City of Carpinteria
City Council Regular Meeting Agenda
Monday, July 10, 2023
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 4:30 p.m. Closed Session - 5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website https://carpinteriaca.gov/cityhall/agendas-meetings/) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 889 0390 2262.
Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes.
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of City Council Regular Meeting Agenda
July 10, 2023
the meeting by either submitting your comment via (1) email to [email protected], (PLEASE NOTE NEW PUBLIC COMMENT EMAIL ADDRESS) or (2) the eComment link on the City's agenda website (https://carpinteriaca.gov/city-hall/agendas-meetings/). Please reference the agenda item to which your comment pertains. While written comments become part of the record, they will not be read aloud at the meeting.
Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment in-person in the City Council Chambers). Additional options may be made available at the meeting.
Also, please note that Spanish interpretation will be available at the in-person meeting and through the City’s Zoom webinar.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT ON CLOSED SESSION MATTERS
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1); Title: City Manager
TEMPORARY ADJOURNMENT TO CLOSED SESSION
CALL TO ORDER
ROLL CALL
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:
The City Council may consider Councilmember(s) request to participate in the meeting remotely under the regulations of AB 2449 by making the necessary findings and voting on whether the Councilmember(s) may participate remotely.
AGENDA MODIFICATIONS: The City Council may modify the regular agenda by tabling items, adding urgency items to the agenda, or changing the order in which items are City Council Regular Meeting Agenda
July 10, 2023
considered. Changes to the Consent Calendar are considered at the time the Consent Calendar is considered.
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS: NONE
TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY
MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
This may include updates on law enforcement activity within the City from a Sheriff’s Office representative.
CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.
a. Introduction of Paige Treloar-Ballard, Aquatics Program Coordinator in the Parks, Recreation and Public Facilities Department
b. Status Update on the Work of the Senior Services Planning Committee
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
This is a time for public comments on matters not otherwise on the agenda but within the subject matter jurisdiction of the City Council. The Public Comment period is limited to 15 minutes and divided among those persons desiring to speak. No person shall speak longer than three minutes; however, the Mayor may establish shorter periods based on the time available and/or the number of persons waiting to speak. Persons wishing to speak on a specific item will be recognized at the time the agenda item is considered.
The audio-visual system in the Council Chamber is not available for speaker use during the general Public Comment period.
The City and the City Council are not responsible for the content of statements made during the public comment period, or the factual accuracy of any such statements.
CONSENT CALENDAR: Items on the consent calendar are considered to be routine and are normally enacted by one unanimous vote of the Council. If you wish to speak on a consent calendar item please do so during the public comment period provided at the beginning of this item.
City Council Regular Meeting Agenda
July 10, 2023
2. Approve the minutes of the regular meeting held June 26, 2023.
3. Receive and file the Expenditures for the period beginning June 19, 2023 and ending June 30, 2023.
4. Adopt Ordinance No. 760 (second reading), making changes to the City of Carpinteria’s zoning regulations and General Plan/Local Coastal Program regarding regulation of formula businesses and changes to the Carpinteria Municipal Code including the addition of Chapter 14.53 entitled “Regulation of Formula Businesses” and the addition of a new definition to Chapter 14.08; and Adopt Resolution No. 6255, acknowledging receipt of, and accepting, the California Coastal Commission’s approval of LCP Amendment LCP-4-CPN-23- 0011-1 (Formula Businesses) Project 19-2151-LCPA/ORD; and Determine that approval and adoption of Ordinance No. 760 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. (This motion requires reading of ordinance title and roll call vote.)
ADMINISTRATIVE MATTERS:
5. Receive and act on the recommendations of the City Manager Succession Process Committee to enter into an agreement with Ralph Andersen & Associates for executive search services for the City Manager position in an amount not-to-exceed $33,000.
Recommendation: Authorize entering into an agreement with Ralph Anderson & Associates for executive search services for the City Manager position in an amount not-to-exceed $33,000. (This motion requires a roll call vote.) Staff Presenter: Olivia Uribe Mutal, Program Manager
a. Staff Report
b. Public Comment
c. City Council Determination
6. A consultant services agreement between the City of Carpinteria and the Housing Trust Fund of Santa Barbara County, (HTF) for a three-year term in an amount not to exceed $80,000, for implementation and compliance monitoring of the Workforce Homebuyer Down Payment Loan Program.
Recommendation: Authorize the City Manager to execute a three-year Agreement for Consultant Services with The Housing Trust Fund of Santa Barbara County to implement and monitor compliance of the Workforce Homebuyer Down Payment City Council Regular Meeting Agenda
July 10, 2023
Loan Program for a not to exceed amount of $80,000. (This motion requires a roll call vote.)
Staff Presenter: Steve Goggia, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination
7. Resolution No. 6256 establishing Skate Park Operating Hours when the Carpinteria Skate Park is open to the public.
Recommendation: Adopt Resolution No. 6256 establishing Skate Park Operating Hours when the Carpinteria Skate Park is open to the public. (This motion requires a roll call vote.)
Staff Presenter: Matt Roberts, Parks, Recreation and Public Facilities Director a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING: NONE
CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR
AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED
MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:
8. Harbor Seal Advisory Committee Recommendations and related actions.
Recommendation: Receive and file the Carpinteria Harbor Seal Rookery Report and direct staff to take related action(s), as it determines appropriate.
Staff Presenter: Erin Maker, Environmental Program Manager a. Staff Report
b. Public Comment
c. City Council Determination
9. Response(s) to a request by Moms Demand Action (MDA) concerning City of Carpinteria secure gun storage legislation.
City Council Regular Meeting Agenda
July 10, 2023
Recommendation: Direct staff to include in the City’s 2024 Work Plan one or more of the following measures to promote gun safety and discourage gun violence in the Carpinteria community: (1) Draft a Secure Gun Storage Ordinance in Carpinteria; (2) Implement a gun safety public information campaign in collaboration with MDA; (3) Organize or participate in a gun buyback event.
Staff Presenter: Olivia Uribe Mutal, Program Manager
a. Staff Report
b. Public Comment
c. City Council Determination
10. Request of the County of Santa Barbara for the City of Carpinteria to contribute $1,411 to County for a share of the cost of a survey to assess voter preferences related to a tax to support public libraries in Santa Barbara County.
Recommendation: Consistent with the recommendation of the Carpinteria Municipal Library Advisory Commission, contribute funding as requested by the County of Santa Barbara. (This motion requires a roll call vote.) Staff Presenter: Jody Thomas, City Librarian
a. Staff Report
b. Public Comment
c. City Council Determination
LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Informational reports from Councilmember representatives on the committees, commissions and organizations listed below. This is also an opportunity for Councilmembers to request information from staff or seek support from fellow Councilmembers for future agenda items.
1. Appointees to Other Government Agencies
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) (Solórzano/Alt. Clark)
b. California Joint Powers Insurance Authority (CJPIA) (Clark/Alt. Alarcon) City Council Regular Meeting Agenda
July 10, 2023
c. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.
Nomura)
d. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt.
Nomura)
e. Central Coast Community Energy (3CE) (Nomura/Alt. Goleta) f. Santa Barbara Mosquito and Vector Management District (Joe Franken) g. Santa Barbara Metropolitan Transit District (Solórzano)
2. Regional Committees
a. Channel Counties Division, League of California Cities (Nomura/Alt.
Alarcon)
b. Santa Barbara Joint Affordable Housing Task Group (Alarcon & Solórzano) c. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
d. South Coast Youth Safety Partnership (Solórzano/Alt. Lee) e. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)
3. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Alarcon & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee and Alarcon) d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Solórzano) f. City Council Finance/Budget Committee (Alarcon & Clark) g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura) (PC: To Be Selected by Planning Commission) (ARB: To Be Selected by Architectural Review Board)
i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Lee & Clark) (PC: To Be Selected by Planning Commission)
j. Public Facility Site Acquisition/Development Committee (Clark & Nomura) k. City Council Boards, Commissions and Committees Interview Committee (Clark & Nomura/ Alt. Lee)
4. Ad Hoc Committees
a. Harbor Seal Advisory Committee (Clark & Alarcon)
b. Senior Services Planning Committee (Lee & Solórzano) c. Civic/Youth Engagement Committee (Lee & Nomura)
d. City Council Housing Element Committee (Clark & Nomura) e. City Manager Succession Process Committee (Clark & Alarcon) City Council Regular Meeting Agenda
July 10, 2023
5. Appointed Representatives to Area Boards & Committees a. Community Media Access Center (Gary Dobbins)
b. County Library Advisory Committee (Gail Marshall)
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
ADJOURNMENT
The next regular City Council meeting will be held July 10, 2023 at 5:30 p.m.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at (805) 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.
Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office, located at 5775 Carpinteria Avenue, Carpinteria, CA 93013 or by going to the City’s website at https://carpinteriaca.gov/city-hall/agendas-meetings/.
This agenda was posted on Wednesday, July 5, 2023, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.
CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013
REGULAR MEETING AGENDA
MONDAY, JULY 10, 2023
5:30 P.M.
1. Call to order and roll call.
2. Confirmation of legal noticing and procedural requirements of meeting.
3. Public Comment – This is the time for public comments on matters not otherwise on the agenda but within the subject matter of the Carpinteria Library Board of Trustees.
4. Approval of minutes of the regular meeting held June 12, 2023.
5. July 2023 Community Library Update.
6. New Business & Discussion.
7. Adjournment.
The Carpinteria Library Board of Trustees agenda and any associated staff reports will be available on Thursday, July 6, 2023 on the City’s Website:
https://carpinteriaca.gov/city-hall/agendas-meetings/. The Carpinteria Library Board of Trustees agenda and staff reports are part of the City Council agenda for its regular meeting of July 10, 2023. Please see “TEMPORARY ADJOURNMENT FOR THE
PURPOSE OF HOLDING THE MONTHLY MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES.” Details and procedures on how to provide public comment and participate in the meeting through telephonic means are available on the posted City Council agenda at https://carpinteriaca.gov/city-hall/agendas-meetings/.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact Brian Barrett, City Clerk at [email protected] or (805) 755-4403. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting. This agenda was posted on Wednesday, July 5, 2023, in the City Clerk’s Office, on the City Hall Public Notices Board, and on the Internet.
CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013
REGULAR MEETING MINUTES
MONDAY, JUNE 12, 2023
1. Call to order and roll call.
President Clark called the meeting to order at 5:47 pm.
Boardmembers present: Boardmember Roy Lee
Boardmember Wade T. Nomura
Boardmember Mónica J. Solórzano
Vice President Natalia Alarcon
President Al Clark
Staff members present: Dave Durflinger, Chief Executive Officer Jody Thomas, City Librarian
Brian C. Barrett, Secretary
2. Confirmation of legal noticing and procedural requirements of meeting.
Secretary Barrett acknowledged that all legal noticing and procedural requirements have been met.
3. Public Comment
There was no public comment.
4. Approval of minutes of the regular meeting held May 8, 2023.
Motion by Boardmember Nomura, seconded by Vice President Alarcon, to approve the minutes of the regular meeting held May 8, 2023. The roll call vote was as follows:
AYES: Boardmember Lee, Boardmember Nomura, Boardmember Solórzano, Vice President Alarcon, and President Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Library Board of Trustees Regular Meeting Minutes
June 12, 2023
5. June 2023 Community Library Update.
City Librarian Thomas presented the staff report.
There was no public comment.
Motion by Boardmember Nomura, seconded by Boardmember Solórzano, to receive and file the June 2023 Community Library report. The roll call vote was as follows:
AYES: Boardmember Lee, Boardmember Nomura, Boardmember Solórzano, Vice President Alarcon, and President Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
6. New Business & Discussion.
There was no new business nor discussion.
7. Adjournment.
President Clark adjourned the meeting at 5:54 pm.
________________________________
Brian C. Barrett, CMC, CPMC, Secretary
C ty of Carpinteria
LreRARv Bonno or Tnusrees AceruoR Srarr Reponr
July 10,2023
ITEM FOR LIBRARY BOARD OF TRUSTEES CONSIDERATION
July 2023 Community Library Update.
STAFF RECOMMENDATION
Receive and file the report.
Sample Motion: I move to receive and file the Community Library report
BACKGROUND
The Carpinteria Community Library, established by Ordinance No. 747 , June 14,2021, which added Chapter 2.38 to the Municipal Code, also established a Library Board of Trustees (section 2.38.030) to meet at least once a month.
DISCUSSION
We wrapped our last month of our first year as an independent library. The City Council/Board of Trustees, City staff, Friends of the Library, the Library Advisory Commission, the County of Santa Barbara Community Services Department, the Community Resource Deputy, and the community of Carpinteria have been overtly supportive of the Community Library and that support has made our work possible.
We ended the year with nearly 3000 active card holders. ln addition, all approximately 2000 students in the Carpinteria Unified School District have access to our digital resources. We interacted with more than 7000 participants in library programs, events, and outreach activities. We counted 45,145 people in the door during this year.
It is challenging to measure our impact beyond statistics. We mostly do not hear whether someone got the job, or aced the test, or kept their savings safe from a phishing scheme. However, we have helped people with job applications, social services applications, and visa applications. We have translated documents, edited resumes, and helped many people access needed information both on their devices and on our public computers. We have gained access to information that was LBOT Staff Report
July 10, 2023
Page2
challenging to get (behind paywalls or archival resources), purchased books needed for vocational certifications, and provided access to resources for students of all ages. We have provided programs that support social connections, brain health, and grieving individuals. We proctored exams, taught digital literacy classes, and connected English language learners with tutors. We helped people get free internet in their home, gave away some laptops (through a grant), and introduced the library to new users. We offered enrichment and educational programs for all ages, and strived to serve everyone who walked in the door or accessed our resources online.
We accepted every invitation for outreach events and have been known to ask if the library may be included in events for which we were not originally on the invite list. We haven't learned all our patrons by name, but we are working on it.
As we look at year two, we will be focusing on early literacy training for staff, afterschool homework help, events and programs for teens, digital literacy, adult ESL, integrating programming with the senior services program and better promotion of our programs and events. lt has become trendy with public libraries to try to do everything for everyone and mission creep is real. Always our focus is on connecting people with resources, information, enrichment opportunities, and each other.
Library Advisory Commission meets monthly on the second Thursday of each month They had a special meeting in June to discuss a request by the County of Santa Barbara, which is before City Council at this meeting of July 10,2023.
Monthly statistics are included in this report (Attachment A)
POLICY CONSISTENCY
The Library programs and resources are consistent with the actions of the City Council concerning the establishment of a municipal library.
FINANCIAL CONSIDERATIONS
There are no financial considerations at this time.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
As determined necessary and appropriate, staff consults with the City Attorney's Office and risk managers of its insurance entity, the California Joint Powers lnsurance Authority, in order to ensure compliance with legal requirements and best practices.
OPTIONS
1. Receive and file
L:\Staff Reports\Staff Report for BOT Julv 2023.docx
LBOT Staff Report
July 10,2023
2. Direct staff as appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
No principal parties expected to attend.
ATTACHMENTS
Attachment A - June 2023 Statistics
Staff contact: Jody Thomas, City Librarian
(805) 684-431 4, iodyt@carpi nteriaca.qov
Staff contact: Matt Roberts,
Director of Parks, Recreation, and Public Facilities
(805) 7 55-4449, mattr@carpi nteriaca.qov
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]
&/a*wK,-tw- u
L:\Staff Reports\Staff for BOT Julv 2023.docx
ATTACHMENT A
Carpinteria Com m unity Libra ry
June 2023
June 2023
25 Open Days
5,530 Library visitors
161 New library cards issued (new patrons)
242Library items added to the collection
Library Programs
22 Programs (4 bilingual Spanish)
3 Outreach events (2 bilingual Spanish)
41 Program sessions
939 Program/event attendees
Public Computers Usage
131 sessions
4.23 hours per day (Avg)
127 hours
Public WiFi Usage
1790 sessions - 4.L3o/o increase
535 unique visitors - 4.79% increase
1560 total visits - O.32o/o increase
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, June 26, 2023
In-Person and Virtual
CALL TO ORDER
Mayor Clark called the meeting to order at 5:35 pm.
ROLL CALL
Councilmembers present: Councilmember Roy Lee
Councilmember Wade T. Nomura
Councilmember Mónica J. Solórzano
Vice Mayor Natalia Alarcon
Mayor Al Clark
Staff members present: Dave Durflinger, City Manager
Michael Ramirez, Assistant City Manager
Mack Carlson, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria
Brian C. Barrett, City Clerk
Steve Goggia, Community Development Director
Olivia Uribe Mutal, Program Manager
John L. Ilasin, Public Works Director
Licette Maldonado, Administrative Services Director
Matt Roberts, Parks, Recreation & Public Facilities
Director
Amber Workman, Aquatics Superintendent
Jody Thomas, City Librarian
PLEDGE OF ALLEGIANCE
Mayor Clark led those present in the salute to the flag.
COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:
There were no Councilmember requests for remote participation under AB 2449.
AGENDA MODIFICATIONS: NONE
City Council Regular Meeting Minutes
June 26, 2023
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:
1. Proclamation Celebrating the 85th Anniversary of the League of Women Voters of Santa Barbara.
There was no public comment.
Mayor Clark and the City Council presented the Proclamation to representatives of the League of Women Voters of Santa Barbara.
Vicki Allen, on behalf of the League of Women Voters of Santa Barbara provided remarks.
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
Lieutenant Butch Arnoldi with the Santa Barbara County Sheriff’s Department provided an update on crime in the City.
CITY MANAGER’S REPORT
a. Introduction of Paige Treloar-Ballard, Aquatics Program Coordinator in the Parks, Recreation and Public Facilities Department
City Manager Durflinger announced that the introduction of Ms. Treloar-Ballard would be held at a future Council meeting.
b. Status Update on the Work of the City Manager Succession Process Committee City Manager Durflinger noted the status update on the work of the City Manager Succession Process Committee would be heard via an item later on the agenda. c. Status Update on the Work of the Senior Services Planning Committee Assistant City Manager Ramirez reported that the Senior Prom took place on June 17th with 150 people attending and he thanked all the volunteers and sponsors who made the event happen. He noted that the senior programming has transitioned from Girls Inc. to the Carpinteria Arts Center and talked about potential schedule adjustments in programming. He related that Seniors Inc. is helping coordinate senior programming and reserving the Vets Hall and announced that the Area Agency on Aging will bring back senior meals likely in early July. d. Housing Element Update Status
Community Development Director Goggia mentioned the Housing Element is listed under the Hot Topics section on the City’s website. He related that the City City Council Regular Meeting Minutes
June 26, 2023
received a letter from the California Department of Housing and Community Development (HCD) on June 12th asking for more information on the City’s submitted Housing Element and that City staff has set up a phone meeting with HCD on Wednesday to discuss.
e. Accessory Dwelling Unit (ADU) information on City website Community Development Director Goggia commented that the ADU ordinance became effective in February earlier this year, and so far the City has received 50 inquiries on ADUs, 35 of those were very serious, to date the City received 10 ADU applications, two of which are completely through the process with building permits being issued, and one of them is under construction. He reported that most of these are conversions, some illegal garage conversions or illegal outbuilding conversions. He said that the plans for a 400 square foot ADU and a 480 square foot ADU are posted on the City’s website; the City is in process to place the ADUs under the Hot Topics section of the City’s website; and Associate Planner Syndi Souter is the primary contact for matters relating to ADUs.
City Manager Durflinger announced that on Saturday, July 1st on Linden Avenue the Rods and Roses Car Show would occur from 10 am to 2 pm and the Independence Day Parade would begin at 3:30 pm.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Gail Marshall, Roberta Lehtinen, and Connie Geston CONSENT CALENDAR:
There was no public comment.
Motion by Councilmember Lee, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 2 through 5. Upon voice vote, the motion carried unanimously.
2. Approve the minutes of the regular meeting held June 12, 2023.
3. Receive and file the Expenditures for the period beginning June 5, 2023 and ending June 16, 2023.
4. Receive and file the Contracts Executed by the City Manager on behalf of the City for the Period of May 16, 2023 through June 19, 2023.
5. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds for the Month of May 2023.
City Council Regular Meeting Minutes
June 26, 2023
ADMINISTRATIVE MATTERS:
6. Criteria and Interview Questions to be used in the Selection Process for the City Manager position executive search firm.
Recommendation: Approve the criteria and interview questions as recommended by the City Manager Succession Process Ad Hoc Committee for use by the Committee in the process of selecting an executive search firm to be recommended to the City Council.
Program Manager Uribe Mutal presented the staff report and PowerPoint presentation.
Speakers in-person: Mike Wondolowski
Councilmember Nomura commented that the questions and criteria are good, but rather generic. He recommended taking a look at the assets and challenges Carpinteria faces and create the questions and criteria based on that. He noted the following aspects:
City’s housing issue (potentially adding 901 new units); infrastructure (City working in conjunction with water and sanitary districts and law enforcement); City is unique in that it is entirely in the Coastal Zone; tourism plays a key role and the City’s collaboration with State Parks; the extremely high cost of living though the City does have a non-profit sector which provides support to the community. He noted that the City would have to present these items to the executive search firm as part of the City Manager search plan.
Motion by Councilmember Solórzano, seconded by Councilmember Lee, to approve the criteria and interview questions as recommended by the City Manager Succession Process Ad Hoc Committee for use by the Committee in the process of selecting an executive search firm to be recommended to the City Council and take into consideration the suggestions made by Councilmember Nomura.
Discussion ensued and the Council listed the following items to include under question no. 8: City’s housing issue (potentially adding 901 new units); infrastructure (City working in conjunction with water and sanitary districts and law enforcement); City is unique in that it is entirely in the Coastal Zone; tourism plays a key role and the City’s collaboration with State Parks; and the extremely high cost of living though the City does have a nonprofit sector which provides support to the community.
Councilmember Solórzano modified the motion to approve the criteria and interview questions as recommended by the City Manager Succession Process Ad Hoc Committee for use by the Committee in the process of selecting an executive search firm to be recommended to the City Council while including the additional clarifications to question no. 8 that Councilmember Nomura suggested. Councilmember Lee seconded the modified motion.
Upon voice vote, the modified motion carried unanimously.
City Council Regular Meeting Minutes
June 26, 2023
7. Cancellation of the regular City Council meeting of August 14, 2023.
Recommendation: Authorize the cancellation of the August 14, 2023 City Council meeting.
City Clerk Barrett presented the staff report.
There was no public comment.
Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to authorize the cancellation of the August 14, 2023 City Council meeting. Upon voice vote, the motion carried unanimously.
8. Second Amendment to Consultant Services Agreement between the City of Carpinteria and John Douglas/JHD Planning LLC for additional planning services to prepare the City’s 2023-2031 Housing Element for an amount not-to-exceed $6,000 and direct that the 10% donation be provided to People’s Self-Help Housing.
Recommendation: Authorize the City Manager to execute the Second Amendment (Attachment B) to the Agreement for Consultant Services to prepare the City’s 2023-2031 Housing Element for an amount not-to-exceed $6,000, for a total contract amount of $103,680, and direct that the 10% donation be provided to People’s Self-Help Housing. (This motion requires a roll call vote.) Community Development Director Goggia presented the staff report.
There was no public comment.
Motion by Vice Mayor Alarcon, seconded by Councilmember Solórzano, to authorize the City Manager to sign the Second Amendment to the Agreement for Consultant Services between the City of Carpinteria and John Douglas/JHD Planning, LLC to prepare the City’s 2023-2031 Housing Element for an amount not-to-exceed $6,000, for a total contract amount of $103,680, and direct that the 10% donation be provided to People’s Self-Help Housing. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
City Council Regular Meeting Minutes
June 26, 2023
9. Authorization for the City Manager to execute Amendment No. 1 to the Agreement with DCME to provide additional services for the Carpinteria Skate Park Project.
Recommendation: Authorize the City Manager to execute Amendment No. 1 to the Agreement with DCME to provide additional services for the Carpinteria Skate Park Project in the not-to-exceed amount of $139,060 for a total amended amount of $233,410 and approve a time extension. (This motion requires a roll call vote.)
Public Works Director Ilasin presented the staff report.
There was no public comment.
Motion by Councilmember Lee, seconded by Councilmember Nomura, to authorize the City Manager to execute Amendment No. 1 to the Agreement with DCME to provide additional services for the Carpinteria Skate Park Project in the not-to-exceed amount of $139,060 for a total amended amount of $233,410 and approve a time extension. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
PUBLIC HEARING (Continued from June 12, 2023 Regular City Council Meeting):
10. Adoption of the Fiscal Year (FY) 2023-24 Budget, setting related Appropriations Limits as required by State Law, making year-end amendments to the FY 2022- 23 Budget, updating the budget and fiscal policies, and adopting salary schedules for FY 2023-24.
Recommendation: Receive the staff report and public comments, close the public hearing, provide staff with direction concerning any changes to the proposed budget and take the following actions: (1) Approve and adopt by Resolution No. 6247, the Municipal Budget for Fiscal Year 2023-24, including authorization of year-end amendments for Fiscal Year 22-23, and updating the budget and fiscal policies; and (2) Establish the appropriation limit for the City of Carpinteria for the 2023-24 Fiscal Year through adoption of Resolution No. 6248; and (3) Establish the appropriation limit for the Street Lighting District No. 1 for the 2023-24 Fiscal Year through adoption of Resolution No. 6249; and (4) Approve and adopt Fiscal Year 2023-24 Salaries for SEIU-represented Employees, Miscellaneous and City Council Regular Meeting Minutes
June 26, 2023
Management Employees, and Part-Time, Temporary, and Seasonal Employees by Resolution Nos. 6252, 6253, and 6254, respectively. (This motion requires a roll call vote.)
Administrative Services Director Maldonado introduced Consultant Bill Statler who presented the budget and fiscal policies presentation. City Manager Durflinger provided an overview of the budget. Administrative Services Director Maldonado provided a budget summary by fund and program. Assistant City Manager Ramirez and Administrative Services Director Maldonado provided their respective budget presentations.
Mayor Clark recessed to a break at 7:44pm and reconvened the meeting at 7:58 pm.
Community Development Director Goggia, Public Works Director Ilasin, Parks, Recreation and Public Facilities Director Roberts, Aquatics Superintendent Workman, City Librarian Thomas, and Assistant City Manager Ramirez provided their respective budget presentations.
Mayor Clark opened the public hearing at 9:02 pm.
Speakers in-person: Mike Wondolowski
Emails distributed: Mike Wondolowski
Mayor Clark closed the public hearing at 9:06 pm.
Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to adopt Resolution Numbers 6247, 6248, 6249, 6252, 6253, and 6254, as read by title only, approving the Municipal Budget for FY 2023-24, setting related Appropriations Limits, making year-end amendments to the FY 2022-23 Budget, updating the budget and fiscal policies, and adopting salary schedules for FY 2023-24. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED: NONE MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
City Council Regular Meeting Minutes
June 26, 2023
OTHER BUSINESS: NONE
LEGISLATIVE UPDATE: NONE
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Councilmember Solórzano reported on her attendance at a Santa Barbara Metropolitan Transit District meeting where the transportation safety plan was adopted and there was discussion about the contactless payment system in all buses.
Councilmember Solórzano asked staff to provide an update on the sustainable community policy to get a status update and how the Council can be involved in the next steps. There was consensus of the Council to direct staff to bring back an update on the sustainable community policy.
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
This section of the agenda was not heard.
ADJOURNMENT
Mayor Clark adjourned the meeting at 9:12 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 10, 2023
ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning June 19, 2023 and ending June 30, 2023.
STAFF RECOMMENDATION
Receive and file Warrant Register for the period of June 19, 2023, through June 30, 2023, pursuant to Carpinteria Municipal Code 2.08.150(F).
DISCUSSION
As part of each regular City Council agenda, a list of all checks (attached) dispersed since the last reporting period is presented to the City Council pursuant to C.M.C.
2.08.150(F). The report is provided for City Council and public information and serves as staff's verification that the expenditures have been reviewed and are within budgeted appropriations.
FINANCIAL CONSIDERATIONS
The warrant register is designed to communicate fiscal activity since the prior reporting period.
ATTACHMENTS
Attachment A: Warrant Register for the period beginning June 19, 2023 and ending June 30, 2023.
Warrant Register
July 10, 2C23
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Staff contact: Licette Maldonado, Admin Services Dir.
