Agenda packet — Carpinteria City Council, September 11, 2023 (part 1 of 2)

City of Carpinteria
City Council Regular Meeting Agenda
Monday, September 11, 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 City Council Regular Meeting Agenda
September 11, 2023

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the meeting by either submitting your comment via (1) email to [email protected], (PLEASE NOTE NEW PUBLIC COMMENT EMAIL ADDRESS) or (2) the eComment link on the City's agenda website (https://carpinteriaca.gov/city-hall/agendas-meetings/). Please reference the agenda item to which your comment pertains. While written comments become part of the record, they will not be read aloud at the meeting.

Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment in-person in the City Council Chambers). Additional options may be made available at the meeting.

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

CALL TO ORDER

ROLL CALL

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:

1. Proclamation Declaring September 15, 2023 to October 15, 2023 as Hispanic Heritage Month. (Requires approval prior to presentation of proclamation.)

2. Proclamation Proclaiming September 2023 as “Suicide Prevention” Month. (Requires approval prior to presentation of proclamation.)

3. Proclamation Designating the Week of September 11 – 17, 2023 as Celebrate Community Week. (Requires approval prior to presentation of proclamation.) City Council Regular Meeting Agenda
September 11, 2023

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4. Carpinteria Valley Museum of History Presentation by Executive Director/Curator Jayme Yahr.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL

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

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

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

The audio-visual system in the Council Chamber is not available for speaker use during the general Public Comment period.

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

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

City Council Regular Meeting Agenda
September 11, 2023

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5. Approve the minutes of the regular meeting held August 28, 2023.

6. Receive and file the Expenditures for the period beginning August 21, 2023 and ending September 1, 2023.

ADMINISTRATIVE MATTERS:

7. Request to Waive Accrued Interest on the Property Lien at 4745 Carpinteria Avenue.

Recommendation: Deny the request to waive accrued interest in the amount of $8,469.38 on the property lien at 4745 Carpinteria Avenue.

Staff Presenter: Brian C. Barrett, City Clerk
a. Staff Report
b. Public Comment
c. City Council Determination

8. Fifth Amendment to Lease with Chevron U.S.A., Inc. for Submerged Pipelines Serving Platforms Gail and Grace, in City Submerged Lands.

Recommendation: Authorization for the Mayor to execute the Fifth Amendment to the Lease Agreement between the City of Carpinteria and Chevron, that leases the City's submerged lands for two existing submerged oil and gas pipelines to Chevron and extends the term of that lease tree (3) years until September 26, 2026, in order to facilitate Chevron's decommissioning activities, including plugging and abandonment of offshore wells and facilities associated with Platforms Gail and Grace. (Requires a roll call vote.)
Staff Presenter: Aida Thau, Management Analyst II
a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING: NONE

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR

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

City Council Regular Meeting Agenda
September 11, 2023

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9. Special Event Permit Application for the 2023 California Avocado Festival.

Recommendation: (1) Approve the Special Event Permit Application for the 2023 California Avocado Festival; (2) Designate the area within the event footprint as a public park during the hours of operation pursuant to Carpinteria Municipal Code Section 10.68.010; and (3) Authorize expenditures for special event law enforcement services and temporary traffic control and street cleaning services. (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

10. Adoption of Ordinance No. 769 amending Chapter 12.24 and Chapter 10.62 of the Carpinteria Municipal Code to add regulations pertaining to scooter use at the Carpinteria Skate Park, 5781 Carpinteria Avenue.

Recommendation: Approve on first reading Ordinance No. 769, as read by title only. (This motion requires reading of ordinance title and a roll call vote.) Staff Presenter: Aida Thau, Management Analyst II
a. Staff Report
b. Public Comment
c. City Council Determination

11. An urgency ordinance adding Chapter 7.04 (“Just Cause for Termination of Residential Tenancy”) to a new Title 7 (“Housing Regulations”) of the Carpinteria Municipal Code.

Recommendation: Approve and adopt Urgency Ordinance No. 770 adding Chapter 7.04 (“Just Cause for Termination of Residential Tenancy”) to a new Title 7 (“Housing Regulations”) of the Carpinteria Municipal Code. (This Urgency Ordinance requires a 4/5th affirmative vote to pass.)
Staff Presenter: Nick Bobroff, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination
City Council Regular Meeting Agenda
September 11, 2023

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LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

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

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

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

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

2. Regional Committees
a. Channel Counties Division, League of California Cities (Nomura/Alt.

Alarcon)
b. Santa Barbara Joint Affordable Housing Task Group (Alarcon & Solórzano) c. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
d. South Coast Youth Safety Partnership (Solórzano/Alt. Lee) e. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)

3. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Alarcon & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee and Alarcon) d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Solórzano) f. City Council Finance/Budget Committee (Alarcon & Clark) g. Transportation Committee (Lee & Clark)
City Council Regular Meeting Agenda
September 11, 2023

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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)

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 25, 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, September 6, 2023, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.

PROCLAMATION

A PROCLAMATION OF THE CITY OF

CARPINTERIA CITY COUNCIL
DECLARING SEPTEMBER 15, 2023 TO
OCTOBER 15, 2023 AS

HISPANIC HERITAGE MONTH
WHEREAS, Hispanic culture constitutes the foundation of the history of the State of California and the Southwest region of the United States, and Latin Americans are justly proud of their rich and diverse cultural heritage, having made positive contributions to the social, artistic, linguistic, and intellectual aspects of our society; and WHEREAS, generations of proud, hardworking, enterprising Latin Americans have contributed to and have strengthened our communities, with countless achievements and their abiding values in the home and family; and
WHEREAS, Hispanics increasingly impact the political, economic and social growth of our community and state, and constitute approximately 46% of the City's total population, and approximately 40% statewide per the U.S. Census Bureau; and WHEREAS, as we observe Hispanic Heritage Month, the City encourages all members of the community to recognize the accomplishments and contributions of Hispanics in our community, and the importance of social justice and fair representation for the Hispanic community in all aspects of City life and experience.

NOW, THEREFORE, the City Council of the City of Carpinteria does hereby declare the period September 15, 2023 to October 15, 2023 as
"HISPANIC HERITAGE MONTH
11 in the City of Carpinteria in recognition of the many contributions Hispanics have made to Carpinteria, California and the country, and to promote greater awareness of the rich history and culture of the Hispanic community.

IN WITNESS THEREOF, the Mayor hereunto set their hand and caused the official seal of the City of Carpinteria, California, to be affixed this 11th day of September, 2023.

Al Clark, Mayor
City of Carpinteria
ATTEST:

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

A PROCLAMATION OF THE

CARPINTERIA CITY COUNCIL
PROCLAIMING SEPTEMBER 2023
AS "SUICIDE PREVENTION" MONTH
WHEREAS, this Proclamation recognizes suicide as a public health problem, and suicide prevention as a community responsibility, and designates and proclaims the month of September 2023 as "Suicide Prevention Month" and recognizes the need to address suicide prevention on a daily basis. This is in support and recognition of the ongoing need to address issues of anxiety, depression and suicide; and
WHEREAS, mental health experts are firmly convinced that suicide is preventable through awareness, education, support and treatment; and WHEREAS, the City promotes awareness of the importance of tending to our mental health as it is essential and acknowledges that those living with mental health disabilities are deserving of care, understanding, compassion, and pathways to hope, healing, recovery, fulfillment, and inclusivity; and
WHEREAS, when mental health well-being is centered and promoted, the risk of suicide is decreased; and
WHEREAS, suicide is a serious public health problem that can have lasting harmful effects on individuals, families, and communities. There are many factors that contribute to suicide. The goal of suicide prevention is to reduce the factors that increase risk and increase factors that promote resilience; and
WHEREAS, the suicide risk has become a more significant concern over the past few years as we navigated a global pandemic; adjusted to a new normal; experienced complex trauma, loss, and qriet; and endured increased isolation, unemployment, and many other distressing life events; and
WHEREAS, the City emphasizes the importance of the community taking time to center themselves and do the things necessary to prioritize their mental well-being and encourage the community to utilize the tools, education, and resources offered to practice self-care and center mental wellness; and
WHEREAS, the City works collaboratively with Santa Barbara County Department of Behavior Wellness, County Public Health and HopeNet of Carpinteria and appreciates the resources and services they offer to the Carpinteria community in preventing suicide.

NOW, THEREFORE, the City Council of the City of Carpinteria does hereby proclaim that September 2023 be known as "Suicide Prevention Month" and recognize the need to address suicide prevention on a daily basis in the City of Carpinteria.

IN WITNESS THEREOF, the Mayor hereunto set their hand and caused the official seal of the City of Carpinteria, California, to be affixed this 11 th day of September 2023.

Al Clark, Mayor
City of Carpinteria
ATTEST:

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

A PROCLAMATION OF

THE CITY COUNCIL

OF THE CITY OF CARPINTERIA

DESIGNATING THE WEEK OF
SEPTEMBER 11 - 77, 2023 AS
''CELEBRATE COMMUNITY' WEEK
WHEREAS, the Kiwanis lntemational, Lions Club lntemational, Optimist lntemational, and Rotary lntemational seruice organizations have partnered together in support of Celebrate Community to focus on local community seruice, and WHEREAS, fhe aim of Celebrate Community is to encourage seruice clubs to reach out to one another to work together on projects that improve and benefit tocatcommunities; and WHEREAS, in recognition of Celebrate Community, Carpinteria seruice organizations are planning to paftner on local seruice projects related to heatth and wellness, food insecurity and hunger, education and literacy, and the environment; and WHEREAS, the City of Carpinteria City Council ubhes to recognize the important role local seruice organizations have in building and maintaining communities by declaring a Celebnte Community Week and by annually disptaying on banners inthe Downtown "7" the name, motto and/or logo of local seruice organizations; and WHEREAS, Celebrate Community Week makes a difference by bringing attention to the important work of local seruice organizations and making positive change in our community and the world through seruice projects.

NOW, THEREFORE, the City Council of the City of Carpinteria does hereby designate the week of September 11 - 17, 2023 as "Celebrate Community Week" and authoizes the display of banners in the Downtown "T" as a part of its recognition of the important work of local seruice organizations.
lN WITNESS THEREOF, the Mayor hereunto set their hand and caused the official seal of the City of Carpinteria, Calffomia to be affixed this 1lh day of September, 2023.

ATTEST:

Bian C. Banett, CMC, CPMC
City Clerk
Al Clafu, Mayor
City of Carpinteia
Past and Present:

A Carpinteria
History Museum
for the Future
Jayme Yahr
Executive Director/Curator
Carpinteria Valley
Museum of History
[email protected]
Local
Engagement
Global
Engagement
Communities
Many Interact
Histories
Accessible
Inclusive
Spaces
Personal
Connections
Learning
Experiences
Community
Gathering
Places
Digital
Connection
Intergenerational
Experiences
Patronage/
Objects
Preservation/
Conservation
Cultural
Connections
Diverse
Voices
Storytelling
& Activism
Museum Tree
The role of museums
in communities
Managing the Museum’s Transition Process
Year #1
Creating a foundation for future success
Major building projects:
• Landscape updates
• Building fumigation
• Roof repair (we will need a new roof soon)
• Gate repair
• New office heaters
• New fire alarm system
• New technology…wifi, a credit card
system, laptops!
• Cleaning out and organization of office and
storage spaces; rethinking our collection
storage for the future
• School Tours
• Changing Educational Programs—accessibility,
inclusivity, diversity, FUN
• Digitizing Photography and Archives Collection
• Accessibility; eliminating physical barriers
• Shoring up processes and governance
• Bylaws revisions
• Accounting practices and policies
• Production and mailing of member newsletter
• Networking and Collaborative Processes
Ideas into Action
Embarking on and/or exploring for the 1st time in year #2! Communication
Emails to members
Reconsidering member benefits
Social media presence
Fundraising and Development
Membership Drive
Corporate Sponsorships
Planned Giving
Grants
Events
Exploring the idea of renting museum courtyard/spaces
Considering a lecture series or other event series
Strategic Planning
Changes to Board structure
Defined priorities and goals
Board development
Membership Levels and Fees
$15 - Student
$35 - Individual
$50 - Family
$75 - Contributing
$100 - Patron
$150 - Corporate
$250 - Benefactor
$500 - Life (one-time payment)
Embarking on and/or exploring for the 1st time in year #2! Exhibitions
New exhibition processes
New curatorial priorities – changing exhibitions
New and diverse voices
New (old) stories and narratives
Collections
Best practices in accepting donations
Best practices in cataloguing
Best practices in storing collections
Digitizing collections records
Educational Opportunities
Family History Days
Expanded school tour options
Outreach to local schools and educational organizations Partnership programs
Top: Union Grammar and High School
Bottom: Beach Camp, c. 1940s
Carpinteria Valley
Museum of History
Volunteer Opportunities
Learn about museums
Work with artifacts
Help with events
Engage with visitors
Give Tours
Gardening
Help with exhibitions
Update computer records
Organize storage spaces
Support local history
Visit us at 956 Maple Ave
Contact: Jayme Yahr at [email protected] or 805-684-3112 if interested! Flexible
Schedules
&
School
Credit

CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013

REGULAR MEETING AGENDA
MONDAY, SEPTEMBER 11, 2023
5:30 P.M.

1. Call to order and roll call.

2. Confirmation of legal noticing and procedural requirements of meeting.

3. Public Comment – This is the time for public comments on matters not otherwise on the agenda but within the subject matter of the Carpinteria Library Board of Trustees.

4. Presentation of Certificate of Appreciation to Viviana Morales in recognition of her service to the community as a member of the Library Advisory Commission from July 2022 through August 2023.

5. Proclamation Proclaiming September 2023 as “Library Card Sign-Up” Month.

6. Approval of minutes of the regular meeting held July 10, 2023.

7. September 2023 Carpinteria Community Library Report.

8. New Business & Discussion.

9. Adjournment.

The Carpinteria Library Board of Trustees agenda and any associated staff reports will be available on Thursday, September 7, 2023 on the City’s Website:
https://carpinteriaca.gov/city-hall/agendas-meetings/. The Carpinteria Library Board of Trustees agenda and staff reports are part of the City Council agenda for its regular meeting of September 11, 2023. Please see “TEMPORARY ADJOURNMENT FOR THE

PURPOSE OF HOLDING THE MONTHLY MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES.” Details and procedures on how to provide public comment and participate in the meeting through telephonic means are available on the posted City Council agenda at https://carpinteriaca.gov/city-hall/agendas-meetings/.

In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact Brian Barrett, City Clerk at [email protected] or (805) 755-4403. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting. This agenda was posted on Wednesday, September 6, 2023, in the City Clerk’s Office, on the City Hall Public Notices Board, and on the Internet.

Certificate 'ifj\_ppreciation
'11ie Library Board' of Trustees of the City of Carpinteria presents this Certificate of .'A.ppreciation to
'VIVIJt1\f54. :M.O'RZL~S
In recognition. of your service to the cummunity as a member of the Library M'visory Commission:
(TuCy 2022 -:- .'A.itgust 2023)
.7l[ Cfari, President
£wrary Board' of 'Trustees
'Date

A PROCLAMATION OF THE

CARPINTERIA LIBRARY BOARD OF

TRUSTEES PROCLAIMING
SEPTEMBER 2023
AS "LIBRARY CARD SIGN-UP"
MONTH
WHEREAS, the month of September is recognized as Library Card Sign-Up Month nationwide, and during the month, libraries unite in a national effort to ensure every school aged child signs up for their own library card; and WHEREAS, libraries provide a teaming environment that fosters joyful exploration, encouraging all ages to research subjects that they are genuinely curious about; and WHEREAS, librarians create welcoming and inclusive spaces for people of all backgrounds to team together and engage with one another; and WHEREAS, libraries provide a variety of books and resources to serve everyone in the community, making knowledge and ideas available so that people have the freedom to choose what to read; and
WHEREAS, a library card empowers all people to explore new passions and interests; and
WHEREAS, libraries are continually transforming to deliver new services that connect closely with community needs.

NOW THEREFORE, the Carpinteria Library Board of Trustees hereby proclaims the month of September 2023 as Library Card Sign-Up Month in Carpinteria and encourages all residents to sign up for their own library card today.

IN WITNESS THEREOF, the President hereunto set their hand and caused the official seal of the City of Carpinteria, California to be affixed this 11th day of September, 2023.

Al Clark, President
Carpinteria Library Board of Trustees
ATTEST:

Brian C. Barrett, CMG, CPMC, Secretary
Carpinteria Library Board of Trustees

CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013

REGULAR MEETING MINUTES
MONDAY, JULY 10, 2023

1. Call to order and roll call.

President Clark called the meeting to order at 5:34 pm.

Boardmembers present: Boardmember Roy Lee
Boardmember Wade T. Nomura
Boardmember Mónica J. Solórzano
Vice President Natalia Alarcon
President Al Clark
Staff members present: Dave Durflinger, Chief Executive Officer Jody Thomas, City Librarian
Brian C. Barrett, Secretary

2. Confirmation of legal noticing and procedural requirements of meeting.

Secretary Barrett acknowledged that all legal noticing and procedural requirements have been met.

3. Public Comment
There was no oral public comment.

Emails distributed: Anonymous

4. Approval of minutes of the regular meeting held June 12, 2023.

Motion by Vice President Alarcon, seconded by Boardmember Solórzano, to approve the minutes of the regular meeting held June 12, 2023. Upon voice vote, the motion carried unanimously.

5. July 2023 Community Library Update.

City Librarian Thomas presented the staff report.

There was no public comment.

Library Board of Trustees Regular Meeting Minutes
July 10, 2023

Page 2 ends

The report was received and filed.

6. New Business & Discussion.

There was no new business nor discussion.

7. Adjournment.

President Clark adjourned the meeting at 5:40 pm.
________________________________
Brian C. Barrett, CMC, CPMC, Secretary
City of Carpinteria
LreRAnv Boano or Tnusrees AceruoR Srarr Reponr
September 11 , 2023

ITEM FOR LIBRARY BOARD OF TRUSTEES CONSIDERATION
September 2023 Carpinteria Community Library Report.

STAFF RECOMMENDATION
Receive and file the report,
Sample Motion: I move to receive and file the Carpinteria Community Library report

BACKGROUND
The Carpinteria Community Library, established by Ordinance 747 June 14,2021, and added to the Municipal Code, Chapter 2.38, also established a Library Board of Trustees (section 2.38.030) to meet at least once a month.

DISCUSSION
The Library has pivoted to a fall program schedule now that school is back in session The Library is now open a full day on Mondays, so the daily schedule is more consistent: Monday through Thursday, 9 - 6pm, Friday 9 - Spm, and Saturdays 10 - 3pm. The Library is open a total of 49 hours a week, which is an increase of four additional hours a week. Homework Help is available Monday through Thursday afternoons.

The Carpinteria Community Library has two MOXI museum passes available for a seven-day checkout with no renewals and they are available only to Carpinteria Library patrons. MOXI: The Wolf Museum of Exploration + lnnovation is an interactive science museum for all ages. Each pass is good for two adults and up to five children. MOXI partnered with the Library to make this an affordable addition to our Library of Things.

Other items in the Library of Things are the California State Park passes, pickle ball rackets, hot spots for remote internet access, an induction cooktop, and a household energy audit kit.

LBOT Staff Report
September 11,2023
Page2
More than $5000 wa9 spent on Zip Books from the California State Library grant, awarded in Winter of 2022. Through this program, books that were not available from the Library were purchased from Amazon, sent directly to library card holders, and then returned to the library to be added to the collection. The Carpinteria Community Library received another Zip Book grant from the State Library for FY24 in the approximate amount of $5200 to be spent on books that are not othenruise available to patrons.

As part of Senior Socials (a volunteer-led program coordinated through Seniors lnc. with support from the City), a group of seniors have been meeting in the Community Room at the Library on Tuesday and Thursday mornings. ActivitieJinclude social activities, book discussions, and special programming such as guest speakers.

Due to an unplanned staffing absence, programming and outreach events will be limited for September.

POLICY CONSISTENCY
The Library programs and resources are consistent with the actions of the City Council concerning the establishment of a municipal library.

FI CONSIDE TIONS
There are no financial considerations at this time

LEGAL ND RISK MANAGEMENT CONSIDE TIONS
As determined necessary and appropriate, staff consults with the City Attorney's Office and risk managers of its insurance entity, the California Joint Powers lnsurance Authority, in order to ensure compliance with legal requirements and best practices.

OPTIONS

1. Receive and file.

2. Direct staff as appropriate

PRINCIPAL PARTI ES AT ETING
No principal parties expected to attend

ATT ENTS
No attachments
L : \Staff Reports\Staff Report Septem be r 2023. docx
LBOT Staff Report
September 11,2023

Page 3 ends

Staff contact: Jody Thomas, City Librarian
(805) 684-4314, naca.oov
Staff contact: Michael Ramirez
(805) 755-4450, michaelr@ interiaca.oov
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]
t,{ \fL Q"&Ws
Signature
L : \Staff Reports\Staff Report Se ptem be r 2023. docx

MEMORANDUM
Date: September 6, 2023
To: City Council
From: Nick Bobroff, Community Development Director
Subject: September 5, 2023 Planning Commission Action
On Tuesday, September 5th, the Planning Commission considered the following hearing requests with all Commissioners in attendance:
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 voted 4-0-1 (Benefield abstain) to approve the project as submitted.
2 2) Scerni New Residence
Project # 22-2184-DP/VM/CDP/ARB
Address: 4610 Fourth Street
Applicant: Jeremy Roberts, architect, for Gregg and Beth Scerni Planner: Syndi Souter
Hearing at the request of Jeremy Roberts, architect, for Gregg and Beth Scerni, to consider Project 22-2184-DP/VM/CDP/ARB for approval of a Development Plan and a Coastal Development Permit to construct a new 2,257 square-foot two-story single-family residence with an 838 square-foot partially-covered deck, and a detached 504 square-foot two-car garage with a storage loft 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 003-431-005, addressed as 4610 Fourth Street
The Planning Commission voted 4-0-1 (Benefield abstain) to approve the project as submitted.

City of Carpinteria
City Council Minutes
Regular Meeting
Monday, August 28, 2023
In-Person and Virtual

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

ROLL CALL
Councilmembers present: Councilmember Roy Lee
Councilmember Wade T. Nomura
Councilmember Mónica J. Solórzano
Vice Mayor Natalia Alarcon
Mayor Al Clark
Staff members present: Dave Durflinger, City Manager
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
Olivia Uribe Mutal, Program Manager
John L. Ilasin, Public Works Director
Erin Maker, Environmental Program Manager
Nick Bobroff, Community Development Director
Megan Musolf, Management Intern
Aida Thau, Management Analyst II
Licette Maldonado, Administrative Services Director
Stephon Downes, Management Analyst I
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.

City Council Regular Meeting Minutes
August 28, 2023

Page 2 ends

AGENDA MODIFICATIONS: NONE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS: NONE

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. Planning Commission Actions
City Manager Durflinger reported:
• Planning Commission Actions from its meeting of August 7, 2023. He reminded the Council that this memo provides the Council an opportunity to appeal items on the Planning Commission.
• The Architectural Review Board will meet on August 31st at 5:30 pm in the Council Chambers to preliminary review a mixed use project at 4745 Carpinteria Avenue (formerly Sun Coast Rentals). Story poles are currently up at the site.
b. Status Update on the Work of the City Manager Succession Process Committee Program Manager Uribe Mutal reported:
• The job posting of the City Manager position went live on August 4th and the application deadline is September 12th at the end of the day. So far there are 14 applicants.
• The community survey on the City Manager qualifications has been posted and the survey deadline is September 4th. So far received 118 responses in English and none in Spanish.
• The City Manager Succession Process Committee officially ended once the job posting and community survey went live.
• An update will be provided on the next steps and timeline for the City Manager recruitment at the September 11th Council meeting. c. Status Update on the Work of the Senior Services Planning Committee Assistant City Manager Ramirez reported:
• Request for Proposals (RFP) for Consulting Program Design & Implementation Services for the Establishment of An Active Adult / Senior Center and Related Programming was issued for a second time and no responses were received as yet.

City Council Regular Meeting Minutes
August 28, 2023

Page 3 ends

• Stakeholders want the interim senior center location at the Vets Hall and there is no opposition to have the program model start as a City run program.
• The 4H brought animals to Gran Vida and did a senior social there where KEYT covered the story.
• Gran Vida is now providing HELP of Carpinteria with a location for their office and parking of vehicles.
d. FEMA Community Rating System
Public Works Director Ilasin reported:
• Residents living in special flood hazard areas will receive a 5% discount on their flood insurance through FEMA’s Community Rating System. The discount is not effective yet.
• FEMA is finalizing the paperwork and will be informing local insurance companies and carriers.
• City will send out letters to the affected properties and place notice in the City newsletter and social media.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Linda Lisiecki, Fred Shaw, and Carol Kernahan Speakers via Zoom: Lisa Guravitz
City Manager Durflinger responded to Ms. Lisiecki’s comments about weed abatement at a vacant lot adjacent to the Lagunitas development and noted that staff would look into the matter and determine the appropriate response.

CONSENT CALENDAR:

There was no public comment.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 1 through 5. The roll call vote was as follows:

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

City Council Regular Meeting Minutes
August 28, 2023

Page 4 ends

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:

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 Environmental Program Manager Maker presented the staff report and PowerPoint presentation.

There was no public comment.

Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, 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 operations of electrical equipment associated with electric vehicle infrastructure in City Parking Lot No. 1. Upon voice vote, the motion carried unanimously.

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.)
City Council Regular Meeting Minutes
August 28, 2023

Page 5 ends

Public Works Director Ilasin presented the staff report and PowerPoint presentation.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Solórzano, 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. 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.

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.) Public Works Director Ilasin presented the staff report and PowerPoint presentation.

There was no public comment.

Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, 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. 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.

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

City Council Regular Meeting Minutes
August 28, 2023

Page 6 ends

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.

Environmental Program Manager Maker presented the staff report.

There was no public comment.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, 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. Upon voice vote, the motion carried unanimously.

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.

Community Development Director Bobroff presented the staff report.

Speakers in-person: Catherine Overman
Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to approve the letter to be sent to the County of Santa Barbara regarding the Draft 2023 – 2031 Housing Element Update.

Councilmember Lee recommended sending a copy of the letter to the California Coastal Commission.

Councilmember Solórzano modified the motion to approve the letter to be sent to the County of Santa Barbara regarding the Draft 2023 – 2031 Housing Element Update and send a copy of the letter to the California Coastal Commission. Councilmember Nomura seconded the modified motion.

Upon voice vote, the modified motion carried unanimously.

PUBLIC HEARING:

11. Annual Review of Fire Protection Mitigation Fee Program. (Continued from July 24, 2023 Council Meeting)
City Council Regular Meeting Minutes
August 28, 2023

Page 7 ends

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.

Public Works Director Ilasin introduced Carpinteria-Summerland Fire Protection District Fire Marshal Mike LoMonaco who presented the staff report.

Mayor Clark opened the public hearing at 6:40 pm and being there was no public comment, closed the public hearing at 6:40 pm.

Motion by Councilmember Lee, seconded by Vice Mayor Alarcon, to adopt Resolution No. 6259, as read by title only. Upon voice vote, the motion carried unanimously.

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 14, Zoning, of the Carpinteria Municipal Code, to address recent state Accessory Dwelling Unit legislation.

Community Development Director Bobroff introduced Management Intern Musolf who presented the staff report and PowerPoint presentation.

Mayor Clark opened the public hearing at 6:50 pm and being there was no public comment, closed the public hearing at 6:50 pm.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to approve and adopt Resolution No. 6265, initiating amendments to the Carpinteria Local Coastal Program and Chapter 14.72 of Title 14, Zoning, of the Carpinteria Municipal Code, in response to recent state Accessory Dwelling Unit legislation. Upon voice vote, the motion carried unanimously.

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

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

City Council Regular Meeting Minutes
August 28, 2023

Page 8 ends

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

Management Analyst II Thau presented the staff report and Peter Bonning, representing the Carpinteria Skate Foundation, responded to questions from the Council.

Speakers in-person: Peter Bonning (did not speak) and Julia Mayer Mayor Clark recommended that the City be named additional insured on the Carpinteria Skate Foundation’s insurance policy.

Motion by Councilmember Lee, seconded by Councilmember Nomura, to authorize the City Manager to execute the agreement with the Carpinteria Skate Foundation. Upon voice vote, the motion carried unanimously.

Mayor Clark temporarily recessed to a break at 7:20 pm and reconvened the meeting at 7:30 pm.

14. Annual Report on Law Enforcement Services.

Recommendation: Receive and file report.

Lt. Ugo “Butch” Arnoldi and Commander Brad Welch, both with the Santa Barbara County Sherriff’s Office presented the PowerPoint presentation.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Nomura, to receive and file the Annual Report on Law Enforcement Services. Upon voice vote, the motion carried unanimously.

15. 2023 Work Plan Status Report.

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

City Manager Durflinger, Assistant City Manager Ramirez, Program Manager Uribe Mutal, Administrative Services Director Maldonado, Community Development Director Bobroff, Public Works Director Ilasin, and Management Analyst II Thau presented the staff report and PowerPoint presentations.

There was no public comment.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to receive and file the 2023 Work Plan status report. Upon voice vote, the motion carried unanimously.

City Council Regular Meeting Minutes
August 28, 2023

Page 9 ends

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.

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

There was no public comment.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to receive and file the Together We Thrive: A Community Resource and Engagement Fair Debrief and Survey Report. Upon voice vote, the motion carried unanimously.

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).

Environmental Program Manager Maker presented the staff report.

There was no public comment.

Councilmember Solórzano recommended the Council create a Council Sustainability Committee.

There was consensus of the Council to direct staff to place on a future agenda the creation of a Council Sustainability Committee.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to receive and file the Sustainable Community Policy Annual Report. Upon voice vote, the motion carried unanimously.

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.) Public Works Director Ilasin and Management Analyst I Downes presented the staff report and PowerPoint presentation.

There was no public comment.

City Council Regular Meeting Minutes
August 28, 2023

Page 10 ends

Motion by Councilmember Lee, seconded by Councilmember Nomura, to 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 to appropriate $14,700 for rental of street sweeping 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.

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.

City Manager Durflinger announced he would leave the Council Chambers to avoid any possible perception that he was influencing the Council’s deliberations on this item and left the meeting at 9:33 pm.

Management Analyst II Ilasin presented the staff report.

There was no public comment.

Councilmember Solórzano made a motion to approve the ninth amendment to the July 22, 2013, City Manager Employment Agreement and move to approve said ninth amendment increasing the annual base wage from $206,014.36 to ?. The motion died due to a lack of a second.

Discussion ensued on the base wage increase and the Council decided to increase the City Manager’s base wage by 9.87% (calculated as 14.87% market rate adjustment for the City Manager position per the Total Compensation Study less 5% market rate adjustment the City Manager received for Fiscal Year 2022-23).

