Carpinteria City Council
November 28, 2022

City of Carpinteria
City Council Regular Meeting Agenda
Monday, November 28, 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 City Council Regular Meeting Agenda
November 28, 2022

[email protected], (PLEASE NOTE NEW PUBLIC COMMENT EMAIL ADDRESS) or (2) the eComment link on the City's agenda website (https://carpinteriaca.gov/city-hall/agendas-meetings/). Please reference the agenda item to which your comment pertains. While written comments become part of the record, they will not be read aloud at the meeting.

Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment in-person in the City Council Chambers). Additional options may be made available at the meeting.

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

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS: NONE

1. Adoption of Resolution No. 6178, Honoring Nona Hulick on Her 100th Birthday.

2. Proclamation Recognizing 2022 Outgoing Santa Barbara Association of Realtors President Bob Walsmith Jr.

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 City Council Regular Meeting Agenda
November 28, 2022

15 minutes and divided among those persons desiring to speak. No person shall speak longer than three minutes; however, the Mayor may establish shorter periods based on the time available and/or the number of persons waiting to speak. Persons wishing to speak on a specific item will be recognized at the time the agenda item is considered.

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

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

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

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

3. Approve the minutes of the regular meeting held November 14, 2022.

4. Receive and file the Expenditures for the period beginning November 5, 2022 and ending November 18, 2022.

5. Receive and file the Contracts Executed by the City Manager on behalf of the City for the Period of October 18, 2022 through November 21, 2022.

6. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds for the month of October 2022.
7 Authorize the City Manager to issue a Purchase Order in the amount of $36,095.00 for the renovation of the athletic fields at El Carro Park.

ADMINISTRATIVE MATTERS: NONE
PUBLIC HEARING:

8. Resolution No. 6176, a Resolution of the City Council of the City of Carpinteria Ratifying Carpinteria-Summerland Fire Protection District’s Ordinance No. 2022- 01 pursuant to Health and Safety Code § 13869.7(c), which adopts the 2022 California Fire Code with amendments.

City Council Regular Meeting Agenda
November 28, 2022

Recommendation: Adopt Resolution No. 6176, ratifying the CarpinteriaSummerland Fire Protection District’s Ordinance No. 2022-01.

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

9. Annual Report of the City’s Development Impact Fee Program and Updating the Capital Improvement Plan.

Recommendation: Adopt Resolution No. 6177, updating the City’s Capital Improvement Plan and Approving and Accepting the Annual Report on the City’s Development Impact Fee Program.

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

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR

AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED

MATTERS CONTINUED FROM PREVIOUS MEETINGS
OTHER BUSINESS:

10. Recommendations for the establishment of active adult / senior programming services in Carpinteria as supported by data collected through the Active Adult / Senior Services Community Needs Assessment.

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

Staff Presenter: Michael Ramirez, Assistant City Manager a. Staff Report
b. Public Comment
c. City Council Determination

11. Review and consideration of the land lease between the UPPO’s Garden, LLC and the City of Carpinteria for a portion of the property located at 399 Linden Avenue.

City Council Regular Meeting Agenda
November 28, 2022

Recommendation: Receive the report and provide direction to Staff as determined appropriate.

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

12. Consideration of amendments to the City of Carpinteria’s (City) Short Term Rental Administrative Policies and Procedures, which clarify and implement the City’s Short Term Rental regulations.

Recommendation: Receive and file the updated Short Term Rental Administrative Policies and Procedures (Attachment A), which amend the portion of such policies and procedures applicable to home stays.

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

PLANNING COMMISSION
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) City Council Regular Meeting Agenda
November 28, 2022

d. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.

Nomura)
e. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt.

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

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

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

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
City Council Regular Meeting Agenda
November 28, 2022

The next regular City Council meeting will be held December 12, 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, November 23, 2022, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.

RESOLUTION NO. 6178

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF CARPINTERIA
HONORING NONA HULICK ON HER 100TH BIRTHDAY
WHEREAS, Nona Hulick was born on December 15, 1922 in Chicago, Illinois; and WHEREAS, in her younger days, Nona was quite the athlete, playing softball and coaching the sport into her 60's; and
WHEREAS, in the mid-1970s, Nona began traveling the world with her daughter Kathy, including such places as Thailand, Egypt, and a safari in Africa; and WHEREAS, after wintering in Santa Barbara for a number of years, Nona and her husband Robert moved to Carpinteria in 1999 to begin the next chapter of their lives; and
WHEREAS, Nona began volunteering as a dispatcher for HELP of Carpinteria on September 16, 2010, making it possible for non-driving Carpinteria residents to remain in their homes and maintain their independence far beyond the time when they can no longer drive; and
WHEREAS, Nona volunteers every Thursday afternoon as a HELP of Carpinteria dispatcher and is well known for her sunny disposition and her caring customer service, saying that she believes that HELP volunteers are the greatest people she has ever known; and
WHEREAS, Nona was honored at the Community Awards Gala on March 12, 2022 as the HELP of Carpinteria Merit Award recipient for her twelve years of volunteerism; and WHEREAS, Nona's greatest accomplishment is her amazing family, daughters Barb Goodridge, and Kathy Hulick, son Bob Hulick, seven grandchildren, and eleven great grandchildren; and
WHEREAS, it is proclaimed that this grateful community honors Nona Hulick for 100 years of an extraordinary life well-lived.

NOW THEREFORE BE IT RESOLVED as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. The City Council of the City of Carpinteria congratulates Nona Hulick upon her 100th Birthday and further commends her for on-going and continuing dedication to serving the residents of Carpinteria.

PASSED, APPROVED AND ADOPTED on the 28
th day of November 2022.

Wade T. Nomura, Mayor
ATTEST:

Brian C. Barrett, CMG, CPMC, City Clerk

City of Carpinteria
City Council Minutes
Regular Meeting
Monday, November 14, 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
John L. Ilasin, Public Works Director
Michael Ramirez, Assistant City Manager
Olivia Uribe Mutal, Program Manager

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

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS: NONE

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
Mayor Nomura temporarily adjourned the meeting at 5:33 pm.

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Nomura reconvened the meeting at 5:51 pm.

City Council Regular Meeting Minutes
November 14, 2022

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 following:
• County of Santa Barbara will hold a South County Housing Element Workshop on Thursday, November 17th at 6 pm at the County Administrative Building, 123 East Anapamu Street in the Planning Commission Hearing Room; showed the interactive online map located on the County’s Housing Element Update website. • County Elections will provide an additional update on the 2022 election results tentatively by 5 pm on Tuesday, November 15th which will be posted on their website.
• Council will consider certifying election results at the first meeting in December (December 12th) and the new Council will be seated and consider appointment of Mayor and Vice Mayor.
• Thanked Program Manager Olivia Uribe Mutal and Consultant Lea Boyd on their work on the City Newsletter subscription mailer which provided the City with additional subscribers to the City newsletter.
• City is seeking sponsors for two dog bag dispensers one located at the Rincon Bluffs Preserve at the east end of Carpinteria Avenue and the other at Casitas Pass Road between Ogan Road and El Carro Lane. Interested sponsors may call City Hall.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
In-person speakers: Mike Wondolowski, Susan Allen, Valerie Bentz, and Gail Marshall Speakers via Zoom: Lorraine McIntire
Emails distributed: Russell Ruiz
In response to public comments regarding the County of Santa Barbara’s Housing Element Update, Mayor Nomura requested and the Council agreed to have staff move forward urgently with a game plan to effectively make the City’s concerns heard to the County Board of Supervisors.

In response to the public comment regarding a recent shooting incident, Councilmember Alarcon requested staff explore gun safety laws or ordinances that are currently in place and add this item to the upcoming 2023 City Workplan. The Council was in favor.

City Council Regular Meeting Minutes
November 14, 2022

Mayor Nomura requested staff identify areas where there are greater number of Sheriff call-ins.

AGENDA MODIFICATIONS: NONE

CONSENT CALENDAR
There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Alarcon, to approve the Consent Calendar Item Nos. 1 through 3. 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.

1. Approve the minutes of the special joint meeting held October 17, 2022 and the regular meeting held October 24, 2022.

2. Receive and file the Expenditures for the period beginning October 15, 2022 and ending November 4, 2022.

3. Adoption of Resolution No. 6173, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.

ADMINISTRATIVE MATTERS:

4. Consider canceling the regular City Council meeting of December 26, 2022 and scheduling a special joint meeting of the City Council, Planning Commission, and Architectural Review Board for December 19, 2022.

Recommendation: Authorize the cancelation of the regular City Council meeting of December 26, 2022 and schedule a special joint meeting of the City Council, Planning Commission, and Architectural Review Board for December 19, 2022.

City Clerk Barrett presented the staff report.

There was no public comment.

Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to authorize the cancelation of the regular City Council meeting of December 26, 2022 and schedule a City Council Regular Meeting Minutes
November 14, 2022

special joint meeting of the City Council, Planning Commission, and Architectural Review Board for December 19, 2022. 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.

5. Fiscal Year 2021/22 Year-End Capital Improvements Program Budget Rollover of Unused Funds into Fiscal Year 2022/23, and Additional Appropriations for Capital Improvements Program Budget.

Recommendation: (1) Authorize the rollover of unused funds from Fiscal Year 2021/22 Capital Improvements Program Budget into Fiscal Year 2022/23 Capital Improvements Program Budget and (2) Approve additional appropriations in the total amount of $1,180,050 for Fiscal Year 2022/23 Capital Improvements Program Budget. (This motion requires a roll call vote.) Public Works Director presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Vice Mayor Clark, to (1) authorize the rollover of unused funds from Fiscal Year 2021/22 Capital Improvements Program Budget into Fiscal Year 2022/23 Capital Improvements Program Budget and (2) approve additional appropriations in the total amount of $1,180,050 for Fiscal Year 2022/23 Capital Improvements Program Budget.

Public Works Director Ilasin noted an error in the presented recommendation that instead of $1,180,050 of additional appropriations being authorized, it should be only $780,050 of additional appropriations being authorized.

Councilmember Lee amended the motion and Vice Mayor Clark seconded the amended motion, to (1) authorize the rollover of unused funds from Fiscal Year 2021/22 Capital Improvements Program Budget into Fiscal Year 2022/23 Capital Improvements Program Budget and (2) approve additional appropriations in the total amount of $780,050 for Fiscal Year 2022/23 Capital Improvements Program Budget. The roll call vote on the amended motion was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
City Council Regular Meeting Minutes
November 14, 2022

ABSENT: None
ABSTAIN: None
The motion carried unanimously.

6. Amendment No. 3 to Agreement with West Coast Arborists, Inc. for a One-Year Term Extension and Increase to Related Costs to Provide Tree Maintenance Services.

Recommendation: Authorize the City Manager to execute Amendment No. 3 to the Agreement with West Coast Arborists, Inc. for a one-year term extension to provide tree maintenance services in an amount not-to-exceed $156,577 for a total amended agreement amount of $804,756. (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 Amendment No. 3 to the Agreement with West Coast Arborists, Inc. for a one-year term extension to provide tree maintenance services in an amount not-toexceed $156,577 for a total amended agreement amount of $804,756. 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

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED: NONE MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:

7. Approval and adoption of Urgency Ordinance No. 761, amending Ordinance No. 744 and superseding Ordinance Nos. 746, 749 and 754, extending the Temporary COVID-19 Outdoor Business Permit Program to June 30, 2023 and City Council Regular Meeting Minutes
November 14, 2022

notice of exemption findings for said Urgency Ordinance under the California Environmental Quality Act.

Recommendation: Approve and adopt Urgency Ordinance No. 761, extending the Temporary COVID-19 Outdoor Business Permit Program in order to allow businesses to operate in the City right-of-way and privately-owned outdoor spaces for supporting social distancing and economic recovery during the COVID-19 pandemic. (This motion requires a roll call vote and 4/5th approval.) Public Works Director Ilasin presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Vice Mayor Clark, to approve and adopt Urgency Ordinance No. 761, 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.

8. Acceptance of the Santa Barbara County Regional Broadband Strategic Plan.

Recommendation: Accept the Santa Barbara County Regional Broadband Strategic Plan.

Public Works Director Ilasin provided introductory remarks and introduced Bill Simmons with the Broadband Consortium Pacific Coast and Maria Kelly with MMKelly Consulting who presented the PowerPoint presentation. Mr. Simmons and Ms. Kelly were present via Zoom.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Alarcon, to accept the Santa Barbara County Regional Broadband Strategic Plan.

Councilmember Alarcon suggested modifying the motion to include this item being placed on the 2023 Workplan. The Council agreed.

Councilmember Lee amended the motion and Councilmember Alarcon seconded the amended motion, to accept the Santa Barbara County Regional Broadband Strategic City Council Regular Meeting Minutes
November 14, 2022

Plan and place this item on the 2023 Workplan. The roll call vote on the amended 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 asked for an update on the recent internet outages. Public Works Director Ilasin stated that the internet outages were due to Frontier Communications installing fiber optic cables and that he could report back with estimated completion dates and locations for the work. City Manager Durflinger added that the City is working with the County Office of Emergency Management to send a joint letter to the California Public Utilities Commission asking for actions from Frontier and wi-fi/cellular service providers to demand improvement.

9. Adoption of Resolution No. 6175, concerning the formation of the Ad Hoc Civic/Youth Engagement Committee, and appointment of up to two Council members to the Committee.

Recommendation: Receive nominations and appoint two Council members to serve on the Ad Hoc Civic/Youth Engagement Committee to assist staff with developing program recommendations for City Council consideration.

Assistant City Manager Ramirez presented the staff report.

Speakers via Zoom: Gary Campopiano (noted audio issues with the meeting broadcast) The Council discussed postponing this item to the December 12th meeting to allow the new Council to consider it.

Motion by Councilmember Lee, seconded by Councilmember Alarcon, to postpone this item to the December 12, 2022 Council meeting. The roll call vote was as follows:

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

City Council Regular Meeting Minutes
November 14, 2022

10. Informational Report on the City’s Emergency Services Management Program.

Recommendation: Receive and file the report.

Program Manager Uribe Mutal presented the PowerPoint presentation.

There was no public comment.

Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to receive and file the report. The voice vote was as follows:

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

Mayor Nomura recommended the City Council be CERT certified.

LEGISLATIVE UPDATE
City Manager Durflinger presented the usual items from the League of California Cities and noted that a memo would be provided to the City Council on an update on the Brown Act changes at the next meeting.

PLANNING COMMISSION
City Manager Durflinger reported on Planning Commission actions from the November 7, 2022 meeting. He reported that this section of the agenda is a part of the Council agenda guidelines listed in the Municipal Code and that it provides an opportunity for the Council to review and appeal any Planning Commission actions.

There was consensus amongst the Council to move the PLANNING COMMISSION section to after the last agenda item and before the LEGISLATIVE UPDATE section on future agendas.

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Councilmember Carty reported on a recent Public Facility Site Acquisition/Development Committee meeting.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
City Council Regular Meeting Minutes
November 14, 2022

All Councilmembers are expected to be in attendance at the next regular Council meeting on November 28th.

ADJOURNMENT
Mayor Nomura adjourned the meeting at 8:04 pm.
__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 28, 2022

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning November 05, 2022 and ending November 18, 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 November 05, 2022 and ending November 18, 2022.

Warrant Register
November 28, 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: 11/05/2022 - 11/18/2022
Vendor Number Vendor Name Payment Date Payment Type Payment Amount Number Payable# Payable Type Post Date Payable Description
Bank Code: AP Bank-AP Bank
CARPINTERIA VALLEY WATER DISTRICT 11/10/2022 Regular 20,145.51 101408 CARP CITY OCT22 SERVICE Invoice 11/10/2022 OCT22-WATER FOR MULTIPLE LOCATIONS FIRST NATIONAL BANK OF OMAHA 11/10/2022 Regular 8,145.05 101409 NOV22 0503 Invoice 11/10/2022 CREDIT CARD PAYMENT-MR
NOV22 0983 Invoice 11/10/2022 CREDIT CARD PAYMENT-OUM
NOV22 1949 Invoice 11/10/2022 CREDIT CARD PAYMENT-SG
NOV22 2429 Invoice 11/10/2022 CREDIT CARD PAYMENT-LS
NOV22 3498 Invoice 11/10/2022 CREDIT CARD PAYMENT-ff
NOV22 3696 Invoice 11/10/2022 CREDIT CARD PAYMENT-LM
NOV22 4545 Invoice 11/10/2022 CREDIT CARD PAYMENT-BB
NOV22 5544 Invoice 11/10/2022 CREDIT CARD PAYMENT-DD
NOV22 6160 Invoice 11/10/2022 CREDIT CARD PAYMENT-JI
NOV22 9341 Invoice 11/10/2022 CREDIT CARD PAYMENT-M. RAMIREZ VANTAGE POINT TRANSFER AGENTS - 457 11/10/2022 Regular 10,443.06 101410 INV0004177 Invoice 11/10/2022 FY23 CITY MANAGER AGREEMENT ICMA CONTRIBUTIONS WEX BANK (76) 11/10/2022 Regular 723.46 101411
84863757 Invoice 11/10/2022 OCT22 FUEL FOR CITY VEHICLES SEIU LOCAL 620 11/17/2022 Regular 214.70 101412
INV0004203 Invoice 11/17/2022 Employee Union Dues Contribution UNITED WAY OF SANTA BARBARA COUNTY 11/17/2022 Regular 24.00 101413 INV0004205 Invoice 11/17/2022 Employee United Way Contribution VANTAGE POINT TRANSFER AGENTS - 457 11/17/2022 Regular 6,908.28 101414 INV0004193 Invoice 11/17/2022 ICMA Employee Contributions INV0004194 Invoice 11/17/2022 ICMA Employee Contributions INV0004195 Invoice 11/17/2022 ICMA Employee Contributions INV0004196 Invoice 11/17/2022 Deferred Compensation Contribution ACCESS CONTROL SECURITY INC. 11/17/2022 Regular 1,018.22 101415 0048320 Invoice 11/17/2022 SECURITY FOR VETS HALL EVENT 07 /09/22 0049929 Invoice 11/17/2022 SECURITY AT VETS HALL EVENT 10/01/22 0050182 Invoice 11/17/2022 SECURITY AT VETS HALL EVENT 10/08/22, 10/15/22 ALEXANDRIA GONZALEZ 11/17/2022 Regular 175.00 101416
INV0004215 Invoice 11/17/2022 REFUND FOR ENGINERING PERMIT DEPOSIT CITY OF SANTA BARBARA CD-RHMP 11/17/2022 Regular 4,293.00 101417 10272022 Invoice 11/17/2022 1ST QUARTER FY22-23 RENTAL HOUSING MEDIATION DAVID HERNANDEZ 11/17/2022 Regular 240.50 101418
INV0004210 Invoice 11/17/2022 REIMBURSABLE TRAVEL EXPENSES FOR CACEO FY23 CONF HORTENCIA TORREZ 11/17/2022 Regular 324.75 101419
INV0004213 Invoice 11/17/2022 VETS HALL RESERVATION DEPOSIT REFUND 10/01/22 MARIA ROA-MELENDEZ 11/17/2022 Regular 323.91 101420
INV0004214 Invoice 11/17/2022 VETS HALL RESERVATION DEPOSIT REFUND 10/15/22 OAKRIDGE GEOSCIENCE INC 11/17/2022 Regular 1,260.00 101421 056.015-01 WARRANT Invoice 11/17/2022 MAY22 GEOTECH REVIEW SERVICES FOR 6380 VIA REAL SANTA BARBARA COUNTY SHERIFFS DEPT 11/17/2022 Regular 421,415.00 101422 1617 Invoice 11/17/2022 NOV22 CONTRACTED LAW ENFORCEMENT SERVICES SO CA EDISON 11/17/2022 Regular 3,490.71 101423
INV0004212 Invoice 11/17/2022 ELECTRICAL SERVICE FOR SIGNAL LIGHT AT CARP X PALM

SQUARE SIGNS LLC 11/17/2022 Regular 191.41 101424
INV0004216 Invoice 11/17/2022 PROJECT BALANCE DEPOSIT REFUND LICETTE MALDONADO 11/17/2022 Regular 221.2 5 101425
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3521742398 Invoice 11/10/2022 TONER, PAPER, RULER, BINDERCLIPS, FOLDERS 3521742399 Invoice 11/10/2022 COMPUTER SPEAKERS & PAPER FOR POOL ALICE WISSING 11/17/2022 Virtual Payment 260.00 APA000974 11/15/22 Invoice 11/17/2022 MINUTES FOR PLANNING COMMISSION MEETING 11/07/:

AMERICAN AUTOMATIC DOORS INC 11/17/2022 Virtual Payment 727.04 APA000975 32857 Invoice 11/17/2022 REPAIRS TO CITY HALL ENTRY DOORS ANIMAL MEDICAL CLINIC 11/17/2022 Virtual Payment 1,969.02 APA000976 316935 Invoice 11/17/2022 AUG22 SERVICES FOR STRAY CAT UNDER CITY CARE 316948 Invoice 11/17/2022 AUG22 DOG LICENSING ISSUANCE
316951 Invoice 11/17/2022 AUG22 CONTRACTED VET SERVICES AT&T MOBILITY 11/17/2022 Virtual Payment 450.04 APA000977 287303896883X11102022 Invoice 11/17/2022 CITY HALL MONTHLY CELL PHONE BILL-OCTOBER 2022 Page 2/5 BENGAL ENGINEERING 11/17/2022 Virtual Payment 16,943.29 APA000978 4962 Invoice 11/17/2022 DESIGN SERVICES FOR RINCON TRAIL THROUGH 09/30/22 BIG GREEN CLEANING COMPANY 11/17/2022 Virtual Payment 600.00 APA000979 612238 Invoice 11/17/2022 EMERGENCY CLEAN UP AT SEAL FOUNTAIN 09/18/22 612241 Invoice 11/17/2022 EMERGENCY CLEAN UP AT EL CARRO RESTROOMS 9/17/2 612295 Invoice 11/17/2022 SHAMPOO CARPETS AT CITY HALL 10/10/22 CALIFORNIA MUNICIPAL STATISTICS INC 11/17/2022 Virtual Payment 550.00 APA000980 22111108 Invoice 11/17/2022 ACFR DIRECT & OVERLAPPING DEPT STATEMENT FY22 CAL TRANS 11/17/2022 Virtual Payment 3,026.85 APA000981 SL230201 Invoice 11/17/2022 JUL22-SEP22 SIGNALS & LIGHTING BILLING CANNON 11/17/2022 Virtual Payment 3,085.81 APA000982
82059 Invoice 11/17/2022 SEP22 PLAN CHECKS FOR FAITH LUTHERAN CHURCH 82060 Invoice 11/17/2022 SEP22 CONSTRUCTION INSPECTIONS FOR 650 CONCHA LC 82192 Invoice 11/17/2022 SEP22 PLAN CHECKS FOR 700 LINDEN AVENUE 82193 Invoice 11/17/2022 SEP22 PLAN CHECKS FOR 6380 VIA REAL CARPINTERIA VALLEY LUMBER CO 11/17/2022 Virtual Payment 1,196.58 APA000983 485208 Invoice 11/17/2022 PLASTIC TOILET SEAT FOR PW SHOP RESTROOM 485317 Invoice 11/17/2022 WALL SANDPAPER & BLUE MASKING TAPE FOR LIBRARY 485396 Invoice 11/17/2022 BLUE & RED FLAPPERS, LEVER FOR VETS HALL 485560 Invoice 11/17/2022 TOILET FLUSHER & FLUIDMASTER FOR VETS HALL 485666 Invoice 11/17/2022 PAINT ROLLER, CLOTH PAINT COVER, BUCKET 485693 Invoice 11/17/2022 TITANIUM DRILL BITS FOR SIGN REPLACEMENT 485699 Invoice 11/17/2022 NEW RED GRANITE BIT FOR SIGN REPLACEMENT 485705 Invoice 11/17/2022 TAPE FOR POSTING OF "NO PARKING" SIGNS 485733 Invoice 11/17/2022 NEW RED GRANITE BIT FOR SIGN REPLACEMENT 485776 Invoice 11/17/2022 VELCRO, BATTERIES, SPRINKLER WASHERS, MIS HARDWAI 486148 Invoice 11/17/2022 TOOLS FOR PUBLIC WORKS UNIT 11325 486367 Invoice 11/17/2022 BLUE THREADLOCKER & ADAPTER FOR POOL 486421 Invoice 11/17/2022 MISC HARDWARE FOR POOL REPAIRS 487050 Invoice 11/17/2022 MISC HARDWARE FOR CITY HALL REPAIR 487063 Invoice 11/17/2022 WOOD & FLAT HEAD SCREW DRIVER 487092 Invoice 11/17/2022 WOOD & SAW BLADE FOR CITY HALL REPAIR 487109 Invoice 11/17/2022 SHOVEL & SPRAY PAINT FOR PW SHOP 487298 Invoice 11/17/2022 BOLTS FOR STORM DRAIN FILTRATION 487686 Invoice 11/17/2022 WOOD & SCREWS FOR BRIDGE REPAIR 487764 Invoice 11/17/2022 FRUIT & VEGTABLE SEEDS FOR GARDEN 488041 Invoice 11/17/2022 LAMP HOLD FOR LIGHT REPAIR AT DOWNTOWN T 488055 Invoice 11/17/2022 SOCKET REDUCER FOR LIGHT REPAIR AT DOWNTOWN T 488083 Invoice 11/17/2022 GEL CAPS & FOAM INSULATION FOR DOWNTOWN LIGHT I 488213 Invoice 11/17/2022 BLUE TAPE FOR PUBLIC WORKS TRUCK SUPPLIES 488243 Invoice 11/17/2022 RAKE REPLACEMENT FOR PUBLIC WORKS USE 488359 Invoice 11/17/2022 WHITE TAPE & FLUIDMASTER REPAIR KIT 488441 Invoice 11/17/2022 NAILS FOR LIBRARY PICTURE HANGING 488636 Invoice 11/17/2022 STAPLES
489030 Invoice 11/17/2022 MALE/FEMALE COUPLINGS & ADAPTERS 489108 Invoice 11/17/2022 STAPLE GUN FOR STREET SIGNS
489169 Invoice 11/17/2022 GROMET KIT FOR DOWNTOWN T BANNER REPAIRS 489239 Invoice 11/17/2022 GARDENING SUPPLIES FOR COMMUNITY GARDEN 489287 Invoice 11/17/2022 BRASS FEMALE ADAPTOR, TEFLON TAPE FOR POOL REPAII 489349 Invoice 11/17/2022 ROLLER FRAME & ROLLERS FOR PAINTING 489641 Invoice 11/17/2022 STAPLES & GREEN TIE DOWNS FOR PW SHOP 489711 Invoice 11/17/2022 BLUE DUCT TAPE FOR AVOCADO FESTIVAL 489772 Invoice 11/17/2022 WAX, BAIT STATION & BOLTS FOR PARKS SUPPLIES J99329 Credit Memo 11/17/2022 CREDIT FOR OVERPAYMENT ON JUL22 STATEMENT COASTAL VIEW NEWS 11/17/2022 Virtual Payment 716.00 APA000984 59096 Invoice 11/17/2022 DOWNTOWN TRICK OR TREATING AD 10/27/22 59097 Invoice 11/17/2022 PLANNING COMMISSION MEETING ADVERTISING 10/27/2 COX BUSINESS 11/17/2022 Virtual Payment 135.99 APA000985 NOV22 001 3011 028450702 Invoice 11/17/2022 NOV22-VETS HALL INTERNET SERVICES EVERSHADE EXTERIOR CLEANING SOLUTIONS 11/17/2022 Virtual Payment 9,250.00 APA000986 10152 Invoice 11/17/2022 OCT22 CLEANING OF TRASH CANS ON CARP & LINDEN AV Page 3/5 EVERYWHERE RIGHT NOW 11/17/2022 Virtual Payment 1,305.00 APA000987 3296 Invoice 11/17/2022 FY22 ANNUAL WEBSITE HOSTING RENEWAL FOR LIBRARY 3301 Invoice 11/17/2022 SEP22-OCT22 WEBSITE PROGRAMMING FOR CITY WEBSl1 FOREVER REDWOOD 11/17/2022 Virtual Payment 9,097.87 APA000988 125282-CD Invoice 11/17/2022 CONSTRUCTION DEPOSIT FOR SKATE PARK PERGOLA FRONTIER COMMUNICATIONS 11/17/2022 Virtual Payment 305.09 APA000989 NOV22 805-684-4314-063022-S Invoice 11/17/2022 PHONE & INTERNET SERVICES FOR LIBRARY NOV22 805-684-7613-042205-S Invoice 11/17/2022 PHONE & INTERNET SERVICES FOR LG TOWER & BOATHOI GHD INC. 11/17/2022 Virtual Payment 3,313.02 APA000990
380-0013234 Invoice 11/17/2022 MAY22 LOCAL ROAD SAFETY PLAN GRAINGER 11/17/2022 Virtual Payment 1,378.80 APA000991
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RISDON'S 76 SERVICE 11/17/2022 Virtual Payment 120.00 APA000995 3917 Invoice 11/17/2022 CAR WASH FOR CODE COMPLIANCE UNIT #250 10/08/22 4073 Invoice 11/17/2022 CAR WASH FOR CODE COMPLIANCE UNIT #250 10/29/22 4345 Invoice 11/17/2022 CAR WASH FOR CODE COMPLIANCE UNIT #255 10/09/22 4547 Invoice 11/17/2022 CAR WASH FOR CODE COMPLIANCE UNIT #255 10/30/22 SHOWSCAPES 11/17/2022 Virtual Payment 18,500.00 APA000996 388331180 Invoice 11/17/2022 NOV22 LANDSCAPE SERVICES THROUGHOUT CITY SITEONE LANDSCAPE SUPPLY (ALL AROUND) 11/17/2022 Virtual Payment 274.10 APA000997 124082866-001 Invoice 11/17/2022 COUPLINGS & VALVE BOX FOR COMMUNITY GARDEN 124260951-001 Invoice 11/17/2022 MALE ADAPTERS & SOCKETS FOR BANNER POLE REPAIRS 124626280-001 Invoice 11/17/2022 SHOVEL & BROOM FOR PW TRUCK TOOLS 124715415-001 Invoice 11/17/2022 BROOM AND RAKE FOR PW TRUCK TOOLS SO CA EDISON 11/17/2022 Virtual Payment 16.39 APA000998 NOV22 700474689651 Invoice 11/17/2022 ELECTRICITY-4683 9TH ST SUN COAST RENTALS 11/17/2022 Virtual Payment 3,001.80 APA000999 54982 Invoice 11/17/2022 FORKLIFT RENTAL FOR AVOCADO FESTIVAL 54986 Invoice 11/17/2022 FORKLIFT RENTAL FOR AVOCADO FESTIVAL TRAFFIC TECHNOLOGIES LLC 11/17/2022 Virtual Payment 3,188.08 APA00lO00 42139 Invoice 11/17/2022 TRUCK LIGHTS, DECALS & GLUE FOR DECALS 42151 Invoice 11/17/2022 MAGNETIC LOGOS FOR UNIT #325
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VITAL RECO RDS CO NTROL 11/17/2022 Virtual Payment 2.65 APA001003 3015453 Invoice 11/17/2022 OCT22 CO NTRACTED SHRED DING SERVICES WILLIAMS SCOTSMAN INC. 11/17/2022 Virtual Payment 447.90 APA001004 9015888872 Invoice 11/17/2022 NOV22 LEASE FOR PARK & REC MOBILE OFFICE CalPERS HEALTH 11/10/2022 Bank Draft 52,201.81 DFT0002849 NOV22 PREMIUMS Invoice 11/10/2022 NOV22 HEALTH PREMIUMS CalPERS HEALTH 11/10/2022 Bank Draft 10,338.95 DFT0002850 NOV22 PREMIUMS CC Invoice 11/10/2022 NOV22 HEALTH PREMIUMS CC CalPER S 11/08/2022 Bank Draft 14,585.97 DFT0002851
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L1986461328 Invoice 11/16/2022 Q3 2022 UNEMPLOYMENT CHARGES

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 28, 2022

ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of October 18, 2022 through November 21, 2022.

STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of October 18, 2022 through November 21, 2022.

DISCUSSION
The City Manager is delegated authority by the Carpinteria Municipal Code (CMC), §2.08.1508, 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 October 18, 2022 through November 21, 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
November 28, 2022

Staff contact:

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

ATTACHMENT A
Report of Contracts Executed by the City Manager
Period of October 18, 2022 through November 21, 2022.

VENDOR PURPOSE AMOUNT
Benner and Carpenter Topographic Survey of Portion of $7,740.00 Carpinteria State Beach at the
Southerly End of Linden Avenue
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 28, 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
November 28, 2022
Page2

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

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

Table I
CASH ACTIVITY FOR THE MONTH:

Cash and Investment Beginning of the Month
Cash Receipts
Cash Disbursements
Cash and Investment End of the Month
$ 19,689,213.91
13,306,879.61
(14,451,271.91)
$ 18,544,821.61
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 October 3P
1 the portfolio's average days to maturity was 2.09 years, the average coupon rate was 1.68%, the average yield to maturity was 4.47%, the par value was $10,897,000 and Market Value was $10,284,499.08.

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 May 1, 2023. \\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Monthly City Treasurer's Report
November 28, 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 CARPINTERIA TREASURER'S REPORT
For the Month Ended October 2022
CASH ACTIVITY FOR THE MONTH:

Cash and Investment Beginning of the Month $ 19,689,213.91 Cash Receipts 13,306,879.61
Cash Disbursements (14,451,271.91}
Cash and Investment End of the Month $ 18 544 821.61
CASH AND INVESTMENT PORTFOLIO:

Type of lnvestment/CouponlCUSJP #
Yield to Maturity # Days to
Institution/Issuer Maturity Date Maturity Par Value Market Value (1) Book Value (2) Demand Deposit - General Checking Montecito Bank NIA NIA NIA 355,329.05 355,329.05 355,329.05 Demand Deposit - Premier Public Money Market Montecito Bank NIA 11/112022 1 747,095.63 747,095.63 747,095.63 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 9,418.86 9,418.86 9,418.86 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 110,708.91 110,708.91 110,708.91 Demand Deposit - Money Market Charles Schwab NIA 11/1/2022 1 3,197,014.31 3,197,014.31 3,197,014.31 Local Agency Investment Fund State of California 0.22% 11/112022 1 3,434,562.35 3,434,562.35 3,434,562.35 Treasury Note, 2.0%, (912828M80) U.S. Government 2.06% 11130/2022 30 175,000.00 174,726.56 174,454.00 Treasury Note, 2.125%, (912828N30) U.S. Government 2.24% 12131/2022 61 161,000.00 160,446.56 160,091.79 Treasury Note, 2.375%, (912828302) U.S. Government 2.50% 113112023 92 169,000.00 168,207.81 168,003.85 Treasury Note, 2.625%, (9128284A5) U.S. Government 2.60% 212812023 120 171,000.00 170,064.84 171,184.09 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.00% 313112023 151 250,000.00 247,070.30 251,327.50 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.56% 313112023 151 250,000.00 247,070.30 249,843.75 Treasury Note, 2.5%, (9128284D9) U.S. Government 0.08% 313112023 151 171,000.00 169,717.50 170,243.30 Treasury Note, 0.25%, (912828ZH6) U.S. Government 1.03% 4/1512023 166 250,000.00 245,312.50 247,820.56 Treasury Note, 1.625%, (912828R69) U.S. Government 1.87% 513112023 212 250,000.00 245,742.18 249,268.63 Treasury Note, 2.625%, (912828401) U.S. Government 2.84% 613012023 242 100,000.00 98,796.87 99,563.57 Treasury Note, 2.75%, (912828Y61) U.S. Government 0.06% 7131/2023 273 400,000.00 394,812.48 398,795.22 Treasury Note, 2.75%, (9128284X5) U.S. Government 0.01% 8131/2023 304 400,000.00 394,125.00 399,721.60 Treasury Note, 2.875%, (9 l 28285D8) U.S. Government 0.67% 913012023 334 250,000.00 246,289.05 249,335.00 Treasury Note, 2.875%, (9128285K2) U.S. Government 2.20% 10/31/2023 365 250,000.00 245,859.38 252,579.39 Treasury Note, 2.75%, (912828WE6) U.S. Government 2.23% 11/15/2023 380 250,000.00 245,156.25 252,049.66 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 12/31/2023 426 250,000.00 238,906.25 249,993.47 Treasury Note, 2.5%, (912828529) U.S. Government 0.06% 1/31/2024 457 200,000.00 194,718.74 199,388.94 Treasury Note, 2.375%, (9128286G0) U.S. Government 0.78% 2/29/2024 486 200,000.00 194,156.24 199,264.00 Treasury Note, 0.25%, (91282CBR1) U.S. Government 2.17% 3/15/2024 501 250,000.00 235,429.68 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S. Government 2.41% 4/30/2024 547 250,000.00 241,328.13 249,156.76 Treasury Note, 2.0%, (912828XT2) U.S. Government 1.11% 513112024 578 250,000.00 239,960.93 255,107.50 Treasury Note, 3.25%, (91282CFG 1) U.S. Government 4.30% 8/31/2024 670 250,000.00 244,296.88 245,158.84 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 9/15/2024 685 250,000.00 231,406.25 245,359.46 Treasury Note, 2.125%, (9128282Y5) U.S. Government 4.31% 9/30/2024 700 250,000.00 239,023.43 239,586.84 Treasury Note, 0.625%, (91282CDB4) U.S. Government 4.14% 10/15/2024 715 250,000.00 231,953.13 233,056.64 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 12/15/2024 776 250,000.00 232,500.00 250,079.39 Treasury Note, 1.125%, (912828ZC7) U.S. Government 1.29% 2/28/2025 851 250,000.00 231,562.50 248,740.00 Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 3/31/2025 882 250,000.00 239,687.50 260,224.61

CITY OF CAR PINT ERIA TREAS UR ER'S REPORT
For the Month Ended October 2022
Treasury Note, 0.25%, (9 I 2828ZTO) U.S. Government 1.25% 5/31/2025 943 250,000.00 224,531.25 241,660.01 Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 6/30/2025 973 250,000.00 224,257.80 239,598.86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 9/30/2025 1065 250,000.00 221,953.13 240,265.00 Treasury Note, 3.0%, (912828515) U.S. Government 4.09% 10/31/2025 1096 250,000.00 239,921.88 242,136.63 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12/31/2025 1157 250,000.00 220,507.80 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12/31/2025 1157 250,000.00 220,507.80 240,365.00 Treasury Note, 1.625%, (9 l 2828P46) U.S. Government 1.56% 2/15/2026 1203 250,000.00 228,671.88 250,595.69 Treasury Note, 0.5%, (91282CBQ3) U.S. Government 1.28% 2/25/2026 1213 250,000.00 219,882.80 242,113.19 Treasury Note, 0.75%, (91282CBT7) U.S. Government 1.28% 3/31/2026 1247 250,000.00 221,250.00 244,459.30 Treasury Note, 0.75%, (91282CCF6) U.S. Government 1.34% 5/31/2026 1308 250,000.00 220,000.00 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S. Government 1.35% 6/30/2026 1338 250,000.00 220,468.75 244,821.96 Treasury Note, 1.625%, (91282YQ7) U.S. Government 4.00% 10/31/2026 1461 250,000.00 225,117.18 227,869.30 Treasury Note, 2%, (91282U24) U.S. Government 4.31% 11/15/2026 1476 250,000.00 228,203.13 228,317.27 Treasury Note, 1.25%, (91282CDK4) U.S. Government 1.28% 11/30/2026 1491 250,000.00 221,328.13 249,602.02 Treasury Note, 2.25%, (9 l 2828V98) U.S. Government 4.29% 2/15/2027 1568 250,000.00 229,687.50 229,819.14 Treasury Note, 2.5%, (91282CEF4) U.S. Government 3.96% 2/16/2027 1569 250,000.00 231,953.13 235,031.06 Treasury Note, 3. 125%, (91282CFH9) U.S. Government 4.19% 8/31/2027 1765 250,000.00 237,929.68 238,232.21 18,751,129.11 18,138,628.19 18,544,821.61

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 11/01/22 through 5/01/23.

WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As of October 31, 2022 the weighted average days to maturity of the City's investment portfolio is 2.09 years.

FOOTNOTES TO REPORT/DEFINITION OF TERMS:
(I) The market value ofU.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. lt 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
November 28, 2022

ITEM FOR COUNCIL CONSIDERATION
Authorization for the City Manager to issue a Purchase Order in the amount of $36,095.00 for the renovation of the athletic fields at El Carro Park.

STAFF RECOMMENDATION
Authorize the City Manager to issue a Purchase Order in the amount of $36,095.00 for the renovation of the athletic fields at El Carro Park.

Sample Motion: I move to authorize the City Manager to issue a Purchase Order in the amount of $36,095.00 for the renovation of the athletic fields at El Carro Park.

BACKGROUND
El Carro Park spans from El Carro Lane (south) to Foothill Road (north) and is 9.75 acres in size. It is Carpinteria's most intensively used sports park. The park offers two large turf areas used as athletic fields for youth and adult sports. The area on the south consists of two baseball ball fields. The north portion is a soccer field. These fields see consistent, regular use with Little League, AYSO, adult soccer and other sports.

Playing field renovation work throughout the City's Park system has been identified as a deferred maintenance need and funding for annual work has been included in the adopted FY2022-23 Budget. It has been decades since El Carro Park fields were last comprehensively renovated so its playing fields have been selected for renovation work this year. Over time the playing field soil has become compacted, gopher burrow damage has caused uneven playing surfaces and weed infestation is contributing to poor turf conditions. Additionally, a renovation project such as this will necessarily involve irrigation system improvements.

DISCUSSION
An adequately maintained sports turf helps to protect the athletes from injury. A well maintained sports field will also improve the caliber of play.

El Carro Field Renovation
November 28, 2022

El Carro Park
Showscapes, the City's contracted landscape maintenance service provider, has prepared proposals for the additional services requested by the City. The proposed amount will pay for labor and equipment. Showscapes did not include materials in its quote at the City's request.

The City prefers to purchase needed quantities of soil mix, compost, seed mix, seed topper, decomposed granite baseball Infield dirt and necessary irrigation parts. The FY 2022-23 budget has adequate funds for these purchases.

G/Users/MatUPark-Rec/EICarroPark/Field Renovation Staff Report El Carro Field Renovation
November 28, 2022

This renovation will improve the fields' condition by leveling and grading, reducing compaction issues, restoring depleted soils, making irrigation adjustments and repairs, reducing weed infestations, as well as installing new infield mix and adjusting the bases for the baseball infields. .

The renovation will necessitate field closures of up to three months, beginning December 15
th and re-opening the weekend of March 18th (dependent on proper turf regrowth after seeding). This closure will include field signage and social media noticing. This time of year has been scheduled because it has the least impact on youth and adult sports programming; however, the closure will temporarily interrupt general field use, including use of the off-leash dog area.

Expected outcomes include:
• Remediate deteriorated turf and eliminate weed infestations • Improve irrigation efficiency/ lower water usage
• Improve surface playability
• Decrease risk of player injury/ improve general safety • Improved park ambiance.

POLICY CONSISTENCY
The City's General and Local Plan policy OSC-14 directs the City to pursue the provision of adequate parks and open space for all community members.

FINANCIAL CONSIDERATIONS
Adequate funds have been budgeted for this expenditure in account number 204-502- 5164

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
None.

OPTIONS

1. Approve recommended action

2. Not approve recommendation and proved direction to staff

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
A. Proposals from Showscapes
Staff contacts:

G/Users/Matt/Park-Rec/EICarroPark/Field Renovation Staff Report El Carro Field Renovation
November 28, 2022

Tiffany Smith, Parks Maintenance Supervisor
[email protected]
(805) 477-8401
Matt Roberts, Parks and Facilities Director
[email protected]
(805) 755-4449
Reviewed by:

Dave Durflinger, City Manager
[email protected]
(805) 755-4400
Signature
G/Users/Matt/Park-Rec/EICarroPark/Field Renovation Staff Report Attachment A
Proposals from Showscapes, Inc.

Field Renovations El Carro Park
,PROPOSAL
Showscapes
1200 Paseo Camarillo Suite 255
[email protected]
(805) 484-5849
I
Property Details
Property Name : Carpinteria El Carro Park
Creator : Jerry Monahan
Date : 8/19/2022 02:34 PM
Reference Number : 81920220234
Item Name Qty Retail Total *
LABOR HOURLY RATES-LABORER HOURLY RATE 143 9995.00
Notes : El Carro South Baseball field Turf Renovation. SCOPE OF WORK:

Herbicide treatments for weed control, scalp, double pass aeration, reseed, spread a 70/30 top soil mix and level lawn areas. Top dress infields with 1" inch of Angel mix supplied by city, grade and compact. PRICE INCLUDES ALL LABOR, TOP DRESSER EQUIPMENT ... IT DOES NOT INCLUDE MATERIALS OR TRACTOR. Estimated Material: 70/30 soil/amendment mix (150 yards), Seed Topper (150 yards), Angels DG infield mix (150 yards).

Sports Turf Pro Seed Mix (1,150 lbs).

IRRIGATION LABOR-IRRIGATION TECHNICIAN REPAIR (NORMAL

BUSINESS HOURS)
30 2650.00
Notes : Upgrade sprinklers and nozzles where necessary to improve head to head coverage for new turf renovation.

LABOR HOURLY RATES-EQUIPMENT OPERATOR HOURLY RATE 70 3850.00 Notes : Turf Top Dresser Equipment Rental
Total 243 16495.00
* The currency in this document is in US Dollar(s)
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PROPOSAL
Showscapes
1200 Paseo Camarillo Suite 255
[email protected]
(805) 484-5849
1 To approve this proposal, please go to your email and click approve or log into your Cappsure account.

Picture: 1
Item Name Qty Retail Total "
LABOR HOURLY RATES-LABORER HOURLY RATE 143 9995.00
Notes : El Carro South Baseball field Turf Renovation. SCOPE OF WORK:

Herbicide treatments for weed control, scalp, double pass aeration, reseed, spread a 70/30 top soil mix and level lawn areas. Top dress infields with 1" inch of Angel mix supplied by city, grade and compact. PRICE INCLUDES ALL LABOR, TOP DRESSER EQUIPMENT ... IT DOES NOT INCLUDE MATERIALS OR TRACTOR. Estimated Material: 70/30 soil/amendment mix (150 yards), Seed Topper (150 yards), Angels DG infield mix (150 yards).

Sports Turf Pro Seed Mix (1,150 lbs).
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PROPOSAL
Showscapes
1200 Paseo Camarillo Suite 255
[email protected]
(805) 484-5849
SHOW~ SCAPES
Uoe••1,-.;c, .. v ... .-,,
2 To approve this proposal, please go to your email and click approve or log into your Cappsure account.