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
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Warrant Register
Carpinteria, CA
Date Range: 06/19/2023 - 06/30/2023
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
INV0004735
JUN23 PREMIUMS
3361713
5524941
7613444
9113601
INV0004736
53972570.001
CCRF PROJECT C-131
INV0004738
INV0004748
PF-2023-36365
30019720
30020318
Vendor Name
Payable Type
AFLAC
Invoice
CARPINTERIA EVENTS
Invoice 2023 INDEPENDENCE PARADE
ENCOMPASS CONSULTANT GROUP INC 06/22/2023 Regular
Invoice MAY23 ENGINEERING FOR PAVEMENT MAINTENANCE PROJECT GILBERT PUNSALAN 06/22/2023
Invoice PETTY CASH REPLENISHMENT 6/22/2023
GUARDIAN
Invoice
HOME DEPOT CREDIT SERVICES
Invoice
Invoice
Invoice
Invoice
SANTA BARBARA COUNTY SHERIFFS DEPT
Invoice
Invoice
Invoice
UNITED PET CARE
Invoice
Invoice
BOB TRAUTZ
Invoice
Invoice
SHAWN MCMASTER
Invoice
Invoice
Payable Description
JUNE 2023 EMPLOYEE PREMIUMS
JUN23 PREMIUMS
Payment Date Payment Type Payment Amount Number
06/22/2023
06/22/2023
06/22/2023
06/22/2023
4X4 SIGN FOR MEMORIAL PARK
PAINT SUPPLIES FOR GRAFFITI
PAINT SUPPLIES FOR PW
POWER WASHER REPLACEMENT NOZZLES
NGU DRONE PHOTOGRAPHY LLC 06/22/2023
Invoice 5/31/23 DRONE VIDEO SERVICES
06/22/2023
JUN23 CONTRACTED LAW ENFORCEMENT SERVICES
SANTA BARBARA COUNTY WATER AGENCY
SANTA BARBARA SWIM CLUB
JUN23 PET INSURANCE PREMIUMS
ACCESS CONTROL SECURITY INC
JUN23 LIBRARY PERFORMANCE
SMART OFFICE INTERIORS
CITY HALL OFFICE FURNITURE
06/22/2023
OUR WATER OUR WORLD EDUCATION & OUTREACH
06/22/2023
2023 SBSC SEMANA NAUTICA SWIM MEET
06/22/2023
06/29/2023
CARPINTERIA VALLEY WATER DISTRICT 06/29/2023
Invoice 1 INCH LANDSCAPE METER FOR SKATE PARK
SANTA BARBARA COUNTY WATER AGENCY 06/29/2023
Invoice FY22/23 POLLUTANT LOAD MONITORING
06/29/2023
06/29/2023
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
SMARDAN HATCHER COMPANY 06/22/2023 Regular
Invoice PLUMBING PARTS FOR ASH ST PUBLIC RESTROOM
Regular
Regular
SECURITY AT VETS HALL 5/20/23, 5/27/23
06/29/2023 Regular
VARIOUS REPAIRS THROUGHOUT CITY THROUGH 6/14/23
VARIOUS REPAIRS THROUGHOUT CITY 6/20/23-6/23/23
Regular
PLANNING & DEVELOPMENT-COUNTY OF SANTA BARBA 06/29/2023 Regular Invoice JUN23 COUNTY PLANNING CHECKS FOR RINCON MULTI USE Regular
Regular
Regular
UNITED PET CARE 06/29/2023 Regular
Invoice APR23 PET INSURANCE PREMIUMS
Invoice MAY23 PET INSURANCE PREMIUMS
WEX BANK (CHEVRON) 06/29/2023 Regular
Invoice JUN23 FUEL FOR CITY VEHICLES
MISSIONSQUARE 06/29/2023 Regular
396.94 101818
8,500.00 101819
16,183.75 101820
129.69 101821
9,130.19 101822
388,65 101823
535,00 101824
421,415.00 101825
2,178.63 101826
235,00 101827
61-44 101828
35.00 101829
627.00 101830
4,863.26 101831
27,787.00 101832
2,308.70 101833
4,001.79 101834
400.00 101835
5,079.39 101836
35.00 101837
1,147.76 101838
7,003.95 101839
ii,V0004743
INV0004744
INV0004745
invoice
Invoice
Invoice
CM0000276
INV0004746
SEIU LOCAL 620
Credit Memo
Invoice
Deierred Compensation Contribution-Part Time Emp
MissionSquareEmployPP Cnntrlhutlons
MISSIONSQUARE Employee Contributions
06/29/2023
Employee Union Dues Contribution
Employee Union Dues Contribution
UNITED WAY OF SANTA BARBARA COUNTY 06/29/2023
INV0004747 Invoice Employee United Way Contribution
INV0004749
GILBERT PUNSALAN 06/29/2023
Invoice PETTY CASH REPLENTISHMENT 06/29/23
Regular 232.36 101840
Regular 24.00 101841
Regular 169.79 101842
ALL LANGUAGES INTERPRETING & TRANSLATING INC. 06/22/2023 Virtual Paymenl Invoice 2 INTERPRETERS FOR CC MTGS 5/8, 5/22, 5/15, 6/5/23 AMAZON CAPITAL SERVICES INC 06/22/2023
11H6-NP3C-DMGV
134X-T9LK-J3HN
14CL-L3K3-91NX
1CW3-QQKG-43CN
lFl Y-FFNY-163C
1FDF-DYHQ-6NHY
1FMG-F9WQ-J46J
1FT7-6VHX-3MYH
1FX6-QD1C-DTKC
1KGV-13RF-44LN
1PRD-QRQN-3HHW
1QXK-H76W-1Ll(;
1T4R-F31L-19XY
l T4R-F31L-3T9R
1 VG7-WGYK-HD1K
1 VG7-WGYK-JV1 W
1VXG-T44L-1TMK
1Y6C-TRXF-3K49
1 YDJ-96HT-CFJ4
892312802
26968
26969
26980
509081
509992
510012
510347
510619
JUN23 001 3011 028450702
JUN23 805-684-4314-063022-5
JUN23 805-684-7613-042205-5
Credit Memo
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Credit Memo
Credit Memo
Invoice
Invoice
CANNON
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
COX BUSINESS
Invoice
Invoice
Invoice
Invoice
GRACE NOTE
Invoice
LIBRARY BOOKS RETURN
BOOKS FOR LIBRARY
BOOKS FOR LIBRARY
LED CURTAIN LIGHTS, CHRISTMAS LIGHTS
BOOKS FOR LIBRARY
PRESSURE WASHER PUMP FOR POWER WASHER
ZIP BOOKS-D. JAYNES
BOOKS FOR LIBRARY
MATERIAL FOR SUMMER READING PROGRAM
LIBRARY PROGRAM PRIZES WATERCOLOR PAINTS
BOOKS FOR LIBRARY
LIBRARY PROGRAM SUPPLIES FOR SRP
ZIP BOOKS-K. QUIGLEY
LIP WUKS-K. ALEXANDER
BOOKS FOR LIBRARY
BOOKS FOR LIBRARY
BOOKS FOR LIBRARY
BARCODE LABELS RETURN
BOOKS FOR LIBRARY RETURN
AMERICAN FOOD CORP
Invoice SNACKS FOR POOL 5/8/23
AMERICAN SILKSCREEN INC 06/22/2023
Invoice CARPINTERIA TRITONS ADULT TEE SHIRTS
CARPINTERIA TRITONS YOUTH TEE SHIRTS
JUNIOR LIFEGUARD MESH CAPS
06/22/2023
2023 FEMA CRS APPLICATION SERVICES
CARPINTERIA VALLEY LUMBER CO
COAST AUTO PARTS INC
BATTER FOR UNIT 120
ELITE GENERAL ENGINEERING
MANHOLE REPAIR 1212 CRAVENS
FRONTIER COMMUNICATIONS
06/22/2023
06/22/2023
06/22/2023
COASTAL VIEW NEWS 06/22/2023
Invoice PLANTING RESTORATION AD 6/1/23
Invoice ABOP AD 6/8/23
06/22/2023
JUN23 VETS HALL INTERNET SERVICES
06/22/2023
06/22/2023
06/22/2023
JUN23 LISTING DISTRIBUTION SERVICES-GATV
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
HARDWARE FOR NO CAMPING SIGNS
DRILL BITS TO INSTALL PUBLIC TRASH CANS@ DOWNTOWN
PAINT BRUSH FOR SIGN WORK
SAWHORSES FOR PUBLIC WORKS-SUPPLIES
HARDWARE FOR SHOP
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
DEWBERRY ENGINEERS INC. 06/22/2023 Virtual Paymenl
Invoice APR23 SERVICES FOR CARP AVE BRIDGE PROJECT
Virtual Paymenl
Virtual Paymenl
JUN23 PHONE & INTERNET SERVICES FOR LIBRARY
JUN23 PHONE & INTERNET FOR LG TOWER & BOATHOUSE
9747103432
Virtual Paymenl
3,230.00 APA001925
1,990.99 APA001926
92.07 APA001927
7,763.96 APA001928
377.25 APA001929
114.53 APA001930
228.89 APA001931
692.00 APA001932
271.98 APA001933
1,201.52 APA001934
3,489.60 APA001935
315.18 APA001936
73.45 APA001937
LIN CONSULTING INC. 06/22/2023 Virtual Paymenl
Invoice MAY23 ENGINEERING CARP & PALM AVE INTERSECTION
MISSION UNIFORM SERVICE 06/22/2023 Virtual Paymenl
519415998
519416001
Invoice
Invoice
MAT REPLACEMENT AT POOL 6/5/23
MAT REPLACEMENT AT LIBRARY 6/5/23
600-2023-05
MRS ENVIRONMENTAL INC 06/22/2023 Virtual Paymenl
Invoice MAY23 OIL & GAS ON CALL ENVIRONMENTAL SERVICES
01352C023179507
01352DA23188944
INV0004734
2277-02-0523
JUN23 700474689651
1192
1193
1194
1195
22-2304091
520230161
17TD-19PM-19LH
17TD-19PM-QMNH
19NK-X6FL-DJLN
19TC-MHT9-7VXH
19V9-RD9N-4YV7
1CCK-1MTRE-3LFK
1G6N-CF3D-77WC
1HGH-LN71-4VRT
1HPV-PHC4-DHVD
1J77-FQ77-1HPG
1J77-FQ77-F946
1JDL-7Fl 7-QKKM
1JH9-J4HJ-3VHJ
1K43-LQN4-6DP7
lLMK-JKTW-DVJK
1LQ7-V1HH-FTFR
1M1H-3NH7-T7WQ
1 M KR-1JXK-9YY J
1MQX-XNGG-4L3N
lMRW-FGGK-lHGL
1N6H-GWPT-JQ46
1N6Y-DPFX-JXMD
1QG4-DHXD-9JXL
1 TNQ-K6MJ-3RVV
OVERDRIVE INC.
Invoice
Invoice
PLANNING & DEVELOPMENT-COUNTY OF SANTA BARBA 06/22/2023 Virtual Paymen1 Invoice MAY23 COUNTY PLANNING CHECKS FOR RINCON MULTI USE
ROY HARTHORN
Invoice
RRM DESIGN GROUP 06/22/2023 Virtual Paymenl
Invoice MAY23 DOWNTOWN DESIGN OVERLAY PROGRAM SERVICES
SANSUM CLINIC
Invoice
SO CA EDISON
Invoice
06/22/2023 Virtual Paymenl
JUN23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY
JUN23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY
MAY23 PLAN CHECK SERVICES
06/22/2023
PRE-HEAL TH SCREENING FOR AQUATICS
06/22/2023
JUN23 ELECTRICITY-4683 9TH ST
SOLID WASTE SOLUTIONS INC
Invoice
06/22/2023
06/22/2023
MAY23 WASTEWATER PROFESSIONAL SERVICES
TKM ENGINEERING 06/22/2023 Virtual Paymenl
Invoice MAY23 TRAFFIC ENGINEERING STAFF AUGMENTATION
Invoice MAY23 TRAFFIC STUDY REVIEW
Invoice MAY23 REVIEW TRAFFIC STUDY LAGUNITAS APARTMENTS Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Credit Memo
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Credit Memo
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
MAY23 TRAFFIC ENGINEERING STAFF AUGMENTATION
TRAFFIC TECHNOLOGIES LLC
TRI-CO REPROGRAPHICS
AMAZON CAPITAL SERVICES INC
Invoice ZIP BOOKS-P. RODRIGUEZ
06/22/2023
REPLACEMENT STREET SIGNS THROUGHOUT TOWN
06/22/2023
SCANNING SMALL FORMAT, FILE RENAME 6/15/23
SCANNING COLOR, PDF EXTRACT, COMBINE 6/15/23
UNDERGROUND SERVICE ALERT OF SOUTHERN CALI FOR 06/22/2023 ALL LANGUAGES INTERPRETING & TRANSLATING INC. 06/29/2023 Invoice 2 INTERPRETERS FOR CC MTG 6/12/23
06/29/2023
Virtual Paymenl
Virtual Paymen1
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
Virtual Paymen1
Virtual Paymenl
JUN23 CA STATE FEE FOR REGULATORY
JUN23 NEW TICKET CHARGES & DATABASE MAINTENANCE
Virtual Paymenl
Virtual Paymenl
3,539.75 APA001938
61.48 APA001939
13,327.50 APA001940
666.85 APA001941
2,561.70 APA001942
14,637.24 APA001943
2,530.00 APA001944
148.00 APA001945
15.60 APA001946
1,420.25 APA001947
5,557.50 APA001948
1,420.80 APA001949
40.05 APA001950
309.09 APA001951
700.00 APA001952
4,288.77 APA001953
BOOKS FOR LIBRARY
3 RING BINDERS RETURNED
ZIP BOOKS-R. JONKA
4TH OF JULY PARADE SUPPLIES
ZIP BOOKS-B. COFFEY
LIBRARY SUMMER READING PROGRAM
STORAGE ROOM CONTAINERS
ZIP BOOKS-P. SEDANO
BOOKS FOR LIBRARY
BOOKS FOR LIBRARY
BOOKS FOR LIBRARY
ZIP BOOKS-L. LLAMBIAS
BOOKS FOR LIBRARY
BOOKS FOR LIBRARY
BOOKS FOR LIBRARY RETURNED
BOOKS FOR LIBRARY
BOOKS FOR LIBRARY
ZIP BOOKS-M. GARCIA
BOOKS FOR LIBRARY
BOOKS FOR LIBRARY
BOOKS FOR LIBRARY
ZIP BOOKS-L. CEDERQUIST
BOOKS FOR LIBRARY
11 QP-PPY1-99Ml
1 W1K-X4KO-7OKV
1XD9-MKN7-9FFQ
1 YVY-VRD6-46TD
Invoice
Invoice
Invoice
Invoice
IN2771517
BASIC
Invoice
LIBRARY LITERACY PROGRAM
LIBRARY SUMMER READING PROGRAM
ZIP BOOKS-P. MARCUS
ZIP BOOKS-M. PERRY
06/29/2023
JUN23 MONTHLY FSA ADMIN FEE
BENGAL ENGINEERING 06/29/2023 Virtual Paymenl
Invoice DESIGN SERVICES FOR RINCON TRAIL THROUGH 5/31/23 BIG GREEN CLEANING COMPANY 06/29/2023 Virtual Paymenl
Invoice MULTIPLE HOMELESS CAMP CLEANUP 5/25/23
939482
939483
939484
BROWNSTEIN HYATT FARBER SCHRECK 06/29/2023 Virtual Paymenl Invoice PROFESSIONAL LEGAL SERVICES THROUGH 4/30/2023
Invoice
Invoice
PROFESSIONAL LEGAL SERVICES THROUGH 4/30/2023
PROFESSIONAL LEGAL SERVICES THROUGH 4/30/2023
CA DEPT OF JUSTICE
Invoice
84769
84783
84790
84839
CANNON
Invoice
Invoice
Invoice
Invoice
06/29/2023
MAY23 FINGERPRINT APPLICATIONS
06/29/2023
APR23 CARPINTERIA LIBRARY IMPROVEMENTS
MAY23 DESIGN SERVICES-700 LINDEN AVE
MAY23 PETROLEUM PIPELINE ABANDONMENT
MAY23 DESIGN SVCS FOR 2022 PAVEMENT REHABILITATION
CANON FINANCIAL SERVICES INC
Invoice
CARPINTERIA VALLEY LUMBER CO
06/29/2023
JUN23 CHARGES FOR CANON 5760 & B&W 6275
06/29/2023
~1U311
510533
510791
511312
Invoice
Invoice
Invoice
Invoice
tYt LAli llULI ~UK llUUY~
LIGHT PLATES FOR SHOP AND COUCIL CHAMBERS
ROPE FOR BUOYS
POOL GATE DOOR REPAIR
COAST AUTO PARTS INC 06/29/2023
Invoice BATERY/STUD/POST FOR UNIT 120
COASTAL OCCUPATIONAL MEDICAL GROUP 06/29/2023 Virtual Paymenl Invoice MAY23 PRE-HEALTH SCREENING FOR SWIM COACH
COASTAL VIEW NEWS 06/29/2023
Invoice ORDINANCE 767 CC AD 6/15/23
COTTON SHIRES AND ASSOCIATES INC 06/29/2023 Virtual Paymenl Invoice PROFESSIONAL ENGINEERING SVCS THROUGH 5/18/23
COUNTY SANITATION COMPANY INC STEWARTS & SEW 06/29/2023 Virtual Paymenl Invoice REPAIR MECHANICAL ROOM AT MONTE VISTA PARK 6/16/23 EV CONNECT INC.
Invoice
GEOSYNTEC CONSULTANTS 06/29/2023 Virtual Paymenl
Invoice CARP VIA REAL DESIGN SERVICES THROUGH 5/31/23
9723043221
GRAINGER
Invoice
06/29/2023
ELECTRIC VEHICLE CHARGING STATIONS
06/29/2023
LARGE YELLOW DUST PAN FOR SHOP
HINDERLITER DE LLAMAS 06/29/2023
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
Virtual Paymenl
SIN028955
SIN029099
Invoice
Invoice
LARRY NIMMER
Invoice
CONTRACT & AUDIT SERVICES-SALES TAX Q4 2022
CONTRACT & AUDIT SERVICES-TRANSACTION TAX Q4 2022
06/29/2023 Virtual Paymenl
VIDEO PRODUCTION FOR CARP GRADS ON BANNERS
LIEBERT CASSIDY WHITMORE 06/29/2023 Virtual Paymenl
Invoice PROFESSIONAL LEGAL SERVICES THROUGH 5/31/23
5828088
5853152
MARBORG INDUSTRIES 06/29/2023 Virtual Paymenl
Invoice MAY23 RENT PORTABLE RESTROOMS@ PARKING LOT 1
Invoice JUN23 RENT PORTABLE RESTROOMS@ PARKING LOT 1
MCCORMIX CORP
Invoice
519369369
JUN23 FUEL FOR CITY VEHICLES
06/29/2023 Virtual Paymenl
MISSION UNIFORM SERVICE 06/29/2023 Virtual Paymenl
Invoice MAT REPLACEMENT, UNIFORM CLEANING 5/29/23
116.84 APA001954
2,080.31 APA001955
835.00 APA001956
62,947.00 APA001957
239.00 APA001958
95,827.02 APA001959
1,249.52 APA001960
134.69 APA001961
173.77 APA001962
160.00 APA001963
1,388.00 APA001964
2,569.46 APA001965
397.19 APA001966
3,270.00 APA001967
1,559.42 APA001968
74.48 APA001969
1,494.12 APA001970
568.75 APA001971
8,144.55 APA001972
1,802.40 APA001973
117.85 APA001974
665.54 APA001975
519369370
519416014
519462245
519462246
519504922
519504934
519504935
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
TOWEL & MAT REPLACEMENT-CITY HALL 5/29/23
TOWEL & MAT REPLACEMENT-CITY HALL 6/5/23
MAT REPLACEMENT, UNIFORM CLEANING 6/12/23
TOWEL & MAT REPLACEMENT-CITY HALL 6/12/23
MAT REPLACEMENT AT LIBRARY 6/19/23
MAT REPLACEMENT, UNIFORM CLEANING 6/19/23
TOWEL & MAT REPLACEMENT-CITY HALL 6/19/23
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6,714.40 APA001976
2,766.23 APA001977
17,224.52 APA001978
11,673.25 APA001979
7,437.50 APA001980
15,332.50 APA001981
205.00 APA001982
32.80 APA001983
66.52 APA001984
708.49 APA001985
163.50 APA001986
2,172.71 APA001987
239.65 APA001988
34.05 APA001989
480.86 APA001990
2,231.25 APA001991
73.25 APA001992
9,705.00 APA001993
447.90 APA001994
5,181.60 APA001995
295.83 APA001996
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 10, 2023
ITEM FOR COUNCIL CONSIDERATION
Second reading of Ordinance No. 760, making changes to the City of Carpinteria's ("City") zoning regulations and General Plan/Local Coastal Program ("GP/LCP") regarding regulation of formula businesses. Changes to the Carpinteria Municipal Code ("CMC") include the addition of Chapter 14.53 entitled "Regulation of Formula Businesses" and the addition of a new definition to Chapter 14.08; and Adoption of Resolution No. 6255, acknowledging receipt of, and accepting, the California Coastal Commission's approval of LCP Amendment LCP-4-CPN-23-0011-1 (Formula Businesses) Project 19-2151-LCPA/ORD); and
Determination that approval and adoption of Ordinance No. 760 is exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061 (b)(3) of the CEQA Guidelines.
(motion requires reading of ordinance title and roll call vote)
STAFF RECOMMENDATION
1. Adopt Ordinance No. 760 (second reading); and
2. Adopt Resolution No. 6255; and
3. Determine that Ordinance No. 760 is exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061 (b)(3) of the CEQA Guidelines.
Motion: I move to adopt Ordinance No. 760 (second reading), as read by title only, adopt Resolution No. 6255, as read by title only, and approve the CEQA Notice of Exemption.
Formula Business Ordinance (second reading)
July 10, 2023
BACKGROUND
At its meeting of February 14, 2022, the City Council requested that staff prepare a report on how cities regulate chain stores and restaurants, also known as "formula businesses," that have standardized services, decor, methods of operation, and other features that make them virtually identical to businesses elsewhere.
During its meeting on May 9, 2022, the City Council received information that a proliferation of formula businesses can have deleterious impacts on a community's health, safety, and welfare. For example:
Cities have found it common for formula businesses to arrive in an area en masse, squeezing out independent businesses and causing a speculative run-up in rents that results in the wholesale transformation of a business district almost overnight.1 The loss of independently owned/operated stores can also have long-term economic consequences for communities. One study of independent business in San Francisco found that an increase of 10% in independent businesses' market share would yield an increase of nearly $200 million in economic activity and nearly 1,300 new jobs, while a 10% decrease in market share would cause declines in economic activity and jobs by the same amount.2 In addition to causing downtown or neighborhood business districts to lose their distinctive appeal, formula businesses often drive up rents where they locate.
Higher rents can have the effect of pushing out independent entrepreneurs and low-margin/service businesses that meet the basic needs of surrounding neighborhoods (such as grocers and beauty/barber shops). 3 Local economies dominated by formula businesses also tend to be solely profit based and uninterested in meeting community needs over time, as opposed to a business model that fills a local niche and/or is complementary to existing businesses in similar categories.
4 Perhaps of greatest concern, formula
businesses often invest locally generated profits outside of the community, and disappear quickly when the economy contracts or their corporate strategy shifts, leaving behind building vacancies with higher rent expectations. 5 1 S. Mitchell, Formula Business Restrictions, Institute for Local Self-Reliance ("ILSR") https://ilsr.org/rule/formula-business-restrictions/ (as of May 17, 2022). 2 Civic Economics, The San Francisco Retail Diversity Study https://community-wealth.org/content/sanfrancisco-retail-diversity-study-report-prepared-san-francisco-locally-owned-merchants (as of May 17, 2022).
3 S. Mitchell, supra fn. 1.
4 Id.
5 Id.
N:\Project Files\2022 \2151 Formula Business Ordinance\7.10.2023 Second Read\CC Staff Report re Final Formula Business Regulations.docx
Formula Business Ordinance (second reading)
July 10, 2023
After receiving the staff report, the City Council heard from staff and a member of the public regarding the impacts that the proliferation of formula businesses could have on the City's commercial areas and directed staff to return with an urgency ordinance to establish a temporary moratorium on the establishment of formula businesses throughout the City while City staff and the City Council study and consider permanent regulations on formula businesses. The staff report for the May 9, 2022 meeting can be accessed on the City's website at www.carpinteriaca.gov and is hereby incorporated by reference.
As directed by the City Council, staff returned to the next meeting on May 23, 2022 with options for a temporary moratorium on the establishment of any new formula businesses. The staff report and draft moratorium were crafted in a manner to offer the City Council a menu of options to choose from related to the geographic scope of the moratorium, the types of formula businesses to be regulated, how to define formula businesses, and considerations for whether to allow for any exceptions for the replacement and/or relocation of existing formula businesses. Because only three Councilmembers were present during this item (which requires a four-fifth (4/5) vote for approval), the City Council could not take action on the item and continued its consideration to a date when four of the Councilmembers could be present. The staff report for the May 23, 2022 meeting is available online at www.carpinteriaca.gov and hereby incorporated by reference.
On June 27, 2022, the City Council approved Ordinance No. 755, an urgency ordinance establishing a temporary moratorium on the establishment of formula businesses in the City, as modified by the City Council. At this meeting, the City Council considered additional public testimony and examples of language from other municipalities' formula business regulations (e.g., geographic scope, types of businesses to be regulated, definition of formula business, and exceptions) before adopting the moratorium. The City Council cited, among other reasons for the moratorium, the City's character as a classic California beach town; the City's desire to foster businesses that serve both the needs of City residents and visitors and thereby ensure the community's quality of life; the resiliency of the City's vibrant, small-scale, diversified commercial character; and furthering the City's economic vitality program (based on promoting its existing assets), including maintaining and encouraging diverse business types and sizes.
Following the City Council's discussion, it voted to apply the temporary moratorium citywide, with the exception of the Casitas Plaza and Shepard Place Shops. The temporary moratorium applies to any commercial business operating as a retail sales (except for office space, professional services, banks or credit unions, grocery stores, nonprofit businesses, pharmacies, gas stations, or theaters/performing arts spaces), restaurant/food service, and/or hotel or motel establishment and which (a) has more than seven (7) locations anywhere in the United States of America; and (b) has two or more of the following features common to all or substantially all of its locations:
standardized array of services or products for sale, facade, architecture, decor or color N:\Project Files\2022 \2151 Formula Business Ordinance\7.10.2023 Second Read\CC Staff Report re Final Formula Business Regulations.docx
Formula Business Ordinance (second reading)
July 10, 2023
Page4
scheme, uniform or other employee apparel, signage, or trademark/servicemark. The temporary moratorium also does not prohibit the relocation of an existing formula business in operation at a location within the City upon the effective date of Ordinance No. 755 to another location within the City. The staff report for the June 27, 2022 meeting is available online at www.carpinteriaca.gov and hereby incorporated by reference.
On July 11, 2022, the City Council considered, approved, and issued the required report pursuant to Government Code section 65858(d) describing measures taken to alleviate the conditions that led to the adoption of Ordinance No. 755. The report concludes that although the City had made progress toward enacting comprehensive formula business regulations, the conditions that led to the adoption of Ordinance No. 755 remained ongoing. The staff report for the July 11, 2022 Government Code section 65858(d) report is available online at www.carpinteriaca.gov. and hereby incorporated by reference.
At the same meeting on July 11, 2022, under a different agenda item, the City Council adopted Resolution No. 6146, initiating preparation and adoption of permanent regulations for the establishment of formula businesses within the City. The staff report initiating preparation of the permanent regulations is available on line at www.carpinteriaca.gov and hereby incorporated by reference. The City Council provided staff with general comments as to the content of the permanent regulations.
Specifically, with some minor modifications, the City Council directed that the temporary formula business moratorium adopted on June 27, 2022 be used as the basis for the permanent regulations.
On July 25, 2022, the City Council approved and adopted Ordinance No. 757, which extended the moratorium initiated by Ordinance No. 755 without change for an additional ten (10) months and fifteen (15) days following the date of expiration of Ordinance No. 755, which is June 26, 2023. The staff report for the July 25, 2022 meeting is available online at www.carpinteriaca.gov and hereby incorporated by reference.
On December 5, 2022, the Planning Commission held a hearing and received public comments on the draft regulations prepared to reflect the City Council's direction concerning regulation of formula businesses. Consistent with the direction received from the City Council at the July 11, 2022 meeting, staff drafted the proposed permanent regulations to align with the original moratorium language, with the principal exceptions described below:
• Some City Council members stated that, in addition to Shephard Place Shops and Casitas Plaza Shopping Center, the neighboring commercial properties along Casitas Pass Road should also be excluded from the formula business regulations. Accordingly, Chapter 14.53 has been drafted to exclude from the N:\Project Files\2022 \2151 Formula Business Ordinance\7.10.2023 Second Read\CC Staff Report re Final Formula Business Regulations.docx
Formula Business Ordinance (second reading)
July 10, 2023
formula business regulations all parcels fronting the portion of Casitas Pass Road from Carpinteria Avenue to Highway 101, as shown more particularly on the included map.
• Staff has also prepared proposed definitions for various terms used within the proposed regulations to improve clarity. Many of these definitions were derived from formula business regulations enacted by other municipalities.
No comments were received from members of the public at the December 5, 2022 Planning Commission meeting. Following deliberations, the Planning Commission voted 4-1 to recommend approval of Ordinance No. 760 with the following modifications:
• An exemption for the transfer of ownership (provided that the operation of the formula business remains substantially the same) from the prohibition on the establishment of new formula businesses.
• An exception to allow establishment of a formula business, notwithstanding the general ban on new formula businesses outside of the Exclusion Zone, if the exception were found to be in the public interest.
These modifications were included in the draft of Ordinance No. 760 considered by the City Council.
The staff report for the December 5, 2022 Planning Commission meeting is available online at www.carpinteriaca.gov and hereby incorporated by reference.
On February 13, 2023, the City Council held a public hearing and considered Ordinance 760, making changes to the City zoning regulations and General Plan/Local Coastal Plan regarding regulation of formula businesses, completed a first reading of the Ordinance and directed staff to submit Ordinance No. 760 to the Coastal Commission for review and action.
The staff reports and associated materials for the meetings described above, including the May 9 and 23, 2022, June 27, 2022, July 11 and 25, 2022, and February 13, 2023 City Council meetings and December 5, 2022 Planning Commission meetings are available online at www.carpinteriaca.gov and hereby incorporated by reference.
The Coastal Commission has considered and acted upon the City's submittal and the purpose of this City Council agenda matter is to conduct the second reading of Ordinance No. 760, in consideration of the Coastal Commission action.
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Formula Business Ordinance (second reading)
July 10, 2023
DISCUSSION
Coastal Commission De Minimis Action:
Pursuant to Coastal Act Section 30514(d), the Executive Director may determine that a proposed LCP amendment is "de minimis." In order to qualify as a de minim is amendment, the amendment must meet the following three criteria:
1. The Executive Director determines that the proposed amendment would have no impact, either individually or cumulatively, on coastal resources, and that it is consistent with the policies of Chapter 3 of the Coastal Act;
2. The local government provides public notice of the proposed amendment at least 21 days prior to submitting the amendment to the Commission, specifying the dates and places where comments will be accepted, by one of the following methods:
posting on-site and off-site in the affected area, newspaper publication, or direct mailing to owners and occupants of contiguous property; and
3. The amendment does not propose any change in use of land or water or allowable use of property.
The Executive Director determined that the City's proposed Formula Businesses amendment is de minimis, and reported this determination to the Commission on May 18, 2023. The Commissioners did not object to the de minimis determination, therefore the amendment was approved on consent by the Coastal Commission on June 8, 2023, and it became a certified part of the LCP ten days after the date of the Commission meeting (in this case, on June 19, 2023, Attachment A).
A copy of Ordinance No. 760 is attached as Attachment B and is identical to the version approved by the City Council on February 13, 2023 during its first reading. Upon the City Council's approval of a second reading, Ordinance No. 760 will have an effective date of August 9, 2023 (30 days from City Council action to approve the Second Reading of the Ordinance).
Pursuant to Coastal Commission regulations, the City Council is also required to acknowledge receipt of, and accept, the Coastal Commission's approval of LCP Amendment LCP-4-CPN-23-0011-1 (Formula Businesses) Project 22-2151-LCPA/ORD.
Staff has prepared Resolution No. 6255 (Attachment C) for this purpose.
ENVIRONMENTAL
Ordinance No 760 is exempt from review under CEQA in accordance with CEQA Guidelines section 15060(c)(2), which applies where an activity will not result in a direct or reasonable foreseeable indirect physical change in the environment; section 15060( c)(3), which applies where an activity is not a "project" as defined in section N:\Project Files\2022 \2151 Formula Business Ordinance\7.10.2023 Second Read\CC Staff Report re Final Formula Business Regulations.docx
Formula Business Ordinance (second reading)
July 10, 2023
15378 of the CEQA Guidelines; and section 15061 (b)(3), which applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The Notice of Exemption is included as Attachment D.
FINANCIAL CONSIDERATIONS
The proliferation of formula businesses can have long-term economic consequences for a community. Low-margin businesses that meet the basic needs of surrounding neighborhoods, such as grocers and pharmacies, may be pushed out as rents rise and the area attracts more formula restaurants and stores. Perhaps of greatest concern, formula businesses tend to be fair-weather friends and can disappear quickly when the economy contracts or their corporate strategy shifts. The risk of formula businesses resulting in a downtown or neighborhood business district losing its distinctive appeal and no longer offering opportunities for independent entrepreneurs could result in loss of customers, fewer business opportunities, and a decline in locally-generated tax revenue.
Regulating formula businesses could have an impact on potential City revenues generated from sources, including but not limited to: sales taxes, property taxes (related to new developmenUtenant improvements), transient occupancy taxes (for hotel/motel uses), business license taxes, and permit fees. The extent to which such revenues would be impacted is dependent upon the scope and breadth of any regulations on formula businesses, and the degree to which such regulations limit or reduce the establishment of new businesses in the City.
Enforcement of formula business regulations would be expected to require a nominal amount of additional staff time.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The proliferation of formula businesses can have long-term economic consequences for a community. Low-margin businesses that meet the basic needs of surrounding neighborhoods, such as grocers and pharmacies, may be pushed out as rents rise and the area attracts more formula restaurants and stores. Perhaps of greatest concern, formula businesses tend to be fair-weather friends and can disappear quickly when the economy contracts or their corporate strategy shifts. The risk of formula businesses resulting in a downtown or neighborhood business district losing its distinctive appeal and no longer offering opportunities for independent entrepreneurs could result in loss of customers, fewer business opportunities, and a decline in locally-generated tax revenue.
N:\Project Files\2022 \2151 Formula Business Ordinance\7.10.2023 Second Read\CC Staff Report re Final Formula Business Regulations.docx
Formula Business Ordinance (second reading)
July 10, 2023
Regulating formula businesses could have an impact on potential City revenues generated from sources, including but not limited to: sales taxes, property taxes (related to new development/tenant improvements), transient occupancy taxes (for hotel/motel uses), business license taxes, and permit fees. The extent to which such revenues would be impacted is dependent upon the scope and breadth of any regulations on formula businesses, and the degree to which such regulations limit or reduce the establishment of new businesses in the City.
Enforcement of formula business regulations would be expected to require a nominal amount of additional staff time.
Ordinance No. 760 has been reviewed by the City Attorney.
OPTIONS
1. Adopt Ordinance No. 760 (second reading with the Coastal Commission's approval) and approve Resolution No. 6255 (Staff Recommendation).
2. Direct staff to modify the proposed Ordinance. Significant modifications should be redirected to the Planning Commission for further consideration. Any modifications to the Ordinance would require a new amendment to the City's Local Coastal Program to be submitted to the Coastal Commission.
3. Reject Ordinance No. 760. Failure to adopt Ordinance No. 760 would result in the expiration of the Coastal Commission's LCPA approval.
ATTACHMENTS
Attachment A
Attachment B
Attachment C
Attachment D
Coastal Commission Action Letter
Ordinance No. 760
Resolution No. 6255
CEQA Notice of Exemption
Staff Contact: Steve Goggia, COD Director
(805) 755-4414, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
N:\Project Files\2022 \2151 Formula Business Ordinance\7.10.2023 Second Read\CC Staff Report re Final Formula Business Regulations.docx
Attachment A
Coastal Commission Action Letter
Formula Business Ordinance
(second reading)
STATE OF CALIFORNIA -- NATURAL RESOURCES AGENCY Gavin Newsom, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH CENTRAL COAST DISTRICT
89 SOUTH CALIFORNIA ST., SUITE 200
VENTURA, CA 93001
(805) 585-1800
June 9, 2023
Steve Goggia
Community Development Director
City of Carpinteria
5775 Carpinteria Ave,
Carpinteria, CA 93013
RE: LCP Amendment LCP-4-CPN-23-0011-1 (Formula Businesses) Dear Mr. Goggia:
On June 8, 2023, the Coastal Commission concurred with the Executive Director's determination that City of Carpinteria Local Coastal Program Amendment LCP-4-CPN23-0011-1 to amend the Coastal Zoning Ordinance to add new standards relating to Formula Businesses is de minimis pursuant to Coastal Act Section 30514(d). The Commission's action is based upon the findings contained in the staff report dated May 18, 2022. Section 13544 of the Commission's Administrative Regulations requires that after certification, the Executive Director of the Commission shall transmit copies of the resolution of certification and any suggested modifications and findings to the governing authority, and any interested person or agencies. Pursuant to Coastal Act Section 30514(d), the subject amendment became part of the certified LCP ten days after the date of the Commission meeting. Therefore, no further action is required by either the Commission or the County.
Authorized on behalf of the California Coastal Commission by:
Dr. Kate Hucklebridge
Executive Director
By: Sam Fearer
Program Analyst
C
J\JN \ 21~n
ED
C\T'i OF CARP\NTERIP.
STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SOUTH CENTRAL COAST DISTRICT OFFICE
89 SOUTH CALIFORNIA STREET, SUITE 200
VENTURA, CA 93001-2801
VOICE (805) 585-1800
FAX (805) 641-1732 Th9a
Prepared May 18, 2023 for June 8, 2023 Hearing
To:
From:
Subject:
Commissioners and Interested Persons
Steve Hudson, Deputy Director
Barbara Carey, District Manager
Sam Fearer, Coastal Program Analyst
De Minimis Amendment Determination for City of Carpinteria LCP Amendment Number LCP-4-CPN-23-0011-1 (Formula Businesses) Proposed Amendment
The City of Carpinteria is proposing to amend the Implementation Plan (IP) component of the Local Coastal Program (LCP) to add new standards relating to "Formula Businesses" (certain types of commercial business that have more than seven locations in the United States with certain common features). Specifically, the proposed amendment would address permitting procedures and development standards, including the restriction of new formula businesses within City limits and the adoption of a Formula Business Regulations Exclusion Zone. The purpose of the proposed amendment is to regulate the location and operation of formula businesses within the City, in an effort to prevent negative impacts associated with an over-proliferation of formula businesses. See Exhibit 1 for the text of proposed amendment.
De Minimis LCP Amendment Determination
Pursuant to Coastal Act Section 30514(d), the Executive Director may determine that a proposed LCP amendment is "de minimis." In order to qualify as a de minimis amendment, the amendment must meet the following three criteria:
1. The Executive Director determines that the proposed amendment would have no impact, either individually or cumulatively, on coastal resources, and that it is consistent with the policies of Chapter 3;
2. The local government provides public notice of the proposed amendment at least 21 days prior to submitting the amendment to the Commission, specifying the dates and places where comments will be accepted, by one of the following methods: posting on-site and off-site in the affected area, newspaper publication, or direct mailing to owners and occupants of contiguous property; and
3. The amendment does not propose any change in use of land or water or allowable use of property.
If the Executive Director determines that an amendment is de minimis, that determination must be reported to the Commission. If three or more Commissioners object to the de minimis LCP amendment determination, then the amendment shall be set for a future public hearing; if three or more Commissioners do not object to the de minimis determination, then the amendment is deemed approved, and it becomes a certified part of the LCP ten days after the date of the Commission meeting (in this case, on June 18, 2023).
The purpose of this notice is to advise interested parties of the Executive Director's determination that the proposed LCP amendment is de minimis. Each of the de minim is criteria is discussed below:
1. No impact to coastal resources and consistency with Chapter 3 of the Coastal Act: The proposed amendment would add new standards relating to formula businesses which would function to restrict new formula businesses within City limits through the addition of permitting procedures and development standards, and the adoption of a Formula Business Regulations Exclusion Zone.
The City's zoning regulations do not currently define or provide for the regulation of formula businesses. The LCPA amends the IP to add Chapter 14.53, concerning the regulation of formula businesses within City limits. Additional proposed amendments to the IP include: the addition of a new Formula Business Regulations Exclusion Zone, including text and overlay map; and the addition of new definitions to Chapter 14.08.
This amendment provides clarity regarding City standards for existing and future formula business location and operations within City limits.
The proposed addition of these new provisions is intended to address local concerns that an underregulated proliferation of formula businesses could have long-term negative impacts on the economic vitality and diversified commercial character of the City, impacting resident and visitor experience alike. The proposed provisions would apply to any new commercial business operating as a retail sales, restaurant/food service, and/or hotel or motel establishment and which (a) has more than seven (7) locations anywhere in the United States of America; and (b) has two or more of the following features common to all or substantially all of its locations: standardized array of services or products for sale, facade, architecture, decor or color scheme, uniform or other employee apparel, signage, or trademark/servicemark.
Recognizing the value of existing formula businesses within the City, the proposed amendment offers several exceptions to the proposed regulations. The amendment would establish a Formula Business Regulations Exclusion Zone, covering multiple existing shopping centers, in which the ordinance would not apply. Additionally, the ordinance would not apply to office space, professional services, banks or credit unions, grocery stores, nonprofit businesses, pharmacies, gas stations, or theaters/performing arts spaces. Further, the ordinance: (a) does not prohibit the relocation of an existing formula business in operation at a location within the City to another location within the 2 City, (b) allows an exemption for the transfer of ownership, provided that the operation of the formula business remains substantially the same, and (c) provides an exception to allow establishment of a new formula business, if found to be in the public interest.
The subject amendment also establishes specific provisions for the application, discretionary review, and conditional approval of formula businesses wherein an exception to the restrictions can be made in favor of protecting the public interest, consistent with the policies of the approved LCP.
As proposed, the subject amendment would allow for and support the continued growth and operation of visitor-serving commercial operations within City limits, consistent with the policies of both the Coastal Act and the certified LUP. No additional impact to coastal resources, either individual or cumulative, is anticipated in relation to this amendment. Accordingly, Commission staff has determined that the proposed amendment will not adversely affect coastal resources and that the proposed amendment is consistent with the policies of Chapter 3 of the Coastal Act.
2. Provision of public notice: The City provided public notice in advance of the City Council hearing that was held on February 13, 2023, utilizing newspaper display ads in addition to individual mailing labels. Newspaper notices were printed in advance of the hearing. Written notice was sent to individuals, agencies, and local jurisdictions, and review drafts were made available on the City of Carpinteria Planning Division webpage in advance of the hearing. The subject amendment was received by the Coastal Commission on April 20, 2023 and filed complete on May 4, 2023; therefore, the 21-day noticing requirement for a de minimis LCPA has been satisfied.
3. No change in use of land or allowable use of property: No change in use is proposed by the subject amendment, as the proposed ordinance does not change existing approved zoning designations, but rather adds language to restrict the proliferation of formula businesses throughout City limits except within the Formula Business Regulations Exclusion Zone where the restrictions will not apply.
California Environmental Quality Act (CEQA)
The Coastal Commission's review and development process for LCPs and LCP amendments has been certified by the Secretary of Resources as being the functional equivalent of the environmental review required by CEQA. The City exempted the proposed amendment from environmental review under CEQA. This report has discussed the relevant coastal resource issues with the proposal, and has concluded that the proposed LCP amendment is not expected to result in any significant adverse impact on the environment. Thus, it is unnecessary for the Commission to suggest modifications to the proposed amendment to address adverse environmental impacts because the proposed amendment, as submitted, will not result in any significant environmental effects for which feasible mitigation measures would be required.
Coastal Commission Concurrence
3 The Executive Director will report this de minimis LCP amendment determination, and any comments received on it, to the Coastal Commission at its June 8, 2023 meeting (to be held virtually). If you have any questions or need additional information regarding the proposed amendment or the method under which it is being processed, please contact Sam Fearer at the South Central Coast District Office in Ventura. If you wish to comment on and/or object to the proposed de minimis LCP amendment determination, please do so by June 2, 2023.
Exhibits
Exhibit 1 - Proposed Implementation Plan Amendment Text 4 Attachment B
Ordinance No. 760
Formula Business Ordinance
(second reading)
ORDINANCE NO. 760
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, AMENDING TITLE 14 OF THE CARPINTERIA MUNICIPAL CODE
TO ADD ZONING REGULATIONS PERTAINING TO THE ESTABLISHMENT OF
FORMULA BUSINESSES
WHEREAS, due to concern over identified negative impacts associated with an overproliferation of formula businesses, on July 11, 2022, the City of Carpinteria' s ("City") City Council initiated an amendment to the Carpinteria Municipal Code ("CMC") pertaining to the establishment of formula businesses; and
WHEREAS, the City's zoning code currently allows operation of formula businesses within the City, provided that such businesses meet all applicable legal requirements and have obtained an occupancy clearance and other necessary entitlements from the City; and WHEREAS, the City adopted its General Plan/Local Coastal Plan ("GP/LCP") as a comprehensive, long-term plan for the City's development, and many of the City's GP/LCP objectives and policies were enacted to limit commercial development that would impair the City's distinctive small beach town charm and character. Among others, those land use objectives and policies include the following:
• Land Use Element Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding spawl development at the City's edge;
• Policy LU-3d: Establish a commercial sector that balances the retail and service needs of citizens and tourists;
• Policy LU-3g: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character; and WHEREAS, the City has adopted Resolution No. 5500, a Sustainable Community Policy, in part, as a basis for creating strategies that allow it to adapt to ever-changing environmental, economic, social and physical stressors. Among the directives of the City's Sustainable Community Policy are the following:
• Promote a diversified and resilient local economy that reflects the unique attributes of the region and provides necessary and desirable products and services for both residents and visitors;
• Attract and retain downtown retailers, hotels, corporate headquarters and Research and Development uses that can be successful in and complimentary to the community; • Establish support for small business development;
• Maintain and enhance the unique identity of the community and built environment to sustain a strong sense of place and community; and
Ordinance No. 760
WHEREAS, the City's character as a classic California beach town; the City's desire to foster businesses that serve both the needs of City residents and visitors and thereby ensure the community's quality of life; the resiliency of the City's vibrant, small-scale, diversified commercial character; and the City's ongoing economic vitality all require that the City maintain and encourage establishment of diverse business types and sizes, including smaller and mid-sized businesses; and
WHEREAS, formula businesses are, by their very nature, standardized (including their architecture, decor, color schemes, and signage) and not unique, and therefore do not enhance the unique small town character that the City Council finds necessary to maintain the City's economic vitality, including a viable visitor industry in the City; and WHEREAS, as City staff noted in a May 9, 2022 Staff Report, many formula businesses are increasingly locating in downtowns and neighborhood business districts en masse, squeezing out independent businesses and causing a speculative run-up in rents that result in the wholesale transformation of a business district. In addition to causing such downtowns and business districts to lose their distinctive appeal, the rent increases caused by an influx of formula businesses can force independent entrepreneurs and low margin/service businesses that serve the surrounding neighborhood's basic needs to close or move out of the area; and WHEREAS, as further noted by City staff in its May 9, 2022 Staff Report, local economies dominated by formula businesses tend to be solely profit-based and therefore disinterested in meeting the community's needs, rather than filling a local niche or complementing existing businesses in similar categories. Formula businesses also often invest locally generated profits outside of the community, disappearing quickly when economic conditions shift or corporate strategy changes, and leaving behind vacancies with higher rent expectations; and WHEREAS, the impacts described above may result in existing small businesses losing customers and having fewer business opportunities, and may further lead to long-term urban decay and increased vacancies in commercial real estate, both of which could lead to a decline in tax revenue for the City; and
WHEREAS, for all of the reasons described herein, the City Council finds that the unregulated proliferation of formula businesses could lead to a lack of diversity in City businesses, which would substantially harm the important City interests listed above and create substantial public health, safety and welfare problems for the City, its residents, and its businesses; and WHEREAS, this Ordinance is not premised on maintaining local ownership of businesses, or protecting existing businesses, or preventing formula businesses from doing business in the City. The purpose of this Ordinance is to maintain the City's unique, special character, the diversity and vitality of the City's commercial districts, and the quality of life of City residents; and
WHEREAS, the City Council adopted Urgency Ordinance Nos. 755 and 757 implementing and extending a moratorium on issuance of Certificates of Occupancy or other entitlements for the establishment of new formula businesses within the City, with the exception Ordinance No. 760
of the Casitas Plaza and the Shepard Place Shops, in order to study, develop, and consider permanent regulations for formula businesses within the City; and WHEREAS, the City of Carpinteria Planning Commission ("Planning Commission") considered draft Ordinance No. 760 at their December 5, 2022 hearing, wherein they recommended approval and adoption of the Ordinance to the City Council, with certain modifications; and
WHEREAS, the City Council has conducted a publicly noticed hearing and received evidence regarding the proposed Ordinance; and
WHEREAS, the City Council has determined that it is appropriate and in the City's best interest to exempt from this ordinance an Exclusion Zone, defined as the properties fronting the portion of Casitas Pass Road from Carpinteria A venue to Highway 101, including the Casitas Plaza Shopping Center and the Shepard Place Shops, because this area has historically contained a number of formula businesses that provide important services upon which the local community and visitors alike depend; and,
WHEREAS, it has been determined that regulating formula businesses as included in this Ordinance is consistent with the City's GP/LCP as well as within the City's best interest.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals Incorporated.
The above recitals are incorporated herein and are each relied upon independently by the City Council in its adoption of this Ordinance.
SECTION 2. Amendment of Title 14 of the Carpinteria Municipal Code.
Title 14 of the CMC is hereby amended to (1) add Chapter 14.53, the text of which is attached hereto as Exhibit A and fully incorporated herein by reference; and (2) amend Chapter
14.08 to add Section 14.08.276, the text of which is attached hereto as Exhibit B and fully incorporated herein by reference.
SECTION 3. Effective Date.
This Ordinance shall be in full force and effect thirty days following second reading of the Ordinance. Before the expiration of fifteen (15) days following passage, this Ordinance shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View News, a newspaper of general circulation, published in the City. Only those entitlements for which the right to proceed with the associated development, facility, or activity has vested pursuant to the provisions of State law prior to the effective date ofthis Ordinance may proceed without violating the provisions of this Ordinance.
Ordinance No. 760
SECTION 4. Severability.
If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 5. CEQA Exemption.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines sections 15060( c )(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060( c )(3) (the activity is not a "project" as defined in section 15378), and 1506l(b)(3) (the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment; where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA).
The Ordinance generally prevents changes in the environment and thus has no potential for resulting in physical change to the environment, either directly or indirectly.
SECTION 6. Publication.
The City Clerk shall certify as to the passage of this Ordinance and cause the same to be published and posted in the manner prescribed by California law.
PASSED, APPROVED, AND ADOPTED this 10th day of July, 2023, by the following vote:
A YES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
Ordinance No. 760
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held this 10th day of July, 2023.
Brian C. Barrett, CMC City Clerk
City of Carpinteria
APPROVED AS TO FORM:
Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP, acting as
City Attorney of the City of Carpinteria
Ordinance No. 760 EXHIBIT A
Chapter 14.53
Regulation of Formula Businesses
Sections:
14.53.010
14.53.020
14.53.030
14.53.040
14.53.050
14.53.060
Purpose and intent
Definitions
Geographic scope
Restrictions on establishment of formula businesses
Application for public interest exception
Relocation of formula businesses
Section 14.53.010 - Purpose and intent.
The purpose of this chapter is to regulate the location and operation of formula businesses within the city, in order to maintain the city's character as a classic California beach town with vibrant, small-scale, and diversified commercial activity. The city has determined that preserving a balanced mix of businesses within the city is necessary to ensure the long-term economic vitality of neighborhood and visitor-serving businesses and the community as a whole, and that an overproliferation of new formula businesses in areas outside the exclusion zone would be detrimental to that goal. It is therefore the intention of the city that an over-proliferation of formula businesses outside the exclusion zone not be allowed.
Section 14.53.020 - Definitions.
The following terms, as used in this chapter and in Section 14.08.276, shall be defined as follows:
A. "Array of services or products for sale" means fifty (50) percent or more of in-stock merchandise, menu items, or services offered.
B. "Color scheme" means the selection of colors used throughout the business, such as on the furnishings, wall coverings, or as used on the facade, Standardized lighting is considered part of the color scheme.
C. "Decor" means the style of interior finishes, such as the style of furniture, wall coverings, or permanent fixtures.
D. "Exclusion zone" means the parcels fronting the portion of Casitas Pass Road from Carpinteria Avenue to Highway 101, including the entirety of Casitas Plaza Shopping Center and the Shepard Place Shops, as shown more specifically in the map below:
f
~ I
I
I
E. "Facade" means the face of a building or tenant space oriented onto a street or open space. Awnings are considered part of the facade.
F. "Formula business" shall have the meaning set forth in Section 14.08.276.
G. "Professional services" means services that are customarily provided by a licensed professional in an office setting, such as legal, insurance, title, accounting, mortgage, real estate, architecture, engineering, and similar services.
H. "Trademark/Servicemark" means a word, phrase, symbol, or design ( or a combination of words, phrases, symbols, or designs) that identifies and distinguishes the source of a product or service from one entity from those of others.
I. "Uniform or other employee apparel" means items of clothing such as aprons, pants, shirts, dresses, hats, and pins (other than name tags), as well as standardized colors of clothing.
Section 14.53.030 - Geographic scope.
The provisions of this chapter shall apply everywhere within the limits of the city, with the exception of the exclusion zone where the provisions of this chapter shall not apply.
Section 14.53.040 - Restrictions on establishment of formula businesses.
Subject to the provisions of Sections 14.53.030 and 14.53.050, no certificate of occupancy issued pursuant to Chapter 5.05 of this code that has as its result the approval or allowance of the operation of a formula business shall be issued, granted, or approved by any employee, department, or commission of the city.
Section 14.53.050 - Application for public interest exception.
In the event that an applicant for a certificate of occupancy pursuant to Chapter 5.05 of this code is determined by the community development director to be a formula business, that applicant may apply to the planning commission for a public interest exception to the restriction set forth in Exhibit A
Section 14.53.040. The application shall be made pursuant to Section 14.78.030 of this code, except that the standards and findings below shall be substituted for those set forth in Section
14.78.030(2). The planning commission shall have the discretion to grant the public interest exception upon its determination that all of the findings below apply:
(a) The proposed formula business will not result in an over-concentration of formula businesses in the immediate vicinity, or in the city as a whole; (b) The proposed formula business will contribute to an appropriate balance of small, medium, and large-sized businesses in the city;
( c) The proposed formula business has been designed to preserve and enhance the city's small beach town character and to integrate existing community architectural and design features, which will preserve such character for the city's residents and visitors; (d) If the proposed formula business will use more than ten thousand (10,000) gross square feet of space, the proposed formula business will provide needed goods or services, will promote the city's economic vitality, and will be compatible with existing and planned uses in the vicinity;
( e) The establishment, maintenance, or operation of the proposed formula business will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the vicinity of the proposed formula business, or be detrimental or injurious to property and improvements in the vicinity or to the general welfare of the city;
(f) As applicable, the goods or services offered by the proposed formula business are unavailable in the community and will help residents and visitors avoid the need to shop out of the community for said goods or services; and
(g) The proposed formula business will not increase the intensity of use on the site to a level that will adversely impact land uses in the area, pedestrian or motor vehicle traffic, or the public welfare.
Section 14.53.060 - Relocation or change of ownership of formula businesses.
This chapter shall not apply to bar the continued operation of such formula businesses already in possession of a valid certificate of occupancy issued pursuant to Chapter 5. 05 of this code that ( 1) relocates to another location within the city, including a formula business located within the exclusion zone that relocates to outside of the exclusion zone, or (2) undergoes a change of ownership, provided that (in the sole discretion of the community development director) all operations of the formula business remain substantially the same.
Exhibit A
Ordinance No. 760 EXHIBIT B
Chapter 14.08
Definitions
Section 14.08.276 - Formula business
"Formula business" means any commercial business operating as a retail sales, restaurant/food service, and/or hotel or motel establishment, and which: (a) has more than seven (7) locations anywhere in the United States of America, and (b) has two (2) or more of the following features common to all or substantially all of its locations: standardized array of services or products for sale, facade, architecture, decor or color scheme, uniform or other employee apparel, signage, or trademark/servicemark. Notwithstanding any other provision of this chapter, the following types of businesses are not formula businesses: office space, professional services, banks or credit unions, grocery stores, nonprofit businesses, pharmacies, automobile service stations, or theaters/performing arts spaces.
25106789.3
Attachment C
Resolution No. 6255
Formula Business Ordinance
(second reading)
RESOLUTION NO. 6255
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, ACKNOWLEDGING RECEIPT AND ACCEPTANCE OF
THE CALIFORNIA COASTAL COMMISSION'S APPROVAL OF LOCAL
COASTAL PROGRAM AMENDMENT LCP-4-CPN-23-0011-1, THUS
APPROVING LOCAL COASTAL PROGRAM AMENDMENT PROJECT
22-2151-LCPA/ORD TO AMEND PROVISIONS OF THE CITY'S LOCAL
COASTAL PROGRAM AND ZONING CODE REGARDING FORMULA
BUSINESSES
(Project No. 22-2151-LCPA/ORD)
WHEREAS, during its meeting of February 14, 2022, the City Council requested that staff prepare a report on how cities regulate chain stores and restaurants, also known as "formula businesses," that have standardized services, decor, methods of operation, and other features that make them virtually identical to businesses elsewhere; and
WHEREAS, during its meeting on May 9, 2022, the City Council received information that a proliferation of formula businesses can have deleterious impacts on a community's health, safety, and welfare; and WHEREAS, on May 23, 2022, the City Council was presented with options for a temporary moratorium on the establishment of any new formula businesses within the City of Carpinteria; and
WHEREAS, on June 27, 2022, the City Council approved Ordinance No. 755, an urgency ordinance establishing a temporary moratorium on the establishment of formula businesses in the City; and
WHEREAS, on July 11, 2022, the City Council considered, approved, and issued the required report pursuant to Government Code section 65858(d) describing measures taken to alleviate the conditions that led to the adoption of Ordinance No. 755. The report concludes that although the City has made progress toward enacting comprehensive formula business regulations, the conditions that led to the adoption of Ordinance No. 755 remain ongoing. At the same meeting, the City Council adopted Resolution No. 6146, initiating preparation and adoption of permanent regulations for the establishment of formula businesses within the City; and
WHEREAS, on July 25, 2022, the City Council approved and adopted Ordinance No. 757, which extended the moratorium initiated by Ordinance No. 755 without change for an additional ten (10) months and fifteen (15) days following the date of expiration of Ordinance No. 755, which is June 26, 2023; and N:\Project Files\2022 (2139- )\2151 Formula Business Ordinance\7.10.23 Second Read\Final Resolution 6255 - 7.10 .. 23 (25773190.1 ).docx
Resolution No. 6255
WHEREAS, on December 5, 2022, the Planning Commission considered Ordinance No. 760 concerning the permanent regulations of formula businesses and forwarded its recommendation to support the Local Coastal Program Amendment with modifications to the City Council; and
WHEREAS, on December 5, 2022, the Planning Commission
recommended that the City Council determine that Ordinance No. 760 is exempt from review under CEQA in accordance with CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15061 (b)(3), and recommended the City Council approve Ordinance No. 760 with modifications; and
WHEREAS, on February 13, 2023, after considering the Planning Commission's recommendation, receiving public comment, due consideration, and discussion among the Council and staff, the City Council adopted this Resolution certifying that the proposed Ordinance No. 760 is intended to carry out the policies of the City's Coastal Land Use Plan consistent with the California Coastal Act and directed that Ordinance No. 760 be transmitted to the California Coastal Commission for filing pursuant to Public Resources Code section 3051 0(a) and in accordance with section 13551 (b)(2) of Title 14 the California Code of Regulations; and
WHEREAS, on February 13, 2013, the City Council determined that proposed Ordinance No. 760 is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15061 (b)(3) because the proposed Ordinance generally prevents changes in the environment and thus has no potential for resulting in physical change to the environment, either directly or indirectly; and
WHEREAS, the proposed amendments and additions to the City's certified implementation plan in Ordinance No. 760, submitted to the California Coastal Commission by the City Council as set forth below and as attached hereto and incorporated herein by reference, reflect the findings and determinations of the Planning Commission and City Council; and WHEREAS, the California Coastal Commission determined the City's submittal to be complete on May 4, 2023; and
WHEREAS, on June 8, 2023 the California Coastal Commission considered and approved Amendment LCP-4-CPN-23-0011-1 (Formula Businesses) to the City's Local Coastal program as submitted; and N:\Project Files\2022\2151 Formula Business Ordinance\7.10.23 Second Read\Attachment C Resolution 6255.docx
Resolution No. 6255
WHEREAS, a full and complete copy of the project materials (Project No. 22-2151-LCPNORD) is on file with the City's Community Development Department, located at 5775 Carpinteria Avenue, Carpinteria, California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and accurate and incorporated herein by reference.
SECTION 2. The City Council acknowledges receipt and accepts the Coastal Commission's action for Local Coastal Program Amendment LCP-4- CPN-23-0011-1 (Formula Businesses).
SECTION 3. The City Council does hereby also resolve that this Resolution No. 6255 shall become effective thirty (30) days after the second reading, as read by title only, of Ordinance No. 760.
PASSED, APPROVED AND ADOPTED on this 10
th day of July, 2023, by
the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
N:\Project Files\2022\2151 Formula Business Ordinance\7.10.23 Second Read\Attachment C Resolution 6255.docx
Resolution No. 6255
Page4
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on July 10, 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
N:\Project Files\2022\2151 Formula Business Ordinance\7.10.23 Second Read\Attachment C Resolution 6255.docx
Attachment D
CEQA Notice of Exemption
Formula Business Ordinance
(second reading)
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: Santa Barbara
105 East Anapamu Street
From: (Public Agency): City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
(Address)
Santa Barbara, CA 93101
Project Title: Amendment to City zoning code and General Plan/Local Coastal Program regarding regulation of formula businesses Project Applicant: City of Carpinteria
Project Location - Specific:
City of Carpinteria
Project Location - City: _C_a_r_p_in_t_e_ri_a _ Project Location _ county: Santa Barbara Description of Nature, Purpose and Beneficiaries of Project:
The regulations prohibit establishment of certain new formula businesses within the City of Carpinteria, with the exception of a geographically-defined "exclusion zone." An otherwise-prohibited formula business may apply to the City Planning Commission for a "public interest exception" to the regulations, which the Planning Commission has discretion to grant if specified findings are made.
Name of Public Agency Approving Project: _C_i_ty_o_f_C_a_rp_i_nt_e_r_ia _ Name of Person or Agency Carrying Out Project: _C_i_ty_o_f_C_a_rp_in_t_e_ri_a _ Exempt Status: (check one):
□ Ministerial (Sec. 21080(b)(1); 15268);
□ Declared Emergency (Sec. 21080(b)(3); 15269(a));
□ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
~ Categorical Exemption. State type and section number: 15060(c)(2); 15060(c)(3); 15061(b)(3) D Statutory Exemptions. State code number: _
Reasons why project is exempt:
The project is not subject to CEQA as the activity proposed in the project would not result in a direct or reasonably foreseeable indirect physical change in the environment; the activity is not considered a "project" as defined in section 15378; and the activity is covered by the general rule that CEQA applies only to projects which have the potential to cause a significant effect on the environment. The project generally prevents changes in the environment and thus has no potential to result in physical change in the environment, either directly or indirectly.
Lead Agency . .
Contact Person: Steve Goggia, COD Director Area Code/Telephone/Extension: (B05) 755-4414 If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: _ Title: CDD Director
■ Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
Date Received for filing at OPR: _
Revised 2011
□
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 10, 2023
ITEM FOR COUNCIL CON SI DE RATION
Receive and act on the recommendation of the City Manager Succession Process Committee to enter into an agreement with Ralph Andersen & Associates for executive search services for the City Manager position in an amount not-to-exceed $33,000.
STAFF RECOMMENDATION
Authorize entering into an agreement with Ralph Andersen & Associates for executive search services for the City Manager position in an amount not-to-exceed $33,000.
Sample Motion:
I move to: Authorize entering into an agreement with Ralph Andersen & Associates for executive search services concerning the City Manager position in an amount not-to-exceed $33,000.
BACKGROUND
The City Council has initiated a process to hire its next City Manager. On March 13 the City Council formed the City Manager Succession Process Ad Hoc Committee (Committee), comprised of Vice Mayor Alarcon and Councilmember Nomura. On March 27, the City Council approved the Committee's recommendation to retain an executive search firm to assist it in seeking proposals from various executive search firms. The action of the Council included approval of a short list of executive search firms to be contacted. While the City received proposals from RGS, Raftelis, Peckham & McKenney, and CPS HR Consulting, the process was ultimately not successful in retaining a consultant.
On May 8, 2023 the City Council reestablished a City Manager Succession Process Ad Hoc Committee (Committee) composed of Mayor Clark and Vice Mayor Alarcon with the purpose of (a) developing criteria to be used in the selection process of an executive search firm for the city manager position (b) conducting interviews (c) making a recommendation of an executive search firm to Council, and (d) working with the selected firm to develop a candidate profile.
G:\CC Staff Reports\2023 071 O\Executive Recruitment Firm Recommendation.docx Executive Search Agreement
July 10, 2023
A second set of proposals was sought and three proposals were received by the city from: Avery Associates, Peckham and McKenney and Ralph Andersen & Associates.
On June 26, 2010, the City Council considered the recommendations of the Committee and approved an edited version of the criteria and interview questions to be used in the executive search firm interview process. The Committee conducted interviews on Friday, June 30, 2023, and scored and ranked the three firms for recommendation of a preferred firm to the City Council.
The purpose of this agenda matter is for the Council to receive and act on the recommendation of the Committee for selecting an executive search firm to assist the City in the recruitment and selection of the next City Manager.
DISCUSSION
The City Manager Succession Process Committee reviewed and evaluated the proposals received by Avery Associates, Peckham and McKenney and Ralph Andersen & Associates. The proposals for recruitment services are Attachment A.
Following the interviews conducted, the Committee is recommending that the City of Carpinteria engage the services of Ralph Andersen & Associates for the City Manager recruitment.
Ralph Andersen & Associates is an executive search firm with a nationwide reach, specializing in serving the public sector. Fred Wilson, a recruiter and former city manager of Huntington Beach and San Bernardino, would lead the Carpinteria City Manager recruitment process. With 17 city manager recruitments and 30 overall recruitments conducted by Ralph Andersen & Associates, Wilson brings extensive experience, particularly in small to mid-sized cities like Goleta, Solvang and Pismo Beach where successful recruitments have recently been conducted. Having served as both a city manager and a recruiter, Mr. Wilson possesses a deep understanding of the significance of the city manager role and the unique challenges faced by California coastal communities. During his interview, Mr. Wilson showcased a strong understanding of the community and the recruitment process. He was highly responsive to questions and displayed a willingness to be flexible in order to align with the timeline and priorities ultimately determined by the Council through the process.
Subject to Council approval, Ralph Andersen & Associates will provide executive search services.
The cost for these services is $29,500, with an additional $3,500 for conducting a community survey to inform the Council's evaluation of City Manager candidates. Once the agreement is finalized, Ralph Andersen & Associates can begin their work, aligning with the City's recruitment timeline, which spans approximately 12-16 weeks. The Committee will collaborate closely with the consultant to develop a comprehensive candidate profile, while concurrently tailoring the community survey template to meet the specific needs of Carpinteria. The Council will subsequently review and confirm both the candidate profile and the community survey during an upcoming meeting.
G:\CC Staff Reports\2023 071 0\Executive Recruitment Firm Recommendation.docx Executive Search Agreement
July 10, 2023
Ralph Andersen & Associates guarantee states that, "If within a one-year period after appointment the city manager resigns or is dismissed for cause, 'we' will conduct another search free of all charges for professional services. The City of Carpinteria would be expected to pay for the reimbursement of all incurred expenses. If a placement is not made in the first outreach effort, the Consultant will conduct a second outreach effort with no charge for Professional Services. The City would be expected to pay for the reimbursement of all incurred expenses." It's worth noting that the City of Goleta representatives highly recommended Ralph Andersen & Associates based on the current recruitment earlier this year of their City Manager.
POLICY CONSISTENCY
The recommendations may be found consistent with the City's 2023 Annual Work Plan under the General Government Program: Staff Recruitment & Retention.
FINANCIAL CONSIDERATIONS
No Additional Funding Requested. $33,000 is available in the Adopted FY 2023-24 Budget in 101- 141-5201 - Professional Services
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City attorney has been consulted on this course of action and has confirmed no legal or risk management considerations.
OPTIONS
A. Approve the recommendation of the City Manager Successor Process Committee (staff recommendation).
B. Approve alternative action to the Committee recommendation.
C. Decline to act at this time and direct staff as determined appropriate.
ATTACHMENTS
A. Avery Associates, Peckham and McKenney and Ralph Andersen & Associates proposals for recruitment services and comparison table.
Staff Contact: Olivia Uribe-Mutal
(805) 755-4401, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\CC Staff Reports\2023 071 0\Executive Recruitment Firm Recommendation.docx
ATTACHMENT A
Executive Recruitment Proposals
Avery Associates Peckham & McKenney Ralph Andersen & Associates Full Recruitment 25,900.00 28,000.00 29,500.00
COST
Other $19,400 fee+ up to Fixed, all-inclusive fee $3,500 Community Survey Costs/Options $6,500 out of pocket
Recruiter Bill Avery Tara Schultz Fred Wilson
Estimated Time 17 weeks 12-14 weeks 12-16 weeks
Process Search Initiation, Project Organization Review Project Management Marketing & Ad Approach (week 1)
Development (weeks 1-4)
Marketing, Advertising Candidate development Develop Position Profile and and Outreach (weeks 4- profile (2 weeks) Recruitment Brochure 10) (weeks 1- 2)
Candidate Review (weeks Recruitment (weeks 4-8) Outreach and Recruitment 9-12) (weeks 2-7)
Development and Supplementary review (weeks Candidate Evaluation (weeks finalization of interview 9-10) 6-7)
process and interview
questions (weeks 13-14)
Interviews with City (week Candidate Recommendation/ Search Report (week 8-9) 15) Finalist Selection (week 11)
Final Interviews and Interview Process (weeks 12- Selection (week 9-10) Reference Check (week 13)
16)
Appointment Qualification (week 14) Negotiation (week 10-11) Offer/Acceptance (week
>17)
Close Out (week 12)
Guarantee Replace candidate w/only Second search if no Replace candidate w/only out of pocket costs placement within 6 mos. 1 out of pocket costs year, (only if external
candidate is placed) will do a
second search for the cost of
the first search
CM placements Paso Robles, Simi Valley, Camarillo Goleta, Solvang Port Hueneme
Notable Able to start Sep 1, 2023
Rev 6/21/23
AVERY I I ,> c I U \ ~ \
Los Gatos
June 6, 2023
Olivia Uribe Mutal, Program Manager
City of Carpinteria
5775 Carpinteria Ave.
Carpinteria, CA 93013
Dear Ms. Uribe Mutal:
Thank you for the opportunity to submit our recruitment proposal for the position of City Manager for the City of Carpinteria. We feel well suited to fulfill your executive search requirements based on our track record of successful recruitments, our service approach, and overall recruitment expertise.