Motion by Councilmember Nomura, seconded by Councilmember Solórzano, to approve the ninth amendment to the July 22, 2013, City Manager Employment Agreement and move to approve said ninth amendment increasing the annual base wage from $206,014.36 to $226,347.98. The roll call vote was as follows:

AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
City Council Regular Meeting Minutes
August 28, 2023

Page 11 ends

NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

Mayor Clark heard Committee Reports, Inquiries and Other Matters Presented by Councilmembers Section before the Legislative Update Section.

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Vice Mayor Alarcon reported on her attendance at the Santa Barbara Joint Affordable Housing Task Group on July 27th where there was a presentation on behalf of Life Ark and her attendance at the Santa Barbara County Elected Leaders Forum to Address Homelessness where there was discussion on providing additional affordable housing options to the entire County.

City Manager Durflinger returned to the meeting at 9:46 pm.

LEGISLATIVE UPDATE:

City Manager Durflinger reported on an excerpt from the League of California Cities webpage on action items including Assembly Bill 1484, Senate Bill 423, Assembly Bill 309, and the State Ballot Measure Restricting Voters’ Input and Local Taxing Authority.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the September 11, 2023 regular City Council meeting.

ADJOURNMENT
Mayor Clark adjourned the meeting at 9:49 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 11, 2023

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning August 21, 2023 and ending September 1, 2023.

STAFF RECOMMENDATION
Receive and file Warrant Register for the period of August 21, 2023, through September 1, 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 August 21, 2023 and ending September 1, 2023.

Warrant Register
September 11, 2023
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Warrant Register
Carpinteria, CA
Date Range: 08/21/2023 - 09/01/2023
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
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Payable Type

JAYNE DIAZ

JAYNE DIAZ
Invoice

LARRY DRIGGERS
Invoice

LARRY DRIGGERS

MARY ANN COLSON
Invoice

MARY ANN COLSON

ALYSSA CHAYASING

PLANNING & DEVELOPMENT-COUNTY OF SANTA BARBARA

MISSIONSQUARE
Invoice
Invoice
Invoice
SEIU LOCAL 620
Invoice
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SEP23 MEDICAL REIMBURSEMENT
SEP23 MEDICAL REIMBURSEMENT
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MISSIONSQUARE Employee Contributions
08/24/2023
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UNITED WAY OF SANTA BARBARA COUNTY
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Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Credit Memo
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Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
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258.94 101960
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AFLAC
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AUG21 ANN MEYER PREMIUM
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BATTERIES FOR BEACH
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ANNUAL PRIME MEMBERSHIP
ZIP BOOKS-D. CAMPBELL
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GAMES, OFFICE SUPPLIES FOR LIBRARY

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ZIP BOOKS-L. GARCIA
ZIP BOOKS-S. EVANS
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BOOKS FOR LIBRARY

Page 1 ends

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AUG23 PREMIUMS
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Invoice
Invoice
Invoice
Invoice
Credit Memo
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
**Void**
**Void**
**Void**

AMERICAN FOOD CORP
Invoice
ASBURY ENVIRONMENTAL SVCS 08/24/2023
Invoice DISPOSAL OF OIL/MIXED OILS 7/11/23

CALIFORNIA JPIA
Invoice
CalPERS
Cal PERS
Invoice

CANON FINANCIAL SERVICES INC
Invoice

CARPINTERIA VALLEY LUMBER CO
Invoice
Invoice
Invoice

CITY OF SANTA BARBARA CD-RH MP

CITY OF SANTA BARBARA CD-RH MP
Invoice

COASTAL VIEW NEWS
Invoice
COM3 CONSULTING INC
Invoice

DLT SOLUTIONS INC
Invoice

BOOKS FOR LIBRARY

BOOKS FOR LIBRARY
ZIP BOOKS-H. ARQUILEVICH
ZIP BOOKS-L. COX
ZIP BOOKS-R. ALEXANDER
1 FOLDING TABLE FOR AQUATICS RETURNED
ZIP BOOKS-A. BECKNER
ZIP BOOKS-M. MUNNS
ZIP BOOKS-D. THOMAS
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ZIP BOOKS-L. ROGERS
ZIP BOOKS-T. SIM BER
ZIP BOOKS-E. ODOM
ZIP BOOKS-K. BAUER

PLACTIC FILE FOLDERS, EXPANDING FILE JACKETS
ZIP BOOKS-A. SALGADO
ZIP BOOKS-A. SCHIBSTED
08/24/2023
08/24/2023
08/24/2023
08/24/2023
SNACKS FOR RESALE AT POOL 3/27/23
08/24/2023
FY23-24 POLLUTION LIABILITY INSURANCE
08/24/2023
08/24/2023
FEES FOR GASB-68 REPORTS & SCHEDULES
08/24/2023
AUG23 CHARGES FOR CANON 5760 & B&W 6275

ENCOMPASS CONSULTANT GROUP INC

EVERSHADE EXTERIOR CLEANING SOLUTIONS

FOSTER & FOSTER CONSULTING ACTUARIES INC
08/24/2023

FUSE FOR LIBRARY

HARDWARE FOR SHOP SUPPLIES

GRAY PAINT FOR BATTERY RECYCLING CONTAINERS
08/24/2023
08/24/2023
FY22/23 Q4 RENTAL HOUSING MEDIATION PROGRAM
08/24/2023
PUBLIC HEARING ADU/JADU AD 8/10/23
08/24/2023
MAR-JUN23 PROJECT MANAGEMENT CARP BRIDGE
08/24/2023
FY23-24 ANNUAL SUBSCRIPTION FOR SOFTWARE USAGE
101964
101965
101966
121.55 101967
100.00 101968
2,044.00 101969
(1,050.00) 101970
1,050.00 101970
1,249.52 101971
104.42 101972
(4,293.00) 101973
4,293.00 101973
133.00 101974
1,958.00 101975
1,453.80 101976
08/24/2023 27,826.45 101977
Invoice JUL23 ENGINEERING FOR PAVEMENT MAINTENANCE PROJECT 08/24/2023 450.00 101978
Invoice JUL23 CLEANING OF TRASH CANS AT CARP & LINDEN AVE 08/24/2023 1,950.00 101979
Invoice FY22/23 GASB 68 REPORT FOR CALPERS

GKAINGER
Invoice
08/24/2023 59.23 101980

MERCURY BULBS FOR SHOP

GUARDIAN
Invoice
08/24/2023 8,599.53 101981
AUG23 PREMIUMS
LIEBERT CASSIDY WHITMORE 08/24/2023 5,070.00 101982

Page 2 ends

Invoice
INV0004852

MAIRANI BENITEZ
Invoice
FY23-24 ERC MEMBERSHIP
08/24/2023
VETS HALL 9/23/23 EVENT DEPOSIT REFUND
MISSION UNIFORM SERVICE 08/24/2023
519844582
519844584
Invoice
Invoice
01352C023283096
01352C023286413
01352C023287205
01352DA23195389
01352DA23265689
01352DA23277893
01352DA23288936
2277-01-0723
08/14/2023
AUG23 700163777874
2505093118

RECON CORRECTION

RECON CORRECTION-LE
184290
184291
184351
184352
184353
3668214SBP1
81887112
81893063
81893063CM
INV0004844
INV0004845
141H-QXCM-1HHT
1HWJ-M67F-CH4C
1LKQ-K4M6-MFHW
1N13-KRXP-NNLY
1 VFY-KVPX-6TQW
OVERDRIVE INC.

Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
300.00 101983

61.48 101984
4,637.70 101985

PERFORMANT MANUFACTURING LLC
Invoice

PROFESSIONAL WASH CENTER
Invoice

ROCKWELL PRINTING
Invoice

RRM DESIGN GROUP
Invoice
SANTA BARBARA COUNTY PUBLIC HEALTH DEPT.

Invoice

SO CA EDISON
Invoice

SUN COAST RENTALS
Invoice
MAT REPLACEMENT AT POOL 8/14/23
MAT REPLACEMENT AT LIBRARY 8/14/23
08/24/2023
AUG23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY
AUG23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY
AUG23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY
JUN23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY
JUL23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY
AUG23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY
AUG23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY

SKATE PARK PLAQUES FOR DONORS PLAZA
WASH & FOLD LARGE COVER FOR 0. URIBE-MUTAL
08/24/2023
AUGUST 23 BUSINESS CARDS N. BOBROFF
08/24/2023
JUN-JUL23 DOWNTOWN DESIGN OVERLAY PROGRAM SERVICES
FY24 MANAGEMENT OF TOBACCO RETAILER PROGRAM
08/24/2023
AUG23 ELECTRICITY-6145 CARPINTERIA AVE
08/24/2023
SKIDSTEER RENTAL 7 /31/23

TRANSAMERICA EMPLOYEE BENEFITS
Invoice
Credit Memo
Invoice

TRI-CO REPROGRAPHICS
Invoice
Invoice
Invoice
Invoice
Invoice
AUG23 EMPLOYEE PREMIUMS

RECON CORRECTION
UNDERPAYMENT OF L. ESPARZA ON JUN22 BILL
08/24/2023
SCANNING SMALL FORMAT, FILE RENAME 8/10/23
SCANNING SMALL FORMAT, FILE RENAME 8/10/23
SCANNING COLOR, PDF EXTRACT, BIND REBIND 8/11/23
SCANNING COLOR, PDF EXTRACT, BIND REBIND 8/11/23
SCANNING COLOR, PDF EXTRACT, BIND REBIND 8/11/23

VITAL RECORDS CONTROL
Invoice
Invoice
Invoice
Credit Memo

WILLIAM WOOD
Invoice

YASHICA DIAZ
Invoice
08/24/2023
08/24/2023
08/24/2023
08/24/2023
08/24/2023
JUL23 CONTRACTED SHREDDING SERVICES
WAXIE SANITARY SUPPLY 08/24/2023

BATH TISSUE, HAND SOAP, TRASH BAGS

TRASH BAGS

TRASH BAGS - RETURNED
08/24/2023
PROJECT PL-21-2108 CLOSE OUT
08/24/2023
VETS HALL EVENT 7/22/23 DEPOSIT REFUND
431.00 101986

22.50 101987

49.05 101988
2,793.75 101989
5,685.00 101990

35.10 101991
430.00 101992
622. 70 101993
145.33 101994

63.50 101995
2,662.71 101996
207.21 101997
250.50 101998
AMAZON CAPITAL SERVICES INC 08/31/2023 1,267.68 101999
Invoice
Invoice
Invoice
Invoice
Invoice

BOOKS FOR LIBRARY

SUPPLIES FOR SKATE PARK OPENING

ENVELOPES FOR OFFICE

BOOKS FOR LIBRARY
ANIMAL MEDICAL CLINIC 08/31/2023 40.00 102000

Page 3 ends

Invoice JUL23 DOG LICENSING ISSUANCE
IN2827141
BASIC
Invoice
08/31/2023 116.84 102001
AUG23 MONTHLY FSA ADMIN FEE
BIG GREEN CLEANING COMPANY 08/31/2023 375.00 102002
Invoice

BOB TRAUTZ
Invoice
85377
85408
85496
85611
CANNON
Invoice
Invoice
Invoice
Invoice
CREEK PARK HOMELESS ENCAMPMENT CLEANUP 7/17/23
08/31/2023
AUG23 SKATE PARK SAFETY SIGN INSTALL
08/31/2023
JUL23 VENOCO PIPELINE ABANDONMENT
JUL23 DESIGN SERVICES-700 LINDEN AVE
JUL23 DESIGN SVCS FOR 2022 PAVEMENT REHABILITATION

FEMA CRS APPLICATION SERVICES
CARPINTERIA VALLEY LUMBER CO 08/31/2023
515!:i 76
515955
516277
516456
516457
516599
Invoice
Invoice
Invoice
Invoice
Credit Memo
Invoice
CLEAN HARBORS ENVIRONMENTAL SERVICES 08/31/2023
1004710139 Invoice

COASTAL VIEW NEWS
Invoice
Invoice

MATERIAL FOR EXTENSION CORD REPAIR

MASKING TAPE, HARDWARE FOR VETS HALL

ANT KILLER, BATTERIES

POTTING SOIL, PLIERS FOR LIBRARY
POTTING SOIi FOR LIBRARY RETURNED

PAINT SPRAYER CLEANING SUPPLIES
BATTERY PACKING & UW SHIPMENT 7/21/23
08/31/2023
CREEK AD 8/3/23
ABOP AD 8/10/23
COUNTY SANITATION COMPANY INC STEWARTS & SELZER PLUM Bl 08/31/2023 Invoice HYDRO JETTING@ EL CARRO PARK 8/8/23
Invoice HYDRO JETTING@ VIOLA FIELDS 8/8/23
DCME INC.

Invoice
INV0004860

ELIZABETH ESTRADA
Invoice
08/31/2023
JUL23 INSPECTIONS & MANAGEMENT-SKATE PARK
08/31/2023
VETS HALL EVENT 8/12/23 REFUND
FLOWERS & ASSOCIATES INC 08/31/2023
Invoice
150001718

GRACE NOTE
Invoice
9795978296
9798970621

GRAINGER
Invoice
Invoice
JUL23 ENGINEERING SERVICES FOR PALM X CARP AVE
08/31/2023
AUG23 LISTING DISTRIBUTION SERVICE
08/31/2023

FILTER FOR POOL, PAPER TOWEL DISPENSER VETS HALL

DIAMOND WHEEL FLANGE, WRENCH, FLANGE NUT FOR SHOP
LIEBERT CASSIDY WHITMORE 08/31/2023
242720-WARRANT
245078-WARRANT
246998-WARRANT
247138
Invoice
Invoice
Invoice
Invoice

MARBORG INDUSTRIES
Invoice

MCCORMIX CORP
Invoice
PROFESSIONAL LEGAL SERVICES THROUGH 5/31/23
PROFESSIONAL LEGAL SERVICES THROUGH 6/30/23
PROFESSIONAL LEGAL SERVICES THROUGH 6/30/23
PROFESSIONAL LEGAL SERVICES THROUGH 7 /31/23
08/31/2023
AUG23 RENT PORTABLE RESTROOMS@ PARKING LOT 1
08/31/2023

FUEL FOR CITY VEHICLES
3,000.00 102003
77,138.45 102004
202.75 102005
940.90 102006
692.00 102007
970.00 102008
15,302.10 102009
300.00 102010
398.00 102011

73.45 102012
180.78 102013
33,164.13 102014
901.20 102015
239.51 102016
MISSION UNIFORM SERVICE 08/31/2023 787.67 102017
519627254
:i1!:J8UL48L
519802483
519844583
519844585
519886831
519886832
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
MAT REPLACEMENT, UNIFORM CLEANING 7/10/23
MAT REPLACEMENT, UNIFORM CLEANING 8/7/23
TOWEL & MAT REPLACEMENT-CITY HALL 8/7/23
MAT REPLACEMENT, UNIFORM CLEANING 8/14/23
TOWEL & MAT REPLACEMENT-CITY HALL 8/14/23
MAT REPLACEMENT, UNIFORM CLEANING 8/21/23
TOWEL & MAT REPLACEMENT-CITY HALL 8/21/23
Page4
INV0004881

MISSIONSQUARE
Invoice

NGU DRONE PHOTOGRAPHY LLC
Invoice 7/19/23 DRONE VIDEO SERVICES
2911-01-0723

RRM DESIGN GROUP
Invoice
SANTA BARBARA SWIM CLUB 08/31/2023
INV0004865 Invoice
38333503
388333498
388333499
388333502
388333504
388333505
388333506
388333507
388333508
388333509
388333510
388333511
388333512
388333513
388333514
388333549
388333550
388333551
388333552
388333553
388333554
388333555
388333556
388333557
388333558
388333559
388333560
388333561
388333562

SHOWSCAPES
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
**Void**
AUG23 SWIM MEET ENTRY FEES SBSC NOVICE
08/31/2023
IRRIGATION REPAIR HEATH RANCH PARK 6/28/23
LANDSCAPE PLANTS AT MONTE VISTA PARK 7/5/23
LANDSCAPE PLANTS AT CITY HALL 7/5/23
IRRIGATION REPAIR EL CARRO PARK 6/28/23
IRRIGATION REPAIR DOWNTOWN T 7/7/23
IRRIGATION REPAIR DOWNTOWN T 7/7/23
IRRIGATION REPAIR AT HEATH RANCH PARK 7/7/23
IRRIGATION REPAIR DOWNTOWN T 7/7/23
IRRIGATION REPAIR AT VIOLA PARK 7/11/23
IRRIGATION REPAIR DOWNTOWN T 7/11/23
IRRIGATION REPAIR AT FRANKLIN PARK 7/11/23
IRRIGATION REPAIR AT AMTRAK PARKING LOT 7/14/23
IRRIGATION REPAIR AT EL CARRO PARK 7/10/23
IRRIGATION REPAIR AT FRANKLIN PARK 8/8/23
IRRIGATION REPAIR AT MONTE VISTA PARK 8/8/23
IRRIGATION REPAIR AMTRAK PARKING LOT 5/19/23
IRRIGATION REPAIR AMTRAK PARKING LOT 5/19/23
IRRIGATION REPAIR TOMO PARK 6/8/23
IRRIGATION REPAIR VIOLA PARK 5/26/23
IRRIGATION REPAIR AMTRAK PARKING LOT 4/19/23
IRRIGATION REPAIR EL CARRO PARK 4/14/23
IRRIGATION REPAIR MONTE VISTA PARK 4/13/23
IRRIGATION REPAIR EL CARRO PARK 4/19/23
IRRIGATION REPAIR LINDEN @ WULLBRANDT 5/10/23
IRRIGATION REPAIR EL CARRO PARK 5/11/23
IRRIGATION REPAIR VIOLA PARK 5/10/23
IRRIGATION REPAIR DOWNTOWN T (LINDEN) 5/8/23
IRRIGATION REPAIR EL CARRO PARK 5/8/23
IRRIGATION REPAIR MONTE VISTA PARK 5/5/23
08/31/2023

SITEONE LANDSCAPE SUPPLY (ALL AROUND)
133141189-001 Invoice
AUG23 700291369452
3544564685

SO CA EDISON
Invoice

STAPLES ADVANTAGE
Invoice
08/31/2023
FY24 DEFERRED COMPENSATION AGREEMENT D. DURFLINGER
08/31/2023
JUL23 DESIGN SERVICES FOR FRANKLIN CREEK TRAIL IMP

GARDEN HOE ALUMINUM HANDLES FOR PUBLIC WORKS
08/31/2023
AUG23 ELECTRICITY-MULTIPLE LOCATIONS
08/31/2023
4 CASES COPY PAPER 8/8/23
SWEEPING CORP OF AMERICA 08/31/2023
Invoice JUL23 STREET SWEEPING SERVICE

THE FLAG FACTORY
Invoice FLAGS FOR LIFEGUARD TOWER

TRAFFIC TECHNOLOGIES LLC
08/31/2023
08/31/2023
08/31/2023
08/31/2023
Invoice
Invoice
4-SKATE PARK PARKING SIGNS
2-STREETS SIGN - STEEL PLATES AHEAD
TWO TRUMPETS COMMUNICATIONS 08/31/2023
Invoice JUL23 COMMUNICATIONS SERVICES
UNITED STATES LIFESAVING ASSOCIATION 08/31/2023
Invoice
91223895

WEX BANK (CHEVRON)
Invoice
FALL 2023 USLA CERTIFICATION FOR BEACH LIFEGUARDS
08/31/2023
AUG23 FUEL FOR CITY VEHICLES
12,417.40 102018
575.00 102019
21,756.00 102020
948.12 102021
11,454.00 102022
102023

76.93 102024
9,658.03 102025
193.98 102026
18,239.07 102027
589.84 102028
281.87 102029
5,550.00 102030
500.00 102031
1,517.65 102032

Page 5 ends

WILLIAMS SCOTSMAN INC. 08/31/2023 447.90 102033
9018522663 Invoice AUG23 LEASE FOR PARK & REC MOBILE OFFICE JAYNE DIAZ 08/31/2023 691.61 102034
INV0004861 Invoice SEP23 MEDICAL REIMBURSEMENT
LARRY DRIGGERS 08/31/2023 691.61 102035
INV0004862 Invoice SEP23 MEDICAL REIMBURSEMENT
MARY ANN COLSON 08/31/2023 691.61 102036
INV0004863 Invoice SEP23 MEDICAL REIMBURSEMENT
DORRANCE WAY GROUP LLC 08/31/2023 1,618.98 102037
INV0004886 Invoice RELEASE OF LANDSCAPE BOND
HABITAT FOR HUMANITY 08/31/2023 527.79 102038
INV0004882 Invoice RELEASE OF LANDSCAPE BOND
MBJ HOMES INC 08/31/2023 1,618.98 102039
INV0004883 Invoice RELEASE OF LANDSCAPE BOND
INV0004884 Invoice RELEASE OF LANDSCAPE BOND
INV0004885 Invoice RELEASE OF LANDSCAPE BOND
Cal PERS 08/31/2023 1,050.00 DFT0003118
100000017250950-ACH Invoice FEES FOR GASB-68 REPORTS & SCHEDULES Cal PERS 08/24/2023 249.12 DFT0003120
FY23-24 RETRO-SG, MR Invoice FY23-24 RETRO CONTRIBUTIONS-S. GOGGIA & M. ROBERTS Cal PERS 08/24/2023 17,470.32 DFT0003121
08L05L23-08Ll8L23 CLASSIC Invoice CLASSIC RETIREMENT 08/05/23-08/18/23 PRl 7 Cal PERS 08/24/2023 8,039.67 DFT0003122
08LOSL23-08Ll8L23 PEPRA Invoice PEPRA RETIREMENT 08/05/23-08/18/23 PR17 INTERNAL REVENUE SERVICE 08/24/2023 31,951.50 DFT0003123 PR17 08L24L23 Invoice PR17 08/24/23 FEDERAL TAX PAYMENT EDD-SDI 08/24/2023 1,835.58 DFT0003124
PR17 08L24L23 Invoice PR17 08/24/23 SDI TAXES
EDD-SIT 08/24/2023 9,849.40 DFT0003125
PR17 08L24L23 Invoice PRl 7 08/24/23 SIT TAXES

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City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 11, 2023

ITEM FOR COUNCIL CONSIDERATION
Request to Waive Accrued Interest on the Property Lien at 4745 Carpinteria Avenue

STAFF RECOMMENDATION
Deny the request to waive accrued interest in the amount of $8,469.38 on the property lien at 4745 Carpinteria Avenue.

Sample Motion: I move to deny the request to waive accrued interest in the amount of $8,469.38 on the property lien at 4745 Carpinteria Avenue.

BACKGROUND
On November 24, 1980, the City Council adopted Resolution No. 1075 (Attachment A), establishing an interim sidewalk construction policy which would remain in effect until November 24, 1981. The policy applied provisions of Streets and Highways Code Sections 5870 through 5895.1 in the construction of sidewalks and curbs and stated that it was desirable that adjacent property owners, whenever possible, fully participate in the construction of sidewalks and other improvements which benefit their property.

On July 27, 1981, the City Council adopted Resolution No. 1141 (Attachment B), making findings on its own motion to construct certain public improvements, overruling protests and ordering the construction of curbs, gutters, sidewalks and pave-out on the south side of Carpinteria Avenue from Holly Avenue to 250 feet west of Seventh Street. Notice was given of the time and place to hear protests and objections to the proposed improvements in the manner provided by law and the owners of properties abutting the project were noticed by direct mail and invited to comment. The work was completed on June 20, 1983.

On July 25, 1983, the City Council adopted Resolution No. 1334 (Attachment C), confirming the report of the City Manager for the cost of constructing the above mentioned public improvements and levying a special assessment for a proportionate share of the cost of the construction upon the abutting properties. Pursuant to State law, the report of the City Manager was published in the Carpinteria Herald and mailed to each affected property owner of record on July 1, 1983.

Request to Waive Interest on Property Lien at 4745 Carpinteria Avenue September 11, 2023

Page 2 ends

Streets and Highways Code Section 5890 states that if an assessment is not paid within five days after its confirmation by the legislative body (City Council), the assessment shall become a lien on the property from the time of recordation of the Notice of Lien and continue until the assessment and all interest thereon is paid, or until it is discharged of record.

Pursuant the terms of Resolution No. 1334 and applicable state law, the City Manager was directed to take such steps as necessary to place a special assessment lien against those properties that failed to timely complete payment. There were a few property owners, including the owner of 4745 Carpinteria Avenue, that did not pay the special assessment and the City Manager recorded a Notice of Lien for those properties in September 1983.

The current property owner of 4745 Carpinteria Avenue, John P. Lizarraga (who describes himself as the son of the property owner initially assessed in 1983), was made aware through the sale of the property, which is currently underway, that a lien against the property in the amount of $3,527.70 exists. The lien also includes a 6% interest per year from September 1, 1983 until the lien has been paid in full. Streets and Highways Code Section 5891 specifies the interest rate shall not exceed 6% per year. The lien was recorded as Instrument No. 83-49182 (Attachment D). The accrued interest has been calculated at $8,469.38, for a total payment of $11,997.08. The City submitted a Demand to Pay In Full to the escrow company in August 2023.

On August 18, 2023, Mr. Lizarraga sent the City a letter requesting the interest be waived (see Attachment E). Mayor Clark has approved placing Mr. Lizarraga's request on the September 11th Council agenda and Mr. Lizarraga has been notified of this Council meeting date for consideration of the request. Escrow closed on the property on September 6, 2023 and the accrued interest has been calculated at $8,469.38, for a total payment of $11,997.08.

The purpose of this agenda matter is for the Council to consider Mr. Lizarraga's request to waive the accrued interest on the property lien at 4745 Carpinteria Avenue.

DISCUSSION
The City has no record of this property lien being paid nor has Mr. Lizarraga provided proof of payment. In his letter, Mr. Lizarraga's claims that neither he nor his family received notice of the property lien and he is requesting the accrued interest be waived. The following evidence supports the City's position that Mr. Lizarraga and his predecessors received adequate notice:

Resolution No. 1141 where the City Council made findings on its own motion to construct certain public improvements, overruling protests and ordering the work done on the south side of Carpinteria Avenue from Holly Avenue to 250 feet west of Seventh Street, states that notice was given of the time and place to hear protests and objections to the proposed improvements in the manner provided by law and that the affected property owners were noticed and invited to comment on this matter.

G:\CC Staff Reports\2023 0911\Final\4745 Carpinteria Ave Request ot Waive Lien lnterest\4745 Carpinteria Ave. Request to Waive lnterest(26020657.1) - FINAL.docx Request to Waive Interest on Property Lien at 4745 Carpinteria Avenue September 11, 2023

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Resolution No. 1334 which confirmed the report of the City Manager for the cost of constructing the public improvements and levying a special assessment for a proportionate share of the cost of construction upon the abutting properties, states that the report of the City Manager was published in the Carpinteria Herald and mailed to each affected property owner of record on July 1, 1983.

In addition, the recorded Notice of Lien includes a stamp noting that the lien notice was mailed to the debtor (property owner). Staff contacted the County Recorder's Office to see if the County had mailed the notice to the debtor. The County Recorder's Office noted that they would only mail the notice to the debtor if it was requested and it appears the City did request the County mail the Notice of Lien to the debtor. Street and Highway Code section 5892 further states that "[f]rom and after the recording of a notice of lien, all persons shall be deemed to have had notice of the contents thereof."
In light of the stated facts and applicable law, Mr. Lizarraga and his successors had sufficient notice of the lien. Therefore, staff recommends the City Council deny the request to waive the accrued interest on the property lien at 4745 Carpinteria Avenue.

POLICY CONSISTENCY
The proceedings and actions listed in this report are in accordance with Streets and Highways Code Sections 5870 through 5895.1. The City Council has full discretion in whether or not to waive the accrued interest on a property lien.

FINANCIAL CONSIDERATIONS
The amount the City is owed is to cover the initial unpaid capital costs and interest accrued due to the lost revenue. Effectively, non-payment by the property owner served as a City loan to the owner for the cost of the improvements. Not paying interest on the loan would likely constitute a gift of public funds contrary to Section 6 of Article XVI of the California Constitution. With that said, should the Council approve Mr. Lizarraga's request to waive the accrued interest, the City would refund Mr. Lizarraga $8,469.38 of accrued interest and the City would only receive the original lien amount of $3,527.70 which would be applied to General Fund revenue.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City followed all procedural requirements spelled out in the Streets and Highways Code Sections 5870 through 5895.1. There are no risk management considerations presented with this report. Waiver of the accrued interest may create a risk of legal challenge on the basis that the Council's action constituted a gift of public funds.

OPTIONS

1. Deny the request to waive accrued interest in the amount of $8,469.38 on the property lien at 4745 Carpinteria Avenue. (Staff Recommendation)

2. Approve the request to waive accrued interest in the amount of $8,469.38 on the property lien at 4745 Carpinteria Avenue.

3. Take no action and direct staff as appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
Mr. John P. Lizarraga and/or representatives.

ATTACHMENTS
Attachment A:

Attachment B:

Attachment C:

Attachment D:

Attachment E:

Resolution No. 1075
Resolution No. 1141
Resolution No. 1334
Recorded Notice of Lien (Instrument No. 83-49182)
Request to Waive Accrued Interest on Property Lien for 4745 Carpinteria Avenue
Staff contact: Brian C. Barrett, City Clerk
(805) 755-4403; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\CC Staff Reports\2023 0911\Final\4745 Carpinteria Ave Request ot Waive Lien lnterest\4745 Carpinteria Ave. Request to Waive lnterest(26020657.1) - FINAL.docx Request to Waive Interest on Property Lien at 4745 Carpinteria Avenue September 11, 2023

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ATTACHMENT A
Resolution No. 1075
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G:\CC Staff Reports\2023 0911\Final\4745 Carpinteria Ave Request ot Waive Lien lnterest\4745 Carpinteria Ave. Request to Waive lnterest(26020657.1) - FINAL.docx RESOLUTION NO. 1075

A RESOLUTION OF THE CARPINTERIA CITY COUNCIL

ESTABLISHING AN INTERIM SIDEWALK

CONSTRUCTION POLICY
: WHEREAS, the need for sidewalks as a safety measure is an established city policy pursuant to Section 15.16.100 of the Carpinteria Municip~l Code; and . WHEREAS, sidewalks, as defined in Section 5600 et. seq. of the ~treets and Highways Code include curbs, gutters and parkways as well ~s sidewalks; and
;
' WHEREAS, said improvements add to the value of adjacent public property providing a safe walkway, assist in control of storm waters and improve the ability to keep such areas clean; and
' WHEREAS, Streets and Highways Code Sections 5870 through ~895,1 provide a means of constructing such sidewalks; and WHEREAS, with limited public funding, it is desirable that ~djacent property owners, wherever possible, fully participate in ~he construction of sidewalks and other improvements which benefit ~heir property.

NOW, THEREFORE, the Carpinteria City Council hereby resolves that it shall be the policy of the City to apply the provisions of California Streets and Highways Code Sections 5870 through 5895.1 in the construction of sidewalks and curbs unless otherwise determined ~Y the City Council,
RESOLVED FURTHER, that this policy will remain in effect until rovember 24, 1981.

