Carpinteria City Council
March 10, 2025

City of Carpinteria
City Council Regular Meeting Agenda
Monday, March 10, 2025
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
AMENDED AGENDA – ADDED ITEM NO. 10
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website (https://carpinteriaca.gov/cityhall/agendas-meetings/). • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting. • Join the City’s Zoom webinar by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting “Join Meeting”, and entering Webinar ID 889 0390 2262. • Spanish interpretation will be available at the in-person meeting and through the City’s Zoom webinar.

Public Comments
• Provide a live public comment in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment. At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to [email protected], or (2) the eComment link on the City's City Council Regular Meeting Agenda
March 10, 2025

agenda website available at https://carpinteriaca.gov/city-hall/agendas-meetings/.

Please reference the agenda item to which your comment pertains. Although written comments become part of the record, they will not be read aloud at the meeting.

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

Levine Act Warning
Applicants and their agents before the City Council are subject to the campaign disclosure provisions detailed in Government Code Section 84308. No City Council Member may accept, solicit, or direct a contribution of more than $500 from any party for 12 months following the date a final decision is rendered by the City. No City Council Member may accept, solicit, or direct any contribution from an agent of the party during the same time frame. This prohibition commences when an item involving the entitlement has been placed on the City Council’s agenda for a public meeting, when the City Council Members knows the action is within the City Council’s jurisdiction and it is reasonably foreseeable that it will come before the City Council as a decisionmaker, or when the proceeding is before the City Council for its decision. A party to a City proceeding —which includes both applicants and agents—shall disclose on the record of the proceeding any contribution of more than $500 made to any Council Member by the applicant, or any donations made by the agent, during the preceding 12 months. No party to a City proceeding, or agent, shall make a contribution to a Council Member during the proceeding and for 12 months following the date a final decision is rendered by the City. Prior to rendering a decision on a City proceeding, any Council Member who received contribution of more than $500 within the preceding 12 months from any party, or who received any donations from an agent, to a proceeding shall disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any Council Member receives a contribution that otherwise would require disqualification, and returns the contribution within 30 days of knowing about the contribution and the relevant proceeding, the Council Member shall be permitted to participate in the proceeding. If you believe that these provisions apply to you or a Council Member, please inform the City Clerk at the earliest possible opportunity. Failure to do so may affect the City’s ability to process your application.

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
City Council Regular Meeting Agenda
March 10, 2025

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

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

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

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:

1. A Proclamation Designating the Month of April 2025 as “Carpinteria Beautiful Month” in the City of Carpinteria. (Requires taking public comment and approval prior to the City Council reading and presenting the proclamation.)

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL

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

CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda or as otherwise specified below.
a. City Employee Updates
b. Updates on Capital Improvement Projects
c. Updates on Development Applications
d. Other City/Community Updates
PLANNING COMMISSION ACTIONS: NONE
The City Council may vote to appeal a decision of the Planning Commission to itself by majority vote (CMC 14.78.040(2)).

City Council Regular Meeting Agenda
March 10, 2025

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
This is a time for public comments on matters not otherwise on the agenda but within the subject matter jurisdiction of the City Council. The Mayor may establish reasonable regulations for public comment based on the time available and/or the number of persons waiting to speak. Typically, the Council’s practice has been to limit each speaker to three minutes. The audio-visual system in the Council Chamber is not available for speaker use during the general Public Comment period.

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

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

2. Approve the minutes of the regular meeting held February 24, 2025.

3. Receive and file the Expenditures for the period beginning February 17, 2025 and ending February 28, 2025.

4. Adopt Resolution No. 6369, authorizing the filing of the Transportation Development Act Claim for Fiscal Year 2025/26.

5. Issue a Public Convenience or Necessity letter to ABC finding the proposed Channel Islands Surfboards Type 20 off-sale beer and wine license would serve the public convenience or necessity.

6. Authorize the City Manager to execute the Fourth Amendment to the Service Agreement with Granicus, LLC for public meeting streaming and online agenda management services in an amount not-to-exceed $38,879.73 and extend the term through March 31, 2028. (Requires a roll call vote.)
ADMINISTRATIVE MATTERS:

7. Community Development Block Grant Committee recommendations concerning the 2025-2026 and 2026-2027 Public Services Grant Applications and allocation of program funds.

Recommendation: Allocate the CDBG Public Services Grant Funding pursuant to the recommendations of the City’s CDBG Committee to equally share the funds between Peoples’ Self-Help Housing’s “Camino Scholars and College Club” City Council Regular Meeting Agenda
March 10, 2025

program and the United Boys & Girls Club’s Carpinteria Unit. (Requires a roll call vote.)
Staff Presenter: Marysol Smith, Associate Planner
a. Staff Report
b. Public Comment
c. City Council Determination

8. 2024 Housing Element Annual Progress Report: Implementation Status of Housing Element Goals, Policies, and Objectives for Submission to the California Department of Housing and Community Development.

Recommendation: Receive the 2024 Housing Element Annual Progress Report and direct that it be submitted to HCD.

Staff Presenter: Syndi Souter, Senior Planner
a. Staff Report
b. Public Comment
c. City Council Determination

9. Code of Conduct to Ensure the Orderly Functioning of City Council meetings and other public meetings.

Recommendation: Adopt Resolution No. 6370, establishing a Code of Conduct to ensure the orderly functioning of City Council meetings and other public meetings.

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

10. Resolution Opposing Oil Transportation By Pipeline.

Recommendation: Adopt Resolution No. 6373, opposing oil transportation by pipeline and direct staff to transmit the resolution to the Santa Barbara County Board of Supervisors and the California Coastal Commission.

Staff Presenter: Ryan Kintz, Assistant City Manager
a. Staff Report
b. Public Comment
c. City Council Determination
City Council Regular Meeting Agenda
March 10, 2025

PUBLIC HEARING: NONE

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR

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

11. Mid-Year Budget Report Review Appropriation Adjustments.

Recommendation: Accept the Mid-Year Budget Report and approve adjustments to the budget as summarized in Attachment B. (Requires a roll call vote.) Staff Presenter: Licette Maldonado, Administrative Services Director a. Staff Report
b. Public Comment
c. City Council Determination

12. A resolution confirming the City’s continued compliance with the California Values Act (SB 54; Gov. Code § 7284 et seq.)
Recommendation: Adopt Resolution No. 6372, reaffirming the City’s Commitment to Compliance with the California Values Act (SB 54) Requirements.

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

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

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

City Council Regular Meeting Agenda
March 10, 2025

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

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

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

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

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

3. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Alarcon & Mayer) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Mayer and Solórzano) d. City Council/Utilities Committee (Nomura & Clark)
e. City Council/First District Supervisor Committee (Alarcon & Mayer) f. City Council Finance/Budget Committee (Alarcon & Clark) g. Transportation Committee (Clark & Mayer)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura) (PC: To Be Selected by Planning Commission) (ARB: Stein & O’Connor)
i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Solórzano & Clark) (PC: Benefield and Salant)
j. Public Facility Site Acquisition/Development Committee (Clark & Nomura) k. Sustainability Committee (Nomura & Solórzano)
l. Public Engagement Committee (Solórzano & Nomura)

4. Ad Hoc Committees
City Council Regular Meeting Agenda
March 10, 2025

There are no active Ad Hoc Committees at this time.

5. Appointed Representatives to Area Boards & Committees a. Community Media Access Center (Gary Dobbins)
b. County Library Advisory Committee (Glynn Birdwell)

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS

ADJOURNMENT
The next regular City Council meeting will be held March 24, 2025 at 5:30 p.m.

In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at (805) 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.

Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office, located at 5775 Carpinteria Avenue, Carpinteria, CA 93013 or by going to the City’s website at https://carpinteriaca.gov/city-hall/agendas-meetings/.

This agenda was posted on Wednesday, March 5, 2025, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.
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A PROCLAMATION OF THE CITY COUNCIL OF

THE CITY OF CARPINTERIA DESIGNATING THE
MONTH OF APRIL 2025 AS ''CARPINTERIA

BEAUTIFUL IITONTH' N THE CITY OF
WHEREAS, fhe month of April is recognized nationwide as Keep Ameica Beautifut Month; and
WHEREAS, srnce 1992, the month of Apil has additionatty been prcclaimed as Carpinteria Beautiful Month and celebrated by the downtown display of the Carpinteria Beautiful banners; and
VVHEREAS, on Friday, Apfl 25th cffres across Ameica will obserue Nationat Arbor Day, and Carpinteria will participate by renewing our commitment to maintaining a vigorous and beneficial urban forest; and
WHEREAS, On Tuesday, April22nd, the 55th anniversary of Earth Day, with this yeafs theme "Our Power, Our Planef', will be celebrated through a renewal of our dedication to preseruing a healthy environment; and
WHEREAS, on Saturday, March 29th in preparation for April's celebration, Carpinteria Beautiful and the City of Carpinteria will co-sponsor a Community Clean-up Day from 9 a.m. to 11:00 a.m. at Patuing Lot No. 3 adjacent to the railroad tracks; and WHEREAS, throughout the month of April, Carpinteria Beautiful volunteers will continue their year-round efforts to remove graffiti and fill the doggie bag dispensers, and the Adopt-a-Spotters and Trash Mob will redouble their already considerable efforts to keep C a rp i nte ri a I ifte r-f ree.

NOW, THEREFORE, the City Council of the City of Carpinteria hereby desrgnafes April 2025, as "CARPINTERIA BEAUTIFUL MONTH' and urges all residenfs fo share in the obseruance of this month by making a perconal commitment to enhance the beauty of theirown propefties and neighborhoods for the benefit and enjoyment of all. lN }/dTNESS WHEREOF, the Mayor hereunto set their hand and caused the official seal of the City of Carpinteria, Califomia to be affixed this 1Oth day of March, 2025.

Natalia Alarcon, Mayor

ATTEST,
Bian C. Banett, CMC, CPMC
City Clerk
City of Carpinteria

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

REGULAR MEETING AGENDA
MONDAY, MARCH 10, 2025
5:30 P.M.

1. Call to order and roll call.

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

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

4. Introduction of New Employee: Stephanie Colburn, Literacy Coordinator.

5. Approval of minutes of the regular meeting held February 10, 2025.

6. March 2025 Community Library Report.

Recommendation: Receive and file the report.

7. New Business & Discussion.

8. Adjournment.

The Carpinteria Library Board of Trustees agenda and any associated staff reports will be available on Thursday, March 6, 2025 on the City’s Website: https://carpinteriaca.gov/cityhall/agendas-meetings/. The Carpinteria Library Board of Trustees agenda and staff reports are part of the City Council agenda for its regular meeting of March 10, 2025.

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

In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact Brian Barrett, City Clerk at [email protected] or (805) 755-4403. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting. This agenda was posted on Wednesday, March 5, 2025, in the City Clerk’s Office, on the City Hall Public Notices Board, and on the Internet.

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

REGULAR MEETING MINUTES
MONDAY, FEBRUARY 10, 2025

1. Call to order and roll call.

President Alarcon called the meeting to order at 5:37 pm.

Boardmembers present: Boardmember Al Clark
Boardmember Julia Mayer
Boardmember Wade T. Nomura
Vice President Mónica J. Solórzano
President Natalia Alarcon
Staff members present: Michael Ramirez, Chief Executive Officer Jena Shoaf Acos, Legal Counsel
Jody Thomas, City Librarian
Brian C. Barrett, Secretary

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

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

3. Public Comment
There was no public comment.

4. Approval of minutes of the regular meeting held January 13, 2025.

There was no public comment.

Motion by Boardmember Nomura, seconded by Boardmember Clark, to approve the minutes of the regular meeting held January 13, 2025. Upon voice vote, the motion carried unanimously.

5. February 2025 Community Library Report.

Recommendation: Receive and file the report.

Library Board of Trustees Regular Meeting Minutes
February 10, 2025

City Librarian Thomas presented the staff report.

Speakers in-person: Amrita Salm
Motion by Vice President Solórzano, seconded by Boardmember Nomura, to receive and file the report. Upon voice vote, the motion carried unanimously.

6. New Business & Discussion.

There was no new business nor discussion.

7. Adjournment.

President Alarcon adjourned the meeting at 5:57 pm.
________________________________
Brian C. Barrett, CMC, CPMC, Secretary
City of Carpinteria

LIBRARY BOARD OF TRUSTEES AGENDA STAFF REPORT
March 10, 2025

ITEM FOR LIBRARY BOARD OF TRUSTEES CONSIDERATION
Carpinteria Community Library Monthly Report March 2025

STAFF RECOMMENDATION
Receive and file the report.

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

BACKGROUND
The Carpinteria Community Library, established by Ordinance No. 747 on June 14, 2021, and added to the Municipal Code, Chapter 2.38, also established a Library Board of Trustees (section 2.38.030) to meet at least once a month. outreach efforts, operations, and staff changes, if any.

DISCUSSION
Program and Collection Updates:

The Books to Movies program launched at the end of February. The first featured book and film was Wicked by Gregory Maguire. This program is open to both teens and adults, and copies of the book are available in multiple formats for checkout.

The Library plans to show It Ends With Us in March based on the very popular book by Colleen Hoover.

The Library has relaunched its Book Club, providing an opportunity for community This is Happiness, by
Niall Williams, will be the focus of its upcoming meeting on Monday, March 17, 2025.

Moving forward, the book club will meet on the third Monday of each month and will be LBOT Staff Report
March 10, 2025

facilitated by Library Technician Pauline Nelson. Copies of the selected book are currently available at the Library for check out.

The Parks, Recreation, and Community Services Department hosted a Volunteer Appreciation Brunch on Friday, February 21, 2025, at the Veterans Hall auditorium.

Volunteers from various PRCS programs including AgeWell, the Library, the Community Pool, Parks, and the Community Garden were invited to attend. There were 60 participants, including two Council members, and several City staff. At the Library, volunteer contributions help offset staffing costs, making it possible for the Friends of the Library to provide more than $65,000 annually for programs and materials. Library staff extend their gratitude to all volunteers, including high school students, whose time and effort significantly support library operations and the bookstore.

The Community Engagement Librarian Week
reading Llama Llama to two-year-olds and
shared his background in accordance with this year theme "Create & Celebrate a Nation of Diverse Readers presented a program at Aliso Elementary School focused on family preparedness plans in case of an immigration emergency. The meeting was well attended by parents and other family members, including Aliso and Canalino school principals. The parents were informed about available resources, and important steps to complete regarding their children. Library staff are researching best practices and compiling current information to ensure reliable resources are available. Additionally, local community allies and organizations have expressed interest in collaborating to support residents facing uncertainty. The first event of this type was held at Head Start, using a similar format.

Carp Reads will kick off on Tuesday, April 1, 2025, with the book Solito by Javier Zamora.

Additionally, in April the Library is partnering with the Vietnam Veterans Association on multiple events related to the 50th anniversary of the end of the Vietnam War. Planning for the upcoming Summer Reading program is underway, this theme is Space Travel.

Staff Updates:

Literacy Coordinator Position: Stefanie Colburn started last month and will be working an average of 10 hours per week as the quarter-time Literacy Coordinator to support and expand the adult literacy program. This position is made possible through an anonymous donation to the Friends of the Carpinteria Library, given in honor of John and Thelma Schmidhauser. Stefanie has initiated outreach to tutors, the State Library Literacy Coordinator, and local literacy coordinators while actively promoting the program to recruit new tutors. She has also gone to Santa Paula/Blanchard Library, which has a model Literacy program, to get some insight on best practices.

In addition to the Adult Literacy one-to-one tutoring, the Library has also seen the formation of informal learning groups. On Thursday mornings, two volunteers assist learners with LBOT Staff Report
March 10, 2025

English language conversation skills, while in the afternoons, a small group of high school students participates in English language instruction and math tutoring.

Library Strategic Plan Update: The development of the Library Strategic Plan is currently in progress. Akiliah Manuel, Principal at The Door Consulting, conducted a six-hour planning session with Library staff on Thursday, February 27. The session included a SWOT analysis and further discussions to guide the strategic direction of the Library.

Additional updates will be provided as the planning process continues. A training has been provided to staff on how to map the community for assets, and there is a planned visioning workshop with the Friends of the Library and the Library Advisory Commission.

Library story: A patron recently contacted the Library for assistance with an application to nursing school. Upon arrival, the patron appeared distressed, having struggled for two weeks to upload a required file to the online application portal. With only two days remaining before the deadline, staff assisted by scanning the necessary five documents, emailing the PDF to the patron, and guiding them through the process of downloading and correctly uploading the file. The issue stemmed from the patron originally attempting to upload a zip file, which was an incompatible format for the application system. The process took approximately five minutes, and the patron expressed immense relief and gratitude for the support.

Operations:

Three Library policy updates have been completed, all of which are revisions of existing policies. The Computer Use Policy and Internet Use Policy were originally inherited from the Santa Barbara Public Library and have been updated. The Materials and Selection Policy has been revised to incorporate specific language required by the California Freedom to Read Act (AB 1825), which was enacted in Fall 2024. All three updated policies have been reviewed by the City Attorney, and the Materials and Selection Policy has also been reviewed by the California State Library to ensure alignment with the new law (Attachment A). The updated policies are provided in Attachments B D.

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

FINANCIAL CONSIDERATIONS
All resources and activities are budgeted in the FY2024-2025 Library budget.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
LBOT Staff Report
March 10, 2025

risk managers of its insurance entity, the California Joint Powers Insurance Authority, in order to ensure compliance with legal requirements and best practices.

OPTIONS

1. Receive and file.

2. Direct staff as appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
None

ATTACHMENTS
Attachment A California State Library checklist for compliance with Freedom to Read Act (AB 1825)
Attachment B Revised Materials and Selection policy
Attachment C Revised Computer Use policy
Attachment D Revised Internet Use policy
Staff contact:

Jody Thomas, City Librarian
(805) 684-4314, [email protected]
Signature
Staff contact: Jeanette Gant,

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

Updated: January 2025
Materials Selection and Maintenance Policy
The Carpinteria Community Library Materials Selection and Maintenance Policy supports the mission to cultivate community and advance equity and social justice by welcoming all people to experience the shared joys of literacy and learning.

The public library serves as a center for voluntary inquiry and the dissemination of information and ideas. Library materials are provided for the interest, information, and enlightenment all people, and present diverse points of view in the collection as a whole. The Carpinteria Community Library celebrates the diversity of our community regardless of race, religion, creed, color, ancestry, national origin, sex, sexual orientation, gender identity or expression, age, physical or mental disability, military or veteran status, citizenship, or housing status, by providing library materials and services that reflect and strengthen that diversity. Exposure to the diversity of human experience can expand a capacity for understanding and acceptance. To this end, the library commits to continually building a collection that reflects and amplifies the mosaic of human identity and experience.

Our library actively addresses changing community needs by providing equitable access to topical and relevant materials and information services for children and adults in a professional, helpful manner. In support of this mission, the library selects and organizes materials to provide maximum accessibility, to anticipate and meet the diverse and complex needs of community members, and to encourage new users to partake of Library services.

Our library has a positive approach to selection and acknowledges the right of the public to receive access to a range of social, political, aesthetic, moral and other ideas and experiences even though the content may be controversial, unorthodox, or unacceptable to others. The library adheres to and supports the principles of intellectual freedom as stated in the American Library Library Bill of Rights.

Guidelines
The library considers all acquisitions in terms of community demand and interest, depth and breadth of the collection, ability to meet the needs of the community, timeliness, importance to the collection, enduring value, cost, format, availability of identical or similar material elsewhere in the geographical area and/or Black Gold Cooperative Library System, and published or staff reviews.

The collection meets the broad and diverse interests of the community and respects the autonomy and their specific community needs.

Selection of library materials responds to changing social values, inequitable access to technology within the community, and cultural differences and values, as well as the reading and language abilities of the community.

The library purchases materials in a variety of physical and digital formats, including those that make the collection more accessible to people with disabilities.

