housing developments starting June 1, 2025. It would also immediately update the City's outdated requirements for signage at tobacco retail locations to align with State law and make additional minor revisions or clarifications to the City's existing smoking regulations.
DISCUSSION
Smoke-Free Multi-Unit Housing
As of October 2023, 81 jurisdictions in California have passed laws prohibiting smoking in 100% of private units of rental multi-unit housing properties. Even in the absence of local laws, landlords can voluntarily prohibit smoking to protect tenants from secondhand smoke and to protect their property from damage caused by smoke. Landlords have the legal right to prohibit the smoking of cigarettes or other tobacco products anywhere on their property, including common areas, exterior areas, and individual units (California Civil Code Section 1947.5). Staff notes, for example, that all of the apartments owned and operated by People's Self Help Housing Corporation ("PSHHC") in Carpinteria are smoke free as PSHHC prohibits smoking on their properties. Additionally, Health and Safety Code Section 11362.3 specifies that State cannabis regulations do not permit a person to smoke cannabis products in locations where smoking tobacco is prohibited. Therefore, smoking cannabis products is also prohibited in multiunit residences where landlords have imposed a non-smoking rule.
Smoke-Free Common Areas
In many cases, indoor common areas like hallways, stairwells, lobbies, and laundry rooms are already required to be smoke-free under the California Smoke-Free Workplace Law (California Labor Code Section 6404.5) if there are employees on the premises, such as an on-site property manager or maintenance staff. The State law is enforced by local law enforcement agencies, including but not limited to, local health departments, and ultimately Cal/OSHA.
Unfortunately, because it is not always clear when an indoor common area falls under the legal definition of "place of employment," this law is not always enforced. Meanwhile, outdoor common areas (like backyards, gardens, shared porches, and pool areas) are generally not covered by state law. To protect residents from exposure to secondhand smoke in common areas, once again, landlords have discretion to prohibit smoking in all common areas, indoors and out.
Smoke-Free Units
Landlords can choose to make some or all units on their property smoke-free through appropriate provisions in tenants' leases. Studies
2 have shown that secondhand smoke can
seep under doorways and drift from one unit into another through cracks around plumbing fixtures, lighting fixtures, and electrical outlets. Therefore, the air quality in smoke-free units may still be affected if other units in the building allow smoking. Smoke-free unit policies can also apply to outdoor portions of units, including private patios and balconies.
Smoke-Free Buffer Zones
When landlords prohibit smoking on parts of their property, they can also establish smoke-free "buffer zones" to keep secondhand smoke from drifting into the nonsmoking areas. Landlords 2 https://www.cdc.gov/tobacco/secondhand-smoke/home.html N:\Project Files\2023 (2196-
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can create buffer zones by prohibiting smoking within a specific distance (typically 20 to 25 feet) of all entrances, doorways, or operable windows of a building, or any area where smoking is prohibited. Landlords who want to create designated smoking areas for their tenants who smoke should take care to locate them outside of the buffer zone. These type of landlord/tenant agreements or rules, are enforceable by landlords and tenants through private rig.
Local Government Regulation of Smoking in Multi-Unit Housing As of January 1, 2024, 82 municipalities in California have enacted laws that prohibit smoking in 100% of private units of both rental and owner-occupied multi-unit housing properties. In most cases (e.g., 70 of the 82 municipalities}, these laws apply to properties with two or more units. A comprehensive list of California jurisdictions that have adopted such regulations is included in Attachment B, and serves as the source for this information. Attachment C to this report provides additional details on how several of these jurisdictions apply their respective multi-unit housing smoking regulations.
Proposed Ordinance No. 778
Proposed Ordinance No. 778, included as Attachment A, revises CMC Chapter 8.52 (Smoking Regulations}, to prohibit smoking anywhere on the premises of a multi-unit residential property, including common areas and outdoor areas. It would insert new sections 8.52.080 (Smoking Prohibited in Multi-Unit Residences) and 8.52.090 (Requirements for Multi-Unit Residences), which detail the non-smoking regulations for all multi-unit residences. The definition of "smoking" would be amended to include cannabis and the usage of electronic smoking devices.
A "multi-unit residence" would be defined as a property with two or more units - not including mobile home parks, campgrounds, hotels, and motels. In fact, one discussion item for your Council might be whether or not mobile homes should be included in the definition of "multi-unit residence" and, therefore, included in the smoking prohibition 3 .
The proposed language prohibiting smoking in multi-unit residences includes an effective date of June 1, 2025. This phased-in approach would allow landlords and Homeowners Associations ("HOAs") a reasonable amount of time to implement the new regulations and communicate with tenants. The regulations include, but are not limited to, noticing requirements for prospective and current tenants and residents, disclosure requirements for the sale of multi-unit residences, on-site signage requirements, and the incorporation of a non-smoking clause into the lease or other rental agreement of a unit. No changes are proposed to places where smoking may be permitted, including in single-family dwellings and up to 25% of guest rooms in any hotel or motel.
City Code Compliance officers and peace officers may enforce these regulations. However, landlords and HOAs, or individuals, through private right of action, would be primarily responsible for enforcing these regulations. The proposed regulations would not, however, create a private right of action for a tenant against a landlord for any damages the tenant may 3 Many jurisdictions are silent on the issue of whether mobile home parks are included in their multi-unit smoking ban, but they often define multi-unit residence to require "contiguous units" or "shared" walls (See, e.g., Burlingame Municipal Code, Sec. 8.18.020 and Fresno Municipal Code, Sec. 10-2001 ), implicitly excluding mobile home parks and campgrounds from the smoking prohibition. Other jurisdictions expressly exclude mobile home parks from the definition of multi-unit residences. (See Sonoma, Concord, and Guadalupe.)
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suffer due to another tenant's breach of any smoking provision in a lease or other rental agreement, so long as the landlord has fully complied with the terms of CMC Sections 8.52.080 and 8.52.090.
Ordinance No. 778 would also update the City's regulations for signage displayed at tobacco retail locations. Currently, Section 8.52.250 (proposed to be re-numbered as Section 8.52.270) requires that any person, business, tobacco retailer, or owner, manager or operator of any establishment that sells tobacco products must post plainly visible signage indicating that the sale of tobacco products to people under 18 years of age is prohibited. State law changed in 2016 to raise the minimum age to purchase tobacco products to 21 years of age, and the City's signage requirements have not yet been updated to include this new age restriction. Thus, language in Section 8.52.270 was updated to reflect the requirements in State Business and Professions Code Section 22952.
POLICY CONSISTENCY
The City is a general law city with the authority to consider and implement new laws applicable to its jurisdiction that do not conflict with State law. Consideration of laws to protect public health, welfare and safety is within the purview of the City.
FINANCIAL CONSIDERATIONS
No Additional Funding Requested. Minimal staff time to prepare the report is included in the Adopted FY 2023-24 General Fund Budget. Involvement of Code Compliance in any enforcement related to the proposed Ordinance would fall under the general duties and adopted budget for the Community Development Department.
ENVIRONMENTAL REVIEW
Proposed Ordinance No. 778 would be exempt from review under the California Environmental Quality Act ("CEQA") in accordance with Public Resources Code Section 15060(c)(2), which applies where an activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3), which applies where an activity is not a "project" as defined in Section 15378 of the CEQA Guidelines; and Section 15061 (b)(3), which applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's Office has worked closely with staff in the development of Ordinance No. 778 and will be available to answer questions about the Ordinance.
OPTIONS
1. After reviewing Ordinance No. 778 and receiving public comments, direct staff to bring the Ordinance back for a first reading at the next Council Meeting.
2. Direct staff to make specified adjustments to Ordinance No. 778 and return to a future Council meeting with an amended Ordinance.
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Review of Proposed Ordinance No. 778
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PRINCIPAL PARTIES EXPECTED AT MEETING
Representatives from Future Leaders of America, potentially affected landlords, members of HOAs, and tenants and residents of multi-unit residential developments.
ATTACHMENTS
Attachment A - Proposed Ordinance No. 778 (edits shown) Attachment B - California Laws for 100% Smokefree Multi-Unit Housing Attachment C - Laws applied by other jurisdictions
Staff contact: Mindy Fogg, Principal Planner
(805) 755-4408, [email protected]
Signature
Reviewed by: Nick Bobroff, Community Development Director (805) 755-4407, [email protected]
Reviewed by: Michael Ramirez, City Manager
(805) 755-4400, [email protected]
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Attachment A.
Proposed Ordinance No. 778 (Edits Shown)
Multi-Unit Residential Smoking Regulations
March 11, 2024 City Council
ORDINANCE NO. 778
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, AMENDING IN ITS ENTIRETY CHAPTER 8.52 (SMOKING
REGULATIONS) OF THE CARPINTERIA MUNICIPAL CODE
WHEREAS, the City of Carpinteria (the "City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke
1 and the California Air Resources Board
identified secondhand smoke as a toxic air contaminant for which there is no safe level of exposure;2 and
WHEREAS, secondhand smoke is responsible for an estimated 34,000 heart disease-related and 7,300 lung cancer-related deaths among adult nonsmokers each year;
3 and
WHEREAS, in children, secondhand smoke causes ear infections, more frequent and severe asthma attacks, respiratory infections, and increases the risk of Sudden Infant Death Syndrome (SIDS); and
WHEREAS, several studies indicate that secondhand cannabis smoke has been identified as a health hazard. This finding is supported by the following objective studies:
• The California Environmental Protection Agency includes cannabis smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer; 4 • Cannabis smoke contains at least 33 known carcinogens; 5 1 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health (2006) available at:
https://www.ncbi.nlm.nih.gov/books/NBK44324/pdf/Bookshelf NBK44324.pdf (accessed February 28, 2024). 2 Air Resources Board, California Environmental Protection Agency. Frequently Asked Questions - Environmental Tobacco Smoke, available at: https://ww2.arb.ca.gov/our-work/programs/environmental-tobacco-smokeidentified-toxic-air-contaminant (accessed February 28, 2024). 3 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at: https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf NBK179276.pdf (accessed February 28, 2024).
4 California Environmental Protection Agency. Evidence on the Carcinogenicity of Cannabis Smoke. Sacramento, CA:
California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, Reproductive and Cancer Hazard Branch (2009) available at: https://oehha.ca.gov/media/downloads/proposition65/chemicals/finalmjsmokehid.pdf (accessed February 28, 2024). 5 Id.
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• In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible levels of cannabinoids in non-smoker participants' blood and urine, and participants experienced minor increases in heart rate and impaired cognitive performance;
6 • A recent systematic review of the literature concluded that secondhand exposure to cannabis smoke leads to cannabinoid metabolites in bodily fluids and individuals experiencing self-reported psychoactive effects;' and WHEREAS, in addition to secondhand smoke from tobacco products and cannabis, exposure to electronic smoking device aerosol may be considered a health hazard and has immediate impacts on the human respiratory and cardiovascular system, posing a risk to human health, as evidenced by the following:
• Research has found at least twelve chemicals in electronic smoking device aerosol known to the State of California to cause cancer, birth defects, or other reproductive harm,
8 such as formaldehyde,
acetaldehyde, lead, nickel, chromium, arsenic, and toluene; 9 • Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke.'?
• Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and poses a risk to human health:" '
• Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure 6 Herrmann, ES, Cone, EJ, Mitchell, JM, et al. Non-Smoker Exposure to Secondhand Cannabis Smoke II: Effect of Room Ventilation on the Physiological, Subjective, and Behavioral/Cognitive Effects. Drug Alcohol Depend. (2015) 151:194-202. Doi: 10.1016/j.drugalcdep.2015.03.019, available at https://www.sciencedirect.com/science/article/abs/pii/S037687161500160X?via%3Dihub. 7 Holitzki H, Dowsett LE, Spackman E, Noseworthy T, Clement F. Health effects of exposure to second- and thirdhand marijuana smoke: a systematic review. CMAJ Open. 2017;5(4):E814-E822. doi:10.9778/cmajo.20170112. 8 Office of Environmental Health Hazard Assessment, California Environmental Protection Agency, The Proposition 65 list. https://oehha.ca.gov/proposition-65/proposition-65-list (accessedFebruary 28, 2024); California Tobacco Control Program, California Department of Public Health. State Health Officer's Report on £-Cigarettes: A Community Health Threat (2015) available at: www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/ CDPH%20Document%20Library/Policy/ElectronicSmokingDevices/StateHealthEcigReport.pdf; National Academies of Sciences, Engineering, and Medicine. Public Health Consequences of £-Cigarettes (2018) Washington, DC: The National Academies Press available at: https://www.nap.edu/catalog/24952/public-health-consequences-of-ecigarettes 9 Fowles J, Barreau T, Wu N. Cancer and Non-Cancer Risk Concerns from Metals in Electronic Cigarette Liquids and Aerosols. Int J Environ Res Public Health (2020) 17(6):2146. doi: 10.3390/ijerph17062146. 10 Public Health Consequences of £-Cigarettes, supra.
n 1d.
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resulting in addiction and other harmful consequences is a serious concern·
12 '
• Indoor air experts and health authorities, including the U.S. Surgeon General, American Society of Heating Refrigerating and Air Conditioning Engineers, and the State of California Tobacco Education and Research Oversight Committee (TEROC), all support inclusion of electronic smoking devices in regulations of smoking and other tobacco product use; 13 and
WHEREAS, research demonstrates that secondhand smoke in multi-unit residences or common interest developments can and does transfer between units, creeping under doorways and through wall cracks;
14 and
WHEREAS, the U.S. Surgeon General has concluded that eliminating smoking in indoor spaces is the only way to fully protect nonsmokers from secondhand smoke exposure; and that separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely prevent secondhand smoke exposure; 15 and
WHEREAS, several studies have confirmed that smoke-free multi-unit residence policies are an effective method to reduce secondhand smoke exposure in multi-unit residences; and
WHEREAS, secondhand smoke in multi-unit residences is a significant threat to the health and safety of California children;
16 and
WHEREAS, research consistently demonstrates that a majority of tenants in multi-unit residences, including a large portion of smokers, supports smoke-free policies in multi-unit residences, and that support is even greater among residents with children; and
WHEREAS, 100 California cities and counties have adopted smoke-free multiunit residence ordinances; 17 and
WHEREAS, there is no Constitutional right to smoke; and 12 /d.
