Agenda packet — Carpinteria City Council, September 25, 2023 (part 1 of 2)

City of Carpinteria
City Council Regular Meeting Agenda
Monday, September 25, 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
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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: NONE

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

CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask City Council Regular Meeting Agenda
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questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.
a. Status Update on the Work of the City Manager Succession Process Committee b. Status Update on the Work of the Senior Services Planning Committee c. City Council Closed Session on September 26, 2023 at 3:30 pm in Council Chambers

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

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

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

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

1. Approve the minutes of the regular meeting held September 11, 2023.

2. Receive and file the Expenditures for the period beginning September 4, 2023 and ending September 15, 2023.

3. Receive and file Report of Contracts Executed by the City Manager for the Period of August 22, 2023 through September 18, 2023.

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

5. Adopt Ordinance No. 769 (second reading), 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. (Requires a roll call vote.)
ADMINISTRATIVE MATTERS:

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6. Authorization to issue a Notice Inviting Bids for the 2022 Pavement Rehabilitation Project (Project No. 15132).

Recommendation: Authorize the Public Works Director to advertise the Notice Inviting Bids for the 2022 Pavement Rehabilitation Project (Project No. 15132).

Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING: NONE

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR

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

7. Authorization for the City Manager to execute the proposed lease agreement between the City of Carpinteria and the Friends of the Carpinteria Public Library (FOL) concerning the City owned property at 5103 Carpinteria Avenue, also known as the Seaside Building.

Recommendation: Authorize the City Manager to approve and execute the proposed new lease between the City of Carpinteria and the Friends of the Carpinteria Public Library (FOL) concerning the City Owned property at 5103 Carpinteria Avenue, also known as the Seaside Building. (Requires a roll call vote.)
Staff Presenter: Aida Thau, Management Analyst II
a. Staff Report
b. Public Comment
c. City Council Determination

8. Harbor Seal Advisory Committee Recommendations, with Carpinteria Open Space Management Advisory Board input and recommendations, and related actions.

Recommendation: Receive the recommendations from these City advisory groups and direct staff to take related actions, as it determines appropriate.

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Staff Presenter: Aida Thau, Management Analyst II and Erin Maker, Environmental Program Manager
a. Staff Report
b. Public Comment
c. City Council Determination

9. Law Enforcement Services Agreement between the City of Carpinteria and the County of Santa Barbara for period between July 1, 2023, and June 30, 2027.

Recommendation: Approve and authorize the Mayor to execute City of Carpinteria Contract Law Enforcement Services Agreement between the City of Carpinteria and the County of Santa Barbara for period between July 1, 2023, and June 30, 2027. (Requires a roll call vote.)
Staff Presenter: Dave Durflinger, City Manager
a. Staff Report
b. Public Comment
c. City Council Determination
LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

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

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

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

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

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

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

3. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Alarcon & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee and Alarcon) d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Solórzano) f. City Council Finance/Budget Committee (Alarcon & Clark) g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura) (PC: To Be Selected by Planning Commission) (ARB: 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
City Council Regular Meeting Agenda
September 25, 2023

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ADJOURNMENT
The next regular City Council meeting will be held October 9, 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 20, 2023, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.

City of Carpinteria
City Council Minutes
Regular Meeting
Monday, September 11, 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: 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
Lindsay Erdmann, Management Intern (present via
Zoom)
Aida Thau, Management Analyst II
John L. Ilasin, Public Works Director (present via
Zoom)
Nick Bobroff, Community Development Director

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

Mayor Clark recommended adjourning the meeting in honor of those people who lost their lives because of 9/11 on that day and thereafter. The Council was in agreement.

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

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

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AGENDA MODIFICATIONS: NONE
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.) Motion by Councilmember Nomura, seconded by Councilmember Lee, to approve the Proclamation Declaring September 15, 2023 to October 15, 2023 as Hispanic Heritage Month. Upon voice vote, the motion carried unanimously.

Speakers in-person: Dr. Jim Campos
Mayor Clark and the City Council presented the Proclamation to Dr. Campos.

2. Proclamation Proclaiming September 2023 as “Suicide Prevention” Month. (Requires approval prior to presentation of proclamation.) Motion by Councilmember Nomura, seconded by Councilmember Solórzano, to approve the Proclamation Proclaiming September 2023 as “Suicide Prevention” Month. Upon voice vote, the motion carried unanimously.

Speakers in-person: Amrita Salm and Becki Norton both representing HopeNet of Carpinteria.

Mayor Clark and the City Council presented the Proclamation to members of HopeNet of Carpinteria.

3. Proclamation Designating the Week of September 11 – 17, 2023 as Celebrate Community Week. (Requires approval prior to presentation of proclamation.) Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to approve the Proclamation Designating the Week of September 11 – 17, 2023 as Celebrate Community Week. Upon voice vote, the motion carried unanimously.

There was no public comment.

Mayor Clark and the City Council presented the Proclamation to members of the Optimists Club of Santa Barbara, Rotary Club of Carpinteria, Rotary Club of Carpinteria Morning, Rotary Club of Carpinteria Sunset, and the Lions Club of Carpinteria.

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

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Carpinteria Valley Museum of History Executive Director/Curator Jayme Yahr provided the PowerPoint presentation.

There was no public comment.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
Mayor Clark temporarily adjourned the meeting at 6:01 pm.

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Clark reconvened the meeting at 6:18 pm.

PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
Deputy Bryan Dickey with the Santa Barbara Sheriff’s Department provided an update on crime in the City.

CITY MANAGER’S REPORT
a. Planning Commission Actions
Assistant City Manager Ramirez reported on the Planning Commission Actions from its meeting of September 5th.
b. Status Update on the Work of the City Manager Succession Process Committee Program Manager Uribe Mutal reported on the following:
• 174 responses received on the community survey and 31 applications received for the City Manager position to date.
• Closing deadline is tomorrow for City Manager position. • The Council will receive the community survey results and information about the City Manager applicants prior to the Council meeting with the executive search firm consultant later this month.
c. Status Update on the Work of the Senior Services Planning Committee Assistant City Manager Ramirez reported on the following:
• Volunteer led senior programs continue to operate.
• Current senior program coordinators (Cyndi Macias and representatives from Seniors Inc.) will step back at the end of September and City will consider its options for continuing those programs moving forward including hiring a part-time staff.

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September 11, 2023

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• Potentially looking at reissuing a Request for Proposals (RFP) for Consulting Program Design & Implementation Services for the Establishment of An Active Adult / Senior Center and Related Programming. d. Skate Park Video
Assistant City Manager Ramirez showed the Skate Park Video. e. Creek Week
Management Intern Erdmann (present via Zoom) reported on Creek Week activities.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Stephen Marcussen, Susan Mailheau, and Patrick O’Connor CONSENT CALENDAR:

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 5 through 6. The roll call vote was as follows:

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

5. Approve the minutes of the regular meeting held 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.

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Councilmember Solórzano recused herself on this item due to her property being within 500 feet of 4745 Carpinteria Avenue and left the Council Chambers at 6:44 pm.

City Clerk Barrett presented the staff report.

Speakers in-person: John Lizarraga
Motion by Councilmember Lee, seconded by Councilmember Nomura, to deny the request to waive accrued interest in the amount of $8,469.38 on the property lien at 4745 Carpinteria Avenue.

Upon voice vote the motion carried unanimously with Councilmember Solórzano absent due to her recusal.

Councilmember Solórzano returned to the dais at 6:57 pm.

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.)
Management Analyst II Thau presented the staff report.

Kevin Cruz representing Chevron provided remarks and responded to questions from the Council.

There was no public comment.

Motion by Councilmember Solórzano, seconded by Vice Mayor Alarcon, to authorize the Mayor to approve and execute the proposed Fifth Amendment to the Lease Agreement between the City of Carpinteria and Chevron. 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.

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September 11, 2023

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PUBLIC HEARING: NONE

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:

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.)
Public Works Director Ilasin (present via Zoom) presented the staff report.

Gary Dobbins and Olivia (no last name provided) both representing the California Avocado Festival, Inc. provided remarks and responded to questions from the Council.

There was no public comment.

Motion by Councilmember Nomura, seconded by Councilmember Lee, 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; and (3) Authorize expenditures for special event law enforcement services and temporary traffic control and street cleaning services. 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.

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.

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September 11, 2023

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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.) Management Analyst II Thau presented the staff report.

Peter Bonning and Julia Mayer both representing the Carpinteria Skate Foundation provided remarks.

Speakers in-person: Peter Bonning (did not speak)
Motion by Vice Mayor Alarcon, seconded by Councilmember Solórzano, to approve Ordinance No. 769, on first reading.

City Clerk Barrett read aloud the title of Ordinance No. 769 into the record.

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.

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.)
Community Development Director Bobroff introduced the item and Legal Counsel Carlson provided the PowerPoint presentation.

There was no public comment.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to 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. The roll call vote was as follows:

AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, City Council Regular Meeting Minutes
September 11, 2023

Page 8 ends

Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

LEGISLATIVE UPDATE:

Assistant City Manager Ramirez reported on the usual attachment from the League of California Cities.

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Councilmember Solórzano reported on the following:
• She would be unable to attend the next BEACON meeting on September 22nd as she will be attending the Annual League of California Cities Conference in Sacramento and encouraged Mayor Clark who serves as the BEACON alternate to attend.
• Mayor Clark, Vice Mayor Alarcon, City Manager Durflinger, and herself participated in the Santa Barbara Metropolitan Transit District’s debut of its new 19X express service from Carpinteria to Santa Barbara City College; legal matters were discussed at the recent Santa Barbara Metropolitan Transit District Closed Session meeting.
• South Coast Youth Safety Partnership – the community engagement team meeting will meet in Carpinteria Council Chambers on September 13th at 10 am and the policy team will meet on October 12th at the Santa Barbara Foundation Offices.

Councilmember Nomura reported on the following:
• This Wednesday and Thursday he will attend 3CE meetings in Monterey and bring back information.
• The following week he will attend the Annual League of California Cities Conference in Sacramento.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the September 25th regular City Council meeting.

ADJOURNMENT
Mayor Clark adjourned the meeting at 7:53 pm in memory of those who lost their lives as a result of 9/11 on that day and afterwards.

City Council Regular Meeting Minutes
September 11, 2023

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__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 25, 2023

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning September 4, 2023 and ending September 15, 2023.

STAFF RECOMMENDATION
Receive and file Warrant Register for the period of September 4, 2023, through September 15, 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 September 4, 2023 and ending September 15, 2023.

Warrant Register
September 25, 2023
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Warrant Register
Carpinteria, CA
Date Range: 09/04/2023 - 09/15/2023
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
INV0004716
13NF-6 4G-L1LM
14DR-6Y37-DLH7
14H R-LXP9-4394
14HR-LXP9-Q9Kl
14RQ-PM4L-JCRD
16PM-HX4N-6NP6
1737-1LQ9-H6N6
17P7-FKJM-KC9X
17Q7-6663-MRYN
19KR-X4C3-1VT3
19L6-FGX4-6YKD
1CKX-WQKV-QP9W
1CTQ-XMVY-9CHT
1DDY-M3V3-HVN9
1DXG-W9LC-KTXG
1DXG-W9LC-LK1J
1F9D-N6LX-419X
1F9D-N6LX-97QJ
1GGC-1CPN-D7R4
1GWF-D3CY-C43R
1HDV-GRG7-DHF4
1KN4-JPFK-9JJM
1KXK-G6QW-47HR
1KXK-G6QW-4VDF
1N4P-P3JL-4FPT
lNHL-QFHN-Dll 7
1NNF-1G1C-14RK
1NNF-1G1C-6C99
lRXY-RFYT-1077
1V49-KJVJ-7J3C
1 V6Y-RJWF-M1XR
1VWM-T9F3-GGVH
1 VYG-N34X-MTLD
1 VYG-N34X-TXF9
1WF6-Q7CH-DD9K
1WF6-Q7CH-NMG7
1X64-GMPW-MVTK
Vendor Name
Payable Type

JOSE ESTRADA

ADVANTAGE TELECOM
Invoice

ALYSSA CHAYASING
Invoice
Payment Date Payment Amount Number
Payable Description
09/08/2023
09/07/2023
SEP23 EMERGENCY PHONE LINE SERVICES
09/07/2023
VETS HALL EVENT 5/20/23 REFUND

AMAZON CAPITAL SERVICES INC
{300.00) 101880
139.38 102040
300.00 102041
09/07/2023 4,106.53 102042
Invoice ZIP BOOKS-M. OLIVAS
Invoice COLOR TONER CARTRIDGES
Invoice ZIP BOOKS-A. STOVALL
Invoice ZIP BOOKS-J. LESH
Invoice BOOKS FOR LIBRARY
Invoice ZIP BOOKS-A. SALGADO
Credit Memo ZIP BOOKS-S. LUCICH RETURNED
Invoice ZIP BOOKS-J. MORAN
Invoice ZIP BOOKS-E. SWIKEHARDT
Invoice ZIP BOOKS-D. JAYNES
Invoice ZIP BOOKS-S. SKRIPSKY
Invoice BOOKS FOR LIBRARY
Invoice ZIP BOOKS-D. THOMAS
Invoice ZIP BOOKS-A. BARDACH
Invoice ZIP BOOKS-S. FLORES
Invoice ZIP BOOKS-M. MORRISON
Invoice BOOKS FOR LIBRARY
Invoice ZIP BOOKS-M. PERRY
Invoice ZIP BOOKS-L. FRIEDMAN
Invoice ZIP BOOKS-S. GUTIERREZ
Invoice BOOKS FOR LIBRARY
Credit Memo COSTUME FOR LIBRARY RETURNED
Invoice ZIP BOOKS-M. GARCIA
Invoice ZIP BOOKS-M. MARTEL
Invoice ZIP BOOKS-K.GARCIA
Invoice BOOKS FOR LIBRARY
Invoice ZIP BOOKS-S. FREUND
Invoice ZIP BOOKS-E. CASTRO
Invoice ZIP BOOKS-K. GROSSMAN
Invoice ZIP BOOKS-J. GROVES
Invoice ZIP BOOKS-A. HORTON
Invoice 2 PICKLEBALL NETS FOR POOL
Invoice ZIP BOOKS-E. MILES
Invoice ZIP BOOKS-C DEVRIES
Invoice ZIP BOOKS-J.ANDBERG
Invoice ZIP BOOKS-D. JAYNES
Invoice BOOKS FOR LIBRARY
**Void** 09/07/2023
**Void** 09/07/2023
102043
102044
951706
951707
951708
951709
BROWNSTEIN HYATT FARBER SCHRECK 09/07/2023
Invoice PROFESSIONAL LEGAL SERVICES THROUGH 7/31/2023
57,864.00 102045
Invoice
Invoice
Invoice
PROFESSIONAL LEGAL SERVICES THROUGH 7/31/2023
PROFESSIONAL LEGAL SERVICES THROUGH 7/31/2023
PROFESSIONAL LEGAL SERVICES THROUGH 7/31/2023
CARPINTERIA SANITARY DISTRICT 09/07/2023 53.00 102046
INV0004887 Invoice INSPECTION & PERMIT

Page 1 ends

CARPINTERIA VALLEY LUMBER CO 09/07/2023 99.34 102047
516276
516693
516750
Invoice
Invoice
Invoice

SHELVE MATERIAL FOR LIBRARY

PAINT BRUSHES FOR SKATE PARK SIGNS

MATERIALS TO INSTALL SKATE PARK PLAQUES
CCI OFFICE TECHNOLOGIES 09/07/2023 351.29 102048
INST375051 Invoice

COASTAL VIEW NEWS
Invoice
SEP23 001 3011 028030701
D168500-00
SEP23 209-188-2500-061589-5
SIN030731
6456Aug23
519929971
519929973
01352C023293084
01352C023294404
01352C023296145
01352C023296993
01352C023299429
01352DA23300881
N10078940
162248
162249
162926
INV0004889
AUG23 700201069122
AUG23 700230547624
AUG23 700247140684
AUG23 700255596559
AUG23 700264659490
AUG23 700274833982
AUG23 700465507084

COX BUSINESS
Invoice

DEMCO INC
Invoice

INK CARTRIDGE FOR POSTAGE MACHINE
09/07/2023
PLANNING COMMISSION MEETING AD 8/24/23
09/07/2023
SEP23 POOL & GARDEN INTERNET-PHONE SERVICE
09/07/2023

LIBRARY BOOK SUPPLIES
231.00 102049
350.82 102050

EVERSHADE EXTERIOR CLEANING SOLUTIONS
Invoice
FORMS+ SURFACES
Invoice
Invoice

HDL SOFTWARE LLC
Invoice

INFOARMOR INC
Invoice
AUG23 CLEANING OF TRASH CANS AT CARP & LINDEN AVE
09/07/2023

CITY OF CARPINTERIA REPLACEMENT TRASH LINERS

FRONTIER COMMUNICATIONS
SEP23 PHONE & INTERNET - LG TOWER
09/07/2023
JUL23 NEW ACCOUNTS PROCESSED/STR RETURNS
09/07/2023
AUG23 IDENTITY THEFT EMPLOYEE PREMIUMS

JOY EQUIPMENT PROTECTION INC
Invoice

MISSION UNIFORM SERVICE
Invoice
Invoice

MNS ENGINEERS INC
Invoice
OVERDRIVE INC.

Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
QUADIENT LEASING USA INC.

Invoice

ROCKWELL PRINTING
Invoice
Invoice

SANTA BARBARA PEST CONTROL
Invoice
Invoice
Invoice

SANTA BARBARA SWIM CLUB
Invoice

SO CA EDISON
Invoke
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
09/07/2023
09/07/2023
09/07/2023

NEW FIRE EXTINGUISHERS & SERVICE OF EXISTING
09/07/2023

MISSION LINEN SUPPLY-POOL, LIBRARY, & CITY HALL

MISSION LINEN SUPPLY-POOL, LIBRARY, & CITY HALL
09/07/2023
JUL23 SURVEY FOR 4610 FOURTH STREET
09/07/2023
AUG23 EBOOK/AUDOBOOK MATERIAL FOR LIBRARY
AUG23 EBOOK/AUDOBOOK MATERIAL FOR LIBRARY
AUG23 EBOOK/AUDOBOOK MATERIAL FOR LIBRARY
AUG23 EBOOK/AUDOBOOK MATERIAL FOR LIBRARY
AUG23 EBOOK/AUDOBOOK MATERIAL FOR LIBRARY
AUG23 EBOOK/AUDOBOOK MATERIAL FOR LIBRARY
09/07/2023
09/07/2023
AUGUST 23 BUSINESS CARDS B. ROBINSON
AUGUST 23 BUSINESS CARDS (MAYOR, COUNCIL)
09/07/2023
AUG23 PEST CONTROL AT CITY HALL
AUG23 PEST CONTROL AT VETS HALL
AUG23 PEST CONTROL AT POOL
09/07/2023
SEP23 SWIM MEET ENTRY FEES SBSC NOVICE
09/07/2023
AUG23 ELECTRICITY-101 ASH AVE
AUG23 ELECTRICITY-5103 CARPINTERIA AVE
AUG23 ELECTRICITY-1 CARPINTERIA TCl
AUG23 ELECTRICITY-100 LINDEN
AUG23 ELECTRICITY-1115 LINDEN AVE B PED
AUG23 ELECTRICITY-901 CACTUS LN EV EV
AUG23 ELECTRICITY-4950 9TH ST BT HM
335.21 102051
450.00 102052
1,840.37 102053
152.90 102054
7,175.83 102055
S3.85 102056
1,553.38 102057

61.48 102058
1,527.50 102059
7,259.28 102060
622.44 102061
SEP23-DEC23 LEASE PAYMENT FOR C.H. POSTAGE MACHINE
294.30 102062
225.00 102063
661.00 102064
3,120.71 102065

Page 2 ends

AUG23 700477662295
AUG23 700525378417
AUG23 700604790697
AUG23. 006 514 2700 7
AUG23. 016 913 9500 6
AUG23. 140 914 3084 4
3545375438
184618
185029
185126
81924114
91632285
INV0004894
INV0004895
INV0004896
INV0004897
INV0004898
11FG-6GK6-MHQ4
llLX-lP JR-WLTP
16DJ-YMKX-XTQ9
19JL-LMTW-VPNJ
1CHW-97XP-QD9R
1CKM-M6MJ-9YT6
1DQ9-JHRL-3FYC
1HKY-V414-WQRP
lKLN-HGKG-HXPl
1UP-1JJG-K9HQ
1W4R-CGM7-HK6G
1W4R-CGM7-LWG9
1 YVP-HYXH-QYGH
1 YXQ-FVGR-W16H
341241
343025
344338
344340
1500-00955577
Invoice
Invoice
Invoice

SO CAL GAS
Invoice
Invoice
Invoice

STAPLES ADVANTAGE
Invoice
Invoice
WEX BANK (76)
Invoice

MISSIONSQUARE
Invoice
Invoice
Invoice
SEIU LOCAL 620
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Credit Memo
Invoice
Invoice
AUG23 ELECTRICITY-901 CACTUS LN LGHT
AUG23 ELECTRICITY-931 WALNUT AVE & 48515TH ST
AUG23 ELECTRICITY-CAPP AV/CSTS PAS 609
09/07/2023
NATURAL GAS 5305 CARPINTERIA AVE APT B (POOL)
NATURAL GAS 5775 CARPINTERIA AVE (CITY HALL)
NATURAL GAS 941 WALNUT AVE (VETS HALL)
09/07/2023
HP COLOR LASERJET PRINTER FOR R. HOWARD

TRAFFIC TECHNOLOGIES LLC

HARDWARE & DECALS FOR SIGNS
TRI-CO REPROGRAPHICS 09/07/2023
Invoice SCANNING COLOR, DESTAPLE, RESTAPLE 8/16/23
Invoice SCANNIN COLOR, DEBIND, REBIND 8/22/23

WESTAIRE HEATING & CONDITIONING INC
09/07/2023
AUG23 FUEL FOR CITY VEHICLES
09/07/2023
Deferred Compensation Contribution-Part Time Emp
MissionSquareEmployee Contributions
MISSIONSQUARE Employee Contributions
09/07/2023
Employee Union Dues Contribution

UNITED WAY OF SANTA BARBARA COUNTY
09/07/2023
09/07/2023
Employee United Way Contribution
ALL LANGUAGES INTERPRETING & TRANSLATING INC. 09/14/2023 Invoice 2 INTERPRETERS FOR CC MTG 8/28/23

AMAZON CAPITAL SERVICES INC

ANIMAL MEDICAL CLINIC
Invoice
Invoice
Invoice
Invoice
09/14/2023
USB PORTABLE CHARGER FOR B. BARRETT

BOOKS FOR LIBRARY

BUSINESS CARD ORGANIZER, RUBBER STAMP
ZIP BOOKS-M. WIEDERKEHR

FILE FOLDERS, PENS FOR OFFICE USE

TAPE FOR LABEL MAKER
ZIP BOOKS-J. ANDBERG

LAMINATOR MACHINE

BOOKS FOR LIBRARY

BOOKS FOR LIBRARY RETURNED
ZIP BOOKS-R. LEHTINEN

BOOKS FOR LIBRARY
09/14/2023
AUG23 CONTRACTED VET SERVICES
AUG23 EMERGENCY OUT OF CONTRACT VET SERVICES
AUG23 DOG LICENSING ISSUANCE
SEP23 CONTRACTED VET SERVICES
ASBURY ENVIRONMENTAL SVCS 09/14/2023
Invoice DISPOSAL OF OIL/MIXED OILS 7 /31/23
780.15 102066
490.49 102067
1,924.38 102068

57.36 102069
Invoice SCANNING COLOR, DESTAPLE, RESTAPLE 8/24/23
WAXIE SANITARY SUPPLY 09/07/2023 201.30 102070
Invoice BATH TISSUE FOR POOL & LIBRARY 8/22/23
09/07/2023 1,636.65 102071
Invoice
Invoice

HVAC MAINTENANCE-SHERIFF AREA/OUTDOOR CONDENSER

HVAC MAINTENANCE-LIBRARY/VETS HALL
404.04 102072
6,343.01 102073
250.17 102074

24.00 102075
890.00 102076
517.34 102077
3,335.00 102078

5.00 102079
CARPINTERIA VALLEY LUMBER CO 09/14/2023 92.60 102080
Invoice
Invoice

HARDWARE FOR SKATE PARK

KEYS FOR SKATE PARK RESTROOMS

Page 3 ends

517079
517262
517358
517506
Invoice
Invoice
Invoice
Invoice

KEYS FOR SKATE PARK RESTROOMS
METAL NOZZL[, WASHER FOR SKATE PARK

BRASS HOOKS FOR VEHICLE KEY CLOSET

HARDWARE FOR LIBRARY SHELVES
CARPINTERIA VALLEY WATER DISTRICT 09/14/2023 18,559.04 102081 CARP CITY AUG23 SERVICE
INV0004925
SEP23 001 3011 022093901
SEP23 0905
AUG23 0983
AUG23 1949
AUG23 3498
AUG23 3696
AUG23 4545
AUG23 6160
AUG23 8528
AUG23 8897
AUG23 9341
SEP23 805-566-1944-032923-5
Invoice

COAST AUTO PARTS INC
Invoice

COASTAL VIEW NEWS
Invoice
Invoice

COLLEEN ALBERT
Invoice

COX BUSINESS
Invoice

EMPATH IA PACIFIC INC
Invoice

EVERYWHERE RIGHT NOW
Invoice
EXTRA SPACE STORAGE 09/14/2023
Invoice UNIT RENT 9/23/23-10/23/23

FIRST NATIONAL BANK OF OMAHA

FRONTIER COMMUNICATIONS
Invoice
GOGOV
Invoice
AUG23-WATER FOR MULTIPLE LOCATIONS
09/14/2023

FUEL FILTER FOR BEACH TRACTOR
09/14/2023
ABOP CANCELLED AD 8/24/23
ORDINANCE 768 PUBLISHED IN FULL AD 8/31/23
09/14/2023
PROJECT PL-23-2212 CLOSE OUT
09/14/2023
SEP23 CITY HALL TV & INTERNET SERVICE
09/14/2023
OC23-DEC23 EAP SERVICES

46.65 102082
436.00 102083

41.84 102084
428.43 102085
600.00 102086
09/14/2023 1,190.00 102087
AUG23 WEBSITE PROGRAMMING CITY HALL & LIBRARY
550.00 102088
09/14/2023 15,389.17 102089
Invoice CREDIT CARD PAYMENT-OUM
Invoice CREDIT CARD PAYMENT-SG
Invoice CREDIT CARD PAYMENT-JT
Invoice CREDIT CARD PAYMENT-LM
Invoice CREDIT CARD PAYMENT-BB
Invoice CREDIT CARD PAYMENT-JI
Invoice CREDIT CARD PAYMENT-AW
Invoice CREDIT CARD PAYMENT-M. ROBERTS
Invoice CREDIT CARD PAYMENT-M. RAMIREZ
09/14/2023
SEP23 PHONE & INTERNET-BEACH STORE
09/14/2023
FY24 GOREQUEST CITIZEN REQUEST SUBSCRIPTION

49.99 102090
12,000.00 102091
GOVERNMENT TAX SEMINARS LLC 09/14/2023 495.00 102092
INV0004910 Invoice 2023 ANNUAL GOVERNMENT TAX WEBINAR-L. MALDONADO 150003021

GRACE NOTE
Invoice
9688009118
9799459616
9803629139
9819863904
9822191848

GRAINGER
Invoice
Invoice
Invoice
Invoice
Invoice

ID WORKS LLC
Invoice

IMPULSE ADVANCE COMMUNICATIONS
Invoice
INV0004923

JACK N TOOL BOX
Invoice
INV0004924

JOE FRANKEN
Invoice

JOHN CALLENDER
09/14/2023
SEP23 LISTING DISTRIBUTION SERVICE
09/14/2023

HANDTORCHFORSHOP

VETS HALL MEETING ROOM LIGHT FIXTURE
3 PAPER TOWEL DISPENSERS FOR LIBRARY

WATER NOZZLE, DUCT TAPE, BLACK TAPE FOR SHOP

GRAFFITI REMOVER FOR SIGNS
09/14/2023

PUBLIC WORKS SHIRTS
09/14/2023
OCT23 PHONE SERVICES
09/14/2023
PROJECT PL-21-2123 CLOSE OUT
09/14/2023
PROJECT PL-22-2158 CLOSE OUT
09/14/2023

73.45 102093
878.37 102094
125.50 102095
1,602.63 102096
1,498.10 102097

22.32 102098
120.00 102099

Page 4 ends

PC Q4 2022-WARRANT
364516 - PPU
INV0004903
519929972
519929974
519969343
519969344
01352DA23311204
INV-14497
INV0004911
AUG23 7900 0440 8110 0954
INV0004912
INV0004914
INV0004913
388333669
388333677
3889333672
134008411-001
134010384-001
134101986-001
AUG23 700405192484
Invoice
KANOPY
Invoice
LAFCO
Invoice

LIEBERT CASSIDY WHITMORE
Invoice
MISSION UNIFORM SERVICE 09/14/2023
Invoice MAT REPLACEMENT, UNIFORM CLEANING 8/28/23
Invoice
Invoice
Invoice

MONTGOMERY HARDWARE CO
Invoice

NEW BEGINNINGS COUNSELING CENTER
Invoice

NGU DRONE PHOTOGRAPHY LLC
Invoice
OVERDRIVE INC.