Updated: January 2025
The library acknowledges the experience of historically marginalized people and groups in response to discrimination in its many forms over time, and the library supports the goals of uplifting community voices. An inclusive and representative library collection is one means of advancing those ideals. The library seeks to provide materials that represent the diversity of perspectives within and across these populations.

The library purchases materials in languages spoken by a significant portion of community residents, with an emphasis on English and Spanish, with other languages purchased as needs are identified and resources are available.

The library welcomes purchase suggestions from community members, and purchases suggested items whenever possible, depending on budget limitations, availability, and competing community demands.

The library does not approve or disapprove of views expressed in materials in the collection, or endorse items included in the collection. The library makes selections based on their merits in relation to building the collection and serving the needs and interests of community members, and in accordance with this policy.

The library affirms both the right and the responsibility of parents and legal guardians to guide their reading / viewing access in accordance with individual family beliefs. The library does not act in the place or role of a parent or guardian in the supervision or restriction of use of Library materials.

The library appreciates gifts of materials and of money to purchase materials.

Gifts of books and other items are accepted with the understanding that they may be used or disposed of as the library determines is appropriate. Before adding gifts to the collection, they will be evaluated according to the same criteria as purchased materials.

The library regularly removes materials that are outdated, worn, no longer used, or updated by newer editions. Any materials that are in unusable condition will be recycled. Selected materials are donated to The Friends of the Carpinteria Library, to raise funds through book sales to support the collection and programs.

The City Librarian is responsible for the selection and maintenance of library materials and may, at their sole discretion, delegate specific selection and maintenance functions to other library staff.

Collection Review
As part of Carpinteria Community commitment to reflect the information needs of the community in its collection development process, the library recognizes the right of individuals to question the inclusion of materials in the library collection. The library will give serious consideration to each local opinion.

Updated: January 2025
Individuals with concerns about material in the library collection may ask Library staff about such material. Library staff will give the patron a copy of this policy and provide them the opportunity to express their concerns to the staff person in charge or the City Librarian.

Individuals who wish to formally express concern about library materials may state their opinion in writing on a form provided by the library. In order to maintain focus on local community needs and perspectives, forms will only be accepted from residents in the Carpinteria Community Library service area.

The form must be sent to the City Librarian.

The City Librarian will review the concern, determine whether the material was appropriately selected and made accessible under this policy, and communicate the final determination to the concerned individual in writing. Once a decision is made to retain or remove a particular title, the library will not review that title again for a period of five years.

Updated: January 2025
Computer Use Rules
users acknowledge this policy by clicking on the ACCEPT button at the time of login that they are subject to, and agree to abide by all local, state and federal laws, rules and regulations applicable to Internet use. The Library may investigate any improper use of its computing resources.

Public computers are available for public use up to two hours per day, one hour at a time, at no cost to the user. An additional hour is permitted if no one is waiting for a computer terminal. Additional time may be granted at the discretion of library staff.

The terminal is in a public place. Patrons must not display visual information that is objectionable to others.

Patrons may not display, download, access, or transmit obscene, explicit, graphic, offensive, or illegal materials.

Patron may not use the computers to violate any law.

Patrons must not make sounds or visuals which might disrupt the ability of other library patrons to use the library and its resources.

No more than two people shall sit at a computer at the same time.

Patrons may not interfere with the library's computer network.

Patrons may not tamper with or reconfigure the library's computer hardware or software.

Patrons may not change any settings on the computer or save files to the hard drive.

Staff reserve the right to block a site if it significantly impairs the use of the Internet bandwidth.

Patrons must promptly relinquish their computer terminal when asked to do so by staff.

Public Wi-Fi is available at no cost to patrons.

All public computers can print, and wireless printing is also available.

Printing in black ink is available for 15¢ a page. Printing in color is available for 25¢ a page. Cash is the only accepted payment option.

There is no charge for printing school work.

The copier is capable of scanning documents. There is no charge for this service.

Patrons must finish using library computers and vacate their computer station no later than 10 minutes before the library closes. Please save your work and log off promptly to allow for end-of-day procedures. Failure to abide by these rules may result in the loss of computer privileges for a period of time as determined by the City Librarian.

Updated: January 2025
Internet Use Policy
The Carpinteria Community Library is committed to help support an informed and educated community and to digital equity. Therefore, the library provides free public access to the information resources of the Internet. either on Library workstations or through a wireless connection.

The Internet is a vast, unregulated medium and therefore the Library cannot control and is not responsible for the content or accuracy of information accessed over the Internet. The Library expressly disclaims any liability or responsibility arising from access to or use of information obtained through its electronic information systems, or any consequences thereof.

Users are encouraged to use caution before sharing personal information online.

The Library is not responsible for security of personal information shared on or with non-library sites. By connecting, the user acknowledges and accepts the risks associated with public access to the Internet.

The Library is not storage devices or
personal laptops or for any loss of data, damage or liability that may occur from .

Patron Internet Use Agreement
Carpinteria Community Library is committed to user privacy, and will keep all information that it purposefully or inadvertently collects or maintains confidential to the fullest extent permitted by the law.

Protecting library user privacy and keeping confidential information that identifies individuals or associates individuals with their use of library books, materials, equipment, programs, facilities and/or staff assistance is an integral principle of public libraries. (see Patron Privacy Policy, top section) Unacceptable use of a Library-provided computer workstation by any patron may Library reserves the right to regulate both the use of the Internet workstations and the material accessed by users. All users must agree to comply with the Updated: January 2025
Rules of Conduct Policy and Computer Use Rules. This also includes refraining from viewing any illegal, offensive, violent or harmful content, including but not limited to websites that contain or display pornography. Unacceptable use also includes hacking and other unlawful activities.

Filtered Access
computers accessible to the public, including devices connecting to the internet via Wi-Fi, are filtered for websites containing pictures that are (a) obscene; (b) child pornography; or (c) harmful to minors (for computers that are accessible by minors). Please note no filtering product is 100% effective. If unable to access a site, an adult patron may make a request in person to unblock access to that site if it is for a lawful purpose Rules of Conduct. The request will be reviewed by Library staff and you will be contacted within three business days.

The Library reserves the right to grant or deny such requests.

Internet Access by Minors
The Internet offers nearly unlimited resources for education and personal interests but it also contains material that some parents may feel is unsuitable for minors. are filtered, it is policy that parents or legal guardians for minors must assume sole responsibility for restricting or monitoring use of Library computer workstations for their own children. The Library encourages parents, legal guardians, and children to discuss appropriate use of the internet including evaluating online content.

SANTA BARBARA OFFICE

MEMORANDUM
April 2024, Monthly Recap Page 1 of 5
Memorandum
Date: March 5, 2025
To: Michael Ramirez, City Manager
From: Chief Rich Brittingham
Subject: City of Carpinteria February 2025 Monthly Report cc: Ryan Kintz, Assistant to the City Manager
City of Carpinteria
Sat, 02/01/25, 7:31 PM House Fire 1400 Blk Tomol Drive
Deputies responded to the 1400 Blk of Tomol Dr. to assist fire personnel. Upon arrival, Deputies assisted with evacuations of the neighbors to the right/left of the fire, crowd control, and with traffic control. The home was deemed a total loss. The family lost one dog in the fire. The family was housed by the Red Cross.

Wed, 02/12/25, 8:30 AM 500 Blk Maple Ave, 503 PC (Embezzlement) 487 PC (Grand Theft)
The suspect opened accounts and stole over $100,000 from her boss and employer, a business based out of Carpinteria. The suspect has a prior embezzlement conviction which sent the suspect to prison. Report taken and sent to Detectives.

SANTA BARBARA OFFICE

MEMORANDUM
April 2024, Monthly Recap Page 2 of 5
Tues, 02/18/25, 11:07 AM 594(b)(2)(A) PC (Vandalism), 300 Blk Linden Ave Deputies were dispatched to a Vandalism investigation at a restaurant on Linden. Upon arrival Carpas gang graffiti was located on the fence of the restaurant.

Thur, 02/20/25, 8:19 AM 503 PC (Embezzlement) Carpinteria A Carpinteria business called to report an employee who they believed had been embezzling money, nearly $600,000 from the company for years. Case forwarded to detectives.

Community Outreach

Upcoming Events to look for:

Deputy Pereyra is working on an elder scam presentation that will be given in on 04/03/25 in English (Set for 04/03), Spanish TBA.

Deputy Goodwin is working on an E-bike safety and bicycle safety presentation for Carpinteria High School and Middle School (TBA)
Coffee with a Cop

SANTA BARBARA OFFICE

MEMORANDUM
April 2024, Monthly Recap Page 3 of 5
Criminal Investigations Bureau
City of Carpinteria Investigations
Case Overview (February 2025 Stats)
Number of new cases forwarded to investigations: 26
Number of cases suspended: 0
Number of cases assigned: 1
Number of cases closed by arrest: 0
Number of cases closed by other: 27
Number submitted for complaint: 0
Number of current active cases: 16
Please remember to call 911 (non-emergency number if it is not critical) immediately for a law enforcement response when crimes are committed, especially when the suspect displays violent behavior.

Non-Emergency Dispatch Number: 805-683-2724
Graffiti:

There have been multiple cases (at least 9) this month regarding reports of gang related graffiti. Please report any similar vandalism/graffiti to the non-emergency number.

Thieves continue to con people for money and steal your information:

Protect your information by not giving personal information over the phone, especially incoming calls. Do not carry your Social Security Card /Number with you, leave your card somewhere safe and memorize your number.

A current trend is people receiving text messages for a toll road violation, asking

SANTA BARBARA OFFICE

MEMORANDUM
April 2024, Monthly Recap Page 4 of 5
you to pay immediately or your fines will increase.

Respectfully,
Chief Rich Brittingham
Rich Brittingham, Lieutenant
South County Operations Division-Coastal
City of Carpinteria-Chief of Police Services
805-568-3388 Office
805-566-2166 Fax
Coastal Patrol Bureau
Sunday 02/02/2025
1208 487PC 4900 block Carpinteria Ave Oliver
Deputies responded to a theft of an E-Bike were the victim had an apple tracker attached to the bike. Deputies searched multiple areas where the tracker was pinged. Ultimately, the Santa Barbara Police Department went to an address within the city where they located and returned the E-Bike to the victim. The suspect fled before SBPD officers arrived.
1256 005/Civil RO 850 Linden Ave Oliver
R P called to report an incident where she was walking in the crosswalk near Smart and Final and her neighbor drove through the intersection as she occupied the crosswalk. RP thought it was intentional because she has ongoing issues with the neighbor and a civil restraining order against him. Based on statements made by both parties, the interaction was unintentional and there was no violation of the civil restraining order.
2150 Missing Adult Transient Pereyra
Deputies were dispatched to Rincon point for a report of a missing person. At about 0900 hours, the RP & missing attended mass. After the services, the missing invited the RP to Rincon Point. Despite always going with him she decided not to go with him. At about 1010 hours, the missing dropped her off by their vehicle.

He then drove to Rincon. Deputies checked all parking lots/hotel parking lots between Carp Ave and Santa Monica. In addition, deputies checked both rincon point parking lots and walked down on the beach all yielding in negative results. He was entered into MUPS by dispatch.

Tuesday 02/04/2025
0749 / 211, 148 836.6b PC 4600 block Carp Ave (Carp) Oliver, C-Squad Deputies executed a search warrant at a residence for wanted subject, , for his outstanding property. After giving announcements,
met deputies at the door. was taken into custody without incident; however, he was verbally aggressive and passively resistant to deputies. The search was concluded, and was escorted out of the residence, and he again became verbally and somewhat physically resistive. While approaching the patrol cars, broke free from deputies and fled on foot westbound on Carpinteria Ave, with his hands handcuffed behind his back. Deputies gave chase on foot and in patrol cars. and the US 101 South Bound. Deputies were able to cut him off before he entered was later transported and booked at
SBCJ.
1128 647FPC, 11350, 11377 389 Linden Ave (Carp) C-Squad Deputies responded to the above location for a fight in progress involving two male subjects, one armed with a golfclub. Prior to arriving, one subject fled the area on a bike. Deputies arrived on scene and contacted . was uncooperative, but was actively bleeding from the mouth and his right ring fingertip was barely hanging by a flap of skin. insisted nothing happed and he had only fallen.

February 2, 2025 to February 8, 2025
was intoxicated and in possession of an open container, so he was detained and medically evaluated. Deputies were advised by dispatch the other suspect, identified as , called 911 and advised he was suffering from a head wound and that was armed with a firearm in his waistband. also stated had also shot him. was searched but was not in possession of a firearm. was located at El Carro Lane and Eucalyptus. There, was contacted with subject .

On contact, began ditching objects from his pants and stated he had been shot. and were both believed to be UI methamphetamine and Fentanyl per statements made. was found in possession of both drugs, and they were both arrested. was extremely UI and hallucinating. He was evaluated by medics and found to have only minor injuries due to the fight. He was never shot, and no firearms were located during this investigation. and were booked at SBCJ. was medically treated at GVCH and then booked at SBCJ.
1354 hours 030 1210 Franciscan Court Carpinteria Mendez Deputies responded to the location for a check the welfare. The male was found deceased in his bedroom. 1502 166.4 PC 1000 block Casitas Pass Rd, Carpinteria Mendez RP called & stated a subject was standing outside of her residence yelling at her and playing loud music in violation of a valid restraining order. The report will be forwarded to the Santa Barbara County District Wednesday 02/05/2025
2122 VC 27156(b) Via Real/Cravens LN Schoenneman/Goodwin Deputies witnessed a vehicle travelling eastbound on Via real commit traffic violations. A traffic enforcement stop was conducted and the driver consented to a search of his person and vehicle. Deputies then conducted a vehicle inspection and found the vehicle had modified emissions equipment in violation of VC 27156(b). The driver was released from the scene and his vehicle was deemed unsuitable for California Roads.

Thursday 02/06/2025
1334 065 5100 Carp Ave (Carp) Stovall/James
During the
1736 PC 273.6/368(c) 5455 Eighth Street (Carp) Goodwin
Deputies responded for a check the welfare of someone who possibly sustained a wrist injury. After interviewing t
California Penal Code 273.6 and 368(c) and was the restrained party in a served Criminal Protective Order Friday 02/07/2025
2102 Misc VC Codes 5080 Carpinteria Ave 25-1285 Goodwin Deputy conducted a traffic enforcement stop for violations of Expired Registration/Suspended License. The driver was also unable to provide proof of insurance and it was found that the suspended license has not been served. The vehicle was towed & the Driver received a citation for violation of VC 4000(a)(1), 12500(a), 16028(a), 23222(b).
0127 VC 23152 (a) and (b) Cramer Circle Cole
Deputy Cole was driving southbound on Santa Ynez Ave when he observed a vehicle traveling northbound in the southbound lanes. The vehicle continued onto the western sidewalk. Deputy Cole honked his horn in fear of the driver, , crashing or even crashing into the patrol vehicle. After honking the horn, the driver drove off the curb and entered the Santa Ynez Ave northbound lane. The driver passed Deputy Cole so he immediately made a U-turn and attempted to catch up to vehicle. Deputy Cole conducted a traffic stop on Cramer Circle. During the traffic stop, was found to be under the influence of alcohol, with a BAC of 0.16%. was arrested & transported to SBJ.

Coastal Patrol Bureau
Sunday 02/09/2025
2045 11377/11377 Thunder Bowl (Carp) Brady
was contacted while sitting in his parked truck at the east end of Carpinteria Avenue. Drug paraphernalia was observed in plain view inside his vehicle. During the contact more paraphernalia and a bindle of suspected methamphetamine were located. He was arrested for violations of 11377(a) HS and 11364(a) HS. His vehicle was towed by 805 Towing per 22651(h) VC and 22651(b) VC.

Tuesday 02/11/2025
0417 422PC/417PC/148PC/236PC 5400 block Eighth St. (Carp) Hernandez was causing a disturbance in the home that he shares with family members. Some of the children woke up, and , became irate yelling at the family saying he would batter them. He armed himself with a wrench and continued to make threats. When Deputies arrived, he fled back into the house and locked the door preventing deputies from entering. After an extended back and forth, another family member was able to open the door and invited law enforcement in.
was arrested on his violations of 422 PC Criminal Threats, 417 PC - Brandishing, 236 PC - False Imprisonment, and 148(a)(1) PC Delay, Resist, Obstruct.

Wednesday 02/12/2025
0830 503/487 PC 500 block Maple Ave. (Carp) Welch
A known Suspect, opened up accounts and stole over $100,000 from her boss and employer, which is based out of Carpinteria. The Suspect has a prior embezzlement in 2008 which sent her to prison. Report taken and sent to Detectives.

Thursday 02/13/2025
2253 12500(a) VC Santa Ynez Av/Via Real (CARP) Schoenneman was stopped at Santa Ynez Av/Via Real for the violation of 24601 VC. Upon above mentioned charge and his passenger who held a valid driver's license, drove the vehicle to their destination.

Friday 02/14/2025
0959 242 PC 5400 block Dariesa St (Carp) James
Deputies responded to a physical altercation between an adult daughter and her mother. Neither desired prosecution. CIT responded and offered services, neither met 5150 hold requirements.

February 9, 2025 to February 15, 2025
1831 PC 647(f) 4558 Carpinteria Ave (Carp) Cole
Deputies responded to the Best Western Hotel for a verbal altercation between a couple. The hotel staff got involved and requested that the male subject leave the premises. During my investigation, I discovered the male to be under the influence of alcohol. He was arrested for public intoxication and transported to SBJ, where he was booked without further incident.

Saturday 02/15/2025
1503 487 PC 6250 Via Real (Carp) James
RP
stored inside were gone.
not been back since and unknown total value of the items inside. Investigation ongoing.

Coastal Patrol Bureau
February 16, 2025 to February 22, 2025
Sunday 02/16/2025
1545 647(f) PC 4915 Carpinteria Ave. Martinez
Deputies were dispatched for a subject disturbing outside of a business. Upon arrival deputies contacted . was extremely intoxicated and unable to care for himself. was arrested and booked into jail without incident.

Monday 02/17/2025
1450 602 PC 4558 Carpinteria Avenue Van Duzer
Deputies responded for a trespass suspect. Business management advised the suspect (later identified as was in a room & refusing to leave after possibly attempting to flood the bathroom. refused to open the door which was then physically forced open causing damage to the swing bar lock. was taken into custody for 602 PC- Trespassing.
1950 065 1002 Casitas Pass Rd (Carp) Flores
Deputies contacted behind Tylers donuts. was known to have two outstanding misdemeanor warrants for his arrest. A records check was conducted and confirmed had two active misdemeanor warrants. was arrest and transported to SBJ. 2221 030 5600 block Carpinteria Ave. (carp) Flores
on her bed. Carpinteria fire personnel arrived on scene and attempted life saving measures. After approximately thirty to forty minutes of providing life saving measures, fire medic personnel called Santa Barbara Cottage hospital and spoke to a Dr. who pronounced the time of death at approximately 2252 -call.

