Agenda packet — Carpinteria City Council, January 23, 2023 (part 1 of 3)

City of Carpinteria
City Council Regular Meeting Agenda
Monday, January 23, 2023
Council Chamber, 5775 Carpinteria Avenue
4:00 p.m. Closed Session - 5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
***AMENDED AGENDA***
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website https://carpinteriaca.gov/cityhall/agendas-meetings/) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 889 0390 2262.

Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes.
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone.

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January 23, 2023

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• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to [email protected], (PLEASE NOTE NEW PUBLIC COMMENT EMAIL ADDRESS) or (2) the eComment link on the City's agenda website (https://carpinteriaca.gov/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

PUBLIC COMMENT ON CLOSED SESSION MATTERS

CLOSED SESSION

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1); Title: City Manager Dave Durflinger

TEMPORARY ADJOURNMENT TO CLOSED SESSION

CALL TO ORDER

ROLL CALL

CLOSED SESSION REPORT

PLEDGE OF ALLEGIANCE
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.

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January 23, 2023

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INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS

2. Proclamation Designating the Month of February 2023 as “Black History Month”.

3. Presentation of City Tile Commending and Thanking Planning Commissioner John Callender for 15 Years of Service on the Planning Commission.

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.
a. January Storm Cleanup Update
b. Carpinteria Skate Park Drone Video
c. Introduction of New City Employees
d. Planning Commission Actions

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

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

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

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

4. Approve the minutes of the regular meeting held January 9, 2023.

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5. Receive and file the Expenditures for the period beginning December 31, 2022 and ending January 13, 2023.

6. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping for the Month of November 2022.

7. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping for the Month of December 2022.

8. Receive and file the Contracts Executed by the City Manager on behalf of the City for the Period of November 22, 2022 through January 16, 2023.

9. Receive and file the Quarterly Review of the Pension Stabilization Trust.

10. Adopt Resolution No. 6188, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.

11. Reschedule the special City Council meeting for consideration of the Annual Work Plan, to be held from 4:00 pm to approximately 8:00 pm, on Monday, January 30, 2023.

12. Adopt Ordinance No. 762, Amending Sections 1.04.140(F) and 10.04.080 of the Carpinteria Municipal Code Pertaining to Holidays (second reading).

ADMINISTRATIVE MATTERS:

13. Adoption of Resolution No. 6189, extending the emergency proclamation in response to the January 2023 storms and related emergency response.

Recommendation: (1) Adopt Resolution No. 6189, extending the emergency proclamation related to the January 2023 storms and related emergency response, pursuant to Government Code Sections 8558 and 8630, et. seq., and Chapter 2.40 of the Carpinteria Municipal Code; and (2) Direct City staff to return at least every 30 days for consideration of further extending the emergency proclamation until such time that the response and recovery conditions dictate otherwise; and (3) Determine the above actions are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(5) of the CEQA Guidelines, because the actions consist of organizational or administrative activities of the government that will not result in direct or indirect physical changes in the environment.

Staff Presenter: Olivia Uribe Mutal, Program Manager
a. Staff Report
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January 23, 2023

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b. Public Comment
c. City Council Determination

14. Second Reading of Ordinance No. 758, amending provisions of the City’s Local Coastal Program and Zoning Code regarding Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations and amending the City’s Zoning Map to establish an ADU Beach Neighborhood District; and Adoption of Resolution No. 6187, acknowledging receipt of, and accepting, the California Coastal Commission’s approval of LCP Amendment LCP-4-CPN-22-0050-1 (Accessory Dwelling Units) Project 19-2008-LCPA/ORD); and Find that Ordinance No. 758 is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of State Government Code Section 65852.2; and is also categorically exempt pursuant to CEQA Guidelines Section 15303, which exempts new construction or conversion of small structures. (This motion requires reading of Ordinance title and roll call vote.)
Recommendation: (1) Adopt Ordinance No. 758 (second reading); and (2) Adopt Resolution No. 6187; and (3) Find that Ordinance No. 758 is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17 and exempt pursuant to Section 15303 of the CEQA Guidelines.

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

15. Amendment to Consultant Services Agreement between the City of Carpinteria and John Douglas/JHD Planning LLC for additional planning services to prepare the City’s 2023-2031 Housing Element for an amount not-to-exceed $33,000.

Recommendation: Authorize the City Manager to execute the Amendment (Attachment A) to the Agreement for Consultant Services to prepare the City’s 2023-2031 Housing Element for an amount not-to-exceed $33,000, for a total contract amount of $97,680. (This motion requires a roll call vote.) Staff Presenter: Steve Goggia, Community Development Planner a. Staff Report
b. Public Comment
c. City Council Determination
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January 23, 2023

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16. Authorization for the City Manager to execute Amendment No. 1 to the Agreement with Cannon Corporation to provide additional services for the 2022 Pavement Rehabilitation Project.

Recommendation: (1) Authorize the City Manager to execute Amendment No. 1 to the Agreement with Cannon Corporation to provide additional services for the 2022 Pavement Rehabilitation Project in the not-to-exceed amount of $37,272 for a total amended amount of $648,300, and (2) Approve a budget appropriation in the amount of $37,300 from Measure X Fund to Fiscal Year 2022/23 Capital Improvements Program Budget for the 2022 Pavement Rehabilitation Project. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING: NONE

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR

AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED
MATTERS CONTINUED FROM PREVIOUS MEETINGS:

17. Continuance of the off-leash dog park program at El Carro Park.

Recommendation: Staff recommends that the City Council hear the report and provide direction to Staff.

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

18. Review and Update of City Council Representatives to Regional Agencies and Committees and Representatives to Area Boards and Committees, and Selection of City Council Representatives to Regional Agencies and Committees, City Council Joint and Standing Committees, Ad Hoc Committees, and Appointed Representatives to Area Boards and Committees.

Recommendation: (1) Review existing Representatives to Regional Agencies and Committees an Appointed Representatives to Area Boards and Committees; City Council Regular Meeting Agenda
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(2) Approve the renaming of the Representatives to Regional Agencies and Committees to Regional Committees; (3) Approve the creation of a new category entitled Appointees to Other Government Agencies consisting of certain Regional Committees and Appointed Representatives to Area Boards and Committees as noted in the staff report; and (4) Assign City Council representatives to Regional Agencies and Committees, City Council Joint and Standing Committees, and Ad Hoc Committees, as set forth in the staff report and the below sample motion.

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

19. Selection of Interview Questions for City Boards, Committees and Commissions.

Recommendation: Select interview questions for the City Boards, Committees and Commissions.

Staff Presenter: Brian C. Barrett, City Clerk
a. Staff Report
b. Public Comment
c. City Council Determination
OTHER BUSINESS:
*20. (A) Adoption of Resolution No. 6190, approving the Memorandum of Understanding (MOU) for the period of July 1, 2022 – June 30, 2027 between the City of Carpinteria (CITY) and Service Employees International Union (SEIU) Local 620, representing employees in the General Service; Public Works; and Parks, Recreation, and Public Facilities (PRPF) bargaining units and (B) Adoption of Resolution No. 6191, approving a revised SEIU Represented Employees Classification and Compensation Schedule as required by terms of the proposed MOU, and including final recommendations from the 2021 Total Compensation Report.
*Recommendation: (A) Adopt Resolution No. 6190, approving and adopting the MOU for the period of July 1, 2022 – June 30, 2027 between the CITY and SEIU Local 620, and authorize the City Manager to implement the changes effective July 1, 2022 and (B) Adopt Resolution No. 6191, approving a revised SEIU Represented Employees Classification and Compensation Schedule.

Staff Presenter: Michael Ramirez, Assistant City Manager City Council Regular Meeting Agenda
January 23, 2023

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

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

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

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

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

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

2. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Carty & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee & Alarcon)
d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Carty) f. City Council Finance/Budget Committee (Carty & Clark) g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark City Council Regular Meeting Agenda
January 23, 2023

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& 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) k. City Council Boards, Commissions and Committees Interview Committee (Clark & Nomura / Alt. Lee)

3. Ad Hoc Committees
a. COVID-19 Communications Committee (Clark & Nomura)
b. Harbor Seal Advisory Committee (Clark & Lee)
c. Senior Services Planning Committee (Lee & Solórzano) d. Civic/Youth Engagement Committee (Lee & Nomura)
e. City Council Housing Element Committee (Clark & Nomura)

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

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS

ADJOURNMENT
The next regular City Council meeting will be held February 13, 2023 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, located at 5775 Carpinteria Avenue, Carpinteria, CA 93013 or by going to the City’s website at https://carpinteriaca.gov/city-hall/agendas-meetings/.

This agenda was posted on Wednesday, January 18, 2023, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.

PROCLAMATION

A PROCLAMATION OF THE CITY COUNCIL

OF THE CITY OF CARPINTERIA

DESIGNATING THE MONTH
OF FEBRUARY 2023 AS
"BLACK HISTORY MONTH"
WHEREAS, the 2023 Santa Barbara County Theme is "Black Resistance"; and WHEREAS, when Dr. Carter G. Woodson established Negro History Week in 1926, he "lobbied extensively to establish Black History as a nationwide institution" and to encourage "the study of African American history". Due to his efforts in 1976, Negro History Week expanded to Black History Month. The goal of bringing to the public's attention, front and center, the noteworthy and important contributions made by African Americans/Black community members that merit emphasis; and
WHEREAS, the 2023 theme expresses that Black people have had to consistently push the United States to live up to its ideals of freedom, liberty, and justice for all; and WHEREAS, the Black family offers a rich tapestry of images for exploring the African American past and present. The Black family knows no single location since family reunions and genetic ancestry searches attest to the spread of family members across states, nations, and continents. As family historians dive into archives, online newspapers, and census reports to stretch the traditional boundaries of history, they discover amazing life stories of their ancestors -ordinary people who did extraordinary things. These stories inspire new generations and destroy old stereotypes; and
WHEREAS, "Black Resistance" has led to triumphs and progress as seen in the end of chattel slavery, the dismantling of Jim and Jane Crow segregation in the South, increased political representation at all levels of government, desegregation of educational institutions, the passage of the Civil Rights Act of 1964, the opening of the Smithsonian National Museum of African American History in Washington DC, increased and diverse representation of Black experiences in the media, and black resistance strategies have served as a model for every other social movement in the country; and
WHEREAS, Black History is not just about the struggles Black families have been through, but rather it is a time of rejoicing, celebrating the accomplishments, integrity, leadership, and determination, and showing true character. The City honors the history and celebrate the progress that we, as a community, have made. The City is resolute in creating new opportunities for future generations.

NOW, THEREFORE, I, Al Clark, on behalf of the Carpinteria City Council, by virtue of the authority vested in me as Mayor, do hereby proclaim February 2023 as "BLACK HISTORY MONTH" in our CITY OF CARPINTERIA, and call on all residents to acknowledge and celebrate with appropriate ceremonies and activities.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Carpinteria, California, to be affixed this 23rd day of January, 2023.

ATTEST:

Brian C. Barrett, CMG, CPMC
City Clerk, City of Carpinteria
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Al Clark, Mayor
City of Carpinteria
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, January 9, 2023
Virtual Meeting
The January 9, 2023 Closed Session meeting at 4 pm for the below item was cancelled due to the severe weather.

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1); Title: City Manager Dave Durflinger

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

ROLL CALL
All Councilmembers, staff, presenters, and members of the public were present via Zoom.

Councilmembers present: Councilmember Roy Lee
Councilmember Wade T. Nomura
Councilmember Mónica J. Solórzano
Vice Mayor Natalia Alarcon
Mayor Al Clark
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
Olivia Uribe Mutal, Program Manager
John L. Ilasin, Public Works Director
David Hernandez, Code Compliance Officer II
Erin Maker, Environmental Program Manager

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

Legal Counsel Acos announced that there was an immediate need to take action to adopt Resolution No. 6185, authorizing continued remote teleconference meetings of the City Council and Boards, Committees and Commissions, for the purposes of holding a virtual City Council Regular Meeting Minutes
January 9, 2023

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meeting because of the severe weather and the proclamation issued by the Governor.

She further stated that the immediate need for action came to the attention of the City after the agenda was posted and that the necessity is determined by a two-thirds vote of the Council.

Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to find that an emergency situation exists necessitating the addition of Resolution No. 6185 to the agenda for the Council’s consideration. The roll call vote was as follows:

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

ADDITION TO AGENDA
Resolution No. 6185, authorizing continued remote teleconference meetings of the City Council and Boards, Committees, and Commissions.

City Clerk Barrett presented Resolution No. 6185.

There was no public comment.

Motion by Councilmember Nomura, seconded by Councilmember Lee, to adopt Resolution No. 6185, as read by title only, including the correction to the typographical error on page 2, paragraph 2 to the Resolution stating that Resolution No. 6181 was adopted on December 12, 2022, not December 12, 203. The roll call vote was as follows:

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

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS

2. Proclamation Designating January 2023 as “Human Trafficking Awareness Month.”
There was no public comment.

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January 9, 2023

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Motion by Councilmember Nomura, seconded by Councilmember Lee, to approve the Proclamation Designating January 2023 as “Human Trafficking Awareness Month.” The roll call vote was as follows:

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

Elsa Granados with Standing Together To End Sexual Assault provided remarks and virtually accepted the Proclamation.

3. Proclamation Designating Thursday, January 19, 2023 as E-Bike Safety Awareness Day in the City of Carpinteria.

Emails distributed: Susan Mailheau
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to approve the Proclamation Designating Thursday, January 19, 2023 as E-Bike Safety Awareness Day in the City of Carpinteria. The roll call vote was as follows:

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

Kent Epperson with Santa Barbara County Association of Governments provided remarks and virtually accepted the Proclamation.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
Mayor Clark temporarily adjourned the meeting at 6:01 pm.

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Clark reconvened the meeting at 6:20 pm.

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PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
City Manager Durflinger announced that the Council would receive a report on the storm update and suggested deferring the City Manager’s Report to the next meeting and move up the Agenda Modifications section to consider adding an emergency item on the agenda – Resolution No. 6186, proclaiming the existence of a local emergency caused by January storms and also to consider continuing certain agenda items to another Council meeting when the public could attend in-person.

Mayor Clark agreed with City Manager Durflinger’s suggestion.

CITY MANAGER’S REPORT
The City Manager’s Report was deferred to the next regular City Council meeting.

AGENDA MODIFICATIONS:

City Manager Durflinger announced that there was an immediate need to take action to adopt Resolution No. 6186, proclaiming the existence of a local emergency caused by January storms. Legal Counsel Acos noted that this emergency item would be added pursuant to Government Code Section 54954.2 subsection b.

Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to find that an emergency situation exists necessitating the addition of Resolution No. 6186 to the agenda for the Council’s consideration. The roll call vote was as follows:

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

ADDITION TO AGENDA
Resolution No. 6186, proclaiming the existence of a local emergency caused by January storms.

City Manager Durflinger presented Resolution No. 6186.

There was no public comment.

Motion by Councilmember Nomura, seconded by Councilmember Lee, to adopt Resolution No. 6186, as read by title only. The roll call vote was as follows:

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

Program Manager Uribe Mutal, Public Works Director Ilasin, Carpinteria-Summerland Fire Protection District Chief Greg Fish, and Lieutenant Butch Arnoldi with the Santa Barbara County Sheriff’s Department all briefed the Council on the current storm.

Speakers via Zoom: Santa Barbara County First District Supervisor Das Williams Due to the meeting being entirely virtual because of the storm event, the Council discussed which upcoming items on the agenda to reschedule to a future Council meeting when the public could attend in-person.

Mayor Clark recommended Agenda Item No. 9 be rescheduled.

Councilmember Lee recommended rescheduling Agenda Item Nos. 11 and 12 as well.

Councilmember Nomura said the cancelled Closed Session would need to be rescheduled too.

Motion by Vice Mayor Alarcon, seconded by Councilmember Solórzano, to reschedule Agenda Item No. 9 at a time that would work on a future Council agenda.

Councilmember Nomura stated that all agenda items to be rescheduled could be considered in one motion.

Vice Mayor Alarcon modified the motion, to reschedule Agenda Item Nos. 9, 11, 12, and the Closed Session at a time that would work on a future Council agenda.

Councilmember Solórzano seconded the modified motion.

City Manager Durflinger said Agenda Item Nos, 9, 11, 12, and the Closed Session could be rescheduled to the January 23rd Council meeting.

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

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

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers via Zoom: Bob Franco
CONSENT CALENDAR:

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 4 through 5.

Councilmember Solórzano recused herself from voting on the minutes of the special joint meeting held December 19, 2022.

In response to Councilmember Solórzano’s announcement, Mayor Clark requested breaking up the Consent Calendar so the Council could vote separately on the approval of the December 12, 2022 minutes, approval of the December 19, 2022 special joint minutes, and receive and file the Expenditures for the period beginning December 3, 2022 and ending December 30, 2022.

The roll call vote on the approval of the minutes of the regular meeting held December 12, 2022 was as follows:

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

The roll call vote on the approval of the minutes of the special joint meeting held December 19, 2022 was as follows:

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

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The roll call vote to receive and file the Expenditures for the period beginning December 3, 2022 and ending December 30, 2022 was as follows:

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

4. Approve the minutes of the regular meeting held December 12, 2022 and the special joint meeting held December 19, 2022.

5. Receive and file the Expenditures for the period beginning December 3, 2022 and ending December 30, 2022.

ADMINISTRATIVE MATTERS:

6. Code Compliance Quarterly Report Q4, 2022.

Recommendation: Receive and file quarterly report.

Code Compliance Officer II Hernandez presented the staff report and PowerPoint presentation.

There was no public comment.

The quarterly report was received and filed.

7. (1) Adoption of Ordinance No. 762, Amending Sections 1.04.140(F) and 10.04.080 of the Carpinteria Municipal Code Pertaining to Holidays; and (2) Adoption of Resolution No. 6184, Designating Holidays on Which City of Carpinteria Public Offices Shall Be Closed; and (3) Approval of the December 2023 Holiday Schedule.

Recommendation: (1) Approve Ordinance No. 762, as read by title only, and continue to second reading for adoption to January 23, 2023; and (2) Adopt Resolution No. 6184, as read by title only; and (3) Approve the December 2023 Holiday Schedule. (This motion requires reading of Ordinance title and a roll call vote.)
City Clerk Barrett presented the staff report and PowerPoint presentation.

There was no public comment.

City Council Regular Meeting Minutes
January 9, 2023

Page 8 ends

Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to (1) approve Ordinance No. 762, as read by title only, and continue second reading for adoption to January 23, 2023; and (2) adopt Resolution No. 6184, as read by title only; and (3) approve the December 2023 Holiday Schedule.

Councilmember Solórzano recommended continuing the discussion on holidays at the Annual Workplan meeting to include which holidays the State observes versus the holidays nearby local agencies observe and how the holidays are chosen.

The roll call vote was as follows:

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

8. Agreement with ZWorld GIS for Mapping and Geographic Information System Services.

Recommendation: Authorize the City Manager to execute the Agreement with ZWorld GIS for mapping and geographic information system services in an amount not-to-exceed $35,724. (This motion requires a roll call vote.) Environmental Program Manager Maker presented the staff report and PowerPoint presentation.

There was no public comment.

Motion by Councilmember Nomura, seconded by Councilmember Lee, to authorize the City Manager to execute the Agreement with ZWorld GIS for mapping and geographic information system services in an amount not-to-exceed $35,724. The roll call vote was as follows:

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

City Council Regular Meeting Minutes
January 9, 2023

Page 9 ends

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:

9. Continuance of the off-leash dog park program at El Carro Park.

Recommendation: Staff recommends that the City Council hear the report and provide direction to Staff.

The Council rescheduled this item to the January 23, 2023 Council meeting.

10. Update of Grid Reliability, Renewable Energy Procurement, and Building Electrification.

Recommendation: Receive and file updates from Central Coast Community Energy, Southern California Edison, and Tri-County Regional Energy Network regarding grid reliability, renewable energy procurement and education opportunities, and the process for drafting local building electrification regulations.

Environmental Program Manager Maker introduced Natalia Yanez with Southern California Edison, Joshua Torres with Southern California Edison, Catherine Stedman with Central Coast Community Energy, Santa Barbara County First District Supervisor Das Williams, and Ashley Watkins with County of Santa Barbara, all presented PowerPoint presentations (except for Mr. Williams).

Speakers via Zoom: Jonathan Ullman, Kyle Richards, Michael Chiacos, and Bob Franco Emails distributed: Jim Taylor and Anonymous
Motion by Councilmember Nomura, seconded by Councilmember Solórzano, to receive and file the updates regarding grid reliability, renewable energy procurement and education opportunities, and the process for drafting building electrification regulations.

The roll call vote was as follows:

AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
City Council Regular Meeting Minutes
January 9, 2023

Page 10 ends

The motion carried unanimously.

11. Selection of City Council representatives for Regional Agencies and Committees, City Council Joint and Standing Committees, and Ad Hoc Committees.

Recommendation: Assign City Council representatives to Regional Agencies and Committees, City Council Joint and Standing Committees, and Ad Hoc Committees, as set forth in the staff report and the below sample motion.

The Council rescheduled this item to the January 23, 2023 Council meeting.

12. Selection of Interview Questions for City Boards, Committees and Commissions.

Recommendation: Select interview questions for the City Boards, Committees and Commissions.

The Council rescheduled this item to the January 23, 2023 Council meeting.

13. Rescheduling a special meeting of the City Council for consideration of the Annual Work Plan form January 28 to February 4, 2023.

Recommendation: Reschedule the special City Council meeting for consideration of the Annual Work Plan, to be held from 8:00 am to approximately noon, on Saturday, February 4, 2023.

City Manager Durflinger presented the staff report.

Due to Councilmember Nomura not being able to attend the proposed date of February 4 th, the Council discussed holding the meeting on a weekday in the late afternoon.

City Manager Durflinger announced that there is a fifth Monday in January (January 30th) that the meeting could be held on. The Council concurred. City Manager Durflinger stated that staff would start preparing for that date and he would return to the January 23rd Council meeting with a Consent Calendar item to allow the Council to act on rescheduling the Work Plan meeting to January 30th.

Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to place the consideration of rescheduling the Annual Work Plan to January 30, 2023 in the late afternoon on the January 23, 2023 Council meeting agenda.

LEGISLATIVE UPDATE: NONE

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY COUNCILMEMBERS: NONE
City Council Regular Meeting Minutes
January 9, 2023

Page 11 ends

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS:

All Councilmembers are expected to be in attendance at the next regular Council meeting on January 23rd.

ADJOURNMENT
Mayor Clark adjourned the meeting at 8:41 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning December 31, 2022 and ending January 13, 2023.

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 December 31, 2022 and ending January 13, 2023.

Warrant Register
January 23, 2023
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: 12/31/2022 - 01/13/2023
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
INV0004345
INV0004346
Vendor Name
Payable Type

ALEXIS PERSOON
Invoice

ARMANDO RAMOS
Invoice 01/05/2023
INV0004344
INV0004340
INV0004337

CARPINTERIA UNIFIED SCHOOL DISTRICT
Invoice 01/05/2023
CROWN CASTLE TOWERS 06-2 LLC
Invoice 01/05/2023
DALE'S BACKHOE SERVICE INC.

Invoice 01/05/2023

GARY ZERLIN
INV0004343 Invoice 01/05/2023
INV0004341
INV0004338
INV0004339

IMPULSE ADVANCE COMMUNICATIONS
Invoice 01/05/2023

INLAND ENGINERING SERVICES
INV0004342 Invoice 01/05/2023
INV0004336
THE MATTHEW J. COOPER REV LIVING TRUST
Invoice 01/05/2023
WEX BANK (76)
Invoice 01/05/2023
2659-WARRANT
JAN22 0905
2504836828

CALIFORNIA MUNICIPAL REVENUE & TAX ASSOCIATION
Invoice 01/12/2023
DCME INC.

Invoice 01/12/2023
Invoice 01/12/2023

EXTRA SPACE STORAGE
Invoice 01/12/2023

ONYX PAVING COMPANY INC
Invoice 01/12/2023

TRANSAMERICA EMPLOYEE BENEFITS
Invoice 01/12/2023
INV0004370
SEIU LOCAL 620
Invoice
INV0004372
INV0004361
INV0004362
INV0004363
Post Date
01/05/2023
01/12/2023

UNITED WAY OF SANTA BARBARA COUNTY
Invoice 01/12/2023
VANTAGEPOINTTRANSFER AGENTS - 457
Invoice 01/12/2023
Invoice
Invoice
01/12/2023
01/12/2023

COSTA'S AUTO WORKS
Invoice 01/12/2023
JAN23 0503
JAN23 0983
JAN23 1949
JAN23 2429
JAN23 3498
JAN23 3696
JAN23 4545
JAN23 5544
JAN23 6160
JAN23 9341

FIRST NATIONAL BANK OF OMAHA
Invoice 01/12/2023
Invoice 01/12/2023
Invoice 01/12/2023
Invoice 01/12/2023
Invoice 01/12/2023
Invoice 01/12/2023
Invoice 01/12/2023
Invoice 01/12/2023
Invoice 01/12/2023
Invoice 01/12/2023
Payment Date Payment Type
Payable Description
Oi/05/2023 Regular

REIMBURSEMENT FOR USA SWIM MEMBERSHIP & TRAINING
01/05/2023 Regular

REIMBURSEMENT FOR USA SWIM MEMBERSHIP & BACKGROUND
01/05/2023 Regular

REFUND OF MINOR ENCROACHMENT PERMIT FEE
01/05/2023 Regular

ENGINEERING PERMIT PROJECT CLOSE OUT
01/05/2023 Regular

ENGINEERING PERMIT PROJECT CLOSE OUT
01/05/2023 Regular
DEC22 FUEL FOR CITY VEHICLES
01/12/2023 Regular
2023 MEMBERSHIP RENEWAL FOR ADMIN SERVICES DEPT
01/12/2023 Regular
AUG-NOV22 PROJECT SERVICES FOR 2022 PAVEMENT MAINT
AUG-NOV22 PROJECT SERVICES FOR SKATEPARK
01/12/2023 Regular
UNIT 0905 RENT 01/23/23-02/22/23
01/12/2023 Regular
22-0SlC 2022 PAVEMENT MAINTENANCE
01/12/2023 Regular
DECEMBER 2022 EMPLOYEE PREMIUMS
01/12/2023
Employee Union Dues Contribution
01/12/2023
Employee United Way Contribution
01/12/2023
Regular
Regular
Regular
ICMA Employee Contributions
ICMA Employee Contributions
Deferred Compensation Contribution
01/12/2023 Regular
SERVICE ON 2018 FORD FUSION UNIT #121
01/12/2023 Regular

CREDIT CARD PAYMENT-MR

CREDIT CARD PAYMENT-OUM

CREDIT CARD PAYMENT-SG

CREDIT CARD PAYMENT-LS

CREDIT CARD PAYMENT-JT

CREDIT CARD PAYMENT-LM

CREDIT CARD PAYMENT-BB

CREDIT CARD PAYMENT-DD

CREDIT CARD PAYMENT-JI
CREDIT CARD PAYMENT-M. RAMIREZ
Payment Amount Number
107.00 101503
102.76 101504

60.00 101505
2,800.00 101506
310.00 101507
1,571.61 101508
2,800.00 101509
960.00 101510
695.00 101511
3,750.00 101512
1,643.75 101513
283.95 101514
150.00 101515
69,184.30 101516
450.00 101517
59,049.38 101518
678.03 101519
216.98 101520