13 U.S. Department of Health and Human Services. £-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. (2016) available at: https://www.ncbi.nlm.nih.gov/books/NBK538680/ 14 DiGiacomo SI, Jazayeri MA, Barua RS, Ambrose JA. Environmental Tobacco Smoke and Cardiovascular Disease, Int J Environ Res Public Health (2018) 16(1):96. doi: 10.3390/ijerph16010096. 15 The Health Consequences of Involuntary Exposure to Tobacco Smoke. A Report of the Surgeon General (2006) supra.
16 Centers for Disease Control and Prevention (CDC). CDC Vital Signs - Secondhand Smoke: An Unequal Danger. (February 2015) available at: www.cdc.gov/vitalsigns/pdf/2015-02-vitalsigns.pdf (accessed April 10, 2023). 17 American Nonsmoker's Rights Foundation, U.S. Laws for 100% Smokefree Multi-Unit Housing (January 1,2024) available at http://no-smoke.org/wp-content/uploads/pdf/smokefreemuh.pdf. 27633362.1
WHEREAS, California law declares that anything which is injurious to health or obstructs the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance; and
WHEREAS, there are significant savings from adopting a smoke-free multi-unit housing policy, as evidenced by the following:
• Prior to implementation, the U.S. Department of Housing and Urban Development's smoke-free public housing policy was conservatively estimated to produce an annual savings of 4 to 8 million dollars a year for U.S. public housing authorities in renovation-related costs, 18 and 30 to 109
million dollars per year in health care costs in California alone; 19 • Implementing statewide smoke-free policies in multi-unit housing properties would save property owners in California an estimated $18.1 million in renovation expenses each year;
20 and
WHEREAS, local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance; and
WHEREAS, State law allows local governments to adopt ordinances that permit residential rental agreements to prohibit smoking tobacco products within rental units; and
WHEREAS, State law prohibits smoking within 25 feet of playgrounds as well as within 20 feet of government buildings and expressly authorizes local communities to enact additional restrictions; and
WHEREAS, California Business and Professions Code section 22952 raised the minimum age limit to purchase tobacco or tobacco-related products to 21 years of age in California; and
WHEREAS, California Business and Professions Code section 22952(b) establishes that retailers of tobacco products are required to post conspicuously, at each point of purchase, notices with specific requirements; and WHEREAS, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-smokers, especially children; to protect the public from exposure to secondhand smoke where they live, work, and play; and to protect the public from nonconsensual exposure to secondhand smoke in and around their homes, the City desires to amend Chapter 8.52 of Title 8 of the 18 McFarlane A, Djoko Y, Woodward A. Instituting Smoke-Free Public Housing: An Economic Analysis, Cityscape, 2017;19(3):435-448. Available at: https://www.huduser.gov/portal/periodicals/cityscpe/vol19num3/ch24.pdf. 19 King BA, Peck RM, Babb SD. National and State Cost Savings Associated with Prohibiting Smoking in Subsidized and Public Housing in the United States, Prev Chronic Dis. 2014;11:E171. doi: 10.5888/pcdll.140222. 20 Ong MK, Diamant AL, Zhou Q, Park HY, Kaplan RM. Estimates of smoking-related property costs in California multiunit housing, Am J Public Health, 2012; 102(3):490-493. doi:10.2105/AJPH.2011.300170. 27633362.1
Carpinteria Municipal Code ("Smoking Regulations") in its entirety, particularly to prohibit smoking, including tobacco, cannabis, and electronic smoking device vapor or aerosol, in multi-unit residences, including apartments, owner-occupied multi-unit housing and common interest developments, such as condominiums, and to implement the signage requirements of California Business and Professions Code section 22952.
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
Chapter 8.52 of the Carpinteria Municipal Code should be revised to read as follows (proposed new text is shown in underline and text to be deleted is shown in strikeout):
Chapter 8.52- Smoking Regulations
8.52.010 Title.
The regulations contained in this chapter may be known and referred to as the "smoking regulation code."
8.52.020 Purpose.
This chapter is enacted with the specific intent to:
A. Prohibit smoking in certain public places not preempted by California Labor Code Section 6404.5, which provides further smoking regulations; B. Protect the public health, safety and general welfare by prohibiting smoking in certain public places under circumstances where other persons will be exposed to secondhand smoke;
C. Ensure a cleaner and more hygienic environment for the City, its residents, and its natural resources, including its creeks and streams; D. Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including residents and visitors, particularly children, to breathe smoke-free air, recognizing the threat to public health and the environment which smoking causes;
E. Regulate the manner in which tobacco products are sold; and F. Designate the enforcing agency mechanism for this chapter and for Labor Code Section 6404.5.
27633362.1
8.52.030 Definitions
The following definitions shall govern construction of this chapter unless the context clearly requires other.vise indicated otherwise. For purposes of this chapter, these definitions shall supersede the same terms that are defined elsewhere in this Code. "Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of a violation of this chapter, is not an "arm's length transaction."
"Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
"Business" means any sole proprietorship, partnership, joint venture, corporation, association or other entity formed for profit-making purposes or that has an employee. "Cannabis" has the meaning set forth in California Health and Safety Code Section 11018, as that section may be amended from time to time. "Common area" means every area of a multi-unit residence that residents of more than one unit are entitled to enter or use, including, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
"Common interest development" means any of the following:
1. A community apartment project as defined in Section 4105 of the Civil Code.
2. A condominium project as defined in Section 783 of the Civil Code.
3. A planned development as defined in Section 6562 of the Civil Code.
4. A stock cooperative as defined in Section 11003.2 of the Business and Professions Code.
"Code compliance officer" means the city code compliance officer or duly authorized designee of the city code compliance officer.
"Dining area" means any area available to or customarily used by the general public that is designed, established or regularly used for consuming food or drink. "Electronic smoking device" means an electronic and/or battery-operated device which can be used to deliver an inhaled dose of nicotine or other substances, including any 27633362.1
component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes, but is not limited to, any device manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other similar product name or descriptor.
"Employee" means any person who is employed or retained as an independent contractor by any employer as defined in this section; or any person who volunteers his or her services for an employer, association, nonprofit or volunteer entity. "Employer" means any person, partnership, corporation, association, nonprofit or other entity that employs or retains the service of one or more persons, or supervises volunteers.
"Enclosed" means:
1. Any covered or partially covered space having more than fifty percent (50%) of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or
2. Any space open to the sky (hereinafter "uncovered") having more than seventyfive (75) percent of its perimeter area walled in or otherwise closed to the outside, such as, for example, a courtyard.
"Health officer" means the county health officer or the duly authorized designee of the county health officer.
"Landlord" means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multi-unit residence that is leased to a residential tenant. For purposes of this chapter, a tenant who sublets their unit (e.g., a sublessor) is not a landlord.
"Licensing Agent" means the Carpinteria City Community Development Director. "Multi-unit residence" means property containing two (2) or more units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities. The following are not included in the definition of a multi-unit residence:
(1) a mobile home park;
(2) a campground;
(3) a hotel or motel that meets the requirements of California Civil Code section 1940(b)(2);
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(4) a one-family dwelling, as defined in Section 14.08.200 of this Code, except if used as a health care facility subject to licensing requirements; and (5) a one-family dwelling, as defined in Section 14.08.200 of this Code, with an accessory dwelling unit or junior accessory dwelling unit, as defined in Section
14.72.020 of this Code, except if the one-family dwelling, accessory dwelling unit, or junior accessory dwelling unit is used as a health care facility subject to licensing requirements.
"Nonprofit entity" means any entity that meets the requirements of California Corporations Code Section section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section.
"Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place of employment" means any area under the legal or de facto control of an employer, business or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses and private residences that are used as childcare or healthcare facilities subject to licensing requirements.
"Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on city property.
"Premises" means a ·lot or contiguous lots and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same person or are under common control.
"Present" means within a reasonable distance.
"Public place" means any public or private place open to the general public regardless of any fee or age requirement, including, for example, streets, sidewalks, parking lots, parking garages, plazas, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis and buses. For the purposes of the provisions of this chapter, a "public place" 27633362.1
does not mean a private residence except for (a) residences used as a child care, health care, board and care, or community foster care facility as such terms are defined by the state Health and Safety Code or (b) the common areas of multi-unit residences family dv.iellings, such as apartment buildings and condominiums. "Reasonable distance" means the greatest distance practicable that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall generally be twenty (20) feet, with a minimum distance of five (5) feet.
"Recreational area" means any public or private area open to the public for recreational purposes whether or not any fee for admission is charged, including without limitation, parks, trails, gardens, sporting facilities, stadiums and playgrounds. "Unit" means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. "Unit" includes, but is not limited to, an apartment; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent.
"Restaurant" means any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria, eating establishment, boardinghouse or guest house or similar establishment which gives or offers for sale food or drink to the public.
"Secondhand smoke" means smoke that is generated from the burning end of a lighted tobacco, weed or plant product, or smoke that is exhaled by a smoker after inhaling or ingesting a lit tobacco, weed or plant product, or the aerosolized or vaporized substance that is exhaled by a smoker after inhaling an "electronic smoking device." "Self-service display" means an open display of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of an employee.
"Service area" means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place or make a transaction whether or not such service includes the exchange of money including, for example, ATMs, bank teller windows, telephones, ticket lines, bus stops, taxi stands and takeout counters.
"Smoking" or to "smoke" means possessing or to possess a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or 27633362.1
plant (including but not limited to, a pipe, a hookah pipe, cigar, or cigarette of any kind).
1. inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, except when the combusting or vaporizing material containing no tobacco, nicotine, or cannabis and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense;
2. carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or
3. using an "electronic smoking device."
"Sports arena" means an outdoor or nonenclosed sports pavilion, stadium, swimming pool, roller rink, or other similar place where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events, including the concession stand areas thereof. "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, e-liquids, and any other item designed for smoking, preparation, storing or consumption of tobacco products.
"Tobacco product" means any substance containing tobacco leaf, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things.
This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Tobacco retailer license" or "license" shall mean a business license that permits the retail sale of tobacco products and/or tobacco paraphernalia. "Tobacco vending machine" means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, bills, trade checks, slugs or other form of legal tender or consideration. "Unenclosed area" means any area which is not enclosed. "Vendor-assisted" means that only a store employee has access to the tobacco product and assists a customer by supplying the product. The customer does not take 27633362.1
possession of the product until it is purchased.
8.52.040 Secondhand Smoke Generally
For all purposes within the jurisdiction of the city, the nonconsensual exposure to secondhand smoke and the uninvited presence of secondhand smoke on property in violation of this chapter shall constitute a nuisance, as is further described by Chapter
9. 70 of this the Carpinteria Municipal Code.
8.52.050 Public and Other Places Where Smoking Shall Be Prohibited Except as otherwise provided by this chapter or by state or federal law, smoking shall be prohibited everywhere in the city, including but not limited to:
A. Public places;
B. Residences used as a child care, health care, board and care, or community foster care facility as such terms are defined by the state Health and Safety Code;
C. Common areas of multi-unit residences family dwellings, such as apartment buildings and condominiums;
D. Effective June 1, 2025, anywhere on the premises of a multi-unit residence, including inside multi-unit residence units, common areas, and other outdoor areas.
E. Places of employment;
F. Enclosed and unenclosed places of hotels, businesses, restaurants, bars and other public accommodations;
G. Buses or other means of public transit, and ticket, boarding and waiting areas of public transit depots and bus stops, enclosed or not;
8.52.060 Places Where Smoking May Be Permitted
Except where prohibited by state or federal law, and GF-by Chapter 12.24 .021 (A)
12.24.020.21A of this the Municipal Code for public parks and beaches, smoking may be permitted in the following locations within the city notwithstanding Section 8.52.050:
A. Private residential properties One-family dwellings as defined at Chapter
14.08.200 of the Municipal Code. This chapter does not preclude private regulation of smoking on private residential properties at one family dwellings; B. In up to twenty-five (25) percent of guest rooms in any hotel or motel, if the hotel or motel permanently designates at least seventy five (75) percent of its guest rooms as nonsmoking rooms, appropriately signs nonsmoking rooms and permanently removes ashtrays and matches from them. Smoking rooms shall 27633362.1
1 I
be segregated from nonsmoking rooms on separate floors, wings or portions of either; smoking and nonsmoking rooms shall not be interspersed. Nothing in this chapter shall require a hotel or motel to provide smoking rooms and the owner or operator of a hotel or motel may choose to prohibit smoking throughout the property.
C. Designated smoking areas on private property provided that all of the following conditions are met:
1. The area is located the greatest-distance practicable from:
a. any doorway or opening into an enclosed area;
b. any access way to a public place; and
c. The distance shall generally be twenty feet, with a minimum distance of five feet;
2. The area has a clearly marked perimeter;
3. The area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area pursuant to section 8.52.090 8.52.110 of this code;
4. Smoke is not permitted to enter adjacent areas in which smoking is prohibited by this chapter, other law or by the owner, lessee or licensee of the adjacent property;
5. Appropriate ash can(s) are placed in the smoking area and are maintained regularly by the owner, operator or manager of the smoking area;
6. No consistent complaints of secondhand smoke are filed with the city; and
7. The area is well lit.
D. Designated smoking areas (DSAs) on public property approved by the city council and developed and maintained as such by the city. Prior to creating a DSA, the city council shall make a finding that the DSA is consistent with the purposes of this chapter;
E. Smoking areas at public events which have been approved as part of ~tRe Special Event Permit or Temporary Use Permit issued by the city.
F. Inside a private vehicle automobile when no minor GA-H€1-is present.
G. Any unenclosed area in which no nonsmoker is present and, due to the time of 27633362.1
day or other factors, it is not reasonable to expect another person to arrive
8.52.070 Modifications of Designated Smoking Area (DSA) The city reserves the right to prohibit or require modifications to a DSA at a certain location if it undermines the purposes of this chapter.
8.52.080 Smoking Prohibited in Multi-Unit Residences
A. Effective June 1, 2025, smoking is prohibited in all units and common areas of multi-unit residences.
B. All common areas of multi-unit residences shall have signage indicating that smoking is prohibited consistent with the sign requirements of Section 8.52.110.
C. If the City receives a complaint of a violation of subdivision A, it may issue a notice to the person(s) responsible, informing them of the requirements of this Chapter. The tenant(s) of a unit, or owner-occupant(s) of an owner-occupied unit, shall be deemed the person(s) responsible for the violation where the violation was caused by the tenant(s) or owner-occupant(s) of the unit, or one or more persons subject to the control of, or present by invitation or permission of, the tenant(s) or owner-occupant(s).