Picture: 1
Item Name Qty Retail Total *

IRRIGATION LABOR-IRRIGATION TECHNICIAN REPAIR (NORMAL

BUSINESS HOURS)
30 2650.00
Notes : Upgrade sprinklers and nozzles where necessary to improve head to head coverage for new turf renovation.
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•"

PROPOSAL
Showscapes
1200 Paseo Camarillo Suite 255
[email protected]
(805) 484-5849
Property Details
Property Name : Carpinteria El Carro Park
Creator : Jerry Monahan
Date : 9/28/2022 04:11 PM
Reference Number : 9282022
Item Name Qty Retail Total *
LABOR HOURLY RATES-JOB FOREMAN HOURLY RA TE 160 12000.00 Notes : El Carro North Soccer field Turf Renovation. SCOPE OF WORK:

Herbicide treatments for weed control, scalp, double pass aeration, reseed, spread a 70/30 top soil mix and level lawn areas. PRICE INCLUDES ALL LABOR, TOP DRESSER EQUIPMENT ... IT DOES NOT INCLUDE
MATERIALS OR TRACTOR. Estimated Material: 70/30 soil/amendment mix (190 yards), Seed Topper (150 yards), Angels DG infield mix (150 yards).

Sports Turf Pro Seed Mix (1,100 lbs).

IRRIGATION LABOR-IRRIGATION TECHNICIAN REPAIR (NORMAL

BUSINESS HOURS)
50 3750.00
Notes : Upgrade sprinklers and nozzles where necessary to improve head to head coverage for new turf renovation.

LABOR HOURLY RATES-EQUIPMENT OPERATOR HOURLY RATE 70 3850.00 Notes: Turf Top Dresser Equipment Rental
Total 280 19600.00
* The currency in this document is in US Dollar(s)
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City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 28, 2022

ITEM FOR COUNCIL CONSIDERATION
Resolution No. 6176, a Resolution of the City Council of the City of Carpinteria Ratifying Carpinteria-Summerland Fire Protection District's Ordinance No. 2022-01 pursuant to Health and Safety Code §13869.?(c), which adopts the 2022 California Fire Code with amendments.

STAFF RECOMMENDATION
Adopt Resolution No. 6176, ratifying the Carpinteria-Summerland Fire Protection District's Ordinance No. 2022-01.

Motion: I move to approve and adopt Resolution No. 6176, as read by title only, ratifying the Carpinteria-Summerland Fire Protection District's Ordinance No. 2022-01 and direct staff to transmit the Resolution and Ordinance to the State Department of Housing and Community Development

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 (Draft Ordinance). The Ordinance, was provided for the Council's consideration and comment on October 24, 2022, prior to the District's second reading and adoption on November 2, 2022.

The Council considered the District's Draft Ordinance and was in support of a modification to the State Code that would lower the threshold of requiring fire sprinklers for residential remodels from 75% to 50% of the existing structure (4-0 with Councilmember Carty absent).

On November 2, 2022, the District held a second reading and adopted Ordinance No 2022-01. A request that City Council ratify the adopted ordinance was transmitted to the City on November 4, 2022 (Attachment A).
24938168.1
2022 Fire Code Resolution No. 6176
November 28, 2022

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 as described above, the District had provided a Draft Ordinance for the City's consideration prior to adoption by the District.

The District's Ordinance No. 2022-01 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 also amended by the District.

The District has 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. Resolution 6176, along with the District's adopted Ordinance No. 2022-01, 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.

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. At the October 24
th hearing, the District indicated that
looking back from 2019 to present, 10 homes met the 75% threshold to require N:\Project Files\2022 (2139- )\Fire Code Adoption 2022\Approved Ordinance\Fire Code Ratification SR 11.28.2022 .docx
24938168.1
2022 Fire Code Resolution No. 6176
November 28, 2022

sprinklers. If the threshold would have been at 50%, 5 additional homes would have met the threshold to require sprinklers.

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 13869.7(b) & 17958.7(a).

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

OPTIONS

1. Approve and adopt Resolution No. 8175, as read by title only, ratifying the Carpinteria-Summerland Fire Protection District's Ordinance No. 2022-01 and direct staff to transmit the Resolution and Ordinance to the State Department of Housing and Community Development. (Staff Recommendation)

2. Direct staff to return with modification(s) to the Ordinance.

3. Deny the District's request for ratification of the Ordinance.

PRINCIPAL PARTIES EXPECTED AT MEETING
Fire Marshal Michael LoMonaco, CSFPD

ATTACHMENTS
Attachment A November 4, 2022 letter requesting Ratification of Ordinance 2022-01 Attachment B Resolution No. 6176, with Ordinance No. 2022-01 attached Staff contact: Steve Goggia, COD Director
(805) 755-4414, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
N:\Project Files\2022 (2139- )\Fire Code Adoption 2022\Approved Ordinance\Fire Code Ratification SR 11.28.2022 .docx
24938168.1
Attachment A November 4, 2022 letter requesting
Ratification of Ordinance 2022-01
Todd A. Am spoker
Kristen M. H. Blabey
Shannon D. Boyd
Timothy M. Cary
Melissa]. Fassett
Ian M. Fisher
Jeremy M. Frankel
Arthur H. Gaudi
Cameron Goodman
Christopher E. Haskell
james I-I. IIurlcy.]r.

Eric P. Hvolbell
Mark S. Manion
Steven K. McGuire
!■I PRICE, POSTEL & PARMA LLP
Counsellors at Law
200 Easl Carrillo Street, Suite 400
Santa Barbara, CA 93101-2190
Mailing Address: P.O. Box 99
Santa Barbara, CA 93102-0099
Timothy E. Metzinger
Shereef Moharram
Craig A. Parton
Hana Princip
Paul A. Roberts
Peter D. Slaughter
Jeremy D. Slone
David \V. Van Home
C.E. Chip Wullbrandt
Ryan D. Zick
www.ppplaw.com
Ph (805) 962-0011 Fax (80.5) 965-3978
Our File Nwnber:
12068-24
E-mail: [email protected]
CA.t\1ERON PARK OFFICE
3330 Cameron Park Drive, Sui Le I 00
Cameron Park, CA 9.5682-7652
Ph (805) 962-0011
Fax (805) 965-3978
November 4, 2022

VIA EMAIL ONLY
Steve Goggia
Community Development Director
City of Carpinteria
5775 Carpinteria Ave
Carpinteria, CA 93013
[email protected]
Re: City Council Ratification of Carpinteria-Summerland Fire Protection District Ordinance 2022-01 -Adoption of 2022 California Fire Code with Amendments Dear Mr. Goggia:

This firm represents the Carpinteria-Summerland Fire Protection District ("District").

Attached hereto is a copy of the District's Ordinance No. 2022-01 dated November 2, 2022 ("Ordinance"). The Ordinance is being sent to the Carpinteria City Council pursuant to the provisions of Health and Safety Code section 13869.7, a copy of which is attached for your information and convenience.

Section 13 869. 7 provides that the District "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." The District has elected to adopt more stringent standards and the proposed standards are set forth in the Ordinance.

Sections 13869.7(a) and 17958.7 provide that before the District may adopt such an ordinance, the District "shall make an express finding that the Ordinance is reasonably necessary Mr. Steve Goggia
Re: City Council Ratification of Carpinteria-Summer land Fire Protection District Ordinance No. 2022-01 -Adoption of2022 California Fire Code with Amendments November 4, 2022

because of local climatic, geological or topographical conditions. The findings shall be available as a public record." The District's "express findings" are set forth in Section 8 of the Ordinance.

Section 13869.?(b) also provides that the District "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 ... to the ... city and county where the ordinance will apply. The ... city and county ... may provide the district with written comments which shall become a part of the fire protection district's public hearing record." Copies of the Ordinance were previously provided to you on or about September 30, 2022.

Finally, Section 13869.?(c) provides that the District "shall transmit the adopted ordinance to the ... city and county where the ordinance will apply. The legislative body of the ... city and county, may ratify, modify, or deny an adopted ordinance and transmit its determination to the district within 15 days of the determination." Upon ratification by the County and the City of Carpinteria, the Ordinance will become effective as of the date of ratification.

In addition, following the City's ratification of the District's ordinance, Section 13869.?(c) requires that the City forward a copy of the District's Ordinance to the Department of Housing and Community Development.

There are no direct fiscal, facilities, or staffing impacts to the City in connection with the City Council's ratification of the Ordinance. This letter of notification shall serve as a request for consideration by the Carpinteria City Council for ratification of the Ordinance at the next City Council meeting.

The District and this office are both looking forward to working with the City on this matter in order that the building standards as set forth in the Ordinance shall become effective in the interest of public safety and health in the Carpinteria-Summerland Fire Protection District area at the earliest possible date. Should you have any questions concerning any of the attachments and the procedures to be followed, please feel free to contact the undersigned or Chief Greg Fish at the District. Thank you.

Very truly yours,
C
~
ameron Goodman
for PRICE, POSTEL & PARMA LLP
Attachments
Attachment B Resolution No. 6176, with Ordinance No.
2022-01 attached
ORDINANCE NO. 2022-01
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 I. 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 Fire Code ("CFC"), and the Carpinteria-Summerland Fire Protection District Development Standards ("Development Standards"), hereinafter collectively known as the Fire Code of the 1 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, Creation of Agency, 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 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." 2 (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 oflaw, 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.

Q1) 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.
(a) Section 308.1.4, Open-flame cooking devices, is deleted in its entirety. 3 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." (t) 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 of residential 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." (j) Section 510.4.2.9, Building conduit and pathway survivability, is added to read as follows:
"All new non-residential buildings shall be constructed with not less than a two inch (2 11) 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 NFPA 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 in existing buildings and structures shall be provided in the locations described by section 903 .2.22 and section 1103.5 as amended."
5 (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 Fit-e 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 strncture. 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 strncture 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. (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 strncture.
6 3. Cmnulative Square Footage. For purposes of measuring cumulative square footage, the District shall include all additions or modifications occurring on or after J anuary 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 1" 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."
(fj 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." (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 7 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:
l. 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 l '' 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." (c) Section 1205.2.1.4, Flat and Alteniativc 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 8 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 Jack 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, is amended to add the following:
"Buildings and structures within the High Fire Hazard Area shall maintain defensible space as outlined in Government Code 5117 5-51189 and any local ordinance or standard of the authority having jurisdiction."
9 (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."
(0 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 located from 30 feet to 100 feet (9144 1mn to 30,480 mm) from such buildings or structures.
10 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 13 879 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 13879, 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-Summerland 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."
XL Chapter 57, FLAMMABLE AND COMBUSTIBLE LIQUIDS
(a) Sections 5704.2.9.6.l 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.
(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." 12 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 Cl03.1 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 C102.l. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections Cl03.2 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 R3 l 3 is amended and changed as follows:
(a) Section R313 .1, Exception, is deleted in its entirety and replaced with the following:
"1. 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.

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."
13 (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. (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 14 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 Comity for an order restraining or enjoining such act(s) orpractice(s), a permanent or temporary injunction, restraining order or other corrective order may be granted.
(d) 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. @ 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.

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:
15 The area within which the District is located regularly experiences strong, hot, dusty, and down canyon winds referred to locally as "Sundowners" or "Santa Anas". 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).

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, 16 Section 10. Effective Date and Publication.
(a) Effective Date. This Ordinance was introduced for first reading on October 5, 2022, and passed on November 2, 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 tbe 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 CARPrNTERlA SUMMERLAND FIRE PROTECTION DISTRICT on this 2nd day of November 2022, by the following vote:

AYES: Cawthon, Jenkins, Guravitz, McGlade, Nicoli
NAYS: none
ABSTArN: none
ABSENT: none
ATTEST:
)
) ss.

COUNTY OF SANT A 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 f-t.111, true and correct copy of the California Fire Code hereby adopted Ordinance No. 2022-01 of said District, adopted at a regular meeting of the Governing Board, held on the 2nd day of November, 2022, at which meeting a quorum of the Governing Board was present and acting tlu·oughout, and that the same has not been amended or repealed.

DATED: This 2
nd day of November 2022.
18 allowing greater fire suppression coverage, and preventing unn ecessary 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 oflow 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.

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 Carp interia-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 irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses, phrases or words may be unconstitutional or invalid.
17 RESOLUTION NO. 6176

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CARPINTERIA RATIFYING AN ORDINANCE OF THE

CARPINTERIA-SUMMERLAND FIRE PROTECTION

DISTRICT WHICH AMENDS AND ADOPTS BY
REFERENCE THE 2022 CALIFORNIA FIRE CODE
WHEREAS, on November 2, 2022, the Carpinteria-Summerland Fire Protection District adopted Ordinance No. 2022-01, which includes building standards relating to fire and panic safety that are more stringent than those adopted by the State Fire Marshal and contained in the California Building Standards Code. A copy of Ordinance No. 2022-01 is attached to this Resolution and incorporated herein by reference; and
WHEREAS, in accordance with Health and Safety Code Sections 13869.7(a) and 17958.7, the Carpinteria-Summerland Fire Protection District adopted findings in Section 8 of Ordinance No. 2022-01 which provide that the adoption of the Ordinance is reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, in accordance with Health and Safety Code Section 13869.7(c), the City Council may ratify, modify or deny Carpinteria-Summerland Fire Protection District Ordinance No. 2022-01; and
WHEREAS, upon ratification of Ordinance No. 2022-01, the City shall submit a copy of this resolution and Ordinance No. 2022-01, and associated findings, to the California Department of Housing and Community Development.

NOW, THEREFORE, BE IT RESOLVED as follows:

The Carpinteria-Summerland Fire Protection District Ordinance No. 2022-01 and the associated findings, attached hereto as Attachment A and incorporated in full by reference, are ratified.

PASSED, APPROVED AND ADOPTED on November 28, 2022, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):
24938295.1
Resolution No. 6176
Page two
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 November 28, 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
Attachment A: Carpinteria-Summerland Fire Protection District Ordinance No. 2022-01
24938295.1
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 28, 2022

ITEM FOR COUNCIL CONSIDERATION
Annual Report of the City's Development Impact Fee Program and Updating the Capital Improvement Plan.

STAFF RECOMMENDATION
Adopt Resolution No. 6177, Updating the City's Capital Improvement Plan and Approving and Accepting the Annual Report on the City's Development Impact Fee Program.

Sample Motion: I move to adopt Resolution No. 6177, as read by title only.

BACKGROUND
To offset the demands on public facilities generated by new development, the City has established a Development Mitigation Fee Program and collects eleven categories of Development Impact Fees (DIFs). Public improvement projects, also known as Capital Projects, are included in the City's Capital Improvement Plan that have been determined to be necessary to respond to the demands placed on public facilities by development. The amount of each DIF is based on a determination made in a study 1 of
the portion of Capital Improvement Plan costs, i.e., the "fair share" attributable to new development projects. The fees are collected under the authority of the California Mitigation Fee Act, Government Code Sections 66000 et seq.

The Mitigation Fee Act requires implementing agencies follow certain reporting and accounting requirements. The City's DIF program is established in the City's Municipal Code (Chapter 15.80). Each year, the City prepares an Annual Report on the Development Mitigation Fee Program, including making any requisite findings. As required by the Mitigation Fee Act, the Annual Report, including the appropriate findings, and the Capital Improvement Plan, are presented at a public hearing for the Council's determination as to adequacy and compliance with State and Local regulations.
1 2017 Development Impact Fee Report, City of Carpinteria dated August 24, 2017 Annual Review of DIF/CIP Programs
November 28, 2022

The City currently collects the following DIFs:
• Streets & Thoroughfares
• Highways and Bridges
• Traffic Control Facilities
• General Government Facilities
• Storm Drain Facilities
• Park Land Acquisition
• Park and Recreation Facilities
• Open Space
• Aquatics Facilities
• Parking Facilities
• Quimby
The complete list of DIFs with descriptions is attached as Exhibit 1 of the proposed Resolution No. 6177.

The City also collects fees for park acquisition, known as Quimby fees, as a condition of approval of residential subdivisions in accordance with Government Code Section 66477 and Carpinteria Municipal Code Chapter 16.24. Collection of Quimby fees also requires certain reporting and accounting. For the purposes of this report, the ten DIFs listed above and the Quimby fees are collectively referred to as DIFs.

The purpose of this matter is to review and update the City of Carpinteria's (City) Capital Improvement Plan and Development Impact Fee program. Additionally, proposed Resolution No. 6177 will update the City's Development Impact Fees. The new fees will apply to new development constructed after July 1, 2022 until they are updated in the future.

Resolution No. 6177, with all its exhibits, serves as the Annual Report required under the Mitigation Fee Act. Resolution No. 6177 includes the required findings for City Council consideration and approval, and updates the Capital Improvement Plan project cost estimates.

DISCUSSION
Development Impact Fee Annual Reporting
For DIFs collected pursuant to the Mitigation Fee Act, Government Code Section 66006 (b) requires that specific information be included in the Annual Report. The following is a list of those requirements and a corresponding reference to where that information can be found is in parentheses.

A. A brief description of the type of fee in the account or fund (see Exhibit 1 of the attached Resolution).

B. The amount of the fees (see Exhibits 2 and 3 of the attached Resolution).

C. The beginning and ending balance of the account or fund (see Exhibit 5 of the attached Resolution).

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November 28, 2022

D. The amount of the fees collected and the interest earned (see Exhibit 5 of the attached Resolution).

E. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement funded with fees, including the percentage of the total cost of the public improvement that has been expended to date with the fees (see Table 1 below).

F. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete, per Government Code Section 66001 (a)(2) (see Exhibit 4 of the attached Resolution).

G. A description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (No inter-fund transfers have been made.)
H. The amounts of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. (No refunds or allocations have been made.)
Government Code Section 66001 (d) requires that for the fifth year following the first deposit into a DIF account or fund, and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:

1. Identify the purpose for which the fee is to be put;

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;

3. Identify all sources and amounts of funding anticipated to complete financing for incomplete improvements; and

4. Designate the approximate dates on which the funding referred to in item 3 above is expected to be deposited into the appropriate account or fund.

Since many of the DIF categories had different start years, the five-year findings for all categories of DIFs are presented every year with the Annual Report. The five-year findings are included in the attached Resolution.

Quimby Act Fees
Fees collected by the City pursuant to the Quimby Act, Government Code Sections 66477 et seq., and Carpinteria Municipal Code Chapter 16.24, Park and Recreation Facilities Dedication and Fees, are accounted for and reported pursuant to procedures established in State and local P:\PW Boards & Committees\CC\2022\112822\Annual CIP-DIF Review\20221128_DIF CIP Annual Review SR_draft.docx
Annual Review of DIF/CIP Programs
November 28, 2022

regulations, which require:

1. Development of a schedule specifying how, when, and where it will use the land or fees or both to develop park and recreational facilities to serve residents of the subdivision; and

2. Commitment of any fees to approved projects within five years of the date they were collected. (Gov. Code §66477(a)(6)(A).)
Exhibit 4 of the attached Resolution sets forth the Parks & Recreation Property Acquisitions to which Quimby funds will be allocated. All future Quimby fees collected are committed to the property acquisition projects on the list.

Quimby fees are collected for the acquisition of parklands through non-commercial residential projects that include subdivisions. Continued increases in the development of dwelling units and mobile home spaces in the City, combined with the resulting increase in population of the City, has created a need for expansion of public parks, playgrounds and recreation facilities to serve the population of the City.

Table 1, below, identifies capital improvement projects for which development impact fund money was spent during Fiscal Year 2021-2022 as well as DIF money spent in previous fiscal years.

TABLE 1
DIF Funds DIF Funds
Total %Total
Project
Expended in Expended in
Amount Cost
Number
Project Name DIF Category Estimated Cost
Expended To Expended
Previous FYs FY 2021-22
Date To Date
Carpinteria Avenue
Highways &
Hl-07 Bridge over
Bridges
$12,661,390 $400,906.05 $8,853.78 $409,759.83 3.24%
Carpinteria Creek
East Via Real Storm Storm Drain
SD-02 $1,093,063 $67,316.36 $31,712.99 $99,029.35 9.06% Drain Facilities
Acquire Easements
Park Land
PR-35 and Construct Trails $1,035,434 $20,505.63 $6,890.51 $27,396.14 2.65% at Bluff I and II
Acquisition
Park &
PR-42 La Concha Park Recreation $647,800 $3,812.50 $50.00 $3,862.50 0.60% Facilities
Carpinteria Avenue Traffic Control
TC-01 $251,301 $16,021.35 $42,277.48 $58,298.83 23.20% & Palm Avenue Facilities Carpinteria
PR-34 Creekside Parcel Open Space $352,388 $2,500.00 $83,137.58 $85,637.58 24.30% Acquisition
2021 Pavement
Streets &
TBD Rehabilitation
Thoroughfares
$3,343,000 $0.00 $111,000.00 $111,000.00 3.32%
Project
Total $283,922.34
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Capital Improvement Program
The Annual DIF Report includes adjustments to the project cost estimates of the Capital Improvement Program. The adjustments are made using the price index established in Carpinteria Municipal Code Section 15.80.160, to ensure that estimated construction costs for planned capital improvements in the City reflect actual costs, including keeping up with inflation.

The adopted cost estimates are a part of Exhibit 4, attached. Each cost estimate in Exhibit 4 is based on an improvement-specific analysis. The Capital Improvement Program (CIP) and Development Impact Fee (DIF) Program were last updated in 2021. DIF funds are committed to the projects identified for each type of public improvements for which DIFs are collected. The Open Space, Aquatics and Parkland Acquisition DIFs are committed to specific projects identified on Exhibit 4 of Resolution No 6177.

POLICY CONSISTENCY
The City's annual reporting procedure is consistent with AB 1600 (Mitigation Fee Act), codified as Government Code Sections 66000 et seq. and the City's Municipal Code, in particular, Chapter 15.80.

FINANCIAL CONSIDERATIONS
Collection of Development Impact Fees and other Fees contributes revenue necessary for the City to fund the construction of the public improvements contained in the City's Capital Improvement Plan.

DIFs and Quimby fees are adjusted automatically on July 1 st of each year in accordance with
the procedures established in Carpinteria Municipal Code Section 15.80.050 and 16.24.080, respectively. Exhibit 2 shows the adjusted DIFs, without the Parks and Recreation Fees.

Exhibit 3 shows the adjusted Parks and Recreational Fees. These fees were adjusted using the sales report data provided by the Santa Barbara County Assessor's Office in accordance with Municipal Code Sections 15.80.050(A), and 16.24.080(C).

As of June 30, 2022, the 21/22 Fiscal Year end balances (audited) are as follows, and are also shown on Exhibit 5 of Resolution No. 6177.

GENERAL GOVERNMENT FACILITIES DIF $29,147.23
HIGHWAY & BRIDGES DIF $854,432.15
STORM DRAIN FACILITIES DIF $293,311.40
TRAFFIC CONTROL FACILITIES DIF $298,605.04
STREETS & THOROUGHFARES DIF $103,999.94
PARKING FACILITIES DIF $132,473.53
PARK LAND ACQUISITION DIF1 $34,764.32
PARK & RECREATION FACILITIES DIF $182,479.92
AQUATIC FACILITIES DIF $55,980.35
OPEN SPACE DIF $38,076.97
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QUIMBY FEES $360,896.69
TOTAL $2,384,167.54
I. Park Land Acquisition DIF is a carry-over from the previous DIF Program and is no longer collected.

LEGAL
Notice of this Public Hearing appeared in the Coastal View Newspaper on November 17 and 24, 2022 consistent with Government Code sections 66002, 65090 and 65094.

OPTIONS

1. Adopt Resolution No. 6177, thereby approving and adopting the Development Impact Fee Annual Report and updating the City's Capital Improvement Plan (staff recommendation).

2. Direct staff to amend the Resolution as determined appropriate and adopt the Resolution as amended.

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

ATTACHMENTS
Attachment A: Proposed Resolution No. 6177 (5 Exhibits) Staff contact:

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

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

Dave Durflinger, City Manager
(805) 755-4400; [email protected]
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ATTACHMENT A
Proposed Resolution No. 6177
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RESOLUTION NO. 6177

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

UPDATING THE CITY'S CAPITAL IMPROVEMENT PLAN

AND APPROVING AND ACCEPTING THE ANNUAL REPORT ON THE CITY'S

DEVELOPMENT IMPACT FEE PROGRAM
WHEREAS, on January 24, 1994, the City Council adopted Ordinance No. 500, which established the City's Development Impact Fee program; and WHEREAS, by Resolution Nos. 5749 and 5750, adopted September 25, 2017, the City Council adopted the City's 2017 Development Impact Fee Report and established a Development Impact Mitigation Fee Schedule for Development within the City of Carpinteria, respectively; and
WHEREAS, on November 22, 2021, via adoption of Resolution No. 6077, the City Council last approved the updated Capital Improvement Plan and the City's Annual Report on the City's Development Impact Fee Program; and WHEREAS, Carpinteria Municipal Code Chapter 15.80 provides for an annual review of the Capital Improvement Plan, and Section 15.80.160 provides for an annual review of both the City's Development Impact Fee Program and the balance of funds currently maintained in the City's various Development Impact Fee accounts; and WHEREAS, Carpinteria Municipal Code Chapter 16.24 provides for the City's collection of Quimby Act fees collected pursuant to Government Code Sections 66477 et seq.; and
WHEREAS, the documents that collectively reflect the balance in each Development Impact Fee and Quimby fee account, the fee balance, interest, credits, income, and the amount of expenditure by public facility and the amount of refunds made for the fiscal year ("the Document"), have been available for public review as required by law.

NOW, THEREFORE BE IT RESOLVED as follows:

SECTION 1.

The foregoing recitals are true and correct and incorporated in this Resolution by this reference.

SECTION 2.

The City Council finds that new development in the City will generate Resolution No. 6177

additional demands on public facilities throughout the City, and will contribute to the impact upon public facilities.

SECTION 3.

The City Council finds that the use to which the fees will be put is construction of public improvements at estimated costs described in the Capital Improvement Plan, and determines that there is a continued need for these improvements and that there is a reasonable relationship between such need and the type of development projects on which the fee is imposed, as such reasonable relationship is described in more detail in the City's Development Impact Fee Program and the Capital Improvement Plan.

SECTION 4.

The City Council finds that the fees expected to be generated by new development will not exceed the costs for construction of public facilities set forth in the Capital Improvement Plan.

SECTION 5.

The City Council finds that there is a reasonable relationship between the fees' use and the type of development for which the fees are charged, as these reasonable relationships are described in more detail in the City's Development Impact Fees Program and Capital Improvement Plan.

SECTION 6.

The City Council finds the cost estimates set forth in the Capital Improvement Plan (as amended) are reasonable cost estimates for the public facilities contained in the Capital Improvement Plan, and that the fees expected to be generated by new development will not exceed the costs for construction of the public facilities set forth in the Capital Improvements Plan.

SECTION 7.

The City Council approves the amendment to the City's Capital Improvement Plan as shown in Exhibit 4.

SECTION 8.

The City Council approves the annual financial report for Development Impact Fees and Quimby Fee for Fiscal Year 2021-2022.

SECTION 9.

Resolution No. 6177

The City Council approves and adopts Exhibits 1-5, inclusive, attached hereto, which include the FY 2022-2023 Development Impact Fees and Quimby fees set forth in Exhibits 2 and 3, and commits the Development Impact Fees and Quimby fees reflected in Exhibit 5 dedicated to the public improvement projects contained in Exhibit

4. SECTION 10.

As to funds on deposit in the General Government Facilities Fund, the City Council finds as follows:
a) The purpose of the General Government Facilities Fund is to Finance the Construction of General Government Facilities as detailed further in Exhibit 4. b) A reasonable relationship between the General Government Facilities Development Impact Fee and its purpose exists, in that the City's DIF Report, as updated, demonstrates that the General Government Facilities DIF is assessed to new development in proportion to such development's impacts on necessary General Government Facilities.
c) The sources and amounts of funding for General Government Facilities, identified in the City's Capital Improvement Plan, are identified as shown in Exhibit 4.
d) The approximate dates on which the funding to construct the General Government Facilities, identified in the City's Capital Improvement Plan, are expected to be deposited into the General Government Facilities Fund are shown in Exhibit 4.

SECTION 11.

As to funds on deposit in the Highways and Bridges Fund, the City Council finds as follows:
a) The purpose of the Highways and Bridges Fund is to finance the construction of highway interchanges and bridges as detailed further in Exhibit 4. b) A reasonable relationship between the Highways and Bridges Development Fee and its purpose exists, in that the City's DIF Report, as updated, demonstrates that the Highways and Bridges DIF is assessed to new development in proportion to such development's impacts on necessary highways interchanges and bridges.
c) The sources and amounts of funding for Highway and Bridges Facilities, identified in the City's Capital Improvement Plan, are identified as shown in Resolution No. 6177

Exhibit 4.
d) The approximate dates on which the funding to construct the Highway and Bridges Facilities, identified in the City's Capital Improvement Plan, are expected to be deposited into the Highway and Bridges Fund are shown in Exhibit 4.

SECTION 12.

As to funds on deposit in the Storm Drain Facilities Fund, the City Council finds as follows:
a) The purpose of the Storm Drain Facilities Fund is to finance the construction of storm drains as detailed further in Exhibit 4.
b) A reasonable relationship between the Storm Drain Facilities Fund Development Impact Fee and its purpose exists, in that the City's DIF Report, as updated, demonstrates that the Storm Drain Facilities DIF is assessed to new development in proportion to such development's impacts on essential storm drains.
c) The sources and amounts of funding for Storm Drain facilities, identified in the City's Capital Improvement Plan, are identified as shown in Exhibit 4. d) The approximate date on which the funding to construct the Storm Drain facilities, identified in the City's Capital Improvement Plan, is expected to be deposited into the Storm Drain Facilities Fund is shown in Exhibit 4.

SECTION 13.

As to funds on deposit in the Streets & Thoroughfares Fund, the City Council finds as follows:
a) The purpose of the Streets & Thoroughfares Fund is to finance the construction of Streets & Thoroughfares as detailed further in Exhibit 4. b) A reasonable relationship between the Streets & Thoroughfares Development Impact Fee and its purpose exists, in that the City's DIF Report, as updated, demonstrates that the Streets & Thoroughfares DI F is assessed to new development in proportion to such development's impacts on necessary Streets & Thoroughfares.
c) The sources and amounts of funding for Streets & Thoroughfares, identified in the City's Capital Improvement Plan, are identified as shown in Exhibit 4.

Resolution No. 6177

d) The approximate dates on which the funding to construct the Streets & Thoroughfares, identified in the City's Capital Improvement Plan, are expected to be deposited into the Streets & Thoroughfares Fund as shown in Exhibit 4.

SECTION 14.

As to funds on deposit in the Open Space Fund, the City Council finds as follows:
a) The purpose of the Open Space Fund is to finance the acquisition of Park Open Space acreage as detailed further in Exhibit 4.
b) A reasonable relationship between the Open Space Development Impact Fee and its purpose exists, in that the City's DIF Report, as updated, demonstrates that the Open Space DIF is assessed to new development in proportion to such development's impacts on necessary Park Open Spaces.
c) The sources and amounts of funding for Open Space, identified in the City's Capital Improvement Plan, are identified as shown in Exhibit 4. d) The approximate dates on which the funding to acquire Open Space, identified in the City's Capital Improvement Plan, are expected to be deposited into the Open Space Fund are as shown in Exhibit 4.

SECTION 15.

As to funds on deposit in the Parking Facilities Fund, the City Council finds as follows:
a) The purpose of the Parking Facilities Fund is to finance the construction of Parking facilities as detailed further in Exhibit 4.
b) A reasonable relationship between the Parking Facilities Development Impact Fee and its purpose exists, in that the City's DIF Report, as updated, demonstrates that the Parking Facilities DIF is assessed to new development in proportion to such development's impacts on necessary Parking facilities. c) The sources and amounts of funding for Parking facilities, identified in the City's Capital Improvement Plan, are identified as shown in Exhibit 4. d) The approximate dates on which the funding to construct the Parking facilities, identified in the City's Capital Improvement Plan, are expected to be deposited into the Parking Facilities Fund are as shown in Exhibit 4.

SECTION 16.

Resolution No. 6177

As to funds on deposit in the Traffic Control Facilities Fund, the City Council finds as follows:
a) The purpose of the Traffic Control Facilities Fund is to finance the construction of Traffic Control equipment as detailed further in Exhibit 4. b) A reasonable relationship between the Traffic Control Facilities Development Impact Fee and its purpose exists, in that the City's DIF Report, as updated, demonstrates that the Traffic Control Facilities Fund DIF is assessed to new development in proportion to such development's impacts on necessary Traffic Control equipment.
c) The sources and amounts of funding for Traffic Control equipment, identified in the City's Capital Improvement Plan, are identified as shown in Exhibit 4. d) The approximate dates on which the funding to construct the Traffic Control equipment, identified in the City's Capital Improvement Plan, are expected to be deposited into the Traffic Control Facilities Fund are as shown in Exhibit 4.

SECTION 17.

As to funds on deposit in the Park Land Acquisition Fund, the City Council finds as follows:
a) The purpose of the Park Land Acquisition Fund is to finance the acquisition of land for parks as detailed further in Exhibit 4.
b) A reasonable relationship between the Park Land Acquisition Fee and its purpose exists, in that the City's DIF Report, as updated, demonstrates that the Park Land Acquisition Fund DIF is assessed to new development in proportion to such development's impacts on necessary Park facilities. c) The sources and amounts of funding for Parks, identified in the City's Capital Improvement Plan, are identified as shown in Exhibit 4. d) The approximate dates on which the funding to construct the acquisition of Parks, identified in the City's Capital Improvement Plan, are expected to be deposited into the Park Land Acquisition Fund as shown in Exhibit 4.

SECTION 18.

As to funds on deposit in the Aquatic Facilities Fund, the City Council finds as follows:

Resolution No. 6177

a) The purpose of the Aquatic Facilities Fund is to finance the construction of Park Aquatics facilities as detailed further in Exhibit 4.
b) A reasonable relationship between the Aquatic Facilities Development Impact Fee and its purpose exists, in that the City's DIF Report, as updated, demonstrates that the Aquatic Facilities Fund DIF is assessed to new development in proportion to such development's impacts on necessary Park Aquatics facilities.
c) The sources and amounts of funding for Aquatic facilities, identified in the City's Capital Improvement Plan, are identified as shown in Exhibit 4. d) The approximate dates on which the funding to construct the Aquatic facilities, identified in the City's Capital Improvement Plan, are expected to be deposited into the Aquatic Facilities Fund as shown in Exhibit 4.

SECTION 19.

As to funds on deposit in the Park and Recreation Facilities Fund, the City Council finds as follows:
a) The purpose of the Park and Recreation Facilities Fund is to finance the design and construction for parks as detailed further in Exhibit 4. b) A reasonable relationship between the Park and Recreation Facilities Development Impact Fee and its purpose exists, in that the City's DIF Report, as updated, demonstrates that the Park and Recreation Facilities Fund DIF is assessed to new development in proportion to such development's impacts on necessary Park and Recreation Facilities.
c) The sources and amounts of funding for Park and Recreation Facilities, identified in the City's Capital Improvement Plan, are identified as shown in Exhibit 4. d) The approximate dates on which the funding to construct the Park and Recreation Facilities, identified in the City's Capital Improvement Plan, are expected to be deposited into the Park and Recreation Facilities Fund as shown in Exhibit 4.

SECTION 20.

As to funds on deposit in the Quimby Fund, the City Council finds as follows:
a) All the requirements of Government Code section 66477 continue to be satisfied for the City's Park and Recreation Facilities Dedication and Fees Program, codified in Carpinteria Municipal Code Chapter 16.24.

Resolution No. 6177

b) The Quimby fees set forth in Exhibit 3 attached hereto are approved, and all fees reflected in Exhibit 5 are committed to the parks and recreation acquisition projects contained on Exhibit 4.

SECTION 21.

The adoption of this Resolution is not a project under the California Environmental Quality Act because it is the creation of a government funding mechanism that does not involve any commitment to any specific project. (CEQA Guidelines Section 15378(b)(4).)
PASSED, APPROVED AND ADOPTED on November 28, 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 November 28, 2022.

Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
Resolution No. 6177

APPROVED AS TO FORM:

Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
ATTACHMENTS:

Exhibit 1 - Development Impact Fee Fund Descriptions
Exhibit 2 - Development Impact Mitigation Fee Schedule (Exclusive of Parks & Rec Fees)
Exhibit 3 - Development Impact Mitigation Fee Schedule (Parks & Rec Fees) Exhibit 4 - CIP Summary
Exhibit 5 - Development Impact Fees Accounting (Audited) EXHIBIT 1 TO RESOLUTION NO. 6177
City of Carpinteria
Development Impact Fee Fund Descriptions
2022-2023
Streets & Thoroughfares Fund: Fees collected for the actual and estimated costs to acquire additional right of ways for new public street improvements and to improve the existing street network to accommodate the increase traffic demands associated with future development.

Highways and Bridges Fund: Fees collected for the actual and estimated costs to acquire additional right of ways and construct new and/or improved Highway interchanges and bridges to accommodate the increase traffic demands associated with future development.

Traffic Control Facilities Fund: Fees collected for the actual and estimated costs for acquiring and installing new traffic control systems and to improve the existing traffic control systems to accommodate the increase traffic demands associated with future development.

General Government Facilities Fund: Fees collected for payment of the costs of acquiring and constructing additional public facilities and equipment, and improving existing public facilities to meet demand of future development.

Storm Drain Facilities Fund: Fees collected for the actual and estimated costs of constructing new drainage facilities and to improve the existing drainage facilities to mitigate the drainage impacts associated with future development.

Park Land Acquisition Fund: Fees collected for the payment of the actual or estimated costs of acquiring land for park and recreational purposes. This fee is collected from residential projects that are not associated with a subdivision.

Park and Recreation Facilities Fund: Fees collected for the payment of the actual or estimated costs of designing and constructing parks and recreational facilities on land acquired for park and recreational purposes. This fee is charged to residential projects that are not associated with a subdivision.

Open Space Fund: Fees collected for the payment of the actual or estimated costs of acquiring additional acreage to be reserved as open space or with minimal park improvements designed to protect the greater number of acres. This fee is collected from commercial or industrial projects.

Aquatic Facilities Fund: Fees collected for the payment of the actual or estimated costs of designing and constructing aquatics facilities. This fee is not collected from commercial or industrial projects.

Parking Facilities Fund: Fees collected to finance parking improvements within the Downtown area that will accommodate new development within the Downtown "T".

Quimby Fund: Fees collected pursuant to Government Code 66477 (Quimby Act) for the acquisition of parklands. These fees are collected on non-commercial residential projects that are associated with subdivisions.

Exhibit 2 to Resolution No. 6177

CITY OF CARPINTERIA
DEVELOPMENT IMPACT MITIGATION FEE SCHEDULE <
1 >
2022-2023
(Exclusive of Parks and Recreation Fees)
I I
Streets and Highway and Traffic Control General
Land Use Government Storm Drain Facilities* Thoroughfares * Bridges* Facilities* Facilities* Residential $ I dwelling unit
Single Family 1,419.94 7,249.93 583.85 1,305.63 4,294.78 Multiple Family 874.83 4,466.73 359.00 976.86 1,073.22
Congregate Care 240.91 1,230.05 99.20 725.56 1,073.22
Accessory Dwelling Unit" 393.01 2,007.57 161.55 483.71 1,932.94 CommercialLindustrial $ I gross sq. ft.

Commercial 1.94 9.91 0.80 0.36 0.90
Industrial 1.57 8.03 0.65 0.17 0.64
ResortLHotel" $ I room
811.53 4,143.62 333.49 29.29 -
Land Use Parking Facilities * Residential
fee by category x # of new units = total fee
Downtown "T" $ I parking space
Residential 23,554.23 CommercialLindustrial
Commercial 23,554.23 fee by category x gross sq. ft. = total fee (1) Resolution No. 5750, establishing a Development Impact Mitigation Fee schedule for development within the City of Carpinteria, adopted and approved by the City Council on September 25, 2017. (2) Accessory dwelling units should be charged storm drain fee when construction of unit increases impervious surface.

No storm drain fee charged if unit created within existing building footprint. (3) All fees except for the storm drain fee are charged per room. Storm drain fee charged at the commercial rate per 1,000 square feet. *Annually adjusted persuant to Municpal Code§ 15.80.050(B) Last Updated 07 /14/22
Exhibit 3 to Resolution No. 6177

CITY OF CARPINTERIA
DEVELOPMENT IMPACT MITIGATION FEE SCHEDULE 0>
2022-2023
(Parks and Recreation Fees)
Last Updated 07 /14/22
Land Use Quimby Fee** Park and Recreation Aquatic Open Space Fee** Facilities Fee* Facilities Fee* Residential $ I dwelling unit
Single Family 21,020.52 5,203.62 325.93 -
Multiple Family 15,726.84 3,893.27 243.74 -
Congregate Care - - - -
Accessory Dwelling Unit 7,785.44 1,927.27 120.93 -
CommercialLindustrial $ I sq. ft.

Commercial - - - 5.77
Industrial - - - 2.80
ResortLHotel $ I room
- - - 459.10
{l) Resolution No. 5750, establishing a Development Impact Mitigation Fee schedule for development within the City of Carpinteria, adopted and approved by the City Council on September 25, 2017. * Annually adjusted persuant to Municipal Code §1S.80.050{B) ** Annually adjusted persuant to Municipal Code§ 15.80.050{A) Exhibit 4 to Resolution No. 6177
Capital Improvement Plan
Project
Code
Project Names Total Cost Description Priority Funding
Sources
DIF Funding
Cateoo
Commencement
Date

ALTERNATIVE TRANSPORTATION
AT-02 UPRR Pedestrian Undercrossing
2,564,021 Construct new Railroad undercrossing to accommodate bicyclists and Medium DIF Streets &
2030
at Calle Ocho. pedestrians Thoroughfares
UPRR Multi-Use Trail
Construction of a new railroad undercrossing at the southwest comer Streets & AT-03 Undercrossing at the Carpinteria 7,556,966 Low DIF 2030 Bluffs.
of the Carpinteria Bluffs to accommodate bicyclists and pedestrians. Thoroughfares AT-05 Franklin Channel Multiuse Path. 848,375 Construction of a Class I Bike Path along the east side of Franklin Medium DIF Streets & 2022 Channel from Carpinteria Avenue to 7th Street. Thoroughfares AT-08 Santa Monica Channel Multiuse
1,557,874 Extension of the existing Multiuse Path located on the east side of the Low DIF Streets & 2030 Path Extension. Santa Monica Channel from El Carro Lane north to Hwy 192. Thoroughfares AT-10 Carpinteria-Rincon Trail. 7,349,123 Construct Class I Bike Path between Carpinteria Avenue and Rincon High MA, DIF, Streets & 2022 County Park. B&P Thoroughfares AT-11 Third Street Pedestrian 345,774 Construct new trail along the west side of Third Street from Linden Low DIF,MA Streets & 2030 Improvements. Avenue to Holly A venue. Thoroughfares Holly Avenue Multi-Use Trail Construction of a new railroad undercrossing at Holly Avenue to DIF, MA, Streets & AT-14
Undercrossing ofUPRR.
1,176,200 accommodate bicyclists and pedestrians. This is a high priority High RMRA,GT Thoroughfares
2030
project.

AT-15 Pedestrian Path from Salt Marsh 923,955 Construct a pedestrian path from Salt Marsh Park, along Ash Avenue Low DIF, MA Streets &
2030 Park to Linden A venue. and then along the south side ofUPRR tracks to Linden Avenue. Thoroughfares AT-16 Franklin Creek Bridge by Aliso 581,959 Construct a multiuse bridge over Franklin Creek Channel by Aliso Medium DIF, MA Streets & 2030 School. School. Thoroughfares
Construct a Multiuse Path between the Santa Claus Lane southern Streets & AT-18 Santa Clause Lane Trail. 7,798,819 terminus with the U.S. IOI Southbound Onramp and the northern Medium DIF, MA Thoroughfares
2022
terminus of Carpinteria Avenue.

Lighting Project at Franklin Install three LED pedestrian lights and LED bollards at the existing Streets & AT-19 Creek Pedestrian Overcrossing 54,795 Medium DIF,SLF Completed near Ninth Street.
pedestrian overcrossing ofFranklin Creek near Ninth Street. Thoroughfares AT-20 Via Real Bike Lanes. 174,777 Widen the south side of Via Real and restripe for Class II Bike Lanes Medium DIF, MA Streets & 2022 from Bailard Avenue to Via Real's terminus near Carpinteria Creek. Thoroughfares Install lighting on existing bike paths throughout City at Santa Streets & AT-21 Bike Path Lighting Project. 697,217 Monica Creek, Carpinteria Creek, El Carro, and along Franklin Creek Medium DIF, SLF Thoroughfares 2030
from Sterling Road to Foothill High School.

Subtotal Alternative Transportation $31,629,856 J. - ~ .• .. ' . ::'•. ·•. ·:r :!' ' ,.,_t ,, '-.:;t,_' ·• ~ "" t\:: ,, 1\ - - ,. .• ~'·,,:.' .... ,,../ - ">, .,._.., ... ;_, - _. ,!t.: ?. ... ,,, .. ~- - ·,
- : .. -~ \.
11/10/2022 Page 1 of 9
Note: Estimates are general in
nature and in some instances concept level.

Capital Improvement Plan
Project
Code
Project Names Total Cost Description Priority Funding
Sources
DIF Funding
Cateqo
Commencement
Date

GENERAL FACILITIES - GF
Remodeling and/or
Reconfiguration and/or Remodeling of the City Hall to improve General GF-02 2,118,104 energy and work space efficiency including a vehicle wash rack, High DIF, GF Government On-going Reconfiguration of City Hall.
recycling facility and ADA access. Facilities
Construction of EOC/Sheriff Sub
General
GF-03 Station. l 0, 193,732 Construction of l 0,000 square foot EOC/SheriffSub-Station. Medium DIF, GF Government 2030 Facilities
Public Works Yard Cover Construction of a carport style cover structure with solar panels in the General
GF-07 741,620 Medium DIF, GF Government 2025
Structure. Public Works Yard for equipment and materials storage. Facilities General
GF-10 Transit Stop Improvements. 436,469 Improvements to existing transit stops throughout City. Medium DIF Government On-going Facilities
Install Fire Sprinkler System at Install upgraded fire sprinkler system at the Public Works General
GF-11 the Public Works Maintenance 130,374 Medium DIF, GF Government 2025 Facilitv.