We take great pride in providing our clients exceptional service and excellent results. And we feel well suited to support your city on this search. During the past 24 months, we have completed City Manager assignments for the cities of Chico, Pleasanton, Sand City, Cupertino, Yreka, Tulare, Ross, Paso Robles, Sausalito, and Fowler. Overall, in the past five years our firm has completed 29 city manager assignments. These include the cities of Stockton, Simi Valley, Hawthorne, Whittier, Port Hueneme, Pinole, Anaheim, Fremont, Vallejo, Hermosa Beach, Martinez, Half Moon Bay, Visalia, Fullerton, Redding, South El Monte, Monte Sereno, Benicia, and Beaumont. We feel the contacts made from these assignments would be highly beneficial to this search and your overall recruitment needs.
Below is the location and phone numbers of the office which will coordinate this activity along with the contacts and authorized representatives of A very Associates:
Bill Avery
16 Lyndon Ave., Suite 200
Los Gatos, CA 95030
(office) 408 399-4424
(cell) 408 472-7873
(email) [email protected]
Paul Kimura, Principal
16 Lyndon Ave., Suite 200
Los Gatos, CA 95030
(office) 408 399-4424
(cell) 408 472-7936
(email) [email protected]
Our extensive database of executives in municipal and county government provides an excellent foundation for the outreach efforts we describe in our proposal. We've also had extensive interaction with City Councils, City Managers and Assistant City Managers based on our labor relations practice. All these contacts would be an excellent resource in support of this recruitment.
William Avery & Associates, Inc.
Consultants to Management
16 Lyndon Ave., Suite 200
Los Gatos, CA 95030
408 .399 .4424
Fax: 408.399.4423
www .a veryassoc .net
Following review of our proposal, it is our hope that our overall portfolio of successful recruitments, our professionalism, and the positive results we have delivered for our clients will provide the basis for selection of our firm. This proposal of recruitment services contains the following information:
• Company Overview
• Firm Qualifications/Experience
• Recruitment Team
• Recruitment Approach/Methodology
• Timeline
• Consulting Fee
• Guarantees & Ethics
• Principal Profiles
Thank you for the opportunity to be considered for this recruitment. If you have any questions, please do not hesitate to call me at 408-399-4424
Sincerely,
William H. Avery
WHA:jmc
PROPOSAL FOR THE CITY OF CARPINTERIA
RECRUITMENT FOR CITY MANAGER
William Avery & Associates, Inc. - Overview
William Avery & Associates, Inc. (Avery Associates) is a successful and service focused Management Consulting firm based in Los Gatos, California. Incorporated in 1982, the firm specializes in Executive Search, Labor Relations, and Human Resources/Management Consulting.
The firm currently includes two Principals and several key consultants. Bill A very, the founder of Avery Associates, heads, and manages the firm. He oversees the Labor Relations practice and is heavily involved in the search business including leading key searches. Paul Kimura focuses on and manages the Executive Search and Recruitment practice. Key staff members include Bill Lopez and Kristi Ward, who support the search practice and the firm's administrative staff includes Tomi Ewing and Jackie Collins. Temporary staff as needed augments the team.
Mr. A very, having served in the past as a City Manager, provides the firm with direct experience and knowledge of city administration. Mr. Kimura's expertise in executive, technical and business recruitment, which he gained during his nineteen years of high technology experience, provides the basis for many of the recruitment strategies and tactics utilized by the firm. (Their profiles are attached.) Collectively and combined, the firms Principals offer exceptional expertise in public sector recruitment and consulting.
Firm Qualifications/Experience - What Differentiates A very Associates Exceptional service delivery and a very high-quality work product provide excellent results for our clients. This begins with the initial client meetings, which lead to detailed timelines for deliverables followed by weekly recruitment status updates following initiation of the search.
Our candidate outreach efforts are professionally and confidentially conducted. The evaluation materials we provide clients are routinely characterized as accurate, comprehensive and of very high quality. We believe more so than any other public sector recruitment firm. This is largely based on our interview system utilizing behavioral interview techniques, which we describe in our recruitment plan. This leads to a quality product with excellent end results for our clients.
The service element is based on two factors: The first is the collective service philosophy from all our organizational team members. They are each dedicated to providing service and support to clients. The second factor is based on the high level of engagement and participation from the firm Principals in every search assignment. This hands-on involvement includes client interface, identifying and developing the ideal candidate profile and position specification, development of the search strategy, candidate outreach, interviewing and assessment, completion of reference interviews, candidate presentation, final interview facilitation and when desired, negotiation of employment terms with the successful candidate.
1 Recruitment Team for the City of Carpinteria
Bill A very will serve as the Project Lead for this assignment and will be assisted by Bill Lopez and Kristi Ward. Mr. Avery will be personally involved in the initial client meetings, development of the ideal candidate profile and search strategy, interviewing and assessment of candidates, the presentation of candidates, attendance at final interviews and will be available throughout the search process to provide other related consulting services.
Recruitment Approach/Methodology
I. Position Profile and Organizational Assessment
The initial assessment phase is a critical component of the search process. Mr. Avery will individually meet with City Council members, and with other city staff (as deemed appropriate by the policy makers) to discuss the organizational needs and position requirements and to formalize the recruitment job announcement.
We understand that some communities are committed to engaging their residents in determining the ideal profile for the new City Manager. If this is a priority for the City, we can utilize various approaches in reaching out to the community in soliciting their insights/inputs regarding the ideal City Manager. The ideal approach towards reaching the greatest number of residents is through an online community survey linked through your city's website. Alternative options include A town hall meeting (in today's environment, this would be conducted via video conferencing); conducting a "targeted" outreach effort to key community members as identified by the City Council (i.e., Service club/Chamber of Commerce/Downtown Association leaders; educational executives; homeowners association leaders; executives of community-based organizations). Any or all of these community outreach efforts can be incorporated into our recruitment model. We will include the Council's preferred approach as part of our Scope of Services at no additional charge.
Our goals in securing the collective insights from our meetings are to:
• Understand the City priorities for this position.
Develop a clear understanding and consensus on the expertise, experience, education, performance attributes and operational style of the ideal candidate. • Discuss the goals, objectives, deliverables, and challenges related to this position. •
• Gain insight of the various organizational dynamics and departmental issues that exist within the organization.
• Identify the compelling aspects to this opportunity.
The formal recruitment announcement that includes the ideal candidate profile would be developed from the above discussions and incorporated into the formal position 2 II.
announcement. The candidate profile is also utilized in various other means as a marketing tool, for advertising copy, postings, and for other announcements.
Development of the Search Strategy
Our search strategy will be developed in conjunction with the organizational assessment.
The final approach is based on your input and considerations during the assessment activity. We would incorporate the following elements into this search:
•
•
•
•
•
•
Original research, which consists of identification and contact of current incumbents or other candidates who meet the profile but are not actively seeking other employment.
Development of a targeted candidate list based on our extensive database of key executive contacts, referrals and recommendations from key sources, and other current and former City Management personnel who have extensive contacts and networks in this area. We also make extensive use of Linked-In Recruiter and email/phone contact in our proactive outreach efforts to solicit interest from potential candidates.
Public information sources that include various membership listings such as the League of California Cities, ICMA and the various municipal organizations within the U.S.
An extensive mailing campaign to current city managers and select assistant managers throughout the U.S.
Print advertising in ICMA Newsletter, Jobs Available and any other print publications deemed appropriate by the City.
Internet job postings on national public sector employment bulletin boards, City Management and Municipal association-based web sites, and our company website.
III. Candidate Assessment
Our assessment process involves several "tiers" of evaluation. All candidates responding to this position will initially be evaluated based on their resume and if appropriate, an extensive phone "screening" by a member of the project team. Candidates who pass the initial "qualifying" criteria are then scheduled for a formal interview with Mr. Avery. These extended personal interviews typically take one hour and a thorough discussion of their experience, accomplishments, management philosophy and interpersonal style takes place.
In interviewing candidates, we utilize a methodology based on "behavioral" interview techniques. Fundamentally, this approach explores a candidate's past accomplishments and experiences that relate to the position being considered. The philosophy here is that the best indicator of future performance is to evaluate past behavior. This methodology allows the firm to "project" how a candidate would approach and address the key challenges in the new position.
3 Those individuals who best fit the position requirements will have a Candidate Assessment Report developed by the Principal who conducted the interview.
Additionally, two initial reference interviews are performed on these candidates. The reference interviews provide our clients with additional insights on the candidate's "behavior" and style.
IV. Candidate Presentation
Upon completion of formal interviews, a selection of candidates for presentation is made.
We feel our extensive qualification, interview, and reference interviewing process and the knowledge gained during our initial assessment period; enable our client to proceed with fewer rather than more finalists. However, we will not restrict or limit the number of candidates recommended as this decision is related to the overall strength and depth of the candidate pool.
The final candidates are presented in our extensive candidate presentation "book". Each finalist will have a file consisting of a candidate summary sheet, the submitted cover letter and resume, the Candidate Assessment Report (based on the "behavioral" interview), and two candidate reference interviews. This extensive profile on each recommended candidate continually generates positive feedback from our clients as it provides extensive detail beyond just a resume.
The Candidate book also identifies other candidates who were given secondary consideration, which provides the client insight on others who were interviewed.
Candidate summary sheets are created for everyone who submitted a resume would also be included. This provides the client an insight to the level and nature of response for their position.
V. Selection Process
Once the final candidate interview group is identified, we will assist in the structuring of the interview process and coordinate the interview scheduling activity. Our firm will also provide candidates with guidance related to travel planning, hotel accommodations, as well as other interview planning issues. Our firm will also develop potential interview questions and be in attendance during final interviews to help facilitate the process and to lead an end of day debrief and evaluation process.
VI. Position Closure and Follow-Up
Based on the firm's experience in human resource management and executive search, we can assist our clients in formulating appropriate compensation and other employment arrangements. We will be available throughout our retention to assist in this process.
As a matter of policy, A very Associates monitors the transition and progress of any executive we place with a client. Within the first three to six months following the hired individual 4 joining the City, we will speak with that individual to ensure the transition has effectively occurred. During the same period, we will also review the individual's status with your office.
Recruitment Timeline
Task Scheduled Dates
Search Initiation, Marketing & Advertising Development: Weeks 1 - 4 ■ Initial meetings with city manager and city staff to define the ideal candidate profile.
■ Develop draft of recruitment brochure for approval by client ■ Recruitment strategy finalized.
■ Determination of advertising scope and placement deadlines ■ Brochure designed and printed
Marketing, Advertisement and Outreach Period: Weeks 4 - JO ■ Mailing of brochures
■ Jobs Available
■ ICMA newsletter and website
Preliminary candidate screening
Candidate Review - Screening and Finalists Selection Weeks 9-12 Development and finalization of Interview process and interview questions Weeks 13-14 Interviews with City Week 15
Final interviews and reference checks Week 16
Appointment Offer/ Acceptance Week >17
Report to Work Date Week >17
Consulting Fee
Based on the services described in our proposal, the professional services consulting fee for this recruitment will be $19,400. We would provide our first consulting invoice in the amount of $8,400 at the outset of the search. A second invoice of $5,500 would be billed with the presentation of candidate recommendations and the final invoice of $5,500 for the retainer will be submitted at the completion of the search. The consulting fee will be inclusive of all services defined within this proposal unless otherwise stated.
In addition to the Professional Services Fee, normal and direct out-of-pocket expenses associated with the search are charged back to the client. Expenses for this assignment would not exceed $6,500 without the express consent of the City. These expenses include advertising, clerical time, supplies, printing, telephone, postage, background checks and consultant travel for client discussions, meetings, local and out-of-area candidate interviews. All expense items are reimbursed "at cost" and will be detailed and billed monthly. 5 As requested, the hourly rate for the team members of Avery Associates is:
Principals
Senior Recruiter/Contract Recruitment Associates
Clerical
$200.00
$100.00
$ 40.00
Guarantees and Ethics
Whenever William A very & Associates, Inc. is retained; we make several guarantees and commitments to a client. Due to our experience, knowledge, and success within the management-consulting field, we assure a client that we will only present candidates who meet a substantial majority of the ideal qualifications that you have outlined. We are also committed to continue our search efforts until a successful candidate is employed.
During our placement efforts, we openly share any relationships, previous experience, and knowledge for any candidate we present for consideration. Our commitment and responsibility are to our clients and their best interests.
It is also our practice to replace a candidate who may voluntarily resign during the first year of his/her employment. This same commitment applies if the client finds it necessary to terminate or to request the resignation of the selected individual in the first year for any reason. In either case, we invoice a client only for out-of-pocket expenses incurred in identifying a replacement. 6 A very Profile
William Avery
William A very founded his successful management consulting firm in 1981. He has directed William Avery & Associates in service as a Labor Relations and Executive Search consultancy, serving personally as a chief negotiator, trainer, and representative in grievance and disciplinary matters.
A specialist and widely recognized expert in employer-employee relations, he has served as a City Manager (Los Gatos) and Assistant City Manager. While City Manager, he was President of the Santa Clara County City Manager's Association and Chair of the County Employee Relations Service.
Bill has lectured at De Anza College, San Jose State University, and Stanford University, and regularly makes presentations for the League of California Cities, CALPELRA, and other public sector organizations.
Building on his personal track record of success, he expanded the firm's focus to include increased emphasis on public and private sector search. He added proven industry professionals with expertise in these areas. The result has been to create an exceptionally strong management consulting firm, now known as Avery Associates, with the expertise to provide the full range of services required for successful public or private sector executive search.
A key measure of the firm's success has been the many long-term relationships that he and his staff have established with clients.
Bill holds B.A. in Political Science and an MPA from San Jose State University, where he was graduated with highest honors.
7 A very Profile
Paul Kimura
Paul Kimura brings a unique combination of recruitment and business experience to A very clients.
Paul is involved in leading Avery's public sector professional searches. He has been both a corporate recruitment director and HR director for several high technology companies, ranging from Fortune 500 firms such as Novell and National Semiconductor to a Silicon Valley start-up.
His proven recruitment and HR generalist skills help him bring forward the best available candidates and properly assess their skills and "fit" with client organizations.
Indeed, many of the recruitment strategies and tactics incorporated into the A very search process are a direct result of Paul's extensive recruitment experience in the high technology industry.
Paul has been a successful HR consultant, guiding clients through all aspects of Human Resources functions - compensation & benefits, employee and management training, performance management, and termination issues.
He is skilled in areas such as strategic planning, executive coaching, separation negotiation, and organizational assessment and design. It's another service that A very Associates can off er its clients because of the unique background of its principals - and Paul's extended skill set in Human Resources underscores the fact that A very professionals "have been there" and understand your needs from a personal perspective.
Paul holds a B.S. degree in Business Administration from San Jose State University. He is active in professional HR organizations and in the community, where he has worked with a number of education, youth service, civic, business, and cultural organizations. "Just as Avery looks to form long-lasting relationships with its clients, I believe in making the same commitments within my community."
8 PECKHAM
i.. -----
MCKENNEY
EXECUTIVE SEARCH
June 14, 2023
The Honorable Mayor Mr. Al Clark
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
Via PDF /Email To: [email protected]
Dear Mayor Clark and Members of the Carpinteria City Council Thank you for considering Peckham & McKenney for the City of Carpinteria City Manager recruitment. I have been a regular visitor of Carpinteria for many years and recently, a part time resident. I know the importance of preserving the history, culture and environment that makes Carpinteria such a special place for people to be part of. I would be honored to represent the City and City Council in this important search.
As a boutique firm that specializes in recruitments for small and medium size communities in California, Peckham & McKenney is known for achieving successful and long-term placements. Among ma'!Y strong attributes, these are four key reasons why the City should choose us:
• We actively and personally search for and find candidates. • We limit the number of concurrent searches in order to directly focus on serving our client. • We prioritize communicating with our client and applicants to keep everyone informed. • Your recruiter is personally and directly responsible for all aspects of the search and your one point of contact.
Our Peckham & McKenney team is comprised of retired municipal managers and directors who are passionate about the public sector. I am proud to be on the Peckham & McKenney team because the firm's values and priorities align with mine - to assist public agencies in furtherance of good government; to place quality above quantity; and to build long lasting relationships with those in the public service.
For this important position and search, I will serve as your Recruiter. As a former City Manager, I am well acquainted with the responsibilities of the City Manager, expectations of the position, and the needs/interests of City Council, the City, and the community. I believe my growing familiarity with the City and the region over the past 20 years would be a valuable assest in this search process. Having worked closely with city and county agencies in the Ventura, Santa Barbara, and San Luis Obispo counties on searches to fill their executive management positions, I am knowledgeable of and connected to potential candidates.
Attached is a detailed proposal for conducting the search that includes information about our firm, process, timeline, resources, references, experience and fee. Peckham & McKenney charges a fixed, all-inclusive fee and for this search. The proposed fee for this search would be $28,000. I would also be happy to participate Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 in an interview to personally present and discuss the attached proposal. Based on my current calendar, I would be available to begin this search on or around September 1, 2023 I am excited for the opportunity to implement the process leading to the successful placement of a candidate that "fits" your interests and the organization. Please feel free to call me at 626-644-1398, if there are any questions.
Sincerely,
Executive Recruiter
Tara Schultz
Enclosure:
City of Carpinteria City Manager Search Proposal
Example Candidate Profile San Luis Obispo Community Development Director Peckham & Mckenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 City of Carpinteria
RECRUITMENT PROPOSAL
for
City Manager
June 14, 2023
PECKHAM
' i -----
MCKENNEY
EXECUTIVE SEARCH
Peckham. & McKenney
EXECUTIVE SEARCH
Serving Iocai governments (cities, counties, districts) by conducting reeruitments and placing management and executive leaders that fit the personnel needs and interests 0f agencies.
Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678
TABLE OF CONTENTS
WHY CHOOSE US? 2
EXPERIENCE 3
YOUR RECRUITMENT TEAM 5
THE SEARCH PROCESS AND SCHEDULE 7
COST OF SERVICES 8
Cost of Services
Process of Payment
Insurance
GUARANTEE AND DIVERSITY 9
Guarantee
Diversity Statement
Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 WHY Cnooss Us?
Peckham & McKenney focuses on quality searches
and placements (over quantity) in recognition that each placement is "All about fit". Serving local government since 2004, we arc one of the most trusted and respected executive recruitment firms in the country. We have successfully placed hundreds oflocal government professionals including City Managers, County Executive Officers, General Managers,
Police and Fire Chiefs, Department Heads, Assistant
Managers, and mid-level Managers. Time and again, we
receive unsolicited compliments from clients and candidates in reference to our integrity and high ethics, commitment, follow-through, communication, and service.
We take pride in treating both our clients and candidates with utmost respect.
For more information, please visit our website at
www.PcckhamAndMcKcnney.com.
OUR COMMITMENT TO YOU
Peckham & McKenney, by maintaining the quality, style,
values and culture established by Bobbi Peckham and Phil McKenney, performs on the premise that an executive
search firm must be dedicated to providing its clients and candidates with professional and responsive service, and a personal, hands-on approach. Our business philosophy
is founded on the understanding that we are in a "people" related industry and that attention to others' needs is the key to providing effective customer service.
• We believe in honesty. No client should ever appoint
an individual without being fully knowledgeable of
the candidate's complete background and history.
Additionally, no candidate should ever enter into a
new career opportunity without full disclosure of any
organizational "issues."
• We keep everyone involved in the recruitment process
informed. Not only do we provide regular updates to
our clients, we also have a reputation for keeping our
candidates up to date.
• We do not recruit staff from our client agencies for
another recruitment during an active engagement, nor
do we "parallel process" a candidate, thereby pitting one client against another for the same candidate.
• We do not recruit our placements - ever. Should
a placement of ours have an interest in a position for
which we are recruiting, they may choose to apply. If
they become a finalist, we ask that they speak to their supervisor to alert them of their intent.
• We are retained only by cities, counties and special
districts. We are not retained by applicants or nongovernmental agencies. • We do not over commit ourselves to too many
searches. Your recruiter maintains a small, limited
number of concurrent searches at all times in order to
focus specifically and diligently on recruiting qualified candidates for your vacancy.
• We commit to diversity in its broadest possible
definition in every aspect of each executive recruitment.
Peckham & McKenney has a well established reputation
of placing women and people with diverse backgrounds.
21 Peckham & McKenney
EXPERIENCE
With our recruitment team that solely consists of retired City Managers, Assistant City Managers, Police Chiefs and Department Heads, and our expert support team, Peckham & McKenney brings more experience and knowledge oflocal government and executive search than any other California recruiter. Just a few of our recent recruitments related to your search for a City Manager have been for:
City of San Luis Obispo Finance Director, Community Development Director, Assistant City Manager City of Downey Public Works Director
City of Camarillo City Manager and City Clerk
City of Ventura Chief Technology Officer
City of Big Bear Lake City Manager
Please don't hesitate to contact these agencies as well as our large list of current and former clients on our website (here); they will attest to our quality of service, on-going communication throughout the process, personal and direct outreach and sourcing of candidates, quality applicant pool, written materials and interview facilitation.
As an ambassador of our clients, Peckham & McKenney is also known for maintaining ongoing communications with our applicants throughout the search process, treating every applicant with respect, and appropriately informing candidates to support their best effort. The numerous compliments we have received from applicants fairly illustrate this reputation.
Comfortable and Professional Experience
"I'd like to thank you again for your support and
guidance throughout the recruitment and selection
process. It was a comfortable and professional
experience, and I attribute a great deal of that to you. It's my hope that our professional paths may cross again in
the future." Candidate
Straightforward, Friendly, and Humane
Recruitment Process
"I wanted to let you know what a terrific job I
thought you and Peckham & McKenney did
on the recruitment. It was absolutely the most
straightforward, friendly, and humane recruitment
process I've ever participated in. And I would feel the same way even if the outcome was not successful for
me." Candidate
31 Peckham & McKenney
It really has been, ''All about fit!"
"From the construction of the colorful candidate
profile, to being responsive to phone calls, texts and
my questions, I have been thoroughly impressed with
the professionalism and approach of Peckham &
McKenney. Maria Hurtado and Joyce Johnson have been
the team that have shepherded my application through
the municipal hiring processes, and I can speak highly
for both of them. Should I need a recruiter to help fill a critical position in my new city, I will be calling on Maria Hurtado and Peckham & McKenney. And, by the
way, it really has been, "All about fit!" Candidate
You Made Me Feel So Comfortable
"This is my first time working with a recruiting company, and I'm so happy for having the opportunity to work
with your company, wow! I truly enjoyed the process!
Your interview skills are amazing! You made me feel so
comfortable and I felt like I was just talking shop with a longtime friend. Thanks for the personal touch that you include in your job, l believe that this is what makes your firm so desirable and successful." Candidate
Testimonials from clients and candidates are at https://www.peckhamandmckenney.com/testimonials.
Please feel free to contact any of the following current and recent clients to inquire about their experience with Peckham & McKenney. In addition, we would be pleased to furnish the client contact and phone numbers for any past clients listed in this proposal.
City of Downey - Public Works Director
Mark Scott, Former Interim City Manager (760) 574-9562
James McQueen, Human Resources Director
(562) 904- 7292; [email protected]
City of South Pasadena - Finance Director
Armine Chaparyan, City Manager
626-403- 721 0; [email protected]
City of San Luis Obispo - Finance Director & Community Development Director Derek Johnson, City Manager
805-781-7114; [email protected]
City of San Marino - Parks & Public Works Director
Marcella Marlow, Former City Manager
626-221-7809; [email protected]
YOUR RECRUITMENT TEAM
Our Approach
With every Peckham & McKenney recruitment, your Recruiter has the entire Peckham & McKenney team of Recruiters and administrative personnel for backup, support, collaboration, and sourcing. However, when you retain Peckham & McKenney, your Recruiter serves as your single point of contact throughout the entire search process and is fully responsible for its success.
Moreover, in order to fully focus on your search and finding applicants that fit with the ideal candidate you are seeking, your Recruiter also maintains no more than 6 active searches.
The Executive Recruiter for you in this search is Tara Schultz Peckham & M,Kenney Team
Tara Shultz, Executive Recruiter, Peckham & McKenney Executive Search
With a 28 year career in local government, Tara retired from city service in 2020. Tara was the City Manager of Claremont, California prior to retiring.
Before serving in Claremont, Tara contributed nearly 19 years of her career to the City of Alhambra. Tara served as Deputy City Manager and then Assistant City Manager, along with holding the titles of Administrative Services Director, Development Services Director and Human Resources Director. Tara has a bachelor's degree in Recreation Administration and a master's degree in Public Administration from California State University, Northridge.
Anton "Tony" Dahlerbruch, Executive Recruiter and Managing Member of Peckham & McKenney Executive Search
Tony worked in local government over 30 years before joining the Peckham & McKenney team. His experience spans most every city department in the Cities of Beverly Hills, California; Scottsdale and Phoenix, Arizona; and Rockville, Maryland, with ultimately serving a combined 12 years as City Manager in Rolling Hills and Palos Verdes Estates, California. Tony has represented the City Managers Department in CalCities as a two term Director on the Executive Board, President of City Managers Department, and member of numerous Policy Committees. He has also served as a Regional Vice President on the Executive Board of the International City /County Management Association. Tony holds a Bachelor of Arts in Political Science from the University of California at Santa Barbara and a Master of Public Administration from The American University in Washington, D.C.
Tara is supported by the following team.
Joyce Johnson, Operations Manager
Joyce Johnson joined Peckham & McKenney in 2005 and serves as the firm's Operations Manager. She has over 30 years' experience in the field of administrative and executive support for all aspects of the executive recruitment process. She oversees internal administration of the firm as well as directing contract administrative support in the areas of advertising and design, web posting, and duplication and mailing services. Prior to joining Peckham & McKenney, Ms. Johnson oversaw internal administration in the Western Region headquarters of two national management consulting and executive recruitment firms. Ms. Johnson is complimented regularly on her strong customer orientation working with both clients and candidates alike. Ms. Johnson holds an Associate of Arts degree from American River College.
Tayler Bergstrom, Research Assistant
Tayler Bergstrom joined Peckham & McKenney in 2022 and currently serves as a Research Associate. Tayler is currently pursuing a PhD at UCLA where she worked previously as a lab manager overseeing various research projects. Prior to that, Tayler graduated from UC San Diego with a Bachelor of Science degree in Psychology.
Linda Pucilowski, Graphic Designer
With nearly 30 years of experience, Linda Pucilowski provides her expert design and marketing skills to Peckham & McKenney. She is the firm's "go-to" professional for all advertising and brochure design and creation. Ms.
Pucilowski holds a Bachelor's degree from California State University, Sacramento.
Rachel Moran, Website & Social Media Assistant
Rachel Moran has been in the graphic design field since 2007 and prides herself on creating eye-catching visual art. She supports the Peckham & McKenney team by handling all website visual and technical design as well as social media. Ms. Moran graduated from the Art Institute of Houston obtaining her Bachelor's Degree in Fine Arts with a concentration in Graphic Design.
THE SEARCH PROCESS AND SCHEDULE
Peckham & McKenney is committed to finding the best fit for your position. Our process is 12 to 14 weeks and generally involves the following phases:
PROJECT ORGANIZATION (PRE-RECRUITMENT)- We will meet to discuss the search timeline, process and logistics .__t_o_r_c_o_n_d_u_c_ti_n_g_a_s_u_c_ce_s_s_fu_l_se_a_r_c_h_. -,;;;;;;;:;======r--r-============:;;;;::;;:;.======:;:;;:;=~[, ··~
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DEVELOPMENT OF THE CANDIDATE PROFILE (2 WEEKS)- We will meet with agency members to listen to specific expectations of the position; learn the background and experiences desired in the ideal candidate; and understand the organizational culture and interests to create an attractive Candidate Profile marketing brochure. i
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RECRUITMENT (4 TO 6 WEEKS)- Our main focus in outreach will be direct, personal contact with quality potential candidates. Additionally, ads will be placed in industry publications and social media to broadly market the opportunity. Our client agency is continuously updated on our progress. :;
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SUPPLEMENTARY Rsvrsw (2 WEEKS)- Upon our review of the resumes received, supplemental questionnaires will be sent to candidates who appear in most alignment with the Candidate Profile. Following a thorough review of the supplemental questionnaires, we will conduct preliminary telephone interviews. Internet research will also be conducted so that we may probe the candidate regarding any areas of concern.
L
-✓
RECOMMENDATION OF CANDIDATEslSELECTION OF FINALISTS (r WEEK)-A report will be provided to the agency that includes, among a variety of documents, a full listing of all candidates for review and the materials submitted by candidates recommended for an interview .
i'
...
INTERVIEW PROCESS (2 WEEKS)- Your recruiter will facilitate the interview process, inclusive of an orientation session at the beginning, and a discussion of candidates at the end.
QuALIFICATION (r w EEK)- Once a finalist is selected, a reference check and thorough background check will be conducted. Assistance with negotiating compensation will also be provided. ll
1,
Cos r OF SERVICES
The fee to conduct the entire search process for your next City Manager is $28,000. Please note that we are happy to discuss the process and our fee in order to better accommodate the City's needs.
Peckham & McKenney is unique
among recruiting firms for several
reasons including having a fixed allinclusive fee. We have found that an all-inclusive fee for the search process
is simpler, cost-effective, and efficient.
The all-inclusive fee above includes
professional fees and expenses
(out-of-pocket costs associated
with advertising, Recruiter travel,
administrative support/ printing
/ copying/ postage / materials,
telephone/ technology, internet
research checks on recommended
candidates, and full background check
on selected finalist only). For services
not specified herein, we will discuss
your interests and an appropriate fee.
PROCESS OF PAYMENT
One-third of the all-inclusive fee is
due as a retainer upon execution of the
agreement. This retainer covers upfront
and necessary expenses incurred by
Peckham &McKenney on the City's
behalf for the preparatory work and
advertising. If the retainer is not received
by Peckham &McKenney within 30
days of execution of the agreement, we
will suspend the recruitment process until
payment is received. The second onethird of the full payment will be invoiced 1 month from contract execution, and
it is due within 30 days following the
invoice date. The final one-third of the
full payment will be invoiced 2 months
from contract execution, and it is due
within 30 days following the invoice date.
AGREEMENT
Peckham & McKenney is the
operating name of City Management
Advisors LLC, Anton Dahlerbruch,
Managing Member.
INSURANCE
Peckham & McKenney carries
Professional Liability Insurance
($1,000,000 limit), Commercial
General Liability Insurance
($2,000,000 General Liability,
and $4,000,000 Products) and
Automobile Liability Insurance
($1,000,000). Our Insurance Broker
is B&B Premier Insurance Solutions,
Agoura Hills, CA.
GUARANTEE
We are pleased to share that the Peckham & McKenney
success and placement record are particularly strong.
We are confident that our recruitment process will result in a quality candidate that will stay in your employment.
OUR GUARANTEE:
• We will connect with you and our placement in 6 months and 1 year after the appointment to check-in.
• \v'e will conduct a second search within 6 months of our search process if a candidate is not placed.
• If the placement vacates the position within 1 year from the date of accepting the offer (external candidates only and except in the event of budgetary cutbacks, promotion, position elimination, or illness/ death, etc.), we agree to conduct a second search within 6 months of the vacancy.
Recognizing the current market for finding competent and successful executives and the changes in strategy that would be needed for a second search, the cost of a second search will be equal to the fee for conducting the original search.
DIVERSITY STATEMENT
Peckham & McKenney is committed
to diversity in its broadest possible
definition in every aspect of each
executive recruitment our firm
provides. We take pride in the
placement of women and applicants
of diversity, and are known for long,
successful tenures of candidates
selected by the agency.
Peckham & McKenney does not
discriminate on the basis of race,
color, religion, creed, sex/gender,
national origin/ancestry, disability,
pregnancy, sexual orientation (including
transgender status), marriage or family
status, military status, or age. We are
fully compliant with all applicable
federal and state employment laws and
regulations in all of our recruitments.
For over 30 years, founder Bobbi
Peckham has been a champion of
women seeking executive leadership
positions within local government.
With our diverse team of Recruiters,
Peckham & McKenney supports,
promotes and advocates for diversity in
the recruitment and hiring processes.
In addition to our outreach methods,
Peckham & McKenney routinely
advertises with the National Forum of
Black Public Administrators (NFBPA),
Local Government Hispanic Network
(LGHN) and CivicPRIDE as well
as the National Diversity Network to
ensure placement of your opportunity
with the following online venues:
• African American Job Network
• Asian Job Network
• Disability Job Network
• Latino Job Network
• LGBT Job Network
• Retirement Job Network
• VeteranJob Network
• Women's Job Network
PECKHAM
MCKE·--- NN------ EY
EXECUTIVE SEARCH
Community
Development Director
C1TY OF SAN Luis OBISPO, CALIFORNIA
THE COMMUNITY
The City of San Luis Obispo is at the
heart of California's majestic Central
Coast. Commonly known as SLO
(pronounced "slow"), San Luis Obispo
is midway between San Francisco and
Los Angeles. San Luis Obispo County
is home to 282,000 people and 47,000
residents live within the City. Nestled
within a backdrop of rolling hills, SLO
represents a community that is committed
to being a place where all people feel
valued, respected, and that they belong.
