Carpinteria City Council
July 8, 2024

pursuant to Public Resources Code Section 30510 and in accordance with Section 13551 of Title 14 the California Code of Regulations; and WHEREAS, the proposed amendments and additions approved for submittal to the California Coastal Commission by the City Council as set forth below and as attached hereto and incorporated herein by reference, reflect the findings and determinations of the Planning Commission and City Council; and WHEREAS, a full and complete copy of the project materials (Project No. 23- 2231- LCPA/ORD) is on file with the City’s Community Development Department, located at 5775 Carpinteria Avenue, Carpinteria, California.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The foregoing recitals, incorporated herein by reference, are true and accurate.

Section 2. Pursuant to Public Resources Code Section 30510 and Government Code Sections 65854, 65855 and 65856, the City Council held a public hearing on the proposed amendment to the Local Coastal Program and is transmitting all proposed amendments and additions to the California Coastal Commission for submittal and filing pursuant to Section 13551 of Title 14 of the California Code of Regulations.

Section 3. Ordinance No. 785 has been found by the City of Carpinteria City Council to appropriately carry out the policies of the City’s Coastal Land Use Plan consistent with the California Coastal Act.

PASSED, APPROVED AND ADOPTED this 8th day of July 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______________________
Mayor, City of Carpinteria
Resolution No. 6340

ATTEST:
________________________
Brian C. Barrett, CMC, 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 8th day of July 2024.
__________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
_______________________
Jena Shoaf Acos, Legal Counsel
Brownstein Hyatt Farber Schreck, LLP,
Acting as City Attorney
Attachment D
Summary table of changes made in
Ordinance No. 785
Table 1: Changes Implemented by SB 897 and AB 2221
New State Law Government Code Change Proposed1
1 Requires that the standards imposed
on ADUs and JADUs be objective.

Such standards include, but are not
limited to, parking, height, setback,
landscape, architectural review,
maximum size of a unit, and
standards that prevent adverse
impacts on any real property that is
listed in the California Register of
Historical Resources. Excludes
imposing requirements on
minimum lot size. Defines
“objective standards” as “standards
that involve no personal or
subjective judgment by a public
official and are uniformly verifiable
by reference to an external and
uniform benchmark or criterion
available and knowable by both the
development applicant or proponent
and the public official prior to
submittal.”
§ 66314(b) and
66313(h)
The Planning Commission
expressed concern that the
design standards in CMC §

14.72.060 regarding
matching materials
between a primary
residential unit and ADU
and the prohibition on
shiny exterior materials are
not sufficiently objective.

Language in §

14.72.060(D) was revised
to specify that certain
ADUs shall utilize the
same “exterior finishes and
roof form” of the primary
residential unit. Language
in § 14.72.060(A) was
revised to specify that
roofing materials with a
light reflectance value of
40 or above, and exterior
materials with a light
reflectance value of 60 or
above are prohibited.
2 Prohibits denial of ADU permit
applications due to the correction of
nonconforming zoning conditions,
building code violations, or
unpermitted structures that do not
present a threat to public health and
safety and are not affected by the
construction of the ADU.
§ 66322(b) Proposed language added
to CMC § 14.72.035(D) to
specify that existing
nonconforming or
unpermitted structures
unrelated to ADU
construction shall not be
used as a reason to deny an
ADU application.
3 If a detached garage is being
demolished and replaced by an
ADU, requires local agency to
review and issue a demolition
permit for the garage at the same
time as it reviews and issues the
permit for the ADU (within 60
days).
§ 66314(e) Language in CMC §

14.72.100(D) was added to
include a concurrent garage
demolition permit as
specified.
1 CMC citations in this column refer to Chapter 14.72 as proposed in Ordinance No. 785. 4 Increases the maximum height
limitation to 18 feet if the ADU is
located within 0.5 mile walking
distance of a major transit stop or a
high-quality transit corridor, or if
the ADU is detached and on a lot
that has an existing multifamily,
multistory dwelling.
§ 66321(b)(4)(B)-(C) The Planning Commission
recommended that height
limits throughout CMC
Chapter 14.72 be raised to
18 feet to accommodate
these new height
allowances.
5 Increases the maximum height
limitation to 25 feet if the ADU is
attached to a primary dwelling.

ADUs exceeding two stories are not
required to be permitted.
§ 66321(b)(4)(D) Language was added to
CMC § 14.72.060(C) to
allow ADUs up to 25 feet
if attached to a primary
dwelling.
6 Provides that the construction of an
ADU does not constitute a Group R
occupancy change under the local
building code, except as found by
an enforcement agency.
§ 66314(d)(8) Language in CMC §

14.72.050(M) was added to
ensure the construction of
an ADU does not
constitute a Group R
occupancy change under
the local building code,
except as found by an
enforcement agency.
7 Prohibits the construction of an
ADU from triggering a requirement
that fire sprinklers be installed in
the existing primary dwelling.
§ 66314(d)(12) and
66323(c)
Language in CMC §

14.72.050(E) was amended
to clarify that ADU
construction will not
trigger a requirement for
fire sprinklers in the main
residence.
8 Prohibits a local agency from
rejecting an application for an ADU
because the existing multifamily
dwelling exceeds applicable height
requirements or has a rear or side
setback of less than 4 feet. If the
existing multifamily dwelling
exceeds applicable height
requirements or has a rear or side
setback of less than 4 feet, a local
agency is prohibited from requiring
any modification to the existing
multifamily dwelling to satisfy
these requirements.
§ 66323(a)(4)(B) Language in CMC §

14.72.090(C)(6) was added
to clarify that an existing
multifamily dwelling that
exceeds applicable height
limits or that does not meet
minimum setbacks is not
grounds for rejection of an
application for an ADU,
and that modifications to
the existing multifamily
dwelling cannot be
required to satisfy these
requirements.
9 Prohibits a local agency from
imposing any parking standards on
an ADU that is included in an
application to create a new singlefamily dwelling unit or a new multifamily dwelling on the same
lot, provided that the accessory
dwelling unit meets other specified
requirements.
§ 66322(a)(6) Language in CMC §

14.72.080(D)(2)(f) was
added to ensure no parking
standards will be required
on an ADU that is part of
an application for a new
primary residence that
meets at least one other
requirement in §

14.72.080(D)(2).
10 If the permitting agency denies an
application for an ADU or JADU,
requires the agency to return in
writing a full set of comments to the
applicant with a list of items that
are defective or deficient and a
description of how the application
can be remedied by the applicant.
§ 66320(b) Language in CMC §

14.72.100(C)(1) was added
to ensure these written
comments are provided to
the applicant upon denial
of an ADU/JADU
application.
11 If a JADU does not include its own
bathroom, requires a JADU to
include a separate entrance from the
main entrance to the structure, and
an interior entry to the main living
area.
§ 66333(e)(2) Language in CMC §

14.72.050(D) was added to
ensure an interior entry to
the main living area is
included in JADUs without
a separate bathroom.
12 Prohibits a local agency from
denying an application for a permit
to create a JADU due to the
correction of nonconforming zoning
conditions, building code
violations, or unpermitted structures
that do not present a threat to public
health and safety and are not
affected by the construction of the
junior accessory dwelling unit.
§ 66336 Language in CMC §

14.72.035(D) was added to
specify that existing
nonconforming or
unpermitted structures
unrelated to JADU
construction shall not be
used as a reason to deny a
JADU application.
13 Prohibits a local agency from
denying a permit for an unpermitted
ADU that was constructed before
January 1, 2018, because, among
other things, the unit is in violation
of building standards or state or
local standards applicable to ADUs,
unless the local agency makes a
finding that correcting the violation
is necessary to protect the health
§ 66332 Language in CMC §

14.72.050(M)(3) was
added to reflect this new
date and allowance for
permitting unpermitted
ADUs.
and safety of the public or
occupants.
14 Prohibits limits on front setbacks
that do not permit the construction
of at least an 800 square foot ADU,
as specified.
§ 66321(b)(3) Language in CMC §

14.72.055(A)(4) was added
to include front setback
exceptions to allow for
ADUs of at least 800
square feet.

Table 2: Changes Implemented by AB 976, AB 1033, and AB 1332 New State Law Government Code Change Proposed
1 AB 976
Prohibits owner occupancy
requirements on ADUs.
§ 66315 Current language in CMC §

14.72.040 states that an owner
occupancy requirement applies to
ADUs permitted after 1/1/2025
“unless otherwise prohibited by
state law.” Language in CMC §

14.72.040 was removed and edited
to clarify that there is no owner
occupancy requirement for ADUs.

An owner occupancy requirement
for JADUs remains.
2 AB 1033
Allows local agencies to adopt
an ordinance that would allow
ADUs to be conveyed
separately as condominiums,
as specified.
§ 66340-66342 At the March 4, 2024 meeting, the
Planning Commission
recommended that the City not
pursue separate conveyance at this
time.
3 AB 1332
Requires local agencies to
create a program for
preapproval of ADU plans.

Preapproved plans must be
posted on the agency’s
website. Agencies must
approve or deny ADU
applications that utilize
preapproved plans within 30
days of receiving a complete
application.
§ 65852.27 Language was added to CMC §

14.72.100(E) to include the
directive that the City maintain an
ADU plan preapproval program
and a 30-day review period for
qualifying applications.

Table 3: Changes Recommended by Planning Commission and City Staff Item Change Proposed
1 Planning Commission: the height limit
triggering privacy design standards in
CMC § 14.72.060(F) does not align with
the other height limits proposed in the
Ordinance.

The height limit triggering privacy design
standards in CMC § 14.72.060(F) was changed
to 18 feet instead of 16 feet to match the height
limit in § 14.72.060(C).
2 Planning Commission: language
regarding fire sprinkler requirements is
not consistent throughout Chapter 14.72.

Language regarding fire sprinklers in §

14.72.090(C)(8) was edited to match the fire
sprinkler requirement in § 14.72.050(E).
3 City Staff: definition of “Special
Accessory Dwelling Unit” does not
contain broad enough description of
where Special ADUs are permitted.

The definition of “Special Accessory Dwelling
Unit” was amended in § 14.72.020(A) to clarify
that Special ADUs are allowed on any property
with an existing or proposed multi-family
dwelling.
4 City Staff: Configurations permitted for
a Special ADU and JADU on a singlefamily lot need clarification. § 14.72.090(A) was amended to clarify that a
JADU shall always be allowed in addition to
one Special ADU on a single-family lot.
5 City Staff: Government Code § 66324(c)
exempts ADUs under 750 square feet
from impact fees, including school
impact fees, but § 14.72.100(H) states
that school districts may levy impact
fees on ADUs larger than 500 square
feet.
§ 14.72.100(H) was removed.
5 City Staff: Ordinance should clarify that
a Coastal Development Permit is not
required for a JADU.

Text in § 14.72.110(F) was added to clarify that
a Coastal Development Permit is not required
for a JADU— only a building permit.
6 City Staff: SB 477, in effect March 25,
2024, reorganized State ADU/JADU law
and created new Government Code
sections. References to State
ADU/JADU law in Chapter 14.72 need
to be updated.

References to State ADU/JADU law in Chapter

14.72 were updated to reflect the new sections
of the Government Code.
7 City Staff: Standardize capitalization
and numerals throughout the Chapter.

The capitalization of “Accessory Dwelling
Unit” and “Junior Accessory Dwelling Unit”
was made consistent throughout Chapter 14.72.

Numbers larger than 10 are provided as
numerals instead of spelled out.

Attachment E
CMC Chapter 14.72, current ADU/JADU
regulations
Title 14 - ZONING
Chapter 14.72 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS Carpinteria, California, Code of Ordinances Created: 2024-05-01 09:11:27 [EST] (Supp. No. 50)

Chapter 14.72 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS1

14.72.010 Purpose and intent.

The purpose of this chapter is to provide for processing requests for accessory dwelling units (ADU) and junior accessory dwelling units (JADU) within zone districts that permit residential uses, as defined in this chapter and chapters governing zone districts of Title 14. The need for these provisions is based on the following findings:

1. The adopted policy of the city is to encourage a range of housing types, designs, and costs to suit the varying needs and desires of the community in terms of income, family size, and physical ability within existing neighborhoods.

2. Opportunities for affordable housing for persons of low and moderate income are becoming increasingly scarce.

3. The shortage of low-and moderate-income housing opportunities is exacerbated by the lack of available rental units at a time when few rental units are being constructed. Thus, the existing rental stock needs to be preserved and new rental opportunities provided.

4. Accessory dwelling units have been a part of the city's housing stock and provide a valuable source of rental housing for persons of low and moderate income, particularly the elderly, students, and singleparent family households.

5. The establishment of clear objective development standards, consistent with applicable state law, including, but not limited to, Government Code Section 65852.2 or 65852.22 and the California Coastal Act, is required to reduce the time necessary to secure permits for accessory dwelling unit and junior accessory dwelling unit construction and to ensure that there will be no adverse effect on the public health, safety and welfare.

6. Expand opportunities to create additional housing to suit the spectrum of individual lifestyles and space needs, allow more efficient use of existing housing stock and public infrastructure, and provide a range of housing opportunities.

7. Allow accessory dwelling units and/or junior accessory dwelling units as an accessory use to a Primary residential unit, consistent with California Government Code Section 65852.2 or 65852.22 and the California Coastal Act, as applicable.

8. Promote accessory dwelling units and/or junior accessory dwelling units that are compatible with the surrounding neighborhood, cultural and historic resources, and historic districts; preserve the city's coastal resources including, but not limited to, environmentally sensitive habitats, public coastal access, and visual resources; promote long-term sustainability; contribute to a desirable living environment; and avoid risks to public safety associated with loss of life, property, and social dislocations resulting from identified coastal hazards, including flooding. 1Editor's note(s)—Ord. No. 758, §§ 3, 4, adopted Jan. 23, 2023, repealed the former Ch. 14-72, §§ 14.72.010—

14.72.110, and enacted a new Ch. 14-72 as set out herein. The former Ch. 14-72 pertained to secondary dwelling units and derived from Ord. 593 § 3 (part), 2003.

Created: 2024-05-01 09:11:27 [EST]
(Supp. No. 50)

(Ord. 758, §§ 3, 4, 1-23-2023)

14.72.020 Definitions.

Chapter 14.08 (Definitions) apply to Chapter 14.72, unless they conflict with the definitions below. Where a conflict may occur, the definitions below shall apply and have the following meaning:

A. Accessory dwelling unit. An attached or a detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residential unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be located on the same parcel that the primary residential unit is or will be situated. The following categories of accessory dwelling units are subject to specific development standards:

Accessory dwelling unit. Accessory dwelling units connected with an existing or proposed primary residential unit, with size, height, and setback standards as described in Section 14.72.055, (Development standards for accessory dwelling units). Up to one accessory dwelling unit and one junior accessory dwelling unit may be allowed on property where residential uses are permitted and has been developed, or will be developed concurrently with the accessory dwelling unit(s), subject to the provisions of this Chapter (14.72).

Special accessory dwelling unit. Specific types of accessory dwelling units, meeting specific criteria identified in Government Code Section 65852.2(e) that may be combined with a junior accessory dwelling unit with certain size, height, and setback standards described in Section 14.72.090, (Development standards for special accessory dwelling units). Further, special accessory dwelling units allow for more than one accessory dwelling unit on a property zoned for multiple family use. Such units are not subject to local zoning and development standards, but must meet building code and health and safety requirements.

An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B. Carshare vehicle. A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization which provides hourly or daily car sharing service to its members.

C. Efficiency kitchen. A kitchen that includes at a minimum:

1. Appliances for cooking food and refrigeration, either built-in or countertop.

2. A sink for food preparation greater than twelve inches by twelve inches, excluding the sink located in the bathroom.

3. A food preparation counter.

D. Existing floor area. A legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards, in accordance with Section

14.08.270 (Floor Area, Gross) and Section 14.08.275 (Floor Area, Net).

E. Junior accessory dwelling unit. A unit that is no more than five hundred square feet in size and contained entirely within an existing or proposed single residential unit. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing or proposed single residential unit and includes an efficiency kitchen.

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(Supp. No. 50)

F. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

G. Primary residential unit. The existing or proposed residential unit on a lot on which an accessory dwelling unit or junior accessory dwelling unit is permitted. The primary residential unit shall comprise one unit in either a dwelling, one family; dwelling, two family; dwelling, multiple; or mixed-use development (as those terms are defined in Section 14.08 (Definitions') of this title).

H. Principal place of residence. The residence where a property owner actually lives for the greater part of time, or the place where the property owner remains when not called elsewhere for some special or temporary purpose and to which the property owner returns frequently and periodically, as from work or vacation.

If multiple persons own the property as tenants in common or some other form of common ownership, a person or persons representing at least fifty percent of the ownership interest in the property shall reside on the property a majority of their time as their principal place of residence. Any person or persons who qualify for the homeowner's tax exemption under the California State Board of Equalization rules, may qualify as an owner occupant.

The burden shall be on the property owner to show that the primary residential unit, accessory dwelling unit, or junior accessory dwelling unit is the property owner's principal place of residence as evidenced by qualifying for the homeowner's tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owner-occupancy as their principal place of residence. (Ord. 758, §§ 3, 4, 1-23-2023)

14.72.030 Where permitted.

A. Accessory dwelling unit. An accessory dwelling unit that conforms to the development standards of this section shall be permitted in any zone that allows residential use, located on a lot developed or proposed to be developed with one or more residential units, except as prohibited or restricted in subsection C below. An accessory dwelling unit that does not conform to the development standards of this section, may nonetheless be approved in accordance with the requirements of Section 14.72.060.H.2.

B. Junior accessory dwelling unit. A junior accessory dwelling unit may be permitted in any zone that allows residential use, and shall be located on a lot developed with an existing or proposed single residential unit, except as prohibited or restricted in subsection C below.

C. Prohibited or restricted locations.

1. Based on the final sea level rise vulnerability assessment and adaption plan identification of flooding hazards in the beach neighborhood overlay district and city local coastal plan objective S-4, proposed accessory dwelling units in the beach neighborhood overlay district, as defined in the ADU beach overlay district zoning map, shall be subject to discretionary review, as determined necessary by the community development director, or a director-appointed designee, to address and mitigate identified coastal hazards, including flooding, and coastal resource policy issues that address coastal access, in order to avoid risks to public safety associated with loss of life, property, and social dislocations.

2. Accessory dwelling units shall be permitted in locations that are consistent with coastal resource protection policies of the city's coastal land use plan, including, but not limited to, environmentally sensitive habitats; coastal access; and visual, recreational, and cultural resources.

3. No accessory dwelling unit or junior accessory dwelling unit shall be permitted in a formally designated area where water or sewer service is found to be inadequate by the Carpinteria Sanitary District or Carpinteria Valley Water District, as appropriate, or in a formally designated area where traffic flow Created: 2024-05-01 09:11:27 [EST]
(Supp. No. 50)

and public safety would be adverse impacted, as determined by the Carpinteria-Summerland Fire Protection District.

4. Unless prohibited or restricted by C.1 - C.4 of this subsection, applications for an accessory dwelling unit and/or junior accessory dwelling unit in the California Coastal Commission's appeals jurisdiction shall be permitted in accordance with Section 14.72.110. (Ord. 758, §§ 3, 4, 1-23-2023)

14.72.035 Unit configuration.

A. One accessory dwelling unit and/or one junior accessory dwelling unit shall be permitted on a lot in addition to the primary residential unit, pursuant to this chapter. However, multiple accessory dwelling units may be permitted in accordance with all the configuration requirements, development standards, and special procedures outlined in Section 14.72.090, Development standards for special accessory dwelling units.

B. An accessory dwelling unit may be permitted in the following configurations:

1. Incorporated entirely within an existing or proposed primary residential unit.

2. Incorporated entirely within an existing accessory building, including garages, located on the same lot as the primary residential unit.

3. Through conversion of a garage, carport or covered parking structure.

4. Attached to or increasing the size of an existing primary residential unit or attached accessory building located on the same lot as the primary residential unit.

5. Detached from and located on the same lot as the existing or proposed primary residential unit. An accessory dwelling unit that is attached to another detached accessory building, but not the primary residential unit, or is attached by a breezeway or porch, is considered detached.

C. Except as provided in Health and Safety Code Section 17981.12, Accessory Dwelling Units shall not be permitted within an existing nonconforming structure if the structure is nonconforming as to the coastal resource protection policies of the LCP.
(Ord. 758, §§ 3, 4, 1-23-2023)

14.72.040 Sale, rental, and occupancy terms.

All accessory dwelling units and junior accessory dwelling units shall be subject to the following sale, rental, and occupancy terms:

A. Not to be sold separately. An accessory dwelling unit or junior accessory dwelling unit shall not be sold separately from the primary residential unit, subject to the provisions of Government Code Section 65852.26 and/or other provisions of state law that govern accessory dwelling unit and/or junior accessory dwelling unit sales.

B. Deed restriction. Prior to issuance of a permit for an accessory dwelling unit or junior accessory dwelling unit, the owner shall record a deed restriction with the county recorder and file the recorded deed restriction with the city, acknowledging the applicable use limitations consistent with this Section

14.72.040 or other applicable limitations in the Title 14 of the Carpinteria Municipal Code and city administrative policies applying to the applicable base zone district that shall run with the land.

C. Rental terms. The accessory dwelling unit or junior accessory dwelling unit may be rented as a residential unit. The accessory dwelling unit or junior accessory dwelling unit shall not be rented as a Created: 2024-05-01 09:11:27 [EST]
(Supp. No. 50)

short-term rental, as defined in Section 14.08.562 or for less than thirty-one consecutive days, whichever is more restrictive. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one thirty-day period occupancy by the same tenant.

D. Owner occupancy. The following types of projects are subject to an owner occupancy requirement:

1. The property owner's principal place of residence requirement, upon the property where an accessory dwelling unit is permitted, shall not apply to accessory dwelling units approved between adoption of this Chapter 14.72 and January 1, 2025. The property owner's principal place of residency requirement shall apply to, an accessory dwelling unit permit issued after January 1, 2025, unless otherwise prohibited under state law, or upon repeal of Government Code Section 65852.2(a)(6)(B) removing the state-imposed prohibition of an owner occupancy requirement, whichever occurs first.

2. Where a junior accessory dwelling unit is located on a property, the burden shall be on the property owner to show that the primary residential unit, or junior accessory dwelling unit is the property owner's principal place of residence as evidenced by qualifying for the homeowner's tax exemption, voter registration, vehicle registration, or similar methods that demonstrate owneroccupancy. A property owner shall have only one principal place of residence for the purposes of this Chapter 14.72. Notwithstanding, owner occupancy shall not be required if the property owner is another governmental agency, land trust, or housing organization.

E. Hardship waiver. If owner occupancy is required in accordance with subsection D, Owner occupancy, the property owner may apply for a temporary waiver in the event of a hardship. For the purposes of this section, an event of a hardship includes, but is not limited to, the death or disability of the property owner, job transfer, or similar significant personal situation which prevents the property owner from occupying the owner's unit. A property owner or estate representative may apply for a temporary waiver of the owner-occupation requirement for a specific time period to allow the owner's unit to be occupied by a non-property owner until the cessation of the circumstances preventing the property owner from occupying the owner's unit on the property. The community development director shall review applications for an event of hardship waiver. Any such temporary waiver shall specify the period of time for which it is granted, provided that no such waiver may be granted for a period longer than three years.

F. Removal of owner occupancy requirement. With the exception of owner occupancy covenants, restrictions or conditions required to permit a junior accessory dwelling unit, the community development director will, in a form acceptable to the city attorney, release an owner occupancy requirement recorded against the property prior to adoption of this chapter upon the request of the property owner. No other covenants, restrictions or conditions required pursuant to this Title 14, and contained in the agreement recorded against the property shall be released, unless the community development director determines that the covenant, restriction or condition conflicts with California Civil Code section 714.3.
(Ord. 758, §§ 3, 4, 1-23-2023)

14.72.050 Required features.

Each accessory dwelling unit or junior accessory dwelling unit shall contain, at a minimum, the following features:

A. Residential elements. Permanent provisions for separate residential occupancy must be provided as follows within the contiguous livable floor space of the accessory dwelling unit or junior accessory dwelling unit and must be independent from the primary residential unit, unless otherwise noted:

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(Supp. No. 50)

1. Provisions for cooking, including storage, countertop, sink, and electric outlets as required per Carpinteria Municipal Code, Title 15, Buildings and construction. A junior accessory dwelling unit may contain an efficiency kitchen.

2. A bathroom consisting of a toilet, sink, and bathtub or shower. A junior accessory dwelling unit may share sanitation facilities with the existing or proposed primary residential unit.

3. A separate sleeping room, except in studio residential units, where a living room is considered a sleeping room.

B. Minimum floor area. The minimum floor area for a new accessory dwelling unit is as follows:

1. Efficiency unit: One hundred fifty square feet.

2. Studio unit: Two hundred twenty square feet.

Such usable floor area shall be exclusive of open porches, garages, basements, cellars and unfinished attics. The minimum floor area for accessory dwelling units that are created by converting existing structures is one hundred fifty square feet.

C. Exterior access. Exterior access to the unit, that is independent from the primary residential unit must be provided. An accessory dwelling unit or junior accessory dwelling unit may provide an interior connection consisting of one fire-rated lockable door between the primary residential unit, but one is not required.

D. Fire sprinklers. Fire sprinklers are required only if they are required for the primary residential unit.

E. Permanent foundation. Attached and detached units shall be constructed with a city-approved permanent foundation in accordance with Chapter 15, Buildings and construction, of the Carpinteria Municipal Code.

F. Property addresses. Addresses identifying all residential units on the lot, with minimum three-and onehalf-inch numbers plainly visible from the street or road fronting the property shall be provided.

G. Utility fees. An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.

H. Public sewer service. Accessory dwelling units and junior accessory dwelling units shall comply with the sewer service requirements of the Carpinteria Sanitary District, including, but not limited to, advanced procurement of a sewer construction permit for exterior plumbing modifications or sewer lateral installation.

I. Public water service. Accessory dwelling units shall comply with the water service requirements of the Carpinteria Valley Water District, consistent with state law, including, but not limited to, Government Code Section 65852.2(f)(2)(A).

J. Direct utility connection. No direct new or separate utility connection, or related fees, shall be required between a public sewer or water service district and an accessory dwelling unit or junior accessory dwelling unit that is within the proposed space of a single-family dwelling or existing space of a singlefamily dwelling or accessory structure (including an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing structure.

