Agenda packet — Carpinteria City Council, May 22, 2023 (part 2 of 2)

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City of Carpinteria

COUNCIL AGENDA STAFF REPORT
May 22, 2023

ITEM FOR COUNCIL CONSIDERATION
Resolution No. 6240, concerning the continuation of Parking and Business Improvement Area Assessment District No. 4, including setting the general business assessment amount for Fiscal Year 2023-24.

STAFF RECOMMENDATION

1. Following the staff report, open the public hearing, receive any testimony and/or protests concerning the continuation of Parking and Business Improvement Area Assessment District No. 4 and close the public hearing.

2. Adopt Resolution No. 6240, continuing the District for Fiscal Year 2023-24, including establishing the annual general business assessment amount of $122.64, for Fiscal Year 2023-24.

Sample Motion: I move to adopt Resolution No. 6240, as read by title only, continuing Assessment District No. 4 for Fiscal Year 2023-24, establishing the annual general business assessment amount of $122.64 for Fiscal Year 2023-24.

BACKGROUND
On March 27, 2023, by Resolution No. 6216, the City Council ordered a report on the status and projections for Carpinteria Parking and Business Improvement Area District No. 4 for Fiscal Year 2023-24. On April 24, 2023, by Resolution Nos. 6230 and 6231 (Attachment B), the City Council accepted the Annual Report and budget, and scheduled a public hearing for May 22, 2023, in order to consider continuation of the District for another year.

The Parking and Business Improvement Area (PBIA) Assessment District No. 4, was formed in September 1986 with the adoption of City Ordinance No. 393 pursuant to the California Parking and Business Improvement Area Law of 1979, which has been updated over time and is now codified as California Streets and Highways Code Section 36500.

Parking and Business Improvement Areas are formed to enhance a specific area and increase customer/ tourist appeal. This is accomplished through parking improvements, business promotions, marketing studies, parades, and increased public services like restroom and sidewalk cleanings that would not normally be offered by the City. The City Continuation of Assessment District No. 4
May 22, 2023

Page 2 ends

Council appoints a seven-member Advisory Board to address the operations of the PBIA District. The Board, known as the Downtown 'T' Business Advisory Board or DTBAB, prepares an Annual Report and makes recommendations on assessment levels, budget, and related topics. The Annual Report includes the recommendations of the DTBAB and is a part of Exhibit 1 to the attached Resolution No. 6240.

The Assessment District collects fees from two categories:

General Assessment Fee: Applies to all businesses within the District with revenue used for promotion, maintenance, and revitalization activities within the District. The general assessment fee is proposed to be adjusted to $122.64 for Fiscal Year 2023- 24 based on the Consumer Price Index for Urban Wage Earners and Clerical Workers for Los Angeles-Riverside-Orange County, CA based on the March-toMarch evaluation of +2.84%.

Special Parking Assessment Fee: Applies only to selected businesses based on their respective parking shortfall as specified by City Zoning Code and a benefit ratio. The benefit ratio is based on a business's proximity and accessibility to the location of a specific parking improvement. The revenue is used for acquisition, construction, and maintenance of those specific sub-area parking improvements. Specifically, the City maintains three publicly owned parking lots that are improved and maintained in part by the District. The special parking assessment fees are currently not active.

In 2011, the DTBAB recommended and the City Council approved an increase in the general assessment and the addition of an annual inflationary adjustment. The general assessment fee had not been updated for some time nor had it been adjusted for inflationary factors. Each year the general assessment fee is reviewed and adjusted based on an inflationary index. The DTBAB has reviewed the general assessment fee and recommends adjusting it based on an inflationary index.

DISCUSSION
The purpose of this public hearing is to hear any protests against continuing the Parking and Business Improvement Area Assessment District No. 4 and levying assessments for Fiscal Year 2023-24. For the past few years, the DTBAB has recommended and the Council has approved suspending the application of the inflationary index adjustment on the general assessment. Since 2011, the general assessment has been adjusted four times.

The Board is recommending the general assessment fee for Fiscal Year 2023-24 to be adjusted by an inflationary index to $122.64 (an increase of +2.84%). The annual inflationary index used for this assessment is the March-to-March Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers for Los Angeles-Riverside-Orange County, California.

The table below shows the adopted general assessment (without the inflationary index) and the general assessment (with the inflationary index) and their corresponding revenues for the current, last, and proposed fiscal years. The table also shows the difference between revenue with the inflationary index and without.
\\COCSH\GDrive\CC Staff Reports\2023 0522\Final\PBIA District No. 4 Continuation\20230522_PBIA Assess Dist 4 Staff Report.docx
Continuation of Assessment District No. 4
May 22, 2023

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I Without Inflationary Index With Inflationary Index
Adopted
Fiscal General General
Year Assessment Fee Revenue CPI% Assessment Fee Revenue Difference 2014-15 $119.00 $15,589.00 0.99% $120.17 $15,742.00 $153.00 2015-16 $119.25 $14,072.00 0.21% $119.50 $14,101.00 $29.00 2016-17 $119.25 $15,503.00 1.34% $120.84 $15,709.00 $206.00 2017-18 $119.25 $15,145.00 2.42% $122.14 $15,512.00 $367.00 2018-19 $119.25 $15,145.00 3.89% $123.88 $15,733.00 $588.00 2019-20 $119.25 $14,429.00 2.68% $122.45 $14,816.00 $387.00 2020-21 $119.25 $15,145.00 2.18% $121.85 $15,597.00 $452.00 2021-22 $119.25 $15,026.00 2.67% $122.44 $15,427.00 $401.00 2022-23 $119.25 $15,264.00 8.67% $129.59 $16,587.00 $1,323.00 2023-24 $119.25 $14,549.00 2.84% $122.64 $14,962.00 $413.00 Note: The above revenue are dependent on the number of open businesses in the District which pay the General Assessment Fee, except for FY 2020-21 and FY 2021-22, where General Assessment Fees were suspended.

POLICY CONSISTENCY
The process for continuation of Assessment District No. 4 is consistent with the requirements laid out in Chapters 3 and 4 of the "Parking and Business Improvement Area Law of 1989" of the California Streets and Highways Code.

FINANCIAL CONSIDERATIONS
Total revenue from the District is projected to be approximately $15,000 for Fiscal Year 2023-24. The proposed expenses/revenues for Fiscal Year 2023-24, and beginning/ending fund balance for the Parking and Business Improvement Area Fund are shown on the following page.
\\COC5H\GDrive\CC Staff Reports\2023 0522\Final\PBIA District No. 4 Continuation\20230522_PBIA Assess Dist 4 Staff Report.docx
Continuation of Assessment District No. 4
May 22, 2023

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CITY OF CARPINTERIA
Assessment District No. 4
Parking and Business Improvement Area Fund 210
General Business Assesment Budget
FY 2023-2024
' I
Estimated Fund Balance on 7/1/23! $ 11,976.00
General Assessment i $ 122.64
Estimated General Assessment Revenue 2023-2024; $ 15,000.00 Estimated Parking Lot Assessment Revenue 2023-2024: $
Total Estimated Revenue! $ 15,000.00
Budgeted Expenditures' $ 15,300.00
Estimated General Fund Subsidy to Cover Parking Lot #3 Debt! Item Description FY 23/24
Proposed
Budget
Employee Salaries
Portion of Annual Salary Attributed to DTBAB $ -
Staff Liaison Work
SUBTOTAL $ -
Contract Services (210-161-5301)
Laundering Banners $ 600.00
PBIA Portion of Independence Day Parade $ 1,850.00
PBIA Portion of Holiday Spirit Parade $ 1,850.00
Downtown Community Sponsorships $ 7,900.00
SUBTOTAL $ 12,200.00
Printing & Advertising (210-161-5500)
Advertisements (Halloween & DTBAB Mtgs.) $ 800.00
SUBTOTAL $ 800.00
Dues & Subscriptions (210-161-5510)
BMI/ASCAP Musical Licensing $ 1,550.00
SUBTOTAL $ 1,550.00
Equipment/Office Rent & Leases (210-161-5536)
Downtown "T" Washing Stations $ -
SUBTOTAL $ -
Supplies & Materials (210-161-5560)
Banner Setup/Hardware $ 530.00
Halloween Candy $ 220.00
SUBTOTAL $ 750.00
Street Maintenance (210-431-5302)
Downtown "T" Trash Can Steam Cleaning $ -
SUBTOTAL $ -
Transfers In/ (Transfers Out)
Transfers In
(Transfers Out)
SUBTOTAL $ -
GRAND TOTAL OF EXPENSES $ 15,300.00
Projected Fund Balance (as of 6/30/24) $ 11,676.00
\\COCSH\GDrive\CC Staff Reports\2023 0522\Final\PBIA District No. 4 Continuation\20230522_PBIA Assess Dist 4 Staff Report.docx
Continuation of Assessment District No. 4
May 22, 2023

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LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Notice of this hearing was published in the Coastal View newspaper on May 11, 2023. This Public Hearing is held for merchants within the District who wish to protest or otherwise make comment on the proposed assessment increases. If written protests are received from the owners of businesses in the proposed area, which will pay 50 percent or more of the assessments proposed to be levied, then the existing fee will not continue and no further action can be taken for a period of one year. Protests are to be delivered to the City Clerk at or before the fixed time of the Public Hearing on May 22, 2023. All written protests, either submitted at the City Council hearing or received by the City prior to the hearing shall contain: The name of the establishment, the owner of the establishment as recorded with the City, the nature of the protest, and a signature and date from the business owner on file with the City.

OPTIONS

1. Following the staff report, open the public hearing and receive any testimony and/or protests concerning the continuation of Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2023-24, and close the public hearing and continue the District for Fiscal Year 2023-24, by adopting the attached Resolution No. 6240 (Staff Recommendation).

2. The City Council could choose not to continue the District; however, that would prevent the City from collecting any future revenue from the PBIA District and providing the related services, such as parking improvements/maintenance, marketing and promotion.

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

ATTACHMENTS
Attachment A:

Attachment B:

Proposed Resolution No. 6240
Adopted Resolution Nos. 6230 and 6231
Staff contact:

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

Dave Durflinger, City Manager
(805) 755-4400; [email protected]
~
Signa-t✓ure
~
\\COC5H\GDrive\CC Staff Reports\2023 0522\Final\PBIA District No. 4 Continuation\20230522_PBIA Assess Dist 4 Staff Report.docx

ATTACHMENT A
Proposed Resolution No. 6240
RESOLUTION NO. 6240

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

CONTINUING THE CARPINTERIA PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NO. 4 FOR FISCAL YEAR 2023-24 AND IMPOSING CERTAIN

ASSESSMENTS THEREIN PURSUANT TO THE CALIFORNIA PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989
WHEREAS, the Downtown "T" Business Advisory Board of the City of Carpinteria heretofore filed with this City Council a Report in writing dated April 24, 2023, presenting certain matters relating to imposing and modifying assessments for and continuing the Carpinteria Parking and Business Improvement Area District No. 4, which Report was approved by this City Council on April 24, 2023, by Resolution No. 6230; and
WHEREAS, by Resolution 6231, adopted April 24, 2023, and by subsequent action, this City Council designated Monday, May 22, 2023 at the hour of 5:30 P.M. in the City Hall, at 5775 Carpinteria Avenue, Carpinteria, California, as the time and place for the public hearing of protests and objections in relation to said assessments and notices of said hearing were duly posted and published, and affidavits of said posting and publication have been duly filed; and WHEREAS, at the time and place published in accordance with State law, a hearing was duly held by this City Council at which time no substantial protests or objections were presented, and this City Council gave all persons present an opportunity to be heard in respect of any matter relating to the work or assessment proposed in said Resolution of Intention; and WHEREAS, this City Council has taken evidence relating to whether public convenience and necessity require said work or improvement and also evidence relating to said proposed work, the boundaries of the proposed assessment district and sub-areas thereof and the benefits to the property to be included in the proposed assessment district and sub-areas thereof, and is fully informed in the premises; and
NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. That none or an insufficient number of protests or objections having been filed, and the City Council does hereby approve, confirm and adopt the Report of the Downtown 'T' Business Advisory Board, dated April 24, 2023, and the plans, estimate, diagram and assessment contained in said Report and attached in Exhibit 1.

SECTION 2. That each and all documents, resolutions and instruments herein before referred to in connection with aforesaid proceedings are on file in the office of the City Clerk of the City of Carpinteria and are open to public inspection, and the same and each and all of them are expressly made a part hereof.

SECTION 3. That the boundaries of the Parking and Business Improvement Area District No. 4 be unchanged from FY 1997-98.

SECTION 4. That the General Business Assessment, applicable to all businesses within the Improvement Area District No. 4, is to be adjusted by the Consumer Price Index for Urban Resolution No. 6240

Page 2 ends

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 for FY 2023-24.

SECTION 5. The debt for the creation of Parking Lot No. 3 has been paid off and there will be no parking assessments within Sub-Area "B" assessed per business.

SECTION 6. That based on previous official and unofficial studies including the Advisory Board's report dated April 24, 2023, relating to the City's Downtown Business Area and need for parking, general improvements and for economic growth and stability, as well as staff reports and public testimony presented in connection with the proposal to continue Carpinteria Parking and Business Improvement Area District No. 4, in the opinion of the City Council, businesses lying within the Parking and Business Improvement Area District No. 4 will be benefited by the expenditure of the funds raised by the assessment proposed to be levied. The assessment as adopted will not impair the ability of the District to meet contractual obligations to operate physical improvements.

SECTION 7. That the City Council does hereby order the continued levying of assessment as reflected in the attached Exhibit 1, for the Carpinteria Parking and Business Improvement Area District No. 4, for fiscal year 2023-24.

PASSED, APPROVED AND ADOPTED this 22nd day of May 2023, by the following called vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBERS:

Mayor, City of Carpinteria
ATTEST:

Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
Resolution No. 6240

Page 3 ends

I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the 22nd day of May 2023.

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

Jena Shoaf Aces, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
Resolution No. 6240

Page 4 ends

Exhibit 1 to Resolution No. 6240
FY 2023-24 DTBAB Annual Report & Budget
City of Carpinteria
Downtown "T" Business Advisory Board

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

BOARD RESPONSIBILITIES
In 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 Improvement Area Law of 1989 and was composed of five members (three assessment paying members and two at-large members). On June 24, 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. In 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

Page 1 of 5 ends

Current Board members:

Mary Beth Radley Assessment Paying Mbr. (Homestead Antiques & Trading Co.) Richard Mancilla Assessment Paying Member (The Worker Bee Cafe) Jason M. Lesh Assessment Paying Member (The Good Plow)
Kristina Calkins Assessment Paying Member (Carpinteria Arts Center) Lorraine McIntire (Chair) At-Large Member
Tina Frontado At-Large Member
Michelle Carlen At-Large Member
Warner Ebbink Alternate Boardmember
Vacant Alternate Boardmember
Vacant 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 Carpinteria Parking and Business Improvement Area District No. 4 are subject to a general business improvement 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 Ordinance 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 business, adjusted to reflect the benefit derived from the parking lot based 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. In FY 1996-97 an assessment fee was levied on businesses adjacent to Parking Lot #1 to reimburse the City for costs incurred for resurfacing of the parking 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 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 off in June, 1997.

DTBAB ANNUAL REPORT FY 2023-2024

Page 2 of 5 ends

• 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:

Parking Lot# 1, Parking Lot #2, and Parking 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 Improvement Assessment District No.4.

The General Business Assessment fee for all businesses located within the Parking and Business Improvement 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 3% annually. In 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 2021-22, the 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 2023-24.

The annual inflationary index for this assessment is the Consumer Price Index 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

Page 3 of 5 ends

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 Index 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 2.84%) 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 PBIA 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 1993 City Marketing Plan, at least geographically, from focus on a "Community-wide" plan to a 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 the Downtown "T", maintenance and replacement of the existing flag (banner) systems, a signage program, and many other maintenance/improvement activities.

It should be noted that the Project Carpinteria Committee, which was formed under the Marketing 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.

In October, 2007 the City Council approved the formation of a more inclusive community committee, separating it from the PBIAAB. Funding for the new "Carpinteria First" 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 2019.

The Downtown 'T' Business Advisory Board continues to have the responsibility and duty to oversee the Assessment District parking and business assessment fees in compliance 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 promote 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". In adopting the budget, the DTBAB recommends DTBAB ANNUAL REPORT FY 2023-2024

Page 4 of 5 ends

that the budget be reviewed during the next fiscal year to explore ways to reduce the costs of the special events and parades while increasing the funds allocated to promotions and marketing.

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

1. Although delinquent in the payment of general business assessment fees, the delinquent merchants continue to receive the benefits funded by the business assessment fees. The Council is urged to continue to support staff in vigorously pursuing delinquent assessment fees, up to and including Small Claims proceedings, with any appeal made directly to the City Council.

2. Unpaid balances from an individual merchant continue to not be forgiven, but the balance due be carried forward and added to assessments billed to that business in the next fiscal year. Those merchants currently delinquent will be sent out a delinquent notice and letter.

PRESENTATION OF REPORT
It is recommended that the City Council accept this report and continue the existing Parking and Business Improvement Area District No. 4 for Fiscal Year 2023-2024, including the various proposals and recommendations associated therewith as presented or with modification.

SUBMITTED April 24, 2023 by:
~
BrlanC.Barr
c!;
ett, Ci
~
tycierkandStaff Liaison
to the Downtown "T" Business Advisory Board
DTBAB ANNUAL REPORT FY 2023-2024

Page 5 of 5 ends

CITY OF CARPINTERIA
Assessment District No. 4
Parking and Business Improvement Area Fund 210
General Business Assesment Budget
FY 2023-2024
Estimated Fund Balance on 7 /1/23
General Assessment
Estimated General Assessment Revenue 2023-2024
Estimated Parking Lot Assessment Revenue 2023-2024
Total Estimated Revenue
Budgeted Expenditures
Estimated General Fund Subsidy to Cover Parking Lot #3 Debt $ 11,976.00
$ 122.64
$ 15,000.00
$
$ 15,000.00
$ 15,300.00
Item Description FY23/24
Proposed
Budget
Employee Salaries
Portion of Annual Salary Attributed to DTBAB $ .

Staff liaison Work
SUBTOTAL $ .

Contract5er.vlces (210-161-5301)
Laundering Banners $ 600.00
PBIA Portion of Independence Day Parade $ 1,850.00
PBIA Portion of Holiday Spirit Parade $ 1,850.00
Downtown Communitv Sponsorships $ 7,900.00
SUB TOTAL s 12,200.00
Prlntlna: & Advertising (210-161-5500)
Advertisements (Halloween & DTBAB Mtgs.] $ 800.00
SUB TOTAL s 800.00
Dues & Sul)scrlptlons (210-161-55101
BMI/ASCAP Musical Licensing $ 1,550.00
SUB TOTAL $ 1,550.00
Eaulpment/Offlce Rent & Leases (210-161-5536)
Downtown "T" Washing Stations s .

SUB TOTAL $
Supplies & Materials (210-161·5560)
Banner Setup/Hardware s 530.00
Halloween Candy $ 220.00
SUB TOTAL s 750.00
Street Maintenance {210-431-5302}
Downtown "T" Trash Can Steam Cleaning $
SUB TOTAL $ -
Transfers In/ (Transfers Out)
Transfers In
(Transfers Out)
SUB TOTAL $
GRAND TOTAL OF EXPENSES $ 15,300.00
Projected Fund Balance (as of 6/30/24) $ 11,676.00

THIS PAGE INTENTIONALLY LEFT BLANK

ATTACHMENT B
Adopted Resolution Nos. 6230 and 6231
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 2023-24)
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 Improvement 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 Improvement Area Law of 1989"; and WHEREAS, said Downtown "T" 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 Improvement 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 IT 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 Improvement 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

Page 2 ends

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:

COUNCIL MEMBER: Lee, Nomura, Solorzano, Alarcon, Clark
COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAIN: COUNCILMEMBER: None
Mayor, City of Carpinteria
ATTEST:
~
Brian C. Barre
~
tt, C
~

MG, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the 24th day of April, 2023.
~1$.~-
BrianC.Barrett,C-tvlC,CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
~/ ~"';;:._
Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
RESOLUTION NO. 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, 2024;

AND APPOINTING A TIME AND PLACE FOR

HEARING PROTESTS IN RELATION THERETO --
CARPINTERIA PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NO. 4 (FY 2023-24)

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 Improvement Area District No. 4 and to levy and collect assessments pursuant to the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code 36500 et seq.) and to order the acquisition, construction and maintenance of parking 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 Improvement Area District No. 4, 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 Improvement Area District No. 4:

1. The boundaries of the Parking and Business Improvement Area District No. 4 are proposed to be unchanged from FY 1997-98.

2. The General Business Assessment, applicable to all businesses within the Improvement Area District No. 4, is proposed to be adjusted by the Consumer Price Index 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.

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

Resolution No. 6231

Page 2 ends

4. Proceeds from the General Business Assessment will be used to promote and advertise business activities within the Improvement 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 Improvement 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 Improvement 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 Intention shall be done under the provisions of the "Parking and Business Improvement 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

Page 3 ends

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:

COUNCIL MEMBER: Lee, Nomura, Solorzano, A 1 arcon, Cl ark COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAIN: COUNCILMEMBER: None
M C
.~ f C . t . ayor, 1ty o arpm ena
ATTEST:
~
BrianC.Barre
&;::
tt,
1C
~

MC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the 24th day of April, 2023.
~
BrianC.Barre
~
tt, -C
~

MC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:

L::---c?-=~
Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
City of Carpinteria
Cour.rcrr- Aceruoa Srerr Reponr
May 22,2023

ITEM FOR COUNCIL CONSIDERATION
Continuation of the Winter Protection Berm Assessment District No. 5 and Levying the Annual Assessment for Fiscal Year 2023-24 and Related Protest Hearing.

STAFF RECOMMENDATION
Following the Staff Report, open the public hearing, receive any testimony and/or protests concerning the continuation of Assessment District No.5 for Fiscal Year 2023-24, and close the public hearing.

Adopt Resolution No. 6241, concerning the continuation of Assessment District No, 5 for Fiscal Year 2023-24.

Sample Motion: I move to adopt Resolution No. 6241, as read by title only, continuing Assessment District No. 5 and levying the annual assessment for Fiscal Year 2023-24.

BACKG ROU N D/DISC USS ION
The Winter Protection Berm Assessment District No. 5 was formed in 1992 under the provisions of the Municipal lmprovement Act of 1913 that is embodied in the California Streets and Highways Code. Additionally, in order to comply with Proposition 218, a vote of land owners within the District was held on January 13, 1997 . The recurring annual assessment was approved by 70o/o of eligible voters. ln order to continue the existing annual assessment, the City follows the provisions of the Streets and Highways Code 522620 that applies to all annual assessments levied after the formation of an assessment district.

On March 27 , 2023, by Resolution No. 6217 ,
the City Council ordered a report on the status
and projections for the Winter Protection Berm Assessment District No. 5 for Fiscal Year 2023-24. On April 24,2023, the City Council adopted Resolution No. 6232, accepting the District report and setting the matter for a public hearing on May 22,2023. The purpose of the public hearing is to hear protests to the proposed assessment and to adopt a resolution to levy the assessment.
1 2
continuation of winter Protection Berm Assessment District No. 5 May 22,2023

Page 2 ends

POLICY CONSISTENCY
The City's winter protection berm is an important public safety project that protects public and private property improvements along the City Beach in the City of Carpinteria. The intended purpose of the berm is to provide a measure of protection to the housing front and public improvements on the Carpinteria City Beach. Protection is needed during the winter in the event of a severe winter storm. Historically, powerful waves generated Uy targe Pacific Ocean storms have been known to overrun and flood local beaches and coaltal structures. The winter protection berm is intended to help reduce the frequency of damage to these improvements that othenrvise 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 potentiat risks and reduce fhe /oss of life, propefty and the economic and social dislocations resulting from flooding.

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 sotutions 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 IJS Army Corps of Engineers, the City may construct a sand berm on the City Beach parallelto the homes fronting on the beach.

FINANC IAL CONSIDE TIONS
The City utilizes the revenue from Assessment District No. 5 to pay for the construction and removal of the Winter Protection Berm. 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 funding for annual Beach Berm construction.

District funding
City Contribution
TotalAnnual Cost
$20,228.34
$15,271.66
$5500.00

LEGAL AND K 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. A notice of this hearing was published May 11,2023 in the Coastal View \cocs H\G Drive\cc staff ReportsvO23 O522\Drafts\Assessment D istrict No. 5 ContinuationU0230522-Beach Berm Assessment Continuation Staff Report.docx Continuation of Winter Protection Berm Assessment District No. 5 May 22,2023

Page 3 ends

Newspaper, posted at City Hall and mailed to the required mailing list of agencies and interested persons. Staff has received no written protests of the assessment.

OPTIONS

1. Following the Staff Report, open the public hearing and receive any testimony and/or protests concerning the continuation of Assessment District No. 5 for Fiscal Year 2023-24 and close the public hearing and continue the District for Fiscal Year 2023- 24, by adopting the attached Resolution No. 6241 .

2. The City Council could choose not to continue the District; however, that would prevent the City from collecting any revenue to build the Beach Berm in future years.

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

ATTACHMENTS
Attachment A:

Attachment B:

Proposed Resolution No. 6241
Adopted Resolution No. 6232
Staff contact:

John L. llasin, Public Works Director
(805) 880-3402; iohni@carp interiaca.oov
Reviewed by:

Dave Durflinger, City Manager
(805) 7 55-4400; [email protected]
\COCSH\G Drive\CC Staff Reports\2023 O522\Drafts\Assessme nt D istrict N o. 5 Continuationl202SOS22_Beach Berm Assessment Continuation Staff Report.docx ture
&!^o"V*4*\o

ATTACHMENT A
Proposed Resolution No. G241
RESOLUTION NO. 6241

A RESOLUTION OF THE CARPINTERIA CITY COUNCIL

LEVYING THE ANNUAL ASSESSMENT FOR
ASSESSMENT DISTRICT NO. 5
(Pursuant to the Municipal lmprovement Act of 1913)
WHEREAS, the City Council has taken a series of preliminary actions prior to assessing the parcels of real property within the boundaries of Assessment District No 5; and
WHEREAS, the City Council adopted Resolution No. 6217, initiating proceedings for the improvement described therein under the Municipal lmprovement Act of 1913, and directed the Engineer of Work for the Assessment District to prepare the Report required by Section 10203 and following of the Streets and Highways Code; and WHEREAS, the Report describes the District improvements generally as follows:
the annual installation and removal of the Carpinteria Beach Winter Protection Berm that is located along the entire length of the Carpinteria City Beach between Linden Avenue and the western boundary of the City of Carpinteria; and WHEREAS, the Engineer of Work filed the Report on April 24,2023 as directed, and the City Council adopted Resolution No. 6232 to levy and collect assessments within the Assessment District for fiscal year 2023-24 and set a public hearing to be held on May 22, 2023 at Carpinteria City Hall, 5775 Carpinteria Avenue, Carpinteria, CA 93013. Notice of the hearing was given in the time and manner required by law.

WHEREAS, at the public hearing, the City Council afforded to every interested person an opportunity to make a protest to the annual report either in writing or orally, and the City Council has considered each protest received.

NOW, THEREFORE, BE lT RESOLVED as follows:

SECTION 1. The City Clerk has determined that a majority protest does not exist
SECTION 2. The City Council hereby confirms the Engineer's Report attached as Exhibit 1, orders the improvement as described and hereby levies the assessment set forth therein for fiscal year 2023-24.

SECTION 3. 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 of the City of Carpinteria and shall make a minute of the passage and adoption thereof in the records of the proceedings of the Carpinteria City Council in the minutes of the meeting at which this resolution is passed and adopted.

Resolution No. 6241
Page2
PASSED' APPROVED AND ADOPTED this 22nd day of May,2023 by the fottowing called vote:

AYES coUNctLMEMBER(S)
coUNcILMEMBER(S)
coUNctLMEMBER(S)
coUNctLMEMBER(S)
NOES
Attest:

Mayor, City of Carpinteria
ABSENT

ABSTAIN
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
l_hereby certify that_the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on May 22,2023.

Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
Approved as to form:

Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLp
Acting as City Attorney of the City of Carpinteria
Resolution No. 6241

Page 3 ends

Exhibit 1 to Resolution No. 6241
Assessment District No. 5
Engineer's Report tor 2023-24
Resolution No. 6241

Page 4 ends

THIS PAGE INTENTIONALLY LEFT BLANK
City of Carpinteria Assessment District #5
The Carpinteria Beach Winter Protection Berm
District's Engineer's Report
Fiscal Year 2023 - 24
This report contains the following parts:

A. Plans and specifications of the winter berm project.

An estimate of the costs of the project.

An assessment role.

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

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

An assessment diagram.

A statement which confirms the collection of assessments for the prolect 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 totaltrue 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.

B.
c.

E
F
G
H
PART A
Project Plans and Specifications

ASH AVENTJE
KX.LYAvE}It.E
.-g
ELM AVEI.IUE

LINDEN AVENUE
Winter Protection Berm Project Site
Carpinteria, California 930r 3
CTTY OF CARPINTERIA WINTER PROTECTION BERM (fiPICAL SECNON) 1z'.
elev. I 6'+/- above sea level
40'
Typical Section
(no scale) d
Sand Material shall be bulldozed up primadly from seaward side, preferably fiom above mean tide height Notes:

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

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

PART B
Estimate of Project Cost
The following estimate of project cost for the carpinteria city Beach winter protection Berm is prepared in order to determine the anticib;t"d;*t 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 instaltation in the fall, what level of maintenance will be necessary to keep the berm intact Juring the winter and how much machine time wifi be needed to remove the berm in ihe;;;n-gtime, othei components of the cost estimate are more reliable. These "orpon"nir- inituoe the cost of biological reporting and project administration.

The installatiol 9rJf9 winter protection berm is accomplished by a negotiated contract pursuant to -22A32@) of the Califomia puOlic Contract Code. This code states that public projects of forty-five thousand dotlars t$ou,od;r bss may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.

