Agenda packet — Carpinteria City Council, August 28, 2023 (part 1 of 3)

City of Carpinteria
City Council Regular Meeting Agenda
Monday, August 28, 2023
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 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 the meeting by either submitting your comment via (1) email to City Council Regular Meeting Agenda
August 28, 2023

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[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

PLEDGE OF ALLEGIANCE
COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:

The City Council may consider Councilmember(s) request to participate in the meeting remotely under the regulations of AB 2449 by making the necessary findings and voting on whether the Councilmember(s) may participate remotely.

AGENDA MODIFICATIONS: The City Council may modify the regular agenda by tabling items, adding urgency items to the agenda, or changing the order in which items are considered. Changes to the Consent Calendar are considered at the time the Consent Calendar is considered.

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS: NONE

PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
This may include updates on law enforcement activity within the City from a Sheriff’s Office representative.

CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.

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a. Planning Commission Actions
b. Status Update on the Work of the City Manager Succession Process Committee c. Status Update on the Work of the Senior Services Planning Committee d. FEMA Community Rating System

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 audiovisual system in the Council Chamber is not available for speaker use during the general Public Comment period.

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

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

1. Approve the minutes of the regular meeting held July 24, 2023 and the special meeting held July 31, 2023.

2. Receive and file the Expenditures for the period beginning July 15, 2023 and ending August 18, 2023.

3. Receive and file Report of Contracts Executed by the City Manager for the Period of July 18, 2023 through August 21, 2023.

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

5. Adopt Ordinance No. 768 (second reading), amending Chapters 2.20.070 (Public Works Department) and 2.20.080 (Parks, Recreation, and Public Facilities Departments) in the Carpinteria Municipal Code. (This motion requires a roll call vote.)
ADMINISTRATIVE MATTERS:

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6. Granting of an Easement to Southern California Edison for Electric Vehicle Infrastructure in City Parking Lot No. 1 along the Elm Avenue frontage.

Recommendation: Authorize the City Manager to execute the Grant of Easement of approximately 700 square feet to Southern California Edison for the purposes of installation, maintenance and operation of electrical equipment associated with electric vehicle infrastructure in City Parking Lot No. 1 Staff Presenter: Erin Maker, Environmental Program Manager a. Staff Report
b. Public Comment
c. City Council Determination

7. Real Property License Agreement concerning the Franklin Creek Trail Improvement Project.

Recommendation: Authorize the City Manager to execute a Real Property License Agreement with the Santa Barbara County Flood Control and Water Conservation District for the Franklin Creek Trail Improvement Project. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

8. Real Property License Agreement concerning the Carpinteria High School Area Crosswalk Safety Improvements Project.

Recommendation: Authorize the City Manager to execute a Real Property License Agreement with the Santa Barbara County Flood Control and Water Conservation District for the Carpinteria High School Area Crosswalk Safety Improvement Project. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

9. Participation in the Sustainable Community Network Program for residential solar and battery storage.

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Recommendation: Authorize the City Manager to execute a Program Participation Agreement with Electriq Power, Inc, for the City to participate in the Sustainable Community Network Program.

Staff Presenter: Erin Maker, Environmental Program Manager a. Staff Report
b. Public Comment
c. City Council Determination

10. Sending a comment letter to the County of Santa Barbara regarding its Draft 2023 - 2031 Housing Element Update.

Recommendation: Approve the letter (Attachment A) to be sent to the County of Santa Barbara regarding the County’s Draft 2023 - 2031 Housing Element Update.

Staff Presenter: Nick Bobroff, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING:

11. Annual Review of Fire Protection Mitigation Fee Program. (Continued from July 24, 2023 Council Meeting)
Recommendation: Adopt Resolution No. 6259, approving the update of the Fire Protection Mitigation Fee Schedule for Development and accepting the Carpinteria-Summerland Fire Protection District’s Annual Report.

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

12. Adoption of Resolution No. 6265, initiating amendment of the City’s Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations, a part of its Local Coastal Program and Zoning Code, in response to recent state Accessory Dwelling Unit legislation.

Recommendation: Adopt Resolution No. 6265 (Attachment A), initiating amendments to the Carpinteria Local Coastal Program and Chapter 14.72 of Title City Council Regular Meeting Agenda
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14, Zoning, of the Carpinteria Municipal Code, to address recent state Accessory Dwelling Unit legislation.

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

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR AND/OR

OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED
MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:

13. Agreement between the Carpinteria Skate Foundation and the City of Carpinteria for Carpinteria skate park youth services.

Recommendation: Authorize the City Manager to execute the agreement with the Carpinteria Skate Foundation.

Staff Presenter: Aida Thau, Management Analyst II
a. Staff Report
b. Public Comment
c. City Council Determination

14. Annual Report on Law Enforcement Services.

Recommendation: Receive and file report.

Staff Presenter: Lt. Ugo Arnoldi, Santa Barbara County Sherriff’s Office a. Staff Report
b. Public Comment
c. City Council Determination

15. 2023 Work Plan Status Report.

Recommendation: Receive and file the 2023 Work Plan Status report.

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

16. Together We Thrive: A Community Resource and Engagement Fair Debrief and Survey Report.

Recommendation: Receive and file Together We Thrive: A Community Resource and Engagement Fair Debrief and Survey Report.

Staff Presenter: Olivia Uribe Mutal, Program Manager
a. Staff Report
b. Public Comment
c. City Council Determination

17. Annual Report on implementation of the City’s Sustainable Community Policy.

Recommendation: Receive and file the Annual Report on the City’s Sustainable Community Policy (Resolution No. 5500).

Staff Presenter: Erin Maker, Environmental Program Manager a. Staff Report
b. Public Comment
c. City Council Determination

18. Rental of Street Sweeping Equipment.

Recommendation: (1) Authorize the City Manager to enter into a rental agreement with Haaker Equipment Company for street sweeping equipment in an amount not to exceed $94,176 and (2) Appropriate $14,700 for rental of street sweeping equipment. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

19. Amendment to the City Manager Employment Agreement adjusting the annual base wage.

Recommendation: Approve the Ninth Amendment to the Employment Agreement for the City Manager adjusting the annual base wage.

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

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

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

1. Appointees to Other Government Agencies
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) (Solórzano/Alt. Clark)
b. California Joint Powers Insurance Authority (CJPIA) (Clark/Alt. Alarcon) c. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.

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

Nomura)
e. Central Coast Community Energy (3CE) (Nomura/Alt. Goleta) f. Santa Barbara Mosquito and Vector Management District (Joe Franken) g. Santa Barbara Metropolitan Transit District (Solórzano)

2. Regional Committees
a. Channel Counties Division, League of California Cities (Nomura/Alt. Alarcon) b. Santa Barbara Joint Affordable Housing Task Group (Alarcon & Solórzano) c. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
d. South Coast Youth Safety Partnership (Solórzano/Alt. Lee) e. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)

3. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Alarcon & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee and Alarcon) City Council Regular Meeting Agenda
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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: Stein & O’Connor)
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. Senior Services Planning Committee (Lee & Solórzano) b. Civic/Youth Engagement Committee (Lee & Nomura)
c. City Council Housing Element Committee (Clark & Nomura) d. City Manager Succession Process Committee (Clark & Alarcon)

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 September 11, 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, August 23, 2023, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.

MEMORANDUM
Date: August 22, 2023
To: City Council
From: Nick Bobroff, Community Development Director
Subject: August 7, 2023 Planning Commission Action
On Monday, August 7
th
, the Planning Commission considered the following hearing requests with four Commissioners in attendance (Commissioner Salant absent):
1) Howard Residence
Project# 22-2162-DP/CDP/ARB
Address: 4818 Dorrance Way
Applicant: Dylan Chappell, architect, for John Howard
Planner: Syndi Souter
Hearing at the request of Dylan Chappell, architect, for John Howard, to consider Project 22-2162-DP/CDP/ARB (application filed June 9, 2022) for approval of a Development Plan and a Coastal Development Permit to construct a new 2,197 square-foot two-story single-family residence and a detached 512 square-foot twocar garage with a 446 square-foot workshop above on a vacant lot under the provisions of Carpinteria Municipal Code (CMC) §14.14 - Planned Residential Development District and §14.68 - Development Plan; and to approve an Exemption pursuant to §15303, §15304, and §15332 of the California Environmental Quality Act (CEQA) Guidelines. The application involves APN 003-440-013, addressed as 4818 Dorrance Way.

The Planning Commission continued this item to a future meeting agenda due to a lack of a quorum.
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2) Southern California Edison (SCE) Easement GC §65402
Project # 23-2235-GC
Address: 4945 Carpinteria Avenue (otherwise known as City Parking No. 1) Applicant: City of Carpinteria
Planner: Nick Bobroff
Hearing on the request of the City of Carpinteria Public Works Department to consider Project 23-2235-GC (application filed July 14, 2023), for a determination that the granting of an easement affecting a 700 square foot (7.00' wide by 100.00' long) portion of City Parking Lot No. 1 to Southern California Edison to allow for the installation, maintenance and operation of electrical equipment associated with electrical vehicle infrastructure is consistent with the General Plan/Coastal Plan of the City of Carpinteria, pursuant to Government Code §65402. The application involves APN 003-261-008, addressed as 4945 Carpinteria Avenue (otherwise known as City Parking No. 1 ).

The Planning Commission voted 4-0 to find that granting of the requested easement is consistent with the City's General Plan, pursuant to the requirements of Government Code §65402.
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City Council Minutes
Regular Meeting
Monday, July 24, 2023
In-Person and Virtual

CALL TO ORDER
Mayor Clark called the meeting to order at 5:34 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
Matt Roberts, Parks, Recreation & Public Facilities
Director
Steve Goggia, Community Development Director
John L Ilasin, Public Works Director
David Hernandez, Code Compliance Officer II
Syndi Souter, Associate Planner
Teresa Ilasin, Management Analyst II

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

COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:

There were no Councilmember requests for remote participation under AB 2449.

AGENDA MODIFICATIONS: NONE
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INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:

1. Proclamation Celebrating the 50th Anniversary of the Rotary Club of Carpinteria.

Speakers in-person: Karen Graf, Rob Godfrey, and Bob Berkenmeier, all representing Rotary Club of Carpinteria
Mayor Clark and the City Council presented the Proclamation to Rotary Club of Carpinteria representatives.

2. Proclamation Proclaiming Tuesday, August 1, 2023 as “National Night Out” in the City of Carpinteria.

Speakers in-person: Carpinteria Community Resource Deputy Brian Dickey with the Santa Barbara County Sheriff’s Department and Gloria Flores with Girls Inc.

Mayor Clark and the City Council presented the Proclamation to Deputy Dickey and Ms.

Flores.

3. Resolution No. 6257, Congratulating Matt Roberts on His Retirement and Commending and Thanking Him for 36 Years of Loyal and Dedicated Service to the City of Carpinteria.

There was no public comment.

Motion by Councilmember Nomura, seconded by Councilmember Lee, to adopt Resolution No. 6257. Upon voice vote, the motion carried unanimously.

Parks, Recreation and Public Facilities Director Roberts provided remarks.

Mayor Clark and the City Council presented Resolution No. 6257 to Parks, Recreation and Public Facilities Director Roberts.

4. Resolution No. 6258, Congratulating Steve Goggia on His Retirement and Commending and Thanking Him for 18 Years of Loyal and Dedicated Service to the City of Carpinteria.

There was no public comment.

Motion by Councilmember Nomura, seconded by Councilmember Lee, to adopt Resolution No. 6258. Upon voice vote, the motion carried unanimously.

Community Development Director Goggia provided remarks.

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Mayor Clark and the City Council presented Resolution No. 6258 to Community Development Director Goggia.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE ANNUAL

MEETING OF THE CARPINTERIA PUBLIC IMPROVEMENT CORPORATION (CPIC) Mayor Clark temporarily adjourned the meeting at 6:03 pm.

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Clark reconvened the meeting at 6:10 pm.

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

CITY MANAGER’S REPORT
a. Status Update on the Work of the City Manager Succession Process Committee City Manager Durflinger reported:
• Council previously approved a contract with Ralph Andersen & Associates for executive search services.
• Ralph Andersen & Associates provided a draft flyer with ideal candidate description and draft community survey to the City Council and the City Manager Succession Process Committee.
• Noted that all Councilmembers except for one can meet for a special Council meeting on Monday, July 31st at 5:30 pm to approve the ideal City Manager candidate profile and the community survey form so the recruitment process can begin.
b. Status Update on the Work of the Senior Services Planning Committee Assistant City Manager Ramirez reported:
• The Ad Hoc Senior Services Planning Committee meeting is scheduled for Wednesday, July 26th at 8:00 am in the Council Chambers where stakeholder groups will provide an update on what they are doing in regards to senior services.
• Request for Proposals (RFP) for Consulting Program Design & Implementation Services for the Establishment of An Active Adult / Senior Center and Related Programming closes July 27th at 4 pm; there are no submissions as of yet.

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• Still waiting for the Area Agency on Aging to provide senior meals at the Vets Hall.
c. Status Update on the Harbor Seal Committee
City Manager Durflinger reported:
• At previous Council meeting, the Council referred the Harbor Seal Report to the Carpinteria Open Space Management Advisory Board (COSMAB). • COSMAB did not have a quorum to meet last week.
• COSMAB meeting will be rescheduled in a few weeks and its recommendations will be presented to the Council for consideration in reforming the Harbor Seal Committee moving forward and directing a new iteration of the work.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Michael Baker, Susan Mailheau, and Bob Franco (not present to speak)
Speakers via Zoom: Mike Wondolowski
Emails distributed: Judith Polich and Susan Mailheau
CONSENT CALENDAR:

Speakers via Zoom: Mike Wondolowski (for Consent Calendar Item No. 12) Councilmember Nomura requested pulling Consent Calendar Item Nos. 11 and 12 from the Consent Calendar and hearing them as the first two items under Administrative Matters. The Council agreed to Councilmember Nomura’s request.

Motion by Councilmember Lee, seconded by Councilmember Nomura, to approve Consent Calendar Item Nos. 5 through 10. Upon voice vote, the motion carried unanimously.

5. Approve the minutes of the regular meeting held July 10, 2023.

6. Receive and file the Expenditures for the period beginning July 3, 2023 and ending July 14, 2023.

7. Receive and file Report of Contracts Executed by the City Manager for the Period of June 20, 2023 through July 17, 2023.

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

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

10. Adopt Resolution No. 6261, as read by title only, authorizing the destruction of certain accounts payable, payroll, cash receipts, and bank statements.

ADMINISTRATIVE MATTERS:

Consent Calendar Item Nos. 11 and 12 were pulled from the Consent Calendar and heard as the first two items under Administrative Matters.

11. Authorize the City Manager to execute Amendment No. 2 to the Agreement with Cannon Corporation to provide additional services for the 2022 Pavement Rehabilitation Project in the not-to-exceed amount of $24,542 for a total amended amount of $672,842. (This motion requires a roll call vote.) Public Works Director Ilasin presented the staff report.

There was no public comment.

Motion by Councilmember Nomura, seconded by Councilmember Solórzano, to authorize the City Manager to execute Amendment No. 2 to the Agreement with Cannon Corporation to provide additional services for the 2022 Pavement Rehabilitation Project in the not-to-exceed amount of $24,542 for a total amended amount of $672,842. The roll call vote was as follows:

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

12. Authorize the City Manager to purchase an electric street sweeping equipment by Global Environmental Products from Terry Equipment, Inc. in an amount not to exceed $732,847 and appropriate $33,000 in 103-431-5761 – Major Equipment. (This motion requires a roll call vote.)
Public Works Director Ilasin presented the staff report.

There was no public comment.

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Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to authorize the City Manager to purchase an electric street sweeping equipment by Global Environmental Products from Terry Equipment, Inc. in an amount not to exceed $732,847 and appropriate $33,000 in 103-431-5761 – Major Equipment. 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.

13. Code Compliance Quarterly Report Q2, 2023.

Recommendation: Receive and file quarterly report.

Code Compliance Officer II Hernandez provided the PowerPoint presentation.

There was no public comment.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to receive and file the Code Compliance Quarterly Report. Upon voice vote, the motion carried unanimously.

14. Review of home sales prices and adjusting the 2023 in-lieu affordable housing fee pursuant to Carpinteria Municipal Code Chapter 14.75, Inclusionary Housing Requirement, and, if desired, adopt Resolution No. 6260, as read by title only, adjusting the 2023 affordable housing in-lieu fees for condominiums and singlefamily dwellings.

Recommendation: Receive and file the report on the City’s home sales prices for 2022 and adopt Resolution No. 6260 to adjust the 2023 affordable housing in-lieu fees for condominiums and single-family dwellings.

Associate Planner Souter provided the PowerPoint presentation.

Speakers via Zoom: Mike Wondolowski
Emails distributed: Mike Wondolowski
Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to receive and file the report on the City’s home sales prices for 2022, and adopt Resolution No. 6260, as City Council Regular Meeting Minutes
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read by title only, adjusting the 2023 affordable housing in-lieu fees for condominiums and single-family dwellings. Upon voice vote, the motion carried unanimously.

15. Designation of Voting Delegate and Alternate for the League of California Cities Annual Conference.

Recommendation: Designate Councilmember Nomura as the City’s voting delegate and designate Councilmember Solórzano as the City’s alternate voting delegate for the League of California Cities 2023 Annual Conference and Expo in Sacramento.

City Clerk Barrett presented the staff report.

There was no public comment.

Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to designate Councilmember Nomura as the City’s voting delegate and designate Councilmember Solórzano as the City’s alternate voting delegate for the League of California Cities 2023 Annual Conference and Expo in Sacramento. Upon voice vote, the motion carried unanimously.

PUBLIC HEARING:

16. Annual Review of Fire Protection Mitigation Fee Program.

Recommendation: Adopt Resolution No. 6259, approving the update of the Fire Protection Mitigation Fee Schedule for Development and accepting the Carpinteria-Summerland Fire Protection District’s Annual Report.

City Manager Durflinger announced that the Carpinteria-Summerland Fire Protection District asked that this item be continued in order to make corrections to the Annual Report. He requested that the Council open the public hearing tonight, receive any public comment and keep the public hearing open and continue the matter to the next regular Council meeting of August 28, 2023.

Mayor Clark opened the public hearing at 7:35 pm.

There was no public comment.

Mayor Clark left the public hearing open.

Motion by Councilmember Nomura, seconded by Councilmember Solórzano, to continue the public hearing to the next City Council meeting. Upon voice vote, the motion carried unanimously.

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City Manager Durflinger noted for the record that the next regular City Council meeting is August 28th to which this item has been continued.

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED: NONE MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
Mayor Clark recessed to a break at 7:36 pm and reconvened the meeting at 7:41 pm.

OTHER BUSINESS:

17. Adopt Resolution Nos. 6263 and 6264, amending the Conditions of Employment for both Miscellaneous Unrepresented Personnel and Management Personnel.

Recommendation: (1) Adopt Resolution No. 6263, amending the Conditions of Employment between the City of Carpinteria and Miscellaneous Unrepresented Personnel for the period of July 1, 2023 – June 30, 2024, and authorize the City Manager to implement the changes effective July 1, 2023, and (2) Adopt Resolution No. 6264, amending the Conditions of Employment for the period of July 1, 2023 – June 30, 2024, between the City of Carpinteria and Management Personnel, and authorize the City Manager to implement the changes effective July 1, 2023.

Assistant City Manager Ramirez presented the staff report.

There was no public comment.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to adopt Resolution Nos. 6263 and 6264, as read by title only. Upon voice vote, the motion carried unanimously.

18. Adoption of Ordinance No. 768 and Resolution No. 6262 concerning: (a) Amending Municipal Code Chapter 2.20.070 Public Works Department and Chapter 2.20.080 Parks, Recreation, and Public Facilities Departments, to reflect the reorganization; and, (b) Revising the Public Works Director position description to account for the added responsibilities.

Recommendation: (1) Approve first reading of Ordinance No. 768, amending Carpinteria Municipal Code Section 2.20 as follows: (a) Section 2.20.070: Retitle the Street Maintenance Division to Maintenance; retitle Street Maintenance and Right-of-Way Maintenance programs to Street and Right-of-Way Maintenance; establish the Fleet Maintenance program; and establish the Parks and Facilities Maintenance program and (b) Section 2.20.080: Retitle Parks, Recreation, and Public Facilities department and Parks Divisions to Parks, Recreation, and City Council Regular Meeting Minutes
July 24, 2023

Page 9 ends

Community Services department; and (2) Adopt Resolution No. 6262, thereby updating the job duties of the Public Works Director to update language and positions supervised. (This motion requires reading of ordinance title and a roll call vote.)
Management Analyst II Ilasin presented the staff report.

There was no public comment.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to (1) approve Ordinance No. 768, on first reading, and (2) adopt Resolution No. 6262 as read by title only.

City Clerk Barrett read aloud the title of Ordinance No. 768.

The roll call vote was as follows:

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

LEGISLATIVE UPDATE:

City Manager Durflinger mentioned he had forwarded the Council an email from the regional representative of the League of California Cities with webinar slides of the summer recess briefing of priority bills. He noted that for the past few years, the League has provided webinars to cities explaining where certain legislation is in the process. He said in the future, the Council could determine to create a committee of its members that focuses on developing a legislative platform and the committee could participate in the League’s webinars and determine which things it would want to bring forward to the Council or develop positions itself.

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Councilmember Solórzano reported on her attendance at:
• BEACON where the Board approved an agreement with the Bay Foundation to provide mobility location data tracking services through grant funding, basically using mobile phone data regionally to map how people are using the beach. The City Council Regular Meeting Minutes
July 24, 2023

Page 10 ends

next BEACON meeting a presentation on regional sediment management and sea level rise and some strategic planning will be discussed. • Santa Barbara Metropolitan Transit District (SBMTD) met and selected designated recipients of the Federal Transit Authority formula funds for the Santa Barbara Urbanized Area which was split between the County and SBMTD; heard a capital projects update, and terminated the declaration of the COVID health emergency. • South Coast Youth Safety Partnership Public Policy Team met in Goleta and Councilmember Solórzano will report back as more strategic planning is done.

Vice Mayor Alarcon reported that the Santa Barbara Joint Affordable Housing Task Group will be meeting this Thursday and Carpinteria will be hosting the meeting where there will be a presentation from LifeArk. More information will be provided at the meeting.

Councilmember Nomura noted the International President’s Summit (service club presidents from Kiwanis, Rotary, Lions, and Optimists) initiated a Celebrate Community Week (September 11th through 17th. He requested the City participate by designating the week of September 11th through 17th as Celebrate Community Week and honor the four service organizations with the hope that they would be able to become partners in doing work around the Carpinteria community.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the August 28th regular City Council meeting.

CLOSED SESSION MATTER

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

PUBLIC COMMENT ON CLOSED SESSION MATTERS
There was no public comment.

TEMPORARY ADJOURNMENT TO CLOSED SESSION
Mayor Clark temporarily adjourned the meeting to Closed Session at 8:10 pm.

RECONVENE IN OPEN SESSION
Mayor Clark reconvened the meeting in Open Session at 8:24 pm with all Councilmembers, City Manager Durflinger and City Clerk Barrett present.

CLOSED SESSION REPORT
City Council Regular Meeting Minutes
July 24, 2023

Page 11 ends

City Manager Durflinger announced that there was no reportable action from the Closed Session.

ADJOURNMENT
Mayor Clark adjourned the meeting at 8:25 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria
City Council Minutes
Special Meeting
Monday, July 31, 2023
In-Person and Virtual

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

ROLL CALL
Councilmembers present: Councilmember Wade T. Nomura
Councilmember Mónica J. Solórzano
Vice Mayor Natalia Alarcon
Mayor Al Clark
Councilmembers absent: Councilmember Roy Lee
Staff members present: Michael Ramirez, Assistant City Manager Mack Carlson, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria (present via Zoom)
Brian C. Barrett, City Clerk
Olivia Uribe Mutal, Program Manager

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

CITY COUNCIL BUSINESS:

The City Council met to consider the following item:

1. Review and approval of the recommendations of the City Council Ad hoc City Manager Succession Committee concerning the ideal candidate profile and community survey form.

Recommendation: Receive and approve the City Manager ideal candidate profile and community survey form as recommended by the City Council Ad hoc City Manager Succession Committee.

City Council Special Meeting Minutes
July 31, 2023

Page 2 ends

Program Manager Uribe Mutal presented the staff report and PowerPoint presentation and Consultant Fred Wilson of Ralph Andersen & Associates (present via telephone) answered questions.

PUBLIC COMMENT WILL BE HEARD CONCERNING ONLY THE AGENDIZED ITEM

FOR THIS SPECIAL MEETING
Speakers in-person: Jane Benefield, Donna Jordan, Fred Shaw, and Gail Marshall Councilmembers provided feedback on the City Manager Brochure which included:
• Provide better photos representative of the community, reorganize the layout of photos, and add captions to tell a story
• Incorporate Diversity, Equity, and Inclusion (DEI) and volunteerism Councilmembers provided feedback on the Community Survey which included:
• Add a box under question nos. 4 and 5, adding experience in Diversity, Equity, and Inclusion (DEI) initiatives
• Question no. 1 changed to say “Do you live in the City of Carpinteria or in the unincorporated area or neither?”
• Add more demographic questions to question no. 3 including field of work, age range, and whether individuals are homeowner/renters or neither Program Manager Uribe Mutal received clarification from the Council that once the brochure and community survey are updated per the Council’s comments, the brochure and community survey do not need to return for review and approval by the City Council.

Motion by Vice Mayor Alarcon, seconded by Councilmember Solórzano, to receive and approve the City Manager ideal candidate profile with the designated updates as mentioned and community survey form to also incorporate the updates described as recommended by the City Council Ad hoc City Manager Succession Committee.

The roll call vote was as follows:

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

ADJOURNMENT
City Council Special Meeting Minutes
July 31, 2023

Page 3 ends

Mayor Clark adjourned the meeting at 6:14 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
August 28, 2023

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning July 15, 2023 and ending August 18, 2023.

STAFF RECOMMENDATION
Receive and file Warrant Register for the period of July 15, 2023, through August 18, 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 July 15, 2023 and ending August 18, 2023.

Warrant Register
August-28, 202-3
Page #2
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\Admin Services\Staff Report\Staff Report AP.docx
Warrant Register
Carpinteria, CA
Date Range: 07/15/2023 - 08/18/2023
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
Vendor Name
Payable Type
Payment Date Payment Amount Number
Payable Description

SOUTHERN CALIFORNIA GAS COMPANY

MATT SHAW CONCRETE INC

STATESIDE SERVICES INC

RINCON CONSULTANTS INC

ANDREW & OLIVIA BUCK

UNITED WAY OF SANTA BARBARA COUNTY

CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS
Invoice FY23-24 APPLICATION FOR BUDGET AWARD
07/17/2023
07/17/2023
07/17/2023
07/17/2023
07/17/2023
07/20/2023
07/20/2023
(6,454.19) 101631
(1,851.13) 101643
(195.00) 101649
(2,404.92) 101675
(0.93) 101683
(24.00) 101713
150.00 101867
P-055623-062823

CARB/PERP
Invoice
07/20/2023 735.00 101868

REGISTRATION FOR EMERGENCY GENERATOR
INV0004767

CLAIR MITCHELL
Invoice
07/20/2023 45.00 101869
REFUND DUMPSTER PERMIT #7278 (NOT REQUIRED)
ENCOMPASS CONSULTANT GROUP INC 07/20/2023 33,317.50 101870 Invoice
INV0004768

LISA WILLIS
Invoice
JUN23 ENGINEERING FOR PAVEMENT MAINTENANCE PROJECT
07/20/2023
PARTIAL REFUND FOR J. BRAINERD JR. LIFEGUARD CAMP
PERFORMANT MANUFACTURING LLC 07/20/2023
PC010434406
INV0004779
INV0004780
INV0004781
INV0004782
Invoice DEPOSIT FOR SKATE BOARD PLAQUES-SKATE PARK
QUINN COMPANY 07/20/2023
Invoice LP TANK FOR UNIT 322
MISSIONSQUARE 07/26/2023
Invoice Deferred Compensation Contribution-Part Time Emp Invoice MissionSquareEmployee Contributions
Invoice MISSIONSQUARE Employee Contributions
SEIU LOCAL 620 07/26/2023
Invoice Employee Union Dues Contribution
UNITED WAY OF SANTA BARBARA COUNTY 07/26/2023
INV0004783 Invoice Employee United Way Contribution
INV0004785

CATALINA CAMPUZANO
Invoice
INV0004786

DANIEL CORDERO
Invoice
JUL23 PREMIUMS

GUARDIAN
Invoice
INV0004788

JOSE ESTRADA
Invoice
INV0004787

PATRICIA LUNA
Invoice
07/27/2023
VETS HALL REFUND OF CANCELLED EVENT DEP 09/09/23
07/27/2023
VETS HALL REFUND OF EVENT DEPOSIT 06/24/23
07/27/2023
JUL23 PREMIUMS
07/27/2023
VETS HALL REFUND OF EVENT DEPOSIT 06/17/23
07/27/2023
VETS HALL REFUND OF EVENT DEPOSIT 07/08/23
395.00 101871
2,128.06 101872
383.08 101873
7,975.33 101874
256.90 101875

24.00 101876
100.00 101877
300.00 101878
8,103.05 101879
300.00 101880
300.00 101881
SANTA BARBARA METROPOLITAN TRANSIT DEPOT 07/27/2023 125.90 101882 INV0004769 Invoice REFUND FOR AR OVERPAYMENT
INV0004770
TERESA !LASIN
Invoice
07/27/2023 110.00 101883

CJPIA HR ACADEMY TRAVEL REIMBURSEMENT
INV0004784

ULISES SEGURA
Invoice
07/27/2023 300.00 101884
VETS HALL REFUND OF EVENT DEPOSIT 07/01/23
UNITED WAY OF SANTA BARBARA COUNTY 07/27/2023 24.00 101885 INV0004651 Invoice Employee United Way Contribution
ACCESS CONTROL SECURITY INC. 08/03/2023 565.13 101886
Invoice SECURITY AT VETS HALL 7/1/23, 7/8/23