Invoice
Invoice
Invoice
POLICORE INC.

Invoice
Invoice
Invoice
RITE AID #5776
Invoice
Invoice
Invoice
Invoice

SHOWSCAPES
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice

SO CA EDISON
Invoice
Invoice

STP SCREEN PRINTING
Invoice
PLANNING COMMISSION MEETINGS OCT-DEC 2022
09/14/2023
AUG23 LIBRARY VIDEOS
09/14/2023
FY24 DISTRIBUTION OF LAFCO BUDGET PAYMENT

SKATE PARK LOCKS
09/14/2023
FLSA ACADEMY REGISTRATION - T. !LASIN
TOWEL & MAT REPLACEMENT-CITY HALL 8/28/23
MAT REPLACEMENT, UNIFORM CLEANING 9/4/23
TOWEL & MAT REPLACEMENT-CITY HALL 9/4/23
09/14/2023
09/14/2023
JUL23 SAFE PARKING PROGRAM

PAGEFREEZER SOFTWARE INC
09/14/2023
8/14/23 DRONE VIDEO SERVICES
09/14/2023
SEP23 EBOOK/AUDIOBOOK MATERIAL FOR LIBRARY
09/14/2023

PUBLIC RECORDS COMPLIANCE FOR SOCIAL MEDIA
PLANNING & DEVELOPMENT-COUNTY OF SANTA BARE 09/14/2023
JUL23 COUNTY PLANNING CHECKS FOR RINCON MULTI USE
09/14/2023
IT SERVICES/EQUIPMENT-CITY HALL AUGUST 2023

QUADIENT FINANCE USA INC

REGIONAL GOVERNMENT SERVICES

ROADLINE PRODUCTS INC USA

SANTA BARBARA COUNTY CLERK OF THE BOARD

SITEONE LANDSCAPE SUPPLY (ALL AROUND)

SOLID WASTE SOLUTIONS INC
09/14/2023
POSTAGE FOR CITY HALL AUGUST 2023
09/14/2023

EXPENSE REIMBURSEMENT-RANDOLPH POLLARD
09/14/2023
FY22-23 BUSINESS LICENSE OVERPAYMENT
09/14/2023

STENCIL FOR PAINTING STREETS
09/14/2023
CEQA NOTICE OF EXEMPTION FILING FEE PL-22-2184
09/14/2023
CEQA NOTICE OF EXEMPTION FILING FEE PL-22-2162
09/14/2023
BACKFLOW INSTALL AT POOL 8/1/23
MONTE VISTA PARK TREE REPLACEMENT 8/29/23
DOWNTOWN T-COLOR CHANGE OUT 8/16/23
09/14/2023
6 BURLAP TOTES FOR PARK SUPPLIES
MATERIAL FOR SKATE PARK REPAIR 8/30/23
MATERIAL TO REPAIR SKATE PARK 9/1/23
09/14/2023
AUG23 ELECTRICITY-MULTIPLE LOCATIONS
09/14/2023
AUG23 WASTEWATER PROFESSIONAL SERVICES
09/14/2023
2023 SOFTBALL LEAGUE T-SHIRTS

36.00 102100
3,S44.00 102101
600.00 102102
364.10 102103
601.71 102104
3,664.39 102105
1,185.00 102106
484.94 102107
3,484.00 102108
887.70 102109
9,888.84 102110
1,000.00 102111
724.00 102112
379.00 102113
1,794.48 102114

50.00 102115

50.00 102116
6,325.00 102117

98.13 102118
9,106.60 102119
4,401.75 102120
754.83 102121

Page 5 ends

TKM ENGINEERING
Invoice
Invoice
09/14/2023
i\UG23 PARKLETS/DOWNTOWN T PERMIT GUIDLINES
AUG23 LAGUNITAS TRAFFIC STUDY REVIEW
TRAFFIC TECHNOLOGIES LLC 09/14/2023
Invoice
388333494
388333767

TREESCAPES
Invoice
Invoice

STREET SIGNS
09/14/2023
VARIOUS TREE TRUNK INJECTION TREATMENT 8/11/23
EL CARRO EMERGENCY TREE LIMB 8/25/23
TRI-CO REPROGRAPHICS 09/14/2023
Invoice SCANNING COLOR, PDF EXTRACT 9/1/23
Invoice SCANNING SMALL FORMAT, FILE RENAME 9/1/23
TWO TRUMPETS COMMUNICATIONS 09/14/2023
Invoice AUG23 COMMUNICATIONS SERVICES
UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFC 09/14/2023 1,072.50 102122
749.89 102123
2,895.00 102124

34.62 102125
5,550.00 102126
250.46 102127
23-240539
820230155
Invoice
Invoice
SEP23 CA STATE FEE FOR REGULATORY COSTS
SEP23 NEW TICKET CHARGES & DATABASE MAINTENANCE
VJS BIOLOGICAL CONSULTING 09/14/2023 1,415.00 102128
INV0004920 Invoice

WAXIE SANITARY SUPPLY
MAY-AUG23 BIOLOGICAL SERVICES
09/14/2023 276.81 102129
81945737 Invoice TRASH BAGS, BATH TISSUE CITY HALL 8/31/23 WILLDAN FINANCIAL SERVICES 09/14/2023 1,230.00 102130
010-55742 Invoice
2023-0354

ZWORLD GIS
Invoice

SERVICES TO UPDATE DEVELOPMENT IMPACT FEE STUDY
09/14/2023
AUG23 MAPPING/GIS SERVICES
2,977.00 102131
INTERNAL REVENUE SERVICE 09/07/2023 18,006.39 DFT0003128 PR18 09/07 /23 Invoice
PR18 09/07 /23

EDD-SIT
Invoice
PR18 09/07 /23

EDD-SDI
Invoice
08/19/23-09/01/23 PEPRA
08/19/23-09/01/23 CLASSIC
FY23-24 RETRO-DD
FY23-24 RETRO-OUM
SEP23 PREMIUMS CC
SEP23 PREMIUMS
CalPERS
Invoice
CalPERS
Invoice
CalPERS
Invoice
Cal PERS
Invoice
CalPERS HEALTH
Invoice
CalPERS HEALTH
Invoice
PR18 09/07/23 FEDERAL TAX PAYMENT
09/07/2023
PR18 09/07 /23 SIT TAXES
09/07/2023
PR18 09/07 /23 SDI TAXES
09/07/2023
PEPRA RETIREMENT 08/19/23-09/01/23 PR18
09/07/2023
CLASSIC RETIREMENT 08/19/23-09/01/23 PR18
09/07/2023
FY23-24 RETRO CONTRIBUTIONS-D. DURFLINGER
09/07/2023
FY23-24 RETRO CONTRIBUTIONS-0. URIBE-MUTAL
09/07/2023
SEP23 HEALTH PREMIUMS CC
09/07/2023
SEP23 HEALTH PREMIUMS
5,363.28 DFT0003129
1,424.83 DFT0003130
8,252.92 DFT0003131
15,068.42 DFT0003132
566.60 DFT0003133
109.16 DFT0003134
7,488.87 DFT0003135
51,856.25 DFT0003136

Page 6 ends

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 25, 2023

ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of August 22, 2023 through September 18, 2023.

STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of August 22, 2023 through September 18, 2023.

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

Pursuant to CMC §2.08.150C, a list of all contracts executed by the City Manager is provided for City Council information and appended to this Staff Report as Attachment A. Attachment A lists all contracts entered into on behalf of the City for goods, construction and services for the Period of August 22, 2023 through September 18, 2023.

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

ATTACHMENTS
A. Report of Contracts Executed by the City Manager
Report of Contracts Executed by City Manager
September 25, 2023

Page 2 ends

Staff contact:

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

ATTACHMENT A
Report of Contracts Executed by the City Manager
Period of August 22, 2023 through September 18, 2023

VENDOR PURPOSE AMOUNT
Bob Trautz Development Co., Inc. Decrease in quantity of work ($649.97) performed under Bid Item No. 1 "Install
Skate Park Safety Signage". Purpose
is for the relocation of signage in order
to make clearance for pedestrian path
of travel.

Nimmer Pictures, Inc. Production of a Skate Park Ribbon $650.00 Cutting Ceremony video and produce
a Skate Park 3 minute video
(incorporating Council footage, drone
footage and Skate Park Ribbon Cutting
Ceremony)
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 25, 2023

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

STAFF RECOMMENDATION
Receive and file the report.

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

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

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

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

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

Page 2 ends

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

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

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

Cash and Investment Beginning of the Month
t Cash Receipts
Cash Disbursements
Cash and Investment End of the Month $ 19,073,938.92
Investments:

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

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

As of August 31, 2023, the portfolio's average days to maturity was 1.98 years, the average coupon rate was 1.76%, the average yield to maturity was 4.97%, the par value was $10,650,000, and Market Value was $10,094,507.85
The City does not intend to sell nor does it have any foreseeable need to sell any securities. The intention of the City's investment policy is to hold all securities to maturity, and securities so held are redeemed at par value resulting in no net market gain or loss.

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

The City of Carpinteria will be able to meet all expenditure obligations that might reasonably be anticipated for the next six-month period March 1, 2024. \\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Monthly City Treasurer's Report
September 25, 2023

Page 3 ends

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

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

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

Licette Maldonado, Administrative Services Director
[email protected]; (805) 755-4448
Reviewed by: Dave Durflinger, City Manager
[email protected]; (805) 755-4400
~
· Signature
\\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx City Treasurer's Monthly Report

CITY OF CARP INTERIA TREAS URE R'S REPORT
For the Month Ended August 2023
CASH ACTMTY FOR THE MONTH:

Cash and Investment Beginning of the Month $ 19,225,349.16 Cash Receipts 7,081,778.97
Cash Disbursements {7,233,189.21)
Cash and Investment End of the Month $ 19 073 938 92
CASH AND INVESTMENT PORTFOLIO:

Yield to Maturity # Days to
Type oflnvestment/CouponlCUSIP # Institution/Issuer Maturity Date Maturity Par Value Market Value (1) Book Value (2) Demand Deposit - General Checking Montecito Bank NIA NIA NIA 198,991.52 198,991.52 198,991.52 Demand Deposit - Premier Public Money Market Montecito Bank NIA 91112023 l 764,492.44 764,492.44 764,492.44 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 3,759.68 3,759.68 3,759.68 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 3,957.77 3,957.77 3,957.77 Local Agency Investment Fund State of California 0.22% 91112023 1 3,503,689.28 3,503,689.28 3,503,689.28 Demand Deposit - Money Market Charles Schwab NIA 91112023 1 4,238,423.41 4,238,423.41 4,238,423.41 Treasury Note, 2.875%, (9128285D8) U.S. Government 0.67% 913012023 30 250,000.00 249,453.13 249,335.00 Treasury Note, 2.875%, (9128285K2) U.S. Government 2.20% 10131/2023 61 250,000.00 248,945.30 252,579.39 Treasury Note, 2. 75%, (912828WE6) U.S. Government 2.23% 11/1512023 76 250,000.00 248,593.75 252,049.66 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 1213112023 122 250,000.00 246,132.80 249,993.47 Treasury Note, 2.5%, (912828529) U.S. Government 0.06% 113112024 153 200,000.00 197,593.74 199,388.94 Treasury Note, 2.375%, (9128286GO) U.S. Government 0.78% 212912024 182 200,000.00 197,000.00 199,264.00 Treasury Note, 0.25%, (91282CBR!) U.S. Government 2.17% 311512024 197 250,000.00 243,203 13 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S. Government 2.41% 413012024 243 250,000.00 244,804.68 249,156.76 Treasury Note, 2.0%, (912828XT2) US. Government 1.11% 513112024 274 250,000.00 243,710.93 255,107.50 Treasury Note, 0.25%, (91282CCG4) US. Government 4.61% 6/1512024 289 250,000.00 240,117.18 235,669.96 Treasury Note, 3.0%, (91282CFA4) U.S. Government 4.53% 713112024 335 250,000.00 244,609.38 244,503.55 Treasury Note, 3.25%, (91282CFG1) · U.S. Government 4.30% 8131/2024 366 250,000.00 244,804.68 245,158.84 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 911512024 381 250,000.00 237,500.00 245,359.46 Treasury Note, 2.125%, (9128282Y5) U.S. Government 4.31% 913012024 396 250,000.00 241,601.55 239,586.84 Treasury Note, 0.625%, (91282CDB4) U.S. Government 4.14% 10/15/2024 411 250,000.00 237,304.68 233,056.64 Treasury Note, 2.25%, (912828G38) U.S. Government 4.35% 11/1512024 442 250,000.00 241,132.80 241,052.35 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 1211512024 472 250,000.00 236,914.05 250,079.39 Treasury Note, 1.125%, (91282CDS7) U.S. Government 4.09% 1/1512025 503 250,000.00 236,679.68 237,350.47 Treasury Note, 1. 125%, (912828ZC7) U.S. Government 1.29% 212812025 547 250,000.00 235,742.18 248,740.00 Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 313112025 578 250,000.00 240,742.18 260,224.61 Treasury Note, 0.25%, (912828ZT0) U.S. Government 1.25% 513112025 639 250,000.00 230,351.55 241,660.01 Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 613012025 669 250,000.00 229,726.55 239,598.86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 913012025 761 250,000.00 227,734.38 240,265.00 Treasury Note, 3.0%, (912828515) U.S. Government 409% 10131/2025 792 250,000.00 240,781.25 242,136.63 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12131/2025 853 250,000.00 226,484.37 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government IJ7% 12131/2025 853 250,000.00 226,484.38 240,365.00 Treasury Note, 3.875%, (91282CGE5) U.S. Government 3.77% 1/112026 854 250,000.00 245,273.43 250,641.19 Treasury Note, 1.625%, (912828P46) U.S. Government 1.56% 2/1512026 899 250,000.00 232,343.75 250,595.69

CITY OF CARP INTERIA TREASURER'S REPORT
For the Month Ended August 2023
Treasury Note, 0.5%, (91282CBQ3) U.S. Government 1.28% 2/25/2026 909 250,000.00 225,703.13 242,113.19 Treasury Note, 0 75%, (91282CBT7) U.S. Government 1.28% 3/31/2026 943 250,000 00 226,875.00 244,459.30 Treasury Note, 0. 75%, (91282CCF6) U.S. Government 1.34% 5/31/2026 1004 250,000.00 225,468.75 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S. Government 1.35% 6/30/2026 1034 250,000.00 225,976.55 244,821.96 Treasury Note, 1.625%, (91282YQ7) U.S. Government 4.00% 10/31/2026 1157 250,000.00 228,906.25 227,869.30 Treasury Note, 2%, (91282024) U.S. Government 4.31% 11/15/2026 1172 250,000.00 231,484.38 228,317.27 Treasury Note, 1.25%, (91282CDK4) U.S. Government 1.28% 11/30/2026 1187 250,000.00 225,781.25 249,602.02 Treasury Note, 1.5%, (912828278) U.S. Government 3.64% 1/31/2027 1249 250,000.00 226,796.88 231,040.31 Treasury Note, 2.25%, (912828V98) U.S. Government 4.29% 2/15/2027 1264 250,000.00 232,421.88 229,819.14 Treasury Note, 2.5%, (91282CEF4) U.S. Government 3.96% 2/16/2027 1265 250,000.00 234,218.75 235,031.06 Treasury Note, 2.75%, (91282CEN7) U.S. Government 3.71% 4/30/2027 1338 250,000.00 235,976.55 241,094.62 Treasury Note, 3.25%, (91282CEW7) U.S. Government 3.70% 6/30/2027 1399 250,000.00 240,000.00 245,668.13 Treasury Note, 3.125%, (9 l 282CFH9) U.S. Government 4.19% 8/31/2027 1461 250,000.00 238,554.68 238,232.21 Treasury Note, 4.125%, (9 l 282CFU0) U.S. Government 4.02% 10/31/2027 1522 250,000.00 247,695.30 250,962.10 Treasury Note, 2.25%, (9128283F5) U.S. Government 401% 11/15/2027 1537 250,000.00 229,882.80 232,267.50 19,363,314.10 18,804,821.73 19,073,938.92

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

REPORT OF ABILITY TO MEET REQUIRED EXPENDITURES FOR THE NEXT SIX MONTHS Based upon currently budgeted revenues and expenditures, the City currently has sufficient liquid financial resources to meet anticipated expenditures during the period 9/01/23 through 3/01/24.

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

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

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

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

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

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

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

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

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 25, 2023

ITEM FOR COUNCIL CONSIDERATION
Second reading 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
Adopt Ordinance No. 769 (second reading).

Sample Motion: I move to adopt Ordinance No. 769
(This motion requires 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 s" Street.

In 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 siqnaqe 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. 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.

On September 11, 2023 City Council approved the first reading 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.

DISCUSSION
The proposed Ordinance No. 769, as shown as Attachment B, includes amendments to the rules for users of the Skate Park. Approval of the ordinance on second reading will result in the new rules becoming effective with the ordinance, 30 days from the Council's action and barring legal challenge.

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.

FINANCIAL 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
Adopt Ordinance No. 769 (second reading)
Decline adoption of Ordinance No. 769 (second reading) and provide direction to staff as appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
Attachment A:

Attachment B:

Staff contact:

Ordinance Redline - Scooter Update
Ordinance No. 769
Aida Thau, Management Analyst II
(805) 755-4432; [email protected]
Reviewed by:

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

ATTACHMENT A

10.62 - Skateboard inµ. Riding Scooters. and Skating.

10.62.01 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.
~ g.,._"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.

10.62.020 - Prohibitions.

Except as provided in this chapter, no person shall ride or propel a skateboard-cs, 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. In public parking facilities, public parking lots, or other public areas which are posted with signs prohibiting skateboarding, riding scooters and/or mUef skating.

10.62.030 - 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.

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 and in-line skates, as defined at chapter 10.62.01 0(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 10.62.01 0(B) of this code.

3. "Scooter" refers to a nonmotorized. human-powered wheeled recreational vehicle 24927706.3
with a handlebar, deck and wheels that is propelled by a rider pushing off the ground, as defined at chapter 10.62.01 O(C)

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. a:--"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.

7. €h-"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 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 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 any person riding or using a Skateboard or Skatesskateboard, 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 non motorizednonmotorized skateboards, scooters and skates are allowed in the skate
2-:-park. Prohibited devices include, but are not limited to, bicycles, scooters, 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 24927706.3
tobacco relatedtobacco- related 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 II of the Americans with Disabilities Act (ADA) at 28 CFR § 35.136.

7. In 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. In 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) of 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.
24927706.3

18. 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.

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. If 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 whi!e 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 skateboarding and skating injuries in the skate park in accordance with Health & Safety Code §Section 115800.

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 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, 24927706.3

ATTACHMENT B
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 "hazardous 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:

1. 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 a hazardous 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. Incorporation of Recitals.

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

SECTION 2. Amendment to Code.
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

10.62.010 - 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.

10.62.020-Prohibitions.

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. In public parking facilities, public parking lots, or other public areas which are posted with signs prohibiting skateboarding, riding scooters and/or skating.

10.62.030 - 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 to Code.

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

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 10.62.01 0(A) 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 10.62.01 0(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 designated by 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 rules in this section for the duration of the special event.

Reasonable notice shall be posted at the skate park to the effect that any person 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.

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.AII 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.

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.
24927706.3
Ordinance No. 769

Page 5 ends

17.AII 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.

18. 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.

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 115800.

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 115800.

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.

PASSED, APPROVE AND ADOPTED this 25
th day of September, 2023 by the following
called vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER(S):

COUNCILMEMBER(S):
24927706.3
Ordinance No. 769

Page 7 ends

Mayor, City of Carpinteria
ATTEST:

Brian C. Barrett, CMC, CPMC
City Clerk City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the 25th day of September, 2023
Brian C. Barrett, CMC, CPMC
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

COUNCIL AGENDA STAFF REPORT
September 25, 2023

ITEM FOR COUNCIL CONSIDERATION
Authorization to issue a Notice Inviting Bids for the 2022 Pavement Rehabilitation Project (Project No. 15132).

STAFF RECOMMENDATION
Authorize the Public Works Director to advertise the Notice Inviting Bids for the 2022 Pavement Rehabilitation Project (Project No. 15132).

Sample Motion: I move to authorize the Public Works Director to advertise the Notice Inviting Bids for the 2022 Pavement Rehabilitation Project (Project No. 15132).

BACKGROUND
On May 27, 2022, staff presented a street selection list of the 2022 Pavement Rehabilitation Project to the Public Facility Site Acquisition/Development Committee for recommendation to the City Council, and the Committee concurred with the street selection list. The general scope of work of the project would include pavement rehabilitation, pedestrian facility upgrades (e.g. curb ramps and sidewalks) as needed for compliance with the Americans with Disabilities Act, and drainage improvements.

The project will also incorporate technologies and material recycling techniques that lower greenhouse gas emissions and reduce the cost of pavement maintenance through material choice and construction method.

On September 12, 2022, the City Council authorized the City Manager to execute an Agreement with Cannon Corporation to provide consulting design services for the 2022 Pavement Rehabilitation Project that incorporated said street selection list. On January 23, 2023, the City Council authorized the City Manager to execute Amendment No. 1 to the Agreement with Cannon Corporation to provide additional consulting design services for incorporating the streets of Fourth Street, Kathy Street, Lisa Street, and Myra Street. On July 24, 2023, the City Council authorized the City Manager to execute Amendment No. 2 to the Agreement with Cannon Corporation to provide additional consulting design services for minor storm drain improvements to be incorporated with this project at the Vallecito Road and Star Pine Road intersection.

Authorize the Notice Inviting Bids for 2022 Pavement Rehabilitation Project (Project No. 15132) September 25, 2023

Page 2 ends

The following list is the proposed streets for the 2022 Pavement Rehabilitation Project:

Street Selection List
Street Name Block Begin Limit End Limit
Byrnes Lane 1200 End Cameo Road
Callejon Drive 5500 Concha Loma Drive End
Cameo Road 5500 La Brea Lane Casitas Pass Road
Dorrance Way 4700 Ash Avenue Holly Avenue Intersection
Dorrance Way 4700 to 4800 Holly Avenue Intersection Elm Avenue Dorrance Way 4900 Elm Avenue Linden Avenue
El Carro Lane 4500 to 4600 Santa Ynez Avenue Azalea Drive Intersection El Carro Lane 4700 Azalea Drive Intersection Sterling Avenue Fourth Street
1 4500 to 4700 Holly Avenue End
Kathy Street 1500 Dariesa Street End
Lisa Street 1500 Dariesa Street End
Myra Street 1500 Dariesa Street End
Retorno Drive 5500 Concha Loma Drive South end
Star Pine Road
2 5300 East end Vallecito Road
Vallecito Road 1000 to 1100 North end Carpinteria Avenue 1 Colored mountable curb only for consistency with Third Street and Dorrance Way. 2 Pavement rehabilitation and Vallecito Road and Star Pine Road intersection minor storm drain improvements.

Design of all of said streets as well as the minor storm drain improvements for the Vallecito Road and Star Pine Road intersection is complete, and the bid documents will be ready to be issued. The purpose of this agenda matter is for the City Council to authorize the Public Works Director to advertise the Notice Inviting Bids for the 2022 Pavement Rehabilitation Project.

DISCUSSION
The estimated construction schedule is as follows:

Open Bids
Award Contract
Construction
November 2023
December 2023
January 2024

POLICY CONSISTENCY
The recommendation is consistent with the many goals, objectives, and policies in the Circulation Element of the General Plan and Local Coastal Land Use Plan including establishing and maintaining a roadway system capable of providing for the safe and efficient movement of goods and people through the community.

Authorize the Notice Inviting Bids for 2022 Pavement Rehabilitation Project (Project No. 15132) September 25, 2023

Page 3 ends

FINANCIAL CONSIDERATIONS
There is no cost in approving the recommendation. The project anticipates a combination of revenue sources including Measure A, Measure X, and Senate Bill 1 [Road Maintenance & Repair Account (RMRA)]. Once the bids are received and analyzed by staff, a recommendation will be presented to the City Council at a future date.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with the formal bidding procedures of the Uniform Construction Cost Accounting Act (Public Contract Code Section 22030 et al.).

OPTIONS

1. Authorize the Public Works Director to advertise the Notice Inviting Bids for the 2022 Pavement Rehabilitation Project (Project No. 15132). (Staff recommendation)

2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate; however, non-action would delay the project.

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

ATTACHMENTS
Attachment A: Location Map
Staff contact:

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

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

COUNCIL AGENDA STAFF REPORT
September 25, 2023

ITEM FOR COUNCIL CONSIDERATION
Authorization for the City Manager to execute the proposed lease agreement between the City of Carpinteria and the Friends of the Carpinteria Public Library (FOL) concerning the City owned property at 5103 Carpinteria Avenue, also known as the Seaside Building.

STAFF RECOMMENDATION
Authorize the City Manager to approve and execute the proposed new lease between the City of Carpinteria and the Friends of the Carpinteria Public Library (FOL) concerning the City Owned property at 5103 Carpinteria Avenue, also known as Seaside Building.

Sample Motion: I move to approve the proposed lease between the City of Carpinteria and the Friends of the Carpinteria Public Library and authorize the City Manager to execute it. (Requires a roll call vote.)

BACKGROUND
The City acquired and renovated the Seaside building in 2009. The building is named after the Seaside Oil Company that used it as an administrative office in the 1930's. An original decorative plaster relief of the Seaside Oil Company logo remains on the street-facing gable end of the building today.

After the renovation was completed, the City considered various uses and tenancy for the building, ultimately approving a lease with the FOL. Attachment A to this Report is the current lease.

The FOL is a non-profit organization that operates for the sole purpose of providing direct support to the Carpinteria Library. The organization operates a used book store to generate revenue that is donated to the City for Library operations and a representative of FOL serves as a liaison to the City's Library Advisory Commission. The used book store has proven to be a reliable revenue generator as Seaside Building Lease
. September 25, 2023

Page 2 ends

the FOL contributions to the Carpinteria Community Library operations has been significant.

The current lease obligates the City to pay for all costs associated with the building's maintenance and operations, e.g., utilities and janitorial services. The current lease charges a reduced monthly rent of $1,321.37 ($15,856 annual) approved by the Council that covers only the City's direct expenses for the building (excluding long-term maintenance/ replacement costs or overhead).

In July of 2022, the City assumed responsibility for the operation of the Carpinteria Community Library, including staffing and all other expenses.

On February 14, 2023, the FOL sent a letter to City Council requesting that the lease be renegotiated (Attachment B). The letter further requested that the monthly rental be reduced to $1 per year, while pledging to commit a minimum annual contribution of $50,000 to the Carpinteria Community Library.

The proposal was considered by the City Council Public Facility Site Acquisition/ Development Committee at its meeting of March 23, 2023. The Committee recommended that the matter be forwarded to the City Council to consider initiation of the amendment as requested.

On May 8, 2023 the City Council directed staff to open lease negotiations in response to the request received by the FOL, to establish a new lease between the City and FOL for its operation of a used bookstore at the Seaside Building.

DISCUSSION
In response to the request received by the FOL on February 14, 2023, and following City Council direction to prepare a lease consistent with the FOL request on May 8, 2023, City staff initiated the lease negotiations.

The proposed lease (Attachment C) was developed by City staff and City Attorney's Office. Below is a list of the key bullet points of the agreement, that reflect the main components that the FOL requested through their February 14, 2023 letter. • A 5 year term
• A $1 /year lease rate
• A minimum funding contribution of $50,000 to the Carpinteria Community Library that pays for materials and programming (not building maintenance) • A quarterly payment-schedule
The FOL Board of Directors reviewed the proposed lease and provided their approval on September 19, 2023.

Seaside Building Lease
September 25, 2023

Page 3 ends

POLICY CONSISTENCY
The City and the FOL have successfully partnered to support the operation of the Carpinteria Community Library. Initiating a new lease in response to the FOL request is consistent with the City's interest in maintaining this successful partnership.

FINANCIAL CONSIDERATIONS
The proposed lease allows the FOL to pay a nominal rent of $1 annually while requiring a minimal annual contribution of $50,000 to the City for Library operations.

The annual contributions will be used toward library programs and materials only.

Should the proposed lease be approved, the City will continue to incur operating costs for the Seaside Building but will no longer receive lease revenue to partially offset those costs.

The FOL last rent payment took place on May 2023. The City will provide the corresponding rent invoice to cover the period June - September 2023, if City Council decides to approve the proposed lease agreement.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The proposed new lease has undergone review by the City Attorney's Office.

