City of Carpinteria
City Council Regular Meeting Agenda
Monday, February 13, 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.
City Council Regular Meeting Agenda
February 13, 2023
• 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
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One Potential Case
Facts and Circumstance: City Attorney to provide oral statement prior to closed session pursuant to Government Code section 54956.9(e)(2).
Participants: City Manager Dave Durflinger, Assistant City Manager Michael Ramirez; Community Development Director Steve Goggia, and Mack Carlson, on behalf of Brownstein Hyatt Farber Schreck, LLP acting as City Attorney of the City of Carpinteria.
TEMPORARY ADJOURNMENT TO CLOSED SESSION
City Council Regular Meeting Agenda
February 13, 2023
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.
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS: NONE
TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY
MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
This may include updates on law enforcement activity within the City from a Sheriff’s Office representative.
CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.
a. Update on January Storm Cleanup
b. Measure X Spending Plan
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.
City Council Regular Meeting Agenda
February 13, 2023
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.
3. Approve the minutes of the regular meeting held January 23, 2023 and the special meeting held January 30, 2023.
4. Receive and file the Expenditures for the period beginning January 14, 2023 and ending February 3, 2023.
5. Adopt Resolution No. 6193, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.
ADMINISTRATIVE MATTERS:
6. Adoption of Resolution No. 6194, extending the emergency proclamation in response to the January 2023 storms and related emergency response.
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 environment.
Staff Presenter: Olivia Uribe Mutal, Program Manager
a. Staff Report
b. Public Comment
c. City Council Determination
7. Closeout of 2022 Pavement Maintenance Project.
City Council Regular Meeting Agenda
February 13, 2023
Recommendation: Authorize the Mayor to sign the Closeout Agreement and Release of Claims for the 2022 Pavement Maintenance Project with Onyx Paving Company, Inc. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
d. Staff Report
e. Public Comment
f. City Council Determination
8. Adoption of Resolution No. 6196, approving the recommendations of the Traffic Safety Committee.
Recommendation: Adopt Resolution No. 6196, approving the recommendations of the Traffic Safety Committee.
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING
9. (1) Introduction of Ordinance No. 760 (Attachment A), making changes to the City of Carpinteria’s (“City”) zoning regulations and General Plan/Local Coastal Program (“GP/LCP”) regarding regulation of formula businesses. Changes to the Carpinteria Municipal Code (“CMC”) include the addition of Chapter 14.53 entitled “Regulation of Formula Businesses” and the addition of a new definition to Chapter
14.08; and (2) A finding that approval and adoption of Ordinance No. 760 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines, and (3) Adoption of Resolution No. 6192 (Attachment B), certifying that Ordinance No. 760 is intended to carry out the policies of the City’s certified LCP consistent with the California Coastal Act, and direct that the proposed LCP Amendment (“LCPA”) be transmitted to the California Coastal Commission for certification.
Recommendation: (1) That the City Council approve the first reading of Ordinance No. 760, amending the City’s zoning regulations and GP/LCP to establish formula business regulations in CMC 14.53 (including the addition of a definition to CMC 14.08); (2) That the City Council find that approval and adoption of Ordinance No. 760 is exempt from CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines; and (3) That the City Council adopt Resolution No. 6192, certifying that Ordinance No. 760 is City Council Regular Meeting Agenda
February 13, 2023
intended to carry out the policies of the City’s certified LCP consistent with the California Coastal Act, and direct that the proposed LCP Amendment be transmitted to the California Coastal Commission for certification.
Staff Presenter: Steve Goggia, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination
10. Adopt Resolution No. 6195, Approving the Measure A Five-Year Local Program of Projects for Fiscal Years 2023-24 through 2027-28.
Recommendation: (1) Adopt Resolution No. 6195, approving the Measure A Five-Year Local Program of Projects for Fiscal Years 2023-24 through 2027-28 and (2) Authorize the Public Works Director to submit the Measure A Five-Year Local Program of Projects to the Santa Barbara County Association of Governments.
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR
AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED
MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:
11. Continuance of the off-leash dog park program at El Carro Park and consideration of additional sites.
Recommendation: Staff recommends that the City Council receive the report and provide direction to Staff as it determines appropriate.
Staff Presenter: Matt Roberts, Parks, Recreation and Public Facilities Director a. Staff Report
b. Public Comment
c. City Council Determination
City Council Regular Meeting Agenda
February 13, 2023
12. Amendments to the Downtown “T” Encroachment Guidelines, authorizing a parklet as an allowed encroachment of the City of Carpinteria public right-of-way in the Downtown “T” Business District.
Recommendation: (A) Adopt Resolution No. 6174, approving the amended Downtown “T” Encroachment Guidelines and (B) Provide direction concerning development of Downtown “T” Encroachment Permit fee for parklets and refer the matter to the Finance Committee for recommendation(s).
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
***Agenda Item No. 13 has been moved to the February 27, 2023 City Council meeting.
13. Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2022.
Recommendation: Receive and file the ACFR for the fiscal year ended June 30, 2022.
Staff Presenter: Licette Maldonado, Administrative Services Director a. Staff Report
b. Public Comment
c. City Council Determination
LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Informational reports from Councilmember representatives on the committees, commissions and organizations listed below. This is also an opportunity for Councilmembers to request information from staff or seek support from fellow Councilmembers for future agenda items.
1. Appointees to Other Government Agencies
City Council Regular Meeting Agenda
February 13, 2023
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) (Solórzano/Alt. Clark)
b. California Joint Powers Insurance Authority (CJPIA) (Clark/Alt. Alarcon) c. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.
Nomura)
d. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt.
Nomura)
e. Central Coast Community Energy (3CE) (Nomura/Alt. Goleta) f. Santa Barbara Mosquito and Vector Management District (Joe Franken) g. Santa Barbara Metropolitan Transit District (Solórzano)
2. Regional Committees
a. Channel Counties Division, League of California Cities (Nomura/Alt.
Alarcon)
b. Santa Barbara Joint Affordable Housing Task Group (Alarcon & Solórzano) c. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
d. South Coast Youth Safety Partnership (Solórzano/Alt. Lee) e. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)
3. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Alarcon & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee and Alarcon) d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Solórzano) f. City Council Finance/Budget Committee (Alarcon & Clark) g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura) (PC: To Be Selected by Planning Commission) (ARB: To Be Selected by Architectural Review Board)
i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Lee & Clark) (PC: To Be Selected by Planning Commission)
j. Public Facility Site Acquisition/Development Committee (Clark & Nomura) k. City Council Boards, Commissions and Committees Interview Committee (Clark & Nomura/ Alt. Lee)
4. Ad Hoc Committees
a. COVID-19 Communications Committee (Nomura & Clark)
b. Harbor Seal Advisory Committee (Clark & Alarcon)
City Council Regular Meeting Agenda
February 13, 2023
c. Senior Services Planning Committee (Lee & Solórzano) d. Civic/Youth Engagement Committee (Lee & Nomura)
e. City Council Housing Element Committee (Clark & Nomura)
5. Appointed Representatives to Area Boards & Committees a. Community Media Access Center (Gary Dobbins)
b. County Library Advisory Committee (Gail Marshall)
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
ADJOURNMENT
The next regular City Council meeting will be held February 27, 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, February 8, 2023, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.
CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013
REGULAR MEETING AGENDA
MONDAY, FEBRUARY 13, 2022
5:30 P.M.
1. Call to order and roll call.
2. Confirmation of legal noticing and procedural requirements of meeting.
3. Public Comment – This is the time for public comments on matters not otherwise on the agenda but within the subject matter of the Carpinteria Library Board of Trustees.
4. Approval of minutes of the regular meeting held January 9, 2023.
5. Update on the Library.
6. New Business & Discussion.
7. Adjournment.
The Carpinteria Library Board of Trustees agenda and any associated staff reports will be available on Thursday, February 9, 2023 on the City’s Website:
https://carpinteriaca.gov/city-hall/agendas-meetings/. The Carpinteria Library Board of Trustees agenda and staff reports are part of the City Council agenda for its regular meeting of February 13, 2023. Please see “TEMPORARY ADJOURNMENT FOR THE
PURPOSE OF HOLDING THE MONTHLY MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES.” Details and procedures on how to provide public comment and participate in the meeting through telephonic means are available on the posted City Council agenda at https://carpinteriaca.gov/city-hall/agendas-meetings/.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact Brian Barrett, City Clerk at [email protected] or (805) 755-4403. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting. This agenda was posted on Wednesday, February 8, 2023, in the City Clerk’s Office, on the City Hall Public Notices Board, and on the Internet.
CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013
REGULAR MEETING MINUTES
MONDAY, JANUARY 9, 2023
1. Call to order and roll call.
President Clark called the meeting to order at 6:01 pm.
Boardmembers present: Boardmember Roy Lee
Boardmember Wade T. Nomura
Boardmember Mónica J. Solórzano
Vice President Natalia Alarcon
President Al Clark
Staff members present: Dave Durflinger, Chief Executive Officer Brian C. Barrett, Secretary
Jody Thomas, City Librarian
2. Confirmation of legal noticing and procedural requirements of meeting.
Secretary Barrett acknowledged that all legal noticing and procedural requirements have been met.
3. Public Comment
There was no public comment.
4. Approval of minutes of the regular meeting held December 12, 2022.
Motion by Boardmember Nomura, seconded by Boardmember Lee, to approve the minutes of the regular meeting held December 12, 2022. The roll call vote was as follows:
AYES: Boardmember Lee, Boardmember Nomura, Boardmember Solórzano, Vice President Alarcon, and President Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Library Board of Trustees Regular Meeting Minutes
January 9, 2023
5. Update on the Library.
City Librarian Thomas presented the staff report.
Motion by Vice President Alarcon, seconded by Boardmember Solórzano, to receive and file the January 2023 Community Library Update Report. The roll call vote was as follows:
AYES: Boardmember Lee, Boardmember Nomura, Boardmember Solórzano, Vice President Alarcon, and President Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
6. New Business & Discussion.
There was no new business nor discussion.
7. Adjournment.
President Clark adjourned the meeting at 6:20 p.m.
________________________________
Brian C. Barrett, CMC, CPMC, Secretary
City of Carpinteria
LIBRARY BOARD OF TRUSTEES AGENDA STAFF REPORT
February 13, 2023
ITEM FOR LIBRARY BOARD OF TRUSTEES CONSIDERATION
February 2023 Community Library Update.
STAFF RECOMMENDATION
Receive and file the report.
Sample Motion: I move to receive and file the Community Library report.
BACKGROUND
The Carpinteria Community Library, established by Ordinance 747 June 14, 2021, and added to the Municipal Code, Chapter 2.38, also established a Library Board of Trustees (section 2.38.030) to meet at least once a month. (Attachment C) Resolution 6073, September 13, 2021, resolved the Library Board of Trustees to meet on the second Monday of each month at the same time and place as the City Council meeting. (Attachment D)
DISCUSSION
January 2023 statistics
24 open days
3,937 library visits
121 new library cards issued
Library Programs:
• 14 distinct programs (3 in Spanish)
• 45 sessions of those programs
• 454 attendees at those session
December 2022 Statistics
20 open days
3171 library visits
LBOT Agenda
February 13, 2023
Public computer usage:
• 3 desktop computers
• 262 sessions
• 17 4 hours of computer use
WiFi usage (attachment A)
• 526 unique users
• 1410 sessions
Literacy tutor training was completed in January and intake interviews with learners have been completed. We are working on matching tutor and learner pairs. We have purchased literacy materials to support tutor/learner pairs and have made the library community room available for tutoring. We have more learners than tutors at this time and will continue recruiting tutors.
Computer classes, in Spanish, began last month, with content based on assessment and needs of attending students. The adult students are motivated and encouraged.
Some of the students do not have internet or computer at home and the library is their only access to computers.
Carpinteria Middle School ESL class visited the library recently. They got library cards, checked out books, and were generally introduced to the Library resources.
The library will now proctor exams for students doing distance learning. If a student requires proctoring on an exam, library staff is available to set-up, monitor the test taking, and submit the exam.
Chris Wehling, a Library volunteer who provides one-to-one tech help once a month at the library to help people with specific issues related to devices and/or software how to, offered a program called How to Keep Your Information to Yourself (online). Topics included how to keep information secure online; how to prevent identity theft; how to keep passwords secure, and best practices using digital devices on the Internet. It was so popular, we are hosting another workshop February 23.
Our new circulation desk was installed. It is a beautiful, bespoke desk crafted by Carpinteria craftsmen. New chairs for both adults and children are now installed in the library.
The Library Tech recruitment is open and we are actively seeking an additional staff member to support operations.
Staff Report February 13 2023.docx
LBOT Agenda
February 13, 2023
Volunteers at the library in January:
9 adults= 52 hours
7 students = 44 hours
Library Advisory Commission meets monthly on the second Thursday of each month. (Attachment 8)
POLICY CONSISTENCY
The Library programs and resources are consistent with the 2022 Annual Work Plan and the actions of the City Council concerning the establishment of a municipal library.
FINANCIAL CONSIDERATIONS
• Both the circulation desk and the chairs were funded by a gift from La Centra - Sumerlin Foundation in 2022 for renovation work .
•
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
As determined necessary and appropriate, staff consults with the City Attorney's Office and risk managers of its insurance entity, the California Joint Powers Insurance Authority, in order to ensure compliance with legal requirements and best practices.
OPTIONS
1. Receive and file.
2. Direct staff as appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
No principal parties expected to attend.
ATTACHMENTS
Attachment A - WiFi Statistics January 2023
Attachment B - Library Advisory Commission memo
Attachment C - Ordinance 747
Attachment C - Resolution 6073
Staff Report February 13 2023.docx
LBOT Agenda
February 13, 2023
Staff contact: Jody Thomas, City Librarian
(805) 684-4314, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Staff Report February 13 2023.docx
ATTACHMENT A
~WhoFi
Carpinteria Community Library January-2023
In January, 526 unique patrons used your
library WiFi. On average, these patrons
visited to use the WiFi on just under 3
individual days.
Change from prior month
1410 f 21.87%
Monthly Sessions
Total Visits
1235 f 17.96%
eo
CC\
526 f 13.36%
Unique Visitors
2.35 f 3.98%
Average Return Rate
Total Monthly Session Count
1410
909
408
53 42
31 20
9 10
SMPY Dec Jan
Mon
Total Monthly Visits
1235
734
233
SMPY Dec Jan
*SMPY: Same Month Prior Year
Average Daily Visits
Sun Tue Wed Thurs Fri Sat
Average Peak Hourly
8 6
4 2
0 8am 9am 1 Dam 11 am 12pm 1 pm 2pm 3pm 4pm 5pm 6pm
~WhoFi
ATTACHMENT B
MEMORANDUM
Date: February 8, 2023
To: Carpinteria Community Library Board of Trustees
From: Jody Thomas, City Librarian
Subject: Library Advisory Commission actions for January 2023
1. Reviewed and provided feedback on a draft Code of Conduct to be vetted by the City Attorney and brought before the Board of Trustees at a future meeting.
2. Began drafting a community assessment action plan, including online surveys, print surveys, in-person surveys, focus groups, and other means of gathering information.
ATTACHMENT C
ORDINANCE NO. 747
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, AMENDING TITLE 2 OF THE
CARPINTERIA MUNICIPAL CODE BY MODIFYING CHAPTER 2.20, CITY
DEPARTMENTS, ADDING A NEW LIBRARY DIVISION TO THE PARKS,
RECREATION & PUBLIC FACILITIES DEPARTMENT, AND ADDING
CHAPTER 2.38, MUNICIPAL LIBRARY
WHEREAS, Carpinteria Municipal Code ("CMC") Chapter 2.20 establishes Departments and divisions of the City for carrying out programs under the direction and supervision of the City Manager; and,
WHEREAS, the City Manager is recommending changes to certain titles, divisions, and programs in order to support the effective and efficient delivery of necessary and desired programs to the Carpinteria community via the City organization; and,
WHEREAS, the City Council has initiated a process to establish a Municipal Library consistent with provisions of the Education Code Sections 18910 et seq., which requires that, among other things, a Library Board of Trustees be established; and, WHEREAS, the City Council has considered the recommendations of the City Manager at a duly noticed public meeting.
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 Ordihance.
SECTION 2. CMC Section 2.20.080, Parks, recreation and public facilities, is amended to read as follows (additions shown in underline):
2.20.080 Parks, recreation and public facilities.
Divisions: Parks & public facilities.
Programs: Department administration;
Parks and facilities improvement and
maintenance.
Recreation.
Programs: Community pool services;
22690485.3
Ordinance No. 747
· Ocean beach services;
special events;
Municipal Library
Programs: Collections: learning: community programs &
events.
I I
SECTION 3. ADDITION OF CHAPTER 2.38 TO THE CMC.
Chapter 2.38, entitled, "Municipal Library," is hereby added to Title 2, "Administration and Personnel" of the CMC to read as follows:
"Chapter 2.38
Municipal Library
Sections:
2.38.010
2.38.020
2.38.030
2.38.040
Municipal library established
Governance and operation of library
Library board of trustees created
Meetings
2.38.010 - Municipal library established.
A public municipal library is hereby established to be maintained in all respects in accordance with the provisions of Education Code sections 18900 et seq., as it may be amended.
2.38.020 - Governance and operation of library.
The Carpinteria public library will be governed and operated in accordance with the Municipal Public Library Act (Educ. Code§§ 18900 et seq.), and such additional rules and regulations as may be adopted by the City Council.
2.38.030 - Library board of trustees created.
The library board of trustees shall consist of five members appointed by the Mayor with the consent of the City Council, and unless appointed otherwise, shall be the same members as the current membership of the City Council. Except as provided below, each trustee will hold office for a term of three years. If a city council member also sits on the board, the term of office for that trustee will automatically expire upon the expiration or termination of their term of office as a city council member. Vacancies on the board will be filled by appointment for the unexpired term in the same manner as the original appointments are made.
2.38.040 - Meetings.
The library board of trustees shall meet at least once a month at such time and place as the board may fix by resolution. Meetings of the board are governed by the Ralph M.
Brown Act (commencing with Government Code section 54950). A majority of the board 2 Ordinance No. 747
will constitute a quorum for the transaction of business. The board must cause a proper record of its proceedings to be kept.
2.38.050 - Annual report.
The board must, on or before August 31
st
, of each year, cause a report to be prepared
on the condition of the library for the fiscal year ending the June 30. The reports must, in addition to other matters deemed expedient by the board, contain such statistical and other information as is deemed desirable by the state librarian. The board must provide a copy of the annual report to the state librarian.
SECTION 4: EFFECTIVE DATE
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 adoption pursuant to California Government Code section 36937.
SECTION 5: SEVERABILITY
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 6: CEQA EXEMPTION
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines §15060(c)(3) (this activity is not a "project" as defined in § 15378).
SECTION 7. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED on June 14, 2021, by the following vote:
AYES: COUNCILMEMBER(S): ALARCON, CARTY, LEE, CLARK, NOMURA.
NOES: COUNCILMEMBER(S): NONE
ABSENT: COUNCILMEMBER(S): NONE
3 Ordinance No. 747
ABSTAIN: COUNCILMEMBER(S):N0NE
~.----
Mayor, City of Carpinteria
ATTEST:
~~/4¢:: of;, · CityClerk,City d't Carpinteria
I hereby certify that the foregoing ordinance was adopted after second reading at a regular meeting of the City Council of the City of Carpinteria held on June 14, 2021.
APPROVED AS TO FORM:
4 ATTACHMENT D
RESOLUTION NO. 6073
A RESOLUTION OF TliE CITY OF CARPINTERIA LIBRARY BOARD
OF TRUSTEES ESTABLISHING THE REGULAR MEETING TIME AND
PLACE OF THE BOARD.
WHEREAS, Ordinance 747 was adopted on June 14
th 2021 amending Title 2 of the
Carpinteria municipal code by modifying chapter 2.20, City Departments, adding a new library division to the Parks, Recreation & Public Facilities Department, and adding Chapter 2.38 Municipal Library; and
WHEREAS, Ordinance 747 established a Library Board of Trustees; and WHEREAS, Carpinteria Municipal Code ('CMC") 2.38.030 establishes a Library Board of Trustees; and
WHEREAS, Carpinteria Municipal Code ('CMC") 2.38.040 establishes that the Library Board of Trustees shall meet at least once a month at such time and place as the board may fix by resolution. Meetings of the board are governed by the Ralph M.
Brown Act (commencing with Government Code section 5~950).
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The Library Board of Trustees will meet on the second Monday of each month at the same time and place as the City Council meeting.
PASSED, APPROVED AND ADOPTED on the 13th day of September, 2021, by the following vote:
AYES: BOARDMEMBER(S): Al arc on, Carty, Lee, Cl ark, Nomura NOES: BOARDMEMBER(S): None
ABSENT: BOARDMEMBER(S): None
ABSTAIN: BOARDMEMBER(S):
President, Board of Trustees
Resolution No. 6073
ATTEST:
~Secretari,oardofTrustee,
s
~ - /.
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City of Carpinteria Library Board of Trustees held on September 13, 2021. ~
Secretary,
~
B6
~
ard of Trustee
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APPROVED AS TO FORM:
~ ~ f,--
Jen a Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of .Carpinteria
G0rive\Olivia\Library Board of Trustees\RESOLUTION NO. 6073.doc
MEMORANDUM
Date:
To:
From:
Subject:
February 7, 2023
City Council ✓
Steve Goggia, Community Development Director
February 6, 2023 Planning Commission Actions
On Monday February 6
th the Planning Commission considered the following hearing request with all four Planning Commissioners in attendance:
1) Zins New Condominium Triplex
Project# 21-2083-DP/TPM/CDP
Address: 4905 Eighth Street
Hearing on the request of Dylan Chappell, architect, for Jerry and Lisa Zins, to consider Project 21-2083-DP/TPM/CDP (application filed January 13, 2021) for approval of a Development Plan, Tentative Parcel Map, and Coastal Development Permit to demolish an existing 1,124 square-foot one-story single-family dwelling and construct a new twostory 4,717 square-foot condominium triplex with an attached 1,105 square-foot five-car garage, for a total size of 5,822 square-feet under the provisions of the Carpinteria Municipal Code (CMG) §14.14 - Planned Residential Development District, §14.68 - Development Plan, and Title 16 - Subdivisions; and to approve an Exemption pursuant to §15303, §15315, and §15332 of the California Environmental Quality Act (CEQA) Guidelines. The application involves APN 003-311-001, addressed as 4905 Eighth Street.
The Planning Commission voted 4-0 to approve the project, adding a condition that furniture on the roof deck be set below the rail so as not to be seen from below, and that on the roof deck only a single pole umbrella be used for shade. 2) Cruz Mixed Use Building
Project# 15-1781-DP/CDP
Address: 4675 Carpinteria Avenue
Hearing at the request of Ubaldo Diaz, designer/agent, for Bernardo Cruz, to consider Project 15-1781-DP/CDP (application filed July 9, 2015) for approval of a Development Plan and a Coastal Development Permit (and a front setback modification to zone district requirements) to construct a two-story 2,784 square foot commercial I residential mixed use building comprised of a 494 square foot ground floor commercial space, two covered commercial parking spaces, two single-car residential garage spaces, and two second-floor one-bedroom apartments (of 880 square feet each) under the provisions of the Carpinteria Municipal Code (CMC) § 14.20- Commercial Planned Development District; and to approve an Exemption pursuant to § 15303, 15304, 15305, and 15332 of the California Environmental Quality Act (CEQA) Guidelines. The application involves APN 003-242-007, addressed as 4675 Carpinteria Avenue.
The Planning Commission voted 4-0 as proposed.
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, January 23, 2023
In-Person and Virtual
CALL TO ORDER
Mayor Clark called the meeting to order at 4:11 pm.
ROLL CALL
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
Olivia Uribe Mutal, Program Manager
PUBLIC COMMENT ON CLOSED SESSION MATTERS
There was no public comment.
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1); Title: City Manager Dave Durflinger
TEMPORARY ADJOURNMENT TO CLOSED SESSION
Mayor Clark temporarily adjourned the meeting to Closed Session at 4:12 pm.
CALL TO ORDER
Mayor Clark called the meeting to order at 5:32 pm.
ROLL CALL
Councilmembers present: Councilmember Roy Lee
Councilmember Wade T. Nomura
Councilmember Mónica J. Solórzano
Vice Mayor Natalia Alarcon
City Council Regular Meeting Minutes
January 23, 2023
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
Mack Carlson, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City of
Carpinteria
Olivia Uribe Mutal, Program Manager
John L. Ilasin, Public Works Director
Licette Maldonado, Administrative Services Director
Steve Goggia, Community Development Director
Matt Roberts, Parks, Recreation and Public Facilities
Director
Michael Ramirez, Assistant City Manager
CLOSED SESSION REPORT
Legal Counsel Acos announced that there was no reportable action from the Closed Session.
PLEDGE OF ALLEGIANCE
Mayor Clark led those present in the salute to the flag.
AGENDA MODIFICATIONS: NONE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS
2. Proclamation Designating the Month of February 2023 as “Black History Month”.
There was no public comment.
Motion by Councilmember Nomura, seconded by Councilmember Lee, to approve the Proclamation Designating the Month of February 2023 as “Black History 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.
City Council Regular Meeting Minutes
January 23, 2023
There was no one present to receive the Proclamation.
3. Presentation of City Tile Commending and Thanking Planning Commissioner John Callender for 15 Years of Service on the Planning Commission.
Mr. Callender provided remarks.
Mayor Clark presented the City Tile to Mr. Callender.