24.00 101521
5,544.05 101522
2,315.04
9,910.50
101523
101524
AVILA AND ASSOCIATES 01/05/2023 Virtual Payment 1,481.75 APA001175 4919 Invoice 01/05/2023 NOV22 ENGINEERING SERVICES FOR CARP CREEK LOMR BEACON WEST ENERGY GROUP LLC 01/05/2023 Virtual Payment 47,500.00 APA001176 BWSl-20220210 Invoice 01/05/2023 CONSTRUCTION SERVICES FOR PIPELINE ABANDONMENT BOBS BACKHOE & TRUCKING 01/05/2023 Virtual Payment 12,420.00 APA001177 17519 Invoice 01/05/2023 CONSTRUCTION SERVICES FOR SAND BERM CANNON 01/05/2023 Virtual Payment 9,377.25 APA001178
82807 Invoice 01/05/2023 NOV22 CARPINTERIA FEMA CRS APPLICATION 82824 Invoice 01/05/2023 DESIGN SERVICES FOR 2022 PAVEMENT REHABILITATION 82855 Invoice 01/05/2023 NOV22 PETROLEUM PIPELINE TECH ASSISTANCE FRONTIER COMMUNICATIONS 01/05/2023 Virtual Payment 154.17 APA001179 JAN23 209-188-2500-061589-5 Invoice 01/05/2023 PHONE & INTERNET SERVICES FOR LG TOWER GEOSYNTEC CONSULTANTS 01/05/2023 Virtual Payment 7,121.94 APA001180 494542 Invoice 01/05/2023 CARP VIA REAL DESIGNS SERVICES THROUGH 11/30/22 HDL SOFTWARE LLC 01/05/2023 Virtual Payment 442.90 APA001181 SIN023821 Invoice 01/05/2023 NOV22 STR, TOT & BUSINESS LICENSE PROCESSING MEARS DESIGN GROUP 01/05/2023 Virtual Payment 1,500.00 APA001182 2356 Invoice 01/05/2023 NOV22 CONSTRUCTION DOCUMENT FOR SKATEPARK SO CA EDISON 01/05/2023 Virtual Payment 6,015.84 APA001183 DEC22 700247140684 Invoice 01/05/2023 ELECTRICITY-1 CARPINTERIA TCl DEC22 700291369452 Invoice 01/05/2023 ELECTRICITY-MULTIPLE LOCATIONS DEC22 700465507084 Invoice 01/05/2023 ELECTRICITY-4950 9TH ST BT HM STAPLES ADVANTAGE 01/05/2023 Virtual Payment 208.93 APA001184 3525263337 Invoice 01/05/2023 2023 CALENDARS & PAPER FOR CITY HALL USE 3525263338 Invoice 01/05/2023 2023 DESK CALENDARS, PLANNERS FOR CITY STAFF 3525783276 Invoice 01/05/2023 2023 CALENDARS & RULERS FOR CITY HALL STAFF SWEEPING CORP Of AMERICA 01/05/2023 Virtual Payment 18,239.07 APA001185 70418VS Invoice 01/05/2023 DEC22 STREET SWEEPING SERVICE VITAL RECORDS CONTROL 01/05/2023 Virtual Payment 34.15 APA001186 3093016 Invoice 01/05/2023 NOV22 CONTRACTED SHREDDING SERVICES BENGAL ENGINEERING 01/12/2023 Virtual Payment 3,041.15 APA001187 5020 Invoice 01/12/2023 DESIGN SERVICES FOR RINCON TRAIL THROUGH 11/30/22 CANNON CANNON 01/12/2023 Virtual Payment 13,190.63 APA001188 82019 Invoice 01/12/2023 SEP22 ENGINEERING TECH STAFF AUGMENTATION COASTAL VIEW NEWS 01/12/2023 Virtual Payment 191.00 APA001189 59347 Invoice 01/12/2023 SPECIALJOINT MEETING ADVERTISING 12/15/22 COX BUSINESS 01/12/2023 Virtual Payment 428.43 APA001190 JAN23 001 3011 022093901 Invoice 01/12/2023 JAN23-CITY HALL TV & INTERNET SERVICE EV CONNECT INC. 01/12/2023 Virtual Payment 9,487.50 APA001191 INV1936 Invoice 01/12/2023 NEW ELECTRIC VEHICLE CHARGING STATIONS EVERSHADE EXTERIOR CLEANING SOLUTIONS 01/12/2023 Virtual Payment 450.00 APA001192 10228 Invoice 01/12/2023 DEC22 CLEANING Of TRASH CANS ON CARP X LINDEN AVE JAYNE DIAZ 01/12/2023 Virtual Payment 691.61 APA001193
INV0004385 Invoice 01/12/2023 MEDICAL REIMBURSEMENT
LARRY DRIGGERS 01/12/2023 Virtual Payment 691.61 APA001194 INV0004386 Invoice 01/12/2023 MEDICAL REIMBURSEMENT
LIEBERT CASSIDY WHITMORE 01/12/2023 Virtual Payment 2,642.00 APA001195 230142 Invoice 01/12/2023 PROFESSIONAL LEGAL SERVICES THROUGH 11/30/22 230588 Invoice 01/12/2023 PROFESSIONAL LEGAL SERVICES THROUGH 11/30/22 MARBORG INDUSTRIES 01/12/2023 Virtual Payment 901.20 APA001196 5693117 Invoice 01/12/2023 RENTAL Of PORTABLE RESTROOMS AT PARKING LOT #1 MARY ANN COLSON 01/12/2023 Virtual Payment 691.61 APA001197 INV0004384 Invoice 01/12/2023 MEDICAL REIMBURSEMENT
MCCORMIX CORP 01/12/2023 Virtual Payment 127.44 APA001198 1477 Invoice 01/12/2023 FUEL FOR CITY VEHICLES
OUTDOOR CREATIONS INC. 01/12/2023 Virtual Payment 25,713.75 APA001199 9642 Invoice 01/11/2023 4 PICNIC TABLES FOR CITY SKATE PARK 9643 Invoice 01/12/2023 NEW PLANTERS FOR SEASIDE BUILDING PAVEMENT ENGINEERING INC 01/12/2023 Virtual Payment 4,722.50 APA001200 2205-091 Invoice 01/12/2023 MAY22 PAVEMENT MANAGEMENT SYSTEM UPDATE 2208-112 Invoice 01/12/2023 JUL-AUG22 PAVEMENT MANAGEMENT SYSTEM UPDATE POLICORE INC. 01/12/2023 Virtual Payment 1,740.00 APA001201 402880 Invoice 01/12/2023 IT SERVICES FOR LIBRARY NOVEMBER 2022 2 SANSUM CLINIC 01/12/2023 Virtual Payment 26.00 APA001202 64934 Invoice 01/12/2023 HEALTH SCREENING FOR B.P 12/05/22 SHOWSCAPES 01/12/2023 Virtual Payment 20,418.00 APA001203 388331473 Invoice 01/12/2023 DEC22 LANDSCAPE SERVICES THROUGHOUT CITY 388331563 Invoice 01/12/2023 IRRIGATION REPAIRS AT 910 LINDEN AVENUE 12/06/22 388331564 Invoice 01/12/2023 IRRIGATION REPAIRS AT 892 LINDEN AVENUE 12/06/22 388331565 Invoice 01/12/2023 IRRIGATION REPAIRS AT 5035 WULLBRANDT WAY 12/06/22 388331626 Invoice 01/12/2023 IRRIGATION REPAIRS AT 901 LINDEN AVE 12/02/22 388331628 Invoice 01/12/2023 IRRIGATION REPAIRS AT DOWNTOWN T 12/14/22 SO CA EDISON 01/12/2023 Virtual Payment 10,057.20 APA001204 DEC22 700201069122 Invoice 01/12/2023 ELECTRICITY-101 ASH AVE DEC22 700230547624 Invoice 01/12/2023 ELECTRICITY-5103 CARPINTERIA AVE DEC22 700255596559 Invoice 01/12/2023 ELECTRICITY-100 LINDEN DEC22 700264659490 Invoice 01/12/2023 ELECTRICITY-1115 LINDEN AVE B PED DEC22 700274833982 Invoice 01/12/2023 ELECTRICITY-901 CACTUS LN EV EV DEC22 700405192484 Invoice 01/12/2023 ELECTRICITY-MULTIPLE LOCATIONS DEC22 7004 77662295 Invoice 01/12/2023 ELECTRICITY-901 CACTUS LN LGHT DEC22 700525378417 Invoice 01/12/2023 ELECTRICITY-931 WALNUT AVE & 48515TH ST DEC22 700604790697 Invoice 01/12/2023 ELECTRICITY-CAPP AV/CSTS PAS 609 SO CAL GAS 01/12/2023 Virtual Payment 11,461.97 APA001205 JAN23 006 514 2700 7 Invoice 01/12/2023 NATURAL GAS-5305 CARPINTERIA AVE APT B (POOL) JAN23 014 914 3239 7 Invoice 01/12/2023 NATURAL GAS-5103 CARPINTERIA AVE (FRIENDS OF LIBR) JAN23 016 913 9500 6 Invoice 01/12/2023 NATURAL GAS-5775 CARPINTERIA AVE (CITY HALL) JAN23 140 914 3084 4 Invoice 01/12/2023 NATURAL GAS-941 WALNUT AVE (VETS HALL) WAXIE SANITARY SUPPLY 01/12/2023 Virtual Payment 2,159.84 APA001206 81278691 Invoice 01/12/2023 TRASH CANS FOR CITY WIDE USE 3 City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

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.

J
Monthly City Treasurer's Report
January 23, 2023
Page2

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

FINANCIAL CONSIDERATIONS
Cash Statement: At November 30, 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
$ 18,544,821.61
6,064,747.67
(4,240,410.21)
$ 20,369,159.07
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 November 30
th the portfolio's average days to maturity was 2.04 years, the average coupon rate was 1.67%, the average yield to maturity was 4.36%, the par value was $10,722,000 and Market Value was $10,182,739.80.

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 June 1, 2023. \\COCSH\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Monthly City Treasurer's Report
January 23, 2023

Page 3 ends

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
\\COCSH\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx I
City Treasurer's Report

CITY OF CARPINTERIA TREASURER'S REPORT
For the Month Ended November 2022
CASH ACTIVITY FOR THE MONTH:

Cash and Investment Beginning of the Month $ 18,544,821.61 Cash Receipts 6,064,747.67
Cash Disbursements (4,240,410.21)
Cash and Investment End of the Month $ 2Q 362 I 52.Q7
CASH AND INVESTMENT PORTFOLIO:

Yield to Maturity # Days to
T:rne of Investment/Couuon/CUSIP # Institution/Issuer Maturity Date Maturity Par Value Market Value (I) Book Value {2) Demand Deposit - General Checking Montecito Bank NIA NIA NIA 604,770.80 604,770.80 604,770.80 Demand Deposit - Premier Public Money Market Montecito Bank NIA 12/1/2022 1 2,449,052.29 2,449,052.29 2,449,052.29 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 7,659.89 7,659.89 7,659.89 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 156,202.24 156,202.24 156,202.24 Demand Deposit - Money Market Charles Schwab NIA 12/1/2022 1 3,200,673.00 3,200,673.00 3,200,673.00 Local Agency Investment Fund State of California 0.22% 12/1/2022 1 3,434,562.35 3,434,562.35 3,434,562.35 Treasury Note, 2.125%, (912828N30) U.S. Government 2.24% 12/31/2022 31 161,000.00 160,672.96 160,091.79 Treasury Note, 2.375%, (912828302) U.S. Government 2.50% 1/31/2023 62 169,000.00 168,471.88 168,003.85 Treasury Note, 2.625%, (9128284A5) U.S. Government 2.60% 2/28/2023 90 171,000.00 170,251.88 171,184.09 Treasury Note, 1.5%, (9 l 2828Q29) U.S. Government 1.00% 3/31/2023 121 250,000.00 247,500.00 251,327.50 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.56% 3/31/2023 121 250,000.00 247,500.00 249,843.75 Treasury Note, 2.5%, (9128284D9) U.S. Government 0.08% 3/31/2023 121 171,000.00 169,851.09 170,243.30 Treasury Note, 0.25%, (912828ZH6) U.S. Government 1.03% 4/15/2023 136 250,000.00 246,054.68 247,820.56 Treasury Note, 1.625%, (912828R69) U.S. Government 1.87% 5/31/2023 182 250,000.00 246,328.13 249,268.63 Treasury Note, 2.625%, (9128284U 1) U.S. Government 2.84% 6/30/2023 212 100,000.00 98,859.37 99,563.57 Treasury Note, 2.75%, (912828Y61) U.S. Government 0.06% 7/31/2023 243 400,000.00 395,000.00 398,795.22 Treasury Note, 2.75%, (9128284X5) U.S. Government 0.01% 8/31/2023 274 400,000.00 394,125.00 399,721.60 Treasury Note, 2.875%, (9128285D8) U.S. Government 0.67% 9/30/2023 304 250,000.00 246,210.93 249,335.00 Treasury Note, 2.875%, (9128285K2) U.S. Government 2.20% 10/31/2023 335 250,000.00 245,742.18 252,579.39 Treasury Note, 2.75%, (912828WE6) U.S. Government 2.23% 11/15/2023 350 250,000.00 245,234.38 252,049.66 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 12/31/2023 396 250,000.00 239,492.18 249,993.47 Treasury Note, 2.5%, (912828529) U.S. Government 0.06% 1/31/2024 427 200,000.00 195,000.00 199,388.94 Treasury Note, 2.375%, (9128286GO) U.S. Government 0.78% 2/29/2024 456 200,000.00 194,53124 199,264.00 Treasury Note, 0.25%, (91282CBR1) U.S. Government 2.17% 3/15/2024 471 250,000.00 236,328.13 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S. Government 2.41% 4/30/2024 517 250,000.00 241,835.93 249,156.76 Treasury Note, 2.0%, (912828XT2) U.S. Government 1.11% 5/31/2024 548 250,000.00 240,546.88 255,107.50 Treasury Note, 3.25%, (91282CFG 1) U.S. Government 4.30% 8/31/2024 640 250,000.00 244,921.88 245,158.84 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 9/15/2024 655 250,000.00 232,617.18 245,359.46 Treasury Note, 2.125%, (9128282Y5) U.S. Government 4.31% 9/30/2024 670 250,000.00 239,960.93 239,586.84 Treasury Note, 0.625%, (91282CDB4) U.S. Government 4.14% 10/15/2024 685 250,000.00 233,164.05 233,056.64 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 12/15/2024 746 250,000.00 233,789.05 250,079.39 Treasury Note, 1.125%, (912828ZC7) U.S. Government 1.29% 2/28/2025 821 250,000.00 233,242.18 248,740.00 Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 3/31/2025 852 250,000.00 241,328.13 260,224.61 Treasury Note, 0.25%, (912828ZTO) U.S. Government 125% 5/31/2025 913 250,000.00 226,757.80 241,660.01 __L_

CITY OF CARPINTERIA TREASURER'S REPORT
For the Month Ended November 2022
Treaswy Note, 0.25%, (912828ZW3) U.S. Government 1.53% 6/30/2025 943 250,000.00 226,601.55 239,598.86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 9/30/2025 1035 250,000.00 224,882.80 240,265.00 Treasury Note, 3.0%, (912828515) U.S .. Government 4.09% 10/31/2025 l066 250,000.00 242,460.93 242,136.63 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12/31/2025 1127 250,000.00 223,789.05 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12/31/2025 1127 250,000.00 223,789.05 240,365.00 Treasury Note, 1.625%, (912828P46) U.S. Government 1.56% 2/15/2026 1173 250,000.00 231,718.75 250,595.69 Treasury Note, 0.5%, (91282CBQ3) U.S. Government 128% 2/25/2026 1183 250,000.00 223,164.05 242,113.19 Treaswy Note, 0.75%, (9 l 282CBT7) U.S. Government 1.28% 3/31/2026 1217 250,000.00 224,804.68 244,459.30 Treasury Note, 0.75%, (91282CCF6) U.S. Government 134% 5/31/2026 1278 250,000.00 223,476.55 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S. Government 1.35% 6/30/2026 1308 250,000.00 224,062.50 244,821.96 Treasury Note, 1.625%, (91282YQ7) U.S. Government 4.00% 10/31/2026 1431 250,000.00 228,984.38 227,869.30 Treasury Note, 2%, (91282U24) U.S. Government 4.31% 11/15/2026 1446 250,000.00 232,148.43 228,317.27 Treasury Note, 1.25%, (91282CDK4) U.S. Government 1.28% 11/30/2026 1461 250,000.00 225,273.43 249,602.02 Treasury Note, 2.25%, (912828V98) U.S. Government 4.29% 2/15/2027 1538 250,000.00 233,828.13 229,819.14 Treasury Note, 2.5%, (9 l 282CEF4) U.S. Government 3.96% 2/16/2027 1539 250,000.00 236,054.68 235,031.06 Treasury Note, 3.125%, (91282CFH9) U.S. Government 4.19% 8/31/2027 1735 250,000.00 242,382.80 238,232.21 20,574,920.57 20,035,660.37 20,369,159.07

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 12/01/22 through 6/01/23.

WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As ofNovwmber 30, 2022 the weighted average days to maturity of the City's investment portfolio is 2.04 years.

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

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

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

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

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

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

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

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

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

Monthly City Treasurer's Report
January 23, 2023

Page 2 ends

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

FINANCIAL CONSIDERATIONS
Cash Statement: At December 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
1 Cash Disbursements
Cash and Investment End of the Month
$ 20,369,159.07
6,089,613.11
(5,728,419.01)
$ 20,730,353.17
Investments:

At December 31
st the portfolio's average days to maturity was 1.98 years, the average coupon rate was 1.67%, the average yield to maturity was 4.40%, the par value was $10,722,000 and Market Value was $10,179,065.46.

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 July 1, 2023. \\COCSH\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Monthly City Treasurer's Report
January 23, 2023

Page 3 ends

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 December 2022
CASH ACTIVITY FOR THE MONTH:

Cash and Investment Beginning of the Month $ 20,369,159.07 Cash Receipts 6,089,613.11
Cash Disbursements (5,728,419.01}
Cash and Investment End of the Month $ 2Q 73Q 353.1 Z
CASH AND_INVESTMENT PORTFOLIO:

Yield to Maturity # Days to
Type of Investment/Coupon/CUSIP # Institution/Issuer Par Value Market Value (1) Book Value (2) Maturity Date Maturity Demand Deposit - General Checking Montecito Bank NIA NIA NIA (60,154.54) (60,154.54) (60,154 54) Demand Deposit - Premier Public Money Market Montecito Bank NIA 1/1/2023 1 3,797,687.64 3,797,687.64 3,797,687.64 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 8,695.34 8,695.34 8,695.34 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 6,202.24 6,202.24 6,202.24 Demand Deposit - Money Market Charles Schwab NIA 1/1/2023 1 3,027,121.64 3,027,121.64 3,027,121.64 Local Agency Investment Fund State of California 0.22% 1/1/2023 I 3,434,562.35 3,434,562.35 3,434,562.35 Treasury Note, 2.125%, (912828N30) U.S. Government 2.24% 12/31/2022 0 161,000.00 161,000.00 160,091.79 Treasury Note, 2.375%, (912828302) U.S. Government 2.50% 1/31/2023 31 169,000.00 168,709.52 168,003.85 Treasury Note, 2.625%, (9128284A5) U.S. Government 2.60% 2/28/2023 59 171,000.00 170,465.63 171,184.09 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.00% 3/31/2023 90 250,000.00 248,203.12 251,327.50 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.56% 3/31/2023 90 250,000.00 248,203.13 249,843.75 Treasury Note, 2.5%, (9128284D9) U.S. Government 0.08% 3/31/2023 90 171,000.00 170,171.71 170,243.30 Treasury Note, 0.25%, (912828ZH6) U.S. Government 1.03% 4/15/2023 105 250,000.00 246,953.13 247,820.56 Treasury Note, 1.625%, (912828R69) U.S. Government 1.87% 5/31/2023 151 250,000.00 246,992.18 249,268.63 Treasury Note, 2.625%, (9128284U I) U.S. Government 2.84% 6/30/2023 181 100,000.00 99,046.87 99,563.57 Treasury Note, 2.75%, (912828Y61) U.S. Government 0.06% 7/31/2023 212 400,000.00 395,625.00 398,795.22 Treasury Note, 2. 75%, (9 I 28284X5) U.S. Government 0.01% 8/31/2023 243 400,000.00 394,875.00 399,721.60 Treasury Note, 2.875%, (9128285D8) U.S. Government 0.67% 9/30/2023 273 250,000.00 246,796.88 249,335.00 Treasury Note, 2.875%, (9128285K2) U.S. Government 2.20% 10/31/2023 304 250,000.00 246,210.93 252,579.39 Treasury Note, 2 75%, (912828WE6) U.S. Government 2.23% 11/15/2023 319 250,000.00 245,703.13 252,049.66 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 12/31/2023 365 250,000.00 240,351.55 249,993.47 Treasury Note, 2.5%, (912828529) U.S. Government 0.06% 1/31/2024 396 200,000.00 195,250.00 199,388.94 Treasury Note, 2.375%, (9128286G0) U.S. Government 0.78% 2/29/2024 425 200,000.00 194,781.24 199,264.00 Treasury Note, 0.25%, (91282CBRI) U.S. Government 2.17% 3/15/2024 440 250,000.00 237,031.25 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S Government 2.41% 4/30/2024 486 250,000.00 242,070.30 249,156.76 Treasury Note, 2.0%, (912828XT2) U.S. Government I.I 1% 5/31/2024 517 250,000.00 240,859.38 255,107.50 Treasury Note, 3.25%, (91282CFG1) U.S. Government 4.30% 8/31/2024 609 250,000.00 244,843.75 245,158.84 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 9/15/2024 624 250,000.00 232,929.68 245,359.46 Treasury Note, 2.125%, (9128282Y5) U.S. Government 4.31% 9/30/2024 639 250,000.00 239,804.68 239,586.84 Treasury Note, 0.625%, (91282CDB4) U.S. Government 4.14% 10/15/2024 654 250,000.00 233,398.43 233,056.64 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 12/15/2024 715 250,000.00 233,906.25 250,079.39 Treasury Note, I.I 25%, (912828ZC7) U.S. Government 1.29% 2/28/2025 790 250,000.00 233,320.30 248,740.00 Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 3/31/2025 821 250,000.00 240,742.18 260,224.61 Treasury Note, 0.25%, (912828ZT0) U.S. Government 1.25% 5/31/2025 882 250,000.00 226,796.88 241,660.01

CITY OF CAR PINT ERIA TREAS UR ER'S REPORT
For the Month Ended December 2022
Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 6/30/2025 912 250,000.00 226,406.25 239,598.86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 9/30/2025 1004 250,000.00 224,414.05 240,265.00 Treasury Note, 3.0%, (912828515) U.S. Government 4.09% 10/31/2025 1035 250,000.00 241,445.30 242,136.63 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12/31/2025 1096 250,000.00 223,281.25 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12/31/2025 1096 250,000.00 223,281.25 240,365.00 Treasury Note, 1.625%, (9 l 2828P46) U.S. Government 1.56% 2/15/2026 1142 250,000.00 231,132.80 250,595.69 Treasury Note, 0.5%, (9 l 282CBQ3) U.S. Government 1.28% 2/25/2026 1152 250,000.00 222,695.30 242,113.19 Treasury Note, 0. 75%, (9 l 282CBT7) U.S. Government 1.28% 3/31/2026 1186 250,000.00 224,062.50 244,459.30 Treasury Note, 0. 75%, (9 l 282CCF6) U.S. Government 1.34% 5/31/2026 1247 250,000.00 222,929.68 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S. Government 1.35% 6/30/2026 1277 250,000.00 223,437.50 244,821.96 Treasury Note, 1.625%, (91282YQ7) U.S. Government 4.00% 10/31/2026 1400 250,000.00 228,125.00 227,869.30 Treasury Note, 2%, (91282024) U.S. Government 4.31% 11/15/2026 1415 250,000.00 231,054.68 228,317.27 Treasury Note, 1.25%, (9 l 282CDK4) U.S. Government 1.28% 11/30/2026 1430 250,000.00 224,218.75 249,602.02 Treasury Note, 2.25%, (912828V98) U.S. Government 4.29% 2/15/2027 1507 250,000.00 232,500.00 229,819.14 Treasury Note, 2.5%, (91282CEF4) U.S. Government 3.96% 2/16/2027 1508 250,000.00 234,570.30 235,031.06 Treasury Note, 3.125%, (91282CFH9) U.S. Government 4.19% 8/31/2027 1704 250,000.00 240,468.75 238,232.21 20,936,114.67 20,393,180.13 20,730,353.17

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.

WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As of December 31, 2022 the weighted average days to maturity of the City's investment portfolio is 1.98 years.

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

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

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

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

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

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

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

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of November 22, 2022 through January 16, 2023.

STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of November 22, 2022 through January 16, 2023.

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 November 22, 2022 through January 16, 2023.

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
January 23, 2023

Page 2 ends

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 November 22, 2022 through January 16, 2023.

VENDOR PURPOSE AMOUNT
Bob's Backhoe & Trucking Construction and Remove the $25,000 Carpinteria Winter Protection Berm
Showers of Blessing Mobile Shower Service for Homeless $0.00 Department of the Army (U.S. Carpinteria Shoreline Feasibility Study $0.00 Army Corps of Engineers)
Cannon Corporation Preparation of National Flood $4,014 Insurance Program Community
Ranking System Application
(Amendment No. 1 to City Manager
Aqreement No. A2021-015)
NGU Drone Photography Skate Park Project Drone Video $5,110 Construction Progress
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
JANUARY 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Quarterly Review of Pension Stabilization Trust.

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

BACKGROUNG/DISCUSSION
The purpose of the Pension Stabilization Trust is to accumulate, hold, and distribute pension plan assets for the exclusive benefit of retiree pensions within the meaning of IRS Code Section 115. Plan assets are irrevocable and may not be used for any purpose other than the purpose of the Trust. Withdrawal of plan assets is not permitted except to transfer to another trust or to reimburse the City for pension costs paid.

The City's primary objective in establishing the Pension Trust is to control long term costs and volatility on the annual operating budget. The trust provides more flexibility for the City to both level out contributions and mitigate year-to-year contribution volatility.

Plan contributions transfer assets to the Trust, and accordingly, plan assets are not carried on the City's books and are not subject to the City's investments policy.

Discretionary Trustee Benefit Trust Company (BTC), with the advice of Morgan Stanley Wealth Management Consulting Group, actively manage plan assets consistent with the Investment Policy Statement. The City's individual trust account is part of a larger Multiple Employer Trust administered by Keenan Financial Services and BTC, referred to as the California Public Entity Pension Stabilization Trust. BTC also provides the City with monthly, quarterly (attached), and annual statements-of-activity of the City's account. The Pension Stabilization Trust utilizes a Board of Authority that provides management and oversight of the Trust with participation by one individual per public Quarterly Review of the Pension Stabilization Trust
January 23, 2023

Page 2 ends

agency. The fees are asset-based, paid monthly, deducted directly from the Trust account, and total 30 bps
1 annually. This is competitive with other comparable plans.

POLICY CONSISTENCY
This matter concerns actions aimed at improving the City's long-term financial position and is consistent with the City's fiduciary responsibilities and goal to deliver services that meet community needs in an efficient and effective manner.

The purpose of this quarterly review is to report the portfolio summary of the City of Carpinteria Pension Stabilization Trust account.

FINANCIAL CONSIDERATIONS
Portfolio Summary:

At December 31, 2022, the City held investments as shown in the table below.

Table 1
Beginning Value
Net Withdrawals
Interest
Dividends
Change in Market Value
Management Fees
Vear to Date (YTD)
$1,357,963.66

0.00 0.00
44,640.68
(300,247.51)
(3,547.78)
Ending Value $1,098,809.05
Market Value
Fixed Income
Equities
Alternatives 52,409.78 4.8% · ·,( . -. ,
-----------------'------- Tot a I Account $1,098,809.05 100.0%.

Asset
Allocation
731,495.19 66.6%
314,904.08 28.7%
Inception date: 6/30/18
YTD: 1/1/2022 - 12/31/2022
Investments:

At December 31
st the portfolio's estimated market value was $1,098,809.05 quarter to date (net of fees) of 4.10%, year to date (net of fees) of -19.06%, last 12 months (net of 1 Basis points pertain to interest rates. One basis point is equal to one one-hundredth of one percentage point (0.01%). Therefore, 100 basis points would be equivalent to 1%. \\COC5H\GDrive\Admin Services\Licette\Pension Stabilization Trust\Staff Reports\Pension Stabilization Trust Quarterly report.docx
Quarterly Review of the Pension Stabilization Trust
January 23, 2023

Page 3 ends

fees) -19.06%, and inception to date (net of fees) of 1.09%. Attached for City Council review is the statement from Benefit Trust as of December 31, 2022.

An initial deposit of $1 million dollars was invested June 30, 2018. A second deposit of $52,900 was made September 18, 2018 and the third budgeted deposit of $76,850 was made on January 15, 2020. There was a disbursement of $64,031 for FY 2021 and $28,666 for FY 2022 on October 13, 2021.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The establishment of the Pension Stabilization Trust Fund is being developed consistent with Section 115 of the Internal Revenue Code. Establishment of the Irrevocable Pension Stabilization Trust Fund mitigates financial risk associated with expected increases in the CalPERS pension rates over the next decade.

ATTACHMENTS
A. December 31 , 2022 Performance Report
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Signature
\\COC5H\GDrive\Admin Services\Licette\Pension Stabilization Trust\Staff Reports\Pension Stabilization Trust Quarterly report.docx

ATTACHMENT A

CITY OF CARPINTERIA CA-MUNI-PST

BENEFIT TRUST ACCOUNT

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6188, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.

STAFF RECOMMENDATION
'
Adopt Resolution No. 6188, authorizing continued remote teleconference meetings of the City Council and Boards, Committees, and Commissions for a period of 30 days.

Sample Motion: I move to adopt Resolution No. 6188, as read by title only.

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

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

The purpose of this agenda matter is for the Council to consider making certain findings necessary in order to authorize continued teleconference meetings of the City Council and Boards, Committees, and Commissions.

AB 361 Findings - Remote Teleconference Meetings
January 23, 2023

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

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

Since last month the case positivity rate has increased, staff recommends the Council reconsider the safety and procedural issues involved in holding teleconferenced meetings pursuant to AB 361 and adopt Resolution No. 6188, authorizing virtual or hybrid attendance of meetings through February 22, 2023.

Through January 12, 2023, the community risk level in the county is ranked as "low," as defined by the Centers of Disease Control and Prevention and the Santa Barbara County Public Health Department reports an increase in virus transmission in the community. The total number of new weekly reported cases per 100,000 people in the county through January 12, 2023 is 129.23, compared to 105.26 on January 5, 2023.

The Santa Barbara County Public Health Department recommends utilizing teleconferencing options for public meetings as an effective social distancing measure to facilitate participation in public affairs and encourages participants to protect themselves and others from the COVI 0-19 disease 1.

In addition, California has experienced significant rain fall and flooding in recent weeks.

The Governor proclaimed a State of Emergency related a series of winter storm events on January 4, 2023. The County also issued evacuation and shelter in place orders for portions of the county including areas of the City. The National Weather Service further predicted significant additional precipitation, flash flooding, beach hazards and wind advisories for January 9, 2023. These weather conditions promote the need to have a teleconference meeting on January 9, 2023 and other times in which inclement weather ; may pose a public safety risk to meet in-person.

AB 361, which amended Government Code Section 54953, will sunset on January 1, 2024. On September 13, 2022, the Governor signed into law Assembly Bill 2449 (AB 2449) which amends the Brown Act to allow members of a legislative body to teleconference under specified circumstances. AB 2449 is effective January 1, 2023 to January 1, 2026. Under AB 2449, if a quorum of the legislative body participates inperson from a single open and public location that is identified on the agenda, the other members may participate remotely for "just cause" or in "emergency circumstances" without having to comply with the traditional Brown Act teleconferencing rules. 1 Health Officials AB 361 Social Distance Recommendation Issued on September 1, 2022 by the Santa Barbara County Public Health Department (See Exhibit 1 of attached Resolution No. 6188).

G:\FIDE_LA\CITY COUNCIL\STAFF REF:ORT\2023\01-23-23\AB 361\Staff Report.docx AB 361 Findings - Remote Teleconference Meetings
January 23, 2023

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"Just cause" is identified as any of the following: (i) providing childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely; (ii) a contagious illness that prevents a member from attending in-person; (iii) a need related to a physical or mental disability as defined by statute; or (iv) travel while on official business of the legislative body. Teleconferencing for the "just cause" reason may not be used more than two meetings per calendar year. "Emergency circumstances" is defined as a physical or family medical emergency that prevents a member from attending in-person. The teleconferencing member must make a request that the ,legislative body approve an "emergency circumstances" reason for attending the meeting remotely, which must be agendized and approved by a majority vote.

Regardless of which reason is raised, teleconferencing members must participate through both audio and visual technology and they must publicly disclose at the meeting before any action is taken, whether any other individuals 18 years or older are present in the room at the remote location with the member, and the general nature of the member's reiationship with any such individuals. In addition, if there is a disruption that prevents the broadcasting of the meeting to members of the public using a call-in option or internet-based service option, the meeting must be paused until the meeting is broadcast again. Teleconferencing may not be used for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year.

The City Council adopted Resolution No. 6142 on June 27, 2022, Resolution No. 6149 on July 25, 2022, Resolution No. 6155 on August 15, 2022, Resolution No. 6159 on September 12, 2022, Resolution No. 6163 on October 10, 2022, Resolution No. 6170 on October 24, 2022, Resolution No. 6173 on November 14, 2022, Resolution No. 6181 on December 12, 2022, and Resolution No. 6185 on January 9, 2023 finding the requisite conditions exist for the council and subordinate boards, committees and commissions to conduct teleconference meetings under California Government Code Section 54953( e). ·
City staff recommends the City Council adopt the attached Resolution to authorize the continued use of remote teleconference meetings of the City Council and Boards, Committees, and Commissions.

POLICY CONSISTENCY
Review of this matter and direction to staff would align with the City's strategic goal of good governance.

G:\FIDELA\CITY COU~9IL\STAFF REPORT\2023\01-23-23\AB 361\Staff Report.docx AB 361 Findings - Remote Teleconference Meetings
January 23, 2023

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

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Failing to adopt Resolution No. 6188 would require meetings to be held only in person under traditional Brown Act parameters. Adopting the Resolution would give the City flexibility as it moves forward with meetings over the next 30 days.

OPTIONS

1. Adopt Resolution No. 6188, authorizing remote teleconference meetings of the City Council and Boards, Committees, and Commissions.

2. Decline to adopt Resolution No. 6188. Not taking action to extend authorization for remote teleconference Council meetings under AB 361 would mean the City Council would be limited to remote participation pursuant to requirements of the Brown Act.