Tuesday 02/18/2025
0914 hrs 030 Railroad Tracks West of Calle Ocho. Carp Mendez The decedent was walking southbound in the middle of the railroad tracks approximately 250 yards from Calle Ocho. The train was also traveling southbound enroute to Ventura. The Engineer blew the whistle, but the decedent did not turn around.
attempting to identify the decedent.
1107 hrs 594(B)(2) (A) 389 Linden Ave. Carpinteria Van Duzer Deputies were dispatched to a Vandalism investigation at The Spot restaurant. 2142 647(f) PC Linden & 7th Flores
Deputies contacted on the corner of 7th street and Linden Avenue. was found to be under the influence of a controlled substance. was arrested for being in violation of PC 647(f). 0021 243(d)PC, 21510 PC 1000 Concha Loma Dr Flores
Three male subjects assaulted another male in the rear parking area. The suspects punched the victim with closed fist numerous times in the head, face, and the torso area. In addition, the suspects kicked the victim in the torso area and the legs while the victim was down on the ground. The victim sustained visible injuries to his head, face and neck area. The suspects also sustained scrapes on his knees and right hand. and were arrested and transported to SBJ where they were booked on the above charges. The third male was a Juvenile, who was released to his Mother from the Wednesday 02/19/2025
2346 008 1480 Linden Avenue Cole
RP called to report two incidents she was told about, which occurred about three years ago at the school. 2045 065 Carpinteria Bike Path Cole
Deputies responded to the Carpinteria Bike path to investigate a report of illegal camping. During contact with , it was discovered he had an outstanding warrant out of Santa Barbara County. Also in plain view, a methamphetamine pipe with a useable amount of methamphetamine, a broken methamphetamine stem pipe with a useable amount of methamphetamine, and a small green plastic bindle of methamphetamine, were discovered. also admitted to taking a bike that wasn't his own. Based on my investigation, was arrested for his warrant, and HS 11377(a), HS 11364(a), and PC 485. 2306 PC 273.5(a)/236/591.5/594(b)(2)(a)/148 4200 block Carp Ave Goodwin Deputies responded for a reported domestic disturbance. A female was arrested & booked at SBJ. An EPO was granted for the victim
Thursday 02/20/2025
0642 166.4 PC 4200 block Carpinteria Av Andrade/James
Victim reported the suspect called him from jail, in violation of an Emergency Protective Order. 0819 503 PC 6100 block Carpinteria Ave Carp Skall
RP called to report an employee who they believed had been embezzling nearly $600,000 from the company since 2006. To be forwarded to detectives.
1143 242 PC 4800 block Ninth St. Andrade/James
Victim called to report he was punched by three males. The incident was captured on video and victim believes he knows one of the suspect . Investigation ongoing.
1952 PC 594(a) 4600 block Ninth Street Cole
RP called to report two male subjects and one Juvenile tagging behind the backyard. RP stated the group of male subjects were on the other side of the creek and painting graffiti. RP also stated prior to calling 911, they were seen spray painting on the fence. Deputies walked on the other side of the creek at Franklin Creek Park and took photographs of the graffiti.
1301 243(e)(1) PC 200 block Linden Av Carp Skall
Deputies responded to a domestic assault. The suspect fled and was not located. Report to be forwarded to the DA.
1500 368(c) PC 1000 block Casitas Pass Carp Skall
Deputies responded to a domestic battery between a male and his 92yr old mother. The male was arrested and booked at SBJ and an EPO was granted.
1359 594 4300 block Verano Dr (Carp) Andrade/James
Investigation continuing.
1538 532 PC 5775 Carpinteria Av James
Victim came in the station to report an unknown suspect took out a fraudulent loan in her name at Premier America Credit Union. Victim requested a report for her bank. Case suspended pending leads. 2233 646.9(a) PC 4800 block Ninth Street (Carp) Goodwin Victim reported that the suspect, , has been harassing the victim since October of 2023. The Victim reported that she has been telling to stop messaging her and would block her number. in an effort to still communicate with the Victim would create new numbers or message her through different social media apps. has a prior conviction for Stalking with a protective order with no expiration date, with all the evidence considered, was arrested and booked for violation of 646.9(a) PC. EPO was granted and served.

Friday 02/21/2025
1118 065 La Brea Ln (Carp) Skall
RP reported illegal campers smoking H&S on the Carp Creek side of his fence line, causing concern for his small children playing in the backyard. and were contacted in the bushes along the fence. had a local $25,000 warrant, and had a warrant out of Ventura which was cite-release only. arrested and booked at SBCJ.
0826 647(f) Franciscan Ct. (Carp) JAMES/ANDRADE
Deputies responded to a report of PC602 violation. Upon arrival Deputies found remember his name and when he did, he could not spell it. was unsteady and unable to care for himself. He was arrested for violation of PC647(f) and transported to SBJ without incident. 1626 Incident Report 1000 block Casitas Pass Rd (CARP) Schoenneman Deputies responded for a female subject that was disturbing the peace by yelling and playing loud music from her apartment. Upon arrival, the subject stated she had a restraining order against another tenant. The subject alleged the other party had violated the terms of the RO by being in the same common area as her and speaking to her. Upon speaking with restrained person and the manager (who witnessed the encounter), it was learned that the subject was the one who approached the restrained person in the common area. Due to the subjects history of disturbing the peace and harassment of other tenants, the Manager served her with a written notice that she was going to be evicted. Due to these circumstances, an incident report will be authored.

Saturday 02/22/2025
2114 PC 487 300 Linden Ave (Carp) Cole
The victims bike was stolen from the Park. At the time of this report, the two suspects involved have not been identified. Based on my investigation, the unknown suspect is in violation of PC 487-Grand theft. 0141 NARC Meadowview Ln (Carp) J. Martinez
was contacted as he was seated in a parked car and found in possession of narcotics, was cited and released for being in violation of HS11350(a) and HS11364(a).

Coastal Patrol Bureau
Sunday 02/23/2025
1852 065 4401 Via Real Carp J.Martinez
was arrested for an outstanding misdemeanor warrant during a traffic enforcement stop for moving violations.

Monday 02/24/2025
1054 488/594/148 PC Carpinteria Library Carp Oliver
was arrested after stealing binoculars and books from the Carpinteria Library. One on the books was vandalized by . Hanson resisted arrest while placing him in handcuffs. 1117 532 PC 1400 block Paloma Drive Carp Van Duzer
On 12/22/2024, victim contacted suspect telephonically to rent residence. Suspect requested victim wire transfer $150.00 to view residence. Victim transferred money however suspect stopped responding. On a later date, suspect demanded more money. Victim stopped responding to suspect and reported incident.

Tuesday 02/25/2025
1329 273.5 PC 4600 block Carpinteria Ave Carp Van Duzer On 02/25/25, the victim called to report multiple domestic violence incidences involving her ex-boyfriend. The victim advised the suspect is transient however frequents motels in the City of Carpinteria and gave Deputies his vehicle description. Deputies canvassed Sandyland Inn and observed vehicle parked in the parking lot. Deputies knocked on the door & spoke to his current girlfriend who advised he was not at the

2300 065 Carpinteria av/Palm av (CARP) Flores
Deputies contacted at the above location. A records check was conducted and the records showed that had an outstanding misdemeanor warrant for his arrest. was arrested and transported to SBJ.

Wednesday 02/26/2025
1331 148/20-2.1CO Carp Middle School CARP Skall
15yo Carp High student was reported as loitering at Carp Middle School as school was about to get out. Upon contact, he fled from deputies numerous times but was ultimately stopped in front of a nearby business. He was brought back to Carp High School and issued a cite for 148 and daytime curfew & released to his mom. 1440 488 PC 4994 Foothill Rd CARP Andrade/James
Victim called to report her Apple watch had been stolen from her work after she left it in the bathroom. No suspect information.

February 23, 2025 to March 01, 2025
1535 166(A)(4)PC 5400 block Carp Ave CARP McKarrell
RP came into the station to report a violation of a restraining order that occurred earlier in the day. According to the RP, as she was leaving her workplace, when she noticed a female exiting the creek behind her. The Thursday 02/27/2025
0550 Narc Hwy 101/Casitas Pass Rd Carp Squad A
Deputies conducted a traffic stop to assist the narcotics detectives. Deputies transported the suspects to jail and towed the vehicle.
1331 647(f) PC 4410 Via Real Carp Andrade/James
Deputies responded to 7-11 for the report of a 415 male subject who was urinating on the side of the building.

Upon arrival, it was ascertained the suspect, , was intoxicated and unable to care for himself.

He was arrested and transported to jail.
2027 OAA Veneco Pier/Dump Rd Carp Goodwin
A male subject was stranded on the beach west of the Veneco Pier during high tide. The man called a family member for assistance who called SBSO Dispatch. Deputies arrived with Carpinteria Fire/AMR who located and safely removed him from the beach. While speaking with the rescued man, it was determined that he was under the influence of Alcohol with limited housing options. Deputies transported to the Goleta Valley Sobering Center, who quickly accepted him and were able to provide assistance.

Friday 02/28/2025
1123 030 4667 Carpinteria Ave CARP Andrade/James
An 64-year-old female was found by a maintenance worker, obviously deceased in her home. The decedent was in early stages of decomposition. The decedent lived alone and the NOK is unknown. No indications of foul play were found upon the decedent's remains or at the scene. 1500 602PC 3375 Foothill Rd CARP McKarrell
RP came to the station to report his neighbor entered his home without permission. The RP stated as maintenance workers were fixing a plumbing issue inside his home, the neighbor followed workers inside and took photos. The RP was not home at the time of the incident, therefore, this was second hand information so he could not provide evidence of this crime. The neighbor has a prior conviction for trespassing on property. The investigation continues into this incident. 1700 005 1628 Cravens Ln Carp Cole
Deputies responded to a report of a burglary at a cannabis farm. Upon arrival, Deputies spoke with two subjects who work for the company. They informed the Deputies that they had a management service agreement with Landlord to allow them to cultivate the facilities at the above location. The two subjects had arrived at the location to attempt to take the location back due to the business violating their agreement.

Deputies determined it was a civil dispute and not a criminal matter. 1836 242 5436 Carpinteria Ave Carp Goodwin
An 84 year old woman entered Starbucks intending on buying a cookie and blueberry muffin. Due to the Starbucks employee becoming frustrated with the customer, she took the bag and began to back away when the employee threw a pastry at her. Deputies responded to the area and located the victim in front of the grocery store and she declined medical treatment several times and was checked for any bumps, bruises, and discoloration. The victim was solely interested in retrieving her blueberry muffin and did not want any criminal prosecution. Deputies were able to retrieve her blueberry muffin from starbucks.

Saturday 03/01/2025
1110 10851 4400 block Carpinteria Ave Carp Andrade/James reported his trailer had been stolen between 2/26 and 2/27. The trailer was last seen parked on Carpinteria Avenue. No suspect information at this time. The trailer was entered into SVS. 1920 5150 1300 block Camino Trillado (Carp) Flores
Deputies responded for a suicidal subject who had sent suicidal text messages to her daughter stating she had consumed multiple pills in attempt to kill herself. Fire personnel were also on scene and agreed with Deputies that the subject needed to be put on a 5150 hold due to her mental state.

MEMORANDUM
Council Meeting Date: March 10, 2025
To: Honorable Mayor and City Council
From: Michael Ramirez, City Manager
Subject:

CITY EMPLOYEE UPDATES
Recruitments
Below is a partial list of open recruitments and their current status. Additional information on City job openings is available online at https://carpinteriaca.gov/city-hall/humanresources/.

Recruitments
Finance Manager Full-Time
o Deadline to apply extended: March 9, 3025
Library Technician Part-time
o Pending background from existing eligibility list
Principal Planner Full-Time
o Pending department interview
New Employees
None

UPDATES ON CAPITAL IMPROVEMENT PROJECTS
Carpinteria High School Area Crosswalk Safety Improvements Project On February 26, 2025, the City was informed by the California Department of Transportation about the project being selected for receiving state-aid grant funds in the amount of $342,270 from the Highway Safety Improvement Program (HSIP) Cycle 12.

The HSIP funds will be for the construction phase of the project, which is estimated to cost $380,300. The HSIP funds will cover 90-percent of the construction costs, and the purpose of HSIP is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, and t
crossing traffic signal within the frontage of Carpinteria High School at the State Route 192/Foothill Rd. and Franklin Creek Trail intersection.

UPDATES ON DEVELOPMENT APPLICATIONS
None

OTHER CITY/COMMUNITY UPDATES
Earthquake Brace & Bolt Grants Now Available to Carpinteria Homeowners The 2025 Earthquake Brace and Bolt grant application window is now open for Carpinteria homeowners through March 26, 2025. Eligible homeowners can apply for up to $3,000 in seismic retrofit grants to help make their home less vulnerable to earthquake damage. Income eligible homeowners can also apply for an additional grant of up to $7,000 (for households with a yearly household income of $89,040 or less). The grant is managed by the California Residential Mitigation Program (CRMP). Interested persons can learn more about the grant program and apply by visiting:
www.earthquakebracebolt.com
AgeWell s 50s Sock Hop Dance
The 50s Sock Hop Dance, held on Saturday, March 1, at the Carpinteria Veterans Hall, brought the community together for an evening of nostalgia, music, and celebration.

Attendees embraced the theme by dressing in 1950s attire and enjoying classic tunes, dancing, and food. A special highlight of the evening was a surprise appearance by an Elvis impersonator, adding to the excitement of the event. The Sock Hop was well attended and provided an engaging experience for participants.

City of Carpinteria
City Council Minutes
Regular Meeting
Monday, February 24, 2025
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 In-Person and Virtual

CALL TO ORDER
Mayor Alarcon called the meeting to order at 5:32 pm.

ROLL CALL
Councilmembers present: Councilmember Al Clark (District No. 5) Councilmember Julia Mayer (District No. 3)
Councilmember Wade T. Nomura(District No. 4)
Vice Mayor Mónica J. Solórzano (District No. 1)
Mayor Natalia Alarcon (District No. 2)
Staff members present: Michael Ramirez, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria
Ryan Kintz, Assistant City Manager
Brian C. Barrett, City Clerk
Tiffany Smith, Parks and Facilities Maintenance
Supervisor
John L. Ilasin, Public Works Director
Nick Bobroff, Community Development Director
Jeanette Gant, Parks, Recreation & Community
Services Director
Megan Araghi, Management Assistant
Juliza Briones, Program Manager in General
Government
Darrell Brown, Parks and Facilities Attendant
Mitch Perkins, Chief Building Inspector/Plans
Examiner
Torrie Cutbirth, Program Manager in Parks, Recreation
and Community Services

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

City Council Regular Meeting Minutes
February 24, 2025

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

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

AGENDA MODIFICATIONS: NONE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:

1. A Proclamation Designating the Month of March 2025 as “Women’s History Month” in the City of Carpinteria. (Requires taking public comment and approval prior to the City Council reading and presenting the proclamation.) Speakers in-person: Lisa Guravitz representing Santa Barbara Women’s Political Committee
Motion by Councilmember Nomura, seconded by Councilmember Clark, to approve the Proclamation Designating the Month of March 2025 as “Women’s History Month” in the City of Carpinteria. Upon voice vote, the motion carried unanimously.

Mayor Alarcon and the Council presented the proclamation to Beth Cox and members of the Carpinteria Woman’s Club.

2. A Proclamation Designating Sunday, March 9, 2025 as California Arbor Day in the City of Carpinteria. (Requires taking public comment and approval prior to the City Council reading and presenting the proclamation.)
There was no public comment.

Motion by Councilmember Nomura, seconded by Councilmember Mayer, to approve the Proclamation Designating Sunday, March 9, 2025 as California Arbor Day in the City of Carpinteria. Upon voice vote, the motion carried unanimously.

Mayor Alarcon and the Council presented the proclamation to Tiffany Smith, Parks and Facilities Maintenance Supervisor.

3. Introduction of New Employees: Megan Araghi, Management Assistant; Juliza Briones, Program Manager in General Government; Mitch Perkins, Chief Building Inspector/Plans Examiner; Vittoria Cutbirth, Program Manager in Parks, Recreation & Community Services; Darrell Brown, Parks and Facilities Attendant; and Stephanie Colburn, Literacy Coordinator.

Assistant City Manager Kintz introduced Megan Araghi, Management Assistant and Juliza Briones, Program Manager in General Government.

City Council Regular Meeting Minutes
February 24, 2025

Parks & Facilities Maintenance Supervisor Smith introduced Darrell Brown, Parks & Facilities Attendant.

Community Development Director Bobroff introduced Mitch Perkins, Chief Building Inspector/Plans Examiner.

Parks, Recreation and Community Services Director Gant introduced Vittoria “Torrie” Cutbirth, Program Manager in Parks, Recreation and Community Services.

City Manager Ramirez noted that Stephanie Colburn, Literacy Coordinator would be introduced at an upcoming Library Board of Trustees meeting.

PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
First District Supervisor Roy Lee provided the following updates:
• Tomorrow the Board of Supervisors will discuss the title transfer between Exxon Mobil and Sable Corporation.
• On March 18th the Board of Supervisors will discuss changes to the Cannabis Ordinance regarding carbon scrubbers.

There was no public comment.

CITY MANAGER’S REPORT
a. City Employee Updates
Assistant City Manager Kintz reported on City recruitments. b. Updates on Capital Improvement Projects
None.
c. Updates on Development Applications
Community Development Director Bobroff reported on the 6380 Via Real Multifamily Residential Project Concept Submittal.
d. Other City/Community Updates
City Manager Ramirez reported on his and Councilmember Mayer’s attendance at the League of California Cities Mayors and Councilmembers Academy and his and Assistant City Manager Kintz’ attendance at the League of California Cities City Manager’s Conference.

City Council Regular Meeting Minutes
February 24, 2025

Community Development Director Bobroff reported on the Earthquake Brace & Bolt Grants that are now available to Carpinteria homeowners.

Parks, Recreation and Community Services Director Gant reported on a new AgeWell Tai Chi class, the 50s Sock Hop Dance, and the Carpinteria Head Start Parent Meeting Outreach.

There was no public comment.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Michael Baker representing United Boys & Girls Clubs, Monique Fairgood, representing United Boys & Girls Clubs, Bob Franco, Carol Kernahan representing Carpinteria Indivisible, and Rogelio Delgado Councilmember Clark requested more information about Mr. Franco’s comments regarding the permitting of repairs of mobile homes at the local level and Mayor Alarcon agreed with Councilmember Clark’s request. Legal Counsel Acos noted that staff could bring back additional information in the City Manager’s Report at the next meeting.

CONSENT CALENDAR
There was no public comment.

Motion by Vice Mayor Solórzano, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 4 through 7. Upon voice vote, the motion carried unanimously.

4. Approve the minutes of the special meeting held February 3, 2025, the regular meeting held February 10, 2025, the special meeting held February 14, 2025, and the special joint meeting held February 18, 2025.

5. Receive and file the Expenditures for the period beginning February 3, 2025 and ending February 14, 2025.

6. Receive and file the Report of Contracts Executed by the City Manager for the Period of January 7, 2025 through February 3, 2025.

7. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds for January 2025.

ADMINISTRATIVE MATTERS:

8. Adoption of Resolution No. 6367, Approving an Appointment to the Downtown “T” Business Advisory Board.

City Council Regular Meeting Minutes
February 24, 2025

Recommendation: Adopt Resolution No. 6367, approving an appointment to the Downtown “T” Business Advisory Board.

City Clerk Barrett presented the staff report.

There was no public comment.

Motion by Councilmember Clark, seconded by Councilmember Nomura, to adopt Resolution No. 6367, as read by title only, approving the appointment of Kevin Murphy as an assessment-paying member to the Downtown “T” Business Advisory Board. Upon voice vote, the motion carried unanimously.

9. Appoint a City Representative to the Community Media Access Center (TV Santa Barbara) Board of Directors.

Recommendation: Appoint a City Representative to the Community Media Access Center (TV Santa Barbara) Board of Directors.

City Clerk Barrett provided the staff report.

Speakers in-person: Gary Dobbins
Motion by Vice Mayor Solórzano, seconded by Councilmember Nomura, to appoint Gary Dobbins as the City Representative on the Community Media Access Center (TV Santa Barbara) Board of Directors. Upon voice vote, the motion carried unanimously.

10. Adopt Resolution No. 6368 updating the operational hours of the Skate Park.

Recommendation: Adopt Resolution No. 6368 updating the operational hours of the Skate Park and rescind Resolution No. 6256.

Parks, Recreation & Community Services Director Gant presented the staff report.

Speakers in-person: Peter Bonning representing Carpinteria Skate Foundation Motion by Councilmember Nomura, seconded by Councilmember Mayer, to adopt Resolution No. 6368 as read by title only. Upon voice vote, the motion carried unanimously.

