Carpinteria City Council
April 24, 2023

City of Carpinteria
City Council Regular Meeting Agenda
Monday, April 24, 2023
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 Teleconference Location: Sheraton Grand Sacramento Hotel Lobby, 1230 J Street, Sacramento, CA 95814
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
April 24, 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 inperson in the City Council Chambers). Additional options may be made available at the meeting.

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

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449: The City Council may consider Councilmember(s) request to participate in the meeting remotely under the regulations of AB 2449 by making the necessary findings and voting on whether the Councilmember(s) may participate remotely.

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

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 City Council Regular Meeting Agenda
April 24, 2023

questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.

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

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.

1. Approve the minutes of the regular meeting held April 10, 2023.

2. Receive and file the Expenditures for the period beginning April 1, 2023 and ending April 14, 2023.

3. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds for the Month of March 2023.

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

5. Accept the in-kind and cash donations made to the City.

ADMINISTRATIVE MATTERS:

6. Code Compliance Quarterly Report Q1, 2023.

Recommendation: Receive and file quarterly report.

Staff Presenter: David Hernandez, Code Compliance Officer II a. Staff Report
b. Public Comment
c. City Council Determination
City Council Regular Meeting Agenda
April 24, 2023

7. Chalk Up Carpinteria 2023 Special Event.

Recommendation: (1) Approve Special Event Permit Application for the Chalk Up Carpinteria 2023 and (2) Approve an appropriation of $2,000 from the Parking Business Improvement Area fund, account no. 210-162-5601, and authorizing expenditure of $8,000 from the Community Services Support program, account no. 104-162-5601.

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

8. Report on Street Lighting District No. 1 for Fiscal Year 2023-2024.

Recommendation: Adopt Resolution Nos. 6226 and 6227, acting to accept and file the mandatory Annual Report and set the matter for the continuation of Street Lighting District No. 1 for Fiscal Year 2023-24 for public hearing at the regular City Council meeting of May 22, 2023.

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

9. Report on Lighting, Landscaping and Right-of-Way Improvement District No. 3 for Fiscal Year 2023-24.

Recommendation: Adopt Resolution Nos. 6228 and 6229, acting to accept and file the mandatory Annual Report of the City Engineer and set the matter of the continuation of Lighting, Landscaping and Right of Way Improvement District No. 3 for Fiscal Year 2023-24 for public hearing at the regular City Council Meeting of May 22, 2023.

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

10. Report on Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2023-24.

City Council Regular Meeting Agenda
April 24, 2023

Recommendation: Adopt Resolution Nos. 6230 and 6231, acting to accept the mandatory Annual Report and Budget and to set the matter of the continuation of Parking and Business Improvement Area District No. 4 for Fiscal Year 2023-24 for public hearing at the regular City Council meeting of May 22, 2023.

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

11. Report on Winter Protection Berm Assessment District No. 5 for Fiscal Year 2023-24.

Recommendation: Adopt Resolution No. 6232, acting to accept the mandatory Annual Report and Budget and to set the matter of the continuation of Assessment District No. 5 for Fiscal Year 2023-24 for public hearing at the regular City Council Meeting of May 22, 2023.

Staff Presenter: John L. Ilasin, Public Work Director
a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING: NONE (***Item No. 12 moved from Public Hearing to Other Business)

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:

12. Approve the first reading of Ordinance No. 765, an Ordinance of the City Council of the City of Carpinteria, amending Carpinteria Municipal Code Sections 8.20 and 12.24 pertaining to public sleeping and camping.

Recommendation: (1) Approve the first reading of Ordinance No. 765, amending CMC Sections 8.20 and 12.24, as read by title only; (2) Find that approval and adoption of Ordinance No. 765 is exempt from CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines; (3) Receive and file the Administrative Policy for Enforcement of CMC Sections 8.20 and 12.24; and (4) Receive and file the Overnight Camping Notice used in connection with CMC Sections

8.20 and 12.24.

City Council Regular Meeting Agenda
April 24, 2023

Staff Presenter: Dave Durflinger, City Manager
a. Staff Report
b. Public Comment
c. City Council Determination

13. Authorization concerning an easement and accompanying agreements for the Carpinteria Valley Water District El Carro Park Groundwater Monitoring Wells Project.

Recommendation: Authorize the City Manager to execute the Easement Deed, Easement Agreement, and License Agreement on behalf of the City of Carpinteria as property owner for the El Carro Park Groundwater Monitoring Wells Project. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

14. 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, and disposition of the outdoor space permit program for private property.

Recommendation: (1) Adopt Resolution No. 6174, approving the amended Downtown “T” Encroachment Guidelines, (2) Direct staff in the selection of a cost recovery rate towards purchase of prefabricated modular parklets, (3) Direct staff with respect to the development of an outdoor space permit program for private property, and (4) Initiate process to extend the Temporary COVID-19 Outdoor Business Permit Program.

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

15. Bob Hansen Creeks Preservation Program Annual Report.

Recommendation: Receive a presentation on City efforts to protect and restore City creek resources as part of the Bob Hansen Creeks Preservation Program.

Staff Presenter: Nick Bobroff, Principal Planner and Erin Maker, Environmental Program Manager
City Council Regular Meeting Agenda
April 24, 2023

a. Staff Report
b. Public Comment
c. City Council Determination

16. Annual report on the progress being made implementing the City’s General Plan.

Recommendation: Accept the 2022 General Plan Annual Progress Report and direct the Community Development Director to submit the Report to the Governor’s Office Planning and Research.

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

17. Reclassification of the limited term Principal Planner position and eliminating the limited term authorization and establishing it as a regular permanent full-time position.

Recommendation: Adopt Resolution No. 6233, reclassifying the limited term Principal Planner position assigned to advanced planning duties and eliminating the limited term authorization
Staff Presenter: Michael Ramirez, Assistant City Manager a. Staff Report
b. Public Comment
c. City Council Determination

18. Receive and act on the recommendations of the City Manager Succession Process Committee to: (1) Enter into an agreement with Regional Government Services (RGS) for executive search services for the City Manager position; and (2) Initiate amendment to the City Manager Residency Requirements of Carpinteria Municipal Code Chapter 2.08; and (3) Authorize an update of the City Manager contract form via current agreement with Liebert Cassidy Whitmore (LCW).

Recommendation: (1) Authorize executive search services to be conducted by RGS as a part of the existing agreement between City and RGS; and (2) Initiate amendment to the City Manager Residency Requirements of Carpinteria Municipal Code Chapter 2.08; and (3) Authorize work by LCW as necessary to prepare a draft updated City Manager contract for Council consideration.

Staff Presenter: Dave Durflinger, City Manager
City Council Regular Meeting Agenda
April 24, 2023

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
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)
City Council Regular Meeting Agenda
April 24, 2023

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)
c. Senior Services Planning Committee (Lee & Solórzano) d. Civic/Youth Engagement Committee (Lee & Nomura)
e. City Council Housing Element Committee (Clark & Nomura) f. City Manager Succession Process Committee

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 May 8, 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, April 19, 2023, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.

City of Carpinteria
City Council Minutes
Regular Meeting
Monday, April 10, 2023
In-Person and Virtual

CALL TO ORDER
Mayor Clark called the meeting to order at 5:30 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
Mack Carlson, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria
Brian C. Barrett, City Clerk
Michael Ramirez, Assistant City Manager
Erin Maker, Environmental Program Manager
Robert Howard, Public Works Supervisor
Olivia Uribe Mutal, Program Manager
John L. Ilasin, Public Works Director
Steve Goggia, Community Development Director
Teresa Ilasin, Management Analyst II

PLEDGE OF ALLEGIANCE
Mayor Clark led those present in the salute to the flag COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:

There were no Councilmember requests for remote participation.

AGENDA MODIFICATIONS:

Mayor Clark noted that Item No. 4 was removed from the agenda.

City Council Regular Meeting Minutes
April 10, 2023

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:

1. Presentation of Community Partner/Business Award for 2021 to Two Trumpets.

Mayor Clark and the City Council presented the business award to Lea Boyd representing Two Trumpets. Ms. Boyd thanked the City and provided remarks.

2. Presentation of Community Partner/Business Award for 2022 to The Carpinteria Skate Foundation.

Mayor Clark and the City Council presented the business award to members of the Skate Park Foundation. Peter Bonning with the Skate Park Foundation provided remarks.

3. Proclamation Designating the Week of April 23 – 29, 2023, as “National Library Week.”
Mayor Clark and the City Council presented the proclamation to City Librarian Jody Thomas.

4. Presentation of 2023 Surf ‘n’ Suds Beer Festival by En Fuego Events.

This item was not heard as En Fuego Events withdrew their request to present to the Council.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
Mayor Clark temporarily adjourned the meeting at 5:41 pm.

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Clark reconvened the meeting at 5:47 pm.

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

CITY MANAGER’S REPORT
City Manager Durflinger noted the Night-Sky Friendly Lighting Policies & Regulations Memo and said that these regulations and policies will be revisited as part of the General Plan/Local Coastal Plan Update and Zoning Ordinance Update. He also mentioned the Planning Commission Actions memo.

City Council Regular Meeting Minutes
April 10, 2023

Assistant City Manager Ramirez provided an update on the Senior Services Planning Ad Hoc Committee and the senior services programs/activities.

Environmental Program Manager Maker provided an update on the Household Hazardous Waste Day which occurred this past weekend.

Public Works Supervisor Howard introduced Ruben Estrada, Maintenance Worker I in the Parks, Recreation and Public Facilities Department.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Kristina Calkins
Emails distributed: Susan Mailheau
CONSENT CALENDAR:

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 5 through 10. 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.

5. Approve the minutes of the regular meeting held March 27, 2023.

6. Receive and file the Expenditures for the period beginning March 18, 2023 and ending March 31, 2023.

7. Adopt Resolution No. 6219, Commending and Congratulating Gregg and Geri Ann Carty Upon Being Named Carpinterians of the Year for 2022.

8. Adopt Resolution No. 6220, Commending and Congratulating Stephanie Ramirez Garcia Upon Being Named Junior Carpinterian of the Year for 2022.

9. Adopt Resolution No. 6222, Recognizing and Commending Kathy and Andy Sheaffer for Outstanding Volunteer Service to the Carpinteria Community.

10. Receive and file the Single Audit Report for the Fiscal Year Ended June 30, 2022.

City Council Regular Meeting Minutes
April 10, 2023

ADMINISTRATIVE MATTERS:

11. Adoption of the Local Hazard Mitigation Plan Update and Amendment to the Safety Element of the City’s General Plan to incorporate by reference the City’s 2022 Hazard Mitigation Plan, pursuant to Government Code Sections 8685.9, and 65302.6.

Recommendation: Adopt Resolution No. 6221, adopting the 2022 Local Hazard Mitigation Plan as an annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) and approving an amendment to the General Plan Safety Element to incorporate by reference the City’s 2022 Local Hazard Mitigation Plan, pursuant to Government Code Sections 8685.9, and 65302.6.

Program Manager Uribe Mutal presented the staff report and PowerPoint presentation.

Speakers in-person: Catherine Overman
Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to adopt Resolution No. 6221, as read by title only, adopting the Local Hazard Mitigation Plan and approving an amendment to the General Plan Safety Element to incorporate by reference the City’s 2022 Local Hazard Mitigation Plan, pursuant to Government Code Sections 8685.9, and 65302.6.

Councilmember Nomura requested that the motion be modified to include an annual update of the Local Hazard Mitigation Plan. Program Manager Uribe Mutal noted the Local Hazard Mitigation Plan is looked at on a regular basis per the Hazard Mitigation Guidebook requirements. Councilmember Nomura withdrew his request to modify the motion.

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.

12. Resolution No. 6223, Adopting the Road Maintenance and Rehabilitation Account Fiscal Year 2023-24 Project List.

Recommendation: Adopt Resolution No. 6223, approving the Road Maintenance and Rehabilitation Account Fiscal Year 2023-24 Project List.

City Council Regular Meeting Minutes
April 10, 2023

Public Works Director Ilasin presented the staff report.

There was no public comment.

Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to adopt Resolution No. 6223, as read by title only, approving the Road Maintenance and Rehabilitation Account Fiscal Year 2023/24 Project List. 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.

PUBLIC HEARING:

13. Adoption of Resolution No. 6218 (Attachment A) approving the 2023-2031 Housing Element of the Carpinteria General Plan as revised to address comments from the California Department of Housing and Community Development (HCD) and other interested parties (General Plan Amendment No. 22-2157-GP).

Recommendation: Receive staff presentation and public testimony; find the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and adopt Resolution No. 6218 approving the 2023-2031 Housing Element and directing the City Manager to submit the Housing Element to the California Department of Housing and Community Development for review.

Community Development Director Goggia introduced Consultant John Douglas with JHD Planning LLC who presented the staff report and PowerPoint presentation.

Mayor Clark opened the public hearing at 7:40 pm.

Speakers in-person: Patrick O’Connor, Catherine Overman, and Jim Taylor Emails distributed: Sam Fearer on behalf of the California Coastal Commission Mayor Clark closed the public hearing at 7:44 pm.

Motion by Councilmember Nomura, seconded by Councilmember Lee, to approve the staff recommendation to adopt Resolution No. 6218 finding that the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA City Council Regular Meeting Minutes
April 10, 2023

Guidelines Section 15061(b)(3), and approve General Plan Amendment No. 22-2157- GP, a comprehensive update to the Housing Element of the Carpinteria General Plan for the 2023-2031 planning period, and direct the City Manager to submit the Housing Element to the California Department of Housing and Community Development for review.

Legal Counsel Carlson sought clarification if Councilmember Nomura intended the motion to include the errata provided in the PowerPoint presentation. Councilmember Nomura responded affirmatively.

Councilmember Nomura modified the motion to approve the staff recommendation to adopt Resolution No. 6218 finding that the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), and approve General Plan Amendment No. 22-2157-GP, a comprehensive update to the Housing Element of the Carpinteria General Plan for the 2023-2031 planning period, and direct the City Manager to submit the Housing Element to the California Department of Housing and Community Development for review and include the errata provided in the PowerPoint presentation. Councilmember Lee seconded the modified motion. The roll call vote on the modified motion was as follows:

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

Mayor Clark recessed to a break at 7:46 pm and reconvened the meeting at 7:55 pm.

14. Ordinance No. 764, an Ordinance of the City Council, of the City of Carpinteria, California, Adding Chapter 8.30 of Title 8 (Health and Safety) of the City of Carpinteria Municipal Code Regarding a Prohibition of Fuel Gas Infrastructure in New Construction.

Recommendation: Approve Ordinance No. 764, as read by title only. (This item requires reading of ordinance title and a roll call vote.) Environmental Program Manager Maker presented the staff report and PowerPoint presentation.

Mayor Clark opened the public hearing at 8:01 pm.

Speakers in-person: Patrick O’Connor, Jim Taylor, and Jonathan Allman City Council Regular Meeting Minutes
April 10, 2023

Speakers via Zoom: Farah Stack
Emails distributed: Jim Taylor, Katie Davis, Torrie Cutbirth, and Haley Ehlers Mayor Clark closed the public hearing at 8:06 pm.

City Clerk Barrett read the title of Ordinance No. 764 into the record.

Motion by Councilmember Nomura to approve Ordinance No. 764, on first reading, as read by title only, and continue second reading for adoption to April 24, 2023 with the inclusion of a clarification of Junior Accessory Dwelling Unit.

Legal Counsel Carlson noted a minor revision to the definition of Junior Accessory Dwelling Unit in the Ordinance to incorporate by reference the section of the City’s Accessory Dwelling Unit Ordinance that defines Accessory Dwelling Unit. He noted there will be a slight change to the language based on the draft here to incorporate the reference to Section 14.72.020E, that while the intent is slightly different it won’t change the overall Ordinance. He also noted for the record that these types of Ordinances are typically found exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and 15308 because they have the opportunity to reduce Greenhouse Gas Emissions, improve indoor air quality, and increase public safety associated with gas leaks.

Councilmember Nomura modified the motion to approve Ordinance No. 764, on first reading, as read by title only, and continue second reading for adoption to April 24, 2023 and include Legal Counsel Carlson’s above statement as a part of the motion, and that the Ordinance include mention of capping the gas line connection at the street as a part of the remediation of the gas line connection to buildings or sites, as suggested by Mr.

O’Connor during public comment.

Environmental Program Manager Maker responded that staff would look into adding language for capping the gas line connection at the street and bring back on the second reading of the Ordinance.

Councilmember Lee seconded the modified motion. The roll call vote on the modified motion was as follows:

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

City Council Regular Meeting Minutes
April 10, 2023

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

15. Adopt Resolution Nos. 6224 and 6225, amending the Conditions of Employment for both Miscellaneous Unrepresented Employees and Management Personnel.

Recommendation: (1) Adopt Resolution No. 6224, amending the Conditions of Employment between the City of Carpinteria and Miscellaneous Unrepresented Personnel for the period of July 1, 2022 – June 30, 2023, and authorize the City Manager to implement the changes effective April 10, 2023 and (2) Adopt Resolution No. 6225, amending the Conditions of Employment for the period of July 1, 2022 – June 30, 2023, between the City of Carpinteria and Management Personnel, and authorize the City Manager to implement the changes effective April 10, 2023.

Assistant City Manager Ramirez introduced Teresa Ilasin, Management Analyst II, who presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Nomura, to (1) adopt Resolution No. 6224, amending the Conditions of Employment between the City of Carpinteria and Miscellaneous Unrepresented Personnel for the period of July 1, 2022 – June 30, 2023, and authorize the City Manager to implement the changes effective April 10, 2023 and (2) adopt Resolution No. 6225, amending the Conditions of Employment for the period of July 1, 2022 – June 30, 2023, between the City of Carpinteria and Management Personnel, and authorize the City Manager to implement the changes effective April 10, 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.

LEGISLATIVE UPDATE: NONE

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
City Council Regular Meeting Minutes
April 10, 2023

Councilmember Lee requested (1) the Council be proactive and address and prevent rent evictions from happening in the City in light of rent evictions taking place in Isla Vista and (2) the Council address fractional home ownership (e.g. Picasso) and place on the Workplan as a future agenda item.

City Manager Durflinger responded that the current Workplan includes legislative initiatives which intend to prevent residential displacement in the community, such as rent control in multi-family residential. He noted that one of the initiatives is to establish regulations for fractional ownership and that staff has been analyzing this matter and will bring forward an agenda item at a future meeting. He stated that upon Council’s direction, staff could add to the list of legislative initiatives, regulations addressing and preventing rent evictions and bring back to the Council for consideration of initiation.

There was consensus amongst the Council to direct staff to add regulations addressing and preventing rent evictions to the list of legislative initiatives and bring back to the Council for consideration of initiation.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the next regular meeting on April 24th.

ADJOURNMENT
Mayor Clark adjourned the meeting at 8:28 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
April 24, 2023

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning April 1, 2023 and ending April 14, 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 April 1, 2023 and ending April 14, 2023.

Warrant Register
April 24, 2023
Page #2
Staff contact: Brenda Robinson, Accounting Specialist~ JI ~- (805) 755-4442, [email protected] r.1./J!&J'L. ~------.., Signature
Staff contact: Licette Maldonado, Admin Services Dir.
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\Admin Services\Staff Report\Staff Report AP.docx
Warramt Register
Carpinteria, CA
Date Range: 04/01/2023 - 04/14/2023
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
Vendor Name
Payable Type Payable Description
AFLAC
Invoice MARCH 2023 EMPLOYEE PREMIUMS

ANDREW & OLIVIA BUCK
INV0004619 Invoice PLANNING PERMIT PROJECT CLOSE OUT

CALIFORNIA STORMWATER QUALITY ASSOCIATION
INV0004622 Invoice 1 YEAR MEMBERSHIP OUR WATER/OUR WORLD-E. MAKER INV0004623

JOHN ILASIN
Invoice MAR23 REIMBURSE LUNCH MNGNT ANALYST INTERVIEW
INV0004624

KATSU MOHAPATRA
Invoice VETS HALL CANCELLATION REFUND 9/2/2023

LEAGUE OF CA CITIES
Invoice 2023 LOCAL STREETS & ROADS NEEDS ASSESSMENT

MENTAL WELLNESS CENTER
INV0004625 Invoice FY22-23 CONTRIBUTION TO HOPENET OF CARPINTERIA

ROOTER SOLUTIONS
Invoice CLEAR STOPPAGE AT LIBRARY 2/24/23

SANTA BARBARA COUNTY SHERIFFS DEPT
Invoice FY22-23 CONTRACTED SUMMER OVERTIME
741

SANTA BARBARA COUNTY WATER AGENCY
Invoice CONTRACTED SVC IRWM PROGRAM 7/1/22-12/31/22
INV0004627

SARAH DANDONA
Invoice

TRANSAMERICA EMPLOYEE BENEFITS
2504949511 Invoice
INV0004628

UNCLE CHEN
Invoice
INV0004630
INV0004631
INV0004632

MISSIONSQUARE
Invoice
Invoice
Invoice
INV0004633
SEIU LOCAL 620
Invoice

PLANNING PERMIT PROJECT CLOSE OUT
MARCH 2023 EMPLOYEE PREMIUMS
MAR23 LEILANIE SILVA GOING AWAY PARTY
Deferred Compensation Contribution-Part Time Emp
MissionSquareEmployee Contributions
MISSIONSQUARE Employee Contributions
Employee Union Dues Contribution
UNITED WAY OF SANTA BARBARA COUNTY 04/06/2023
INV0004634 Invoice Employee United Way Contribution
FIRST NATIONAL BANK OF OMAHA 04/13/2023
APR23 0503
APR23 0983
APR23 1949
APR23 2429
APR23 3498
APR23 3696
APR23 4545
APR23 6160
APR23 9341
Invoice CITY CARD PAYMENT-M. ROBERTS
Invoice CREDIT CARD PAYMENT-OUM
Invoice CREDIT CARD PAYMENT-SG
Invoice CREDIT CARD PAYMENT-LS
Invoice CREDIT CARD PAYMENT-JT
Invoice CREDIT CARD PAYMENT-LM
Invoice CREDIT CARD PAYMENT-BB
Invoice CREDIT CARD PAYMENT-JI
Invoice CREDIT CARD PAYMENT-M. RAMIREZ
INV0004635

GREGORY GARCIA
Invoice

OFSM INC/TEDDY'S BY THE SEA
Invoice
WEX BANK (76)
Invoice
03/15/2023

WILLIAM HOLMES
Invoice

PLANNING PERMIT PROJECT CLOSE OUT

PLANNING PERMIT PROJECT CLOSE OUT
MAR23 FUEL FOR CITY VEHICLES

VETS HALL DRYWALL REPAIRS

ADVANTAGE TELECOM
Payment Date Payment Type Payment Amount Number
04/06/2023 Regular 396.94 101682
04/06/2023 Regular 0.93 101683
04/06/2023 Regular 3,300.00 101684
04/06/2023 Regular 61.16 101685
04/06/2023 Regular 100.00 101686
04/06/2023 Regular 300.00 101687
04/06/2023 Regular 1,750.00 101688
04/06/2023 Regular 187.00 101689
04/06/2023 Regular 16,017.89 101690
04/06/2023 Regular 182.55 101691
04/06/2023 Regular 2,812.58 101692
04/06/2023 Regular 719.32 101693
04/06/2023 Regular 631.76 101694
04/06/2023 Regular 5,575.69 101695
04/06/2023
04/13/2023
04/13/2023
04/13/2023
04/13/2023
04/06/2023
Regular 216.87 101696
Regular 24.00 101697
Regular 7,013.96 101698
Regular 3,190.41 101699
Regular 471.91 101700
Regular 623.83 101701
Regular 1,937.27 101702
Virtual Payment 143.26 APA001556
Invoice MAR23 EMERGENCY PHONE LINE SERVICES

144842 Invoice APR23 EMERGENCY PHONE LINE SERVICES
AG ENT INC 04/06/2023 Virtual Payment 150.00 APA001557
23246 Invoice BACKFLOW TESTING AT 5103 CARP RD 2/1/23
23308 Invoice BACKFLOW TESTING ATTAR PITS 3/3/23
ALL LANGUAGES INTERPRETING & TRANSLATING INC. 04/06/2023 Virtual Payment 700.00 APA001558 29534 Invoice 2 SPANISH INTERPRETERS FOR CC MTG 3/27/23 AMAZON CAPITAL SERVICES INC 04/06/2023 Virtual Payment 656.76 APA001559 13CJ-P77K-VR34 Invoice LIBRARY PROGRAM SUPPLIES 3/27/23 16Rl-CVF9-P1PG Invoice LIBRARY BOOKS 3/27 /23
19Gl-H9HQ-69X6 Invoice ZIP BOOKS-T. STRONG
1KV6-G44Q-KX11 Invoice ZIP BOOKS-L. JIMENEZ
1LF7-GXVX-61VG Invoice ZIP BOOKS-J. VILLALBA LOPEZ
1M46-T9VW-M7JH Invoice LIBRARY PROGRAM SUPPLIES 3/26/23 1NCD-FKJH-71Gl Invoice LIBRARY PROGRAM SUPPLIES 3/24/23 lNCD-FKJH-QTlV Invoice ZIP BOOKS-N. LYHITCHENKO
1RPR-W4NJ-4TGT Invoice ZIP BOOKS-J. GROVES
1X19-1DRC-D3FK Invoice ZIP BOOKS-T. SCRIVNER
AMERICAN AUTOMATIC DOORS INC 04/06/2023 Virtual Payment 201.38 APA001560 33391 Invoice REPAIR TO CITY HALL ENTRY DOORS 1/20/23
AMY BLAKEMORE 04/06/2023 Virtual Payment 50.00 APA001561 ARB Q4 2022 Invoice ARCHITECTURAL REVIEW BOARD OCT-DEC 2022 BASIC 04/06/2023 Virtual Payment 111.76 APA001562
IN2690556 Invoice MAR23 MONTHLY FSA ADMIN FEE
BIG GREEN CLEANING COMPANY 04/06/2023 Virtual Payment 180.00 APA001563 621198 Invoice EXTRA SERVICES AT LIBRARY 2/25 & 2/28/23 BRAD STEIN 04/06/2023 Virtual Payment 25.00 APA001564
ARB Q4 2022 Invoice ARCHITECTURAL REVIEW BOARD OCT-DEC 2022 BROWNSTEIN HYATT FARBER SCHRECK 04/06/2023 Virtual Payment 97,370.50 APA001565 931055 Invoice PROFESSIONAL LEGAL SERVICES THROUGH 1/31/2023 CALIFORNIA STORMWATER QUALITY ASSOCIATION 04/06/2023 Virtual Payment 820. 75 APA001566 2022-38 OWOW Invoice OWOW OUTREACH MATERIALS
CARPINTERIA VALLEY LUMBER CO 04/06/2023 Virtual Payment 324. 76 APA001567 503297 Invoice 2PK LED BULBS FOR MONTE VISTA PARK
503299 Invoice 3" SPRING CLAMP FOR TENNIS COURT
503362 Invoice HARDWARE TO CLOSE OFF WALKWAY AT LIBRARY 503368 Invoice BAGS OF SOIL FOR COMMUNITY GARDEN
503483 Invoice TOILET SEAT REPAIR AT PUBLIC WORKS RESTROOM 503543 Invoice COMBO PADLOCK FOR GARDEN
503620 Invoice CHALK REEL
503780 Invoice MATERIALS FOR REPAIR AT LIBRARY
COASTAL VIEW NEWS 04/06/2023 Virtual Payment 743.00 APA001568 59628 Invoice SENIOR CITIZENS PROGRAM AD 3/9/23
59650 Invoice NOTICE OF PLANNING COMM MEETING AD 3/23/23 59659 Invoice CITY CLEAN-UP AD 3/23/23
COX BUSINESS 04/06/2023 Virtual Payment 352.37 APA001569 APR23 001 3011 028030701 Invoice APR23 POOL & GARDEN INTERNET-PHONE SERVICE DAVID ALLEN 04/06/2023 Virtual Payment 60.00 APA001570
PC Q4 2022 Invoice PLANNING COMMISSION MEETINGS OCT-DEC 2022 DUDEK 04/06/2023 Virtual Payment 1,950.00 APA001571
202209231 Invoice OCT22 ENVIRONMENTAL SERVICES FOR RINCON MULTI-USE 202210417 Invoice NOV22 AS NEEDED PLANNING ASSISTANCE
202301514 Invoice FEB23 AS NEEDED PLANNING ASSISTANCE
EMPATHIA PACIFIC INC 04/06/2023 Virtual Payment 600.00 APA001572 119032 Invoice APR23-JUNE23 EAP SERVICES
FLOWERS & ASSOCIATES INC 04/06/2023 Virtual Payment 3,582.00 APA001573 23-1561 Invoice FEB23 CARP/PALM AVE INTERSECTION IMPROVEMENT GLENN DLA FEVERS 04/06/2023 Virtual Payment 120.00 APA001574 PC Q4 2022 Invoice PLANNING COMMISSION MEETINGS OCT-DEC 2022 GRAINGER 04/06/2023 Virtual Payment 470.31 APA001575
9648848183 Invoice CHAIN SAW BATTERIES & SUPPLIES
HINDERLITER DE LLAMAS 04/06/2023 Virtual Payment 1,030.91 APA001576 SIN026482 Invoice CONTRACT & AUDIT SERVICES-SALES TAX Q3 2022 JANEL BENEFIELD 04/06/2023 Virtual Payment 60.00 APA001577 PC Q4 2022 Invoice PLANNING COMMISSION MEETINGS OCT-DEC 2022