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

ATTACHMENTS
Attachment A: Resolution No. 6188
Staff contact: Brian C. Barrett, City Clerk
(805) 755-4403; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
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January 23, 2023

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ATTACHMENT A
Resolution No. 6188
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January 23, 2023

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G:\FIDELA\CITY COUNCIL\STAFF REPORT\2023\01-_?3-23\AB 361\Staff Report.docx RESOLUTION NO. 6188

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA RENEWING AUTHORIZATION FOR CONTINUED

TELECONFERENCE MEETINGS
WHEREAS, the City of Carpinteria is committed to preserving and nurturing public access and participation in meetings of the City Council; and WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of State of Emergency in response to the COVID-19 pandemic, which Proclamation remains in effect; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N29-20, modifying the teleconferencing rules set forth in the Brown Act, Government Code Sections 54950 et. seq., subject to compliance with certain requirements; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21, providing that the modifications to the teleconferencing rules under the Brown Act would remain in place through September 30, 2021; and
WHEREAS, on September 1, 2022, the Santa Barbara County Public Health Department continued to recommend utilizing teleconferencing options for public meetings as an effective social distancing measure as set forth in a document entitled "Health Officials AB 361 Social Distance Recommendation", attached hereto as Exhibit 1 and incorporated herein; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361), which modified the Brown Act to provide that a legislative body may continue to meet under modified teleconferencing rules if the meeting occurs during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, COVID-19 continues to threaten the health and lives of Carpinteria residents notwithstanding the County's vaccination rates, with Santa Barbara County considered to have low community risk level as of January 12, 2023, according to the Centers for Disease Control and Prevention; and
Resolution No. 6188

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WHEREAS, on September 28, 2021, the Santa Barbara County Public Health Department recommended utilizing teleconferencing options for public meetings as an effective social distancing measure; and
WHEREAS, the City Council adopted Resolution No. 6142 on June 27, 2022, Resolution No. 6149 on July 25, 2022, Resolution No. 6155 on August 15, 2022, Resolution No. 6159 on September 12, 2022, Resolution No. 6163 on October 10, 2022, Resolution No. 6170 on October 24, 2022, Resolution No. 6173 on November 14, 2022, Resolution No. 6181 on December 12, 2022, and Resolution No. 6185 on January 9, 2023 authorizing remote teleconference meetings of the City Council and Boards, Committees, and Commissions; and
WHEREAS, California has been and continues to experience significant winter storm events that pose significant public health and safety risks to the public due to flooding, beach hazards and sever winds; and
WHEREAS, Governor Newsom issued a Proclamation of a State of Emergency on January 4, 2023 in response to the significant winter storms; and WHEREAS, on January 9, 2023, the County issued evacuation and shelter in place orders for portions of the County, including areas of the City. The National Weather Service further predicted significant additional precipitation, flash flooding, beach hazards and wind advisory in the County that impact the ability of the public to meet in person; and
WHEREAS, in the interest of public health and safety, and in response to the local recommendation for measures to promote social distancing, the City Council finds it necessary to invoke the provisions of Government Code Section 54953 related to teleconferencing; and
WHEREAS, the City Council has reconsidered the circumstances of the State of Emergency declared by Governor Newsom and finds that the State of Emergency continues to warrant the option of teleconferencing for the City Council and Boards, Committees, and Commissions.

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

NOW, THEREFORE, BE IT RESOLVED as follows:

Resolution No. 6188

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

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

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

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

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

PASSED, APPROVED AND ADOPTED on the 23rd day of January, 2023, 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
Resolution No. 6188
Page4
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on January 23 2023.

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

Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Resolution No. 6188

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EXHIBIT 1 TO RESOLUTION NO. 6188
Resolution No. 6188

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Santa Barbara County
PUBucHealth Public Health Administration
DEPARTMENT 300 North San Antonio Road • Santa Barbara, CA 93110-1316 805/681-5100 • FAX 805/681-5191
Daniel L B. Nlelson, MPA Interim Director
Suzanne Jacobson, CPA Chief Financial Officer
Paige Batson, MA, PHN, RN Deputy Director
Darrin Eisenbarth Deputy Director
Dana Gamble, LCSW Deputy otrector
Hanning Ansorg, MD Health Officer
September 1 , 2022
HEALTH OFFICIALS AB 361 SOCIAL DISTANCE

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

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

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

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

Henning Ansor
Public Health O r
County of Santa Barbara
~ Dani I Nielson, MPA
Public Health Interim Director
County of Santa Barbara
Healthy people, healthy community, healthy environment.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Rescheduling a special meeting of the City Council for consideration of the Annual Work Plan from January 28 to January 30, 2023.

STAFF RECOMMENDATION
Reschedule the special City Council meeting for consideration of the Annual Work Plan, to be held from 4:00 pm to approximately 8pm, on Monday, January 30, 2023.

Sample Motion: I move to reschedule the special City Council meeting for consideration of the Annual Work Plan, to be held from 4 p.m.to approximately 8pm, Monday, January 30, 2023.

BACKGROUND
Each year in late January, the City Council, City Manager and staff Department Heads assemble at a noticed public meeting to discuss strategic issues and the Annual Work Plan. This year the City Council approved holding the special meeting on Saturday, January 28, 2023, from 8:00 am to approximately 12:00 pm, in the Council Chambers.

Mayor Clark and Councilmember Alarcon subsequently requested that the Council consider rescheduling the meeting. At the regular Council meeting of January 9, 2023, the Council directed that an agenda matter be set to reschedule the special meeting to January 30, 2023 from 4:00 pm to approximately 8:00 pm, in the Council Chambers.

The basis for the request is a conflict that has developed affecting Councilmember Alarcon's ability to participate on January 28. Councilmember Alarcon has been accepted into the HOPE Leadership Institute, a statewide leadership program. The program runs for ten successive weekends and is specifically designed for professional Latinas in California. The goal of the Institute is to train Latinas in vital leadership and advocacy skills, enabling them to create fundamental change within their local neighborhoods and across California. Information about HOPE and its Leadership Institute can be found here: https://www.latinas.org/about Consideration of Rescheduling the Annual Work Program Special Meeting January 23, 2923

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The purpose of this agenda matter is to allow for the Council to take action necessary to reschedule a special meeting for consideration of the Annual Work Plan.

Di'SCUSSION
The Annual Work Plan document is the primary document that guides new or significantly modified staff work for the coming year. The document includes a brief description of all Departments, including a mission statement, and detailed information about each Department's proposed work. Each proposed work item in the Plan includes a project description, objective and policy description, description of previous and ongoing work, list of work tasks and products, estimated completion date, financial and staffing requirements, department responsibilities and funding sources.

The Annual Work Plan also includes the identification of strategic issues facing the City, a discussion of the proposed approach to addressing these issues, and implementation measures set out through the Plan.

Deferring the meeting one week to February 4, as proposed, will not have significant impact on carrying out work initiatives included in the Annual Work Plan

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The Annual Work Plan meeting is a special meeting of the City Council pursuant to Carpinteria Municipal Code section 2.04.020, and staff is seeking the City Council's agreement to reschedule the meeting for Monday, January 30, 2023, from 4:00 pm to approximately 8:00 pm. The meeting is open to the public and will be noticed by publishing an advertisement in the newspaper, posting the agenda and making the agenda materials available in advance of the meeting through the City Clerk's office and the City website. The Annual Work Plan meeting is conducted in a workshop format and is not televised or live streamed.

The Annual Work Plan includes projects and programs, or changes to them, as needed to implement certain recommendations of the City's most recent Risk Management Evaluation.

POLICY CONSIDERATIONS
Conducting the Annual Work Plan meeting at a time and place where the Councilmembers, staff and the public can dedicate a significant block of time for discussion of this important work is helpful to the strategic and work planning deliberation process. Setting a special meeting date that allows for this time can be found consistent with the City's interest in promoting good governance, including efficient use of public resources and encouraging public participation.

G:\DAVE\CityCouncil\S-Annual Work Program 2023_reschedule.docx Consideration of Rescheduling the Annual Work Program Special Meeting January 23, 2023

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FINANCIAL CONSIDERATIONS
The Annual Work Plan is an important precursor to the drafting of the budget for the coming fiscal year, i.e., July 1, 2023 through June 30, 2024. Through the budget process, which typically begins in March with Finance Committee meetings on the budget and concludes in June with the adoption of the budget by City Council, it will be determined what projects and programs are to be funded, and the basis for determining program/service effectiveness (performance measurement).

Staff contact: Dave Durflinger, City Manager
(805 755-4400), [email protected]
G:\DAVE\CityCouncil\S-Annual Work Program 2023_reschedule.docx City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Second Reading of Ordinance No. 762, Amending Sections 1.04.140(F) and 10.04.080 of the Carpinteria Municipal Code Pertaining to Holidays

STAFF RECOMMENDATION
Adopt Ordinance No. 762 (second reading).

Sample Motion: I move to adopt Ordinance No. 762.
(This motion requires a roll call vote.)

BACKGROUND
As a general law city, the City of Carpinteria is governed by California Government Code. Section 6700 of the California Government Code designates the days that are holidays in the State of California. Section 6702 of the Government Code provides that City offices shall be closed on designated State holidays unless otherwise provided by City charter, ordinance, or resolution. The Carpinteria Municipal Code provisions concerning City holidays are found at Section 1.04.140, Definitions of the General Provisions Title, and at Section 10.04.080, Holidays, of the Vehicles and Traffic Title.

The definition of Holiday applies to all references to holidays that are a part of the Municipal Code, except those defined more specifically in Title 10. The holidays listed in City's Vehicles and Traffic apply only to those Title 10 provisions. On May 10, 1971, the Council adopted Ordinance No. 106, which amended Section 3107 of Ordinance No. 21 pertaining to the holidays listed in Title 10, Vehicles and Traffic.

Holidays included in Ordinance No. 106 are:
• New Year's Day (January pt),
• Lincoln's Birthday (February 12),
• Washington's Birthday (Third Monday in February),
• Memorial Day (last Monday in May),
Ordinance No. 762- Pertaining to Holidays
January 23, 2023

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• Independence Day (July 4
th
),
• Labor Day (First Monday in September),
• Admission Day (September 9
th
),
• Columbus Day (Second Monday in October),
• Veterans Day (Fourth Monday in October),
• Thanksgiving Day (Fourth Thursday in November), and
• Christmas Day (December 25
th
). 1
Ordinance No. 106 also spells out that if New Year's Day, Lincoln's Birthday, Independence Day, Admission Day, or Christmas Day fall on a Sunday, the Monday following is a holiday.

At its meeting of January 9, 2023, the Council approved the first reading of Ordinance No. 762, pertaining to holidays; adopted Resolution No. 6184, updating and approving the holiday schedule to reflect current state law and City Council direction; and approved the December 2023 holiday schedule.

The purpose of this agenda matter is for the Council to consider the second reading and adoption of Ordinance No. 762, amending the Municipal Code to (a) redefine Holiday under the General Provisions to mean those days established by federal and state law and by resolution of the City Council and (b) remove the list of holidays from Title 10, Vehicles and Traffic, of the Municipal Code.

DISCUSSION
Staff has determined that two separate Municipal Code definitions of Holidays is unnecessary and conducive to confusion and/or misapplication. Also, the current list of holidays included in the Municipal Code is out of date and establishing that official City holidays be approved by resolution will help to ensure that the list of holidays is kept up to date. Finally, in addition to updating the recognized holidays to reflect current federal and state law, the City Council has previously requested an opportunity to establish the Juneteenth Holiday on June 19
th of each year.

Ordinance No. 762. Ordinance No. 762, if adopted, will amend the Municipal Code regarding the determination of holidays. Two sections, Section 1.04.140(F), and Section

10.04.080, would be changed. Section 10.04.080, Holidays, currently reads as follows:

10.04.080 - Holidays.

Within the meaning of this title, holidays are the first day of January (New Year's Day), the twelfth day of February (Lincoln's Birthday), the third Monday of February (Washington's Birthday), the last Monday of May (Memorial Day), the fourth day of July (Independence Day), the first Monday in September (Labor Day), the ninth day of September (Admission Day), the second Monday of October (Columbus Day), the fourth Monday of October (Veterans Ordinance No. 762- Pertaining to Holidays
January 23, 2023

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Day), the fourth Thursday of November (Thanksgiving Day) and the twentyfifth day of December (Christmas Day). If the first day of January, twelfth day of February, the fourth day of July, the ninth day of September or the twentyfifth day of December falls on a Sunday, the Monday following is a holiday.

Ordinance 762 would delete Section 10.04.080 in its entirety resulting in Section

1.04.140(F), applying to all references to' holidays that are a part of Title 10, Vehicles and Traffic.

Section 1.04.140(F), Holidays, would be amended to redefine Holiday. The current and proposed section read as follows:

Current:

F. "Holiday'' means and includes all holidays recognized by federal or state regulations, except as such regulations are modified by city ordinance. The term does not include Saturday afternoon where such Saturday is not otherwise a recognized holiday.

Proposed: ,__
F. "Holiday" means and includes all holidays recognized by federal or state regulations, except as such regulations are modified by city council resolution.

Resolution No. 6184. Resolution No. 6184 lists the updated holiday schedule, including the addition of the Juneteenth holiday. The Council requested an opportunity to establish as a holiday at an earlier Council meeting.

Juneteenth (June 19
th
) refers to June 19, 1865 when Union General Gordon Granger led troops into Galveston, Texas to announce the end of the Civil War and the institution of slavery to the last slaves who learned of their liberation. 1 On June 18, 2021, the
United States Congress approved a bipartisan bill to approve June 19 th as "Juneteenth
National Independence Day" to be observed as a legal public holiday, and the bill was signed into law by President Biden on June 17, 2021. The following day, California Gavin Newsom issued a Proclamation Declaring June 19, 2021 as "Juneteenth National Freedom Day: A Day of Observance" in the State. In turn, Assembly Bill 1655, which amended Government Code Section 6700 to include Juneteenth to the list of State holidays, was approved by the Governor and filed with the Secretary of State on September 29, 2022.

Per the current Memorandum of Understanding with the Service Employees International Union, Local 620, and the Conditions of Employment for Management and Miscellaneous Employees, the City observes the following holidays:
1 From Proclamation issued by California Governor Gavin Newsom on June 18, 2021.

Ordinance No. 762- Pertaining to Holidays
January 23, 2023

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Holiday Date of Holiday*
New Year's Day January 1
st
Dr. Martin Luther KinQ Jr. Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
th
Juneteenth June 19
th
Labor Day First Monday in September
Veteran's Day November 11
th
Thanksgiving Day Fourth Thursday in November
Friday following Thanksgiving Day Fourth Friday in November Christmas Day December 25
th
Day before or after Christmas December 24
th or December 26th or as
approved by City Council
Day before or after New Year's Day December 31
st or January 2
nd or as
approved by City Council
It has also been the City's practice that whenever a recognized holiday falls on a Saturday or Sunday, the City will observe the holiday on the preceding Friday or following Monday, respectively. Resolution No. 6184, would establish this list of holidays and the practice regarding holidays that fall on a weekend as the official holidays of the City. Also, the Resolution would establish that public offices are closed on designated holidays but that the City Manager may determine when and which services are to be provided on a holiday. In addition to City Hall, the Community Pool and Library are closed on designated holidays while public safety services such as law enforcement and lifeguarding, and certain maintenance services, continue to be provided.

The designated Christmas and New Year holidays, as proposed in Resolution No. 6184, and reflected in the labor agreement and conditions of employment and past City practice, are flexible as to observance the day before or after December 25 and January

1. Staff has determined the following arrangement (see below) of the December 2023 Christmas and New Year holidays to reflect the designated holidays included in Resolution 6184 and needs of the City.

POLICY CONSISTENCY
The proposed ordinance can be found consistent with the City's interest in establishing clear and efficient Municipal Code regulations. The proposed holiday schedule has been drafted for consistency with approved labor agreements and conditions of employment.

Ordinance No. 762- Pertaining to Holidays
January 23, 2023

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FINANCIAL CONSIDERATIONS
There is no direct financial impact should the City observe Juneteenth as an additional holiday.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Adoption 0f Ordinance No. 762 is consistent with California Government Code Section 6702.

OPTIONS

1. Adopt Ordinance No. 762 (second reading). (Staff recommendation)

2. Amend Ordinance No. 762 and adopt.

3. Decline to adopt Ordinance No. 762 and direct staff as determined appropriate.

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

ATTACHMENTS
A. Ordinance No. 762
B. Adopted Resolution No. 6184
Staff contact: Brian C. Barrett, City Clerk
(805) 755-4403; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Ordinance No. 762- Pertaining to Holidays
January 23, 2023

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Ordinance No. 762- Pertaining to Holidays
January 23, 2023

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ATTACHMENT A
Ordinance No. 762
Ordinance No. 762- Pertaining to Holidays
January 23, 2023

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ORDINANCE NO. 762

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA AMENDING SECTIONS 1.04.140(F) AND 10.04.080 OF

THE CARPINTERIA MUNICIPAL CODE PERTAINING TO HOLIDAYS
WHEREAS, Section 6700 of the California Government Code designates the days that are holidays in the State of California ("State"); and WHEREAS, Section 6702 of the California Government Code provides that City offices shall be closed on designated State holidays unless otherwise provided by City ordinance or resolution; and
WHEREAS, on June 13, 1966, the City Council adopted Ordinance No. 21, adopting the Municipal Code of the City of Carpinteria; and WHEREAS, On May 10, 1971, the City Council adopted Ordinance No. 106, amending Section 3107 of Ordinance No. 21 pertaining to holidays.

WHEREAS, the City Council wishes to amend sections of the Carpinteria Municipal Code in relation to holidays.

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

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

SECTION 2. AMENDMENT TO SECTION 1.04.140 (DEFINITIONS) OF TITLE 1 (GENERAL PROVISIONS)
Section 1.04.140(F) is hereby amended to read as follows:

1.04.140(F) "Holiday" means and includes all holidays recognized by federal or state regulations, except as such regulations are modified by city council resolution.

SECTION 3. AMENDMENT TO SECTION 10.04.080 (HOLIDAYS) OF TITLE 10 (VEHICLES AND TRAFFIC)
Section 10.04.080 is deleted in its entirety.

SECTION 4. EFFECTIVE DATE
Ordinance No. 762

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Pursuant to California Government Code Section 36937, this Ordinance shall take effect and be in force and effect thirty (30) days from and after its passage; and before the expiration of fifteen (15) days of its passage shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View, a newspaper of general circulation, published in the City of Carpinteria, County of Santa Barbara.

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

SECTION 6. CEQA EXEMPTION
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines §15060(c)(3) (this activity is not a "project" as defined in § 15378 and § 15060( c)(2) (this activity will not result in a direct or reasonably foreseeable change in the environment).

SECTION 7. CLERK CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Ordinance.

PASSED, APPROVED AND ADOPTED on the 23
rd day of January, 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
Ordinance No. 762

Page 3 ends

I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 23, 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
Ordinance No. 762- Pertaining to Holidays
January 23, 2023

Page 9 ends

ATTACHMENT B
Adopted Resolution No. 6184
Ordinance No. 762- Pertaining to Holidays
January 23, 2023

Page 10 ends

THIS PAGE LEFT INTENTIONALLY BLANK
•
RESOLUTION NO. 6184

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA DESIGNATING HOLIDA VS ON WHICH CITY OF

CARPINTERIA PUBLIC OFFICES SHALL BE CLOSED
WHEREAS, Section 6700 of the California Government Code designates the days that are holidays in the State of California ("State"); and WHEREAS, Section 6702 of the California Government Code provides that City offices shall be closed on designated State holidays unless otherwise provided by City ordinance or resolution; and
WHEREAS, the City Council desires and deems it to be in the public interest and consistent with provisions of the Carpinteria Municipal Code to designate certain holidays as described in Exhibit A, attached hereto.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. The dates included in the attached Exhibit A are recognized as City Holidays and incorporated herein by this reference. Whenever a _recognized holiday falls on a Saturday or Sunday, the City will observe the holiday on the preceding Friday or following Monday, respectively.

SECTION 3. Consistent with state law, City offices shall be closed on designated holidays while the City Manager may determine that certain services are necessary to be provided on holidays and make appropriate arrangements for their delivery.

SECTION 4. The holidays designated by this Resolution are intended to be consistent with and shall not be interpreted to supersede provisions that are part the approved labor agreement and conditions of employment.

SECTION 5. The City Manager is directed to make the holiday schedule available to all City employees and to the public through means such as the City website.

SECTION 6. This Resolution shall be effective as of February 23, 2023.

PASSED, APPROVED AND ADOPTED on the 9
th day of January, 2023, by the
following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Lee, Nomura, Solorzano, Alarcon, Clark
None
None
None
•
Resolution No. 6184

Page 2 ends

i
I
Mayor, City of
ATTEST:
~BrianC.Barre&
tt,7c
~
MC, 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 January 9, 2023. ~BrianC73arre~MG,CPMc
City Clerk, City of Carpinteria
APPROVED AS TO FORM{
Exhibit A to Resolution No. 6184
City Recognized Holidays
Holiday Date of Holiday*
New Year's Dav Januarv 1
st
Dr. Martin Luther King Jr. Day Third Monday in January
President's Day Third Monday in February
Memorial Dav Last Monday in May
Juneteenth June 19
th
Independence Dav July 4
th
Labor Day First Monday in September
Veteran's Day November 11
th
Thanksgiving Day Fourth Thursday in November
Friday following Thanksuivinu Dav Fourth Friday in November Christmas Dav December 25
th
Day before or after Christmas December 24
th or December 26
th or as
approved bv City Council
Day before or after New Year's Day December 31
st or January 2nd or as
approved by City Council
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6189, extending the emergency proclamation in response to the January 2023 storms and related emergency response.

STAFF RECOMMENDATION

1. Adopt Resolution extending the emergency proclamation related to the January 2023 storms and related emergency response, pursuant to Government Code Sections 8558 and 8630, et seq., and Chapter 2.40 of the Carpinteria Municipal Code; and,

2. Direct City staff to return at least every 30 days for consideration of further extending the emergency proclamation until such time that the response and recovery conditions dictate otherwise; and,

3. Determine the above actions are not a "Project" within the meaning of the California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(5) of the CEQA Guidelines, because the actions consist of organizational or administrative activities of the government that will not result in direct or indirect physical changes in the envi ran ment.

Sample Motion: I move to:

Adopt Resolution No. 6189, determining that an emergency situation continues to exist, as defined in Government Code section 54956.5, due to the impacts from the January 2023 storms and related emergency response, and the threat posed by future storms, and re-ratifying previously issued emergency proclamations.

2. Direct City staff to return at least every 30 days for re-ratification of the emergency until such time that the response and recovery conditions dictate otherwise.

3. Determine the above actions are not a "Project" within the meaning of the Ratification of Emergency Proclamation
January 23, 2023
2 California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(5) of the CEQA Guidelines, because the actions consist of organizational or administrative activities of the government that will not result in direct or indirect physical changes in the environment.

BACKGROUND
Government Code section 54956.5 defines, "emergency situation" as including a work stoppage, crippling activity, or both. (Emphasis added.) On January 7, City staff began discussions with Carpinteria Fire District Chief Greg Fish about the significant storm forecast for January 9 and 10, 2023, expected to impact the region, including Carpinteria, with significant runoff and potential for debris flows and flooding due, in part, to prior saturating rain events earlier in the month.

A multi-departmental preparation and storm response was established including an allnight watch by Public Works at areas of concern including all drainage inlets, and vulnerable locations.

Following nearly 2" of rainfall on January 1, and 1.5" on January 5, from Monday January 9, 2023 through Tuesday January 10, 2023, over 4" inches of rain fell at high rates per hour. The rain caused significant flows in creeks and rivers. In Carpinteria, Carpinteria Creek flowed at capacity, causing damage to the banks of the Creek, inundating and damaging the Carpinteria Creek Bike Path, and destroying utility infrastructure on the Carpinteria Avenue bridge. Widespread flooding in the region, damaged roadways and other infrastructure and stranded motorists. Significant amounts of wood, rock and dirt material was washed out to creek mouths and along local beaches causing public health and safety hazards.

In preparation for possible flooding of residences in the Carpinteria Creek corridor, an evacuation order was issued for GranVida Senior Living and Memory Care, to all properties adjacent Carpinteria Creek between Foothill Road and Highway 101, the 800 block of Concha Loma, and those portions of 8th street condo's (Singing Springs and Creekwind) closest the creek. About 100 people were evacuated temporarily to Casitas Plaza parking lot. The campgrounds nearby were closed from Rincon to Gaviota including Carpinteria State Beach Park.

A declaration of emergency was approved by Resolution No. 6186 at the online meeting on Monday January 9, 2023. That same day, the Carpinteria City Emergency Operations Center and the Carpinteria Evacuation Emergency Shelter were activated and staffed by City employees and CERT volunteers through the end of the workday on January 9, 2023. Thirty individuals visited or used the services at the emergency shelter, which was supported with supplies from a prepositioned Red Cross trailer that is stored at the Public Works yard and had just recently been restocked. \\COC5H\GDrive\Olivia\Staff Reports\Staff Report - Extension of Declaration of Emergency - January 9-10 Storm lncident.docx
Ratification of Emergency Proclamation
January 23, 2023
3 Following the storm emergency work was determined to be necessary at two locations in the Carpinteria area:
• A portion of creek bank at the end of 6
th Street was severely eroded
compromising adjacent property and infrastructure of the Carpinteria Sanitary District and State Parks. The State brought in large rocks in order to fortify an approximate 250' length of creek bank. This work occurred the week of January

15. • Three flood control basins located in the foothills above Carpinteria (Arroyo Paredon, Santa Monica, and Gobernador Canyon), were filled with material and require clearing out in order to restore capacity sufficient to function adequately for future winter storms. The material from these basins will be deposited at Carpinteria Beach via truck delivery to the Ash Avenue street end. This work began the week of January 15 and there is currently no estimated end date.

During the emergency and throughout the response, there has been communication from the City and in coordination with the County of Santa Barbara with the public via online and with notices to resident of possibly affected areas.

Santa Barbara County proclaimed a local emergency on Jan. 9, 2023. On January 16, 2023 and Governor Newsom signed an Executive Order to support communities impacted by the winter storms and President Joe Biden added Santa Barbara County to the federal disaster declaration Tuesday January 17, 2023 all of which will assist response and recovery efforts to the storms.

The City Council proclaimed a local emergency by adoption of Resolution No. 6186, at its regular meeting on January 9, 2023. The purpose of this agenda matter is to allow the City Council to extend the emergency proclamation.

DISCUSSION
Current conditions, as described above, warrant and necessitate that the City extend the proclamation of a local emergency in order to utilize all resources necessary to respond to damage that has occurred as a result of the January 2023 storms, and to receive any needed funding through the California Disaster Assistance Act and any other State and Federal funds that may be available.

The proclamation of a local emergency is a necessary precursor to taking certain actions necessary to respond to the emergency, such as promulgating orders and regulations necessary to provide for the protection of life and property. The proclamation also ensures that the City is eligible to receive certain available state and federal funding for disaster relief.

POLICY CONSISTENCY
\\COC5H\GDrive\Olivia\Staff Reports\Staff Report - Extension of Declaration of Emergency - January 9-10 Storm lncident.docx
Ratification of Emergency Proclamation
January 23, 2023
4 The draft Resolution extending the local emergency proclamation is consistent with Government Code sections 8558 and 8630, and Chapter 2.40 of the Carpinteria Municipal Code.

FINANCIAL CONSIDERATIONS
=
Santa Barbara County, including the City of Carpinteria, has been included as a part of a federal disaster declaration related to the subject local emergency that is the basis for the City's emergency declaration. This will allow for federal reimbursement of City response and recovery costs, as well as for private property owners impacted by the storm. The City continues to assess damages from the storm and is tracking costs associated with the response and recovery efforts. The City will submit application(s) through the California Office of Emergency Services (CalOES) to the Federal Emergency Management Agency (FEMA) for reimbursement.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
N/A

OPTIONS
A. Adopt Resolution No. 6189, extending a proclamation of local emergency.

B. Propose amendments to Resolution Nos. 6189.

C. Decline to adopt Resolution No. 6189.

PRINCIPAL PARTIES EXPECTED AT MEETING
N/A

ATTACHMENTS
A. Resolution No. 6189
B. Resolution No. 6186
Staff Contact: Olivia Uribe-Muta!
(805) 755-4401, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
\\COC5H\GDrive\Olivia\Staff Reports\Staff Report - Extension of Declaration of Emergency - January 9-10 Storm lncident.docx

ATTACHMENT A
RESOLUTION NO. 6189

A RESOLUTION OF THE CITY OF CARPINTERIA CITY COUNCIL

EXTENDING A PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY CAUSED BY JANUARY STORMS
WHEREAS, Government Code, Sections 8558 and 8630, et seq., and Chapter

2.40 of the Carpinteria Municipal Code, empower the City Council to proclaim the existence or threatened existence of a local emergency when the City of Carpinteria (City) is affected or likely to be affected by a public calamity, conditions of disaster or of extreme peril to the safety of persons and property; and; WHEREAS, a series of storms, beginning January 1, 2023, is causing significant flooding and damage in the City of Carpinteria; and WHEREAS, Governor Newsom issued a Proclamation of a State of Emergency on January 4, 2023, in response to the significant winter storms; and WHEREAS, on January 9 and 10, 2023, a storm system resulted in wide spread flooding. Mandatory evacuation and shelter in place orders were issued, shelters were opened, and local flood damage occurred; and WHEREAS, the County of Santa Barbara and the cities of Santa Barbara and Goleta have also declared local emergencies, the contents of which are incorporated herein by reference; and
WHEREAS, the City has been expending resources and incurring costs to respond to the storm since January 4, 2023, when the first storm system arrived; and
WHEREAS, the City Council finds these conditions of extreme peril warrant and necessitate the proclamation of a local emergency caused by the winter storm events and associated flooding.

WHEREAS, on January 9, 2023, the City Council of the City of Carpinteria adopted Resolution No. 6186, proclaiming a local emergency due to the January 2023 storms; and
WHEREAS, the conditions described in the above recitals warrant and necessitate that the proclamation of local emergency be extended in order to utilize all resources necessary to respond to damage caused by the January storms and that will likely be caused by future storms and to receive any needed funding through the California Disaster Assistance Act and any other State and Federal funds that may be available; and
Resolution No. 6189

Page 2 ends

NOW, THEREFORE, THE CITY COUNCIL HEREBY PROCLAIMS THAT A LOCAL EMERGENCY NOW EXISTS IN THE CITY OF CARPINTERIA AND THAT:

SECTION 1. All the recitals set forth above are true, correct, and valid; and SECTION 2. This proclamation of local emergency invokes in the City of Carpinteria all powers and mechanisms set forth in the California Emergency Services Act (Government Code sections 8550, et seq.), Carpinteria Municipal Code, Chapter

2.40, and all other applicable laws, to be used by authorized personnel of the City of Carpinteria; and
SECTION 3. Copies of this Proclamation shall be provided to news media; and SECTION 4. A copy of this Proclamation shall be forwarded to the Director of the Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with the state law; that the Governor waive any regulations that may hinder recovery efforts and that recovery assistance be made available under the California Disaster Assistance Act or any other State and Federal funds that may be available; and
SECTION 5. This Proclamation of local emergency shall be effective immediately.

The City Clerk shall cause this proclamation of local emergency to be scheduled for extension at least every 30 days or until terminated by the City Council.