ANDREA ADAMS-MORDEN
Invoice
08/03/2023 2,100.00 101887

RESTORATION SERVICES FOR CITY PARKS
INV0004792

CALIFORNIA BUILDING STANDARDS COMMISSION
Invoice FEE REMITTANCE FY23 (Q4 APR-JUN 2023)
08/03/2023 227. 70 101888

Page 1 ends

CO UNTY OF SANTA BARBARA- PUBLIC WORKS 08/03/2023 23 2.86 10 1889 799 Invoice JAN-JUNB Ci~NERAL IWRM PROGRAM OVERSIGHT
DCME INC. 08/03/2023 52,707.10 101890
1041 Invoice MAY-JUN23 FIELD INSPECTIONS SANTA CLAUSE BIKE PATH 1042 Invoice MAY-JUN23 FIELD INSPECTIONS SKATE PARK
WEX BANK (76) 08/03/2023 455.09 101891
90938325 Invoice JUL23 FUEL FOR CITY VEHICLES
WEX BANK (CHEVRON) 08/03/2023 757.45 101892
90575085 Invoice JUL23 FUEL FOR CITY VEHICLES
AFLAC 08/10/2023 396.94 101893
491508 Invoice JULY 2023 EMPLOYEE PREMIUMS
ANGELITA ELLER 08/10/2023 250.00 101894
11 Invoice HULA CLASS PERFORMANCE 8/12/23
BOB TRAUTZ 08/10/2023 4,459.28 101895
5007 Invoice JUL23 INSTALLATION OF SIGNS@ SKATE PARK
DEANNA CERDA 08/10/2023 101.28 101896
INV0004808 Invoice RETIREMENT BOOKS-M. ROBERTS/S, GOGGIA DEPARTMENT OF CONSERVATION 08/10/2023 794.50 101897
INV0004811 Invoice FEE REMITTANCE FY23 (Q4 APR-JUNE 2023) EXTRA SPACE STORAGE 08/10/2023 550.00 101898
AUG23 0905 Invoice UNIT RENT 8/23/23-9/23/23
FIRST NATIONAL BANK OF OMAHA 08/10/2023 12,458.68 101899 JUL23 0983 Invoice CREDIT CARD PAYMENT-OUM
JUL23 3498 Invoice CREDIT CARD PAYMENT-JT
JUL23 3696 Invoice CREDIT CARD PAYMENT-LM
JUL23 4545 Invoice CREDIT CARD PAYMENT-BB
JUL23 6160 Invoice CREDIT CARD PAYMENT-JI
JUL23 8528 Invoice CREDIT CARD PAYMENT-AW
JUL23 8897 Invoice CREDIT CARD PAYMENT- M. ROBERTS
ID WORKS LLC 08/10/2023 4,157.57 101900
EGH 36376 Invoice PUBLIC WORKS UNIFORMS FY23-24
IMPULSE ADVANCE COMMUNICATIONS 08/10/2023 1,602.63 101901 107493 Invoice SEPT23 PHONE SERVICES
INFOARMOR INC 08/10/2023 107.70 101902
6456Jul23 Invoice JUL23 INDENTITY THEFT EMPLOYEE PREMIUMS 6456Jun23 Invoice JUN23 IDENTITY THEFT EMPLOYEE PREMIUMS NATALIA ALARCON 08/10/2023 158.48 101903
INV0004809 Invoice TRAVEL REIMBURSEMENT 2023 JPIA DIRECTOR MTG QUADIENT FINANCE USA INC 08/10/2023 400.00 101904
JUL23 7900 0440 8110 0954 Invoice POSTAGE FOR CITY HALLJULY 2023 SO CAL GAS 08/10/2023 1,016.84 101905
AUG23 006 514 2700 7 Invoice NATURAL GAS 5305 CARPINTERIA AVE APT B (POOL) AUG23 014 914 3239 7 Invoice NATURAL GAS 5103 CARPINTERIA AVE (FRIENDS OF LIBRA AUG23 016 913 9500 6 Invoice NATURAL GAS 5775 CARPINTERIA AVE (CITY HALL) AUG23 140 914 3084 4 Invoice NATURAL GAS 941 WALNUT AVE (VETS HALL) UNITED PET CARE 08/10/2023 51.50 101906
30022694 Invoice JUL23 PET INSURANCE PREMIUMS
YASHICA DIAZ 08/10/2023 (300.00) 101907
YASHICA DIAZ 08/10/2023 300.00 101907
INV0004810 Invoice VETS HALL REFUND OF EVENT DEPOSIT 7/22/23 MISSIONSQUARE 08/10/2023 8,137.95 101908
INV0004814 Invoice Deferred Compensation Contribution-Part Time Emp INV0004815 Invoice MissionSquareEmployee Contributions
INV0004816 Invoice MISSIONSQUARE Employee Contributions SEIU LOCAL 620 08/10/2023 261.12 101909
INV0004817 Invoice Employee Union Dues Contribution
UNITED WAY OF SANTA BARBARA COUNTY 08/10/2023 24.00 101910 INV0004818 Invoice Employee United Way Contribution
TRANSAMERICA EMPLOYEE BENEFITS 08/10/2023 1,270.66 101911 2505036931 Invoice JUN23 EMPLOYEE PREMIUMS
2505064037 Invoice JUL23 EMPLOYEE PREMIUMS

Page 2 ends

ADVANTAGE TELECO M
Invoice
08/17/2023 89.04 101912
AUG23 EMERGENCY PHONE LINE SERVICES
AMAZON CAPITAL SERVICES INC 08/17/2023 353.01 101913
13X3-6MPN-L91W
16FR-F39M-F6RH
16HR-WM31-6K6V
1DKQ-6LLQ-H3N7
1KXG-CMKL-FG96
1LWG-T4RL-7NJN
1MPJ-X34Y-9GNJ
1NN4-VVLD-73PD
1R7 J-KP93-KF9K
1RX1-7FCW-CYV7
Credit Memo
Invoice
Invoice
Invoice
Credit Memo
Invoice
Invoice
Invoice
Invoice
Invoice

BOOKS FOR LIBRARY RETURNED
ZIP BOOKS-S. GUTIERREZ

ADAPTER CABLE FOR COUNCIL PROJECTOR

SUPPLIES FOR SRP END OF PROGRAM PARTY-LIBRARY
ZIP BOOKS-S. GUTIERREZ RETURNED

TABLECLOTH FOR SKATE PARK UNVIEL
ZIP BOOKS-P. MILLER

SOFTBALLS FOR VIOLA PARK

BOOKS FOR LIBRARY

ADDRESS LABELS
287303896883X08102023
629527
629528
629564
629565
629569
947438
947439
947440
514523
514627
514844
AUG23 001 3011 028450702
7325948
7336410
C35411
8-213-34778
AUG23 805-566-1944-032923-5
AUG23 805-684-4314-063022-5
AUG23 805-684-7613-042205-5
INV0004819
150000257
SIN029815

AT&T MOBILITY
Invoice
08/17/2023 420.80 101914

BIG GREEN CLEANING COMPANY
Invoice AUG23 BIG GREEN CLEANING FY23-24
Invoice
Invoice
Invoice
Invoice
BLACK GOLD COOPERATIVE LIBRARY SYSTEM 08/17/2023
Invoice FY22/23 Q4 REIMBURSABLE BILLING
BROWNSTEIN HYATT FARBER SCHRECK 08/17/2023
Invoice PROFESSIONAL LEGAL SERVICES THROUGH 6/30/23
Invoice
Invoice

CAL TRANS
Invoice
CITY HALL MONTHLY CELL PHONE BILL-JULY 2023
AUG23 BIG GREEN CLEANING FY23-24
AUG23 BIG GREEN CLEANING FY23-24
AUG 23 BIG GREEN CLEANING FY23-24
AUG23 BIG GREEN CLEANING FY23-24
PROFESSIONAL LEGAL SERVICES THROUGH 6/30/23
PROFESSIONAL LEGAL SERVICES THROUGH 6/30/23

CITY'S PORTION-FREEWAY AGREEMENT DAMAGE

CARPINTERIA VALLEY LUMBER CO

EASY LIFT TRANSPORTATION
Invoice

ELITE GENERAL ENGINEERING
Invoice CARPINTERIA AVENUE AC DIGOUTS 6/22-6/26/23
FEDEX
Invoice
Invoice
Invoice

GILBERT PUNSALAN
Invoice

GRACE NOTE
Invoice

HDL SOFTWARE LLC
Invoice
AUG23 EASY LIFT FY23-24

FREIGHT TO RETURN LOST LAPTOP

FRONTIER COMMUNICATIONS
Invoice AUG23 PHONE & INTERNET-BEACH STORE
08/17/2023
08/17/2023
08/17/2023
Invoice PAINT FOR GRAFFITI AT AMTRAK BIKE RACK
Invoice EPOXY FOR LIBRARY CART WHEELS
Invoice SUPPLIES FOR BEACH TRI - EVENT
COAST AUTO PARTS INC 08/17/2023
Invoice PARTS FOR UNIT 321, WINDSHIELD WASH
COASTAL VIEW NEWS 08/17/2023
Invoice BIKE SAFETY AD 8/3/23
COX BUSINESS 08/17/2023
Invoice AUG23 VETS HALL INTERNET SERVICES
CXT INCORPORATED 08/17/2023
Invoice COMPLETE RESTROOM BUILDING FOR SKATE PARK
DEMCO INC 08/17/2023
Invoice CHARGING TABLE, BOOK LABELS, COVERS
Invoice THERMAL PAPER, RIBBON FOR PRINTER
Credit Memo BIBLIOTHECA TAGS RETURNED
08/17/2023
08/17/2023
08/17/2023
08/17/2023
AUG23 PHONE & INTERNET SERVICES FOR LIBRARY
AUG23 PHONE & INTERNET FOR LG TOWER & BOATHOUSE
08/17/2023
PETTY CASH REPLINISHMENT 8/17/23
08/17/2023
JUL23 LISTING DISTRIBUTION SERVICES-GATV
08/17/2023
JUN23 NEW BL/STR PROCESSED
13,833.00 101915
965.98 101916
72,483.83 101917
334,481.84 101918
245.89 101919

67.55 101920
272.00 101921
135.99 101922
64,511.52 101923
849.68 101924
1,000.00 101925
18,375.50 101926

15. 73 101927
365.23 101928
186. 74 101929

73.45 101930
450.84 101931
HOME DEPOT CREDIT SERVICES 08/17/2023 492.43 101932

Page 3 ends

9611 5~ Invoice TO OL S, CUTT ING BLADES, TIE DOWN STR APS LASH CO NSTR UCTION INC 08/17/2023 333,089.95 10 1933
11685 Invoice JUN23 CO NSTR UCTION FOR SKATE PARK
MCCO RMIX CO RP 08/17/2023 317.45 10 1934
877 7 Invoice FUEL FO R CITY VEHICLES
MISSION UNIFO RM SER VICE 08/17/2023 243.53 10 1935
51975977 1 Invoice MAT REPLACEMENT AT POOL 7/31/23
519759772 Invoice MAT REPLACEMENT, UNIFORM CLEANING 7/31/23 519759773 Invoice MAT REPLACEMENT AT LIBRARY 7/31/23
519759774 Invoice TOWEL & MAT REPLACEMENT-CITY HALL 7/31/23 MRS ENVIRONMENTAL INC 08/17/2023 33,175.00 101936
600-2023-07 Invoice JUL23 OIL & GAS ON CALL ENVIRONMENTAL SERVICES POLICORE INC. 08/17/2023 4,630.58 101937
403163 Invoice IT SERVICES/EQUIPMENT-CITY HALL JULY 2023 ROCKWELL PRINTING 08/17/2023 79.31 101938
42512 Invoice AUGUST 23 BUSINESS CARDS
SANTA BARBARA COUNTY SHERIFFS DEPT 08/17/2023 452,600.00 101939 1889 Invoice AUG23 CONTRACTED LAW ENFORCEMENT SERVICES
SANTA BARBARA PEST CONTROL 08/17/2023 95.00 101940
161813 Invoice JUL23 PEST CONTROL AT POOL
SHOWSCAPES 08/17/2023 18,500.00 101941
388333372 Invoice AUG23 SHOW SCAPES MAINTENANCE FY23-24 SIGNARAMA VENTURA 08/17/2023 471.76 101942
INV0004840 Invoice PROJECT PL-17-1874 CLOSE OUT
SITEONE LANDSCAPE SUPPLY (ALL AROUND) 08/17/2023 44.18 101943 132642556-001 Invoice GARDEN VALVE, HOSE SWIVEL FOR PARKS 133375244-001 Invoice PVC MATERIAL FOR L.G. TOWER REPAIR SMARDAN HATCHER COMPANY 08/17/2023 1,157.69 101944
S3989875.001 Invoice TWO SLOAN TOILET VALVES FOR CITY HALL BATHROOM SO CA EDISON 08/17/2023 15. 78 101945
JUL23 700474689651 Invoice JUL23 ELECTRICITY-4683 9TH ST ST JOSEPH CATHOLIC CHURCH 08/17/2023 500.00 101946
INV0004820 Invoice CLEANING DEPOSIT REFUND
STUDENT TRANSPORTATION OF AMERICA 08/17/2023 785.00 10194 7 70220174 Invoice TRANSPORTATION FOR J.G. TO EAST BEACH 7/14/23 THE FLAG FACTORY 08/17/2023 403.52 101948
31313 Invoice 2 US FLAGS, 1 CALIFORNIA FLAG
THE WHARF 08/17/2023 288.08 101949
94782 Invoice SAFETY BOOTS, SHIRTS, SOX-L. ZAMORA
TRACSERVICES 08/17/2023 331.56 101950
INV0004839 Invoice PROJECT PL-21-2109 CLOSE OUT
TRI-CO REPROGRAPHICS 08/17/2023 59.22 101951
183949 Invoice SCANNING, DEBI ND REBIND, FILE RENAME 8/4/23 183950 Invoice SCANNING, DEBI ND REBIND, FILE RENAME 8/4/23 183951 Invoice SCANNING, STAPLE, FILE RENAME 8/4/23
184173 Invoice SCANNING, DEBI ND REBIND, FILE RENAME 8/9/23 UNIQUE MANAGEMENT SERVICES INC 08/17/2023 65.00 101952
6115678 Invoice JUL23 NEW PLACEMENTS
UNITED PET CARE 08/17/2023 51.50 101953
30023294 Invoice AUG23 PET INSURANCE PREMIUMS
VILLAGE POOL SUPPLY 08/17/2023 839.99 101954
46360 Invoice TEST STRIPS FOR POOL 7/19/23
46370 Invoice ACID FOR POOL 7/20/23
46498 Invoice ACID FOR POOL 8/3/23
VOGUE SIGN COMPANY 08/17/2023 359.60 101955
INV0004838 Invoice PROJECT PL-18-1937 CLOSE OUT
WEST TREND 08/17/2023 2,274.60 101956
21615 Invoice BEACH STORE INVENTORY
WSP USA ENVIRONMENT & INFRASTRUCTURE INC. 08/17/2023 2,636.70 101957 S79100123 Invoice DUNE & SHORELINE PROJECT SERVICES THROUGH 6/30/23

Page 4 ends

ZWORLD GIS
Invoice
08/17/2023 2,977.00 101958
JUL23 MAPPING/GIS SERVICES
113N-WKP3-PHG3
11N7-NFNG-6QYF
11NK-43VF-3LYG
13H3-X6CG-JJDC
13H6-XYT7-NT1D
13TV-KPKL-GNJX
16HY-TT4P-VNGR
16XD-WNDW-7P4P
17HX-XY7M-XMQH
17TD-19PM-WJJM
1CPH-Q3TR-33KX
1D4G-PRTC-3X7V
1FPN-GFL9-9QTK
1G93-WKXD-YKXG
lGPl-PPlW-QRDL
1HWL-K73M-4PHQ
1J6V-FWLN-6JXM
1JLF-XYWJ-4JFQ
lJWY-LKKQ-NXRP
1JXN-7TDP-P3VL
1KDW-7PHX-NQCT
1KRD-317N-3W3M
1KRD-317N-6GDH
1KVD-KQWD-WJ3F
1L7M-DY6T-F1JG
1MF3-6NJN-KJMM
1MFR-T1RX-PW4K
lMFR-TlRX-Ql VR
1N9X-WXKY-4 79M
1NCX-TT9K-DXNV
1PGJ-H6MV-7K46
1PVY-YJHP-K9VT
1Q1D-39CG-YX4T
1RL3-MYJY-KP71
1RXG-HHQ1-3RCY
1 V4R-XTRD-NY77
1 V6R-PYY1-KWVC
1VC4-JW19-PG7K
1 VMP-6DL1-9LQ9
1VNG-NKJD-W7JN
1W9P-9KJD-DGLV

AMAZON CAPITAL SERVICES INC
Invoice ZIP BOOKS-A. ROBERTSON
07/20/2023 4,121.43 APA002056
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Credit Memo
Invoice
Invoice
Credit Memo
Credit Memo
Invoice
Credit Memo
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Credit Memo
ARB Q2 2023

AMY BLAKEMORE
Invoice
ZIP BOOKS-M. BOERSEMA

BOOKS FOR LIBRARY

ROTATING BOOKSHELF FOR LIBRARY
ZIP BOOKS-G. CARDENAS
2 SELF INKING SCANNED STAMPS
ZIP BOOKS-M. PERRY
ZIP BOOKS-C. POSTMA

BOOKS FOR LIBRARY

BOOKS FOR LIBRARY-RETURNED

SUPPLIES FOR LIBRARY
ZIP BOOKS-S. LUCICH

BOOKS FOR LIBRARY-RETURNED

BOOKS FOR LIBRARY RETURNED

BOOKS FOR LIBRARY

BOOKS FOR LIBRARY-RETURNED
ZIP BOOKS-M. PERRY
ZIP BOOKS-S. KELSEY
ZIP BOOKS-A. DEVAN
ZIP BOOKS-A. FREEMAN

BOOKS FOR LIBRARY

BOOKS FOR LIBRARY
ZIP BOOKS-M. GARCIA
ZIP BOOKS-K. STOKES

VOYAGE OF THE CORMORANT LIBRARY PROGRAM SUPPLIES
ZIP BOOKS-R. LESSER

BOOKS FOR LIBRARY
VERTICAL LIFT DESK FORM. OLIVAS

BOOKS FOR LIBRARY
SUPPLIES FOR 1 YEAR LIBRARY CELEBRATION

CRAFT MATERIAL FOR LIBRARY

BOOKS FOR LIBRARY

ANTI FITIGUE FLOOR MAT FOR LIBRARY

SUPPLIES FOR LIBRARY
OTTER BOX FOR !PHONES RETURNED
07/20/2023
ARCHITECTURAL REVIEW BOARD APR-JUN 2023

25.00 APA002057

BENNER AND CARPENTER INC
Invoice SURVEYING SERVICES THROUGH 5/31/2023
07/20/2023 1,060.00 APA002058

BRAD STEIN
Invoice
07/20/2023 25.00 APA002059
ARB Q2 2023 ARCHITECTURAL REVIEW BOARD APR-JUN 2023
942509
942658
942669
942670
942675
BROWNSTEIN HYATT FARBER SCHRECK 07/20/2023
Invoice PROFESSIONAL LEGAL SERVICES THROUGH 5/31/2023
Invoice PROFESSIONAL LEGAL SERVICES THROUGH 5/31/2023
Invoice
Invoice
Invoice

CA DEPT OF JUSTICE
Invoice
PROFESSIONAL LEGAL SERVICES THROUGH 5/31/2023
PROFESSIONAL LEGAL SERVICES THROUGH 5/31/2023
PROFESSIONAL LEGAL SERVICES THROUGH 5/31/2023
07/20/2023
JUN23 FINGERPRINT APPLICATIONS
52,415.00 APA002060

32.00 APA002061
511662
511998
512017
512018
512068
512299
512316
512558

CARPINTERIA VALLEY LUMBER CO
Invoice INSECT SPRAY, HARDWARE FOR POOL
07/20/2023 543.79 APA002062
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice

MATERIAL FOR BEACH PLATFORM

HARDWARE FOR BEACH PLATFORMS

HARDWARE FOR BEACH

HARDWARE FOR MEMORIAL PARK PLAYGROUND

SUPPLIES FOR BEACH AQUATICS

COAST AUTO PARTS INC
Invoice
07/20/2023 5. 76 APA002063
BATTERY CABLE TERMINAL FOR UNIT B-2
COASTAL VIEW NEWS 07/20/2023 272.00 APA002064

Page 5 ends

Invoice HOST AD 6/29/23
CU UN I Y ~ANI IAI IUN CO MPANY INC SJ ~WAKIS & SELZEK PLUMBING Invoice CLEAR MAINLINE AT VETS HALL 6/30/23
07/20/20B 410.00 APA002065
PC Q2 2023

DAVID ALLEN
Invoice

DEMCO INC
Invoice

DOCUPRODUCTS
Invoice

EMPATH IA PACIFIC INC
Invoice
FRONTIER COMMUNICATIONS 07/20/2023
JUL23 805-566-1944-032923-5
JUL23 805-684-4314-063022-5
JUL23 805-684-7613-042205-5
PC Q2 2023
Invoice
Invoice
Invoice

GLENN DLA FEVERS
Invoice
SIN026904

HINDERLITER DE LLAMAS
Invoice

HOME DEPOT CREDIT SERVICES
2623540
5901421
6622504
Invoice
Invoice
Invoice
PC Q2 2023

JANEL BENEFIELD
Invoice
PC Q2 2023

JOHN MOYER
Invoice
356502 - PPU
KANOPY
Invoice
PC Q2 2023

KATHERINE SALANT
Invoice

LASH CONSTRUCTION INC
Invoice
LIN CONSULTING INC.

Invoice
519587552
519627255

MISSION UNIFORM SERVICE
Invoice
Invoice

NGU DRONE PHOTOGRAPHY LLC
Invoice
ARB Q2 2023

PATRICK O'CONNOR
Invoice
07/20/2023
PLANNING COMMISSION MEETINGS APR-JUN 2023
07/20/2023

LIBRARY BOOK SUPPLIES
07/20/2023
CANON DX47511/C57601I COPIER METER CHARGS Q2 23
07/20/2023
JULY23-SEPT23 EAP SERVICES
JUL23 PHONE & INTERNET-BEACH STORE
JUL23 PHONE & INTERNET SERVICES FOR LIBRARY
JUL23 PHONE & INTERNET FOR LG TOWER & BOATHOUSE
07/20/2023
PLANNING COMMISSION MEETINGS APR-JUN 2023
07/20/2023
CONTRACT & AUDIT SERVICES-TRANSACTION TAX Q3 2022

TOOLS FOR PLATFORM WORK

PRESSURE WASHER FOR GRAFFITI
2 NEW DRILLS FOR SIGN WORK/ELECTRICAL METER
PLANNING co~.AM!SSION MEETINGS APR-JUN 2023
07/20/2023
PLANNING COMMISSION MEETINGS APR-JUN 2023
07/20/2023
JUN23 LIBRARY VIDEOS
07/20/2023
PLANNING COMMISSION MEETINGS APR-JUN 2023
07/20/2023
MAY23 CONSTRUCTION FOR SKATE PARK
07/20/2023
JUN23 ENGINEERING CARP & PALM AVE INTERSECTION
07/20/2023
TOWEL & MAT REPLACEMENT-CITY HALL 7/3/23
TOWEL & MAT REPLACEMENT-CITY HALL 7/10/23
6/30/23 DRONE VIDEO SERVICES
07/20/2023
ARCHITECTURAL REVIEW BOARD MEETINGS APR-JUN 2023
PLANNING & DEVELOPMENT-COUNTY OF SANTA BARBARA 07/20/2023 INV0004766 Invoice
ARB Q2 2023

RICHARD A LITTLE
Invoice
ARB Q2 2023

RICHARD E JOHNSON
Invoice
1405
7339
9186
9646
RISDON'S 76 SERVICE
Invoice
Invoice
Invoice
Invoice
07/20/2023
07/20/2023
07/20/2023
JUN23 COUNTY PLANNING CHECKS FOR RINCON MULTI USE
07/20/2023
ARCHITECTURAL REVIEW BOARD MEETINGS APR-JUN 2023
07/20/2023
ARCHITECTURAL REVIEW BOARD MEETINGS APR-JUN 2023
07/20/2023
CAR WASH FOR F550 FLATBED 6/29/23
CAR WASH FOR FUSION 6/20/23
CAR WASH FOR CODE COMPLIANCE-HM 6/24/23
CAR WASH FOR CODE COMPLIANCE-HM 6/25/23

60.00 APA002066
1,770.43 APA002067
157.53 APA002068
600.00 APA002069
365.23 APA002070
120.00 APA002071
300.00 APA002072
1,537.53 APA002073
120.00 APA002074
120.00 APA002075

59.00 APA002076
120.00 APA002077
298,982.10 APA002078
11,407.56 APA002079
103. 78 APA002080
985.00 APA002081
SO.OD APA002082
446.40 APA002083

50.00 APA002084

75.00 APA002085
140.00 APA002086
ROADLINE PRODUCTS INC USA 07/20/2023 3,363.00 APA002087 Invoice 8 - 12X36 PEDESTRIAN CROSSING SIGN

ROCKWELL PRINTING
Invoice

ROY HARTHORN
Invoice
07/20/2023 286.98 APA002088
JULY23 BUSINESS CARDS
07/20/2023 4,243.08 APA002089
JUN23 PLAN CHECK SERVICES

Page 6 ends

HARDWARE FOR POOL MAINTENANCE REPAIR
Payment Date Payment Amount Number
Payable#
513567
Invoice
Vendor Name
Payable Type
Invoice
60112
60154
60155

COASTAL VIEW NEWS
Invoice
Invoice
Invoice
DEWBERRY ENGINEERS INC.

Invoice

EASY LIFT TRANSPORTATION
Invoice

FLOWERS & ASSOCIATES INC
Invoice
9764809084
9764952538

GRAINGER
Invoice
Invoice
INV0004771

JAYNE DIAZ
Invoice
INV0004772

LARRY DRIGGERS
Invoice

LARRY NIMMER
Invoice
9310741464

LAWSON PRODUCTS INC
Invoice

MARBORG INDUSTRIES
Invoice
INV0004773

MARY ANN COLSON
Invoice

MCCORMIX CORP
Invoice
519587539
519587551

MISSION UNIFORM SERVICE
Invoice
Invoice
OPTONY INC.

Invoice
Payable Description

WOOD FOR EL CARRO PARK REPAIR
07/27/2023
ABOP ADVERTISING 07/06/23
ADOPTED ORDINANCE ADVERTISING 07/13/23
ANNUAL FIRE DIF REPORT ADVERTISING 07/13/23
07/27/2023
MAY23-JUN23 SERVICES FOR CARP AVE BRIDGE PROJECT
07/27/2023
JUL23 COMMUNITY TRANSPORTATION SERVICES
07/27/2023
JUN23 ENGINEERING SERVICES FOR PALM X CARP AVE
07/27/2023

BLANK PLUGS FOR VIOLA PARK

DOOR CLOSER FOR VIOLA PARK
07/27/2023
AUG23 MEDICAL REIMBURSEMENT
07/27/2023
AUG23 MEDICAL REIMBURSEMENT
07/27/2023
JULY 4TH 2023 & 2023 ROD & ROSES VIDEO MONTAGE
07/27/2023

CABLE TIES, TOOLS, HEX NUTS FOR PUBLIC WORKS STOCK
07/27/2023
JUL23 RENT PORTABLE RESTROOMS & PARKING LOT 1
07/27/2023
AUG23 MEDICAL REIMBURSEMENT
07/27/2023

FUEL FOR CITY VEHICLES
07/27/2023
MAT REPLACEMENT AT LIBRARY 07/03/23
MAT REPLACEMENT, UNIFORM CLEANING 07/03/23
07/27/2023
MAY23-JUN23 DESIGN SERVICES FOR CITY SOLAR PROJECT
147674149359

PACIFIC MATERIALS LABORATORY
Invoice MATERIAL INSPECTION TESTING FOR SKATEPARK
PACIFIC PLUMBING SPECIALITIES 07/27/2023
Invoice FAUCET REPLACEMENT AT CITY POOL

PRIESTMAN ELECTRIC
Invoice
Invoice
2277-02-0623
2911-01-0623

RRM DESIGN GROUP
Invoice
Invoice
Invoice
388333130

SHOWSCAPES
Invoice
131864832-001 Invoice
388332983
388333253

TREESCAPES
Invoice
Invoice
182573
182641
182819

TRI-CO REPROGRAPHICS
Invoice
Invoice
Invoice

ELETRIC WORK FOR BLUFFS II TRAIL

ROADLINE PRODUCTS INC USA
07/27/2023
07/27/2023
07/27/2023

SIGN CONTROLLER AND AMBER LIGHT
07/27/2023
MAY23 DOWNTOWN DESIGN OVERLAY FOR ADU PROTOTYPES
JUN23 DESIGN SERVICES FOR FRANKLIN CREEK TRAIL IMP
SANTA BARBARA COUNTY SHERIFFS DEPT 07/27/2023
JUL23 CONTRACTED LAW ENFORCEMENT SERVICES
07/27/2023
JUL23 SHOW SCAPES MAINTENANCE FY23-24
SITEONE LANDSCAPE SUPPLY (ALL AROUND) 07/27/2023

PVC PIPES FOR DOWNTOWN BANNERS
07/27/2023
TREE SERVICES AT MEMORIAL PARK 06/22/23
EL CARRO PARK TREE MAINTENANCE 07/12/23
07/27/2023
24X36 PRINT WITH STAPLES 07/12/23
COLOR SCANNING, PDF EXTRACT, FILE RENAME 07/13/23
COLOR SCANNING, PDF EXTRACT, FILE RENAME 07/17/23
662.00 APA002110
36,986.06 APA002111
1,000.00 APA002112
995.00 APA002113
174. 70 APA002114
691.61 APA002115
691.61 APA002116
715.00 APA002117
498.86 APA002118
979.20 APA002119
691.61 APA002120
223.33 APA002121
160.07 APA002122
1,356.00 APA002123
11,370.00 APA002124
735.91 APA002125
550.00 APA002126
2,192.35 APA002127
12,294.04 APA002128
452,600.00 APA002129
18,500.00 APA002130

8.20 APA002131
8,190.00 APA002132
180.60 APA002133

Page 8 ends

SITEO NE LANDSCAPE SUPPLY (ALL AROUND) 07/20/2023 11 7.65 APA002090 13 2148394-001 Invoice
JUN23 700405192484
JUN23A 7004746896 51
35413 04078
3541537255
35415372 57
182421
182422
182423
182424
182506
18260,2
182607
182608
6113 512
611 4577
3610070SBP1
8176096 3
81815477
1MTK-K94Y-RVP7
1T TK-1L RQ-V9HL
1 WNG-VPYD-NCWK
892317404
500605513 FY24
627638
627639
627673
627674
627 678
628698

SO CA ED ISON
Invoice
Invoice

STAPLES ADVANTAGE
Invoice
Invoice
Invoice

TKM ENGINEER ING
Invoice
Invoice

TRI-CO REPROGRAPHICS
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice

UNIQUE MANAGEMENT SER VICES INC
Invoice
Invoice

VITAL RECO RDS CO NTROL
Invoice

WAXIE SANITARY SUPPLY
Invoice
Invoice
WEST COAST ARBORISTS INC 07/20/2023
Invoice ARBORIST SERVICE VARIOUS LOCATIONS 5/25-5/26/23 ACCESS CONTROL SECURITY INC.