OPTIONS

1. Authorize the City Manager to approve and execute the proposed lease agreement. (Staff recommendation)

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

PRINCIPAL PARTIES EXPECTED AT MEETING
Representatives of the Friends of the Carpinteria Public Library.

ATTACHMENTS
Attachment A: Current lease agreement between the City of Carpinteria and Friends of the Carpinteria Public Library
Attachment B: Letter from the Friends, February 14, 2023 Attachment C: Proposed new lease agreement between the City of Carpinteria and Friends of the Carpinteria Public Library ,?: I ~
Staff Contact: Aida Thau, Management Analyst II &d,{,L \I~ (805) 755-4432, [email protected] Signature
Seaside Building Lease
September 25, 2023

Page 4 ends

Reviewed by: Michael Ramirez, Assistant City Manager
(805) 755-4450, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
I J)C-01' J{.~:i,~,___
~~
Seaside Building Lease
September 25, 2023

Page 5 ends

Attachment A
Previous lease agreement between the City of Carpinteria and Friends of the Carpinteria Public Library

BUILDING LEASE BY AND BETWEEN
.THE CITY OF CARPINTERIA
AND

FRIENDS OF THE CARPINTERIA PUBLIC LIBRARY
This BUILDING LEASE ("Lease") is made and entered into as of this _J_ day of _J\.Ot..< . ...- , 2016, by and between the City of Carpinteria, a municipal corporation located in the County of Santa Barbara, State of California ("Landlord" and sometimes "City"), and Friends of the Carpinteria Public Library, a non-profit California corporation ("Tenant") with reference to the following facts and intentions:

RECITALS:

A. WHEREAS, Landlord is the owner of record of the real property and improvements located at 5103 Carpinteria Avenue, Carpinteria California 93013 and identified as APN # 004-047-001 ("the Property"); and
B. WHEREAS, Tenant is in need of a place to conduct its business operations within the City of Carpinteria; and
C. WHEREAS, on an interim basis Landlord desires to lease to Tenant and Tenant desires to lease from the Landlord a portion of the Property ("the Premises"), as hereinafter more fully described, on the terms and conditions in this Lease; and D. WHEREAS, Landlord and Tenant have entered into previous leases of the Premises and now desire to enter into a new lease agreement and further intend that this Lease shall supersede and replace all prior lease agreements.

NOW, THEREFORE, IN CONSIDERATION OF THE TERMS, COVENANTS AND CONDITIONS

CONTAINED HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT

AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, LANDLORD AND TENANT HEREBY AGREE AS FOLLOWS:

I. SUBJECT OF LEASE
I. I

1.2 The Premises. Landlord hereby leases, transfers and demises to Tenant and Tenant hereby leases and takes from Landlord the Premises, which constitute approximately one thousand eighty seven (1,087) square feet of inside rentable space, or approximately ninety-four (94%) of the total square footage of inside rentable space in the Property, as shown on the floor plan of the Property attached as Exhibit "A", on the terms and upon the agreements, covenants and conditions set forth in th is Lease.

Common Areas. In addition to Tenant's rights to use and occupy the Premises as specified herein, Tenant shall have non-exclusive rights to occupy Common Areas (as hereinafter defined), but shall not have any rights to the roof or exterior walls of the building(s) on the Property, subject to the terms and upon the agreements, covenants and conditions set forth in this Lease.

1.2.1 Common Areas - Definition. The term "Common Areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Property that are provided and designated by the Landlord from time to time for the general nonexclusive use of Landlord, Tenant and other tenants of the Property and their respective Pagel of 19
employees, suppliers, shippers, customers, contractors and invitees, including restroom facilities, parking areas, loading and unloading areas, trash areas, walkways, driveways and landscaped areas. The Common Areas include, but are not limited to, the interior restroom of approximately seventy-two (72) square feet and storage space in the Janitor's Closet within the Premises.

1.2.2 Common Areas -Tcmmt's Rights. Landlord grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Project. Tenant shall obtain prior written consent from Landlord to store any property, temporarily or permanently, in the Common Areas. In the event that any unauthorized storage shall occur then Landlord shall have the right, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be payable upon demand by Landlord.

1.2.3 Rules and Regulations. Landlord shall have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations ("Rules and Regulations") for the management, safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well as for the convenience of other occupants or tenants of the Premises and the Property and their invitees. Tenant agrees to abide by and conform to all such Rules and Regulations, and shall use its best efforts to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with said Rules and Regulations by other tenants of the Property.

1.2.4 Common Areas - Changes. Landlord shall have the right, in Landlord's sole discretion, from time to time: (a) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways and utility raceways; (b) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (c) to add additional buildings and improvements to the Common Areas; (d) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Project, or any portion thereof; and (f) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Project as Landlord may, in the exercise of sound business judgment, deem to be appropriate.

I .3 Parties to the Lease.

1.3.1 Landlord. Landlord is the City or Carpinteria, a municipal corporation located 111 the County of Santa Barbara, California.

1.3.2 Tenant. Tenant is Friends of the Carpinteria Public Library, a non-profit California corporation located in the County of Santa Barbara, California.

Page 2 ends

2. POSSESSION OF THE PREMISES

2.1 As-Is Condition. The Premises will be delivered to Tenant in its "as is" condition on the date of Tenant's Acceptance as defined in paragraph 2.2 below.

2.2 Acceptance of the Premises, Except as may be otherwise provided herein, Tenant shall, by entering into and occupying the Premises or using any portion of the Premises, be deemed to have accepted the Premises and to have acknowledged that the same is then in the condition called for by th is Lease.

2.3 Quiet Enjoyment. Except as expressly provided under this Lease, Tenant, upon performing and complying with all covenants, agreements, warranties, terms and conditions of this Lease to be performed, or complied with by Tenant, shall lawfully and quietly hold, occupy and enjoy the exclusive use of the Premises during the Term (as defined in Article 3) of this Lease.

2.4 Surrender of the Premises. Upon the expiration or termination of the Term of this Lease, Tenant shall peaceably and quietly leave and surrender the Premises to Landlord, broom clean and in good order, condition and repair, reasonable wear and tear excepted.

3. TERl\tl

3.1 Duration and Commencement. The initial term ("Initial Term") of this Lease shall commence on July I, 20 I 6 and continue through .lune 30, 2021.

3.2 Request for Extension.
3 .2.1 Landlord and Tenant agree that Tenant may request an extension of the Initial Term of this Lease subject to all the provisions herein contained for consecutive one (I) year periods (the "Extended Term") following the expiration of the Initial Term, provided Tenant shall give written notice of said request to Landlord not less than three (3) months prior to the expiration of the Term, and provided further that Landlord may agree to such Extended Term in its sole discretion.

3.2.2 Tenant expressly acknowledges and agrees that Landlord is renting the Premises to Tenant on an interim basis while Landlord determines a long term use for the Property and that Landlord may deny a request for extension under this Section 3.2 if, among other reasons, Landlord elects to use the Premises and/or the Property for itself or any of the public bodies and agencies related to the City. Tenant further agrees to cooperate with Landlord to the fullest extent possible, in Landlord's efforts to secure a long term use for the Property.

Page 3 of 19 ends

(iii) The Premises shall be in good operating condition with no material deferred internal or external maintenance other than normal wear and tear and subject to normal and customary replacements and repairs; and
(iv) Tenant shall not be in violation of any ordinance or regulation of the City at time the notice of exercise is given or on the last day of the Term.

4. RENT
Tenant shall pay, without demand or delay, abatement, deduction, or offset, the Rent in such amounts as provided herein.

4.1 Securitv Deposit. Concurrently with the execution of this Lease, Tenant shall deposit with Landlord a Security Deposit in the amount of one thousand four hundred dollars ($1,400.00), and thereafter, during the continuance of this Lease, shall maintain the Security Deposit with Landlord. The Security Deposit shall be security for the full, prompt and faithful performance by Tenant of all of its obligations hereunder. Landlord shall have the right, but not the obligation, to apply the Security Deposit or any part thereof toward the cost and expense (including Landlord's attorneys' and other professional fees, if any) of curing any default on the part of Tenant; in which event, Tenant shall restore the Security Deposit to its original amount within thirty (30) days after receipt of Landlord's written request to do so. A failure to restore the Security Deposit shall be a material breach of this Lease. Upon expiration or termination of this Lease and vacation of the Premises in the manner required by this Lease, the Security Deposit, or portion thereof remaining unapplied after the curing of every default by Tenant shall be returned to Tenant. No interest shall be payable to Tenant on account of the Security Deposit.

4.2 Monthly Reul. Tenant shall pay to Landlord as rental for the use and occupancy of the Premises, one thousand sixty eight dollars ($1,068.00) per month during the Initial Term, in lawful money of the United States ("Monthly Rent"). The rent shall be due on the first day of each calendar month.

If Landlord agrees to any one year Extended Terms, then upon the expiration of the Initial Term and upon expiration of each Extended Term, the rental rate of one thousand sixty eight dollars ($1,068.00) per month shall be adjusted according to any increase in the Consumer Price lndex of the United States Department of Labor, Bureau of Labor Statistics for All Urban Consumers, All Items ("CPI") for LA-Riverside-Orange County, California Series Id: CUURA42 I SAO (not seasonally adjusted).

The Beginning Index for computing the adjustment for the Extended Tenn is the March 2016 CPI - 247.873. For any agreed to extension, the monthly rent for the following year until the next rent adjustment will be set by multiplying $1,068.00 by a fraction, the numerator of which is the most recently published March Index and the denominator of which is the Beginning Index (247.873). Provided, however, that in no event shall any adjusted rent be less than the rent for the month immediately preceding the adjustment. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely reflects the CPI.

4.3 Payment. All payments required to be made by Tenant under this Lease shall be made without any setoff, deduction or counterclaim whatsoever and shall be made by check, payable to the "City of Carpinteria" and delivered to the City at 5775 Carpinteria Ave., Carpinteria, California YJ0 I J Attn: City Manager or any other location as the City may designate.

Page 4 of 19 ends

4.4 Late Charges; Lease Termination. Any Rent not paid to Landlord within ten (10) days of the due date under this Lease shall be subject to a late fee of ten percent (10%) of the amount then owing. The parties understand and agree that the late fee is a fair and reasonable estimate of the cost of the late payment to Landlord.

Notwithstanding the above, the parties also understand and agree that persistent and chronic late payments are disruptive and costly to Landlord, requiring Landlord to devote additional time, money, resources and energy to the administration of this Lease, all of which can not be sufficiently reimbursed to Landlord by way of Tenant's payment of the late fee. Therefore, Tenant's failure to pay any Rent for three (3) consecutive periods, or four (4) periods during any twelve (12) month period, shall be deemed a material and incurable default under this Lease, giving rise to Landlord's right, in its sole discretion, to terminate this Lease upon thirty (30) days notice. Landlord's decision not to exercise this remedy at any time during the Term of this Lease shall not act to waive Landlord's right to exercise such remedy at a future date during the Term.

4.5 . Utility and Services. Tenant shall contract and pay for all telephone and cable services to the Premises which shall all be billed directly to Tenant. Landlord shall contract and pay for electric, water, sanitary, trash, janitorial and gas services to the Premises which shall all be directly billed to and paid by Landlord.

4.6 Taxes, Assess men ts anti Charges. Tenant covenants to pay when due, its pro rata share of all applicable taxes, assessments (including, without limitation, all assessments for public improvements or benefits, whether or not commenced or completed prior to the date hereof and whether or not to be completed within the term hereof), rates and charges, excises, levies, license fees, permit fees, inspection fees and other authorization fees and other charges, in each case, whether general or special, ordinary or extraordinary, foreseen or unforeseen, of every type of character (including all interest and penalties thereon), which at any time during or in respect of the term hereof may be assessed, levied, confirmed or imposed on, or in respect of, or be measured by, or become a lien upon Landlord, the Property, this Lease or any part thereof, or any estate, or right or interest therein.

4.7 Notice of Possessory Interest; Payment of. In accordance with California Revenue and Taxation Code Section I 07.6(a) this Lease may create a possessory interest that is subject to taxation. If such interest is created, Tenant may be subject to the payment of property taxes levied on said possessory interest. Tenant agrees to pay these amounts as Additional Rent in the same manner and on the same schedule as the Monthly Rent.

5. USE OF THE PREMISES

5.1 Permitted Use. The Premises shall be used only for the purpose of conducting Tenant's business of selling used and new books and the operation of Tenant's related business and nonprofit activities. Tenant shall operate the business and conduct activities therein in a prudent and businesslike manner and in full compliance with all terms and conditions of this Lease.

5.2 Prohibited Uses. Tenant shall not use, or allow use of, the Premises for any activity other than as set forth in paragraph 5.1 without the prior written consent of Landlord. Tenant's uncured breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

Page 5 ends

5.3 Compliance with Rules and Regulations. Tenant agrees to comply with all rules and regulations of City that are at any time posted on the Premises or delivered to Tenant.

5.4 Compliance with Laws. Tenant shall not occupy or use the Premises, or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises, in whole or in part, for other than legal purposes, or for a purpose or in a manner liable to create a public or private nuisance or to cause structural injury to the Premises or any part thereof, or which may make it difficult, impossible or cost prohibitive to obtain fire or other insurance thereon required to be furnished by Tenant hereunder, or in violation of any certificate of occupancy or evidence of compliance issued by any governmental agency covering or affecting the use of the Property, or in violation of any ordinance or regulation of the City. Tenant's uncured breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

5.5 Alterations; lmprovcmcnts. Tenant shall not, without the Landlord's prior written consent, make any alterations, improvements or additions in or about the Premises. As a condition to giving any such consent, the Landlord may require the Tenant to remove any such alterations, improvements, or additions at the expiration of the term and to restore the premises to their prior condition by giving Tenant forty-five (45) days written notice prior to the expiration of the term.

Unless the Landlord requires their removal as set forth above, all alterations, improvements or additions which are made on the Premises by the Tenant shall become the property of the Landlord and remain upon and be surrendered with the Premises at the expiration of the term.

Any damage to the Premises caused by said removal shall be repaired at Tenant's sole cost.

6. LIENS

7. INDEMNIFICATION, BUSINESS INTERRUPTION AND INSURANCE

7.1 General Indcmnificariou. Tenant hereby indemnifies, holds harmless and agrees to defend Landlord from and against all claims, damages, expenses (including, without limitation, reasonable attorneys' fees and reasonable investigative and discovery costs), liabilities and judgments on account of injury to persons, loss of life, or damage to property occurring on the Premises and Property and caused by the alleged active or passive negligence or willful misconduct or Tenant, its agents, servants or employees. Tenant's obligations with respect to indemnification hereunder shall remain effective, notwithstanding the expiration or termination of this Lease, as to claims arising or accruing prior to the expiration or termination of this Lease.

7.2 Business Interruption. Tenanl agrees that no claims for damages, loss or business, or loss of income either direct or indirect shall be made against Landlord as a result of improvements to the Premises or Common Areas.

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7.3 Liability Insurance Coverage and Limits. Throughout the Term of this Lease, and the Extended Term, if applicable, Tenant agrees to maintain, and/or cause to be maintained, at no cost to Landlord, liability insurance insuring its interests against claims for personal injury, bodily injury, death and property damage occurring on, in or about the Premises and the ways immediately adjoining the Premises, with a "Combined Single Limit" (covering personal injury liability, bodily injury liability and property damage liability) of not less than One Million Dollars ($1,000,000.00). Landlord and its officials, employees and agents shall be covered and named as additional insureds with respect to liability arising from activities performed by or on behalf of Tenant. The insurance limits in this section shall be subject to increase from time to time by such amounts as Landlord and Tenant may reasonably agree is necessary or desirable, as may be evidenced by the practice of similarly situated properties. Tenant shall provide Landlord with written evidence that such insurance is in force prior to the commencement date of this lease.

7.4 Property Casualty Insurance. Throughout the Term of the Lease, and the Extended Term, if applicable, Landlord shall cause the Premises to be insured against loss or damage by fire and the perils commonly covered under the standard extended coverage endorsement. 7 .5 Personal Property Insurance. Tenant shall obtain and maintain insurance coverage on all of Tenant's personal property, along with any trade fixtures, and Tenant-owned alterations. Such insurance shall be f u II replacement cost coverage with a deductible of not to exceed $ I ,000 per occurrence. The proceeds from any such insurance shall be used by Tenant for the replacement of personal property, trade fixtures, and Tenant-owned alterations. Landlord shall be named as an additional insured. Tenant shall provide Landlord with written evidence that such insurance is in force prior to the commencement date of this lease.

7.6 Damages for Failure to Provide Insurance. This Section is applicable only in the event that Tenant is not in compliance with the requirements to maintain insurance as set forth in this Article 7. Landlord shall not be limited in the proof of any damages which Land lord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insurance, but Landlord shall also be entitled to recover as damages for such breach the uninsured amount of any loss (to the extent of any deficiency in the insurance required by the provisions of this Lease), damages, costs and expenses of suit, including attorneys' fees, suffered or incurred by reason of damage to, or destruction of, the Premises or Property, occurring during any period in which Tenant shall have failed or neglected lo provide insurance as aforesaid. Tenant's uncured breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

7.7 Landlord Discretion to Insure. Landlord, in its sole discretion, throughout the Term of this Lease, shall have the right to obtain a commercial comprehensive general liability insurance pol icy on the Property or alternatively, may self-insure the Property.

8. DAMAGE OR DESTRUCTION

8.1 Reconstruction and/or Removal. If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within ninety (90) days from the date of damage, subject to the

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terms of this paragraph, this Lease shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this Lease by giving the other written notice. Rent shall be abated as of the date of damage. The abated amount shal I be the current Rent prorated on a thirty (30) day basis. If this Lease is not terminated, and the damage is not repaired, the Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guest, only Landlord shall have the right of termination, and no reduction in Rent shall be made.

9. ASSIGNMENT AND SUBLETTING

9.1 Prior Written Consent. Tenant may not assign or sublet all or any portion of its interest in this Lease without Landlord's prior written consent, which may not be unreasonably withheld by Landlord.

9.2 Assignment of Landlord's Interest in Lease or the Leased Premises. Landlord may convey, transfer, sell, assign or otherwise transfer the Properly thi · Lease, all or a portion of its interest thereunder, and/or all or a portion of the payments that are payable to it by Tenant pursuant to this Lease. Tenant hereby consents and agrees to any such transfer which Landlord considers necessary or proper, regardless of the reason or reasons for which Landlord makes such transfer and regardless of the entity that is the Transferee thereunder.

I 0. PERFORMANCE OF TENANT'S COVENANTS

10.1 Righi of Performance. If Tenant shall at any time fail to pay any tax, assessment, fee or other charge in accordance with this Lease, within the time period therein permitted or shall fail to pay for or maintain any of the insurance policies provided for in this Lease, within the time therein permitted, or fail to make any other payment or perform any other act on its part to be made or performed hereunder, within the time permitted by this Lease, then Landlord, after ten ( I 0) days' written notice as to payments of Rent with other charges and thirty (30) days' written notice as to other breaches, given to Tenant ( or, in case of an emergency, on such notice, or without notice, as may be reasonable under the circumstances) and without waiving or releasing Tenant from any obligation of Tenant hereunder, may (but shall not be required to):

10.1.1 Pay such tax, assessment, fee or other charge payable by Tenant, or IO. l .2 Pay for and maintain such insurance policies provided for, or I 0.1.3 Make such other payment or perform such other act on Tenant's part to be made or performed as in this Lease provided.

I 0.2 Reimbursement and Damages. All sums so paid by Landlord and all costs and expenses incurred by Landlord in connection with the performance of any such act, together with interest thereon, shall constitute an obligation payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. A failure by Tenant to make such a payment shall be a material breach of this Lease. Landlord shall not be limited in the proof of any damages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insurance, but Landlord shall also be entitled to recover as damages for such breach, the uninsured amount of any loss (to the

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extent of any deficiency in the insurance required by the provisions of this Lease), damages, costs and expenses of suit, including attorneys' fees, suffered or incurred by reason of damage to, or destruction of, the Premises, occurring during any period in which Tenant shall have failed or neglected to provide insurance as aforesaid.
1 I. HAZARDOUS MATERIALS

11.1 Laudlorcl's Representations and Warranties. Except as identified by Landlord in writing to Tenant as known environmental conditions prior to the execution of this Lease, Landlord makes no representation or warranty regarding the condition of the Premises or Property.

11.2 No Use of Hazardous Materials on the Premises. Tenant covenants and agrees that it shall not, and that it shall not permit any licensee to, treat, use, store, dispose, release, handle or otherwise manage Hazardous Materials on the Premises except in connection with any construction, operation, maintenance or repair of the Premises or in the ordinary course of its business, and that such conduct shall be done in compliance with all applicable federal, state and local laws. Tenant's violation of the foregoing prohibition shall constitute a material breach hereunder and Tenant shall indemnify, hold harmless and defend the Landlord for such violation as provided below.

I I .3 Notice and Remediation by Tenant. Tenant shall, within five (5) days of such occurrence or immediately in cases of imminent threat of injury to life or property, notify Landlord of any significant release of any Hazardous Materials, and/or any notices, demands, claims or orders received by Tenant from any governmental agency pertaining to Hazardous Materials which may affect the Property. Tenant's breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

11.4 li:nvironmcnfal lndc,nnit"y l>y Tenant. Tenant hereby agrees to hold harmless, defend and indemnify Landlord and its employees, members and officials from and against all liability, loss, damage, costs, penalties, fines and/or expenses (including attorney's fees and court costs) arising out of or in any way connected with (a) Tenant's breach or violation of any covenant, prohibition or warranty in this Lease concerning Hazardous Materials, or (b) the activities, acts or omissions of Tenant, its employees, contractors or agents on or affecting the Premises from and after the Possession Date, including but not limited to the release of any Hazardous Materials or other kinds of contamination or pollutants of any kind into the air, soil, groundwater or surface water on, in, under or from the Premises whether such condition, liability, loss, damage, cost, penalty, fine and/or expense shall accrue or be discovered before or after the termination of this Lease.

This indemnification supplements and in no way limits the scope of the indemnification set forth in Article 7.

11.5 Release by Tenant. Tenant waives, releases, acquits and forever discharges Landlord and its employees, members and officials or any other person acting on behalf of Landlord, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, or compensation (collectively "Claims") whatsoever including, but not limited to, all Claims at common law, whether direct or indirect, known or unknown, foreseen or unforeseen, which Tenant has as of the Possession Date on account of or in any way growing out of or in connection with any Hazardous Materials or other conditions on, in, under, from, or affecting the Premises, or any law or regulation applicable thereto. Tenant is hereby subrogatcd to any and all rights possessed by Landlord against third parties with respect to said Claims.

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l 1.6 Environmental Indemnity by Landlord. Landlord hereby agrees to hold harmless, defend and indemnify Tenant and its employees, members, officers, directors, and agents from and against all liability, loss, damage, costs, penalties, fines and/or expenses (including attorney's foes and court costs) arising out of or in any way connected with the activities, acts or omissions of persons or entities other than Tenant, its employees, contractors or agents on or affecting the Premises, including but not limited to the release of any Hazardous Materials or other kinds of contamination or pollutants of any kind into the air, soil, groundwater or surface water on, in, under or from the Premises whether such condition, liability, loss, damage, cost, penalty, fine and/or expense shall accrue orbed iscovered before or after the termination of this Lease.

11.7 Release by Landlord. Landlord waives, releases, acquits and forever discharges Tenant and its employees, members, officers, directors, agents, or any other person acting on behalf of Tenant, of and from any and all Claims whatsoever including, but not limited to, all Claims at common law, whether direct or indirect, known or unknown, foreseen or unforeseen, which Landlord has as of the Possession Date on account of or in any way growing out of or in connection with any Hazardous Materials or other conditions on, in, under, from, or affecting the Premises, or any law or regulation applicable thereto.

11.8 Termination. The agreements and obligations of the Parties under this Article 11 with regard to indemnification of Landlord or Tenant shall survive the scheduled termination or sooner expiration of the Term for any reason, for five (5) years and al] claims relating thereto must be delivered in writing to Landlord or Tenant, as the case may be, within such period.

12. REPRESENT A TlONS AND WARRANTIES

12.1 Lmullord's Representations and Warranties. Landlord represents and warrants to Tenant that:

12.1.1 Landlord bas full right and authority to grant the estate and the other rights demised herein and to execute and perform all of the terms and conditions of this Lease.

12.1.2 Tenant, upon performing and complying with all covenants, agreements, terms and conditions of this Lease to be performed or complied with by it, shall peaceably and quietly have, hold and enjoy the full possession and use of the Premises and the easements, rights-of-way, rights, privileges, benefits and appurtenances belonging thereto throughout the Term.

12.1.3 Landlord has the power and authority to enter into this Lease and perform all the obligations of Landlord hereunder.

12.2 Tenant's Representations and Warranties. Tenant represents and warrants to Landlord that:

12.2.1 Tenant has examined the Premises and accepts the Premises in its "as is" condition.

12.2.2 Tenant acknowledges that Landlord has not made any representations or warranties regarding the condition of the Premises, or its suitability for the use of the Premises contemplated by this Lease.

12.2.3 Tenant has the right, power and authority to enter into this Lease and to perform all the obligations of Tenant hereunder.

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13. EVENTS OF DEFAULT; REMEDIES

13.1 [vents of Default. Any one or all of the following events after thirty (30) days written notice to Tenant, unless a shorter period is specified, shall constitute an Event of Default hereunder:

13.1.1 The default in the payment of any Monthly Rent or Additional Rent or other charges by Tenant when and as the same becomes due and payable and such default continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; or

13.1.2 The abandonment or vacation of the Premises by Tenant; or

13.1.3 The entry of any decree or order for relief by any court with respect to Tenant, or any assignee or transferee of Tenant (hereinafter "Assignee"), in any involuntary case under the Federal Bankruptcy Code or any other applicable federal or state law; or the appointment of or taking possession by any receiver, liquidator, assignee, trustee, sequestrator or other similar official of Tenant or any Assignee, or of any substantial part of the Premises of Tenant or such Assignee, or the ordering or winding up or liquidating of the affairs of Tenant or any Assignee and the continuance of such decree or order unstayed and in effect for a period of sixty (60) days or more (whether or not consecutive); or the commencement by Tenant of any such Assignee of a voluntary proceeding under the Federal Bankruptcy Code or any other applicable state or federal law or consent by Tenant or any such Assignee to the entry of any order for relief in an involuntary case under any such law, or consent by Tenant or any such Assignee to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, sequestrator or other similar official of Tenant or any such Assignee, or of any substantial property of any of the foregoing, or the making by Tenant or any such Assignee of any general assignment for the benefit of creditors; or Tenant or any such Assignee takes any other voluntary action related to the business of Tenant or any such Assignee or the winding up of the affairs of any of the foregoing; or

13.1.4 The default in Tenant's performance of or compliance with any other material term, covenant or condition of this Lease where Tenant fails to cure such default within thirty (30) days or Tenant fails to use reasonable diligence in curing a default where it is of such character as to require more than thirty (30) days to cure.

13.2 Remedies.

13.2.1 If an Event of Default shall occur and continue as aforesaid, then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and bring suit against Tenant and recover as an award in such suit the following:
(i) the worth at the time of award of the unpaid Rent and all other sums due hereunder which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;

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(iii) the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder for the balance of the Tenn after termination exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things could be likely to result therefrom; and (v) such amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.

13.2.2 If an Event of Default occurs, Landlord shall also have the right, with or without terminating this Lease, to reenter the Premises and remove all persons and property from the Premises; property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant.

13.2.3 lf an Event of Default occurs, Landlord shall also have the right, with or without terminating this Lease, to rel et the Premises. If Landlord so elects to exercise its right to relet the Premises without terminating this Lease, then rentals received by Landlord from such reletting shall be applied: First, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; Second, to the payment of any cost of such reletting; Third, to the payment of the cost of any alterations and repairs to the Premises; Fourth, to the payment of Rent due and unpaid hereunder; and Fifth, the residue, if any, shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. Should the amount of rental received from such reletting during any month. which is applied to the payment of Rent hereunder be less than that agreed to be paid during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making alterations and repairs not covered by the rentals received from such reletting.

13.2.4 No reentry or taking possession of the Premises by Landlord pursuant to this Lease shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Tenant because of any default by Tenant, Landlord may at any time after such rclctting elect to terminate this Lease for any such default.

13.3 Receipt of Rent, No Waiver of Default. The receipt by Landlord of the Rents or any other charges due to Landlord, with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants of this Lease, shall not be deemed to be a waiver of any provisions of this Lease. No acceptance by Landlord of a lesser sum than the Rents or any other charges then due shall be deemed to be other than on account of the earliest installment of the Rents or other charges due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment of Rent or charges due be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in this Lease. The receipt by Landlord of any Rent or any other s11111 nf money or any other consideration paid by Tenant after the termination of this Lease, or after giving by Landlord of any notice hereunder to effect such termination, shall not,

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except as otherwise expressly set forth in this Lease, reinstate, continue, or extend the Term of this Lease, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given hereunder by Landlord to Tenant prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by Landlord. Neither acceptance of the keys nor any other act or thing done by Landlord or by its agents or employees during the Term shall be deemed to be an acceptance of a surrender of the Premises, excepting only an agreement in writing signed by Landlord accepting or agreeing to accept such a. surrender.