PASSED, APPROVED AND ADOPTED on this 23rd day of January, 2023, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Mayor, City of Carpinteria
Resolution No. 6189

Page 3 ends

ATTEST:

Brian C. Barrett, CMG, 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 January 23, 2023 Brian C. Barrett, CMG, 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 B
RESOLUTION NO. 6186

A RESOLUTION OF THE CITY OF CARPINTERIA CITY COUNCIL

PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY

CAUSED BY JANUARY STORMS
WHEREAS, Government Code, Sections 8558 and 8630, et seq., and Chapter 2.40 of the Carpinteria Municipal Code, empower the City Council to proclaim the existence or threatened existence of a local emergency when the City of Carpinteria (City) is affected or likely to be affected by a public calamity, conditions of disaster or of extreme peril to the safety of persons and property; and
WHEREAS, a series of storms, beginning January 4, 2023, is causing significant flooding and damage in the City of Carpinteria; and WHEREAS, Governor Newsom issued a Proclamation of a State of Emergency on January 4, 2023 in response to the significant winter storms; and
WHEREAS, on January 9, 2023, a storm system has resulted in wide spread flooding. Mandatory evacuation and shelter in place orders and evacuation warnings have been issued for portions of the City and the adjacent unincorporated County; and
WHEREAS, the National Weather Service predicts significant additional precipitation, flash flooding, beach hazards and wind advisories in the county that impact the public health, safety, and welfare of the community; and
WHEREAS, the County of Santa Barbara and the cities of Santa Barbara and Goleta have also declared local emergencies, the contents of which are incorporated herein by reference; and
WHEREAS, the proclamation of a local emergency is necessary in order to utilize all resources necessary to respond to the damage caused by flooding and receive any needed funding through the California Disaster Assistance Act and any other State and Federal funds that may be available; and WHEREAS, the City has been expending resources and incurring costs to respond to the storm since January 4, 2023, when the first storm system arrived; and
WHEREAS, the City Council finds these conditions of extreme peril warrant and necessitate the proclamation of a local emergency caused by the winter storm events and associated flooding.

Resolution No. 6186

Page 2 ends

NOW, THEREFORE, THE CITY COUNCIL HEREBY PROCLAIMS THAT A

LOCAL EMERGENCY NOW EXISTS IN THE CITY OF CARPINTERIA AND THAT:

1. All the recitals set forth above are true, correct, and valid; and

2. This proclamation of local emergency invokes in the City of Carpinteria all powers and mechanisms set forth in the California Emergency Services Act (Government Code sections 8550, et seq.), Carpinteria Municipal Code, Chapter 2.40, and all other applicable laws, to be used by authorized personnel of the City of Carpinteria; and

3. Copies of this Proclamation shall be provided to news media; and

4. A copy of this Proclamation shall be forwarded to the Director of the Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with the state law; that the Governor waive any regulations that may hinder recovery efforts and that recovery assistance be made available under the California Disaster Assistance Act or any other State and Federal funds that may be available; and

5. This Proclamation of local emergency shall be effective immediately. The City Clerk shall cause this Proclamation of local emergency to be scheduled for re-ratification at least every 30 days until terminated by the City Council.

PASSED, APPROVED AND ADOPTED this 9
th day of January 2023, by the
following called vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER(S):Lee, Nomura, Solorzano, Alarcon, Clark COUNCILMEMBER(S): None
COUNCILMEMBER(S): None
COUNCILMEMBER(S): None
Mayor, City of Carpinteria
ATTEST:
/
~
Brian C. Barr
8;.
ett, t
~