Invoice

AG ENT INC
Invoice
Invoice

BOW RAKE, ROUND SHOVEL FOR BEACHES
07/20/2023
JUN23 ELECTRICITY-MULTIPLE LOCATIONS
JUN23 ELECTRICITY-4683 9TH ST
07/20/2023

FILE FOLDERS & STORAGE BOXES FOR CITY HALL

OFFICE SUPPLIES FOR CITY HALL

PICTURE HANGERS FOR CITY HALL
07/20/2023
JUN23 STAFF AUGMENTATION SERVICES
JUN23 STAFF AUGMENTATION SERVICES
07/20/2023
SCANNING SMALL FORMAT, DEBIND, REBIND 7/11/23
SCANNING SMALL FORMAT, DEBIND, REBIND 7/11/23
SCANNING SMALL FORMAT, DEBIND, REBIND 7/11/23
SCANNING SMALL FORMAT, DEBIND, REBIND 7/11/23
SCANNING SMALL FORMAT, PDF EXTRACT 7/12/23
SCANNING SMALL FORMAT, FILE RENAME 7/13/23
SCANNING SMALL FORMAT, FILE RENAME 7/13/23
SCANNING SMALL FORMAT, FILE RENAME 7/13/23
MAY23 NEW PLACEMENTS
JUN23 NEW PLACEMENTS
JUN23 CONTRACTED SHREDDING SERVICES
DOG WASTE BAGS 6/6/23
BATH TISSUE, CLEANER 6/30/23
SECURITY AT VETS HALL 06/17/23, 06/24/23
07/27/2023
BACKFLOW TESTING AT PUBLIC RESTROOMS 06/26/23
BACKFLOW TESTING AT PUBLIC RESTROOMS 06/29/23

AMAZON CAPITAL SERVICES INC
Invoice
Invoice
Credit Memo

AMERICAN FOOD CORP
Invoice
ASCAP
Invoice

LIQUID IV FOR PW MAINTENANCE EMPLOYEES

BINGO CARDS FOR LIBRARY PROGRAMS

CREDIT FOR BOOK RETURN

ICE CREAM FOR RESALE AT POOL
07/27/2023
FY23-24 LICENSE FEE

BIG GREEN CLEANING COMPANY
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice

BMI MUSIC PERFORMANCE AGREEMENT
07/20/2023
07/20/2023
07/20/2023
07/27/2023
07/27/2023
07/27/2023
07/27/2023
JUL23 BIG GREEN CLEANING FY23-24
JUL23 BIG GREEN CLEANING FY23-24
JUL23 BIG GREEN CLEANING FY23-24
JUL23 BIG GREEN CLEANING FY23-24
JUL23 BIG GREEN CLEANING FY23-24
CREEK PARK HOMELESS ENCAMPMENT CLEAN UP 06/28/23
07/27/2023
Invoice MUSIC PERFORMANCE AGREEMENT FEES FY23-24

CAL-COAST MACHINERY INC
Invoice
Invoice
CANNON
Invoice
Invoice

VEHICLE STARTER SERVICES FOR BEACH TRACTOR

CALIFORNIA GREEN BUSINESS NETWORK
07/27/2023
07/27/2023
FY24 GREEN BUSINESS PROGRAM CONTRIBUTIONS
07/27/2023
PROJECT MANAGEMENT THROUGH 06/30/23-0470 ABANDONME
PROJECT MANAGEMENT THROUGH 06/30/23-700 LINDEN AVE
9,430.47 APA002091
180.74 APA002092
682.50 APA002093

45.45 APA002094
126.40 APA002095

33.15 APA002096
1,822.07 APA002097
1,288.00 APA002098
474.21 APA002099
2,910.86 APA002100
142.97 APA002101
110.90 APA002102
435.00 APA002103
14,318.00 APA002104
421.00 APA002105

42.29 APA002106
829.15 APA002107
7,396.25 APA002108
512300
512466
512902

CARPINTERIA VALLEY LUMBER CO
Invoice HARDWARE FOR VETS BUILDING REPAIR
07/27/2023 130.47 APA002109
Invoice
Invoice

CAUTION TAPE FOR JG REGIONALS

PLUGS FOR BEACH REPAIR

Page 7 ends

Invoice
Invoice
COLOR SCANNING SMALL FORMAT, PDF EXTRACT 07/17/23
COLOR SCANNING, PDF EXTRACT, FILE RENAME 07/17/23

WEST COAST ARBORISTS INC
Invoice FY23 TREE MAINTENANCE 06/16/23-06/30/23

WESTERN EXTERMINATOR COMPANY
Invoice JUL23 PEST CONTROL AT VETS HALL 7/10/23
07/27/2023 14,525.00 APA002134
07/27/2023 73.25 APA002135

ALOE UP
Invoice
08/03/2023 739.18 APA002136

SUN SCREEN SUPPLIES FOR POOL RESALE
AMAZON CAPITAL SERVICES INC 08/03/2023 1,508.55 APA002137 111C-RVXV-97GF
1171-F6LD-64FJ
11KF-K9YC-1C6P
1699-LCMP-DD7T
16W6-MGKY-CCKM
19WF-NFT7-4LTX
1DWW-M6FR-NQ7Y
1FDF-GP3Y-C3ML
1FF3-7791-F4TP
1GJF-R67N-YHM7
1GKL-L4RP-TG7D
1HXT-P47M-DNM6
1KPW-3NCJ-V1QH
1L9L-XMJJ-69VK
1MTK-K94Y-6FVN
1MTK-K94Y-VGW3
1N19-VQTV-VGHG
1N91-1YRH-G6QQ
1N91-1 YRH-GN7F
1NM6-F6WK-VN3L
1NVM-JVDH-61TJ
1PXQ-7CFL-LN36
1Q6Q-1CXW-F19C
1QXV-7YD7-9YTL
1TN7-HYP7-DG1J
1VJ3-6XXJ-WDGW
lVNJ-MPND-MFKG
1VVC-36LT-74R6
1 YK3-3WDY-V7XQ
1 YKX-Y731-C9QQ
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Credit Memo
Invoice
Credit Memo
Invoice
Invoice
Credit Memo
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Credit Memo
Invoice
Invoice
Invoice
Invoice

AMERICAN SILKSCREEN INC
Invoice

A-OK POWER EQUIPMENT
Invoice

HYDRATION POWDER PACKETS FOR PW CREW
ZIP BOOKS-L. FRIEDMAN
ZIP BOOKS-C. LOGAN

COSTUMES FOR LIBRARY

BOOKS FOR LIBRARY
ZIP BOOKS-R. BOLDROFF
ZIP BOOKS-D. JAYNES

BOOKS FOR LIBRARY

D RING BINDERS, MAGNIFYING LENS FOR TODDLERS
ZIP BOOKS-J. FRIEDMAN (NEVER ARRIVED)
ZIP BOOKS-S. WEST

D RING BINDERS, MAGNIFYING LENS FOR TODDLERS

BOOKS FOR LIBRARY
ZIP BOOKS-J. ARQUILEVICH

BOOKS FOR LIBRARY RETURNED

FOIL TAPE, SPRAY BOTTLE

BATTERIES, MEGAPHONE FOR LIBRARY
ZIP BOOKS-G. FURUTA
ZIP BOOKS-B. YOUNG

ANTI FATIGUE MATS OLIVAS/ROBINSON
ZIP BOOKS-D. THOMAS

REGAL RAPID SET SHUTTER BINGO CARDS FOR LIBRARY
ZIP BOOKS-L. WAGNER

D RING BINDERS, MAGNIFYING LENS FOR TODDLERS

BOOKS FOR LIBRARY
ZIP BOOKS-M. GARCIA RETURNED

USB HUBS FOR MACBOOKS

BOOKS FOR LIBRARY

BOOKS FOR LIBRARY
08/03/2023

ART CHARGES FOR TRITONS/POOL
08/03/2023

MIXED FUEL & LINES FOR POWER EQUIPMENT
571.49 APA002138
183.67 APA002139
24-390
24-396
24-402
BLACK GOLD COOPERATIVE LIBRARY SYSTEM 08/03/2023
Invoice FY23/24 1ST QTR CONTRIBUTION, HOOPLA, HOTSPOT
Invoice FY23/24 MOVIE LICENSING FEE
Invoice

CAL TRANS
Invoice
CANNON
Invoice
FY23/24 CALPERS UAL
08/03/2023
APR-JUN23 SIGNAL & LIGHTING BILLING
08/03/2023
JUN23 DESIGN SVCS FOR 2022 PAVEMENT REHABILITATION
CANON FINANCIAL SERVICES INC 08/03/2023
Invoice JUL23 CHARGES FOR CANON 5760 & B&W 6275
CARPINTERIA VALLEY LUMBER CO 08/03/2023
513703
513992
513993
514184
Invoice
Invoice
Invoice
Invoice
TAPE MEASURE FORT. SMITH

PORCAFIX, MOUNTING TAPE FOR CITY HALL

SUPPLIES FOR PUBLIC WORKS SHOP

HARDWARE FOR EL CARRO PARK
INV0004791
CITY OF SANTA BARBARA CD-RH MP 08/03/2023
Invoice 4TH QUARTER FY22/23 RENTAL HOUSING MEDIATION
17,414.00 APA002140
3,023.87 APA002141
24,544.50 APA002142
1,249.52 APA002143
114.12 APA002144
4,293.00 APA002145

COASTAL VIEW NEWS
Invoice
Invoice

CPS HR CONSULTING
Invoice
08/03/2023 301.00 APA002146
CPIC MEETING AD 7/20/23
FIRE MITIGATION FEE AD 7/20/23
08/03/2023 75.00 APA002147
APR-JUN23 HR RESOURCE SUPPORT
GRAINGER 08/03/2023 138.06 APA002148

Page 9 ends

9775589964 Invoice PARTS FOR CITY HALL FRONT DOOR
9781891511 Invoice BROOMS, DUST PANS FOR DOWNTOWN T AREA SITEONE LANDSCAPE SUPPLY (ALL AROUND) 08/03/2023 116.86 APA002149 132373825-001 Invoice IRRIGATION PARTS FOR VIOLA FIELDS SO CA EDISON 08/03/2023 10,108.63 APA002150
JULLl /00163777874 Invoice JUL23 ELECTRICITY-6145 CARPINTERIA AVE JUL23 700247140684 Invoice JUL23 ELECTRICITY-1 CARPINTERIA TCl JUL23 700291369452 Invoice JUL23 ELECTRICITY-MULTIPLE LOCATIONS JUL23 700465507084 Invoice JUL23 ELECTRICITY-4950 9TH ST BT HM STAPLES ADVANTAGE 08/03/2023 113.87 APA002151
3542275962 Invoice COPY PAPER 7 /8/23
TRAFFIC TECHNOLOGIES LLC 08/D3/2023 649.82 APA002152
44603 Invoice MATERIALS FOR STREE LEGEND PAINTING
TRI-CO REPROGRAPHICS 08/03/2023 41.06 APA002153
183377 Invoice SCANNING SMALL FORMAT, FILE RENAME 7/26/23 183378 Invoice SCANNING SMALL FORMAT, FILE RENAME 7/26/23 183379 Invoice SCANNING SMALL FORMAT, DESTAPLE, RESTAPLE 7/26/23 183381 Invoice SCANNING SMALL FORMAT, PDF EXTRACT 7/26/23 183384 Invoice SCANNING SMALL FORMAT, FILE RENAME 7/26/23 WAXIE SANITARY SUPPLY 08/03/2023 2,295.71 APA002154
818~Ubb8 Invoice BATH TISSUE, DOG BAGS
81860420 Invoice TRASH BAGS
ZEE MEDICAL SERVICE CO 08/03/2023 1,093.73 APA002155
34-158352 Invoice FIRST AID SUPPLIES FOR ALL FACILITIES AT CITY HALL ALL LANGUAGES INTERPRETING & TRANSLATING INC. 08/10/2023 1,495.00 APA002156 29954 Invoice 2 INTERPRETERS FOR CC MTG 7 /10/23
29966 Invoice 2 INTERPRETERS FOR CC MTG 7 /24/23
AMAZON CAPITAL SERVICES INC 08/10/2023 2,708.73 APA002157 113Y-XK31-J477 Invoice ZIP BOOKS-T. FURUTA
11PX-DHMY-11FW Invoice CIRCLE LABELS FOR LIBRARY
13QH-TLRR-4Q1R Credit Memo BINGO CARDS FOR LIBRARY RETURNED 14MK-3CT1-1K4M Invoice BOOKS FOR LIBRARY
174C-YQNV-HX9J Invoice BOOKS FOR LIBRARY
174V-9CXM-DH1Q Invoice BOOKS FOR LIBRARY
17HQ-47MI-VP9Y Credit Memo MEGAPHONE FOR LIBRARY RETURNED 17PK-W744-7NNK Invoice BOOKS FOR LIBRARY
17PK-W744-PCDL Invoice ZIP BOOKS-S. LUCICH
17XK-HK6G-DCKN Invoice BOOKS FOR LIBRARY
17XK-HK6G-G7FX Invoice BOOKS FOR LIBRARY
1DGX-CHP9-HW1V Invoice SUPPLIES FOR BEACH LIFEGUARDS
1DT6-NG4L-9LQ7 Invoice CRAFT SUPPLIES FOR LIBRARY
1FGX-9VXT-4LP1 Invoice BOOKS FOR LIBRARY
1GQJ-6KNH-VDVL Invoice COMPUTER MONITOR REPLACEMENT CORD 1HF6-93HM-WPQ1 Invoice COMPUTER MONITOR REPLACEMENT CORD 1HGC-MCWX-YDL3 Invoice TONER CARTRIDGES FOR POOL
1HJM-JWW6-DJM6 Invoice OFFICE SUPPLY STOCK - CITY HALL
1KXV-TRQQ-MCG3 Invoice ZIP BOOKS-K. PETERSON
lKXV-TRQQ-PVTH Invoice ZIP BOOKS-M. GARCIA
lLFN-FKNK-PHTT Invoice CRAFT SUPPLIES FOR LIBRARY
1LKY-1NLV-K1F7 Invoice ZIP BOOKS-K. GRIFFIN
1LV3-WHYM-11FD Invoice BOOKS FOR LIBRARY
1NWR-9Y3Q-3W6J Invoice ZIP BOOKS-J. WEINBENDER
1QHR-F6HG-L4RY Invoice SUPPLIES FOR JUNIOR LIFEGUARDS
1QNT-VJFD-7QGD Invoice ZIP BOOKS-P. MILLER
1QXD-GQ,9X-Y7Ml Invoice ZIP BOOKS-J. CAMP
1W7L-RG4N-VT3Y Credit Memo CRAFT SUPPLIES FOR LIBRARY RETURNED 1XJM-WPDF-1KT4 Invoice BOOKS FOR LIBRARY
lXVC-lNGM-WVFW Invoice BOOKS FOR LIBRARY
1YD7-7JDD-JMRM Invoice ZIP BOOKS-C. PATTERSON
AMERICAN FOOD CORP 08/10/2023 151.56 APA002158
892320204 Invoice SNACKS FOR RESALE AT POOL
RA~lr 08/10/2013 116.8~ APA002159
IN2797444 Invoice JUL23 MONTHLY FSA ADMIN FEE
BIG GREEN CLEANING COMPANY 08/10/2023 1,516.00 APA002160 629229 Invoice PRESSURE WASH SEA SIDE PARK PATIO 7/13/23 629232 Invoice CITY HALL CARPET CLEANING 7/6/23
CARPINTERIA VALLEY LUMBER CO 08/10/2023 45.95 APA002161 513725 Invoice POOL STRAPS FOR JUNIOR LIFEGUARDS

Page 10 ends

514550 Invoice PLASTIC POST LEVEL FO R PARKS
CARPINTER IA VALLEY WATER DISTR ICT 08/10 /2023 18,809.00 APA002162 CARP CITY JULY SER VICE Invoice JUL23 -WATER FO R MULTIPLE LOCATIONS CO AST AUTO PARTS INC 08/10 /2023 52.63 APA002163
767499 Invoice MIRRORS FO R UNIT 326
CO ASTAL VIEW NEWS 08/10/2023 558.00 APA002164
60195 Invoice HOST PROGRAM AD 7/27/23
60196 Invoice NOTICE OF PLANNING COMMISSION MTG AD 7/27/23 COX BUSINESS 08/10/2023 784.28 APA002165
AUG23 001 3011 022093901 Invoice AUG23 CITY HALL TV & INTERNET SERVICE AUG23 001 3011 028030701 Invoice AUG23 POOL & GARDEN INTERNET-PHONE SERVICE DEMCO INC 08/10/2023 105.28 APA002166
7338003 Invoice EXTRA CD ALBUM PAGES, MAGNETIC SIGN HOLDER EVERYWHERE RIGHT NOW 08/10/2023 1,242.50 APA002167
3595 Invoice JUL23 WEBSITE PROGRAMMING FOR CITY HALL
FRONTIER COMMUNICATIONS 08/10/2023 155.43 APA002168
AUG23 209-188-2500-061589-5 Invoice AUG23 PHONE & INTERNET - LG TOWER KANOPY 08/10/2023 86.00 APA002169
359981- PPU Invoice JUL23 LIBRARY VIDEOS
LIEBERT CASSIDY WHITMORE 08/10/2023 22,383.08 APA002170 245078 Invoice PROFESSIONAL LEGAL SERVICES THROUGH 6/30/23 246998 Invoice PROFESSIONAL LEGAL SERVICES THROUGH 6/30/23 MCCORMIX CORP 08/10/2023 1,501.63 APA002171
664963 Invoice DIESEL FUEL FOR GENERATOR, TRACTOR #8
MISSION UNIFORM SERVICE 08/10/2023 563.58 APA002172
519663871 Invoice GARMENTS A. VEGA 7/17/23
519675333 Invoice MAT REPLACEMENT AT POOL 7/17/23
519675336 Invoice MAT REPLACEMENT AT LIBRARY 7/17/23
519675348 Invoice MAT REPLACEMENT, UNIFORM CLEANING 7/17/23 519675349 Invoice TOWEL & MAT REPLACEMENT-CITY HALL 7/17/23 519717876 Invoice MAT REPLACEMENT, UNIFORM CLEANING 7/24/23 519717877 Invoice TOWEL & MAT REPLACEMENT-CITY HALL 7/24/23 OVERDRIVE INC. 08/10/2023 2,350.37 APA002173
01352C023264123 Invoice JUL23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY REGIONAL GOVERNMENT SERVICES 08/10/2023 7,980.30 APA002174 15224 Invoice JUN23 CONTRACTED HR SERVICES SUPPORT
ROADLINE PRODUCTS INC USA 08/10/2023 1,738.27 APA002175 18883 Invoice WHITE PAINT FOR STOP SIGN LEGENDS
SANTA BARBARA PEST CONTROL 08/10/2023 140.00 APA002176
161256 Invoice JUL23 PEST CONTROL AT VETS HALL
SB COUNTY RESOURCE RECOVERY & WASTE MGMT 08/10/2023 648.30 APA002177 INV0004794 Invoice SB 1383 FOOD RECOVERY PLAN 1/1/23-6/30/23 SITEONE LANDSCAPE SUPPLY (ALL AROUND) 08/10/2023 33.18 APA002178 132751834-001 Invoice BLUE MARKING PAINT FOR PARKS
SO CA EDISON 08/10/2023 11,780.23 APA002179
JUL23 700201069122 Invoice JUL23-ELECTRICITY-101 ASH AVE JUL23 700230547624 Invoice JUL23 ELECTRICITY-5103 CARPINTERIA AVE JUL23 700255596559 Invoice JUL23 ELECTRICITY-100 LINDEN JUL23 700264659490 Invoice JUL23 ELECTRICITY-1115 LINDEN AVE B PED JUL23 700274833982 Invoice JUL23 ELECTRICITY-901 CACTUS LN EV EV JUL23 700405192484 Invoice JUL23 ELECTRICITY-MULTIPLE LOCATIONS JUL23 700477662295 Invoice JUL23 ELECTRICITY-901 CACTUS LN LGHT JUL23 700525378417 Invoice JUL23 ELECTRICITY-931 WALNUT AVE & 4851 5TH ST JUL23 700604790697 Invoice JUL23 ELECTRICITY-CAPP AV/CSTS PAS 609 SOLID WASTE SOLUTIONS INC 08/10/2023 3,810.25 APA002180 204 Invoice JUL23 WASTEWATER PROFESSIONAL SERVICES
THE WHARF 08/10/2023 163.89 APA002181
82272 Invoice SAFETY BOOTS-R. AISPURO
TKM ENGINEERING 08/10/2023 3,022.50 APA002182
1213 Invoice JUL23 PARKLETS/DOWNTOWN T PERMIT GUIDLINES TRAFFIC TECHNOLOGIES LLC 08/10/2023 104.33 APA002183
44592 Invoice RECHARGABLE WARNING STROBE UNIT 414

Page 11 ends

183648
183649
183650
183651

TR I-CO REPROGRAPHICS
Invoice
Invoice
Invoice
Invoice
025-432004
TYLER TECHNOLOGIES INC 08/10/2023
Invoice INCODE HARDWARE MAINTENANCE 4/1/23-3/31/24

UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA
23-240144
720230158
Invoice
Invoice

WAXIE SANITARY SUPPLY
Invoice
SCANNING SMALL ~UKMA I, HL~ K~NAME 8/1/23
SCANNING SMALL FORMAT, FILE RENAME 8/1/23
SCANNING SMALL FORMAT, FILE RENAME 8/1/23
SCANNING SMALL FORMAT, FILE RENAME 8/1/23
AUG23 CA STATE FEE FOR REGULATORY COSTS
AUG23 NEW TICKET CHARGES & DATABASE MAINTENANCE
08/10/2023

BATH TISSUE FOR CITY HALL
WESTAIRE HEATING & CONDITIONING INC 08/10/2023
Invoice REPAIR HEAT PUMP IN M. ROBERTS OFFICE 1/26/23
WILLDAN FINANCIAL SERVICES 08/10/2023
Invoice SERVICES-ASSESSMENT AUDIT SPECIAL DISTRICTS
9018249569
WILLIAMS SCOTSMAN INC.

Invoice
Cal PERS
Invoice
JUL23 LEASE FOR PARK & REC MOBILE OFFICE
07/27/2023
100000017215336 FY23-24 UNFUNDED ACCURED LIABILITY-CLASSIC EE 100000017215346
Cal PERS
Invoice
07/27/2023
FY23-24 UNFUNDED ACCURED LIABILITY-SAFETY
PR15 07 /27 /23
PR15 07 /27 /23
PR15 07 /27 /23
07 /08/23-07 /21/23 PEPRA
07 /08/23-07 /21/23 CLASSIC
AUG23 PREMIUMS
AUG23 PREMIUMS CC
PR15 07 /27 /23 M.G
PR15 07 /27 /23 M.G
PR15 07 /27 /23 M.G
PR16 08/10/23
PR16 08/10/23
08/10/2023
08/10/2023
08/10/2023
PR16 08/10/23
07 /22/23-08/04/23 CLASSIC
07 /22/23-08/04/23 PEP RA
INTERNAL REVENUE SERVICE 07/27/2023
Invoice PR15 07/24/23 FEDERAL TAX PAYMENT
EDD-SIT 07/27/2023
Invoice PR15 07/27/23 SIT TAXES
EDD-SDI 07/27/2023
Invoice PR15 07 /27 /23 SDI TAXES
Cal PERS 07/27/2023
Invoice PEPRA RETIREMENT 07/08/23-07/21/23 PR15
Cal PERS 07/27/2023
Invoice CLASSIC RETIREMENT 07/08/23-07/21/23 PR15
CalPERS HEALTH 08/03/2023
Invoice AUG23 HEALTH PREMIUMS
CalPERS HEALTH 08/03/2023
Invoice AUG23 HEALTH PREMIUMS CC
INTERNAL REVENUE SERVICE 07/27/2023
Invoice PR15 07/27/23 FEDERAL TAX PAYMENT-M.G PAYROLL CORR

EDD-SIT
Invoice

EDD-SDI
Invoice

EDD-SIT
Invoice
07/27/2023
PR15 07/27/23 SIT TAXES-M.G PAYROLL CORRECTION
07/27/2023
PR15 07/27/23 SDI TAXES-M.G PAYROLL CORRECTION
08/10/2023
PR16 08/10/23 SDI TAXES
08/10/2023
PR16 08/10/23 SIT TAXES

38.78 APA002184
636. 71 APA002185
360.71 APA002186
143.62 APA002187
477.16 APA002188
6,500.00 APA002189
447.90 APA002190
423,528.00 DFT0003079
309,724.00 DFT0003080
21,451.48 DFT0003083
6,355.12 DFT0003084
1,671.24 DFT0003085
7,840.31 DFT0003086

INTERNAL REVENUE SERVICE
Invoice PR16 08/10/23 FEDERAL TAX PAYMENT
17,275.57 DFT0003087
55,237.47 DFT0003096
7,488.87 DFT0003097
209.45 DFT0003098

34.44 DFT0003099

10.55 DFT0003100
1,743.92 DFT0003101
6,641.37 DFT0003102
08/10/2023 22,781.64 DFT0003103
Cal PERS
Invoice
08/10/2023 17,345.74 DFT0003104
CLASSIC RETIREMENT 07/22/23-08/04/23 PR16
Cal PERS
Invoice
08/10/2023 7,728.71 DFT0003105
PEPRA RETIREMENT 07/22/23-08/04/23 PR16

Page 12 ends

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
August 28, 2023

ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of July 18, 2023 through August 21, 2023.

STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of July 18, 2023 through August 21, 2023.

DISCUSSION
The City Manager is delegated authority by the Carpinteria Municipal Code (CMC), §2.08.150B, to execute contracts on behalf of the City in the amount of $30,000 or less.

Pursuant to CMC §2.08.150C, a list of all contracts executed by the City Manager is provided for City Council information and appended to this Staff Report as Attachment A. Attachment A lists all contracts entered into on behalf of the City for goods, construction and services for the Period of July 18, 2023 through August 21, 2023.

FINANCIAL CONSIDERATIONS
All contracts entered into are within the appropriated budgeted amounts.

ATTACHMENTS
A. Report of Contracts Executed by the City Manager
Report of Contracts Executed by City Manager
August 28, 2023

Page 2 ends

Staff contact:

Brian C. Barrett, City Clerk
(805) 755-4403, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400; [email protected]
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2023\Report of Contracts Awarded by City Manager.docx

ATTACHMENT A
Report of Contracts Executed by the City Manager
Period of July 18, 2023 through August 21, 2023

VENDOR PURPOSE AMOUNT
LIN Consulting, Inc. Engineering Services for Carpinteria $0.00 High School Area Crosswalk Safety
Improvements Project No. 15125
Street Sweeping Corporation of Street Sweeping Maintenance $11,760.93 America Services
Interstate Pole Industries Removal of existing flagpole and $22,389.12 installation of new flagpole at City Hall
GO Gov, Inc. Word Order & Citizen Request $12,000
Management Software System
Unlimited Subscription
Bob Trautz Development Co., Inc. Install safety signs at Carpinteria Skate $8,109.28 Park
Interstate Pole Industries Extra work to prepare professional $2,150.00 engineer foundation drawing of flag
pole and change in contract time from
44 calendar days to 132 calendar days
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
August 24, 2023

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

STAFF RECOMMENDATION
Receive and file the report.

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

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

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

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

The purpose of this agenda matter is to provide the City Council with the required monthly Treasurer's Report (Attachment A)
Monthly City Treasurer's Report
August 24, 2023

Page 2 ends

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

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

Table I
CASH ACTIVITY FOR THE MONTH:

Cash and Investment Beginning of the Month
Cash Receipts
Cash Disbursements
Cash and Investment End of the Month
$ 21,584,825.25
4,265,258.03
(6,624,734.12)
$ 19,225,349.16
Investments:

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

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

As of July 31, 2023, the portfolio's average days to maturity was 1.95 years, the average coupon rate was 1.79%, the average yield to maturity was 4.98%, the par value was $11,050,000, and Market Value was $11,004,463.90
The City does not intend to sell nor does it have any foreseeable need to sell any securities. The intention of the City's investment policy is to hold all securities to maturity, and securities so held are redeemed at par value resulting in no net market gain or loss.

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

The City of Carpinteria will be able to meet all expenditure obligations that might reasonably be anticipated for the next six-month period February 1, 2024. \\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Monthly City Treasurer's Report
August 24, 2023

Page 3 ends

LEGAL
This report has been prepared in compliance with California Government Code Sections 53600 and 53646.

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
Attachment A: City of Carpinteria Monthly Treasurer's Report Staff contact:

Licette Maldonado, Administrative Services Director
[email protected]; (805) 755-4448
Reviewed by: Dave Durflinger, City Manager
[email protected]; (805) 755-4400
~
Signature
/
/
\\COCSH\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx City Treasurer's Monthly Report

CITY OF CAR PINTERIA TREASUR ER'S REPORT
For the Month Ended July 2023
CASH ACTMTY FOR THE MONTH:

Cash and Investment Beginning of the Month $ 21,584,825.25 Cash Receipts 4,265,258.03
Cash Disbursements {6,624,734.12)
Cash and Investment End of the Month $ 19 225 349.16
CASH AND INVESTMENT PORTFOLIO:

Yield to Maturity # Days to
Tne of lnvestment/Counon/CUSIP # Institution/Issuer Maturitv Date Maturity Par Value Market Value {1} Book Value {2} Demand Deposit - General Checking Montecito Bank NIA NIA NIA 432,010.22 432,010.22 432,010.22 Demand Deposit - Premier Public Money Market Montecito Bank NIA 8/1/2023 1 263,652.22 263,652.22 263,652.22 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 3,628.85 3,628.85 3,628.85 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 4,064.28 4,064.28 4,064.28 Local Agency Investment Fund State of California 0.22% 8/1/2023 1 3,503,689.28 3,503,689.28 3,503,689.28 Demand Deposit - Money Market Charles Schwab NIA 8/1/2023 I 4,013,840.41 4,013,840.41 4,013,840.41 Treasury Note, 23U, (912796Y37) U.S. Government 4.83% 8/3/2023 3 250,000.00 249,926.53 244,117.48 Treasury Note, 2.75%, (9128284X5) U.S. Government 0.01% 8/31/2023 31 400,000.00 399,125.00 399,721.60 Treasury Note, 2.875%, (9128285D8) U.S. Government 0.67% 9/30/2023 61 250,000.00 248,945.30 249,335.00 Treasury Note, 2.875%, (9128285K2) U.S. Government 2.20% 10/31/2023 92 250,000.00 248,437.50 252,579.39 Treasury Note, 2.75%, (912828WE6) U.S. Government 2.23% 11/15/2023 107 250,000.00 248,085.93 252,049.66 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 12/31/2023 153 250,000.00 245,234.38 249,993.47 Treasury Note, 2.5%, (9128285Z9) U.S. Government 0.06% 1/31/2024 184 200,000.00 197,125.00 199,388.94 Treasury Note, 2.375%, (9128286GO) U.S. Government 0.78% 2/29/2024 213 200,000.00 196,562.50 199,264.00 Treasury Note, 0.25%, (91282CBRI) U.S. Government 2.17% 3/15/2024 228 250,000.00 242,226.55 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S. Government 241% 4/30/2024 274 250,000.00 244,218.75 249,156.76 Treasury Note, 2.0%, (912828XT2) U.S. Government 1.11% 5/31/2024 305 250,000.00 243,085.93 255,107.50 Treasury Note, 0.25%, (91282CCG4) U.S. Government 4.61% 6/15/2024 320 250,000.00 239,140.63 235,669.96 Treasury Note, 3.0%, (91282CFA4) U.S. Government 4.53% 7/31/2024 366 250,000.00 244,218.75 244,503.55 Treasury Note, 3.25%, (91282CFG I) U.S. Government 4.30% 8/31/2024 397 250,000.00 244,453.13 245,158.84 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 9/15/2024 412 250,000.00 236,562.50 245,359.46 Treasury Note, 2.125%, (9128282Y5) U.S. Government 431% 9/30/2024 427 250,000.00 240,937.50 239,586.84 Treasury Note, 0.625%, (91282CDB4) U.S. Government 4.14% 10/15/2024 442 250,000.00 236,328.13 233,056.64 Treasury Note, 2.25%, (912828G38) U.S. Government 4.35% 11/15/2024 473 250,000.00 240,546.88 241,052.35 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 12/15/2024 503 250,000.00 236,054.68 250,079.39 Treasury Note, 1.125%, (91282CDS7) U.S. Government 4.09% 1/15/2025 534 250,000.00 235,820.30 237,350.47 Treasury Note, 1.125%, (912828ZC7) U.S. Government 1.29% 2/28/2025 578 250,000.00 234,882.80 248,740.00 Treasury Note, 2.625%, (9128284F4) U.S. Government !JO% 3/31/2025 609 250,000.00 240,234.38 260,224.61 Treasury Note, 0.25%, (912828ZTO) U.S. Government 1.25% 5/31/2025 670 250,000.00 229,414.05 241,660.01 Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 6/30/2025 700 250,000.00 228,867.18 239,598.86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 9/30/2025 792 250,000.00 226,953.13 240,265.00 Treasury Note, 3.0%, (912828515) U.S. Government 4.09% 10/31/2025 823 250,000.00 240,507.80 242,136.63 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12/31/2025 884 250,000.00 225,781.25 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12/31/2025 884 250,000.00 225,781.25 240,365.00

CITY OF CARP INTERIA TREAS URER'S REPORT
For the Month Ended July 2023
Treasury Note, 3.875%, (91282CGE5) U.S. Government 3.77% 1/1/2026 885 250,000.00 245,234.38 250,641.19 Treasury Note, 1.625%, (9 l 2828P46) U.S. Government 1.56% 2/15/2026 930 250,000.00 231,914.05 250,595.69 Treasury Note, 0.5%, (91282CBQ3) U.S. Government 1.28% 2/25/2026 940 250,000.00 225,078.13 242,113.19 Treasury Note, 0.75%, (91282CBT7) U.S. Government 1.28% 3/31/2026 974 250,000.00 226,328.13 244,459.30 Treasury Note, 0.75%, (91282CCF6) U.S. Government 1.34% 5/31/2026 1035 250,000.00 225,000.00 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S. Government 1.35% 6/30/2026 1065 250,000.00 225,546.88 244,821.96 Treasury Note, 1.625%, (91282YQ7) U.S. Government 4.00% 10/31/2026 1188 250,000.00 228,828.13 227,869.30 Treasury Note, 2%, (91282U24) U.S. Government 4.31% 11/15/2026 1203 250,000.00 231,445.30 228,317.27 Treasury Note, 1.25%, (91282CDK4) U.S. Government 1.28% 11/30/2026 1218 250,000.00 225,625.00 249,602.02 Treasury Note, 1.5%, (912828278) U.S. Government 3.64% 1/31/2027 1280 250,000.00 226,718.75 231,040.3 I Treasury Note, 2.25%, (912828V98) U.S. Government 4.29% 2/15/2027 1295 250,000.00 232,656.25 229,819.14 Treasury Note, 2.5%, (9 I 282CEF4) U.S. Government 3.96% 2/16/2027 1296 250,000.00 234,375.00 235,031.06 Treasury Note, 2.75%, (91282CEN7) U.S. Government 3.71% 4/30/2027 1369 250,000.00 236,210.93 241,094.62 Treasury Note, 3.25%, (91282CEW7) U.S. Government 3.70% 6/30/2027 1430 250,000.00 240,429.68 245,668.13 Treasury Note, 3.125%, (91282CFH9) U.S. Government 4.19% 8/31/2027 1492 250,000.00 239,023.43 238,232.21 Treasury Note, 4.125%, (9 I 282CFUO) U.S. Government 4.02% 10/31/2027 1553 250,000.00 248,437.50 250,962.10 Treasury Note, 2.25%, (9128283F5) U.S. Government 401% 11/15/2027 1568 250,000.00 230,234.38 232,267.50 19,520,885.26 18,943,428.89 19,225,349.16

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

REPORT OF ABILITY TO MEET REQUIRED EXPENDITURES FOR THE NEXT SIX MONTHS Based upon currently budgeted revenues and expenditures, the City currently has sufficient liquid financial resources to meet anticipated expenditures during the period 8/01/23 through 2/01/24.

WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As ofJuly 31, 2023 the weighted average days to maturity of the City's investment portfolio is 1.98 years.

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

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

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

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

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

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

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

City of Carpinteria
Cour,rcrl Aceruoe Srerr RepoRr
August 28,2023

ITEM FOR COUNCIL CONSIDERATION
Second reading of Ordinance No. 768, an Ordinance of the City Council of the City of Carpinteria, California, amending Chapters2.20.O70 (Public Works Department) and

2.20.080 (Parks, Recreation, and Public Facilities Departments) in the Carpinteria Municipal Code.

STAFF RECOMMENDATION
Adopt Ordinance No. 768 (second reading).

Sample Motion: I move to adopt Ordinance No. 768
(This motion requires a roll callvote.)

BACKGROUND
On June 5,2023, the City Council adopted Resolution No. 6250, approving the title and job description change of Parks, Recreation, and Public Facilities Director to Parks, Recreation, and Community Services Director. The changes also resulted in a reorganization of functions between the Public Works Department and Parks, Recreation and Public Facilities Department. Staff was directed to return with an amendment to Carpinteria Municipal Code Chapter 2.20 (City Departments) subsections 2.20.070 (Public Works Department) and 2.2080 (Parks, Recreation, and Public Facilities Department) and revise the job description of the Public Works Director position to reflect such changes.

On July 24,2023, the City Council adopted Resolution No. 6250, updating the Public Works Director job description and approved the first reading of Ordinance No. 768 to amend Chapters 2.20.070 (Public Works Department) and 2.20.080 (Parks, Recreation, and Public Facilities Departments).

The purpose of this agenda matter is for the City Council to conduct the second reading and adopt Ordinance No. 768.

DISCUSSION
Ordinance No. 768, City Departments
August 28,2023
Page2
Pursuant to Carpinteria Municipal Code Section 2.08.110 (Powers and duties designated), the City Manager, in part, makes recommendations to the City Council concerning any reorganization of offices, positions, departments or units as necessary to further the interest of efficient, effective, and economical conduct of City business.

With the forthcoming retirement of the Parks, Recreation, and Community Services Director (formerly titled as Parks, Recreation, and Public Facilities Director), staff conducted an assessment of the functions pertaining to the programs and divisions within the Parks, Recreation, and Community Services Department.

Staff recommends for Carpinteria Municipal Code Chapter 2.20 (City Departments) to be amended as follows:

2.20.070 Public works department
Divisions:

Engineering
Programs: Department administration;
Capital improvements;
Transportation, parking, and lighting
Sustainability and Environment.

Programs: Resource Conservation;
Solid Waste Management;
Watershed Management.

S+reet Maintenance.

Programs: Street and right-of-way maintenance;
Fleet maintenance;
Parks and facilities maintenance.

2.20.080 Parks, recreation, and pug+e+aei+i+ies community services Divisions:

Pa rks A++++ie+aei+i+ies.

Programs: Department administration ;
Parks ;
Recreation.

Programs: Community pool services;
Ocean beach services;
Special events.

Municipal Library.

Programs: Collection; learning; community programs and events Ordinance No. 768, City Departments
August 28,2023

Page 3 ends

The proposed Ordinance No. 768, as shown as Attachment A, shows such amendments.

POLICY CONSISTENCY
City Manager recommendations are consistent with the approved Annual Work Plan and priorities set by City Council, including several current, forming, and future programs, as well as recruitment and retention goals. ln addition, City Manager recommendations are consistent to the City's mission to provide services consistent with community needs and to make judicious use of City resources to promote the highest possible quality of life for all Carpinteria residents.

FINANCIAL CONSIDERATIONS
There is no financial impact in approving Ordinance No. 768

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Pursuant to Carpinteria Municipal Code Section 2.08.110, the reorganization of offices, positions, departments, or units may be recommended by the City Manager and approved by City Council.

OPTIONS
A. Approve Ordinance No. 768 on second reading. (Staff recommendation) B. Direct changes to the draft ordinance
C. The City Council could choose not to approve Ordinance No. 768 and provide direction to staff as appropriate.

PRINCIPAL PARTIES ECTED AT MEETING
None

ATTACHMENTS
Attachment A: Ordinance No. 768
Staff contact:

Teresa llasin, Management Analyst ll
(805) 7 55-4458; teresai @carp i nteriaca. sov
Reviewed by:

Dave Durflinger, City Manager
(805) 7 55-44O0; [email protected]
,-)2":;
Signature

ATTACHMENT A
Ordinance No. 768
ORDINANCE NO 768

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, AMENDING CHAPTER 2.2O, CITY

DEPARTMENTS, CONCERNING THE RETITLING AND

REORGANIZATION OF CERTAIN DEPARTMENTS, DIVISIONS AND
PROGRAMS.

WHEREAS, Carpinteria Municipal Code Chapter 2.20 establishes Departments and divisions of the City for carrying out programs under the direction and supervision of the City Manager; and
WHEREAS, the City Manager is recommending changes to certain titles, divisions, and programs in order to support the effective and efficient delivery of necessary and desired programs to the Carpinteria community via the City organization; and
WHEREAS, the City Council has considered the recommendations of the City Manager at a duly noticed public meeting.

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

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

SECTION 2. CMC 2.20.O20, Departments created and designated, section E, is amended to read as follows:

E. Parks, recreation, and community services
SECTION 3. CMC 2.20.07O, Public works department, is amended to read as follows:

2.20.070 Public works department
Divisions
Engineering
Programs: Department administration;
Ordinance No. 768
Page2
Capital improvements;
Transportation, parking, and lighting
Sustainability and Environment.

Programs: Resource Conservation;
Solid Waste Management;
Watershed Management.

Maintenance.

Programs: Streetmaintenance;
Fleet maintenance;
Parks and facilities maintenance
SECTION 4. CMC 2.20.O80, Parks and recreation department, is amended to read as follows:

2.20.080 Parks, recreation, and community services
Divisions: Parks
Programs: Department administration;
Parks.

Recreation.

Programs: Community pool services;
Ocean beach services;
Special events.

Municipal Library.

Programs: Collection; learning; community programs and events Ordinance No. 768

Page 3 ends

SECTION 5: EFFECTIVE DATE
This Ordinance shall take effect and be in force and effect thirty (30) days from and after its passage; and before the expiration of fifteen (15) days of its passage shall be published once with the names of the members of the City Council voting for and against the same in the CoastalView, a newspaper of general circulation, published in the City of Carpinteria, County of Santa Barbara adoption pursuant to California Government Code section 36937.

SECTION 6: SEVERABILITY
lf any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 7: GEQA EXEMPTION
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines $15060(cX3) (this activity is not a "project" as defined in $15378), and or $15307(actions taken by regulatory agencies for protection of natural resources) and 15308(actions taken by regulatory agencies for protection for the environment) SECTION 8. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Ordinance.

PASSED, APPROVED AND ADOPTED on the 28th day of August ,2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
coUNcTLMEMBER(S)
coUNcTLMEMBER(S)
coUNcTLMEMBER(S)
coUNcTLMEMBER(S)
Mayor, City of Carpinteria
Ordinance No. 768

Page 4 ends

ATTEST:

Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on August 28,2023.

Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria

APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
August 28, 2023

ITEM FOR COUNCIL CONSIDERATION
Granting of an Easement to Southern California Edison for Electric Vehicle Infrastructure in City Parking Lot No. 1 along the Elm Avenue frontage.

STAFF RECOMMENDATION
Authorize the City Manager to execute the Grant of Easement of approximately 700 square feet to Southern California Edison for the purposes of installation, maintenance and operation of electrical equipment associated with electric vehicle infrastructure in City Parking Lot No. 1
Sample Motion: I move to authorize the City Manager to execute the Grant of Easement of approximately 700 square feet to Southern California Edison for the purposes of installation, maintenance and operation of electrical equipment associated with electric vehicle infrastructure in City Parking Lot No. 1.

BACKGROUND
In February 2022, the City applied for funding through the Southern California Edison (SCE) Charge Ready Program in order to expand the EV charging infrastructure citywide. Through the Program SCE performs site preparation work and provides a monetary incentive for new EV charging stations. Specifically, SCE pays for the electric service infrastructure and accessibility upgrades (e.g., walkways and parking spaces) in order to meet electric load requirements and to conform with the Americans with Disabilities Act (ADA) standards.

The purpose of this agenda item is to authorize the City Manager to execute the Grant of Easement to SCE for the purposes of installation, maintenance and operation of electrical equipment associated with electric vehicle infrastructure in City Parking Lot No. 1.

DISCUSSION
The Charge Ready program is a "make ready" infrastructure program offered by SCE to local agencies, businesses, and multi-family properties. The program provides the Southern California Edison Grant of Easement
August 28, 2023

Page 2 ends

necessary infrastructure upgrades on the utility side of the meter up to the point of installation of the charging station for the approved number of charging ports.

As a major requirement in the Electric Vehicle Charging Station Purchasing and Installation Agreement, the City must furnish and install the EV charging stations that meet SCE design criteria as well as operate and maintain these EV charging stations for a period of ten years. The program further requires the City to procure an SCEapproved vendor of the EV charging station product including the software platform. In August of 2022, Council authorized the City issuing a purchase order to the vendor EV Connect, which included a five-year maintenance agreement, to fulfill the City's obligations related to operation and maintenance of the new EV infrastructure.

The City is also obligated to execute a Grant of Easement (Attachment A) with SCE for the purpose of installing, maintaining, and operating the electrical equipment associated with the electric vehicle infrastructure. The requested easement is approximately 700 square feet in area, 7'x100' in dimensions, located along a portion of the Elm Avenue street frontage of City Parking Lot 1 (the Easement Drawing illustrating the area is an exhibit of the attached Grant of Easement. The easement would be valid until a time at which the electric vehicle charging stations are removed, but not less than ten (10) years from the date of execution as per the terms of the Charge Ready agreement.

This matter is being recommended for approval by the City Council Utilities Committee after review at its meeting of July 28, 2023. Granting of easements also require a 65402 Government Code Consistency Determination by the Carpinteria Planning Commission, which it approved at its regular meeting of August 7, 2023 (Attachment 8).

Staff recommends that the Council authorize the City Manager to execute the Grant of Easement to SCE for the purposes of installation, maintenance and operation of electrical equipment associated with electric vehicle infrastructure in City Parking Lot No. 1.

POLICY CONSISTENCY
This project is consistent with the Sustainable Community Policy (Resolution No. 5500) and the Governor's Executive Order N-79-20, as well as Government Code 65402. \/Vith the state's goal of having five million, zero-emission vehicles on the road by 2025, the expansion of EV charging infrastructure is also a statewide priority.

Electric vehicles play an important role in California's efforts to reach its ambitious climate and air quality goals. In 2020, the Governor issued Executive Order N-79-20, eliminating the sale of internal combustion engine vehicles by 2035. The transportation sector contributes for just over half of the greenhouse gas (GHG) emissions in Santa Barbara region alone. One of the key strategies to reducing GHG emissions and meeting Executive Order N-79-20 is encouraging the use of electric vehicles and expanding the electric vehicle (EV) charging infrastructure.

Southern California Edison Grant of Easement
August 28, 2023

Page 3 ends

FINANCIAL CONSIDERATIONS
No Additional Funding Requested. Minimal staff time to prepare the report is included in the Adopted FY 2023-24 Resource Conservation Program Fund Budget.

The purchase and installation of the EV Charging stations was funded by an Air Pollution Control District Clean Air grant, as well as incentive funding from Central Coast Community Energy and SCE.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's office has reviewed the Grant of Easement and has no exceptions.

Comments related to SCE's authority granted in the easement have been addressed through amendments to the Engineering Permit.

OPTIONS
The City Council could choose:
1 . Authorize the City Manager to execute the Grant of Easement of approximately 700 square feet to Southern California Edison for the purposes of installation, maintenance and operation of electrical equipment associated with electric vehicle infrastructure in City Parking Lot No. 1. (Staff recommendation)

2. Direct staff concerning any changes as determined necessary.

3. Decline to approve the recommendation.

ATTACHMENTS
Attachment A:

Attachment B:

Southern California Edison Grant of Easement
Carpinteria Planning Commission 65402 Determination
Staff contact:

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

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

Dave Durflinger, City Manager
(805) 755-4400, [email protected]
I~(}- ~I ~n
,-a~ ture

ATTACHMENT A
Southern California Edison Grant of Easement

ARPINTERRECORDING REQUESTED BY
SOU fHERN CALIFOflNIA
EDISON
An EDISON IY/Eli.V·1'/'IO/\'.-\L C0111pany

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn: Title and Real Estate Services

SPACE ABOVE THIS LINE FOR RECORDER'S USE
SCE Doc No.:

GRANT OF

EASEMENT
Vehicle Charging Station
DOCUMENTARY TRANSFER TAX$ NONE (VALUE
u,o ,_,_, ..,._,_.,,..., .................... ~~"" O,U. M~r OOLC AND CONSIDERATION LESS THAN $100.00) Santa Barbara TD2044239 SCE Company
GVM KU-6809-c Mr-r-r,;uvc:u: eY u~,c
APN 003-261-008 VEGETATION &
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME SLS/CG 03/25/23 LAND

MANAGEMENT
CITY OF CARPINTERIA, a municipal corporation (hereinafter referred to as "Granter"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead and underground electrical supply systems and internal communication systems for SCE's sole use (hereinafter referred to as "systems"), consisting of poles, guys and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, solely for the purpose of providing electrical power to vehicle charging stations, in, on, over, under, across and along that certain real property in the City of Carpinteria, County of Santa Barbara, State of California, described as follows:

THE NORTHWESTERLY 7.00 FEET OF THE SOUTHWESTERLY 100.00 FEET OF PARCEL "A" OF PARCEL MAP NO. 25001, AS PER MAP FILED IN BOOK 3, PAGE 82 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property.

This legal description was prepared pursuant to Sec. 8730( c) of the Business & Professions Code.

Grantor agrees for itself, its heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the hereinbefore described easement area. The Grantee, and its contractors, agents and employees, shall have the right to trim or top such trees and to cut such roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable.

Upon written request, Grantee shall relocate its facilities installed hereunder to another mutually approved area on Grantor's property and provided that Grantee has first been given an easement over such new area on terms identical to those set forth herein. Such relocation shall be at Grantor's sole cost and expense. Upon completion of the relocation, Grantee shall execute a quitclaim of this easement on terms reasonably acceptable to Grantor and Grantee.

To the extent Grantor removes the vehicle charging stations, and such removal is not part of a relocation, Grantor may, upon sixty (60) days written notice, terminate this easement and Grantee shall execute a quitclaim on a mutually acceptable form.

However, in no event will the vehicle charging stations be removed for a period of ten (10) years from the date of execution below. Upon termination, Grantee shall have a limited right to access the property for the purpose of removing its facilities or Grantee may abandon its systems in place. In addition, upon written request, Grantee will execute a quitclaim of this easement on terms reasonably acceptable to Grantee and Grantor.

EXECUTED this __ day of , 20 __

GRANTOR

CITY OF CARPINTERIA,
a municipal corporation
By _
Name _
Title _
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _
On before me, , a Notary Public, personally appeared
__________________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
2 OCR _
TD2044239
EXECUTED this __ day of , 20

GRANTEE

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By _
Name _
Title _
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _
On before me,----------------~ a Notary Public, personally appeared __________________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
3 DCR _
TD2044239
~
N
I
/
/
/
PARCEL "B"
" " /
/
/
' " ' " V
" " /
/
" " /
' ' "' ' '
" " /
" " /
" " /
" " < PARCEL"C"
' ' "' ' ' "' ' '
LEGEND I SHEET 1 OF 1

D DENOTES

SCE EASEMENT AREA

ATTACHMENT B
Carpinteria Planning Commission 65402 Determination

THIS PAGE INTENTIONALLY LEFT BLANK
CITY of CARPINTERIA, cAuFoRNIA
August 8, 2023
Honorable Carpinteria City Council
5775 Carpinteria Avenue
Carpinteria, CA 93013
Re: City of Carpinteria Public Works Department
Granting of Easement to Southern California Edison
Government Code §65402 General Plan Conformity Determination Project 23-2235-GC
Dear Councilmembers:

On August 7, 2023, the Planning Commission took action on the following item:

Hearing on the request of the City of Carpinteria to consider Project 23-2235-GC for a determination that the granting of an easement of approximately 700 square feet to Southern California Edison for the purposes of the installation, maintenance and operation of electrical equipment associated with electric vehicle infrastructure to be located along the southwest corner of the City-owned City Parking Lot No. 1, located at 4945 Carpinteria Avenue (APN 003-261-008), and zoned Central Business ("CB'J district, is consistent with the General Plan/Coastal Land Use Plan of the City of Carpinteria, pursuant to Government Code §65402.

The Planning Commission voted 4-0 (Salant absent) to adopt Resolution No. PC-23-006, determining that the granting of the described easement to SCE affecting a portion of real property located within City Parking Lot No. 1 located at 4945 Carpinteria Avenue (APN 003-261-008), and owned by the City of Carpinteria, is consistent with the General Plan/Coastal Plan of the City of Carpinteria.

Should you have any questions or need further information regarding this matter, please call Nick Bobroff at (805) 755-4407, or email at: [email protected] Sincerely,
~G-~
Steve Goggia
Community Development Director
cc: City of Carpinteria Public Works Department
Attachments: Adopted Resolution No. PC-23-006; and
5775 CARPINTERIA AVENUE• CARPINTERIA, CA 93013-2603
(805) 684-5405 • FAX (805) 684-5304
www.carpinteria.ca. us
RESOLUTION NO. PC-23-006

A RESOLUTION OF THE CITY OF CARPINTERIA PLANNING COMMISSION REPORTING THAT THE GRANTING OF A 700 SQUARE FOOT EASEMENT

TO SOUTHERN CALIFORNIA EDISON FOR THE INSTALLATION,

MAINTENANCE AND OPERATION OF ELECTRICAL EQUIPMENT

ASSOCIATED WITH ELECTRIC VEHICLE INFRASTRUCTURE WITHIN A PORTION OF THE CITY-OWNED PARKING LOT NO. 1 LOCATED AT 4945 CARPINTERIA AVENUE (APN 003-261-008) IS IN CONFORMANCE WITH

THE CITY OF CARPINTERIA GENERAL PLAN/COASTAL LAND USE PLAN PURSUANT TO §65402 OF THE GOVERNMENT CODE

REQUESTED BY CITY OF CARPINTERIA PUBLIC WORKS DEPARTMENT WHEREAS, the City of Carpinteria General Plan/Coastal Land Use Plan is a comprehensive long-term plan that guides land use and physical development of the geographic area of the incorporated City of Carpinteria; and WHEREAS, the General Plan/Coastal Land Use Plan provides policy direction regarding land uses that are intended to serve the community based on the buildout of the community as anticipated by the General Plan/Coastal Land Use Plan; and WHEREAS, the City has the ability to acquire, dispose of, vacate or abandon real property in conformance with its General Plan/Coastal Land Use Plan; and WHEREAS, Government Code §65402(a) requires that no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, until the location, purposes, and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the Planning Commission as to the conformity with the General Plan/Coastal Land Use Plan; and
WHEREAS, the City of Carpinteria Planning Commission has considered a written request for a Government Code §65402 General Plan Conformity Determination filed by the City of Carpinteria Public Works Department on July 14, 2023 for the granting of a 700 square foot easement to Southern California Edison for the purposes of installing, maintaining and operating electrical equipment associated with electric vehicle infrastructure in a portion of the city-owned City Parking Lot No. l located at 4945 Carpinteria A venue; and
WHEREAS, consistent with the requirements of Government Code §65402, the request has been scheduled to be considered by the City of Carpinteria Planning ~ Commission within 40 days of receipt of the request; and RESOLUTION NO. PC-23-006; SCE Easement
Government Code §65402 Consistency Determination
August 7, 2023
Page I
WHEREAS, the Planning Commission has conducted a public hearing on August 7, 2023 and has considered the entire administrative record, including the staff report and oral and written testimony from interested persons; and WHEREAS, the City has determined that the Government Code §65402 General Plan Conformity Determination is statutorily exempt from the California Environmental Quality Act pursuant to Sections 1506l(b)(3) and 15378(b)(5) of the California Environmental Quality Act Guidelines; and
WHEREAS, the Planning Commission has reviewed the location, purpose, and extent of the proposed easement for conformity with the policies of the General Plan/Coastal Land Use Plan that are relevant to the General Plan Conformity Determination.

NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS:

1. Pursuant to Government Code §65402, the Planning Commission has evaluated the location, purpose, and extent of the proposed easement to be granted to Southern California Edison within a portion of the city-owned City Parking Lot No. 1 located at 4945 Carpinteria Avenue (APN 003-261-008), and finds that the location, purpose, and extent of the proposed easement conforms to the General Plan/Coastal Land Use Plan. The Planning Commission hereby directs staff to report this finding to the City Council.

PASSED, APPROVED AND ADOPTED this 7
th day of August 2023, by the following
called vote:

AYES:

NOES:

ABSENT:

COMMISSIONERS: Allen, Benefield, La Fevers, Moyer
COMMISSIONER(S):

COMMISSIONER: Satan
ATTEST:

I hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Planning Commission of the City of Carpinteria held the 1
11 day of August 2023.

RESOLUTION NO. PC-23-006; SCE Easement
Government Code §65402 Consistency Determination
August 7, 2023

Page 2 ends

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
August 28, 2023

ITEM FOR COUNCIL CONSIDERATION
Real Property License Agreement concerning the Franklin Creek Trail Improvement Project.

STAFF RECOMMENDATION
Authorize the City Manager to execute a Real Property License Agreement with the Santa Barbara County Flood Control and Water Conservation District for the Franklin Creek Trail Improvement Project.

Sample Motion: I move to authorize the City Manager to execute a Real Property License Agreement with the Santa Barbara County Flood Control and Water Conservation District for the Franklin Creek Trail Improvement Project. (This motion requires a roll call vote.)

BACKGROUND
In October 2021, the Santa Barbara County Association of Governments (SBCAG) Board issued a call for projects for both the Measure A Cycle 5 Safe Routes to School Grant Program and the Measure A Bicycle and Pedestrian Grant Program. The Measure A Cycle 5 Safe Routes to School Grant Program funds projects for pedestrian and bicycle safety to, from, and near schools. The Measure A Cycle 5 Bicycle and Pedestrian Program provides funds to member agencies for bicycle and pedestrian facilities improvements.

In May 2022, the SBCAG Board approved approximately $4.3M of Measure A Cycle 5 funds for thirteen projects amongst the local agencies of the south coast area, including the City's Franklin Creek Trail Improvement Project. On June 16, 2022, the SBCAG Board approved Measure A Cycle 5 funds in the total amount of $275, 188 for the Project and provided a Cooperative Agreement for its implementation. On July 11, 2022, the City Council approved and authorized the Mayor to sign the Measure A Project Cooperative Agreement with SBCAG. The project received letters of support from the Carpinteria Unified School District, County of Santa Barbara Public Works Department, and MOVE Santa Barbara County (formerly SBBike + COAST).

Real Property License Agreement for the Franklin Creek Trail Improvement Project August 28, 2022

Page 2 ends

The purpose of this agenda item is for the City Council to authorize the City Manager to execute a Real Property License Agreement with the Santa Barbara County Flood Control and Water Conservation District for the Franklin Creek Trail Improvement Project.

DISCUSSION
The location of the Franklin Creek Trail Improvement Project is proposed to be situated on Santa Barbara County Flood Control and Water Conservation District (County) parcels. In order for the project to legally do so, the County does require for the City to execute a Real Property License Agreement: Secondary Use of Flood Control Land 12A-10.1 (County Use Agreement) as shown in Attachment A. The project location straddles the County parcels of Assessor Parcel Numbers 003-251-020, 003-242-036, 003-243-032, 003-252-018, 003-301-021, and 003-301-025, respectively, as shown in Exhibit A in the proposed County Use Agreement.

The proposed County Use Agreement stipulates the City's obligations of the project's permanent improvements upon said County parcels. These obligations include the establishment of rules and regulations for the licensed use, operation, and maintenance of the area subject to the County Use Agreement.

On March 23, 2023, Public Facility Site Acquisition/Development Committee reviewed the proposed County Use Agreement and recommended it for consideration by the City Council.

POLICY CONSISTENCY
The recommendation is to effectively proceed with work on the project in order to enhance Franklin Creek Trail for pedestrians and bicyclists. With that, the recommendation may be found consistent with the following objectives and policies of the General Plan and Local Coastal Plan:

Circulation Element
Objective C-7: Build demand for alternative transportation use by increasing ease, effectiveness, and social acceptability, and through foresighted planning.

Policies:

C-7b. Develop safe and direct pedestrian accessibility between residential areas, schools, parks, and shopping areas in both new and existing urban areas.

Objective C-8: Support and develop safe, direct and well-maintained bicycle and pedestrian systems and recreational boating facilities that serve all segments of the public.

Policies:

Real Property License Agreement for the Franklin Creek Trail Improvement Project August 28, 2022

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C-Ba. Integrate the development of bicycle routes and pedestrian pathways in additional areas of the city, and encourage the utilization of such routes for commuting as well as recreational purposes.

C-Bf Encourage pedestrian movement by providing pedestrian facilities that are direct and convenient, particularly in the beach and downtown areas.

Open Space, Recreation & Conservation Element
Objective OSC-14: Provide for adequate park and recreation facilities to meet the needs of the community and visitors.

Policies:

OSC-14a. Increase coastal and recreational access for all segments of the population, including the disabled and elderly, while protecting natural resources, particularly environmentally sensitive habitat areas.

Objective OSC-15: Maintain the existing trail system and provide additional recreation and access opportunities by expanding the trail system.

Policies:

OSC-15a. The City's trail system shall be maintained and expanded upon based upon Figure C-3, the Trails Map, and, if approved by the Coastal Commission in an amendment to its Local Coastal Plan, the Trails Master Plan or similar implementing document.

OSC-15b. Support enhancement of access trails along creekways designated as open space up to the foothills of the Santa Ynez mountain range. This should include exploring trail development for public use along the Edison easement behind Carpinteria High School, ending on the first ridge above the city. This should be linked to the old Franklin trail, leading to the ridge up to East Camino Cielo. Trail restoration and enhancement of easement areas should be pursued to restore the natural beauty along these trails by negotiating with property owners, the school district, and the National Forest, to redesign trails and adopt protective fencing methods.

Finally, the recommendation is consistent with the adopted Capital Improvement Plan 1 .

FINANCIAL CONSIDERATIONS
No additional funding is being requested for the recommendation. The Franklin Creek Trail Improvement Project is programmed in the City's Fiscal Year 2023/24 Capital Improvement Program Budget. The programmed funding sources includes the annual 1 City Council Resolution No. 6153
Real Property License Agreement for the Franklin Creek Trail Improvement Project August 28, 2022

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formula funding allocation of Measure A and the Measure A grant funding. Further, the project is programmed in the Revised Measure A Five-Year Local Program of Projects as approved by the City Council on May 22, 2023 (Resolution No. 6243).

The future ongoing maintenance cost will be budgeted as a part of the facilities maintenance program in future fiscal years.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's Office reviewed the proposed County Use Agreement and finds no exceptions to it as to form.

OPTIONS

1. Authorize the City Manager to execute a Secondary Use Agreement with the Santa Barbara County Flood Control and Water Conservation District for the Franklin Creek Trail Improvement Project. (Staff recommendation)

2. The City Council could choose not to consider the staff recommendation.

However, non-action would delay the project, which consequently jeopardizes the related grant funding.

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

ATTACHMENTS
Attachment A: Real Property License Agreement: Secondary Use of Flood Control Land 12A-10.1
Staff contact:

John L. Ilasin, Public Works Director
(8050 880-3402; [email protected]
Reviewed by:

Dave Durflinger, City Manager
(805) 755-4400; [email protected]
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ATTACHMENT A
Real Property License Agreement: Secondary Use of Flood Control Land 12A-10.1

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Project:

APNs:

City of Carpinteria
Franklin Creek Trail
Improvement Project
003-251-020;003-242-036;
003-243-032; 003-252-018;
003-301-021; 003-301-025
REAL PROPERTY LICENSE AGREEMENT;

SECONDARY USE OF FLOOD CONTROL LAND
12A-10.1
THIS REAL PROPERTY LICENSE AGREEMENT ("Agreement") is made by and between the SANT A BARBARA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a special district (hereinafter called "DISTRICT"), and the City of Carpinteria, a municipal corporation (hereinafter called "CITY"), with reference to the following:

WHEREAS, DISTRICT and/or County of Santa Barbara ("County") hold fee ownership of those certain parcels of real property in the City of Carpinteria, County of Santa Barbara, State of California, commonly known as Assessor's Parcel Numbers 003-251-020, 003-242-036, 003- 243-032, 003-252-018,; 003-301-021, and 003-301-025, all as depicted on Exhibit "A," attached hereto and incorporated herein by this reference (collectively called "Property"), and as described in Grant Deeds recorded on November 3, 1968, as Instrument number 35409, Book 2251, Page 1091, and on March 13, 1975, as Instrument number 7730, Book 2556, Page 156, in the office of the Santa Barbara County Recorder; and
WHEREAS, Property is used for flood control purposes, and DISTRICT operates and manages flood control facilities on Property known as the Franklin Creek Channel; and WHEREAS, on July 7, 1998, DISTRICT's Board of Directors adopted Resolution No. 98- 266, establishing a policy entitled "A Policy for Secondary Uses of Flood Control and Water Conservation Facilities for Bikeway and Recreational Purposes," which is attached hereto as Exhibit "B" and incorporated herein by this reference ("Policy"), and providing that DISTRICT may license or permit the use of a right-of-way on Flood Control property for development and use for bicycle, hiking and riding trails, and other park and recreation purposes; and WHEREAS, the public has created a recreational trail across a portion of Property ("Franklin Creek Trail"); and
WHEREAS, DISTRICT has determined that it is in the public interest to allow continued public use of the trail in order to provide for recreational opportunities; and WHEREAS, in accordance with California Government Code Section 25526.6, and Section 12A-10.1 of the Santa Barbara County Code, the Director of Public Works has found that the establishment of such a license is in the public interest and will not substantially conflict or interfere with the use of Property by County; and

Page 1 ends

WHEREAS, CITY and DISTRJCT desire to enter into a license agreement allowing for the construction, maintenance, and public use of a multi-use trail in the area of the Franklin Creek Channel in compliance with Policy; and
WHEREAS, CITY has obtained grant funding for the design and construction of such a 900-feet long multi-use trail, which will generally consist of constructing and installing accessible surfacing, safety fencing, and adjacent accessibility connection improvements along the east side of the Franklin Creek Channel between Carpinteria Avenue and Seventh Street on Property ("Trail"). The approximate location of Trail is depicted in Exhibit "C," attached hereto and incorporated herein by reference.