Engineer,s Report
Estimate of project Cost
Carpinteria City Beach Winter protection Berm
Fiscat year 2O23_2024
The cost to construct the berm in 2023-2024 Fiscar year is estimated to be $12,000. This amount is based upon the foilowing breakdown:

Machine time $12,000.00
The quantity of maintenance needed throughout the winter storm season is based upon the severity of weather encountered duringlhe time tne oerm 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 t]o aniicipate some r"ueioi maintenance. Again based upon empirical data, a contiioriion 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 atso varies for several reasons. should the winter be exceptionalty mild, ani tni berm remains one hundred percent intact, a greater amount of time will be requlred to remove it. After some winter seasons, a significant portion of the berm is eroded away, reducing O"rr'iJro;;l';rl;. "iemovat costs can thereby vary significanily from yeai 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 stafi 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 34l1OO dollars (920,228.34).

The City of Carpinteria may not raise that assessment without an affirmative vote of the affected property owners. As such, in2A23-24 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 Ass€ssment Roll
Totd l3i.33ment
500.s2
494.2t
S 15.271.65
s 547.90
23s.30
s 235.87
23s.87
s 235.87s 235.875 235.87s 235.87s 235.87
235.87
s 235.87
s 235.47
235.E7
5 235.87
235.87235.872U.52
s 193.80
193.80
s 193.80
193.80
s 193.805 193.80s 193.80s 193.80
193.80
s 193.80
193.80
s 193.80
s 193.80s 193.80s 193.80
s 193.80
193.80
s 193.80
s 193.80s 193.80
193.E0193.80
s 193.80
s 193.80
tlallinq Ctty. State. ZPoAKLAND CA 94605 4514CARPINTERIA CA 93013 3192CARPINTERIA CA 93013EAKERSFIELD CA 93009GRAMDA HILLS CA 91344 GLENDALE CA 91202 2539
ARROYO GRANDE CA 93420 4939
HUNTINGTON BEACH CA 92649 1219
CAIIIARILLO CA 93012SANTA BARBARA CA 93103 2E17SANTA BARBARA CA 93108 2689PASADENA CA 91 105VENTUM CA 93003CARPINTER!q CA 93013CARPINTERIiA CA 93013 3075CAMARILLO CA 9301 OCAMARILLO CA 9301 O BAKERSFIELD CA 93308BAKERSFIELD CA 93308EAKERSFIELD CA 93301 cARPtNTERn CA 93013 2313SIMIVALLEY CA 93063
SAMTA MRBARA CA 93105
CARPINTERIA CA 93013
WESTTAKE VILLAGE CA 91362 5457NORTHRIDGE CA 91324 41 33CARPINTERIA CA 93013 2313CARPINTERN CA 93013BAKERSFIELD CA 93313SIMI VALLEY CA 93065CAMARILLO CA 93012MONARCH BEACH CA 92629srMr VALLEY CA 9s094 0148SIMI VALLEY CA 93083 5028SIMIVALLEY CA 93063WRANGELL AK 99929AGOURA HILLS CA 91301CARPINTERIA CA 930ft 1522WESTLAKE VILTAGE CA 91362 NEWIIALL CA 91321
IARZAM CA 91356IONG BEACH CA 90803WEST4KE VILUGE CA 91362 K CA S1504
Xalllno Addr€ss4O4O FAIRWAYAVE3150 FOOTHILL RD5775 CARPINTERIA AVE1113 TAM O SHANTER DR18021 MAYERLINGST1 1 55 N CENTRAL AVE 2091583 BEE CANYON RD15421 CHEMICAL LN40023 VILLAGE 4O172 LA VISTA GMNDE492 MONARCH LN210 S ORANGE GROVE BLVD467s RtcE cT4709 SANDYLAND RD 34444 FOOTHILL RD352 CALLE CONVERSE352 CALLE CONVERSE3101 STATE RD3101 STATE RD2729 2,IST ST4975 SANDY4ND RD2OO4 N TRACY AVE3324 STATE ST F4975 SANDYLAND RD 104966 BLUE MOUNTAIN CIRE4OO MELVIN AVE4975 SANDYI.AND RD 107835 HOLLYAVE4403 BEAR MOUNTAIN BLVD980 ENCHANTED WAY 10532126 VILLAGE 3232451 MEDITERMNEAN DR PO BOX 940148
2766 BEL CIR
3153 SCOTTYSTERRACEPO BOX 153029480 BERTRAND DR1525 JAY ST1186 DEEP WOOD DR23222 8TH ST NDA DR

QUINCYAVE
17E4 coLLlNGswooD cT

VIEWCREST
OrnerSEAHORSE TRUST O1/1 5IO3
ROBERTS FAMILY TRUST 8 (RESIDUAL TRUST) 4N9N6
CITY OF CARPINTERTAMING. THARRELL & DINAH FAMILY LIMITED PARTNERSHIPCARNEVALE LOUIE & JACQUELINE FAM TR 6.83REESER BRITTANY LEE BARNESEHRGOTT IAUREN MULFORDCAMPBELL SANDYTAND LLCMILLER JAMES H/CAROL REV EST TR 5-14-80IVIUNEIO THOMASAJOHN M LIVING TRUST 10/13/06AMSS LLCGIACOPUZZI RUTHROUGHAN, FRANCIS TVAN WNGERDEN R & J FAMILY TRUST 1 1/28/95RESNIK RODNEY A/ANN B TRUSTEES (for) RESNIK LIV 1988 TRRESNIK 1988 LIV TRJAMIESON. LEEJAMIESON. KRYSTYMDENNIS MAUL SALES, INCSANDYTAND TIC MAMGEMENT INCALLEMAN FAMILY TRUST 1OI3OI17SCHENKER. ERIC MCHESLER. IUARK/FLORCOLETTA FAMILY RESIDUAL TRUST 4/21100BOECKI\,ANN FAMILY TRUST 9I1 9/OO4975 SANDYLAND ROAD LLC ROGERS, LUCIECHEVERRLq, JAVIERSCHIFRIN FAMILY TRUST 1i25l02 OTIS HARVEY C :TRUST 4/1/09BTACKBURN, DAVIDPALACIOS RON/KELLY FAMILY TRUST 1/221 8 HAIM MIKO/BARBARA SUSAN REVOCABLE TRUST 8/16/99
MNCYA
FORTNERYGUYOR FAMILY SURVIVOR'S TRUST 129102FRIEDMAN, MAURY/LISA FAMILY 2022 TRUsT 5/18ri22
GERTACH FAMILY LIVING TRUST 3/27197
RINER, JAMES/PATRICIA TRUST 9/1 4/92KOZMAN FAMILY TRUST 5/27109

MARYJANE
GEMLO OWEN JR TRUSTEE RYCKMAN TRUST 1 ON O/90
KOZIVIAN, MIKE/CELINE TRUSTEES (fo0 KOZMAN FAM TR 6/26/95 APtl0c3-470-008
003-470-010003-47G0130G1490-001003490-025003760-001003-750-002003-750-003003-760-004003-760-005003-760406003-760{n8003-770{o1@3-770-W2003-77G003003-770-004003-Eoo-001m3-8{n-002003-800403003-830-001003-830-002003-830-003 00'830-004003-830-005003-830-005
c03-83&m7003-830-008009830-009003-830-010003-830-011003-830-012003-830-013003-830{14003-830-o15003-E30416003-830-017003-83G018003-830-019 003-830-020
DO3-830421m3-830-022m3-830-023003-830-024
FY 2023-24 Assessment District No. 5 Assessment Roll
193.80
193.80193.80
193.80193.80
251.03
369.40
251.03
193.80
193.80
235.24
193.80
235.24
219.45
2t9.45
193.80
s
219.45
219.45
248.37
251.03
s
251.03
251.03
235.30
235.24
235.24
235.24
s 23s.24
s 2t9.45
219.452L9.45
235.37
alP
cA 91344cA 94596
LOS ANGELES CA 90064 3223
cA 93428
cA 91501
NEWBURY PARK CA 91320
oAKS CA 91360 3601
CA
cA 92629
MARTNO CA 91108
CA
LOS cA 90024
cA 91301
cA 93657
cA 91
CARPINTERIA 930'13 2356BAKERSFIELD CA 93306 1721
cA 95073
BARBARA CA 93108
cA 93013
HIDDEN 91302
cA 93066
cA 93010 9279
pARK CA 91377 3812
ANGELES CA 90025
soMls cA 93066 9760BAKERSFIELD CA 9331 1
VILLAGE 91362
cA 9331 I 2946cA 93301
PACIFIC PAL|$qDES CA go27 2
SANTA BARBARA CA 93.140
IL
93312
cA 93066
cA 93010cA 93010 1759
cA 93308
c.A 93464
cA 930t0cA 93012
cA 93390 1235
SANTA BARBARA CA 931 1 O
EARBARA 10
1200E WOOD RD
NORLYN
0726 ESTHER AVE
BLVD

E PALM AVEPREAKNESS PL

OOMBEYCIR
O1 CORONADO DR

MEDITERRANEAN OR

SHERWOOD RD
1349 CHERRY DR
OEEO WLSHIRE BLVD lOOO
RD

WOOD DUCK DR
't390 CT

SANDYLAND RD D

CHRISTMAS TREE LN
PORTER ST 103
98 OLIVE LN

SANDYUND RD
5301 SCOTT ERTSON RD
BOX228
935 CT
534 ASPEN VIEW CT
SANTA MONICA BLVD 270
1110 E CENTER RD11611 HARRINGTON ST

SPRING LN
3000 DR2901 22ND ST14919 TA CUMBRE DR
BOX.o85

OAK HILL DR
8633 |-AGO Dl COMO LN
PO BOX 228

EL TUACA ST
1E5 CRESTVIEW
RD4
BOX 156
1359 SWEETWA AVE

CERVATO DR
PO BOX 21235

SIERRA MADRE RDSIERRA MADRE
TRUST 11/30/87

UWJACQUELINE
REVOCABLE TRUST 7t2Ah7
TRUST.l0t2l17
JANET L TR 8/1 3/86 JANET L TRUSTEE
TRUST 1 1 /16to6

SCHILLO LLC
4t28tU
DAVID
FAMILY TRUST 22Ol01

FAMILYTRUSTA
FAMILY TRUST.lZ3l13

SORTINO LLC
RE1/OCABLE LIVING TRUST 7t20t07 PATRICK UMERRY G 2007
P LP

SANDYLAND LLC
MIKE & BECKY FAMILY TRUST 419t1 9

HERMANB&PTRUST
& CHRISTI NA E REVOCASLE LMNG TRUST 6/23l1998 JOHN D
JACK L
FAMILY TRUST 10/30/02
BAMA & BAMPA EXEMPTION TRUST 9nto'
JAMES A TRUST NO II 9/24F9
TRUST 1223120
A TRUSTEES PAICH FAM TR 6-19.90
FERRO FAMILY TRUST 3t2gt91
CARA JUDITH LIVING TRUST st27ta4

FAMILY TRUST
LLC
CL FAMILY TRUSI 2I26NA
LIVING TRUST 5/1217
DEMORMY RICHARD TR DEMORMY RICHARD TRUSTEE .10/292
DORTS L TRUST 2/1Sl97
& CONNIE FAMILY TRUST 7/1 O/07
& BAMPA SURVIVOR'S TRUST 9nto'
SCHREINER TRUST 2y19193
LIVIN TRUST 1/20189

BIG MONEY PROPERTIES
KATHERYN A TRUSTEE MULLINS MARITAL TR 1120196
SANDYI"AND LLC
LLC

M B SEPAMTE PROPERTYTRUST

MARINA LPMARINA LP
m3-840{13003-840-014
004-090-003
004-101-001
004-
115-002
FY 2023.-2l Arcessment DFilrict l{o.5 Assesment Roll
AFt ld'waer ll'ftrrrd.fis Jlrhscar,tulcztP lat*lrrgilirqflI+11s.fix} IMARINA SHORES. LP I4sE1 SIERRAMADRE RD lg\NrA BAtlB/{tiA CA S3110 ls 236.37 ror L s 3sF0.@
PART D
Engineer's Report
Method of Aportionment of Assessment
Carpinteria City Beach Winter protection Berm
Fiscal year Z02g-24
Englneer's RePort
Method of Apportionment of Assessment
Carpinteria Gity Beach Winter Protection Berm
Fiscal Year 2O23-24
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
ilailino Citv. Stete, ZPoAKLAND CA 94605 4514CARPINTERIA CA 93013 3192CARPINTERIA CA 93013BAKERSFIELD CA 93009GRANADA HILLS CA 91344GLENDALE CA 91202 2539ARROYO GRANDE CA 93420 4939HUNTINGTON BEACH CA 92049 1219CAMARILLO CA 93012SANTA BARBARA CA 93103 2817SANTA BARBAM CA 93108 2689 PASADENACA9ll05
VENTUM CA 93003CARPINTERIA CA 93013CARPINTERIA CA 93013 3075 CAMARILLO CA 93010CAMARILLO CA 93010
BAKERSFIELD CA 93308BAKERSFIELD CA 93308
cA 93301
CARPINTERIA CA 93013 2313SIMI VALLEY CA 93063SANTA BARBAM CA 93105CARPINTERIA CA 93013WESTLAKE VILLAGE CA 91362 54'57NORTH RTDGE CA 91324 4133CARPINTERIA CA 93013 23I3 CARPI NTERIA CA 93013
cA 93313
VALLEY CA 93065
cA 93012
MONARCH BEACH CA92629srMl VALLEY cA 93094 0148srMr VALLEY CA 93063 5028 SIMI VALLEY CA 93063
AK 99929
H|LLS CA 91301
UAI(FII\ I EKIA cA 93013 1522WESTLAKE VILLAGE CA 91362NEWHALL CA 91321 Mailino Address
4O4O FAIRWAYAVE
3150 FOOTHILL RD
5775 CARPINTERIA AVE
1113 TAM O SHANTER DR18021 MAYERLING ST1155 N CENTRAL AVE 2091583 BEE CANYON RD15421 CHEMICAL LN 40023 vtLl-AGE 40
172 LAVISTAGRANDE
492 MONARCH LN
21O S ORANGE GROVE BLVD
4675 R|CE CT
4709 SANDYI.AND RD 3
4444 FOOTHILL RD352 CALLE COiIVERSE352 CALLE CONVERSE3101 STATE RD3101 STATE RD2729 21ST ST4975 SANDYI-AND RD2OO4 N TRACY AVE3324 STATE ST F4975 SANDYLAND RD 104 966 BLUE MOUNTAIN CIR84OO MELVIN AVE4975 SANDYLAND RD 107

HOLLYAVE
4403 BEAR MOUNTAIN BLVD980 ENCHANTEDWAY 10532126 VILLAGE 3232451 MEDITERMNEAN DR PO 80X 940148

BEL CIR
53 SCOTTYS TERRACE
BOX 1530

BERTRAND DR
1525 JAY ST
1186 DEEP WOOD DR
8TH ST
OrvnerSEAHORSE TRUST 01 /1 5/03
ROBERTS FAMILY TRUST B (RESIDUAL TRUST) 4/19/76
CITY OF CARPINTERIAMING, THARRELL & DIMH FAMILY LIMITED PARTNERSHIPCARNEVALE LOUIE & JACQUELINE FAM TR 6-83 REESER BRITTANY LEE BARNESEHRGOTT 1AUREN MULFORDCAMPBELL SANDYI-AND LLCMILLER JAMES H/CAROL REr/ EST TR 5.1+80MUNEIO THOMAS A
JOHN M LIVING TRUST 1O/13/06
LLC
GIACOPUZZI RUTHROUGHAN, FRAI{CIS T
WINGERDEN R & J FAMILY TRUST 1 1/28/95
RESNIK RODNEY A/ANN B TRUSTEES (for) RESNIK LIV 1988 TR 1988 LIVTR

JAMIESON, LEE

KRYSTYNA
DENNIS MAUL SALES. INC

SANDYLAND TIC MANAGEMENT INC
FAMILY TRUST 1Ol30/17

SCHENKER, ERIC MCHESLER, MARI(FLOR
A FAI/IILY RESIDUAL TRUST 4/21lOO
FAMILY TRUST 9/19/OO

SANDYLAND ROAD LLC
LUCI

ECHEVERRIA, JAVIER
HIFRIN FAMILY TRUST 1/25/02
OTIS HARVEY C TRUST 4/1/09

BLACKBURN DAVID
RON/KELLY FAMILY TRUST 1/22118
HAIM MIKO/BARBAM SUSAN REVOCABLE TRUST 8/16/99
,
NANCY
A
FORTNER/GUYOR FAMILY SURVIVOR' S TRUST 12t9t02
FRIEDMAN. MAURY/LISA
STENGEL FAMILY 2022 REVOCABLE TRUSTGERLACH FAMILY LIVING TRUST 3127197 RINER, JAMES/PATRICIA TRUST 9/14192
511 8122
APN
003-470{08003470{10003-470{13003-490401003-490425003-760{01003-760-002003-750-003 003-760-004
003-760{0s003-760{06
003-760{07
003-760-008003-770-001003-770402003-770{03003-770404003-800-001003€00{02003-800{03003€30-001 003{30-002003-830{03
003-830{04003{30-00s003-830-006003-830{07003-830-008003-830-009003-830-010 003-830{11003-830412
003-830413003-830{15
003-830-018
003-830{19003-830{20
FY 2023-24 Assessment District No. 5 Assessment Roll
AP
ARZANA CA 91356
BEACH CA 90803
VILLAGE CA 91362
BURBANK CA 91504
HILLS CA 913it4
CREEK CA 94596
ANGELES CA 90064 3223
CAMBRIA CA 93428
cA 91501
PARK CA 91320
THOUSAND OAKS CA 91 360 3601
FULLERTON CA 92835
BEACH CA 92629
MARTNO CA 91108
cA 91384
LOS ANGELES CA 90024
cA 91301
cA 93657
cA 91362
CARPINTERIA CA 93013 2356BAKERSFIELD CA 93306 1 721
cA950732437
SANTA BARBARA CA 931 08
cA 93013
HILLS CA 91302
cA 93066
CAMARILLO CA 93010 9279oAK PARK CA 9,t377 3812
ANGELES CA 90025
cA 93066 9760
cA 9331 1
VILI.A,GE CA 91362
BAKERSFIELD CA 9331 1 2946
cA 93301
PALISADES CA9O272
BARBAM CA 93140
BELLEVILLE lL62223BAKERSFIELD CA 93312
cA 93065
cA 93010
Addrees
4259 CLARINDA DR

QUINCYAVE
1784 COLLTNGSWOOD Cr

VIEWCREST DR
12(D8 WOOD MNCH RD
30 NORLYN DR,10726 ESTHER AVE

WINDSOR BLVD

E PALM AVE
798 PREAKNESS PL

DOMBEY CIR
01 CORONADO DR
1 MEDITERRANEAN DR

SHERWOOD RD
349 CHERRY DR
10880 W|LSHIRE BLVD 1000

WAGON RD
139 WOOD DUCK DR
1390 OAKRIDGE CT

SANDYLAND RD D
CHRISTMAS TREE LNPORTER ST 103

OLIVE MILL LN

SANDYI-AND RDSCOTT ROBERTSON RD
PO BOX 2281935 CAIAMAR CT

ASPEN VIEW CT
10351 SANTA MONICA BLVD 270
1 1 10 E CENTER RD11611 HARRINGTON ST

SPRING FOREST LN

CORMIER DR
2901 22ND ST
14919 LA CUMBRE DR
BOX 4085
,I2OAK HILL DR

IAGO DI COMO LN
PO BOX 228
347 EL TUACA ST
FAMILY TRUST 5/27109

MARYJANE
RYCKMAN TRUST 1 0ll 0t90 RYCKMAN. GERALD OWEN JR TRUSTEE KOZMAN FAM TR 6126/95 MIKE/CELINE TRUSTEES

ROBERT L/W JACOUELINE
REVOCABLE TRUST 7nu17
PRESS TRUST 10/217
JANET L TR 8/13/86 JANET L TRUSTEE
TRUST 11/30/87
TRUST 11/16/06

SCHILLO LLC
NTER LIVI NG TRUST 4t2U04
DAVID
FAMILY TRUST 2/20/01

FREY FAMILY TRUST
A
FAMILY TRUST 12t3t13 ROSSIMCDONOUGH

SORTINO LLC
G 2007 REVOCABLE LIVING TRUST 7t20to7 PATRICK UM ERRY

PANT LP

SANDYLAND LLC
MIKE
& EECKY FAMI L TRUST 4tgt1 9

B & P TRUST
E REVOCABLE LIVING TRUST 6t23t1998 LUND, JOHN D & CHRISTINA

R, JACK L
FAMILY TRUST 0t30t02 .I
& BAMPA EXEMPTION TRUST 917t05
JAMES
A TRUST NO il 9n4n9 FITZGERALD
PROPERTIES TRUST 1 2/23120
TRUSTEES PAICH FAI\' TR 6-19-90 CH DAVID/LORRAINE
A
FAMILY TRUST 3/28/91
CARAT AN, JUDITH LIVING TRUST 9t27tUHOBIN FAMILY TRUST
LLC
CL FAMILY TRUST 2126118
LIVING TRUST 5/.1217
RICHARD TRUSTEE DEMORNAY RICHARD TR 1OI2I92 DEMORNAY
ECKER, DORIS L TRUST 2/1 8'97
MYRON & CONNIE FAMILY TRUST 7/10/07
& BAMPA SURVIVOR'S TRUST 9nr05
TRUST 2/19/93
npx
003-830-023
003€30-024
003-830028
003-830-032
003-840-015
003-840-016
003-8s0-014
-001
004-091-004
004-101-001
101{02
101-O04
FY 2023-24 Assessment District No.5 Assessment Roll
tlhiling Address lmaiting City, State, ZP
185 CRESWIEWAVE lcnuerullo cA 93010 1zsg
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0@-101{07004-101{08004-109{01004-109-o02004-115{01004-115{02004-115-003 PART F
A diagram showing each parcet
included in Assessment District No. 5
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PART F
showing each parcel included in Assessment Dlstrict No.5 I
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ASH AVEIIUE
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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
Unpaid Assesgment 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 t2961 of California's Streets and Highways Code known as the Majority Protest Act of 1931 is $0.00 The totaltrue 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 12961 of California's Streets and Highways Code known as the Majority Protest Act of 1931.

ATTACHMENT B
Adopted Resolution No. 6232

THIS PAGE INTENTIONALLY LEFT BLANK
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 MUNICIPAL TMPROVEMENT ACT OF {913)

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 western 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 held in the City Council Chambers located at 577 5 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

Page 2 ends

SECTION 7. The City Clerk is authorized and has been directed to give the notice of this hearing as required by Government code section s4gb4.6.

PAssED, APPROVED AND ADoprED on April 24,202s, by the foilowing vote:

AYES: COUNCILMEMBER(S): Lee, Nomurd, Solorzano, Alarcon, Clark NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER(S): None
COUNCILMEMBER(S): None
COUNCILMEMBER(S): None
ATTEST:

Brian C. Barrett, c, cPMc
City Clerk, City of Carpinteria

APPROVED AS TO FORM
6-
Jena Shoaf Acos, on behalf of Brownstein
laMayor, City rpinteria
Brian C. Barrett, C, CPMC
City Clerk, City of Carpinteria
l-fergby certifiT that_the foregoing resolution was adopted at a regular meeting of the city council of the city of carpinteria held on April24,2023.

6. Hyatt Farber Schreck, LLp acting as
City Attorney of the City of Carpinteria
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
May 22, 2023

ITEM FOR COUNCIL CONSIDERATION
Authorization for the City Manager to execute an Agreement with CivicWell to provide staff augmentation services through the CivicSpark Program.

STAFF RECOMMENDATION
Authorization for the City Manager to execute an Agreement with CivicWell to provide staff augmentation services through the CivicSpark Program in an amount not-to-exceed $31,000.

Sample Motion: I move to authorize the City Manager to execute an Agreement with CivicWell to provide staff augmentation services through the CivicSpark Program in an amount not-to-exceed $31,000. (The motion requires a roll call vote.)

BACKGROUND
CivicSpark is an AmeriCorp program focused on climate adaptation and mitigation projects, and is administered by CivicWell (formerly Local Government Commission). The CivicSpark Program provides staff augmentation services to local agencies for specific projects related to climate change. Each year, the CivicSpark Program recruits candidates for a "Fellowship." The Fellowship provides for placement of a "Fellow" in an employment experience/career-building opportunity with a local agency. Agencies interested in hosting a Fellow apply for a specific project with CivicWell, and, if accepted, begin the recruitment process. Fellows assist with the planning and/or implementation of projects that are specific to water resources and management, climate adaptation and mitigation, affordable housing, and/or mobility.

Fellows often move on to have careers in local government, with many being hired full-time by agencies after their Fellowship ends. Locally, the County of Santa Barbara, County of Ventura, and City of Goleta are examples of agencies that have hosted CivicSpark Fellows for many years to assist with program development and implementation.

Agreement with CivicWell
May 22, 2023

Page 2 ends

The purpose of this agenda matter is for the City Council to authorize the City Manager to execute an Agreement with CivicWell to provide staff augmentation services through the CivicSpark Program.

DISCUSSION
The City previously hosted a Fellow for assistance with implementation of the Carpinteria Strategic Energy Plan from September 2019 through July 2020. At the end of the Fellowship the City was under a hiring freeze due to the Covid-19 pandemic and did not move forward with retaining a Fellow for additional projects. In spring of 2023, the City submitted a project application for assistance with elements of the Solid Waste Program implementation, as well as certain elements of the Watershed Management Program, with a focus on community outreach. The staff augmentation services provided by the Fellow would be for 1,700 labor hours over a term of eleven (11) months, the equivalent of a full time employee. The general scope of work by the Fellow for the City is as follows:

1. Business Community Outreach: The Fellow would assist with enrolling businesses in the Santa Barbara County Food Recovery Program, a mandatory element of Senate Bill 1383. Additionally, the Fellow would encourage businesses not required to enroll in the Food Recovery Program to participate, connecting more local businesses and usable food with organizations like the Santa Barbara County Food Bank. This element requires tracking and reporting requirements that require working directly with the business community. The Fellow would also work to develop outreach materials such as bilingual posters that communicate the City's waste reduction requirements, including Carpinteria Municipal Code Chapter 8.50, which prohibits the sale or distribution of polystyrene foam and certain single-use plastics in the City. In addition to these elements, the Fellow would continue and expand upon the water quality education program for businesses that was started in 2011 by City staff

2. Composting Workshops: The Fellow would develop and hold composting workshops for community members, working with the City's Community Garden to actively engage community members. This program would be similar to other programs that exist around the region, such as the County of Santa Barbara's Backyard Composting Program.

3. Multi-Family Recycling Program: The Fellow would assist with enhancing the City's Multi-Family Recycling and Organics Diversion programs by working directly with multi-family complexes.

4. Conduct and initial gap assessment, volunteer engagement, and transitional support activity.

A copy of the proposed Agreement with CivicWell including details of the proposed tasks is shown as Attachment A.

Agreement with CivicWell
May 22, 2023

Page 3 ends

Fellowships begin in September each year for new Fellows. The City would have the opportunity to extend the Fellowship an additional year, for a total of two years, if desired.

Any extension would be brough back to Council prior to approval. Agreements are signed prior to recruitment to provide time for CivicWell and the City to search for and place a Fellow by September 2023. The search is similar to a typical employment recruitment process such as conducting qualification evaluations and interviews.

POLICY CONSISTENCY
Annual Work Plan
Retaining a CivicSpark Fellow is consistent with the City's Annual Work Plan Program:

Staff Recruitment & Retention Employee Training and Development. This objective is consistent with the City's Mission and interest to recruit, retain, and develop staff to provide the highest possible quality of service to its residents.

General Plan/Coastal Land Use Plan
The recommendation is consistent with the following goals, objectives and/or policies of the General Plan and Local Coastal Plan:

Public Facilities and Services Element
Objective PF-2: Ensure adequate service systems for the transmission, treatment and disposal of sewage and wastewater generated within this area as well as the disposal of trash, green waste and recyclable material.

Policy PF-2d: The City shall support source reduction and recycling efforts through the use of recycled products in all City departments, whenever economically and technically feasible.

Policy PF-2e: If adequate capacity ceases to be available at the Toland Road or Simi Valley Landfill, the City shall seek other site(s) to accommodate solid waste generated in the city.

Open Space, Recreation & Conservation Element
Objective OSC-10: Conserve all water resources, and protect the quality of water.

Policy OSC-1 0a: Minimize the erosion and contamination of beaches. Minimize the sedimentation, channelization and contamination of surface water bodies.

Policy OSC-1 Ob: Continue to support water conservation measures to provide an adequate supply of water to the community. Water conservation may measure as low-flow plumbing fixtures and drought tolerant landscape plans for new development.

Agreement with CivicWell
May 22, 2023

Page 4 ends

Policy OSC-1 0c: Degradation of the water quality of groundwater basins, nearby streams or wetlands, or any other waterbody shall not result from development. Pollutants such as sediments, litter, metals, nutrients, chemicals, fuels or other petroleum hydrocarbons, lubricants, raw sewage, organic matter and other harmful waste shall not be discharged into or alongside any waterbody during or after construction.

Sustainable Community Policy (Resolution No. 5500)
Finally, the recommendation is also consistent with the following policies of the Sustainable Community Policy:

Environmental Stewardship
Waste Reduction

1. Implement new and expanded waste stream reduction and recycling programs;

2. Develop and encourage food system waste minimization and reuse through food share programs and food scrap to compost programs;

3. Implement post-construction waste minimization and storm water runoff regulations;

4. Develop and implement standards to reduce waste production;

5. Support and enhance local litter and waste reduction education and outreach programs; and

6. Support and Promote Extended Producer Responsibility (EPR) regulations that encourage the manufacture of environmentally superior products, and ultimately eliminate products that create hazardous materials handling and disposal costs for local governments and the communities they serve.