13.4 Effect on Indemnification. Notwithstanding the foregoing, nothing contained in this Article shall be construed to limit Landlord's right to indemnification as otherwise provided in this Lease.

13.5 Notice of Landlord's Default; Tenant's Waiver. Landlord shall not be considered to be in default under this Lease unless (a) Tenant has given notice specifying the default and (b) Landlord has failed for thirty (30) days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for noncurable defaults.

14. · ENTRY BY LANDLORD

14.1 Right of Entry. Landlord and its respective authorized representatives shall have the right to enter the Premises at all reasonable times and upon reasonable notice for the purpose of inspecting the same and to take all such action thereon as may be necessary or appropriate for any such purpose provided for under this Lease or any other lawful purpose including protecting the Premises or showing the Property to prospective purchasers or tenants (but nothing contained in this Lease shall create or imply any duty on the part of Landlord to make any such inspection or to do any such work). No such entry shall constitute an eviction of Tenant.

15. PARKING AND STORAGE OF PERSONAL PROPERTY

15.l Parking.. Tenant and its invited guests and licensees shall be entitled to use the Property's vehicular parking spaces upon which the Property is located on a shared basis with the general public. There are no parking spaces reserved for the exclusive use of Tenant.

15.2 Storage of Personal Property. Tenant shall store on the Premises only personal property that Tenant owns and shall not store any improperly packaged food or perishable goods, flammable materials, explosives, or other dangerous or hazardous material.

15.3 Signs. Tenant may place on the Premises ordinary business signs consistent with applicable law, provided that Tenant and Landlord shall jointly process approvals for such signs and provided further that Landlord shall pay or waive the applicable City foes associated with such signage permit.

16. SUBMISSION OF ANNUAL FINANCIAL STATEMENTS.

16.1 Financial Statement. Tenant agrees to submit annually to Landlord an annual financial statement of the friends of the Carpinteria Public Library, a non-profit California corporation.

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17. REPAIRSANDMAINTENANCE

17. I Responsibilities. Landlord sh al I professionally maintain the Premises including janitorial service, heating, air conditioning, electrical, plumbing and water systems, if any, and keep glass, windows and doors in operable and safe condition. Landlord shall maintain the roof, foundation, exterior walls and common areas. All damage or injury done to the Premises or Property by the Tenant or by any person who may be in or upon the Premises or Property with the Tenant's consent or invitation or by the Tenant's failure to properly secure the Premises or Property shall be paid for by the Tenant.

18. DEFINITIONS

18.I "Extended Tenn" shall mean the one year time period commencing on the date of expiration of the Term and resulting from Landlord's acceptance of Tenant's request to extend the Term of this Lease.

18.2 "Hazardous Materials" shall mean any substance or material defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous waste", "acutely hazardous waste", "restricted hazardous waste", "toxic substances" or "known to cause cancer or reproductive toxicity" (or words of similar import), petroleum products (including crude oil or any fraction thereof) or any chemical substance or material which is prohibited, limited or regulated under any federal, state or local law, ordinance, regulation, order, permit, license, decree, common law or treaty regulating, relating to or imposing liability or standards concerning materials or substances known or suspected to be toxic or hazardous to health and safety, the environment or natural resources ..

18.3 "Initial Term" is agreed to be July I, 2016 until and including June 30, 2021.

I 8.4 "Landlord's Interest" shall mean its fee interest in the Property and its interest in this Lease, or any part thereof.

18.5 "Possession Date" is agreed to be July 1, 2016.

18.6 "Rent" refers to the Monthly Rent and Additional Rent and any other amounts due the Landlord under this Lease unless the context clearly manifests a different intent.

18.7 "Term" shall mean the Initial Term and each of the Extended Terms described 111 Article 3, unless otherwise specifically provided herein.

19. GENERAL PROVISIONS

19.1 Notices. All notices and other communications hereunder shall be in writing, shall be sent by first class registered or certified United Stales mail, postage prepaid, and shall be deemed to have been given two (2) days after the day of mailing, addressed: (a) if to Landlord: 5775 Carpinteria Ave, Carpinteria, CA 93013, Attn: City Manager or at such other addresses as Landlord shall have furnished to Tenant; and (b) if to Tenant: 5103 Carpinteria Avenue, Carpinteria, CA 93013, Attn: Chair of Friends of the Library, or al such other addresses as Tenant shall have furnished Landlord in writing.

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the Parties and the restrictions, covenants and obligations pertaining to the Premises shall run with the land and shall continue until this Lease is terminated or expires.

19.3 Mediation and Arbitration.

19.3.1 Mediation. Except as otherwise provided herein, any controversy, claim, or dispute arising out of or related to th is Lease or the interpretation, performance, or alleged breach of this Lease (a "Dispute") shall be resolved according to the procedures set forth in this paragraph, which shall constitute the sole dispute resolution mechanism under this Lease.

In the event that the Parties are unable to resolve any Dispute after meeting and attempting in good faith to reach a negotiated resolution, such Dispute(s) shall first be mediated by a retired judge or justice of a court or by a trained and qualified mediator mutually agreeable to the Parties, If the Parties are unable to agree upon a mediator, either party may apply to a licensed mediation service for the appointment of a mediator from a panel of retired judges or justices or other trained and qualified mediators. Upon the appointment of a mediator, the Parties thereafter shall submit their Dispute to mediation and engage in the mediation process fully and in good faith.

19.3.2 Arbitration. Except as otherwise provided herein, if the Parties are unable to resolve one or more Disputers) by mediation, then either Party may initiate arbitration of such Dispute(s). The arbitration shall be initiated and conducted according to the Commercial Arbitration Rules of a reputable and qualified arbitration service, including rules that allow an Appeal (the "Arbitration Rules"). The arbitration shall be conducted at a mutually agreeable location before a single neutral arbitrator appointed in accordance with the Arbitration Rules, except that the Parties shall be entitled to undertake discovery in the arbitration in accordance with the statutory provisions and rules applicable, as of the date of the first Arbitration Notice, to discovery in civil actions before a Court with jurisdiction over the Parties and the subject matter. The arbitrator shall have the authority to hear and rule upon all discovery motions and, in connection therewith, to award sanctions as appropriate in accordance with the then-prevailing law. Any appeal shall be heard and decided by a panel of three neutral arbitrators. The neutral arbitrator and the members of any Appeal Panel shall be retired judges or justices of any state or federal court. In all their substantive (as opposed to procedural or discovery-related) rulings, the arbitrator and Appeal Panel shall apply the law specified in the choice of law provision of this Agreement. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction.

19.3.3 Exclusions from Mediation and Arbitration. The following matters are excluded from mediation and arbitration hereunder: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action, (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction or a probate, small claims, or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action. for order of attachment, receivership, injunction or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions.

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19.4 Attorney's Fees. In any action for any relief, declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder (collectively, an "Action"), each party shall bear its own attorney's fees.

19.5 Integration. This Lease, and the exhibits attached hereto, constitute the entire agreement between and final expression of the parties, and there are no agreements or representations between the parties except as expressed herein or therein. All prior negotiations and agreements between Landlord and Tenant with respect to the subject matter hereof are superseded by this Lease. Except as otherwise provided herein, no subsequent change or addition to this Lease shall be binding unless in writing and signed by the parties hereto.

19.6 No Waiver By Landlord. To the extent permitted by applicable law, no failure by Landlord to insist upon the strict performance of any term hereof or to exercise any right, power or remedy consequent upon a default under this Lease, and no acceptance of Rent during the continuance of any such default, shall constitute a waiver of any such default or of any such term. No waiver of any default shall affect or alter this Lease, which shall continue in full force and effect, or the rights of Landlord with respect to any other then existing or subsequent default.

19.7 Amendment. This Lease can be modified, supplemented, amended or rescinded only by a writing expressly referring to this Lease and signed by Landlord and Tenant.

19.8 Severability; Consent. If any term of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such term shall not be affected thereby. Unless otherwise expressly provided herein, any approval or consent or Landlord required hereunder shall not be unreasonably withheld or delayed. This Lease shall be binding upon and inure to the benefit of and be enforceable by the respective successors of the parties hereto. The headings in this Lease are for purposes of reference only and shall not limit or define the meaning hereof. This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which shall together constitute one and the same instrument.

19.9 Accessibility Disclosure Pursuant to California Civil Code Section 1938. The Premises and Common Areas have been inspected by a Certified Access Specialist (CASp) and do not currently meet all accessibility standards.

19.9 Holding Over - Consensual. In the event Tenant shall holdover or remain in possession or the Premises with the written consent of Landlord after the expiration of the Term of this Lease, such holding over or continued possession shall create a tenancy for month to month only, upon the same terms and conditions as are herein set forth and in effect the last month prior to the expiration of the Term of th is Lease.

19. l O Holding Over - Non-Consensual. If Tenant remains in possession of the Premises or any part thereof after the expiration of Tenant's term hereof without the express written consent of Landlord, such occupancy shall be a tenancy from month to month at a monthly rental in twice the amount of the total of all the last month Rent paid or due, plus all other charges payable hereunder, and upon al I the terms hereof applicable to a month-to-month tenancy.

19.11 Warranty Against Payment of Consideration. Tenant warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Lease.

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19.12 Non-liability of Landlord Officials and Employees; Non-liability of Members. No member, official or employee of Landlord shall be personally liable to Tenant, or any successor in interest, in the event of any default or breach by Landlord or for any amount which may become due to Tenant or its successor or on any obligations under the terms of this Lease. 19 .13 Remedies Curnula tivc. The various rights, options, elections and remedies of Landlord contained in this Lease shall be cumulative and no one of them shall be construed as exclusive of any other, or of any right, priority or remedy allowed or provided for by law and not expressly waived in this Lease.

19.14 Time of the Essence. Time is of the essence of this Lease and all of the terms, provrsions, covenants and conditions hereof.

19.15 Controlling and Venue Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Santa Barbara County, California.

19.16 Covenants. Whenever in this Lease any words of obligation or duty are used in connection with either party, such words shall have the same force and effect as though framed in the form of express covenants on the part of the party obligated.

19.17 Joint and Several Liability. In the event either party hereto now or hereafter shall consist of more than one person, firm or corporation, then and in such event all such persons, firms or corporations shall he jointly and severally liable as parties hereunder.

19.18 Recitals. The Recitals are true and correct as of the date hereof and are incorporated into the terms and conditions of this Lease.

19.19 Attachments. All attachments and exhibits referred to in this Lease are attached to and incorporated herein by reference.

Page 17 ends

IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of the dates written below.

Landlord:

Tenant:

THE CITY OF CARPINTERIA, a California municipal
corporation
Its: M,¥\ (oR ...

Friends of the Library, a nonprofit California Corporation APPROVED AS TO FORM:

City of Carpinteria
B
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Brownstein Hyatt Parber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
Attachments: Exhibit A: Premises

Page 18 of 19 ends

Exhibit "A"

PREMISES
26'0"
Juultt>r's
('Inset
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"Premises" include all interior space
except restoom space and Janitors Closet
Restroom and Janitors closet space is "Common Area"
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Drawing i11 not to scale

Page 19 of 19 ends

Seaside Building Lease
September 25, 2023

Page 6 ends

Attachment B
Letter from the Friends of the Carpinteria Public Library, February 14, 2023

TO THE CARPINTERIA CITY COUNCIL

FROM THE BOARD OF DIRECTORS
OF

THE FRIENDS OF THE CARPINTERIA COMMUNITY LIBRARY
FEBRUARY 14, 2023
The Friends of the Carpinteria Community Library Board has always been grateful for the generous, below-market rate charged to us for the bookstore building, with its ideal charm and location. Since 2009, when we first rented just the front of the building for $700/month, the bookstore has become a much loved gathering place in our town.

Under the able management of volunteers Susan Williams and April Ueoka, with the help of 60 volunteers, each working a 2-hour shift every week, the bookstore has generated for the last decade (excluding the worst Covid years) a net annual revenue of at least $60,000.

The Friends Board respectfully requests that the City consider a change in our rental agreement for the bookstore building. Since the Friends' annual funding no longer goes to the Santa Barbara Public Library for the operating budget, but will be paid directly to the City of Carpinteria, it seems to us that the rental contract is redundant. Instead of the prospect of an increasing monthly rent for the bookstore, the Friends would like the Council to consider accepting our guarantee of a minimum of $50,000 as an annual donation in lieu of rent.

A rising annual rent creates a perception on the part of the Friends board of rising annual costs and the need for an adjustment to our book prices. A fixed annual minimum contribution to the City from the Friends guarantees the City far and above what can be expected by a rental contract, as well as dispelling future Board concerns about rising rental costs.

This fiscal year (2022-2023), the Friends have pledged $50,000 for books and materials, in addition to the $175,000 gift of La CentraSummerland Foundation for the renovation of the library. We propose a change in our rental agreement to a nominal $1 per year for building rental, as we confidently pledge to the City that our minimum annual donation will far exceed our current annual rental fee of $15,852. We'd also like to request a longer lease agreement rather than an annual review.

Thank you for considering this request. We look forward to partnering with the City in supporting the library's wonderful potential in serving the needs of our community.

Gaby Edwards and Jean
Bailard (for the FOL board)
Seaside Building Lease
September 25, 2023

Page 7 ends

Attachment C
Proposed new lease agreement between the City of Carpinteria and Friends of the Carpinteria Public Library

BUILDING LEASE BY AND BETWEEN

THE CITY OF CARPINTERIA
AND

FRIENDS OF THE CARPINTERIA PUBLIC LIBRARY
This BUILDING LEASE ("Lease") is made and entered into as of this __ day of , 2023, by and between the City of Carpinteria, a municipal corporation located in the County of Santa Barbara, State of California ("Landlord" or "City"), and Friends of the Carpinteria Public Library, a non-profit California corporation ("Tenant") with reference to the following facts and intentions:

RECITALS:

A. WHEREAS, Landlord is the owner of record of the real property and improvements located at 5103 Carpinteria Avenue, Carpinteria California 93013 and identified as APN # 004-047-001 ("the Property"); and
B. WHEREAS, Tenant 1s in need of a place to conduct its business operations within the City of Carpinteria; and
C. WHEREAS, Landlord desires to lease to Tenant and Tenant desires to lease from the Landlord a portion of the Property ("the Premises"), as hereinafter more fully described, on the terms and conditions in this Lease; and
D. WHEREAS, Landlord and Tenant have entered into previous leases of the Premises and now desire to enter into a new lease agreement and further intend that this Lease shall supersede and replace all prior lease agreements.

NOW, THEREFORE, IN CONSIDERATION OF THE TERMS, COVENANTS AND CONDITIONS

CONTAINED HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND

SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, LANDLORD AND TENANT HEREBY AGREE AS FOLLOWS:
1 SUBJECT OF LEASE
1 .1 The Premises. Landlord leases to Tenant and Tenant leases from Landlord the Premises, which constitute approximately one thousand eighty-seven (1,087) square feet of inside rentable space, or approximately ninety-four (94%) of the total square footage of inside rentable space in the Property, as shown on the floor plan of the Property attached as Exhibit "A", on the terms and upon the agreements, covenants and conditions set forth in this Lease.

1.2 Common Areas. In addition to Tenant's rights to use and occupy the Premises as specified herein, Tenant shall have non-exclusive rights to occupy Common Areas (as hereinafter defined), but shall not have any rights to the roof or exterior walls of the building(s) on the Property, subject to the terms and upon the agreements, covenants and conditions set forth in this Lease.

1.2.1 Common Areas - Definition. The term "Common Areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Property that are provided and designated by the Landlord from time to time for the general non-exclusive use of Landlord, Tenant and other tenants of the Property and their respective employees, suppliers, shippers, customers, contractors, and invitees, including restroom facilities, parking areas, loading and unloading areas, trash areas, walkways, driveways and landscaped areas. The Common Areas include, but are not limited to, the interior restroom of approximately seventy-two (72) square feet and storage space in the Janitor's Closet within the Premises.

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1.2.2 Common Areas - Tenant's Rights. Landlord grants to Tenant, for the benefit of Tenant and its employees, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the public and Common Areas of the Property as shown in the attached Exhibit A incorporated herein by reference. Landlord, however, has the sole discretion to determine the manner in which those public and Common Areas are maintained and operated, and the use of those areas are subject to the applicable law, rules and regulations of the City. Landlord further reserves the right to change all elements of the Property and may unilaterally amend those areas that are designated Common Areas for purposes of this Lease. Tenant shall obtain prior written consent from Landlord to store any property, temporarily or permanently, in the Common Areas. In the event that any unauthorized storage shall occur then Landlord shall have the right, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be payable upon demand by Landlord. In the event Tenant wishes to conduct an outdoor event in Seaside Park that requires a permit from the City, Tenant shall timely obtain such permit, which shall not be unreasonably withheld by Landlord.

1.2.3 Rules and Regulations. Landlord shall have the exclusive control and management of the Common Areas and shall have the sole right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations ("Rules and Regulations") for the management, safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well as for the convenience of other occupants or tenants of the Premises and the Property and their invitees. Tenant agrees to abide by and conform to all such Rules and Regulations, and shall use its best efforts to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with said Rules and Regulations by other tenants of the Property.

1.2.4 Common Areas - Chan1:es. Landlord shall have the right, in Landlord's sole discretion, from time to time to do the following, including without limitation: (a) to make changes to the Common Areas, such as amending the location, size, shape and number of Common Area elements like driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways and utility raceways; (b) to close temporarily any of the Common Areas for maintenance or other purposes so long as reasonable access to the Premises remains available; (c) to add additional buildings and improvements to the Common Areas; (d) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Property, or any portion thereof; and (f) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Property as Landlord may, in the exercise of sound business judgment, deem to be appropriate.

1.3 Parties to the Lease.

1.3.1 Landlord, Landlord is the City of Carpinteria, a municipal corporation located in the County of Santa Barbara, California.

1.3 .2 Tenant. Tenant is Friends of the Carpinteria Public Library, a non-profit California corporation located in the County of Santa Barbara, California.
2 POSSESSION OF THE PREMISES

2.1 As-Is Condition, The Premises will be delivered to Tenant in its "as is" condition on the date of Tenant's Acceptance as defined in paragraph 2.2 below.

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to have acknowledged that the same is then in the condition called for by this Lease.

2.4 Surrender of the Premises. No act of Landlord will constitute Landlord's acceptance of a surrender or abandonment of the Premises by Tenant unless that intent is specifically acknowledged in a writing signed by both parties. Upon the expiration or termination of the Term of this Lease, Tenant shall peaceably and quietly quit and surrender the Premises to Landlord, broom clean and in good order, condition and repair, reasonable wear and tear excepted.
3 TERM

3.1 Duration and Commencement, The initial term ("Initial Term") of this Lease shall commence retroactively on July 1, 2023 and continue through June 30, 2028.

3.2 Request for Extension.

3.2.1 Landlord and Tenant agree that Tenant may request an extension of the Initial Term of this Lease subject to all the provisions herein contained for a maximum of two consecutive one ( 1) year periods (the "Extended Term") following the expiration of the Initial Term, provided Tenant shall give written notice of said request to Landlord not less than three (3) months prior to the expiration of the Term, and provided further that Landlord may agree to such Extended Term in its sole discretion.

3.2.2 Tenant expressly acknowledges and agrees that Landlord may deny a request for extension under this Section 3 .2 for any reason or no reason at all. Tenant further agrees to fully cooperate with Landlord to the fullest extent possible in Landlord's efforts to secure a long-term use for the Property, if any.

3.2.3 Tenant's right to request an extension is subject to the following conditions precedent:
(i) The Lease shall be in effect at the time notice of exercise is given and on the last day of the Term; and
(ii) Tenant shall not be in default of any of the terms, conditions, covenants, warranties, agreements or restrictions provided under this Lease or any other discretionary Landlord approvals at the time notice of exercise is given or on the last day of the Term; and (iii) The Premises shall be in good operating condition with no material deferred internal or external maintenance other than normal wear and tear and subject to normal and customary replacements and repairs; and
(iv) Tenant shall not be in violation of any ordinance or regulation of the City at time the notice of exercise is given or on the last day of the Term.
4 RENT
Tenant shall pay, without demand or delay, abatement, deduction, or offset, the Rent in such amounts as provided herein.

4.1 Security Deposit, Concurrently with the execution of this Lease, Tenant shall deposit with Landlord a Security Deposit in the amount of one thousand four hundred dollars ($1,400.00), and thereafter, during the continuance of this Lease, shall maintain the Security Deposit with Landlord. The Security Deposit shall be

Page 3 of 19 ends

security for the full, prompt and faithful performance by Tenant of all of its obligations hereunder. The Security Deposit is not an advance payment of Rent or a measure or limit of Tenant's liability for damages, nor is Tenant entitled to any interest on the Security Deposit held by Landlord. Landlord shall have the right, but not the obligation, to apply the Security Deposit or any part thereof toward the cost and expense (including Landlord's attorneys' and other professional fees, if any) of curing any default on the part of Tenant; in which event, Tenant shall restore the Security Deposit to its original amount within thirty (30) days after receipt of Landlord's written request to do so. A failure to restore the Security Deposit shall be a material breach of this Lease. Upon expiration or termination of this Lease and vacation of the Premises in the manner required by this Lease, the Security Deposit, or portion thereof remaining unappl ied after the curing of every default by Tenant shall be returned to Tenant. No interest shall be payable to Tenant on account of the Security Deposit.

Tenant waives the provisions of California Civil Code§ 1950.7, and all other provisions of law now in force or that become in force after the date of execution of this Lease, that provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of accrued Rent, to repair damage caused by Tenant, or to clean the Premises. Landlord and Tenant agree that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other foreseeable or unforeseeable loss or damage caused by the act or omission of Tenant or Tenant's officers, agents, employees, independent contractors, or invitees, including future rent payments.

4.2 Annuai Rent, Tenant shall pay to Landlord as rental for the use and occupancy of the Premises, a nominal fee of one dollar ($1.00) per year during the Initial Term, due on July I, in lawful money of the United States ("Annual Rent"). If Landlord agrees to any one-year Extended Term(s), then upon the expiration of the Initial Term and upon expiration of each Extended Term, the rental rate of one dollar ($1.00) per year shall be due and payable as required under the terms of this Lease.

4.3 Annual Contribution, In addition to Annual Rent, Tenant agrees to pay to the Landlord a minimum annual contribution of fifty thousand dollars ($50,000) per the schedule in Exhibit B, attached hereto and incorporated by reference. Failure to timely pay the Annual Contribution as set forth in Exhibit B shall constitute an indebtedness to Landlord and a material breach of the Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease. Said annual contribution shall be made in solely in cash without any setoff, deduction or counterclaim whatsoever. Landlord agrees to allocate the Annual Contribution towards funding of the Carpinteria Community Library services and materials.

4.4 Payment. All payments required to be made by Tenant under this Lease, including the Annual Contribution, shall be made without any setoff, deduction or counterclaim whatsoever and shall be made by check, payable to the "City of Carpinteria," Attn: Accounts Payable, 5775 Carpinteria Ave., Carpinteria, California 93013, or any other location as the City may designate in a written notice to Tenant.

4.5 Late Char2es; Lease Termination, Any Rent not paid to Landlord within ten ( 10) days of the due date under this Lease shall be subject to a late fee of twenty dollars ($20). The parties understand and agree that the late fee is a fair and reasonable estimate of the cost of the late payment to Landlord.

Notwithstanding the above, the parties also understand and agree that persistent and chronic late payments of any money due under this Lease are disruptive and costly to Landlord, requiring Landlord to devote additional time, money, resources and energy to the administration of this Lease, all of which cannot be sufficiently reimbursed to Landlord by way of Tenant's payment of the late fee. Therefore, Tenant's failure to timely pay money due that is in arrears for over one (1) month shall be deemed a material and incurable default under this Lease, giving rise to Landlord's right, in its sole discretion, to terminate the Lease upon thirty (30) days' written notice to Tenant.

4.6 ll1ili,ty .and services, Tenant shall contract and pay for all telephone and cable services to the Premises

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which shall all be billed directly to Tenant. Landlord shall contract and pay for electric, water, sanitary, trash, janitorial and gas services to the Premises which shall all be directly billed to and paid by Landlord.

4.7 Taxes, Assessments and Charges. Tenant covenants to pay when due, its pro rata share of all applicable taxes, assessments (including, without limitation, all assessments for public improvements or benefits, whether or not commenced or completed prior to the date hereof and whether or not to be completed within the term hereof), rates and charges, excises, levies, license fees, permit fees, inspection fees and other authorization fees and other charges, in each case, whether general or special, ordinary or extraordinary, foreseen or unforeseen, of every type of character (including all interest and penalties thereon), which at any time during or in respect of the term hereof may be assessed, levied, confirmed or imposed on, or in respect of, or be measured by, or become a lien upon Landlord, the Property, this Lease or any part thereof, or any estate, or right or interest therein.

4.8 Notice of Possessory Interest; Payment of. In accordance with California Revenue and Taxation Code Section 107.6(a) this Lease may create a possessory interest that is subject to taxation. If such interest is created, Tenant may be subject to the payment of property taxes levied on said possessory interest. Tenant agrees to pay these amounts as Additional Rent in the same manner and on the same schedule as the Monthly Rent.

5.1 Permitted Use, The Premises shall be used only for the purpose of conducting Tenant's business of selling used and new books and the operation of Tenant's related business and nonprofit activities. Tenant shall operate the business and conduct activities therein in a prudent and businesslike manner and in full compliance with all terms and conditions of this Lease.

5.2 Prohibited l.!tts.,, Tenant shall not use, or allow use of, the Premises for any activity other than as set forth in paragraph 5.1 without the prior written consent of Landlord. Tenant's uncured breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

5.3 Compliance with Rules and Re&:;ulation. Tenant agrees to comply with all applicable local, state and federal laws, rules and regulations ..

5.5 Alterations; Improvements, Tenant shall not, without the Landlord's prior written consent, make any alterations, improvements or additions in or about the Premises. As a condition to giving any such consent, the Landlord may require the Tenant to remove any such alterations, improvements, or additions at the expiration of the term and to restore the premises to their prior condition by giving Tenant forty-five (45) days written notice prior to the expiration of the term. Unless the Landlord requires their removal as set forth above, all alterations, improvements or additions which are made on the Premises by the Tenant shall become the property of the Landlord and remain upon and be surrendered with the Premises at the expiration of the term. Any damage to the Premises caused by said removal shall be repaired at Tenant's sole cost. 6 LIENS

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6.1 Lien Indemnification. Tenant shall at all times indemnify, save and hold Landlord, the Premises and the Property, free, clear and harmless from any claims, liens, demands, charges, encumbrances or litigation arising directly or indirectly out of any use, occupancy or activity of Tenant, or out of any work performed, material furnished, or obligations incurred by Tenant, in, upon, about or otherwise in connection with the Premises and shall pay or cause to be paid for all work performed and material furnished to the Premises which will or may result in a lien on the Property, and will keep the Property free and clear of all encumbrances, including but not limited to mechanic's liens and material men's liens (including the posting of an appropriate bond which shall release the lien).
7 INDEMNIFICATION, BUSINESS INTERRUPTION AND INSURANCE
7 .1 General Indemnification, Tenant hereby indemnifies, holds harmless and agrees to defend Landlord from and against all claims, damages, expenses (including, without limitation, reasonable attorneys' fees and reasonable investigative and discovery costs), liabilities and judgments on account of injury to persons, loss of life, or damage to property occurring on the Premises and Property and caused by the alleged active or passive negligence or willful misconduct of Tenant, its agents, employees, invitees and licensees. Tenant's obligations with respect to indemnification hereunder shall remain effective, notwithstanding the expiration or termination of this Lease, as to claims arising from the tenancy created under this Lease.

7.2 Business Interruption, Tenant agrees that no claims for damages, loss of business, or loss of income either direct or indirect shali be made against Landlord as a resuit of improvements to the Premises or Common Areas.

7.3 Liability Insurance Coyera2e and Limits, Throughout the Term of this Lease, and the Extended Term, if applicable, Tenant agrees to maintain, and/or cause to be maintained, at no cost to Landlord, liability insurance insuring its interests against claims for personal injury, bodily injury, death and property damage occurring on, in or about the Premises and the ways immediately adjoining the Premises, with a "Combined Single Limit" (covering personal injury liability, bodily injury liability and property damage liability) of not less than One Million Dollars($ 1,000,000.00). Landlord and its officials, employees and agents shall be covered and named as additional insureds with respect to liability arising from activities performed by or on behalf of Tenant. The insurance limits in this section shall be subject to increase from time to time by such amounts as Landlord and Tenant may reasonably agree is necessary or desirable, as may be evidenced by the practice of similarly situated properties. Tenant shall provide Landlord with written evidence that such insurance is in force prior to the commencement date of this lease and shall be included in the Attached Exhibit C, incorporated herein by reference.

