City of Carpinteria
City Council Regular Meeting Agenda
Monday, October 24, 2022
Council Chamber, 5775 Carpinteria Avenue
5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website https://carpinteriaca.gov/cityhall/agendas-meetings/) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 889 0390 2262.
Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes. • Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to [email protected], (PLEASE NOTE NEW PUBLIC COMMENT EMAIL ADDRESS) or (2)
the eComment link on the City's agenda website (https://carpinteriaca.gov/cityhall/agendas-meetings/). Please reference the agenda item to which your comment City Council Regular Meeting Agenda
October 24, 2022
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. Mayoral Recognition to David Griggs, Director/Curator of the Carpinteria Valley Historical Society and Museum of History on His Retirement.
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
This may include updates on law enforcement activity within the City from a Sheriff’s Office representative.
CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
This is a time for public comments on matters not otherwise on the agenda but within the subject matter jurisdiction of the City Council. The Public Comment period is limited to 15 minutes and divided among those persons desiring to speak. No person shall speak longer than three minutes; however, the Mayor may establish shorter periods based on the time available and/or the number of persons waiting to speak. Persons wishing to speak on a specific item will be recognized at the time the agenda item is considered. The audio-visual system in the Council Chamber is not available for speaker use during the general Public Comment period.
City Council Regular Meeting Agenda
October 24, 2022
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.
2. Approve the minutes of the regular meeting held October 10, 2022.
3. Receive and file the Expenditures for the period beginning October 1, 2022 and ending October 14, 2022.
4. Receive and file the Contracts Executed by the City Manager on behalf of the City for the Period of September 20, 2022 through October 17, 2022.
5. Adoption of Resolution No. 6170, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.
6. Adoption of Resolution No. 6167, authorizing signers on City bank accounts.
7. Adopt Resolution No. 6168, authorizing certain officers to order the deposit or withdrawal of monies in the Local Agency Investment Fund (LAIF).
8. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds for the month of September 2022.
9. Receive and file the Quarterly Review of the Pension Stabilization Trust.
10. Adopt Resolution No. 6172, receiving and filing the annual City Investment Policy.
ADMINISTRATIVE MATTERS:
11. Approval of a consultant services agreement between the City and Equity Praxis Group for assistance with the City’s Racial, Equity and Social Justice program in a notto-exceed amount of $108,202.
Recommendation: Approve a consultant services agreement between the City and Equity Praxis Group for assistance with the City’s Racial, Equity and Social Justice program in a not-to-exceed amount of $108,202. (This motion requires a roll call vote.) City Council Regular Meeting Agenda
October 24, 2022
Staff Presenter: Michael Ramirez, Assistant City Manager a. Staff Report
b. Public Comment
c. City Council Determination
12. Authorization for the City Manager to execute an Agreement with Policore to provide Information Technology Management Services to the City of Carpinteria for a threeyear not-to-exceed amount of $311,220.00.
Recommendation: Authorize the City Manager to execute an Agreement with Policore to provide Information Technology Management Services for a three-year not-toexceed amount of $311,220.00 (This motion requires a roll call vote.) Staff Presenter: Licette Maldonado, Administrative Services Director a. Staff Report
b. Public Comment
c. City Council Determination
13. Award of Contract for Electric Vehicle Charging Stations.
Recommendation: (1) Award a contract to EV Connect for electric vehicle charging stations in an amount of $37,950 and (2) Approve budget adjustments in the Resource Conservation Program to reflect an additional expense of $37,950 and revenues of $13,500. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
14. Adopt Resolution No. 6169, Approving Appointments to the Downtown “T” Business Advisory Board.
Recommendation: Adopt Resolution No. 6169, approving appointments to the Downtown “T” Business Advisory Board.
Staff Presenter: Brian C. Barrett, City Clerk
a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING:
City Council Regular Meeting Agenda
October 24, 2022
15. Request of the Carpinteria-Summerland Fire Protection District for the City Council to provide comments regarding the District’s Draft Ordinance adopting the 2022 California Fire Code pursuant to California Health and Safety Code §13869.7(b).
Recommendation: Receive the presentation and public testimony regarding the District’s Draft Ordinance adopting the 2022 California Fire Code, and provide direction to City staff, as determined appropriate, for the preparation of written comment pursuant to California Health and Safety Code §13869.7(b).
Staff Presenter: Steve Goggia, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination
OTHER BUSINESS:
16. Approval and adoption of Resolution No. 6171, establishing administrative procedures for a Safe Parking Pilot Program, authorizing the City Manager, on behalf of the City, to enter into an operating agreement with New Beginnings Counseling Center in a not-to-exceed amount of $94,000, and allocating a FY 2022-23 budget amount of $32,000.
Recommendation: Approve and adopt Resolution No. 6171, establishing administrative procedures for a Safe Parking Pilot Program, authorizing the City Manager, on behalf of the City, to enter into an operating agreement with New Beginnings Counseling Center for a not-to-exceed amount of $94,000, and allocating a FY 2022-23 budget amount of $32,000.
Staff Presenter: Dave Durflinger, City Manager and Ron Alonzo, Code Compliance Supervisor
d. Staff Report
e. Public Comment
f. City Council Determination
17. Code Compliance Quarterly Report.
Recommendation: Receive and file quarterly report.
Staff Presenter: Ron Alonzo, Code Compliance Supervisor a. Staff Report
b. Public Comment
c. City Council Determination
City Council Regular Meeting Agenda
October 24, 2022
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) 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
City Council Regular Meeting Agenda
October 24, 2022
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 November 14, 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 19, 2022, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.
:Mayora{ 'Recognition
.'A.~-, . ' ar' de~ .tf ·--· to
'ilif~it.i1~f ii,i"as roo.
The City of Carpinteria commends and conqratulates 'Davia (jriggs on his retirement from the Carpinteria Ya[[ey Jvluseum of J-fistory. .Mr, (jriggs has welt and. f aitlifu[[y served as the Director, /Curator of the Carpinteria Ya[[ey -Historical Society and .Museum. of J-fistory for the yast 36 years. .Mr, (jriggs developed. the yoyu[ar and' wideio-known. museum marketplace, expanded. the annual. J-fQliaay ..'Arts & Crafts Taire into a beioved tradition; and. yroviaeas-clioo[ tours tailored. to class curricula for students across the region. Under Jvlr. (jrigg's stewardship, the museum has become a self sufficient and. self sustaining orqanization: The City of Carpinteria commends Jvlr. (jriggs on his industrious efto_rt-s ~n making the museum a vaiuabte repositorq of the community's culturai. historv for future generations to explore. - --- ·~. ,,,,,.,,..
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-- Waae T. Nomura, :Mayor
..'A{ Clark, Yice-:Mayor Natalia. ..'A.farcon, Counciimember (jregg ..'A. Carty, Counciimember 'Roy Lee, Councilmemher City of Carpinteria
City Council Minutes
Regular Meeting
Monday, October 10, 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
Brian C. Barrett, City Clerk
Michael Ramirez, Assistant City Manager
John L. Ilasin, Public Works Director
Erin Maker, Environmental Program Manager
PLEDGE OF ALLEGIANCE
Mayor Nomura led those present in the salute to the flag.
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:
1. Certificate of Commendation to Ian Thomas.
2. Certificate of Commendation to Matthew Lamberti.
The Council heard Item Nos. 1 and 2 jointly.
Speakers in-person: Ian Thomas, Matthew Lamberti, and Andy Sheaffer Mayor Nomura and the Council presented the Certificates of Commendation to Mr.
Thomas and Mr. Lamberti.
City Council Regular Meeting Minutes
October 10, 2022
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
Mayor Nomura temporarily adjourned the meeting at 5:41 pm and the Council and staff moved to the west parking lot to review new Public Works vehicles. Council and staff returned to the Council Chambers at 5:58 pm to hold the monthly meeting of the Carpinteria Library Board of Trustees.
RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Nomura reconvened the meeting at 6:04 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 reported on the recent Avocado Festival, the Carpinteria Groundwater Sustainability Agency will hold the first of six workshops beginning on October 19th held at Lions Park from 6 – 9 pm, and there will be a special joint meeting of the City Council and Planning Commission on October 17th to review the Draft Housing Element. Assistant City Manager 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, Kristina Calkins, Bob Franco, Susan Allen, and Roberta Lehtinen
Speakers via Zoom: Gary Campopiano
Emails distributed: Scott Hall
AGENDA MODIFICATIONS: NONE
CONSENT CALENDAR:
There was no public comment.
City Council Regular Meeting Minutes
October 10, 2022
Motion by Councilmember Lee, seconded by Vice Mayor Clark, to approve the Consent Calendar Item Nos. 3 through 10.
Mayor Nomura recommended the Council vote on Item Nos. 8 and 10 separately aside from the remaining items on the Consent Calendar since those two items required a roll call vote.
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 notto-exceed $391,490. (This motion requires a roll call vote.) The roll call vote on Item No. 8 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. 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.) The roll call vote on Item No. 10 was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
3. Approve the minutes of the 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.
City Council Regular Meeting Minutes
October 10, 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.
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.
The roll call vote on the remaining Consent Calendar Item Nos. 3 through 7 and No. 9 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.
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-toexceed $372,190 for the Franklin Creek Trail Improvement Project. (This motion requires a roll call vote.)
Public Works Director Ilasin presented the staff report.
There was no public comment.
Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to authorize the City Manager to execute an Agreement with RRM Design Group to provide consulting design City Council Regular Meeting Minutes
October 10, 2022
services in an amount not-to-exceed $372,190 for the Franklin Creek Trail Improvement 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.
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.)
Public Works Director Ilasin presented the staff report.
Speakers in-person: Susan Allen
Motion by Councilmember Lee, seconded by Vice Mayor Clark, to (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-toexceed $31,414. 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.
There was consensus amongst the Council for staff to return with an update or an informational presentation on this item at a future meeting.
City Council Regular Meeting Minutes
October 10, 2022
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.
Public Works Director Ilasin presented the staff report.
Speakers in-person: Roberta Lehtinen
Councilmember Lee brought up a potential conflict of interest for Councilmember Alarcon being that Councilmember Alarcon may live within 500 feet of one of the locations of the Traffic Safety Committee recommendations.
Legal Counsel Acos reported that Councilmember Alarcon did not live within 500 feet of any of the locations of the Traffic Safety Committee recommendations and that there was no presumption of a conflict of interest.
Motion by Councilmember Lee, seconded by Councilmember Carty, to adopt Resolution No. 6165, 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: 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.
Public Works Director Ilasin presented the staff report.
Speakers in-person: Carlos Brens and Roberta Lehtinen
City Council Regular Meeting Minutes
October 10, 2022
Motion by Councilmember Carty, seconded by Vice Mayor Clark, to approve grant funding in the amount of $135 for the Carpinteria Alzheimer’s Caregiver Support Group subject to submittal and processing of an appropriate Community Services Support program application and also approve an additional $365 for a total of $500 to promote this event.
City Manager Durflinger noted the sample motion has two parts which the Council needs to consider in its motion.
Councilmember Carty modified the motion to (a) Find that the “Walk to End Alzheimer’s” special event of the Carpinteria Alzheimer’s Caregiver Support Group provides a significant public benefit to raise awareness and support caregivers of persons with Alzheimer’s disease; and (b) approve grant funding in the amount of $135 for the Carpinteria Alzheimer’s Caregiver Support Group subject to submittal and processing of an appropriate Community Services Support program application and as well as additional $365 for a total of $500 to promote this event. Vice Mayor Clark seconded the modified motion.
The roll call vote on the modified motion was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Mayor Nomura temporarily adjourned to a break at 8:04 pm and reconvened the meeting at 8:15 pm.
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.
Councilmember Alarcon recused herself from this item due to her personal office space being next to Parking Lot No. 1 and left the Council Chambers at 8:15 pm.
Public Works Director Ilasin presented the staff report.
Speakers in-person: Caroline Alarcon and Mike Pollard
Motion by Vice Mayor Clark, seconded by Councilmember Carty, to move to direct staff to implement the short and long term response options described in this Report and find City Council Regular Meeting Minutes
October 10, 2022
out more information on all options and redesignate the parking time on the parking spaces along the Elm Avenue side of Parking Lot No. 1 and get the Downtown “T” Business Advisory Board together to field these issues.
The roll call vote was as follows:
AYES: Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: Councilmember Alarcon (recused)
ABSTAIN: None
The motion carried.
Councilmember Alarcon returned to the dais at 9:04 pm.
16. Consideration of initiating the ordinance process concerning building electrification regulations.
Recommendation: Initiate the ordinance process concerning building electrification regulations.
Environmental Program Manager Maker presented the staff report and PowerPoint presentation.
Speakers in-person: Jonathan Ullman and Mike Pollard
Emails distributed: Mike Wondolowski, Katie Davis, Alex Pujo, Michael Chiacos, and Dustin Hosieth
Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, to move to direct staff to initiate the ordinance process concerning building electrification regulations and provide more information about the concerns brought up. 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
City Council Regular Meeting Minutes
October 10, 2022
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
There were no committee reports.
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the special Council meeting on October 13th and October 17th.
ADJOURNMENT
Motion by Vice Mayor Clark, seconded by Mayor Nomura, to adjourn the meeting in honor of Brad Smith who passed away. The motion carried unanimously.
Mayor Nomura adjourned the meeting at 9:42 pm in honor of Brad Smith who passed away.
__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
October 24, 2022
ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning October 01, 2022 and ending October 14, 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 October 01, 2022 and ending October 14, 2022.
Warrant Register
October 24, 2022
Page #2
Staff contact: Alexiss Martinez, Accounting Tech.
(805) 755-4422, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\Admin Services\Staff Report\Staff Report AP.docx
Warrant Register
Carpinteria, CA
Date Range: 10/01/2022 - 10/14/2022
Vendor Number Vendor Name Payment Date Payment Type Payment Amount Number Payable# Payable Type Post Date Payable Description
Bank Code: AP Bank-AP Bank
JAYNE DIAZ 10/06/2022 EFT 751.22 715
INV0004089 Invoice 10/01/2022 MEDICAL REIMBURSEMENT
LARRY DRIGGERS 10/06/2022 EFT 751.22 716
INV0004090 Invoice 10/01/2022 MEDICAL REIMBURSEMENT
MARY ANN COLSON 10/06/2022 EFT 751.22 717
INV0004088 Invoice 10/01/2022 MEDICAL REIMBURSEMENT
SEIU LOCAL 620 10/06/2022 Regular 214.49 101348
INV0004081 Invoice 10/06/2022 Employee Union Dues Contribution UNITED WAY OF SANTA BARBARA COUNTY 10/06/2022 Regular 24.00 101349 INV0004083 Invoice 10/06/2022 Employee United Way Contribution VANTAGEPOINT TRANSFER AGENTS - 457 10/06/2022 Regular 5,620.49 101350 INV0004071 Invoice 10/06/2022 ICMA Employee Contributions INV0004072 Invoice 10/06/2022 ICMA Employee Contributions INV0004073 Invoice 10/06/2022 ICMA Employee Contributions INV0004074 Invoice 10/06/2022 Deferred Compensation Contribution BROWNSTEIN HYATT FARBER SCHRECK 10/06/2022 Regular 54,696.00 101351 907976 Invoice 08/31/2022 PROFESSIONAL LEGAL SERVICES THROUGH 08/31/22 907985 Invoice 08/31/2022 PROFESSIONAL LEGAL SERVICES THROUGH 08/31/22 907986 Invoice 08/31/2022 PROFESSIONAL LEGAL SERVICES THROUGH 08/31/22 COX BUSINESS 10/06/2022 Regular 356.96 101352
OCT22 001 3011 028030701 Invoice 10/06/2022 OCT22-COMMUNITY POOL INTERNET & PHONE SERVICES FIRST NATIONAL BANK OF OMAHA 10/06/2022 Regular 9,839.47 101353 OCT22 0503 Invoice 10/06/2022 CREDIT CARD PAYMENT-MR
OCT22 2429 Invoice 10/06/2022 CREDIT CARD PAYMENT-LS
OCT22 3696 Invoice 10/06/2022 CREDIT CARD PAYMENT-LM
OCT22 4545 Invoice 10/06/2022 CREDIT CARD PAYMENT-BB
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PR20 10L06L22 Invoice 10/06/2022 PR20 10/06/22 SDI TAXES EDD-SIT 10/06/2022 Bank Draft 5,601.27 DFT0002796
PR20 10L06L22 Invoice 10/06/2022 PR20 10/06/22 SIT TAXES City of Carpinteria
COUNCIL AGENDA STAFF REPORT
October 24, 2022
ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of September 20, 2022 through October 17, 2022.
STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of September 20, 2022 through October 17, 2022.
DISCUSSION
The City Manager is delegated authority by the Carpinteria Municipal Code (CMC), §2.08.150B, to execute contracts on behalf of the City in the amount of $30,000 or less.
Pursuant to CMC §2.08.150C, a list of all contracts executed by the City Manager is provided for City Council information and appended to this Staff Report as Attachment A. Attachment A lists all contracts entered into on behalf of the City for goods, construction and services for the Period of September 20, 2022 through October 17, 2022.
FINANCIAL CONSIDERATIONS
All contracts entered into are within the appropriated budgeted amounts.
ATTACHMENTS
A. Report of Contracts Executed by the City Manager
Report of Contracts Executed by City Manager
October 24, 2022
Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4403, [email protected]
Reviewed by: Dave Durflinger, City Manager
re~
ATTACHMENT A
Report of Contracts Executed by the City Manager
Period of September 20, 2022 through October 17, 2022.
VENDOR PURPOSE AMOUNT
MNS Engineers City Surveyor Staff Augmentation $30,000
Services
County of Santa Barbara MOU - Santa Barbara County $3,941.35 Regional SB 1383 Food Recovery
Plan
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
October 24, 2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6170, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.
STAFF RECOMMENDATION
Adopt Resolution No. 6170, 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. 6170, 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
October 24, 2022
DISCUSSION
Under AB 361, the City may employ teleconferencing as long as there is a gubernatorial "proclaimed state of emergency," and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.
In addition, every 30 days, the City Council must make the following findings by majority vote in order to continue the teleconferencing option: (1) the agency has reconsidered the circumstances of the state of emergency; and (2) it either continues to directly impact the ability of members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing.
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. 6170, authorizing virtual or hybrid attendance of meetings through November 23, 2022.
Through October 13, 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 October 13, 2022 is 57.56, compared to 62.49 on September 29, 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. On September 13, 2022, the Governor signed into law Assembly Bill 2449 (AB 2449) which amends the Brown Act to allow members of a legislative body to teleconference under specified circumstances. AB 2449 is effective January 1, 2023 to January 1, 2026. Under AB 2449, if a quorum of the legislative body participates inperson from a single open and public location that is identified on the agenda, the other members may participate remotely for "just cause" or in "emergency circumstances" without having to comply with the traditional Brown Act teleconferencing rules. "Just cause" is identified as any of the following: (i) providing childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely; (ii) a contagious illness that prevents a member from attending in-person; (iii) a need related to a physical or mental disability as defined by statute; or (iv) travel while on official business of the legislative body. Teleconferencing for the "just cause" reason may not be used more than two meetings per calendar year. 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. 6170).
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\10-24-22\AB 361 Findings\Remote Meetings SR.docx AB 361 Findings - Remote Teleconference Meetings
October 24, 2022
"Emergency circumstances" is defined as a physical or family medical emergency that prevents a member from attending in-person. The teleconferencing member must make a request that the legislative body approve an "emergency circumstances" reason for attending the meeting remotely, which must be agendized and approved by a majority vote.
Regardless of which reason is raised, teleconferencing members must participate through both audio and visual technology and they must publicly disclose at the meeting before any action is taken, whether any other individuals 18 years or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individuals. In addition, if there is a disruption that prevents the broadcasting of the meeting to members of the public using a call-in option or internet-based service option, the meeting must be paused until the meeting is broadcast again. Teleconferencing may not be used for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year.
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, Resolution No. 6159 on September 12, 2022, and Resolution No. 6163 on October 10, 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 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. 6170 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.
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\10-24-22\AB 361 Findings\Remote Meetings SR.docx AB 361 Findings - Remote Teleconference Meetings
October 24, 2022
OPTIONS
1. Adopt Resolution No. 6170, authorizing remote teleconference meetings of the City Council and Boards, Committees, and Commissions.
2. Decline to adopt Resolution No. 6170 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. 6170
Staff contact: Brian C. Barrett, City Clerk
(805) 755-4403; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\10-24-22\AB 361 Findings\Remote Meetings SR.docx AB 361 Findings - Remote Teleconference Meetings
October 24, 2022
ATTACHMENT A
Resolution No. 6170
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\10-24-22\AB 361 Findings\Remote Meetings SR.docx AB 361 Findings - Remote Teleconference Meetings
October 24, 2022
THIS PAGE INTENTIONALLY LEFT BLANK
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\10-24-22\AB 361 Findings\Remote Meetings SR.docx RESOLUTION NO. 6170
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 October 13, 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. 6170
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, Resolution No. 6159 on September 12, 2022, and Resolution No. 6163 on October 10, 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. 6170
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 24th 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, CPMC
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 24, 2022.
Brian C. Barrett, CMC, CPMC
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. 6170
EXHIBIT 1 TO RESOLUTION NO. 6170
Santa Barbara County
PUBt~cHealth
-~,,.:.l' D E P A R T M E N T
Public Health Administration
300 North San Antonio Road • Santa Barbara, CA 93110-1316 805/681-5100 • FAX 805/681-5191
Denlel L 8. Nlelaon, MPA Interim Director
Suzanne Jacobson, CPA Chief Financial Officer
Paige Batson, MA, PHN, RN Oepury Director
Darrin Eisenbarth Deputy Director
Dana Gamble, LCSW Deputy Director
Henning AnS<>rg, MD Health Dfflcer
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)(l)(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
~~/feo.#6P- , <YA
A- oanilNielsbn,MPA
Public Health Interim Director
County of Santa Barbara
Healthy people, healthy community, healthy environment.
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
October 24, 2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of the attached Resolution No. 6167, authorizing signers on City bank accounts.
STAFF RECOMMENDATION
Adopt Resolution No. 6167, authorizing signers on City bank accounts.
Sample Motion: I move adoption of Resolution No. 6167, as read by title only.
BACKGROUND / DISCUSSION
On occasion the City has a need to make changes to the list of employees authorized as bank signers. The need for updating the list can be precipitated by a change in staff, reorganization and/or change in staff responsibilities. Resolution No. 6167, if adopted, will authorize a change of signatures on all City bank accounts.