Pollution Prevention

1. Implement the latest watershed management mandates via updated City watershed management and creek protection policies;

2. Increase educational outreach to schools, businesses and local community groups regarding pollution, natural resources, environmental stewardship, recycling and habitat;

3. Develop and implement standards to reduce runoff and pollution in local streams and watersheds;

4. Enhance educational outreach and information regarding local environmental concerns including clean water in creeks and at beaches, energy use, habitat and protected species, risk management and other specific environmental concerns that impact the Carpinteria Valley; and Enhance local habitat and environmental protections through collaboration with local community groups and development of regulations and policies in the City's General Plan and Municipal Code.

FINANCIAL CONSIDERATIONS
Funds for the CivicSpark program are proposed in the Fiscal Year 2023/24 Budget under AB 939 Fund [Expense Account No. 211-421-5201 (Professional Services)]. Costs would Agreement with CivicWell
May 22, 2023

Page 5 ends

be offset by funding from an SB 1383 Grant the City received in the amount of $15,000, as well as a $5,000 Beverage Container Grant for assistance with enhancing the City's MultiFamily Recycling Program. This additional $20,000 in grant funding would be used both to offset the total cost of the CivicSpark Fellow as well as to fund materials and other costs associated with implementation.

Invoicing by CivicWell would start within Fiscal Year 2023/24. There is no up-front or startup cost (e.g. down payment or deposit) in the execution of the Agreement.

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

OPTIONS

1. Authorize the City Manager to execute an Agreement with CivicWell. (Staff recommendation)

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

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

ATTACHMENTS
Attachment A: Agreement
Staff contact:

Erin Maker, Environmental Program Manager
(805) 880-3415; [email protected]
Reviewed by:

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

Michael Ramirez, Assistant City Manager
(805) 755-4450; [email protected] Signature

ATTACHMENT A
Agreement
AGREEMENT FOR SERVICES OF II\DEPENDENT CONTRACTOR
THIS AGREEMENT ("Agreement") is made and entered into as of May 24,2023 ("Effective Date") by and between City of Carpinteria, ("Partner") and CivicWell (formerly, Local Government Commission), a California nonprofit public benefit corporation.

RECITALS
A. CivicWell administers the Civicspark program as part of the federal AmeriCorps program. The CivicSpark Program provides capacity building services to local organizations through project implementation activities performed by CivicWell teams, CivicWell staff and Civicspark Fellows ("Fellows"). Fellows can only work on contracted and allowable service activities. CivicSpark will provide this service to the Partner by conducting assessments, implementing planning or action projects, engaging volunteers, and transferring knowledge to Partner's staff.

B. Partner desires to engage CivicWell to provide certain services through the Civicspark program.

CivicWell desires to provide those services and to be compensated accordingly.

C. Partner and CivicWell enter into this Agreement in order to memorialize the terms concerning CivicWell's performance of the services and Partner's obligations with respect thereto.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, Partner and CivicWell hereby covenant and agree as follows:

AGREEMENT

1. CivicWell's Ssope of Services. During the term of this Agreement, CivicWell agrees to perform the services described in Exhibit B - Scope ofServices, ("Services") attached hereto and incorporated herein. The project for which the services are provided must align with the performance measures and may not involve any of the prohibited activities set forth in Exhibit A - Contracted Performance Measures and Prohibited Activities attached hereto and incorporated herein.

2. Partner's Responsibilities. During the term of this Agreement, Partner agrees to perform the responsibilities and roles as described in Exhibit C - Partner Responsibilities, attached hereto and incorporated herein, as such responsibilities and roles relate to Partner's participation in the CivicSpark program.

3. Compensation: Reimbursable Expenses
(a) For the Services provided by CivicWell under this Agreement, Partner shall pay CivicWell the compensation set forth in Exhibit D - Compensation, attached hereto and incorporated herein. (b) CivicWell shall be entitled to reimbursement for out-of-pocket expenses incurred in the performance of this Agreement limited to those expenses listed in Exhibit E - Reimbursable Expenses, attached hereto and incorporated herein, up to the maximum amount set forth in Exhibit E.- Reimbursable Expenses. Upon receipt of CivicWell's invoice, Partner shall notifu CivicWell if it has any exceptions to CivicWell's invoice. Partner shall pay the undisputed portion of the invoice based on the invoice terms. When CivicWell and Partner are in agreement on the disputed portion of CivicWell's invoice, Partner shall submit the remaining balance of the invoice for payment. Partner shall reimburse CivicWell within thirty (30) days of receiving the invoice. {00022649.1\ Page 1 of 15

4. Term. The term of this Agreement shall commence and CivicWell's duties and responsibilities under this Agreement shall begin as of the date first written above and shall continue, as agreed to in the timeline defined in Exhibit F ("Term"). This Agreement is subject to earlier termination as provided herein, until the services are complete and all compensation and reimbursable expenses are paid to CivicWell.

5. Termination. This Agreement may be terminated prior to the end of the Term upon the bankruptcy or insolvency of either party or upon 30 days' written notice by the terminating party to the non-terminating pafty.

If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the nonbreaching party may terminate the Agreement by giving written notice to the breaching party. Termination will take effect immediately on receipt of notice by the breaching party or five days after mailing of notice, whichever occurs first. For purposes of this provision, material breach of this Agreement includes, but is not limited to, the following: (a) Partner's failure to pay CivicWell any compensation due within 30 days after written demand for payment; (b) CivicWell's failure to perform the Services as provided in this Agreement; (c) Partner offering employment to the Fellow that is substantially similar to their CivicSpark scope of work, with a start date prior to the service year-end date as described in Exhibit C(tXi); or (d) either party's material breach of any representation or agreement contained in this Agreement.

6. Excuse of Performance. CivicWell's obligation to perform the services specified in this Agreement shall be excused if the performance is prevented or substantially delayed due to circumstances not caused, in whole or in part, by CivicWell, including any such circumstances caused by Partner.

7. Independent Contractor. It is the express intention of the parties that CivicWell is an independent contractor and not an employee, agent, joint venturer, or partner of Partner. Nothing in this Agreement shall be interpreted or construed as creating or establishing a relationship of employer and employee between Partner and CivicWell or any employee or agent of CivicWell. Both parties acknowledge that CivicWell may retain the services of others to assist it but that such persons as CivicWell's employees are not Partner employees for any purpose. CivicWell further agrees that it shall be exclusively responsible for payment of compensation and benefits to any employee it retains and shall be liable for all taxes required to be reported and remitted to appropriate tax authorities.

8. Insurance. CivicWell agrees to maintain: (l) commercial general liability insurance with minimum limits of $1,000,000, written on an occurrence form basis and $3,000,000 general aggregate, protecting it from claims for personal injury (including bodily injury and death) and property damage which may arise from or in connection with the performance of CivicWell's Services hereunder or from or out of any act or omission of CivicWell, its officers, directors, agents, subcontractors or employees; (2) professional liability insurance with minimum limits of $2,000,000; (3) worker's compensation insurance as required by law;and (4) hired and non-owned auto insurance with minimum limits of $ 1,000,000 for each accident. If requested, CivicWell shall provide a certificate of said insurance and an additional insured endorsement to Partner within 10 days of the execution of this Agreement.

9. Indemnification. CivicWell shall be responsible for all damages to persons or property that occur as a result of CivicWell or its officers, agents, employees, independent contractors, and volunteers' fault or negligence in connection with CivicWell's participation in the Activity. Further, CivicWell shall indemnifo and save harmless the City of Carpinteria, its officers, agents, employees, independent contractors, and volunteers from all claims, suits, or actions ofevery name, kind, description, brought for, or on account of, injuries to or death ofany person or damage to property arising from or related to the fault or negligence of CivicWell, its officers, agents, employees, independent contractors, and volunteers in connection with the Activity.

The City of Carpinteria shall indemniff and save harmless CivicWell, its officers, agents, employees, independent contractors, and volunteers from all claims, suits, or actions of every name, kind, description, brought for, or on {00022649.1} Page 2 of l5
account of, injuries to or death of any person or damage to property arising from or related to the fault or negligence of the City of Carpinteria, its offlrcers, agents, employees, independent contractors, and volunteers in connection with the Activity..

10. Ownership of Documents. Ownership of any designs, plans, maps, reports, specifications, drawings, and other information or items produced by CivicWell while performing Services under this Agreement will be assigned to and owned jointly by CivicWell and Partner. The original of all reports, memoranda, studies, plans, specifications, drawings, materials, exhibits, maps or other similar or related documents prepared by CivicWell in the performance of the Services for Partner shall be the joint property of CivicWell and Partner. 1 l. Notices. All notices or other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been given when delivered if personally delivered, or three (3) business days after mailing if mailed by certified mail, postage prepaid, return receipt requested, and shall be addressed as follows:

To Partner: Dave Durflinger
City of Carpinteria
57 7 5 Carpinteria Avenue
Carpinteria CA 93013
80s-684-s405
805-684-5304 fax
DaveD@carpinteriaca. gov
To CivicWell: Lare Bloodworth
CivicWell
980 9th Street, Suite 1700
Sacramento, C A 9581 4-27 36
916-448-1198 x302
916-448-8246 fax
[email protected]
Either party may change its address by giving written notice thereof to the other party

12. Attorneys' Fees. The party prevailing in any action at law or in equity necessary to enforce or interpret the terms of this Agreement shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled.

13. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California or Washington, without giving effect to principles of conflicts of laws. Any suit, action or legal proceeding arising out of this Agreement shall be subrnitted to a state or federal court sitting in Sacramento County, California, which will have exclusive jurisdiction and venue over the dispute and to which jurisdiction the parties irrevocably submit.

14. Entire Agreementl Amendments. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. In particular, neither parly may vary the scope of services described in Exhibit B - Scope of Services or responsibilities in Exhibit C - Partner Responsibilities except as expressly agreed to in writing by the other {00022649.1\ Page 3 of 15
party. The budgets for direct labor and expenses are based on the Services described in Exhibit B - Scope of Services and any modification may affect direct labor costs and project expenses and must be approved in writing by Partner

15. Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement.

16. Severabilitv. If, for any reason, any provision or partial provision of this Agreement is held invalid, such invalidity shall not affect the remainder of such provision or any other provision of this Agreement not so held invalid, and each other provision, or portion thereof, shall, to the full extent consistent with law, continue in full force and effect.

17. Waiver. The waiver of any breach of any provision hereunder by any party hereto shall not be deemed to be a waiver ofany preceding or subsequent breach hereunder.

I 8. Wananty of Authority. Each of the undersigned hereby warrants that he/she has authority on behalf of his or her principal to execute this Agreement and to bind such principal to the terms hereof.

19. Counterparts. This Agreement may be executed by electronic or hard-copy signature and in counterparts, each of which shall be deemed to be one and the same instrument. The exchange of executed copies of this Agreement by facsimile, email or other electronic transmission will constitute effective execution and delivery of this Agreement for all purposes. Signatures of the parties transmitted by such methods will be treated in all respects as having the same effect as an original signature.

Dated as of the Effective Date set forth above.

PARTNER:

City of Carpinteria
Dave Durflinger, City Manager
CIVICWELL:

CIVICWELL, a California nonprofit public benefit corporation Lare Bloodworth, Chief Financial Officer
By
{00022649.1\ Page 4 of l5
Exhibit A
Contracted Performance Measures and Policies
CivicWell has contracted with AmeriCorps to implement CivicSpark as an AmeriCorps program. Fellows can only work on service outlined in performance measures approved by AmeriCorps and must abide by Federal guidelines for AmeriCorps program implementation. Performance measures define how CivicSpark will provide service to Partner by: conducting assessments; implementing planning, research or implementation projects; engaging volunteers; and transferring knowledge to Partner staff. The project scope in Exhibit B must align with the measures below:
l) Capacity Building for Local Public Organizations - Fellows' direct service hours should be spent building capacity for local service recipients to address their relative needs with regard to specific issues (e.g., climate, water, housing etc.). Fellows will address these needs by assisting one or more local service recipients to develop or implement projects that they would otherwise not be able to complete. Capacity building will be delivered in 3 stages, including: (1) gap assessments; (2) research, planning, and implementation service projects; and (3) transition of knowledge. 2) Volunteer Engagement - All Fellows should have the opportunity to build further capacity by engaging, recruiting, and supporting volunteers. Volunteers may be engaged as either one-time volunteers (e.g., - volunteers to assist for a specific event such as Earth Day or service activities) or as on-going volunteers such as interns).
3) Training and Professional Development for Fellows - Fellows can spend tpto20%o of their service year (340 of their 1700 total hours) on training. Training includes the one-week orientation at the start of the service year, mid-year gathering, continued monthly trainings, and professional development and networking opportunities. Training hours ensure that Fellows have the training and tools they need to succeed in their service work and to grow as professionals.

The majority of the work provided by CivicSpark to Partner via direct service only involves the first measure (Capacity Building). The second and third measures are predominantly met through training, service and professional development activities provided to the Fellows by CivicWell. Some activities that occur while working with local government beneficiaries or other project partners may be considered training and professional development, such as networking events and trainings conducted by or attended in partnership with Partner.

Prohibited Activities: Federal guidelines further restrict certain activities, which cannot be engaged in by CivicSpark Fellows or Supervisors while charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the CivicSpark program or AmeriCorps, this includes direct fundraising or grant writing which are not allowable activities in CivicSpark. In addition to only working on contracted performance measure service activities, the following activities are prohibited (see 4s cFR $ 2520.65):
l. Attempting to influence legislation;

2. Organizing or engaging in protests, petitions, boycotts, or strikes;

3. Assisting, promoting, or deterring union organizing;

4. Impairing existing contracts for services or collective bargaining agreements;

5. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office;

6. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials;

7. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; 100022649.1| Page 5 of 15

8. Providing a direct benefit to-
(l) A business organized for profit;
(2) A labor union;
(3) A partisan political organization;
(4) A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and (5) An organization engaged in the religious activities described above, unless AmeriCorps assistance is not used to support those religious activities;

9. Conducting a voter registration drive or using AmeriCorps funds to conduct a voter registration drive;

10. Providing abortion services or referrals for receipt ofsuch services; and

11. Such other activities as AmeriCorps may prohibit.

Fellows, like other private citizens, may participate in the above listed activities on their own time, at their own expense, and on their own initiative. However, the AmeriCorps logo must not be worn while doing so.

Reasonable Accommodations: Per Federal Guidelines and CivicWell policies, the CivicSpark programs and activities must follow equal opportunity employment requirements and be accessible to persons with disabilities by providing reasonable accommodation. In support of this:
l. CivicWell and Partner will comply with Equal Opportunity Employment guidelines.

2. CivicWell and Partner will endeavor to make reasonable accommodations to known physical or mental limitations of qualified AmeriCorps members with disabilities unless the accommodation would impose an undue hardship on the program operations.

3. CivicWell and Partner will endeavor to accommodate the sincere religious beliefs of AmeriCorps Members to the extent such accommodation does not pose an undue hardship on the Organization's operations.

4. CivicWell and Partner will not allow any form of retaliation against individuals who raise issues of equal employment opportunity or reasonable accommodation.

Non-Duplication and Non-Displacement: Federal guidelines further restrict engagement of CivicSpark Fellows to duplicate or displace staff (see 45 CFR $ 25a0.100(e)-(f) (1) Nonduplication. AmeriCorps assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of paragraph (f) of this section are met, AmeriCorps assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides.
(2) Nondisplacement.
(i) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving AmeriCorps assistance. (ii) An organization may not displace a volunteer by using a participant in a program receiving AmeriCorps assistance.
(iii) A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. (iv) A participant in a program receiving AmeriCorps assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
(v) A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that-
{00022649.1\ Page 6 of l5
l. Will supplant the hiring of employed workers; or

2. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. (vi) A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to anyi. Presently employed worker; ii. Employee who recently resigned or was discharged;
iii. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or v. Employee who is on strike or who is being locked out. {00022649.1} Page 7 of 15
Non-Harassment and Civil Riehts Policy
e Americorps
Pmgnm llon l{urrnnrnt and Ovil Rlghtr Pollcy - Merth t8. 2O2l AmeriCorps {the Corporation br National and Community Service edoped tlre operating name 'AmeriCorps" as o{ Septomber 29, 20201 has ;ero tsbrance for qnlawful harussmenc ol rny individual or grorp ol individuals engagled in nationol tewica. AmeaCorps rs cornmiiled to reating all pononc whh dignity ard rerpcct Our agency prohibits all fo'rmE ol drcriminotion and hrrsgnenr bagsd on raro. color. ndronal origin, gondar, age (40 and over), rehgion. rexull oraentatron, dgabrlrry (mrmal or physrcal L gendor rdentity or oxpresrron, polhical alfilirrion. mar*al or parontal statoe, pregn.ncy, reprisrl, genaac rnfonnrtion (including farnrly medrcal *soryl, or milrtrry service. All programs admrnistered by or rocervrng ledalrl finane irl ordcanct lrorn AmtriCorpr murt be free from all lorrnr o{ dirc.imin.ton and harasrmentHtrasrrncnt may rnclude sluru and other vsrbal or physrcal conduct r€latrng to an rnduidual'r gender. racs. etiruoty, religroc, saxi.ral orientatoa. ot any otiror legally4rotactrd ri.tus rshgn such Lxhnvror har dre purpose or e{fect ol nrrerfedng mtlr rervrce per{ormance or crefiang rn :ntirnrdating. ho:lrlE. or oflnnrve servicc erwrronmant. Exrrnpler o{ hansing conduct rnclude brrt are not ilmilad to: orpliot or implicar dimandr lor rexurl favorl; prelrure to angag€ m a ror?rantr€ relalronrhrp or ficr daer; dehbtrato touchrng ol rnotkr pcrion rrndro{rt conrent, lcaning or/er, or corn€fing a ptrron; reperted ollecrrffi tadlng,;ok*s, remrk. or quorrions: unwantsd leil€rs. em.r1 or phone calls; dirtlbution or drsplay ol ol{ensrvr matcn.l.; otlenrrvs lootr or grtrlut€.; gondrr. racra!. ethnrc, or retrgroul bo{iag; phyrical trraultg or oth€r thrortonrng bchavror; and drmranrag. deb*rng or abulrva comm€ntt or xlion* *rat rntimldat$-
AmefiCorpr door not tglarrtr hara$nront from anyone. includrng any AmelrCorpr arnploy*o or $rpcr$3or; a ptolrcr or rrr ompbyoe or iupeorro.: r non-onrplcyor (e.g.. ctcnr); a co.workrr; a narionrl lr.vrce pirtrclpant. Any ditcrirnrnatroo ot herarsnxnl. whcn idtnrrfiod, wrll rgult in rmrnsdlllt corno{w€ aclron, up lo ond rncludrng, rumoval or trrnrnaton of any rndrvrdull engrgrng in ruclt mircondrrt.

All
'rcrpromr
rrccrving AmrnCorpr tnrncral o. volunlcs. ittlrrlrnee, rncludrng rndrrnduals. orstnr:tllon1. p'rogramr, ind/or p.oroctr nrf r{rblect lo tftir:aro"lolarance policy. R*fiprcati mrst takc rmmodl'ta corraclwe aetion io rnvqdrElrlt r*d cctily any eotnplam$ of any drtcrrmrnrtro.r or hrragment. Any AmrriCorpt awlrdro parmldi?:g drtcnrainrtron or horallmlni rn vroliilaon ol lhrr pohcy wrtl br rubpcr to a findrng ol non<ornpllancr. wlrich mry rfruh rn lormrna*on of lodrffl finrncial ttlrftanct.

Horailrfioni barsd on $pon ra(r, color, national orrgin, gcnde r, agc, mhgron, rarual orrniatron, dirabhry, gondrr rdentrty ot oxprosion, polrrical aftfiotron. marnal or parcnl'l llrtu3, p,egnancy, .'priral, go'lltrc rn{ofmaliofi, oJ mrl*art lt|rct rt unrccrptrblc rn ArncriCorpt' ol{ictl or campuros. rn olh*r rerv:cs'nldrd rgningr luch rt trlnrng tttrionr or rarr lco rfi,l, rnd at rnrvrcl.rdrted looal wrntl loxpcct ruporyarsr! and mirnrgan ol AmcnCorpr progrdmr rnd proircrr. xdren madl rwrrr ol rlhg*d drtcnmrnttron or hlrllrmanl by ernplcryo*r. nrtiontl nryrco partrctp.nlt, o! a.ry dha{ rndlviduch. io rnvarbgalc and tahr prompl d(tron to ollcctivoly tddrrcr any dircrirnrnltoo or haraisnlnt. AmcnCorpr prohibrti any..lahatory eclion rg$rnll l pr6oo who rliltl any drrcrm;natron c{ ilr;rrrnont concernr.
ll you bolievo you hlvr brrn ehrcrlrnrnrtrd rglRrt rn violtlron ol lny ovil nghll bwr. rogul.tootr ot thr Fofi{ry. or hrvo born rubirct to rntlhlton firr opporng dircrimrnatron or pdrtrcipatng rn di*nrninlbon complarm p{ocmdrng: (r.9., lr a complainrnt or witn*rl rn rrry AmonCorpr progr.m or p.olect, cmtrct th* Am.riCorBr €qurl Ogportunrg Progom {EOP}. Tht EOP mry bc rorcfiod tl (2021 606.t503 or rur(?cn:; srcv.

The EOF rnaoagc: retonal leivrcc ptrtierpdot crvrl rightr ord ftarc*rmco! coorernr. You mrrrt cofit cl tho €Of wrthrn 45 calendrr dayl ol m occrrrrenee ol drrcnmrndron or harlxrng conducl. You ars not r*gurred to un r progrtrn. proFt, or tp<:ntor drrputc rotoluliofi proccdurc belsre contlclrng the [OP. l[ you choore lo pirrlue rnsth*r drrputo r'lolutroo procrdutc, rt dorl not $pend ttre 45.day lima timil requrrrmenl to co.rttct $e €OP" Dircrimrnlbon and harllrment cbrmr brought lo *ra tltatrton of the EOF outride 45 cakndar day: ol an occurcoeo may not bo rccopted fot rnvsf,tgrton rn l &crmal eom$r:m o{ dilcrrnrncho.r. -4tle
Mal Colel
Acting Chr€t €xecuhve O{licer
AmenCorps
100022649.1| Page 8 of 15
Exhibit B
Scope of Services
CivicWell will perform the following services:
1) General Program Responsibilities
a. Provide clear guidelines to Fellows regarding AmeriCorps regulations and expectations. b. Recruit and train Fellows to provide capacity building services for the region. c. Work to provide support and guidance for Fellows, addressing any concerns that might develop during the service year.
d. Hold Fellows accountable for the desired service results and work with Fellows on their professional development and behavior.
e. Manage local government beneficiary and/or other partner service contracts. f. Share outcomes from service with Partner.
g. Provide membership to CivicWell's national network for an additional fee, if desired. As a CivicWell member, you will have access to our wider organization's direct assistance and practical tools for implementing on-the-ground successes in your community. Member benefits including networking and best practices, event discounts, invitations to lunch & learns, news and action updates, resource highlights and policy action alerts. 2) Fellow Responsibilities
a. Pass a state, national, and National Sex Offender Public Website (NSOPW) background check before starting their service year.
b. Participate in a 1-week program orientation and complete at least 100 hours of training through dedicated Fellow training, development, and service days. c. Serve an average of 3 7 hours per week for 1 1 months, serving a minimum of I 700 total hours, with at least 1300 hours dedicated to Partner project activities (see below). d. Comply with guidelines for performance measures and abide by regulations on prohibited activities described in Exhibit A above.
e. Complete accurate project reporting in a timely manner as required by AmeriCorps, including:
assessments, implementation, hours served, volunteers recruited and supported, and transition of knowledge to local governments.
f. Avoid participation in prohibited activities.
g. Identiff as a Fellow and wear AmeriCorps lapel pins or gear during service hours. h. Participate in days of national service including, but not limited to: Martin Luther King, Jr. Day of Service; State Day of Service, and AmeriCorps week Service Day. 3) Project Specific Scope of Work
a. Outreach for the City's Solid Waste and Watershed Management programs, with a focus on organic materials and water quality improvement.
i. In support of assisting with outreach elements of the City's Solid Waste and Watershed Management Programs, including implementation of Senate Bill 1383, the waste reduction and organics recovery legislation portion of Assembly Bill 32., the fellow will support developing a targeted multi-lingual outreach program for businesses and multifamily complexes for waste reduction and water quality, including developing and holding composting workshops for residents in partnership with the City's Community Garden
b. Assisting with implementation of certain elements of the City's Solid Waste and Watershed Management programs, with a focus on organic materials and water quality improvement. i. In support of Senate Bill 1383 Implementation, the Fellow will support the City by assisting in enrolling businesses into the regional edible food recovery program, including encouraging those that are not required by law to participate, and working with {00022649.1} Page 9 of l5
c
multi-family complexes on both recycling and organic waste diversion, as well as educating them on related water quality goals
This project will include: (l) an initial gap assessment conducted by the Fellow, (2) a volunteer engagement component, and (3) a transitional support activity. i. Minor changes to the scope following the requisite gap assessment process may be needed.
ii. The project will comply with AmeriCorps service guidelines including prohibited activities described in Exhibit A - Contracted Performance Measures and Prohibited Activities.
{00022649.r\ Page l0 of l5
Exhibit C
Partner Responsibilities
Partner will perform the following services
(1) SupportResponsibilities
(a) Support Fellow recruitment by advertising your open placement through appropriate channels and networks (e.g., websites, newsletters, social media, job boards, etc.) (b) Identifu one staff member to act as the "Site Supervisor" for the project, and point person for both the Fellow and CivicSpark staff.
(c) Site Supervisor shall support project implementation and professional development by:
(i) Setting aside at least t hour/week to check in with each Fellow and provide assistance for each approved project.
(ii) Familiarizing Fellows to the host organization (including safety procedures and protocols), resources, and project scope.
(iii)Completing an initial perforrnance assessment of each Fellow (survey and goal setting) within 1 month of the start of the service year; conducting a mid-year performance review; and completing a final performance review survey prior to the end of the service year.
(iv) Seeking opportunities to integrate Fellows' professional goals into project activities. (v) As appropriate, facilitating Fellows' transition at the end of their service year by introducing Fellows to relevant colleagues and networks. (vi) Provide adequate professional workspace for Fellows within the office (e.g., desk, computer, phone, etc), and ensure that site and workplace are accessible to individuals with disabilities if needed.

1. Provide a laptop or equivalent computer if Fellow(s) will be teleserving from home on a regular basis (e.g. hybrid schedule).

2. If needed due to COVID or any other emergency reason, be able to support partial virtual service for Fellows (e.g., remote access to files, plans for virtual check-in and support, technology support for remote work)
(d) Develop defined project scope(s) and identifr goals to be completed in agreed upon timeframe.
(i) Ensure key staff for each defined project completes a pre-service capacity assessment survey before the start of the service year and a post-service capacity assessment towards the end ofthe year.
(ii) Ensure key stafffor each defined project participates in a project interview early on in the service year (within the first 2-3 weeks), a part of the CivicSpark gap assessment process. (e) Support implementation of project(s) consistent with scope above and in line with CivicSpark program goals (including supporting volunteer ongagement activities and participating in transitional event)
(f) Keep Regional Coordinators and/or other CivicWell staff apprised of project developments andlor challenges, and working to redefine project scope(s) and goals as necessary. (g) If challenges arise (related to professionalism, work products, etc.) provide specific written feedback to the Fellow and share with CivicWell staff in a timely manner so CivicWell staff can assess the challenges and intervene as needed.
(h) Assist with occasional site visits to Partner by CivicWell staff. (i) Not displace Partner staff or volunteers through the use of CivicSpark Fellows, nor have CivicSpark Fellows perform any services or duties that would supplant the hiring of employed workers.
fi) Not offer the CivicSpark Fellow part- or full-time employment that is substantially similar to their CivicSpark scope of work, with a start date prior to the service year-end date. Such {0002264e.1} Page 1l of15
(2)
circumstances would constitute a material breach of this Agreement as described under 5.

Termination above, and Partner would remain responsible for paying any remaining amounts due under this Agreement had the Fellow completed their project with the Partner.

Reporting Responsibilities
(a) Complete applications for CivicSpark projects, identifring:
(i) Total hours desired for service work;
(ii) Identification ofat least2 projects for at least I beneficiary per fellow (or 1 projectfor2 or more beneficiaries).
l. Beneficiaries can be individual departments within a single local government or even individual staff members within the same department.

2. Specific eligibility requirements are provided here:
https ://civicspark. c iv icwe I l.org/partnership-opportunities/ (b) Ensure a staff person involved in the project from each local government beneficiary completes a pre-service capacity assessment survey before the start of the service year and a post-service capacity assessment towards the end of the year. The pre-service survey defines goals for the project and establishes a baseline perspective on issues relevant to the specific project issue (i.e., climate, water, housing, mobility, etc.). The post-service survey evaluates the degree to which the Fellows' work made progress toward the goals and baselines established in the pre-service capacity assessment survey. (c) Ensure a staff person involved in the project from each local government beneficiary participates in a project interview early on in the service year (within the first 2-3 weeks), a part of the CivicSpark gap assessment process.
(d) Submit Fellow performance assessments on time, as described above. (e) Complete any additional project reporting defined as necessary. (f1 Allow Civicspark to share results of all reporting with the state service commission and AmeriCorps, for required grant reporting.
{00022649.1\ Page 12 of l5
Exhibit I)
Compensation
Costs, total project hoursr, additional prep-hours and travel budget for support options on a per-Fellow basis are defined below.

CivicWell will receive no more than $31.000, for 1 Fellow(s) for performing the services set forth in this Agreement.

Except for activities associated with CivicWell membership, work completed under this contract will be performed by CivicSpark AmeriCorps Fellows.