7.4 Property Casualty Insurance, Throughout the Term of the Lease, and the Extended Term, if applicable, Landlord shall cause the Premises to be insured against loss or damage by fire and the perils commonly covered under the standard extended coverage endorsement.

7.5 Personal Property Insurance, Tenant shall obtain and maintain insurance coverage on all of Tenant's personal property, along with any trade fixtures, and Tenant-owned alterations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Tenant for the replacement of personal property, trade fixtures, and Tenantowned alterations. Landlord shall be named as an additional insured. Tenant shall provide Landlord with written evidence that such insurance is in force prior to the commencement date of this lease.

7.6 Tenant's Delivery of Policy, Endorsements, and Certificates. Tenant must deliver the policy or policies, along with any endorsements to them and certificates required by this Section to Landlord: (a) on or before the Lease Commencement Date; (b) at least thirty (30) days before the expiration date of any policy; and (c) on renewal of any policy.

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7.7 Damai:es for Failure to Provide Insurance, This Section is applicable only in the event that Tenant is not in compliance with the requirements to maintain insurance as set forth in this Article 7. Landlord shall not be limited in the proof of any damages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insurance, but Landlord shall also be entitled to recover as damages for such breach the uninsured amount of any loss (to the extent of any deficiency in the insurance required by the provisions of this Lease), damages, costs and expenses of suit, including attorneys' fees, suffered or incurred by reason of damage to, or destruction of, the Premises or Property, occurring during any period in which Tenant shall have failed or neglected to provide insurance as aforesaid. Tenant's uncured breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

7.8 Landlord Discretion to Insure, Landlord, in its sole discretion, throughout the Term of this Lease, shall have the right to obtain a commercial comprehensive general liability insurance policy on the Property or alternatively, may self-insure the Property.
8 DAMAGE OR DESTRUCTION

8.1 Reconstruction and/or Removal, If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. lf Landlord elects to repair or rebuild, and is able to complete such restoration within ninety (90) days from the date of damage, subject to the terms of this paragraph, this Lease shall remain in full force and effect. If Landlord is unable to restore the Premises within this time or a reasonable time agreed to by the Parties, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this Lease by giving the other written notice. There shall be no refund on Rent or the Annual Contribution on termination of the Lease under this Section. If this Lease is not terminated, and the damage is not repaired, Annual Contribution be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guest, only Landlord shall have the right of termination, and no reduction or abatement in Rent or Annual Contribution shall be made. 9 ASSIGNMENT AND SUBLETTING

9.1 Prior Written Consent, Tenant may not assign or sublet all or any portion of its interest in this Lease without Landlord's prior written consent.

9.2 Assii:nment of Landlord's Interest in Lease or the Leased Premises, Landlord may convey, transfer, sell, assign or otherwise transfer the Property, this Lease, all or a portion of its interest thereunder, and/or all or a portion of the payments that are payable to it by Tenant pursuant to this Lease. Tenant hereby consents and agrees to any such transfer which Landlord considers necessary or proper, regardless of the reason or reasons for which Landlord makes such transfer and regardless of the entity that is the Transferee thereunder. 10 PERFORMANCE OF TENANT'S COVENANTS

10.1 Rii:ht of Performance, If Tenant shall at any time fail to pay or maintain within the time period therein permitted any tax, assessment, fee or other charge in accordance with this Lease, any of the insurance policies provided for in this Lease,, or any other payment or perform any other act on its part to be made or performed hereunder, then Landlord, after ten (10) days' written notice as to payments of Rent with other charges and thirty (30) days' written notice as to other breaches, given to Tenant (or, in case of an emergency, on such notice, or without notice, as may be reasonable under the circumstances) and without waiving or releasing Tenant from any obligation of Tenant hereunder, may (but shall not be required to):

10.1.1 Pay such tax, assessment, fee or other charge payable by Tenant, or

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l 0.1.2 Pay for and maintain such insurance policies provided for, or l 0.1.3 Make such other payment or perform such other act on Tenant's part to be made or performed as in this Lease provided.
l 0.2 Reimbursement and Damai:es, All sums so paid by Landlord and all costs and expenses incurred by Landlord in connection with the performance of any such act, together with interest thereon, shall constitute an obligation payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. A failure by Tenant to make such a payment shall be a material breach of this Lease. Landlord shall not be limited in the proof of any damages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insurance, but Landlord shall also be entitled to recover as damages for such breach, the uninsured amount of any loss (to the extent of any deficiency in the insurance required by the provisions of this Lease), damages, costs and expenses of suit, including attorneys' fees, suffered or incurred by reason of damage to, or destruction of, the Premises, occurring during any period in which Tenant shall have failed or neglected to provide insurance as aforesaid.
11 HAZARDOUS MATERIALS

11.1 Landiord's Representations and Warranties. Except as identified by Landlord in writing to Tenant as known environmentai conditions prior to the execution of this Lease, Landlord makes no representation or warranty regarding the condition of the Premises or Property.

11.2 No Use of Hazardous Materials on the Premises. Tenant covenants and agrees that it shall not, and that it shall not permit any licensee to, treat, use, store, dispose, release, handle or otherwise manage Hazardous Materials on the Premises except in connection with any construction, operation, maintenance or repair of the Premises or in the ordinary course of its business, and that such conduct shall be done in compliance with all applicable federal, state and local laws and prior written notice to, and consent of, Landlord. Tenant's violation of the foregoing prohibition shall constitute a material breach hereunder and Tenant shall indemnify, hold harmless and defend the Landlord for such violation as provided below.

11.3 Notice and Remediation by Tenant, Tenant shall, within five (5) days of such occurrence or immediately in cases of imminent threat of injury to life or property, notify Landlord of any significant release of any Hazardous Materials, and/or any notices, demands, claims or orders received by Tenant from any governmental agency pertaining to Hazardous Materials which may affect the Property. Tenant's breach of the above shall be deemed a material default under the terms of this Lease giving rise to Landlord's right, in its sole discretion, to terminate this Lease.

11.4 Environmental Indemnity by Tenant. Tenant hereby agrees to hold harmless, defend and indemnify Landlord and its employees, members and officials from and against all liability, loss, damage, costs, penalties, fines and/or expenses (including attorney's fees and court costs) arising out of or in any way connected with (a) Tenant's breach or violation of any covenant, prohibition or warranty in this Lease concerning Hazardous Materials, or (b) the activities, acts or omissions of Tenant, its employees, contractors or agents on or affecting the Premises from and after the Possession Date, including but not limited to the release of any Hazardous Materials or other kinds of contamination or pollutants of any kind into the air, soil, groundwater or surface water on, in, under or from the Premises whether such condition, liability, loss, damage, cost, penalty, fine and/or expense shall accrue or be discovered before or after the termination of this Lease. This indemnification supplements and in no way limits the scope of the indemnification set forth in Article 7.Release by Tenant. Tenant waives, releases, acquits and forever discharges Landlord and its employees, members and officials or any other person acting on behalf of Landlord, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, or compensation ( collectively

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"Claims") whatsoever including, but not limited to, all Claims at common law, whether direct or indirect, known or unknown, foreseen or unforeseen, which Tenant has as of the Possession Date on account of or in any way growing out of or in connection with any Hazardous Materials or other conditions on, in, under, from, or affecting the Premises, or any law or regulation applicable thereto. Tenant is hereby subrogated to any and all rights possessed by Landlord against third parties with respect to said Claims.

11.5 Environmental Indemnity by Landlord. Landlord hereby agrees to hold harmless, defend and indemnify Tenant and its employees, members, officers, directors, and agents from and against all liability, loss, damage, costs, penalties, fines and/or expenses (including attorney's fees and court costs) arising out of or in any way connected with the activities, acts or omissions of persons or entities other than Tenant, its employees, contractors or agents on or affecting the Premises, including but not limited to the release of any Hazardous Materials or other kinds of contamination or pollutants of any kind into the air, soil, groundwater or surface water on, in, under or from the Premises whether such condition, liability, loss, damage, cost, penalty, fine and/or expense shall accrue or be discovered before or after the termination of this Lease.

11.6 Release by Landlord. Landlord waives, releases, acquits and forever discharges Tenant and its employees, members, officers, directors, agents, or any other person acting on behalf of Tenant, of and from any and all Claims whatsoever including, but not limited to, all Claims at common law, whether direct or indirect, known . or unknown, foreseen or unforeseen, which Landlord had as of the Possession Date on account of or in any way growing out of or in connection with any Hazardous Materials or other conditions on, in, under, from, or affecting the Premises, or any law or regulation applicable thereto.

11.7 Termination. The agreements and obligations of the Parties under this Article 11 with regard to indemnification of Landlord or Tenant shall survive the scheduled termination or sooner expiration of the Term for any reason, for five (5) years and all claims relating thereto must be delivered in writing to Landlord or Tenant, as the case may be, within such period. 12 REPRESENTATIONS AND WARRANTIES

12.1 Landlord's Representations and Warranties. Landlord represents and warrants to Tenant that:

12.1.1 Landlord has full right and authority to grant the estate and the other rights demised herein and to execute and perform all of the terms and conditions of this Lease.

12.1.3 Landlord has the power and authority to enter into this Lease and perform all the obligations of Landlord hereunder.

12.2 Tenant's Representations and Warranties. Tenant represents and warrants to Landlord that:

12.2.1 Tenant has examined the Premises and accepts the Premises in its "as is" condition.

12.2.3 Tenant has the right, power and authority to enter into this Lease and to perform all the obligations of Tenant hereunder.

12.2.4 Tenant shall notify Landlord if it effects any organizational change to its structure or operations at least

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60 days in advance of the effective date of the same.
13 EVENTS OF DEFAULT; REMEDIES
13 .1 Events of Default. Any one or all of the following events after thirty (30) days written notice to Tenant, unless a shorter period is specified, shall constitute an Event of Default hereunder:

13. 1. I The default in the payment of any Annual Rent, Additional Rent, Annual Contribution, or other charges by Tenant when and as the same becomes due and payable and such default continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; or 13 .1.2 The abandonment or vacation of the Premises by Tenant; or 13 .1.3 Tenant files for a voluntary petition under the U.S. Bankruptcy Code; an involuntary petition has been filed against Tenant under the Bankruptcy Code; the lease has been rejected, or is deemed rejected, under 11 USC §365, following the filing of a voluntary petition by Tenant under the Bankruptcy Code, or the filing of an involuntary petition against Tenant under the Bankruptcy Code; 13 .1.4 Tenant is placed into receivership or conservatorship, or becomes subject to similar proceedings under federal or state law;
13 .1.5 Tenant executes an assignment for the benefit of creditors or seeks or consents to dissolution; or

13.1.6 The default in Tenant's performance of or compliance with any other material term, covenant or condition of this Lease where Tenant fails to cure such default within thirty (30) days or Tenant fails to use reasonable diligence in curing a default where it is of such character as to require more than thirty (30) days to cure.

13.2 Remedies.
13 .2.1 If an Event of Default shall occur and continue as aforesaid, then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and bring suit against Tenant and recover as an award in such suit the following:
(i) the worth at the time of award of the unpaid moneys, charges, and all other sums due hereunder which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent, Annual Contribution and all other sums due hereunder which would have been earned after termination until the time of award exceeds the amount of such monetary loss that Tenant proves could have been reasonably avoided;
(iii) the worth at the time of award of the amount by which the unpaid Rent, Annual Contribution and all other sums due hereunder for the balance of the Term after termination exceeds the amount of such rental loss that Tenant proves could be reasonably avoided;
(iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things could be likely to result therefrom; and (v) such amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.

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13 .2.2 If an Event of Default occurs, Landlord shall also have the right, with or without terminating this Lease, to reenter the Premises and remove all persons and property from the Premises; and property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant.

13.2.3 If an Event of Default occurs, Landlord shall also have the right, with or without terminating this Lease, to relet the Premises. If Landlord so elects to exercise its right to relet the Premises without terminating this Lease, then rentals received by Landlord from such reletting shall be applied: First, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; Second, to the payment of any cost of such reletting; Third, to the payment of the cost of any alterations and repairs to the Premises; Fourth, to the payment of Rent due and unpaid hereunder; and Fifth, the residue, if any, shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. Should the amount ofrental received from such reletting during any month which is applied to the payment of indebtedness hereunder (e.g., Annual Contribution pro-rated as a monthly charge) be less than that agreed to be paid during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making alterations and repairs not covered by the rentals received from such reletting.
13 .2.4 No reentry or taking possession of the Premises by Landlord pursuant to this Lease shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Tenant because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

13.3 Receipt of Rent, No Waiver of Default, The receipt by Landlord of the Rents or any other charges due to Landlord, with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants of this Lease, shall not be deemed to be a waiver of any provisions of this Lease. No acceptance by Landlord of a lesser sum than the Rents or any other amounts then due shall be deemed to be other than on account of the earliest installment of the Rents or other charges due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment of Rent or charges due be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in this Lease. The receipt by Landlord of any Rent or any other sum of money or any other consideration paid by Tenant after the termination of this Lease, or after giving by Landlord of any notice hereunder to effect such termination, shall not, except as otherwise expressly set fmth in this Lease, reinstate, continue, or extend the Term of this Lease, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given hereunder by Landlord to Tenant prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by Landlord. Neither acceptance of the keys nor any other act or thing done by Landlord or by its agents or employees during the Term shall be deemed to be an acceptance of a surrender of the Premises, excepting only an agreement in writing signed by Landlord accepting or agreeing to accept such a surrender.

13.4 Effect on Indemnification. Notwithstanding the foregoing, nothing contained in this Article shall be construed to limit Landlord's right to indemnification as otherwise provided in this Lease.

13.5 Notice of Landlord's Default; Tenant's Waiver, Landlord shall not be considered to be in default under this Lease unless (a) Tenant has given notice specifying the default and (b) Landlord has failed for thirty (30) days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for noncurable defaults. Tenant waives any right to terminate this Lease and to vacate the Premises on Landlord's default under this Lease. Tenant's sole remedy on Landlord's default is an action for damages or injunctive or declaratory relief.

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14 ENTRY BY LANDLORD

14.1 Right of Entry, Landlord and its respective authorized representatives shall have the right to enter the Premises at all reasonable times and upon reasonable notice for the purpose of inspecting the same and to take all such action thereon as may be necessary or appropriate for any such purpose provided for under this Lease or any other lawful purpose including protecting the Premises or showing the Property to prospective purchasers or tenants (but nothing contained in this Lease shall create or imply any duty on the part of Landlord to make any such inspection or to do any such work). No such entry shall constitute an eviction of Tenant.
15 PARKING AND STORAGE OF PERSONAL PROPERTY

15. l Parking, Tenant and its invited guests and licensees shall be entitled to use the Property's vehicle parking spaces upon which the Property is located on a shared basis with the general public. There are no parking spaces reserved for the exclusive use of Tenant or Tenant's invitees.

15.2 Storage of Personal Property, Tenant shall store on the Premises only personal property that Tenant owns and shall not store any improperly packaged food or perishable goods, flammable materials, explosives, or other dangerous or hazardous material.

15.3 Sii:;ns, Tenant may place on the Premises ordinary business signs consistent with appiicabie law, provided that Tenant and Landlord shali jointly process approvals for such signs and provided further that Landlord shall pay or waive the applicable City fees associated with such signage permit. 16 SUBMISSION OF ANNUAL FINANCIAL STATEMENTS.

16.1 Financial Statement. Tenant agrees to submit annually to Landlord an annual financial statement of the Friends of the Carpinteria Public Library, a non-profit California corporation. 17 REPAIRS AND MAINTENANCE

17.1 Responsibilities. Landlord shall professionally maintain the Premises includingjanitorial service, heating, air conditioning, electrical, plumbing and water systems, if any, and keep glass, windows and doors in operable and safe condition. Landlord shall maintain the roof, foundation, exterior walls and common areas. All damage or injury done to the Premises or Property by the Tenant or by any person who may be in or upon the Premises or Property with the Tenant's consent or invitation or by the Tenant's failure to properly secure the Premises or Property shall be paid for by the Tenant.
18 DEFINITIONS

18. l "Extended Term" shall mean the one-year time period commencing on the date of expiration of the Term and resulting from Landlord's acceptance of Tenant's request to extend the Term of this Lease as described in more detail in section 3.2.

18.2 "Hazardous Materials" shall mean any substance or material defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous waste", "acutely hazardous waste", "restricted hazardous waste", "toxic substances" or "known to cause cancer or reproductive toxicity" ( or words of similar import), petroleum products (including crude oil or any fraction thereof) or any chemical substance or material which is prohibited, limited or regulated under any federal, state or local law, ordinance, regulation, order, permit, license, decree, common law or treaty regulating, relating to or imposing liability or standards concerning materials or substances known or suspected to be toxic or hazardous to health and safety, the environment or natural resources ..

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18.3 "Initial Term" is agreed to be July 1, 2023 until and including June 30, 2028.

18.4 "Landlord's Interest" shall mean its fee interest in the Property and its interest in this Lease, or any part thereof.

18.5 "Possession Date" is agreed to be June 2009.

18.6 "Rent" refers to the Monthly Rent and Additional Rent and any other amounts due the Landlord under this Lease unless the context clearly manifests a different intent.

18.7 "Term" shall mean the Initial Term and each of the Extended Terms described in Article 3, unless otherwise specifically provided herein.
19 GENERAL PROVISIONS

19.1 Notices. All notices and other communications hereunder shall be in writing, personally delivered or sent by first class registered or certified United States mail, postage prepaid, and shall be deemed to have been given at the time of actual delivery or two (2) days after the day of mailing, addressed: (a) if to Landlord:

Carpinteria City Hall, Attn: City Manager, 5775 Carpinteria Ave, Carpinteria, CA 93013,; and (b) ifto Tenant: Friends of the Carpinteria Community Library, Attn: Chair, 5103 Carpinteria Avenue, Carpinteria, CA 93013. Change in the names or addresses of persons to whom notices are to be given may be made by giving Notice in the manner prescribed in this section.

19.2 Successors. All of the rights and obligations of the Parties under this Lease shall bind and inure to the benefit of the respective heirs, personal representatives, successors, grantees and assigns of the Parties and the restrictions, covenants and obligations pertaining to the Premises shall run with the land and shall continue until this Lease is terminated or expires.

19.3 No Third Party Beneficiary. This Lease shall not be construed to be an agreement for the benefit of any third party or parties, and no third party shall have any claim or right of action under this Lease.

19.4 Mediation and Arbitration.

19.4.1 Mediation, Except as otherwise provided herein, any controversy, claim, or dispute arising out of or related to this Lease or the interpretation, performance, or alleged breach of this Lease (a "Dispute") shall be resolved according to the procedures set forth in this paragraph, which shall constitute the sole dispute resolution mechanism under this Lease. In the event that the Parties are unable to resolve any Dispute after meeting and attempting in good faith to reach a negotiated resolution, such Dispute(s) shall first be mediated by a retired judge or justice of a court or by a trained and qualified mediator mutually agreeable to the Parties. If the Parties are unable to agree upon a mediator, either Party may apply to a licensed mediation service for the appointment of a mediator from a panel of retired judges or justices or other trained and qualified mediators. Upon the appointment of a mediator, the Parties thereafter shall submit their Dispute to mediation and engage in the mediation process fully and in good faith. The cost of Mediation shall be shared equally by the Parties.

19.4.2 Arbitration, Except as otherwise provided herein, if the Parties are unable to resolve one or more Dispute(s) by mediation, then either Party may initiate arbitration of such Dispute(s). The arbitration shall be initiated and conducted according to the Commercial Arbitration Rules of a reputable and qualified arbitration service, including rules that allow an Appeal (the "Arbitration Rules"). The arbitration shall be conducted at a mutually agreeable location before a single neutral arbitrator appointed in accordance with the Arbitration Rules, except that the Parties shall be entitled to undertake discovery in the arbitration in accordance with the statutory provisions and rules applicable, as of the date of the first Arbitration Notice, to discovery in civil actions before a Court with jurisdiction over

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the Parties and the subject matter. The arbitrator shall have the authority to hear and rule upon all discovery motions and, in connection therewith, to award sanctions as appropriate in accordance with the then-prevailing law. Any appeal shall be heard and decided by a panel of three neutral arbitrators.

The neutral arbitrator and the members of any Appeal Panel shall be California-licensed attorneys or retired judges or justices of any state or federal court. In all their substantive (as opposed to procedural or discovery-related) rulings, the arbitrator and Appeal Panel shall apply California law. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other Party may enforce the final award in any court of competent jurisdiction. The cost of Arbitration shall be borne equally by the Parties.

19.4.3 Exclusions from Mediation and Arbitration. The following matters are excluded from mediation and arbitration hereunder: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action, (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions.

19.5 Attorney's Fees. In any action for any relief, declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder (collectively, an "Action"), each party shall bear its own attorney's fees.

19.6 Integration. This Lease, and the exhibits attached hereto, constitute the entire agreement between and final expression of the parties, and there are no agreements or representations between the parties except as expressed herein or therein. All prior negotiations and agreements between Landlord and Tenant with respect to the subject matter hereof are superseded by this Lease. Except as otherwise provided herein, no subsequent change or addition to this Lease shall be binding unless in writing and signed by the parties hereto.

19.7 No Waiver By Landlord. To the extent permitted by applicable law, no failure by Landlord to insist upon the strict performance of any term hereof or to exercise any right, power or remedy consequent upon a default under this Lease, and no acceptance of Rent during the continuance of any such default, shall constitute a waiver of any such default or of any such term. No waiver of any default shall affect or alter this Lease, which shall continue in full force and effect, or the rights of Landlord with respect to any other then existing or subsequent default.

19.8 Amendment. This Lease can be modified, supplemented, amended or rescinded only by a writing expressly referring to this Lease and signed by Landlord and Tenant.

19.9 Severability; Consent. If any term of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such term shall not be affected thereby. Unless otherwise expressly provided herein, any approval or consent of Landlord required hereunder shall not be unreasonably withheld or delayed. This Lease shall be binding upon and inure to the benefit of and be enforceable by the respective successors of the parties hereto. The headings in this Lease are for purposes of reference only and shall not limit or define the meaning hereof. This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which shall together constitute one and the same instrument.

19.10 Accessibility Disclosure Pursuant to California Civil Code Section 1938. The Premises and Common Areas have been inspected by a Certified Access Specialist (CASp), and Tenant has reviewed or waived review of the CASp inspection report. The parties acknowledge that the Premises and Common Area do not currently meet all accessibility standards.

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19.11 Holding Over - Consensual. In the event Tenant shall holdover or remain in possession of the Premises with the written consent of Landlord after the expiration of the Term of this Lease, such holding over or continued possession shall create a tenancy for month to month only, upon the same terms and conditions as are herein set forth and in effect the last month prior to the expiration of the Term of this Lease.

19.12 Holding Over - Non-Consensual. If Tenant remains in possession of the Premises or any part thereof after the expiration of Tenant's term or earlier termination of this Lease without the express written consent of Landlord, such occupancy shall be a tenancy at sufferance and Tenant must pay as rent during the holdover period in an amount equal to fair market rent (as reasonably determined by Landlord) for the Premises, plus all other charges payable hereunder under the terms of this Lease.

19.13 Nothing in Sections 19.11 and 19.12 may be construed as implied consent by Landlord to any holding over by Tenant and will not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.Warranty Against Payment of Consideration. Tenant warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Lease.

19.14 Non-liability of Landlord Officials and Employees; Non-liability of Members. No member, official or employee of Landlord shall be personally liable to Tenant, or any successor in interest, in the event of any default or breach by Landlord or for any amount which may become due to Tenant or its successor or on any obligations under the terms of this Lease.

19.15 Remedies Cumulative. The various rights, options, elections and remedies of Landlord contained in this Lease shall be cumulative and no one of them shall be construed as exclusive of any other, or of any right, priority or remedy allowed or provided for by law and not expressly waived in this Lease.

19. 16 Time of the Essence. Time is of the essence of this Lease and all of the terms, provisions, covenants and conditions hereof.

19.17 Controlling and Venue Law. The terms of this Lease shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of Santa Barbara County.

19.18 Covenants. Whenever in this Lease any words of obligation or duty are used in connection with either Party, such words shall have the same force and effect as though framed in the form of express covenants on the part of the Party obligated.

19.19 Joint and Several Liability. In the event either Party hereto now or hereafter shall consist of more than one person, firm or corporation, then and in such event all such persons, firms or corporations shall be jointly and severally liable as parties hereunder.

19.20 Recitals. The Recitals are true and correct as of the date hereof and are incorporated into the terms and conditions of this Lease.

19.21 Attachments. All attachments and exhibits referred to in this Lease are attached to and incorporated herein by reference.

IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of the dates written below.

Landlord: THE CITY OF CARPINTERIA, a California municipal corporation
By: _
Its:
------

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Tenant: FRIENDS OF THE CARPINTERIA PUBLIC LIBRARY, a
nonprofit California corporation
By: _
Its:
------
APPROVED AS TO FORM:

By: _
Jena S. Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
Attachments:

Exhibit A: Premises
Exhibit B: Payment Schedule
Exhibit C: Tenant's Certificate of Insurance

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Exhibit A
Premises
nentable IJMtC'•
48'6"
Jn11llot's
Uosd
=o
;·
"Premlses" include all interior space
except restoom space and Janitors Closet
Restroom and Janitors closet space ls "Common Area"
r
SJOl C••pHlttri" Ayq11u•
CurplMorl11f C&
Drawing not to scale
"Common Area" also includes Seaside Park
Exhibit B
Payment and Payment Schedule
I. Rent. Tenant shall pay Annual Rent in the amount of $1.00/year, due on July 1 of each year during the Term of the Lease Agreement.

II. Annual Contribution. Tenant shall pay City $50,000 as a minimum annual contribution, pursuant to the terms and conditions of this Agreement.

Payment Schedule: Upon execution of this Agreement, Tenant shall pay City in accordance with the following quarterly schedule:

A. 1
th Quarter payment - $12,500 on July 1
B. 2
nd Quarter payment - $12,500 on October I
C. 3
rd Quarter payment - $12,500 on January I
D. 4
th Quarter payment - $12,500 on April 1
E. Payment of any additional funds that surpass the minimum annual contribution of $50,000 shall be payable by June 30.

III. Payment. Rent and Annual Contribution payments shall be made by check, payable to the City of Carpinteria, Attn:

Accounts Payable, 5775 Carpinteria Ave., Carpinteria, California, 93013.

Exhibit C
Tenant's Certificate of Insurance
CI ty of Carpinteria
Couttcu- AceuoR Srarr RepoRr
September 25,2023

ITEM FOR COUNCIL CONSIDERATION
Harbor Seal Advisory Committee Recommendations, with Carpinteria Open Space Management Advisory Board input and recommendations, and related actions.

STAFF RECOMMENDATION
Receive the recommendations from these City advisory groups and direct staff to take related actions, as it determines appropriate.

Sample Motion: I move to direct staff to take and/or initiate actions as described: (insert recommended actions here, including those items that should be included in the 2024 Work Plan).

BACKGROUND
On July 10,2023, the Carpinteria City Council received and filed the Harbor Seal Rookery Report. The Harbor Seal Rookery Report is a comprehensive document that assesses the current state of the Carpinteria Harbor Seal Rookery and provides recommendations for its future management.

The City Council considered the Harbor SealAdvisory Committee (HSAC) recommendations in July 2023 and directed staff to foruuard the report to the Carpinteria Open Space Management Advisory Board (COSMAB) for review of matters within its purview. The City Council requested to bring the item back at a later date in order to take into consideration any recommendations of the COSMAB before it takes any further action on the matter.

The purpose of this agenda matter is to bring back the recommendations of the Harbor Seal Adivosry Committee, report out on the COSMAB recommendations, and provide options for a new Harbor SealAdvisory Committee.

Harbor Seal Advisory Committee
September 25,2023

Page 2 ends

DISCUSSION
Carpinteria Open Space Management Board Recommendations On August3,2023, COSMAB reviewed the Harbor Seal Rookery Report (Report) and made a motion to provide the following recommendations to the Council:

1. Harbor Seal Sign Program. Placement of directional, advisory and/or interpretive signs on Harbor Seals would be located on public areas under the purview of the COSMAB and, therefore, it felt it should retain authority to make recommendations concerning such signs. Further, signs proposed in certain locations,,such as the Bluffs Nature Preserve, would be subject to conservation easement restrictions that the COSMAB is familiar with and assists the City concerning compliance.

2. Public lands acquisition. The COSMAB assists the City, in part, in determining strategic acquisitions appropriate to support the City's open space network to the benefit of environmentally sensitive habitat areas and public access. As such, COSMAB recommends that any land acquisition related to the Harbor Seal area receive review and recommendation of the COSMAB.