Maintenance Facility. Facilities
New Public Works Building at Construct new Public Works Building to free up use of existing General
GF-12 275,864 Medium DIF, GF Government 2025
City Hall. garage for intended use. Facilities
General
GF-13 HY AC at City Hall. 224,848 Replace existing HY AC system at City Hall. High DIF, GF Government Completed Facilities
General
GF-14 City Hall Painting. 148,324 Re-paint City Hall. Low DlF, GF Government Completed Facilities
Relocate the existing Shuttle Electric Port from behind City Hall to General
GF-15 Relocate Shuttle Electric Port. 500,712 Medium DlF, GF Government 2025 the west side of the City Hall campus. Facilities
Subtotal - General Facilities $14,770,047 ·"' - ~ .,,, , .. : .,.; ~·:~_1v--, , •:r-...,'t,_,."".' \: ... ·j;•::3 ;~ ~l ,-.,..._ ,. ~"" , - .'-','-, ,_ .... ". k
,_. "a-.
•~-~~;l
.:_,...-,"
·,, . - ., .,. ~ . . .. - -~,. ,, . .,, ' -; .
11/10/2022 Page 2 of 9
Note: Estimates are general in
nature and in some instances concept level.

Capital Improvement Plan
Project
Code
Project Names Total Cost Description Priority Funding
Sources
DIF Funding
Cateqo
Commencement
Date

HIGHWAY INTERCHANGES AND

BRIDGES- HI
Reconstruction of the IO I/Bailard A venue Interchange to accommodate increasing traffic volumes. The project may include HJ-01 Highway IO I Bailard A venue
29,237,778 roundabouts at Carpinteria Avenue and Via Real and assumes the Medium DfF, STIP Highways & 2030 Interchange. replacement of the IO I overcrossing structure. Bridges Hl-06 Santa Ynez Avenue 17,931,143 Replace existing Santa Ynez Avenue Bridge over Hwy IO I. Medium DIF Highways& 2030 Overcrossing . Bridges Hl-07 Carpinteria Ave Bridge over 12,661,390 Replace the existing Carpinteria Avenue Bridge over Carpinteria High DIF Highways & 2023 Carpinteria Creek - Bridge Work. Creek (Bridge work). Bridges Widen Hwy IO I through the City of Carpinteria to accommodate Highways & HI-08 South Coast IO l HOV Project. 101,087,056 HOV lanes. Estimate is based on percentage of 101 HOY project that High Dlf, STIP On-going is within the City of Carpinteria which is approx. 25% of 428M.

Bridges
Caltrans SHOPP project to replace existing AC pavement on Hwy Highways & HI-09 Hwy 101 Rehabilitation Project. 35,427,706 101. Estimate is based on percentage of 101 Rehabilitation project High DIF, MA On-going that is within the City of Carpinteria which is approx. 25% of l S0M.

Bridges
Subtotal - Highway Interchanges and $196,345,073
- ,, .
,. '· .,;s... . ,,J, . :; ::-
. ;: .. ..
. ..
,,; ,.;2 ••.•·,.:, ~)?~ ;· - - { -. : -~. j. H - '• .. ~·-,, . ' . . . -~ 11/10/2022 Page 3 of 9
Note: Estimates are general in
nature and in some instances concept level.

Capital Improvement Plan
Project
Code
Project Names Total Cost Description Priority Funding
Sources
DIF Funding
Cateqo
Commencement
Date

PARKJNG FACLLITIES- P
P-04 Parking Lot #4. 1,226,271 Construct Parking Lot #4 between Linden Avenue and Elm Avenue Medium Off Parking 2025
adjacent to UP Railroad Right of Way. Facilities
Reconfigure Parking Lot# l by expanding parking area into 9th street Parking P-05 Parking Lot# 1 Reconfiguration. 390,177 and create a pedestrian area on 9th Street between Yucca Lane and Medium Off Facilities 2025
Lindon Avenue.

OIF, GF,
P-07 Parking Lot #2 and Cactus Lane
1,269,729
Reconstruction of Parking Lot #2 paved surface and asphalt concrete High RMRA, Parking Completed Improvements. curbing and install new lighting. MA, SLF, Facilities PBIA
Subtotal - Parking Facilities $2,886,177
,; ... , -
;., '-•· ,._,;,! ;, ,;: . ~l ),t •· • ... l~!· \" ,.'i.: • ,t,,. .,,• >. -- ., .. 'f . ' ' <?- Jli J:. Cf· ~ '.;: ~- <., 11/10/2022 Page 4 of 9
Note: Estimates are general in
nature and in some instances concept level.

Capital Improvement Plan
Project
Code
Project Names Total Cost Description Priority Funding
Sources
DIF Funding
Cateqo
Commencement
Date

PARKS AND RECREATION
Memorial Park Trails and Access
Park&
PR-02
Improvements.
253, I 90 Construction of public restrooms and trail at Memorial Park. Medium DIF Recreation 2025 Facilities
Replacement of playground Replacement of playground structures at Heath Ranch, Monte Vista, Park& PR-05
structures at various City Parks.
2,174,789 El Carro, Franklin Creek, Memorial, and Torno! Interpretative Play Medium DIF, GF Recreation 2025 Area parks. Facilities
Replacement of Lifeguard Park&
PR-06 196,506 Replacement of existing Lifeguard Tower at Linden Avenue. High DIF, TTF Recreation 2022 Tower.

Facilities
Linden A venue Beach End Improvements to the Carpinteria Beach end of Linden Avenue in DIF, MA, Park& PR-09
Beautification.
445,917 order to provide a more aesthetically pleasing urban park Low TTF, GT, Recreation 2030 environment and transition to the beach park. GF Facilities Coastal Access lmprovements,
Implement coastal habitat restoration and construct coastal access Park&
PR-14 Trail Repair and Wetlands 378,840 Medium DIF, TTF Recreation 2025 Restoration At Tar Pits.
improvements and trail repair at Tar Pits Park.

Facilities
Park&
Recreation
PR-23 Multiuse Small Pool 247,522 Construction of a Multi-Purpose Pool at the Community Pool. Medium DIF Facilities; 2025 Aquatic
Facilities
Construction of a community garden along the south side of Fifth DIF, PMF, Park&
PR-29 Fifth Street Community Garden. 525,275 Medium Recreation Completed Street between Linden Avenue and Holly Avenue. CT Facilities
Construction of Casitas Pass Construction ofa community garden on a portion of the Whitney DIF, PMF, Park&
PR-31 1,128,963 High Recreation 2023 Community Garden/Orchard. Property east of Casitas Pass Road. CT Facilities Park&
PR-32 Skate Park. 782,244 Construction of a new Skate Park at City Hall. Medium DIF Recreation 2022 Facilities
Park Land
PR-34 Trail Parcels Acquisition. 352,388 Acquire parcels along Carpinteria Creek for habitat restoration and High DLF Acquisition; On-going trail extension. Open Space;
Quimby
rarx i.ano
PR-35 Acquire Easements and 1,035,434 Acquire trail easements at Bluff I and Bluff II and construct trails. High DIF Acquisition; On-going Construct Trails at Bluff! and II Open Space; r,.,;mh"
Park&
Recreation
PR-37 Replaster Community Pool. 60,463 Replaster Community Pool. Medium DIF, RSF Facilities; 2022 Aquatic
Facilities
11/10/2022 Page 5 of 9
Note: Estimates are general in
nature and in some instances concept level.

Capital Improvement Plan
Project
Code
Project Names Total Cost Description Priority Funding
Sources
DIF Funding
Cateqo
Commencement
Date
Park&
PR-39 Coastal Access Ramp. 394,901 Construct new coastal access ramp to beach at Higgins Bluff. Medium DIF, TTF Recreation 2025 Facilities
Rebuild El Carro Park Parking
Park&
PR-40 771,852 Rebuild the southern parking lot of El Carro Park. Medium DIF Recreation 2025 Lot. Facilities
Replace El Carro Park
Park&
PR-41 358,056 Replace the existing restroom and utility building in El Carro Park. Medium Dlf Recreation 2025 Restroom/Utility Building. Facilities
Subtotal - Parks and Recreation Facilities ~ ~ .. ~s ~:;:.~ ,· ~· ~::\~'·:·i~·~.·i-t.:t,,,;~ _ .\ -~~, ~~f: - -~ ~. '~ -~ =
X. ~-
J '• -' $9, I 06,338 ;, -- .
t.;,.• •·.-~-~ - <.·, ~ \ .. ~ - ' ;? ;,._'>:.'t. - . ;.: 2 ..... 11/10/2022 Page 6 of 9
Note: Estimates are general in
nature and in some instances concept level.

Capital Improvement Plan
Project
Code
Project Names Total Cost Description Priority
Funding
Sources
DIF Funding
Cateqo
Commencement
Date

STORM DRAIN FACILITIES - SD
SD-01 Casitas Pass Storm Drain. 1,105,344
Construction of a storm drain line on Casitas Pass from El Carro Low DIF Storm Drain 2025 Lane to Highway IO I then east to Carpinteria Creek. Facilities SD-02 East Via Real Storm Drain. 1,093,063 Construction ofa storm drain line along Poplar Street and along the Medium DIF Storm Drain 2022 north side of Via Real. Facilities
SD-03 Calle Arena Culvert. 315,543 Construction of a storm drain from Calle Arena to Carpinteria Creek. Low DIF Storm Drain 2030 Facilities SD-04
Upper Palm Avenue Storm 74,634 Construction of a storm drain line along Carpinteria and Palm Low DIF Storm Drain 2030 Drain. Avenue from Vallecito to 8th St. Facilities
SD-05 Walnut Avenue Storm Drain. 1,300,905
Construction ofa storm drain line along the north side of the UPRR Low DIF Storm Drain 2030 from the terminus of Walnut Avenue to Carpinteria Creek. Facilities Construction of street improvements in the beach area neighborhood SD-06
Beach Area Drainage 4,559,310
north of 3rd St. and between Linden Avenue and Ash Avenue, to Medium DIF, MA Storm Drain On-going Improvements. improve drainage. Project will include full or partial street Facilities reconstruction, concrete swales and roll curbs.

Star Pine Road Storm Drain. 770,907
Installation ofa 24" storm drain along Vallecito Road and Ogan Medium DIF Storm Drain
SD-07 2025
Road north of Via Real and east of Linden overcrossing. Facilities Storm Drain System Retrofit 756,736 Retrofit of existing drainage inlets in the City to reduce Storm Drain Medium DIF, GT Storm Drain SD-12 On-going
Program. Pollution. Facilities
Ash Avenue Storm Water Lift
Construction of an underground storm water lift station near the Storm Drain SD-13 3,313,199 intersection of Ash A venue and 3rd street to drain the area during Low DIF, GT 2030 Station. high tide flooding events.

Facilities
SD-20
Via Real at Santa Ynez Avenue 376,951
Construction storm drain improvements from west Cramer Circle to Medium DIF Storm Drain 2025
Storm Drain Improvements. Santa Ynez Avenue to replace the existing open trench. Facilities SD-21 Repairs to Malibu Channel. I 91,782
Perform the necessary repairs to Malibu Channel from Linden Low DIF, GF Storm Drain 2025 Avenue to Franklin Creek. Facilities
Conduit Installation for Recycled
Installation of recycled water transmission conduit for future Storm Drain SD-22 5,339,664 connection to recycled water sources from the Carpinteria Sanitary Medium DIF, GF 2030 Water Project. District.

Facilities
Subtotal - Storm Drain Facilities $19,198,038 1/;t};{;.-;;,;;,;. ,· i ,;:zft,f J: ;~, ]\ ·:. '.\5-b ~-•r,{:v,::i\,~ •. "·ii ~::-Ji·. ;,_:,/ .• ~;: ,: :;i;;,:. :::: ,9;~ 't.i, -~, ~- i,';";\;;. "$>- ';::' .,if :.C·i j 'ii ·:-~ii;\:,;;_,; 11/10/2022 Page 7 of 9
Note: Estimates are general in
nature and in some instances concept level.

Capital Improvement Plan
Project
Code
Project Names Total Cost Description Priority Funding
Sources
DIF Funding
Cateqo
Commencement
Date

STREETS AND THOROUGHFARES -
ST
ST-05 Downtown Sidewalk lnfill
1,047,715 Installation of infill sidewalk in the downtown district. Medium MA, SR2S, Streets & On-going Project. DIF Thoroughfares ST-13 Via Real Widening at Reef
248,466 Widening of Via Real at the Reef Motel to provide for continuous Medium
□IF, RSTP, Streets & 2030 Motel. Class II Bike Lanes. □IF Thoroughfares Casitas Pass Road Traffic Installation oflandscaped medians along Casitas Pass Road and bulb DIF, MA, Streets & ST-18 342,940 Medium RSTP, GT, 2030 Calming. outs at the Cameo Road intersection with Casitas Pass Road. SR2S Thoroughfares ST-19 Linden Ave/Foothill Road
670,765 Construction of intersection improvements for ADA compliance and Medium
□IF, MA, Streets &
2030 lntersection Improvements. to accommodate pedestrians, bicyclists and truck turning movements. GT, SR2S Thoroughfares lntersection improvements at
Install new crosswalk east of Cramer Road across Carpinteria Streets & ST-27 Cramer Road and Carpinteria 18,895 Medium MA,DlF Completed Avenue.

Avenue. Thoroughfares
ST-32 Bailard Avenue Street
196,506 Construct sidewalk infill and ADA facilities and curb and gutter Medium MA, B&P, Streets & Completed Improvements. along Bailard Avenue between Carpinteria A venue and Via Real. DIF Thoroughfares Parking, Driveway and Sidewalk Install new driveways and ADA access at City Hall, new sidewalk ST-37 improvements at and near City 163,440
immediately east of City Hall, and sidewalk in-fill and restripe for High MA,B&P, Streets &
Completed
parallel parking along Carpinteria Avenue between City Hall and DIF Thoroughfares Hall.

Dump Road.

ST-43 Sixth Street Parking
22,674 New striping plan for the south side of 6th Street between Linden Medium DIF, MA Streets & 2025 Reconfiguration. Avenue and Mable Avenue in order to reconfigure parking. Thoroughfares Crosswalk Relocation at
Replace the two existing crosswalks at the intersection of Carpinteria MA, B&P, Streets & ST-48 Carpinteria and Elm Avenue.
77,469 Avenue Elm Avenue and add bulb-outs at the intersection of High DIF Thoroughfares Completed Carpinteria Avenue and Holly A venue.

Ninth Street Parking and Install new curb, gutter and sidewalk on the south side of 9th Street Streets & ST- 55 Sidewalk Improvements. 989,142 and reconfigure the on-street parking and add cul-de-sac from Holly High MA,DlF Thoroughfares
2023
Avenue to Franklin Creek. This is a high priority project.

ST-56 Santa Monica/Via Real 5,169,611 Address operation deficiencies at the intersection of Santa Monica High MA,DlF Streets & 2030
Intersection Modification. Avenue and Via Real through the installation ofa roundabout. Thoroughfares ST-57 Carpinteria Ave Bridge over 2,848,388 Replace the existing Carpinteria A venue Bridge over Carpinteria High GT,MA, Streets & 2023 Carpinteria Creek - Roadway. Creek (Roadway work). RMRA,DIF Thoroughfares Subtotal - Streets and Thoroughfares $ 1 1,796,009 . •'·(., ,..,: :o.'·t \;._1 ; \; :·:1.- • I ;, 0 f _lJ:: "'-.,.{ft/'',~.·---~ ,. -~ .;if,., •. ' •' - -~ - ).~
· .~. ., t·. ! ' : ,. ·~ • .,
11/1012022 Page 8 of9
Note: Estimates are general in
nature and in some instances concept level.

Capital Improvement Plan
Project
Code
Project Names Total Cost Description Priority Funding
Sources
□IF Funding
Cateqo
Commencement
Date

TRAFFIC CONTROL FACILITIES -
C . . A /Pal Install a new traffic signal at the intersection of Carpinteria Avenue arpmtena venue m d p I al . h . h • • ffi c
Tc
-0I A 1 . 251 301 an am Avenue ong wit an mterconnect system tot e existmg M d. DIF Tra 1c ontrol venue ntersection , ffi . 2022 1 h . . fC . p R d d C . . e mm F . 1 ..

I tra 1c signa at t e mtersectron o asitas ass oa an arpmtena act Illes mprovements. . · ffi · · Avenue m order to coordmate tra 1c signal operations.

Install a new traffic signal at the intersection of Santa Ynez Avenue TC-0
2 Santa Ynez Avenue/Via Real 244
,
687 and Via Real_ along with an interconnect system to the existing_traffic Medium DIF Traffic Control 2025 Intersection Improvements. signal at the mtersection of 7th Street and Carpmtena Avenue m Facilities order to coordinate traffic signal operations.

Subtotal - Traffic Control Facilities 495,988 · • ·· }Ji:. \, ·., '. .. "":,. '.9· ~-. '\ (\ ''' . i. ½i ' .. ::··,,,; ,. ,' ·,. : 0·,2: "· . , · •} ·· •>L · · ,,} ''' .• ,'tf.. •··•, ., ; ,; 1 i : ~v ·:~:

Total $286,227,526 , ·, s T·:I'' , .. ,, .. : ·•. '.;,,, ., . '~:·. ; .· ,,. ,, : .. J,1,;.,. /~tg :.:

Funding Sources Key
DIF Development Impact Fee
MA
B&P
RMRA
GT
SLF
GF
STIP
PBIA
TTF
PMF
CT
RSF
SR2S
RSTP
Measure A Fund
Bike & Pedestrian Program through Measure A
Road Maintenance & Repair Account Fund
Gas Tax
Street Lighting Fund
General Fund
State Transportation Improvement Program
Parking Business Improvement Area Fund
Tidelands Trust Fund
Park Maintenance Fund
Caltrans
Recreation Services Fund
Safe Routes to School Program through Measure A
Regional Surface Transportation Program
11/10/2022 Page 9 of 9
Note: Estimates are general in
nature and in some instances concept level.

EXHIBIT 5 TO RESOWTION NO. 6177

CITY OF CARPINTERIA

DEVELOPMENT IMPACT FEES ACCOUNTING (AUDITED)

CITY OF CARPINTERIA

DEVELOPMENT IMPACT FEES LEDGER ADJUSTMENTS CREDITS INTEREST DEBITS LEDGER AtJuly 1, 2021 At June 30, 2022

ACCOUNT PURPOSE
301-000-3016 GENERAL GOVERNMENT FACILITIES DIF $19,644.41 $0.01 $9,756.98 ($254.17) $0.00 $29,147.23 301-000-3001 HIGHWAYS & BRIDGES DIF $721,418.53 $0.00 $149,381.57 ($7,514.17) ($8,853.78) $854,432.15 301-000-3002 STORM DRAIN FACILITIES DIF $298,635.40 $0.00 $28,962.92 ($2,573.93) ($31,712.99) $293,311.40 301-000-3003 TRAFFIC CONTROL FACILITIES DIF $331,505.70 $0.00 $11,997.29 ($2,620.47) ($42,277.48) $298,605.04 301-000-3004 STREETS & THOROUGHFARES DIF $186,577.09 $0.00 $29,335.72 ($912.87) ($111,000.00) $103,999.94 301-000-3005 PARKING FACILITIES DIF $97,287.32 $0.00 $36,349.67 ($1,163.46) $0.00 $132,473.53 301-000-3006 PARK LAND ACQUISITION DIF
1 $35,068.61 $0.00 $0.00 ($304.29) $0.00 $34,764.32
301-000-3007 PARK & RECREATION FACILITIES DIF $184,133.71 $0.00 $0.00 ($1,603.79) ($50.00) $182,479.92 301-000-3008 AQUATIC FACILITIES DIF $54,272.79 $0.00 $2,198.00 ($490.44) $0.00 $55,980.35 301-000-3009 OPEN SPACE DIF $38,409.90 $0.00 $0.00 ($332.93) $0.00 $38,076.97 301-000-3017 QUIMBY FEES $417,774.81 $0.00 $36,318.16 ($3,168.19) ($90,028.09) $360,896.69 TOTAL $2,384,728.27 $304,300.31 ($20,938.71) ($283,922.34) $2,384,167.54

1. Park Land Acquisition DIF is a carry-over from the previous DIF Program.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 28, 2022

ITEM FOR COUNCIL CONSIDERATION
Recommendations for the establishment of active adult/ senior programming services in Carpinteria as supported by data collected through the Active Adult/ Senior Services Community Needs Assessment.

STAFF RECOMMENDATION
Receive and file the report, and direct staff as determined appropriate.

Sample Motion: I move to receive and file the report (and provide direction to staff as determined appropriate by the City Council.)

BACKGROUND
At the City Council Special Meeting - Workshop on 2022 Work Plan I Draft held on January 23, 2022, members of the public in attendance communicated four main points:

1. An immediate need for senior services.

2. A desire for a "hub" (e.g., community or active adult/ senior center) where seniors can gather for social and programming purposes.

3. Individuals and business owners in the community are willing to volunteer their time and/or services in support of senior programming.

4. A desire for the City to develop a long-term senior services plan, though not at the expense of immediate programming.

During this meeting, staff was directed by City Council to research and provide interim and long-term options for the establishment of a senior center and senior programming.

On March 14, 2022, staff provided a report to City Council with data from the 2020 United States Census, and other sources, demonstrating Carpinteria's growing senior population (Attachment A.) The report included several potential options, interim and long-term, for the provision of City-operated, or sponsored, senior programs in Carpinteria. At this time, City Council received and filed the report and directed staff to collect feedback from the community and key stakeholders to determine specific senior Recommendations for the establishment of active adult/ senior programming services November 28, 2022

programming options and recommendations for City Council consideration at a future meeting.

On April 25, 2022, City Council created an Ad Hoc Senior Services Planning Committee (Councilmembers Carty and Lee) through approval of Resolution No. 6127 (Attachment B.) The purpose of the committee was to assist staff with the creation, distribution, and collection of data through a Community Needs Assessment, or similar tool or process, with the purpose of providing City Council with data-supported recommendations for the provision of senior services. Councilmembers Carty and Lee were nominated and approved to serve on the Committee.

On May 12, 2022, the Ad Hoc Senior Services Planning Committee held its first meeting. In total, five meetings were held through October 5, 2022. Meetings were regularly attended by several key community stakeholders who supported the committee as a working group, including senior residents, local business owners, members from Carpinteria Seniors, Inc., and non-profit and faith-bases leaders.

The purpose of this agenda matter is to allow the City Council to consider active adult I senior programming options in light of recent data collected through the Active Adult/ Senior Services Community Needs Assessment, and to provide staff with direction for action and/or further study.

DISCUSSION
Carpinteria's median age is nearly 18% higher than the State average, and residents 60 and over make up 27.4% of Carpinteria's population compared to 19.7% for the State and 20.4% for the County (see Attachment A.) Despite the large proportion of active adults and seniors within the community, Carpinteria does not offer a cohesive active adult/ senior programming menu, nor does it have a dedicated center for such programs to occur. Carpinteria is the only city in Santa Barbara County, other than the City of Guadalupe, that does not offer such programming, either through the City, an outside agency (e.g., The Santa Ynez Valley Senior Citizens Foundation in Buellton), or some combination of the two.

To assess the need for senior services in Carpinteria and to determine the preferred services, location(s), and delivery for said services, if desired, the City conducted a community needs assessment.

Active Adults/ Senior Services Community Needs Assessment Working collaboratively with stakeholders and City staff, the Ad Hoc Senior Services Planning Committee created an 18-question survey (Attachment C.) On August 22, 2022, the survey was made available online through the City's website, with hard copies available at several locations throughout the city. The survey was Recommendations for the establishment of active adult/ senior programming services November 28, 2022

available in both English and Spanish, and residents were allotted five weeks to complete the survey.

Availability of the survey was highlighted in the City Newsletter, and multiple stories and advertisements were included in the Coastal View Newspaper. In addition, hard copies were delivered to local mobile home parks and senior living communities, and working group members volunteered to distribute surveys in front of Albertson's, at the Farmer's Market, and through the City Host Center.

Respondents Data (approximate)
According to 2020 Census data, the population in Carpinteria is 13,264, and the number of residents 60 and over is 3,634 (27.4% of population, as stated earlier in this report.) Though multiple processes and factors must be followed and considered when determining Statistical Confidence
1 , a basic calculation approximates that 348 surveys
(for a population of 3,634) must be collected to have a confidence level of 95% that the real value is within +/-5% of the surveyed value
2 .

In total, 399 surveys were returned and are included as part of the data analysis presented later in this report. The data below reflects the gender, language preference, electoral district, and household income of survey respondents. Respondents were mostly women and English speaking. All electoral districts were relatively evenly represented. 52% of respondents had a household income of $74,999 or less and 28% preferred not to state.

Gender Identity
• Female: 76%
• Male: 22%
• Non-binary: 1 %
• Prefer to self-describe: >1 %
Preferred Language
• English: 92%
• Spanish: 6%
• Other: 2%
1 US Census Bureau, A Basic Evaluation of Confidence Intervals: https://www.census.gov/programssu rveys/saipe/g u idance/confidence-intervals. html 2 Calculator.net, Sample Size Calculator: https://www.calculator.neUsample-sizecalculator. html?type= 1 &cl=95&ci=5&pp=50&ps=3634&x=65&y= 19 Recommendations for the establishment of active adult/ senior programming services November 28, 2022

District Representation
• District 1: 23%
• District 2: 15%
• District 3: 17%
• District 4: 17%
• District 5: 15%
• Outside of City Limits: 7%
• Unsure: 6%
Income Levels
• 0-$24,999:
• $25K - $49,999:
• $50K - $74,999:
• $75K - $99,999:
• $1 DOK - $124,999:
• $125K- $149,999:
• $150K - $174,999:
• $175K - $199,999:
• $200K+: 8
• Prefer not to state:

Analysis
12%
20%
20%
8%
7%
1%
1%
1%
2%
28%
In addition to assisting with the creation, distribution, and collection of data through the Community Needs Assessment, members of the Ad Hoc Senior Services Planning Committee working group provided valuable feedback to the Committee throughout the process. The following three items were reoccurring topics of discussion and provide a framework for further review of the data and corresponding staff recommendations.

1. Location:
a. Accessibility
b. Consistency (For reoccurring activities; classes; furniture, equipment, and supplies; program information; and staff/ volunteer office space.)

2. Programming
a. Options (e.g., classes, events, luncheons)
b. Days and Times

3. Service Delivery
a. Operation Model (e.g., Operation by City, outside organization, and/or partnership)
b. Funding (e.g., general fund, Measure X, grant funding) c. Staffing
Recommendations for the establishment of active adult/ senior programming services November 28, 2022

Data Summary
Location
76% of respondents stated they "Can Access Services Any Place Within City-Limits." However, some additional requests and/or preferences included: available parking, transportation to/from, centrally located/downtown, and bike/walk friendly. 48% of respondents stated that was either "very important" or "extremely important." 20% stated consistency was "somewhat important" and 32% stated that consistency was "not so important" or "not at all important."
Some write-in comments encouraged use of available church space, mobile home park community rooms, existing City property (e.g., Veteran Memorial Building), and/or Main School.

Programming
Overwhelmingly, respondents listed "Opportunities for Socialization" as something they are looking for in an active adult/ senior center (74%.) Other top programming responses included:
• Exercise - 69%
• Excursion Opportunities: Day Trips - 67%
• Opportunities to Learn a New Skill - 58%
• Entertainment - 56%
Other written-in requests not specifically listed on the survey included, but are not limited to: Arts & Crafts, Cooking, Pickle Ball, Card/ Board Games, Movie Nights, Computer I Smart Phone Assistance, and Hospice Care.

Based on the data collected, residents are most interested in weekday programming between the hours of 8 AM and 5 PM. This data corresponds with the typical operation days and times for other similar programs within Santa Barbara County (e.g., Solvang:

Monday - Friday, 9 AM to 2PM or 4PM - depending on day; Lompoc: Monday - Friday, 8 AM to 3 PM.)
Summary and Recommendations
Stakeholder feedback, US Census data, and data collected from the Active Adults/ Senior Services Community Needs Assessment, demonstrate a strong need for active adult/ senior services in the City of Carpinteria. To initiate said services, staff, funding, and a facility, or facilities, are required.

Recommendations for the establishment of active adult I senior programming services November 28, 2022

Long-term options such as an all-age community center have been discussed and generally well-received, however, stakeholders and long-time advocates for an active adult I senior center are concerned that focus on long-term options will detract from efforts to initiate more immediate, interim options. Based on initial research of existing City-owned facilities and potential partnerships with mobile home parks, churches, and local businesses, Staff feels confidents that an interim active adult I senior center location can be quickly identified and, if authorized, secured for programming. • Staff recommendation: Focus efforts on securing an interim location for an active adult I senior center, first. The center will serve as a "hub" for immediate programming and as a platform for future long-term programming discussions.

A preliminary site survey of potential interim active adult I senior center locations indicates that, based on responses to programming preferences and accessibility barriers, programming options are increased, and accessibility barriers are decreased, at non-City owned facilities.
• Staff recommendation: Locations such as the Veterans Memorial Building and Carpinteria Community Library should serve solely as supplemental programming space, not the central program "hub."
• Staff recommendation: Determine budget for programming and potential facility use agreement(s.)
While volunteers often play a significant role in the success of active adult/ senior programs, funding for at least one staff person is needed. In staff's initial report on March 14, 2022 (Attachment A), dedicated staffing was listed under "Long-term Options." Based on stakeholder feedback and collected data, dedicated staffing is now deemed necessary for interim options as well.
• Staff recommendation: Creation of a full-time program coordinator position under the Parks, Recreation, and Public Facilities Department.

This position will lead tasks such as programming, volunteer coordination, scheduling, grant administration, contracts and agreements, program promotions, and facility management. The position may be limited to active adult I senior services programming or may be expanded to include coordination of potential future youth services under the City's current Civic/ Youth Engagement work program. Additional part-time staff may be required in the future as programming expands.

POLICY CONSISTENCY
2022 Annual Work Plan, General Government, Program: City Administration, Community Center.

Recommendations for the establishment of active adult/ senior programming services November 28, 2022

The objectives of this Work Plan item are: To determine the need and interest in a community center as well as feasibility. This work is consistent with the City's interest in meeting the needs of all members of the community.

FINANCIAL CONSIDERATIONS
No dedicated funding for senior services currently exists. Based on direction provided . by the Council, financial implications will be analyzed and provided as a part of any future reports on project, program, and/or service options.

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

OPTIONS

1. Receive and file the report and direct staff to return at a future council meeting date with detail on specific options and/or actions as directed.

2. Receive and file the report.

PRINCIPAL PARTIES EXPECTED AT MEETING
Ad Hoc Senior Services Planning Committee Working Group Members of Carpinteria Seniors, Inc.

ATTACHMENTS
Attachment A: Council Agenda Staff Report (March 14, 2022), Interim and long-term options for the establishment of City-operated, or sponsored, senior programs, including the provision of a City facility, or facilities, for programming.

Attachment B: Resolution No. 6127
Attachment C: Active Adults/ Senior Services Community Needs Assessment (English and Spanish)
Recommendations for the establishment of active adult/ senior programming services November 28, 2022

Staff contact: Michael Ramirez, Assistant City Manager
805-755-4450, [email protected]~ -:::--,,._
' , j ignature
Reviewed by: Dave Durflinger, City Manager ~w /J
(805) 755-4400, [email protected] ~ ~ natJ't?
Recommendations for the establishment of active adult/ senior programming services November 28, 2022

ATTACHMENT A
Recommendations for the establishment of active adult/ senior programming services November 28, 2022

THIS PAGE INTENTIONALLY LEFT BLANK
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
March 14, 2022

ITEM FOR COUNCIL CONSIDERATION
Interim and long-term options for the establishment of City-operated, or sponsored, senior programs, including the provision of a City facility, or facilities, for programming.

STAFF RECOMMENDATION
Receive and file the report, and direct staff as determined appropriate.

Sample Motion: I move to receive and file the report (and provide direction to staff as determined appropriate by the City Council.)

BACKGROUND
At the City Council Special Meeting - Workshop on 2022 Work Plan/Draft held on January 23, 2022, staff was directed by City Council to research and provide interim and long-term options for the establishment of a senior center and senior programming.

This work is formally recognized in the 2022 Annual Work Plan under General Government, Program: City Administration, Community Center (Attachment A.) According to United States Census Bureau data
1 , the median age for Carpinteria City is

42.9 years, 6.4 years more than the State median age, and 9.1 years more than the County median age, potentially indicating a greater need for senior services. Statistics for % of Population 60 and over, the Old-age dependency ratio, and % Below poverty level by age further supports this finding.
1 United States Census Bureau (https://data.census.gov), Table ID: S0101 (Census - Table Results) and S1701 (State, County, City)
Interim and long-term options for the establishment of City-operated, or sponsored, senior programs.

March 14, 2022

Geographic Area Median age (years)
California 36.5
Santa Barbara County 33.8
Carpinteria City 42.9
Geographic Area % of Population 60 and over
California 19.7
Santa Barbara County 20.4
Carpinteria City 27.4
Geographic Area Old-age dependency ratio*
California 22.1
Santa Barbara County 23.9
Carpinteria City 31.1
*The elderly, or old-age, dependency ratio is the ratio of the elderly population (ages 65+) per 100 people of working age (ages 15-64). Dependency ratios are a measure of the age structure of a population. They relate the number of individuals that are likely to be economically "dependent" on the support of others. Changes in the dependency ratio provide an indication of potential social support requirements resulting from changes in population age structures.
2 % Below poverty level by aae
Geoaraphic Area 55-64 65-74 75 and over
California 26.7 22.5 23.7
Santa Barbara County 29.5 12.9 20.5
Carpinteria City 28.9 11.6 13.9
In addition to data from the U.S. Census Bureau, the graph below3, from the State of California Department of Finance, displays population growth estimates by age within the county of Santa Barbara. The graph shows an estimated population increase in Santa Barbara County for all age categories 65 and up, between 2020 and 2030. 2 CIA.gov, The World Factbook, Dependency ratios, Dependency ratios - The World Factbook (cia.gov) 3 State of California Department of Finance, Population Estimates and Projections for California and its Counties, California State Census Data Center Network
R:\Parks, Recreation & Public Facilities\Senior Programming Interim and long-term options for the establishment of City-operated, or sponsored, senior programs.

March 14, 2022

100
2030 Santa Barbara
02020
County
'5
IO
15 70
'5
'°
S5
50 45
40 l5
JO
1 25
20 15
10 5
0 20k 15k IGlc 5011 0 0 5.0k IOk 15k 20k
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Though not collectively marketed, a variety of senior services are presently offered by City and non-City organizations. Inventory of existing senior services will be conducted as a part of any program development work. For example, programs offered by the Santa Barbara County Area Agency on Aging, and local resources and services referred through 2-1-1 Santa Barbara County.

The purpose of this agenda matter is to allow the City Council to consider interim and long-term senior programming options and to seek direction from the City Council on (a) preferred option(s), to pursue, or research and analyze in greater detail for further consideration by the Council.

DISCUSSION
At the City Council Special Meeting - Workshop on 2022 Work Plan/Draft ("2022 Work Plan meeting") held on January 23, 2022, members of the public in attendance communicated four main points:

1. An immediate need for senior services.

2. A desire for an exclusive-use facility where seniors can gather for social and programming purposes.

R:\Parks, Recreation & Public Facilities\Senior Programming Interim and long-term options for the establishment of City-operated, or sponsored, senior programs.

March 14, 2022

3. Individuals and business owners in the community are willing to volunteer their time and/or services in support of senior programming.

4. A desire for the City to develop a long-term senior services plan, though not at the expense of immediate programming.

The following discussion will be organized by interim and long-term options. However, it should be noted that various aspects of interim and long-term options will overlap to varying degrees. For example, utilizing volunteers is a key component of both interim and long-term strategies, but vital to providing services in the near term. In addition, not all long-term strategies are alike in terms of the time needed to complete. For example, hiring staff or contracting with an outside organization to coordinate senior services would take several months, while establishing a new senior center facility could take several years.

Interim Options
At the 2022 Work Plan meeting, members of the public focused their discussion on points 1, 2, and 3 above. An immediate need was expressed for an exclusive space to gather for clubs, formal and informal social events, and programs and classes. In the interim, it was conveyed that these activities could be organized exclusively by volunteers with support from the City for items such as insurance coverage, participation waivers, and program registration.

Veterans Memorial Hall was specifically mentioned by members of the public as a suitable interim space. While use of the hall and its meeting room is an option, its exclusive use would require further study, likely requiring adjusting or eliminating existing programming there. No other City-owned facilities have been identified as suitable and available for exclusive use, although other sites could be explored. As an alternative, City Council may direct staff to research non-public spaces within the citylimits that may be suitable and available for exclusive use.

On July 1, 2022, the City of Carpinteria will assume direct operation of the soon to be Carpinteria Community Library. Space at the library is limited and multipurpose in nature; however, several adult programs are scheduled to be offered. City Librarian, Jody Thomas, is in direct contact with members of the public regarding senior programming. Though space in the library is not available for exclusive use, its proximity to Veterans Memorial Hall, and character as a community center for all, make it a valuable and noteworthy extension to any senior services programming, interim and long-term.

While a senior center is often the hub of a senior services program, offsite activities are not uncommon in senior programming. For example, pickleball and yoga classes are conducted in City parks, exercise classes are provided in mobile home park communal spaces, and informal gatherings or special events are held at local businesses. As a specific example in Carpinteria, lap swim and aqua aerobics are offered at the R:\Parks, Recreation & Public Facilities\Senior Programming Interim and long-term options for the establishment of City-operated, or sponsored, senior programs.

March 14, 2022

Community Pool. Though not specifically designed for seniors, these programs have a high level of senior participation. The coordination of similar activities may be considered as a temporary replacement for, or supplement to, a designated space, whether exclusive or non-exclusive.

Other supplemental options, for the interim (and long-term), include thorough identification of existing senior service programs offered by local and county agencies in the area. These programs can then be included as part of wider senior services menu promoted to Carpinteria residents. An example of such an agency is the Central Coast Commission for Senior Citizens, the designated Area Agency on Aging for Santa Barbara County.

Long-term Options
As discussed, there is overlap between interim and long-term options for senior services. For example, utilization of volunteers, partnership with the library, and collaboration with local businesses, outside agencies, and others, is key to interim and long-term strategies. Below is a list of long-term options not yet discussed in detail. • Dedicated staffing
• Grant Programming
• Development, long-term leasing, or construction of permanent senior services facility.

Coordination of volunteers, program marketing and promotion, registration, contract management, grant writing, and other key components of a successful senior services program will require dedicated staffing. In the interim, program offerings would be limited by the absence of this vital resource.

Potential long-term options include hiring dedicated senior services staff to the City's Park, Recreation, & Community Services Department or collaborating with an outside agency, as the City has successfully done in the past with organizations such as CommUnify (formerly Community Action Commission), Girl's Inc, Boys & Girls Club and Carpinteria Children's Project. With direction from City Council, staff can research the viability and cost-implications of one or both of these options, or other alternatives as directed.

Identification, submission, and tracking and reporting for grants to support senior services is important to the success and sustainability of a long-term strategy. Such grants may assist with staffing and program costs, as well as future development or construction of a permanent senior center.

R:\Parks, Recreation & Public Facilities\Senior Programming Interim and long-term options for the establishment of City-operated, or sponsored, senior programs.

March 14, 2022

POLICY CONSISTENCY
2022 Annual Work Plan, General Government, Program: City Administration, Community Center.

The objectives of this Work Plan item are: To determine the need and interest in a community center as well as feasibility. This work is consistent with the City's interest in meeting the needs of all members of the community.

FINANCIAL CONSIDERATIONS
No dedicated funding for senior services currently exists. The City provides support for a variety of programs and services used by seniors including financial support for local community service providers. Based on direction provided by the Council, financial implications will be analyzed and provided as a part of any future reports on project, program and service options.

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

OPTIONS

1. Receive and file the report and direct staff to return at a future council meeting date with detail on specific options as directed.

2. Receive and file the report.

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

ATTACHMENTS
Attachment A: 2022 Annual Work Plan under General Government, Program: City Administration, Community Center
R:\Parks, Recreation & Public Facilities\Senior Programming Interim and long-term options for the establishment of City-operated, or sponsored, senior programs.

March 14, 2022

Staff contact: Michael Ramirez, Assistant City Manager
805-755-4450, MichaelR@ci. carpinteria. ca. us
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Signature
.4ik
R:\Parks, Recreation & Public Facilities\Senior Programming Interim and long-term options for the establishment of City-operated, or sponsored, senior programs.

March 14, 2022

ATTACHMENT A
R:\Parks, Recreation & Public Facilities\Senior Programming General Government
Program: City Administration
Community Center
Project Description
The purpose of this Work Plan item is to collaborate with community groups and local service providers to determine needs, interests and possible locations for a community center that can meet the space needs of agencies providing services to seniors, youth and special needs groups, e.g., people experiencing homelessness, as well as community gathering, activity, and meeting space.

Objective and Policy Consistency
The objectives of this Work Plan item are: To determine the need and interest in a community center as well as feasibility. This work is consistent with the City's interest in meeting the needs of all members of the community.

Previous and Ongoing Work
• The City stays abreast of local demographic information in order to educate decisionmaking concerning policies and community service need. • The City facilitated exploration of a community center at the time the Main School was closed.
• A growing number of services that could be provided at a community center are currently being accommodated at the Veterans Hall complex in space that is not ideally suited in terms of size and location.
• The City Council received a citizen request in 2020 for it to consider the establishment of a Senior Center and the Council requested that it be included for consideration in the subsequent Work Program.

Tasks

1. Review 2020 U.S. Census data for demographic information and trends that can contribute to the City's understanding of community needs now and in the future.

2. Identify stakeholders and conduct interviews and/or meetings to identify interest and needs.

3. Identify possible locations for a community center, estimate start-up costs and barriers to establishment.

4. Prepare a report for City Council consideration of next steps.

Product
• A plan and implementation strategy for a community center that meets local needs.

Staff Requirements:
• Assistant City Manager and General Government staff
• Community Development Staff
• Parks, Recreation and Facilities staff
Budget Funding Sources
This matter will involve costs associated with staff time. General and Measure X Funds Priority
Medium
Recommendations for the establishment of active adult/ senior programming services November 28, 2022

ATTACHMENT B
Recommendations for the establishment of active adult/ senior programming services November 28, 2022

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RESOLUTION NO. 6127

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

APPROVING THE CREATION OF AN AD HOC SENIOR SERVICES PLANNING

COMMITTEE
WHEREAS, the City Council from time to time finds it beneficial to form a committee of its membership in order to address a particular subject or work matter and to make related recommendations to the City Council; and · WHEREAS, at the City Council Special Meeting - Workshop on 2022 Work Plan/Draft held on January 23, 2022, staff was directed by the City Council to research and provide interim and long-term options for the establishment of a senior center and senior programming; and
WHEREAS, the senior population in Santa Barbara County continues to grow and the senior population in Carpinteria (60 and over) exceeds the State average by nearly 8 percent; and
WHEREAS, the Old-age Dependency Ratio, which is an indication of potential social support requirements resulting from changes in population age structures, is 9 points higher in Carpinteria than the State average, and 7 .2 points higher than the Santa Barbara County average; and
WHEREAS, on March 14, 2022, staff presented the City Council with senior programming options and the City Council directed staff to work with stakeholders and the community to conduct a Community Needs Assessment, or similar tool or process; and
WHEREAS, the City Council has determined that an ad hoc committee consisting of not more than two of its members is desirable to work with staff and community stakeholders to create, distribute, and collect a Community Needs Assessment, or similar tool or process, for the purpose of presenting data-supported recommendations for the provision of senior services for consideration by the City Council at a future City Council meeting.

NOW, THEREFORE, BE IT RESOVED as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. The City Council hereby creates the Ad Hoc Committee consisting of Council members Gregg A. Carty and ----'-'R=o.,_y~L~e=e _ SECTION 3. The Ad Hoc Committee shall have the following roles and responsibilities: create, distribute, and collect a Community Needs Assessment, or similar tool or process, for the purpose of presenting data-supported recommendations for the provision of senior services for consideration by the City Council. - I -
Resolution No. 6127
SECTION 4. The Ad Hoc Committee shall be dissolved upon making its report to the City Council but no later than December 31, 2022, unless extended by action of the City Council.

NOW, THEREFORE, BE IT FURTHER RESOVED the Committee, in coordination with the City Manager, shall determine the frequency, place and times of its meetings and at the conclusion of its work shall provide a report to the City Council.

PASSED, APPROVED AND ADOPTED on April 25, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER(S):

COUNCILMEMBER(S):

COUNCILMEMBER(S):

COUNCILMEMBER(S):

Alarcon, Carty, Lee, Clark, Nomura
None
None
None
<;///4----
Mayor, City of Carpinteria
ATTEST:
~
BrianC.Barr
~
et(
~
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 April 25, 2022. ~
BrianC.Bar
~
ret(
~
City Clerk
City of Carpinteria
APPROVED AS TO FORM:
- 2 -
Resolution No. 6127
Recommendations for the establishment of active adult/ senior programming services November 28, 2022

ATTACHMENT C
Recommendations for the establishment of active adult/ senior programming services November 28, 2022

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Deadline to Return: September 18, 2022 (Drop-off locations listed on page 7.) Carpinteria - Active Adults/ Senior Services Community Needs Assessment General Feedback
Thank you for taking the time to complete this short but important survey. The City of Carpinteria is conducting a Community Needs Assessment for active adult/senior services. The information you provide is extremely valuable and will help your City Council in its efforts to best serve Carpinteria and its current and future seniors. Again, thank you.

1. What are you looking for in a potential active adult/senior center? (Select all that apply)
□ Opportunities for socialization
□ Opportunities to learn a new skill
□ Exercise
□ Access to support services: Mental Health
□ Access to support services: Medi-Cal/Medicare
□ Access to support services: Estate planning
□ Access to support services: Food stamps/Resources (i.e., transportation, mental health, etc.)
□ Access to support services: LBGTQIA+ resources for seniors □ Food Distribution
□ Community Meals (ex. lunch)
□ Volunteer opportunities
□ Excursion opportunities: Day trips
□ Excursion opportunities: Overnights
□ Excursion opportunities: Arm-chair travel
□ Entertainment
□ Enrichment
□ Education
□ Other (please specify)
PAGE 1 OF 8

2. How likely are you to utilize the center?
□ Very likely
D Likely
□ Somewhat likely
□ Somewhat unlikely
□ Unlikely
□ Very unlikely

3. What would be a barrier for you to fully utilize the center? (Select all that apply) □ Transportation to/from the location
□ The location (i.e., if at a shared space associated with a non-profit, church, etc.)
□ Personal Medical/Health issues
□ Personal Accessibility
□ Other (please specify)

4. Would you be willing and able to pay a minimal annual membership fee? □ $25-$50
□ $50-$75
□ $75-$100
□ $100-$125
□ $125-$150
□ $150 or more
□ Other (please specify)
PAGE 2 OF 8
Deadline to Return: September 18, 2022 (Drop-off locations listed on page 7.)