POLICY CONSISTENCY
The City's approved signers list was last updated and approved via Resolution No. 6148, on July 11, 2022.
FINANCIAL CONSIDERATIONS
None
LEGAL
None
Approving changes to the authorized signers list for City bank accounts October 24, 2022
PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown
ATTACHMENTS
A. Resolution No. 6167
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\Licette\STAFF\Sign~ture Change 10-24-22.docx
Attachment A
Resolution No. 6167
RESOLUTION NO. 6167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA AUTHORIZING SIGNERS ON BANK ACCOUNTS FOR
THE CITY OF CARPINTERIA AND SUPERSEDING ALL PRIOR
AUTHORIZATION
WHEREAS, the City of Carpinteria on occasion finds it necessary to make changes to the list of employees authorized and empowered to sign on bank accounts on behalf of the City; and
WHEREAS, The City's practice is for the City Council to authorize bank signers via Resolution.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The City Manager, or their designee, is authorized and directed to open and maintain such bank accounts in banks or savings institutions as they deem necessary and advisable for the conduct of the affairs of the City and any two of the following persons, acting together, and coexistent with all applicable City policies and procedures, are authorized and empowered to execute checks and other items of indebtedness for and on behalf of this City.
Dave Durflinger, City Manager
Licette Maldonado, Administrative Services Director
Michael P. Ramirez, Assistant City Manager
Gilbert T. Punsalan, Finance Manager
Brian C. Barrett, City Clerk
SECTION 3. This resolution authorizing signers on City bank accounts supersedes all prior authorizations.
Resolution No. 6167
PASSED, APPROVED AND ADOPTED on the 24th 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 24, 2022.
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
October 24, 2022
ITEM FOR COUNCIL CONSIDERATION
Adopt of the City's Resolution authorizing certain officers to order the deposit or withdrawal of monies in the Local Agency Investment Fund.
STAFF RECOMMENDATION
Adopt Resolution No. 6168, as read by title only, authorizing certain officers to order the deposit or withdrawal of monies in the Local Agency Investment Fund (LAIF).
Sample Motion: I move adoption of Resolution No. 6168, as read by title only.
BACKGROUND / DISCUSSION
On occasion the City has a need to make changes to the list of employees authorized as bank signers. The need for updating the list can be precipitated by a change in staff, reorganization and/or change in staff responsibilities. Resolution No. 6168, if adopted, will authorize certain officers to order the deposit or withdrawal of monies in the Local Agency Investment Fund.
POLICY CONSISTENCY
The City's authorization of certain officers to order the deposit or withdrawal of monies in the Local Agency Investment Fund was last reviewed and adopted per Resolution 5922 on November 12, 2019.
FINANCIAL CONSIDERATIONS
None
Authorizing Certain Officers to Order the Deposit or Withdrawal of Monies in LAIF October 24, 2022
LEGAL
None
PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown
ATTACHMENTS
A. Resolution No. 6168
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Attachment A
Resolution 6168
RESOLUTION NO. 6168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, AUTHORIZING INVESTMENT OF THE CITY OF
CARPINTERIA MONIES IN THE LOCAL AGENCY INVESTMENT FUND
(LAIF)
WHEREAS, the Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429 .1 et. seq. for the purpose of investment as provided therein is in the best interest of the City of Carpinteria; and
WHEREAS, the Officer of the Treasurer, State of California, has asked that the City update the authorizations in said Resolution reflecting the subsequent changes.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the withdrawal of City of Carpinteria monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.
BE IT FURTHER RESOLVED, as follows:
SECTION 1. The following City of Carpinteria officers holding the title(s) specified hereinbelow or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transaction contemplated hereby:
Dave Durflinger, City Manager
Licette Maldonado, Administrative Services Director
Michael P. Ramirez, Assistant City Manager
Gilbert T. Punsalan, Finance Manager
Brian C. Barrett, City Clerk
SECTION 2. This resolution shall remain in full force and effect until rescinded by City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer's Office
Resolution No. 6168
SECTION 3. This resolution authorizing investment of City of Carpinteria monies in the Local Agency Investment Fund supersedes all prior authorizations.
PASSED, APPROVED AND ADOPTED on the 24th 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 24, 2022.
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
♦
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
October 24, 2022
ITEM FOR COUNCIL CONSIDERATION
Monthly City Treasurer's Report on Compliance with Statement of Safekeeping and Investment of Public Funds.
STAFF RECOMMENDATION
Receive and file the report
Sample Motion: I move to receive and file the report.
BACKGROUND / DISCUSSION
The City Council is the City of Carpinteria trustees and authorized to make investment decisions concerning public funds that are subject to the prudent investment standard.
The Prudent Investor Standard of the California Government Code Section 53600.3 states, "when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City." The standard or prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.
Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City Investment officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk changes or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
The purpose of this agenda matter is to provide the City Council with the required monthly Treasurer's Report.
Monthly City Treasurer's Report
October 24, 2022
POLICY CONSISTENCY
The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.
FINANCIAL CONSIDERATIONS
Cash Statement: At September 30
th
, 2022, the City held cash and cash investments as
shown in the table below.
Table I
CASH ACTIVITY FOR THE MONTH:
Cash and Investment Beginning of the Month
Cash Receipts
Cash Disbursements
Cash and Investment End of the Month
$ 20,882,826.46 I
5,730,274.86
(6,923,887.41)
$ 19,689,213.91
Investments:
Changes in the market value of treasury securities are inversely proportional to changes in interest rates demanded in the open market, i.e., when rates rise market values fall, when rates fall market values rise. The sensitivity of a portfolio's market value to these changes in market rates is a function of its days to maturity and its coupon rate.
Securities with longer maturities and/or lower coupon rates are more sensitive to changes in market interest rates. As a security matures, changes in its value become less sensitive to market rate changes.
At September 30
th the portfolio's average days to maturity was 2.00 years, the average coupon rate was 1.66%, the average yield to maturity was 4.17%, the par value was $10,076,000 and Market Value was $9,555,075.17.
The City does not intend to sell nor does it have any foreseeable need to sell any securities. The intention of the City's investment policy is to hold all securities to maturity; and securities so held are redeemed at par value resulting in no net market gain or loss.
Attached for City Council review is the Treasurer's Report that details a listing of all the investments and cash activity during the month.
The City of Carpinteria will be able to meet all expenditure obligations that might reasonably be anticipated for the next six-month period April 1, 2023. \\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Monthly City Treasurer's Report
October 24, 2022
LEGAL
This report has been prepared in compliance with California Government Code Sections 53600 and 53646.
PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown
ATTACHMENTS
City of Carpinteria Treasurer's Report
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Signature
\\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx City Treasurer's Report
CITY OF CAR PINT ERIA TREAS UR ER'S REPORT
For the Month Ended September 2022
CAS H ACTIVI TY FOR THE MONT H:
Cash and Investment Beginning of the Month $ 20,882,826.46 Cash Receipts 5,730,274.86
Cash Disbursements {6,923,887.41}
Cash and Investment End of the Month $ 19 689 213 91
CASH AND INVESTMENT PORTFOLIO:
Yield to Maturity # Days to
Type of Investment/Coupon/CUSIP # Institution/Issuer Par Value Market Value (1) Book Value (2) Maturity Date Maturity Demand Deposit - General Checking Montecito Bank NIA NIA NIA 451,581.72 451,581.72 451,581.72 Demand Deposit - Premier Public Money Market Montecito Bank NIA 10/112022 1 2,696,836.33 2,696,836.33 2,696,836.33 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 8,806.46 8,806.46 8,806.46 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 4,912.96 4,912.96 4,912.96 Demand Deposit - Money Market Charles Schwab NIA 10/112022 I 183,226.31 183,226.31 183,226.31 Local Agency Investment Fund State of California 0.22% 10/1/2022 1 6,412,742.15 6,412,742.15 6,412,742.15 Treasury Note, 2.0%, (9128283C2) U.S. Government 2.05% 1013112022 31 179,000.00 178,804.21 178,509.11 Treasury Note, 2.0%, (912828M80) U.S. Government 2.06% 1113012022 61 175,000.00 174,617.19 174,454.00 Treasury Note, 2.125%, (912828N30) U.S. Government 2.24% 1213112022 92 161,000.00 160,471.71 160,091.79 Treasury Note, 2.375%, (9!28283U2) U.S. Government 2.50% 113112023 123 169,000.00 168,234.21 168,003.85 Treasury Note, 2.625%, (9128284A5) U.S. Government 2.60% 212812023 151 171,000.00 170,171.71 171,184.09 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.00% 313112023 182 250,000.00 247,031.25 251,327.50 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.56% 3/3112023 182 250,000.00 247,031.25 249,843.75 Treasury Note, 2.5%, (9128284D9) U.S. Government 0.08% 3/3112023 182 171,000.00 169,877.81 170,243.30 Treasury Note, 0.25%, (912828ZH6) U.S. Government 1.03% 4/1512023 197 250,000.00 245,078.13 247,820.56 Treasury Note, 1.625%, (912828R69) U.S. Government 1.87% 513112023 243 250,000.00 245,937.50 249,268.63 Treasury Note, 2.625%, (9128284U 1) U.S. Government 2.84% 613012023 273 100,000.00 98,906.25 99,563.57 Treasury Note, 2. 75%, (912828Y61) U.S. Government 0.06% 713112023 304 400,000.00 395,375.00 398,795.22 Treasury Note, 2.75%, (9128284X5) U.S. Government 0.01% 813112023 335 400,000.00 394,625.00 399,721.60 Treasury Note, 2.875%, (9!28285D8) U.S. Government 0.67% 913012023 365 250,000.00 246,718.75 249,335.00 Treasury Note, 2.875%, (9128285K2) U.S. Government 2.20% 1013112023 396 250,000.00 246,210.93 252,579.39 Treasury Note, 2.75%, (912828WE6) U.S. Government 2.23% 11/1512023 411 250,000.00 245,585.93 252,049.66 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 1213112023 457 250,000.00 239,218.75 249,993.47 Treasury Note, 2.5%, (9128285Z9) U.S. Government 0.06% 1131/2024 488 200,000.00 195,187.50 199,388.94 Treasury Note, 2.375%, (9128286GO) U.S. Government 0.78% 2129/2024 517 200,000.00 194,625.00 199,264.00 Treasury Note, 0.25%, (91282CBRI) U.S. Government 2.17% 3/1512024 532 250,000.00 235,664.05 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S. Government 2.41% 4130/2024 578 250,000.00 241,992.16 249,156.76 Treasury Note, 2.0%, (912828XT2) U.S. Government 1.11% 5131/2024 609 250,000.00 240,703.13 255,107.50 Treasury Note, 3.25%, (91282CFG I) U.S. Government 4.30% 8131/2024 701 250,000.00 245,468.75 245,158.84 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 9/1512024 716 250,000.00 231,796.88 245,359.46 Treasury Note, 2.125%, (9128282Y5) U.S. Government 4.31% 913012024 731 250,000.00 239,843.75 239,586.84 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 12/1512024 807 250,000.00 232,890.63 250,079.39 Treasury Note, 1.125%, (912828ZC7) U.S. Government 1.29% 212812025 882 250,000.00 232,070.30 248,740.00 Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 3131/2025 913 250,000.00 240,312.50 260,224.61
CITY OF CAR PINT ERIA TREAS UR ER'S REPORT
For the Month Ended September 2022
Treasury Note, 0.25%, (912828ZT0) U.S. Government 1.25% 5/31/2025 974 250,000.00 224,804.68 241,660.01 Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 6/30/2025 1004 250,000.00 224,296.88 239,598.86 Treasury Note, 0.25%, (9 l282CAM3) U.S. Government 1.32% 9/30/2025 1096 250,000.00 222,148.43 240,265.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12/31/2025 1188 250,000.00 221,054.67 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government l.37% 12/31/2025 1188 250,000.00 221,054.68 240,365.00 Treasury Note, 1.625%, (9 J 2828P46) U.S. Government 1.56% 2/15/2026 1234 250,000.00 229,609.38 250,595.69 Treasury Note, 0.5%, (91282CBQ3) U.S. Government 1.28% 2/25/2026 1244 250,000.00 220,585.93 242,113.19 Treasury Note, 0. 75%, (9 l 282CBT7) U.S. Government 1.28% 3/31/2026 1278 250,000.00 221,953.13 244,459.30 Treasury Note, 0. 75%, (9 l 282CCF6) U.S. Government 1.34% 5/31/2026 1339 250,000.00 220,820.30 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S. Government l.35% 6/30/2026 1369 250,000.00 221,328.13 244,821.96 Treasury Note, 2%, (91282024) U.S. Government 431% 11/15/2026 1507 250,000.00 229,570.30 228,317.27 Treasury Note, 1.25%, (91282CDK4) U.S. Government 1.28% 11/30/2026 1522 250,000.00 222,460.93 249,602.02 Treasury Note, 2.25%, (912828V98) U.S. Government 4.29% 2/15/2027 1599 250,000.00 231,093.75 229,819.14 Treasury Note, 3.125%, (91282CFH9) U.S. Government 4.19% 8/31/2027 1796 250,000.00 239,843.75 238,232.21 19,834,105.93 19,313,181.10 19,689,213.91
REPORT ON COMPLIANCE WITH STATEMENT OF SAFEKEEPING AND INVESTMENT OF PUBLIC FUNDS The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.
REPORT OF ABILITY TO MEET REQUIRED EXPENDITURES FOR THE NEXT SIX MONTHS Based upon currently budgeted revenues and expenditures, the City currently has sufficient liquid financial resources to meet anticipated expenditures during the period 10/01/22 through 4/01/23.
WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As ofSetptember 30, 2022 the weighted average days to maturity of the City's investment portfolio is 2.00 years.
FOOTNOTES TO REPORT/DEFINITION OF TERMS:
(l) The market value of U.S. Goverrnent Securities was provided by the custodial agent, Charles Schwab.
For the Local Agency Investment Fund the market value represents the contract value.
For all other investments, the market value is equal to book value. (2) Book value of demand deposits equals the bank balance minus outstanding checks plus deposits-in-transit.
Yield to Maturity (YTM): The percentage rate of return for the note assuming that the City holds the asset until its maturity date. It is the sum of all its remaining coupon payments.
Par Value: Equals face value of security (value of the security when it reaches maturity).
Market Value: The last price for which a security was bought or sold. In this case, the value as of the last day of the month of this report.
Book Value: The amount at which the security is carried in the City's accounting records (adjusted at year-end for GASB 40 reporting purposes).
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
OCTOBER 24, 2022
ITEM FOR COUNCIL CONSIDERATION
Quarterly Review of Pension Stabilization Trust.
STAFF RECOMMENDATION
Receive and file the report
Sample Motion: I move to receive and file the report.
BACKGROUNG/DISCUSSION
The purpose of the Pension Stabilization Trust is to accumulate, hold, and distribute pension plan assets for the exclusive benefit of retiree pensions within the meaning of IRS Code Section 115. Plan assets are irrevocable and may not be used for any purpose other than the purpose of the Trust. Withdrawal of plan assets is not permitted except to transfer to another trust or to reimburse the City for pension costs paid.
The City's primary objective in establishing the Pension Trust is to control long term costs and volatility on the annual operating budget. The trust provides more flexibility for the City to both level out contributions and mitigate year-to-year contribution volatility.
Plan contributions transfer assets to the Trust, and accordingly, plan assets are not carried on the City's books and are not subject to the City's investments policy.
Discretionary Trustee Benefit Trust Company (BTC), with the advice of Morgan Stanley Wealth Management Consulting Group, actively manage plan assets consistent with the Investment Policy Statement. The City's individual trust account is part of a larger Multiple Employer Trust administered by Keenan Financial Services and BTC, referred to as the California Public Entity Pension Stabilization Trust. BTC also provides the City with monthly, quarterly (attached), and annual statements-of-activity of the City's account. The Pension Stabilization Trust utilizes a Board of Authority that provides management and oversight of the Trust with participation by one individual per public Quarterly Review of the Pension Stabilization Trust
October 24, 2022
Page2
agency. The fees are asset-based, paid monthly, deducted directly from the Trust account, and total 30 bps
1 annually. This is competitive with other comparable plans.
POLICY CONSISTENCY
This matter concerns actions aimed at improving the City's long-term financial position and is consistent with the City's fiduciary responsibilities and goal to deliver services that meet community needs in an efficient and effective manner.
The purpose of this quarterly review is to report the portfolio summary of the City of Carpinteria Pension Stabilization Trust account.
FINANCIAL CONSIDERATIONS
Portfolio Summary:
At September 30, 2022, the City held investments as shown in the table below.
Table 1
Beginning Value
Net Withdrawals
Interest
Dividends
Change in Market Value
Management Fees
Year to Date (YTD)
$1,357,963.66
0.00 0.00
22,055.10
(321,473.05)
(2,736.96)
Ending Value $1,055,808.75
Market Value
Fixed Income
Equities
Alternatives
712,515.71
293,238.11
50,054.93
Asset
Allocation
67.5%
27.8%
4.7%
Total Account $1,055,808.75 100.0%,
Inception date: 6/30/18
YTD: 1/1/2022 - 9/30/2022
Investments:
At September 30
th the portfolio's estimated market value was $1,055,808.75 quarter to date (net of fees) of -5.47%, year to date (net of fees) of -22.25%, last 12 months (net of 1 Basis points pertain to interest rates. One basis point is equal to one one-hundredth of one percentage point (0.01 %). Therefore, 100 basis points would be equivalent to 1 %.
G:\Licette\Pension Stabilization Trust\Staff Reports\Pension Stabilization Trust Quarterly report.docx
Quarterly Review of the Pension Stabilization Trust
October 24, 2022
fees) -21.24%, and inception to date (net of fees) of 0.20%. Attached for City Council review is the statement from Benefit Trust as of September 30, 2022.
An initial deposit of $1 million dollars was invested June 30, 2018. A second deposit of $52,900 was made September 18, 2018 and the third budgeted deposit of $76,850 was made on January 15, 2020. There was a disbursement of $64,031 for FY 2021 and $28,666 for FY 2022 on October 13, 2021.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The establishment of the Pension Stabilization Trust Fund is being developed consistent with Section 115 of the Internal Revenue Code. Establishment of the Irrevocable Pension Stabilization Trust Fund mitigates financial risk associated with expected increases in the CalPERS pension rates over the next decade.
ATTACHMENTS
A. September 30, 2022 Performance Report
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
~
Signature
G:\Licette\Pension Stabilization Trust\Staff Reports\Pension Stabilization Trust Quarterly report.docx
ATTACHMENT A
CITY OF CARPINTERIA CA-MUNI-PST
BENEFIT TRUST ACCOUNT
CITY OF CARPINTERIA CA-MUNI-PST
BENEFIT TRUST ACCOUNT 7440
Portfolio Summary
Net of Fees I US Dollar
9/30/2022
Asset Allocation
60%
40%
20%
67.5%
0%--+------
Equities Fixed Income
4.7%
Portfolio Summary
·- -
Year to Date
Beginning Value $ 1,357,963.66
Net Contributions
Interest
Dividends 22,055.10
Change in Market Value (321,473.05)
Management Fees (2,736.96)
Ending Value $ 1,055,808.74
YTD: 12/31/2021 - 9/30/2022
Alternatives
Performance
Market Current Month Quarter
Value Yield to Date to Date
Fixed Income 712,515.71 3.4 -5.13 -4.89
Equities 293,238.11 1.4 -9.09 -5.45
Alternatives 50,054.93 3.4 -12.92 -11.47
Total Account 1,055,808.74 2.9 -6.65 -5.40
Total Account (Net of Fees) 2.9 -6.68 -5.47
- -- --
SftP 500 TR -9.21 -4.88
MSC/ EAFE -9.31 -9.29
MSC/ ACW/ Ex US Net -9.99 -9.84
BBG Agg (US) -4.32 -4.76
BBG Global Agg -5.14 -6.94
50% MSC/ ACWI I 50% Barclays Agg -6.95 -5.72
Year to Last 12 Last 3 Inception*
Date Months Years to Date
-18.00 -17.98 -3.45 -0.38
-29.95 -27.98 3.51 2.86
-29.55 -19.26 -0.90 0.64
-22.07 -21.00 -1.34 0.50
- -
-22.25 -21.24 -1.64 0.20
---- -- - - -·--- -
-23.86 -15.46 8. 16 8.62
-26.95 -24.98 -1.73 -1.23
-26.50 -25.16 -1.52 -1.19
-14.61 -14.61 -3.26 -0.03
-19.84 -20.38 -5.71 -2.62
-20.21 -17.53 0.54 2.31
• Inception date: 6/30/2018
Performance for periods greater than one year are annualized.
PORTFOLIO APPRAISAL
CITY OF CARPINTERIA CA-MUNI-PST
BENEFIT TRUST ACCOUNT 7440
September 30, 2022
Security Unit Total Market Pct. Cur.
Quantity Security Symbol Cost Cost Price Value Assets Yield
FIXED INC MUTUAL FUNDS
TAXABLE BOND FUND
14,584.309 BLACKROCK TOTAL MPHQX I 150 167,655.75 9.77 142,488.70 13.5 2.7
RETURN FD BO FD
BLKRKCL
8,993.721 GUGGENHEIM FDS GIUS.X 18.60 167,321.57 15.92 143,180.04 13.6 2.8
TR INVT GD BO INSTL
3,172.055 GUGGENHEIM FDS GIOS.X 26.32 83,487.58 23.39 74,194.37 7.0 3.7 TR MACRO OPPTY R6
12,157.349 PRUDENTIAL TOTAL PTRQ.X 14.23 173,050.92 1175 142,848.85 13.5 4.0
RETURN BO FD
14,695.996 PRUDNTIAL GBL PGTQX 6.91 I 01,546.60 4.76 69,952.94 6.6 5.1
TOTL RTRN FD INC
PGIM GBL TTL R6
15,267.556 WESTERN ASSET WAPS.X 11.54 176,144.07 9.16 139,850.81 13.2 3.3
FDS INC
869,206.49 712,515.71 67.5 3.4
869,206.49 712,515.71 67.5 3.4
DOMESTIC EQUITY MUTUAL FUNDS
LARGE CAP FUND
1,007.476 ALGER FUNDS CAP ALGYX 38.46 38,751.41 38 09 38,374.76 3.6 0.0
APPFOCS Y
2,035.508 COLUMBIA FDS SER COFY.X 28.76 58,548.33 26.11 53,147.11 5.0 0.8 TRI
694 008 LEGG MASON LCSS.X 40.89 28,378.84 34.61 24,019.62 2.3 0.0
PARTNERS EQUITY
TR CLR BRIO SL IS
125,678.58 115,541.49 10.9 0.4
MIDCAP FUND
1,060.224 ALGER FDS MD CP AFOZ.X 14.90 15,795.49 11.63 12,330.41 1.2 0.0
FOCUS Z
SMALL CAP FUNDS
1,402.708 ALGER FDS SMALL AGOZ.X 20.66 28,973.43 16.60 23,284.95 2.2 0.0
CP FOCUSZ
394.529 UNDISCOVERED UBVF.X 67.00 26,433.07 72.56 28,627.02 2.7 1.3
MANAGERS FDS
BEHA YR VAL R6
55,406.50 51,911.98 4.9 0.7
196,880.57 179,783.87 17.0 0.4
INTERNATIONAL MUTUAL FUNDS
INTERNATIONAL EMERGING MARKET FUND
85.226 AMERICAN FUNDS NFFF.X 66.19 5,641.20 60.93 5,192.82 0.5 1.0 NEW WORLD F-2
INTERNATIONAL FUND
434.524 AMERICAN FUNDS ANWF.X 46.23 20,086.58 45.30 19,683 94 1.9 0.8
NEW PERSPECTIVE
F2
"#carp-pst."