JIM REGINATO 04/06/2023 Virtual Payment 50.00 APA001578 ARB Q4 2022 Invoice ARCHITECTURAL REVIEW BOARD OCT-DEC 2022 JOHN CALLENDER 04/06/2023 Virtual Payment 120.00 APA001579 PC Q4 2022 Invoice PLANNING COMMISSION MEETINGS OCT-DEC 2022 JOHN MOYER 04/06/2023 Virtual Payment 120.00 APA001580
PC Q4 2022 Invoice PLANNING COMMISSION MEETINGS OCT-DEC 2022 LIEBERT CASSIDY WHITMORE 04/06/2023 Virtual Payment 14,896.60 APA001581 236160 Invoice PROFESSIONAL LEGAL SERVICES THROUGH 2/28/23 236161 Invoice PROFESSIONAL LEGAL SERVICES THROUGH 2/28/23 MISSION UNIFORM SERVICE 04/06/2023 Virtual Payment 168.56 APA001582 518989498 Invoice MAT REPLACEMENT AT POOL 3/27/23
518989501 Invoice MAT REPLACEMENT AT LIBRARY 3/27/23
518989513 Invoice MAT REPLACEMENT, UNIFORM CLEANING 3/27/23 MNS ENGINEERS INC 04/06/2023 Virtual Payment 1,762.50 APA001583 82640 Invoice FEB23 SURVEY FOR 4610 FOURTH STREET
MOSS LEVY & HARTZHEIM LLP 04/06/2023 Virtual Payment 4,385.00 APA001584 35005 Invoice FEB23 AUDIT TO DATE
OVERDRIVE INC. 04/06/2023 Virtual Payment 10,563.92 APA001585 01352C023097036 Invoice MAR23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY 01352DA23098849 Invoice MAR23 EBOOK MATERIAL FOR LIBRARY PATRICK O'CONNOR 04/06/2023 Virtual Payment 50.00 APA001586 ARB 04 2022 Invoice ARCHITECTURAL REVIEW BOARD MEETINGS OCT-DEC 2022 REGIONAL GOVERNMENT SERVICES 04/06/2023 Virtual Payment 9,720.00 APA001587 14657 Invoice FEB23 CONTRACTED HR SERVICES SUPPORT
RICHARD E JOHNSON 04/06/2023 Virtual Payment 50.00 APA001588 ARB Q4 2022 Invoice ARCHITECTURAL REVIEW BOARD MEETINGS OCT-DEC 2022 ROCKWELL PRINTING 04/06/2023 Virtual Payment 392.40 APA001589 41744 Invoice MAR23 BUSINESS CARDS
SANSUM CLINIC 04/06/2023 Virtual Payment 356.00 APA001590 67117 Invoice PRE-HEALTH SCREENING FOR R.L 2/27/23
SANTA BARBARA PEST CONTROL 04/06/2023 Virtual Payment 130.00 APA001591 156896 Invoice MAR23 PEST CONTROL AT CITY HALL
156897 Invoice MAR23 PEST CONTROL AT VETS HALL
SHOWSCAPES 04/06/2023 Virtual Payment 2,145.00 APA001592 388332293 Invoice INSTALL NEW PLANTS NEXT TO SHERIFF'S OFFICE SITEONE LANDSCAPE SUPPLY (ALL AROUND) 04/06/2023 Virtual Payment 131.13 APA001593 127873825-001 Invoice TREE STAKES AND TIES
SO CA EDISON 04/06/2023 Virtual Payment 6,474.53 APA001594 MAR23 700201069122 Invoice MAR23 ELECTRICTY-101 ASH AVE MAR23 700230547624 Invoice MAR23 ELECTRICITY-5103 CARPINTERIA AVE MAR23 700247140684 Invoice MAR23 ELECTRICITY-1 CARPINTERIA TCl MAR23 700264659490 Invoice MAR23 ELECTRICITY-1115 LINDEN AVE B PED MAR23 700274833982 Invoice MAR23 ELECTRICITY-901 CACTUS LN EV EV MAR23 700291369452 Invoice MAR23 ELECTRICITY-MULTIPLE LOCATIONS MAR23 700525378417 Invoice MAR23 ELECTRICITY-931 WALNUT AVE & 48515TH ST TRI-CO REPROGRAPHICS 04/06/2023 Virtual Payment 1,065.37 APA001595 175799 Invoice MYLAR, COLOR, B&W PRINT FOR VIA REAL STORMWATER 175982 Invoice BOND, MONOCHROME FOR 2022 PAVEMENT REHAB 176133 Invoice LARGE FORMAT COLOR SCANNING VIA REAL STORMWATER 176184 Invoice SCANNING SMALL FORMAT, FILE RENAME 3/29/23 176185 Invoice SCANNING SMALL FORMAT, FILE RENAME 3/29/23 WILLDAN FINANCIAL SERVICES 04/06/2023 Virtual Payment 18,705.00 APA001596 010-54321 Invoice SERVICES TO UPDATE TO DEVELOPMENT IMPACT FEE STUDY X-TECH SYSTEMS 04/06/2023 Virtual Payment 153.49 APA001597 452696 Invoice COPY MACHINE CHARGES 12/21/22-3/20/23-LIBRARY AG ENT INC 04/13/2023 Virtual Payment 340.00 APA001598
23380 Invoice BF REPAIR/WILKINS TEST CARP CREEK PARK 3/28/23 23381 Invoice BACKFLOW/WILKINS TESTING 1212 CASITAS PASS 3/28/23 23382 Invoice BACKFLOW TESTING AT LINDEN/CARP AVE 3/28/23 ALICE WISSING 04/13/2023 Virtual Payment 360.00 APA001599 03/20/23 Invoice MINUTES FOR PLANNING COMMISSION MTG 3/20/23 AMAZON CAPITAL SERVICES INC 04/13/2023 Virtual Payment 151.38 APA001600 1FWT-W4WC-LT9V Invoice PAPER, DRUM UNIT, SHARPIES FOR LIBRARY 4/2/23 1RC4-RCTX-4HR9 Invoice BOOKS FOR LIBRARY

AMBER KAPLAN 04/13/2023 Virtual Payment 60.00 APA001601 LAC 012023 Invoice LIBRARY ADVISORY COMMISSION MEETINGS JAN-MAR 2023 AMY BLAKEMORE 04/13/2023 Virtual Payment 75.00 APA001602 ARB 012023 Invoice ARCHITECTURAL REVIEW BOARD JAN-MAR 2023 ANIMAL MEDICAL CLINIC 04/13/2023 Virtual Payment 1,758.50 APA001603 329481 Invoice MAR23 EMERGENCY OUT OF CONTRACT VET SERVICES 329568 Invoice MAR23 EMERGENCY OUT OF CONTRACT VET SERVICES 330571 Invoice MAR23 DOG LICENSING ISSUANCE
330573 Invoice MAR23 CONTRACTED VET SERVICES
A-OK POWER EQUIPMENT 04/13/2023 Virtual Payment 31.50 APA001604 704512 Invoice GREASE FOR POWER EQUIPMENT
ASSOCIATION FOR RURAL & SMALL LIBRARIES 04/13/2023 Virtual Payment 100.00 APA001605 67711 Invoice ANNUAL MEMBERSHIP FOR LIBRARY THROUGH 3/29/24 AT&T MOBILITY 04/13/2023 Virtual Payment 391.09 APA001606 287303896883X04102023 Invoice MAR23 CITY HALL CELL PHONES BIG GREEN CLEANING COMPANY 04/13/2023 Virtual Payment 2,065.00 APA001607 621721 Invoice APR23 CONTRACTED SERVICES AT POOL
621722 Invoice APR23 CONTRACTED CLEANING SERVICE AT LIBRARY BRAD STEIN 04/13/2023 Virtual Payment 75.00 APA001608
ARB 012023 Invoice ARCHITECTURAL REVIEW BOARD JAN-MAR 2023 CARPINTERIA VALLEY LUMBER CO 04/13/2023 Virtual Payment 246.31 APA001609 504052 Invoice PLYWOOD FOR HARBOR SEAL SIGNS
504307 Invoice REDHOT & PRIMER GLUE FOR BANNERS
504506 Invoice PUSH BROOM FOR TRUCK #329
CARPINTERIA VALLEY WATER DISTRICT 04/13/2023 Virtual Payment 11,769.12 APA001610 CARP CITY MAR23 SERVICE Invoice MAR23-WATER FOR MULTIPLE LOCATIONS COASTAL VIEW NEWS 04/13/2023 Virtual Payment 385.00 APA001611 59677 Invoice ORDINANCE 764 1ST READING AD 3/30/23
59678 Invoice HOUSING 2023-2031 UPDATE AD 3/30/23
COUNTY SANITATION COMPANY INC STEWARTS & SELZER PLUMBING 04/13/2023 Virtual Payment 890.85 APA001612 62089 Invoice UNCLOG TOILET AT LIBRARY 3/22/23
62096 Invoice WATER BURST EMERGENCY AT POOL 3/24/23
COX BUSINESS 04/13/2023 Virtual Payment 428.43 APA001613 APR23 001 3011 022093901 Invoice APR23-CITY HALL TV & INTERNET SERVICE DANIELLE MANRIQUEZ-OSBORN 04/13/2023 Virtual Payment 90.00 APA001614 LAC 012023 Invoice LIBRARY ADVISORY COMMISSION MTGS JAN-MAR 2023 DAVID ALLEN 04/13/2023 Virtual Payment 180.00 APA001615 PC 012023 Invoice PLANNING COMMISSION MEETINGS JAN-MAR 2023 EASY LIFT TRANSPORTATION 04/13/2023 Virtual Payment 1,000.00 APA001616 7353 Invoice APR23 COMMUNITY TRANSPORTATION SERVICES
EVERSHADE EXTERIOR CLEANING SOLUTIONS 04/13/2023 Virtual Payment 450.00 APA001617 10336 Invoice MAR23 CLEANING OF TRASH CANS AT CARP & LINDEN AVE EVERYWHERE RIGHT NOW 04/13/2023 Virtual Payment 2,177.50 APA001618 3464 Invoice ANNUAL HOSTING/DOMAIN NAMES FOR CITY HALL WEBSITE 3466 Invoice MAR23 WEBSITE PROGRAMMING CITY HALL & LIBRARY FRONTIER COMMUNICATIONS 04/13/2023 Virtual Payment 160.98 APA001619 APR23 209-188-2500-061589-5 Invoice APR23 PHONE & INTERNET - LG TOWER GLENN DLA FEVERS 04/13/2023 Virtual Payment 120.00 APA001620 PC Ql 2023 Invoice PLANNING COMMISSION MTGS JAN-MAR 2023 GLYNN BIRDWELL 04/13/2023 Virtual Payment 60.00 APA001621 LAC 01 2023 Invoice LIBRARY ADVISORY COMMISSION MTGS JAN-MAR 2023 GRACE NOTE 04/13/2023 Virtual Payment 220.35 APA001622
9747097518 Invoice FEB23 LISTING DISTRIBUTION SERVICES-GATV 9747098957 Invoice MAR23 LISTING DISTRIBUTION SERVICES-GATV 9747100452 Invoice APR23 LISTING DISTRIBUTION SERVICES-GATV GRAINGER 04/13/2023 Virtual Payment 71.44 APA001623
9653524927 Invoice GRATE HOOKS, GASKET FOR POOL REPAIR
HDL SOFTWARE LLC 04/13/2023 Virtual Payment 433.62 APA001624 SIN026629 Invoice FEB23 NEW ACCOUNTS PROCESSED/STR RETURNS JANEL BENEFIELD 04/13/2023 Virtual Payment 120.00 APA001625 PC 01 2023 Invoice PLANNING COMMISSION MTGS JAN-MAR 2023

JHD PLA NNING LLC 04/13/2023 Virtual Payment 22,125.00 APA001626 04/01/2023 Invoice 2023-2031 HOUSING ELEMENT SERVICES FOR MAR23 JOHN CALLENDER 04/13/2023 Virtual Payment 60.00 APA001627 PC 012023 Invoice PLANNING COMMISSION MTGS JAN-MAR 2023 JOHN MOYER 04/13/2023 Virtual Payment 180.00 APA001628
PC 012023 Invoice PLANNING COMMISSION MTGSJAN-MAR 2023
KANOPY 04/13/2023 Virtual Payment 53.00 APA001629
344828 - PPU Invoice MAR23 LIBRARY VIDEOS
KATHERINE SALANT 04/13/2023 Virtual Payment 60.00 APA001630 PC 012023 Invoice PLANNING COMMISSION MTGS JAN-MAR 2023 LASH CONSTRUCTION INC 04/13/2023 Virtual Payment 63,908.52 APA001631 11639 Invoice FEB23 CONSTRUCTION FOR SKATE PARK
LIN CONSULTING INC. 04/13/2023 Virtual Payment 2,618.88 APA001632 15047 Invoice FEB & MAR23 DESIGN SVCS CARP & PALM AVE INTERSECT! MARGARET CONNORS 04/13/2023 Virtual Payment 90.00 APA001633 LAC 01 2023 Invoice LIBRARY ADVISORY COMMISSION MTGS JAN-MAR 2023 MCCORMIX CORP 04/13/2023 Virtual Payment 111.35 APA001634 4812 Invoice MAR23 FUEL FOR CITY VEHICLES
MISSION UNIFORM SERVICE 04/13/2023 Virtual Payment 50.81 APA001635 518989514 Invoice TOWEL & MAT REPLACEMENT-CITY HALL 3/27/23 PATRICK O'CONNOR 04/13/2023 Virtual Payment SO.OD APA001636 ARB 01 2023 Invoice ARCHITECTURAL REVIEW BOARD MTGS JAN-MAR 2023 RECDESK LLC 04/13/2023 Virtual Payment 6,800.00 APA001637 INV-13458 Invoice POOL SOFTWARE SUBSCRIPTION 5/1/23-4/30/24 RICHARD E JOHNSON 04/13/2023 Virtual Payment 75.00 APA001638 ARB 01 2023 Invoice ARCHITECTURAL REVIEW BOARD MTGS JAN-MAR 2023 ROY HARTHORN 04/13/2023 Virtual Payment 4,230.21 APA001639 1520 Invoice MAR23 PLAN CHECK SERVICES
SITED NE LANDSCAPE SUPPLY (ALL AROUND) 04/13/2023 Virtual Payment 113.25 APA001640 128053903-001 Invoice PVC MATERIAL FOR BANNERS
128068230-001 Invoice PVC MATERIAL FOR BANNERS
SO CA EDISON 04/13/2023 Virtual Payment 9,050.35 APA001641 MAR23 700405192484 Invoice MAR23 ELECTRICITY-MULTIPLE LOCATIONS MAR23 700604 790697 Invoice MAR23 ELECTRICITY-CAPP AV/CSTS PAS 609 SO CAL GAS 04/13/2023 Virtual Payment 7,204.99 APA001642 APR23 006 514 2700 7 Invoice NATRURAL GAS 5305 CARPINTERIA AVE APT B (POOL) APR23 014 914 3239 7 Invoice NATURAL GAS 5103 CARPINTERIA AVE (FRIENDS OF LIBRA APR23 016 913 9500 6 Invoice NATURAL GAS 5775 CARPINTERIA AVE (CITY HALL) APR23 140 914 3084 4 Invoice NATURAL GAS 941 WALNUT AVE (VETS HALL) SOLID WASTE SOLUTIONS INC 04/13/2023 Virtual Payment 1,511.00 APA001643 200 Invoice MAR23 ANNUAL FRANCHISE, SB1383, CALRECYCLE SERVICE TKM ENGINEERING 04/13/2023 Virtual Payment 4,677.50 APA001644 1179 Invoice MAR23 TRAFFIC SIGNAL TIMING SERVICES
1180 Invoice MAR23 TRAFFIC ENGINEERING STAFF AUGMENTATION UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA 04/13/2023 Virtual Payment 277.59 APA001645 22-2303309 Invoice APR23 CA STATE FEE FOR REGULATORY COSTS 320230160 Invoice APR23 NEW TICKET CHARGES & DATABASE MAINTENANCE VIVIANA MORALES 04/13/2023 Virtual Payment 90.00 APA001646 LAC 01 2023 Invoice LIBRARY ADVISORY COMMISSION MTGS JAN-MAR 2023 WAXIE SANITARY SUPPLY 04/13/2023 Virtual Payment 535.82 APA001647 81512212 Invoice TRASH BAG LINERS FOR PUBLIC WORKS
81609445 Invoice PAPER TOWEL, BATH TISSUE, HAND SOAP, TRASH BAGS WEST COAST ARBORISTS INC 04/13/2023 Virtual Payment 9,187.50 APA001648 197779 Invoice TREE MAINTENANCE 3/1/23-3/15/23
ZWORLD GIS 04/13/2023 Virtual Payment 5,427.00 APA001649 2023-0233 Invoice MAR23 MAPPING/GIS SERVICES
2023-0248 Invoice 2022 AERIAL IMAGERY REGIONAL COLL/FINAL PAYMENT CalPERS HEALTH 04/06/2023 Bank Draft 7,489.62 DFT0003017 APR23 PREMIUMS CC Invoice APR23 HEALTH PREMIUMS CC
CalPERS HEALTH 04/06/2023 Bank Draft 53,698.53 DFT0003018 APR23 PREMIUMS Invoice APR23 HEALTH PREMIUMS

ED D-SIT 04/06/2023 Bank Draft 7,313 .71 DFT 0003019
PR07 04L06L23 Invoice PR07 04/06/23 SIT TAXES
EDD-SDI 04/06/2023 Bank Draft 1,S48.52 DFT0003020
PR07 04L06L23 Invoice PR07 04/06/23 SDI TAXES
INTERNAL REVENUE SERVICE 04/06/2023 Bank Draft 23,0BS.57 DFT0003021 PR07 04L06L23 Invoice PR07 04/06/23 FEDERAL TAX PAYMENT

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
April 24, 2023

ITEM FOR COUNCIL CONSIDERATION
Monthly City Treasurer's Report on Compliance with Statement of Safekeeping and Investment of Public Funds.

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

BACKGROUND / DISCUSSION
The City Council is the City of Carpinteria trustees and authorized to make investment decisions concerning public funds that are subject to the prudent investment standard.

The Prudent Investor Standard of the California Government Code Section 53600.3 states, "when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City." The standard or prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.

Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City Investment officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk changes or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.

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

Monthly City Treasurer's Report
April 24, 2023

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

FINANCIAL CONSIDERATIONS
Cash Statement: At March 31, 2023, the City held cash and cash investments as shown in the table below.

Table I
r - - -
CASH ACTIVITY FOR THE MONTH:

I
$
I
I I Cas~ and Investment Beginning of the Month
r Cash Receipts
I Cash D~sbursements
I Cash and Investment End of the Month
'
22,062,754.78 i
3,~84,040.?8 ,
(4,864,730.48)
$ 20,182,06s.08 I
Investments:

Changes in the market value of treasury securities are inversely proportional to changes in interest rates demanded in the open market, i.e., when rates rise market values fall, when rates fall market values rise. The sensitivity of a portfolio's market value to these changes in market rates is a function of its days to maturity and its coupon rate.

Securities with longer maturities and/or lower coupon rates are more sensitive to changes in market interest rates. As a security matures, changes in its value become less sensitive to market rate changes.

At March 31
st the portfolio's average days to maturity was 1.84 years, the average coupon rate was 1.61 %, the average yield to maturity was 4.27%, the par value was $10,550,000 and Market Value was $10,096,025.12.

The City does not intend to sell nor does it have any foreseeable need to sell any securities. The intention of the City's investment policy is to hold all securities to maturity; and securities so held are redeemed at par value resulting in no net market gain or loss.

Attached for City Council review is the Treasurer's Report that details a listing of all the investments and cash activity during the month.

The City of Carpinteria will be able to meet all expenditure obligations that might reasonably be anticipated for the next six-month period October 1, 2023. \\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Monthly City Treasurer's Report
April 24, 2023
P·age 3
LEGAL
This report has been prepared in compliance with California Government Code Sections 53600 and 53646.

PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown

ATTACHMENTS
City of Carpinteria Treasurer's Report
S
Li
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nado, Administrative Services Director
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[email protected]; (805) 755-4448 Signature
Reviewed by: Dave Durflinger, City Manager
[email protected]; (805) 755-4400
\\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx City Treasurer's Report

CITY OF CAR PINT ERIA TREAS UR ER'S REPORT
For the Month Ended Marc h 2023
CAS H ACTIVITY FOR THE MONT H:

Cash and Investment Beginning of the Month $ 22,062,754.78 Cash Receipts 3,584,040.78
Cash Disbursements {4,864,730.48)
Cash and Investment End of the Month $ 2Q 782 Q!i~ Q8
CASH AND INVESTMENT PORTFOLIO:

Type of lnvestment/CouponlCUSIP # Institution/Issuer
Yield to Maturity # Days to
Maturity Date Maturity Par Value Market Value (1) Book Value (2) Demand Deposit - General Checking Montecito Bank NIA NIA NIA 22,206.59 22,206.59 22,206.59 Demand Deposit - Premier Public Money Market Montecito Bank NIA 4/112023 1 2,068,654.00 2,068,654.00 2,068,654.00 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 2,566.27 2,566.27 2,566.27 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 5,000.00 5,000.00 5,000.00 Demand Deposit - Money Market Charles Schwab NIA 4/112023 1 4,919,628.88 4,919,628.88 4,919,628.88 Local Agency Investment Fund State of California 0.22% 4/112023 1 3,453,121.78 3,453,121.78 3,453,121.78 Treasury Note, 0.25%, (912828ZH6) U.S. Government 1.03% 4/1512023 15 250,000.00 249,648.43 247,820.56 Treasury Note, 1.625%, (912828R69) U.S. Government 1.87% 5131/2023 61 250,000.00 248,750.00 249,268.63 Treasury Note, 2.625%, (912828401) U.S. Government 2.84% 613012023 91 100,000.00 99,500.00 99,563.57 Treasury Note, 2.75%, (912828Y61) U.S. Government 0.06% 7131/2023 122 400,000.00 397,312.48 398,795.22 Treasury Note, 23U, (912796Y37) U.S. Government 4.83% 81312023 125 250,000.00 246,009.58 244,117.48 Treasury Note, 2.75%, (9128284X5) U.S. Government 0.01% 8131/2023 153 400,000.00 396,812.48 399,721.60 Treasury Note, 2.875%, (9 l 28285D8) U.S. Government 0.67% 913012023 183 250,000.00 247,812.50 249,335.00 Treasury Note, 2.875%, (9128285K2) U.S. Government 220% 10/31/2023 214 250,000.00 247,382.80 252,579.39 Treasury Note, 2.75%, (912828WE6) U.S. Government 2.23% 11/15/2023 229 250,000.00 246,796.88 252,049.66 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 12/31/2023 275 250,000.00 242,656.25 249,993.47 Treasury Note, 2.5%, (912828529) U.S. Government 0.06% 1/31/2024 306 200,000.00 196,312.50 199,388.94 Treasury Note, 2.375%, (9128286G0) U.S. Government 0.78% 2/29/2024 335 200,000.00 195,781.24 199,264.00 Treasury Note, 0.25%, (91282CBRI) U.S. Government 2.17% 3/15/2024 350 250,000.00 239,804.68 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S. Government 2.41% 4/30/2024 396 250,000.00 243,750.00 249,156.76 Treasury Note, 2.0%, (912828XT2) U.S. Government 1.11% 5/31/2024 427 250,000.00 242,890.63 255,107.50 Treasury Note, 0.25%, (91282CCG4) U.S. Government 4.61% 6/15/2024 442 250,000.00 237,656.25 235,669.96 Treasury Note, 3.0%, (91282CFA4) U.S. Government 4.53% 7/31/2024 488 250,000.00 245,390.63 244,503.55 Treasury Note, 3.25%, (91282CFGI) U.S. Government 4.30% 8/31/2024 519 250,000.00 246,171.88 245,158.84 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 9/15/2024 534 250,000.00 236,171.88 245,359.46 Treasury Note, 2.125%, (9128282Y5) U.S. Government 4.31% 9/30/2024 549 250,000.00 242,070.30 239,586.84 Treasury Note, 0.625%, (91282CDB4) U.S. Government 4.14% 10/15/2024 564 250,000.00 236,406.25 233,056.64 Treasury Note, 2.25%, (912828G38) U.S. Government 4.35% 11/15/2024 595 250,000.00 242,109.38 241,052.35 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 12/15/2024 625 250,000.00 236,875.00 250,079.39 Treasury Note, 1.125%, (912828ZC7) U.S. Government 1.29% 2/28/2025 700 250,000.00 236,328.13 248,740.00 Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 3/31/2025 731 250,000.00 243,242.18 260,224.6] Treasury Note, 0.25%, (912828ZT0) U.S. Government 1.25% 5/31/2025 792 250,000.00 230,664.05 241,660.01 Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 6/30/2025 822 250,000.00 230,390.63 239,598.86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 9/30/2025 914 250,000.00 228,789.05 240,265.00

CITY OF CAR PINT ERIA TREAS UR ER'S REPORT
For the Month Ended March 2023
Treasury Note, 3.0%, (912828515) U.S. Government 409% 10/31/2025 945 250,000.00 244,453.13 242,136.63 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12/31/2025 1006 250,000.00 227,812.50 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12/31/2025 1006 250,000.00 227,812.50 240,365.00 Treasury Note, 1.625%, (912828P46) U.S. Government 1.56% 2/15/2026 1052 250,000.00 235,078.13 250,595.69 Treasury Note, 0.5%, (91282CBQ3) U.S. Government 1.28% 2/25/2026 1062 250,000.00 227,187.50 242,113.19 Treasury Note, 0.75%, (91282CBT7) U.S. Government 1.28% 3/31/2026 1096 250,000.00 228,710.93 244,459.30 Treasury Note, 0.75%, (91282CCF6) U.S. Government 1.34% 5/31/2026 1157 250,000.00 227,382.80 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S. Government 1.35% 6/30/2026 1187 250,000.00 227,968.75 244,821.96 Treasury Note, 1.625%, (91282YQ7) U.S. Government 400% 10/31/2026 1310 250,000.00 232,265.63 227,869.30 Treasury Note, 2%, (91282024) U.S. Government 4.31% 11/15/2026 1325 250,000.00 235,078.13 228,317.27 Treasury Note, 1.25%, (91282CDK4) U.S. Government 1.28% 11/30/2026 1340 250,000.00 228,671.88 249,602.02 Treasury Note, 2.25%, (912828V98) U.S. Government 4.29% 2/15/2027 1417 250,000.00 236,835.93 229,819.14 Treasury Note, 2.5%, (91282CEF4) U.S. Government 3.96% 2/16/2027 1418 250,000.00 238,750.00 235,031.06 Treasury Note, 3.125%, (91282CFH9) U.S. Government 4.19% 8/31/2027 1614 250,000.00 244,531.25 238,232.21 21,021,177.52 20,567,202.64 20,782,065.08

REPORT ON COMPLIANCE WITH STATEMENT OF SAFEKEEPING AND INVESTMENT OF PUBLIC FUNDS The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.

REPORT OF ABILITY TO MEET REQUIRED EXPENDITURES FOR THE NEXT SIX MONTHS Based upon currently budgeted revenues and expenditures, the City currently has sufficient liquid financial resources to meet anticipated expenditures during the period 4/01/23 through 10/01/23.

WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As of March 31, 2023 the weighted average days to maturity of the City's investment portfolio is 1.84 years.

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

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

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

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

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

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

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

City of Carpinteria
Couttcr- Aoeruoa Srerr Reponr
Apnru 24,2023

ITEM FOR COUNCIL CONSIDERATION
Quarterly Review of Pension Stabilization Trust.

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

BACKG ROU NG/DISC USSION
The purpose of the Pension Stabilization Trust is to accumulate, hold, and distribute pension plan assets for the exclusive benefit of retiree pensions within the meaning of IRS Code Section 1 15. Plan assets are irrevocable and may not be used for any purpose other than the purpose of the Trust. Withdrawal of plan assets is not permitted except to transfer to another trust or to reimburse the City for pension costs paid.

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

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

Discretionary Trustee Benefit Trust Company (BTC), with the advice of Morgan Stanley Wealth Management Consulting Group, actively manage plan assets consistent with the lnvestment Policy Statement. The City's individual trust account is part of a larger Multiple Employer Trust administered by Keenan Financial Services and BTC, referred to as the California Public Entity Pension Stabilization Trust. BTC also provides the City with monthly, quarterly (attached), and annual statements-of-activity of the City's account. The Pension Stabilization Trust utilizes a Board of Authority that provides management and oversight of the Trust with participation by one individual per public Quarterly Review of the Pension Stabilization Trust
April24,2023
Page2
agency. The fees are asset-based, paid monthly, deducted directly from the Trust account, and total 30 bpsl annually. This is competitive with other comparable plans.

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

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

FINANGIAL CONSIDERATIONS
Portfolio Summary:

At March 31,2023, the City held investments as shown in the table below Table 1
Yearto Date {YTD)
Beginning Value Sr,o9q8o9.os
Net Withdrawals 0.00
lnte rest 0.00
Dividends 8,687.45
Change in MarketValue 43,O64.L7
Management Fees (846.45)
Ending Value 51"149,714.22
MarketValue
Fixed lncome
Equities
Alternatives
Asset
Allocation
756,886.87 65.8Yo
339,066.99 29.5Yo
53,760.36 4.7%
Total Account St,teg,ttq.zz Loo.e/o.