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
City Manager Durflinger reported that the City flags were flying at half-staff based on President Biden’s proclamation as a mark of respect to the victims of the senseless shooting in Monterey Park on January 21, 2023.
Lieutenant Butch Arnoldi with the Santa Barbara County Sheriff’s Department provided an update on crime in the City and presented the 2022 year-end crime statistics.
CITY MANAGER’S REPORT
a. January Storm Cleanup Update
City Manager Durflinger, Public Works Director Ilasin, and Program Manager Uribe Mutal provided an update on the January Storm cleanup.
b. Carpinteria Skate Park Drone Video
City Manager Durflinger presented the video.
c. Introduction of New City Employees
Administrative Services Director Maldonado introduced Finance Manager Gilbert Punsalan and Public Works Director Ilasin introduced Engineering Technician Jesus Montiel.
d. Planning Commission Actions
City Manager Durflinger provided background on the placement of Planning Commission Actions on the Council agenda.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Rick Olmstead, Susan Mailheau, Mike Wondolowski, Andy Patrick, Susan Allen, and Michelle Carlen
City Council Regular Meeting Minutes
January 23, 2023
Emails distributed: Russell Ruiz
CONSENT CALENDAR:
There was no public comment.
Motion by Councilmember Lee, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 4 through 12. 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.
4. Approve the minutes of the regular meeting held January 9, 2023.
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:
City Council Regular Meeting Minutes
January 23, 2023
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.
Program Manager Uribe Mutal presented the staff report.
There was no public comment.
Motion by Councilmember Lee, seconded by Councilmember Nomura, to (1) 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; 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. 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.
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 City Council Regular Meeting Minutes
January 23, 2023
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.
Community Development Director Goggia presented the staff report and PowerPoint presentation.
Vice Mayor Alarcon suggested exploring if the City could come up with its own first time workforce housing program that would support the development of ADUs on citizen residences.
There was no public comment.
Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to adopt Ordinance No. 758 (second reading), and adopt Resolution No. 6187, and 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.
Councilmember Nomura recommended amending the motion to include read by title only.
Vice Mayor Alarcon amended the motion and Councilmember Nomura seconded the amended motion, to adopt Ordinance No. 758 (second reading), as read by title only, and adopt Resolution No. 6187, as read by title only, and 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. The roll call vote on the amended motion 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 23, 2023
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.) Community Development Director Goggia presented the staff report.
There was no public comment.
Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, 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. 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.
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.)
Public Works Director Ilasin presented the staff report and PowerPoint presentation.
Councilmember Solórzano requested advertising that Measure X dollars are being used on this project and showing what Measure X is doing for the community. Mayor Clark requested staff provide a presentation on the Measure X Fund at a future Council meeting. City Manager Durflinger noted that staff would return with an agenda matter at a future Council meeting.
City Council Regular Meeting Minutes
January 23, 2023
There was no public comment.
Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to (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. 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.
Mayor Clark recessed to a break at 7:37 pm and reconvened the meeting at 7:49 pm.
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:
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.
Parks, Recreation & Public Facilities Director Roberts presented the staff report and PowerPoint presentation.
Speakers in-person: Lorraine McIntire, Laura Lopez, Van Fleischer, Valerie Bentz, George Lehtinen, Dan Runhaar, Hal Price, Tom Truax, Phil Gilligan, Patricia Mickelson, Susan Allen, and Carolyn Friedman
Speakers via Zoom: Devon Tursick, Ryan Tursick, and Jackie Morris Emails distributed: Karen Sketch, Usha Atterbury, Carole Soden, Devon Tursick, Anonymous, and Mary Docter
City Council Regular Meeting Minutes
January 23, 2023
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to receive and file the report and assign the matter to the Public Facilities Site Acquisition / Development Committee and return with a report at the next Council meeting on February 13, 2023. 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.
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; (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.
City Manager Durflinger presented the staff report.
Speakers in-person: Fred Shaw
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, 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) Assign Councilmember and other representatives, as discussed in Table 2, to the newly created category of Appointees to Other Government Agencies.
City Council Regular Meeting Minutes
January 23, 2023
Committee New Representatives
Appointees to Other Government Agencies
Beach Erosion Authority for Clean Oceans and
Nourishment (BEACON)
Mónica Solórzano
(Alternate: Al Clark)
California Joint Powers Insurance Authority (CJPIA) Al Clark (Alternate: Natalia Alarcon)
Santa Barbara County Association of Governments
(SBCAG)
Al Clark
(Alternate: Wade Nomura)
Santa Barbara County Air Pollution Control District
(APCD)
Al Clark
(Alternate: Wade Nomura)
Central Coast Community Energy (3CE) Policy Board Wade Nomura Santa Barbara Mosquito and Vector Management
District
Joe Franken
Santa Barbara Metropolitan Transit District Mónica Solórzano (b) Assign Councilmember representatives, as discussed in Table 2, to the Regional Committees.
Committee New Representatives
Regional Committees
Channel Counties Division, League of California Cities Wade Nomura (Alternate: Natalia Alarcon)
Santa Barbara Joint Affordable Housing Task Group Natalia Alarcon Mónica Solórzano
Santa Barbara County Elected Leaders Forum to
Address Homelessness
Al Clark
(Alternate: Natalia Alarcon)
South Coast Youth Safety Partnership Mónica Solórzano
(Alternate: Roy Lee)
Multijurisdictional Solid Waste Task Group
Roy Lee
(Alternate: Natalia Alarcon)
(c) Assign Councilmember representatives, as discussed in Table 2, to the City’s Joint and Standing Committees.
Committee New Representatives
Joint and Standing Committees
City Council/Economic Vitality Committee Natalia Alarcon Roy Lee
City Council Regular Meeting Minutes
January 23, 2023
City Council/Public Safety Committee Al Clark
Wade Nomura
City Council/School Board Committee Roy Lee
Natalia Alarcon
City Council/Utilities Committee Roy Lee
Wade Nomura
City Council/First District Supervisor Committee Roy Lee Mónica Solórzano
City Council Finance/Budget Committee Natalia Alarcon
Al Clark
Transportation Committee Roy Lee
Al Clark
Development Review Committee (Joint Committee
membership from City Council, Planning Commission
and Architectural Review Board)
Al Clark and Wade Nomura
Planning Commission will
assign two representatives.
Architectural Review Board will
assign two representatives.
General Plan and Coastal Plan Update Committee
(Joint Committee membership from City Council and
Planning Commission)
Roy Lee and Al Clark
Planning Commission will
assign two representatives.
Public Facility Site Acquisition/Development
Committee
Al Clark
Wade Nomura
City Council Boards, Commissions and Committees
Interview Committee
Al Clark
Wade Nomura
(Alternate: Roy Lee)
(d) Assign Councilmember representatives, as discussed in Table 2, to the City’s Ad Hoc Committees.
Committee New Representatives
Ad Hoc Committees
COVID-19 Communications Committee Wade Nomura
Al Clark
Harbor Seal Advisory Committee Al Clark
Natalia Alarcon
Senior Services Planning Committee Roy Lee
Mónica Solórzano
Civic/Youth Engagement Committee Roy Lee
Wade Nomura
City Council Housing Element Committee Al Clark
Wade Nomura
Vice Mayor Alarcon requested that staff find out how alternates can attend the committees and add this information to the committee descriptions and Table 2 of the staff report.
City Council Regular Meeting Minutes
January 23, 2023
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.
19. Selection of Interview Questions for City Boards, Committees and Commissions.
Recommendation: Select interview questions for the City Boards, Committees and Commissions.
City Manager Durflinger presented the staff report and requested clarification on Council’s direction regarding how the recommendations of the City Council Boards, Commissions and Committee Interview Committee (sub-Committee) would get forwarded to the full Council.
The Council discussed the aspects of the process.
City Manager Durflinger summarized the process discussed by the Council as follows:
• Council will select the questions tonight
• The selected questions will be put into a survey form for applicants to fill out as an addendum to the application
• The sub-Committee will review the application forms and make recommendations to the full Council
• The full Council will have the benefit of having the sub-Committee’s recommendations and the applications with the responses to the survey
• The applicants can attend the Council meeting where the full City Council can have the opportunity to interview applicants before making the appointments to City Boards, Commissions and Committees
The Council was in agreement with City Manager Durflinger’s summary of the process.
The Council reviewed and added, deleted, and amended the presented interview questions as noted below and requested staff reorder the final list of questions and update the current City application to inquire if someone is an incumbent or not.
For any Board/Commission/Committee:
2. What skills and experience do you bring to make you a successful board/commission/committee member?
5. What ideas do you have to improve Carpinteria? (remove this question for Downtown “T” Business Board applicants)
City Council Regular Meeting Minutes
January 23, 2023
7. What would an effective tenure on this Board/Commission/Committee look like to you? How would you measure the group’s success?
8. In your opinion, what would the core duties be for a member of this Board/Commission/Committee?
9. How would you take an active role on this Board/Commission/Committee, both as a member of the larger group, and as an individual?
10. Can you give us an example of a time when you worked collaboratively with a team on a common goal?
For Downtown “T” Business Advisory Board:
18. What do you think the biggest challenges are right now for Downtown “T” businesses?
20. How would you work with local businesses to identify matters of improvement in the Downtown Business District?
For Library Advisory Commission:
22. How can the library better engage with underrepresented and/or underserved groups? As a Commission member, how would you address this issue?
23. What type of programs do you envision implemented at the Library? Please explain.
24. What type of strategies would you find effective to increase the use of the Library?
25. If you are appointed, do you have any suggestions for new funding opportunities? For Planning Commission:
29. What do you see as the future of Carpinteria?
32. What is your experience in reading architectural and landscape plans? Are you familiar with the City’s Land Use/Design Policies?
34. Are you aware that if appointed, you may have to read numerous staff reports and technical documents? Are you able to commit the time necessary to accomplish these?
For Architectural Review Board:
36. Describe your knowledge of the functions, regulations and procedures of the Architectural Review Board and the Neighborhood Design Guidelines.
37. Please describe your interests in design review and what you believe is the role of design review in this community.
39. Non-design professional candidates: Please describe your experience in reading site, building, floor and landscape plans.
For Mobile Home Park Rent Stabilization Board:
(Council added the following questions.)
What are the unique needs of Mobile Home Park tenants?
What experience do you have with rent stabilization?
For Carpinteria Open Space Management Advisory Board
41. Please describe your thoughts about balancing open space and conservation in our community.
City Council Regular Meeting Minutes
January 23, 2023
For Integrated Pest Management Advisory Committee
42. How familiar are you with integrated pest control management procedures?
43. How would you help guide a private citizen on integrated pest control management practices?
For Tree Advisory Board:
44. Are you knowledgeable in any of the areas listed below, if so please explain. a. Urban planning
b. Landscape architecture
c. Tree-related professionals (forestry professors, nursery operators, arborists, or other environmental civic activist)
d. Other horticulture activities, please explain.
Speakers in-person: Fred Shaw
Motion by Councilmember Nomura , seconded by Councilmember Solórzano, to select interview question nos. for City Boards, Committees and Commissions as discussed. The roll call vote was as follows:
AYES: Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon and Mayor Clark
NOES: Councilmember Lee
ABSENT: None
ABSTAIN None
The motion carried.
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 unit 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.
City Council Regular Meeting Minutes
January 23, 2023
Assistant City Manager Ramirez presented the staff report.
There was no public comment.
Motion by Councilmember Nomura, seconded by Councilmember Solórzano, to adopt Resolution No. 6190 and Resolution No. 6191, as read by title only, approving the MOU for the period of July 1, 2022 – June 30, 2027 between the CITY and SEIU Local 620; and approving a revised SEIU Represented Employees Classification and Compensation Schedule. 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.
LEGISLATIVE UPDATE: NONE
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Mayor Nomura spoke on the mass shooting of Chinese farmworkers in Half Moon Bay.
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the next regular Council meeting of February 13th.
ADJOURNMENT
Mayor Clark adjourned the meeting at 10:32 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria
City Council Minutes
Special Meeting (Annual Work Plan)
Monday, January 30, 2023
In-Person Meeting
CALL TO ORDER
Mayor Clark called the meeting to order at 4:15 pm.
ROLL CALL
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
Michael Ramirez, Assistant City Manager
Olivia Uribe Mutal, Program Manager
Licette Maldonado, Administrative Services Director
Steve Goggia, Community Development Director
John L. Ilasin, Public Works Director
Matt Roberts, Parks, Recreation & Public Facilities
Director
Amber Workman, Aquatics Superintendent
Brian C. Barrett, City Clerk
PUBLIC COMMENT WILL ONLY BE HEARD CONCERNING THE AGENDIZED ITEM BELOW
Speakers in-person: Several members of the public spoke throughout the meeting.
Emails distributed: Fred Shaw, Susan Mailheau, Donna Schroeder, Patrick O’Connor, and Russell Ruiz
CITY COUNCIL WORKSHOP
The City Council met for the following purpose:
Review and approval of the Annual Work Plan.
City Council Special Meeting (Annual Work Plan) Minutes January 30, 2023
Recommendation: Review and approve the Annual Work Plan for the 2023 calendar year.
City Manager Durflinger provided introductory remarks on the Annual Work Plan.
Assistant City Manager Ramirez and Program Manager Uribe Mutal presented programs from the General Government Department.
The City Council selected the following General Government programs as high priority:
• Active Adult/Senior Center
• Strategic Reorganization
• Youth Engagement
• Homeless Services
• Emergency Response Capacity Building
• City Staff & Elected Officials Training & Exercise
• Community Preparedness & Engagement
• Staff Recruitment & Retention
Administrative Services Director Maldonado presented programs from the Administrative Services Department.
The City Council selected the following Administrative Services programs as high priority:
• Business License and STR Enforcement Program
• Cost of Service Analysis
Mayor Clark recessed the meeting to a break at 6:00 pm and reconvened the meeting at 6:15 pm.
Community Development Director Goggia presented programs from the Community Development Department.
The City Council selected the following Community Development programs as high priority:
• Advanced Planning
• Design Standards and Guidance
• General/Coastal Plan & Comprehensive Zoning Code Update • Housing Element Update and Response to State Housing Legislation Public Works Director Ilasin presented programs from the Public Works Department.
The City Council selected the following Public Works programs as high priority:
• Community Broadband
• Capital Improvement: Strategic Priorities
City Council Special Meeting (Annual Work Plan) Minutes January 30, 2023
Parks, Recreation & Public Facilities Director Roberts presented programs from the Parks, Recreation & Public Facilities Department.
The City Council selected the following Parks, Recreation & Public Facilities programs as high priority:
• Off-Leash Dog Park / Pickle Ball Facility
• Maintenance/Storage Building
• Capital Improvement Strategic Priorities (elevating Library above others) • Department Staffing
The Council unanimously approved the Annual Work Plan including the selection of priorities as discussed for each City Department.
ADJOURNMENT
Mayor Clark adjourned the meeting at 8:04 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
February 13, 2023
ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning January 14, 2023 and ending February 03, 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 January 14, 2023 and ending February 03, 2023.
Warrant Register
February 13, 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: 01/14/2023 - 02/03/2023
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
INV0004391
CARP CITY DEC22 SERVICE
INV0004390
INV0004392
Vendor Name
Payable Type
ACCESS CONTROL SECURITY INC.
Invoice 01/19/2023
CALIFORNIA BUILDING STANDARDS COMMISS 01/19/2023 Regular Invoice 01/19/2023 FEE REMITTANCE FY23 (Q2 OCT-DEC2022)
CARPINTERIA VALLEY WATER DISTRICT
Invoice 01/19/2023
DEPARTMENT OF CONSERVATION
Invoice 01/19/2023
JODY THOMAS
Invoice
INV0004393
RENE SANTANA
Invoice 01/19/2023
INV0004394
SANTA BARBARA COUNTY SHERIFFS DEPT
Invoice 01/19/2023
MILLER CONSULTING GROUP
Invoice 01/19/2023
INV0004398
SEIU LOCAL 620
Invoice
INV0004399
INV0004395
INV0004396
INV0004397
Post Date
01/19/2023
01/26/2023
UNITED WAY OF SANTA BARBARA COUNTY
Invoice 01/26/2023
VANTAGEPOINT TRANSFER AGENTS - 457
Invoice 01/26/2023
Invoice
Invoice
01/26/2023
01/26/2023
INV0004403
903873
911568
960628
993883
INV0004406
INV0004405
LOWE'S
Invoice 01/26/2023
Invoice 01/26/2023
Invoice 01/26/2023
Invoice 01/26/2023
MANURAS GEORGE
Invoice 01/26/2023
MONICA SOLORZANO
Invoice 01/26/2023
INV0004404
INV0004407
INV0004436
INV0004437
INV0004438
INV0004439
INV0004440
SANTA BARBARA SWIM CLUB
Invoice 01/26/2023
UCSB ECONOMIC FORECAST PROJECT
Invoice 01/26/2023
CARPINTERIA SANITARY DISTRICT
Invoice 02/02/2023
CARPINTERIA VALLEY BAPTIST CHURCH
Invoice 02/02/2023
CONNECT SOLUTIONS ENGINEERING
Invoice 02/02/2023
Invoice 02/02/2023
FRANCISCAN REAL ESTATE LLC
Invoice 02/02/2023
GUARDIAN
Payment Date Payment Type
Payable Description
01/19/2023 Regular
SECURITY FOR VETS HALL EVENT 12/17/22
01/19/2023 Regular
DEC22-WATER FOR MULTIPLE LOCATIONS
01/19/2023 Regular
FEE REMITTANCE FY23 (Q2 OCT-DEC2022)
01/19/2023 Regular
REIMBURSEMENT FOR RUG & BOOKSHELF FOR LIBRARY
01/19/2023 Regular
VETS HALL CLEANING DEPOSIT REFUND 12/17 /22
01/19/2023 Regular
JAN23 CONTRACTED LAW ENFORCEMENT SERVICES
01/19/2023 Regular
MASTER MUNICIPAL CLERK ACADEMY REG. FOR CITY CLERK
01/26/2023
01/26/2023
Regular
Employee Union Dues Contribution
Regular
Employee United Way Contribution
01/26/2023 Regular
ICMA Employee Contributions
ICMA Employee Contributions
Deferred Compensation Contribution
CALIFORNIA REGIONAL WATER QUALITY CON- 01/26/2023 Regular Invoice 01/26/2023 EMERGENCY PERMIT FOR CARP CREEK REPAIR FROM STORM 01/26/2023 Regular
NUTS, BOLTS, MISC HARDWARE FOR FRONT LIBRARY SIGN
NUTS, BOLTS, MISC HARDWARE FOR HARBOR SEAL SIGN
SHELVING UNITS FOR STORAGE CONTAINERS
REPLACEMENT DOOR STOPPER FOR LIBRARY DOOR
01/26/2023 Regular
PLANNING DEPOSIT PROJECT CLOSE OUT
01/26/2023 Regular
MEAL PER DIEM-2023 SOCAL COUNCIL ACADEMY 02/01/23
01/26/2023 Regular
SBSC SWIM MEET ENTRY FEES 01/28/23-01/29/23
01/26/2023 Regular
2023 UCSB SB COUNTY ECONOMIC FORECAST SPONSORSHIP
02/02/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
02/02/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
02/02/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
ENGINEERING PERMIT PROJECT CLOSE OUT
02/02/2023 Regular
PLANNING PERMIT PROJECT CLOSE OUT
Payment Amount Number
276.38 101525
285.30 101526
12,454.13 101527
1,736.27 101528
2,274.56 101529
287.62 101530
421,415.00 101531
1,S75.00 101532
215.92 101533
24.00 101534
4,963.06 101535
2,734.00
02/02/2023
3,127.19
101536
101537
Regular
703.43 101538
200.20 101539
719.50 101540
1,400.00 101541
8,219.29 101542
695.00 101543
974.84 101544
427.17 101545
8,175.98 101546
JAN23 PREMIUMS Invoice 01/31/2023 JAN23 PREMIUMS
HOTLINE CONSTRUCTION INC 02/02/2023 Regular 567.26 101547 INV0004453 Invoice 02/02/2023 ENGINEERING PERMIT PROJECT CLOSE OUT HOTLINE CONSTRUCTION INC 02/02/2023 Regular 375.65 101548 INV0004452 Invoice 02/02/2023 ENGINEERING PERMIT PROJECT CLOSE OUT MICHAEL ROGERS 02/02/2023 Regular 695.00 101549
INV0004443 Invoice 02/02/2023 ENGINEERING PERMIT PROJECT CLOSE OUT MISSIONSQUARE 02/02/2023 Regular 5,544.05 101550
INV0004454 Invoice 01/12/2023 ICMA Employee Contributions INV0004455 Invoice 01/12/2023 ICMA Employee Contributions INV0004456 Invoice 01/12/2023 Deferred Compensation Contribution PADRE ASSOCIATES INC 02/02/2023 Regular 1,180.19 101551 INV0004444 Invoice 02/02/2023 ENGINEERING PERMIT PROJECT CLOSE OUT ROADWAY CONSTRUCTION SERVICES 02/02/2023 Regular 343.71 101552 INV0004445 Invoice 02/02/2023 ENGINEERING PERMIT PROJECT CLOSE OUT SILVEIRA TRANSPORT 02/02/2023 Regular 180.00 101553
INV0004450 Invoice 02/02/2023 SILVEIRA TRANSPORT
SOUTHWEST CONCRETE COAST COMPANY 02/02/2023 Regular 960.00 101554 INV0004447 Invoice 02/02/2023 ENGINEERING PERMIT PROJECT CLOSE OUT SUP DESIGN GROUP LLC 02/02/2023 Regular 982.26 101555
INV0004448 Invoice 02/02/2023 ENGINEERING PERMIT PROJECT CLOSE OUT T3 CONSTRUCTION 02/02/2023 Regular 645.94 101556
INV0004449 Invoice 02/02/2023 ENGINEERING PERMIT PROJECT CLOSE OUT WEX BANK (76) 02/02/2023 Regular 515.54 101557
87035927 Invoice 02/02/2023 JAN23 FUEL FOR CITY VEHICLES ALICE WISSING 01/19/2023 Virtual Payment 420.00 APA001207 01/02/23 Invoice 01/19/2023 MINUTES FOR PLANNING COMMISSION MEETING 12/05/22 ANIMAL MEDICAL CLINIC 01/19/2023 Virtual Payment 1,570.00 APA001208 323095 Invoice 01/19/2023 DEC22 EMERGENCY OUT OF CONTRACT VET SERVICES 323364 Invoice 01/19/2023 DEC22 DOG LICENSING ISSUANCE