PORTFOLIO APPRAISAL
CITY OF CARPINTERIA CA-MUNI-PST
BENEFIT TRUST ACCOUNT 7440
September 30, 2022
Security Unit Total Market Pct. Cur.
Quantity Security Symbol Cost Cost Price Value Assets Yield 1,260.494 GOLDMAN SACHS GSIY.X 14.71 18,541.51 15.31 19,298.16 1.8 2.9
TR II GQG PARTNRS
R6
1,488.889 HARTFORD HILY.X 16.41 24,430.24 13.19 19,638.45 1.9 4.0
INTERNATIONAL
VALUEY
727.766 PRUDENTIAL PRJQ.X 30.92 22,501.34 27.17 19,773.40 1.9 0.0
WORLD FD INC
JENNISON GBL Q
1,547.537 THORNBURG TIBO.X 21.84 33,794.81 19.30 29,867.46 2.8 6.2
INVESTMENT
INCOME BUILDER
119,354.49 108,261.41 10.3 3.1
124,995.69 113,454.23 10.7 3.0
ALTERNATIVE INVESTMENT FUNDS
ALTERNATIVE FUND
2,564.092 COHEN & STEERS CSZI.X 16.52 42,368.80 15.04 38,563.94 3.7 3.0
RL TY INCM NEW
SHS CLZ
687.671 PRUDENTIAL PGRQ.X 22.90 15,744.74 16.71 11,490.98 11 4.5
GLOBAL REAL
ESTATE
58,113.54 50,054.93 4.7 3.4
58,113.54 50,054.93 4.7 3.4
TOTAL PORTFOLIO 1,249,196.29 1,055,808.74 100.0 2.9
"#carp-pst."
2 City of Carpinteria
COUNCIL AGENDA STAFF REPORT
October 24, 2022
ITEM FOR COUNCIL CONSIDERATION
Annual Review of the City's Investment Policy
STAFF RECOMMENDATION
Adopt Resolution No. 6172, receiving and filing the annual City Investment Policy.
Sample Motion: I move adoption of Resolution No. 6172, as read by title only.
BACKGROUND
California Government Code (CGC) Sections 53601 and 53646 mandates cities and other local agencies to adopt a written investment policy. This policy and any changes must be considered at least annually by the Council at a public meeting. In addition, the government code calls for the following:
• The monthly report shall include an accounting of all receipts, disbursements and fund balances.
• The quarterly report shall include an itemized listing of portfolio investments by type, date of maturity, yield to maturity, issuer, par value, dollar amount invested, and book value.
• The quarterly report will include a statement of compliance of the portfolio with the City's investment policy or an explanation as to why the portfolio is not in compliance per California Government Code Section 53646(b)(2).
• The quarterly report shall include a statement of compliance that the investment portfolio has the ability to meet the City's expenditure requirements for the next six months, or provide and explanation as to why sufficient money shall, or may, not be available, per California Government Code Section 53646(b)(3).
The City Council are the City of Carpinteria trustee and authorized to make investment decisions on behalf of the City investing public funds subject to the prudent investment G:\Licette\STAFF\lnvestment Policy 2022.docx
Annual Review of the City's Investment Policy
October 24, 2022
standard. The Prudent Investor Standard of the California Government Code Section 53600.3 states, "when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City." The standard or prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.
Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City Investment officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk changes or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
California Government Code Section 53600.6 defines the primary objectives of a trustee investing public money. The primary objectives, in priority order, of the City's investment activities shall be:
1. Safety: Safety of principal is the foremost objective of the investment program.
Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investment funds among a variety of securities with independent returns.
2. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might reasonably be anticipated.
3. Return on Investments: The City's investment portfolio shall have the objective of attaining a comparative performance measurement or an acceptable rate of return throughout the budgetary and economic cycles. These measurements should be commensurate with the City's investment risk constraints identified in the Investment Policy and the cash flow characteristics of the portfolio.
DISCUSSION
Resolution No. 6172 is provided for the Council approval of the annual Investment Policy. No changes to the investment policy are proposed.
POLICY CONSISTENCY
The City's investment policy was last reviewed and adopted per Resolution No. 6076 on October 25, 2021. The City's annual policy review is consistent with its interest in maintaining compliance with state law and implementing best practices for public sector financial management.
G:\Licette\STAFF\lnvestment Policy 2022.docx
Annual Review of the City's Investment Policy
October 24, 2022
FINANCIAL CONSIDERATIONS
Cash Statement: At September 30, 2022, the City held cash investments as shown in the table below.
Table I
[CASH AND INVESTMENT_PORT~OLIQ:
: I
Type of Investment/Coupon/CUSIP # I Institution/Issuer
; Demand Deposit - General Checking Montecito Bank
[Demand Deposit - Premier Public Money Market ,
Demand Deposit - Section 125 Checking
1 Demand_Deposit - Payroll Checking
! Demand Deposit - Money Market
i l.ocal Agency Investment Fund
[Secu_rity Invest;nents- U.S. Treasury
. - . I
!FOOTNOTES TO REPORT/DEFINITION OF TERMS:
l (I) For all other investments, the market value is equal to book value.
Montecito Bank
Montecito Bank
Montecito Bank
Charles Schwab
State of California
Charles Schwab
Par Value 1 Market Value (l} ! Book Value (2}
I
451,581.72 451,581.72 I 451,581.72
2,696,836.33 2,696,836.33 I 2,696,836.33
8,806.46 , 8,806.46 8,806.46
4,912.96 I -
4,9Jf°§6-! 4,912.96 '
I 83,226.3 I ' 183,226.31 ' 183,226.31
6,412,742.15 I 6,412,742.15, 6,412,742.15
10,076,000.00 9,555,075.17 ' 9,931,107.98
19,834,tos.93 ! 19,313,181.10 1 19,689,213.91
- - (2) Book value of demand deposits equals the bank balance minus outstanding checks plus deposits-in-transit. . - -
Par Value: Equals face value of security (value of the security when it reaches maturity). , Market Value: The last price for which a security 'MIS bought or sold. In this case, the value as of the last day of the month of this report. 1 Book Value: The amount at which the security is carried in the City's accounting records (adjusted at year-end for GASB 40 reporting The Local Agency Investment Fund (LAIF) is a large ($29.8 billion), well diversified, professionally managed fund overseen by the State Treasurers' Office in compliance with all Federal and State laws. The City has 24-hour access to all of its deposits via electronic funds transfer. Interest is earned from day of deposit to day of withdrawal and is paid quarterly. There are about 2,385 State and local agency depositors in the fund.
It has long been the practice of the City of Carpinteria to invest excess funds in LAIF and in FDIC insured, interest bearing checking accounts. CGC section 53646 (e) allows the submission of LAI F's quarterly report in lieu of the quarterly information otherwise required. This provision minimizes staff time in preparing this quarterly information.
In addition to investments in LAIF, the City purchases U.S. Treasury Notes through Charles Schwab investors. At September 30
th the portfolio's average maturity was 2.00
years; the average coupon rate was 1.66%; the average yield to maturity was 4.17%; par value was $10,076,000 and Market Value was $9,931,107.98.
The City Investment Policy includes the "prudent investor" standard prioritizing three criteria in managing the City's portfolio of investments; namely, safety, liquidity and yield. The number one priority, safety, is achieved by making investments only in those investment vehicles permitted by the government code.
G:\Licette\STAFF\lnvestment Policy 2022.docx
Annual Review of the City's Investment Policy
October 24, 2022
LEGAL AND RISK MANAGEMENT
All quarterly reports required by law have been made in a timely manner and the investment policy includes the "prudent investor" standard also required by law.
PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown
ATTACHMENTS
A. Resolution 6172
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
~
Signature
G:\Licette\STAFF\lnvestment Policy 2022.docx
Attachment A
Resolution No. 6172
RESOLUTION NO. 6172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA,
CALIFORNIA, ACKNOWLEDGING ITS REVIEW, RECEIPT AND FILING WHEREAS, the investment policies and practices of the City are based on state law and prudent money management. All funds will be invested in accordance with the City's Investment Policy, and California Government Code Sections (CGC) 53601 and 53646;and
WHEREAS, the Administrative Services Director of the City of Carpinteria shall annually submit for review the investment policy, and any changes thereto, shall be considered by the legislative body at a public meeting; (CGC 53646(a)); and WHEREAS, the Annual Statement of Investment Policy was last reviewed and adopted per Resolution No. 6076 on October 25, 2021; and NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The investment policy, attached hereto as Exhibit 1, has been reviewed and received for filing.
PASSED, APPROVED AND ADOPTED on October 24, 2022 by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
City Clerk, City of Carpinteria
Resolution No. 6172
October 24, 2022
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 24, 2022.
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Exhibit 1
City Investment Policy
City of
CARPINJlJ!!!
CITY INVESTMENT POLICY
PURPOSE
It is the purpose of the investment policy of the City of Carpinteria (City) to invest funds in a manner which will provide the highest investment return possible consistent with maximum security while meeting daily cash flow demands and conforming to all other statutes governing the investment of City funds.
The investment policies and practices of the City are based on state law and prudent money management. All funds will be invested in accordance with the City's Investment Policy, and California Government Code Sections 53601 and 53646.
POLICY
The City shall invest public funds in such a manner as to comply with the state and local law; ensure prudent money management; provide for daily cash flow requirements; and meet the objectives of the Policy, in priority order of Safety, Liquidity and Return on Investment.
SCOPE
This investment policy applies to all investment activities and financial assets of the City.
The funds covered by this policy are accounted for and incorporated in the City's Comprehensive Annual Financial Report (CAFR) and include:
• General Fund
• Special Revenue Funds
• Debt Service Funds
• Capital Project Funds
• Fiduciary Funds
PRUDENCE
The City Council is the City of Carpinteria trustees and authorized to make investment decisions on behalf of the City investing public funds subject to the prudent investment standard. The Prudent Investor Standard of the California Government Code Section 1IPage
Last Revised: October 26, 2020; Resolution No. 6012
53600.3 states, "when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City." The standard or prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.
Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City Investment officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk changes or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
OBJECTIVES
California Government Code Section 53600.6 defines the primary objectives of a trustee investing public money. The primary objectives, in priority order, of the City's investment activities shall be:
1. Safety: Safety of principal is the foremost objective of the investment program.
Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investment funds among a variety of securities with independent returns.
2. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might reasonably be anticipated.
3. Return on Investments: The City's investment portfolio shall have the objective of attaining a comparative performance measurement or an acceptable rate of return throughout the budgetary and economic cycles. These measurements should be commensurate with the City's investment risk constraints identified in the Investment Policy and the cash flow characteristics of the portfolio.
DELEGATION OF AUTHORITY
Authority to manage the City's investment program is derived from the California Government Code Sections 53600 through 53609. Management responsibility for the investment program is hereby delegated to the City Manager or the Administrative Services Director (City Treasurer) as directed by the City Council. Under the authority granted by the City Council, no person may engage in an investment transaction covered by the terms of this policy unless directed by the City Treasurer.
Last Revised: October 26, 2020; Resolution No. 6012
21Page
ETHICS AND CONFLICTS OF INTEREST
Investment officials shall refrain from personal business activity that could conflict with the proper execution and management of the policy and the investment program, or which could impair their ability to make impartial investment decisions. The investment officials are governed by the Political Reform Act of 197 4 regarding disclosure of material financial interests.
AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
In accordance with Government Code Section 53601.5, investments shall either be purchased (1) directly from the issuer, (2) from an institution licensed by the State of California as a Broker-Dealer, as defined in Corporations Code Section 25004, provided that the institution is a primary or regional dealer qualified under federal Securities and Exchange Commission Rule 15c3-1 (uniform net capital rule), (3) from a member of a federally regulated securities exchange, (4) from a national or state-chartered bank, from a savings association or federal association, as defined by Financial Code Section 5102, or (5) from a brokerage firm designated as a primary government dealer by the Federal Reserve bank. In addition, investments shall only be purchased from entities or deposits made in qualified public depositories, as established by State law, with a physical presence in California and at least five years' experience providing similar services to other California municipalities. All financial institutions and broker/dealers who desire to conduct investment transactions with the public agency must supply the Treasurer with the following: audited financial statements and proof of FINRA Registration and Licensing.
AUTHORIZED AND SUITABLE INVESTMENTS
The City Treasurer may invest City funds in the following instruments as specified in the California Government Code, Sections 53600 et seq., and as further limited in this policy. The City is empowered by statue to invest in the following types of securities:
• Federal Deposit Insurance Corporations (FDIC) Insured Accounts. Funds required for immediate cash flow needs shall be deposited in an interest-bearing FDIC insured checking account at a bank in Carpinteria. Dollar Maximum: None; Maximum Maturity: N/A
• Local Agency Investment Fund (LAIF), of the State of California. Investments in accordance with the laws and regulations governing those funds. Dollar Maximum:
$65 million (State Statue limit); Maximum Maturity: N/A • Obligations of the U.S. Government, its agencies and instrumentalities, including U.S. Treasury notes, bonds, bills, or certificate indebtedness, or those for which the full faith and credit of the United States are pledged for the payment of principal and interest, federal agencies, mortgage-backed securities with a fixed coupon issued by an agency of the U.S. Government, government-sponsored enterprise obligations (GSE), participation, or other instruments. Dollar Maximum: None; Maximum Maturity: 5 years
31Page
Last Revised: October 26, 2020; Resolution No. 6012
• Investments not specifically authorized herein are disallowed. Additionally, California Government Code Section 53601.6 disallows the following: inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages. Futures, options, all leveraged purchases, reverse repurchases, and speculations on interest rates are specifically not allowed by this policy.
REVIEW OF INVESTMENT PORTFOLIO
The securities held by the City must be in compliance with Section Authorized and Suitable Investments at the time of purchase. Because some securities may not comply with Section Authorized and Suitable Investments subsequent to the date of purchase, the City Treasurer or designee, shall at least annually review the portfolio to identify those securities that do not comply. The City Treasurer shall establish procedures to report to the City Council and Budget/Finance Standing Committee, major and critical incidences of noncompliance identified through the review of the portfolio.
INVESTMENT POOLS/ MUTUAL FUNDS
A thorough investigation of the pool/fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed which will answer the following general questions:
• A description of eligible investments securities, and a written statement of investment policy and objectives.
• A description of interest calculations and how it is distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced, and the program audited. • A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
• A schedule for receiving statements and portfolio listings. • A description of how the pool/fund maintains reserves, retains earnings or how income after expense is distributed to participants.
• A fee schedule, and when and how it is assessed.
• The eligibility of the pool/fund to invest in bond proceeds and a description of its practices.
41Page
Last Revised: October 26, 2020; Resolution No. 6012
COLLATERALIZA TION
Collateralization will be required on certificates of deposit. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of market value for Certificates of Deposits. Collateral will always be held by an independent third party with who the City has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution is granted.
SAFEKEEPING AND CUSTODY
All security transactions entered into by the City shall be conducted on a delivery-versuspayment (DVP) basis. Securities will be held by a third-party custodian designated by the City Treasurer and evidenced by safekeeping receipts.
DIVERSIFICATION
The City shall diversify its investments to avoid incurring unreasonable risks inherent in over investing in specific instruments, individual financial institutions or maturities.
Nevertheless, the asset allocation in the portfolio should be flexible depending upon the outlook for the economy, the securities markets, and the City's anticipated cash flow needs.
MAXIMUM MATURITIES
To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than 5 years from the date of purchase. Reserve fund may be invested in securities exceeding 5 years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds.
INTERNAL CONTROLS
The City Treasurer shall establish and maintain a system of appropriate internal controls to ensure compliance with policies and procedures. The controls should be designed to prevent losses of public funds arising from fraud, error, or imprudent actions by employees and officers of the City.
PERFORMANCE STANDARDS
The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic commensurate with the investment risk constraints and the cash flow needs. The City's investment strategy is passive (buy-and-hold). Given this strategy, the City Treasurer shall determine whether market yields are being achieved by comparing the total return of the portfolio to the monthly LAIF rate and the two-year U.S. Treasury Note as useful benchmarks to measure whether or not the City's portfolio net yields are matching or surpassing the market yields. The benchmarks and investment performance will be reviewed by the Budget/Finance Standing Committee as market SI Page
Last Revised: October 26, 2020; Resolution No. 6012
conditions warrant or when the benchmarks are not met for a consecutive one-year period.
REPORTING
In accordance with California Government Code section 53607, the investment report shall be submitted to the City Council on a monthly basis by the City Treasurer. The City Treasurer shall review and render monthly and quarterly investment reports and include the following:
• The monthly report shall include an accounting of all receipts, disbursements and fund balances.
• The quarterly report shall include an itemized listing of portfolio investments by type, date of maturity, yield to maturity, issuer, par value, dollar amount invested, and book value.
• The quarterly report will include a statement of compliance of the portfolio with the City's investment policy or an explanation as to why the portfolio is not in compliance per California Government Code Section 53646(b)(2).
• The quarterly report shall include a statement of compliance that the investment portfolio has the ability to meet the City's expenditure requirements for the next six months, or provide and explanation as to why sufficient money shall, or may, not be available, per California Government Code Section 53646(b)(3).
INVESTMENT POLICY ADOPTION
The City's investment policy shall be adopted by resolution annually by the City Council.
The policy shall be reviewed annually by the City Council and any modifications to the investment policy must be approved by the City Council.
Last Revised: October 26, 2020; Resolution No. 6012
61Page
GLOSSARY
Agencies: Federal agency securities and/or Government-sponsored enterprises.
Benchmark: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio's investments.
Broker: A broker brings buyers and sellers together for commission.
Buy and Hold Strategy: Investments in which management has the positive intent and ability to hold each issue until maturity.
Certificate of Deposit: Large denomination ($100,000 or more) interest bearing time deposits, paying the holder a fixed amount of interest at maturity. Funds cannot be withdrawn before maturity without giving advance notice and without a penalty.
City Treasurer: The Administrative Services Director serves as the City Treasurer, as appointed by the City Council.
Collateralization: To secure a debt in part or in full by pledger of collateral, asset pledged as security to ensure payment or performance of an obligation. Also refers to securities pledged by a bank to secure deposits of public monies.
Comprehensive Annual Financial Report (CAFR): The official annual report of the City.
It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and detailed statistical section.
Coupon: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date.
Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.
Diversification: Dividing investment funds among a variety of securities offering independent returns.
Duration: A measure of the sensitivity of the price (the value of principal) of a fixedincome investment to a change in interest rates. Duration is expressed as a number of years. Rising interest rates means falling bond prices, while declining interest rates mean rising bond prices.
Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per entity.
Interest Rates: The annual yield earned on an investment, expressed as a percentage. 71Page
Last Revised: October 26, 2020; Resolution No. 6012
Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value.
Local Agency Investment Fund (LAIF): A voluntary investment program offering participating agencies the opportunity to participate in a major portfolio which daily invests hundreds of millions of dollars, using the investment expertise of the State Treasurer's Office investment staff at no additional cost to the taxpayer. Investments in LAIF, considered a short-term investment, is readily available for cash withdrawal daily.
Market Value: The price at which a security is trading and could presumably be purchased or sold.
Par Value: The principal amount of a note or bond which must be paid at maturity. Par, also referred to as the "face amount" of a security, is the principal value stated on the face of the security. A par bond sold at a price of 100 percent of its principal amount.
Portfolio: Collection of securities held by an investor.
Principal: The face value of par value of a debt instrument, or the amount of capital invested in a given security.
Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return.
Treasury Bills: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.
Treasury Notes: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of two to ten years.
Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
Yield: The rate of annual income return on investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. ·
Last Revised: October 26, 2020; Resolution No. 6012
81Page
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
October 24, 2022
ITEM FOR COUNCIL CONSIDERATION
Approval of a consultant services agreement between the City and Equity Praxis Group for assistance with the City's Racial, Equity and Social Justice program in a not-toexceed amount of $108,202.
STAFF RECOMMENDATION
Approve a consultant services agreement between the City and Equity Praxis Group for assistance with the City's Racial, Equity and Social Justice program in a not-to-exceed amount of $108,202.
Sample Motion: I move to authorize the City Manager to sign a consultant services agreement on behalf of the City with Equity Praxis Group for assistance with the Racial, Equity and Social Justice program in a not-to-exceed amount of $108,202. (motion requires roll call vote)
BACKGROUND
On June 8, 2020, the City of Carpinteria ("City") City Council adopted Resolution No. 5981, which committed the City to (1) collaborate with law enforcement to further community-oriented policing, build trust with the community and ensure the safety of all community members, (2) review and revise City policies to incorporate anti-racist policies into City government and ensure the equitable distribution of resources and public services, and (3) collaborate with, support, and amplify minority-owned businesses, community groups and non-profit organizations within the City and broader community (iointly referred to herein as the City's "Resolution No. 5981 Commitments").
To begin implementing its Resolution No. 5981 Commitments, on August 10, 2020, the City Council formed an ad hoc racial equity and social justice program planning committee ("Ad Hoc Planning Committee") which is tasked with (1) researching and recommending to the City Council a consultant to assist the City with implementing its Resolution No. 5981 Commitments ("Consultant"), (2) working with the Consultant to develop a process, schedule, and budget for this work, and (3) further defining the role of a subsequent committee consisting of City Councilmembers and community stakeholders ("Blue Ribbon Committee").