Lump Sum Payment. Option #l
The Partner shall make a one-time, lump sum payment to CivicWell that covers the entirety of the amount due for services to be performed. Lump Sum payment is due within 30 days of Fellow(s)' start date. In consideration of this single up-front payment, CivicWell shall submit monthly records of hours to date spent by the Fellow to perform the services required under the Agreement. Partner must inform CivicWell prior to the project start if they need invoices to include specific format, tasks, billing codes, or other details. Partner must also provide clear instructions to CivicWell about how time should be tracked and reported, if necessary.

Installment Billine, Option #2
Invoices will be the total amount of the contract divided into 4 equal installments, billed over the Fellow(s)' term of service with the first installment due at contract signing. CivicWell will bill the Partner for the full installment amount regardless of Fellow activity during any given period. If for some reason CivicWell is unable to provide services for the full contract duration (e.g., a Fellow leaves the program for medical or personal reasons and a suitable replacement cannot be provided), Partner is only responsible for the portion of the contract amount for the hours of service actually provided. Partner must inform CivicWell prior to the project start if they need invoices to include specific format, tasks, billing codes, or other details. Partner must also provide clear instructions to CivicWell about how time should be tracked and reported, if necessary. 1Not. thut project hours include all project related activities as well as basic adminishative tasks related to Civicspark service (e.g., completing timecards, progress reports, project related communications with CivicWell staff, etc.). {0002264e.1} Page 13 of 15
Exhibit E
Reimbursable Expenses
CivicWell does not cover project-related expenses related to the service project. All project-related expenses are the responsibility of the Partner.

Expenses that the Partner should plan for include mileage, meals, event fees, and any other expenses needed for the Fellow to implement the project. Fellows should not incur expenses relating to the project unless Partner has funds to cover such expenses.

Should Partner need to have a Fellow incur project-related expenses, those expenses shall be submitted by Fellow to Partner in writing for approval prior to Fellow incurring these expenses and prior to Partner being charged for reimbursement for an expense incurred during the completion of activities outlined in the Scope of Service (Exhibit B"). Partner agrees to make the payment in a timely manner in order for Fellow(s) to be reimbursed.

Partner is not expecting to have any project-related expenses that the Fellow will incur. {0002264e.1) Page 14 of l5
Exhibit F
Timeline
All tasks enumerated in Exhibit B - Scope of Services are to start on September 12,2023 and should be completed by December 31,2024.
{00022649.r1 Page 15 of 15
City of Carpinteria
Courucru Aceruon Srarr Reponr
May 22,2023

ITEM FOR COUNCI L CONSIDERATION
2022 Annual lntegrated Pest Management (lPM) Report

STAFF RECOMMENDATION
Accept the report to be made available for public review and kept on file with the City Clerk.

Sample Motion: I move to accept the2022 Annual lntegrated Pest Management Program (lPM) Report to be made available for public review and kept on file in the City Clerk's office.

BACKGROUND
On January 9,2012, the City Council adopted Resolution No. 5355, thereby establishing an Integrated Pest Management Policy for the City of Carpinteria. The policy is intended to manage environmental pests while reducing the use of pesticides at City owned facilities including parks and streets while still maintaining safety and aesthetics. This effort requires year-round management as well as the publication of an annual report that summarizes the City's pesticide use, employment of IPM practices and recommendations for the next year.

This is the 11th annual report to be presented.

The report has been prepared by City Staff, circulated to the IPM Committee, and is presented to the City Council for review, comments and acceptance. The purpose of this agenda matter is to allow the Council to receive the annual IPM report and to communicate its results to the community for purposes of education and transparency

DISCUSSION
The City relies on pest management recommendations from a variety of sources. City staff, outside contractors, and others may observe pest of concern that require treatment. ln2022, routine IPM practices continue to be used leading to satisfactory outcomes. Pesticides are used in IPM programs when no effective alternatives are available or alternatives are not sufficient to keep pest populations from reaching 2022 Annual IPM Report
May 22,2023
Page#2
damaging levels. Not all pests need to be controlled. The person who makes a pesticide application decision does so when no effective alternatives are available or alternatives are not sufficient to keep pest populations from reaching damaging levels.

The emphasis is to maximize the benefits and advantages that pesticides offer while minimizing any potential risks. Whenever a pesticide treatment is needed applications are consistent with the pesticide label and all state and federal laws and regulations.

Additionally, wherever possible, materials that are least toxic to humans and other nontarget organisms and that are least likely to contaminate ground and surface waters are selected.

POLICY IDERATIONS
The IPM Report is provided annually pursuant the City's IPM Policy. The implementation of the IPM policy will have long term beneficial effects on the overall health of the City. IPM does not prohibit the use of pesticides, rather it requires that the least toxic method be considered before more toxic approaches are implemented.

Public exposure to pesticides has always been minimized by following product labels and common sense practices; however, implementation of the IPM program can help to reduce exposure potential and encourage Carpinteria residents to enjoy their public parks and facilities without concern of being exposed to harmful substances.

The reduction in the use of pesticides can help in reducing storm water pollution and improve the biological health of our creeks and ocean.

FINANCIAL CONSID ERATIONS
IPM practices have different costs than conventional methods of pest control. ln some cases costs can be higher and in others costs can be lower. lf practiced over time, IPM tactics should reduce or avoid costs and simultaneously improve environmental conditions.

LEGAL
No Legal issues are presented as a part of this report.

OPTIONS
No options are presented as a part of this report.

ATTACHMENTS
2022lPM Annual Report
\COC5H\cDrive\CC Staff ReportsB)z3 0522\Finalloo22lPM Report Staff ReportV022 Staff Report 2022 IPM .docx 2022 Annual IPM Report
May 22,2023
Page #3
Staff contact
Matthew Roberts, Parks, Recreation and Public Facilities Director (805) 755-4449 [email protected]
f A\ILD*[\ s{"
Signature
Reviewed by: Dave Durflinger, City Manager lV, $o- \Z*V",.h^t'* (805) 7 55-4400 [email protected] l sw
\\COC5H\GDrive\CC Staff Reports\2023 0522\FinalV022lPM Report Staff Report\2022 Staff Report 2022 IPM .docx lntegrated Pest Management
2022 Annual Report
City of Carpinteria
t1l
\\COCSH\GDrive\CC Staff Reports\2023 0522\Final\2O22lPM Report Staff Report\2122 Annual IPM Report.docx

INTRODUCTION
\n2022, the City continued to rely on IPM tactics to prevent excessive pest infestation in City landscapes, parks and buildings. Termites, ants, oak moth worms, gophers and invasive weeds were the most challenging pests encountered each year. lntegrated pest management, or lPM, is a process you can use to solve pest problems while minimizing risks to people and the environment. IPM can be used to manage all kinds of pests including in urban park, and natural open areas. lntegrated pest management controls pests by using a variety of measures, including mechanical, cultural, biological, and chemical.

BACKGROUND
The Carpinteria City Council established the Carpinteria City's IPM policy by adopting Resolution No.5355 at its regular meeting of January 9,2012. The policy establishes an IPM committee of up to nine members. The goal of IPM is to mitigate pest damage to City property while protecting human health, the environment and economic viability.

The City policy has ten basic tenents
Establishes the goal of reducing or eliminating the use of toxic pesticides through the use of common-sense principals of lPM. Use of IPM tactics, such as mulching, hand or mechanicalweeding and rodent trapping, will be the first line of defense.

2. Establishes the use of IPM methodology for selecting the appropriate pest intervention options.

3. Commits the City to establish Pesticide Free Zones where no pesticides will be used unless an emergency arises. These areas will include park play structures and picnic areas.

4. References the use of IPM tactics from reputable mainstream sources; specifically, the University of California at Davis, the California lnvasive Plant Council and the California Department of Pesticide Regulation.

5. Avoids whenever possible the contamination of buildings, soil, air, and water and protects people, animals and beneficial plants and insects from toxic exposures.

6. Establishes the requirement that all personnel involved in pest management at the City receive training and continuing education on the use of pesticides.

7. Requires cooperation and communication between City departments and City Contractors by setting standard operating procedures for the control of pests. 1 t2l

8. Establishes an IPM Advisory Committee (IPMAC) with up to nine members that includes representation from the Parks and Recreation Department, The Public Works Department, The Bluffs Advisory committee, and at least two at large community members that can make recommendations to the City Council on implementation and amendment of the IPM policy.

9. Establishes a public outreach and information program to help others in the community reduce the use of pesticides.

10. Establishes that effective public notification will be implemented when pesticides are used. The utilization of a Pesticide Hazard and Exposure Reduction (PHAER) Zone system is to be utilized to help accomplish the public notification objective. The PHAER Zone system also includes the creation of a color metric pesticide list potentially used by the City that groups pesticides into three groups with low (green), medium (yellow) and high (red) toxicity.

The IPM policy requires the preparation of an annual report to disclose the pest issues encountered and tactics used to combat the problem including pesticide use, if any, in City facilities. This report will be filed with the City Clerk for public inspection and presented to the City Council.

The City continued IPM approved operations with the use of pesticides after other methods were considered or tried. Ant control at the County Medical Clinic is an exception, as there is a low tolerance for ant infestation and the service center is managed by the County of Santa Barbara.

The materials used at the clinic include Esfenvalerate, Piperonyl butoxide and Prallethrin. They are commonly used in ultra-low volume sprays for outdoor mosquito control including many household insecticides such as RAID.

The decision to use insecticides at the clinic is made by the County Medical Clinic personnel and County Public Health Department.
ln 2021, a non-toxic method for gopher control at all sites was implemented. The Eliminator@ System, lnert Gas lnjection, was used for delivery of carbon dioxide gas into underground burrows. The carbon dioxide fills the tunnels and eliminates oxygen, resulting in gopher death. However, complete control is illusive and gophers continue to cause damage on all of our sites.
2022 WEED AND INVASIVE PLANT CONTROL
Nonselective herbicides
The use of nonselective herbicides such as glyphosate and glufosinate continues to be minimized by the City. Both of these chemicals are non-selective herbicides and control a wide variety of weeds. However, these herbicides work in different ways. Glyphosate t3l
is a systemic, translocating herbicide . lt kills weeds by blocking essential amino acids necessary for the photosynthesis process. Glufosinate Herbicide is a broad-spectrum herbicide produced from soil bacteria that inhibits a plant enzyme for nitrogen assimilation.

It is often sold as ammonia salt. This naturally occurring herbicide is non-selective and contact herbicide with slight systemic activity. lt lacks soil-residual activity.

As a contact only herbicide, it is only effective when it comes in contact with the plant. lt does not affect the roots or soil, which is important in erosion-prone areas. lt rapidly breaks down in the soil, so it does not enter groundwater sources. Glufosinate can control g lyphosate-resistant weeds
Glufosinate is a contact, semi-translocating herbicide that inhibits glutamine synthetase This means it kills weeds by inhibiting a plant's ability to utilize nitrogen. These chemicals were used in spot treatments for difficult to eradicate weeds not easily controlled by other means.

Glyphosate herbicides are more effective on grasses, while Glufosinate herbicides are more effective on annual broadleaf weeds. Glyphosate translocated throughout the plant, while Glufosinate is a contact herbicide
Glyphosate use is controversial due to high profile lawsuits awarding significant damages to plantiffs who used RoundUp and later developed cancer.

While the lawsuits are troubling, the vast majority of research performed worldwide still concludes that use of glyphosate is safe. The U.S. Environmental Protection Agency (EPA) published it latest review of Glyphosate in January of 2020. Their published summary of findings is presented in the appendix to this report.

Oak Moth Gaterpillar lnfestation and Gontrol
Irees in Memorial Park were sprayed with M-pede to treat for Oak Moth caterpillars. l4l
The California oak moth (Phryganidia californica) is a native insect of coastal California.

Oak month caterpillars voraciously feed upon the leaves of our native Coast Live Oak and also some deciduous trees. The tan brown adult moths are commonly seen as they hover around infested trees. They prolifically mate and lay eggs for the next generation of caterpillars. Only the caterpillars feed on oak leaves. Extreme oak worm outbreaks occur approximately every 8-10 years. ln the most extreme years, such as the one the City experienced in 2007-08, the infestation may lead to severe oak defoliation. During these outbreaks caterpillars are often seen suspended from silk strands, dropping to the ground, and congregating on park benches, drinking fountains, sidewalks or other surfaces. City oak trees experienced a severe oak moth infestation in 2021 and it continued into 2022.
lmidicloprid was used on the select City trees in 2022. lmidicloprid is taken up by the tree relatively slowly and starts killing chewing insects after a few days. i\lmidacloprid continues to kill chewing bugs in the tree for up to a year with one application. PentraBark penetrating surfactant is used to aid water soluble insecticide, fungicide, plant growth regulators or fertilizer into the vascular system of the tree for translocation into foliage or roots. lt eliminates the need to spray foliage, soil drench, bark inject or pressure inject into soil. Pentrabark is used to help the trees absorb lmidicloprid.

Aphids Control
Ash trees and magnolia throughout the City experienced aphid infestations, Aphids exude a sticky residue that was causing unpleasant staining and stickiness on sidewalks and other surfaces. The infestation can be detrimental to the health of the tree and can spread to other landscape plants.

Trilogy is the brand name for a clarified hydrophobic extract of neem oil. Neem oil is a naturally occurring pesticide found in seeds from the neem tree. lt has been used for hundreds of years to control pests and diseases. Components of neem oil can be found in many products today. These include toothpaste, cosmetics, soaps, and pet shampoos. Neem products do not necessarily provide absolute insect control. However, frequent applications can reduce pest populations dramatically by repelling them and inhibiting their larval development, growth, fertility, mating and egg laying, as well as deterring feeding
Ants and Other Pests
At City Hall and the Veteran's Building Eco-via was applied for ant control. lt contains thyme oil and rosemary oil. This next generation National Organic Program (NOP) compliant product is an EPA exempt, FlFRA2S-b organic essential oil insecticide.

Products used at the Medical Clinic to control ants were Suspend Polyzone and Onslaught FastCap. Suspend Polyzone contains the active ingredient Deltamethrin. lt is tsl
an insecticide belonging to the pyrethroid family. Pyrethroids are the man-made versions of pyrethrins, natural insecticides from chrysanthemum flowers. Onslaught FastCap made of Exponent brand synergist, Esfenvalerate, and Prallethrin, targets multiple insects and can be applied in a number of areas both indoor and outdoor, as well as food areas. The insecticides were chosen for low toxicity and the nature of the importance of a sanitary environment at the Medical Clinic. 2022 RODENT AND INSECT CONTROL
Rats and Mice
For the control of rats and mice, two products (Terad3 Rodenticide Bait and Contrac Blox (bromadiolone) were used around the Veteran's Building and City Hall. Spring traps were also used.

Cholecalciferol is a single feeding rodent bait. Once the rodent eats a lethal dose, their blood calcium begins to rise to a level that is lethal to the rodent. Cholecalciferol, also known as vitamin Dr, is a type of vitamin D which is made by the skin when exposed to sunlight; it is also found in some foods and is manufactured and sold as a dietary supplement.

Contrac All Weather Blox was also used on a limited basis. lt is a rodenticide containing the single-feeding anticoagulant ingredient, Bromadiolone. Bromadiolone is a potent 2nd generation anticoagulant rodenticide and can only be purchased and used by pest control professionals in limited areas.

Gophers
Another area of constant effort is in the control of gophers. Gophers can pose a serious threat to turf areas, especially sports fields. Gopher holes in sports fields and parks pose a solemn risk of injury to athletes and park goers. Gopher activity continues to be an issue but it appears to be under better control than previous years.

Gophers use their forepaws and incisor teeth to burrow and tunnel into the earth. Plant eaters by nature, they uproot and feed upon plants. Gophers are considered solitary rodents yet dozens can infest an open field if no control program is in place. Gopher mounds are often built in a line, indicative of a deeper tunnel system. t6l
Pocket gophers invade parks, yards and gardens, feeding on many garden crops, ornamental plants, vines, shrubs, and trees. A single gopher can inflict considerable damage in a very short time. Gophers gnaw and damage plastic water lines and irrigation systems. Their tunnels may divert and carry off irrigation water, which leads to soil erosion and inefficient water use. Mounds on turf areas interfere with mowing equipment and collapsing tunnels can create tripping and injury hazards. Sports fields suffer extensive damage when gopher infestations occur. lt is unclear if plant stress from lack of winter rains has worsened the damage to sports field due to gophers. One theory postulates that irrigated turf areas are attractive to gophers as moist soils have more succulent root systems required for food. Non irrigated areas surrounding the sports fields may be unable to support
gopher populations so the animals
migrate to greener pastures.

The California Fish and Wildlife Code
classifies pocket gophers as non-game
mammals. This means that if a gopher
is causing property damage you can
control them at any time and in any
legal manner.
i
I
l
i
I
i
t
I
I
I
I
t*-,2#*r
The City used carbon dioxide gas in
2022 to help with gopher control.

Carbon dioxide (chemical formula
COz) is a colorless gas with a density
about 53% greater than that of dry air.

Because of its greater weight, it settles
into gopher tunnels and displaces
breathable air causing suffication.

Carbon dioxide, delivered with appropriate equipment, meets integrated pest management protocols and has been endorsed by various agencies as a non-toxic and sustaninable practice with no residual effects.. Carbon dioxide can be found in most carbonated beverages.

SPORTS FIELD MANAGEMENT
The City owns and maintains two parks that have active sport fields. El Carro Park has a dedicated soccer field and two baseball fields that share a common outfield area. This outfield also can be used for soccer play. Similarly, Viola Fields has two soccer fields with complimentary softball infields so that either soccer or softball games may be played there. Both El Carro and Viola Fields are home to youth sports leagues, including Little League and AYSO.
al,, J
17l
A field renovation project was performed
in early 2023. The project included a
repair and recalibration of the field
irrigation system followed by a broadleaf
herbicide application and a nonselective
herbicide spot treatment application for
certain areas where warranted. Once
invasive weed control was
accomplished, the field was hollow tyne
aerated, ammended with compost,
seeded and then topped with sand and
compost to serve as a leveling layer. Results of this effort appear to be good with lots of seed germination evident. Cool days and persistent rain has slowed the new grass growth.

The project helps to demonstrate IPM practices. Because the City had not used chemical control of invasive weeds for several years, the level of infestation was high.

The efficient use of herbicides immediately followed by the enrichment of the soils will help to promote desirable grass groMh and establishment and also to suppress the reestablishment of undesirable weeds.

Clover is the primary broadleaf at the City's two sport field parks. A dense infestation of broadleaf weeds, such as clover, will out compete the desired grass, but does not stand up to the rigors of sports play. As the turf weakens, the weeds will readily invade the open areas that remain.

Mulching
Using mulch is a good park, garden and right of way maintenance practice. The benefits include:
. Reduces weed growth thereby reducing the need for herbicides or mowing . Holds in soil moisture and conserves water.
. Helps to keep the root zone temperatures at a beneficial level. . Organic mulch such as wood chips adds nutrition as it breaks down.

The City continues to stockpile wood chip mulch at Carpinteria City Hall generated from municipal tree trimming operations. This material is made available to the public for free and also used for park and right-of-way uses. The general guidelines for the free pick up and use is that the material is for residential use.

Use of a broadleaf herbicide is
warranted to gain control of invasive
weeds in the turf areas used for
t81
ln 2022, truckloads of wood chip mulch have been utilized in most city parks such as the Carpinteria Garden Park, Monte Vista Park, Heath Ranch Park, Seaside Park,Tomol lnterpretive Play Area and El Carro Park. The mulching efforts continue throughout the City.

Carpinteria Garden Park
The Carpinteria Garden Park remains very popular. Over one hundred households rent garden beds where organic growing practices are emphsized . Garden Coordinator, Wendy Robins, works directly with the community and garden members to prevent pests before they occur by emphasizing soil and plant health as preventative care. For example, aphids can be washed off of
plants with the water spray of a
garden hose.

The Garden Park continues to
generate its own compost which is
used to amend garden beds, ensuring
that rich soil provides plants with
healthy defenses against insect pests.
ln addition, the cultivation of many
"insectary" plants (plants especially
attractive to beneficial insects) provides a robust ecosystem of insects that feed on common garden pests such as aphids, scale, and white flies.

Bat houses were installed at the garden to demonstrate an effort to control invasive insects. lnstalling a bat house on your property can provide a safe environment for bats, while protecting your yard from pest insects, like mosquitoes, moths, and beetles Beyond direct support for community gardeners, the Carpinteria Garden Park continues to host classes throughout the year on integrated pest management and related topics which are free and open to the public. These classes include information on organic Composting with Worms Class
lel
pest management, building soil fertility for preventative care, and building pollinator and beneficial insect gardens for biodiversity.

CONCLUSIONS

1. Weed control with string trimmers, mulching and manual removal continues to be the first line of defense, however judicious use of herbicides has helped significantly in turf management areas.

2. With gophers, the challenge continues to be in keeping up with the population that can invade from adjacent properties. COz treatment being used since 2021 has been helpful but complete control has not been attained.

3. The sports fields will undergo a significant renovation in early 2023 that should suppress invasive turf weeds while promoting healthy turf. Over 250 cubic yards of organic soil amendment are to be imported and incorporated into the fields to promote healthy soil biotics. l10l
Appendices
Schedule of pesticides used in 2022
[11]
2022 Facility Use of Pesticides -TOTALS
sh9/2022 Santa Barbara Pest Ditrac 12455-80 12 oz Bait Rodent Control City Hall 6/1.8/2022 Santa Barbara Pest Ditrac 12455-80 6oz Bait Rodent Control Vets Hall 6/18/2022 Santa Barbara Pest Ditrac 12455-80 6oz Bait Rodent Control City Hall TOTAL llbs8oz
Date Cornpany Product fFA# Amount Method Target Species Lofation t/20/2022 Santa Barbara Pest Eco-via Exempt 4oz Spray lAnts/Crawlinglnsects Vets Hall 4/27/2022 Santa Barbara Pest Eco-via Exempt 4oz Spray lAnts/Crawlinglnsects Vets Hall 7/28/2022 Santa Barbara Pest Eco-via Exempt 4oz Spray lAnts/Crawlinglnsects Vets Hall 70/27/2022 Santa Barbara Pest Eco-via Exempt 4oz Spray lAnts/Crawlinglnsects Vets Hall TOTAL ltb
8/77/2022 Santa Barbara Pest Essentria IC3 FIFRA 25 b exd6 oz Sprav Crawline/Flvins I nsects EI Carro TOTAL 5oz
7/6/2022 Santa Barbara Pest Terad3 Blox 12455-106 12 oz Bait Rodent Control Pool

1./2012022 Santa Barbara Pest Terad3 Blox 12455-tO6 12 oz Bait Rodent Control Vets Hall t/20/2022 Santa Barbara Pest Terad3 Blox 12455-106 12 oz Bait Rodent Control Vets Hall 2/rs/2022 Santa Barbara Pest Terad3 Blox 12455-106 L2 oz Bait Rodent Control Pool 2/te/2022 Santa Barbara Pest Terad3 Blox 12455-L06 18 oz Bait Rodent Control City Hall 2/ts/2022 Santa Barbara Pest Terad3 Blox 72455-706 15 oz Bait Rodent Control Vets Hall 3/4/2022 Santa Barbara Pest Terad3 Blox 12455-706 72 oz Bait Rodent Control City Hall 3/4/2022 Santa Barbara Pest Terad3 Blox 72455-106 12 oz Bait Rodent Control Vets Hall 3/9/2022 Santa Barbara Pest Terad3 Blox 72455-706 'J.2 oz Bait Rodent Control Pool 4/6/2022 Santa Barbara Pest Terad3 Blox 12455-106 'J.2 oz Bait Rodent Control Pool 4/27/2022 Santa Barbara Pest Terad3 Blox 12455-106 L6 oz Bait Rodent Control City Hall 4/27/2022 Santa Barbara Pest Terad3 Blox 12455-1,06 L2 oz Bait Rodent Control Vets Hall sle/2022 Santa Barbara Pest Terad3 Blox 12455-',J"O6 4oz Bait Rodent Control Pool she/2022 Santa Barbara Pest Terad3 Blox 12455-tO6 12 oz Bait Rodent Control Vets Hall 6/1.8/2022 Santa Barbara Pest Terad3 Blox 12455-tO6 6oz Bait Rodent Control Vets Hall 6h8/2022 Santa Barbara Pest Terad3 Blox 72455-tO6 78 oz Bait Rodent Control City Hall 7/1.1./2022 Santa Barbara Pest Terad3 Blox 72455-706 72 oz Bait Rodent Control Pool 7/28/2022 Santa Barbara Pest Terad3 Blox 12455-706 72 oz Bait Rodent Control City Hall 7/28/2022 Santa Barbara Pest Terad3 Blox 12455-706 t2 oz Bait Rodent Control Vets Hall 8/20/2022 Santa Barbara Pest Terad3 Blox 72455-706 18 oz Bait Rodent Control City Hall 8/20/2022 Santa Barbara Pest Terad3 Blox 72455-706 18 oz Bait Rodent Control Pool 8/20/2022 Santa Barbara Pest Terad3 Blox 72455-706 74 oz Bait Rodent Control Vets Hall e/77/2022 Santa Barbara Pest Terad3 Blox 72455-1,06 !2 oz Bait Rodent Control City Hall s/7712022 Santa Barbara Pest Terad3 Blox 12455-1-06 !2 oz Bait Rodent Control Vets Hall sh7/2022 Santa Barbara Pest Terad3 Blox r.2455-106 L2 oz Bait Rodent Control Pool

1.0/27/2022 Santa Barbara Pest Terad3 Blox t2455-L06 L2 oz Bait Rodent Control City Hall 10/27/2022 Santa Barbara Pest Terad3 Blox 12455-tO6 t2 oz Bait Rodent Control Vets Hall t7/7/2022 Santa Barbara Pest Terad3 Blox 12455-tO6 t2 oz Bait Rodent Control Pool

1.7/72/2022 Santa Barbara Pest Terad3 Blox 72455-706 72 oz Bait Rodent Control Vets Hall 7u72/2022 Santa Barbara Pest Terad3 Blox 72455-706 14 oz Bait Rodent Control City Hall 72/8/2022 Santa Barbara Pest Terad3 Blox 12455-106 3oz Bait Rodent Control Pool 72hO/2022 Santa Barbara Pest Terad3 Blox 12455-106 18 oz Bait Rodent Control Vets Hall t2ho/2022 Santa Barbara Pest Terad3 Blox 72455-].06 'J,4 oz Bait Rodent Control City Hall TOTAT 26 lbs
6/e/2022 Santa Barbara Pest lT-Rex Traps - Rat 12 Bait Rodent control Pool 10/812022 Santa Barbara Pest lT-Rex Traps - Rat r.6 Bait Rodent Control Pool TOTAL 28 traps

Page 1 of 2 ends

2022 Facility Use of Pesticides -TOTALS
s/26/2022 Showscapes lmidacoiprid (Quali-1432-1318-732 24 oz lnsecticide Pa rks 6/22/2022 Showscapes lmidacoiprid (Quali-1432-L318-732 L6 oz I nsecticide Pa rks 8/24/2022 Showscapes lmidacoiprid (Qualil432-1"318-732 t6 oz lnsecticide Parks TOTAL 56 oz
Date Company 'Pr€d!ct EPA# Amoilnt ,Method Target Species Location 2/24/2022 Showscapes Lifeline 70s06-310 18 oz Herbicide Parks 3/24/2022 Showscapes Lifeline 70506-310 L8 oz Herbicide Pa rks 9/22/2022 Showscapes Lifeline 70s06-310 78 oz Herbicide Parks 17/24/2022 Showscapes Lifeline 70506-310 36 oz Herbicide Pa rks TOTAL 90 oz
6/23/2022 Showscapes Pentrabark (Quest) 83416-s0001-| 16 oz Penetrant lnsecticide/ Funeicide
Pa rks
8/24/2022 Showscapes Pentrabark (Quest) s3416-s0001116 oz Penetrant lnsecticide/ Funeicide
Parks
TOTAT 32 oz
1/24/2022 Showscapes Roundup Herbicide 24 oz Herbicide Pa rks 3/24/2022 Showscapes Roundup Herbicide 24 oz Herbicide Parks 4/28/2022 Showscapes Roundup Herbicide 36 oz Herbicide Parks s/26/2022 Showscapes Roundup Herbicide 36 oz Herbicide Pa rks 6/23/2022 Showscapes Roundup Herbicide 24 oz Herbicide Parks 7/2812022 Showscapes Roundup Herbicide 18 oz Herbicide Parks 8/2s/2022 Showscapes Roundup Herbicide 36 oz Herbicide Pa rks e/22/2022 Showscapes Roundup Herbicide L8 oz Herbicide Parks 10/22/2022 Showscapes Roundup Herbicide 18 oz Herbicide Parks 12hs/2022 Showscapes Roundup Herbicide L8 oz Herbicide Pa rks TOTAL 252 oz

Page 2 of 2 ends

a
a
EPA information on Glyphosate
EPA has concluded its regulatory review of glyphosate-the most widely used herbicide in the United Sfafes. After a thorough review of the best available science, as required under the Federal Insecticide, Fungicide, and Rodenticide Act, EPA has concluded that there are no risks of concern to human health when glyphosateis used according to the Iabel and that it is not a carcinogen.

EPA scientists pefformed an independent evaluation of available data for glyphosate and found:

No risks of concern to human health from currenf uses of glyphosate. Glyphosafe products used according to label directions do not result in risks to children or adults No indication that children are more sensifrve to glyphosate. After evaluating numerous sfudies from a variety of sources, the Agency found no indication that children are more sensifive to glyphosate from in utero or post-natal exposure. As part of the human health risk assessment, the Agency evaluated all populations, including infants, children and women of child-bearing age, and found no risks of concern from ingesting food with glyphosafe resrdues. EPA also found no risks of concern for children entering or playing on residential areas treated with glyphosafe No evidence that glyphosate causes cancer in humans. The Agency concluded that glyphosate is not likely to be carcinogenic to humans. EPA considered a significantly more extensive and relevant dataset than the International Agency on the Research for Cancer (IARC). EPA's database includes sfudies submitted to support registration of glyphosafe and studies EPA identified in the open literature. a
EPA considered a significantly more extensive and relevant dataset than the lnternational Agency on the Research for Cancer (IARC). EPA's database includes sfudies submitted to support registration of glyphosafe and studies EPA identified in the open literature. For instance, IARC only considered eight animalcarcinogenicity sfudies while EPA used 15 acceptable carcinogenicity sfudies. EPA does not agree with IARC's conclusion that glyphosate is "probably carcinogenic to humans." EPA's cancer classification is consistent with other international expert panels and regulatory authorities, including the Canadian Pest Management Regulatory Agency, Australian Pesticide and Veterinary Medicines Authority, European Food Safety Authority, European Chemicals Agency, German Federal lnstitute for Occupational Safety and Health, New Zealand Environmental Protection Authority, and the Food Safety Commission of Japan and the Joint Food and Agriculture OrganizationtWorld Health Organization (FAOIWHO) Meeting on Pesticide Residues (JMPR).