I nce ption date : 6/ 30/ 18
wD: t/t/2023 - 3/3I/2o23
lnvestments:

At March 31st the portfolio's estimated market value was $1 ,149,714.22 quarter to date (net of fees) of 4.630/o, year to date (net of fees) of 4.630/o, last 12 months (net of fees) - 1 Basis points pertain to interest rates. One basis point is equal to one one-hundredth of one percentage point (0.01%). Therefore, 100 basis points would be equivalentto 1%. \COC5H\GDrive\Admin Services\Licette\Pension Stabilization Trust\Staff Reports\Pension Stabilization Trust Quarterly report.docx
Quarterly Review of the Pension Stabilization Trust
April24,2023

8.180/0, and inception to date (net of fees) of 2.00o/o. Attached for City Council review is the statement from Benefit Trust as of March 31,2023.

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

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The establishment of the Pension Stabilization Trust Fund is being developed consistent with Section 1 15 of the lnternal Revenue Code. Establishment of the lrrevocable Pension Stabilization Trust Fund mitigates financial risk associated with expected increases in the CaIPERS pension rates over the next decade.

ATTACHMENTS
A. March 31,2023 Performance Report
Staff contact:

Licette Maldonado, Administrative Services Director
[email protected]: (805) 7 55-4448 Signature
Reviewed by:

Dave Durflinger, City Manager
[email protected]: (805) 7 55-4400
\COC5H\GDrive\Admin Services\Licette\Pension Stabilization Trust\Staff Reports\Pension Stabilization Trust Quarterly report.docx

ATTACHMENT A
CITY OF CARPINTERIA CA.MUNI.PST

BENEFIT TRUST ACCOUNT
:i { CIry OF CARPINTERIA CA-MUNI.PST
BENEFIT TRUST ACCOUNT 7440

65.8%
29,5%
Equities Fxed lncorne
lilarket
Value
Portfolio Summary
Net of ** uxlisg
Asset Allocation
6006
&%n%
Performance
Fixed lncomeEquities
AltemativesTotal AccountTotat Account (Net of Fees)

S&P SNTR

MSCI EAFE
i4SCl ACW Ex US Net
BBG Asg (US)BBG Global Agg5A6 fiiSCI ACWII 5U6 Barclays Agg Portfolio Sum
Beginning Value
Net Contributionslnterest
DividendsChange in Market ValueManagement Fees
Ending Value
YTD: 1213112022 - 313112023
8,687.M
43,064.17
(846.45)
$ '1,149,714.22
lnception*
to Date

0.94 5.85

7.1',!

2.30 2.OO

11.02 4.15

3.180.99
-0.81
4-39
$
Year to Date
1,098,809.05
0%

4.7%
Alhrnativs
7s6,886.87
339,066.99
53,760.35
7,149,714.22
Current
Yield
lvionth
to Date
Quarter
to Date

3.477.952.59

4.71 - ":-4.63

7.49 8.62

6.86 2.963.015.13
Year to
Date
Last 12Months
-6.19
-10.12
-1 9.68
-7.91
-8.1 8
-7,73-0.86-5.03-4.79
-8.07
-5.86
Last 3
Years-1.25

14.68 1 0.65
3-41

3.10 18.6113.2711.79
-2.77
-3.41

6.17 3.9

1.4 3.1
?.13.1

2.002.19
-1.88
-1.87

1.84 3.67

2.612.442.543.162.81

3.47 7.95

2.59 4.!1-.4.63

7.498.62

6.86 2.963.015.13
* lnception date: 6/30/2018
Performance for periods greater than one year are annualized t r{[i

PORTFOLIO APPRAISAL

CITY OF CARPINTERA CA-MUNI-PST
BENEFIT TRUST ACCOUNT 7440
March 31,2023
Security
Symbol
Unit
Cost
Total
Cost Price
Market
Value
Pct.

Assets
Cur.

Quantity Security Yield
FD(ED INC MUTUAL FT]NDS
TAXABLE BOND FI.'ND
14,865,966 BLACKROCKTOTAL
REruRN FD BD FD

BLKRKCL
9,186.036 GUGGENMIM FDS
TR I}.IVT GD BD INSTL
3,257.465 GUGGENHEIMFDS
TR MACRO OPPTY R6
12,585.647 PRUDENTIALTOTAL

RETURN BD FD
I5,003,31 1 PRUDNTIAL GBL

TOTL RTRN FD INC
PGIM GBLTTLR6
15,58I.003 WESTERNASSET

FDS INC

DOMESTIC EQUITY MUTUAL FUNDS

LARGE CAP FUND
1,008.455 ALGER FUNDS CAP

APP FOCS Y
2,244.254 COLUMBIA FDS SER
TRI
694.008 LEGGMASON

PARTNERS EQUITY

TR CLR BRID SL IS
MID CAPFI.JND
1,060.224 ALGER FDS MD CP

FOCUS Z

SMALL CAP FLINDS
1,402,708 ALGERFDS SMALL

CP FOCUS Z
429.793 UNDISCOVERED

MANAGERS FDS
BETLA,VR VAL R6
MPHQ.X
GruS.X
GIOS.X
PTRQ.X
PGTQ,X
WAPS.X
ALGY.X
COFY.X
LCSS.X
AFOZ.X
ACfiZ.X
UBVF.X

11.47 18.55

26.2s

14.15 6.87
I 1.50

38.46 28.48

40.89 14.90

20.66 67.86

66.19 46.30
t70,459.57
170,424.55
85,509.35
178,137.42
I 03,087.28
t79,104.91

10.1 5

16.43 24.01

11.98 5.12

9.s8

43.19 27.40

40.44 17.2t

76.18 1s0,926.57
78,2t1.73
150,776.05
76,816.9s
150,889.55 13.1 3.4

13.I

6.8 13.1

6.7 3.7

5.3 4.1

4.r
886,723.07
149,266.01 13.0 3.6
756,886.87 65.8 3.9
7 56,886.87 6s.8 3.9
43,555.17
61,492.56
28,065.68

0.1 0.6

0.0 886,723.07
38,789.19
63,923.53
28,378.84

3.8 5.3

2.4 131,091.s6
1s,79s.49 12.27
133,113.41 I L6
13,008.95 1.1

0.3 0.0

0.0 1.2
28,973.43
29,167.09
24,140.60
32,141.63

2.1 2.8
58,140.52
205,027.57
5,709.28 70.62
20,990.92 51.94
56,882.24 4.9 0.7
203,004.60 17.7 0.4
INTERNATIONAL MUTUAL FUI\TDS

INTERNATIONAL EMERGING MARKET FUND

86.251 AMERICAN FTJNDS NFFF.X
NEWWORLD F-2

INTERNATIONAL FUND
453.408 AMERICANFIJNDS

NEW PERSPECTTVE
F2
ANWF.X
6,091 .05 0.5 l.l
23,550.01 2.0 1.0
"#carp-pst.

PORTFOLIO APPRAISAL
CITY OF CARPINTERIA CA_MUNI-PST
BENE FIT TRUST ACCOUNT 744 O
March 31,2023
Quantity Security
Security
Symbol
GSIY.X
HILY-X
PRJQ.X
TIBO.X
CSZI.X
PGRQ.X
Market
Value
Pct. Cur,
Assets Yield
Unit
Cost
Total
Cost Price
1,322.657
1,443.074
727.766
1,593.582

GOLDMAN SACHS

TRIIGQGPARTNRS
R6

FIARTFORD

INTERNATIONAL

VALUE Y

PRIJDENTTAL

WORLDFDINC

JENNISON GBL Q

THORNBURG

INVESTMENT

INCOME BUILDER

14.80 16.46

30.92 2t.83
t6.49

22.80 19,569.06 17 .24
23,756.17 16.63
22,501 .34 33. r 8
34,783.51 22.26
121,601 .01
t27,310.29
43,898.26 1s.4s
15,916.81 18.09
59,815.07
22,802.61 2.0 4.7
23,998.32 2.1 2.6
24,147.28 2.1 0.0
35,473.14 3.1 5.5
129,971.35 I 1.3 3.0
136,062.40 I 1.8 to

ALTERNATIVE IIIVESTMENT FUNDS

ALTERNATME FUND
2,662.170 COHEN & STEERS

RLTY INCMNEW

SHS CL Z
698.166 PRUDENTIAL

GLOBAL REAL
ESTATE

TOTALPORTX'OLIO
41,130.53 3.6 3.4
12,629.82 1.1 2.3

53.760.35 4.7 3.1
59,81 5.07
1,278,816.01
s3,760.35
1,149,714.22

4.7 3.1
100.0 3.1
2 "#carp-pst.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
April 24, 2023

ITEM FOR COUNCIL CONSIDERATION
Acceptance of donations made to the City as listed in Attachment A.

STAFF RECOMMENDATION
Accept the in-kind and cash donations.

Sample Motion: I move to accept the listed donations for equipment and monetary donations in support of the City.

BACKGROUND / DISCUSSION
On July 14, 2022, the City received a check from the Ann Jackson Family Foundation in the amount of $11,377 for the purchase of new in-pool vacuum. The Ann Jackson Family Foundation has been a long time City supporter and has donated to the Carpinteria Community Swimming Pool on numerous occasions in the past.

Fidelity Charitable made a donation in the amount of $3,000 to the City of Carpinteria to benefit the Carpinteria Community Pool. The City received a check on April 29, 2022.

In December 2021, The Kim Harley Seefeld Trust donated a redwood bench.

In January 2023, Tabitha Elwood donated a redwood bench.

In response to a unique opportunity for business promotion and community support, several companies and individuals sponsored pet waste bag stations located in our parks and in several neighborhoods. The suggested donation to sponsor a pet waste bag station cost $165 per year. The City will acknowledge this with a custom sticker that is put on the bag dispenser.

One of the main reasons donors support the City is because they believe their gift can make a difference and help improve the positive experience at our public venues.

Staff Report on Pool Donations
April 10, 2023

Donation boxes located in several nature parks have received cash donations from anonymous individuals that amounts to several hundred dollars. These funds are directed to volunteer support or site improvements.

FINANCIAL CONSIDERATIONS
Donations often offset costs for the City that would otherwise require other funds.

These donations are very helpful to continue specific programs and improve the quality of a City visit.

OPTIONS
Council could direct staff to return the gifted funds.

ATTACHMENTS
Attachment A: Parks Department Donations Received from May 2021 to March 2023 Staff contact: Amber Workman, Aquatics Superintendent
(805) 566-2417, [email protected] ~ {)~ lj../flie..

Signature ......
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Recreation Direct
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Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\Parks Department\Gifts-Donations Report\Staff Report Donations 2021 to March 2023.docx Staff Report on Pool Donations
April 10, 2023

ATTACHMENT A
PARKS DEPARTMENT DONATIONS RECEIVED FROM MAY 2021 TO MARCH 2021 Date Donor Item Amount
07/14/2022 Ann Jackson Family Foundation New In-pool Vacuum $11,377.00 04/29/2022 Fidelity Charitable Reimbursements- Pool Donation $3,000.00 12/10/2021 The Kim Harley Seefeld Trust Bench $750.00
January 2023 Tabitha Elwood Bench Estimated Value
$2,500.00
09/10/2021 Carpinteria Veterinary Hospital Sponsorship for DoQ Baqs Dispenser $320.00 09/16/2021 Lorraine Mcintire Sponsorship for DoQ Baus Dispenser $165.00 09/16/2021 Chris & Paula Galbraith Sponsorship for Dog Bags Dispenser $160.00 09/16/2021 Carpinteria Beautiful Sponsorship for DoQ Baqs Dispenser $1,280.00 09/16/2021 Phyllis Fencer Sponsorship for DoQ Baqs Dispenser $160.00 09/30/2021 Citizens For The Carpinteria Bluffs Sponsorship for Doa Baas Dispenser $320.00 09/30/2021 John Tilton Sponsorship for Dog Bags Dispenser $160.00 10/07/2021 Dinah & Ricardo Calderon Sponsorship for DoQ Baqs Dispenser $160.00 10/15/2021 Gail Marshall Sponsorship for Doa Baas Dispenser $160 .00 10/21/2021 Diane and Michael Ledbetter Sponsorship for Dog Bags Dispenser $320.00 10/29/2021 Kathryn Henry Sponsorship for DoQ Baqs Dispenser $160.00 10/29/2021 Alan & Carol Koch Sponsorship for DoQ Baus Dispenser $160.00 10/29/2021 David and Susan Allen Sponsorship for Dog Bags Dispenser $160.00 11/24/2021 Peter Tatikian Sponsorship for DoQ Baqs Dispenser $165.00 9/27/2022 David and Susan Allen Sponsorship for DoQ Baqs Dispenser $160.00 9/27/2022 Galbraith Livina Trust Sponsorship for Doa Baas Dispenser $160.00 9/27/2022 Gail Marshall Sponsorship for Dog Bags Dispenser $170.00 9/27/2022 Lorraine McIntire Sponsorship for DoQ Baqs Dispenser $160.00 9/27/2022 Ellen Fenaer Sponsorship for Doa Baas Dispenser $160.00 9/27/2022 Carolyn Wood Friedman Sponsorship for Dog Bags Dispenser $160.00 9/27/2022 C-DOG (Lorraine McIntire) Sponsorship for DoQ Baqs Dispenser $160.00 9/29/2022 Carpinteria Beautiful Sponsorship for DoQ Baas Dispenser $1,280.00 10/5/2022 Mike and Diane Ledbetter Sponsorship for Dog Bags Dispenser $320.00 10/24/2022 Dinah & Ricardo Calderon Sponsorship for DoQ Baqs Dispenser $160.00 10/27/2022 Citizens for the Carpinteria Bluffs Sponsorship for DoQ Baqs Dispenser $320.00 10/27/2022 John Tilton Sponsorship for Dog Bags Dispenser $160.00 11/7/2022 Peter Tatikian Sponsorship for DoQ Baqs Dispenser $160.00 11/8/2022 Alan and Carol Koch Sponsorship for DoQ Baos Dispenser $160.00 12/5/2022 Carpinteria Veterinary Hospital Sponsorship for Doa Baas Dispenser $320.00 12/5/2022 C-DOG (Van Fleisher) Sponsorship for Dog Bags Dispenser $160.00 12/7/2022 C-DOG (Lorraine McIntire) Sponsorship for DoQ Baus Dispenser $160.00 05/18/2021 Anonymous Donation Box at Dog Dispenser $24.91 08/31/2021 Anonymous Donation Box at DoQ Dispenser $63.11 05/18/2021 Anonymous Bluff Nature Preserve Donation Box $214.37 05/18/2021 Anonymous Salt Marsh Docents Donation Box $222.58 06/18/2021 Anonymous Salt Marsh Docents Donation Box $114.99 07/02/2021 Anonymous Salt Marsh Docents Donation Box $24.00 08/27/2021 Anonymous Salt Marsh Docents Donation Box $74.02 09/10/2021 Anonymous Bluff Nature Preserve Donation Box $48.52 09/16/2021 Anonymous Salt Marsh Docents Donation Box $5.55 02/10/2022 Anonymous Bluff Nature Preserve Donation Box $9.07 City of Carpinteria
Councrl Aceruoe Srlrr Reponr
April 24,2023

ITEM FOR COUNCIL CONSIDERATION
Code Compliance Quarterly Report Q1,2023.

STAFF RECOMMENDATION
Receive and file quarterly report.

Sample Motion: I move to receive and file the Code Compliance Quarterly Report

BACKGROUND
The Code Compliance Division enforces local and state laws for the City of Carpinteria.

Staffing includes one Code Compliance Supervisor and two Code Compliance Officers with varied schedules serving the City seven days a week. Code staff works both proactively and reactively to address zoning, building, homelessness, public nuisances, smoking restrictions, animal control provisions, and parking regulations within City limits. Code staff works in cooperation with all City Departments, the Sheriff's Office, and other agencies to resolve calls for service in an efficient and timely manner.

DISCUSSION
This quarter included 171total calls for service, down 16 from last quarter's 187. With hundreds of phone calls and service requests monthly, Code staff responds or investigates each inquiry to determine the appropriate course of action to best resolve these issues.

Code Compliance Quarterly Report
April24,2023

70 60
50 40
30 20
10 Total Calls for Service el (Jan.- Feb.- March 2l2gl
65 15
10 1,t
Animal Animal Business Graffiti
Control Violation Licensing
Services s
4 10
Parking , Public ' Street Zoning
Nuisance : dfld
,
j Sidewalk I
' Encroach
ments
3 3
3 0
I Health
and
Safety
Homeless
Contact
I Seriesl i.l 15 410 3 65 47 3 3 L0
N:\Gode Compliance\Status Reports\2O23\January 2023 Code euarterly Staff Report.docx Code Compliance Quarterly Report
April24,2023

.3
Code Compliance: 88 Calls for Service
3 .3
10 J .-J
70 60
50 40
30 20
1,0 4
0 10
Se ries 1 10 10
Business
Lice nsi ng
4 Graff iti l-lealth and
Safe ty
)
Homeless
Contact
65 Pu b lic
Nu isa nce
3 Zoning
Notable trends
Zoning Calls for Service: Notable zoning efforts included properties building without permits, unpermitted use of property, and businesses operating without a business license.

The Municipal Code and the California Building Code provide regulations for the placement, construction and maintenance of all buildings throughout the City. When a violation exists, several code compliance tools are used to gain voluntary compliance. lf voluntary compliance is not gained, staff has the ability to issue Administrative Citations in the amount of $100, $200, and up to $500 per day for each day that the violation continues to exist. Staff addressed 8 zoning calls for service this quarter.

Code staff addressed 2 Public Nuisance calls which can include property maintenance issues such as over grown lawns and shrubs, barking dogs or other loud sounds. Staff makes public contacts for public smoking and open containers, shopping carts, and homeless issues.

There were 62 contacts with people experiencing homelessness, which is down compared to last quarter's 96 contacts. Staffs'time continued to be focused on multiple individuals camping in or around Carpinteria Creek, a sensitive protected habitat. Due to inclement weather and the dangerous creek levels, the Carpinteria Creek Bike Path was closed for several weeks, daily patrols were conducted to insure health and safety. 16 Health and Safety, Graffiti, and Business Licensing contacts this quarter. These contacts include businesses operating without a permit, graffiti, smoking in public and trash in public right away.

N:\Code Compliance\Status Reports\2023\January 2023 Code Quarterly Staff Report.docx Code Compliance Quarterly Report
April24,2023

2023 Q1 Parking Citations
70 60
50 40
30 20
"Lu
0 59 61
29 28
10 5
1, t 1
3 4
2 S$"u:i-"S$$
rs'."'u "'-,s'"t- ^t"l.s
.r{S--$^ $:.'
Notable trends:

The 204 parking tickets issued and 61 calls for service were down from last quarter's 358 tickets and 79 service calls. Certain areas of the City such as neighborhoods with a higher overatt density are more prone to72-hour parking violations and calls for service. These areas require increased monitoring andenforcement actions to gain comptiance. Staff notes that parking enforcement actions were maintained in these higher density areas and the lower calls for service this quarter reflect the results.

N:\Code Compliance\Status Reports\2023\January 2023 Code Quarterly Staff Report.docx Code Compliance Quarterly Report
April24,2023

80 70
60 50
40 30
20 L0 .*.**I ^*
Animal Control & Services Q1 2023
Strays/Adopti
0 r SeriesL
Dog license
required
5 Dogs
prohibited
6 Dog leash
requ i red
12 Dog License
lssued
77 Dog Bites
ons
10 4
Notable trends: These calls include service requests for off leash reports, stray dogs, and disposal of dead animals. This quarter included 12 contacts for dogs off leash, 6 dogs in prohibited areas, and 5license checks. 10 Strays/Adoptions,77 dog license issued, and 4 bites reported with 3 quarantines handled by staff.

POLICY CONSISTENCY
The purpose of this report is to provide transparency to the public for the services the Code Compliance Division provides,

FINANCIAL CONSI DERATIONS
No financial analysis is included as a part of this report.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
No legal issues are presented as a part of this report.

OPTIONS
The City Council could provide additional direction to Staff regarding future reports

PRINCIPAL PARTIES EXPECTED AT MEETING
lnterested members of the public
N:\Code Compliance\Status Reports\2023\January 2023 Code Quarterly Statf Report.docx Code Compliance Quarterly Report
April24,2023

Staff contact: David Hernandez, Code Officer ll
(805) 7 55-4418, [email protected]
Reviewed by: Ron Alonzo, Code Supervisor
(805) 7 55-4408, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, daved@carpinteriaca. qov
Signature
ture
N:\Code Compliance\Status Reports\2023\January 2023 Code Quarterly Staff Report.docx City of Carpinteria
Cour.rcr- Aceruon Srarr Reponr
April 24,2023

ITEM FOR COUNCIL CONSIDERATION
Chalk Up Carpinteria 2023 Special Event

STAFF RECOMMENDATION
1 . Approve Special Event Permit Application for the Chalk Up Carpinteria 2023.

2. Approve an appropriation of $2,000 from the Parking Business lmprovement Area fund, account no.210-162-5601, and authorizing expenditure of $8,000 from the Community Services Support program, account no.104-162-5601.

Sample Motion: I move to:
1 . Approve Special Event Permit Application for the Chalk Up Carpinteria 2023.

2. Approve an appropriation of $2,000 from the Parking Business lmprovement Area fund, account no.210-162-5601, and authorizing expenditure of $8,000 from the Community Services Support program, account no.104-162-5601.

BACKGROUND
The City has worked in collaboration with the Carpinteria Arts Center and Muralisml to deliver the Chalk Up Carpinteria 2023 Special Event. This City sponsored event was first delivered in 2020 as "Chalk-the-Walk", a part of the City's Economic Vitality program work during the COVID-19 Pandemic. The event was a success and has the potential to become a part of the City's annual efforts to draw residents and visitors the Downtown as a part of its Economic Vitality program.

At its meeting of April 6,2023, the Downtown "T" Business Advisory Board (DTBAB) received a presentation on the Chalk Up Carpinleria 2023 special event. A copy of the presentation is shown as Attachment A. The DTBAB is recommending that the City 1 Muralism is a nonprofit organization dedicated to beautification projects while providing work experience to adults with disabilities. ln addition to assisting with promotion and delivery of the prior chalk event, Muralism worked with the City to deliver the Ash Avenue Boathouse Mural in 2022.

The Special Event Permit Application for the Chalk Up Carpinteria 2023 special event, as shown in Attachment B, proposes art activities for the general public with the intent of "promoting local businesses and bringing the Carpinteria Lommunity together". Art activities include the non-permanent, chalk drawings on the sidewalks ilong Linden Avenue that are within City's public right-of-way. The schedule of the speciil event is proposed on Saturday, May 20,2029, from g:00 a.m. to 5:00 p.m. and Sunday, May 21, 2023, from 8:00 a.m. to 5:00 p.m.

The Carpinteria Arts Center will serve as the registration and distribution hub. All chalk drawing submissions will be reviewed for appropriateness to all viewers. Promotional chalk drawings for local businesses will be done by Muralism disabled artists, and all approved chalk drawings will be promoted on the City's social media and the Coastal View News, respectively.

The total event costs are estimated at $10,000, primarily for supplies/materials, and Arts Center and Muralism staff time to manage the event registration'and participation process (see budget sheet in Attachment A). At its meeting of April 6,2023, DTBAB recommended for a $2,000 sponsorship from the PBIA punO budget towards the special event.

POLICY CONSISTENCY
Approval of this type of event can assist in improving economic vitality within the Downtown "T" business district.

Chalk Up Carpinteria 2023 Special Event
April24,2023
Page2
partner with the Arts Center to deliver this annual event as a benefit to the Downtown business district.

The purpose of this agenda matter is for the City Council to consider the recommendation for partnering with the Arts Center and Muralism to deliver the Chalk Up carpinteria202S special Event, and funding the related costs.

DISCUSSION

FINANC IAL CONSIDE TIONS
At its meeting of April 6,2023, DTBAB voted to commit $2,000 to this annual event (account no' 210-162-5601). The City's Community Services Support program includes appropriation sufficient to cover the remaining $8,000 event expense (account no. 104- 162-5601).

The event's beneficial economic impact to Downtown businesses has been recognized by the City Council previously as a part of a special recognition given to event organizers following the 2020 event.
20230424 chalk Up carpinteria 2023 special Event staff Report.docx Chalk Up Carpinteria 2023 Special Event
April24,2023

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Approval of the Special Event Permit Application allows the footprint of the special event to operate in the City's public right-of-way.

OPTIONS

1. Approve the Chalk Up Carpinteria 2023 Special Event including Special Event Permit Application and sponsorship.

2. Decline to approve the Chalk Up Carpinteria 2023 Special Event and direct staff as appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
Representatives of Muralism and the Carpinteria Arts Center

ATTACHMENTS
Attachment A:

Attachment B:

Presentation
Special Permit Application
Staff contact:

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

Dave Durflinger, City Manager
(805) 7 55-4400; daved@carpinteriaca. qov
20230424 Chalk Up Carpinteria 2023 Special Event Staff Report.docx

ATTACHMENT A
Presentation
Chalk Up
Carp
Festival
2023
Chalk up Carp Festival . May 20th at 8 am to May zl't at 4pm . City of Carpinteria hosted 2-day chalk festival. ' Promote local businesses & bring the Carp community together. ' Participants register for a spot on the sidewalk along Linden. ' Materials (chalk, masks, gloves, and sanitizer)provided by the City of Carpinteria. ' Muralism will make promotional chalk murals for local businesses as promotion ' Carpinteria Art Center to serve a registration and distribution hub.

Theme?
o Beach Living
. Friendship. Overcoming Hardship . Under the Sea
. New Suggestions
Welcome
Participation . All are welcome. . Artwork must be appropriate for all viewers - . Family Friendly. . No Nudity.
. No profanity . _No obscenity . No advertising
To Participate . email to [email protected]:
- Contact information: Name, email, and phone #.
- Bio
- Rough sketch andlor description
' Submissions reviewed, approved and location reserved and then confirmed through email. ' Submissions received after (tdb) will be confirmedatCarpinteriaArt Center day of the event. ' Walk-ups welcome and required to fill out a complete application (including artwork sketch).

Promotion . Social Media . Costal View
o Fliers . Instagram page for artists
to post their work. . Hash tag #ChalkUp Carp. . Promotional Chalk Drawings for local businesses by
Muralism Disabled Artists
Division of Responsibility
Lea Boyd . Promotion . Flier . Social Sedia . Distributing of Locations Greg Perea . Event Management . Scouting and Coordination of Locations, . Delineators . Material wrangling . Volunteer coordination Trophy Design . Kit Brown and Joanna Norstedt
Kristina Calkins (Lynda Fairly Carpinteria Art Center) . Bookkeeping for the event, . Scheduling of participants, . Ordering of materials, and . Venue Ernie MerlSn (Muralism) . Promotional artwork . Promotional chalk murals for the local businesses . Chalk mural during the festival City Manager of City of Carpinteria ' Costs . Pressure Washing . Delineators . Event Permits. u Ca 2023
Miscellaneous
Arts Center
Muralism
City of Carpinteria
Lea Boyd

ATTACHMENT B
Special Event Permit Application

THIS PAGE INTENTIONALLY LEFT BLANK
PERMIT NO.

City of Carpinteria, Galifornia

PUBLIC WORKS DEPARTMENT

SPEGIAL EVENT PERMIT APPLICATION
'1. EVENT INFORMATION
Name of Event Chalk up Carp
Address/Area/Location of Event DOwntOWn "T" Centered at the Lynda Fairly Arts center Linden Ave. from Carpinteria Ave to beach Carpinteria ave between Palm and Holly

2. EVENT ORGANIZER INFORMATION
Contact name Gregory Perea
phone 310 497 5927
Organization Muralism.org
Email [email protected]
Address 349 ash ave Carpinteria Ca 93013

3. EVENT INFORMATION
Description of event: Public participated sidewalk chalk festivalto promote our local buisenesses and bring the community together
Date of event: From MaY 20tn,2023
Estimated attendance 200 to 400
Start time (incl. set up) 8am
To: May 21s1,2023
End time (incl. clean up) 5pm
Willfood be sold?*
Will alcohol be served?*
Will alcohol be sold?*
Open to the public?
Will minors be present?
Admission fee charged?
Willfood be served?*
XYes l-J No
tl Yes Ll No
!Yes RNo
! Yes ryNo
trYes RNo
Ll Yes bd No
tlYes mNo
Will this event cause any disturbance, noise or congestion in the vicinity of the proposed event? Yes No lf yes, please attach an explain and give mitigating measures. *lf food or alcohol will be served, p/ease aftach the appropriate approved permits. For Temporary Food EVENT, which may be obtained from the Santa Barbara County Public Health Department visit vvww.sbcphd.orq. For Alcohol Beverage Control visit https://vvvvw.abc.ca.oov/Forms/PDFSpc.html (please note the City only allows alcohol under specific conditions and reserves the right to reject atcohot sales for special events). All vendors and commercial participants shall hive an active City of Carpinteria Business License at the time of the event. Vendors shall be required to have prooi of such License the day of the event if requested by City staff or other enforcement agency.