Equity Praxis Consultant Services Agreement
October 24, 2022
2 On September 2, 2020, the City issued a Request for Qualifications ("RFQ") seeking a Consultant to assist the City in implementation of a racial justice and social equity program consistent with the City's commitments in Resolution No. 5981 ("Racial Equity and Social Justice RFQ"). On February 22, 2021 the City Council voted to contract with Just Communities, a Santa Barbara-based group with ties to the local community, and National League of Cities Race, Equity, and Leadership ("NLC REAL"), a program of the National League of Cities.
On May 23, 2022 Just Communities notified the City that they would be unable to fulfill their contract. In response, staff sought qualified consultants to carry out the role that was to be completed by Just Communities. The Equity Praxis Group has submitted the attached proposal that meets the needs of the City for support in developing and carrying out a Racial Equity and Social Justice program.
The purpose of this agenda matter is to allow for the City Council to consider and authorize entering into a consultant services agreement with Equity Praxis Group to assist the City with its Racial Equity and Social Justice program.
DISCUSSION
Equity Praxis Group (EPG) describes itself as a mission-driven consulting practice supporting organizations, communities, and individual leaders in fostering diversity, inclusion, equity, and justice (DIEJ). Equity Praxis Group has a team of 12 consultants, researchers, and facilitators with a combined experience of over 500 years in the fields of DIEJ and Systems Change. Rene Castro and Jarrod Schwartz will be the primary team members assigned to this project.
Rene Castro, MSW, is a Senior Consultant with Equity Praxis Group and the Principal and Founder of Facilitation Corps LLC, a mission driven consulting firm whose purpose is to connect traditionally marginalized communities with the institutions designed to serve them. A community social worker, educator and advocate, Rene brings 30 years of experience in the non-profit and government sectors.
Jarrod Schwartz is the Founder and Principal Consultant of Equity Praxis Group, LLC.
Jarrod is an educator and consultant with more than 30 years of experience working with schools, nonprofit organizations, businesses, government, and communities.
Jarrod's unique approach draws upon the fields of equity and organization development to foster inclusive, multi-stakeholder processes that result in organizational, community, and social change.
Jarrod has extensive experience working with government agencies including partnering with the Government Alliance on Race and Equity (GARE) to adapt their Racial Equity Learning Year program for Ventura and Santa Barbara Counties.
Equity Praxis Group seek to meet the following objectives within an 18-21 month work schedule:
GDrive\Olivia\Racial Equity and Social Justice\10242022 EquityPraxisAgreement.docx Equity Praxis Consultant Services Agreement
October 24, 2022
3 • Identify and launch Blue Ribbon Committee;
• Build capacity around racial equity and other forms of equity through training and leadership development;
• Identify key community assets;
• Work with City of Carpinteria staff and community assets to design sustainable effort;
• Draft report on recommendations for agreement with Sheriff's Department; • Build upon local assets for a long term and sustainable effort.
POLICY CONSISTENCY
Entering into consultant services agreements as proposed will allow the City to implement Resolution No. 5981 Commitments including, establishing an ongoing Racial Equity and Social Justice program.
FINANCIAL CONSIDERATIONS
Generally, the work described in the proposed Equity Praxis Group Agreement was originally a part of an agreement with the now defunct Just Communities. The difference in cost between the Just Communities contract and the Equity Praxis Group proposal is an additional $15,306. Prior year expenditures for the Just Communities agreement is $5,600, and for NLC REAL is $21,027.
The FY 2022-23 approved budget includes an allocation of $92,100, for the two professional services consultant agreements. The City's remaining amount under the agreement with NLC REAL is $42,054, to be paid in the current fiscal year. This leaves $50,046, for the subject Equity Praxis Group Agreement.
Expenditures by Each 12-Month Consultant Services Phase Just Communities Year Equity Praxis
Project Phase/ Year 1
FY 2020-21: 33% or $18,000
FY 2021-22: 66% or $35,400
Project Phase /Year 2
FY 2021-22: 33% or $9,700
FY 2022-23: 66% or $19,676
Project Phase /Year 3
FY 2022-23: 33% or $3,340 FY 2022-23: $50,046
FY 2023-24: 66% or $6,780 FY 2023-24: $58,156
LEGAL CONSIDERATIONS
The City's boiler-plate consultant services agreement will be used, which has been developed in consultation with the City Attorney's Office.
GDrive\Olivia\Racial Equity and Social Justice\10242022 EquityPraxisAgreement.docx Equity Praxis Consultant Services Agreement
October 24, 2022
4 OPTIONS
1. Authorize the City Manager, on behalf of the City, to enter into consultant services agreements with Equity Praxis Group and allocate the related budget amount.
2. Direct staff to modify the proposed scope of work and/or renegotiate cost.
3. Decline to move forward with Racial, Equity and Social Justice Consultant services and direct staff as determined appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
Representatives from Equity Praxis Group
ATTACHMENTS
A: Equity Praxis Group Proposal to the City of Carpinteria for Diversity, Equity & Inclusion Initiative Support Services
Prepared by: Olivia Uribe-Mutal, Program Manager
(805) 755-4401, [email protected]
Staff contact: Michael Ramirez, Assistant City Manager ~k-A A<>"'1t~e,L (805) 755-4450, [email protected] <7 Signature Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
GDrive\Olivia\Racial Equity and Social Justice\10242022 EquityPraxisAgreement.docx
ATTACHMENT A
Proposal to
The City of Carpinteria
for Diversity, Equity, & Inclusion Initiative Support Services O
cQUITY
PRAXIS
G R O U P
Equity Praxis Group is pleased to submit this proposal for to enhance the City of Carpinteria's ability to launch and sustain a diversity, equity, and inclusion (DEi) initiative with the following objectives:
• Identify and launch Blue Ribbon Committee;
• Build capacity around racial equity and other forms of equity through training and leadership development;
• Identify key community assets;
• Work with City of Carpinteria staff and community assets to design sustainable effort; • Draft report on recommendations for agreement with Sheriff's Department; • Build upon local assets for a long term and sustainable effort.
SCOPE OF SERVICES
Equity Praxis Group propose a comprehensive initiative that would include:
• Community Engagement I Focus Groups: EPG will facilitate a series of focus groups/community listening sessions with key community stakeholder groups to solicit feedback about their strengths, needs, experiences, and hopes for this work in the community. All feedback will be organized into a report and presentation for the city. • Training & Development: Because the City of Carpinteria has already engaged NLC REAL to conduct training for key stakeholder groups, training will not be a significant part of this project. We have, however, built in some hours to do some follow-up discussions with those who have received training to better understand what they took from the training; what, if any, additional training they would like; and how we might expand training beyond the initial group that received it.
• Feedback & Meaning-Making: EPG will facilitate a 3-4 hour Feedback & Meaning Making Session with key City personnel. During this session, we will:
o Share the findings from the focus groups/community listening sessions and other data gathering efforts;
o Invite City personnel to share their reactions to, what they heard in the data/feedback, and what themes stand out;
o Discuss how the data should inform priorities and next steps for this effort; After the Feedback & Meaning-Making Session, EPG will draft and submit a final report containing the original report as well as all themes from the listening sessions; the priorities and next steps identified; and a set of consultant recommendations. • Project Management: EPG team member Rene Castro will serve as the Project Manager for this effort, helping to keep all partners engaged and communicating effectively, keeping the project moving forward, ensuring deadlines are met, and that all partners are fulfilling their responsibilities.
A more detailed Scope of Services with proposed timelines and budget is included at the end of this proposal as Attachment A.
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Proposed Approach
Equity Praxis Group's approach to DIEJ work is grounded in an organization and systems change process that includes 5 types of work:
Building
Awareness & a
Sense of Urgency
Building Trust,
Relationships,
& Readiness
Planned Change
Implementation
& Continuous
Improvement
1. Building Awareness & a Sense of Urgency
After an initial intake process to better understand your current state, needs, and goals, our partnership begins with a process to Build Awareness and a Sense of Urgency for DEIJ work or some aspect of organizational change. This includes developing a common language and frameworks that will allow your
organization to engage in meaningful and productive
conversations about DEIJ issues both in the world and internally.
This stage will also engage your team in a preliminary assessment of how DIEJ issues currently play out in their individual and collective work, current strengths that can be drawn upon to address these issues, and opportunities for learning and growth.
This phase will help point us in directions for the on-going work.
2. Building Trust, Relationships, and Readiness
As we develop a Sense of Awareness and Urgency, we will also attend to issues of relationship and trust within the organization.
Discussing and addressing DEIJ issues can be hard; it can be scary.
Ensuring emotional and psychological safety is a critical step to individuals and organizations being ready to have open, honest, at times difficult, and productive conversations about issues of DEIJ. That same level of trust is also vital to the collaboration necessary to address issues once they have been identified. This will include building trust within the City of Santa Barbara's employee pool and between the City and the communities it serves.
3. Leadership Development
An external consultant can help organizations identify issues and develop the capacity to address them. But in order for change efforts to be successful, the organization must develop its internal capacity to sustain the DEIJ and systems change work.
This stage will focus on helping existing formal and informal leaders develop their equity lenses and key DEIJ and change management skills. It will also allow for new leaders to emerge.
This stage of work can include workshops on specific DEIJ topics and skills as well the personal work and healing all of us need to do so we are able to "hold the space" for others and for the organization-as-a-whole to do the work.
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4. Planned Change
Developing a plan with goals, objectives, strategies, timelines, and responsibilities is a vital step in any organizational change initiative - and this stage will help our clients put together such a plan. But plans, in and of themselves, don't produce change. According to Mckinsey & Company, "70% of change programs fail to achieve their goals, largely due to employee resistance and lack of management support." Drawing upon William Bridges' Transitions Framework, this process helps organizations gain a deeper understanding of how human beings experience change and how to manage the human side of change efforts. It will also give organizational leaders (both formal and informal) concrete tools and well-tested strategies for navigating and helping others navigate the change process. Finally, it will culminate with the organization developing a Transition Plan that can be used in parallel with strategic plans and change plans in order to decrease resistance, increase buy-in, and facilitate successful change implementation.
5. Implementation and Continuous Improvement
Authentic and lasting change doesn't come from a single workshop or program. Through on-going coaching and consultation, Equity Praxis Group can support your organization in mobilizing its intellectual, time, financial, and other resources in pursuit of implementing the changes identified in the prior phases of work.
This stage is about recognizing that DEIJ work is on-going process of continuous improvement. EPG will be available for meetings with individual team members, subgroups, or to the organization-as-a-whole. This could take the form of listening sessions, serving as a sounding board, shared problem-solving, or providing training on specific issues or skills when a need is identified.
EQUITY PRAXIS GROUP, LLC OVERVIEW & QUALIFICATIONS:
Equity Praxis Group (EPG} is a mission-driven consulting practice supporting organizations, communities, and individual leaders in fostering diversity, inclusion, equity, and justice (DIEJ). EPG helps people put cutting edge DIEJ and organization development theory into practice in order to transform their organizations, communities, and, ultimately, our world.
EPG brings over 30 years of experience offering DIEJ training, coaching, strategic planning, and organizational development services to help organizations become more diverse, equitable, inclusive, and just.
Our expertise in DIEJ and systems change uniquely positions us to serve people and organizations in the education, healthcare, non-profit, government, business, and faith sectors as well as to facilitate cross-sector collaboration and innovation.
Equity Praxis Group:
• Is grounded in the latest research in areas of diversity, inclusion, equity, justice (DIEJ}, organization development, and systems change;
• Brings over 30 years of expertise in the field and is comprised of a team of practitioners who bring over 500 years of combined experience in areas such as equity and justice, organization development, systems change, leadership development, language access and justice, human development, and more;
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• Has worked across sectors with a diverse array of organizations and professionals, including for- profit, non-profit, educational, government, law enforcement, arts and culture, and healthcare;
• Has produced measurable results with existing clients, demonstrating that a well-executed DIEJ initiative can improve both individual and institutional outcomes.
Content Areas
• Diversity, Equity, Inclusion
& Justice (DIEJ)
• lntersectionality
• Implicit Bias
• Microaggressions
• Dismantling Oppression
• Racism
• Sexism
• Genderism
• Heterosexism
• Ableism
• Ageism/ Adultism
• Faith-Based Oppression
• Classism
Key Areas of Expertise
Skills
• Leadership Development
• Organization Development
• Systems Change
• Dialogue Facilitation
• Culturally Proficiency
• Conflict Management
• Managing Group Dynamics
• Intergroup Relations
• Organizational Assessment
• Strategic Planning
• Restorative Justice &
Discipline
Fields / Sectors
• Education (PreK-12)
• Education (Higher Ed.)
• Government
• Nonprofit
• Healthcare
• Law Enforcement
• Community
• Faith
• Media
• Cross-sector Collaboration
Equity Praxis Group, LLC is fully insured and can provide a certificate of insurance as needed.
Equity Praxis Group is an Equal Opportunity Employer. We believe that diversity, inclusion, equity, and justice are ethical imperatives and make strong business sense. We intentionally foster a diverse group of employees and consultants, and we work to ensure everyone is able to bring their full selves to the table and to all that they do. We do not discriminate based on race, religion, color, national origin, sex, sexual orientation, gender identity, age, veteran status, disability status, or any other applicable characteristics protected by law.
CITY OF CARPINTERIA TEAM MEMBERS:
Equity Praxis Group has a team of 12 consultants, researchers, and facilitators with a combined experience of over 500 years in the fields of DIEJ and Systems Change. While we may draw upon multiple-members of our team for the work with The City of Carpinteria, Rene Castro and Jarrod Schwartz.
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Professional Biography: Rene Castro (Role: Project Manager) Rene Castro, MSW, is a Senior Consultant with Equity Praxis Group and the Principal and Founder of Facilitation Corps LLC, a mission driven consulting firm whose purpose is to connect traditionally marginalized communities with the institutions designed to serve them. A community social worker, educator and advocate, Rene brings 30 years of experience in the non-profit and government sectors.
For the last 25 years he has served as an adjunct professor for the Schools of Social Work at California State University, Long Beach and Dominguez Hills with a special emphasis on community development, community organizing, program development and design.
Rene served as Vice President for the California Conference for Equality and Justice for 12 years. In this capacity he led training initiatives in diversity, equity and inclusion for police departments, municipal employees, educators, foundations, private businesses and non-profits. Rene is an expert facilitator and planner who is able to connect training outcomes to overall organizational development and effectiveness.
As the founding Director for Building Healthy Communities, Long Beach, a place-based effort to raise life-expectancies in Long Beach's poorest neighborhoods Rene personally took the lead to map local assets, convene multi-sectoral workgroups, build community capacity and establish the governance structure that is today known as Long Beach Forward, a progressive grassroots advocacy organization.
Rene currently serves on the board of the Economic Policy Impact Center and previously served as Co-Chair for the Mayor's Affordable Housing Task Force and Chair of Mental Health America, Los Angeles. He lives with his wife, Elizabeth Jimenez in Long Beach, California.
Rene's personal mission is to foster health equity for all Californians.
Professional Biography: Jarrod Schwartz (Role: Training Design & Facilitation Lead) Jarrod Schwartz is the Founder and Principal Consultant of Equity Praxis Group, LLC. Jarrod is an educator and consultant with more than 30 years of experience working with schools, nonprofit organizations, businesses, government, and communities. Jarrod's unique approach draws upon the fields of equity and organization development to foster inclusive, multi-stakeholder processes that result in organizational, community, and social change.
Before starting EPG, Jarrod served for almost 20 years as the founding Executive Director of Just Communities, a community-based nonprofit organization dedicated to making the Central Coast of California a more inclusive and just region. Jarrod has extensive experience working with government agencies including partnering with the Government Alliance on Race and Equity (GARE) to adapt their Racial Equity Learning Year program for Ventura and Santa Barbara Counties. He has also designed and facilitated training for several departments within the County of Santa Barbara including Behavioral Wellness, Probation, and Child Welfare Services. And he has conducted training for the Santa Barbara Police Department and facilitated trust-building dialogue between the SBPD and segments of the Santa Barbara community with whom the SBPD has historically had conflicted relationships. Jarrod also led a comprehensive effort in St. Louis, MO to dismantle racism through Proposal to The City of Carpinteria Page 5 of 10
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community capacity building, leadership development, and community dialogue in the mid and late 1990's.
Jarrod holds a Master's Degree in Organization Development from American University and the NTL Institute for Applied Behavioral Science. He is a faculty member for the Fielding Graduate University's Masters in Organization Development and Leadership. He is also a past Associate of the A.K. Rice Institute for the Study of Social Systems and served as an Adjunct Faculty Member for Antioch University. Jarrod is a past board member of the Grex Center for the Study of Authority Dynamics of Social Systems, PUEBLO, and a past Commissioner for the Santa Barbara Human Relations Commission.
His personal and professional mission is to foster social change and build community through transformative educational experiences for individuals, groups, organizations, and communities. Jarrod lives in Santa Barbara with his twin daughters, Alix Peyton & Sydney Michelle.
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Attachment A: Detailed Scope of Work & Timeline
18 - 21 Month Objectives: Re-activate the Racial Equity & Social Justice (RESJ) Ad-Hoc Committee to design a sustainable effort that clarifies City's role in building a community that recognizes and values the importance of DEi; Build upon racial justice training conducted by NLC REAL to operationalize learning into City business; Work with City staff and community assets draft report on recommendations for agreement with Sheriff's Department.
Phase Inputs Throughputs Timeline Outputs Outcomes Hours Total Tailor an overall scope of work that is responsive to the historical, EPG (Rene Castro and Jarrod Schwartz);
current and anticipated realities of the City of Carpinteria with August - October
City's leadership team reports clear
regard to diversity, equity and inclusion. Prepare a slide deck and Final Scope of Work understanding of EPG's role, timeline and 34 $ 7,050.00 City's leadership team. assist with City memo for presentation of SOW to the Mayor and 2022 deliverables.
City Council.
Draft a memo and invitation to re-activate the Racial Equity & Social Justice (RESJ) Ad-Hoc Committee comprised of City Staff and Council members to do the following: 1.) Understand the Scope of Racial Equity & Social Justice Ad-Hoc
Work and clarify the City's commitments; 2.) Gather
recommendations for organizations and individuals to include in Committee; City Manager, Assistant the community listening sessions; 3.) Monitor the deliverables and Gather names and conduct Invitees will report a clear understanding of the 9 $1,800.00 City Manager; EPG: Rene Castro, Jarrod
milestones associated with this project; 4.) Provide
formal invitations. mandates of the Committee.
Schwartz.
recommendations for broad community involvement and
ownership (block parties; community forums; et.); 5.) Assist in interpreting the community listening session data; 6.) Co-Present January 2023 the final report to the Mayor and City Council.
"' "' ill
,:l: Meeting #1: Racial Equity & Social Justice (RESJ) Ad-Hoc Members of the Racial Equity & Social Justice Committee--!.) Understand the Scope of Work and clarify the City's (RESJ) Ad-Hoc Committee will report that they commitments; 2.) Establish common language around diversity, Agenda, minutes of the Jarrod Schwartz; Rene Castro, EPG inclusion, and equity, 3.) Gather recommendations for meeting, PowerPoints, understand the scope of work of the project;
30 $6,000.00
Research Team have a common understanding of terms; and organizations and individuals to include in the community listening training curriculum feel included with regard to engagement with sessions; 4.) Gain their input on approaching the Sheriff's community and the Sheriff's department.
Department.
Design a strategy for implementation of community listening sessions with minority-owned businesses, community groups and Memo regarding community City's leadership team report satisfaction with EPG Research Team non-profit organizations within the City. Use Just Communities data February 2023 approach that builds on previous work 6 $1,050.00 and input from the RESJ Ad-Hoc Committee and other key
engagement strategy.
conducted by Just Communities and others.
informants to inform approach.
Review City's Executed Agreement with the Sheriff's department Vincent Avila and Rene Castro and
and compare to other municipal law-enforcement agreements to Increased understanding of what Michael Ramirez (Asst. City Manager) determine gaps and potential revisions. Review Quarterly reports February 2023 Initial assessment recommendations might be included in the final 12 $2,700.00 by Sheriff's Department to make recommendations that meet the report. intention of Resolution 5981.
Equity Praxis Group I www.equitypraxis.com I [email protected] I 805.364.2644 Page 7 of 10 Phase Inputs Throu ghputs, Time line Outputs Out comes Hours Total Meeting #2: Convene the Racial Equity & Social Justice (RESJ) AdHoc Committee to review the plan for engagement with the Jarrod Schwartz; Rene Castro, EPG Sheriff's Department and the plan for the rollout of the Community March 2023 20 $4,000.00 Research Team Listening Sessions. Gather input and recommendations from the Committee. Leverage the power and influence of the committee to promote shared buy-in and sustainable efforts.
Collaboration with Law Enforcement. A
Conduct 1:1 Interviews with key local Sheriff's department commitment to collaborate with law EPG: Vincent Avila and Rene Castro personnel to better understand their interpretation of Resolution April 2023 Initial assessment enforcement to further community-oriented
12 $2,850.00
5981 and discuss results of review of the Executed Agreement. policing, build trust with the community and
ensure the safety of all community members.
(See Resolution No. 5981, 5 4.)
Conduct five Community Listening Sessions with groups (TBD):
Assessment report; list of
churches, LatinX Carpinteria, LGBTQ community etc. Include potential volunteers for Increased understanding of the history and EPG Research Team
questions about the "districting; "perceptions of the local Sheriff's April - July 2023 future community activities: current community dynamics surrounding racial 55 $5,900.00 department; role of the City with regard to community building around anti-racism and other questions informed by the RESJ Adroundtables, dialogues, equity in the City.
Hoc Committee.
trainings.
Report with results of City's leadership team reports increased EPG Research Team, Rene Castro and Complete report with results of community listening sessions and community listening
understanding with regard to City's role and
Jarrod Schwartz recommendations.
August 2023 sessions and
sustainable path for moving forward with
41 $5,025.00
recommendations on role of
City moving forward community engagement.
Rene Castro, EPG Research Team, Meeting #3: Review the summary report of the community List of people that leverages Increased community buy-in across different Jarrod Schwartz, Racial Equity & Social listening sessions with the Racial Equity & Social Justice Ad-Hoc September 2023 the gifts, diversity and talent 23 $4,165.00 Justice Ad-Hoc Committee Committee. of Carpinteria.
sectors.