MC,CPMC
City Clerk, City of Carpinteria
Resolution No. 6186

Page 3 ends

I hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the 9
th day of January 2023.
~~~-
Brian C. Barrett, 'CMC, CPMC,
City Clerk, City of Carpinteria
APPROVED AS TO FORM:

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Second reading of Ordinance No. 758, amending provisions of the City's Local Coastal Program and Zoning Code regarding Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations and amending the City's Zoning Map to establish an ADU Beach Neighborhood District; and
Adoption of Resolution No. 6187, acknowledging receipt of, and accepting, the California Coastal Commission's approval of LCP Amendment LCP-4-CPN-22-0050-1 (Accessory Dwelling Units) Project 19-2008-LCPA/ORD); and Find that Ordinance No. 758 is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of State Government Code Section 65852.2; and is also categorically exempt pursuant to CEQA Guidelines Section 15303, which exempts new construction or conversion of small structures.
(motion requires reading of ordinance title and roll call vote)

STAFF RECOMMENDATION

1. Adopt Ordinance No. 758 (second reading); and

2. Adopt Resolution No. 6187; and

3. Find that Ordinance No. 758 is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17 and exempt pursuant to Section15303 of the CEQA Guidelines.

Motion: I move to adopt Ordinance No. 758 (second reading), as read by title only, adopt Resolution No. 6187, as read by title only, and approve the CEQA Notice of Exemption.

Accessory Dwelling Unit and Junior Accessory Dwelling Unit Ordinance January 23, 2023

Page 2 ends

BACKGROUND
In 2017, the California Legislature passed a package of three bills (Assembly Bill (AB) 2229, Senate Bill (SB) 1069 and AB 2406), which generally sought to encourage the development of ADUs and JADUs by streamlining the approval process and limiting local agencies' authority to regulate ADUs and JADUs. These bills and subsequent ADU and JADU legislation, however, stated that the State's laws do not supersede the California Coastal Act (Coastal Act).

Following the City's decision, the California Coastal Commission (CCC) issued memos providing guidance on implementation of State ADU Law within the Coastal Zone. The most recent memo reaffirms past CCC guidance that Government Code Section 65852.2 should not be interpreted as allowing coastal jurisdictions to disregard State ADU Law in the Coastal Zone and encouraged coastal jurisdictions to amend their Local Coastal Programs (LCPs) to implement State ADU Law consistent with the Coastal Act.

In response to the CCC guidance memo, on September 23, 2019, the City Council adopted Resolution No. 5915, which, in part, recognized the need to develop City ADU and JADU regulations to promote development of more affordable and market rate housing units and initiated the Zoning amendment work necessary to replace Chapter

14.72 - Secondary Dwelling Units, in its entirety with the ADU and JADU Program in a manner consistent with the Coastal Act.

The State legislature continues to identify the production of ADUs and JADUs as an important element to increase housing production and has adopted legislation to promote new ADUs and JADUs. On January 1, 2020 and 2021, new State laws that apply to ADU and JADU regulations went into effect (AB 68, AB 881, and SB 13, codified in Gov. Code Section 65852.2). Consistent with the Coastal Act and CCC guidance, local agencies within the Coastal Zone must implement these State ADU Laws.

At its meeting of August 1, 2022, Planning Commission reviewed the draft ordinance prepared to reflect the Council's direction concerning ADU and JADU Program elements. The Commission considered public testimony, deliberated, and unanimously voted to recommend that the City Council approve the CEQA exemptions and adopt Ordinance No. 758 to implement the program, with certain text revisions. Ordinance No. 758 was revised to address the Planning Commission's input.

The City Council held a public hearing on and considered Ordinance No. 758, which includes provisions for an ADU Beach Neighborhood Overlay District, and development of administrative policies and procedures, among other things, on September 26, 2022.

The City Council completed a first reading of Ordinance No. 758 and directed staff to submit Ordinance No. 758 to the CCC for review and action.

N:\Project Files\2019 (1955- 2029)\2008 ADU Ordinance Amendments\ADOPTION HEARINGS\City Council Second Read\Jan 23 2023 City Council Staff Report and Attachments\1.23.2023 SR Second Read ORD NO 758.docx Accessory Dwelling Unit and Junior Accessory Dwelling Unit Ordinance January 23, 2023

Page 3 ends

DISCUSSION
Coastal Commission De Minimis Action:

Pursuant to Coastal Act Section 30514(d), the Executive Director may determine that a proposed LCP amendment is "de minimis." In order to qualify as a de minimis amendment, the amendment must meet the following three criteria:

1. The Executive Director determines that the proposed amendment would have no impact, either individually or cumulatively, on coastal resources, and that it is consistent with the policies of Chapter 3 of the Coastal Act;

2. The local government provides public notice of the proposed amendment at least 21 days prior to submitting the amendment to the Commission, specifying the dates and places where comments will be accepted, by one of the following methods:
posting on-site and off-site in the affected area, newspaper publication, or direct mailing to owners and occupants of contiguous property; and

3. The amendment does not propose any change in use of land or water or allowable use of property.

The Executive Director determined that the City's proposed Accessory Dwelling Unit amendment is de minimis, and reported this determination to the Commission on December 15, 2022. The Commissioners did not object to the de minimis determination, therefore the amendment was deemed approved by the Coastal Commission, and it became a certified part of the LCP ten days after the date of the Commission meeting (in this case, on December 26, 2022). The City received California Coastal Commission approval of Ordinance No. 758 (Attachment A) in December, 2022.

A copy of Ordinance No. 758 is attached as Attachment Band is identical to the version approved by the City Council on September 26, 2022 during its first reading. Upon the City Council's approval of a second reading, Ordinance No. 758 will have an effective date of February 22, 2023.

Pursuant to Coastal Commission regulations, the City Council is also required to acknowledge receipt of, and accept, the Coastal Commission's approval of LCP Amendment LCP-4-CPN-22-0050-1 (Accessory Dwelling Units) Project 19-2008- LCPA/ORD). Staff has prepared Resolution No. 6187 (Attachment C) for this purpose.

ENVIRONMENTAL
Ordinance No. 758 is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of State Government Code Section 65852.2 and is also exempt pursuant to CEQA Guidelines N:\Project Files\2019 (1955- 2029)\2008 ADU Ordinance Amendments\ADOPTION HEARINGS\City Council Second Read\Jan 23 2023 City Council Staff Report and Attachments\1.23.2023 SR Second Read ORD NO 758.docx Accessory Dwelling Unit and Junior Accessory Dwelling Unit Ordinance January 23, 2023

Page 4 ends

Section 15303, which exempts new construction or conversion of small structures The Notice of Exemption is included as Attachment D.

Although the ADU and JADU Program and most ADU and JADU projects under said program are exempt from CEQA, Ordinance No. 758 would establish standards that under certain circumstances could subject an ADU or JADU project to discretionary review and, as such, could require CEQA analysis be completed for these projects on a case-by-case basis. This limited application of discretionary review includes ADU and JADU applications in the Beach Neighborhood Overlay District (Section 14. 72.110) and/or in the Coastal Appeals Overlay District (Section 14.48).

FINANCIAL CONSIDERATIONS
Application fees for Accessory Dwelling Units and Junior Accessory Dwelling Units have been defined and scheduled to reflect a streamlined planning and/or building review process. The City will inform and encourage prospective applicants about the City's preapproved ADU plan sets to further expedite permit review and reduce both applicant and staff costs.

LEGAL
The City exercises its police powers through the adoption of legislation that protects the public's health, safety, and welfare. The City Council may determine that the potential benefits associated with implementation of the Accessory Dwelling Unit and Junior Accessory Dwelling Unit Program include achieving consistency with state housing laws and promoting opportunities to increase the City's housing stock consistent with and the Coastal Act. Therefore, the City Council is authorized to adopt the proposed regulation.

Ordinance No. 758 has been reviewed by the City Attorney.

OPTIONS

1. Adopt Ordinance No. 758 (second reading with the Coastal Commission's approval) and approve Resolution No. 6187 (Staff Recommendation).

2. Direct staff to modify the proposed Ordinance. Significant modifications should be redirected to the Planning Commission for further consideration. Any modifications to the Ordinance would require a new amendment to the City's Local Coastal Program to be submitted to the Coastal Commission.

3. Reject Ordinance No. 758. Failure to adopt Ordinance No. 758 would result in the expiration of the Coastal Commission's LCPA approval.

Page 5 ends

ATTACHMENTS
Attachment A
Attachment B
Attachment C
Attachment D
Coastal Commission Action Letter
Ordinance No. 758
Resolution No. 6187
CEQA Notice of Exemption
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\2019 (1955- 2029)\2008 ADU Ordinance Amendments\ADOPTION HEARINGS\City Council Second Read\Jan 23 2023 City Council Staff Report and Attachments\1.23.2023 SR Second Read ORD NO 758.docx Attachment A
Coastal Commission Action Letter
STATE OF CALI FORNIA -- NATURAL RESOURCES AGENCY Gavin Newsom, Governor

CALIFORNIA COASTAL COMMISSION

SOUTH CENTRAL COAST DISTRICT
89 SOUTH CALIFORNIA ST., SUITE 200
VENTURA, CA 93001
(805) 585-1800 Th9a
Prepared November 22, 2022 for December 15, 2022 Hearing To:

From:

Subject:

Commissioners and Interested Persons
Steve Hudson, Deputy Director
Barbara Carey, District Manager
Sam Fearer, Coastal Program Analyst
De Minimis Amendment Determination for City of Carpinteria LCP Amendment Number LCP-4-CPN-22-0050-1 (Accessory Dwelling Units) Proposed Amendment
The City of Carpinteria is proposing to amend the Implementation Plan (IP) component of the Local Coastal Program (LCP) to modify existing standards and to add new standards relating to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Specifically, the proposed amendment would address permitting procedures and development standards, including parking requirements and the adoption of a discretionary review overlay district. The purpose of the proposed amendment is to bring the County's LCP into compliance with applicable State laws addressing ADU regulation. See Exhibit 1 for the text of proposed amendment showing proposed changes in strikethrough/underline.

De Minimis LCP Amendment Determination
Pursuant to Coastal Act Section 30514(d), the Executive Director may determine that a proposed LCP amendment is "de minimis." In order to qualify as a de minimis amendment, the amendment must meet the following three criteria:

2. The local government provides public notice of the proposed amendment at least 21 days prior to submitting the amendment to the Commission, specifying the dates and places where comments will be accepted, by one of the following methods: posting on-site and off-site in the affected area, newspaper publication, or direct mailing to owners and occupants of contiguous property; and

3. The amendment does not propose any change in use of land or water or allowable use of property.

If the Executive Director determines that an amendment is de minimis, that determination must be reported to the Commission. If three or more Commissioners object to the de minimis LCP amendment determination, then the amendment shall be set for a future public hearing; if three or more Commissioners do not object to the de minimis determination, then the amendment is deemed approved, and it becomes a certified part of the LCP ten days after the date of the Commission meeting (in this case, on December 26, 2022).

The purpose of this notice is to advise interested parties of the Executive Director's determination that the proposed LCP amendment is de minimis. Each of the de minimis criteria is discussed below:

1. No impact to coastal resources and consistency with Chapter 3 of the Coastal Act: The proposed amendment would modify existing standards and add new standards relating to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in order to bring the County's regulations into conformance with recent changes to State law. The proposed amendment requires ADUs and JADUs to conform with the policies and provisions of the LCP, including all applicable requirements of the underlying zoning district in which they are allowed.

The City's zoning regulations do not currently provide for an Accessory Dwelling Unit Program but contain a Second Dwelling Unit Program that does not reflect current State law regarding accessory residential units. Ordinance No. 758 amends Chapter 14. 72 of Title 14 - Zoning of the Carpinteria Municipal Code by rescinding the Second Dwelling Units regulations, and replacing it with an Accessory Dwelling Units and Junior Accessory Dwelling Units (ADU) Program. Additional proposed amendments to the IP include: the addition of a new ADU - Beach Neighborhood Overlay District, including text and overlay map; the addition of new definitions to Chapter 14.08; and the addition of new permit procedures to each of the zoning districts where ADUs are allowed. This amendment streamlines the permit process and the development standards applicable to ADUs and JADUs within the City.

The proposed addition of a new ADU - Beach Neighborhood Overlay District is designed to balance the facilitation of ADU development with the continued need to minimize the risks to life and property from coastal hazards and to protect coastal public access. The "Beach Neighborhood" area of the city is an existing developed singlefamily and multi-family residential area adjacent to Carpinteria City Beach and Carpinteria Salt Marsh. This area is subject to coastal hazards, including wave action and inundation which are expected to increase over time with the effects of sea level rise. Within the proposed overlay district, discretionary review would be required when ADUs are proposed within areas of known and mapped coastal hazards, consistent with the City's 2019 Final Sea Level Rise Vulnerability Assessment and Adaptation Plan.

Additionally, parking requirements for ADUs are proposed within the overlay district to avoid impacts to documented coastal access parking. There is high demand for parking in the Beach Neighborhood and on-street parking is an important component of public access to the beach. Section 14.72.0B0(A) of the proposed ordinance would require one uncovered on-site automobile parking space per ADU or JADU unit or bedroom, 2 whichever is less. This parking requirement will minimize impacts to public beach access.

For development located everywhere else in the City outside of the overlay district, no parking would be required for proposed JADUs, and no parking would be required for proposed AD Us that successfully meet one of five criteria that indicate reduced demand for parking, including when the ADU is located within a walking distance of one-half mile of an operational public transit stop, within the existing and permitted floor area of a Primary Residential Unit, or when there is a carshare vehicle located within 500 feet of the ADU, consistent with State law.

The subject amendment would continue to allow for infill development within existing residential neighborhoods within the City. Commission and City staffs have coordinated on the contents of the subject amendment. During amendment pre-submittal discussions, respective staffs coordinated on specific language to be included in the subject amendment in order to ensure that ADUs within the City are consistent with both the Coastal Act and LCP, including provisions related to the protection of public access, recreation, and environmentally sensitive habitat areas. Commission staff has determined that the proposed amendment will not adversely affect coastal resources and that the proposed amendment is consistent with the policies of Chapter 3 of the Coastal Act.

2. Provision of public notice: The City provided public notice in advance of the Planning Commission hearing that was held on September 26, 2022, utilizing newspaper display ads in addition to individual mailing labels. Newspaper notices were printed in advance of the hearing. Written notice was sent to individuals, agencies, and local jurisdictions, and review drafts were made available on the City of Carpinteria Planning Division webpage in advance of the hearing. The subject amendment was received by the Commission on October 25, 2022 and filed complete on November 8, 2022; therefore, the 21-day noticing requirement for a de minimis LCPA has been satisfied.

3. No change in use of land or allowable use of property: No change in use is proposed by the subject amendment, as accessory residences are currently allowed within the City's residential zone districts, although they are called "second dwelling units" rather than "accessory dwelling units". The subject amendment establishes specific provisions for the processing and approval of ADUs consistent with current state law.

California Environmental Quality Act (CEQA)
The Coastal Commission's review and development process for LCPs and LCP amendments has been certified by the Secretary of Resources as being the functional equivalent of the environmental review required by CEQA. The City exempted the proposed amendment from environmental review under CEQA. This report has discussed the relevant coastal resource issues with the proposal, and has concluded that the proposed LCP amendment is not expected to result in any significant adverse 3 impact on the environment. Thus, it is unnecessary for the Commission to suggest modifications to the proposed amendment to address adverse environmental impacts because the proposed amendment, as submitted, will not result in any significant environmental effects for which feasible mitigation measures would be required.

Coastal Commission Concurrence
The Executive Director will report this de minimis LCP amendment determination, and any comments received on it, to the Coastal Commission at its December 15, 2022 meeting in Long Beach. If you have any questions or need additional information regarding the proposed amendment or the method under which it is being processed, please contact Sam Fearer at the South Central Coast District Office in Ventura. If you wish to comment on and/or object to the proposed de minimis LCP amendment determination, please do so by December 8, 2022.

Exhibits
Exhibit 1 - Proposed Implementation Plan Amendment Text Exhibit 2 - Proposed ADU - Beach Neighborhood Overlay District Map 4 Attachment B
Ordinance No. 758
ORDINANCE NO. 758

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA AMENDING CHAPTER 14.72 OF TITLE 14 (ZONING) OF THE CARPINTERIA

MUNICIPAL CODE BY RESCINDING AND REPLACING RESIDENTIAL

SECONDARY DWELLING UNIT PROVISIONS WITH PROVISIONS CONCERNING

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS,

AND INCLUDING RELATED AMENDMENTS TO VARIOUS OTHER CHAPTERS WITHIN TITLE 14 TO BE CONSISTENT WITH THIS INTENT

RECITALS
WHEREAS, on September 27, 2016, the State Legislature adopted Assembly Bill ("AB") 2299 and Senate Bill ("SB") 1069 (Government Code ("GC") Section 65852.2) requiring ministerial approval of planning and building permit applications for Accessory Dwelling Units ("ADUs") that are located within single-family residential zones and comply with applicable parking, setback, and size restrictions.

WHEREAS, on October 8, 2017, the State Legislature adopted SB 229 and AB 494 (GC Section 65852.2) to allow ADUs on all lots zoned for single- or multi-family uses, reduce maximum parking requirements, and make clarifying edits to GC Section 65852.2.D.

WHEREAS, on October 9, 2019, the State Legislature adopted AB 68, AB 881, and SB 13 (GC Sections 65852.2 and 65852.22) to further streamline the permit process for and reduce the development standards applicable to ADU and Junior Accessory Dwelling Units ("JADUs").

WHEREAS, on September 28, 2020, the State Legislature adopted AB 3182 to update and clarify provisions of GC Section 65852.2.

WHEREAS, on January 1980, by Resolution No. 1019, the City Council adopted the Coastal Plan that was developed pursuant to The California Coastal Act of 1976 (Public Resources Code 30000 et seq.) ("Coastal Act"), which includes the entirety of the City's jurisdiction.

WHEREAS, on October 12, 1981, by Ordinance 315, the City Council adopted Title 14 of the Carpinteria Municipal Code, in compliance with the State of California planning and zoning laws.

ORDINANCE N0.758
WHEREAS, on May 29, 2001, by Resolution 4670, the City Council adopted the first amendment to the Carpinteria General Plan and Local Coastal Program (Project No.

GPA/LCPA 97-810), in compliance with California Law (Government Code Section 65300, et seq., and Public Resources Code 30000 et seq.), respectively.

WHEREAS, in March of 2019, the City published its Final City of Carpinteria Sea Level Rise Vulnerability Assessment and Adaptation Project, which constitutes a sciencebased investigation, findings, and recommendations to address physical effects of sea level rise upon the public and lands in the City's jurisdiction, and responds to California Coastal Commission guidance related to protection of Coastal Act resource policies.

WHEREAS, the Final City of Carpinteria Sea Level Rise Vulnerability Assessment and Adaptation Project investigates coastal flooding, tidal inundation, and coastal erosion risks in 2019 and projected coastal hazard risks in 2030, 2060, and 2100, based upon the regional County of Santa Barbara Coastal Resilience Project, utilized by the counties of Santa Barbara and Ventura and the cities of Goleta and Oxnard.

WHEREAS, the Final City of Carpinteria Sea Level Rise Vulnerability Assessment and Adaptation Project identifies the greatest coastal hazard risks in the Beach Neighborhood District, which is bounded by the Carpinteria Salt Marsh to the west, the Union Pacific Railroad to the north, Carpinteria City Beach to the south, and Linden Avenue to the east, as defined in the Community Design Element of the City's General Plan and Local Coastal Plan (2003), with an estimated 1.1 miles of public road and 4 public parking lots vulnerable to coastal hazards by 2030; 2.5 miles of lateral coastal access, 13 vertical coastal access points, and 2.2 miles of coastal trails vulnerable to coastal hazards; and the most vulnerable parcels, comprised of approximately 90 percent residential lots, located in this district.

WHEREAS, the Final City of Carpinteria Sea Level Rise Vulnerability Assessment and Adaptation Project identifies that the Carpinteria Salt Marsh, and three neighborhood districts: Beach Neighborhood, Carpinteria Bluffs, and Concha Loma Neighborhood, as defined in the Community Design Element of the City's General Plan and Local Coastal Plan (2003), warrant regional strategies and adaptation measures. Such strategies for built environments of these neighborhoods may include but are not limited to implementation of a Managed Retreat Program (e.g., Beach Neighborhood), a Repetitive Loss Program, storm drain and channel improvements, and a Coastal Adaptation Overlay Zone.

WHEREAS, consistent with the City's certified Local Coastal Program ("LCP") and policies of the Coastal Act, the City's current LCP Objective LU-1 requires the City to "establish the basis for orderly, well planned urban development while protecting coastal resources and providing for greater access and recreational opportunities for the public." ORDINANCE N0.758 2
WHEREAS, consistent with the City's certified Local Coastal Program and policies of the Coastal Act, the City's current LCP Objective S-4 requires the City to "minimize the potential risks and reduce the loss of life, property and the economic and social dislocations resulting from flooding."
WHEREAS, on September 23, 2019, the City adopted Resolution No. 5915 to initiate the Accessory Dwelling Unit zone code amendment work program item, recognizing the need to develop City ADU and JADU regulations in order to promote development of more affordable housing units as well as market rate units to increase the City's housing supply; the City Council directed staff to proceed with incorporating State ADU and JADU law into its LCP, recognizing Coastal Act consistency requirements remain in effect.

WHEREAS, the City Council finds that the need to proactively encourage the safe and orderly development of ADUs and JADUs in the City must also address compliance with the Coastal Act and the City's Local Coastal Program, including preservation and promotion of public access and recreational opportunities and minimization of potential risks to public safety associated with loss of life, property, impaired traffic flow, and social dislocations resulting from identified coastal hazards, including flooding.

WHEREAS, the City Council therefore identifies an area of the Beach Neighborhood District, as an area excluded from development of ADUs and JADUs due to identified, science-based coastal hazards that presently occur along the seaward side of Sandyland Road, and with increasing hazards that are projected to occur in the district due to estimated sea level rise of one to five feet, between the present and through 2100 as identified in the City of Carpinteria Sea Level Rise Vulnerability Assessment and Adaptation Project.

WHEREAS, the City Council now finds that it is in the interest of the orderly development of the City and important to the preservation of the health, safety, and general welfare of the residents of the City, to adopt an ordinance amending Chapter

14.08 - DEFINITIONS; Chapter 14.12 (R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT; Chapter 14.14 (PRO PLANNED RESIDENTIAL DEVELOPMENT DISTRICT); Chapter

14.16 (PUD PLANNED UNIT DEVELOPMENT DISTRICT); Chapter 14.17 (MHS/PUD

MOBILE/MODULAR HOME SUBDIVISION/PLANNED UNIT DEVELOPMENT DISTRICT); Chapter 14.18 (MHP PLANNED UNIT DEVELOPMENT DISTRICT); Chapter

14.20 (CPD COMMERCIAL PLANNED DEVELOPMENT DISTRICT); Chapter 14.22 (CB CENTRAL BUSINESS DISTRICT); Chapter 14.26 (M-RP INDUSTRIAL RESEARCH PARK DISTRICT); Chapter 14.28 (M GENERAL INDUSTRY DISTRICT); Chapter 14.32 (A AGRICULTURE DISTRICT); and Chapter 14.72 (SECONDARY DWELLING UNITS) to implement new regulations regarding the permitting of ADUs and JADUs in compliance with GC Sections 65852.2 and 65852.22.

ORDINANCE NO.758 3
WHEREAS, the proposed Title 14 - Zoning Ordinance amendment is consistent with the General Plan and Coastal Land Use Plan and the requirements of the State planning, zoning, and development laws.

WHEREAS, the proposed Title 14- Zoning Ordinance amendment is in the interest of the general community welfare since it will serve to implement the requirements of State law that promote the development of AD Us and JADUs that will increase the supply of housing in the City while protecting coastal resources consistent with the Coastal Act and the City's certified LCP.

WHEREAS, the Planning Commission has held a duly noticed public hearing on August 1, 2022, as required by GC Section 65854, on the proposed Title 14 - Zoning Ordinance amendment at which hearing the proposed amendment was explained and comments invited from people in attendance.

WHEREAS, the Planning Commission adopted a resolution at a public meeting on August 1, 2022 that provides its recommendations on the proposed Title 14 - Zoning Ordinance amendment to the City Council.

WHEREAS, on August 1, 2022, the Planning Commission unanimously recommended that the City Council adopt this ordinance (Ordinance 758) to implement the Accessory Dwelling Unit and Junior Accessory Dwelling Unit Program based on its determination of the program's consistency with the City's Local Coastal Program, . General Plan, and Municipal Code Chapter 14 - Zone Code.

WHEREAS, on August 1, 2022, the Planning Commission unanimously recommended that the City Council determine that Ordinance No. 758 is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of State Government Code Section 65852.2 WHEREAS, on August 1, 2022, the Planning Commission unanimously recommended that the City Council determine that Ordinance No. 758 is categorically exempt from review under CEQA in accordance with CEQA Guidelines Section 15303, which exempts new construction or conversion of small structures, implemented under the provisions of State Government Code Section 65852.22.

WHEREAS, the City Council has held a duly noticed public hearing on (TBD "adoption date"), as required by GC Section 65854, on the proposed Title 14 - Zoning Code amendment at which hearing the proposed amendment was explained and comments invited from people in attendance.

ORDINANCE N0.758 4
WHEREAS, the City adoption of the proposed Title 14 - Zoning Code amendment reflects the Council's commitment to promote development of ADUs and JADUs in accordance with state housing laws, to increase the City's affordable and market rate housing supplies and contribute to the City's Regional Housing Needs Allocation, and to protect coastal resources in accordance with the Coastal Act and the City's Coastal Land Use Plan.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. INCORPORATION OF RECITALS
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2. ADOPTION OF ADU - BEACH NEIGHBORHOOD OVERLAY DISTRICT MAP
Pursuant to Section 14.04.070 of the Carpinteria Municipal Code, Exhibit 1, attached to and made a part of this ordinance by this reference, delineates the boundaries of the ADU Beach Neighborhood Overlay District.

SECTION 3. RESCINDING CHAPTER 14.72
Chapter 14.72 of the Carpinteria Municipal Code is rescinded in its entirety.

SECTION 4. AMENDMENT OF TITLE 14 OF CARPINTERIA MUNICIPAL CODE Chapter amendments to the Carpinteria Municipal Code made by this ordinance are delineated below as underlined text with the exception of Chapter 14.72, which includes text that replaces the current text in its entirety.

Chapter 14.04, of Title 14 of the Carpinteria Municipal Code is hereby amended (in part) to read as follows:

14.04.060 - Overlay Districts.

1. In addition to the regulations governing the foregoing districts, the following overlay districts and the symbols used to represent them on the official zoning maps are established as follows:

I ADU Beach Neighborhood ADU-Beach
Coastal Appeals Area CA
Ellinwood Parcel Ellinwood
Environmentally Sensitive Habitat ESH
I Flood Hazard Area FH
Residential R
ORDINANCE N0.758 5
Specific Plan s
Transportation Corridor Wetland TCW
Vacation Rental VR
Visitor-Serving/ Highway Commercial V
Whitney Site Whitney

2. The regulations of the overlay district shall apply to the land in the same manner as specific district regulations. Overlay regulations shall apply wherever the symbol and the boundaries of the area are shown on the official zoning maps. When a symbol for an overlay district is added to a district symbol, the provisions of the overlay district shall be effective in addition to the applicable district regulations. If any of the provisions of the overlay district conflict with provisions of the specific district regulations, the provisions which are most restrictive shall govern.

Section 14.08.010, of Chapter 14.08 (DEFINITIONS), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to read as follows:

14.08.010 Accessory Building or Structure.
"Accessory building or structure" means a building containing no kitchen, with the exception of an Accessory Dwelling Unit as defined in Section 14.72, and located upon the same building site as the building or use to which it is accessory the use of which is customarily incidental, appropriate and subordinate to the use of the main building, or to the main use of the land.

Chapter 14.12 (R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.12.015 to read as follows:

14.12.15 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.

The following processes shall govern development of such units in the R-1 district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):

1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.

2. Accessory Dwelling Units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter 14.78 (APPEALS).

3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.

Chapter 14.14 (PRO PLANNED RESIDENTIAL DEVELOPMENT DISTRICT), of ORDINANCE N0.758 6
Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section

14.14.015 to read as follows:

14.14.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.

The following processes shall govern development of such units in the PRO district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):

1. Permits for Accessory Dwelling Units and Junior Accessory Dwelling Units located in the ADU Beach Neighborhood Overlay District, shall be subject to discretionary review in accordance with Section 14.72.110 of this Chapter.

2. Accessory Dwelling Units and Junior Accessory Dwelling Units shall be permitted in the PRO district.

3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.

4. Accessory Dwelling Units outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.

5. Accessory Dwelling Units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter

14.78 (APPEALS).

Chapter 14.16 (PUD PLANNED UNIT DEVELOPMENT DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.16.025 to read as follows:

14.16.025 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.

The following processes shall govern development of such units in the PUD district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):

1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.

14.78 (APPEALS).

3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.

ORDINANCE NO.758 7
Chapter 14.17 (MHS/PUD MOBILE/MODULAR HOME SUBDIVISION/ PLANNED UNIT DEVELOPMENT DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.17.045 to read as follows:

14.17.045 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.

The following processes shall govern development of such units in the MHS/PUD district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):

1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.

14.78 (APPEALS).

3. Junior Accessory Dwelling Units shall be subject .to issuance of a building permit.

Chapter 14.18 (MHP PLANNED UNIT DEVELOPMENT DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.18.015 to read as follows:

14.18.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.

The following processes shall govern development of such units in the MHP district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):

2. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.

3. Accessory Dwelling Units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter

14. 78 (APPEALS).

4. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.

Chapter 14.20 (CPD COMMERCIAL PLANNED DEVELOPMENT DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section ORDINANCE N0.758 8

14.20.015 to read as follows:

14.20.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.

The following processes shall govern development of such units in the CPD district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):

2. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.

14.78 (APPEALS).

4. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.

Chapter 14.22 (CB CENTRAL BUSINESS DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.22.015 to read as follows:

14.22.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.

The following processes shall govern development of such units in the CB district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):

1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.

14.78 (APPEALS).

3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.

Chapter 14.26 (M-RP INDUSTRIAL RESEARCH PARK DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.26.015 to read as follows:

ORDINANCE N0.758 9

14.26.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.

The following processes shall govern development of such units in the M-RP district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):

1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.

14.78 (APPEALS).

3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.

Chapter 14.28 (M GENERAL INDUSTRY DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.28.015 to read as follows;

14.28.015 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.

The following processes shall govern development of such units in the M district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):

1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.

3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.

Chapter 14.32 (A AGRICULTURE DISTRICT), of Title 14 of the Carpinteria Municipal Code is hereby amended, in part, to include Section 14.32.025 to read as follows:

Chapter 14.32 - A AGRICULTURE DISTRICT

14.32.025 - Processing Accessory Dwelling Units and Junior Accessory Dwelling Units.

The following processes shall govern development of such units in the A district, in accordance with Section 14.72 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS):

ORDINANCE N0.758 10

1. Accessory Dwelling Units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.

14.78 (APPEALS).

3. Junior Accessory Dwelling Units shall be subject to issuance of a building permit.

Chapter 14.72 of Title 14 of the Carpinteria Municipal Code is hereby rescinded and replaced in its entirety to read as follows:

Chapter 14.72 - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS.

14.72.010 Purpose and Intent.

The purpose of this chapter is to provide for processing requests for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) within zone districts that permit residential uses, as defined in this Chapter and Chapters governing zone districts of Title 14. The need for these provisions is based on the following findings:

1. The adopted policy of the city is to encourage a range of housing types, designs, and costs to suit the varying needs and desires of the community in terms of income, family size, and physical ability within existing neighborhoods.

2. Opportunities for affordable housing for persons of low and moderate income are becoming increasingly scarce.

3. The shortage of low-and moderate-income housing opportunities is exacerbated by the lack of available rental units at a time when few rental units are being constructed. Thus, the existing rental stock needs to be preserved and new rental opportunities provided.

4. Accessory Dwelling Units have been a part of the city's housing stock and provide a valuable source of rental housing for persons of low and moderate income, particularly the elderly, students, and single-parent family households.

5. The establishment of clear objective development standards, consistent with applicable state law, including but not limited to Government Code Section 65852.2 or 65852.22 and the California Coastal Act, is required to reduce the time necessary to secure permits for Accessory Dwelling Unit and Junior Accessory Dwelling Unit construction and to ensure that there will be no adverse effect on the public health, safety and welfare.

6. Expand opportunities to create additional housing to suit the spectrum of individual lifestyles and space needs, allow more efficient use of existing ORDINANCE N0.758 11
housing stock and public infrastructure, and provide a range of housing opportunities.

7. Allow Accessory Dwelling Units and/or Junior Accessory Dwelling Units as an accessory use to a Primary Residential Unit, consistent with California Government Code Section 65852.2 or 65852.22 and the California Coastal Act, as applicable.

8. Promote Accessory Dwelling Units and/or Junior Accessory Dwelling Units that are compatible with the surrounding neighborhood, cultural and historic resources, and historic districts; preserve the City's coastal resources including but not limited to environmentally sensitive habitats, public coastal access, and visual resources; promote long-term sustainability; contribute to a desirable living environment; and avoid risks to public safety associated with loss of life, property, and social dislocations resulting from identified coastal hazards, including flooding.

14.72.020 Definitions.

Chapter 14.08 (DEFINITIONS) apply to Chapter 14.72, unless they conflict with the definitions below. Where a conflict may occur, the definitions below shall apply and have the following meaning:

A Accessory Dwelling Unit. An attached or a detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing Primary Residential Unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be located on the same parcel that the Primary Residential Unit is or will be situated. The following categories of Accessory Dwelling Units are subject to specific development standards:

Accessory Dwelling Unit. Accessory Dwelling Units connected with an existing or proposed Primary Residential Unit, with size, height, and setback standards as described in Section 14.72.055, (DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS). Up to one
Accessory Dwelling Unit and one Junior Accessory Dwelling Unit may be allowed on property where residential uses are permitted and has been developed, or will be developed concurrently with the Accessory Dwelling Unit(s), subject to the provisions of this Chapter (14.72).

Special Accessory Dwelling Unit. Specific types of Accessory Dwelling Units, meeting specific criteria identified in Government Code section 65852.2(e) that may be combined with a Junior Accessory Dwelling Unit with certain size, height, and setback standards described in Section

14.72.090, (DEVELOPMENT STANDARDS FOR SPECIAL ACCESSORY DWELLING UNITS). Further, Special Accessory Dwelling Units allow for more than one Accessory Dwelling Unit on a property zoned for multiple family use. Such units are not subject to local zoning and development standards, but must meet building code and health and safety requirements.

ORDINANCE N0.758 12
An Accessory Dwelling Unit also includes the following:
1) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B. Carshare Vehicle. A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization which provides hourly or daily car sharing service to its members.

C. Efficiency Kitchen. A kitchen that includes at a minimum:
1) Appliances for cooking food and refrigeration, either built-in or countertop. 2) A sink for food preparation greater than 12 inches by 12 inches, excluding the sink located in the bathroom.
3) A food preparation counter.

D. Existing Floor Area. A legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards, in accordance with Section

14.08.270 (FLOOR AREA, GROSS) and Section 14.08.275 (FLOOR AREA, NET).

E. Junior Accessory Dwelling Unit. A unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single residential unit. A Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing or proposed single residential unit and includes an efficiency kitchen.

F. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the Accessory Dwelling Unit.

G. Primary Residential Unit. The existing or proposed residential unit on a lot on which an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is permitted. The Primary Residential Unit shall comprise one unit in either a dwelling, one family; dwelling, two family; dwelling, multiple; or mixed-use development (as those terms are defined in Section 14.08 (DEFINITIONS) of this Title).

H. Principal Place of Residence. The residence where a property owner actually lives for the greater part of time, or the place where the property owner remains when not called elsewhere for some special or temporary purpose and to which the property owner returns frequently and periodically, as from work or vacation.

If multiple persons own the property as tenants in common or some other form of common ownership, a person or persons representing at least 50 percent of the ownership interest in the property shall reside on the property a majority ORDINANCE N0.758 13
of their time as their principal place of residence. Any person or persons who qualify for the homeowner's tax exemption under the California State Board of Equalization rules, may qualify as an owner occupant.

The burden shall be on the property owner to show that the primary residential unit, accessory dwelling unit, or junior accessory dwelling unit is the property owner's principal place of residence as evidenced by qualifying for the homeowner's tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy as their principal place of residence.

14.72.030 Where Permitted.

A Accessory Dwelling Unit. An Accessory Dwelling Unit that conforms to the development standards of this section shall be permitted in any zone that allows residential use, located on a lot developed or proposed to be developed with one or more residential units, except as prohibited or restricted in subsection C below. An Accessory Dwelling Unit that does not conform to the development standards of this section, may nonetheless be approved in accordance with the requirements of Section 14.72.060.H.2.

B. Junior Accessory Dwelling Unit. A Junior Accessory Dwelling Unit may be permitted in any zone that allows residential use, and shall be located on a lot developed with an existing or proposed single residential unit, except as prohibited or restricted in subsection C below.

C. Prohibited or Restricted Locations.
1) Based on the Final Sea Level Rise Vulnerability Assessment and Adaption Plan identification of flooding hazards in the Beach Neighborhood Overlay District and City Local Coastal Plan Objective S-4, proposed Accessory Dwelling Units in the Beach Neighborhood Overlay District, as defined in the ADU Beach Overlay District Zoning Map, shall be subject to discretionary review, as determined necessary by the Community Development Director, or a Director-appointed designee, to address and mitigate identified coastal hazards, including flooding, and coastal resource policy issues that address coastal access, in order to avoid risks to public safety associated with loss of life, property, and social dislocations 2) Accessory Dwelling Units shall be permitted in locations that are consistent with coastal resource protection policies of the City's Coastal Land Use Plan, including but not limited to environmentally sensitive habitats; coastal access; and visual, recreational, and cultural resources. 3) No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted in a formally designated area where water or sewer service is found to be inadequate by the Carpinteria Sanitary District or Carpinteria Valley Water District, as appropriate, or in a formally designated area where traffic flow and public safety would be adverse impacted, as determined by the Carpinteria-Summerland Fire Protection District.

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4) Unless prohibited or restricted by C.1 - C.4 of this subsection, applications for an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit in the California Coastal Commission's Appeals Jurisdiction shall be permitted in accordance with Section 14.72.110.

14.72.035 Unit Configuration.

A One Accessory Dwelling Unit and/or one Junior Accessory Dwelling Unit shall be permitted on a lot in addition to the Primary Residential Unit, pursuant to this Chapter. However, multiple Accessory Dwelling Units may be permitted in accordance with all the configuration requirements, development standards, and special procedures outlined in Section 14.72.090, Development Standards for Special Accessory Dwelling Units.

B. An Accessory Dwelling Unit may be permitted in the following configurations:
1) Incorporated entirely within an existing or proposed Primary Residential Unit.
2) Incorporated entirely within an existing accessory building, including garages, located on the same lot as the Primary Residential Unit. 3) Through conversion of a garage, carport or covered parking structure. 4) Attached to or increasing the size of an existing Primary Residential Unit or attached accessory building located on the same lot as the Primary Residential Unit.
5) Detached from and located on the same lot as the existing or proposed Primary Residential Unit. An Accessory Dwelling Unit that is attached to another detached accessory building, but not the Primary Residential Unit, or is attached by a breezeway or porch, is considered detached.