PASSED, APPROVED AND ADOPTED this 24th day of November, 1980, py the following called vote:

AYES:

NOES:
!ABSENT:

COUNCILMEMBER: ORGANISTA, LEWIS, LAWRENCE, WULLBRANDT,

FUKASAWA
COUNCILMEMBER: NONE
COUNCILMEMBER: NONE
_Mayor~ ~ity of Carpinteria
jATTEST:
i AA ·~:;,;
i ~~ . JCity Clerk, c'ityc>Carpinteria
:I hereby certify that the foregoing Resolution was duly and regularly !introduced and adoDted at a regular meeting of the City Council of !the City of Carpinteria held the 24th day of November, 1980. · !iROVED AS..,,TID_· _F_o_R_M_: _....._-==
i _ _RC&f:-
Carpinteria
i ty Attorney
I
Request to Waive Interest on Property Lien at 4745 Carpinteria Avenue September 11, 2023

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ATTACHMENT B
Resolution No. 1141
G:\CC Staff Reports\2023 0911\Final\4745 Carpinteria Ave Request ot Waive Lien lnterest\4745 Carpinteria Ave. Request to Waive lnterest(26020657.1) - FINAL.docx Request to Waive Interest on Property Lien at 4745 Carpinteria Avenue September 11, 2023

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RESOLUTION NO. 1141

A RESOLUTION OF THE CARPINTERIA CITY COUNCIL

MAKING FINDINGS ON ITS OWN MOTION TO CONSTRUCT

CERI'AIN PUBLIC IMPROVEMENTS, OVERRULING PROIESTS

AND ORDERING THE WORK DONE (SOUTH SIDE OF CARPINTERIA
AVENUE, HOILY AVENUE TO 250 FEET WEST OF 7TH STREET)
WHEREAS, in accordance with City Council Resolution No .. 1075 and California Streets and Highways Code Sections 5870 through 5895.1 (as amended) the Carpinteria City Council, on its own motion, requested construction of curbs, gutters, sidewalks and pave-out along the south side of Carpinteria Avenue from Holly Avenue to a point approximately 250 feet west of 7th Street; and
WHEREAS, notice was given of the time and place to hear protests and objections to the proposed improvements in the manner provided by law, as appears from the affidavits and certificates on file in the office of the City Clerk; and
WHEREAS, said matter came on regularly for hearing at the time therein fixed; and
WHEREAS, all written protests and other written conmunications were publicly read at said meeting and all persons desiring to be heard were fully heard; and
WHEREAS, the affected property owners have been noticed and invited to comment on this matter.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOILOWS:

1. That the City Council finds that these proceedings have been held pursuant to Sections 5870-5895.1 of the California Streets and Highways Code and Carpinteria City Council Resolution No. 1075.

2. That the designation of the south side of Carpinteria Avenue between Holly Avenue and Reynolds Avenue, a distance .of approximately 1487 feet, shall constitute one block; and the south side 'or Carpinteria Avenue between Reynolds Avenue and Seventh Street, a distance of approximately 230 feet shall constitute a block; and the south side of Carpinteria Avenue between 7th Street and Sandyland Cove Road shall constitute a block by the Superintendent of Streets is hereby ratified and approved.

3. That as a result of the proposed FAU project, more than 50% of each block will be improved with curb, gutter and sidewalk.

4. That the required notice was served and posted as required by law.

5. That the public convenience and necessity requires the installation of such improvements along the frontage of the south side of Carpinteria Avenue between Holly Avenue and approximately 250 feet west of 7th Street.

6. That protests against said improvements were not signed by the required number of owners of the lands to be assessed for the costs and expenses of said work.

7. That said protests be, and each of them are hereby, overruled. --~-----~--··---de"'·.--· ·--- . ., .. '--'--'--'----'----"-.,__~~· .. ~-~~-~-~~- ·--~-- . ~~~-~~"---~ .... ·. ~.·, -4..!~'t';t$;..,., •. ~--·--;-·.-·· ····:. •,•'·;,•;~_"!''4.~.-- .·,, ... ':• ...... - ........ ~· .. ,,., -~- •••.• ';-,•,-, .- •... ·--~- .... -~ ... --.· •. ·•_ .... .-.... ...-.,.•, RESOLUTION NO. 1141
PAGE 2

8. That the proposed improvements specifically construction of curbs, gutters, sidewalks, driveways, paveout and related work, is hereby ordered to be done pursuant to City Council Resolution No. 1075,
PASSED, APPnOVED AND ADOPTED thls 27th day of July, 198],, by the following called vote,
AYES:

NOES:

ABSENT:

COUNCII.MElVIB ER: ORGANISTA, IEWIS, LAWRENCE, WULLBRANDT,

FUKASAWA
COUNCIL.MEMBER: NONE
COUNCII.MEMBER: NONE
CitY- .. ?f Carp" eria
\I·. , . • .'. \,
I hereby•certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the 27th day of July, 1981.
interia
APPROVED AS TO FORM: I ·
. --
it
,
y
-
At
!?
torn
.~
ey . _
Request to Waive Interest on Property Lien at 4745 Carpinteria Avenue September 11, 2023

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ATTACHMENT C
Resolution No. 1334
G:\CC Staff Reports\2023 0911\Final\4745 Carpinteria Ave Request ot Waive Lien lnterest\4745 Carpinteria Ave. Request to Waive lnterest(26020657.1) - FINAL.docx Request to Waive Interest on Property Lien at 4745 Carpinteria Avenue September 11, 2023

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A RESOLUTION OF THE CARPINTERIA CITY COUNCIL

CONFIRMING THE REPORT OF THE CITY MANAGER FOR

THE COST OF CONSTRUCTING CERTAIN PUBLIC IMPROVEMENTS

ON THE SOUTH SIDE OF CARPINTERIA AVENUE BETWEEN
HOLLY AVENUE AND 250 FEET WEST OF SEVENTH STREET

AND LEVYING A SPECIAL ASSESSMENT FOR A PROPORTIONATE

SHARE OF THE COST OF CONSTRUCTION OF SAID IMPROVEMENTS

UPON THE ABUTTING PROPERTIES
WHEREAS, pursuant to Resolution No. 1141, relating to Carpinteria Avenue between Holly Avenue and 250 feet west of Seventh Street udopted July 27, 1981, certain public improvements were ordered to be constructed; and WHEREAS, said improvements were constructed by the City pursuant to a contract with the County of Santa Barbara, said construction completed on June 20, 1983; an_d
WHEREAS, pursuant to the above referenced resolutions and The Improvement Act of 1911 of the State of California, the City Manager, as the Street Superintendent, has prepared a report of the cost of said public improvements attached hereto a Exhibit "A"; and
WHEREAS, pursuant to law said report has been published in the Carpinteria Herald and mailed to each affected property owner of record on July 1, 1983, and a public hearing before the City Council was set for Monday, July 25, 1983 at 7:30 P.M.; and
WHEREAS, said public .hearing was opened and all interested parties were heard and their comments duly noted by the Council; and WHEREAS, this City Council has considered all available information relating to these matters.

NOW, THEREFORE, the Carpinteria City Council hereby resolves as f'o l l ows:

1. That the Report of the City Manager relating to the cost of the subject improvements and proposed assessments as attached hereto as "Exhibit A", and as modified or corrected during this public hearing, is hereby approved and confirmed.

2. That if said assessments are not paid in full in accordance with law, the City Manager is directed to take such steps as necessary to place a special assessment lien against those properties until the special assessment has been paid in full.

PASSED, APPROVED AND ADOPTED this 25th day of July, 1983, by the following called to vote.

AYES: COUNCILMEMBER: uurs, LAWRENCE, WULLBRANDT, BRELAND, FIJKI\SA\'IA NOES:

ABSENT:

COUNCILMEMBER: NONE
COUNCILMEMBER: NONE
I
J
RESOLUTION NO. 1334
PAGE 2
ATTEST:
c1ty c,{j.~c~
I hereby cert t fy that the foregoing resolution was duly and regularly introducrcl and adopted at a regular meeting of the City Council of the City of Carpinteria held the 25th day of July, 1983.

City Cl~ter1a
APPROVED AS TO FORM:

CITY OF CARPINTERIA

CARPINTERIA AVENUE FAU PROJECT

ASSESSMENT DATA
7/25/83
Assessor's
Front footage
affected by
Parcel# Listed Owner Project $21.38/FF
3-230-11 Carp. Union School Exempt 0
Dist.
3-241-01 M. Trevillian Exempt 0
ROW City 65
3-242-33 A.M. & P. Toye 125 $ 2,672.50
3-242-0,2 J. Shaw, et al 108 2,309.04
3-242-03 R.G. & L. Price 162 3,463.56
3-242-26 J.I. & C. Escareno 54 1,154.52
3-242-25 J.E. Dominguez, et al 54 1,154.52
3-242-05 R. & R. Garibay 54 l, 154.52
3-242-28 D. Goldman Assoc. 54 1,154.52
3-242-27 D. Goldman Assoc. 54 1,154.52
3-242-29 D. Goldman Assoc. 54 1,154.52
3-242-07 M. & C. Ranjel 55 l, 175.90
3-242-32 Arbor Investment Co. 242 5,173.96
3-251-21 J.P. & P. Lizarraga 165 3,527.70
3-251-17 J. & E. Gonza 1 es 51 l ,090. 38
3-251-06 G. Shi pman/T. Upton 51 1,090.38
3-251-02 A. & M. Avila 50 l ,069 .00
3-251-03 J. Mora 1 es 57 1,218.66
TOTAL l ,3':.G Ff.€ i.. 529,718.20
PERCEtH OF CITY COST ... ~
PERCENT OF TOTAL COST "(', t,
H,l,C.
:: ·'· ~~; ~-: ! ~
Request to Waive Interest on Property Lien at 4745 Carpinteria Avenue September 11, 2023

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ATTACHMENT D
Recorded Notice of Lien (Instrument No. 83-49182)
G:\CC Staff Reports\2023 0911\Final\4745 Carpinteria Ave Request ot Waive Lien lnterest\4745 Carpinteria Ave. Request to Waive lnterest(26020657.1) - FINAL.docx Request to Waive Interest on Property Lien at 4745 Carpinteria Avenue September 11, 2023

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AND WHEN RECORDED MAIL TO
City of Carpfnterl~
5775 Carpinteria Avenue
Carpinteria, CA 93013
NO FEE REQUIRED PER GOVERNMENT CODE 6103
CITY OF CARP!N-rERIA
5775 CARPINTERIA AVENUE
CARPINTERIA, CALIFORNIA 93013

NOTICE OF LIEN
Pursuant to the authority vested 1n me by the Improvement Act of 1911, I did, on the _l_s_t __ day of February
~9182
St, 15 3 43 ,H '83
O}"flCIAL N!Co~o,
SAH1A 8ARURA 13 CALi, im~11~irmt~ .
''/ 1--,/;:;
, 19~, cause th~ sidewalk or
curb to be constructed, and t.he City Counc11 of the City of Carp1nteria dfd, on the 25th day of July , 19_!!_, by Resolution No. ~L assess t~e cost of such construction upon the real property herinafter dP.scrfbed, and the same has ,at been paid nor any part thereof, a~1 the safd City of Carpinteria does hereby claim a lien on said real property in the sumo' Three Thousand Five Hundred Twenty-seven and 70/100 • •dollars ($ 3,527_.:I.Q_ _), and the same shall be a lien upon sa1d real property. unt11 the safd sum, with interest at the rate of six percent (6%) per annurn from the 1st day of _S...;e"'-p-'-te_m_b_e_r , 19~, has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien 1s claimed, is that certain piece or parcel of land lying and being in the City of Carpinteria, the County of Santa Barbara, State of California,. and part le• ularly descr1bed as follows, to wit:

I
*
Assessor's P3rce1 No. 3-251-21
Street Address: 4745 Carpinteria Avenue, C3rpinteria, CA 93~13 Property Owners: John P, and ratricia L, L1zarraya
403 South M Str~et
Lompoc, CA 934J6
Dated this __ 1_2_t_h_ day of ~m...;b;.;;e ... ,•__ , 19~ • ,'' ·','. '. i'.'
• uperin en ent ~ s~
··-···----------- ;;:;
Ci
Non-Order Search
Doc: CASANT:1983 00049182

Page 1 of 1 ends

Request to Waive Interest on Property Lien at 4745 Carpinteria Avenue September 11, 2023

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ATTACHMENT E
Request to Waive Accrued Interest on Property Lien for 4745 Carpinteria Avenue G:\CC Staff Reports\2023 0911\Final\4745 Carpinteria Ave Request ot Waive Lien lnterest\4745 Carpinteria Ave. Request to Waive lnterest(26020657.1) - FINAL.docx Request to Waive Interest on Property Lien at 4745 Carpinteria Avenue September 11, 2023

Page 14 ends

Carpinteria, CA 93013
Re: 4745 Carpinteria Ave., Carpinteria, CA 93013
Assessor's Parcel No. 3/251-21
To whom it may concern:

My family and I have recently been made aware from our real estate agent, of a lien that that was filed on the property listed above, during the sale of this property (in process). The lien against the property is in the amount of $3,527.70 for sidewalk improvements done in 1983, 40 years ago.

We have no record of this charge and have never been contacted by the City of Carpinteria prior to this date regarding this charge. This property was inherited, due to the passing of our father in December of 2021.

It is very unlikely that my father did not pay this bill or that I was not aware of this, being a working partner in our family business. It seems unusual that the City of Carpinteria would not have notified his business or him personally over the years regarding this outstanding bill. Please understand we have been unable to find a cancelled check or receipt for this payment being 40 years ago.

I realize that having no proof of payment puts us in a position of responsibility to pay the original amount of $3,527.70, which I am willing to pay. With all due respect I feel charging a 6% interest on these charges is unreasonable. We have never received any notice of these charges, by mail, certified or otherwise and would like to see proof by your records that this took place.

I have attempted to discuss this matter with your city clerk Brian Barrett and his supervisor Licette Maldonado, Administrative Services Director, discussion, and investigation is still in progress.

Please contact me and let me know what your next step may be to assisting with this situation.

Respectfully,
John P. Lizarraga
1401 NO STREET LOMPOC, CA 93436 805-736-6511
City of Carpinteria
Councr- Aceruol Srarr Reponr
September 11,2023

ITEM FOR COUNCIL CONSIDERATION
Fifth Amendment to Lease with Chevron U.S.A., lnc. for Submerged Pipelines Serving Platforms Gail and Grace, in City Submerged Lands.

STAFF RECOMMENDATION
Authorization for the Mayor to execute the Fifth Amendment to the Lease Agreement between the City of Carpinteria and Chevron, that leases the City's submerged lands for two existing submerged oil and gas pipelines to Chevron and extends the term of that lease three (3) years until September 26,2026, in order to facilitate Chevron's decommissioning activities, including plugging and abandonment of offshore wells and facilities associated with Platforms Gail and Grace.

Sample Motion: I move to authorize the Mayor to approve and execute the proposed Fifth Amendment to the Lease Agreement between the City of Carpinteria and Chevron (Requires a roll callvote.)

BACKGROUND
ln 1965, the County granted a SO-year Lease to Standard Oil Company of California allowing the installation and operation of two 10- inch pipelines through the threemile area of submerged lands within state waters for the transportation of oil and gas from offshore platforms to the Carpinteria onshore processing facility (Pipeline Lease). The Pipeline Lease provides a SO-foot wide corridor for the pipelines. ln 1968, the City of Carpinteria (City) annexed a two-mile portion of the submerged lands that were previously controlled by the County and was consequently granted authority to administer that two-mile area by the State of California to be held in trust for the public. The County retains jurisdiction over the third mile of state submerged lands through which the pipelines run.

Chevron USA, lnc. (Chevron) became the successor in interest to Standard Oil and acceded to its rights in the Pipeline Lease. ln or about2OO2, the City approved an assignment of the Pipeline Lease to Ellwood Pipeline, lnc. (Ellwood), a subsidiary of Request for Extension of Lease - Offshore pipeline
September 1,2023
Page2
Venoco, lnc. (Venoco). By approving the First Amendment to the pipeline Lease, the City consented to assignment of all rights and obligations under the pipeline Lease to Ellwood and Venoco.

The SO-year Pipeline Lease was set to expire on Septem ber 27 , 2015. prior to the expiration date, Ellwood submitted a request for a 4O-year extension of the pipeline Lease. Representatives of the City, County, and Etlwood, met on several occasions to discuss various considerations related tb ElMood's request. ln order to allow more time to gather information necessary to consider Ellwood's request for a longterm lease, the Council approved, on September 15,2015, a Second Amendmeni to the Pipeline Lease granting Ellwood an 18-month extension and, on March 13, 2017 , granted an additional 18-month extension by approving the Third Amendment, extending the Pipeline Lease through septembe r 26, 201g.

During the short-term extension periods for the Pipeline Lease, the City's consultant, Robert Brown Engineers (RBE), worked with Ellwood to collect and evaluate information on pipeline integrity, operational safety, and monitoring programs. RBE issued its final report dated December g,2016, finding that the pipelines did not pose an immediate risk of failure. The County also obtained an opinion from the Federal Bureau of Safety and Environmental Enforcement (BSEE) about the integrity of the pipelines. On February 10, 2017 , BSEE stated that the pipelines were regulady inspected and no problems with the pipelines have been shown. BSEE concluded that, based on recent inspection resuits, no remedial action or further analysis was required.

On April 17,2017, Venoco and Ellwood filed for Chapter ll bankruptcy. City staff and the City Attorney monitored the bankruptcy proceedings and titbO two limited objections to protect the City's interests.

Venoco and Ellwood, as debtors in bankruptcy, negotiated a Purchase and Sale Agreement with Chevron whereby Chevron acquired the majority of the assets and properties held by Venoco and Ellwood within the City, including the oil and gas plant site (about 55 acres that includes the Carpinteria Processing Facility 1{ef1;, the Pipeline Lease and the facilities located within the lease areai. Chevion staied that its purpose in acquiring Venoco's assets and properties was to decommission them in accordance with all applicable raws and reguiations. ln 2017, the City Council approved the transfer of the Pipeline Lease from EllwoodA/enoco to Chevron as a part of the transfer of all of the Carpinteria assets to Chevron. The City and Chevron also agreed to an extended pipeline Lease term of 5 years, to September 26,2023.
26022992.1
Request for Extension of Lease - Offshore Pipeline
September 1,2023

Page 3 ends

DISCUSSION
The Pipeline Lease between the City and Chevron accommodates two 10-inch pipelines. The liquids line is currently out of service, and has been flushed, piggedl, and is full of untreated sea water. The gas line conveys natural gas from a SoCalGas service line to Platform Gail to run turbines for power on the platform.

Chevron is preparing for the transition of the Platform from continuous to intermittently manned, at which time Chevron will be putting the gas pipeline out of service as well. Once the gas line is put out of service, Chevron does not anticipate restarting use of the gas line.

The proposed Fifth Amendment to the Pipeline Lease would extend the term of the Pipeline Lease three (3) years, to September 26,2026. This is the period of time Chevron estimates will be necessary to complete the state and federal processes required in order to properly abandon the pipelines. Chevron's decommissioning activities and abandonment of the pipelines will be completed consistent with State and City requirements.

POLICY CONSISTENCY
The purpose of the proposed Fifth Amendment is to extend the Pipeline Lease to Chevron and provide sufficient time for Chevron to properly decommission the oil and gas facilities. ln this context, approval of the proposed Fifth Amendment can be found to be in compliance with the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines for lmplementation of CEQA, Title 14 of the California Code of Regulations, Section 15261(b), "Ongoing Project," 15301, "Existing Facilities," and 15061(bX3), "Review for Exemption." The proposed Notices of Exemption, Attachment C, provides a detailed explanation of the facts and evidence supporting the exemptions.

FI NANCIAL CONSIDERATIONS
Lease payment obligations under the Pipeline Lease would remain unchanged for the extended Lease term or until Chevron elects to terminate the Leases. The current annual Pipeline Lease rate is $41,808.

Concurrently with the execution of this Fifth Amendment, Chevron will pay to the City a non-refundable fee of five thousand dollars ($5,000) to reimburse City for its cost in preparing and processing this Fifth Amendment. Chevron acknowledges that the fee is not applicable against rent or any other charge or fee under the Lease. Chevron acknowledges that City will bill Chevron separately for staff time or costs that exceed this amount.
1 Pipeline "pigging" is the practice of cleaning and/or inspecting pipelines. 26022992.1
Request for Extension of Lease - Offshore pipeline
September 1,2023

Page 4 ends

LEGAL AND RISK MANAGEMENT CONSIDE TIONS
The City is authorized by law to lease tide and submerged lands for terms of up to 6G years. The Pipeline Lease was originally entered into on or about September 27, 1g65, meaning that its cumulative term must expire on or before September 26,2031in order to comply with the maximum term limitation under state law. This Fifth Amendment extends the term of the Pipeline Lease to September 26, 2026, which comports with the maximum term limitation.

Pursuant to amendments to the statutes granting tide and submerged lands to the City (Stats. 1978, Ch.697), approval from the California State Lands Commission is requiied for leases on tide and submerged lands under the City's control. The City has advised State Lands Commission staff that it has received an extension request irom Chevron that is under consideration and will communicate the outcome to the Commission.

OPT oNs

1. Authorize the City Manager to execute the Fifth Amendment to the Lease Agreement with Chevron U.S.A. lnc. (Staff recommendation)

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

PRINCIPAL PARTIES EXPECTED AT MEETING
Kevin Cruz, Land Representative of the West Coast Decommissioning Program for Chevron U.S.A. lnc.

ATTACHMENTS
Attachment A: Fourth Amendment to the Ellwood Pipeline Lease with complete prior lease documents.

Attachment B: CEQA Notices of Exemption - Fourth Amendment Attachment C: Chevron Letter regarding QLS 958021 - Request Extension of Lease dated September 27, 1965 between County of Santa Barbara and Standard Oil Company of California.

Attachment D: Proposed Fifth Amendment to Lease Agreement for Submerged Pipelines Serving Platforms Gail and Grace, in City Submerged Lands, between the City of Carpinteria and Chevron.

Attachment E: CEQA Notices of Exemption - Fifth Amendment 26022992.1
Request for Extension of Lease - Offshore Pipeline
September 1,2023

Page 5 ends

Staff contact: Aida Thau, Management Analyst ll
(805) 7 55-4432; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]
26022992.',|

ATTACHMENT A
CONSENT TO ASSIGNMENT, ASSUMPTION AND PERtr'ORMANCE,
AND FoURTH AMENbMnhtr To LEASE
THIS CONSENT TO ASSIGNIT{ENT, ASSUMPTION AND PERFORMANCE, AND FOURTII AMENDMENT TO LEASE ("Fourtli Amendment") is made on this 4th day of January, 2018, by and between the City of Carpinteria, a general law city ("City'' or "Lessor"), and Chevron U.S.A.Inc., a Pennsylvania Corporation ("Chevron" or "Lessee") (City and Chevron are referred to collectively as "Parties"), with reference to the following facts:

A. In 1931, the State of Califomia pganted to the Cor.rnty of Santa Barbara, in trust, ceftain tidelands and submerged lands extending from Sandyland Point to Rincon Creek; and
On September 27,1965, the County entered into a fifty (50) year Lease Agreement ftereinafter "Lease"; the term oof-ease" shali include ail subsequent amendments described below) with Ellwood's predecessor in interest, Standard Oil Company of Califomia, for a portion of the tidelands and submerged lands, to be used for submerged pipelines and appurtenances; and
C. In 1968, the State of California Legislature adopted Chapter 1044 of the Statutes of 1968 confirming City as the successor in interest to the County in that portion of tide and submerged lands located within City boundaries; and D. As to the Lease, City is the successor in interest to the County and Chewon U.S.A.

Inc. was the successor to Standard Oil Company of Califomia; and E. By that certain Consent to Assignment of Pipeline Leasc and Amendment Thereto between the City and Ellwood, dated January 30,2002 ("First Amendment"), City consented to the assignment of the Lease by Chewon U.S.A. Inc. to Ellwood Pipeline, Inc. ("Ellwood"), and City and Ellwood agreed to a number of amendments to the Lease; and
On or about September 10,2015, City and Ellwood extended the term of the Lease fbr a pcriod of eighteen (18) months, through March 26,201.7 , and on or about March
13,201.7, extended the term for an additional period of eighteen (18) rnonths, tluouglr September 26,2018, in order to determine the fsasibility of a new long-tem: Lcase Agreement;and
G. On or about April 17, 2017, Ellwood filed for Chapter 1 I bankruptcy; and H. Chcvron is seeking to acquire the pipelines that are the subject of the Lease fiom Ellwood tlrough the bankruptcy process, among other oil and gas assets, for the purpose of decommissioning the pipelines and appurtenant facilitics; and I. City is willing to consent to the assignment of the l,ease from Ellwood to Chevrou for the purpose of Chevron perfbrming the deconrrnissioning and abandonrnent of the oil and gas platforms, wells, pipelines, and appurtenant facilities, subject to the tenrrs and conditions contained helein.

B
F
t6216371

Page 1 ends

NOW, THEREFORE, in consideration of the prornises, covenants, and conditions contained herein, the Parties agree to amend the Lease as follows; l. True and Correct Recitals. The above stated recitals are true and correct, and are incorporated herein by reference,

2. Consent to Assignment. City hereby consents to the assignment of the Lease from Ellwood to Chewon. Chewon hereby agrees that there shall be no further assignment, or subletting, without the written consent of City.

3. Assumption of Performance of Assignee. Effective upon the closing, as that term is defined in Section 3.01 of the "Purchase and Sale Agrecmcnt for the Carpinteria Station Segment and Certain Pipeline Segments by and among Venoco LLC and Ellwood Pipeline, Inc., as Sellers, and Chewon U,S.A. Inc. as Purchaser," and Chewon's acquisition of the Lease, Chevron will assume the Lease, including all subsequent amendments described in the recitals and attached hereto as Attachment One and incorporated herein, and shall faithfully perform, and shall agree to be bound by all of the tenns, conditions, and covenants thereof, with the same force and effect as its predecessor in interest, Ellwood. Chevron expressly assumes liability for use of the pipelines described in Paragraph 4 of the Lease, as amended, the contents transported through the pipelines, and the decommissioning and proper abandonment of the pipelines in accordance with all applicable laws and regulations and the Lease.
4, Process Fee. Concurrently with the execution of this Fourth Amendment, Chevron shall pay to City a nonrefundable fee of $5,000 to reimburse City for its staff cost in preparing and processing this Fourth Amendment. Chevron acknowledges that the fee is not applicable against rent or any other charge or fee under the Lease. Chevron acknowledges that City will bill Chevron separately for staff time or costs that exceed this amount.

5. Amendment of Lease. Effective upon the closing, as definsd above, and Chevron's acquisition of the Lease, the Lease shall be amended as follows:
(a) Paragraph I of the Lease shall be deleted in its entirety and replaced with the following:
"1. That the term of this agreement shali comnrence on Septernber 27, 1965, and shall continue thereafter (unless sooner terminated as hereinafter provided) until Septanber 26, 2023, after which Lessee may seek City's consent for an extension if necessary due to federal requirements to conclude activities described in Paragraph 4." (b) Paragraph 4 of the Lease shall he deleted in its entirety and replaced wittr the following:
u4. The purpose c.rf the Lease is to allow Lessee the right to use the gas pipeline described in Subsection 4.1 below to continue to supply natural gas fiom shore to fuel electric power generators on Platform Grace and Plattbrm Gail in the federal Santa Clara Unit and to use the oil pipeline describecl in Subsection 4.2 below to facilitate decomrnissioning activities including plugging and abandonment ("P&A") o1'offshore 2 ] 621 631 t
wells and facilities associated with Platforms Gail and Grace by transporting water mixed with hydrocarbons and mud (waste water) resulting from decommissioning and P&A operations to an onshore tank for proper disposal. Lessee's use of the pipelines will cease once decommissioning and P&A activities conclude, and Lessee will thereafter decommission the pipelines in accordance witlr all applicable laws and regulations and the Lease. The pipelines are described as follows:

4.1 One (l) ten inch (10") diameter steel pipeline, extending approximately ten thousand five hundred and sixty lineal feet (10,560'), together with all appuftenancos necessary to properly operate and maintain the pipeline, for the transportation of dry nahlral gas, and which lies in a fifty foot (50') wide corridor in, under, along or across the City's submerged lands.

4.2 One (1) ten inch (10") diameter steel pipeline, extending approximately ten thousand five hundred and sixty lineal feet (10,560'), together with all appurtenances necessary to properly operate and maintain the pipeline, fbr the collection, transpofiation or distribution of water mixed with hydrocarbons and mud (waste water) resulting frorn decommissioning and P&A operations, and which lics in a fifty foot (50') wide corridor in, under, along or across the City's submerged iands.

It is understood that all oil and gas production for which the pipelines have previously been in service has ceased, and that integrity tests will have been conducted on both the oil and natural gas pipelines prior to Lessee commencing P&A operations. In the event Lessee desires to transport a different product than permitted herein, or to expand or modifu the pipelines, Lessee shall notifu the City of its intention a minimum of sixty (60) days in advance of any such change, Upon such notice, City rnay re-evaluate the tenns and conditions of this Lease."
(c) Paragraph 14 ofthe Lease shall be arlended to replace Lessee's contact information with the following;
"To the Lessee ATTN: Land Manager
Chevron USA, Inc.
9525 Camino Media
Bakersfield, CA 9331 1
(66r) 6s4-7000"

6. Insurance. This Fourth Amendment shali not be effbctive until Chevron provides evidence of satisfaction of the insurance requirements required by the Lease.

1. Lease Remains in FulI Force and Effect, It is expressly understood that in all other respects, the terms and conditions of the original Lease agreement, dated Septernber 27, 1965, the Consent to Assignment of Pipeline Lease and Arnendmcnt Thereto, dated January 30, 2002, thc Second Atnendment to Lcasc Ageement, datcd September 10, 2015, and the Third Amendment to Lease Agreanent, dated March 13,20]7, shall remain in fulI fbrce and effect. The Third Amendment to Lease Agreement, which .-)
I62163't I
includes the Second Amendment, First Amendmen! and original Lease as attachments, is attached hereto as Attachment One.

IN WITNESS WHEREOF, CITY and CHEVRON have executed this Fourth Arnendment by the respective authorized officers as set forth below to be effective as of the date executed by CITY.
".CITY"

CITY OF CARPINTERIA
ATTEST:

By:

Garcia" City Clsrk

APPROVED AS TO FORM
Johnson
Brownstein Hyatt Farber Schreck,
LLP, acting as City Attorney for
the City of Carpinteria
"LESSEE'
CHEVRON U.S.A. INC.