NOW, THEREFORE, subject to the criteria and conditions set forth in Policy, and in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the patties hereto agree as follows:

1. LICENSED AREA: Licensed area is located within that certain area of Property also depicted in Exhibit "C," attached hereto and incorporated herein by reference, as more specifically set forth in the Plans and Specifications (defined below) ("Licensed Area").

2. LICENSE: DISTRICT hereby permits to CITY, and CITY hereby accepts, a revocable, nonexclusive license ("License") for secondary use of Licensed Area allowing (i) entry and access to Licensed Area by CITY for the purposes of constructing, installing, and maintaining the Path within the Licensed Area, and (ii) access to, and use of Trail by the general public in accordance with the provisions of this Agreement; provided, however, that prior to commencement of construction of the Path, CITY shall submit to County all plans and specifications for construction and improvements on the Property ("Plans and Specifications"), and CITY shall not commence any construction on the Property without County's prior written approval of all such Plans and Specifications. The parties hereto do not intend to create a lease or any other interest in real property for CITY or public through this Agreement, and the parties hereto only intend to create a license that is revocable at will by either DISTRICT or CITY as provided herein.

The CITY has inspected the Licensed Area and agrees to accept the Licensed Area "AS-IS," "WHERE-IS" and "WITH ALL FAULTS" on the date hereof. THE DISTRICT DOES NOT

MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED

AREA OR THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

3. CITY'S OBLIGATIONS:
a) CITY shall be obligated to comply with, and agrees to be bound by, the provisions of the Policy, including the following obligations imposed on CITY as "the public agency" thereunder with respect to the Property as the "right-of-way" thereunder:

1. CITY's use shall not conflict with DISTRICT's use of Property, which is primarily for flood control purposes. All other uses of the Property shall be subordinate to flood control purposes. CITY shall compensate DISTRICT for

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any increased costs and/or decreases in revenues caused by any granted secondary uses hereunder.
ii. Use of Licensed Area is limited to those uses and locations that are compatible with DISTRICT operation and maintenance activities. All proposed uses hereunder are subject to prior written approval by DISTRJCT in each instance and must be compatible with the use and maintenance needs of DISTRICT, as determined by DISTRICT in DISTRICT's sole discretion.
111. CITY shall establish rules and regulations for the general public's use of Licensed Area. Such rules and regulations shall be subject to DISTRJCT's prior written approval. CITY is responsible for ensuring that members of the public and all other authorized users of Licensed Area abide by such rules and regulations, and that use of Licensed Area is at all times in compliance with the terms and conditions of this Agreement and all applicable laws and regulations. 1v. Any damage to DISTRICT facilities or property arising from this Agreement shall be repaired forthwith, at CITY's sole expense.
b) CITY shall maintain and repair Licensed Area at its sole cost and expense. If CITY fails to maintain or repair Licensed Area as required by this Section 3.b), then the DISTRJCT shall have the right, but not the obligation, to perform said maintenance and repair at the sole cost and expense of CITY. All costs of such repair or replacement shall be due and payable to DISTRICT by CITY on demand. Such maintenance activities shall include, but shall not be limited to, litter and graffiti abatement. CITY improvements and maintenance activities on Licensed Area shall be designed and carried out in accordance with DISTRICT standards and subject to DISTRICT approval. c) CITY shall not construct or authorize any improvements on Licensed Area without the prior written consent of DISTRICT. CITY shall be responsible for any and all construction, inspection, repair, and maintenance costs associated with CITY-constructed improvements for the project on Licensed Area. For purposes of this Agreement, "CITYconstructed improvements" shall include improvements constructed on behalf of CITY.

Any and all CITY-constructed improvements on Licensed Area shall be constructed in a good and high-quality manner and in compliance with the permits and applicable statutes, ordinances, rules, and regulations of all governing public authorities, as those statutes, ordinances, rules, and regulations are amended from time to time. d) CITY shall install appropriate information and warning signs related to the use of Licensed Area.
e) CITY agrees to the insurance and indemnification provisions set forth in Exhibit "D," attached hereto and incorporated herein by this reference. f) CITY shall obtain and maintain, at its sole cost and expense, all applicable approvals, permits, or licenses required by any governmental authority which are required for CITY's permitted use of Licensed Area hereunder. Any and all conditions of such permits which may affect Property shall be subject to prior written approval by DISTRICT.

CITY shall, at its sole cost and expense, at all times during the term of this Agreement

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Secondary Use Agreement/Franklin Creek Trail
comply with all applicable County, State and Federal laws, ordinances, rules, regulations, and requirements now in effect or which may hereafter be in effect during the term of this Agreement. The judgment of any court of competent jurisdiction, or the admission of CITY in any action or proceeding against CITY, whether DISTRICT is a party thereto or not, that CITY has violated any such ordinance or statute, shall be conclusive of that fact as between CITY and DISTRICT.

4. LIMITATION OF LIABILITY: DISTRICT shall not be responsible for any obstruction of or damage to the Licensed Area, or to any associated improvements, associated with DISTRICT'S use of Property for flood control purposes and/or work in the Franklin Channel.

DISTRICT, however, shall employ best practices to mitigate damages and obstructions to the Path, and shall provide advance notice to CITY in the event DISTRICT intends to intentionally obstruct the Path.

5. ADMINISTRATION: The provisions of this Agreement shall be administered and enforced by the Santa Barbara County Director of Public Works or assignee.

6. NOTICES: Any notice to be given to a party hereto shall be in writing and shall be delivered, either personally or by United States Postal Service prepaid mail or nationally recognized overnight courier, to the address for such party as follows:

DISTRICT: Santa Barbara County Flood Control and Water
Conservation District
130 East Victoria Street
Santa Barbara, CA 9310 I
CITY: City of Carpinteria
City Manager
5775 Carpinteria A venue
Carpinteria, CA 93013
Or at such other address or to such other person that such party may from time to time designate in accordance with this Section 6. The date of mailing, or in the event of personal delivery, the date of delivery, of such notice shall constitute the date of delivery of such notice.

7. LICENSE PERIOD; TERMINATION: The "License Period" for Licensed Area shall commence on the effective date hereof and shall be subject to termination as hereafter provided.

This Agreement shall be revocable by either party hereto at any time during License Period; provided that the terminating party delivers to the non-terminating party thirty (30) days' prior written notice of its election to terminate. Such termination notice shall state the date of termination and shall be sent in accordance with the notice requirements set forth in Section 6, above. CITY's termination right is subject to no default by CITY existing under this Agreement at the time such termination notice is sent and on the actual termination date.

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Secondary Use Agreement/Franklin Creek Trail
DISTRICT shall have the right to suspend or terminate this Agreement upon written notice to CITY if, in DISTRICT'S sole opinion, Licensed Area and/or CITY-constructed improvements within Licensed Area are not adequately maintained, the use of the Licensed Area permitted hereunder becomes incompatible with DISTRICT activities, or if the interests of DISTRICT and/or County should so require.

8. NON-ASSIGNMENT: CITY shall not assign, transfer, or subcontract this Agreement or the License, or any of its rights or obligations under this Agreement, without the prior written consent of DISTRICT in each instance, and any attempt to so assign, subcontract or transfer without such consent shall be void and without legal effect, and shall constitute grounds for immediate termination of the License and this Agreement by DISTRICT.

9. SURVIVAL: All provisions of this Agreement which by their nature are intended to survive the termination or expiration of this Agreement shall survive such termination or expiration, including indemnification and limitation of liability provisions.

10. ENTIRE AGREEMENT; AMENDMENT; COUNTERPARTS: This Agreement contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and there have been no promises, representations, agreements, warranties, or undertakings by any of the parties hereto, either oral or written, of any character or nature thereafter binding except as set forth herein. This Agreement may be altered, amended or modified only by an instrument in writing, duly executed by both of the parties to this Agreement, and by no other means.

Each party hereto waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver or estoppel. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

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Secondary Use Agreement/Franklin Creek Trail
IN WITNESS WHEREOF, DISTRICT and CITY have executed this Agreement by their respective authorized officers as set forth below to be effective as of the first date fully executed by all of the parties hereto.

APPROVED AS TO FORM:

RACHEL VAN MULLEM

COUNTY COUNSEL
By: _
Deputy County Counsel

SANT A BARBARA COUNTY

FLOOD CONTROL AND WATER

CONSERVATION DISTRICT
By: _
Scott McGolpin, Public Works Director
and District General Manager
APPROVED AS TO FORM:

GREG MILLIGAN, ARM

RISK MANAGER
By: _
Greg Milligan
Signatures continued on the next page

Page 6 ends

ATTEST:

CITY CLERK
By: ------------
Brian Barrett, CMC, CPMC
Date: ------------

CITY OF CARPINTERIA
By: _
Dave Durflinger, City Manager
Date: -------------
APPROVED AS TO FORM:

Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
CITY ATTORNEY for City of Carpinteria

Page 7 ends

EXHIBIT A

MAP SHOWING THE PROPERTY
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Eighth St
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Assess orParc els_20 220406
. /:! APN: 003-301-021 I 11- r· -- ,-)
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County Flood Control Water Conservation District Parcels - ""llii....- -r·---i ! I County of Santa Barbara ET AL ,.-- I I -<I
0 35 70 140
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210
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EXHIBITB
"A POLICY FOR SECONDARY USES OF FLOOD CONTROL AND WATER CONSERVATION FACILITIES FOR BIKEW A Y AND RECREATION PURPOSES"

OF THE BOARD OF DIRECTORS OF THE SANTA BARBARA COUNTY FLOOD

CONTROL AND WATER CONSERVATION DISTRICT
In order to maximize the public benefit and public convenience, it is the policy of the Santa Barbara County Flood Control District ("District") that the secondary use of Flood Control property for recreational and trail purposes shall be encouraged. To this end, the District may license or permit the use of a right-of-way for development and use for bicycle, hiking and riding trails, and other park and recreation purposes, under the following criteria and conditions:

1. A public agency empowered to engage in and finance the proposed park and/or recreation use shall enter into a formal written agreement with District regarding such use. District reserves the right to deny such use at its sole discretion. The public agency shall pay all District costs for developing such agreement.

2. The public agency's use shall not conflict with District's use of its rights- ofway, which is primarily for flood control purposes. All other uses shall be subordinate to flood control purposes. The public agency shall compensate the District for any increased costs and/or decreases in revenues associated with any granted secondary uses.

3. Joint use of District fee property and/or right-of-way are limited to those uses and locations that are compatible with District operation and maintenance activities.

4. The cost of any improvements and associated maintenance necessary to accommodate the public agency's use shall be borne by that agency. Such improvements and maintenance activities shall be designed and carried out in accordance with District standards subject to District approval. Such maintenance activities shall include any litter and graffiti abatement.

5. The public agency shall establish rules and regulations for public use of District's rights-of-way. Such rules and regulations shall be subject to District's approval.

6. Where District's interest in its right-of-way is less than fee ownership, the public agency shall secure written permission from the fee owner for its intended use.

7. The public agency shall secure all other required permits for the intended use from any other agencies having jurisdiction. Any and all conditions of such permits which may affect the District's property shall be approved by District.

8. Any changes to District facilities necessary to accommodate the public agency's use shall be made, and any damage to District facilities arising from the public agency's use shall be repaired forthwith, at the public agency's sole expense.

9. District shall not be liable for any damage to improvements made by the public agency which arise from District's use of its rights-of-way for flood control purposes, including changes which the District may make to its facilities.

10. District shall not be liable for any injury or damage to persons or property arising out of the use of its rights-of-way for park and recreation purposes.

11. The public agency shall defend, indemnify and hold harmless District against any and all claims or lawsuits arising out of or connected with the use of District's rights-of-way for park, recreation, or other uses. Such indemnification language in the agreement shall be in a form acceptable to County Counsel and Risk Management.

12. All proposed uses are subject to approval by District and must be compatible with the use and maintenance needs of District.

13. Recreational facilities planned along a flood control facility either constructed by, or in cooperation with a federal agency, must receive approval from the federal agency in addition to District. Federal requirements may specify whether a license or permit will be issued.

14. Only approved uses will be granted a license or permit for the use. District reserves the right to suspend or revoke a license or permit if, in District's sole opinion, the permitted activities become incompatible with District activities or if the interests of District should so require.

EXHIBIT C

MAP SHOWING APPROXIMATE LOCATION OF TRAIL-LICENSED AREA Source: Google Maps. 2022
/ .....

EXHIBITD
Indemnification and Insurance Requirements

INDEMNIFICATION
CITY shall defend (with counsel reasonably approved by DISTRICT), indemnify and hold harmless DISTRICT, County, and their respective officers, officials, agents, volunteers, and employees from and against any and all claims, demands, damages, costs, expenses (including attorney's fees), judgements and liabilities relating to this Agreement or the performance or attempted performance of the provisions hereof, whether directly or indirectly, including, but not limited to, the acts, errors or omissions of any person or entity ( collectively, "Claims"), except where such indemnification is prohibited by law; provided, however, that Claims shall not include any claims, demands, damages, costs, expenses (including attorney's fees), judgements or liabilities resulting from the sole or gross negligence or willful misconduct of DISTRICT.

NOTIFICATION OF INCIDENTS AND SURVIVAL OF INDEMNIFICATION PROVISIONS CITY shall immediately notify OTSTRTCT in the event of any accident, injury, or Claims relating to this Agreement. The indemnification provisions in this Agreement shall survive any expiration or termination of this Agreement.

INSURANCE
Without limiting CITY's indemnification of County as provided in this Agreement, CITY shall procure and maintain for the duration of the Agreement insurance against Claims for injuries to persons or damages to property which may arise from or in connection with the use of the Licensed Area, including the following required insurance coverages, at CTTY's sole cost and expense ("Insurance Coverages"). Insurance Coverages are to be placed with insurers which (1) have a Best's rating of no less than A: VII, and (2) are admitted insurance companies in the State of California.

All other insurers require the prior approval of County. Failure to comply with the insurance requirements set forth in this Agreement shall constitute default under this Agreement by CITY.

Upon request by County, CITY shall provide to County within ten (10) working days a certified copy of the insurance policy or policies evidencing the Insurance Coverage(s) specified in such request.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Workers' Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

3. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CITY has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

4. Property Insurance: against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision If CITY maintains higher limits than the minimums shown above, DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CITY. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to DISTRICT.

B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured - DISTRICT, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of CITY including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the CITY'S insurance at (least as broad as ISO Form CG 20 10).

2. Primary Coverage - For any claims related to this contract, CITY'S insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects DISTRICT, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by DISTRICT, its officers, officials, employees, or volunteers shall be excess of CITY'S insurance and shall not contribute with it.

3. Legal Liability Coverage- The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the Property.

4. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to DISTRICT.

5. Waiver of Subrogation Rights - CITY hereby grants to DISTRICT a waiver of any right to subrogation which any insurer of said CITY may acquire against the DISTRICT by virtue of the payment of any loss under such insurance. CITY agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not DISTRICT has received a waiver of subrogation endorsement from the insurer.

6. Deductibles and Self-Insured Retention -Any deductibles or self-insured retentions must be declared to and approved by DISTRICT. DISTRICT may require CITY to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

7. Acceptability of Insurers - Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best's Insurance Guide rating of "A- VII".

8. Verification of Coverage- CITY shall furnish DISTRICT with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to DISTRICT before occupying the premises. However, failure to obtain the required documents prior to the work beginning shall not waive CITY'S obligation to provide them. DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

9. Failure to Procure Coverage - In the event that any policy of insurance required under this Agreement does not comply with the requirements, is not procured, or is canceled and not replaced, DISTRICT has the right but not the obligation or duty to terminate the Agreement. Maintenance of required insurance coverage is a material element of the Agreement and failure to maintain or renew such coverage or to provide evidence of renewal may be treated by DISTRICT as a material breach of contract.

10. Special Risks or Circumstances - DISTRICT reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. CITY agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of DISTRICT to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of DISTRICT.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
August 28, 2023

ITEM FOR COUNCIL CONSIDERATION
Real Property License Agreement concerning the Carpinteria High School Area Crosswalk Safety Improvement Project.

Sample Motion: I move to authorize the City Manager to execute a Real Property License Agreement with the Santa Barbara County Flood Control and Water Conservation District for the Carpinteria High School Area Crosswalk Safety Improvement Project. (This motion requires a roll call vote.)

BACKGROUND
The Carpinteria High School Area Crosswalk Safety Improvement Project is currently under design in the preliminary engineering plan phase. As part of this phase, right-ofway acquisitions are also in progress. The project location is proposed to be partially situated on both a Santa Barbara County Flood Control and Water Conservation District (County) parcel and the State of California right-of-way of State Route 192/Foothill Road. The right-of-way acquisitions involve individual agreements with the County and State of California, respectively.

The purpose of this agenda item is for the City Council to authorize the City Manager to execute a Real Property License Agreement (Agreement) with the Santa Barbara County Flood Control and Water Conservation District for the Carpinteria High School Area Crosswalk Safety Improvement Project. An agenda item of the draft State of California agreement will be presented to the City Council at a future meeting.

DISCUSSION
The project location is partially on the County parcel of Assessor Parcel Number 004- 006-074. In order for the project to legally do so, the County does require for the City to execute the Agreement. A copy of the Agreement is shown as Attachment A. The Real Property License Agreement for the Carpinteria High School Area Crosswalk Safety Improvement Project August 28, 2022

Page 2 ends

County parcel that is the Licensed Area is Exhibit B to the Agreement. The Agreement, approved, would allow for the signal improvements as well as formalize authorization for the existing Franklin Creek Trail improvements between Meadow View Lane and State Route 192/Foothill Road.

The Agreement also describes the City's responsibilities for the maintenance and operation of the trail improvements on county property. The draft County Use Agreement was reviewed by the City Attorney's Office, which found no exceptions.

On March 23, 2023, the Public Facility Site Acquisition/Development Committee reviewed the proposed County Use Agreement and recommended it for consideration by the City Council.

POLICY CONSISTENCY
Consummating the Agreement will allow for work to proceed on a signal project that will serve to enhance Franklin Creek Trail, including the pedestrian crossing at State Route 192, improving safety for pedestrians and bicyclists on a school route. The recommendation may be found consistent with the following objectives and policies of the General Plan and Local Coastal Plan:

Circulation Element
Objective C-7: Build demand for alternative transportation use by increasing ease, effectiveness, and social acceptability, and through foresighted planning.

Policies:

C-7b. Develop safe and direct pedestrian accessibility between residential areas, schools, parks, and shopping areas in both new and existing urban areas.

Objective C-8: Support and develop safe, direct and well-maintained bicycle and pedestrian systems and recreational boating facilities that serve all segments of the public.

Policies:

C-Ba. Integrate the development of bicycle routes and pedestrian pathways in additional areas of the city, and encourage the utilization of such routes for commuting as well as recreational purposes.

C-Bf Encourage pedestrian movement by providing pedestrian facilities that are direct and convenient, particularly in the beach and downtown areas.

Open Space, Recreation & Conservation Element
Real Property License Agreement for the Carpinteria High School Area Crosswalk Safety Improvement Project August28,2022

Page 3 ends

Objective OSC-14: Provide for adequate park and recreation facilities to meet the needs of the community and visitors.

Policies:

Objective OSC-15: Maintain the existing trail system and provide additional recreation and access opportunities by expanding the trail system.

Policies:

Finally, the recommendation is consistent with the adopted Capital Improvement Plan 1 .

FINANCIAL CONSIDERATIONS
No additional funding is being requested for the recommendation. The Carpinteria High School Area Crosswalk Safety Improvement Project is programmed in the City's Fiscal Year 2023/24 Capital Improvement Program Budget. The programmed funding sources includes the annual formula funding allocation of Measure A and Measure X funding.

Further, the project is programmed in the Revised Measure A Five-Year Local Program of Projects as approved by the City Council on May 22, 2023 (Resolution No. 6243).

The future ongoing maintenance cost will be budgeted as a part of the facilities maintenance program in future fiscal years.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
1 City Council Resolution No. 6153
Real Property License Agreement for the Carpinteria High School Area Crosswalk Safety Improvement Project August 28, 2022

Page 4 ends

The City Attorney's Office reviewed the proposed County Use Agreement and finds no exceptions to it as to form.

OPTIONS

1. Authorize the City Manager to execute a Secondary Use Agreement with the Santa Barbara County Flood Control and Water Conservation District for the Carpinteria High School Area Crosswalk Safety Improvement Project. (Staff recommendation)

2. The City Council could choose not to consider the staff recommendation.

However, non-action would delay the project.

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

ATTACHMENTS
Attachment A: Real Property License Agreement: Secondary Use of Flood Control Land 12A-10.1
Staff contact:

John L. Ilasin, Public Works Director
(8050 880-3402; [email protected]
Reviewed by:

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

ATTACHMENT A
Real Property License Agreement: Secondary Use of Flood Control Land 12A-10.1

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Project:

APN:

City of Carpinteria
Carpinteria High School Area
Crosswalk Safety
Improvements Project
004-006-07 4
REAL PROPERTY LICENSE AGREEMENT;

SECONDARY USE OF FLOOD CONTROL LAND
12A-10.1
THIS REAL PROPERTY LICENSE AGREEMENT ("Agreement") is made by and between the SANT A BARBARA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a special district (hereinafter the "DISTRICT"), and the City of Carpinteria, a municipal corporation (hereinafter the "CITY"), with reference to the following:

WHEREAS, the DISTRICT holds fee ownership of that certain parcel of land in the County of Santa Barbara, City of Carpinteria, State of California, particularly described as APN 004-006-074 (hereinafter the "Property"); and
WHEREAS, the DISTRICT operates and manages flood control facilities on the Property known as the Franklin Channel; and
WHEREAS, on July 7, 1998, the DISTRICT's Board of Directors adopted Resolution No. 98-266, establishing a policy entitled "A Policy for Secondary Uses of Flood Control and Water Conservation Facilities for Bikeway and Recreational Purposes," which is attached hereto as Exhibit "A" and incorporated herein by this reference ("Policy"), that provides the DISTRICT may license or permit the use of a right-of-way on Flood Control property for development and use for bicycle, hiking and riding trails, and other park and recreation purposes; and WHEREAS, the CITY has constructed, owns and maintains the Franklin Trail on the Property ("Franklin Trail"), subject to that certain License Agreement by and between the CITY and the DISTRICT dated on or about the date hereof ("Trail License Agreement"); and WHEREAS, the CITY has requested a pedestrian crosswalk realignment at Franklin Trail connecting to Carpinteria High School ("Crosswalk"), and desires to use a portion of the District's parcel for public crosswalk purposes while continuing to license and maintain the remainder of the Franklin Trail on the Property in accordance with the Trail License Agreement; and WHEREAS, the DISTRICT has determined that it is in the public interest to allow continued public use of the Crosswalk and the remainder of the Franklin Creek Trail in order to provide Santa Barbara County ("County") residents with access and recreational opportunities; and
WHEREAS, in accordance with California Government Code Section 25526.6, and Section 12A-10.l of the Santa Barbara County Code, the Director of Public Works has found that

Page 1 of 4 ends

the establishment of such a license is in the public interest and will not substantially conflict or interfere with the use of the Property by the County; and WHEREAS, the CITY desires to enter into a license agreement with the DISTRICT for maintenance and public use of the Crosswalk and the Franklin Creek Trail while complying with the DISTRICT'S policy on secondary use of property owned by the District.

NOW, THEREFORE, subject to the criteria and conditions set forth in the Policy, and in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

I. PROPERTY AND LICENSE AREA LOCATION: The DISTRICT holds fee ownership of the Property and operates a portion of the Franklin Channel thereon. The DISTRICT acquired the Property for flood control purposes via Grant Deeds recorded on November 3, 1968, as Instrument number 35409, Book 2251, Page 1091, and on March 13, 1975, as Instrument number 7730, Book 2556, Page 156, in the office of the Santa Barbara County Recorder. The location of the Crosswalk is depicted in Exhibit "B," attached hereto and incorporated herein by reference ("Licensed Area").

2. LICENSE: The DISTRICT hereby grants to the CITY, and the CITY hereby accepts, a revocable, nonexclusive license ("License") for secondary use of the Licensed Area for pedestrian access by the public, subject to the terms and conditions set forth in this Agreement. The License also allows the City to enter, access, improve, and maintain the License Area. The parties hereto do not intend to create a lease or any other interest in real property for the CITY through this Agreement, and the parties hereto only intend to create a license that is revocable at will by either the DISTRICT or the CITY as provided herein.

The CITY has inspected the Licensed Area and agrees to accept the Licensed Area "AS-IS", "WHERE-IS" and "WITH ALL FAULTS" on the date hereof. THE DISTRICT DOES NOT

MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED

AREA OR THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

3. CITY'S OBLIGATIONS:
a) The CITY shall be obligated to comply with, and agrees to be bound by, the provisions of the Policy, including the following obligations imposed on the CITY as "the public agency" thereunder with respect to the Property as the "right-of-way" thereunder:

1. The CITY's use shall not conflict with the DISTRICT's use of the Property, which is primarily for flood control purposes. All other uses of the Property shall be subordinate to flood control purposes. The CITY shall compensate the DISTRICT for any increased costs and/or decreases in revenues associated with any granted secondary uses hereunder.

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ii. Use of the Licensed Area is limited to those uses and locations that are compatible with DISTRICT operation and maintenance activities. All proposed uses hereunder are subject to approval by the DISTRICT and must be compatible with the use and maintenance needs of the DISTRICT. 111. The CITY shall establish rules and regulations for use of the Licensed Area.

Such rules and regulations shall be subject to DISTRICT's approval. The CITY is responsible for ensuring that the public and all other authorized users of the Licensed Area abide by such rules and regulations, and that use of the Licensed Area is at all times in compliance with the terms and conditions of this Agreement.
1v. +-: Any damage to DISTRICT facilities arising from the CITY's use shall be repaired forthwith, at the CITY's sole expense.
b) The CITY shall maintain and repair the Licensed Area at its sole cost and expense.

If CITY fails to maintain or repair the Licensed Area as required by this Section 3.b), then the DISTRICT shall have the right, but not the obligation, to perform said maintenance and repair at the sole cost and expense of the CITY. All costs of such repair or replacement shall be due and payable to the DISTRICT by the CITY on demand. Such maintenance activities shall include, but shall not be limited to, litter and graffiti abatement. CITY improvements and maintenance activities on the Licensed Area shall be designed and carried out in accordance with DISTRICT standards and subject to DISTRICT approval. c) The CITY shall not construct or authorize any improvements on the Licensed Area without the prior written consent of the DISTRICT. The CITY shall be responsible for any and all construction, inspection, repair, and maintenance costs associated with CITYconstructed improvements on the Licensed Area. For purposes of this Agreement, "CITYconstructed improvements" shall include improvements constructed on behalf of the CITY.

Any and all CITY-constructed improvements on the Licensed Area shall be constructed in a good and high-quality manner and in compliance with the permits and applicable statutes, ordinances, rules, and regulations of all governing public authorities, as those statutes, ordinances, rules, and regulations are amended from time to time. d) The CITY shall install appropriate information and warning signs related to the use of the Licensed Area.
e) The CITY agrees to the insurance and indemnification provisions set forth m Exhibit "C," attached hereto and incorporated herein by this reference. f) The CITY shall obtain and maintain, at its sole cost and expense, all applicable approvals, permits, or licenses required by any governmental authority which are required for the CITY' s permitted use of the Licensed Area hereunder. Any and all conditions of such permits which may affect the Property shall be subject to prior written approval by the DISTRICT. The CITY shall, at its sole cost and expense, at all times during the term of this Agreement comply with all applicable County, State and Federal laws, ordinances, rules, regulations, and requirements now in effect or which may hereafter be in effect during the term of this Agreement. The judgment of any court of competent jurisdiction,

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Secondary Use Agreement/Carpinteria High School Area Crosswalk Safety Improvements Project or the admission of the CITY in any action or proceeding against the CITY, whether the DISTRICT is a party thereto or not, that the CITY has violated any such ordinance or statute, shall be conclusive of that fact as between the CITY and the DISTRICT.

4. LIMITATION OF LIABILITY: The DISTRICT shall not be responsible for ANY obstruction of or damage to the Trail or the Licensed Area or to any associated improvements, including, but not limited to, obstruction or damage associated with the DISTRICT'S use of the Property, including, but not limited to, the Licensed Area, for flood control purposes and/or work in the Franklin Channel.

5. ADMINISTRATION: The provisions of this Agreement shall be administered and enforced by the Santa Barbara County Director of Public Works or assignee.

DISTRICT: County of Santa Barbara, Public Works
Flood Control and Water Conservation District
130 East Victoria Street
Santa Barbara, CA 9310 l
CITY: City of Carpinteria
City Manager
5775 Carpinteria Avenue
Carpinteria, CA 93013
Or at such other address or to such other person as such party may from time to time designate in accordance with this Section 6. The date of mailing, or in the event of personal delivery, the date of delivery, of such notice shall constitute the date of delivery of such notice.

7. LICENSE PERIOD; TERMINATION: The "License Period" for the Licensed Area shall commence on the effective date hereof and shall be subject to termination as hereafter provided.

This Agreement shall be revocable by either party hereto at any time during the License Period; provided that the terminating party delivers to the non-terminating party thirty (30) days' prior written notice of its election to terminate. Such termination notice shall state the date of termination and shall be sent in accordance with the notice requirements set forth in Section 6, above. The CITY's termination right is subject to no default by the CITY existing under this Agreement at the time such termination notice is sent and on the actual termination date.

The DISTRICT shall have the right to suspend or terminate this Agreement upon written notice to the CITY if, in the DISTRICT'S sole opinion, the Licensed Area and/or CITY-constructed improvements on the Licensed Area are not adequately maintained, the use of the Licensed Area permitted hereunder becomes incompatible with DISTRICT activities, or if the interests of the DISTRICT and/or the County of Santa Barbara should so require.

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Secondary Use Agreement/Carpinteria High School Area Crosswalk Safety Improvements Project

8. NON-ASSIGNMENT: The CITY shall not assign, transfer, or subcontract this Agreement or the License, or any of its rights or obligations under this Agreement, without the prior written consent of the DISTRICT in each instance, and any attempt to so assign, subcontract or transfer without such consent shall be void and without legal effect and shall constitute grounds for immediate termination of the License and this Agreement by the DISTRICT.