C. Except as provided in Health and Safety Code Section 17981.12, Accessory Dwelling Units shall not be permitted within an existing nonconforming structure if the structure is nonconforming as to the coastal resource protection policies of the LCP.

14.72.040 Sale, Rental, and Occupancy Terms.

All Accessory Dwelling Units and Junior Accessory Dwelling Units shall be subject to the following sale, rental, and occupancy terms:

A Not to be Sold Separately. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall not be sold separately from the Primary Residential Unit, subject to the provisions of Government Code Section 65852.26 and/or other provisions of state law that govern Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit sales.

B. Deed Restriction. Prior to issuance of a permit for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations consistent with ORDINANCE NO. 758 15
this Section 14.72.040 or other applicable limitations in the Title 14 of the Carpinteria Municipal Code and City administrative policies applying to the applicable base zone district that shall run with the land.

C. Rental Terms. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be rented as a residential unit. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall not be rented as a Short-Term Rental, as defined in Section 14.08.562 or for less than thirty one (31) consecutive days, whichever is more restrictive. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one thirty (30) day period occupancy by the same tenant.

D. Owner Occupancy. The following types of projects are subject to an owner occupancy requirement:
1) The property owner's principal place of residence requirement, upon the property where an Accessory Dwelling Unit is permitted, shall not apply to Accessory Dwelling Units approved between adoption of this Chapter 14.72 and January 1, 2025. The property owner's principal place of residency requirement shall apply to, an Accessory Dwelling Unit permit issued after January 1, 2025, unless otherwise prohibited under state law, or upon repeal of Government Code Section 65852.2(a)(6)(B) removing the stateimposed prohibition of an owner occupancy requirement, whichever occurs first.
2) Where a Junior Accessory Dwelling Unit is located on a property, the burden shall be on the property owner to show that the Primary Residential Unit, or Junior Accessory Dwelling Unit is the property owner's principal place of residence as evidenced by qualifying for the homeowner's tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy. A property owner shall have only one principal place of residence for the purposes of this Chapter 14.72. Notwithstanding, owner occupancy shall not be required if the property owner is another governmental agency, land trust, or housing organization.

E. Hardship Waiver. If owner occupancy is required in accordance with subsection D, Owner Occupancy, the property owner may apply for a temporary waiver in the event of a hardship. For the purposes of this section, an event of a hardship includes but is not limited to the death or disability of the property owner, job transfer, or similar significant personal situation which prevents the property owner from occupying the owner's unit. A property owner or estate representative may apply for a temporary waiver of the owneroccupation requirement for a specific time period to allow the owner's unit to be occupied by a non-property owner until the cessation of the circumstances preventing the property owner from occupying the owner's unit on the property. The Community Development Director shall review applications for an event of hardship waiver. Any such temporary waiver shall specify the period of time for which it is granted, provided that no such waiver may be granted for a period longer than three (3) years.

ORDINANCE N0.758 16
F. Removal of Owner Occupancy Requirement. With the exception of owner occupancy covenants, restrictions or conditions required to permit a Junior Accessory Dwelling Unit, the Community Development Director will, in a form acceptable to the City Attorney, release an owner occupancy requirement recorded against the property prior to adoption of this ordinance upon the request of the property owner. No other covenants, restrictions or conditions required pursuant to this Title 14, and contained in the agreement recorded against the property shall be released, unless the Community Development Director determines that the covenant, restriction or condition conflicts with California Civil Code section 714.3.

14.72.050 Required Features.

Each Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall contain, at a minimum, the following features:

A Residential Elements. Permanent provisions for separate residential occupancy must be provided as follows within the contiguous livable floor space of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit and must be independent from the Primary Residential Unit, unless otherwise noted:

1. Provisions for cooking, including storage, countertop, sink, and electric outlets as required per Carpinteria Municipal Code, Title 15 - Buildings and Construction. A Junior Accessory Dwelling Unit may contain an efficiency kitchen.

2. A bathroom consisting of a toilet, sink, and bathtub or shower. A Junior Accessory Dwelling Unit may share sanitation facilities with the existing or proposed Primary Residential Unit.

3. A separate sleeping room, except in studio residential units, where a living room is considered a sleeping room.

B. Minimum Floor Area. The minimum floor area for a new Accessory Dwelling Unit is as follows:

1. Efficiency Unit: 150 square feet.

2. Studio Unit: 220 square feet.

Such usable floor area shall be exclusive of open porches, garages, basements, cellars and unfinished attics. The minimum floor area for Accessory Dwelling Units that are created by converting existing structures is 150 square feet.

C. Exterior Access. Exterior access to the unit, that is independent from the Primary Residential Unit must be provided. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit may provide an interior connection consisting of one fire-rated lockable door between the Primary Residential Unit, but one is not required.

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D. Fire Sprinklers. Fire sprinklers are required only if they are required for the Primary Residential Unit.

E Permanent Foundation. Attached and detached units shall be constructed with a City-approved permanent foundation in accordance with Chapter 15 - Buildings and Construction, of the Carpinteria Municipal Code.

F. Property Addresses. Addresses identifying all residential units on the lot, with minimum three- and one-half-inch numbers plainly visible from the street or road fronting the property shall be provided.

G. Utility Fees. An Accessory Dwelling Unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the Accessory Dwelling Unit was constructed with a new single-family dwelling.

H. Public Sewer Service. Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with the sewer service requirements of the Carpinteria Sanitary District, including but not limited to advanced procurement of a Sewer Construction Permit for exterior plumbing modifications or sewer lateral installation.

I. Public Water Service. Accessory Dwelling Units shall comply with the water service requirements of the Carpinteria Valley Water District, consistent with state law, including but not limited to Government Code Section 65852.2(f)(2)(A).

J. Direct Utility Connection. No direct new or separate utility connection, or related fees, shall be required between a public sewer or water service district and an Accessory Dwelling Unit or Junior Accessory Dwelling Unit that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure (including an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure.

K Passageway. No passageway is required in conjunction with the construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit.

L Enforcement of Building Standards. In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code providing the Accessory Dwelling Unit was built prior to January 1, 2020.

ORDINANCE N0.758 18

14.72.055 Development Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units.

A Development Standards Generally. The development standards listed in this section apply to Accessory Dwelling Units and Junior Accessory Dwelling Units, except for Special Accessory Dwelling Units permitted in accordance with all the configuration requirements, development standards, and special procedures outlined in Section 14.72.090, Standards for Special Accessory Dwelling Units.

1. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit on the lot.

If for any reason the Accessory Dwelling Unit is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the Accessory Dwelling Unit, including, but not limited to, the requirements for open yard, setbacks, and covered parking.

2. Except as otherwise specified in this section, projects developed in accordance with this Chapter shall otherwise comply with objective development standards applicable to an attached or detached accessory building or structure for the housing type and base zone in which the lot is located.

3. One Primary Residential Unit shall be designated on a lot on which an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit is permitted.

4. Notwithstanding Section B below or other local development standards for the base zone district that are not expressly prohibited by state law or reduced due to provisions in Section 14.72.030, any other minimum or maximum size for an Accessory Dwelling Unit based upon a percentage of the proposed floor area or existing floor area, or limits on building coverage, floor area ratio, open space, or minimum lot size, for either attached or detached dwellings shall permit at a minimum: an 800 square foot Accessory Dwelling Unit that is up to 16 feet in height, with four-foot side and rear yard setbacks, constructed in compliance with all other local development standards.

B. Maximum Floor Area. The maximum floor area(s) for a standard Accessory Dwelling Unit and Junior Accessory Dwelling Unit are as follows:

1. Attached Accessory Dwelling Unit. An Accessory Dwelling Unit that is attached to, and increasing the size of, the Primary Residential Unit shall not exceed 50 percent of the existing floor area of the existing Primary Residential Unit, and shall not exceed a maximum floor area of 800 square feet.

ORDINANCE N0.758 19

2. Converted Accessory Dwelling Unit. An Accessory Dwelling Unit that is incorporated entirely within an existing Primary Residential Unit, or within an existing accessory building, is not limited in size.

3. Detached Accessory Dwelling Unit. An Accessory Dwelling Unit that is detached from the Primary Residential Unit and may or may not be attached to another detached accessory building, including detached garages, shall not exceed the following maximum floor area based on lot size and number of bedrooms:
a. Lots up to 14,999 square feet:
i. One-bedroom or studio units: 850 square feet.
ii. Two or more-bedroom units: 1,000 square feet.

4. Junior Accessory Dwelling Unit. The maximum floor area of a Junior Accessory Dwelling Unit shall not exceed 500 square feet.

C. Relationship to Other Floor Area Limitations. The floor area of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is included in any other floor area limitation in this Title that is applicable to an attached or detached accessory building for the housing type and in the base zone in which the lot is located.

1. Exception. The floor area of a detached Accessory Dwelling Unit shall be excluded from the aggregate maximum lot coverage allowed for other detached accessory buildings, such as work or storage sheds.

D. Building Separation. The minimum separation between the Primary Residential Unit and a detached Accessory Dwelling Unit shall be five feet.

E. Front, Side, and Rear Setbacks. The following setbacks shall apply to new and converted standard Accessory Dwelling Units approved pursuant to this section:

1. New Construction. Newly constructed Accessory Dwelling Units shall comply with the following setback standards:
a. Front Setback: Meet the minimum front setback for residential structures of the base zone district.
b. Side and Rear Setback: Four feet in all zones except 4-R-1, which must maintain a minimum three feet of distance in the side yards.

2. Converted. No setback is required to convert the existing floor area of a principal or accessory building to an Accessory Dwelling Unit.

3. Demolished or Substantially Redeveloped. No setback is required when an existing principal or accessory building is demolished or substantially redeveloped and converted to an Accessory Dwelling Unit, provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building.
a. Exception for Small Conforming Additions. One small 150-square-foot conforming first floor addition may be permitted on a substantially ORDINANCE N0.758 20
redeveloped and converted accessory building that is nonconforming as to the front, side, or rear setbacks for accommodation of unit ingress and egress.

4. New Construction Combined with Replacement of a Nonconforming Accessory Structure. The construction of an Accessory Dwelling Unit may be combined with the demolition and replacement of a detached accessory structure that is nonconforming as to the front, side, or rear setbacks if all of the following requirements are met:
a. The new accessory structure is reconstructed in the same location and with the same dimensions as the existing accessory structure; or b. The Accessory Dwelling Unit and any additions to the accessory structure shall conform with setbacks of this section; and c. The new accessory structure shall comply with all applicable height and all other development standards of this section.

14.72.060 Design Review.

All Accessory Dwelling Units or Junior Accessory Dwelling Units shall be subject to the following architectural design criteria as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Community Development Director or the Director's designee. Design standards in the base zone district shall apply where they do not conflict with this section or state law.

For purposes of this section, portions of a building or site considered to be the Accessory Dwelling Unit shall include all of the contiguous interior livable floor area of the Accessory Dwelling Unit and any exterior alterations directly attached to, and integral to, the livable floor area of the Accessory Dwelling Unit.

A Prohibition of Shiny Roofing and Siding. New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited.

B. Grading. No more than 30 cubic yards of grading on slopes of less than 15 percent.

C. Height. An Accessory Dwelling Unit shall not exceed the following, whichever is greater:

1. Height of the Primary Residential Unit;

2. Number of stories of the Primary Residential Unit; or

3. 16 feet.

This height limitation is not applicable to an Accessory Dwelling Unit constructed above a garage; however, in no event shall the resulting building exceed the maximum height or number of stories allowed for a detached or attached accessory building in the zone.

4. Unless constructed over a garage, the new unit located in the front yard shall be:

ORDINANCE N0.758 21
a. No more than one-story and 16 feet in height; and
b. Screened from the street by location or landscape, as viewed from the street.

D. Design. New detached or attached Accessory Dwelling Units shall utilize the design of the Primary Residential Unit regarding style, fenestration, materials, colors, and details if the Accessory Dwelling Unit meets any of the following:

1. Attached to, or if any portion of the Accessory Dwelling Unit is located within 20 feet of, the Primary Residential Unit;

2. Two stories tall, or 12 feet or taller in building height;

3. Located in the front yard or visible from a public street or public place.

4. Located on a site on which there is a historical resource as follows:
a. Listed on the National Register of Historic Places or the California Register of Historic Resources; or
b. Designated as a City of Carpinteria Landmark or Structure of Merit.

E Front Yard Location. The construction of a new detached Accessory Dwelling Unit located in the front yard shall be subject to all of the following:

The new Accessory Dwelling Unit must be located a minimum of 20 feet back from all front lot lines, or meet the minimum front setback for the zone in which the lot is located, whichever is greater, providing setbacks do not preclude construction of a Special Accessory Dwelling Unit.

F. Privacy Standards. The construction of an Accessory Dwelling Unit where any portion of the proposed construction is either: two or more stories tall or 16 feet or taller in building height, shall comply with the following:

1. Upper story unenclosed landings, decks, and balconies greater than 20 square feet, shall face the Primary Residential Unit or the public right-ofway.

2. Upper story unenclosed landings, decks and balconies, that do not overlook the adjoining property due to orientation or topography, may be located at the minimum interior setback line if an architectural screening element such as enclosing walls, trellises, awnings or perimeter planters with an eight-foot minimum height is incorporated into the unenclosed landing, deck or balcony.

3. Upper story windows that face or overlook the adjoining property, located within 15 feet of the interior lot lines, shall be installed with a minimum of 72 inches above finish floor.

G. Solar Access. Newly constructed detached Accessory Dwelling Units are subject to the Energy Code requirement to provide solar panels. The panels may be installed on the Accessory Dwelling Unit or the Primary Residential Unit. Accessory Dwelling Units that are constructed within existing space, or as an addition to existing homes, including detached additions where an ORDINANCE NO.758 22
existing detached building is converted from non-residential to residential space, are not subject to this requirement.

14.72.070 Protection for Historic Resources.

No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted if the proposal would cause a substantial adverse change in the significance of a historical resource that is listed or eligible for listing on the National Register of Historic Places, the California Register of Historical Resources, located in the downtown and Old Town District, or designated as a City of Carpinteria Landmark or Structure of Merit. The Community Development Director shall make this determination by requiring additional information that the Director determines is necessary, including but not limited to a Historic Resources Report, to ensure that the proposal is consistent with City cultural and historic resource policies and as appropriate, the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.

14.72.080 Parking Standards
Consistent with the requirements of the City's Coastal Land Use Plan Policies, sufficient off-street parking must be provided for any new development and substantial redevelopment so as to avoid significant adverse impacts to public access to the shoreline and coastal recreation areas. Automobile parking, therefore, must be provided consistent with this Section for lots developed with Accessory Dwelling Units or Junior Accessory Dwelling Units, as follows:

A Beach Neighborhood Overlay District. All required parking in the Beach Neighborhood Overlay District shall be located based on:

1. The City's Local Coastal Plan Objective OSC-14 and Policy OSC-14a, the City's Final Sea Level Rise Vulnerability Assessment and Adaption Plan identification of increasing coastal flood hazards in the Beach Neighborhood Overlay District and given existing identified impeded traffic flow during flood events at neighborhood and Carpinteria State Beach parking lots.

2. The need to preserve coastal public access in this area, where specific vacation rental provisions are implemented under the LCP and high demand exists for coastal visitor-serving recreational opportunities, including coastal access parking.

Parking may be located and designed consistent with D.3 of this section.

B. Primary Residential Units. Automobile parking for the Primary Residential Unit shall be provided in compliance with Chapter 14.54, except as provided below.

1. Special Procedures for Conversion or Demolition of Existing Covered Parking to an Accessory Dwelling Unit. When an existing garage, carport, or other covered parking structure is converted to an Accessory Dwelling ORDINANCE N0.758 23
Unit or a Junior Accessory Dwelling Unit or demolished in conjunction with the construction of the unit, the required covered parking spaces that are displaced by the conversion or demolition shall not be required to be replaced.

2. Nonconforming Conditions. If the Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit is developed in accordance with all the requirements of this Chapter, and is a Special Accessory Dwelling Unit eligible for approval, nonconforming parking shall not be required to conform to current parking standards for new floor area associated with the unit(s).

C. Junior Accessory Dwelling Units. No automobile parking is required for Junior Accessory Dwelling Units.

D. No Parking Required for Certain Dwelling Units. The following types of Accessory Dwelling Units are not required to provide parking if it meets all of the following criteria:

1. The Accessory Dwelling Unit is located outside of ADU Beach Neighborhood Overlay District based on the Final Sea Level Rise Vulnerability Assessment and Adaption Plan science-based identification of coastal hazards in the Beach Neighborhood Overlay District, that presently occur along the seaward side of Sandyland Road, and with increasing hazards that are projected to occur in the district due to estimated sea level rise of one to five feet, between the present and through 2100

2. The Accessory Dwelling Unit meets at least one of the following measures that will sufficiently reduce the demand for off-street parking:
a. The Accessory Dwelling Unit is located within a walking distance of one-half mile of an operational public transit stop, which shall include various means of transportation that charge set fees, run on fixed routes, and are available to the public; or
b. The Accessory Dwelling Unit is located within the Downtown Old Town District; or
c. The Accessory Dwelling Unit is contained entirely within the permitted floor area of the existing Primary Residential Unit or an existing accessory building; or
d. When on-street parking permits are required but not offered to the occupants of the Accessory Dwelling Unit; or
e. When there is a carshare vehicle located within 500 feet of the Accessory Dwelling Unit.

3. All other Accessory Dwelling Units shall provide parking as below:
a. A minimum of one uncovered automobile parking space per unit or bedroom, whichever is less. Guest parking shall not be required for Accessory Dwelling Units in any circumstance.

ORDINANCE N0.758 24
b. The space may be provided as tandem parking on a driveway. c. Uncovered parking spaces may be located four feet from any interior lot line, provided a minimum of three feet in width of planting area is provided for the length of the paved parking area along the interior lot line.

14.72.090 Development Standards for Special Accessory Dwelling Units.

Special Accessory Dwelling Units, as defined in Section 14.72.020(A), shall be allowed, consistent with state law, in accordance with either subsection A or B, below, and shall conform to the development standards of subsection C, below.

Design standards of the base zone district shall apply where they do not conflict with this section or state law.

A Configuration - Dwelling, Single Family Lots. A lot developed with only one existing or proposed single residential unit, may permit one of the following types of Special Accessory Dwelling Units:

1. Converted Portion of Main Building. Only one Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit contained entirely within the fully enclosed existing floor area of the existing or proposed Primary Residential Unit; or

2. Converted Accessory Building. Only one Accessory Dwelling Unit contained entirely within the fully enclosed existing floor area of a garage or other accessory building on the same lot as the Primary Residential Unit, plus one 150-square-foot conforming first floor addition, if the addition is limited to accommodating ingress and egress; or

3. One Unit - New Construction. One newly constructed Accessory Dwelling Unit, detached from any other main or accessory building; or

4. Two Units - Combination. One Junior Accessory Dwelling Unit contained entirely within the existing, legally permitted, fully enclosed livable floor area of the existing or proposed Primary Residential Unit, plus one newly constructed, Accessory Dwelling Unit, detached from any other main or accessory building.

8. Configuration - Dwelling, Multiple Family Lots. A lot developed with two or more residential units may permit one of the following types of Special Accessory Dwelling Units:

1. Converted Non-Livable Space. At least one Accessory Dwelling Unit, and up to twenty five percent (25%) of the existing number of multifamily structures (structure containing multiple dwelling units) on a lot, may be converted into a Special Accessory Dwelling Unit on the lot, if contained entirely within portions of fully enclosed existing floor area of a residential structure that is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages; or
ORDINANCE N0.758 25

2. Two Units - New Construction. No more than one newly constructed Accessory Dwelling Unit, detached from any other main or accessory building, shall be allowed for lots with four of fewer units. For lots with greater than four units, no more than two newly constructed Accessory Dwelling Units, detached from any other main or accessory building shall be allowed.

C. Development Standards Generally. The development standards listed in this section apply to specific types of Special Accessory Dwelling Units with certain size, height, and setback standards that, if followed, allow for a permit issued by the Director of the Community Development Department. Further, no lot coverage, floor area ratio, open space, or minimum lot size shall preclude the construction of a Special Accessory Dwelling Unit.

1. Maximum unit size. The maximum unit size of a Special Accessory Dwelling Unit shall be 800 square feet.

2. Height. The maximum height of a Special Accessory Dwelling Unit shall be 16 feet.

3. Setbacks. Rear yard and side yard setbacks shall be a minimum of 4 feet.

4. Parking. Except for Accessory Dwelling Units or Junior Accessory Dwelling Units located in Beach Neighborhood Overlay District, which is subject to Section 14.72.080 - PARKING STANDARDS, no replacement or additional parking shall be required.

5. Nonconformity. Correction of any existing or created nonconformity shall not be required, except that Special Accessory Dwelling Units shall not be allowed in buildings or structures that are nonconforming as to coastal resource protection policies or development standards of the LCP.

6. Rental term. No unit shall be rented for 30 days or less.

7. Fire sprinklers. Fire sprinklers are required in units where required for the primary residence.

8. Density. Units shall not be calculated as part of general plan/coastal land use plan density calculations.

9. Ownership occupancy. Special Accessory Dwelling Units and Junior Accessory Dwelling Units shall conform to owner occupancy terms as defined in Section 14.72.040(0).

D. Development Standards for Conversion of Existing or Proposed Primary Single-Family Residence or Accessory Structure into a Special Accessory Dwelling Unit.

Except for Accessory Dwelling Units located in Beach Neighborhood Overlay District, which is subject to Section 14.72.080 - PARKING STANDARDS, no size limitation, height, setback, lot coverage, design review, landscape, or other development standard shall be required. The proposed unit shall be required to obtain a building permit.

ORDINANCE N0.758 26
E. Any reductions and exceptions in this section are for the express purpose of promoting the development and maintenance of a Special Accessory Dwelling Unit or Junior Accessory Dwelling Unit on the lot. If for any reason the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is no longer maintained on the lot, the lot shall be brought into compliance with all of the requirements for the remaining residential development, or with the legal nonconforming condition of the lot prior to the development of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit.

F. Applications utilizing the Special Accessory Dwelling Unit standards described in this section may not utilize the less restrictive configuration, size, and height standards allowed under another section to achieve a larger unit or more than one unit.

G. Except as otherwise specified in this section, Special Accessory Dwelling Units developed in accordance with this Chapter shall otherwise comply with the development standards applicable to the housing type and base zone district in which the lot is located and all applicable state and local building codes.

14.72.100 Processing Requirements.

All Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with applicable state and local building codes and shall require approval of either a Coastal Development Permit without public hearing and a building permit, or an Appealable Coastal Development Permit and a building permit for units located within the zones governed by the California Coastal Commission Appeals Jurisdiction.

A Residential Density. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit is a residential use that is consistent with the existing Coastal Land Use Plan designation and zoning for lots within the allowable residential zones. Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit permitted pursuant to this section does not exceed the allowable density for the lot upon which the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located.

B. Combined Permits. If a permit application for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is submitted at the same time as a permit application for a new single-unit dwelling, review of the permit for the Accessory Dwelling Unit or Junior Accessory Dwelling Unit application shall be delayed until the permit for the single-unit dwelling has been approved.

C. Permit Approval. Except for applications to create an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit in the Beach Neighborhood Overlay District, where the City determines that discretionary review is required, the City shall act on the application to create an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit within 60 days from the date a complete application is submitted, if an existing primary residence or multifamily dwelling exists on the lot and the proposed Accessory Dwelling Unit or Junior Accessory Dwelling Unit conforms to all applicable objective development ORDINANCE N0.758 27
standards of this Chapter. If an applicant requests a delay, the application shall be deemed approved unless the City provides the applicant with notice within the 60 day period that the application implicates Coastal Act/LCP policies such that it requires further review.

D. Building Permit Approval. The City shall ministerially approve or disapprove a complete building permit application for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit in compliance with time periods established by State law, following any applicable coastal development permit approvals.

E. Exemption for Public Improvements. No public improvements shall be required for the creation or conversion of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit.

F. Impact Fees. Accessory Dwelling Units up to 750 square feet are exempt from impact fees. Accessory Dwelling Units that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling. In no event shall Junior Accessory Dwelling Units be charged impact fees.

G. School Impact Fees. School districts may levy impact fees for Accessory Dwelling Units greater than 500 square feet. Such fees should be based on City and school district coordination and evaluation, and findings of a district prepared nexus study to determine any appropriate fees necessary to ensure the adequacy of school facilities.

H. Recorded Agreement. Before obtaining a building permit for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the property owner shall execute an agreement, containing a reference to the deed under which the property was acquired by the present owner which outlines the requirements regarding the sale, rental, and owner occupancy of lots developed with Accessory Dwelling Units and Junior Accessory Dwelling Units as specified in Section 14.72.040 of this Chapter and other applicable limitations in the Title 14 of the Carpinteria Municipal Code and City administrative policies applying to the applicable base zone district that shall run with the land.

I. Recorded Deed Restriction. As a condition of coastal permit approval for new development in the ADU Beach Neighborhood Overlay District, and as required by the City Zoning code and other applicable laws, ordinances, policies, practice and/or procedures, the City may require that an applicant record a deed restriction on the property to acknowledge and agree to certain conditions, including but not limited to: 1) that the development is located in a hazardous area, or an area that may become hazardous in the future; 2) to assume the risks of injury and damage from such hazards in connection with the permitted development; 3) to unconditionally waive any claim of damage or liability against the City of Carpinteria and Coastal Commission, if the property is appealed, its officers, agents, and employees with respect to approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of ORDINANCE N0.758 28
such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards; 5) that they have no rights under Coastal Act Section 30235 and related LCP policies to shoreline armoring in the future; 6) that sea level rise could render it difficult or impossible to provide services to the site (e.g., maintenance of roadways, utilities, sewage or water systems), thereby constraining allowed uses of the site or rendering it uninhabitable; 7) that the boundary between public land (tidelands) and private land may shift with rising seas, the structure may eventually be located on public trust lands, and the development approval does not permit encroachment onto public trust land; 8) any future encroachment must be removed unless the Coastal Commission determines that the encroachment is legally permissible pursuant to the Coastal Act and authorizes it to remain, and any future encroachment would also be subject to the State Lands Commission's (or other trustee agency's leasing approval; and 9) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe or if removal is required.

14. 72.110 Authority to Review.

A Coastal Commission Permit Jurisdiction. Notwithstanding other permit and appeal provisions of this chapter, development proposals which are located on lands identified as tidelands, submerged lands or public trust lands as identified on the Post-LCP Certification Permit and Appeal Jurisdiction Map, City of Carpinteria, adopted by the Coastal Commission, shall require a coastal development permit from the Coastal Commission pursuant to California Public Resources Code Section 30519(b ). Upon submittal to the City of an application for a coastal development permit, the Community Development Director shall notify the applicant and the Coastal Commission of the determination that the project is within the retained permit jurisdiction of the Coastal Commission, and therefore, a State coastal development permit issued by the Coastal Commission is required for the development. In conjunction with the City's review and decision on the development in accordance with the requirements of this chapter and other City codes, the City shall also make a recommendation to the Coastal Commission regarding the development's conformance with the certified Local Coastal Program, including this chapter. The City's determination of development conformance with the objectives and requirements of the Local Coastal Program shall be advisory only and not a final action under this chapter. Development shall not proceed until the Coastal Commission grants a coastal permit for such a development.

B. Coastal Commission Appeals Jurisdiction. Where an appealable coastal development permit is required pursuant to Section 14.48 of this Title, the authority to review an application for a Coastal Development Permit is designated to the Community Development Director or the Director's designee. In the appealable area, decisions of the Director or the Director's designee may be appealed to the Coastal Commission in accordance with ORDINANCE N0.758 29
Section 14.48. Actions on applications to construct Accessory Dwelling Units within these areas shall be consistent with the provisions of the applicable zone and the policies and development standards of the City of Carpinteria's certified Local Coastal Program and Chapter 3 of the California Coastal Act.

C. Discretionary Review with Appeals (ESHA and Beach Neighborhood Overlay District.) Applications to create an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit in Beach Neighborhood Overlay District, where the Community Development Director or the Director's designee determines that discretionary review is required, shall be processed with a Coastal Development Permit, that may be appealed in accordance with Section 14.78 of this Chapter.

D. Coastal Development Permits without Discretionary Review. When a proposed Accessory Dwelling Unit or Junior Accessory Dwelling Unit is not a Special Accessory Dwelling Unit and is located outside the Coastal Commission appeals jurisdiction, the Beach Neighborhood Overlay District, and/or an Environmentally Sensitive Habitat Area, a coastal development permit application shall be required and the application shall be reviewed and approved by the Community Development Director, or the Director's designee, without a public hearing in accordance with Government Code Section 65852.2. The decision of the Community Development Director, or the Director's designee shall not be appealable and constitute the final action of the City.

E Administrative Coastal Development Permit for Special Accessory Dwelling Units. When a Special Accessory Dwelling Unit is proposed in conformance with 14.72.090 of this Section and is located outside the Coastal Commission appeals jurisdiction, the Beach Neighborhood Overlay District, and/or an Environmentally Sensitive Habitat Area, such unit shall be issued an administrative coastal development permit by the Community Development Director or the Director's designee without a public hearing in accordance with Government Code Section 65852.2 and not be appealable and constitute the final action of the City.

F. Building Permits for Junior Accessory Dwelling Units. When a Junior Accessory Dwelling Unit is completely within the footprint of a single-family residence and is located outside the Coastal Commission appeals jurisdiction and/or the Beach Neighborhood Overlay District, such unit shall be required to obtain a building permit to ensure compliance with building code and health and safety standards.

End
ORDINANCE N0.758 30

Attachment C
Resolution No. 6187
RESOLUTION NO. 6187

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA, ACKNOWLEDGING RECEIPT AND ACCEPTANCE OF

THE CALIFORNIA COASTAL COMMISSION'S APPROVAL OF LOCAL
COASTAL PROGRAM AMENDMENT LCP-4-CPN-22-0050-1, THUS

APPROVING LOCAL COASTAL PROGRAM AMENDMENT PROJECT
19-2008-LCPA/ORD TO AMEND PROVISIONS OF THE CITY'S LOCAL

COASTAL PROGRAM AND ZONING CODE REGARDING

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND AMENDING THE CITY'S ZONING MAP TO

ESTABLISH AN ADU BEACH NEIGHBORHOOD OVERLAY DISTRICT
WHEREAS, at duly noticed public hearing on August 1, 2022, the Planning Commission considered Project 19-2008-LCPA/ORD and forwarded its comments regarding the Local Coastal Program Amendment to the City Council; and WHEREAS, at a duly noticed public hearing on September 26, 2022, after consideration of the Planning Commission's comments, receipt of public comment, due consideration, and discussion among the Council and staff, the City Council adopted Resolution No. 6160 certifying that the proposed Ordinance No. 758 is intended to carry out the policies of the City's Coastal Land Use Plan consistent with the California Coastal Act and directed that Ordinance No. 758 be transmitted to the California Coastal Commission for filing pursuant to Public Resources Code Section 3051 0(a) and in accordance with Section 13551 (b)(2) of Title 14 the California Code of Regulations; and
WHEREAS, the City Council's consideration of Project 1'9-2008- LCPA/ORD reflects the Council's commitment to promote production of additional housing stock within the Coastal Zone consistent with the California Coastal Act and California Coastal Commission guidance; and
WHEREAS, the California Coastal Commission determined the City's submittal to be complete on November 8, 2022; and
WHEREAS, on December 15, 2022 the California Coastal Commission considered and approved Amendment LCP-4-CPN-22-0050-1 (Accessory Dwelling Units) to the City's Local Coastal program as submitted; and WHEREAS, a full and complete copy of the project materials (19-2008- LCPA/ORD) is on file with the City's Community Development Department, located at 5775 Carpinteria Avenue, Carpinteria, California; and C:\Users\steve\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\GY7CWQO2\Final Attachment C - 1.23.23 Resolution 6187(25100906.2).docx Resolution No. 6187

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WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code§ 21000 et seq., "CEQA"), the California Code of Regulations, Title 14, § 15000 et seq. ("CEQA Guidelines") and the City of Carpinteria's Environmental Review Guidelines as applicable, the City determined that Ordinance No. 758 is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of State Government Code Section 65852.2, and is categorically exempt from review under CEQA in accordance with CEQA Guidelines Section 15303, which exempts new construction or conversion of small structures.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The foregoing recitals are true and accurate.

SECTION 2. The City Council acknowledges receipt of the Coastal Commission's action for Local Coastal Program Amendment LCP-4-CPN-22- 0050-1 (Accessory Dwelling Units).

SECTION 3. The City Council does hereby also resolve that this Resolution No. 6187 shall become effective thirty (30) days after the second reading, as read by title only, of Ordinance No. 758.

PASSED, APPROVED AND ADOPTED on this 23
rd day of January, 2023,
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
C:\Users\steve\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\GY7CWQO2\Final Attachment C - 1.23.23 Resolution 6187(25100906.2).docx Resolution No. 6187

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I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on January 23, 2023.

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
C:\Users\steve\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\GY7CWQO2\Final Attachment C - 1.23.23 Resolution 6187(25100906.2).docx Attachment D
CEQA Notice of Exemption
Ii Print Form J
Notice of Exemption Appendix E
To: Office of Planning and Research
P .0. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: Santa Barbara
105 East Anapamu Street
From: (Public Agency): City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
(Address)
Santa Barbara, CA 93101
Project Title: Accessory Dwelling Unit Program
Project Applicant: _C_it_y_o_f_C_a_rp_i_n_te_r_ia _
Project Location - Specific:

Citywide Carpinteria
Project Location - City: Carpinteria Project Location - County: Santa Barbara Description of Nature, Purpose and Beneficiaries of Project:

The proposed project would amend the Zoning Code to implement the Accessory Dwelling Unit and Junior Accessory Dwelling Unit Program, consistent with State of California housing laws.

Name of Public Agency Approving Project: _C_it_y_o_f_C_a_r_p_in_te_r_ia _ Name of Person or Agency Carrying Out Project: _C_it_y_o_f_C_a_rp_i_n_te_r_ia _ Exempt Status: (check one):

D Ministerial (Sec. 21080(b)(1 ); 15268);
D Declared Emergency (Sec. 21080(b)(3); 15269(a));
D Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
IE! Categorical Exemption. State type and section number: _ 1 _
5 _
30 _
3 _
IE! Statutory Exemptions. State code number: _2_10_8_0_._1 _7 _ Reasons why project is exempt:

The ordinance is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an ordinance to implement the provisions of State Government Code Section 65852.2, and categorically exempt per CEQA Guidelines Section 15303, which exempts new construction or conversion of small structures, as is the case with Junior ADUs.

Lead Agency . . Contact Person: Steve Gogg1a, COD Director Area Code/Telephone/Extension: ( 80 5) 755-4414
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?. D Yes D No Signature: _____________ Date: _ Title: Comm. Develpmt. Director D Signed by Lead Agency D Signed by Applicant
Authority cited: Sections 21083 and 2111 o, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

Date Received for filing at OPR: _
Revised 2011
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Amendment to Consultant Services Agreement between the City of Carpinteria and John Douglas/JHD Planning LLC for additional planning services to prepare the City's 2023-2031 Housing Element for an amount not-to-exceed $33,000.

STAFF RECOMMENDATION
Authorize the City Manager to execute the Amendment (Attachment A) to the Agreement for Consultant Services to prepare the City's 2023-2031 Housing Element for an amount not-to-exceed $33,000, for a total contract amount of $97,680.

Sample Motion: I move to authorize the City Manager to sign the Amendment to the Agreement for Consultant Services between the City of Carpinteria and John Douglas/JHD Planning LLC to prepare the City's 2023-2031 Housing Element for an amount not-to-exceed $33, 000, for a total contract amount of $97,680. (motion requires a roll call vote)

BACKGROUND
Under State of California Planning laws, every city is required to prepare and keep updated a General Plan. One of the mandatory elements of the General Plan is the Housing Element. The City's Housing Element was last updated in 2015, and is for the planning period of 2015 thru 2023. While the City's Planning staff in the Community Development Department is leading the work to update the Housing Element, the use of a consultant to assist in its preparation is required due to the evolving and complex nature of state housing laws and the need to understand and balance housing with other state laws and local priorities.

The purpose of this matter is to allow the City Council to consider and act on a proposal to amend the existing consultant services contract to continue to assist City staff in completing the City's 2023-2031 Housing Element update. 25108353.1
JHD Planning LLC Consultant Agreement Amendment
January 23, 2023

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DISCUSSION
The City entered into a Consultant Agreement with John Douglas/JHD Planning LLC, on August 9, 2021. In addition to assistance in the preparation of the draft Housing Element document consistent with state law, the consultant work, to date, has included an introductory presentation at the Planning Commission's June 6, 2022 meeting, a South Coast Housing Workshop on June 22, 2022, a second meeting with the Planning Commission on August 1, 2022 reviewing strategies to meet our Regional Housing Needs Assessment (RHNA) numbers, a ZOOM webinar on October 13, 2022 with property owners whose property may be rezoned with a residential overlay and a special meeting of the Planning Commission and City Council on October 17, 2022 to review and approve the Draft Housing Element before sending it to HCD on November 23, 2022.

Two major factors contribute to the need for additional work: 1) significant new State requirements were imposed after work on the Housing Element update began, particularly regarding the topic of Affirmatively Furthering Fair Housing (AFFH) and new requirements for the inventory of sites to accommodate the RHNA; and 2) a much more exacting standard of analysis by HCD in reviewing all aspects of Housing Elements as compared to previous update cycles. Jurisdictions across the state are receiving comments from HCD in quality and quantity that simply require a greater amount of time to address than in prior Housing Element cycles.

The Amendment to the Agreement for Consultant Services Between the City of Carpinteria and John Douglas/JHD Planning LLC (Attachment A) includes the additional Scope of Work, Schedule and Budget and, if approved, would supplement the original Agreement.