K. Passageway. No passageway is required in conjunction with the construction of an accessory dwelling unit or junior accessory dwelling unit.

L. Enforcement of building standards. In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, a local Created: 2024-05-01 09:11:27 [EST]
(Supp. No. 50)

agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code providing the accessory dwelling unit was built prior to January 1, 2020. (Ord. 758, §§ 3, 4, 1-23-2023)

14.72.055 Development standards for accessory dwelling units and junior accessory dwelling units.

A. Development standards generally. The development standards listed in this section apply to accessory dwelling units and junior accessory dwelling units, except for special accessory dwelling units permitted in accordance with all the configuration requirements, development standards, and special procedures outlined in Section 14.72.090, Standards for special accessory dwelling units.

1. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of an accessory dwelling unit and/or junior accessory dwelling unit on the lot. If for any reason the accessory dwelling unit is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the accessory dwelling unit, including, but not limited to, the requirements for open yard, setbacks, and covered parking.

2. Except as otherwise specified in this section, projects developed in accordance with this chapter shall otherwise comply with objective development standards applicable to an attached or detached accessory building or structure for the housing type and base zone in which the lot is located.

3. One primary residential unit shall be designated on a lot on which an accessory dwelling unit and/or junior accessory dwelling unit is permitted.

4. Notwithstanding Subsection B below or other local development standards for the base zone district that are not expressly prohibited by state law or reduced due to provisions in Section 14.72.030, any other minimum or maximum size for an accessory dwelling unit based upon a percentage of the proposed floor area or existing floor area, or limits on building coverage, floor area ratio, open space, or minimum lot size, for either attached or detached dwellings shall permit at a minimum: an eight hundred square foot accessory dwelling unit that is up to sixteen feet in height, with four-foot side and rear yard setbacks, constructed in compliance with all other local development standards.

B. Maximum floor area. The maximum floor area(s) for a standard accessory dwelling unit and junior accessory dwelling unit are as follows:

1. Attached accessory dwelling unit. An accessory dwelling unit that is attached to, and increasing the size of, the primary residential unit shall not exceed fifty percent of the existing floor area of the existing primary residential unit, and shall not exceed a maximum floor area of eight hundred square feet.

2. Converted accessory dwelling unit. An accessory dwelling unit that is incorporated entirely within an existing primary residential unit, or within an existing accessory building, is not limited in size.

3. Detached accessory dwelling unit. An accessory dwelling unit that is detached from the primary residential unit and may or may not be attached to another detached accessory building, including detached garages, shall not exceed the following maximum floor area based on lot size and number of bedrooms:
a. Lots up to fourteen thousand nine hundred ninety-nine square feet:
i. One-bedroom or studio units: Eight hundred fifty square feet.

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ii. Two or more-bedroom units: One thousand square feet.

4. Junior accessory dwelling unit. The maximum floor area of a junior accessory dwelling unit shall not exceed five hundred square feet.

C. Relationship to other floor area limitations. The floor area of an accessory dwelling unit or junior accessory dwelling unit is included in any other floor area limitation in this Title that is applicable to an attached or detached accessory building for the housing type and in the base zone in which the lot is located.

1. Exception. The floor area of a detached accessory dwelling unit shall be excluded from the aggregate maximum lot coverage allowed for other detached accessory buildings, such as work or storage sheds.

D. Building separation. The minimum separation between the primary residential unit and a detached accessory dwelling unit shall be five feet.

E. Front, side, and rear setbacks. The following setbacks shall apply to new and converted standard accessory dwelling units approved pursuant to this section:

1. New construction. Newly constructed accessory dwelling units shall comply with the following setback standards:
a. Front setback: Meet the minimum front setback for residential structures of the base zone district.
b. Side and rear setback: Four feet in all zones except 4-R-1, which must maintain a minimum three feet of distance in the side yards.

2. Converted. No setback is required to convert the existing floor area of a principal or accessory building to an accessory dwelling unit.

3. Demolished or substantially redeveloped. No setback is required when an existing principal or accessory building is demolished or substantially redeveloped and converted to an accessory dwelling unit, provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building.
a. Exception for small conforming additions. One small one hundred fifty-square-foot conforming first floor addition may be permitted on a substantially redeveloped and converted accessory building that is nonconforming as to the front, side, or rear setbacks for accommodation of unit ingress and egress.

4. New construction combined with replacement of a nonconforming accessory structure. The construction of an accessory dwelling unit may be combined with the demolition and replacement of a detached accessory structure that is nonconforming as to the front, side, or rear setbacks if all of the following requirements are met:
a. The new accessory structure is reconstructed in the same location and with the same dimensions as the existing accessory structure; or
b. The accessory dwelling unit and any additions to the accessory structure shall conform with setbacks of this section; and
c. The new accessory structure shall comply with all applicable height and all other development standards of this section.
(Ord. 758, §§ 3, 4, 1-23-2023)
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14.72.060 Design review.

All accessory dwelling units or junior accessory dwelling units shall be subject to the following architectural design criteria as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the community development director or the director's designee. Design standards in the base zone district shall apply where they do not conflict with this section or state law. For purposes of this section, portions of a building or site considered to be the accessory dwelling unit shall include all of the contiguous interior livable floor area of the accessory dwelling unit and any exterior alterations directly attached to, and integral to, the livable floor area of the accessory dwelling unit.

A. Prohibition of shiny roofing and siding. New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited.

B. Grading. No more than thirty cubic yards of grading on slopes of less than fifteen percent.

C. Height. An accessory dwelling unit shall not exceed the following, whichever is greater:

1. Height of the primary residential unit;

2. Number of stories of the primary residential unit; or

3. Sixteen feet.

This height limitation is not applicable to an accessory dwelling unit constructed above a garage; however, in no event shall the resulting building exceed the maximum height or number of stories allowed for a detached or attached accessory building in the zone.

4. Unless constructed over a garage, the new unit located in the front yard shall be:
a. No more than one-story and sixteen feet in height; and b. Screened from the street by location or landscape, as viewed from the street.

D. Design. New detached or attached accessory dwelling units shall utilize the design of the primary residential unit regarding style, fenestration, materials, colors, and details if the accessory dwelling unit meets any of the following:

1. Attached to, or if any portion of the accessory dwelling unit is located within twenty feet of, the primary residential unit;

2. Two stories tall, or twelve feet or taller in building height;

3. Located in the front yard or visible from a public street or public place.

4. Located on a site on which there is a historical resource as follows:
a. Listed on the National Register of Historic Places or the California Register of Historic Resources; or
b. Designated as a city of Carpinteria Landmark or Structure of Merit.

E. Front yard location. The construction of a new detached accessory dwelling unit located in the front yard shall be subject to all of the following: The new accessory dwelling unit must be located a minimum of twenty feet back from all front lot lines, or meet the minimum front setback for the zone in which the lot is located, whichever is greater, providing setbacks do not preclude construction of a special accessory dwelling unit.

F. Privacy standards. The construction of an accessory dwelling unit where any portion of the proposed construction is either: two or more stories tall or sixteen feet or taller in building height, shall comply with the following:

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1. Upper story unenclosed landings, decks, and balconies greater than twenty square feet, shall face the primary residential unit or the public right-of-way.

2. Upper story unenclosed landings, decks and balconies, that do not overlook the adjoining property due to orientation or topography, may be located at the minimum interior setback line if an architectural screening element such as enclosing walls, trellises, awnings or perimeter planters with an eight-foot minimum height is incorporated into the unenclosed landing, deck or balcony.

3. Upper story windows that face or overlook the adjoining property, located within fifteen feet of the interior lot lines, shall be installed with a minimum of seventy-two inches above finish floor.

G. Solar access. Newly constructed detached accessory dwelling units are subject to the energy code requirement to provide solar panels. The panels may be installed on the accessory dwelling unit or the primary residential unit. Accessory dwelling units that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to this requirement. (Ord. 758, §§ 3, 4, 1-23-2023)

14.72.070 Protection for historic resources.

No accessory dwelling unit or junior accessory dwelling unit shall be permitted if the proposal would cause a substantial adverse change in the significance of a historical resource that is listed or eligible for listing on the National Register of Historic Places, the California Register of Historical Resources, located in the downtown and Old Town District, or designated as a city of Carpinteria Landmark or Structure of Merit. The community development director shall make this determination by requiring additional information that the director determines is necessary, including, but not limited to, a historic resources report, to ensure that the proposal is consistent with city cultural and historic resource policies and as appropriate, the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
(Ord. 758, §§ 3, 4, 1-23-2023)

14.73.080 Parking standards.

Consistent with the requirements of the city's coastal land use plan policies, sufficient off-street parking must be provided for any new development and substantial redevelopment so as to avoid significant adverse impacts to public access to the shoreline and coastal recreation areas. Automobile parking, therefore, must be provided consistent with this section for lots developed with accessory dwelling units or junior accessory dwelling units, as follows:

A. Beach neighborhood overlay district. All required parking in the beach neighborhood overlay district shall be located based on:

1. The city's local coastal plan objective OSC-14 and policy OSC-14a, the city's final sea level rise vulnerability assessment and adaption plan identification of increasing coastal flood hazards in the beach neighborhood overlay district and given existing identified impeded traffic flow during flood events at neighborhood and Carpinteria State Beach parking lots.

2. The need to preserve coastal public access in this area, where specific vacation rental provisions are implemented under the LCP and high demand exists for coastal visitor-serving recreational opportunities, including coastal access parking.

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Parking may be located and designed consistent with D.3 of this section.

B. Primary residential units. Automobile parking for the primary residential unit shall be provided in compliance with Chapter 14.54, except as provided below.

1. Special procedures for conversion or demolition of existing covered parking to an accessory dwelling unit. When an existing garage, carport, or other covered parking structure is converted to an accessory dwelling unit or a junior accessory dwelling unit or demolished in conjunction with the construction of the unit, the required covered parking spaces that are displaced by the conversion or demolition shall not be required to be replaced.

2. Nonconforming conditions. If the accessory dwelling unit and/or junior accessory dwelling unit is developed in accordance with all the requirements of this chapter, and is a special accessory dwelling unit eligible for approval, nonconforming parking shall not be required to conform to current parking standards for new floor area associated with the unit(s).

C. Junior accessory dwelling units. No automobile parking is required for junior accessory dwelling units.

D. No parking required for certain dwelling units. The following types of accessory dwelling units are not required to provide parking if it meets all of the following criteria:

1. The accessory dwelling unit is located outside of ADU beach neighborhood overlay district based on the final sea level rise vulnerability assessment and adaption plan science-based identification of coastal hazards in the beach neighborhood overlay district, that presently occur along the seaward side of Sandyland Road, and with increasing hazards that are projected to occur in the district due to estimated sea level rise of one to five feet, between the present and through 2100.

2. The accessory dwelling unit meets at least one of the following measures that will sufficiently reduce the demand for off-street parking:
a. The accessory dwelling unit is located within a walking distance of one-half mile of an operational public transit stop, which shall include various means of transportation that charge set fees, run on fixed routes, and are available to the public; or b. The accessory dwelling unit is located within the downtown old town district; or c. The accessory dwelling unit is contained entirely within the permitted floor area of the existing primary residential unit or an existing accessory building; or d. When on-street parking permits are required but not offered to the occupants of the accessory dwelling unit; or
e. When there is a carshare vehicle located within five hundred feet of the accessory dwelling unit.

3. All other accessory dwelling units shall provide parking as below:
a. A minimum of one uncovered automobile parking space per unit or bedroom, whichever is less. Guest parking shall not be required for accessory dwelling units in any circumstance. b. The space may be provided as tandem parking on a driveway. c. Uncovered parking spaces may be located four feet from any interior lot line, provided a minimum of three feet in width of planting area is provided for the length of the paved parking area along the interior lot line.
(Ord. 758, §§ 3, 4, 1-23-2023)
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(Supp. No. 50)

14.72.090 Development standards for special accessory dwelling units.

Special accessory dwelling units, as defined in Section 14.72.020(a), shall be allowed, consistent with state law, in accordance with either subsection A or B, below, and shall conform to the development standards of subsection C, below. Design standards of the base zone district shall apply where they do not conflict with this section or state law.

A. Configuration—Dwelling, single family lots. A lot developed with only one existing or proposed single residential unit, may permit one of the following types of special accessory dwelling units:

1. Converted portion of main building. Only one accessory dwelling unit and/or junior accessory dwelling unit contained entirely within the fully enclosed existing floor area of the existing or proposed primary residential unit; or

2. Converted accessory building. Only one accessory dwelling unit contained entirely within the fully enclosed existing floor area of a garage or other accessory building on the same lot as the primary residential unit, plus one hundred fifty-square-foot conforming first floor addition, if the addition is limited to accommodating ingress and egress; or

3. One unit—New construction. One newly constructed accessory dwelling unit, detached from any other main or accessory building; or

4. Two units—Combination. One junior accessory dwelling unit contained entirely within the existing, legally permitted, fully enclosed livable floor area of the existing or proposed primary residential unit, plus one newly constructed, accessory dwelling unit, detached from any other main or accessory building.

B. Configuration—Dwelling, multiple family lots. A lot developed with two or more residential units may permit one of the following types of special accessory dwelling units:

1. Converted non-livable space. At least one accessory dwelling unit, and up to twenty-five percent of the existing number of multifamily structures (structure containing multiple dwelling units) on a lot, may be converted into a special accessory dwelling unit on the lot, if contained entirely within portions of fully enclosed existing floor area of a residential structure that is not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; or

2. Two units—New construction. No more than one newly constructed accessory dwelling unit, detached from any other main or accessory building, shall be allowed for lots with four of fewer units. For lots with greater than four units, no more than two newly constructed accessory dwelling units, detached from any other main or accessory building shall be allowed.

C. Development standards generally. The development standards listed in this section apply to specific types of special accessory dwelling units with certain size, height, and setback standards that, if followed, allow for a permit issued by the director of the community development department.

Further, no lot coverage, floor area ratio, open space, or minimum lot size shall preclude the construction of a special accessory dwelling unit.

1. Maximum unit size. The maximum unit size of a special accessory dwelling unit shall be eight hundred square feet.

2. Height. The maximum height of a special accessory dwelling unit shall be sixteen feet.

3. Setbacks. Rear yard and side yard setbacks shall be a minimum of four feet.

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(Supp. No. 50)

4. Parking. Except for accessory dwelling units or junior accessory dwelling units located in beach neighborhood overlay district, which is subject to Section 14.72.080, Parking standards, no replacement or additional parking shall be required.

5. Nonconformity. Correction of any existing or created nonconformity shall not be required, except that special accessory dwelling units shall not be allowed in buildings or structures that are nonconforming as to coastal resource protection policies or development standards of the LCP.

6. Rental term. No unit shall be rented for thirty days or less.

7. Fire sprinklers. Fire sprinklers are required in units where required for the primary residence.

8. Density. Units shall not be calculated as part of general plan/coastal land use plan density calculations.

9. Ownership occupancy. Special accessory dwelling units and junior accessory dwelling units shall conform to owner occupancy terms as defined in Section 14.72.040(D).

D. Development standards for conversion of existing or proposed primary single-family residence or accessory structure into a special accessory dwelling unit.

Except for accessory dwelling units located in beach neighborhood overlay district, which is subject to Section 14.72.080, Parking standards, no size limitation, height, setback, lot coverage, design review, landscape, or other development standard shall be required. The proposed unit shall be required to obtain a building permit.

E. Any reductions and exceptions in this section are for the express purpose of promoting the development and maintenance of a special accessory dwelling unit or junior accessory dwelling unit on the lot. If for any reason the accessory dwelling unit or junior accessory dwelling unit is no longer maintained on the lot, the lot shall be brought into compliance with all of the requirements for the remaining residential development, or with the legal nonconforming condition of the lot prior to the development of the accessory dwelling unit or junior accessory dwelling unit.

F. Applications utilizing the special accessory dwelling unit standards described in this section may not utilize the less restrictive configuration, size, and height standards allowed under another section to achieve a larger unit or more than one unit.

G. Except as otherwise specified in this section, special accessory dwelling units developed in accordance with this chapter shall otherwise comply with the development standards applicable to the housing type and base zone district in which the lot is located and all applicable state and local building codes. (Ord. 758, §§ 3, 4, 1-23-2023)

14.72.100 Processing requirements.

All accessory dwelling units and junior accessory dwelling units shall comply with applicable state and local building codes and shall require approval of either a coastal development permit without public hearing and a building permit, or an appealable coastal development permit and a building permit for units located within the zones governed by the California Coastal Commission Appeals Jurisdiction.

A. Residential density. An accessory dwelling unit or junior accessory dwelling unit is a residential use that is consistent with the existing coastal land use plan designation and zoning for lots within the allowable residential zones. Any accessory dwelling unit or junior accessory dwelling unit permitted pursuant to this section does not exceed the allowable density for the lot upon which the accessory dwelling unit or junior accessory dwelling unit is located.

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(Supp. No. 50)

B. Combined permits. If a permit application for an accessory dwelling unit or junior accessory dwelling unit is submitted at the same time as a permit application for a new single-unit dwelling, review of the permit for the accessory dwelling unit or junior accessory dwelling Unit application shall be delayed until the permit for the single-unit dwelling has been approved.

C. Permit approval. Except for applications to create an accessory dwelling unit or a junior accessory dwelling unit in the beach neighborhood overlay district, where the city determines that discretionary review is required, the city shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within sixty days from the date a complete application is submitted, if an existing primary residence or multifamily dwelling exists on the lot and the proposed accessory dwelling unit or junior accessory dwelling unit conforms to all applicable objective development standards of this chapter. If an applicant requests a delay, the application shall be deemed approved unless the city provides the applicant with notice within the sixty-day period that the application implicates Coastal Act/LCP policies such that it requires further review.

D. Building permit approval. The city shall ministerially approve or disapprove a complete building permit application for an accessory dwelling unit or junior accessory dwelling unit in compliance with time periods established by state law, following any applicable coastal development permit approvals.

E. Exemption for public improvements. No public improvements shall be required for the creation or conversion of an accessory dwelling unit or junior accessory dwelling unit.

F. Impact fees. Accessory dwelling units up to seven hundred fifty square feet are exempt from impact fees. Accessory dwelling units that are seven hundred fifty square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling.

In no event shall junior accessory dwelling units be charged impact fees.

G. School impact fees. School districts may levy impact fees for accessory dwelling units greater than five hundred square feet. Such fees should be based on city and school district coordination and evaluation, and findings of a district prepared nexus study to determine any appropriate fees necessary to ensure the adequacy of school facilities.

H. Recorded agreement. Before obtaining a building permit for an accessory dwelling unit or junior accessory dwelling unit, the property owner shall execute an agreement, containing a reference to the deed under which the property was acquired by the present owner which outlines the requirements regarding the sale, rental, and owner occupancy of lots developed with accessory dwelling units and junior accessory dwelling units as specified in Section 14.72.040 of this chapter and other applicable limitations in the Title 14 of the Carpinteria Municipal Code and city administrative policies applying to the applicable base zone district that shall run with the land.

I. Recorded deed restriction. As a condition of coastal permit approval for new development in the ADU beach neighborhood overlay district, and as required by the city zoning code and other applicable laws, ordinances, policies, practice and/or procedures, the city may require that an applicant record a deed restriction on the property to acknowledge and agree to certain conditions, including, but not limited to: 1) that the development is located in a hazardous area, or an area that may become hazardous in the future; 2) to assume the risks of injury and damage from such hazards in connection with the permitted development; 3) to unconditionally waive any claim of damage or liability against the city of Carpinteria and coastal commission, if the property is appealed, its officers, agents, and employees with respect to approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards; 5) that they have no rights under Coastal Act Section 30235 and related LCP policies to shoreline armoring in the future; 6) that sea level rise could render it difficult or impossible to provide services to the site (e.g., maintenance of roadways, utilities, sewage or water systems), thereby constraining allowed uses of the site or rendering it uninhabitable; Created: 2024-05-01 09:11:27 [EST]
(Supp. No. 50)

7) that the boundary between public land (tidelands) and private land may shift with rising seas, the structure may eventually be located on public trust lands, and the development approval does not permit encroachment onto public trust land; 8) any future encroachment must be removed unless the coastal commission determines that the encroachment is legally permissible pursuant to the Coastal Act and authorizes it to remain, and any future encroachment would also be subject to the state lands commission's (or other trustee agency's leasing approval; and 9) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe or if removal is required. (Ord. 758, §§ 3, 4, 1-23-2023)

14.72.110 Authority to review.

A. Coastal commission permit jurisdiction. Notwithstanding other permit and appeal provisions of this chapter, development proposals which are located on lands identified as tidelands, submerged lands or public trust lands as identified on the Post-LCP Certification Permit and Appeal Jurisdiction Map, City of Carpinteria, adopted by the coastal commission, shall require a coastal development permit from the coastal commission pursuant to California Public Resources Code Section 30519(b). Upon submittal to the city of an application for a coastal development permit, the community development director shall notify the applicant and the coastal commission of the determination that the project is within the retained permit jurisdiction of the coastal commission, and therefore, a state coastal development permit issued by the coastal commission is required for the development. In conjunction with the city's review and decision on the development in accordance with the requirements of this chapter and other city codes, the city shall also make a recommendation to the coastal commission regarding the development's conformance with the certified local coastal program, including this chapter. The city's determination of development conformance with the objectives and requirements of the local coastal program shall be advisory only and not a final action under this chapter. Development shall not proceed until the coastal commission grants a coastal permit for such a development.

B. Coastal commission appeals jurisdiction. Where an appealable coastal development permit is required pursuant to Section 14.48 of this title, the authority to review an application for a coastal development permit is designated to the community development director or the director's designee. In the appealable area, decisions of the director or the director's designee may be appealed to the coastal commission in accordance with Section 14.48. Actions on applications to construct accessory dwelling units within these areas shall be consistent with the provisions of the applicable zone and the policies and development standards of the city of Carpinteria's certified local coastal program and Chapter 3 of the California Coastal Act.

C. Discretionary review with appeals (ESHA and beach neighborhood overlay district.) Applications to create an accessory dwelling unit or a junior accessory dwelling unit in beach neighborhood overlay district, where the community development director or the director's designee determines that discretionary review is required, shall be processed with a coastal development permit, that may be appealed in accordance with section 14.78 of this chapter.

D. Coastal development permits without discretionary review. When a proposed accessory dwelling unit or junior accessory dwelling unit is not a special accessory dwelling unit and is located outside the coastal commission appeals jurisdiction, the beach neighborhood overlay district, and/or an environmentally sensitive habitat area, a coastal development permit application shall be required and the application shall be reviewed and approved by the community development director, or the director's designee, without a public hearing in accordance with Government Code Section 65852.2. The decision of the community development director, or the director's designee shall not be appealable and constitute the final action of the city.

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(Supp. No. 50)

E. Administrative coastal development permit for special accessory dwelling units. When a special accessory dwelling unit is proposed in conformance with 14.72.090 of this section and is located outside the coastal commission appeals jurisdiction, the beach neighborhood overlay district, and/or an environmentally sensitive habitat area, such unit shall be issued an administrative coastal development permit by the community development director or the director's designee without a public hearing in accordance with Government Code Section 65852.2 and not be appealable and constitute the final action of the city.

F. Building permits for junior accessory dwelling units. When a junior accessory dwelling unit is completely within the footprint of a single-family residence and is located outside the coastal commission appeals jurisdiction and/or the beach neighborhood overlay district, such unit shall be required to obtain a building permit to ensure compliance with building code and health and safety standards. (Ord. 758, §§ 3, 4, 1-23-2023)
Attachment F
Draft CEQA Notice of Exemption

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment G
Planning Commission staff report for
March 4, 2024
27471774.3
AGENDA ITEM #3
PROJECT 23-2231-ORD/LCPA

PLANNING COMMISSION

STAFF REPORT
MEETING DATE: March 4, 2024

ITEM FOR CONSIDERATION
Proposed Amendments to Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Ordinance
PROJECT 23-2231-ORD/LCPA
A report on proposed amendments to the City’s Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Ordinance, codified as Carpinteria Municipal Code, Title 14, Chapter 14.72, to implement recent State of California (State) enactment of housing laws to promote development of ADUs and JADUs. The presentation will provide an overview of changes imposed by recent State legislation, proposed new ordinance language, and components that involve General Plan and Coastal Land Use Plan policy consistency. City Staff is seeking Planning Commission review of proposed ordinance language, and a recommendation to City Council regarding adoption.

Report prepared by: Megan Musolf, Assistant Planner
Community Development Department ______________________________

SIGNATURE
Reviewed by: Nick Bobroff, Director
Community Development Department ______________________________

SIGNATURE
I. RECOMMENDATION

1. That the Planning Commission recommend that the City Council adopt the proposed Ordinance (Attachment A), amending Title 14 – Zoning, Chapter 14.72 of the Carpinteria Municipal Code to implement changes reflecting State ADU and JADU law.

2. That the Planning Commission recommend that the City Council determine that the proposed Ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of State Government Code Section 65852.2.

3. That the Planning Commission recommend that the City Council determine that the proposed Ordinance is categorically exempt from review under CEQA pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14) Section 15303, New Construction or Conversion of Small Structures, which includes “a second dwelling unit in a residential zone.” 27471774.3
Amendments to ADU and JADU Regulations
PC Hearing Date: March 4, 2024

II. EXECUTIVE SUMMARY
This report provides an overview to the Planning Commission on proposed amendments to the Carpinteria Municipal Code (“CMC”), Title 14 - Zoning, Chapter 14.72 - Accessory Dwelling Units and Junior Accessory Dwelling Units, that would implement recent state housing laws which promote development of Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”), as well as clarify some existing language, fix errors, and implement Program 2 from the City’s 2023-2031 Housing Element. The presentation will provide an overview of changes imposed by Senate Bill (“SB”) 897, Assembly Bill (“AB”) 2221, AB 976, AB 1033, and AB 1332; propose new Ordinance language; evaluate Coastal Act consistency; and provide Staff’s recommendations.

City Staff is seeking Planning Commission review of proposed ordinance language.

III. DISCUSSION
Background
State ADU law allows1local jurisdictions to apply local development standards to ADUs and JADUs when (1) those standards are adopted by local ordinance, and (2) the ADUs/JADUs do not conform to the requirements of Government Code section 65852.2(e). 2 ADUs and JADUs are allowed in zone
districts where residential and multifamily units are allowed, and may be subject to zoning regulations of the base zone district that are objective and consistent with State law.