3. Marine Protected Area (MPA). Similar to the above, the COSMAB recommends it have to opportunity to make recommendations concerning potential establishment of a multi-jurisdictional MPA along the Carpinteria coast.

4. Committee Continuation. COSMAB supports continuing/reforming a Harbor Seal Advisory Committee.

5. Urgency. ln light of declining Harbor Seal numbers, the COSMAB recommends these matters continue to be given urgency in order to accomplish whatever feasible protective measures can be implemented in the near future.

Harbor Seal Advisory Committee Recommendations
The recommendations included in the Harbor Seal Rookery Report require varying degrees of effort, technical expertise, and financial commitment. Staff has organized the Harbor Seal Rookery Report recommendations into phases based on time frames in which the work can realistically be accomplished. Those items that could be accomplished in the 2023-2024 fiscal year (FY) are included in Phase l.

Recommendations that would require more resources, and engaging in partnerships with other groups with more technical expertise, are categorized into Phase ll & Phase lll. This approach will allow City Council to select and prioritize recommendations based on their urgency, feasibility, and cost.

Phase I - Short Term This item is conside red a lower level of difficulty and could be accomplished in the 2023-2024 FY
G:\CC Staff Reports\2023 0925
Harbor Seal Advisory Committee
September 25,2023

Page 3 ends

Educational & Requlatorv Recommendations

1. Adopt a Unified Sign Program: This recommendation includes updating the annual signs that are posted along the beach, as well as developing a comprehensive sign program along the CoastalVista Trail, including the following types of signs:
. Wayfinding: Signs that direct people to the Harbor Seal Rookery Overlook; . Advisory: Provides Guidance on how NOT to disturb marine mammals; . Regulatory: Local, State, Federal Regulations (Marine Mammal Protection Act, Beach Closure); and,
o lnterpretive: lnformational panels with detailed education similar to those that are installed throughout the parks system at locations such as the Carpinteria Salt Marsh Park and along the Palm to Linden portion of the Carpinteria CoastalVista Trail.

Updates to existing srglns could be accomplished in the near term, while a formal sign program, including permitting and Architectural Review Board Review, would take longer. This item is considered a lower level of difficulty and could be accomplished in the 2023-2024 FiscalYear (FY)

2. Gonsider Formalizing the City's lnvolvement in Seal Watch:

This recommendation includes two separate items. Option a. could be accomplished in the near future, and the second option falls under Phase lll. a. Volunteer Coordination: The City takes active role in recruiting volunteers, but Seal Watch remains an independent organization,
Phase ll - Mid Term (Beyond FY 2023-2024) ltems in this category selected would be included in the 2024 Work PIan.

Educational & Requlatory Recommendations

1. Greate an Education Outreach Program: This recommendation includes updating existing outreach materials, as well as creating a webpage for the Harbor Seal Rookery, which could include videos for visitors, information about Marine Mammal Protection Act, as well as a donation link to fund ongoing activities related to the Harbor Seal Rookery.

2. Purchase and lnstall a Wildlife Viewing Camera: lnstalling a wildlife camera for remote viewing of the Harbor Seal Rookery has multiple educational benefits, including increasing awareness about the Rookery, and could be paid for with a donation link directly on the webpage the camera is accessed. The popularity of wildlife viewing cameras like that for viewing nesting bald eagles in the Channel lslands National Park attest to the popularity of wildlife viewing cameras. This recommendation also could provide some research benefits.

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Phase lll - Long Term (Ihese are multi-year items that would require a greater level of effort, and could be initiated in the 2024 Work Plan.

Leq islative Recommendations

1. Update the Carpinteria Municipal Code to be more protective of the harbor seals and/or reflect the provisions of the Marine Mammal Protection Act.

2. Extend the timing or length of the existing beach closure by as little as one month and up to year-round to offer further protections to the haul-out area.

3. Seek greater Resource Agency regulatory protection for the rookery and nearshore area, including placing limits on recreational activities such as paddle boarding and kayaking.

4. Establish a Marine Protected Area (MPA): An MPA is a section of the ocean where a government has placed limits on human activity. Limitations would apply to certain types of recreation, scientific study, and industrial activities.

These recommendations would enact changes to the usage of the beach and immediate offshore areas of the Harbor Seal Rookery, making those changes legally enforceable. Any changes to existing access would require approvalfrom the Coastal Commission. Staff recommends any legislative actions that are selected for further work be incorporated into the 2024 Work Plan, as legislative actions would require a greater level of commitment from staff and should be prioritized through the annual Work Plan.

Educational & Requlatory Recommendations

1. lnstitute a Training Program: This recommendation could be a collaborative effort with Seal Watch, the volunteer group that currently conducts Harbor Seal counts and provides information to visitor, as well as the Carpinteria State Beach Park Rangers, enforcement staff, and others who might have oversig ht/interaction with Rookery.

2. Public Land Acquisition: Pursuing an easement or public ownership of the bluftop above the Harbor Seal Rookery would allow incorporation of site into the City's public trail system, increase public safety and the ability to conduct routine trail maintenance, and could provide a possible location for web-based wildlife viewing camera.

3. Explore Gollaborative Opportunities with Other Local Entities: This could include partnerships with the California State Parks, Carpinteria Unified School District, and Channel lslands Marine and Wildlife lnstitute. By partnering with other local agencies, the City could explore opportunities such as optimizing the Harbor Seal Rookery information at Carpinteria State Beach Park interpretive G.\CC Staff Reports\2023 0925
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center and greater distribution of educational materials for visitors to reduce disturbances.

4. Consider Formalizing the City's lnvolvement in Seal Watch:

This recommendation includes two separate items, one of which is considered under Phase I
a. The City leads and facilitates Seal Watch. Seal Watch becomes a program of the City of Carpinteria, with authority falling under a selected City Department.

5. Pursue Possible Research Partnerships: Explore possible research opportunities in partnership with a UC, CSU, community colleges, and others to promote and fund Carpinteria rookery research.

This item would require other agencies to act as the lead and is considered collaborative in nature. Council could direct staff to inquire if there is interest to partner on re search opportu nities.

The above recommendations require varying degrees or effort and financial commitment, and the recommendations selected would require additional staff and budget resources.

H arbo r Seal Advr.s o ry Co m mittee Refo rm ati o n
There are several options available to Council for moving fonruard with the Harbor Seal Advisory Committee, as detailed below.

How to determine the scope of work, expected outcome(s), schedule: The Council may be very specific, assigning the committee with specific tasks and asking for specific outcomes, e.g., a report or recommendation, within a specified time frame. Alternatively, the Council may outline the issues and concerns for the committee but allow the committee itself to determine its scope of work and work products, and even its schedule to accomplish the work.

How to form the Committee: The Council may take applications and make appointments much the same way it handles other appointments to Boards and Commissions, i.e., with nomination by the Mayor and advice and consent of the City Council. Alternatively, each Council member could nominate members for consideration by the Council.

Formation of any committee would be accomplished through consideration and approval of a resolution at a future City Council meeting.

Make-up and size of the Committee: The Council may choose members for the committee that have a particular expertise in the subject matter (i.e., harbor seals), may be stakeholders such as representatives of the adjacent private property owners and/or beach and ocean users, or may simply be interested members of the community, or any combination thereof. The committee may be as small as two members or much larger.

Staff believes that a manageable committee size is five or seven.

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Resources/Su rt: What support the Councilwishes to provide the Committee should be specified. A committee can operate entirely independent of City representatives, including staff. Alternatively, the City Council could assign Councilmember(s) or other appointed official(s), and/or request that staff be assigned to provide administrative support and expertise to assist the committee in its work.

Staff recommends selecting one of the options detailed below for the reformation of the Harbor Seal Advisory Committee.

Ad Hoc Council Committee
ln this approach, the City Councilwould select one or two City Council members to form a temporary ad hoc committee on the proposed purpose statement. The ad hoc Committee would not be subject to the Brown Act open meeting rules, unless it added additional members or engaged in specific Working Group meetings. These committees can have a small format (one or two councilmembers and up to five other members) or a large format. The Harbor SealAdvisory Committee that sunset in June 2023 was an ad hoc committee made up of two councilmembers and seven members of the public, a large format model. lf the City Council elects to have five or more members, the Committee would be subject to the regular Brown Act public meeting rules. lf Council selects this option, staff recommends selecting a small committee format.

Ad Hoc A Committee
ln this approach, Councilwould either appoint of recruit members. These could be members of the public at large, or Council could select members based on technical qualification related to the recommendations provided above. This type of committee is similar to the Bluffs Advisory Committee, prior to the formation of COSMAB.

Staff recommends that Council direct staff further for implementation of the selected recommendations, as well as the format for re-establishing a Harbor Seal Advisory Committee. This committee would be responsible for ushering fonvard any of the recommendations selected, with the exception of those where COSMAB has oversight. ln those areas where COSMAB has an interest or oversight, it is recommended that the committees work together to come to a consensus.

POLICY CONSISTENCY
The proposed recommendations are consistent with Carpinteria General Plan Objective OSC-S. Protect the Harbor Seal Hauling Ground from human disturbance.

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PageT

FINANCIAL CONSIDERATIONS
Any recommendations selected would require further financial analysis for both staff time and any additional budgetary needs.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed the Carpinteria Harbor Seal Rookery Report and has no exceptions.

OPTIONS

1. The City Council could direct staff further for selected recommendations.

2. The City Council could choose not to approve the recommendation and provide further direction to staff.

ATTACHMENTS
Attachment A
Attachment B
Carpinteria Harbor Seal Rookery Report
COSMAB 813123 Special Meeting Minutes
Staff contact: Aida Thau, Management Analyst ll
(805) 7 55-4432, [email protected]
Staff contact: Erin Maker, Environmental Program Ma
(805) 880-341 5, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, daved @carp i nteriaca.qov
I hy,,*
r
Signature
Signature
G:\CC Staff Reports\2023 0925

ATTACHMENT A
Carpinteria Harbor Seal Rookery Report
JULY,2A23
Prepared underthe direction ofthe
Ad Hoc Harbor Seal Advisory Committee
CITY OF CARPTNTERlA
Carpinteria Harbor Seal Report
Table of Contents

INTRODUCTION
Carpinteria Seal Watch proqram
Recomm endations
Legis lative Recomm endations
Update Carpinteria Municipal Gode
Extend Beach Glosure period
seek Greater Resource Agency Reguratory protection
Consider Forming a Marine protected Area (MpA)
Educational & Requlatorv Recommendations
Citv naoe P qram
Revise Annual Sign Program
Adopt Unified Sign Program for CoastalTrail
Expand the lnterpretive Sign program
Hu Resources nd Public h
Update Existing Outreach programs and Materials
Develop Docent Program and provide support to seal watch Raise Funds for Research and Docent Support
Establish a Park Ranger position
lnstall A Wildlife Camera
Pursu Public Own rship of the uff Ton a the Seal
Seek Other Gollaborative partners
National Atmospheric and oceanographic Administration
California State parks
Channel lslands Marine and Wildlife lnstitute
Garpinteria School District
Pursue Partnerships in Research
Kelp Beds
Kelp Hold fasts
Debris Basins
Resu Its of a S
3 5
6 6
6 8
I
9 11
11 12
14 15
15 16
16 17
18 19
20 20
20 21
21 22
22 23
23 25
L
July 12,2023
ful ram
Carpinteria Harbor Seal Report
2 July 12,2O23
Carpinteria Harbor Seal Report
lntroduction
The Carpinteria shore is a picturesque coastal gem known for its natural beauty and relaxed atmosphere, Carpinteria Beach offers visitors and residents a delightful escape along the southern California coast. Stretching for miles, this sandy shoreline is framed by scenic bluffs and boasts stunning views of the Channel lsland National Marine Sanctuary and the Pacific Ocean. The beach provides ample opportunities for leisurely walks, sunbathing, picnicking, and enjoying various water activities such as swimming, surfing, and fishing. Carpinteria Beach is also home to diverse wildlife, including shorebirds, seals, and dolphins, making it a haven for nature enthusiasts. The nearby Carpinteria Salt Marsh Reserve adds to the area's ecological significance, providing a habitat for numerous bird species and serving as a valuable ecosystem. The nearby Carpinteria Reef adds to the complex and environmentally rich setting. With its inviting atmosphere, naturalwonders, and family-friendly amenities, Carpinteria Beach offers a serene coastal retreat and a place where visitors can connect with nature. However, the coast's popularity can conflict with the fragile nature of critical habitat for native plants and animals.

The Carpinteria Harbor Seal rookery is renowned for its large population of harbor seals who rely on the protected shoreline to rest, give birth to their young and to warm in the sun. This is an attractive destination for nature enthusiasts and wildlife photographers who appreciate the opportunity to observe these fascinating creatures in their natural habitat. Visitors are often captivated by the sight of adorable seal pups, which are born on the beach and spend their early days in the rookery. The Carpinteria Harbor Seal rookery serves as an important educational resource, offering opportunities for people to learn about the natural history and behaviors of harbor seals. Due to the popularity of coastal access in this area, establishing management tactics to keep the rookery and all coastal habitats vital is necessary to ensure the well-being of the seals. The purpose of this report is to look at various management tactics to protect the harbor seals from disturbances while allowing visitors to enjoy observing them while maintaining a safe distance from the animals.

Human activities can have both positive and negative impacts on Pacific harbor seal populations. On the positive side, conservation efforts and increased awareness have led to the protection and restoration of coastal habitats, creating safer environments for harbor seals to thrive. Measures such as the Marine Mammal Protection Act and habitat conservation plans have helped reduce direct harm to these animals. Additionally, educational initiatives and responsible wildlife viewing practices have fostered greater understanding and respect for harbor seals, reducing disturbance and promoting coexistence.

However, human activities also pose significant threats to Pacific harbor seals. Coastal development, pollution, and habitat degradation can disrupt their foraging grounds and haul-out sites, leading to habitat loss and fragmentation.

Noise pollution from marine traffic and construction can disturb seals, causing stress and interrupting their natural behavior. Fishing practices, such as bycatch and competition for prey, can impact their food availability and nutritional health.

July !2,2023
3 Carpinteria Harbor Seal Report
Furthermore, human-wildlife interactions, such as disturbance from ocean water sports or close approaches by humans and dogs, can cause stress and potentially separate mothers and pups, impacting the reproductive success of the population. Pacific harbor seal pups are highly vulnerable to human disturbance, and it is crucial for us to be aware of the impact our actions can have on these young marine mammals.

Pacific harbor seal pups are born on rocky shorelines or sandy beaches along the Pacific coast, these pups are usually covered in soft, fluffy white or light-colored fur, which helps them blend into their surroundings and provides insulation in the cool waters. They are born with large, dark eyes and a sweet expression that endears them to both humans and other harbor seals. Pups rely entirely on their mothers for nourishment and protection during the first four to six weeks of their lives. They nurse on their mother's milk, which helps them grow rapidly and develop the necessary strength and blubber layer to survive in the cold ocean waters. During this critical period, the bond between the mother and pup is strong, with the mother providing constant care and guidance. Pacific harbor seal pups also spend significant time resting and basking on land, building up their strength before they venture into the water. These curious and playful pups are a joy to observe, and their presence serves as a reminder of the delicate balance of life in the coastal ecosystems they call home.

When seal pups are disturbed by humans, it can disrupt their natural behaviors and cause unnecessary stress and harm. Approaching too closely or making loud noises can startle the pups and cause
them to become separated from
their mothers, leading to
abandonment and potential
m ortality. Additionally, direct
interactions or attempts to touch
or handle the pups can transmit
diseases or disrupt their natural
behaviors, ultimately impacting
their survival. lt is essential to
maintain a respectful distance and
observe harbor seal pups from
afar, using binoculars or cameras
to enjoy their presence without
causing harm. By respecting their
space and ensuring minimal
disturbance, we can help protect and preserve these vulnerable animals and contribute to their overallwell-being in their coastal habitats.

Keeping dogs out of the Pacific harbor seal rookery is of utmost importance for the wellbeing and conservation of these marine mammals. The rookery, where harbor seals give birth and raise their pups, is a critical area for their survival. Dogs, even when leashed orwell-behaved, can cause significant stress and disturbance to the seals. The mere presence and scent of dogs can create anxiety and disrupt the natural behavior of July 12,2O23
4 Carpinteria Harbor Seal Report
the seals, potentially leading to the separation of mothers and pups or the abandonment of pups altogether. Additionally, direct interactions between dogs and seals can be dangerous for both species. Dogs may chase, harass, or even harm the seals, while seals may perceive dogs as threats and act defensively. Furthermore, dogs can inadvertently introduce pathogens or diseases to the seal population, which can have devastating consequences for their health. Therefore, it is essential to respect and abide by regulations and signage that designate seal rookeries as off-limits to dogs, ensuring the safety, well-being, and conservation of the Pacific harbor seals.

Carpinteria Seal Watch Proqram
Seal Watch docents hold immense value in enriching the visitor experience and fostering a deeper appreciation for parks and natural areas. These dedicated volunteers serve as knowledgeable guides and interpreters, offering valuable insights into the history, ecology, and cultural significance of harbor seals . Seal Watch docents undergo training, enabling them to share their expertise with visitors. Their passion for the environment and commitment to conservation inspire and educate visitors of all ages, instilling a sense of stewardship and environmental awareness. Additionally, docents serye as valuable resources, offering guidance on rules, safety precautions, and responsible outdoor practices. Their presence enhances visitor satisfaction, encourages repeat visits, and promotes a sense of community involvement. Ultimately, docents play a vital role in preserving and protecting our natural and cultural heritage, ensuring that future generations can continue to enjoy and learn from these special places.

Pacific harbor seals and beach visitorship present a delicate balance that requires thoughtful consideration and respect for these marine mammals and their habitats.

While beaches provide opportunities for people to enjoy the coastal environment, it is crucial to be mindful of the presence of harbor seals and the potential impact of human activities on their well-being. Seal haul-outs, where these seals rest and nurse their young, are critical areas for their survival and should be given a wide berth to minimize disturbance. Visitors should maintain a respectful distance, avoid making loud noises, and refrain from approaching seals or attempting to touch them. By being conscientious of these guidelines, beach visitors can coexist harmoniously with Pacific harbor seals, allowing them to carry out their natural behaviors undisturbed. Promoting education and awareness about the importance of maintaining a safe and peaceful environment for these marine mammals can ensure a positive and sustainable interaction between beachgoers and harbor seals, preserving the integrity of coastal ecosystems for future generations to enjoy.

The harbor seal committee was formed to investigate this fragile dynamic and meet XX times.
5 July 12,2023
Carpinteria Harbor Seal Report
Recommendations
The Harbor Seal committee recommends the City Council pursue the following recommendations.

Leqislative Actions
Undate the Garointeria Municipal Gode be more nrotective of the harbor seals and / or reflect the provisions of the Marine Mammal Protection Act Carpinteria City can amend its municipal code to recognize the Marine Mammal Protection Act (MMPA). A Carpinteria City Ordinance could be adopted that makes a violation of the MMPA a violation of the City's Municipal Code. Municipalities have the authority to enact local ordinances and regulations to protect marine mammals within their jurisdiction, in addition to the federal protections provided by the MMPA. These local regulations may not be less restrictive than Federal or State laws, but could possibly be more restrictive.

The Marine Mammal Protection Act
(MMPA) was enacted in October
1972 in partial response to growing
concerns among scientists and the
general public that certain species
and populations of marine mammals
were in danger of extinction or
depletion as a result of human
activities. The MMPA prohibits the
"take" of marine mammals in U.S.
waters and by U.S. citizens. This
protection applies not only to harbor
seals, but also to northern elephant
seals, California and Steller sea
lions, whales, porpoises, sea otters
and other marine mammals.

Federal agencies such as the National Marine Fisheries Service (NMFS) and the U.S.

Fish and Wildlife Service (USFWS) are primarily responsible for implementing and enforcing the act's provisions. The United States Coast Guard (USCG) may also enforce the MMPA. Their responsibilities include patrolling and monitoring coastal and offshore areas to detect and deter activities that may harm marine wildlife, such as illegal fishing, pollution, vessel strikes, or unlawful harassment. The USCG also conducts search and rescue operations for distressed marine animals and coordinates responses to environmental emergencies, such as oil spills or marine debris.

Fines for violations of the Marine Mammal Protection Act (MMPA) can vary depending on the nature and severity of the offense. The MMPA grants federal agencies the authority to assess penalties and enforce compliance. The fines can range from civil July 72,2023
Carpinteria Harbor Seal Report
penalties to criminal charges, depending on the circumstances. Civil penalties can amount to thousands of dollars per violation, with higher fines for intentional or repeat offenses. Criminal charges can lead to more substantial penalties, including fines and potential imprisonment. Additionally, violators may also face restitution or other legal actions aimed at remedying the harm caused to marine mammals or their habiiats. lt's important to note that the specific fines and penalties for MMPA violations are determined by the courts and can vary based on factors such as the species affected, the level of harm caused, and the intent behind the violation.

Carpinteria could establish a municipal code that aligns with the goals and provisions of the MMPA to provide additional safeguards for marine mammals in the local coastal areas. Such a code could include provisions related to the protection of marine mammal habitats, restrictions on activities that may disturb or harm marine mammals, and guidelines for responsible wildlife viewing practices.

The City's municipal code could outline specific regulations for activities such as boating, fishing, coastal development, and beach access to ensure that they are conducted in a manner that minimizes potential impacts on marine mammals and their habitats. lt could also address issues such as noise pollution, vessel speed limits, and the use of certain equipment or practices that may harm or disrupt marine mammal populations.

According to Gov. Code S 53069.4(aX1), a city is authorized to levy administrative fines for code violations. The Carpinteria City Council may, by ordinance, make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The administrative procedures to prosecute violations shall govern the imposition, enforcement, collection, and administrative review by the City of those administrative fines or penalties.

By implementing a municipal code tied to the MMPA, Carpinteria would demonstrate its commitment to marine mammal conservation and the sustainable use of its coastal resources. lt would provide a local framework for protecting and preserving the diverse marine life that inhabits the area, contributing to the overall health of the marine ecosystem and ensuring the long-term viability of marine mammal populations.

Additionally, a municipal code tied to the MMPA would raise awareness among residents, viqitors, and local businesses about the importance of marine mammal protection. lt would serve as a reminder of the shared responsibility to safeguard these vulnerable species and encourage a culture of environmental stewardship within the community.

Enforcement of local ordinances is more likely by the Sheriff and City enforcement personnel. The Santa Barbara County Sheriffs Office plays a role in enforcing fish and wildlife regulations within the county. While their primary responsibilities revolve around maintaining public safety and upholding the law, they also collaborate with state and federal agencies to enforce fish and wildlife regulations. Santa Barbara County encompasses diverse habitats, including coastal areas, mountains, and inland waterways, which are home to various fish and wildlife species. The Sheriffs Office July L2,2023
7 Carpinteria Harbor Seal Report
works closely with the California Department of Fish and Wildlife (CDFW and the U.S Fish and Wildlife Service (USFWS) to enforce regulations related to hunting, fishing, and the protection of endangered or threatened species. They conduct patrols, investigations, and inspections to ensure compliance with these regulations and take appropriate action against violators. By actively enforcing fish and wildlife regulations, the Santa Barbara County Sheriffs Office contributes to the conservation of natural resources, preservation of ecosystems, and the sustainable management of fish and wildlife populations within the county's jurisdiction.

Extend the timino or lenoth of the beach closure bv as little as one month and uo to vear-round in the immediate lv area of the seal rookervProtecting the moms and pups for a longer season when most vulnerable during harbor seal pupping season may
provide some benefits.

Currently the pupping season
is thought to be December 15
through May 15. The City
closes the beach by law from
December 1 to May 31 each
year. Extending this closure
period, or pursuing a yearround closure could help to
reduce the number of
disturbances. This new and
extended closure could also
include further restricting offshore access to no entry for 300 feet including kayaking and surfing. Currently motorized vessels are prohibited to come within 300 feet of the closed area and personal watercraft are prohibit with 1,000' Expanding the closure to non-motorized vessels and surfing may result in a reduced number of seal disturbances. See CMC 12.24.090.

Consideration of extending beach closure laws would also need to consider ramifications of the public's coastal access and seek approval from the California Coastal Commission. The California Coastal Commission holds significant authority when it comes to managing and protecting the state's coastal resources, including the power to close a beach when necessary. As an independent state agency, the Coastal Commission is responsible for enforcing the Coastal Act, which safeguards coastal areas from overdevelopment and ensures public access to the coast. ln certain situations, the Commission may allow the closure of a beach to protect public safety, preserve sensitive habitats, or respond to environmental emergencies. The Coastal Commission and the City can work together to maintain the balance between public access and conservation. ln order to pursue this task, a consultation with the Coastal Commission staff would be needed to determine if the proposal is a project under July 12,2023
8 Carpinteria Harbor Seal Report
CEQA and how the City could proceed. Additional research would need to be conducted to support the proposal.

Seek greater Resource Agencv requlatorv protection for the rookery and nearshore area
Strengthening the laws and enforcement of regulations that protect the Carpinteria Harbor Seal Rookery is crucial for ensuring the long-term survival of this important habitat. By updating and strengthening existing laws and regrilations, it may be possible to provide greater protection for the harbor seals and other wildlife that call the rookery home. This could include measures such as increasing penalties for violations, expanding the size of the protected areas, and implementing new regulations to address emerging threats.
ln addition to strengthening laws and regulations, it is also important to ensure that these measures are effectively enforced. This could involve increasing funding for enforcement efforts, hiring additional personnel, and providing training and resources to support enforcement activities. By increasing the capacity for enforcement, it may be possible to more effectively deter violations and ensure that those who do violate the law are held accountable.

It is also imporlant to recognize that laws and regulations alone are not enough to protect the Carpinteria Harbor Seal Rookery. ln order to achieve long{erm success, it is necessary to engage with the community and build support for conservation efforts. This could involve outreach and education efforts to inform the public about the importance of protecting the rookery and its inhabitants.

Establish a Marine Protected Area
Establishing a marine protected area (MPA) offers a range of benefits that contribute to the conservation and sustainable management of marine ecosystems. Firstly, MPAs serve as sanctuaries for marine species, providing a safe haven for various plants, animals, and habitats. By limiting or prohibiting activities such as fishing, habitat destruction, and pollution, MPAs help preserve biodiversity, protect critical habitats, and safeguard vulnerable or endangered species. This, in turn, promotes the overall health and resilience of marine ecosystems.

MPAs also support the recovery and replenishment of fish and other marine populations. By implementing sustainable fishing practices within and around MPAs, the protected area acts as a refuge where marine life can reproduce, grow, and thrive without excessive human interference. As fish populations increase and expand, they can spill over into adjacent areas outside the MPA, benefiting both commercial and recreational fishing efforts.
ln addition to conserving biodiversity, MPAs contribute to the scientific understanding of marine ecosystems. These protected areas serve as living laboratories where researchers can study marine life, monitor ecological processes, and assess the impacts of human activities. The data and insights gained from MPA research can inform evidence-based management strategies, support policy decisions, and contribute to the broader understanding of global marine conservation challenges. 9 Carpinteria Harbor Seal Report
Furthermore, MPAs offer recreational and educational opportunities for visitors.

Whether through diving, snorkeling, or wildlife observation, people can experience and appreciate the wonders of marine ecosystems firsthand. This engagement fosters a sense of connection to the marine environment and raises awareness about the need for its protection. MPAs can also promote sustainable tourism, generating economic benefits for local communities by attracting visitors, creating jobs, and supporting local businesses.

Overall, the establishment of a marine protected area provides a multitude of benefits, including biodiversity conservation, fishery management, scientific research, and educational and economic opportunities. By preserving and sustainably managing marine ecosystems, MPAs contribute to the long-term health and well-being of both the environment and human communities that depend on healthy oceans.

The establishment of a marine protected area (MPA) involves a deliberate and collaborative process that typically includes several key steps. The specific process may vary depending on the country or jurisdiction, but the overall objective remains the same: to create a designated area where marine resources and ecosystems receive enhanced protection. Here is a general outline of how an MPA is established:

1. Planning and Assessment: The process begins with a thorough assessment of the marine environment, including ecological surveys, biodiversity studies, and identification of key habitats and species. Comprehensive scientific assessments are conducted to gather data on biodiversity, habitats, ecological processes, and socioeconomic factors. These assessments help inform the development of a management plan that outlines the MPA's boundaries, zoning, regulations, and management strategies. The plan is designed to achieve the stated conservation objectives while considering the needs of stakeholders. This information helps identify areas of ecological significance that warrant protection.

2. Stakeholder Engagement: Stakeholders, including government agencies, local communities, indigenous groups, fishermen, scientists, and NGOs, are engaged in discussions and consultations. Their input, knowledge, and perspectives are crucial for establishing effective and inclusive MPA management plans.