By:

Fred Shaw, Mayor
Date: I 4llt
By:

By:

Narne:

Title:

COUVILLION
4 $-il
162163?l

ATTACHMI,N'I' ONE

THIRD AMENDMENT TO LEASE AGREEMENT (WITH ATTACHMENTS)
5 l62t6l't l

THIRD AMENDMENT TO LE,A,SE
THIS. THIRD AMENDMENT TO LEASE ("Third Amendmentn') is made March 13th, 2al7 by and between the city of Carpinteria, a general law city ("city" or ,,Lessor',), and Ellwood Pipeline' Inc. a Califomia Corporation ("Ellwood or Lessee") (City and Ellwood are rcfened to collectively as "Pafties"), with reference to the following facts:

A. ln 1931, the State of Calitbrnia granted to the County of Santa Barbara, in trust, cetlain tidelands and submerged lands extcnding from Sandytand'Point to Rincon Creek; and
B. On September 27, 1965, the County entered into a fifty(50) year Lease Agreement (hereinafter "Lease'o) with Ellwood's predecessor in interest, Standard Oil Company of Califomia, for a portion of the tidelands and subrnerged lands, io be used for submerged pipelines and appurlenanccs; and
C. In 1968, the State of Califomia l,egislature adopted Chapter 1044 of the Statutes of 1968 contirming City as the successor in interest to the County in that portion of tide and submerged lands located within City boundaries; and D. As to the Lease, City is the successor in interest to the County and Chevron U,S.A., lnc. was the successor to Standard Oil Company of California; and E. By that certain Consent to Assignment of Pipeline Lease and Amendment Thereto berween the Cify and Ellwood, dated January 30,20A2 ("First Amendment"), City consented to the assigntnent of the Lease by Chevron U.S.A,, Inc- to Ellwood, and the Parties fut'ther agreed to a number of amcndments to the Lease (the term "Lease" shall mean the l,ease as amended by the First Amendrnent, which Lease is attached hereto as Attachment One and incorporated for reference); and F. On or about Septernber 10, 20 15, the Parties extended the term of the Lease for a period of eighteen (18) rnonths, through March 26, 2Ol7,in order to detcrmine the feasibility of a new long-term Lease Agreement; and
G. The Parties desire t,r extend the term of the Lease for another period of eighteen (18) months, through September 26, 20 18, to allow completion of a focused Environmental lmpact Report and negotiation of terms for a potential new Lease Agreement, to be supported by the final ElR.

NOW' THEREFORE, in consideration of the promises, covenants, and conditions contained herein, the Parties agree to arnend the Lease as tbllows:
'::,. ): .:'i.

Page I of3
I' True and Correcf Rccitnls. The above state recitals are true ancl conecl, and are incorporated herein by refbrence.

2. Amcndment of Lease, The Lease shall be amentJed as follow.s; (a) Paragraph 1of the Lease shall be deleted in ils entirety and replacecl with the lollowing:
" I' That the term of th is agreement shall comm€nce on Septenrber 27, 1965, and-sball continue thereafter (unless .sooner terminated as hereinafter provided) until September 26, 20lg."
(b)
fbllowing:

Paragraph 8 of thc Lease shalI be deleted in its entirety and rsplaced with the "8. (a) Indemnity. Lessee shall dsfend, irrdemnif, and save harmless l,essor, its ofticers, agents and ernployees f'rorn any and all claims, demands, damages, losses, costs, expenses (inr:luding attorney's fees), judgments or liabilities connected with, caused by or arising out of this agreement, or any use, operation, or maintenance of thc pipelines or occasioned by the performancc or attemptcd performance of the provisiuns hereotl including, but not lilnited to, any act or omission to act on the part olthc Lessee or its agents or etnployees or other indcpendent contractors; except those claims, clemands, damages, costs, expenses (including attomey's fees), judgnrents or liabilities resulting from the sole negligence or willfirl misconduct of Lessor. Lessee shall notift Lessor immediately in the event of any accident or injury arising out of or in conneciion wittt this agreement.
(b) Insurance. Lessee shnll procure and maintain during the term of this agreentent the insurance requirements sct forth in Exhibir "B," attachecl hereto and incorporated herein by relerence."
(c) Paregraph 20 of thc l,case shall be deleted in its entirety and replacecl with the tbllowing;
"20. Indemnity for Act of r\pproving Lcase. Lessee shall defend, inrJcmnily, and hold harmless l-essor, inctuding its agents, of'ficers, ancl employees, liom any claim, action, or proceeding against Lessor, including its agents, officers, and employees, to attack. set aside, void, or annui, in whole ol in part, l-cssor's approval of the 'l"hi1j Amcndment to the L$ase, l-,essor agrecs to notily Lcssee of any suclr claim. actiun, or proceeding prornptly after receiving notice of such claim, action, or proceeding, and in no case, more than three days alier receiving notice. Lcssor agreos to cooperate f'ully in the tlEfbnse of nny suclr claim, aclton, or procee<jing.
(d) f,xhibit "B," altached hcreto and incorporatcrl in the agreement by rel'brence, shall be adcled tcl the agreement.

3. Lease Rcmains in Full Force and Eflbct, [t is expressly undcrstoori that in all other respects, the tenns and conclitions crf'the original l,ease agleentent, dated September 26, 2 1965, the consent to Assignment of Pipeline Lease and Amendment Thereto, dated January 3a,2002, and the Second Amendment to Lease Agreement, datcd September 10, 2015, shall remain in full force and effect. The Second Amendment to Lease agreement, which includes the First Amendment and original Lease as attachmonts, is included herewith as Attachment One.

IN wITNEss WHEREOF', clrY and ELLwooD have executed this Third Amendment by the respective authorizcd officers as set forth below to be eflective as of the date executed by CITY.
..CITY"

CITY OF CARPINTERIA
By:

ATTEST:
ia, City Clerk
APPROVED AS TO FORM:

Johnson
Brownstein Hyatt Farber Schreck,
LLP, acting as City Attorney for
the City of Carpinteria
..LESSEE"
ELLWOOD PIPI':

By:

Byr
-
Date:
, Mayor
I
By
t
Name:

Title:
,l/rl, i
/ .t,"('t o
I 41(..'
f
,,,'f7/,^ / -7'1 //to u*-
Name; PoJr;r1, 1 fforon
ritte: Jr. l-onJ N rTolial{or
-t

EXHIBIT B
INSURANCE REQTIIRf, Mf NTS
Arlrlitiunitl lnsttrsd - All policies, except for the Workers'Compensation, Errors and Omissions and Profbssional Liability and Automobile Liability policies, shall contain endorsements narning LESSOR and its otticers, employees, agents and volunteers as additional insureds with respect to liabilitics arising out of the perlbrmance of services hereunder. The additional insured endorsements shall not linrit the scope of coverage tbr LESSOR to vicarious liability but slrall allow coverage for LESSOR to the f'ull extent provided by the policy.
2' \tvilt-vg.t-uL'Ad$fC.lurt-n ttjCttt - LESSEE shall requirc the carriers of required coverages to waive all rights of subrogation against LESSOR, its officers, employces, agents, volunteers, contractors and subcontrac{ors. All general or auto liability insurance coverage provided shall not prohibit LESSEE and LESSEE's cmployees or agent.s fi'om waiving the right of subrogation prior to a loss or claim. LESSEE hereby waives all rights of subrogation agairrst LESSOR.

3. l\rlicics llrirnlrry-illlrl--Nrl1l:!r$-!:ilr'-!!u). * All policies required herein are to be primary and non.contributory with any insulance or sclf-insurance programs canied or administered by LESSOR.

4. Scvcnthilitl ol' lrlcre,st! - LESSEIT agrees to ensur€ that covemge provided to mest these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage tbr suits between LESSEE and LESSOR or between LESSOR and any other in-sured or additional insured under the polioy.

5. lrrrxrl'rrl'(^ovsElgc - LESSEE shall lirrnish Certificates of lnsurance to LESSOR evidencing the insurance coveragc, including endorsements, as required, prior to the commencement of performance of services hereunder, which cerlificates shall provide that such insurance shall not be terminated or cxpire r,vithout thirty (30) days written notice to LESSOR, and LF,SSEE shall maintain such insttrance fiom the time LESSEE comrrences perfbrmance of services hereunder until the completion ol such services. Within fifteen (15) clays of the aomrncnccment ol'this agreement, I.ESSBH shall fumish a copy olthe Declarution page for all applicable policies and will provide complcte certificd copies ol the policies and endorsements irnmediately upon rcquest.

6. ,\*;t'ptrrlrilily.-ol'lrtrur';rrret: (:rrricr'- Llnless othenvi.se approved by Risk lVlarnagement, insttrance shall be written by insurerrs authorized to do business in the State oiCalifornia and with a nrinimum A.M. Best's lnsurance Guide rating of A- VII. 7 . l)r:tlrrg:tilrlcs rrnd Scll'-lrUulctl..lju;1e rLir.rr.t - An)' and all deductibles or sel f:insured retentions in excess of $10,000 shall be declared to and approved by LESSOR.

9. ld!l.ur,:,ltr. Itrrrettlc ('()vurn!.(' - lrr the evsnt that any policy crf insurance required unrier this agrcement doe.s trot comply with the requirements, is not procured, or is carrceled and not replaced, I-IiSSOR has the right bul not the obligation or duty to cancel the agrcement rlr 4 obtain insurance if it deems necessary and any premiums paid by [,ESSOR rvill bc pronlptly reimbursed by LESSEE.

10. ltt,tuntncu liS-VigrL - lnsurance requirernents are suhject to periodic review by LESSOR.

LESSOR may, but is not required to, teduce, waive or suspend any insurance requirernerrts whenever LESSOR determines that any of the requircd insurance is not available, is unreasonably priced, or is not needed to protect the interests of LESSOR. In addition, if LESSOR determines that heretotbre unrc{rsonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, LESSOR may, but is not required to, change the above insurance requirements to require additional types of insurance cov€rage or higher coverage limits, provided that any such change is reasonable in light of past claims against LESSOR, inflation, or any other item reasonably related to L,ESSOR'S risk.

Any changc requiring additional types of insurance covcrage or higher coverage limits must be made by amendment to this agreement, LESSEE agrces to execute any such anrendrnent within thirty (30) days of receipt.

Any fhilure, actual oc alleged, on the part of LESSOR to monitor or enforce compliance with any of the insurance and indcmnification requirements will not be deemert as a waiver of any rights on the part of LESSOR.
ll'.ljl.r-u-riurcg!ructljc.{LJlu- LESSEE agrees to provide insurance set tbrth in accordance with the requiretnents hercin. If LESSEE uses existing coverage to comply with these requirements and that coverage docs not meet the specified requiremenrs, LESSEE agre€s to amend, supplement or endorse the existing coverage to do so.

Without in any way affecting the indemnity herein provitled and in atldirion thereto, LESSEE shall securc and maintain throughout the Agreement term the following typcs of insurance with limits as shown:
-Wlrhcl;-l-rttxltl:.It.a{lldlgltrlrystr l.i,!hi-!i!y - A program of Workers' compensarion insurance or a stato-approved, self-insurance program in an anrouni and lorm to nreet all applicable requiremeuts of the Labor Code of the State o1' Califbmia, including Ernployer's Liability with one million dollars ($1,000,000) Iimits covcring all persons including voluntcers providing services on behalf of LESSEE and all risks to such petsons under this Agreement.

If LESSEE has no employces, it may certily or waraant to LESSOR that is <jges not cunently have any employees or individuals who are defined as "employees" under rhe Labor Code and the requircment tbr Worksrs' Compensation coverage rvill be waived by

LESSOR,
With respect to Cclntractors that are norr-profit corpolations organized under Calitbrnia or Federal law, volunteets f,or such entities arc required to be covered by Workers' Conrpensation itrsurance,
A
B. eiuuncrcitl/(icrrgal t&bilitv lnsrrrancc - LESSEE shall car.ry General Liability lnsurance written on lnsurance Services Office (lSO) Forrn CG 00 0l l2 07 covering CGL on [ll "occuffence" basis, covering all operations performed by or on behalt o] LESSEE rvith linrits of not less than one hundred million dollars 1$toO,OOO,O00) per occurrence and not less than one hundred million dollar ($100,000,000) general aggregate limit,
C.nu!g!@_Primaryinsurancecov€rag€shallbewrittenonISo
Form Number CA 00 0l covering any auto (Code l), or if T ESSEE has no owned autos. hired, (Code 8) and non-owned autos (Code 9), with timit no less than one million ($ I ,000,000) per accident fbr bodily irijury and property damage.

If LESSEE orwns no autos, a non-owned auto endorsement to thc Ceneral Liability policy desuibed above is acceptabte.

D. Pollution l,inbilitv Covqaga - LESSEE shall carry Pollution Liabiliry Coverage with limits of not less than one hundred rnillion ($r00,000,000) per occurrence.

E. !-lu.brrrlldl:rccs-r{.[.il-hilj!-lrr,rrfrulLc: - An umbreila (over primar.y) or excess policy (rhat includcs Pollution Liability Coverage) may be used to'.otnpiy with limits or other primary covorags rcquirements. When used, the umbrella poii"y strutt appty to bodily injury/pnoperty damage, porsonal injury/advertising injury and strati 'include
a
"dropdown" provision providing primary coverage foi any li;bility not covered by the primary policy. The coverage shall also apply to automobile liabitity. LESSEE;ha[ carry Excess Liabitity Coverage with limits of not less than rwo hundred million ($200,000,000) per occurrence.
6 ATTACIIMENT ONE

ORIGINAL I,EASE AGREEMENT
7 ..OEC182011,
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IUt IlABt, rst r.al t*o thir 2lElt aay of Sogtoobor
- , Lfir,
by anil brtnra tb C0Umf Of dIVIA EAnlAnA, r lody putf.o .h.l csrtdilt a.bd, rubrllrlrlot d tb 8t t of CiLlfonta (hrrrfarftrq t.ltrnrd, t .r t'cguubr,r), .. Itttoy, ilr. llllf,tulfi! oft Colellrl 0f CAtErcmA, u I,a',. (tarofnft"r !.far-rid to ra nta.'a"l.
.
lor od Lu oonr!,doIrtloa o! *&r oofllartta rn4 r6rrmrta al lru6.., County dorr brrrly lr!.i., bt rait dpql.r ulto !.!taof tor r trta cl lt.fby (to) Jr{rr. corlla on ttr da.te hrnof,, thr follorrta6.frcrl of t{it .!a. rt'rntTtd laa4 rlturtr l-a rald County of SGrti Bl.tib6t!, l!d, tsri prtlouLlrfy 4rrcrlbe0 ar fgllotr. to nltl
A Ftcrl of lard fltw (50) ft.t llr ntrltl rtturtrd !o tb.

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l. thr tatr of tblg rgtoG.tri 6lulI pm61 rEroo tbr $olr r.alt C drt d 19dt, rrd ftrtl irqtlnr.r tt !llt.r!.r
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to do, or ln twot of r trcoh of r-qy of ttu olhcr oowu.stt wntetscd r o! lbXlurl to obrarvr tha trttr, eodttlonr,
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of
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RESOLU.TION OF TIIE BOARD OF T|UTERVISOBS OF fHE
COU}rtY OF SANTA BARBABA, STATE OF CALIFORNIA
RESoLUTIoN No, ftrl
lll{EREAs, chere has beeo presenucd co thr"s Board of supervisors L.|. daced
-r_o 1?, lg6l
by and between Bhe Counrt of SanEs Barbara and g3-6_,6 g11 go+tt od g.tltcflr|.,
by che cerrirs o! e,hlch fru,raatroo lt t& tr .blllf rt ilA d rba.a ld al)ir-l- ir gnct o( lnla lctal d
UIIIEREAS, !E trpp€ars proper and io rhe besr lncereec,s of Ehe County thar. sald lnsErumenc be execuced,
NOI.,, TNEREFORE, Be rT AND IT Is ITEREBY REsoLvED thsE The Chcirman and Clerk of the Board of Supervlsors be, and chiy are hereby, auEhorlzed and dLrecEed Eo execuC€ said lnsqrumenE on behglf of the CounEy of Slnlr Barbara,
Pagsed and adopced by che Eoard of Supervl,sors of rhe
councf of, sanca Barbaro, scrEe of Californla, thts ltlh day ffid 9#-, by Ehe follow{ng vote
Ayes I g.ag. i. gltd.r .Fa J. €e1L6rs 0rL1 C, Orntl
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tba
b
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Nocs:

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SETTLEMENT AGREEMENT A.IYD M UTUAL LIMITED REL EAS E
Thls SettlementAgreemeutand Mutual Llmited Release (Agreement) is entered into on this 3!96 day of Jansarv ,20O2 by andamong the City of Carpinteria ("City'), Venoco, Inc,, a Delaware corporation and Ellwood Pipeline, lnc,, (collectively"Venoco"), and the Statc of Ca.lifornia, State Lands Cornmission ("SLC'), with reference to the following facts and inteilions:

A. City is the succs$or in intere$ to the County of Santa Bubara rn ths carlain t-€ase (the lltneline leaso") dated November l, 1965. 'Ihe Cityis also successor in inrerest to the County of Santa Barbara in thc ccrlain Loase Agrccmcnt (thc "pier lease') dared September2T,196s.

B. Chewon U'S.A., Inc,, is tbe successor h interest to the Standard Oil Company of Califomia undcr thc pipelinc lea-se ud the pier lease.

C' On or about fanuary 31, 1999, Chewon U.S.A., Irrc,, sold assets, including the pipcline lease and the pier lease, to Venoco.

D. A dispute (the "dispute") has arisen botween the City and Venoco relating to the terms under which the City would consent to trc assignment of the pipeline lease and the piir lease from Chevron, U.S'A., Inc., to Venoco. As a rosult of this dispute, on Ootobar 6,20}0,th€ City initiated an ualawful detainer action (the "unlawfirl detainer action'j against Venoco hr tlre Superior bourt for the StateofCaliforniaintheCountyofSantaBarbara(ActionNo.0l036744). Thereafter,onOctoberlg, 2000' Ellwood Pipoline' Inc., 6led a condgnrn[tion acrion (the "conrlsmnation action") against the City 3$ 1!e Sl"! in the Superior Court lbr tbe State of California in the County of Santa'Eibara (Action No.01036917).

E. The Cily, SLC and Venoco wish to scttle aid resolve the dispute and all issues prcscnted in the unlawfirl dctainer action and the condcnnatiou action.

NOW, TEER-EFORE, theparties agree as followsr
l. Aeregstlx!.qslrlhcqnfugApprsynlt,I!!'t.{', t,4rrtll-el!!uu!$r&r. This Satlement Agreement and Muhral Limjteri Releuse are conditioned upon and shall not be affective until the SLC provides written approval of.ths contents of the (l) coNsENT To ASSIGF{MENT oF PIPELINE LEASE AND Ii:IRsT AMENDMENT TtrERETo and (2) coNsENT To ASSIGNMENT oF CASITAS PIERLEASA AIYD TUIRD AIIIENDMENT THERETO, copies ofwhich are aftachetl as Exhibits I and 2, respectively, hereto.

2. (.,btU_c-1t- fs-A.sulSglrplt.rrf [1g,1Lc*q .tr!.ptulSl!r!_dj.9jr{!:. Immediately upon the parties havingreceivsd the written approval ofthe SLC as refcrenced in Paragraph t abovc, the iity ana venoco will entered into the (l) coNsENT To ASSIGNMENT oF PIPELINE LEASE iND AMENDMENT THERETO and (2) CONSENT TO ASSIGNMENT oF CASITA,S PIER LEASE AIID TIIRD AMENDMENT T]ffRETO, copies of which are aftached as Exhibjt I and. 2, respectively, hereto.
sB 2666J3 \,1;0070J2.0t2 I -l-
3- tUglualJmite4- llelerrsc enr[ Conurontite. Except for the party's respective obligations and as otherwise provided in this Agreemenf, eachparlyon bchalfofthernselves, thcir heirs, assigirs, directors' [ustees, shareholders, oflicers, elected oflicials, agents, inswers, employees, parhers, represcntatives, attomeys, guarantors, and all persons or entities acting by, through, arrd under them, fully compromises, settles, releases and forever discharges the other party and their heirs, assigrrs, directors, Eustees' shareholders, elected officials, officers, ag€ntg, insurers, emplolecs, partrers, represenlatives, attomeys, guarantors, and all persons or cntiiies acting by, mrough, and under them, from any and all action or actions, cause or causes of actiorq at law or in equity, suits, debts, liens, conFacts, agrecm€nts, promises, liabilities, claims, demands, obligations, darnages, losses, costs, or expens€s' including attortreys', paralegal and experts' fees, costs uld cxpenses of any nature,loown or turlcnorvn, fixed or conlingent, which either party may have against the other parfy by reason of any matter, cause or thing whatsoever from the beginning of time to the date of this Agreement relating to, resulting from or arising out of the dispute, thc unlawful dEtainer action, and the tondernnation aJion (collectively "Claims').

4. Dlrmjssal. ImmediatelyaftertheexpcutionofthisAgrcementandexccutionofthelease amendments and consents to transfer, copies of which are attached as Exhibits I and, 2, the City will dismiss the unlawful detainer action with prejudice, and Venoco wil dismiss the oondemnation action with prejudice.
5' A,rsleltmenUTrun.rItr, Eachpartyrepresentsandwarrantstotheotherthatthcrehasnot been, and that there will not be, any assignment or transfer ofany interest in the Clairns and each party agrees to indemni&, dofenrd, and hold the otberparty barmless frorn and against the Claims, inctuaing attomeys' fees arrd costs incuned by tbal parry which arjse out of or relate to any person asserting any such assignrnent or transfer of the Claims.
6- 4d:rce-lu-d-tlnd$,t{.1$tUgg, Each party represents and warrants that, in cxecutiug this Agreemenl each has be en advised by and has relicd upon independcnt legal counsel, and that tho terms of this Agreement snd its consequences have been completelylxplained by sdid counsel, antl that each party has read and ftlly understands the terms of this Agreement. Each parfy fiuther declares and acknowledges that it voluntarily conseuls to the provisions of this Agreemint, Eaoh party dosires to preciude forever pursuit of the Clairns or recovery arising out of thc Clains, "xoept
as othcnvise
provided in this Agreement.
7- (ig${L{Qglp!-&x.egtrtiQrr, Eacb parry achrowledges and wanants that irs executionof this Agreement is tee and voluntary. Furthermore, it is understood and specifically acknowledged by eacb party that this Agreement is made without reliance upon any statement or repre,eentation of aoy other party not incorporated in this Agreement. It is further understood arrd aclorowledged by each parfy that this Agreement is a conrpromise and settlemenl of disputed claims and in no way constitutes an admission by any parfy of any farrlt or liabiliry.

8. Qguurill_!j_rovi.:ilrtrjr.
a- (''lopryltlr.rn, The parties shall, whenever and as often as reasonably requested to do so by the other parly, execute, acknowledge and deliver or cause to be executed, acknowiedged and delivered any and all docurnents and instrurnents as may be necessary, exped.ient or proper in the sg 16nc:: t"t,
O0lO.lz.tttzt
reasonable opinion of the requesting parry to carry out the intent and pu{poses of this Agreement, provided that the requesting parry shall bear the cost and €xpense of such further insfuments or documents(exc€ptthateachpartyshallbearitsownattorneys'fees), Inparticular,theCityandVenoco shall oooporate in obtaining the necessary approvals ofthe SLC as referenced above, and each pa*ywill specifically recomrnetrd that the SLC provide such approvals, SLC staff shall immediately undertake all necessary procedures jn order to obtain final approvals by the SLC of tbe above-referenced lease amendments, and shall make all reasonable efforts to obtain such approvals as soon as possible. It is firrther understood and agreed that SLC staff will specifically recommend that the SLC grant such approvals.
b. AS.O-s!tty. The individuals executing this Agreement represent and warrantthat thcy have the authority to enter into this Agreement and to perfonn all acls required by this Agreement, and that thc consent, approval or'execution of or by auy third pnrty is notrequired to legallybind cither parfy to the terms ind conditions of this Agreem€nt.
c. t9-nso'uctlo[. I'lrc provisions oi lhis Agroamcnt should be liberally consbucd to offectlate.its purposes,, '[he language of atl parts of thii Agreernent shall be construcd simply according to its plain mcaning and shall not bc construcd for or against either pa:ty, as each parfy ha* pnrticipatcd in the drafting of thls dobumcnt and had the opporntnity ro have iheii counsel ieview it.

Whenever the context and construction so requires, all words used in the singular shall be deerned to be used in the ph.ual, all masculine shall include the femiilne atrd neuter, and vice versa. d' Sgssg$LAflltqllArs-ignl. This Agreement shall be binrling on and shall inure to the benefit of the parties and their respective heirs, legal ropresentatives, successors and assips. e. C0"atg&g-f.ltt, The validiry and interpretation of this Agreement shall be govemed by the laws of the State of California.
f. Severublllty. If any term, provision, covenant or condition ofthis Agreement is determined to be unenforccablo by a coi.rrt of compotent jurisdiction, it is the parties' inte; that the remainilg provisions of this Agreernent strall remain in full fr:rce and effect and shall not be affected, impaired or invalidated by such a deterrnination.
g. liulJllttryI.|lt' This Agreementmaytreexecutedin a:rynurnberofcounterparts, each of which shall be an original, but all of which shall coustitute one and the same instrument. t. [A$J.LAsl!:ttnt-c-tll qrlrl .:\rrtenrlrurU{. This Agreernent contains the entire understurding and agreement of the parties with respect to the rnatters considered, and there have been no promises, rcpresentations, agrocments, warrauties or undertakings by any of the parties, either oral or written, of zury character or nahre binding oxcept as stated in this Agreement. This Agreement may be altered, amended or modified orrly by an ilshument in writing, execured by the fardcs to tlis Agreement and by no other means. Each parly waives their future right to claim, iontesi or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel.

SB 266651 vl : 0070.11.o12i 1
IN WITNESS WEEREOR the parties have executedthis Agreement as ofths date first CITY O['CAR}INTERIA
Mayor
form
Attomey for the City of Carpinteria
STATE OFCALITOR}IIA
e
BILL LOCKYE& Attornoy Gcneral of the Statc
of California
J. MATTITEW RODRTQUEZ
Assistant General
BY -<_ RUSCOM
Attomey Gcncral
Attorneys for Defendants State of
Califomia and Stste Lands Cornmission
VENOCO,INC.

BY:

Its;
:ft
siet€d above.

ATTEST:

JayneDiaz,
Hatch and
A
BY
-{4 -f BY
Itu,
s0 ld6d53 r,l : 0070J2_0121 -4-
ELLWOOD PIPELINE,INC.

BY._
BY
Its:_.--
A as to forrn:

Pricq Postel & Panna,
Attomeys for Vonoco, Inc., and Ellwood
Pipeline, Inc.

SB 266653 vlr 00705?,012i

CONSENT TO ASSIGFIMENT OFPIPELINE
LEASE AND AMENI}MENT THI,RETO
TEIS CONSENT TO ASSIGNMENT OI'LEASE AND AMENIIMENT TEERETO (,Tirst Arnsndmenl') is mado as of-b!*lq, 2002; by ad between the Clty of CrrplntGria, "
g..rooilr*
city and subdirrision of the State of Califomia ('Lessor') and Eltwood Pipeitne, Iuc.;i,tessee'1.

Thls Flrst Amendmcnt is madc wlth reference to lhe following factss A, Lcssor is thc successor in interest to: the County of Santa Barbara in thc certain Lease Agreemeat dated Septemb el 27, I 965 (..Loase,).

B. Chewon U'S.dt, Ino. is the sucoessor in intsrest to 166 Strdard Oil Company of Califomia under said Lease.

C. Is accordance with Panrgraph 5 of said Leese, Chewon U.S.A., Inc. hae requested I-essor,s written consent to assign the Leasc to Lessce.

D. Lessor is wilting to consent to the assignment of s&id Lease ftom Chowon U.S,A., lnc. to Lcssee providcd the Lease is anendcd as provided hcrein, NOW TIAREFORE forvaluablc consideration, the recoipt andsufficiency of which are hereby ackuowledged, tbe parties agrre as follows:
l. True erd Corrcct Rccitets. The above gtated rcoitats A-D are file and correct and are incorporatcd into the terms and couditious of this Amendment as sct forth in fuIl heroin.

2. ConcentofA^sslgurtrcnt Le$sorhtr,ebyconscntstothcausignmentoftholeasefrom Chewon U,S,A.' [nc, to l-cssee.

3. Assignmcnt f,'ce. Concurrent'witb the executioo of this Amoudrnbnt, Lessee shall pay to Lessor a nonrofirudablc fee sf'Two Ttousand Five Hurdled Dollars 1$Z,SoO,0O1 to compensate Lessor for its logal and other costs in enteritrg inlo this First Am€ndment anj proc*ssing the assignment dcscribed herein. Lcssee aclaowledgcs that thc fee is not 4plicable uguL*t r*io, any othcr cbargo or feo under the Lcasc"

4. References to County of Santa Barbara. AII references in the Leasc to the Corurty of Santa Barbara are horeby changed to thc City of Carpinteria.

5. A-meudmelt of Lerse. The Lease shall be amended as follows:

SB 2666 57 \rzt 0WA52,0 tZ I
in its place:

SD266dJ? 14; 0070J1.0t2t
(a) Peragrapb 2 ofthe Lease is deleted and tlre followingncwparagraphis added '2,1 A:rnual Rcnt. Lessee shall pay to the Lqssor a.s consideration for the granting ofthis Lcase an annual r€ntal of$ 25,000.00 payable conmencing onthe firstofthe month imurediatolyfollowing thc date of approval ofthe Statc Lands Commissionof 0risFirstAruondment, ('the Annivcrsary Datc'), and continuing theroaftor, on the Amiversary Date of each subsequent year during the term of gaid Lease; provided, however, that ifsaid Lease is ternirlated prirsuant.to paragraph 12 hereof, the annual rent pald in advance shall be refmded to Lcssee based upon a proration of the rental amourt for thc time botwccn thc tcrmiration and the next following Aanivorsary Date; ffrtherprovide4 howcvgr, if ttre lastAuiversqyDat€ is less' '\an onc ycarprior to Scptember27,2015, tbe annual;cntal due to bc paid on that Anniversary'Date shall be prorated foi the pcriod ftom said Anniversary Date through Septemb€r 27,2Ol5: Lessor is not enti{ed to anypaymcnl forproration ofrent for time periodsprior to thc Anniversary Dato in 2001.