SLO covers 13.6 square miles, is the
largest city in San Luis Obispo County,
and serves as the County seat.
SLO is also a well-known business hub,
vacation and visitor destination, and home
to California Polytechnic State University
(Cal Poly), a public university where
some of the best and brightest students
in California and around the world
choose to study. Cal Poly is one of three
polytechnics in the Cal State University
system and gives students access to
opportunities for hands-on research
in community and regional planning,
engineering, winemaking, agriculture,
and distinctive coastal ecosystems. While
Cal Poly sits on 9,000 acres, nearly half
of the 21,800-student population live offcampus within the City.
A perfect Mediterranean marine climate
keeps San Luis Obispo sunny and warm,
with an average 315 days of sunshine
each year. SLO offers endless outdoor
recreation opportunities among a vast
network of award-winning hiking and
biking trails, parks, and over 5,000 acres
of open space and over 60 miles of open
space trails.
SLO's robust technology, medical, and
specialty manufacturing industries are
rapidly expanding, and its regional
airport, operated by the County, is one
of the fastest growing in the country,
providing connections to several major
airport hubs. Its charming downtown
is filled with exceptional restaurants,
shopping, galleries, and an awardwinning Thursday evening open-air Farmers Market.
SLO also offers a vibrant cultural scene
that includes local theatre, symphony,
museums, the arts, and more. Several
business, community, and non-profit
organizations collaborate to promote the
City's community spirit and quality of
life. Countless places of interest can be
found in SLO and the surrounding area,
including the Embarcadero at Morro
Bay, Hearst Castle, miles of beaches and
coastline, and the vast Central Coast
wine regions.
THE ORGANIZATION
The City of San Luis Obispo values
high-quality public service, respect, and
community involvement. The full-service
City has 10 distinct departments that
provide police, fire, water, wastewater,
parks and recreation, street maintenance,
planning and building, and other
essential public services. The City
employs a full-time staff of 470 and a
part-time staff of approximately 200 who
work collectively to enhance the quality of
life for the community.
SLO is a Charter City that operates
under the council-mayor-city manager
form of government. Its five-member
City Council is comprised of a Mayor and
four Council Members who are elected
at-large. The Mayor is elected every two
years, while Council Members are elected
to overlapping four year terms. The City
Council appoints the City Manager and
City Attorney. All department heads,
including the Community Development
Director, are appointed by the City
Manager.
The City operates under a two-year
Financial Plan and has a balanced budget
and a proposed FY23-25 General Fund
budget of over $202 million. San Luis
Obispo is financially sound, and cautiously
optimistic about the future. In 2020,
voters supported a local sales tax measure
expanding the ability to carefully plan
and address much needed infrastructure
projects and community services including
substantial transportation and public
safety improvements, and new park
amenities, which will support residential
and commercial development in the
southern portion of the City. There are
currently over 40 development projects
at various stages of environmental review
and design, including both small- and
large-scale single and multi-family
housing projects, retail and commercial
development.
The City has established an Urban
Reserve Line (URL) to preserve its
surrounding hillsides and refocus
densification and development in
the downtown business district and
under-utilized areas within the City's
URL. Projects implementing the City's
Downtown Concept Plan are also
in progress, including a new parking
structure, community theater, and a
flexible density program that encourages
development of small housing units in the
City's Downtown Core.
San Luis Obispo recently completed
the update for its Housing Element
and is preparing for a focused General
Plan update later this year. The next
Director will play an active role in an
engaged and passionate community
that expects results. The Department
maintains a work program in support
of the Council's Major City Goals,
including long-range plans to support
housing production through infill,
amendments to existing specific plans,
and development of Special Focus areas
defined in the General Plan. The City
is committed to finding innovative
ways to promote the development of
affordable housing for designated income
categories and middle-class families
to make housing available to all, while
preserving the historic fabric of the city
and the surrounding rural environment,
addressing climate issues through its
Carbon Neutral by 2035 initiative,
and supporting economic growth. The
Department also takes a lead role in
homelessness response, through the
development and implementation of a
strategic plan and working with regional
partners on coordinated solutions.
The organization and community value
Diversity, Equity, and Inclusion and
believe that both in value and practice,
San Luis Obispo can be a place where
all members regardless of race, ethnicity,
gender identity, sexuality, religion, or
ability are represented, respected, valued,
and heard. The City is committed to
ensuring that SLO is a welcoming,
inclusive, and safe community for
everyone. Further information on the
City's DEI Initiative may be found at:
https:/ /bit.ly/39UXHMR
THE DEPARTMENT
The San Luis Obispo Community
Development Department is one
of four departments in the City's
Community Services Group. Overseen
by the Assistant City Manager, the
Community Services Group also
includes the Public Works, Utilities and
Parks and Recreation Departments.
The Department divisions - Planning,
Engineering, and Building & Safety
are staffed by a team of 44 talented and
innovative professionals committed
to providing high quality service to
the community as illustrated in the
Department's Mission Statement:
"Our mission is to serve all persons
in a positive and courteous manner
and help ensure that San Luis
Obispo continues to be a healthy,
safe, attractive, and enjoyable place
to live, work, or visit. We help
plan the City's farm and character,
support community values, preserve
the environment, promote the wise
use of resources, and protect public
health and safety."
The Department serves the residents of
San Luis Obispo directly at the public
counter and indirectly by guiding the
City's urban form from concept to
construction. Endeavoring to maintain
SLO's outstanding quality oflife, the
Director is charged with ensuring the
careful balance between the desire
to preserve the City's natural beauty
and various environmental assets with
the need for economic vitality, while
appreciating the importance of historic
and cultural preservation.
THE Pos1T10N
The City of San Luis
Obispo is seeking a
visionary and strategic
thinker with outstanding
communication and
customer services skills to
be their next Community
Development Director. The Community
Development Director serves as a
visible external ambassador, interacting
with residents, businesses, developers,
community groups, City Council,
Commissioners/Committee members
and their fellow City staff members. This
individual will have a proven track record
of positive community relations; be an
innovative and intuitive leader with the
ability to collaboratively and creatively
find solutions to address organizational
and community challenges; and be able to
engage and build relationships with staff
City leaders and the community. It will
be the Director's responsibility to create
and recommend the resources necessary
to implement City policies and programs
and to educate the community on the
process, methodology and impacts of
legi8lation on the projects and programs.
It is important that the successful
candidate be knowledgeable to California
laws and experienced with CEQb..
The ideal candidate will see and
create a team and promote processes
that advance the City's adopted
vision, policies and goals. They
should have practical experience with
the preparation, maintenance, and
implementation of the General Plan
and its Elements; maintain, update, and
interpret the Zoning Code. The Director
must be a skilled communicator with
the ability to communicate clearly and
effectively with architects, engineers,
contractors, civic organizations,
the general public, as well as
Councilmembers and Commissioners/
Committee members on planning and
development projects. The Director will
serve as a City representative to the
Housing Authority, County Airport
Land Use Commission, Cal Poly
University, Cuesta College, and other
public agencies, and serve as the staff
support to the Architectural Review
Commission, Planning Commission,
Cultural Heritage Committee, and Ad
Hoc committees including the Student
Housing Advisory Committee and
Environmental Task Force.
EDUCATION AND
EXPERIENCE:
Graduation from an accredited fouryear college or university with a degree in urban planning or closely related
SEARCH SCHEDULE
Filing Deadline March 31, 2023
Preliminary Interviews April 3, thru April 14, 2023
Recommendation of Candidates April 19, 2023
On Site Candidate Interview Assessment April 26 thru April 28, 2023 Finalist(s) Interview with City Manager April 28, 2023
These dates have been confirmed, and it is recommended
that you plan your calendar accordingly.
field and five years of progressively
responsible planning experience,
including at least three years of
supervisory experience. A Master's
degree and significant supervisory
experience is preferred.
Possession and maintenance of:
A valid California Class "C" driver's
license.
Additional requirements:
The new Director will be required
to successfully pass a background
check that includes DOJ LiveScan
Fingerprinting.
THE COMPENSATION
The annual salary range for this
opportunity is from $167,648 to
$209,586 and appointment will be
made depending on the qualifications
and experience of the selected
candidate. The City offers and excellent
comprehensive benefit package. For
more information please visit the City's
website at - https://www.slocity.org/
government/department-directory/
human-resources/job-openingsapplication-2306.
Additional Information
The City of San Luis Obispo offers
relocation assistance for candidates
relocating over fifty miles to San Luis
Obispo County during their first year
of employment.
THE RECRUITMENT
PROCESS
To apply for this exciting opportunity,
please visit our website:
Peckham & McKenney
www.peckhamandmckenney.com
Contact Tara Schultz at 626-644-1398
for questions regarding this position or
the recruitment process.
PECKHAM
. -----
MCKENNEY
EXECUTIVE SEARCH
www.peckhamandmckenney.com
(
~ RalphAndersen lt1 & Associates
June 7, 2023
Mayor Al Clark
and Members of the City Council
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, California 93013
Via Email: [email protected]
Dear Mayor Clark and Members of the City Council:
Ralph Andersen & Associates is pleased to submit this proposal to conduct an executive search for the position of City Manager for the City of Carpinteria.
The City has requested our responses to several questions. The questions and our responses are provided below.
Briefly describe your knowledge and experience in sourcing and closing executive-level positions, specifically within the City Manager domain in California.
Ralph Andersen & Associates conducts a wide array of searches in the public sector specializing in the top executive in local government - the City Manager. Our experience spans populations of all sizes, from the largest in the country to small and mid-size municipalities. Additionally, we have one of the strongest track records of conducting City Manager searches in California and nationally. The first listing included here is for recruitments conducted in California since 2020, followed by our out-of-state engagements. The city manager and assistant/deputy city manager engagements awarded (completed and in-progress) from 2020 - 2023 (year-to-date) total 58 as noted in the following listings:
California Recruitments:
• Artesia, CA - City Manager (2022)
• Barstow, CA- City Administrator (2021)
• Bishop, CA - City Administrator (2020)
• Calabasas, CA - City Manager (2021)
• California City, CA - City Manager (2022)
• Citrus Heights, CA - City Manager (2022)
• Colma, CA - City Manager (Current Search)
• Compton, CA - City Manager (2022)
• Coronado, CA
Assistant City Manager (2022)
City Manager (2021)
Serving Public Sector Clients Since 1972
5800 S1a11/ol'{/ Ranch Road. Sui le ./ I 0. Rocklin. Califomi« 95 765 Phone: 9 I 6 630-./900 Fax: 9 I 6 630-./9 I I Website: wwwralphandersen.com City of Carpinteria
Page2
• Eastvale, CA - City Manager (2022)
• El Segundo, CA - City Manager (2022)
• Emeryville, CA - City Manager (2022)
• Encinitas, CA - City Manager (2020)
• Fairfax, CA-Town Manager (2021)
• Foster City, CA- City Manager (2022)
• Goleta, CA - City Manager (2022)
• Grand Terrace, CA- City Manager (2021)
• Gustine, CA - City Manager (2022)
• Huntington Beach, CA - City Manager (2022)
• Indio, CA - City Manager (2021)
• La Palma, CA - City Manager (2020)
• La Verne, CA - City Manager (2022)
• Lincoln, CA - City Manager (2022)
• Los Altos, CA - City Manager (2021)
• Mill Valley, CA - City Manager (2020 & 2022)
• Modesto, CA - Deputy City Manager (2022 & Current Search) • Nevada City, CA- City Manager (2022)
• Norco, CA- City Manager (2022)
• Oakland, CA- City Administrator (2020 & 2023)
• Orange, CA - City Manager (2022)
• Palm Desert, CA - City Manager (2021)
• Palm Springs, CA - Assistant City Manager (2021)
• Palos Verdes Estates, CA- City Manager (2023)
• Riverside, CA - City Manager (2022)
• Rossmoor, CA (Golden Rain Foundation)- General Manager (2022) • Santa Monica, CA - City Manager (2021)
• Sierra Madre, CA - City Manager (2021)
• Solvang, CA- City Manager (2023)
• Stockton, CA- Deputy City Manager II (Two Placements) (2020) • Upland, CA - City Manager (2021)
City of Carpinteria
National Recruitments:
• Alexandria, VA - Deputy City Manager (2022)
• Austin, TX - Assistant City Manager for Health & Environment / Culture & Lifelong Leaming (2021)
• Avondale, AZ - City Manager (2022)
• Burleson, TX - Deputy City Manager (2021)
• Charlotte, NC - Assistant City Manager (2022)
• Cottonwood, AZ- City Manager (2023)
• Goodyear, AZ - Deputy City Manager (2022)
• Green Valley Recreation, Inc. - Chief Executive Officer (2020) • Lewisville, TX - City Manager (2021)
• Miami Beach, FL - City Manager (2021)
• Naples, FL - City Manager (2022)
• Oro Valley, AZ-Town Manager (2023)
• Powell, OH - City Manager (2020)
• Queen Creek, AZ-Assistant Town Manager (2023)
• The Woodlands Township, TX- President and General Manager (2020) • Vancouver, WA
Deputy City Manager - Community and Economic Development (2021) Deputy City Manager for Enterprise Services (2021)
Could you outline your search firm's recruitment process and elaborate on how you ensure that you would act as a strong advocate for the City of Carpinteria throughout the process?
The successful search process relies heavily on person-to-person contact to identify outstanding potential candidates and, in the evaluation phase, to gain a complete understanding of the background, experience, and management style of the top candidates. The executive recruitment techniques used by Ralph Andersen & Associates have been developed and used successfully with hundreds of clients for more than 51 years.
We feel that the key elements of the search process, which can be tailored to fit the specific needs of the City of Carpinteria, should include:
• Developing a comprehensive position profile based upon information obtained in meetings with the City Council and key staff members.
• Extensive personal outreach, via telephone and through internet technology, to qualified candidates throughout California, the Western Region, and across the nation.
City of Carpinteria
Page4
• A marketing strategy that uses selected advertising to supplement the extensive candidate identification process, uses the Internet and social media, and also uses our already established professional contacts throughout the region and across the nation. • A screening and assessment process that narrows the field of candidates to those that most closely match the needs of the City and is based on extensive reference checks and telephone interviews with the top candidates.
• Delivering a product in the form of a search report that recommends the top group of candidates and provides the decision-makers with detailed information about their backgrounds and experience.
• Assistance during the interview and selection process and in the negotiation of a compensation package.
Ralph Andersen & Associates has an outstanding record of placing quality candidates. Our goal is to work closely with the client to identify and place the best candidate that fits the qualities desired by the City. This is evidenced by a success rate that continues to be in the high-90 percentage rate in placing city manager / top executive candidates who have stayed with the organization for long periods of time.
If selected by the City, who would be responsible for handling the executive search? Furthermore, please detail their approach and experience in effectively engaging passive candidates.
The reputation of the search firm and personal commitment of the recruiters define the difference between the success and failure of any given recruitment. Ralph Andersen & Associates' search professionals are acknowledged leaders in the field and possess a broad range of skills and experience in the areas of local government management, executive search, and related disciplines. Only senior members of Ralph Andersen & Associates are assigned to lead search assignments, ensuring that their broad experience and knowledge of the industry is brought to bear on our clients' behalf.
The City of Carpinteria will have the Search Team of Mr. Fred Wilson, Senior Consultant with Ralph Andersen & Associates, as the Project Director; and Ms. Heather Renschler, President/CEO of Ralph Andersen & Associates, on this engagement. Mr. Wilson and Ms.
Renschler will have all the resources and full support of our firm fully dedicated to ensuring the highest quality outcome during this important recruitment process.
Fred Wilson, Project Director
Mr. Wilson, Senior Consultant with Ralph Andersen & Associates, brings more than 35 years of experience as a local government executive, including 21 years serving as City Manager in two California cities.
Working in full-service cities, he brings a strong background in identifying and recruiting top quality executive staff. His skills in identifying, recruiting, and retaining high quality employees and talent management, coupled with succession planning, have contributed significantly to the successes of those organizations. This experience gives Mr. Wilson a unique perspective to identifying high quality candidates that "fit" the organization.
City of Carpinteria
Page5
Since joining Ralph Andersen & Associates, Mr. Wilson has completed many successful recruitments and brings a vast network of contacts throughout the region. He has successfully completed searches for executives and professionals for local government organizations including City Managers, Community Development Directors, Public Works Directors, Finance Directors, and other General Managers.
Mr. Wilson's clients have found his knowledge of city management, experience working with City Council members, and expertise in recruitment and selection an asset.
As a long-tenured local government executive, Mr. Wilson has extensive experience in all aspects of governance including organizational development, succession planning, municipal finance, community development, and general management. His experience includes serving in multiple leadership roles in various organizations including the League of California Cities and has been active on various advisory boards throughout his career.
Mr. Wilson holds a Bachelor of Science degree in Urban Planning from Cal Poly Pomona, and a Master's degree in Public Administration from California State University, Northridge.
Mr. Wilson may be reached at (916) 630-4900 or directly on his cell at (714) 421-3258 or via email at [email protected].
Ms. Heather Renschler
Ms. Renschler has been with Ralph Andersen & Associates for more than 38 years and is the firm's President/CEO. Ms. Renschler has overseen the recruitment practice of Ralph Andersen & Associates for the last 26 years and, as a result, is often involved with recruitments on a national scale and those of a highly sensitive and critical nature. She is experienced at working with boards, city councils, staff members, and selection committees in the recruitment and selection process.
Ms. Renschler has extensive experience in conducting public sector recruitments and, as a result, has developed a network of contacts and potential candidates on a national basis. Ms. Renschler has had significant involvement in city manager related searches over an extended period of time, and as a result, has an extensive network from which to attract potential candidates.
Prior to joining Ralph Andersen & Associates, Ms. Renschler had extensive private sector experience in the areas of construction management, health care, and public accounting. Ms.
Renschler attended the University of Toledo and majored in Accounting and Journalism and obtained a Bachelor's degree in Public Administration from the University of San Francisco.
Ms. Renschler may be reached at (916) 630-4900 or directly on her cell at (916) 804-2885 or via email at [email protected].
City of Carpinteria
Paraprofessional and Support Staff
Paraprofessional, graphics, and support staff will provide administrative support to the consultant team on recruitment assignments. These may include Ms. Diana Haussmann, Ms. Christen Sanchez, Ms. Hannah Jones, Ms. Karen AllGood, Ms. Tina Keller, and Ms. Teresa Heple.
As noted above, the successful search process relies heavily on person-to-person contact to identify outstanding potential candidates who may not be actively looking for new opportunities.
Ralph Andersen & Associates recognizes that often times the best candidates are not actively seeking new opportunities but through our personal contact we are able to convince those types of candidates to apply.
Please provide an estimated fee for conducting this recruitment, as well as a timeline for when you could commence the process. Please include an outline of the hourly rate for the individuals involved in the process and an estimate of the tasks and hours required to complete this recruitment.
The recruitment effort for a new City Manager for the City of Carpinteria will be a national search process with a focus on California and the Western Region. The review of resumes and qualifications will be conducted on all candidates that submit giving the City the ability to select from a broad field of qualified candidates. The professional services fee to perform this search will be a fixed fee of $29,500* for recruitment services and all related expenses. *Note - Expenses included in this fixed fee include such items as advertising, consultant interaction (anticipated to be done primarily through videoconferencing except for finalist interviews), clerical, graphic design, research, and long-distance telephone charges. On top candidates, Internet and Lexis/Nexis searches will be conducted. Additionally, education verifications, DMV check, wants and warrants, civil and criminal litigation search, and credit check will be conducted on the top two candidates. Reference checks will be conducted on the top candidate. Should the City desire to conduct reference calls on more than one candidate, a background fee of $1,800 per candidate will be billed in addition to the above stated fees.
City of Carpinteria
Invoicing for Services - Ralph Andersen & Associates will bill the City in four installments as follows:
• Following kick-off and finalization ofrecruitment brochure - $8,850 • After the closing date - $8,850
• After finalist interviews - $8,850
• Upon placement- $2,950
Progress payments will be due upon receipt.
Brochure - A full color electronic brochure will be developed for the City Manager recruitment.
All pictures will be the responsibility of the City. The City will also be responsible for ensuring that there are no copyright restrictions on the photographs supplied to Ralph Andersen & Associates and that the City will agree to pay any and all related charges or fines if a copyright violation is incurred either during the search itself or subsequently.
Optional Service (Community Survey) - Should the City choose to conduct a Community Survey with summarized results, this would be conducted for an additional $3,500.
Exception -Any candidate travel is the full responsibility of the City.
Standard Hourly Billing Rates
Ralph Andersen & Associates' standard hourly billing rates are as follows:
Project Director
Senior Consultant
Consultant
Graphics Designer
Researcher
Support Services
$225/hr.
$175/hr.
$125/hr.
$75/hr.
$60/hr.
$50/hr.
Hours by Task
As requested, the estimated hours to complete each task are provided below.
Task Fred Wilson Support Staff
Task 1 - Review Project Management Approach 16 8
Task 2 - Develop Position Profile and Recruitment Brochure 8 16 Task 3 - Outreach and Recruiting 80 24
Task 4 - Candidate Evaluation 24 8
Task 5 - Search Report 8 4
Task 6 - Selection 16 4
Task 7 - Negotiation 8 0
Task 8 - Close Out 8 8
Total Hours 168 72
City of Carpinteria
Page8
Guarantee
Ralph Andersen & Associates offers the industry-standard guarantee on our full search services.
If within a one-year period after appointment, the City Manager resigns or is dismissed for cause, we will conduct another search free of all charges for professional services. The City of Carpinteria would be expected to pay for the reimbursement of all incurred expenses.
If a placement is not made in the first outreach effort, the Consultant will conduct a second outreach effort with no charge for Professional Services. The City would be expected to pay for all incurred expenses.
Schedule
We anticipate approximately a 90 - 120-day time frame for this entire recruitment process.
Importantly, there is the ability to begin this process effectively with the use of video technology and file sharing methods that support a very strategic approach under Mr. Wilson's direction, although most if not all meetings will be done in person, if possible.
A sample timeline is provided below.
Task Estimated Week
of Completion
Task I - Review Project Management Approach Week One
Task 2 - Develop Position Profile and Recruitment Week One - Week Two Brochure
Task 3 - Outreach and Recruiting Week Two- Seven
Ongoing Throughout Process
Task 4 - Candidate Evaluation (typically more focused during Week Six and Week Seven)
Task 5 - Search Report Week Eight- Week Nine
Task 6 - Selection Week Nine - Week Ten
Task 7 - Negotiation Week Ten - Week Eleven
Task 8 - Close Out Week Twelve
♦ ♦ ♦
We look forward to our favorable selection on this important assignment and the ability to represent the City of Carpinteria.
Respectfully Submitted,
~
Ralph Ande
~
rsen & Associates
v~
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 10, 2023
ITEM FOR COUNCIL CONSIDERATION
A consultant services agreement between the City of Carpinteria and The Housing Trust Fund of Santa Barbara County, (HTF) for a three-year term in an amount not to exceed $80,000, for implementation and compliance monitoring of the Workforce Homebuyer Down Payment Loan Program.
STAFF RECOMMENDATION
Authorize the City Manager to execute a three-year Agreement for Consultant Services with The Housing Trust Fund of Santa Barbara County to implement and monitor compliance of the Workforce Homebuyer Down Payment Loan Program for a not to exceed amount of $80,000.
Sample Motion: I move to authorize the City Manager to execute a three-year Agreement for Consultant Services with The Housing Trust Fund of Santa Barbara County to implement and monitor compliance of the Workforce Homebuyer Down Payment Loan Program for a not to exceed amount of $80,000.
This action requires a roll call vote.
BACKGROUND
The City established the Workforce Homebuyer Down Payment Loan Program (Program) in 2011-2012 to provide deferred re-payment of down payment loans to assist eight to ten low to above- moderate income families in purchasing a home in Carpinteria. In the program, workforce homebuyers are those households defined as earning between 80 - 200% of the Area Median Income. Down payment loans have averaged approximately $75,000 per loan and have a 30- year repayment term; the maximum loan amount is $100,000.
The City first entered into an Agreement with HTF in 2012 to implement the Program and monitor compliance with loan terms. To date, 12 local families have purchased homes in Carpinteria through the Program. Two of those families have Housing Trust Fund of Santa Barbara County Consultant Services Agreement July 10, 2023
sold their homes and repaid the loans with interest; the proceeds which go back into the Program account to fund future loans. There are currently 10 active loans.
The original 2012 Agreement was extended until expiring in September 2021. The City and HTF have continued to operate under the Agreement since that time.
The Program has been funded by the following:
• A $571,000 payment made as a part of a Development Agreement between the City and 4646 CARPAV, LLC, in 2011
• A $260,000 payment made as a part of a Development Agreement between the City and Carpinteria Business Park Investors, LLC, related to the Lagunitas development.
The purpose of this agenda matter is to allow for the Council to consider adopting a successor Agreement between the City and HTF for the ongoing operation of the City's Workforce Homebuyer Down Payment Loan Program.
DISCUSSION
The proposed Agreement would allow the City to continue working with the Housing Trust Fund to implement the Program over the next three years. Exhibit 1 of Attachment A to this Report is the statement of services to be provided.
The Agreement with HTF will facilitate loan making and the City's goal of promoting home ownership for those working in Carpinteria and the greater South Coast region, and help to ensure that loans are monitored and repaid.
POLICY CONSISTENCY
The City's Housing Element sets out goals and policies to assist in the development of affordable housing. The goals that the City has given priority to, and which meet the criteria set forth by the U.S. Department of Housing and Urban Development in the utilization of funds to be awarded, are listed below.
• Attain a housing supply that meets a variety of housing needs. • Attain a housing supply that meets the needs of low- and moderate-income households.
• Attain a housing supply that meets the needs of special population groups.
The Program helps the City implement goals and objectives identified in Category 2 of the 2023 - 2031 Housing Element. In particular, the Program can be found consistent with the City's interest in addressing the need for housing in the lower-moderate income category.
N:\Director\Consultant\Housing Trust Fund\2020 Contract\ HTF Contract Amendment SR 4.13.2020.docx Housing Trust Fund of Santa Barbara County Consultant Services Agreement July 10, 2023
FINANCIAL CONSIDERATIONS
$27,000 Increase to Adopted FY 2023-24 Budget (Housing Trust Fund). The Workforce Homebuyer Program would require approximately 211 hours per year at a rate of $100 per hour. Total estimated cost is $21,100 per year or $63,300 over the three-year term of this contract. As actual hours can vary depending on the number of loans provided, the not-to-exceed amount is $80,000 for the three-year term of this contract with an annual budgeted cost of $27,000.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed and approved the Consultant Services Agreement as to form.
OPTIONS
1. Authorize the City Manager to execute the Agreement between the City of Carpinteria and The Housing Trust Fund of Santa Barbara County, for ongoing implementation of the Workforce Homebuyer Down Payment Loan Program through July 10, 2026. (staff recommendation).
2. Authorize the City Manager to execute the Agreement with modifications.
3. Receive staff report and choose not to execute the Agreement, and direct staff to explore other options.
PRINCIPAL PARTIES EXPECTED AT MEETING
Jennifer McGovern, President and CEO, The Housing Trust Fund
ATTACHMENTS
Attachment A Agreement for Consultant Services
Staff contact: Steve Goggia, Community Development Director (805) 755-4414 / [email protected] ~
Reviewed by: Licette Maldonado, Admin Service Director ~ el I (805) 755-4448 / [email protected] ~
~-~- 1
Signa ure
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
N:\Director\Consultant\Housing Trust Fund\2020 Contract\ HTF Contract Amendment SR 4.13.2020.docx Attachment A
Agreement for Consultant Services
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is made and effective as of the 10
th of July, 2023 by and between the City of Carpinteria, a municipal corporation ("City"), and The Housing Trust Fund of Santa Barbara County ("Consultant") (collectively, the "Parties") at Carpinteria, California, with reference to the following facts:
A. City has determined that it is necessary and appropriate to engage a non-design professional to carry out the services described herein; and
B. Consultant has represented itself as being fully qualified and available to perform the consultant services required or necessary under this Agreement in a fully competent, professional and timely manner; and
C. City desires to contract with Consultant and Consultant is willing to perform the consultant services, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. SERVICES.
1.1 1.2
Basic Services. City hereby retains Consultant to perform the services described and set forth in the attached Exhibit 1 ("Basic Services"), which is incorporated by this reference as though set forth in full. Consultant hereby agrees to perform said services within the designated time frames and accepts this retention. Consultant shall complete the Basic Services according to a schedule of performance which is also set forth in Exhibit 1. The Parties agree and acknowledge that time is of the essence in performance of this Agreement.
Additional Services. In addition to the Basic Services, City may elect to have Consultant perform additional services that are beyond the current scope of the Basic Services, but within the expertise of Consultant ("Additional Services"). Such Additional Services shall be mutually agreed to in advance and specified in a writing, which shall also specify the basis for the Consultant's fee for such additional services. Basic Services and Additional Services are referenced collectively as "Services."
2. PERFORMANCE.
2.1 Standard of Performance. Consultant shall faithfully, competently and diligently perform the obligations and responsibilities required by this Agreement, applying best management practices and the same standards of care utilized by persons commonly engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall not engage the assistance of subcontractors for performance of the Services unless previously agreed to in writing by the City.
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2.2 Labor and Materials. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the Services. Consultant shall give its attention and supervision to the fulfillment of the provisions of this Agreement by its employees and subcontractors and shall be responsible for the timely performance of the Services required by this Agreement. Consultant is an independent contractor of City. Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the City, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. Consultant is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services.
2.3 Review of Service. Consultant shall furnish City with reasonable opportunities from time to time to ascertain whether the Services of Consultant are being performed in accordance with this Agreement. All work done and materials furnished shall be subject to final review and approval by City; Consultant is not providing final approval or review, which is solely City's function and role. City review and approval of such work and Services shall not, however, relieve Consultant of any of its obligations under this Agreement.
2.4 Contract Administration. The City Manager or his/her designee shall represent the City in all matters relating to the administration of this Agreement. The City Manager or his/her designee shall have the authority to act on the City's behalf to review and approve all products submitted by Consultant and may execute all necessary documents to authorize Consultant to perform Additional Services as provided for herein. The City Manager or his/her designee shall have the authority to render decisions within guidelines established by the City Council and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. The following individual(s) will serve as the primary contact(s) for Consultant in the administration of this Agreement:
Jennifer McGovern, President and CEO
The Housing Trust Fund of Santa Barbara County
2.5 Representations and Warranties. Consultant represents and warrants to City that: (i) its fulfillment of its obligations and, as applicable, performance the Services under this Agreement, will not violate any applicable or breach any contracts with third parties and (ii) it has the right, power and authority to fulfill its obligations, and, as applicable perform the Services, and enter into this Agreement; (iii) the Services contemplated hereunder will be performed by adequately trained, competent personnel, in a professional manner, with such personnel having the requisite skill and expertise necessary to perform and complete the Services in accordance with industry standards and in accordance with the terms and conditions of this Agreement; and (iv) the Services and all deliverables provided hereunder will conform to the specifications agreed-to by the parties. 25772064.1 2
3. TERM. This Agreement shall be effective as of the date first above written and shall continue until July 10, 2026, unless terminated earlier as provided for herein.
4. COMPENSATION.
4.1 4.2
4.3 4.4
Basic Services. For Basic Services, City shall pay Consultant on a time and materials basis, not to exceed amount of $80,000 as full compensation for all labor, materials, equipment, tools, transportation, and Services for this three-year contract. This compensation shall be paid in accordance with the payment rates and schedule as set forth in Exhibit 1, attached hereto and incorporated herein by this reference as though set forth in full, based on the actual time spent on the tasks and the actual price of the necessary materials. In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control.
Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Basic Services, unless such services are authorized Additional Services agreed to in advance and in writing in the method provided for herein. Consultant will submit fee estimates for such Additional Services upon request of City.
Invoices. Should City reasonably determine that Consultant has not fulfilled any services or met the timelines established in Exhibit 1, City shall notify Consultant of the failure in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product or performance of Services. The City, at its discretion may provide the Consultant five (5) days to cure the breach. City may withhold the accompanying payment without penalty until such time as Consultant cures the breach. In the alternative, upon Consultant's failure to meet any deadlines the City may modify the Services schedule.
Should Consultant or its representatives fail to cure the breach within five (5) days, or fail to reasonably agree to such modified schedule, City may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Consultant.
Withholding. City reserves the right to withhold future payment to Consultant if any aspect of the Consultant's work or performance of Services is found to be substantially inadequate. City shall notify Consultant in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product or performance of Services.
4.5 Taxes/Insurance/Licenses. Consultant shall be solely responsible for the payment of any federal, state, or local income tax, social security tax, workers' compensation insurance, state disability insurance, and any other taxes or insurance which Consultant is responsible for paying as an independent contractor under federal, state or local law. At all times during the term of this Agreement, Consultant and any approved subcontractors performing Services under this Agreement shall have in full force and effect all licenses necessary for the performance of Services hereunder, including without limitation, business licensing from City, all at the sole cost of Consultant.
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5. RECORDS.
5.1 Financial Records. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall also maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
5.2 Access to Records. Consultant shall (i) provide free access to the representatives of City or its designees at reasonable times to books and records as set forth in section 5 .1; (ii) shall give City the right to examine and audit said books and records; (iii) shall permit City to make transcripts therefrom as necessary; and (iv) shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of four (4) years after receipt of final payment.