In January 2023, City Council approved Ordinance No. 758, which rescinded and replaced in its entirety Chapter 14.72 of the Carpinteria Municipal Code (CMC), and minorly amended other chapters, in compliance with State laws regarding ADUs and JADUs. A copy of CMC Chapter 14.72, which reflects the City’s current ADU and JADU regulations, is included with this report as Attachment B. Since adoption of Ordinance No. 758, a total of 25 ADUs and 5 JADUs have been applied for, with 11 of those as of February 28, 2024 having completed all necessary reviews and obtained their respective building permits.

The State legislature continues to identify the production of ADUs and JADUs as an important tool to increase infill housing production, and continues to make further refinements to ADU and JADU law in an effort to support broader production of ADUs and JADUs statewide. Accordingly, in September 2022, the State legislature passed and the Governor signed into law SB 897 and AB 2221, which further amended state requirements for local government regulation of ADUs and JADUs. Again, in September 2023, the State legislature passed and the Governor signed into law AB 1033, AB 976, and AB 1332, further amending State laws relating to ADUs.

Over the past several years, the state legislature has passed a flurry of housing laws with the goal of increasing housing affordability and availability, an objective shared by the City. In an effort to do so, however, the state has increasingly eroded local agencies’ ability to regulate residential development, including ADUs. For example, the recently adopted SB 897 and AB 2221 increase the size and scope of ADUs that local agencies must allow under certain conditions, further streamline the permitting process for certain types of ADUs or JADUs, and further limit the circumstances under which an 1 Gov. Code, § 65852.2 (a)–(d).
2 ADUs that conform to Government Code section 65852.2(e) are categorized as “Special ADUs” under CMC Chapter

14.72. 27471774.3
Amendments to ADU and JADU Regulations
PC Hearing Date: March 4, 2024

application for an ADU or JADU may be denied. These laws also require that local agency ordinances apply objective standards to ADUs and JADUs. Charts detailing how recent changes to state ADU/JADU law affect the City’s current ADU/JADU regulations are included below.

Approach and Steps to Amend the ADU/JADU Ordinance
Staff have completed a draft of the proposed Ordinance that would amend Chapter 14.72 to incorporate recent changes to State law as identified in Tables 1 and 2, below. The draft Ordinance is provided as Attachment A. The draft Ordinance has been shared with California Coastal Commission (“CCC”) staff for their review and input to ensure consistency with the California Coastal Act (“Coastal Act”). Early review by CCC staff can help to streamline the Local Coastal Plan Amendment (“LCPA”) process, with the goal of seeking a “de minimis” waiver for final CCC certification. After Planning Commission’s review and initial CCC feedback, Staff will make any changes needed, and then bring the draft Ordinance to the City Council for consideration upon a first reading. Pending City Council adoption at first reading, the ordinance will be sent to CCC and the Department of Housing and Community Development (“HCD”) for their respective review and certification. Barring any major changes by CCC and/or HCD, the ordinance would then return to City Council for second reading and final adoption.

Summary of Changes to State Law and Proposed Changes to City Ordinance Table 1: Changes Implemented by SB 897 and AB 2221
New State Law Government Code Change Proposed3
1 Requires that the standards imposed on
ADUs and JADUs be objective. Such
standards include, but are not limited to,
parking, height, setback, landscape,
architectural review, maximum size of a
unit, and standards that prevent adverse
impacts on any real property that is listed
in the California Register of Historical
Resources. Excludes imposing
requirements on minimum lot size.

Defines “objective standards” as
“standards that involve no personal or
subjective judgment by a public official
and are uniformly verifiable by reference
to an external and uniform benchmark or
criterion available and knowable by both
the development applicant or proponent
and the public official prior to submittal.”
§ 65852.2(a)(1)(B)(i)
and 65852.2(j)(7).

Language in CMC §

14.72 currently meets the
requirement to impose
objective standards on
ADUs/JADUs. All
language added to or
revised in CMC § 14.72
must also adhere to this
requirement.
2 Prohibits denial of ADU permit
applications due to the correction of
nonconforming zoning conditions,
building code violations, or unpermitted
structures that do not present a threat to
§ 65852.2(d)(2). Proposed language added
to CMC § 14.72.035(D)
to specify that existing
nonconforming or
unpermitted structures
3 CMC citations in this column refer to Chapter 14.72 as proposed in Attachment A. 27471774.3
Amendments to ADU and JADU Regulations
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public health and safety and are not
affected by the construction of the ADU.
unrelated to ADU
construction shall not be
used as a reason to deny
an ADU application.
3 If a detached garage is being demolished
and replaced by an ADU, requires local
agency to review and issue a demolition
permit for the garage at the same time as
it reviews and issues the permit for the
ADU (within 60 days).
§ 65852.2 (a)(4) Language in CMC §

14.72.100(D) was added
to include a concurrent
garage demolition permit
as specified.
4 Increases the maximum height limitation
to 18 feet if the ADU is located within

0.5 mile walking distance of a major
transit stop or a high-quality transit
corridor, or if the ADU is detached and
on a lot that has an existing multifamily,
multistory dwelling.
§ 65852.2(c)(2)(D)(iiiii).Height requirements
throughout CMC Chapter

14.72 must be changed
from 16 feet to 18 feet for
ADUs within 0.5 mile
walking distance of a
major transit stop or a
high-quality transit
corridor, and for ADUs
detached and on a lot that
has an existing
multifamily, multistory
dwelling.

Staff recommends height
limits be increased from
16 feet to 18 feet
citywide. See discussion
on height, below, for
further details.
5 Increases the maximum height limitation
to 25 feet if the ADU is attached to a
primary dwelling. ADUs exceeding two
stories are not required to be permitted.
§ 65852.2(c)(2)(D)
(iv).

See discussion on height
below. Height
requirements throughout
CMC Chapter 14.72 must
be changed from 16 to 25
feet for ADUs attached to
a primary dwelling.
6 Provides that the construction of an ADU
does not constitute a Group R occupancy
change under the local building code,
except as found by an enforcement
agency.
§
65852.2(a)(1)(D)(viii).

Language in CMC §

14.72.050(M) was added
to ensure the construction
of an ADU does not
constitute a Group R
occupancy change under
the local building code,
except as found by an
enforcement agency.
27471774.3
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7 Prohibits the construction of an ADU
from triggering a requirement that fire
sprinklers be installed in the existing
primary dwelling.
§
65852.2(a)(1)(D)(xii).

Language in CMC §

14.72.050(E) was
amended to clarify that
ADU construction will
not trigger a requirement
for fire sprinklers in the
main residence.
8 Prohibits a local agency from rejecting
an application for an ADU because the
existing multifamily dwelling exceeds
applicable height requirements or has a
rear or side setback of less than 4 feet. If
the existing multifamily dwelling
exceeds applicable height requirements
or has a rear or side setback of less than 4
feet, a local agency is prohibited from
requiring any modification to the existing
multifamily dwelling to satisfy these
requirements.
§ 65852.2(e)(1)(D)(ii). Language in CMC §

14.72.090(C)(6) was
added to clarify that an
existing multifamily
dwelling that exceeds
applicable height limits or
that does not meet
minimum setbacks is not
grounds for rejection of
an application for an
ADU, and that
modifications to the
existing multifamily
dwelling cannot be
required to satisfy these
requirements.
9 Prohibits a local agency from imposing
any parking standards on an ADU that is
included in an application to create a new
single-family dwelling unit or a new
multifamily dwelling on the same lot,
provided that the accessory dwelling unit
meets other specified requirements.
§ 65852.2(d)(1)(F). Language in CMC §

14.72.080(D)(2)(f) was
added to ensure no
parking standards will be
required on an ADU that
is part of an application
for a new primary
residence that meets at
least one other
requirement in §

14.72.080(D)(2).
10 If the permitting agency denies an
application for an ADU or JADU,
requires the agency to return in writing a
full set of comments to the applicant with
a list of items that are defective or
deficient and a description of how the
application can be remedied by the
applicant.
§ 65852.2(a)(3)(B). Language in CMC §

14.72.100(C)(1) was
added to ensure these
written comments are
provided to the applicant
upon denial of an
ADU/JADU application.
27471774.3
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11 If a JADU does not include its own
bathroom, requires a JADU to include a
separate entrance from the main entrance
to the structure, and an interior entry to
the main living area.
§ 65852.22(a)(5)(B). Language in CMC §

14.72.050(D) was added
to ensure an interior entry
to the main living area is
included in JADUs
without a separate
bathroom.
12 Prohibits a local agency from denying an
application for a permit to create a JADU
due to the correction of nonconforming
zoning conditions, building code
violations, or unpermitted structures that
do not present a threat to public health
and safety and are not affected by the
construction of the junior accessory
dwelling unit.
§ 65852.22(d). Language in CMC §

14.72.035(D) was added
to specify that existing
nonconforming or
unpermitted structures
unrelated to JADU
construction shall not be
used as a reason to deny a
JADU application.
13 Prohibits a local agency from denying a
permit for an unpermitted ADU that was
constructed before January 1, 2018,
because, among other things, the unit is
in violation of building standards or state
or local standards applicable to ADUs,
unless the local agency makes a finding
that correcting the violation is necessary
to protect the health and safety of the
public or occupants.
§ 65852.23(a). Language in CMC §

14.72.050(M)(3) was
added to reflect this new
date and allowance for
permitting unpermitted
ADUs.
14 Prohibits limits on front setbacks that do
not permit the construction of at least an
800 square foot ADU, as specified.
§ 65852.2(c)(2)(C). Language in CMC §

14.72.055(A)(4) was
added to include front
setback exceptions to
allow for ADUs of at
least 800 square feet.

Table 2: Changes Implemented by AB 976, AB 1033, and AB 1332 New State Law Government Code Change Proposed
1 AB 976
Prohibits owner occupancy
requirements on ADUs.
§ 65852.2(a)(8) Current language in CMC §

14.72.040 states that an owner
occupancy requirement applies to
ADUs permitted after 1/1/2025
“unless otherwise prohibited by state
law.” Language in CMC §

14.72.040 was removed and edited
to clarify that there is no owner
occupancy requirement for ADUs.

An owner occupancy requirement
for JADUs remains.
27471774.3
Amendments to ADU and JADU Regulations
PC Hearing Date: March 4, 2024

2 AB 1033
Allows local agencies to adopt
an ordinance that would allow
ADUs to be conveyed
separately as condominiums, as
specified.
§ 65852.2(a)(10) At the discretion of City decision
makers, language in CMC §

14.72.040(A) could be added to
allow the separate sale of ADUs (not
JADUs) and the primary residence
as condominiums. Staff is not
recommending adoption of this
change. See separate conveyance
discussion, below, for more details.
3 AB 1332
Requires local agencies to
create a program for
preapproval of ADU plans.

Preapproved plans must be
posted on the agency’s website.

Agencies must approve or deny
ADU applications that utilize
preapproved plans within 30
days of receiving a complete
application.
§ 65852.27 Language was added to CMC §

14.72.100(E) to include the directive
that the City maintain an ADU plan
preapproval program and a 30-day
review period for qualifying
applications.

Minor “clean-up” edits are also included in the draft ordinance (Attachment A) to increase the clarity of ordinance language or to correct minor errors in the existing ordinance, including but not limited to the following:
• The capitalization of “Accessory Dwelling Unit” and “Junior Accessory Dwelling Unit” was made consistent throughout Chapter 14.72.
• The definition of “Special Accessory Dwelling Unit” was amended in Section 14.72.020(A) to clarify that Special ADUs are allowed on any property with an existing or proposed multifamily dwelling. • Section 14.72.090(A) was amended to clarify that a JADU shall always be allowed in addition to one Special ADU on a single-family lot.
• Text in section 14.72.090(C) was added to clarify the minimum allowed square footage of a Special ADU.
• Text in Section 14.72.110(F) was added to clarify a Coastal Development Permit is not required for a JADU— only a building permit.

IV. ENVIRONMENTAL
The proposed Ordinance is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of State Government Code Section 65852.2. The proposed Ordinance can also be found categorically exempt from review under CEQA pursuant to CEQA guidelines Section 15303, New Construction or Conversion of Small Structures, which includes “a second dwelling unit in a residential zone.” The draft Notice of Exemption is provided as Attachment D.
27471774.3
Amendments to ADU and JADU Regulations
PC Hearing Date: March 4, 2024

Although the ADU and JADU Ordinance is exempt from CEQA, the Ordinance contains provisions that may require discretionary review for individual ADU projects, which could subject projects to CEQA analysis on a case-by-case basis. This limited application of discretionary review includes ADU and JADU applications in the Beach Neighborhood Overlay District (as noted in Section 14.72.030 and 14.72.110) and/or in the Coastal Appeals Overlay District (Chapter 14.48).

V. ANALYSIS
Consistency with the California Coastal Act.

The City’s ADU/JADU regulations require compliance with both State ADU/JADU laws and the Coastal Act, given that the City is located entirely within the Coastal Zone. While many public planning agencies outside of the Coastal Zone are implementing State ADU laws by updating their housing programs or defaulting to the State’s requirements, local jurisdictions located wholly or partially within the Coastal Zone must also ensure compliance with state and locally certified coastal policies. The proposed amendments to the City’s ADU/JADU regulations aim to implement recently passed State housing laws that address acceleration of ADU and JADU housing production. Where actions may result in conflict with coastal resource policies, those that are most protective of significant coastal resources shall be prioritized (Pub. Res. Code § 30007.5).

Much of the effort to harmonize coastal resource policies and state ADU/JADU law was accomplished during the last round of updates to the City’s ADU/JADU ordinance, which went into effect in February 2023. The City’s current ADU/JADU regulations create a discretionary review process for ADUs/JADUs proposed in the Beach Neighborhood Overlay District (map provided as Attachment C), at the determination of the Community Development Director or his/her designee.

This allows for more careful consideration of coastal resources and related issues such as flood hazards, sea level rise, and public coastal access. The contemplated changes summarized in Tables 1 and 2, above, do not result in significant changes to the City’s current ADU/JADU policies that would negatively impact coastal resources. Considering that the prior round of updates to the City’s ADU/JADU ordinance included much more intensive changes to City regulations and was certified by the CCC as a de minimis LCPA, the current proposed changes to the ordinance are unlikely to be found at odds with state or local coastal resource protection policies, and CCC staff has indicated that the proposed subject amendments would likely thus qualify for a “de minimis” waiver.

Consistency with the 2023-2031 Housing Element
A key program in the City’s recently adopted 2023-2031 Housing Element is to support and facilitate the development of ADUs—more specifically, the City’s objective is to facilitate the construction of at least 112 ADUs citywide during the Housing Element’s planning period. Production of ADUs aligns with the Housing Element’s goals of providing affordable units in already-developed areas, as ADUs are generally more affordable due to their size and location. ADUs create “gentle density,” where the character of a neighborhood remains similar but additional housing units are added. For the 2023-2031 Regional Housing Needs Assessment (“RHNA”) allocation, the City must plan for 901 additional housing units from 2023 to 2031. Increasing ADU production by broadening the circumstances under which an ADU can be accommodated can help satisfy a larger amount of the City’s RHNA allocation and would thereby reduce the number of units that would otherwise need to be accommodated elsewhere in the City. Housing Element Program 2, Accessory Dwelling Units, 27471774.3
Amendments to ADU and JADU Regulations
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describes how the City will encourage and facilitate ADU development to add housing units to these areas. It notes that the City will review its ADU policies throughout the planning period, and take action when changes in State law prompt local ordinance revisions. Keeping the City’s ADU/JADU ordinance up to date with State law will help ensure current incentives and allowances are available to property owners to promote ADU development.

Program 2 also states that the City will “offer incentives such as fast-track processing and reduced processing fees when ADUs are voluntarily deed-restricted for low- or moderate-income persons.” To make progress toward implementing Program 2, staff intends to introduce a Resolution to the City Council for consideration that would grant such incentives to qualified ADU applicants. Staff is seeking the Commission’s input on potential incentives, and the Commission may wish to consider the following items:
• Resolution No. 5238, adopted by the City Council in 2010, reduced Development Impact Fees by 50% for housing projects providing 100% affordable units. Similarly, the City could offer a 50% reduction of building permit fees for deed-restricted affordable ADUs and/or JADUs.

The discount could be set on a sliding scale, where, for example, very low-income units are given a larger discount than low- or moderate-income units. • JADUs have an owner occupancy requirement and may provide less space and fewer amenities than an ADU, and the Commission may decide to suggest incentives accordingly. • Deed-restricting an ADU to lower-income rental rates limits the owner’s return on investment for the duration of the restriction. A shorter minimum qualifying duration of an affordability deed restriction may strengthen the incentive.
• ADUs receiving incentives during the permitting process could be subject to vacancy requirements, ensuring the affordable ADU is consistently occupied by lower-income residents.
• The City could offer a more streamlined application process, such as 30 days instead of the current 60, for deed-restricted ADUs.
• The Commission may wish to consider whether ADUs on single- versus multi-family lots should be incentivized differently and how incentives might differ.

Implementing Height Limitations
The adoption of SB 897 added two additional regulations concerning the allowed height of ADUs, as noted in Table 1, above, increasing the maximum allowed height to 18 or 25 feet if certain criteria apply. Notably, if an ADU is located within ½ mile walking distance of a major transit stop, State law requires a height limit of up to 18 feet. Staff recommends raising the citywide “baseline” ADU height limit from 16 to 18 feet, considering that a significant portion of the City is located within ½ mile walking distance of a major transit stop—the Amtrak station (see Figure 1 below). This would simplify language in Chapter 14.72.060, and a new provision for the 25-foot height limit for attached ADUs would still be added to comply with State law. Under Chapter 14.72 currently, ADUs can exceed 18 feet in height if the height of the primary residential unit is over 18 feet. In all zone districts which allow ADUs, the height limit is 30 feet. The Commission may provide feedback to Staff regarding the implementation of height regulations. 27471774.3
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PC Hearing Date: March 4, 2024

Figure 1: Approximate area within ½ mile walking distance of Amtrak station. (Excludes the Salt Marsh and State Park, which do not allow ADUs) Separate Conveyance as Condominiums
Previously, State law did not allow for ADUs to be sold separately from the primary residence, except for a narrow range of circumstances. AB 1033 (Attachment E) amends Gov. Code § 65852.2 and 65852.26 such that local agencies may adopt an ordinance to allow the separate conveyance of primary dwellings and ADUs, pursuant to certain requirements. These requirements include, but are not limited to:
• Condominiums (“condos”) must be created in accordance with the Subdivision Map Act and any local subdivision ordinance.
• A homeowner’s association must be created to ensure shared responsibility of common spaces and amenities.
• Each lienholder on the property must provide written consent to the condominium plan. • Local agencies must provide specified information on the separate conveyance of ADUs within any project submittal checklist or public information issued. • All utility providers for the property must be notified of the condo creation. 27471774.3
Amendments to ADU and JADU Regulations
PC Hearing Date: March 4, 2024

AB 1033 does not require the City to adopt such an ordinance, and based on current ADU applications and ADU use, Staff believes that such a provision is not necessary at this time. Instead, staff recommends a “wait and see” approach that monitors ADU trends, surveys the participation of other local jurisdictions in adopting such an ordinance, and gauges community interest prior to moving forward with provisions for separate conveyance of ADUs. However, the Commission retains the option to recommend separate conveyance of ADUs to the City Council.

VI. ACTION OPTIONS

1. The Planning Commission may recommend that the City Council adopt the proposed Ordinance (Attachment A), amending Title 14 – Zoning, Chapter 14.72 of the Carpinteria Municipal Code to implement changes reflecting State ADU and JADU law; and recommend that the City Council determine that the proposed Ordinance is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17, and categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures.

2. The Commission may recommend building the permit fee reduction amount and minimum qualifying affordability deed restriction time limit for ADUs that are voluntarily deed restricted for low- or moderate-income households.

3. The Commission may choose not to provide specific recommendations to the City Council at this time. Staff would bring the proposed ordinance to the City Council, who would receive a staff report and may then provide staff with direction on proposed amendments and/or approve a first reading.

4. The Commission may recommend revisions to the proposed Ordinance and/or proposed Notice of Exemption, and request that the item be brought back to the Commission for further consideration at a future hearing.

VII. ATTACHMENTS
Attachment A: Proposed Ordinance
Attachment B: CMC Chapter 14.72 (Current ADU/JADU Regulations) Attachment C: ADU Beach Neighborhood Overlay District Map Attachment D: Draft CEQA Notice of Exemption
Attachment E: Assembly Bill 1033 (2023)
Attachment H
Planning Commission minutes of
March 4, 2024

MINUTES, PLANNING COMMISSION

CITY OF CARPINTERIA

CARPINTERIA, CALIFORNIA
March 4, 2024
Regular Meeting
5:30 P.M.

CALL TO ORDER and ROLL CALL
The meeting was called to order at 5:30 p.m. by Chair La Fevers.

Commissioners Present:

Glenn La Fevers, Chair
David Allen, Vice-Chair
Jane L. Benefield
John Moyer
Katherine Salant
Others Present:

Nick Bobroff, Community Development Director
Brian Banks, Principal Planner
Mindy Fogg, Principal Planner
Megan Musolf, Assistant Planner
Mack Carlson, Legal Counsel, Brownstein, Hyatt, Farber & Schreck

CALL TO ORDER &

ROLL CALL
PLEDGE OF ALLEGIANCE - Chair La Fevers led the flag salute. PLEDGE INTRODUCTIONS, PRESENTATIONS, ANNOUNCEMENTS - None ANNOUNCEMENTS PUBLIC COMMENT - None PUBLIC COMMENT

CONSENT CALENDAR
1) Minutes of the regular Planning Commission meeting held February 5, 2024
Commissioner Salant said she had a statement about her comments on the Klentner project. In addition, she asked when the draft Conditions of Approval mentioned on page 8 by attorney Mack Carlson will be available for review. Community Development Director Nick Bobroff said they are ready and available for review at any time. She also asked when planning commissioners will be able to ensure the applicant has met the Conditions of Approval. Bobroff explained City Council has taken up an appeal of the project’s approval, which means it assumes authority and Planning Commission approval is no longer needed.

Commissioner Allen asked to replace the sentence under the Matters Presented section with the following one: The Open Space Advisory Board passed a motion urging the City Council to authorize funding for reinstating an additional Code Compliance position, and Commissioner Allen supports it, as well.

CONSENT CALENDAR
MINUTES, PLANNING COMMISSION March 4, 2024
Regular Meeting

Commissioner Benefield asked to remove the name Catherine Decker under Ex-parte Communications on page 2.

Chair La Fevers asked that Salant’s written document be provided and due to the extent of detail, for the minutes to be continued to the next meeting.

MOTION
Upon a motion by Commissioner Allen, seconded by Commissioner Benefield, the Planning Commission voted 5-0 to continue the minutes to the next meeting of April 1, 2024. Motion passed unanimously by voice vote.

NEW PUBLIC HEARING
2) Sanchez Residence Rebuild
Project # 23-2263-CUP/CDP
Address: 5091 Foothill Road
Applicant: Shawn Godkin, architect, for Laura Sanchez
Planner: Brian Banks
Hearing on the request of Shawn Godkin, architect, for Laura Sanchez to consider Project 23-2263-CUP/CDP (application filed November 21, 2023) for approval of a Conditional Use Permit and a Coastal Development Permit to allow demolition and reconstruction of an existing legalnonconforming single-family residence under the provisions of Carpinteria Municipal Code (CMC) §14.12 - Single-Family Residence Zone District, §14.62 - Conditional Use Permit, and §14.82 - Nonconforming Uses; and to approve an Exemption pursuant to §15302 and §15303 of the California Environmental Quality Act (CEQA) Guidelines. The application involves APN 004-006-013, addressed as 5091 Foothill Road.

DISCLOSURE OF EX-PARTE COMMUNICATIONS - None
Principal Planner Brian Banks presented the staff report and reviewed action options.

Commissioner Salant asked why the placement of the house on the lot was not being reconfigured to conform given that it is being demolished. She asked how much of the foundation is being replaced.

Mr. Banks said the site is maxed out and relocating the house would conflict with the driveway and requirement for two covered parking spaces.

He explained that moving it would result in exchanging one nonconforming setback for another. About the foundation, he explained why upgrades are needed but suggested the architect provide better details.

NEW PUBLIC

HEARING
MINUTES, PLANNING COMMISSION March 4, 2024
Regular Meeting

PUBLIC HEARING OPENED
Property owner Laura Sanchez gave background information on the house built by her grandparents in 1931. She said as a bi-racial couple, nobody would rent to them, so they were forced to build on farmland on the outskirts of town. She explained a miscommunication led to demolishment of the house. She shared why it is important to her to preserve as much of the original details as possible.

Project Architect Shawn Godkin explained that the permitting process required a soils report. He said based on the findings that the rest of the foundation will need to come out for soil re-compaction.

Commissioner Moyer said he can easily make the findings, and it constitutes rehabilitating housing stock, which is important right now. He commented that he was moved by the applicant’s story.

Commissioner Salant suggested that Ms. Sanchez get a historic plaque and try to get the home on a list of historic places. She said preserving original wood and features will give it character that a brand-new home won’t have.

Commissioner Allen expressed support and said he could easily make the findings.

Commissioner Benefield said she loves small houses and has lived in 400 square foot ones. She now lives in one three times bigger, and bigger houses just accumulate more junk. She has no problem approving the project, she said.

Chair La Fevers expressed support.

MOTION
Upon a motion by Commissioner Benefield, seconded by Commissioner Moyer, the Planning Commission moved to adopt Resolution PC-24-003 for a rebuild of the residence at 5091 Foothill Road, according to the staff recommendation. The motion passed unanimously by voice vote.

BREAK – Chair La Fevers called for a 2-minute recess.

PUBLIC HEARING CLOSED
MINUTES, PLANNING COMMISSION March 4, 2024
Regular Meeting

3) Amendments to the City’s Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations
Project # 23-2231-ORD/LCPA
Address: Citywide
Applicant: City of Carpinteria
Planner: Mindy Fogg
Hearing at the request of the City of Carpinteria for the Planning Commission to receive a staff report on proposed amendments to Carpinteria Municipal Code Chapter 14.72- ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, and to provide recommendations to the City Council regarding adoption of the changes, as determined appropriate.

Attorney Mack Carlson clarified that ex-parte disclosures for legislative items are not needed.