D. Sales contracts for condominiums entered into on or after June 1, 2025 shall disclose the requirements of this Chapter.
E. Any person may bring a civil action to enforce this Section to prevent future violations and may sue to recover actual or statutory damages, including court costs, and attorney's fees. However, this Chapter does not create a private right of action for a tenant against a landlord for any damages the tenant may suffer due to another tenant's breach of any smoking provision in a lease or other rental agreement, so long as the landlord has fully complied with the terms of this Section and Section 8.52.090.
8.52.090 Requirements for Multi-Unit Residences
A. As of June 1, 2025, the landlord or association shall deliver to each unit of a multi-unit residence, a copy of this Chapter and a written notice clearly stating:
1. As of June 1, 2025, all units are designated nonsmoking units and smoking is prohibited in a unit, including any associated private balcony, porch, deck, or patio.
2. Smoking in all common areas or outdoor areas, except for specifically designated smoking areas, is a violation of this Chapter.
B. Every landlord or association shall provide prospective tenants, and/or 27633362.1
prospective buyers of units, written notice clearly stating that:
1. As of June 1, 2025, Smoking is prohibited in units, including any associated private balcony, porch, deck, or patio; and (2) smoking is prohibited in all common areas and outdoor areas, except for specifically designated smoking areas.
C. Every seller of a unit in a common interest development shall provide prospective buyers or renters a copy of this Chapter and written notice clearly stating that:
1. As of June 1, 2025, smoking is prohibited in units, including any associated private balcony, porch, deck, or patio; and (2) smoking is prohibited in all common areas and outdoor areas, except for specifically designated smoking areas.
D. As of June 1, 2025, every lease or other rental agreement for the initial occupancy of a new or existing unit in a multi-unit residence shall include a clause providing that it is a material breach of the lease or other rental agreement for the tenant, or any other person subject to the control of the tenant or present by invitation or permission of the tenant, to engage in smoking in any unit of the multi-unit residence or any common area of the multi-unit residence, other than a designated smoking area.
E. As of June 1, 2025, every existing lease or rental agreement whether it be renewed, or continued month-to-month, shall be amended to include a clause that it is a material breach of the lease or other rental agreement for the tenant, or any other person subject to the control of the tenant or present by invitation or permission of the tenant, to engage in smoking in any unit of the multi-unit residence or any common area of the multi-unit residence, other than a designated smoking area.
F. As of June 1, 2025, the person or persons with legal control over common areas shall post and maintain clear and unambiguous "No Smoking" signs at entrances and exits, in common areas, and in conspicuous places adjoining the property grounds. In addition, as of June 1, 2025, the person or persons with legal control over the multi-unit residences shall post and maintain signs in sufficient numbers and locations to indicate that smoking is prohibited in all units. The absence of signs shall not be a defense to a violation of any provision of this Chapter. "No Smoking" signs are not required inside or on doorways of units.
G. Landlords or associations with knowledge of violations shall take reasonable steps to investigate and enforce the regulations, including a written notice to the resident of the knowledge of the violation, a request to cease the violation, and the course of action to be taken if the violation is not corrected. 27633362.1
8.62.080 8.52.100 Allowing, Aiding or Abetting Smoking
A. No person, employer, business or nonprofit entity shall knowingly permit smoking in an area under his, her or its legal or de facto control in which smoking is prohibited by this Chapter or other law.
B. Except as provided in Section 8.52.100.A 8.52.120 of this code, no person, employer, business or nonprofit entity shall allow the placement or maintenance of a receptacle for smoking waste in an area under his, her or its legal or de facto control in which smoking is prohibited by this chapter or other law, provided however, that a receptacle may be placed at the entry to a nonsmoking area, along with a "No Smoking" sign, in order to encourage any smokers in violation of this chapter to immediately extinguish and properly dispose of smoking materials."
C. No person shall intimidate, threaten, effect a reprisal or retaliate against another person who seeks to attain compliance with one or more of this chapter's provisions.
8.62.090 8.52.110 Signs
Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this Chapter.
A. "No Smoking" or "Smoke Free" signs, with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or any alternative signage approved by the Community Development Director may be conspicuously posted by the person, employer, business or nonprofit entity who or which has legal or de facto control of such place at each entrance to a public place in which smoking is prohibited by this chapter or any other place where the City Manager reasonably determines that smoking in violation of this chapter has occurred, or is likely to occur.
B. Within designated smoking areas, one or more conspicuously displayed sign(s) shall be posted identifying the area as such. Signs shall adhere to the following requirements: a smokers' outpost pursuant to section 8.52.060.B of this code signs with arrows directing the public to the designated smoking area may be allowed; signs shall be no smaller than three .Ql inches high and eight @}_inches long with a pictorial representation of a burning cigarette; signs shall contain "Designated Smoking Area" or similar and shall be posted prominently between five .(fil feet and seven ill feet above the floor or ground; and all signs are subject to approval by the Community Development Director at his or her discretion.
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C. Every hotel and motel shall have signs posted conspicuously in the registration and lobby areas which state that nonsmoking rooms are maintained and may be available; rooms designated as being nonsmoking shall have signs announcing such restriction conspicuously placed inside the room.
D. No person shall alter, deface, obscure, remove or destroy a sign or placard that this chapter authorizes.
8.52.100 8.52.120 Smoking Waste
Except for disposal of smoking waste in a smoking waste receptacle, no person shall dispose of smoking waste: (1) in or upon a public street or sidewalk; (2) in an area in which smoking is prohibited by this sChapter or other law; or (3) in any area a reasonable distance therefrom.
8.52.110 8.52.130 Requirement for Tobacco Retailer License It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailer licenses are valid for one year. An application to renew a tobacco retailer license shall be submitted prior to the expiration of the license.
8.52.120 8.52.140 Tobacco Retailers must operate at a Fixed Location No tobacco retailer license may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.
8.52.130 8.52.150 Prohibition of Tobacco Retailing within Certain Areas of the City
No tobacco retailer license may be issued to authorize a tobacco retailer in the areas of the city described in Sections 14.20.075 and 14.22.070 of this Code.
8.52.140 8.52.160 Application Procedure
A. An application for a tobacco retailer license, plus one copy shall be submitted to the licensing agent in the name of the person proposing to conduct tobacco retailing and shall be signed by such person or an authorized agent thereof.
It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license. No proprietor may rely on the issuance of a license as a determination by the City of Carpinteria or County of Santa Barbara that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 8.52.240 8.52.260 of this sChapter. Nothing in this sChapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's 27633362.1
license any status or right to act as a tobacco retailer in contravention of any provision of law.
All applications shall be submitted on a form supplied by the city and shall contain the following information:
1. The name, address, and telephone number of each proprietor of the business seeking a license.
2. The business name, address, and telephone number of the single fixed location for which a license is sought.
3. A single name, mailing address and email address authorized by each proprietor to receive all communications and notices (the "Authorized Address") required by, authorized by, or convenient to the enforcement of this chapter. If an Authorized Address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above.
4. Proof that the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization.
5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter or any other local and state laws, rules and regulations related to tobacco retailing and, if so, the dates and locations of all such violations within the previous five years.
B. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the laws' exemptions.
8.52.150 8.52.170 Issuance of Tobacco Retailer License
A. Within thirty days of the licensing agent's receipt of an application for a tobacco retailer license, the licensing agent shall issue a license, unless it has been determined by the Public Health Department that the issuance of the license should be denied, based on the following criteria:
1. The information presented in the application is incomplete, inaccurate or false; or
2. The application seeks authorization for tobacco retailing by a person or at a location for which a suspension is in effect pursuant to Section 8.52.240
8.52.260 of this chapter; or
3. The application seeks authorization for tobacco retailing in an area that is in violation of Sections 14.20.075 and 14.22.070 of this Code. 27633362.1
4. The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), that is unlawful pursuant to this code, or that is unlawful pursuant to any other law.
B. A denial of a tobacco retailer license may be appealed pursuant to Section
8.52.240 8.52.260 of this chapter.
C. A licensed tobacco retailer shall inform the licensing agent in writing of any change in the information submitted on an application for a tobacco retailer's license within ten (10) business days of a change.
D. The licensing agent shall keep a permanent record of all tobacco retailer licenses issued, but may destroy such records as provided by law with the approval of the City Council.
8.52.160 8.52.180 Display of Tobacco Retailer License
Each licensee shall prominently display the tobacco retailer license at each location where tobacco retailing occurs.
8.52.170 8.52.190 Fees for Tobacco Retailer License
A. The initial or renewal fee for a tobacco retailer license shall be $379 per year pursuant to Resolution 12-288 adopting the Tobacco Retailer License Fee Schedule for Incorporated Areas of Santa Barbara County passed and approved by the County of Santa Barbara Board of Supervisors on December 11, 2012, subject to subsequent amendments by the County Board of Supervisors. The fee shall be paid to the licensing agent when a tobacco retailer license application is submitted.
B. Renewal. Renewal fees, paid to the licensing agent, are due the first business day after the date of expiration of a tobacco retailer license. A tobacco retailer will be allowed a thirty day grace period to pay the renewal fee if the renewal fee has not been paid by the end of the grace period, a penalty of fifty percent of the renewal fee shall be added to the renewal fee. If the renewal fee and any applicable late penalty are not paid within ninety days after the date of expiration of a tobacco retailer license, then the licensing agent shall automatically revoke the license. Thereafter, if the licensee desires to resume tobacco retailing, a new license application must be submitted to the licensing agent in accordance with Section 8.52.140 8.52.160, along with the license fee and late penalty
8.52.180 8.52.200 Tobacco Retailer Licenses Are Nontransferable A. A tobacco retailer license is nontransferable. If a person to whom a tobacco retailer license has been issued, changes the business location or sells the business, then that person must obtain a new license prior to acting as a tobacco retailer at the new location, or the buyer of the business must obtain a license in the buyer's name before acting as a tobacco retailer.
27633362.1
B. Prior violations at a location shall continue to be counted against a location and license suspension periods shall continue to apply to a location unless:
1. The location is being or has been fully transferred to a new owner; and
2. The new owner(s) provide the licensing agent with clear and convincing evidence that the new owner(s) is acquiring or has acquired the location in an arm's length transaction.
8.52.190 8.52.210 License Conveys a Limited Conditional Privilege Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City of Carpinteria identified on the face of the license. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. Obtaining a tobacco retailer license does not make the retailer a "retailer wholesale tobacco shop" for the purposes of California Labor Code Section 6404.5.
8.52.200 8.52.220 Positive Identification Requirements for Sale of Tobacco Products and Tobacco Paraphernalia
No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twentyoneseven, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess tobacco products or tobacco paraphernalia.
8.52.210 8.52.230 Minimum Age for Persons Selling Tobacco Products and Tobacco Paraphernalia
No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products or tobacco paraphernalia shall engage in tobacco retailing.
8.52.220 8.52.240 False and Misleading Advertising Prohibited A tobacco retailer without a valid tobacco retailer license, including for example, a tobacco retailer license that has been suspended or revoked, shall not display any advertisement promoting the sale or distribution of tobacco products or tobacco paraphernalia at the tobacco retailer's location and shall keep all such products out of public view.
8.52.230 8.52.250 Compliance Monitoring
A. Compliance with the tobacco retailer license provisions of this chapter shall be primarily enforced by the Santa Barbara County Sheriff, in conjunction with the Public Health Department. However, any peace officer may enforce the penal provisions of this chapter.
27633362.1
B. The Sheriff will check the compliance of each tobacco retailer one to three times per twelve-month period. However, the Sheriff may check the compliance of a tobacco retailer more or less often, depending on a tobacco retailer's compliance history. Nothing in this paragraph shall create a right of action for any tobacco retailer or other person, against the city, county or its agents.
8.52.240 8.52.260 Revocation or Suspension of Tobacco Retailer License and Appeals
A. Grounds for Revocation or Suspension.
1 . A tobacco retailer license shall be revoked if the Public Health Department finds that one or more of the basis for denial of a license under Section
8.52.150 8.52.170 of this chapter exists. The revocation shall be without prejudice to the filing of a new application for a license following correction of the conditions that required revocation of the license.
2. A tobacco retailer license shall be suspended under this section if the Public Health Department finds that the licensee or his or her agent or employee has violated any federal, state or local law governing the sale, distribution, advertisement or display of tobacco, tobacco products or tobacco paraphernalia, including, but not limited to: Penal Code Section 308a, Business and Professions Code Sections 22950 et seq. (Stop Tobacco Access to Kids Enforcement Act "STAKE Act") or Sections 8.52.260 8.52.280,
8.52.270 8.52.290 and 8.52.280 8.52.300 of this code, or Business and Professions Code Section 25612.5(c)(7).
3. The Public Health Department shall give notice of revocation or suspension to a licensee by personal service or by certified mail return receipt requested, addressed to where the license was issued. The notice of revocation or suspension shall be effective when notice is personally served, or when the certified mail return receipt is returned to the Public Health Department. If the licensee fails to file a timely appeal of the suspension or revocation pursuant to this section, the notice of suspension or revocation shall be final, subject only to judicial review.
B. Suspension of Tobacco Retailer License. If the Public Health Department finds that there are grounds for suspension of a tobacco retailer license, the following sanctions shall be imposed:
1. Upon a first finding by the Public Health Department of a violation of this chapter by a licensee or by any agent or employee of a licensee within any five-year period, the license shall be suspended for thirty days.
2. Upon the second finding by the Public Health Department of a violation of this chapter by a licensee or by any agent or employee of a licensee within any 27633362.1
five-year period, the license shall be suspended for ninety days.
3. Upon the third or subsequent finding by the Public Health Department of a violation of this chapter by a licensee or by any agent or employee of a licensee within any five-year period, the license shall be suspended for twelve months. However, if the licensee is operating within one thousand feet of a school pursuant to Section 8.52.130 8.52.150 of this chapter, upon the third finding by the Public Health Department of a violation by a licensee or by any agent or employee of a licensee within any five-year period the tobacco retailer license may be permanently revoked by the City Council at a public hearing.