323366 Invoice 01/19/2023 DEC22 CONTRACTED VET SERVICES A-OK POWER EQUIPMENT 01/19/2023 Virtual Payment 445.86 APA001209 682805 Invoice 01/19/2023 NEW ELECTRIC CHAIN SAW REPLACMENT FOR PW AT&T MOBILITY 01/19/2023 Virtual Payment 408.29 APA001210 287303896883X01102023 Invoice 01/19/2023 CITY HALL MONTHLY CELL PHONE BILL-DECEMBER 2022 CARPINTERIA VALLEY LUMBER CO 01/19/2023 Virtual Payment 932.12 APA001211 492648 Invoice 01/19/2023 CONCRETE MIX FOR POOL PLATFORM REPAIR 495404 Invoice 01/19/2023 WORKING GLOVES AND BROOM FOR PW 495531 Invoice 01/19/2023 ANT BAIT TRAPS & GRANITE BITS 495656 Invoice 01/19/2023 MISC HARDWARE FOR POOL REPAIR 495657 Invoice 01/19/2023 BATTERY'S FOR PW SHOP TERMOMETER CONTROL 495761 Invoice 01/19/2023 TARP FOR HAY BAILS AT HOLIDAY PARADE 495799 Invoice 01/19/2023 LOW VOLTAGE BOX, LAMPHOLD FOR TRAIN PLATFORM LIGHT 495886 Invoice 01/19/2023 TRASH GRABBER TOOL FOR DONWTOWN T 495944 Invoice 01/19/2023 CO UTILITY PULL FOR PW YARD
496164 Invoice 01/19/2023 FIR WOODEN STAKES FOR GARDEN
496165 Invoice 01/19/2023 FIR WOODEN STAKES FOR GARDEN
496654 Invoice 01/19/2023 PARACORDS & TARPS
496664 Invoice 01/19/2023 PW SHOP STOCK SUPPLY OF ROPE & WOOD FILLER 496819 Invoice 01/19/2023 PAINT FOR AMTRAK X 9TH STREET RESTROOMS 497120 Invoice 01/19/2023 POP UP ROD & MISC HARDWARE FOR POOL REPAIR 497225 Invoice 01/19/2023 GARDEN HOSE
A30107 Credit Memo 01/19/2023 CREDIT FOR OVERPAYMENT TO INVOICE #496165 COASTAL VIEW NEWS 01/19/2023 Virtual Payment 517.00 APA001212 59365 Invoice 01/19/2023 NOTICE OF PUBLIC HEARING ADVERTISING 12/22/22 59382 Invoice 01/19/2023 NOTICE OF BOARD VACANCIES ADVERTISING 12/29/22 COX BUSINESS 01/19/2023 Virtual Payment 135.99 APA001213 JAN23 001 3011 028450702 Invoice 01/19/2023 JAN23-VETS HALL INTERNET SERVICES CPS HR CONSULTING 01/19/2023 Virtual Payment 3,178.75 APA001214 0008293 Invoice 01/19/2023 NOV22 HR RESOURCE SUPPORT
2 EVERYWHERE RIGHT NOW 01/19/2023 Virtual Payment 980.00 APA001215 3370 Invoice 01/19/2023 DEC22 WEBSITE PROGRAMMING FOR CITY WEBSITE FRONTIER COMMUNICATIONS 01/19/2023 Virtual Payment 319.11 APA001216 JAN23 805-684-4314-063022-5 Invoice 01/19/2023 PHONE & INTERNET SERVICES FOR LIBRARY JAN23 805-684-7613-042205-5 Invoice 01/19/2023 PHONE & INTERNET SERVICES FOR LG TOWER & BOATHOUSE GRACE NOTE 01/19/2023 Virtual Payment 73.45 APA001217
9747096057 Invoice 01/19/2023 JAN23 LISTING DISTRIBUTION SERVICES-GATV HINDERLITER DE LLAMAS 01/19/2023 Virtual Payment 994.27 APA001218 SIN021071 Invoice 01/19/2023 CONTRACT & AUDIT SERVICES-SALES TAX Q2 2022 IMPULSE ADVANCE COMMUNICATIONS 01/19/2023 Virtual Payment 1,650.47 APA001219 98856 Invoice 01/19/2023 JANUARY 2023 PHONE SERVICES STATEMENT MISSION UNIFORM SERVICE 01/19/2023 Virtual Payment 819.93 APA001220 518246418 Invoice 01/19/2023 TOWEL & MAT REPLACEMENT AT CITY HALL 11/28/22 518263333 Invoice 01/19/2023 MAT REPLACEMENT, UNIFORM CLEANING 11/28/22 518263334 Invoice 01/19/2023 TOWEL & MAT REPLACEMENT AT CITY HALL 11/28/22 518306622 Invoice 01/19/2023 MAT REPLACEMENT, UNIFORM CLEANING 12/05/22 518306623 Invoice 01/19/2023 TOWEL & MAT REPLACEMENT AT CITY HALL 12/05/22 518350173 Invoice 01/19/2023 MAT REPLACEMENT, UNIFORM CLEANING 12/12/22 518350174 Invoice 01/19/2023 TOWEL & MAT REPLACEMENT AT CITY HALL 12/12/22 518394956 Invoice 01/19/2023 TOWEL & MAT REPLACEMENT AT CITY HALL 12/19/22 518432626 Invoice 01/19/2023 TOWEL & MAT REPLACEMENT AT CITY HALL 12/26/23 518478564 Invoice 01/19/2023 TOWEL & MAT REPLACEMENT AT CITY HALL 01/02/23 MRS ENVIRONMENTAL INC 01/19/2023 Virtual Payment 28,925.00 APA001221 600-2022-11 Invoice 01/19/2023 DEC22 OIL & GAS ON CALL ENVIRONMENTAL SERVICES OPTONY INC. 01/19/2023 Virtual Payment 1,325.00 APA001222 225222 Invoice 01/19/2023 DEC22 PROJECT SERV FOR CITY HALL SOLAR ENERGY POLICORE INC. 01/19/2023 Virtual Payment 7,350.00 APA001223 402905 Invoice 01/19/2023 IT SERVICES FOR CITY HALL DECEMBER 2022 402906 Invoice 01/19/2023 IT SERVICES FOR LIBRARY DECEMBER 2022 402907 Invoice 01/19/2023 IT SERVICES FOR POOL SEPTEMBER 2022 402908 Invoice 01/19/2023 IT SERVICES FOR POOL OCTOBER-NOVEMBER 2022 402909 Invoice 01/19/2023 IT SERVICES FOR POOL DECEMBER 2022 SO CA EDISON 01/19/2023 Virtual Payment 16.61 APA001224 JAN23 700474689651 Invoice 01/19/2023 ELECTRICITY-4683 9TH ST SOLID WASTE SOLUTIONS INC 01/19/2023 Virtual Payment 407.25 APA001225 197 Invoice 01/19/2023 SB1383 GREENWASTE & ANNUAL REPORT PREP SERVICES SUN COAST RENTALS 01/19/2023 Virtual Payment 519.76 APA001226 55228 Invoice 01/19/2023 SCISSORLIFT WORK PLATFORM FOR POOL REPAIRS 55475 Invoice 01/19/2023 FORKLIFT RENTAL FOR HOLIDAY PARADE THE WHARF 01/19/2023 Virtual Payment 638.81 APA001227
429349 Invoice 01/19/2023 BOOTS & HAT FORT. GRAY
429368 Invoice 01/19/2023 RAIN JACKET, RAIN BOOTS & RAIN HAT FOR R. AISPURO 429375 Invoice 01/19/2023 HAT & COAT FOR M. GONZALEZ
CM0000260 Credit Memo 01/19/2023 CREDIT FOR OVERPAYMENT OF PW SUPERVISOR BOOTS THOMSON REUTERS 01/19/2023 Virtual Payment 173.12 APA001228 847593709 Invoice 01/19/2023 DEC22 WEST INFORMATION CHARGES TRI-CO REPROGRAPHICS 01/19/2023 Virtual Payment 747.94 APA001229 170292 Invoice 01/19/2023 DIGITIZING BUILDING PERMITS-1458 CAMELIA CIRCLE 170293 Invoice 01/19/2023 DIGITIZING BUILDING PERMITS-4835 CARPINTERIA AVE 170294 Invoice 01/19/2023 DIGITIZING BUILDING PERMITS-6395 CINDY LANE 170295 Invoice 01/19/2023 DIGITIZING BUILDING PERMITS-1329 POST AVE 170633 Invoice 01/19/2023 DIGITIZING BUILDING PERMITS-700 LINDEN AVENUE 170641 Invoice 01/19/2023 DIGITIZING BUILDING PERMITS-700 LINDEN AVENUE 170642 Invoice 01/19/2023 DIGITIZING BUILDING PERMITS-761 OLIVE AVENUE 170643 Invoice 01/19/2023 DIGITIZING BUILDING PERMITS-5530 CALLE JON 170990 Invoice 01/19/2023 DIGITIZING BUILDING PERMITS-VIA REAL STORM WATER 171221 Invoice 01/19/2023 DIGITIZING BUILDING PERMITS-5480 HALES LANE VILLAGE POOL SUPPLY 01/19/2023 Virtual Payment 356.48 APA001230 45102 Invoice 01/19/2023 CHEMICALS FOR POOL 12/21/22
WALKER CONSULTANTS 01/19/2023 Virtual Payment 4,698.25 APA001231 37009509003 Invoice 01/19/2023 DEC22 PROFESSIONAL SERVICES FOR DOWNTOWN PMP 37009621003 Invoice 01/19/2023 DEC22 SERVICES FOR PARKING CONDITIONS BY BEACH 3 WSP USA ENVIRONMENT & INFRASTRUCTURE 01/19/2023 Virtual Payment 1,269.90 APA001232 558583902 Invoice 01/19/2023 DUNE & SHORELINE PROJECT SERVICES THROUGH 11/25/22 ALL LANGUAGES INTERPRETING & TRANSLATI 01/26/2023 Virtual Payment 2,990.00 APA001233 29238 Invoice 01/26/2023 2 SPANISH INTERPRETERS FOR COUNCIL MEETINGll/14/22 29254 Invoice 01/26/2023 2 SPANISH INTERPRETERS FOR COUNCIL MEETINGll/28/22 29266 Invoice 01/26/2023 2 SPANISH INTERPRETERS FOR COUNCIL MEETING12/12/22 29274 Invoice 01/26/2023 2 SPANISH INTERPRETERS FOR COUNCIL MEETING12/19/22 ASBURY ENVIRONMENTAL SVCS 01/26/2023 Virtual Payment 95.00 APA001234 1500-00889545 Invoice 01/26/2023 DISPOSAL OF OIL/MIXED OILS-12/16/22 BLACK GOLD COOPERATIVE LIBRARY SYSTEM 01/26/2023 Virtual Payment 12,332.00 APA001235 23-350 Invoice 01/26/2023 FY22-23 3RD QUARTER CONTRIBUTION, HOOPLA & HOTSPOT CANNON 01/26/2023 Virtual Payment 3,250.19 APA001236
82970 Invoice 01/26/2023 DEC22 PLAN CHECKS FOR 700 LINDEN AVENUE CANON FINANCIAL SERVICES INC 01/26/2023 Virtual Payment 1,249.52 APA001237 29832078 Invoice 01/26/2023 JAN23 CHARGES FOR CANON 5760 & CANON B&W 6275 CIVICPLUS 01/26/2023 Virtual Payment 600.20 APA001238
251283 Invoice 01/26/2023 DEC22 MUNICIPAL CODE UPDATE PAGES COASTAL VIEW NEWS 01/26/2023 Virtual Payment 513.00 APA001239 59385 Invoice 01/26/2023 ADU/JR ADU STATUS REPORT ADVERTISING 01/05/23 59463 Invoice 01/26/2023 ANNUAL WORK PLAN MEETING ADVERTISING 01/19/23 COX BUSINESS 01/26/2023 Virtual Payment 350.06 APA001240 JAN23 001 3011 028030701 Invoice 01/26/2023 JAN23-COMMUNITY POOL INTERNET & PHONE SERVICES EASY LIFT TRANSPORTATION 01/26/2023 Virtual Payment 1,000.00 APA001241 7318 Invoice 01/26/2023 JAN23 COMMUNITY TRANSPORTATION SERVICES HOME DEPOT CREDIT SERVICES 01/26/2023 Virtual Payment 610.81 APA001242 7545127 Invoice 01/26/2023 HOLIDAY WREATH FOR CITY HALL 8373707 Invoice 01/26/2023 EPOXY CARTRIDGE FOR PUBLIC WORKS SHOP 8927814 Invoice 01/26/2023 HIGH STRENGTH EPOXY FOR PW SHOP JHD PLANNING LLC 01/26/2023 Virtual Payment 43,200.00 APA001243 01/01/23 Invoice 01/26/2023 2023-2031 HOUSING ELEMENT SERVICES FROM JUL-DEC22 SANTA BARBARA SAND & TOP SOIL CORP 01/26/2023 Virtual Payment 1,950.89 APA001244 192635 Invoice 01/26/2023 SAND FOR SANDBAGS FOR 2023 JANUARY STORM 192637 Invoice 01/26/2023 SAND FOR SANDBAGS FOR 2023 JANUARY STORM 192650 Invoice 01/26/2023 SAND FOR SANDBAGS FOR 2023 JANUARY STORM SO CA EDISON 01/26/2023 Virtual Payment 46.35 APA001245 JAN23 700163777874 Invoice 01/26/2023 ELECTRICITY-6145 CARPINTERIA AVENUE STAPLES ADVANTAGE 01/26/2023 Virtual Payment 110.76 APA001246 3525903001 Invoice 01/26/2023 2023 CALENDARS FOR CITY HALL STAFF 3525972719 Invoice 01/26/2023 2022 W-2 FORMS
3526032968 Invoice 01/26/2023 2022 W-2, W-3 & 1099 FORMS TKM ENGINEERING 01/26/2023 Virtual Payment 6,190.00 APA001247 1150 Invoice 01/26/2023 DEC22 ENGINEERING SERVICES FOR CARP BLUFFS 1151 Invoice 01/26/2023 DEC22 ENGINEERING SERVICES FOR CARP BLUFFS 1152 Invoice 01/26/2023 DEC22 TRAFFIC ENGINEER STAFF AUGMENTATION 1153 Invoice 01/26/2023 DEC22 TRAFFIC SIGNAL TIMING SERVICES TWO TRUMPETS COMMUNICATIONS 01/26/2023 Virtual Payment 5,550.00 APA001248 1279 Invoice 01/26/2023 DEC22 COMMUNICATIONS SERVICES
WSP USA ENVIRONMENT & INFRASTRUCTURE 01/26/2023 Virtual Payment 1,005.00 APA001249 558583903 Invoice 01/26/2023 LOCAL HAZARD MITIGATION PLAN THROUGH 11/25/22 ADRIAN GONZALEZ 02/02/2023 Virtual Payment 300.00 APA001250 INV0004435 Invoice 02/02/2023 VETS HALL DEPOSIT REFUND-CANCELLED EVENT 2/11/23 BIG GREEN CLEANING COMPANY 02/02/2023 Virtual Payment 8,571.00 APA001251 616299 Credit Memo 02/02/2023 DEC22 CREDIT FOR CLOSURE AT POOL 12/19-1/2/23 616527 Invoice 02/02/2023 JAN23 CONTRACTED JANITORIAL SERVICES-POOL 616528 Invoice 02/02/2023 JAN23 CONTRACTED CLEANING SERVICE-LIBRARY 616562 Invoice 02/02/2023 JAN23 CONTRACTED CLEANING SERVICES-5103 CARP AVE 616563 Invoice 02/02/2023 JAN23 CONTRACTED CLEANING SERVICE-CITY & VETS HALL 617477 Invoice 02/02/2023 DEC22 COMMUNITY POOL PRESSURE WASH/SCRUB EXTERIOR 617484 Invoice 02/02/2023 PARK CLEANUP VIA REAL@ POPLAR ST DUE TO HOMELESS CAL-COAST MACHINERY INC 02/02/2023 Virtual Payment 3,015.02 APA001252 4 789677 Credit Memo 02/02/2023 CREDIT FOR RETURN OF ITEMS FOR UNIT IIB-1 REPAIR 799036 Invoice 02/02/2023 WD400 CANOPY FOR UNIT 11326
799166 Invoice 02/02/2023 OIL FILTER, AIR FILTER, HYD FILTER FOR UNIT IIB2 799626 Invoice 02/02/2023 WATER PUMP FOR TRACTOR UNIT IIB2 801833 Invoice 02/02/2023 WATER PUMP PARTS FOR TRACTOR UNIT I/Bl CANNON 02/02/2023 Virtual Payment 870.00 APA001253
83014 Invoice 02/02/2023 DEC22 PETROLEUM PIPELINE ABANDONMENT 83026 Invoice 02/02/2023 DEC22 PLAN CHECKS FOR FAITH LUTHERAN CHURCH CARPINTERIA VALLEY ROOFING INC. 02/02/2023 Virtual Payment 1,225.00 APA001254 INV0004430 Invoice 02/02/2023 CITY HALL ROOF REPAIR
INV0004431 Invoice 02/02/2023 LEAK REPAIR AT COMMUNITY POOL 1/18/23 COASTAL VIEW NEWS 02/02/2023 Virtual Payment 87.00 APA001255 59447 Invoice 02/02/2023 SUMMARY OF PROP. ORDINANCE 11762 AD 01/12/23 DEWBERRY ENGINEERS INC. 02/02/2023 Virtual Payment 1,291.06 APA001256 2228097 Invoice 02/02/2023 DEC22 SERVICES FOR CARP AVE BRIDGE PROJECT DUDEK 02/02/2023 Virtual Payment 1,240.00 APA001257
202211342 Invoice 02/02/2023 DEC22 ENVIRONMENTAL SERVICES FOR RINCON MULTI-USE GEOSYNTEC CONSULTANTS 02/02/2023 Virtual Payment 3,363.98 APA001258 496520 Invoice 02/02/2023 CARP VIA REAL DESIGNS SERVICES THROUGH 12/31/22 INFOARMOR INC 02/02/2023 Virtual Payment 53.85 APA001259 6456DEC22 Invoice 02/02/2023 DEC22 INDENTITY THEFT EMPLOYEE PREMIUMS JAYNE DIAZ 02/02/2023 Virtual Payment 691.61 APA001260
INV0004432 Invoice 02/02/2023 FEB22 MEDICAL REIMBURSEMENT JUAN O'S MOBILE REPAIR 02/02/2023 Virtual Payment 2,980.00 APA001261 1570 Invoice. 02/02/2023 BEACH TRACTOR STEERING RODS UNIT II Bl 1620 Invoice 02/02/2023 JOHN DEER UNIT II Bl MAINTENANCE & REPAIR LARRY DRIGGERS 02/02/2023 Virtual Payment 691.61 APA001262 INV0004433 Invoice 02/02/2023 FEB22 MEDICAL REIMBURSEMENT LIN CONSULTING INC. 02/02/2023 Virtual Payment 12,859.90 APA001263 14944 Invoice 02/02/2023 NOV22 DESIGN SERVICES FOR CIP PROJECTS MARY ANN COLSON 02/02/2023 Virtual Payment 691.61 APA001264 INV0004434 Invoice 02/02/2023 FEB22 MEDICAL REIMBURSEMENT ROCKWELL PRINTING 02/02/2023 Virtual Payment 255.37 APA001265 40727 Invoice 02/02/2023 TRUCK NUMBER DECALS FOR ALL CITY VEHICLES 41293 Invoice 02/02/2023 M45 RED INK REFILL
41295 Invoice 02/02/2023 CITY OF CARPINTERIA DATE STAMP RRM DESIGN GROUP 02/02/2023 Virtual Payment 6,440.00 APA001266 2277-02-1222 Invoice 02/02/2023 DEC22 DOWNTOWN DESIGN OVERLAY FOR ADU PROTOTYPES SANTA BARBARA PEST CONTROL 02/02/2023 Virtual Payment 95.00 APA001267 155574 Invoice 02/02/2023 JAN23 PEST CONTROL AT POOL
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PR02 01L26L23 Invoice 01/26/2023 PR02 01/26/23 SIT TAXES 6 City of Carpinteria
COUNCIL AGENDA STAFF REPORT
February 13, 2023
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6193, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.
STAFF RECOMMENDATION
Adopt Resolution No. 6193, 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. 6193, 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
February 13, 2023
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 decreased, staff recommends the Council reconsider the safety and procedural issues involved in holding teleconferenced meetings pursuant to AB 361 and adopt Resolution No. 6193, authorizing virtual or hybrid attendance of meetings through February 28, 2023, the date the State's coronavirus emergency declaration will expire.
Through February 2, 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 February 2, 2023 is 60.92, compared to 129.23 on January 12, 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 COVID-19 disease
1 .
AB 361, which amended Government Code Section 54953, will sunset on January 1, 2024. On September 13, 2022, the Governor signed into law Assembly Bill 2449 (AB 2449) which amends the Brown Act to allow members of a legislative body to teleconference under specified circumstances. AB 2449 is effective January 1, 2023 to January 1, 2026. Under AB 2449, if a quorum of the legislative body participates inperson from a single open and public location that is identified on the agenda, the other members may participate remotely for "just cause" or in "emergency circumstances" without having to comply with the traditional Brown Act teleconferencing rules. "Just cause" is identified as any of the following: (i) providing childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely; (ii) a contagious illness that prevents a member from attending in-person; (iii) a need related to a physical or mental disability as defined by statute; or (iv) travel while on official business of the legislative body. Teleconferencing for the "just cause" reason may not be used more than two meetings per calendar year. 1 Health Officials AB 361 Social Distance Recommendation Issued on September 1, 2022 by the Santa Barbara County Public Health Department (See Exhibit 1 of attached Resolution No. 6193).
G:\FI DELA \CITY COUNCIL \STAFF REPORT\2023\02-13-23\AB 361 \Staff Report. docx AB 361 Findings - Remote Teleconference Meetings
February 13, 2023
"Emergency circumstances" is defined as a physical or family medical emergency that prevents a member from attending in-person. The teleconferencing member must make a request that the legislative body approve an "emergency circumstances" reason for attending the meeting remotely, which must be agendized and approved by a majority vote.
Regardless of which reason is raised, teleconferencing members must participate through both audio and visual technology and they must publicly disclose at the meeting before any action is taken, whether any other individuals 18 years or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individuals. In addition, if there is a disruption that prevents the broadcasting of the meeting to members of the public using a call-in option or internet-based service option, the meeting must be paused until the meeting is broadcast again. Teleconferencing may not be used for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year.
The City Council adopted Resolution No. 6142 on June 27, 2022, Resolution No. 6149 on July 25, 2022, Resolution No. 6155 on August 15, 2022, Resolution No. 6159 on September 12, 2022, 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, Resolution No. 6185 on January 9, 2023, and Resolution No. 6188 on January 23, 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.
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. 6193 would require meetings to be held only in person under traditional Brown Act parameters. Adopting the Resolution would give the City G:\FIDELA\CITY COUNCIL\STAFF REPORT\2023\02-13-23\AB 361\Staff Report.docx AB 361 Findings - Remote Teleconference Meetings
February 13, 2023
Page4
flexibility as it moves forward with meetings through February 28, 2023, the date the State's coronavirus emergency declaration will expire.
OPTIONS
1. Adopt Resolution No. 6193, authorizing remote teleconference meetings of the City Council and Boards, Committees, and Commissions.
2. Decline to adopt Resolution No. 6193. 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. 6193
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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G:\FIDELA\CITY COUNCIL\STAFF REPORT\2023\02-13-23\AB 361\Staff Report.docx AB 361 Findings - Remote Teleconference Meetings
February 13, 2023
ATTACHMENT A
Resolution No. 6193
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2023\02-13-23\AB 361\Staff Report.docx AB 361 Findings - Remote Teleconference Meetings
February 13, 2023
THIS PAGE INTENTIONALLY LEFT BLANK
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2023\02-13-23\AB 361\Staff Report.docx RESOLUTION NO. 6193
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 February 2, 2023, according to the Centers for Disease Control and Prevention; and
Resolution No. 6193
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, Resolution No. 6185 on January 9, 2023, and Resolution No. 6188 on January 23, 2023 authorizing remote teleconference meetings of the City Council and Boards, Committees, and Commissions; and WHEREAS, in the interest of public health and safety, and in response to the local recommendation for measures to promote social distancing, the City Council finds it necessary to invoke the provisions of Government Code Section 54953 related to teleconferencing; and
WHEREAS, the City Council has reconsidered the circumstances of the State of Emergency declared by Governor Newsom and finds that the State of Emergency continues to warrant the option of teleconferencing for the City Council and Boards, Committees, and Commissions.
WHEREAS, The State of Emergency continues to directly impact the ability of City officials and the public to meet safely in person, in part due to the small size and enclosed nature of the City Council chambers, which function to limit the available space for effective social distancing.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct and are adopted as findings in support of this Resolution.
SECTION 2. Based on current conditions that are the basis for the above findings, conduct of all meetings of the City Council, City Council Committees, and City Boards, Commissions, and Committees pursuant to the modified teleconference procedures of Government Code Section 54953, is authorized through February 28, 2023, the date the State's coronavirus emergency declaration will expire.
SECTION 3. This resolution shall be effective immediately upon adoption.
SECTION 4. 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.
Resolution No. 6193
PASSED, APPROVED AND ADOPTED on the 13th day of February, 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, 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 February 13, 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
Resolution No. 6193
Page4
EXHIBIT 1 TO RESOLUTION NO. 6193
Santa Barbara County
PueucHealth
DEPARTMENT
Public Health Administration
300 North San Antonio Road • Santa Barbara, CA 93110-1316 805/681-5100 • FAX 805/681-5191
Denial LB. Nielson, MPA Interim Director
Suzanne Jacobson, CPA Chief Financial Officer
Paige Ballon, MA, PHN, RN Deputy Director
Darrin Eisenbarth Deputy Director
Dano Gamble, LCSW Deputy Director
HennlnC Ansorg, MD Health Dfflcer
September 1, 2022
HEALTH OFFICIALS AB 361 SOCIAL DISTANCE
RECOMMENDATION
COVID-19 disease prevention measures, endorsed by the Centers for Disease Control and Prevention, include vaccinations, facial coverings, increased indoor ventilation, handwashing, and physical distancing (particularly indoors).
Since March 2020, local legislative bodies-such as commissions, committees, boards, and councils- have successfully held public meetings with teleconferencing as authorized by Executive Orders issued by the Governor. Using technology to allow for virtual participation in public meetings is a social distancing measure that may help control transmission of the SARS- Co V-2 virus.
Public meetings bring together many individuals (both vaccinated and potentially unvaccinated), from multiple households, in a single indoor space for an extended time. For those at increased risk for infection, or subject to an isolation or quarantine order, teleconferencing allows for full participation in public meetings, while protecting themselves and others from the COVID-19 virus.
Utilizing teleconferencing options for public meetings is an effective and recommended social distancing measure to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 disease. This recommendation is further intended to satisfy the requirement of the Brown Act (specifically Gov't Code Section 54953(e)(l)(A)), which allows local legislative bodies in the County of Santa Barbara to use certain available teleconferencing options set forth in the Brown Act.
Henning Ansor
Public Health O r
County of Santa Barbara
~~,;/4e,;J,51,s ' t.'1-111
~ oanil Nielsbn,MPA
Public Health Interim Director
County of Santa Barbara
Healthy people, healthy community, healthy environment.
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
February 13, 2023
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6194, 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 environment.
Sample Motion: I move to:
Adopt Resolution No. 6194, 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 California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(5) of the CEQA Guidelines, because the actions consist of organizational or administrative Ratification of Emergency Proclamation
February 13, 2023
2 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.
Following the storm emergency work was determined to be necessary at two locations in the Carpinteria area:
G:\Olivia\Staff Reports\Staff Report - Feb 13 - Extension of Declaration of Emergency - January 9-10 Storm Incident. docx
Ratification of Emergency Proclamation
February 13, 2023
3 • 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 the current estimated end date is March 2, 2023 with final clean up on March 3, 2023.
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 City Council extended the proclamation of a local emergency by adoption of Resolution No. 6189, at its regular meeting on January 23, 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
G:\Olivia\Staff Reports\Staff Report - Feb 13 - Extension of Declaration of Emergency - January 9-10 Storm lncident.docx
Ratification of Emergency Proclamation
February 13, 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. 6194, extending a proclamation of local emergency.