Assistant Planner Megan Musolf presented the staff report. She provided background information on the ADU Ordinance, as well as details related to new state laws, the update process, CEQA/environmental impacts (local ordinances are exempt) and Coastal Act considerations. She said Planning Commission feedback was needed on height restrictions, separate conveyance of ADUs, Housing Element incentives for affordable ADUs and any other concerns or questions. She reviewed the Planning Commission’s options.

PUBLIC HEARING OPENED & CLOSED – No speakers came forth but it was noted a letter was received from CalHDF.

Attorney Mack Carlson spoke about a letter received from the California Housing Defense Fund (CalHDF) that raised a number of issues: 1) It asked for clarification whether commercial floor area in a mixed-used multifamily development can be converted to an ADU unit. Carlson explained the city is recommending that it cannot be allowed due to the importance of preserving visitor-serving commercial areas and harmonizing state ADU law with the Coastal Act. 2) It questioned whether design standards suggested by the city are sufficiently objective. Carlson said the Planning Commission can recommend a further study to see if they can be made more objective. 3) It stated the city’s solar panel access ordinance is unlawful. Carlson said we do not see a conflict with our ordinance which is referring to state building code standards.

Commissioner Allen said he believes our design standards are very important, and he hopes the city will make them as clear and defensible as MINUTES, PLANNING COMMISSION March 4, 2024
Regular Meeting

possible.

Commissioner Salant said if it creates undue hardship to use the same materials for an ADU as the main house, we should allow for a substitution that is aesthetically compatible.

Attorney Mack Carlson explained that the City’s ordinance is currently drafted so if the design matches the existing residence, the applicant goes through the ministerial process. If it doesn’t align, the applicant has the option to redesign with the primary residence or take it to the ARB for design approval.

Commissioner Moyer commented that the on-the-shelf sets are a very distinct architectural style.

Community Development Director Nick Bobroff said they won’t fit with every residence, but there is enough variety that one set can somewhat closely match the materials of the primary residence.

Commissioner Benefield said she is not totally in favor of matching designs. Commissioner Moyer agreed.

Discussion followed about solar panel requirements. Assistant Planner Musolf explained if the existing building has enough array to cover all the energy consumption, maybe they can get away without adding more, but in most cases it would need more. Bobroff described the solar requirement process and clarified there is no need to further elaborate about it because it is already addressed in the state building code.

The legislative intent of the new state ADU law and how it is better designed for big cities was discussed. Regarding a comment from Commissioner Allen that the few stops Amtrak makes do not create reliable inexpensive transportation for our residents, Bobroff said the law is looking toward the future when more stops are added.

Commissioner Benefield added that many of these laws are written by big city people. She noted L.A. has all kinds of ways to get places, so it makes sense for them. She said that philosophy doesn’t work for a small town, and we should make some effort to push back on that.

Commissioners were asked to give feedback on the following topics:

Height restrictions, separate conveyance of ADUs, Housing Element incentives for affordable ADUs, and other concerns.

MINUTES, PLANNING COMMISSION March 4, 2024
Regular Meeting

Raising the ADU Baseline Height Limit From 16 to 18 feet In response to questions, Assistant Planner Megan Musolf clarified details on the height limits. Among other things, she explained an applicant can choose the most permissive height allowed under the law.

Chair La Fevers expressed support for 18 feet citywide. He suggested that on p. 15 of the ordinance, under item F, privacy standards, that 16 feet be changed to 18 feet. He said they are good with the 18 and 25 feet as stated in the ordinance.

Separate Conveyance of ADUs as Condominiums
Chair La Fevers expressed that he wouldn’t support separate conveyance at this time. He said he agrees with staff to consider it at a future date but not in this ordinance update. The commissioners agreed.

Commissioner Benefield expressed concern about the ADUs needing to comply with subdivision maps, and Musolf affirmed that they would have to comply.

Commissioner Salant noted issues, such as easement, noise, etc., that could arise between homeowners. Bobroff acknowledged the concerns and said CC&Rs would be needed for the individual condominiums.

Housing Element Incentives for Deed Restricted (Affordable) ADUs Chair La Fevers said he is interested in discussing incentives but would need more information about crafting them. He doesn’t want to get bogged down in an incentive program at this time and wants to get tonight’s ordinance off the City’s plate.

Commissioner Salant pointed out that with any improvement property taxes go up, and taxes are already very high here. Bobroff said he didn’t know if a tax incentive would be beyond their purview.

Language Clarifications or Minor Changes
Discussion took place about the sprinkler requirements on ADUs, and Chair La Fevers pointed out these requirements make building ADUs more expensive. Bobroff clarified that the City’s ordinance would only require fire sprinklers in ADUs when the primary dwelling requires fire sprinklers, but that the fire district may require otherwise. He also brought to staff’s attention that language related to the fire sprinkler requirements in Sections

14.72.050 and 14.72.090 was not consistent. Musolf confirmed that the MINUTES, PLANNING COMMISSION March 4, 2024
Regular Meeting

requirements were the same, but that staff would standardize the language in both sections.

Commissioner Moyer expressed appreciation for simpler times, such as when Pete Sanchez built the home Laura Sanchez spoke about.

Discussion followed about occupancy requirements. Commissioner Salant pointed out you can have 2 units on one lot with residential households that are not owner occupied, and it can be quite disruptive with turnover, especially when they become vacation rentals during the summer.

Assistant Planner Megan Musolf elaborated on short-term rental occupancy requirements, noting that a JADU requires an owner on site. Bobroff agreed with Salant about the disruption but explained we are hemmed in under state law. 30-day leases allow landlords and tenants the ability to have month-to-month leases, and it is legal to rent a unit for 31 days at a time.

Principal Planner Mindy Fogg and Attorney Mack Carlson provided details in response to questions about CEQA/Environmental exemptions for ADUs. Bobroff added the state has required a whole suite of exemptions from CEQA review to streamline the building process. Musolf clarified ADUs can still be subject to a discretionary review and CEQA analysis, such as in the case of impacts to environmental habitats or coastal access.

MOTION
Chair Allen moved that the Planning Commission recommend that the City Council adopt the proposed Ordinance (Attachment A), amending Title 14 – Zoning, Chapter 14.72 of the Carpinteria Municipal Code to implement changes reflecting State ADU and JADU law; and recommend that the City Council determine that the proposed Ordinance is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17, and categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, in addition to minor edits.

Edits include updating privacy standards to match the same 18-foot height language (page 15) and clarifying fire sprinkler language under ADUs and special ADUs for consistency (page 10).

Commissioner Benefield seconded the motion. Motion passed 5-0 by the following roll call vote: Moyer voted yes, Salant voted yes, Benefield voted yes, Allen voted yes, and La Fevers voted yes.

Assistant Planner Megan Musolf asked for more feedback regarding Housing Element incentives. Chair La Fevers said he does not have enough MINUTES, PLANNING COMMISSION March 4, 2024
Regular Meeting

information to make recommendations to the City Council but agrees we should look at it. Commissioner Allen noted most incentives require budgetary considerations because they will likely come at a loss to the city.

Commissioner Benefield said she feels the ADU program is enough. Moyer said he is willing to kick it down the road. La Fevers expressed concern that an incentive program could lead to ADUs in areas of the city that are not in its best interest.

OTHER BUSINESS - None OTHER BUSINESS

MATTERS PRESENTED BY COMMISSIONERS
Commissioner Salant said she would like a consolidated list of the rules under which the Planning Commission operates.

MATTERS

PRESENTED
DIRECTOR’S REPORT
4) City Calendar for the month of March 2024
5) Planning Activity Report as of February 29, 2024
6) Building Permit Report as of February 29, 2024
Community Development Director Nick Bobroff reviewed the materials.

DIRECTOR'S REPORT

ATTENDANCE OF PLANNING COMMISSIONERS FOR THE
NEXT MEETING OF MONDAY, April 1, 2024 – All present indicated they could attend.

ATTENDANCE FOR

NEXT MEETING
ADJOURNMENT – Chair La Fevers adjourned the meeting at 7:52 p.m. ___________________________
Secretary, Planning Commission
ATTEST:
___________________________
Chair, Planning Commission

ADJOURNMENT
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
July 8, 2024

ITEM FOR COUNCIL CONSIDERATION
Ordinance No. 784, an Ordinance of the City Council of the City of Carpinteria, California, Amending Chapter 2.08 City Manager of Title 2 (Administration and Personnel) and Chapter 3.32 Purchasing Systems of Title 3 (Revenue and Finance) of the Carpinteria Municipal Code Regarding Purchasing System, and Resolution No. 6341, Approving and Adopting the City’s Procurement Policy.

STAFF RECOMMENDATION

1. Introduce and approve Ordinance No. 784, as read by title only, and continue the second reading of the ordinance for adoption to July 22, 2024; and

2. Approve and adopt Resolution No. 6341, the City’s Procurement Policy.

Sample Motion: I move to

1. Approve and waive first reading of Ordinance No. 784, as read by title only, and continue the second reading for adoption to July 22, 2024, and;

2. Adopt Resolution No. 6341, approving the City’s Procurement Policy. (Requires reading of ordinance title and a roll call vote.)

BACKGROUND
The Carpinteria Municipal Code (CMC), Chapter 3.32 Purchasing System underwent review by City Staff, with recommended revisions subsequently discussed with the Budget/Finance Committee on May 23, 2024. These recommendations propose renumbering existing chapters within the CMC and introducing two additional chapters.

Furthermore, new standalone policies for Procurement and Credit Card Usage are to be created as part of these revisions. The Credit Card Usage Policy is scheduled to be presented at a future City Council meeting.

Amending CMC and Procurement Policy
July 8, 2024

During last year's City audit, it was noted that the existing CMC Chapter 3.32 Purchasing System lacks clear differentiation between public projects and general procurement of goods, equipment, and services. The audit recommended updating our procurement processes and procedures to enhance transparency and accountability in managing the City's operational costs effectively.

The purpose of this agenda item is for the City Council to consider and approve municipal code amendments related to procurement, and to consider and approve the City’s Procurement Policy (Attachment B - Exhibit 1).

DISCUSSION
Ordinance 784 - Amendment to CMC Chapter 2.08 City Manager City staff recommends amending Section 2.08.150, subsection B, within Chapter 2.08 City Manager of Title 2 (Administrative and Personnel) of the CMC to increase the City Manager’s contracting authority from thirty thousand ($30,000) to fifty thousand ($50,000). No other changes are proposed for this section or chapter.

Subsection B is modified to read as follows:

2.08.150 - Authority to sign written contracts, draw warrants on the city treasury, and sign instruments requiring city seal.

B. The city manager or his/her designee shall be authorized to execute contracts of fifty thousand dollars ($50,000) or less without prior approval of the city council where the amount of such contract is within a budgeted appropriation. The city manager or his/her designee may bring such contract to the city council for approval. Contracts exceeding fifty thousand dollars shall be approved by the council prior to execution.

Ordinance 784 - Amendment to CMC Chapter 3.32 Purchasing System City staff recommends the reorganization of and amendments to specific provisions of Chapter 3.32 Purchasing Systems, within Title 3 (REVENUE AND FINANCE) of the CMC aimed at enhancing the effectiveness and efficiency of the procurement process.

First, staff proposes renumbering Chapter 3.32, titled “Purchasing System,” to a new Chapter 3.30 and moving the bulk of its provisions to the new Procurement Policy. This change will accommodate the addition of two new chapters. Chapter 3.30 (“Purchasing System”) shall consist of a single section that reads as follows:

3.30.010 Adoption of purchasing system.

To establish efficient procedures for purchasing supplies, equipment, and services at the lowest possible cost while ensuring necessary quality, and to exercise positive financial Amending CMC and Procurement Policy
July 8, 2024

control over purchases through clearly defined purchasing authority, the City of Carpinteria’s purchasing system shall adhere to the procurement policy adopted by the City Council and set forth in the City’s Administrative Services Policies and Procedures.

Attachment C presents a redline version that compares the language of the new Chapter

3.30 with that of the former Chapter 3.32.

Ordinance 784 – Addition of CMC Chapter 3.31 Public Project Bidding City staff recommends the establishment of a new Chapter 3.31, titled "Public Project Bidding," to facilitate the implementation of Uniform Public Construction Cost Accounting Act standards. Currently, these provisions are integrated within Chapter 3.32; however, separating them from operational procurement processes aligns with best practices for public bidding requirements.

The new Chapter 3.31 will read as follows:

3.31.010 - Purpose.

This chapter is enacted for the purpose of implementing the Uniform Public Construction Cost Accounting Act ("Act") (Public Contract Code section 22000 et seq.) and the policies and procedures of the California Uniform Construction Cost Accounting Commission ("Commission"). The City elected, via Resolution No. 4603, to become subject to the Uniform Public Construction Cost Accounting Procedures on May 22, 2000.

3.31.020 - Public project bidding requirements.

The cost limitations and circumstances for determining whether a public project may be performed by force account, negotiated contract, purchase order, informal bidding, or formal bidding are those set forth in the Act.

3.31.030 - Informal bidding procedures.

Public projects in amounts established by Public Contract Code section 22032, as it may be amended from time to time, that are subject to informal bid procedures may be let to contract as follows:

A. Contractors List. The City will develop and maintain a list of contractors in accordance with section 22034 of the Act and the criteria established by the Commission.

B. Notice to Contractors. The City will solicit bids by written request to contractors licensed and experienced for the type of public work to be performed from the City's list of qualified contractors established pursuant to this section. Qualified contractors on the list for the category of work to be performed and all construction Amending CMC and Procurement Policy
July 8, 2024

trade journals specified by the Commission pursuant to section 22036 of the Act will be mailed a notice inviting informal bids unless the product or service is proprietary.

C. Form of Notice. The notice inviting informal bids must describe (1) the project in general terms, (2) how to obtain more detailed information concerning the project, and (3) state the time and place for the submission of bids.

D. The mailing of notices to such qualified contractors and construction trade journals shall be completed not less than 10 calendar days before bids are due.

E. Award of Contract. The award of the contract may be made to the lowest responsible bidder. If two or more bids are the same and the lowest, the City may accept the one it chooses. If all bids received are in excess of the amounts permitted for informal contracts, an award may be made pursuant to Public Contract Code section 22034.

F. Rejection or Absence of Bids. The City reserves the right to reject any and all bids presented. If the City rejects all bids received and after reevaluating its cost estimate of the project, it may either abandon the project, readvertise for bids, or by passage of a resolution by 4/5 vote of the council declare the project may be more economically performed by City employees and have the project done by force account. If no bids are received, the public project may be performed by City employees by force account or by negotiated contract.

3.31.040 - Formal bidding procedures.

Public projects that exceed the maximum permitted amount under the Act for informal bidding and are not otherwise exempt must be let to contract by formal bidding procedures in accordance with the Act and other applicable provisions of the Public Contract Code.

Notice inviting formal bids shall be in accordance with Public Contract Code section 22037.

3.31.050 - Delegation of authority to award contracts.

The City Manager is authorized, without City Council approval, to award contracts pursuant to this chapter for a public project to be performed by force account, negotiated contract, purchase order, or informal bidding. Contracts to be awarded based upon formal bidding procedures must be approved by the City Council.

Ordinance 784 – Addition of new CMC Chapter 3.32 Surplus Personal Property City staff recommends the establishment of a new Chapter 3.32, titled "Surplus Personal Property," to streamline the process of disposing of City property that is no longer needed for public use. This new chapter will provide clear guidelines and procedures for Amending CMC and Procurement Policy
July 8, 2024

identifying surplus personal property, evaluating its condition and value, and determining the appropriate method of disposal, whether through sale, donation, or other means. By implementing this chapter, the City aims to ensure efficient management of its assets, reduce storage costs, and uphold transparency in the disposal process, thereby maximizing the benefits to the community.

The new Chapter 3.32 will read as follows:

3.32.010 – Authority
Surplus Personal Property belonging to the City shall be disposed of according to the provisions of this Chapter. Pursuant to the City’s Procurement Policy, the City Manager has the power and duty to dispose of the City’s Surplus Personal Property that is no longer required for public use.

3.32.020 - Surplus personal property defined.

For purposes of this Chapter, the following words and phrases shall be construed to have the meanings set forth in this Section, unless it is apparent from the context that a different meaning is intended:

A. “Personal property” means all property, other than real property, consisting of things that are temporary or moveable.

B. “Surplus” means personal property that: (1) Does not function in whole or in part; (2) Requires repair that is too costly or not feasible; (3) Is technologically or otherwise obsolete; (4) Worn out or at the end of its useful life; (5) Is otherwise no longer useful to the City; (6) Is not needed in the foreseeable future to meet City needs or responsibilities.

3.32.030 - Duty to report surplus personal property.

A. From time to time, the head of each department shall submit to the City Manager a list of personal property deemed surplus for the use of such department, and the same shall be known as Surplus Personal Property. The City Manager may transfer personal property deemed surplus by one department to another department of the City prior to disposing of it as provided in Section 3.32.040 of this Chapter.

B. Personal property purchased with grant funds may have inherent disposal requirements. Department heads should review grant documents to identify any specific restrictions related to the disposal, sale or re-use of Personal Property prior to notifying the City Manager of the item’s status as surplus. Absent any restrictions, Personal Property purchased with grant funds will be handled in the same manner as other Surplus Personal Property.

Amending CMC and Procurement Policy
July 8, 2024

3.32.040 - Disposal required.

A. The City Manager is authorized to sell or dispose of Surplus Personal Property having a salvage value in the open market by any means legally available including, but not limited to, the following: public auction; electronic auction or sale, including internet-based market places and consignment; competitive sealed bid; negotiated sale to other public or quasi-public agencies; or exchange or trade in for new goods or other personal property for use by the City. If the property designated as Surplus Personal Property has an estimated value greater than one hundred thousand dollars ($100,000.00), the City Manager shall dispose of such property as directed and provided by resolution of the City Council.

B. Surplus Personal Property should generally be sold at fair market value. Sales prices of less than fair market value should be supported by written justification supporting the reduced price. Extremely reduced pricing may require City Council approval.

3.32.050 - Property designated as having no value.

Surplus Personal Property that is determined by the City Manager to be unsalable or to have little or no estimated salvage or appraisal value, such that disposal by such means would result in unnecessary cost, effort or expense to the City, may be disposed of by the City Manager in any manner he deems appropriate, including but not limited to, recycling or disposing the same in an environmentally responsible manner. In the event of such disposal, the City Manager or his designee shall retain records of such disposition as provided in Section 3.32.060, below.

3.32.060 - Records.

The City Manager or his designee shall keep detailed records of all Surplus Personal Property that has been disposed of, including amounts received for the sale of surplus personal property, for a period of at least two years; and shall provide the City Council with an annual report of said dispositions, if any.

3.32.070 - Donations.

In addition to the methods of disposal listed in this Chapter, the City Manager may authorize the disposal of Surplus Personal Property through donation of such property to a governmental, public or quasi-public agency, or to a charitable or other nonprofit organization.

3.32.080 - Proceeds of sale.

Proceeds from the sale of Surplus Personal Property shall be deposited into the appropriate fund as determined by the Administrative Services Director.

Amending CMC and Procurement Policy
July 8, 2024

3.32.090 - Purchase or receipt of surplus personal property by city personnel prohibited.

No City officer or employee, or members of their immediate family, shall purchase City Surplus Personal Property sold in accordance with this Chapter, unless the same is offered to the general public (e.g., though auction services). In order to avoid a prohibited gift of public funds, no City officer or employee, or members of their immediate family, shall receive or accept City Surplus Personal Property that has been designated as having little or no value and/or which is intended for donation by the City in accordance with this Chapter.

Resolution No. 6341 - Adoption of Procurement Policy (Exhibit 1) The adoption of a comprehensive procurement policy is crucial for our municipality to enhance transparency, fairness, and efficiency in our procurement processes. A welldefined procurement policy establishes clear guidelines and procedures for acquiring goods, equipment, and services. It outlines the roles and responsibilities of staff involved in procurement, sets thresholds for different procurement methods, and ensures compliance with legal and regulatory requirements. By formalizing the City’s procurement policy, staff aim to promote competition among vendors, achieve cost savings through strategic sourcing, and mitigate risks associated with procurement activities. This policy will also foster accountability in decision-making and uphold ethical standards in the City’s dealings with suppliers and contractors, ultimately supporting the City’s commitment to responsible financial stewardship and delivering value to our community.

Financial considerations play a crucial role in shaping our procurement policy, influencing decisions that impact budgetary allocations, cost management, and overall fiscal responsibility. A well-crafted procurement policy takes into account the financial implications of procurement decisions, aiming to optimize value for money while adhering to budgetary constraints. By setting clear thresholds and criteria for procurement methods, such as competitive bidding and negotiated contracts, the policy seeks to secure competitive prices and favorable terms from suppliers and contractors.

Furthermore, robust financial controls and reporting mechanisms embedded within the policy ensure transparency in expenditure, tracking of costs, and accountability in resource allocation. A copy of Resolution No. 6341 containing the Procurement Policy is Attachment B.

POLICY CONSISTENCY
The proposed ordinance and resolution are consistent with:
• City Council Primary Goal #1 – Enhance Public Outreach, Education, and Transparency; and
• City Council Primary Goal #3 – Take Steps to Address the Fiscal Sustainability of the City.

Amending CMC and Procurement Policy
July 8, 2024

FINANCIAL CONSIDERATIONS
No financial impact.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed this Agenda item and will be available to answer questions at the meeting.

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
Attachment A: Ordinance No. 784
Attachment B: Resolution No. 6341 and Procurement Policy (Exhibit 1) Attachment C: CMC Chapter 2.08 City Manager and 3.32 Purchasing System -

CURRENT VERSION
Attachment D: CMC Chapter 2.08 City Manager and 3.32 Purchasing System -

REDLINE
Staff contact:

Licette Maldonado, Administrative Services Director
[email protected]; (805) 755-4448 Signature
Reviewed by: Ryan Kintz, Assistant City Manager
[email protected]; (805) 755-4400 Signature
Reviewed by: Michael Ramirez, City Manager
[email protected]; (805) 755-4450 Signature

ATTACHMENT A
Ordinance No. 784
ORDINANCE NO. 784

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA AMENDING CARPINTERIA MUNICIPAL CODE
CHAPTER 2.08 (CITY MANAGER); REPEALING AND REPLACING
CHAPTER 3.32 (FORMER “PURCHASING SYSTEM” WITH NEW
“SURPLUS PERSONAL PROPERTY”); AND ADDING NEW
CHAPTERS 3.30 (“PURCHASING SYSTEM”) AND 3.31 (“PROJECT
PUBLIC BIDDING”)
WHEREAS, staff recommends amending Section 2.08.150 within Chapter 2.08 (CITY MANAGER) of Title 2 of the Carpinteria Municipal Code (CMC) to increase the City Manager’s contracting authority from thirty thousand ($30,000) to fifty thousand ($50,000); and
WHEREAS, staff further recommends repealing and replacing Chapter 3.32 (“Purchasing System”) with a new Chapter 3.32 that will be titled, “Surplus Personal Property,” with provisions aimed at streamlining the process of disposing of City personal property that is no longer needed for public use; and
WHEREAS, a new Chapter 3.30 (“Purchasing System”) in Title 3 (REVENUE AND FINANCE) of the CMC is added to the CMC to enhance the effectiveness and efficiency of the procurement process; and
WHEREAS, a new CMC Chapter 3.31 (“Public Project Bidding’) is proposed for addition to the CMC to facilitate the implementation of Uniform Public Construction Cost Accounting Act standards.

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. AMENDING CHAPTER 2.08 (CITY MANAGER) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE CMC
Section 2.08.150 (“Authority to sign written contracts, draw warrants on the city treasury, and sign instruments requiring city seal”), subsection (B), in CMC Chapter 2.08 is hereby amended as follows (deleted text in strikethrough, added text in bolded italics):
“B. The city manager or his/her designee shall be authorized to execute contracts of thirty fifty thousand dollars ($50,000) or less without prior approval of the city council where the amount of such contract is within a budgeted appropriation. The city manager or his/her designee may bring such contract to the city council for approval. Contracts exceeding thirty fifty thousand dollars shall be approved by the council prior to execution.”
Ordinance No. 784

No other changes are proposed for this section or chapter. Except as explicitly provided herein, all other provisions of CMC Chapter 2.08 shall remain unchanged and in full force and effect.

SECTION 3. REPEALING AND REPLACING CMC CHAPTER 3.32.
(FORMERLY “PURCHASING SYSTEM”) WITH NEW CHAPTER 3.32 (“SURPLUS PERSONAL PROPERTY”) IN TITLE 3 (REVENUE AND FINANCE)
CMC Chapter 3.32 (“Purchasing System”) of Title 3 (“Revenue and Finance”) is hereby repealed and replaced in its entirety with a new Chapter 3.32, titled “Surplus Personal Property,” which shall read as follows:
“3.32.010 – Authority.

Surplus Personal Property belonging to the City shall be disposed of according to the provisions of this Chapter. Pursuant to the City’s Procurement Policy, the City Manager has the power and duty to dispose of the City’s Surplus Personal Property that is no longer required for public use.

3.32.020 - Surplus personal property defined.

For purposes of this Chapter, the following words and phrases shall be construed to have the meanings set forth in this Section, unless it is apparent from the context that a different meaning is intended:

A. “Personal property” means all property, other than real property, consisting of things that are temporary or moveable.

B. “Surplus” means personal property that: (1) Does not function in whole or in part; (2) Requires repair that is too costly or not feasible; (3) Is technologically or otherwise obsolete; (4) Worn out or at the end of its useful life; (5) Is otherwise no longer useful to the City; (6) Is not needed in the foreseeable future to meet City needs or responsibilities.

3.32.030 - Duty to report surplus personal property.

A. From time to time, the head of each department shall submit to the City Manager a list of personal property deemed surplus for the use of such department, and the same shall be known as Surplus Personal Property.

The City Manager may transfer personal property deemed surplus by one department to another department of the City prior to disposing of it as provided in Section 3.32.040 of this Chapter.

B. Personal property purchased with grant funds may have inherent disposal requirements. Department heads should review grant documents to identify any specific restrictions related to the disposal, sale or re-use of Personal Ordinance No. 784

Property prior to notifying the City Manager of the item’s status as surplus.

Absent any restrictions, Personal Property purchased with grant funds will be handled in the same manner as other Surplus Personal Property.

3.32.040 - Disposal required.