C. Appeal of Denial, Revocation and/or Suspension. The decision of the licensing agent to deny the issuance of a tobacco retailer license or the decision of the Public Health Department to revoke or suspend a license can be appealed to the health officer or his/her designee. All appeals must be in writing and filed with the health officer, Santa Barbara County Public Health Department, 300 North San Antonio Road, Santa Barbara, CA 93110-1316 within ten days of receipt of notice of denial, or within ten days of the effective date of the notice of revocation or suspension of a tobacco retailer license. The health officer shall set an appeal hearing at the earliest practicable time and shall give written notice of the hearing to the parties at least ten days before the date of the hearing. At the hearing any relevant evidence shall be admitted. Within a reasonable time after the conclusion of the hearing, the health officer shall make a written decision. An appeal shall stay all proceedings until the appeal is resolved. Any decision rendered by the health officer shall be a final administrative decision.
D. Settlement in Lieu of Appeal Hearing. For a first or second alleged violation of this chapter within any five-year period, the health officer or his designee may engage in settlement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter, provided that a timely appeal has been filed. Settlements shall not be confidential.
1. After a first alleged violation, any settlement must contain the following minimum terms:
a. Suspension of the tobacco retailer license for at least fifteen days; b. A settlement payment to the public health department of at least one thousand dollars; and
c. An admission by the licensee that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.
2. After a second alleged violation, any settlement must contain the following 27633362.1
minimum terms:
a. Suspension of the tobacco retailer license for at least forty-five days; b. A settlement payment to the public health department of at least five thousand dollars; and
c. An admission by the licensee that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.
8.52.250 8.52.270 Minors-Posting of signs
Any person, business, tobacco retailer, or owner, manager or operator of any establishment that sells tobacco products shall post plainly visible signs at the point of purchase of tobacco products which state:
"SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF /\GE IS PROHIBITED BY L/\'N. PHOTO I.D. REQUIRED"
"The Sale of Tobacco Products to Persons Under 21 Years of Age is Prohibited by Law and Subject to Penalties. To Report an Unlawful Tobacco Sale, Call 1-800-5 ASK-4-ID.
Valid identification may be required."
Signs must meet the requirements of state law under California Business and Professions Code section 22952. The letters of said signs must be at least one half inch high readable by the consumer and must not be altered, covered, or obliterated in whole or in part.
8.52.260 8.52.280 Sale and distribution of tobacco products It is unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for sale or display for purposes of sale by means of self-service displays or by any means other than vendor-assisted sales, any tobacco products other than cartons of cigarettes, multi-container packages of smokeless tobacco and cigars and pipe tobacco.
Cartons of cigarettes, multi-container packages of smokeless tobacco, and cigars and pipe tobacco may be sold by means of self-service merchandising only when these products are under direct surveillance of a store employee. Tobacco products shall be deemed to be under direct surveillance of an employee only if the tobacco products themselves (and not just the racks, shelves, kiosks, etc., where the products are displayed) are in plain view of the store employee.
8.52.270 8.52.290 Vending machines.
No person, business, tobacco retailer or other establishment located within the city shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance, or use of, on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. Any tobacco vending machine in use on the effective date of the ordinance codified in this chapter shall be removed 1.vithin thirty 27633362.1
days after the eff€ctive date of the ordinance codified in this chapter. This provision shall not apply to vending machines which are located in bars, provided that such vending machines in bars must be located at least twenty-five (25) feet from any entry into the bar.
8.52.280 8.52.300 Out-of-package sales.
No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.
8.52.290 8.52.310 Enforcement.
The code compliance officer, or any peace officer in cooperation 1.vith the county health officer of the County of Santa Barbara, shall may enforce and implement the provisions of this chapter., the provisions of CMG 4 .24 .021 and the provisions of Labor Code Section 6404.5.
8.52.300 8.52.320 Citizen complaints.
Any citizen who desires to register a complaint under the provisions of this chapter may request the code compliance officer to initiate enforcement. However, for complaints regarding violations of Section 8.52.080 (Smoking Prohibited in Multi-Unit Residences), the sole remedy shall be as described in Sections 8.52.080(C) and (E).
8.52.310 8.52.330 Violation-Premises.
It shall be unlawful for any person who owns, manages or operates any premises subject to regulations under the provisions of this chapter to fail to comply with its provisions. No person shall cause, permit, aid, abet or conceal a violation of any provision of this chapter.
8.52.320 8.52.340 Violation-Individuals.
It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
8.52.330 8.52.350 Violation-Penalty.
In addition to any other remedy available at law, violation of any provision of this chapter shall be subject to Chapter 1.06 (Administrative Remedies) and Chapter 1.08 (Penalties) of the Carpinteria Municipal this Code. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
8.52.340 8.52.360 Separate offense.
A separate offense is committed for each and every day, or part of a day, during which any violation is caused, committed, continued or permitted. Each offense is punishable separately from every other offense
8.52.350 8.52.370 Public education-Purposes of chapter.
The code compliance officer, in conjunction and coordination with the county health officer of the county of Santa Barbara and, where feasible, appropriate health or safety 27633362.1
oriented community-based organizations and coalitions, shall engage in a continuing program to explain and clarify the purposes of the provisions of the chapter to citizens affected by it, and to guide business owners, operators and managers in their compliance with it.
8.52.360 8.52.380 Governmental cooperation.
The city manager shall request all governmental and educational agencies which maintain an office within the city to establish local operating procedures to cooperate and comply with this chapter.
8.52.370 8.52.390 Other laws.
The provisions of this chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Further, it is not the intent of the provisions of this chapter to regulate smoking where such regulation has been preempted by the state.
SECTION 3. Severability.
This Chapter 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 4. CEQA Exemption
The City Council finds the proposed ordinance amendment to be exempt from CEQA pursuant to State CEQA Guidelines Section 15060(c)(2) (activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project) as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 5. Effective Date.
This ordinance shall take effect and be in force thirty (30) days from and after its passage.
PASSED, APPROVED AND ADOPTED this __ day of , 2024 by
the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
27633362.1
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held _____ ,2024
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
APPROVED AS TO FORM:
Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney for the City of Carpinteria
27633362.1
Attachment B.
California Jurisdictions with 100% Smokefree
Multi-Unit Housing
Multi-Unit Residential Smoking Regulations
March 11, 2024 City Council
AMERICAN NONSMOKERS' RIGHTS FOUNDATION
U.S. Laws for 100% Smokefree Multi-Unit Housing
January 1, 2024
This list represents communities with laws that regulate smoking in private units of multi-unit housing.
As of January 1, 82 municipalities have enacted a law at the city or county level that prohibits smoking in 100% of private units of rental multi-unit housing properties. Of these municipalities, 75 have laws that prohibits smoking in 100% of private units of both rental and owner-occupied multi-unit housing properties.
The vast majority of the laws-70 municipalities-apply to properties with 2 or more units.
For public housing policies, see U.S. Public Housing Authority Policies Restricting or Prohibiting Smoking.
See Definitions and Explanatory Notes starting on page 4.
Visit our smokefree multi-unit housing page at no-smoke.org/at-risk-places/homes/ for more information.
Municipalities with Laws for 100% Smokefree Multi-Unit Housing:
This table represents communities that have municipal laws at the city or county level that prohibit smoking in 100% of private units of all specified types of multi-unit housing. These laws apply to both privately-owned and publicly-owned multi-unit residences, as well as all existing and future buildings, and do not permit current residents to continue smoking in the building (i.e. no "grandfather" clause). Most, but not all, municipal laws include condominiums and other owner-occupied properties.
Municipalities marked with # require multi-unit buildings to be 100% smokefree when the law is in full effect as of the listed Final Effective Date. Municipalities marked Some under"% of Units Currently Smokefree" will be 100% when the law is in full effect.
% of Units Final Effective Minimum Includes Includes Municipality State Currently Date Number of Patio/ Condos Smokefree Units Balcony
1. Alameda CA 100% 1/1/2013 2 Yes Yes
2. Alameda County" CA 100% 7/1/2022 2 Yes Yes
3. Albany CA 100% 3/24/2018 2 Yes Yes
4. American Canyon CA 100% 6/15/2023 2 Yes Yes
5. Bell Gardens CA 100% 6/1/2021 3 Yes Yes
6. Belmont CA 100% 1/8/2009 2 Yes Yes
7. Belvedere CA 100% 11/9/2017 2 Yes Yes
8. Benicia CA 100% 9/2/2020 2 Yes Yes
9. Berkeley CA 100% 5/1/2014 2 Yes Yes
10. Beverley Hills CA 100% 1/1/2019 2 Yes Yes
11. Brisbane CA 100% 6/3/2017 2 Yes Yes
12. Buena Park CA Some 8/10/2023 2 Yes Yes
13. Burlinqame CA 100% 2/13/2016 2 Yes Yes
14. Clayton CA 100% 5/1/2019 2 Yes Yes
15. Compton CA 100% 1/1/2013 3 Yes Yes
16. Concord CA 100% 1/1/2021 2 Yes Yes
17. Contra Costa County" CA 100% 7/1/2019 2 Yes Yes
2530 San Pablo Avenue, Suite J. Berkeley, CA 94702 I 510.841.3032 I 510.841.3071 Fax I no-smoke.org I [email protected] ANRF is a 501 c3 nonprofit organization and donations are tax deductible I Tax ID #94-2922136 % of Units Final Effective
Minimum Includes Includes Municipality State Currently Date Number of Patio/ Condos Smokefree Units Balcony
18. Corte Madera CA 100% 6/17/2022 2 Yes Yes
19. Cotati CA 100% 1/1/2017 2 Yes Yes
20. Crescent City CA 100% 1/1/2022 2 Yes Yes
21. Cudahy CA 100% 1/3/2020 2 Yes Yes
22. Culver City CA 100% 5/26/2016 2 Yes Yes
23. Cupertino CA 100% 10/1/2021 2 Yes Yes
24. Daly City CA 100% 1/21/2014 2 Yes No
25. Danville CA 100% 5/1/2016 3 Yes Yes
26. El Cerrito CA 100% 10/1/2015 2 Yes Yes
27. El Monte CA 100% 8/19/2017 3 Yes Yes
28. Emeryville CA 100% 7/1/2019 2 N/S Yes
29. Firebaugh CA 100% 7/1/2019 2 Yes Yes
30. Foster City CA 100% 11/5/2015 N/S Yes Yes
31. Fresno CA 100% 1/1/2022 2 No No
32. Guadalupe CA 100% 8/27/2020 2 Yes Yes
33. Half Moon Bay CA 100% 1/15/2020 2 Yes Yes
34. Healdsburq CA 100% 5/6/2020 2 N/S Yes
35. Hercules CA 100% 6/13/2020 10 Yes Yes
36. Huntinqton Park CA 100% 7/1/2013 2 Yes Yes
37. Larkspur CA 100% 9/17/2022 2 Yes Yes
38. Los Gatos CA 100% 6/25/2017 2 Yes No
39. Manhattan Beach CA 100% 5/5/2017 3 Yes Yes
40. Marin Countv" CA 100% 10/14/2021 2 Yes Yes
41. Mill Valley CA 100% 11/18/2016 2 Yes Yes
42. Millbrae CA 100% 1/1/2020 2 Yes Yes
43. Milpitas CA 100% 1/1/2022 2 Yes Yes
44. Monte Sereno CA 100% 10/1/2020 2 Yes Yes
45. Moorpark CA 100% 2/1/2019 2 Yes No
46. Morro Bay CA 100% 8/1/2020 2 Yes Yes
47. Mountain View CA 100% 1/1/2022 3 Yes Yes
48. Novato CA 100% 1/1/2018 2 Yes Yes
49. Pacific Grove CA 100% 10/1/2021 2 Yes Yes
50. Pacifica CA 100% 10/9/2020 2 Yes Yes
51. Palo Alto CA 100% 1/1/2018 2 Yes Yes
52.Pasadena CA 100% 1/1/2013 2 Yes Yes
53. Petaluma CA 100% 1/1/2014 2 Yes Yes
54. Pinole CA 100% 10/18/2019 2 Yes Yes
55. Pleasanton CA 100% 7/1/2022 2 Yes No
56. Rancho Cordova CA 100% 11/4/2021 2 N/S Yes
57. Redwood City CA 100% 1/1/2019 2 Yes Yes
58. Richmond CA 100% 1/1/2011 2 Yes Yes
59. Rohnert Park CA 100% 4/23/2018 2 Yes Yes
60. Ross CA 100% 2/9/2020 2 Yes Yes
61. San Anselmo CA 100% 1/8/2016 2 Yes Yes
62. San Bruno CA 100% 2/22/2018 2 Yes Yes
63. San Carlos CA 100% 7/8/2020 2 Yes Yes
64. San Mateo CA 100% 11/14/2015 2 Yes Yes
65. San Mateo County" CA 100% 2/4/2016 2 Yes Yes
Page2of5
% of Units Final Effective
Minimum Includes Includes Municipality State Currently Date Number of Patio/ Condos Smokefree Units Balcony
66. San Pablo CA 100% 7/1/2021 2 Yes No
67. San Rafael CA 100% 11/14/2013 3 Yes Yes
68. Santa Clara CA 100% 8/1/2019 2 Yes Yes
69. Santa Clara County" CA 100% 2/9/2012 2 Yes Yes
70. Santa Rosa CA 100% 8/7/2016 2 Yes Yes
71. Saratoga CA 100% 9/16/2016 4 Yes Yes
72. Sebastopol CA 100% 11/2/2011 2 Yes Yes
73. Sierra Madre# CA Some 10/1/2024 4 No Yes
74. Sonoma CA 100% 12/12/2016 2 Yes Yes
75. Sonoma County" CA 100% 1/12/2013 2 Yes Yes
76. South San Francisco CA 100% 11/9/2017 2 N/S Yes
77. Sunnyvale CA 100% 9/23/2016 2 Yes Yes
78. Tiburon CA 100% 10/16/2018 4 Yes Yes
79. Union City CA 100% 2/23/2012 2 Yes No
80. Vallejo CA 100% 9/21/2022 2 Yes Yes
81. Walnut Creek CA 100% 1/30/2014 2 Yes Yes
82. Windsor CA 100% 8/15/2017 2 Yes Yes
" = In California, county laws only cover unincorporated areas of the county, and do not cover cities in the county. Cities located within the county need to adopt their own local laws.
Municipalities with Laws that Partially Restrict Smoking in Multi-Unit Housing:
This table represents communities that have municipal laws at the city or county level that restrict smoking in some private units of multi-unit housing, but do not require multi-unit buildings to be 100% smokefree.
The trend is now for communities to adopt laws that require multi-unit properties to be 100% smokefree, as listed in the chart above. It is not recommended that communities adopt the types of partial laws represented in the chart below.