5. Would you be willing and able to volunteer with senior services and/or programs?
□ Yes
□ No
□ If yes, what skills, hobbies, or interests would you be willing and able to contribute?
Location
Ideally an active adult/senior center provides a central location for older adult programming, services, and resources. However, not all services and/or programming has the ability to be offered at one central location. For example, senior pickleball classes may be offered at a neighborhood park, dance classes may be offered at a local dance studio, and food distribution may include delivery for homebound seniors. Please keep this in mind as you answer the questions below.

6. How important is it that services and/or programs are offered at a consistent location?
□ Extremely important (i.e., require, or strongly prefer, services/programs be offered in a single location.}
□ Very important
□ Somewhat important
□ Not so important
□ Not at all important (i.e., able to participate, or would enjoy participating, in services/programs offered at various locations within city limits.}

7. Preferred days I would participate (dependent on location} □ Weekdays
□ Weekends
□ No preference/varies
PAGE 3 OF 8

8. Preferred times I would participate (dependent on location) □ 8am-11am
□ 11am-2pm
□ 2pm-Spm
□ Spm-8pm
□ No preference/varies

9. Would location inhibit your participation?
□ Yes
□ No
□ Other (please specify)
/,

10. Please select the box that best describes your service needs:
□ Homebound, difficult or impossible to leave home/ Require in-home services
□ Limited or no access to transportation
□ No issues. Can access services any place within city-limits. □ No issues, but prefer services/programs to be offered in a particular area of town (please specify.)
I,

11. Assuming a center offered services and/or programs that you selected in Question 1; how often do you estimate you would utilize the center? □ 10+ times per month
□ 5 to 9 times per month
□ 1 to 4 times per month
□ Less than 1 time per month
□ Other (please specify)
PAGE40F8
Deadline to Return: September 18, 2022 (Drop-off locations listed on page 7.)

12. Assuming the services and/or programs you selected in Question 1 were available outside of a center (e.g., neighborhood parks, online, in-home), how often do you estimate you would utilize these services? □ 10+ times per month
□ 5 to 9 times per month
□ 1 to 4 times per month
□ Less than 1 time per month
□ Other (please specify)

13. Would you be willing and able to pay for additional programs and/or services offered by third-parties such as contract instructors or local business owners, if offered?
□ Yes
□ No
□ Unsure
□ Other (please specify)
Demographics

14. Age range
□ 50-54
□ 55-60
□ 61-65
□ 66-70
□ 71-75
□ 76-85
□ 86-95
□ 96+
PAGESOF8

15. Gender: How do you identify?
□ Male
□ Non-binary
□ Female
□ Prefer to self-describe, below
Self-describe:

16. My preferred language is
□ English
□ Spanish
□ Other (please specify)

17. What is your approximate average household income?
□ $0-$24,999
□ $25,000-$49,999
□ $50,000-$74,999
□ $75,000-$99,999
□ $100,000-$124,999
□ $125,000-$149,999
□ $150,000-$174,999
□ $175,000-$199,999
□ $200,000 and up
□ Prefer not to state
PAGE 6 OF 8
Deadline to Return: September 18, 2022 (Drop-off locations listed on page 7.)

18. If your primary residence is within Carpinteria city limits, please select your district below using the district map provided on page 8. If you live outside of Carpinteria city limits, or don't know what District you live in, please select "other" and specify your general location of residence. □ District 1
□ District 2
□ District 3
□ District 4
□ District 5
□ Other (please specify)
Drop-off Locations (Available drop-off times vary by location.) • City Hall: 5775 Carpinteria Avenue
• Carpinteria Community Library: 5141 Carpinteria Avenue • The Gym Next Door: 4915 Carpinteria Avenue, Suite A
• Girls, Inc.: 5315 Foothill Road
• Sandpiper Mobile Home Park Clubhouse: 3950 Vfa Real (pets not permitted) PAGE 7 OF 8
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PAGE 8 OF 8
Fecha If mite para la devoluci6n: 18 de septiembre de 2022 (los lugares de devoludon se muestran en la pagina 7.)
Carpinterfa - Evaluaci6n de Necesidades de la Comunidad para Adultos Actives/Servicios al Adulto Mayor.

Generalidades
Gracias por tomarse el tiempo para completar esta breve pero importante encuesta. La ciudad de Carpinteria esta realizando una evaluaci6n de las necesidades de la comunidad para adultos activos/servicios al adulto mayor. La informaci6n que proporcione es extremadamente valiosa y avudara al Concejo de la Ciudad en sus esfuerzos por servir mejor a Carpinteda ya sus actuales y futures adultos mayores. Una vez mas, gracias.

1. tOue le gustarfa encontrar en un posible centro para adultos activos/adultos mayores? (seleccione todas las que correspondan)
□ Oportunidades de socializaci6n
□ Oportunidades para aprender una nueva habilidad.
□ Ejercicio
□ Acceso a servicios de apoyo: Salud Mental
□ Acceso a servicios de apoyo: Medi-Cal/Medicare
□ Acceso a servicios de apoyo: planificaci6n patrimonial □ Acceso a servicios de apoyo: Cupones de alimentos/recursos (transporte, salud mental, etc.)
□ Acceso a servicios de apoyo: recursos LBGTQIA+ para personas mayores □ Distribuci6n de comida
□ Comidas comunitarias (ej. almuerzo)
□ Oportunidades para ser voluntario
□ Oportunidades de excursiones: Excursiones de dfa
□ Oportunidades de excursiones: Pasando la noche
□ Oportunidades de excursion: Viajes sentados
□ Entretenimiento
□ Enriquecimiento
□ Educaci6n
□ Otros (especificar)
PAGE 1 OF8) .,.

2. iQue posibilidades hay de que utilice el centro?
D Muy probable
D Probable
D Algo probable
D Algo poco probable
D Improbable
D muy improbable

3. iCual serla una barrera para que usted utilice plenamente el centro? (seleccione todas las que correspondan)
D Transporte hacia/desde el local
D La ubicaci6n (ej. si se trata de un espacio compartido asociado con una organizaci6n sin fines de lucro, iglesia, etc.)
D Problemas medicos/de salud personal
D Accesibilidad personal
D Otros (especificar)

4. iEstada de acuerdo y le serla posible pagar una cuota mfnima anual de membresfa?
D $25-$50
D $50-$75
D $75-$100
D $100-$125
D $125-$150
D $150 o mas
D Otro (especificar)
PAGE20F8
Fecha llmlte para la devoluci6n: 18 de septiembre de 2022 (las lugares de devoludon se muestran en la pagina 7.)

5. lEstarfa de acuerdo y le serla posible ofrecerse coma voluntario en servicios y/o programas para adultos mayores?
□ Si
□ No
□ Si es asf, lque habilidades, pasatiempos o intereses estaria dispuesto y podria contribuir?
Localidad
ldealmente, un centro para adultos mayores/adultos activos proporciona una localizaci6n central para adultos mayores, programaci6n, servicios y recursos. Sin embargo, no todos los servicios y/o programas tienen la capacidad de ofrecerse en un local central. Por ejemplo, se pueden ofrecer clases de pickleball para personas mayores en un parque del vecindario, clases de baile pueden ofrecerse en un estudio de baile local, y distribuci6n de alimentos puede hacerse entregandose a domicilio a adultos mayores confinados en casa. Tenga todo esto en cuenta cuando responda las siguientes preguntas.

6. lQue tan importante es que los servicios y/o programas se ofrezcan en un mismo lugar?
□ Extremadamente importante (ej. se requiere, o muy preferido, que los servicios/programas se ofrezcan en un solo lugar).
□ Muy importante
□ Alga importante
□ No tan importante
□ Nada importante (ej. capaz de participar o disfrutar participando en servicios/programas ofrecidos en varios lugares dentro de los limites de la ciudad.)

7. Dias preferidos en los que participaria (dependiendo de la ubicaci6n) □ Dias de semana
□ Fines de semana
□ Sin preferencia/variados
PAGE 3 OF 8

8. Horas preferidas en que participarfa (dependiendo de la ubicaci6n) □ 8am-11am
□ 11am-2pm
□ 2pm-Spm
□ Spm-8pm
□ No preferencia/variados

9. lla localizaci6n desanimarfa su participaci6n?
□ Si
□ No
□ Otro (especificar)

10. Seleccione la casilla que mejor describa sus necesidades de servicio:
□ Confinado en el hogar, diffcil o imposible salir de casa / Requiere servicios en el hogar
□ Acceso limitado o sin acceso a transporte
□ Sin problemas. Puede acceder a los servicios en cualquier lugar dentro de los lfmites de la ciudad.
□ No hay problema, pero prefiere que los servicios/programas se ofrezcan en un area especffica de la ciudad (especificar).

11. Suponiendo que un centro ofreciera servicios y/o programas que usted seleccion6 en la Pregunta 1, lCon que frecuencia estima que utilizarfa el centro?
□ Mas de 10 veces al mes
□ 5 a 9 veces al mes
□ 1 a 4 veces al mes
□ Menas de una vez al mes
□ Otro (especificar)
PAGE 4 OF 8
Fecha llmlte para la devoluci6n: 18 de septiembre de 2022 (las lugares de devoludon se muestran en la paglna 7.)

12. Asumiendo que las servicios y/o programas que seleccion6 en la Pregunta 1 estuvieran disponibles fuera del centro (ej. Parque vecinal, en lfnea, in casa), tcon que frecuencia estima que utilizarfa estos servicios? □ Mas de 10 veces al mes
□ 5 a 9 veces a I mes
□ 1 a 4 veces a I mes
□ Menas de una vez al mes
□ Otro (especificar)

13. tEstarfa de acuerdo y le serla posible pagar par programas y/o servicios adicionales ofrecidos par terceros, coma instructores contratados o propietarios de negocios locales, si es que se ofrecen? □ Si
□ No
□ No estoy seguro
□ Otro (especificar)
Demografia

14. Rango de edad
□ 50-54
□ 55-60
□ 61-65
□ 66-70
□ 71-75
□ 76-85
□ 86-95
□ 96+
PAGE 5 OF 8

15. Genera: lC6mo se identifica?
□ Masculino
□ No binario
□ Femenino
□ Prefiere auto describirse, abajo
Autodescripci6n:

16. Mi idioma preferido es
□ Ingles
□ Espanol
□ Otro (especificar)

17. lCual es su ingreso familiar promedio aproximado?
□ 0-$24,999
□ $25,000-$49,999
□ $50,000-$74,999
□ $75,000-$99,999
□ $100,000-$124,999
□ $125,000-$149,999
□ $150,000-$174,999
□ $175,000-$199,999
□ $200,000 a mas
□ Prefiero no declararlo
PAGE 6 OF 8
Fecha llmlte para la devoluci6n: 18 de septiembre de 2022 {los lugares de devoludon se muestran en la pagina 7.)

18. Si su residencia principal se encuentra dentro de los lfmites de la ciudad de Carpinteria, seleccione su distrito utilizando el mapa del distrito proporcionado en la pagina 8. Si vive fuera de los If mites de la ciudad de Carpinteria. o no sabe en que distrito vive, seleccione "otro" y especifique su ubicacion general de residencia.
□ Distrito 1
□ Distrito 2
□ Distrito 3
□ Distrito 4
□ Distrito 5
□ Otro {especificar)
Locales de entrega (las horarios de entrega disponibles varfan segun el loca I.)
• Municipio: Carpinteria Avenue 5775
• Biblioteca Comunitaria de Carpinteria: Carpinteria Avenue 5141 • The Gym Next Door: Carpinteria Avenue 4915, Suite A
• Girls, Inc.: Foothill Road 5315
• Sandpiper Mobile Home Park Clubhouse: Via Real 3950 {nose admiten mascotas)
PAGE 7 OF 8
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PAGE 8 OF 8
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 28, 2022

ITEM FOR COUNCIL CONSIDERATION
Review and consideration of the land lease between the UPPO's Garden, LLC and the City of Carpinteria for a portion of the property located at 399 Linden Avenue.

STAFF RECOMMENDATION
Receive the report and provide direction to Staff as determined appropriate.

BACKGROUND
The City of Carpinteria (City) purchased 399 Linden Avenue (Property) from the Union Pacific Railroad (UPRR) in December 2013. At the time of purchase by the City, UPPO's Garden, LCC (Tenant) had an existing lease dated March 1, 2004 with UPRR, which required Tenant to install perimeter fencing. In exchange, Tenant was permitted to use for parking and beautification purposes.

Following the City's purchase of the Property, Tenant requested that City continue the arrangement it had with UPPR. In 2014, the City Council considered the request by Tenant, and, ultimately, offered a month-to-month lease (Lease) of only a portion of the Property (Lease Area) for hobby gardening purposes beginning on May 12, 2014 (See Attachment A, Lease). As a term of the Lease, Tenant expressly acknowledges and agrees that Landlord is renting the Premises to Tenant on an interim basis while the City determines a long-term use for the Property. (Section 4.2.2).

Exhibit A to the lease illustrates the Lease Area, which includes approximately 15,750 square feet and is 45 feet wide and 350 feet long. The Tenant has made certain improvements and occupied the Lease Area since the lease initiation.

The terms of the lease allow for the Tenant to license one other user and Tenant has licensed Mr. Richard Batchelder to use a portion of the Leased Area under the same terms. Mr. Batchelder is an adjacent property owner.

On October 11, 2021, upon its request the Council received a report on the Lease (See Attachment B, Staff Report and attachments). As a part of the Council meeting, City 24939275.1
Property Report for 399 Linden Avenue

staff provided images and descriptions of various conditions it determined to be Lease compliance issues. A lawyer and representative for the Tenant provided testimony at the meeting disputing most of the compliance issues staff had identified. (Attachment C, Meeting minutes and correspondence).

At the Council's January 22, 2022 annual Work Plan workshop, the Council directed that staff prioritize work to implement a capital improvement project for a trail connection through the Property from Linden Avenue to Holly Avenue. Following this direction, on July 5, 2022, the Carpinteria Planning Commission granted a permit for the trail to be constructed across the Property (Project #22-2147 DP/CDP). The project is scheduled for construction in the winter of 2023.

The Property is also subject to a Lease Disposition and Development Agreement entered into between the City and 499 Linden Managers, LLC (Developer), which calls for the Developer to make certain public parking and trail improvements on the Property. The Property would also be affected by voter passage of Measure T2022, a ballot measure that would make certain land use and zoning changes that, in part, aim to prevent the Property from being used and/or developed for public parking lot purposes.

This agenda matter has been scheduled at the request of Councilmembers Lee and Carty to review the Lease for the purpose of allowing the Council the opportunity to continue, modify or terminate it.

DISCUSSION
The following is a general summary of the Lease terms:
• Lease is a month-to-month tenancy and is terminable (with or without cause) with 30- day notice from either Tenant or the City
• Rent was originally set at $150 per month and has been adjusted to $172.84 per month pursuant to the terms of the Lease.
• Tenant has agreed to maintain specified insurance coverage • Tenant has also agreed to the following terms:
o May install perimeter fence on Leased Area, 4 foot height maximum. o May be used only for hobby gardening
o May keep animals on property (subject to limitations) o May issue one license to Richard Batchelder to occupy up to 50% of the Leased Area under the same terms as the Lease
o No storage allowed that is not related to hobby gardening o No vehicles
o No signs
o No improvements either temporary or permanent are allowed o No noxious or invasive species are allowed
o No planting of trees is allowed without written consent 24939275.1
Property Report for 399 Linden Avenue

Following the October 2021 City Council meeting, the Tenant has corrected the fencing and green waste accumulation issues identified in the October 11, 2021 staff report presented to the Council.

In recent weeks, the owners of three properties located south of the Property have made inquiries to City staff about the possibility of entering into a lease with the City similar to the Lease between the City and Tenant.

Any amendment to the Lease must be in writing and signed by the parties. An amendment may modify any provision of the Lease, such as reducing the Leased Area so as to allow others to also use it. This possibly has the advantage of modestly increasing City's rental income.

As noted above, the Lease may also be terminated by either party for any reason or no reason at all, upon giving 30 days' notice to the other party. Termination is effective the last day of the first full month following the date written notice of termination is delivered. Where Tenant terminates the Lease, however, at City's election, termination may not be effective until such time Tenant vacates the Leased Area and restores it in good order.

Where the City provides 30-days' notice to Tenant of an "event of default" that remains uncured after the notice period, City has other rights, such as to bring suit with certain damages available and agreed to by the parties, to enter the property and remove persons and belongings (with storage of said belongings at Tenant's cost), and/or to relet the Leased Area to others (and applying rent received from others to any back rent owned by the Tenant).

On surrender of the premises, Tenant must remove all Tenant's belongings and restore the Leased Area in good order, condition and repair ("the condition at the time the premises were leased from the City").

At any time, the City may apply any portion of the $1,400 security deposit toward curing outstanding issues with the Leased Area. Tenant is responsible for replenishing the security deposit fund upon City's written demand, with failure to do so being a material breach of the lease.

FINANCIAL CONSIDERATIONS
Currently the Leased Area is leased at a rate of $172.84 per month or $2,074.03 per year. Lease payments are current.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney is available to answer questions.
24939275.1
Property Report for 399 Linden Avenue
Page4

OPTIONS

1. The City Council may receive this report and public testimony and take no action, in which case the lease between the City and Tenant would continue on a monthto-month basis.

2. After receiving the report and public testimony, the City Council may direct staff regarding any desired changes to the current Lease, in which case staff would prepare any changes for presentation to the Tenant. If Tenant accepts the modified terms, an amended Lease would be presented to Council for action. If Tenant declines any of the amended terms, staff would report that to the City Council for its further consideration.

3. After receiving the report and public testimony, the City Council may direct Staff to prepare to terminate the Lease.

PRINCIPAL PARTIES EXPECTED AT MEETING
The City has sent mail notice of this meeting to Tenant's representative(s) and neighboring properties.

ATTACHMENTS
A. UPPO's Garden, LLC Lease
B. Staff Report, October 11, 2021, Status of 399 Linden Avenue C. Minutes of October 11, 2021 City Council meeting and Correspondence Staff contact: Matthew Roberts, Parks, Recreation and Public Facilities Director (805) 755-4449
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
24939275.1
Attachment A
UPPO's Garden, LLC Lease

GROUND LEASE BY AND BETWEEN

THE CITY OF CARPINTERIA
AND

UPPO'S GARDEN, LLC
This GROUND LEASE ("Lcase0) is made and entered into as of this \Jtday of ;ti{.-:,--...._., 2014, by and between the City of Carpinteria, a California municipal corporation located in the Cout y of Santa Barbara. ("Landlord" and sometimes "City"), and UPPO's GARDEN, LLC, a California Limited Liability Corporation ("Tenant") with reference to the following facts and intentions, RECITALS:

A. WHEREAS, Landlord is the owner of record of the real property and improvements located at 399 Linden Avenue, Carpinteria, California, 93013 and more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"); and B. WHEREAS, Tenant currently leases a portion of the Property under that certain Lease of Property between Union Pacific Railroad Company and UPPO's Garden, LLC, entered into March l, 2004 ("Original Lease"), which Landlord assumed when it acquired the Property by that certain Assignment and Assumption Agreement between Union Pacific Railroad Company and the City of Carpinteria entered into on December 19, 2013, both of which documents are attached hereto as Exhibit "B" and incorporated by reference; and C. WHEREAS, Tenant desires to continue to lease a portion of the Property for gardening and landscaping purposes; and
D. WHEREAS, on an interim basis, Landlord desires to lease to Tenant and Tenant desires to lease from Landlord a portion of the Property ("Premises"), as hereinafter described, on the terms and conditions in this Lease; and
E. WHEREAS, Landlord and Tenant now desire to enter into a new lease agreement and farther intend that this Lease shall supersede and replace the Original Lease, which is hereby terminated.

NOW, THEREFORE, IN CONSIDERATION OF THE TERMS, COVENANTS AND CONDITIONS

CONTAINED HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT

AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, LANDLORD AND TENANT HEREBY AGREE AS FOLLOWS:

1. INCORPORATION OF RECITALS

1.1. Incorporation of Recitals. Landlord and Tenant agree the foregoing Recitals are true and correct and are hereby incorporated by reference.

2. SUBJECT OF LEASE
03544410873\l HJl65 l l.14

2. I The Premises. Landlord hereby leases to Tenant and · Fcnant hereby leases from Landlord the Premises, which constitute approximately l 5 thousand seven hundred-fifty square feet of open land rentable space, which is depicted and described with more particularity on Exhibit "C", attached hereto and incorporated by reference, on the terms and upon the agreements, covenants and conditions set forth in this Lease.

3. POSSESSION OF THE PREMISES
J. l As-l:s Condition. The Premises will be delivered to Tenant in its "as is" condition on the date of Tenant's Acceptance as defined in paragraph 2.2 below.

3.2 Acceptance of the Premises. Except as may be otherwise provided herein, Tenant shall, by entering into and occupying the Premises or using any portion of the Premises, be deemed to have accepted the Premises and to have acknowledged that the same is then in the condition called for by this Lease.

3.3 Surrender of the Premises. Upon the termination of this Lease, Tenant shall remove all of Tenant's property and restore the Premises to its condition at the time it was leased from City, and peaceably and quietly leave and surrender the Premises to Landlord, in good order, condition and repair.

4. TERM

4.1 Duration and Commencement. This Lease shall commence on March 1, 2014 and continue on a month-to-month basis thereafter, until either party shall terminate the lease by giving the other party thirty (JO) days written notice ..

4.2 Renewal.

4.2.1 This Lease shall automatically renew for consecutive periods of one (1) month each until terminated by either party upon thirty (30) days prior written notice of termination delivered to the other party. Landlord or Tenant may terminate the Lease for any reason or no reason at all. Any such termination shall be effective as of the last day of the first lull month following the date written notice of termination is delivered to the other party by the terminating party.

4.2.2 Tenant expressly acknowledges and agrees that Landlord is renting the Premises to Tenant on an interim basis while Landlord determines a long term use for the Property.

Tenant agrees to cooperate with Landlord to the fullest extent possible in Landlord's efforts to secure a long term use for the Property, including consenting to Landlord's reasonable access to the Premises for this purpose and other purposes not inconsistent with Tenant's permitted uses. This Lease shall not be interpreted as a guarantee, on behalfof the City, to offer to sell any portion of the Property to Tenant in the future. 2 OJ544-ll\l8W. I I 01651 l.14

4.3 Termination.

4.3. t Termination Without Cause. Notwithstanding the above, Landlord or Tenant may terminate this Lease at any time without cause, for any reason or no reason, upon thirty (30) days' written notice to the other party, provided however that al Landlord's election, no such termination by Tenant shall be effective unless and until Tenant has vacated and restored the Premises as required in Section 2.4, at which time Landlord shall refund to Tenant, on a pro rara basis any unearned rental paid in advance.

4.3.2 Termination With Cause. Landlord or Tenant may terminate this Lease at any time with cause pursuant to Article 14.1.

5. RENT
Tenant shall pay, without demand or delay, abatement, deduction, or offset, the rent in such amounts as provided herein.

5. l

5.2 Security Deposit. Concurrently with the execution of this Lease, Tenant shall deposit with Landlord a security deposit in the amount or one thousand four hundred dollars ($1,400.00) ("Security Deposit"), and thereafter, during the continuance or this Lease, shall maintain the Security Deposit with Landlord. The Security Deposit shall be security for the lull, prompt and faithful performance by Tenant of all of its obligations hereunder. Landlord shall have the right. but not the obligation, to apply the Security Deposit or any part thereof toward the cost and expense (including Landlord's attorneys' and other professional foes, if any) of curing any default on the part of Tenant; in which event, Tenant shall restore the Security Deposit to ils original amount within thirty (30) days after receipt of Landlord's written demand lo do so. t\ failure to restore the Security Deposit shall constitute a material breach of this Lease. Upon expiration or termination of this Lease and vacation of the Premises in the manner required by this Lease, the Security Deposit, or portion thereof remaining unapplied after the curing of every default by Tenant shall be returned to Tenant. No interest shall be payable to Tenant on account of the Security Deposit.

Monthly Rent. Tenant shall pay to Landlord as rental for the use and occupancy of the Premises, one hundred fifty dollars ($150.00) per month, in lawful money of the United States CMonthly Rent"). The rent shall be due on the first day of each calendar month.

Upon the annual anniversary of Lease commencement, and on every annual anniversary thereafter, the initial rental rate· of one hundred fifty dollars ($150.00) per month shall be adjusted according to any increase in the United States Consumer Price Index of the Bureau of Labor Statistics of the United States Department of J .abor for J\11 Urban. Consumers ("CPI") for LA-Riverside-Orange County, California that is published most immediately preceding the adjustment date. The base for computing the adjustment [s the CPI that is published most immediately preceding the date of the annual anniversary of Lease commencement ("Beginning CPl"). On each adjustment date, the monthly rent for the following year until the next rent adjustment will be set by multiplying $150.00 by a fraction, the numerator of which is the CPI published most immediately preceding the adjustment date in question and the denominator of 3 ()35'114\087&\l 1016511. l 4
which is the Beginning CPI. Provided, however, that in no event shall any adjusted rent be less than the rent for the month immediately preceding the adjustment. If the CPr is no longer published, then the adjustment to Rent shall be based on an alternate index that most closely reflects the CPL

5.3 Payment. All payments required to be made by Tenant under this Lease shall be made without any setoff, deduction ot· counterclaim whatsoever and shall be made by check, payable to the "City of Carpinteria" and delivered to the City at 5775 Carpinteria Ave., Carpinteria, California 93013 Attn: City Manager, or any other location that the City may designate.

5.4 Late Charges; Lease Tt>rmiuation. Any Rent not paid to Landlord within ten ( l 0) days of the due date under this Lease shall be subject lo a late fee of ten percent (l 0%) of the amount then owing. Tile parties understand and agree that the late fee is a fair and reasonable estimate of the cost of the late payment to Landlord.

5.5 Utility and Services. Tenant shall contract and pay for all water, trash and other services to the Premises which shall all be billed directly to Tenant. Landlord shall have no obligation or responsibility to provide any utility or service to the Premises.

5.6 Taxes, Assessments and Charges. Tenant covenants to pay when due, its pro rata share of all applicable taxes, assessments (including, without limitation, all assessments for public improvements or benefits, whether or not commenced or completed prior to the date hereof and whether or not to be completed within the term hereof), rates and charges, excises, levies, license fees, permit fees, inspection fees and other authorization foes and other charges, in each case, whether general or special, ordinary or extraordinary, foreseen or unforeseen. of every type of character (including all interest and penalties thereon), which at any time during or i11 respect of the term hereof may be assessed, levied, confirmed. or imposed on. or in respect of, or be measured by, or become a lien upon Landlord, the Property, this Lease or any part thereof, or any estate, or right or interest therein.

5.7 Notice of Possess()ry Interest and Payntent. (n accordance with California Revenue and Taxation Code Section I 07.6(a) this Lease may create a possessory interest that is subject to taxation. [f such interest is created, Tenant may be subject to the payment of property taxes levied on said possessory interest. Tenant agrees to pity these amounts as additional rent lo The City in the same manner and on the same schedule as the Monthly Rent, and agrees to indemnify Landlord from and against all claims pursuant to Article 7 hereof with regard to said possessory interest.

6. USE OF THE PREMISES

6.1 Permitted Use. The Premises shall be used only for the following purposes:
4 035444\0878\ l ro 16511.14

6.2 6.3

6. 1.1 Hobby gardening. Tenant shall use the Premises only for the purpose of hobby gardening to grow fruits, vegetables and ornamental plants.

6. 1.2 Live animals. Tenant is permitted to maintain dogs, cats, and no more than twelve ( 12) chickens on the Premises. Any live animals on the Premises must be maintained in compliance with Title 6 of the Carpinteria Municipal Code.

6.1.3 Fencing. A four-foot high lightweight garden fence may be installed inside the perimeter of the leased premises subject to applicable City permits.

Prohibited Uses. Tenant shall not use, or allow use of, the Premises for any activity other than as set forth in paragraph 6. l without the prior written consent of Landlord. Tenant's uncured breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion. to terminate this Lease. Specifically. the following uses are prohibited:

6.2.1 Commercial activity. Tenant shall not use the Premises for any commercial activity.

6.2.2 Animals. Tenant is prohibited from keeping animals on the Premises, with the exception of those animals permitted pursuant to article 6.1.2.

6.2.3 Noxious and invasive species. Tenant shall not cultivate or allow noxious or invasive species to establish and shall operate gardening activities therein in a prudent and aesthetically pleasing manner and in full compliance with all terms and conditions of this Lease. Tenant shall keep weeds mowed to a height of 6" or less in height. No trees shall be planted on the Premises without Landlord's prior written consent.

6.2.4 Storage. Tenant will 1101 use the Premises for any storage unrelated to the gardening activity or permit any storage by others. Tenant sh.all not, without prior written consent from Landlord, store any other property, temporarily or permanently, on the Premises. In the event that any unauthorized storage shall occur Landlord shall have the right, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be payable upon demand by Landlord.

6.2.5 Vehicles No vehicles may be parked or driven on the Premises.

6.2.6 Signs. No signs are allowed to be displayed on the Premises without prior written approval of the Landlord.

6.2.7 Improvements. Tenant shall not construct or place any permanent or temporary improvements of any kind on the Premises.

Comuli:rncc with llulcs and l{cgulations. Landlord shall have the right, from time to time, lo establish, modify, amend and enforce reasonable rules and regulations ("Rules and Regulations") for the management, safety, care, and cleanliness of the Premises, and the preservation of good order. Tenant agrees to abide by and conform to all such Rules and Regulations. 5 ll3544410878\l 10165 I l.l4

6.4 Compliance with Laws. Tenant shall not occupy or use the Premises, or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises, in whole or in part, for other than legal purposes. or for a purpose or in a manner liable to create u public or private nuisance or lo cause structural injury to the Premises or any part thereof, or which may make it difficult, impossible or cost prohibitive to obtain fire or other insurance thereon required to be furnished by Tenant hereunder, or in violation of any certificate or occupancy or evidence of compliance issued by any governmental agency covering or affecting the use of the Property, or in violation of any ordinance or regulation of the City. Tenant's uncured breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

6.5 Alterations; (mprovements. Tenant shall not, without the Landlord's prior written consent, make any alterations, improvements or additions in or about the Premises, As a condition to giving any such consent, the Landlord may require the Tenant to remove any such alterations, improvements, or additions and to restore the Premises to their prior condition upon JO-day notice or upon termination of the Lease. Unless the Landlord requires their removal as set forth above, al! alterations, improvements or additions which are made on the Premises by the Tenant shall become the property of the Landlord and remain upon and be surrendered with the Premises upon termination of the Lease. Any damage to the Premises caused by said removal shall be repaired at Tenant's sole cost.

6.6 Use by Others. Tenant shall not sublease any portion of the Premises and shall not grant any right to use any portion of the Premises by any means, including, but not limited to, by license, save one exception. Under the terms of this Lease, Tenant is allowed to offer no more than one (I) license lo occupy no more than fifty percent (50%) of the Premises under the same terms as the Tenant ("License") for the benefit of Richard Batchelder at 368 Holly Avenue, Carpinteria.

CA 93013 (/\PN 003-440-003), whose property is immediately adjacent to and abuts the premises, and to whom Tenant has currently granted a license. No other licenses lo other persons shall be permitted. The License must be in writing and the terms of such License shall require the prior approval of Landlord. The License shall be subject and subordinate to all provisions o[ this Lease. If Tenant fails to comply with the above requirements in entering into the License, the License shall be void.

7. LIENS

7.1 Lien Indemnification. Tenant shall at all times indemnity, save and hold Landlord, the Premises und the Property, free, clear and harmless from any claims, liens, demands, charges, encumbrances or litigation arising directly or indirectly out 01· any use, occupancy or activity of Tenant, or out of any work performed, material furnished, or obligations incurred by Tenant, in, upon, about or otherwise in connection with the Premises and shall pay or cause to be paid for all work performed and material furnished to the Premises which will or may result in a lien on the Property, and will keep the Property free and clear of all mechanic's liens and materialmen's liens (including the posting of an appropriate bond which shall release the lien).

8. lNDEMNIFICATION, BUSINESS INTERRUPTION AND INSURANCE 6 03544410878\11016511.14

8.1 General lndcmnificution, To the fullest extent permitted by law, Tenant hereby indemnifies, holds harmless and agrees to defend Landlord from and against all claims, damages, expenses (including, without limitation, reasonable attorneys' fees and reasonable investigative and discovery costs), liabilities and judgments (for purposes of this Article 7, "Claims") arising from the use of the Premises or Property pursuant to this Lease, including, but not limited lo, any Claims 011 account of injury to persons. loss of life, or damage to property occurring on the Premises or Property and caused by the alleged active or passive negligence or willful misconduct or Tenant, its agents, servants or employees. Tenant's obligations with respect to indemnification hereunder shall remain effective, notwithstanding the termination of this Lease, as to claims arising or accruing prior to the termination 01· this Lease.

8.2 Use lnterruption. Tenant agrees that no claims for damages, loss of use, or loss of income either direct or indirect shall be made against Landlord.

8.3 Linhititv Insurance Coverage and Limits. Throughout the term of this Lease Tenant agrees to maintain, and/or cause to be maintained, at no cost to Landlord, liability insurance insuring its interests against claims for personal injury, bodily injury, death and property damage occurring on, in or about the Premises and the ways immediately adjoining the Premises, with a "Combined Single Limit" (covering personal injury liability, bodily injury liability and property damage Liability) of not less than One Million Dollars ($1,000,000.00). Landlord and its officials, employees, and agents and all persons using the Premises shall be covered and named as additional insureds. The insurance limits in this section shall be subject to increase from time to time by such amounts as Landlord and Tenant may reasonably agree is necessary or desirable, as may be evidenced by the practice of similarly situated properties. Tenant shall provide Landlord with written evidence that such insurance is in force and that Landlord has been added as an additional insured prior to the commencement date of this [ease.

8.4 Propertv Casualty Insurance. Throughout the term of the Lease, Landlord shall have no obligation to provide or maintain any property casualty insurance.

8.5 Personal Property Insurance, Tenant shall obtain and maintain insurance coverage on all of Tenant's personal property located on or serving the Premises, along with any equipment. fixtures, and Tenant-owned alterations. Such insurance shall be full replacement cost coverage with a deductible not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Tenant for the replacement of personal property, fixtures, and Tenant-owned alterations. Landlord and its officials, employees, and agents and all persons using the Premises shall be covered and named as additional insureds. Tenant shall provide Landlord with written evidence that such insurance is in force and that Landlord has been added as an additional insured prior to the commencement date of this lease.

8.6 Damages for Failure to Provide Insurance. This Section is applicable only in the event that Tenant is not in compliance with the requirements to maintain insurance as set forth in this Article 7, Landlord shall not be limited in the proof of any damages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insurance, but Landlord shall also be 7 OJ5'1,t4\0R7R\l I 0165 l l.14
8,7
entitled to recover as damages for such bread, the uninsured amount of any loss (to the extent of any deficiency in the insurance required by the provisions of this Lease), damages, costs and expenses of suit. including attorneys' fees, suffered or incurred by reason of damage to. or destruction of, the Premises or Property, occurring during any period in which Tenant shall have failed or neglected to provide insurance as aforesaid. Tenant's uncured breach of the above shall be deemed a material default under the: terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

Landlord Discretion to Insure. Landlord. in its sole discretion, throughout the term or this r .ease, shall have the right to obtain a commercial comprehensive general liability insurance policy on the Property or alternatively, may self-insure the Property.

9. DAMAGE OR DESTRUCTION

9.1 Rccoostruction and/or Removal. it: by no fault of Tenant, Premises arc totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises. lf T .andlord elects to restore, and is able to complete such restoration within ninety (90) days from the date of damage, subject to the terms of this paragraph, this Lease shall remain in full force and effect. Rent shall be abated as of the date of damage. The abated amount shall be the current Rent prorated on a thirty (30) day basis. If this Lease is not terminated, and the damage is not repaired, the Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs us a result ofan act of Tenant or Tenant's invitee no reduction in Rent shall be made. io. ASSIGNMENT AND SUBLETTING
1 O. l Prior Written Consent. Tenant may not assign or sublet all or any portion of its interest in this Lease without Landlord's prior written consent, which may, in Landlord's sole discretion, be withheld for any reason or no reason.

10.2 Assignment or Landlord's lutcrc::,t in Lease or the Leased Prcmlscs. Landlord may convey, transfer, sell, assign or otherwise transfer the Property, this Lease, all or a portion of its interest thereunder, and/or a!! or a portion of the payments that are payable to it by Tenant pursuant to this Lease. Tenant hereby consents and agrees to any such transfer which Landlord considers necessary or proper, regardless of the reason or reasons for which Landlord makes such transfer and regardless of the entity that is the Transferee thereunder. 1 L. PERFORMANCE OF TENANT'S COVENANTS

11. 1 Right of Performance. If Tenant shal I at any time fail to pay any tax, assessment, foe or other charge in accordance with this Lease, within the time period therein permitted or shall fail to pay for or maintain any of the insurance policies provided for in this Lease, within the time therein permitted, or fail to make any oilier payment or perform any other act on its part to be made or performed hereunder. within the time permitted by this Lease, then Landlord, after ten (10) days' written notice as to payments or Rent with other charges and thirty (30) days' written notice as to other breaches, given to Tenant (or, in case of an emergency, on such notice, or without notice, 8 0354~4\087311 !016511.14
as may be reasonable under the circumstances) and without waiving or releasing Tenant from any obligation of Tenant hereunder, may (hut shall not be required to):

11. 1. 1 Pay such tax, assessment, fee or other charge payable by Tenant, or l 1.1.2 Pay for and maintain such insurance policies provided for, or l l .1.3 Make such other payment or perform such other act on Tenant's part to be made or performed as in this Lease provided.

11.2 Reimbursement and Damages. All sums :;o paid by Landlord and all costs and expenses incurred by Landlord in connection with the performance of any such act, together with interest thereon, shall constitute an obligation payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. A failure by Tenant to make such a payment shall be a material breach of this Lease. Landlord shall not be limited in the proof of any damages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insurance, but Landlord shall also be entitled to recover as damages for such breach, the uninsured amount of any loss (to the extent of any deficiency in the insurance required by the provisions of this Lease), damages. costs and expenses of suit, including attorneys' fees, suffered or incurred by reason of damage to, or destruction of, the Premises, occurring during any period in which Tenant shall have failed or neglected to provide insurance as aforesaid.

12. HAZARDOUS MA TER1ALS

12. l Landlord's Representations l!nd Warranties. Except as identified by Landlord in writing to Tenant as known environmental conditions prior to the execution of this Lease, Landlord makes no representation or warranty regarding the condition of the Premises or Property.

12.2 No Use of Hazartlou.~ Materials on the Premises. Tenant covenants and agrees that it shall not, and that it shall not permit any licensee to, treat, use, store, dispose, release, handle or otherwise manage Flammable, Explosive, Dangerous or Hazardous Materials on the Premises , and that all conduct on the Premises shall be done in compliance with all applicable federal, state and local laws, Tenant's violation of the foregoing prohibition shall constitute a material breach hereunder and Tenant shall indemnify, hold harmless and defend the Landlord for such violation as provided below.

12.3 Notice and Rcmcdiution by Tenant. Tenant shall, within five (5) days of such occurrence or immediately in cases of imminent threat of injury to lite or property, notify Landlord of any significant release of any Hazardous Materials, and/or any notices, demands, claims or orders received by Tenant from any governmental agency pertaining to Hazardous Materials which may affect the Property. Tenant's breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

12.4 Environmental Indemnity by Tenant. Tenant hereby agrees lo hold harmless, defend and indemnify Landlord and its employees, members and officials from and against all liability, loss, 9 OJ5444\0f!n\l lOl65J 1.1'1
damage, costs, penalties, fines and/or expenses (including attorney's foes and court costs) arising out of or in any way connected with (a) Tenant's breach or violation of any covenant, prohibition or warranty in this Lease concerning Hazardous Materials. or (b) the activities, acts or omissions of Tenant, its employees. contractors or agents on or affecting the Premises from and after the Possession Date, including but not limited lo the release of any Hazardous Materials or other kinds of contamination or pollutants of any kind into the air, soil, groundwater or surface water on, in, under or from the Premises whether such condition. liability, loss, damage, cost, penalty. fine and/or expense shall accrue or be discovered before or after the termination of this Lease.

This indemnification supplements and in no way limits the scope of the indemnification set forth in Article 7.

12.5 Release by Tenant. Tenant waives, releases, acquits and forever discharges Landlord and its employees, members, officials, and agents, or any other person acting on behalf of Landlord, of and from any and all claims, actions, causes of action, demands. rights, damages, costs, expenses, or compensation (for purposes of this Article 11, "Claims") whatsoever including, but not limited to, all Claims at common law. whether direct or indirect, known ur unknown, foreseen or unforeseen, which Tenant has as 1Jf the Possession Date Ql1 account of or in nny way growing out of or in connection with any Hazardous Materials or other conditions on, in, under, from, or affecting the Premises, or any )aw <)l" regulation applicable thereto. Tenant is hereby subrogatcd to any and all rights possessed by Landlord against third parties with respect to said Claims, 'Io the extent or such waiver and release, Tenant expressly waives its rights, if any. under California Civil Code Section 1542 which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLArMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST lN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HTS OR HER SETTLEMENT WlTII THE DEBTOR."

12.6 Erwirunmcntal rnd.crnnitv by Landlord, Landlord hereby agrees to hold harmless, defend and indemnify Tenant and its employees, members, officers, directors, and agents from and against all liability, loss, damage, costs, penalties, fines and/or expenses (including attorney's fees and court costs) arising out of or in any way connected with the activities, acts or omissions of Landlord, its employees, contractors or agents on or affecting the Premises, including but not limited to the release of any Hazardous Materials or other kinds of contamination or pollutants of any kind into the air, soil. groundwater or surface water on, in, under or from the Premises whether such condition, liability, loss, damage, cost, penalty, fine and/or expense shall accrue or be discovered before or after the termination of this Lease.

12.7 Release by Landlord. Landlord waives, releases, acquits and forever discharges Tenant and its employees, members, officers, directors, agents, or any other person acting on behalf of Tenant, of and from any and all Claims whatsoever including, but not limited to, all Claims at common law, whether direct or indirect, known or unknown, foreseen or unforeseen, which Landlord has as of the Possession Date on account of or in any way growing out of or in connection with any Hazardous Materials or other conditions on, in, under, from, or affecting the Premises, or any law or regulation applicable thereto.
10 OJ5'1441n878\1 IOl6511.1·1

12.8 Termination. The agreements and obligations of the Parties under this Article 11 with regard to indemnification or Landlord m Tenant shall survive the termination of this Lease for any reason, For live (5) years and all claims relating thereto must be delivered in writing to Landlord or Tenant, as the case may be. within such period.

13. REPRESENTATIONS AND WARRANTIES

13.1 Landlord's Representations 11nd Warranties, Landlord represents and warrants to Tenant that:

13.1.l landlord has full right and authority to grant the rights provided herein and to execute and perform all of the terms and conditions of this Lease.

13. l.2 Tenant, upon performing and complying with all covenants, agreements, terms and conditions of this Lease to be performed or complied with by it, shall peaceably and quietly have, hold and enjoy the full possession and use of the Premises until termination of the Lease.
l 3 .1.3 Landlord. has the power and authority to enter into this Lease and perform all the obligations of Landlord hereunder.

Landlord does not make any representations or wan-antics regarding the condition of the Premises, or its suitability for the use of tbe Premises contemplated by this Lease.

I
.., ·,
.) -~ Tenant's Representations and Warranties. Tenant represents and warrants to Landlord that:

13.2. l Tenant has examined the Premises and accepts the Premises in its "as is" condition without representation or warranty (express or implied) and subject to all defects and conditions, whether patent or latent, and subject further to all legal requirements, including taxes, assessments, zoning, use permit requirements and building codes, based solely on Tenant's own inspection, analysis and evaluation and not in reliance on any information provided by or on behalf of Landlord. Tenant acknowledges and agrees that Landlord is under no obligation to prepare or improve the Premises for Tenant's use.

Except as otherwise provided in this Lease, Tenant hereby releases Landlord from any and all liabilities and obligations that Landlord might otherwise have to Tenant and all claims Tenant might otherwise have against Landlord with respect to the condition of the Premises. To the extent of such waiver and release, Tenant expressly waives its rights, if any, under California Civil Code Section 1542 which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR llER FAVOR AT THE TlME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HlN1 OR HER MUST HA VE MATERIALLY AFFECTED HIS OR HER SETTLEMENT \VITH THE DEBTOR."
11 035444\0878\J [0[651 l.14
LJ.2.2 Tenant acknowledges that Landlord has not made any representations or warranties regarding the condition of the Premises, or its suitability for the use of the Premises contemplated by this Lease.

13.2.3 Tenant has the right, power and authority to enter into this Lease and to pet-form all the obligations of Tenant hereunder.