A. The City Manager is authorized to sell or dispose of Surplus Personal Property having a salvage value in the open market by any means legally available including, but not limited to, the following: public auction; electronic auction or sale, including internet-based market places and consignment; competitive sealed bid; negotiated sale to other public or quasi-public agencies; or exchange or trade in for new goods or other personal property for use by the City. If the property designated as Surplus Personal Property has an estimated value greater than one hundred thousand dollars ($100,000.00), the City Manager shall dispose of such property as directed and provided by resolution of the City Council.

B. Surplus Personal Property should generally be sold at fair market value.

Sales prices of less than fair market value should be supported by written justification supporting the reduced price. Extremely reduced pricing may require City Council approval.

3.32.050 - Property designated as having no value.

Surplus Personal Property that is determined by the City Manager to be unsalable or to have little or no estimated salvage or appraisal value, such that disposal by such means would result in unnecessary cost, effort or expense to the City, may be disposed of by the City Manager in any manner he deems appropriate, including but not limited to, recycling or disposing the same in an environmentally responsible manner. In the event of such disposal, the City Manager or his designee shall retain records of such disposition as provided in Section 3.32.060, below.

3.32.060 - Records.

The City Manager or his designee shall keep detailed records of all Surplus Personal Property that has been disposed of, including amounts received for the sale of surplus personal property, for a period of at least two years; and shall provide the City Council with an annual report of said dispositions, if any.

3.32.070 - Donations.

In addition to the methods of disposal listed in this Chapter, the City Manager may authorize the disposal of Surplus Personal Property through donation of such property to a governmental, public or quasi-public agency, or to a charitable or other nonprofit organization.

Ordinance No. 784

3.32.080 - Proceeds of sale.

Proceeds from the sale of Surplus Personal Property shall be deposited into the appropriate fund as determined by the Administrative Services Director.

3.32.090 - Purchase or receipt of surplus personal property by city personnel prohibited.

No City officer or employee, or members of their immediate family, shall purchase City Surplus Personal Property sold in accordance with this Chapter, unless the same is offered to the general public (e.g., though auction services).

In order to avoid a prohibited gift of public funds, no City officer or employee, or members of their immediate family, shall receive or accept City Surplus Personal Property that has been designated as having little or no value and/or which is intended for donation by the City in accordance with this Chapter.” SECTION 4. ADDITION OF A NEW CHAPTER 3.30 (“PURCHASING SYSTEM”) TO TITLE 3 (REVENUE AND FINANCE)
A new Chapter 3.30, titled “Purchasing System,” is hereby added to the CMC to read as follows:
"Chapter 3.30 - Purchasing System

3.30.010 – Adoption of purchasing system.

To establish efficient procedures for purchasing supplies, equipment, and services at the lowest possible cost while ensuring necessary quality, and to exercise positive financial control over purchases through clearly defined purchasing authority, the City of Carpinteria’s purchasing system shall adhere to the procurement policy adopted by the City Council and set forth in the City’s Administrative Services Policies and Procedures.”
SECTION 5. ADDITION OF A NEW CHAPTER 3.31 (“PUBLIC PROJECT BIDDING”) TO TITLE 3 (REVENUE AND FINANCE)
A new Chapter 3.31 (Public Project Bidding) of Title 3 (Revenue and Finance) is hereby added to the CMC to read as follows:
“3.31.010 - Purpose.

This chapter is enacted for the purpose of implementing the Uniform Public Construction Cost Accounting Act ("Act") (Public Contract Code section 22000 et seq.) and the policies and procedures of the California Uniform Construction Cost Accounting Commission ("Commission"). The City elected, via Resolution No. 4603, to become subject to the Uniform Public Construction Cost Accounting Procedures on May 22, 2000.

Ordinance No. 784

3.31.020 - Public project bidding requirements.

The cost limitations and circumstances for determining whether a public project may be performed by force account, negotiated contract, purchase order, informal bidding, or formal bidding are those set forth in the Act.

3.31.030 - Informal bidding procedures.

Public projects in amounts established by Public Contract Code section 22032, as it may be amended from time to time, that are subject to informal bid procedures may be let to contract as follows:

A. Contractors List. The City will develop and maintain a list of contractors in accordance with section 22034 of the Act and the criteria established by the Commission.

B. Notice to Contractors. The City will solicit bids by written request to contractors licensed and experienced for the type of public work to be performed from the City's list of qualified contractors established pursuant to this section. Qualified contractors on the list for the category of work to be performed and all construction trade journals specified by the Commission pursuant to section 22036 of the Act will be mailed a notice inviting informal bids unless the product or service is proprietary.

C. Form of Notice. The notice inviting informal bids must describe (1) the project in general terms, (2) how to obtain more detailed information concerning the project, and (3) state the time and place for the submission of bids.

D. The mailing of notices to such qualified contractors and construction trade journals shall be completed not less than 10 calendar days before bids are due.

E. Award of Contract. The award of the contract may be made to the lowest responsible bidder. If two or more bids are the same and the lowest, the City may accept the one it chooses. If all bids received are in excess of the amounts permitted for informal contracts, an award may be made pursuant to Public Contract Code section 22034.

F. Rejection or Absence of Bids. The City reserves the right to reject any and all bids presented. If the City rejects all bids received and after reevaluating its cost estimate of the project, it may either abandon the project, readvertise for bids, or by passage of a resolution by 4/5 vote of the council declare the project may be more economically performed by City employees and have the project done by force account. If no bids are received, the public project may be performed by City employees by force account or by negotiated contract.

Ordinance No. 784

3.31.040 - Formal bidding procedures.

Public projects that exceed the maximum permitted amount under the Act for informal bidding and are not otherwise exempt must be let to contract by formal bidding procedures in accordance with the Act and other applicable provisions of the Public Contract Code. Notice inviting formal bids shall be in accordance with Public Contract Code section 22037.

3.31.050 - Delegation of authority to award contracts.

The City Manager is authorized, without City Council approval, to award contracts pursuant to this chapter for a public project to be performed by force account, negotiated contract, purchase order, or informal bidding. Contracts to be awarded based upon formal bidding procedures must be approved by the City Council.” SECTION 6. EFFECTIVE DATE
This Ordinance shall be in full force and effect thirty (30) days following the second reading of the Ordinance. Before the expiration of fifteen (15) days following passage, this Ordinance shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View News, a newspaper of general circulation, published in the City.

SECTION 7. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 8. CEQA EXEMPTION
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15060(c)(3) (this activity is not a “project” as defined in § 15378) and 15060(c)(2) (this activity will not result in a direct or reasonably foreseeable change in the environment).

PASSED, APPROVED AND ADOPTED on July ____, 2024, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

Ordinance No. 784

ABSTAIN: COUNCILMEMBER(S):
________________________
Mayor, City of Carpinteria
ATTEST:
_________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on July ___, 2024.
_____________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
______________________________
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria

ATTACHMENT B
Resolution No. 6341 and Procurement Policy (Exhibit 1)
RESOLUTION NO. 6341

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA APPROVING AND ADOPTING A PROCUREMENT POLICY WHEREAS, pursuant to Article XIIIB of the California Constitution and Carpinteria Municipal Code (CMC) Title 3 (Revenue and Finance), it is the intent of the City Council to enhance the effectiveness of the procurement process; and WHEREAS, CMC Title 3 provides a mechanism to establish efficient procedures for purchasing supplies, equipment, and services at the lowest possible cost while ensuring necessary quality, and exercising positive financial control over purchases through clearly defined purchasing authority; and
WHEREAS, the City of Carpinteria intends to enhance its purchasing systems by adhering to a Procurement Policy, duly adopted by the City Council upon staff’s recommendation and set forth in the City’s Administrative Services Policies and Procedures.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1. The above recitals are true and correct, and incorporated herein by reference.

SECTION 2. The Procurement Policy, attached herein as Exhibit 1 and incorporated by reference, is hereby approved and adopted by the City Council.

SECTION 3. Pursuant to City’s Procurement Policy, the City Manager is designated as the Purchasing Officer and may delegate the administration of the Policy.

PASSED, APPROVED AND ADOPTED on July 8, 2024, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):
________________________
Mayor, City of Carpinteria
Resolution No. 6341

ATTEST:
______________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on July 8, 2024. ______________________________
Brian C. Barrett, CMC, 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
EXHIBIT 1: Procurement Policy
EXHIBIT 1 TO RESOLUTION NO. 6341
Administrative Services Department
Procurement Policy
Table of Contents
Purpose .........................................................................................................................................1 Policy.............................................................................................................................................1 Section A. Ethical Standards ......................................................................................................2 Section B. Procurement Manual.................................................................................................2 Section C. Responsibilities of the Purchasing Officer .................................................................2 Section D. Responsibilities of the Operating Department ...........................................................3 Section E. Vendor Relations.......................................................................................................4 Section F. Unauthorized Purchases ...........................................................................................4 Section G. Purchasing Thresholds .............................................................................................5 Section H. Purchasing Methods .................................................................................................5

1. Purchase Orders...............................................................................................................5

2. Blanket Purchase Orders..................................................................................................6

3. Contracts ..........................................................................................................................6

4. Contract Amendments ......................................................................................................6

5. Cooperative Purchasing....................................................................................................7

6. Piggybacking ....................................................................................................................7

7. Sole Source Purchases ....................................................................................................8

8. Urgency Purchases...........................................................................................................8

9. Emergency Purchases......................................................................................................8 Section I. Professional Services .................................................................................................8 Section J. Bidding.....................................................................................................................10

1. No Bid Required .............................................................................................................10

2. Informal Bid Purchases...................................................................................................10

3. Formal Bid Purchases.....................................................................................................11

4. Bid Splitting.....................................................................................................................12

5. Rejection of Bids.............................................................................................................12

6. Tie Bids...........................................................................................................................12

7. Bid Protest ......................................................................................................................12

8. Exemption from Bidding..................................................................................................13 Section K. Information Technology Purchases .........................................................................14 Section L. Environmentally Preferable Procurement Policy ......................................................14 Section M. Uniform Guidance Federal Procurement Standards................................................15 Section N. Surplus Personal Property ......................................................................................17 Section O. Credit Card Usage ..................................................................................................18 Section P. Definitions ...............................................................................................................18

CITY OF CARPINTERIA

COUNCIL POLICY

PROCUREMENT POLICY

PURPOSE
The purpose of this policy is to ensure continuity and uniformity in the City of Carpinteria’s purchasing practices and to provide departments with guidelines to operate purchasing practices within legal regulations and defined responsibilities of the Administrative Services Department Purchasing Team and operating departments. The purpose of this policy is to create a uniform, structured, and fair process for acquiring goods, equipment, and services, ensuring that public funds are used efficiently and ethically while adhering to related City policy (e.g., Environmentally Preferable Procurement Policy, local, woman, and/or minorityowned business preference, etc.), and complying with legal and regulatory requirements.

This policy is not intended to address every situation that may arise in the course of procurement activities. The basic standard that should always prevail is to exercise good judgment in the use and stewardship of City resources, including keeping within the budget authorized by the City Council.

POLICY
The policy contained herein was developed under the authority of Chapter 3.30 of Title 3 of the Carpinteria Municipal Code (CMC). The City Manager is designated as the Purchasing Officer for the City and may delegate the administration of this Policy. The Purchasing Officer maintains authority and the responsibility to coordinate and manage the purchase of the City’s goods, equipment, and services according to this Policy.

The policy outlined herein is to be adhered to by the Purchasing Officer and all departments when purchasing goods, equipment, and services. This Policy promotes decision-making that incorporates prudent review and internal control procedures, while maintaining departmental responsibility and flexibility in evaluating, selecting, and purchasing goods, equipment, and services.

Pursuant to Resolution No. 4603, the City Council has elected to become subject to the Uniform Public Construction Cost Accounting Act (UPCCAA) as established by the California Uniform Construction Cost Accounting Commission for Public Projects.

Procurement bidding procedures and all dollar amounts of Public Project contracts are subject to the regulations contained in the UPCCAA under Section 22000, et seq. of the California Public Contract Code, Carpinteria Municipal Code Chapter 3.31, and this Procurement Policy.

A. Ethical Standards
This policy aims to promote ethical behavior in procurement activities, ensuring that all actions are conducted with integrity and in accordance with ethical standards, The City strictly adheres to the Political Reform Act and the regulations of the Fair Political Practices Commission (FPPC) that apply to purchasing, which are available at http://www.fppc.ca.gov. Additionally, the City is sensitive to what constitutes unethical purchasing behavior and what, while legal, constitutes the appearance of unethical behavior. Employees are expected to give primary consideration to the interests of the City, which means seeking to obtain the maximum value for each dollar expended while remaining fair and impartial.

B. Procurement Manual
Pursuant to this Procurement Policy, the Purchasing Officer, or designee, will approve and implement a manual of purchasing procedures (“Procurement Manual”).

C. Responsibilities of the Purchasing Officer
The Purchasing Officer is responsible for 1) the purchase of general goods, equipment, and services; 2) the administration of the Procurement Policy; and 3) the management of City property and surplus. To perform these functions efficiently and to support City departments, the Purchasing Officer will:

1. Coordinate and manage the purchase of the City’s general goods, equipment, and services from the lowest responsive and responsible bidder as required by this Policy.

2. Ensure full and open competition on all purchases as required by law or this Policy.

3. Identify, evaluate, and utilize purchasing methods that best meet the City’s needs, such as cooperative and/or piggyback purchases/agreements, blanket purchase orders, and contractual agreements.

4. Assist all departments with research and recommendations in developing specifications, including review of specifications for completeness of information, and to ensure specifications are not unnecessarily restrictive.

5. Recommend revisions to the Procurement Policy and Procurement Manual when necessary and stay informed of current developments in the field of public purchasing.

6. Provide and maintain all forms and records necessary to demonstrate compliance with legal and regulatory requirements.

7. Act as the City’s agent in the transfer and disposal of surplus equipment and materials.

8. Make purchase award recommendations to the appropriate authority (e.g., selecting a contractor and submitting to City Council for approval/denial.) D. Responsibilities of City Departments

1. Identifying Needs and Requirements
a. Needs Assessment: Determine the specific needs and requirements for goods, equipment, and services.
b. Specification Development: Develop clear, detailed specifications and requirements for what is to be procured (e.g., Request for Proposal/Quote.)

2. Planning and Budgeting
a. Budget Preparation: Ensure that procurement needs are included in the departmental budget and that funds are available.
b. Procurement Planning: Develop procurement plans that align with the department’s operational goals and City Council goals and priorities.

3. Initiating Procurement Requests
a. Requisition Submission: Submit requisitions and purchase requests with necessary approvals and documentation following the instructions and guidelines set forth in the Procurement Manual.
b. Coordination with Administrative Services (AS): Work closely with the AS to ensure that procurement processes are initiated timely and appropriately.

4. Vendor Selection and Management
a. Market Research: Conduct market research to identify potential suppliers and assess market conditions.
b. Supplier Evaluation: Evaluate bids and proposals for compliance with specifications and to select the most suitable vendors based on criteria such as price, quality, and reliability.
c. Contract Management: Manage vendor relations, monitor performance, and ensure compliance with contract terms and conditions.

5. Compliance and Risk Management
a. Adherence to Policies: Ensure all procurement activities comply with City Policies, regulations, and ethical standards (e.g., orders may not be split to avoid purchasing requirements.)
b. Risk Mitigation: Identify and manage risks associated with procurement activities, including potential legal, financial, and operational risks (e.g., utilizing City-approved contract templates and ensuring insurance requirements are met prior to execution of an agreement.)

6. Record-Keeping and Reporting
a. Documentation: Maintain accurate and comprehensive records of all procurement activities, including requisitions, bids, contracts, and invoices.

Provide AS with written supporting documentation of vendor selection (i.e., award of contract) or purchase order.

b. Reporting: Provide regular reports on procurement activities, expenditures, and outcomes to the Purchasing Officer, or their designee, and relevant stakeholders and oversight bodies.

7. Sustainable and Responsible Procurement
a. Sustainability Initiatives: Incorporate sustainability considerations into procurement decisions, such as use of recycled products when practical and economically feasible, including adherence to City policy (e.g., Single-Use Plastic Ordinance.)
b. Social Responsibility: Ensure that procurement practices support the City’s social responsibility goals, such as the Environmentally Preferable Procurement Policy and local, woman, and/or minority-owned business preference.

8. Training & Engagement
a. Staff Training: Ensure that department staff involved in procurement are adequately trained and knowledgeable about procurement policies, procedures, and best practices.
b. Stakeholder Engagement: Engage with internal and external stakeholders to understand their needs and address any procurement-related concerns.

9. Communication
a. Authorization: At the beginning of each fiscal year or upon any personnel changes, provide Administrative Services Department with an updated authorized signature list, designating individuals with authority to make purchases according to this policy.
b. Vendor Problems: Immediately inform Administrative Services Department of any situations that could affect the procurement process such as vendor relations problems or shipping issues (e.g., damaged goods, late delivery, incorrect items or quantities, etc.)
c. Sole Source: Provide written documentation to Administrative Services Department to support the use of a sole source provider and receive authorization from the Purchasing Officer, or their designee, prior to making a sole source purchase.

E. Vendor Relations
Maintaining and fostering positive relationships with suppliers of goods, equipment, and services is advantageous for the City. Staff authorized to make purchases on behalf of their departments are expected to interact with vendors professionally, promoting equal opportunity, and exhibiting fairness, integrity, and courtesy in all vendor interactions.

F. Unauthorized Purchases
Except in the case of an emergency or urgency, no purchase of goods, equipment, and services of $10,000 and over shall be made without a previously authorized purchase order or contract as required by this policy.

Unauthorized purchases may be void and may not be considered an obligation of the City.

1. Invoices without an authorized purchase order may be returned to the department or vendor unpaid.

1. Purchases over $10,000 and up to $50,000: The City Manager holds the authority to award. Purchases in this range should follow the informal bid process as outlined in Section J.2. All departments must strive to obtain three written bids, unless exempted by the provisions under Sections H4 through H8.

2. Purchase orders shall be issued to a vendor when ordering supplies and services and not “after the fact” for work already done or materials already ordered.

G. Purchasing Thresholds
The following purchasing dollar limits apply per vendor per fiscal year except for Public Projects:

1. Purchases up to $10,000 (micro-purchases): Department Directors have the authority to award. While comparative pricing is not required, it must be used when practical. Prudent judgment must be used at all times. All departments may purchase goods, equipment, and services of up to $10,000 without competitive bidding.

2. Purchase over $10,000 and up to $50,000: The City Manager holds the authority to award. The informal bid process is outlined in Section J.2. All departments must strive to obtain three written bids, unless exempted by the provisions under Sections H4 through H8. A list of contracts executed by City Manager and or his designee shall be presented to the City Council for their information via a subsequent report no later than the calendar month following execution of the contracts.

3. Purchases over $50,000: The City Council holds the authority to award through a Formal Bid Process. The Formal Bid Process is described in Section J.3.

H. Purchasing Methods
Prior to commencing work, vendors are required to possess and maintain specific types of insurance coverage suitable for the services to be rendered. All purchasing methods listed below are subject to the purchasing thresholds listed in Section G of this Policy.

1. Purchase Orders
A Purchase Order is issued to a vendor to authorize purchases of goods, equipment, and services.

The purpose of a Purchase Order is to:
a. Ensure compliance with this Procurement Policy.

b. Encumber funds when an unencumbered appropriation exists in the fund.

The Procurement Policy allows for exemptions from Purchase Order requirements and examples of such exemptions include acquiring land, utility payments, payments to other governmental agencies, claims/legal settlement payments, membership dues, employee benefit payments, and debt service payments. A detailed list of exemptions is outlined in the Procurement Manual.

2. Blanket Purchase Orders
A Blanket Purchase Order is an agreement whereby the City contracts with a vendor to provide goods, equipment, and services on an as-needed and often over-thecounter basis. Blank Purchase Orders provide a mechanism whereby items that are uneconomical to stock may be purchased in a manner that allows field operations timely access to necessary materials.

The Purchasing Division shall review Blanket Purchase Order requests based on the following criteria:
a. Geographical location
b. Responsiveness and capabilities
c. Average dollar value and type of items to be purchased d. Frequency of need
Once a Blanket Purchase Order is issued to a vendor, any authorized City employee may contact the vendor directly to place orders per the terms and conditions specified in the Blanket Purchase Order.

3. Contracts
Contracts should be prepared for purchases of goods, equipment, and services as stated in the Procurement Manual.

Contract templates are established and updated in consultation with the City Attorney’s Office. A list of contract templates is outlined in the Procurement Manual.

All City contracts must be prepared on City contract templates unless otherwise approved by the City Attorney.

4. Contract Amendments
After the contract award, amendments may need to reflect changes in the agreement.

Contracts initially approved by the Department Director and/or Purchasing Officer must be amended by the same authority as long as they do not exceed the authority’s award limit. Contracts initially approved by the City Council can only be amended by the City Council unless amendment authority is delegated by the City Council to the Purchasing Officer for the authorized spending amount.

All City contract amendments must be prepared on City contract templates unless otherwise approved by the City Attorney.

5. Cooperative Purchasing
The Purchasing Officer may participate in a collective bidding process established by other governmental agencies. If the City takes the lead or otherwise has input on the bidding methods, the City’s standard bidding requirements apply; otherwise, the City’s bidding requirements do not apply. In any case, a City purchase order or contract is required.

6. Piggybacking
The Purchasing Officer may utilize an existing purchase order or contract between another governmental agency and a vendor to purchase the same goods as those listed in that contract (i.e., piggybacking.) There are four requirements to piggybacking:
a. The other jurisdiction’s purchase order or contract must have been established following a competitive bid process in which the jurisdiction selected the lowest bidder;
b. The City’s contract or purchase order term must expire before or on the expiration listed in the other jurisdiction’s contract and/or purchase order; c. The scope of services for a trade service or the specifications of goods must match those specified in the other jurisdiction’s contract and/or purchase order without any substantial modifications; and
d. The cost of goods, equipment, and services must be identical to the costs listed in the other jurisdiction’s purchase order and/or contract.

To piggyback, the City needs information regarding the other jurisdiction’s bid process and its contract document. If the award calculation included a local preference and was awarded to their local vendor, piggybacking cannot be used. If piggybacking is used, the City’s standard bidding requirements do not apply; however, a City purchase order and/or contract is still required.

Piggybacking is not allowed for public works projects or professional contracts.

7. Sole Source Purchases
Unique goods, equipment, and services that can be obtained from only one vendor, or one distributor authorized to sell in this area, with singular characteristics or performance capabilities or which have specific compatibility components with existing City products are exempt from the competitive bidding requirement and are deemed sole source purchases. Sole source purchases may include proprietary items sold directly from the manufacturer. Proprietary items are those held under exclusive title, trademark, or copyright by a private person or company. A proprietary distributorship would also apply.

Specifications that lead to sole source purchases must be avoided whenever possible as they minimize or eliminate competition unless warranted by the circumstances in the preceding paragraph.

All sole source purchases must include written documentation supporting the determination of a sole source, signed by the Department Director and submitted to the Administrative Services Department.

8. Urgency Purchases
The bidding procedures of Sections I and J may be dispensed with in the case of urgency. Urgency shall exist when the services, repair, or replacements are immediately necessary to permit the continued performance of the operations or services of the City, or to avoid the immediate danger to life, health, or property.

The City Council delegates the City Manager to declare a public urgency subject to confirmation by the City Council at its next meeting for any purchase in excess of $50,000.

9. Emergency Purchases
In cases of emergency, as determined by the City Council, including, but not limited to, states of emergency defined in Section 8558 of the Government Code, when repair or replacements are necessary to permit the continued conduct of the operation of services of the City, or to avoid danger to life or property, the City Council, by majority vote, may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or give notice for bids to let contracts. The work may be done by City forces, by contract, or by a combination of the two (2). The City Council delegates to the City Manager, the authority to declare a public emergency subject to confirmation by the City Council at its next meeting.

I. Professional Services
The selection of Professional Services should be based on the professional qualifications necessary for the satisfactory performance of the Professional Services required, on demonstrated competence, and on a fair and reasonable price consistent with Government Code Section 4526 and applicable law. The cost thresholds set forth

in this section shall apply to the total cost in any one transaction, or the cumulative cost for the same Professional Services from the same Contractor arising out of the same procurement. Procurements shall not be divided so as to avoid the threshold requirements.

Informal Proposal (≤ $50,000.00):

1. Procurements of Professional Services where the total cost is expected to be $50,000.00 or less shall be made using informal proposal procedures, as set forth herein.

2. Informal proposal procedures shall be as follows:
a. Proposals shall be obtained by written or oral request. b. When possible, a minimum of three vendors should be solicited. c. Responses shall be in writing and may be transmitted by facsimile, mail, electronically over the internet, or any other means of delivery as described in the proposal documents.

Formal Proposal (> $50,000.00):

1. Procurements of Professional Services where the total cost is expected to exceed $50,000.00 shall be made using formal proposal procedures, as set forth herein.

2. Formal proposal procedures shall be as follows:
a. The Department Director shall use the RFP and/or RFQ process to solicit vendors. The RFP should include:
i. Instructions to include references to related City policy such as local, woman, and minority-owned business preferences/requirements; ii. Specifications describing the required Professional Services; iii. Any required licenses, insurance and/or bond forms; iv. General Contract provisions;
v. The time on or before which proposals will be received; vi. Where and with whom proposals shall be filed.
b. When possible, a minimum of three vendors should be solicited. The City Manager may waive the requirements for solicitation of multiple proposals if only one individual or firm can reasonably provide the Professional Services, and/or it is in the best interest of the City to waive the requirement. c. Formal proposals received after the deadline for receipt of proposals shall not be accepted by the City. The City shall submit written notification to the vendors

whose proposal was received after the deadline setting forth the deadline when the proposal was actually received, and that the proposal is being rejected because it was received after the deadline.

3. If no proposals are received or if no proposals meet the requirements as specified in the RFP or RFQ documents, the City may reissue the solicitation using the informal proposal procedures, negotiate a Contract based upon the solicitation without further complying with this Section, or the City may terminate the procurement.

4. If two or more proposals are received with the same total amount, quality and service being equal, and if the public interest will not permit the delay of readvertising for the RFP or RFQ, the City Manager may exercise discretion to accept the proposal which they determine will provide the best value to the City.

5. All proposals shall be deemed rejected if no action is taken on the proposals within 90 days after the proposals have been received and opened unless vendors agree to extend the effective date of an RFP or RFQ at the request of the City.

6. The Purchasing Officer or requesting department shall have the authority to reject all proposals if doing so is in the best interest of the City.