For more information, read the Rewsed G lvphosate /ssue Paner: Evaluation of C a rci noqen ic Potenti al.

No indication that glyphosate is an endocrine disruptor. Glyphosafe has undergone Tier I screening under EPA's Endocrine Disruptor Screening Program. Based on all lr2l
o
available information, EPA concluded, using a weight-of-evidence approach, that the existing data do not indicate that glyphosafe has the potentialto interact with the estrogen, androgen orthyroid signaling pathways. The screening program did not indicate the need for additional testing for glyphosate. [13]
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
May 22, 2023

ITEM FOR COUNCIL CONSIDERATION
Initiation of the following legislation position letters:
• Oppose Senate Bill 423 (Wiener), Land Use: streamlined housing approvals:
multifamily housing developments, and
• Support for permanent budget allocation for housing production and state mandated programs payback.
• Request state response to the Fentanyl public health crisis.

STAFF RECOMMENDATION
Authorize the Mayor to sign and direct staff to submit to the appropriate state the subject legislative advocacy letters on behalf of the City of Carpinteria.

Sample Motion: I move to authorize the Mayor sign and direct staff to submit to the appropriate state representatives the following:
• Letter opposing Senate Bill 423, (Wiener), Land Use: streamlined housing approvals: multifamily housing developments; and
• Letter supporting state budget funding for housing programs; and • Letter urging the state legislature to address the Fentanyl public health crisis.

BACKGROUND
From time-to-time the City Council elects to take positions on state or federal legislation.

As a part of regular Council meeting agendas, information from the League of California Cities (Cal Cities) is included and the Council has the opportunity to:
• Request that a legislative matter be scheduled for consideration as a part of a future Council agenda.
• Authorize submittal of a position letter(s) on behalf of the City.

The purpose of this agenda matter is to allow the Council to consider taking positions and advocating on certain state legislation and policy matters consistent with requests from Cal Cities and that the City Council has requested at a prior Council meeting.

Legislation Position letters
May 22, 2023

Page 2 ends

DISCUSSION
City staff has drafted letters based on information available from Cal Cities (Attachment &
Senate Bill 423 (Wiener), Land Use: streamlined housing approvals: multifamily housing developments.

The current text of SB 423 is attached to this Report as Attachment B. The City Attorney's Office has completed an analysis of SB 423 that is attached to this Report as Attachment C.

Minimum $3 Billion Annual Budget Allocation for Housing The Cal Cities request for $3 billion in the state budget for housing programs dwarfs the Governor's Plan, (Attachment D). While cities believe significant state and/or federal financial subsidies will be required to realize anywhere near the amount of affordable housing the state has mandated cities plan for, the state legislature has focused almost exclusively on adopting new laws that preempt local development regulations to promote more high density housing.

Fentanyl Public Health Crisis
According to Cal Cities, drug-related deaths have become a crisis affecting all California communities. With Fentanyl use and related overdoses on the rise, cities must ensure they are equipped with the knowledge and resources to combat it in a meaningful way.

The League of California Cities Board of Directors recently approved a key policy statement permitting the support of measures that will assist cities in addressing substance use. Cal Cities held a roundtable discussion with City representatives on March 15, 2023, to discuss issues relating to Fentanyl and share ideas toward increasing awareness within our communities.

Cal Cities has been working closely with legislators to pass laws aimed at addressing the public health crisis of Fentanyl and other substance use.

POLICY CONSISTENCY
It is within the discretion of the City Council to take positions concerning federal and state legislation. The positions being considered can be found consistent with the City's Local Coastal Plan and responsibilities under the California Coastal Act, its Housing Element and interest in ensuring availability of appropriate housing opportunities in the community, and its interest in protecting public health and safety.

G: Dave/CityCouncil/S-Legislative Positions
Legislation Position letters
May 22, 2023

Page 3 ends

FINANCIAL CONSIDERATIONS
Advocacy letters typically will not involve financial analysis; however, various state legislation can have ramifications on City finances. For example, should the state pay what it owes in unfunded mandates related to past state legislation, approximately $200,000 in revenue would come to the City.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's Office has prepared a memorandum analyzing SB 423 that is attached to this report for your Council's consideration.

PRINCIPAL PARTIES EXPECTED AT MEETING
None

ATTACHMENTS
A.

Michael Ramirez, Assistant City Manager
(805) 755-4450, [email protected]
Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G: Dave/CityCou nci 1/S-Legislative Positions

ATTACHMENT A
CITY of CARPINTERIA, cAL1FoRN1A
May 22, 2023
The Honorable Scott Wiener
Chair, Senate Committee on Housing
1021 0 Street, Suite 3330
Sacramento, CA 95814
RE: SB 423 (Wiener) Streamlined housing approvals:
multifamily housing developments: SB 35 (Chapter 366,
Statutes of 2017) Expansion.

Notice of Opposition
Members of the City Council
Al Clark- Mayor
Natalia Alarcon - Vice Mayor
Roy Lee
Wade T. Nomura
Monica Solorzano
Dear Senator Wiener:

The City of Carpinteria writes to express our opposition to your measure, SB 423, which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the January 1, 2026 sunset date.

On any given day, newspaper headlines in California and across the nation are highlighting the state's growing housing supply and affordability crisis. Seven in ten Californians view housing affordability as one of the top problems in their community, and there is growing concern from residents that housing prices are so expensive, younger generations will be priced out of ever being able to buy a home.

Carpinteria intimately understands this crisis as it plays out in our community every day. Local leaders are working to find creative solutions so homes of all income levels can be built. They're taking on these difficult and complex tasks, and in many cases successfully planning for more than

2.5 million new homes statewide, all while navigating the state's annual barrage of overreaching housing bills that have thus far demonstrated limited success.

SB 423 is the latest overreaching bill. This measure would double-down on the recent trend of the state to override its own mandated local housing plans by forcing cities to approve certain housing projects without regard for the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Also, public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development.

The City of Carpinteria has a certified Local Coastal Plan and has demonstrated through its history that it is best situated, in partnership with the California Coastal Commission, to make determinations to ensure development that occurs is consistent with the California Coastal Act.

Protecting unique local resources and affordable access to the coast is a responsibility the City takes seriously. Contrary to this, SB 423 would seem an attempt to trump the Coastal Act and 5775 CARPINTERIA AVENUE• CARPINTERIA, CA 93013-2603
(805) 684-5405 • FAX (805) 684-5304
www.carpinteria.ca.us
Opposition to SB 423
May 22, 2013

Page 2 ends

allow developers to destroy coastal resources and prevent Californians from enjoying affordable access to Carpinteria's beaches and coastal open spaces.

Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. That's why the League of California Cities is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development. Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process. What is really needed is a sustainable state investment that matches the scale of this long-term crisis.

For these reasons, the City of Carpinteria respectfully opposes your measure, Sincerely,
Al Clark, Mayor
City of Carpinteria
Cc: Senator Monique Limon and Assembly Member Greg Hart Dave Mullinax, Cal Cities Regional Public Affairs Manager (via email) League of California Cities (Via email: [email protected]) 5775 CARPINTERIA A VENUE• CARPINTERIA, CA 93013-2603
(805) 684-5405 • FAX (805) 684-5304
www.carpinteria.ca.us
CITY of CARPINTERIA, cALIFoRNIA
May 22, 2023
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814
The Honorable Nancy Skinner
Chair, Senate Budget and Fiscal Review Committee
1021 0 Street, Suite 8630
Sacramento, CA 95814
The Honorable Roger Niello
Vice Chair, Senate Budget and Fiscal Review Committee
1021 0 Street, Suite 7110
Sacramento, CA 95814
The Honorable Philip Ting
Chair, Assembly Budget Committee
1021 0 Street, Suite 8230
Sacramento, CA 95814
The Honorable Vince Fong
Vice Chair, Assembly Budget Committee
1021 0 Street, Suite 4630
Sacramento, CA 95814
Members of the City Council
Al Clark-Mayor
Natalia Alarcon - Vice Mayor
Roy Lee
Wade T. Nomura
Monica Solorzano
Dear Senator Skinner, Senator Niello, Assembly Member Ting, and Assembly Member Fong:

In the spirit of a strong state and local government partnership that benefits all Californians, the City of Carpinteria respectfully calls on the state and lawmakers to take action to bolster local government efforts to support our most vulnerable residents and ensure California's economic strength.

City officials are on the front lines delivering essential services to more than 80% of the state's residents. They rely on collaborative partnerships with the state and other organizations to meet the challenges facing our communities. Every day, local leaders are connecting individuals experiencing homelessness with wraparound services, delivering permanent supportive housing, and jumpstarting the construction of affordable housing in their communities. Clearly there's more work to do and that requires additional resources.

The City of Carpinteria calls on the Legislature to make a permanent funding stream of $3 billion annually for cities to help more Californians find homes and prevent more Californians from having to live on the streets, under bridges, or in their cars. 5775 CARPINTERIA A VENUE• CARPINTERIA, CA 93013-2603
(805) 684-5405 • FAX (805) 684-5304
www.carpinteria.ca. us
Dedicated State Revenue for Housing
May 22, 2013

Page 2 ends

Tougher fiscal times can exacerbate the challenges our communities face by contributing to a downturn in the production of affordable housing, an increase in the struggle for resources for unhoused residents, and ever-increasing economic inequity. In the face of another potential recession, we cannot afford for these gaps to widen.

An ongoing $3 billion investment from the state can spur much-needed housing production, ensure that thousands more Californians experiencing homelessness get the support they need, and more importantly, prevent thousands more from losing their homes. This funding will further our statelocal partnership to advance practical, data-driven, and effective strategies to two of the state's biggest challenges.

The City of Carpinteria works collaboratively with the County of Santa Barbara Continuum of Care, service providers, and local volunteers, to address homelessness in Carpinteria. In addition, the City is working on various anti-displacement initiatives to prevent homelessness. While these efforts have had some success in mitigating homelessness, there remains a desperate need for appropriate housing and supportive services.

It is also time for the state to finally pay down its growing backlog of unreimbursed claims - nearly $1 billion - owed to local governments for state-mandated programs. The vitality of local governments is dependent upon fiscal stability, and local governments rely on the state to reimburse them in a timely manner for costs related to delivering a wide range of state-mandated programs.

Equally important, the City of Carpinteria strongly opposes any action that would reduce or eliminate funding for local governments as a short-term solution to balance the 2023-24 state budget. Diverting funding would only compound cities' financial challenges and jeopardize the delivery of critical resources to our most vulnerable residents.

We look forward to engaging with you to realize an even stronger partnership for the benefit of all Californians.

Sincerely,
Al Clark, Mayor
City of Carpinteria
Cc: Senator Monique Limon and Assembly Member Greg Hart Dave Mullinax, Cal Cities Regional Public Affairs Manager (via email) League of California Cities (Via email: [email protected]) 5775 CARPINTERIA AVENUE• CARPINTERIA, CA 93013-2603
(805) 684-5405 • FAX (805) 684-5304
www.carpinteria.ca.us
CITY of CARPINTERIA, CALIFORNIA
May 22, 2023
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
Honorable Anthony Rendon
Speaker, Cal. Assembly
1021 0 Street, Suite 8330
Sacramento, CA 95814
Honorable James Gallagher
Republican Leader, Assembly
1021 0 Street, Ste. 4740
Sacramento, CA 958
Members of the City Council
Al Clark - Mayor
Natalia Alarcon - Vice Mayor
Roy Lee
Wade T. Nomura
Monica Solorzano
RE: Action Needed on Fentanyl and Substance Use-Related Legislation Dear Speaker Rendon and Assembly Republican Leader Gallagher, The City of Carpinteria supports the League of California Cities (Cal Cities) collaborative work with the State legislature on this important issue and thanks you for your ongoing leadership in moving legislation forward to address the current Fentanyl and substance use-related public health crisis.

The City of Carpinteria also understands that there remain two bills supported by Cal Cities that were held for study and will not advance in the current legislative year. The first would increase penalties for those who sell Fentanyl over social media, and another would increase sentences for those who kill or injure through Fentanyl poisoning.

Cities are committed to enacting legislative solutions that strike an appropriate balance between community justice and public safety; however, delaying additional legislative action another year will undoubtably result in many more lives lost. Constituents throughout California are relying on their legislators to act swiftly. Fentanyl poisonings and the rising death toll illustrate a complex issue that requires a multi-faceted and collaborative approach.

We also join Cal Cities in supporting additional funding and resources to address the substance use crisis through appropriate prevention and intervention efforts, educational awareness campaigns, and increased access to life-saving overdose treatment aids such as naloxone. Cities not only welcome increased collaboration with our state and federal partners but we truly require it in order to meaningfully address the Fentanyl crisis facing our communities. For these reasons, we join Cal Cities in calling on the Legislature to thoughtfully deliberate on and provide solutions for one of the most pressing issues of our time.

ATTACHMENT B
AMENDED IN SENATE MARCH 28, 2023
SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Senator Hurtado)
(Coauthor: Assembly Member Grayson)
February I 3, 2023
An act to amend Section 65913.4 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST
SB 423, as amended, Wiener. Land use: streamlined housing approvals: multifamily housing developments.

Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Existing law repeals these provisions on January I, 2026.

This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state. The bill would 98 SB 423 -2-
delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely.

This bill would modify the above-described objective planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zone, and by providing an alternative definition for "affordable housing costs" for a development that dedicates I 00% ofunits, exclusive of a manager's unit or units, to lower income households. The bill would, among other modifications, delete the objective planning standards requiring development proponents to pay at least the general prevailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a development proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would specify that the requirements to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.

This bill would define "objeetive planning standards" to exclude specified standards, ineluding local building eodes, fire codes, other eodes requiring detailed teehnieal specifieations, and standards that are not reasonably aseertainable by the loeal government within speeified time limits, as deseribed.

Existing law requires a local government to approve a development if the local government determines the development is consistent with the objective planning standards. Existing law requires, if the local government determines a submitted development is in conflict with any of the objective planning standards, the local government to provide the development proponent written documentation of the standards the development conflicts with and an explanation for the conflict within certain time lines depending on the size of the development. Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes specified written findings.

This bill would instead require approval if a local government's planning director or any equivalent loeal government staff, including 98 -3- SB 423
all relevant planning and permitting departments, equivalent position determines the development is consistent with the objective planning standards. The bill would make conforming changes. The bill would require all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement to also comply with the above-described streamlined approval requirements within specified time periods. The bill would prohibit a local government from requiring a development proponent to provide consultant studies, as described, or other studies requiring, prior to approving a development that meets the requirements of the above-described streamlining provisions, compliance with any standards necessary to receive a postentitlement permit or studies, information, or other materials that arc unnecessary to ascertain consistency do not pertain directly to determining whether the development is consistent with the objective planning standards. standards applicable to the development.

The bill would, for purposes of these provisions, establish that the total number of units in a development includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.

Existing law authorizes the local government's planning commission or any equivalent board or commission responsible for review and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.

This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government's planning commission or any equivalent board or commission responsible for design review.

By imposing additional duties on local officials, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.
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Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares that it has 2 provided reforms and incentives to facilitate and expedite the 3 construction of affordable housing. Those reforms and incentives 4 can be found in the following provisions:
5 (a) Housing element law (Article 10.6 ( commencing with 6 Section 65580) of Chapter 3 of Division 1 of Title 7 of the 7 Government Code).
8 (b) Extension of statute of limitations in actions challenging the 9 housing element and brought in support of affordable housing 10 (subdivision (d) of Section 65009 of the Government Code). 11 (c) Restrictions on disapproval of housing developments 12 (Section 65589.5 of the Government Code).
13 (d) Priority for affordable housing in the allocation of water and 14 sewer hookups (Section 65589.7 of the Government Code). 15 (e) Least cost zoning law (Section 65913.1 of the Government 16 Code).
17 (f) Density Bonus Law (Section 65915 of the Government 18 Code).
19 (g) Accessory dwelling units (Sections 65852.150 and 65852.2 20 of the Government Code).
21 (h) By-right housing, in which certain multifamily housing is 22 designated a permitted use (Section 65 5 89 .4 of the Government 23 Code).
24 (i) No-net-loss-in zoning density law limiting downzonings and 25 density reductions (Section 65863 of the Government Code). 26 U) Requiring persons who sue to halt affordable housing to pay 27 attorney's fees (Section 65914 of the Government Code) or post 28 a bond (Section 529.2 of the Code of Civil Procedure). 29 (k) Reduced time for action on affordable housing applications 30 under the approval of development permits process (Article 5 31 ( commencing with Section 65950) of Chapter 4.5 of Division 1 32 of Title 7 of the Government Code).
33 (!) Limiting moratoriums on multifamily housing (Section 65858 34 of the Government Code).
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l (m) Prohibiting discrimination against affordable housing 2 (Section 65008 of the Government Code).
3 (n) California Fair Employment and Housing Act (Part 2.8 4 (commencing with Section 12900) of Division 3 of Title 2 of the 5 Government Code).
6 ( o) Community Redevelopment Law (Part l ( commencing with 7 Section 33000) of Division 24 of the Health and Safety Code, and 8 in particular Sections 33334.2 and 33413 of the Health and Safety 9 Code).
l 0 (p) Streamlining housing approvals during a housing shortage 11 (Section 65913.4 of the Government Code).
12 (q) Housing sustainability districts (Chapter 11 (commencing 13 with Section 66200) of Division 1 of Title 7 of the Government 14 Code).
15 (r) Streamlining agricultural employee housing development 16 approvals (Section 17021.8 of the Health and Safety Code). 17 (s) The Housing Crisis Act of 2019 (Senate Bill 330 (Chapter 18 654 of the Statutes of 2019)).
19 (t) Allowing four units to be built on single-family parcels 20 statewide (Senate Bill 9 (Chapter 162 of Statutes of 2021)). 21 (u) The Middle Class Housing Act of 2022 (Section 65852.24 22 of the Government Code).
23 ts:}
24 (v) Affordable Housing and High Road Jobs Act of 2022 25 (Chapter 4.1 ( commencing with Section 65912.100) of Division 26 l of Title 7 of the Government Code).
27 SEC. 2. Section 65913.4 of the Government Code is amended 28 29
30 31
32 33
34 35
36 37
38 39
to read:
65913.4. (a) A development proponent may submit an
application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (c) and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with subdivision (b) and satisfies all of the following objective planning standards:
(1) The development is a multifamily housing development that contains two or more residential units.
(2) The development and the site on which it is located satisfy all of the following:
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1 (A) It is a legal parcel or parcels located in a city if, and only 2 if, the city boundaries include some portion of either an urbanized 3 area or urban cluster, as designated by the United States Census 4 Bureau, or, for unincorporated areas, a legal parcel or parcels 5 wholly within the boundaries of an urbanized area or urban cluster, 6 as designated by the United States Census Bureau.
7 (B) At least 75 percent of the perimeter of the site adjoins parcels 8 that are developed with urban uses. For the purposes of this section, 9 parcels that are only separated by a street or highway shall be 10 considered to be adjoined.
11 (C) (i) A site that meets the requirements of clause (ii) and 12 satisfies any of the following:
13 (I) The site is zoned for residential use or residential mixed-use 14 development.