B. Propose amendments to Resolution Nos. 6194.
C. Decline to adopt Resolution No. 6194.
ATTACHMENTS
A. Resolution No. 6189
B. Resolution No. 6186
C. Resolution No. 6194
Staff Contact: Olivia Uribe-Mutal
(805) 755-4401, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\Olivia\Staff Reports\Staff Report - Feb 13 - Extension of Declaration of Emergency - January 9-10 Storm Incident. 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
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):
Lee, Nomura, Solorzano, Alarcon, Clark
None
None
None
Mayor, City of Carpinteria
Resolution No. 6189
ATTEST:
bBrianG. Bu
arr
~
ett(C
~
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 23, 2023 ~rianC.Barre;;;:
tt, civl~ c, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
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
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:
/
~
BrianC.Barr
~
ett, C
~
MC, CPMC
City Clerk, City of Carpinteria
Resolution No. 6186
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. Barr
~
ett, t
~
MC, CPMC,
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
ATTACHMENT C
RESOLUTION NO. 6194
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, on January 23, 2023, the City Council of the City of Carpinteria adopted Resolution No. 6189, extending the local emergency proclamation 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 Resolution No. 6194
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
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 13th day of February, 2023, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
Resolution No. 6194
ATTEST:
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on February 13, 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
City of Carpinteria
Cour.rcn- Aceuoe Srnrr Reponr
February 13,2023
ITEM FOR COUNCIL CONSIDERATION
Closeout of 2022 Pavement Maintenance Project
STAFF RECOMMENDATION
Authorize the Mayor to sign the Closeout Agreement and Release of Claims for the 2022 Pavement Maintenance Project with Onyx Paving Company, lnc.
Sample Motion: I move to authorize the Mayor to sign the Closeout Agreement and Release of Claims for the 2022 Pavement Maintenance Project with Onyx Paving Company, lnc. (Ihis motion requires a roll callvote.)
BACKGROUND
On March 28,2022, the City Council authorized staff to advertise the Notice lnviting Bids for the 2022 Pavement Maintenance Project for construction. On May 23,2022, the City Council awarded the construction contract to Onyx Paving Company, lnc. in the Total Base Bid amount of $848,000. On May 31 ,2022, the Notice of Award was issued to Onyx Paving Company, lnc. in order to begin the process of executing the construction contract including furnishing the required performance bond, payment bond, and certificates of insurance and insurance endorsements. Staff confirmed the construction contract was fully executed and issued the Notice to Proceed to Onyx Paving Company, lnc. for starting construction on June 27,2022.
The purpose of this agenda matter is for the City Council to authorize the Mayor to sign the Closeout Agreement and Release of Claims for the 2022 Pavement Maintenance Project with Onyx Paving Company, lnc.
DISCUSSION
The general scope of work of the 2022 Pavement Maintenance Project consisted of crack treatment, asphalt concrete pavement replacements, and the application of microsurfacing. The following list shows the street locations of the project:
Street Name Limit Limit
Ash Avenue Seventh Street Fifth Street
Closeout of 2022 Pavement Maintenance project
February 13,2023
Page2
Those street names labeled with the word, "intersection," means the limit of the pavement work included the entire street intersection. A location map is shown in Attachment A. The improvements are intended to rejuvenate the existing asphalt concrete pavement surface and increase the pavement condition rating.
During the course of construction, the following contract changes orders were directed by the Public Works Director:
Change Order Number Brief Description Cost
1 Balancing Contract Change Order $23,867
The Balancing Contract Change accounts for any increases and decreases in quantity of bid items for the final amount of work. The Balancing Contract Change also accounts for extra work and eliminated work.
The list of extra work is shown as follows:
Extra Work
The list of eliminated work is shown as follows
Eliminated Work
Calle Arena Calle Ocho Concha Loma Drive
Eighth Street Elm Avenue Holly Avenue
Fifth Street Holly Avenue Ash Avenue
Holly Avenue Fourth Street Dorrance Wav
Holly Avenue Dorrance Way Third Street intersection
Holly Avenue Third Street intersection Sandyland Road
Holly Avenue Sandyland Road End
Limu Drive Malibu Drive Nipomo Drive
Linhere Drive Malibu Drive Nipomo Drive
Ninth Street East end Seventh Street
Ogan Road Casitas Pass Road El Portal Street intersection Ogan Road El Portal Street intersection Vallecito Road intersection Ogan Road Vallecito Road intersection Roundabout
facific Village Drive West end Ogan Road
Reynolds Avenue Carpinteria Avenue Seventh Street
Tomol Drive Malibu Drive Nipomo Drive
. Crack treat and seal rki lot- El Carro Monte Vista Pa and Viola Fields o Crack treat and seal Canalino Drive
oF seal halt concrete dike cu rb Concha Loma Drive le Ocho to Calle Arena O EI mtn ate crack treatment, asphaIt concrete paveme
mtcrosu rfacin Rose Lane
1 nt replacements and
1. The existin g pavement condition warrants rehabilitation Closeout of 2022 Pavement Maintenance Project
February 13,2023
The Public Works Director finds the work as being in conformance with the contract documents and determined the construction was completed on December 1, 2022.
Therefore, staff recommends for the City Council to authorize the Mayor to sign the Closeout Agreement and Release of Claims as shown as Attachment B.
POLICY CONSISTENCY
The recommendation is consistent with many goals, objectives, and policies in the Circulation Element of the General Plan and Local Coastal Plan including establishing and maintaining a roadway system capable of providing for the safe and efficient movement of goods and people through the community.
FINANCIAL CONSIDERATIONS
The following table summarizes the breakdown of the funding sources for the total construction budget.
Funding Summary
Capital lmprovement Project Fund $1,000,000
Total Funding $1,000,000
The following table summarizes the actual costs of the construction contract with Onyx Paving Company, lnc.:
Cost Summary
Construction Contract (Total Base Bid) $848,000
Construction Contract Contingency $85,330
Contract Change Orders $23,867
Total $957,197
Budget Over/(Under) ($42,803)
LEGAL AND RISK MANAG MENT CONSIDERATIONS
ln accordance with the contract documents, the Closeout Agreement and Release of Claims is required for the projects to be closed out.
OPTIONS
1. Authorize the Mayor to sign the Closeout Agreement and Release of Claims for the 2022 Pavement Maintenance Project with Onyx Paving Company, lnc. (Staff Recommendation)
2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate.
Closeout of 2022 Pavement Maintenance project
February 13,2023
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting
ATTACHMENTS
Attachment A:
Attachment B:
Staff contact:
John L. llasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 7 55-4400; [email protected]
Location Map
Closeout Agreement and Release of Claims
ATTACHMENT A
Location Map
I
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ATTACHMENT B
Closeout Agreement and Release of Claims
,l
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CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS
THIS AGREEMENT AND RELEASE OF CLAIMS (Agreement) is made in February , 2023 ,by and between the City of Carpinteria, (Owner), and (Contractor).
KNOW ALL PERSONS BY THESE PRESENTS:
$ 871
1 3th dav of
anv Tnc.
2. I That the undersigned, as the authorized representative of Contractor, and for each of its successors, assigns and partners, for andln consideration or Eight Hundred Forty Eight Thousand ($848,000.09), for the original Contract amount, and the tutn of r**u fnr." rnour"no el fot Contract Change Orders Nos.(l) through One ( 1 ), receipt of which is acknowledged, does release and forever discharge Owner, and each of its successors, assigns, council members, officers, agents, servants, volunteers and employees, from any and all rights, claims, causes of action, demands, debts, obligations, liabilities, actions, damages, costs and expenses (including but not limited to attorneys', paralegal and expefts' fees, costs and expenses) and other claims, which may be asserted against Owner by reason of any matter or thing which was the subject matter of or basis for:
A. The performance of all terms and conditions of that certain agreement datedMay 23,2022,for Owner, project described as2022 Pavement Maintenance Project.
B. Change Orders Nos. one (l) through (_), as approved by the parties, pertaining to Purchase Order No.
-
and shown in Payment Request No. ( ), dated
Nothing contained in this Agreement shall waive or alter the rights, privileges, and powers of Owner or the duties, liabilities and obligations ofContractor and its surety(ies) in respect to any portion ofthe Contract.
3. Owner has received the following claims from Contractor NOne Except as expressly provided in this
4 section, Owner has received no other claims from Contractor.
Upon execution ofthis Agreement, Owner agrees to promptly record aNotice of Completion with the Santa Barbara County Recorder.
Contractor and Owner agree that the total adjusted Contract Price and time of performance after the execution of change orders, is as follows:
Original Contract Price
Original Calendar Days
Adjusted Contract Price
Adjusted Calendar Days
The current amount owing to Contractor is:
Adj usted Contract Price:
Less: Amount Previously Paid
(Request Nos. I through "v
)
Retention
BALANCE:
$
$ 23,867.00
19 days
5 1
6 867.00
$1828,429.04 I
$( 43.437.96 )
s 0.00
The retention will be released to Contractor at the expiration ofthirty-five (35) calendar days after the date ofrecording a Notice of Completion with the Santa Barbara County Recorder or when all stop notices have been released, whichever 7 last occurs. The release provided pursuant to this Agreement shall not apply to Contractor's right to the retention amount until and to the extent such amounts are received by Contractor.
It is understood and agreed by Contractor that the facts with respect to which the release provided pursuant to this Agreement is given may turn out to be other than or different from the facts as now known or beliived to be, and Contractor expressly assumes the risk ofthe facts turning out to be different than they now appear, and agrees that the release provided pursuant to this Agreement shall be, in all respects, effective and not subject to termination or rescission by any such difference in facts and Contractor expressly waives any and all rights it has or may have under California Civil Code Section 1542, which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the Release which if known by it must have materially affected its settlement with the debtor."
The release made by Contractor is not to be construed as an admission or admissions of liability and Contractor denies any such liability. Contractor agrees that it will forever refrain and forebear from commencing, instituting or prosecuting any lawsuito action or other proceeding against Owner based on, arising out of, or in any way connected with the subject matter of this release.
Except as specifically provided in this Agreement, the Contractor releases Owner from all claims, including but not limited to those of its Subcontractors for all delay and impact costs, if any.
The Contractor represents and warrants to Owner that Contractor has not assigned or transfered or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims and Contractor agrees to indemnify and hold harmless Owner, its successors, assigns, council members, officers, agents, servants, volunteers and employees, from and against, without limitation, any and all rights, claims, warra-nties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims, including but not limited to attoLneys', paralegal and experts' fees, costs and expenses arising out ofor connected with any such assignment or transfer or purported assignment or transfer.
The parties acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Agreement. The parties acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained in this Agreernent.
The persons executing this Agreement represent and warrant to the other party that the execution and performance of the terms of this Agreement have been duly authorized by all individual, corporate, partnership, oi other entity requirements and that such persons have the right, power, legal capacity and authority to execute and enter into this Agreement.
The parties further acknowledge and represent that no promise, inducement or agreement, not expressed in this Agreement, have been made and that, with respect to the matters considered, this Agreement contains the entire agreement among the parties and that the terms of the Agreement are contractual and not a mere recital.
APPROVED AS TO FORM: CITY OF CARPINTERIA
a Municipal Corporation
Jena Shoaf Acos, on behalf of Brownstein Hyatt
Farber Schreck, LLP acting as City Attorney of
the City of Carpinteria
Mayor
8. 9
l0
lt
13. t2.
By
APPROVED AS TO CONTENT:
John L. Ilasin, City Engineer
ATTEST:
Brian C. Barrett, CMC, CPMC, City Clerk
CONTRACTOR
By
Title
City of Carpinteria
Gouncru Aceruon Srnrr Reponr
February 13,2023
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6196, approving the recommendations of the Traffic Safety Committee.
STAFF RECOMMENDATION
Adopt Resolution No.6196, approving the recommendations of the Traffic Safety Committee.
Sample Motion: I move to adopt Resolution No. 6196, as read by title only
BACKGROUND
Pursuant to Carpinteria Municipal Code Section 10.08.090, the City of Carpinteria Traffic Safety Committee (TSC) is an advisory body to the City Council, the City Engineer and other City officials. The duties of the TSC include making recommendations concerning the administration and enforcement of traffic regulations; to stimulate and assist in the preparation and publication of traffic reports; to receive complaints having to do with traffic matters; and, to suggest ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.
The TSC consists of the City Traffic Engineer, Chief of Police or representative, Community Development Director or representative, as well as three citizen representatives, including a representative of the safety committee of the Carpinteria Unified School District, and such other City officials or representatives of Special Districts as may be recommended by the City Manager and approved by the City Council.
The TSC normally meets on a quarterly basis and its meetings are publicly noticed.
The TSC meetings provide members of the community a chance to come voice their support or concerns about various traffic operations issues in Carpinteria. ln addition to taking public comment, the TSC considers formal requests made by citizens, public safety traffic improvements, and the enforcement of regulations. !
Approving the Recommendations of the Traffic Safety Committee February 13,2023
The purpose of this agenda matter is for the city council to act on the recommendations of the TSC made at meetings held on July 20, August 17 and December 8,2022.
DISCUSSION
The Traffic Safety Committee (TSC) recommends for the City Council to approve the following traffic control devices:
. Establish parkinq restriction for street sweepinq, pursuant to Carpinteria Municipal Code Section 10.28.030(G).
on July 20,2022, the TSC recommended for the establishment of street sweeping parking restrictions along the following streets, as based on staffs assessment of the City's street sweeping program for improving stormwater quality (dated March 24,2022):
o lnstall aoproxim atelv 130 feet of red alono the north side Oqan Road Street Name
(alphabetical order)
Limit Limit
Carpinteria Avenue Santa Ynez Avenue Linden Avenue
Carpinteria Avenue Linden Avenue Maple Avenue
Cindy Lane West end Mark Avenue
Cindy Lane Mark Avenue North end
Elm Avenue Eighth Street Carpinteria Avenue
Estero Way Carpinteria Avenue South end
Holly Avenue Eighth Street Sawyer Avenue
Linden Avenue Fifth Street Carpinteria Avenue
Linden Avenue Carpinteria Avenue Linden Avenue Overcrossinq Maple Avenue Carpinteria Avenue Fifth Street
Mark Avenue Via Real North end
Ninth Street Franklin Creek Linden Avenue
Pear Street Carpinteria Avenue South end
Rose Lane Mark Avenue West end
Sixth Street Linden Avenue Maple Avenue
Via Real Santa Ynez Avenue Santa Monica Road
Via Real Santa Monica Road Cravens Lane
between Pacific Villaoe Drive intersection and the west side of drivewav at curb a
Real a
Ooan Road tersection roundabouf rsuant to Carointeria icioal Code Section 10.28.030(DL
on August 17,2022, the city received a request for improvement of the intersection sight distance of westbound Ogan Road at the Pacific Village Drive intersection. The request is from a Ben Scott of 5031 Pacific Village Drive, Carpinteria, California 93013. According to Ben Scott, the existing sight distance is apparently interfered due to parked vehicles along the north siOe ol Ogan Approving the Recommendations of the Tratfic Safety Committee February 13,2023
Road between the Pacific Village Drive intersection and the west side of driveway at 5110 Ogan Road. On January 18, 2023, the TSC reviewed the matter and voted to recommend said red curbs as shown in Exhibit . a lnstall approx 76 feet of red curb alonq the north side of Ooan Road from the Vallecito Place intersection, pursuant to Carpinteria Municipal Code Section
10.28.030(D).
On December 8, 2022, the City received a request for improvement of the intersection sight distance of westbound Ogan Road at the Vallecito Place intersection. The request is from a Chris Galbraith of 1361 Vallecito Place, Carpinteria, California 93013. According to Chris Galbraith, the existing sight distance is apparently interfered due to parked vehicles along the north side of Ogan Road at the Vallecito Place intersection. On January 18,2023, the TSC reviewed the matter and voted to recommend said red curb.
POLICY CONSISTENCY
The recommendation is consistent with Carpinteria Municipal Code Sections 10.08.090 (Traffic safety committee-Duties) and 10.28.030 (Restricted areas designated).
FINANCIAL CONSIDERATIONS
The recommendations can be completed within the Adopted Fiscal Year 2022123 Gas Tax Fund and Measure A Fund. No impact to the General Fund is expected with the approval of the recommendation.
LEGAL AND RISK MANAGEMENT CONSIDE RATIONS
Pursuant to Carpinteria Municipal Code Section 10.28.030, the City Council may establish street parking restrictions via resolution of approval. The establishment of appropriate parking restrictions by following the procedures established through local and state regulations can be an effective risk management tool.
OPTIONS
1. Adopt Resolution No. 6196, approving the recommendations of the Traffic Safety Committee. (Staff recommendation)
2. Direct staff to modify Resolution No. 6196.
3. Decline to adopt Resolution No. 6196 and provide further direction staff. No action would result in no change to existing roadway conditions.
PRINCIPAL PARTIES EXPECTED AT MEETING
No principal parties are expected to attend
fpRroving the Recommendations of the Traffic Safety Committee February 13,2023
ATTACHMENTS
Attachment A: Resolution No. 01g6
Staff contact:
John L. llasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 7 55-4400; [email protected]
ture
ATTACHMENT A
Resolution No.6196
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RESOLUTION NO. 6196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, APPROVING THE RECOMMENDATIONS OF THE
TRAFFIC SAFETY COMMITTEE
WHEREAS, Section 10.08.080 of the Carpinteria Municipal Code establishes a Traffic Safety Committee as an advisory body; and WHEREAS, on July 20, 2022, the Traffic Safety Committee reviewed the recommendation by staff for the establishment of street sweeping parking restrictions along certain streets, as shown in Exhibit A, pursuant to Section
10.28.030(G) and voted unanimously to make such recommendation for City Council consideration; and
WHEREAS, on January 18,2023, the Traffic Safety Committee reviewed the recommendation by staff for the installation of approximately 130 feet of red curb along the north side of Ogan Road between the Pacific Village Drive intersection and the west side of driveway at 5110 Ogan Road and approximately 90 feet of red curb along the north side of Ogan Road between the Pacific Village Drive intersection and the Via Real and Ogan Road intersection roundabout, as shown in Exhibit B, pursuant to 10.28.030(D), and voted unanimously to make such recommendation for City Council consideration; and WHEREAS, on January 18,2023, the Traffic Safety Committee reviewed the recommendation by staff for the installation of approximately 76 feet of red curb along the north side of Ogan Road from the Vallecito Place intersection, as shown in Exhibit C, pursuant to 10.28.030(D), and voted unanimously to make such recommendation for City Council consideration; and WHEREAS, the City Traffic Engineer reviewed the Traffic Safety Committee recommendations, conducted field reviews at the sites, and determined that there are no conditions or standards precluding the City Council's consideration of the recommendations.
NOW, THEREFORE, BE lT RESOLVED as follows
SECTION 1. The above recitals are true and correct.
SECTION 2. The recommendations of the Traffic Safety Committee are approved, and the Public Works Department is directed to implement the recommendations through its schedule of work within a reasonable period of time.
PASSED, APPROVED AND ADOPTED on February 13, 2023 by the following vote:
Resolution No. 6196
Page2
AYES
NOES:
ABSENT
ABSTAIN
coUNctLMEMBER(S)
coUNcTLMEMBER(S)
coUNCtLMEMBER(S)
coUNcILMEMBER(S)
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the city council of the city of carpinteria held on February 13, 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
EXHIBIT A TO RESOLUTION NO. 6196
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Street Name
(alphabetical order)
Limit Limit
Carpinteria Avenue Santa Ynez Avenue Linden Avenue
Carpinteria Avenue Linden Avenue Maple Avenue
Cindv Lane West end Mark Avenue
Cindv Lane Mark Avenue North end
Elm Avenue Eiqhth Street Carpinteria Avenue
Estero Way Carpinteria Avenue South end
Hollv Avenue Eiqhth Street Sawver Avenue
Linden Avenue Fifth Street Carpinteria Avenue
Linden Avenue Carointeria Avenue Linden Avenue Overcrossing Maple Avenue Carointeria Avenue Fifth Street
Mark Avenue Via Real North end
Ninth Street Franklin Creek Linden Avenue
Pear Street Carpinteria Avenue South end
Rose Lane Mark Avenue West end
Sixth Street Linden Avenue Maple Avenue
Via Real Santa Ynez Avenue Santa Monica Road
Via Real Santa Monica Road Cravens Lane
EXHIBIT B TO RESOLUTION NO. 6196
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EXHIBIT C TO RESOLUTION NO. 6196
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City of Carpinteria
COUNCIL AGENDA STAFF REPORT
February 13, 2023
ITEM FOR COUNCIL CONSIDERATION
1. Introduction of Ordinance No. 760 (Attachment A), making changes to the City of Carpinteria's ("City") zoning regulations and General Plan/Local Coastal Program ("GP/LCP") regarding regulation of formula businesses. Changes to the Carpinteria Municipal Code ("CMC") include the addition of Chapter 14.53 entitled "Regulation of Formula Businesses" and the addition of a new definition to Chapter 14.08; and
2. A finding that approval and adoption of Ordinance No. 760 is exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines.
3. Adoption of Resolution No. 6192 (Attachment B), certifying that Ordinance No. 760 is intended to carry out the policies of the City's certified LCP consistent with the California Coastal Act, and direct that the proposed LCP Amendment ("LCPA") be transmitted to the California Coastal Commission for certification.
STAFF RECOMMENDATION
1. That the City Council approve the first reading of Ordinance No. 760, amending the City's zoning regulations and GP/LCP to establish formula business regulations in CMC 14.53 (including the addition of a definition to CMC 14.08).
2. That the City Council find that approval and adoption of Ordinance No. 760 is exempt from CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061 (b)(3) of the CEQA Guidelines.
3. That the City Council adopt Resolution No. 6192, certifying that Ordinance No. 760 is intended to carry out the policies of the City's certified LCP consistent with [Proposed Regulations Governing Establishment of Formula Businesses February 13, 2023
the California Coastal Act, and direct that the proposed LCP Amendment be transmitted to the California Coastal Commission for certification.
Sample Motion: I move to:
1. Approve the first reading of Ordinance No. 760, amending the City's zoning regulations and GP/LCP to establish formula business regulations in CMC 14.53 (including the addition of a definition to CMC 14.08).
2. Find that approval and adoption of Ordinance No. 760 is exempt from CEQA pursuantto Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines.
3. Adopt Resolution No. 6192, certifying that Ordinance No. 760 is intended to carry out the policies of the City's certified LCP consistent with the California Coastal Act, and direct that the proposed LCP Amendment be transmitted to the California Coastal Commission for certification.
BACKGROUND
At its meeting of February 14, 2022, the City Council requested that staff prepare a report on how cities regulate chain stores and restaurants, also known as "formula businesses," that have standardized services, decor, methods of operation, and other features that make them virtually identical to businesses elsewhere.
During its meeting on May 9, 2022, the City Council received information that a proliferation of formula businesses can have deleterious impacts on a community's health, safety, and welfare. For example:
Cities have found it common for formula businesses to arrive in an area en masse, squeezing out independent businesses and causing a speculative run-up in rents that results in the wholesale transformation of a business district almost overnight.1 The loss of independently owned/operated stores can also have long-term economic consequences for communities. One study of independent business in San Francisco found that an increase of 10% in independent businesses' market share would yield an increase of nearly $200 million in economic activity and 1 S. Mitchell, Formula Business Restrictions, Institute for Local Self-Reliance ("ILSR") https://ilsr.org/rule/formula-business-restrictions/ (as of May 17, 2022).
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nearly 1,300 new jobs, while a 10% decrease in market share would cause declines in economic activity and jobs by the same amount.2 In addition to causing downtown or neighborhood business districts to lose their distinctive appeal, formula businesses often drive up rents where they locate.
Higher rents can have the effect of pushing out independent entrepreneurs and low-margin/service businesses that meet the basic needs of surrounding neighborhoods (such as grocers and beauty/barber shops). 3 Local economies dominated by formula businesses also tend to be solely profit based and uninterested in meeting community needs over time, as opposed to a business model that fills a local niche and/or is complementary to existing businesses in similar categories.
4 Perhaps of greatest concern, formula
businesses often invest locally generated profits outside of the community, and disappear quickly when the economy contracts or their corporate strategy shifts, leaving behind building vacancies with higher rent expectations. 5 After receiving the staff report, the City Council heard from staff and a member of the public regarding the impacts that the proliferation of formula businesses could have on the City's commercial areas and directed staff to return with an urgency ordinance to establish a temporary moratorium on the establishment of formula businesses throughout the City while City staff and the City Council study and consider permanent regulations on formula businesses. The staff report for the May 9, 2022 meeting can be accessed on the City's website at www.carpinteriaca.gov and is hereby incorporated by reference.
As directed by the City Council, staff returned to the next meeting on May 23, 2022 with options for a temporary moratorium on the establishment of any new formula businesses. The staff report and draft moratorium were crafted in a manner to offer the City Council a menu of options to choose from related to the geographic scope of the moratorium, the types of formula businesses to be regulated, how to define formula businesses, and considerations for whether to allow for any exceptions for the replacement and/or relocation of existing formula businesses. Because only three Councilmembers were present during this item (which requires a four-fifth (4/5) vote for approval), the City Council could not take action on the item and continued its consideration to a date when four of the Councilmembers could be present. The staff report for the May 23, 2022 meeting is available online at www.carpinteriaca.gov and hereby incorporated by reference.
2 Civic Economics, The San Francisco Retail Diversity Study https://community-wealth.org/contenUsanfrancisco-retail-diversity-study-report-prepared-san-francisco-locally-owned-merchants (as of May 17, 2022).