FINANCIAL CONSIDERATIONS
John Douglas/JHD Planning LLC's preparation of the City's 2023-2031 Housing Element was approved at a not-to-exceed cost of $64,680. The original contract period spans two fiscal years, commencing with the 2020-2021 fiscal year. This Amendment provides for another $33,000 and will run through June 30, 2023. Sufficient funding has been included in the fiscal year 2022/23 budget, account #104-302-5201.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
At the Consultant's request, the Amendment to the Agreement for Consultant Services between the City of Carpinteria and John Douglas/JHD Planning LLC would require the City to indemnify, defend, and hold the consultant harmless in response to a legal challenge to any City decision, action or inaction related to Consultant's scope of work.

The City Attorney's Office plans to work closely with the consultant and City staff to oversee matters relating to the Housing Element in order to mitigate potential risks.

N:\Director\Consultant-Contracts\John Douglas\2023 Amendment\Final CC SR Consultant Agreement 1.23.2023(25108353.1) (003).docx
JHD Planning LLC Consultant Agreement Amendment
January 23, 2023

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OPTIONS

1. Authorize the City Manager to execute the Amendment to the Agreement for Consultant Services to prepare the City's 2023-2031 Housing Element for an amount not-to-exceed $33,000 (staff recommendation).

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

3. Receive staff report and choose not to execute the Amendment, and direct staff accordingly.

PRINCIPAL PARTIES EXPECTED AT THE MEETING
John Douglas, JHD Planning LLC
ATTACHMENT \
A. Amendment to the Agreement for Consultant Services Between the City of Carpinteria and John Douglas, JHD Planning LLC
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400 / [email protected]
N:\Director\Consultant-Contracts\John Douglas\2023 Amendment\Final CC SR Consultant Agreement 1.23.2023(25108353.1) (003).docx
Attachment A
Amendment to the original Agreement for Consultant Services Between the City of Carpinteria and John Douglas, JHD Planning LLC

FIRST AMENDMENT TO

CITY OF CARPINTERIA

PROFESSIONAL SERVICES AGREEMENT
WITH

JHD PLANNING, LLC
FOR
PREPARATION OF THE 2023-2031 HOUSING ELEMENT UPDATE
THIS FIRST AMENDMENT ("Amendment") is made and entered into as of January 23, 2023 ("Effective Date") by and between the CITY OF CARPINTERIA, a municipal corporation ("City"), and JHD PLANNING, LLC, a California limited liability company ("Consultant").

WHEREAS, City and Consultant entered into a Professional Services Agreement dated August 9, 2021 for Consultant to assist City in preparing its 2023-2031 Housing Element update ("Original Agreement"); and
WHEREAS, City and Consultant now desire to extend the term and amend other provisions of the Original Agreement as set forth below.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Section 3 of the Original Agreement shall be amended to read as follows:

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

2. Section 4.1 of the Original Agreement shall be amended to read as follows:

4.1 Basic Services. For Basic Services, City shall pay Consultant on a time and materials basis, not to exceed amount of ninety-seven thousand six-hundred eighty dollars ($97,680) as full compensation for all labor, materials, equipment, tools, transportation, and Services. This compensation shall be paid in accordance with the payment rates and schedule as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based on the actual time spent on the tasks and the actual price of the necessary materials. In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control.

3. Section 9 of the Original Agreement shall be amended to read as follows:

9. INDEMNIFICATION. In the event of a legal challenge to any City decision, action or inaction related to Consultant's scope of work, including but not limited to approval of or failure to approve any plan, policy, development entitlement, ordinance, regulation, CEQA document or technical study, or any penalty or other loss incurred by City related to City's Housing Element, City shall indemnify, defend and hold Consultant harmless. Consultant has no obligation to provide a legal defense to the City in connection with any such legal challenge, penalty or other loss; however, if requested by City, Consultant shall provide assistance to City in such matters as extra work with payment on a time and materials basis.

4. Section 10.2 of the Original Agreement shall be amended to read as follows:

10.2 Notice and Cooperation. Consultant shall promptly notify the City Manager and City Attorney in writing if Consultant, its officers, employees, agents, subcontractors or subconsultants are served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or party related to this Agreement and/or Consultant's related Services.

Except as provided in Section 9. Indemnification, City has no obligation to, but may exercise discretion to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide the City an opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not grant or imply a right of City to control, direct, dictate or rewrite said response.

5. Exhibit A of the Original Agreement shall be amended as follows.

Task 2: Housing Element Preparation of the Scope of Work is amended to add the following:

Fair Housing Assessment. A new technical appendix will be prepared to address new Affirmatively Furthering Fair Housing (AFFH) requirements in a format similar to other Housing Elements that have been certified by HCD. Since HCD requirements regarding the level of detail in this AFFH analysis and the related program commitments have been inconsistent in other jurisdictions, the budget allocated for this task is a preliminary estimate and an adjustment may be necessary if additional work is needed to address HCD comments.

HCD Review and Housing Element Certification. State law gives the California Department of Housing and Community Development (HCD) authority to issue opinions regarding whether a Housing Element complies with State requirements. A finding of substantial compliance by HCD is referred to as "certification" of the Housing Element. Certification is desirable to enhance cities' eligibility for grant funds and also provides a legal presumption of validity in the event of a legal challenge to the City's Housing Element. HCD review of Housing Elements is required both prior to and after final adoption by the City Council.

Obtaining HCD certification has become far more challenging in the 6 th planning
cycle as compared to prior cycles. Three major factors contribute to this change:
1) significant new State requirements have been imposed in recent years, such as Affirmatively Furthering Fair Housing (AFFH) and a higher standard of review for sites to accommodate the RHNA (as discussed under Resources and Opportunities, above); 2) significantly higher RHNA allocations than in prior cycles; and 3) a much higher level of scrutiny by HCD in reviewing all sections of Housing Elements as compared to previous update cycles. 21Page
Due to the vagueness and complexity of some new State housing laws and HCD's inconsistency in granting certification, it is not possible to predict with certainty the level of effort that will ultimately be needed to obtain HCD certification. Further, since the Housing Element is a policy document, certification will be dependent on the City Council's willingness to agree to HCD's recommendations. For these reasons it is not possible for the Consultant to guarantee that the Housing Element will ultimately be certified by HCD or to know in advance the level of effort that will be required. The budget reflects the Consultant's experience in other jurisdictions and is based on the anticipated level of effort; however, a contingency budget is recommended in the event that additional work is needed to fully address HCD comments.

Task 3: Public Participation of the Scope of Work is amended to increase the number of public meetings from four to five with remote participation by Consultant.

Task 4: Additional Services as Requested is added to the Scope of Work for other related tasks for which City may request assistance from Consultant.

Proposed Schedule is amended in its entirety as follows:

The statutory due date for adoption of 6
th cycle Housing Element updates for
jurisdictions in Santa Barbara County is February 15, 2023. After initiation of the Carpinteria Housing Element update in August 2021, major changes to State law expanded the requirements and extended the timeline for Housing Elements resulting in greater difficulties for cities in complying with State mandates. New requirements such as AFFH require substantial additional time for the Consultant to prepare and HCD's increased scrutiny of the inventory of sites to accommodate the RHNA requires additional effort by both City staff and Consultant. Major legislative changes effective January 1, 2022 included extending the time allowed for HCD to review initial draft Housing Elements from 60 to 90 days and requiring that cities post draft Housing Elements for public review at least 45 days prior to the initial submittal to HCD.

Consultant will work closely with City staff to ensure completion of the project as soon as is feasible given current requirements and workload.

Proposed Budget is amended in its entirety as follows:

Our proposed budget for the Housing Element update is shown below. Work will be billed on a time-and-materials basis and reimbursable expenses are billed at actual cost with no surcharge. We commit to donating 10% of our consulting fees for this project to charities of the City's choice that serve the housing needs of lower-income persons in Carpinteria. In the previous Housing Element cycle Mr.

Douglas donated over $5,000 to People's Self-Help Housing based on his work in Santa Barbara County.
31Page
I
Total
Task Descriotion JD WP Hours Cost
1 Project Initiation 40 40 $6,000
2 Housinq Element Preparation 400 24 424 $61,800
3 Public Participation 100 100 $15,000
4 Additional services as directed 40 40 $6,000
Total Labor 580 24 604 $88,800
Hourly Rate $150 $75
Recommended Continaencv (10%) $8,880
Total Labor+ Exoenses $97,680
JD = John Douglas, AICP, Project Manager
WP = Graphics/word processing
Notes:

Contingency funds will not be used without prior City staff authorization

6. All other terms, conditions, and provisions of the Original Agreement shall remain in full force and effect.
41Page
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Authorization for the City Manager to execute Amendment No. 1 to the Agreement with Cannon Corporation to provide additional services for the 2022 Pavement Rehabilitation Project.

STAFF RECOMMENDATION

2. Approve a budget appropriation in the amount of $37,300 from Measure X Fund to Fiscal Year 2022/23 Capital Improvements Program Budget for the 2022 Pavement Rehabilitation Project.

Sample Motion: I move to:

2. Approve a budget appropriation in the amount of $37,300 from Measure X Fund to Fiscal Year 2022/23 Capital Improvements Program Budget for the 2022 Pavement Rehabilitation Project.
(The motion requires a roll call vote.)

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

Amendment No. 1 to Agreement with Cannon Corporation for the 2022 Pavement Rehabilitation Project January 23, 2023

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Street Selection List
Street Name Block Begin Limit End Limit
Byrnes Lane 1200 End Cameo Road
Callejon Drive 5500 Concha Loma Drive End
Cameo Road 5500 La Brea Lane Casitas Pass Road
Dorrance Way 4700 Ash Avenue Holly Avenue Intersection
Dorrance Way 4700 to 4800 Holly Avenue Intersection Elm Avenue Dorrance Way 4900 Elm Avenue Linden Avenue
El Carro Lane 4500 to 4600 Santa Ynez Avenue Azalea Drive Intersection El Carro Lane 4700 Azalea Drive Intersection Sterling Avenue Retorno Drive 5500 Concha Loma Drive South end
Star Pine Road 5300 East end Vallecito Road
Vallecito Road 1000 to 1100 North end Carpinteria Avenue The Committee concurred with the street selection list.

On September 12, 2022, the City Council authorized the City Manager to execute an Agreement_,with Cannon Corporation in the amount of $611,028.

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

The purpose of this agenda matter is for the City Council to authorize the City Manager to execute Amendment No. 1 to the Agreement with Cannon Corporation to provide additional services for the 2022 Pavement Rehabilitation Project in the not-to-exceed amount of $37,272 for a total amended amount of $648,300; and approve a budget appropriation in the amount of $37,300 from Measure X Fund to Fiscal Year 2022/23 Capital Improvements Program Budget for the 2022 Pavement Rehabilitation Project.

DISCUSSION
Staff determined additional streets are feasible to be incorporated into the current 2022 Pavement Rehabilitation Project. Staff identified the following streets for incorporation in the design of the 2022 Pavement Rehabilitation Project:

Street Name Block Begin Limit End Limit
Fourth Street
1 4500 to 4700 Holly Avenue End
Kathy Street 1500 Dariesa Street End
Lisa Street 1500 Dariesa Street End
Myra Street 1500 Dariesa Street End
1 Colored mountable curb only for consistency with Third Street and Dorrance Way.

Amendment No. 1 to Agreement with Cannon Corporation for the 2022 Pavement Rehabilitation Project January 23, 2023

Page 3 ends

The location map of the additional streets is shown as Attachment A. A copy of the proposed Amendment No. 1 to the Agreement with Cannon Corporation including details of the proposed additional services is shown as Attachment B.

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

FINANCIAL CONSIDERATIONS
The current Fiscal Year 2022/23 Budget for the 2022 Pavement Rehabilitation Project (ST22-001) is a combination of Measure A, Measure X, and Senate Bill 1 Road Maintenance & Rehabilitation Account (RMRA) funds. The proposed budget appropriation is in the amount of $37,300 from Measure X Fund to the FY 2022/23 Capital Improvement Program Budget based in the Capital Improvement Projects Fund. There is an estimated available fund balance of $2,587,131 in the Measure X Fund.

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

OPTIONS

1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Cannon Corporation to provide additional services for the 2022 Pavement Rehabilitation Project in the not-to-exceed amount of $37,272 for a total amended amount of $648,300; and approve a budget appropriation in the amount of $37,300 from Measure X Fund to Fiscal Year 2022/23 Capital Improvements Program Budget for the 2022 Pavement Rehabilitation Project. (Staff recommendation)

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

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

ATTACHMENTS
Attachment A:

Attachment B:

Location Map
Amendment No. 1
Staff contact:

John L. Ilasin, Public Works Director
(805) 880-3402; [email protected] ~gna-fu~li ~
Amendment No. 1 to Agreement with Cannon Corporation for the 2022 Pavement Rehabilitation Project January 23, 2023
Page4
Reviewed by:

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

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

ATTACHMENT A
Location Map

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ATTACHMENT B
Amendment No. 1

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CITY OF CARPINTERIA

FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This First Amendment between the City of Carpinteria, a municipal corporation ("City") and Cannon Corporation ("Consultant") for design services for the 2022 Pavement Rehabilitation Project No. 15132 is made and effective as of the 23rd day of January, 2023.

This Amendment is made a part of the original Agreement for Consultant Services in the amount of $611,028.00 dated September 12, 2022. This amendment is for $37,272.00 (see Attachment A-1) and the amended total of the Agreement is $648,300.00.

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

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

City of Carpinteria
By: -----------
Jen a Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
ATTACHMENT A-1
2 ~on
December 2, 2022
Mr. John L. Ilasin, PE
Public Works Director/City Engineer
City of Carpinteria Public Works Department
5775 Carpinteria Avenue
Carpinteria, CA 93013
PROJECT: DESIGN SERVICES FOR 2022 PAVEMENT REHABILITATION PROJECT NO. 15132 -ASA #1

ADDITIONAL ENGINEERING SERVICES FOR FOUR STREET LOCATIONS Dear Mr. Ilasin:

The following Additional Services Agreement is to account for the additional design services discussed during the project's Kick-off meeting held on September 28, 2022, for pavement rehab design of Myra Street, Lisa Street, and Kathy Street, and colored mountable curb and gutter design along Fourth Street between Holly Avenue and the west end. This scope includes additional soils investigation, survey services, field investigation and data collection, preliminary PS&E and Storm Water Pollution Prevention Plan, and final design services as described herein, and an engineer's construction cost estimate only for Via Real to be used for negotiations with Caltrans.

Attached is the Additional Services Agreement to cover the costs of these additional services. If this meets your approval, please sign and return to me . . If you have any questions or comments, please do not hesitate to call me.

Sincerely,
Anthony Severy, PE
Civil Principal Engineer
C 82551
1050 Southwood Drive, San Luis Obispo, CA 93401
T 805.544.7407 F 805.544.3863
CannonCorp.us 220809
1 ~on

ADDITIONAL SERVICES AGREEMENT
Project Client:

Project Name:

City of Carpinteria December 2, 2022
Design Services for 2022 Pavement Rehab Cannon Project Number: 220809 Description of Additional Services:

Phase 2. Preliminary Design
ASA0l-A. Soils Investigation
Additional services include subsurface exploration for 5 additional boring/coring locations for the 3 additional street locations; Myra St., Lisa St., and Kathy St. including hand auguring performed in select core locations to obtain soil samples below the existing pavement, obtain soil samples using a ring-lined barrel sampler, measure and record the thickness of asphalt concrete and aggregate base, testing of soil samples to determine soil properties including in-situ moisture, grain size, maximum density versus optimum moisture, and R-value.

ASA0l-B. Survey Services
Aerial Survey and Topographic Mapping
Additional services include Aerial Survey and supplement with a conventional field survey and prepare a topographic survey base map for pavement rehabilitation and curb ramp design services of Myra St., Lisa St., Kathy St., and both sides of Fourth St. for design of colored mountable curb and gutter between Holly Avenue and the west end.

Monument Preservation
Additional services include providing a field survey to inventory existing monuments for Myra St., Lisa St., and Kathy St. which include possible additional 3 centerline monuments, research public records for existing monumentation, recover monumentation and set tie outside for construction limits, and file pre-construction corner records with the County of Santa Barbara.

ASA0l-C. Field Investigation and Data Collection
Additional services include field investigation of Myra St., Lisa St., Kathy St., and Fourth St. to understand site conditions and data collection of relevant , record information of project facilities.

ASA0l-F. Preliminary PS&E and Storm Water Pollution Prevention Plan (SWPPP) (30%, 60%, and 90%)
ASA0l-F.l. Additional services for the pavement rehabilitation of Myra St., Lisa St., and Kathy St.; and colored mountable curb and gutter for Fourth St. include 1050 Southwood Drive, San Luis Obispo, CA 93401
T 805.544.7407 F 805.544.3863
CannonCorp.us 220809
2 ~on
• 30% design plans, sections, details, project control, roadway plans, signing and striping
• technical specifications
• opinion of probable cost (OPCC)
• 30% SWPPP
• Preliminary evaluation of existing curb ramps to be included in the ADA compliance technical memorandum
ASAOl-F.2. Additional services include advancing the 30% plans, specifications, and estimate to the 60% design level by incorporating City comments for the pavement rehabilitation of Myra St., Lisa St., and Kathy St., and colored mountable curb and gutter for Fourth St.

ASA0l-F.3. Additional services include advancing the 60% plans, specifications, and estimate to the 90% design level by incorporating City comments for the pavement rehabilitation of Myra St., Lisa St., and Kathy St., and colored mountable curb and gutter for Fourth St.

Phase 3. Final Design
ASAOl-A. Bid Documents - Final Plans, Specifications, and SWPPP Additional services include advancing the 90% plans, specifications, and SWPPP to final design level (bid ready) by incorporating City comments for the pavement rehabilitation of Myra St., Lisa St., and Kathy St.; and colored mountable curb and gutter for Fourth St.

ASAOl-B. Final Estimate
Additional services include advancing the 90% estimate to final design level (bid ready) by incorporating City comments for the pavement rehabilitation of Myra St., Lisa St., and Kathy St.; and colored mountable curb and gutter for Fourth St.

As discussed in our September 28, 2022, pre-design kickoff meeting, the City has recommended that Cannon prepare a preliminary cost estimate and to eliminate final design of Via Real. 1050 Southwood Drive, San Luis Obispo, CA 93401
T 805.544.7407 F 805.544.3863
CannonCorp.us 220809
3 ~on
Additional Fee:

Phase 2. Preliminary Design
ASA0l-2.A. Soils Investigation $
ASA0l-2.B. Survey Services $
ASA0l-2.C. Field Investigation and Data Collection $
ASA0l-2.F. Preliminary PS&E and SWPPP $
3,951
17,578
2,903
19,294
Phase 3. Final Design
ASA0l-3.A. Final Plans, Specs, and SWPPP $
ASA0l-3.B. Final Estimate $
3,375
2,171
Sub-Total Additional Fee $ 49,272
Scope reduction to eliminate Via Real PS&E ($ 12,000)
Grand Total Additional Fee $ 37,272
Reimbursable expenses are included in this Additional Services Agreement.

Authorization:

In witness whereof, the parties hereto have caused this agreement consisting of the Request for Additional Services, and the original signed proposal letter and Appendix A dated September 2022 and any other necessary and applicable documents to be executed and effective as of the date and year first above written. Payment is due within 15 days of completion of work.

Any additions and/or corrections to this agreement will be addressed in a separate agreement.

Client: City of Carpinteria Cannon
X
John Ilasin, PE
Public Works Director/City Engineer
Larry Kraemer, PE
Director, Public Infrastructure Division
C 44813
Date: Date:
1050 Southwood Drive, San Luis Obispo, CA 93401
T 805.544.7407 F 805.544.3863
CannonCorp.us 220809
4 City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Continuance of the off-leash dog park program at El Carro Park

STAFF RECOMMENDATION
Staff recommends that the City Council hear the report and provide direction to Staff.

Sample Motion: None

BACKGROUND
This item was originally calendared for the January 9
th meeting but was deferred due to
a significant winter storm event.

Dog parks benefit both dog owners and non-owners by providing a legal place to exercise and socialize their dogs in a safe, leash-free environment. Many communities have established off-leash areas and times of use within existing parks or have established dedicated dog parks with varying levels of amenities to serve dogs and their owners.

Leash laws were enacted to prevent animals from frightening, tripping or biting people or other animals, defecating and urinating in inappropriate places, endangering traffic, causing damage, getting lost, and getting away from owners. Leashes also provide a clear method of communication and ensure control of dogs.

The City of Carpinteria received a request in 2018 by a group of citizens who expressed an interest in the City accommodating off-leash privileges for dog owners. The group formed as the Carpinteria Dog Owners Group (C-DOG) and attained 501 (C)(3) status as a non-profit corporation. The group asked the City to investigate relaxing its leash laws in specific areas and to look into providing a dedicated dog park. 1 1 C-DOG maintains a website ( https://www.c-dog.org). From their website the organization states its vision is to transform Carpinteria into a dog-friendly, dog-loving community. '.heir vision encompasses On September 18, 2018, the City Council directed staff to investigate the feasibility of off-leash programs or dedicated off-leash parks in the City.

On March 11, 2019, the City Council received a study on the feasibility of a dog park program in the City. The Carpinteria Feasibility Study evaluated various locations and options to implement off-leash privileges including shared use areas, fenced areas within existing parks and dedicated dog parks, that would create a park area uniquely reserved for off-leash dogs.

Generally, the Feasibility Study concluded that:
• Dog Parks are becoming more popular and available.
• Shared Use Parks are viable if designed well.
• A dedicated park is considered a preferred approach by the Joint Powers Insurance Authority (JPIA).
• A community group to support or operate a dog park is considered key.

After some discussion, City Staff was directed to conduct a pilot program at El Carro Park that utilized a shared use area on the north sports field with specific hours when off-leash dogs would be allowed. El Carro Park was selected partially due to the request of C-DOG representatives. Implementing a shared use off-leash area is challenging as it concentrates a new use into a park with long standing use patterns.

For this reason, the north field was selected so that the off-leash area would be the furthest from the children's play structure, however, this location did result in an overlap with organized sports fields. To help prevent conflicts of use, a completely fenced offleash area was proposed for a 10,000 square foot area in the north of El Carro Park.

This had the disadvantages of a somewhat reduced size of the soccer field and was not preferred by members of C-DOG. The proposed design is shown in Exhibit A.

The final approved pilot program was based upon an unfenced area, defined only by signage and user orientation with published scheduled hours set to avoid conflicts with sport programing. C-DOG enhanced the program with a temporary fence used at times when youth sports groups used only a portion of the field. This was intended to maximize field use opportunities by both dog owners and sport program operators.

As part of the pilot program, certain improvements to El Carro Park were authorized including regulatory and advisory signage and limited fencing. The off-leash area in El Carro Park is restricted to the North El Carro Park soccer field, about 2 acres. The pilot program was intended to work within current resources available to the City in terms of enforcement and maintenance.

On September 28, 2020, City Council adopted Resolution No. 6006, establishing rules and hours of operation pertaining to a one-year pilot program for an off-leash area for responsible dog ownership that respects the dogs, each other, and the beautiful surroundings. They wish to become partners in helping our City's businesses flourish.

G/Users/Matt/Park-Rec/Dog Park Staff Report January 23, 2023 dogs on the northern portion of El Carro Park. See the off-leash area rules attached (Exhibit B).

On October 11, 2022, after receiving a report on the first year of the pilot program, it was extended for another year. During a majority of the dog park off-leash pilot program's first year, Oct. 31, 2020 - November 1, 2021, all organized sports activities were halted due to the COVID-19 pandemic. The extension was granted in part because the first year of the off- leash program was during a time when youth and adult league sports were not using the fields because of pandemic conditions. Consequently, the shared use program could not be evaluated on how it worked in concert with other park users and sports programming.

DISCUSSION
The City's off-leash area pilot program at El Carro Park began November 2021 and remains in operation. While the City could not monitor daily activities, it assembled information from the C-DOG organization, other park user groups, complainants, and the City's maintenance and enforcement staff, in order to prepare this report on the pilot program. The report is organized by the categories of Scheduling, Users/User Groups, Neighborhood Impacts, Maintenance, Compliance. Complaints during the first year included barking from dogs congregating in the western part of the off-leash area affecting nearby residents. In response to this, temporary signs were installed reminding dog owners to not allow excessive barking along the western boundary of the pilot program area. Also, adult soccer players reported increased dog waste on the playing field. In response, consideration was given to relocating the off-leash area to a portion of the south field, but the location change was not implemented because it was seen as more difficult to define, enforce and consequently would not solve any significant issues.

Compliance. Since 2021, City Code Compliance staff has responded to five calls for service for off-leash dogs at El Carro Park and has logged 97 contacts for off-leash dogs, either during non-off-leash hours or in a part of the park that doesn't allow for offleash, during normal patrols. Overall, the pilot program did not result in fewer violations at El Carro or any of the other City Parks or the City Beach.

It is difficult to isolate complaints about being attributable to the off-leash program in El Carro Park or to just dog owners in general. Dog waste issues and dog barking occurs throughout the City and in all City parks. Off-leash use at other City parks is occurring without the benefit of an off-leash program. In these cases, it is a violation of City law.

CONCLUSIONS
C-DOG volunteers play a critical role in promoting positive off-leash protocols related to safety, and responsible dog ownership. Competent C-DOG involvement is essential to the program's success moving forward. Without such a presence, Staff could not recommend the off-leash program.

G/Users/Matt/Park-Rec/Dog Park Staff Report January 23, 2023 In order to accomplish a shared use off-leash area that minimizes conflicts and complaints, a higher level of supervision than the volunteers and the City can provide would be needed, i.e., a monitor or attendant during all operating hours. The pilot program was intended to work within available current staff resources and with the help of C-DOG to minimize negative impacts on existing recreational activities, maintain compliance of boundary and times of use, and improve dog clean-up etiquette. While C-DOG's efforts were commendable, at the end of the day staff feels the efforts of volunteers with occasional enforcement from City staff would be insufficient to meet the needs of a permanent off-leash program.

As an alternative, staff believes the City should reconsider the benefits of fencing off a dedicated off-leash area as previously proposed in El Carro Park. This would help to eliminate conflicts of field use. Work to keep dog waste from accumulating and for noise and safety matters to be minimized would still be required.

Also, because the El Carro Park off-leash area is intended to primarily serve residents within walking distance of the park, staff recommends that additional facilities be pursued in other Parks in the City

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
Should the City Council implement additional fencing to create a dedicated off-leash area in El Carro Park, Staff will develop cost estimates for approval.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Off-leash areas without fencing cause potential conflicts among users and are thought to have a higher exposure to liability. The City acquires liability insurance as a member of the California Joint Powers Insurance Authority. Staff has discussed risk management with regard to dog parks with the City's assigned risk manager and reviewed written guidance the Authority provides concerning Dedicated Dog Parks. The Authority does not have any guidance documents concerning other types of off-leash areas. According to the City's assigned risk manager, a fenced area is a preferred approach to reduce potential City liability.

OPTIONS
The City Council could extend or suspend the off-leash program indefinitely with or without adjustments.

G/Users/Matt/Park-Rec/Dog Park Staff Report January 23, 2023 The City Council could pursue installation of the previously proposed fully fenced area for El Carro Park.

The City Council could direct staff to pursue other off-leash facilities in the City.

PRINCIPAL PARTIES EXPECTED AT MEETING
Members of the non-profit C-DOG, Inc. organization
Neighborhood Residents
A representative of A YSO

ATTACHMENTS
Attachment A: Correspondence
Attachment B: Dog Park Feasibility Study, March 11, 2019 Exhibit A: Exhibits of dog park designs
Exhibit B: Off-Leash area rules sign
Staff contact: Matthew Roberts
(805), 755-4449, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G/Users/Matt/Park-Rec/Dog Park Staff Report January 23, 2023 Attachment A
Correspondence
Page# 6
Off Leash Pilot Program
January 23, 2023
Letter Report from C-DOG
El Carro Off-Leash Area Report
By all measures, the program has become even more successful. We continue to enjoy strong attendance levels of dogs (30-40 per day) and even more owners (40-50 per day), providing socialization opportunities for both canines and humans. Many attendees bring their children along, making the experience even more meaningful. Each week we welcome new attendees at the park and our membership continues to grow.

There have been very few dog-on-dog issues as most dogs are known to each other, and budding problems are dealt with between owners. No dog-on-human altercations have been recorded.

C-DOG is aware of and concerned about reports of dog-poop at El Carro, as well as in other areas of the City. During our allowed time at the park, we believe we do an excellent job, however when our members arrive at the off-leash-area, we routinely find and pickup poop from earlier, pre-off-leash-area times. To help with the problem, we are in the process of formalizing a "Poop-Patrol" for El Carro, and with publicity, we hope to spread the awareness to other areas.

Recently, the City has unanimously approved a pilot program initiated by C-DOG, to donate two bag dispensers/waste collection units that will be placed in areas without trash cans. Volunteers from Carpinteria Beautiful will service the units. If the program runs as planned, we hope to donate and place many more units throughout Carpinteria.

C-DOG is all in for Carpinteria, and we want to do more to help the people and businesses of the City while at the same time keeping our eye on our ultimate goal, a dedicated dog park.

One of our efforts was our "Carpinteria Dog-Friendly Places to Eat, Sleep & Play" program this summer. Recognizing the growing demand of visitors travelling with their dogs, we supplied new brochures to the Visitors' Centre that contained a QR codes that brought visitors to our website, which highlights restaurants, hotels, and shops that welcome dogs, as well as the El Carro OLA We have plans to expand the program to create inbound demand.

G/Users/Matt/Park-Rec/Dog Park Staff Report January 9, 2023 Letter from Devon Tursick
Dear Matt Roberts and Carpinteria City Council,
I am reaching out in regards to the off-leash program at El Carro Park. The mission of C-Dog is to "provide safe and secure environments where owners may exercise and train their dogs" and "promote responsible dog ownership through educational, recreational, and training opportunities to encourage current and potential dog owners to develop more meaningful relationships with their canine companions the community." Unfortunately, since the pilot program has begun, this mission has not been followed.

The environment is not safe or secure and the individuals that utilize the dog park, whether affiliated with C-Dog or not, are not practicing responsible dog ownership.

There are a multitude ofrules that dog owners continue to disregard and unfortunately, because the dog owners have not been held accountable for their actions, it has created a disturbance for many community members.

There are many Carpinteria residents that utilize El Carro Park regularly; adult soccer players, children affiliated with Girls Inc., children participating in sports and other activities and families using the park for play and leisure. All of these different people share the park with the dog owners and have been negatively impacted by the dog owners' inability to maintain the park, adhere to rules, create a safe environment or promote responsible dog ownership. There are also residents that live in close proximity to that park that are negatively impacted.

It is unacceptable that the dog owners do not adhere to following the rules. There are no repercussions for their lack of adequately maintaining the park, failure to provide a safe environment and disrespect for the park rules. There are dog parks that have been established in other areas where patrons are required to adhere to strict rules and anyone who breaks the rules is ticketed and receives a fine for their lack of compliance.

The purpose of having rules is to ensure the park is maintained, to guarantee the safety of all individuals utilizing the park and to create a safe and pleasant environment for everyone who uses the park. There are many risks associated with rules not being adhered to or enforced. It leads to disruption, chaos and a dangerous environment.

Lack of maintaining the park, either by failing to pick up dog waste or littering can lead to contamination of the soil, which negatively impacts other individuals utilizing the park and could lead to unwanted diseases.

Lack of fencing poses many concerns for the safety of other individuals and dogs that utilize the park.

Last year C-Dog stated they would start using a temporary fence; however, they claim the fence is too heavy to move and therefore throughout this entire year the fence has not been brought out once.

Oftentimes, the dogs become aggressive and fight with other dogs. There are even instances when the dogs are aggressive to passerby's walking dogs. Without a proper fence in place, it increases the risk of children, adults and other dogs being harmed. A solution would be to find a park where a permanent fence can be installed. Due to El Carro Park being used for various activities by adults, children and families on a consistent basis, it is not an ideal location for a permanent fence as it would not allow other patrons to use the park for their activities.

G/Users/Matt/Park-Rec/Dog Park Staff Report January 23, 2023 Additionally, lack of fencing creates dangers for the dogs using the dog park. Dogs off leash may run off and get lost, get hmt or potentially hit by a car. It is also recommended that fencing be used to separate larger dogs from smaller dogs in order to prevent injury to smaller dogs when larger dogs become aggressive.

Originally, C-Dog chose the area of the park that was away from where children play; however, children now utilize that same part of the park for various sporting events, and there are no rules in place to ensure the safety of the children. It would be tragic if a dog or an individual, adult or child, was injured because adequate safety guidelines were not put into place.

There have been a multitude of excuses as to why park rules are not being followed. These excuses do not justify disrespectful and unsafe behavior. In any other situation, a person would be reprimanded for displaying inappropriate behavior. The inappropriate behavior will only continue if no disciplinary action is taken.

Last October, there were two contingencies given in order for the pilot program to continue. One was that C-Dog was to look for an alternate location or multiple alternate locations for the dog park in order to aid in the congestion in El Carro Park since there are multiple activities going on throughout the day. This was also to help relieve the excessive noise. Second, it was stated that the dog owners utilizing the dog park should use that time as an opportunity to train their dogs and cut down on the noise. Neither of these stipulations have been adhered to or taken into consideration.

Dog owners do not use the dog park as an opportunity to train their dogs and limit noise which negatively impacts nearby residents. They have been asked nicely on multiple occasions to limit the noise; however, they disregard the requests. They tend to be busier socializing rather than paying attention to their dogs' behavior. The police have been called on multiple occasions for noise complaints because the dog owners are unable to control the excessive noise produced through dogs barking and fighting.

C-Dog has expressed that they value being respectful neighbors; however, their actions do not support their claims. Examples include their failure to adequately pick up after their dogs, littering, excessive barking, participating in off leash hours at their own convenience, not maintaining the park and rude and disrespectful comments. Vance Fleisher, president of C-Dog sent out an email stating he is aware the dog park negatively impacts nearby residents, the soccer players and Girls Inc., yet he is determined to move forward with permanent implementation of the dog park without taking into consideration any of the concerns of other Carpinteria residents.

If there is not enough funding for this program to ensure that rules are being followed and if the program continues to negatively impact other community members, then the program should be discontinued. In addition, there is a blatant disregard for how this pilot program negatively impacts the vast majority of Carpinteria residents that not only utilize the park on a daily basis but also those that live in close proximity to the park.

When evaluating this pilot program, I urge the City council to consider the vast majority of Carpinteria residents that are impacted and not only the small population of dog owners who have proven they cannot handle the privilege of having a dog park. Thank you in advance for your time and consideration.

Warm Regards,
Devon Tursick
G/Users/Matt/Park-Rec/Dog Park Staff Report January 23, 2023 Patricia Mickelson
1568 Seacoast Way
Carpinteria, CA 93013

HAND DELIVERED
January 5, 2023
Honorable Mayor Al Clark
City of Carpinteria
5775 Carpinteria Ave.

Carpinteria, CA 93013
Dear Mayor Clark:

I live at 1568 Seacoast Way and my house is adjacent to the north field of El Carro Park. I have lived there for the past 22 years. The issue of the dog park in the north field of El Carro Park is on the City Council agenda as item #9 for Monday evening, January 9, 2023.

I do not own a dog. It is not that I don't like dogs, I just don't want to own one. I am at a loss to understand why the non-dog owning residents who live along El Carro Park bear 100% of the impact of the dog park.

C-Dog members stand about 40 feet away from my house. Some of their dogs bark constantly.

For more than 2 years I have endured listening to this constant barking. In the summer I cannot enjoy my backyard or eat dinner outside because the dogs are right behind me barking their heads off until after dark. Soon trash cans will be added and they will undoubtedly be right behind my house since that is where C-Dog members like to stand. The smell of concentrated amounts of dog poop coming from even one trash can less than 40 feet away from my house will ~ be overwhelming and once again the non-dog owning residents of Seacoast Village will be bearing 100% of the impact of the dog park.

I am in favor of moving the dog park to the south field of El Carro Park which was one of the options discussed at the October 11. 2021 City Council meeting. South field is used much less than north field for athletic activities and it is further away from residences. Homeowners like me who are bothered by constant barking would finally get some relief. C-Dog would benefit from the move as they would no longer have to compete for space with the soccer players and school age children who use north field in the late afternoon much of the year. If the dog park is moved to the south field the proposed additional trash cans will be far enough away so as not to affect any homeowners. The south field is a win-win for everyone. RE E ,JAN O 4 2023

CITY OF CARPINTERIA
Honorable Mayor Al Clark
Page2
A dog park immediately adjacent to residential homes is not a good mix. Please do not make me endure another year of misery listening to the dogs barking with the soon to be added "pleasure" of smelling their poop. Please move the dog park to another location before the trash cans are installed and rescind the off-leash dog park designation for the north field of El Carro Parle Sincerely,
Patricia Mickelson
Ccs: Natalia Alarcon, Vice-Mayor
Wade Nomura, Councilmember
Roy Lee, Councilmember
I\jonica Solorzano, Councilmember
\Matt Roberts, Parks and Recreation Director
Letter from A YSO
Hello Matt -
I have heard back from a number of coaches who had unpleasant interactions with the dogs at El Carro this fall. There have been no physical altercations between dogs and kids to date.

In summary the feedback is:

A YSO volunteers and parents are concerned about the safety of our kids because of numerous instances of dogs running through practice areas, dog on dog scuffles close to kids, and some dog owners with blatant disregard for kids practice such as walking their unleashed dog right through an active practice.

Attempts to discuss the concerns with the dog owners has been met with dismissive downplay of the potential risk. Despite having purchased fencing the dog owners group is not using it to separate kids and dogs.

Most of our AYSO board members are dog owners (including me) and we have made attempts to proactively communicate and make safe arrangements with CDOG, but don't feel they have been interested in collaborating with us to find safe solutions for all.

It feels like we're opening ourselves up to a potential nightmare situation should a physical incident occur. The dog owners have very little to lose, but A YSO and our City (having at minimum implicitly condoned the unfenced dog play area in the same space as youth sports) have a lot to lose.

I'm happy to discuss further and attend the Council meeting if desired.

Thanks,
Dan
AYSO 683 Regional Commissioner
303-520-3215
G/Users/Matt/Park-Rec/Dog Park Staff Report January 23, 2023 George E. Lehtinen
1574 Seacoast Way, Carpinteria, Cit 93013
January 17, 2023
Mayor Al Clark
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
Dear Mayor Clark:

My Roberta and I live at ground zero for barking dogs. Those barking dogs are often closer to our dining room and bedroom than the speaker's podium is to the Council dais.

The staff report lists many negatives of the current dog park including dogs frightening A YSO and Girls Inc. children, ever-present dog feces, the inability of C-DOG to do anything about the barking, barking, barking just over our back fence and dogs running through soccer matches.

Other people are also frightened by dogs running loose and can no longer use the park.

El Carro Park is just too small and too surrounded by homes to squeeze in a dog park. Find a place away from homes and kids' playgrounds for a dedicated, fenced, single-use dog park and start construction on just that part of a larger area, if funds are limited.

It is not a perfect solution but moving the off-leash area to the south field is an improvement:
• First, the dog owners will have a shaded place they do not have to share as much. Impacts are smaller since the baseball season is shorter than the year-round soccer season. • Second, soccer players, both adults and kids, will not have to contend with dog feces and dogs running through their games and practice sessions. • Third, people like us who live near the barking dogs will regain some peace and quiet. The nearest residents to the barking dogs in the south field will be much farther than the nearest resident is now. The proposed area in the north field is too close to homes.

Pleading with dog owners to move away from by my back yard usually results in the dog owner playing Hostile Man. The angry answer is that it is a dog park and they do not have to move.

If there is excessive barking coming over your fence, the city has a procedure that you can use to quell the noise. Over your fence, but not over our fence. Please make El Carro Park a people park again and please give us back the peaceful use of our own homes and back yards.

Sincerely,
George E. Lehtinen