Jarrod Schwartz, Vincent Avila and Prepare report with initial recommendations regarding contractual Rene Castro and Michael Ramirez (Asst. agreement with Sheriff's Department and structure of monthly and June 2023 RESJ Ad-Hoc Committee will report Increased 17 $4,000.00 City Manager) quarterly reports.
Report with initial movement toward collaboration with Law recommendations regarding Enforcement. A commitment to collaborate contractual agreement with with law enforcement to further communitySheriff's Department and oriented policing, build trust with the Meeting #4: Present report with initial recommendations regarding structure of monthly and community and ensure the safety of all Vincent Avila; Jarrod Schwartz; Rene contractual agreement with Sheriff's Department and structure of October 2023 quarterly reports. community members. (See Resolution No. 6 $1,350.00 Castro and NLC REAL. monthly and quarterly reports and present to the Present results to 5981, 5 4.) the Racial Equity & Social Justice Ad-Hoc Committee.
Proposal to The City of Carpinteria Page 8 of 10
I Phase Inputs Throughputs Timeline Outputs Outcomes Hours Total City staff will report having a greater
Conduct an internal DIE audit of the City of Carpinteria that understanding of the opportunities and tasks Jarrod Schwartz, Rene Castro includes following: Review of Public policies; budgeting and April - July 2023 Internal DEi Audit ahead of them "to incorporate anti racist
65 $15,500.00
policies into City government and ensure the
allocation of resources; evaluation of policies; and staff diversity. equitable distribution of resources and public
services."
C:
Develop a long term and sustainable staff development program .. Jarrod Schwartz
that builds on the work of National League of Cities and others and Final curriculum 12 $2,900.00 ·.;; ., August 2023 Staff and other stakeholders will report that the informed by the Government Alliance on Racial Equity (GARE) 0 training is relevant and timely to their needs materials. and that they have an increased understanding
Provide additional training, coaching on such subjects as: equity and sense of urgency around issues of racial
November 2023 - equity.
Jarrod Schwartz and Rene Castro based budgeting; how to build DEi into staff reports; neighbor to February 2024 Power Points, agendas 31 $7,450.00
neighbor efforts and neighborhood leader capacity building.
C:
-~ Meeting #5: Prepare initial report on findings of the internal DIE ... Blue Ribbon Committee will report that the
audit; the staff development program; the community listening Jarrod Schwartz; NLC REAL and Blue training report's recommendations are useful in Ribbon Committee.
sessions; the recommendations for moving forward with the March 2024 Training report thinking about how to inform policies moving
20 $ 3,275.00
Sheriff's Department and present to the Racial Equity & Social forward.
Justice Ad-Hoc Committee for discussion and final revision.
Work with the Racial Equity & Social Justice Ad-Hoc Committee. to Review of Policies. A commitment to review C: Rene Castro, Jarrod Schwartz; EPG present final comprehensive report to the Mayor and City Council and revise City policies to incorporate anti racist ~ Research Team and Blue Ribbon that includes the following: DIE audit; staff development program; April 2024 policies into City government and ensure the 15 $2,715.00 ::,
Committee. the community listening session results; and recommendations for equitable distribution of resources and public "' new Sheriff's agreement. services. (See Resolution No. Sg81, S 6.) Color-code specific milestones and incorporate into a Gantt chart Color-coded specific City staff will report clarity with regard to Rene Castro and develop communications plan for social media to communicate Ongoing milestones, Gantt chart and project deliverables and will be able to make 20 $3,710.00 .i!l successes as the project moves forward. communications plan. adjustments to the timeline as needed. e
"i:
::,
E
Rene Castro
Work with the City's Public Information Officer or other E Ongoing 18 $1,860.00
0 communications personnel to regularly post efforts online. u
,,
C: Rene Castro, Jarrod Schwartz; EPG .. Present to the Mayor and City Council upon request with updates ., Research Team and Blue Ribbon Ongoing 25 $4,275.00 ~ Committee .
on the work being performed and progress.
.. .,
:!E Jarrod Schwartz; Rene Castro, PowerBi Design dashboard (Power Bi) to document and illustrate indicators Graphics friendly dashboard Indicators for racial equity progress clearly Consultant, EPG Research Team NLC of progress on diversity, equity and inclusion to stakeholders on a May-24 whose data is updated every identified and visualized on dashboard for 26 $5,115.00 REAL and Blue Ribbon Committee. regular basis. quarter, suitable for website internal and public consumption.
Proposal to The City of Carpinteria Page 9 of 10
Phase Inputs Throughputs Timeline Outputs Outcomes Hours Total ~ Engagement with Community Groups and .fl Meeting #6: Work with the Racial Equity & Social Justice Ad-Hoc "' Leaders. A commitment to collaborate with, ~ )C Jarrod Schwartz; Rene Castro, EPG Committee to discuss the potential formation of a Carpinteria ., support, and amplify minority-owned
z Research Team, Vincent Avila, NLC Racial Equity Partner Roundtable (NLC recommendation) ongoing June 2024 Plan for moving forward. 11 $ 2,275.00 ~ businesses, community groups and non-profit ~ REAL and Blue Ribbon Committee. community events, dialogues, forums, roundtables to sustain the organizations within the City and broader
~ effort.
i5 community. (See Resolution No. 5981, 5 7.)
Total Hours: 523 $96,715.00
Compensation per Contractor $ 7,737.00
Supplies $ 750.00
Travel $3,000.00
Total $ 108,202.00
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City of Carpinteria
COUNCIL AGENDA STAFF REPORT
October 24, 2022
ITEM FOR COUNCIL CONSIDERATION
Authorization for the City Manager to execute an Agreement with Policare to provide Information Technology Management Services to the City of Carpinteria for a three-year not-to-exceed amount of $311,220.00.
STAFF RECOMMENDATION
Authorize the City Manager to execute an Agreement with Policare to provide Information Technology Management Services for a three-year not-to-exceed amount of $311,220.00.
Sample Motion: I move to authorize the City Manager to execute an Agreement with Policare to provide Information Technology Management Services for a three-year term in a not-to-exceed amount of $311,220.00.
(The motion requires a roll call vote.)
DISCUSSION
On September 15, 2021, staff issued a Request for Proposal (RFP) for Information Technology Management Services. The RFP was posted on the City's website and an email was sent out to a list of IT service providers procured from surrounding municipal agencies. Staff conducted a qualifications-based selection (QBS) process as the basis of procuring professional or consulting services. QBS is a competitive, contract procurement process whereby consulting firms initially submit a proposal of its qualifications and the proposed scope of work and schedule to a procuring entity (e.g.
City) who evaluates and selects the most qualified firm, and then negotiates the consultant fee. The QBS process is consistent with the California Government Code Section 4525 et al. for procuring professional or consulting services.
Proposals were received from the following five firms in alphabetical order:
DiamondlT (Bakersfield, CA)
Maestro Technologies, Inc. (Trenton, NJ)
Policare (Oxnard, CA)
Information Technology Management Services
October 24, 2022
SaberDome, Inc. (Buellton, CA)
SDI Presence, LLC. (Chicago, IL)
Staff evaluated the proposal and determined Policare to be the highest rated firm and responsive to the RFP including demonstrating high level experience, qualifications, and favorable reference checks; and understanding of the City's needs.
Staff requested for a fee proposal from Policare. There are no City standard or regulatory criteria in negotiating fee for professional or consulting services. Negotiation is typically to agree on scope of work, personnel, and level of effort hours; and be under the initial cost estimate. The fee proposal addresses the City's needs including scope of services which is as follows:
1. Information technology management
2. Network management
3. Weekly site visits, estimated 6 hours weekly
4. Microsoft Outlook support
5. Connectivity between E-mail server and portable devices
6. Installation, repair of City's entire network infrastructure
7. After-hours calls with response time within one (1) hour
8. Development and comprehensive technology plan and policy
9. Technology development and acquisition
1 a. Improve City's technological resources
11. Updated information technology trends
12. Monthly reports to Administrative Services Director a. Employee service requests and resolution
b. Purchases made, upcoming purchase estimates
13. Regular meetings
The Policare team would include one dedicated lead technician and a server technician to provide additional support services. The fees for year one is set to a not-to-exceed amount of $56,160.00. The City will engage with Policare into a three-year agreement with an option for two subsequent fiscal years.
FINANCIAL CONSIDERATIONS
Funding for this work is included in the adopted Fiscal Year 2022-23 budget. The fees for year one is set to a not-to-exceed amount of $56,160.00. The City will engage with Policare into a three-year agreement with an option for two subsequent years. The total fees for the contract is set to a not-to-exceed amount of $311,220.00.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with the California Government Code Section 4525 et al. for procuring professional or consulting services.
Information Technology Management Services
October 24, 2022
OPTIONS
1. Authorize the City Manager to execute the agreement. (Staff recommendation)
2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A: Agreement
Staff contact:
Reviewed by: Dave Durflinger, City Manager
[email protected]; (805) 755-4400
Information Technology Management Services
October 24, 2022
THIS PAGE INTENTIONALLY LEFT BLANK
Attachment A
Agreement
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is made and effective as of the 24th of October , 2022 by and between the City of Carpinteria, a municipal corporation ("City"), and Policare, Inc. ("Consultant") ( collectively, the "Parties") at Carpinteria, California, with reference to the following facts:
A. City has determined that it is necessary and appropriate to engage a non-design professional to carry out the services described herein; and
B. Consultant has represented itself as being fully qualified and available to perform the consultant services required or necessary under this Agreement in a fully competent, professional and timely manner; and
C. City desires to contract with Consultant and Consultant is willing to perform the consultant services, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. SERVICES.
1.1 Basic Services. City hereby retains Consultant to perform the services described and set forth in the attached Exhibit A ("Basic Services"), which is incorporated by this reference as though set forth in full. Consultant hereby agrees to perform said services within the designated time frames and accepts this retention. Consultant shall complete the Basic Services according to a schedule of performance which is also set forth in Exhibit A. The Parties agree and acknowledge that time is of the essence in performance of this Agreement.
1.2 Additional Services. In addition to the Basic Services, City may elect to have Consultant perform additional services that are beyond the current scope of the Basic Services, but within the expertise of Consultant ("Additional Services"). Such Additional Services shall be mutually agreed to in advance and specified in a writing, which shall also specify the basis for the Consultant's fee for such additional services. Basic Services and Additional Services are referenced collectively as "Services."
2. PERFORMANCE.
2.1 Standard of Performance. Consultant shall faithfully, competently and diligently perform the obligations and responsibilities required by this Agreement, applying best management practices and the same standards of care utilized by persons commonly engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall not engage the assistance of 22199864.1
subcontractors for performance of the Services unless previously agreed to in writing by the City.
2.2 Labor and Materials. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the Services. Consultant shall give its attention and supervision to the fulfillment of the provisions of this Agreement by its employees and subcontractors and shall be responsible for the timely performance of the Services required by this Agreement. Consultant is an independent contractor of City. Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the City, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. Consultant is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services.
2.3 Review of Service. Consultant shall furnish City with reasonable opportunities from time to time to ascertain whether the Services of Consultant are being performed in accordance with this Agreement. All work done and materials furnished shall be subject to final review and approval by City; Consultant is not providing final approval or review, which is solely City's function and role. City review and approval of such work and Services shall not, however, relieve Consultant of any of its obligations under this Agreement.
2.4 Contract Administration. The City Manager or his/her designee shall represent the City in all matters relating to the administration of this Agreement. The City Manager or his/her designee shall have the authority to act on the City's behalf to review and approve all products submitted by Consultant and may execute all necessary documents to authorize Consultant to perform Additional Services as provided for herein. The City Manager or his/her designee shall have the authority to render decisions within guidelines established by the City Council and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. The following individual(s) will serve as the primary contact(s) for Consultant in the administration of this Agreement:
Licette Maldonado, Administrative Services Director
2.5 Representations and Warranties. Consultant represents and warrants to City that: (i) its fulfillment of its obligations and, as applicable, performance the Services under this Agreement, will not violate any applicable or breach any contracts with third parties and (ii) it has the right, power and authority to fulfill its obligations, and, as applicable perform the Services, and enter into this Agreement; (iii) the Services contemplated hereunder will be performed by adequately trained, competent personnel, in a professional manner, with such personnel having the requisite skill and expertise necessary to perform and complete the Services in accordance with industry standards and in accordance with the terms and conditions of this Agreement; and (iv) the Services and all deliverables provided hereunder will conform to the specifications agreed-to by the parties. 2 3. TERM. This Agreement shall be effective as of the date first above written and shall continue for three (3) years with an option to extend two (2) additional years, or until all Services to be provided by Consultant are completed to the satisfaction of the City, unless terminated earlier as provided for herein.
4. COMPENSATION.
4.1 Basic Services. For Basic Services, City shall pay Consultant on a time and materials basis, not to exceed amount of $311,220 as full compensation for all labor, materials, equipment, tools, transportation, and Services. This compensation shall be paid in accordance with the payment rates and schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based on the actual time spent on the tasks and the actual price of the necessary materials. In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, the City's Request For Proposal together with attachments, Consultant's proposal together with attachments.
4.2 Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Basic Services, unless such services are authorized Additional Services agreed to in advance and in writing in the method provided for herein. Consultant will submit fee estimates for such Additional Services upon request of City.
4.3 Invoices. Should City reasonably determine that Consultant has not fulfilled any services or met the timelines established in Exhibit A, City shall notify Consultant of the failure in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product or performance of Services. The City, at its discretion may provide the Consultant five (5) days to cure the breach. City may withhold the accompanying payment without penalty until such time as Consultant cures the breach. In the alternative, upon Consultant's failure to meet any deadlines the City may modify the Services schedule.
Should Consultant or its representatives fail to cure the breach within five (5) days, or fail to reasonably agree to such modified schedule, City may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Consultant.
4.4 Withholding. City reserves the right to withhold future payment to Consultant if any aspect of the Consultant's work or performance of Services is found to be substantially inadequate. City shall notify Consultant in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product or performance of Services.
4.5 Taxes/Insurance/Licenses. Consultant shall be solely responsible for the payment of any federal, state, or local income tax, social security tax, workers' compensation insurance, state disability insurance, and any other taxes or insurance which Consultant is responsible for paying as an independent contractor under federal, state or local law. At all times during the term of this Agreement, Consultant and any approved subcontractors performing Services under this Agreement shall have in full force and effect all licenses necessary for 3 the performance of Services hereunder, including without limitation, business licensing from City, all at the sole cost of Consultant.
5. RECORDS.
5 .1 Financial Records. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall also maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
5.2 Access to Records. Consultant shall (i) provide free access to the representatives of City or its designees at reasonable times to books and records as set forth in section 5.1; (ii) shall give City the right to examine and audit said books and records; (iii) shall permit City to make transcripts therefrom as necessary; and (iv) shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of four ( 4) years after receipt of final payment.
5.3 Original Records. All original agreements, data, documents, designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys, notes, and other work, materials or documents prepared or used to prepare Consultant's work product in the course of providing the Services pursuant to this Agreement shall be referred to as "Consultant Work Product". Upon completion of, or in the event of termination or suspension of this Agreement, all completed and incomplete Consultant Work Product shall become the sole property of City once the Consultant has received payment. City may duplicate, disclose, disseminate, use, reuse or otherwise dispose of Consultant Work Product in whole or in part in any manner it deems appropriate, without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at Consultant's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
Consultant may retain copies of such Consultant Work Product as a part of its record of professional activity, except for Consultant Work Product marked as "DRAFT" or "CONFIDENTIAL".
6. TERMINATION.
6.1 6.2
Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten (10) days prior written notice by the terminating party to the other party.
In the event of a termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.
Termination With Cause. Either party may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure 4 of the breaching party to correct within five (5) days of receiving such notice, based upon the occurrence of any of the following events:
• Material breach of this Agreement;
• Cessation of Consultant to be licensed, as required by applicable law; • Failure to substantially comply with any applicable federal, state or local law or regulation;
• Filing by or against Consultant of any petition under any law for the relief of debtors; and,
• Filing of a criminal complaint against Consultant for any crime, other than minor traffic offenses.
6.3 Performance Upon Termination. In the event this Agreement is terminated pursuant to this Section, City shall pay Consultant for the outstanding balance owed for work performed up to the time of termination. Upon termination of the Agreement, Consultant shall submit an invoice to City as provided for herein and shall submit to the City all of its files for any billable or non-billable matters in which the Consultant is involved under the scope of this Agreement.
6.4 Termination Upon Mutual Consent. This agreement may also be terminated by mutual consent of the parties and in accordance with the terms and conditions of any plan of termination established by the parties. In the event of a termination by mutual consent, the date of termination shall be such date as is agreed upon by the parties. The parties may agree to suspend or terminate a portion of this Agreement and such suspension or termination shall not make void or invalidate the remainder of this Agreement.
7. DISPUTE RESOLUTION. Except as explicitly provided in Exhibit C relating to claims by Consultant, if any dispute, claim or disagreement shall arise relative to the interpretation or enforcement of this Agreement, the parties shall use commercially reasonable efforts to settle the dispute, claim or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of thirty (30) days, then, upon notice by either party to the other, the dispute, claim or disagreement shall be submitted to final, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator shall have the authority to assess arbitration costs and expenses against either or both parties. The decision in the arbitration shall be binding on all parties, and judgment on any arbitration award may be entered in any court of competent jurisdiction.
8. INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in the attached Exhibit D, which is incorporated by this reference as though set forth in full.
9. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any of its officials, employees and agents ("Indemnified Parties") from and against any and all loss, liability, claims or expense, including attorney's fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in 5 part, the performance of this Agreement, including but not limited to any activities associated with carrying out the agreed to Services, by Consultant or by any individual or entity for whom Consultant is legally liable, including but not limited to, officers, agents, employees, subcontractors or consultants of Consultant.
10. RELEASE OF INFORMATION.
10.1 Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released except to the City, directly or indirectly, by Consultant without City's prior written authorization. Consultant, its officers, employees, subcontractors or sub-consultants shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement unless requested by the City Attorney or authorized in writing by the City Manager. Response to a subpoena or court order shall not' be considered "voluntary" provided that Consultant shall give City prompt written notice of any such court order or subpoena. The provisions of this Paragraph shall survive the termination of this Agreement.
10.2 Notice and Cooperation. Consultant shall promptly notify the City Manager and City Attorney in writing if Consultant, its officers, employees, agents, subcontractors or subconsultants are served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or party related to this Agreement and/or Consultant's related Services. City has no obligation to, but may exercise discretion to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide the City an opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not grant or imply a right of City to control, direct, dictate or rewrite said response.
11. RELATIONSHIP TO CITY.
11.1 Independent Contractor. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
11.2 No Employee Privileges. No City employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages or other compensation to Consultant for performing Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing Services hereunder.
6 11.3 Consultant Duty to City. Consultant understands and agrees that its responsibility to provide complete and accurate Services is owed solely to City and that its accountability under this contract shall likewise be solely to City and not to any City applicants or any other third person or entity.
11.4 Interest of Consultant. Consultant represents and warrants to City that it presently has no interests, and covenants that it shall not acquire any interests, direct or indirect, financial or otherwise, which would conflict with the performance of the services to be provided by Consultant under this Agreement. Consultant further covenants that, in the performance of this Agreement, no subcontractor or employee having such an interest shall be employed by Consultant. Consultant certifies that no one who has or will have any financial interest under this Agreement is: (a) an officer or employee of City, or (b ). an officer or employee of the applicant and any of its consultants. Consultant agrees to comply with any applicable conflict of interest code.
11.5 Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Consultant or any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.
11.6 Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Consultant and will not confer any rights upon any person not expressly a party to this Agreement.
12. GENERAL PROVISIONS.
12.1 Assignment of Rights. Contractor agrees to assign City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act arising from purchases of goods, services, or materials pursuant to this Agreement.
12.2 Further Assurances. City and Consultant each agree to cooperate with one another, to use their best efforts, to act in good faith, and to promptly perform such acts and execute such documents or instruments as are reasonably necessary and proper to consummate the transactions contemplated by this Agreement.
12.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if personally served or on the second day after mailing if mailed by first-class mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows:
To City:
Dave Durflinger, City Manager
City of Carpinteria
To Consultant:
Calvin Wong, President
Policare, Inc.
7 5775 Carpinteria Avenue
Carpinteria, CA 93013-2698
P: (805) 684-5405
P.O. Box 119
Camarillo, CA 93011
Any party may change their address for the purpose of this paragraph by giving the other party written notice of the new address in the above manner.
12.4 Legal Responsibilities. Consultant shall keep itself informed of state, federal and laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Service pursuant to this Agreement. The Consultant shall reasonably observe and comply with such laws and regulations. The City and its officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
12.5 Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses, certifications, or related credentials required by law for the performance of Services described in this Agreement. Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation.
12.6 Labor Conditions. City is a public entity in the state of California, and therefore, City and Consultant are subject to the provisions of the Government Code and the Labor Code of the state of California. All provisions of law applicable to public contracts and/or this Agreement are incorporated herein by this reference and are made a part of this Agreement to the same extent as if they were fully stated in the Agreement and shall be complied with by Consultant.
12.7 Labor Requirements. Consultant shall abide by all federal and California laws and regulations regarding wages, including, without limitation, the Fair Labor Standards Act and the California Labor Code, which, in part, mandate that 8 hours' labor constitutes a legal days' work, and require Consultant to pay the general prevailing wage rates. The California statutory provisions for penalties for failure to pay prevailing wages will be enforced and the statutory provisions for penalties for failure to comply with California's wage and hour laws will be enforced. In addition, Consultant is required to comply with the statutory requirements relating to employment of apprentices. Consultant also must secure the payment of workers' compensation to its employees as provided by California law. Consultant acknowledges its obligation to secure payment of Workers' Compensation before beginning work as set forth in the attached Exhibit E (together, "Acknowledgement of Workers' Compensation Obligation" and "Declaration of Exemption from Workers' Compensation") which is incorporated by this reference as though set forth in full.
Additionally, Consultant is required to comply with all statutory requirements relating to certified payroll records, including the maintenance of the records, their certification, and their availability for inspection.
12.8 Discrimination. No person shall be excluded from employment in the performance of this Agreement on the grounds of race, creed, color, sex, age, marital status, sexual orientation 8 or place of national origin. Consultant shall comply with all local, state, and federal laws relating to equal employment opportunity rights.
12.9 Assignment. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City, which shall have the sole discretion to consent to any proposed assignment. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.