14. EVENTS OF DEFAULT; REMEDlES

14.1 Events of Default. Any one or all of the following events after thirty (30) days written notice to Tenant, unless a shorter period is specified, shall constitute an event of default hereunder ("Evcnt(s) of Default"):
12 0354:14\08 78\ 110 l 6511.14
l4.1. l The default in the payment of any Monthly Rent or other charges by Tenant when and as the same becomes due and payable and. such default continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; or

14. l .:2 The abandonment or vacation of the Premises by Tenant; or l 4. l .3 The entry of any decree or order for relief by any court with respect to Tenant, or any assignee or transferee of Tenant (hereinafter "Assignee"), in any involuntary case under the Federal Bankruptcy Code or any other applicable federal or state law; or the appointment of or taking possession by any receiver, liquidator, assignee, trustee, sequestrator or other similar official of Tenant or any Assignee, or of any substantial part of the Premises of Tenant or such Assignee, or the ordering or winding up or liquidating of the affairs of Tenant or any Assignee and the continuance of such decree or order unstayed and in effect for a period of sixty (60) days or more (whether or not consecutive); or the commencement by Tenant of any such Assignee of a voluntary proceeding under the Federal Bankruptcy Code or any other applicable state or federal law or consent by Tenant or any such Assignee to the entry of any order for relief in an involuntary case under any such law, or consent by Tenant or any such Assignee to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, sequestrator or other similar official of Tenant or any such Assignee, or of any substantial property of any of the foregoing, or the making by Tenant or any such Assignee of any general assignment for the benefit of creditors; or Tenant or any such Assignee takes any other voluntary action related to the business or' Tenant or any such Assignee or the winding up of the affairs of any of the foregoing; or

14.1.4 The default in Tenant's performance of or compliance with any other material term, covenant or condition of this Lease where Tenant fails to cure such default within thirty (30) clays 01" Tenant fails lo use reasonable diligence in curing a default where it is of such character as lo require more than thirty {30) days lo cure; or

14.1.5 Tenant shall not be in default of any of the terms, conditions, covenants, warranties, agreements or restrictions provided under this Lease or any other discretionary Landlord approvals on the last day of the term; or

14.1.6 The Premises shall be maintained in good operating condition with no material deferred maintenance including, but not limited to, keeping weeds mowed in compliance with Carpinteria-Summerland Fire District management regulations regarding vegetation; or 14, I. 7 Tenant shall not be in violation of any ordinance or regulation of the City on the last day of the term; or

14.1.8 Notwithstanding the above, the parties also understand and agree that persistent and chronic late payments are disruptive and costly to Landlord, requiring Landlord to devote additional time, money, resources and energy to the administration of this Lease, all of which cannot be sufficiently reimbursed to Landlord by way of Tenant's payment of the late fee. Therefore, Tenant's failure to timely pay Rent (within ten (10) days of the due 13 035<144\0873\! I Ol65 I l.l4
date) on any four (4) occasions during a twelve ( 12) month period one ( 1) mu nth shall be deemed a material and incurable default under this Lease, giving rise to Landlord's right, in its sole discretion, lo terminate this Lease upon thirty (30) days· notice. Landlord's decision not lo exercise this remedy at any time during the term of this Lease shall not act to waive Landlord's right to exercise such remedy at a future date.

14.2 Remedies,

14.2. l If an Event of Default shall occur and continue as aforesaid, then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and bring suit against Tenant and recover as an award in such suit the following:
(i) the worth at the time of award of the unpaid Rent and all other sums due hereunder which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;
(iii) the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder for the balance of the term after termination exceeds the amount of such rental toss that Tenant proves could be reasonably avoided; (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things could be likely to result therefrom; and (v) such amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.
l 4.2.2 If an Event of Default occurs, Landlord shall also have the right, with or without terminating this Lease, lo reenter the Premises and remove all persons and property from the Premises; property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant.
l 4.2.3 If an Event of Default occurs, Landlord shall also have the right, with or without terminating this Lease, to relet the Premises. lf Landlord so elects to exercise its right to relet the Premises without terminating this Lease, then rents received by Landlord from such reletting shall be applied: First, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; Second, to the payment of any cost of such reletting; Third, to the payment of the cost of any alterations and repairs to the Premises; Fourth, to the payment of Rent due and unpaid hereunder; and fifth, the residue, if any, shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. Should the amount of rents received from such reletting during any month which is applied to the payment of Rent hereunder be less than that agreed to be paid during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as 14 035'1441037~\l IO 165 I 1.14
ascertained, any costs and expenses incurred by Landlord in such reletting or in making alterations and repairs not covered by the rents received from such relctting.

14.2.4 No reentry or taking possession of the Premises by Landlord pursuant to this Lease shall be construed as ,m election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Tenant because of any default by Tenant, Landlord may at any time after such re letting elect to terminate this Lease for any such default.

14.3 Receipt of Rcnt
1 No Waiver of Default. The receipt by Landlord of the Rents or any other charges due to Landlord, with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants of this Lease, shall not be <kerned to be a waiver of any provisions of this Lease. No acceptance by Landlord of a lesser sum than the Rents or any other charges then due shall be deemed to be other than on account of the earliest installment of the Rents or other charges due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment of Rent or charges Jue be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in this Lease. The receipt by Landlord of any Rent or any other sum of money or any other consideration paid by Tenant after the termination of this Lease, or after giving by Landlord of any notice hereunder to effect such termination, shall not, except w, otherwise expressly set forth in this Lease, reinstate, continue, or destroy, or in any manner impair the efficacy of any such notice or termination as may have been given hereunder by Landlord Lu Tenant prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by Landlord. No act or thing done by Landlord or by its agents or employees during the term of the [ .casc shall be deemed to be an acceptance of a surrender of the Premises, excepting only an agreement in writing signed by Landlord accepting or agreeing to accept such a surrender.
l4.4 Effect on Indernniflcatinn. Notwithstanding the foregoing, nothing contained in this Article shall be construed to limit Landlord's right to indemnification as otherwise provided in this Lease.

14.5 Notice of LamllonPs Default; Tenant's Waivc1-. Landlord shall not be considered to be in default under this Lease unless (a) Tenant has given notice specifying the default and (b) Landlord has failed for thirty (30) days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for uoncurablc defaults.

15. ENTRY BY LANDLORD

15. l Right of Entry. Landlord and its respective authorized representatives shall. have the right to enter the Premises at all reasonable limes and upon reasonable notice for the purpose of inspecting the same and lo take ult such action thereon as may be necessary or appropriate for any such purpose provided for under this I .ease or any other lawful purpose including protecting the Premises or showing the Property to prospective purchasers or tenants (but nothing contained 15 OJ51•11\0878\\ !0165 t I .14
in this Lease shall create or imply any duty on the part of Landlord to make any such inspection or to Jo any such work). No such entry shall constitute an eviction ofTenant, I (1. l{EPAlRS AND MAINTENANCE

16. l Responsibilities. All damage or injury done to the Premises by the Tenant or by any person who may be in or upon the Premises or Property with the Tenant's consent or invitation shall he paid for by the Tenant.
l 7. DEFINITIONS
l 7. l "Hazardous Materials" shall mean any substance or material defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous waste", "acutely hazardous waste", "restricted hazardous waste", "toxic substances" or "known to cause cancer or reproductive toxicity" (or words of similar import), petroleum products (including crude oil or any fraction thereof) or any chemical substance or material which is prohibited, limited or regulated under any federal, state or local law, ordinance. regulation, order, permit, license, decree, common law or treaty regulating, relating to or imposing liability or standards concerning materials or substances known or suspected to be toxic or hazardous to health and safety, the environment or natural resources..

17.'2 "Landlord's Interest" shall mean its fee interest in the Properly and. its interest in this Lease, or any part thereof.

17.J "Possession Date" is agreed Lo be March 1, 2014.

17.4 "Rent" refers lo the Monthly Rent and Additional Rent and any other amounts due the Landlord under this Lease unless the context clearly manifests a different intent. l 8. GENERAL PROVISIONS

18. t Notices. All notices and other communications hereunder shall be in writing, shall be sent by first class registered or certified United States mail, postage prepaid, and shall be deemed to have been given two (2) days after the day of mailing, addressed: (a) if to Landlord: 5775 Carpinteria Ave, Carpinteria, CA 93013, Attn: City Manager or at such other addresses as Landlord shall haw furnished to Tenant; and (b) if to Tenant: , Carpinteria. CA __, Attn:
_______,oral such other addresses as Tenant shall have furnished Landlord in writing.

18.2 Successors. All of the rights and obligations of the Parties under this Lease shall bind and inure to the benefit ofthe respective heirs, personal representatives, successors. grantees and assigns of the Parties and the restrictions, covenants and obligations pertaining to the Premises shall run with the land and shall continue until this Lease is terminated or expires. l 8.3 Mediation and Arbitration.

18.3. l Mediation. Except as otherwise provided herein, any controversy, claim, or dispute arising out of or related to this Lease or the interpretation, performance, or alleged breach 16 ◊)5444\0878\1 ]016511 14
of this Lease (a "Oispu te") shall be resolved according to the procedures set forth in this paragraph, which shall constitute the sole dispute resolution mechanism under this Lease.

In tbe event that the Parties are unable to resolve any Dispute utter meeting and attempting in good faith to reach a negotiated resolution, such Disputers) shat! first be mediated by a retired judge or justice of a court or by a trained and qualified mediator mutually agreeable to the Parties. If the Parties arc unable LO agree upon a mediator, either party may apply to a licensed mediation service for the appointment or a mediator from a panel of retired judges or justices or other trained and qualified mediators. Upon the appointment or a mediator, the Parties thereafter shall submit their Dispute to mediation and engage in the mediation process fully and in good faith.

18.3.2 Arbitration. Except as otherwise provided herein, if the Parties are unable to resolve one or more Disputers) by mediation, then either Party may initiate arbitration of such Dispute(s). The arbitration shall be initiated and conducted according to the Commercial Arbitration Rules of a reputable and qualified arbitration service, including rules that allow an Appeal (the "Arbitration Rules"). The arbitration shall be conducted at a mutually agreeable location before a single neutral arbitrator appointed in accordance with the Arbitration Rules, except that the Parties shall be entitled to undertake discovery in the arbitration in accordance with the statutory provisions and rules applicable, as of the date of the first Arbitration Notice, to discovery in civil actions before a Court with jurisdiction over the Parties and the subject matter. The arbitrator shall have the authority to hear and rule upon all discovery motions and, in connection therewith, to award sanctions as appropriate in accordance with the then-prevailing law. Any appeal shall be heard and decided by a panel of three neutral arbitrators. The neutral arbitrator and the members of any Appeal Panel shall be retired judges or justices of any state or federal court. In all their substantive (as opposed to procedural or discovery-related) rulings, the arbitrator and Appeal Panel shall apply the law specified in the choice of law provision of this Agreement. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction.

18.3.3 Exclusions from Mediation and Arbitration. The following matters are excluded from mediation and arbitration hereunder: 0) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action, (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions.

18.4 Attorney's Fees. In any action for any relief, declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder (collectively, an "Action"), each party shall bear its own attorney's fees.
17 IHS444\087Sll 1016511.14

18.5 Integration. This Lease, and the exhibits attached hereto, constitute the entire agreement between and final expression of the parties, and there arc th) agreements or representutions between the parties except as expressed herein or therein. All prior negotiations and agreements between Landlord and Tenant with respect to the subject matter hereof arc superseded by this Lease. L·'.xccpt as otherwise provided herein, no subsequent change or addition to this Lease shall be binding unless in writing and signed by the parties hereto.

18.6 No Waiver By Landlord. To the extent permitted by applicable law, no failure by Landlord to insist upon the strict performance of any term hereof or to exercise any right, power or remedy consequent upon a default under this Lease, and no acceptance of Rent during the continuance of any such default, shall constitute a waiver of any such default or of any such term. No waiver of any default shall affect or alter this Lease, which shall continue in full force and effect, or the rights of Landlord with respect to any other then existing or subsequent default.

18.7 Amendment. This Lease can be modified, supplemented; amended or rescinded only by a writing expressly referring to this Lease and signed by Landlord and Tenant.

18.8 Sevcrability; Consent. If any term of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such term shall not be affected thereby. This Lease shall be binding upon and inure to the benefit of and be enforceable by the respective successors of the parties hereto. The headings in this Lease are for purposes of reference only and shall not limit or define the meaning hereof. This Least: may be executed in any number of counterparts, each of which shall be an original. but all of which shall together constitute one and the same instrument.

18.9 Warranty Against Payment of Consideration. Tenant wan-ants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Lease.

18.10 Non-liability of Landlord Officials and Employees; Non-liability of Members. No member, official or employee of Landlord shall be personally liable to Tenant, or any successor in interest, in the event of any default or breach by Landlord or for any amount which may become due to Tenant or its successor or on any obligations under the terms of this Lease. l 8.11 Remedies Cumulative. The various rights, options, elections and remedies of Landlord contained in this Lease shall be cumulative and no one of them shall be construed as exclusive of any other, or of any right, priority or remedy allowed or provided for by law and not expressly waived in this Lease.

18. l2 Time of the Essence, Time is of the essence as to this Lease and all of the terms, provisions, covenants and conditions hereof.

18.13 Controlling and Venue Law. The validity u f this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving [8
IJJ5444\[1873\l 1Dl65 l I. l 4
any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Santa Barbara County, California.

18.14 Covenants. Whenever in this Lease any words of obligation or duty are used in connection with either party, such words shall have the same force and effect as though framed in the form of express covenants on the part of the patty obligated.

18.15 ,Joint and Several Liability. In the event either party hereto now or hereafter shall consist of more than one person, firm or corporation, then and in such event all such persons, firms or corporations shall be jointly and severally liable as parties hereunder.

18.16 Recitals. The Recitals are true and correct as of the date hereof and are incorporated into the terms and conditions of this Lease.

18.17 Attachments. All attachments and exhibits referred to in this Lease are attached to and incorporated herein by reference.

18.20 Signatures. The individuals executing this Lease represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this Lease on behalf of the respective legal entities of Landlord and Tenant.

IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of the dates written below.

Landlord:

Tenant:

THE CITY OF CA PINTERIA, a California Municipal
UPPO's GARDEN, LLC, a California Limited Liability
Corporation
APPROVED AS TO FORM:

City of Carpinteria
19 035444\0H78\l !0l65ll.14
Attachments: Exhibit f\: Property
Exhibit 8: Original Lease and Assignment and Assumption Agreement Exhibil C: Premises
20 OJ:i4H\(13?:l\lllil651114
Exhibit ;'A''

PROPERTY
035444'..0nrn\ I \Ill 6:\ 11.14

Exhibit ';8"
OH.IWNAL LK-\SR AND ASSIG.'lMtNT AND ASSUMPTION AGREF.MENT OJ5444\08n\l 10i6511 1•1
l·OR VALUE IUiCEIVED, UNION l"ACIFlC RAILROAD COMPANY, a Dclawure corporatiou ("Assignor"), acting by und through ils duly authorized officers, hos i\SSIGNED AND TRANSFERRED, and by these presents does ASSlON ANO TRANSFER llOW CITY Of
1' CARPINTli:lllA, u municipal corporation of the State of California ('',\:;signcc''), all of Assignor's right, title and interest in and to the tense ngrccmcut (the "Lease") 10 the c:m:nt the Lease ilffccts the real property described in ·1,;xhibil A (the "Properly"}, which l.cnsc, an,I all amendments thereto, if nuy, is described in Exhibit H, together wilh nil security deposits and <llhcr deposits held hy Assignor under the terms of said Lease, TO HA VE AND TO HOLD the Lease unto Assignee, its successors and assigns.

This Assignment i~ made and accepted without recourse against Assignor as to the performance by any party under such Lease.

Assignee agrees to (a) perform all of the obligatkms of Assignor pursuant to the Lease as ii relates to the Property accruing on and 111\cr the dntc hereof, 111ul (b) indemnify ,md hold Assignor uarmless from and ugninst rmy nml oil clauns, causes of actions and expenses (including reasonable uuorney's Ices) incurred by Assignor nnd nrising 0111 or (I) Assignee's failure to comply with terms of the Lease a.-: it relates to the Property 011 and ufler the date hereof, or (2) claims under the Lease as it relates to lhc l'ropcrty by the lessee umncd in th~ Lease accruing on and after the date hereof.

All exhibits attached to this Agreement are incorporated herein for all purposes. •,
This Assignment and Assumption will inure to and be binding upon the parties, their successors and assigns.·
Dated the~ day of December, 2013.

UNION PACIFIC RAILROAD COMPANY,
• Delaware corporation
By:

Name: _
Title: _
035444\087S\110l65l l.14
l·'lll{ 1/,\1.Ul•. l{El 'I-.IVU>. I NIOi'i l',\('JflC IUII.IW.-\ll C'OMl'.\i'IY, a l)da\\':11,· 1·,11p111,11iu11 ('',\~•:iimor"l. ;1rli111~ b)· and 11lr<,11gh i1-; ,h1ly ,1111hud11:d ol'ficcrn, has .\:,Sl<iNI•!) .\Nil 11{!\/'ISFl·.RRU> .. md Ii) 11l,:s1: prt·~cuts dm·:; .\'iSlli"l :\,\/1) 1'1,:\NSl·l'R 1111111 ('ITY t)I,' ('AIU'INTl,:IUA, .1 1111111i..:ipal corpnratn111 nl 1hc ..;talc ,1I ('alito111h1 l ":\ssignc .. •"). ,di ol' .-\,-sil!nnr s I ighl. uth: ,111d intt·rcst i11 ;111d lo 1lw IL-as,: :i)•1,:..:1rn:ut t 1lw "Lease") 10 11t,· ci.tcnt Ille l case alfot·1s the reu] prnp1•1!) 1kscriht:LI i11 l•'.xhihit .\ (lite "l'ropcrty"), which t .cusc, and .di ,1111cn,h1h,11t, lheretu, ii' ml}'. i~ (h:snil.1._:d i11 11'.xhihit U, together with all security dqmsits ;11111 olhcr 111:pn~its lichl h) •\s:;q~rn,r umkr 1lw terms ol ~aul l .cnsc.

TO 1-lA VF AND TO HOLD thl'.: Lease unto Assignee, its successors and assigns.

This Assignment is made and accepted without recourse against Assignor as to the performance by any party under such Lease,
,\~xig1wc ,1gn·,:s to (:ii pnfo1111 di nr the ohli1'.alio11s of ,\s:,ignot 1n11su,m1 h• tlu:
t.1:a\'-' .,sit rclutes 111 tlw 1•1·0111·1'1~ ;11x111i11µ 011 uud alkr the date hc:n;nt'. aml (b) i11dl;11111il°} :11111 hold 1\ssig11m 11:11 ink~~ rrn,11 a11d against ;t11)' aml all d.1ims. 1::111scs or :11:111111-. a11d ,·:-.p1:ns1•:- (it1drnli11µ rcusunuhlc .111orncy·s l~: .. •s) incurred hy Assigm,r :11111 arising 11111 or (I) ,\s-;ig11c1•'•; foiht1L' It, t~nmpl~• \\'ith 1,•,ms ol the 1.cai;c :i,: i1 relate:, 111 the l'rnpc1ty 1111 ;1ml ;tllc1 the date.: hL'ti.:11!'. or f2) claims uncle!' the L1.:,1sc a.~ it n.:httcs t1> tlw l'rnp1•ny hy th\! kssc\! 11w11,·tl in th1: t c:1-;,~ nccnting on .ind alicr tht: d1\tt: hcrcoC
1\ll cxhihits attached to thi.s Ag;rel'.:ment are incorpomtei.! herein for all purposes.

This A~signme11t and A.ssumpli011 will inure lo and be binding upon the: pmtie~, their suct:essors and assigns.

Dated the 19th dRy of Ds:ccmber, 20 IJ.

UNION PACIFIC RAILROAD COMl'ANY,
a Delaware corporation
By: ~ . .l., •··· 1 _,_) 0~ r_
Name: . i ,, ·, ~ 1 .::, l_c,,L/_~--- __
l'illc: Cerir:r.:I fJir·:r.lnr !!·• ,f r .. I .. '·: --

CITV OF CARPINTERIA,
a California municipal corporntion
By;_.

Name:

Tit!(::

ATTEST:

City Clerk
OJ5444\087S\I !016511.14
f,.:row No.; IJ·?76<1.55211·,\\'/
!.ncJlt:! Mo,: C!\l:-fP7L! lt''-'l 'tl/fj.1}1J .. 'F\OS}:;3 ritle No.: l 1· "17605528 V.I
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW rs SITUATED [M TH!: CITY OF CARPINTERIA, COUNTY OF SANTA B;\RBARA, STATE OF CAUFORNll\ AND IS DESCRIBED AS FOLLOWS:

PARCEL "A" AND PARCEL "C" OF MAP NO. 25,192, IN lllE CITY Of CARPINTERIA, COUNTY OF SANTA 81\RBARA, STATE OF CAUFORNI,i AS SHOWN ON MAP RECORDED IN GOOK 64 PAGES 40 THROUGH 41 OF PARCEL MAPS RECORDED IN THE OFfiCE OF THE COUNTY RECORD OF S/\ID COUNTY.

APN: 004-105-21 (portion)
EY.~lblt Page • Leg a!( exbibit)(08-07)
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l ~';PC J's (.i·11·1 l-:-~u. j . l .C' \dc'nl.i tkd . ·r ,; ll~' r,·:c, il',.L l1 r l \ :-;-~1:~11.-ir .i'.:
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LEASE OF PROPERTY
THIS LE,\St,: 1,"l.ca,,c:"l 1,: entered into 011 the -L Jay of ../,d~, ?.OIJ~ between UN[ON l'.\C:WIC IUtl ,ltO,\J> COMPANY ("Lessor") and UPPO'S GARDl:N, LLC, a Culiforuia limited liability •:1iq1,1ratio11, whose address i,1 10 l O Anacapa St., Santa Barbara, California 9J 10 t ("Lessee").
rr JS AG REEH DE TWEEN 11:IE l' ARTIF,S AS FOLLOWS:
i\r-ticl,: I. PREMISES; USE.

Lessor Ienscs tu Lcn.,,:c .iml Lessee lc,1,c.i fron1 l.c:;:,or 1111; f'l.!IHb'l!s l"l'1.:,uisc:1") ,ti Carpinteria, C:.11ifo111i:1, .1·1 ~l111wn nn the p1i11r .Jatc,I June 6, .!00?, 111,,rkcd Exhihil '',\'', 111:rcto .,oad1cd and made a pllrt hcrcut, subject to the pmvi,10118 ,,f thi~ L~u.;c m1J of Exhil•il II anaclu:<l ht:M1> 11nJ made a part h.:l'cof. I he l'1crnh~-s 11111y be u~i:d for l':irkinJ: and ht:aotilic,ttiun purposc1 anti for110 ulh~·r purpose, Article ll. iERM.
year to year.

Article HI, RENT
A. Lessee shill! pay to Lessor, in advance, rent of One Hundred Dollars ($100.00) per month, The rent shall be increased by Three Percent (3%) annually, cumulative and compounded, B. Not more than once every one (l) year, Lessor may redetermine the rent. In the event that Lessor does redetermine U1c rent, Lessor shall notify Lessee of such change.

Article lV. SPECIAL PROVISION - FENCE/BARRICADE
Lessee, at Lessee's sole cost and expense. shall construct and maintain, at all times during the term of this Lease, a fence/nnrricade of a design satisfactory lo Lessor, in the location shown on the attached Exhib(t A,
03544410878\I 1016511.14
(J .. _r,•.• ,,, l•))
IM WlTN[(~;s Wi !lmEUF, th,, )E•rhe.', h.ivc ,;xr.:cuh'd !Iii\: l .•~.1-;to ;cs of d100 <l:i,· ,;r;d venr f'ir;,i )ierr:in wril~t.:·11-
UN!Ot'i P,\C1FIC lUil.ftOAll C01',ll"ANY Ul'l'O'S GMH>F.N, LLC 035444\0878\l 10l65l l.14
IND LS 1 l/15/99
1\PPF!OVED, V.W
Section 1.

Section 2,

EXHIBITB
IMPROVEMENT§,
No improvements placed ucon !he Premises by Lessee shall become a part of lhe realty.

RESERVATIONS ANO PRIOR R!Gf-ff§..

A, Lesser reserves to itsel], its agents and contrectcrs, !ha right to enter the Premises at such tirneS as will not unreascnablv fntertere with Lessee's use of the Premises, :l. 1 <•:,so, ri,sc,1vrn; (t) 1111: i,~doiwm 11u111 to pt:1m1l lhird p:111y 1,lucenw11t oi ,,uvur\1sinq ~i!lfl!l 011 11,n 1 •r,,,11,s(•~. :1rnJ (11) 111" ri,11tt tu ,·,,11,.frm,1, 111a1111ai11 .111d •1111•1;,11., n<:1•1 u111I t1Xl$li110 fm:ititlcs (lnuuu,nu. w,!lwul lirnit:ili<\ll, lw,:):,11111, lc11,;r!s.1111111111111ic;1lhJ11 f,u;lt;lu)~, w.irtway,_; :1111111lifltt,~i;) UIJOn, over, across w 11n<Jer llw Pr.:nusns. i'lll(I 1,, i)f,llll to ,1lhnNl Sll<'h 1~11\ls, proviclnci Illa( l.•J'l<lU1\; 11,;o ol IJUJ Prornicns hl 1·10! itlh:;!larnd wilh 1111rnnsoot1hly
C. Th!s Lease is made subject to all oulo;tandirig rights, whether Oi not of record, Lessor reserves the right to renew such outstanding rights.

Section 3. PAYMENT OF RENT,
Roni (wh1cl1 lnr:ludos tM cnnual rent and all other amounts t□ be paid by Lessee uncer this Lease) shalt be paid ln lawful money of the United States o! Amsnca, at such place as shall be designated by tho Lessor, and withQul ollst1t or oeducucn,
Section 4. TAXES AND ASSESSMENTS
A. t.essoe sh,111 pny, prior lo uolinquuru;y, ,,II taxes lsvied during the lifo at tills l.ease on nil per.sonal p(openy :111d 11,1prn•1<:111u111:; ,111 tho Prnmlso!.l 1101 belonging to Lessor. lf such taxes are paid by Lessor, either sep.nahily lit :u; a p;u1 nf 1h11 levy un l.os:ioi':1 real property, Lessee shall relmburse Lessor In full w:thi/1 thirty ('.10) <l,1y:; aflcr rcnoition lll l.011,;or's lllll.

B. 11 lh~ Premises are specl!llly asseeeed for public Improvements, the annual rent will be autornaucsl'v increased by 12% of lhe full esscsernent amount.

Section 5. WATER RIGHTS,
This Lease does no1 include any right lo the UM of water under any waler right of Lessor, 0< lo establish any water rlghls except in the narne of Les~or.

Section 6, CARE AND USE OF PREMISES.

A, l.osf:(,W :;hall l!SO runsunalllu f'.-ul'C ,111d G.Jllllllfl .t•.j,1111',t d,IJl\,l\jlf (JI rlc:mu,.11t111 lit th<! l'rnr111se.-.. l.cssco sh,111 not u3e 01 pc:rmit ll'to usn of lhe Pr,Hniso:; h,r ,11,y 1;11lawful 1111rru>:m. 1n;1i111,.1i11 <lllY fllli$1mcc. 111:rmil any w;1~1e, <Jr u:;e thu Prernls(!S in any w,1y lllul c;rcata,; ., 1iai11rrf w p,i,so11ic: or pr<ipr.r\y, l.e:1seo shall kcop the Prnml$c~ in o saio. nent. clean aml prnsonli1l1lo ,x1111lllion, :11111 in !JO<lll cornll110111md rn!)alr. L,1~~m: r.!wll keep U1e !;ldcwalks and nuhllc wo.ys 0111ho f'rnnilses, .iml the walkways t1p1,urtnnon1 tu any milroad spur lrack(s) 011 or scrvin{l IJ1Cl Prern!r.cs. frcu nncl cl1:tar from nny s11hsta11co which rninht crown ,, hozarrl ,mu all wat<u llow shall he t"Jiwclod away Imm lhn !racks nl lhi, Lf,ssor.

8. Lessee shall riot permit any sign on lhe Premises, except signs relatrng to Lessoo's business.

Pao• 1 ol 4
G.~V,W)u)Hf.Jl>.mt-JWC1RM!,\l>..t.iU.AS, l')(.i.~.00~
03544410878\1 (()16511.!4
"l'." •
IND LS l 1;15/99
APPRO\/EO, LAW
t; !J :111y 1n!i''"''"111;,111.-" !l1,, I '1,•1m•,. _ _., ,,ni I •••',:;;,111111 t~1 l.,•%ut 1; o;irnilved or desb-O'ffl<.l b:J fire or on h~i c. 1;;1i;.11ty. l t·!~:$e<~ •;t1n

11. vJrH;r11 1h111,, !:JU} '1r11s alwr •,rtd1 l·.1·a1,1 1 ty. remove an debris resulting:
:hereir,.1,ll, JI\,,~•,.;,: (ail:; lu tin so, I s-.;~ur i',1,,y rc111uv1, :.trd1 ddll:', •. 111,: I n,;st:e ;;ore~s lo reimburse Lessor tor 3\l 1!;-...;1W1!--.!:(; 111c:t1tr1h! \•:iihiH t11111v {Ji'H rb,-. lilr.:f r1:ndili1111 ,d I 1":•;,1(•: h:11. o. Lessee $halt comply with all governmental laws, ordinances, rules. regulalioos and order, relating lo Lessee's use of tne Premises,
HA2./IHOOUS MATEfML$, ~,U9STANCES AMO WASTES
;\, Without tho p11or written couseut ,11 I::,;,,.,,. 1.cs~t•t! ,ij1,11f Hill u:.,• <1: 1,,,11,111 llm •1•.,1: ul llw r'wm,ses for tne neneration, usu, 11cutrnen1, 111t1nl1t;i,;!11re, pr,it111,:!lllll, s1,,1.-1q,! <>t 11.:c,y1:111,q uf :l!\y I l:in1r<11.\t:·. sunstances. except lhnt Lesaun rnay 1!'.1: (i) :;ni:,11 qu,utlillf!!; ol i:11rn111rn, d111111tc:11,: ,111.:11 ·"• ,111lio51·m$, tubncanls and cleaning flwds in urdar lo l:nm!ttnt ht1•;u1us,; al 111,J l'r,111111,c:1 .1rnl (Ill Qlh,~r ~t.1..-.1nlr111:; Substances, other than haznrdous wastes us dcflncfl i111!11, Hm:vwr,u 1:nn~r:rw1tt<HI ,11Hl H11,:,1~u1y t\,;I. :;, U.S.C. §§ 6901, ~ ~,!!_q., as c1f'Jlen1Jec1 ("H(;flA'), UH.11 'll'i> 1u:,~r:;,1;uy 101 1n1, 1,muh1ct oi L•:st,,;u'r. l111~tr1u:rn .,t lhC Premlse5 as spccifi~d in t\1lii:lo I. 1'110 C(J!l!i(llll of t.essor 1nnv h11 w,ll1h1:ltl hy I l)~S:)( (u, ,my tl!,ts,1;1 whutsocver, and may be sulljet;.t !\) (Ondltlon~ In :uJ\11ll11ri 111 :h,,~r, ,1-t trJJlh ticlow. ll :;will 111~ lhi: •;oh, responsibility or Lessee lo tln!Urnllrl!.' •,•1l1•)tt11,r #.)f 11'11 :, co11t•.·rnpl;1l(:1J II!;<! ,it 111,1 I 'r,•,ni•:,•-; I', il I 1az;u,Jr.;us Subslanco use.

H. In 110 uv,:11I shall Lessee (i) release, dlst:lt::i\1•1 •u 11:,,,m:1e or ;,111y Hazardous Substances. (ii) """0 a11y 11,11.arl./uus wastos as defined in RCRA onto ua, 1 •rcn11sc,. (li1) install ur use on the Premises any 1111clurnrou11<l ,;1or-1ue l:inki;. or (iv) store any Hazardo1Vi S,111,:1:u,c,i•; within unc htmdred feet {100') of \he ,:,:1111:r 1111,i I)[ .my 11mm track.
c. U l,11!i50U \,sos ot pcrn1i?~ U111 H'iu of 11\u Pt•.Hm~;u~ ror -~ l !.tt;udou~; ~)11h:·Urn1co u::c!. witl, 01 v;ilhout Lessor's :;011sr.nl, l f)SS•lt1 shall lumi$h tn l\,s~or ,.,)pin•; nr .,11 p,,uuil:,. ,dunu1><,.1\i11Jl 11,11111J,;1:. ::11.i na1ices ,ssuad lly ,,1ovommu11:al 119011<:h:1'1 in connucti1111 wllh ~,11:h I t,,z;i,ctnu'.: !·\,:hstarn:c 11:1,,. 10~1e~ "" \'Jllll 5111;!·, olht!r inlorrmiHon on the H,12art1ou:1 Suh:;lunce 11::ri ,,s 11my Im 1w\11e~1n,1 lly l.1::;sor It rnqu.-,:,1<111 !ty Lessor, Lessee sh.ill cause lo !Je pcrtom1od /111 ru,·,iro1111wnli•I ;i:;~l,;;:11111:111 or lhu I 'rn111i~•·:1 upnn :mm11u1111,p of !lie Lcasa and shall furnish Lessor:~ (onyot :n1dt r.Jpotl, 11 l.,issao':; ,,oh, cu:;t :11111 u:qmmm.

0. Wtlhfllll lirnil"-l!io11 of Ille: prnYi~lons ,1f Section !2 of lhi,, !,~jlllJil II, 1.,~,;,.r:,, :,11,111 ht:
11t:ijH)ll~1hte tor ~ltl d(Hfla<Jn~. IOSSU!.i. 1:0:·H:1. ,1xp<i1t!:t..!!·~ r;t;1i1m;. hlll!!t .. mtl pi!tlilitWS tdal<!~f lf\ tllly 111.mtt,:( to ,111y 1-1..1;::irdou,i :·;uhst11r.r.c U8t) of 1111: 1)11/IJliS!.?S (or :uiy !'f•J(ltllly in jlftlXllllil'/ lo IIIIJ l'1HtnlHila) (j\1ri1t(I IIIIJ \1:111< ,,f 1h1s u,nse or. if longer, rfuri119 l.e:;s•ru·:. u1;1;11;w11cy (lf Um P1c1111SQH, rnipml!a% ol !.1:s1:m'o. c,1u•;,:1,l t11 ~111:t, 11~0. vr ,HI)' no;J!igonco, 111i:,i:ondw:t..,, :;l(f•;: hautllly "' ,11,y l111h•11,11iti,:1f l',irly (,1(. 1ll!i111m1 Ill :;,:,:\11111 Ir.}. ,u1•l 11\(111<1111(1. \'/1[!11.,ut limilalio11, (1) llllY diinutllil\Jll ltl llll) v;11t1n or Ill'! I 'llltllltl<Vi ,111.-1/,•r ,111y :tdj,1co11: f)llft''" 1y ul ,ll\',' tll lh<, 11,,1, .. 1n111l1,•4J 1' ... 11tu1!:. ,HHI \11) Utn ,;n~•l ;uuf HXf>CUtJH of t"ft:~111•1:i>. ,·o:;toratlun. ,·.ott:ru11t111~11I, f<'lllt!Cltlllu11, Ul~t:UfllillllHtnll••n. ( •n-11w~1. llt•J•.1i,ti<Jillic111, 11HJ11ito1lll\l. do:am., •Jr (lfrJl·Ci•l~IJlll. Notwith:.laC1,h1111 Ill•• fOW\)0111\1, I <J~S'11' •;hall /IOI hr: ftl!'Jllll1:;1hlu lo, I lil/.dHl011:l ~:uh~l,lltt:C:, (i) c~·h1i11u \JII, Ill or tHUhtr Ill•.' I 'rv1,1,slf~ prtor tu tho ,:mlicr tu ,u:r:w "' U1•: (.1,111111u1Kllllll!lll vt 111<1 w1111 ol lhn l.,m·rn or I 11~~n1,~ 1a:d1111 o,;011pam;y ,,111:e Prumiso~. or (ill mlg1,it111111ro111 .id;n~•111l pro;u:11y 111.111:,mlr,1111:II hy t.•::.:,,10. or (iii)"''"~"(! VI, tn QI 1Jfldtll' Iha Prornlsm1 lly any 01111,• h1(l!lr11rnlt1•(11'.i11if!~; 11x,;,;p1 wlli::m lilt• I lal;lr{!l)U~ :i11hst;1111:n 1•; 11ts,:m•wc,1 IJy, or 11111 i.:,,ntarnirmllon is 1:;wcmll;1!t:cl h:,' •• 111, 1:xc,w,11i•.>11 nr invust111,111on 1111cl11rlaf,e11 oy nr ,!! !he t,enost of L•Jsse(l. L,1Ss£m :1halr h1.we lltL' !1ttl'IJ011 of pri>v111•.1 hj' ,1pr,•po:1th1rn11c!! uf 11111 ,,.,,,10111,;u !h,11 :11 ,,1 exceptions of tho foregoing lo los:wr:'s r,J~µonsi1J11ity /or I l,11N,hill~ St!l):;tall(;,i:, ;ipphr.~.

E. 111 addition ta U1e oa1ur rl!Jhl~ urnl mrn,uliur. 11: {.0:.<;or w1th)r 1\11\, L,:ar.,1111 a,, may 1)0 providc,1 tiy lsw, if Lessor reason!lbly dcI«m1lrit1!l thal tho Pmmis":; ruav 11:,•1,111<!••111rn1:tl durino Iha lt•s111 c,f th;,- Lc,_1•1,, ur any prior lease With Lr.s~<w lnr :111 ,1, .,oy I""""" 111 tlw Prm11is11$, 01 ,Irii lHHII\J 11:.(/tt l,ir ,my H,11,,rrJtJ11'., sur,stom;e v~c. Willi or without 1.,1~•:,11'·, i:r•ll!'<:rtt 11,c,c:to, ,11111 u,.it .1 ,,,1,,,1,1\l or 011,~, c,,n1ao1H1,,l'tJ11111<1y h:tvr:
ocr.wrod. Lt;ssor mny, ;it its election .1mi ;111111y li11tt! 11111111' lh1: lifr: ti( lhi~, l.l!a:w ,,, t111:i,1,li1t,r (i) c1111:rn :he P,1ga 2 of6
G,,J,.~W,&J)),,(\YAR'XJW(1SU,IS"JNCLi.A.S (.Ol.l..OC,C
035444',0Rnll 1IJ1651 l.14
IND LS I !1151:J:}
.APPROVED, LA'N
pr,~,
I11:;._:s t1nd/or all)' :.;.dj~cw1i p(e1nis1:~; of l.essor !o \J\: h?:";l!Jd, 1tw11.;:(q:Ht::tl, tt< 11w,1itur,:,J f,.;u tf•t..t 1)rt!!,1.•nct1 ol c111y Hazardous Sub,IJnca, (1i) cause any H;1,:arrJ0IVi ,'.ill\JGl:lflr•J W rx- fQn1nv,,d lto/11 111" l'rnnu;e,; ar1•l ,my ,ldJai;eI11 lunos of Lessor, (iii) ,:,1113;; (o be p1J1/Grn11,!d ,my rustorauon ul the l'rnml~,is :,111t1 ,my .id111i:tm11.u11!,; <)/ Lessor, :1nd (1v) c:JIJrn I◊ :ie p0r/(lfl11P.c1 any ((!lm!d•;1tktl\ ,;,{, or IOt;pol\~{; IO. lhI, •'f1Vf!<1Prll'!lllul \Alll\li:11m ~,r int.: PrnmiHe,; :ind Hie ,:c1jRcenl lands ol t.ossor. as L.inr.lord ce•i~un'1tlly may doom nw:es~ary or <.l,)~1nitJk and che cost and expense thereor sh:all be reimbursed oy L~s!we (o Lessor 1·1ithIn tl11rw (:31)) day., af1e1 rendition of Lessor's bill, Ir\ addition, t.essor may, at its olachon, reqtJlrn t.osseu. ;;1t les~o•l'9 'll'l<! r.nst nnrl expense, to perform such worx, in which event. Lessee :;hall prnrnpUy ,01111n,;11cr. to osrfoun and thon.rnfl~r diligen11y prosecute 10 completion such work, using ona or mom 1:011rrnc1c:,r:1 •mr.l n 5upe1visil'l9 c:on~ul\in'J rngineer approved in advance by Lessor.
r: For purposes of this Section 7, tnu 1,ir111 'llawrrlous ~\Hls(unca• ,;JMII mean (i) lho,:,? suustances included witllin the definitions of "hazarnou~ :;uhsta11cu·. 'pcl!ur,mt·. ·w11larnin;i111', or "h .. 1,:;11<J,,u~ wnsI,(, in :110 c ;oir,µrnl\en~ive f:nvlronmcntal llcsl)<)MO,. Co1111rnn~atro11 011<1 Llublilty 1\1;1 (II I 9rJO. •l2 U.S:;_ §ti \lfi01. •·\ $<.< ., .is t1mondccl er 10 RCHA, t111, reg11lallon!t J,irmnutoatcd purs,1011l 10 either !lllCh Act. <)r !;!ti(<) t:iw, and rn911ln!1on~ sfrnll;.ir to or fH<Jllllil91ll<lll rwrsu:mi io 1lil11ec ,m:h . .\ct. (Ii) ,111y m:iteriat, wa!aa or ,.,ihstam:n which I~{/\) pt,lrolrwm, (Ill ;1shE,s!o,, {C) 11arnrn:ihlo or 1txp1,is1•1Q. or (D) 11ldiom:t1vn: mH1 (iii) ,ate!'\ c,11,m sutmt::m~n-.. lfl~l•Jrklls Md w~~!es which :w,, (rr becorrm rn~111tal,1fl ,,r <·!assilind as ha;,:irdoi,:, o, tnx1,. •J11dur i•Jtlerol. ,;t,1lt.1 or !oc,JI law.

Sccllon a.

A. Lessee will arrange ancl pay for all utllitios and services supplied to the Premises or io B, All uti:ities and sarvices will be separately metered to Lessee. 1r nol separalely metered, Les~ee &liail pay its propur1ionate share as reasonably determined by Lessor, Section 9.

Lessee shall not alien/ any li~ns to attach to the Premises for any seNices, labor or materials fumished 10 the Prnrnises ot otherwise arising from lessee's u5e of the Premises. Lessor shall ha, e the right to discharge an;• suet, liens at Lessee's expense,
Ser;;tion 10. AL TE.RATIONS Ai'm IMPROVEMENTS; CLEARANCES. 1\ N,1 ,11:1]ril!IOIHJ, lllljlfll'/(jlltl:I\IS or 1rwl11ll,1l11lf1:'; IIUlY ho 11111d1) en lhn Pmmi~(lS \'f1lhout lhe prior ,;on$enl 111 l.f.~;;or. S11<;11 ~on:;unt. 1! 11ivon. ~!1011 he, subiuct (o 1110 11<1t:d~ aml wquironionts of the Lesser in tl\tJ C1pcr11ti,wi ol it, n11,lro,11l :ind 1<1 su,:h !.illlur r::on(litioil:, ns r . .i:rnor rh!l\!rmirw•: tc i1,1poso. In all events ~uch consent shall be co11tlili<,111!d uprm $h:c! r.unlurrn,u,cu will, ,ill tJµµli1;.rhle <Jovcmrn1HH,)I roqvlrements and Lessor's !11e:rH:urrnnl i;leoranc;e ~t:1ndaid!i.

B. All alterationi, improvements or installations sha!I be at Lessee's sole cost and expense.

C. L,•ss.er, ,;hall comply wi\h Lessors !hen-current claarance standards, e:,;cept (i) where lo do "' v:,.,utd rn11,;1, l.e;;scc \t) v!olale an applicable governmental requirement, or {ii) for any lmprovernent or vl,vi~\! u1 pls1ce pF1or Ir, l.es~<1e laking possession of Iha Premises if such Improvement or device complied witr1 L,i:;::rit'!, .:lr.aronr.:c ,;111.1rtard~ at 1he time of its instellalion, o. Any t1c1ual or iniplicd lrnowlodga or Lessor of a violation of t/1e clearance requirements of this Lease or of any governmental requiternents st10II rtol relieve Lessee or the obligation to comply wllh ·such iequlrt:1ments, t10r .shall any con3ent llf te,5or b~ tleerned to be a representation of such compliance.

Pao• Jo/ a
C.◄.w\WliWPAR',uo,.f0llJ.4S'..:Nc1wE.(1.fl.COC
0JS,(44\0878\I IOI G5 I l.l4
!NO LS 1111515>9
APPROVED, L~\V
Section 11. ~.

Lessee sccepti: lhe Premises In its preseru condition witl1 alt rauns, whether patent a, latent, and without warranties or covenants, express or impli';!<j, Lessee acknowledqes that Lessor shall have no dllty to maintain, repair or Improve lho Premises.

Section 1?.. RELEASE AND INDEMNITY.

A. As a material p.trl of lhu cor1~hlcrc1ilor1 tor this l.1,,1su, l cssec. '" \11,: ,•<.11:111,1111ay 1,,w/1111y do so, WJIV6S and releases ,iny :tlld ,lll d;tilll:, ,l<J~tinN! l.•,:i;C.0, for, ,lll(I ,1(JIW!S to lltdl:IIHIIIY, tl1:h:nd ltll(I linld nnm1less t.essor, ii$ aliiliiltO:;, ;ind I!:; :11,d tltnh· ,,rnr:ol',;, lf!)Cllt, att>I ,:111plny1;,l~ ('l111lt11Pnrho1i I ',HIie,;·) fll)il\ and against, aJ1y toss, dum::ino (i,:d1Hlin!J, ·,•1ill11J11I li111hot11ln, l'1111Hivu •11 •:on:1nq11w1ll,1I ,1.111mHe~:), i11j,.,rv. liabilir/, clalm, daman<J. cost or mq,wi,:n (indrnli1t(I, •mllimtl ll111ll:illot1, ,1\lon1iy11' f<l,n: amf <!O\ill u,st:;), li11,• or peMlty (colleclively, •Losr.') irww,ml l>y any pursun (in<:h1dh1u, wilno111 lifl11l:ition, Lessor, l.c!i~t,,1, 4JI : •ny employee of Lessor or t.essne) ::u11I "ri:111111 rn,111 or rdnlr!il 1.,,, (i) .,ny use uf 11111 f>ror11i~~•~ hy Lassen nI 1111y Invitee or licensee of Lessee, (ii) n11~• .11;1 m <1111ission of l.1•:;:a1,}. lt•1 oift.-.:,r:,, ,tCJCIII~. ,11,1ploy•:os. lit:{Jn:a:e:, 1>f invitees, or (Ill) any breocn of 1h15 l.,t;na, t,y 1,:::s1:o.

B. 11w foregoing rel1n1,1: .mtl l11du11111ily almll ilf)ply r,:1J<1rcll,:1;f: of s111y 111:91it(t:nc,1, mis1:omh1<,I or :,ln:t 11;,il>llity of ,1ny tndurnnirlcr.l Pa,1y, 1JX<:Opl that thu imlo11111i\y, only, r,lmll not ripply t<I a11y Lu!lS ~:iur.1.:il hy tile sole. anllve uncl dimct Ht!ftliqw1Go ol uny l1aluH11111lccl Pwty ti 1ho lo::s (i) was nOI occu~io11ud uy liru or ntho( c,isu.illy, or (II) wns not occt1!1ioncd hy 1•//ll(:r, 111<:ludlnq, 1·,l!hout li111i1. HQu. wa1,:r llt1111n9,! d111i tn thl:
po··i\1011. loi:ntion, construdion or t:<111<lititH1 o/ ,111y st11I,;tt11,J~ ot •JihtJI Improvwnon:,1 •Jf fr1cihlios nt :.111y trnfornnifiud Pnrl'J.

C. Where appllcal.Jlo to lhe Loss. (he liability provisions of any conlrsct betw11en Lessor and Lessee c:overlng the carnage of ~hlpments or trackage serving the Premises shall govern the Loss af\d shall supemtde ttie provisions of this Saclion 12,
D. No provision of this Lease with respect to insuranco shall limlt !he extant of the release ar1d il'\demni1y provisions of this Section 12.