Selection of Consultants for Professional Services for Continuing Services Professional consultants providing engineering, land surveying, environmental, landscape architecture, or other similar services may be retained continuously to provide professional services. The Department Director, with the approval of the Purchasing Officer, may contract on a project-by-project or on a retainer basis for additional work/services without going through the RFQ and/or RFP and selection process. At least every three (3) to five (5) years, these arrangements must be reviewed, and every effort must be made to receive proposals from at least three (3) consultants to perform the same services. This is to ensure the City is receiving the best value for, and performance level of, services contracted.

J. Bidding
Except as otherwise exempted in this policy, purchases of goods, equipment, and services must adhere to the following:

1. No Bid Required – Departments may directly purchase goods, equipment, and services to a value of $10,000. Departments must exercise reasonable prudence in seeking price quotes for such items. Bid splitting to circumvent the bidding process is prohibited.

2. Informal Bid Purchases – Purchases of goods, equipment, and services with an estimated value of over $10,000 and up to $50,000.

Informal Bid Process

a. The responsible department must prepare a written scope of work and/or a written product specification describing the minimum requirements of the purchase.
b. Requests for bids may either be posted at City Hall, published on the City’s website, mailed or e-mailed, or solicited over the phone to prospective bidders a minimum of ten (10) calendar days before the due date.
c. The department must endeavor to obtain at least three written bids. The bids may be made by mail, email or facsimile. Further negotiation with a vendor to negotiate a lower price based on the bids received from other vendors is prohibited.
d. In the event no satisfactory bids are received, the department has the option of any of the following:
i. Abandon the purchase;
ii. Rebid the purchase; or
iii. Request the Purchasing Officer approval to obtain the purchase on a negotiated contract.
e. Award of Contract: Contracts for goods, equipment, and services will be approved by the Purchasing Officer to the lowest responsive and responsible bidder.

3. Formal Bid Purchases – Purchases of goods, equipment, and services with an estimated value of over $50,000.

Formal Bid Process
a. Bid Authorization: City Council must authorize staff to solicit formal bids. b. Notice Inviting Bids (NIB): The responsible department must include a general description of the goods, equipment, and services to be purchased or required, describe any performances or bid security required, and the time and place for the opening of bids.
c. Bid Security: When applicable, the bidder’s security will be prescribed in the NIB in an amount equal to ten percent (10%) of the bid amount. The bid security will be returned to unsuccessful bidders within sixty (60) days of the date of the award. d. Performance Bonds: The City may require a performance bond in such amount as it reasonably finds to protect the public interest. When applicable, the form and amount of the bonds will be described in the NIB.

e. Published Notices: The NIB must be posted on the City’s website and published at least twice, not less than five days apart, in a newspaper of general circulation (required for public projects only); and, if applicable, in appropriate trade publications. The date of publication must be at least fourteen (14) calendar days before the due date.
f. Bid Opening Procedure: All formal bids must be sealed and will be publicly opened and read at the date, time, and place indicated in the published notice.

Sealed bids must be submitted to the City Clerk’s Department and identified as to bidder, project, and “Bid” on the envelope. A written record and tabulation will be made at the time all bids received are opened. All bids received shall be open for public inspection in the city clerk’s office during business hours for 30 days after the bid opening. Bids will be destroyed in accordance with the city’s adopted records retention schedule. The city reserves the right to confirm mathematical accuracy of the bids prior to award of the contract.
g. Awards of Contracts: If awarded, contracts will be awarded by the City Council to the lowest responsive and responsible bidder.

4. Bid Splitting – Purchases, contracts, public work contracts, work orders and projects must not knowingly be split into single transactions or smaller segments for the purpose of circumventing the competitive formal or informal bidding process. Bid splitting is a form of unauthorized purchasing under Section D– Responsibilities of Operating Departments.

5. Rejection of Bids – The Purchasing Officer or the requesting department may, at their discretion, recommend the rejection of any or all bids. Reasons for rejection may include, but are not limited to, the following: a bid is determined to be nonresponsive; the number of bids received is inadequate; bids received are not reasonably uniform in price, or the lowest bid received is deemed to be too high.

6. Tie Bids – If two or more quotes/bids are received for the same total amount or unit price, quality and service being equal, then the department may accept the lower quotes/bids obtained through negotiation with the vendors submitting the tie quotes/bids.

7. Bid Protest – Any party that submitted a bid for the Project may file a protest regarding the purchasing decision authorized.
a. Notice of Decision: After a decision regarding a bid award has been made, the department will post notice of the intended award on the City website. If a bidder is rejected because the bid is found non-responsive or because the bidder is deemed non-responsible, the City will give written notice to said bidder of evidence reflecting such decision.
b. Time to File Protest: All protests must be submitted to the Office of the City Clerk by email or facsimile transmission within five (5) business days from the date on the notice of intended award.

c. Form of Protest: All protests must be in writing, state the factual basis for the protest, state the facts relevant to the protest, and all evidentiary support to rebut adverse evidence that it or another bidder was either non-responsive or not responsible. All protests have to be filed in accordance with the instructions contained in the solicitation which is the subject of the protest. d. Protest Review: The Department Director will review all timely protests and recommend that the Purchasing Officer, or City Council if a formal bid, either reject the protest and award to the lowest responsible and responsive bidder, or accept the protest and award the bid to the next lowest responsible and responsive bidder.
e. Hearing on Protest: A hearing will be set within a reasonable time to provide a decision before final approval of the selected low bid. f. Appeal of Purchasing Officer’s Decision to City Council: Such appeals must be in writing and must be filed with the City Clerk within five (5) business days from the date of the Purchasing Officer’s decision.
g. Failure to Timely Appeal: A bidder who fails to file a protest within the times set forth in this section waives any right to protest the issue further. No appeal of any decision to award a bid may occur once the contract has been awarded.

8. Exemptions from Bidding – The following are exempted from obtaining competitive bids:
a. Legal Services
i. Anything relating to existing or threatened litigation ii. Anything that protects attorney-client privileged records or discussion b. Anything relating to a confidential ongoing investigation and other confidential police business
c. Advertising (airtime/newspaper/magazine ad space, not advertising agencies or design services)
d. Public Projects under UPCCAA
e. Government printed publications
f. Subscriptions to publications
g. Common carrier shipments

h. Travel payments made directly to hotels, motels, airlines or for other transportation
i. Insurance and claim settlements
j. Legal brief printing and transcription
k. Membership in professional organizations
l. Credit card payments to a bank
m. Contracts with other governmental entities
n. Permit fees including, but not limited to, those to other governmental agencies for operation of a City utility
o. Events sponsorship
p. Postage and United States Postal Service post office box fees (not private mail companies)
q. Real property purchases, escrow fees and lease payments r. Utilities including, but not limited to, payments for electricity or gas s. Voting materials
t. Debt services
K. Information Technology Purchases
The City recognizes that purchasing information technology on the basis of the lowest purchase price alone may not always serve the best interests of the City. Therefore, to ensure hardware requirements and software compatibility, all such purchases must be reviewed by the Administrative Services Department prior to purchase.

L. Environmentally Preferable Procurement Policy
This Policy is not intended to conflict with other City policies in terms of purchasing or procuring supplies, equipment, professional (consulting) services, maintenance agreements, and construction contracts. With that, purchases or procurements shall also conform with both of the City’s Environmentally Preferable Procurement Policy (City Council Resolution No. 5686) and Sustainable Community Policy (City Council Resolution No. 5500) and the amendments thereto.

M. Uniform Guidance Federal Procurement Standards

The City is to conform purchases made with Federal funds in accordance with applicable Federal laws and standards identified in the Uniform Guidance, Procurement Standards (2 CFR 200.318-327) including but not limited to, excerpts summarized below.

Where thresholds differ between City and Federal purchasing policies, City employees utilizing Federal grants will follow the most restrictive rule.

1. General Procurements Standards
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontractors. However, non-Federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. Any City employee, officer, or agent that violates such standards shall be subject to disciplinary action per the City’s Personnel Rules.

Purchases must be necessary and limit the waste of government spending by avoiding acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurement to obtain a more economical purchase. Federal excess and surplus property shall be considered in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. The City shall maintain records sufficient to detail the history of procurement, such as rationale for the method of procurement, selection of contract type, contractor selection or rejection and the basis for the contract price.

2. Competition
Procurement procedures must be documented and conducted in a manner that provides full and open competition. Geographical preferences are prohibited unless mandated by a Federal statue or state license.

3. Methods of Procurement
In addition to the City’s Procurement Policy approval limits, one of the following procurement methods should be used (threshold amounts are subject to change by the Federal Acquisition Regulation and the City will follow the most current limitation):
a. Micro-purchase: Purchase without soliciting competitive quotes if reasonable, if the aggregate dollar amount does not exceed the micro-purchase threshold (2 CFR 200.320 and 200.1).

b. Small Purchase: Purchase of property or services, the total amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. Price or rate quotes must be obtained from an adequate number of qualified sources as determined by the City/grantee. (2 CFR 200.320, 200.1)
c. Sealed Bid: Amounts greater than the simplified acquisition threshold with formal advertising awarded to the lowest responsible bidder. This method is primarily for construction contracts and a cost and price analysis must be performed. (2 CFR 320(b)(1))
d. Competitive Proposal: Amounts greater than Small Purchase when Sealed Bid is not appropriate. Proposals can either be fixed-price or cost-reimbursement and a cost and price analysis must be performed. (2 CFR 200.320(b)(2)) e. Noncompetitive Proposal: Amounts greater than Micro-purchase with justification documented and requirements met. This category applies to procurement where one of more of the following apply: (1) the acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold; (2) the item is only available from a single source; (3) when there is an emergency or urgency that will not permit a delay resulting from publicizing competitive solicitation; (4) the Federal awarding agency or passthrough entity expressly authorizes noncompetitive procurement; or (5) after solicitation of several sources, competition is determined inadequate. Sole Source procurements require approval from the Federal or pass-through funding source.

All five (5) procurement types must comply with the Procurement Standards which can be summarized generally as follows: (1) the purchase complies with the nonFederal entity’s documented procedures in place, (2) purchases are necessary, (3) open competition (to the extent required by each method), (4) conflict of interest policy, and (5) proper documentation for the purchases.

4. Contracting with Small/Minority and Women’s Business Enterprises All necessary affirmative steps should be taken to ensure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

Affirmative steps include:
a. Placing qualified small and minority businesses, and women’s business enterprises on solicitation lists;
b. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
d. Establishing procurement specifications, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;
e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above.

5. Contract Cost and Price
Cost analysis should be performed and documented with every procurement and contract modification over the Simplified Acquisition Threshold. The cost plus a percentage of cost and percentage of construction cost methods of contracting is not to be used and the City is to make independent estimates before receiving bids or proposals.

6. Federal Awarding Agency or Pass-Through Entity Review The City must make available, upon request of the Federal awarding agency or passthrough entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure compliance with the procurement standards. The City may be exempt from procurement review if compliance determination or self-certification is relied upon.

7. Bonding Requirements
Bid guarantees, performance bonds, and payment bonds may be required for construction/facility improvement contracts/subcontracts exceeding the Simplified Acquisition Threshold to ensure that the Federal interest in the procurement is adequately protected.

8. Contracted Provisions
The City’s contracts are to contain the provisions in the Office of Management and Budget (OMB) Federal Regulations Appendix II to Title 2, Subtitle A, Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, as applicable.

N. Surplus Personal Property
Refer to CMC Chapter 3.32 Surplus Personal Property.

O. Credit Card Usage
Refer to Credit Card Usage Policy.

P. Definitions / Glossary

1. Agreement. A written understanding or arrangement between two or more parties.

Also see “Contract” and “Purchase Order”.

2. Addendum. A document issued during the bid period to clarify, modify or support the plans, specifications, and other bid document terms.

3. Appropriation. City Council authorization to expend public funds for a specific purpose.

4. As Is. A term indicating that goods offered for sale in existing condition are without Warranty or Guarantee.

5. Award. The acceptance of a Bid or Proposal.

6. Bid. The executed document submitted by a Bidder in response to a Notice Inviting Bids (NIB), a Request for Proposals, or a Request for Qualifications.

7. Bidder. A person or legal entity who submits a bid in response to a solicitation.

Vendor. See the Bid or Proposal.

8. Blanket Purchase Order. An Agreement of no more than one year between the City and a Vendor allowing authorized City employees to charge repetitive Purchases of goods, equipment, and services on an as-needed basis at pre-arranged prices, dollar limits, and/or other terms and conditions.

9. Brand Name. A trade name that serves to identify a product or particular manufacturer.

10. Change Order. A contract amendment to a Public Works construction contract.

11. City. City shall mean the City of Carpinteria and other such districts, authorities, or agencies as may be governed by the members of the City of Carpinteria City Council.

12. City Attorney. Shall mean and include the City Attorney of the City of Carpinteria.

13. City Council. Shall mean and include the City Council of the City of Carpinteria. It shall also mean the governing boards of such other districts, authorities, or agencies as may be governed by the City Council of the City of Carpinteria.

14. City Manager. Shall mean and include the City Manager of the City of Carpinteria.

15. Competitive Bidding. The submission of prices by vendors competing for a Contract, privilege, or right to goods, equipment, or services.

16. Contract. A written, legally binding mutual agreement between two parties, e.g., an accepted Purchase Order or fully executed agreement for the purchase of goods, equipment, and services stating the expectations of both parties such as term, cost, scope of work, insurance requirements, and labor code, and prevailing wage requirements.

17. Contract Amendment. Written modification or addition to a Purchase Order or Contract/Agreement authorized by the appropriate authority, except for construction contracts (see Change Order).

18. Discount. An allowance or deduction from a normal or list price extended by a seller to a buyer to make the unit price more competitive.

19. Dispose of. To transfer or part with, to sell; get rid of; to throw out.

20. Emergency Purchase. An emergency purchase requires the declaration of emergency and City Council action as noted in PCC Sections 22050. City may perform work in accordance with PCC Section 22035 and 22050.

21. Encumbrance. Committing budgeted funds prior to receiving goods, equipment, and services; funds are shown as an encumbrance until goods, equipment, and services are received, at which time funds are expended.

22. Equipment. Personal property necessary to conduct the City’s business, including, but not limited to furnishings, machinery, vehicles, rolling stock, and other property used to conduct the City’s business.

23. Formal Bid. A Bid which must be submitted in a sealed envelope and in conformance with a prescribed format, is to be opened and announced at a specified time at a public opening.

24. General Services. Services such as custodial, uniform cleaning, maintenance, and other services for which the performance of such activities do not require any unique skill, special background, or training.

25. Goods. Office supplies, custodial supplies, materials, goods, tools, or other commodities used in the general conduct of the City’s business, except supplies or materials for a Public Project which is regulated under the Public Contract Code section 20160, et seq.

26. Guarantee. A pledge or assurance that something is as represented and will be replaced or repaired if it fails to meet the stated Specifications.

27. Informal Bid. Written Quotations for goods, equipment, and services which, pursuant to this Policy, are not required to meet the formal bidding requirements.

Informal Bids include unsealed written quotes, quotes received via facsimile, or quotes received via email.

28. Lowest (Responsive and) Responsible Bidder. The Bidder submitting the lowest price and is capable of performing the proposed Contract. See also “Responsive Bidder” and “Responsible Bidder”.

29. Micro-purchase. A purchase of supplies or services, the aggregate amount of which does not exceed the micro-purchase threshold.

30. Micro-purchase threshold. The dollar amount at or below which a non-federal entity may purchase property or services using micro-purchase procedures.

31. Non-Responsive Bid. A Bid that does not conform to the essential requirements of the Notice Inviting Bids. Non-Conforming Bid. Unresponsive Bid.

32. Notice Inviting Bids (NIB). A formal notice, posted on the City’s website, or published in the newspaper (required for public projects only) or elsewhere or sent directly to potential Bidders, notifying them that the City is accepting bids for a specific purpose.

33. On-Call Contracts. Contracts without a specific project scope of work, but rather categorized around general types of anticipated work or trades. When a specific scope of work is identified, task orders are authorized based on either a not-toexceed time and materials basis or on a negotiated lump sum amount, using the unit-priced bid by the contracts. The contracts are typically on an annual or multiyear basis.

34. Procurement. The act of obtaining or buying goods or services.

35. Professional Services. Any work performed by an auditor, attorney, doctor, architect, engineer, land surveyor, construction project manager, appraiser, expert, or consultant.

36. Proposal. The executed document submitted by an offeror or in response to a Request for Proposals (and the basis for subsequent negotiation).

37. Public Contract Code (PCC). Shall mean the Public Contract Code of the State of California.

38. Public Project (See Public Contract Code section 22002). “Public project” means any of the following:
a. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
b. Painting or repainting of any publicly owned, leased, or operated facility.

c. In the case of a publicly owned utility system, a “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. “Public project” does not include maintenance work. For purposes of this section, “maintenance work” includes all of the following:
a. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. b. Minor repainting.
c. Resurfacing of streets and highways at less than one inch. d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. e. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. f. “Facility” means any plant, building, structure, ground facility, or utility system, subject to the limitation found in paragraph (3) of subdivision (c), real property, streets and highways, or other public work improvement.

37. Purchase. Renting, leasing, purchasing, licensing, or trade of goods, equipment, and services.

38. Purchase Order. A Purchaser’s document to formalize a Purchase transaction with a Vendor. Acceptance of a Purchase Order constitutes a Contract; a Purchaser’s written offer to a supplier stating all terms and conditions of a proposed transaction.

39. Purchasing Division. The division and/or department within the organization to which the purchasing function has been delegated by the Purchasing Officer.

40. Purchasing Officer. The City Manager or their designated representative.

41. Qualified Bidder. A “qualified” bidder, is a bidder that demonstrates the following characteristics:
a. Can provide product quality, fitness, and capacity for the required usage. b. Has the ability, capacity, and skill to perform the contract or provide the service required.

c. Has demonstrated character, integrity, reputation, judgment, experience, and efficiency, particularly concerning past purchases by the City or other public agencies.
d. Has the ability to perform within the time required. e. Has shown the quality of performance and/or of products provided in previous contracts or services with the City or other public agencies. f. Note: Previous documented incidents of unsatisfactory performance and/or unsatisfactory delivery, materials, or services may also result in a determination of unqualified.

42. Quotation. A Bid. A statement of price, terms of sale, and description of goods or services offered by a prospective seller to a prospective Purchaser, usually for Purchases below the amount requiring Formal Bidding.

43. Urgency Purchase. An urgency purchase does not require a declaration of emergency but must only be made to preserve or protect life, health or property, or upon natural disaster, or to forestall a shutdown of essential public services, or for reasons as determined by the City Manager.

44. Request for Proposal (RFP). All documents, whether attached or incorporated by reference, are utilized for soliciting competitive cost Proposals including the scope of work.

45. Request for Qualifications (RFQ). Documents are prepared to solicit the qualification of professionals or pricing options for a product or service.

46. Responsible Bidder. A person who has the capability in all respects to perform in full the Contract requirements, and the integrity and reliability which will assure good faith performance.

47. Responsive Bidder. (1) A person who has submitted a Bid that conforms in all material respects to the Notice Inviting Bids (NIB) or (2) one whose Bid conforms in all material respects to the terms and conditions, Specifications and other requirements of the NIB.

48. Sealed Bid. A Bid which has been submitted in a sealed envelope to prevent its contents from being revealed or known before the deadline for the submission of all Bids; required on Formal Bids.

49. Sole Source. A determination that there is only one reasonably known capable supplier due to the unique nature of the requirements, the supplier, or market conditions for the goods, equipment, and services.

50. Specifications. A description of what the Purchaser seeks to buy or accomplish, and consequently, what a Bidder must be responsive to in order to be considered for

Award of a Contract. A Specification may be a description of the physical or functional characteristics, or the nature of goods, equipment, and services. It may include a description of any requirements for inspecting, testing, or preparing goods, equipment, and services for delivery.

51. Split. To divide a Purchase into two or more parts to avoid the requirements of the Procurement Policy. This action is prohibited by the Policy.

Example:

Split: If a department knows it will use $51,000 of a particular supply in one fiscal year and places two orders six months apart to keep each order below the $50,000 limit, the action is considered Splitting and is not allowed under the Policy.

Not Split: If a department hires ABC Engineering to prepare a fee study for $8,000 and also hires the same company to oversee a capital improvement project for $9,000, the action is not considered Splitting.

52. Surplus Personal Property. Any City property that is no longer needed or usable by the holding department. Refer to CMC Chapter 3.32 Surplus Personal Property.

53. Vendor. A supplier of goods, equipment, and services.

54. Warranty. The representation that something is true. Not to be confused with “Guarantee”. A representation of utility, condition, and durability made by a Bidder or offeror for a product offered.

ATTACHMENT C
Carpinteria Municipal Code Chapter 2.08 City Manager and Chapter 3.32 Purchasing System
Chapter 2.08 – CITY MANAGER

2.08.150 - Authority to sign written contracts, draw warrants on the city treasury, sign instruments requiring city seal.

A. The city manager or his/her designee may execute on behalf of the city any contract which has received prior approval of the city council.

B. The city manager or his/her designee shall be authorized to execute contracts of thirty thousand dollars or less without prior approval of the city council where the amount of such contract is within a budgeted appropriation. The city manager or his/her designee may bring such contract to the city council for approval. Contracts exceeding thirty thousand dollars shall be approved by the council prior to execution.

C. A list of contracts, if any, executed by the city manager and/or his/her designee pursuant to subsection B of this section shall be presented to the city council for their information via a subsequent report. The report shall be presented to the council no later than the calendar month following execution of the contract(s).

D. A warrant on the city treasury may be drawn, in any amount, if such warrant contains two of the signatures of the following city officers:

1. City manager;

2. Administrative services director;

3. City clerk;

4. Human resources administrator;

5. Accounting supervisor.

E. No warrant shall be drawn on an account for which there is not an adequate remaining appropriation approved by the city council.

F. A list of warrants drawn on the city treasury executed pursuant to subsection D of this section shall be presented to the city council for their information via a subsequent report.

The report shall be presented to the council no later than the calendar month following the drawing of the warrant(s).

G. The city clerk shall have the authority to sign all instruments requiring the city seal.

H. A list of all instruments signed by the city clerk requiring the city seal shall be prescribed to the city council for their information via a subsequent report. The report shall be presented to the council no later than the calendar month following the signing of such document(s).

Chapter 3.32 - PURCHASING SYSTEM

3.32.010 - Adoption system—Purpose.

In order to establish efficient procedures for the purpose of supplies and equipment, to secure for the city supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted.

3.32.020 - Purchasing officer—Created by appointment—Powers and duties.

There is created the position of purchasing officer. He shall be the city manager or such other full-time city employee appointed by the city manager. The purchasing officer shall exercise general supervision over the purchasing function. The duties of the purchasing officer may be combined with those of any other office or position. The purchasing officer shall have the authority to provide general supervision of the following functions:

A. Purchase of or contracting for supplies and equipment required by any city department in accordance with the purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing officer may adopt for the internal management and operation of the purchasing division, or such other rules and regulations as may be prescribed by the city council and/or city manager; B. Negotiation and execution of contracts for the purchase of supplies and equipment; C. Procure for the city supplies and equipment at maximum quality and least expense to the city;
D. Obtaining of as full and open competition as possible on all purchases; E. Preparation and recommendation to the city council of rules governing the purchase of supplies and equipment for the city;
F. Preparation and recommendation to the city council of revisions and amendment to the purchasing rules;
G. Education regarding current developments in the field of purchasing, prices, market conditions and new products;
H. Prescription and maintenance of such forms as are reasonably necessary to the operation of this chapter;
I. Supervision of the inspection of all supplies and equipment purchased to ensure conformance with specifications;
J. Recommendations for the transfer of surplus or unused supplies and equipment between departments as needed;
K. Maintenance of records needed for the efficient purchase of supplies and equipment.

3.32.030 - Inspection and testing of purchases and samples authorized.

The purchasing officer shall have authority to inspect supplies and equipment delivered to determine their conformance with specifications set forth in the order. The purchasing officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of quality and conformance with specifications.

3.32.040 - City departments—Justification of requirements.

All city departments shall justify their requirements in supplies and equipment in preparation and as a component of the city's annual budget.

3.32.050 - Surplus supplies—Trade-ins authorized.

The purchasing officer shall have authority to supervise the exchange or trade-in of all supplies and equipment which have become unsuitable for city use for new supplies and equipment.

3.32.060 - Review of expenditures—Budget adjustment.

The purchasing officer shall review the expenditures of city departments on a regular basis to ensure that budgetary appropriations are not exceeded. If city departmental budgets are exceeded by purchase of supplies and equipment, prior consent therefor through budget adjustment shall be required.

3.32.070 - Purchases—Bidding required—Exception.

Except as otherwise provided in this chapter purchases of supplies and equipment shall be by bid procedures pursuant to Sections 3.32.070 through 3.32.180. Bidding may be dispensed with when an emergency requires that an order be placed with the nearest available source of supply, or when the unit value of the goods involved is less than five thousand dollars, or when the commodity can be obtained from only one vendor.

3.32.080 - Formal contract bidding—Required when.

Except as otherwise provided in this chapter, purchase of supplies and equipment of an estimated unit value greater than five thousand dollars shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed in Sections 3.32.090 through 3.32.150.

3.32.090 - Formal contract bidding—Solicitation of bids.

A. Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.

B. Published Notice. Notices inviting bids shall be published at least ten days before the date of opening of the bids. Notices shall be published at least once in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices.

C. Bulletin Board. The purchasing officer may also advertise pending purchases by a notice posted on a public bulletin board in the City Hall.

3.32.100 - Formal contract bidding—Bidder's security.

When deemed necessary by the purchasing officer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless in the latter event the city is solely responsible for the delay in executing the contract. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the city council rejects all bids presented, and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids, and the surplus, if any, shall be returned to the lowest bidder.

3.32.110 - Formal contract bidding—Opening procedure—Tabulation open to public.

Sealed bids shall be submitted to the purchasing officer and shall be identified as "bids" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.

3.32.120 - Formal contract bidding—Rejection and readvertising authorized.

In its discretion, the city council may reject any and all bids presented and readvertise for bids pursuant to the procedure prescribed in Section 3.32.090.

3.32.130 - Formal contract bidding—Award of contract to low bidder.

Except as otherwise provided in this chapter, contracts shall be awarded by the city council to the lowest responsible bidder.

3.32.140 - Formal contract bidding—Tie bid procedure.