2.2 CPlAdjwnncil. BegimlngonthoAnniversaryDatein2003,
and continuing cvcry two Q) ye*e thcrsaftcr (.Adjusbent Detc') durfug the balasce ofthe term of this Lcaso, thcbasc snnual rcnt of $25,000.00 ftsase Rent') ehall bc adjusted by thc chango, if any, &om the Coosumer Price Inde:< of lbc Brucau of Labor Statistice of the U. S. Dcparturent of Labog Urban Wage Eamers and Clerical Workers, for the Los Angeles-Riverside-Orange County area, All Iterns (1982-1984=l0O) for the monrh which is ?our moaihe prior to tho month [n which the 2001 Annlversary Date fells ("2001 Base Inden'), herein roferred to as "CPL"
The annual rent payable on each Adjustunent Date shall be calculatod ag follows: thc Bass Rent of $25,000.00 shall bc multiplicd b51 a ftasdon, tho nl$acrator ofwhich shall bo the €?Ifor thcmoilhwhich is four rnonths prior to the Adjustmcnt Date, ald thc donominator of which shall be the CPI for the 2001 Basc Index. The sum so calculated shall coustituts the new annual rsnt for the currcnt year which comrnences on thc Anrriversary Date in ths oalendar year in which the Adjustment Date occurs, For example, if the Adustmort Date is August I , 2003, and the CpI for Apdl 2001 is 1 76 (200 t Base Indcx) and the CPI for April 2003 is 184 rhe nnnual renr commencing August t, 2003, would be calculated as follows:
$25,000,00 X l84ll7 6 = $26,136.36.

L
tn the event the compilation and/or publication of the CPI slrall bc transfcrrcd to anyother governmcntal department orburcau oragency or shall bc discontinucd, then the index most ncarly the same as thc CPlshall be used to make such calculation In ths avent that Lossor and Lossee cannot agre6 on such alternative indcx, then the matlcr shall bc submitted for decision to the Amcrican fubitation Association in accordance with the thcn nrles ofsaid Associadon ald the decision of thc s$itators shall be binding upon Lessor and Lcssec. The coct of said Arbitration shall be paid equally by Lessor and Lcsses.
(b) Paragraph 5 of the Lensc is deleted and the following new paragraph is added in its ftacc;
in its place;
"Lessee shall not tansfer or assign thie Leasg norsublet said land or anypart thereof cxcept upon the prior written conssnt of the City ftst Itad and obtaincd. Lossee sball when rcquadi-ug a bursfcr or aseignment of this Leasepay an applicatiou fes oftwo thousand five hundred dollars ($2,500,00) towardlessor's administative and other costs in reviewing and processing the request for tansfer or assignment ('Transfer Fee'); provid€d, how€ver, no Transfer Fee shall be paid if the transftr or assignmcot is to any affiliate of Leesee.

Lessee shall pay thc Transfcr Ico whs&cr or not Lessor consents to lhe trar$fcr or assignmmt"
(c) Paragraph I ofthe Leare isdsletcd andthefollowingnewparagraphis added "Parugraph 8. (a) Intlernnffi Lessee shail.indenmig Lessor against any liabilityor loss, damago,-ctaim, demand or.action caused by, arising out of or in any way connected with thc constuction or ur?iqtonanco by Lessee of the pipelino and appurtenant skuctures uporl or the use by Lesscc or its agenls or gub,tenants of, the said premises.
(b) Insurance. ksscc shall obtain and rnaintain in ful force and effect during the term of tlis Lease comprehcnsive general tiabilig irsurance and property danage insurance, with such.ou*ugu *i limits not less than Ten Millton Dolterr ($10,000,000.00) combined single limit, insuring Le ssec and Lessor against any and all claims or liability arising out of the ownership, treq ocsupancy, condition or maintenance of the Ieased parcel aqd all improvemonts. Tbe insurance policy or policies shall uame L€ssor, its officers, electcd SB 266657 v2t oa7052,Ol7l a
officials, crnployces as instucd as to the leascd parccl. Lcssec shall provide Lessor with a certificate of such insurance and shall keep such certificatc currcnt. Tho policy (or endorscment) must provide that the insurer will not cancel the insured's covsrage without $irty (30) days prior written notice to Leseor. Lessor will not be responsible for any prcmiums or othor allsessncnli on the policy.

The covcragc provi&d by tbe insured (Lessce) shall be primary and non-contributing, The insurance coverBge specified in this Lcase shall remaiu in effect at all times during tha tcrm of the Lease sud subsequently until all ofthe leascd parcel has been either aocepted as improved by Lcssor or restored by Lossce as provided In paragraph I I of s&id Leas€-
Thc liability insurance shall apply to and cover-bodily rryury or property dqmage to,third parties, including legally required clean-up costs, arising out ofsuddea or accidental pollution incidents.'' (d) Paragraph 14 of the Lcase is delated and the following new paragraph is added in its place:
"14- All noticcs herein provided !o bo givcrn shall be doemed to have been fully givcn when madc in writing and dcposited in the United Statcs mail, rogistced and.postage prcpaid, addrcssed as follows:

To the Lessor: City of Carpiateria
City Clerk
CityHall
5775 Carpinteris Avcnue
Carpintcris, CA 93013
To the Lessee Ellwood Pipcline, Inc.
c/o Vengco, Inc,
5464 Carpinteria Avenue
Suite J
Carpintsris" C A 93013 - L 423
The address to which thc uotices shall bemailed as aforesaid maybe changed by written notics as heroin provide4 but nothing contnined shall preclude the giving of any such uotice bypersonal seryico." (e) Paragraph 17 is added as follows;
SE 266657 vzr 00?0J2.0!21 4
"17. Mineral Mrnagement Servlces Report. Lessee shall inform the Minerals Management Service ("MMS') that MI\4S shalt provide to Lesgor, on Lcssor's request therefor, copies of any rcports subrnitted to Mlv6i by Lessec, kssee's agent and consultants, or by any party on Lessee's behalf to the MMS. The foregoing obligation shall only app$ to reports which are public infomration and not protectod from discloilre urdcr the fedcral Frcedom of Idormation Act or the statc Public Rccords Act."
(0 Paregraph 18 is added as follows:
'18. Marlne Sensidvlty Traiuirg. Lessee agrees to continue its curre,nt marine sensitivity trainurg program. Lessee shall conlinue to publish and presenrt to ncw cmployees at its Carpinteria Facility tire parnphlct attached hercto as Exhibit "A', diseussing thc rnarinc rcsourcos suroutr.liug nnd adjacEnt to the loased premises and how to avoid disturbing and injrrring those resoluces. Lessee shall also dishibute tbc parrphlet to its primary contsactors doing work on the pipelinc, to oil conrpaniqs using tho Casitas Pier and to Seal Wateh roprogontativee. I-qcee sbrlt updatc its lvlsrioe Seneitivity Tralning grogp'm whon roaeonably neceesary'to respond to changcs in conditions affecting the meine r€sourc€s adjacent to lhe leased protaises,"

7. Effective Date of First AmondmenL This First Amendnent shall be effectivc on the datc of the California Statc Lands Coqunission approved this First Amen&nent, which was .lg-Itl,g,':y -!t) " - ._.-,2AO 2.
(g) Paragraph 19 is added as follows;
"19. Compliance Witt State Lelds Commissionrs Regulatlous.

Lessee shall comply with all requirements and safety regulations of the Califonria State Lu.uds Corunissftrn as are iu effcstnow or as Luay be cnacted or amend€d &om time to.time in the future, with respecl to opcralion of uuderwater oil aud gas pipclines.,'

6. Lease'Remafus ln Full tr'orce md Effect. The Leue, except as urnended herein, shall remain in full force and effect for tbe dr.uahion of its tcrm. aoth parties hereby agree tlrat this Amendnrcat shall be tiindiog upon the parties, as well as their respictive heirs, iepressntatives, successors and assigns. lf therc is a oonflict betweetr the provisions of this Amendment and any provisions ofsaid Leaso, the provisions ofthis Aarend'"cnt shall be contolling, 3B ?666J1 v2;0070!2,012 I 5
IN WITNESS WHEREOF, tle parties have executed thls Flrrt Amendment as of the date llrst set forth above.

CITY OF CARPINTERIA
ATTEST:
'Eraltr
Jayne Dlaz, VrrM^yor
Hatoh and for
the Ciry of

ELLWOOD PIPELIIYE, INC,
Amqpokcr,
By
By
Itrt
Price, Poslel & Pamrs, attorneyr for
and Ellwood Pipelino, Inc.

SE ?56657 v2; 0070J1.0t21 6

SECOND AMENDMENT TO LEASE
THIS sEcoND AMENDMENT To LEASE ("second Amcndment") is made September l$ 2015 by and between the city of carpinterie, a general law city (,.city,' or "Lessor")), and Ellwood Pipeline, Inc, ('Ellwood" or "Lessee') (City and Etlwood aie referred to collectively as "Parties'), with reference to the following facts:

A. Thc County of Santa Barbara and Slandard Oil Company of California cnrered into that cenain Lease Agrcement dated September 2'1, 1965 for the lease of tide and submerged lands controlled by thc Counry to Standard Oit Company (,,Lease").

B' In 1968, the State of California Legislature adopted Chapter 1044 of the Statutes of 1968 confirming City as the successor in interest to the County in thai portion of tide and submerged lands looated within City's boundarics.

C. As to thc Lease, City is the successor in intercst to the County and Chevron U.S.A., tnc, is the successor to Standard Oil Company of California
D- By that cenain Consent to Assignment of Pipeline Lease and Amendmenl Thereto betwccn City and Ellwood, dated January 30,2002 ("First Amendment"), City consent€d to th€ assignment of the Lease by Chevron U.S,A., lnc, to Ellwood and the Padies furtheragreed to a number of amendments to the Lease (the tern "Lease" shall mean the Lcase as amenJed by thc First Amendment, which Lease is attached hereto as Exhibit A and incorporatert by reference), E- Paragraph I of the Lease provides that the Lease shall continue until Septemb er27,Z0l5.

F. Paragrapb l6 of the Lease providcs that the Lease may be arnended by mutual consent of the PaniesG. The Parties desire to enter into this Second Amendment extending the term of the Lease in order to provide adequate time for the Pafties to consider and negotiati a possible new lease agreement.

NOW THEREF'ORE, for valuable cultsidet'atiurr, the lecvipt alrd suflicienuy qf wfiich are hereby acknowledged, the Parties agnee iN follows:
l. True snd Correct Recitals. The above stat€d recitals are true and correot and are incorporated herein by reference.

2. Amendment of Lease. The Lease shall be amended as follows (deletion in strikethrough and addition in underline):
^, Paragraph I of the l.ease is amended as follows:
" l - That the te rm of this agreement shall commence upon the above recited date of September 27, 1965, and shall continue thereafter (unless sooner terminated as hereinafter provided) unri| Septenrl*r-i 7lLgdt th, 20 I SZ.. b, Paragrrph 20 of the Lease is added as follows:
03t4.t4\ I 016\ t:6t29t4 I
"20. l-g$sgc shnll rlcfend. indcmoifv ultl llrdd t4qnt!is-,s.1rc_-LCsgy_L!rclurlinr it{ q&c-!!$, _ol[i!'SlS-{Ud.c-qrp_l_olcclfrunr nny clairrr. ncthur or prur;g:ding a$tjnst thc Lcsstrr. includingits aqcnl{, ofliccn nnd crnnloyces. to ultrrck. set rrqid$. void. {.rr qllluL in wholc or in-Jt4d-$d.c$El's apprgrgqlolllhg-$qconrl Anrcnrlmcnt to the l.ensc. l.cssor agrccs to notlfy lhc l.csscc of onJl:uclt__,;lgi$,-{e!ittr-t_ rU_pfqccgdirU or<rntptlv-attcr rqtcig-intr notics of suclt dQinr. actign qr pec-9cd-iry-uldh1-U.rgr5g.

UgIr,' thnn thrce dtvs atlcr rcceivinulteticg-,Lcssrrr' tgt9$-lLcoupffSlg.lldlJ_it1_dtg dcfersc of anJ such clnim, nction or nroccctling*"
3- Lease Remalns in tr'ull Force and Effect The Lease, except as anrcnded herein, shall remain in full force and effect. The Parties agree that this Second Amendment shall be binding upon the Parties, as wcll as their respective heirs, represcntatives, gllsccssors, and assigns. If there is a conflict between the provisions of this Second Amendment and any provisions of the Lease, the provisions of this Second Amendment shall control,

4. Elfective Drtc of Second Amendmenl This Second Amendment shall be effective as ofthe date set forth above.

IN WITNESS WHEREOF, th€ Partles have exccutcd this .Second Arnendmenl as of tte date set forth above.

CII'Y OF CARPINTERIA:
idc city
APPROVtrD AS TO FORM:

Dy Johnson, on behalfof
Brownstein Hyatt Farber Sohreck, LLP,
acting as City Attorney for the City of Carpinteria
APPROVED AS TO FORIVI:

O\-
Gregg A. f,^ ( !trtytn'
l'; .lNt.;,INC
eY: lvfi kz. Wr^.Lc..

S r. V. ?,' 5". CaU fc, n\ t O Vc'a{io^s
tly:
\:..,.i!;.ta',il:.\ .:r - l):,t I
Chc{rut v
September 14,2018
City of Carpinteria
5775 Garpinteria Avenue
Carpinteria, California gg01 g
This letter is in lieu of a certificate of i
termination of the subject agreement
Kevin Jones
Bisk Management & lnsurance
nsurance and will remain valid until the expiration or earlier {or any renewal thereof).

Attention: Mr. Dylan K. Johnson
Subfect: OffshorepipelineLease(CAl92.S00021)
Tract 51284
Self-lnsurance Notification
Dear Mr. Johnson:

Chevron U.S.A. lnc. ("Chevron"), is covered.for.property and liability exposures through a worldwide insurance program with large deducti'bb;. Losses that t;il witnin these deductible levels,.including those for which Chevion is contractualty tiaole, are self-administered and paid through the financial resources of Chevron.

This is to confirm that the insu.rance requirements of the subject agreement fallwithin Chevron,s deductible levels. Therefore, losses foi which Chevron is required to insure under the agreement will be covered to the extent of the agreement's minimum insurance requirements and administered as described above.

This further confirms that.Workers'Compensation insurance requirements for Chevron are satisfied through insured/self insured programs depending upon the location of the employee,s workplace. cc Johnson
Brownstein Hyatt Farber Schreck, LLp
1020 State Street
Santa Barbara, CA 99101
Chcvron U,S,A. lnc.
lnsurance Division
6001 BollingerCanyon Road, San Famon, CA 94583
fel 925 842 8142 Fax 92S 842 6007
K€vin.JonesOch6vron.com

ATTACHMENT B
Cite specific CEQA and/or CEQA Guideline Section:
1 5261 (b) ONGOING PROJECT
!9ryons to support exemption findings: A private project shall be exempt from CEQA if the project received approval of a lease, license, certificate, permit, or other entitlernentfor usefrom a public agency priorto April 5, 1973. Here, the lease between Ellwood Pipeline, lnc. (as successor in interest to Standard Oil Cornpany of California) and the County of Santa Barbara was executed on September 27, 1965. ln 1968, upon grant to the City of a portion of State tidelands previously administered by the County, the City acceded to the County's rights in the Lease as it relates to that area within the tidelands granted to the City in trust,
This 60-month extension and assignment to Chevron is a private project, allowing Chevron to operate private facilities on submerged lands held in public trust by the City.

The extension and assignment of the Lease Agreement is statutorily exempt from CEQA in accordance with Section 15261 of the CEQA Guidelines because it will allow the continued use of the two existing submerged oil and gas pipelines, with no change to facilities and no expansion of use beyond what was originally approved in the lease.

The gas pipeline will continue to be used for supplying power to the offshore platforms, The use of the oil pipeline will be more limited in that it will no longer be used for oil production. lnstead it will be used to transport oil and other materials necessary to decommission the pipeline and offshore facilities.

Cite specific CEQA and/or CEQA Guideline Section:
150g1Jb)I3) BEVTEW FoR EXEMPIO*N
Reasons to support exemption findings: A project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with cetlainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. "significant effect on the environment" is defined in the CEQA Guidelines as "... a substantial, or potentially substantial, adverse change in the environment." Whether the project will have a significant effect is determined by comparing the effects of the project to the environmental baseline existing at the time the project is reviewed and considered.

The existing conditions here include the ongoing operation of the pipelines approved by the original lease. The 60-month extension and assignment of the existing Lease Agreement to allow continued use of the existing gas pipeline and use of the oil pipeline for decommissioning activities, under the same parameters as currently operated, does not involve any change in present conditions, and, therefore, does not have the potential to cause a significant effect on the environment when compared against the existing conditions. No new facilities will be installed and the historic and ongoing operation of the pipelines will only be more limited in that the oil pipeline will no longer be used for production. Therefore, the extension and assignment does not have the 16r92104
potential to cause a significant effect on the environment and the action is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(bX3).

Furthermore, the Federal Bureau of Safety and Environmental Enforcement (BSEE) has regulatory authority to oversee maintenance, repair and safety-related planning for offshore Platforms Gail and Grace, and the associated pipelines. BSEE has reviewed the recent available information regarding the condition and integrity of the subject pipelines including integrity testing and internal/external corrosion reports spanning the last six years. ln reviewing the inspection results, BSEE concluded the pipelines are in satisfactory operating condition and no corrective actions are necessary (letter from BSEE dated September 3,2015). Based on the positive inspection results, the ongoing maintenance program carried out by the operator, the lack of previous incidents/spills and the positive operational record of the applicant, there is no possibility that during the 60-month extension there will be any significant impact on the environment.

Gite specific CEQA and/or CEQA Guideline Section:
1 530:r EXIST|NS FACTLTT|ES
Reasons to support exemption findings: As defined in the California Environmental Quality Act (CEOA) guidelines, Section 15301 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The 60-month extension of the existing lease will provide for the continued operation, repair, maintenance and leasing of existing private facilities under the same parameters as currently operated, with more limited use of the oil pipeline, There will be no physical alteration or expansion of the existing use resulting from the action, and, therefore, the lease extension is exempt from CEQA in accordance with Section 15301.

Exceptions to the exemptions not applicable: ln addition, there is no substantial evidence that any of the exceptions to the exemptions contained in Guideline Section 15300.2 apply to the proposed action, as explained below. (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to epply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

The pipelines' locations are not identified as an environmental resburce of hazardous or critical concern where designated, precisely mapped and officially adopted pursuant to ^
t6t92t04
law by federal, state or local agencies and the City is not relying on the exemptions in Classes 3, 4, 5, 6 and '11.
(b) Cumulative lmpact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

The available Federal oil and gas leases in the area of Platforms Gail and Grace have been developed. lt is highty unlikely that additional platforms will be constructed during the term of the 60-month lease extension that have the potential to result in additional transrnission pipelines in the area. There are no other oil and gas pipeline systems in the area that have been extended or renewed, or will be extended or renewed by the City or the County of Santa Barbara within the next 60 months. Further, the subject lease is being assigned and extended to allow Chevron to plug and abandon the wells on these platforms, after which the subject pipelines will cease to be used. Because Fucc€ssive proiects of the same-:tvpe ln the same olaee are unlikelv during the short:
term period of the leasg extension, no cumulative impacts will occqf. Therefore, there will be no successive projects of the same type in the same place over time and no resultant associated cumulative impacts.
(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

The Federal Bureau of Safety and Environmental Enforcement (BSEE) has regulatory authority to oversee maintenance, repair and safety-related planning for offshore Platforms Gail and Grace, and the associated pipelines. BSEE has reviewed recent available information regarding the condition and integrity of the subject pipelines including integrity testing and internal/external corrosion reports spanning the last six years. ln reviewing the inspection results, BSEE concluded the pipelines are currently in satisfactory operating condition and no corrective actions are necessary (letter from BSEE dated September 3, 2015).
ln addition to BSEE input on the pipelines' operational integrity, third-party engineering consultant Robert Brown Engineers (RBE) provided detailed review of Ellwood Pipeline, lnc.'s previous and most recent pipeline test data. From this review, RBE concluded that the pipelines are currently fit for service, are operated at pressures well below their maximum allowable, and are not in any imminent danger of failure (RBE letter dated December 9, 2016, attached).

There will be no physical alteration or expansion of the existing use, After the assignment to Chevron and during the 60-month lease extension, the same facilities will be operated under the same parameters as currently operating, with more limited use of the oil pipeline since it will be used for transporting materials related to decommissioning activities rather than oil resources. While a portion of the pipelines is located in proximity to a Seal Rookery, the fact that BSEE and RBE have reviewed J
t6192r04
inspection reports and test data for the pipelines and concluded that they are in satisfactory operating condition demonstrates that there is not a reasonable pbssibility that this 60-month extension of the Lease Agreement allowing the continuation of existing conditions..will have a significant effecion the environmlnt. Furthermore, the lease extension will not alter the -existing
environmental baselinb. For the exception to
apply-, the activity must present unusualiircumstances and there must be a reasonabte possibility that the activity will have a significant effect on the environment. Since there is no reasonable possibility that the Lctivity will have a significant effect on the environment, this exception is inapplicable. (d) Scenic Highways..A categorical exemption shall not be used for a project which may.result in damage to scenic resources, including but notiimited to, trees,. historic buildings, rock outcroppings, or siriilar resources, within a highway officially designated as'a state scenic highway. This does not apply to improvements which are required as mitijation by an adopted negative declaration or certified ElR.

This project is not visible from any scenic highways. Therefore, this exception does not apply. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list cornpiled pursuant to Section 65gG2.S of the Government Code.

This project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Governrnent Code. Therefore, it is nbt located on a hazardous waste site and this exception does not apply. (0 Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

This project does not involve any historical resources. Therefore, this exception does not apply.
ln conclusion, none ol !" exceptions to the categorical exemptions pursuant to Section 15300.2 of the state CEQA Guidelines apply to this project, 4 I ti 192 1Un
4952 WARNER AVENUE . SUITE 217
HUNTINGTON BEACH, CALIFORNIA 92049
o14) 84G5@3 FN( {714) 846€367
E-MAIL: [email protected]
Robert Bnown f,ngineers
December 9,2016
237-3-3
Venoco: Santa Clara Unit
Lease Renewal Assessment
Mr. Dave Durflinger

CITY OF CARPINTERIA
5775 Carpinteria Avenue
Carpinteria, CA 93013
Dear Dave:

As requested, we have cornpleted the review of the responses to the review comments as well as the updated support docunrents provided in the Venoco letter, dated September 2A, 2016 to assess the current, short term integrity of the Venoco's Santa Clara Ullit, 10" Gas Pipeline (M-l) and the 10'112" Oil Pipeline (M-2) transporting Gas and Oil between the Offshore Platforms and the facility in Calpinteria.

Based upon the review of the additional documents provided and the original submittals, it is concluded that currently, both, the 10" Cas Pipeline (M-l) and the l0f'/12" Oil Pipeline (M-2) transporting Gas and Oil between the Offshore Platforms and the facility in Carpinteria are not in atry imminent danger of failure. This cunent, shoft terrn assessment is based upon the following:
o None of the metal loss auomalies identified by the recent Smart Pig Surveys require any derating of the pipelines. The pipelines are fit for service for their specified Maximum Allowable Operating Pressure (MAWP) for eaeh pipeline.

The normal operating pressures for both pipelines are well below the specilied MAWP for each pipeline.

The gas pipeline is now transporting PUC quality fuel gas for platform usc instead of sour gas f,ronr platform to shore. The PUC quality gas is dry and not corrosive.

The Altachment I summarizes the document.s review and the Attachment II provides detail review comments for thc each of the docunrenls reviewed.

I
mffi
a
a
It is recommended that the city require Venoco to address the following:
o Provide justification,for the significant revisions to the Gas Pipe line Smart pig Survey Reports resulting in the significant reduction in the number of anomaliejand their..urriii... o HavE pro'active repair and maintenance program. All40o/o or mole metal loss anomalies need to be confirmed or repaired, The tool tolerancetf l}%-|s%makes them more vulnerable to failure. o Revalidate the Pipeline Specific Operations Manuals (PSOMs) in a timely manner. pfIMSA requires these manuals to be revalidated annually. Address the review cornments provided in the attachmenl.
' Provide the latest re-validated Process Hazards Analyses (PHA-[L{ZOPS) for both pipelines including the Actions required and their resolutions.
' Incorporate the detailed review comments provided in the Attachment II, updating the documents.

Sincerely

ROBERT BROWN ENGINEERS
Jay Sheth -
JSftrs
Afiachrnents

ATTACHMENT I

DOCUMENT REVIEW SUMMARY
Gas Pipelins (M-l)
The Smart Pig Survey Reports (2013 and 2015) for the Gas Pipeline (M-l) has been revised. Both surveys now show significantly reduced number of anomalies with significant reduction in the metal loss and severity. As delineated in the attached specific comments, provide justification for these reduced corrosion anomalies reported in the revised suwey reports. The gas pipeline is now in a sweet gas (PUC quality) service. It transports the gas frorn the Carpinteria Facility for the Platform use. Since the Gas Pipeline no longer canies the Produced Gas to Shore and it Earsports sweet dry gas (no HzS or water) to the Platform (reverse flow), the gas pipeline should not be prone to intemal conosion.

However, environment for the external corrosion still exists.

Oil Pipeline (M-2)
Venoco has addressed and repaired both anomalies at the Platform. The ROV Surveys (201 I and 2013) show the pipelines are adequately protected by the Cathodic Protection for the extemal conosion.

Venoco states that the 50% anomaly at a log distance of 40,027.8' is well below any action "kigger".

However, this anomaly requires action as per 49 CFR Part 195.452(h) (4) (iii) (E) (Pipeline Integrity Management in High Consequence Area): 180-day conditions - An area of general corrosion with a predicted metal loss greater than 50% of the nominal wall.

The anomaly at82,077.4' is Extemal metal loss of 49.1%. Venoco states that this anomaly is not active and well below any action 'otrigger". This anomaly has increased from 43.7% in 2010 to 49.1% in2014.

This makes this anomaly active. Also, with the tool tolerance of +l-, this anomaly could be 59.1%, Venoco should pro-actively evaluate this anornaly.

Venoco is due for 2016 Smart Pig survey for this pipeline. Venoco may have conducted the survey.

Provide the 2016 Survey Report for review. This survey would provide the status of these anomalies to ensure the continued M-2 pipeline integrity.
2015 Side Scan Sonar Suruey
The Side Scan Sonar (SSS) Survey for the pipelines do not show any excessive free spans. As per the attached comments, validate the maximum allowable free spans for these pipelines.

Oil and Ges Pipelines: Pipeline Specific Operation Manuals (PSOMs) Venoco has updated the 2014 Gas and Oil Pipetines PSOMs Appendix IV and Appendix VII, respectively, However, Venoco has not addressed a nunrber of cornments provided and discussed in the City of Carpinteria letter, dated January 22,2016, Address these comments. Annually, these PSOMs are required to be re-validated in a timely manner, reflecting the current operation and regulations.

I
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t
I
r
(
t
I

ATTACHMENT II

DETAILED DOCMENTS REVIEW COMMENTS
APPENDIX I: May 8, 2015 M-l Gas Pipeline Smart Pig Surrey Report (Revised, Junc 23,2016) r Address what was revised from the original survey report submitted. The original report had 5 anomalies in the range o{ 40-45Yo with the deepest anomaly at 49o/o. All5 of these anomalies have disappeared in the new revised report. Now the deepest anomaly is 39a/o as opposed to 496/o and at a totally different location.

Address why the report was re-evaluated by the vendor with the results drastically different than the original report. With the reported anomalies with a threshold of 20o/, or greater, the anomaly count has reduced from 173 (original report) to only 6l (the revised report). The Executive summary does not provide details for this reevaluation. Include the basis and justification for this re-evaluation in the Executive Summary.

APPENDIX II: May 18,2013 M-l Gas Pipelinc Smert Pig Suney Report (Revised June23,2016) r Address what was revised from the original survey report submitted. The original report had the deepest anomaly 45%. However, the revised Survey reported the deepest anomaly of 32%o.I'his 45% anomaly is now reported to be only l8% deep.

The 32% deep anomaly is at a different location.

Address why the report was re-evaluated by the vendor with the results drastically diffcrcnt than thc original rcport? With thc rcported snomslies with a threshold of 20% or grrater, the anomaly count has reduced from 150 (original report) to only 45 (the revised report). The Executive summary does not provide details for this reevaluation. Include the basis and justification for this re-evaluation in the Executive Summary.
a
a
a 'fhe survey reported about 17,670 ft with the velocity exceeding the l0 fflsec criteria which is about 22a/o of the run (total survey length of 81,831 ft). within these over speed sections, normal tool tolerances may not apply and the results may not be valid Provide assurance that the pipeline integrity is not affected by these velocity criteria exceedances.

I
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i
APPENDIX III: side scan sonar Pipeline Inspection survey, April r4-28,201s The 2015 Side Scan Survey did not report any free spans exceeding the maximum allowable free span limit. Tlie 201I ROV Survey Report states that the maximum allowable free span for the oil pipeline is 126'73' . However, Venoco September 20,2016 response letter states that the maximum allowable free span for this pipeline is 166'. Confirm and validate the maximum atlowable free span with the 4 2
calculations.

APPENDIX lV: 2016 Gas Pipelines - Pipeline Specific Operations Manual (PSOM) The 2016 Gas Pipelines PSOM Manual has been updated from the 2014 PSOM submitted witb the originalsubmittal in December 2015, As per Venoco, currently this pipeline is in sweet gas (PUC Quality, dry gas) service with the gas flowing (in reverse direction) from Shore to Platform Grace. This is not reflected in the 2016 PSOM, A number of review comments provided forthe 2014 PSOM revision in the City of Carpinteria's letter, dated January 22,2016 have not been addressed. Address the comments provided below, a majority (if not alL) of them have been repeated from the 2014 PSOM review cornments and these are not merely "grammatical correction" comments, General Comment: The PSOM does show the change in servicer Sweet Gas from Shore to the Platform from Produce Gas from the Platform to Shore. Update the description.

TOC, Page I of l: For Section 17.10, correct, "Bureau of Ocean Energy Management Regulation, and Enforcernent (BOEMRE)" [o 'nBureau of Safety, Environment and Enfbrcement (BSEE)".

Section 17.02,Page2 of 2, Outside Agencies, #4: Corect, "Bureau of Ocean Energy Management Regulation, and Enfbrcement (BOEMRE)" to "Bureau of Safety, Environntent and Enforcernent (BSEE)",
Section 17.03, Page 2 of 9: Under the Maximum Allowable Operating Pressure, ANSI 600# has a rating of I,440 psig. If the 740 psig MAOP is based upon the flange rating, than the correct flange rating to ANSI300# which rated for 740 psig. tJpdate the PSOM.

Section 17.03, Page 3 of 9: Since the M-1 pipeline is now sending sweet gas to Platform Grace, update the title and facility name to "Carpinteria Cas Plant to Platform Grace Pipeline (M- 1)" and "Shore to Grace Pipeline (M-l)", respectively.

Section 17.03, Page 5 of 9: Provide the type of External Protective Coating details for the M- I Pipeline,
Section 17,03" Page 8 of 9: For M-29, it stptes, ".the pipeline is limited by the pressure rating of 600# flanges. Therefore, the MAOP for M-29 = 1415 psig". However, Section 17,03,Page7 of 9 (see comment, #2 above) shows the MAOP of 740 psig; 300# flanges have the 740 psig rating.

Update the PSOM.