Section 13. TERMINATION.
/\. l.ossor mny tc1ntl11:11u llu,; l.e.tao hy u1vin11 l.t':;~eu m11ko ,,r hm11inc11!,m. ii Lu::•:•J1t [it fnils to pay rent wllhln frltcen (15) day~ altnr Om dtrn ,Jnlo, f)r (ii) <frd.111ll, mul.ir .,11y on, .. , ul.Jli(J:ltlo11 of 1.c.;,mu 1Imh!f !his l.e11se and. nltr.r wntlcn ooUcc I:: olvr•rt uy l.'~ssor 10 L1:·,:;1t,! spccl/y111!! n,n .taraul\, l.n5:1e1J fails i;ill11:r 1(1 1n11nedialel)' commence to i;uie thu ildauu, nr io ,;ompletc llw ,:11!f1 ,,xp,?<litluu,;lybu! 111 ;iii ·v1mts wilhin thirty (30) days ilfiB( Urn d1!fnult ll<ltlGCl ,,. \)iV<!II,
fl, N,1i\'1i1hsl.t11tli11q 1/\,: (111111 ot this Loaae :;d ror1h i11 Ar1ii:1,1 II, l.•!S30r or 1.i:~sce tn.iy tor,rnnat,, ll1is LtMStl wll/111111 r,,u,;,t IIJIPII lhhly (:Ill) d;:iyg' 110hco to Iha <.11111:r pady: provided. hOl'/UVGr, t11al nl l.1\s~01·s elnction, ,10 :.111:h l<J1111inalin11 hy Lw;scci !;holl he etrectlvo u11l1Jss :.Jt\\l tJn\il Le:;sP.O h/J:; v.1cc.i1od and r,}storerJ th1) Prt:ml~es ,tt, rcq11i111tl in ~.l11ctio11 1 ,,1\), ot wlllch Ihm, t.(!s,;or :;h,111 refon,t to ln:;sQe, on a p10 ra1a bas,~. m1y uncnrncd rnn1!It p;,iid i11 n<JvtillC:1.
sec!ion 14. f:FSSOR'S REMEDIES.
lessur', rumc<llt::. (or Lessoc,•,; ddm11l ,1ro tn (ll) •,lll(C!1 ;<1111 t;ola: p11:;!;11~::lllil ,if thu P1.-,,n1,;1ii:, will\11111 tcltr1111Uli11\} lhls Lausu, i!lld rolot lhe t·'111111i:;f!:; 1)/l ilf!l\;llt ol l.n,;Sol), <Xtlh:,t(;I ,,,10 fCCt1!Vll lho mot i,on, rnlr.ltinii. ,,ml 1:i\OIIJl;l Li,sso,, tor tho cost ut roltllf~l!l, ,1111'/or (b) 1<mnl11alo lltls l.,im;,; n,; p,,wld•id 111 f;11cllon I:i I\) ,1l>0v,1 ,tnCI S\l!J LaGSttil ror lf,Ulla!JIIS, ,Hill/Or (C) m:erGIC.11 ,;m:h \llltt:r 1e111>1dics ar. Lus~vr IIIHY h.tV<l a\ la\'/ (ll' in 1?<1v1ly, l.e~sor rnay entM nnd tnka possession of the r•,nnil:a;:; t,y ::i .. 1f,hel11, by o:t1aiuJl11(.l t1mki,, if 11r,coss111y, ;,,.11 may lock out t.essso, all without belnu Jlubta for darn:1ntii;.

Paqo i or 6
G/U.W,IDl,N> M"~..JO ~oru;.l','l< C>l!A,S S. iixB,c.QC
03S4·\'\\IJ87S\I !Ol65tl.l4
IND LS 11/15/99

APPROVED, LAW
secuon 15. 1//\Ci\T!ON Of- PP.[I.USES:_REl,IOVAL OF l.t:SS[E'S PROPi::Fl.lY.

A, Upon tcrm•nahon 1101•1•;0,)v,:, of 1111~ l.•!,1•:·:, I,·,.~,!,! (i) •;11.tll 1;,,.,,. ,., '""·•111'1 ·" .,1 ,;111,.•tl·t vacatad and surrcndemd po1:ser,slo11 n( the Pruon•:,;, hit ,•:;•:or. •,•11Ih,;ul I ,,:;·a,I !Jl'/11111 •'lll' 1101,,:,. tn .;, 111 "' <1ern3nd tor possosslon, and (ii) !;tl-,ll h.:ivn r.111,vv,·,t 1111•11 lh·, p,..,.,,r.,,: .ill· 1,11..irn,-· .. pl'<tpu,:y 11 ,1 ,,11m, rn<1tonals nut borontJlntJ to l1..!SSth, .11,d 11·•,h1rm:1 UH:! •,t11l,1t;L• 111 tl1t: i:101:ttll !~> 11•; ~,c<1tl .1 ,:,,ttt1Hi1111 .,., Ht,.i ~r•Ht·• w~s in bafort> such uuuctu,e~ -.v,H11 1•h1\.h.:t11 111cfud!nq .. ,11hL111l :.,11lli1tiu11 11:t• 11>tirnw"t ,,1 h1tJ111h1th,;,•,. :1t • t1l1t11•J 1n ,111,xr.nval1ons a111I pits, ,md 1111• 11•111"1,,11 ol clohri,, .1n,I 1111•111::11

8. If Lesses ras not completml ,Hu;l1 rn,r10•1JI ontl rn .:or:il1C111 1·1111,1,-, !hilly r,u) dny~ :-,11r:; 1cinnln.:i!wt1 ur •h•~ l.,mso, t.essnr r11,1y, 111 ih ,•fc,.h11:1, ,Ul'I .,t ,Ill'/ 1:11ui ,)r hnws, (1) pc•1/,m11 lli<1 1•11irf; amt t.essue ,h,1II rn1nr()1irsc t.nssor ror tho cost 1111:1,"'' .•:1111,11 llluty (.\!I) <l,iy•; :ill,ir 1,,11 i:: 1ornltlwtl, (ii) tuxe ll/1(• to :di or ,my pn: !11)11 of SllGh ,mv,:tLlfOS ()f prop,•,~, by •jlVll:C/ mllil:u of <a1,:h ,1hl.:Uu11 t,1 Lessee, a1H!lo1 {i:1) l11iat t.essee dS ,1 hol<lover tr:imnt .it will u11tll sut:h re111o'l,1l ,1111! rc-•aor,1(10111r. 1·0111pl0Hit1.

Section 15. FIBER OPTICS.
t.cssen S,/lilll telephone LcSSQ( 1h11111q 11110,1.,1 hll:;,ne~•; 1111111 ·. \I 1111.1.111. ltl •1.11,1 ft hi. C"I ti,11 I111\o.'.

Monclay through F1hfay:l, except for hulltlay,) ,It I i!O!l :1:11;.<}l!l.l (lllSO a hl-hu111. ,.,1,w 11\lltllli!( 101 t•rneruency r::alls) i:.> 1Jutm111ino If ribnr n11tir.: ,:;it,h! i~ 1,11rim1 011 lht1 l'mmis,!:, U "-'llllt1 1~ IuIr1tul t>ll Ut•! P,crntsc1;, l.!'.~sec wrll lnl1:ph,1n•l tho llllr.cct1111111tr11,.,1.,m:, 1;,:111p.111y(i,:s), :11r.I11<JI! f•>r, c,,blu locatu(, ,11111 rn:i:w • mln(J!!ITl"'lll:; /c:lr reIor...olIon o)( ollmr pllll(!(;:l011 nt lht: , ... 1hltJ. Nu1w,li1'.\INHliflH 1:0111pl!u111:H ll'/ l r.s::1:u w,01 rnI::
·or:tlon 1 ti, 11·10 f(!lmlSO and lndeumlly ptOVl!llOnS of f;t:d1n11 Ii' .,ho\'(! ,;11:111 .ipply h:lly 10 olfl\' tl,111111rw 1)1 (Jcstrui:lion of aiw lnlar:ornmunit:~1111111:; ~y~l••m.

Section 17. NOTICES.
,
Any no!ICI_I, consent ()( 1/lfll(l'hll lo IJtJ '11'1111\ U,t(hlr flu:; 1..,a~I! ~11,lll fl() HI wrlllnq, ;111\I pm•.1111 Ill</ ;;wvod, r.cn\ hy rupul,1lllu ,;ourim ::1:rvloJ. w -;rc:l lly ,:t:rlifuitl 111tul, po:a.i:;u prnp:1hl, 11!h1t11 rc•cc:pl 1uqu,:r.1t!:I, l•l L~1:.or ,11: On11111 P:ic1li<: l{ailro.111 C.:omp,llli', ;\1hr 1\•<~1~1(1111 1/11:n l-'r•:s1,t,nll f<(),11 l'~t.1h!, Hl',oi E~,l,11, 1,lep;utnw1ll, tllOO h•mnrn :,t,1:01. 0111ahu. N1•r11.i:.~.1 till IO~; .m<f lu l.1•~0:m1 at !lie lllll)Y(l :11ld1,,•,:-, 1)1 1:111.t; ,clh1:r ,1111111,:,~ .,•: .1 pany 111:➔y t1,·,,:iq11a1t1 in 1101ir,r: •11,,111tr11111: otlu:r ,1.1ny. Mall,,,t 11o!ic:•)S ·:ll.111 ht: 1lu•111irnJ '''!l'lt!ef fiv•• (!.t) <1a·1~ .,lier tltljll)Sil JU 111<, 11.!i. f,l,t,I ;-1ut,,·,»: 1'111:dl ;if(! fJl!fS1llmll'/ ,1r11•1<,:\I (I( ·,11111 hy 1:0I11IN ,i,n•1,;,1 F.hall lm 1l::l'1111:1t ,,1:1•1tl!I upon 1m:,•lpt.

Section 18.

A. l.U%t!il ::lmll uni ,;11tih·a$<! 11\,i l'w1111s•!S, ill wl1ole or In p::11-t. or assign, encumt>er or transfer (by operation of rr.1•1 or ,ii111.:1w,,a,) 1111:, l ,::,!:•:, wi1110ut the prior consent of Los so,, which consent may be denied al Lassoi'11 -solo :1ml .,1i~r111,I0 ,h·:cr,1111111. /111y purported trnnster or ilSaignrnent without Lessor's consent ~hall be vohJ nnd shall hu .1 ,1111aul1 hy t •?$·:11,,.

5. Suoject lo this Section 18, lhis Lease shall be bindin(J upon and inure lo the benefit of the parties hereto and their respective heirs, execul~rs. adminis\rators, successors and assigns.

Secti<:11'1 19. CONDEMNATION.

I(, :is rr;11•a11mt1ly <h!ltu111111~cl ~•y f.<:s:.111. flH~ 1 'tl!ll\1:ir!S (!anuol h1! U!;t:,i hv Lc:;~on her .. HJ!>t: ,11 ~1 1'.()l\1!1)(11<1:lthm Ill 7,;Jh) 111 h•~ll or CotHlfll!lllflllllll, 1hu11 lhh I.cm:;,, ,;11,111 .llll(tll\,lhl:HII'./ \l)1U1inu1 •, t (!:i~m ·:It.Iii 1, .. ,·nlilft!d (Ct Ille Wtlirc :11wir,1 or fllllLJl!l!d:i ((Jf :Jll'{ lul,11 lll lllllh, I cn111fm1111atiot11lr :.:,I•! en lieu th11wof, ill h1!1h1q, •,•,i!IW\II l11n1h11lor1, llllY .1w111<1 t1f fllllt:!)11•!:l for Ill!! ~;1h111 of !ho l,:,1!1tlh<'•li1 wHnlr, ,,rr,:ilotl lly 11\1': I ""~'' Nutwill1•Jl:melin11 lie,! t1111·110111q, I l!S\:l!l' sh:111 il:JVt! tfle ''Ult\ to f)UHi\lll rm:11\'l!I'( f(n111 lh1• ,;,111r11:111,1n1t1 11Itlio11t'( ot •.;.ud, 1~qu1p,,n:wHno ,,,, u,:,y bi •1uJm1;•tdy .w,·,.1t,1i~1J lot ,"..:-.:11:n ror t 1~Mh1J,f•; 1<!lnr;"\liu11 0Y.pcn!i11,~. 1h•! wkutq \ii l.1::;~1tn•':.i p1:t~if,111:1l l)hlpm l'f iHHl hi,:turo~. ,11111 ll\(~ 111t,11r11ptit1u 11f 01 d:un:t~J!l tn I 1:•~"1r1n' l~u:ii1H.i;~:

Pa~" 5 of 6
c.·•UwAW\.PA.R'VOOl.F~Ms,JNOtu'-Se .;.'I.S.c«
OJ5•1•\4\1)87811 I0165ll I·\
iND rs 11/1~/99
.<\PPROVED, LAW
Section 20. ATTORNEY'S FEES,
I( ellher party retains nn attorney to eniorce this Lease (Including, without !irnitatlon. me lnoernrutv provisions of this Lease), tho prevailing party is enli!led to recover reasonable attorney's fees.

Section 21. ENTIRE AGREEME:Ni.

This t.easo is the entire <1(Jrnemer1t belweefl lho parties. and supersedes all other oral er written agreuments between me µmlios pori,iining to this transactlon. Except tor th'! unilateral redetermination of annual rent as provided In 1\rtlcl1:1 111., this lease may be amended only by a written Instrument signed by t.essor c1ncl t.esses.

Pa,;e 6 ol $
C,t.LJ,,WA.OM'P ~.F OP-M S\IH()I...GA$ €. !:.Xe .OOG
0]5444\0&73\11016511.14
Exhibit "C"

PREMCSES
OJ544-llll87~\I lf!ln5l I 1·1
Ground Lease UPPO's Garden
Exhibit "C"
;-r .,. .,. ~' - ·r ~• ___.i_:__-~-~ :;_~-~~·-:::-· ~/ ! J rn
. ~,.. ,"'· .. .-•,. . 111•. '· ,,/ ·:- ·- ,. - . . jl .... ~- ~ ..... r,; - . ~ oo+10S-2l I.II: ..... ~ . .... .:;,/ -;i.. • •
c ; • ! it.'•-• •:i.. I I" I'" .,.
--~-~;
. '"'·-
Tite leased area Is a portion of
APM 004•105-21
a■ shown ■haded green,
Th• laasN area is 15,150 square feet
(45 ,_t wide measured from Ute S°'itlMtm PL alld 350' long) 035444\0878\I 101651 J .14
ACORD
'" CERTIFICATE OF LIABILITY INSURANCE I

CATE (MMICDIYYYY)
08/07/2014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETVVEEN THE ISSUlt~G INSURER(S), AUTHORIZED REPRESENTATI\/E OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an AOOITIONAL INSURED, Iha poliey{ies) mu$\ b41 endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions or the policy, certain policies may require an endorsement. A statement on this certlficato doos not confer rights to the certificate holder In lieu of suen endorsementts).

PRODUCER ~\'l'!~~cr Kim Aguilar
ISU Insurance Services W~~~.e~SOS.650.0215 x412 l r~. NQ) sos. 6so-.~~~i6_ -
CALGARD ASSOCIATES ~ift~~i;:r Kilrlll Cal gard. com
998 s. Seaward Ave
-
~OL.00026646
-
------- ·-
Ventura, CA 93001 !NSURER(S) -'fFOROINO COVERAGE NAIC II -- - ·- ·• - ••••--•k Americ·a - ··1·· ..

INSURED IN$URE!I ,I),: Ind~ity In~. of N.
·- - f MARLA DAILY & KIRK CONNALLY .lli§Y..~f!B: - -- -- UPPOS GARDEN, LLC ~-~UR E°R C . '
4892 D<Jrrance Way
. --- - - ..

Carpi nteri 11.,
l!i.5UAER c: . --- -- - -----·-- -- ------- ·----·---- I CA 93013 J.N~ I
I
- - - - '
INSURER F:

COVERAGES CERTIFICATE NUMBER: 13/14 MASTER REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 6E ISSUED OR MAY PERTAIN, THE INSURANCE "FFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY H"VE BEEN REDUCED BY PAID CLAIMS. 1~fli TYPEOFINSURAMC_E_ ~9cPJ-W,t POUC't--N~MB·E;-- -- l~gM~iv~~{\i-~yEXp --- LIMIT$ ~•tl!:RAL ll~SIUTY F0203 5 2~ 10/01/2013 10/01/2014
i X I COMMERCIAL GENERAL LIABILITY ' ;·--7 CLAIMS-MAOE [!] OCCUR A
GE"N'l AGGREGATE LI Mir APPLIES PER 1 -,(1 POLICY n ~g. 1~1 LOC X
EACH OCCURRENCE \
DAMAO!(TO RENTED -
P.BEMISES lE~Jr-t•~mm,~J _ }
MED EXP_ (Any one pe=n) $
PERSONAL & 1'0V iNJUR'I' $

GENERAL AGGREGATE

PRODUCTS , COMP/OP AGO S
- ~ ~ -- -·
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000

AUTOMOBILE LIABILITY
ANY AlJTO
1 ALL OWNED AUTOS

SCHEDULED AUTOS
.,
! HIRED AUTOS
NOt,,OWNED AUTOS
I

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident] ' $
-- PROPERTY DAM,',,OE
(Per accident)
,_ --
l UMBRELU. LIAB
I I

I I EXCESS LIAB
I t I DEDUCTIBLE

I RETENTION S
I
- I OCCUR
CLAIM.:1-MADEI
I
EACH OCCURRl;'NCE
AGGR!;GATE

WORKEIIS COMPENSATION
AND EMPt.OYERS' Ll-'BILITY y IN I A
O
N
F
Y
FIC
P
E
R
R/M
OPR
E
IET
MB
O
ER
RIP
EX
AR
C
TN
LU
E
D
RJEX
ED?
ECUTIVE □ NI A I (Mondataryln NH)
I ~~~~:vi~ of~PERAJ\9NS helow I
EL. EACH ACCIDENT
E ~ DISEASE - EA ~PLOY£~
1 S
E.L DISEASE, POLICY LIMIT l $
DESCRIPTION Of OPERATIONS I LOCATION$ I IIEHICLES (Altftoh ACORD 101, Addlllonal Remark• Schedule, ~ moro •paco I• n,qulre<ll :ity of Carpinteria is named as an Additional Insured per form CG2024 in regards to the portion of land parcel APN #004-105-21 adjacent to 4892 Dorrance Way, Carpinteria, CA

CERTIFICATE HOLDER CANCELLATION
City of Carpinteria
5775 Carpinteria Ave
C ' ' 3
SHOULD ANY OF THE ABOVE PESCR18EO POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
Kim A uilar KA
ACORD 25 (2009/09)
~ 1088-2009 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks or ACORD
POLICY NUMBER: FO-203S20 COMMERCIAL GENERAL LIABILITY
CG 20 240413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS OR OTHER

INTERESTS FROM WHOM LAND HAS BEEN LEASED
This endorsement modifies tnsurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designation Of Premises
Name Of Person(s) Or Organimtlon(s) (Part Leased To You) C I'l'Y OF Cl\R PBNTBRIA APN ltOO~-lOS-21 ADJACENT TO ~892 ~CE WAY, CARPINTGRIA, CA 9301}
lrformation reauired to comolete this Schedule if not shown above, will be shown In the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the persor(s) or
organizat1on(s) shown In the Schedule, bot only
with respect to liability arising out of the
ownership, maintenance or use of that part of the
land leased to you and shown in the Schedule.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law;and

2. If coverage provided to the addltlonal Insured Is
required by a contract or agreement. the
insurance afforded to such additional insured
will not be broader then that which you are
required by the contract or agreement to
provide for such additional Insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
excluslons apply:

This Insurance does not apply to:

1. Any ·occurrence· whicil takes place after you
cease to lease that land;

2. Structural alterations, new construction or
demolition operations performed by or on
behalf of the personts) or organizatlon(s)
shown In the Schedule.

C. With respect to the Insurance afforded to these
additional insureds, the following is a<lded to
Section 111- Limits Of Insurance:

If ooverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behatf of the addltlonal Insured Is 1he
amount of insurance:

1. Required by the contract or agreement or

2. Available under the applicable Limits of
Insurance shown In the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shovm in the
Declarations.

CG 20 240413 @ Insurance sevtces Office, inc., 2012 Paga 1 of 1 Attachment B
Staff Report, October 11, 2021, Status of 399 Linden Avenue

COUNCIL AGENDA STAFF REPORT
October 11, 2021

ITEM FOR COUNCIL CONSIDERATION
Consideration of a status report for the property located at 399 Linden Avenue (APN:
004-105-026, 028) (Property).

STAFF RECOMMENDATION
Action Item:

City of Car~interia
Non-Action Item .lL
Receive and file this status report.

Sample Motion: I move to receive and file this status report.

BACKGROUND
This report is presented in response to a request made by the City Council at its September 13, 2012 meeting.

The City Council authorized the purchase of the Property from Union Pacific Railroad (UPRR) on June 17, 2013. The purchase closed on December 19, 2013.

The Property is comprised of two assessor parcel numbers that total 1.44 acres. The Property is 75 feet wide and approximately 836 feet long. The purchase price was $766,457.82. Exhibit A is a parcel map of the Property.

At the time of purchasein 2013 the City had recently completed a purchase of the parcel of land on the north side of the Railroad (APN 004-105-016) most of which was ultimately developed into the Carpinteria Community Garden.

At that time, the representative of UPRR indicated that UPRR was interested in selling 399 Linden Avenue as well. Staff informed the City Council of this and the City Council directed Staff to pursue the acquisition.

The City conducted a General Plan Consistency Hearing on May 6, 2013. At this Hearing, the Planning Commission found the acquisition was consistent with the City's General Plan and Local Coastal Plan.

Property Report for 399 Linden Avenue
page#2
Prior to the City's acquisition of the Property, a Limited Liability Corporation leased the Property on a year-to-year basis from UPRR. This Lease between UPPO's Garden, LLC and UPPR was initiated on March 1, 2004 and was in effect when the City acquired the Property in 2013. The City renegotiated the terms of this Lease and a new agreement is in effect today. See Attachment 8.

The UPPO's Garden Lease was negotiated at the request of representatives of UPPO's Garden. The City receives monthly lease payments and some weed control / fire prevention benefits that would otherwise need to be performed by the City.

Property Improvements
The Property has a variety of fencing both along the perimeter of the parcel boundaries and within the property. At the time of the City's acquisition in 2013, fencing was in place along the property's Linden Avenue, southern and Holly Avenue boundary. In addition, a lightweight fence existed that surrounded the garden area operated by UPPO's Garden LLC. See the Topographic Survey (Exhibit 0).

The Property has three entrance gates wide enough for vehicle access located at Linden Avenue, Elm Avenue and at Holly Avenue. These gates are normally kept closed. The Gate at Elm Avenue and the fence along Holly Avenue are damaged and in need of repair or replacement.

Other improvements to the Property include a small greenhouse and some trees, both ornamental and fruit bearing.

Since the acquisition of the property the City installed a permanent fence along the northern boundary of the property. The fence serves to prevent unauthorized access to the railroad corridor. This fence was a negotiated requirement of the Purchase and Sale Agreement requested by the UPRR.

Property Uses
The Property has been used for a variety of temporary uses over the past several decades. UPRR once leased a portion of the Property to an orchard services company and to a seasonal bicycle rental company. Neighboring residents informally used the property for vehicle or outdoor storage from time to time. In addition, walking trails can be seen from historical aerial photos. See Exhibit C, Historical Aerial Photos of 399 Linden Avenue
The property was subject to an environmental cleanup in 1995 where three underground storage tanks were removed and the site was remediated. At least one of the tanks, thought to have been installed in the 1940's, was known to have leaked 23197992.2 23197992.2
Pro perty Report for 399 Linden Avenue
page #3
releasing hydrocarbons into the gro und. The site received regulatory closure in 1996 (SBCO LUFT site No. 50119).

Th e Property 's grant deed was transferred to the City on Dec ember 19, 2013. UPRR imposed some grant deed restrictions on the Property . These were negotiated as a part of the terms of purchase and do not allow the City to use the Prope rty for residential, educa tional facilities or child ca re facilities. See the Grant Deed , Attachment A, Covenants Sec tion (a).

Under the term s of the previously reference d UPPO's Garden lease the property is used for gardening and animal keeping. This is described in more detail below in the next section.

The City has used the Pro perty once for a public festival to promote environmental sustainability in Octobe r 2014, and for special event parking to support the July, 2019 Regional Junior Lifeguard Championships.

DISCUSSION
The Property is mostly unimproved. Since about 2016, the City has been doing planning work for various improvements including a public parking lot, public restroom location and a multiuse trail connection as part of the public improvements associated to the Surfliner Inn Project. For more information and exhibits about the Surfliner Inn Project please see the Homepage of the City's website and follow the hot topics/ Surfliner Inn.

The City continues to lease a portion of the Property to UPPO's Garden, LLC for hobby gardening purposes that began on May 12, 2014 on a month-to-month basis. This lease includes 15,750 square feet and is 45 feet wide and 350 feet long. Exhibit B depicts this lease area on the Property.

The basic lease terms include the following:
• Month to month tenancy at $150 per month. This amount has been adjusted to $172.84 per month pursuant to the terms of the lease.
• Tenant has to maintain specified insurance coverage
• Tenant may install perimeter fence on leased area, 4 foot height maximum. • The lease area may be used only for hobby gardening
• Tenant may keep animals on property (subject to limitations) • No storage allowed that is not related to hobby gardening • No vehicles
• No signs
• No improvements either temporary or permanent are allowed • No noxious or invasive species are allowed
• No planting of trees is allowed without written consent Property Report for 399 Linden Avenue
page#4
• Lease is month to month with a 30-day notice of cancellation provision. • Tenant may offer a license to one adjacent neighbor to share the Leases Premises.

For complete terms, see the full lease which is attached hereto as Attachment B.

The Property currently appears to have a variety of unauthorized uses and unauthorized encroachments. A recent informal inspection of the Property indicates that unauthorized permanent structures have been erected along with fencing, storage, plant cultivation and other miscellaneous amenities. Property line encroachments along the southern lot line may also be occurring. Please see Exhibit E showing the locations of possible encroachments.

POLICY CONSIDERATIONS
General Plan and Zoning for the Property
The Property has a General Plan designation of Open Space/ Recreation. Carpinteria Municipal Code (CMC) Section 14.08.485 states:
""Public open space" includes but is not limited to public parks and parking lots, beaches, access corridors such as bike paths, hiking or equestrian trails, usable natural areas, and vista points which are accessible to members of the general public. Public open space shall not include areas which are unusable for recreational purposes; examples of the same are private or public streets, private parking lots, hazardous areas such as steep slopes and bluff faces." The Property is zoned Recreation (REC). Pursuant to CMC 14.38.040, uses permitted in the REC district subject to development plan approval are as follows:

1. Public and/or private recreational uses, e.g., parks, campgrounds, riding, hiking, biking, and walking trails:

2. Public recreational facilities, including tennis courts, handball and racquetball courts, golf course;

3. Watercourses, flood control easements;

4. Structures and facilities required to support recreational activities, e.g., parking areas, water and sanitary facilities, boat launching facilities, ranger station and limited concession activities for persons using the recreational facilities;

5. Any other public, quasi-public or community service recreation use which the planning commission determines to be similar in nature to the above uses, to not reduce existing recreational opportunities, to be open to the general public and organized recreational and youth organizations, and not located on a city or state beach or beach park, or any environmentally sensitive habitat overlay. 23197992.2 23197992.2
Property Report for 399 Linden Avenue
page #5

FINANCIAL CONSIDERATIONS
Currently, the tenant pays the City $172.84 per month or $2,074.03 per year for use of the leased area.

LEGAL ANO RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed this Staff Report and is available to answer questions.

PRINCIPAL PARTIES EXPECTED AT MEETING

ATTACHMENTS
Exhibit A: Property Boundary
Exhibit B: Leased Premises boundary
Exhibit C: Historical Photos
Exhibit D: Topographic Survey
Exhibit E: Possible Property Encroachments
Exhibit F: Property Photos
Attachment A: Property Grant Deed
Attachment B: UPPO's Garden Lease
Staff contact: Matthew Roberts, Parks, Recreation and Public Facilities Director (805) 755-4449 ~/] ~
-~ _
11ature
/2W~-
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Exhibit A
399 Linden Avenue APN's 004-105 026 and 028
Outlined with blue lines
Exhibit B
UPPO's Garden LLC lease boundaries
23197992.2
Staff Report 399 Linden Avenue Property Report.

October 11, 2021
Page#?
October 11, 2021
Page#8
Exhibit C
Historical Aerial Photos of 399 Linden Avenue
Exhibit D
Topographic Survey of Property
Dated 4-15-13
'', 1
. .. ; . :• -~·
1965 Buildings shown on the Property's east side where leased to an orchard Services Company.
1972 A dirt roadway is shown on the west side allowing access from the Propety to the rear of residential property to the south
2001 The buildings have been removed on the east side and some vehicle storage, trails and dirt roadways are present
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Photog raphs of Prope rty
Taken 09- 22 -2021
Index of Photog ra ph loca tions
- --
October 11, 2021
Page#9
Exhibit E
Possible Property Encroachments
These possible encroachments are based upon the topographical survey dated 4-15- 2013
Type of Encroachments
A. Fence
B. Building
C. Building
D. Fence
E. Fence
F. Fence I Building
October 11, 2021
Page #10
Exhibit F
Property Photos
#1
#3
#4

#10

October 11. 2021
Page #11
Attachment A
Property Grant Deed
. RECOROING REQUESTa )r

CHICAGO TITLE

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
·--i
City of Carpinteria
Attn: City Manager
5775 Carpinteria Avenue
Carpinteria, California 93013
MAIL TAX STATEMENTS TO:
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Jose?h E. Koll::ru! I CoLntyC:erkiu!ccrlM!rl
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08:00A/l l9·Ucc-2013 1 Page I of a
City of Carpinteria
Attn: City Manager
5775 Carpinteria Avenue
Carpinteria, California 93013
8 Frz.
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(Space above line for Recorder's use on(v)
APN -~5.::2.J_ :.s:· :~:~~;~·:.:·,- •::.:,r;,v:"x' :c::o.6!~9·29

GRANT DEED
FOR VALUE RECEIVED, SOUTHER."! PACIFIC RAIL CORPORATION, a Utah corporation ("Grantor"), grants to CITY OF CARPil'\'TERIA, a California municipal corporation, incorporated as a political subdivision of the State of California ("Grantee"), all of its right, title, and interest in and to that certain real property (the "Property") situated in the City of Carpinteria, County of Santa Barbara, State of California, described in Exhibit A attached hereto and incorporated by reference.

EXCEPTING from this grant and RESERVING unto Grantor, its successors and assigns, forever, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered, including, without limitation, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such manner as not to damage the surface of the Property or to interfere with the use of the Property by Grantee, its successors or assigns.

THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO:

A. All liens, encumbrances, easements; covenants, conditions and restrictions of record;
B.

Property;
C.

Property;
All matters which would be revealed or disclosed in an accurate survey of the All matters which would be revealed or disclosed by a physical inspection of the D. A lien not yet delinquent for taxes for real property and personal property, and any general or special assessments against the Property; E. Zoning ordinances and regulations and any other notices, orders, laws, ordinances, and governmental regulations and restrictions regulating the use, occupancy or enjoyment of the Property, and amendments and additions thereto, now or hereafter in force or effect; and
F. Existing licenses and other existing rights to use the Property and renewals thereof, regardless of whether visible, open and obvious, recorded or unrecorded, or for public streets, rights of way or utilities.

Covenants.

The Property is conveyed by Granto, subject to the following covenants, conditions and restrictions which Grantee by the acceptance of this Deed covenants for itself, its successors and assigns, faithfully to keep, observe and perform:
(a) Restriction on Use. Grantee, its successors and assigns, may use the Property only for activities allowed under the Open Space/Recreation ("OSR ") designation of the City of Carpinteria's General Plan/Local Costa! Land Use Plan & Environmental Impact Report, State Clearinghouse No. 199712]] II, dated April 2003, which is intended to provide recreational areas (passive or active), including City parks, beaches, golf courses and related uses, as well as open space areas. Notwithstanding the foregoing OSR designation, the Property must not be used for (i) residential, (ii) lodgings or accommodations (including, without limitation, hotels, motels, boarding houses, dormitories, hospitals, nursing homes, or retirement centers), or (iii) educational or child-care facilities (including, without limitation, schools, kindergartens or daycare centers). (b) Fence Covenant. Grantee, at its sole cost and expense, shall install, within ninety (90) days after the date of delivery of this Deed, and thereafter maintain fencing or other barriers to prevent access to or encroachment on the railroad right-of-way of Granter adjacent to the northeasterly boundary of the Property. The existing (as of the date of delivery of this Deed) fencing along the northeasterly (track side) boundary of the Property is sufficient to meet this requirement. Any new fencing or barrier must be of a design and type satisfactory to Grantor, and in compliance with applicable building codes. Grantee shall submit the plans for any new fencing or barrier construction to:

Union Pacific Railroad Company
Assistant Vice President-Real Estate (Folder No. 2639-29) 1400 Douglas Street, Mail Stop 1690
Omaha, Nebraska 68179
for review and approval. Grantor shall complete such review and make appropriate response to Grantee within twenty (20) days after receipt of such plans by Grantor. Granter shall not u;\Jrgal • l".-: 1ie~ ,re,,.,._. ~1•.i~lp» Ui!a.l,.,i,1 ..,b,:,,;:ll;;t,pin:.-ri ,. f<lJ or_l~li"'IA III dr~ we~ 2 unre asonably withhold its approval of such plans. Such approval does not constitute a guarantee or warranty that such plans comply with applicable governmental laws, rules, regulations or ordinances, or that the fence as constructed will be structurally sound. (c) Railroad Proximity Covenant.
(i) Grantee acknowledges that the property abutting the northeasterly boundary line of the Property is dedicated and used fo r railroad purposes, that railroad operations may create noise, vibrations, emissions, fumes and odors twenty-four (24) hours a day, and that the amount, nature and intensity of railroad operations may increase or change (collectively, the "Permitted Effects"). Grantee accepts the Property subject to the existence of tbe Permitted Effects. By acceptance of the Property, Grantee agrees that, at Grantee's sole cost and expense, as part of the development of the Property, Grantee shall design and install and/or construct and thereafter maintain improvements to reduce or limit the Permitted Effects and to comply with all governmental requirements, if any, which may be imposed as a condition to the development and use of the Property because of the Permitted Effects.
(ii) Grantee shall not and hereby waives all rights to institute legal proceedings against Granter to reduce or lessen the Permitted Effects. (iii) If Grantee sells or leases all or any portion of the Property, Grantee shall require all purchasers and tenants to acknowledge the location of the railroad operations abutting the Property and the existence of tbe Permitted Effects, and to agree in writing, for the benefit of Granter, to comply with the above covenants.
(d) Covenants To Run With Land. The foregoing covenants, conditions and restrictions shall run with the Property, the burdens of which will be binding on the successors and assigns of Grantee, and the benefits of which will inure to the successors and assigns of Granter. A breach of the foregoing covenants, conditions and restrictions, or the continuance thereof, may, at the option of Grantor, its successors or assigns, be enjoined, abated or remedied by appropriate proceedings.

IN WI1NESS WHEREOF, the undersigned has executed this Deed this Jf+f:
day of November, 2013.

Grantee hereby accepts this Deed and agrees for itself, its successors and assigns, to be bound by the covenants set forth herein.

Dated this '2),,. day of November, 2013.
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ATTEST: /'
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SOUTHERN PACIFIC RAIL CORPORATION,
a Utah corporation
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STATE OF NEBRA SKA

COUNT Y OF DOUGLAS

STATE OF CALIFORNIA )
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COUNTY OF SANTA BARBARA)
On November 25, 2013, before me, a Notary Public in and for said County and State, personally appeared James J. Theisen, Jr. and Maureen Fong Hinners, Vice President-Law and Assistant Secretary, respectively, of SOUTHERN PACIFIC RAIL CORPORATION, a Utah corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.

On November 22.., 2013, before me, £LVlvlO.. (~t,,bo r- a Notary Public in and for said County and State, personally appeared .,DJ..: ..,,,.,,)Jc,.;i.......,_.=c...u.="!-'~-- and =============::. who proved to me on the basis of satisfacto evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.

WITNESS my hand and official seal.
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• otary Public
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WI1NESS my hand and official seal.
(Notary Seal)
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Locate No.: CAcnn-,.2-n42-4n6-oon6ass2e
Title No.: 13-n60s528-IO

EXHIBIT A
EXHIBIT"A"

LEGAL DESCRIPTION OF PROPERTY

TO BE ATTACHED

THE LAN D REFERRED TO HEREIN BELOW IS SITU ATED IN THE CITY OF CARPINTERIA, COUNTY OF SANTA BARB ARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL "A' AND PARca ·c· OF MAP NO. 25,192, IN THE CITY OF CARPINTERIA, COU NTY OF SANTA BARBARA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOO K 64 PAGES 40 THROUGH 41 OF PARCEL MAPS RECORDED IN THE OFFICE OF THE COUNTY RECORD OF SAID COUNTY .

APN: 004-105-21 (portion)
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Exh~ Page· Legal(exhiMX08-07)
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October 11 , 2021
Page #12
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Attachment B
UPPO 's Garden LLC month to month Lease

GROUND LEASE BY AND BEHVEEN
THE CITY OF CARPfNTERIA
AND

UPPO'S GARDEN, LLC
This GROUND LEASE ("Lease") is made and entered into as of this ~day of Jtll""~ , 20l4, by and between the City of Carpinteria, a California municipal corporation located in the Cou of Santa Barbara, ("Landlord" and sometimes "City"), and L'PPO's GARDEN, LLC, a California Limited Liability Corporation ("Tenant") with reference to the following facts and intentions.

RECITALS:

A. WHEREAS, Landlord is the owner of record of the real property and improvements located at 399 Linden Avenue, Carpinteria, California, 93013 and more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"); and B. WHEREAS, Tenant currently leases a portion of the Property under that certain Lease of Property between Union Pacific Railroad Company and UPPO's Garden. LLC, entered into March I, 2004 ("Original Lease"), which Landlord assumed when it acquired the Property by that certain Assignment and Assumption Agreement between Union Pacific Railroad Company and the City of Carpinteria entered into on December I 9, 2013, both of which documents are attached hereto as Exhibit "B" and incorporated by reference; and C. WHEREAS, Tenant desires to continue to lease a portion of the Property for gardening and landscaping purposes; and
D. WHEREAS. on an interim basis, Landlord desires to lease to Tenant and Tenant desires to lease from Landlord a portion of the Property ("P~emises"), as hereinafter described, on the terms and conditions in this Lease; and
E. WHEREAS, Landlord and Tenant now desire to enter into a new lease agreement and further intend that this Lease shall supersede and replace the Original Lease, which is hereby terminated.

NOW, THEREFORE, IN CONSIDERATION OF THE TERM:S, COVENANTS AND CONDITIONS CONTAL."IED HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF "WHICH ARE HEREBY ACKNOWLEDGED, LANDLORD AND TENANT HEREBY AGREE AS FOLLOWS:

I. INCORPORATION OF RECITALS
I.I. Incorporation or Recitals. Landlord and Tenant agree the foregoing Recitals are true and correct and are hereby incorporated by reference.

2. SUBJECT OF LEASE
03S444\0878\l 1016Sl I. !4
-.

2.1 The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises, which constitute approximately 15 thousand seven hundred-fifty square feet of open land rentable space, which is depicted and described with more particularity on Exhibit "C", attached hereto and incorporated by reference, on the terms and upon the agreements, covenants and conditions set forth in this Lease.

J. POSSESSION OF THE PREMISES

3.1 3.2
As-ls Condition. The Premises will be delivered to Tenant in its "as is" condition on the date of Tenant's Acceptance as defined in paragraph 2.2 below.

Acceptance of the Premises. Except as may be otherwise provided herein, Tenant shall, by entering into and occupying the Premises or using any portion of the Premises, be deemed to have accepted the Premises and to have acknowledged that the same is then in the condition called for by this Lease.

3.3 Surrender of the Premises. Upon the termination of this Lease, Tenant shall remove all of Tenant's property and restore the Premises to its condition at the time it was leased from City, and peaceably and quietly leave and surrender the Premises to Landlord, in good order, condition and repair.

4. TERM

4.1 Duration and Commencement. This Lease shall commence on March I; 2014 and continue on a month-to-month basis thereafter, until either party shall terminate the lease by giving the other party thirty (30) days written notice ..

4.2 Renewal.

4.2.1 This Lease shall automatically renew for consecutive periods of one ( I) month each until terminated by either party upon thirty (30) days prior written notice of termination delivered to the other party. Landlord or Tenant may terminate the Lease for any reason or no reason at all. Any such. termination shall be effective as of the last day of the first full month following the date written notice of termination is delivered to the other party by the terminating party.

4.2.2 Tenant expressly acknowledges and agrees that Landlord is renting the Premises to Tenant on an interim basis while Landlord determines a long term use for the Property.

Tenant agrees to cooperate with Landlord to the fullest extent possible in Landlord's efforts to secure a long term use for the Property, including consenting to Landlord's reasonable access to the Premises for this purpose and other purposes not inconsistent with Tenant's permitted uses. This Lease shall not be interpreted as a guarantee, on behalf of the City, to offer to sell any portion of the Property to Tenant in the future.

4.3 Termination.

4.3. l Termination Without Cause, Notwithstanding the above, Landlord or Tenant may terminate this Lease at any time without cause, for any reason or no reason, upon thirty (30) days' written notice to the other party, provided however that at Landlord's election, no such termination by Tenant shall be effective unless and until Tenant has vacated and restored the Premises as required in Section 2.4, at which time Landlord shall refund to Tenant, on a pro rata basis any unearned rental paid in advance.

4.3.2 Termination With Cause. Landlord or Tenant may terminate this Lease at any time with cause pursuant to Article 14. l.

5. RENT
Tenant shall pay, without demand or delay, abatement, deduction, or offset, the rent in such amounts as provided herein.

5.l

5.2 Security Deposit. Concurrently with the execution of this Lease, Tenant shall deposit with Landlord a security deposit in the amount of one thousand four hundred dollars ($1,400.00) ("Security Deposit"), and thereafter, during the continuance of this Lease, shall maintain the Security Deposit with Landlord. The Security Deposit shall be security for the full, prompt and faithful performance by Tenant of all of its obligations hereunder. Landlord shall have the right, but not the obligation, to apply the Security Deposit or any part thereof toward the cost and expense (including Landlord's attorneys' and other professional fees, if any) of curing any default on the part of Tenant; in which event, Tenant shall restore the Security Deposit to its original amount within thirty (30) days after receipt of Landlord's written demand to do so. A failure to restore the Security Deposit shall constitute a material breach of this Lease. Upon expiration or termination of this Lease and vacation of the Premises in the manner required by this Lease, the Security Deposit, or portion thereof remaining unapplied after the curing of every default by Tenant shall be returned to Tenant. No interest shall be payable to Tenant on account of the Security Deposit.

Monthly Rent. Tenant shall pay to Landlord as rental for the use and occupancy of the Premises, one hundred fifty dollars ($150.00) per month, in lawful money of the United States ("Monthly Rent"). The rent shall be due on the first day of each calendar month.

Upon the annual anniversary of Lease commencement, and on every annual anniversary thereafter, the initial rental rate of one hundred fifty dollars ($150.00) per month shall be adjusted according to any increase in the United States Consumer Price Index of the Bureau of Labor Statistics of the United Stares Department of Labor for All Urban Consumers ("CPI") for LA-Riverside-Orange County, California that is published most immediately preceding the adjustment date. The base for computing the adjustment is the CPI that is published most immediately preceding the date of the annual anniversary of Lease commencement ("Beginning CPI"). On each adjustment date, the monthly rent for the following year until the next rent adjustment will be set by multiplying $150.00 by a fraction, the numerator of which is the CP! published most immediately preceding the adjustment date in question and the denominator of 2 3
035444\0 878\11016511.14 035444\0878\1 !0l6Sl !.l4
which is the Beginning CPL Provided, however, that in no event shall any adjusted rent be less than the rent for the month immediately preceding the adjustment. ff the CP[ is no longer published, then the adjustment to Rent shall be based on an alternate index that most closely reflects the CPI.

5.3 5.4

5.5 5.6

5.7 Pavment. All payments required to be made by Tenant under this Lease shall be made without any setoff, deduction or counterclaim whatsoever and shall be made by check, payable to the "City of Carpinteria" and delivered to the City at 5775 Carpinteria Ave., Carpinteria, California 93013 Attn: City Manager, or any other location that the City may designate.

Late Charges; Lease Termination. Any Rent not paid to Landlord within ten (10) days of the due date under this Lease shall be subject to a late fee of ten percent (10%) of the amount then owing. The parties understand and agree that the late fee is a fair and reasonable estimate of the cost of the late payment to Landlord.

Utilitv and Services. Tenant shall contract and pay for all water, trash and other services to the Premises which shall all be billed directly to Tenant. Landlord shall have no obligation or responsibility to provide any utility or service to the Premises.

Toxes, Assessments and Charges. Tenant covenants to pay when due, its pro rata share of all applicable taxes, assessments (including, without limitation, all assessments for public improvements or benefits, whether or not commenced or completed prior to the date hereof and whether or not to be completed within the term hereof), rates and charges, excises, levies, license fees, permit fees, inspection fees and other authorization fees and other charges, in each case, whether general or special, ordinary or extraordinary, foreseen or unforeseen, of every type of character (including all interest and penalties thereon), which at any time during or in respect of the term hereof may be assessed, levied, confirmed or imposed on, or in respect of, or be measured by, or become a lien upon Landlord, the Property, this Lease or any part thereof, or any estate, or right or interest therein.

Notice of Possessorv Interest and Pa,•ment. In accordance with California Revenue and Taxation Code Section 107.6(a) this Lease may create a possessory interest that is subject to taxation. If such interest is created, Tenant may be subject to the payment of property taxes levied on said possessory interest. Tenant agrees to pay these amounts as additional rent to The City in the same manner and on the same schedule as the Monthly Rent, and agrees to indemnify Landlord from and against all claims pursuant to Article 7 hereof with regard to said possessory interest.

6.2 6.1.1 Hobby gardening. Tenant shall use the Premises only for the purpose of hobby gardening to grow fruits, vegetables and ornamental plants.

6. l.2 Live animals. Tenant is permitted to maintain dogs. cats, and no more than twelve (12) chickens on the Premises. Any live animals on the Premises must be maintained in compliance with Title 6 of the Carpinteria Municipal Code.