PUBLIC HEARING: NONE

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED: NONE City Council Regular Meeting Minutes
February 24, 2025

MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS: NONE
LEGISLATIVE UPDATE: NONE

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Councilmember Mayer reported on the following:
• Her attendance at the Public Policy Committee put on by the South Coast Chamber of Commerce, which focused on fire preparedness. • This Thursday the California Insurance Commissioner will be at the Goleta Community Center at 6 pm to take questions about fire, fire insurance, and homeowners insurance.
• Currently in talks with District 1 Supervisor to have a townhall in Carpinteria working with our firefighters.

Vice Mayor Solórzano reported on her attendance at the Santa Barbara Metropolitan Transit District Board meeting last week where the Board discussed the Isla Vista Mobility Plan, the second quarter financial update, and ways to attract more MTD drivers.

Councilmember Clark reported on his attendance at an SBCAG Board meeting where it was announced that the 101 Project is $137 million short.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the special Council meeting on March 4th.

CLOSED SESSION MATTER

11. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED

LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) and (3) (as applicable): 1
Legal Counsel Acos read aloud the title of the Closed Session into the record.

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

TEMPORARY ADJOURNMENT TO CLOSED SESSION
City Council Regular Meeting Minutes
February 24, 2025

Mayor Alarcon temporarily adjourned the meeting to Closed Session at 6:39 pm.

RECONVENE IN OPEN SESSION
Mayor Alarcon reconvened the meeting in Open Session at 7:57 pm with all Councilmembers, City Manager Ramirez, Legal Counsel Acos, Assistant City Manager Kintz, and City Clerk Barrett present.

CLOSED SESSION REPORT
Legal Counsel Acos announced that there was no reportable action from the Closed Session.

ADJOURNMENT
Mayor Alarcon adjourned the meeting at 7:57 pm.
__________________________
Natalia Alarcon, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
March 10, 2025

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning February 17, 2025 and ending February 28, 2025.

STAFF RECOMMENDATION
Receive and file Warrant Register for the period of February 17, 2025, through February 28, 2025, pursuant to Carpinteria Municipal Code 2.08.150(F).

DISCUSSION
As part of each regular City Council agenda, a list of all checks (Attachment A) disbursed since the last reporting period is presented to the City Council pursuant to C.M.C.

2.08.150(F). The report is provided for City Council and public information and serves as verification that the expenditures have been reviewed and are within budgeted appropriations.

FINANCIAL CONSIDERATIONS
The warrant register is designed to communicate fiscal activity since the prior reporting period and ensure expenditures are within the approved budget.

ATTACHMENTS
Attachment A: Warrant Register for the period beginning February 17, 2025, and ending February 28, 2025.

Warrant Register
March 10, 2025
Page #2
Staff contact: Brenda Robinson, Accounting Specialist
(805) 755-4442, [email protected]
Signature
Staff contact: Licette Maldonado, Admin Services Dir.
(805) 755-4448, [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

Vendor Number Vendor Name Payment Date Payment Amount Number Payable # Payable Type Payable Description
Bank Code: AP Bank-AP Bank
Payment Type: Regular
GRAINGER GRAINGER 02/20/2025 (230.62) 104280
MISSIONSQUARE MISSIONSQUARE 02/20/2025 10,825.84 105234 INV0006984 Invoice MISSIONSQUARE Employee Contributions INV0006985 Invoice Deferred Compensation Contribution-Part Time Emp INV0006986 Invoice MissionSquareEmployee Contributions
INV0006987 Invoice MISSIONSQUARE Employee Contributions SEIU LOCAL 620 SEIU LOCAL 620 02/20/2025 235.32 105235
INV0006988 Invoice Employee Union Dues Contribution
ANIMAL MEDICAL CLINI ANIMAL MEDICAL CLINIC 02/20/2025 3,280.00 105236 567421 Invoice DEC24 DOG LICENSING ISSUANCE
567422 Invoice JAN25 CONTRACTED VET SERVICES
568051 Invoice JAN25 EMERGENCY OUT OF CONTRACT VET SERVICES 568187 Invoice JAN25 DOG LICENSING ISSUANCE
568196 Invoice FEB25 CONTRACTED VET SERVICES
BUENA VENTURA SWIM C BUENA VENTURA SWIM CLUB 02/20/2025 326.00 105237 INV0007000 Invoice FEB25 COASTAL CHAMPS SWIM MEET
CARPINTERIA COM THEA CARPINTERIA COMMUNITY THEATRE 02/20/2025 3,250.00 105238 FY24-25 GRANT Invoice FY24-25 COMMUNITY SERVICES SUPPORT GRANT CARPINTERIA VALLEY R CARPINTERIA VALLEY ROOFING INC. 02/20/2025 950.00 105239 INV0006983 Invoice CLEAR CITY HALL ROOF & DRAINS 2/5/25 JAYNE DIAZ JAYNE DIAZ 02/20/2025 105240 790.53
INV0006982 Invoice MAR25 MEDICAL REIMBURSEMENT
JULIA MAYER JULIA MAYER 02/20/2025 105241 314.00
INV0006991 Invoice REIMBURSE TRAVEL LEAGUE OF CA CITIES JAN25 LARRY DRIGGERS LARRY DRIGGERS 02/20/2025 105242 790.53
INV0006989 Invoice MAR25 MEDICAL REIMBURSEMENT
MARY ANN COLSON MARY ANN COLSON 02/20/2025 105243 790.53 INV0006990 Invoice MAR25 MEDICAL REIMBURSEMENT
POLICORE INC. POLICORE INC. 02/20/2025 105244 13,034.95 403492 Invoice IT SERVICES-CITY HALL DEC24
403493 Invoice IT SERVICES-LIBRARY DEC24
SO CA EDISON SO CA EDISON 02/20/2025 105245 22.65
JAN25 700474689651 Invoice JAN25 ELECTRICITY-4683 9TH ST AFLAC AFLAC 02/27/2025 105246 179.85
022435 Invoice FEBRUARY 2025 EMPLOYEE PREMIUMS
AMAZON AMAZON CAPITAL SERVICES INC 02/27/2025 105247 986.97 13K3-WJYP-3DT1 Invoice LUMBAR SUPPORT FOR MEGAN A.
16R9-GN7Y-71DL Invoice ZIP BOOKS-B. FINCH
1936-QVHG-6T6T Invoice BOOKS FOR LIBRARY
1936-QVHG-JYDN Invoice ZIP BOOKS-M. VALENT
1936-QVHG-TPLP Credit Memo BOOKS FOR LIBRARY
1C4D-RPTT-TP3D Credit Memo BOOKS FOR LIBRARY
1CPM-Q3JY-46NV Invoice REPLACEMENT CABLE FOR CITY HALL MODEM Warrant Register
Carpinteria, CA
Date Range: 02/17/2025 - 02/28/2025

1H3J-TG3Y-4KWL Invoice BOOKS FOR LIBRARY
1HHC-6D31-VKMJ Invoice BOOKS FOR LIBRARY
1HRM-W1C1-RLDK Credit Memo BOOKS FOR LIBRARY
1KQX-9LYN-6LHY Invoice COLORED PENCILS FOR LIBRARY
1L6X-TVC6-1PLH Invoice PAPER NAPKINS FOR AGE WELL DANCE 1MQ1-V6YN-T91Q Credit Memo BOOKS FOR LIBRARY
1NN4-4MVF-H6XG Invoice ZIP BOOKS-E. JACOBSON
1P1Q-RQT7-331J Invoice NAME TAG AND SHIPPING LABELS FOR LIBRARY 1PNC-6L69-R7V6 Credit Memo BOOKS FOR LIBRARY
1Q73-RWJK-T3GP Invoice BOOKS FOR LIBRARY
1T3J-4J1W-TNPL Invoice BOOKS FOR LIBRARY
1T3J-4J1W-VFPR Credit Memo BOOKS FOR LIBRARY
1VKF-6VPV-J4FV Invoice BOOKS FOR LIBRARY
1VQ3-QPRN-6CDD Invoice BOOKS FOR LIBRARY
1WD7-LT6R-TGXM Credit Memo BOOKS FOR LIBRARY
1WJ4-QGQ4-HGP7 Invoice WINDOW GIFT BOX, CAKE SERVER FOR LIBRARY 1WJ4-QGQ4-LTG4 Invoice BOOKS FOR LIBRARY
1WRY-7WT4-MNCG Invoice ZIP BOOKS-B. FINCH
1WYD-TC4T-13QL Invoice BOOKS FOR LIBRARY
1YJX-4P7V-JWYJ Invoice BOOKS FOR LIBRARY
1YJX-4P7V-P9R4 Invoice BOOKS FOR LIBRARY
1YWH-9KRG-9T4N Invoice ZIP BOOKS-T. FURUTA
**Void** 02/27/2025 - 105248
CANNON CANNON 02/27/2025 50,431.77 105249
90927 Invoice JAN25 VIA REAL REHABILIATION
91092 Invoice 4745 CARPINTERIA AVE INSPECTION SERVICES
91094 Invoice JAN25 VIA REAL STORMWATER PROJECT
91095 Invoice 4675 CARPINTERIA AVE INSPECTION SERVICES
CARPINTERIA VALLE_2 CARPINTERIA VALLEY LUMBER CO 02/27/2025 46.63 105250 556164 Invoice SAFETY GOLVES FOR PUBLIC WORKS
556770 Invoice HARDWARE & GLUE TO SECURE CITY HALL SHUT OFF VALVE 556867 Invoice HARDWARE FOR PUBLIC WORKS SHOP
COAST AUTO PARTS IN COAST AUTO PARTS INC 02/27/2025 105251 22.88 788055 Invoice CHAMOIS FOR SWEEPER
COASTAL VIEW NEWS COASTAL VIEW NEWS 02/27/2025 105252 370.00 62083 Invoice DAYLIGHTING LAW AD 2/6/25
EASY LIFT TRANSPORTA EASY LIFT TRANSPORTATION 02/27/2025 105253 1,000.00 7587 Invoice FEB25 COMMUNITY TRANSPORTATION SERVICES
ELISEO CARILLO ELISEO CARILLO 02/27/2025 105254 300.00
INV0007035 Invoice VETS HALL DEPOSIT REFUND
EV CONNECT INC. EV CONNECT INC. 02/27/2025 105255 1,946.00 5080 Invoice CHARGING CABLES FOR EV STATIONS
FILIPPIN ENGINEERING FILIPPIN ENGINEERING INC. 02/27/2025 105256 15,222.75 240501-10 Invoice JAN25 2022 PAVEMENT REHABILITATION PROJECT FRONTIER COMMUNICATI FRONTIER COMMUNICATIONS 02/27/2025 105257 457.75 FEB25 805-684-4314-063022-5 Invoice FEB25 PHONE & INTERNET SERVICES FOR LIBRARY FEB25 805-684-7613-042205-5 Invoice FEB25 PHONE & INTERNET FOR LG TOWER & BOATHOUSE GRAINGER GRAINGER 02/27/2025 105258 230.62
9215295404 Invoice PIPE WRENCH/EXTRACTOR, BRASS PLUG
GRANICUS GRANICUS 02/27/2025 105259 3,296.33
197307 Invoice 2/2/2025 - 2/1/2026 SUBSCRIPTIONS
GUARDIAN GUARDIAN 02/27/2025 105260 8,440.83
FEB25 PREMIUMS Invoice FEB25 PREMIUMS
HOME DEPOT CREDIT SE HOME DEPOT CREDIT SERVICES 02/27/2025 105261 346.66 6373734 Invoice TAP & DIE WRENCH FOR SHOP

9545925 Invoice TOOLS FOR PUBLIC WORKS SHOP
INFOARMOR INC INFOARMOR INC 02/27/2025 63.80 105262
6456Feb25 Invoice FEB25 IDENTITY THEFT EMPLOYEE PREMIUMS INTERNATIONAL E-Z UP INTERNATIONAL E-Z UP INC 02/27/2025 4,101.18 105263 INV0680387 Invoice E-Z UP CANOPIES FOR COMMUNITY POOL
JACK'S BISTRO JACK'S BISTRO 02/27/2025 1,255.68 105264
INV0007019 Invoice CATERING AGE WELL SOCK HOP DANCE
LOWE'S LOWE'S 02/27/2025 1,140.28 105265
JAN25 9800 338916 4 Invoice JAN25 CARD PAYMENT
MAR CO EQUIPMENT COM MAR CO EQUIPMENT COMPANY 02/27/2025 5,526.60 105266 206740 Invoice 30 SETS SWEEPER BROOMS
MARINA GAMEZ MARINA GAMEZ 02/27/2025 100.00 105267
INV0007034 Invoice PARK DEPOSIT REFUND
MCCORMIX CORP MCCORMIX CORP 02/27/2025 126.89 105268
26408 Invoice FUEL FOR CITY VEHICLES
MISSION UNIFORM SERV MISSION UNIFORM SERVICE 02/27/2025 456.47 105269 523272990 Invoice TOWEL & MAT REPLACEMENT VETS HALL 2/10/25 523272991 Invoice TOWEL & MAT REPLACEMENT LIBRARY 2/10/25 523272993 Invoice TOWEL & MAT REPLACEMENT POOL 2/10/25
523272994 Invoice MAT REPLACEMENT, UNIFORM CLEANING 2/10/25 523272995 Invoice TOWEL & MAT REPLACEMENT CITY HALL 2/10/25 523314264 Invoice MAT REPLACEMENT, UNIFORM CLEANING 2/17/25 MRS ENVIRONMENTAL I MRS ENVIRONMENTAL INC 02/27/2025 7,680.00 105270 600-2025-01 Invoice JAN25 OIL & GAS ON CALL ENVIRONMENTAL SERVICES MUNICIPAL MANAGEMENT MUNICIPAL MANAGEMENT ASSOCIATION OF SOUTHERN CALIFORNIA 02/27/2025 5.00 105271 11955 Invoice REGION 1 EVENT - RYAN KINTZ
NGU DRONE PHOTOGRAPH NGU DRONE PHOTOGRAPHY LLC 02/27/2025 105272 560.00 1032 Invoice PUBLIC WORKS PROMOTION VIDEO 2/3/25
PROFESSIONAL WASH CE PROFESSIONAL WASH CENTER 02/27/2025 105273 31.50 9336 Invoice WASH & FOLD HOLIDAY BANNERS
QUADIENT LEASING USA QUADIENT LEASING USA INC. 02/27/2025 105274 622.44 Q1740404 Invoice MAR25-JUN25 LEASE PAYMENT FOR C.H. POSTAGE MACHINE ROADLINE PRODUCTS IN ROADLINE PRODUCTS INC USA 02/27/2025 105275 1,289.12 20978 Invoice POLES & ANCHORS FOR RIGHT OF WAY SIGNS
ROCKWELL PRINTING ROCKWELL PRINTING 02/27/2025 105276 72.32 46118 Invoice BUSINESS CARDS M. SMITH
RRM DESIGN GROUP RRM DESIGN GROUP 02/27/2025 105277 1,580.00 2911-01-1224 Invoice DEC24 FRANKLIN CREEK TRAIL IMPROVEMENT RYAN KINTZ RYAN KINTZ 02/27/2025 105278 420.00
INV0007021 Invoice REIMBURSE 2025 LEAGUE MANAGERS CONFERENCE SANTA BARBARA COU_29 SANTA BARBARA COUNTY SHERIFFS DEPT 02/27/2025 105279 516,750.00 2430 Invoice FEB25 CONTRACTED LAW ENFORCEMENT SERVICE
SANTA BARBARA PEST C SANTA BARBARA PEST CONTROL 02/27/2025 105280 95.00 42975 Invoice FEB25 PEST CONTROL AT COMMUNITY POOL
SHOWSCAPES SHOWSCAPES 02/27/2025 105281 704.00
388339529 Invoice IRRIGATION REPAIR HEATH RANCH PARK 1/28/25 388339531 Invoice IRRIGATION REPAIR LINDEN AVE 2/5/25
SO CA EDISON SO CA EDISON 02/27/2025 105282 942.13
FEB25 700163777874 Invoice FEB25 ELECTRICITY-6145 CARPINTERIA AVE FEB25 700827247063 Invoice FEB25 ELECTRICITY-5781 CARPINTERIA AVE PED PED

STAPLES ADVANTAGE STAPLES ADVANTAGE 02/27/2025 210.30 105283 6023896751 Invoice COPY PAPER, ENVELOPES, NOTE PADS
6023980713 Invoice STENO NOTE PADS
THE WHARF THE WHARF 02/27/2025 144.49 105284
365584 Invoice WORK BOOTS D. MILLAR
TRAFFIC TECHNOLOGIES TRAFFIC TECHNOLOGIES LLC 02/27/2025 168.25 105285 49661 Invoice RAIN GEAR, NECK PROTECTION GEAR FOR PW STAFF TRANSAMERICA EMPLOYE TRANSAMERICA EMPLOYEE BENEFITS 02/27/2025 687.24 105286 2505631039 Invoice FEB25 EMPLOYEE PREMIUMS
TWO TRUMPETS COMMUNI TWO TRUMPETS COMMUNICATIONS 02/27/2025 6,444.87 105287 1442 Invoice JAN25 COMMUNICATIONS SERVICES
UNIQUE MANAGEMENT SE UNIQUE MANAGEMENT SERVICES INC 02/27/2025 88.65 105288 6135864 Invoice JAN25 LOST LIBRARY BOOKS
WESTAIRE HEATING & C WESTAIRE HEATING & CONDITIONING INC 02/27/2025 873.68 105289 21434 Invoice SERVICE FAILED CIRCUIT BOARD SHERIFF OFFICE WEX BANK (CHEVRON) WEX BANK (CHEVRON) 02/27/2025 1,081.83 105290 102942431 Invoice FEB25 FUEL FOR CITY VEHICLES
EDD-SIT EDD-SIT 02/20/2025 6,765.63 DFT0003422
PR04 2/20/25 Invoice PR04 2/20/25 EDD PIT TAX DEPOSIT
EDD-SDI EDD-SDI 02/20/2025 2,070.04 DFT0003423
PR04 2/20/25 Invoice PR04 2/20/25 EDD SDI TAX DEPOSIT
INTERNAL REVENUE SER INTERNAL REVENUE SERVICE 02/20/2025 21,112.48 DFT0003424 PR04 2/20/25 Invoice PR04 2/20/25 FEDERAL TAX DEPOSIT
CalPERS CalPERS 02/20/2025 13,358.11 DFT0003425
2/1/25-2/14/25 PEPRA Invoice PEPRA RETIREMENT CONTRIBUTIONS 2/1/25-2/14/25 CalPERS CalPERS 02/20/2025 DFT0003426 14,137.53
2/1/25-2/14/25 CLASSIC Invoice CLASSIC RETIREMENT CONTRIBUTIONS 2/1/25-2/14/25

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
March 10, 2025

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6369, Authorizing the Filing of the Transportation Development Claim for Fiscal Year 2025/26.

STAFF RECOMMENDATION
Adopt Resolution No. 6369, authorizing the filing of the Transportation Development Act Claim for Fiscal Year 2025/26.

Sample Motion: I move to adopt Resolution No. 6369, as read by title only.

BACKGROUND
The California Transportation Development Act (TDA) is a funding source for the development and support of public transportation needs. The TDA provides two major sources of funding; the Local Transportation Fund (LTF) and State Transit Assistance Fund (STA). The City only claims LTF and not STA funding since it does not operate a transit system. The LTF is a local fund in which the state deposits sales tax revenue to be used for transportation purposes as defined by the TDA.

As the state-designated Regional Transportation Planning Agency for Santa Barbara County, the Santa Barbara County Association of Governments (SBCAG) is responsible for administering the distribution of TDA funds to local agencies and for monitoring the subsequent use of those funds to ensure conformity with all TDA requirements. The TDA funds are allocated to areas of each county based on population, taxable sales, and transit performance. The TDA provides funding for use by local agencies towards a variety of transportation purposes with public transportation as the first priority. Other eligible purposes are regional transportation planning and programming, bicycle and pedestrian projects, and local street and road projects.