Municipalities marked Some under "All Units Currently Smokefree?" have some buildings that are required to be 100% smokefree. Often, these laws prohibit smoking in all newly occupied buildings or newly leased units, but either do not address smoking in existing buildings or only apply to a certain percent of units in existing buildings.
Municipalities marked No under "All Units Currently Smokefree?" have no buildings required to be 100% smokefree now or in the future. These laws may apply to only a certain percent of units in existing and future buildings, or permit current residents to continue smoking in the building indefinitely (a "grandfather" clause).
Additionally, communities not represented on this list may have local laws that do not address smoking in private units, but restrict smoking in multi-unit housing to a lesser extent, such as by prohibiting smoking in indoor common areas or only on patios and balconies.
All Units
Min.% of Initial
Municipality State Currently
Units Effective Final Min.# Includes
Currently Effective Date of Units Condos Smokefree? Smokefree Date
1. Baldwin Park CA Some
100% new/ 6/21/2012 12/2/2014 2 Yes 80% existing
All Units
Min.% of Initial Units Final Min.# Includes Municipality State Currently Currently Effective Effective Date of Units Condos Smokefree? Smokefree Date
2. Burbank CA No N/S 5/1/2011 5/1/2011 N/S Yes
3. Calabasas CA No 80% 1/1/2012 Not Specified 2 No
4. Dublin CA No 75% 1/1/2011 1/1/2013 16 N/S
5. Fairfax CA No 75% 9/1/2012 9/1/2012 4 N/S
6. Fremont CA Some
100% new/ 2/1/2017 Not Specified 2 Yes
0% existing
7. Glendale CA Some
100% new/ 6/27/2013 Not Specified 2 Yes
0% existing
100% new/
8. Jurupa Valley CA Some designated 3/6/2021 Not Specified 3 No existing units
9. Lafayette CA Some
100% new/ 2/10/2014 Not Specified 3 Yes
0% existing
10. Loma Linda CA No 70% 1/1/2012 Not Specified 2 No
11. Oakley CA No
100% new/ 3/13/2014 4/1/2014 2 Yes
0% existing
12. Pleasant Hill CA Some
100% new/ 5/5/2010 Not Specified 4 No 50% existing
13. Riverside CA No
100% new/ 7/28/2022 7/28/2022 2 No
0% existing
100% new/
14. Santa Monica CA Some designated 5/21/2013 Not Specified N/S Yes existing units
15. Sausalito CA Some
100% new/ 8/30/2012 Not Specified 2 Yes
80% existing
16. South Pasadena CA Some
100% new/ 3/3/2011 Not Specified 2 Yes
80% existing
17. Temecula CA No 25% 12/7/2007 6/7/2012 10 N/S
18. West Hollywood CA Some
100% new/ 5/19/2021 7/15/2021 3 Yes
0% existing
Definitions and Explanatory Notes:
Communities on the two charts of municipal laws adopted a municipal ordinance to regulate smoking in all (first chart) or some (second chart) types of multi-unit housing. # = Law requires multi-unit buildings to be 100% smokefree when the law is fully in effect on the stated Final Effective Date, but currently the law provides partial coverage.
A= In California, county laws only cover unincorporated areas of the county, and do not cover cities in the county. Cities located within the county need to adopt their own local laws.
Minimum Percent of Units Currently Smokefree:
The percent of specified multi-unit housing that is currently required to be smokefree:
100%: All units in specified multi-unit housing must be smokefree.
Another stated%: The stated percent of units in specified multi-unit housing must be smokefree.
N/S = Not Specified: The law does not specify the percent of units currently required to be smokefree or the percent of units currently required to be smokefree cannot determined by how the law is written, such as: applying only to new multi-unit buildings but not to existing multi-unit buildings or designating at certain percentage of units as nonsmoking or limiting smoking to certain buildings or permitting current residents to continue to smoke indefinitely.
Initial Effective Date:
The date when some multi-unit housing must be 100% smokefree. For example, Baldwin Park, CA (marked as Some for All Units Currently Smokefree) requires that all newly occupied buildings must be 100% smokefree as of 6/21/2012, which is the Initial Effective Date. Baldwin Park also requires that at least 80% of units in all existing buildings be smokefree. Because existing buildings may never be fully smokefree, the Final Effective Date is "Not Specified."
Final Effective Date:
For communities marked as Yes or Some for All Units Currently Smokefree, the Final Effective Date is when all buildings must be 100% smokefree. For communities marked as No for All Units Currently Smokefree, the Final Effective Date is when the strongest provisions of the law goes into effect.
Not Specified:
The law does not specify when all multi-unit buildings must be completely smokefree, due to provisions such as: law permits current residents to continue smoking indefinitely or law applies only to newly constructed buildings or law applies only to a certain percent of existing units.
ANR Foundation is actively collecting additional laws. If you know of local laws that you think should be included on the list, or want to inquire about additional information on particular laws, please contact the ANR Foundation at [email protected] or 510-841-3032.
May be reprinted with appropriate credit to the American Nonsmokers' Rights Foundation. © Copyright 1998- 2024 American Nonsmokers' Rights Foundation. All rights reserved. [LS-41]
PageSofS
Attachment C.
Laws Applied by Other Jurisdictions
Multi-Unit Residential Smoking Regulations
March 11, 2024 City Council
Laws applied by other jurisdictions regarding smoking in multi-unit residences.
Updated January 2, 2024
Text has been excerpted.
Compton - In every multi-unit residence, 100% of the units (including private outdoor spaces associated with such units, such as balconies, patios and decks), shall be nonsmoking units. Smoking is also prohibited in unenclosed common areas of multi-unit residences. Every lease or other agreement for the occupancy of a unit in a multi-unit residence shall include: A clause stating that smoking is prohibited in the unit; Enforcement of this chapter shall be the responsibility of the City Manager or his or her designee. In addition, any peace officer or code enforcement official also may enforce this section. Cannabis smoke is included in the definition of "smoking." City of Compton Municipal Code Chapter 7-28.
Culver City - All new units of a multi-unit residence, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio, are designated nonsmoking units. All existing units of a rental complex, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio, are hereby designated nonsmoking units as of May 26, 2016. Every lease or other rental agreement for the occupancy of a unit in a rental complex, including new units and existing units, entered into, renewed, or continued month-to-month after November 26, 2014, shall include the provisions set forth in Section 9.11.235. B below on the earliest possible date such lease or other rental agreement may be amended in accordance with applicable law, including providing the minimum legal notice. Penalties And Enforcement. A violation of this chapter is subject to a civil action brought by the City Attorney, punishable by a civil fine of not less than $100, and not exceeding $1,000, per violation. The definition of "smoke" includes cannabis smoke, but specifically excludes vapors from electronic smoking devices. Culver City Municipal Code Chapter
9. 11. 200, et seq.
Daly City- Smoking shall be prohibited in multi-unit residence common areas (except that a landlord may designate a portion of the outdoor area a smoking area per listed specifications) and in individual units of multi-unit residences, if such units share at least one common floor or ceiling with another such unit. For legal occupants on the effective date of this chapter, lease or rental agreement renewals for the occupancy of a unit in a multi-unit residence in which smoking is prohibited shall include, among other notifications, a clause stating that smoking is prohibited in the unit. Penalties and enforcement. Each violation of this chapter by a person because of the person's smoking is an infraction subject to a one hundred dollar fine.
Other violations of this chapter constitute misdemeanors punishable as provided in Section 1-8 of the Daly City Municipal Code or may, in the discretion of the city attorney, be prosecuted as infractions if the interests of justice so require. Any peace officer or code enforcement official may enforce this chapter.
Notwithstanding any other provision of this chapter, smoking marijuana for medical purposes as permitted by California Health and Safety Code Section 11362. 7 et seq. in any unit of a multi-unit residence is not prohibited by this chapter. Notwithstanding the foregoing, such use of marijuana may be prohibited by other provisions of this Code, state law, or federal law. Daly City Code of Ordinances Chapter 8.36.
Half Moon Bay - It shall be unlawful to smoke in individual units in multi-unit residences and common areas of multi-unit residences. All new leases and lease renewals for multi-unit residences shall include a clause prohibiting smoking in all areas of the complex, including inside individual units and on private balconies or patios, but excepting designated smoking areas. Notwithstanding any other provisions of this chapter, use of an electronic smoking device in a multifamily residence by a qualified medical cannabis patient as defined in California Health and Safety Code Section 11362.7 et seq. is not prohibited by this chapter. Notwithstanding the foregoing, such use of marijuana may be prohibited or regulated by other provisions of this code, state law, or federal law. Half Moon Bay Municipal Code Title 7 Chapter 7. 50.
Healdsburg - Except as otherwise provided, smoking shall be prohibited in all enclosed public places and multi-unit dwellings within the City of Healdsburg, including, but not limited to, lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes and other multiple-unit residential facilities. A person with legal control over a multi-unit building common area, such as a landlord, property manager or homeowners' association, may designate a portion of the multi-unit building common area as a smoking area; provided, that distance requirements to entrances, exits, open windows, or ventilation intake systems of a multi-unit building are met and are compliant with the criteria set out in subsection (8)(1) of this section. Enforcement. Enforcement of this chapter shall be implemented by the City of Healdsburg. Any person who violates any provision of this chapter shall be guilty of an infraction and subject to a fine not to exceed $100.00 for a first violation, and a fine not to exceed $200.00 for a second violation within 12 months. A third, and any subsequent, violation of any provision of this chapter within 12 months may be punished as a misdemeanor. As an alternative to the monetary fine described herein, any person who violates any provision of this chapter may be ordered by a court of competent jurisdiction to perform community service. The definition of "smoking" includes cannabis smoke.
Healdsburg Municipal Code Chapter 8.24.
Los Gatos - Smoking is prohibited in new and existing units of multi-unit residences, and in enclosed and unenclosed common areas. Every lease or other rental agreement for the occupancy of a new unit or existing unit in a multi-unit residence entered into, renewed, or continued month-to-month shall include, among other items, a clause providing that it is a material breach of the agreement for the tenant, or any other person subject to the control of the tenant or present by invitation or permission of the tenant, to: (i) Smoke or use an electronic smoking device in any common area of the property other than a designated smoking area; (ii) Smoke in a new unit; (iii) Smoke in an existing unit starting twelve (12) months after the effective date of this ordinance; or (iv) Violate any law regulating smoking or use of electronic smoking device anywhere on the property. The definition of "smoking" included cannabis, even if medically indicated and/or permitted. Los Gatos Code of ordinances Chapter 18 Article VI.
Morro Bay - Except as otherwise provided by this chapter or by state or federal law, smoking shall be prohibited everywhere in the city, including but not limited to units in multi-unit residences and common areas of multi-unit residences. Every lease or other agreement (collectively, "lease") for the occupancy of a unit in a multi-unit residence, entered into, renewed, or continued month-to-month, effective on or after August 1, 2020, shall include, among other items, a clause stating that smoking is prohibited in the unit, including exclusive-use areas such as balconies, porches, or patios. Enforcement and penalties. Any violation of the provisions of this chapter is punishable as a misdemeanor or an infraction, at the discretion of the city prosecutor, pursuant to Chapter 1. 16 of the Morro Bay City Code; and, any violation of the provisions of this chapter is subject to administrative citation, at the discretion of the city, pursuant to Chapter 1.03 of the Morro Bay City Code. The definition of "smoking" includes cannabis smoke. Morro Bay Code of Ordinances Chapter 9. 24.
Manhattan Beach - As of May 5, 2017, smoking in a multi-unit residence, including but not limited to all units and common areas, is prohibited and a violation of this chapter. Prior to the effective date of a new lease, or of an amendment that extends the term, a landlord shall provide each tenant and prospective tenant in a rental complex with: 1) A written notice clearly stating that as of May 5, 2017, smoking is prohibited in the rental complex, including but not limited to within the unit and all common areas; and 2) A copy of this chapter. Penalties and enforcement. Except as otherwise provided in Section 4.117.070(8) below, a violation of this chapter is not a misdemeanor or an infraction. The enforcement of this chapter shall be by the private parties involved. The definition of "smoke" includes cannabis smoke. Manhattan Beach Code of Ordinances Chapter 4.117.
Novato - Smoking and the use of tobacco products are prohibited in enclosed multi-unit residences and common areas, and unenclosed common areas of multi-unit residences, provided, however, that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking area if the area meets specified criteria. Every lease or other rental agreement governed by subsection a. above shall be amended or prepared to include the following provisions:1. A clause providing that as of the commencement date of the agreement, it is a material breach of the agreement to allow or engage in smoking in the unit. Such a clause might state, "It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in the unit." Penalties and Enforcement. Each incident of smoking or use of tobacco products or other conduct in violation of this section shall be punishable pursuant to section 1-5 of this Code. In addition, any peace officer or code enforcement official also may enforce this section. Violations of this section are subject to a civil action brought by the City of Novato, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00) per violation. The definition of "smoke" includes cannabis smoke. Novato Code of Ordinances Chapter VII Section 7-3.
Redwood City - Smoking is prohibited in all units in a multi-unit residence, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio. Smoking in a new unit in a multi-unit residence on or after January 1, 2018, or in an existing unit on or after January 1, 2019, is a violation of this article. Every lease or other rental agreement for the occupancy of an existing unit in a multi-unit residence entered into, amended, renewed or continued monthto-month after January 1, 2018 shall include the following provisions. A clause providing that as of January 1, 2019 smoking is prohibited in the existing unit, including exclusive-use areas such as balconies, porches, or patios, and in any common area other than a designated smoking area; Every instance of smoking in violation of this article is an infraction punishable as provided in Section 1.7. Other violations of this article may be prosecuted as infractions or misdemeanors when the interests of justice so require. Any peace officer or code enforcement official may enforce this chapter. The prohibitions on smoking in multiunit residences found in this article expressly apply to the smoking of cannabis. Redwood City Code Chapter 15 Article V.