5.3 Original Records. All original agreements, data, documents, designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys, notes, and other work, materials or documents prepared or used to prepare Consultant's work product in the course of providing the Services pursuant to this Agreement shall be referred to as "Consultant Work Product". Upon completion of, or in the event of termination or suspension of this Agreement, all completed and incomplete Consultant Work Product shall become the sole property of City once the Consultant has received payment. City may duplicate, disclose, disseminate, use, reuse or otherwise dispose of Consultant Work Product in whole or in part in any manner it deems appropriate, without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at Consultant's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
Consultant may retain copies of such Consultant Work Product as a part of its record of professional activity, except for Consultant Work Product marked as "DRAFT" or "CONFIDENTIAL".
6. TERMINATION.
6.1 6.2
Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten (10) days prior written notice by the terminating party to the other party.
In the event of a termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.
Termination With Cause. Either party may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure of the breaching party to correct within five (5) days of receiving such notice, based upon the occurrence of any of the following events:
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■ Material breach of this Agreement;
■ Cessation of Consultant to be licensed, as required by applicable law; ■ Failure to substantially comply with any applicable federal, state or local law or regulation;
■ Filing by or against Consultant of any petition under any law for the relief of debtors; and,
■ Filing of a criminal complaint against Consultant for any crime, other than minor traffic offenses.
6.3 Performance Upon Termination. In the event this Agreement is terminated pursuant to this Section, City shall pay Consultant for the outstanding balance owed for work performed up to the time of termination. Upon termination of the Agreement, Consultant shall submit an invoice to City as provided for herein and shall submit to the City all of its files for any billable or non-billable matters in which the Consultant is involved under the scope of this Agreement.
6.4 Termination Upon Mutual Consent. This agreement may also be terminated by mutual consent of the parties and in accordance with the terms and conditions of any plan of termination established by the parties. In the event of a termination by mutual consent, the date of termination shall be such date as is agreed upon by the parties. The parties may agree to suspend or terminate a portion of this Agreement and such suspension or termination shall not make void or invalidate the remainder of this Agreement.
7. DISPUTE RESOLUTION. If any dispute, claim or disagreement shall arise relative to the interpretation or enforcement of this Agreement, the parties shall use commercially reasonable efforts to settle the dispute, claim or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of thirty (30) days, then, upon notice by either party to the other, the dispute, claim or disagreement shall be submitted to final, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator shall have the authority to assess arbitration costs and expenses against either or both parties. The decision in the arbitration shall be binding on all parties, and judgment on any arbitration award may be entered in any court of competent jurisdiction.
8. INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in the attached Exhibit 2, which is incorporated by this reference as though set forth in full.
9. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any of its officials, directors, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs, charges, payments, claims, and expenses, including attorney's fees and costs of defense, which arise out of, are a consequence of, or are in any way attributable to, in whole or in part, this Agreement, including but not limited to any activities associated with carrying out the agreed to Services by Consultant, its agents, employees, subcontractors, consultants, assigns or by any individual or entity for whom Consultant is legally liable.
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10. RELEASE OF INFORMATION.
10.1 Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released except to the City, directly or indirectly, by Consultant without City's prior written authorization. Consultant, its officers, employees, subcontractors or sub-consultants shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement unless requested by the City Attorney or authorized in writing by the City Manager. Response to a subpoena or court order shall not be considered "voluntary" provided that Consultant shall give City prompt written notice of any such court order or subpoena. The provisions of this Paragraph shall survive the termination of this Agreement.
10.2 Notice and Cooperation. Consultant shall promptly notify the City Manager and City Attorney in writing if Consultant, its officers, employees, agents, subcontractors or subconsultants are served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or party related to this Agreement and/or Consultant's related Services. City has no obligation to, but may exercise discretion to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide the City an opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not grant or imply a right of City to control, direct, dictate or rewrite said response.
11. RELATIONSHIP TO CITY.
11.1 Independent Contractor. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
11.2 No Employee Privileges. No City employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages or other compensation to Consultant for performing Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing Services hereunder.
11.3 Consultant Duty to City. Consultant understands and agrees that its responsibility to provide complete and accurate Services is owed solely to City and that its accountability under this contract shall likewise be solely to City and not to any City applicants or any other third person or entity.
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11.4 Interest of Consultant. Consultant represents and warrants to City that it presently has no interests, and covenants that it shall not acquire any interests, direct or indirect, financial or otherwise, which would conflict with the performance of the services to be provided by Consultant under this Agreement. Consultant further covenants that, in the performance of this Agreement, no subcontractor or employee having such an interest shall be employed by Consultant. Consultant certifies that no one who has or will have any financial interest under this Agreement is: (a) an officer or employee of City, or (b). an officer or employee of the applicant and any ofits consultants. Consultant agrees to comply with any applicable conflict of interest code.
11.5 Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Consultant or any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.
11.6 Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Consultant and will not confer any rights upon any person not expressly a party to this Agreement.
12. GENERAL PROVISIONS.
12.1 Assignment of Rights. Contractor agrees to assign City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act arising from purchases of goods, services, or materials pursuant to this Agreement.
12.2 Further Assurances. City and Consultant each agree to cooperate with one another, to use their best efforts, to act in good faith, and to promptly perform such acts and execute such documents or instruments as are reasonably necessary and proper to consummate the transactions contemplated by this Agreement.
12.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if personally served or on the second day after mailing if mailed by first-class mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows:
To City:
Dave Durflinger, City Manager
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013-2698
P: (805) 755-4400
[email protected]
To Consultant:
Jennifer McGovern, President and CEO
The Housing Trust Fund of Santa Barbara County
P. 0. Box 60909
Santa Barbara, CA 93160-0909
(805) 685-1949
[email protected]
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Any party may change their address for the purpose of this paragraph by giving the other party written notice of the new address in the above manner.
12.4 Legal Responsibilities. Consultant shall keep itself informed of state, federal and laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Service pursuant to this Agreement. The Consultant shall reasonably observe and comply with such laws and regulations. The City and its officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
12.5 Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses, certifications, or related credentials required by law for the performance of Services described in this Agreement. Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation.
12.6 Labor Conditions. City is a public entity in the state of California, and therefore, City and Consultant are subject to the provisions of the Government Code and the Labor Code of the state of California. All provisions of law applicable to public contracts and/or this Agreement are incorporated herein by this reference and are made a part of this Agreement to the same extent as if they were fully stated in the Agreement and shall be complied with by Consultant.
12.7 Labor Requirements. Consultant shall abide by all federal and California laws and regulations regarding wages, including, without limitation, the Fair Labor Standards Act and the California Labor Code, which, in part, mandate that 8 hours' labor constitutes a legal days' work, and require Consultant to pay the general prevailing wage rates. The California statutory provisions for penalties for failure to pay prevailing wages will be enforced and the statutory provisions for penalties for failure to comply with California's wage and hour laws will be enforced. In addition, Consultant is required to comply with the statutory requirements relating to employment of apprentices. Consultant also must secure the payment of workers' compensation to its employees as provided by California law. Consultant acknowledges its obligation to secure payment of Workers' Compensation before beginning work as set forth in the attached Exhibit 3 (together, "Acknowledgement of Workers' Compensation Obligation" and "Declaration of Exemption from Workers' Compensation") which is incorporated by this reference as though set forth in full.
Additionally, Consultant is required to comply with all statutory requirements relating to certified payroll records, including the maintenance of the records, their certification, and their availability for inspection.
12.8 Discrimination. No person shall be excluded from employment in the performance of this Agreement on the grounds of race, creed, color, sex, age, marital status, sexual orientation or place of national origin. Consultant shall comply with all local, state, and federal laws relating to equal employment opportunity rights.
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12.9 Assignment. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City, which shall have the sole discretion to consent to any proposed assignment. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.
12.10 Waiver. No waiver of a provision of this Agreement shall constitute a waiver of any other provision, whether or not similar. No waiver shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
12.11 Force Maieure. Neither Consultant nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.
12.12 Construction of Terms. All parts of this Agreement shall in all cases be construed according to their plain meaning and shall not be construed in favor or against either of the parties. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, in whole or in part, the remainder of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. In the event of any provision shall be adjudged invalid, void or unenforceable, the parties hereto agree to enter into a supplemental agreement to effectuate the intent of the parties and the purposes of this Agreement.
12.13 Controlling Law. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement, with venue proper only in the County of Santa Barbara, State of California.
12.14 Authorization. All officers and individuals executing this and other documents on behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated.
12.15 Entire Agreement. This Agreement, along with its attached exhibits, which are incorporated herein by this reference, constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement may be altered, amended or modified only by a supplemental writing executed by the parties to this Agreement and by no other means.
Each party waives any future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver or estoppel.
12.16 Counterparts. This Agreement may be executed in counterparts, each of which shall remain in full force and effect as to each party.
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12.17 Severability. In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first written above.
"CITY"
City of Carpinteria
II CONSULT ANT"
The Housing Trust Fund of Santa Barbara County
By: _
David Durflinger, City Manager
By: _
Jennifer McGovern, President and CEO
APPROVED AS TO FORM:
City of Carpinteria
By: _
Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
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EXHIBIT 1
BASIC SERVICES
Housing Trust Fund Workforce Homebuyer Down Payment Program Three-year Contract: July 10, 2023 - July 10, 2026
Work Task Hourly Estimates Per Year
I. Pre-Loan Work Tasks
A. Updating of Program Documents:
• Update City of Carpinteria Workforce Homebuyer Program Guidelines, Homebuyer Orientation Packet, loan fliers, Borrower Application and Disclosure Statement to meet the City of Carpinteria requirements and needs as well as changes in borrower maximum income levels based on annual changes in the HUD published Area Median Income for Santa Barbara County.
2.5 days x 8 hours per day= 20 hours
• Spanish language translation costs - 6 hours
• Review and make any needed revisions to the loan documents, including the Deed of Trust, Shared Appreciation Requirements and Promissory Note, based on City requirements-8 hours
Total Updating of Program Documents= 34 hours
B. Program PR and Homebuyer Outreach:
• Periodic outreach to participating lenders, realtors, community groups - 6 hours • Periodic Press Releases, news articles, radio announcements, email alerts and mailings, if needed - 6 hours
• Respond to email and phone call inquiries about the program from potential borrowers-12 hours
Total Program PR and homebuyer outreach = 24 hours
C. First Mortgage Lenders Program Pre-Approval and Training:
• Outreach and meetings with lenders, if needed, to solicit participation in the program - 6 hours
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• Preparation of documents for submittal to lenders for pre-approval of the City of Carpinteria secondary loan program1- 6 hours
• Coordination in developing initial and updated partnership agreements with participating first mortgage lenders - 6 hours
• Periodic training sessions, as needed, with first mortgage lender loan officers and underwriting staff to review the program underwriting processes and lender's packet - 8 hours
Total First Mortgage Lender Program Pre-Approval= 26 hours D. Loan Processing
2 :
• Receive and review individual homebuyer applications and follow-up for missing information-estimated 3 loans @ 2 hours = 6 hours
• Coordinate with First Mortgage lenders, realtors, Title and Escrow officers to underwrite and close and record each individual homebuyer loan. Estimated 10 hours per loan x 3 loans = 30 hours
• Prepare boarding sheet with key borrower information for the City's loan portfolio records-estimated 3 loans x 2 hours= 6 hours
• Prepare hard copy and electronic files for the new loan-potential 3 loans x 5 hours = 15 hours
Total Loan Processing = 57 hours
II. Post-Loan Work Tasks
E. Annual Borrower Compliance and Loan Portfolio Review: The Housing Trust Fund of Santa Barbara County (HTF) will assist the City of Carpinteria in the performance of compliance monitoring of the City's Workforce Homebuyer Program loan portfolio to ensure that the homes are owner occupied and that property insurance is maintained and to identify and bring to the attention of the City any potential breaches of the loan agreements. Specific work tasks will include:
1. Mailing out of an annual compliance letter and certificate form to the homeowners requesting that they submit information by a reasonable deadline to confirm that they comply with the requirements of the loan agreement.
2. Follow-up correspondence and phone calls to borrowers who do not submit the compliance certificate by the requested deadline.
3. Review of borrower compliance certificates to ascertain if there are any potential violations of the loan agreement.
1 HTF provides copies of the City of Carpinteria's program guidelines, loan documents, borrower application and other documentation so that the underwriting departments of the first mortgage lenders can pre-approve the City's down payment loan program.
2 Hours based on a potential three (3) new loans. The hours will vary if there are less or more loans to be processed during the contract period.
25772064.1 12
4. Referral to City staff for handling of any situations that might constitute a breach of the loan documents.
5. Annual review of the master borrower files held by the City for the Workforce Homebuyer Program to ensure that the files contain all necessary loan documents, that annual compliance forms and insurance certificates are current.
6. Preparation of a brief summary report on the results of the annual compliance reporting and portfolio loan review to the City of Carpinteria.
F. Homebuyer Loan Repayments and Refinancing: The Housing Trust Fund of Santa Barbara County (HTF) will assist the City of Carpinteria in processing homeowner loan repayments and homeowner home refinancing that meets the requirements of Sections 10 and 11 of Exhibit B Shared Appreciation Requirements of the Deed of Trust, including: review of Notices of Intent for sales or refinancing; review of eligibility of the new first mortgage lender and the affordability of the refinancing to the homeowner; assistance in preparation of demand letters; coordination with escrow and closing of the sale of the home or loan refinancing; preparation of reconveyances that will be signed and submitted to escrow by the City of Carpinteria.
Estimated Annual Hours:
Preparation and mailing of annual compliance letters 12 Follow up correspondence and phone calls to borrower 6
Technical review of borrower compliance certificates 6
Referral to City staff for handling of any noncompliance issues 6 Annual review of master borrower files 20
Preparation of summary report on annual compliance and loan portfolio review 10
Assistance to City in processing any Demand Notices and reconveyance for homebuyer loans that are repaid or
refinanced (10 hours each}3 1Q
Total Estimated Post Loan Work Hours 70
Total Estimated Annual Hours to Implement Workforce Homebuyer Program= 211 Estimated Annual Cost: 211 hours@ $100/hr = $21,100
Total estimated cost for 3 years= $63,300
Not to exceed per this contract: = $80,000
3 Estimate based on one repaid or refinanced loan annually. The estimated amount will be higher if there are multiple homebuyer loans either repaid or refinanced during the year. 25772064.1 13
EXHIBIT2
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
When applicable, Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. 25772064.1 14
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M Bests rating of A- or better and a minimum financial size VII General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Consultant also agrees to require all contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate( s) are to reflect that the insurer will provide 3 0 (thirty) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" ( as opposed to being required) to comply with the requirements of the certificate.
25772064.1 15
9. It is acknowledged by the parties ofthis agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 25772064.1 16
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. The City's failure to comply with reporting requirements should not affect coverage required under the Agreement.
23. The consultant's insurance is primary to that of any insurance claimed by the City.
Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
25772064.1 17
EXHIBIT3
WORKERS' COMPENSATION REQUIREMENTS
The Consultant is required to sign and file either a statement acknowledging its obligation to secure payment of Workers' Compensation before beginning work, or a declaration confirming that as a sole proprietor consultant is exempt.from Workers' Compensation Requirements.
ACKNOWLEDGEMENT OF WORKERS' COMPENSATION OBLIGATION
I, Jennifer McGovern, hereby acknowledge my obligation to secure payment of Workers' Compensation before beginning work.
Consultant
By: _
Jennifer McGovern, President and CEO
The Housing Trust Fund of Santa Barbara County
Dated: -----------
25772064.1 18
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 10, 2023
ITEM FOR COUNCIL CONSIDERATION
Resolution No. 6256 establishing Skate Park Operating Hours when the Carpinteria Skate Park is open to the public.
STAFF RECOMMENDATION
Adopt Resolution No. 6256 establishing Skate Park Operating Hours when the Carpinteria Skate Park is open to the public.
MOTION: I move to adopt Resolution No. 6256 establishing Skate Park Operating Hours when the Carpinteria Skate Park is open to the public.
This motion requires a roll call vote.
BACKGROUND
On March 13, 2023, the Carpinteria City Council adopted Ordinance No. 763, establishing Skate Park Rules and Regulations as a part of Carpinteria Municipal Code (CMC) Chapter 12.24, including that Skate Park hours shall be established by City Council Resolution, CMC
12.24.101 (C)(20).
DISCUSSION
The City Council has the authority to define the open hours of the skate park. The City Council may revisit this matter and make revisions as deemed necessary. For example, if there are concerns about safety or overcrowding, the City Council may decide to adjust the park's hours of operation to address these issues. This allows for flexibility and ensures that the park is being managed in a way that best serves the needs of the community.
Establishing specific hours when the skate park is open to the public is important for several reasons. One of the main reasons is safety. By having published hours, the park can be better maintained and inspected to ensure that it is safe for use. This can help prevent accidents and injuries.
Resolution No. 6256 Setting Skate Park Hours of Operation July 10, 2022
Page #2
If people enter the skate park when it is closed, the City can use several tactics to address the issue. The City will work to use community outreach and education efforts to inform the public about the importance of respecting the park's hours of operation.
Another approach could be to increase security measures, such as installing cameras or hiring security personnel to monitor the park after hours. Another approach could be to request Sheriff assistance when it is closed.
Also, the City may elect to program or restrict the facility at times during open hours.
This could include setting sometimes aside for youth groups, adults, or special events.
Having published programming can help manage the flow of people using the park, preventing overcrowding and ensuring that everyone has a chance to enjoy the facilities. If programming for the park is pursued, City administrative staff will define and propose programming for the City Manager's approval.
POLICY CONSIDERATIONS
Skate parks can provide numerous benefits to a community. They offer a safe and designated place for individuals to practice their skills. This can help promote a healthy and active lifestyle among community members. Additionally, skate parks can serve as a gathering place for people of all ages to socialize and build relationships. This can foster a sense of community and belonging. Furthermore, skate parks can attract visitors to the area, boosting the local economy and increasing tourism.
The City's General Plan supports new park and recreation projects.
Open Space, Recreation & Conservation Element
Objective OSC-14. Provide for adequate park and recreation facilities to meet the needs of the community and visitors.
Implementation Measure 61. Support development of new or expanded park and recreation facilities as demand/need dictates. When latent demand for parks and recreation facilities is identified, adequate parkland and facilities shall be identified and pursued.
FINANCIAL CONSIDERATIONS
No financial implications are expected with the proposed action.
LEGAL
No legal issues are presented as a part of this report.
G/users/MatUParksrec/skateparks/
Resolution No. 6256 Setting Skate Park Hours of Operation July 10, 2022
Page #3
OPTIONS
1 . Adopt Resolution 6256
2. Direct staff to consider other hours to be open to the public.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
1. Resolution No. 6256
Staff contact:
Matthew Roberts
Parks, Recreation and Public Facilities Director
(805) 755-4449
[email protected]
Reviewed by: Dave Durflinger, City Manager
G/users/MatUParksrec/skateparks/
Resolution No. 6256 Setting Skate Park Hours of Operation July 10, 2022
Page #4
Attachment 1
RESOLUTION NO. 6256
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA ESTABLISHING
SKATE PARK OPERA TING HOURS WHEN THE CARPINTERIA SKA TE PARK IS OPEN TO THE PUBLIC.
WHEREAS, the City of Carpinteria ("City") is opening a publicly operated Skate Park at 5781 Carpinteria Avenue, Carpinteria, California.
WHEREAS, On March 13, 2023, the Carpinteria City Council adopted Ordinance No. 763, establishing Skate Park Rules and Regulations as a part of Carpinteria Municipal Code (CMC) Chapter 12.24, including that Skate Park hours shall be established by City Council Resolution, CMC 12.24.101 (C)(20).
WHEREAS, the Skate Park is equipped with lights designed to illuminate the skateable areas allowing the park to be used after sunset when the lights illuminated.
WHEREAS, once established, signs posted at the Skate Park will advise the public of the operating hours and that entry is prohibited during all other times, except when authorized by the City, e.g., for a special event.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct, and incorporated herein by reference SECTION 2. The Operating Hours of the Skate Park shall be 30 minutes before sunrise until 30 minutes after sunset every day of each week. Operating Hours may be extended by the City Manager until 1 0PM when posted at the Park by the City in writing and then only when the Skate Park lights are illuminated.
SECTION 3. The City Manager is authorized to temporarily adjust Operating Hours of the Skate Park when deemed necessary, including but not limited to the safe and efficient operation of the Skate Park and to accommodate City initiated programming.
PASSED, APPROVED AND ADOPTED on the 10
th day of July, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBER(S):
COUNCILMEMBER(S)
COUNCILMEMBER(S):
COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
G/users/MatUParksrec/skateparks/
Resolution No. 6256 Setting Skate Park Hours of Operation July 10, 2022
Page #5
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on July 10, 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
G/users/Matt/Parksrec/skateparks/
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 10, 2023
ITEM FOR COUNCIL CONSIDERATION
Harbor Seal Advisory Committee Recommendations and related actions.
STAFF RECOMMENDATION
Receive and file the Carpinteria Harbor Seal Rookery Report and direct staff to take related action(s), as it determines appropriate.
Sample Motion: I move to receive and file the Carpinteria Harbor Seal Rookery Report and direct staff to take and/or initiate actions as described: (insert recommended actions here, including those items that should be included in the 2024 Work Plan).
BACKGROUND
Harbor seals are known to haul out along the Carpinteria coastline at several locations, most commonly at the Seal Sanctuary, located just east of the Casitas Pier, a wellknown rookery where harbor seals haul out and give birth during pupping season.
Viewing harbor seals is popular and counts by volunteers estimate the number of annual visitors to the bluff top viewing area in the tens of thousands. The harbor seal haul-out areas, including the Seal Sanctuary, are located near the mid-point of the approximate three-mile length of coastline that is within City limits, and between the heavily used City and State Park beaches to the west and the more remote coastline to the east before reaching Rincon County Park.
The City carries out programs and services aimed at protecting the health and habitat of harbor seals while maintaining public access to the beach. The City's efforts include a closure during pupping season of the section of beach and tidelands adjacent to the Seal Sanctuary, code and law enforcement response to calls for service, coordination and permitting of maintenance and development activity in proximity to the Seal Sanctuary that, in part, aims to minimize harbor seal disturbance, and the posting, repair and maintenance of beach signs and other public education efforts, such as disseminating information, via news and social media outlets. These City efforts are intended to complement federal law that regulates human behavior/activities near marine mammals.
Harbor Seal Advisory Committee
July 10, 2(:)23
The beach closure by the City is intended to protect the harbor seals from disturbance and harm during pupping season, protect the long-term viability of the colony location as harbor seal habitat, and to protect public health and safety. The temporary nature of the public access restriction to this section of City beach reflects the recognition under state law of the importance of balancing sometimes competing priorities in the Coastal Zone, including habitat protection and public access
At its regular meeting of July 12, 2021, the City Council directed staff to consider options for the formation of a Committee to study the decline in numbers of harbor seals, issues, and opportunities for protecting harbor seal habitat in the City of Carpinteria ("City"), and recommendations for City actions.
The purpose of this agenda item is for the Council to receive and file the Harbor Seal Advisory Committee recommendations and make determinations as to what work will be initiated and when.
DISCUSSION
The Harbor Seal Advisory Committee was established as an ad hoc, Browne Act Council subcommittee on August 9th, 2022 with the following Statement of Purpose:
The Harbor Seal Advisory Committee is formed for the purpose of developing an understanding of the local harbor sea/ population, including causes of recent trends in births and haul-out numbers, and recommending to the City Council specific actions that it finds should be taken to mitigate habitat degradation and incidents of harassment in the City.
The Harbor Seal Advisory Committee (HSAC) consists of seven members, two Council members and five members of the public, as listed below:
• Mayor Al Clark
• Councilmember Natalia Alarcon (formerly Councilmember Roy Lee) • Dr. Andrew Brooks
• David Allen
• Kathleen Lord
• Dr. Susan Mailheau
• Toni Stuart
The appointed councilmembers established a selection process for potential candidates in October 2021, and appointments were approved at the January 24, 2022 City Council meeting. The HSAC met a total of eleven times between February 2022 and April 2023 to draft recommendations for increased protections of the local harbor seal population for the Council. Recommendations cover a range of education enhancements, increased enforcement, and legislative actions. The recommendations are included in G:\CC Staff Reports\2023 0710
Harbor Seal Advisory Committee
July 10, 2023
the Carpinteria Harbor Seal Rookery Report (Attachment A) in detail, and are outlined below.
Legislative Recommendations
1. Update the Carpinteria Municipal Code to be more protective of the harbor seals and/or reflect the provisions of the Marine Mammal Protection Act.
2. Extend the timing or length of the existing beach closure by as little as one month and up to year-round to offer further protections to the haul-out area.
3. Seek greater Resource Agency regulatory protection for the rookery and nearshore area, including placing limits on recreational activities such as paddle boarding and kayaking.
4. Establish a Marine Protected Area (MPA): A marine protected area (MPA) is a section of the ocean where a government has placed limits on human activity.
Limitations would apply to certain types of recreation, scientific study, and industrial activities.
These recommendations would enact changes to the usage of the beach and immediate offshore areas of the Harbor Seal Rookery, making those changes legally enforceable. Any changes to existing access would require approval from the Coastal Commission. Staff recommends any legislative actions that are selected for further work be incorporated into the 2024 Work Plan, as legislative actions would require a greater level of commitment from staff and should be prioritized through the annual Work Plan.
Educational & Regulatory Recommendations
1. Adopt a Unified Sign Program: This recommendation includes updating the annual signs that are posted along the beach, as well as developing a comprehensive sign program along the Coastal Vista Trail, including the following types of signs:
• Wayfinding: Signs that direct people to the Harbor Seal Rookery Overlook; • Advisory: Provides Guidance on how NOT to disturb marine mammals; • Regulatory: Local, State, Federal Regulations (Marine Mammal Protection Act, Beach Closure); and,
• Interpretive: Informational panels with detailed education similar to those that are installed throughout the parks system at locations such as the Carpinteria Salt Marsh Park and along the Palm to Linden portion of the Carpinteria Coastal Vista Trail.
Updates to existing signs could be accomplished in the near term, while a formal sign program, including permitting and Architectural Review Board Review, would take longer. This item is considered a lower level of difficulty and could be accomplished in the 2023-2024 Fiscal Year (FY)
G:\CC Staff Reports\2023 0710
Harbor Seal Advisory Committee
July la, 2023
2. Create an Education Outreach Program: This recommendation includes updating existing outreach materials, as well as creating a webpage for the Harbor Seal Rookery, which could include videos for visitors, information about Marine Mammal Protection Act, as well as a donation link to fund ongoing activities related to the Harbor Seal Rookery.
Updating existing material could be accomplished in the 2023-2024 FY; creating a more formal education outreach program, if selected, should be incorporated into the 2024 Work Plan.
3. Institute a Training Program: This recommendation could be a collaborative effort with Seal Watch, the volunteer group that currently conducts Harbor Seal counts and provides information to visitor, as well as the Carpinteria State Beach Park Rangers, enforcement staff, and others who might have oversight/interaction with Rookery.
Elements of this item, if selected, should be mcluded in the 2024 Work Plan.
4. Purchase and Install a Wildlife Viewing Camera: Installing a wildlife camera for remote viewing of the Harbor Seal Rookery has multiple educational benefits, including increasing awareness about the Rookery, and could be paid for with a donation link directly on the webpage the camera is accessed. The popularity of wildlife viewing cameras like that for viewing nesting bald eagles in the Channel Islands National Park attest to the popularity of wildlife viewing cameras. This recommendation also could provide some research benefits.
This item, if selected, should be included in the 2024 Work Plan.
5. Public Land Acquisition: Pursuing an easement or public ownership of the blufftop above the Harbor Seal Rookery would allow incorporation of site into the City's public trail system, increase public safety and the ability to conduct routine trail maintenance, and could provide a possible location for web-based wildlife viewing camera.
This item, if selected, should be included in the 2024 Work Plan.
6. Explore Collaborative Opportunities with Other Local Entities: This could include partnerships with the California State Parks, Carpinteria Unified School District, and Channel Islands Marine and Wildlife Institute. By partnering with other local agencies, the City could explore opportunities such as optimizing the Harbor Seal Rookery information at Carpinteria State Beach Park interpretive center and greater distribution of educational materials for visitors to reduce disturbances.
Elements of this item, if selected, should be included in the 2024 Work Plan.
G:\CC Staff Reports\2023 0710
Harbor Seal Advisory Committee
July 10, 2023
7. Consider Formalizing the City's Involvement in Seal Watch:
This recommendation includes two separate items.
a. Volunteer Coordination: The City takes active role in recruiting volunteers, but Seal Watch remains an independent organization, or;
b. The City leads and facilitates Seal Watch. Seal Watch becomes a program of the City of Carpinteria, with authority falling under a selected City Department.
For both items, the appropriate department and staff would need to be identified. It is likely that this would also require a reprioritization of workload for the selected department and staff.
Elements of this item, if selected, should be included in the 2024 Work Plan.
8. Pursue Possible Research Partnerships: Explore possible research opportunities in partnership with a UC, CSU, community colleges, and others to promote and fund Carpinteria rookery research.
This item would require other agencies to act as the lead and is considered collaborative in nature. Council could direct staff to inquire if there is interest to partner on research opportunites.
The above recommendations require varying degrees or effort and financial commitment. Certain items, such as revision of the existing sign program, require a lower level of effort and could be accomplished quickly. Adoption of a unified sign program would require obtaining the correct permits from the Community Development Department and approval from the Architectural Review Board, which could be accomplished in the near term (six to eight months). Other recommendations will require reprioritizing workloads of existing staff and would be best suited for inclusion in the 2024 Work Plan if selected. Others, such as some of the legislative recommendations, are considered multi-year projects. Any of the recommendations selected would require additional staff and budget resources.
The Harbor Seal Advisory Committee was approved with a set term limit of twelve months. To allow time to complete the recommendations and bring them to Council, that term was extended on September 28, 2022 to June 30
1h, 2023, or when the final report
was brought before Council, whichever came first. Council could, at their discretion, extend the term of the Committee or designate another type of oversight committee to further develop the work done to date.
Staff recommends that Council receive and file the Carpinteria Harbor Seal Rookery report, and direct staff further for implementation of specific recommendations. Any recommendations selected could be brought before Council with further analysis and budget options at a future date, or included in the Annual Work Plan.
G:\CC Staff Reports\2023 0710
Harbor Seal Advisory Committee
July 10, 2023
POLICY CONSISTENCY
The proposed recommendations are consistent with Carpinteria General Plan Objective OSC-5. Protect the Harbor Seal Hauling Ground from human disturbance.
FINANCIAL CONSIDERATIONS
Any recommendations selected would require further financial analysis for both staff time and any additional budgetary needs.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed the Carpinteria Harbor Seal Rookery Report and has no exceptions.
OPTIONS
·1. Receive and file the Carpinteria Harbor Seal Rookery report, and direct statt turther for selected recommendations.
2. Do not receive and file the Carpinteria Harbor Seal Rookery report.
PRINCIPAL PARTIES EXPECTED AT MEETING
Members of the Harbor Seal Advisory Committee.
ATTACHMENTS
Attachment A:
Attachment B:
Carpinteria Harbor Seal Rookery Report
Harbor Seal Advisory Committee Comments
Staff contact: Erin Maker, Environmental Program Man3/\e~ :/\ (805) 880-3415, [email protected]
-
er-\
---,,
~
---------
Signature
Reviewed by: Matt Roberts, Parks and Facilities Dire~ ;i!;i] .t:!J T (805) 755-4449 [email protected] .... 'tt . ·)J&L _ ,/2,~ Sign , ure
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\CC Staff Reports\2023 0710
ATTACHMENT A
Carpinteria Harbor Seal Rookery Report
This Page Intentionally Left Blank
Carpinteria Harbor Seal
Rookery Report
JULY, 2023
Prepared under the direction of the
Ad Hoc Harbor Seal Advisory Committee
CITY OF CARPINTERIA
Carpinteria Harbor Seal Report
Table of Contents
INTRODUCTION
Carpinteria Seal Watch Program
Recommendations
Legislative Recommendations
Update Carpinteria Municipal Code
Extend Beach Closure Period
Seek Greater Resource Agency Regulatory Protection
Consider Forming a Marine Protected Area (MPA)
Educational & Regulatory Recommendations
City Signage Program
Revise Annual Sign Program
Adopt Unified Sign Program for Coastal Trail
Expand the Interpretive Sign Program
Human Resources and Public Outreach
Update Existing Outreach Programs and Materials
Develop Docent Program and Provide Support to Seal Watch Raise Funds for Research and Docent Support
Establish a Park Ranger Position
Install A Wildlife Camera
Pursue Public Ownership of the Bluff Top above the Seal Rookery Seek Other Collaborative Partners
National Atmospheric and Oceanographic Administration
California State Parks
Channel Islands Marine and Wildlife Institute
Carpinteria School District
Pursue Partnerships in Research
Kelp Beds
Kelp Hold fasts
Debris Basins
Results of a Successful Program
3 5
6 6
6 8
9 9
11 11
12 14
15 1
15 16
16 17
18 19
20 20
20 21
21 22
22 23
23 25
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Carpinteria Harbor Seal Report
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Carpinteria Harbor Seal Report
Introduction
The Carpinteria shore is a picturesque coastal gem known for its natural beauty and relaxed atmosphere, Carpinteria Beach offers visitors and residents a delightful escape along the southern California coast. Stretching for miles, this sandy shoreline is framed by scenic bluffs and boasts stunning views of the Channel Island National Marine Sanctuary and the Pacific Ocean. The beach provides ample opportunities for leisurely walks, sunbathing, picnicking, and enjoying various water activities such as swimming, surfing, and fishing. Carpinteria Beach is also home to diverse wildlife, including shorebirds, seals, and dolphins, making it a haven for nature enthusiasts. The nearby Carpinteria Salt Marsh Reserve adds to the area's ecological significance, providing a habitat for numerous bird species and serving as a valuable ecosystem. The nearby Carpinteria Reef adds to the complex and environmentally rich setting. With its inviting atmosphere, natural wonders, and family-friendly amenities, Carpinteria Beach offers a serene coastal retreat and a place where visitors can connect with nature. However, the coast's popularity can conflict with the fragile nature of critical habitat for native plants and animals.