9. SUR VIV AL: All provisions of this Agreement which by their nature are intended to survive the termination or expiration of this Agreement shall survive such termination or expiration, including indemnification and limitation ofliability provisions.

This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

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Secondary Use Agreement/Carpinteria High School Area Crosswalk Safety Improvements Project IN WITNESS WHEREOF, DISTRICT and CITY have executed this License Agreement by their respective authorized officers as set forth below to be effective as of the first date fully executed by all of the parties hereto.

APPROVED AS TO FORM:

RACHEL VAN MULLEM

COUNTY COUNSEL
By: _
Deputy County Counsel

SANT A BARBARA COUNTY

FLOOD CONTROL AND WATER

CONSERVATION DISTRICT
By:-----------
Scott McGolpin, Public Works Director
and District General Manager
APPROVED AS TO FORM:

GREG MILLIGAN, ARM

RISK MANAGER
By:
-----------
Greg Milligan
Signatures continued on the next page

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ATTEST: CITY OF CARPINTERIA
By: ------------
City Clerk: Brian Barrett, CMC, CPMC
Date: ------------
By:--------------
Dave Durflinger, City Manager
Date: -------------
APPROVED AS TO FORM:

Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney for City of Carpinteria

Page 7 of 4 ends

EXHIBIT B

MAP SHOWING THE LICENSED AREA

BIKE PATH
at APN 004-006-074
I
/
400
Feet

EXHIBIT A
"A POLICY FOR SECONDARY USES OF FLOOD CONTROL AND WATER CONSERVATION FACILITIES FOR BIKEW A Y AND RECREATION PURPOSES"

BY THE BOARD OF DIRECTORS OF THE SANTA BARBARA COUNTY FLOOD

CONTROL AND WATER CONSERVATION DISTRICT
In order to maximize the public benefit and public convenience, it is the policy of the Santa Barbara County Flood Control District that the secondary use of Flood Control property for recreational and trail purposes shall be encouraged. To this end, the District may license or permit the use of a right-of-way for development and use for bicycle, hiking and riding trai Is, and other park and recreation purposes, under the following criteria and conditions:

1. A public agency empowered to engage in and finance the proposed park and/or recreation use shall enter into a formal written agreement with the District regarding such use. The District reserves the right to deny such use at its sole discretion. The public agency shall pay all District costs for developing such agreement.

2. The public agency's use shall not conflict with the District's use of its rightsof-way, which is primarily for flood control purposes. All other uses shall be subordinate to flood control purposes. The public agency shall compensate the District for any increased costs and/or decreases in revenues associated with any granted secondary uses.

3. Joint use of District fee property and/or right-of-way are limited to those uses and locations that are compatible with District operation and maintenance activities.

5. The public agency shall establish rules and regulations for public use of the District's rights-of-way. Such rules and regulations shall be subject to District's approval.

6. Where the District's interest in its right-of-way is less than fee ownership, the public agency shall secure written permission from the fee owner for its intended use.

9. The District shall not be liable for any damage to improvements made by the public agency which arise from the District's use of its rights-of-way for flood control purposes, including changes which the District may make to its facilities.

10. The District shall not be liable for any injury or damage to persons or property arising out of the use of its rights-of-way for park and recreation purposes.

11. The public agency shall defend, indemnify and hold harmless the District against any and all claims or lawsuits arising out of or connected with the use of the District's rights-of-way for park, recreation, or other uses. Such indemnification language in the agreement shall be in a form acceptable to County Counsel and Risk Management.

12. All proposed uses are subject to approval by the District and must be compatible with the use and maintenance needs of the District.

13. Recreational facilities planned along a flood control facility either constructed by, or in cooperation with a federal agency, must receive approval from the federal agency in addition to the District. Federal requirements may specify whether a license or permit will be issued.

14. Only approved uses will be granted a license or permit for the use. The District reserves the right to suspend or revoke a license or permit if, in the District's sole opinion, the permitted activities become incompatible with District activities or if the interests of the District should so require.

EXHIBITC
Indemnification and Insurance Requirements

INDEMNIFICATION
The CITY shall defend (with counsel reasonably approved by the DISTRICT), indemnify and hold harmless the DISTRICT, the County of Santa Barbara, and their respective officers, officials, agents, volunteers, and employees from and against any and all claims, demands, damages, costs, expenses (including attorney's fees), judgements and liabilities relating to this Agreement or the performance or attempted performance of the provisions hereof, whether directly or indirectly, including, but not limited to, the acts, errors or omissions of any person or entity (collectively, "Claims"), except where such indemnification is prohibited by law; provided, however, that Claims shall not include any claims, demands, damages, costs, expenses (including attorney's fees), judgements or liabilities resulting from the sole or gross negligence or willful misconduct of the DISTRICT.

NOTIFICATION OF INCIDENTS AND SURVIVAL OF INDEMNIFICATION PROVISIONS The CITY shall immediately notify the DISTRICT in the event of any accident, injury, or Claim relating to this Agreement. The indemnification provisions in this Agreement shall survive any expiration or termination of this Agreement.

INSURANCE
Without limiting the CITY's indemnification of the COUNTY as provided in this Agreement, the CITY shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the use of the Licensed Area, including the following required insurance coverages, at CITY's sole cost and expense ("Insurance Coverages"). All Insurance Coverages are to be placed with insurers which (1) have a Best's rating of no less than A: VII, and (2) are admitted insurance companies in the State of California. All other insurers require the prior approval of the COUNTY. Failure to comply with the insurance requirements set forth in this Agreement shall constitute default under this Agreement by the CITY. Upon request by the COUNTY, the CITY shall provide to COUNTY within ten (10) working days a certified copy of the insurance policy or policies evidencing the Insurance Coverage(s) specified in such request.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

3. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CITY has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

4. Property Insurance: against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision If the CITY maintains higher limits than the minimums shown above, the DISTRICT requires and shall be entitled to coverage for the higher limits maintained by the CITY.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the DISTRICT.

B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured - The DISTRICT, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CITY including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CITY'S insurance at (least as broad as ISO Form CG 20 10).

2. Primary Coverage - For any claims related to this contract, the CITY'S insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the DISTRICT, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the DISTRICT, its officers, officials, employees, or volunteers shall be excess of the CITY'S insurance and shall not contribute with it.

3. Legal Liability Coverage - The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the Property.

4. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the DISTRICT.

5. Waiver of Subrogation Rights - The CITY hereby grants to DISTRICT a waiver of any right to subrogation which any insurer of said CITY may acquire against the DISTRICT by virtue of the payment of any loss under such insurance. CITY agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the DISTRICT has received a waiver of subrogation endorsement from the insurer.

6. Deductibles and Self-Insured Retention - Any deductibles or self-insured retentions must be declared to and approved by the DISTRICT. The DISTRICT may require the CITY to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

8. Verification of Coverage- CITY shall furnish the DISTRICT with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to DISTRICT before occupying the premises. However, failure to obtain the required documents prior to the work beginning shall not waive the CITY'S obligation to provide them. The DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

City of Carpinteria
Cour.rcr- Aceruoe Srnrr Reponr
August 28,2023

ITEM FOR COUNCI CONSIDERATION
Participation in the Sustainable Community Network Program for residential solar and battery storage.

STAFF RECOMMENDATION
Authorize the City Manager to execute a Program Participation Agreement with Electriq Power, Inc, for the City to participate in the Sustainable Community Network Program.

Sample Motion: I move to authorize the City Manager to execute a Program Participation Agreement with Electriq Power, Inc, for the City to participate in the Sustainable Community Network Program,

BACKGROUND
The City of Carpinteria (City) is located at the end of Southern California Edison's (SCE) electrical distribution grid. Due to the unique topography of the south coast of Santa Barbara County, the transmission lines that deliver electricity are located in areas at risk of being impacted by wildfire, debris flows, and other natural disasters. ln the past such disasters have resulted in prolonged electrical outages when the two high-voltage 220166kV transmission lines servicing the area stop preforming simultaneously. SCE can also conduct planned power outages known as Public Safety Power Shutdowns (PSPS) in an effort to reduce the likelihood of wildfires sparked by transmission line.

Planned and unexpected power outages can occur throughout Carpinteria and the local region at any time and for multiple reasons, leaving communities without power, and individual electricity consumers have no recourse unless they are able to provide their own resilient, backup source of electricity, such as through solar and battery storage programs.

Climate change related weather extremes can also contribute to highly variable electricity use. Under extreme heat conditions, the electrical grid can become strained, resulting in rolling blackouts to ensure that there is not an overall power failure. These extreme conditions and the associated stress on the grid usually peak towards the evening hours, when solar generation declines and consumers are returning home, Sustainable Community Network
August 28,2023
Page2
increasing demand for electricity. When this occurs, Flex Alerts are issued and consumers are asked to adjust thermostats, unplug unused electronic devices, and turn off unnecessary lights. Power outages can be particularly harmful to communities facing barriers, such as people who rely on electricity for health reasons.

The City has identified promoting local renewable energy infrastructure as a priority in the Carpinteria Strategic Energy Plan to address both energy resilience and reliance in Carpinteria. Adopted in 2019, the key objectives identified in the Strategic Energy Plan (SEP) include identifying total resource potential for distributed solar development in Carpinteria on rooftops and parking lots; creating a list of priority sites for renewable energy development throughout Carpinteria; and developing a set of strategies to remove barriers to renewable energy development in diverse program areas ranging from drafting regulatory frameworks to creating new financing mechanisms.

The purpose of this staff report is to authorize the City Manager to execute a Program Participation Agreement with Electriq Power, lnc, for the City to support the Sustainable Community Network Program (Program) and create a fund dedicated to revenues collected above the required $15,000 escrow balance, for use on future clean energy projects and programs.

DISCUSSION
The Sustainable Community Network (SCN), created by Electriq Power, lnc., provides affordable, microgrid solutions to residents by providing solar and battery storage systems (behind the meter), at a known and contracted rate. The Program's focus is providing options for clean energy technology at no upfront cost, regardless of income level, allowing households without access to traditional financing instruments (such as credit ratings) to participate.

SCN provides a residential solar-microgrid (a behind-the-meter smart home battery and solar photovoltaic install) to participants through a Power Purchase Agreement (PPA).

Unlike traditional PPA's, the SCN PPA has no FICO requirement, no property lien, and no deposit or other upfront cost, and is easy to buy out or transfer to a new property owner. SCN provides the Program throrigh a partnership with a local stakeholder, in this case the City of Carpinteria, to ensure the PPA is validated and to support outreach in the local community.

The City of Santa Barbara was the first jurisdiction to partner with and endorse the Sustainable Community Network. Through the terms of the agreement negotiated between SCN and the City of Santa Barbara, 5o/o of the revenue that is generated by projects in the unincorporated County and incorporated cities that have not yet entered into an agreement with SCN is collected by Santa Barbara. City of Santa Barbara vetted this program, including requiring a rewrite of the Power Purchase Agreement that SCN enters into with participants to ensure that the program would not negatively impact residents.

Sustainable Community Network
August 28,2023

Page 3 ends

lncorporated cities can enter into an agreement with SCN and begin collecting the 5% revenue share of projects that take place within their boundaries. This partnership is only available to incorporated cities and, to date, the City of Goleta has entered into an agreement with SCN.
lf the City chooses to support the Program through City-specific branding, and collect a portion of the revenue share from projects that occur within City limits, it would need to enter into a Program Participation Agreement ttachment A with SCN. Under this agreement, the City would not be required to commit any funds to the program. lnstead, once a specified minimum threshold balance in the revenue sharing escrow account is met, it would earn a 5% share of revenue from all PPAs entered into with SCN within the City. This escrow account threshold balance serves as a financial security against risk of customer late payment or default and allows the program to do away with any FICO requirement or property-specific lien. Use of this financial structure enables the PPA to be offered to the entire community, regardless of access to credit and traditional financial instruments. SCN has agreed to a five percent (5%) revenue share with a $15,000 minimum threshold balance for the City of Carpinteria.

The 5% revenue share begins to accrue into the escrow account as soon as the PPA payments begin and, although the exact timing is difficult to estimate precisely, SCN expects it will take between two and five years before it meets the minimum threshold and begins flowing to the City. This timing depends on the rates of default and the economics of the individual systems in the program. Even before the City begins to receive a revenue share, SCN would also have contributed to local investment and jobs, as well as local energy resilience and reliance measures.

It is important to note that the City would not be a direct party to the PPA between SCN and residential customers. A model PPA is attached to the Program Participation Agreement so participating residents can know whether the PPA they sign matches the one the City reviewed to ensure transparency and consistency. Should the City elect not to support the Program, SCN can still offer all Program elements to City residents; however, the City would not be able to collect any revenues from project that occur within City boundaries.

Should the City enter into a Program Participation Agreement with SCN, we would support the program through public outreach, marketing, newsletters, listing on the City website, etc. This outreach would direct interested residents to the program enrollment website that would be created with Carpinteria branding, and including Carpinteria's logo, similar to the ones created for Santa Barbara and Goleta.

The Utilities Subcommittee heard this item on July 28,2023 and directed staff to bring an agreement before Council to enter into a Program Participation Agreement to support the Sustainable Community Network and to create a dedicated fund for revenue Sustainable Community Network
August 28,2023

Page 4 ends

collected over the minimum threshold balance, with the purpose of dedicating those funds to future clean energy projects and/or programs.

POLICY CONSISTENCY
Exploring energy purchase and delivery options that could encourage use of alternative energy sources can be found consistent with the City General Plan policies and implementation measures that are a part of the Conservation Element and aim to reduce air pollution and conserve natural resources. Entering an agreement with SCN is also consistent with the City's Sustainability Policy with regard to Environmental Stewardship and Energy Conservation, as well as Resolution No. 5908 - Carpinteria Strategic Energy Plan.

FINANCIAL CONSIDERATIONS
No Additional Funding Requested. Minimal staff time to prepare the report is included in the Adopted FY 2023-24 Resource Conservation Fund Budget.

There is no cost to the City by entering into the SCN program participation agreement.

However, should the Council authorize participation, the City may accrue revenue as a program partner. For its participation in the program, 5% of the monthly revenue collected from the PPAs enrolled in SCN will be deposited into a bank account (Escrow) established and managed by Electriq Power for distribution to the City according to the terms and conditions detailed in the agreement. The revenue share for the applicable PPAs owed to the City would be deposited into Escrow, contingent upon conditions being met and maintained including a minimum balance of $15,000 (Threshold Balance). When the conditions are satisfied, the funds in Escrow would be distributed to the City in an account dedicated to future clean energy projects or programs.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed the Program Participation Agreement and has no exceptions. They have also conducted a review of the Power Purchase Agreement and confirmed there is no risk to the property owner.

OPTIONS
The City Council could choose to

1. Authorize the City Manager to execute a Program Participation Agreement with Electriq Power, lnc, for the City to participate in the Sustainable Community Network Program.

2. Direct staff concerning any changes as determined necessary.

3. Decline to approve the recommendation.

Sustainable Community Network
August 28,2023

Page 5 ends

PRINCIPAL PARTIES EXPECTED AT MEETING
Stephen Honikman, Electriq Power

ATTACHMENTS
Attachment A: Sustainable Community Network Program Participation Agreement Staff contact:

Erin Maker, Environmental Program Manager
(805) 880-341 5; [email protected]
Reviewed by:

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

Dave Durflinger, City Manager
(805) 7 55-4400; [email protected]
fu'&z A >4^"/<-LU Signature

ATTACHMENT A

SUSTAINABLE COMMUNITY NETWORI( PROGRAM PARTICIPATION AGREEMENT This Sustainable Community Network Programmatic Participation Agreement ("Agreement") entered into on this day, August 28, 2023 is between the City of Carpinteria (the "Participant" or the "City"), a City in the State of California and Electriq Power Inc., ("EP") with a principal place of business of 1937 Davis St., Al, San Leandro, CA94577, collectively, the o'Parties".

RECITALS:

Whereas: EP's Sustainable Community Network Program is a Public-Private partnership that works with various stakeholders, such as Participant, to facilitate residential electricity customers in, or identifuing with, the Participant's jurisdiction, entering into a Power Purchase Agreement (each a "PPA") to finance a behind-the-meter solar-residential microgrid (the "System"), without the need for typical credit checks or property liens as a means to establish the eligibility of a customer (the "Program"); and, Whereas: Participant wishes to participate in the Program, including an endorsement that the PPA or PPAs have no credit check requirement as a means to establish the eligibility of a customer or property liens associated with it, as well as other potential programmatic services that may enhance the Program, for the benefit of local residents and community; and,
Whereas: Participation in this Public-Private partnership may enable Participant to adopt, advance, and achieve various local sustainability, resiliency, and climate change goals, as well as receive a share of the PPA revenue as set forth below; and,
Whereas: the Parties understand their collective involvement as described in the Agreement is important for the Program's success and it is the intent of the Parties to share PPA revenue as described below to bring about the shared programmatic goals of bringing sustainable and resilient energy to local communities;
NOW, THEREFORE, in consideration of the mutual covenants, undertakings and conditions set forth below, the Parties hereby agree as follows:

Programmatic Participation.
a. Endorsement. The Participant (i) agtees to review the Program's potential System Owner's (defined below in Section 2.a) standard form PPAs and publicly endorse, in a method and manner agreed upon by the Parties, the presented standard form PPA and the fact that such PPA lequires no credit check as a requirement to establish eligibility of a customer or property lien for participation in the Program and (b) as reasonably requested by EP, the Participant shall also, through events and other promotional means, including at a minimum authorizing the use of the Participant's identiffing logo on official PPA and Program related materials (the "Endorsement"), support the dissemination of information related to the Program to its residents so as to enhance market awareness of the Program, alerting them to the Program's existence, across the community served by Participant, or as otherwise defined by this Agreement, all as described in Exhibit 1 ('Programmatic Participation". This Endorsement shall be attached as an Exhibit to each PPA entered into by residents participating in the Program within Participant's jurisdiction. The Parties acknowledge that the form and contents of the Endorsement will be mutually agreed upon by the Parties prior to dissemination.
b. Programmatic Participation. The Participant will take part in Programmatic Participation according to the details provided in Exhibit 1. Programmatic Participation, if any, may accelerate the timing and increase the revenue earned by Participant for providing these services which may include facilitating participant registration, PPA notices, document and programmatic management; from timc to time and as necessary to support the Program and the purchase and sale of electricity between the residents and the Sellers.

2. Revenue Earned by Participant, Terms of Distribution, Use of Revenue Share Prior to Distribution.
a. Revenue Earned by Participant. For its participation in the Program 5o/o of the monthly revenue collected from the PPAs enrolled in the Program endorsed by Participant (the "Revenue Share") shall be deposited into a bank account (the "Escrow") established and managed by EP or the then current owner of the applicable Systems (the "system Owner" or "seller") for distribution to the Participant according to the terms and conditions detailed below in Section 2.b of this Agreement.

Participant shall execute and deliver all agreements, certificates, instruments and documents, as EP or the System Owner may reasonably request, in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby, including but not limited to an Escrow agreement. EP or the System Owner shall delivery all agreements, certificates, instruments, documents and information, as Participant may reasonably request, in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby, including but not limitcd to the provision of information reasonably necessary to verifu the Participant's Revenue Share and distributions.

Participant acknowledges and agrees that its Revenue Share deposited into Escrow shall provide a First Loss Reserve that will be used to ensure that EP or the System Owner does not experience a reduction in their anticipated revenues in the event of late payments or PPA defaults. During each Disbursement Period during the Term, the "First Loss Reserve" shall be calculated by EP or the System Owner as the total sum of all lost Expected Revenue due to late payments or PPA defaults during such Disbursement Period. For the purposes of this Agreement, (i) "Expected Revenue" means the PPA price (for each applicable PPA during the Disbursement Period) multiplied by the expected output (as defined in Exhibit B of each such applicable PPA during the Disbursement Period), and (ii) "Disbursement Period" means a calendar year during the Term. Participant acknowledges that Revenue Share earned under this Agreement is, along with other credit enhancement attributes associated with the Program, critical to the ability for the Program to offer its PPA without a credit check requirement as a means to establish the eligibility of a customer or property liens.

Participant shall have reasonable and uninterrupted Escrow account activity access, including balances, deposits, and debits, during the Term of the Program. For purposes of this Agreement, the "Term" of the Program shall commence once the first System under a qualifying PPA achieves system activation and shall terminate upon the last qualifring PPA to terminate or expire. The Revenue Share for the applicable PPAs owed to the Participant shall be deposited into Escrow within fifteen (15) days of the end of the prior calendar month and such deposit shall continue for the remainder of the term of such applicable PPAs provided Participation is not interrupted or the applicable PPAs or this Agreement is not otherwise terminated. b. Terms of Distribution. Disbursement of Revenue Share to Participant from Escrow is contingent upon the following conditions being met and maintained:
i. A minimum balance of $15,000 (the "Threshold Balance") in the Escrow has been achieved and maintained;
lll
A minimum of $500 per home enrolled in the Program is held in Escrow; The default rate for any three consecutive months (the "Rolling Default Rate") of the homes enrolled in the Program is less than the Revenue Share for six months; In the event the Escrow has been exhausted, all amounts owed to the System Owner are paid in full prior to resumption of Revenue Share deposits; and v. The Participant has, in the reasonable judgment of EP and the System Owner, met its responsibilities and obligations as described in Exhibit l.

When the above conditions are satisfied, EP or the System Owner shall, within ninety (90) days of the closing of the Disbursement Period in which the above conditions were satisfied, disburse the funds in Escrow to the Participant for unconditional use; provided such disbursement shall not be made more than once per calendar year.
c. Use of Escrow funds Prior to Distribution. Prior to distribution of Revenue Share from Escrow to the Participant, EP or the System Owner may use the funds in Escrow, without notice to Participant, to make up for any late or defaulted payment that would otherwise and ordinarily be made to EP or the System Owner. For the avoidance of doubt the funds in the Escrow may be used by EP or the System Owner, provided, however, such use is to cover late or defaulted PPA payment owed to EP or the System Owner as if all PPA payments were made per the terms of the PPA. Escrow funds are intended to be used to make up for late or defaulted PPA payments and if such use causes the Escrow fund to drop below the Terms of Distribution in Section 2(b) above then no distribution shall be made prior to Escrow returning to compliance. Further, if Escrow funds are expended but late payments or defaults continue that would otherwise have been covered by the Escrow, EP or the System Owner shall recover these amounts before the Revenue Share distributions resume. If a PPA payment arrives after the withdrawal of funds have been made from the Escrow to complete normal payments to EP or the System Owner the PPA payment shall be paid directly, in full, into Escrow so as to avoid double payments to EP or the System Owner.

3. Assignment. This Agreement may be assigned in whole or in part (including collateral assignment of this Agreement to financing parties) by EP or future System Owners, without the prior written consent of Participant, provided such assignment preserves the terms ofthe Agreement. In the event of any such assignment the Assignor shall be released from all its liabilities and other obligations under this Agreement. This Agreement shall be binding on and inure to the benefit ofthe successors and permitted assignees.

4. No Legal Advice or Professional Services. Neither the Participant nor EP is providing legal or professional advice about the Program.

5. Indemnification. Each Pafly (the "Indemnifying Party") shall defend, indemniff and hold harmless the other Party and the directors, officers, shareholders, partners, members, agents and employees of such other ParA, and the respective affiliates of each thereof (collectively, the "Indemnified Parties"), from and against all loss, damage, expense, liability and other claims, including court costs and reasonable attorneys' fees (collectively, "Liabilities") resulting from any third party actions relating to the breach of any representation, warrant5/, or covenant set forth in this Agreement, and from injury to or death of persons, and damage to or loss of property to the extent caused by or arising out ofthe negligent acts or omissions of, or the willful misconduct of, the Indemniffing Pa(y (or its contractors, agents or employees) in connection with this Agreement; provided, however, that nothing herein shall require the Indemnifuing Party to indemni! the Indemnified Party for any Liabilities to the extent caused by or arising out of the negligent acts or omissions of, or the willful misconduct of; the Indemnified Party. Participant is specifically indemnified for any damages or liabilities alleged or found in judgment by residents whose participation in the Program was induced by Participant's involvement in the Program and the Parties agree Participant shall not be liable for any activity or participation associated with the Program unless such liability is directly linked to willful misconduct or grossly negli gent activity by Participant.

6. Choice of Law. The law of the state where the System is located shall govern this Agreement without giving effect to conflict of laws principles.

7. Disputes, Arbitration and Attorneys' Fees. Any dispute arising from or relating to this Agreement shall be settled first by good-faith negotiations hetween the parties around the principles described in the recitals of the Agreement. Good faith negotiations shall begin and be pursued using commercially reasonable and time is of the essence standards commencing within l5 days of a Party delivering written notice to the other Party of the dispute. If no resolution is agreed to within 90 days following notice of dispute, the parties may agree to settle the issue by arbitration; venue to be in the County jurisdiction where the Participant is located and administered according to the American Arbitration Association ("AAA"), pursuant to its then current Commercial Arbitration Rules with a sole neutral arbitrator selected in accordance with the AAA Commercial Arbitration Rules. Judgment on the dispute, and on any award that may be determined by the Arbiter, may be entered in any court of competent jurisdiction.

If the Parties agree, any dispute may be mediated prior to arbitration subject to any party's right to initiate arbitration of the dispute. The prevailing party, as determined by the arbitrator, in any dispute arising out of this Agreement shall be entitled to reasonable attorneys' fees, costs, AAA administrative fees, and arbitrator's fees and expenses.

8. Notices. All notices under this Agreement shall be in writing and shall be by personal delivery, electronic mail, overnight courier, or regular, certified, or registered mail, return receipt requested, and deemed received upon personal delivery, acknowledgment of receipt of electronic transmission, the promised delivery date after deposit with overnight courier, or five (5) days after deposit in the mail.

Notices shall be sent to the person identified in this Agreement at the addresses set forth in this Agreement or such other address as either Party may specifu in writing. Each Party shall deem a document emailed or electronically sent in PDF form to it as an original document.

9. Survival. Provisions of this Agreement that should reasonably be considered to survive termination of this Agreement shall survive.

10. Further Assurances. Each of the Parties hereto agree to provide such information, execute and deliver any instruments and documents and to take such other actions as may be necessary or reasonably requested by the other Parly which are not inconsistent with the provisions of this Agreement and which do not involve the assumptions of obligations other than those provided for in this Agreement, to give full effect to this Agreement and to carryr out the intent of this Agreement. 1 l. Right of Waiver. Each Party, in its sole discretion, shall have the right to waive, defer or reduce any of the requirements to which the other Parties is subject under this Agreement at any time (other than with respect to and/or relating to the obligation to make any payment due under this Agreement); provided, however that a Party shall not be deemed to have waived, deferred or reduced any such requirements unless such action is in writing and signed by the waiving Party.

12. Liability Limitation. Except as it relates to a Party's indemnity obligations under this Agreement, in no event shall any Party be liable to the other Parties, whether in contract, tort or otherwise, for payment of any special, indirect, incidental, consequential, exemplary, punitive or similar damages.

13. No Partnership. No provision of this Agreement shall be construed or represented as creating a partnership, trust, joint venture, fiduciary or any similar relationship between the Parties.

14. Full Agreement, Modification, Invalidity, Counterparts, Captions. This Agreement, together with any Exhibits, completely and exclusively states the agreement of the Parties regarding its subject matter and supersedes all prior proposals, agreements, or other communications between the Parties, oral or written, regarding its subject matter. This Agreement may be modified only by a writing signed by the Parties and approved in advance, in writing, by the System Owner(s). If any provision of this Agreement is found unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. In such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law. This Agreement may be executed in any number of separate counterparts and each counterpart shall be considered an original and together shall comprise the same Agreement. The captions or headings in this Agreement are strictly for convenience and shall not be considered in interpreting this Agreement.

Participant: City of Carpinteria Electriq Power Inc.

Signature:

Printed Name: Dave Durflinger
Title: City Manager
Date
ATTEST:

Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria

APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Printed Name: Frank A. Magnotti
Title: CEO
Date
Exhibit 1: Programmatic Participation
a. Program Information and Promotion. The City agrees to provide Program information and promotional materials as follows:
i. Notice of Program availability on the City's Resource Conservation webpage and other websites. The notice will advise potential Customers: (1) that the Program enables disadvantaged and otherwise underserved communities potential access to sustainable and resilient electricity for broader community participation in the clean energy transition, (2)that the Program does not require a Customer credit check or risk potential property liens for participation in the Program, (3) that systems, such as those provided by the Program, may provide back-up power to the homeowner during utiliiy outages, (4) that the Program is financed through PPAs between EP and Customers, and (5) that the Program aligns with the City's sustainability and resiliency goals;
ii. Support thc disscmination of information related to the Program to potential Customers so as to enhance market awareness of the Program and educate them on the Program, through events and other promotional means, such as the City's existing community outreach and engagement channels (including websites, newsletters mailers, social media, public outreach events, etc.).

Support may include dissemination of Program information and marketing materials provided by EP as Participant determines appropriate; and
iii. Authorize EP to use the City's name and other identifying information on Program-related materials, subject to approval by the City not to be unreasonably withheld. b. Customer Acquisition. The City shall support a Customer Acquisition and Program Administration, in a cooperative and consultative capacity, including:
i. Involvement in and contribution to development of Program specific materials, including their creation, distribution, and follow-up, or other activity, that is intended to result in Customer Acquisition.
ii. Community outreach and programmatic activity specifically created for the Program (but not otherwise already existing into which the Program is simply added). c. Sharing of Data. EP shall provide quarterly reports, or upon request, to the City which includes the following information relating to the Program: (i) total capacity of solar energy generation and battery energy storage installed, (ii) total kWh produced. (iii) total revenue collected, and (iv) any other items mutually agreed upon by the Parties.

Exhibit 2: SCN Sample Power Purchase Agreement
Contract I D #
Power Purchase Agreement: Part I - Payment Terms and Summary This Power Purchase Agreement ("Agreement") is given to you by [Provider] (sometimes referred to as "we", "us", or "our"). Under the Agreement you agree to buy and we agree to sell all the electric energy generated by a solar power system and related services from a battery storage system that we will own (the "System"), to be installed at your home (the "Property") as described more fully Part ll - Terms and Conditions ("Part ll" or "Standard Terms") of the Agreement.

This Part I provides answers to some important questions you may have regarding the terms of the Agreement. The answers to the questions below in this Part I are not intended to answer all questions you may have about the Agreement, and only summarize certain terms of the Agreement. Please read the entire Agreement carefully.

What services will we provide?
r We will insure, monitor, operate, maintain and repair the System at no cost to you. r We will bill you the total monthly payment amount set forth above for each month of the Term. Annual price increases are capped at2.9% for the full term of the Agreement.
o This Agreement is offered as a part of a program that avoids credit requirements for qualifying, property liens, or hidden costs. We are able to accomplish this by working with your home city/town, namely [City] ("City"), to support the program ("Program"). The terms of the City's participation in the Program are memorialized separately in a Sustainable Community Network Agreement between Us and the City.

What happens if you want to sell your home?
You have three options if you sell your home as described in Part ll, Section 6 of the Agreement:
o Assign this Agreement to the buyer if the buyer agrees to assume the obligations herein; or o Purchase the System from us; or
r Prepay all monthly payments through the remaining term of the Agreement, in which case the buyer would have no additional payment obligations under the Agreement.

Can you end the Agreement early?
r The Term of the Agreement is twenty-five (25) years.
r The only ways to end the Agreement early are if you sell your home or if you purchase the System as described in Part ll, Section 7 of the Agreement.

What happens at the end of the Term?
o You may purchase the System as described in Part ll, Section 7 of the Agreement; or r You may ask us to remove the System at no cost to you, as described in Part ll, Section 9(c) of the Agreement; or o The Agreement may automatically renew for up to ten (10) one-year renewal terms as described in Part ll, Section 8(a) of the Agreement.