6.1.3 Fencing. A four-foot high lightweight garden fence may be installed inside the perimeter of the leased premises subject to applicable City permits.

Prohibited Uses. Tenant shall not use, or allow use of, the Premises for any activity other than as set forth in paragraph 6.1 without the prior written consent of Landlord. Tenant's uncured breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease. Specifically, the following uses are prohibited:

6.2.l

6.2.2 6.2.3

6.2.4 6.2.5
Commercial activity. Tenant shall not use the Premises for any commercial activity.

Animals. Tenant is prohibited from keeping animals on the Premises, with the exception of those animals permitted pursuant to article 6.1.2.

Noxious and invasive species. Tenant shall not cultivate or allow noxious or invasive species to establish and shall operate gardening activities therein in a prudent and aesthetically pleasing manner and in full compliance with all terms and conditions of this Lease. Tenant shall keep weeds mowed to a height of 6" or less in height. No trees shall be planted on the Premises without Landlord's prior written consent.

Storage. Tenant will not use the Premises for any storage unrelated to the gardening activity or permit any storage by others. Tenant shall not, without prior written consent from Landlord, store any other property, temporarily or permanently, on the Premises. In the event that any unauthorized storage shall occur Landlord shall have the right, in addition ro such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be payable upon demand by Landlord.

V chicles No vehicles may be parked or driven on the Premises.

6. USE OF THE PREMISES

6.1 Permitted Use. The Premises shall be used only for the following purposes:

6.3 6.2.6 Sign•. No signs are allowed to be displayed on the Premises without prior written approval of the Landlord.

6.2. 7 Improvements. Tenant shall not construct or place any permanent or temporary improvements of any kind on the Premises.

Compliance with Rules and Regulations. Landlord shall have the right, from time to time, lo establish, modify, amend and enforce reasonable rules and regulations ("Rules and Regulations") for the management, safety, care, and cleanliness of the Premises, and the preservation of good order. Tenant agrees to abide by and conform to all such Rules and Regulations. 4 035444\0878\J 10165[ l.l4
0J~44'10878\t tol651 l.14

6.4 Compliance with Laws. Tenant shall not occupy or use the Premises, or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises, in whole or in part, for other than legal purposes, or for a purpose or in a manner liable to create a public or private nuisance or lo cause structural injury 10 the Premises or any part thereof, or which may make it difficult, impossible or cost prohibitive to obtain fire or other insurance thereon required to be furnished by Tenant hereunder, or in violation of any certificate of occupancy or evidence uf compliance issued by any governmental agency covering or affecting the use of the Property, or in violation of any ordinance or regulation of the City. Tenant's uncured breach of the above shall be deemed a material default under the terms of this Lease giving rise 10 Landlord's right, in its sole discretion. to terminate this Lease.

6.5 6.6
Alterations; [mprovements. Tenant shall not, without the Landlord's prior written consent, make any alterations, improvements or additions in or about the Premises. As a condition to giving any such consent, the Landlord may require the Tenant to remove any such alterations, improvements, or additions and to restore the Premises to their prior condition upon 30-day notice or upon termination of the Lease. Unless the Landlord requires their removal as set forth above, all alterations, improvements or additions which are made on the Premises by the Tenant shall become the property of the Landlord and remain upon and be surrendered with the Premises upon termination of the Lease. Any damage to the Premises caused by said removal shall be repaired at Tenant's sole cost.

Use bv Others. Tenant shall not sublease any portion of the Premises and shall not grant any right to use any portion of the Premises by any means, including, but not limited to, by license, save one exception. Under the terms of this Lease, Tenant is allowed to offer no more than one ( 1) license to occupy no more than fifty percent (50%) of the Premises under the same terms as the Tenant ("License") for the benefit of Richard Batchelder at 36& Holly Avenue, Carpinteria, CA 93013 (APN 003-440-003), whose property is immediately adjacent to and abuts the premises, and to whom Tenant has currently granted a license. No other licenses to other persons shall be permitted. The License must be in writing and the terms of such License shall require the prior approval of Landlord. The License shall be subject and subordinate to ail provisions of this Lease. If Tenant fails to comply with the above requirements in entering into the License, the License shall be void.

7. LIENS
&.

7.1 Lien Indemnification. Tenant shall at all times indemnify, save and hold Landlord, the Premises and the Property, free, clear and harmless from any claims, liens, demands, charges, encumbrances or litigation arising directly or indirectly out of any use, occupancy or activity of Tenant, or out of any work performed, material furnished, or obligations incurred by Tenant, in, upon, about or otherwise in connection with the Premises and shall pay or cause to be paid for all work performed and material furnished to the Premises which will or may result in a lien on the Property, and will keep the Property free and clear of all mechanic's liens and rnaterialmen's liens (including the posting of an appropriate bond which shall release the lien).

INDEMNrFICA TION, BUS[!'l'ESS INTERRUPTION AND INSURANCE

8.1 General Indemnification. To the fullest extent perrnilled by law, Tenant hereby indemnifies, holds harml ess and agrees to defend Landlord from and against all claims, damages, expenses (including, without limitation, reasonable attorneys' fees and reasonable investigative and discovery costs), liabilities and judgments (for purposes of this Miele 7, "Claims") arising from the use of the Premises or Property pursuant to this Lease, including, but not limited to, any Claims on account of injury to persons, loss of life, or damage to property occurring on the Premises or Property and caused by the alleged active or passive negligence or willful misconduct of Tenant, its agents, servants or employees. Tenant's obligations with respect to indemnification hereunder shall remain effective, notwithstanding the termination of this Lease, as to claims arising or accruing prior to the termination of th.is Lease. 6 8.2 Use Interruption. Tenant agrees that no claims for damages, loss of use, or loss of income either direct or indirect shall be made against Landlord.

8.3 Liabilitv Insurance Coverage and Limits. Throughout the term of this Lease Tenant agrees to maintain, and/or cause to be maintained, at no cost to Landlord, liability insurance insuring its interests against claims for personal injury, bodily injury, death and property damage occurring on, in or about the Premises and the ways immediately adjoining the Premises, with a "Combined Single Limit" (covering personal injury liability, bodily injury liability and property damage liability) of not less than One Million Dollars (Sl,000,000.00). Landlord and its officials, employees, and agents and all persons using the Premises shall be covered and named as additional insureds. The insurance limits in this section shall be subject to increase from time to time by such amounts as Landlord and Tenant may reasonably agree is necessary or desirable, as may be evidenced by the practice of similarly situated properties. Tenant shall provide Landlord with written evidence that such insurance is in force and that Landlord has been added as an additional insured prior to the commencement date of this lease.

8.4 Propertv Casualty Insurance. Throughout the term of the Lease, Landlord shall have no obligation to provide or maintain any property casualty insurance.

8.5 Personal Propertv Insurance. Tenant sball obtain and maintain insurance coverage on all of Tenant's persona! property located on or serving the Premises, along with any equipment, fixtures, and Tenant-owned alterations. Such insurance shall be full replacement cost coverage with a deductible not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Tenant for the replacement of personal property, fixtures, and Tenant-owned alterations. Landlord and its officials, employees, and agents and all persons using the Premises shall be covered and named as additional insured s. Tenant shall provide Landlord with written evidence that such insurance is in force and that Landlord has been added as an additional insured prior 10 the commencement date of this lease.

8.6 Damages for Failure to Provide Insurance. This Section is applicable only in the event that Tenant is not in compliance with the requirements to maintain insurance as set forth in this Arti cle 7. Landlord shall not be limited in the proof of any damages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insuran ce, but Landlord shall also be 7 03S444\0878\i l0!6~ ! 1.14 OJ5444'.0878\l l01651 l.14

8.7 entitled to recover as damages for such breach the uninsured amount of any loss (to the extent of any deficiency in the insurance required by the provisions of this Lease), damages, costs and expenses of suit, including attorneys' fees, suffered or incurred by reason of damage to, or destruction of, the Premises or Property, occurring during any period in which Tenant shall have failed or neglected to provide insurance as aforesaid. Tenant's uncured breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

Landlord Discretion to Insure. Landlord, in its sole discretion, throughout the term of this Lease, shall have the right to obtain a commercial comprehensive general liability insurance policy on the Property or alternatively, may self-insure the Property.

9. DAMAGE OR DESTRUCTION

10. 9.1 Reconstruction and/or Removal. If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises. [f Landlord elects to restore, and is able to complete such restoration within ninety (90) days from the date of damage, subject to the terms of this paragraph, this Lease shall remain in full force and effect Rent shall be abated as of the date of damage. The abated amount shall be the current Rent prorated on a thirty (30) day basis. ff this Lease is not terminated, and the damage is not repaired, the Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's invitee no reduction in Rent shall be made.

ASSIGNMENT AND SUBLETTING
I 0.1 Prior Written Consent Tenant may not assign or sublet all or any portion of its interest in this Lease without Landlord's prior written consent, which may, in Landlord's sole discretion, be withheld for any reason or no reason.

10.2 Assignment of Landlord's Interest in Lease or the Leased Premises. Landlord may convey, transfer, sell, assign or otherwise transfer the Property, this Lease, all or a portion of its interest thereunder, and/or all or a portion of the payments that are payable to it by Tenant pursuant to this Lease. Tenant hereby consents and agrees to any such transfer which Landlord considers necessary or proper, regardless of the reason or reasons for which Landlord makes such transfer and regardless of the entity that is the Transferee thereunder.

II. PERFORMANCE OF TENANT'S COVENANTS
l 1.1 Right of Performance. If Tenant shall at any time fail to pay any tax, assessment, foe or other charge in accordance with this Lease, within the time period therein permitted or shall fail to pay for or maintain any of the insurance policies provided for in this Lease, within the time therein permitted, or fail to make any other payment or perform any other act on its part to be made or performed hereunder, within the time permitted by this Lease, then Landlord, after ten (10) days' written notice as to payments of Rent with other charges and thirty (30) days' written notice as to other breaches, given to Tenant (or, in case of an emergency, on such notice, or without notice, as may be reasonable under the circumstances) and without waiving or releasing Tenant from any obligation of Tenant hereunder, may (but shall not be required to):

11.1.1 Pay such tax, assessment, fee or other charge payable by Tenant, or I 1. l .2 Pay for and maintain such insurance policies provided for, or

11.1.3 Make such other payment or perform such other act on Tenant's part to be made or performed as in this Lease provided.

11.2 Reimbursement and Damages. All sums so paid by Landlord and all costs and expenses incurred by Landlord in connection with the performance of any such act, together with interest thereon, shall constitute an obligation payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. A failure by Tenant to make such a payment shall be a material breach of this Lease. Landlord shall not be limited in the proof of any damages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insurance, but Landlord shall also be entitled to recover as damages for such breach, the uninsured amount of any loss (to the extent of any deficiency in the insurance required by the provisions of this Lease), damages, costs and expenses of suit, including attorneys' fees, suffered or incurred by reason of damage to, or destruction of, the Premises, occurring during any period in which Tenant shall have failed or neglected to provide insurance as aforesaid.

12. HAZARDOUS MATERIALS

12.J Landlord's Representations and Warranties. Except as identified by Landlord in writing to Tenant as known environmental conditions prior to the execution of this Lease, Landlord makes no representation or warranty regarding the condition of the Premises or Property.

12.2 No Use of Hazardous Materials on the Premises. Tenant covenants and agrees that it shall not, and that it shall not permit any licensee to, treat, use, store, dispose, release, handle or otherwise manage Flammable, Explosive, Dangerous or Hazardous Materials on the Premises , and that all conduct on the Premises shall be done in compliance with all applicable federal, state and local laws. Tenant's violation of the foregoing prohibition shall constitute a material breach hereunder and Tenant shall indemnify, hold harmless and defend the Landlord for such violation as provided below.

12.3 Notice and Remediation bv Tenant. Tenant shall, within five (5) days of such occurrence or immediately in cases of imminent threat of injury to life or property, notify Landlord of any significant release of any Hazardous Materials, and/or any notices, demands, claims or orders received by Tenant from any governmental agency pertaining to Hazardous Materials which may affect the Property. Tenant's breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

12.4 Environmental lndemnitv by Tenant. Tenant hereby agrees to hold harmless, defend and indemnify Landlord and its employees, members and officials from and against all liability, loss, 9 035444\0878\110!6511.14 0JS444\0878\110l6SJ I.M
damage, costs, penalties, fines and/or expenses (including attorney's fees and court costs) arising out of or in any way connected with (a) Tenant's breach or violation of any covenant, prohibition or warranty in this Lease concerning Hazardous Materials, or (b) the activities, acts or omissions of Tenant, its employees, contractors or agents en or affecting the Premises from and after the Possession Date, including but not limited to the release of any Hazardous Materials or other kinds of contamination or pollutants of any kind into the air, soil, groundwater or surface water on, in, under or from the Premises whether such condition, liability, loss, damage, cost, penalty, fine and/or expense shall accrue or be discovered before or after the termination of this Lease.

This indemnification supplements and in no way limits the scope of the indemnification set forth in Article 7.

12.5 Release bv Tenant. Tenant waives, releases, acquits and forever discharges Landlord and its employees, members, officials, and agents, or any other person acting on behalf of Landlord, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, or compensation (for purposes of this Article 11, "Claims") whatsoever including, but not limited to, all Claims at common law, whether direct or indirect, known or unknown, foreseen or unforeseen, which Tenant has as of the Possession Date on account of or in any way growing out of or in connection with any Hazardous Materials or other conditions on, in, under, from, or affecting the Premises, or any law or regulation applicable thereto. Tenant is hereby subrogated to any and all rights possessed by Landlord against third parties with respect to said Claims. To the extent of such waiver and release, Tenant expressly waives its rights, if any, under California Civil Code Section 1542 which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHJCH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HA VF.

MA TER!ALL Y AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

12.6 Environmental Tndemnitv bv Landlord. Landlord hereby agrees to hold harmless, defend and indemnify Tenant and its employees, members, officers, directors, and agents from and against all liability, loss, damage, costs, penalties, fines and/or expenses (including attorney's fees and court costs) arising out of or in any way connected with the activities, acts or omissions of Landlord, its employees, contractors or agents on er affecting the Premises, including but not limited to the release of any Hazardous Materials or other kinds of contamination or pollutants of any kind into the air, soil, groundwater or surface water on. in. under or from the Premises whether such condition, liability, loss, damage, cost, penalty, fine and/or expense shall accrue or be discovered before or after the termination of this I .ease. l2.7 Release bv Landlord. Landlord waives, releases, acquits and forever discharges Tenant and its employees, members, officers, directors, agents, or any other person acting on behalf of Tenant, of and from any and all Claims whatsoever including, but noi limited to, all Claims at common law, whether direct or indirect, known or unknown, foreseen or unforeseen, which Landlord has as of the Possession Date on account of or in any way growing out of or in connection with any Hazardous Materials or other conditions on, in, under, from, or affecting the Premises, or any law or regulation applicable thereto.

12.8 Termination. The agreements and obligations of the Parties under this Article 11 with regard to indemnification of Landlord or Tenant shall survive the termination of this Lease for any reason, for five (5) years and all claims relating thereto must be delivered in writing 10 Landlord or Tenant, as the case may be, within such period.

13. REPRESENTATIONS AND WARRANTIES

13. l Landlord's Representations and Warranties. Landlord represents and warrants to Tenant that:

I 3. I. I Landlord has full right and authority to grant the rights provided herein and to execute and perform all of the terms and conditions of this Lease.

13. l.2 Tenant, upon performing and complying with all covenants, agreements, terms and conditions of this Lease lo be performed or complied with by it, shall peaceably and quietly have, hold and enjoy the full possession and use of the Premises until termination of the Lease.

13. l.3 Landlord has the power and authority to enter into this Lease and perform all the obligations of Landlord hereunder.

Landlord does not make any representations or warranties regarding the condition of the Premises, or its suitability for the use of the Premises contemplated by this Lease. l}.2 Tenant's Representations and Warranties. Tenant represents and warrants to Landlord that:

13.2.l Tenant has examined the Premises and accepts the Premises in its "as is" condition without representation or warranty (express or implied) and subject to all defects and conditions, whether patent or latent, and subject further to all legal requirements, including taxes, assessments, zoning, use permit requirements and building codes, based solely on Tenant's own inspection, analysis and evaluation and not in reliance on any information provided by or on behalf of Landlord. Tenant acknowledges and agrees that Landlord is under no obligation to prepare or improve the Premises for Tenant's use.

Except as otherwise provided in this Lease, Tenant hereby releases Landlord from any and all liabilities and obligations that Landlord might otherwise have to Tenant and all claims Tenant might otherwise have against Landlord with respect to the condition of the Premises. To the extent of such waiver and release, Tenant expressly waives its rights, if any, under California Civil Code Section 1542 which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR

AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR

HER MUST HAVE MATERIALLY AFFECTED HJS OR HER SETTLEMENT WITH THE DEBTOR."
10 ll
OJS,:t',4·,og;s\J IOl6Sl 1.14 0354441.0S78\11016:i I l.14

14. 13 .2 .2 Tenan t acknowledges that Landlord has not made any representations or warran ties regarding the condition of the Premises, or its suitability fo r the use of the Premises contemplated by this Lease.

13.2.3 Tenant ha s the righ t, power and authority to enter into this Lease and to perform all the obligations of Tenant hereunder.

EVENTS OF DEFAULT; REMEDIES
I 4. l Events of Default. Any one or all of the following events after thirty (30) days written notice to Tenant, unless a shorter period is specified, shall constitute an event of default hereunder ("Event(s) of Default"):

14. l. l The default in the payment of any Monthly Rent or other charges by Tenant when and as the same becomes due and payable and such default continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; or

14. ! .2 The abandonment or vacation of the Premises by Tenant; or

14.1.3 The entry of any decree or order for relief by any court with respect to Tenant, or any assignee or transferee of Tenant (hereinafter "Assignee"), in any involuntary case under the Federal Bankruptcy Code or any other applicable federal or state law; or the appointment of or raking possession by any receiver, liquidator, assignee, trustee, sequestrator or other similar official of Tenant or any Assignee, or of any substantial part of the Premises of Tenant or such Assignee, or the ordering or winding up or liquidating of the affairs of Tenant or any Assignee and the continuance of such decree or order unstayed and in effect for a period of sixty (60) days or more (whether or not consecutive); or the commencement by Tenant of any such Assignee of a voluntary proceeding under the Federal Bankruptcy Code or any other applicable state or federal law or consent by Tenant or any such Assignee to the entry of any order for relief in an involuntary case under any such law, or consent by Tenant or any such Assignee to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, sequestrator or other similar official of Tenant or any such Assignee, or of any substantial property of any of the foregoing, or the making by Tenant or any such Assignee of any general assignment for the benefit of creditors; or Tenant or any such Assignee takes any other voluntary action related to the business of Tenant or any such Assignee or the winding up of the affairs of any of the foregoing; or

14.1.4 The default in Tenant's performance of or compliance with any other material term, covenant or condition of this Lease where Tenant fails to cure such default within thirty (30) days or Tenant fails to use reasonable diligence in curing a default where it is of such character as to require more than thirty (30) days to cure; or

14.1.5 Tenant shall not be in default of any of the terms, conditions, covenants, warranties, agreements or restrictions provided under this Lease or any other discretionary Landlord approvals on the last day of the term; or

14.1.6 The Premises shall be maintained in good operating condition with no material deferred maintenance including, but not limited to, keeping weeds mowed in compliance with Carpinteria-Summerland Fire District management regulations regarding vegetation; or

14. l. 7 Tenant shall not be in violation of any ordinance or regulation of the City on the last day of the term; or

14.1.8 Notwithstanding the above, the parties also understand and agree that persistent and chronic late payments are disruptive and costly to Landlord, requiring Landlord to devote additional time, money, resources and energy to the administration of this Lease, all of which cannot be sufficiently reimbursed to Landlord by way of Tenant's payment of the late fee. Therefore, Tenant's failure to timely pay Rent (within ten (10) days of the due 12 13
035444\08 78\! !01651 I.14 03:5444\0878\1 !01651 l.14
'
l4.2
dare) on any four (4) occasions during a twelve (12) month period one (J) month shall be deemed a material and incurable default under this Lease, giving rise lo Landlord's right, in its sole discretion, to terminate this Lease upon thirty (30) days' notice. Landlord's decision not to exercise this remedy at any time during the term of this Lease shall not act to waive Landlord's right to exercise such remedy at a future date.

Remedies.

14.2.l If an Event of Default shall occur and continue as aforesaid, then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and bring suit against Tenant and recover as an award in such suit the following:
(i)
(ii)
(iii)
(iv)
(v)
the worth at the time of award of the unpaid Rent and all other sums due hereunder which had been earned at the time of termination; the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder which would have been earned after tennination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;
the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder for the balance of the term after termination exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things could be likely to result therefrom; and such amounts in addition to or in lieu of the foregoing as may be permitted from lime to time by applicable California law.

14.2.2 If an Event of Default occurs, Landlord shall also have the right, with or without terminating this Lease, to reenter the Premises and remove all persons and property from the Premises; property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant.

14.2.3 [f an Event of Default occurs, Landlord shall also have the right, with or without terminating this Lease, to relet the Premises. If Landlord so elects to exercise its right to relet the Premises without terminating this Lease, then rents received by Landlord from such re letting shall be applied: First, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; Second, to the payment of any cost of such reletting; Third, to the payment of the cost of any alterations and repairs to the Premises; Fourth, to the payment of Rent due and unpaid hereunder; and Fifth, the residue, if any, shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. Should the amount of rents received from such reletting during any month which is applied to the payment of Rent hereunder be less than that agreed to be paid during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as 14 l4.3
l4.4
ascertained, any costs and expenses incurred by Landlord in such reletting or in making alterations and repairs not covered by the rents received from such re letting.

14.2.4 No reentry or taking possession of the Premises by Landlord pursuant to this Lease shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Tenant because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Receipt of Rent, No Waiver of Default. The receipt by Landlord of the Rents or any other charges due to Landlord, with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants of this Lease, shall not be deemed to be a waiver of any provisions of this Lease. No acceptance by Landlord of a lesser sum than the Rents or any other charges then due shall be deemed to be other than on account of the earliest installment of the Rents or other charges due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment of Rent or charges due be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in this Lease. The receipt by Landlord of any Rent or any other sum of money or any other consideration paid by Tenant after the termination of this Lease, or after giving by Landlord of any notice hereunder to effect such termination, shall not, except as otherwise expressly set forth in this Lease, reinstate, continue, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given hereunder by Landlord to Tenant prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by Landlord. No act or thing done by Landlord or by its agents or employees during the term of the Lease shall be deemed to be an acceptance of a surrender of the Premises, excepting only an agreement in writing signed by Landlord accepting or agreeing to accept such a surrender.

Effect on Indemnification. Notwithstanding the foregoing, nothing contained in this Article shall be construed to limit Landlord's right to indemnification as otherwise provided in this Lease.

14.5 Notice or Landlord's Default; Tenant's Waiver. Landlord shall not be considered to be in default under this Lease unless (a) Tenant has given notice specifying the default and (b) Landlord has failed for thirty (30) days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for noncurable defaults.

15. ENTRY BY LANDLORD

15.l Right of Entrv. Landlord and its respective authorized representatives shall have the right to enter the Premises at all reasonable times and upon reasonable notice for the purpose of inspecting the same and to take all such action thereon as may be necessary or appropriate for any such purpose provided for under this Lease or any other lawful purpose including protecting the Premises or showing the Property to prospective purchasers or tenants (but nothing contained [5
035444\0878',!{016:511.!4 035444\0878\I I0\6S 11 14
-,
in this Lease shall create or imply any duty on the part of Landlord to make any such inspection or to do any such work). No such entry shall constitute an eviction of Tenant. !6. REPAIRS AND MAINTENANCE

17. 16.1 Responsibilities. All damage or injury done to the Premises by the Tenant or by any person who may be in or upon the Premises or Property with the Tenant's consent or invitation shall be paid for by the Tenant.

DEFINITIONS

18. 17.1 "Hazardous Materials" shall mean any substance or material defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous waste", "acutely hazardous waste", "restricted hazardous waste", "toxic substances" or "known to cause cancer or reproductive toxicity" (or words of similar import), petroleum products (including crude oil or any fraction thereof) or any chemical substance or material which is prohibited, limited or regulated under any federal, state or local law, ordinance, regulation, order, permit, license, decree, common law or treaty regulating, relating to or imposing liability or standards concerning materials or substances known or suspected to be toxic or hazardous to health and safety, the environment or natural resources ..

17.2 "Landlord's Interest" shall mean its fee interest in the Property and its interest in this Lease, or any part thereof.

17.3 "Possession Date" is agreed to be March 1, 2014.

17.4 "Rent" refers to the Monthly Rent and Additional Rent and any other amounts due the Landlord under this Lease unless the context clearly manifests a different intent.

GENERAL PROVISIONS

18. l ~- All notices and other communications hereunder shall be in writing, shall be sent by first class registered or certified United States mail, postage prepaid, and shall be deemed to have been given two (2) days after the day of mailing, addressed: (a) if to Landlord: 5775 Carpinteria Ave, Carpinteria, CA 93013, Attn: City Manager or at such other addresses as Landlord shall have fumished to Tenant; and (b) if to Tenant: _, Carpinteria, CA __ , Attn:
------~ or at such other addresses as Tenant shall have furnished Landlord in writing.

18.2 Successors. All of the rights and obligations of the Parties under this Lease shall bind and inure to the benefit of the respective heirs, personal representatives, successors, grantees and assigns of the Parties and the restrictions, covenants and obligations pertaining to the Premises shall run with the land and shall continue until this Lease is terminated or expires.

18.3 Mediation and Arbitration.

18.3. l Mediation. Except as otherwise provided herein, any controversy, claim, or dispute arising out of or related to this Lease or the interpretation, performance, or alleged breach 16 of this Lease (a "Dispute") shall be resolved according to the procedures set forth in this paragraph, which shall constitute the sole dispute resolution mechanism under this Lease. [n the event that the Parties are unable to resolve any Dispute after meeting and attempting in good faith to reach a negotiated resolution, such Dispute(s) shall first be mediated by a retired judge or justice of a court or by a trained and qualified mediator mutually agreeable to the Parties. If the Parties are unable to agree upon a mediator, either party may apply to a !icensed mediation service for the appointment of a mediator from a panel of retired judges or justices or other trained and qualified mediators. Upon the appointment of a mediator, the Parties thereafter shall submit their Dispute to mediation and engage in the mediation process fully and in good faith.

J 8.3.2 Arbitration. Except as otherwise provided herein, if the Parties are unable to resolve one or more Dispute(s) by mediation, then either Party may initiate arbitration of such Dispute(s). The arbitration shall be initiated and conducted according to the Commercial Arbitration Rules of a reputable and qualified arbitration service, including rules that allow an Appeal (the "Arbitration Rules"). The arbitration shall he conducted at a mutually agreeable location before a single neutral arbitrator appointed in accordance with the Arbitration Rules, except that the Parties shall be entitled to undertake discovery in the arbitration in accordance with the statutory provisions and rules applicable, as of the date of the first Arbitration Notice, to discovery in civil actions before a Court with jurisdiction over the Parties and the subject matter. The arbitrator shall have the authority to hear and rule upon all discovery motions and, in connection therewith, to award sanctions as appropriate in accordance with the then-prevailing law. Any appeal shall be heard and decided by a panel of three neutral arbitrators. The neutral arbitrator and the members of any Appeal Panel shall be retired judges or justices of any state or federal court. In all their substantive (as opposed to 'procedural o, discovery-related) rulings, the arbitrator and Appeal Panel shall apply the law specified in the choice of!aw provision of this Agreement. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, ,f applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction.

18.3.3 Exclusions from Mediation and Arbitration. The following matters are excluded from mediation and arbitration hereunder: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action, (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter thar is within the jurisdiction of a probate, small claims, or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions.

18.4 Attorney's Fees. In any action for any relief, declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder (collectively, an "Action"), each party shall bear its own attorney's fees.
17 OJ5444\CS7S\110165'I t. t4 035444\0878\! 1016511.J4
I 8.5 Integration. This Lease, and the exhibits attached hereto, constitute the en lire agreement between and final expression of the parties, and there are no agreements or representations between the parties except as expressed herein or therein. All prior negotiations and agreements between Landlord and Tenant with respect to the subject matter hereof are superseded by this Lease. Except as otherwise provided herein, no subsequent change or addition to this Lease shall be binding unless in writing and signed by the parties hereto.

18.6 No Waiver By Landlord. To the extent permitted by applicable law, no failure by Landlord to insist upon the strict performance of any term hereof or to exercise any right, power or remedy consequent upon a default under this Lease, and no acceptance of Rent during the continuance of any such default, shall constitute a waiver of any such default or of any such term. No waiver of any default shall affect or a!ter this Lease, which shall continue in full force and effect. or the rights of Landlord wich respect to any other then existing or subsequent default.

I 8. 7 Amendment. This Lease can be modified, supplemented, amended or rescinded only by a writing expressly referring to this Lease and signed by Landlord and Tenant.

18.8 Severability; Consent. If any term of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such term shall not be affected thereby. This Lease shall be binding upon and inure to the benefit of and be enforceable by the respective successors of the parties hereto. The headings in this Lease are for purposes of reference only and shall not limit or define the meaning hereof This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which shal! together constitute one and the same instrument.

18.9 Warranty Against Payment of Consideration. Tenant warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Lease.

18.10 Non-liability of Landlord Officials and Employees; Non-linbility of Members. No member. official or employee of Landlord shall be personally liable to Tenant, or any successor in interest, in the event of any tie fault or breach by Landlord or for any amount which may become due to Tenant or its successor or on any obligations under the terms of this Lease.

18.11 Remedies Cumulative. The various rights, options, elections and remedies of Landlord contained in this Lease shall be cumulative and no one of them shall be construed as exclusive of any other, or of any right, priority or remedy allowed or provided for by law and not expressly waived in this Lease.

18.12 Time of the Essence. Time is of the essence as to this Lease and all of the terms, provisions, covenants and conditions hereof.

18.13 Controlling and Venue Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving

18.14 18.15

18.16 18.17

18.20 any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Santa Barbara County, California.

Covenants. Whenever in this Lease any words of obligation or duty are used in connection with either party, such words shall have the same force and effect as though framed in the form of express covenants on the part of the party obligated.

Joint and Several Liability. In the event either party hereto now or hereafter shall consist of more than one person, firm or corporation, then and in such event all such persons, firms or corporations shall be jointly and severally liable as parties hereunder.

Recitals. The Recitals are true and correct as of the date hereof and are incorporated into the terms and conditions of this Lease.

Attachments. All attachments and exhibits referred to in this Lease are attached to and incorporated herein by reference.

Signatures. The individuals executing this Lease represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this Lease on behalf of the respective legal entities of Landlord and Tenant.

IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of the dates written below.

Landlord:

Tenant:

INTERIA, a California Municipal
By: JC \ I A==' \ I
Its: ess; / ,w_l_
UPPO's GARDEN, LLC, a California Limited Liability
Corporation
By: ,<...-+ /h~AnA~' ✓--
itla:;;;;;;:;7 &~~!
APPROVED AS TO FORM:

City of Carpinteria
18 19
035444\0!78\l !016511.14
035444 \0878\J 101651 U4
~
D'1 be~ q- Pek( &DUYJ Exhibit "A"

PROPERTY
Attachments: Exhibit A: Property
Exhibit B: Original Lease and Assignment and Assumption Agreement Exhibit C: Premises
20 03S4-14-.08i3\l 1016511.14
0354441lJK7K\: IOl65 I 1.14
Ground ...... UPflO 'aGarden
lllropeftJ lbll8llt ....

APN OIM-108-21
0)54-4-4\0878\11016511.14
1\SSIGNMf.'.NT J\NU ASSUMPTION ACtu:mvtRNT
FOR VALUE RECEIVED, UNION l'ACIFIC RAILROAD COMPANY, a
Delaware corporation ("Assignor"), acting by nod lhrough its duly authorized officers, hns ASSIGNED AND TRANSFERRED. and by these presents does ASSIGN AND TRANSFER unto CITY OF CARPINTERIA, a municipal corporation of the Stale of California ("Assignee"}. aH of Assignor's right. title and interest in and to the lease agreement (the "Lease") 10 the extent the Lease effects the real property described in Exbibil A (the "Property"), whick Lease, :J.J1d all amendments thereto, if any, is described in Exhibit B, together with· ull security deposits and other deposits held by Assignor under the terms of said Lease.

TO HA VE AND TO HOLD the Lease U1110 Assignee, its successors and assigns.

This Assignment i$ made and accepted without recourse against Assignor as lo the perfonnance by any party under !UCh L .....

Assignee agrees to (a) perform all of the obligntions of Assignor pursuant to the Lease as it relates to the Property accruing on and after the date hereof, and (b) indemnify and hold Assignor harmless from and against any and all claims. causes of actions nnd expenses {including reasonable atromcy's fees) incurred by Assignor and arising out of (I) Assignee's fniJurc to comply with terms ot'the Lease as it relates to the Property on nml after the date hereof. or (2) oloims under the Lcue u ii n,lal,:s to the Property by the lessee named in the Lease accruing on and after the date hereof.

All ~hibiu attached to this Ag,ument are mcorpon,led herein for all purpose.,.

This Assignmcffl and Assumption wm inure to and be binding upon the parties, their SUCces50t'S and assigns:

Daled the~ day of December, 2013.

UNION PACIFIC RAILROAD COMPANY,
a De!aw■re corporation
ASS!GNM~;NT AND .-\SSI/MPT!ON AGIU,:EMENT
FOR VAI.UF. RECEIVED, UNION PAClflC RAH,HOAD COMPANY, a Delaware corporation (''Assign<,r")~ acting· by aud through its: duly authorized officers, has A~SIGNED AND 'iltANSFERRED, and by these presents does ASSIGN AND TRANSFER unto CtTY OF CAltPlNTF,RIA, a municipal corporation uf rhc State cf California l" Assignee"). all of Assignor's right, tide and inccrest in and to the lease agreement (rhe "Lease") tn the exteiu tbc l.casc affects the real property described in F..xhibit A (the .. Property"), which l.casc, and all amendments thereto, if any, is described i11 Exhibit B, together with ail security deposits and other deposits hdd by Assignor under the terms uf said l.cosc.

TO HAVE AND TO HOLD the Lease unto Assignee, its successors and assigns.

This Assignment is made and accepted without recourse against Assignor as to the performance by any party under such Lease.

Assignee agrees to (a) perform alt of lhc obligations of :\ssignor ~lursunnt to the Lease ~1s it relates to the l'ropcrty occ ruin g on and urtcr the dntc hcrcu1: ;md (b} intleurnil)' ancl hold !\ssign\Jr harmk .. -ss from ;rnd against any and all claims. cmr.-es or ac1ions and 1-::<pcnscs (inctudin~ rca'klnablc .ittomcy·s tt:cs) incurred hy /\ssignor .ind nris1ng nut of (I) 1\ssignce's failure to comply ""ith terms or tl1¢ Lease~ it rch!lC.S to the Propcrty on and ttftcr Ihc Jatc ht.'t'ccf. or (2) claims under the Lease as it relates to 1hc Propcny hy Hie res~1.: m:i.m~d in the Lci1:sc accruing an and after the date: hereof.

All exhibits auached to t½is Agreemer..t are incorporated herein for an purposes. ·n,is As~igmnent and Assumption will inure to and be binding upon the parties, their .~uccessors nnd .:!.ssigns.

Dated the ...!..2.£!'!.. da)• of Deccmb~r. 2011.

UNION PACIFIC RAILROAD COMPANY,
a Delaw3rt corporation
By: _
Name: _
Title: _

CITY OF CARPINTERIA,
a California mu,nlcipal7/.r:ttlnn
~~elfJ/1~12-- Title: ~h/ ffiGIO~.~I-_ -_-_:-_-_ -_ -_-_ -_-_ - I . .-,, r\ ..

By: '-~· 1_ ) ._,.!A- ..

Name:_(._Jc;,,c:,:s ' \ (:rubh..

Tille: Gener.:?! Dirr?r.tnr~f~:--.1! r:.:.r.:.:.:;, __

CITY OF CARPINTERIA,
a California munitipal corporation
By: __ , _
Name ----· _ . ·- __
Title:
---·--·-
ATTEST: A·rn:s-r,
.wl.J.d...L6®M
~Clerk
City Clerk
•••,_,,..,, <:·•<_._,,,..,,-.,,.-:,,,.,.,.,-_..,. ,,>,•,,·.,,r, .. ,,, "lo·\)0•''1'•• ... ""'••:t•h',>""··' eV.., -r,otll< r••......,i ....., .,,.,.. i..i..,.,. lla'olw J"Utp/ Oloi:l .ci1y~_l'R7',<l,l, ,~,.,. Ol .t-l"Pl ioc> ...., do,.., 03S:144\0S78\l J0\651 l.14
035444\087S\l 1016SI 1.14
escrow No.: !:!- 77,50SS2B J.;."1
\.::tc,1t:i N:>.; C,,CT!77-l1:·/1"U•4771::·IJ0'17605·i.!3 nue ~:o.; !.'.1·77605528-KJ
!j:.'ff.!!lff!:J}
EXHIBIT "A" U~ASE ASS1G~KD
Tii: LAND REFERRED TO HEREIN BELOW IS SITUATED m TiiE cm OS CARPINTERIA, COUrfTY OF SAITTA 6ARBAAA, STAT'= OF C',LIFORNJA AND JS DESCRIBED AS FOLLOWS:

PARCEL "A" AND PARCEL "C:' OF MAP NO. 25,192, IN THE CITY OF CAAPINTEP.IA, COUNTY OF SANTA BAR!3AAA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED !N BOOK 64 PAGES 40 THROUGH 41 OF PARCEL MAPS RECORDW IN THE OFFICE OF THE COUNTY RECORD Of SAID COUNTY.

Lease .-,f Property dated March I, 2G{M berwccu Unior, P;1c1f1,; Rr:.:;~:a1.d Company ut;.J UPPO s GJrdo:.·r., i ,f .C, idenlitled ru the records o! ,\:::s.i2.1:0f :!;t A\:dit !';,1. ~32075 APN: 004- 105·21 (portk>n)
€xhiblt Page· t.eg,ll~Cl<Nbit}(Da-07) ,., . ..,,_-, ,, .. .., .. ,..,,.~- ... ,-,~-,, ... ·' 035444\0878\1101651 U4
0J5444i0878\ 11016511 14
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1\Ui)IT "~;g_'J.?~.

IN WIT~ESS Wl!ERCOF. 1hc 11.ut;C.<. h;1vc cxecurert 1h,-. L~·.r.;:::: 11s 1.•f ;h~ (by ano yr;,, C1rs:
!:c1'.!ir:wrif1cu
t'clder: 02202-9'1

LEASE OF PROPERTY
THIS LEASF, (''l.1.!0:;c·') i.-. entered into uu the _J_ day of ~ 20~ between UNION PAC!flC IL\ll.ROAO <:OJtTflANY ('"LCS$or") and UPPO'S GAR.DEN, U.C," Califomi::: limited liability corpor-aicn, wnosc ::.Ji.lrcss is 1010 Anceapa St, Senta Barbara. California 93 !01 ("Lessci:"}.

UNJOi"I !'ACiFtC R,\lLROAO COi\lPAi";Y
_,,[J/.'/J/.:()/t /./(} 11y:C'i..f1.L~ .,(, .,<.,fl"{:.(~::.,, .. V Dirc cror . !{,.:;11 E~a!~ li!•t•O'S GARO.HI, LLC
ur_:::'.ir.: la11:.i
o
<>,!el,d A,~
~
~-
Titlc:~,.,~--
NOTE·
lT JS AGRE:ED BETWEEN THE PARTIES AS ~-OLLOWS,
ArticleL PR.!:MJS~S; USE.

Lesser leases i.,, l,,.:..-.;;~ ;1ml Lessee teases fru111 Lessor 1h1.; premises (''l'rcruis:.:s"} i\i Carpinteria.

Californi:i, ns shu,\11 on the print ll:Ucd June 6, 2002, inarki:d Exhibit'':\", hereto .,tta,;hcd and made a part hcr~of. sul,}.'\:l to the provisions or' this Lease anJ of Exhibit 8 ;111:ichi..'-d hcr..:t.> and medc a pan hereof The Prem Iscs m;1y be 1u::d for Pmking und lx::1111ifica1io11 purposes aml for n<i Olhi:r purpose.

Artidefi.

A. The term of this Lease shaU commence on
~
~ l, 2004. end untcss sooner terminated
as provided in this. Lease, shal! extend fm one year; end thereafter, sho.ll automatically be extended from TJo:R:'1.. trl'-·
year tc yenr.
,\rtlcle II!. RE:IT
A, Lessee shall pay to Lesser, in advance, rent of One Hundred Dollars ($100.00} per month. The ,~t shall be incr:.lS:cd by Thr.:e Pcrzcnt 0%) :mnually, cumul:itive ,:md compounded.

8. Not more than onci: every or,c (l} year, Lessor may redefi;:rmine the rent. In the event th:it Lessor docs .n:dcicrrninc th,; m1t, Lessor shat! notify U:ssel'.: of sueh change.

Article JV. SPECIAL PROVISION - FENCE/JlARRICADE
Lessee, :r.t Lew:-:'s ~ot~ cost a.-id c:-.p<:nse, shall cons.true! and maintain, at all times during the term of this L-:l!se. :1 fence/barric.:tde of a des.ign s:1:isfactory to Lt:$so r, in the !oca1ion shown on th::
&Ctached Ex.hibil A.
0J5444\0&7&\l!0l6S I 1.14
0:3S444\0&78\l !0l65 I l .l4
/NDLS il/15199
APPRO\/EO. LAW
lNQ LS ; 1/151S 9

APPAOVEO, LAW
EXHIS/T 6
secnon 1.

Section 2.

IMPROVEMENT S.
t.:, I( w1y i;,:p,,;,-c111,:•111 Ql1 th~ /•11::,w:..:t. nc,t b<:'1::19ir~1, t•J t.cssor is. fl<lffiatjcd c~ de.s!!oyed oy fire or 0~1~, ecsuany. vcssco ·;h;r/, ,•;1!1:::1 :i~1ll'f PO) I.Juys :,l1Qr :.lli:h C<'l!:11:1:iy, rerrcvc all detris resulting ihere!fv111. 1r Lessee fad~ :o do so, l.e-.;:;:.ir ;11.:iy nmtO\'l.: .'.i::i:h uf;tlr:~. and Lessee oaees lo reimburse Lesso:
tor all u)..1tms~,;. tti,:u, r,!,! •:.-:!hil1 lh!li}' {~J) c!:1·,:; aacr r<!f'l•liti;J11 ,;; l,,:-::::m':; iill.

No improvements placed upon !he Preml!:es by Lessee shall become a pan of the realty.

RESERVATIONS ANO PRIOR RIGHTS.
o. Less ea sriell ccrTQ 1y wilh <11! govem:nental laws . o;dL1anc es. rules, resutatlo~s and croers relating 10 Lessee's use at il'le Premises.

Section 7 HAZARDOUS MATERIALS. SU9STA~(:'.~Q~fil~
A Lessor reserves to itsalf, ib egents arid contractor.., the right to enter the Premises 2t such nm es as w!U net unreasonably lntertere with Lessee's use: of the Premises,

8. tcsscr roscr,; cs (i) Ute exclusive 1:«Jl1I to ,,.!mul lhitd paay piocem em oi <kiv,rtis•10 :.~ins 011 :he Pmulise::.. and Iii) lhe right 10 1»n~lt\1c1, nl."litll~~1 :::ind operate 11i.'\'.' anl.l cxisHnn faciil'CS llnciudtnn. w11hou1 fimitalion, lr.!ci.,iyt:, fenc es. comr:umication r:icililms. roa <lways ~;nd u!i~li~} upon. over, across or under lhc Premi.'ic--.s, ,:ind :oar.ml toolhP.<S sm:h ri(lhls, f.l(O\it!ed lhal Les:.e11-·i;; use of U\O Prcm~cs c not inteilorccl '.',i!i1 IJlltS::!SOO ::?tlfy.

C. This Leese Is made sub-jact !O aU c,,,;tstan din; rights, whether or not of reco rd. Lessor reserves the rig:hl to rt:new such outstand"r?g r!9hts.

Section 3. PAYM=NTOFRCN"T,
Rct11 (which Ir.elude:; the ar.noal rer.tand an other amounts 10 be paid by Leuoe uncer ltl!s Le2se) sha~ be paid in lawful money of :he United States of Ame rica, at sueh place as shall be designated by the Le;;sor, and wi!hout offsel or Ck?ductlon,
Section 4, TAXES ANO ASSESSMENTS.

A. Lessee shan pay. prior to delinquency, all taxes levie6 during the life of thfs Lease on ~n pe.-sonal p;cparty c:t11d irnpm•,erft!?nls on the Premises not be!onging to Less or. If sudi laxo s are paid by Lessc..-. e!iher separately Of a:. a pnrt ol !he lcV'f on Lesso(':: re.;I prope!'t'f, Lessee shall reimburse Lessor in fuU wilhin t."llrty P,0) day:.: ofter tent1ition of Lessor's bUI. a. H u,e Prem ises are specially asse,sed for public Improvements, the annual rent will be autorr;alicaHy increased by 12% er the foil esstl3sn,ent amount.

Sec!lon;,
This Lease doos not inclu de any righ: to the U!o of water under any water right of Lessor, or to eslab!i.sh any water right.. except in the nam e of L-assor.

Section 6.

WATER RIGHTS.

CAR E ANO USE OF PREM!SE_S.

A. Lessee silo.II use r~asor.ablz care: and caution agn:nst dt11n;.i~ or dest111C!iu11 10 the Premises. lessee st1aH not u:m or permi l the use of lhe Premises for on'/ unlawru1 1mrpo,.;c:, m.-:iioWin any nuisance. p~f any waste. or use the Premises in :my way thOt crealo:; <> hazard 10 pf!fson~ or propcn:-;.

Lessee shali kcop !he Premise; in a safe. neat, clean and prescmabl,1 cof\dition, 3':<l in gocd ccndilion ~nd repair. Lessee sMn )(.eep the s!CewalJr.s and publtc ways on lhe Prem ises. and the w.Jlkways appurtenant co any railroad sµur tratk(s) on or sc:r.-ir,g the Premises. free and dear from any substance whlcti mlghl create a h.?zard on<f all w;,lec flow st:all tie directed away from the :racks of the Lessor. 8, lessee stiail r.o: permit any sign on !tie Prem ises, except signs reiatiflg to Lesaee's business.