12.10 Waiver. No waiver of a provision of this Agreement shall constitute a waiver of any other provision, whether or not similar. No waiver shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
12.11 Force Maieure. Neither Consultant nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.
12.12 Construction of Terms. All parts of this Agreement shall in all cases be construed according to their plain meaning and shall not be construed in favor or against either of the parties. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, in whole or in part, the remainder of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. In the event of any provision shall be adjudged invalid, void or unenforceable, the parties hereto agree to enter into a supplemental agreement to effectuate the intent of the parties and the purposes of this Agreement.
12.13 Controlling Law. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement, with venue proper only in the County of Santa Barbara, State of California.
12.14 Authorization. All officers and individuals executing this and other documents on behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated.
12.15 Entire Agreement. This Agreement, along with its attached exhibits, which are incorporated herein by this reference, constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement may be altered, amended or modified only by a supplemental writing executed by the parties to this Agreement and by no other means.
Each party waives any future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver or estoppel.
12.16 Counterparts. This Agreement may be executed in counterparts, each of which shall remain in full force and effect as to each party.
9 12.17 Severability. In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first written above.
"CITY"
City of Carpinteria
"CONSULTANT"
Policore, Inc.
By: _
David Durflinger, City Manager
By: _
Calvin Wong, President
APPROVED AS TO FORM:
City of Carpinteria
By: _
Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
10 EXHIBIT A
BASIC SERVICES TO BE PERFORMED
1 1
EXHIBITB
PAYMENT RATES AND SCHEDULE
12 EXHIBIT C
RESOLUTION OF CONSTRUCTION CLAIMS
The following pertains to Public Contract Code Sections 20104 through 20104.6 (Resolution of Construction Claims)
1. This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
2. This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article
7.1 ( commencing with Section l 0240) of Chapter 1 of Part 2.
3. "Public work" means "public works contract" as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California.
4. "Claim" means a separate demand by the contractor for (a) a time extension, (b) payment of money or damages arising from work clone by, or on behalf o( the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the local agency.
5. The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.
6. This article applies only to contracts entered into on or after January 1, 1991.
7. For any claim subject to this Agreement, the following requirements apply:
a. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. b. ( 1) For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. 13 (3) The City's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
c. (I) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the City shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. (3) The City's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. d. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within 15 clays of receipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. e. Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter l (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
f. This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
The following procedures are established for all civil actions filed to resolve claims subject to this article:
8. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both 14 parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
9. (a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141. l l of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(b) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(c) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
10. The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
11. The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
12. In any suit filed under Section 20104.4, the City shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
13. Pursuant to California Public Contract Code Section 7201, the City may not retain greater than five (5%) percent of contract price.
15 EXHIBITD
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements setforth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements setforth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol I (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
When applicable, Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. 16 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M Bests rating of A- or better and a minimum financial size VII General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Consultant also agrees to require all contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage ( e.g., elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consistmg of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
17 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. The City's failure to comply with reporting requirements should not affect coverage required under the Agreement.
23. The consultant's insurance is primary to that of any insurance claimed by the City.
Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
19 EXHIBITE
WORKERS' COMPENSATION REQUIREMENTS
The Consultant is required to sign and file either a statement acknowledging its obligation to secure payment of Workers' Compensation before beginning work, or a declaration confirming that as a sole proprietor consultant is exempt from Workers' Compensation Requirements.
ACKNOWLEDGEMENT OF WORKERS' COMPENSATION OBLIGATION
I, Calvin Wong, hereby acknowledge my obligation to secure payment of Workers' Compensation before beginning work.
Policore, Inc.
By: ------------
Calvin Wong, President
Dated:
20 CORRECTED 11/29/2022
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
October 24 August 8, 2022
ITEM FOR COUNCIL CONSIDERATION
Award of Contract for Electric Vehicle Charging Stations
STAFF RECOMMENDATION
1. Award the contract to EV Connect for electric vehicle charging stations in an amount of $37,950.
2. Approve budget adjustments in the Resource Conservation Program to reflect an additional expense of $37,950 and revenues of $13,500.
Sample Motion: I move to:
1. Award the contract to EV Connect for electric vehicle charging stations in an amount of $37,950.
2. Approve budget adjustments in the Resource Conservation Program to reflect an additional expense of $37,950 and revenues of $13,500.
(This motion requires a roll call vote)
BACKGROUND
Electric vehicles play an important role in California’s efforts to reach its ambitious climate and air quality goals. In 2020, the Governor issued Executive Order N-79-20, eliminating the sale of internal combustion engine vehicles by 2035. The transportation sector contributes for just over half of the greenhouse gas (GHG) emissions in Santa Barbara region alone. One of the key strategies to reducing GHG emissions and meeting Executive Order N-79-20 is encouraging the use of electric vehicles and expanding the electric vehicle (EV) charging infrastructure. With the state’s goal of having five million, zero-emission vehicles on the road by 2025, and all new vehicles being electric by 2035, the expansion of EV charging infrastructure is a statewide priority.
In 2012, the City had participated in a regional California Energy Commission program in order to procure several EV charging stations, which were maintained for three years under a manufacturer warranty. Since the end of the warranty period, the City has been Award Contract for Electric Vehicle Charging Stations
October 24, 2022
maintaining the EV charging stations with continued manufacturer technical support.
Those EV charging stations have reached the end of their design life and replacement is necessary. On August 8, 2022, the City Council approved a contract with EV Connect for EV charging stations at Parking Lot No. 1 (Ninth Street) as part of the Southern California Edison (SCE) Charge Ready incentive project.
The purpose of this agenda item is for the City Council to award a contract to EV Connect for electric vehicle charging stations in an amount of $37,950, and approve budget adjustments in the Resource Conservation Program to reflect an additional expense of $37,950 and revenues of $13,500.
DISCUSSION
The proposal by EV Connect, as shown in Attachment A, is for the removal and replacement of the EV charging stations at City Hall Parking Lot (east side) and Parking Lot No. 2 (Cactus Lane). There is one EV charging station at City Hall Parking Lot, and two EV charging stations at Parking Lot No. 2. The proposal by EV Connect includes replacing the existing charge stations with three dual-port charges, a five-year warranty for all operations and maintenance, and a five-year software subscription. EV Connect uses the EVC Network, which provides driver support, price, and access control as well as EV charging station performance and sustainability reports.
POLICY CONSISTENCY
This project is consistent with the Sustainable Community Policy (Resolution No. 5500) and the Governor’s Executive Order N-79-20.
FINANCIAL CONSIDERATIONS
The Resource Conservation Program budgeted $56,000 in the Fiscal Year 2022/23 Budget (Resource Conservation Program Account No. 104-461-5301). The recommendation is for a budget increase of $37,950 to Measure X Fund Account No. 104-461-5301 from the Measure X Fund available fund balance. The Measure X Fund Available Balance projected in the current budget for Fiscal Year 2022/23 year-end is $2,587,131.
The City reserved additional incentive funding in the amount of $13,500 under the Central Coast Community Energy’s Electrify Your Ride Program. This incentive would allow the City to remove and replace the existing EV charging stations at said locations.
The $37,950 budget increase will be partially offset by the $13,500 incentive from the Electrify Your Ride Program once the stations are installed. The recommendation is also an increase of $13,500 in revenue to Measure X Fund Account No. 104-461-4802 in order to account for the incentive.
Additionally, the City does collect some revenue to offset the cost of electricity. Many agencies provide electric vehicle charging at low or no cost to the public, and free of Award Contract for Electric Vehicle Charging Stations
October 24, 2022
charge to employees; the City currently charges a $0.30 per kilowatt hour fee for EV charging.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
As an alternative to the formal bidding procedure, the City is authorized to enter a cooperative purchasing agreement in order to access a competitive procurement process and suppliers. Sourcewell is a cooperative purchasing organization for public sector procurement that streamlines the required purchasing process. All cooperative purchasing contracts from Sourcewell are competitively solicited and publicly awarded by a government entity acting as the lead agency. Therefore, the recommendation is consistent with Section 3.32.210 (Cooperative Purchasing) of the Carpinteria Municipal Code.
OPTIONS
1. Award the contract to EV Connect for electrical vehicle charging stations in the amount of $37,950, and approve budget adjustments in the Resource Conservation Program to reflect an additional expense of $37,950 and revenues of $13,500. (Staff recommendation)
2. Decline to approve the contract and direct staff as determined appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no parties expected at this meeting.
ATTACHMENTS
Attachment A: EV Connect Proposal
Staff contact:
Erin Maker, Environmental Program Manager /s/
(805) 880-3415; [email protected] Signature
Reviewed by:
John L. Ilasin, Public Works Director /s/
(8050 880-3402; [email protected] Signature
Reviewed by:
Dave Durflinger, City Manager /s/
(805) 755-4400; [email protected] Signature
ATTACHMENT A
EV Connect Proposal
City of Carpinteria - (3) Dual Port- Proposal
Reference: 20220915-125125301
Quote created: September 15, 2022
Quote expires: October 31, 2022
Quote created by: John Gutierrez
Sales Executive
[email protected]
+1 (213) 588-1263
Products & Services
Item & Description SKU Quantity Unit Price Total
BTCPower - Level 2 - Dual
Port - Pedestal - 30A - RFID
Station Specs: (30A) white dual
port pedestal charging station, 7"
Color Monitor, RFID Reader,
Cellular Modem, QTY (2) J1772
Connector 25ft Cable Length, and
NEMA 3R Rated. This charging
station includes two-year parts only
warranty.
Product Code: EVP-2002-30-P0001
L2P-30-240-15-
001
3 $4,150.00 $11,205.00
after 10%
discount
BTCPower - Level 2 - ADA
Cable Retractor Post
Cable Retractor Post for Pedestal
Mount Stations
ECA-CR-01 6 $300.00 $1,800.00
EVC Network Cloud
Subscription - Level 2 -
Optimize - 5 Year
EV Connect's consultative electric
vehicle charging program includes
the following: Station access
control, iOS/Android mobile app
for drivers, 24/7 driver support via
the app and phone, Live station
status view on PlugShare &
Google, price & access control,
Station health reports, Station use,
6 $1,825.00 $9,855.00
after 10%
discount
for 5 years
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93110
United States
Erin Maker
Environmental Program Manager
[email protected]
805-880-3415
p
erformance, and sustainability
reports, Personal station usage and
transaction reports for drivers, In-
dashboard trouble ticket
management, Technical phone
support, Proactive station health
monitoring. Advanced platform
features such as reservations, load
management, and remote station
monitoring. Includes quarterly
detailed station review. EVC Shield Coverag
ePlan-
Level 2-Dual Port-5Year
A comprehensive parts and labor
warranty plan that covers every
operational and maintenance
aspect of the EV charging station,
guaranteeing maximum
performance and uptime. With EV
Connect as your partner, we will make your EV charging experie nce
as seamless and effortless as
possible. Includes: Hardware Parts
Coverage, Certified On-Site Labor
Coverage and Dispatch, Real Time
Performance Management, On
Site Repairs in 48-72 Hours,
Remote Troubleshooting and
Support, Remote Proactive
Monitoring, Automated Alerts to
EV Connect Support team, Routine
Network and Firmware Updates
and Station Replacement if
Needed
3$2,750.00$8,250.00
for 5 years
EVC-Level 2-Charge
StationCommissioning&On-
boarding
Remote configure of stations with
preferred pricing policies and
access controls, provide admin
access to web based EVC portal,
activate cellular data plan, set
station hours of availability and
pricing policies via EVC App, set
stations to Private or Public and
add to PlugShare network if
requested
1$395.00$0.00
after100%
discount
BTCPower-Level 2-
Shipping(perunit)
3$250.00$750.00
EVC-Turnkey Installationby
LicensedContractor
1$2,760.00$2,760.00
S
COPE INCLUDES: Job Name: 901 Cactus Lane 1) Mount and terminate (1) dual pedesta station. 2) Provide startup support with EVConnect. 3) All work to comply with DIR prevailing wage scale. 4) All work to be done during normal working hours M-F 7am- 3:30pm EXCLUSIONS: 1) Patch, Paint 2) Permits, Fees, Bonds 3) Charging stations to be provided by EV Connect 4) System Programming 5) Wire Pulling 6) Concrete Pad EVC - Turnkey Installation b y
LicensedContractor
SCOPE INCLUDES: Job Name: 5775 Carpenteria Ave 1) Remove (2) existing charging stations. 2) Replace with (2) BTC 30A dual pedestals. 3) Provide startup support with EVConnect. 4) All work to comply with DIR prevailing wage scale. 5) All work to be done during normal working hours M-F 7am- 3:30pm EXCLUSIONS: 1) Patch, Paint 2) Permits, Fees, Bonds 3) Charging stations to be provided by EV Connect 4) System Programming 5) Wire Pulling 6) Concrete Work 1$3,330.00$3,330.00
Subtotals
One-timesubtotal $37,950.00
after$2,735.00 discount
Total $37,950.00
Purchase Terms
Current Terms & Conditions can be found at:
https://www.evconnect.com/legal/#terms
Taxes will be calculated at billing when applicable
25% of one-time cost is billed at execution
75% of one-time cost is billed at shipment
All remaining items billed at project commissioning
Purchasing Terms Subject to Change based on Program Requirements.
EVC reserves the right to update shipping pricing and transit commitments as supply chain and market conditions change.
Signature
Signature Date
Printed name
Questions? Contact me
John Gutierrez
Sales Executive
[email protected]
+1 (213) 588-1263
EV Connect
615 North Nash Street, Suite 203
El Segundo, CA 90245
US
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
October 24, 2022
ITEM FOR COUNCIL CONSIDERATION
Request of the Carpinteria-Summerland Fire Protection District for the City Council to provide comment regarding the District's Draft Ordinance adopting the 2022 California Fire Code pursuant to California Health and Safety Code §13869.?(b).
STAFF RECOMMENDATION
Receive the presentation and public testimony regarding the District's Draft Ordinance adopting the 2022 California Fire Code, and provide direction to City staff, as determined appropriate, for the preparation of written comment pursuant to California Health and Safety Code §13869.?(b).
Sample Motion: I move to authorize staff to provide the Carpinteria-Summerland Fire Protection District written comments concerning the District's Draft Ordinance adopting the 2022 California Fire Code, as discussed at this meeting.
BACKGROUND
On September 29, 2022, Fire Marshall Michael LoMonaco of the CarpinteriaSummerland Fire Protection District (District) provided the City with the District's Draft Ordinance adopting the 2022 California Fire Code (Ordinance). The Ordinance, (Attachment A), is being provided for the Council's consideration and comment prior to the District's adoption. The District approved the Ordinance on first reading on October 5, 2022, and is scheduled to hold the second reading and consider adoption on November 2, 2022.
Upon adoption by the District, the Ordinance will be transmitted to the City for a formal Council determination to ratify, modify, or deny. The City's determination must then be transmitted to the District within 15 days (Health and Safety Code section 13869.?(c)).
In addition to adopting the updated 2022 California Fire Code, the Ordinance reflects the District's proposal to include a local modification of the Code that would require retrofitting a residential structure with a fire sprinkler system where the total square footage of a remodel is 50% or greater of the structure area. This is a change from the Carpinteria-Summerland Fire Protection District
Draft 2022 Ordinance
October 24, 2022
baseline Code that triggers the requirement to retrofit a residence with fire sprinklers where the square footage of a remodel is 75% or greater. This is the second time the District has proposed this modification to the City. Most recently, in 2017, after the Council rejected the proposal, the District removed it and the City Council ratified the updated Fire Code with the baseline 75% threshold.
On August 22
nd of this year the District presented the Ordinance to the Public Safety Standing Committee. The purpose of this agenda matter is to allow the Council to receive a presentation on the Draft Ordinance adopting the 2022 California Fire Code and, as determined appropriate, direct staff concerning City comments to be provided in a letter to the District.
DISCUSSION
The State updates the California Fire Code every few years and the District and the City are required to act cooperatively in order to adopt the update for local implementation.
As a part of that cooperative process, the District has provided a Draft Ordinance for the City's consideration prior to adoption by the District. This allows the City to consider the Ordinance and provide comment to the District at an early stage and prior to the mandatory 90 day review/comment period after the Ordinance is adopted by the District.
The Draft Ordinance adopts by reference and amends the 2022 California Fire Code, including its Appendix Chapters and Appendix Standards. The Ordinance functions, in part, to do the following:
• Prescribe regulations governing conditions hazardous to life and property from fire, hazardous materials or explosions;
• Adopts by reference the Carpinteria-Summerland Fire Protection District development standards;
• Provides for the issuance of permits for hazardous uses or operations; • Establishes a Bureau of Fire Prevention and Providing Officers therefore and defines their powers and duties within the District;
• Amends Section R313 of the 2022 California Residential Code and Repeals the District's Ordinance No. 2020-01.
Section 903.2.22 of the Draft Ordinance addresses Automatic Fire Sprinkler Systems. It is noted in this Section that 903.2.22 applies to all occupancies within the District's jurisdiction except for townhouses and one- and two-family dwellings, which are governed by the California Residential Code as amended by the District.
G:\Users\CDD\Project Files\2017 (1850- present)\1861 Building Code & Fire Code Update\2017 Fire District Ordinance Documents\CC SR Fire Code Update, 4.10. 27 2017.docx Carpinteria-Summerland Fire Protection District
Draft 2022 Ordinance
October 24, 2022
The District has also communicated that the 50% total square footage remodel threshold is used in the neighboring jurisdictions of Montecito, City of Santa Barbara, County of Santa Barbara and County of Ventura. A full Summary of Changes prepared by the District is included as Attachment B.
As identified above, the Draft Ordinance amends portions of the 2022 California Residential Code. Should the District's draft Ordinance be modified to include the new 50% threshold, the City is not required to take action on any of its Ordinances or Codes to effectuate this provision. However, the City would need to amend the 2022 California Residential Code to align with any Fire Code amendment for the City's upcoming code cycle adoption, which is planned in the first quarter of the coming year.
SPECIAL FINDINGS TO ADOPT AND RATIFY THE ORDINANCE
Section 8 of the Draft Ordinance includes the District's findings that the Code amendments are reasonably necessary due to local climatic, geological, and topographical conditions existing in the District. The majority of these findings concern the high fire danger areas of the County, although the more densely populated areas of the City are also referenced .. The City Council's ratification of the District's adopted Ordinance includes a ratification of these findings. ·
FINANCIAL CONSIDERATIONS
Reducing the threshold to install whole house fire sprinklers down to the 50% total square footage remodel would result in increased cost for these residential remodels.
Costs to retrofit a 2,000 square foot home that has a 50% remodel are estimated to range from $9,000 to $14,000.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
This process for Ordinance adoption when there's Special District and City jurisdiction overlapping is governed by several state laws including Government Code sections 25131, 50022.3 & 6066, and Health and Safety Code section 13869.?(b) & 17958.?(a) (see Attachment C).
OPTIONS
1. Direct staff to provide the District written comments as discussed at the meeting. (Staff Recommendation).
2. Decline to comment at this time.
PRINCIPAL PARTIES EXPECTED AT MEETING
Fire Marshal Michael LoMonaco, CSFPD
G:\Users\CDD\Project Files\2017 (1850- present)\1861 Building Code & Fire Code Update\2017 Fire District Ordinance Documents\CC SR Fire Code Update, 4.10. 27 2017.docx Carpinteria-Summerland Fire Protection District
Draft 2022 Ordinance
October 24, 2022
ATTACHMENTS
Attachment A
Attachment B
Attachment C
District's DRAFT 2022 Ordinance
2022 Fire Code Adoption Summary of Changes
Governing Laws for Adoption and Ratification
Staff contact: Steve Goggia, COD Director
(805) 755-4414, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Signature
G:\Users\CDD\Project Files\2017 (1850- present)\1861 Building Code & Fire Code Update\2017 Fire District Ordinance Documents\CC SR Fire Code Update, 4.10. 27 2017.docx Attachment A
DRAFT ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE GOVERNING BOARD OF THE CARPINTERIASUMMERLAND FIRE PROTECTION DISTRICT ADOPTING BY REFERENCE AND AMENDING THE 2022 CALIFORNIA FIRE CODE AND APPENDIX CHAPTERS AND
APPENDIX STANDARDS PRESCRIBING REGULATIONS GOVERNING
CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION; ADOPTING BY REFERENCE THE CARPINTERIASUMMERLAND FIRE PROTECTION DISTRICT DEVELOPMENT STANDARDS;
PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; ESTABLISHING A BUREAU OF FIRE PREVENTION AND
PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES WITHIN THE DISTRICT; AMENDING SECTION R313 OF THE 2022 CALIFORNIA RESIDENTIAL CODE AND REPEALING ORDINANCE NO. 2020-01.
WHEREAS, the Carpinteria-Summerland Fire Protection District operates under the provisions of California's Fire Protection District Law of 1987, wherein the State Legislature declared that the local provision of fire protection services, rescue services, emergency medical services, hazardous material emergency response services and other services relating to the protection of lives and property is critical to the public peace, health and safety of the State of California and that local control over the types, levels and availability of these services is a longstanding tradition in California; and WHEREAS, the State Legislature has also declared that its intent is to provide broad statutory authority for local fire protection districts, encouraging local officials to adopt powers and procedures set forth in the Fire Protection District Law of 1987 to meet their own circumstances and responsibilities; and
WHEREAS, Health and Safety Code Section 13869.7 expressly authorizes the CarpinteriaSummerland Fire Protection District to adopt building standards relating to fire and panic safety that are more stringent than those building standards contained in the California Fire Code.
NOW, THEREFORE, the Governing Board of the Carpinteria-Summerland Fire Protection District ordains as follows:
Section 1. Repeal of Previous Ordinances.
Ordinance No. 2020-01 of the Carpinteria-Summerland Fire Protection District is hereby repealed.
Section 2. Adoption of California Fire Code.