3 S. Mitchell, supra fn. 3.
4 Id.
5 Id.
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On June 27, 2022, the City Council approved Ordinance No. 755, an urgency ordinance establishing a temporary moratorium on the establishment of formula businesses in the City, as modified by the City Council. At this meeting, the City Council considered additional public testimony and examples of language from other municipalities' formula business regulations (e.g., geographic scope, types of businesses to be regulated, definition of formula business, and exceptions) before adopting the moratorium. The City Council cited, among other reasons for the moratorium, the City's character as a classic California beach town; the City's desire to foster businesses that serve both the needs of City residents and visitors and thereby ensure the community's quality of life; the resiliency of the City's vibrant, small-scale, diversified commercial character; and furthering the City's economic vitality program (based on promoting its existing assets), including maintaining and encouraging diverse business types and sizes.
Following the City Council's discussion, it voted to apply the temporary moratorium citywide, with the exception of the Casitas Plaza and Shepard Place Shops. The temporary moratorium applies to any commercial business operating as a retail sales (except for office space, professional services, banks or credit unions, grocery stores, nonprofit businesses, pharmacies, gas stations, or theaters/performing arts spaces), restauranUfood service, and/or hotel or motel establishment and which (a) has more than seven (7) locations anywhere in the United States of America; and (b) has two or more of the following features common to all or substantially all of its locations:
standardized array of services or products for sale, facade, architecture, decor or color scheme, uniform or other employee apparel, signage, or trademark/servicemark. The temporary moratorium also does not prohibit the relocation of an existing formula business in operation at a location within the City upon the effective date of Ordinance No. 755 to another location within the City. The staff report for the June 27, 2022 meeting is available online at www.carpinteriaca.gov and hereby incorporated by reference.
On July 11, 2022, the City Council considered, approved, and issued the required report pursuant to Government Code section 65858(d) describing measures taken to alleviate the conditions that led to the adoption of Ordinance No. 755. The report concludes that although the City has made progress toward enacting comprehensive formula business regulations, the conditions that led to the adoption of Ordinance No. 755 remain ongoing. The staff report for the July 11, 2022 Government Code section 65858(d) report is available online at www.carpinteriaca.gov. and hereby incorporated by reference.
At the same meeting on July 11, 2022, under a different agenda item, the City Council adopted Resolution No. 6146, initiating preparation and adoption of permanent regulations for the establishment of formula businesses within the City. The staff report initiating preparation of the permanent regulations is available on line at www.carpinteriaca.gov and hereby incorporated by reference. The City Council N:\Project Files\2022 (2139- )\2151 Formula Business Ordinance\February 13, 2023 First Read\CC Staff Report re Final Formula Business Regulations 02.13.23 CC(25106767.3).docx [Proposed Regulations Governing Establishment of Formula Businesses February 13, 2023
provided staff with general comments as to the content of the permanent regulations.
Specifically, with some minor modifications, the City Council directed that the temporary formula business moratorium adopted on June 27, 2022 be used as the basis for the permanent regulations.
On July 25, 2022, the City Council approved and adopted Ordinance No. 757, which extended the moratorium initiated by Ordinance No. 755 without change for an additional ten (10) months and fifteen (15) days following the date of expiration of Ordinance No. 755, which is June 26, 2023. The staff report for the July 25, 2022 meeting is available online at www.carpinteriaca.gov and hereby incorporated by reference.
On December 5, 2022, the Planning Commission held a hearing and received public comments on the draft regulations prepared to reflect the City Council's direction concerning regulation of formula businesses. Consistent with the direction received from the City Council at the July 11, 2022 meeting, staff drafted the proposed permanent regulations to align with the original moratorium language, with the principal exceptions described below:
• Some City Council members stated that, in addition to Shephard Place Shops and Casitas Plaza Shopping Center, the neighboring commercial properties along Casitas Pass Road should also be excluded from the formula business regulations. Accordingly, Chapter 14.53 has been drafted to exclude from the formula business regulations all parcels fronting the portion of Casitas Pass Road from Carpinteria Avenue to Highway 101, as shown more particularly on the included map.
• Staff has also prepared proposed definitions for various terms used within the proposed regulations to improve clarity. Many of these definitions were derived from formula business regulations enacted by other municipalities.
No comments were received from members of the public at the December 5, 2022 Planning Commission meeting. Following deliberations, the Planning Commission voted 4-1 to recommend approval of Ordinance No. 760 with the following modifications:
• An exemption for the transfer of ownership (provided that the operation of the formula business remains substantially the same) from the prohibition on the establishment of new formula businesses.
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• An exception to allow establishment of a formula business, notwithstanding the general ban on new formula businesses outside of the Exclusion Zone, if the exception were found to be in the public interest.
These modifications are included in the current draft of Ordinance No. 760 being considered by the City Council.
The staff report for the December 5, 2022 Planning Commission meeting is available online at www.carpinteriaca.gov and hereby incorporated by reference.
DISCUSSION
The purpose of this agenda matter is for the City Council to consider approving Ordinance No. 760, as modified following staffs receipt of the Planning Commission's recommended changes.
The ordinance would apply to any commercial business operating as a retail sales, restaurant/food service, and/or hotel or motel establishment and which (a) has more than seven (7) locations anywhere in the United States of America; and (b) has two or more of the following features common to all or substantially all of its locations:
standardized array of services or products for sale, facade, architecture, decor or color scheme, uniform or other employee apparel, signage, or trademark/servicemark.
The ordinance would not apply to the commercial parcels fronting the portion of Casitas Pass Road from Carpinteria Avenue to Highway 101, including the entirety of Casitas Plaza Shopping Center and the Shepard Place Shops. Additionally, the Ordinance would not apply to office space, professional services, banks or credit unions, grocery stores, nonprofit businesses, pharmacies, gas stations, or theaters/performing arts spaces.
The ordinance does not prohibit the relocation of an existing formula business in operation at a location within the City to another location within the City.
Per the recommendation from the Planning Commission, (a) the ordinance would provide an exemption for the transfer of ownership, provided that the operation of the formula business remains substantially the same, and (b) an exception to allow establishment of a formula business, if found to be in the public interest.
Upon approval of the first reading of Ordinance No. 760, City staff is also requesting that the Council direct staff to submit the draft ordinance to the California Coastal Commission ("CCC") as a LCPA. The CCC reviews the contemplated amendments to the City's zoning regulations to address formula businesses for consistency with the policies of the California Coastal Act and the City's certified LCP. Upon certification of N:\Project Files\2022 (2139- )\2151 Formula Business Ordinance\February 13, 2023 First Read\CC Staff Report re Final Formula Business Regulations 02.13.23 CC(25106767.3).docx [Proposed Regulations Governing Establishment of Formula Businesses February 13, 2023
the LCPA by the CCC, Ordinance No. 760 would be returned to the City Council for acceptance of any modifications required by the CCC and adoption of the ordinance upon a second reading.
6 Depending upon the extent and manner in which the CCC completes the review and certification of the City's LCPA, the entire ordinance adoption process could take between 4 to 18 months. Meanwhile, the temporary moratorium can remain in place for up to two years (until June 26, 2024), or until the ordinance for the (permanent) formula business regulations takes effect, whichever occurs first.
POLICY CONSIDERATIONS
Numerous policies speak to providing for a range of business activities that are compatible with the City of Carpinteria's small beach town character. The following General Plan/Coastal Land Use Plan policies may be found consistent with an interest in limiting formula businesses in Carpinteria:
Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding sprawl development at the City's edge.
Policy LU-3d: Establish a commercial sector that balances the retail and service needs of citizens and tourists.
Policy LU-3g: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character.
Restrictions on formula businesses may also be found consistent with the goals and directives of the City's Sustainable Community Policy (Resolution No. 5500), including but not limited to the following excerpts:
• Promote a diversified and resilient local economy that reflects the unique attributes of the region and provides necessary and desirable products and services for both residents and visitors;
6 If the CCC certifies the ordinance without any suggested modifications, the certification is effective immediately, and the ordinance will go into effect thirty (30) days following the City Council's second reading of the ordinance. If the CCC suggests modifications, then certification does not become effective until (1) the CCC Executive Director receives notification of the City's acceptance and implementation of those modifications, (2) the CCC Executive Director determines in writing that the City's action and notification procedures are legally adequate to satisfy the CCC's certification order, and (3) the CCC Executive Director reports this determination to the CCC at its next regularly scheduled meeting.
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• Attract and retain downtown retailers, hotels, corporate headquarters and Research and Development uses that can be successful in and complimentary to the community;
• Establish support for small business development; and • Maintain and enhance the unique identity of the community and built environment to sustain a strong sense of place and community.
FINANCIAL CONSIDERATIONS
The proliferation of formula businesses can have long-term economic consequences for a community. Low-margin businesses that meet the basic needs of surrounding neighborhoods, such as grocers and pharmacies, may be pushed out as rents rise and the area attracts more formula restaurants and stores. Perhaps of greatest concern, formula businesses tend to be fair-weather friends and can disappear quickly when the economy contracts or their corporate strategy shifts. The risk of formula businesses resulting in a downtown or neighborhood business district losing its distinctive appeal and no longer offering opportunities for independent entrepreneurs could result in loss of customers, fewer business opportunities, and a decline in locally-generated tax revenue.
Regulating formula businesses could have an impact on potential City revenues generated from sources, including but not limited to: sales taxes, property taxes (related to new developmenUtenant improvements), transient occupancy taxes (for hotel/motel uses), business license taxes, and permit fees. The extent to which such revenues would be impacted is dependent upon the scope and breadth of any regulations on formula businesses, and the degree to which such regulations limit or reduce the establishment of new businesses in the City.
Enforcement of formula business regulations would be expected to require a nominal amount of additional staff time.
ENVIRONMENTAL CONSIDERATIONS
Ordinance No 760 is exempt from review under CEQA in accordance with CEQA Guidelines section 15060(c)(2), which applies where an activity will not result in a direct or reasonable foreseeable indirect physical change in the environment; section 15060(c)(3), which applies where an activity is not a "project" as defined in section 15378 of the CEQA Guidelines; and section 15061(b)(3), which applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
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LEGAL AND RISK MANAGEMENT CONSIDERATIONS
California has a well-established history with formula business restrictions at a city and county level. In addition to prominent "big box" store regulations, many cities of varying size across the state have enacted prohibitions against formula businesses. California courts largely have upheld these restrictions against legal challenges under the dormant commerce and equal protection clauses of the U.S. Constitution.
It is also a well-established legal principle that a public agency's police power has broad application to protect the public health, safety, and welfare of its residents which has been interpreted to include regulating formula businesses.
OPTIONS
1. Approve Ordinance No. 760 upon a first reading, as recommended by the Planning Commission, and adopt Resolution No. 6192 (staff recommendation).
2. Direct staff to make changes to Ordinance No. 760 and/or Resolution No. 6192.
Note that this may require sending the revisions back to the Planning Commission for consideration.
3. Take no action on the draft legislation and direct staff as determined appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETINGS
Carpinteria business owners
Commercial property owners/managers
Commercial property developers
ATTACHMENTS
Attachment A
Attachment B
Ordinance No. 760, including Exhibits A and B thereto
Resolution No. 6192
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Staff Contact: Steve Goggia, Community Development Director (805) 755-4414 / [email protected] ~-
- si ~ a e
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Reviewed by: Jena Shoaf Acos,
on behalf of Brownstein Hyatt Farber Schreck, LLP
acting as City Attorney for the City of Carpinteria
N:\Project Files\2022 (2139- )\2151 Formula Business Ordinance\February 13, 2023 First Read\CC Staff Report re Final Formula Business Regulations 02.13.23 CC(25106767.3).docx Attachment A
Ordinance No. 760, including Exhibits A and B
ORDINANCE NO. 760
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, AMENDING TITLE 14 OF THE CARPINTERIA MUNICIPAL CODE
TO ADD ZONING REGULATIONS PERTAINING TO THE ESTABLISHMENT OF
FORMULA BUSINESSES
WHEREAS, due to concern over identified negative impacts associated with an overproliferation of formula businesses, on July 11, 2022, the City of Carpinteria' s ("City") City Council initiated an amendment to the Carpinteria Municipal Code ("CMC") pertaining to the establishment of formula businesses; and
WHEREAS, the City's zoning code currently allows operation of formula businesses within the City, provided that such businesses meet all applicable legal requirements and have obtained an occupancy clearance and other necessary entitlements from the City; and WHEREAS, the City adopted its General Plan/Local Coastal Plan ("GP/LCP") as a comprehensive, long-term plan for the City's development, and many of the City's GP/LCP objectives and policies were enacted to limit commercial development that would impair the City's distinctive small beach town charm and character. Among others, those land use objectives and policies include the following:
• Land Use Element Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding spawl development at the City's edge;
• Policy LU-3d: Establish a commercial sector that balances the retail and service needs of citizens and tourists;
• Policy LU-3g: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character; and WHEREAS, the City has adopted Resolution No. 5500, a Sustainable Community Policy, in part, as a basis for creating strategies that allow it to adapt to ever-changing environmental, economic, social and physical stressors. Among the directives of the City's Sustainable Community Policy are the following:
• Promote a diversified and resilient local economy that reflects the unique attributes of the region and provides necessary and desirable products and services for both residents and visitors;
• Attract and retain downtown retailers, hotels, corporate headquarters and Research and Development uses that can be successful in and complimentary to the community; • Establish support for small business development;
• Maintain and enhance the unique identity of the community and built environment to sustain a strong sense of place and community; and
25109554.2
Ordinance No. 760
WHEREAS, the City's character as a classic California beach town; the City's desire to foster businesses that serve both the needs of City residents and visitors and thereby ensure the community's quality of life; the resiliency of the City's vibrant, small-scale, diversified commercial character; and the City's ongoing economic vitality all require that the City maintain and encourage establishment of diverse business types and sizes, including smaller and mid-sized businesses; and
WHEREAS, formula businesses are, by their very nature, standardized (including their architecture, decor, color schemes, and signage) and not unique, and therefore do not enhance the unique small town character that the City Council finds necessary to maintain the City's economic vitality, including a viable visitor industry in the City; and WHEREAS, as City staff noted in a May 9, 2022 Staff Report, many formula businesses are increasingly locating in downtowns and neighborhood business districts en masse, squeezing out independent businesses and causing a speculative run-up in rents that result in the wholesale transformation of a business district. In addition to causing such downtowns and business districts to lose their distinctive appeal, the rent increases caused by an influx of formula businesses can force independent entrepreneurs and low margin/service businesses that serve the surrounding neighborhood's basic needs to close or move out of the area; and WHEREAS, as further noted by City staff in its May 9, 2022 Staff Report, local economies dominated by formula businesses tend to be solely profit-based and therefore disinterested in meeting the community's needs, rather than filling a local niche or complementing existing businesses in similar categories. Formula businesses also often invest locally generated profits outside of the community, disappearing quickly when economic conditions shift or corporate strategy changes, and leaving behind vacancies with higher rent expectations; and WHEREAS, the impacts described above may result in existing small businesses losing customers and having fewer business opportunities, and may further lead to long-term urban decay and increased vacancies in commercial real estate, both of which could lead to a decline in tax revenue for the City; and
WHEREAS, for all of the reasons described herein, the City Council finds that the unregulated proliferation of formula businesses could lead to a lack of diversity in City businesses, which would substantially harm the important City interests listed above and create substantial public health, safety and welfare problems for the City, its residents, and its businesses; and WHEREAS, this Ordinance is not premised on maintaining local ownership of businesses, or protecting existing businesses, or preventing formula businesses from doing business in the City. The purpose of this Ordinance is to maintain the City's unique, special character, the diversity and vitality of the City's commercial districts, and the quality of life of City residents; and
WHEREAS, the City Council adopted Urgency Ordinance Nos. 755 and 757 implementing and extending a moratorium on issuance of Certificates of Occupancy or other entitlements for the establishment of new formula businesses within the City, with the exception 25109554.2
Ordinance No. 760
of the Casitas Plaza and the Shepard Place Shops, in order to study, develop, and consider permanent regulations for formula businesses within the City; and WHEREAS, the City of Carpinteria Planning Commission ("Planning Commission") considered draft Ordinance No. 760 at their December 5, 2022 hearing, wherein they recommended approval and adoption of the Ordinance to the City Council, with certain modifications; and the Planning Commission considered the draft Ordinance No. 760 again, with further modifications proposed by the City Council, at their [date] hearing; and WHEREAS, the City Council has conducted a publicly noticed hearing and received evidence regarding the proposed Ordinance; and
WHEREAS, the City Council has determined that it is appropriate and in the City's best interest to exempt from this ordinance an Exclusion Zone, defined as the properties fronting the portion of Casitas Pass Road from Carpinteria A venue to Highway 101, including the Casitas Plaza Shopping Center and the Shepard Place Shops, because this area has historically contained a number of formula businesses that provide important services upon which the local community and visitors alike depend; and,
WHEREAS, it has been determined that regulating formula businesses as included in this Ordinance is consistent with the City's GP/LCP as well as within the City's best interest.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals Incorporated.
The above recitals are incorporated herein and are each relied upon independently by the City Council in its adoption of this Ordinance.
SECTION 2. Amendment of Title 14 of the Carpinteria Municipal Code.
Title 14 of the CMC is hereby amended to (1) add Chapter 14.53, the text of which is attached hereto as Exhibit A and fully incorporated herein by reference; and (2) amend Chapter
14.08 to add Section 14.08.276, the text of which is attached hereto as Exhibit B and fully incorporated herein by reference.
SECTION 3. Effective Date.
This Ordinance shall be in full force and effect thirty days following second reading of the Ordinance. Before the expiration of fifteen ( 15) days following passage, this Ordinance shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View News, a newspaper of general circulation, published in the City. Only those entitlements for which the right to proceed with the associated development, facility, or activity has vested pursuant to the provisions of State law prior to the effective date of this Ordinance may proceed without violating the provisions of this Ordinance. 25109554.2
Ordinance No. 760
SECTION 4. 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 decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 5. CEQA Exemption.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines sections 15060( c )(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060( c )(3) (the activity is not a "project" as defined in section 15378), and 15061(b)(3) (the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment; where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA).
The Ordinance generally prevents changes in the environment and thus has no potential for resulting in physical change to the environment, either directly or indirectly.
SECTION 6. Publication.
The City Clerk shall certify as to the passage of this Ordinance and cause the same to be published and posted in the manner prescribed by California law.
PASSED, APPROVED, AND ADOPTED this [date], by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
25109554.2
Ordinance No. 760
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 this [date).
Brian C. Barrett, CMC City Clerk
City of Carpinteria
APPROVED AS TO FORM:
Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP, acting as
City Attorney of the City of Carpinteria
25109554.2
Ordinance No. 760 EXHIBIT A
Chapter 14.53
Regulation of Formula Businesses
Sections:
14.53.010
14.53.020
14.53.030
14.53.040
14.53.050
14.53.060
Purpose and intent
Definitions
Geographic scope
Restrictions on establishment of formula businesses
Application for public interest exception
Relocation of formula businesses
Section 14.53.010 - Purpose and intent.
The purpose of this chapter is to regulate the location and operation of formula businesses within the city, in order to maintain the city's character as a classic California beach town with vibrant, small-scale, and diversified commercial activity. The city has determined that preserving a balanced mix of businesses within the city is necessary to ensure the long-term economic vitality of neighborhood and visitor-serving businesses and the community as a whole, and that an overproliferation of new formula businesses in areas outside the exclusion zone would be detrimental to that goal. It is therefore the intention of the city that an over-proliferation of formula businesses outside the exclusion zone not be allowed.
Section 14.53.020 - Definitions.
The following terms, as used in this chapter and in Section 14.08.276, shall be defined as follows:
A. "Array of services or products for sale" means fifty (50) percent or more of in-stock merchandise, menu items, or services offered.
B. "Color scheme" means the selection of colors used throughout the business, such as on the furnishings, wall coverings, or as used on the facade, Standardized lighting is considered part of the color scheme.
C. "Decor" means the style of interior finishes, such as the style of furniture, wall coverings, or permanent fixtures.
D. "Exclusion zone" means the parcels fronting the portion of Casitas Pass Road from Carpinteria Avenue to Highway 101, including the entirety of Casitas Plaza Shopping Center and the Shepard Place Shops, as shown more specifically in the map below:
') f.
~ [
JI :z -
I
I
E. "Facade" means the face of a building or tenant space oriented onto a street or open space. Awnings are considered part of the facade,
F. "Formula business" shall have the meaning set forth in Section 14.08.276.
G. "Professional services" means services that are customarily provided by a licensed professional in an office setting, such as legal, insurance, title, accounting, mortgage, real estate, architecture, engineering, and similar services.
H. "Trademark/Servicemark" means a word, phrase, symbol, or design ( or a combination of words, phrases, symbols, or designs) that identifies and distinguishes the source of a product or service from one entity from those of others.
I. "Uniform or other employee apparel" means items of clothing such as aprons, pants, shirts, dresses, hats, and pins (other than name tags), as well as standardized colors of clothing.
Section 14.53.030 - Geographic scope.
The provisions of this chapter shall apply everywhere within the limits of the city, with the exception of the exclusion zone where the provisions of this chapter shall not apply.
Section 14.53.040 - Restrictions on establishment of formula businesses.
Subject to the provisions of Sections 14.53.030 and 14.53.050, no certificate of occupancy issued pursuant to Chapter 5.05 of this code that has as its result the approval or allowance of the operation of a formula business shall be issued, granted, or approved by any employee, department, or commission of the city.
Section 14.53.050 - Application for public interest exception.
In the event that an applicant for a certificate of occupancy pursuant to Chapter 5.05 of this code is determined by the community development director to be a formula business, that applicant may apply to the planning commission for a public interest exception to the restriction set forth in Exhibit A
Section 14.53.040. The application shall be made pursuant to Section 14.78.030 of this code, except that the standards and findings below shall be substituted for those set forth in Section
14. 78.030(2). The planning commission shall have the discretion to grant the public interest exception upon its determination that all of the findings below apply:
(a) The proposed formula business will not result in an over-concentration of formula businesses in the immediate vicinity, or in the city as a whole; (b) The proposed formula business will contribute to an appropriate balance of small, medium, and large-sized businesses in the city;
(c) The proposed formula business has been designed to preserve and enhance the city's small beach town character and to integrate existing community architectural and design features, which will preserve such character for the city's residents and visitors; (d) If the proposed formula business will use more than ten thousand (10,000) gross square feet of space, the proposed formula business will provide needed goods or services, will promote the city's economic vitality, and will be compatible with existing and planned uses in the vicinity;
( e) The establishment, maintenance, or operation of the proposed formula business will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the vicinity of the proposed formula business, or be detrimental or injurious to property and improvements in the vicinity or to the general welfare of the city;
(f) As applicable, the goods or services offered by the proposed formula business are unavailable in the community and will help residents and visitors avoid the need to shop out of the community for said goods or services; and
(g) The proposed formula business will not increase the intensity of use on the site to a level that will adversely impact land uses in the area, pedestrian or motor vehicle traffic, or the public welfare.
Section 14.53.060- Relocation or change of ownership of formula businesses.
This chapter shall not apply to bar the continued operation of such formula businesses already in possession of a valid certificate of occupancy issued pursuant to Chapter 5. 05 of this code that ( 1) relocates to another location within the city, including a formula business located within the exclusion zone that relocates to outside of the exclusion zone, or (2) undergoes a change of ownership, provided that (in the sole discretion of the community development director) all operations of the formula business remain substantially the same.
Exhibit A
Ordinance No. 760 EXHIBIT B
Chapter 14.08
Definitions
Section 14.08.276 - Formula business
"Formula business" means any commercial business operating as a retail sales, restaurant/food service, and/or hotel or motel establishment, and which: (a) has more than seven (7) locations anywhere in the United States of America, and (b) has two (2) or more of the following features common to all or substantially all of its locations: standardized array of services or products for sale, facade, architecture, decor or color scheme, uniform or other employee apparel, signage, or trademark/servicemark. Notwithstanding any other provision of this chapter, the following types of businesses are not formula businesses: office space, professional services, banks or credit unions, grocery stores, nonprofit businesses, pharmacies, automobile service stations, or theaters/performing arts spaces.
25106789.3
Attachment B
Resolution No. 6192
RESOLUTION NO. 6192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CERTIFYING THAT ORDINANCE NO. 760 IS INTENDED TO CARRY OUT THE
POLICIES OF THE CITY'S COASTAL LAND USE PLAN CONSISTENT WITH THE CALIFORNIA COASTAL ACT AND DIRECTING THAT ORDINANCE NO. 760 BE
TRANSMITTED TO THE CALIFORNIA COASTAL COMMISSION FOR FILING PURSUANT TO PUBLIC RESOURCES CODE SECTION 3051 0(A) AND IN ACCORDANCE WITH SECTION 13551(8)(2) OF TITLE 14 THE CALIFORNIA CODE OF REGULATIONS.