SITE PLAN/MAP ROUTE/TRAFFIC CONTROL PLAN DIAGRAM
Your site plan should include the following:

I Outline of entire event, including street names. lf your event includes road closures, please indicate the location of all closures, route to be traveled (if athletic event), including direction of travel and detours.
tl The location of allstages, platforms, scaffolding, loud speakers, bleachers, canopies, tents, portable toilets, booths, dumpsters and other temporary structures. u The location of all approved signs, barricades, and barriers. All signage associated with the event shall be placed as not to interfere with vehicles, bicycles anO plOestrians. Signs directing traffic shall be in accordance with the California manual of Traific Control Devices (cA MUTCD). t-l Any signs that the event organizer plans on using to direct athletic event participants (may not imitate traffic control signs in any way)
ll Other related event components not listed above
Support Request: Traffic U Crowd Control u street Closure u Other m The Public Works Department will consider your request for support; however, a request does not guarantee support. lf your event is requesting support from'the City, please plan accordingty and submit your application no less than two months prior to the eieit date. Requesfs foi - support require approval by the carpinteria city council or their designee.

PLEASE BE SURE YOUR APPLICATION IS COMPLETE!
ln addition to the items above, your application must include the following items to be considered for approval:
t l Application Fee ($135/non-profits, 9570/for-profits) LJ lnsurance lndemnification*
! Proof of lnsurance
I Additional lnsured Endorsement
*Not less than one million dollars ($1,OO0,OOO) combined single limit for both bodily injury and property damage. The policy or policies shall also contain a provision that no terminatioh, cancellation, or change of coverage for the insured or additional insured shall take effect until ten (10) days notice has been given in writing to the City Clerk of the City of Carpinteria.

Please attach any additional information including maps, descriptions, and insurance information. Your permit will not be processed unless it is complete.

Special Event Permit Page 2 Revised 8121 EM

4. CONDITIONS OF USE
A. PERMIT CONDITIONS
1 An EVENT is not considered permitted until (1) EVENT ORGANIZER delivers to the City of Carpinteria the Special Event permit application, application fee, certificate of insurance and additional insured endorsement, written evidence of permits and licenses, and any other items deemed necessary by the City of Carpinteria; and (2) the City of Carpinteria, in its sole discretion, approves such permit in writing.

EVENT ORGANIZER shall provide the City with a single contact who is to serve as the representative for EVENT ORGANIZER's activities.

EVENT ORGANIZER shall be responsible for securing all required permits and licenses.

The EVENT shall be used for the purpose stated in this agreement and no other use will be permitted.

EVENT ORGANIZER shall not use the City of Carpinteria's name to suggest endorsement or sponsorship of the event without prior written approval of the City of Carpinteria Public Works Director or his/her designee. EVENT ORGANIZER's publicity of the event shall clearly and accurately identify the name of the sponsoring organization or individual.

EVENT ORGANIZER shall permit any City of Carpinteria officers, employees, or agents to visit the event described in this permit.

EVENT ORGANIZER is an independent contractor and not the agent or employee of the City of Carpinteria.

B. INDEMNIFICATION AND INSURANCE

1. EVENT ORGANIZER shall indemnify, defend, and hold harmless the City of Carpinteria, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with EVENT ORGANIZER's use or occupancy of the EVENT and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City of Carpinteria, its officers, employees, or agents.

2. General liability insurance. EVENT ORGANIZER shall maintain commercialgeneral liability insurance with coverage at least as broad as lnsurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. lf alcohol is sold during the permitted activity, coverage must include full liquor liability. Such insurance shall name the City of Carpinteria, its officers, employees, agents, and volunteers as additional insureds prior to the date of the permit. EVENT Special Event Permit Page 3 Revised 8121 EM
2 3

4. 5.
6 7
3 4

5. 6.

ORGANIZER shall file certificates of such insurance with the City of Carpinteria, which shall be endorsed to provide ten (10) days notice to the Cfty of Carpinteria of cancellation or any change of coverage or limits. lf a copy of the insurance certificate rs n9t on file prior to the event, the city of carpinteria may deny access to the EVENT.

All insurance policies shallbe issued by an insurance company currenly authorized by the lnsurance Commissioner to transact business of insurance or is on the List of Approved surplus Line lnsurers in the state of california, with an assigned policyholders' Rating of A- (or higher) and Financial size category claiss Vll (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issu-e and is not intended by any party or insured to be aliinclusive, or to the 6xclusion of other coverage, or a waiver of any type. lf the EVENT ORGANIZER maintains higher limits than the minimums shown above, the City of Carpinteria requires and shallle entiled to coverage for the higher limits maintained by the EVENT oncnrutzrR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Carpinteria.

EVENT ORGANIZER shall report any personal injuries or property damage arising at gqr time during and/or arising out of or in any way connected with EVENT ORGANIZER's use or occupancy of the City of C-arpinteria's facilities and adjoining property to the City of Carpinteria Public Works Director or his/her designee, in r"ri-ting and as soon as practicable.

EVENT ORGANIZER waives any right of recovery against the City of Carpinteria, its officers, employees, and agents for fires, floods, earthquakes, civil disturbances, regulation of any public authority, and other causes beyond the their control. EVENT ORGANIZER shall not charge results of "acts of God" io the City of Carpinteria, its officers, employees, or agents.

EVENT ORGANIZER waives any right of recovery against the City of Carpinteria, its officers, employees, and agents for indemnification, contribution, or declaiatory relief arising out of or in any way connected with EVENT ORGANIZER's use or o""up"n"y of the EVENT and adjoining property, even if the city of carpinteria, its officers, employees, or agents seek recovery against EVENT oRGAi{lzER.

The City of Carpinteria makes no warranty, express or implied, as to the suitability of any roadway, bikeway or sidewalk for the'event proposed. Not all City facilities aie specifically designed for use as proposed.

The City of Carpinteria, at its sole discretion, may require a certain number of security or sheriff officers for the event. EVENT ORGANazER shall be responsible for C. SECURITY
1 Special Event Permit Page 4 Revised 8121 EM
procuring and paying for officers through the City of Carpinteria or a private security agency.

EVENT ORGANIZER is solely responsible for supervising all individuals at the EVENT and adjoining property during the event. The City of Carpinteria is not responsible for providing this supervision. However, the City of Carpinteria may evict individuals from the EVENT during the event if their conduct is not in the best interest of the public or is deemed to be detrimental in any way.

D. SET UP / CLEAN UP / TRAFFIC CONTROLS
All participants shall sign written acknowledgment stating the following: 1) the California Vehicle Code must be complied with, including but not limited to section 21464, "lnterference with Traffic Devices" and 2) that due caution shall be exercised This permit for use of the public rights-of-way for the subject event is not intended to provide participants with any guarantee of safety in completing the proposed activity.

Participants shall be responsible for their own safety in using the public rights of way.

It is the responsibility of the EVENT ORGANIZER to inspect and monitor the physical condition of the event route, including but not limited to pavement conditions, areas that may be effected by weather changes and traffic volumes, and determine the suitability of the route for the proposed event.
'No Parking' signs shall be installed 72 hours prior to the EVENT in those areas where parking will be affected.

Barricades/cones shall be installed one half hour (minimum) prior to beginning of event and shall be removed immediately upon completion of the event. Vehicles shall be placed on the event side of the barricades as an added measure of protection. All barricades shall be monitored to ensure emergency vehicles can enter and exit the event location without impediment.

All traffic control signage notifying motorists of approved road closures and detours shall be in conformance with the California Manual on Uniform Traffic Control Devices.

The EVENT ORGANIZER shall conduct a briefing for all event monitors explaining the conditions of this permit. Unsatisfactory conduct by event monitors, promoters or sponsors is grounds for revocation of this permit and/or denial of future permits.

EVENT ORGANIZER shall not use any permanent markings or fasteners in any part of the public right-of-way and shall not make or allow to be made any alterations of any kind therein.

EVENT ORGANIZER shall be responsible for all cleanup of the EVENT, including adjacent grounds, at the end of the EVENT. EVENT ORGANIZER shall pick up, bag, and remove all trash and any markings generated by all activity in any way connected with its use of the EVENT, leaving the public right-of-way clean and free of all trash and litter. EVENT ORGANIZER shall also leave all fixtures, if any, in good working condition.
2 1

2. 3
4 5
6 7

8. 9
Special Event Permit Page 5 Revised 8121 EM
E.

10. EVENT ORGANIZER shall not store any equipment or materials at the EVENT or adjoining property without the prior written approval of the City of Carpinteria Manager or his/her designee.

11. EVENT ORGANIZER shall be responsible for any and att damage to the EVENT and/or its conterrts during use. ln the event damage occurs or excessive cleaning is necessary, EVENT ORGANIZER shall be charged for any and alljanitorial and/oi repair fees incurred by the City of Carpinteria as a result.

EQUIPMENT / ACCESSORIES
1' EVENT ORGANIZER shall not remove, relocate, or take City of Carpinteria property outside of the EVENT for any reason without the prior written approval of the City oi Carpinteria Public Works Director or his/her designee.
2' EVENT ORGANIZER shall not use City of Carpinteria equipment, tools, or furnishings located in or about the EVENT without the prior written approval of the bity ot Carpinteria Public Works Director or his/her designee.

3. EVENT ORGANIZER shall not drive motorized vehicles on field or green space.

4. The City of Carpinteria does not provide audio/visual systems, public address systems, spotlights, floodlights, or projectors. EVENT ORGANIZER, at its own cost, may bring these systems into the EVENT for their use.

5. EVENT ORGANIZER shall secure the approval of the City of Carpinteria before using audio/visualsystems, public address systems, and live oirecorded amplified music. and bEnr$$ieofi(FADfBERsfiHen& Goetel,ihdevise, or broadcast the event or any portion thereof without prior written approval of the City of Carpinteria public Works Director or his/her designee.

F. MISCELLANEOUS

1. EVENT ORGANIZER shall comply with all local, state, and federal laws and regulations related to the use of the EVENT. The EVENT ORGANIZER agrees to abide by all applicable federal and state accessibility standards and regulitions. 2' EVENT ORGANIZER shall not admit a larger number of individuals than can laMully, safely, and freely move about the EVENT.

3. Gambling of any kind is not permitted at the EVENT.
4- The EVENT shall comply with Municipal Code g8.52 Smoking Regutations. The Code prohibits smoking in all public places where other persons can belxposed to secondhand smoke. Pursuant to $8.52.060 D, the applicant shall designate a smoking area where smoking may be permitted subject to the conditiois listed in

58.52.060 C of the Carpinteria MunicipatCode.

5. lf EVENT ORGANIZER violates any part of this permit or reports false information to the City of Carpinteria, the City of Carpinteria may refuse EVENT ORGANIZER future Special Event Permit Page 6 Revised 8121 EM
permits and EVENT ORGANIZER shall forfeit a portion of or all of the fee and/or the deposit.

The City of Carpinteria may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community.

Any person aggrieved by the City of Carpinteria's decision with respect to this permit may appeal to the City of Carpinteria Public Works Director or his/her designee in writing no later than five (5) days after the City of Carpinteria's decision has been communicated to the aggrieved party.
lf any provision of this permit is held to be invalid or unenforceable, the remaining provisions shall remain in fullforce and effect.

IMPORTANT
I am an authorized agent of the organization submitting this agreement. The information provided in this agreement is true and correct. I have read and understand this agreement and agree to all of the aforementioned rules, regulations, and conditions of use.

6. 7
8 Signature
Gregory Perea
Print name
Muralism.org
Organization
349 ash ave Carpinteria Ca 93013
Address
310 497 5927
Phone
g regoryperea@yahoo. com
Email
fVfPnnn*
permit 1gs N/a
Sheriffs Department
City of Carpinteria USE ONLY
Public Works Director
Date
Total paid
Deoosit returned
City Manager
Deposit
APPROVED BY:

Date Date
Special Event Permit PageT Revised 8121 EM
Special Event Permit Page 8 Revised 8121 EM

City of Carpinteria
Cour,rcrr- Aceruoa Srarr Reponr
Apnu 24,2023

ITEM FOR COUNCIL CONSIDERATION
Report on Lighting, Landscaping and Right-of-Way lmprovement District No. 3 for Fiscal Year 2023-24.

STAFF RECOMMENDATION
Adopt Resolution Nos. 6228 and 6229, acting to accept and file the mandatory Annual Report of the City Engineer and set the matter of the continuation of Lighting, Landscaping and Right of Way lmprovement District No. 3 for Fiscal Year 2023-24 for public hearing at the regular City Council Meeting of May 22,2023.

Sample Motion: I move to adopt Resolution Nos. 6228 and 6229, as ready by title only, acting to accept and file the mandatory Annual Report of the City Engineer and set the matter of the continuation of Lighting, Landscaping and Right of Way lmprovement District No. 3 for Fiscal Year 2023-24 for public hearing at the regular City Council Meeting of May 22,2023.

BACKG ROU N D/DISC USSION
On March 27,2023, by Resolution No. 6215, the City Council ordered a report on the status and projections for Lighting, Landscaping and Right of Way lmprovement District No. 3 (District) for Fiscal Year 2023-24. The District provides funding for the maintenance of rights of way including repairs to curbs, gutters, sidewalks, and tree removal and planting, and the tree management program. The District may also make assessments for street lighting, but such assessments are not made since the overlapping Street Lighting District No.1 provides funding sufficient to meet any street lighting needs.

The District encompasses the entire City, and assessments are made on a parcel by parcel basis depending on use, location, and need for services. District revenues are currently used to pay for one Maintenance Worker I and one Maintenance Worker ll P:\PW Boards & Committees\CC\2023\042423\ROW District No. 3 Annual Report\042423 ROW Staff Report.docx
T"qg$-ol Lig-hting, Landscaping and Right-of-way lmprovement District No. 3 for Fy 2o2g-24 April24,2023 Page2
positions as well as general right of way maintenance, tree maintenance, and water and electric utilities costs.

A report of the City Enginger is required annually in accordance with California Streets and Highways Code Section 22500 et al., and iithe second of a three-step procedural process required each year in order to continue the District. rne steps are i; order the report and issue the Notice of lntent to continue the assessment Disirict, 2) Accept the report and set for public hearing, and 3) Conduct the public nearing-ano decide on continuing the District.

POLICY CONSISTENCY
The City General Plan/Local Coastal Plan includes policies that address the maintenance of street corridors in the City. Specifically, policies cD-g;, cD-gb, CD-ga, cD-gb, cD-9c, cD-gd and cD-9f addresi pedestrian and bicycle pathways. The District is the financial means by which the City can, in part, implement these policies.

FINANCIAL CONSIDERATIONS
The Report by the City Engineer (Attachment A) includes a summary of revenue and expenses for the.District providing past years, current year, anO projected data for next year. The District's income stream is derived from a fiied dolla, "rr"r.rent on real property, while a majority of the District's expenses are subject to inflationary pressures. Aging streets and sidewalks atso increased the District's miintenance expenses. To minimize the need for General Fund subsidation, capital improvements are no longer being funded by this source.

The District's annual revenue of approximately $195,000 is insufficient to address both maintenance and capital improvements needeo tor the District. An estimated $12g,g14 subsidy from the General Fund would be needed to balance the District fund for the current fiscal year. Th-e beginning fund balance of Fiscalyear 2022-2gwas $0. The ending fund balancgg fgr fiscal years 2022-23 and 2023-24 are p.i".t"o to be g0, respectively. See Attachment A.

The following is the sequence of events for continuing the District:

March 27,2023 -- Adopt a resolution ordering the preparation of a report describing the financial status and recommending assessments for fiscal yJar 2023-24.

April24,2023 -- The report is prepared and presented by staff with recommendations.

Adopt a resolution accepting the report.

P:\PW Boards & Committees\Cc\2023\042423\RoW District No. 3 Annuat Report\042423 RoW Staff Report.docx Report on Lighting, Landscaping and Right-of-Way lmprovement District No. 3 for FY 2023-24 April24,2023

Adopt a resolution of intention to continue the District and to levy assessments for next year and set for public hearing.

May 22,2023 -- Conduct a public hearing on the proposal to continue the District.

Adopt a resolution continuing the District and levying assessments for Fiscal year 2023-24.

The City has not increased the assessment for this District since it was originally adopted. Should an increase in the assessment be considered, the City must abide by the following procedure to impose any new or increased special assessment:

1. ldentify the benefit the public improvement will provide.

The City must identify the benefits that the District assessment will provide. The District provides maintenance and repairs of curb, gutter and sidewalks, tree planting, tree trimming and tree removal as well as installation and maintenance of landscaped street tree planters and medians.

2. ldentify the parcels to receive special benefit
The City must identify all of the parcels, including property owned by federal, state, or local governmental agencies, which will have a special benefit conferred upon them and upon which the assessment will be imposed.

3. Determine whether the improvements provide general benefits and identify appropriate source of funding therefore.

Because assessments are limited to capturing the amount of money that specially benefits property, it is necessary to determine if the costs of the improvements provide a general benefit. lf so, the general benefit must be paid for with other agency sources of funding.

4. Determine proportionate special benefit
The assessment on a parcel may not exceed the reasonable cost of the proportionate special benefit conferred on such parcel. Accordingly, once all of the parcels are identified, the City must determine the proportionate special benefit to each property in relationship to the entirety of the cost of acquiring or constructing an improvement, or of maintaining and operating such an improvement. The City will make this determination by obtaining an engineer's report that supports the assessment by identifying the benefitted parcels, distinguishing general from special benefits, and apportioning the assessment.

5. Provide adequate notice of the protest hearing on the proposed assessment P:\PW Boards & Committees\CC\2023\042423\ROW District No. 3 Annual Report\042423 ROW Staff Report.docx
Report on Lighting, Landscaping and Right-of-Way lmprovement District No. 3 for Fy 2O2g-24 April24,2023

The City must mail written notice of the proposed assessment to the record owner of each parcel at least forty-five (45) days prior to the public hearing on the proposed assessment. The information in the mailed notice should be based on the engineer's report and the date, time, and location of the public hearing along with a ballot to be completed by the owner where the owner indicates their support or opposition to the proposed assessment.

6. Hold a public hearing.

Not less than forty-five (45) day after mailing the notice, the City must conduct a public hearing. During the hearing, the City must consider all objections to, or protests against, the proposed assessment and tabulate the ballots received before the conclusion of the public hearing.

7. Adopt an increase by Resolution or Ordinance
lf there is no majority protest, the City may make a determination to increase or impose a new assessment based on the information in the engineer's report and/or determined at the hearing, and then, by ordinance or resolution, adopt the proposed assessment.
oNs
1 Adopt Resolution Nos. 6228 and 6229, acting to accept and file the mandatory Annual Report of the City Engineer and set the matter of the continuation of Lighting, Landscaping and Right of Way lmprovement District No. 3 for Fiscal Yggt 2023-24 for public hearing at the regular City Council Meeting of May 22, 2023.

The City Council could choose to modify the mandatory Annual Report and approve it as modified, and continue the Lighting, Landscaping and Right of Way lmprovement District for Fiscal Year 2023-24 for public hearing at the regular Ciiy Council Meeting of May 22,2023.

The City Council could choose not to accept the mandatory Annual Report and/or not set the matter of continuing the Lighting, Landscaping and Right of Way lmprovement District for Fiscal Year 2023-24 for public,hearing; hbwever, by omitting this step, the District would not be continued for Fiscal Year 2O2g-24.

PRINCIPAL PARTIES ECTED AT MEETING
There are no principal parties expected at the meeting
2 3
P:\PW Boards & Committees\CC\2O23\042423\ROW District No. 3 Annuat Report\042423 ROW Staff Report.docx
Report on Lighting, Landscaping and Right-of-Way lmprovement District No. 3 for FY 2023-24 April24,2023

ATTACHMENTS
Attachment A:

Attachment B:

Attachment C:

Report of the City Engineer
Resolution No.6228
Resolution No. 6229
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]
P:\PW Boards & Committees\Cc\2023\042423\ROW District No. 3 Annual Report\042423 ROW Staff Report.docx

ATTACHMENT A
Report of the Gity Engineer

CITY OF CARPINTERIA

REPORT OF THE CITY ENGINEER RELATIVE

TO THE ASSESSMENT OF CARPINTERIA
LIGHTING, LANDSCAPING AND RIGHT.OF.WAY IMPROVEMENT DISTRICT NO. 3 April24,2023

1. INTRODUCTION
This report is prepared pursuant to Resolution No. 6215 as adopted by the City Council on March 27 ,2023. The objective of the report is to describe the status of the District which provides funding for maintenance and improvements to the public right-ofway, including but not limited to maintenance and repair of curbs, gutters, sidewalks, street trees, and related activities. Further, the purpose is to provide a recommendation for assessments for the coming year which provides revenue to offset the costs involved in the district.

2. BACKGROUND
The Lighting, Landscaping and Right of Way lmprovement District No. 3, hereinafter called District, was formed under the authority of the Landscaping and Lighting Act of 1972 in accordance with California Streets and Highways Code Section 22500 et al. The District was formed after lengthy study and hearings that were completed in June 1985.

Under the provisions of said authority, an annual report of the City Engineer must be presented and a hearing conducted on the proposed assessments for the upcoming fiscal year, Fiscal Year 2023-24. The assessment is not considered a tax in that the "benefit" is derived in accordance with the assessment, which varies from location to location depending upon the level of maintenance required in the public right-of-way adjacent to a parcel.

Effective with the adoption of the Fiscal Year 1992-1993 budget, assessments were increased $150,000 to finance the cost of park maintenance previously financed by the General Fund.

With the passage of Proposition 218 in Fiscal Year 1996-1997 park maintenance costs became ineligible for funding from this source and the $150,000 assessment for park maintenance was removed from the roll in Fiscal Year 1997-1998. ln that same year, Carpinteria voters approved a Park Maintenance Tax that was accounted for in a separate Park Maintenance Fund to finance these activities.

ROW District Report by City Engineer for Fy 2O2Z-24
Page2

3. FINANCIALDATA/ASSESSMENTINFORMATION
The income stream to the District consists of a fixed dollar assessment on real property, interest, and transfers from other funds. Fund transfers, such as from the Gas Tax Fund, are permitted to offset expenses associated with District staff performing activities as a part of District implementation that qualify for payment through the Gas Tax Fund. Although the expenses of the District are subject to inflationary pressures, there is no corresponding provision for inflationary adjustments to the assessments. The current assessment amount may only be increased by submitting the issue to a vote of the City's electorate. Although District revenue is currently not sufficient to cover costs, revenue from other sources ($1Ot ,522) are proposed for use to fully fund the District.

See Exhibit 2.

4. DISTRICT BOUNDARIES
Exhibit 1 is a map of the District boundary. The District boundary is coterminous with the City boundary with the exception of that portion located off-shore. public and other exempt properties are not assessed by the District.

5. ANNEXATIONS
There were no annexations to either the City or the District during the past fiscal year.

6. RECOMMENDATION
It is recommended that the City Council adopt Resolution Nos. 6228 and 622g, thereby acting to accept and file the mandatory annual report of the City Engineer and set the matter of the continuation of Lighting, Landscaping, Right of Way lmlrovement District No. 3 for Fiscal Year 2023-24 for public hearing a[tfre regular City iouncil meeting of May 22,2023.

By: John L. llasin, P.E.

Public Works Director/City Eng ineer
Public Works Department
City of Carpinteria
ROW District Report by City Engineer for FY 2023-24

Exhibit 1
Map of District Boundary
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City of Carpinteria
Lighting, Landscaping and Right of
Way lmprovements District No.3
While reasonable efrorts have been made to createan acoJmte map, the City cannot ensure its accurary_ ROW District Report by City Engineer for FY 2023-24

Exhibit 2
State of Fund Transactions and Financial Condition for the District ROW District Report by City Engineer for Fy 2029-24

Fund Balance; July 1
Fiscal Year Revenues
Fiscal Year Expenditures
Fund Balance; June 30
LIGHTING, I.ANDSCAPING AND RIGHT OF WAY IMPROVEMENT DISTRICT NUMBER 3

STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION
FUND 33

RIGHTOFWAYFUND ACTUAT ACTUAL ACTUAT BUDGET PROJECTED
20L*20 2A2U2L 2027-22 2022_23 2023-24
A. SUMMARY OF FUNDTMNSACTIONS:
s s (1,66s) 5 tr2,s72)S(72,5721 512,s72l
355,279 224,586 3L7,368 297,122 297,122
356,9M 235,493 317,368 297,122 297,122
(1,66s) s ft2,s72) 5112,572) 5{G2,s72) S(r2,s721
Revenue Over/( Under) Expense s (1,66s) s (10,907) S
B. BAIANCE SHEET, JUNE 30
s s
ASSETS:

Cash in Savings
Accounts Receivable
Total Assets
LIABILITIES AND FUND BALANCE:

Accounts Payable
Fund Balance
Total Liabilities & Fund Balance
C. FISCAL YEAR REVENUE DETAIL:

District #3 Assessment
Penalties and lnterest
Miscellaneous Revenue
Transfer from Other Funds
Total Revenues
D. FISCAT YEAR EXPENDITURE DETATI:

Personnel Expense
Right-Of-Way Mai ntenance (Contract)
Street Tree Mai ntenance (Contract)
Supplies and Materials
Vehicle Operations
Other Contract Services
Utilities
Total Ope rating Expense
Transfers Out
Capital lmprovements
Total Capital Outlay Expense
s s s s s
s s s 5 s
S 198,+t5 S
30s
2,684
1s3,876
S 198,186 S 193,ooo
1t423',) 100
2,500 2,500
7I7,rO4 r0t522
r94,285
628
29,673
S 193,ooo
100
2,500
r07,522
s 3ss,279 s 224,586 s 317,368 5 Zgt,tZZ $ 297,122
5 r9z,3r9
52,465
5 nzteq
61,733
5 r27,39L
90,742
s 121,500
74,250
s 121-,500
74,250
2L,t41 15,205 34890 21,500 21,500
22,871
35,730
930
M,84I
5,918
46,269
21,000
46,300
21,000
46,300
324,526 235,493 305,210 284,550 284,550
32,419 r2,I58 12,572 12,572
Total Expenditures s 356,944 s ZSS,age S317.368 5 297.r22 s 297,122

ATTACHMENT B
Resolution No. 6228

THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6228

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CARPINTERIA

ACCEPTING AND ORDERING THE FILING OF THE REPORT OF THE

CITY ENGINEER, LIGHTING, LANDSCAPING AND RIGHT OF WAY
TMPROVEMENT DTSTRTCT NO. 3 (FY 2023-241
WHEREAS, the City Council of the City of Carpinteria, California, did in Resolution No. 6215, adopted March 27, 2023, pursuant to the provisions of the California Landscaping and Lighting Act of 1972 (Section 22500 et seq. of the Streets and Highways Code), required the City Engineer to make and file with the City Clerk a report in writing, presenting certain matters to order certain street lighting fixtures and appurtenances to be installed, electrical energy and maintenance to be furnished for street lights; and to maintain landscaping, which includes the maintenance of street trees; replacing of same and appurtenances and appurtenant work relating to the above said landscaping including street tree maintenance; the installation and maintenance of irrigation systems necessary for the above; street sweeping; maintenance of designated parkways, landscaped areas, and curbs, gutters, and sidewalks, as contemplated under the provisions of the Landscaping and Lighting Act of 1972; and WHEREAS, on Apri|24,2023, the City Engineer made and filed in the office of the City Clerk the report, which is responsive to the requirements of said resolution and as contemplated under the provisions of the Landscaping and Lighting Act of 1972; and WHEREAS, said the Public Works Director has presented the said report to the City Council, and the City Council has proceeded to carefully examine, inspect, and consider said report and is satisfied with said report and with each and all of the items therein set forth.

NOW, THEREFORE, BE lT RESOLVED as follows:

SECTION 1. That the report of the City Engineer of the City of Carpinteria, California, dated April24,2023, prepared and filed in the Office of the City Clerk pursuant to the requirements of the provisions of Resolution No.6215 and in conformitywith the provisions of the State Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) is hereby approved as so prepared, presented and filed.

SEGTION 2. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of the City Council and shall make a minute of the passage and adoption thereof in the records of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.

Resolution No. 6228

PAssED, APPROVED AND ADOPTED on Aprit 24,2023, by the foltowing vote AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Mayor, City of Carpinteria
ATTEST
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
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
l_hereby certify thatthe foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on April 24,2023.

ATTACHMENT C
Resolution No. 6229

THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6229

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CARPINTERIA

DECLARING ITS INTENTION TO LEVY ASSESSMENTS WITHIN LIGHTING, LANDSCAPING AND RIGHT-OF.WAY IMPROVEMENT DISTRICT NO. 3 FOR THE 2023/,2024 FISCAL YEAR AND APPOINTING A TIME AND PLACE FOR HEARING

PROTESTS IN RELATION THERETO
WHEREAS, the Lighting, Landscaping and Right-of-Way lmprovement District No 3 ("District") was established in 1985 by the City Council pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) to fund the cost of maintaining and servicing improvements in the right of ways within the boundaries of the District; and
WHEREAS, the City Council has continuously since levied an annual assessment on the lots and parcels of the District in an amount equal to and proportional to the benefits received by such lots and parcels for said maintenance and servicing; and WHEREAS, the assessment is made in the public interest to ensure street safety

NOW THEREFORE, THE CITY COUNCIL OF THE GITY OF CARPINTERIA,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. lt is the intention of the City Council to order the continuation of the assessment district known as the Lighting, Landscaping and Right-of-Way lmprovement District No. 3 for the fiscal year beginning July 1,2023 and ending June 30,2024.

SECTION 2. Continuation of said District shall entail the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972, whereby certain street lighting fixtures and appurtenances be installed, electrical energy and maintenance be furnished for street lights; and maintenance of landscaping, which includes street trees; replacing of the same and appurtenances and appurtenant work relating to the above said landscaping and tree maintenance; the installation and maintenance of irrigation systems necessary for the above; street sweeping; maintenance of designated parkways, landscaped areas, curbs, gutters, and sidewalks, as shown on Diagram for the Lighting, Landscaping and Right of Way lmprovement District No. 3.