The Carpinteria Harbor Seai rookery is renowned for its large population of harbor seals who rely on the protected shoreline to rest, give birth to their young and to warm in the sun. This is an attractive destination for nature enthusiasts and wildlife photographers who appreciate the opportunity to observe these fascinating creatures in their natural habitat. Visitors are often captivated by the sight of adorable seal pups, which are born on the beach and spend their early days in the rookery. The Carpinteria Harbor Seal rookery serves as an important educational resource, offering opportunities for people to learn about the natural history and behaviors of harbor seals. Due to the popularity of coastal access in this area, establishing management tactics to keep the rookery and all coastal habitats vital is necessary to ensure the well-being of the seals. The purpose of this report is to look at various management tactics to protect the harbor seals from disturbances while allowing visitors to enjoy observing them while maintaining a safe distance from the animals.
Human activities can have both positive and negative impacts on Pacific harbor seal populations. On the positive side, conservation efforts and increased awareness have led to the protection and restoration of coastal habitats, creating safer environments for harbor seals to thrive. Measures such as the Marine Mammal Protection Act and habitat conservation plans have helped reduce direct harm to these animals. Additionally, educational initiatives and responsible wildlife viewing practices have fostered greater understanding and respect for harbor seals, reducing disturbance and promoting coexistence.
However, human activities also pose significant threats to Pacific harbor seals. Coastal development, pollution, and habitat degradation can disrupt their foraging grounds and haul-out sites, leading to habitat loss and fragmentation.
Noise pollution from marine traffic and construction can disturb seals, causing stress and interrupting their natural behavior. Fishing practices, such as bycatch and competition for prey, can impact their food availability and nutritional health.
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3 Carpinteria Harbor Seal Report
Furthermore, human-wildlife interactions, such as disturbance from ocean water sports or close approaches by humans and dogs, can cause stress and potentially separate mothers and pups, impacting the reproductive success of the population. Pacific harbor seal pups are highly vulnerable to human disturbance, and it is crucial for us to be aware of the impact our actions can have on these young marine mammals.
Pacific harbor seal pups are born on rocky shorelines or sandy beaches along the Pacific coast, these pups are usually covered in soft, fluffy white or light-colored fur, which helps them blend into their surroundings and provides insulation in the cool waters. They are born with large, dark eyes and a sweet expression that endears them to both humans and other harbor seals. Pups rely entirely on their mothers for nourishment and protection during the first four to six weeks of their lives. They nurse on their mother's milk, which helps them grow rapidly and develop the necessary strength and blubber layer to survive in the cold ocean waters. During this critical period, the bond between the mother and pup is strong, with the mother providing constant care and guidance. Pacific harbor seal pups also spend significant time resting and basking on land, building up their strength before they venture into the water. These curious and playful pups are a joy to observe, and their presence serves as a reminder of the delicate balance of life in the coastal ecosystems they call home.
When seal pups are disturbed by humans, it can disrupt their natural behaviors and cause unnecessary stress and harm. Approaching too closely or making loud noises can startle the pups and cause
them to become separated from
their mothers, leading to
abandonment and potential
mortality. Additionally, direct
interactions or attempts to touch
or handle the pups can transmit
diseases or disrupt their natural
behaviors, ultimately impacting
their survival. It is essential to
maintain a respectful distance and
observe harbor seal pups from
afar, using binoculars or cameras
to enjoy their presence without
causing harm. By respecting their
space and ensuring minimal
disturbance, we can help protect and preserve these vulnerable animals and contribute to their overall well-being in their coastal habitats.
Keeping dogs out of the Pacific harbor seal rookery is of utmost importance for the wellbeing and conservation of these marine mammals. The rookery, where harbor seals give birth and raise their pups, is a critical area for their survival. Dogs, even when leashed or well-behaved, can cause significant stress and disturbance to the seals. The mere presence and scent of dogs can create anxiety and disrupt the natural behavior of July 12, 2023
4 Carpinteria Harbor Seal Report
the seals, potentially leading to the separation of mothers and pups or the abandonment of pups altogether. Additionally, direct interactions between dogs and seals can be dangerous for both species. Dogs may chase, harass, or even harm the seals, while seals may perceive dogs as threats and act defensively. Furthermore, dogs can inadvertently introduce pathogens or diseases to the seal population, which can have devastating consequences for their health. Therefore, it is essential to respect and abide by regulations and signage that designate seal rookeries as off-limits to dogs, ensuring the safety, well-being, and conservation of the Pacific harbor seals.
Carpinteria Seal Watch Program
Seal Watch docents hold immense value in enriching the visitor experience and fostering a deeper appreciation for parks and natural areas. These dedicated volunteers serve as knowledgeable guides and interpreters, offering valuable insights into the history, ecology, and cultural significance of harbor seals . Seal Watch docents undergo training, enabling them to share their expertise with visitors. Their passion for the environment and commitment to conservation inspire and educate visitors of all ages, instilling a sense of stewardship and environmental awareness. Additionally, docents serve as valuable resources, offering guidance on rules, safety precautions, and responsible outdoor practices. Their presence enhances visitor satisfaction, encourages repeat visits, and promotes a sense of community involvement. Ultimately, docents play a vital role in preserving and protecting our natural and cultural heritage, ensuring that future generations can continue to enjoy and learn from these special places. s
Pacific harbor seals and beach visitorship present a delicate balance that requires thoughtful consideration and respect for these marine mammals and their habitats.
While beaches provide opportunities for people to enjoy the coastal environment, it is crucial to be mindful of the presence of harbor seals and the potential impact of human activities on their well-being. Seal haul-outs, where these seals rest and nurse their young, are critical areas for their survival and should be given a wide berth to minimize disturbance. Visitors should maintain a respectful distance, avoid making loud noises, and refrain from approaching seals or attempting to touch them. By being conscientious of these guidelines, beach visitors can coexist harmoniously with Pacific harbor seals, allowing them to carry out their natural behaviors undisturbed. Promoting education and awareness about the importance of maintaining a safe and peaceful environment for these marine mammals can ensure a positive and sustainable interaction between beachgoers and harbor seals, preserving the integrity of coastal ecosystems for future generations to enjoy.
The harbor seal committee was formed to investigate this fragile dynamic and meet XX times.
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Carpinteria Harbor Seal Report
Recommendations
The Harbor Seal committee recommends the City Council pursue the following recommendations.
Legislative Actions
Update the Carpinteria Municipal Code to be more protective of the harbor seals and / or reflect the provisions of the Marine Mammal Protection Act Carpinteria City can amend its municipal code to recognize the Marine Mammal Protection Act (MMPA). A Carpinteria City Ordinance could be adopted that makes a violation of the MMPA a violation of the City's Municipal Code. Municipalities have the authority to enact local ordinances and regulations to protect marine mammals within their jurisdiction, in addition to the federal protections provided by the MMPA. These local regulations may not be less restrictive than Federal or State laws, but could possibly be more restrictive.
The Marine Mammal Protection Act
(MMPA) was enacted in October
1972 in partial response to growing
concerns among scientists and the
general public that certain species
and populations of marine mammals
were in danger of extinction or
depletion as a result of human
activities. The MMPA prohibits the
"take" of marine mammals in U.S.
waters and by U.S. citizens. This
protection applies not only to harbor
seals, but also to northern elephant
seals, California and Steller sea
lions, whales, porpoises, sea otters
and other marine mammals.
Federal agencies such as the National Marine Fisheries Service (NMFS) and the U.S.
Fish and Wildlife Service (USFWS) are primarily responsible for implementing and enforcing the act's provisions. The United States Coast Guard (USCG) may also enforce the MMPA. Their responsibilities include patrolling and monitoring coastal and offshore areas to detect and deter activities that may harm marine wildlife, such as illegal fishing, pollution, vessel strikes, or unlawful harassment. The USCG also conducts search and rescue operations for distressed marine animals and coordinates responses to environmental emergencies, such as oil spills or marine debris. 6 Fines for violations of the Marine Mammal Protection Act (MMPA) can vary depending on the nature and severity of the offense. The MMPA grants federal agencies the authority to assess penalties and enforce compliance. The fines can range from civil July 12, 2023
Carpinteria Harbor Seal Report
penalties to criminal charges, depending on the circumstances. Civil penalties can amount to thousands of dollars per violation, with higher fines for intentional or repeat offenses. Criminal charges can lead to more substantial penalties, including fines and potential imprisonment. Additionally, violators may also face restitution or other legal actions aimed at remedying the harm caused to marine mammals or their habitats. It's important to note that the specific fines and penalties for MMPA violations are determined by the courts and can vary based on factors such as the species affected, the level of harm caused, and the intent behind the violation.
Carpinteria could establish a municipal code that aligns with the goals and provisions of the MMPA to provide additional safeguards for marine mammals in the local coastal areas. Such a code could include provisions related to the protection of marine mammal habitats, restrictions on activities that may disturb or harm marine mammals, and guidelines for responsible wildlife viewing practices.
The City's municipal code could outline specific regulations for activities such as boating, fishing, coastal development, and beach access to ensure that they are conducted in a manner that minimizes potential impacts on marine mammals and their habitats. It could also address issues such as noise pollution, vessel speed limits, and the use of certain equipment or practices that may harm or disrupt marine mammal populations.
According to Gov. Code§ 53069.4(a)(1 ), a city is authorized to levy administrative fines for code violations. The Carpinteria City Council may, by ordinance, make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The administrative procedures to prosecute violations shall govern the imposition, enforcement, collection, and administrative review by the City of those administrative fines or penalties.
By implementing a municipal code tied to the MMPA, Carpinteria would demonstrate its commitment to marine mammal conservation and the sustainable use of its coastal resources. It would provide a local framework for protecting and preserving the diverse marine life that inhabits the area, contributing to the overall health of the marine ecosystem and ensuring the long-term viability of marine mammal populations.
Additionally, a municipal code tied to the MMPA would raise awareness among residents, visitors, and local businesses about the importance of marine mammal protection. It would serve as a reminder of the shared responsibility to safeguard these vulnerable species and encourage a culture of environmental stewardship within the community.
Enforcement of local ordinances is more likely by the Sheriff and City enforcement personnel. The Santa Barbara County Sheriffs Office plays a role in enforcing fish and wildlife regulations within the county. While their primary responsibilities revolve around maintaining public safety and upholding the law, they also collaborate with state and federal agencies to enforce fish and wildlife regulations. Santa Barbara County encompasses diverse habitats, including coastal areas, mountains, and inland waterways, which are home to various fish and wildlife species. The Sheriffs Office July 12, 2023
7 Carpinteria Harbor Seal Report
works closely with the California Department of Fish and Wildlife (CDFW) and the U.S.
Fish and Wildlife Service (USFWS) to enforce regulations related to hunting, fishing, and the protection of endangered or threatened species. They conduct patrols, investigations, and inspections to ensure compliance with these regulations and take appropriate action against violators. By actively enforcing fish and wildlife regulations, the Santa Barbara County Sheriffs Office contributes to the conservation of natural resources, preservation of ecosystems, and the sustainable management of fish and wildlife populations within the county's jurisdiction.
Extend the timing or length of the beach closure by as little as one month and up to year-round in the immediately area of the seal rookery.
Protecting the moms and pups for a longer season when most vulnerable during harbor seal pupping season may
provide some benefits.
Currently the pupping season
is thought to be December 15
through May 15. The City
closes the beach by law from
December 1 to May 31 each
year. Extending this closure
period, or pursuing a yearround closure could help to
reduce the number of
disturbances. This new and
extended closure could also
include further restricting offshore access to no entry for 300 feet including kayaking and surfing. Currently motorized vessels are prohibited to come within 300 feet of the closed area and personal watercraft are prohibit with 1,000'.
Expanding the closure to non-motorized vessels and surfing may result in a reduced number of seal disturbances. See CMC 12.24.090.
Consideration of extending beach closure laws would also need to consider ramifications of the public's coastal access and seek approval from the California Coastal Commission. The California Coastal Commission holds significant authority when it comes to managing and protecting the state's coastal resources, including the power to close a beach when necessary. As an independent state agency, the Coastal Commission is responsible for enforcing the Coastal Act, which safeguards coastal areas from overdevelopment and ensures public access to the coast. In certain situations, the Commission may allow the closure of a beach to protect public safety, preserve sensitive habitats, or respond to environmental emergencies. The Coastal Commission and the City can work together to maintain the balance between public access and conservation. In order to pursue this task, a consultation with the Coastal Commission staff would be needed to determine if the proposal is a project under July 12, 2023
8 Carpinteria Harbor Seal Report
CEQA and how the City could proceed. Additional research would need to be conducted to support the proposal.
Seek greater Resource Agency regulatory protection for the rookery and nearshore area
Strengthening the laws and enforcement of regulations that protect the Carpinteria Harbor Seal Rookery is crucial for ensuring the long-term survival of this important habitat. By updating and strengthening existing laws and regulations, it may be possible to provide greater protection for the harbor seals and other wildlife that call the rookery home. This could include measures such as increasing penalties for violations, expanding the size of the protected areas, and implementing new.regulations to address emerging threats.
In addition to strengthening laws and regulations, it is also important to ensure that these measures are effectively enforced. This could involve increasing funding for enforcement efforts, hiring additional personnel, and providing training and resources to support enforcement activities. By increasing the capacity for enforcement, it may be possible Lu more effectively deter violations and ensure that those who do violate the law are held accountable.
It is also important to recognize that laws and regulations alone are not enough to protect the Carpinteria Harbor Seal Rookery. In order to achieve long-term success, it is necessary to engage with the community and build support for conservation efforts. This could involve outreach and education efforts to inform the public about the importance of protecting the rookery and its inhabitants.
Establish a Marine Protected Area
Establishing a marine protected area (MPA) offers a range of benefits that contribute to the conservation and sustainable management of marine ecosystems. Firstly, MPAs serve as sanctuaries for marine species, providing a safe haven for various plants, animals, and habitats. By limiting or prohibiting activities such as fishing, habitat destruction, and pollution, MPAs help preserve biodiversity, protect critical habitats, and safeguard vulnerable or endangered species. This, in turn, promotes the overall health and resilience of marine ecosystems.
MPAs also support the recovery and replenishment of fish and other marine populations. By implementing sustainable fishing practices within and around MPAs, the protected area acts as a refuge where marine life can reproduce, grow, and thrive without excessive human interference. As fish populations increase and expand, they can spill over into adjacent areas outside the MPA, benefiting both commercial and recreational fishing efforts.
In addition to conserving biodiversity, MPAs contribute to the scientific understanding of marine ecosystems. These protected areas serve as living laboratories where researchers can study marine life, monitor ecological processes, and assess the impacts of human activities. The data and insights gained from MPA research can inform evidence-based management strategies, support policy decisions, and contribute to the broader understanding of global marine conservation challenges. 9 Carpinteria Harbor Seal Report
Furthermore, MPAs offer recreational and educational opportunities for visitors.
Whether through diving, snorkeling, or wildlife observation, people can experience and appreciate the wonders of marine ecosystems firsthand. This engagement fosters a sense of connection to the marine environment and raises awareness about the need for its protection. MPAs can also promote sustainable tourism, generating economic benefits for local communities by attracting visitors, creating jobs, and supporting local businesses.
Overall, the establishment of a marine protected area provides a multitude of benefits, including biodiversity conservation, fishery management, scientific research, and educational and economic opportunities. By preserving and sustainably managing marine ecosystems, MPAs contribute to the long-term health and well-being of both the environment and human communities that depend on healthy oceans.
The establishment of a marine protected area (MPA) involves a deliberate and collaborative process that typically includes several key steps. The specific process may vary depending on the country or jurisdiction, but the overall objective remains the same: to create a designated area where marine resources and ecosystems receive enhanced protection. Here is a general outline of how an MPA is established:
1. Planning and Assessment: The process begins with a thorough assessment of the marine environment, including ecological surveys, biodiversity studies, and identification of key habitats and species. Comprehensive scientific assessments are conducted to gather data on biodiversity, habitats, ecological processes, and socioeconomic factors. These assessments help inform the development of a management plan that outlines the MPA's boundaries, zoning, regulations, and management strategies. The plan is designed to achieve the stated conservation objectives while considering the needs of stakeholders. This information helps identify areas of ecological significance that warrant protection.
2. Stakeholder Engagement: Stakeholders, including government agencies, local communities, indigenous groups, fishermen, scientists, and NGOs, are engaged in discussions and consultations. Their input, knowledge, and perspectives are crucial for establishing effective and inclusive MPA management plans.
3. Designation and Legal Framework: Based on scientific data and stakeholder input, the MPA is officially designated through legislation or regulations. The legal framework outlines the boundaries, objectives, and management measures for the MPA, ensuring its long-term protection and sustainability. It provides the necessary legal authority for its management and enforcement. This involves drafting legislation or regulations specific to the MPA, clearly defining its boundaries, management objectives, and permitted activities.
4. Management Planning: A comprehensive management plan is developed, detailing the specific goals, objectives, and regulations for the MPA. It considers factors such as zoning, activities allowed or restricted, monitoring protocols, and enforcement strategies. The plan is often developed in consultation with stakeholders and undergoes public review.
5. Implementation and Enforcement: Once the management plan is finalized, implementation of the MPA begins. This involves establishing mechanisms for enforcement, monitoring, and compliance to ensure adherence to the regulations July 12, 2023
10 Carpinteria Harbor Seal Report
and management objectives. Adequate resources, staff, and funding are allocated to support effective management.
6. Monitoring and Evaluation: Regular monitoring and evaluation are critical to assess the effectiveness of the MPA in achieving its goals. This involves tracking ecological indicators, measuring compliance with regulations, and collecting data on the impacts of the MPA on marine biodiversity and ecosystem health.
7. Adaptive Management: MPAs are dynamic and adaptive, responding to changing environmental conditions and emerging knowledge. Regular reviews and updates of the management plan allow for adjustments based on new information, scientific advancements, and stakeholder feedback.
Overall, the establishment of a marine protected area requires funding, careful planning, collaboration, and an evidence-based approach. By engaging stakeholders, integrating scientific knowledge, and implementing robust management strategies, MPAs can play a vital role in safeguarding marine ecosystems and promoting the long-term sustainability of our oceans.
Establishing an MPA requires funding, careful planning, collaboration, and a commitment to balancing conservation goals with socioeconomic considerations. The process aims to protect and preserve marine biodiversity, habitats, and ecological processes while engaging stakeholders and promoting sustainable use of marine resources.
Educational & Regulatory Recommendations
City Sign Program
Revise the Annual Sign Program for Rookery Protection
The Carpinteria Municipal Code provides for a seasonal closure of the beach in the vicinity of the seal rookery beginning on December 1 and reopening on June 1 each year. The City installs signs on the east and west boundary of the closed beach in order to advise the public in order to improve compliance with the closure. The signs are subject to winter conditions and sometimes are damaged or lost due to high surf and strong storm events. Because the beach is not closed year round, the winter ( '
11 111\ DO NOT DISTURB
~ HARBOR SEALS
Do Not Violate the Marine
Mammal Protection Act
\._
SEAL ROOKERY AHEAD
PROTECTED BY THE
MARINE MAMMAL PROTECTION ACT
CMC 12.24.090
DO NOT ENTER. GO BACK!
Jlll.,~;i.,.'11~ i'RVl't\U',(.!I 1,11
CITY or CARPINTERIA
ka~•"- • H _.,.U.11• • o, l<l<.'1 ""'" .,,-N,, •. ,h,l'{l., .. I \.',, fl'•.,~••w,,.,..,,,w,1.,......,.,,,._, ..•.••. ~ The two signs on the left are used December 1 to May 31. The sign on the right is used June 1 to November 30.
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Carpinteria Harbor Seal Report
season Beach Closed signs must be either removed or replaced with a sign that does not have the "Beach Closed" message.
Because the Marine Mammal Protection Act is not seasonal, it is recommended that a sign for the summer season be installed in place of the Beach Closed signs from June 1 st to November 30th each year.
The WARNING sign shown above can be installed during the time of year when the beach is not closed helping to gain greater appreciation of the Marine Mammal Protection Act and reduce disturbances to seals on the beach in that time of year. Also, by changing the signs out seasonally, the signs can be kept in better physical condition.
Adopt and implement a unified signage system for the Coastal Vista Trail with wayfinding, advisory and regulatory signage.
Trail wayfinding signage is a practical and easy way to communicate with trail users.
Wayfinding signs can help trail users stay safely on track and find their way. Proper signage can improve the user experience by providing information that educates trail visitors about the area, provides guidelines for use, promotes conservation, and creates a more interactive experience . The wayfinding signs can also help guide people to the seal rookery overlook, away from a route that could disturb the seals and provide them with advance information about preventing seal disturbances.
Proper signage along a trail helps maintain user safety, can reduce user conflict, and help keep users informed about local rules while they travel the trail. Additionally, using consistent signage can be a way to promote Carpinteria. Installing signage and surface markings along a trail can improve the safety of trail users. From wayfinding signage that help the public navigate trails, to informational signs that educate trail visitors about the area, promote conservation, and create a more interactive experience, proper signage has many benefits.
A trail wayfinding sign system holds significant value in enhancing the overall experience and safety of trail users. These systems play a crucial role in guiding hikers, cyclists, and outdoor enthusiasts along the trail, ensuring they stay on the designated 12 July 12, 2023
T'IPICAL DIRECTION SIGN
CA RPINTERIA COAST AL VISTA TR AIL
11,r Io· llf/"
13 path and reach their desired destinations with ease. Wayfinding signs provide clear and concise information about trail distances, trailheads, points of interest, and important safety guidelines. By offering visual cues and directional information, these signs help prevent confusion, reduce the risk of getting lost, and promote a sense of security among trail users. A well-designed wayfinding sign system also contributes to the preservation of the natural environment by minimizing human impact caused by wandering off the trail. Moreover, these sign systems can enhance the accessibility and inclusivity of trails. Ultimately, a comprehensive and well-maintained trail wayfinding sign system enhances the enjoyment, safety, and accessibility of outdoor recreational activities, allowing people to fully appreciate and explore the natural wonders of trail networks.
Finally the signage program along the trail could have content that is changes seasonally to reflect the beach's seasonal closure.
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Carpinteria Harbor Seal Report
Expand the City's Interpretive Sign Program
Interpretive signs can provide information on seal biology, conservation, and the significance of preserving their habitat. This educational aspect raises awareness about the importance of protecting marine life and fosters a sense of stewardship among visitors. The goals of a marine environment interpretive sign program should be to educate and inform visitors about the natural and cultural history of the area. This can include information about the local ecosystem, the plants and animals that live there, and the ways in which humans have interacted with the environment over time. The signs should be designed to engage visitors and encourage them to learn more about the marine environment. Additionally, the sign program should aim to promote responsible behavior and stewardship, by providing information about how visitors can help protect. the marine environment and its inhabitants.
Carpinteria Coastal Vista Trail
HARBOR SEAL
flying thr.,ui;h tin: wo1r, ... ,lr~nilits rbc Pacifir ha,bnr ~t'al (l'h,1rn\·i1wlim1 1idKmlsi}. It is In the !>dcn1Hic order pinnlJ)('di,1,: su:mmingfrom the word pinna meaning \\-ingaud pedia meaning foot. These "wing fonrcd" mammals spend a m:1j.uity of1htir 1l111 c- w-.irching for food In 1hc 1lcc;111, CJpal,k of dl\i11gdlh~H lo" tkplh of }00 feet ;md !-luyinK:,ubmt·-i-~eli for lJ minutn. th'"y html fu1· fi~h, crabs. octopus. sq11id :111d shdllisb. Tlicy have smoolh heads wilh 110 external cars aud arc covered b}' tan and brnwu or t.ihcr and black dappled for. £huugl1 th1.1· spend m~t uf 1hcir thnc ;U sea to forage aud mate, harbor scab have hauled out on Ilic hc,1rhc,r; of C.arpinlcria for masly yea~. TI,ry come on land 10 ttSI, rcguluc 1hcirbody 1e1111H.'r;1111n-s,gh·e birth. molt. ,rnd hcl1•d~1lo11. llarbor !.C'nb mmc awkw:mll,- like big sluie- when on land.
,\l\\a)S b.t~·p u g.o~l1I di,;rnn<"c away rnim thes<- marine 111:11111n1ll,;. llum:w aml dog dbturbauces tu the "haul out area," can cause a rcducuon inM'al numbers. an incrrnsc seal pup deaths and lead to parents abandoutng their pnps. Harbors ,;eal-. uee proteered h)' rhe \l:uln4' \f:1111111 11I Pnucc1inn Ac1 or 1971 m:1king it unlawful lo approach, rf'cd, umch orJi,;Jurh 1hrm.
14 The City's interpretive sign system currently has approximately thirty signs. Twenty signs are located in the Carpinteria Salt Marsh Nature Park. Four signs are along the Palm to Linden Trail. Two signs, one at Ash Avenue and one along the trail near the Harbor Seal rookery use the design above. The remainder are in various parks. The possible subject matter along the Carpinteria Coastal Vista Trail is rich with cultural, environmental and historical potential. A well coordinated interpretive sign program would be cohesive and demonstrate Carpinteria's commitment to stewardship of local resources.
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Carpinteria Harbor Seal Report
Human resources and Public Outreach
Update existing outreach programs and materials.
Public outreach can play a crucial role in fostering appreciation for harbor seals and promoting compliance with rules and guidelines designed to prevent disturbances. By educating the public about the importance of harbor seals to the ecosystem and the threats they face, outreach efforts can help to increase awareness and understanding of these animals.
Outreach programming
and materials must
include information that
helps to understand the
jeopardy that harbor
seal pups face when
they have separation
from their mother.
Harbor seal mothers
and pups generally stay
close together on shore
and are not separated
while
nursing . However,
harbor seal mothers will
leave pups on shore to
feed offshore . If a
harbor seal pup is
separated from its mother, it may be at risk of injury, illness or death. It is important to observe seal pups from a distance and not approach them, as their mother may be offshore .
This can lead to greater support for conservation measures and a willingness to follow guidelines that protect harbor seals from harm. Additionally, outreach can provide opportunities for people to engage with and learn about harbor seals in a responsible and respectful manner, further increasing appreciation for these animals.
Outreach materials can be printed, digital and video. Public outreach platforms can increase public exposure by connecting with journalists, editors, bloggers or social media influencers and the public by partnering with them to promote the cause. Some examples of public outreach media are news outlets, podcasts, biogs, social media channels, newsletters and webinars. Public outreach tactics can be a valuable tool for a city to protect harbor seals. By educating the public about the importance of harbor seals and their role in the ecosystem, the city can raise awareness and encourage responsible behavior around these animals. This can include providing information about how to view seals without disturbing them, as well as promoting responsible tourism and wildlife watching practices. By engaging with the community and fostering a 15 July 12, 2023
Carpinteria Harbor Seal Report
sense of stewardship, the city can help ensure that harbor seals are protected for future generations to enjoy.
Develop a formal docent training program and provide support for Seal Watch The Seal Watch volunteers perform volunteer docent program services. Docents are trained volunteers who provide education and interpretation to visitors . Docent programs can vary from site to site and also be seasonal. By building a strong base of volunteer support among local residents and visitors, it may be possible to create a culture of stewardship that values and protects this unique natural resource.
A docent program can be an effective way to promote respect and appreciation for a harbor seal rookery and the City's open space network. By sharing their knowledge and passion for the natural environment, docents can help visitors understand the importance of protecting harbor seals and their habitat. This can lead to greater support for conservation efforts and a willingness to follow guidelines that protect these animals.
Additionally, a docent program can provide opportunities for people to engage with and learn about harbor seals in a responsible and respectful manner, further increasing appreciation for these animals.
The City can provide professional organizational and other support to a seal watch docent program in several ways. One way is by providing funding for the program, which can help cover the costs of training, materials, and other expenses. The City can also provide logistical support, such as helping to coordinate volunteer schedules and providing access to city facilities for training and events. Additionally, the City can help promote the docent program through its communication channels, such as its website and social media accounts. By working together with the docent program, the City can help ensure its success and support its efforts to educate and engage the public about the coastal environment.
The City could also work to find financial support for Seal Watch Volunteers Raising Funds for Research and Docent Support
The City of Carpinteria can explore various avenues to raise funds for the protection of its harbor seal rookery. Here are a few potential strategies:
1. Grants and Funding Programs: The city can actively seek grants from government agencies, nonprofit organizations, and foundations that support wildlife conservation and habitat protection. There are often specific grant programs available for coastal conservation initiatives, including those focused on marine mammal protection.
2. Partnerships and Sponsorships: The city can establish partnerships with local businesses, environmental organizations, and community groups interested in supporting the protection of the harbor seal rookery. These partnerships can involve financial contributions, in-kind donations, or fundraising events.
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16 Carpinteria Harbor Seal Report
Additionally, the city can seek corporate sponsorships from businesses that align with the goals of marine conservation.
3. Crowdfunding and Community Donations: The city can launch a crowdfunding campaign or create a dedicated donation platform to encourage community members, visitors, and supporters of marine conservation to contribute directly to the protection efforts. This approach allows individuals to make smaller donations that, when combined, can have a significant impact.
4. Fundraising Events: The city can organize fundraising events such as benefit concerts, charity auctions, or nature walks to raise funds and awareness for the harbor seal rookery. These events can engage the local community and attract visitors who are interested in supporting environmental causes.
5. Municipal Funding and Local Taxes: The city can consider allocating a portion of its budget specifically for the protection and conservation of the harbor seal rookery. Additionally, the city could explore the possibility of implementing local taxes or fees that directly contribute to conservation efforts.
6. Educational Programs and Tours: The city can develop educational programs, guided tours, or interpretive signage related to the harbor seal rookery. These initiatives can generate revenue through participant fees or donations while also raising awareness about the importance of protecting the rookery.
Establish a Park Ranger Position
Establishing a park ranger job for Carpinteria's natural open spaces and ocean beach would bring numerous benefits to the city. Firstly, having a dedicated park ranger would ensure the preservation and protection of these valuable natural resources. Park rangers are trained professionals who possess extensive knowledge about ecosystems, wildlife, and conservation practices. Their presence would help monitor and manage visitor activities, enforce regulations, and prevent illegal or harmful behaviors. Secondly, park rangers serve as valuable resources for visitors, providing information about the area's natural features, safety guidelines, and recreational opportunities. They can educate the public about the importance of environmental stewardship and promote sustainable practices. Thirdly, having a park ranger would enhance public safety in these natural areas. Their presence would ensure quick and effective assistance in case of accidents or emergencies. Lastly, a park ranger can facilitate community engagement and involvement through organizing guided tours, educational programs, and volunteer opportunities. This would foster a sense of ownership and pride among the residents of Carpinteria, as they actively participate in the care and conservation of their local natural spaces. Overall, establishing a park ranger job for Carpinteria's natural open spaces and ocean beach would contribute to the well-being of both the environment and the community, ensuring the sustainable enjoyment of these precious resources for present and future generations.
The City may be able to contract with California State Parks for Park Ranger Assistance
17 JUIY .J..L.I L.VL.J
Carpinteria Harbor Seal Report
California State Park Rangers play a vital role in habitat protection within the state's park system. As stewards of California's diverse natural resources, they are responsible for managing and conserving the habitats and ecosystems within their designated parks. State Park Rangers work diligently to enforce regulations and policies that safeguard sensitive habitats, ensuring the preservation of native flora and fauna. They actively monitor and prevent activities that may pose a threat to habitats, such as illegal hunting, fishing, or destructive behaviors. In addition, they collaborate with scientists, conservation organizations, and volunteers to implement habitat restoration projects, such as native plantings and invasive species removal. State Park Rangers also play a crucial role in educating visitors about the importance of habitat protection, promoting responsible behavior and minimizing human impacts on fragile ecosystems. Their commitment to habitat protection ensures the long-term viability and health of California's natural environments, fostering biodiversity and preserving these precious habitats for future generations to
enjoy and appreciate. Exploring a
for refined relationship with State
Park rangers may help to reduce
harbor seal disturbances.
Install a Wildlife Camera
Wildlife cameras can be incredibly
useful tools for scientific research.
By capturing images and videos of
animals in their natural habitats,
wildlife cameras can provide valuable data on animal behavior, population dynamics, and ecosystem interactions. This information can help scientists better understand the natural world and inform conservation efforts. Additionally, wildlife cameras can be used to monitor the impacts of human activities on wildlife populations and habitats. By providing a non-invasive means of observing animals in the wild, wildlife cameras can help scientists gather important data while minimizing disturbance to the animals being studied.