City of Santa Clara - Smoking is prohibited and no person shall smoke inside any new or existing unit of a multiunit residence, in any enclosed or unenclosed common area of a multiunit residence, or within a reasonable distance of any operable doorway, window, opening, or vent of a multiunit residence. A person with legal control over a common area, or authorized representative, may designate a portion of the common area as a designated smoking area; provided, that at all times the designated smoking area complies with subsection (c) of this section. Every lease or other rental agreement for the occupancy of a new or existing unit in a multiunit residence entered into, renewed, or continued month-to-month after the effective date of the ordinance codified in this chapter shall include the following: (1) A true and correct copy of the full text of this chapter. (2) A description of and/or image depicting the location(s) of any designated smoking area(s) on the property, if any. (3) A clause expressly conveying third-party beneficiary status to all occupants of residences or residence units within reasonable distance, as to the smoking provisions of the lease or other rental agreement, such that an aggrieved third-party beneficiary may institute a private civil action as against violator(s) to enforce the provisions of this chapter. It shall be unlawful for persons to smoke cannabis wherever the smoking of tobacco is prohibited under this chapter and/or State law. Santa Clara City Code Chapter 8.35.
Sunnyvale - Beginning September 23, 2016, smoking is prohibited and no person shall smoke in any new or existing unit of a multi-unit residence, in any enclosed or unenclosed common area of a multi-unit residence, or within a reasonable distance of any operable doorway, window, opening, or vent of a multiunit residence, except in a designated smoking area as provided in this section. Every lease or other rental agreement for the occupancy of a new or existing unit in a multi-unit residence entered into, renewed, or continued month-to-month after the effective date of this ordinance shall include the following: A clause providing that as of September 23, 2016, it is a material breach of the agreement to allow or engage in smoking in the unit, including exclusive-use areas such as balconies, porches, or patios. Such a clause might state, "It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in the unit or exclusive use areas such as balconies, porches, or patios as of September 23, 2016." Enforcement: Violations of this article may be subject to a civil action brought by the city, punishable by a fine of not less than two hundred fifty dollars and not exceeding one thousand dollars per violation. The definition of "smoke" includes cannabis smoke. City of Sunnyvale Code of Ordinances Chapter 9.28.
Walnut Creek - smoking is prohibited in the enclosed common areas and units within all multi-unit residences, and unenclosed common areas of all multi-unit residences; provided, however, that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking area if the area meets all of the specified criteria. With respect to each multi-unit residence, the owner, in cases where the units may not be sold individually, or the person responsible for maintenance of the common area, in cases where the units may be sold individually, shall: (1) within thirty (30) days of the effective date of this section, notify the occupants and owners of units in writing by mail or delivery to the unit of the prohibitions imposed In addition to those requirements, the signage shall indicate that smoking is prohibited within units in the multi-unit residence and within the common area. Penalties and Enforcement. Each incident of smoking in violation of this chapter is an infraction subject to a one hundred dollar ($100.00) fine or otherwise punishable pursuant to Section 1-2.01. Other violations of this chapter may, in the discretion of the City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this chapter shall be the responsibility of the City Manager or his or her designee. In addition, any peace officer or code enforcement official also may enforce this chapter. The definition of "smoke" includes cannabis smoke, however, any vapor produced during vaporization of marijuana for medical purposes in a multifamily unit residence is not included within this definition. Walnut Creek Municipal Code Title 5 Chapter 4.
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 11, 2024
ITEM FOR COUNCIL CONSIDERATION
Adopt Resolution No. 6292, Approving the Measure A Five-Year Local Program of Projects for Fiscal Years 2024-25 through 2028-29.
STAFF RECOMMENDATION
1. Adopt Resolution No. 6292, approving the Measure A Five-Year Local Program of Projects for Fiscal Years 2024-25 through 2028-29.
2. Authorize the Public Works Director to submit the Measure A Five-Year Local Program of Projects to the Santa Barbara County Association of Governments.
Sample Motion: I move to adopt Resolution No. 6292, as read by tile only, approving the Measure A Five-Year Local Program of Projects and authorizing submittal by the Public Works Director to the Santa Barbara County Association of Governments.
BACKGROUND
In 1989, voters in Santa Barbara County approved Measure D for a one-half percent sales tax to be used for transportation programs and projects. In November 2008, voters in Santa Barbara County approved Measure A that extended the one-half percent sales tax for 30 years. Measure A contains a strategic spending plan that includes regional projects as well as local programs and projects funded by monthly allocations to each local agency. Measure A requires each local agency to annually prepare a Measure A Five-Year Local Program of Projects for submittal to the Santa Barbara County Association of Governments (SBCAG).
The purpose of this agenda matter is to allow the City Council to consider and approve the Measure A Five-Year Local Program of Projects for submittal to SBCAG.
DISCUSSION
The Measure A Program (Measure A) is administered by SBCAG, of which the City of Carpinteria is a member agency (Mayor Clark represents the City on the SBCAG Board of Directors). Pursuant to the Measure A rules, the City's Measure A Five-Year Local Measure A Five-Year Local Program of Projects for Fiscal Years 2024-25 to 2028-29 March 11 , 2024
Program of Projects (Program) must be presented in a public hearing and adopted by resolution prior to its submittal to SBCAG. Measure A funds may only be spent on qualifying programs and projects that are described in the Program.
Measure A also requires a Maintenance of Effort (MOE) expenditure by the local agencies. The MOE expenditure, calculated and updated by SBCAG on an annual basis, requires each local agency to match Measure A expenditures with other discretionary non-Measure A funds for transportation programs and projects. To meet this requirement and receive Measure A funds, the City must spend at least $171,877 from discretionary non-Measure A sources of funds to match the FY23-24 MOE. The match expense is allocated from the Measure X Fund as the discretionary, nonMeasure A source of funds. The City's current fiscal year budget, approved by the City Council in June of 2023, ensures that the Measure A match requirement will be met.
Measure A also requires a minimum percentage of each local agency's allocation of Local Street and Transportation funds to be spent on eligible Alternative Transportation projects. The City's required minimum percentage for Alternative Transportation is 10%.
This percentage is a cumulative calculation and must be met or exceeded by the fifth year of the Program and every fifth year thereafter. Fiscal Year 2023-24 is the fourth program year in the current five-year period. The Alternative Transportation requirements are tracked annually through an audit process.
The City's audited Alternative Transportation spending through the first five years of the Program (Fiscal Year 2010-11 through Fiscal Year 2014-15) was 28.11 % of the City's total Local Street and Transportation funds allocation. The City's audited Alternative Transportation spending through the second five-year period (Fiscal Year 2015-16 through Fiscal Year 2019-20) was 14.94% of the City's total Local Street and Transportation funds allocation.
Staff anticipates exceeding the minimum 10% Alternative Transportation spending requirement for the current five-year Program period. Staff estimates current Alternative Transportation spending to be approximately 21 % of the City's total allocation through Fiscal Year 2022-23. Staff also anticipates the following alternative transportation projects would increase the City's Alternative Transportation percentage within the next fiscal year:
1. Franklin Creek Trail Improvement Project (project includes accessible surfacing, safety fencing, and adjacent accessibility improvements to and from Aliso Elementary School along Franklin Creek Trail between Carpinteria Avenue and Seventh Street and Ninth Street between Franklin Creek Trail and Holly Avenue).
2. Citywide sidewalk maintenance.
With the adoption of Resolution No. 6292, the Program would allocate Measure A funds to the City's Street Maintenance and Capital Improvements Programs. Measure A funds pay for both staff and consultant/contractor costs associated with qualifying maintenance and capital project work. Attachment A to this Staff Report is the proposed Program.
G:\CC Staff Reports\2024 0311\Final\Measure A POP\20240311_Measure A POP Staff Report - Final.docx
Measure A Five-Year Local Program of Projects for Fiscal Years 2024-25 to 2028-29 March 11 , 2024
Capital projects consist of projects included in the Capital Improvements Program as well as projects that are considered capital maintenance. Capital maintenance projects are developed by the Public Works Department to address heavy maintenance needs such as curb, gutter, and sidewalk repairs and pavement maintenance. These projects are typically included in the annual Public Works Department's budget. Local public transit and alternative transportation projects are also qualifying expenditures for allocations under the Measure A program.
The table below shows the past years total annual Measure D/Measure A revenues to the City, including annual Allocations and Grants, City expenditures for public transit services (i.e., Santa Barbara Metropolitan Transit District [SBMTD] Seaside Shuttle, Easy Lift, and Help of Carpinteria), and the net revenue available annually for City maintenance and operations. Under the Measure D Program, the City received Measure D fund allocations and then expended Measure D money on the SBMTD Seaside Shuttle. Under the Measure A Program, SBMTD receives a direct allocation from Measure A. The last column of the table reflects the net Measure D/Measure A allocations after expending money on the SBMTD Seaside Shuttle, Easy Lift, and Help of Carpinteria expenses; and Measure A grant monies received by the City. This is the amount available to address the Program and grant projects.
Fiscal Measure D Measure A SBMTD Easy Lift Help of Measure A Net Year Allocation Allocation Seaside Carpinteria Grant
Shuttle Programs
04/05 $748,764 $0 $54,802 $12,612 $5,000 $0 $676,350
05/06 $815,976 $0 $56,173 $12,612 $5,000 $0 $742,191
06/07 $748,857 $0 $57,577 $12,612 $5,000 $0 $673,668
07/08 $787,107 $0 $59,016 $12,612 $5,000 $0 $710,479
08/09 $709,093 $0 $85,751 $12,612 $5,000 $0 $605,730
09/10 $717,435 $0 $64,527 $12,612 $5,000 $0 $635,296
10/11 $0 $633,709 $0 $17,000 $0 $0 $616,709
11/12 $0 $800,356 $0 $12,000 $5,000 $541,150 $1,324,506 12/13 $0 $648,772 $0 $12,000 $5,000 $263,623 $895,395
13/14 $0 $624,459 $0 $12,000 $5,000 $0 $607,459
14/15 $0 $725,334 $0 $12,000 $5,000 $0 $708,334
15/16 $0 $748,818 $0 $12,000 $5,000 $447,044 $1,178,862 16/17 $0 $757,998 $0 $12,000 $10,000 $0 $735,998
17/18 $0 $910,479 $0 $12,000 $5,429 $0 $893,050
18/19 $0 $772,022 $0 $12,000 $5,429 $0 $754,593
19/20 $0 $855,187 $0 $12,000 $5,530 $85,938 $923,595
20/21 $0 $904,394 $0 $12,000 $5,430 $0 $886,964
21/22 $0 $801,800 $0 $12,000 $5,430 $275,188 $1,059,558 22/23 $0 $1,013,269 $0 $12,000 $5,429 $0 $995,840
23/24 $0 $1,025,975 $0 $12,000 $5,430 $0 $1,008,545
G:\CC Staff Reports\2024 0311\Final\Measure A POP\20240311_Measure A POP Staff Report - Final.docx
Measure A Five-Year Local Program of Projects for Fiscal Years 2024-25 to 2028-29 March 11 , 2024
Page4
Note: All amounts shown in table are actuals. FY 2017-2018 actual Measure A revenue of $910,479 is an anomaly due to a change in accounting accruals to record revenues earned in that fiscal year as compared with prior years.
Measure A also provides for competitive alternative transportation grants. The City must compete for the Measure A alternative transportation grants, and the call for grant proposals occurs about every two or three years. In 2022, the Public Works Department submitted Cycle 5 applications for the Measure A Bicycle & Pedestrian and Safe Routes to School Grant Programs for the Franklin Creek Trail Improvement Project. The City was awarded $275,188 in grant funds for this project. The City has received a total of $1,338,155 in Measure A grants from the four previous cycles; an average of approximately $134,000 annually. The competitive alternative transportation grants are to be used solely for capital projects and not maintenance. The total estimated cost of the proposed Program exceeds the available annual allocation to the City of Measure A Program revenue. Any cost exceeding the annual allocation is subsidized by additional funding sources such as grants and Measure X.
POLICY CONSISTENCY
The proposed Measure A Five-Year Local Program of Projects is consistent with the Circulation Element of the General Plan and Local Coastal Plan. The recommendation is also consistent with, and serves to implement, the City's Capital Improvement Program.
The adoption of the Measure A Five-Year Local Program of Projects is a requirement of Measure A as established by Ordinance No. 5 of the Santa Barbara County Local Transportation Authority. Adoption of the Program obligates the City to expend Measure A funds on the projects listed in the Program; however, the Program may be modified each year to reflect the changing priorities of the City Council. The Program may also be amended during a program year subject to the approval of the SBCAG Board of Directors. Measure A funds are intended to be flexible, and adoption of the Program does not preclude the City from determining transportation priorities.
FINANCIAL CONSIDERATIONS
The five-year estimate of Measure A local apportionments has been made by SBCAG in the amount of approximately $4.9 million, and is shown in attached Resolution No. 6195. The total Measure A revenue amount includes a projected carry-over fund balance of $109,000 from the Fiscal Year 2023-2024 budget for a total of $5.0 million.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
As a funding source for the City's transportation infrastructure, Measure A revenue and related programming for use are critical to mitigating the liability exposure and protecting public welfare and safety.
OPTIONS
G:\CC Staff Reports\2024 0311\Final\Measure A POP\20240311_Measure A POP Staff Report - Final.docx
Measure A Five-Year Local Program of Projects for Fiscal Years 2024-25 to 2028-29 March 11, 2024
1. Adopt Resolution No. 6292, approving the Measure A Five-Year Local Program of Projects for Fiscal Years 2024-25 through 2028-29. (Staff recommendation)
2. Direct revisions be made and adopt the Measure A Local Program of Projects for Fiscal Years 2023-24 to 2027-28. The Measure A Local Program of Projects is due to SBCAG by March 29, 2024.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at this meeting.
ATTACHMENTS
Attachment A: Resolution No. 6292
Staff contact:
Stephan Downes, Management Analyst
(805) 755-4446; [email protected]
Reviewed by:
Michael Ramirez, City Manager
(805) 755-4400; [email protected]
G:\CC Staff Reports\2024 0311\Final\Measure A POP\20240311_Measure A POP Staff Report - Final.docx
ATTACHMENT A
Resolution No. 6292
RESOLUTION NO. 6292
A RESOLUTION OF THE CARPINTERIA CITY COUNCIL ADOPTING
THE MEASURE A FIVE-YEAR LOCAL PROGRAM OF PROJECTS
FOR FY 2024-25 THROUGH FY 2028-29
WHEREAS, on November 4, 2008, the voters of Santa Barbara County approved Ordinance No. 5, the Road Repair, Traffic Relief and Transportation Safety Measure known as Measure A; and
WHEREAS, the Ordinance provides that the Santa Barbara County Local Transportation Authority shall annually approve a program of projects submitted by local jurisdictions identifying those transportation projects eligible to use Measure A funds during the succeeding five-year period; and
WHEREAS, the City of Carpinteria was provided with an estimate of annual Measure A local revenues for fiscal years 2024-25 through 2028-29 (Exhibit A); and WHEREAS, the City of Carpinteria has held a public hearing in accordance with Section 18 of the Ordinance;
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The City of Carpinteria does hereby adopt the attached Five-Year Local Program of Projects (Exhibit B) to be funded in part with Measure A revenues and authorizes submittal to the Santa Barbara County Association of Governments.