SECTION 3. The District boundary is coterminous with the City boundary with the exception of that portion located off-shore. Public properties shall be omitted and are not assessed by the District.

SECTION 4. The City Council has approved the Engineer's Report on the annual assessment for fiscal year 202312024, copies of which are on file with the City Clerk's Office. Reference to the Report may be made for a full and detailed description of the Resolution No. 6229
Page2
improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district.

SECTION 5. The City Council finds that the assessments to be levied against each lot and parcel within the District are less than or equal to the assessments levied in fiscal year 202212023.

SECTION 6. That on May 22,2023, at approximately 5:30 P.M., at City Council Chambers in City Hall, located at 5775 Carpinteria Avenue, is hereby appointed as the date and place for hearing protests in reference to said improvement.

SECTION 7. That the City Clerk is hereby authorized, designated and directed to give notice of said hearing in time, form and manner as required by law.

SECTION 9. That this resolution shall take effect immediately on adoption PASSED, APPROVED AND ADOPTED on April 24,2023 by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Mayor, City of Carpinteria
ATTEST
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on April 24,2023.

Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
Resolution No. 6229

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,rcr- Aceruoa Srerr Reponr
April 24,2023

ITEM FOR COUNCIL CONSIDERATION
Report on Parking and Business lmprovement Area Assessment District No. 4 for Fiscal Year 2O23-24.

STAFF RECOMMENDATION
Adopt Resolution Nos. 6230 and 6231, acting to accept the mandatory Annual Report and Budget and to set the matter of the continuation of Parking and Business lmprovement Area District No. 4 for Fiscal Year 2023-24 for public hearing at the regular City Council meeting of May 22,2023.

Sample Motion: I move to adopt Resolution Nos. 6230 and 6231, as read by title only, thereby acting to accept the mandatory Annual Report and Budget; and to set the matter of the continuation of Parking and Business lmprovement Area District No. 4 for fiscal year 2023-24 tor public hearing at the regular City Council meeting of May 22, 2023.

BACKGROUND
The Parking and Business lmprovement Area (City Assessment District No. 4) was formed in September 1986 with the adoption of City Ordinance No. 393, pursuant to the California Parking and Business lmprovement Area Law of 1979. Parking and Business lmprovement Areas are formed to enhance a specific area and increase customer/ tourist appeal. This has historically been accomplished through parking improvements, advertising/promotions, and increased public services like restroom and sidewalk cleanings. ln 1989, the State of California repealed the Parking and Business lmprovement Area Law of 1979 and enacted the Parking and Business lmprovement Area Law of 1989 (Streets and Highways Code Section 36500 et seq.). This new law was the impetus for the adoption in 1990 of City Resolution No.1882, which appointed a required five member Downtown "T" Business Advisory Board or DTBAB (formerly the Parking and Business lmprovement Advisory Board or PBIAAB) to advise the City Council regarding the level of assessments, expenditure of revenues from the assessments, and to provide an Annual Report (Attachment A) outlining certain Annual Report for PBIA Assessment District No. 4
April24,2023
Page2
activities within the District for the coming fiscal year. ln 2019, the City Council restructured the DTBAB from a five-member to a seven-member Aoaid with three alternate members.

On March 27 ,2023, by Resolution No. 6216, the City Council ordered a report on the statusand projections for Carpinteria Parking and Business lmprovement Area District No. 4 for Fiscal Year 2023-24.

This matter will allow the City Council, if determined appropriate, to accept the Report and to set a public hearing date for its consideration of continuing the District.

DISCUSSION
The Board has a duty to prepare and present an Annual Report to the City Council that addresses all matters relating to the Assessment District, including tne methoOs and basis of levying the assessments and recommendations on the usL of funds collected by the District. Additionally, the Board makes recommendations to the City Council for general promotion of business activities, economic growth and stability of ine District, and general maintenance issues within the Downtown ,,T,,.

The Downtown "T" Business Advisory Board recommends that its Annual Report (Attachment A) be fonrarded to the City Council. The Annual Report contains the following recommendations:

The current $1 19.25 General Business Assessment annual fee which is applicable to all businesses located within the boundaries of Assessment District No. 4, is io be adjusted by the Consumer Price lndex for Urban Wage Earners and Clerical Workers for Los Angeles-Riverside-Orange County, CA based on the March to March increase evaluation (+2.84%) to $122.64.

Special Parking Assessment Fees, which apply only to selected businesses, are currently not active.

Although there are occasional delinquencies in the payment of general business assessment fees, delinquent merchants continue to receive the benefits funded by the business assessment fees. The Downtown "T" Business Advisory Board urges tn6 City Council to continue to support staff in vigorously pursuing delinquent asseslment fees, up to and including_Small Claims proceedings and/or collections, with any appeal made directly to the City Council.

Unpaid balances from an individual merchant continue to not be forgiven, rather the balance due be carried forward and added to assessments billed to tnat business in the next fiscal year. Those merchants currently delinquent will be sent a delinquent notice and letter. There are currently 22 delinquent businesses with a total unpaid assessment of $2,146.50. The Administrative Services Department and Code Compliance Division of Community Development is currently reaching out to the delinquent businesses to P:\PW Boards & Committees\CC\2023\042423\PBIA District No. 4 Continuation\042423 pBtA Staff Report.docx
Annual Report for PBIA Assessment District No. 4
April24,2023

verify if they are in fact still in business and if so, informing them that they need to pay the assessment.

The PBIA District spends approximately $13,000 on various Downtown "T" promotions and related activities including the lndependence Day Parade, Halloween Trick or Treat, the Holiday Spirit Parade, and operation of the light pole banner program. Over the last 20 years, expenses for maintaining the City's downtown infrastructure have grown considerably. ln the 1990's the City improved the Downtown with new pavement and sidewalks, landscaping, decorative street lighting and street furniture (benches, trash receptacles, newspaper vending racks, etc.) The City of Carpinteria now spends from Public Works funds, such as Gas Tax and Measure A funds, approximately $25,000 per year on steam cleaning the Downtown sidewalks, approximately $50,000 on operating and maintaining the restrooms adjacent to Parking Lot Nos. 1 and 3, and approximately $20,000 on landscaping, lighting and street furniture maintenance.

POLIGY CONSISTENCY
The preparation and adoption of the Annual Report is consistent with the requirements laid out in Chapters 3 and 4 of the "Parking and Business lmprovement Area Law of 1989' of the California Streets and Highways Code.

FINANCIAL CONSIDERATIONS
Total revenue from the District is proposed to be approximately $15,000. For FiscalYear 2023-24, the District will only collect fees from General Assessment Fees since the Parking Lot No. 3 debt has been paid off. Attachments C and D detail the state of current fund transactions, the financial condition of the District and the proposed assessment roll for Fiscal Year 2O23-24. A description of the fees, including their status, is provided below:

General Assessment Fees: apply to all businesses within the district and are currently proposed to be $122.64 per business for Fiscal Year 2023-24. These fees are used for promotion, maintenance, and revitalization activities within the District.

Special Parkinq Assessment Fees: apply only to selected businesses and are based on parking shortfalls as specified by City Zoning Code and a benefit ratio. The benefit ratio is based on a business's proximity to the location of a specific parking improvement and is used for acquisition, construction, and maintenance of those specific sub area parking improvements. The City has three publicly owned parking lots that are improved through special assessments. The remaining special parking assessment (Parking Lot No. 3) has been paid off and there are no active special parking assessments for Fiscal Year 2023-24.

Parkinq Lot # 1 (Located on 9th Street between Yucca Lane and Elm Street) The funding program for this parking lot, which was financed through the sale of serial bonds, was paid off in 1988 by means of property assessments on the individual property owners. ln Fiscal Year 1996-97 an assessment fee was P:\PW Boards & Committees\CC\2023\042423\PBIA District No. 4 Continuation\042423 PBIA Staff Report.docx
Annual Report for PBIA Assessment District No. 4
April24,2023

levied on businesses adjacent to Parking Lot #1 to reimburse the City for half of the costs incurred for resurfacing of the parking lot. Final payments on this assessment were completed in June, 2006.

Parki Lol#2 (Located on Cactus Lane)
The funding program for Parking Lot#2was established in FiscalYear 1987-88.

SB 959 Grant monies were used to fund a portion of the cost and funding of the balance was shared equally by the City and the businesses located in the area of benefit. The business share of the assessment was paid otf in June, 1ggr.

Park Lot #3 (Located at the Amtrak Station on Linden Ave. and Fifth Street) Parking Lot #3 was completed in FiscalYear 1g8g-90. SB g5g Grant monies were used on this project and, since this lot was intended to benefit both the downtown and the beach area, a portion of the cost was funded through the Tidelands Trust Fund as well as the City's General Fund. BusinesseJlocated in the proximity of Parking Lot #3 (also known as Sub Area "8") are currenily paying an assessment of $51.00 per parking space shortfall. This debt was paid off in 2018.

The projected fund balance at the end of this fiscal year (Fiscal Year 2022-23) is $1 1,976. Estimated revenue for fiscal year 2O23-2a is $i 5,000 and the proposed budget is $15,300, leaving a fund balance at June go, 2024 of $1 1 ,626. The proposed budget can be found in Attachment A and includes expenditures for Downtown events and activities.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Assessments for District No. 4 are made on businesses located within the improvement area; not on property owners. As such these assessments are not subject to the provisions of Proposition 218. lt is possible to establish a district that is property based making collections through the County property tax roll. Such a district and assessments would; however, be subject to proposition 21g requirements.

OPTIONS

1. Adopt Resolution Nos. 6230 and 6231, acting to accept the mandatory Annual Report and Budget and to set the matter of the continuation of Parking and Business lmprovement Area District No. 4 for Fiscal Year 2023-24 foipublic hearing at the regular City Council meeting of May 22,2023. 2. The City Council could choose not to accept the mandatory annual report and/or not set the matter of continuing the Parking and Business lmprovement Area District for Fiscal Year 2023-24 for public hearing; however, by omitting this step, the District would not be continued for Fiscal year 2023-24.

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

P:\PW Boards & Committees\CC\2023\042423\PBIA District No. 4 Continuation\042423 pBlA Staff Report.docx
Annual Report for PBIA Assessment District No. 4
April24,2023

ATTACHMENTS
Attachment A:

Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Downtown "T" Business Advisory Board Annual Report & Fiscal Year 2023-24 Proposed Budget
Map of the District Boundaries
State of Fund Transactions and Financial Condition for the District Proposed Assessment Roll for 2023-24
Resolution No. 6230
Resolution No.6231
Staff contact:

John L. llasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-44O0; daved@carpinteriaca. oov
P:\PW Boards & Committees\CC\2023\042423\PBIA District No. 4 Continuation\042423 PBIA Staff Report.docx
Annual Report for PBIA Assessment District No. 4
April24,2023

ATTACHMENT A
Downtown "T,' Business Advisory Board
Annual Report & Fiscal Year 2023-24 proposed Budget
P:\PW Boards & Committees\CC\2023\042423\PBIA District No. 4 Continuation\042423 pBtA Staff Report.docx
City of Carpinteria
Downtown trT" Business Advisory Board

ANNUAL REPORT RELATIVE TO
ASSESSMENT DISTRICT NO.4
Submifted April 24,2023

BOARD RESPONSIBILITIES
ln compliance with local and State regulations, the Downtown "T" Business Advisory Board (DTBAB) is responsible for providing an operational and financial mechanism to acquire, construct, and maintain off-street public parking facilities. Additionally, the Board makes recommendations to the City Council for general promotion of business activities, economic growth and stability in the District, and general maintenance issues within the Downtown "T". The Board has a duty to prepare and present an Annual Report to the City Council that addresses all matters relating to the Assessment District, including the methods and basis of levying the assessments and recommendations on use of funds collected by the District. Prior to preparing this report the Board reviewed the status of delinquent assessment fees and changes that have taken place on the assessment roll during the past year.

BACKGROUND
California State Law and Streets and Highways Code Sections 36500-36504 prescribe the process for levying assessments and establish guidelines for the appointment of an Advisory Board to make recommendations on assessments and use of funds collected by the Assessment District. The Downtown "T" Business Advisory Board was created in 1990 pursuant to the California Parking and Business lmprovement Area Law of 1989 and was composed of five members (three assessment paying members and two at-large members). On June24,2019 the City Council restructured the Downtown "T" Business Advisory Board to seven members (four assessment paying members and three at-large members), as well as three alternate members. The members are appointed by the Mayor, subject to the advice and consent of the City Council. They serve at the pleasure of the City Council without pay. Four of the members must represent businesses paying assessment fees in Assessment District No. 4. The remaining three members, while preferably business-related and representative of the Assessment District, may be any qualified persons as determined by the Council. ln addition, to the seven members, the City Council also created three alternate assessment-paying members to assist in obtaining a quorum.

ASSESSMENT DISTRICT NO. 4
Advisory Board
The Downtown "T" Business Advisory Board meets at City Hall at 8:30 a.m. on the first Thursday of every month. Meetings are conducted in accordance with the Brown Act and are open to the public.

DTBAB ANNUAL REPORT FY 2023-2024

Current Board members:

Mary Beth Radley
Richard Mancilla
Jason M. Lesh
Kristina Calkins
Lorraine Mclntire (Chair)
Tina Frontado
Michelle Carlen
Warner Ebbink
Vacant
Vacant
Assessment Paying Mbr. (Homestead Antiques & Trading Co.) Assessment Paying Member (The Worker Bee Cafe)
Assessment Paying Member (The Good plow)
Assessment Paying Member (Carpinteria Arts Center)
At-Large Member
At-Large Member
At-Large Member
Alternate Boardmember
Alternate Boardmember
Alternate Boardmember
District Boundaries
The boundaries of Carpinteria Assessment District No. 4 include the areas adjacent to Linden Avenue from the railroad to Carpinteria Avenue and from Holly Avenue to palm Avenue. All businesses located within the boundary of the Carpinieria parking and Business lmprovement Area District No. 4 are subject to a general business improv6ment assessment as set by City Ordinance and, where applicable, a special parking benefit assessment fee based on parking requirements as outlined in the City's zoning ordinance.

The District Boundaries can be found following this report

PARKING ASSESSMENT
Businesses within the boundaries of the Assessment District are subject to a special parking benefit assessment fee, which is used to reimburse the City's General Fund for the costs associated with the City's three parking lots. By City Ordinince No. 393, the funds derived from this assessment must be used exclusively for the purpose of acquisition, construction, and maintenance of off-street parking.

The criteria used for establishing parking assessments is based on the parking requirement per the zoning ordinance, less any on-site parking provided by the businessl adjusted to reflect the benefit derived from the parking lot.baseO on distance and accessibility to the parking lot.
' Parking Lot # 1 (Located on 9th Street between Yucca Lane and Elm Street) The funding program for this parking lot, which was financed through the sale of serial bonds, was paid off in 1988 by means of property assessments on the individual property owners. ln FY 1996-97 an assessmentfeewas levied on businesses adjacent to Parking Lot #1 to reimburse the City for costs incurred for resurfacing of the pirking lot. Final payments on this assessment were completed in June, 2006. . Parking Lot#2 (Located on Cactus Lane)
The funding program for Parking Lot#2 was established in FY 1987-88. SB g59 Grant monies were used to fund a portion of the cost and funding of the balance was shared equally by the City and the businesses located in the area of benefit. The business share of the assessment was paid off in June, lgg7.

DTBAB ANNUAL REPORT FY 2023-2024

. Parking Lot #3 (Located at the Amtrak Station on Linden Ave. and Fifth Street) Parking Lot #3 was completed in FY 1989-90. SB 959 Grant monies were used on this project and, since this lot was intended to benefit both the downtown and the beach area, a portion of the cost was funded through the Tidelands Trust Fund as well as the City's General Fund. Businesses located in the proximity of Parking Lot #3 were assessed for the construction of the parking lot. This assessment was paid off in 2018.

Board Recommendation:

The Downtown "T" Business Advisory Board recommends the following to the City Council:

Parkinq Lot # 1, Parkinq Lot #2, and Parkinq Lot #3
Parking Lots #1 ,#2, and #3 are paid off. No action taken by Board

GENERAL BUSINESS ASSESSMENT
All businesses located within the boundaries of District No. 4 are required to pay a general business assessment fee.

As outlined by City Ordinance No. 393, funds derived from the general business improvement assessment are restricted funds and must be used exclusively for the benefit of general business revitalization, promotion and improvement within the boundaries of the Parking and Business lmprovement Assessment District No.4.

The General Business Assessment fee for all businesses located within the Parking and Business lmprovement Area District No. 4 had not been increased since 1991 when City Resolution No. 1998 increased the assessment from the Fifty Dollars ($50.00) set by Ordinance in 1988, to One Hundred Dollars ($100.00) per business per year. On June 27, 2011, the annual general assessment was increased to One Hundred Fifteen Dollars ($115.00) per business per year, including an annual inflationary adjustment with a maximum increase of 3o/o annually. ln 2012, the general assessment fee was adjusted to $117.00 and in 2013 was $119.00 following the inflationary adjustments. For Fiscal Years 2020-21 and 2O21-22,lhe Board suspended the general assessment to support Downtown "T" businesses during the COVID-19 pandemic and in Fiscal Year 2022-23, the Board reinstated the $119.25 per business general assessment. The Board recommends adjusting the general assessment fee by an inflationary adjustment to $122.64 per business for Fiscal Year 2O23-24.

The annual inflationary index for this assessment is the Consumer Price lndex for Urban Wage Earners and Clerical Workers for Los Angeles-Riverside-Orange County, CA. The calculation is based on a March to March increase evaluation, in accordance with other City fee adjustments. For the past couple of years, the Board has recommended that the inflationary index be suspended.

DTBAB ANNUAL REPORT FY 2023-2024

Board Recommendation:

The Downtown "T" Business Advisory Board recommends the following to the City Council:

The current $119.25 General Business Assessment annual fee which is applicable to all businesses located within the boundaries of Assessment District No. 4 is to be adjusted by the Consumer Price lndex for Urban Wage Earners and Clerical Workers for Los Angeles-Riverside-Orange County, CA based on the March to March increase evaluation. The proposed General Business Assessment annual fee is $122.64 per business (an increase of 2.84o/o) for Fiscal year 2023-24.

FUNDING OF DTBAB EVENTS AND ACTIVITIES
With the adoption of a City Marketing Plan in 1993, the City Council authorized the pBlA Board to fund events and activities in the Downtown "T" with monies derived from the annual General Business Assessment fees. The use of the restricted business assessment fees as the primary funding source changed the scope of the 19g3 City Marketing Plan, at least geographically, from focus on a "Community-wide" plan to i Downtown "T" plan.

The Downtown "T" Business Advisory Board budget allocates the fees for planning and promotion of events held in the Downtown "T", as well as cooperative advertising programs, preparation and distribution of a courtesy map listing merchants in th; Downtown "T", maintenance and replacement of the bxisting flag jbanner) systems, a signage program, and many other maintenance/im provement activities.

It should be noted that the Project Carpinteria Committee, which was formed under the IMarketing Plan and made up of PBIAAB members and representatives of the Carpinteria Valley Chamber of Commerce, has been dissolved and is no longer an active Committee under the Downtown "T" Business Advisory Board.
ln October,2007 the City Council approved the formation of a more inclusive community committee, separating it from the PBIAAB. Funding for the new "Carpinteria Firstl' Committee was provided by the General Fund, with the expectation that the Committee would focus on events and activities that benefit the entire community. The Carpinteria First Committee was dissolved in 201g.

The Downtown "T" Business Advisory Board continues to have the responsibility and duty to oversee the Assessment District parking and business assessment fees in iompliance with State regulations, including the responsibility to promote and encourage the economic growth and stability of the district. The Board also continues to plan and piomote activities and events in the Downtown "T".

The DTBAB reviewed the proposed 2023-24 budget prepared by City staff. The balanced budget included various promotional, marketing, maintenance, improvements and special events that highlight the Downtown "T". ln adopting the budget, the DTBAB recommends DTBAB ANNUAL REPORT FY 2023-2024

CITY OF CARPINTERIA
Assessment Distrlct No. 4
Parking and Business lmprovementArea Fund 210
General Business Assesment Budget
FY 2023-2024
Estimated Fund Balance on 7lLl23 g
General Assessment $
Estimated General Assessment Revenue 2023-2024 $
Estimated Parking totAssessment Revenue 2O2?-2O24 S
Total Estimated Revenue $
Budgeted Expenditures $
Estimated General Fund to Cover Pa Lot S3 Debt
11,976.00
t22.il
15,000.00
15,000.00
15,300.00
Item Description tY 23124
Proposed
Budset
Employee Salaries
Portion ofAnnual Salary Attributed to DTBAB s
ff Liaison Work
SUB TOTAL s
Contract Service! (210-161-530X)
Laundering Banners S ooo.oo
PBIA Portion of lndependence Day parade S 1.8so.oo
PBIA Portion of Holiday Spirit Parade S l,8so.oo
Downtown Community Sponsorships S 7,9oo.oo
SUB TOTAL S 12.2oo.oo
Printing & AdvertisinS (210-161-SS00)
& DTBAB S soo.oo
SUB TOTAL S soo.oo
Dues & Subscrip!!ons (210-161-5510)
BMI/ASCAP Musical Licensing s 1,ss0.00
SUB TOTAL S l,sso.oo
Equlpment/Office Rent & Leases (2X0-161-55361
Downtown "T" Washing Stations s
SUB TOTAL s
Supplies & Materials (210-161-5560)
Banner Setup/Hardware S s:o.oo
Halloween Candy S zzo.oo
SUB TOTAL S 7so.oo
Street Maintenance (2X0-431-5302)
Downtown "T" Trash Can Steam Cleaning s
SUB TOTAL s
fransfers ln / (Transfers Out)
Transfers ln
(Transfers Out)
SUB s
GRAND TOTAT OF EXPENSES $ rs,3oo.oo
Projected Fund Balance las of 613o124l S u,E76.oo
Annual Report for PBIA Assessment District No. 4
April24,2023

ATTACHMENT B
Map of the District Boundaries
P:\PW Boards & Committees\CC\2023\042423\PBIA District No. 4 Continuation\042423 PBIA Staff Report.docx
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Annual Report for PBIA Assessment District No. 4
April24,2O23

ATTACHMENT C
state of Fund Transactions and Financial condition for the District /
P:\PW Boards & Committees\CC\2023\042429\PBIA District No. 4 Continuation\042423 pBtA Staff Report.docx PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NUMBER 4

STATEMENT OF FUND TRANSACTIONS AND FINANCIAT CONDITION
FUND 210

PARKING AND BUSINESS IMPROVEMENT AREA FUND
A. SUMMARY OF FUND TRANSACTIONS
Fund Balance; July 1
Fiscal Year Revenues
Fiscal Year Expenditures
Fund Balance; June 30
Revenue Over/(Under) Expense
B. BALANCE SHEET, JUNE 30
ASSETS:

Cash in Savings
Total Assets
LIABILITIES AND FUND BALANCE:

Accounts Payable
Fund Balance
Total Liabilities & Fund Balance
C. FISCATYEAR REVENUE DETAIT
Use of Money & Property
Assessment General BusinessDistrict #4 Assessment
Parking Lot Assessment
Transfer ln
Total Revenues
D. FISCAL YEAR EXPENDITURE DETAIL:

Salaries
Marketing Materials
Street Maintenance
Parking Lot #3 Debt
Contract Services
Printing & Advertising
Dues & Subscriptions
Supplies & Materials
Equipment/Office Rent & Leases
Transfer Out
Total Operating Expense
Capital lmprovements
Total Capital Outlay Expense
s (17,349) s (18,608) s (12,836) s (2,1s0) s
(300)
s 45,570 5 26,962 5 t4,t26 5 rr,976 5 rt,676
45,570 26,962 14,L26 11,976 1r,676
45,570 26,962 t4,126 11,976 L1,676
s +s,szo 5 zo,gaz s 14,126 s rr,976 s rr,676
ACTUAT
20L9-20
s 62,920
16,228
33,577
45,570
ACTUAL
2020-2L
s 45,570 s
604
L9,2T2
26,962
ACTUAL
202L-22
BUDGET
2022-23

PROJECTED
2023-24
r1,976
15,000
15,300
rr,676
26,962 s
1,953
t4,789
14,126
14,t26 s
t7,050
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s 13,789 s
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s 4,278 5
L3,436
5,306
3,592
4,950 4,800 5,700
4,100 12,200
381
747
4,237
1,500 1,550
15,722
33,577 r9,2t2 74,789 79,200 15,300
800
750
750
700
201
3,67t
I,I87
62s
802
Total Expenditures s zz,stt 5 L9,2t2 s 14,789 s 19,200 s 1s,300 Annual Report for PBIA Assessment District No. 4
April24,2023

ATTACHMENT D
Proposed Assessment Roll tor 2021-24
P:\PW Boards & Committees\CC\2023\042423\PBIA District No. 4 Continuation\O42423 pBtA Staff Report.docx
Gross
Assessment
Lot 1
PBIA Assessment Roll FY 2923-24
Gross Benefit Adjusted Adjusted General
Assessment Adjustmen Assessment Assessment Lot Business Prior YearUnpaid
Total Spa@s Spa@s
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Annual Report for PBIA Assessment District No. 4
April24,2023

ATTACHMENT E
Resolution No.6230
P:\PW Boards & Committees\CC\2023\042423\PBIA District No.4 Continuation\O42423 pBtA Staff Report.docx
RESOLUTION NO.6230

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

ACCEPTING AND ORDERING THE FILING OF THE REPORT MADE PURSUANT TO

THE REQUIREMENTS OF
RESOLUTION NO. 6216 OF SAID COUNCIL
PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NO. 4
(FY 2023-241
WHEREAS, the City Council of the City of Carpinteria, California, did in Resolution No. 6216, adopted March 27,2023, pursuant to the provisions of Chapters 3 and 4 "Parking and Business lmprovement Area Law of 1989" of the State of California (Part 6 of Division 18 Section 36530 et seq. of the Streets and Highways Code of said State), require the Downtown "T" Business Advisory Board to make and file with the Clerk of the City Council a report in writing, presenting certain matters relating to the proposed acquisition, construction or maintenance of parking facilities for the benefit of the area; decoration of any public place in the area; promotion of public events which are to take place on or in public places in the area; furnishing music in any public place in the area; and general promotion of business activities in the area as contemplated under the provisions of said "Parking and Business lmprovement Area Law of 1989"; and WHEREAS, said Downtown uTu Business Advisory Board, pursuant to the requirements of said City Council as expressed in said Resolution and of said law, did make and on the 24th day of April,2023, file in the office of the City Clerk (who is exofficio Clerk of the City Council) of said City, the report in writing responsive to the requirements of said Resolution and as contemplated under the provisions of said "Parking and Business lmprovement Area Law of 1989"; and WHEREAS, said City Clerk has presented the said report to the City Council of said City, and said Council has proceeded to carefully examine, inspect and consider the said report and is satisfied with said report and with each and all of the items therein set forth; NOW, THEREFORE, BE lT RESOLVED as follows:

SECTION 1. That the report of the Downtown "T" Business Advisory Board of the City of Carpinteria, California, bearing date of the 24th of April, 2023, which said report was prepared and filed pursuant to the requirements of the provisions of Resolution No. 6216 of the City Council of said City and in conformity with the provisions of the "Parking and Business lmprovement Area Law of 1989," of the State of California, (Part 6 of Division 18 of the Streets and Highways Code of said State), and which said report was filed in the office of the City Clerk of the City of Carpinteria, California, on the 24th day of April, 2023, be and the same is hereby approved as so prepared, presented and filed.

SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of the City Resolution No.6230
Page2
Council of said City and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

PASSED, APPROVED AND ADOPTED this 24th day of April,2023 by the following called vote:

AYES:

NOES:

ABSENT:

ABSTAIN
COUNCIL MEMBER:

COUNCIL MEMBER:

COUNCIL MEMBER:

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 Cirpinteria held the 24th day of April,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
Annual Report for PBIA Assessment District No. 4
April24,2023

ATTACHMENT F
Resolution No.6231
P:\PW Boards & Committees\CC\2023\042423\PBIA District No.4 Continuation\O42423 PBIA Staff Report.docx
RESOLUTION NO. 6231

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

DECLARING ITS INTENTION TO ORDER THE

CONTINUATION OF AN ASSESSMENT DISTRICT

AND COLLECT ASSESSMENTS PURSUANT TO THE
PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989

FOR PURPOSES OF ACQUISITION, CONSTRUCTION

OR MAINTENANCE OF PARKING FACILITIES AND GENERAL PROMOTION

OF BUSINESS ACTIVITIES IN THE AREA DESCRIBED AS SHOWN ON

THE PLAN AND DIAGRAM FOR THE FISCAL YEAR COMMENCING
JULY 1,2023 AND ENDING JUNE 30,2O24;

AND APPOINTING A TIME AND PLACE FOR

HEARING PROTESTS IN RELATION THERETO --
CARPINTERIA PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NO. 4 (FY 2023-241

THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the public interest and convenience require, and that it is the intention of the City Council of the City of Carpinteria, California, to order the continuation of an assessment district known as the Carpinteria Parking and Business lmprovement Area District No. 4 and to levy and collect assessments pursuant to the parking and Business lmprovement Area Law of 1989 (Streets and Highways Code 36500 et seq.) and to order the acquisition, construction and maintenance of paiXing facilities as well as to undertake such other activities for the purpose of the general promotion of business activities within the District as described herein, shown on the diagram and plan for the Carpinteria Parking and Business lmprovement Area District No. Z, all as on file in the office of the City Clerk, for the fiscal year beginning July 1 ,2023.