If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the city council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening.

3.32.150 - Formal contract bidding—Performance bond authorized—Notice.

The city council shall have the authority to require a performance bond before entering a contract in such amount as it finds responsibly necessary to protect the best interest of the city. If the city council requires a performance bond, the form and amount of bond shall be described in the notice inviting bids.

3.32.160 - Open market purchase—When authorized.

Purchases of supplies and equipment of an estimated unit value of five thousand dollars or less may be made by the purchasing officer in the open market pursuant to the procedure hereinafter prescribed and without observing the procedure prescribed in Sections 3.32.080 through 3.32.150.

3.32.170 - Open market purchase—Solicitation of bids.

The purchasing officer shall solicit bids or place orders by written requests to prospective vendors, by telephone, and/or by public notice posted on a public bulletin board in the City Hall.

3.32.180 - Open market purchase—Records required and open to public.

The purchasing officer shall keep a record of all open market orders for a period of one year after the placing of orders. This record, while so kept, shall be open to public inspection.

3.32.190 - Open market purchase—Minimum number of bids—Award to low bid.

Open market purchases shall, wherever possible, be based on at least three bids or responses by vendors.

3.32.200 - Informal bidding procedures.

A. Informal Bid. Public projects, as defined by the California Uniform Construction Cost Accounting Act, and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code.

B. Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

C. Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided however:

1. If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.

2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

D. Award of Contracts. The city manager or his/her designee is authorized to award informal contracts pursuant to this section.

3.32.210 - Cooperative purchasing.

A. Cooperative Purchasing Agreements. Nothing in Chapter 3.32 shall prohibit the participation by the City of Carpinteria in any voluntary cooperative purchasing agreement, agreements or programs entered into between the City of Carpinteria and any local, state, or federal government, or association of governmental agencies within the United States which is authorized by state or federal law or regulations.

B. Surrogate Bidding. Nothing contained in this chapter shall prohibit the participation by the City of Carpinteria in a surrogate bidding process where the City purchases equipment, supplies, or services at the same price as a contract awarded by another local, state, or federal government, or association of governmental agencies within the United States following a competitive bidding process that substantially conforms to the City's purchasing procedures.

C. Federal GSA Contracts, California Multiple Awards Schedule Contracts and Leverage Procurement Agreements. Nothing contained in this chapter shall prohibit the participation by the City of Carpinteria in any purchase under a Federal General Service Administration (GSA) contracts, California Multiple Award Schedule Contract, Leverage Procurement Agreement or other similar agreement authorized by state or federal law or regulations.

D. Authority to Act. The purchasing officer is authorized in his or her discretion to act under the provisions of Chapter 3.32 to procure for the City supplies and equipment in conjunction with such voluntary cooperative purchasing agreement, surrogate bidding process, California Multiple Award Schedule Contract, or California Leverage Procurement Agreement or other similar agreements authorized by state or federal law or regulations to the extent such purchases are within the budget approved by the City Council. The procedures set forth in Sections 3.32.080 through 3.32.190 shall not apply to the purchase supplies and equipment through any voluntary cooperative purchasing agreement, surrogate bidding process, California Multiple Award Schedule Contract, or California Leverage Procurement Agreement or other similar agreements authorized by state or federal law or regulations entered into under the provisions of this section. All formal contract and bidding procedures to be followed in such cases shall be those specifically enumerated in the voluntary cooperative purchasing agreement, surrogate bidding process, California Multiple Award Schedule Contract, or California Leverage Procurement Agreement or other similar agreements authorized by state or federal law or regulations.

ATTACHMENT D
Carpinteria Municipal Code Chapter 2.08 City Manager and Chapter 3.32 Purchasing System - REDLINE
Chapter 2.08 – City Manager

2.08.150 - Authority to sign written contracts, draw warrants on the city treasury, sign instruments requiring city seal.

A. The city manager or his/her designee may execute on behalf of the city any contract which has received prior approval of the city council.

B. The city manager or his/her designee shall be authorized to execute contracts of thirty fifty thousand dollars ($50,000) or less without prior approval of the city council where the amount of such contract is within a budgeted appropriation. The city manager or his/her designee may bring such contract to the city council for approval. Contracts exceeding fifty thirty thousand dollars ($50,000) shall be approved by the council prior to execution.

C. A list of contracts, if any, executed by the city manager and/or his/her designee pursuant to subsection B of this section shall be presented to the city council for their information via a subsequent report. The report shall be presented to the council no later than the calendar month following execution of the contract(s).

D. A warrant on the city treasury may be drawn, in any amount, if such warrant contains two of the signatures of the following city officers:

1. City manager;

2. Administrative services director;

3. City clerk;

4. Human resources administrator;

5. Accounting supervisor.

E. No warrant shall be drawn on an account for which there is not an adequate remaining appropriation approved by the city council.

F. A list of warrants drawn on the city treasury executed pursuant to subsection D of this section shall be presented to the city council for their information via a subsequent report.

The report shall be presented to the council no later than the calendar month following the drawing of the warrant(s).

G. The city clerk shall have the authority to sign all instruments requiring the city seal.

H. A list of all instruments signed by the city clerk requiring the city seal shall be prescribed to the city council for their information via a subsequent report. The report shall be presented to the council no later than the calendar month following the signing of such document(s).

Chapter 3.302 - PURCHASING SYSTEM

3.32.010 - Adoption of purchasing system—Purpose.

In order to establish efficient procedures for the purpose of supplies and equipment, to secure for the city supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted.

To establish efficient procedures for purchasing supplies, equipment, and services at the lowest possible cost while ensuring necessary quality, and to exercise positive financial control over purchases through clearly defined purchasing authority, the City of Carpinteria’s purchasing system shall adhere to the procurement policy adopted by the City Council and set forth in the City’s Administrative Services Policies and Procedures.

3.32.020 - Purchasing officer—Created by appointment—Powers and duties.

There is created the position of purchasing officer. He shall be the city manager or such other full-time city employee appointed by the city manager. The purchasing officer shall exercise general supervision over the purchasing function. The duties of the purchasing officer may be combined with those of any other office or position. The purchasing officer shall have the authority to provide general supervision of the following functions:

A. Purchase of or contracting for supplies and equipment required by any city department in accordance with the purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing officer may adopt for the internal management and operation of the purchasing division, or such other rules and regulations as may be prescribed by the city council and/or city manager; B. Negotiation and execution of contracts for the purchase of supplies and equipment; C. Procure for the city supplies and equipment at maximum quality and least expense to the city;
D. Obtaining of as full and open competition as possible on all purchases; E. Preparation and recommendation to the city council of rules governing the purchase of supplies and equipment for the city;
F. Preparation and recommendation to the city council of revisions and amendment to the purchasing rules;
G. Education regarding current developments in the field of purchasing, prices, market conditions and new products;
H. Prescription and maintenance of such forms as are reasonably necessary to the operation of this chapter;
I. Supervision of the inspection of all supplies and equipment purchased to ensure conformance with specifications;
J. Recommendations for the transfer of surplus or unused supplies and equipment between departments as needed;
K. Maintenance of records needed for the efficient purchase of supplies and equipment.

3.32.030 - Inspection and testing of purchases and samples authorized.

The purchasing officer shall have authority to inspect supplies and equipment delivered to determine their conformance with specifications set forth in the order. The purchasing officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of quality and conformance with specifications.

3.32.040 - City departments—Justification of requirements.

All city departments shall justify their requirements in supplies and equipment in preparation and as a component of the city's annual budget.

3.32.050 - Surplus supplies—Trade-ins authorized.

The purchasing officer shall have authority to supervise the exchange or trade-in of all supplies and equipment which have become unsuitable for city use for new supplies and equipment.

3.32.060 - Review of expenditures—Budget adjustment.

The purchasing officer shall review the expenditures of city departments on a regular basis to ensure that budgetary appropriations are not exceeded. If city departmental budgets are exceeded by purchase of supplies and equipment, prior consent therefor through budget adjustment shall be required.

3.32.070 - Purchases—Bidding required—Exception.

Except as otherwise provided in this chapter purchases of supplies and equipment shall be by bid procedures pursuant to Sections 3.32.070 through 3.32.180. Bidding may be dispensed with when an emergency requires that an order be placed with the nearest available source of supply, or when the unit value of the goods involved is less than five thousand dollars, or when the commodity can be obtained from only one vendor.

3.32.080 - Formal contract bidding—Required when.

Except as otherwise provided in this chapter, purchase of supplies and equipment of an estimated unit value greater than five thousand dollars shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed in Sections 3.32.090 through 3.32.150.

3.32.090 - Formal contract bidding—Solicitation of bids.

A. Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.

B. Published Notice. Notices inviting bids shall be published at least ten days before the date of opening of the bids. Notices shall be published at least once in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices.

C. Bulletin Board. The purchasing officer may also advertise pending purchases by a notice posted on a public bulletin board in the City Hall.

3.32.100 - Formal contract bidding—Bidder's security.

When deemed necessary by the purchasing officer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless in the latter event the city is solely responsible for the delay in executing the contract. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the city council rejects all bids presented, and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids, and the surplus, if any, shall be returned to the lowest bidder.

3.32.110 - Formal contract bidding—Opening procedure—Tabulation open to public.

Sealed bids shall be submitted to the purchasing officer and shall be identified as "bids" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.

3.32.120 - Formal contract bidding—Rejection and readvertising authorized.

In its discretion, the city council may reject any and all bids presented and readvertise for bids pursuant to the procedure prescribed in Section 3.32.090.

3.32.130 - Formal contract bidding—Award of contract to low bidder.

Except as otherwise provided in this chapter, contracts shall be awarded by the city council to the lowest responsible bidder.

3.32.140 - Formal contract bidding—Tie bid procedure.

If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the city council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening.

3.32.150 - Formal contract bidding—Performance bond authorized—Notice.

The city council shall have the authority to require a performance bond before entering a contract in such amount as it finds responsibly necessary to protect the best interest of the city. If the city council requires a performance bond, the form and amount of bond shall be described in the notice inviting bids.

3.32.160 - Open market purchase—When authorized.

Purchases of supplies and equipment of an estimated unit value of five thousand dollars or less may be made by the purchasing officer in the open market pursuant to the procedure hereinafter prescribed and without observing the procedure prescribed in Sections 3.32.080 through 3.32.150.

3.32.170 - Open market purchase—Solicitation of bids.

The purchasing officer shall solicit bids or place orders by written requests to prospective vendors, by telephone, and/or by public notice posted on a public bulletin board in the City Hall.

3.32.180 - Open market purchase—Records required and open to public.

The purchasing officer shall keep a record of all open market orders for a period of one year after the placing of orders. This record, while so kept, shall be open to public inspection.

3.32.190 - Open market purchase—Minimum number of bids—Award to low bid.

Open market purchases shall, wherever possible, be based on at least three bids or responses by vendors.

3.32.200 - Informal bidding procedures.

A. Informal Bid. Public projects, as defined by the California Uniform Construction Cost Accounting Act, and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code.

B. Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

C. Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided however:

1. If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.

2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

D. Award of Contracts. The city manager or his/her designee is authorized to award informal contracts pursuant to this section.

3.32.210 - Cooperative purchasing.

A. Cooperative Purchasing Agreements. Nothing in Chapter 3.32 shall prohibit the participation by the City of Carpinteria in any voluntary cooperative purchasing agreement, agreements or programs entered into between the City of Carpinteria and any local, state, or federal government, or association of governmental agencies within the United States which is authorized by state or federal law or regulations.

B. Surrogate Bidding. Nothing contained in this chapter shall prohibit the participation by the City of Carpinteria in a surrogate bidding process where the City purchases equipment, supplies, or services at the same price as a contract awarded by another local, state, or federal government, or association of governmental agencies within the United States following a competitive bidding process that substantially conforms to the City's purchasing procedures.

C. Federal GSA Contracts, California Multiple Awards Schedule Contracts and Leverage Procurement Agreements. Nothing contained in this chapter shall prohibit the participation by the City of Carpinteria in any purchase under a Federal General Service Administration (GSA) contracts, California Multiple Award Schedule Contract, Leverage Procurement Agreement or other similar agreement authorized by state or federal law or regulations.

D. Authority to Act. The purchasing officer is authorized in his or her discretion to act under the provisions of Chapter 3.32 to procure for the City supplies and equipment in conjunction with such voluntary cooperative purchasing agreement, surrogate bidding process, California Multiple Award Schedule Contract, or California Leverage Procurement Agreement or other similar agreements authorized by state or federal law or regulations to the extent such purchases are within the budget approved by the City Council. The procedures set forth in Sections 3.32.080 through 3.32.190 shall not apply to the purchase supplies and equipment through any voluntary cooperative purchasing agreement, surrogate bidding process, California Multiple Award Schedule Contract, or California Leverage Procurement Agreement or other similar agreements authorized by state or federal law or regulations entered into under the provisions of this section. All formal contract and bidding procedures to be followed in such cases shall be those specifically enumerated in the voluntary cooperative purchasing agreement, surrogate bidding process, California Multiple Award Schedule Contract, or California Leverage Procurement Agreement or other similar agreements authorized by state or federal law or regulations.

Chapter 3.31 – PUBLIC PROJECT BIDDING

3.31.010 - Purpose.

This chapter is enacted for the purpose of implementing the Uniform Public Construction Cost Accounting Act ("Act") (Public Contract Code section 22000 et seq.) and the policies and procedures of the California Uniform Construction Cost Accounting Commission ("Commission"). The City elected, via Resolution No. 4603, to become subject to the Uniform Public Construction Cost Accounting Procedures on May 22, 2000.

3.31.020 - Public project bidding requirements.

The cost limitations and circumstances for determining whether a public project may be performed by force account, negotiated contract, purchase order, informal bidding, or formal bidding are those set forth in the Act.

3.31.030 - Informal bidding procedures.

Public projects in amounts established by Public Contract Code section 22032, as it may be amended from time to time, that are subject to informal bid procedures may be let to contract as follows:

A. Contractors List. The City will develop and maintain a list of contractors in accordance with section 22034 of the Act and the criteria established by the Commission.

B. Notice to Contractors. The City will solicit bids by written request to contractors licensed and experienced for the type of public work to be performed from the City's list of qualified contractors established pursuant to this section. Qualified contractors on the list for the category of work to be performed and all construction trade journals specified by the Commission pursuant to section 22036 of the Act will be mailed a notice inviting informal bids unless the product or service is proprietary.

C. Form of Notice. The notice inviting informal bids must describe (1) the project in general terms, (2) how to obtain more detailed information concerning the project, and (3) state the time and place for the submission of bids.

D. The mailing of notices to such qualified contractors and construction trade journals shall be completed not less than 10 calendar days before bids are due.

E. Award of Contract. The award of the contract may be made to the lowest responsible bidder. If two or more bids are the same and the lowest, the City may accept the one it chooses. If all bids received are in excess of the amounts permitted for informal contracts, an award may be made pursuant to Public Contract Code section 22034.

F. Rejection or Absence of Bids. The City reserves the right to reject any and all bids presented. If the City rejects all bids received and after reevaluating its cost estimate of the project, it may either abandon the project, readvertise for bids, or by passage of a resolution by 4/5 vote of the council declare the project may be more economically performed by City employees and have the project done by force account. If no bids are received, the public project may be performed by City employees by force account or by negotiated contract.

3.31.040 - Formal bidding procedures.

Public projects that exceed the maximum permitted amount under the Act for informal bidding and are not otherwise exempt must be let to contract by formal bidding procedures in accordance with the Act and other applicable provisions of the Public Contract Code.

Notice inviting formal bids shall be in accordance with Public Contract Code section 22037.

3.31.050 - Delegation of authority to award contracts.

The City Manager is authorized, without City Council approval, to award contracts pursuant to this chapter for a public project to be performed by force account, negotiated contract, purchase order, or informal bidding. Contracts to be awarded based upon formal bidding procedures must be approved by the City Council.

CHAPTER 3.32 - SURPLUS PERSONAL PROPERTY

3.32.010 – Authority
Surplus Personal Property belonging to the City shall be disposed of according to the provisions of this Chapter. Pursuant to the City’s Procurement Policy, the City Manager has the power and duty to dispose of the City’s Surplus Personal Property that is no longer required for public use.

3.32.020 - Surplus personal property defined.

For purposes of this Chapter, the following words and phrases shall be construed to have the meanings set forth in this Section, unless it is apparent from the context that a different meaning is intended:

A “Personal property” means all property, other than real property, consisting of things that are temporary or moveable.

B. “Surplus” means personal property that: (1) Does not function in whole or in part; (2) Requires repair that is too costly or not feasible; (3) Is technologically or otherwise obsolete; (4) Worn out or at the end of its useful life; (5) Is otherwise no longer useful to the City; (6) Is not needed in the foreseeable future to meet City needs or responsibilities.

3.32.030 - Duty to report surplus personal property.

A. From time to time, the head of each department shall submit to the City Manager a list of personal property deemed surplus for the use of such department, and the same shall be known as Surplus Personal Property. The City Manager may transfer personal property deemed surplus by one department to another department of the City prior to disposing of it as provided in Section 3.32.040 of this Chapter.

B. Personal property purchased with grant funds may have inherent disposal requirements. Department heads should review grant documents to identify any specific restrictions related to the disposal, sale or re-use of Personal Property prior to notifying the City Manager of the item’s status as surplus. Absent any restrictions, Personal Property purchased with grant funds will be handled in the same manner as other Surplus Personal Property.

3.32.040 - Disposal required.

A. The City Manager is authorized to sell or dispose of Surplus Personal Property having a salvage value in the open market by any means legally available including, but not limited to, the following: public auction; electronic auction or sale, including internet-based market places and consignment; competitive sealed bid; negotiated sale to other public or quasi-public agencies; or exchange or trade in for new goods or other personal property for use by the City. If the property designated as Surplus Personal Property has an estimated value greater than one hundred thousand dollars ($100,000.00), the City Manager shall dispose of such property as directed and provided by resolution of the City Council.

B. Surplus Personal Property should generally be sold at fair market value. Sales prices of less than fair market value should be supported by written justification supporting the reduced price. Extremely reduced pricing may require City Council approval.

3.32.050 - Property designated as having no value.

Surplus Personal Property that is determined by the City Manager to be unsalable or to have little or no estimated salvage or appraisal value, such that disposal by such means would result in unnecessary cost, effort or expense to the City, may be disposed of by the City Manager in any manner he deems appropriate, including but not limited to, recycling or disposing the same in an environmentally responsible manner. In the event of such disposal, the City Manager or his designee shall retain records of such disposition as provided in Section 3.32.060, below.

3.32.060 - Records.

The City Manager or his designee shall keep detailed records of all Surplus Personal Property that has been disposed of, including amounts received for the sale of surplus personal property, for a period of at least two years; and shall provide the City Council with an annual report of said dispositions, if any.

3.32.070 - Donations.

In addition to the methods of disposal listed in this Chapter, the City Manager may authorize the disposal of Surplus Personal Property through donation of such property to a governmental, public or quasi-public agency, or to a charitable or other nonprofit organization.

3.32.080 - Proceeds of sale.

Proceeds from the sale of Surplus Personal Property shall be deposited into the appropriate fund as determined by the Administrative Services Director.

3.32.090 - Purchase or receipt of surplus personal property by city personnel prohibited.

No City officer or employee, or members of their immediate family, shall purchase City Surplus Personal Property sold in accordance with this Chapter, unless the same is offered to the general public (e.g., though auction services). In order to avoid a prohibited gift of public funds, no City officer or employee, or members of their immediate family, shall receive or accept City Surplus Personal Property that has been designated as having little or no value and/or which is intended for donation by the City in accordance with this Chapter.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
July 8, 2024

ITEM FOR COUNCIL CONSIDERATION
Adopt Resolution No. 6339, combining and amending the Conditions of Employment for Miscellaneous Unrepresented and Management Personnel including amendments to classification, work schedules, compensation adjustments, leave, holidays and health benefits.

STAFF RECOMMENDATION
Adopt Resolution No. 6339, combining and amending the Conditions of Employment between the City of Carpinteria and Miscellaneous Unrepresented and Management Personnel, including amendments to classification, work schedules, compensation adjustments, leave, holidays, and health benefits for the period of July 1, 2024 – June 30, 2025, and authorize the City Manager to implement the changes retroactively to July 1, 2024.

Sample Motion: I move to adopt Resolution Nos. 6339, as read by title only.

BACKGROUND
The City of Carpinteria conducts regular reviews and updates of the Conditions of Employment for Miscellaneous Unrepresented and Management Personnel to achieve the following objectives:
• Maintain fair and competitive compensation and benefits by ensuring market competitiveness, attracting and retaining top talent, and adjusting for inflation and cost of living changes.
• Ensure compliance with evolving labor laws and regulations to meet federal, state, and local legal requirements and align with best practices. • Promote employee satisfaction and morale through improved work-life balance and recognition of employee contributions.
• Enhance organizational efficiency and effectiveness by aligning job roles with operational needs and fostering a high-performance culture. • Incorporate employee feedback and address diverse needs to customize benefits, meet employee needs, and create a supportive and inclusive work environment.

Adopt Resolution No. 6339, Amending the Conditions of Employment for Miscellaneous Unrepresented and Management Personnel
July 8, 2024

• Support the City’s strategic goals and operational changes by aligning employment conditions with strategic priorities and adapting to technological advancements and changing service demands.
• Foster a fair, supportive, and progressive workplace that promotes equity and inclusion, reflecting the City’s commitment to employee well-being.

Since 1992, there have been two separate COEs for nonexempt Miscellaneous Unrepresented Personnel (Resolution No. 2093) and Management Personnel (Resolution 3032). Since that time, several revisions have occurred. However, most recently, on July 24, 2023, the City Council adopted Resolutions No. 6263 and 6264 approving the Conditions of Employment (COE) for Miscellaneous Unrepresented and Management Personnel, respectively. The approved COEs included changes to core benefits to be consistent with the Memorandum of Understanding with SEIU. In addition, at the July 24, 2023 City Council meeting, staff notified Council of the need to conduct a review of both COE documents to identify additional improvements in the COEs and to determine the necessity to merge these documents.

Upon detailed review, staff has identified that the two COE documents have significant overlapping language and therefore a merger of these documents is recommended to streamline and unify administrative practices within the City of Carpinteria. Aligning these policies will ensure consistency across all levels of City personnel, improve efficiency, and reinforce the City’s commitment to follow best practices, and ensure equitable treatment. In addition, the single document clearly distinguishes the differences between Miscellaneous Unrepresented and Management personnel.

In addition to merging the two COE documents, staff has identified additional improvements affecting the classification, work schedules, compensation, leave regulations, legal holidays, and fitness program. The proposed changes are designed to support employee well-being, operational and fiscal efficiency, legal compliance, and competitiveness in attracting and retaining a skilled workforce essential for delivering public services effectively.

The draft version of the proposed COE changes was presented to all staff on April 25, 2024. The feedback from staff regarding these changes has been positive. On May 23, 2024, the Finance Committee was also presented the proposed COE changes. The Committee agreed to have staff present the proposed COE to the City Council for consideration and potential approval. Additionally, on June 24, 2024, a side letter was presented to SEIU outlining the proposed changes. SEIU declined side letter amendments and prefers to discuss proposed changes in the future.

The purpose of this agenda item is to approve the COE recommended changes which will further enhance operational efficiency and will increase the City’s market competitiveness.

Adopt Resolution No. 6339, Amending the Conditions of Employment for Miscellaneous Unrepresented and Management Personnel
July 8, 2024

DISCUSSION
Attached to Resolution 6339 (Attachment A) is the proposed final COE (Exhibit 1) for the Miscellaneous Unrepresented and Management Personnel. The “red line” version of a merged COE (Attachment B) consisting of Resolutions No. 6263 (COE for Miscellaneous Unrepresented Personnel) and No. 6264 (COE for Management Personnel) highlights the proposed changes. The key recommended changes are summarized below:
• Section 1. Classification
o Miscellaneous Personnel are non-exempt positions whereas Management Personnel are exempt positions. Additional language is added to designate Management Personnel as Executive Management, Mid-Management, or Management. Position classifications have been designated by salary Resolution No. 6333.
• Section 2. Work Schedule
o 2.2 Work Schedules Defined: This section has been added to define a uniform set of guidelines related to work schedules: 9/80, 4/40, and 5/40 work schedules.
o 2.3 Flexible Hours: This section pertaining to Management employees has been removed. Management employees are exempt from overtime and currently accrue flex hours for hours worked beyond their regularly scheduled workday. For best practices, Flex hours and Administrative Leave (which is currently included in PTO) are being removed and replaced with Management Leave hours.
• Section 3. Compensation and Benefits
o 3.3 Base Wage Adjustment: The evaluation date for an employee is being revised to be consistent with current practice. An employee hired or promoted on or after July 1, 2022, will have a 12-month evaluation on their one-year anniversary date of hire or promotion. The employee will then be evaluated annually on that date. An employee hired or promoted on or before June 30, 2022, will continue to have an annual evaluation on July 1. o 3.3 B(a) Base Wage Adjustment: Currently, employees may be eligible for a performance-based merit increase up to 8%. Due to budgetary constraints, for Fiscal Year 2024-25, the maximum merit increase will be capped at 5%.
o 3.3 B(b) Base Wage Adjustment: A 3.9% cost of living adjustment (COLA) will be applied to the salaries of Management and Miscellaneous employees, based on the California Consumer Price Index (CPI) for March 2024, specific to the Los Angeles-Long Beach-Anaheim area. For new hires, this COLA will be prorated according to their date of hire. o 3.20 Paid Rest and Recovery Time: For best practice, this section has been removed. This change ensures alignment with the Fair Labor Standards Act (FLSA) overtime rules, which already provide compensation for extended work hours. The existing overtime compensation adequately addresses the extra time worked, making the additional time-off provision redundant.