SECTION 2. The City of Carpinteria certifies that it will include in its budget an amount of local discretionary funding for local streets and roads sufficient to comply with the Maintenance of Effort requirements contained in Section 27 of the Measure A Ordinance, and
SECTION 3. Pursuant to the Measure A ordinance, the City of Carpinteria will not use Measure A revenues to replace private developer funding that has been committed to a transportation project or would otherwise be required under current City policies.
SECTION 4. The City of Carpinteria has complied with all other applicable provisions and requirements of the Measure A Ordinance.
PASSED, APPROVED AND ADOPTED this 11th day of March, 2024, by the following called votes:
Resolution No. 6292
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMG, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the 11th day of March, 2024.
Brian C. Barrett, CMG, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
Resolution No. 6292
EXHIBIT A
TO RESOLUTION NO. 6292
Five-Year Estimate of Measure A Local Apportionments
Resolution No. 6292
THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A
CITY OF CARPINTERIA
Five-Year Measure A Revenue Estimate
Local Street and Transportation Improvements
Jurisdiction
Carry-over
from Prior
Years
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Total
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ernative -------
Resolution No. 6292
EXHIBIT B
TO RESOLUTION NO. 6292
Measure A Five-Year Program of Local Projects
Resolution No. 6292
Page6
THIS PAGE INTENTIONALLY LEFT BLANK
--
Exhibit B
City of Carpinteria
Five Year Measure A Program of Projects (FYs 24125 to 2/27) Measure A Local Street and Transportation Improvements Submittal Form (Figures in $000)
Local Street & Transportation Improvements Measure A Revenues Non-Measure A Revenues Total Project Cost
FY2022123 Carry-over Carry-over TOTAL Measure A Regional Remaining TOTAL Non-Measure A Project Descriptions Actual from FY from FY FY24125 FY25126 FY26127 FY27128 FY28/29 Measure A Local Stale Federal Expenditures 22/23 23/24 Revenues Programs
MeasureD Revenues
Malnlalnance lmorovement or Construction of Roadwavs & B Administration Proaram S52 $9 $45 $24 $24 $32 $63 $197 $0 $0 $197 Street Maintenance Proaram $52 $9 $45 $24 $24 $32 S40 $174 $1,695 $1,695 $1,869 Ri hl-of-Wav Maintenance Proaram $52 $9 $45· $24 $24 $32 $40 $174 ""' $1,164
Transoorta1ion. Parkin and Li htln Prooram 552 $9 $45 $24 $24 $32 S40 S174 $1,467 $1,467 $1,641 CarDinteria Avenue Brid e Re lacement Prclect $52 $9 $45 $24 $24 $32 $40 S174 SI 238 S14,000 $15.238 S15.412 Pavemen!Rehabilita\ionProlects $440 $9
'"' $70 S119 $145 $125 $558 szooo $3400 S5.400 S5.958
PavementMainlen.anceProects $85 $9 $70 $70 S119 $145 $125 $538 saooo $2000 52.538 Pedestrian Brid e lnscection Prooram $52 $9 S139 $49 $197 Pavement Manaoemenl Uoda\e $0 $25 $25 $50 $0 $50
Saf..tv lrnnrovemenls
Traffic Safel Prccram $52 $9 $25 $24 $25 $32 S40 $155 $0 $155 Carninteria Hi h School Crosswalk SafeN lmrvavemenls Project $6 $220 $69 $289 $0 $289 Urban F01estrv Street Tree Prooram
Street Tree Manaoement Proaram 5135 $140 $150 $150 $150 S175 $765 $0 $765 $0 $0 $0
$0 $0 $0
Stonn e Ren.air to Tran11oortatlon Facllitles
$0 so $0
$0 50 $0
$0 $0 $0
Roadwav Drainane Facilities
Storm Drain Maintenance Prccram S5 $10 $25 $35 $24 $35 S50 $179 $0 $179 $0 $0 $0
$0 $0 $0
Traffic sinnal CoordlnatiOfl Intersection Channellzatlon $0 $0 $0
$0 $0 $0
$0 $0 $0
Traffic Man t
Trame Ooerations Proaram SSI $9 $25 $35 $24 $35 $45 $173 $332 $332 $505 $0 $0 $0
$0 $0 $0
Landscaolno Maintenance
Landscaoe Maintenance Proaram $51 $9 $35 $25
"' $40 $45 $178 $0 S178
$0 $0 $0
Hinhwa ovements
Carnin\eria Freewav Circulation lmnrovements so $874 $674 $674 linden Avenue lmnrovements Prclect $0 $326 $326 $326
Matching Funds for State and Reaional Proarams and Protects $0 $0 $0
$0 $0 $0
$0 $0 so
$0 $0 $0
For Santa Barbara County
Only
Class 2 Bikeway Maintenance
E•penditure-Countas
Alternative Transportation
E.penditure
Alternative Transportation Expenditures I Measure A Revenues Non~Measure A Revenues j Total Project Cost
FY2022123 Carry.over Carry.over TOTAL Meuure A Regional Remaining TOTAL Non-Measure Al Project Descriptions Actual from FY from FY FY24125 FY25126 FY26f27 FY27128 FY28129 MeuureA Local Slate Federal E•pendllures 22123 23124 Revenues Programs
MeasureD Revenues
Malnllmance, Repair, Conslructlon & ovement of Bike & Ped FaclliUes $0 Concrete Repair Proaram/Curb Ram Prooram S75 $43 $150 5100 $180 $175 - $0 Bike Path Maintenance Proaram $0 $70 $70 - $70
Franklin Creek Trail Improvement PrQl~L ---------
$270 5270 !.275 $845
$0 $0 $0
Safe Routes to School !!!:!l!rovements
Safe Routes lo Schools Education Prooram $6 T l $8 $9 •• $6 $6 $35 $0 so $0
Reduced Transit Fares for Seniors & DlsatMed
$0 $0 $0
$0 $0 $0
$0 $0 $0
Bus and Rall Transit Services and Faclltles
EasvLiftlransoortationParatransitSelVice $12 $12 $12 $12 $12 $12 $60 $0 $60 Hein of Car lnteria Dial-A-Ride Service $6 S9 $6 $6 $6 $6 $35 $0 $35 I Programs, Education, & Incentives to Reduce Slngle Occupant Auto Trips or T"o,~rtotlon Demand
I I I I I I
$0
I I I I I I
so
I
$0
$0 so $0
iMl.;;151rnlliHi·!lm~•l;lllil-lH!lm•lii
11·1il:
$0 $0 $0
IE J, J, !H Hi! IEI !H HE IHI= m• J, ii· J· H+ JI· HI
TOTAL EXPENDITURES $1,236 so S109 $1,002 $928 $962 $995 $1,027 $5,023 $1,275 so $8,097 $1,695 $18,245 $28,192 $32,713 Alternative Transportation Summarv
TOTAL MEASURE A ALLOCATION (FY 2024125 TO 2028/29) $5,023
MINIMUM ALTERNATIVE PERCENTAGE PRESCRIBED BY INVESTMENT PLAN TO BE MET BY FY 2024125 FOR FISCAL YEARS 2020/21 THROUGH 2024/25 "'" TOTAL MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION $1,048 $1,048 PERCENTAGE OF MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION 20.86% City of Carpinteria
Courucu Aceruon Srerr Reponr
March 11, 2024
ITEM FOR COUNCIL CONSIDERATION
Additional appropriations through the Community Services Support Grant program (CSSG) for the current fiscal year (FY) 2023-2024, and recommendations for updates to the CSSG selection process and allocations for future years.
STAFF RECOMMENDATION
1. Direct staff to advertise and receive applications for potential allocation of remaining FY 23124 CSSG funds, and direct that funding be limited to new organizations and/or community events that support City Council priorities or address emergent needs.
Review and consider funding the Chalk Up Carpinteria request of $8,000 Review and consider funding the Alcazar Theater requests (2) of $9,750
4. Direct staff to establish four grant categories for future CSSG funding beginning FY 24125, includ ing : COMM U N lry COLLABORATION, SOC IAL SERVICES, COMMUNIry EVENTS, and CITY COUNCIL INITIATIVES/EMERGENT NEEDS.
5. Direct staff to establish separate grant application requirements for grant amciunts equal to or less than $10,000.
Sample Motion: I move to:
1. Direct staff to advertise and receive applications for potential allocation of remaining FY 23124 CSSG funds, and direct that funding be limited to new organizations and/or community events that support City Council priorities or address emergent needs.
Review and consider funding the Chalk Up Carpinteria request of $8,000 2 3
2 3 Review and consider funding the Alcazar Theater requests (2) of $9,750 Update of Community Services Support Grant program
March 11,2024
2 Direct staff to establish four grant categories for future CSSG funding beginning Fy 24125, including: coMMUNlry coLLABORAT|oN, soctAL sERVlcES, COMMUNIry EVENTS, and CIry COUNCIL INITIATIVES/EMERGENT NEEDS.
5. Direct staff to establish separate grant application requirements for grant amounts equal to or less than 910,000.
(Motion requires a roll callvote)
BACKGROUND
The origin of the CSSG, located in the General Government Department, can be traced back to budget documents from the 1970s. lt emerged from the City Council's evaluation of youth recreation needs during the City's incorporation, with initiaifunding extending support to providers such as the Boys and Girls Club of Carpinteria. Over the years, -
awardees expanded to encompass'health and human services, non-K-12 education, and related programs, along with after-school health, wellness, and education services for youth (ages 5-18) in Carpinteria, complementing City youth recreation services.
For FY 29124, City Council approved a budget of $225,050 for the Community Services Support Program which includes CSSG and Service Agreements, MOU's and Contracts that support the Community. A total of $11 S,2SO was awarded to grants, which left a total unassigned balance of $76,100 (see Attachment A) to be distribut-ed throughout the fiscal year at Council's discretion in grants. The initial process requires applicants to submit a grant application to the City, and applications are accepted once annually, typicaly between March and April. These applications are then reviewed and preienied to C1y Council's Finance Committee for consideration and recommendation. Ultimately, grant award amounts are approved by City Council as part of the annual budget aOoptiJn process.
At the City Council meeting on June 12,2023, during a Public Hearing for the proposed FY 2023-24 Operating Budget Study Sessionl, City Council received -public comment from
a grantee regarding allocation of the available fund balance. The grantee had not received their full request amount and requested additional consideration given the remaining balance. ln the past, Council had distributed any remaining fundJfor emergent-neelsbasis only. Examples include certain unforeseen events, al well as more critical matters like those related to the COVID-19 pandemic. At this time, City Council directed staff to return to the Finance Committee to discuss a formal appeal piocess. Separately, staff had received questions regarding the CSSG from a local organization that was unaware of the grant opportunity. Since an appeal process would only apply to existing grantees, the Finance Committee and staff elected to take a broader appioach. Based on, recommendations by City Staff and feedback by the Finance Committee, it was determined that an appeal process not be added. lnstead, the City's approach would be to:
. lmprove promotion of the CSSG in future years.
t https://carpinteria.granicus.com/playerlclipll264?view_id=2&meta_id=8191 1&redirect=true 4 G:\CC Staff Reports\2024 0311\Final\Update of Community Services Support Grant program.docx Update of Community Services Support Grant Program.
March 11,2024
3 . Revise the CSSG award process and present to City Council for consideration o Create a one-time intermittent process for distribution of available funds in FY 23t24.
DtscusstoN
The focus of the following recommendations is to optimize the City's resources in alignment with Council priorities. This approach aims to support organizations that contribute most uniquely and/or significantly to the community's well-being and the public good.
1. Direct staff to advertise and receive applications for potential allocation of remaining FY 23124 CSSG funds, and direct that funding be limited to new organizations, previously funded organizations applying in a new category, and/or community events that support City Council priorities or address emergent needs.
2. Review and consider funding the Chalk Up Carpinteria request of $8,000. (See Attachment B)
3. Review and consider funding the Alcazar Theater requests (2) of $9,750. (See Attachment C)
4. Establish four funding categories for future CSSG funding beginning FY 24125.The four categories include:
COMMUNITY COLLABORATION: Organizations supporting City Council's Strategic Goals and priorities. This includes programs and organizations dedicated to Outreach, Community Engagement, Education, Transparency, Collaboration, Partnership, Affordable Housing, Staff Development, and the expansion or support of existing City Services, such as Youth, Seniors, and Homeless programs.
Examples of organizations recently funded for programs in this category include:
HELP of Carpinteria, Boys & Girls Club, and Girls lnc.
SOCIAL SERVICES: Open to all entities serving Carpinteria with a focus on needs beyond the City's immediate scope, including Health and Human Services (e.9., Health, Wellness, Transportation, Childcare, and others). Examples of organizations recently funded for programs in this category include: Standing Together to End SexualAssau/f (SIESA), HopeNet of Carpinteria, Carpinteria Children's Center, Compassionate Care of Carpinteria
COMMUNITY EVENTS: This category will include special events that align with and/or incorporate the Council's Strategic Goals and priorities. Examples of community events recently funded in this category include: Chalk Walk 2023 and 2020.
G:\CC Staff ReportsV024 0311\Final\Update of Community Services Support Grant Program.docx Update of Community Services Support Grant program.
March 11,2024
4 CITY COUNCIL INITIATIVES/EMERGENT NEEDS: Projects Requested by the City via a Request for Proposal and/or Emergent Needs. Exa-mples of City Couicit initiatives may include development of a teadership academy or youfh engagement program. Programs recently funded in the category of EmergenlNeeds iictuae:
COV I D microgrants 2020.
ln addition, Staff is recommending that each funding category be considered separately, meaning that an organization may receive funding in one or more categories. Also, funds for City Council lnitiatives and Emergent Needs will need to be set prior to initiating the CSSG process. For example, if the City plans to issue an RFP for a particular initiative, staff must research the potential tost of that initiative and set aside those funds. ln addition, the Council may choose to conserve, or not conserye, a certain amount of funding for emergent needs. For the other three categories, Staff recommends that funding not be fixed and determined by the Council as seen fit.