I 5 (II) The site has a general plan designation that allows residential 16 use or a mix of residential and nonresidential uses. 17 (III) The site is zoned for office or retail commercial use and 18 meets the requirements of Section 65852.24.
19 (ii) At least two-thirds of the square footage of the development 20 is designated for residential use. Additional density, floor area, 21 and units, and any other concession, incentive, or waiver of 22 development standards granted pursuant to the Density Bonus Law 23 in Section 65915 shall be included in the square footage 24 calculation. The square footage of the development shall not 25 include underground space, such as basements or underground 26 parking garages.
27 (3) (A) The development proponent has committed to record, 28 prior to the issuance of the first building permit, a land use 29 restriction or covenant providing that any lower or moderate 30 income housing units required pursuant to subparagraph (B) of 31 paragraph ( 4) shall remain available at affordable housing costs 32 or rent to persons and families of lower or moderate-income for 33 no less than the following periods of time:
34 (i) Fifty-five years for units that are rented.
35 (ii) Forty-five years for units that are owned.
36 (8) The city or county shall require the recording of covenants 37 or restrictions implementing this paragraph for each parcel or unit 38 of real property included in the development.
39 ( 4) The development satisfies clause (i) or (ii) of subparagraph 40 (A) and satisfies subparagraph (B) below:
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1 (A) (i) For a development located in a locality that is in its sixth 2 or earlier housing element cycle, the development is located in 3 either of the following:
4 (I) In a locality that the department has determined is subject 5 to this clause on the basis that the number of units that have been 6 issued building permits, as shown on the most recent production 7 report received by the department, is less than the locality's share 8 of the regional housing needs, by income category, for that 9 reporting period. A locality shall remain eligible under this 10 subclause until the department's determination for the next 11 reporting period.
12 (II) In a locality that the department has determined is subject 13 to this clause on the basis that the locality did not adopt a housing 14 element that has been found in substantial compliance with housing 15 element law (Article 10.6 ( commencing with Section 65580) of 16 Chapter 3) by the department. A locality shall remain eligible under 17 this subclause until such time as the locality adopts a housing I 8 element that has been found in substantial compliance with housing 19 element law (Article I 0.6 (commencing with Section 65580) of 20 Chapter 3) by the department.
21 (ii) For a development located in a locality that is in its seventh 22 or later housing element cycle, is located in a locality that the 23 department has determined is subject to this clause on the basis 24 that the locality did not adopt a housing element that has been 25 found in substantial compliance with housing element law (Article 26 10.6 (commencing with Section 65580) of Chapter 3) by the 27 department by the statutory deadline, or that the number of units 28 that have been issued building permits, as shown on the most recent 29 production report received by the department, is less than the 30 locality's share of the regional housing needs, by income category, 31 for that reporting period. A locality shall remain eligible under 32 this subparagraph until the department's determination for the next 33 reporting period.
34 (B) The development is subject to a requirement mandating a 35 minimum percentage of below market rate housing based on one 36 of the following:
37 (i) The locality did not adopt a housing element pursuant to 38 Section 65588 that has been found in substantial compliance with 39 the housing element law (Article 10.6 (commencing with Section 40 65580) of Chapter 3) by the department, did not submit its latest 98 SB 423 -8-
l production report to the department by the time period required 2 by Section 65400, or that production report submitted to the 3 department reflects that there were fewer units of above 4 moderate-income housing issued building permits than were 5 required for the regional housing needs assessment cycle for that 6 reporting period. In addition, if the project contains more than l 0 7 units of housing, the project does either of the following:
8 (I) The project dedicates a minimum of 10 percent of the total 9 number of units, before calculating any density bonus, to housing l 0 affordable to households making at or below 80 percent of the area 11 median income. However, if the locality has adopted a local 12 ordinance that requires that greater than 10 percent of the units be 13 dedicated to housing affordable to households making below 80 14 percent of the area median income, that local ordinance applies. 15 (II) (ia) If the project is located within the San Francisco Bay 16 area, the project, in lieu of complying with subclause (I), dedicates 17 20 percent of the total number of units, before calculating any 18 density bonus, to housing affordable to households making below 19 120 percent of the area median income with the average income 20 of the units at or below l 00 percent of the area median income. 21 However, a local ordinance adopted by the locality applies if it 22 requires greater than 20 percent of the units be dedicated to housing 23 affordable to households making at or below 120 percent of the 24 area median income, or requires that any of the units be dedicated 25 at a level deeper than 120 percent. In order to comply with this 26 subclause, the rent or sale price charged for units that are dedicated 27 to housing affordable to households between 80 percent and 120 28 percent of the area median income shall not exceed 30 percent of 29 the gross income of the household.
30 (ib) For purposes of this subclause, "San Francisco Bay area" 31 means the entire area within the territorial boundaries of the 32 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, 33 Santa Clara, Solano, and Sonoma, and the City and County of San 34 Francisco.
35 (ii) The locality's latest production report reflects that there 36 were fewer units of housing issued building permits affordable to 37 either very low income or low-income households by income 38 category than were required for the regional housing needs 39 assessment cycle for that reporting period, and the project seeking 40 approval dedicates 50 percent of the total number of units, before 98 -9- SB 423
1 calculating any density bonus, to housing affordable to households 2 making at or below 80 percent of the area median income. 3 However, if the locality has adopted a local ordinance that requires 4 that greater than 50 percent of the units be dedicated to housing 5 affordable to households making at or below 80 percent of the area 6 median income, that local ordinance applies.
7 (iii) The locality did not submit its latest production report to 8 the department by the time period required by Section 65400, or 9 if the production report reflects that there were fewer units of 10 housing affordable to both income levels described in clauses (i) 11 and (ii) that were issued building permits than were required for 12 the regional housing needs assessment cycle for that reporting 13 period, the project seeking approval may choose between utilizing 14 clause (i) or (ii).
15 (C) (i) A development proponent that uses a unit of affordable 16 housing to satisfy the requirements of subparagraph (B) may also 17 satisfy any other local or state requirement for affordable housing, 18 including local ordinances or the Density Bonus Law in Section 19 65915, provided that the development proponent complies with 20 the applicable requirements in the state or local law. If a local 21 requirement for affordable housing requires units that are restricted 22 to households with incomes higher than the applicable income 23 limits required in subparagraph (B), then units that meet the 24 applicable income limits required in subparagraph (B) shall be 25 deemed to satisfy those local requirements for higher income units. 26 (ii) A development proponent that uses a unit of affordable 27 housing to satisfy any other state or local affordability requirement 28 may also satisfy the requirements of subparagraph (B), provided 29 that the development proponent complies with applicable 30 requirements of subparagraph (B).
31 (iii) A development proponent may satisfy the affordability 32 requirements of subparagraph (B) with a unit that is restricted to 33 households with incomes lower than the applicable income limits 34 required in subparagraph (B).
35 (D) The amendments to this subdivision made by the act adding 36 this subparagraph do not constitute a change in, but are declaratory 37 of, existing law.
38 (5) The development, excluding any additional density or any 39 other concessions, incentives, or waivers of development standards 40 for which the development is eligible pursuant to the Density Bonus 98 SB 423 -10-
1 Law in Section 65915, is consistent with objective zoning 2 standards, objective subdivision standards, and objective design 3 review standards in effect at the time that the development is 4 submitted to the local government pursuant to this section, or at 5 the time a notice of intent is submitted pursuant to subdivision (b ), 6 whichever occurs earlier. For purposes of this paragraph, "objective 7 zoning standards," "objective subdivision standards," and 8 "objective design review standards" mean standards that involve 9 no personal or subjective judgment by a public official and are 10 uniformly verifiable by reference to an external and uniform 11 benchmark or criterion available and knowable by both the 12 development applicant or proponent and the public official before 13 submittal. These standards may be embodied in alternative 14 objective land use specifications adopted by a city or county, and 15 may include, but are not limited to, housing overlay zones, specific 16 plans, inclusionary zoning ordinances, and density bonus 17 ordinances, subject to the following:
18 (A) A development shall be deemed consistent with the objective 19 zoning standards related to housing density, as applicable, if the 20 density proposed is compliant with the maximum density allowed 21 within that land use designation, notwithstanding any specified 22 maximum unit allocation that may result in fewer units of housing 23 being permitted.
24 (B) In the event that objective zoning, general plan, subdivision, 25 or design review standards are mutually inconsistent, a 26 development shall be deemed consistent with the objective zoning 27 and subdivision standards pursuant to this subdivision if the 28 development is consistent with the standards set forth in the general 29 plan.
30 (C) It is the intent of the Legislature that the objective zoning 31 standards, objective subdivision standards, and objective design 32 review standards described in this paragraph be adopted or 33 amended in compliance with the requirements of Chapter 905 of 34 the Statutes of 2004.
35 (D) The amendments to this subdivision made by the act adding 36 this subparagraph do not constitute a change in, but are declaratory 3 7 of, existing law.
38 (E) A project that satisfies the requirements of Section 65852.24 39 shall be deemed consistent with objective zoning standards, 40 objective design standards, and objective subdivision standards if 98 -11- SB 423
1 the project is consistent with the provisions of subdivision (b) of 2 Section 65852.24 and if none of the square footage in the project 3 is designated for hotel, motel, bed and breakfast inn, or other 4 transient lodging use, except for a residential hotel. For purposes 5 of this subdivision, "residential hotel" shall have the same meaning 6 as defined in Section 50519 of the Health and Safety Code. 7 (6) The development is not located on a site that is any of the 8 following:
9 (A) Either prime farmland or farmland of statewide importance, 10 as defined pursuant to United States Department of Agriculture 11 land inventory and monitoring criteria, as modified for California, 12 and designated on the maps prepared by the Farm land Mapping 13 and Monitoring Program of the Department of Conservation, or 14 land zoned or designated for agricultural protection or preservation 15 by a local ballot measure that was approved by the voters of that 16 jurisdiction.
17 (B) Wetlands, as defined in the United States Fish and Wildlife 18 Service Manual, Part 660 FW 2 (June 21, 1993), unless the 19 development within the wetlands has been authorized by a permit 20 or other approval issued pursuant to federal or other state law. 21 (C) Within a very high fire hazard severity zone, as determined 22 by the Department of Forestry and Fire Protection pursuant to 23 Section 51178, or within a high or very high fire hazard severity 24 zone as indicated on maps adopted by the Department of Forestry 25 and Fire Protection pursuant to Section 4202 of the Public 26 Resources Code. This subparagraph does not apply to sites 27 excluded from the specified hazard zones by a local agency, 28 pursuant to subdivision (b) of Section 51179, or sites that have 29 adopted fire hazard mitigation measures pursuant to existing 30 building standards or state fire mitigation measures applicable to 31 the development.
32 (D) A hazardous waste site that is listed pursuant to Section 33 65962.5 or a hazardous waste site designated by the Department 34 of Toxic Substances Control pursuant to Section 25356 of the 35 Health and Safety Code, unless either of the following apply:
36 (i) The site is an underground storage tank site that received a 37 uniform closure letter issued pursuant to subdivision (g) of Section 38 25296.10 of the Health and Safety Code based on closure criteria 39 established by the State Water Resources Control Board for 40 residential use or residential mixed uses. This section does not 98 SB 423 -12-
1 2
3 4
5 6
7 8 residential mixed uses.
9 (E) Within a delineated earthquake fault zone as determined by 10 the State Geologist in any official maps published by the State 11 Geologist, unless the development complies with applicable seismic 12 protection building code standards adopted by the California 13 Building Standards Commission under the California Building 14 Standards Law (Part 2.5 ( commencing with Section 18901) of 15 Division 13 of the Health and Safety Code), and by any local 16 building department under Chapter 12.2 ( commencing with Section 17 8875) of Division 1 of Title 2.
18 (F) Within a special flood hazard area subject to inundation by 19 the 1 percent annual chance flood (100-year flood) as determined 20 by the Federal Emergency Management Agency in any official 21 maps published by the Federal Emergency Management Agency. 22 If a development proponent is able to satisfy all applicable federal 23 qualifying criteria in order to provide that the site satisfies this 24 subparagraph and is otherwise eligible for streamlined approval 25 under this section, a local government shall not deny the application 26 on the basis that the development proponent did not comply with 27 any additional permit requirement, standard, or action adopted by 28 that local government that is applicable to that site. A development 29 may be located on a site described in this subparagraph if either 30 of the following are met:
31 (i) The site has been subject to a Letter of Map Revision 32 prepared by the Federal Emergency Management Agency and 33 issued to the local jurisdiction.
34 (ii) The site meets Federal Emergency Management Agency 35 requirements necessary to meet minimum flood plain management 36 criteria of the National Flood Insurance Program pursuant to Part 37 59 (commencing with Section 59.1) and Part 60 (commencing 38 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the 39 Code of Federal Regulations.
alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5. (ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or 98 -13- SB 423
I (G) Within a regulatory floodway as determined by the Federal 2 Emergency Management Agency in any official maps published 3 by the Federal Emergency Management Agency, unless the 4 development has received a no-rise certification in accordance 5 with Section 60.3(d)(3) of Title 44 of the Code of Federal 6 Regulations. If a development proponent is able to satisfy all 7 applicable federal qualifying criteria in order to provide that the 8 site satisfies this subparagraph and is otherwise eligible for 9 streamlined approval under this section, a local government shall 10 not deny the application on the basis that the development 11 proponent did not comply with any additional permit requirement, 12 standard, or action adopted by that local government that is 13 applicable to that site.
14 (H) Lands identified for conservation in an adopted natural 15 community conservation plan pursuant to the Natural Community 16 Conservation Planning Act (Chapter 10 ( commencing with Section 17 2800) of Division 3 of the Fish and Game Code), habitat 18 conservation plan pursuant to the federal Endangered Species Act 19 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural 20 resource protection plan.
21 (I) Habitat for protected species identified as candidate, 22 sensitive, or species of special status by state or federal agencies, 23 fully protected species, or species protected by the federal 24 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), 25 the California Endangered Species Act (Chapter 1.5 ( commencing 26 with Section 2050) of Division 3 of the Fish and Game Code), or 27 the Native Plant Protection Act (Chapter 10 ( commencing with 28 Section 1900) of Division 2 of the Fish and Game Code), unless 29 the development within the habitat has been authorized by a permit 30 or approval issued pursuant to federal or other state law. 31 (J) Lands under conservation easement.
32 (7) The development is not located on a site where any of the 33 following apply:
34 (A) The development would require the demolition of the 35 following types of housing:
36 (i) Housing that is subject to a recorded covenant, ordinance, 37 or law that restricts rents to levels affordable to persons and 38 families of moderate, low, or very low income.
39 (ii) Housing that is subject to any form of rent or price control 40 through a public entity's valid exercise of its police power. 98 SB 423 -14-
l (iii) Housing that has been occupied by tenants within the past 2 10 years.
3 (B) The site was previously used for housing that was occupied 4 by tenants that was demolished within l 0 years before the 5 development proponent submits an application under this section. 6 (C) The development would require the demolition ofa historic 7 structure that was placed on a national, state, or local historic 8 register.
9 (D) The property contains housing units that are occupied by 10 tenants, and units at the property are, or were, subsequently offered I I for sale to the general public by the subdivider or subsequent owner 12 of the property.
13 (8) Except as provided in paragraph (9), a proponent of a 14 development project approved by a local government pursuant to 15 this section shall require in contracts with construction contractors, 16 and shall certify to the local government, that the following 17 standards specified in this paragraph will be met in project 18 construction, as applicable:
19 (A) A development that is not in its entirety a public work for 20 purposes of Chapter l ( commencing with Section 1720) of Part 7 21 of Division 2 of the Labor Code and approved by a local 22 government pursuant to Article 2 ( commencing with Section 23 65912.110) or Article 3 ( commencing with Section 65912.120) 24 shall be subject to all of the following:
25 (i) All construction workers employed in the execution of the 26 development shall be paid at least the general prevailing rate of 27 per diem wages for the type of work and geographic area, as 28 determined by the Director of Industrial Relations pursuant to 29 Sections 1773 and 1773.9 of the Labor Code, except that 30 apprentices registered in programs approved by the Chief of the 31 Division of Apprenticeship Standards may be paid at least the 32 applicable apprentice prevailing rate.
33 (ii) The development proponent shall ensure that the prevailing 34 wage requirement is included in all contracts for the performance 35 of the work for those portions of the development that are not a 36 public work.
37 (iii) All contractors and subcontractors for those portions of the 38 development that are not a public work shall comply with both of 39 the following:
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l (I) Pay to all construction workers employed in the execution 2 of the work at least the general prevailing rate of per diem wages, 3 except that apprentices registered in programs approved by the 4 Chief of the Division of Apprenticeship Standards may be paid at 5 least the applicable apprentice prevailing rate.
6 (II) Maintain and verify payroll records pursuant to Section 7 1776 of the Labor Code and make those records available for 8 inspection and copying as provided in that section. This subclause 9 does not apply if all contractors and subcontractors performing 10 work on the development are subject to a project labor agreement 11 that requires the payment of prevailing wages to all construction 12 workers employed in the execution of the development and 13 provides for enforcement of that obligation through an arbitration 14 procedure. For purposes of this subclause, "project labor 15 agreement" has the same meaning as set forth in paragraph ( 1) of 16 subdivision (b) of Section 2500 of the Public Contract Code. 17 (8) (i) The obligation of the contractors and subcontractors to 18 pay prevailing wages pursuant to this paragraph may be enforced 19 by any of the following:
20 (I) The Labor Commissioner through the issuance of a civil 21 wage and penalty assessment pursuant to Section 1741 of the Labor 22 Code, which may be reviewed pursuant to Section 1742 of the 23 Labor Code, within 18 months after the completion of the 24 development.
25 (II) An underpaid worker through an administrative complaint 26 or civil action.
27 (III) A joint labor-management committee through a civil action 28 under Section 1771.2 of the Labor Code.
29 30
31 32
33 34
35 36
37 38
39 40
(ii) If a civil wage and penalty assessment is issued pursuant to this paragraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iii) This paragraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, "project labor agreement" has the same meaning as set forth in 98 SB 423 -16-
1 paragraph (1) of subdivision (b) of Section 2500 of the Public 2 Contract Code.
3 (C) Notwithstanding subdivision ( c) of Section 1773 .1 of the 4 Labor Code, the requirement that employer payments not reduce 5 the obligation to pay the hourly straight time or overtime wages 6 found to be prevailing does not apply to those portions of 7 development that are not a public work if otherwise provided in a 8 bona fide collective bargaining agreement covering the worker. 9 (D) The requirement of this paragraph to pay at least the general 10 prevailing rate of per diem wages does not preclude use of an 11 alternative workweek schedule adopted pursuant to Section 511 12 or 514 of the Labor Code.
13 (E) A development of 50 or more housing units approved by a 14 local government pursuant to this section shall meet all of the 15 following labor standards:
16 (i) The development proponent shall require in contracts with 17 construction contractors and shall certify to the local government 18 that each contractor of any tier who will employ construction craft 19 employees or will let subcontracts for at least 1,000 hours shall 20 satisfy the requirements in clauses (ii) and (iii). A construction 21 contractor is deemed in compliance with clauses (ii) and (iii) if it 22 is signatory to a valid collective bargaining agreement that requires 23 utilization of registered apprentices and expenditures on health 24 care for employees and dependents.
25 (ii) A contractor with construction craft employees shall either 26 participate in an apprenticeship program approved by the California 27 Division of Apprenticeship Standards pursuant to Section 3075 of 28 the Labor Code, or request the dispatch of apprentices from a 29 state-approved apprenticeship program under the terms and 30 conditions set forth in Section 1777.5 of the Labor Code. A 31 32
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contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause.
(iii) Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft 98 -17- SB 423
1 employees shall show a contractual obligation that its 2 subcontractors comply with this clause. Qualifying expenditures 3 shall be credited toward compliance with prevailing wage payment 4 requirements set forth in this paragraph.
5 (iv) (I) The development proponent shall provide to the local 6 government, on a monthly basis while its construction contracts 7 on the development are being performed, a report demonstrating 8 compliance with clauses (ii) and (iii). The reports shall be 9 considered public records under the California Public Records Act 10 (Division 10 (commencing with Section 7920.000) of Title 1), and 11 shall be open to public inspection.
12 (II) A development proponent that fails to provide the monthly 13 report shall be subject to a civil penalty for each month for which 14 the report has not been provided, in the amount of 10 percent of 15 the dollar value of construction work performed. by that contractor 16 on the development in the month in question, up to a maximum 17 of ten thousand dollars ($10,000). Any contractor or subcontractor 18 that fails to comply with clauses (ii) and (iii) shall be subject to a 19 civil penalty of two hundred dollars ($200) per day for each worker 20 employed in contravention of clauses (ii) and (iii). 21 (III) Penalties may be assessed by the Labor Commissioner 22 within 18 months of completion of the development using the 23 procedures for issuance of civil wage and penalty assessments 24 specified in Section 1741 of the Labor Code, and may be reviewed 25 pursuant to Section 1742 of the Labor Code. Penalties shall be 26 deposited in the State Public Works Enforcement Fund established 27 pursuant to Section 1771.3 of the Labor Code.
28 (v) Each construction contractor shall maintain and verify 29 payroll records pursuant to Section 1776 of the Labor Code. Each 30 construction contractor shall submit payroll records directly to the 31 Labor Commissioner at least monthly in a format prescribed by 32 the Labor Commissioner in accordance with subparagraph (A) of 33 paragraph (3) of subdivision (a) of Section 1771.4 of the Labor 34 Code. The records shall include a statement of fringe benefits. 35 Upon request by a joint labor-management cooperation committee 36 established pursuant to the Federal Labor Management Cooperation 37 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided 38 pursuant to subdivision (e) of Section 1776 of the Labor Code. 39 (vi) All construction contractors shall report any change in 40 apprenticeship program participation or health care expenditures 98 SB 423 -18-
1 to the local government within 10 business days, and shall reflect 2 those changes on the monthly report. The reports shall be 3 considered public records pursuant to the California Public Records 4 Act (Division 10 ( commencing with Section 7920.000) of Title 1) 5 and shall be open to public inspection.
6 (vii) A joint labor-management cooperation committee
7 established pursuant to the Federal Labor Management Cooperation 8 Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a 9 construction contractor for failure to make health care expenditures 10 pursuant to clause (iii) in accordance with Section 218.7 or 218.8 11 of the Labor Code.
12 (9) Notwithstanding paragraph (8), a development that is subject 13 to approval pursuant to this section is exempt from any requirement 14 to pay prevailing wages, use a workforce participating in an 15 apprenticeship, or provide health care expenditures if it satisfies 16 both of the following:
17 (A) The project consists of 10 or fewer units.
18 (B) The project is not a public work for purposes of Chapter 1 19 (commencing with Section 1720) of Part 7 of Division 2 of the 20 Labor Code.
21 ( I 0) The development shall not be upon an existing parcel of 22 land or site that is governed under the Mobilehome Residency Law 23 (Chapter 2.5 ( commencing with Section 798) of Title 2 of Part 2 24 of Division 2 of the Civil Code), the Recreational Vehicle Park 25 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) 26 of Title 2 of Part 2 of Division 2 of the Civil Code), the 27 Mobilehome Parks Act (Part 2.1 ( commencing with Section 18200) 28 of Division 13 of the Health and Safety Code), or the Special 29 Occupancy Parks Act (Part 2.3 ( commencing with Section 18860) 30 of Division 13 of the Health and Safety Code).
31 (b) (I) (A) (i) Before submitting an application for a 32 development subject to the streamlined, ministerial approval 33 process described in subdivision (c), the development proponent 34 shall submit to the local government a notice of its intent to submit 35 an application. The notice of intent shall be in the form of a 36 preliminary application that includes all of the information 37 described in Section 65941.1, as that section read on January 1, 38 2020.
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(ii) Upon receipt of a notice of intent to submit an application described in clause (i), the local government shall engage in a 98 -19- SB 423
1 scoping consultation regarding the proposed development with 2 any California Native American tribe that is traditionally and 3 culturally affiliated with the geographic area, as described in 4 Section 21080.3 .1 of the Public Resources Code, of the proposed 5 development. In order to expedite compliance with this subdivision, 6 the local government shall contact the Native American Heritage 7 Commission for assistance in identifying any California Native 8 American tribe that is traditionally and culturally affiliated with 9 the geographic area of the proposed development.
10 (iii) The timeline for noticing and commencing a scoping 11 consultation in accordance with this subdivision shall be as follows:
12 (I) The local government shall provide a formal notice of a 13 development proponent's notice of intent to submit an application 14 described in clause (i) to each California Native American tribe 15 that is traditionally and culturally affiliated with the geographic 16 area of the proposed development within 30 days of receiving that 17 notice of intent. The formal notice provided pursuant to this 18 subclause shall include all of the following:
19 (ia) A description of the proposed development.
20 (ib) The location of the proposed development.
21 (ic) An invitation to engage in a scoping consultation m 22 accordance with this subdivision.
23 (II) Each California Native American tribe that receives a formal 24 notice pursuant to this clause shall have 30 days from the receipt 25 of that notice to accept the invitation to engage in a scoping 26 consultation.
27 (Ill) If the local government receives a response accepting an 28 invitation to engage in a scoping consultation pursuant to this 29 subdivision, the local government shall commence the scoping 30 consultation within 30 days of receiving that response. 31 (B) The scoping consultation shall recognize that California 32 Native American tribes traditionally and culturally affiliated with 33 a geographic area have knowledge and expertise concerning the 34 resources at issue and shall take into account the cultural 35 significance of the resource to the culturally affiliated California 36 Native American tribe.
37 (C) The parties to a scoping consultation conducted pursuant 38 to this subdivision shall be the local government and any California 39 Native American tribe traditionally and culturally affiliated with 40 the geographic area of the proposed development. More than one 98 SB 423 -20-
I California Native American tribe traditionally and culturally 2 affiliated with the geographic area of the proposed development 3 may participate in the scoping consultation. However, the local 4 government, upon the request of any California Native American 5 tribe traditionally and culturally affiliated with the geographic area 6 of the proposed development, shall engage in a separate scoping 7 consultation with that California Native American tribe. The 8 development proponent and its consultants may participate in a 9 scoping consultation process conducted pursuant to this subdivision IO if all of the following conditions are met:
11 (i) The development proponent and its consultants agree to 12 respect the principles set forth in this subdivision. 13 (ii) The development proponent and its consultants engage in 14 the scoping consultation in good faith.
15 (iii) The California Native American tribe participating in the 16 scoping consultation approves the participation of the development 17 proponent and its consultants. The California Native American 18 tribe may rescind its approval at any time during the scoping 19 consultation, either for the duration of the scoping consultation or 20 with respect to any particular meeting or discussion held as part 21 of the scoping consultation.
22 (D) The participants to a scoping consultation pursuant to this 23 subdivision shall comply with all of the following confidentiality 24 requirements:
25 (i) Section 7927.000.
26 (ii) Section 7927.005.
27 (iii) Subdivision (c) of Section 21082.3 of the Public Resources 28 Code.
29 (iv) Subdivision (d) of Section 15120 of Title 14 of the 30 California Code of Regulations.
31 (v) Any additional confidentiality standards adopted by the 32 California Native American tribe participating in the scoping 33 consultation.
34 (E) The California Environmental Quality Act (Division 13 35 (commencing with Section 21000) of the Public Resources Code) 36 shall not apply to a scoping consultation conducted pursuant to 37 this subdivision.
38 (2) (A) If, after concluding the scoping consultation, the parties 39 find that no potential tribal cultural resource would be affected by 40 the proposed development, the development proponent may submit 98 -21- SB 423
1 an application for the proposed development that is subject to the 2 streamlined, ministerial approval process described in subdivision 3 (c).
4 (8) If, after concluding the scoping consultation, the parties 5 find that a potential tribal cultural resource could be affected by 6 the proposed development and an enforceable agreement is 7 documented between the California Native American tribe and the 8 local government on methods, measures, and conditions for tribal 9 cultural resource treatment, the development proponent may submit 10 the application for a development subject to the streamlined, 11 ministerial approval process described in subdivision (c). The local 12 government shall ensure that the enforceable agreement is included 13 in the requirements and conditions for the proposed development. 14 (C) If, after concluding the scoping consultation, the parties 15 find that a potential tribal cultural resource could be affected by 16 the proposed development and an enforceable agreement is not 17 documented between the California Native American tribe and the 18 19
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40 local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in subdivision (c).
(D) For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
(i) The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
(ii) One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(E) If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
(3) A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
98 SB 423 -22-
1 (A) A California Native American tribe that received a formal 2 notice of the development proponent's notice of intent to submit 3 an application pursuant to subclause (I) of clause (iii) of 4 subparagraph (A) of paragraph (1) did not accept the invitation to 5 engage in a scoping consultation.
6 (B) The California Native American tribe accepted an invitation 7 to engage in a scoping consultation pursuant to subclause (II) of 8 clause (iii) of subparagraph (A) of paragraph (1) but substantially 9 failed to engage in the scoping consultation after repeated 10 documented attempts by the local government to engage the 11 California Native American tribe.
12 (C) The parties to a scoping consultation pursuant to this 13 subdivision find that no potential tribal cultural resource will be 14 affected by the proposed development pursuant to subparagraph 15 (A) of paragraph (2).
16 (D) A scoping consultation between a California Native 17 American tribe and the local government has occurred in 18 accordance with this subdivision and resulted in agreement 19 pursuant to subparagraph (B) of paragraph (2).
20 ( 4) A project shall not be eligible for the streamlined, ministerial 21 process described in subdivision (c) if any of the following apply:
22 (A) There is a tribal cultural resource that is on a national, state, 23 tribal, or local historic register list located on the site of the project. 24 (B) There is a potential tribal cultural resource that could be 25 affected by the proposed development and the parties to a scoping 26 consultation conducted pursuant to this subdivision do not 27 document an enforceable agreement on methods, measures, and 28 conditions for tribal cultural resource treatment, as described in 29 subparagraph (C) of paragraph (2).
30 (C) The parties to a scoping consultation conducted pursuant 31 to this subdivision do not agree as to whether a potential tribal 32 cultural resource will be affected by the proposed development. 33 (5) (A) If, after a scoping consultation conducted pursuant to 34 this subdivision, a project is not eligible for the streamlined, 35 ministerial process described in subdivision (c) for any or all of 36 the following reasons, the local government shall provide written 37 documentation of that fact, and an explanation of the reason for 38 which the project is not eligible, to the development proponent 39 and to any California Native American tribe that is a party to that 40 scoping consultation:
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1 (i) There is a tribal cultural resource that is on a national, state, 2 tribal, or local historic register list located on the site of the project, 3 as described in subparagraph (A) of paragraph (4).
4 (ii) The parties to the scoping consultation have not documented 5 an enforceable agreement on methods, measures, and conditions 6 for tribal cultural resource treatment, as described in subparagraph 7 (C) of paragraph (2) and subparagraph (B) of paragraph (4). 8 (iii) The parties to the scoping consultation do not agree as to 9 whether a potential tribal cultural resource will be affected by the 10 proposed development, as described in subparagraph (C) of 11 paragraph (4).
12 (B) The written documentation provided to a development 13 proponent pursuant to this paragraph shall include information on 14 how the development proponent may seek a conditional use permit 15 or other discretionary approval of the development from the local 16 government.
17 (6) This section is not intended, and shall not be construed, to 18 limit consultation and discussion between a local government and 19 a California Native American tribe pursuant to other applicable 20 law, confidentiality provisions under other applicable law, the 21 protection of religious exercise to the fullest extent permitted under 22 state and federal law, or the ability of a California Native American 23 tribe to submit information to the local government or participate 24 in any process of the local government.
25 (7) For purposes of this subdivision:
26 (A) "Consultation" means the meaningful and timely process 27 of seeking, discussing, and considering carefully the views of 28 others, in a manner that is cognizant of all parties' cultural values 29 and, where feasible, seeking agreement. Consultation between 30 local governments and Native American tribes shall be conducted 31 in a way that is mutually respectful of each party's sovereignty. 32 Consultation shall also recognize the tribes' potential needs for 33 confidentiality with respect to places that have traditional tribal 34 cultural importance. A lead agency shall consult the tribal 35 consultation best practices described in the "State of California 36 Tribal Consultation Guidelines: Supplement to the General Plan 37 Guidelines" prepared by the Office of Planning and Research. 38 (B) "Scoping" means the act of participating in early discussions 39 or investigations between the local government and California 40 Native American tribe, and the development proponent if 98 SB 423 -24-
1 authorized by the California Native American tribe, regarding the 2 potential effects a proposed development could have on a potential 3 tribal cultural resource, as defined in Section 21074 of the Public 4 Resources Code, or California Native American tribe, as defined 5 in Section 21073 of the Public Resources Code.
6 (8) This subdivision shall not apply to any project that has been 7 approved under the streamlined, ministerial approval process 8 provided under this section before the effective date of the act 9 adding this subdivision.
10 (c) (1) ff-Notwithstanding any local law, ifa local government's 11 planning director or any equivalent local government staff, 12 including all relevant planning and permitting departments, 13 equivalent position determines that a development submitted 14 pursuant to this section is consistent with the objective planning 15 standards specified in subdivision (a) and pursuant to paragraph 16 (3) of this subdivision,--it the local government shall approve the 17 development. Upon a determination that a development submitted 18 pursuant to this section is in conflict with any of the objective 19 planning standards specified in subdivision (a), the local 20 government staff or relevant local planning and permitting 21 department that made the determination shall provide the 22 development proponent written documentation of which standard 23 or standards the development conflicts with, and an explanation 24 for the reason or reasons the development conflicts with that 25 standard or standards, as follows:
26 (A) Within 60 days of submittal of the development to the local 27 government pursuant to this section if the development contains 28 150 or fewer housing units.
29 (8) Within 90 days of submittal of the development to the local 30 government pursuant to this section if the development contains 31 more than 150 housing units.
32 (2) If the local government's planning director or any equivalent 33 local government staff equivalent position fails to provide the 34 required documentation pursuant to paragraph ( 1 ), the development 35 shall be deemed to satisfy the objective planning standards 36 specified in subdivision (a).
37 (3) For purposes of this section, a development is consistent 38 with the objective planning standards specified in subdivision (a) 39 ifthere is substantial evidence that would allow a reasonable person 40 to conclude that the development is consistent with the objective 98 -25- SB 423
I planning standards. The local government shall not determine that 2 a development, including an application for a modification under 3 subdivision-jg), (h), is in conflict with the objective planning 4 standards on the basis that application materials are not included, 5 if the application contains substantial evidence that would allow 6 a reasonable person to conclude that the development is consistent 7 with the objective planning standards.
8 (4) For purposes of evaluating eonsisteney ·with the objeetive 9 planning standards under this seetion, the loeal government shall IO not require a development proponent to provide eonsultant studies 11 requiring presubmittal seope approval by the local government or 12 other studies or materials that are unnecessary to aseertain 13 eonsistency with the objective planning standards.
14 ( 4) Upon submittal of an application for streamlined, ministerial 15 approval pursuant to this section to the local government, all 16 departments of the local government that are required to issue an 17 approval of the development prior to the granting of an entitlement 18 shall comply with the requirements of this section within the time 19 periods specified in paragraph (I).
20 ( d) (1) Any design review of the development may be conducted 21 by the local government's planning commission or any equivalent 22 board or commission responsible for design review. That design 23 review shall be objective and be strictly focused on assessing 24 compliance with criteria required for streamlined projects, as well 25 as any reasonable objective design standards published and adopted 26 by ordinance or resolution by a local jurisdiction before submission 27 of a development application, and shall be broadly applicable to 28 development within the jurisdiction. That design review shall be 29 completed, and if the development is consistent with all objective 30 standards, the local government shall approve the development as 31 follows and shall not in any way inhibit, chill, or preclude the 32 ministerial approval provided by this section or its effect, as 33 applicable:
34 (A) Within 90 days of submittal of the development to the local 35 government pursuant to this section if the development contains 36 150 or fewer housing units.
37 (8) Within 180 days of submittal of the development to the 38 local government pursuant to this section if the development 39 contains more than 150 housing units.
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1 (2) If the development is consistent with the requirements of 2 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and 3 is consistent with all objective subdivision standards in the local 4 subdivision ordinance, an application for a subdivision pursuant 5 to the Subdivision Map Act (Division 2 ( commencing with Section 6 66410)) shall be exempt from the requirements of the California 7 Environmental Quality Act (Division 13 ( commencing with Section 8 21000) of the Public Resources Code) and shall be subject to the 9 public oversight timelines set forth in paragraph (I).