Section 17.03, Page 8 of 9: Based upon the P - 1,188 psig, the Sn is calculated to be 1,188 x 10,75/2 (0.365) :17,495 psig and the percent of SMYS is calculated to be 17,495/35,000 = 50Yo.

Update the PSOM,
Section 17.05.6C, Page 3 of 3: Section 403.3 is not included in the PSOM. The tlaring at Plarform Grace is not discussed in this PSOM. Update the PSOM. 5 J
4 5
6 7
I
9 Section 17.07 , Page I of I ; The DOT Inspection and Report Schedules are not provided on the following page, as stated. Provide and include them in thls psotr,t.

Section 17.08.1 1, Page 3 of 7: For the consistency, provide sirnilar guidelines Table as provided in the Ilazardous Liquid Pipelines PSOM.

Section 17.08.1lE, Page 5 of 7, lst paragraph: Update, "Actions that shoulcl be taken,'to 'nActions that shall be taken".
section 17.08,1 I G, Page 6 af 7 , l " paragraph: update, ,.the operator should" to ,othe operator shall".

Section I 7.08' 12, Page 7 of 7: For consistency, provide similar table for details as provided in the Hazardous Liquid Pipelines PSOM.

Section l7'08.128, Page 7 of 7: There are no pipeline pumps tor the gas pipeline. Delete, the "pumps".
!1tion 17.09.1, Page I of 3: This section cites all Hazardous Liquid Pipeline requirements,4g CFR Part 195 Sections and not the Ga^s Pipeline requirernents, +9 CFR -part
l92Sections. Update
the PSOM.

Section n,A9.4, Page I of 3: Provide copy of the Hazard Analysis (HAZOP/MOC) for review, updated with the change in service (pUC gas to the platform).

Section 17.09-5, Page I of 3, Summary Contents: All cited references are for the Hazardous Liquid Spilt and not for the Gas Release. Update the table with the appropriate 49 CFR part 192 Sections.

Section I 7.09' 1 l, Page 3 of 3, 2nd and 3'd Paragraphs: There is no oil spill (or. spill) associated with the gas pipeline, Update the PSOM for the gas release instead of a liquid spili.

S_ection 17 .09 '12, Page 3 of 3 : The reference Section 195,402(e) (8) for Pipeline Transfer ol Highly Volatile Liquid is not valid for the gas piperine. updare the psoM. section I 7. I 0, l, Page I of 4, Reference Tabre r 7. I 0-l : For the gas pipeline, t0.

I l.

12. l3

14. i5

16. 17.
l8
t9
2A
o For MAOP, delere I ) ANSI Code B,3l ,4, Liquid.
r For Valve and Pressure Device Maintenance, delete in 5) Oil Pumps. r For Valve and Pressure Device Maintenance, delete in 6) witnessed by SLC staff, since this table is a BSEE requirement,
APPENDIX v: 20I6 Dor Gas Pipeline operations & Maintenance procedures ln 2016' the DOT Gas Pipeline Operations & Maintenance Procedures have been uprJated as per the 6 meeting the PHMSA and CPUC requirements.

APPENDIX VI: 2016 DOT Hazardous Liquid Pipeline Operations & Meintenance Procedures In 2016, the DOT Gas Pipeline Operations & Maintenance Procedures have been updated as per the PHMSA meeting the PHMSA and CSFM requirements.

APPENDIX VII2016 Oil Pipelines Specific Operations and Manual (PSOM) This manual (assigned as Appendix VII) was submitted by Venoco via email on October 20, 2016 since it was not included in the Septernber 20,2016 submittal. The 2016 Oil Pipelines PSOM Manual has been updated from the2014 PSOM submitted with the original submittal in December 2015. A number of review comments provided forthe 2014 PSOM revision in the City of Carpinteria's letter, dated January 22,2016 have not been addressed. Address the comments provided below, a majority (if not all) of them have been repeated from the 2014 PSOM review comments and these are not merely "grammatical correcti on" comments.

Section 17.01.1, Page I of 2: The cited reference, 192.402(c) (13) is forthe Gas Pipeline. Use and update the PSOM with appropriate reference for the Hazardous Liquid Pipeline.

Section 17.01.4, Page I of 2, ltt Paragraph: Conect, "49 CFR Partl92" to "49 CFRPart 195" for lhe Hazardous Liquid Pipeline, The t 968 Natural Gas Pipeline Safbty Act referenced for the Hazardous Liquid Pipeline is not relevant. Update the PSOM.

Sections 17.03, Page 7 of 9: Correct, "49 CFR 192.619" to appropriate 49 CFR Part 195 Section, Entire Section 17.05 has been revised; however, the revision date is not updated from 3/2014.

Update the revision date.

Section 17.05.44, Page I of 6: Update, "should" to "shall" (3 places).

Section 17.05.5C, Page 3 of 6: Updats "will" to "shal[" in (A), (C) and (E) where appropriate.

Section 17.05.6,4', Page 4 of 6: Update, "would" to "shall" in (A)" (B), (c) and (D)' Section 17.05,6A-1, Page 4 of 6: Update,'owould" to o'shall" in (A), (C) and (D).

Section 17.05.6C-l ,Page 6 of 6: Update, "will" and "should" to "shall" in (A).

2. 3
4 5.

6. 7,

8. 9.
r0.
lt
Section I7.07A, DOT Inspection and Report Schedule: Provide DOT Inspection and Report Schedules for the Hazardous Liquid Pipeline, The schedules provided are for the DOT Gas Pipelines, such as Gas Integrity Management (IMP) and not the Hazardous Liquid Management (tMP). Conect, "MMS" to "BSEE''in the schedules provided (11 places). Define "PSA".

Section 17 .09.4, Page I of 4: Provide copy of the re cent Hazard Analysis (HAZOP/IvIOC) for review.
7 United States Departrnent of the Interior
B ti Rlir\U OF S A FETY ;\N D ENV tRONivl ENTAI- EN FORCEM ENT PACIFIC OCS Rh:CION
7fi{} Ptseo Clntarillo. Suite l()?
Cartrarillo, CA 930 I 0-60(14
FEB I O ?817
Mr. Peter Cantle
Deputy Director
County of Santa Barbara
123 East Anaparuu Street
Santa Barbara. CA 93101-2058
Ite: Pipeline lntegrity, Platlbrnr Grace to Shorc
Dear Mr. Cantle
Thank you for your inquiry'regarding the integrity'of the Platlbnn Crace"to-shore oil and gas pipetinis. The Brueau of Safety and Environmental Enforcenrent (BSEE) Pacilic OCS Region. bfn". of Strategic Operations, has a comprehensive pipeline inspection program that requires operatorc to use both internal and external iuspection teclurologies in concert to assess and maintain the overall integrity of pipelines, In acldition. the pipelines have a cathodic protection system in place with anodes strategically placed along the pipelines to reducs conosion. The Platform Grace pipetilles are regularly inspected, and there have been no findings of apparent problems and thus no remedial action or further analysis is required based on the last several sets of inspection results. External inspection surucys for tlre 12" oil and 10" gas pipelines. and an internal inspection survey of the 10" M-l gas pipeline repons are due to BSEE in 2017.

Please contact me at (805) 384-6334, or at labil.rnasrifi}bsec.gor,. ilyou have any questions.

Sincerely.

M/fi^";
Nabil F- Masri
Regional Supervisor
0ffice of Strategic Operations
cc Mr. Chris Floidal. Regional Director
12300 W. Dakota Ave., Ste. i l0
Lakewood, CO 80228
Ms, Marina Voskanian" P. E.. Division Chief
200 Oceangate, l2th Floor
Long Beach, CA 90802'4331

ATTACHMENT C
v
Kevin Cruz
Land Representative
August 22,2023
The City of Carpinteria
Attn: Aida Thau
5775 Carpinteria Avenue
Carpinteria, CA 93013
Re: OLS 958021 - Requested Extension of Lease dated Sentember 27. 1965 between Countv of Santa Barbara and Standard Oil Comnanv of California
Ms. Thau:

As you are likely well aware, Chevron U.S.A. Inc. ("Chevron") and the City of Carpinteria ("City") are both successors in interest to a lease dated September 27, 1965 between the County of Santa Barbara and the Standard Oil Company of California that pertains to a parcel of land 50 foot wide that extends approximately 18,266 feet from the coastline to platform Hope and an additional 3,780 feet from platform Hope to platform Heidi (the "Lease"). The Lease has been amended four times, most recently in a document dated January 4,2018 ("Fourth Amendment to Lease") in which Paragraph 1 of the Lease was deleted and replaced with the following language:
"1. That the term of this agreement shall commence on September 27,1965, and shall continue thereafter (unless sooner terminated as herein provided) until September 26,2023, after which Lessee may seek City's consent for an extension if necessary due to federal requirements to conclude activities described in Paragraph 4." The Fourth Amendment to Lease also amended Paragraph 4 of the Lease, which was deleted and replaced (in part) with the following language:
"4. The purpose ofthe Lease is to allow Lessee the right to use the gas pipeline described in Subsection 4.1 below to continue to supply natural gas from shore to fuel electric power generators on Platform Grace and Platform Gail in the federal Santa Clara Unit and to use the oil pipeline described in Subsection 4.2 below to facilitate decommissioning activities including plugging and abandonment ("P&A") of offshore wells and facilities associated with Platforms Gail and Grace by transporting water mixed with hydrocarbons and mud (waste water) resulting from decommissioning and P&A operations to an onshore tank for proper disposal. Lessee's use of the pipelines will cease once decommissioning and P&A activities conclude, and Lessee will thereafter decommission the pipelines in accordance with all applicable laws and regulations and the Lease...." Due to the upcoming expiration of the Lease on September 27,2023, Chevron is requesting a3-year extension to retain its pipelines for the purpose of performing the decommissioning and abandonment of the oil and gas platforms, wells, pipelines, and appurtenant facilities. I have attached both a copy of the Fourth Amendment to Lease (including the Lease and three previous Amendments) as well as a proposed Fifth Amendment to Lease for your review and approval.

West Coast Decommissioning Program
Chevron U.S.A. lnc.

Tel 7 1 3-372-9909 Cell 412-216-7079
[email protected]
August 22,2023
Page2 of2
If you have any questions or concerns, or would like to discuss this matter, feel free to reach out to me at either 412-216-7079 and/or emailing me at [email protected]. Thank you very much for your time and I look forward to your reply.

Respectfully,
Kevin Cruz
Land Representative
West Coast Decommissioning Program
West Coast Docommissioning program
Chevron U.S.A. lnc.

Tel 71 3-372-9909 Cett 412-216-7079
kevi ncruz@chevron. com

ATTACHMENT D

FIFTH AMENDMENT TO LEASE
THIS FIFTH AMENDMENT TO LEASE ("Fifth Amendment") is made on this llth day of September, 2023,by and between the City of Carpinteria, a general law city C'City" or'ol-essor"), and Chevron U.S.A. Inc., a Pennsylvania Corporation ("Chevron" or "Lessee") (City and Chevron are referred to collectively as "Parties"), with reference to the following facts:

A. In 193 l, the State of Califomia granted to the County of Santa Barbara, in trust, certain tidelands and submerged lands extending from Sandyland Point to Rincon Creek; and B. On September2T,1965,the County entered into a fifty (50) year LeaseAgreement (hereinafter "Lease"; the term "Lease" shall include all subsequent amendments described below) with Ellwood's predecessor in interest, Standard Oil Company of Califomia, for a portion of the tidelands and submerged lands, to be used for submerged pipelines and appurtenances; and
C. In 1968, the State of Califomia Legislature adopted Chapter 1044 of the Statutes of 1968 confirming City as the successor in interest to the County in that portion of tide and submerged lands located within City boundaries; and
D. As to the Lease, City is the successor in interest to the County and Chevron U.S.A. Inc. was the successor to Standard Oil Company of Califomia; and
E. By that certain Consent to Assignment of Pipeline Lease and Amendment Thereto between the City and Ellwood, dated January 30, 2002 ("First Amendment"), City consented to the assignment of the Lease by Chevron U.S.A. Inc. to Ellwood Pipeline, Inc. ("Ellwood"), and City and Ellwood agreed to anumber of amendments to the Lease; and
F. On or about September 10,2015, City and Ellwood extended the term of the Lease for a period of eighteen (18) months, through March 26,2017, and on or about March 13,2017, extended the term for an additional period of eighteen (18) months, through September 26,2018, in order to determine the feasibility of a new long-term Lease Agreement; and
G. On or about April 17 , 2017 , Ellwood filed for Chapter I I bankruptcy; and H. By that certain Consent to Assignment, Assumption and Performance, and Fourth Amendment to Lease between the City and Chevron, dated January 4,2018 ("Fourth Amendmenf'), City consented to the assignment of the Lease by Ellwood to Chevron, and City and Chevron agreed to a number of amendments to the Lease; and
t. The Fourth Amendment extended the term of the Lease for a period of five (5) years, through September 27,2023, in order to facilitate decommissioning activities including plugging and abandonment of offshore wells and facilities associated with Platforms Gail and Grace; and J. City is willing to extend the term of the Lease for an additional three (3) years, through September 26, 2026, for the purpose of Chevron continuing to perform the decommissioning and abandonment of the oil and gas platforms, wells, pipelines, and appurtenant facilities, subject to the terms and conditions contained herein.

NOW THEREFORE, in consideration of the promises, covenants, and conditions contained herein, the Parties agree to amend the Lease as follows:
l. True and Correct Recitals. The above stated recitals are true and correct, and are incorporated herein by reference.

2. Process Fee. Concurrently with the execution of this Fifth Amendment, Chevron shall pay to City a non-refundable fee of five thousand dollars ($5,000) to reimburse City for its cost in preparing and processing this Fifth Amendment. Chevron acknowledges that the fee is not applicable against rent or any other charge or fee under the Lease. Chevron acknowledges that City will bill Chevron separately for staff time or costs that exceed this amount.

Page 1 of 3 ends

5. 3. Amendment of Lease. The Lease is hereby amended as follows:
(a) Paragraph I of the Lease is deleted in its entirety and replaced with the following:
"1. That the term of this agreement shall commence on September 27,1965,and shall continue thereafter (unless sooner terminated as hereinafter provided) until September 26,2026, after which Lessee may seek City's consent for an extension ifnecessary due to federal requirements to conclude activities described in paragraph 4."

4. Insurance. Within 90 days after execution of this Fifth Amendment by both City and Chevron, Chevron shall provide evidence of satisfaction of the insurance requirements required by the Lease.

Lease Remains in Full Force and Effect. It is expressly understood that in all other respects, the terms and conditions of the original Lease agreement, dated September 27, lg65,the Conseni to Assignment of Pipeline Lease and Amendment Thereto, dated January 30,2002, the Second Amendment to Lease Agreement, dated September 10, 2015, the Third Amendment to Lease Agreement, dated March 13, 2017, and the Fourth Amendment to Lease Agreement dated January 4,2}ll,shall remain in full force and effect. The Fourth Amendment to LeaseAgreement, which includes the ThirdAmendment, Second Amendment, First Amendment, and original Lease as attachments, is attached hereto as Attachment One. This Fifth Amendment is subject to, and made a part of; the Lease as amended hereby.

ISIGNATURES ON NEXT PAGEJ

Page 2 of 3 ends

IN WITNESS WHEREOF, CITY and CHEVRON have executed this FifthAmendment by the respective authorized officers as set forth below to be effective as of the date executed by CITY. :?+}K CARPINTERIA
ATTEST: By
Al Clark, Mayor
Brian Barrett, City Clerk
APPROVEDAS TO FORM:

By: Jena S. Acos
Brownstein Hyatt Farber Schreck LLP
acting as City Attomey for the
City of Carpinteria
"LESSEE"
CHEVRON U.S.A.INC
By:

Name:Walid Masri
Title: Attorney-in-Fact

Page 3 of 3 ends

ATTACHMENT E
Gite specific CEQA and/or CEQA Guideline Section:
15261(b) ON ING PROJECT
Reasons to support exemption findings: An ongoing private project shall be exempt from CEQA if the project received approval of a lease, license, certificate, permit, or other entitlement for use from a public agency prior to April 5, 1973. Here, a lease between Ellwood Pipeline, lnc. (as successor in interest to Standard Oil Company of California) and the County of Santa Barbara was executed on September 27, 1965 to allow for the installation and operation of two 1O-inch pipelines through the three-mile area of submerged lands within state waters. ln 1968, upon grant to the City of a portion of State tidelands previously administered by the County, the City acceded to the County's rights in the Lease as it relates to that area within the tidelands granted to the City in trust. The City subsequently executed a 60-month extension and assignment to Chevron, allowing Chevron to operate private facilities on submerged lands held in public trust by the City.

The City Council's approval of an amendment to extend the term of the Lease Agreement is statutorily exempt from CEQA pursuant to Section 15261 of the CEQA Guidelines because it will allow the continued use of the two existing submerged oil and gas pipelines, with no change to facilities and no expansion of use beyond what was originally approved in the Lease Agreement. The use of the oil pipeline will be more limited in that it will no longer be used for oil production. The liquid line is currently out of service, and has been flushed, pigged, and is full of untreated sea water. The gas line is currently transporting utility gas from SoCalGas to Platform Gail to run turbines for power on the platform. Chevron only will use the gas line to transition Platform Gail from continuous to intermittently manned as it moves toward decommissioning of the the pipelines and offshore facilities.

Gite specific CEQA and/or CEQA Guideline Section:
15061(bX3) REVIEW FOR EXEMPTION
Reasons to support exemption findings: A project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. "Significant effect on the environment" is defined in the CEQA Guidelines as "... a substantial, or potentially substantial, adverse change in the environment." Whether the project will have a significant effect is determined by comparing the effects of the project to the environmental baseline existing at the time the project is reviewed and considered. Ordinarily, ongoing activities occurring at the project site at the time environmental review begins are treated as a component of the existing conditions baseline.

The existing conditions here include the ongoing operation of the pipelines approved by the original Lease Agreement. The extension of the existing Lease Agreement to allow continued use of the existing gas pipeline and use of the oil pipeline for decommissioning activities, under the same parameters as currently operated, does not involve any change 1 26022809.1
in present conditions, and, therefore, does not have the potential to cause a significant effect on the environment when compared against the existing conditions. No new facilities will be installed and the historic and ongoing operation oithe pipelines will only be more limited in that.the oil pipeline will no tongeiOe used for production. Therefore, the extension does not have the potentialto causJa significant effect on the environment and the action is exempt from CEQA review pursuint to CEQA Guidelines Section 15061(bX3).

Furthermore, the Federal Bureau of Safety and Environmental Enforcement (BSEE) has regulatory authority to oversee mainlenance, repair and safety-related planning for offshore Platforms Gail and Grace, and the associated pipelines. gsef has reviewed the recent available information regarding the condition and integrity of the subject pipelines including integrity testing and internal/external corrosion r"-port. spanning the iast six years. ln reviewing the inspection results, BSEE concluded tne pipJtines are in lltlFclorv operating condition and no corrective actions are necessary (letter from BSEE dated September 3,2015). Based on the positive inspection results, the ongoing maintena.nce program carried out by the operator, the lack of previous incidents/spilli ani the positive operational record of the applicant, there is no possibility that during the extension there will be any significant impact on the environment.

Cite specific GEQA and/or CEQA Guideline Section:
1 5301 EXISTING FACILITIES
Reasons to support exemption findings: As defined in the California Environmental Quality Act (CEOA) guidelines, Section 15301 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical feitures, involving negligible or no expansion of use beyond that existing'at1he time of the lead determination. The extension of the existing lease will p-rovide "g"n.y'I forthe continued op6ration, repair, maintenance and leasing of existing private facilities under the same paiameters as currently operated, with more limited use of the oil and gas pipelines. There will be no physical alteration or expansion of the existing use reiulting from the action, and, therefore, the Lease Agreement extension is eiempt from CgOn in accordance w1h Section 15301 .

Exceptions to the exemptions not applicable: ln addition, there is no substantial 9yi_O91ce that any of the exceptions to the exemptions contained in Guideline Section 15300.2 apply to the proposed action, as explained below. (a) Location. Glasses 3,4,5,6, and 11 are qualified by consideration of where the proiect is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive eivironment be significant. Therefore, these ctasses are considered to apply all instances, except where the project may impact on an environmentll resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federil, state,-or local agencies. 2 26022809.'l
The pipelines' locations are not identified as an environmental resource of hazardous or critical concern where designated, precisely mapped and officially adopted pursuant to law by federal, state or local agencies and the City is not relying on the exemptions in Classes 3,4,5,6 and 11.
(b) Cumulative lmpact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

The available Federal oil and gas leases in the area of Platforms Gail and Grace have been developed. lt is highly unlikely that additional platforms will be constructed during the term of the Lease Agreement extension that have the potential to result in additional transmission pipelines in the area. There are no other oil and gas pipeline systems in the area that have been extended or renewed, or will be extended or renewed by the City or the County of Santa Barbara within the term of the Lease Agreement. Further, the subject lease is being extended to allow Chevron to plug and abandon the wells on these platforms, after which the subject pipelines will cease to be used. Because successive projects of the same type in the same place are unlikely during the short-term period of the lease extension, no cumulative impacts will occur. Therefore, there will be no successive projects of the same type in the same place over time and no resultant associated cumulative impacts.
(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

The Federal Bureau of Safety and Environmental Enforcement (BSEE) has regulatory authority to oversee maintenance, repair and safety-related planning for offshore Platforms Gail and Grace, and the associated pipelines. BSEE has reviewed recent available information regarding the condition and integrity of the subject pipelines including integrity testing and internal/external corrosion reports. ln reviewing the inspection results, BSEE concluded the pipelines are currently in satisfactory operating condition and no corrective actions are necessary (letter from BSEE dated September 3, 2015).
ln addition to BSEE input on the pipelines' operational integrity, third-party engineering consultant Robert Brown Engineers (RBE) provided detailed review of Ellwood Pipeline, lnc.'s previous and most recent pipeline test data in 2016. From this review, RBE concluded that the pipelines are currently fit for service, are operated at pressures well below their maximum allowable, and are not in any imminent danger of failure (RBE letter dated December 9,2016, attached).

There will be no physical alteration or expansion of the existing use. After the Lease Agreement extension, the same facilities will be operated under the same parameters as currently operating, with more limited use of the pipelines since they will be used for J
26022809.1
transporting materials related to decommissioning activ1ies rather than oil resources.

WIlq a portion of the pipelines is located in proximity to a Seal Rookery, the fact that BSEE and RBE have reviewed inspection reports anO test data for thq pipelines and concluded that they are in satisfactory operating condition demonstrates that'there is not a reasonable possibility that this extension of the Lease Agreement allowing the continuation of existing conditions will have a significant efeit on the environirent.

Furthermore, the Lease Agreement extension will not alter the existing environmental baseline. For the exception to apply, the activity must present unusual circumstances and there must be a reasonable possibility that the-activity will have a signi1cant effect on the environment' Since there is no reasonable possi-bility that the activity will have a significant effect on the environment, this exception is inapplicable. (d) Scenic Highways. A categoricat exemption shall not be used for a project which may result in damage to scenic resources, including but notiimited to, trees, histo_ric buildings, rock outcroppings, or similar r6sources, within a highway officially designated as a state sienic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified ElR.

This project is not visible from any scenic highways. Therefore, this exception does not apply.
(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compited pursuant to Section 65962.8 of the Government Code.

This project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Therefore, it is nbt located on a hazardous waste site and this exception does not apply.
(0 Historical Resources. A categorical exemption shall not be used for a project which may cause a substantiat adverse change in the significance of a historical resource.

This project does not involve any historical resources. Therefore, this exception does not apply.
ln conclusion, none olqe exceptions to the categorical exemptions pursuant to Section 15300.2 of the State CEQA Guidelines appty to this project. 4 26022809.1
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 11, 2023

ITEM FOR COUNCIL CONSIDERATION
Special Event Permit Application for the 2023 California Avocado Festival.

STAFF RECOMMENDATION

1. Approve the Special Event Permit Application for the 2023 California Avocado Festival.

2. Designate the area within the event footprint as a public park during the hours of operation pursuant to Carpinteria Municipal Code Section 10.68.010.

3. Authorize expenditures for special event law enforcement services and temporary traffic control and street cleaning services.

Sample Motion: I move to:

1. Approve the Special Event Permit Application for the 2023 California Avocado Festival.

2. Designate the area within the event footprint as a public park during the hours of operation pursuant to Carpinteria Municipal Code Section 10.68.010.

3. Authorize expenditures for special event law enforcement services and temporary traffic control and street cleaning services. (This motion requires a roll call vote.)

BACKGROUND
The California Avocado Festival is an annual community event operated by California Avocado Festival, lnc.
1 , in cooperation with the City of Carpinteria. In California, it is one of the largest free festivals that is held in a downtown center. The event also provides a major fundraising opportunity for local non-profit organizations. The Special Event Permit Application (Attachment A) is being presented to the City Council for its 1 As of September 5, 2023, the entity is in good standing with the State Franchise Tax Board and is exempt from tax under Revenue and Taxation Code (R&TC) Section 23701(f).

Special Event Permit Application for 2023 California Avocado Festival September 11, 2023

Page 2 ends

consideration to approve operation of the event in the City right-of-way, sales and serving of alcoholic beverages on public property, and authorization of expenditures from City funds in order to pay for a portion of the costs associated with providing special event law enforcement services from the Santa Barbara County Sheriff's Department and temporary traffic control and street cleaning services from the Public Works Department. The event site plan is an exhibit to the attached Application.

DISCUSSION
The Special Event Permit Application, as shown in Attachment A, proposes an event schedule from Friday, October 6, 2023, to Sunday, October 8, 2023. The proposed event footprint, which has been the same for many years, includes Linden Avenue between Carpinteria Avenue to the north, Sixth Street to the south, and portions of intersecting streets within the event footprint area. Linden Avenue would be closed on the morning of Thursday, October 5, for preparation and set-up and is expected to be reopened to vehicular traffic late Sunday night, October 8. On Friday, October 6, the event is proposed to operate from 1 :00 p.m. to 10:00 p.m. On Saturday, October 7, the event is proposed to operate from 10:00 a.m. to 10:00 p.m. and on Sunday, October 8, from 10:00 a.m. to 6:00 p.m.

For electric power sources, the event proposes to provide most of its own power by portable power generators. For sanitary facilities, the event proposes to provide portable hand washing and urinal/toilet facilities and janitorial services. The City public restrooms at Parking Lot #1 (Ninth Street) and Parking Lot #3 (Fifth Street) would be closed during the event.

The Special Event Permit Application is requesting for alcoholic beverage sales and serving to be allowed until forty-five (45) minutes prior to closing on each day of the event within a designated portion of Linden Avenue and intersecting streets extending from Eighth Street to Ninth Street/Wullbrandt Way. The applicant's Alcoholic Beverage Control (ABC) license application is consistent with the Special Event Permit Application. Hours of operation that are proposed for alcoholic beverage sales and serving are from 1 :00 p.m. to 9:15 p.m. on Friday, from 11 :00 a.m. to 9:15 p.m. on Saturday, and from 11 :00 a.m. to 5: 15 p.m. on Sunday.

The Special Event Permit Application is also requesting for special event law enforcement services from the Santa Barbara County Sheriff's Department and temporary traffic control and street cleaning services from the Public Works Department. This service request is also consistent with last year's California Avocado Festival.

Law enforcement patrol services will be supplemental to regular City patrol services and include foot patrol in the Festival footprint as well as surrounding adjacent streets. The Santa Barbara County Sheriff's Department and Public Works Department, as well as the Carpinteria-Summerland Fire Protection District and Community Development Department Code Compliance Division, coordinate with California Avocado Festival Inc.

Special Event Permit Application for 2023 California Avocado Festival September 11, 2023

Page 3 ends

in developing the event action plan (EAP). The EAP is a central document in managing the emergency response to an incident. The EAP was prepared by the CarpinteriaSummerland Fire Protection District as the lead agency of incident command.

POLICY CONSISTENCY
A. Special Event Permit
With any special event, public health and safety are priorities to the City.

Provisions that are taken to protect public health and safety include, but are not limited to:

1. Mandatory Food Safety Meeting and Inspections- The applicant facilitates an annual meeting with the Santa Barbara County Public Health Department in order to advise event food vendors on food safety requirements for outdoors.

Health inspectors visit each food vendor booth prior to serving food to the public.
2'. Mandatory Alcoholic Beverage Servers Training- All volunteers that serve alcoholic beverages are required to participate in the State of California ABC server training. The server training is intended to minimize public intoxication and violations of alcohol regulations.

3. Event Security- The applicant is responsible for providing qualified private event security services.

4. Public Safety- The applicant pays for special event law enforcement services provided by the Santa Barbara County Sheriff's Department. An event safety area that is operated by the Santa Barbara County Sheriff's Department, Carpinteria-Summerland Fire District, and trained volunteers, provides public safety information and also serves as a central location for paramedic/emergency medical services and lost-and-found.

5. Hours of Operation- The applicant must operate the event that fits with the character and interests of the Carpinteria community. For recurring events, the organizer must make adjustments as needed in order to improve the event in meeting the expectations of the City and the community. Hours of operation, entertainment, vendors, and other aspects of event operations must be reviewed by City staff for public health and safety requirements.

Also, event rules are reviewed for the incorporation of the prohibition of animals except for legally registered service animals and emotional support animals, smoking, and other conduct determined to be inconsistent with the Carpinteria Municipal Code. The Special Event Permit requires the event rules to be posted at all entrances to the event.

B. Alcoholic Beverages
Special Event Permit Application for 2023 California Avocado Festival September 11, 2023

Page 4 ends

The City Council may allow alcoholic beverage sales and serving in the event footprint area by determining said area to be a public park. This determination would then allow alcoholic beverage sales and serving. Carpinteria Municipal Code Section 10.68.010 defines a special event as including any event in a public park where regulated alcoholic beverages are to be consumed. ABC would then issue a permit to the event subject to conditions and/or restrictions on the sale and serving of alcoholic beverages including defining the Alcohol Sales Permit footprint area and limiting the hours of sale.

C. Sanitary Facilities, Storm Water Pollution Prevention, and Recycling

1. Sanitary Facilities- Portable hand washing and urinal/toilet sanitary facilities and janitorial services are required to be provided by the event organizer.

2. Storm Water Pollution Prevention- Best management practices are required to be implemented at existing storm drain inlets within and adjacent to the event.

3. Recycling- Recyclables are required to be segregated from the event's solid waste stream. Vendors are prohibited from using non-recyclable, plastic takeout food containers. The applicant is also required to instruct vendors to avoid distribution of plastic-filmed bags and to document and report solid waste stream and recycling diversion amounts.

FINANCIAL CONSIDERATIONS
The estimated cost of special event law enforcement services for the 2023 Carpinteria Avocado Festival is $23,000. Should the City Council approve this request, the cost would be allocated from the Law Enforcement Program budget (Expense Account No. 101-171-5255) in the Adopted Fiscal Year 2023/24 Budget.