5. Direct staff to establish separate grant application requirements to be used at City staff discretion for grant amounts equal to or less than $1O,OO0 to reduce the administrative burden on smaller organizations with a limited scope. o Grant applications equal to or less than $10,000, will require a cover letter providing details about the program including information on the number of individuals to be served, the target population, outreach strategies, a list of important program dates, proposed budget, and an end of the year report. o Grant applications exceeding $10,000 will require a formal application with Key Performance lndicators and the submission of a detailed budget, an option for a site visit, as well as a mid-year progress report and an end of the year report.
POLICY CONSISTENCY
The Community Services Support Grant is an identified program in the Carpinteria Municipal code under section 2.20.040 - General Government Department.
FINANC IAL CONSID TIONS
No Additional Funding Requested. The Adopted FY 202g-2024 budget inctudes a balance of $76,100 from the initially allocated $191 ,350 dollars for CSSG. The total amount was budgeted from the General fund ($41,3S0), Measure X ($1++,S00) and Measure A ($5,500).
LEGAL ND RISK MANAG ENT CONSID ERATIONS
No legal or risk management issues are identified at this time G:\CC Staff ReportsV024 0311\Final\Update of Community Services Support Grant program.docx Update of Community Services Support Grant Program.
March 11,2024
5 OPTIONS
1. Direct staff to advertise and receive applications for potential allocation of remaining FY 23124 CSSG funds, and direct that funding be limited to new organizations and/or community events that support City Council priorities or address emergent needs or decline action and direct staff as appropriate.
Review and consider funding the Chalk Up Carpinteria request of $8,000 Review and consider funding the Alcazar Theater requests (2) of $9,750
4. Direct staff to establish four grant categories for future CSSG funding beginning FY 24125, including : COMM U N lry COLLABORATI ON, SOCIAL SERVICES, COMMUNITY EVENTS, and Clry COUNCIL INITIATIVES/EMERGENT NEEDS or decline action and direct staff as appropriate.
5. Direct staff to establish separate grant application requirements for grant amounts equal to or less than $10,000 or decline action and direct staff as appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
Kristina Calkins, Executive Director of The Lynda Fairly Arts Center.
Debbie Nomura, Executive Director of The Alcazar
ATTACHMENTS
Attachment A: Community Services Support Program Grants to date for FY 23124 Attachment B: Funding Request for Carp Chalk Walk from the Lynda Fairly Arts Center.
Attachment C: Funding Request for Community Events on Community lssues and request for School Student Performing Arts Program from the Alcazar Theater.
Staff contact: Olivia Uribe Mutal, Program Manager
(805) 7 55-4401 ; [email protected]
Reviewed by: Michael Ramirez, City Manager
(805) 7 55-4450, [email protected] Signature
2 3
G:\CC Staff ReportsV024 0311\Final\Update of Community Services Support Grant Program.docx
ATTACHMENT A
Community Services Support Program FY 2023-24 Funding Chart Service Provider Grants FY 2023/24 General Fund Measure X Measure A Total Funding Boys & Girls Club
Girls lnc
HELP of Capinteria
STESA
HopeNet of Carpinteria (Mental Wellness Center)
Carpinteria Childrens ProjectCarpinteria Childrens Project (Carp Connect)Carpinteria Art CenterCompassionate Care of Ca rpinteria Total 101/1O412L5-L63-5501
S z5,ooo S 18,500 S 6,soo 5 S z5,ooo
30,000 18,500 11,500 30,000
L4,OOO 8,500 5,500 14,000
6,000 4,350 1,550 6,000
t,750 L,750 L,750
20,000 20,000 20,000
6,000 6,000 6,000
12.500 12,500 12,500
S 115,250 S 41,350 5 68,400 S 5,500 S 115,250
Total Budget 191,350 41,350 L44,5OO 5,500 191,350
Unassigned Balance 76,rOO 75,100 76,LoO
ATTACHMENT B
{ CENTER
BOARD OF DIRECTORS
Tim Cohen, Chair
Debbie Murphy, Vice-Chair
Jaclyn Fabre, Secretary
Carla Stein, Treasurer
Christie Boyd
Gregg Carty
Kathy Dubock
Lynda Fairly
Jesus Gonzales
Alan Koch
Simon Palmer
Roland Rotz Ph.D.
Lourdes Trigueros
EXECUTIVE DIRECTOR
Kristina Calkins
DEVELOPMENT DIRECTOR
JodiWilson
SYSTEM ADMINISTRATOR
Alec Bennett
SENIOR ACCOUNTANT
Elsa McFarlin Farias
GALLERY COORDINATOR
Christy Schofield
BELLAS ARTES COORDINATOR
lvonne Zarate
PROGRAM COORDINATOR
Lana Ziegler
ADVISORY BOARD
David Powdrell, Chair
Norm Arnold
Gary & Geri Campopiano
Marybeth Carty
Janey Cohen
Beth Cox
Terry Eagle
Zoe lverson & Gib Johnson Ellen
Johnson & Joe Sevitla
Casey Summar
Ted Rhodes
John Wultbrandt
HONORARY BOARD
Duncan & Meredith Abbott
Whitney Abbott
Sally Green
Glenna Berry-Horton
Donna Jordan
Charles Lo Bue
Lillian Lovelace
Andy Neumann
Larry Nimmer
Tim Podell
Andy Powell
Dan & Romy Reicker
Ellen Robinson
Februory 22,2024
Michoel Romirez
City of Corpinterio
5775 Corpinterio Ave.
Corpinterio, CA 930.l3
Deor Michoel,
Murolism, o nonprofit orgonizotion with o mission of connecting people with speciol needs to the community through ort, ond the Lyndo Foirly Corpinterio Arts Center (LFCAC), whose mission is creoting o vibront community through the orts, with your support, plon to ogoin portner to bring the Corpinterio community the free Corp Cholk Wolk event. This will be the 3rd yeor offering this incredible, inclusive event thot brings together oll oges ond skill levels in our downtown.
LFCAC provides promotion, monoges the registrotions, volunteers, fiscol oversight ond the focility for the centrol free ori supply distribution hub.
Murolism monoges the creotivity on the sidewolks of the downtown T ond creotes promotionol cholk murols for locol businesses wiih their professionol ortists with speciol needs. Lost yeor oll Corpinterion nonprofits were invited to host o murol squore ond flyers in English ond Sponish were distributed to oll the schools. Alpho Resource Center, o nonprofit who empowers individuols with intellectuol ond developmentol disobilities, wos olso reoched out to ond they joined the festivities to creote multiple murols.
1n2023,368 people creotively porticipoted in the Corp Cholk Wolk. The plon is to increose thot number this yeor by of leost 2O%. To extend the outreoch, new this yeor cholk murolworkshops will be offered of the three Corpinterio People's Self Help Housing complexes vio the LFCAC Bellos Artes intergenerotionol progrom. ln oddition, cholk supplies ond instructions will be shored vio the "Abuelos" progrom of Corpinterio Children's Project.
The Downtown T Business Associotion hos olreody opproved supporting the project with $2000 like it hos in the post. lf the city once ogoin supports the Corp Cholk Wolk project the some os the previous 2 times with $8000, this promises to be the best event yet! To view pictures from some post events, pleose visit https://corpinterioortscenter.org/corpcholkwolk.
Best regards,
Kristina Calkins
Executive Director
THE LYNDA FAIRLY CARPINTERIA ARTS CENTER
805.684.7789. PO Box 597 . Carpinteria, CA 93014. CarpinteriaArtsCenter.org.Tax lD# 77-0578720
ATTACHMENT C
EALCAZAR
At Clark, The Mayor
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria CA 93013
March 5th,2024
Dear Mayor,
Re: Schogl. Students Perforrning Arts Program at the Atcazar The Alcazar Theatre is a cultural centre for Carpinteria. lt was estabtished nearty a century ago and on December 1 , 2010 the Carpinteria Community Theatre lnc, dba The Alcazar Theatre was estabtished, under a 501c3 non-profit status (Tax tD #95-3565433).
Overthe lastyearwe have made major changes to make our programming more inctusive and ensure we are reaching att demographics in the comrnunity. We hetd a community input session in September 2023 to garner feedback of what programming we shoutd be providing and thatwas attended by Dave Durftinger and otivia uribe-Mutat.
One of the major requests from that session wa$ to have schoots performing at the Atcazar rather than in their cafeterias or in their schoot grounds. This request resonates with me as I grew up in sydney and when I was 9, the sydney opera House opened. From when I was in grade 6, att of the $ydney schoot choirs ptus other school musical acts put on performances in the main concert hatt for parents and friends to see.
The Opera House continues to do so much in the education space, as do other Art centres. I know the impact that had on me and others, and I want the chitdren of Carpinteria to have that same experience, appreciating arts in att its forms, and for it to become a part of them. Arts has a major impact and hetps to create an effective society and the Atcazar is a key carpinterian facititythat can hetp to make this happen.
When I became Executive Director, I made it my personat mission to have students performing at the Atcazar. Fortuitousty, in a discussion with John Knecht, Chair of Cate Schoots Performing Arts, I shared this vision. He immediatety offered for Cate Schoot to be the first and they performed on Febru ary 24,2024, and inctuded ensemble, lazz and rock bands, theatre, dance and more. The audience inctuded parents, community Carpinteria CommunityTheate, lnc dba The AlcazarTheatre 4916 Carpinteria Ave, Carpinteria CA 9S0t s
We are a 501c3 nonprofit organization Tax lD # 95-3565433
EALCAZAR
members and students, inctuding from other schoots. lt was a sensation night enjoyed by alt, with an immediate request to perform again next year, ptus a number of students wantingto be invotved with the Atcazar on an ongoing basis.
Diana Rigby, Superintendent, Carpinteria Unified Schoot District has been advised of this oppofiunity being avaitabte to att schoots in Carpinteria, and in an emait notifying att Principats of CUSD of our goat, she commented "Our stLtdenfs love performing in the th e ate r a n d we lo o k fo rw a r d to worki n g with yo u." New programs do not happen overnight, and they take resources to firstLy create them inctuding col.taborating with the schoots, and secondty to stage the events each month, Marketing materiats need to be in both Spanish and Engtish, so we ensure the entire community is reached.
A secondary point to not6 is that many parents of chitdren in Carpinteria schoots do not have avaitabte funds to pay to go to the theatre and see events, even if their chitdren are performing, however we feet it is unfair for them to miss out on such an opportunity.
We are therefore askingthe Cityto provide fundingto assist us to create this program and detiver it on a monthl.y basis as a free monthty community event. The Atcazar seats 200 so every month at teast 200 Carpinterian's can either perform on stage, or watch their chitdren or friends perform.
We are requesting $g,ZS0 per event to subsidise the costs of each monthty school program, with one eventto be scheduted in Aprit, May and Jun e2024 (totat of $9,750). We can then work with the schools to devetop programs which can be a stand-alone school or a combined program with a number of schoots.
Shoutd you require any further information ptease do not hesitate to contact me.
Yours sincerety
The Alcazar Theatre
0- tl,)o.^^,^rtr--
Debbie Nomura, Executive Director
Carpinteria CommunityTheatre, lnc dba The AlcazarTheatrc 4916 Carpinteria Ave, Carpinteria CAWAl3
We are a 501c3 nonprofit organization Tax lD # 95-3565433
TATCAZAR
A[ Clark, The Mayor
City of Carpinteria
5775 Ca rpinteria Avenue
Carpinteria CA 93013
March sth,2024
Dear Mayor,
RE: ln Community Event at the Atcazar on Community tssues The Carpinteria Community Theatre lnc, dba The Atcazar Theatre, was estabtished in 2010 under a 501c3 non-profit status (Tax lD #95-3565433). The AlcazarTheatre is a britl.iant setting for stage presentations.
Besides theatre, concerts and music events, the Atcazar has been used for many community events over the years. During the Thomas fire, it was the community information centre and many other community events have also been hetd there. lt has seating capacity for 200, with aU necessary equipment and facitities.
There are important sociat issues that the Carpinteria community need to deaI with, and we betieve the Alcazar is the most appropriate venue to stage such important events.
The Alcazar's ptans inctude to have one ln Community event per month and we are asking the city to sponsor a monthty event in Aprit, May and June 2o24 so they may be free for community members to participate. We are ptanningto have translators at these events as wetl as provide our marketing materiats in both Engtish and Spanish, so the entire community is aware.
The first event we are currentty cotlaborating with Girts lnc to address is on Buttying, which is one of the major concerns of parents and current reports suggest around onethird of students are subject to this. Jaime Cotlins in her rote as Executive Director of Girts lnc is workingwith us on this topic and the planned approach for a session at the Alcazar is to showthe [atest Mean Girts movie, which witt attract a tot of chitdren, and then fottow it with an expert panet discussion providing resources for both children and parents.
Ca r pi nte ri a Co m m u n ity The atre, I n c d ba The Alc a za r Th eatre 4916 Carpinteria Ave, Carpinteria CA 9301 g
We aro a 501c3 nonprcfit organization Tax ID # 95-3565438
TATCAZAR
The second event we are ptanning is on addressing Human Tratficking. The aim is to cottaborate with tocaI organisations who are dea[ing with this issue, including taw enforcement. We witt have speakers, a panel discussion plus resources for eommunity members. Education of both adutts and children is imperative * to identify issues to hetp prevent human trafficking, but at the same time recognise possibte victims and hetp them.
The June ln Gommuniry event topic has not yet been determined but possibte options we are considering is the Power of Music to Heat or a heatth topic. These witt fottow a simitar format to the prior session with panet discussions and more.
Ptease note our ln Community program has atready been tested and works, as we held our first ln Community event on February 29, 2024 which deatt with Strokes and overcoming medicat adversities.
New programs do not happen overnight, and they take resources to firstly create them inctuding cottaborating with the appropriate organizations, and secondty to stage the events each month. We are hoping the City witt sponsor these events by way of contributing $3,250 for each months event, so we can have the maximum number of attendees inctuding those who do not have resources to pay to attend events (totat of $s,zso1.
Shoutd you require anyfurther information please do not hesitate to contact me.
Yours sincerety
The Alcazar Theatre
l) . N) avv^,tlt'fu
Debbie Nomura, Executive Director
Carpinteria Co m munity Theatre, lnc d ba The Atca za r Theatre 491 6 Carpinteria Ave, Qarpinteria CA 9301 3
We are a 501c3 non profit organization Tax lD # 95-3565433