SECTION 2. The following summarizes the proposed boundaries, assessments and programs for Fiscal Year 2023-24 for lmprovement Area District No. 4:

1. The boundaries of the Parking and Business lmprovement Area District No. 4 are proposed to be unchanged from Fy 1gg7-98.

2. The General Business Assessment, applicable to all businesses within the lmprovement Area District No. 4, is proposed to be adjusted by the Consumer price lndex for Urban Wage Earners and ClericalWorkers for Los Angeles-Riverside-Orange county, cA based on the March to March increase evaruation-(+2.94o/o) to $122.6a1

3. The debt for the creation of Parking Lot #3 has been paid off and there will be no parking assessments within Sub-Area "8" assessed per business as detailed in the staff report dated Apri|24,2023.

Resolution No.6231

4. Proceeds from the General Business Assessment will be used to promote and advertise business activities within the lmprovement Area, develop a directional signage program, and contribute to parking lot maintenance activities.

SECTION 3. To expedite the making of said improvement, the City Council may at any time transfer into the Carpinteria Parking and Business lmprovement Area District No. 4 Fund, from the General Fund, such sums as it shall deem necessary, and the sums so transferred shall be deemed a loan to such Fund and shall be repaid out of the proceeds of the assessments provided for in this resolution, and pursuant to the provisions of the "Parking and Business lmprovement Area Law of 1989," referred to herein.

SECTION 4. That said contemplated work and improvement, in the opinion of the City Council, is of more than local or ordinary benefit, and said Council hereby makes the expense of said work and improvement chargeable upon a district, which district said Council hereby declares to be the district benefited by said work and improvement, and to be assessed to pay the cost and expense thereof, which said district consists of portions of the City of Carpinteria as shown on the Diagram and Plan for said District No. 4 on file in the office of the City Clerk, and to which said Diagram and Plan reference is hereby made for a complete and detailed description of said district, excepting from said district any portion of any public street, alley or court that may be included therein. The said Diagram and Plan so on file shall govern for all details as to the extent of said assessment district.

SECTION 5. Any lots or parcels of land known as public property, as the same is defined in Section 22663, Streets and Highways Code, hereinafter referred to, which are included in the said assessment district, shall be omitted and exempt from the assessment to be made to cover the costs and expenses of said contemplated improvement.

SECTION 6. The improvement contemplated by this Resolution of lntention shall be done under the provisions of the "Parking and Business lmprovement Area Law of 1989" (now Part 6 of Division 18 of the Streets and Highways Code of the State of California).

SECTION 7. That Monday, May 22,2023, at the hour of 5:30 P.M. of said day, be and the same is hereby appointed as the time, and the Council Chamber in the City Hall, at 5775 Carpinteria Avenue in the City of Carpinteria, California, is hereby appointed as the place for hearing protests in reference to said improvement.

SECTION 8. That the City Clerk is hereby authorized, designated and directed to give notice of said hearing in time, form and manner as required by law.

SECTION 9. That the Coastal View, a newspaper of general circulation, published in the County of Santa Barbara and circulated in the City of Carpinteria, California, is hereby designated as the newspaper in which such notice shall be published.

SECTION 10. That this resolution shall take effect immediately, and the City Clerk shall certify to the passage and adoption of this resolution; shall cause the original of the same to be entered among the original resolutions of the City Council of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings Resolution No.6231

of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

PASSED, APPROVED AND ADOPTED this 24th day of April, 2023 by the fottowing called vote:

AYES:

NOES:

ABSENT:

ABSTAIN

COUNCIL MEMBER

COUNCIL MEMBER

COUNCIL MEMBER
COUNCILMEMBER:

I hereby certify that the foregoing resolution was duly and regularly introduced and adopted 3t_gregularmeeting of the City Councilof the City of Carpinieria hetd the 24thday of April, 2023.

Mayor, City of Carpinteria
ATTEST
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
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
City of Carpinteria
Couruct Aceruoa Srnrr Reponr
April 24,2023

ITEM FOR COUNGIL CONSIDERATION
Report on Winter Protection Berm Assessment District No. 5 for Fiscal Year 2023-24

STAFF RECOMMENDATION
Adopt Resolution No, 6232, acting to accept the mandatory Annual Report and Budget and to set the matter of the continuation of Assessment District No. 5 for Fiscal Year 2023-24 for public hearing at the regular City Council Meeting of May 22,2023.

Sample Motion: I move to adopt Resolution No. 6232, as read by title only, acting to accept the mandatory Annual Report and Budget and to set the matter of the continuation of Assessment District No. 5 for Fiscal Year 2023-24 for public hearing at the regular City Council Meeting of May 22,2023.

BACKGROUND
The Assessment District No. 5 (District) for the Winter Protection Berm Program was formed by Resolution No. 3061 , dated December 14, 1992 in order to fund the annual storm wave damage reduction program. Each year, it is necessary to hold a public hearing to receive public input including any protests prior to consideration of setting the annual assessment charged to properties within the District's boundaries.

The Winter Protection Berm Program provides a measure of protection against ocean storm waves along Carpinteria City Beach. ln past years when strong storms have generated flood or erosion events along Carpinteria City Beach, the Winter Protection Berm Program worked well to reduce or prevent damage.

The City continues to work with the United States Army Corps of Engineers to identify if alternate approaches might provide a more optimal solution to the chronic threat of ocean storm wave damage to public and private improvements along the ocean front.

Annual Report on Assessment District No. 5
April24,2023

This matter will allow the City Council, if determined appropriate, to accept the Report and to set a public hearing date for its consideration of continuing the District.

DISCUSSION
The adoption of Resolution No. 6232 is the next step toward meeting this objective.

Said Resolution sets the date of the public hearing for May 22, 202iwhen final action on the setting of the annual assessment for the District miy be taken pursuant to Government Code Section 54954.6, which pertains to notiie of assessments. See Attachment A for Resolution No. 6232.
ln accordance with the City Council's Resolution lnitiating Proceedings, the City Engineer has filed the report with the City Clerk as required by the M'unicipal lmprovement Act of 1913. The report contains the following pirts' A. Plans and specifications of winter protection Berm project. B. Estimate of Project Cost. C. Assessment Role of Parcels of Land within Assessment District. D. Method of Apportionment of Assessment. E. Assessment Role of the Owners of Parcels of Land within Assessment District. F. Assessment Diagram. G. Collection Statement. H. Unpaid Assessment Statement.

P:\PW Boards & committees\cc\2023\042423\Assessment District No. 5 Annual Report\O42423_Assessme nt District b Staff Report. docx See Attachment B for Report of the City Engineer.

POLICY CONSISTENCY
The Winter Protection Berm Program is an important public safety project that protects public and private property improvements along Carpinteria City Aeach. The purpose of the Winter Protection Berm Program is to provide for a measure of protection to ' improvements behind Carpinteria City Beach. Protection is needed'during the winter in the event of a severe winter storm. Historically, powerful waves generated by large Pacific Ocean storms have been known to overrun and flood loca-l beaches and c-oastal structures. The Winter Protection Berm Program is intended to help reduce the frequency of damage to the housing front wl'rich othenruise might occur if no berm was built.

The Safety Element of the City's General Plan and Local Coastal Plan states the following:

Obiective S-4: Minimize the potential risks and reduce fhe /oss of life, property and the economic and social dislocations resulting from flooding.

Annual Report on Assessment District No. 5
April24,2023

Further policy consistency may be found in the Safety Element's lmplementation Measure No.13:

13. The City shall support and facilitate the current Army Corps of Engineers (ACOE) feasibility study and otherwise pursue long-term solutions for beach nourishment and establishment of a vegetated dune system at City Beach. As an interim measure, and with permission from the Coastal Commission and US Army Corps of Engineers, the City may construct a sand berm on the City Beach parallel to the homes fronting on the beach.

FINANCIAL CONSIDERATIONS
The City utilizes the revenue from Assessment District No. 5 to partially pay for the Winter Protection Berm Program. Should the District not collect the funds as programmed, the City would need to find an alternative source of funds or discontinue the Winter Protection Berm Program.

The proposed action is the next step toward continuing the District providing funding for annual Beach Berm construction.

District funding
City Contribution
TotalAnnual Cost
$20,228.34
$15.271 .66
$35,500.00

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The minimal protection provided by the berm is not intended to serve as a substitute for any private storm protection improvements or private flood insurance. The winter protection berm is not impervious to being destroyed itself. Even with the winter protection berm in place, the possibility of damage to public and private improvements by winter storms still exists.

OPTIONS

1. Adopt Resolution No. 6232, acting to accept the mandatory Annual Report and Budget and to set the matter of the continuation of Assessment District No. 5 for Fiscal Year 2023-24 for public hearing at the regular City Council Meeting of May 22,2023.

2. The City Council, at its discretion, may modify the findings of the Report in any respect (Streets and Highway Code Section 10300) and the modified Report will stand as the Report for all subsequent proceedings except that the City Council may not change the boundaries of the District to include any territory that will not, in its judgment, be benefitted by the improvement.

3. The City Council could choose not to accept the mandatory Annual Report and/or not set the matter of continuing Assessment District No. 5 for public hearing; however, by omitting this step, the District would not be continued for Fiscal Year 2023-24.

P:\PW Boards & Committees\CC\2023\042423\Assessment District No. 5 Annual Report\042423_Assessment District 5 Staff Report.docx
Annual Report on Assessment District No. 5
April24,2023

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

ATTACHMENTS
Attachment A: Resolution No. 6232
Attachment B: Report of the City Engineer
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]
P:\PW Boards & committees\cc\2023\042423\Assessment District No. s Annual Report\042423_Assessment District 5 Staff Report. docx
ture

ATTACHMENT A
Resolution No. 6232

ATTACHMENT B
Report of the Gity Engineer
P:\PW Boards & committees\cc\2023\042423\Assessment District No. 5 Annuat Report\042423_Assessment District 5 Staff Report. docx
RESOLUTION NO. 6232

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF CARPINTERIA

TO SET THE ASSESSMENT FOR THE CITY OF CARPINTERIA'S
ASSESSMENT DISTRICT NO. 5 FOR THE 2023.24 FISCAL YEAR.
(PURSUANT TO THE MUNTCTPAL TMPROVEMENT ACT OF 1913)

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council intends to set the amount of the assessment for the City of Carpinteria's Assessment District No. 5 and to levy and collect this assessment pursuant to the Municipal lmprovement Act of 1913, Streets and Highways Code.

SECTION 2. The improvements to be made in this assessment district are generally described as follows:

The annual installation and removal of Winter Protection Berm that is located along the entire length of the Carpinteria City Beach between Linden Avenue and the westeln limits of the City of Carpinteria along the coastline.

SECTION 3. This assessment district is known as Assessment District No. 5, City of Carpinteria, Santa Barbara County, California. The general location of this assessment district includes the area northerly of Carpinteria City Beach and southerly of Sandyland Avenue in the City of Carpinteria.

SECTION 4. ln accordance with the City Council's Resolution lnitiating Proceedings, the City Engineer has filed with the City Clerk the report required by the Municipal lmprovement Act of 1913. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the Assessment District No. 5 and the proposed assessments upon assessable lots and parcels of land within the assessment district.

SECTION 5. On Monday, the 22nd day of May,2023, at the hour of 5:30 o'clock PM, or as soon thereafter as may be heard, the City Councilwill conduct a public hearing on the levying of the proposed assessment and ordering the installation of the improvements. The public hearing will be hetd in the City Council Chambers located at 5775 Carpinteria Avenue, Carpinteria, California.

SECTION 6. By adoption of this Resolution, the City Council indicates its intention to comply with the requirements of the Special Assessment lnvestigation, Limitation and Majority Protest Act of 1931 , Streets and Highways Code Section 2800 and following including specifically Sections 2960 and 2961 thereof.

Resolution No. 6232

SECTION 7. The City Clerk is authorized and has been directed to give the notice of this hearing as required by Government code section s4954.6.

PASSED, APPROVED AND ADOPTED on April 24,2023, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Mayor, City of Carpinteria
ATTEST
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that_the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on April 24,2023.

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

ATTACHMENT B
Report of the City Engineer
P:\PW Boards & Committees\CC\2023\042423\Assessment District No. 5 Annual Report\042423_Assessment District 5 Staff Report. docx

THIS PAGE INTENTIONALLY LEFT BLANK
P:\PW Boards & committees\cc\2023\042423\Assessment District No. 5 Annual Report\O42423_Assess me nt District S Staff Report. docx City of Carpinteria Assessment District #5
The Carpinteria Beach Winter Protection Berm
District's Eng ineer's Report
Fiscal Year 2023 - 24
This report contains the following parts:

A. Plans and specifications of the winter berm project.

B. An estimate of the costs of the project.

C. An assessment role.

D. A statement of the method in which project costs were apportioned to each benefited parcel of land within the district.

E. A list of the names and addresses of each owner of property within the district's boundaries known to the City.

F. An assessment diagram.

G. A statement which confirms the collection of assessments for the project may be subsequent to the work for the project.

A statement of the total amount of assessments for all properties with in district's boundaries which remains unpaid and the total true value, as near as may be determined, of the parcels of land and improvements that are proposed to be assessed. This is provided pursuant to $2961 of California's Streets and Highways Code khown as the Majority Protest Act of 1931.

H
PART A
Project Plans and Specifications

ASH AVENUE
a- {r.

C)
o
o
HOLLY AVEhIUE
a-o
lrh,o

ELM AVENUE

LINDEN AVENUE
Winter Protection Berm Project Site
Carpinteria, California 93013
crTY oF CARPTNTERIA WTNTER PROTECTION BERM (TyptCAL SECTION) 1z'. <-
elev. 16'+/- above sea level
40'
Typical Section
(no scale) il
Sand Material shall be bulldozed up primarily from seaward side, preferably from above mean tide height Notes:

1. Typical section diagram is typical only and may-vary depending upon field conditions

2. Estimated cubic yardage is 13,200 CY based on 1,440 linear feet This will vary depending on field conditions.

PART B
Estimate of Project Cost
Engineer's Report
Estimate of Project Cost
Garpinteria City Beach Winter protection Berm
FiscalYear 2023-2024
The following estimate of project cost for the Carpinteria City Beach Winter protection Berm is prepared in order to determine the anticipated cost of installing, maintaining, and removing the annual project. Variables that exist in this estimation include not knowing what beach conditions will be for the berm installation in the fall, what level of maintenance will be necessary to keep the berm intact during the winter and how much machine time will be needed to remove the berm in the springtime. Other components of the cost estimate are more reliable. These components include the cost of biological reporting and project adm i nistration.

The installation of the winter protection berm is accomplished by a negotiated contract pursuant to 22032(a) of the California public Contract Code. This code states that public projects of forty-five thousand dollars ($45,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.

The cost to construct the berm in 2023-2024 Fiscal Year is estimated to be $12,000. This amount is based upon the following breakdown:

Machine time $12,000.00
The quantity of maintenance needed throughout the winter storm season is based upon the severity of weather encountered during the time the berm is in place. Some winters require no maintenance while others can require a significant maintenance effort. An amount should be contributed each year in an effort to anticipate some level of maintenance. Again based upon empirical data, a contribution of five thousand dollars per year should on average be adequate.
$5,000.00
Removal of the berm in order to return the berm material to the upper tidal zone and to reconfigure the beach to a natural spring profile also varies for several reasons. Should the winter be exceptionally mild, and the berm remains one hundred percent intact, a greater amount of time will be required to remove it. After some winter seasons, a significant portion of the berm is eroded away, reducing berm removal costs. Removal costs can thereby vary significantly from year to year.

An estimated cost for this procedure equals $12,000.00
Biological monitoring is a requirement of the Army Corps of Engineers and California Coastal Commission who grants authority to the City to do this project. Under the monitoring plan, the California grunion and snowy plover bird must be studied each season in order to insure mechanical beach sand movement does not interfere with the spawning or nesting grounds. This procedure is performed by City staff with consultation being performed by a qualified biologist.

The cost of this operation equals $ 2,000.00
The general administration of the berm project overall includes the coordination for construction of the berm, supervision of the construction, any general or related tasks associated with berm management, monitoring of the berm in the winter to watch for berm erosion, preparation of the reports that must be submitted to the Army Corps of Engineers and the California Coastal Commission, berm assessment accounting and management
The cost of this operation equals $4,500.00
Based, therefore, on the above anticipated cost of the project, the estimated cost in the fiscalyear 2023-2024 would be thirty-five thousand fivehundred dollars. ($35,500) The Assessment District No. 5 total assessment was set in January 1997 by a mail ballot. ln that process, the total District fees were set at Twenty thousand two hundred twenty eight and 341100 dollars ($20,228.34)
The City of Carpinteria may not raise that assessment without an affirmative vote of the affected property owners. As such, in 2023-24 the City will contribute to the District in an amount of fifteen thousand two-hundred seventy one dollars and 66 cents ($15,271 .66). Therefore the net amount assessable on land within the district is Twenty thousand two hundred twenty eight dollars and 34 cents ($20,228.34).

PART C
Assessment Roll of Land Parcel
Owners within the District
FY 2023-24 Assessment District No. 5 Assessment Roll
Total Assessment
s s00.s2s 494.21$ Ls,27t.66
s 547.90s 23s.30s 235.87s 235.87s 23s.87s 23s.87
s 235.87
s 235.87s 235.87s 235.87
s 235.87
235.87
s 235.87
s 235.87s 235.87s 235.87
s 244.52
s 193.80s 193.80s 193.80s 193.80s 193.80s 193.80s 193.80s 193.80s 193.80s 193.80s 193.80s 193.80 s 193.80s 193.80s 193.80s 193.80s 193.805 193.80
s 193.80s 193.80s 193.80s 193.80s 193.80
s 193.80
Mailinq City, State, ZIP
oAKLAND CA 94605 4514CARPINTERIA CA 93013 3192CARPINTERIA CA 93013 BAKERSFIELD CA 93009
GRANADA HILLS CA 91 344GLENDALE C4912022539
ARROYO GRANDE CA 93420 4939
HUNTINGTON BEACH CA 92649 1219
CAMARILLO CA 93012SANTA BARBARA CA 93103 2817SANTA BARBARA CA 931 08 2689 PASADENA CA 91 105
VENTUM CA 93003CARPINTERIA CA 93013CARPINTERIA CA 93013 3075CAMARILLO CA 93010CAMARILLO CA 9301 O BAKERSFIELD CA 93308BAKERSFIELD CA 93308BAKERSFIELD CA 93301 CARPINTERIA CA 93013 2313SIMI VALLEY CA 93063SANTA BARBARA CA 93105CARPINTERIA CA 93013WESTLAKE VILTAGE CA 91362 5457 NORTHRIDGE CA 91 324 41 33CARPINTERIA CA 93013 2313CARPINTERI.A CA 93013 BAKERSFIELD CA 9331 3
SIMI VALLEY CA 93065CAMARILLO CA 93012MONARCH BEACH CA 92629SIMI VALLEY CA 93094 0148SIMI VALLEY CA 93063 5028SIMI VALLEY CA 93063WRANGELL AK 99929 AGOUM HILLS CA 91301
CARPINTERIA CA 93013 1522
WESTLAKE VILLAGE CA 91362
NEWHALL CA 91321TARZANA CA 91 356LONG BEACH CA 90803WESTLAKE VILLAGE CA 91362BURBANK CA 91504 Mailinq Address
4O4O FAIRWAY AVE3150 FOOTHILL RD5775 CARPINTERIA AVE
1113 TAM O SHANTER DR18021 MAYERLING ST1 1 55 N CENTRAL AVE 2091 583 BEE CANYON RD15421 CHEMICAL LN 40023 VILLAGE 4O
172 LAVISTAGRANDE
492 MONARCH LN2,IO S OMNGE GROVE BLVD4675 R|CE CT4709 SANDYLAND RD 34444 FOOTHILL RD352 CALLE CONVERSE352 CALLE CONVERSE3101 STATE RD3101 STATE RD2729 21 ST ST4975 SANDYLAND RD2OO4 N TRACYAVE3324 STATE ST F4975 SANDYLAND RD 104966 BLUE MOUNTAIN CIR84OO MELVIN AVE4975 SANDYLAND RD 107835 HOLLY AVE4403 BEAR MOUNTAIN BLVD980 ENCHANTED WAY 10532126 VILLAGE 3232451 MEDITERRANEAN DR PO BOX 940148
2768 BEL CIR
3153 SCOTTYS TERRACE
PO BOX 1530
29480 BERTRAND DR
1525 JAY ST
1 1 86 DEEP WOOD DR
23222 aTH ST
4259 CLARINDA DR
203 QUINCY AVE
1784 COLLINGSWOOD CT
3630 VIEWCREST DR
OwnerSEAHORSE TRUST O1/1 5/03ROBERTS FAMILY TRUST B (RESIDUAL TRUST) 4/19T76CITY OF CARPINTERIAMING, THARRELL & DINAH FAMILY LIMITED PARTNERSHIPCARNEVALE LOUIE & JACQUELINE FAM TR 6.83REESER BRITTANY LEE BARNESEHRGOTT LAUREN MULFORDCAMPBELL SANDYLAND LLCIVIILLER JAMES H/CAROL REV EST TR 5.14.80IVIUNEIO THOMAS AJOHN M LIVING TRUST 1O/13/06AMSS LLCGIACOPUZZI RUTHROUGHAN, FRANCIS TVAN WINGERDEN R & J FAMILY TRUST 11l28l95RESNIK RODNEY A/ANN B TRUSTEES (for) RESNIK LIV 1988 TRRESNIK 1988 LIV TRJAMIESON, LEEJAMIESON, KRYSTYNADENNIS MAUL SALES, INCSANDYLAND TIC MANAGEMENT INCALLEMAN FAMILY TRUST 1OI3OI17SCHENKER. ERIC MCHESLER, MARK/FLORCOLETTA FAMILY RESIDUAL TRUST 4i21lOOBOECKMANN FAMILY TRUST 9/1 9/OO4975 SANDYLAND ROAD LLCROGERS, LUCIECHEVERRIA, JAVIERSCHIFRIN FAMILY TRUST 1/25102OTIS HARVEY C TRUST 4/1/09 BLACKBURN, DAVIDPALACIOS RON/KELLY FAMILY TRUST 1/22118 SION. HAIM MIKO/BARBARA SUSAN REVOCABLE TRUST 8/16/99WRIGHT, NANCY A FORTN ERYG UYO R FAM I LY SU RVIVOR'S TRUST 1 21 9 I 02FRIEDMAN. MAURY/LISA STENGEL FAMILY 2022 REVOCABLE TRUST il18122
GERLACH FAMILY LIVING TRUST 3i27l97
RINER, JAMES/PATRICIA TRUST 9/1 4/92KOZMAN FAMILY TRUST 5/27109

MULHOLLAND, MARYJANE
RYCKMAN, GEMLD OWEN JR TRUSTEE (for) RYCKMAN TRUST 10/10i90 KOZMAN, MIKE/CELINE TRUSTEES (for) KOZMAN FAM TR 6/26i95 APN003-470-008003-470-010003-470-013003-490-001003-490-025003-760-001003-760-002003-760-003003-760-004003-760-005003-750-006003-760-007003-760-008003-770-001oo3-770-oo2003-770-003oo3-770-oo4003-800-001003-800-002003-800-003003-830-001003-830-002003-830-003003-830-004003-830-005003-830-006003-830-007003-830-008003-830-009003-830-010003-830-011003-830-012003-830-013 003-830-014003-830-015003-830-016003-830-017003-830-018003-830-019003-830-020 003-830-021003-830-022003-830-023003-830-024
FY 2023-24 Assessment District No. 5 Assessment Roll
Total
s 193.80s 193.80
s 193.80s 193.80
s 193.80s 193.80s 193.80
s 193.80s 193.80
s 193.80s 193.80s 193.80s 251.03
s 2s1.03s 25L.O3
s 251.03s 251.03s 2s1.03
s 369.40s 251.03s 2s1.03
s 23s.30s 23s.30
s 235.30s 235.24s 235.24
s 23s.24s 235.24s 23s.24
s 235.24s 235.24s 235.24
s 2t9.45s 2t9.45s 2L9.45
219.452L9.45
s 2t9.45s 219.45
s 279-45s 248.37s 248.37s 236.37s 236.37
Mailing City, State, ZIPGRANADA HILLS CA 91 344WALNUT CREEK CA 94596 LOS ANGELES CA 90064 3223
CAMBRIA CA 93428
BURBANK CA 91501NEWBURY PARK CA 91320
THOUSAND OAKS CA 91360 3601
FULLERTON CA 92835
MONARCH BEACH CA 92629SAN MARINO CA 91 1 08cAsTAlc cA 91384LOS ANGELES CA 90024AGOUM CA 91301 SANGER CA 93657NORTHRIDGE CA 91362
CARPINTERIA CA 93013 2356
BAKERSFIELD CA 93306 1721
SoQUEL CA9s0732437SANTA BARBARA CA 93108CARPINTERIA CA 93013HIDDEN HILLS CA 91302soMts cA 9s066CAMAR|LLO CA 93010 9279oAK PARK CA 91377 3812 LOS ANGELES CA 90025
soMts cA 93066 9760
BAKERSFIELD CA 9331 1
WESTLAKE VILLAGE CA 91362
BAKERSFIELD CA 9331 1 2946BAKERSFIELD CA 93301
PACIFIC PALISADES CA 9027 2SANTA BARBARA CA 93140BELLEVILLE lL62223BAKERSFIELD CA 93312soMts cA 93066CAMARILLO CA 93010 CAMAR|LLO CA 93010 17s9BAKERSFIELD CA 93308
SOLVANG CA 93464CAMARILLO CA 93010CAMARILLO CA 93012BAKERSFIELD CA 93390 1235 SANTA BARBARA CA 931 1 OSANTA BARBARA CA 931 1O
Mailing Address12008 WOOD RANCH RD
30 NORLYN DR
10726 ESTHER AVE
4605 WNDSOR BLVD707 E PALM AVE798 PREAKNESS PL91 DOMBEY CIR3101 CORONADO DR32451 MEDITERRANEAN DR2370 SHERWOOD RD31 349 CHERRY DR 10880 WLSHIRE BLVD lOOO
29249 WAGON RD
139 WOOD DUCK DR
1390 OAKRIDGE CT
4925 SANDYLAND RD D4616 CHRISTMAS TREE LN2715 PORTER ST 10398 OLIVE MILL LN4923 SANDYLAND RD5301 SCOTT ROBERTSON RDPO BOX 228 1935 CALAMAR CT
534 ASPEN VIEW CT
10351 SANTA MONICA BLVD 270
lllOECENTERRD11611 HARRINGTON ST
4327 SPRING FOREST LN3OOO CORMIER DR2901 22ND ST14919 LA CUMBRE DRPO BOX 4085 412OAK HILL DR
8633 rAGO Dt COMO LNPO BOX 228
347 EL TUACA ST
185 CRESTVIEWAVE
6077 COFFEE RD 4
PO BOX 1s61 359 SWEETWATER AVE
2086 CERVATO DR
PO BOX 21235
4681 SIERRA MADRE RD4681 SIERRAMADRE RD
OwnerDAVIS, ROBERT L/W JACQUELINE
GENSTIL REVOCABLE TRUST 7128117PRESS TRUST 1O/2/17
JANET L TRUSTEE JANET L TR 8/13/86
TRUST 1 1/30i87
GENSTIL TRUST 11116106SCHILLO LLC
NTER LIVING TRUST 4/28104
BTACKBU DAVIDIVIURACHANIAN FAMILY TRUST Z2Ol01FREY FAMILY TRUST A ROSS/MCDONOUGH FAMILY TRUST 1213/1 3

TYBARCA SORTTNO PARTNERS, LLC (DE)
HENRY, PATRICK UMERRY G 2OO7 REVOCABLE LIVING TRIJST 72OIO7PANT PROPERTIES, LP

MEZZIO SANDYLAND LLC
CLARK MIKE & BECKY FAMILY TRUST 4/9/19HERMANB&PTRUSTLUND JOHN D & CHRISTINA E REVOCABLE LIVING TRUST 612311998SINCLAIR, JACK L IA FAMILY TRUST 1OI3OIO2
BAMA & BAMPA EXEMPTION TRUST 9/7/05
FITZGERALD JAMES A TRUST NO II 9/24179
ZEOLLA PROPERTIES TRUST 12123120
PAICH DAVID/LORRAINE A TRUSTEES (for) PATCH FAM TR 6-19-90FERRO FAMILY TRUST 3/28i9.1 CARATAN, JUDITH LIVING TRUST 9/27104HOBIN FAMILY TRUST
MARCHBANKS PROPERTIES, LLCCARATAN, CL FAMILY TRUST 2126118MCINTOSH LIVING TRUST 5/1217DEMORNAY RICHARD TRUSTEE (for) DEMORNAY RTCHARD TR11t2t92ECKER, DORIS L TRUST 2/18/97COOK, MYRON & CONNIE FAMILY TRUST 7/10/07 BAMA & BAMPA SURVIVOR'S TRUST 9Ul05
SCHREINER TRUST 2/1 9/93COLLIER LIVING TRUST 1/20189

BIG MONEY PROPERTIES LLC
MULLINS KATHERYN A TRUSTEE (for) MULLINS MARTTAL TR 1/201964825 SANDYLAND 8, LLCGPREV. LLC DUNCAN, M B SEPARATE PROPERry TRUST

MARINA SHORES, LPMARINA SHORES, LP
APN003-830-025003-830-026003-830-027003-830-028
003-830-029003-830-030003-830-031
003-830-032003-830-033003-830-034003-830-035003-830-036003-840-013003-840-014 003-840-015
003-840-015003-840-017
003-840-018003-850-013003-850-014003-8s0-015004-090-001004-090-003004-090-004004-091-001004-091-002 004-091-003004-091-004
004-091-005004-091-006004-091-007004-091-008004-101-001004-101-002004-101-003004-101-004004-101-005004-101-006 004-101-007004-101-008004-109-001004-109-002
004-115-001004-115-002
FY 2023-24 Assessment District No. 5 Assessment Roll
s 236.37
APN lowner lilaninsAddress liiailino Cittr, State,. ZIP004-115-003 IMARTNA SHORES, LP laoar steRRn UADRE RD lsnurn BARBAM cA 931 1o TOTAL s 35,500.00
PART D
Engineer's Report
Method of Aportionment of Assessment
Carpinteria City Beach Winter Protection Berm
Fiscal Year 2023-24
Engineer's Report
Method of Apportionment of Assessment
Carpinteria Gity Beach Winter Protection Berm
Fiscal Year 2023-24
The Carpinteria City Beach Winter Protection Berm Project is constructed along the Carpinteria City Beach bordered on the east by Linden Avenue and to the west by Ash Avenue. The berm is constructed each fall in order to provide a measure of protection to public and private improvements from severe winter storms and wave action. ln order to fairly assess the ocean front properties that directly benefit from the berm protection, a formula was developed which reflects the benefit each parcel of land receives.