The purpose of this agenda item is to adopt Resolution No. 6369 (Attachment A), authorizing the filing of the Transportation Development Act Claim for Fiscal Year 2025/26.

Submittal of TDA Claim for FY 2025/26
March 10, 2025

The TDA Claim documents are provided in Attachment B.

DISCUSSION
Every year, SBCAG divides the estimated amount to be deposited in the TDA funds over the coming fiscal year among each local agency based on population percentages provided by the California Department of Finance. This amount is called the apportionment. The City 14,229 for Fiscal Year 2025/26. As of June 30, 2024, ited TDA fund balance is $15,464.

In order to receive the allocation in the upcoming fiscal year, the City must submit a claim to SBCAG for describing how the apportionment will be used. These claims must be submitted to SBCAG by April 15, 2025. The SBCAG Board approves the amount of funding to be distributed to each local agency and eligible uses of funds based on the claims submitted. SBCAG disburses the LTF each month when revenue comes in from the California Board of Equalization. When enough LTF accumulates, the City uses these funds for bike and pedestrian facilities, and pavement improvements.

Adoption of Resolution No. 6369 would enable the City to meet the April 7 deadline for filing the TDA claim.

POLICY CONSISTENCY
This item is in accordance with the regulations of the Transportation Development Act.

FINANCIAL CONSIDERATIONS

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal or risk management concerns presented with this item.

OPTIONS

1. Adopt Resolution No. 6369, authorizing the filing of the Transportation Development Act Claim for Fiscal Year 2025/26.

2. The City Council could choose to not adopt Resolution No. 6369 and direct staff as appropriate; however, to receive the TDA funds for Fiscal Year 2025/26, the City must adopt the Resolution and submit to SBCAG the TDA Claim by April 15, 2025.

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

Submittal of TDA Claim for FY 2025/26
March 10, 2025

ATTACHMENTS
Attachment A: Resolution No. 6369
Attachment B: TDA Claim Documents
Staff contact:

Stephon Downes, Management Analyst
(805) 755-4446; [email protected] Signature
Reviewed by:

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

Licette Maldonado, Administrative Services Director
(805) 755-4448; [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. 6369
RESOLUTION NO. 6369

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CARPINTERIA

AUTHORIZING THE FILING OF A CLAIM WITH THE

SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS

FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS
FOR FISCAL YEAR 2025/26
WHEREAS, the Transportation Development Act (TDA), as amended (Public Utilities Code Section 99200 et seq.), provides for the allocation of funds from the Local Transportation Fund, for use by eligible claimants for various transportation purposes; and
WHEREAS, pursuant to the provisions of the TDA, as amended, and pursuant to the applicable rules and regulations thereunder (21) Cal. Code of Regulations Sections 6600 et seq.), a prospective claimant wishing to receive an allocation from the Local Transportation Fund or the State Transit Assistance Fund shall file its claim or amended claim with the Santa Barbara County Association of Governments, the designated Regional Transportation Planning Agency for Santa Barbara County.

NOW, THEREFORE, BE IT RESOLVED as follows:

The City Manager or his designee is authorized to execute and file an appropriate claim and necessary claim amendments pursuant to the terms of the TDA, as amended, and pursuant to applicable rules and regulations promulgated there under, together with all necessary supporting documents, with the Santa Barbara County Association of Governments for an allocation of TDA funds in Fiscal Year 2025/26.

SECTION 1. The authorized claim includes $14,229 for pedestrian and bicycle facilities.

SECTION 2. A copy of this resolution shall be transmitted to the Santa Barbara County Association of Governments in conjunction with the filing of the claim.

PASSED, APPROVED AND ADOPTED on March 10, 2025 by the following called vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:

Resolution No. 6369

________________________
Mayor, City of Carpinteria
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 on March 10, 2025.

______________________________
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
TDA Claim Documents
Line
1 Project Year (FY)
2 Claimant
3 Address
4 Contact Person Title
5 Telephone Number
6 The above named claimant hereby applies for allocations of Transportation Development Act funds for FY 2024-2025 for the purposes and in the amount(s) specified below:

Apportionment Claimed
7 - $
less amount released to SBCAG minus $ -
8 Pedestrian & Bikeway Facilities (PUC 99234) 14,264 $ 14,264.00 9 Articles 4 & 8:
less amounts released to:
10 minus
11 minus
minus
minus
minus
minus
plus amounts released from:
13 plus
14 plus
15 plus
16 Article 4 Transit (PUC 99260) - $
17 Article 4.5 Community Transit (PUC 99275) - $
18 Article 8a Streets & Roads (PUC 99400a)
19 Article 8c Transit Contracts (PUC 99400c)
20 TOTAL LTF 14,264.00 $ 14,264.00 $
21 Amount to be held in reserve (CCR 6648)
By Claimant By SBCAG
Regional Transportation Planning
(PUC 99262 & 99402)
2024-2025
City of Carpinteria
Licette Maldonado Administrative Services Director
(805) 755-4448
5775 Carpinteria Avenue, Carpinteria, CA 93013
DOCUMENT A (Instructions on pages 4-3 and 4-4)

TRANSPORTATION DEVELOPMENT ACT CLAIM FORM
(All claimants must complete this document)
Purpose
Local Transportation Fund
DOCUMENT A (Continued)
22 Transportation Planning
23 Mass Transportation
24 TOTAL STA - $
25 TOTAL TRANSPORTATION DEVELOPMENT ACT CLAIM 14,264.00 $ (add lines 20 and 24)
26 By:
27 Title:
28 Date:
29 Signed:
30 Name:
31 Title:

Licette Maldonado
Administrative Services Director
I hereby attest to the reasonableness and accuracy of the financial statements included in Documents C, D, F, and G. (Sec. 6632)
Licette Maldonado
Administrative Services Director
Claimant acknowledges that payment by the County Auditor of an allocation made by the Association of Governments is subject to such monies being on hand and available for distribution and to the provision that such moneys be used only in accordance with the terms of the allocation instruction issued by the Association of Governments
Reference: CCR Section 6630
State Transit Assistance
ARTICLE 3 BIKE/PED CLAIMS [Cities and County]
List the corresponding RTP project and/or page numbers.

List the corresponding local bicycle plan project and/or page numbers.

ARTICLE 4 TRANSIT CLAIMS [COLT, Guadalupe, SBMTD, SMAT, and SYVT] List the corresponding RTP project and/or page numbers.

Complete sections for every article under which you are claiming TDA funds.

Describe how you plan to use LTF Article 4 Transit funds. Include, as applicable, type of project, construction start date, expected date of opening.

Pedestrian and bikeway maintenance projects.

DOCUMENT E (Instructions on page 4-9)

PROJECT DESCRIPTION & REGIONAL TRANSPORTATION PLAN CONFORMITY (All claimants must complete this document)
Describe how you plan to use LTF Article 3 Bike/Ped funds. Include, as applicable, location, type of bike facility, length of project (if bike lane), construction start date, and expected date of opening.

ARTICLE 4.5 COMMUNITY TRANSIT SERVICES CLAIMS [Easy Lift and SMOOTH] List the corresponding RTP project and/or page numbers.

ARTICLE 8(c) TRANSIT CLAIMS [County only]
List the corresponding RTP project and/or page numbers.

ARTICLE 8(a) STREETS AND ROADS CLAIMS [Cities and County, if applicable] Describe how you plan to use LTF Article 4.5 CTSA funds. Include, as applicable, type of project, construction start date, expected date of opening.

Describe how you plan to use LTF Article 8 Transit funds. Include, as applicable, type of project, construction start date, expected date of opening.

Describe how you plan to use LTF Article 8 Streets/Roads funds. Include, as applicable, type of project, construction start date, expected date of opening.

Reference: CCR Section 6651
N/A 1)
N/A 2)
N/A 3)
N/A 4)
N/A 5)
N/A 6)
7)
8) Claimant certifies that (initial one):

Claimant certifies it has submitted a satisfactory, independent fiscal audit, with required certification statement, to SBCAG and to the State Controller, pursuant to PUC 99245 and 21 CCR 6664, for the prior fiscal year (project year minus two). Claimant also assures this audit requirement will be completed for the current fiscal year (project year minus one).

DOCUMENT H (Instructions on page 4-14)
(All claimants must complete this document)
CLAIMANT ASSURANCES: Initial Each Section or Indicate N/A.

Claimant certifies that it maintain for the project year the ratio of fare revenues and local funds to operating cost at least equal to the ratios adopted by SBCAG (SBCAG Resolution 10-35, SBCAG Resolution 14-34 for City of Lompoc).

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Claimant that received an allocation of LTF funds for an extension of service pursuant to PUC 99268.8/CCR 6619.1 certifies that it will file a report of these services pursuant to CCR 6633.8b within 90 days after the close of the fiscal year in which that allocation was granted.

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Claimant filing a claim for TDA funds for capital intensive projects certifies that it has made every effort to obtain federal funding pursuant to PUC 99268.7 and/or CCR 6754(a)(3).

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Date of submittal to State Controller:

Date of submittal to SBCAG:

Applies to SBMTD, Easy Lift, and SMOOTH. SBCAG contracts for and submits fiscal audits for all other TDA claimants.
budget for the year came from LTF. Claimant also certifies that its fiscal audit contains Applies to Article 4.5 (CTSAs)
Claimant certifies it has submitted an annual report, documenting agency operations, in conformance with the uniform system of accounts and records, to SBCAG and to the State Controller, pursuant to PUC 99243, for the prior year (project year minus two). Claimant assures this report will be audited by an independent CPA. Claimant also assures this report will be completed for the current fiscal year (project year minus one).

Date of submittal to State Controller:

Date of submittal to SBCAG:

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Claimant certifies it has submitted an annual report, regarding expenditure of funds received, to the State Controller, pursuant to 21 CCR 6665, for the prior year (project year minus two).

Claimant assures this report will be audited by an independent CPA. Claimant also assures this report will be completed for the current fiscal year (project year minus one).

Date of submittal to State Controller:

Applies to Articles 3 (bike/ped) and 8 (streets/roads)
DOCUMENT H (Continued)
(Instructions on page 4-15)
N/A a)
N/A b)
N/A c)
N/A 9)
N/A 10)

ATTACHMENTS MAY BE REQUIRED
Statement:

N/A 11)
N/A 12)
N/A 13)
N/A 14)

ATTACHMENTS REQUIRED
Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Applies to Articles 4 (transit) and 8 (transit)
Claimant certifies that attached is certification from the Department of California Highway Patrol (CHP), completed within the last 13 months, that indicates the operator is in compliance with Section 1808.1 of the Vehicle Code. Section 1808.1 of the Vehicle Code requires, among other things, that operators participate in a pull notice system for obtaining current driver records from the Department of Motor Vehicles.

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit)

ATTACHMENTS REQUIRED
Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Claimant certifies it is in compliance with PUC 99155: if it offers reduced fares to seniors, it offers the same reduced rate to disabled persons, handicapped persons, and disabled veterans, and it honors the federal Medicare card for identification to receive reduced fares. the current cost of its retirement system is fully funded with respect to the officers and employees of its public transportation system (PUC 99271(a)); or
Claimant certifies it is in compliance with PUC 99155.5: dial-a-ride and paratransit services are accessible to handicapped persons and the service is provided to persons without regard to vehicle ownership and place of residence.

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Claimants that contract with another entity or entities for transit service certify that a copy of the contract negotiated with that entity is attached , pursuant to CCR 6630. the operator is implementing a plan approved by SBCAG which will fully fund the retirement system for such officers and employees within 40 years (PUC 99271(a)); or the operator has a private pension plan which sets aside and invests, on a current basis, funds sufficient to provide for the payment of future pension benefits and which is fully compliant with the requirements stated in PUC 99272 and 99273.

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Claimant certifies that, pursuant to PUC 99264, it does not routinely staff, with two or more persons, a vehicle for public transportation purposes designed to be operated by one person. over the preceding year, and does not include a substantial increase or decrease in scope of operations or capital budget provisions for major new fixed facilities. If the budget does include such changes, documentation is attached that identifies and substantiates the reason and need for the changes, pursuant to PUC 99266, CCR 6632(b). E.g., if there is a substantial change between the capital expenditures proposed in this claim and those described in the must provide a statement that substantiates the need for this change. If the claimant has neither a SRTP nor a TDP, the claimant must provide a statement that describes the need for the proposed capital expenditure.

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) DOCUMENT H (Continued)
(Instructions on page 4-15)
N/A 15) Claimant certifies that, per SBCAG Resolution 90-1, attached to this claim is an operations plan and budget that describes existing and proposed service, and report on progress of coordination and consolidation objectives.

ATTACHMENTS REQUIRED
Applies to Article 4.5 (CTSAs)
DOCUMENT H (Continued)
(Instructions on page 4-15)
N/A 16)
N/A 17)
N/A 18)

ATTACHMENTS MAY BE REQUIRED
N/A 19)
Signature:

Name:

Title:

Date:

Administrative Services Director
Licette Maldonado
The undersigned (must be the individual named in the authorizing resolution) hereby certifies that the above statements are true and correct.

Claimant certifies that pusuant to CCR § 6633 and PUC § 99268(c) it shall maintain farebox ratios in providing transit services as follows: Urbanized 20%, Non-Urbanized and ADA 10% Applies to Article 8 (streets/roads)
Claimant certifies that, per SBCAG Resolution 90-1, it has attached an agreement to indemnify and hold harmless SBCAG from any claims, judgments or liabilities against the claimant.

Claimant certifies it has also attached proof of insurance coverage , with limits of general liability to be specified.

ATTACHMENTS REQUIRED
Applies to Article 4.5 (CTSAs)
Claimant certifies that in its TDA claim, not less than 5% of the amount claimed under Article 4 will be expended for demand-response service for the elderly and individuals with disabilities, per SBCAG Resolution 90-1.

Applies to Articles 4 (transit) in service areas without a designated CTSA [COLT, SYVT] If SBCAG has found that there are unmet transit needs that are reasonable to meet within its jurisdiction, the claimant certifies it has attached a summary of the actions it plans to take to meet the needs.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
March 10, 2025

ITEM FOR COUNCIL CONSIDERATION
Request for the issuance of a Letter of Public Convenience or Necessity, to the California Department of Alcoholic Beverage Control for a Type 20 Off-Sale Beer and Wine license for Channel Islands Surfboards, located a 704 Linden Avenue.

STAFF RECOMMENDATION
Staff recommends that the Council make a determination as to whether approval of the requested License to operate a business with Off-Sale Beer and Wine privileges within the City serves the public's convenience or necessity.

Sample Motion: I move that a letter of Public Convenience or Necessity be provided to ABC for the operation of a Type 20 Off-Sale Beer and Wine License at Channel Islands Surfboards, located a 704 Linden Avenue.

BACKGROUND
On May 16, 2024, the City and Santa Barbara County Sheriff received notification from Alcoholic Beverage Control (ABC) staff that Channel Islands Surfboards had submitted a license application for their new retail store located at 704 Linden Avenue. The application, provided in Attachment A, was for a Type 20 Off-Sale Beer and Wine License, and would authorize the sale of beer and wine for consumption off the premises where sold.

When notification of a new license application is received, the City and the Santa Barbara County Sheriff's office have the opportunity to submit questions, concerns or objections to the proposed license, including a Letter of Protest (e.g., objecting to the license) or a Conditional Letter of Protest (e.g., objecting to the license unless certain conditions are agreed to and implemented). If no comments are received from the local agencies by the end of the review period, ABC continues with the processing of the application with the understanding that the local jurisdiction and law enforcement agency have no questions, concerns or objections to the requested license. No concerns or objections to the proposed license were submitted by City staff or law enforcement.

Channel Islands Surfboards PCN Request
March 10, 2025

In most circumstances, ABC is responsible for determining whether or not to approve and issue a License, subject to input provided by the local jurisdiction and law enforcement.

However, in the case of off-sale licenses, a local jurisdiction is afforded greater authority in deciding whether new or additional off-sale licenses should be approved and issued when an over-concentration of such licenses already exists within an affected census tract. In order for ABC to issue a license in such a circumstance, the local jurisdiction must first make a finding that issuance of an additional off-sale license in an already oversuch a determination by the local jurisdiction, ABC must deny the requested additional off-sale license application.

Due to an over-concentration of off-sale licenses already existing in the census tract that covers the downtown area of the City, the City Council must make a determination as to whether the public convenience or necessity is served by the issuance of an additional license. Pursuant to the Business and Professions Code, Sections 23958 and 23958.4, ABC must deny the application within 90 days of notification, unless prior to that date, a determination is made by the city that the public convenience or necessity would be served by the issuance of an additional license. The subject request for a Letter of Public Convenience or Necessity (PCN) would address this requirement.

City Council Resolution No. 4193 (Attachment B), authorizes the City Council to review and determine whether or not the public convenience or necessity is met for issuance of new off-sale beer/wine or general off-sale licenses.

DISCUSSION
Off-Sale License Over-Concentration
According to ABC's current records (Attachment C), the City of Carpinteria holds a total of 13 off-sale licenses (markets, "liquor stores," etc.), with 11 of these off-sale licenses concentrated in Census Tract 16.04, which covers the portion of the City approximately west of Dump Road and south of U.S. Highway 101 (i.e., the greater downtown area).

Based on the population size of the census tracts that comprise the Carpinteria Valley, threshold for a determination of "over-concentration" for the entire Carpinteria Valley is 12 off-sale licenses. For census tract 16.04, the number of allowed off-sale licenses is 4. As the number of licenses in the City, particularly in the City's downtown exceeds the license threshold, an over-concentration of off-sale licenses is determined to exist. Hence, any new off-sale license types in the downtown core of the City requires a PCN letter.

Channel Islands Surfboards PCN Request
On behalf of Channel Islands Surfboards, Liliger Damaso of LiquorLicenseBrokers.com submitted a PCN request along with the required fee for the proposed off-sale license on September 30, 2024. The requested Type 20 Off-Sale Beer and Wine license would Channel Islands Surfboards PCN Request
March 10, 2025

authorize the sale of beer and wine for consumption off the premises where sold. "OffSale" on an alcoholic beverage license of this type means alcoholic beverages must be sold in original, unopened packages for consumption off the premises. No distilled spirits may be sold or kept on the premises under this license type.

Channel Islands Surfboards, a global leader in surfboard design and manufacturing based in Carpinteria, will be a new tenant in the Linden Square development (formerly 700 Linden). They will occupy part of the former hardware building at 704 Linden Avenue, opening one of their flagship retail locations.

In considering whether authorization of an additional Type 20 license for off-sale beer and wine sales in the City's downtown would serve the public's convenience or necessity, the applicants explain in their PCN letter request (Attachment D) that the intent is to add the scope of alcohol sales as an incidental use to the primary retail functions. According to Channel Islands Surfboards aims to provide a distinct and exciting retail experience in Carpinteria, offering not only high-quality surfboards but also a curated section of beverages, including beer and wine for off-site consumption. This offering will enhance the shopping experience for both locals and tourists, complementing the lifestyle and outdoor culture of the community The applicants go on to describe the Linden Square development as helping to transform this area of the downtown into a vibrant hub of restaurants, shops and services. Channels Islands hopes that their retail culture will draw visitors to the downtown and
According to the applicant's request letter, one cooler comprising less than five percent (<5%) of the store's floor area would be devoted to the display of the beer and wine products. The applicant also provided two images showing the proposed placement of within the store layout (Attachment E). Channel Islands Surfboards hours of operation are proposed as Monday through Sunday, 10:00 a.m. to 6:00 p.m., during which times beer and wine sales could occur if the requested license is issued by ABC. They also shared that all employees would be trained on proper procedures for the sales and handling of alcoholic beverages, and a multiple employee presence will be onsite during normal business hours. The store is proposed to be equipped with six (6) CCTV security cameras to effectively monitor all areas in and around the store 24 hours a day, and securely stored and backed-up for a 60-day period. As required by ABC, the applicant published a Notice of Intention to Engage in the Sale of Alcoholic Beverages and posted the notice at the business site.