(Project No. 22-2151-LCPA/ORD)
WHEREAS, during its meeting of February 14, 2022, the City Council requested that staff prepare a report on how cities regulate chain stores and restaurants, also known as "formula businesses," that have standardized services, decor, methods of operation, and other features that make them virtually identical to businesses elsewhere; and WHEREAS, during its meeting on May 9, 2022, the City Council received information that a proliferation of formula businesses can have deleterious impacts on a community's health, safety, and welfare; and
WHEREAS, on May 23, 2022, the City Council was presented with options for a temporary moratorium on the establishment of any new formula businesses within the City of Carpinteria; and
WHEREAS, on June 27, 2022, the City Council approved Ordinance No. 755, an urgency ordinance establishing a temporary moratorium on the establishment of formula businesses in the City; and
WHEREAS, on July 11, 2022, the City Council considered, approved, and issued the required report pursuant to Government Code section 65858(d) describing measures taken to alleviate the conditions that led to the adoption of Ordinance No. 755. The report concludes that although the City has made progress toward enacting comprehensive formula business regulations, the conditions that led to the adoption of Ordinance No. 755 remain ongoing. At the same meeting, the City Council adopted Resolution No. 6146, initiating preparation and adoption of permanent regulations for the establishment of formula businesses within the City; and WHEREAS, on July 25, 2022, the City Council approved and adopted Ordinance No. 757, which extended the moratorium initiated by Ordinance No. 755 without change for an additional ten (10) months and fifteen (15) days following the date of expiration of Ordinance No. 755, which is June 26, 2023; and
25177214.3
Resolution No. 6192
WHEREAS, on December 5, 2022, the Planning Commission considered Ordinance No. 760 concerning the permanent regulations of formula businesses and forwarded its recommendation to support the Local Coastal Program Amendment with modifications to the City Council; and
WHEREAS, on December 5, 2022, the Planning Commission recommended that the City Council determine that Ordinance No. 760 is exempt from review under CEQA in accordance with CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15061 (b)(3), and recommended the City Council approve Ordinance No. 760 with modifications; and WHEREAS, on February 13, 2023, after considering the Planning Commission's recommendation, receiving public comment, due consideration, and discussion among the Council and staff, the City Council adopted this Resolution certifying that the proposed Ordinance No. 760 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. 760 be transmitted to the California Coastal Commission for filing pursuant to Public Resources Code section 30510(a) and in accordance with section 13551(b)(2) of Title 14 the California Code of Regulations; and
WHEREAS, on February 13, 2013, the City Council determined that proposed Ordinance No. 760 is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15061 (b)(3) because the proposed Ordinance generally prevents changes in the environment and thus has no potential for resulting in physical change to the environment, either directly or indirectly; and WHEREAS, the proposed amendments and additions to the City's certified implementation plan in Ordinance No. 760, approved for submittal to the California Coastal Commission by the City Council as set forth below and as attached hereto and incorporated herein by reference, reflect the findings and determinations of the Planning Commission and City Council; and
WHEREAS, a full and complete copy of the project materials (Project No. 22-2151- LCPA/ORD) is on file with the City's Community Development Department, located at 5775 Carpinteria Avenue, Carpinteria, California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The foregoing recitals are true and accurate and incorporated herein by this reference.
Section 2. Pursuant to Public Resources Code section 3051 0(a) and Government Code sections 65854, 65855 and 65856, the City Council held a public hearing on the proposed amendment to the Local Coastal Program and is transmitting all proposed 25177214.3
Resolution No. 6192
amendments and additions to the California Coastal Commission for submittal and filing pursuant to section 13551 (b)(2) of Title 14 of the California Code of Regulations.
Section 3. Ordinance No. 760 has been found by the City of Carpinteria City Council to appropriately carry out the policies of the City's Coastal Land Use Plan consistent with the California Coastal Act.
PASSED, APPROVED AND ADOPTED this 13th day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Mayor, City of Carpinteria
ATTEST:
City Clerk, City of Carpinteria
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 13 th day of February 2023.
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena S. Acos, Legal Counsel
Brownstein Hyatt Farber Schreck, LLP,
Acting as City Attorney
25177214.3
City of Carpinteria
Cour,rcrr- Aceruoe Srarr Reponr
February 13,2023
ITEM FOR COUNCIL CONSIDERATION
Adopt Resolution No. 6195, Approving the Measure A Five-Year Local Program of Projects for Fiscal Years 2023-24 through 2027-28.
STAFF RECOMMENDATION
1 . Adopt Resolution No. 6195, approving the Measure A Five-Year Local Program of Projects for Fiscal Years 2023-24 through 2027-28.
2. Authorize the Public Works Director to submit the Measure A Five-Year Local Program of Projects to the Santa Barbara County Association of Governments.
Sample Motion: I move to adopt Resolution No. 6195, as read by tile only, approving the Measure A Five-Year Local Program of Projects and authorizing submittal by the Public Works Director to the Santa Barbara County Association of Governments.
BACKGROUND
ln 1989, voters in Santa Barbara County approved Measure D for a one-half percent sales tax to be used for transportation programs and projects. ln November 2008, voters in Santa Barbara County approved Measure A that extended the one-half percent sales tax for 30 years. Measure A contains a strategic spending plan that includes regional projects as well as local programs and projects funded by monthly allocations to each local agency. Measure A requires each local agency to annually prepare a Measure A Five-Year Local Program of Projects for submittal to the Santa Barbara County Association of Governments (SBCAG).
The purpose of this agenda matter is to allow the City Council to consider and approve the Measure A Five-Year Local Program of Projects for submittal to SBCAG.
DISCUSSION
The Measure A Program (Measure A) is administered by SBCAG, of which the City of Carpinteria is a member agency (Vice Mayor Clark represents the City on the SBCAG Board of Directors). Pursuant to the Measure A rules, the City's Measure A Five-Year Measure A Five-Year Local Program of Projects for Fiscal Years 2023-24 to 2027-2g February 13,2023
Local Program of Projects (Program) must be presented in a public hearing and adopted by resolution prior to its submittal to SBCAG. Measure A funds mly only be spent on qualifying programs and projects that are described in the Program.
Measure A also requires a Maintenance of Effort expenditure by the local agencies.
The Maintenance of Effort expenditure requires each local agency to expend other discretionary non-Measure A funds for transportation programs and projects equivalent to the amount expended by the local agency. To meet thii requirement and receive Measure A funds, the City must continue to spend annually at least $16g,042 from discretionary non-Measure A sources of funds. The match expense is allocated from the Measure X Fund as the discretionary, non-Measure A source of funds. The City's current-year budget ensures that the Measure A match requirement will be mei.
Measure A also requires a minimum percentage of each local agency's allocation of Local Street and Transportation funds to be spent on eligible Alternaiive Transportation projects. The City's required minimum percentage for Alternative Transportation is 1Oo/o.
This percentage is a cumulative calculation and must be met or exceeded by the fifth year of the Program and every fifth year thereafter. Fiscal Year 2022-23 is the third program year in the current five-year period. The Alternative Transportation requirements are tracked annually through an audit process.
The City's audited Alternative Transportation spending through the first five years of the Program (Fiscal Year 2010-11 through FiscalYear ZOI+-lb) was 28.11X oitne City's total Local Street and Transportation funds allocation. The City's audited Alternative Transportation spending through the second five-year period (Fiscalyear 2O15-16 through Fiscal Year 2019-20) was 14.94% of the City's total Local Street and Transportation fu nds allocation.
Staff anticipates exceeding the minimum 10%o Alternative Transportation spending requirement for the current five-year Program period. Staff estimates current Alternative Transportation spending to be approximately 25% of the City's total allocation through Fiscal Year 2021-22. Staff also anticipates the following alternative transportation projects would increase the City's Alternative Transportltion percentage within the next fiscal year:
1. Franklin Creek Trail lmprovement Project (project includes accessible surfacing, safety fencing, and adjacent accessibility improvements to and from Aliso Elementary School along Franklin Creek Trail between Carpinteria Avenue and Seventh Street and Ninth Street between Franklin Creek Trail and Holly Avenue). 2. Citywide sidewalk maintenance.
With the adoption of Resolution No. 6195, the Program would allocate Measure A funds to the City's Street Maintenance and Capital lmprovements Programs. Measure A funds pay for both staff and consultanUcontractor costs associated with qualifying maintenance and capital project work. Attachment A to this Staff Repori is tfre proposed Program.
Measure A Five-Year Local Program of Projects for Fiscal Years 2023-24 to 2027-28 February 13,2023
Capital projects consist of projects included in the Capital lmprovements Program as well as projects that are considered capital maintenance. Capital maintenance projects are developed by the Public Works Department to address heavy maintenance needs such as curb, gutter, and sidewalk repairs and pavement maintenance. These projects are typically included in the annual Public Works Department's budget. Local public transit and alternative transportation projects are also qualifying expenditures for allocations under the Measure A program.
The table below shows the past years total annual Measure D/Measure Al revenues to the City, including annualAllocations and Grants, City expenditures for public transit services (i.e., Santa Barbara Metropolitan Transit District (SBMTD) Seaside Shuttle, Easy Lift, and Help of Carpinteria), and the Net revenue available annually for City maintenance and operations. The last column of the table reflects the net Measure D/Measure A allocations after expending money on the SBMTD Seaside Shuttle, Easy Lift, and Help of Carpinteria expenses; and Measure A grant monies received by the City. This is the amount available to address the Program and grant projects. 1 Under the Measure D Program, the City received Measure D fund allocations and then expended Measure D money on the SBMTD Seaside Shuttle. Under the Measure A Program, SBMTD receives a direct allocation from Measure A.
Fiscal
Year
Measure D
Allocation
Measure A
Allocation
SBMTD
Seaside
Shuttle
Easy Lift Help of
Carpinteria
Measure A
Grant
Programs
Net
04/05 $748,764 $o $54,802 $12,612 $5,000 $0 $676,350
05/06 $815,976 $0 $56,1 73 $12,612 $5,000 $0 $742,191
06t07 $748,857 $0 $57,577 $12,612 $5,000 $0 $673,668
07t08 $787,107 $0 $59,016 $12,612 $5,000 $0 $710,479
08/09 $709,093 $o $85,751 $12,612 $5,000 $o $605,730
09/1 0 $717,435 $0 $64,527 $12,612 $5,000 $0 $635,296
10t11 $0 $633,709 $0 $17,000 $o $0 $616,709
11t12 $o $800,356 $o $12,000 $5,000 $541,150 $1,324,506 12t13 $0 $648,772 $0 $12,000 $5,000 $263,623 $895,395
13t14 $o $624,459 $0 $12,000 $5,000 $o $607,459
14t15 $0 $725,334 $0 $12,000 $5,000 $0 $708,334
15t16 $o $748,818 $0 $12,000 $5,000 $447,044 $1 ,178,862 16t17 $0 $757,998 $o $12,000 $10,000 $o $735,998
17t18 $0 $910,479 $o $12,000 $5,429 $0 $893,050
18t19 $0 9772,022 $0 $12,000 $5,429 $0 $754,593
19t20 $0 $855,1 87 $o $12,000 $5,530 $85,938 $923,595
20t21 $0 $904,394 $0 $12,000 $5,430 $0 $886,964
21t22 $0 $801,800 $0 $12,000 $5,430 $275,1 88 $1,059,558 22t23 $0 $1,013,269 $0 $12,000 $5,429 $0 $995,840
Measure A Five-Year Local Program of Projects for Fiscal Years 2023-24 to 2027-2g February 13,2023
Measure A also provides for competitive alternative transportation grants. The City must compete for the Measure A alternative transportation grants, and the call for grani proposals occurs about every two or three years. Last year, the Public Worki Department submitted Cycle 5 applications for the Measure A Bicycle & pedestrian and Safe Routes to School Grant Programs for the Franklin Creek Trail lmprovement Project. The City was awarded $275,188 in grant funds for this proyect. The City has received a total of $1 ,338,155 in Measure A grants from the four previous cyclei; an average of approximately $134,000 annually. The competitive alternative transportation grants are to be used solely for capital projects and not maintenance. The total estimated cost of the proposed Program exceeds the available annual allocation to the City of Measure A Program revenue.
POLICY SISTENCY
The proposed Measure A Five-Year Local Program of Projects is consistent with the Circulation Element of the General Plan and Local Coastal Plan. The recommendation is also consistent with and serves to implement the City's Capital lmprovement Program.
The adoption of the Measure A Five-Year Local Program of Projects is a requirement of Measure A as established by Ordinance No. 5 of the Santa Barbara County Local Transportation Authority. Adoption of the Program obligates the City to expend Measure A funds on the projects listed in the Program;however, the program may be modified each year to reflect the changing priorities of the City Council. The program may also be amended during a program year subject to the approval of the SBCAG Board of Directors. Measure A funds are intended to be flexible, and adoption of the Program does not preclude the City from determining transportation priorities.
FINANC IAL CONSIDE TIONS
The five-year estimate of Measure A local apportionments has been made by SBCAG in the amount of approximately $4.9 million, and is shown in attached Resolution No. 6195. The total Measure A revenue amount includes a projected carry-over fund balance of $69,884 from the Fiscal Year 2022-2023 budget for a totaiof $5.0 million.
LEGAL D RISK MANAG ENT CONSIDE RATIONS
As a funding source for the City's transportation infrastructure, Measure A revenue and related programming for use are critical to mitigating the liability exposure and protecting public welfare and safety.
OPTIONS
Note: Ail amo u nts Shown tn table are actuals FY 201 7 -201 8 actual Measure A reven ue of $g 1 0,479 IS an anomaly due to a change tn accounting accruals to record revenues ea rned n that fiscal year as compa red Measure A Five-Year Local Program of Projects for Fiscal Years 2023-24 to 2027-28 February 13,2023
1. Adopt Resolution No. 6195, approving the Measure A Five-Year Local Program of Projects for Fiscal Years 2023-24 through 2027-28. (Staff recommendation)
2. Direct revisions be made and adopt the Measure A Local Program of Projects for Fiscal Years 2023-24 to 2027-28. The Measure A Local Program of Projects is due to SBCAG by February 28,2023.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at this meeting
ATTACHMENTS
Attachment A: Resolution No. 6195
Staff contact:
John L. llasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 7 55-4400; [email protected] ture
ATTACHMENT A
Resolution No.6195
RESOLUTION NO. 6195
A RESOLUTION OF THE CARPINTERIA CITY COUNCIL ADOPTING
THE MEASURE A FIVE-YEAR LOCAL PROGRAM OF PROJECTS
FOR FY 2023-24 THROUGH FY 2027.28
WHEREAS, on November 4,2008, the voters of Santa Barbara County approved Ordinance No. 5, the Road Repair, Traffic Relief and Transportation Safety Measure known as Measure A; and
WHEREAS, the Ordinance provides that the Santa Barbara County Local Transportation Authority shall annually approve a program of projects submitted by local jurisdictions identifying those transportation projects eligible to use Measure A funds during the succeeding five-year period; and
WHEREAS, the City of Carpinteria was provided with an estimate of annual Measure A local revenues for fiscal years 2023-24 through 2027-28 (Exhibit A); and WHEREAS, the City of Carpinteria has held a public hearing in accordance with Section 18 of the Ordinance;
NOW, THEREFORE, BE lT RESOLVED as follows
SECTION 1. The City of Carpinteria does hereby adopt the attached Five-Year Local Program of Projects (Exhibit B) to be funded in part with Measure A revenues and authorizes submittal to the Santa Barbara County Association of Governments.
SECTION 2. The City of Carpinteria certifies that it will include in its budget an amount of local discretionary funding for local streets and roads sufficient to comply with the Maintenance of Effort requirements contained in Section 27 of the Measure A Ordinance, and
SECTION 3. Pursuant to the Measure A ordinance, the City of Carpinteria will not use Measure A revenues to replace private developer funding that has been committed to a transportation project or would othenryise be required under current City policies.
SECTION 4. The City of Carpinteria has complied with all other applicable provisions and requirements of the Measure A Ordinance.
PASSED, APPROVED AND ADOPTED this 13th day of February,2023, by the following called votes:
Resolution No. 6195
AYES COUNCILMEMBER
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
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 13th day of February, 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. 6195
EXHIBIT A
TO RESOLUTION NO. 6195
Five-Year Estimate of Measure A Local Apportionments
Resolution No. 6195
THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A
CITY OF CARPINTERIA
Five-Year Measure A Revenue Estimate
Local Street and Transportation lmprovements
Citv of Carointeria $69.884 $984.30'1 $1.008.789 $940,706 $978,859 $1,013,134 $4.995.673 Carry-over
from prior
years
J urisdiction FY 23t24 FY 24t25 FY 25126 FY 26127 FY 27128 Total Alternative Mode Percentaqe 1Oo/o
Minimum to be Spent on Alternative
Modes bv FY 27128 $499.567
Resolution No. 6195
EXHIBIT B
TO RESOLUTION NO. 6195
Measure A Five-Year Program of Local Projects
Resolution No. 6195
THIS PAGE INTENTIONALLY LEFT BLANK
m
Exhibit B
City of Carpinteria
Five Year Measure A Program of Projects lFYs 23124 to 271281 Measure A Local Street and Transportation lmprovements Submittal Form (Figures in $000)
Local Street & Transportation lmprovoments Measure A Revenuea Non-Measure A RevonuoS Total Project Cost
Project Descriptions
FY 2021t22
Actual
Expenditures
Carry-over
from FY
21t22
Caray-over
from FY
22t23
FY 23t24 FY 24t25 FY 25t26 FY 26127 FY 27t28 TOTAL Measure A Revenues
Regional
Measure A
Programs lveasurc D
Remaining Local Stale Federal rOTAL Non-Measure I
Revenues
Slteel Mainlenance Prcoram s45 $6 s30 $50 s50 $53 $55 s244 $1.475 $1.719 $1.372 $1 372
s15.451
Pavemenl lllainlenance Proiecls $85 $6 $1.292 $1.002 $2.301 s2 5no $2.500 $4.801 $0
$0
$0
Jfun Fomfr Stmt Tft Prooam
$0 $0 $0
Slom Demed€ R6Mirlo TEn3ooftlion Fecililies
$0
s0
s163
$0 $0 $0
$0 $0 $0
$0
$332 $332
$0 $0
hndidoino Mrimenance
)0mmunitv Farm Privacv Fence Proiecl $0 $0
$0 s0 s0
$0
TOTAL $1,008 $o s69 $3,554 $4,430 S3,988 $2,646 $625 815,31 3 $1,000 $0 s11,477 $1,475 $'14,000 $27,952 s43,'t30 ForSanta Earban County
Only
2 Bikeway
Expenditure - Counl as
Allernative Transpodalion
Alternative Transportation Expenditures Measure A Revenues Non-Measure A Revenues Total Project Cost
Project Descriptions
Fy 2021t22
Actual
Expenditures
Cafiy-over
from FY
21t22
Carry-over
from FY
22t2X
FY 23t24 FY 24t25 FY 25t26 FY 26t27 FY 27 t28 TOTAL Measurc A Revenues
Regional
Measure A
Programs Measure D
Remaining Local state Fedeal TOTAL Non-lveasure !
$0
Cilv of Caminteria Allernalive Transoodalion Plan s0
Frankljn Creek Trail lmprovemenl Proiect s275
Pedestrian Bradoes Rehabilitali0n Proiecl s26
Ninih Street lfrorcvemenl Proiect - Hollv Avenue to Wesi End s897 s0 s0 s0
$0 $0
$0
{elo of Cerninleria DieLA-Ride Setuice s7 s6 s6
Prc0nms, Edu€lion, & lncsntivor to Reduce Singls Occupant Auto Trips ot 50 TOTAL EXPENDITURES $1,078 $o $69 $5,'l2s $5,556 $4,764 $4,170 $799 $'17,68s 11,27s $0 $'r1,527 $1,47s $14,000 $28,002 $44,865 roTAL l EASURE A ALLOCATTON (FY 2023t24 fO 2027t281 $17,685
MINIMUM ALTERNATIVE PERCENTAGE PRESCRIBEO BY INVESTIVENT PLAN TO BE MET BY FY 2024125 FOR FISCAL YEARS 2O2OI21 THROUGH 2024125 10%
TOTAL MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION $2,372 $2,372 PERcENTAGE oF l/tEASURE A ALLOCATION TO ALTERNATIVE
TRANSPORTATION 13.41%
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
February 13, 2023
ITEM FOR COUNCIL CONSIDERATION
Continuance of the off-leash dog park program at El Carro Park and consideration of additional sites.
STAFF RECOMMENDATION
Staff recommends that the City Council receive the report and provide direction to Staff as it determines appropriate.
Sample Motion: I move to direct staff to return with project plans for a dedicated offleash dog area at El Carro Park and to proceed exploring additional dedicated off-leash areas at Monte Vista Park and the Lagunitas park site.
BACKGROUND
At the meeting held on January 23, 2023, the City Council received a report on the outcomes of the El Carro Park off-leash pilot program and referred the matter to the City Council Public Facilities/Site Acquisition Committee (Carty, Nomura), to consider options for continued off-leash privileges in Carpinteria.
On January 26, 2023 the Committee heard a report on possible adjustments that can be made to the current off-leash pilot program at El Carro Park and also discussed options for additional sites for dedicated dog parks.
The Committee is requesting the City Council consider a fenced off-leash area at El Carro Park, and to evaluate Franklin Creek Park, Viola Fields, Monte Vista Park, Lagunitas park site at 6380 Via Real, and the City owned vacant lot at 399 Linden Avenue. The purpose of this agenda matter is for the Council to have the opportunity on act on the recommendations of the Committee.
DISCUSSION
Consideration of off leash areas in various locations, whether in existing City parks or in new undeveloped sites will each have unique circumstances. These include receptivity Dog Park Options
February 13, 2023
of the neighborhood, competing users, impacts due to the intensification of use in an existing park, the magnitude of site improvement costs, permitting and the time to deliver a project. Below is a summary evaluation requested by the Subcommittee of selected sites.
A most common approach cities take for a dog park is to create a dedicated and fenced off leash area that is not shared with other users and has been designed to meet safety and operational standards. If properly designed and located, a fenced off leash area may avoid many conflicts of use.
EL CARRO PARK
El Carro Park is just over 8 acres in area and serves as a community park with both passive and active areas, including sports field suitable for organized play. For the pilot off-leash program, the City designated the north El Carro field as the off-leash area and delineated it with signs to inform all Park users. In addition, the area was to be used for off-leash purposes during certain hours when sports programs are not present. The athletic fields are highly scheduled throughout the year by AYSO soccer and Carpinteria Valley Little League (CVLL). The park also features three barbecue sites, a play structure, a swing set and two restroom buildings. Allowing off-leash privileges in this already well used park presents challenges as the City learned during the pilot program.
The pilot program revealed that, while popular with dog owners, off-leash use at El Carro Park raised concerns including conflicts with youth sports practice, excessive barking disturbing some neighbors, and noncompliance with scheduled hours and the designated off-leash area. Testimony was provided to the Council that off-leash dogs could intimidate some people, discouraging their use of the Park. Excessive dog waste was also reported.
Should the City Council desire to continue to allow off leash privileges in El Carro Park and ameliorate issues of concern, a fenced area that is farther away from residences could improve pilot program chances of success. A preliminary space analysis of the Park (see below) shows that an area could be fenced in order to function as a dedicated dog park area. While the fenced area is large enough to be used for sports play, this is not recommended due to the expected need for additional inspection, maintenance and repairs necessary to transition from dog park to sports field use. The fenced off-leash area is also outside the outfield fences seasonally deployed by Little League and no closer than 75 feet from the nearest residence.
Dog Park Options
February 13, 2023
White line represents fence line. Red line defined possible 10U soccer field
FRANKLIN CREEK PARK
Franklin Creek Park, is a neighborhood park, about 1 acre in size, located along Sterling Avenue. It is approximately 600 feet long and 50 feet wide and unfenced along the street frontage. At its southern end, a swing set is located adjacent a trail that provides a pedestrian connection through the Park between Sterling and El Carro Lane. The park has a grove of trees that include large sycamores and young coast live oaks.
Designating Franklin Creek Park as an off-leash area is possible (see below); however, unlike El Carro Park, it is a small passive neighborhood park with no history of active recreation use. The park has no off-street parking. Further consideration of this site should include defining a fencing plan. The park does not currently have a water fountain, that is a desirable amenity to any more intensively used park. Under drought conditions, the grass in this park is allowed to dry up to reduce water usage and landscape service demands such as mowing. This dry condition is known to be less desirable for dogs and consideration of returning to irrigated turf may be appropriate of dog park use is pursued. Staff believes Franklin Park is a less desirable option for off leash dog park use due to its configuration and history of passive use.
Dog Park Options
February 13, 2023
MONTE VISTA PARK
This 3.66 acre neighborhood park features a play structure that is scheduled for replacement this spring. The Park also has three barbecue sites, a restroom, a walking path with benches, a significant number of mature trees, and 1.75 acres of open grass area. The grass area is used irregularly for sports practices. The park is well used by the surrounding multifamily residences. A space analysis of this park (see below) suggests that approximately ½ acre of turf area is available that could be fenced while leaving sufficient grass area for continuation of sports practices consistent with its history. Staff recommends this site be further studied for a sanctioned off leashed area.
Dog Park Options
February 13, 2023
399 LINDEN AVENUE
The City purchased this parcel of land in 2013 from Union Pacific Railroad. It is a little under 1.5 acres in area, flat, and 75' wide by 830' long. It has no improvements, including no water service. An interim multipurpose trail has been approved that would run the length of the property, providing a pedestrian connection between Linden Avenue and Holly Avenue (see below). The site has also been studied for a possible public parking lot. The addition of an off leash area at this location, while possible, would be constrained by the trail and (depending on siting) could create conflicts with neighboring residents. For these reasons, staff believes this location is less than desirable to pursue.
399 Linden Avenue
VIOLA FIELDS
Viola Field is a part of the 53 acre Carpinteria Bluffs Nature Preserve; a community park. Viola Field is 5 acres in size and is improved and used for organized soccer and softball use. Use of the property is restricted to the terms of a Conservation Easement held by the Land Trust of Santa Barbara County. The Conservation Easement expresses as its purpose to uphold defined conservation values for the Property that includes all 54 acres in the Carpinteria Bluffs Nature Preserve. A term of the conservation easement is that no permanent fencing not shown on the original improvement plan is allowed.
An exception to this prohibition is allowed for public safety purposes. The site has drinking fountains, a restroom and parking, and there are no nearby residences. Since fencing is prohibited, a significant signage program would be required, which would detract from the natural beauty. An unfenced off-leash area could be expected to result Dog Park Options
February 13, 2023
in some of the same user conflict issues. It is also predicable that off-leash dogs would be problematic in the nature preserve areas of the preserve. For these reasons, staff believes this area should be considered less than desirable for off leash dog park use.