The estimated total cost of temporary traffic control and street cleaning services is $30,000. This includes staff overtime and contractor costs. The cost would be allocated from the Gas Tax Fund for the temporary traffic control and Measure A Fund for the street cleaning services.

The Community Development Department Code Compliance Division would perform normal duties in and around the event footprint area, which includes enforcing parking, bicycle, and skating regulations; and compliance with restrictions on vending. There would be no additional costs associated with these services.

The event's beneficial economic impact to the community has been discussed amongst the City Council in previous years in conjunction with the City's subsidy of the event.

One aspect to the economic benefit has been the opportunity of fund raising for local Special Event Permit Application for 2023 California Avocado Festival September 11, 2023

Page 5 ends

non-profit organizations. Further, it has been generally acknowledged in previous years that the event boosted sales and transient occupancy taxes.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Approval of the Special Event Permit Application results in the footprint of the event being designated as a public park and allows for the sale and serving of food and alcoholic beverages.

OPTIONS

1. Approve the Special Event Permit for the 2023 California Avocado Festival. (Staff recommendation)

2. Direct changes to the conditions and approve the Special Event Permit.

3. Deny the Special Event Permit Application.

PRINCIPAL PARTIES EXPECTED AT MEETING
California Avocado Festival, Inc.

ATTACHMENTS
Attachment A: Special Event Permit Application
Staff contact:

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

Licette Maldonado, Administrative Services Director :..;: Is;.;_/ _ (805) 755-4448; [email protected] Signature
Reviewed by:

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

ATTACHMENT A
Special Event Permit Application

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7276

5th Street
6th Street
7th Street 7th Street
8th Street 8th Street
Wullbrandt Way 9th Street
Carpinteria Ave Carpinteria Ave
shuttle Bus Stop
LindenAve

MAPREFERENCES
Parking
TrashBins(Rolling)
Dumpsters
DesignatedAlcoholAreaA
RTSandCrafts
Restrooms
HandSink
ElectricalCityKiosk
NoParking/
ReservedParking
FerrisWheel
Beer
Booth
Retail
Booth
13 11
LindenAve14
10 Beer
Booth
9 15S
EAL
STAGE

FOODVENUE
16 8
17 7
18 6519
20 Beer
Booth
4 21
MAIN
STAGELin
denAve
3 222
1 COMMERCIALNORTH
1 17161514131211
EXPO
TENT
GROTTO
TENT
SmartandFinal
RinconDesigns
Giannfranco’s
Pizza
Man
Dan's Old Sly’ s
OPEN
Palms

EJHARRISON
OaxacaFresh
Rori'sIceCream
LaughingBuddahLindenHouse
RiteAid
ARTS

COUNCIL
CarpArtsCenter
SenorFrog’s
Reynaldo’s
Nutbelly
CorktreeSushiTeri
WorkerBeeCoeeBean
Chrisman
California
Islands
Center

COMMERCIALSOUTH
YuccaLaneYuccaLane
CactusLane
987654321
YuccaLaneYuccaLane
CactusLane
Fire
CHILDREN’S VENUE
20 Sheri
Churro
Cart
Morning
Rotary
open
spaceto
enterart
center
Ticket
booth
Avocado
Sales
600Block
700Block
800Block
900Block
109876543
2 2023 California Avocado Festival
Project Description and Outline
4/13/23
Table of Contents

1. Concept & Overview 2

2. Hours of Operation 2

3. Site & Activities 3

4. Shuttle Bus Information 3

5. Parking Restrictions 4

6. Street Closures, Detours & Traffic Control 5

7. Alcohol Service 6

8. Police, Fire & Communications 6

9. Utilities, Sanitation, Trash, etc. 7

10. Insurance 8

11. Permits, Approvals 8

12. Key Festival Contacts 8
2023 California Avocado Festival
Project Description and Outline
4/13/23
2 1. FESTIVAL CONCEPT AND OVERVIEW
A. The California Avocado Festival is a community event designed to be a major fundraising opportunity for many local non-profits and service groups of Carpinteria Valley. It was also created as an annual festival for the enjoyment of the people of the State of California, for the promotion of avocados.

B. The Festival was organized in 1986 as a non-profit (501C-3) California corporation called the California Avocado Festival, Inc. The directors of the Festival are comprised of community members.

C. Historically, the Festival has drawn some 40-50,000 attendees during the three days. Visitors come primarily from all over Southern California. After the Festival was covered on the Food Network and the Travel Channel, our visitors come from all over the world.

2. HOURS OF OPERATION
A. The 37th Annual Festival will operate on Friday (10/06/23) from 1:00 PM to 10:00 PM, on Saturday (10/07/23) from 10:00 AM to 10:00 PM and Sunday (10/08/23) from 10:00 AM to 6:00 PM.

B. Preparation for the Festival begins Wednesday morning (10/04/23) with the placing of the canopies and tents for the food court along the 900 block of Linden Ave.

C. The Friday Festival will take place in the 700, 800 & 900 blocks of Linden. Food booths will be open and there will be music at the Seal Fountain, Grotto Stage, & Main Stage. Friday, the Festival will be open at 1 pm.

D. Arts and Crafts will be set up on Saturday morning, and open Saturday and Sunday 10:00 AM-6:00 PM. On the 600 Block of Linden.

E. Beer and wine sales manned by the California Avocado Festival will cease at 9:15 PM on Friday, 9:15 PM on Saturday and 5:15 PM on Sunday, (45 minutes hour prior to closing).

F. The music will stop at 10:00 PM on Friday, 10:00 PM on Saturday and 6:00 PM on Sunday.

G. All vendors will cease selling at 10:00 PM on Friday, 10:00 PM on Saturday and 5:30 PM on Sunday. 2023 California Avocado Festival
Project Description and Outline
4/13/23
3 3. SITE AND ACTIVITIES
A. Linden Avenue (900): Is a mixed use area, Commercial Booths, George Bliss Expo Tent and the High School Cheerleader’s serving guacamole using locally grown avocados.

B. Linden Avenue (800): Food Booths will be concentrated on the 800 block of Linden, leaving a clear zone around the fountain. The fountain area will be left for music presentations. There will be tables and chairs in front of the Seal Fountain Stage and also on Wullbrandt Way. The Festival beer and wine booths will be located on this block. One booth in front of Señor Frogs, 1 booth in front of the Carpinteria Arts Center and one on the side of Rite Aid.

C. Linden Avenue (700): Commercial South Exhibitors booths will be concentrated on this block. There will also be a Ferris wheel. Final configuration based on construction and parklets.

D. Linden Avenue (600): Arts & Crafts Booths with handmade items. Exhibitors have applied for the Festival and have been judged by a committee to minimize duplicate items, keep quality high, etc.

Festival staff will control entry and exit of vehicles from this area.

E. 8th Street will be the site of the Grotto Stage hosting musical acts on Friday, Saturday and Sunday and all contests with covered seating.

F. 7th Street between Yucca and Cactus will be the site for the Kid’s Area and Kid’s Stage.

G. 9th Street (900 block): The Main Stage will be located between Yucca and Linden with a defined dance area directly in front of the stage.

H. Wullbrandt Way (900 block): Food Vendors, mobile food trucks and carts, table and chairs for eating, free speech area, bathrooms.

I. 8th Street (Between 900-800 block): refrigerated semi-trailer for perishable food storage; Sheriffs Command Center vehicle, First Aid, Aware and Prepare, and Fire District will provide Fire Engine.

Festival strategic headquarters if available.

J. Shade covering attached to tubular steel structures above the dance floor on 9th Street and above the stage at the Seal Fountain.

4. SHUTTLE BUS INFORMATION

A. Shuttle Bus service is being contracted with Jump on the School Bus to transport attendees from the Carpinteria High School parking lot a drop point located on the north side of Carpinteria Avenue.

Between Chrisman California Islands Center and Brew and Cue.

B. Parking is free at the Carpinteria High School Parking Lot. Tickets for the shuttle will be sold at Carpinteria High School Parking Lot at $5 per person.
2023 California Avocado Festival
Project Description and Outline
4/13/23
4 C. Local street directional signs will be provided to direct traffic to the parking area. A portable restroom will also be provided at both locations.

5. PARKING RESTRICTIONS
The following work will be performed by Public Works staff unless otherwise noted.

A. Sleeves will be put on the 90-minute parking signs at Parking Lot #1 (rear) from early Friday morning until the end of Festival.

B. Public Works will place “No Parking” signs at the following locations and times. a. Carpinteria Ave (Westbound) @ Front of Torrey Pine: Sat-Sun 9 AM-10 PM b. Carpinteria Ave (Westbound) @ Brew & Cue: Sat-Sun 9 AM-10 PM c. Linden Ave: 600 block Fri-Sun 7 AM-10 PM
d. Linden Ave: 700 block Thurs-Sun 7 AM-10 PM
e. Linden Ave: 800 block Thurs-Sun 7 AM-10 PM
f. Linden Ave: 900 block Thurs-Sun 7 AM-10 PM
g. Smart & Final Driveway Fronting on 800 Linden Fri-Sun 7 AM-10 PM h. Smart & Final Driveway Behind Reading Room Fri-Sun 7 AM-10 PM i. Deliver 4 barriers to Smart & Final for Parking lot Fri-Sun 7 AM-6 PM j. 7th Street: 4900 Block to Cactus Fri-Sun 7 AM-10 PM
k. 7th Street: 500 Block to Yucca Thurs-Sun 7 AM-10 PM
l. 8th Street: 4900(S&F & Cactus to Linden) Thurs-Sun 7 AM-10 PM m. 8th Street: 5000, ½ block to alley Thurs-Sun 7 AM-10 PM n. 9th Street: 4900, ½ block to alley Thurs-Sun 7 AM-10 PM o. Wullbrandt Way (5000), ½ block to alley Thurs-Sun 7 AM-10 PM p. 9th& Cactus: 4 parking spaces SW corner of lot 2 Fri-Sun 7 AM-10 PM q. 9th Street from Yucca to Elm Thurs-Sun 7 AM-10 PM
r. Behind Napa Auto parts, Lot 1, extra Handicap parking Fri-Sun 7 AM-10 PM s. Smart & Final Parking lot, 1st row, fountain to corner Thurs-Sun 7 AM-10 PM C. Post “Permit Parking only” at the following locations. (Monitored by festival event staff) a. 9th Street - As with past years, we will provide our musicians with a parking permit for that area.
b. The properties along the South side of 9th Street will be notified and, if requested, will be given parking permits (as we have in the past).
c. 9th St. Permit parking will enter from Yucca and exit Elm. d. On the north side of 8th Street from Smart and Final’s Driveway to Maple Ave. e. Cravens Parking on 6th Street (601 Linden) – permit by parking only for residents.

D. Both drives from 9th St. to Parking lot 1 will be closed/barricaded (to allow for additional parking in Lot 1 and 9th Street in the entrance/exit area).

E. Downtown irrigation is shut off in the Festival footprint.

F. The Festival provides 2023 “Vendor Event Access Cards” for closed street areas for loading/unloading only as provided in the past. There are 5 areas designated by 5 different colors/60 of each:
a. Arts & Crafts
2023 California Avocado Festival
Project Description and Outline
4/13/23
5 b. Commercial
c. Food
d. Entertainment
e. General
Please see attached for example.

6. STREET CLOSURES, DETOURS AND TRAFFIC CONTROL
Public Works staff will perform the following work unless otherwise noted.

A. Street Closures will occur at the following locations:
a. The 700 block of Linden Ave. to Carpinteria Ave. Wednesday, October 4th at 7:00 AM to Sunday, October 8th, 2023 and will be open by 11:00 PM. b. 8th street between Elm Ave and Maple Ave, 9th street from Elm Ave to Linden, and Wullbrandt Way Wednesday, October 4th through Sunday, October 8th, 2023 and will be open by 11:00 PM.
c. 600 Block of Linden Avenue to be closed from 6:00 AM Friday – 11:00 PM Sunday. d. 8th Street between Cactus Avenue and Yucca from 7:00 AM Friday - 11:00 PM Sunday. e. 9th Street between Cactus Avenue and Yucca from 7:00 AM Friday - 11:00 PM Sunday.

B. Traffic detour signs will be placed at the following locations with respect to street closure times noted in above items a and b.
a.Elm Avenue at 9th, 8th, and 6th Streets place (north/south arrow) b.Maple Avenue at 8th, and 7th Streets (north/south arrow) c. Linden Avenue, south of Carpinteria Avenue (east/west arrow) d.Linden Avenue, north of Carpinteria Avenue (head of control cones) e.Linden Avenue, north of 6th Street (south arrow)
f. No Parking on 8th Street from Smart & Final Driveway to Elm – Operations parking C. Traffic control cones will be placed at the intersection of Carpinteria Avenue and Linden Avenue to detour southbound Linden Avenue traffic onto Carpinteria Avenue by way of left turn and right turn movements only.

D. Traffic signal sequencing shall be modified by Public Works at the intersection of Carpinteria Avenue and Linden Avenue.

E. Closed streets will be opened on Sunday night after vendors and equipment have been removed and street clean-up is complete. Public Works will monitor area during cleaning and opening of streets. All Public Works items will be placed at corners for pickup on Monday morning. Items such as beverage trailers, portable restrooms and roll off containers will either be located on private property or be situated close to the curbs so as to not impede traffic or pose any hazards.

F. Festival volunteers will pick up all shuttle bus direction signs. 2023 California Avocado Festival
Project Description and Outline
4/13/23
6 7. ALCOHOL SERVICE
We will be continuing our relationship with the Safe Servers program facilitated by the California Avocado Festival.

A. The California Avocado Festival is the 2023 sole vendor of beer and wine in the public right-of-way at the Festival. Approval of this special event permit will permit such vending and suspend the City’s ban on consumption in the specified public area for the Festival hours only.

B. Beer and wine sales shall be from 1:00 PM to 9:15 PM on Friday, 11:00 AM until 9:15 PM on Saturday and 11:00 AM until 5:15 PM on Sunday.

C. The Festival shall acquire the necessary ABC permit and insurance.

D. Beverages will be poured into appropriate containers unique to their operation.

E. Consumption of beer and wine sold by the Festival shall be limited to the designated area on Linden Ave. between 8th Street and 9th Street including the Main Stage area on 9th Street, the Avo Performing Stage seating area and the small area of Wullbrandt Way. (see attached map).

F. The Festival will hire a qualified guard to monitor compliance at each booth.

G. The Festival will provide 12 guards around the perimeter of the festival to assure consumption occurs within the designated areas (see attached map).

H. The Festival will require alcohol server awareness training for shift volunteers.

8. POLICE, FIRE, SECURITY AND COMMUNICATIONS
A. The Santa Barbara County Sheriff’s Department controls all necessary law enforcement and procedures under contract to the City of Carpinteria.

B. The Festival will provide for a licensed security guard service to handle property security before and after the Festival hours of operation. The Festival will contract for security on Thursday, Friday and Saturday evenings with the number of personnel to be determined based on the number and location of exhibits. Security will be contracted until festival completion.

C. The Festival will request a “Command Post” vehicle from the Sheriff’s Department.

D. The Festival will obtain sufficient numbers of portable radios and/or cellular phones for troubleshooting, information requests, calls for service and emergencies. A portable or base station will be provided for the communications trailer to enhance the dispatching of EMT personnel. 2023 California Avocado Festival
Project Description and Outline
4/13/23
7 E. The Fire District will require proof of flame-resistance for each tent erected. In addition, proper fire extinguishers shall be provided by the tent contract for each booth employing open flame cooking or for larger enclosed tents, as required by the California Fire Code.

F. The County Sheriff’s Department and event staff will enforce the “no dog” policy. Signs will be posted at all entries.

9. UTILITIES, SANITATION, TRASH, ETC.

We will be utilizing the team and systems from recent years to maintain our Zero Waste Status.

A. The Festival will be responsible for the hook-up of all electrical appliances in a safe manner according to the Uniform Electrical Code. Vendors will be asked not to bring household type appliances or halogen lights because of their typically heavy draw on current.

B. On-site trash and garbage will be collected by a professional janitorial service contracted by the festival for that purpose. Trash and Recycling will be disposed of in 3 - 40-yard roll-off containers (plus one smaller container) by E.J. Harrison & Sons of Ventura. Location to be determined within the approved Festival footprint The contractor is also providing numerous collection receptacles in the Festival area.

C. Festival volunteers will assist in overall clean up of the area around the Festival site and will supervise and assist the on-site clean up on Saturday and Sunday evenings.

D. Appropriate containers for waste oils and grease will be provided for the food vendors and will be disposed of by a rendering company. The Festival will clean any excess grease or oils on the sidewalk or street. A post washing facility (self-contained) is being pursued for the food booth area. Food vendors are required to place appropriate flooring on the street to catch any cooking oils. All county health requirements will be met.

E. Portable sanitary facilities will be provided at various locations: CHS, 9th and Yucca, 9th and Cactus, 8th and Yucca, 7th and Linden. The Festival will contract for servicing of the facilities once on Friday twice on Saturday and once on Sunday. Toilets will be placed Thursday morning and picked up on Monday morning. Hand washing facilities will be placed at most sites.

F. The Health Department of the County of Santa Barbara is the lead agency for controlling food vending at the Festival. All food vendors are required to attend a pre-Festival meeting with Health Department officials and must undergo a final inspection prior to first sales on Friday. All vendors will comply with Health Department rules and regulations.

G. The Festival will supply standard and handicap bathrooms and sinks at City bathroom locations. City will lock City bathrooms.
2023 California Avocado Festival
Project Description and Outline
4/13/23
8 10. INSURANCE
A. The Festival will contract for a $2,000,000 liability insurance naming the City of Carpinteria as an additional insured. The Festival will also provide proof of insurance as required to the Carpinteria Unified School District and any other property owners who make facilities available to the Festival.

B. Proof of insurance is also required of all vendors who are selling any product/service at the Festival.

Any Attraction using the City right-of-way will be required to include the city of Carpinteria as an “also insured” as well as the Festival.

11. PERMITS AND APPROVALS
A. The following permits, approvals or notifications will be obtained by the representative agencies for the Festival:
a. Special Event Permit (City of Carpinteria).
b. Carpinteria Unified School District for use of parking facilities (Approved). c. Affected vendors will be required to obtain a Sales Tax permit. d. Food vendors will be required to obtain Public Health Department permits for their booths from Santa Barbara County (through Festival).
e. City will request additional police services for the event from the Santa Barbara County Sheriff Department.
f. All outside contractors will be required to provide their own insurance and provide the California Avocado Festival with a COI.
g. Carpinteria-Summerland Fire Department, emergency medical services and the local schools will be notified of all street closures by the event coordinator.

12. KEY FESTIVAL PERSONNEL
A. Gary Dobbins Media Chair/Board Member 448-4771 (cell) B. Mike Lazaro Operations/Entertainment /Board Member 403-7631 (cell) C. Ben Mascari Operations/Board Member 453-5258 (cell)
D. Jeff Theimer Operations/Board Member 455-5662 (cell) E. Emily Miles Food Chair/Board Member 452-6884 (cell)
F. Melissa Simpson Expo Chair/Board Member 212-0450 (cell) G. Andrea Lionello Arts & Crafts/ Board Member 801-8745 (cell) H. Kim Gutierrez Administrator 684-0038(office) 714-280-3676(cell) Wullbrandt Way 9th Street
8th Street 8th Street
7th Street 7th Street
Carpinteria Ave Carpinteria Ave
EXPO
TENT
Linden Ave Linden Ave Linden Ave
MAIN
STAGE
GROTTO
TENT

COMMERCIAL NORTH

FOOD VENUE
SEAL
STAGE
19 22
Retail
Booth
Smart and Final
ARTS

COUNCIL

COMMERCIAL SOUTH
Cactus Lane Cactus Lane
Yucca Lane Yucca Lane Yucca Lane Yucca Lane Fire
Nutbelly Worker Bee Coee Bean
Corktree Sushi Teri
Carp Arts Center
Rite Aid Reynaldo’s
Senor Frog’s
Rincon Designs Palms Oaxaca Fresh Rori's Ice Cream Laughing Buddah Linden House Pizza
Man
Dan's
Giannfranco’s Old
Sly’s
ARTS and Crafts
6th Street
5th Street
Restrooms Parking
Trash Bins (Rolling)
Dumpsters Electrical City Kiosk
Hand Sink

MAP REFERENCES
CHILDREN’S VENUE
OPEN
20 Ferris Wheel
shuttle Bus Stop
Chrisman
California
Islands
Center
10 9 8 7 6 5 4 3 2 1
20 19 18 17 16 15 14 13 12 11
Sheri
4 3 2 1
Beer
Booth
Beer
Booth
Beer
Booth
11 10
9 87
65 Churro
Cart
Morning
Rotary
13 14
open
space to
enter art
center
15 16
20 17 18
21 Ticket
booth
Avocado
Sales
800 Block
900 Block
600 Block
700 Block
10 9 8 7 6 5 4 3 2 1

EJ HARRISON
Designated Alcohol Area No Parking/
Reserved Parking

CITY OF CARPINTERIA

SPECIAL EVENT PERMIT

CONDITIONS OF APPROVAL
2023 CALIFORNIA AVOCADO FESTIVAL
The Special Event Permit Application and application materials are incorporated into this Special Event Permit. These Conditions of Approval are a part of the Special Event Permit pursuant Carpinteria Municipal Code Section 10.68 (Special Event Permits). In case of a conflict between the Special Event Permit Application and application materials and the Conditions of Approval, the Conditions of Approval shall take precedence.

1. The applicant shall deliver written notice to each potentially affected property including business, resident, or occupant, as determined by the City Manager.

The notice shall contain a brief description of the event, event dates, and contact information of the applicant. The notice shall be delivered at fourteen (14) calendar days and again at two (2) working days prior to beginning the event.

The notice shall be in the form of a door hanger made of index paper with the size of 14 inches by 4.5 inches. The notice shall be in English with translation in Spanish.

Temporary No Parking signs shall be posted at least three (3) working days in advance of the first date of enforcement. Each sign must include the event coordinator’s name, event description, beginning and end dates and the hours in effect, if not 24 hours per day, if applicable.

Signs shall be professionally made of moisture-resistant, heavy duty cardboard or other approved material. All signs shall be maintained by the applicant and kept free from graffiti. Any sign which becomes illegible or is removed shall be replaced within 24 hours. Obtain approval for the signs and the placement thereof from the City Manager.

The applicant shall coordinate with the Farmers Market and Carpinteria Creative Arts events to move to Parking Lot #3 no later than Wednesday, October 4, 2023.

2. The applicant shall establish event rules for attendance whereby animals (except for legally registered service animals and emotional support animals) and conduct/activities that threaten public health and safety are prohibited. The applicant shall post the event rules at all entrances to the event. The applicant shall be responsible for monitoring and enforcement, which may include requesting violators to leave the event.

Special Event Permit Conditions of Approval
2023 Carpinteria Avocado Festival

Page 2 ends

3. The applicant shall establish event rules for exhibitors whereby operating standards and prohibited conduct are described including, but not limited to, compliance with the City’s single-use bag regulations and prohibition on the use of non-recyclable plastic take-out food containers; set-up and tear-down schedule; vehicle access and parking; and security and display parameters.

Event rules shall be provided to each exhibitor and vendor prior to the event and receipt acknowledged by signature thereof.

4. The applicant shall ensure the vendors are notified to cease activity and close booths by the hour approved by this permit. Vendor booths shall be closed at least one-half (1/2) hour prior to the close of each event day.

5. Modifications to these conditions of approval shall be approved by the City Manager.

6. The applicant is responsible for maintaining the event footprint area in a clean, neat, and orderly fashion at all times. All trash shall be properly disposed of, and all display booths and/or related event supplies shall be removed. The applicant is responsible for the maintenance of City trash receptacles within the event footprint area.

7. All existing public improvements including landscaping shall be protected in place. The applicant shall be responsible for the repair or replacement of any damage to the public improvements, as determined by the City Manager.

8. All traffic control devices shall be complied with.

9. Within 30 days of the end of the event, the applicant shall submit a report to the City Manager which describes the total amount of solid waste generated from the event and the amount of material diverted from landfills for recycling.

10. Applicant shall sign these Conditions of Approval prior to issuance of the Special Events Permit.

11. Gross receipts subject to sales tax shall be reported to the State Board of Equalization in a manner designating the City of Carpinteria as point of sale.

12. A copy of the Special Event Permit shall be kept at the location of the event at all times.

13. Alcoholic beverage sales and serving shall be limited to the hours specified as follows: From 1:00 p.m. to 9:15 p.m. on Friday, from 11:00 a.m. to 9:15 p.m. on Saturday, and from 11:00 a.m. to 5:15 p.m. on Sunday. No outside alcoholic beverages shall be allowed within the event footprint area.

Special Event Permit Conditions of Approval
2023 Carpinteria Avocado Festival

Page 3 ends

14. The applicant shall meet with personnel from the City and the Santa Barbara County Sheriff’s Department, and local liquor store and restaurant owners prior to the event to discuss the sales and serving of alcoholic beverages during the event.

15. The applicant shall be responsible for all event costs above and beyond those associated with the cost of temporary traffic control devices installation and street cleaning services. The City of Carpinteria agrees to share the cost of law enforcement personnel with a monetary contribution towards the event.

I HAVE READ, UNDERSTOOD, AND WILL COMPLY WITH THE ABOVE STATED CONDITIONS.

Applicant:

Printed Name
Signature Date
City of Carpinteria
Gouncr- Aceruoa Srnrr Reponr
September 11, 2023

ITEM FOR COUNCIL CONSIDERATION
Adoption of Ordinance No. 769 amending Chapter 12.24 and Chapter 10.62 of the Carpinteria Municipal Code to add regulations pertaining scooter use at the Carpinteria Skate Park, 5781 Carpinteria Avenue.

STAFF RECOMMENDATION
Approve on first reading Ordinance No. 769, as read by title only Sample Motion: I move to approve Ordinance No. 769, on first reading (This motion requires reading of ordinance title and a roll call vote.)

BACKGROUND
City regulations concerning skateboarding in the City were established in 1994 (Ordinance No. 499) and are a part of Chapter 10.62 of the Carpinteria Municipal Code (CMC). The City's skateboarding regulations were amended in 1998 (Ordinance No. 549) in order to accommodate the installation of a temporary skate park located in Parking Lot No.3 near the corner of Linden Avenue and sth Street. ln anticipation of the opening of the Carpinteria Skate Park, staff researched rules and/or regulations that have been adopted and/or posted at dedicated skate park facilities in nearby cities. Staff used this information to help draft Ordinance No. 763 By establishing regulations governing safe use of the skate park and posting them on signage at the facility, the City can alert participants, parents/guardians, and spectators of the risks involved with using the Carpinteria Skate Park and offer guidelines to help prevent injury.

Ordinance No 769
September 11,2023
Page2
Ordinance No. 763 provided skate park regulations, and was added as a new subchapter within CMC 12.24. The new skate park regulations made clear that the Carpinteria Skate Park is a public park and therefore, all regulations relating to public parks also apply to the Carpinteria Skate Park. Ordinance No. 763 also addressed liability and safety issues particular to the Carpinteria Skate Park.

On February 27 ,2023 City Council approved the adoption of Ordinance No. 763 to amend Chapter 12.24 and Chapter 10.62 of the Carpinteria Municipal Code to add regulations pertaining to skateboard and skate use at the Carpinteria Skate Park and to amend regulations pertaining to skateboard and skate use citywide.

DISCUSSION
The new Carpinteria Skate Park located at 5781 Carpinteria Avenue had a soft opening on August26,2023. Staff anticipated that there would be some details to fine tune during the soft opening of the skate park. During the past weeks, large numbers of the community have been riding scooters in the skate park even though the Carpinteria Skate Park Ordinance No. 763 prohibited the use of scooters at the skate park. Staff reached out to the designers of the park, Mears Design Group and Dreamland Skateparks, to check if the design of this skate park was safe for riding scooters, and they provided the following statement:
"Mears Design Group and Dreamland Skateparks were tasked with designing a skatepark for the user group of skateboarders. We worked in combination with the City of Carpinteria and the Carpinteria Skateboard Committee to create a unique skateboard park for local skateboarders. Along with skateboarders, the skatepark can accommodate roller blades and scooters. Our design team discourages the use bikes within the skatepark due to the damage bike pegs create throughout the skateable surfaces whether it be concrete or steel edging and the different types of coping. Along with damage bikes typically go much faster throughout the skateable surface which creates an issue with safety while skateboarders are riding and enjoying the skatepark at the same time."
Consequently, City staff recommends additional amendments to the Carpinteria Municipal Code to accept and recognize scooters as a safe option at the Carpinteria Skate Park. These recommended amendments are included in the proposed Ordinance No. 769, attached to this staff report as Attachment A. A redline comparison depicting the changes proposed by Ordinance No. 769 is attached as Attachment B.
ln the course of drafting the proposed regulations, staff shared and discussed the proposed amendment with representatives of the Carpinteria Skate Foundation.

Ordinance No 769
September 11,2023

Page 3 ends

As an unsupervised park, the Carpinteria Skate Park relies on rules and regulations to create a safe environment for skateboarders, scooter riders, and skaters to enjoy their sport.

Staff recommends for Carpinteria Municipal Code Chapter 12.24 and Chapter 10.62 (Skate Park) to be amended to accommodate scooters as follows:
(1) Add a definition for "scooter" and "riding a scooter" to Chapter 10.62; (2) Clarify that riding a scooter is not allowed in similar areas as riding a skateboard under Chapter 10.62;
(3) Add corresponding definitions for "scooter" and "riding a scooter" to Chapter

12.24 and clarify that scooters are allowed in the Carpinteria Skate Park subject to the same regulations are skateboards; and
(4) Other clarify edits to Chapter 12.24

POLICY CONSISTENCY
The City is a general law city and has the authority to consider and implement new laws applicable to its jurisdiction that do not conflict with state law. Consideration of laws to protect citizens' general safety is within the purview of the City.

FI NANCIAL CONSIDERATIONS
There is no financial impact in approving Ordinance No. 769. However, there will be some associated costs, estimated to be in the range of $250 to $500, for the removal of the existing signage and replacement of the new signs.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's Office has worked closely with staff in the development of these regulations and will be available to assist in considering options on how to proceed.

OPTIONS
Approve Ordinance No. 769 (first reading)
Decline approval of Ordinance No. 769 (first reading) and provide direction to staff as appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
Representatives of the Carpinteria Skate Foundation
Ordinance No 769
September 11,2023

Page 4 ends

ATTACHMENTS
Attachment A:

Attachment B:

Ordinance Redline - Scooter Update
Ordinance No. 769
Staff contact:

Aida Thau, Management Analyst ll
(805) 7 55-4432; aid at@ca rpi nteriaca.oov
Reviewed by:

Dave Durflinger, City Manager
(805) 7 55-4400; daved@carpinteriaca. qov
Signature

ATTACHMENT A
Ordinance Redline - Scooter Update

10.62 - Skateboarding.Bldrng SeooGrq and Skating.
1 0.62.01 0 - Definitions.