First, the cost of providing the service is divided into fixed and variable costs. Fixed cost are those that are required regardless of the amount of sand actually moved.

These include the permit compliance, biological monitoring and administration of the berm project. The fixed costs are apportioned equally to all properties within the boundaries of the assessment district. The contribution toward the maintenance fund is also included among the fixed costs. Variable costs include the cost of the actual machine time required to move the sand. Since properties in the District receive varying levels of benefit depending upon the property's length of beach frontage, variable cost is assigned to each property based upon its actual length of beach frontage.

Condominium or apartment properties' beach frontage was determined by dividing the number of units in each complex by the length of the property's beach frontage. These variable and fixed costs were apportioned to each property and an assessment assigned as part of a Proposition 218 vote and the assessments have not been altered in subsequent years.

A City owned parcel within the District's boundaries is assessed in the same fashion as all other parcels within the District's boundaries in order to comply with Article Xlll D of the California Constitution.

PART E
A list of names and addresses of each property owner
within the District's boundaries known to the City
FY 2023-24 Assessment District No. 5 Assessment Roll
Mailinq Citv, State, ZIP
oAKLAND CA 94605 4514
CARPINTERIA CA 93013 3192CARPINTERIA CA 93013
BAKERSFIELD CA 93009
GRANADA HILLS CA 91344GLENDALE CA912022539
ARROYO GRANDE CA 93420 4939
HUNTINGTON BEACH CA 92649 1219
CAMARILLO CA 93012SANTA BARBAM CA 93103 2817
SANTA BARBAM CA 93108 2689PASADENA CA 91 105VENTURA CA 93003CARPINTERIA CA 93013CARPINTERIA CA 930,13 3075CAMARILLO CA 93010CAMARILLO CA 93010 BAKERSFIELD CA 93308BAKERSFIELD CA 93308
BAKERSFIELD CA 93301
CARPINTERIA CA 93013 2313SIMI VALLEY CA 93063SANTA BARBARA CA 93105 CARPINTERIA CA 93013
WESTLAKE VILLAGE CA91362 5457
NORTHRIDGE CA 91 324 4133
CARPINTERIA CA 93013 231 3CARPINTERIA CA 93013BAKERSFIELD CA 93313SIMI VALLEY CA 93065CAMARILLO CA 93012 MONARCH BEACH CA 92629SIMI VALLEY CA 93094 0148srMt VALLEY CA 93063 5028 SIMI VALLEY CA 93063
WRANGELL AK 99929
AGOURA HILLS CA 91301
CARPINTERIA CA 93013 1522WESTLAKE VILLAGE CA 91362
NEWHALL CA 91321
Mailins Address
4O4O FAIRWAY AVE
3150 FOOTHILL RD5775 CARPINTERIA AVE
1 1 13 TAM O SHANTER DR18021 MAYERLING ST1 155 N CENTRAL AVE 2091583 BEE CANYON RD15421 CHEMICAL LN 40023 VILLAGE 40
172 LAVISTAGMNDE
492 MONARCH LN
210 S ORANGE GROVE BLVD
4675 R|CE CT
4709 SANDYLAND RD 34444 FOOTHILL RD352 CALLE CONVERSE352 CALLE CONVERSE3101 STATE RD3101 STATE RD2729 21ST ST4975 SANDYLAND RD2OO4 N TRACY AVE 3324 STATE ST F
4975 SANDYLAND RD 104
966 BLUE MOUNTAIN CIR
84OO MELVIN AVE
4975 SANDYLAND RD 107
835 HOLLY AVE
4403 BEAR MOUNTAIN BLVD980 ENCHANTED WAY 10532126 VILLAGE 3232451 MEDITERRANEAN DR PO BOX 940'148
2768 BEL CIR
3153 SCOTTYS TERRACE
PO BOX 153029480 BERTRAND DR
1525 JAY ST
1186 DEEP WOOD DR
23222 grH ST
OwnerSEAHORSE TRUST 01 /1 5/03
ROBERTS FAMILY TRUST B (RESIDUAL TRUST) 4119176

CITY OF CARPINTERIA

MING, THARRELL & DINAH FAMILY LIMITED PARTNERSHIP
CARNEVALE LOUIE & JACQUELINE FAM TR 6-83

REESER BRITTANY LEE BARNES
EHRGOTT LAUREN MULFORDCAMPBELL SANDYLAND LLCMILLER JAMES H/CAROL REV EST TR 5-14-80MUNEIO THOMAS A M LIVING TRUST 1O/13/06

AMSS LLCGIACOPUZZI RUTH

FRANCIS T
WINGERDEN R & J FAMILY TRUST 11128195
RESNIK RODNEY A/ANN B TRUSTEES RESNIK LIV 1988 TR
RESNIK 1988 LIV TR

JAMIESON, LEE

JAMIESON, KRYSTYNA

DENNIS MAUL SALES, INCSANDYLAND TIC MANAGEMENT INC
ALLEMAN FAMILY TRUST 1OI3OI17

SCHENKER, ERIC MCHESLER, MARKFLOR
COLETTA FAMILY RESIDUAL TRUST 4121IOOBOECKMANN FAMILY TRUST 9/19/OO

SANDYLAND ROAD LLC
ROGERS, LUCIECHEVERRIA, JAVIERSCHIFRIN FAMILY TRUST 1I25IO2OTIS HARVEY C TRUST 4/1/09

BLACKBURN, DAVID
PALACIOS RON/KELLY FAMILY TRUST 1/22118
SION, HAIM MIKO/BARBARA SUSAN REVOCABLE TRUST 8/16/99

WRIGHT, NANCYA
FORTNERYGUYOR FAM ILY SURVIVOR'S TRUST 1 2/9/02

FRIEDMAN, MAURY/LISA
STENGEL FAMILY 2022 REVOCABLE TRUST 5118122GERLACH FAMILY LIVING TRUST 3127197 RINER, JAMES/PATRICIA TRUST 91 1 4192
APN
003-470-008003-470-010003-470-013003-490-001003-490-02s003-760-001003-760-002003-750-003 003-760-004
003-760-00s003-760-006003-760-007003-750-008003-770-001003-770-002003-770-003003-770-004003-800-001 003-800-002003-800-003003-830-001003-830-002
003-830-003003-830-004003-830-005
003-830-006
003-830-007003-830-008003-830-009003-830-010
003-830-011003-830-012003-830-013
003-830-014003-830-015
003-830-015
003-830-017003-830-018003-830-019003-830-020
FY 2023-24 Assessment District No. S Assessment Roll
Mailing 9ity, State, ZIP
TARZANA CA 91356LONG BEACH CA 90803
WESTLAKE VILLAGE CA 91362
BURBANK CA 91504
GRANADA HILLS CA 91344
CREEK CA 94596
ANGELES CA 90064 3223
CAMBRIA CA 93428BURBANK CA 91501NEWBURY PARK CA 91320
THOUSAND OAKS CA 91360 3601FULLERTON CA 92835MONARCH BEACH CA 92629 MARTNO CA 91108
CASTATC CA 91384LOS ANGELES CA 90024
cA 91301
SANGER CA 93657NORTHRIDGE CA 91362
CARPINTERIA CA 93013 2356
BAKERSFIELD CA 93306 1721
SoQUEL CA950732437
SANTA BARBARA CA 93108CARPINTERIA CA 93013HIDDEN HILLS CA 91302soMrs cA 93066 CAMARTLLO CA 93010 9279oAK PARK CA91377 3812LOS ANGELES CA 90025 soMts cA 93066 9760
BAKERSFIELD CA 9331 1
WESTLAKE VILLAGE CA 91362BAKERSFIELD CA 9331 1 2946BAKERSFIELD CA 93301 PACI FIC PALISADES CA 90272
SANTA BARBARA CA 93140
BELLEVILLE lL62223BAKERSFIELD CA 93312
soMts cA 93066CAMARILLO CA 9301O
Owner Address
003-830-021 KOZMAN FAMILY TRUST 5I27IO9 4259 CLARINDA DR MARYJANE 203 QUINCY AVE
-830-023 GERALD OWEN JR TRUSTEE RYCKMAN TRUST 1OI1OI9O 1784 COLLINGSWOOD CT 003-830-024 KOZMAN, MIKE/CELINE TRUSTEES KOZMAN FAM TR 6126195 3630 VIEWCREST DR 003-830-02s DAVIS ROBERT L/W JACQUELINE 12008 WOOD RANCH RD 003-830-026 GENSTIL REVOCABLE TRUST 7128117 NORLYN DR003-830-027 PRESS TRUST 1OI2I17 10726 ESTHER AVE ROLLINS JANET L TRUSTEE ROLLINS, JANET L TR 8/13/86 4605 WINDSOR BLVD TRUST 11t30t87 707 E PALM AVE
003-830-030 L TRUST 11116106 798 PREAKNESS PL
003-830-031 SCHILLO LLC 91 DOMBEY CIR003-830-032 TODHUNTER LIVING TRUST 4I28IO4 CORONADO DR 003-830-033 BLACKBURN DAVID 1 MEDITERRANEAN DR003-830-034 MURACHANIAN FAMILY TRUST 2/20/01 2370 SHERWOOD RD

FREY FAMILY TRUST
A 31349 CHERRY DR
35 ROSS/MCDONOUGH FAMILY TRUST 1213/1 3 10880 WILSHIRE BLVD lOOO 003-840-013 SORTINO PARTNERS, LLC WAGON RD
003-840-0 L4 HENRY PATRICK UMERRY
G 2007 REVOCABLE LIVING TRUST 7t20t07 139 WOOD DUCK DR
003-840-015 PANT PROPERTIES LP ,I390 OAKRIDGE CT
003-840-016 MEZZO SANDYLAND LLC 4925 SANDYLAND RD D
7 CLARK MIKE & BECKY FAMILY TRUST 4/9/19 4616 CHRISTMAS TREE LN 18 HERMANB&PTRUST 2715 PORTER ST 103
003-850-013 JOHN D & CHRISTINA E REVOCABLE LIVING TRUST 612311998 98 OLIVE MILL LN003-8s0-014 SINCLAIR, JACK L SANDYLAND RD 003-8s0-01s GARCIA FAMILY TRUST 1OI3OIO2 SCOTT ROBERTSON RD 004-090-001 BAMA & BAMPA EXEMPTION TRUST 9/7/05 BOX 228004-090-003 FITZGERALD JAMES A TRUST NO II 9/24179 1935 CALAMAR CT PROPERTIES TRUST 1 2I23I2O 534 ASPEN VIEW CT
-001 PAICH DAVID/LORRAINE A TRUSTEES PAICH FAM TR 6-19-90 10351 SANTA MONICA BLVD2TO 004-091-002 FERRO FAMILY TRUST 3/28/91 1 1 1O E CENTER RD 004-091-003 CAMTAN, JUDITH LIVING TRUST 9127IO4 1161 1 HARRINGTON ST004-091-004 HOBIN FAMILY TRUST SPRING FOREST LN 004-091-005 MARCHBANKS PROPERTIES, LLC CORMIER DR004-091-006 CARATAN CL FAMILY TRUST 2126118 2901 22ND ST 7-OO7 MCINTOSH LIVING TRUST 5112117 14919 LA CUMBRE DR1-008 DEMORNAY RICHARD TRUSTEE DEMORNAY RICHARD TR 1OI2I92 PO BOX 4085 101-001 ECKER, DORIS L TRUST 2118197 412 OAK HILL DR
004-101-002 MYRON & CONNIE FAMILY TRUST 7I1OIO7 8633 LAGO DI COMO LN004-101-003 BAMA & BAMPA SURVIVOR'S TRUST 9/7/05 PO BOX 228 004-101-004 SCHREINER TRUST 21 19193 EL TUACA ST
FY 2023-24 Assessment District No. 5 Assessment Roll
Mailins City, State, ZIPCAMAR|LLO CA 93010 1759BAKERSFIELD CA 93308SOLVANG CA 93464CAMARILLO CA 93010CAMARILLO CA 93012BAKERSFIELD CA 93390 1235 SANTA BARBARA CA 931 1OSANTA BARBARA CA 931 1OSANTA BARBARA CA 931 10 Mailinq Address185 CRESTVIEWAVE
6077 COFFEE RD 4
PO BOX 156
1359 SWEETWATERAVE
2086 CERVATO DR
PO BOX 21235
4681 SIERRA MADRE RD
4681 SIERM MADRE RD
4681 SIERRA MADRE RD
OwnerCOLLIER LIVING TRUST 1I2OI89BIG MONEY PROPERTIES LLCMULLINS KATHERYN A TRUSTEE (for) MULLINS MARITAL TR 1/20/964825 SANDYLAND 8. LLCGPREV, LLCDUNCAN, M B SEPARATE PROPERry TRUSTMARINA SHORES, LPMARINA SHORES, LPMARINASHORES, LP APN004-101-00s004-101-006004-101-007004-101-008004-109-001004-109-002004-115-001- 004-115-002004-115-003
PART F
A diagram showing each parcel
included in Assessment District No. 5
PART F
showing each parcel included in Assessment District No.5

ASH AVENUE
THIS OIAGRAM NOT TO SCALE"

HOLLY AVENUE
PUBLIC
BEACH r SANDYI_AND ROAD
t
,
I
t
t
,
,
t ELM AVENUE
t
,
t
t
t
3-830.01,02,03,04,05,06,07,08,09,
10,1 1,1 2,1 3,14,1 5,1 6,1 7,1 g,l 9,20,
21,22,23,24,?5,26,27,29,29,3 0,3 1,
3e,33,34,35,35.

LINDEN AVENUE
3-470-1 3
8;l8l-Bi.ti6"
t-7?o4t,
oz, Or, 01
3{20-@
003-a70-oto
3-{90-0,
J-roGot, 0?, o3
l-o!Got, 02, 03, 01
;,,.3isl 31
or,0.,
50-1 3
3-850-14,15
4 8
I
1 3-840-1
I 1 7
PART G
Collection Statement
Collection Statement
The Collection of Assessment District No. 5 funds may take place after the construction, maintenance and / or removal of each season's project. Should in good faith, the City of Carpinteria construct the winter protection berm as described in the Park and Recreation Director's report, and subsequently, the proposed assessments be adopted, the district will reimburse the City of Carpinteria for the current season's project costs to the extent described in the Engineer's report.

PART H
Unpaid Assessment Statement
U npaid Assessment Statement
The total principal sum of unpaid assessments for all properties within the City of Carpinteria's Assessment District Number Five's boundaries which remain unpaid as computed pursuant to paragraph (1) of Subdivision (b) of 12961 of California's Streets and Highways Code known as the Majority Protest Act of 1931 is $0.00 The total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed is equal or greater than $90,400,000.00 computed pursuant to paragraph (2) of subdivision (b) of 92961 of California's Streets and Highways Code known as the Majority Protest Act of 1931.

City of Carpinteria
Courrrcrl AceruoR Srnrr Reponr
April 24,2023

ITEM FOR COUNCIL CONSIDERATION
Approve the first reading of Ordinance No. 765, an Ordinance of the City Council of the City of Carpinteria, amending Carpinteria Municipal Code Sections 8.20 and 12.24 pertaining to public sleeping and camping.

STAFF RECOMMENDATION

1. Approve the first reading of Ordinance No. 765, amending CMC Sections 8.20 and

12.24, as read by title only.

2. Find that approval and adoption of Ordinance No. 765 is exempt from CEQA pursuant to Sections 15060(c)(2), 15060(cX3), and 15061(bX3) of the CEQA Guidelines.

3. Receive and file the Administrative Policy for Enforcement of CMC Sections 8.20 and 12.24.

4. Receive and file the Overnight Camping Notice used in connection with CMC Sections 8.20 and 12.24.

Sample Motion: I move to (1) approve the first reading of Ordinance No. 765, amending CMC Secfions 8.20 and 12.24, as read by title only; (2) find that approval and adoption of Ordinance No. 765 is exempt from CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines; (3) receive and file the Administrative Policy; and (4) receive and file the Overnight Camping Notice.

BACKGROUND
The City of Carpinteria ("City") currently prohibits persons from sleeping, camping, or lodging on public and private property in the City, subject to exceptions for designated places or where the owner of the property has granted permission. This prohibition is set forth in Carpinteria Municipal Code ('CMC") Sections 8.20 and 12.24 (collectively, the "No Camping Regulations").
25203065.5
No Camping Regulations
April24,2023
Page2
Recent case law, including Martin v. City of Boise ("Martin') and Johnson v. City of Grants Pass ("Grants Pass), has addressed what constitutes permissible enforcement of local agencies' prohibitions on camping and has constrained local agencies' ability to regulate and prohibit camping within their jurisdictions.

Martin prohibits enforcement of No Camping Regulations against individuals who do not have access to shelter. The decision does not, however, provide a clear definition for what constitutes "access to shelter". Also, importantly, footnote 8 of the decision specifically states that it:
o Does not apply to individuals who do have access to adequate temporary shelter but choose not to use it;
o Does not completely prohibit cities from banning sitting, lying, or sleeping outside at particular times or in particular locations;
o Does not prevent cities from prohibiting structures in public rights-of-way; and o Makes the valid enforcement of regulations depend on whether that law criminalizes an individual for not having "the means to live out the universal and unavoidable consequences of being human."
The Martin decision was recently applied in the Grants Pass decision. There are several key takeaways from the Granfs Pass case:
o This decision indicates that when considering whether there are "available shelter beds", a city should look only at shelters within its boundaries. o This decision indicates that both regulations prohibiting camping and civil penalties and enforcement of no camping regulations may be unconstitutional. o This decision is a reminder that the Eighth Amendment prohibits not only cruel and unusual punishment but also excessive fines.

The City has not updated the No Camping Regulations since these recent judicial decisions were published, and the current version of the No Camping Regulations does not include the carve-outs and caveats to enforceability that were created in the recent case law. The amendments proposed in Ordinance No. 765 are intended to bring the CMC into better alignment with these decisions and to increase the City's ability to legally enforce the No Camping Regulations.

DISCUSSION
The purpose of this agenda matter is for the City Council to consider approving a first reading of Ordinance No. 765, which updates the City's No Camping Regulations to better align with recent case law. Specifically, Ordinance No. 765 amends CMC Section 8.20 such that (i) the prohibition on camping shall not be enforceable against homeless persons when there is no available shelter, subject to limited exceptions, and (ii) the penalty for a violation of CMC Section 8.20 is only a misdemeanor or an 25203065.5
No Camping Regulations
April24,2023

infraction, and violators receive a warning and referral to services prior to citation. The exceptions where CMC Section 8.20 is enforceable against a homeless person without access to shelter are where there is a substantial danger to any person, where there is an immediate threat and/or an unreasonable risk of harm to public health or safety, and where there is a disruption to vital government services. Ordinance No. 765 also amends CMC Section 12.24 so that the prohibition on camping therein is subject to the limitations in CMC Section 8.20.

The proposed amendments to the No Camping Regulations are necessary to bring the CMC into alignment with recent case law. The proposed exceptions that would allow the No Camping Regulations to be enforceable against homeless persons without shelter access in limited situations are necessary for the City to promote and protect public health, safety, and generalwelfare of its citizenry, as the City is empowered to do by Government Code sections 65302, 65560, and 65800. Ultimately, the goal of these amendments is to prohibit unconstitutional enforcement of the No Camping Regulations against homeless persons without access to shelter while also expressly acknowledging that enforcement may be needed in some situations in order to promote public health, safety, and welfare.

This agenda item is also for the City Council to receive and file the Administrative Policy for Enforcement of No Camping Regulations (CMC Sections 8.20 and 12.24) ("Policy") and the Overnight Camping Notice related to the No Camping Regulations. The Policy was developed to assist both City staff and other enforcement personnel with understanding the status and limitations of recent case law and how these decisions impact their abitity to enforce the City's No Camping Regulations. The Policy also provides a guide/flowchart for City staff to refer to when determining how and when to enforce the No Camping Regulations and informs staff of the services that they can offer to homeless persons.

The Overnight Camping Notice is a notice that City staff and other enforcement personnel can leave on cars which are suspected of violating the City's No Camping Regulations and includes a list of resources to help people that may be experiencing homelessness.

POLICY CONSIDERATIONS
The proposed ordinance amending the No Camping Regulations is consistent with the City aligning the CMC and City policies and procedures with changes in the law.

Further, updating the No Camping Regulations is part of the City's response to homelessness and is thus consistent with the City's interest in promoting public health and safety and with Resolution No. 6038, concerning the Community Action Plan to Address Homelessness in Santa Barbara County, which includes the following strategies:

1. lncrease Access to Safe, Affordable Housing

2. Use Best Practices to Deliver Tailored Supportive Services to Meet lndividual Needs
2520306s.5
No Camping Regulations
April24,2023

3. Build a Collective Action Plan; lmprove Data Sharing

4. Strengthen Support Systems Available to Help Residents Obtain and Maintain Housing

5. Build Provider Capacity to Address the Needs of Specific Populations.

FINANCIAL CONSI DERATIONS
There are no direct financial considerations related to this item

NVIRONMENTAL CONSIDERA
Ordinance No. 765 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 reasonably 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(bX3), 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.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Since Martin, the enforcement of ordinances and regulations like the City's No Camping Regulations has become an evolving area of law. The City is aware of various ongoing litigation matters in other jurisdictions in which such jurisdiction's ordinances are being challenged or scrutinized. Given the evolving nature, there is some risk that the law could be further refined or modified by the courts such that the City's No Camping Regulations, as amended by Ordinance No. 765, become outdated. Regardless, the proposed amendments are necessary to better align the CMC with the current law in this area (e.9., Maftin and Grants Pass). There may be a need for additional amendments in the future as this area of law continues to progress.

OPTIONS

1. Approve the first reading of Ordinance No. 765 and receive and file the Policy and Overnight Camping Notice.

2. Direct staff to make changes to Ordinance No. 765, the Policy, and/or the Overnight Camping Notice.

3. Take no action on the draft legislation and direct staff as determined appropriate

PRINCIPAL PARTIES AT MEETINGS
There are no principal parties expected at the meeting
25203065.5
No Camping Regulations
April24,2023

ATTACHMENTS
Attachment A
Attachment B
Attachment C
Ordinance No. 765
Administrative Policy for Enforcement of No Camping Regulations Overnight Camping Notice
Staff Contact: Steve Goggia, Community Development Director (805) 755-4414 / [email protected] il_
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]
Reviewed by: Jena Shoaf Acos,
on behalf of Brownstein Hyatt Farber Schreck, LLP
acting as City Attorney for the City of Carpinteria
M ?q- At
sr@!tre
ture
25203065.5

ATTACHMENT A
ORDINANCE NO. 765

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA' AMENDING CHAPTERS 8.20 AND 12.24 OF THE CARPINTERTA

MUNICIPAL CODE
WHEREAS, within the City of Carpinteria ("City") and other cities in the surrounding region, and throughout the State of California, there is a significant number of people experiencing homelessness;
WHEREAS, homeless persons sometimes camp, sleep, or lodge on public or private property, particularly if they have no other place to sleep; WHEREAS, camping in undesignated places can create unsanitary, unhealthy, disorderly, and dangerous conditions that may affect both the campers and the general public; WHEREAS, the Legislature of the State of Califomia has, in Government Code sections 65302,65560, and 65800, conferred upon local govemments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; WHEREAS, in accordance with Government Code sections 65302,65560, and 65800, the City currently prohibits sleeping and camping except in designated places pursuant to Carpinteria Municipal Code ("CMC") Chapter 8.20 and camping or lodging within parks and beaches except in designated areas pursuant to CMC Chapter 12.24;
WHEREAS, recently, various courts have analyzed enforcement of local agency regulations similar to those codihed in CMC Chapters 8.20 and 12.24 and have held that enforcement of such regulations against homeless persons who do not have access to shelter may constitute a violation of the Eighth Amendment to the U.S. Constitution's prohibition on cruel and unusual punishment;
WHEREAS, notwithstanding the recent case law, there are camping situations that create a substantial danger or risk of harm that requires immediate removal of the camper and personal property in order to prevent substantial harm to individuals, the health andior safety of the public, and/or the City's vital government services. For example, persons camping, sleeping, or lodging in, on, or adjacent to critical infrastructure can result in damage or destruction of the infrastructure, which in turn can result in substantial adverse public health and safety impacts, including delayed emergency response times, intemrpted utility services, and injuries to persons and property; WHEREAS, the City, in consultation with legal counsel, has determined that CMC Chapters 8.20 and 12.24 require updates in order to better align with recent case law. However, it is critical that the City still be able to remove encampments and campers that endanger human lives, public health and safety, and vital government services; WHEREAS, this Ordinance intends to prohibit unconstitutional enforcement of CMC Chapters 8.20 and 12.24 against homeless persons without access to shelter, but expressly acknowledges that enforcement may be needed in some situations in order to promote public health, safety, and welfare;
25268747.5
Ordinance No. 765
Page2
WHEREAS, it has been determined that amending the CMC as provided for in this Ordinance is within the City's best interest; and
WHEREAS, the City acknowledges that homelessness continues to remain a dynamic and evolving issue within the City and the surrounding region that requires coordinated efforts by the City, the County of Santa Barbara, the State of California, the Federal Government, and regional partners.

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 Chapters 8.20 and 12.24 of the Carpinteria Municipal Code.

Chapter 8.20 of the CMC is hereby amended to read as set forth in Exhibit A, the text and strikeout of which is attached hereto as Exhibit B and Chapter 12.24 of the CMC is hereby amended to read as set forth in Exhibit C, the text and strikeout of which is attached hereto as Exhibit D.

SECTION 3. Effective Date.

This Ordinance shall be in full force and effect thirty days following the 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.

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 25268747.5
Ordinance No. 765

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 certifu 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
_, 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 theforegoing Ordinance wss duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held this [dateJ.

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
25268747.5
Ordinance No. 765

EXHIBIT A
Chapter 8.20
25268747.5
Chapter 8.20 SLEEPING AND CAMPING

8.20.010 Vehicle defined
As used in this chapter the term "vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
(Prior code 5 5301)

8.2O.O2O Sleeping and camping except in designated places prohibited.

Subject to Section 8.20.040, no person shall sleep or camp at any time, whether inside or outside of a vehicle, in or on any:

A. Public street; or
B. Public property, except public property designated for overnight camping; or C. Private property, including but not limited to beaches, vacant lots, parking areas and commercial properties, unless the person sleeping or camping in or on such private property:

1. ls the owner thereof or the lessee ofsuch property or the houseguest ofsuch owner or lessee, or

2. Has the permission of the owner of such property, his agent, or the person in lawful possession of such property, and sanitary facilities approved by the health officer of the county of Santa Barbara are available on such property to the person sleeping or camping in or on such property.

D. At all times, regardless of the availability of shelter, no person shall sleep or camp in the following places:

L. Where there is a substantial danger to any person,

2. Where there is an immediate threat and/or an unreasonable risk of harm to public health or safety, or

3. Where there is a disruption to vital government services. (Ord. 344 S 1, 1983: prior code 5 5300)

8.20.030 Penalty.

A violation of this Chapter shall be a misdemeanor or an infraction. Violators shall receive a warning prior to a citation and shall be referred to services for persons experiencing homelessness, if appropriate.

8.20.040 Enforcement.

Enforcement officers shall not issue a citation to enforce unauthorized camping in violation of Section 8.20.020 (A) through (C) when the violator is a homeless person who is on public property at a time when there is no available overnight shelter. Section 8.20.020 (D) is enforceable against all persons, including homeless persons, at all times, regardless of shelter availability.
25268747.5
Ordinance No. 765

EXHIBIT B
Chapter 8.20
25268747.5
Tit|e 8 - HEALTH AND SAFETY
Chapter 8.20 SLEEPING AND CAMPING
Chapter 8.20 SLEEPING AND CAMPING

8.20.010 Vehicle defined.

As used in this chapter the term "vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
(Prior code 5 5301)

8.2O.O2O Sleeping and camping except in designated places prohibited.