3. Designation and Legal Framework: Based on scientific data and stakeholder input, the MPA is officially designated through legislation or regulations. The legal framework outlines the boundaries, objectives, and management measures for the MPA, ensuring its longterm protection and sustainability. lt provides the necessary legal authority for its management and enforcement. This involves drafting legislation or regulations specific to the MPA, clearly defining its boundaries, management objectives, and permitted activities.

4. Management Planning: A comprehensive management plan is developed, detailing the specific goals, objectives, and regulations for the MPA. lt considers factors such as zoning, activities allowed or restricted, monitoring protocols, and enforcement strategies. The plan is often developed in consultation with stakeholders and undergoes public review.

5. lmplementation and Enforcement: Once the management plan is finalized, implementation of the MPA begins. This involves establishing mechanisms for enforcement, monitoring, and compliance to ensure adherence to the regulations July t2,2023
10 Carpinteria Harbor Seal Report
and management objectives. Adequate resources, staff, and funding are allocated to support effective management.

6. Monitoring and Evaluation: Regular monitoring and evaluation are critical to assess the effectiveness of the MPA in achieving its goals. This involves tracking ecological indicators, measuring compliance with regulations, and collecting data on the impacts of the MPA on marine biodiversity and ecosystem health.

7. Adaptive Management: MPAs are dynamic and adaptive, responding to changing environmental conditions and emerging knowledge. Regular reviews and updates of the management plan allow for adjustments based on new information, scientific advancements, and stakeholder feedback.

Overall, the establishment of a marine protected area requires funding, careful planning, collaboration, and an evidence-based approach. By engaging stakeholders, integrating scientific knowledge, and implementing robust management strategies, MPAs can play a vital role in safeguarding marine ecosystems and promoting the longterm sustainability of our oceans.

Establishing an MPA requires funding, careful planning, collaboration, and a commitment to balancing conservation goals with socioeconomic considerations. The process aims to protect and preserve marine biodiversity, habitats, and ecological processes while engaging stakeholders and promoting sustainable use of marine resources.

Educational & Requlatorv Recommendations
Citv Siqn Proqram
Revise the An nual Siqn Prooram for Roo rv Protection
The Carpinteria Municipal Code provides for a seasonal closure of the beach in the vicinity of the seal rookery beginning on December 1 and reopening on June 1 each year. The City installs signs on the east and west boundary of the closed beach in order to advise the public in order to improve compliance with the closure. The signs are subject to winter conditions and sometimes are damaged or lost due to high surf and strong storm events. Because the beach is not closed year round, the winter

WARNING

1.r
/r\ 1.\,

DO NOT DISTURB

HARBOR SEALS
Do Not Violate the Marine
MamrnaI Protection Act
The two signs on the left are used December L to May 31. The sign on the right is used June L to November 30 Seal $an*tuary
Beach Closed
DO r{OT
ENTER
BEACH
CLOSED

BEYOND THIS POINT

SEAL ROOKERY AHEAD
PROTECTED BYftIE

MARINE MAMMAL PROTECTION ACT
cMc 1?.24.090
July L2,2O23
Carpinteria Harbor Seal Report
season Beach Closed signs must be either removed or replaced with a sign that does not have the "Beach Closed" message.

Because the Marine Mammal Protection Act is not seasonal, it is recommended that a sign for the summer season be installed in place of the Beach Closed signs from June 1st to November 30th each year.

The WARNING sign shown above can be installed during the time of year when the beach is not closed helping to gain greater appreciation of the Marine Mammal Protection Act and reduce disturbances to seals on the beach in that time of year. Also, by changing the signs out seasonally, the signs can be kept in better physical condition.

Adopt and implement a unified siqnaqe svstem for the Coastal Vista Trail with wavfindinq. advisorv and requlatorv siqnaqe.

Trail wayfinding signage is a practical and easy way to communicate with trail users.

Wayfinding signs can help trail users stay safely on track and find their way. Proper signage can improve the user experience by providing information that educates trail visitors about the area, provides guidelines for use, promotes conservation, and creates a more interactive experience . The wayfinding signs can also help guide people to the seal rookery overlook, away from a route that could disturb the seals and provide them with advance information about preventing seal disturbances.

Proper signage along a trail helps maintain user safety, can reduce user conflict, and help keep users informed about local rules while they travel the trail. Additionally, using consistent signage can be a way to promote Carpinteria . lnstalling signage and surface markings along a trail can improve the safety of trail users. From wayfinding signage that help the public navigate trails, to informational signs that educate trailvisitors about the area, promote conservation, and create a more interactive experience, proper signage has many benefits.

A trail wayfinding sign system holds significant value in enhancing the overall experience and safety of trail users. These systems play a crucial role in guiding hikers, cyclists, and outdoor enthusiasts along the trail, ensuring they stay on the designated L2
July !2,2023

TYPICAL
CARPII.IIERIA

DIRECTION SIGN

COASTAL VISIA TMIL
f0' I tat'
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13 path and reach their desired destinations with ease. Wayfinding signs provide clear and concise information about trail distances, trailheads, points of interest, and important safety guidelines. By otfering visual cues and directional information, these signs help prevent confusion, reduce the risk of getting lost, and promote a sense of security among trail users. A well-designed wayfinding sign system also contributes to the preservation of the natural environment by minimizing human impact caused by wandering off the trail. Moreover, these sign systems can enhance the accessibility and inclusivity of trails. Ultimately, a comprehensive and well-maintained trail wayfinding sign system enhances the enjoyment, safety, and accessibility of outdoor recreational activities, allowing people to fully appreciate and explore the natural wonders of trail networks.

Finally the signage program along the trail could have content that is changes seasonally to reflect the beach's seasonal closure.

July 12,2023
Carpinteria Harbor Seal Report
Expand the Citv's lnterpretive Sign Proqram
lnterpretive signs can provide information on seal biology, conservation, and the significance of preserving their habitat. This educational aspect raises awareness about the importance of protecting marine life and fosters a sense of stewardship among visitors. The goals of a marine environment interpretive sign program should be to educate and inform visitors about the natural and cultural history of the area. This can include information about the local ecosystem, the plants and animals that live there, and the ways in which humans have interacted with the environment over time. The signs should be designed to engage visitors and encourage them to learn more about the marine environment. Additionally, the sign program should aim to promote responsible behavior and stewardship, by providing information about how visitors can help protect. the marine environment and its inhabitants.

The City's interpretive sign system currently has approximately thitly signs. Twenty signs are located in the Carpinteria Salt Marsh Nature Park. Four signs are along the Palm to Linden Trail. Two signs, one at Ash Avenue and one along the trail near the Harbor Seal rookery use the design above. The remainder are in various parks. The possible subject matter along the Carpinteria CoastalVista Trail is rich with cultural, environmental and historical potential. A well coordinated interpretive sign program would be cohesive and demonstrate Carpinteria's commitment to stewardship of local resources.

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At!9$ irc.! . F\ql dtrr$i: r\{) trdh thar rn.rinc rnrtr}mrl.. Urd.{ !h'l dq{di!{utrrrr' 0 rlrr'l.xrlrrt nR.r>-.:$ $tr! i r3d{rlils in$.1 !trnrtr'* rilnxrfi. *rltlpd..tl'i rn.l 16.l hfilr$!! rbnrdrnhE!hrir Fp'. llrrlFF <Gl* rft pottrcd \ :!* I$ ilr ll.r,nlrl t'N!ili.n .\.( {l lt7? salir{ n ns!rfult,,pfrM(h.fi1rl.ronr{,rrJnltr,l'rl!{('. t&L.at"}.{l6n.l',^, Carpinteria Coastal Vista Trail

HARBOR SEAL
July L2,2O23
Carpinteria Harbor Seal Report
Human ources and Public Outreach
Update existinq outreach proqrams and materials.

Public outreach can play a crucial role in fostering appreciation for harbor seals and promoting compliance with rules and guidelines designed to prevent disturbances. By educating the public about the importance of harbor seals to the ecosystem and the threats they face, outreach efforts can help to increase awareness and understanding of these animals.

Outreach programming
and materials must
include information that
helps to understand the
jeopardy that harbor
seal pups face when
they have separation
from their mother.

Harbor seal mothers
and pups generally stay
close together on shore
and are not separated
while
nursing . However,
harbor seal mothers will
leave pups on shore to
feed offshore . lf a
harbor seal pup is
separated from its mother, it may be at risk of injury, illness or death. lt is important to observe seal pups from a distance and not approach them, as their mother may be offshore .

This can lead to greater support for conservation measures and a willingness to follow guidelines that protect harbor seals from harm. Additionally, outreach can provide opportunities for people to engage with and learn about harbor seals in a responsible and respectful manner, further increasing appreciation for these animals.

Outreach materials can be printed, digital and video. Public outreach platforms can increase public exposure by connecting with journalists, editors, bloggers or social media influencers and the public by partnering with them to promote the cause. Some examples of public outreach media are news outlets, podcasts, blogs, social media channels, newsletters and webinars. Public outreach tactics can be a valuable tool for a city to protect harbor seals. By educating the public about the importance of harbor seals and their role in the ecosystem, the city can raise awareness and encourage responsible behavior around these animals. This can include providing information about how to view seals without disturbing them, as well as promoting responsible tourism and wildlife watching practices. By engaging with the community and fostering a 15 :r:.r i.rl :rl:i . sE ):.:r: trr'!i.r !
July 12,2O23
Carpinteria Harbor Seal Report
sense of stewardship, the city can help ensure that harbor seals are protected for future generations to enjoy.

Develop a formal docent traininq proqram and provide support for SealWatch The Seal Watch volunteers perform volunteer docent program services. Docents are trained volunteers who provide education and interpretation to visitors . Docent programs can vary from site to site and also be seasonal. By building a strong base of volunteer support among local residents and visitors, it may be possible to create a culture of stewardship that values and protects this unique natural resource.

A docent program can be an effective way to promote respect and appreciation for a harbor seal rookery and the City's open space network. By sharing their knowledge and passion for the natural environment, docents can help visitors understand the importance of protecting harbor seals and their habitat. This can lead to greater support for conservation efforts and a willingness to follow guidelines that protect these animals.

Additionally, a docent program can provide opportunities for people to engage with and learn about harbor seals in a responsible and respectful manner, further increasing appreciation for these animals.

The City can provide professional organizational and other support to a seal watch docent program in several ways. One way is by providing funding for the program, which can help cover the costs of training, materials, and other expenses. The City can also provide logistical support, such as helping to coordinate volunteer schedules and providing access to city facilities for training and events. Additionally, the City can help promote the docent program through its communication channels, such as its website and social media accounts. By working togetherwith the docent program, the City can help ensure its success and support its efforts to educate and engage the public about the coastal environment.

The City could also work to find financial support for Seal Watch Volunteers Raisinq Funds for Research and Docent Support
The City of Carpinteria can explore various avenues to raise funds for the protection of its harbor seal rookery. Here are a few potential strategies:

1. Grants and Funding Programs: The city can actively seek grants from government agencies, nonprofit organizations, and foundations that support wildlife conservation and habitat protection. There are often specific grant programs available for coastal conservation initiatives, including those focused on marine mammal protection.

2. Partnerships and Sponsorships: The city can establish partnerships with local businesses, environmental organizations, and community groups interested in supporting the protection of the harbor seal rookery. These partnerships can involve financial contributions, in-kind donations, or fundraising events.

L6
July t2,2023
Carpinteria Harbor Seal Report
Additionally, the city can seek corporate sponsorships from businesses that align with the goals of marine conservation.

3. Crowdfunding and Community Donations: The city can launch a crowdfunding campaign or create a dedicated donation platform to encourage community members, visitors, and supporters of marine conservation to contribute directly to the protection efforts. This approach allows individuals to make smaller donations that, when combined, can have a significant impact.

4. Fundraising Events: The city can organize fundraising events such as benefit concerts, charity auctions, or nature walks to raise funds and awareness for the harbor seal rookery. These events can engage the local community and attract visitors who are interested in supporting environmental causes.

5. Municipal Funding and Local Taxes: The city can consider allocating a portion of its budget specifically for the protection and conservation of the harbor seal rookery. Additionally, the city could explore the possibility of implementing local taxes or fees that directly contribute to conservation efforts.

6. Educational Programs and Tours: The city can develop educational programs, guided tours, or interpretive signage related to the harbor seal rookery. These initiatives can generate revenue through participant fees or donations while also raising awareness about the importance of protecting the rookery.

Establish a Park Ranoer Position
Establishing a park ranger job for Carpinteria's natural open spaces and ocean beach would bring numerous benefits to the city. Firstly, having a dedicated park ranger would ensure the preservation and protection of these valuable natural resources. Park rangers are trained professionals who possess extensive knowledge about ecosystems, wildlife, and conservation practices. Their presence would help monitor and manage visitor activities, enforce regulations, and prevent illegal or harmful behaviors. Secondly, park rangers serye as valuable resources for visitors, providing information about the area's naturalfeatures, safety guidelines, and recreational opportunities. They can educate the public about the importance of environmental stewardship and promote sustainable practices. Thirdly, having a park ranger would enhance public safety in these natural areas. Their presence would ensure quick and effective assistance in case of accidents or emergencies. Lastly, a park ranger can facilitate community engagement and involvement through organizing guided toLlrs, educational programs, and volunteer opportunities. This would foster a sense of ownership and pride among the residents of Carpinteria, as they actively participate in the care and conservation of their local natural spaces. Overall, establishing a park ranger job for Carpinteria's natural open spaces and ocean beach would contribute to the well-being of both the environment and the community, ensuring the sustainable enjoyment of these precious resources for present and future generations.

The City may be able to contract with Galifornia State Parks for Park Ranger Assistance
77 JWty LL, LV4J
Carpinteria Harbor Seal Report
California State Park Rangers play a vital role in habitat protection within the state's park system. As stewards of California's diverse natural resources, they are responsible for managing and conserving the habitats and ecosystems within their designated parks. State Park Rangers work diligently to enforce regulations and policies that safeguard sensitive habitats, ensuring the preservation of native flora and fauna. They actively monitor and prevent activities that may pose a threat to habitats, such as illegal hunting, fishing, or destructive behaviors. ln addition, they collaborate with scientists, conservation organizations, and volunteers to implement habitat restoration projects, such as native plantings and invasive species removal. State Park Rangers also play a crucial role in educating visitors about the importance of habitat protection, promoting responsible behavior and minimizing human impacts on fragile ecosystems. Their commitment to habitat protection ensures the long-term viability and health of California's natural environments, fostering biodiversity and preserving these precious habitats for future generations to
enjoy and appreciate. Exploring a
for refined relationship with State
Park rangers may help to reduce
harbor seal disturbances.
lnstall a Wildlife Camera
Wildlife cameras can be incredibly
useful tools for scientific research.

By capturing images and videos of
animals in their natural habitats,
wildlife cameras can provide valuable data on animal behavior, population dynamics, and ecosystem interactions. This information can help scientists better understand the naturalworld and inform conservation efforts. Additionally, wildlife cameras can be used to monitor the impacts of human activities on wildlife populations and habitats. By providing a non-invasive means of observing animals in the wild, wildlife cameras can help scientists gather important data while minimizing disturbance to the animals being studied.

A wildlife camera program can also be seen in local and other schools, interpretive centers, and anywhere there is interest. Such a program could operate like the Carpinteria City Beach Cam and be available for research as well as enjoyment.

Having a wildlife camera and making it available online offers numerous benefits for both researchers and the general public. Firstly, wildlife cameras provide a unique opportunity to observe and document wildlife behavior without disturbing or intruding upon their natural habitats. By capturing images and videos of various species, these cameras offer valuable insights into their behaviors, breeding patterns, and interactions, aiding in scientific research and conservation efforts. Making the camera feed available online allows researchers to remotely monitor wildlife activity in real-time, leading to a better understanding of population dynamics and habitat usage. Furthermore, sharing July L2,2023
18 Carpinteria Harbor Seal Report
the camera feed with the public otfers an educational and immersive experience, allowing individuals to witness the beauty and diversity of wildlife firsthand. lt promotes environmental awareness, fostering a sense of connection and appreciation for the natural world. Additionally, the online accessibility of wildlife cameras provides an opportunity for citizen science, allowing enthusiasts to contribute data and observations, further enriching scientific knowledge. Overall, wildlife cameras and their online availability serve as a powerful tool for research, education, and promoting conservation efforts while fostering a deeper connection between humans and the animal kingdom. ln order to implement a wildlife camera, the City will need to find a location that meets the program needs and obtain necessary permits. Camera operations require connectivity to the internet and ongoing maintenance such as that which is required for the Carpinteria City Beach Camera. The Camera website could also be an avenue to seek financial support.

Pursue public ownership of the trail and bluff top above the Harbor Seal Rookery.

The Carpinteria Coastal
Trail is a scenic and
picturesque pathway
that winds along the
stunning coastline of
Carpinteria, California.

Stretching for miles, this
well-maintained trail
offers users a
captivating experience
as they explore the
natural beauty of the
area. The trail
showcases breathtaking
ocean and mountain
views, sandy beaches,
and coastal bluffs, providing a perfect setting for leisurely walks, jogging, or cycling.

Along the way, visitors can spot an abundance of wildlife, including harbor seals, shorebirds, whales and dolphins, adding to the allure of the trail. The Carpinteria Coastal Vista Trail also serves as a connection to various points of interest, including the Carpinteria State Beach, Carpinteria Bluffs Nature Preserve, and the Rincon Point surfing spot. With its accessibility and serene ambiance, the Carpinteria CoastalVista Trail invites locals and tourists to immerse themselves in the tranquility of the coastal environment and enjoy the splendor of carpinteria's natural treasures.

While most of the trail route has public ownership, some of the trail is still in private hands. The City has been working to acquire and construct trail projects continuously for many years. The most recent projects include the Carpinteria Rincon Trail, the Bluffs ll trail, and the Linden to Holly Trail. The bluff top observation point that affords the best view of the seal rookery is not owned by the public. tt is possible to improve July 12,2023
19 Carpinteria Harbor Seal Report
the overlook when in private ownership, but if owned by the City, the City could make provisions to optimize the overlook in terms of public safety, sustainability, interpretation with a design that minimizes seal disturbances.

The City could pursue public acquisition of real estate in fee or by trail easement to allow for further rookery protective actions. This could include screening, interpretive signs, a wildlife camera, etc.

Seek other Collaborative Partners
National Oceanic and Atmospheric Administration (NOAA)
NOAA manages the Channel lslands National Marine Sanctuary in partnership with various federal, state, and local agencies, as well as local communities and stakeholders. Their expert advice in marine resource management using collaborative tactics could be a great benefit to the Carpinteria coast.

The Channel lslands National Marine Sanctuary is a marine protected area located off the coast of Southern California, encompassing an expansive area of approximately 1,470 square miles.

The sanctuary is home to a remarkable marine ecosystem that includes kelp forests, seagrass beds, rocky reefs, and deep-sea canyons. These habitats provide crucial breeding, foraging, and nursery grounds for numerous marine species, including whales, dolphins, sea lions, harbor seals, seabirds, and an abundance of fish and invertebrates.

The Channel lslands National Marine Sanctuary is renowned for its extraordinary biodiversity. lt is a sanctuary for rare and endangered species, such as the California sea otter, Guadalupe fur seal, and blue whale. The sanctuary also boasts a high level of endemic species, meaning they are found nowhere else in the world, highlighting its unique ecological significance.

One of the sanctuary's notable features is its stunning kelp forests. These underwater forests, dominated by giant kelp, create a complex and productive ecosystem. They provide food, shelter, and protection for a wide range of marine organisms, contributing to the overall health and resilience of the marine ecosystem. ln addition to its ecological importance, the Channel lslands National Marine Sanctuary offers exceptional recreational opportunities for visitors. lt provides opportunities for diving, snorkeling, kayaking, boating, and wildlife watching, allowing people to experience the beauty and wonder of the marine environment firsthand.

California State Parks
Collaborating with the California State Parks could greatly benefit the Carpinteria Seal Rookery in terms of habitat protection. The California State Parks system is dedicaied to preserving and protecting the natural and cultural resources of the state. By working together, the Carpinteria Seal Rookery and the California State Parks could develop July L2,2023
20 Carpinteria Harbor Seal Report
and implement strategies to protect the habitat of the harbor seals and other wildlife that call the rookery home. This could include measures such as habitat restoration, monitoring, and enforcement of regulations to prevent disturbances. As many of the visitors to the rookery come from those who are staying the State Beach Campground, collaborating with State parks seems reasonable.
ln terms of public education, a partnership with the California State Parks could also be beneficial. The California State Parks system has a strong focus on education and interpretation, providing opportunities for visitors to learn about the natural and cultural history of the state. By collaborating with the California State Parks, the Carpinteria Seal Rookery could develop educational programs and materials to inform visitors about the importance of protecting harbor seals and their habitat. This could include guided tours, interpretive displays, and educational events.

Finally, collaborating with the California State Parks could also help to promote compliance with the Marine Mammal Protection Act. The Marine Mammal Protection Act is a federal law that protects marine mammals, including harbor seals, from harm or harassment. By working together, the Carpinteria Seal Rookery and the California State Parks could develop strategies to ensure that visitors to the rookery are aware of and comply with the regulations set forth by this act. This could include measures such as increased signage, enforcement of regulations, and outreach efforts to educate visitors about responsible behavior around marine mammals.

Channel lslands Ma ne & Wildlife lnstitute
ClMWl, which stands for Channel lslands Marine & Wildlife lnstitute, operates a commendable Marine Mammal Rescue Program that focuses on the rehabilitation and release of sick, injured, and stranded marine mammals. Located in California, CIMWI is dedicated to the conservation and welfare of marine wildlife in the Channel lslands region. Through their rescue program, CIMW responds to reports of dlstressed marine mammals, often collaborating with government agencies, local organizations, and volunteers to provide prompt and compassionate care. Their team of experienced veterinarians, animal care specialists, and volunteers work tirelessly to assess, stabilize, and treat marine mammals in need. CIMW's facility provides a safe and nurturing environment for rehabilitation, offering specialized medical care, proper nutrition, and rehabilitation exercises tailored to each animal's needs. Once the animals have recovered and deemed fit for release, CIMWI ensures a successful reintroduction back into their natural habitat. The Marine Mammal Rescue Program by clMWl is a testament to their commitment to the well-being of marine mammals, playing a crucial role in protecting and preserving these magnificent creatures for future generations.

Carpinteria School District
Carpinteria High School recognizes the significance of environmental science education and offers a comprehensive program to equip students with a deep understanding of the environment and its conservation. The school's environmental science curriculum focuses on key topics such as ecology, conservation, sustainable practices, and environmental issues. Through hands-on activities, field trips, and laboratory experiments, students gain practical experience and develop a strong foundation in July 12,2O23
2!
Carpinteria Harbor Seal Report
scientific inquiry. Carpinteria High School also encourages students to engage in environmental projects and initiatives, both within the school and the wider community.

They may participate in environmental clubs, community clean-up efforts, or collaborate with local organizations to address pressing environmental concerns. By fostering a passion for environmental science, Carpinteria High School prepares students to become environmentally conscious individuals who can contribute to a more sustainable future.

Pursue Partnerships in Research
Seeking parlnerships with qualified researchers and organizations can greatly benefit our understanding of the Harbor Seal Rookery. By collaborating with experts in the field, it may be possible to conduct research that provides new insights into the behavior, ecology, and conservation needs of harbor seals. This information can help inform management decisions and guide conservation efforts to protect the rookery and its inhabitants.

Seeking grant funds for Harbor Seal research in California can be an effective way to support the study and conservation of these animals. There are several organizations and agencies that offer grant programs for marine mammal research, including the National Oceanic and Atmospheric Administration (NOAA), the National Science Foundation (NSF), and the California Ocean Protection Council (OPC). These grants can provide funding for a wide range of research activities, including population surveys, habitat assessments, and studies of harbor seal behavior and ecology. By applying for and securing grant funding, researchers can obtain the resources they need to conduct important research on harbor seals in California.

Research by collaborating with these and other organizations, it may be possible to conduct research that advances our understanding of the Harbor Seal Rookery and its inhabitants. This could include studies on population dynamics, habitat use, and the impacts of human activities on harbor seals. This can build a stronger foundation of knowledge to support the conservation of this important natural resource.

Nearby environmental resources may be directly linked to harbor seal populations.

Kelp Beds
Kelp beds and harbor seals share a close and interconnected relationship in coastal ecosystems. Kelp beds, which consist of large brown algae, provide vital habitat and food sources for harbor seals. These underwater forests otfer shelter, protection, and ample food in the form of small fish, invertebrates, and algae. Harbor seals, in turn, play an essential role in the kelp ecosystem by regulating the populations of prey species and contributing to nutrient cycling through their waste. They also help disperse kelp spores by swimming through the beds, aiding in the propagation and growth of kelp populations. The presence of harbor seals in kelp beds is a testament to the health and productivity of these underwater habitats. Protecting and conserving both kelp beds and harbor seals is crucial for maintaining the ecological balance and biodiversity of coastal areas. Local kelp beds may be directly impacted by the management of debris basins. 22 July 12,2023
Carpinteria Harbor Seal Report
Kelp Holdfasts
California kelp beds are teeming undenvater ecosystems characterized by towering kelp forests and an intricate network of rocks
acting as holdfasts. Kelp, a type of large
brown algae, attaches itself to these
rocks using specialized structures
called holdfasts. These holdfasts
provide stability and anchor the kelp to
the substrate, preventing it from being
swept away by strong currents. The
rocks themselves create a diverse and
dynamic habitat, offering shelter,
protection, and attachment surfaces for
a variety of marine organisms. They
serve as a foundation for kelp blades to
reach the surface, where they can
photosynthesize and create an
underuvater canopy that supports a
wealth of life. From tiny invertebrates
and fish seeking refuge to marine
mammals foraging for food, the rocks
within California kelp beds play a crucial
role in maintaining the structural
integrity and ecological function of these
extraordi nary underwater ecosystems.

Funding research in these areas could
lead to changes in management
practices that could benefit harbor
seals. Research institutions such as
the Pinniped Cognition and Sensory
Systems Lab at Long Marine Laboratory in Santa Cruz, CA, where they explore the inner worlds of amphibious marine mammals. They rely on observations made in the field to see how perception and cognition are translated into decisions and actions.

Studies help researchers to understand how ecological, evolutionary, and life history factors have influenced different marine mammal species. Working to provide financial and other support to attract research could yield a wealth of information about Carpinteria local harbor seal population.

Manaqement of Debris Basins
Flood control debris basins, an important component of flood management infrastructure, often involve the collection of rocks and boulders to mitigate the impact of excessive water flow during storms. These basins are designed to capture and temporarily store sediment, debris, and runoff to prevent downstream flooding and erosion. Rocks and boulders are strategically placed within the basins to act as physical July 12,2023
23 This Photo bv Unknown Author is licensed under CC
Carpinteria Harbor Seal Report
barriers and trap larger debris,
allowing water to slowly filter
out. The collected rocks and
boulders serve multiple
pu rposes-they d issipate the
energy of fast-moving water,
reduce erosion by stabilizing
the basin's slope, and facilitate
sediment deposition.

Additionally, they promote
natural infiltration and
percolation of water into the
ground, helping replenish
groundwater supplies. The
collection of rocks and
boulders in flood control debris
basins is a practical and
effective solution that helps protect communities and infrastructure from the destructive forces of flooding, while also contributing to the management of sediment and water resources in a sustainable manner.

Steep watersheds and coastal sediment deposition are interconnected processes that play a significant role in shaping coastal landscapes and influencing coastal ecosystems. Steep watersheds, characterized by rugged terrain and high-gradient slopes, have a greater potential for erosion due to the force of gravity and the rapid runoff of rainfall. As water rushes down these slopes, it picks up sediments and carries them downstream towards the coast. Once the sediment-laden water reaches the coastal areas, it slows down, allowing the sediments to settle and deposit. This process, known as coastal sediment deposition, contributes to the formation and maintenance of coastal landforms such as beaches, dunes, and coastal marshes and kelp beds. These sediment deposits provide valuable habitats for various organisms, including plants, invertebrates, and nesting sites for birds. Additionally, coastal sediment deposition helps buffer against coastal erosion, as the accumulated sediments act as natural barriers against wave energy and stabilize the shoreline. Understanding the dynamics of steep watersheds and coastal sediment deposition is crucial for managing coastal areas and ensuring their resilience in the face of changing environmental conditions.

However, the construction and operation of these basins can inadvertently disrupt the natural flow of sediment to the coast, leading to unintended consequences. As floodwaters are diverted and stored within the basins, the sediment that would typically be transported downstream to coastal areas is trapped and accumulates within the basin. This disruption of sediment transport can result in reduced sediment supply to coastal zones, affecting the natural processes of coastal sediment deposition and erosion. The lack of sediment can lead to beach erosion, loss of coastal habitats, and altered coastal dynamics. Coastal sediment is crucial for maintaining healthy beaches, July 12,2023
24 Carpinteria Harbor Seal Report
dunes, and estuaries, which provide protection against storm surges, support diverse ecosystems, and offer recreational opportunities. Therefore, it is important to consider and mitigate the unintended consequences of flood control debris basins on coastal sediment processes to ensure the longterm sustainability and resilience of coastal environments.