As used in this chapter:

A. A-"Skates" and "skating" refers to a shoe with metal frame that can be fitted to the sole :
of a shoe, or similar device with wheels attached. This includes roller skates and in-line skates.

E B-"Skateboard" and "skateboarding" refers to a deck board or other surface mounted on wheels for the purpose of personal locomotion, sporting activity or similar purpose C. Scootef' or "riOl
recreational vehl
pushing off the groud
1 O.62.020 - Proh ibitions.

Except as provided in this chapter, no person shall ride or propel a skateboardor.fiele or propel a scooter engage in skating upon any public street, or upon city sidewalks, parkways, walkways or public ways or easements maintained for purposes of ingress, egress, and passage by the public in the following locations:

A. Linden Avenue between Carpinteria Avenue and the railroad tracks; B. ln public parking facilities, public parking lots, or other public areas which are posted with signs prohibiting skateboarding-fi_dtng_Seooterc and/or +elle+ skating.
1 0.62.030 - Pu bl icly-owned or pu bl icly-operated skateboard faci lities.

For rules and regulations pertaining to publicly-owned or publicly-operated skateboard facilities please refer to Chapter 12.24.101 of this code. ',2.24.101 Skatepark Rules and Regulations
A. For the purposes of this section, the following definitions shall apply

1. "Skates" and "skating" refers to a shoe with metal frame that can be fitted to the sole of a shoe, or similar device with wheels attached. This includes roller skates and in-line skates, as defined at chapter 10.62.010(A) of this code.

2. "Skateboard" and "skateboarding" refers to a deck board or other surface mounted on wheels for the purpose of personal locomotion, sporting activity or similar purpose, as defined at chapter 10.62.010(B) of this code.

3. 'Scooter" reters t
I ztsunst
Witn a nanOteOar, O
ground. as defined

4. 3-"Safety equipment" means, at a minimum, helmets, elbow pads and knee pads :
suitable to provide protection in the event of falls or collisions. Such equipment must be worn in the Carpinteria Skate Park at all times.

5. 4-"Skate park" means Carpinteria Skate Park, located at 5781 Carpinteria Avenue in Carpinteria, California.
6 5-"Skating area" means those areas of the skate park designed and intended for use by persons riding skateboards or skates, and which shall be designated by signs.
"Special event" means a festival, concert, or other social event that is authorized a Special Event Permit issued by the City as outlined at chapter 10.68.

B. City staff reserves the right to exempt special event participants from certain rules in this section for the duration of the special event.

C. The skate park is a "public park" and rules and regulations pertaining to "public parks" at chapter 12.24 shall be applicable to the skate park. Use of the skate park is also subject to the following additional rules which are adopted for the reasonable protection to individ uals and property:

1. All persons riding skateboards,€geqtelq or skates within the skate park must wear safety equipment in accordance with the safety equipment manufacturer's recommendations. The safety equipment must be in a serviceable condition.

Reasonable notice shall be posted at the skate park to the effect that any person riding or using a ffiskateboard. scoote in such park
must wear a helmet, elbow pads, and knee pads, and that failing to do so is in violation of this Chapter and subject to citation as an infraction under Chapter 1 .08 of the Carpinteria Municipal Code.
t /1hh, nnn mn*nrizar{nnnmnlnri>ar{ clza{ahnarz{c cnnnlarc anrl clzalac ara allarerar{ in lha vlllc@ol\qlvvvqluu.9vvv!vl9qrlvgl\qlvoqlvqllvYlvullltllv skate
Z-park. Prohibited devices include, but are not limited to, bicycles, s€eo+ers, and any motorized device whether electric or gas powered.

3. No person shall use, consume or possess food or beverages in the skating area Only plastic or metal water bottles are allowed in the skate park.

4. No person shall use, or be under the influence of, alcohol, controlled substances, cannabis, or other mind-altering drugs while using the skate park.

5. No smoking (including vaping), or disposal of any cigarette, cigar, or

7. 6-
by
I ugnJlsl
product is allowed within the skate park.

6. No animals, including dogs or other pets, are allowed in the skate park, unless they are "service animals" as defined under Title ll of the Americans with Disabilities Act (ADA) at 28 CFR S 35.136.

7. ln addition to the prohibited items listed at chapter 12.24.020(5), no person shall have a dangerous weapon in his or her possession in the skate park. Dangerous weapons shall include but not be limited to guns, knives, bats, clubs, or martial arts weapons.

8. ln addition to the prohibitions listed at chapter 12.24.020(4), no person shall apply, or cause to be applied, any vandalism, including but not limited to graffiti, tagging, stickers, or decals to any facilities in the skate park.

9. All persons shall skateboard or skate only in the skating area and shall not skateboard or skate in the parking areas, plaza area, walkways, on tables or benches or on the driveways of the skate park.

10. Skate park age restrictions for users may be established by City Council resolution.

11. No personal amplified music devices are permitted in the skate park.

12. No person shall introduce, employ or use any unauthorized equipment, obstacle or apparatus including, but not limited to, ramps or jumps within the skate park.

13. No person shall engage in profanity, reckless or boisterous behavior (including, but not limited to, tandem riding, pushing, horseplay, and bullying) or any other activity that could endanger the safety of participants or spectators at the skate park.

14. All organized events, such as birthday parties and picnics, require a permit as outlined in Chapter 12.24.022 and Chapter 12.24.020(22) ot this code.

15. Commercial filming activities require a permit as outlined in Chapter 5.72 of this code.

16. Commercial sales fitting the definition of peddler per Chapter 5.60.020(E) require a peddler's permit and approved location permit as outlined in Chapter 5.60 of this code.

17. All other commercial activities require permission from the Director of Parks Recreation and Public Facilities, which may be provided or withheld at the Director's sole discretion, and may at the Director's sole discretion require approval from City Council.

I ztoztpst

18. Skateboarding-Iidtng€qaatels and skating are prohibited when the skating area is wet.

19. No person shall skateboard-Ideleqetelg or skate in the skating area when there is property damage that might pose a danger to participants in the skating area.

Property damage should be reported immediately to the Parks and Recreation Department.

20. Skate park hours are as posted. No entry is allowed at other times unless authorized by the City for a special event. Skate park hours will be adopted by City Council Resolution. City staff reserves the right to close the skate park whenever it determines that such closure is necessary for any reason including safety, maintenance, inclement weather, or gross violations of the rules and regulations.

21. The skate park will close in times of rain, thunder, lighting, or other inclement weather and will remain closed until surfaces are dried. lf the park closes due to inclement weather within two hours of its published closing time, it will remain closed for the evening.

22. No person shall skateboard-Iide€qeetelq or skate at any times other than those established as the skate park hours.

23. Anyone caught in the skate park while closed will be prosecuted for trespassing.

Trespassing is a class one misdemeanor punishable by 12 months in jail and/or a fine pursuant to CA Penal Code section 602.

24.The City will develop a system for maintaining records of all known or reported @ineinjuriesintheskateparkinaccordancewithHealth&
Safety Code $Sectrpn 1 15800.

25. Penalties for violation of skate park regulations can be a simple infraction or misdemeanor (criminal) violation, as defined at Carpinteria Municipal Code Chapter

1.08, at the discretion of the city attorney or district attorney. Typically, a person seen violating any regulation will either be advised to cease their activity or be issued a ai{alinn fn annaar in nnr rr{ in ananrr{anna rrrilh lha nrnnar{r rra nr rtlinar{ in (^arninlaria r tv qyl/vur r rrrv ],,vvvv yr.rrer ru
Municipal Code Chapter 1.12.

26. Any person who violates this Chapter shall, in addition to any other criminal or civil penalties provided by this Code, be subject to removal from the skate park for up to twenty-four (24) hours, upon the order of any authorized employee or officer of the City. Any person convicted of three or more infractions of this article shall be permanently barred from the use of or entrance to the skate park.

D. The city manager or his/her designee, shall have the authority to develop administrative policies to implement the intent of this chapter. The city council may, I zpzas:

ATTACHMENT B
Ordinance No. 769
ORDINANCE NO. 769

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA AMENDING CHAPTER 12.24 AND CHAPTER 10.62 OF THE

CARPINTERIA MUNICIPAL CODE TO ADD REGULATIONS PERTAINING TO

SKATEBOARD AND SKATE USE AT CARPINTERIA SKATE PARK AND TO

AMEND REGULATIONS PERTAINING TO SKATEBOARD, NONMOTORIZED SCOOTER AND SKATE USE CITY.WIDE
WHEREAS, the city of Carpinteria ("City") is opening a publicly operated skate park located at 5781 Carpinteria Avenue, Carpinteria California.

WHEREAS, the City has determined it is necessary to amend existing regulations related to publicly-owned or publicly-operated skateboard facilities, and harmonize such regulations with regulations pertaining to skateboard, nonmotorized scooter and skate use city-wide.

WHEREAS, skateboarding, riding nonmotorized scooters, skating and other similar recreational activities on public property, including but not limited to the Carpinteria Skate Park, are "hazatdous recreational activities" under state law and create a substantial risk of serious injury or death to participants and spectators. The City of Carpinteria hereby implements State law requirements to absolve itself of liability for injuries incurred by persons participating in or observing these hazardous recreational activities.

WHEREAS, in conformity with Health and Safety Code Section 115800 and California Government Code Section 831.7, the City:

Designates the Carpinteria Skate Park, located at 5781 Carpinteria Avenue, a recreational area in which skateboarding, riding nonmotorized scooters, and skating is permitted; and,

2. Shall post notice advising the public that skateboarding, riding nonmotorized scooters, skating, and other similar recreational activities in the designated facility are deemed ahazardous recreational activity to participants and spectators and that the City shall not be liable for injuries incurred by participants or spectators.Any person(s) entering the facility must wear Safety equipment as defined in the City's ordinance and assumes all risk of injury.

NOW THEREFORE, the City Council of the City of Carpinteria does ordain as follows:

SECTION 1. lncorporation 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. Amendment to Code.
1 24927706.3
Ordinance No. 769

Page 2 ends

Chapter 10.62, of Title 10 of the Carpinteria Municipal Code is hereby amended to read as follows:

10.62 - Skateboarding, Riding Scooters, and Skating
1 0.62.01 0 - Definitions.

As used in this chapter:

A. "Skates" and "skating" refers to a shoe with metal frame that can be fitted to the sole of a shoe, or similar device with wheels attached. This includes roller skates and in-line skates.

B. "Skateboard" and "skateboarding" refers to a deck board or other surface mounted on wheels for the purpose of personal locomotion, sporting activity or similar purpose.

C. "Scooter" or "riding a scooter" refers to a nonmotorized, human-powered wheeled recreational vehicle with a handlebar, deck and wheels that is propelled by a rider pushing off the ground.
1 O.62.020- Pro h i bitions.

Except as provided in this chapter, no person shall ride or propel a skateboard, ride or propel a scooter, or engage in skating upon any public street, or upon city sidewalks, parkways, walkways or public ways or easements maintained for purposes of ingress, egress, and passage by the public in the following locations:

A. Linden Avenue between Carpinteria Avenue and the railroad tracks; B. ln public parking facilities, public parking lots, or other public areas which are posted with signs prohibiting skateboarding, riding scooters and/or skating.
1 0.62.030 - Publicly-owned or publicly-operated skateboard facilities.

For rules and regulations pertaining to publicly-owned or publicly-operated skateboard facilities please refer to Chapter 12.24.101 of this code.

SECTION 3. Addition toCode.

Title 12, "Streets, Sidewalks, and Public Places," of the Carpinteria Municipal Code is hereby amended to read asfollows:

12.24.101 Skatepark Rules and Regulations.

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

1. "Skates" and "skating" refers to a shoe with metal frame that can be fitted to the sole of a shoe, or similar device with wheels attached. This includes roller skates 24927706.3
Ordinance No. 769

Page 3 ends

and in-line skates, as defined at chapter 10.62.010(A) of this code

2. "Skateboard" and "skateboarding" refers to a deck board or other surface mounted on wheels for the purpose of personal locomotion,sporting activity or similar purpose, as defined at chapter 10.62.010(8) of this code.

3. "Scooter" refers to a nonmotorized, human-powered wheeled recreational vehicle with a handlebar, deck and wheels that is propelled by a rider pushing off the ground, as defined at chapter 10.62.010(C)

4. "Safety equipment" means, at a minimum, helmets, elbow pads and knee pads suitable to provide protection in the event of falls or collisions. Such equipment must be worn in the Carpinteria Skate Park at all times.

5. "Skate park" means Carpinteria Skate Park, located at 5781 Carpinteria Avenue in Carpinteria, California.

6. "Skating area" means those areas of the skate park designed and intended for use by persons riding skateboards or skates, and which shall be designatedby signs.

7. "Special event" means a festival, concert, or other social event that is authorized by a Special Event Permit issued by the City as outlined at chapter 10.68.

B. City staff reserves the right to exempt special event participants from certain rulesin this section for the duration of the special event.

C. The skate park is a "public park" and rules and regulations pertaining to "public parks" at chapter 12.24 shall be applicable to the skate park. Use of the skate park is also subject to the following additional rules which areadopted for the reasonable protection to individuals and property:

1. All persons riding skateboards, scooters, or skates within the skate park must wear safety equipment in accordance with the safety equipment manufacturer's recommendations. The safety equipment must be in a serviceable condition.

Reasonable notice shall be posted at the skate park to the effect that anyperson riding or using a skateboard, scooter, or skates in such park must wear a helmet, elbow pads, and knee pads, and that failing to do so is in violation of this Chapter and subject to citation as an infraction under Chapter 1.08 of the Carpinteria Municipal Code.

2. Only nonmotorized skateboards, scooters and skates are allowed in the skate park. Prohibited devices include, but are not limited to, bicycles, and any motorized device whether electric or gas powered.

3. No person shall use, consume or possess food or beverages in the skating area Only plastic or metal water bottles are allowed in the skate park.

4. No person shall use, or be under the influence of, alcohol, controlled substances, 24927706.3
Ordinance No. 769

Page 4 ends

cannabis, or other mind-altering drugs while using the skate park

5. No smoking (including vaping), or disposal of any cigarette, cigar, ortobaccorelated product is allowed within the skate park.

6. No animals, including dogs or other pets, are allowed in the skate park, unless they are "service animals" as defined under Title ll of the Americans with Disabilities Act (ADA) at28 CFR S 35.136.

10. Skate park age restrictions for users may be established by City Council resolution.

11. No personal amplified music devices are permitted in the skate park.

12. No person shall introduce, employ or use any unauthorized equipment, obstacle or apparatus including, but not limited to, ramps or jumps within the skate park.

14.All organized events, such as birthday parties and picnics, require a permitas outlined in Chapter 12.24.022 and Chapter 12.24.020(22) of this code.

15. Commercial filming activities require a permit as outlined in Chapter 5.72 of this code.
l6.Commercial sales fitting the definitionof peddler per Chapter 5.60.020(E) require a peddler's permit and approved location permit as outlined in Chapter 5.60 of this code.
24927706.3
Ordinance No. 769

Page 5 ends

17 .All other commercial activities require permission from the Director of Parks Recreation and Public Facilities, which may be provided or withheld at the Director's sole discretion, and may at the Director's sole discretion require approval from City Council.
lS.Skateboarding, riding scooters and skating are prohibited when the skating area is wet.

19. No person shall skateboard, ride scooters or skate in the skating area when there is property damage that might pose a danger to participants in the skating area. Property damage should be reported immediately to the Parks and Recreation Department.

21.The skate park will close in times of rain, thunder, lighting, or other inclement weather and will remain closed until surfaces are dried. lf the park closes due to inclement weather within two hours of its published closing time, it will remain closed for the evening.

22. No person shall skateboard, ride scooters or skate at any times other than those established as the skate park hours.

23.Anyone caught in the skate park while closed will be prosecuted for trespassing.

Trespassing is a class one misdemeanor punishable by 12 months in jail and/or a fine pursuant to CA Penal Code section 602.

24.The City will develop a system for maintaining records of all known or reported injuries in the skate park in accordance with Health & Safety Code Section 1 1 5800.

25. Penalties for violation of skate park regulations can be a simple infraction or misdemeanor (criminal) violation, as defined at Carpinteria Municipal Code Chapter 1.08, at the discretion of the city attorney or district attorney. Typically, a person seen violating any regulation will either be advised to cease their activity or be issued a citation to appear in court in accordance with the procedure outlined in Carpinteria Municipal Code Chapter 1.12.

26.Any person who violates this Chapter shall, in addition to any other criminal or civil penalties provided by this Code, be subject to removal from the skate park 24927706.3
Ordinance No. 769

Page 6 ends

for up to twenty-four (24) hours, upon the order of any authorized employee or officer of the City. Any person convicted of three or more infractions of this article shall be permanently barred from the use of or entrance to the skate park.

D. The city manager or his/her designee, shall have the authority to develop administrative policies to implement the intent of this chapter. The city council may, from time to time, consider modifications to the administrative policies.

SECTION 4. Records
The City Manager, or designee, shall maintain a record of all known or reported injuries incurred by a person riding a skateboard, scooter, skates or any other wheeled recreational device in a public skate park or facility. The City shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency in accordance with Health and Safety Code section 1 15800.

SECTION 5. Severability.

These Chapters and the various sections thereof are severable. Should any part of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declared that it would have passed and adopted this Ordinance, and each and every provision hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 6. Effective Date.

This ordinance shall take effect and be in force 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 City Council voting for and against the same in a newspaper of general circulation, published in the City of Carpinteria. 24927706.3
Ordinance No. 769

Page 7 ends

PASSED, APPROVED AND ADOPTEDIh|S
-
day of
the following vote:

AYES: COUNCILMEMBER(S)
NOES: COUNCILMEMBER(S):

ABSENT: COU NCI LM EMBER(S)
ABSTAI N : COUNCI LMEMBER(S)
Mayor, City of Carpinteria
,2023 by
24927706.3
Ordinance No. 769

Page 8 ends

ATTEST
Brian C. Barrett, CMC, 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 the ,2023
Brian C. Barrett, CMC, City Clerk
City of Carpinteria

APPROVED AS TO FORM
Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney for the City of Carpinteria
24927706.3
City of Carpinteria
Gour,rcrr- Aceruoe Srarr Reponr
September 11, 2023

ITEM FOR COUNCIL CONSIDERATION
An urgency ordinance adding Chapter 7.04 ("Just Cause for Termination of Residential Tenancy") to a new Title 7 ("Housing Regulations") of the Carpinteria Municipal Code.

STAFF RECOMMENDATION
Approve and adopt Urgency Ordinance No. 770, adding Chapter 7.04 ("Just Cause for Termination of Residential Tenancy") to a new Title 7 ("Housing Regulations") of the Carpinteria Municipal Code.

Sample Motion: I move to approve and adopt Urgency Ordinance No. 770, as read by title only.
(This Urgency Ordinance requires a 4/5th affirmative vote to pass.)

BACKGROUND
Californians spend a larger share of their income on housing than households in the rest of the nation. While this impacts residents at every income level, it impacts low income renters most significantly. Further, a lack of available housing contributes significantly to long home/work commute times that negatively impacts businesses (e.9., employee recruitment and retention), infrastructure (e.9., wear and tear on roads and highways), the environment (e.9., increased vehicle emissions), and exacerbates health and work/fam ily conflict.

For several years now, State and local governments have responded to high home prices, low housing inventory and rising rents by enacting laws that aim to stimulate housing production, promote affordability, and strengthen tenant protections. A number of local governments across the State have enacted so-called "anti-displacement" policies and regulations that aim to protect residents, preserve existing affordable housing, and produce new affordable housing.

The Tenant Protection Act of 2019 (Assembly Bill ["AB'] 1482; Civil Code Sections 1946.2 and 1947.12) established statewide just cause eviction protections and rent Urgency Ordinance No. 770, Just Cause for Termination of Residential Tenancy September 11,2023
Page#2
stabilization for residential tenants, but also authorized cities to enact more protective local regulations that supersede state law. Recent headlines of mass evictions at a large apartment building in Los Angeles consisting of 712 units, and at three apartment complexes in lsla Vista comprising a total of 264 units, have underscored the need to strengthen local tenant protections. The latter incident prompted both the City of Santa Barbara and County of Santa Barbara to strengthen or enact tenant-protective regulations that are more stringent than the State law.

DISCUSSION
On May 8,2023, the City Council received a report on anti-displacement regulatory options for potential inclusion in the Carpinteria Municipal Code (.CMC") and adopted Resolution No. 6235 initiating amendments to the City's Local Coastal Program and CMC to establish various tenant-protective measures. Among the work priorities set by the City Council at this meeting included bringing back for the City Council's eonsideration a just cause eviction ordinance. Currently, State law (Civil Code Section 1946.2) applies to evictions in the City. The purpose of proposed Urgency Ordinance No. 770 ("Urgency Ordinance") is to enact local regulations that are not only stricter than State law, but also longer-lasting, since the Tenant Protection Act will sunset on January 1, 2030.1
State Law
State law defines "just cause" for terminating a residential tenancy as either "at-fault just cause" or "no-fault just cause." "At-fault just cause" includes, among other things, a tenant defaulting on rent, subletting without permission, or maintaining a nuisance on the property. "No-fault just cause" includes an intent by the owner or his/her family to occupy the property; withdrawal of the property from the rental market; compliance with an order or ordinance that necessitates vacating the property; and/or, an intent to demolish or to substantially remodel the property.
"At-fault just cause" requires providing the tenant with notice of the violation and three days' opportunity to cure it (excluding Saturday, Sunday and judicial holidays). "No-fault just cause" requires the owner to notify tenant of the right to either payment of relocation assistance comprising of one months' rent (in effect at the time of the notice) or a waiver of the final month's rent. Any relocation assistance must be provided within 15 calendar days of service of the notice. State law requires notification to tenants about the law, either as an addendum to the lease or separate written notice signed by the tenant. The law generally does not apply to single-family residences, provided that the owner is not a real estate investment trust, corporation, or limited liability company, and certain statutory language is included in the lease. Nor does it apply to a rental property that was issued a certificate of occupancy in the last 15 years, among other exemptions-all 1 The Urgency Ordinance does not include rent control provisions and City continues to operate under State law requirements (Civil Code section 1947.12).

Urgency Ordinance No. 770, Just Cause for Termination of Residential Tenancy September 11,2023
Page #3
of which remain unchanged in the proposed Urgency Ordinance, consistent with other similar local ordinances.

Ordinance No.770
ln line with other localjust cause eviction ordinances, the proposed Urgency Ordinance adopts certain State law provisions unchanged, such as the definitions of what constitutes at-fault and no-fault just cause for eviction, and the types of units subject to regulation. For example, the proposed Urgency Ordinance generally applies to multifamily residential properties (duplexes and larger) and tenants qualified for relocation assistance must have occupied their rental units for at least twelve months. This is intended to allow for some consistency in the regulations without creating undue confusion in the market.

Nevertheless, the proposed Urgency Ordinance differs from State law and is more tenant protective in the following ways:
1) The Urgency Ordinance requires payment of relocation assistance in an amount to be determined by resolution of the Council, or one month's rent that was in effect when the owner issued the notice to terminate the tenancy plus one dollar, whichever is greater. This amount will remain in effect until staff returns to the City Council with information to support the establishment of a relocation assistance payment amount, which the City Councilwill adopt by resolution.

Other agencies provide relocation assistance in the following amounts City of Santa Barbara: Also requires, "an amount established by resolution of the City Council, or one month's rent plus one dollar, whichever is greater." Pursuant to the City of Santa Barbara Relocation Assistance Study dated April 8, 2020, prepared Keyser Marston Associates, lnc., Resolution 20-084 established relocation assistance for qualified tenants of all rental unit sizes in an amount equal to 3.0 months of the rent that was in effect when the owner issued the notice to terminate the tenancy.

County of Santa Barbara: "Relocation benefits" means a sum equal to three months of the fair market rent for the area as determined by the Department of Housing and Urban Development pursuant to Section 1437f(c)(1) of Title 42 of the United States Code or seven thousand dollars, whichever is greater. (See Santa Barbara County Code Chapter 44, Article l, Sec. 44-2(3)(0.)
City of Milpitas: One month's rent that was in effect when the owner issued the notice to terminate the tenancy. (Milpitas Municipal Code Chapter 4, Section 2, Subsection Xll-4-2.03(3)(a).)
Urgency Ordinance No. 770, Just Cause for Termination of Residential Tenancy September 11,2023
Page lA
City of Oxnard: Two months of the tenant's rent that was in effect when the owner issued a notice to terminate tenancy, or $5,000, whichever is greater. Relocation assistance must be paid within 15 calendar days of service of the notice. (Oxnard Municipal Code Sec. 27-6(c).) 2) The proposed Urgency Ordinance requires relocation assistance payments be paid to each individual qualifying tenant, rather than to the household. (State law is silent.)
3) For at-fault just cause evictions, both State law and the proposed Urgency Ordinance align notice to terminate tenancy to the unlaMul detainer procedure in Civil Code Section 1161 .2 For no-fault just cause evictions, however, the State law is silent on advance notice required to terminate tenancy. As such, the proposed Urgency Ordinance requires 60 days' advance notice to evict for a nofault just cause reason. The City Council could recommend changes to the notice period.
4) The proposed Urgency Ordinance generally imposes a "good faith'requirement on owners who are evicting tenants for a no-fault just cause reason.3 5) Unlike State law, the proposed relocation assistance must be paid either within 15 calendar days of issuance of the notice to terminate, or half of the relocation assistance may be paid in this time frame, with the balance due no later than the time the tenant vacates the premises. The City Council could recommend changes to the timing of this relocation assistance payment.

POLICY CONSIDERATIONS
These tenant protective measure are consistent with the following policies in the City's recently adopted Housing Element, among other City policies:
o Program 1 (Adequate Sites to Accommodate Regional Housing Needs) o Program 5 (Affordable Rental Housing Development Assistance) o Program 17 (Affirmatively Furthering Fair Housing)
2 Civil Code S1161 requires providing the tenant with an opportunity to cure the violation, and if the violation is not cured within the time period in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy. 3 Both the City of Santa Barbara and County of Santa Barbara require "good faith" dealing by property owners in no-fault just cause evictions. The City of Santa Barbara's Ordinance No. 5979, adopted on December g, 2020, added Chapter 26.50 to their municipal code ("Just Cause for Residential Evictions") On or about March 21, 2023, the City of Santa Barbara amended Chapter 26.50 I Section 26.50.070, to amend the definition of "no-fault just cause" to add, among other things, a good faith action requirement on property owners. Santa Barbara County urgency Ordinance No.5175, adopted on April6,2023, added Article lV (Just Cause for Residential Evictions) to Chapter 44 (Residential Property Landlord Tenant Rights) of the County's Code.

Urgency Ordinance No. 770, Just Cause for Termination of Residential Tenancy September 11,2023
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FINANCIAL CONSIDERATIONS
lmplementation of the Ordinance is not expected to result in any new staff or contracUconsultant costs to the City. Public outreach concerning applicability of and compliance with the Ordinance, and record-keeping for certain types of "no-fault just cause" eviction notices would be undertaken by Community Development Department (CDD) staff as part of their ongoing regular workload. The City also contracts with the City of Santa Barbara Rental Housing Mediation Program (RHMP) staff to provide dispute resolution services to Carpinteria tenants and landlords, including information on rights and responsibilities to landlords and tenants as a method of resolving disputes out of court. lt is anticipated that sharing information related to this Ordinance with affected tenants and landlords would be covered as part of the already-contracted services with RHMP.

The proposed Ordinance includes under available remedies the option for the City Attorney to enforce this Ordinance through administrative, civil or criminal action. ln the event of such action by the City Attorney, additional costs to the City could be incurred, however the City Attorney would seek recovery of costs, expenses and attorney's fees as allowed by law as part of any legal action.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney prepared the Urgency Ordinance, reviewed this Staff Report and will be available to answer questions at the meeting.

OPTIONS

1. Approve and adopt Ordinance No. 770.

2. Decline to approve Ordinance No. 770 as presented and direct staff to make adjustments to certain provisions.

3. Reject the proposed Ordinance No. 770 and continue to operate under State law with respect to just cause evictions.

PRINCIPAL PARTIES EXPECTED AT MEETING
Potential ly affected tena nts
Tenants' rights advocacy organizations
Potentially affected residential landlords/property managers

ATTACHMENTS
Attachment A: Ordinance No. 770
Urgency Ordinance No. 770, Just Cause for Termination of Residential Tenancy September 11,2023
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Staff contact: Nick Bobroff, Community Deve
(805) 7 55-4407 / [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400 / [email protected]
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Attachment A.

Proposed Ordinance No. 770
"Just Cause for Termination of Residential Tenancy"
City Council Meeting
September 11, 2023
ORDINANCE NO.77O

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARPINTERIA, CALIFORNIA, ADDING CHAPTER 7.04
("JUST CAUSE FOR TERMTNATTON OF RESTDENTTAL
TENANCY") TO A NEW TTTLE 7 (,,HOUS|NG REGULATTONS") OF

THE CARPINTERIA MUNICIPAL CODE
WHEREAS, pursuant to the City of Carpinteria's ("City") police power, as granted broadly under Article Xl, SectionT of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for public health, safety, and welfare; and
WHEREAS, there is a housing shortage in the City and the greater South Coast of Santa Barbara County, particularly for middle-, moderate-, low-, and very low-income households, with respective vacancy rates of 3o/o and less than 3%;1 and WHEREAS, since April 2020, apartment rents in the City have risen 30%;2 and WHEREAS, because housing, particularly affordable housing, is difficult to procure in the City, evictions without just cause can destabilize the housing market and result in the loss of affordable housing; and
WHEREAS, housing instability threatens the public peace, health and safety as eviction can undermine the housing market by increasing residential mobility and the loss of affordable housing; increase the risk of prolonged homelessness; displace members of the community; strain household finances due to rental deposits; increase commute times and create traffic impacts if tenants cannot find local housing of comparable affordability; and disrupt the education of impacted children; and
WHEREAS, eviction creates particular hardships for individuals with limited means, given the shortage of local affordable rental housing options; and .

WHEREAS, recent high profile headlines highlighting mass termination of tenancies at apartment complexes, comprising of hundreds of units each, in lsla Vista within Santa Barbara County and Los Angeles have drawn attention to an urgent need to protect tenants at a time of scarce rental inventory and low vacancy rates in the City and County; and
1 Source: 2020 census data that reports 191 rental housing units were vacant, which equates -3% of the City's estimated housing units in the City. See also Santa Barbara South Coast Chamber of Commerce (Dashboard April 2023) at https://sbscchamber.com/wp-contenUuploads/2023/05/Data-Dashboard-April2023.odf 2 California Economic Forecast, The 2023 Carpinteria Valley Economic Profile (September 2023), pg. 21 25666944.11
Ordinance No. 770

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Carpinteria City CouncilSeptember 11, 2023

Carpinteria City Council
September 11, 2023