What happens to tax credits, incentives, renewable energy credits and other benefits associated with the System? L2.9o/o 1
Propertv Owner(s):

Prooerty Address:

Propertv Owner Contact lnformation :

Provider:

Payment Terms: $.24lkWh
rEEt applicable taxes and fees, if any.

Monthly Payment:*
Annual Percentage lncrease:
(the "Annual lncrease")
Contract lD # [_]
a We will own all federal, state and local tax credits, incentives, renewable energy credits, green tags, carbon offset credits, utility rebates or other attributes of and related energy storage services from the System; including renewable energy certificates and any similar environmental attributes associated with the electricity output from the System.

The Payment Terms outlined above are only valid if you sign and return the Agreement to us within thirty (30) days of I DATE ], which date may be extended at our sole discretion.

By signing below, you agree that you:
r Have read the entire Agreement including any/all Exhibits; r Agree to all the terms of the Agreement and the Exhibits, including without limitation the arbitration provisions in Part ll, Section 19 of the Agreement;
o Are eighteen (18) years of age or older;
e Unless signing as a co-signer, are either a United States resident or are not exempt from paying Federal U.S. income taxes;
o Are the owner of legal title to the home and that every person or entity with an ownership interest in the home has agreed to be bound by the terms of the Agreement;
o Have understood that Provider has the right to obtain and use your consumer report, but this will not impact eligibility;
o Agree that Provlder wlll make a flnal determination of the property eligibility in its sole discretion; r Acknowledge that you are responsible for making all payments under the terms of this Agreement; e Acknowledge that Provider will communicate with you via email and that you must maintain a working email address in order to receive these communications;
r Acknowledge that you wlll continue to receive a monthly bill from your local utility; o Acknowledge that the System is owned by Provider and/or its affiliates; and r Acknowledge that you have been advised of your right to cancel this Agreement.

REST OF PAGE INTENTIONALLY LEFT BLANK
2 Contract lD #
California Rioht to Gancel Notice:

You, the buyer, may cancel this transaction at any time prior to midnight of the fifth day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.

BY SIGNING BELOW YOU ATTEST THAT YOU HAVE RECEIVED A COMPLETELY FILLED.IN COPY OF THIS AGREEMENT AND THE EXHIBITS, AND TWO (2) COPTES OF A NOTTCE OF CANCELLATION.

Property Owner's Name: Co-Owner's Name (if
any):

Signature:

Date:

Signature
Date:

TERMS OF AUTOMATIC RENEWAL
PROVTDED THAT (l) YOU ARE NOT rN DEFAULT UNDER TH|S AGREEMENT (SEE SECTTON 16 rN PART ll) AND (il) YOU HAVE NOT G|VEN US WRTTTEN NOTTCE OF YOUR TNTENT TO PURCHASE THE SYSTEM AT THE END OF THE TERM (AS DESCRTBED tN SECTTON 7(A)OF PART il), TH|S AGREEMENT

SHALL AUTOMATICALLY RENEW UNLESS WE REGEIVE NOTICE FROM YOU TO THE CONTRARY OR UNTIL THE MAXIMUM NUMBER OF RENEWALS IS REACHED.

TO PREVENT AN AUTOMATIC RENEWAL FROM OCCURRING, WE MUST RECEIVE FROM YOU WRITTEN NOTICE AT LEAST THIRTY (30), BUT NOT MORE THAN NtNETy (90), CALENDAR DAYS

BEFORE THE SCHEDULED COMMENCEMENT OF AN AUTOMATIC RENEWAL THAT YOU DO NOT WISH TO RENEW.

THIS AGREEMENT WILL RENEW AT A MONTHLY PAYMENT EQUAL TO THE MONTHLY PAYMENT FOR YEAR 25 ESCALATING ANNUALLY AT THE APPLICABLE ANNUAL INCREASE RATE.

AT THE END OF THE ORIGINAL TERM, THIS AGREEMENT W|LL RENEW FOR ONE (1) OR MORE ADDITIONAL ONE (1)YEAR RENEWAL TERM(S) FOR A MAXTMUM OF TEN (10) RENEWAL TERMS. wE wlLL SEND YOU A NOTTGE AT LEAST THTRTY (30), BUT NOT MORE THAN StXTy (60), CALENDAR DAYS PRIOR TO THE END OF THE TERM TO (l) REMTND YOU OF YOUR END OF TERM OPT|ONS AND (ll) DlscLosE To You THE MoNTHLY PAYMENT FOR THE F|RST AUTOMATTC RENEWAL TERM AND

THE RATE AT WHICH THE MONTHLY PAYMENT WILL AUTOMATICALLY ESCALATE FOR ANY FUTURE AUTOMATIC RENEWAL TERMS.
3 Contract lD #
Power Purchase Agreement: Part ll - Terms and Gonditions THESE TERMS AND CONDTTTONS ('STANDARD TERMS" OR "PART il") ARE INCORPORATED BY REFERENCE |NTO THE POWER PURCHASE AGREEMENT PART | - PAYMENT TERMS AND SUMMARY ("PART l") BETWEEN PROVIDER AND THE PROPERTY OWNER. IN THE EVENT OF A CONFLICT BETWEEN THESE STANDARD TERMS AND PARTI, THESE STANDARD TERMS SHALL GOVERN. THESE STANDARDTERMSAND PARTIARE COLLECTIVELY REFERRED TO HEREIN AS THE "AGREEMENT."

1. General.
(a) lntroduction. This Agreement is the
agreement between each Property Owner who signs
Part I of this Agreement (individually and together
referred to in this Agreement as "you" and "your") and
flnsert Providerl (together with its successors and
assigns, "Provider" or "we", "us" or "our"), for the sale to you of the electric energy ("Energy") generated by a
solar energy generation and battery storage system that we will own, which includes solar panels, mounting
systems, inverters, energy monitoring systems, batteries and other equipment (collectively, the "System") to be
installed at your request at the Property Address shown on Part I pursuant to an installation agreement between you and a licensed contractor ("lnstalle/'). Because of your agreement to purchase Energy and related battery
storage services pursuant to this Agreement, Provider
has agreed, at your request, to purchase the System
from lnstaller following installation. This Agreement
refers to the location of the installed System as the
"Property". Provider agrees to sell to you, and you agree to buy from Provider, all of the Energy generated by the System on the terms and conditions described in this
Agreement. By signing this Agreement, you confirm
that you are a Property Owner signing on behalf and
with the consent and authorization of all Property
Owners of the Property, a trustee if the Property is
owned by a trust, or an attorney in fact or agent
authorized under a written power of attorney to sign
on behalf of the Property Owners.
(b) ln-Service Date. The ln-Service Date is the
first day after all of the following have been achieved:
the System has been installed and is capable of
generating Energy and providing battery storage
services, all permits necessary to operate the System
have been obtained, the System has been
interconnected with the iocai uiiiiiy's eleciric grici, all inspections, back-up documentation, and certificates
required under applicable law or by the local utility have been provided to Provider and all conditions listed in
Section 10 have been satisfied.
(c) Term of Agreement. The "Term" of this
Agreement begins on the ln-Service Date and runs for
twenty five (25) years (300 full calendar months) plus, if the ln-Service Date is not on the first day of a calendar month, the number of days left in that partial calendar month. lf the ln-Service Date is any day other than the first day of a calendar month, the resulting partial month is included along with the subsequent twelve (12) full
calendar months in the first year of the Term. Each
subsequent year of the Term begins on the first day of
the calendar month immediately after the anniversary
date of the ln-Service Date.
(d) This Agreement is intended to be a "service
contract" within the meaning of Section 7701(e) of the
lnternal Revenue Code of 1986, as amended.

2. Purchase and Sale of Eneroy; Monitoring:

Other Svstem Use: Data
(a) Payments. You agree to pay the "Monthly
Payment" as set forth on Exhibit B.
(b) Monthly Bills. Each month, we will prepare a
written or electronic bill for the preceding billing cycle.

We may send your monthly bills via email unless you
contact us directly to request that your monthly bills be sent through the U.S. mail.

Your billing cycles run on a monthly basis. Your monthly bill will reflect the Monthly Payment from the applicable monthly billing period plus any applicable taxes and
fees.

You agree to review each monthly bill promptly for any
errors. lf you inform us that an error exists on your
monthly bill, we will attempt to correct that error prior to your next monthly bill. lf you fail to promptly notify us in writing about an error on your monthly bill, we shall bear no liability or responsibility for any losses incurred to the extent permitted by law. Our sole liability to you shall be our obligation to make any appropriate changes after we receive your notification.
(c) Monthly Payments. The first Monthly Payment
due date will be at least thirty (30) calendar days after the ln-Service Date. All other Monthly Payments will be due on the same day of each following month as the
first Monthly Payment; provided, if the due date of the first Monthly Payment is the last day of the month and
such date does not exist in all subsequent months, then each subsequent due date shall be the last day of the
applicable month. For example, (i) lf the ln-Service Date occurs on February 17, the first Monthly Payment will be due no earlier than March 17 and (ii) if the due date for the first Monthly Payment is March 31, then the due
date for the second Monthly Payment will be April 30.

We will send you written notice of the first Monthly
Payment due date and amount after the ln-Service Date
Monthly Payments are payable to us (i) by automatic
withdrawal from your checking or savings account or (ii) by cash or check drawn on a United States bank
account. By providing your automatic payment
information where indicated on Exhibit D, you agree to
make all Monthly Payments through an automatic
4 Contract lD # [_]
payment from your checking or savings account.

Alternatively, if you choose to make your Monthly
Payments in the form of cash or check, you will be
required to pay the payment processing fee as set forth on Exhibit D. You agree to send Monthly Payments to
us at the address shown on Exhibit D or to any other
address or person specified in a written notice we send to you.
(c) Additional Energy. lf you need more electric
energy than is being generated by the System, you will
be solely responsible for purchasing that electric energy ("Additional Energy") from an additional supplier, such as your local utility provider or retail electric supplier.

During the term of this Agreement, you should expect to purchase Additional Energy from your local utilfty or
retail electric supplier from time to time. Provider will not be in default of this Agreement and will not be
responsible for any Additional Energy purchased by you
to augment the Energy generated by the System.
(d) Monitoring. During installation or at any time
during the Term, we may install, and from time to time
repair or replace, monitoring equipment to monitor the
battery system charging, battery system discharging,
energy production and energy consumption, including at
the interconnection point with the local utility company.

We will collect monitoring data remotely or use our
personnel to collect such information and will make the data available to you upon request. We may also
access data regarding your energy consumption from
your utility company or from electric usage data storage sites and you agree to execute any necessary third-party access agreement if requested. You agree to allow our
personnel access to your Property to collect such
information from the monitoring equipment. You agree
not to tamper with, damage or modify the energy
monitoring equipment in any way. You will be
responsible for any damage or inaccuracies in the
energy monitoring equipment that are caused by you or
any other person unrelated to Provider.
(e) Other System Uses. We may, from time to
time, administer and operate the System to optimize
your home's energy production, storage and
consumption, as well as for demand response, energy
storage or other utility-based programs designed to
reduce your electricity costs or to maintain the reliability of your local electrical grid (if available in your utility area). ln support of these programs, we may use the
energy stored in the batteries to reduce strain on the
electrical grid at times of high energy demand in your
region, or for similar purposes.
(f) Data Usage and Disclosure. We may
combine the Energy usage data and System production
and performance data with other data, including, without limitation, personally identifiable information (collectively, "Data"). Our possible uses and disclosure of the Data
are described in Exhibit E. We will never sell any
personally identifiable Data to a third party without your prior written consent.
(g) Batteries. The System includes one or more
batteries. Each battery will have a storage-enabled
inverter/charger capable of providing electricity
dependent upon the current state of battery charge.

Each battery will draw its charge from the photovoltaic system and will provide backup electricity in the event of an electricity outage within the limitations of the System, as determined by us. You will ensure battery settings are set to draw charge from the photovoltaic system . Not all electrical loads are suitable for backup operation. You will be responsible for failure or damage (including to the System) caused due to backing up more loads than we
approved. and/or changing settings from initial install conditions. EACH BATTERY WILL POWER ITS

DESIGNATED CIRCUITS ONLY AND NOT YOUR
ENTIRE HOME. We do not take responsibility for system
failure caused due to excessive loads.

You may be able to obtain backup power from the
battery in the event of a power outage. We will establish a reasonable reserve level for your battery (at a
minimum, 20% of the total capacity of the battery) so
that your battery will have a certain amount of power
available in the event of an outage.

WHILE WE BELIEVE THE BATTERY WILL BE ABLE

TO PROVIDE LIMITED BACKUP ELECTRICITY

DURING AN ELECTRICITY OUTAGE, WE PROVIDE
NO GUARANTEE OR WARRANry THAT ALL OR ANY

PORTION OF YOUR ELECTRIC LOAD WILL BE

SUPPORTED BY THE BATTERY SYSTEM DURING
EVERY ELECTRICITY OUTAGE. YOU AGREE THAT

WE WLL NOT BE LIABLE IN THE EVENT THE

BATTERIES FAIL TO PROVIDE BACKUP
ELECTRICIry AND WE DISCLAIM ANY SUCH

LTABTLTTY TRRESPECTTVE OF THE REASON FOR
SUCH FAILURE. DO NOT DEPEND ON BATTERY
BACKUP ELECTRICIry FOR LIFE SUPPORT OR
OTHER MEDICAL EQUIPMENT. IF YOU HAVE

CRITICAL MEDICAL EQUIPMENT ELECTRICITY
NEEDS DURING AN ELECTRICIry OUTAGE,

CONTACT YOUR LOCAL EMERGENCY SERVICES
OR DIAL 9,I,1.

Please notify us at 877-425-5201 or by email at
[email protected] in the event your battery
system does not provide backup electricity during an
electricity outage.

Under normal conditions of use, the battery should pose no danger to you. However, if mishandled, the battery
may become dangerous and could pose dangers
related, but not limited, to fire hazards, high-voltage hazards, and mechanical damage, among other
dangers.

For the duration of the Term, you agree that you will not connect any other power generation or energy storage
resource (including any backup systems) to the home's
electrical panel including any such resource using diesel, natural gas, gasoline, propane or liquefied petroleum
gas.
5 Agreed and accepted by: _
(lnitials)
Contract lD #

3. Performance Guarantee.
(a) Guaranteed Output. Subject to the conditions
set forth in this Section 3(a), we guarantee that the
System will generate, on a 24-month basis, no less than the output as set forth in Exhibit C (the "Guaranteed
Output"). Subject to the conditions set forth in this
Section 3(a), we will issue you a credit if the System
does not generate the Guaranteed Output.

We will not issue you a credit for any System
under-performance arising from any of the following:
(i) Under-performance arising from your failure to
comply with your obligations under the
Agreement.
(ii) Under-performance arising from shading
conditions (other than weather) different from
those that were present at the Property at the
commencement of installation.
(iii) Under-performance as a result of a grid failure
disabling the System.
(iv) Under-performance arising from you causing or
requesting the System to be shut down or to
generate significantly less electric energy.
(v) Under-performance arising from damage to the
System caused by Property Owner negligence
or foreign objects acting on the System (hail,
golf balls, etc.).

WE MAKE NO OTHER REPRESENTATION,
WARRANry OR GUARANTEE OF ANY KIND

REGARDING THE SYSTEM'S ACTUAL OR

EXPECTED OUTPUT OR PERFORMANCE AND ANY

OTHER EXPRESS OR IMPLIED WARRANTIES ARE
HEREBY DISCLAIMED.
(b) Over-generation. lf, over the course of the
Term, the System generates more energy than the
Guaranteed Output, then the extra energy will be yours
at no additional cost. We may use this over-generation
amount to offset future under-performance in a given
period should the Actual Output attributable to such
narinr{ ha lacc fhan fha Grrarantepr{ f)lttnrrt attrihrrtahle Pvr rvv to such period.
(c) Actual Output and Credits. On the 24- month
anniversary of the ln-Service Date and on every
24-month anniversary thereafter indicated on Exhibit C
(each, a "Guarantee Date"), we will calculate the "Actual Output" of the System during the preceding 24-month
period. For the purposes of this Agreement, "Actual
Output" shall mean the amount of Energy generated by
the System to date plus any k\A/h for which you have
previously received a credit. Subject to Section 3(a), if the Actual Output is less than the Guaranteed Output for that Guarantee Date set forth on Exhibit C, we will issue you a credit. This credit will be calculated by subtracting the Actual Output for that Guarantee Date from the
Guaranteed Output for that Guarantee Date, and
multiplying the applicable Credit per kWh for that year set forth on Exhibit C. lf the energy monitoring system is malfunctioning or othenruise inoperable for a period of time, we may calculate your Actual Output using the
estimated kWh that would have likely been generated
during that period based on the historic amount of
Energy generated by the System.

Agreed and accepted by: _
(lnitials)

4. Provider's Additional Obligations. We agree
to:
(a) utilize a web-based performance monitoring
system to accurately measure the amount of Energy the
System delivers to you,
(b) maintain the System in good operating
condition at our cost and expense;
(c) insure the System against all damage or loss
unless that damage or loss is caused by you, your
guests, contractors or agents; and
(d) operate the System in material compliance with
all applicable laws and permits and local utility providers' requirements.

5. Your Additional Obliqations.
(a) System and Propefi Maintenance. You
agree to:
(i) maintain and make available, at your cost, a
functioning indoor internet connection with one
available wire Ethernet port and standard AC
power outlet within eighty (80) feet of the
System's AC/DC inverter(s) at all times during
the Term;
(ii) maintain in good condition and repair the roof of
your home and any structural elements or utility
interconnections necessary to support the
operation of the System;
(iii) not move, tamper with, or disturb the System, or
permit anyone else to do so, unless previously
authorized by Provider;
(iv) not modify, permit or allow structures on your
Property in a way that shades, blocks or restricts
the System's access to direct sunlight;
(v) keep trees, bushes and hedges trimmed so that
the System receives as much sunlight as it did
when the System was installed;
(vi) be responsible for any conditions at your
Property that affect the installation or
maintenance of the System (e.g., blocking
access to the roof, or removing a tree or other
natural or man-made object(s) that block access
to the roof and/or to sunlight) at your sole cost
and expense;
(vii) prevent damages to the System from foreign
objects such as golf balls, frisbees, rocks;
6 Contract lD #
(viii) permit Provider, after we give you reasonable
notice, to inspect the System for proper
operation as we reasonably determine
necessary;
(ix) use the Energy the System generates primarily
for personal, family, or household purposes, but
not to heat a swimming pool (if you have a
swimming pool, the load relating to the
swimming pool may be excluded for purposes of
sizing the System);
(x) not remove any markings or identification tags
on the System;
(xi) not do anything that would, or permit or allow to
exist any condition or circumstance that would,
cause the System not to operate as intended at
the Property; and
(xii) pay for any reasonable removal, storage and
reinstallation costs in the event the System
needs to be removed in order for you to repair or
replace the roof on your home; you agree to
notify System Provider of the same so that
arrangements can be made for such removal,
storage and reinstallation.
(b) Fees; Late Charges; Checks; Automatic
Payment. ln addition to the other amounts you agree to
pay in this Agreement, you agree to pay the fees as set forth on Exhibit D. ln addition, except to the extent
prohibited by applicable law, you will also be responsible for any third-party charges we incur in the course of
administering this Agreement. lf you refinance your
mortgage, you will also be responsible for related
administrative charges incurred as a result of the
refinancing.
(c) Taxes. The payments specified in Exhibit B
and Exhibit D do not include taxes.
(i) lf any taxes (including, but not limited to, sales
and transaction taxes and including any
associated interest and penalties) are assessed
on these payments, the sale of Energy, the
property, or the transaction itself, and are paid
by Provider rather than you, you agree to pay or
reimburse Provider for all such taxes, except to
the extent that you are prohibited from doing so
by applicable laws.
(ii) ln addition, you agree to reimburse Provider for
any taxes, including any associated interests
and penalties, assessed on the System that
Provider may incur.
(iii) To the extent that Provider seeks reimbursement
from you, you agree that Provider may seek a
full reimbursement from you for the total amount
incurred by Provider, impose a surcharge on
your monthly invoice to recover the total amount
incurred by Provider over a period to be
determined by Provider, or, at its sole discretion,
set up a separate payment plan with you to
recover the total amount incurred by Provider.
(d) Filings. You agree that the System will be
Provider's personal property under the Uniform
Commercial Code and at our reasonable request you will
notify any mortgagee or holder of a deed of trust on the Property of the installation and existence of the System and that the System constitutes personal property and
not fixtures (or real property). You also agree that the System is not a real property fixture. However, you
agree that Provider may file UCC-1 financing statements and/or real property fixture filings related to our
ownership interest in the System, and any other notices permitted or required by law. Provider may assign such
filings and any assignee may also file UCC-1 financing
statements and/or real property fixture filings related to the System. You also authorize Provider to make
corrections to any utility papenruork to conform to this Agreement or any revisions or amendments to this
Agreement that you and we both agree upon.
(e) No Alterations. You agree that you will not
make any modifications, improvements, revisions or
additions to the System or take any other action that
could void the manufacturer warranty on the System
without Provider's prior written consent. lf you make any modifications, improvements, revisions or additions to
the System after receiving such prior written consent,
they will become part of the System and shall be
Provider's property.
(0 Access to the System.
(i) Provider or its representatives shall give you
reasonable notice of our need to access the
Property whenever commercially reasonable.

You grant to Provider and our employees,
agents, representatives, designees and
independent contractors (and any inspectors
under any state incentive program) the right to
reasonably access all of the Property as
necessary for the purposes of (A) operating,
owning, repairing, maintaining, removing and
replacing the System or making any additions to the System or installing complementary technologies on or about the location of the
System; (B) enforcing Provider's rights as to this
Agreement and the System; or (C) taking any
other action reasonably necessary in connection
with the operation, maintenance, removal or
repair of the System. This access right shall
continue for up to ninety (90) days after the
expiration of this Agreement in order to provide
Provider with reasonable time to remove the
System after the end of this Agreement.
(ii) During the time that Provider has access rights,
you shall ensure that such access rights are
preserved and shall not interfere with or permit
any third party to interfere with Provider's access
rights.
(g) lndemnity. To the fullest extent permitted by
law, you shall indemnify, defend, protect, save and hold harmless Provider, our employees, officers, directors,
agents, successors and assigns from any and all
7 Contract lD # [_]
third-party claims, actions, costs, expenses (including reasonable attorneys' fees and expenses), damages,
liabilities, penalties, losses, obligations, injuries,
demands and liens of any kind or nature arising out of, connected with, relating to or resulting from damage to the System caused by you or your guests, contractors or agents; provided that nothing herein shall require you to indemnify Provider for our own negligence or willful
misconduct. The provisions of this paragraph shall
survive termination or expiration of this Agreement.
(h) Monthly Payments. You agree that the
obligation to pay all Monthly Payments and all other
amounts due under this Agreement shall be absolute
and unconditional under all circumstances and shall not be subject to any abatement, defense, counterclaim,
setoff, recoupment or reduction for any reason
whatsoever, it being the express intent of the parties that all amounts payable by you hereunder shall be and
continue to be payable in all events, including by your heirs and estate, and, except as set forth below in
Section 10 and in the accompanying Notice of
Cancellation, you hereby waive all rights you may have
to reject or cancel this Agreement, to revoke acceptance of the System, or to grant a security interest in the
System.
(i) Notices. You agree to:
(i) notify Provider immediately upon your discovery
of an emergency condition relating to the
System, damage to the System or theft of the
System;
(ii) notify Provider of the sale of your home (see
Section 6 below); and
(iii) notify Provider before changing your electric
power supplier.

See Section 20 below for information about sending
notices to Provider.

5. Options When Selling Your Prooerty.
(a) lf you (or your estate or your heirs, as
applicable) sell your Property you must choose one of
the following three (3) options:
(i) Transfer this Agreement and the Monthly
Payments. The buyer may sign a transfer
agreement assuming all of your rights and
obligations under this Agreement, including the
obligation to pay Monthly Payments. You will
also be responsible for any related
administrative charges we incur as a result of
the transfer, such as filing, amending or
terminating any UCC or fixture filings.
(ii) Purchase the System Outright. Pursuant to
Section 7 below.
(iii) Prepay the remaining Monthly Payments and
Transfer only the Use of the System. lf you
prepay the remaining Monthly Payments, the
person(s) buying your Property will only need to
sign a transfer agreement to assume your rights
and obligations (other than the obligation to
make Monthly Payments through the Term)
under this Agreement. The System stays at
your Property; the buyer does not have to make
any Monthly Payments through the Term but
otherwise will be required to comply with the
remainder of this Agreement and Provider's
obligations under this Agreement will continue
through the remainder of the Term and as
described in Section 9.
(b) lf you sell your Property, you must notify us, in
writing, at least thirty (30) days, but no more than ninety (90) days, prior to the scheduled closing date indicating which of the options in Section 6(a) you have chosen.
(c) lf you (or your estate or your heirs, as
applicable) sell your Property and do not comply with
one of the options in Section 6(a) above, you will be in default under this Agreement. (See Sections 16 and 17
below).

7. Option to Purchase the System.
(a) You have the option to purchase the System at
the following times during the Term:
(i) at any time after the sixth (6th) anniversary of the ln-Service Date (see Section 1(b) above);
(ii) at the end of the Term of this Agreement (see
Section 1(c) above);
(iii) if you sell your Property during the Term (see
Section 6 above); or
(iv) with Provider's written consent (which Provider
may withhold in Provider's sole discretion) at
another time not described above.
(b) To purchase the System pursuant to
Section 7(a), you must notify us in writing at least thirty (30) days, but no more than ninety (90) days, prior to the desired purchase date and deliver payment to Provider
within thirty (30) days of receiving an invoice from
Provider for the purchase price.
(c) The purchase price you will pay for the System
("Buyout Price") shall be the greater of: (i) the System's appraised fair market value ("Fair Market Value") at such time; or (ii) the amount set forth in the "Purchase Option" column on Exhibit B that corresponds with the year in
which the purchase is to occur, plus all applicable taxes and fees relating to the purchase and sale of the
System. Provider will determine Fair Market Value by
reference sources such as an industry guide listing retail prices of used photovoltaic systems installed in your
local utility district that are the same as (or substantially similar to) the System, or if none, by use of an appraisal prepared by an independent appraiser at Provider's
expense. The independent appraiser will, on a desktop
basis, assume the System will be exchanged between a
willing and informed buyer (taking into account an
assumption by the buyer of the remaining obligations
under this Agreement) and a willing and informed seller, taking into account current and projected market
conditions.
8 Contract lD #
(d) lf you exercise the option to purchase the
System, you will be purchasing the System 'AS lS,
WHERE lS" and Provider will assign you any product
and/or workmanship warranties still in effect for the
System. However, Provider will not provide any
maintenance or repair services after you purchase the
System, unless you enter into a separate agreement
with Provider, at your expense, for such services. lf you exercise the option to purchase the System, this
Agreement will terminate effective as of the date of such purchase.

8. Option to Prepay Agreement.
(a) At any time during the Term, you can prepay
this Agreement in full. Such prepayment will not
terminate this Agreement, nor limit any of your rights or obligations (other than your obligation to make Monthly Payments during the Term).
(b) ln order to prepay this Agreement, you must
notify us in writing at least thirty (30) days, but no more than ninety (90) days, prior to the desired prepayment
date. The amount you prepay (the "Prepayment Price")
will be based on the following: (i) all accrued but unpaid Monthly Payments, taxes, late charges, penalties,
interest and all or any other sums then accrued or due
and owing, plus (ii) the amount set forth on Exhibit B in the column titled "Prepay Option" (which reflects an
amount discounted to present value at 5% per year),
plus (iii) any applicable taxes.
(c) lf you exercise the option to pay the
Prepayment Price, Provider's obligations under this
Agreement will continue through the remainder of the
Term and as described in Section 9.

9. Ootions at the End of the Term.
(a) Automatic Renewal. Provided that (i) you are
not in default under this Agreement (see Section 16
below) and (ii) you have not given us written notice of your intent to purchase the System at the end of the
Term (as described in Section 7(a)), this Agreement shall automatically renew at the end of the Term for one (1) or more additional one (1) year renewal term(s) (each an
"Automatic Renewal Term") at a Monthly Payment equal
to the Monthly Payment for year 25 escalating annually
at the applicable Annual lncrease rate for a maximum of ten (10), one-year Automatic Renewal Terms, unless
and until we receive from you written notice at least thirty (30), but not more than ninety (90), calendar days before the scheduled commencement of an Automatic Renewal
Term that you do not wish to renew. Provider will send
you a notice at least sixty (60) days prior to the end of the Term to (i) remind you of your end of term options
and (ii) disclose to you the Monthly Payment for the first Automatic Renewal Term and the rate at which the
Monthly Payment will automatically escalate for any
future Automatic Renewal Terms.
(b) Purchase the System. You also have the
right to purchase the System at the end of the Term.

See Section 7 for a detailed explanation.
(c) lf you choose not to renew this Agreement or
purchase the System, then the Provider will have the
option to remove the System from your Property at no
cost to you.
(d) lf at the end or termination of this Agreement
you are in default (see Section 16), and Provider
removes the System from your Property, then you agree
to pay Provider the reasonable expense of removing the
System from your Property.
(e) ln the event that we remove the System from
your Property for any reason as permitted or
contemplated hereunder we will return the roof area
within three inches of the mounting penetrations to a
waterproof condition.

10. Termination Riqhts Prior to lnstallation of
the System.
(a) Termination of this Agreement Before
System lnstallation. Provider's obligation to sell you
the Energy the System generates is conditioned on the
following items having been completed to our
reasonable satisfaction :
(i) completion of the engineering site audit (a
thorough physical inspection of the Property,
including if applicable geotechnical work), and
real estate due diligence to confirm the suitability
of the Property for the construction, installation
and operation of the System;
(ii) conflrmation of availability of rebates, tax credits, renewable energy credits and other incentives in
the amount used to calculate the Monthly
Payment amounts set forth in this Agreement;
(iii) [Reserved];
(iv) confirmation that Provider will obtain all
applicable benefits referred to in Section 12;
(v) receipt of all necessary zoning, land use and
building permits; and
(vi) completion of any renovations, improvements or
changes reasonably required on the Property, at
your sole cost and expense (e.9., removal of a
tree or necessary roof repairs to enable us to
safely install the System).

Provider may terminate this Agreement without any
liability if, in our reasonable judgment, any of the above listed conditions will not be satisfied for reasons beyond our reasonable control.
(b) Right to Terminate this Agreement for
Siqnificant Delays.
lf, in Provider's reasonable judgment, the installation of the System is not likely to occur in a timely manner for any reason, Provider may terminate this Agreement by
written notice to you, which notice will be effective upon your receipt of such notice.

I
Contract lD #
(c) Consumer Agreement Revision for
Significant Changes.
lf Provider recalculates the Guaranteed Output, Provider may provide you with an updated Part I of this
Agreement (a "Consumer Agreement Revision") that will
reflect changes to certain terms affected by the revised estimated output and a summary of the terms changed
by such Consumer Agreement Revision. You will have
the right to either sign the Consumer Agreement
Revision and agree to the revised terms, or terminate
this Agreement.

11. Assignment.
(a) Assignment by Provider. Provider may
assign, sell or transfer the System and this Agreement, or any part of this Agreement, without your consent and without notice. Assignment, sale or transfer generally
means that Provider would transfer certain of our rights and/or certain of our obligations under this Agreement to another party. Any assignment of Provider's rights
and/or obligations under this Agreement shall not result in any change to your rights and obligations under this Agreement.
(b) Assignment by You. Except as set forth in
this Agreement, you will not assign, sell, pledge or in any other way transfer your interest in the Energy generated by the System, or in this Agreement, without our prior
written consent, which shall not be unreasonably
withheld.