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Each council member
Matt Roberts ~ JAN 1 7 2023

CITY OF CARPINTERIA
1/9/23, 8:32 AM Jan. 9 City Council meeting - Publir r:omment Jan. 9 City Council meeting ..

DAVID RENNER <[email protected]>
Sun 1/8/2023 9:46 AM
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RE: Off Leash "Dog Park" at El Carro Park
I want to go on record as being opposed to the off-leash practices presently at El Carro Park. The popularity of Dog Parks are bad ideas being proposed by people with good intentions. The situation at El Carro Park has become dangerous in my opinion for any small or medium sized dog or mild-mannered larger dogs. The combination of no enforcement and the practice of irresponsible owners have resulted in dog packs of larger dogs who frequently confront any "newcomers" to "their" personal territory. Owners should at a minimum be able to read what it means when their dog raises it hackles when approaching other dogs. What you risk every single time you take your dog to that park is that your dog will be attacked by a dog aggressive dog. If that happens, you will have a dog fighter for the rest of your life. If this off leash area continues, then at minimum the doqs should pass a test before being allowed in the park. The tests should show the owners demonstrate off leash control over their dogs under extreme distraction. In other words, they should be able to recall their dogs from a group of several dogs.

Allowing very small dogs to run with large dogs can be a very dangerous situation for the small dog.

There is nothing wrong with teaching your dog that YOU are more fun than other dogs at a dog park. The fact is you should play with your dog and not rely on other dogs to play with your dog. Dogs don't NEED OTHER DOGS TO PLAY WITH. That's human mythology.

David Renner
https://mail. carpinteriaca.gov/owa/#viewmodel= ReadMessageltem& I tern I D=AAM kAGl4OWQwN jY3L Tk 1 MTAtN Dd iYS04NWI 1 LWU0ODJkOGZjY2NkZ. . . 1 /1 1/9/23, 8:33 AM El Carro dog park - Public Comm,~""\
El Carro dog park
CONNIE THOMPSON <[email protected]>
Sun 1/8/2023 3:28 PM
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As a dog lover, I would like you to continue the off leash dog park. A fenced area would probably take care of most of the complaints you received.

Connie Thompson
6395 _Lagunitas Court
Carpinteria, 93013
805 450 3524
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: I am an elderly resident of Carpinteria within walking distance from El Carro and have walked my doggie there daily for the past two years. There are usually at least a dozen dogs and their owners who are there. Sometimes there are 20 or more dogs and owners enjoying being able to play and socialize with other dogs and humans other than their owners.

There is an important benefit to all who come as it is an opportunity to socialize with neighbors as well as newcomers. At times dogs and owners found that our usual areas of the park were filled with soccer players young or old. However, we were always able to relocate to another area in the field so that there was little or no difficulty for both groups to be together. One of the wonderful things about the dog owners at El Carro is that we share joyful times with others of different ages and occupations, ability or disability levels, religious and ethnic orientations.

Carpinteria parks like El Carro should be available for the broad community, not just certain sports and age groups. Please maintain the off-lease hours for dogs and the dog-owners community at El Carro park.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.111. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: This is a great resource for my dog and all dog owners. Those who use the dog park obey by the posted rules. This is a great community building space and boasts healthy dog and human encounters.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Good for dogs and people.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: In a relatively short time, C-Dog has become a very important part of Carpinteria, creating a safe space where dog owners and their pets can enjoy a few hours of simple, muchneeded camaraderie, exercise and play. C-Dog is extremely responsible in its care of the park, as well as its pets, and always picks up after them. We have also made it a point to co-operate with any teams that might be using the same space on any given day. In response to the few people who complain about "barking," I would like to remind them that living next door to a park intrinsically comes with noise -- be it a Little League game, a birthday party, or other sporting event. To single out a dogs -- who are only there for a couple hours a day -- is really unfair, especially as there are ALWAYS dogs who bark in any given neighborhood. In response to this, I would also like to point out that there are always people who complain ... about everything! View and Analyze eComments
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: If for no other reason, since the program began, there has been a large number of puppies and adopted dogs joining the group. The lessons and socialization process that these new arrivals - both canine and human - undergo would be almost impossible to replicate without a local off-leash area. The dogs learn how to play together and the owners - many of them first time dog-owners - learn from watching experienced owners and getting help, tips and suggestions when problems arise.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: C-DOG truly demonstrates its responsibility and caring for Carpinteria. They participate in parades, host Howl-O-Ween, started a Eat, Sleep Play Carpinteria program to help local merchants get a slice of the increased travel with pet phenomenon, and there are piloting additional bag/waste units around town
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: We fully support the off leash dog park at El Carro Park. Socialization is critical to raising a dog. There are so many dogs that live in and visit Carpinteria and this is a wonderful space for dogs and their owners to socialize. John & Kristen Fuerst 4400 Carpinteria Ave. Unit 6 View and Analyze eComments
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: I want to go on record as being opposed to the off-leash practices presently at El Carro Park. The popularity of Dog Parks are bad ideas being proposed by people with good intentions. The situation at El Carro Park has become dangerous in my opinion for any small or medium sized dog or mild-mannered larger dogs. The combination of no enforcement and the practice of irresponsible owners have resulted in dog packs of larger dogs who frequently confront any +€cenewcomers+€ to ♦€cetheir+€ personal territory. Owners should at a minimum be able to read what it means when their dog raises it hackles when approaching other dogs. What you risk every single time you take your dog to that park is that your dog will be attacked by a dog aggressive dog. If that happens, you will have a dog fighter for the rest of your life. If this off leash area continues, then at minimum the dogs should pass a test before being allowed in the park. The tests should show the owners demonstrate off leash control over their dogs under extreme distraction. In other words, they should be able to recall their dogs from a group of several dogs. Allowing very small dogs to run with large dogs can be a very dangerous situation for the small dog. There is nothing wrong with teaching your dog that YOU are more fun than other dogs at a dog park. The fact is you should play with your dog and not rely on other dogs to play with your dog. Dogs don~™t NEED OTHER DOGS TO PLAY WITH. That~™s human mythology. David Renner
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Please, please keep off-leash hours available at El Carro Park (and other fields honestly). Our dogs need more room to exercise than many of us can provide otherwise, and they truly enjoy time with their pack mates. Rgds Sandra Duncan View and Analyze eComments
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: I would like to support the off leash program at El Carro park.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: I have taking my dog to El Carro, since he was a pup. Great place for socializing and learning. Everyone there is responsible and watching after their dogs. It is such a joy watching all the dog+€™s playing and getting along. Much needed environment for our pups.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Continue, please. The off-leash program is a great community builder of local citizens and even better for our dog friends.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: C Dog has provided a valuable experience for my family and numerous other citizens of Carpinteria. Some people have falsely accused its members of being negligent regarding cleaning up the dog poop in the park; however, the C Dog members vigilantly monitor the dogs during the prescribed dog park hours to ensure none of its members leave poop in the premises. Furthermore, C Dog participants have been extremely mindful not to interfere with other activities occurring simultaneously in the park during designated off-lease hours.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: This Dog park is such an asset to the community. The dog owners are local friendly people and the dogs are great. We all pick up after our dogs and enjoy the socialization for our pets. Please keep this park open. It is such a warm, welcoming place for all of us to gather.

Thank you, Jon Ziehl, CEO of Planmember in Carpinteria and Suzanne Fawcett-Ziehl View and Analyze eComments
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: I strongly support a city-approved dog park for safe off-leash exercise, play, and social stimulation for dogs. Every great town should have at least one great dog park! View and Analyze eComments
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Absolutely support an Offleash area and I would help offset costs and bring awareness with Community booth space at the Rods and roses car show and the avocado festival
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Any town with the stature of Carpinteria has an off leash dog park. Please vote to support.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Please continue the policy and please consider making it permanent. I know the people of C-Dog to be kind and caring and compassionate pet owners and the city should be proud to have such a facility. C-Dog goes to great lengths to provide comfort and safety for all dog owners. At the very least the policy should be extended and it really should be made permanent. Thank you.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: The RI Carta dog park has been a great place for dog owners in Carpinteria to take their dogs off leash. I am in support of a permanent dog park - but in the mean time, this temporary dog park fills a need for dog owners in the city. I hope the el carro park program is continued and a place for a permanent dog park is found soon.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: We need more off leash areas for dogs in Carpinteria. Perhaps some limited hours at Monte Vista Park or Viola Fields?
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: I'm in favor of continuing the C-dog area in our park. In fact, I think the city should look towards a fenced formal dog park for the city.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: This is a very important event every day in some of the lives of our Carpinterians+€™. Please let♦€™s continue this wonderful afternoon recreation. Thank you.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: I support the off leash dog park in Carpinteria. The use of the park is primarily in the evenings, usually after work. The group monitors and polices each other+€™s dogs and are very respectful of the park. They pick up up after each other♦€™s dogs and make sure to keep it clean. We really need this off leash area! If dogs can socialize and play they don+€™t become nuisances to the community with excessive barking.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: As 20-year residents of Carpinteria, Louisa and I have come to LOVE our town! And in recent years, one of the things that has made being here even more special is the Off Leash Area at El Carro Park for our dog. Over these last several years, we have come to deeply appreciate the opportunity to meet neighbors (who are now good friends!) and have a safe place for our dog, Angel, to socialize and play with other dogs. C-Dog organization has done a good job in providing guidance and leadership for this important service for the 1 00's of dog families in Carp! PLEASE KEEP THE OFF-LEASH PROGAM AVAILABLE TO US!! Kevin & Louisa Twohy View and Analyze eComments
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Please continue the off leash program at El Carro Park! Marlene Hazen Camino Trillado
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: The off-leash area at El Carro gives responsible dog owners a place to exercise their dogs and I have used it since the program was started. Please keep the off-leash program going.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Carpinteria should has a leash free dog park
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Support
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Freedom for Fidos.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Please do not take the off leash dog park away from Carpinteria. lt♦€™s the one place we can go with our dogs to freely get exercise. lt♦€™s SO important for them and to socialize. Thank you
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Sandra Duncan submitted a new eComment.

Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Please, please continue to allow off-leash hours at El Carro Park (and honestly, other fields too). Our dogs need more exercise than many people can provide at their homes, and the dogs really enjoy their pack mates. The dogs are not at all destructive and the owners are a good bunch. Thank you.

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Marianne Bloom submitted a new eComment.

Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Carp must have a dog park, El Carro may not be ideal but we should continue to make it work.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.rn. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: I support the dog park
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: We use this park and all normal users pick up after dogs. A park is necessary for dogs and community relations
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: The dog park is not only a place for dogs but for people of ALL ages to congregate daily and interact with one another. Our dogs give us a reason to get outside and get some exercise and sunshine. The C-dog dog owners are conscientious dog owners. We appreciate the use of the park and monitor the dogs to make sure the park is left clean for other citizens to use. Catherine Fudurich
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Hello. The dog park is essential to my daily routine. I use this park twice a day to exercise my dog as well as my self. As a resent widower, I use this time to socialize with others.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Fully support allowing off-leash dogs at the park. Thanks View and Analyze eComments
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: I support the Continuance of the off-leash dog park program at El Carro Park. It is a much needed program in Carpinteria. Kyle C. Geary 5331 Star Pine Road Carpinteria, CA. 93013
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: We love the off leash dog park at El Carro. It has become a home and a family for our rescue dog. We gather with friends there every evening and enjoy socializing and allowing the dogs to run and play. It seerns there are only 2 people who live in the adjoining neighborhood are against the park and it seems they have made it their full focus to end this lovely arrangement that the citizens of Carp and doggies really enjoy. We all make sure that we pick up after our dogs. There are a lot of others who use the park at all times of the day with their dogs. So it could be anyone at any time of day not cleaning up after their dogs. The only way to really verify this is by setting up cameras or taking DNA of the messes. So I think that it is easy to blame the dog park afternoon event when this is not where the messes are coming from.

Please do not let a few unhappy people dictate what is best for the community as a whole and the wonderful effort all of us have put into creating this safe space for all of us to gather and let the doggies enjoy each other.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: Please continue the off-leash dog park program at El Carro Park as it offers a safe and well monitored way for dogs and humans to interact in our community! View and Analyze eComments
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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: The City needs safe places for owners to recreate and exercise their dogs. Rather than folks just ignoring the rules, it's important the city work with groups like CDOG to sort out the best location and management practices for these spaces.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: I strongly support the continuation of the Off Leash Area at El Carro Park. For over two years the park goers who make use of the off leash hours, and the tireless C-DOG volunteers who support the initiative, have shown themselves to be responsible, communityoriented stewards of this green space. The need for dogs and their owners to have a safe space to exercise outdoors has remained consistent, and without the sanctioned off leash hours and CDOG oversight, where will these citizens go? The OLA is a solution that benefits all by condensing off leash play to a specific time and area, thereby limiting impact to neighbors and other park users.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: El Carro has become an integral location for our community of dog owners, neighbors, and friends.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: PUBLIC COMMENT ON CLOSED SESSION MATTERS
/11G"/-ld'f FIJI< I re,n -# 9
eComment: PLEASE CONTINUE THE EL CARRO DOG PARK. THERE IS NO GOOD REASON TO CHANGE. THERE IS ALWAYS SOMEONE TO COMPLAIN AND WE NEED CONNECTION IN CARP.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: The off leash area is being used by many community residents. We are responsible, we pick after our pets and keep our pets from any trouble. I live adjacent to El Carro Park and have had NO issues with dog owners, except those who do not pick after their dogs which is usually on the park area off El Carro and not the area off Foothill where the off leash area is. We cannot be responsible for dog owners who visit the park on the time we have the off leash times and cannot regulate dogs at the El Carro area of the park where a lot of dogs owners go. We need a designated park area, we have visited dog parks in so many other communities( from LA, Ventura, Northern California) and they are widely used and very popular. It is disturbing to me that our City does not acknowledge the need for a designated dog park. Studies show 2 out of 5 households own dogs, they are a part of our family.

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Meeting: City Council Regular Meeting (4:00 p.m Closed Session - 5:30 p.m. Regular Session) Item: 9. Continuance of the off-leash dog park program at El Carro Park. eComment: A dog park is vital to a healthy community, for dogs and dog owners. This is one area Carpinteria needs to improve. Please support continuance of the off leash hours at El Carro Park. Thank you, Jacquelyn Geary 5331 Star Pine Road 805-570-7229 View and Analyze eComments
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1 Attachment B
Dog Park Feasibility Study
March 11, 2019
:ii
City of C~~iJtt~tf@
Dog Park· Peasi·b.ility §tydy· March 11, 2019, ,,1
Table of Contents
I. Introduction II. Types of Dog
Parks
A. Shared Use Parks

1. Evaluation of Shared Use Park Sites
i. El Carro Park ii. Monte Vista
Park
iii. Memorial Park
B. Dedicated Dog Parks

2. Evaluation of Dedicated Dog Park Sites
i. Lagunitas Vacant Land ii. Dump Road Vacant la
nd
iii. Carpinteria Creek Vacant Land
Ill. Carpinteria Municipal Code IV. Dog Park Maintenance a. Dog Waste V. Design Elements and infrast ructure of a Dog park
VI. City Liability
VII. CJPIA Guidance
VIII. Conclusions
,,,1 ' I.

Introduction
This study was directed to be prepared by the Carpinteria City Council on September 10, 2018. Prior to that date, the City of Carpinteria received a request by a group of citizens who expressed an interest in the City accommodating more privileges for dog owners. The group has since formed as the Carpinteria Dog Owners Group (CDOG) and has attained 501(C)(3) status as a non-profit corporation. Specifically, the group asked the City to investigate relaxing its leash laws in specific areas and to look into a dedicated dog park.

Some Cities have adopted regulations that allow for off leash privileges in areas of existing parks (shared use parks). Shared use parks are parks that have a fenced area that off leash dogs are allowed. In some cases, the off leash area is not fenced. Some Cities have developed dedicated dog parks. Dog parks are now found in near1y every state.

A dedicated dog park is a designated public area where no other park use is accommodated. Since the 1970's, many dog parks have been established across the United States. They are becoming increasingly popular due to pet owners demand and local agencies willing to relax long established leash laws regulations. In most cities and other urban areas, dog owners are required to keep their dog on-leash when the animals leave their own premises. In urban environments dogs are generally confined to a small kennel, portions of the home, or small sections of the yard. Typically, dogs are taken on daily walks, but because of strict leash laws, they cannot run free or easily socialize with other dogs. In nature dogs were pack animals and the need for domesticated breeds to interact with other members of its species remains a part of their nature (Society for the Prevention of Cruelty to Animals, 2006). A dog socializes through posturing and behavior and a leash may inhibit communication with other dogs. A leash restricts a dog's natural movements and a leashed dog can become territorial and protective. In order to prevent unwanted barking, jumping, or nipping, some dog owners avoid contact with other people who are walking dogs. Some dog owners defy local ordinances and permit their dogs to run off-leash in vaca nt lots, beaches or parks. These individuals risk receiving fines and other retribution. Dog owners are financially liable if their dog causes an incident such as biting an individual or causes a bicyclist fall and injury; there is also the possibility their pet could be hit by a car.

Locally, Carpinteria valley is thought to have about 1,800 dogs with about one halfof those residing inside Carpinteria City limits. Currently, the City has 631 licensed dogs on record. Every owner of a dog four months of age or older, kept or controlled in the City limits, must obtain a dog license and pay all
required fees. In order to
obtain a dog license proof
of a current rabies
certificate is required. In a designated off lea
sh area, providing a safe environment for both dogs and humans presents certain challenges. Legal liabilities, design considerations, behavioral characteristics of dogs, and environmental and health issues relating to dogs and humans must all be considered.

Dog parks are provided in our local area. Off leash areas are provided in Toro Canyon Park, The Douglas Family Preserve and Arroyo Burro Beach Park to name a few. Dog parks also provide an important recreational outlet for humans too by bringing together dog lovers of all ages, health, social, and economic status. With dogs as so cial ice breakers encouraging conversations among users. These parks serve well to help build community as people get to know each other and share information about responsible pet ownership. Dog parks enable people with disabilities and senior citizens ; I I
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who cannot always walk their dogs a safe alternative. By spending quality time with their pet at the dog park, owners strengthen bonds with their pet However, there are some dog training professionals who are critical of dog parks such as Ed Frawley. Mr. Frawley is a dog trainer and producer of over 120 dog training videos and DVDs, who has written an article entitled "Dog Parks 'Mly They are a Bad Idea" written in 2005. He feels that dog parks are "well intended, but a bad idea" because most patrons do not understand the pack social structure. He states that many dog park patrons are irresponsible because they spend too much time socializing with the other humans rather than paying attention to their pet. He is concerned because patrons bring aggressive dogs into the park and patrons often ignore the posted rules such as permitting small dogs into the large dog section. If a dog is taken to a dog park, Frawley gives the reader sensible dog park advice such as ·go to the park at off-peak hours to learn when the quiet times are".

Another individual who is wary on the idea of dog parks is Cesar Millan, author of Cesar's Way and star of the National Geographic Channel's Dog 'Mlisper. He has written a book dealing with dog psychology, dog dynamics, dog aggression, and how to raise a balanced and healthy dog. Like Frawley, Millan is not fully supportive of dog parks because he believes that many dog owners do not understand "the power of the pack". He thinks that a dog park should be a place to help increase or maintain a dog's social skills and a place where a dog can spend time with other dogs. He does not think that a dog park should be a substitute for exercise and walking.

Ohlone Dog Park (also known as the Martha Scott Benedict Memorial Park), in Berkeley, California, is recognized as the first dog park in the world; it was established by the city of Berkeley as an experimental project in 1979. The park's steward, the nonprofit Oh lone Dog Park Association (ohlonedogpark.org), has an ongoing partnership with the city to ensure the quality and historical significance of the facility.

As with The Martha Scott Benedict Memorial Park, many dog parks are supervised by an association of dog owners whose members can exert peer pressure to enforce the rules of the dog park. In many cases, the dog park group monitors the park's use, cleans up, raises funds for amenities, and serves as communications liaison with the city, neighborhood, and dog owners. In some cases, the core dog owner's group may raise the funds necessary to build the park including fences and other amenities, supply dog waste bags, post signs, etc. However, funding may come from a corporate sponsorship or from the City. Some dog parks charge a usage or permit fee.

Agencies that have installed dog parks have considered several primary concerns; safety to humans and other dogs, noise generated from a concentration of barking dogs, sanitation problems from the build-up of feces, disturbance of wildlife or native plants and how to handle ongoing maintenance.

II. Types of Dog Parks
A. Shared Use Parks
One option is to allow for off leash areas within an existing City park or parks. The off leash area and other uses may overlap in the same area or may occur in separate areas of the park, but the uses are usually separated by a physical banier such as a fence. It is also possible to assign special times allowing dogs off leash during a specific period of the day or week.

The City of Encinitas, CA, has three neighborhood parks that allow dogs off leash that also have children's playgrounds or other uses within the park. These uses are not separated by a fence, as the City did not want the children fenced in and did not want the dog area fenced off. Instead, Encinitas park uses are separated by time. Dogs are allowed off leash during certain hours and days of the week when children are less likely to be present. For example, every other weekday and one weekend day is available for off leash use and, on those days, the off leash time is restricted to early morning and late afternoon into evening hours. Scheduling off leash hours for early and late in the day allows people to exercise their dogs before and after work. The mid-day hours are reserved for other recreation uses.

Three Carpinteria parks were evaluated as a part of this study as possible shared use parks. These are El Carro Park, Monte Vista Park and Memorial Park.

1. Evaluation of Shared Use Park Sites
Shared use park sites under consideration for the purposes of this study include El Carro Park, Memorial Park and Monte Vista Park. All of these city parks are in the vicinity of residential areas with Memorial Park and Monte Vista Park having the most multifamily housing nearby. All three sites have existing play structures and picnic areas. Ali the parks are already intensively used by the neighborhoods. a. El Carro Park
El Carro Park is the largest and probably the most intensively used local park by organized sports including AYSO Soccer and Carpinteria Valley Little league. Because it is foreseeable that dogs in dog parks might become over-excited and aggressive it is plausible that that the placement of dog parks near playgrounds, sports fields and picnic ii
1:1
areas could pose a high risk to the children in the playgrounds and less agile pedestrians.
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The area preferred in El Carro park is in the northern field shown outlined in red.

This 2.15 acre portion of the park is over 100 yards away from a children's play structure and picnic facilities. II is adjacent to a youth services facility (Girl's Incorporated). a private elementary school (Howard School), and 13 residences to the south and west. Use of this area would need to be time limited in a way similar to Encinitas parks and coordinated with sports use of the field In order to prepare this park for off leash purposes, fencing and regulatory signage would be required. Wien in operation, periodic code enforcement presence would be required. CDOG oversite would also be highly recommended.
b. Monte Vista Park
Monte Vista Park is located in the eastern part of the City. It is smaller than El Carro Park. It does not typically have league sports but is often used for team practice. The preferred area is within 100 feet of a children's play structure, but the designated area could be reduced in size to increase the buffer area The park is surrounded by multifamily housing and agriculture. In order to prepare this park for off leash purposes, fencing and regulatory signage would be required.

When in operation, periodic code enforcement presence would be required CDOG oversite would also be highly recommended.
c. Memorial Park
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B. Dedicated Dog Parks
A dedicated dog park is one that is exclusively
managed to allow off leash dogs. In a park of this
type, other amenities such as a children's play
area or organized sports are not accommodated.

In the circumstance the City would like to pursue
a dedicated dog park, several sites could be
considered. No site will be perfect, but size,
sensitive adjacent uses, and acquisition and
development costs need to be considered.

2. Evaluation of Dedicated Dog Park Sites
Memorial Park is much smaller than the other previous mentioned parks. It is surrounded by multifamily housing and the pari< is intensively used. No organized sports formally use the park, but pick up games and team practices are common. Memorial Park has a high use by small children in the play area.

The play structure is about 150 feet way from the area highlighted. The new play structure there is very popular. In order to prepare this park for off leash purposes, fencing and regulatory signage would be required. When in operation, periodic code enforcement presence would be required. CDOG oversite would also be highly recommended.
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a. Lagunitas Vacant Land
One site that is available with very little cost is located at 6380 Via Real in the eastern part of the City. It is 2.58 acres in size and is presently unimproved open space with no ammenities. The site has many compatible characteristics for a dog park as it does not have existing park uses, is isolated from sensitive neighboring uses and is large enough to install a quality dog park project.

Lagunitas Open Space is available to the City with no cost to purchase the land. As a condition of City ownership, it must only be used for park and open space purposes. It is large enough to design a competent dog park design with small and large dog areas. The site has adequate space for needed parking. jil
b. Dump Road Parcels
Dump Road open space is privately owned. It has adequate space to design a nice dog park with adequate parking The site has been used as a lay down yard recently for emergency public utility use so it is devoid of any natural features. It is zoned for industrial uses. Its price and availability are not known.
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Another parce l of land near Dump Road is APN 001-170-003. It is about 8.8 acres of land that is zoned for recreation and open space. This parcel has no established access from a public street. The parcel has been used for tree plantings and consequently has a nice coastal forest. The parcel abuts up to twenty single family homes that may be sensitive to a dog park use of the site.

Site acquisition costs and availability are unknown.
c. Carpinteria Creek Park
A parcel of land situated near the Carpinteria Creek Park may be suitable for a off leash area. \/1/hile the County of Santa Barbara currently owns the land and it is a construction zone for the Casitas Pass Interchange, it is expected to transferred to the City once construction is complete. The Site features mature native oak trees and proximity to Carpinteria Creek. These attributes may also pose challenges as they are considered sensitive habitat areas. Other challenges include provisions for parking and for restrooms. The site is comparatively small and its topography and closeness to the freeway are considered challenges. 1:
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Ill.

Carpinteria Municipal Code
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ublic safety is the most important factor in considering an off leash dog park, Should the City of Carpinteria pursue accommodating any off leash privileges, the Carpinteria Municipal Code will need to be amended. Staff has reviewed the regulations of many communities and suggests that amendments will need to be based upon the whether the City pursues a shared use park, a dedicated dog park, or both, Currently the Carpinteria Municipal Code reads as follows:

CMG 6.04.230 - Dog leash required when.
• It is unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him to be on any public street. alley, lane, park or place of whatever nature open to and used by the public in the city or on any private property without permission of the owner or person in charge thereof, unless such dog is securely leashed and the leash is held continuously in the hand of a responsible person capable of controlling such dog or unless the dog is securely confined in a vehicle.

The CMG could be amended to include a provision to allow off leash areas by amending the code to read as follows;
This section prohibiting off-leash dogs in public parks shall not apply to dogs that are off-leash within designated off-leash dog areas established by Resolution of the City Council. The City shall post appropriate signs and notices designating off-leash dog areas and indicating the rules and regulations applicable to such designated off-leash dog areas. Failure to comply with the posted rules and regulations shall constitute a violation of Section 6.04.230 of the City of Carpinteria Municipal Code.

Rules can be established and include many or all of the following items taken from rules of existing dog parks.

1. All dogs must be on leash entering and exiting the fenced area. Dog owners or handlers must have a leash in hand at all times for each dog under their control. Leashes may not exceed 6 feet in length.

2. Dogs must be under the voice control of their caretaker.

3. All dogs must remain within the fenced area when off leash.

4. Owners must be in control of their dogs at all times. Dogs with a history of dangerous behavior are not allowed.

5. Cleaning up after your dog is required.

6. Dogs must have current licenses and vaccinations; licenses must be on the dog's collar, collar must be on the dog.

7. No more than three dogs per owner/handler.

8. Children under the age of 14 must be closely supervised by an adult

9. Consumption of food and the use of glass containers are not allowed in the off-leash area. No food, beverages, glass, sharp objects or weapons are permitted inside the park.

10. Dogs in heat are not allowed.

11. No puppies less than 4 months of age are allowed.

12.0wners must provide their own drinking bowls.

13. Leaving dogs unsupervised is prohibited.

14. Training classes are not allowed unless permitted in writing by the City.

15. Dog bites should be reported immediately to the City of Carpinteria.

16.Every person bringing a dog to the park must possess a driver's license or government-issued identification card.

17. No dog shall be left unattended by its owner or allowed ou1 of sight.

18. No dogs allowed if previously adjudicated to be dangerous.

19. No dogs allowed that previously have bitten or injured a person or another animal or is showing aggression towards people or other animals.

20. No dogs allowed that are known to initiate fights with other dogs.

21.AII violations will be investigated and one of the possible penalties is revocation of privilege

22. Owners are legally responsible for their dogs and any injuries caused by them. IV. Dog Pa
rk Maintenance
Maintenance of dog park facilities will be an important consideration. Maintenance will be required to keep fences in order, fill holes dug by dogs, maintain the landscaping and parking areas and dog waste must be managed. As dog parks have become more common, agencies have realized the maintenance is critical to user satisfaction. Most common complaints include no vegetation, excessive dog waste, overstimulated dogs running amok, dog fights, and even dog deaths.

The cost of maintenance of a dog park must be accommodated to make the project successful Routine patrol, code enforcement and maintenance activity will be required. It is important the City have a record of dog park inspections and rule enforcement activity. ·!I
A. Dog Waste
"There are over 20 different bacteria, viruses and parasites in dog feces that can infect other dogs," said Michael Lappin, the Kenneth W. Smith Professor of Infectious Disease at Colorado State University.

In 2012, Lappin led one of the first studies to discover whether dog park visitation is associated with an increased prevalence of parasites. Lab results showed dogs that visit dog parks were more likely to test positive for two common parasites (giardia and cryptosporidium) than non-dog park-attending dogs. The strains of these parasites were those that infect dogs and not typically people.

But if the dogs are healthy and are on parasite-preventative products, the Centers for Disease Control and Prevention says dog parks pose a minimal risk. People who become sick from these agents are usually the very young or very old and those who are immune-compromised.

If dog waste is not properly handled, then environmental contamination could occur. 1/Vhen rain occurs, dog park runoff can contribute to high bacteriologic counts and contribute to creek and beach closures.

A dog park properly operated will have strict compliance of dog waste pick up, provide dog waste disposal containers and a record of enforcement.

V. Design Elements and Infrastructure of a Dog Park.

Designating an area as a dog park requires consideration of design. Signage must be present to dearly inform all visitors of dog park rules. Double gates for safety; visually shielded from dogs that are already in the park. Two or three entrances are preferable. A well designed dog park will have fencing and decisions on how high and what type are important The park should be as large as possible, at least an acre. It is preferably not a square piece of land, but one that is oddly shaped.

The park should have hills, structures and trees to block dogs from racing towards each other.

Keeping large dogs and small dogs separated is considered by many experts to be critical. Park features such as a potable water fountain, shade, accessible parking, large and small dog areas, seating, dog waste bag dispensers, durable and appropriate landscaping, trash cans, restrooms and other amenities are considered important.

Should the City decide to proceed with any form of a dog park project, it is recommended a licensed landscape architect be retained to provide plans and design details.

VI. City Liability
In consideration of pursuing a dog park project, the City must consider exposure to liability. Generally, some immunities exist that protect government entities from some claims. For example,
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California Government Code §831.7.5. provides some immunity and states as follows
(a) A public entity that owns or operates a dog park shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog in the dog park
California Government Code Section §830 6 provides, "Neither a public entity nor a public employee is liable ... for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body .. or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved. dog parks became very popular in urban areas and are one of the fastest growing segments of city parks.

Shared use parks are a viable concept if properly designed and programmed to avoid conflicts of use with existing park activities. A record of rule enforcement is recommended
A dedicated dog park facility is a more conventional approach but must also be properly designed, maintained and supervised to be successful.

A nongovernment partner supporting or operating the off leash dog park is considered a big plus to the success of an off leash dog park.

However, failure to enforce its own rules and regulations may result in governmental liability. Dog parks frequently are governed by special rules that are either posted or part of the local municipal code. If an irresponsible dog owner has a habit of breaking those rules, and the local animal control officers do nothing despite being informed, a person who sustains personal injuries or injuries to his or her dog may prevail against the municipality.

VII. CJPIA Guidance
The City of Carpinteria is a member of the California JPIA The CJPIA works with the members to reduce the frequency and severity of claims. Through risk analysis and continued education, the Authority helps its members identify exposures and prevent losses. Each member agency is assigned a professional Risk Manager to serve its specific needs and to help the agency determine its risk management strategy. The assigned risk manager for the City of Carpinteria was queried about possible dog park ideas including off leash areas and a dedicated dog park. Some concern was expressed about time control off leash privileges in existing parks as they may be an unconventional approach and mixed uses in parks can lead to increases in liability exposure. The idea of a dedicated dog park was considered a preferred approach and a record of rule enforcement by the City considered to be a good management practice VIII. Conclusions
Dog parks enable owners to spend quality time with their dogs. These areas promote social interactions among dogs and generally offer a safe setting for regular exercise in a controlled environment under the supervision of their owners. Over the last decades, j!f
Page# 10
Off Leash Pilot Program
January 23, 2023
Exhibit A
Concept Park Designs
G/Users/MatUPark-Rec/Dog Park Staff Report January 9, 2023 Page# 9
Off Leash Pilot Program
January 23, 2023
Additionally, lack of fencing creates dangers for the dogs using the dog park. Dogs off leash may run off and get lost, get hurt or potentially hit by a car. It is also recommended that fencing be used to separate larger dogs from smaller dogs in order to prevent injury to smaller dogs when larger dogs become aggressive.

Warm Regards,
Devon Tursick
G/Users/Matt/Park-Rec/Oog Park Staff Report January 9, 2023 Exhibit A
Concept Park Designs
Current boundaries of the scheduled off leash area at El Carro Park. Exhibit shows sign program details.

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Alternate location of off-leash area at El Carro Park. This design was never implemented due to concerns that it would not be successful.
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Concept Design for Lagunitas Park. Design includes off-leash areas, pickle ball courts, parking, picnic areas, restrooms, and select plantings of trees and plants.

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Lagunltas Doa Park
CotpWlllla, CA. 113W\3
Concept Plan

CITY OF CARPINTERIA

PARKS DEPARTMENT
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Exhibit B
Off-leash Area Rules Sign
Off-leash area rules currently posted at El Carro Park. Signs are displayed in both English and Spanish it Use park at your own risk - Owners are legally Responsible for the behavior of the dog(s) in their custody . .. W Dogs must be leashed while entering and exiting the off-leash area. it Dogs must remain leashed when outside the off-leash area boundary. it Owners must be within the off-leash area and supervising their dog(s) with a leash in hand at all times . .. 'A' Dogs must be under visual and voice control at all times. it Dogs in heat, puppies under four (4) months in age and agressive dogs are prohibited. it Dog owners must clean up after their dog(s) immediately. \i.t Dogs must be licensed and have current vaccinations, including rabies. Dog license must be immediately available and provided as requested by Animal Control. it Dogs must wear collars (no spikes) . .. 'A' Dog owners must be at least 18 years old. it Children under age 13 must be supervised by an adult at all times . .. W Owners must comply with off-leash hours and boundary signage. it Limit three (3) dogs per owner.

The City of Carpinteria Is not liable for any Injury or damage caused by any dog within the park or off-leash area.

Dog owners using the park take full responsibility for the actions of the dog(s) in their custody. (805) 684-5405
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City of Carpinteria
Porks and Recreation
IN CASE OF EMERGENCY DIAL 911
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
January 23, 2023

ITEM FOR COUNCIL CONSIDERATION
Review and Update of City Council Representatives to Regional Agencies and Committees . and Representatives to Area Boards and Committees, and Selection of City Council Representatives to Regional Agencies and Committees, City Council Joint and Standing Committees, Ad Hoc Committees, and Appointed Representatives to Area Boards and Committees.

STAFF RECOMMENDATION

1. Review existing Representatives to Regional Agencies and Committees and Appointed Representatives to Area Boards and Committees;

2. Approve the renaming of the Representatives to Regional Agencies and Committees to Regional Committees;

3. Approve the creation of a new category entitled Appointees to Other Government Agencies consisting of certain Regional Committees and Appointed Representatives to Area Boards and Committees as noted in the staff report; and

4. Assign City Council representatives to Regional Agencies and Committees, City Council Joint and Standing Committees, and Ad Hoc Committees, as set forth in the staff report and the below sample motion.

Sample Motion: I move to:

1. Approve the renaming of the Representatives to Regional Agencies and Committees to Regional Committees;

2. Approve the creation of a new category entitled Appointees to Other Government Agencies consisting of certain Regional Committees and Appointed Representatives to Area Boards and Committees as noted in Table 1 of the staff report

3. Assign representatives as follows:
a. I move to assign Councilmember and other representatives, as discussed in Table 2, to the newly created category of Appointees to Other Government Agencies.

Selection of Council Representatives on Regional
Agencies, Committees and Ad Hoc Committees
January 23, 2023

Page 2 ends

Carpinteria City CouncilJanuary 23, 2023

Carpinteria City Council
January 23, 2023