IO (3) If a local government determines that a development 11 submitted pursuant to this section is in conflict with any of the 12 standards imposed pursuant to paragraph (I), it shall provide the 13 development proponent written documentation of which objective 14 standard or standards the development conflicts with, and an 15 explanation for the reason or reasons the development conflicts 16 with that objective standard or standards consistent with the 17 timelines described in paragraph (1) of subdivision ( c). 18 (e) (1) Notwithstanding any other law, a local government, 19 whether or not it has adopted an ordinance governing automobile 20 parking requirements in multifamily developments, shall not 21 impose automobile parking standards for a streamlined 22 development that was approved pursuant to this section in any of 23 the following instances:
24 (A) The development is located within one-half mile of public 25 transit.
26 (B) The development is located within an architecturally and 27 historically significant historic district.
28 (C) When on-street parking permits are required but not offered 29 to the occupants of the development.
30 (D) When there is a car share vehicle located within one block 31 of the development.
32 (2) If the development does not fall within any of the categories 33 described in paragraph (1), the local government shall not impose 34 automobile parking requirements for streamlined developments 35 approved pursuant to this section that exceed one parking space 36 per unit.
37 (f) Notwithstanding any law, a local government shall not 3 8 require any of the following prior to approving a development that 39 meets the requirements of this section:
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1 (1) Studies, information, or other materials that do not pertain 2 directly to determining whether the development is consistent with 3 the objective planning standards applicable to the development. 4 (2) (A) Compliance with any standards necessary to receive a 5 postentitlement permit.
6 (BJ This paragraph does not prohibit a local agency .from 7 requiring compliance with any standards necessary to receive a 8 postentitlement permit after a permit has been issued pursuant to 9 this section.
10 (C) For purposes of this paragraph, ''postentitlement permit" 11 has the same meaning as provided in subparagraph (A) of 12 paragraph (3) of subdivision OJ of Section 65913.3.
13 EB
14 (g) ( 1) If a local government approves a development pursuant 15 to this section, then, notwithstanding any other law, that approval 16 shall not expire if the project satisfies both of the following 17 requirements:
18 (A) The project includes public investment in housing 19 affordability, beyond tax credits.
20 (8) At least 50 percent of the units are affordable to households 21 making at or below 80 percent of the area median income. 22 (2) (A) If a local government approves a development pursuant 23 to this section, and the project does not satisfy the requirements 24 of subparagraphs (A) and (8) of paragraph (1), that approval shall 25 remain valid for three years from the date of the final action 26 establishing that approval, or if litigation is filed challenging that 27 approval, from the date of the final judgment upholding that 28 approval. Approval shall remain valid for a project provided 29 construction activity, including demolition and grading activity, 30 on the development site has begun pursuant to a permit issued by 31 the local jurisdiction and is in progress. For purposes of this 32 subdivision, "in progress" means one of the following:
33 (i) The construction has begun and has not ceased for more than 34 180 days.
35 (ii) If the development requires multiple building permits, an 36 initial phase has been completed, and the project proponent has 37 applied for and is diligently pursuing a building permit for a 38 subsequent phase, provided that once it has been issued, the 39 building permit for the subsequent phase does not lapse. 98 SB 423 -28-
1 (B) Notwithstanding subparagraph (A), a local government may 2 grant a project a one-time, one-year extension if the project 3 proponent can provide documentation that there has been 4 significant progress toward getting the development construction 5 ready, such as filing a building permit application.
6 (3) If the development proponent requests a modification 7 pursuant to subdivisionig}, (h), then the time during which the 8 approval shall remain valid shall be extended for the number of 9 days between the submittal of a modification request and the date 10 of its final approval, plus an additional 180 days to allow time to 11 obtain a building permit. If litigation is filed relating to the 12 modification request, the time shall be further extended during the 13 pendency of the litigation. The extension required by this paragraph 14 shall only apply to the first request for a modification submitted 15 by the development proponent.
16 ( 4) The amendments made to this subdivision by the act that 17 added this paragraph shall also be retroactively applied to 18 developments approved prior to January 1, 2022.
19 tgJ
20 (h) (1) (A) A development proponent may request a
21 modification to a development that has been approved under the 22 streamlined, ministerial approval process provided in subdivision 23 (c) if that request is submitted to the local government before the 24 issuance of the final building permit required for construction of 25 the development.
26 (B) Except as provided in paragraph (3), the local government 27 shall approve a modification if it determines that the modification 28 is consistent with the objective planning standards specified in 29 subdivision (a) that were in effect when the original development 30 application was first submitted.
31 (C) The local government shall evaluate any modifications 32 requested pursuant to this subdivision for consistency with the 33 objective planning standards using the same assumptions and 34 analytical methodology that the local government originally used 35 to assess consistency for the development that was approved for 36 streamlined, ministerial approval pursuant to subdivision (c). 37 (D) A guideline that was adopted or amended by the department 38 pursuant to subdivision-rm) (n) after a development was approved 39 through the streamlined, ministerial approval process described in 98 -29- SB 423
1 subdivision (c) shall not be used as a basis to deny proposed 2 modifications.
3 (2) Upon receipt of the development proponent's application 4 requesting a modification, the local government shall determine 5 if the requested modification is consistent with the objective 6 planning standard and either approve or deny the modification 7 request within 60 days after submission of the modification, or 8 within 90 days if design review is required.
9 (3) Notwithstanding paragraph (1), the local government may 10 apply objective planning standards adopted after the development 11 application was first submitted to the requested modification in 12 any of the following instances:
13 (A) The development is revised such that the total number of 14 residential units or total square footage of construction changes 15 by 15 percent or more. The calculation of the square footage of 16 construction changes shall not include underground space. 17 (B) The development is revised such that the total number of 18 residential units or total square footage of construction changes 19 by 5 percent or more and it is necessary to subject the development 20 to an objective standard beyond those in effect when the 21 development application was submitted in order to mitigate or 22 avoid a specific, adverse impact, as that term is defined in 23 subparagraph (A) of paragraph (1) of subdivision G) of Section 24 65589.5, upon the public health or safety and there is no feasible 25 alternative method to satisfactorily mitigate or avoid the adverse 26 impact. The calculation of the square footage of construction 27 changes shall not include underground space.
28 (C) (i) Objective building standards contained in the California 29 Building Standards Code (Title 24 of the California Code of 30 Regulations), including, but not limited to, building plumbing, 31 electrical, fire, and grading codes, may be applied to all 32 modification applications that are submitted prior to the first 33 building permit application. Those standards may be applied to 34 modification applications submitted after the first building permit 35 application if agreed to by the development proponent. 36 (ii) The amendments made to clause (i) by the act that added 37 clause (i) shall also be retroactively applied to modification 38 applications submitted prior to January 1, 2022.
39 (4) The local government's review of a modification request 40 pursuant to this subdivision shall be strictly limited to determining 98 SB 423 -30-
1 whether the modification, including any modification to previously 2 approved density bonus concessions or waivers, modify the 3 development's consistency with the objective planning standards 4 and shall not reconsider prior determinations that are not affected 5 by the modification.
6 th}
7 (i) (1) A local government shall not adopt or impose any 8 requirement, including, but not limited to, increased fees or 9 inclusionary housing requirements, that applies to a project solely 10 or partially on the basis that the project is eligible to receive 11 ministerial or streamlined approval pursuant to this section. 12 (2) (A) A local government shall issue a subsequent permit 13 required for a development approved under this section if the 14 application substantially complies with the development as it was 15 approved pursuant to subdivision (c). Upon receipt of an 16 application for a subsequent permit, the local government shall 17 process the permit without unreasonable delay and shall not impose 18 any procedure or requirement that is not imposed on projects that 19 are not approved pursuant to this section. The local government 20 shall consider the application for subsequent permits based upon 21 the objective standards specified in any state or local laws that 22 were in effect when the original development application was 23 submitted, unless the development proponent agrees to a change 24 in objective standards. Issuance of subsequent permits shall 25 implement the approved development, and review of the permit 26 application shall not inhibit, chill, or preclude the development. 27 For purposes of this paragraph, a "subsequent permit" means a 28 permit required subsequent to receiving approval under subdivision 29 (c), and includes, but is not limited to, demolition, grading, 30 encroachment, and building permits and final maps, if necessary. 31 (B) The amendments made to subparagraph (A) by the act that 32 added this subparagraph shall also be retroactively applied to 33 subsequent permit applications submitted prior to January 1, 2022. 34 (3) (A) If a public improvement is necessary to implement a 35 development that is subject to the streamlined, ministerial approval 36 pursuant to this section, including, but not limited to, a bicycle 37 lane, sidewalk or walkway, public transit stop, driveway, street 38 paving or overlay, a curb or gutter, a modified intersection, a street 39 sign or street light, landscape or hardscape, an above-ground or 40 underground utility connection, a water line, fire hydrant, storm 98 -31- SB 423
1 or sanitary sewer connection, retaining wall, and any related work, 2 and that public improvement is located on land owned by the local 3 government, to the extent that the public improvement requires 4 approval from the local government, the local government shall 5 not exercise its discretion over any approval relating to the public 6 improvement in a manner that would inhibit, chill, or preclude the 7 development.
8 (B) If an application for a public improvement described in 9 subparagraph (A) is submitted to a local government, the local 10 government shall do all of the following:
11 (i) Consider the application based upon any objective standards 12 specified in any state or local laws that were in effect when the 13 original development application was submitted.
14 (ii) Conduct its review and approval in the same manner as it 15 would evaluate the public improvement if required by a project 16 that is not eligible to receive ministerial or streamlined approval 17 pursuant to this section.
18 (C) If an application for a public improvement described in 19 subparagraph (A) is submitted to a local government, the local 20 government shall not do either of the following:
21 (i) Adopt or impose any requirement that applies to a project 22 solely or partially on the basis that the project is eligible to receive 23 ministerial or streamlined approval pursuant to this section. 24 (ii) Unreasonably delay in its consideration, review, or approval 25 of the application.
26 ft}
27 OJ (1) This section shall not affect a development proponent's 28 ability to use any alternative streamlined by right permit processing 29 adopted by a local government, including the provisions of 30 subdivision (i) of Section 65583.2.
31 (2) This section shall not prevent a development from also 32 qualifying as a housing development project entitled to the 33 protections of Section 65589.5. This paragraph does not constitute 34 a change in, but is declaratory of, existing law.
35 ffi
36 (k) The California Environmental Quality Act (Division 13 37 (commencing with Section 21000) of the Public Resources Code) 38 does not apply to actions taken by a state agency, local government, 39 or the San Francisco Bay Area Rapid Transit District to:
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1 (l) Lease, convey, or encumber land owned by the local 2 government or the San Francisco Bay Area Rapid Transit District 3 or to facilitate the lease, conveyance, or encumbrance of land 4 owned by the local government, or for the lease of land owned by 5 the San Francisco Bay Area Rapid Transit District in association 6 with an eligible TOD project, as defined pursuant to Section 7 29010.1 of the Public Utilities Code, nor to any decisions 8 associated with that lease, or to provide financial assistance to a 9 development that receives streamlined approval pursuant to this 10 section that is to be used for housing for persons and families of 11 very low, low, or moderate income, as defined in Section 50093 12 of the Health and Safety Code.
13 (2) Approve improvements located on land owned by the local 14 government or the San Francisco Bay Area Rapid Transit District 15 that are necessary to implement a development that receives 16 streamlined approval pursuant to this section that is to be used for 17 housing for persons and families of very low, low, or moderate 18 income, as defined in Section 50093 of the Health and Safety Code. 19 (ltj
20 (!) For purposes of establishing the total number of units in a 21 development under this chapter, a development or development 22 project includes both of the following:
23 (1) All projects developed on a site, regardless of when those 24 developments occur.
25 (2) All projects developed on sites adjacent to a site developed 26 pursuant to this chapter if, after January 1, 2023, the adjacent site 27 had been subdivided from the site developed pursuant to this 28 29
30 31
32 33
34 35
36 37
38 39
40 chapter.
ff)
(m) For purposes of this section, the following terms have the following meanings:
(I) "Affordable housing cost" has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.
(2) (A) Subject to the qualification provided by subparagraphs (B) and (C), "affordable rent" has the same meaning as set forth in Section 50053 of the Health and Safety Code.
(B) For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 50 percent of the total number of units, before calculating any density bonus, to housing 98 -33- SB423
I affordable to households making at, or below, 80 percent of the 2 area median income, affordable rent for at least 30 percent of these 3 units shall be set at an affordable rent as defined in subparagraph 4 (A) and "affordable rent" for the remainder of these units shall 5 mean a rent that is consistent with the maximum rent levels for a 6 housing development that receives an allocation of state or federal 7 low-income housing tax credits from the California Tax Credit 8 Allocation Committee.
9 (C) For a development that dedicates I 00 percent of units, IO exclusive of a manager's unit or units, to lower income households, 11 "affordable rent" shall mean a rent that is consistent with the 12 maximum rent levels stipulated by the public program providing 13 financing for the development.
14 (3) "Department" means the Department of Housing and 15 Community Development.
16 ( 4) "Development proponent" means the developer who submits 17 a housing development project application to a local government 18 under the streamlined, ministerial review process pursuant to this 19 section.
20 (5) "Completed entitlements" means a housing development 21 that has received all the required land use approvals or entitlements 22 necessary for the issuance of a building permit.
23 (6) "Health care expenditures" include contributions under 24 Section 40l(a), 50l(c), or 50l(d) of the Internal Revenue Code 25 and payments toward "medical care," as defined in Section 26 213(d)(l) of the Internal Revenue Code.
27 (7) "Housing development project" has the same meaning as in 28 Section 65589.5.
29 30
31 32
33 34
35 36
37 38
39 40
(8) "Locality" or "local government" means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(9) "Moderate-income housing units" means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
(10) "Objeetive planning standards" shall not include standards in the Califomia Building Standards Code (Title 24 of the California Code of Regulations), loeal building eodes, fire eodes, noise ordinanees, other codes requiring detailed teehnical speeifications, studies that are evaluated vvith subsequent permits, 98 SB 423 -34-
1 or other standards that arc not reasonably ascertainable by the local 2 government within the time limits set forth in subdivisions (c) and 3 (d). Excluded objective planning standards include, but arc not 4 limited to, construction logistics plans, plumbing plans, electrical 5 plans, grading, excavation plans, gcotcchnical studies, and offsitc 6 public improvement plans.
7 E-t---1-1
8 (1 OJ "Production report" means the information reported 9 pursuant to subparagraph (H) of paragraph (2) of subdivision (a) 10 of Section 65400.
1 1 tHJ
12 (11) "State agency" includes every state office, officer, 13 department, division, bureau, board, and commission, but docs not 14 include the California State University or the University of 15 California.
16 f-1-31
17 (12) "Reporting period" means either of the following:
18 (A) The first half of the regional housing needs assessment 19 cycle.
20 (B) The last half of the regional housing needs assessment cycle. 21 fl-41
22 (13) "Urban uses" means any current or former residential, 23 commercial, public institutional, transit or transportation passenger 24 facility, or retail use, or any combination of those uses. 25 Effl1
26 (n) The department may review, adopt, amend, and repeal 27 guidelines to implement uniform standards or criteria that 28 supplement or clarify the terms, references, or standards set forth 29 in this section. Any guidelines or terms adopted pursuant to this 30 subdivision shall not be subject to Chapter 3.5 (commencing with 31 Section 11340) of Part 1 of Division 3 of Title 2 of the Government 32 Code.
33 W
34 (o) The determination of whether an application for a 35 development is subject to the streamlined ministerial approval 36 process provided by subdivision (c) is not a "project" as defined 37 in Section 21065 of the Public Resources Code.
38 fe:}
39 (p) Notwithstanding any law, for purposes of this section and 40 for development on property owned by or leased to the state, the 98 -35- SB 423
I Department of General Services may act in the place of a locality 2 or local government, at the discretion of the department. 3 tt'1
4 (q) The provisions of clause (iii) of subparagraph (E) of 5 paragraph (8) of subdivision (a) relating to health care expenditures 6 are distinct and severable from the remaining provisions of this 7 section. However, the remaining portions of paragraph (8) of 8 subdivision (a) are a material and integral part of this section and 9 are not severable. If any provision or application of paragraph (8) IO of subdivision (a) is held invalid, this entire section shall be null 11 and void.
12 ttB
13 (r) It is the policy of the state that this section be interpreted 14 and implemented in a manner to afford the fullest possible weight 15 to the interest of, and the approval and provision of, increased 16 housing supply.
17 SEC. 3. The Legislature finds and declares that ensuring access 18 to affordable housing is a matter of statewide concern and is not 19 a municipal affair as that term is used in Section 5 of Article XI 20 of the California Constitution. Therefore, Section 2 of this act 21 amending Section 65913.4 of the Government Code applies to all 22 cities, including charter cities.
23 SEC. 4. No reimbursement is required by this act pursuant to 24 Section 6 of Article XIII B of the California Constitution because 25 a local agency or school district has the authority to levy service 26 charges, fees, or assessments sufficient to pay for the program or 27 level of service mandated by this act or because costs that may be 28 incurred by a local agency or school district will be incurred 29 because this act creates a new crime or infraction, eliminates a 30 crime or infraction, or changes the penalty for a crime or infraction, 31 within the meaning of Section 17556 of the Government Code, or 32 changes the definition of a crime within the meaning of Section 6 33 of Article XIII B of the California Constitution.
0 98

ATTACHMENT C
Brownstein
Memorandum
DATE: May 10, 2023
TO: Dave Durflinger
FROM: Mack Carlson & Rachel A. Rockwell
RE: Summary of Senate Bill ("SB") 423
I. INTRODUCTION
In 2017, the Legislature enacted a substantial package of legislation aimed at addressing the state's housing crisis. Among others bills, the Legislature enacted SB 35 (Wiener) to provide for a streamlined, ministerial process for approving housing developments that are in compliance with the applicable objective local planning standards-including the general plan, zoning ordinances, and objective design review standards. (Gov. Code, § 65400, et seq.
1 ) SB 35 was intended to streamline approvals of
developments that face local opposition, but are consistent with local objective development standards.

Sen. Wiener also authored SB 423 "Land use: streamlined housing approvals: multifamily housing developments," introduced on February 13, 2023. SB 423 will amend Section 65913.4 relating to housing development approvals. SB 423 makes SB 35 permanent,2 keeping a primary mechanism for streamlining housing production in place. SB 423 also adopts labor standards from AB 2011 and expands the applicability of SB 35 by eliminating the exemption for local governments in the coastal zone.

II. HISTORY & STATUS
SB 423 is still in the Senate. It was last amended on March 28, 2023. Below is a summary of the history of SB 423:
1 All further statutory references are to the Government Code. 2 SB 35 is set to expire in January 1, 2026.
25638225.1
Date Action
05/15/23 Sen Appropriations Committee Hearing
04/27/23 From Governance & Finance committee: Do pass and re-refer to Committee on Appropriations (Ayes 5. Noes 2.) (April 26). Re-referred to Committee on Appropriations 04/13/23 Set for hearing April 26.
03/28/23 From committee with author's amendments. Read second time and amended. Rereferred to Committee on Governance & Finance. 03/22/23 From Housing committee: Do pass and re-refer to Committee on Governance & Finance .. (Ayes 9. Noes 1. Page 452.) (March 21). Re-referred to Committee on Governance & Finance.
03/14/23 Set for hearing March 21.
02/22/23 Referred to Committees on Housing and Governance and Finance 02/14/23 From printer. May be acted upon on or after March 16. 02/13/23 Introduced. Read first time. To Committee on Rules. for assignment. To print.

Ill. SUMMARY OF IMPACTS
A. Existing Law

1. Overview of SB 35
SB 35 created a streamlined, ministerial approval process for infill projects with two or more residential units in localities that have failed to produce sufficient housing to meet their regional housing needs allocation (RHNA) ("SB 35 streamlining"). The streamlined approval process requires some level of affordable housing to be included in the housing development and compliance with the applicable objective local planning standards-including the general plan, zoning ordinances, and objective design review standards.

2. Detailed Review of SB 35
Under SB 35, a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process, and not subject to a conditional use permit if the development contains two or more residential units and satisfies a number of objective planning standards.(§ 65913.4(a).)
To be eligible for streamlining under SB 35, a specified percentage of the total housing units in the development must be affordable to lower-income households (those under 80% of area median income), as follows:
• 10%, if the locality has not issued building permits for enough above moderate-income-greater than 120% of area median income-units to meet their RHNA requirement; 2 25638225.1
• 50%, if the locality has not issued building permits for enough lower-income units to meet their RHNA requirement; or
• The percentage in a local inclusionary zoning ordinance if it is higher than the requirements above.(§ 65913.4(a)(4)(b)(i)-(iii).)
Localities must provide written documentation to the developer if there is a failure to meet the specifications for streamlined approval, within a specified period of time. (§ 65913.4(b)(l).) If the locality does not meet those deadlines, the development shall be deemed to satisfy the requirements for streamlined approval and must be approved by right. (Id. at (b)(2).) SB 35 excluded a variety of types of lands from its provisions to ensure their continued compliance with CEQA. These lands included: the coastal zone; prime farmland or farmland of statewide importance; wetlands; very high fire hazard severity zones (unless the development complies with all state mitigation measures); hazardous waste sites (unless the sites have been cleared by state agencies for residential or mixed uses); fault zones; certain flood hazard areas and floodways; and certain types of habitat or land for conservation.(§ 65913.4(a)(6)(A)-(K).) SB 35 also included certain requirements for labor standards, such as the use of a skilled and trained workforce on an eligible project. (§ 65913.4(a)(8)(B)(i).) However, SB 35 exempts projects of 10 housing units or less from the affordability requirements and labor standards. (§ 65913.4(a)(4)(B)(i) and (8)(C)(i).)
As mentioned above, SB 35 does not apply to development in the coastal zone, including within the City of Carpinteria. (§ 65913.4(a)(6)(A).) Notably, the City of Carpinteria also has not been subject to SB 35 streamlining because it has achieved its prorated RHNA during the fifth cycle planning period. 3 B. Proposed Law

1. SB 423
As currently drafted, SB 423 would alter some of SB 35's provisions and go into effect January 1, 2024- two years before SB 35 is set to sunset.

SB 423 makes the following changes to SB 35's process to streamline eligible development projects:
• Expands SB 35 to apply in coastal zones;
4 3 Cal. Dept. of Housing & Community Development, SB 35 Statewide Determination Summary (June 1, 2022) available at https://www.hcd.ca.gov/sites/default/files/2022-06/sb35 statewidedeterminationsummary.pdf. 4 Deleted exemption from § 65913.4(a)(6).
3 25638225.1
• Expands the types of local governments subject to SB 35 streamlining, to include local governments that have not adopted a compliant housing element as determined by the Department of Housing and Community Development; (§ 65913.4(a)(4)(B)(i)) • Provides that if a local government requires units restricted to higher incomes than those required for SB 35 streamlining and the project provides sufficient affordable units required for SB 35 streamlining, the local government cannot require the project to provide the higher income units;
5 (§ 65913.4(a)(4)(C)(i))
• Authorizes development on a wetland or protected habitat if authorized by any other state or federal law;(§ 65913.4(a)(6)(B))
• Requires a local government planning director or other equivalent local government staff to make determinations about compliance with the objective planning standards, approve the development if it is consistent with those standards, or provide documentation if there is a conflict;(§ 65913.4(c)(l))
• Provides that when local governments receive an SB 35 application, all its departments that issue approvals must comply with SB 35 timelines; (§ 65913.4(c)(4)) • Removes public oversight from the design review process; (§ 65913.4(d)(l)) • Prohibits a local government from requiring any of the following prior to approving a development:
o Studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development;
o Compliance with any standards necessary to receive a post-entitlement permit, but does not prohibit a local agency from requiring compliance with any standards necessary to receive a post-entitlement permit after a local agency has issued a permit pursuant to SB

35. (§ 65913.4(f)(l) & (2))
• Provides that the "objective planning standards" required for SB 35 streamlining do not include subsequent permits such as local building codes, fire codes, noise ordinances, or other codes that are evaluated with subsequent permitting processes; 6 and
5 For example, if the project provides sufficient lower income units, the City of Carpinteria potentially could not also require the project to provide the above moderate units provided in its lnclusionary Housing Ordinance. 6 Deleted permits from previous§ 65913.4(1)(10).
4 25638225.1
• Authorizes the Department of General Services, at its discretion, to act in the place of a locality or local government, for development on property owned by or leased to the state. (§ 65913.4(p).)
SB 423 also imposes new or different labor standards for the protection of construction workers on these developments.(§ 65913.4(a)(8) and (9).)
There is no estimate as to state revenue impact.

IV. CONCLUSION
SB 423 extends the life of SB 35 and expands its application to, among other things, the coastal zone.

Since SB 35 provides for ministerial approvals of certain housing developments, such developments need not comply with CEQA. Some parties oppose the bill based on this bypassing of CEQA and concerns that this bill would disregard local zoning and land use planning policies, including Coastal Act policies embodied in local coastal programs. Opponents also argue against SB 423 because it proposes a "one size fits all solution" without allowing for public input or environmental review, potentially resulting in a loss of local control for agencies like the City of Carpinteria. 5 25638225.1

ATTACHMENT D
The 2022-23 Budget:

The Governor's Housing Plan
Summary
Housing Affordability Is a Serious and Widespread Challenge in California. Californians spend a larger share of their income on rent than households in the rest of the nation at every income quartile. Households with the lowest income face the highest cost pressures.

Recent Housing-Related Spending. Recent budget actions reflect the increased role of the state in helping spur housing development. The state budget provided nearly $5 billion in 2021-22 for housing-related programs.

Housing Budget Package. The Governor's 2022-23 budget proposes $2 billion General Fund one time for several major housing proposals, largely reflecting expansions of existing programs.

LAO Comments. We raise the following issues for the Legislature's consideration. • We suggest the Legislature devote attention to overseeing recent augmentations. • The Governor's interest in aligning housing and climate goals is meritorious, but more concerted efforts will be necessary over the long term to build new, and protect existing, housing from the impacts of climate change.
• Assess how the Governor's housing package moves the state towards meeting goals set out in recent policy changes.
• Consider evaluating distribution of housing development to ensure equitable support. • The state's capacity to fully utilize proposed funding is unclear. • Consider the state's long-term fiscal strategy in addressing housing development and affordability.
• When crafting a housing package, consider the state appropriations limit. • For any authorized funds, set clear expectations and establish metrics to assess performance.

LAOa

GABRIEL PETEK I LEGISLATIVE ANALYST
FEBRUARY 2022
2022-23 BUDGET

BACKGROUND
Housing Affordability Is a Serious and
Widespread Challenge in California. Californians
spend a larger share of their income on rent
than households in the rest of the nation at
every income quartile. Households with the
lowest income face the highest cost pressures.

In California, around 2.5 million low-income
households are cost burdened (spending more
than 30 percent of their incomes on housing).

Over 1.5 million low-income renters face even more
dire cost pressures-spending more than half of
their income on housing. Housing affordability
challenges even middle-income households.

About 900,000 households at or above the
California median income (households earning
above $80,000 annually) in the state are cost
burdened (representing 15 percent of households).

High housing costs drive California's official
poverty rate from 11 percent (about the national
average) to 15 percent (only the District of Columbia
has a higher rate) under the Census Bureau's
Supplemental Poverty Measure, which considers
food, clothing, shelter, and utilities. Additionally,
housing prices have increased rapidly during the
COVID-19 pandemic. While we do not know what
effect the pandemic will have on housing in the long
term, we know the pandemic has made the housing
problem more acute in the near term.

Building Less Housing Than People Demand
Drives High Housing Costs. While many factors
have a role in driving California's high housing
costs, the most important is the significant
shortage of housing, particularly within urban
coastal communities. A shortage of housing
along California's coast means households
wishing to live there compete for limited housing.

This competition increases home prices and
rents. Some people who find California's coast
unaffordable turn instead to California's inland
communities, causing prices there to rise as well.

This dynamic can result in longer commutes, which
in turn can contribute to increased greenhouse gas
(GHG) emissions and climate change. Moreover,
because some degree of climate change already
is occurring and more changes are inevitable,
climate change will affect demand for housing in
certain communities. For example, wildfire risk or
seal-level rise may decrease demand for housing
in some communities and push demand elsewhere.

Today, an average California home costs 2.3 times
the national average. California's average monthly
rent is about 50 percent higher than the rest of
the country. Though the exact number of new
housing units California needs to build to address
housing affordability is uncertain, the state would
need to annually build roughly twice as much
housing as it does today so that housing costs in
California increase at the same rate as housing
costs nationally.

Actions to Address Affordability. Historically,
federal, state, and local governments have
implemented a variety of programs aimed at helping
Californians, particularly low-income Californians,
afford housing. These programs generally work
in one of three ways: (1) increasing the supply of
moderately priced housing, (2) paying a portion
of households' rent costs, or (3) limiting the
prices and rents property owners may charge
for housing. As the housing affordability crisis
has become more acute over time, the state has
significantly increased its fiscal role by largely
expanding existing programs and establishing
some new programs that help subsidize housing
development at the local level. While affordable
housing programs are important, these programs
help only a small fraction of the Californians that
are struggling to cope with the state's high housing
costs. Expanding existing housing programs to
fully address needs would require a significant
expansion of existing state programs and
necessitate funding increases orders of magnitude
larger than existing program funding.

Legislature Has Adopted Major Housing
Legislation. While fiscal actions to address
affordability are one critical element of addressing
California's housing challenges, perhaps more
important are policy solutions pursued by the
Legislature to increase the supply of housing, which
can address housing affordability. In 2017, the
Legislature passed a package of 15 bills aimed at
2 LEGISLATIVE ANALYST'S OFFICE
2022-23 BUDGET
addressing the high cost of housing in California,
including streamlining approval processes,
creating and preserving affordable housing, and
strengthening accountability and enforcement
of housing laws. In subsequent years, additional
legislation has continued to make headway in
helping to facilitate housing development in the
state. Most recently, in the 2021 legislative session,
the Governor signed over 30 bills related to
streamlining home building, addressing barriers to
building affordable housing, addressing systemic
bias by elevating fair housing principles, and
strengthening local government accountability.

Recent Housing-Related Spending. Recent
budget actions reflect the increased role of the state
in helping spur housing development. Figure 1
summarizes major recent housing spending actions.

Summary of Major Housing Proposals.

The Governor's 2022-23 budget proposes $2 billion
General Fund one time for several major housing
proposals, largely reflecting expansions of existing
programs. Figure 2 on the next page provides an
overview of the housing budget proposals.

Below, we provide an update on some major
recent state budget actions related to housing,
describe the Governor's budget proposals, and
raise issues for the Legislature's consideration.

Figure 1
Major Recent State Housing Spending
(In Millions)
I Program Amount• Funding Type State Administrator
2019-20
State Low Income Housing Tax Credits
Mixed-Income Program
Infill Infrastructure Grant Program
Planning Grants to Local Governments
Total
2020-21
State Low Income Housing Tax Credits
National Mortgage Settlement
Mixed-Income Program
Total
2021-22
Affordable Housing Backlog
Regional Planning Grants
State Low Income Housing Tax Credits
Foreclosure Prevention and Preservation Program
Student Housing and Campus Expansion
Affordable Housing Preservation
Infill Infrastructure Grant Proqram?
Homebuyer Assistance
Accessory Dwelling Unit Financing
Farmworker Housing
Golden State Acquisition Fund
Mixed-Income Program
Scaling Excess Lands Development
Legal Assistance for Renters
Total
$500
200
300
250
One-time
Temporary
One-time
One-time
CTCAC
CalHFA
HCD
HCD
$1,250
$500
331
50 $881
$1,750
600
500
500
500
300
250
100
81 50
50 45
45 40
One-time CTCAC
One-time CalHFA, Judicial Branch
Temporary CalHFA
One-time HCD
One-time HCD
One-time CTCAC
One-time HCD
Temporary" CCC, CSU, UC
One-time HCD
One-time HCD
One-time CalHFA
One-time CalHFA
One-time HCD
One-time HCD
One-time CalHFA
One-time HCD
Temporary" Judicial Branch
$4,811
a All fund sources.
b The budget also authorized $750 million in 2022-23 and $750 million in 2023-24 for student housing and campus extension. c The budget also reallocates $284 million in remaining Proposition 1 (2018) funds for the Infill Infrastructure Grant Program. d The budget also authorized $20 million in 2022-23 and $20 million in 2023-24 for legal assistance for renters.

CTCAC = California Tax Credit Allocation Committee; CalHFA = California Housing and Finance Agency; and HCD = Housing and Community Development. www.lao.ca.gov 3
2022-23 BUDGET
Figure 2
Major 2022-23 Housing Budget Proposals
(In Millions)
Proposal 2022-23
Housing Development
Infill Infrastructure Grant Program
Affordable Housing and Sustainable Communities Program
State Excess Sites
Adaptive Reuse
Affordable Housing
State Low Income Housing Tax Credits
Mixed-Income Program
Portfolio Reinvestment Program
Mobilehome Park Rehabilitation and Resident Ownership Program $225
75 25
50 $500
50 50
25 Fund State
2023-24 Source Administrator
$275 General Fund HCD
225 General Fund HCD
75 General Fund HCD
50 General Fund HCD
General Fund CTCAC
$150 General Fund CalHFA
150 General Fund HCD
75 General Fund HCD
HCD; Housing and Community Development; CTCAC ; California Tax Credit Allocation Committee; and CalHFA; California Housing and Finance Agency.