A. Wilhollr the prier wri!icn l'.Of'lsl?ni <Ji l.r::;::or, !.~r.;;i.:,: :,l?illl ,iot 11c..: o: p~1rni1 lfu~ use \,1 t!lu P,ern3es for tile generation. o:;t!, \teairr.er.l. manufar:u.:rc, pmauc:ion. stomg!! or ux...,-ci:tkJ ol ::my Ha:!arooL"; Stihst.1nccs. except :nut Lessee may use (i) sm.,u tr,1.:,,n111ies of ccm1:ion c1~cmic:.i l:; su.-:t\ a:; sjtJl1C$i,..1::;, !utmean1s and cleaning fluids L1 order to c:cnlluct business :JI <Ile Prcrntse:; ;,mcJ (li) olher Ha~~1,dou:; Substa~c;c-s, other Than hazarQou::. wastes as tlcflncd hl 01c Rc~omco Ccnst1\'::Jt10n &)O Recov~ry /\ci .. :2 u.s.c. §§ 6901, ~~ .• as arnen;:icd CRCRA·). lMI are nc.:,'!.ssaty for :n:! ~c..-n!uc:t 0: L~:.ee·s bu:;lnc:.s <>! inc Premises as specified in Attlcle I. The consent of Lussot may bo withheld Dy Les~r for ,my rr.ason whatscever, and rrr.iy be subjet;t I? contli!ions in ~dilion !O :hose sel !Clf'i.h t.>clow. It shall be lhe :;o!-::
responsibility o! Lr.$s~e to d,~tennine whelhP.r or itOI o ~-cm:•.-mp1;:i1c..i t:so of l~c Prcmh;es ,,; i.! Ha:~-amcus Suost<1ncc use.
3, Jn rio e.,.en1 shall les:see (i) ,~ease, disch:::~gc Q: (l'.s;:im:o of .:i1y Ho.za.doos Substances. (ii) brino ;iny hazurdous wastes as defined in RCRA 0n1c !he Prenuses. (ti) il'l!:IJfl or use on the Premises any imdcrgrour1d storage tanks. er (lv) s!o:e MY Haz3rdou:; Svbsti.11:c.cs \·/llhlf'I c,1:1! hundred fset (100'} ol the center fi;;e of nny r,-min track
c. It Lessee u:.esor p~rmits th~ use afthc Pri!mises for ;i l·b?rird0t;-s; Subs!ancuv~c. wnh or v,il.hout Lsss0<'s consenl, Lesaiee shalt tumish to Lessor c,:,p:!."':l cl all pem1i1s. iden;itication n.imtic,:• ;_mtI r,clicas isi;:i;ed by 9ovemm~n:al .:g9no11s in connection \'Jilh such 1iaz:1rdou::. ScUs:-sncc 1;sc. !O<Jt.!:/":C:r w•tn such lllher informalion on the Haz ardous. SubSfcJnce uc,c a:. moy ~ requcst.W tiy l.:.-ssoc. If raquesh'.!d by L!!sSur, Lessee sholll Ccluse !ob~ pcrlormea tln ew,ircnmcnt::il assessmc nr or 1/\e Prnmises upon :c-ITT11n::i!IQO o! ~he L\!ssc and sha!I furnish Les~or a copy ct ~1:th rcpo11, :?t Lessao·s sole cost and exp:mso. o. Wi:houl liinik'1tion of 1hc p,0-..1:;!on!. of $r]c;ion 11 t;f !hh. Exhlb1I 8, le. .. see :;nail bi.:
1•?sj'loi1:.~llr: fo; .ill dainiitJCS, ;osscs. c<.1s1s. expens~:;, Claims. Jines ~ml pr,n;iitics •cla:ed lf1 uny 111;!.111Cr itJ .:iiv Hua;vd011:;. S1Jb!.tm:cc us~ ()[!he PH .. "fl'.i:.cs {01 ;,;rr; wopeny in proximity la U1c Prcmll!.CS ) during U1e l!!nn pf it:1s Lc-nse. (If, it 1onger. ciuong L!:SM!i!'s oct..'lJ/;;.u1cy Of the Prerruxt., rl!!Jard~ss of l(:SS(l(s co11sen1 ;u suc;n use, or ,my mg!.gence. rni:u·.onducl o; sl1ic: ~ab;lity ,;f any !ndr:niuif!W Pa:ly (as lfefo:c:J In SecSon 12). ;;md 111c11111,n9, i·mhout limitntiun, {i) ~.,, Jiniinut:on 111 the vak:c o! lhc P;crrnst:S rimUc: uny a.Jjucm:: prope11y cl .tny Ill me. l11dcmuir1e(l P;ir{it:f., :au! (;i) !he cost :1'Jd Cl.:pcns!': of ci~.in•UP, rc:;:cr~tlnn, con:.iimncnt. 1:1:11c:.'iafo11, oci;on1t1nt1na1!on. ,er:"'1\•;;1. 11w~stio,,tion, monilolini), Clo..'l!rc or po5l•c:Osute. NOlwith.-~1anc11n9 il;e IOl<!g0(1'l9, Li::0$0C ;;hall not h<, f8$pof\:; 1blc for Ha~mdous. Subsl.iaccs (i) ex!sliny on. UI o:- Wit!t!f lht! !'r~n1iscs µrior 10 !he 1.!<lflier 10 occur ol 11:e cornmoncernent of tho icrm uf tr.c Lcaso or lt:.s scc'!. 1:1;i;in9 occupancy of lr:e Ptimiise:., or (ii) migrnl!J19 ltom :11ijac!."nl propct.y no! o-mtml!ed by Lcs..-.cc. or (i:i) pl"c(:d on, ,n o, .. mdC! the ?remiscs by any 01 the l1tdcmn1f1ed Par'Ues: except wMm lh~ Haz.){dOo.$ Sub:;.vm.::t: 1::
,Hscove;cd by, or me co:i1amloatlon is e:xoc1:rllaK-d !Jy • .1:-iy excav~:ior, a, in11cs11::F\l!On 11111lcrtaii:!::n b;· u; cl the benest oi Lessee. Lossee st,all havr: lhc !iurcen of provir.g b'/ o p1cp,o:w!m31,ce o! tJ1e :vi1leol!!: tl:a! :u1; exce;,tio:is of !he foregoing 10 Lessee's r11spo11siblfity for 1-1 .iwrdousSl:bstanccs .:µplies. :. In ...Cdi:ion to lhe oti"i!!r rights and remc<11i:s of L~s!:O< w1:lcr U1h; Lt:..1se oraj inay I.le pro·,i~t.'t! /Jy law, if Lessor rg-a sOfla bly d'ct!:m1U'ie.s lh;l! lhc Premises may h:iwi llocn 1.t~c.-cl c.Jurioq lh:, t•.2rm "' tn..'<- L,:•<.•:••::
o: any v:ior lease witll Les!.~~ tor all or ;my pu:lio!1 of the Pren1i:;\!S, or Oft'.." t>C!:Og u~.I lo• any H:ir.aodu:1s SubSlilllCC u-.;e, with or ·.•,i:11ou1 La:s:;or':-; !:<..•nsr:nl l!1en~!o. ;:11.<1 U1nl n ,ar.:1:-.t:: o; Ollle< conl;i.n.inafon m:,y h.:i•,cocc urrcd, Lessor may, ~11 its ~h!CIIO!\ <lnd ~t :111y time 1!1,;1:ng 11::.: li/c t.?f this Leaso or t:'!!rl!a{:er (IJ c.iwH! :he r':,ge 2c1s
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APFROVEO. U.W
Pr1..'fti::;c,,;. ,,nd/or an}' adj.;,i."11 premises cf t.cscc- :o be lested. :r.ves~g.itcd, or mcni!ored for Vie p,cst:ncc o! .in~· Hazardous Sul>s!u..:e. [ti) cause cl'i)' Hazardous -St.,!>sL1nce to be removed from !hP. Premises 3nd ,my .:idiaccn: 11.l'OCS of Lessor. (ii) eccse ta be performed any reaoraacn of 1.he Premises and any ad1acent land~ of Lesser. 3nd (iv) cause lo be pilrlonr.ed any rcrnedm1icn o!, or response to, !he cn'lironmr.nta1 f,X)ll<.lliion of me Pmrr.sse:. ;;nd 1!1<! roj;;.cen: land!. of t.esscr. as l3'1d!ord reasonably may deem necessary or oeslracte, 3 ;i~ me cost and expeose thereof st-.all bo reimbursed by Lessee to Lessor within thirry {30) cays at;er renoiticn of Lessor's Din. l:i addition, Lesser may, al its electlcn, require Lessee. at Lessee's sole cost and expense, to perform suca work, in which event. Lessee shall prcmpUy commence to perrcrmenc thereafter (li1igently prosecute to comp1e!!Cn stJCh work. using one or more contractors and a supervising 1X1r.sufli:-,g engineer approved in advance :l'J Lessor.

F. For purposes o! th$ Section 7, t.7'.? term ·ttazardous Sll~slancc" s11.?!\ muan (i) utcsc substances Included wMi, 11'\e definitions~ "haz.araov~ auostcoce". ~pol:\.l!ant·, "contammeor'. or i,a-onJous waste". in :ne Co(nprehensive E.nvkonment::il Response, Compeni.ation an::I Liablhty Act of 19!:!0. 42 U.S.C. §§ 9o01. £! ~-. as amended oc :n RCRA. lhc re;JVl.=.ikins promulgaled pursuant to either such Act, or state raws and regulations ~imliar to or µrornu 1gated pursuam :o either such Act. (ii) ~my material. wasre er suosrarcc which is {A) petrolevm. (B) asbestos. {C) tlamrr.able or expioslve. or (O} radioaciive; and (lli) such cme- substances. maierials 3nd waste:; whiCl"I arc or become regulaled or classified ?s hazardous o, toxte urlder federal. sU!le or lcca! law.

Section a.
"·
~~-
l~S'ie': w~I arrangs :mo poy for all uUlities an:3 services suppHed to tne Premises or :o Lcsgee.

B. All uf.llities anCI servl~s wi!I tic .separately rr.etored lo Lcs:iee. If not separately metered, Lessee snai! poy its propcn:Cnate share as reSOti a!1 1y delermined by Lessor.

Sectiort9. ~-
Lessee sha!I no! allow any lf~s to attach to the Premises fof any sen.ices, !:!bor er ma!erials fum~he(110 the Premises orcthe:wisc a.ising from Lessee's vsc of the Premls~. Lessor shall have tn~ right to dis.charge any such l~ns at Lessee's e,:p~nse:.

Section 10. AL iER.ATIONS AND IMPROVEMENTS: CLEARANCES.

A. No at!.t.?r;;;tion:., 1mJUO'ICfllef'IIS or ~ISln.1.llions n'lat be m.1do oo the Premise:i wi~t the prtor eo,'\Sen! of b::,:;.or. Suen ::oos1:nt. il g:<.>en, sr.311 cu subjec! lo lt\8 ncf?as and cequirom.:nts crlhe Lesso: m ,he op-eroiion ot its Aa,k'oad and 10 such (IU,t:r CQ.7dilions us Les,or d\lt~rmir.es 10 i,r:poso. ln all evenls suen eon.sen: 1;h3:I ~e condi!:or1ed upon str.c::t COf'lfOl'rnance vl1th all :app~cablc governmental reo:i,u!remen!s ano Lo.?s;;or's then-current clearance slarrd3rds.
a. A!I au~ra:io;,.s, irnprovemen!s or ir.sle!lations she!! be al lessee's sole cost and expense.

C. Lessee shall comply witl'l Lessor's lhen-c1..'rrent clcaranc2- standards. except (i)where to do s:o would cause Lessee :o violat!I 3n app!~ble goYemmer.!.al raqvircmenl. or (H) for any Jrr.provemen: ':lr ac•iicc in place prior to Lessee laking possession of the Premises if such i.'Ttprovement or oevlco complied wi!!i LJ?ssor's clear.JnCc sla:ldarc!s a! tM: lime of its inslal!ation. o. Any ~~tual or ~nplied knowledge ot Lessor of a 'rolation or !he clearance requiiemeo!S cf t."lis Lease or o! aiiy govemmental requirements Sl'iilll no1 relieve Lt!ssee of the o~Uc;ation to comply wllh Such reqt.:irnments, nor shali any consent of lo~:ior be deemed to be a represe~talion Qf sucn compliance.

IND LS 11/1519'9
APPROVED, I.AW
Section 11. ~-
Lessee accepts the Prf.f!nises In i!1> present conckion wit:, .in lau!ts, wrether paten! or latent, and witheul warran:tes or coveMnls, axpress or lmP:lied. Lessee acknowledges that Lessor shat! have no duty to maintain. repair or i1T1Pr0\lei lhe Premises.

Sectioo f2. RELEASE AND INDEMNITY.

A. As a material parl of lho co11'.,ldeco!M1 ior ll1i:;, Lt:asti. Lc!;Si!C, 10 ll1~ extent 11 m.1y Jawfu:Jy do :;o, wai-JO.S and reiaases any and 'OJ! ciuin~ aga~1:;1 t.-cssr-..- f0<. :md ;1Qtccs to ir.dc,n11ily, dclcn:1 ;:ind hotd :,;:irmi oas Lessor, its affilfa10s, and its .::imJ 1hcir omc~rs. ;1u;:nts :mo c:mp/01c:e;, nnoerr111rfie<1 Parties~) rrom and against. 3ny tos::, damoge (:'1:cludi1:9, -.·trlh,)Ut limitation, ,nmitive ur con:.cr:uantial damages>. injury, n;1biliry, claim, demand, cost or exp~11.:m (in.-::l1it.lln9, without I:tni~Iion. atlomcys' f::c:. :md co1.1r1 c.o5ls), tine or pen~lt'j (col!eciiveJy, -Loss•j incuired I>"/ any pt!rson (including, wili1ou1 llmilatio.,, Lessor, Lezco, or a::y employe3 of Lessor or lessee} and orising from or rclnled to (i) .i,oy use of !he Promise, by Lossco or ,my Invitee or hc.e;'tS~e of Lessee. (~) .my act 01' omission of Lm.:;ec. its omcers. -<l(JCl\ts, tinl)loyecs, lic.ensei:s c;r invitees, or (Iii) any broach otth[s Le;ise t,y l.essuc. o. The foregoing releas~ ;11K.1 inc!comil)' shull apply regardless of ;;my nc:g!i!,ence. misconduct er slri;t llabHity of any k'ldemn i:'ied Party, C.'<CCpl Uml !ho ind~rn;)lly, only. :;hn!I 110l appty IO .my LOSS caused by !he sole. active ond direct 1\~ligcnco of any lmlem,1ilied P~ty If the Loss {i) was no! occaskmed Dy lire o: alnet" e3sualry, or {li) was not occasioocd' by water, inclmJing, wi'Jiout limltalicn, ·"atct damage <!ue lo the position, 1oca1ion, consL"\lcllon or condition of any sI1uctures o. othor lmprovemcn:s or (acililies of any lnderr~'lified Part'/.
c. Where applicable to the Loss, the liabnity 9rovislons of any contract be~en Lessor and Lessee covering ll'ls cani age of shl?ments or lrackege serv\ng the Premises shall sovem lhe LO$$ and shall supeN,edtt ~e µrevisions of this Section f2.
o. No provision of !his Lease with rcsp~I to insurance shell nmtt !he e.-:tenl Qf 11Je release and in<fefl'll'\Ny ;,rov~ior.s of tt,is Section 12.

Section 13. TE:RMINATION.

A Lessor rnay lem\in.iIe Ihi:; Lea!ic b)• gr;ir.g L.?-$SOO n:>1ice of lcrminatLOn. II L cssee (i) '..:iits lO ooy re.11 within fifteen (15) days alter the due ~10. or (ii) Jd~mlts under :my 01hcr oL,tjg:Jlion of L.e::sco unocr th\$ LeilSe and, a.'!er written no!lce Is givr.n b1/ l.es:.or !o L~ssec :;pcdfyinn the der;rul!. Lcs:;en f.sits. r.llhur to immed:.JlCly cOOM11enee to cure the deau!l. or lo uKn~lelt! !Im (..1i10 c:i:pcdiliou:i!y but in ;;,,I! evonIs witoio U1i, ty (30} d3yS nfler Iha def::iull notice Is given.
a. NotwiU1sl,1ntling ll'IC' term of this L.:WS.i: :.el f011J'1 In At:iclo 11.I.eS!tt:r °' Lessee rnay 1orn-.ioa:I! this Le~se w!lhout c;lUSC upon 1hitty (30) da'fS' noI,ce lo Iha olhcr pa,ty: provided, how<!vcr, lhal 31 Lessor's olection. no such tcrmlnation by Losseo shall be sffeclivo unless and unrn l.essco hns v;}C;l!C<.J and res\Ofed !he Premises. asreqoifc.d :n Section 1:'°IA}, atwi"J!ch lime: L..:.•s!>ar ::11aU refund ti} Le.ssca,on u pror.":;i.a basis. any unearned rental paid in advonc:::.

Section i4, LESSOR'S REMEDIES.

Lessor's remedies for Lessoe':; cJcfadt are to (a) ooter and lake µvs:.cssion of tho Ptcmises. wiUlO'JI 1crm:na1ing this Lease. and re/el lhe Pr~misc:;. o;1 hchnlf of Lc:.sco, collect ~nd recei'ro lho rent irom rolelling, ,md charge Lessae: for lho cost of reletting. an&or (LIJ re,minat~ U1is Lt!asn es P<ovidcd l:n Section 13 A) :-tbnvA ;ina sue L~see M>C damages, aod/or (c) eirorcl:so such 01hr..-r t(!medics as Lessor rnay have al taw QI' ~11X1uily.

Lessor may enter and take possessicn uf lhc Pfcmlses by self-help. by r-.han9in!J !Qcki-. if neccs:::ar1• <1111.J may toek. out LGS-See. all without beinu liable for ctoo,agc~.

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APPROVED. LAW
Section 15. VA.C,\l10N OF PREt.:ises: R!::MOV/.J.. OF LESSEE'S PROPERn'.

A, Upon lerminat:00 newsoeve al th1:; li.?i!S!!. Lessee ii) sh:ill l;:t•J>! p~~c-~.;h!y ;uuj •:11:,:l!y vacated 2nd surrendered possesstcn ct the Prcrnlsca 10 Lessor. •,•.ilhout lessor or:in1J iJl.1/ 11<11rcc to qui! 'J' demand for possession, am:! (ii) sh;;,U nave rnrnov..:J ftQ:'a U1c Pmmfac:,;. .111 s1ruc.111rt::.;. µrot}tl :'/ ::i,:,1 l"ltl1C!< fT\aterials not beJo:,ging to t.esscr. .100 rc:;torn:i L"le $m:::ic£l u/ U1c !Jro1:11d ;o .i:. goo;:!" c,J11~1i1ioo ti:; HI<! ",f\OII! was ~, oefore such sLl\.!cturos w1!rt! crecrcu. rnclud:t19, ~·:ill,o:.:! :l."n\l.::ian.11:t: rcmovar er f:'ll,1~1!.1tkms. :he :i11ifl\1 in of excaveecas anJ pits. end the rcmov:il 01 dabrr. and , ubt>ish, IND LS 11/15/99

APPROVEO, LAW
Sec!ion 20. ATTORNEY'S FEES.
tf elther party re!alns an attorney to enforce ltiJs Lease {Jneludir.g, witl\Cul Umitation. t!ic lnoemnity provisior.s cf !his Lease), !he prevailing par.'/ ls entitled to recover reascoabte attorney's fees.

SectiQ('; 21. ENT!REAGREEMENT,
Ttlls Lease is ttre ~1ire agreement beween the parties. and supersedes all othor oral or written agreeme:'lts nerween '.he parties periaining 10 this transaction. Except tcr tne un~atarai radetenn:n::,!:on cl onnu.:tl rent as provided !ll /l.rtic1c m,, thts tease may be amendee or;ty by e wrlrreo in:.trumen1 slgnc.1 Oy Lessor a!ld Lessee.
e. If Lessee l';as no! completea sucn remotJOJ ,;ind r.e::.to,~mun w1u,n, iJ:iHy \~0) d«ys ;iiu::
ierminafon of :his Lt?asC, L•~s;;or Illa'/, ut ils t:!•~clio!1, o!l\tl a! ;my Ihm: or limes. (i) pc1fonn tlm wo1X :11Jt1 Less~ s!la~ reVl'lburs(: Le:::.sor for lhe cosl 1hcseof•.·:,Uw1 lhrr:y (30) d::ys aJl,1r bdl is mndcrC(.', {ii) wke 11t1!;• to all or any po:tJ.on oi such strue1ures or propctt>/ by !Jivft:g notice oi .sue.ti election Lo Lesst~. ~•!fer (i!1) 11~.tl Lessee as a llotoovt.."f' tenant .:!I wiU un1il such romovs:I ant! res:orailon is r.omp/oted, Section 16. FIBSR O?TICS.

Lessee Shall lel~phcne Lessor ,11Jrin9 oorr1).1! tmsmess M:,rs {7:00 .J.n,. iu 9:00 p.m .• Cc,w:i1 Tun.:.

Monday through Fr:l'l3y:., except for holld.1ys) .11 1-8:00-236-!)193 (l\fso ::i ?.•J-hour. 7-day 11umbr.r lo:
emergency calls} 10 01.:fermine if ilbot optic cab!.: is bl;(ioo on lho Pti:imisc..-.. If c.lb!e 1s. l):.11icd on lh'! ?;errJses, Lesseewal tc!epl'.One the te!eccrnr.uln'Cal"'1!: conp.iny(ic:;), ar:~ge !or a cable toca:o:-, illl:I ru;-1lu.~ a.range.-n~ts tor relOcO!icn or olhcr p,utcctio-, or Uie c.ihle. ~../otw1U1slm;c!ln9 compli~ricc by lessee .,.,,U1 tnt> Section 16, the release and u,de111ni1y provis,oos of Scclioo 12 ~bOw: sna11 ;i;;ply fully 10 .:1ny d:lfn,19c er de:wuction o! any !g!ecorr.munX.:;ilions sy:;;!cm,
Sccrion 1?. NOTICES.

A:1y r.olice, consent or ;.ippto·,al tc ti..- r11vun uodor !!1is l.11a!;e S/~Oll fl~ in wdtuig. ;m:,I p«?non.:.ily served, sent by reputat>le CO'Jtier sc,vir..c., o; SCf'.l by c~tr;ficd m:.1:1, po~1.ige IJle!Kli<I, return rcc~;n rcqucsl~d. :o L-!:iSOr c)J: UntOr. Pocilir. Ril~(O.n.J Cornpt1n;.·, Alln: ~•stont Vice Ptt-Sidonl • R:'.!"dl Est;JlC, !'foal Es1;11e Dep:1,1mcnf. 1800 Furnam $!reel. Omalm, NP.Oroska 68102: d:HI I;) Lessee o: !he ~oo-.,e :u!tJ'<ti:;s, er SllCh ,,u,er ?.:loress .i!; a pmiy may tk.:;i!.}Oetc in uo1tce: given to !he u:1:1;r ;,.ir1y, f.-iai1c:<1 not:C:es sh~tl be t.J<J;:mnrl s~r,c,d fh·e (5) crr;t. .,Iler tloµosit ir: lhc- U.S. Ma.I. i·lolit""L'~ ,..,hidl SlfO fl(HSori,'11~; sc,~1tt1 o: semi b'j t:O:!fl:?-( ~~1,:11,:<: ::hail Uc: d:!!!U1t:(J sr:r-md upoo r,:ec:~lt.

Se~tiori 1a. ASSIGNMENT.

A. Les$ee ::11.ill nol subtL·~s.e Ille ?rcrni:-.cs, ~, whole or io p;.-irt, or <?~sign, cncum:>er or 1ranster {by cperallon ar law or uOw,wi~e) !:li5 L.:ase:. withoui. !he prlor consent of L~ssor. which consent may oe dertied at t.assor's sole on:! ;1hsol1.Jlt~ .Ji:;cr•::tioo. 1\11~· purported !;ans/er or assignment wi!hou! L<assor's consc::nt 51i3Jt b!:i void and shall be a c1or;-m1t by !.cssae.

8. Sut:iject to this Section 18, lh:!; Lease shall be bir:d:ng l.!µon ::md inure to t'ie bcnefi( of th=::
panies hcr~to and their re:;pectivs heir$, exccut~rs, adminis!:alors, ::;uccessors and 3SS1!'lr.S, Sectiur. 1s. CONOEMNATION.
!(, .:is r<;.Json.ibly i1clc:r111int'ld by Lessor. lr..c l-'ri:c1!i:Ol!S c::innot bO ~,scd Uy Lc:;!U?c tlC"' ..auso ot a cor:•~cmnalion or -SJ1c: Ill 1:1:LI of conMrnr.alion, !hen Ulis l..case .-.null ;'IU!Omatrcal~/ !crminaiu. lc:.sor snail be cn!rlled to tile entire .:iW.:lrd er ptOC:C'Ct.ls ror ar.1 total oqmrli.'.l condcntniitioo or S.lle in ~eu th\.">feof. iiickJding, ·s,tt\Ot:! l:0'11ftnlicn. MY :iward ~ r,rocc.c<:s for the. ... a11.;o of thr: l,1~!.c)JOl-1 1::;.1.:i.:.:: created by lh1::. l.1:i:1~•~.

NtJtw~:111wuJirnJ ua~ fOl'C(JUing, Les::,ce sfl:.iil have 1t:c,:ght to i;ur:;ue •~covery fr04n 1heconcem11ing nuu,mi1y ,;f such c;,;111p,.msa1:on c:is m=iy l>t'l sepm;:,te!y o\•;m&.!C to lt!s:;ee !or Lessee':; ,elnc,11io11 expenses, 11'1•! 1ak;~7 cf L1!SSL-c:·:; i:;e,:;ooal pror,l?t'r/ ;md fh1:ures . .:11id 111,.. ~llimHptir:-11 1)f of .J.1nr.:;oe 10 L1~.!:-;.otf bu~i,,c:::;. ?~6r;f5
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CERTIFICATE OF LIABILITY INSURANCE DA TE (NMIODN' YYY)
08/07/2014
THIS CERTv:ICATE IS ISSUED AS f,.MATTER OF INFORMATION CN.Y ANO CONFERS NO RGfl"S UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT Af'FRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER Tl-IE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSlR'NCE ooes NOT CONSTITUTE A CONTRACT BETWEEN Tt-E ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICAlE HOLDER.

IMPORTANT: lfthocertiflc:meho4dorl~anAOOITIONAL INSUREO,lhepo{ir;y(ies)mustbe~- fSUBROGATlONISWM/EO,subjoctto thentrmsand conditiom otht pol,iey, certain ~ies may roquifo 11n endo ,ament. Astat~on tt'lis cwUflcate doosnotconfer righis to 11'1• certificate holder in 1au or 5UCh endotsetnent{ s).

PJIIOoveet
ISU Insurance Services

CALCARD ASSOCIATES
998 S. Seaward Ave
Ventura, CA 93001

MARLA DAILY & KIRK CONNALLY

UPPOS CARDEN, LLC
4892 Dorrance Way
Carpinteria, CA 93013
lfim~uilar
105,650.0215 x412 805. 650. 0216
KimPCal-9.ard. c011
00026646
~URER{S) N-fQRD& /'_,IO~-~
1_NSUREIU: Indeimity Ins. of N. America
INSIJREJl:B:

IN~C:

INSURER D:

IHSURERE:

COVERAGES
IHSUREAF:

CERTIFICATE NUMBER: 13/14 MASTE---ir--
POLICY NUMBER: sc-acasae COMMERCIAL GENERAL UABLITY
CG20240413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS OR OTHER

INTERESTS FROM WHOM LAND HAS BEEN LEASED
This endorsement mocfrfles insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
THIS IS TO CERTIFY THA. T THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ~LIED TO THE INSURED NMEO AIKNff.. FOR THE POl.lCY PERIOD INDICATED. NOlWmlSTANOH:; /WV REQUIREMENT, TERM OR CONcmoN OF NN CONTRAC T OR OTHER !XX:U MENT WITH RESPECT TO WHIC H THIS CERTIACATE W..Y BE ISSUED OR MAY PERTAlN. THE INSURANCE AFFORDED frf THE POLICIES DESCRIBED HEREIN is SUBJECT TO Ml. THE TERMS, EXCLUSIONS Al4D CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PM> CLAIMS. 1Nf:1 TYPE at< INS UftANC E = = POLICY NUMBER POUCYEf'F POllCYEXP U..-,5 m=--
F020352( 10/01/2013 10/01/2014 EACHoo:tJRRENCE ' 1,000 l)(l( s 100,00(
a.AMS.MACE 0 <=UR ~EDEXPCNIJ'0n11pc,son) • 5,000
A X PERSONAL & ICV IM.JURV s l 000 000
GENSRAI.IIGGREGATI:: ' 2,000,000 rn l AGGR83.ATE UMfT APPLIES PER: PRODUCTS • COMP/OP .-.<::e $ 2 000 noo POllC'l'n~ nLOC l AUTOMOBIL! LIA8IUTY COMBINED SltilGlE UMlT '
~AHYAUTO ' ..,_
! ...U OWNED AUTOS
BOOllYIN,IURY(Pw",-so,-J $
d SCHEOULED~
800lt.Yfi.lURY(J11'~ 1

PROPERTY DAMAGE
H,R£0"'10S (P«- '
HfKIN.OWNEOAl.'TOS $
. H UMBfta.LAUAe H OCCUR EACHOCCVR RENCE $
EXCES$ LtAB Cl.AIMS-MAOE AGG REG ATE $
~DEOOOTae •
RETB<TI0N • ' I==~~ !-=.::~.,..•"!~ ,-cc
YIN
i~~~=~ct.mVE □ NIA EL EACH ACCIOEN'l $ I IMJndato'J In HH) E.LOISEASE -EAEMPI. OYEI S ·~~~ E.L. DS'EASE • P0UCY l.MT S
!
I
OESCRtPT!ONOFOPERATIONS/1.0CATIOHS,ve«:t.ES {.l#lct!ACORtl101,MdltliMalft...-Usc:tled11i.,lf1KOrt~l1~lrwd) ity of Car-pinteria ;s named as an Additional Insured per form CG2024 in regards to the portion of ~and parcel APN #004-10S-Zl adja.cent to 4&9Z Dorrance Way, Carpinteria, CA

CERTIFICATE HOLDER
SHOULD MY ~ THE ABOVE DESCRlBED POt.lClES BE CANCEL.LED BEFORE THE EXPIRATION DAT£ THl!R£0F, NOTICE Will. BE CELIVER"O IN ACCORDANCE wmt THE POLICY PRO\llStONS.

City of Carpinteria
5775 Carp;nteria Ave
AIJTNORIZED "E'PR£SENTATIV£
~
ra MM> Kim •-··ilar'KA

CANCELLATION
REVISION NUMBER:

ACORD 25 (2001!/t>9)
e 1011-2009 ACORD CORPORATION. All rights reserved.

The ACORD name •nd fogo are regts~ed marll:s of ACORD
Name Of Personfsl Or Orn~nizalionfsl
Deslg Mtlon Of Premlsn
•Part Leased To You\
CITY' 01? CM.P&ft'BRIA AP!l' lt004.~lOS-:21 ~ ro '89:2 DOaRJllf CE WAY, CAAPim'E'RIA. CA 93013
Information recuired to amolele this Schedule, W no1 shown above, will be shown in 1he DedarationS.

A. Section II - Who Is An Insured is amended to
indude as an additional insured 1he person(s) or
organization(s) shown in the Schedule, but only
with respect to liability arising out of the
ownership, maintenance or use of that part of tile
land leased to you and shown In the Schedule.

However.

1. The insurance afforded to such additional
Insured only applleS to the extent permitted by
law; and

2. If ooverage provided to 1he addnlonal Insured Is
required by a oontract or agreement. the
insurance affortled to such addltlonal insured
wm not be broader than that which you are
required by the oontract or agreement to
provide for such additional insured.

B. With respect to !he insurance afforded to lhese
addlllonal Insureds, the fo!Jowlng addltlonal
exctuslons apply:

This Insurance does not apply to:

1. Arry "ocairrence" which takes place aner you
cease to lease lhat lalld;
CG20240413

2. Structural alterations, new oonstructlon or
demolition operations performed by or on
behalf of the person(s) or organlzatlon(s)
shown In tile Schedule.

C. Wrth respect to lhe insurance afforded to these
additional insureds. the folklwing Is added to
Section Ill - Umlts Of lnsunmca:

If ooverage provided to Iha additional insured is
required by a contract or agreement, the most we
will pay on behaff of 1he additlooal Insured Is the
amount of insurance:
1, Required by !he contract or agrellll\ent; or

2. Available under !he applicable Limis of
1,,.urance shown In lhe OeclaratlonS;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in Iha
OeclarationS.
e Insurance Services Office, Inc., 2012 Page 1 of 1
Attachment C
Minutes of October 11, 2021 City Council meeting and Correspondence 10/1 112 1, 8:09 A M Urgen t Ma tte r. Carp City Agenda Item 7 City Council Regular Meeting Minutes
October 11, 2021
Pa.9_e6
Urgent Matter: Carp City Agenda Item 7
Kristin Larson [[email protected]]
sent:Sunday, October 10, 2021 6:27 PM
To: Jena Acos ([email protected]]
Cc: Publlc Comment; Dave Ourflinger; Brian Barrett
1of1/!1 CC
'-=II 7
( IJ1E/ld1 Ft1£. # s:)
Mayor Clark, and Mayor Nomura
NOES:~ None
ABSENT: '--N~
ABSTAIN: None
**EXTERNAL EMAIL**
CAUTION: This email originated from outside the City of Carpinteria. DO NOT OPEN attachments or CLICK on links unless you are sure they are safe. Remember, reputable vendors, banks, etc. will not ask you to disclose passwords or other sensitive information.

The motion carried unammo

8. Consideration of a status report for the property located at 399 Linden Avenue (APN: 004-105--026, 028) (Property).

Recommendation: Receive and file this status report
Staff Presenter: Matt Roberts, Parks, Recreation & Public Facilities Director Emails distributed: Kristin Larson with Tellus Law Group Speakers in-person: Marla Daily
Motion by Vice Mayor Clark, seconded by Councilmember Carty, to receive and file this status report. The roll call vote was as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember Alarcon, Councilmember Carty, Councilmember Lee. Vice Mayor Clark, and Mayor Nomura
None
None
None
City Manager Durflim;ie identified the usual attachment from the League and Action Center.

TEMPORARY ADJOURNMENT F THE PURPOSE OF HOLDING THE MONTHLY MEETING OF THE CARPINTERIA LIBAA~RD OF TRUSTEES
Mayor Nomura temporarily adjourned the meeting at-&;_19 pm.

RECONVENE THE REGULAR MEETING OF THE CITY C011N~
Mayor Nomura reconvened the meeting at 8:26 pm. ·'--..
'--.. COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED--._!3Y COUNCILMEMBERS ......___ _____
Tu: Jena Acos j~ Attorney for City of Carpinteria
Courtesy.l:;Q~:

[email protected]
Dave Durflinger, City Manager for City of Carpinteria, [email protected]:pinteriaca.us Brian Barrett, Acting City Clerk, City of Carpinteria ~IJ!interia.ca. us Re: Agenda Item 7 of City Council Meeting, October 11, 2021 Dear JenaI am directing this correspondence to you on behalf ofUPPO's Garden, LLC (Uppo's), who is in receipt of the proposed staff report purporting to provide the status of city property located at 399 Linden Avenue (APN 004- 105-026, 028), the whole of which was leased to Uppo's directly by Union Pacific commencing 17 years ago, and renegotiated (and greatly reduced in size) upon the city's acquisition of the parcel in 2013.

The draft report contains many significant errors and distorted allegations, which if allowed to become official record, would run afoul of California's protective statutes prohibiting false reporting, and could result in serious reputational ramifications, not only for my client, but also for the report's author, Matt Roberts and his direct report, Pedro.

With this letter, we are requesting in the strongest terms that the report in its current erroneous and deceptive state be temporarily withdrawn, corrected and then resubmitted. Non-exclusive examples and support for temporarily withdrawing and correcting this report are provided below. I am available to clarify and discuss this request at your convenience. Please know that we consider this malignment a serious matter, and hope that you also consider this request in such light. To be clear, Uppo's has no objection to the process in general, they simply demand that the record be accurate.

We would welcome the opportunity to take an hour of your time to walk the parcel to correct the record so that an accurate status report can be filed. Since the status report was apparently requested in 2012, a delay of another month or two in its submission will have no impact. To file this report, as is, with the knowledge of its many frailties would be arbitrary and captious.

I look forward to working with you to correct the record.

With best regards,
Kristin Larson, Esq. ( contact info is below)
Examples of Staff Report Errors that Require Correcting Prior to Fj)ing as an Official Record:
10/11/21,8:09AM U rgent M at1 er. C arp C ity A gend a Item 7 • Almost every single item depicted in Exhibit F, and characterized as "Unauthorized" are features that predate the City's acquisition of the property. Neither at the time of lease re-negotiation in 2013, nor in the 8 years since the City's acquisition, have the depicted items been the subject of any concern or requests for alternation. In 2013, the city accepted the trees, fencing, plantings, the temporary gardening structures and myriad other attributes. Indeed the lease ri,guires the parties to accept the land as is (e.g. as it was in 2013 ). To now, suddenly, after sitting on its laurels to falsely call out these same attributes as "unauthorized" is not only erroneous and deceitful but an attempt at best to erase more than a decade of benign neglect on the part of the city, and far worse, to seriously malign my client's fine reputation as a key contributor to the City of Carpinteria. It may be that some of these depicted items do not conform with the updated lease and if so, they should be at most characterized as pre-existing/non-conforming, but certainly not UNAUTHORJZED!
• Uppo 's has consistently - since 2004 - operated and maintained their small garden patch on the leased land in accordance with the lease terms then applicable. Moreover they have voluntarily expended many thousands of their own dollars maintaining fences, mowing broad expanses of the parcel ( outside their own leased parcel) with the City's concurrence, and they have generally kept large expanses of land free of fire hazards, including assisting with the removal of a homeless encampment that threatened the safety of nearby residences. Rather than depicting Uppo 's as a perpetrator of "unauthorized" activities, they should - at minimum - be recognized as the exemplary tenants they have been for nearly 20 years. • The maintenance and removal of the tamarisk trees located outside of Parcel B is at the hands of the City, as is the fence repair. There is no unauthorized firewood being stored. Pieces of broken tamarisk branches were cut and stacked to allow for mowing performed as a courtesy by Uppo 's. As currently written, one could easily construe this and several other characterizations as sloppy or dangerous behavior on the pa11 ofUppo's, which is simply untrue, and a very harmful falsehood to perpetrate. • The garden area depicted in photos 3 and 4 of Exhibit F, was developed and is being maintained by a city employee (Pedro) and it is located well outside ofUppo's authorized hobby garden. When questioned by Uppo's, Pedro has stated that the garden is known by, and allowed by "Matteo" (Matt Roberts), the person who Pedro reports to both via the City organization, and also in his private capacity as a laborer for Mr.

Robert's private avocado orchard. In this respect, the report's author (Matt) has "unclean hands" in perpetrating numerous "unauthorized" activities on the City parcel. It must be acknowledged that this renders the report in its current state as highly suspect, and the author's motivations questionable. 10/11/21, 8:09AM Urgent Matter: Carp City Agenda Item 8 {EIGHT) Urgent Matter: Carp City Agenda Item 8 {EIGHT)
Kristin Larson [[email protected]]
sent Sunday, October l O, 2021 6:48 PM
To: Jena Acr,s [[email protected])
Cc:: Public comm ent; Dave Durflinger; Brian Barrett
10/;/:z-.-1 cc
#f
**EXTERNAL EMAIL**
CAUTION: This email originated from outside the City of Carpinteria. DO NOT OPEN attachments or CLICK on links unless you are sure they are safe. Remember, reputable vendors, banks, etc. will not ask you to disclose passwords or other sensitive information.

CORRECTION: THIS EMAIL PERTAINS TO AGENDA ITEM 8, NOT 7 Th: Jena Acos j~~. Attorney for City of Carpinteria
~y~:

[email protected]
Dave Durflinger, City Manager for City of Carpinteria, [email protected] us Brian Barrett, Acting City Clerk, City of Carpinteria l!.!:.IBn.ll@ci ca,:pinteria.ca us Re: Agenda Item 8 of City Council Meeting, October 11, 2021 Kristin Larson, Esq.

TeHus Law Group
351 Paseo Nuevo, 2nd Floor
Santa Barbara, California 93101
Telephone (805) 258-7758
Email: [email protected]
WV1W.telluslawgrru.1Q...QQ.!!!
Dear JenaI am directing this correspondence to you on behalf ofUPPO's Garden, LLC (Uppo's), who is in receipt of the proposed staff report purporting to provide the status of city property located at 399 Linden Avenue (APN 004- 105-026, 028), the whole of which was leased to Uppo's directly by Union Pacific commencing 17 years ago, and renegotiated (and greatly reduced in size) upon the city's acquisition of the parcel in 2013.

The draft report contains many significant errors and distorted allegations, which if allowed to become official record, would run afoul of California's protective statutes prohibiting false reporting, and could result in serious reputational ramifications, not only for my client, but also for the report's author, Matt Roberts and his direct report, Pedro.

With this letter, we are requesting in the strongest terms that the report in its current erroneous and deceptive state be temporarily withdrawn, corrected and then resubmitted. Non-exclusive examples and support for temporarily withdrawing and correcting this report are provided below. I am available to clarify and discuss this request at your convenience. Please know that we consider this malignment a serious matter, and hope that you also consider this request in such light. To be clear, Uppo 's has no objection to the process in general, they simply demand that the record be accurate.

We would welcome the opportunity to take an hour of your time to walk the parcel to correct the record so that an accurate status report can be filed. Since the status report was apparently requested in 2012, a delay of another month or two in its submission will have no impact. To file this report, as is, with the knowledge of its many frailties would be arbitrary and captious.

I look forward to working with you to correct the record.

With best regards,
Kristin Larson, Esq. ( contact info is below)
Exl!fil11les of StaffRe11ort Errors that Require Correcting Prior to Filing as an Official Record:
10/11/21, 8:09 AM Urgent Matter: Carp City Agenda Item 8 (EIGHT) • Almost every single item depicted in Exhibit F, and characterized as "Unauthorized" are features that predate the City:S acquisition of the property. Neither at the time of lease re-negotiation in 2013, nor in the 8 years since the City's acquisition, have the depicted items been the subject of any concern or requests for alternation. In 2013, the city accepted the trees, fencing, plantings, the temporary gardening structures and myriad other attributes. Indeed the lease rsLqttires the parties to accept the land as is (e.g. as it was in 2013). To now, suddenly, after sitting on its laurels to falsely call out these same attributes as "unauthorized" is not only erroneous and deceitful but an attempt at best to erase more than a decade of benigu neglect on the part of the city, and far worse, to seriously malign my client's fine reputation as a key contributor to the City of Carpinteria. It may be that some of these depicted items do not conform with the updated lease and if so, they should be at most characterized as pre-existing/non-conforming, but certainly not UNAUTHORlZED!
• Uppo's has consistently - since 2004 - operated and maintained their small garden patch on the leased land in accordance with the lease terms then applicable. Moreover they have voluntarily expended many thousands of their own dollars maintaining fences, mowing broad expanses of the parcel ( outside their own leased parcel) with the City's concurrence, and they have generally kept large expanses of land free of fire hazards, including assisting with the removal of a homeless encampment that threatened the safety of nearby residences. Rather than depicting Uppo 's as a perpetrator of "unauthorized" activities, they should - at minimum - be recognized as the exemplary tenants they have been for nearly 20 years. • The maintenance and removal of the tamarisk trees located outside of Parcel B is at the bands of the City, as is the fence repair. There is no unauthorized firewood being stored. Pieces of broken tamarisk branches were cut and stacked to allow for mowing performed as a courtesy by Uppo's. As currently written, one could easily construe this and several other characterizations as sloppy or dangerous behavior on the part of Uppo 's, which is simply untrue, and a very harmful falsehood to perpetrate. • The garden area depicted in photos 3 and 4 of Exhibit F, was developed and is being maintained by a city employee (Pedro) and it is located well outside ofUppo's authorized bobby garden. When questioned by Uppo's, Pedro has stated that the garden is known by, and allowed by "Matteo" (Matt Roberts), the person who Pedro reports to both via the City organization, and also in his private capacity as a laborer for Mr.

Robert's private avocado orchard. In this respect, the report's author (Matt) has "unclean hands" in perpetrating numerous "unauthorized" activities on the City parcel. It must be acknowledged that this renders the report in its current state as highly suspect, and the author ·s motivations questionable.

Kristin Larson, Esq.

Tellus Law Group
351 Paseo Nuevo, 2nd Floor
Santa Barbara, California 93101
Telephone (805) 258-7758
Email: klarson@telluslawg!Q.Y p...:.£Q!!1
www.telluslawg!'.Q.YQ...&.Qm
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
November 28, 2022

ITEM FOR COUNCIL CONSIDERATION
Consideration of amendments to the City of Carpinteria's (City) Short Term Rental Administrative Policies and Procedures, which clarify and implement the City's Short Term Rental regulations.

STAFF RECOMMENDATION
Receive and file the updated Short Term Rental Administrative Policies and Procedures (Attachment A), which amend the portion of such policies and procedures applicable to home stays.

Sample Motion: I move to receive and file the updated Short Term Rental Administrative Policies and Procedures, which amend the portion of such policies and procedures applicable to home stays.

BACKGROUND
The City Council (Council) adopted comprehensive short term rental (STR) regulations, as well as STR Administrative Policies and Procedures in 2017. City staff thereafter worked with owners to help them operate STRs within the constraints of the regulations and Administrative Policies and Procedures. There are currently 4 Homestays throughout the City and 183 Vacation Rentals in the Vacation Rental Overlay District (VROD) identified as Areas A, B, C, and D, with a maximum of 218 total. VROD A: has 12 licenses available, while 23 licenses remain available in VROD B. VROD C and D are at their maximum number of Vacation Rentals.

On September 13, 2021, Council received a presentation providing a status report on the City's STR program. During this meeting, both Council members and members of the public voiced concerns related to several STR-related issues, including home stays.

Specifically, several comments were received from neighbors of a home stay property that were concerned that the home owners did not reside at the home at all times and questioned whether the owner was present during all rentals. The Council directed staff to conduct additional research and, among other requests, return with options to address the concerns regarding home stays raised at the meeting. 24889578 8_ N:\Project Files\2015 (1749- 1804)\1785 Short Term Rentals\_Administrative Policy\11-28,22 Update\Final -------- . .. ·- - ·---------·
Updated Short Term Rental Administrative Policies and Procedures November 28, 2022