The applicant acknowledges that, as a current member of the community, they are aware of the character of the neighborhood, and they are dedicated to not only preserving but contributing to it. The applicant is committed to operating the business responsibly and is prepared to take all necessary measures to ensure it is cohesive with the goals of the community, without any adverse effects on the surrounding area.

Based on the above information, the Council is asked to determine whether the public convenience or necessity would be served by the issuance of the above-requested Type Channel Islands Surfboards PCN Request
March 10, 2025

20 Off-Sale Beer and Wine License. As noted previously, if the City determines the public convenience or necessity would not be served through the approval of the License, then ABC cannot issue the requested License.

POLICY CONSISTENCY
Consistent with City Council Resolution No. 4193, the City Council is authorized to review and determine whether or not the public convenience or necessity is met for issuance of new off-sale beer/wine or general off-sale licenses within the City. Ensuring that the -sale licenses supports the
intent of the following General Plan/Coastal Land Use Plan objectives and policies:

Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding sprawl development Policy LU-3d: Establish a commercial sector that balances the retail and service needs of citizens and tourists.

Policy LU-3g: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character.

FINANCIAL CONSIDERATIONS
No Additional Funding Requested. The City's Master Fee Schedule establishes a nonrefundable application fee of $2,071.00 to cover staff time to process the ABC License request. The fee provides for 100% recovery of the costs to process the application whether the license is approved or denied. Channel Islands Surfboards paid the application fee on September 30, 2024.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
California Business and Professions Code S2958.4, Undue Concentration: Licensure for Public Convenience or Necessity, states that the local governing body of the area in which the subject premises is located may determine within 90 days of notification of a completed application, that the public convenience or necessity would or would not be served by the issuance of the Public Convenience or Necessity license. The City Council may, in the exercise of its police power for the protection of public morals, health and safety, protest the license and recommend that ABC not issue the license based on an over-concentration of licenses in the vicinity and/or the history of the applicant's conduct of alcohol sales, of which there is none. Should the Council choose not to issue a PCN letter, or not make a determination within the 90-day period, ABC must deny the license due to the existing over-concentration of ABC licenses in the area. If the City issues said Channel Islands Surfboards PCN Request
March 10, 2025

letter, ABC will consider the City's input and has independent and exclusive authority to determine whether the alcohol sales license is issued.

OPTIONS

1. Issue a PCN letter to ABC finding the proposed Channel Islands Surfboards Type 20 off-sale license would serve the public convenience or necessity.

2. Do not issue a PCN letter to ABC. Failure to send a letter would result in the denial of the requested ABC license.

PRINCIPAL PARTIES EXPECTED AT MEETING
Representatives for Channel Islands Surfboards, LLC

ATTACHMENTS
Attachment A - ABC License Application
Attachment B - Resolution No. 4193
Attachment C - Current Off-Sale License Holders
Attachment D - PCN Letter Request
Attachment E Floor Plan Showing Cooler Placement
Staff contact: David Hernandez, Code Compliance Supervisor (805) 755-4418 / [email protected]
Signature
Reviewed by: Nick Bobroff, Community Development Director (805) 755-4407 / [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

License Number Status License Type Orig. Iss. Date Expir. Date 71549 ACTIVE 21 2/27/1979 9/30/2025
349900 ACTIVE 20 3/4/1999 2/28/2025
397093 ACTIVE 20 5/1/2003 6/30/2025
460602 ACTIVE 21 1/7/2008 12/31/2024
473372 ACTIVE 20 1/9/2009 12/31/2024
477562 ACTIVE 21 6/22/2009 5/31/2025
501495 ACTIVE 20 12/21/2010 11/30/2025
531201 ACTIVE 21 11/5/2013 6/30/2025
554622 ACTIVE 20 5/8/2015 6/30/2025
564845 ACTIVE 21 2/17/2016 6/30/2025
571803 ACTIVE 20 12/21/2016 11/30/2025
577974 ACTIVE 21 1/24/2017 4/30/2025
595049 ACTIVE 20 11/17/2018 10/31/2025
Non-Active
517458 SUREND 21 2/15/2012 6/30/2025
Not In City Limits
649338 ACTIVE 20 12/22/2023 11/30/2024
567594 ACTIVE 20 7/1/2016 6/30/2025
Premises Address Business Name
4860 CARPINTERIA AVE,CARPINTERIA, CA 93013 COASTAL LIQUORS 4290 VIA REAL,CARPINTERIA, CA 93013 CHEVRON STATIONS INC 1867 4795 CARPINTERIA AVE,CARPINTERIA, CA 93013 REYES MARKET 501 LINDEN AVE,CARPINTERIA, CA 93013-2037 CITY MARKET 15 1116 CASITAS PASS RD,CARPINTERIA, CA 93013-2104 ARCO AM PM 789 1036 CASITAS PASS RD,CARPINTERIA, CA 93013-2108 CVS PHARMACY STORE 9235 5292 CARPINTERIA AVE,CARPINTERIA, CA 93013 CITY MARKET CENTER 1018 CASITAS PASS RD,CARPINTERIA, CA 93013-2108 ALBERTSONS 355 4410 VIA REAL,CARPINTERIA, CA 93013 7-ELEVEN STORE 23855C/H 850 LINDEN AVE,CARPINTERIA, CA 93013 SMART & FINAL STORE #915 4502 CARPINTERIA AVE,CARPINTERIA, CA 93013-1812 MI FIESTA MARKET & DELI 4060 VIA REAL,CARPINTERIA, CA 93013-1220 KIM'S MARKET
944 LINDEN AVE,CARPINTERIA, CA 93013-2045 PACIFIC HEALTH FOODS 794 LINDEN AVE,CARPINTERIA, CA 93013-2056 BEACH LIQUOR & TACO TO GO 3825 SANTA CLAUS LN,CARPINTERIA, CA 93013-1110 SANTA CONVENIENCE LLC 1980 PAQUITA DR,CARPINTERIA, CA 93103 RIVAHIL WINERY

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
March 10, 2025

ITEM FOR COUNCIL CONSIDERATION
Fourth Amendment to Service Agreement with Granicus, LLC for Public Meeting Streaming and Online Agenda Management Services.

STAFF RECOMMENDATION
Authorize the City Manager to execute the Fourth Amendment to the Service Agreement with Granicus, LLC for public meeting streaming and online agenda management services in an amount not-to-exceed $38,879.73 and extend the term through March 31, 2028.

Sample Motion: I move to authorize the City Manager to execute the Fourth Amendment to the Service Agreement with Granicus, LLC for public meeting streaming and online agenda management services in an amount not-to-exceed $38,879.73 and extend the term through March 31, 2028.
(This motion requires a roll call vote.)

BACKGROUND
At the end of 2012, the City Manager entered into an agreement with Granicus, Inc. (now Granicus, LLC) to enhance public access and streamline government processes.

The agreement included:

Live and On-Demand Streaming Providing web-based streaming of City Council and other public meetings to improve government transparency and accessibility.

Workflow Automation Implementing tools to streamline processes for the City Council, Planning Commission, and subordinate boards/committees.

Archived Streaming Offering unlimited storage for archived meetings, ensuring long-term access to public records.

Since the initial agreement, the City has approved three amendments to extend the contract term, update the annual cost, and add the following modules and programs:

Granicus Amendment No. 4
March 10, 2025

eComment Allows the public to comment on posted agenda items. Introduced during the COVID-19 pandemic to enhance public participation.

DisclosureDocs Enables designated officials and employees to electronically file Statements of Economic Interest while automating the tracking of these forms and ethics training requirements.

CampaignDocs Allows City Council members and candidates to electronically file required campaign statements, automates tracking, and publicly posts The total amounts of the original agreement and the previous amendments have all of $50,000 or less. The purpose of this
agenda matter is for the City Council to consider authorizing the City Manager to execute the attached Fourth Amendment (see Attachment A) to the Service Agreement with Granicus, LLC for an additional three-year period through March 31, 2028, for an amount not-to-exceed $38,879.73.

Amendments No. 1-3 are included in Attachment B, and the original Agreement is included in Attachment C.

DISCUSSION
The City has been using Granicus agenda/meeting management software for over ten years
materials, and videos, as applicable. The software has also automated and streamlined the process staff takes to post and publish public meeting agendas as well as track Statements of Economic Interest and Campaign Statement filers and ethics training.

The attached original Agreement (Attachment C) includes Granicus Encoding Appliance Software (to stream meeting videos to City website), Government Transparency Suite (allows public access to meetings and their records), three separate agenda templates (for City Council, Planning Commission, and generic boards/committees), Open Platform Suite (to publish meeting content and display video), and eComment (additional method of public comment) for a three-year total of $38,879.73. The cost of DisclosureDocs and CampaignDocs are invoiced by Granicus separately as arranged in a previous amendment with Granicus, LLC. This amendment does not include any changes to DisclosureDocs or CampaignDocs.

The current subscription end date is March 31, 2025. Staff recommends the Council authorize execution of the proposed Amendment No. 4 to continue services with Granicus, LLC so there will not be a suspension in service nor the incursion of any additional fees that may arise from a break in service.

Granicus Amendment No. 4
March 10, 2025

POLICY CONSISTENCY
This agenda item is consistent with City Council Primary Goal #1 Enhance Public Outreach, Education, and Transparency.

FINANCIAL CONSIDERATIONS
2024/25 budget includes the cost of the first year of
Amendment No. 4 for Granicus software subscription/maintenance in Expense Account No. 217-221-5360.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The continued use of the Granicus agenda management software allows the City to efficiently meet the requirements of the Brown Act.

OPTIONS

1. Authorize the City Manager to execute the Fourth Amendment to the Service Agreement with Granicus, LLC for public meeting streaming and online agenda management services in an amount not-to-exceed $38,879.73 and extend the term through March 31, 2028.

2. Not authorize the City Manager to execute the Fourth Amendment to the Service Agreement with Granicus, LLC and direct staff as appropriate. The current subscription end date is March 31, 2025. Should the Council choose this option, there is the potential for a suspension in service and the application of an additional fee.

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

ATTACHMENTS
A: Fourth Amendment to Service Agreement with Granicus, LLC B: First, Second and Third Amendments to Service Agreement with Granicus, LLC C: Original Agreement with Granicus, LLC
Staff contact: Brian C. Barrett, City Clerk
(805) 755-4446; [email protected]
Signature
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected]
Signature
Granicus Amendment No. 4
March 10, 2025

Reviewed by: Michael Ramirez, City Manager
(805) 755-4450, [email protected]
Signature
ATTACHMENT A:

Fourth Amendment to Service Agreement with Granicus, LLC Amendment
Prepared for
Carpinteria, CA
Order #: Q-386445
Prepared: 04 Mar 2025

Fourth Amendment to the Granicus Service Agreement between Granicus, LLC and Carpinteria, CA
This Fourth Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Carpinteria, CA (hereinafter referred to as "Client"), with reference to the following:

WHEREAS, the Client and Granicus entered into an Agreement effective 01 Apr 2019 (the "Agreement"); and WHEREAS, the Client and Granicus wish to extend the Agreement through 31 Mar 2028; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows:

1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s).

2. The Agreement shall be extended through 31 Mar 2028.

3. Except as amended by this Fourth Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

4. In the event of any inconsistency between the provisions of this Fourth Amendment and the documents comprising the Agreement, the provisions of this Fourth Amendment shall prevail.

IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to be executed by their duly authorized representatives.

Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Carpinteria, CA Granicus
Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

THIS IS NOT AN INVOICE Exhibit A
Prepared for
Carpinteria, CA
Order #: Q-386445
Prepared: 04 Mar 2025

Exhibit A

ORDER DETAILS
Prepared By: Korgbae Freeman
Phone:

Email: [email protected]
Order #: Q-386445
Prepared On: 04 Mar 2025
Expires On: 31 Mar 2025
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: 01 Apr 2025 - 31 Mar 2026

ORDER TERMS
Current Subscription
End Date:

Initial Order Term End
Date:
31 Mar 2025
31 Mar 2028
Exhibit A
Carpinteria, CA
Order #: Q-386445
Prepared: 04 Mar 2025

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Renewing Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Government Transparency Suite Annual 1 Each $5,554.10
Template - Agenda or Minutes - HTML Annual 3 Each $1,363.29 Open Platform Suite Annual 1 Each $1,977.68
eComment Annual 1 Each $1,837.56
Granicus Encoding Appliance Software
(GT) Annual 1 Each $1,683.06
SUBTOTAL: $12,415.69
Exhibit A
Carpinteria, CA
Order #: Q-386445
Prepared: 04 Mar 2025

FUTURE YEAR PRICING
Period of Performance
Solution(s)
01 Apr 2026 - 31 Mar 2027 01 Apr 2027 - 31 Mar 2028
Government Transparency Suite $5,831.81 $6,006.76
Template - Agenda or Minutes - HTML $1,431.45 $1,474.40 Open Platform Suite $2,076.56 $2,138.86
eComment $1,929.44 $1,987.32
Granicus Encoding Appliance Software (GT) $1,767.21 $1,820.23 SUBTOTAL: $13,036.47 $13,427.57
Granicus Amendment No. 4
March 10, 2025

ATTACHMENT B:

First, Second and Third Amendments to Service Agreement with Granicus, LLC

Granicus Amendment No. 4
March 10, 2025

ATTACHMENT C:

Original Agreement with Granicus, LLC

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
March 10, 2025

ITEM FOR COUNCIL CONSIDERATION
Community Development Block Grant Committee recommendations concerning the 2025-2026 and 2026-2027 Public Services Grant Applications and allocation of program funds.

STAFF RECOMMENDATION
Allocate the CDBG Public Services Grant Funding pursuant to the recommendations of the CDBG Committee to equally share the funds between -Help Housing Camino Scholars and College Club program and the United Boys & Girls .

Sample Motion: I move to allocate the 2025-2026 CDBG Public Services Grant funding equally between the - Camino Scholars and College Club
, as recommended by the
CDBG Committee, and with the option to renew for the 2026-2027 grant period. This motion requires a roll call vote.

BACKGROUND
The County of Santa Barbara receives an annual allocation of federal Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development to fund a wide range of public service activities, including, but not limited to, employment services, child care, crime prevention, education programs, and health services. The program is divided into two grant funding categories, Public Services and Capital Projects. CDBG Public Service grant funds may be used to pay the costs of rent, utilities, staffing, supplies, and materials, while the Capital Project grant funds may be used to pay for construction costs, project management, labor, and materials.

As a lead agency, the County of Santa Barbara heads the Santa Barbara County Urban County Partnership, which, in addition to serving the unincorporated areas of the County, includes the cities of Buellton, Solvang and Carpinteria. The County of Santa Barbara invited applications for funding through the CDBG program under the 2025-2026 CDBG Staff Report
March 10, 2025

Comprehensive Notice of Funding Availability ( NOFA ). The NOFA was distributed to local agencies and service providers through a mailed and emailed notice.

To assist in allocating the Public Service grant funds available to Carpinteria from this program, the City Council established a three-member committee in 2007 comprised of one City Planning Commissioner and two members of the public who reside in the City.

This year, with one vacant public member seat, the committee consists of only two voting members.

The Committee serves as a review body that would meet annually to review the submitted public service applications and makes recommendations to the City Council on grant funding to support the goals
(listed below).

Goal I Decent, Affordable Housing: Provide decent, affordable housing for the Goal II Suitable Living Environment: Improve the living environment / quality of life in low-income neighborhoods.

Goal III Expanded Economic Opportunity: Create economic opportunities for residents and businesses in low-income areas of the community.

Starting this year, the County is transitioning to a two-year funding cycle. At the end of the first year, funded programs would be evaluated by the County and offered the opportunity to renew their funding for the second year.
allocation grew to a high of $26,000 in 2009 and has declined each year since as CDBG funding has been cut annually through the federal budget process. Applications to the City are indicative of need, having consistently exceeded funds available. This year, the City received four applications requesting a total of $47,200, while available CDBG funds for this year from the City of Carpinteria are estimated to be approximately $14,600.

DISCUSSION
The CDBG Committee met on February 27, 2025, to review the four submitted applications. A summary of each request is included below and the application forms are included as attachments to this report.

New Beginnings (NBCC) Safe Parking Shelter and Rapid Rehousing Program The Safe Parking Shelter and Rapid Re-Housing Program provides safe overnight shelter for vehicular homeless persons county-wide. The program also provides case management, street outreach, housing navigation and retention services, and financial assistance to shelter program clients and homeless individuals referred to CDBG Staff Report
March 10, 2025

the agency through the Coordinated Entry System, to help them transition into and Attachment A.

United Boys & Girls Club Carpinteria Unit
The United Boys & Girls Club Carpinteria Unit offers out-of-school enrichment programming to youth experiencing socio economic hardship for only $40 annually (membership includes school year weekday and Saturday programming). Their programs encourage the growth of self-esteem along with the skill-building activities and educational support necessary for success.
is included as Attachment B.
-Help Housing Camino Scholars & College Club
housing development, Camino Scholars
provides 220 annual days of free after-school academic support to 15 K-8 students, while College Club serves 15 high school and college students with college preparation and retention services. The program primarily assists English Language Learners and students from low-income households, with 95% being Latinx. Services include individualized tutoring, academic advising, and culturally-relevant curriculum delivered by bilingual educators.
included as Attachment C.

Abuelos con cariño club (Caring Grandparents
Club)
Abuelos con cariño club (Caring Grandparents Club)
is facilitated by volunteer Promotoras as a resource for Spanish-speaking grandparents (seniors aged 62+) who are primary caregivers or deeply involved in free of charge and offers weekly
meetings with lessons and activities for participants to gain tools and resources to The
oject application is included as Attachment D.

After much deliberation, the Committee recommended awarding funding to the programs by -Help Housing and the United Boys & Girls club in a 2-0 vote. The Committee identified that these programs aligned with the CDBG funding goals, were Carpinteria-based, and served clients locally. They noted it was a difficult decision, as all four of the programs that applied this year were strong candidates and demonstrated important programs that -Help Housing and the United Boys & Girls Club are each requesting $14,000 annually; the Committee recommended allocating 50% of available CDBG funds to each of the two programs.

CDBG Staff Report
March 10, 2025

POLICY CONSISTENCY
This item can be found s Housing Element policies of supporting the funding of programs that meet the goals of the Santa Barbara County HOME Consortium and CDBG Urban County Consolidated Plan.

FINANCIAL CONSIDERATIONS
and services that support affordable housing, suitable living environments and expanded economic opportunities. The amount of money the City receives is determined by HUD through a statutory formula, which is based on objective measures of community need including the extent of poverty, population, housing overcrowding and age of housing.

CDBG funds are intended to be fully allocated annually and, although the City may defer some or all of its allocation, the City cannot stockpile the money indefinitely under the program and failure to timely allocate the funds could put them in jeopardy.

Table 1 lists the requested program funding from the City for each of the applications received this year. The application forms are included as attachments to this report.

Table 1: Requested Annual Program Funding from Carpinteria NBCC Safe Parking $ 7,500
United Boys & Girls Club $ 14,000
-Help Housing $ 14,000
$ 11,700
TOTAL $ 47,200 (annually)
As noted previously, starting this year, the County is transitioning to a two-year funding for grant awardees, the County would evaluate the funded programs to ensure they are in compliance with all program requirements and would then offer them the opportunity to renew funding for one additional year. Upon request, the County can provide the City with the evaluations for each of the funded programs.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Santa Barbara County has been designated as an Urban County by HUD since 2006; therefore, the City can expect to continue to receive its allocation of funds through the CDBG program into the future. Administration and compliance monitoring are managed CDBG Staff Report
March 10, 2025

by the Santa Barbara County Housing and Community Development Division of the Community Services Department.