12. OUR OWNERSHIP OF THE SYSTEM: TAX
CREDITS AND REBATES. YOU UNDERSTAND AND

AGREE THAT THIS IS NOT A CONTRACT TO SELL
OR LEASE THE SYSTEM TO YOU. PROVIDER WILL

OWN THE SYSTEM FOR ALL PURPOSES,

INCLUDING ANY DATA GENERATED FROM THE
SYSTEM. YOU SHALL AT ALL TIMES KEEP THE

SYSTEM FREE AND CLEAR OF ALL LIENS, CLAIMS,

CHARGES, LEVIES AND LEGAL PROCESSES NOT

CREATED BY PROVIDER, AND SHALL AT YOUR

EXPENSE PROTECT AND DEFEND PROVIDER
AGAINST THE SAME.

YOU UNDERSTAND AND AGREE THAT ANY AND ALL

FEDERAL, STATE AND LOCAL TAX CREDITS,
INCENT|VES, RENEV\,ABLE ENERGY CREDITS,

GREEN TAGS, CARBON OFFSET CREDITS, UTILITY

REBATES OR ANY OTHER ATTRIBUTES OF THE

SYSTEM ARE THE PROPERTY OF AND FOR THE

BENEFIT OF PROVIDER, USABLE AT OUR SOLE
DISCRETION. PROVIDER SHALL HAVE THE

EXCLUSIVE RIGHT TO ENJOY USE AND TRANSFER

ALL SUCH BENEFITS, WHETHER SUCH BENEFITS
EXIST NOW OR IN THE FUTURE. YOU AGREE NOT

TO CLAIM OR TAKE ANY ACTION OR FAIL TO TAKE

ANY ACTION THAT MAY JEOPARDIZE PROVIDER'S

ABILITY TO RECEIVE SUCH BENEFITS, INCLUDING,

WITHOUT LIMITATION, CLAIMING ANY TAX CREDITS

WITH RESPECT TO THE SYSTEM ON ANY TAX

RETURN AND/OR ENTERING INTO ANY

AGREEMENT WTH YOUR UTILITY THAT WOULD

ENTITLE YOUR UTILITY TO CLAIM ANY SUCH
BENEFITS. YOU AGREE TO REASONABLY

COOPERATE WITH PROVIDER SO THAT WE MAY

CLAIM AND TRANSFER ANY FEDERAL, STATE OR

LOCAL TAX CREDITS, RENEWABLE ENERGY

CREDITS, REBATES, CARBON OFFSET CREDITS OR
ANY OTHER BENEFITS FROM THE SYSTEM. THIS

MAY INCLUDE TO THE EXTENT ALLOWABLE BY

LAW ENTERING INTO NET METERING

AGREEMENTS, INTERCONNECTION AGREEMENTS,

AND FILING RENEWABLE ENERGY/CARBON

OFFSET CREDIT REGISTRATIONS AND/OR

APPLICATIONS FOR REBATES FROM THE FEDERAL,

STATE OR LOCAL GOVERNMENT OR A LOCAL

UTILITY AND GIVING OR ASSIGNING THESE TAX

CREDITS, RENEWABLE ENERGY/CARBON CREDITS,

REBATES OR OTHER BENEFITS OR THEIR CASH
EQUIVALENT TO PROVIDER.

13. Loss or Damage: Insurance.
(a) Loss or Damage. Unless you or your guests,
contractors or agents cause or permit damages to the
System, or as otherwise provided in this Agreement,
Provider will bear all of the risk of loss, damage, theft, destruction or similar occurrence to any or all of the
System.
(b) lnsurance. Provider will insure the System
against all damage or loss unless that damage or loss is caused or permitted by you or your guests, contractors
or agents. You agree to carry homeowner's insurance
that covers damage to your Property and provides
general liability coverage, but you do not need to add the System to your Property insurance policy.

14. Force M4eure; Casualty.
(a) Provider is not responsible for any delay or
failure in the performance under this Agreement if the
delay or failure is due to Force Majeure. "Force Majeure" includes acts of God such as storms, fires, floods,
lightning and earthquakes, sabotage or destruction by a third party of the System, war, riot, acts of a public
enemy or other civil disturbance, or a strike, walkout, lockout or other significant labor dispute.
(b) lf at any time during the Term all or
substantially all of the Property and/or the System shall be damaged ancilor desiroyed by fire or other casualty, Provider may terminate this Agreement by written notice to you, which termination shall be effective upon receipt of such notice.

15. Limitation of Liabilitv.

EXCEPT AS EXPRESSLY PROVIDED IN THIS

AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO

THE OTHER PARTY FOR ANY SPECIAL, PUNITIVE,

EXEMPLARY INDIRECT, OR CONSEQUENTIAL

DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT. EVEN IF A COURT OR

ARBITRATOR DECIDES THAT OUR BREACH OF THIS

AGREEMENT OR NEGLIGENCE, FAILURE OF THE

SYSTEM, OR A FAILURE OF THE INSTALLATION OR

ANY REPAIR PROVIDED BY US CAUSED OR

ALLOWED ANY DIRECT HARM OR DAMAGE
10 Contract lD #
(WHETHER PROPERTY DAMAGE, PERSONAL
INJURY OR DEATH) TO YOU OR ANYONE tN OR ON
YOUR PROPERTY YOU AGREE THAT OUR LtABtLtW

SHALL BE LIMITED TO THE AMOUNT YOU HAVE

PAID US FOR THE ELECTRICITY GENERATED BY

THE SYSTEM AND YOU SPECIFICALLY WAIVE ANY
OTHER REMEDY AVAILABLE AT LAW OR IN EQUITY.

16. DEFAULT. YOU WILL BE IN DEFAULT

UNDER THIS AGREEMENT IF ANY ONE OF THE
FOLLOWING OCCURS:
(a) We have not received two or more consecutive
Monthly Payments in full by their payment due dates;
(b) You or any guarantor makes an assignment for
the benefit of creditors, admits in writing your (or any guarantor's) insolvency, a bankruptcy petition is filed by or against you or any guarantor, or you or any guarantor is adjudicated bankrupt or insolvent or undertakes or
experiences any substantially similar activity;
(c) You have provided any false or misleading
financial or other information to obtain this Agreement; (d) You (or your estate or your heirs, as applicable)
assign, transfer, encumber, sublet or sell (or attempt to assign, transfer, encumber, sublet or sell) this
Agreement or any part of the System without Provider's
prior written consent;
(e) You fail to perform any material obligation that
you have undertaken in this Agreement (which includes
doing something you have agreed not to do, including,
but not limited to, making any alterations to the System) and such failure continues and is not corrected for a
period of fifteen (15) days after written notice; or
(f) ln the event of any foreclosure on your
Property not stayed at least thirty (30) days prior to any sale.

17. ADDITIONAL ACTION AFTER DEFAULT. IF

YOU ARE IN DEFAULT UNDER THIS AGREEMENT,

WE MAY TAKE ANY ONE OR MORE OF THE

FOLLOWING ACTIONS AT OUR OPTION AND IN
OUR DISCRETION. IF THE LAW REQUIRES US TO

DO SO, WE WILL GIVE YOU NOTICE AND WAIT THE

STIPULATED PERIOD OF TIME REQUIRED BEFORE
TAKING THESE ACTIONS. WE MAY:
(a) terminate this Agreement;
(b) take any reasonable action to correct or cover
your default and/or to prevent or reduce our loss
(including without limitation costs of repairing damage to the System for which you are responsible); any amount
we pay will be added to the amount you owe us and will
be immediately due;
(c) require you, at your expense, to return the
System or make it available to us in a reasonable
manner;
(d) proceed, by appropriate court or other action,
to enforce performance of this Agreement and/or to
recover damages for your default (including without
limitation our court costs, attorneys' fees, and other
expenses relating to your default, to the fullest extent allowed by law);
(e) turn off or take back the System by legal
process or self-help, but we may not breach the peace
or violate the law;
(0 recover from you a payment equal to the
greater of the Prepayment Price and Buyout Price, plus
all taxes, late charges, penalties, interest and all other sums then accrued or due and owing to Provider. After
we receive this amount from you, we will automatically
convey the System to you on an "AS lS, WHERE lS'
basis; and
(g) use any other remedy available to us in this
Agreement or by law or in equity.

By choosing any one or more of the remedies described
above, Provider does not give up our right to use
another remedy. By deciding not to use any remedy
when you are in default, Provider does not give up our
right to use that remedy (or any other remedy) in case of a subsequent default.
'18. Warranties.
(a) We provide the following warranties
(collectively, the "Warranty"):
(i) Workmanship Warranty. We warrant our work
and the System for a period of ten (10) years
after ln-Service Date (the "Warranty Period"),
except as provided below with respect to our
roof penetration warranty. During the Warranty
Period we will, at our expense, repair or replace
any material or work covered under this
Agreement.
(ii) Roof Penetration Warranty. We warrant that
roof penetrations made by the System and
impacting the Property's roof will be
weather-tight for a period of ten (10) years after
installation.
(iii) Damage Warranty. We will either repair or
reimburse you for damage we cause during
installation to the Property, your belongings or
your property, as limited by Section 18(b).
(b) Warrantv Exceptions and Exclusions.
(i) The Warranty shall be void and voidable if work
is performed by you or your contractors.
(ii) The Warranty does not cover any (A) leaks that
occur in areas of the Property's roof not
impacted by the System or the associated roof
penetrations, (B) pre-existing and/or underlying
failures of the Home's roof or (C) foreign objects
acting on the Home's roof (hail, golf balls, etc.).
(iii) The Warranty does not apply to the following:
(A) work performed or materials used by anyone
other the lnstaller; (B) any materials that were
modified, repaired or attempted to be repaired
by anyone other than us, our agents, our
representatives, our designees or the lnstaller
11 Contract lD # [_]
without our prior written approval; (C) any
damage resulting from your breach of the
Agreement; (D) any damage not caused by us,
the lnstaller or a System defect; (E) any damage
resulting from ordinary wear and tear, (F) any
damage resulting from mold, fungus and other
organic pathogens; (G) shrinking/cracking of
grout and caulking; (H) fading of paints and
finishes exposed to sunlight; and (l) any damage
caused by ball strikes.

You acknowledge that installation of the System may
void any roofing warranty of the roof manufacturer or
roof installer. We assume no responsibility if the
installation voids your roofing warranty. Before
installation, you should check with the roofer or builder concerning any impact the System will have on a roof
warranty.

You must notify us promptly and in writing of any claim under the lnstallation Warranty as outlined in Section 20 below.

EXCEPT AS SPECIFICALLY DESCRIBED IN THIS

AGREEMENT, YOU UNDERSTAND THERE ARE NO

REPRESENTATIONS OR WARRANTIES, EXPRESS

OR IMPLIED, AS TO THE MERCHANTABILITY

FITNESS FOR ANY PURPOSE, CONDITION, DESIGN,
CAPACIry SUITABILIry OR PERFORMANCE OF THE
SYSTEM OR ITS INSTALLATION.

19. Applicable Law; Dispute Resolution;
Arbitration; Class Action Waiver.
(a) Applicable Law. The laws of the state where
your Property is located shall govern this Agreement
without giving effect to conflict of law or choice of law principles. However, the FederalArbitration Act governs our agreement to arbitrate (see subsection (b)&(c)
below).
(b) lnformal Dispute Resolution. The parties
agree to first try to resolve informally and in good faith any dispute. Accordingly, you agree to send a written
notice of the dispute to the Provider at 700 Universe
Boulevard, Juno Beach, FL 33408 or
[email protected] or, upon written notice to
you, to any address that is Iater designated by us. We
(including our agents, representatives and designees)
will send a written notice of dispute to your address
listed on page 1 of the Agreement. lf the parties do not reach an informal agreement to resolve the dispute
within thirty (30) days after the notice of dispute is
received, either party may commence a formal
proceeding as detailed below. All applicable statutes of limitation and defenses based upon the passage of time
shall be tolled for the thirty (30) days during which the parties try to informally resolve any dispute. lf you claim deficiencies in the System's installation or performance, you must allow us to visually inspect the System and
obtain or download pertinent performance data from the
System.
(c) Arbitration. lf the parties cannot resolve any
such dispute informally and if either party requests, the other party agrees to arbitrate all related disputes, claims and counterclaims arising out of or relating to this
Agreement, the relationships described hereunder, the
System, or any alleged or claimed oral or other
agreement related to the System. This agreement to
arbitrate extends to all claims of any nature, including, but not limited to, claims for breach of contract, tort claims, claims at law or in equity, or claims arising under statute. lf a party seeks to have a dispute settled by
arbitration, that party must first send to the other party, by certified or registered mail, return receipt requested and postage prepaid, a written Notice of lntent to
Arbitrate. lf the parties do not reach an agreement to
resolve the dispute within thirty (30) days after the Notice is received, either party may commence an arbitration
proceeding with the American Arbitration Association
('MA'). Provider will promptly reimburse you any
arbitration filing fee and, except as provided in the next sentence, Provider will pay all A/\A administration and arbitrator fees. lf the arbitrator finds that either the substance of the claim raised by you or the relief sought by you is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b), then Provider will pay these fees only if required by the AAA Rules. lf the arbitrator grants relief to you that is equal to or greater than the value of what you requested in the arbitration, Provider will reimburse you for your reasonable attorneys'fees and expenses
incurred for the arbitration.

TO THE EXTENT PERMITTED BY LAW YOU AGREE

THAT, BY ENTERING INTO THIS AGREEMENT, YOU

AND WE ARE AGREEING TO HAVE DISPUTES

DECIDED BY AN ARBITRATOR AND ARE WAIVING
THE RIGHT TO A TRIAL IN COURT OR BY JURY. IN

ADDITION, EACH PARTY MAY BRING CLAIMS

AGAINST THE OTHER PARTY ONLY IN ITS

INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR

CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, the parties
agree that the arbitrator may not consolidate
proceedings for more than one person's claims, and may
not othenrtrise preside over any form of a representative or class proceeding, and that if this specific provision is found unenforceable, then the entirety of this arbitration clause shall be null and void (except for the jury trial waiver provision in the first sentence of this paragraph, which shall continue in fullforce and effect).

Judgment on an arbitrator's award may be entered in
any court having jurisdiction. All statutes of limitations that are applicable to any dispute shall apply to any
arbitration between us. The arbitrator shall have the
authority to award any legal or equitable remedy or relief that a court could order or grant. The arbitrator,
however, is not authorized to change or alter the terms of this Agreement or to make any award that would
extend to any transaction other than your own. THE

ARBITRATOR'S DECISION WILL BE FINAL AND

BINDING, EXCEPT TO THE EXTENT IT IS SUBJECT

TO REVIEW IN ACCORDANCE WITH APPLICABLE
12 Contract lD # [_]
LAW GOVERNING ARBITRATION AWARDS. OTHER

RIGHTS THAT YOU OR WE WOULD HAVE IN COURT
MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

YOU UNDERSTAND THAT YOU ARE VOLUNTARILY

AGREEING TO ARBITRATE DISPUTES ARISING

UNDER THIS AGREEMENT AND AUTHORIZE THAT

YOU HAVE REVIEWED THIS SECTION AND AGREE
TO ITS PROVISIONS.

Agreed and accepted by: _
(lnitials)
(d) Class Action Waiver. ARBITRATION MUST
BE ON AN INDIVIDUAL BASIS. AS A RESULT,

NEITHER YOU NOR US MAY JOIN OR CONSOLIDATE

CLAIMS IN ARBITRATION BY OR AGAINST OTHER
"PROPERTY OWNERS', OR LITIGATE IN COURT OR

ARBITRATE ANY CLAIMS AS A REPRESENTATIVE

OR MEMBER OF A CLASS OR IN A PRIVATE
ATTORNEY GENERAL CAPACIry.

Agreed and accepted by: _
(lnitials)

20. Notices. All notices under this Agreement
shall be in writing and shall be by personal delivery,
electronic mail, online customer portal, overnight courier, or certified, or registered mail, return receipt requested, and deemed received upon personal delivery
acknowledgment of receipt of electronic transmission,
the promised delivery date after deposit with overnight courier, or five (5) days after deposit in the mail. You agree that we may provide you with notices in electronic format. Each party agrees that a document sent via PDF
is deemed to be the same as an original document.

Notices from you must include your name, the Property
Address shown on page 2 of this Agreement, and the
Contract lD# printed at the top of each page of this
Agreement. You agree to send written notices to
Provider at 700 Universe Boulevard, Juno Beach, FL
33408 or [email protected] or, upon written
notice to you, to any address that is later designated by us. We will send notices to you using the email or
Property Address shown on page 1 of this Agreement
unless and until we receive written notice from you of a change to your email or mailing address. You agree that our agents, representatives and other designees may
communicate with you directly on our behalf for all
purposes relating to the System or this Agreement,
including any notices regarding claims we may have.

You agree that Provider may call you and send live,
pre-recorded and text messages to you, including by use of an automated telephone dialing system, at the phone
number you provided regarding the installation,
maintenance and administration of your System or this
Agreement, even if your phone number is listed on any
national or state "Do Not Call" list. Message and data
rates may apply.

You agree that our agents, representatives and other
designees may communicate with you directly on our
behalf for all purposes relating to the System or this
Agreement, including any notices regarding claims we
may have.

21. Waiver. Any delay or failure of a party to
enforce any of the provisions of this Agreement,
including but not limited to any remedies listed in this Agreement, or to require performance by the other party of any of the provisions of this Agreement, shall not be construed to (i) be a waiver of such provisions or a
party's right to enforce that provision; or (ii) affect the validity of this Agreement.

22. Accuracv of lnformation: Credit Monitorinq:
ldentification. No credit eligibility is required to enroll in this Agreement. You do authorize Provider and its
agent(s) and assignees to periodically check your
consumer credit via a "soft pull," the results of which shall have no impact on this Agreement and are
conducted purely for evaluation of the financing portfolio of which this Agreement may be a part. Provider may, at its option, request reasonable proof of identification, and evidence that your mortgage or rent, and utility bill is current.

By signing this Agreement, you represent to us that all of the information you have furnished to us (or have
caused others to furnish to us) in connection with this Agreement (including any application for this
Agreement) is, to the best of your knowledge, true,
complete and accurate, does not include any false or
misleading information and does not omit any material,
relevant information. You agree that we may obtain
employment and income records, credit bureau reports
on you, verify your credit references and we may check
any of the information provided to us from whatever
source we choose to verify it. Additionally, upon
request, you agree to promptly give us accurate
updated financial information about yourself.

23. Personal lnformation and Privacv Policv.

Please see our Privacy Policy (available at [insert
websitel) for more information about how we collect and use personal information. By signing this agreement, you acknowledge that you have read, understand and agree
with the terms of our Privacy Policy, and that our Privacy Policy may be changed from time to time.

24. Monitoring and Recording Telephone Call.

Provider and others acting on our behalf may (a) monitor and record telephone calls between you and us
regarding this Agreement and (b) use automatic dialing
equipment to make calls to you. You agree that we may
call you and send pre-recorded and text messages to
you at the phone number you provided regarding this
Agreement and the installation, maintenance and
administration of your System, including by the use of an automated telephone dialing system, even if your phone
number is listed on any national or state "Do Not Call" list. Message and data rates may apply.

25. Calling Agreement- You agree that by signing
below you consent that Provider, its affiliates, and those 13 Contract lD #
acting on its/their behalf (the "Messaging Parties"), may call or text you, including by use of an automated
telephone dialing system and/or a prerecorded
message. The types of calls or texts you may receive
include advertisements or telemarketing messages
concerning our benefits and services. Calls can be made to any number you provide in connection with your
application, the Messaging Parties' servicing and/or
collection of amounts owed under this Agreement or any
other matter, even if listed on a national or state Do Not Call registry. You understand that anyone with access to your telephone or email account may listen to or read
the messages the Messaging Parties leave or send, and
you agree that the Messaging Parties will have no
liability for anyone accessing such messages. You
understand that consent is not a condition of the
provision of services under this Agreement.

Agreed and accepted by: _
(lnitials)

26. Entire Aareement: Survival: Ghanqes: Joint
and Several Liability. This Agreement contains the
parties' entire agreement regarding the sale and
purchase of Energy generated by the System. There
are no other agreements regarding this Agreement,
either written or oral. Any change to this Agreement
must be in writing and (except to the extent specifically provided to the contrary in this Agreement) signed by
both parties.

Captions and headings used in this Agreement are for
convenience and reference only, and shall not affect the interpretation of this Agreement. Unless the context
specifically requires otherwise, the use of the plural in this Agreement includes the singular, and vice versa.

Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement, any
provisions herein or any amendments hereto.
lf any portion of this Agreement is determined to be
unenforceable, the remaining provisions shall be
enforced in accordance with their terms or shall be
interpreted or re-written so as to make them enforceable. ln addition, in the event this Agreement becomes subject to utilitytype or other regulation by any pubiie utility commission or other regulatory agency, you agree to
reasonably cooperate with Provider in restructuring this agreement such that it would no longer be subject to
such utility-type or other regulation by any public utility commission or other regulatory agency or otherurise to
address such regulation.

After the termination or expiration of this Agreement, any provisions which by their nature are intended to survive such termination or expiration shall survive, including, without limitation, Sections 5, 12, 15, 17, 18 and 19.

You agree that if more than one person signs this
Agreement as a Property Owner or Co-Owner, each of
you is fully responsible, individually and together, for performing all of your obligations under this Agreement, and we may enforce this Agreement against any one (or
all) of you, at our option. Your obligations under this Agreement are binding on you, your legal
representatives, and your estate, to the fullest extent allowed by law, unless and until we either expressly
release you from your obligations in writing, or we
transfer ownership of the System to you.

Office Use Only
A&prcved-by:

Date:

Signature:

Print Name
Title:
14 Contract lD #
EXHIBIT A TO POWER PURCHASE AGREEMENT (COPY 1)
]FOR CALIFORNIAI NOTICE OF CANCELLATION
I|NSERT DATE OF TRANSACTTONI
(Date)
You may cancel this transaction, without any penalty or obligation, within five business days from the above date.
lf you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. lf you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
lf you do make the goods available to the seller and the seller does not pick them up within 2Odays of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. lf you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, you must mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to flnsert Providerl, flnsert Provider Address], not later than midnight of INSERT DATE].
(Date)
l, hereby cancel this transaction.
(Date)
(Buyer's signature)
15 ContractlD#t l
EXH|BTT A TO POWER PURCHASE AGREEMENT (COPY 2)
]FOR CALIFORNIAI NOTICE OF CANCELLATION
ilNSERT DATE OF TRANSACTIONI
(Date)
You may cancel this transaction, without any penalty or obligation, within five business days from the above date.
lf you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. lf you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
lf you do make the goods available to the seller and the seller does not pick them up within 2Odays of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. lf you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

EXHIBIT B TO POWER PURCHASE AGREEMENT

SCHEDULE OF VALUES
Year Monthly Payment (including
the Annual lncrease)
'l
2 3
4 5
6 7
I
I
10 't1
12 13
14 '15
16 17
18 19
20 21
22 23
24 25
17 Contract lD #

EXHIBIT B TO POWER PURCHASE AGREEMENT

SCHEDULE OF VALUES
Year Prepay Optionr Minimum Buyout Price2
1 2
3 4
5 6
7 8
I
10 11
'12
13 14
15 16
17 18
19 20
21 22
23 24
25 I Per Section 8(b), in addition to the values listed, the Prepayment Price also includes accrued but unpaid sums but does not include additional applicable taxes, which are the Buyer's responsibility pursuant to Section 8(b). The values listed assume that prepayment occurs in month 1 2 of the applicable year. Actual prepayment amount will be calculated based on the number of payments made and the number of payments that remain.
2 Per Section 7(c), The purchase price you will pay for the System ("Buyout Price") shall be the greater of: (i) the System's appraised fair market value ("Fair Market Value") at such time; or (ii) the amount set forth in the "Buyout Price" column that corresponds with the year in which the purchase is to occur, plus all applicable taxes and fees relating to the purchase and sale of the System. 18 Contract lD #

EXHIBIT C TO POWER PURCHASE AGREEMENT
GUARANTEED OUTPUT 1
End ofYear Credit per kwh if Guaranteed
Output is not met'
Guaranteed Output To Date (in
kwhf
2 4
6 8
10 12
14 16
18 20
22 24
4 The actual credit rate will be the weighted average $/kWh for the applicable 24-month period. 5 "Guaranteed Output To Date" is based on the cumulative Actual Output. "Actual Output" shall mean the amount of Energy generated by the System to date plus any kWh for which you have previously received a credit. 19 ContractlD#[ I

EXHIBIT D TO POWER PURCHASE AGREEMENT
Payment Method Election Form

HOMEOWNER MUST SELECT ONE OPTION ONLY BY CHECKING THE APPROPRIATE BOX AND SIGNING BELOW Option 1: Automatic Electronic Recurring Payments
_ By checking this box, you acknowledge that:

1. We will provide you a monthly bill detailing the amount you owe for that billing period. Under federal law, you have the right to stop an automatic payment from your bank account, provided you give your financial institution at least three business days' oral or written notice before the scheduled payment date.

2. The actual settlement date (the date the automatic electronic payment is deducted from your bank account) will be no earlier than your payment due date. We shall bear no liability or responsibility for any losses of any kind that you may incur due to any delay in the actual date on which your bank account is debited.

3. lf the due date for payments under your agreement has passed, you give us authority to withdraw two payments from your account on your next due date so that your account will be current on an ongoing basis.

4. lf the due date falls on a weekend or holiday in any month, your payment will be debited the following business day.

5. ln order to process automatic payments, you must have sufficient available and collected funds in your bank account on the business day before the payment due date and on the payment due date in order to cover the amount of the monthly payment that is due.

6. You must notify us immediately if the automatic payment information you provide changes. lf we incur bank fees as a result of inaccurate or out-of-date information provided by you, we have the right to bill you for those fees.

7. We reserve the right to change these conditions at any time. Notice may be given on or with your monthly bill or by other methods. Either party may terminate this payment arrangement at any time by giving the other party written notice at least 15 calendar days prior to the next scheduled payment date.

8. You agree to be bound by any rules your financial institution requires for automatic electronic payments. Below is my account information for the bank account at financial institution for the automatic electronic payments.
to be used
Account Number:

Routing Number:

9. You are responsible for any fees your financial institution may charge you for electronic payments.

10. By signing below, you (a) authorize us to automatically deduct your monthly payments from your bank account provided above, (b) agree to the terms and conditions herein, (c) represent to us that you have obtained any required consents from other persons with an ownership interest in the bank account, and (d) represent to us that you are individual authorized to sign this automatic electronic payment authorization as an owner of the bank account and are not required to obtain anyone eise's signature.
20 1
ContracttD#[ I
Option 2: Gheck by Mail
_ By checking this box, you acknowledge that:

1. Checks should be made payable to EverBright.
2' Checks should be sent to the address listed below for your Monthly Payment by the date the payment is due. This payment address is also listed on the bill you receive for your Monthly payment.

Bank of America Lockbox Services
Lockbox 843033
1950 N. Stemmons Freeway, Suite 5010
Dallas, TX75207
lf you elect to pay by check, you will pay a fee of $7.50 for each Monthly Payment received. WE WILL WAIVE THIS

PAYMENT PROCESSING FEE IF YOU MAKE YOUR PAYMENTS VIA AUTOMATED CLEARING HOUSE BY AUTHORIZING US TO APPLY AUTOMATTC ELECTRONTC PAYMENTS FROM YOUR BANK ACCOUNT).

Option 3: Cash
[To be provided]
Fees:

Returned Gheck Fee: $15 (or such lower amount as required by law) for any check or electronic fund transfer or other payment that is returned or refused by your bank.

Late Payment Fee: lf you fail to make any payment when due, we will impose a late fee equal to the lesser of (i) one and half percent (1.5%) per month on the portion of your balance that is more than thirty (30) days past due, and (ii) the maximum amount permitted under and subject to applicable law Check by Phone Fee: We will allow an option to pay your Monthly Payment by phone. The fee for such service is $9 (or such lower amount as required by law) for any check payment processed over the phone.

First Authorized Account Holder Signature Second Authorized Account Holder Signature Printed Name Printed Name
Date Date

2. 3.
21 Contract lD #

EXHIBIT E TO POWER PURCHASE AGREEMENT

DATA USAGE AND DISCLOSURE
This Exhibit E describes the circumstances in which, and purposes for which, we may use or disclose Data. a. Data Usaqe: We may use Data for the following purposes (in each case to the extent permitted by law):
(1) to operaie, maintain, provide, and enhance the System; (2) for our internal purposes, including, without limitation, ieiearch and development, improvement of our product and service offerings, and creation of new product and service offerings; (3) to customize content and communications we may provide to you; and (4) for other purposes so long as the Data does not contain personally identifiable information (including where Data has been deidentified). b. Data Disclosure. We will not disclose any Data other than in the following circumstances: (1) where the Data does not contain pe*sonatty identifiable information (including where Data has been deidentified); (2) in order to provide our products or services to you (including working with third-party service providers who may assist us in collecting, hosting, maintaining, analyzing or otherwise processing Data for us); (3) if required to do so by any law or regulation or in the good-faith [elief that luch action is necessary t-o comply with any law or regulation, in response to a court order, judicial or 6th"r gou"rnment subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies; (a) if we believe, in good faith, disclosure is appropriate or necessary to (A) take precautions against liability, (B) protect us or'others from fraudulent, abusive, or unlawful uses or activity, (C) investigate or defend against any third-party claims or allegations, (D) protect the security or integrity of our services and any facilities or equipment used to make our service avaiiable, or'(E)'protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others; (5) to bur assignees, affiliates, actual or prospective lenders, financing parties, investors, insurers, and acquirers; (6) to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; and (7) for any purpose for which you have provided your express consent.

Your initials indicate that you have read, understood and accepted the provisions set forth in this Exhibit E.

Agreed and accepted by:
-
(lnitials)
22 City of Carpinteria

COUNCIL AGENDA STAFF REPORT
August 28, 2023

ITEM FOR COUNCIL CONSIDERATION
Sending a comment letter to the County of Santa Barbara regarding its Draft 2023 - 2031 Housing Element Update.

STAFF RECOMMENDATION
Approve the letter (Attachment A) to be sent to the County of Santa Barbara regarding the County's Draft 2023 - 2031 Housing Element Update.

Sample Motion: I move to approve the letter to be sent to the County of Santa Barbara regarding the Draft 2023 - 2031 Housing Element Update.

BACKGROUND
In June, 2021, County planners began preparing the Santa Barbara County 2023 - 2031 Housing Element Update. Similar to the analysis the City performed to update Carpinteria's Housing Element, the County analyzed potential candidate sites available for residential development throughout the unincorporated County areas. On November 10, 2022, the County released an interactive map identifying potential properties for rezone to high density residential zoning designations to include in its draft Housing Element Update as part of the County's strategy to meet its Regional Housing Needs Assessment (RHNA) allocation. The map also identified currently pending proposed residential development projects throughout the County that would also be counted towards meeting the County's RHNA allocation.

In the Carpinteria Valley, these identified sites included the currently proposed 168-unit "Bailard" multifamily housing development located at the top of Bailard Avenue (1101 and 1103 Bailard Avenue), as well as two proposed rezone sites: "Van Wingerden 1" located at 4098 Via Real (a 15-acre agricultural site located behind the "Casas de las Flores" residential development proposed to be rezoned for up to 236 units); and "Van Wingerden 2" located at 4711 Foothill Road (an approximately 10-acre greenhouse site located directly across from Carpinteria High School proposed to be rezoned for up to 180 units). A number of additional sites throughout the Carpinteria Valley were also identified for initial consideration but deemed unlikely to be rezoned due to various Santa Barbara County Housing Element Update Comment Letter August 28, 2023

Page 2 ends

Carpinteria City CouncilAugust 28, 2023

Carpinteria City Council
August 28, 2023