Should the City Council wish to further explore creating off leash privileges at Viola Fields, Staff suggests consultation with the Land Trust for Santa Barbara County, the Carpinteria Open Space Advisory Board (COSMAB) and the Citizens for the Carpinteria Bluffs.
LAGUNITAS PARK SITE
The Lagunitas property is approximately 2.5 acres in area and was acquired by the City for park and open space purposes. The property is currently unimproved. A conceptual park design was prepared for this site that included a dedicated off leash area, pickle ball courts, picnic areas, parking and restrooms. The nearest portion of the park site is separated from residences by Lagunitas Creek corridor and a dedicated dog park could be sited further away (see below). To complete the park as shown in the concept plan will require adequate time, approximately two years, to obtain permitting and funding.
While the concept plan shows a fully improved park, once permits are acquired, the phased implementation could be considered as funds become available. Staff recommends that the Lagunitas park site be pursued for a dedicated dog park.
Dog Park Options
February 13, 2023
CONCLUSIONS
Should the City Council decide to create a fenced off leash area in El Carro Park, Staff recommends it be relocated as shown in the photo of El Carro Park above. Should the City Council provide this direction to staff, a more detailed fence design with a project cost will be brought back for further City Council consideration. Staff would work expeditiously to implement that relocation to time it with the reopening of the fields this spring.
The City Council could also direct staff to pursue additional off leash areas as shown in the described locations with recommendations to pursue Monte Vista Park and ultimately Lagunitas.
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 expected to be important to the program's success moving forward. With this said, it is not clear whether or not C-DOG currently has the capacity and/or interest in expanding its volunteer program to cover other sites 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.
Dog Park Options
February 13, 2023
FINANCIAL CONSIDERATIONS
Should the City Council implement additional fencing to create a dedicated off-leash area in El Carro Park or other locations, 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
1. The City Council could extend or suspend the off-leash program indefinitely with or without adjustments.
2. The City Council could pursue installation of a fenced area for El Carro Park and/or other locations
3. 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
A: Lagunitas Park Concept Design
B: Site Photos
Staff contact: Matthew Roberts
(805), 755-4449, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Dog Park Options
February 13, 2023
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Dog Park Options
February 13, 2023
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February 13,2023
ITEM FOR COUNCIL CONSIDERATION
Amendments to the Downtown "T" Encroachment Guidelines, authorizing a parklet as an allowed encroachment of the City of Carpinteria public right-of-way in the Downtown "T" Business District.
STAFF RECOMMENDATION
A. Adopt Resolution No. 6174, approving the amended Downtown "T" Encroachment Guidelines.
B. Provide direction concerning development of Downtown "T" Encroachment Permit fees for parklets and refer the matter to the Finance Committee for recommendation(s).
Sample Motion: I move to
A. Adopt Resolution No. 6174, approving the amended Downtown "T" Encroachment Guidelines.
B. Direct staff concerning development of Downtown "T" Encroachment Permit fees for parklets, as discussed by the City Council, and refer the matter to the Finance Comm ittee for recommendation(s).
BACKGROUND
Temporary COVID-19 Outdoor Business Permit Program
On May 21,2020, the COVID-19 Recovery Committee recommended the enactment of temporary permit regulations in order to allow for essential and lower-risk businesses to use their private property outdoor spaces and City public rights-of-way for limited business operations in a manner consistent with the health orders of the County of Santa Barbara Health Officer. Specifically, because the health orders' social distancing requirements, effectively prohibited indoor dining and other gatherings, the COVID-19 Recovery Committee supported allowing owners/operators to temporarily conduct such business activities outdoors in order to support the businesses during the pandemic.
On May 26,2020, the City Council approved urgency Ordinance No. 744, which established the Temporary COVID-19 Outdoor Business Permit Program ("Temporary Program") for allowing limited business operations in the City's public right-of-way and .l Downtown "T" E ncroach ment Guidelines Amend ment
February 13,2023
Page2
privately-owned outdoor spaces, as well as waiving the related City fees for the permits lh9 Temporary Program was extended by the City Council four times (Ordinance Nos. 746,749,754, and 761) since its adoption and is set to expire on June 30, 2023.
Concurrent with its second extension of the Temporary Program (Ordinance No. T4g), the City Council also directed staff to initiate the legislative frocess for parklets to be allowed as another type of encroachment into City rights-of-way under the Downtown "T" Encroachment Guidelines.l The time extensionJallow par(lets permitted under the Temporary Program to remain in place until the City amends the Downtown "T" Encroachment Guidelines. The Temporary Program extension is also intended to allow sufficient time for existing holders of Temporary Program permits to apply for a new encroachment permit under an amended Downtown "T" Encroachment Guidelines should one be adopted by the City Council.
Since the beginning of the Temporary Program, ten (10) permits have been issued for business operations in the City's public right-of-way. Twenty-One (21) permits have been issued for business operations in privately-owned outdoor spaces.
Stakeholder Outreach
ln March 2022, staff conducted an in-person public workshop at The Carpinteria Seal Fountain, 850 Linden Avenue. The public workshop was an opportunity for the Downtown "T" business owners to provide input on the potential prefabricated modular parklet designs. During the public workshop, staff disseminated survey forms about con_cept designs and other various survey questions about parklet location, number, preferences among others. Staff received a total of thirteen (13) completed surveys. ln June 2022, staff presented the proposed amended Downtown "T" Encroachment Guidelines ("amended Guidelines") to the City Council's Public Facility Site Acquisition/Development Committee, including adding an allowance for parklets. The Committee provided general direction as to aesthetici, size of parklets, noticing of adjacent businesses, potential restrictions on the number of parklets that could be permitted, and for the parklets walls to have open railing types for public safety. [ lrlY 2022, staff presented the amended Guidelines to the Traffic Safety Committee (TSC) The TSC recommended for access to be in compliance with the Americans with Disabilities Act (ADA) standards, consideration of accommodating larger parklets where street widths could accommodate them, incorporation of open raiiing designs, and for parklets to be closed to the public when not in use by the business. - The amended Guidelin_es were presented to the Architectural Review Board (ARB) at its meeting in July 2022. Only two Downtown "T" businesses, Giannfranco's Trattoria (666 Linden Avenue) and The Worker Bee Caf6 (973 Linden Avenue), commented. Neither of those businesses supported parklets in the City's public rights-of-way. After receiving the public comments, the ARB recommended for standardized design details includingopen railings, allowances for low intensity, night sky-friendly lighting, prohibition of 1 The Downtown "T" Encroachment Guidelines have been in place since its adoption in 200g (City Council Resolution No. 5092).
Downtown "T" Encroachment Guidelines Amendment
February 13,2023
permanent roofs, incorporation of landscaping within parklets, selection of durable materials for ease of maintenance, and prohibition of business signage in or on the parklet.
ln September 2022, staff conducted a survey of the Downtown "T" businesses regarding whether there is interest in a permanent parklet program. The survey queried permit holders of existing temporary parklets on 1) if they were interested in replacement of temporary parklets with permanent ones and 2) if the cost of the prefabricated modular parklets would change their interest. The City sent out seven surveys and received responses from each of the permit holders. All seven of the respondents favored a permanent parklet program; however, four of the respondents said they would likely decline to participate if initial parklet costs to the business remained in the estimated range of $14,000 to $16,000.
On December 5, 2022, the Planning Commission recommended (4-1 vote) for the City Council to approve Resolution No. 6174, which, if adopted, would approve the amended Guidelines including the permitting of parklets. The Planning Commission action included direction to revise the amended Guidelines as follows:
o Allow an initial five-year permit term for parklets.
o Allow heaters and canopies to remain stored in parklets after business hours . Allow parklets to remain in place during the Avocado Festival.
At the Downtown "T" Business Advisory Board (DTBAB) Meeting of January 5,2023, staff also presented the amended Guidelines as modified by the Planning Commission The DTBAB received staffs report and found no exceptions.
As currently established, the Temporary Program permits that also have been issued for privately-owned outdoor space locations will expire on June 30,2023. After the Temporary Program sunsets, any outdoor business activities will be required to cease including the removal of any improvements and restoration of the outdoor area to their prior condition, unless superseded by a separate, regular development and/or land use permit.
The purpose of this agenda matter is for the City Council to consider adoption of Resolution No. 6174, approving the amended Guidelines, provide any direction at this time that it determines appropriate concerning fees, and refer the matter of creating an appropriate fee structure to the Finance Committee for recommendation(s).
DtscusstoN
The Temporary Program allowing parklets is set to expire on June 30,2023, in accordance with urgency Ordinance No. 761. Resolution No. 6174 would authorize the amended Guidelines effective on July 1,2023. Current holders of a Temporary Program permit for parklets will be required to apply for a new encroachment permit for conformance with the amended Guidelines on or after July 1 ,2023. Further, a Downtown "T" business with an expired Temporary Program permit before July 1 ,2023, Downtown "T" Encroachment Guidelines Amendment
February 13,2023
that wishes to continue with its parklet encroachment, will be required to apply for a new encroachment permit under the amended Guidelines.
The processing of permits for encroachments other than parklets will continue as normal under the current Downtown "T" Encroachment Guidelines during the period when the amended provisions and fees are being established.
Amended Downtown "T" Encroachment Guidelines
Pursuant to Section 12.08.105 (Commercial use of rights-of-way) of the Carpinteria Municipal Code, the Downtown "T" Encroachment Guidelines may be modified from time to time. The amended Guidelines are a part of Resolution trt6. Ot 74 as shown in Attachment A. The amended Guidelines would continue to be exclusively applicable to the city's public right-of-way in the Downtown "T" business district.
The proposed modification to the existing Downtown "T" Encroachment Guidelines would add parklets as a permissible type of encroachment. The modification for a parklet was based, in part, on input from Downtown "T" businesses that participated in a public workshop and survey, as well as the recommendations from the various aforementioned City advisory and discretionary bodies. The table below provides a summary of topics addressed and recommendations of the various City advisory and discretionary bodies, and where related provisions are located in the pioposed - amended Guidelines.
Public Facil Site uisition/Deve nt Committee
Traffic Committee
Recommendation Amended Guidelines Section
o Aesthetics DEG25 through DEG46,
Additional Parklet Amenities,
Pre-Approved Parklet Vendors
o Size of parklets DEG25, DEG37, DEG38,
DEG39, DEG42, Parklet Plan
View and Section View Lavouts
o Notici of nt businesses Custom Parklet
a Potential restrictio NS on the number of parklets
that cou td be itted
lnitial Term of Permit
o Parklets walls to be of open railing types for
ublic
DEG38
Recommendation Amended Guidelines Section
o Access to be in compliance with the Americans
with Disabilities Act standards
DEG36
sideration of accommodating larger parklets
where street widths could accomm
. Con
odate them
DEG25
. lnco oratin railin des ns DEG38
o Parklets to be closed to the public when not in
use the business
Not considered by Planning
Commission; DEG30
Downtown "T" Encroachment Guidelines Amendment
February 13,2023
Architectural Review Board
Planni Commission
The amended Guidelines prescribe the following eligibility criteria for permitting a parklet:
Parklet Eligibility
1. Must be a restaurant as defined in Section 8.08.820 of the Carpinteria Municipal Code.
2. Must be on a street where the posted speed limit is 25 miles per hour or less.
3. Must be on the bottom floor of the building and fronting onto a public sidewalk with adjacent on-street parking (may be all-day, time limited parking, or loading zone).
lnitial Term of Permit:
The initial term of the encroachment permit for a parklet would be for five (5) years. lf the permittee desires to extend the parklet use beyond this initial term, the permittee is required to apply for a permit renewal including providing updated insurance information. Following the initial term of the parklet encroachment permit, further terms will be no greater than year-to-year thereafter. The initial term of an encroachment permit or extensions thereof, however, remains subject to Carpinteria Municipal Code Sections 12.08.1 10 and 12.08.130, which require the permittee to hold the City harmless related to the encroachment permit and authorize removal of the encroachment u nder certain circumstances.
Recommendation Amended Guidelines Section
. Standardized design details including open
railinqs
DEG38
o Allowances for low intensitv Add itional Parklet Amen ities o Niqht skv-friendlv liqhtinq Additional Parklet Amenities o Prohibition of permanent roofs DEG43
o Incorporation of landscapinq within parklets Additional Parklet Amenities . Selection of durable materials for ease of
maintenance
Pre-Approved Parklet Vendors,
Custom Parklet, Custom
Parklet
. Prohibition of business signage in or on the
parklet
DEG29, DEG31
Recommendation Amended Guidelines Section
o Allow an initial five-vear permit term for parklets lnitial Term of Permit . Allow heaters and canopies to remain stored in
parklets after business hours
Additional Parklet Amenities
. Allow parklets to remain in place during the DEG28
Avocado Festival
Parklet Area Limits
Downtown "T" Encroachment Guidelines Amendment
February 13,2023
A parklet will be allowed in a single parking space directly in front of the permittee's business, and, if allowed, a maximum of two (2) parking ipaces per business may be used for a parklet. Two adjacent businesses may combine to use up to four (4) pirking spaces. Parklets for a single business may be permitted a second parking sda'cb if th; second parking space is in front of the business, or if the adjacent business is a joint permittee.
Downtown Carpinteria Parking Study
The amended Guidelines considered the findings and recommendations of the Downtown carpinteria Parking study (study).2 Tne study makes various recommendations concerning planning for future parking demand. While acknowledging the loss of on-street parking is an inherent downside to parklets, the Study does recommend for the City to consider a permanent parklet program as a means for {nproving the pedestrian and bicycling experience in the'Dofrntown. Specifically, the Study concludes that, on balance, parklets would be a benefit to the Downtown-"T" area. The excerpt from the Study is shown as Attachment C.
POLTCY CONSISTENCY
General Plan/Coastal Land Use Plan
The Planning Commission determined the proposed amended Downtown ,,T,' Encroachment Guidelines can be found consistent with the following goals, objectives, and/or policies of the General Plan and Local coastal Land Use plJn:
Land U Element
Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding sprawl development at the City's edge.
Policy LU-3d: Establish a commercial sector that balances the retail and service needs of citizens and tourists.
Policy LU-39: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town charicter.
Policy LU-3h: Develop land uses that encourage the thoughtful layout of transportation networks, minimize the impacts of vehicles in the community, and encourage alternative means of transportation.
Policy LU-3i: Ensure the provision of adequate services and resources, including parking, public transit and recreational facilities, to serve proposed development. 2 On November22,2021,theCity Councilaccepted the Downtown Carpinteria parking Study Downtown "T" Encroachment Guidelines Amendment
February 13,2023
Communitv Desiqn Element
Objective CD-7 Enhance and maintain the Linden Avenue downtown core, the Carpinteria Avenue commercial core, the Eugenia Professional office area, the Casitas Village, Shepard's place Shopping Center, and the Cindy Lane-Mark Avenue industrial park districts.
Objective CD-8: To encourage and facilitate pedestrian and bicycle pathways. Policy CD-8a: All streets should be designed with safe and pleasant pedestrian ways at their edge. Pedestrian ways shall be spatially separated from vehicular traffic by elements such as trees, other plantings, streetlights, and/or parked cars.
Policy CD-8b: To provide convenient pedestrian routes, the existing network of automobile lanes, trails and pedestrian ways in the Downtown District and adjacent neighborhoods should be preserved, reinforced and extended into other neighborhoods This pedestrian network should be in addition to, not in lieu of pedestrian ways on the streets,
Objective CD-9: To ensure that streets enhance the established city framework and design.
Objective CD-11: Existing public spaces should be maintained, and new public spaces should be incorporated into neighborhoods and districts as an important aspect of their design.
Policy CD-11(b): Public spaces should be located and designed to encourage their use during the day and in the evening. The time and type of use for each space should be planned to be compatible with adjacent land uses, and with any existing flora and fauna that are to be preserved.
Policy CD-1 1(c): All public spaces and facilities should reflect quality design.
Objective CD-13: Ensure that lighting of new development is sensitive to the character and natural resources of the City and minimizes photo pollution to the maximum extent feasible.
Policy CD-13b: Lighting shall be low intensity and located and designed so as to minimize direct view of light sources and diffusers and to minimize halo and spillover effects.
CD-13-lmplementation Policy 6: Exterior lighting on commercial development shall be designed to complement the building and shall be at the minimum height and intensity required to ensure public safety.
Objective CDS2A-2: Preserve and enhance the downtown's historic status as the center of commercial activity of the city by encouraging a range of uses that serve both residents and visitors.
Downtown "T" Encroachment Guidelines Amendment
February 13,2023
Page I
Policy CDS2A-b: Ensure that intensified land uses within the subarea support a lively place to visit, live, work and shop, and that the scale and character of the District remain consistent with the city's "small beach town" image.
Policy CDS2A-c: Encourage the gradual but systematic transformation of Carpinteria Avenue from a highway commercial strip to an integrated downtown street similar in character to Linden Avenue.
Policy CDS2A-d: Enhance the pedestrian character of the District's streets, plazas, paseos, parks and lanes.
CDS2A lmplementation Policy 26: The provision of small spaces with benches, fountains, public art and other special elements that encouiage people to gather and linger in public should be encouraged, particularly where they support businesses, such as sidewalk cafes.
CDS2A lmplementation Policy 27: Gardens or plazas should be located adjacent to viable commercial uses or designed for a specific active uses, such as a children's play area.
CDS2A lmplementation Policy 28: Curbside parking is encouraged to provide con-venient parking for businesses and coastal access and to piovide an additional buffer between pedestrians and traffic.
2022 Annual Work Plan
At the beginning of each year, the City Council works with the City Manager and department heads to prepare the Annual Work Plan. The Annual Work plan describes prior year's work plan accomplishments, discusses strategic initiatives for the City to undertake and identifie,s sn6 prioritizes departmental work efforts for the ensuing year.
The development of a Downtown "T" Parklet Permit Program was identified as ifiiglt priority task for lhe 2022 Annual Work Plan and remainJa part of the recenfly appr6ved 2023 Annual Work Plan. The proposed amended Downtown "T" Encroachment. '
Guidelines would fulfill this task.
FINANCIAL IDERATIONS
Development of Parklet Program Fees
Should the City Council allow for parklets as a part of the Downtown "T" Encroachment Program, it should also consider amending and/or adding fees necessary to cover City costs and to establish payment, as determined appropriate, for private uie of public property. Pursuantthe City's Master Fee Schedule, the current encroachment permit fees are set at $195 for a new permit application and $120 for the annual renewal.
1. Administration Cost
This fee is related to the cost for the City to provide permit application and inspection services. This fee cannot exceed the cost to the City for providing the services. lt is Downtown "T" Encroachment Guidelines Amendment
February 13,2023
expected that, in addition to development permit application fees (should an applicant select to apply to build a custom parklet) parklet fees would be much greater than current Downtown T Sidewalk Encroachment Permit fees due to parklets being a larger type of encroachment that requires engineering review for conformance with the design criteria including ADA standards and related inspections.
2. Operations and Maintenance Cost
The operations and maintenance cost are related to the service cost for the City to annually operate and maintain the City's public right-of-way including any special cleaning of sidewalks, curbs, and gutters due to the parklet. Similar to the administrative cost, setting the new parklet fee would require the City to first complete a fee assessment study in order to determine what this service cost would be. The City Council could then set the new parklet fee to the amount determined to be necessary for cost recovery.
3. Purchase or Construction Cost
The City Council may want to consider the potential costs to the applicant and/or the City for initial establishment of the parklet. The amended Guidelines offers applicants the option of building a custom parklet or purchasing a prefabricated modular parklet. Either of these options represent significant initial purchase or "upfront" cost. The potential costs of prefabricated modular parklets as shown in Attachment B range between $14,000 and $16,000 excluding parklet amenities. The estimated cost of a custom parklet that is built on site ranges between $25,000 and $100,000, depending on the design features. As described previously, four of the seven current temporary parklet permit holders contacted via survey by the City balked at the prospect of fronting costs in these ranges. As an alternative to the applicant covering this up-front cost to establish a parklet, the City Council may consider:
o A loan program where City pays a part or full up-front costs and applicant repays City over time.
o A subsidy program where City pays a portion of up-front costs. o A lease program where City pays all or part of up-front costs and applicant repays City over time as a part of a space lease for use of the right-of-way. Such a lease could also include parklet maintenance and replacement over time.
4. Space Lease
The City Council may also wish to consider requiring applicants enter into a lease for parklets that represent all or a portion of the value of the space as determined by a study of market rates for commercial space leases.
Downtown "T" Encroachment Guidelines Amendment
February 13,2023
Gity Service Cost Study Update
Staff selected the consulting services firm of Revenue & Cost Specialists to prepare the service cost study update, which includes updating to the City's master fee schedule and an additional task of developing the parklet fee. The consultant possesses extensive experience with calculating fees for public right-of-way use of outdoor encroachments such as parklets. Since the service cost study update is just in the beginning stage, the additional task will be included in the consultants work at no additional cost. The parklet fee determination would be concurrent with the other service cost determinations to be included in the master fee schedule as one package deliverable. The service cost study update will be starting within this month df February, and delivery of the draft update study is anticipated for April2023 at the earliest.
Referral to Finance Committee
Given the complexity of options for establishing a fee associated with a parklet permit program and the need for input from the City's consultant working on the service cost study update, staff recommends for the City Council to provide direction, as it sees fit, and refer the matter to the City Finance Committee for development of an initial recommendation for an appropriate fee structure.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with Section 12.08.105 (Commercial use of rights-ofyay) of the Carpinteria Municipal Code. The City Attorney's Office also reviewed both Resolution No. 6174 as to form and the amended Downtown "T" Encroachment Guidelines.
Should the City Council approve the amended Downtown "T" Encroachment Guidelines, the City's Downtown "T" Encroachment Permit form including standard conditions will be updated for parklets. Further, insurance and indemnificatibn requirements will be reviewed by the City's insurance carrier, California Joint Powers lnsurance Authority, for any updates for parklets.
OPTIONS
Adopt Resolution No. 6174, approving the amended Downtown "T" Encroachment Guidelines and provide direction concerning development of Downtown "T" Encroachment Permit fee for parklets. (Staff recommendation) Direct changes to the proposed amended Downtown "T" Encroachment Guidelines. This option could include or may require extension to the Temporary COVID-19 Outdoor Business Permit Program.
Decline to approve recommendations and direct staff as determined appropriate with regard to the disposition of the Temporary COVID-19 Outdoor Business Permit Program.
PRINCIPAL PARTIES EXPECTED AT MEETING
Downtown "T" businesses
1 2
3 Downtown "T" Encroachment Guidelines Amendment
February 13,2023
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Staff contact:
John L. llasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 7 55-4400; [email protected]
Resolution No.6174
Potential Prefabricated Parklet Costs
Excerpts of Downtown Carpinteria Parking Study
ATTACHMENT A
Resolution No. 6174
RESOLUTION NO. 6174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA AMENDING THE DOWNTOWN "T'' ENCROACHMENT
GUIDELINES TO INCLUDE PARKLETS AS AN ALLOWED
TYPE OF ENCROACHMENT
WHEREAS, the City has the authority to regulate the stopping and standing of parking as authorized under Section 22507 of the California Vehicle Code; and
WHEREAS, the City's permit program for public right-of-way encroachments is set forth in Chapter 12.08 (Street and Sidewalk Encroachments) of the Carpinteria Municipal Code; and
WHEREAS, on January 14,2008, the City Council approved Resolution No. 5092 adopting the Downtown "T" Encroachment Guidelines; and WHEREAS, parklets are a small public gathering space, occupying parking stalls, on a public street, used either as an extension of sidewalk dining, or as a standalone dining area, connected visually to, and for use by patrons of a nearby restaurant or food service establishment. Parklets can be separate or extensions of the sidewalk area and are designed to meet accessibility and safety needs. Parklets are subject to all the terms and conditions of the associated restaurant or food service establishment's permits including permits and licenses related to alcohol consumption; and
WHEREAS, parklets can help to improve the public outdoor space by activating the streetscape and providing greater opportunities for people to socialize and interact with others. Parklets have been used in many communities throughout California and the United States and have been shown to enhance a sense of public safety and decrease crime; and
WHEREAS, activating outdoor spaces through measures such as parklets has been found to benefit the economic vitality of downtown commercial districts; and
WHEREAS, during the COVID-19 pandemic on May 26, 2020, the City Council approved urgency Ordinance No.744, which established the Temporary COVID-19 Outdoor Business Permit Program ("Temporary Program"). The City successfully allowed temporary parklets with outside dining through the Temporary Program; and
Resolution No. 6174
WHEREAS' concurrent with its second extension of the Temporary Program (Ordinance No. 749), the City Council also directed staff to initiate the legislative process for parklets to be allowed as another type of encroachment into City rights-of-way under the Downtown "T" Encroachment Guidelines; and WHEREAS, on November 22,2021, the City Council accepted the Downtown Carpinteria Parking Study, dated June 21 ,2021. The City's Downtown Carpinteria Parking Study also identified public parking surplus within the overall Downtown "T" area, and the effective use of the City's public parking resources such as with parklets can help enhance the Downtown "T" area's character; and wHEREAS, the city's Downtown carpinteria parking study finds the conversion of a few spaces on Linden Avenue to parklets is anticipated to have a negligible impact on the total supply of parking in the Downtown "T" area, and the benefits of attractive and enjoyable outdoor space can be a net benefit compared to the number of parking spaces removed; and
WHEREAS, the City Council deems the permitting of parklets to be in the best interest of the Carpinteria community; and
WHEREAS, by adopting the provisions of this Resolution to allow parklets as a right-of-way encroachment balances the needs of the parklet permittee with City's interests in improving economic opportunities and the protection of public safety; and
WHEREAS, the Traffic Safety Committee held a public meeting on July 20,2022, and provided comments on the amended Guidelines; and WHEREAS, the Architectural Review Board held a public meeting on July 28,2022, and provided comments on the amended Guidelines; and WHEREAS, the Planning Commission held a public meeting on December 5,2022, and recommend approval of the amended Guidelines and related exemptions from the California Environmental Quality Act (CEQA) to the City Council; and
WHEREAS, the City Council has reviewed the amended Guidelines and determined them to be consistent with applicable General Plan and Local Coastal Plan policies including, among others:
Policy LU-3d: Establish a commercial sector that balances the retail and service needs of citizens and tourists.