OPTIONS
A. The Council could choose to award the grants recommended by the Committee with the option to renew the award for a second year.

B. The Council could supplement the award via one of its discretionary funds, i.e., General Fund or Measure X, as has been done on a limited and exceptional basis in past years. Should the City Council elect to consider this option, it would need to direct that a separate matter be scheduled on a subsequent agenda.

C. The Council could also choose to allocate the available grant funds in a manner that differs from the Committee recommendation. Options include, but are not limited to, amending a funding amount or declining to fund one or more of the request(s).

PRINCIPAL PARTIES EXPECTED AT MEETING
Representatives of Applicants.

ATTACHMENTS
A. New Beginnings (Safe Parking) CDBG Public Service Application B. United Boys & Girls Club (Carpinteria Unit) CDBG Public Service Application C. -Help Housing (Camino Scholars & College Club) CDBG Public Service Application
D. (Abuelos con cariño club) CDBG Public Service Application Staff contact: Marysol Smith, Associate Planner
(805) 755-4451, [email protected]
Signature
Reviewed by: Nick Bobroff, Community Development Director (805) 755-4407, [email protected]
Signature
CDBG Staff Report
March 10, 2025

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.

New Beginnings NBCC
(Safe Parking Shelter and Rapid Rehousing Program)
CDBG Public Service Application
CDBG Committee Recommendations
2025-2026 Public Services Grant (Renewal 2026-2027)
March 10, 2025 City Council Meeting

Attachment B.

United Boys & Girls Club (Carpinteria Unit)
CDBG Public Service Application
CDBG Committee Recommendations
2025-2026 Public Services Grant (Renewal 2026-2027)
March 10, 2025 City Council Meeting

Attachment C.

Peoples’ Self Help Housing
(Camino Scholars & College Club)
CDBG Public Service Application
CDBG Committee Recommendations
2025-2026 Public Services Grant (Renewal 2026-2027)
March 10, 2025 City Council Meeting

Attachment D.

Carpinteria Children’s Project
(Abuelos con cariño club / Caring Grandparents Club)
CDBG Public Service Application
CDBG Committee Recommendations
2025-2026 Public Services Grant (Renewal 2026-2027)
March 10, 2025 City Council Meeting

1 City of Carpinteria

COUNCIL AGENDA STAFF REPORT
March 10, 2025

ITEM FOR COUNCIL CONSIDERATION
2024 Housing Element Annual Progress Report: Implementation Status of Housing Element Goals, Policies, and Objectives for Submission to the California Department of Housing and Community Development

STAFF RECOMMENDATION
Receive the 2024 Housing Element Annual Progress Report and direct that it be submitted to HCD.

Sample Motion: I move to accept the 2024 Housing Element Annual Progress Report and direct the Community Development Director to submit the report to HCD.

BACKGROUND
The Housing Element is a required element of the City of Carpinteria General Plan.

Pursuant to California law, each city and county is required to prepare and submit an Annual Report to its legislative body on the status of their respective Housing Element and the ongoing progress on its implementation. The law requires that a copy of the Annual Report be submitted to the California Department of Housing and Community Development (HCD) and the legislative body by April 1 of each year. In compliance with state housing law, the Community Development Department will submit the report to HCD following acceptance by the City Council. The proposed 2024 Housing Element Annual Progress Report is included as Attachment A.

The 2024 report is the second Housing Element Annual Progress Report for the current sixth cycle (2023-2031) planning period for the Regional Housing Needs Assessment (RHNA).
period, by income category, to meet growth projections and address existing housing unit capacity issues as it relates to affordability, overcrowding and/or availability of housing. The City must demonstrate, through its Housing Element, how the C RHNA numbers can be accommodated. This is typically achieved through a combination of identifying currently available capacity under existing zoning and land use regulations, for increased housing capacity to meet anticipated shortfalls. Table II-1, excerpted from for this
planning period (901 units), the number of units assigned to each income category, the number of currently completed, approved or pending projects that may count towards 2024 Housing Element Annual Progress Report
March 10, 2025

2 meeting the RHNA, and existing capacity (or shortfalls) to meet the remaining RHNA allocation.

The 2023-2031 Housing Element identified an anticipated shortfall under existing zoning and land use designations of 275 units for very low- and low-income households, and identified proposed changes to land use and zoning regulations to address that shortfall.

The Housing Element was most recently re-adopted by Resolution No. 6288 by the City Council on January 22, 2024. The re-adopted Housing Element was then submitted to HCD on January 24, 2024. In March 2024, despite acknowledgment Housing Element met all statutory requirements for approval, HCD staff declined to certify , as the City had not completed its required rezones to meet its RHNA shortfall by the statutory deadline of February 15, 2024. In response, City staff worked throughout 2024 to develop four ordinances that implemented the following changes :

Created a new zone district, Residential/Mixed Use (RMU), that allows for multifamily residential and mixed-use commercial/multifamily residential developments with a minimum density of 20 dwelling units/acre (du/ac) and up to a maximum density of 25 du/ac (Ordinance No. 788);
Created Objective Design Standards that would apply to new developments in the RMU zone, as well as other projects required to be processed ministerially per State housing law (Ordinance No. 789); and
Rezoned 19.83 acres of land in the City to RMU to provide adequate sites to accommodate the RHNA shortfall (Ordinance Nos. 790 and 791).

These ordinances were approved and adopted by the City Council on second reading on December 9, 2024,1 and staff submitted all supporting materials to HCD on December 12, 2024 and to the California Coastal Commission (CCC) on December 19, 2024, for their respective certifications.
1 Staff report, copies of the ordinances, and supporting materials are available here:
https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1550 (on consent) 2024 Housing Element Annual Progress Report
March 10, 2025

3 On January 30, 2025, HCD confirmed that the City is now in substantial compliance with Ordinance Nos. 788-
791 will go into effect upon approval by the California Coastal Commission, which has scheduled the Local Coastal Program amendment (LCPA) for a hearing on March 14, 2025.

DISCUSSION
The 2024 Housing Element Annual Progress Report (Attachment A) has been prepared in accordance with the submittal requirements. This staff report provides a summary of housing program implementation
for the 2024 calendar year.

In 2024, 42 building permits were issued for new residential units in the City of Carpinteria.

Eleven of the building permits issued were for Accessory Dwelling Units (ADUs) and five of the building permits were for Junior Accessory Dwelling Units (JADUs). Building permits were also issued for two new single-family residences and a new 24-unit mixeduse development. Eighteen new residential units, all of which were ADUs or JADUs, were completed and received their Certificates of Occupancy in 2024.

Additionally, 23 other residential project applications were received and deemed complete for processing in 2024. These applications included a mix of housing types. One of the applications was for a mixed-use project consisting of commercial space and 159 apartment units. One application was for a lot split that included the conversion of a guest house to a single-family dwelling. Another application involved the demolition and reconstruction of a single-family residence. The remaining 20 applications were for ADUs and JADUs. The proposed projects, if permitted and constructed, would result in 181 new housing units in the City of Carpinteria.

The following tables are excerpted from the attached Housing Element Annual Report (and the separate data-entry form submitted to HCD in electronic format as an exhibit to the Report) and follow the required format established by HCD. Table I summarizes the number of residential units permitted in the City that were completed in 2024. Table II summarizes the number of new residential building permits issued in 2024.

Table I: New Residential Units Completed in 2024
(Issued Certificate of Occupancy)
Project Name Address Units Income Category
Pagano ADU 1286 Casitas Pass Road 1 Above Moderate
Franken ADU 4745 Dorrance Way 1 Very Low
Pini ADU 990 Concha Loma 1 Low
Short ADU 1126 Vallecito Road 1 Above Moderate
2024 Housing Element Annual Progress Report
March 10, 2025

4 Project Name Address Units Income Category
Goytia JADU 1485 Manzanita Street 1 Above Moderate
Lemere ADU 1359 La Mesa Plaza 1 Low
Jacobs JADU 5031 Foothill Road 1 Above Moderate
Karimy ADU 5491 El Carro Lane 1 Extremely Low
Mathers ADU 5453 Willow Place 1 Low
Rizo JADU 4620 Ninth Street 1 Above Moderate
Jacquet ADU 4917 Sawyer Avenue 1 Low
Carter ADU 842 Walnut Avenue 1 Low
Pinkernell ADU 5558 Calle Ocho 1 Above Moderate
Norton ADU 5294 El Carro Lane 1 Above Moderate
Wheatley ADU 1150 Vallecito Road 1 Above Moderate
Andersson JADU 4462 Via Real 1 Above Moderate
Heimberg ADU 4854 Eighth Street 1 Above Moderate
Zeoli ADU 5159 Ogan Road 1 Above Moderate
Total Residential Units Completed in 2024: 18
Table II: New Residential Units Building Permits Issued in 2024 (Units may or may not have been completed in 2024)
Project Name Address Number of
Units Income Category
Franken ADU 4745 Dorrance Way 1 Very Low
Karimy ADU 5491 El Carro Lane 1 Extremely Low
Heimberg ADU 4854 Eighth Street 1 Above Moderate
Andersson JADU 4462 Via Real 1 Above Moderate
Miller ADU 5307 Willow Place 1 Above Moderate
Carter ADU 842 Walnut Avenue 1 Low
Mathers ADU 5453 Willow Place 1 Low
2024 Housing Element Annual Progress Report
March 10, 2025

5 Project Name Address Number of
Units Income Category
Rizo JADU 4620 Ninth Street 1 Above Moderate
Stout JADU 5556 Calle Arena 1 Above Moderate
Wheatley ADU 1150 Vallecito Road 1 Above Moderate
Zeoli ADU 5159 Ogan Road 1 Above Moderate
Friedman ADU 5291 Cambridge Lane 1 Above Moderate
Hardy ADU 5378 Dariesa Street 1 Above Moderate
Velasquez JADU 1319 Delta Avenue 1 Above Moderate
Scerni New SFD 4610 Fourth Street 1 Above Moderate
Rosales ADU 4585 El Carro Lane 1 Very Low
Klentner Mixed Use 4745 Carpinteria Avenue
1 2
21 Very Low
Low
Above Moderate
Tokar JADU 5630 Fiesta Drive 1 Above Moderate
Howard New SFD 4818 Dorrance Way 1 Above Moderate
Total Residential Units Permitted in 2024: 42
The City has approved 53 new housing units in the 2023-2031 planning cycle so far, which means 848 units remain to fully satisfy the RHNA allocation of 901 units. Of the new units approved in the last year, 34 units are in the Above Moderate-income category, four units are in the Low-income category, and four units are in the Very Lowincome category. For RHNA credit, a new unit is counted when the building permit is issued. This information is summarized in Table III below. 2024 Housing Element Annual Progress Report
March 10, 2025

6 Table III: Regional Housing Needs Allocation (RHNA) Progress (Based on Building Permit Issuance Date)
Income
Group
2023-
2031
RHNA
Units
Added
6/30/22-
2/14/23
Units
Added
2023
Units
Added
2024
Units
Added
2025
Units
Added
2026
Units
Added
2027
Units
Added
2028
Units
Added
2029
Units
Added
2030
Units
Added
2031
Total
Units
Approved
Very Low 286 0 0 4
- - - - - - -
4 Low 132 0 0 4
- - - - - - -
4 Moderate 135 0 0 0
- - - - - - -
0 Above
Moderate
348 1 10 34 - - - - - - - 45
TOTAL 901 1 10 42
- - - - - - -
53 The Housing Element Annual Progress Report shows that the City is effectively working towards implementing the goals of the current Housing Element by supporting the development of housing for various economic income groups and working to protect existing
a variety of housing types and maintaining the quality of life in Carpinteria. Some of the 4 included the following:

Implementation of Housing Element Program 1: Adequate Sites to Accommodate Regional Housing Needs (described in Background above); Progress on updates to 2 and Density
Bonus regulations to align City regulations with current State laws; Progress on zoning code amendments to facilitate the production of supportive housing (i.e. residential care facilities, low barrier navigation centers and supportive housing for individuals experiencing homelessness, and single-room occupancy housing);
Continuing to promote the
pre-designed ADU plan sets made available to the public at no cost, as well as launching a program to accept additional ADU plan sets for pre-approval; 3 Establishment of a Renter Relocation Assistance Payment amount equal to two of a no-fault just-cause eviction; 4
2 The ADU Ordinance (Ordinance No. 785) was approved by the City Council on first reading on July 8, 2024. Progress on adoption stalled following a review letter from HCD identifying inconsistencies with State ADU law. Staff revised the ordinance and will move forward with it in Spring 2025. 3 Preapproved ADUs https://carpinteriaca.gov/city-hall/communitydevelopment/planning/accessory-dwelling-unit-program/preapproved-adus/ 4 The staff report and Resolution No. 6290 are available to view here:
https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1386 . Additional information is available here: https://carpinteriaca.gov/city-hall/community-development/housing/ . 2024 Housing Element Annual Progress Report
March 10, 2025

7 Continued participation in the Cities-County Joint Affordable Housing Task Group, a county-wide group of Council and Board members, public sector employees, dedicated home builders, and community members working together to share information and resources to increase home production in all levels of affordability throughout the County;
Loan Assistance
Program, which funded two new loans in 2024;
Operation of the Rental Housing Mediation Program (administered on behalf of the City by the City of Santa Barbara), which received a total of 76 consultations from landlords and tenants in Carpinteria during 2024; and
Continued support through the County of Santa Barbara and the City of Santa Barbara Housing Authorities Section 8 voucher programs, with 196 households in Carpinteria receiving rental assistance vouchers in 2024.

The City also continued to collaborate with a regional working group composed of -Help Housing
Corporation, City Net, and the local community, to connect people experiencing homelessness in Carpinteria to the services needed to, ultimately, be housed. The City also participates in the Santa Maria/Santa Barbara County Continuum of Care, a comprehensive, county-wide group of dedicated service providers, public sector employees, and community members working together to leverage national, state, and local resources to end homelessness in our community. Throughout 2024, the City also partnered with New Beginnings to continue to operate a program, which aims to provide safe overnight shelter and rapid rehousing programs for families and individuals living in their vehicles. In 2024, the program supported a total of 20 individuals, six of whom successfully transitioned into housing.

While the City ultimately has limited control over housing production, 2024 resulted in significant progress with the rezones completed, the Housing Element now certified, ADUs continuing to be popular, additional housing-related legislation underway, continued applications for in-fill housing projects, and approval of a mixed-use multi-family development utilizing State density bonus provisions. All of these efforts are made in support of implementing the housing policies and programs capable of encouraging production of safe and adequate housing for all Carpinterians.

POLICY CONSISTENCY
The attached Housing Element Annual Progress Report includes a detailed discussion of implementation of various housing programs throughout calendar year 2024.

FINANCIAL CONSIDERATIONS
There is no financial impact to the City as a result of submitting this report. 2024 Housing Element Annual Progress Report
March 10, 2025

8 LEGAL
Upon submittal of this document to HCD, the City will have complied with California planning law pursuant to section 65400(a)(2) of the Government Code.

OPTIONS

1. Receive the 2024 Housing Element Annual Progress Report and direct staff to submit the report to HCD. (Staff recommendation)

2. Recommend changes be incorporated into the Annual Progress Report and authorize the Community Development Director to submit the revised Report to HCD.

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
Attachment A 2024 Housing Element Annual Progress Report (March 2025) Staff contact: Syndi Souter, Senior Planner
(805) 755-4405, [email protected]
Signature
Staff contact: Megan Musolf, Assistant Planner
(805) 755-4438, [email protected]
Signature
Reviewed by: Nick Bobroff, Community Development Director (805) 755-4407, [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
2024 Housing Element Annual Progress Report
March 2025
City Council Hearing, March 10, 2025
City of Carpinteria
2024
Housing Element Annual
Progress Report
March 2025

2024 Housing Element Annual Progress Report

Introduction
Pursuant to Government Code Section 65400, Community Development Department staff prepares an annual report to the City Council on the status of the General Plan and its Elements, and the progress being made in implementation of the respective goals and programs. The Housing Element Annual Progress Report (Report) provides an opportunity to review activities and projects of the prior year in the areas of the community housing needs, and describes
how safe, affordable housing can be provided and maintained for City residents.

Included in this Report are statistics demonstrating progress in meeting Regional Housing Needs Assessment (RHNA) allocation.

The 2023-2031 Housing Element was finalized and re-adopted by Resolution No. 6288 by the City Council on January 22, 2024. The re-adopted Housing Element was submitted to the California Department of Housing and Community Development (HCD) for final certification on January 24, 2024. In a March 2024 letter, HCD acknowledged -adopted Housing Element met all statutory requirements for approval, but they could not certify it at that time since the City had not completed its required rezones (Housing Element Program 1) by the statutory deadline of February 15, 2024.

Throughout the rest of 2024, staff worked to implement Program 1, which required rezoning a minimum of 14.6 acres to allow for densities of 20-25 units/acre. The resulting Ordinances are described below under Program Category 1. Upon City Council adoption of the Ordinances in December 2024, staff submitted them to HCD in order to achieve certification of the Housing Element, which was ultimately granted by HCD on January 30, 2025.
2024 Housing Highlights
During 2024, the City received and deemed completed for processing 23 formal applications for a total of 181 new residential units in Carpinteria. These applications included a mix of housing types. One of the applications was for a mixed-use project consisting of commercial space and 159 apartment units. One application was for a lot split that included the conversion of a guest house to a single-family dwelling. Another application involved the demolition and reconstruction of a single-family residence. The remaining 20 applications were for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The proposed projects, if permitted and constructed, would result in 181 new housing units in the City of Carpinteria.

Since the ADU and JADU Ordinance went into effect in 2023, ADUs and JADUs remain the primary source of new housing in the City. In 2024, 15 ADU Coastal Development Permit applications were received, 16 ADUs were approved (including four that were submitted in 2023), and 11 building permits for ADUs were issued. Fourteen ADUs were constructed and received their Certificates of Occupancy in 2024. Additionally, for JADUs, three building permit applications were received, five building permits (including two that were submitted in 2023) were issued, and four Certificates of Occupancy were issued in 2024.
2024 Housing Element Annual Progress Report

A mixed-use project consisting of commercial space and 24 apartment units (21 market rate, 2 Low-income, and 1 Very-Low income) received its entitlements and building permits in 2024. One new single-family residence received entitlements, and two other new singlefamily residences received building permits in 2024. In summary, entitlements were approved for 48 new residential units, building permits were issued for 42 new residential units, and 18 new residential units were completed and received their Certificates of Occupancy in the City of Carpinteria during 2024.

City staff also met with prospective buyers or developers for some of the larger vacant or under-utilized properties in the City and received several Senate Bill 330 preliminary applications for possible future multi-family housing projects, which if followed up with formal application submittals in 2025, could offer up to several hundred additional residential units in the years ahead.

The City continues to provide various forms of assistance to increase housing opportunities in Carpinteria, in accordance with the various Programs of the 2023-2031 Housing Element.
regulations to align with current State law (Programs 2 and 7, respectively); City staff also began drafting various zoning code updates to address Program 11, supportive housing (including low-barrier navigation centers, single-room occupancy housing, and residential care facilities).

In 2024, staff continued to implement the Workforce Housing Down Payment Loan Program. The program was first funded by a 2011 Development Agreement that allowed the conversion of five above-moderate affordable residential units at Lavender Court in Like an
in-lieu fee, the funds have since been used to provide down payment loans for families purchasing homes in the City of Carpinteria. During 2024, two new loans were funded through this Program, utilizing the remaining balance of the Affordable Housing Trust Fund. Upon repayment of existing loans, staff will continue to work with the Housing Trust Fund of Santa Barbara County to find interested buyers looking to use the deferred repayment loans to buy homes in Carpinteria.