A wildlife camera program can also be seen in local and other schools, interpretive centers, and anywhere there is interest. Such a program could operate like the Carpinteria City Beach Cam and be available for research as well as enjoyment.
Having a wildlife camera and making it available online offers numerous benefits for both researchers and the general public. Firstly, wildlife cameras provide a unique opportunity to observe and document wildlife behavior without disturbing or intruding upon their natural habitats. By capturing images and videos of various species, these cameras offer valuable insights into their behaviors, breeding patterns, and interactions, aiding in scientific research and conservation efforts. Making the camera feed available online allows researchers to remotely monitor wildlife activity in real-time, leading to a better understanding of population dynamics and habitat usage. Furthermore, sharing July 12, 2023
18 Carpinteria Harbor Seal Report
the camera feed with the public offers an educational and immersive experience, allowing individuals to witness the beauty and diversity of wildlife firsthand. It promotes environmental awareness, fostering a sense of connection and appreciation for the natural world. Additionally, the online accessibility of wildlife cameras provides an opportunity for citizen science, allowing enthusiasts to contribute data and observations, further enriching scientific knowledge. Overall, wildlife cameras and their online availability serve as a powerful tool for research, education, and promoting conservation efforts while fostering a deeper connection between humans and the animal kingdom.
In order to implement a wildlife camera, the City will need to find a location that meets the program needs and obtain necessary permits. Camera operations require connectivity to the internet and ongoing maintenance such as that which is required for the Carpinteria City Beach Camera. The Camera website could also be an avenue to seek financial support.
Pursue public ownership of the trail and bluff top above the Harbor Seal Rookery.
The Carpinteria Coastal
Trail is a scenic and
picturesque pathway
that winds along the
stunning coastline of
Carpinteria, California.
Stretching for miles, this
well-maintained trail
offers users a
captivating experience
as they explore the
natural beauty of the
area. The trail
showcases breathtaking
ocean and mountain
views, sandy beaches,
and coastal bluffs, providing a perfect setting for leisurely walks, jogging, or cycling.
Along the way, visitors can spot an abundance of wildlife, including harbor seals, shorebirds, whales and dolphins, adding to the allure of the trail. The Carpinteria Coastal Vista Trail also serves as a connection to various points of interest, including the Carpinteria State Beach, Carpinteria Bluffs Nature Preserve, and the Rincon Point surfing spot. With its accessibility and serene ambiance, the Carpinteria Coastal Vista Trail invites locals and tourists to immerse themselves in the tranquility of the coastal environment and enjoy the splendor of Carpinteria's natural treasures.
While most of the trail route has public ownership, some of the trail is still in private hands. The City has been working to acquire and construct trail projects continuously for many years. The most recent projects include the Carpinteria Rincon Trail, the Bluffs II trail, and the Linden to Holly Trail. The bluff top observation point that affords the best view of the seal rookery is not owned by the public. It is possible to improve July 12, 2023
19 Carpinteria Harbor Seal Report
the overlook when in private ownership, but if owned by the City, the City could make provisions to optimize the overlook in terms of public safety, sustainability, interpretation with a design that minimizes seal disturbances.
The City could pursue public acquisition of real estate in fee or by trail easement to allow for further rookery protective actions. This could include screening, interpretive signs, a wildlife camera, etc.
Seek other Collaborative Partners
National Oceanic and Atmospheric Administration (NOAA)
NOAA manages the Channel Islands National Marine Sanctuary in partnership with various federal, state, and local agencies, as well as local communities and stakeholders. Their expert advice in marine resource management using collaborative tactics could be a great benefit to the Carpinteria coast.
The Channel Islands National Marine Sanctuary is a marine protected area located off the coast of Southern California, encompassing an expansive area of approximately 1,470 square miles.
The sanctuary is home to a remarkable marine ecosystem that includes kelp forests, seagrass beds, rocky reefs, and deep-sea canyons. These habitats provide crucial breeding, foraging, and nursery grounds for numerous marine species, including whales, dolphins, sea lions, harbor seals, seabirds, and an abundance of fish and invertebrates.
20 The Channel Islands National Marine Sanctuary is renowned for its extraordinary biodiversity. It is a sanctuary for rare and endangered species, such as the California sea otter, Guadalupe fur seal, and blue whale. The sanctuary also boasts a high level of endemic species, meaning they are found nowhere else in the world, highlighting its unique ecological significance.
One of the sanctuary's notable features is its stunning kelp forests. These underwater forests, dominated by giant kelp, create a complex and productive ecosystem. They provide food, shelter, and protection for a wide range of marine organisms, contributing to the overall health and resilience of the marine ecosystem.
In addition to its ecological importance, the Channel Islands National Marine Sanctuary offers exceptional recreational opportunities for visitors. It provides opportunities for diving, snorkeling, kayaking, boating, and wildlife watching, allowing people to experience the beauty and wonder of the marine environment firsthand.
California State Parks
Collaborating with the California State Parks could greatly benefit the Carpinteria Seal Rookery in terms of habitat protection. The California State Parks system is dedicated to preserving and protecting the natural and cultural resources of the state. By working together, the Carpinteria Seal Rookery and the California State Parks could develop July 12, 2023
Carpinteria Harbor Seal Report
and implement strategies to protect the habitat of the harbor seals and other wildlife that call the rookery home. This could include measures such as habitat restoration, monitoring, and enforcement of regulations to prevent disturbances. As many of the visitors to the rookery come from those who are staying the State Beach Campground, collaborating with State parks seems reasonable.
In terms of public education, a partnership with the California State Parks could also be beneficial. The California State Parks system has a strong focus on education and interpretation, providing opportunities for visitors to learn about the natural and cultural history of the state. By collaborating with the California State Parks, the Carpinteria Seal Rookery could develop educational programs and materials to inform visitors about the importance of protecting harbor seals and their habitat. This could include guided tours, interpretive displays, and educational events.
Finally, collaborating with the California State Parks could also help to promote compliance with the Marine Mammal Protection Act. The Marine Mammal Protection Act is a federal law that protects marine mammals, including harbor seals, from harm or harassment. By working together, the Carpinteria Seal Rookery and the California State Parks could develop strategies to ensure that visitors to the rookery are aware of and comply with the regulations set forth by this act. This could include measures such as increased signage, enforcement of regulations, and outreach efforts to educate visitors about responsible behavior around marine mammals.
Channel Islands Marine & Wildlife Institute
CIMWI, which stands for Channel Islands Marine & Wildlife Institute, operates a commendable Marine Mammal Rescue Program that focuses on the rehabilitation and release of sick, injured, and stranded marine mammals. Located in California, CIMWI is dedicated to the conservation and welfare of marine wildlife in the Channel Islands region. Through their rescue program, CIMWI responds to reports of distressed marine mammals, often collaborating with government agencies, local organizations, and volunteers to provide prompt and compassionate care. Their team of experienced veterinarians, animal care specialists, and volunteers work tirelessly to assess, stabilize, and treat marine mammals in need. CIMWl's facility provides a safe and nurturing environment for rehabilitation, offering specialized medical care, proper nutrition, and rehabilitation exercises tailored to each animal's needs. Once the animals have recovered and deemed fit for release, CIMWI ensures a successful reintroduction back into their natural habitat. The Marine Mammal Rescue Program by CIMWI is a testament to their commitment to the well-being of marine mammals, playing a crucial role in protecting and preserving these magnificent creatures for future generations. 21 Carpinteria School District
Carpinteria High School recognizes the significance of environmental science education and offers a comprehensive program to equip students with a deep understanding of the environment and its conservation. The school's environmental science curriculum focuses on key topics such as ecology, conservation, sustainable practices, and environmental issues. Through hands-on activities, field trips, and laboratory experiments, students gain practical experience and develop a strong foundation in July 12, 2023
Carpinteria Harbor Seal Report
scientific inquiry. Carpinteria High School also encourages students to engage in environmental projects and initiatives, both within the school and the wider community.
They may participate in environmental clubs, community clean-up efforts, or collaborate with local organizations to address pressing environmental concerns. By fostering a passion for environmental science, Carpinteria High School prepares students to become environmentally conscious individuals who can contribute to a more sustainable future.
Pursue Partnerships in Research
Seeking partnerships with qualified researchers and organizations can greatly benefit our understanding of the Harbor Seal Rookery. By collaborating with experts in the field, it may be possible to conduct research that provides new insights into the behavior, ecology, and conservation needs of harbor seals. This information can help inform management decisions and guide conservation efforts to protect the rookery and its inhabitants.
Seeking grant funds for Harbor Seal research in California can be an effective way to support the study and conservation of these animals. There are several organizations and agencies that offer grant programs for marine mammal research, including the National Oceanic and Atmospheric Administration (NOAA), the National Science Foundation (NSF), and the California Ocean Protection Council (OPC). These grants can provide funding for a wide range of research activities, including population surveys, habitat assessments, and studies of harbor seal behavior and ecology. By applying for and securing grant funding, researchers can obtain the resources they need to conduct important research on harbor seals in California.
Research by collaborating with these and other organizations, it may be possible to conduct research that advances our understanding of the Harbor Seal Rookery and its inhabitants. This could include studies on population dynamics, habitat use, and the impacts of human activities on harbor seals. This can build a stronger foundation of knowledge to support the conservation of this important natural resource.
Nearby environmental resources may be directly linked to harbor seal populations.
Kelp Beds
Kelp beds and harbor seals share a close and interconnected relationship in coastal ecosystems. Kelp beds, which consist of large brown algae, provide vital habitat and food sources for harbor seals. These underwater forests offer shelter, protection, and ample food in the form of small fish, invertebrates, and algae. Harbor seals, in turn, play an essential role in the kelp ecosystem by regulating the populations of prey species and contributing to nutrient cycling through their waste. They also help disperse kelp spores by swimming through the beds, aiding in the propagation and growth of kelp populations. The presence of harbor seals in kelp beds is a testament to the health and productivity of these underwater habitats. Protecting and conserving both kelp beds and harbor seals is crucial for maintaining the ecological balance and biodiversity of coastal areas. Local kelp beds may be directly impacted by the management of debris basins. 22 July 12, 2023
Carpinteria Harbor Seal Report
Kelp Holdfasts
California kelp beds are teeming underwater ecosystems characterized by towering kelp forests and an intricate network of rocks
acting as holdfasts. Kelp, a type of large
brown algae, attaches itself to these
rocks using specialized structures
called holdfasts. These holdfasts
provide stability and anchor the kelp to
the substrate, preventing it from being
swept away by strong currents. The
rocks themselves create a diverse and
dynamic habitat, offering shelter,
protection, and attachment surfaces for
a variety of marine organisms. They
serve as a foundation for kelp blades to
reach the surface, where they can
photosynthesize and create an
underwater canopy that supports a
wealth of life. From tiny invertebrates
and fish seeking refuge to marine
mammals foraging for food, the rocks
within California kelp beds play a crucial
role in maintaining the structural
integrity and ecological function of these
extraordinary underwater ecosystems.
Funding research in these areas could
lead to changes in management
practices that could benefit harbor
seals. Research institutions such as This Photo bv Unknown Author is licensed under cc the Pinniped Cognition and Sensory
Systems Lab at Long Marine Laboratory in Santa Cruz, CA, where they explore the inner worlds of amphibious marine mammals. They rely on observations made in the field to see how perception and cognition are translated into decisions and actions.
Studies help researchers to understand how ecological, evolutionary, and life history factors have influenced different marine mammal species. Working to provide financial and other support to attract research could yield a wealth of information about Carpinteria local harbor seal population.
23 Management of Debris Basins
Flood control debris basins, an important component of flood management infrastructure, often involve the collection of rocks and boulders to mitigate the impact of excessive water flow during storms. These basins are designed to capture and temporarily store sediment, debris, and runoff to prevent downstream flooding and erosion. Rocks and boulders are strategically placed within the basins to act as physical July 12, 2023
Carpinteria Harbor Seal Report
barriers and trap larger debris,
allowing water to slowly filter
out. The collected rocks and
boulders serve multiple
purposes-they dissipate the
energy of fast-moving water,
reduce erosion by stabilizing
the basin's slope, and facilitate
sediment deposition.
Additionally, they promote
natural infiltration and
percolation of water into the
ground, helping replenish
groundwater supplies. The
collection of rocks and
boulders in flood control debris
basins is a practical and
effective solution that helps protect communities and infrastructure from the destructive forces of flooding, while also contributing to the management of sediment and water resources in a sustainable manner.
Steep watersheds and coastal sediment deposition are interconnected processes that play a significant role in shaping coastal landscapes and influencing coastal ecosystems. Steep watersheds, characterized by rugged terrain and high-gradient slopes, have a greater potential for erosion due to the force of gravity and the rapid runoff of rainfall. As water rushes down these slopes, it picks up sediments and carries them downstream towards the coast. Once the sediment-laden water reaches the coastal areas, it slows down, allowing the sediments to settle and deposit. This process, known as coastal sediment deposition, contributes to the formation and maintenance of coastal landforms such as beaches, dunes, and coastal marshes and kelp beds. These sediment deposits provide valuable habitats for various organisms, including plants, invertebrates, and nesting sites for birds. Additionally, coastal sediment deposition helps buffer against coastal erosion, as the accumulated sediments act as natural barriers against wave energy and stabilize the shoreline. Understanding the dynamics of steep watersheds and coastal sediment deposition is crucial for managing coastal areas and ensuring their resilience in the face of changing environmental conditions.
However, the construction and operation of these basins can inadvertently disrupt the natural flow of sediment to the coast, leading to unintended consequences. As floodwaters are diverted and stored within the basins, the sediment that would typically be transported downstream to coastal areas is trapped and accumulates within the basin. This disruption of sediment transport can result in reduced sediment supply to coastal zones, affecting the natural processes of coastal sediment deposition and erosion. The lack of sediment can lead to beach erosion, loss of coastal habitats, and altered coastal dynamics. Coastal sediment is crucial for maintaining healthy beaches, July 12, 2023
24 Carpinteria Harbor Seal Report
dunes, and estuaries, which provide protection against storm surges, support diverse ecosystems, and offer recreational opportunities. Therefore, it is important to consider and mitigate the unintended consequences of flood control debris basins on coastal sediment processes to ensure the long-term sustainability and resilience of coastal environments.
The interception of rocks and sediment by flood control basins could have potential implications for Pacific harbor seal populations. These basins can disrupt the natural flow of sediment, which plays a crucial role in the formation and maintenance of coastal habitats that harbor seals rely on. The accumulation of sediment within the basins may result in reduced sediment supply to coastal areas, leading to changes in beach morphology and shoreline erosion. These changes can negatively impact the availability of suitable haul-out sites and foraging grounds for harbor seals, potentially disrupting their behavior and population dynamics. Furthermore, the altered coastal dynamics may also affect the availability of prey species, as well as the overall health and productivity of the marine ecosystem. It is important to carefully consider and manage the unintended consequences of flood control basins to ensure the long-term conservation of Pacific harbor seals and their coastal habitats. Balancing flood management needs with the preservation of natural sediment transport processes is crucial for maintaining the ecological integrity and resilience of coastal ecosystems.
Results of a Successful Program
A successful Carpinteria Pacific Harbor Seal protection program yields numerous benefits for both the local ecosystem and the community. Firstly, such a program ensures the conservation of a vital marine species. Pacific Harbor Seals play a significant role in maintaining the ecological balance of coastal areas by regulating prey populations and contributing to nutrient cycling. Protecting and preserving their habitat helps preserve the overall health and diversity of marine ecosystems.
Furthermore, a thriving harbor seal population in Carpinteria enhances the region's natural beauty and attracts nature enthusiasts and tourists. Visitors are drawn to the opportunity to observe these captivating marine mammals in their natural environment.
This influx of tourists can have positive economic impacts on the community, benefiting local businesses such as hotels, restaurants, and tour operators while providing a source of revenue for local government. A successful seal protection program can therefore contribute to the local economy and support sustainable tourism.
Environmental tourism plays a significant role in Carpinteria, California, attracting visitors who seek to explore and appreciate the city's natural beauty and rich biodiversity. Carpinteria offers a variety of attractions for nature enthusiasts, such as pristine beaches, coastal wetlands, and scenic hiking trails. Environmental tourism in Carpinteria allows visitors to engage with the local environment, fostering a connection to nature and promoting environmental awareness. Tourists can partake in activities like birdwatching, tidepool exploration, and guided nature walks, immersing themselves in July 12, 2023
25 Carpinteria Harbor Seal Report
the diverse ecosystems found in the area. Moreover, Carpinteria's commitment to sustainable practices and environmental conservation aligns well with the values of environmentally conscious travelers. The City's efforts to protect marine life, preserve coastal habitats, and promote responsible tourism make it an appealing destination for those seeking an eco-friendly travel experience. Environmental tourism in Carpinteria not only supports the local economy but also serves as a platform to educate and inspire visitors about the importance of environmental stewardship and the need to protect and preserve our natural resources so that these constructs may be promoted elsewhere.
Overall, the Carpinteria Harbor Seal rookery is not only a cherished natural treasure but also a symbol of the City's commitment to wildlife conservation. By providing a sanctuary for harbor seals and promoting responsible visitorship, Carpinteria showcases successful coexistence between humans and marine wildlife, ensuring the long-term survival and well-being of the seal population. 26 This Photo by Unknown Author is licensed under CC BY July 12, 2023
ATTACHMENT B
Harbor Seal Advisory Committee Comments
From:
To:
Subject:
Date:
Attachments:
Susan Mailheau
Erin Maker; Matt Roberts
Re: Harbor Seal Draft Report
Saturday, July 1, 2023 12:11:11 PM
Carpinteria Seal Sanctuary Data.pdf
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Thanks Erin and Matt,
This report provides a beautiful catalog of Carpinteria - in my eyes Carpinteria is a haven of nature's magnificence. I hope you will pass it along to council in its entirety. However, nowhere does it state the actual problem, or the scientific facts I have provided to the committee.
• Please review the attachment. Harbor seals' numbers and overall health in the Carpinteria rookery are in decline, a red flag for a sentinel species; • The pups have a high mortality rate;
• They nurse 4-6 weeks as nearly every scientific report of harbor seals states (as opposed to "a few" stated in the report);
• Pup muscle function requires more time post weaning to prepare for predator evasion, which is why I request an extension of the closure at least until August to get them through major holiday crowds.
• Keeping dogs out: I find, this strengthened when we remind people that throughout time canines have been seals' primary land predator so have seals evolved to recognize and fear the smell, sound, and appearance of dogs.
Also omitted was the request I made to extend the term of the committee, even in another form, for the sake of ongoing evaluation of their status.
I remain very much in favor of added Marine Protected Area (MPA) protections, which can be customized to our unique location.
Thank you for your support of the Marine Mammal Protection Act.
Of minor note, some sections are not keeping with the HSAC Statement of Purpose, although they do help provide a mandate and working document for our prospective new City Manager. For example, some of the sign program is irrelevant to the seals. I would rather see the Council focus on legislative action first. Also, while SealWatch provides a valuable service, the volunteers are in short supply and very inadequately trained, often spreading misinformation which leads to the seals' detriment. The report over-states this role, but indicates that better training will provide increased protection.
On the whole, it is an excellent report. I particularly support the ending paragraph. I makes me grateful to call Carpinteria my home.
Sincerely,
Susan Mailheau, DVM
On Jun 29, 2023, at 5:20 PM, Erin Maker <[email protected]> wrote:
Good afternoon HSAC members,
We are working diligently to get this to the City Council on Monday, July io".
Attached is the draft report with all of your recommendations. This is a working draft, so please excuse any typos or formatting issues, but we wanted to give you some time to review it. The final report is due on Wednesday, July 5 th
.
This report will be attached to the staff report and presented at City Council.
We invite all of the members to attend the meeting on July 1 o th as well, either
in person or virtually. We will send out the agenda and zoom link once it is available.
Thank you,
Erin Maker
Environmental Program
Manager
Sustainability Division
Phone: 805-880-3415
[email protected]
5775 Carpinteria Avenue
Carpinteria CA 93013
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From: David Allen
To: ErinMaker
Cc: David Allen
Subject: Re: Harbor Seal Draft Report
Date: Tuesday, July 4, 2023 10: 12:22 PM
Attachments: image0lO.png imaqe009.pnq image008.pnq
**EXTERNAL EMAIL**
CAUTION: This email originated from outside the City of Carpinteria. DO NOT OPEN attachments or CLICK on links unless you are sure they are safe. Remember, reputable vendors, banks, etc. will not ask you to disclose passwords or other sensitive information.
Thank you Erin,
I have a few comments for consideration. Please also distribute to the CC with the staff report, though I'll probably amplify after completion of the staff report.
First, I think the context should be emphasized: Carpinteria's harbor seal population continues to decline. The high count of seals recorded January I-June I is the lowest ever, including the counts reported by biologist Dana Seagars to the Planning Commission and City Council in 1988. (Sources- transcripts of Dana Seagars' testimony, data sheets maintained by Sealwatch at 790 Arbo! Verde, reports to the Coastal View over many recent years available online.) Attached are copies of a compilation of annual high counts-forth of five columns, and a summary report for 2023 to the Coastal View.
Second, there appears to be an emphasis on moms and pups. Yet harbor seals, male and female, require land to rest approximately 1/2 the time daily 365 days of the year. The Carpinteria harbor seals may abandon Carpinteria if disturbances June-November prevent sufficient rest. (Testimony of Dana Seagars, citations to be added.)
Third, the HSAC was not able to determine cause of the population decline. It may or may not be linked in part or whole to increased disturbances June-November. What we do know, however, is that one thing we can do to help maximize chances of the colony's survival is minimizing disturbances year round. It would be useful to have data for beach use in the sanctuary June- November, and numbers/causes of disturbances in the period when the City closure ordinance is not in effect.
Fourth, for context, it is apparent to any regular observer that far more people use the blufftop trail and overlook, year round, than the beach. This seems to me an important fact (which could be verified by random survey) when balancing Coastal Act beach access policy with resource protection, education, and public enjoyment of the resource.
Thank you and all staff for the recommendation summary and all your work, David Allen
10 :34 PM Mon Jul 3 ••• ,;- 100%il"t.1l·
( Notes 0
0 -
- @ @ 8 [~f
Seal numbers
2020 B 34 adj 76 adj 200+ 70-80
2019 B28 61 230 68
2018 B 32 105 249 64
2017 B 30 68 243 60+
2016 B 23 45 298 40
2015 B 37 85 396 80+
2014 B 29 117 350 80+
2013
2012
2011
2010
2009
2008
B 21
B36
B14
B 58
109
102
74 138
440
400+
450
410-450
308
100
100
70-90
90 70+
2007
2006
2005
2004
B 53
B 51
138
(220)
381
324
291
350
68 90
82 65
()
Sent from my il\i<l
On Jun 29, 2023, at 5·20 l'M, lirin Maker <[email protected]\'> wrote· Good afternoon HSAC members,
We are working diligently to get this to the City Council on Monday, July 10 111_ Attached is the draft report with all of your
recommendations. This is a working draft, so please excuse any typos or formatting issues, but we wanted to give you some time to review it. The final report is due on Wednesday, July s th.
This report will be attached to the staff report and presented at City Council. We invite all of the members to attend the meeting on July 10th as well, either in person or virtually. We will send out the agenda and zoom link once it is available.
Thank you, Q) ;rtt:''••q;
Erin Maker
Environme ntal Program Manager ~. • l rt-":"'
Susta,nab!hry
www.carpinleriaca.gov
Comments on Draft Carpinteria Harbor Seal Advisory Committeee Report - CKLord Hi Erin - This is a total quick draft in response to your draft. Excuse all errors! Please if it's allowed pass this response on to the other committee member.
Thank you, Kathleen
The original directive on why the Carpinteria Harbor Seal Committee was created and what it was tasked to study should be the first item on this report.
Introduction:
Mention of the fact that the Carpinteria Harbor Seal Rookery is rare as it is only one of four Harabor Seal Rookeries from Point Conception to the Mexican border. Only two of these four rookeries is accessable to the general public. They are Carpinteria & La Jolla.
The purpose of the committee was to study the population numnbers historically of the our colony to ascertain whether they are in decline, to compare these numbers to others colonies, to look at factors which might be affecting the numbers and to advise the council as to positive actions "management tactics" which might be beneficial.
The committee members did research the Carpinteria Harbor Seal population numbers and compared them to the numbers at Point Mugu finding a decrease in colony size while the number of pups born seemed to remain constant. More study of health of the sea in the rookery area would be something the City might facilitate working with UCSB.
The report should reflect the committee discussions about local positive human activities impacting the Pacific Harbor Seal including
a. the passing of the City Ordinance closing the beach annually for birthing season, b.the grassroots volunteer Carpinteria Seal Watch Program which for 30 (?) years has interacted with the general public to educate the public and to function as "talking" signs on the overlook above the rookery and on the beach at the East & West beach closed marker signs,
c.the State Park educating campers & hosts, Harbor Seal educational display at their Visitor Center, posting of directional signs for seaonal beach walker/joggers, d. Chevron educating parking lot guards and workers using the parking lot & pier, cooperating with SealWatch volunteers for parking, cooperating with City on allowing general public to view the seals from above on Chevron property
Negative activities are well covered in this report.
The degree and causes of habitat degradation locally needs more specificity. What is needed for a healthy Harbor Seal Colony habitat? Lack of noise, dark night skies, healthy feeding grounds, healthy sea water. Not all noise seems to disturb the seals. Routine noises seem acceptable to them while new quick abrupt noises do not.
Human & dog disturbances and their effect on Harbor Seals are well covered in this report and reflect the committee's extensive discussion on the subject.
Carpinteria SealWatch Program:
The main value of the SealWatch Program is educating the public re the City Beach Ordinance closing the beach for pupping season. Lots of HSAC committee time was spent discussing best sign practices. New signs were put up June 1st and once again it was obvious signs are passive and having a human by the sign increases it's impact. The human with a sign for reference is the best education and enforcement technique for laws reguarding marine mammals.
Comments on Draft Carpinteria Harbor Seal Advisory Committeee Report - CKLord Educating the public above the Rookery by explaing the birthing process and by offering simple guidelines as to how to behave to not disturb the seals below - no rapid movement, no loud voices, etc. is information best received and followed when a human being speaks the information.
Recommendations
Legislative Actions
Update the Carp Muni Code to be more protective of the harbor seals and/or reflect provisions of the Marine Mammal Protection Act - Seems all that is necessary is to enforce the MMPA.
Creating laws is easier than enforcing them.
Extend the timing or length of the beach closure by a little as one month and up to year-round in the immediate area of the seal rookery.
Extended closure , restricted off shore access 300', etc. all fine by me.
Extend the closure perhaps to include June, July and August. This would require "enforcement" but the best enforcement is people talking to people. Perhaps the summer months could have a Seal Guard program. Seal Guards would be on the beach at low tide.
Seal Guards could earn Community Service Hours. Perhaps start with extending closure period by one month. The month of June which is also moulting time requiring the seals to have more time on the beach.
The Coastal Commission and the City working together to maintain the balance between access and coservation ~ YES ~ It's time to start this conversation and meet with Coastal Commission staff. Consider the number of people who enjoy seeing the colony and compare that to the number of people who enjoy being in the sand between June 1 and Dec 1.
Hundreds of people come during the June - Dec 1 period just to see the seals and are disappointed.
Seek greater Resource Agency regulatory protection for the rookery and nearshore area.
Education rather than punitive enforcement is the key.
MPAs
MPA is premature while Chevron is decommissioning. Perhaps in future, starting with the Beach Closure area covered by City Ordinance.
City Sign Program - Last season both the Beach Closed signs shown above were used - one above the other.
The Stop Do Not Enter sign highlights the MMPA and minimizes the Carpinteria City Ordinance. I think the City should be proud of their local commitment to protecting our Harbor Seal Colony. I also think most people have no clue what a "rookery" is. If this sign is used the important information must be in Spanish as well as English.
The Seal Sanctuary sign highlights with the photographic image of mother and pup the reason for the beach closure. Pupping Season. The viewer is empathetic to the cuase. The white Beach Closed rectangle simply needs to be enlarged to include the dates of the closure.
This sign is kinder, more personal, more "Carpinteria". The used of English and Spanish more inclusive.
Comments on Draft Carpinteria Harbor Seal Advisory Committeee Report - CKLord The Marine Mammal Protection Sign - NOAA - is busy busy. Because the Harbor Seals need to be hauledout on the beach here in Carpinteria, I would suggest working with NOAA & the MMPA on an approved bi-lingual sign featuring harbor seals on land.
Adopt and implement unified signage system - None of the signs in the report are perfect. As mentioned at the committee level, the City could hire a graphic designer to create a unified signage system which should be reviewed and approved by the ARB.
The map shown in this report is not the map the committee used when discussng signage. We looked at a bigger map which included more of Carpinteria. The base @ beach of Linden Ave, the Seal Fountain, and City Hall are important in a unified signage system. The committee discussed the importance of directional mapping/signage. Directing the viewer to safe trails is also imperative. There is a problem that signs at the Bluffs Parking Lot are unclear as to how to get to the Seals. The walker is knowingly sent on a path which will cross the train tracks. Crossing the tracks is not a safe trail. This issue needs to be resolved.
The City is negligent to not pursue a solution. Three options exist. Direct the walker from the Bluffs Parking Lot to walk Carp Ave to Dump Road & then along Coastal Vista Trail, then turn right on to Seal Overlook. Work with Chevron and Bluffs I on design of Coastal Vista Trail extending from where it ends now Bluffs Preserve & Bluffs I property line, heading West on North Side (mountain side) of train tracks - thru Bluffs 1 and Chevron property to Dump Road.
Work with Union Pacific to get safe crossing at corner Bluffs Preserve & Bluffs 1.
Develop formal docent training program and provide support for SealWatch.
Seal Watch volunteers are trained in person and by viewing a zoom training session. The City can develop a more robust training program yes however would all SealWatch volunteers need to be City trained docents?
Pursue public ownership of the trail and bluff top above the Harbor Seal Rookery The Coastal Vista Trail and the private ownership land by Chevron and Bluffs above the rookery area was discussed at the Harbor Seal Advisory Committee. The route of the trail proposed by the City involves crossing the tain tracks. A second route was suggested which would use the exisiting safe train track crossing at Dump Road. A schematic of the second route was included. Both routes should be considered, discussed with the property owners and with the community. Beyond just the Coastal Vista Trail a vision for the best environmentally sensitive use of the area above the seal rookery should be studied and then pursued. The installation of live feed wildlife cameras in the rookery area will necessitate the cooperation of Chevron, Bluffs 1 and the City. The installation will also expand virtual access to viewing & studying the HarborSeals.
Seek other Collaborative Partners
NOAA
California State Parks
As discussed at the committee level, SealWatch has been working with the State Parks for many years. They have installed direcitonal sign at Tomol Park, directional & educational display in their Visitor Center, and little fliers posted at all restrooms during the beach closure season. The City directly working with the them as suggested in this section are all good.
CIMWI - Of note in this section it should be pointed out that CIMWI primarily works with sea lions and does not have facilities for rehabilitation of Harbor Seals. Harbor Seals rescued in Carpinteria are transported to Sausalito. It is costly. Last season one Harbor Seal rescued was Comments on Draft Carpinteria Harbor Seal Advisory Committeee Report - CKLord successfully rehabilitated in the Sausalito facility. Harabor Seals require longer rehabilitation time with other Harbor Seals before being released back in to the sea. YAWA is his name. He was released at Point Reyes with his buddies.
It's been a long time since the Harbor Seal Advisory Committee had a meeting ... This was not discussed by the committee.
Carpinteria School District ~ City could work with school district re Community Service Hours for students volunteering in Harbor Seal protection activities.
Pursue Partnerships in Research
Seeking grant funds for marine mammal research ~ This was discussed briefly.
Kelp Beds
Re Management of Debris Basins - These were never discussed at the Committee level.
Why is it in our committee report?
Perhaps more frequent cleanout & dumping into the sea in a more natural time frame would be beneficial.
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 10, 2023
ITEM FOR COUNCIL CONSIDERATION
Response(s) to a request by Moms Demand Action (MDA) concerning City of Carpinteria secure gun storage legislation.
STAFF RECOMMENDATION
Direct staff to include in the City's 2024 Work Plan one or more of the following measures to promote gun safety and discourage gun violence in the Carpinteria community:
1. Draft a Secure Gun Storage Ordinance in Carpinteria;
2. Implement a gun safety public information campaign in collaboration with MDA;
3. Organize or participate in a gun buyback event.
Sample Motion: I move to direct staff to include in the 2024 Work Plan the following measures to promote gun safety in the Carpinteria community: (select one or more of the following)
1. Draft a Secure Gun Storage Ordinance in Carpinteria;
2. Implement a gun safety public information campaign in collaboration with MDA;
3. Organize or participate in a gun buyback event.
BACKGROUND
During the May 8, 2023 Council meeting, members of the MDA Carpinteria Chapter, including Carly Bass, Aja Forner, Amy Harrison, Caroline Campopiano, and Sierra Ford, advocated for the implementation of a Secure Gun Storage Ordinance in Carpinteria. In response, the City Council directed staff to schedule an agenda matter that would allow for it to initiate the legislative process.
MDA is a grassroots advocacy organization dedicated to promotion of stronger gun laws, responsible gun ownership, and gun violence prevention. MDA has launched G:\CC Staff Reports\2023 0710\2023.07.05 Gun Safety Measures - Staff Report - BHFS(25820761.1 )003.docx
Gun Safety Measures
July 10, 2023