Policy LU-39: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character.
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Resolution No. 6174
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Policy LU-3h: Develop land uses that encourage the thoughtful layout of transportation networks, minimize the impacts of vehicles in the community, and encourage alternative means of transportation.
Policy CD-Ba: All streets should be designed with safe and pleasant pedestrian ways at their edge. Pedestrian ways shall be spatially separated from vehicular traffic by elements such as trees, other plantings, and/or parked cars.
Policy CD-1 1c: All public spaces and facilities should reflect quality design.
Policy CDS2A-b: Ensure that intensified land uses within the subarea support a lively place to visit, live, work and shop, and that the scale and character of the District remain consistent with the City's "small beach town" image.
Policy CDS2A-d: Enhance the pedestrian character of the District's streets, plazas, paseos, parks, and lanes; and
WHEREAS, the City Council intends to amend the existing Downtown "T" Encroachment Guidelines ("amended Guidelines") to allow parklets in order to build on the success of the Temporary Program and improve business opportunities and the quality of life of residents and visitors; and WHEREAS, the amended Guidelines also are consistent with Chapter
12.08 (Street and Sidewalk Encroachments) of the Carpinteria Municipal Code entitled; and
WHEREAS, the amended Guidelines will supersede and replace any previous guidelines concerning encroachments in the Downtown "T" area; and WHEREAS, The City Council finds that this Resolution is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15301(c) (existing facilities), '15303(e) (new construction of small structures), 15305(b) (minor alterations in land use limitations, and 1531 1(c) (accessory structures).
Resolution No. 6174
NOW, THEREFORE, BE lT RESOLVED as foilows:
SECTION 1. The above recitals are true and correct, and incorporated herein by this reference.
sEcrloN 2. The amended Downtown "T" Encroachment Guiderines attached as Exhibit I are adopted.
SECTION 3. The amended Downtown "T" Encroachment Guidelines shall be effective on July 1,2023.
PASSED, APPROVED AND ADOPTED on February 13, 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, 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 February 13,2023.
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
Resolution No. 6174
APPROVED AS TO FORM
Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
EXHIBIT 1 TO RESOLUTION NO. 6174
Amended Downtown'rT" Encroachment Guidelines
City of Garpinteria
Downtown nT" Encroachment Guidelines
The City of Carpinteria (City) regulates encroachments in the City's public right-of-way under Chapter 12.08 (Street and Sidewalk Encroachments) of the Carpinteria Municipal Code. The regulations establish the authority and process for allowing certain types of encroachments that are determined to be necessary or beneficial to the public interest and can be conducted in a manner that will not jeopardize public health and safety. The Downtown "T" Encroachment Guidelines were adopted by the City Council and are updated from time to time.
Encroachment Defined:
The City defines an encroachment as any item, good, material or merchandise placed on a City street or right-of-way. For the purposes of these guidelines, the encroachments addressed are those of a commercial nature that occur near or adjacent to the storefronts and sidewalk areas of businesses in the Downtown "T" commercial district.
Downtown "T" Area Map:
1 Putpose:
The purpose of the Downtown "T" Encroachment Guidelines is to promote safe and attractive use of the public areas in the Downtown District. The City also aims to maintain and preserve existing public facilities and properties. These guidelines are intended to assist applicants and business owners in establishing attractive and safe encroachments that benefit both the Downtown business community and the citizens that enjoy those public spaces.
Oroan ization:
These guidelines are organized as follows:
. General Guidelines
. Location and Dimensions
. Maintenance and Operational Standards
. Golors and Materials
. Outdoor Displays
. Umbrellas and Outdoor Furniture
. Planters and Landscaping
. Alcohol Seruice
. Parklets
. Other Types of Encroachments
. Downtown "T" Encroachment Requirements
The following sections include references to the Carpinteria Municipal Code and the City's General Plan and Local Coastal Plan. All applicable policies, standards and guidelines ire shown in italics.
General Guidelines
The City's interest in reviewing applications for encroachment permits relates to the safety and well-being of the public and the promotion of the Downtown as a vital and attractive pedestrian district. The City's goal is to maintain the highest standards of accessibility and safety while achieving an attractive and functional design. ln general, allowed encroachments should complement public use and improvements. ln no case shall encroachments be permitted which serve to exclude the public from any public sidewalk or street.
Items permitted to encroach in the City right-of-way shall comply with all requirements of the Carpinteria Municipal Code and the City's General Plan and Local Coastal Plan. The City will deny an encroachment permit application that it determines does not comply with these guidelines or any other standard or regulation set forth by the city. 2 Location and Dimensions
Encroachments may be allowed where it can be determined by the City that the encroachment would not result, individually or cumulatively, in a narrowing of the sidewalk such that important functional attributes of the Downtown, (€.g., ability of pedestrians to stroll side-by-side and to pass comfortably for significant stretches, lingering and windowshopping) are not jeopardized. The location and dimensions of any item located in a public place shall meet these minimum guidelines and applicable local, state, and/or federal laws or regulations.
DEG1 - Encroachments shall be allowed so as to maintain a clear path of no less than six feet.
The City Manager may permit paths of travel of no less than four feet in instances where safe access can be determined.
DEG2 - Encroachments shall not block safe access to businesses, parking spaces, bike stalls, or other spaces required by local, state or federal building or safety codes.
DEG3 - Encroachments shall not encroach into the areas near corners of sidewalks or where crosswalks are present. This area shall be defined with a 1S-foot area, beginning near the crosswalk or curb cuts. (See figure below)
Main St.
DEG4 - Tables shall not exceed 42 inches in width at the greatest dimension.
DEGS - Chairs shall not extend into the required accessible walkway at any time. Chairs -t
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Planters
12 lnch Curb Buffer
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must be at a scale appropriate to the size of the table or space available for seating.
DEGG - Portable outdoor heating devices are prohibited. Permanenfly mounted heating devices shall be reviewed by the Public Works Director for safety and aesthetics, and Lquire separate building permit review.
DEGT - The Public Works Department may require the Architectural Review Board to review any items placed in the City right-of-way that are not ctearly consistent with these guidelines.
Maintenance and Operational Standards
DEGS - Maintenance of sidewalk or parklet encroachments shall be the sole responsibility of the permit holder.
DEG9 - Any item permitted to be placed in the City right-of-way shall be maintained in a safe manner so as not to obstruct pedestrian access to public sidewalks, access ramps or doonrays. Movable items, like chairs, shall be positioned to prevent obstruction of access routes at all times. The permitted item shall be, if moved by patrons, relocated to the appropriate location at all times.
DEGI0 - All materials shall be well maintained without stains, rust, tears or discoloration.
Materials that show signs of significant wear/age shall be replaced.
DEG1l - Umbrellas shall be constructed of durable fade resistant materials.
Colors and Materials
The types of materials placed on City sidewalks shall portray a well maintained and aesthetically appealing streetscape. The variety of uses thai exist in the Downtown require a cohesive Guideline of allowed materials, colors and variation of items permitted in the common commercial area.
DEG12 - All items located on the public sidewalk shall be constructed of durable materials appropriate for use in the public rights-of-way. Folding chairs, lightweight materials, deteriorated, U.V. damaged, splintered or other similar furniturJwiil not be approved or placed in the rights-of-way. Sealed or painted metal or wood tables are recommended.
DEG13 - Permitted encroachments shall be complimentary in material, color and design to the buildings they serve and are adjacent to.
DEG14 - Table cloths, umbrellas and similar materials used as part of an encroachment, shall be clearly described in the project application (material samples may be required). All materials shall be painted, stained, etc., in a solid color; stripes and patterns are discouraged.
DEGl5- street furniture shall not contain signs, advertising, or logos.
Outdoor Displays
DEG16 - sales racks shall not be permitted within the city righlof-way. 4 DEG17 - Outdoor displays shall be limited to single items or object displays or a few examples of items or goods sold in the store and must comply with all other standards of these guidelines.
Umbrellas and Outdoor Furniture
DEG18 - Umbrella shades shall have approved solid colors. Patterns and stripes are discouraged.
DEG19 - Umbrellas shall be installed and maintained so as to provide pedestrian clearance by maintaining seven (7) feet of clearance from the sidewalk to the lowest edge of the umbrella. Umbrellas shall not exceed a maximum height of nine (9) feet from the base to the top portion of the pole.
Planters and Landscaping
DEG20 - The use of pots and other planters should be kept to a minimum and used against buildings to accent openings. Planters shall not be used to define seating areas or othenrvise cordon off the public sidewalk for private use.
DEG21 - Planters shall be of a variety and maintained so as to not drain onto the sidewalk or street.
DEG 22 - Plant materials shall be high quality and shall be maintained in viable condition at alltimes.
DEG23 - Debris or litter caused by planters or nearby landscaping shall be maintained or cleaned by the responsible business or property owner. Debris, stains or litter shall be cleaned or removed by the responsible business or property owner.
DEG24 - Planters and landscaping shall be trimmed to maintain the required six-foot clearance required by DEG1.
Alcohol Seruice
No alcohol shall be served in outdoor areas in the public right-of-way unless approved by the City and California Department of Alcoholic Beverage Control.
Parklets
Parklets are a small public gathering space, occupying parking stalls, on a public street, used either as an extension of sidewalk dining, or as a stand-alone dining area, connected visually to, and for use by patrons of, a nearby restaurant, or food service establishment. They may also be used for public or private seating, bicycle parking, or other sidewalk type uses Parklets can be separate or extensions of the sidewalk area and are designed to meet accessibility and safety needs. When requirements of this section conflict with other Downtown "T" Encroachment Guidelines for the purpose of installing a parklet, the requirements of this section shall prevail. See attached Parklet Plan View and Section View 5 Layouts.
Parklet Eligibility:
1. Must be a restaurant as defined in Section 8.08.820 of the Carpinteria Municipal Code.
2. Must be on a street where the posted speed limit is 25 miles per hour or less. 3. Must be on the bottom floor of the building and fronting onto a public sidewalk with adjacent on-street parking (may be all-day, time limited parking, or loading zone). lnitial Term of Permit:
The initial term of the Permit will be for five (5) years. lf the Permittee desires to extend the parklet use beyond this initial term, Permittee shall submit a complete renewal application and updated insurance information. Following the initial term of the Permit, furthei permit terms will be no greater than year-to-year thereafter. The initial term of a permit or extensions thereof, however, remains subject to Carpinteria Municipal Code Sections
12.08.1 10 and 12.08.130.
Parklet Requirements:
DEG25 - Parklets will be allowed in a single parking space directly in front of the permittee's business, and, if allowed, a maximum of two (2) parking spaces per business may be used for a parklet. Two adjacent businesses may combine to use up to four (4) parking spaces.
Parklets for a single business may be permitted a second parking space if the seiond parking space is in front of the business, or if the adjacent business is a joint permittee.
DEG26 - Parklet including the street, roadway, or pavement underneath parklet shall be clean and free of all debris. Parklet shall be maintained in a safe, clean, and attractive condition at all times.
DEG27 - Parklet will be required to be inspected at time of installation and on an annual basis thereafter or before renewal of the Permit.
DEG28 - Parklet may be required to be removed or made removable a minimum of 24 hours before the start of the Avocado Festival when notified by the City and/or the Avocado Festival at least four weeks in advance.
DEG29 - Advertisement of the business will be allowed to be placed on the outside sides of the parklet facing parked cars up to a maximum total signage area of 16" x20" each. The preferred signage type would be the business logo. The allowed signage shall not be on the side facing the street. No additional advertisement signage shall be poiteO within the inside of the parklet other than incidental to the service to customers. Where more than one business shares a parklet, each business will be allowed to have an advertisement sign up to the maximum allotted size described herein.
DEG30 - Parklet shall be for Permittee's business use during business hours and shall be available for public use during non-business hours.
DEG31 - A sign of business hours shall be conspicuously posted at the entrance of the parklet. The sign design shall conform to the following detail and be 10-inches high by 20- inches wide (see figure below):
6 PARKLET
IBUSrNEss NAMEI SEATING HOURS
MON-FRI 12:30 PM - 10 PM
SAT-SUN2PM_9PM
OPEN TO THE PUBUC ALL OTHER HOURS
DEG32 - Wheel stops shall be installed 18-inches from the curb at the edge of the parking spaces in front of and behind the parklet. Wheel stops shall extend out to 6-feet from the curb and shall be made of recycled rubber with reflective bands on the outside end and facing the parking space. Wheel stops shall be mounted to the roadway in conformance with the manufacturer's designs and details.
DEG33 - Reflective delineators (e.9. Safe-Hit Durapost or approved equal by the City Engineer) shall be installed at the outside end of the wheel stops. Delineators shall not be placed within 1-foot of a bike lane or 2-feef of a vehicle lane. Raised reflective markers shall be placed along the parklet side of the bike lane or vehicle lane at 2-feet intervals along the entire parklet space including side buffers.
DEG34 - Reflective elements shall be installed along the corners of the parklet facing oncoming vehicular traffic. The reflective element shall be a minimum of a single element that is at least 6-inches in length and 2-inches wide or multiple elements that together add up to 6-inches of reflective length and each 2-inches wide.
DEG35 - Parklet shall not obstruct access to utility facilities including, but not limited to, drainage inlets, manholes, vaults, boxes, cabinets, and valves. Parklet shall be placed no closer than 1S-feet from a fire hydrant, within 6-feet of a transit stop, nor within 6-feet of a driveway. Parklet shall not obstruct any traffic control device within the City right-of-way.
DEG36 - Parklet shall be oriented parallel to the curb and ramped to provide access to the entire parklet in conformance with the Americans with Disabilities Act (ADA) standards.
DEG37 - Parklet shall be located at least 4-feet from the wheel stops and no more than 6- feet, 6-inches from the curb face where there is an 8-foot-wide parking space. Where the parking area is wider, the parklet may be wider by the same amount the width is over 8-feet.
Parklet area may extend onto the sidewalk a minimum of 2-feet and maximum of 6-feet provided there is a minimum of 6-feet clear from the edge of the parklet extension to the building or public right-of-way, whichever is closer. At the approval of the City, this clear space requirement may be reduced to S-feet where there is fixed public infrastructure that restricts sidewalk clear space.
DEG38 - Parklet outside railing adjacent to the bike lane shall not be less than 3O-inches nor greater than 42-inches in height. Side railing that faces parked vehicles shall not be less than 24-inches nor greater than 42-inches in height. Parklet railing panels shall be visually open, 7 such as mesh, rails, slats, or a similar design as approved by the City Engineer. Visually transparent material may be installed on the inside of railing panels.
DEG39 - A minimum setback of 2-feet shall be provided from the edge of an adjacent bike lane or 4-feet from the edge of a vehicle travel lane.
DEG40 - Parklet shall contain a minimum of two fixed (2) public use seats for use during nonbusiness hours.
DEG4{ - Parklet including, but not limited to, any part, component, and element, except the roadway attached wheel stop, shall not be permanently affixed, installed, placed, or connected to the City right-of-way including, but not limited to, street, roadway, pavement, curb, gutter, sidewalk, parkway, street tree, streetlight, and traffic control device.
DEG42 - Parklet shall be placed in at least one (1) parking space or 2O-feet from the curb return of a street intersection corner. The presence of a curb extension, bicycle corral, or other physical barrier will allow the applicant to place the parklet adjacent to tnat facility if the City determines that safe sight distance is provided.
DEG43 - Parklet shall not have any solid roof and/or walls or other opaque materials above the railing. Parklet shall not have any covered structure with the exception of shade canopies and umbrellas made of flexible materials. Vertical pole or post type elements to place lighting, solar panels, or to hold shade canopy fabric or similar flexible materials for temporary shade may be permitted on a case-by-case basis. These lighting, solar panels, shade canopies, or vertical pole elements may remain in place during non-business hours. canopy materials and design are subject to city review and approval DEG44 - Parklet may be of any color subject to City approval and may be referred to the Architectural Review Board.
DEG45 - No television, projector, radio, speaker, and other visual and/or audio playing electronic entertainment devices shall be used within the parklet area. Outdoor iive entertainment is prohibited unless othenruise permitted under Chapter 5.40 of the City's Municipal Code.
DEG46 - No cords, cables, wires, or other external electric service or supply connection shall be used. Generators shall not be used. Any proposed lighting shall be approved by the City prior to installation or as a part of the permit.
Additional Parklet Amenities
The following additional amenities may be allowed to be a part of a parklet as approved by the City and subject to any applicable discretionary review:
furnisninW - ln addition to the public use seating requirements, private furnishings including tables and chairs may be set or placed inside parklet. Private furnishings shall be removed out of parklet at the end of business hours. Furnishings may be distinct from any furnishings othenryise used by the permittee's businesi.
Land9gepjng - Landscaping is not required. However, landscaping is encouraged to be integrated into the parklet railing and sides, or placed within the parklet. permittees are encouraged to use drought-tolerant and native plants.
Heatins - Outdoor heating elements may be used inside the parklet. Outdoor heating a
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elements will require separate permitting and approval by the Fire District and/or City Building and Safety as stated in DEG6 above. Heating elements may remain stored within the parklet during non-business hours and shall not block use of public seating areas.
Liqhtins - Self-contained solar- or battery-powered LED lighting systems may be used inside parklet if they do not interfere with or impact street traffic and pedestrians using the sidewalk. Permissible lighting shall be low intensity, hooded, downward-oriented and night sky-friendly in design.
Bicvcle Parkinq - Bicycle parking may be installed by the applicant or the City in areas adjacent to the parklet including the street area between the parklet and a parking wheel stop. lf bicycle parking is installed by the City, it will be maintained by the City.
Bicycle parking installed by the Permittee shall be reviewed and approved by the City as a part of the Permit, and shall be maintained by the Permittee.
Pre-Approved Parklet Vendors
The City has pre-approved the following parklet vendors that the applicant may consider. All product models and designs proposed from any of these vendors shall conform to the requirements herein:
L Modstreet
2. Archatrak
lf used, the pre-approved vendor designs may be subject to an expedited permit review and approval.
Custom Parklet
For the purpose of these guidelines, the term, "custom parklet," refer to any parklet that is not from one of the City pre-approved vendors stated above. A custom parklet will be considered by the City for approval, and may be referred to the Architectural Review Board. Custom parklets shall conform to the standards described in Parklet Requirements (DEG 25 through DEG 46) and may include the types of amenities as described in Additional Parklet Amenities. Custom parklets shall conform to all applicable City building code requirements.
Custom parklet designs shall be prepared by a qualified professional such as a licensed contractor, engineer, or architect.
Other Types of Encroachments
DEG47 - Other types of encroachments, not anticipated in these guidelines, may be considered and permitted by the City, but must comply with the purpose and intent of these guidelines.
Downtown "T" Encroachment Requirements
Applicants seeking an encroachment permit to allow for encroachments into the City's public right-of-way in the Downtown "T" shall submit the following materials to the Public Works Department for review and approval:
a Application and Fee - Complete the appropriate encroachment permit application and 9 o
submit the corresponding application or renewal fee.
Description - Detailed written description that includes the number, style and type of material.
Diagram - Scaled drawing showing proposed Encroachments in relation to existing sidewalk, business frontage, parking, or landscape areas. lmages - Applicant shall provide photographs of the proposed material(s)/furniture.
Maintenance Responsibility - Applicant shall maintain the permitted location free from all debris. For permitted parklet, applicant shall maintain free from all debris in, within, on, and under thereof. The term, debris, shall include, but not limited to, garbage, litter, loose material, refuse, rubbish, scrap, trash, and/or waste pieces or remainl.
Pedestrian Access - Applicant shall maintain the required pedestrian access set forth by the permit, these guidelines or any other safe access requirements. lndemnification and lnsurance - lssuance or renewal of an encroachment permit shall be contingent upon the applicant signing the City's indemnification and hold harmless agreement. The applicant shall also provide proof of insurance in accordance with Chapter 12.08 of the Carpinteria Municipal Code. Minimum coverage limits will be established by the City at the time of application.
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Attachment: Parklet Plan View and Section View Layouts
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11 Section View
ATTACHMENT B
Potential Prefabricated Parklet Gosts
-l
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Potential Prefabricated Parklet Costs
$14,911$20,11S
&8Tz
$664$?21
$es
12'x 6'
26'x 6'
E$ra Plantsr
Extra 3' fiailingfxtra 4' tailing
LFD Ughted
Umbrella
$12,400$21,900
$s00$1s5
$1,300
$tso
12'x 6'
24'x 6'
Ground Planter
Hanging Planter
bcira 4' Railing
Pole for Hanging
Ughts
[,lodslrcst
Acceesorieg
ATTACHMENT C
Excerpts of Downtown Carpinteria Parking Study
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WALKER
CONSULTANTS Downtown Carpinteria Parking Study
33-2129.00
Additionally, TNCs have the potential to provide some benefits to parking demand, as those that arrive by TNC will not need to park a personal vehicle.
. Provide dedicated pickup/drop-off space for Transportation Network Companies (TNCs, such as Uber and Lyft).
Pa rk lets
The City of Carpinteria expressed interest in exploring the opportunity to allow for parklets in the downtown. A parklet reimagines on-street parking as places to "park" people instead of cars, expanding the sidewalk into one or more on-street parking spaces. The intent of parklets is to provide more space for people and people-oriented activity. Parklets provides the opportunity to provide street amenities such as seating, landscaping, public art, or bicycle parking, among others.
ln response to the Covid-19 pandemic, the City has allowed temporary parklets for some businesses on Linden Avenue. Since then, there has been interest in making these permanent.
Similar to a public park, parklets are typically open to the public and allows for a free flow of communiiy activity.
Parklets can also be established for the exclusive use of a business or a combination of both - i.e. for patrons of a businesses for a set number of hours and then open to the public.
Many cities across the country have implemented parklets in varying capacities with great success in generating community and economic development by attracting more people to retail corridors where they are shopping, people watching or just plain havingfun. Businesses have reported aI0%lo 20% increase in sales when parklets were built.6 Further, studies have shown that parklets can activate a commercial district by encouraging people to visit when they otherwise would stay home,
Given that Linden Avenue and Carpinteria Avenue are relatively long streets for walking, there is an opportunity to use one or more parklets to create a more comfortable pedestrian experience, allowing pedestrians a place to rest and relax. Further, given that outdoor dining areas on Linden Avenue can block pedestrian access, moving dining areas to a parklet opens the sidewalk back to pedestrians.
The City can partner with local businesses and other organizations to lease the right-of-way and create parklets that provide additional outdoor seating for a restaurant or provide.additional public space. A similar program in Portland, Oregon, called the StreetSeat Program, allows businesses and non-profits to build flex spaces based on City approvalfor a fee of 55,520. Parklets work well outside of existing restaurants or cafes, especially those with no cost Wi-Fi. The City can partner with these locations to assist in the responsibilities and upkeep of the space (e,9. taking in chairs, move diningtables, etc.). Parklets should be ADA accessible and outfitted with seating and planters to provide a barrier to the street.
6 Metropolitan Planning Councilstudy of Chicago's People Spots, 2014 available at www.metroplanning.org/peoplespots Recommendation Summary - Tra nsportation Networl< Companies WALKERCONSULTANI5 I 104
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I,UALKER CONSULTANTS Downtown Carpinteria Parking Study 33-2129.00
Figure 32: Parklet with Outdoor Seating and Bike Parking Example While the City may partner with a business, it is also recommended that the parklets remain publicly available and not for the exclusive use of this business for at least some of the time. This allows the space to remain part of the public realm and not exclude members of the public.
Beyond just dining or sitting, flex spaces may be used for bike or scooter parking. Some flex spaces may be designed to allow for a combination of both seating and parking for bikes or scooters.
Some additional benefits of flex space include
o Flex space increases foot traffic around nearby businesses, providing a positive economic impact o Can provide a traffic-calming effect on the street
r Enhanced pedestrian experience
o lncrease sense of place and community
lf it is the community's desire to retain parking on Linden Avenue and Carpinteria Avenue, parklets may also be considered along side streets, This provides additional public space while still being within close proximity to the commercial downtown.
lmpacts of Parklets on Downtown Parking
The primary drawback to parklets is that they reduce public on-street parking. Considerations would need to be made in regard to how and where this parking would be displaced. However, while the space could accommodate one parked vehicle, a parklet could provide space for several pedestrians, additional seating, and bike parking.
With the existing surplus of parking, the conversion of a few spaces on Linden Avenue to parklets should have an imperceptible impact. Over time, as parking demand increases in downtown, the parking management strategies recommended as part of this study should aid in continuing to mitigate in any potential loss of parking due to pa rklets.
The City may also consider providing limits on the number of parklets allowed per block (e.g. one or two per block) to limit the amount of parking displaced. Some cities also require parklets to be designed to be removable. This allows the City more flexibility in requiring parklets to be removed some of the time (e.g. a parade or community WALKERCONSULTANTS I 105