HOUSING DEVELOPMENT
Governor's Housing Development Package
Primarily Expands Existing Programs.

The Governor proposes $1 billion in one-time
General Fund over two years to expand housing
development. The administration notes a climate
benefit of these proposals primarily because
these programs support more dense housing
development, thereby reducing vehicle miles
traveled (VMT) and GHG emissions.

INFILL INFRASTRUCTURE

GRANT PROGRAM
Background
Infill Infrastructure Grant (1/G) Program. The IIG
Program was created in 2007 within the Department
of Housing and Community Development (HCD) to
provide funding for infrastructure improvements that
support higher-density affordable and mixed-income
housing in locations designated as infill. Under
the program, developers and local entities can
partner to apply for infrastructure funding, including
the development or rehabilitation of parks or
open space; water, sewer, or other utility service
improvements; streets; roads; sidewalks; and
environmental remediation. The funding generally is
available through a competitive application process
that assesses project readiness, affordability,
density, access to transit, proximity to amenities,
and consistency with regional plans. Originally,
bond funding was provided for the program through
the Housing and Emergency Shelter Trust Fund
Act of 2006 (Proposition 1 C) and the Veterans and
Affordable Housing Bond Act of 2018 (Proposition 1).

Recent Budget Actions Allocated General
Fund for 1/G Program. More recently, the state
provided the program General Fund resources.

Specifically, the 2019-20 budget provided
$300 million General Fund for the IIG Program.

The allocation included a $90 million set aside for
small jurisdictions-counties with populations under
250,000 and the cities located within those counties.

The 2021-22 budget provided HCD $250 million
one-time General Fund and maintained the
$90 million set aside for small jurisdictions.

Update on 1/G Program Spending. The funding
provided in 2019-20 has been fully allocated. The
funding for large jurisdictions was oversubscribed
by $112 million, while the small jurisdiction
allocation was oversubscribed by $6 million. Among
large jurisdictions, just over half of available funding was allocated to projects in Northern California,
about 45 percent to Southern California, and
2 percent to Central California. Small jurisdictions
4 LEGISLATIVE ANALYST'S OFFICE
2022-23 BUDGET
in Central California received a significantly
higher proportion of the small jurisdiction set
aside-28 percent, while Northern California
received 60 percent and Southern California
received 11 percent. The Notice for Funding
Availability (NOFA) for the remaining Proposition 1
funding is expected in March 2022, while the
NOFA for the 2021-22 General Fund appropriation
is expected in April 2022. Figure 3 provides an
update on IIG Program spending since the program
was first established.

Governor's 2022-23 Budget Proposal
Augments Funding for /JG Program.

The budget proposes $225 million General Fund
in 2022-23, and $275 million in 2023-24, for the IIG
Program focused on development in infill areas and
locations that facilitate a reduction in VMTs. Unlike
the other recent General Fund augmentations for
IIG, this proposal does not specify a set aside
for small jurisdictions. However, the department
would have the authority to identify a percentage of
funds in the NOFA targeted to small jurisdictions.

Additionally, proposed budget-related legislation
is intended to facilitate program administration.

Some existing program rules, such as the definition
of a qualifying infill area, vary between the IIG
Program of 2007, which apply to the bond-funded
portions of the program and the IIG Program of
2019, which apply to the General Fund portions of
the program. The proposed legislation is intended
to bring alignment and consistency to the program
requirements-making more projects in small
jurisdictions eligible. Finally, the program would set
aside up to 5 percent of the proposed augmentation
for state operations.
• Anticipated Outcomes. HCD estimates
this funding would support approximately
108 new projects and support the creation
of 13,000 housing units.
• Implementation Plan. For the 2022-23
augmentation, HCD anticipates releasing
the NOFA in January 2023 and announcing
awards in June 2023. For the 2023-24
augmentation, HCD anticipates releasing
the NOFA in January 2024 and announcing
awards in June 2024.

AFFORDABLE HOUSING AND

SUSTAINABLE COMMUNITIES

PROGRAM
Background
Affordable Housing and Sustainable
Communities (AHSC) Program. Administered by
the Strategic Growth Council and implemented by
HCD, the AHSC Program funds land-use, housing,
transportation, and land preservation projects to
support infill and dense development that reduces
GHG emissions. Therefore, the AHSC Program
not only provides funding for the development
of affordable housing, it also supports activities
that allow residents to more easily move in their
community. For example, by supporting dedicated
bus lanes or establishing a bike share program.

Funding for the AHSC Program is provided from
the Greenhouse Gas Reduction Fund (GGRF),
an account established to receive cap-and-trade
auction proceeds. While factors inherent in the
cap-and-trade market means there is significant
Figure 3
Infill Infrastructure Grant Program Spending
(Dollars in Millions)
Remaining Next Funding Awarded Units
Fund Source Total Funding Release Projects Created
Proposition 1C (2006) $850 N/A 178 24,000
Proposition 1 (2018) 300 $140 March 2022 34
8 4,300
General Fund (2019-20) 300b NIA 60 6,800
General Fund (2021-22) 250c 250 April 2022 N/A N/A
8 Based on a partial release of available funding.
b $90 million set aside for small jurisdictions.
c $90 million set aside for small jurisdictions.
www.lao.ca.gov 5
2022-23 BUDGET
volatility in annual GGRF revenue, AHSC generally
receives 20 percent of the proceeds. Figure 4
shows how GGRF revenue allocated towards the
AHSC program has changed over time.

Update on AHSC Program Spending. In all,
the AHSC Program has allocated nearly $2.5 billion
GGRF over six rounds of funding through
2020-21 and has contributed to the creation of
16,400 housing units. Across all six rounds, the
projects are estimated to reduce pollutants in the
air equivalent to getting about 90,000 cars off the
road for one year. Typically, the program releases a
NOFA in October of each year-once proceeds from
that year's cap-and-trade auctions are knownapplications are accepted through February of each year and awards are announced annually in June.

Governor's 2022-23 Budget Proposal
Proposes General Fund for AHSC Program.

The budget proposes $75 million General Fund in
2022-23, and $225 million in 2023-24, to support
land-use, housing, transportation, and land
preservation projects for infill and more compact
development that reduces GHG emissions.

The continuous appropriation from GGRF for
the AHSC Program would not be affected by
this proposal.
• Anticipated Outcomes.

HCD estimates that this funding
would incentivize the creation
of 1,600 housing units through
projects completed as a result of
this proposal-400 housing units
due to the 2022-23 funding and
1,200 housing units due to the
2023-24 funding.
• Implementation Plan. For the
2022-23 augmentation, HCD
anticipates releasing the NOFA
in October 2022 and announcing
awards in June 2023. HCD
anticipates the same schedule
for the 2023-24 augmentation.

STATE EXCESS SITES
Background
Building Affordable Housing on Excess State
Property. In 2019-20, the Governor issued an
executive order directing the state to identify excess
state properties that are suitable for affordable and
mixed-income housing development. Ultimately,
the Governor aimed to solicit affordable housing
developers to build demonstration projects on excess
state property that use creative and streamlined
approaches to building (for example, using modular
construction). The administration indicated that this
approach was likely to produce housing units more
quickly and cost-efficiently than traditional projects
because housing developers would not need up-front
capital to purchase the land and would not need to
wait for local review processes.

However, in exploring the feasibility of affordable
housing development on state excess sites, HCD and
the Department of General Services (DGS) indicate
they encountered two recurring problems: (1) lack of
funding for environmental assessment and cleanup
and (2) lack of financing for affordable housing
development. The 2021-22 budget provided HCD
$45 million one-time American Rescue Plan (ARP)
Act fiscal relief funds to expand the state excess sites program with funding for brownfield remediation, and
Figure 4
GGRF Revenue for AHSC Program Over Time
(In Millions)
$700
600
500
400
300
200
100
2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22a a Estimated revenue.

GGRF ; Greenhouse Gas Reduction Fund and AHSC ; Affordable Housing ancj Sustainable Communities.
6 LEGISLATIVE ANALYST'S OFFICE
2022-23 BUDGET
budget-related legislation to expand the state excess
sites program with local government matching grants
that aim to incentivize further affordable housing
development on excess lands.

Update on State Excess Sites Program.

The state's review of excess properties has resulted
in a dynamic list of sites that are suitable for
development. So far, 18 sites have been authorized
to move forward with development and between
3,800 and 4,500 units of housing are anticipated
on these properties. Additionally, 5 to 10 more sites
are expected to move forward with development
in the current year. Currently, HCD and DGS have
identified 125 sites that are suitable and available for development across the state. HCD plans to release
the NOFA for $30 million (of the $45 million provided
in 2021-22) in March 2022 and anticipates making
awards to facilitate excess site development in
June 2022. HCD transferred the remaining $15 million
to DGS through an architectural revolving fund in
September 2021 for the investigation and remediation
of environmental conditions on excess sites.

Governor's 2022-23 Budget Proposal
Augments Funding for State Excess Sites
Program. The budget proposes $25 million
General Fund in 2022-23, and $75 million in 2023-24,
to expand affordable housing and adaptive reuse
opportunities on state excess land sites. Recently
released budget-related legislation would provide
additional details about the proposal. We continue to
review the legislation.
• Anticipated Outcomes. HCD has not
quantified the increase in affordable housing
supply this proposal could generate.
• Implementation Plan. HCD has not identified
dates for key milestones associated with this
proposal but notes general activities they would
undertake, such as continued collaboration
with DGS and technical assistance to local
entities to ensure excess sites are ready for
housing development.

ADAPTIVE REUSE
Governor's 2022-23 Budget Proposal
Establishes New, Temporary Adaptive Reuse
Program. The budget proposes $50 million General
Fund in 2022-23, and $50 million in 2023-24, for
a new adaptive reuse incentive grant program.

Adaptive reuse is the process of adapting and
rehabilitating unutilized or under-utilized, generally
commercial, buildings for housing. Adaptively
repurposing these buildings can entail obstacles
that can make it difficult for developers to offer the
housing at affordable rents. For example, (1) these
types of buildings were built to different code
requirements and must be updated to residential
building codes; (2) older buildings may need
updating to meet seismic standards for residential
occupancies, as well as remediating materials that
pose environmental hazards, such as asbestos
and lead-based paint; and (3) converting interior
spaces of large office buildings or warehouses may
be challenging since these areas are not adjacent
to windows. According to the administration, the
program would prioritize projects located in infill
and low-VMT areas. The administration recently has
proposed budget-related legislation to implement
this proposal, we are reviewing the language.
• Anticipated Outcomes. HCD estimates that
the funding would be awarded to 20 projects
and incentivize the creation of 1,460 to 1,960
housing units in total.
• Implementation Plan. For the 2022-23
augmentation, HCD plans to offer the
funding in conjunction with the upcoming
October 2022 AHSC Program NOFA, as this
is the department's next planned release of
funding. HCD indicates a strong interest in
moving quickly in order to take advantage
of opportunities created by commercial
property vacancies due to the COVID-19
pandemic. Awards would be anticipated in
the fourth quarter of 2022-23. If funds were
not fully awarded, HCD would release the
remaining funds concurrent with the 2022-23
"SuperNOFA," with awards anticipated for
spring 2023. For the 2023-24 augmentation,
HCD plans to offer the funding in a similar
matter-in conjunction with the October
2023 AHSC NOFA and, if funds remained,
in the spring SuperNOFA. Awards would be
anticipated in late 2023-24 for AHSC and early
in the 2024-25 for the SuperNOFA.
www.lao.ca.gov 7
2022-23 BUDGET

AFFORDABLE HOUSING
Affordable Housing Package Primarily
Expands Existing State Programs. The Governor
proposes $1 billion in one-time General Fund
over the next several years for affordable
housinq development.

STATE LOW INCOME

HOUSING TAX CREDITS
Background
State Low-Income Housing Tax Credit
Program. The state Low-Income Housing Tax
Credit Program provides tax credits to builders
of rental housing affordable to low-income
households. The program was created to
promote private investment in affordable housing
for low-income Californians. The California Tax
Credit Allocation Committee (CTCAC) administers
the federal and state Low-Income Housing Tax
Credit Programs. The state has historically made
about $100 million available annually for this
purpose. Since 2019-20 the budget has authorized
consecutive $500 million one-time expansions of
the state Low-Income Housing Tax Credit Program.

This additional tax expenditure brings total credits
to $1.5 billion across the past three years. Each
of these one-time expansions of the program
have made up to $200 million available for the
development of mixed-income housing.

Update on State Low-Income Housing
Tax Credit Program. CTCAC received
11 O applications for the tax credits authorized
by the 2019-20 budget. All of the 2019-20 tax
credits have been allocated. Of the 72 projects
that received tax credits, 18 projects shared the
$200 million set aside for mixed-income housing.

Collectively, these tax credits have resulted in
the new construction of 6,550 low-income units.

The 2021 annual report, which would provide
details on the tax credits authorized by the 2020-21
budget, is not yet available.

Governor's 2022-23 Budget Proposal
Continues One-Time Expansion of State
Low Income Housing Tax Credits. In addition
to the $100 million annually that the state makes
available for housing tax credits, the Governor's
budget proposes $500 million for tax credits to
builders of rental housing affordable to low-income
households. This would be the fourth consecutive
year in which the Governor has proposed a
one-time expansion of the state's housing tax
credit, for a total of $2 billion in tax credits. As with the prior expansions, up to $200 million would be
available for the development of mixed-income
housing projects.

MIXED-INCOME HOUSING
Background
Mixed-Income Program (MIP}. Administered
by the California Housing and Finance Agency
(CalHFA), MIP provides loans to developers for
new mixed-income rental housing development.

Specifically, these developments serve renters with
incomes between 30 percent and 80 percent of
the Area Median Income (AMI), with an option to
serve renters with incomes up to 120 percent of
AMI. The program was established in 2019 after
Chapter 91 of 2017 (SB 2, Atkins) established an
annual appropriation to CalHFA for the purpose
of creating mixed-income multifamily residential
housing for lower- to moderate-income households.

To fund these efforts, CalHFA receives 15 percent
of SB 2 funds. CalHFA expects to have a total of
$65 million available for MIP in 2022. In addition
to the continuous appropriation from SB 2, recent
budget actions have authorized General Fund
augmentations for the program. While the 2019-20
budget provided MIP $500 million General Fund
over four years, subsequent budget reversions
associated with the COVID-19 pandemic made
only $250 million available to the program over two
years. The 2021-22 budget provided $45 million
one-time General Fund for MIP. Figure 5 depicts
how SB 2 revenues for MIP have changed
over time.
8 LEGISLATIVE ANALYST'S OFFICE
2022-23 BUDGET
Update on MIP. The $300 million in funding
awarded to date-$128 million SB 2 funding and
$172 million General Fund-has contributed to the
creation of 5,500 housing units.

Governor's 2022-23 Budget Proposal
Augments Funding for MIP. In addition to
the $65 million available for MIP in 2022 through
SB 2 revenue, the budget proposes an additional
$50 million General Fund in 2022-23, and
$150 million in 2023-24, for MIP. Up to 5 percent
of this funding could be used for state operations
by CalHFA.
• Anticipated Outcomes. CalHFA anticipates
the proposal would support the development
of 5,000 additional housing units.
• Implementation Plan. CalHFA's budget
proposal does not identify dates for key
milestones associated with awarding
this funding.

PORTFOLIO

REINVESTMENT PROGRAM
Background
Portfolio Reinvestment Program. The 2021-22
budget provided HCD $300 million one-time
ARP fiscal relief funds for capital improvements to
affordable housing developments with affordability
covenants that are due to expire within five yearsDecember 2026. These housing units would transition to market-rate housing if the covenants
expire. As a result, the funding is intended to
preserve the state's affordable housing stock
because projects that receive this funding are
required to recommit to affordability covenants.

This newly created program was intended to
provide the department the flexibility necessary to
maintain the supply and quality of the affordable
rental housing units for which there has already
been a significant public investment.

Update on Portfolio Reinvestment Program
Spending. HCD has completed program design
and intends to issue the NOFA in March 2022, with
awards starting October 2022.

Governor's 2022-23 Budget Proposal
Expands and Augments Funding for Portfolio
Reinvestment Program. The budget proposes
$50 million General Fund in 2022-23, and
$150 million in 2023-24, to preserve targeted units
in infill and low-VMT areas and continue bolstering
the state's affordable housing stock. Budget related
legislation would preserve affordable HCD-funded
multifamily rental projects at risk of converting
to market-rate within the next ten years, beyond
the five years authorized for the 2021-22 funding.

Funds would be used for rehabilitation, including
upgrading systems to promote energy efficiency
and reduce GHG emissions, operating cost
assistance, and recapitalizing project reserves.

Projects that receive this funding would have to
recommit to remaining affordable.
• Anticipated Outcomes. HCD anticipates
preserving between 570 and 800 affordable
housing units.
• Implementation Plan. HCD anticipates
releasing the NOFA in 2022-23 and awarding
funds in 2023-24.

Figure 5
SB 2 Revenue for MIP Over Time
(In Millions)
$100
80 60
40 20
2019
8 2020 2021 20228
a Partial year revenue.

MIP = Mixed~lncome Program. , \
www.lao.ca.gov 9
2022-23 BUDGET

MOBILEHOME PARK

REHABILITATION AND RESIDENT

OWNERSHIP PROGRAM
Background
Mobilehome Park Rehabilitation and Resident
Ownership Program (MPRROP). The program
helps to preserve affordable mobilehome parks
by offering loans (1) so a resident organization,
nonprofit entity, or local public agency can
purchase (convert) a mobilehome park; (2) for
rehabilitation or relocation of a purchased park;
and (3) so low-income residents can purchase a
share or space in a converted park or to pay for the
cost to repair low-income residents' mobilehomes.

MPRROP was established in 1984 and is funded
through a registration fee on some manufactured
homes and loan repayments from prior loans.

All manufactured homes sold new on or after
July 1, 1980 pay local property tax and are not
subject to the annual fee. Therefore, over time,
the number of manufactured homes registered
annually have declined. There are currently
208,700 mobilehomes and manufactured homes
subject to annual registration. HCD does not have a
projection on the rate of reduction. As mobilehomes
are installed on foundation systems and
mobilehome owners convert to property taxes,
the amount of funding available diminishes each
year. The budget does not propose
in 2022-23, and $75 million in 2023-24, to finance
preservation and conversion of affordable mobile
home parks. Recently introduced budget-related
legislation would change the MPRROP name to the
Manufactured Housing Opportunity and Revitalization
(MORE) Program and expand its authority to provide
funding to support climate goals and conditions in
mobilehomes and mobilehome parks. We continue
to review the legislation.
• Anticipated Outcomes. The budget proposal
indicates that under a possible funding
structure, 40 percent of funds could support
park infrastructure and clean-up, 35 percent
could support repairs and replacements of
manufactured homes, 20 percent could support
park acquisition and conversion, and 5 percent
could support program administration.

The administration does not commit to this
specific breakdown.
• Implementation Plan. HCD anticipates
developing guidelines by January 2023 and
releasing the NOFA in May 2023. Applications
would be evaluated as they are received.

Depending on when applications were received,
awards could be announced as soon as
July 2023 and would continue on a flow basis
until the open application period ends or the
amount available has been awarded, whichever
occurs first.
changes to this fee revenue
sources. Figure 6 depicts how
MPRROP revenues have changed
over time.

Update on MPRROP Spending.

The most recent MPRROP NOFA
announced the availability of
approximately $34 million to award.

Since its inception, MPRROP has
awarded approximately $70 million,
supporting approximately
70 mobilehome parks.

Governor's 2022-23 Budget
Proposal
Expands and Proposes General
Fund for MPRROP. The budget
proposes $25 million General Fund
Figure 6
MPRROP Revenue Over Time
(In Millions)
$7
6 5
4 3
2 2016-17 2017-18 2018-19 2019-20 2020-21
a Estimated revenue.

MPRROP = Mobilehome Park Rehabilitation and Resident Ownership Program. 2021-22
3 10 LEGISLATIVE ANALYST'S OFFICE
2022-23 BUDGET

LAO COMMENTS

OVERALL HOUSING COMMENTS
Devote Attention to Overseeing Recent
Augmentations. We suggest the Legislature
dedicate the early part of the budget process
to overseeing the implementation of last year's
significant augmentations. In our examination of
recent investments, described above, we have
learned about the status of funding disbursements,
when unawarded funds are anticipated to be
released, and have an initial understanding about
the number of housing units that may be created
through recent augmentations. However, there is
more to learn as the Legislature conducts oversight
of these programs, assesses their performance,
and identifies opportunities to improve their
operation. For instance, (1) what were the
challenges and successes in standing up some of
the newer programs, such as the State Excess Sites
Program and the Portfolio Reinvestment Program;
(2) what are the demonstrated program successes
and/or are there opportunities for improving these
programs; (3) are there capacity constraints that
are limiting the effectiveness of these programs;
(4) where are resources being allocated and for
what purposes; (5) when will housing units start to
come on line; and (6) are state, local, and regional
entities coordinating effectively? Prior to authorizing increased funding for the activities proposed in
the 2022-23 budget, ensuring that the housing
efforts authorized in prior budgets are operating
effectively will be important. Ultimately, assessing
the performance of current programs and taking
stock of how prior actions collectively have moved
forward the state's housing response could inform
the Legislature's budget decisions in 2022-23.

Governor's Interest in Aligning Housing and
Climate Goals Meritorious, More Concerted
Efforts Necessary to Achieve Alignment.

As has been the case in recent years, the
Governor's budget continues to acknowledge the
significant need for additional housing in the state
and proposes programs that support housing
development. At the same time, the 2022-23
housing package reflects a secondary benefit
related to meeting climate change goals when the
state is strategic in building new housing. While
increased housing development is of foremost
importance to address the state's housing
affordability challenges, increased focus on where
housing is built will be necessary to mitigate
and adapt to the current and growing impacts of
climate change. Many of the Governor's budget
proposals would support more dense housing
development-near jobs, schools, and other
community amenities-that can be accessed with
public transportation, reducing dependence on
vehicles, and limiting GHG emissions. In addition
to helping to mitigating climate change, some of
these proposals would help the state respond to
the current impacts of climate change. For example,
the proposed MPRROP funding could support
weatherization activities to make manufactured
homes more resilient to the impacts of extreme
heat. These are meritorious goals, but additional
action is needed over the long term to build new,
and protect existing, housing from the impacts of
climate change.

Assess How Governor's Housing Package
Moves State Forward Towards Addressing
Housing Goals. Collectively, the Governor's
housing proposals would help build more housing
across the state, however, precisely how much
and where is unclear. For each component of
the Governor's housing proposal, we suggest
the Legislature engage the administration in a
discussion of the (1) allocation process, (2) eligible
activities and program guidelines, and (3) expected
housing production achievements. Another element
to consider is the extent to which the proposed
augmentations align with the recent land use and
housing policy changes the state has enacted.

Recent policy changes made by the Legislature
could have significant impact over time. Are there
ways in which budget actions could help ensure
their success, as well as better support local
planning efforts? For example, now that the state
has streamlined the process for homeowner to
create a duplex and/or subdivide their property,
should the state provide incentives for people to
leverage this legal flexibility?
www.lao.ca.gov 11
2022-23 BUDGET
Consider Evaluating Distribution of Housing
Development to Ensure Equitable Support.

Beyond the general benefits of greater housing
supply, there also are benefits from targeting
housing resources to ensure equitable support.

While households across the state face housing
affordability challenges, some regions of the state
have a more acute housing crisis. Furthermore, some
communities, have faced historical inequities that
make it more difficult for them to access housing
that is both affordable and suits their needs. The
Legislature may wish to consider how to target
resources to support housing development in
locations, and among communities, most in need of
additional affordable housing. To help the Legislature
inform this assessment, the Legislature could
assess if there are inequities is how funds have been
disbursed and consider solutions, such as geographic
set asides, to address any issues identified.

State's Capacity to Fully Utilize Proposed
Funding Unclear. In many cases, the proposed
funding is many orders of magnitude above what
has been provided previously for programs. While
directing augmentations to existing programs helps to
expedite release of funding compared to establishing
new programs, do these existing programs have
capacity to absorb the proposed funding? The state's
ability to spend the major augmentations within the
proposed time lines is unclear.

Consider Longer-Term Plan for Expanded State
Role in Housing. The scale of the housing crisis in
California is significant. Addressing this crisis requires a complex combination of fiscal resources and policy
solutions. The Governor continues to rely on one-time
resources to address the state's ongoing housing
challenge. As more information about recent state
efforts becomes available, we suggest the Legislature
assess which programs appear most effective at
quickly and cost-effectively producing housing. As the
impact of recent budget augmentations and policy
changes start to come to light, this will better position the Legislature to determine where continued actions
are necessary and help guide the state's long-term
fiscal strategy in addressing housing development and
affordability. For instance, the state could consider
establishing a housing fund for use over multiple years in order to support housing development.

State Appropriations Limit (SAL)
Considerations. The SAL constrains how the
Legislature can spend revenues that exceed a
specific threshold. Given recent revenue growth,
the SAL has become an important consideration
in the state budget process and will continue
to constrain the Legislature's choices in this
year's budget process. However, certain types
of spending, like some funding for capital outlay,
are excluded from this limit. Some prior housing
funding-such as General Fund spending on IIGhas met the SAL definition of capital outlay and has been excluded from the limit. As the Legislature
crafts its housing package, allocating funding to
housing programs excluded from the SAL could
allow the state to allocate more funds to those
programs than it otherwise could.

For Any Authorized Funds, Set Clear
Expectations and Establish Metrics to Assess
Performance. We recommend the Legislature
consider how the state would coordinate work
related to these proposals across programs and
departments. Setting clear expectations through
statute and establishing reporting requirements to
facilitate oversight over the state's progress towards
addressing the housing crisis will be critical.

PROPOSAL SPECIFIC COMMENTS
Affordable Housing and Sustainable
Communities Program
Volatile GGRF Revenue Makes Predicting
Annual AHSC Program Funding Difficult.

Revenue from quarterly cap-and-trade auctions
is deposited into the GGRF, and the funds are
allocated to various climate-related programs.

The auction proceeds are a very volatile revenue
source, which makes predicting the annual amount
going to AHSC difficult.

Modifications to GGRF Continuous
Appropriation Could Provide AHSC Program
More Funding Predictability. The Legislature
could consider a variety of modifications to the
continuous appropriations to help address the
revenue volatility. For example, the Legislature
could consider allocating a specific annual amount
to each continuously appropriated program,
rather than a set percentage of auction revenue.
12 LEGISLATIVE ANALYST'S OFFICE
2022-23 BUDGET
This approach would provide a more consistent
funding amount for these programs. Plus, if annual
revenue continues to grow, this structure would
allow the Legislature to use the annual budget
process to determine how to allocate the additional
funding in a way that best reflects its changing
priorities. Furthermore, most of the continuous
appropriations were established as part of the
2014-15 budget, and legislative priorities may
have changed over the last several years. If the
Legislature were to determine that the AHSC
Program were a much higher priority than other
programs receiving GGRF revenue, the continuous
appropriations could be reset accordingly.

Are One-Time General Fund Revenues
Better Allocated to Housing Programs Without
Ongoing Revenue Source? Despite its volatility,
GGRF is a continuously available source of revenue
for the AHSC Program. Many HCD housing
programs operate through bond proceeds or
one-time General Fund. We suggest the Legislature
assess how much total funding it wishes to allocate
towards the AHCS Program, then assess if there
is a gap between interest and available GGRF
revenue. Any gap in funding could be addressed
through a General Fund appropriation.

Mobilehome Park Rehabilitation and
Resident Ownership Program
Existing Revenue Source Is Declining.

Revenue from the annual mobilehome registration
fee has declined significantly since 2016-17.

In 2021-22, the administration estimates the
fee will generate $3 million. Current revenues
are insufficient to support the current program
objectives. In the near term, how the fee revenue
supporting the existing program would interact with
the proposed MORE Program is unclear. Would the
fee revenue roll over to the MORE Program?
Details on Focus of Proposed New Program
Will Be Important. Recently introduced
budget-related legislation will significantly change
the scope and purpose of program. While we
simultaneously continue to review the language,
we suggest the Legislature ask: (1) how would
the scope of eligible recipients change; (2) what
activities could be funded through the program;
(3) what criteria would the state use to evaluate
applications and make funding decisions; (4) what
steps would the state take to ensure geographic
equity of awarded funds; (5) how would the state
allocate funds among the various spending
categories, such as clean-up and acquisitions;
and (6) how the state will help preserve long-term
affordability of manufactured homes?

CONCLUSION
Addressing California's housing crisis is one
of the most difficult challenges facing the state's
policy makers. Millions of Californians struggle
to find housing that is both affordable and suits
their needs. While the Governor proposes funding
for specific programs that expand the availability
of affordable housing and expand housing
development, the Legislature could assess if the
focus of these programs align with the Legislature's
priorities. Furthermore, the Legislature could
assess opportunities to enhance the effectiveness
of recent legislation by allocating resources towards
those efforts. Ultimately, the enormity of California's housing challenges suggest that policy makers
engage on a variety of solutions. The crisis also is a
long time in the making, the culmination of decades
of shortfalls in housing construction. And just as
the crisis has taken decades to develop, it will take
many years or decades to correct.
www.lao.ca.gov 13
2022-23 BUDGET
14 LEGISLATIVE ANALYST'S OFFICE
2022-23 BUDGET
www.lao.ca.gov 15
2022-23 BUDGET

LAO PUBLICATIONS
This report was prepared by Lourdes Morales, and reviewed by Ginni Bella Navarre and Carolyn Chu. The Legislative Analyst's Office (LAO) is a nonpartisan office that provides fiscal and policy information and advice to the Legislature.

To request publications call (916) 445-4656. This report and others, as well as an e-mail subscription service, are available on the LAO's website at www.lao.ca.gov. The LAO is located at 925 L Street, Suite 1000, Sacramento, California 95814.
16 LEGISLATIVE ANALYST'S OFFICE

Carpinteria City CouncilMay 22, 2023

Carpinteria City Council
May 22, 2023