There is hereby adopted by the Board of Directors ("Board") of the CarpinteriaSummerland Fire Protection District ("District"), by reference and incorporation, for the purpose of prescribing regulations governing conditions dangerous to life and property from fire, hazardous materials or explosion, the 2021 International Fire Code and amendments in the 2022 California 1 Fire Code ("CFC"), and the Carpinteria-Summerland Fire Protection District Development Standards ("Development Standards"), hereinafter collectively known as the Fire Code of the Carpinteria-Summerland Fire Protection District ("Code"). Adoption of the CFC includes Appendix Chapter 4 and Appendices B, BB, C, CC, E, F, G, H, K, N and O published by the International Code Council, Inc. including necessary California amendments, save and except such portions as are hereinafter amended, deleted, or added by this Ordinance. In the event of an inconsistency or conflict between the provisions and standards set forth in the Code and this Ordinance, the more restrictive provisions shall apply. The Development Standards are intended to establish regulations governing conditions dangerous to life and property from fire, and to supplement the District's adoption of and amendments to the CFC and the California Residential Code herein. Copies of the CFC and the Development Standards, certified to be true copies by the Clerk of the Board have been and are now filed in the office of the Clerk of the Board and the same are hereby adopted and incorporated as fully as if set out at length herein. From the date on which this Ordinance shall take effect, the provision thereof shall be controlling within the limits of the territory of the District.
Section 3. Amendments to the California Fire Code.
The California Fire Code is amended and changed in the following respects:
I. Chapter 1, SCOPE AND ADMINISTRATION:
(a) Section 101.1, Title, is amended to read as follows:
"These regulations shall be known as the Fire Code of the Carpinteria-Summerland Fire Protection District, hereinafter referred to as the 'Code'."
(b) Section 103.1, General, is amended to read as follows:
"The Code shall be enforced by the Fire Prevention Bureau of the Carpinteria-Summerland Fire Protection District which is hereby established and which shall be operated under the supervision of the Fire Code Official."
(c) Section 103.3, Deputies, is amended to read as follows:
"The Fire Code Official may recommend to the Board the employment of technical inspectors, who shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the District at the discretion of the Fire Code Official."
(d) Section 104.3, Right of Entry, is amended to read as follows:
"Whenever it is necessary to make an inspection to enforce the provisions of this Code, or whenever the Fire Code Official has reasonable cause to believe that there exists in a building or upon any premises any conditions or violations of this Code which make the building or premises unsafe, dangerous or hazardous, the Fire Code Official shall have the authority to enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the Fire Code Official by this Code. If such building or premises is occupied, the Fire Code Official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the Fire Code Official shall first make a reasonable effort to locate the owner or other person having charge 2 or control of the building or premises and request entry. If entry is refused, the Fire Code Official has recourse to every remedy provided by law to secure entry." (e) Section 104.11, Fire Investigations, is amended to read as follows:
"The District is authorized to promptly investigate the origin, cause, and circumstances of each and every fire, explosion, unauthorized release of hazardous materials, or any other hazardous condition within the jurisdiction of the District. If it appears to the Fire Prevention Bureau that such fire is suspicious in origin, it is authorized to take immediate charge of all physical evidence relating to the cause of fire and to pursue investigation to its conclusion." (f) Section 104.12.4, Financial responsibility, is hereby added as follows:
"Any person who personally, or through another, willfully, negligently, or in violation of law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by him/her to escape from his/her control, allows any hazardous material to be handled, stored, disposed of or transported in a manner not in accordance with this Code, State law or nationally recognized standards, allows any hazardous material to escape from his/her control, or allows continuation of a violation of this Code shall be liable to the District for the expense of fighting the fire and for the expenses incurred during a hazardous materials incident."
(g) Section 111, Means of Appeals, is deleted.
(h) Section 112.5, Buildings or Property Damaged by Fire, is added to read as follows:
"The owner, occupant or other person having under his or her control any property or materials damaged by fire shall secure the property either by boarding up all openings, fencing, barricading or other appropriate measures as directed by the Fire Code Official. Such damaged property shall be secured within 48 hours or as specified by the Fire Code Official. Within 30 days of the date written notice to do so has been served, all debris and/or damaged materials shall be removed from the property or proof furnished that contract arrangements have been made assuring the removal of debris, demolition, replacement or repair of all fire damaged structures remaining on the property involved in fire within a period of time acceptable to the Fire Code Official." II. Chapter 2, DEFINITIONS. The following terms in the Code shall be defined as follows:
(a) '" Chief of police' shall mean the Sheriff of the County of Santa Barbara or his or her designee.
(b) '"City' shall mean the City of Carpinteria."
(c) "'County' shall mean the County of Santa Barbara."
(d) '"Fire Code Official' shall mean the Fire Chief or designee." (e) "'Jurisdiction' shall mean the territory of the District." (f) "'Mixed-use building' shall mean any building or structure that includes both residential dwelling unit(s) and non-residential unit(s)." (g) "'Police officer' shall mean Sheriffs deputy."
III. Chapter 3, GENERAL REQUIREMENTS.
3 (a) Section 308.1.4, Open-flame cooking devices, is deleted in its entirety.
IV. Chapter 5, FIRE SERVICE FEATURES.
(a) Section 503 .1, Where required, is amended to read as follows:
"Fire Apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.4, California Code of Regulations Title 14, and the most current version of the District's Private Road and Driveway Standards."
(b) Section 503.1.1, Buildings and facilities, Exception 1.3 is deleted. (c) Section 503 .1.4, Access road design, is added to read as follows:
"The Fire Code Official may evaluate access road design in terms of total response efficiency. The Fire Code Official is authorized to make modifications to access road network design, access road routes and inter-connectivity with new or existing roads so that response efficiency is maintained, consistent with California Code of Regulations Title 14, and the most current version of the District's Development Standards."
(d) Section 503 .6.1, Gate location and width, is added to read as follows:
"For any structure or area that is secured by a gate limiting access by vehicles, the opening for such gate shall be two feet wider than the minimum required access road width. In addition, all such gates shall be located at least 30 feet from the improved public road right-of-way and shall open inward allowing a vehicle to stop in front of the gate without obstructing traffic along the improved public road right-of-way, consistent with California Code of Regulations Title 14, and the most current version of the District's Development Standards." (e) Section 505.1, Address identification, is amended to read as follows:
"Approved address numbers and letters must be placed on all new and existing buildings and units in such a location as to be plainly visible and legible from the street or road fronting such buildings and units. Numbers and letters must be at least four ( 4) inches in height for residential, six ( 6) inches in height for commercial, and twelve (12) inches in height for industrial buildings and units and may not be located on doors or other areas that can be obstructed from view. The numbers and letters must be in a color that contrasts with their background and must be in the City's and County's approved numbering sequence. Residential, commercial and industrial buildings and units that are served by an alley or fire apparatus access road must also have approved address numbers and letters posted in a visible location near the primary door to the alley or fire apparatus access road. Address identification shall be maintained." (f) Section 505.1.1, Signage for complexes, is added to read as follows:
"Complexes with large building(s) may be required to provide directories, premise maps and directional signs. The scale, design and location(s) shall be approved by the Fire Code Official." (g) Section 505.1.2, Mixed-use building, is added to read as follows:
"A notification system, which indicates the presence ofresidential dwelling units, shall be installed in a manner and location approved by the Fire Code Official." 4 (h) Section 505.1.3, Address Modifications, is added to read as follows:
"When deemed necessary by the Fire Chief, to provide for fire and life safety, an address assignment shall be modified."
(i) Section 506.1, Where required, is amended to read as follows:
"When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life saving or firefighting purposes, the Fire Code Official is authorized to require a key box or switch to be installed in an approved, accessible location. The key box or switch shall be of an approved type. The key box shall contain keys to gain necessary access as required by the Fire Code Official. Key switches installed for the purpose of overriding gate operators shall be wired such that gates remain open upon activation by the District." G) Section 510.4.2.9, Building conduit and pathway survivability, 1s added to read as follows:
"All new non-residential buildings shall be constructed with not less than a two inch (2") dedicated conduit raceway or other method approved by the fire code official for future expandability, or the installation of an Emergency Responder Radio Coverage System. The raceway shall meet pathway survivability requirements in NFP A 1221 and shall be installed from the lowest floor level to the roof."
(k) Section 510.4.2.9.1, Identification, is added to read as follows:
"The raceway and junction boxes shall be labeled "Emergency Responder Radio Coverage System use only."
V. Chapter 9, FIRE PROTECTION SYSTEMS
(a) Section 901.4.8, Partial fire sprinkler systems, is added to read as follows:
"Where in this Code or the California Building Code a partial fire sprinkler system is required, the fire sprinkler system must be installed, modified or extended to protect the entire building or structure."
(b) Section 901.11, Problematic systems, is added to read as follows:
"In the event of a failure of a fire protection system or 2 or more alarms in a week where the Fire Code Official finds no evidence of a situation requiring a response, the Fire Code Official is authorized to require the building owner or occupant to provide a fire watch until the system is repaired. Fire watch personnel must be provided with at least one approved means for notification of the District and their only duty is to perform constant patrols of the protected premises and keep watch for fires."
(c) Section 903.2, Where required, is amended to read as follows:
"Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in sections 903.2.1 through 903.2.21. Approved automatic sprinkler systems 5 in existing buildings and structures shall be provided in the locations described by section 903 .2.22 and section 1103 .5 as amended."
(d) Section 903 .2.18, Group U private garages and carports accessory to Group R-3 occupancies. Exception, is amended to read as follows:
"An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and/or garages that do not have an automatic residential fire sprinkler system installed in accordance with this section. NOTE: This exception shall not apply if the alteration or addition includes modification such that a habitable space is created." (e) Section 903.2.22, Automatic Fire Sprinkler Systems, is added to read as follows:
"This section shall apply to all occupancies within the District's jurisdiction except for townhouses and one- and two-family dwellings, which occupancies are governed by the California Residential Code as amended by the District. If any part of this Section is in conflict with any other part, the more restrictive provision shall govern.
Section 903 .2.22.1, Locations Required.
Automatic fire sprinkler systems shall be installed in new and existing buildings and structures as follows:
1. New Buildings or Structures. New buildings or new structures (including prefabricated or relocated structures) for which application for building permits are filed or required to be filed with the County or City regardless of square footage.
2. Existing Buildings or Structures.
(i) Aggregate alterations, modifications, remodels and/or additions of 500 square feet or more, or 50% of existing legal square footage, to existing non-residential buildings or structures for which applications for building permits are filed or required to be filed with the County or City shall require the installation of an automatic fire sprinkler system throughout the entire non-residential building or structure. Square footage shall be measured cumulatively.
(ii) Aggregate alterations, modifications, remodels and/or additions of 1,000 square feet or more, or 50% of existing legal square footage, to existing residential buildings or structures ( excluding townhouses and one- and two-family dwellings governed by the California Residential Code) for which applications for building permits are filed or required to be filed with the County or City shall require the installation of an automatic fire sprinkler system throughout the entire residential building or structure.
Square footage shall be measured cumulatively.
(iii) The installation of an automatic fire sprinkler system throughout the entire building or structure shall be required for any additions or modification to an existing building or structure which is not served by water supplies meeting Fire District Standards and for which an application for a building permit is filed or required to be filed with the County or City. 6 (iv) The installation of an automatic fire sprinkler system throughout the entire building or structure shall be required for any change of occupancy classification in an existing building or structure.
3. Cumulative Square Footage. For purposes of measuring cumulative square footage, the District shall include all additions or modifications occurring on or after January 1, 2011.
Exceptions:
1. Section 903.2.22 shall not apply to any greenhouses, as defined in the California Building Code, which would otherwise be included within the requirements of this section, provided that, whenever there is any change in the use or occupancy of such building so that it no longer meets the definition of a greenhouse, the building must have a sprinkler system installed prior to making such change of use or occupancy in all areas of the building which would have been required to have sprinklers.
2. Other detached Group U buildings, as defined by the California Building Code, may be exempted from Section 903.2.22 on a case-by- case basis in writing by the Fire Code Official (subject to the same occupancy change conditions as noted in "Exception l" above).
3. Buildings classified as Group S-2, as defined by the California Building Code, may be exempted from Section 903.2.22 on a case-by- case basis in writing by the Fire Code Official in accordance with Sections 1.11.2.5 and 104.9 of the Code (subject to the same occupancy change conditions as noted in "Exception l" above).
Section 903 .2.22.2, Floor area computation. The total floor area of such buildings or structures shall be within the outside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. For all occupancies other than Group R, Division 3 the floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof, floor above or awning. The gross floor area shall not include shafts with no openings or interior courts.
Section 903.2.22.3, Plan approval. No automatic sprinkler system required by this section shall be installed without prior approval, by the Fire Code Official, of the plans for the installation, testing and maintenance of the system."
(f) Section 907.2.30, Mixed-use buildings, is added to read as follows:
"Where residential occupancies are combined with commercial occupancies, a monitored fire alarm system shall be installed which notifies all occupants in the event of a fire. The system shall include automatic smoke detection throughout the commercial and common areas." 7 (g) Section 907.2.31 Carbon Dioxide, is added to read as follows:
"A gas detection system shall be provided in rooms or indoor areas in which the carbon dioxide enrichment process is located, in rooms or indoor areas in which container systems are located, and in other areas where carbon dioxide is expected to accumulate. This is required for new and existing system with over 100 lbs of CO2."
(h) Section 907.8.5, Annual Fire Alarm Maintenance, Inspection and Testing, is added to read as follows:
"Fire alarm systems must be certified by a fire alarm contractor holding a C-10 ( electrical) and C7 (low voltage) state contractor licenses and have service personnel that meet the qualification requirements of NFPA 72. Every owner of a fire alarm system subject to this subsection must provide the District with certification issued by said licensed fire alarm testing agency verifying that all components of the fire alarm systems are operative and have been tested according to National Fire Protection Association standards. Fire alarm systems shall be serviced whenever:
1. A false alarm occurs for an unknown reason or reasons;
2. The fire alarm is activated by fire;
3. The system is in "trouble" condition"
VI. Chapter 11, CONSTRUCTION REQUIREMENTS FOR EXISTING
BUILDINGS
(a) Section 1103.5, Sprinkler Systems, is amended to read as follows:
"An automatic sprinkler system shall be provided in existing buildings in accordance with Sections 1103.5.1 through 1103.5.5 and in accordance with the provisions of Section 903.2" VII. Chapter 12, ENERGY SYSTEMS.
( a) Section 1203.1.3 .1, Signage for Electrical generators, wind generators or other power sources, is added to read as follows:
"All permanent installations of electrical generators, wind generators or other power sources shall be approved by the Fire Code Official. All provisions of the National Electrical Code, the Uniform Fuel Gas Code, the California Building Code and this Code shall be followed for any such installation. Permanent engraved and affixed signage, red in color, reading 'Caution - Alternate Power Source' in 1" tall letters shall be permanently installed on each electrical panel subject to back-feed from alternate power sources. Any and all power disabling switches shall be clearly labeled."
(b) Section 1205 .2.1.2, Set Backs at Ridge, is amended as follows:
"Panels/modules installed on the roofs of residential buildings shall be located only on one side of any ridge in order to allow for District smoke and heat ventilation operations. The panel/module(s) shall be located no less than 3 feet from the ridge.
Exceptions: Where photovoltaic arrays are placed on both sides of any ridge, the photovoltaic arrays shall be spaced a minimum of 5 feet on one side and 3 feet on the other side of the ridge." 8 ( c) Section 1205 .2.1.4, Flat and Alternative Roofs, is added to read as follows:
"Panels and modules shall be located in a manner that provides a minimum 3-foot-wide (968mm) clear perimeter around the edges of the roof. The panels and modules shall be installed in a way that smoke ventilation areas are created over common hallways and corridors to the approval of Fire Code Official."
(d) Section 1205.3.5, Flat and Alternative Roofs, is added to read as follows:
"Panels and modules on R-1 and R-2 occupancies shall be located in a manner that provides a minimum 3-foot-wide (968mm) clear perimeter around the edges of the roof. The panels and modules shall be installed in a way that smoke ventilation areas are created over common hallways and corridors to the approval of Fire Code Official."
VIII. Chapter 28, LUMBERYARDS AND WOODWORKING FACILITIES (a) Sections 2807.5 and 2808.10, Emergency plan, are amended to read as follows:
"The owner or operator shall develop a Fire Protection Plan (FPP) for monitoring, controlling, and extinguishing spot fires and submit the plan to the Fire Code Official for review and approval. The FPP shall include the following:
(i) Scaled and dimensioned site plan indicating property lines, buildings, access roads, fire hydrants, location of piles, and push out area.
(ii) Available fire flow (if from water purveyor) or location and size of water tank (if stored water).
(iii) Monitoring procedures for pile temperature and moisture content. (iv) Fire suppression methods, methods to reduce fire within piles and on-site equipment and resources available for fire suppression. (v) Methods to control contaminants and contaminant storage. (vi) Disposal procedures for contaminants
(vii) Employee training
( viii) Thresholds for calling 911."
IX. Chapter 49, REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS.
(a) Section 4902.1, General, is amended by adding the following definition:
"HIGH FIRE HAZARD AREA is an area of the County of Santa Barbara designated by the Building Official as having a high propensity for wildfire due to the existence of excessive wild brush fuel, lack of adequate water for fire suppression, or lack of adequate access to firefighting equipment and is shown on a map entitled "High Fire Hazard Area Map" on file in the County of Santa Barbara Building and Safety Division of the Planning and Development Department. This area is to be considered a Wildland-Urban Interface Area." (b) Section 4907 .1, Defensible Space. General, 1s amended to add the following:
9 "Buildings and structures within the High Fire Hazard Area shall maintain defensible space as outlined in Government Code 51175-51189 and any local ordinance or standard of the authority having jurisdiction."
(b) Section 4907.3, Requirements, is amended by adding the following:
"5. Public Resources Code section 4290 et seq."
(c) Section 4907.4, Correction of Condition, is added to read as follows:
"The Fire Code Official is authorized to give notice to the owner of the property on which conditions regulated by Section 4907.1 exist to correct such conditions. If the owner fails to correct such conditions, the legislative body of the jurisdiction is authorized to cause the same to be done and make the expense of such correction a lien on the property where such conditions exist." (d) Section 4907.5, Clearance of Brush or Vegetative Growth from Roadways, is added to read as follows:
"The Fire Code Official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways, streets, and private roads and/or driveways which are improved, designed or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. Portions of trees that extend into roadways shall be cleared to provide 13 feet 6 inches of overhead clearance. The Fire Code Official is authorized to enter upon private property to do so.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire."
(e) Section 4907.6, Dumping, is added to read as follows:
"Garbage, cans, bottles, papers, ashes, refuse, trash, rubbish or combustible waste material shall not be placed, deposited or dumped in or upon hazardous fire areas or in, upon or along trails, roadways or highways in hazardous fire areas.
Exception: Approved public and private dumping areas."
(f) Section 4907.7, Clearance of Brush or Vegetative Growth from Structures, is added to read as follows:
"4907.7.1 General. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, shall at all times:
1. Maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas within 30 feet (9144 mm) of such buildings or structures;
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.
2. Maintain additional fire protection or firebreak by reducing the continuity of brush, flammable vegetation and combustible growth 10 located from 30 feet to 100 feet (9144 mm to 30,480 mm) from such buildings or structures.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures and less than 18 inches ( 457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees which extend within 10 feet (3048 mm) of the outlet of a chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth.
4907.7.2 Additional defensible space. This section shall apply to property:
1. With slopes exceeding 25%; and
2. Covered with old age class chaparral, dense vegetation or other conditions dangerous to firefighters; and
3. Improved with a building or structure.
4907.7.2.1 For those properties upon which the above conditions are present, and the Fire Code Official determines that a one-hundred-foot zone around the building or structure is not sufficient, then the Fire Code Official may require a defensible space protection zone consisting of the reduction of combustible growth and flammable vegetation for a distance up to two hundred feet around the building or structure."
(g) Section 4907.8, Fire Hazard Determination, is added to read as follows:
"Cut or uncut weeds, grass, vines, dead trees, and other vegetation shall be removed when determined by the Fire Code Official to be a fire hazard. Section 4906 and Health and Safety Code section 13879 shall be utilized by the Fire Code Official to effect abatement." (h) Section 4907.9, Unusual Circumstances, is added to read as follows:
"If the Fire Code Official determines that difficult terrain, danger of erosion or other unusual circumstances make strict compliance with the clearance of vegetation provisions of Section 4907 undesirable or impractical, enforcement thereof may be suspended and reasonable alternative measures shall be provided."
(i) Section 4907.10, Corrective Actions, is added to read as follows:
"The Board is authorized to instruct the Fire Code Official to give notice to the owner of the property upon which conditions regulated by Section 4907 exists to correct such conditions. If the owner fails to correct such conditions, the Board is authorized, in accordance with Health and Safety Code section 13 879, to cause the same to be done and make the expenses of such correction a lien upon the property where such condition exists."
11 X. Chapter 56, EXPLOSIVES AND FIREWORKS.
(a) Section 5601.1, Scope, is amended to read as follows:
"For explosives requirements, see Title 19 California Code of Regulations, Chapter 10. For fireworks requirements, see Section 5601.2 of this Code." (b) Section 5601.1.3, Fireworks, is amended to read as follows:
"The manufacture, possession, storage, sale, use or handling of fireworks is prohibited within the jurisdiction of the Carpinteria-Summer land Fire Protection District.
Exception: A permitted public display of fireworks, as defined in Health and Safety Code section 12524, may be conducted by a pyrotechnic operator licensed by the State Fire Marshall and approved by the Fire Code Official. Public displays shall comply with Title 19 California Code of Regulations, Division 1, Chapter 6."
XI. Chapter 57, FLAMMABLE AND COMBUSTIBLE LIQUIDS
(a) Sections 5704.2.9.6.1 and 5706.2.4.4, Locations where above-ground tanks are prohibited, are amended to read as follows:
"The storage of flammable or combustible liquids is prohibited within the jurisdiction of the Carpinteria-Summerland Fire Protection District, except that such storage is allowed subject to compliance with applicable zoning and other ordinances and laws, as follows:
(1) In agricultural zones, where the minimum lot size is five acres or more and the particular zone encompasses a contiguous area of not less than 50 acres, and where the use will not unreasonably endanger adjoining property, as determined by the Fire Code Official.
(2) In all other zones, where the written approval of the Fire Code Official is obtained subject to such reasonable conditions as the Fire Code Official may impose to protect life and property." XII. Chapter 61, LIQUEFIED PETROLEUM GASES.
(a) Section 6104.1.1, Location, is added to read as follows:
"The storage of liquefied petroleum gases is prohibited in the jurisdiction of the CarpinteriaSummerland Fire Protection District, except that such storage is allowed subject to compliance with applicable zoning and other ordinances and laws, in the hereinafter named zones, as follows:
(1) In agricultural zones, where the minimum lot size is five acres or more and the particular zone encompasses a contiguous area of not less than 50 acres, and where the use will not unreasonably endanger adjoining property, as determined by the Fire Code Official.