Subiect to Section 8.20.040, Nno person shall sleep or camp at any time, whether inside or outside of a vehicle, in or on any:

A. Public street; or
B. Public property, except public property designated for overnight camping; or C. Private property, including but not limited to beaches, vacant lots, parking areas and commercial properties, unless the person sleeping or camping in or on such private property:

L. ls the owner thereof or the lessee of such property or the houseguest of such owner or lessee, or

2. Has the permission of the owner of such property, his agent, or the person in lawful possession of such property, and sanitary facilities approved by the health officer of the county of Santa Barbara are available on such property to the person sleeping or camping in or on such property.

D. At all times, reeardless of the availabilitv of shelter, no person shall sleep or camp in the followins places:

1. Where there is a substantial danger to anv person,

2. Where there is an immediate threat and/or an unreasonable risk of harm to public health or safetv, or
+.3. Where there is a d
(Ord. 3aa 5 1, 1983: prior code 5 5300)

8.20.030 Penaltv.
citation and shall be referred to services for experiencing homelessness, if appropriate.

8.20.040 Enforcement.

Enforcement officers shall not issue a citation to enforce unauthorized camping in violation of Section 8.20.020 (A) throush (C) when the violator is a homeless person who is on public propertv at a time when there is no available overnisht shelter. Section 8.20.020 (D) is enforceable asainst all persons, including homeless persons, at all times, resardless of shelter availabilitv.

Carpinteria, California, Code of Ordinances
(Supp. No.45,8-221
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Cteated: 2O22-O8-25 14:03:09 [EST]
Ordinance No. 765

EXHIBIT C
Chapter 12.24
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Chapter L2.24 PUBLIC PARKS AND BEACHES
t2.24.OLO Def i n itions.

For the purposes of this chapter the following definitions shall apply:

A. "Public beaches" means and includes all beach areas bordering the Pacific Ocean maintained by the city regardless of whether such beaches are used by right of dedication, lease, easement or adverse public uses.

B. "Public parks" means and includes all dedicated parks, parks established by adverse uses, and parks on leased property, all planted parkways, triangles and traffic circles maintained by the city, except the parkway strips between curb and sidewalk along the several streets and highways of the city. (Prior code SS 490L and 4900)
I2.24.O2O Public parks and beaches-Prohibited acts and exceptions.

Within the boundary lines of any of the parks or beaches, as defined in Section 72.24.0LO, it is unlawful for any person or persons to do any of the following acts:

1. To dump or deposit any trash, refuse, rubbish, litter or other kind of waste materials, except in approved containers specifically placed and designated to receive such waste materials;

2. To bring into or use any glass containers or objects in any public parks or beaches;

3. To start or maintain any fire, except in such areas as are specifically designated by the city manager for such fires, including stoves, barbecue pits, fire rings and the like;

4. To commit any act of vandalism, including the damaging or destroying of trees or their leaves, limbs or branches, bushes, shrubbery, equipment, signs, buildings or rooms, or to tear down or deface the same, or to pick any crops, fruit or flowers in any portion of such public park or beach;

5. To bring or use any firearms or air or gas or spring-propelled guns, slingshots, bows and arrows, javelins, discus, golf clubs and golf balls, or any similar projectile or projectile-throwing device, except that such may be permitted in such portions of public parks or beaches as are specifically determined to be safe for such uses and are so designated by the city manager;

6. a. To discharge or set off any firecrackers, torpedoes, rockets or other fireworks except where a permit has been granted by the city manager;
b. The city manager shall grant such permit only where he finds that it is for an established civic celebration, the person proposing to discharge or set off said fireworks has the necessary skill and experience to do so, and that it can be done without endangering persons or property;

7. To stable, pasture or keep animals or insects;

8. To enter any portion of a public park or beach in the city, or buildings or portions thereof in such public parks and beaches which are posted with signs stating "No Entry," "Keep Out," "No Trespassing," "Closed Area," or other prohibition of entry;

9. To enter any portion of or be in a public park or beach in the city at a time of the day, or on a day of the week, when such entry is prohibited by a clearly legible sign posted at each entrance to such public park or beach. The city manager is given authority to post such signs;

10. To park any automobiles or any othervehicles in any public park or beach in the city, except in areas specifically designated as parking areas by the city manager; 25268747.5

11. To construct or erect on any portion of a public park or beach in the city any building, fence or structure of whatever kind, whether permanent or temporary in character, or run, or string or install any public service utility into, upon, or across such lands, except on special written permit of the city manager. Each day such condition exists shall constitute a new and separate offense; t2. Tohitch,fasten, lead,driveorletlooseanyanimal orfowl ofanykind,providedthatthisshall not apply when led by a cord or chain, not more than six feet long, or when a dog is located in an off-leash dog area pursuant to the requirements of Chapter 6.04;

13. To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravel or fertilizer;

14. Subject to Chapter 8.20, to camp or lodge therein except in areas designated and posted as camping sites by the city manager;

15. To play or engage in any sport or sporting event in any picnic area;

16. To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition; L7. To use or permit to be used any public address system, loud speaker, bullhorn or other power amplified sound equipment without first obtaining a written permit from the city manager;

18. To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or advertising device or matter of any kind;

19. To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless granted a valid permit by the city council;

20. To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without permission of the city council; 2!. To use or operate any motor-powered vehicles at any time, except as permitted by the city manager in designated streets or parking areas or as part of a supervised recreational activity. This paragraph does not apply to officers, agents or employees of the United States, the State of California, the City of Carpinteria, or other local governmental agency, when they are using motor-powered vehicles in the performance of their official duty, nor to the use of motor-powered vehicles in emergencies when it is necessary to use them for the preservation or protection of life or property, nor to utility companies using motor-powered vehicles for the installation, maintenance, repair or servicing of utility lines when permission is obtained from the city manager;
21^A. !. To smoke a cigarette, cigar, or use any tobacco or tobacco-related product,

2. To smoke a cigarette, cigar, or other tobacco-related product within twenty-five (25) feet of any playground or tot-lot sandbox area, pursuant to Health & Safety Code 5 104495, or

3. To dispose of cigarette butts, cigar butts, or any other tobacco-related waste within twenty-five (25) feet of a playground or a tot-lot sandbox area, pursuant to Health & Safety Code S LO4495;

22. No company, society or organization of more than twenty-five (25) persons shall hold or conduct any picnic, celebration, parade, service or exercise in any public park or beach without first obtaining permission from the city manager, and it is unlawful for any person to take part in any picnic, celebration, parade, service or exercise held or conducted contrary to the provisions hereof. lf the city manager denies such permission, appeal may be made to the city council within ten (10) days thereafter;

23. No person who is over eight (8) years of age shall enter or use any water closet, restroom, dressing room or other facility designated for exclusive use by persons of the opposite sex in a public park or beach;

24. For any persons to assemble, collect or gather together in any walk, passageway or pathway set apart for the travel of persons through any park or beach or to occupy same so that the free passage or use thereof by persons passing along the same shall be obstructed in any manner; 25268747.5

25. Notwithstanding any provisions of Sections L2.24.07O through L2.24.O2O the riding of horses or bicycles on designated bridle trails or bikeways is permitted;

26. Notwithstanding any of the provisions of SectionsL2.24.01.0 through t2.24.040, nothing shall prevent the operation of motor vehicles and free right of public access over or across any validly dedicated public street or road in the city.

27. To use or operate any model airplane, model boat, model rocket, model car or other similar device that is motorized or powered except in an area, at such times, an in a manner as designated by the city manager. The city manager shall designate with on site signage and shall post such an area only when the powered models are limited to "park flyer qualified" or an equivalent designation and he has found that the time, place and manner of operation will not conflict with other park use or wildlife habitat.

The city manager shall have the power to promulgate rules and regulations not in conflict with the provision of this section for the purpose of enforcing and implementing this section. A copy of such rules and regulations shall be on file in the city clerk's office. (Ord.598 52,2OO4; Ord. 369 5 1, 1985; Ord.247 523,1978; prior code S 4902) ( Ord. No. 649, S 1, 3-1.4-2017; Ord. No. 733 , 5 5,II-12-20L9) L2.24.O21. Pu b I i c pa rks-Specif i ca I ly prohi bited acts.

A. Subject to Chapter 8.20, within any public park in the city, it is unlawful for any person or persons to do any of the following acts:
'J,. To be in or upon any public park from one-half hour after sunset to one-half hour before sunrise; or to camp or lodge therein except in areas designated and posted as camping sites by the city manager, without first obtaining from the city manager a special public park use permit pursuant to Section L2.24.O22 or a special event permit pursuant to Chapter 10.68;

2. To drink or possess any alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume as set forth in Section 9.08.010, without first obtaining from the city manager a special public park use permit pursuant to Section 12.24.022 or a special event permit pursuant to Chapter 10.68.

B. Within the boundaries of the Carpinteria Salt Marsh Nature Park it is unlawful for any person or persons to ride a bicycle, skateboard, rollerblades or other similar device. Bicycles, skateboards, rollerblades or other similar devices may be walked or carried in the park in an orderly manner. This prohibition does not apply to safe use of wheelchairs or other devices used for the mobility of the disabled. (Ord.472 S 2 (part),1992)
( Ord. No. 644, E 3,8-9-2010 ; Ord. No. 648, S 1, 3-1.4-20771 I2.24.O22 Permits-Special public park use.

Any person or persons desiring to use a public park for a picnic, barbecue or other gathering at a time of the day, or day of the week, when such public park use is otherwise prohibited, and/or where consumption of any alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume will occur, may make prior written application to the city manager for a permit allowing such use. The city manager shall make application forms available and, upon reviewing each application, shall determine on a case-by-case basis whether the applicant shall be required to obtain a special public park use permit pursuant to this section or a special event permit pursuant to Chapter

10.68. Typically, for smaller events, including but not limited to birthday parties and picnics, a special public park use permit shall be the appropriate permit. The city manager may condition the issuance of a special public park use permit upon the applicant's payment of a deposit sufficient to ensure cleanup and the applicant's agreement to hold the city harmless from the activities contemplated by the permit and to repair and replace any and all 25268747.5
damage to city property which may occur during the special public park use. For larger events, the city manager may require a special event permit pursuant to Chapter 10.68. (Ord.472I 2 (part), 1992)
( Ord. No. 644, $ 3, 8-9-2010 )
t2.24.O3O Public parks and beaches-Sale of goods in proximity prohibited.

It is unlawful for any person or persons to sell, expose for sale or offer to sell in or along any public street, lane or thoroughfare adjoining or approaching any public park or beach in the city within two hundred feet of such park or beach, any goods, wares or merchandise of any kind whatsoever. (Prior code 5 4906)
L2.24.O4O Public parks and beaches-Vehicles for hire in proximity prohibited.

It is unlawful for any person or persons to stand, keep or expose for hire, any wagon, carriage, automobile, or other vehicle, in or along any public street, lane or thoroughfare adjoining or approaching any public park or beach in such city, within two hundred feet of any entrance to such park. (Prior code 5 4907)
I2.24.O5O Pu b I ic bea ch es specif i ca I ly- Proh i bited a cts.

A. For the purposes of this section, the following definitions shall apply:

1. "surfboard" means any board used for surfing on the water or water skimming which contains hard surfaces, including, without limitation, fiberglass, or any hard projection or surface of any kind or nature which is capable of inflicting cuts or bodily injuries to any swimmer or bather by reason of such hard surface or projection. "surfboard" shall not include any board or device made wholly of soft or semi-soft plastic, rubber polyethylene foam, such as "boogie boards," without any hard projections or surfaces that would be capable of inflicting such cuts or injury.

2. "Motorized vessel" means anytype of watercraft used or capable of being used as a means of transportation on water which is propelled by machinery, whether or not such machinery is the principal source of propulsion,

3. "Bathing beach" means that area of beach from the westerly property line of Carpinteria State Beach on the east to the easterly edge ofAsh Avenue on the west.

4. The on-shore "launching area" means that area of beach from the easterly edge ofAsh Avenue on the east to the westerly city limit on the west. The off-shore "launching area" shall extend three hundred feet from the mean high tide line and shall be bounded by the westerly city limit to the west and a parallel line of sixty feet to the east of the westerly city limit.

B. Within the limits of any bathing beach in the city and within three hundred feet seaward of the mean high tide line, it is unlawful for any person or persons to do any of the following acts:

L. To ride, float on, or otherwise use any surfboard, or to engage in the sport of surfing with a surfboard, or to ride with or on a surfboard, on ocean waves or swells or the surf;

2. To use or operate any motorized vessel;

3. To launch or land any motorized vessel;

4. To moor, store or otherwise maintain any raft, motorized vessel, boat or other privately owned . equipment except as such may be specifically authorized by the city manager or his authorized representatives;
25268747.5
5 To consume an alcoholic beverage or possess an open container of any alcoholic beverage as set forth in Section 9.08.010.
c. Within the limits of any launching area in the city it is unlawful for any person or persons to do any of the following acts:

1. Launch any motorized vessel between the hours of eight p.m. and eight a.m.; except such motorized vessel may be launched if its engine is not used within three hundred feet of the mean high tide line;

2. Operate any motorized vessel in excess of five miles per hour;

3. Moor, store, refuel, service or otherwise maintain any raft, motorized vessel or boat or other privatelyowned equipment except as such may be specifically authorized by the city manager or his authorized representatives;

4. Utilize, maintain or otherwise be in possession of trailers except when actually in the process of launching or retrieving any raft, motorized vessel or boat;

5. Launch any motorized vessel without first providing the on-duty lifeguard, if such lifeguard be on duty, with the State of California boat registration number (CF number);

6. Launch any motorized vessel without the operator thereof first familiarizing himself or herself with the rules, regulations, ordinances and statutes applicable to the permitted launching and operation of such motorized vessel in the area;

7. Operate any motorized vessel in violation of any applicable state or local law, ordinance, rule or regulation, including, but not limited to, limitations placed on noise levels;

8. Launch without the appropriate number of personal flotation devices. All vessels, regardless of the means of propulsion, must have on board a U.S. Coast Guard approved personal flotation device (PFD) for each person on board said vessel. Such personal flotation devices shall be in a serviceable condition.

D. The provisions of this section shall not be deemed to prevent the operation or use of surfboards, boats or vehicles by any police officer, lifeguard or other duly authorized and appointed employee of the city or State of California or any agency or instrumentality thereof while in the performance of such person's official duties.

E. Notwithstandingthe definitions of "bathing beach" in subsection 43 of this section, and "on-shore launching area" in subsection A4 of this section, the city manager is authorized to establish a temporary alternate onshore launching area at the seaward end of Linden Avenue, subject to all other terms and conditions of this chapter, when it is determined by the city manager that the use of the Ash Avenue on-shore launching area is either unsafe or unusable for launching vessels, and only until such time that the city manager determines that the Ash Avenue location is again usable for that purpose. Said temporary launching area shall not exceed twenty-five feet in width and shall be clearly marked and posted with signs indicating directions and regulations for use of said temporary launching area. Said on-shore launching area shall be open only when said signs are posted and in place. All users of said temporary launching area shall obtain a seasonal permit for such use from the city prior to using said launching area. ln the event that use of the temporary on-shore launching area is determined by the city manager to constitute a public nuisance, as defined in California Penal Code Section 370, further use ofsaid on-shore launching area shall be suspended pending a public hearing before the city council whose decision regarding further use of said temporary on-shore launching area shall be final.
(Ord.506 52,L994; Ord.448 $ 1,1989; Ord.426 5 1,1988: Ord.370 $ 1, 1985: Ord.358 5 1,1984: Ord.328 S 1, 1982; prior code $ 4903)
( Ord. No. 644, S 3,8-9-2010 )
25268747.5
L2.24.06O Enforcem ent-Auth ority to eject violators.

The city manager, city police or such other deputies as duly appointed and designated by the city manager, or any peace officer, shall have the authority to eject from any public park or beach any person acting in violation of Sections L2.24.OtO through L2.24.050 orSection L2.24.090. (Ord.467 $ 4 (part), 1991; Ord. 358 5 2, 1984: prior code 5 4904) L2.24.O7 O E nforcement-Aut hority to conf i scate property.

The city manager, city police or such other deputies as duly appointed and designated by the city manager, or any peace officer, shall have the authority to seize and confiscate any property, thing or device in the parks or beach, used in violation of Sections L2.24.0IO through t2.24.050 or L2.24.O90. (Ord.467 $ 4 (part), 1991: Ord. 358 5 3, 1984: prior code 5 4905) L2.24.O8O Enforcement-Authority to arrest.

The city manager, city police or such other deputies as duly appointed and designated by the city manager, or any peace officer, shall have the power to arrest in connection with the enforcement of any of the provisions of Sections t2.24.0LO through L2.24.O5O or L2.24.09O.
(Ord.467 $ 4 (part), 1991: Ord. 358 5 4, 1984)
I2.24.O9O Protection of harbor seals.

A. Access to that portion ofthe city beach, starting at the base ofthe existing Chevron Pier and extending approximately seven hundred fifty feet easterly and westerly along the beach, with the exact boundary to be determined by the city manager (in consultation with qualified marine mammal experts), shall be closed at all times during the harbor seal pupping season, commencing each December 1st and ending May 31st of the following year.

B. During such period, dogs or other animals shall be prohibited from the closed beach area and from an area adjacent to the closed beach area (adjacent area), to be determined by the city manager (in consultation with qualified marine mammal experts). No person shall, at any time during such period, allow any dog or other animal to be in the closed beach area or in the adjacent area, as posted.

C. During such period, no person, without prior authorization of the city manager, shall enter the closed beach a rea.

D. The city manager shall post such information and warning signs in and around the closed beach area to identify the closed beach area and adjacent area, and may erect appropriate fences if such are found to be necessary.

E. During such period, no person shall operate or use motorized vessels (as defined in Section 12.24.050) within three hundred (300) feet seaward of the mean high tide line for the length of the closed beach area, and no person shall operate or use personal watercraft within one thousand (1,000) feet seaward of the mean high tide line for the length of the closed beach area. "Personal watercraft" means a motorized vessel under sixteen (16) feet in length, designed to be capable of speeds in excess of twenty (20) miles per hour, and designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than the conventional manner of sitting or standing inside the vessel. (Ord. 470 5 4, 1991; Ord. 469 5 4, 1991: Ord. 469 5 4, 1991; Ord.470 5 4, 1991: Ord. 465 S 4, 1991: Ord. 460 5 4, 1 990)
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L2.24.LOO Assessment District No. 5
Upon formation of Assessment District No.5, and forthe duration of the existence of Assessment District No. 5, the city shall contribute to Assessment District No. 5, from any sources of revenue not otherwise prohibited by law, an amount specified by the city council for the purpose of paying for a portion of the costs associated with the city's winter protection berm program conducted on the Carpinteria City Beach, and the payment of expenses incidental thereto for the use and benefit of Assessment District No. 5. All contributions by the city to Assessment District No.5 shall be in an amount as determined by resolution or other appropriate action of the city council. (Ord. 483 S 1, 1993)
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Ordinance No. 765

EXHIBIT D
Chapter 12.24
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TitIE 12 - STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 72.24PUBLIC PARKS AND BEACHES
Chapter L2.24 PUBLIC PARKS AND BEACHES

12.24.OLO Def i n iti ons.

For the purposes of this chapter the following definitions shall apply:

A. "Public beaches" means and includes all beach areas bordering the Pacific Ocean maintained by the city regardless of whether such beaches are used by right of dedication, lease, easement or adverse public uses.

B. "Public parks" means and includes all dedicated parks, parks established by adverse uses, and parks on leased property, all planted parkways, triangles and traffic circles maintained by the city, except the parkway strips between curb and sidewalk along the several streets and highways of the city. (Prior code 55 4901 and 4900)
t2.24.O20 Public parks and beaches-Prohibited acts and exceptions.

Within the boundary lines of any of the parks or beaches, as defined in Section !2.24.OtO, it is unlawful for any person or persons to do any of the following acts:
l. To dump or deposit any trash, refuse, rubbish, litter or other kind of waste materials, except in approved containers specifically placed and designated to receive such waste materials;

2. To bring into or use any glass containers or objects in any public parks or beaches;

3. To start or maintain any fire, except in such areas as are specifically designated by the city manager for such fires, including stoves, barbecue pits, fire rings and the like;

4. To commit any act of vandalism, including the damaging or destroying of trees or their leaves, limbs or branches, bushes, shrubbery, equipment, signs, buildings or rooms, or to tear down or deface the same, or to pick any crops, fruit or flowers in any portion of such public park or beach;

5. To bring or use any firearms or air or gas or spring-propelled guns, slingshots, bows and arrows, javelins, discus, golf clubs and golf balls, or any similar projectile or projectile-throwing device, except that such may be permitted in such portions of public parks or beaches as are specifically determined to be safe for such uses and are so designated by the city manager;

6. a. To discharge or set off any firecrackers, torpedoes, rockets or other fireworks except where a permit has been granted by the city manager;
b. The city manager shall grant such permit only where he finds that it is for an established civic celebration, the person proposing to discharge or set off said fireworks has the necessary skill and experience to do so, and that it can be done without endangering persons or property;

7. To stable, pasture or keep animals or insects;

8. To enter any portion of a public park or beach in the city, or buildings or portions thereof in such public parks and beaches which are posted with signs stating "No Entry," "Keep Out," "No Trespassing," "Closed Area," or other prohibition of entry;
Carpinteria, California, Code of Ordinances
(Supp. No.45,8-221
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Cteatedi 2O22-O8-25 14:43:18 [EST]

9. To enter any portion of or be in a public park or beach in the city at a time of the day, or on a day of the week, when such entry is prohibited by a clearly legible sign posted at each entrance to such public park or beach. The city manager is given authority to post such signs;

10. To park any automobiles or any other vehicles in any public park or beach in the city, except in areas specifically designated as parking areas by the city manager;

17. To construct or erect on any portion of a public park or beach in the city any building, fence or structure of whatever kind, whether permanent or temporary in character, or run, or string or install any public service utility into, upon, or across such lands, except on special written permit of the city manager. Each day such condition exists shall constitute a new and separate offense;

12. To hitch, fasten, lead, drive or let loose any animal or fowl of any kind, provided that this shall not apply when led by a cord or chain, not more than six feet long, or when a dog is located in an off-leash dog area pursuant to the requirements of Chapter 6.04;

13. To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravel or fertilizer; t4. Subiect to Chapter 8.20, tTo camp or lodge therein except in areas designated and posted as camping sites by the city manager;

15. To play or engage in any sport or sporting event in any picnic area;

16. To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition;

17. To use or permit to be used any public address system, loud speaker, bullhorn or other power amplified sound equipment without first obtaining a written permit from the city manager;

18. To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or advertising device or matter of any kind;

19. To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless granted a valid permit by the city council;

20. To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without permission of the city council; 2L. To use or operate any motor-powered vehicles at any time, except as permitted by the city manager in designated streets or parking areas or as part of a supervised recreational activity. This paragraph does not apply to officers, agents or employees of the United States, the State of California, the City of Carpinteria, or other local governmental agency, when they are using motor-powered vehicles in the performance of their official duty, nor to the use of motor-powered vehicles in emergencies when it is necessary to use them for the preservation or protection of life or property, nor to utility companies using motor-powered vehicles for the installation, maintenance, repair or servicing of utility lines when permission is obtained from the city manager;

21.A. L. To smoke a cigarette, cigar, or use any tobacco or tobacco-related product,

2. To smoke a cigarette, cigar, or other tobacco-related product within twenty-five (25) feet of any playground or tot-lot sandbox area, pursuant to Health & Safety Code 5 L04495, or

3. To dispose of cigarette butts, cigar butts, or any other tobacco-related waste within twenty-five (25) feet ofa playground or a tot-lot sandbox area, pursuant to Health & Safety Code 5 104495;

22. No company, society or organization of more than twenty-five (25) persons shall hold or conduct any picnic, celebration, parade, service or exercise in any public park or beach without first obtaining permission from the city manager, and it is unlawful for any person to take part in any picnic, celebration, parade, service or exercise held or conducted contrary to the provisions hereof. lf the city (Supp. No.45,8-22)
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manager denies such permission, appeal may be made to the city council within ten (10) days thereafter;

23. No person who is over eight (8) years of age shall enter or use any water closet, restroom, dressing room or other facility designated for exclusive use by persons of the opposite sex in a public park or beach;

24. For any persons to assemble, collect or gather together in any walk, passageway or pathway set apart for the travel of persons through any park or beach or to occupy same so that the free passage or use thereof by persons passing along the same shall be obstructed in any manner;

25. Notwithstanding any provisions of Sections 12.24.OL0 through 12.24.020 the riding of horses or bicycles on designated bridle trails or bikeways is permitted;

26. Notwithstanding any of the provisions of SectionsL2.24.OLO through !2.24.O4O, nothing shall prevent the operation of motor vehicles and free right of public access over or across any validly dedicated public street or road in the city.

27. To use or operate any model airplane, model boat, model rocket, model car or other similar device that is motorized or powered except in an area, at such times, an in a manner as designated by the city manager. The city manager shall designate with on site signage and shall post such an area only when the powered models are limited to "park flyer qualified" or an equivalent designation and he has found that the time, place and manner of operation will not conflict with other park use or wildlife habitat.

The city manager shall have the power to promulgate rules and regulations not in conflict with the provision of this section for the purpose of enforcing and implementing this section. A copy of such rules and regulations shall be on file in the city clerk's office. (Ord. 598 5 2,2OO4; Ord. 369 5 1, 1-985; Ord.247 I23, L978; prior code 5 4902) ( Ord. No. 649, 5 1, 3-!4-21tt; Ord. No. 733 , 5 5, !!-L2-2O!91 L2.24.O2L Pu bl ic pa rks-Specif ica I ly prohi bited acts.

A. Subiect to Chapter 8.20, wWithin any public park in the city, it is unlawful for any person or persons to do any of the following acts:
t. To be in or upon any public park from one-half hour after sunset to one-half hour before sunrise; or to camp or lodge therein except in areas designated and posted as camping sites by the city manager, without first obtaining from the city manager a special public park use permit pursuant to Section

12.24.022 or a special event permit pursuant to Chapter 10.68;

2. To drink or possess any alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume as set forth in Section 9.08.010, without first obtaining from the city manager a special public park use permit pursuant to Section L2.24.O22 or a special event permit pursuant to Chapter 10.68.

B. Within the boundaries of the Carpinteria Salt Marsh Nature Park it is unlawful for any person or persons to ride a bicycle, skateboard, rollerblades or other similar device. Bicycles, skateboards, rollerblades or other similar devices may be walked or carried in the park in an orderly manner. This prohibition does not apply to safe use of wheelchairs or other devices used for the mobility of the disabled. (Ord. 472 S 2 (part), 1992)
( Ord. No. 644,53,8-9-2010; Ord. No.648,51, 3-I4-20IL)
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(Supp. No.45,8-221
L2.24.O22 Permits-Special public park use.

Any person or persons desiring to use a public park for a picnic, barbecue or other gathering at a time of the day, or day of the week, when such public park use is otherwise prohibited, and/or where consumption of any alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume will occur, may make prior written application to the city manager for a permit allowing such use. The city manager shall make application forms available and, upon reviewing each application, shall determine on a case-by-case basis whether the applicant shall be required to obtain a special public park use permit pursuant to this section or a special event permit pursuant to Chapter

10.68. Typically, for smaller events, including but not limited to birthday parties and picnics, a special public park use permit shall be the appropriate permit. The city manager may condition the issuance of a special public park use permit upon the applicant's payment of a deposit sufficient to ensure cleanup and the applicant's agreement to hold the city harmless from the activities contemplated by the permit and to repair and replace any and all damage to city property which may occur during the special public park use. For larger events, the city manager may require a special event permit pursuant to Chapter 10.68. (Ord. 472 S 2 (part), 1992)
(Ord. No. 644,53,8-9-2010 )
t2.24.03O Public parks and beaches-Sale of goods in proximity prohibited.

It is unlawful for any person or persons to sell, expose for sale or offer to sell in or along any public street, lane or thoroughfare adjoining or approaching any public park or beach in the city within two hundred feet of such park or beach, any goods, wares or merchandise of any kind whatsoever. (Prior code S 4906)
L2.24.O4O Public parks and beaches-Vehicles for hire in proximity prohibited.

It is unlawful for any person or persons to stand, keep or expose for hire, anywagon, carriage, automobile, or other vehicle, in or along any public street, lane or thoroughfare adjoining or approaching any public park or beach in such city, within two hundred feet of any entrance to such park. (Prior code 5 4907)
L2.24.O50 Pu bl ic beach es specifica I ly- Proh i bited a cts.

A. For the purposes of this section, the following definitions shall apply:
t. "surfboard" means any board used for surfing on the water or water skimming which contains hard surfaces, including, without limitation, fiberglass, or any hard projection or surface of any kind or nature which is capable of inflicting cuts or bodily injuries to any swimmer or bather by reason of such hard surface or projection. "Surfboard" shall not include any board or device made wholly of soft or semi-soft plastic, rubber polyethylene foam, such as "boogie boards," without any hard projections or surfaces that would be capable of inflicting such cuts or injury.

2. "Motorized vessel" means any type of watercraft used or capable of being used as a means of transportation on water which is propelled by machinery, whether or not such machinery is the principal source of propulsion.

3. "Bathing beach" means that area of beach from the westerly property line of Carpinteria State Beach on the east to the easterly edge of Ash Avenue on the west. (Supp. No.45,8-22l.
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