The interception of rocks and sediment by flood control basins could have potential implications for Pacific harbor seal populations. These basins can disrupt the natural flow of sediment, which plays a crucial role in the formation and maintenance of coastal habitats that harbor seals rely on. The accumulation of sediment within the basins may result in reduced sediment supply to coastal areas, leading to changes in beach morphology and shoreline erosion. These changes can negatively impact the availability of suitable haul-out sites and foraging grounds for harbor seals, potentially disrupting their behavior and population dynamics. Furthermore, the altered coastal dynamics may also affect the availability of prey species, as well as the overall health and productivity of the marine ecosystem. lt is important to carefully consider and manage the unintended consequences of flood control basins to ensure the longterm conservation of Pacific harbor seals and their coastal habitats. Balancing flood management needs with the preservation of natural sediment transport processes is crucial for maintaining the ecological integrity and resilience of coastal ecosystems.

Results of a Successful Program
A successful Carpinteria Pacific Harbor Seal protection program yields numerous benefits for both the local ecosystem and the community. Firstly, such a program ensures the conservation of a vital marine species. Pacific Harbor Seals play a significant role in maintaining the ecological balance of coastal areas by regulating prey populations and contributing to nutrient cycling. Protecting and preserving their habitat helps preserve the overall health and diversity of marine ecosystems.

Furthermore, a thriving harbor seal population in Carpinteria enhances the region's natural beauty and attracts nature enthusiasts and tourists. Visitors are drawn to the opportunity to observe these captivating marine mammals in their natural environment.

This influx of tourists can have positive economic impacts on the community, benefiting local businesses such as hotels, restaurants, and tour operators while providing a source of revenue for local government. A successful seal protection program can therefore contribute to the local economy and support sustainable tourism.

Environmental tourism plays a significant role in Carpinteria, California, attracting visitors who seek to explore and appreciate the city's natural beauty and rich biodiversity. Carpinteria offers a variety of attractions for nature enthusiasts, such as pristine beaches, coastalwetlands, and scenic hiking trails. Environmental tourism in Carpinteria allows visitors to engage with the local environment, fostering a connection to nature and promoting environmental awareness. Tourists can partake in activities like birdwatching, tidepool exploration, and guided nature walks, immersing themselves in July !2,2O23
25 Carpinteria Harbor Seal Report
the diverse ecosystems found in the area. Moreover, Carpinteria's commitment to sustainable practices and environmental conservation aligns well with the values of environmentally conscious travelers. The City's efforts to protect marine life, preserve coastal habitats, and promote responsible tourism make it an appealing destination for those seeking an eco-friendly travel experience. Environmental tourism in Carpinteria not only supports the local economy but also serves as a platform to educate and inspire visitors about the importance of environmental stewardship and the need to protect and preserve our natural resources so that these constructs may be promoted elsewhere.

Overall, the Carpinteria Harbor Seal rookery is not only a cherished natural treasure but also a symbol of the City's commitment to wildlife conservation. By providing a sanctuary for harbor seals and promoting responsible visitorship, Carpinteria showcases successful coexistence between humans and marine wildlife, ensuring the long-term survival and well-being of the seal population.

This Fhoto by Unknown Author is licensed under CC BY
26 July 12,2023
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ATTACHMENT B
COSMAB 813123 Special Meeting Minutes
City of Carpinteria
Carpinteria Open Space Management Advisory Board
Special Meeting Summary
August 3,2023 at 3:00 PM
Carpinteria Gity Hall, Council Chamber
5775 Carpinteria Avenue, Garpinteria, CA 93013
*Teleconference Location: 752 Kippen, Mayne lsland, BC Canada VON 2J1 Board Members Present: Andrea Adams-Morden
David Allen, Chair
Patrick Crooks
Jon Lewis, Secretary
Ted Rhodes, Vice-Chair
Matt Roberts (City Parks & Rec Dir.)
Arturo Tello
Board Members Absent: James McElvain
Others Present: Al Clark (Mayor)
C Kathleen Lord (Harbor SealAdvisory Committee)
Susan Mailheau (Harbor Seal Advisory Committee)
Randall T Moon, PhD
Alison Petro (Land Trust for SB County)
Aida Thau (City Parks & Rec. Mgt. Analyst ll)
Meeting Agenda *As Amended on Meeting Notice

1. Call to Order/Roll Call

2. Public Comments (regarding matters not on this agenda)

3. Parks, Recreation, and Public Facilities Director Report

4. Consideration of the 2023 Harbor Seal Report, and consideration to assume the Harbor Seal Advisory Committee Duties

5. Preliminary Trail at Bluffs ll Status

6. Rincon Bike Trail Alternative Design Status

7. Linden to Holly Trail Status

8. Review Meeting Summary and Action ltems from May 18,2023 Meeting a. Carp Bluffs Tar Pits: Continue collaboration with La Brea Tar Pits for the education component. Short Term: Tar Pits interpretive signage for lodgepole fence. Longer Term: Design a relatively low-cost retention structure for the tar seep as seep activity is increasing, and pump out in COSMAB Meeting Summary
warm weather as budget permits. Status: Ongoing work and ongoing board inpuUdiscussion. City attempting to contract out the fence construction using already purchased fence materials.
b. Prepare submissions to multiple grant programs for Rincon Bluffs Preserve.

Status: Tracking grant opportunities, applying when it's time. Ongoing. c. COSMAB "final" review of draft Charter. Status: Active. Board to provide any edits to Matt prior to the March 16 meeting. Review the final draft at the meeting and hopefully approve.
d. lnspection of Lagunitas Creek Pedestrian Bridge and Cypress Tree. Need to contact property owners regarding required maintenance and Cypress Tree safety trimming. Status: Active.
e. COSMAB review of draft Farmer parcel landscape plan after City Parks review. Status: Active.
f. Update on mowing the Tar Pits Park meadow and Carp Bluffs fields. Status:

Active. Waiting for Spring just prior to initial bloom. g COSMAB site visit or interested persons visit to look at North-South trees along Bob's Trail prior to safety prune. Status: Active. Waiting to be scheduled.
h. Update on Safe Parking Program at Viola Fields. Status: Active. i. E-bikes Speed Limit and Dogs on Leash Signage Approach to Bluffs Public Safety lssues. Review of mock-up signs. Status: Active. j. City Parks Sign Program development update. Status: Active. k. Review of the new Park Ranger job description and, if supported, make a motion that the COSMAB supports the position. (Budget usually adopted in June.) Status: Active.
l. Possibly review Rincon Bluffs EIR proposals from vendors, depending on City's progress. Status: Active.
m. Review of Bluffs I plans after plans are deemed complete. (ln the meantime, COSMAB members should read the plans linked on the City's "Hot Topics" website page.) Status: Active.
n. Review and suggest revisions to City Boards Membership Supplemental Questionnaire for use in 2025 prior to next two-year appointment cycle.

Status: To be scheduled

9. Board Comments and Topics for Next Meeting
l-0. Next Meeting Date: proposed to be August 17,2023 at 3:00 pM l l.Adjournment
Meeting Notes

1. Gall to Order
COSMAB Meeting Summary 2
a. Attendance per above. Ted chaired the meeting as David attended via teleconference.

2. Public or Board Comments regarding matters not on the agenda a. None

3. Parks, Recreation, and Public Facilities Director Report a. Ted acknowledged for the COSMAB that this was Matt's last meeting pending his retirement, and apologized for not being able to attend the last City Council Meeting where Matt's service to the City was acknowledged. b. The City publicized a Request for Proposal to prepare the environmental documents for the proposed Rincon Bluffs Preserve, and the deadline for submitting is August 10,2023. At least two consulting firms have been asking a lot of questions and asking for backup documents. Both have complimented the baseline report as being very useful. Additional reports prepared at the time that the property was being considered for resort development, such as geology, archeology, and blutf face stabilization reports will be provided to them, and much of that work should not have to be redone and would hopefully reduce proposal costs.
c. Ted asked if there was someone being hired as a Parks Director, given the reorganization of City departments. Matt said the City is assembling an interview panel, with the job title changing "Parks, Recreation and Community Services". He thinks the City has received over 40 applications which are being winnowed down to an interview group.

Andrea asked who she could talk to in order to provide recommendations.

Matt said City Council and HR. Matt said that pertaining to the COSMAB, the City was looking for someone with open space and natural preserve perspective for the interview panel.
d. Matt said that he and Aida had put together a habitat conservation fund grant request for the Bluffs ll trail. The previous Bluffs ll trail grant was a 50 percent match to acquire the trail easement, which included the agreement to tear down the storage building and move the fence.

4. Consideration of the 2023 Harbor Seal Report, and consideration to assume the Harbor Seal Advisory Committee (HSAC) Duties
a. Susan Mailheau, a member of the Harbor Seal Advisory Committee (HSAC), expressed concern that the COSMAB is considering assuming COSMAB Meeting Summary 3
the duties of the HSAC. She said that the COSMAB does not have the expertise or experience to do so.
b. Ted Rhodes clarified that the COSMAB only sees three touchpoints between the COSMAB and HSAC:
i. Establishment of a Marine Protected Area (MPA) only if that included part of the land open space
ii. The unified sign program
iii. Public Land acquisition to gain more public land for open space c. David Allen said that he would appreciate it if the COSMAB made a strong recommendation to City Councilto move fonryard with those recommendations of the HSAC that could be accomplished in short order. d. Patrick Crooks asked if there is a consideration to assume Harbor Seal committee duties. He didn't know if there was mixed language and that the intent was that the COSMAB consider the report and not that the COSMAB consider assuming the HSAC's duties.
e. Matt Roberts said that there was a request to send it to COSMAB and so we're having that meeting today and it could get back to the City Council.

City Council could consider assigning certain recommendations to the COSMAB to further execute and retain responsibilities at the Committee level, and parcel out certain tasks.
f. Ted Rhodes said that he was one of the people who requested that the Harbor Seal report come to the COSMAB, and it would have been appropriate for it to come to the COSMAB prior to going to City Council, but it had to be done at that City Council meeting.
g. Susan Mailheau said that there were many additional protections that could be afforded the seals with a Marine Protected Area (MPA) designation, but that it needed to be carefully pursued. h. Matt Roberts added that the process for an MPA can be a lengthy one and can be a very unique one depending on the marine resources and geographically they are usually much larger. An MPA would not be for the Harbor Seal rookery, but would be for the Carpinteria coast that could include the Carpinteria reef and then all the way down to the Rincon or larger. lt's a very long process.
i. David Allen said that he wanted to reiterate that the suggestion of establishing an MPA was only one of a number of suggestions and the same discussion was had in the HSAC, with many of the same concerns COSMAB Meeting Summary 4
being raised about feasibility and political aspects and so on. His concern is that the City move fonrvard with those recommendations that can be accomplished in short order.

Kathleen Lord said that she thought what had happened was that Ted spoke at the last City Council meeting about the COSMAB's responsibilities and then the Harbor Seal Report was sent to the COSMAB as a result of that.
k. Jon suggested that David make a motion.

David Allen made the following motion:
"l move that COSMAB recommends that the COSMAB retains
advisory responsibility for:
o The City's sign program, as the City has a conservation easement that speaks to that issue in a restrictive way, and o Public lands acquisition, to gain more land for coastal open space preservation, and
o The potential establishment of a multi-jurisdictional marine protected area along the Carpinteria coast if it includes any lands over which the COSMAB has advisory responsibility.

The COSMAB further recommends that City Council reappoint a Harbor SealAdvisory Committee and that COSMAB recommends in light of declining Harbor Seal numbers that continued urgency be given to accomplish protection of the Seals with whatever measures can be done in the near future."
Ted seconded the motion and it was unanimouslv approved bv the COSMAB.
m. Jon questioned and the COSMAB discussed how their recommendations get back to the City Council. Matt said that the COSMAB's recommendations would be included in the staff report as they report back to the City Council on the recommendations for the Harbor Seal Committee. Al Clark asked how any action the COSMAB takes gets memorialized. He was under the impression that there were no COSMAB meeting minutes. Several COSMAB members spoke in unison that they do take minutes, but that they haven't been posted to the City's website.

Matt said that normally in this case, the motion and vote of this committee would be included in the staff report as we report back to the City Council on the recommendations for the Harbor Seal Committee.
n. Matt also mentioned the debris basin in the report because he wanted to explain that the ecosystem is way bigger than the spot where the Harbor COSMAB Meeting Summary 5
Seals haul out. Cobble that would normally wash to the sea is blocked by the debris basin. Smaller cobble fields means more sand offshore and less rocky holdfasts for kelp, and it's evident from old photos of Carpinteria even back into the 1920's and even living people's memories that kelp forests are drastically smaller. Less kelp means less fish, less food for Harbor seals. so something that was built to stop urban flooding in the early 1970's - it's reasonable to assume that it has an effect on the Harbor Seal population. The kelp fields extended all the way past Linden. Now there's no kelp beds. Matt is championing that the cobbles and coarse sediment needs to go to Carpinteria. lt's easy to imagine over a million cubic yards of that sediment was intercepted and trucked away. one has to be vigilant as to anything that affects the marine environment.

Something as conspicuous as this seems to be low hanging fruit, plus it saves taxpayer money by not trucking it to upland disposal sites onehundred miles roundtrip whereas this is four-miles roundtrip. o. Aida asked a jurisdictional question as to if the COSMAB's signage responsibilities extend below the bluff edge to the bluff face in the event that the City wants to place signs there so people don't go around the points immediately adjacent to the rookery. Matt said the city owns some bluff faces and could request permission to place a sign on non-City property above the mean high tide line. Ted said it could be negotiated.

Aida said that most of the disturbance takes place from people on the beach, and if signage could be placed on the bluffs themselves, that might be more effective. Kathleen Lord said no one reads the signs and they just get littered and graffitied. she said it's better having human beings tell other human beings, and Susan will attest to that. Patrick said we have to try and part of the responsibility comes from the State Park system to the west and what the city has control over to the East, especially in winter and Spring. Ted said that we'll have to bring this signage up, it's an ongoing issue with us, but we need to close discussion here.

5. Preliminary Trail at Bluffs ll Status
a. Matt said that the City had applied for a grant from the Habitat Conservation Fund fifty percent match grant that, if awarded, would be used for the construction of the improvements across Bluffs ll (the area behind s&s Seeds). The award timeline is November,2023. Arturo said he very much appreciated the new trail and it improves the experience of the walk from state Park to Rincon Bluffs and back. He commented that the wood chips are too thick and incorrectly spread, and from a safety standpoint, it's possible to twist an ankle. He requested that the City COSMAB Meeting Summary 6
mitigate by tamping down, or spreading out. The wood chips used were from ground up wood taken off the beach. Patrick thought that if we could send a backhoe through there to just take out a width and perhaps put a smaller course size of chips on that width, that would enable getting a bike through there. From a stormwater perspective, the chips very much help retain soil through a wet winter. Matt said it was possible to get a landscape rake and make a more walkable trail.

6. Rincon Bike Trail Alternative Design Status
a. Matt updated the Board on the trail status. The City Council accepted Alternative 34 as the preferred alternative. lt needs to be brought back to City Council so they can consider directing staff to pursue that and not upholding the current appeal of the Council's decision, which followed the previous appeal steps that caused City Council to ask staff to again review all the alternatives and see if the soaring community's concerns could be further mitigated. Patrick said that he believed that Roy Lee (on the City's Transportation Committee) said that there was some coordination between the County and the City regarding the area where the trail connects to the Rincon Park parking lot turnaround. He asked Matt if he knew the status. Matt said that there's talk but County Parks needs to take action. For the record, he said, the project was originally proposed to extend to Bates Rd, but County Parks requested that it stop at the parking lot. Later, the County leased land for a cell site that the trail would have run through. Still later, County Parks staff turned over and subsequently changed their mind, forgetting that they had originally requested the connection be made there. There can certainly be a project there to develop the trail connection, possibly with Caltrans, but ultimately it's the responsibility of County Parks. lf the trail is extended to Bates, trail traffic then is brought into a higher-speed vehicle location with multiple pathways.
b. Andrea said she was down there with a Native Plant Society group and she expressed concern that the trail cut may cut through a rare native plant. Jon mentioned that the funding for development was five or ten years away and they were going to have to do an environmental clearance before there was any work done. Ted and Andrea affirmed that the area was not within the City limits; Ted pointed out it was geographically beyond what the COSMAB would weigh in on as a committee.

7. Linden to Holly Trail Status
COSMAB Meeting Summary 7
a. Matt said that the last time the cosMAB had met, the city had just installed the interim trail after getting a Coastal Development permit for it.

The trail is "interim" because it doesn't have headerboards or landscaping, and the expected life is less because there's no gopher-resistant substrate. The trail is very popular and Matt's received a lot of compliments from people. Arturo confirmed the sentiment.

8. Review Meeting summary and Action ltems from May 18,2o2g Meeting a. Meeting Summary Changes or Revisions to the Minutes
i. None
b. Action ltems reviewed per Action ltem Table below
i. The cosMAB reviewed the action items as listed on the Meeting Agenda for this 81212023 meeting.
ii. The Action ltems list below is the product of that review. c. On the subject of the Carp Bluffs Tar Pits, the lodgepole fence was constructed last spring and temporary laminated signs were installed.

Arturo requested that the wood chip pile be spread out, and Patrick said it could be knocked down to six to twelve inches in height and would still be functional for wood chip storage. As Matt is retiring, further improvements to the site signage for interpretationieducation and design of a relatively low-cost retention structure for the tar seep and potential removal of tar willfall onto Matt's replacement. Matt mentioned the history paper (see meeting notes of 5118/23 meeting) that stated that the Chumash possibly traded tar, which would be the first commercialization of oil in California.

Ted asked that this be put on the agenda for the new parks person. d. Alison asked Matt about his position being restructured in regards to Park construction. Matt said that Parks will take projects from beginning through the ERC, the ARB, and Planning commission, and city councir, and deliver the permits. The reason that was done was so that Parks still had the artistic and creative control over the project until it gets to construction, and then Public Works takes it from there in collaboration with Parks.
e. The cosMAB discussed the topic of the draft charter. Jon thought it needed to be revised to incorporate the most recent reorganization changes to Parks. Matt said it had been administratively approved. Patrick said it would be useful for the language to be on the city website so COSMAB Meeting Summary B
people know what the COSMAB did, and include other documents such as meeting notes to address that. Aida said she will try to have the website up with all the past minutes uploaded and so when they go back to City Council for the Harbor Seal Advisory Committee reestablishment recommendation from the COSMAB, they will be there for reference. f. Jon said he sends the minutes to Matt to review, and they are always labeled draft pending finalization and approval by Parks. Aida said they would put up the purpose of the committee, upcoming events and agendas, and minutes of past meetings on the City website. When minutes are uploaded they are final and public records, and they are good chronological referral points for COSMAB members, City Council, and the community. Matt's position will continue to have approval authority for minutes. lf there are any changes, the minutes would be brought back as the first agenda item for the next meeting where they would be revised and approved. Jon said we need to put that process into place. g. No follow-up yet on the inspection of the Lagunitas Creek pedestrian bridge and the adjacent cypress tree. Keep on the agenda as active h. Close the agenda item for the Farmer parcel as SCE no longer appears to be offering a grant, according to Ted. Remove from next meeting agenda.

The COSMAB discussed the issue of mowing at Tar Pits park. Some members of the public, such as Kathleen Lord, believe that the park should be left to grow naturally and not be mowed, while others on the COSMAB believe that the park should be mowed strategically to prevent fire hazards, promote the growth of native plants, and encourage future restoration efforts. The committee ultimately decided that the park should be mowed strategically, but not on a regular basis. This means that the park will only be mowed when necessary, such as when plants become too tall or when there is a fire hazard. The committee also discussed the issue of how to teach Showscapes, the City's landscape maintenance contractor, how to care for native plants. Kathleen Lord suggested that the City teach Showscapes how to trim plants rather than mow them, as this would be less disruptive to the natural environment.The committee also discussed the issue of safety hazards created by Showscapes' mowing and trimming practices. Al complained that Showscapes' mowing practices were creating a safety hazard by leaving cut-off stick branches at eye level on trail-adjacent brush. Matt said he would report this to Tiffany Smith, the City Parks Supervisor. The committee ultimately decided that the City COSMAB Meeting Summary 9
would need to be diligent with showscapes and other subcontractors to ensure that they are following proper safety procedures. i. Here are some of the key points from this discussion:

The COSMAB does not want to see a regular mowing schedule for Tar Pits park.

Mowing should be strategic, as it was where we put in allthe trees.

Strategic mowing is supported, but not an annual mowing plan.

Tar Pits is kind of a special spot that shouldn't be treated the same way as the Carpinteria nature preserve.

The City will need to be diligent with Showscapes and other subcontractors to ensure that they are following proper safety procedures..
j. Patrick asked about the proposed site visit to visit the Bob's Trail trees (item g. in the action items list). Keep on the agenda as active. k. Matt said the Safe Parking program at Viola Field was supposed to start in July, but was uncertain if vehicles had actually started parking there overnight. No comments or complaints from the public have been received.
l. On the topic of e-bikes, further discussion will wait until after new signage is installed. Matt said that his parting philosophy is that there should be a speed limit and not a ban because e-bikes are becoming more stealthy and it is becoming more difficult to determine a regular bike from an ebike. The new wayfinding signs include caution yellow text that say to travel at a safe speed (as there is no City ordinance for bike speeds on the trails). These signs have not yet been printed. Matt says that he thinks the COSMAB will be able to review the signs prior to printing. m. The new Park Ranger position was not funded by the City Council.

Hopefully we can submit it for the next budget call. Andrea asked what happened to the weekend code compliance officer enforcing rures in parks. Matt responded that this goes back ten years. That person,s supervisor focused on parking enforcement and the City did not implement weekend park patrol enforcement.
n. The City has received a resubmitted application for Bluffs l. The application is not yet deemed complete. The cosMAB will schedule a ilt.
iv.

VI
COSMAB Meeting Summary 10
dedicated special meeting to review the plans once the application is deemed complete.
i. The COSMAB will focus on the following issues:
ii. The vision for the open space north of the railroad tracks, trails, and the Harbor Seal overlook.
iii. Whether the open space will be preserved in perpetuity. iv. Whether there is a conservation easement with the open space. v. How the open space adds to the COSMAB's (City) assets. vi. View corridor issues.
vii. lssues regarding bringing a lot of people to the site. viii. lmpacts to the City's trail system, to the Harbor Seals, and the danger of the railroad tracks.
ix. The COSMAB's role:
x. The COSMAB is not in the direct permit pipeline.
xi. The COSMAB is an advisory management board managing property that's been acquired by the City.
xii. The COSMAB can provide feedback on the Bluffs I plans, but the City ultimately makes the decision on whether to approve the plans. xiii. How the project affects COSMAB and the current open spaces xiv. The Bluffs I project could impact the COSMAB's ability to manage the current open spaces.
xv. The project could also impact the view corridor and the Harbor Seal overlook.
xvi. The COSMAB will need to weigh the potential impacts of the project against the benefits of the project before providing feedback to the City.
o. Ted asked if there was anything we needed to add to the next meeting agenda. Andrea said there's a new person coming into the high school who is a plant person, and she was going to ask them if they could grow COSMAB Meeting Summary 11
plants for us, and is that OK? Matt said it's OK with the parks Department. No one objected, and Jon, patrick, and Ted agreed. p. David wrapped up the meeting by offering congratulations to Matt on his retirement, and that was seconded by Arturo.

9. Topics for Next Meeting and Announcements
i. Next Meeting Date: September 21,2023 at 3pm.
l0.Adjournment

ACTION ITEMS REVIEW AND UPDATE
Item Number: 1
Action: Carp Bluffs Tar Pits: Short Term: Continue mulch cover. Flatten chip pile.

Longer Term: Design a relatively low-cost retention structure for the tar seep as seep activity is increasing, and pump out in warm weather as budget permits.

Owner: City Parks
Status: Active
Target Completion Date: As soon as possible.

Item Number:2
Action: Carp Bluffs Tar Pits: Continue collaboration with La Brea Tar Pits for the education component. Short Term: Consult re: Tar Pits interpretive signage for lodgepole fence.

Owner: Matt Roberts and Jamie McElvain
Status: Active
Target Gompletion Date: After review of proposed sign text Item Number:3
Action: Prepare submissions to multiple grant programs for Rincon Bluffs Preserve Owner: Matt Roberts
Status: Tracking grant opportunities, applying when it's time.

Target Gompletion Date: Ongoing
Item Number:4
Action: Lower/tamp down Bluffs ll (S&S Seeds) trail to address safety issues Owner: Matt Roberts
Status: Active
Target Completion Date: As soon as possible
Item Number:5
Action: Meet with Public Works to add inspection of Lagunitas Creek pedestrian bridge to the list of City pedestrian bridges in City's Bridge lnspection program going foruuard.

Contact property owner regarding required maintenance. Contact property owner regarding Cypress Tree safety trimming.

Owner: Matt Roberts
COSMAB Meeting Summary 12
Status: Active
Target Completion Date: As soon as possible
Item Number:6
Action: Ensure City communicates any non-trail mowing or trimming in Tar Pits Park meadow prior to actual work.

Owner: Matt Roberts
Status: Active
Target Completion Date: Ongoing
Item Number: 7
Action: COSMAB site visit or interested persons visit to look at North-South trees along Bob's Trail prior to safety prune
Owner: Matt Roberts
Status: Active. Waiting to be scheduled.

Target Completion Date: Waiting to be scheduled.

Item Number:8
Action: Review proposed wayfinding signage text
Owner: Matt Roberts
Status: Active.

Target Completion Date: When signage text is complete and prior to printing Item Number:9
Action: Request Park Ranger position
Owner: Matt Roberts/Ted Rhodes
Status: Active.

Target Completion Date: Next input lo 2024-2025 Budget
Item Number: 10
Action: COSMAB to possibly review Rincon Bluffs EIR proposals from vendors Owner: Matt Roberts
Status: Active.

Target Completion Date: After receipt and prior to award.

Item Number:11
Action: COSMAB to review Bluffs I plans after plans are deemed complete. (ln the meantime, COSMAB members should read the plans linked on the City's "Hot Topics" website page.

Owner: Matt Roberts
Status: Active.

Target Completion Date First meetino after olans are deemed com n lete kelv Septembe r 2023 dedicated no as sole aoenda item
Item Number:12
Action: Add "Motion to Approve the minutes of the regular meeting held <date>" or COSMAB Meeting Summary 13
similar as a standing agenda item to meeting agendas. lf there are revisions to the minutes, they will be considered for approval, and the City will apply the revisions prior to posting the minutes on the City's website.

Owner: Matt Roberts
Status: Pending
Target Completion Date: Prior to next meeting
Item Number: 13
Action: Review and suggest revisions to City Boards Membership Supplemental Questionnaire for use in 2025
Owner: Ted Rhodes
Status: To be scheduled
Target completion Date: Prior to next two-year appointment cycle (Jan 202s) COSMAB Meeting Summary 14
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 25, 2023

ITEM FOR COUNCIL CONSIDERATION
Law Enforcement Services Agreement between the City of Carpinteria and the County of Santa Barbara for period between July 1, 2023, and June 30, 2027.

STAFF RECOMMENDATION
Approve and authorize the Mayor to execute City of Carpinteria Contract Law Enforcement Services Agreement between the City of Carpinteria and the County of Santa Barbara for period between July 1, 2023, and June 30, 2027.

Sample Motion: I move to authorize the Mayor to approve and execute the proposed Law Enforcement Services Agreement between the City of Carpinteria and the County of Santa Barbara. (Requires a roll call vote.)

BACKGROUND
Since 1992, the City of Carpinteria has contracted with the Santa Barbara County Sheriff's Office ("SBSO") for law enforcement services. Such services are provided pursuant to a written agreement and include, but are not limited to, patrol functions, law enforcement support, traffic enforcement operations, and parking enforcement.

In June 2019, the City Council approved and authorized execution of the currently operative agreement for law enforcement services-i.e., the Agreement to Provide Law Enforcement Services by and between the County of Santa Barbara and the City of Carpinteria from July 1, 2019, through June 30, 2023 (the "Existing Agreement," attached hereto as Attachment A)
1 . The SBSO contracts with three other cities in the
County - Buellton, Goleta, and Solvang (collectively with the City of Carpinteria, the "Contract Cities") - under a nearly identical agreement in all respects except overall costs vary by each Contract City, respectively.
1 As further discussed below, the Existing Agreement was extended by Amendment No. 3 to the Existing Agreement and is currently operative.

Law Enforcement Services Agreement - Fiscal Years 23/24 through 26/27 September 25, 2023

Page 2 ends

Carpinteria City CouncilSeptember 25, 2023

Carpinteria City Council
September 25, 2023