12 (2) In all other zones, where the written approval of the Fire Code Official is obtained subject to such reasonable conditions as the Fire Code Official may impose to protect life and property." XIII. Appendix B FIRE FLOW REQUIREMENTS FOR BUILDINGS
(a) Section B 103 .3 Areas without water supply systems, is amended to read as follows:
"For information regarding water supplies for fire-fighting purposes in rural areas in which adequate and reliable water supply systems do not exist, the fire code official is authorized to utilize NFPA 1142."
XIV. Appendix C FIRE HYDRANT LOCATION AND DISTRIBUTION
(a) Section C 103 .1 Hydrant spacing, is amended to read as follows:
"Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 and CSFD Standards shall be provided with one or more fire hydrants, as determined by Section C 102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C 103 .2 and C103.3.When required by the fire code official, additional fire hydrants above those required by Section 102.1 shall be provided to provide a water supply for wildland fires." Section 4. The California Residential Code is amended and changed as follows:
I. Chapter 3, Section R313 is amended and changed as follows:
(a) Section R313 .1, Exception, is deleted in its entirety and replaced with the following:
"l. County Jurisdiction: Any existing townhouse for which an application for building permits is filed or required to be filed with the County for any alteration, modification, remodel and/or addition of 1,000 square feet or more, or that exceeds 50% of the existing square footage of the building floor area, shall be required to install automatic fire sprinklers throughout the entire building. Square footage shall be measured cumulatively.
2. City Jurisdiction: Any existing townhouse for which an application for building permits is filed or required to be filed with the City for any alteration, modification, remodel and/or addition that exceeds 50% of the existing square footage of the building floor area shall be required to install automatic fire sprinklers throughout the entire building. Square footage shall be measured cumulatively.
3. Application. The provisions of this Section shall be applicable within the District's jurisdiction. If any part of this Section is in conflict with any other part, the more restrictive shall be controlling.
13 4. Cumulative Square Footage. For purposes of measuring cumulative square footage, the District shall include all additions or modifications occurring on or after January 1, 2011."
(b) Section R313.2, Exception 1, is deleted in its entirety and replaced with the following:
"l. City and County Jurisdiction. Any existing one- and two-family dwellings for which an application for building permits is filed or required to be filed with the County or the City for any alteration, modification, remodel and/or addition that exceeds 50% of the existing square footage of the building floor area shall be required to install automatic fire sprinklers throughout the entire building. Square footage shall be measured cumulatively.
2. Application. The provisions of this Section shall be applicable within the District's jurisdiction. If any part of this Section is in conflict with any other part, the more restrictive shall be controlling.
3. Cumulative Square Footage. For purposes of measuring cumulative square footage, the District shall include all additions or modifications occurring on or after January 1, 2011."
(c) Section R313 .3 .1.2, Exception ( 4), is deleted.
Section 5. Appeals.
Whenever the Fire Code Official disapproves an application or refuses to issue a permit applied for, or when it is claimed that the provisions of this Ordinance do not apply or that the true intent and meaning of this Ordinance have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Code Official to the Board of the District within 30 days from the date of the decision of the Fire Code Official. All decisions of the Board shall be final. The Board shall cause to be kept accurate written minutes and shall deliver or cause to be delivered written findings and decisions on all appeals considered by the Board to the appellant upon request.
Section 6. Enforcement and Penalties.
(a) Any person who violates any of the provisions of this Ordinance or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the District Board of Directors or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and non-compliance, respectively, be guilty of an infraction punishable by a fine of not more than $250. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. 14 (b) The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions. If a violation is determined to exist or to be impending, the Fire Code Official is authorized to take such measures as are deemed necessary or expedient to secure compliance. In carrying out such measures, the Fire Code Official and designees may request, and shall receive, the assistance and cooperation of the County Building Official or other appropriate officials of the County, or the City Building Official or other appropriate officials of the City.
(c) When the Fire Code Official determines that any person has engaged in, is engaged in, or is about to engage in any act(s) or practice(s) which constitute or will constitute a violation of any provision of this Ordinance or the Code hereby adopted, the District Attorney or District Counsel may make application to the Superior Court of Santa Barbara County for an order restraining or enjoining such act(s) or practice(s), a permanent or temporary injunction, restraining order or other corrective order may be granted.
(cl) In the event that any person, firm or corporation, whether as a principal, agent, employee or other type of representative shall fail to abate or correct a violation of any provision of this Ordinance or the Code hereby adopted after notice and opportunity to correct or end same, the District Attorney or District Counsel may apply to the Superior Court of the County for an order authorizing the District to undertake actions necessary to abate the violation and to require the violator to pay for the cost of such undertaking. (e) In the event that any person, firm or corporation, whether as a principal, agent, employee or other type of representative shall fail to abate or correct a violation of any provision of this Ordinance or the Code hereby adopted after notice and opportunity to correct or end same, the District Attorney or District Counsel may apply to the Superior Court of the County for an order authorizing the District to undertake actions necessary to abate the violation and to require the violator to pay for the cost of such undertaking. (:f) Any violation of any provision of this Ordinance or the Code and any amendment thereto may, in the discretion of the District Attorney for the County, be prosecuted as a misdemeanor.
Section 7. Liability.
It is the intent of the Board to establish minimum standards for the protection of the public health, safety and welfare. This Ordinance shall not be construed to establish standards of performance, strength, or durability other than those specified. Neither this Ordinance nor any services rendered in connection with or pursuant to its terms by District officers, agents or employees, are intended as nor shall be construed to be the basis for any express or implied warranties or guarantees to any person concerning any structure or portion thereof or appurtenance thereto constructed, repaired, replaced or removed pursuant to this Ordinance or the Code hereby adopted.
Section 8. Findings.
15 The Board, following due consideration, hereby finds and determines that all the amendments, deletions, and additions to the foregoing Codes are reasonably necessary due to local climatic, geological, and topographical conditions existing in the District. The District hereby finds and declares that:
The area within which the District is located regularly experiences strong, hot, dusty, and down canyon winds referred to locally as "Sundowners" or "Santa Arras". Such wind conditions increase fire danger by significantly contributing to the spread and intensity of fires, and significantly increase the difficulty of effective fire suppression within the District. If a fire involving a single structure cannot be immediately extinguished, such wind conditions can rapidly spread flames to adjacent structures, significantly endangering lives and/or millions of dollars in property value.
Such winds can spread existing flames from a structure or natural fuel to structures and natural fuel significant distances away, even jumping over fire breaks and freeways, resulting in significant property damage and/or loss of life.
Areas of the District are also densely populated, and the close proximity of structures significantly increases the risk of "exposure fires," which emanate from a fire initiated within one structure and can rapidly spread to other nearby structures to generate a conflagration, endangering entire neighborhoods. The installation of automatic fire sprinklers in existing buildings upon any addition, alteration, or repair-i.e. when they are modernized so as to extend their expected useful life-will minimize the risk of exposure fires and provide more time efficient fire suppression actions.
Much of the jurisdiction of the District is within heavy brush and chaparral. It is generally known to take approximately 25 years to build up extremely dangerous combustible brush conditions, and the District contains areas where combustible flora has built up for 50 to 100 years.
The District is in an area prone to extensive drought conditions, significantly increasing the already natural combustibility of the chaparral, brush and ornamental shrubbery in the District. Such fuels can rapidly transform a small manageable fire into an uncontrollable conflagration, compromising the lives and safety of District personnel and residents. The reduction of such fuels provides a direct correlation to the safety of the lives and property within the District, and will substantially reduce the risk of injury or death to District personnel.
The District is geographically situated such that extreme solar exposure (south, southwest, and west facing slopes) continually results in critically low live fuel moisture levels, further rendering most brush, chaparral and ornamental shrubbery highly combustible. Due to these conditions even non- structural fires can pose a massive threat to the lives and structures located in the District.
The District is located in close proximity to several active earthquake faults. During and after an earthquake, there is a high potential for fires and other emergencies threatening the lives of District residents, generally requiring the commitment of all available resources.
Geographic and topographic conditions delay response times for fire apparatus (these conditions include remote structures; narrow, winding roads which hamper the access of modern fire suppression apparatus; and extremely sloping roads which tend to slow fire apparatus response). 16 Water can be in short supply in the District, and fires in areas with structures with noncombustible roofing typically consume far lesser quantities of water than those not complying with the Plan, allowing greater fire suppression coverage, and preventing unnecessary loss oflife and/or property within the District.
The amendments provide a means of ensuring that safe and efficient firefighting operations are conducted in buildings with rooftop photovoltaic systems during periods of low humidity and high winds, potential seismic activity, or in areas ofrestricted access present in the City and County.
U.S. Highway 101 traverses the District, and is a transportation route for hazardous materials and some traffic accidents on Highway 101 require the presence of all available fire apparatus, leaving the District with fewer resources to combat structural fires elsewhere in the District.
The Union Pacific Railroad line also traverses the District. A train accident or derailment could immediately deplete the District's resources, limiting the District's ability to furnish fire protection for the balance of the District.
1 The Carpinteria-Summerland Fire Protection District is in the mutual aid plan and is committed to supply personnel and equipment for serious fires outside the District and which can reduce the personnel and equipment available for response to possible emergencies within the District.
Further, in many instances because of the extra hazardous conditions, a defensible space protection zone around buildings and structures of only one hundred feet is not sufficient to provide for tenable wildland firefighting operations around such buildings and structures. These conditions are common upon lands within the rural areas with slopes exceeding 25% and are covered with old age class chaparral and dense vegetation, creating conditions that are dangerous to fire fighters.
The increase in population and traffic within the Carpinteria-Summerland Fire Protection District has hampered and obstructed response routes and has increased response times for fire apparatus, especially during peak hours of mornings and evenings. On-site fire protection appliances will tend to reduce the amount of fire spread should a delay exist. Additionally, the continued residential growth and spread into undeveloped remote wildland areas has increased the demands on firefighting resources and response times
The Governing Board expressly finds and declares that the findings contained herein are needed to properly protect the health, safety, and welfare of existing and future residents and provide the basis for the amendment, deletions, and additions to the Code contained in this Ordinance.
Section 9. Severability.
If any article, section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed this Ordinance and each article, section, subsection, sentence, clause, phrase or word thereof 17 irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses, phrases or words may be unconstitutional or invalid.
Section 10. Effective Date and Publication.
(a) Effective Date. This Ordinance was introduced for first reading on October 5, 2022, and passed on , 2022 and shall take effect 30 days after final passage. (b) Publication. In accordance with Government Code section 25124, this Ordinance shall be published once, with the names of the members of the Board voting for and against it in a newspaper of general circulation in the District within 15 days after its adoption.
PASSED, APPROVED AND ADOPTED by the Governing Board of the CARPINTERIA SUMMERLAND FIRE PROTECTION DISTRICT on this_ day of , 2022, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Suzy Cawthon, President
ATTEST:
T .isa Guravitz, Secretary
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA BARBARA )
I, Lisa Guravitz, Secretary of the Governing Board of the Carpinteria Summerland Fire Protection District, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of the California Fire Code hereby adopted Ordinance No. 2022-XXof said District, adopted at a regular meeting of the Governing Board, held on the __ day of , 2022, at which meeting a quorum of the Governing Board was present and acting throughout, and that the same has not been amended or repealed.
DATED: This __ day of , 2022.
18 Lisa Guravitz, Secretary
19 Attachment B
2022 Fire Code Adoption
Summary of Changes
Purpose
The 2022 California Fire Code {CFC) has gone through modification since the last code adoption cycle for a number of reasons. Some sections have been edited by the International Code Committee and the various California Code committees for greater clarity as to the applicability and intent of the code.
Codes are modified to take into account improvements in industry practices and procedures and to provide consistency with revisions in state and federal law. Items highlighted in red indicate an addition or change from the currently adopted ordinance.
Summary of fire code changes:
Chapter 1
101.1
103.1
103.3
104.3
104.3.1
Scope and Administration
Amended: Title
Fire Code of the Carpinteria-Summerland Fire Protection District, referred to as the 'Code'.
Amended: General
The Code shall be enforced by The Fire Prevention Bureau.
Amended: Deputies
The Fire Code Official may recommend to the Board the employment of technical inspectors.
Amended: Right of Entry
Authority to perform inspections
Deleted: Warrant
Same as current CFC
104.9 Deleted: Alternative Material
Same as current CFC
104.9.1
104.9.2
104.10.1
104.11
104.12.4
Deleted: Research Report
Same as current CFC
Deleted: Tests
Same as current CFC
Deleted: Assistance from Other Agencies
Same as current CFC
Amended: Fire investigations
Fire Investigator's authority. Number changed from last Code Cycle 104.10 Added: Financial Responsibility
Ability to collect expenses from an incendiary or hazardous material incident.
Number changed from last Code Cycle 104.11.4.
111 Deleted: Board of Appeals
Same as current CFC
112.5 Added: Building or Property Damaged by Fire.
Securing property and debris removal after an incident. Number changed from last Code Cycle 110.5
Chapter 2
Definitions:
Chief of Police shall mean Sheriff
Police officer shall mean Sheriff
City shall mean City of Carpinteria
County shall mean County of Santa Barbara
Fire Code Official shall mean Fire Chief or Designee
Jurisdiction shall mean territory of the District
Mixed-use shall mean a building with residential and non-residential units Chapter 3
General Requirements
Adopt chapter 3, delete section 308.1.4 (open flame cooking) Chapter 5
Fire Service Features
503.1 Amended: Where Required
References Title 14 and CSFPD Standards.
503.1.1 Deleted: Buildings and facilities exception 1.3 is deleted. 503.1.4
503.6.1
505.1
505.1.1
505.1.2
505.1.3
506.1 Amended: Where Required
Key or key switch for secure opening and gates
510.4.2.9
Added: Access Road Design
Title 14 and CSFPD Standards added.
Added: Gate Location and Width
Title 14 and CSFPD Standards added
Amended: Address Identification
Location and minimum size changed
Added: Signage for Complexes
Directories required
Added: Mixed-use buildings
Mixed use building must indicate when there is a residential unit.
Added: Address Modification
Address may be modified when deemed necessary
Added: Building Conduit and Pathway Survivability. Removed residential structures.
510.4.2.9.1 Added: Emergency Responder Radio Coverage System Conduit identification
Chapter 9
901.4.8
Fire Protection Systems
Added: Partial Fire Sprinkler Systems
Partial systems not allowed
901.11 Added: Problematic Systems
Fire watch until the system is repaired.
903.2 Amended: Where Required
Change in numbering, reworded for clarity.
903.2.18
903.2.22
903.2.22.1
903.2.22.2
907.2.30
907.2.31
907.8.5
1205.2.1.2
1205.2.1.4
Amended: Group U Exceptions
Number changed from last Code Cycle 903.2.21
Number changed from last Code Cycle 903.2.21.1
Number changed from last Code Cycle 903.2.21.2
907.2.10.2.6 Deleted: Testing of Fire Alarms and Smoke Systems Added: Mixed-Use Buildings
Requirements for mixed use fire alarms.
Added: Carbon Dioxide
Fire alarm requirements for carbon dioxide storage and enrichment.
Added: Annual Fire Alarm Maintenance
Additional fire alarm testing and maintenance requirements.
Chapter 11 Construction Requirements for Existing Buildings 1103.5 Amended: Sprinkler Systems
Referenced number changed from last Code Cycle 1103.5.5 Chapter 12 Energy Systems
1203.1.3.1 Added: Signage for Electrical Generators or Other Power Sources Sign requirements
Amended: Set Back at Ridge
Location of solar panels. Number changed from last Code Cycle 1205.2.1.2 Added: Flat and Alternative Roofs
Solar panel clearances. Number changed from last Code Cycle 1204 1205.3.5 Flat and Alternative Roofs
R-1 & R-2 solar panel clearances. Number changed from last Code Cycle 1203.5 Chapter 28 Lumber Yards and Woodworking Facilities
2807.5 Amended: Emergency Plan
2808.10
Chapter 49 Requirements for Wild land Urban Interface Fire Areas 4902.1 Amended: General
High fire hazard area definition added
4907.1 Amended: Defensible Space General
Language added to include local area and standards.
4907.3 Amended: Requirements
Added public resource code. Number changed from last Code Cycle 4906.3 4907.4 Added: Correction of Condition
Process to correct a condition added. Number changed from last Code Cycle 4907.2
4907.5 Amended: Clearance of Brush or Vegetive Growth from Roadways Driveways added to definition. Number changed from last Code Cycle 4906.5 4907.6 Added: Dumping
Combustible waste in hazardous fire areas. Number changed from last Code Cycle 4906.6
4907.7 Added: Clearance of Brush or Vegetative Growth from Structures Brush clearance requirements. Number changed from last Code Cycle 4907.2 4907.7.2
4907.4.2.1
Added: Additional Defensible Space
Zone 3 requirements. Number changed from last Code Cycle 4907.2.2 Added: Additional Defensible Space
Zone 3. Number changed from last Code Cycle 4907.2.1
4907.8 Added: Fire Hazard Determination
Number changed from last Code Cycle 4907.3
4907.9 Added: Unusual Circumstances
Number changed from last Code Cycle 4907.4
J
4907.10 Added: Corrective Actions
Number changed from last Code Cycle 4907.5
Chapter 56 Explosives and Fireworks
5601.1 Amended: Scope
Title 19 added
5601.1.3 Amended: Fireworks
Fireworks illegal.
Chapter 57 Flammable and Combustible Liquids
5704.2.9.6.1 Amended: Locations Where Above-Ground Tanks are Prohibited 5706.2.4.4 District name added.
Chapter 61 Liquefied Petroleum Products
6104.1.1 Added: Location
Location where allowed.
Adopted Appendices:
Chapter 4
Appendix B Fire Flow Requirements for Buildings
B103.3 Amended: Areas without Water Supply Systems
Suburban area removed.
Appendix BB Fire Flow Requirements for Public Schools
Appendix C Fire Hydrant Location and Distribution
C103.l Amended: Hydrant Spacing
CSFPD Standards added.
Appendix CC Fire Hydrant Location and Distribution for Public Schools
Appendix E
Appendix F
Appendix H
Appendix K
Appendix N
Appendix 0
Hazard Categories
Cryogenic Fluids
Hazardous Material Management Plan
Construction Requirements for Existing Ambulatory Care Facilities Indoor Trade Shows and Exhibitions
Temporary Haunted Houses, Ghost Walks and Similar Amusement Events California Residential Code
Chapter 3
R313
R313.1
R313.2
R313.3.1.2
Residential Fire Sprinklers
Amended
Amended: Exception
County: Language to clarify
City: Change from 75% to 50%. Language to clarify
Replaced: Exception
County: Language to clarify
City: 75% to 50% Language to clarify.
Deleted: Exception 4
Attachment C
Governing Laws for Adoption and Ratification
Health & Safety Code Section 13869. 7.
(a) Any fire protection district organized pursuant to Part 2.7 (commencing with Section 13800} of Division 12 may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code. For these purposes, the district board shall be deemed a legislative body and the district shall be deemed a local agency. Any changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety shall be subject to subdivision (b) of Section 18941.5. (b) Any fire protection district that proposes to adopt an ordinance pursuant to this section shall, not less than 30 days prior to noticing a proposed ordinance for public hearing, provide a copy of that ordinance, together with the adopted findings made pursuant to subdivision (a), to the city, county, or city and county where the ordinance will apply. The city, county, or city and county, may provide the district with written comments, which shall become part of the fire protection district's public hearing record.
(c) The fire protection district shall transmit the adopted ordinance to the city, county, or city and county where the ordinance will apply. The legislative body of the city, county, or city and county, may ratify, modify, or deny an adopted ordinance and transmit its determination to the district within 15 days of the determination. Any modification or denial of an adopted ordinance shall include a written statement describing the reasons for any modifications or denial. No ordinance adopted by the district shall be effective until ratification by the city, county, or city and county where the ordinance will apply. Upon ratification of an adopted ordinance, the city, county, or city and county, shall file a copy of the findings of the district, and any findings of the city, county, or city and county, together with the adopted ordinance expressly marked and identified to which each finding refers, with the Department of Housing and Community Development.
(d) Nothing in this section shall authorize a district to mandate, nor prohibit a district from mandating, the installation of residential fire sprinkler systems within newly constructed dwelling units or in new additions to existing dwelling units, including, but not limited to, manufactured homes as defined in Section 18007.
(e) Nothing in this section shall authorize a district to mandate, nor prohibit a district from mandating, the retrofitting of existing dwelling units for the installation of residential fire sprinkler systems, including, but not limited to, manufactured homes as defined in Section 18007.
(f) Nothing in this section shall apply in any manner to litigation filed prior to January 1, 1991, regarding an ordinance or regulation which mandates the installation of residential fire sprinkler systems within newly constructed dwelling units or in new additions to existing dwelling units.
(g) This section shall not apply to fire and panic safety requirements for the public schools adopted by the State Fire Marshal pursuant to Section 13143. (h) (1) A city, county, or city and county that ratifies an ordinance relating to fire and panic safety pursuant to this section shall delegate the enforcement of the ordinance to either of the following:
(A) The chief of the fire protection district that adopted the ordinance, or his or her authorized representative.
(B) The chief building official of the city, county, or city and county, or his or her authorized representative.
(2) Any fee charged pursuant to the enforcement authority of this subdivision shall not exceed the estimated reasonable cost of providing the service for which the fee is charged, pursuant to Section 66014 of the Government Code.
Health and Safety Code Section 18941.5
(a) (1) Amendments, additions, and deletions to the California Building Standards Code, including, but not limited to, green building standards, adopted by a city, county, or city and county pursuant to Section 18941.5 or pursuant to Section 17958.7, together with all applicable portions of the California Building Standards Code, shall become effective 180 days after publication of the California Building Standards Code by the commission, or at a later date after publication established by the commission.
(2) The publication date established by the commission shall be no earlier than the date the California Building Standards Code is available for purchase by the public. (b) Neither the State Building Standards Law contained in this part, nor the application of building standards contained in this section, shall limit the authority of a city, county, or city and county to establish more restrictive building standards, including, but not limited to, green building standards, reasonably necessary because of local climatic, geological, or topographical conditions. The governing body shall make the finding required by Section 17958.7 and the other requirements imposed by Section 17958.7 shall apply to that finding. Nothing in this section shall limit the authority of fire protection districts pursuant to subdivision (a) of Section 13869.7. Further, nothing in this section shall require findings required by Section 17958.7 beyond those currently required for more restrictive building standards related to housing.