Adopt Resolution No. 6339, Amending the Conditions of Employment for Miscellaneous Unrepresented and Management Personnel
July 8, 2024

• Section 4. Leave Regulations
o 4.1 Management Leave: As exempt employees, management employees do not receive overtime pay. Instead, they are provided with Administrative Leave in recognition of the additional time and effort they invest in their roles. Currently, the PTO for Management includes Administrative Leave hours, with Executive Management receiving 48 hours and MidManagement receiving 40 hours. These hours will be accounted for in a separate leave schedule, Management Leave. Additional language has been added to designate Management as Executive Management, MidManagement, or Management, who shall receive 80, 60, or 40 hours of Management Leave, respectively.
o 4.3 – 4.5 Annual PTO Bank, Accrual, and Schedule: Currently, employees receive 50% of their Annual PTO accrual hours in July and the remaining 50% in January. For best practices, the recommendation is to provide Annual PTO on a bi-weekly accrual basis. Additionally, changes were made to be consistent with SEIU, increase market competitiveness, and/or align with best practices. Changes include the following:
▪ Annual accrual tiers are revised to 0-2, 3-5, 6-10, 11-15, 16-20, and 20+ years of service.
▪ To be equitable with SEIU, the annual accrual begins at 168 hours accrued at 6.4616 hours bi-weekly.
▪ To provide consistency, each tier is increased in 24-hour increments. ▪ The top tier is 21 years of service receiving 288 hours accrued at

11.0769 hours bi-weekly.
o 4.9 Annual PTO Bank Accumulation: The current COE allows employees a maximum Annual PTO leave bank of 160 hours. The recommendation is to increase the Annual PTO maximum accrual cap to one and a half (1.5) times the annual accrual.
o 4.10 PTO Bank Cash-Out: Employees may continue to cash out up to 80 hours of leave. The recommendation is to increase the required balance from 40 hours to 80 hours and include a provision to require employees to use at least 40 hours of their Annual PTO during the calendar year before issuing a cash out.
• Section 5. Legal Holidays
o 5.1 Designated Legal Holidays: The recommendation is to provide an additional three (3) eight-hour floating holidays on a calendar year basis. o 5.2 Floating Holiday: Additional language is added to provide the three (3) eight-hour floating holidays (24 hours) the first pay period in January. For the 2024 calendar year, employees will receive prorated 12 Floating Holiday hours. Employees hired during the calendar year will receive prorated Floating Holiday hours. Floating Holiday hours must be used in the calendar year they are earned, have no cash value, and shall not be carried forward. o 5.3A Holiday Pay: Currently, employees receive paid holiday hours based on their regularly scheduled workday in which the holiday falls. Language has been added to provide employees with eight (8) hour of paid holiday Adopt Resolution No. 6339, Amending the Conditions of Employment for Miscellaneous Unrepresented and Management Personnel
July 8, 2024

hours on designated legal holidays. If a holiday occurs on an employee’s regular nine (9) or ten (10) hour day, the employee must use one (1) or two (2) hour(s) of leave accrual, such as Annual PTO, floating holiday, or compensatory time to fulfill the nine (9) or ten (10) hour day. Holiday hours shall be used in the calendar year in which they are earned and shall have no cash value.
o 5.3C Holiday-In-lieu Bank: Additional language is added to allow employees to bank holiday hours. In the event an employee may be required to work on a holiday, the employee may bank the holiday hours up to a maximum of 40 hours. Any unused holiday bank hours can be rolled over into the next calendar year.
• Section 8: Health Benefits Programs
o 8.5 Fitness Program: The City currently provides reimbursement of fitness membership costs up to $600 per fiscal year. To incentivize employees to maintain health, the criteria are expanded to allow reimbursement for fitness costs, including fitness programs, subscriptions, gym reimbursements, and weight management programs.

The purpose of this agenda matter is to allow the City Council to consider approval of the proposed changes to the COE for Miscellaneous Unrepresented and Management Personnel.

POLICY CONSISTENCY
The recommended action aligns with the City's 2024 Annual Work Plan Primary Goal #4:
"Invest in a high-performance team at City Hall" by supporting employee well-being, and competitiveness in attracting and retaining a skilled workforce essential for delivering public services effectively.

The proposed Conditions of Employment for Miscellaneous Unrepresented and Management Personnel are also consistent with the City’s interest in offering competitive compensation as part of the Staff Recruitment, Retention and Development Program.

FINANCIAL CONSIDERATIONS
Sufficient funding for the proposed changes was included in the Fiscal Year 2024/2025 budget.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal or risk management concerns.

Adopt Resolution No. 6339, Amending the Conditions of Employment for Miscellaneous Unrepresented and Management Personnel
July 8, 2024

OPTIONS

1. Adopt Resolution No. 6339.

2. Direct staff to modify the Conditions of Employment for Miscellaneous Unrepresented Management Personnel, in which case the matter may need to be continued at a future Council meeting.

3. The City Council could choose not to approve the Conditions of Employment for Miscellaneous Unrepresented and Management Personnel and direct staff as appropriate.

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

ATTACHMENTS
A. Resolution No. 6339: COE for Miscellaneous Unrepresented and Management Personnel
Exhibit 1 COE for Miscellaneous Unrepresented and Management Personnel
B. Redline COE for Miscellaneous Unrepresented and Management Personnel Staff contact:

Teresa Ilasin, Management Analyst II
(805) 755-4458; [email protected] Signature
Reviewed by:

Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected] Signature
Reviewed by:

Michael Ramirez, City Manager
(805) 755-4450; [email protected] Signature

ATTACHMENT A
Resolution No. 6339
RESOLUTION NO. 6339

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA APPROVING AND ADOPTING REVISIONS TO THE

CONDITIONS OF EMPLOYMENT FOR THE MISCELLANEOUS

UNREPRESENTED AND MANAGEMENT PERSONNEL FOR FISCAL
YEAR 2024-2025 AND SUPERSEDING RESOLUTION NOs. 6263 AND 6264
WHEREAS, the City of Carpinteria City Council recognizes that the Conditions of Employment (COE) for Miscellaneous Unrepresented and Management Personnel should be addressed separately from classified employees covered under the Memorandum of Understanding between the City of Carpinteria and the Service Employees International Union (SEIU) Local 620; and
WHEREAS, Miscellaneous Unrepresented and Management Personnel includes exempt and non-exempt positions as designated in Salary Schedule Resolution No. 6333; and
WHEREAS, on July 24, 2023, the Carpinteria City Council adopted Resolutions No. 6263 and 6264, approving COE for Miscellaneous Unrepresented and Management Personnel respectively; and
WHEREAS, staff conducted a review of both COE documents and identified significant overlapping language, recommending a merger of these documents for consistency and clarification of distinguishing characteristics; and WHEREAS, the proposed merged COE document includes additional amendments to classification, works schedules, compensation and benefits, leaves, legal holidays, and fitness program designed to support employee well-being, operational and fiscal efficiency, best practices, and competitiveness in attracting and retaining a skilled workforce essential for delivering public services effectively; and WHEREAS, the draft version of these changes was presented to all staff on April 25, 2024 and the Finance Committee on May 23, 2024, receiving positive feedback; and WHEREAS, on June 24, 2024, a side letter was presented to SEIU outlining the proposed changes, with SEIU preferring to discuss the proposed changes in the future; and
WHEREAS, the City Council has reviewed the proposed revisions and finds them consistent with the City’s interest in offering competitive compensation as part of the Staff Recruitment, Retention, and Development Program; and Resolution No. 6339

WHEREAS, sufficient funding for the proposed changes was included in the Fiscal Year 2024-25 budget; and
NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The revised Conditions of Employment for Miscellaneous Unrepresented and Management Personnel, attached hereto as Exhibit 1, effective July 1, 2024, is hereby approved and implementation by the City Manager is authorized; and SECTION 2. Resolution No. 6339 supersedes Resolution Nos. 6263 and 6264.

PASSED, APPROVED AND ADOPTED on the 8
th day of July, 2024, by the
following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):
________________________
Mayor, City of Carpinteria
ATTEST:
_____________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on the 8
th day of July, 2024.
_____________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
Resolution No. 6339

APPROVED AS TO FORM:
_______________________________
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Conditions of Employment
July 1, 2024 to June 30, 2025

Exhibit 1 to Resolution No. 6339

CITY OF CARPINTERIA

CONDITIONS OF EMPLOYMENT
EFFECTIVE JULY 1, 2024

TABLE OF CONTENTS

SECTION NUMBER PAGE NUMBER
SECTION 1: CLASSIFICATION ..............................................................................................................2 SECTION 2: WORK SCHEDULE.............................................................................................................2 SECTION 3: COMPENSATION AND BENEFITS ..................................................................................4 SECTION 4: LEAVE REGULATIONS.....................................................................................................9 SECTION 5: LEGAL HOLIDAYS ..........................................................................................................20 SECTION 6: WORKERS' COMPENSATION INSURANCE ................................................................23 SECTION 7: RETIREMENT PROGRAM...............................................................................................23 SECTION 8: HEALTH BENEFITS PROGRAMS..................................................................................24 SECTION 9: SERVICE AWARDS..........................................................................................................28 SECTION 10: EDUCATION/TRAINING AND PROFESSIONAL DEVELOPMENT...........................28 SECTION 11: MISCELLANEOUS POLICIES.........................................................................................29

APPENDIX A PERSONAL USE OF ELECOMMUNICATION EQUIPMENT, ELECTRONIC MAIL, VOICE-MAIL ANDOTHER COMPUTER SYSTEMS .................................................. 37 APPENDIX B SUBSTANCE ABUSE POLICY ...................................................................................... 40 APPENDIX C HARASSMENT, DISCRIMINATION AND RETALIATION........................................ 48 APPENDIX D RETURN TO WORK ....................................................................................................... 54 Conditions of Employment
July 1, 2024 to June 30, 2025

SECTION 1: CLASSIFICATION
Miscellaneous Unrepresented Personnel: For the purpose of the Conditions of Employment (COE), this category includes non-exempt full-time positions that are not classified as Management Personnel and are not represented by SEIU Local 620.

Management Personnel: For purposes of the COE, this category includes exempt, full-time positions designated as Executive Management, Mid-Management or Management.

Position titles, exempt status, management designation, and salary bands are set forth by salary resolution approved by the City Council.

1.1 EMPLOYER/EMPLOYEE RELATIONSHIP:

A. Employees in the Miscellaneous Unrepresented Personnel category are full-time employees. None of the positions are exempt from overtime requirements of the Federal Fair Labor Standards Act and, as with other non-exempt employees, all overtime must be authorized in advance (unless in emergency) by the affected employee's department head.

B. Employees in the Management Personnel category are classified as a salaried, at-will employee and not hired for any specified term. Accordingly, the employee is free to resign from their position at any time, with or without cause, upon oral or written notice to the City Manager and, similarly, the City may end its employment relationship with the employee or change their status (i.e., modify the position, implement a demotion, adjust wages, etc.) at any time, with or without cause, upon oral or written notice to the employee.

None of the provisions of the COE for Management Personnel are intended to modify this employment relationship.

1.2 PERSONNEL RULES:

A. Miscellaneous Unrepresented employees are defined in the Personnel Rules, and those definitions are adopted for use in these COE as well. The City intends to continue to review and develop revised personnel rules, regulations, and grievance procedures, employee handbook, job classifications and job descriptions.

B. Management Employees serving in Executive Management, Mid-management, and Management positions are exempt from the City's Personnel Rules. They are "at-will" employees, serving at the pleasure of the City Manager. By the executive, administrative and/or technical nature of their positions, they have been determined to be exempt from the overtime requirements of the Federal Fair Labor Standards Act.

SECTION 2:WORK SCHEDULE

2.1 OVERALL POLICY FOR WORK SCHEDULES:

This policy provides a uniform set of guidelines relating to work hour schedules as set by the City.

Alternate work schedules may be permitted or required of employees in those departments where Conditions of Employment
July 1, 2024 to June 30, 2025

it will not result in a reduction in the quality of level of service as authorized by the appropriate Department Head and approved by the City Manager.

The City agrees that the normal regular work schedules for full time employees in the competitive service shall be eighty (80) work hours in a two-week period, i.e., every other week, employees may have a Regular Day Off. A Department Head has the discretion to assign the Regular Day Off within the two-week period. The Regular Day Off shall normally be part of three consecutive days, including a weekend.

A Department Head shall only require an employee to involuntarily transfer to a work schedule for good and sufficient business reasons.

Time sheets shall reflect 80 hours worked in the pay period unless a full day absence has been taken, or a partial day absence has been taken pursuant to Section 3.5, either of which should be reported using appropriate accruals.

Time sheets shall be electronically submitted in the City’s electronic timekeeping system by each individual employee.

The work period shall be consistent with the provisions of the Fair Labor Standards Act (FLSA).

2.2 WORK SCHEDULES DEFINED
9/80 Work Schedule:

Employees permitted or required to work on a 9/80 schedule shall have their work week defined as forty (40) hours each week to comply with the provisions of the Fair Labor Standards Act (FLSA). For all employees working the 9/80 schedule, the workweek shall begin exactly four (4) hours after the start of their eight (8) hour shift on the day of the week which constitutes their alternating regular day off. 4/40 Work Schedule:

Employees who work a 4/40 work schedule typically work 10 hours/day for four (4) days.

Regular work hours for the 4/40 schedule will be 10 hours/day. 5/40 Work Schedule:

Employees who work a 5/40 work schedule typically work eight (8) hours/day for five (5) consecutive days. Regular work hours for the 5/40 schedule will be eight (8) hours/day.

Flexible Work Schedules:

Consistent with the needs of the City (e.g., City Council Meetings, Boards, Commissions, and Committees, and other City special events), employees are not necessarily required to work a fixed schedule. Arrival and departure times, meal and break times, and the length of the workday may vary from time to time as determined by the Department Head.

Flexible work schedule (Flextime) permits options for starting and quitting time. Example:

Monday – Thursday, 7:00 a.m. – 6:00 p.m.; 1-hour lunch break. Over the course of an employee’s normal work schedule, the employee shall utilize a combination of work time, annual leave time, holiday time, and/or other City authorized leave time equal to 80 hours.

Conditions of Employment
July 1, 2024 to June 30, 2025

Individuals may request flexible work schedules which meet their personal needs, however, the flex day selected is subject to the operational needs and requirements of the department as determined by the City Manager.

The program will be evaluated on an on-going basis regarding personal performance standards, as well as monitoring staffing needs to ensure that the public is being appropriately served. Continuation of such schedules shall be subject to review and approval of the City Manager.

SECTION 3: COMPENSATION AND BENEFITS

3.1 PAY STATUS:

An employee is considered to be in pay status and eligible for benefits under any of the following circumstances:
• While working regular hours
• While on authorized Leave Bank hours
• While on authorized PTO Injured on Duty (IOD) status
• While on authorized jury duty
• Management Leave (Management employees)
• Compensatory time off (Miscellaneous employees)
The City Manager may authorize coverage of benefits on an individual basis for employees on authorized leave without pay for a period of up to four (4) months when it is deemed appropriate or is otherwise required by law.

3.2 METHOD OF PAYMENT:

Employees shall be paid on a bi-weekly basis and pay checks will be available on the Thursday afternoon following the close of the regular pay period unless holidays or circumstances beyond the control of the City occur in which case all necessary action will be taken to ensure that individual pay checks are available with a minimum of delay.

Employees are encouraged to take advantage of direct deposit of payroll checks. Upon request, payroll checks may be directly deposited to an employee's checking or savings account.

3.3 BASE WAGE ADJUSTMENT:

Employees may be eligible to have their base wages adjusted pursuant to the results of an annual performance-based employee evaluation and within the position salary range of the classification.

The evaluation format shall be determined by the City Manager or their designee.

Employees hired or promoted on or before June 30, 2022 will have an annual evaluation on July 1 and effective the first full pay period after July 1, may be eligible to have their base wages adjusted pursuant to the results of an annual merit-based performance evaluation.

Employees hired or promoted on or after July 1, 2022 will receive a 12-month evaluation on the one-year anniversary date of hire or promotion and may be able to have their base wages adjusted Conditions of Employment
July 1, 2024 to June 30, 2025

pursuant to the results of the evaluation and within the position salary range of the classification.

Each year thereafter, the employee will have an annual evaluation on their anniversary date of hire or promotion.

A. The result of the Performance Rating shall be used by the City Manager to determine the appropriate increase to the base wage as illustrated in the Merit Increase Matrix. The exact increase within the range provided forin the Matrix shall be determined by theCity Manager.

The City Manager may approve an additional merit increase up to 10%.

B. For Fiscal Year 2024-25 (effective July 1, 2024):
a. A performance-based merit increases will be a maximum of five percent (5%) and within the salary range of the employee’s classification. b. A 3.9% cost of living adjustment (COLA) will be applied to the salaries of Management and Miscellaneous staff, based on the California Consumer Price Index (CPI) for March 2024, specific to the Los Angeles-Long Beach-Anaheim area. For new hires, this COLA will be prorated according to their date of hire.

MERIT INCREASE MATRIX*
Salary Relative to Position Control Point

84.2105% 94.7369% 105.2633%
to to to
Rating 94.7368% 105.2632% 115.7895%

4.6 and Above 8.0000% 7.0000% 6.0000%

4.4 7.5000% 6.5000% 5.5000%

4.2 7.0000% 6.0000% 5.0000%

4.0 6.5000% 5.5000% 4.5000%

3.8 6.0000% 5.0000% 4.0000%

3.6 5.5000% 4.5000% 3.5000%

3.4 5.0000% 4.0000% 3.0000%

3.2 4.5000% 3.5000% 2.5000%

3.0 4.0000% 3.0000% 2.0000%
Less than 3.0 0.0000% 0.0000% 0.0000%
Conditions of Employment
July 1, 2024 to June 30, 2025

*Note: For Fiscal Year 24-25, the maximum merit increase will be capped at 5%.

C. All wage increases are subject to availability of funds as authorized by City Council.

OUTSTANDING OBLIGATIONS UPON TERMINATION:

If an employee has any outstanding obligations due to the City, such as advance use of any benefits or lost or damaged equipment, at the time of termination, the employee will be so notified and requested to reimburse the City for any such outstanding obligations due to the City.

3.4 REPORTING HOURS WORKED:

The individual employee is responsible for accurately reporting all hours worked. Hours worked shall be reported in not less than quarter (1/4 or .25) hour increments of time actually worked. Time worked 7 1/2 minutes or less will not be reported and time worked in excess of 7 1/2 minutes will be reported as a quarter (.25) hour. Such time shall be verified by the employees' supervisor.

3.5 BREAKS:

Each affected employee shall be entitled a thirty (30) up to a sixty (60) minute unpaid lunch period and two paid breaks per eight-hour working day. The morning break and the afternoon break are fifteen (15) minutes. Breaks shall not be taken earlier than one hour after starting work in the morning or lunch, or later than one hour before lunch or the end of the working day.

Breaks do not accumulate and will coordinated with the employee's supervisor.

3.6 OVERTIME RECORDS (Miscellaneous Employees):

Employees shall accurately report all overtime in hours actually worked on their biweekly timesheet. The Finance Office shall convert all reported overtime hours worked to time and onehalf, identify reported overtime hours worked as regular overtime hours and/or premium overtime hours and record such converted hours to the credit of the affected employee. All overtime must be authorized in advance (unless in emergency) by the affected employee's department head.

3.7 OVERTIME COMPENSATION (Miscellaneous Employees):

The affected employee shall be compensated for overtime hours asfollows:

A. Timesheets determine actual hours worked by calculating the elapsed time between clock in times and clock out times in quarter hour increments. See Section 3.5 (Reporting Hours Worked).

B. PTO, holiday, compensatory time off and other time not actually worked are not counted as hours worked for overtime purposes.

C. Hours worked in excess of the employee's regularly scheduled hours in any one work day (12 midnight to 12 midnight) or in excess of the employees total regularly scheduled hours in any work week (Saturday through Friday) are recorded as overtime hours worked. Hours worked that are in excess of both the employee's regularly Conditions of Employment
July 1, 2024 to June 30, 2025

scheduled hours in the work day and the work week are not considered as separate incidents of overtime worked.

D. Hours worked on a day that has no scheduled hours (usually weekend days or holidays) are recorded as overtime hours worked with a two-hour minimum.

E. At the end of each two week pay period, total overtime hours worked are accumulated. Hours worked in excess of the employee's total regularly scheduled hours in any work week are categorized as overtime hours.

F. Overtime hours are multiplied by 1.5 the regular rate of pay and the resulting hours are added to the employee's overtime bank.

G. Hours in an overtime bank in excess of 100 at the end of a payroll cycle will be paid in the subsequent payroll at the employee's regular base pay hourly rate then in effect and the paid hours deducted from the overtime bank.

H. At the employee's choice, overtime hours recorded on an employee's timesheet may be either (a) paid or (b) accrued to the employee's overtime bank to be used as compensatory time off or paid at a later time as provided in this section. Employees must specify in writing on their timesheet which one of these two options is chosen. If the employee does not specify how the overtime hours should be treated, the default option is to be paid for the hours.

I. If an employee elects and is approved to use some or all of the employee's accrued overtime bank as compensatory time off, the amount taken as compensatory time off shall be deducted from the employee's overtime bank on an hour-for-hour basis.

J. No overtime shall be worked without department head approval in advance in writing. However, such approval shall be given in any case in which the affected employee worked such overtime at the direction of a supervisor. No overtime shall be authorized or worked for the convenience of the employee (i.e. voluntary shift trading, etc.).

K. Management shall assign overtime work as equitably as possible among all qualified employees in the same classification in the same organizational unit and work location.

L. During the month of December, an employee may elect to convert accumulated overtime hours accrued in their overtime bank and receive either a cash buy-out of a portion or all ofsuch accumulated accrued time in their overtime bank or contribute the value of the cash buy-out to their existing 457 plan up to the legally allowed maximum and with proper notice. An employee must make an irrevocable election (i.e., pre-designation) in December, specifying the total number of hoursto be cashedout. During the calendar year following the pre-designation, an employee may choose increments of pre-designated overtime hours to cash-out in April, July and December. If no cash-out occurs during the year and/or any balance of the predesignated amount remains, said amount will be cashed out in December. If the employee does not have the accumulated overtime hours available to satisfy the amount pre-designated for cash-out, the employee will be precluded from making an Conditions of Employment
July 1, 2024 to June 30, 2025

irrevocable election and cashing out for the following calendar year. Such payments will be paid at the employee's regular rate of pay.

M. When employment with the City terminates the City shall make a cash payment for the employee's accumulated unused overtime bank time on the books at the employee's regular base pay hourly rate then in effect.

3.8 CALLBACK PAY (Miscellaneous Employees):

Any affected employee called out to work after his/her normal working hours shall receive a minimum of two (2) hours cash compensation at the rate paid for overtime work. In such cases all work in excess of the two (2) hour minimum shall be compensated at the applicable overtime rate.

The overtime rate shall be based on the employee's base hourly rate. Call-back shall be defined as being called out to work outside one's normal working hours by the Sheriff’s Department, City Manager, or Department Head on an unscheduled basis. An employee should not respond to a callback if any alcoholic beverage has been consumed or a medication taken that might impair his/her ability to perform the duties required.

All affected employees who are required and/or authorized to attend an authorized meeting which starts after the established work day shall be credited for a minimum of two (2) hours overtime. For all time in excess of two (2) hours, normal overtime policies shall be in effect.

In the event a call-out exceeds two (2) hours in actual time for an employee, the time reported for payroll purposes only shall begin with ten (10) minutes prior to the employee reporting for work and end ten (10) minutes after the time the employee leaves work to return home.

Employees in off-duty status will not be required to respond to call-back. The exception being when a state of emergency has been declared by the City Manager.

3.9 WITNESS AND JURY DUTY PAY:

Required court time for off-duty regular full-time City employees shall be treated as overtime, with the minimum time being two (2) hours for any one day. This section shall not apply to any on-duty employees. This section shall apply only in court cases dealing with the scope of employment and shall not apply in cases of a personal or non-job related court action.

Every classified employee of the City who is called or required to serve as a trial juror shall be entitled to absent himself or herself from his/her duties with the City during the period of such service or while necessarily being present in court as a result of such call. Said employee shall continue to receive his/her full compensation from the City while serving on such jury duty, but shall reimburse the City the amount of daily per diem fees (exclusive of travel expenses) paid to such employee while acting as a juror.

3.10 STANDBY PAY (Miscellaneous Employees):

Only the City Manager or Acting City Manager may orderstandby status. When on standby status, an employee shall be required to be on call during normal time off, accessible by telephone or other agreed upon electronic device and available to report to work immediately.

Conditions of Employment
July 1, 2024 to June 30, 2025

The City agrees to pay two hours of straight time pay, or the employee may elect to take two hours compensatory time, per twenty-four (24) hour period or portion thereof in excess of four (4) hours when any miscellaneous unrepresented employee is required to-be on call on a standby basis at home during normal time off. This does not include informal alerts or requests to keep the City Manager or Acting City Manager advised of whereabouts during possible emergencies.

An employee on standby status must be in physical condition to adequately to perform his/her duties and must not have consumed any alcoholic beverage or taken medication or other substance that might, in any way, hinder performance of his/her duties.

SECTION 4:LEAVE REGULATIONS

4.1 MANAGEMENT LEAVE (Management Employees)
Management employees designated as Executive Management, Mid-management, or Management are exempt from overtime and are entitled to Management Leave in accordance to the Management Leave Schedule. New hires in management positions and employees promoted into management position shall receive prorated Management Leave hours based on date of hire or promotion.

Effective July 1, 2024, Flextime hours will be removed from an employee’s bank. Flextime hours for Calendar year 2024 will be prorated in accordance to the Management Leave Schedule.

Management Leave hours will be applied annually to an employee's Management Leave bank beginning with the first full pay period of the Calendar Year. All such Management Leave must be taken by the end of the last pay period of the calendar year. There shall be no carryover unless authorized by the City Manager. Management Leave shall not be paid out at separation of converted to compensation in any form.

The City Manager may grant up to 20 hours of additional Management Leave. The request for additional Management Leave hours must be submitted by the employee’s Department Director with the justification detailing the request for extra hours.

Management Leave Schedule (Calendar Year)
Executive Management Mid-Management Management
80 60 40

4.2 ANNUAL PERSONAL TIME OFF (PTO) LEAVE:

Annual PTO for regular full-time employees is inclusive of all leave benefits (vacation and sick and can be used for vacations, personal time off,sick leave purposes and othertime away from work consistent with the terms of this section. The use of Annual PTO leave for "Sick Leave Purposes" means 1) time off to diagnose, care or treat an existing health condition, or for preventive care for the employee or for the employee's child, spouse, domestic partner, parent, parent of employee's spouse or domestic partner, grandparent, grandchild, or sibling; and 2) time off for employees who are victims of domestic violence, sexual assault, or stalking may also use annual leave to seek medical attention, obtain services from a shelter or crisis center, obtain counseling, or go to court.

Conditions of Employment
July 1, 2024 to June 30, 2025