The City also continues to for Good
program with the regional Creative Housing Solutions Subcommittee, a working group -Help
Housing Corporation, Home for Good, United Way, and City staff, along with the local community, to identify and pursue innovative housing opportunities. In partnership with New Beginnings, the City operated pilot program to provide safe overnight shelter and rapid rehousing programs for families and individuals living in their vehicles. The program accommodated six vehicles at a time in 2024, and as of the end of 2024, discussions were underway between City and New Beginnings staff to both extend the program beyond the end of the pilot term and to expand the program capacity from six to 12 vehicles.
-
series of proposed Municipal Code amendments intended to protect existing rental housing stock, encourage production of additional rental housing, and protect rental 2024 Housing Element Annual Progress Report

housing affordability. In September 2023, the City Council adopted an urgency (Ordinance No. 770). Subsequently, in February 2024, the City adopted a Renter Relocation Assistance Payment amount in event of a no-fault just-cause eviction, equal to two month's rent or $6,500, whichever is greater (Resolution No. 6290).

The goal of this relocation assistance
homelessness after a no-fault eviction, considering the costs of moving and the potential increased rental rate for a new unit.

Housing Element Review
The Housing Element describes the goals and objectives for addressing the during the 2023-2031 planning period, organized into 18 programs with five program categories. Section 2 of the Housing Element is organized by the five primary program categories which are to be implemented. The remainder of this report explains the housing programs and goals, and the progress the City made to implement them throughout 2024.

Program Category 1: Make sites available to accommodate the RHNA.

Housing Needs Summary
The Santa Barbara County Association of Governments (SBCAG) allocated a housing need to the City of 901 housing units for the 2023-2031 Regional Housing Needs Allocation period. The 2023-2031 Housing Element Table II-1 below share of the regional housing need across five income categories.

Program Category 1: Make sites available to accommodate the RHNA.

Goals
Maintain an adequate supply of appropriately zoned land and take all necessary actions to support the production of at least 901 housing units in the City to accommodate the RHNA allocation for the 2023-2031 period. 2024 Housing Element Annual Progress Report

Maintain a jobs-housing balance or ratio within the 0.75 to 1.25 range suggested by the Santa Barbara County Association of Governments.

Policies
Adequate Sites: Provide and maintain sufficient sites in the General Plan and Zoning Code and associated Land Use and Zoning Maps to accommodate the housing needs allocated to the City in the Regional Housing Needs Allocation (RHNA) Plan.

Housing Types: In the General Plan and implementing ordinances, provide for a -family
detached and multi-family housing.

Accessory Dwelling Units: Promote the development of ADUs consistent with State law and City regulations.

Public Services and Facilities: Ensure that public services and facilities have the capacity to support the need for the new residential development allocated to the City by the RHNA Plan.

Result
spent on the Housing Element in 2024 was focused on completing the implementation of Program 1 - Adequate Sites to Accommodate Regional Housing Needs. Throughout 2024, staff worked to develop four ordinances that, collectively, would implement Program 1 and allow the City to obtain HCD certification. The ordinances result in the following changes :

Create a new zone district, Residential/Mixed Use (RMU) that allows for residential-only or mixed-use commercial/residential multifamily developments with a minimum density of 20 dwelling units/acre (du/ac) and up to a maximum density of 25 du/ac (Ordinance No. 788);
Create Objective Design Standards that would apply to new developments in the RMU zone, as well as other projects required to be processed ministerially per State housing law (Ordinance No. 789); and
Rezone 19.83 acres of land in the City to RMU to provide adequate sites to accommodate the RHNA allocation (Ordinance Nos. 790 and 791).

These ordinances were approved and adopted by the City Council on second reading on December 9, 2024,1 and staff submitted all supporting materials to HCD on December 12, 2024 and to the California Coastal Commission (CCC) on December 19, 2024.

On January 30, 2025, HCD notified the City that following the adoption of Ordinance Nos. 788-791, the City is now in substantial compliance with State housing element law and has https://carpinteriaca.gov/cityhall/community-development/planning/housing-element-update/. 1 Staff report, copies of the ordinances, and supporting materials from December 9, 2024 are available here:
https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1550 (on consent) 2024 Housing Element Annual Progress Report

The ordinances will go into effect upon certification by the CCC, which has tentatively scheduled the Local Coastal Program amendment (LCPA) for a hearing in March of 2025.

Candidate sites that were not selected for rezoning as part of Ordinance Nos. 790 and 791 Land Use Plan Update, beginning in 2025. The City Council directed City staff to agendize two candidate sites (Sites 5 and 21) not selected for rezoning for further consideration in early 2025.

Accessory Dwelling Units (ADUs) and JADUs remain the primary source of new housing construction in the City since Ordinance No. 758 went into effect in 2023. In 2024, 15 ADU Coastal Development Permit applications were received, 16 ADUs were approved (including four that were submitted in 2023), and 11 building permits for ADUs were issued. Fourteen ADUs completed construction and received their Certificates of Occupancy in 2024. Additionally, for JADUs, three building permit applications were received, five building permits (including two that were submitted in 2023) were issued, and four Certificates of Occupancy were issued in 2024.

In 2023, the City made available to the public, at no cost, two pre-designed ADU prototype plan sets to help reduce the costs involved in designing and permitting an ADU. To construct an ADU using the prototype plans, an applicant still must obtain a CDP and building permit, but the process is considerably streamlined. To date, three homeowners have utilized these prototype ADU plan sets. Pursuant to AB 1332 (2023), in late 2024, Carpinteria began allowing members of the public to submit additional ADU plan sets for pre-approval.2
The City's proposed Ordinance No. 785, updating the City's ADU regulations to align with the most recent amendments to State ADU law, was approved on first reading by City Council in July 2024, and submitted to the CCC as a LCPA in August 2024. Processing of the LCPA has been delayed while City staff work with HCD and CCC staff to resolve identified inconsistencies and/or policy conflicts between ADU law and Coastal Act policies. Staff have revised the ordinance in an effort to resolve these conflicts and plans to Planning Commission with an updated proposed ordinance in Q2, 2025.

In 2024, 18 new residential units received their Certificates of Occupancy, as summarized in Table I below. Forty-two building permits were issued in 2024 for new residential units.

These building permits are summarized in Table II below. These tables do not include the previously discussed 181 new residential units that were deemed complete and accepted for processing in 2024.

2 https://carpinteriaca.gov/cityhall/community-development/planning/accessory-dwelling-unit-program/preapproved-adus/ 2024 Housing Element Annual Progress Report

Table I: New Residential Units Completed in 2024
(Issued Certificate of Occupancy)
Project Name Address Units Income Category
Pagano ADU 1286 Casitas Pass Road 1 Above Moderate
Franken ADU 4745 Dorrance Way 1 Very Low
Pini ADU 990 Concha Loma 1 Low
Short ADU 1126 Vallecito Road 1 Above Moderate
Goytia JADU 1485 Manzanita Street 1 Above Moderate
Lemere ADU 1359 La Mesa Plaza 1 Low
Jacobs JADU 5031 Foothill Road 1 Above Moderate
Karimy ADU 5491 El Carro Lane 1 Extremely Low
Mathers ADU 5453 Willow Place 1 Low
Rizo JADU 4620 Ninth Street 1 Above Moderate
Jacquet ADU 4917 Sawyer Avenue 1 Low
Carter ADU 842 Walnut Avenue 1 Low
Pinkernell ADU 5558 Calle Ocho 1 Above Moderate
Norton ADU 5294 El Carro Lane 1 Above Moderate
Wheatley ADU 1150 Vallecito Road 1 Above Moderate
Andersson JADU 4462 Via Real 1 Above Moderate
Heimberg ADU 4854 Eighth Street 1 Above Moderate
Zeoli ADU 5159 Ogan Road 1 Above Moderate
Total Residential Units Completed in 2024: 18
Table II: New Residential Units Building Permits Issued in 2024 (Units may or may not have been completed in 2024)
Project Name Address Number of
Units Income Category
Franken ADU 4745 Dorrance Way 1 Very Low
2024 Housing Element Annual Progress Report

Project Name Address Number of
Units Income Category
Karimy ADU 5491 El Carro Lane 1 Extremely Low
Heimberg ADU 4854 Eighth Street 1 Above Moderate
Andersson JADU 4462 Via Real 1 Above Moderate
Miller ADU 5307 Willow Place 1 Above Moderate
Carter ADU 842 Walnut Avenue 1 Low
Mathers ADU 5453 Willow Place 1 Low
Rizo JADU 4620 Ninth Street 1 Above Moderate
Stout JADU 5556 Calle Arena 1 Above Moderate
Wheatley ADU 1150 Vallecito Road 1 Above Moderate
Zeoli ADU 5159 Ogan Road 1 Above Moderate
Friedman ADU 5291 Cambridge Lane 1 Above Moderate
Hardy ADU 5378 Dariesa Street 1 Above Moderate
Velasquez JADU 1319 Delta Avenue 1 Above Moderate
Scerni New SFD 4610 Fourth Street 1 Above Moderate
Rosales ADU 4585 El Carro Lane 1 Very Low
Klentner Mixed Use 4745 Carpinteria Avenue
1 2
21 Very Low
Low
Above Moderate
Tokar JADU 5630 Fiesta Drive 1 Above Moderate
Howard New SFD 4818 Dorrance Way 1 Above Moderate
Total Residential Units Permitted in 2024: 42
23-2031 cycle is summarized in Table III,
below. For RHNA purposes, units are counted when the building permits are issued.

Although the City has granted building permits for 53 units in this RHNA cycle, all but eight of those units fall within the above-moderate income category. Of the new units approved in 2024, 34 units are in the Above Moderate-income category, four units are in the Lowincome category, and four units are in the Very Low-income category. In order to fully meet its RHNA allocation, the City would need to permit an additional 553 new units in the Very Low-, Low-, and Moderate-income allocation categories during this planning cycle. For comparison of units approved (via building permits) versus actual units constructed, see Table IV below which summarizes the number of Certificates of Occupancy issued for each year of the current RHNA cycle.
2024 Housing Element Annual Progress Report

Table III: Regional Housing Needs Allocation (RHNA) Progress (Based on Building Permit Issuance Date)
Income
Group
2023-
2031
RHNA
Units
Added
6/30/22-
2/14/23
Units
Added
2023
Units
Added
2024
Units
Added
2025
Units
Added
2026
Units
Added
2027
Units
Added
2028
Units
Added
2029
Units
Added
2030
Units
Added
2031
Total
Units
Approved
Very Low 286 0 0 4
- - - - - - -
4 Low 132 0 0 4
- - - - - - -
4 Moderate 135 0 0 0
- - - - - - -
0 Above
Moderate
348 1 10 34 - - - - - - - 45
TOTAL 901 1 10 42
- - - - - - -
53 Table IV: Constructed Units
(Based on Certificate of Occupancy Issuance Date)
Year Units Completed
(Certificate of Occupancy)
2023 1
2024 18
2025 -
2026 -
2027 -
2028 -
2029 -
2030 -
2031 -
TOTAL 19
Program Category 2: Assist in the development of adequate housing to meet the needs of extremely-low, very-low-, low-, and moderateincome households.

Goals
Attain a housing supply that meets a variety of housing needs.

Attain a housing supply that meets the needs of extremely-low-, very-low-, low- and moderate-income households.

Attain a housing supply that meets the needs of special population groups. 2024 Housing Element Annual Progress Report

Policies
Infill Development: Promote infill housing development through land use policies and by deferring or reducing development impact fees where the City wants to encourage affordable infill development.

Suitable Housing Unit Sizes: Provide for a range in the number of bedrooms in assisted housing developments so as to help meet the needs of various household types and special needs populations.

Downtown Mixed Use: Encourage studio and one-bedroom units above commercial uses in the downtown district to reduce parking needs and facilitate affordability.

Rental Assistance: Continue participation in the County of Santa Barbara Housing assistance needs. Allocate HOME funds and in-lieu fees to state and federally assisted housing that provides rent restricted units in existing and/or new residential developments.

Acquisition and Rehabilitation of Rental Housing: Work with non-profit sponsors to acquire and rehabilitate rental housing units in order to maintain long-term affordability of the units. This will include, but not be limited, to: (a) technical support needed to obtain funding commitments from county, state and/or federal programs; (b) assistance in permit processing; (c) possible deferral, reduction or waiver of City fees; and (d) contribution of City housing funds, if available.

Critical Workforce Housing: -
occupations. New housing developed through the Inclusionary Housing Ordinance, current and future Development Agreements, and other appropriate Housing Element programs should set aside a percentage of the units for households employed in critical workforce occupations. Examples of critical workforce occupations are law enforcement, firefighters, nurses, teachers, and local government.

Farm Employee and Supportive Housing: Allocate in-lieu fees for predevelopment activities, including state and/or federal funding applications, to support the sponsors of farm employee housing and supportive housing for special needs populations.

Shelter for the Homeless: Support countywide programs to provide for a continuum of care for the homeless including emergency shelters, transitional housing, supportive housing and permanent housing. Allocate Community Development Block Grant (CDBG) funds to agencies assisting homeless persons and families to meet shelter and nonshelter needs.

Result
The City continues to prioritize efforts to protect existing rental housing stock and facilitate production of new rental housing stock, with an emphasis on affordable and workforce housing opportunities.

As part of Program Category 2 efforts, the City has continued to support and help connect qualifying households with rental assistance through the Section 8 voucher program. In 2024, 196 households in Carpinteria received rental assistance via Section 8 vouchers.

This is an increase from the 163 households that received rental assistance through Section 8 vouchers in 2023. The reason(s) for the increase, however, are unknown at this time.
2024 Housing Element Annual Progress Report

The Ordinances approved as part of Program 1 (noted above) included policies regarding infill development, suitable housing unit sizes, and encouraging downtown mixed-use developments. The majority of the sites rezoned to accommodate the RHNA are located -use or residential only
development. Ordinance No. 788, establishing the Residential/Mixed Use zone district specifies that for developments fronting Linden or Carpinteria Avenues within the , 50% of residential units must be 1-bedroom or studio units, providing needed workforce housing.
recent changes to State law. Staff brought a proposed density bonus ordinance to the Planning Commission in June 2024, where the Commission recommended it for City Council approval. Staff also worked with Coastal Commission staff to ensure the proposed ordinance amendments appropriately harmonize the application of density bonus law with Coastal Act policies. Ultimately, work on the draft ordinance was paused as staff tracked potential changes to State density bonus law in the 2024 State legislative session (which did not ultimately pass). Staff has resumed work on the ordinance in 2025.

To assist the local homeless population, the City participates in the Santa Barbara Continuum of Care, a collection of service providers, public sector employees, and community members working together to address homelessness. Each week, the City helps host a free lunch program, where service providers help people in need connect with a wide range of services. Typically, organizations like Good Samaritan, New Beginnings, Behavioral Wellness, and AmeriCorps attend weekly.

In 2024, in partnership with New Beginnings, the City operated its first Safe Parking Pilot Program, which provides safe overnight shelter and rapid rehousing programs for families and individuals living in their vehicles. The pilot program accommodated 6 vehicles at a time, with spots opening up as residents found permanent housing. As of November 2024, the program had served a total of 14 vehicles occupied by 20 individuals. Six of those individuals successfully transitioned into housing. In December 2024, City staff, in coordination with New Beginnings staff, initiated discussions about the extension of the discussed the possible expansion of the program from six vehicles to 12.

Program Category 3: Address and, where appropriate and legally possible, remove governmental constraints to the maintenance,
improvement, and development of housing.

Goals
Address, and to the extent legally possible, mitigate and/or remove governmental constraints to the maintenance, preservation, improvement and development of housing.

Implement land use regulations that facilitate meeting affordable housing needs. 2024 Housing Element Annual Progress Report

Policies
Expedite Affordable Housing Development Review: Affordable housing developments shall receive the highest priority and efforts by staff, the Planning Commission, and City Council to: (a) provide technical assistance to affordable housing developers, including community involvement; (b) take into account project funding and timing needs in the processing and review of the applications; and (c) provide the fastest turnaround possible in determining application completeness.

Fee Mitigation: Permit on a case-by-case basis fee reductions and waivers to help ownerbuilder projects, projects with minimum public service impacts, retrofitting projects, and affordable housing developments.

Result
The City has implemented a 50% Development Impact Fee (DIF) reduction for 100% affordable housing developments to assist in removing governmental constraints to the development of affordable housing. Additionally, no DIFs are charged for ADUs that are less than 750 square feet, and DIFs are reduced by approximately 66% for ADUs that are 750 square feet or larger.
sets, as described in Program Category 1 above. Overlapping with goals from Program Category 1, the City continued to promote its ADU prototype plans program, consisting of two pre-designed ADU plan sets made available to the public for free. Use of the predesigned plans allows for substantially reduced design and plan check/permit costs, and streamlined plan review. Two ADUs utilizing prototype plans received Certificates of Occupancy in 2024, and another application utilizing the prototype plans was issued a building permit in 2024.

Pursuant to the requirements of Program 1, projects in the new Residential/Mixed Use zone district that provide a minimum of 20% lower-income units will receive ministerial review.3 The inclusion of Objective Design Standards as part of Program 1 implementation will further help streamline the design and review process for applicable housing projects.4 Throughout 2024, staff worked with stakeholders, including interested property owners and developers, to discuss streamlined development review processes and incentives available to housing projects providing affordable units.

Program Category 4: Conserve and improve the condition of the existing stock of affordable housing.

Goals
Conserve existing housing important to the community such as rental apartments, mobile home parks, and other affordable housing units.

Maintain the affordability of existing and future affordable housing developments. 3 Ordinance No. 788, Section 14.19.040(A)(1) and (2).
4 Ordinance No. 789, Section 14.51.020.
2024 Housing Element Annual Progress Report

Attain a housing supply free from substandard and deteriorated housing conditions.

Policies
Section 8 Housing: Maintain the numbers of extremely-low-, very-low- and lowincome households that are assisted by the Section 8 rental assistance program.

Apartment Conservation: Conserve apartment rental housing through Carpinteria Municipal Code Chapter 14.74 which prohibits the conversion to condominium ownership unless the apartment rental vacancy rate is more than 5%.

Apartment Conservation: Conserve apartment rental housing by prohibiting the conversion to tenancy in common ownership through Ordinance No. 742.

Mobile Homes, Mobile Home Parks, and Manufactured Housing: Conserve mobile homes, mobile home parks, and manufactured housing as an essential Ordinance.

Mobile Home Rents: Continue the Mobile Home Park Rental Stabilization and Mobile Home Park Rent Stabilization Disclosure ordinances.

Long-Term Housing Affordability: Enforce resale controls and income restrictions to ensure that affordable housing provided through the Inclusionary Housing Program remains affordable over time to the income group for which it is intended.

Maintenance and Repair: Promote the maintenance and repair of owneroccupied and rental housing to prevent deterioration within the City.

Housing Rehabilitation: Facilitate the rehabilitation of substandard and deteriorated housing where feasible.

Housing Replacement: Where possible, promote the removal and replacement of those substandard units that cannot be rehabilitated.

CDBG Rehabilitation: Facilitate the allocation of CDBG funds to multi-family rehabilitation programs, and retrofitting of existing housing.

Acquisition and Rehabilitation of Rental Housing: Work with non-profit sponsors to acquire and rehabilitate rental housing units in order to maintain long-term affordability of the units. This will include, but not be limited to: (a) technical support needed to obtain funding commitments from County, State and/or Federal programs; (b) assistance in permit processing; (c) possible deferral, reduction or waiver of City fees; and (d) contribution of City housing funds, if available.

Result
Seven mobile home parks provide affordable-by-design housing in the City with a total of 860 mobile home park spaces. abilization regulations aim to protect the value of mobile homes for tenants of rental parks, and control space rents to 2024 Housing Element Annual Progress Report

protect affordability. The City also allows manufactured homes to be constructed in all residential zones which may reduce construction costs.

The City conducts annual compliance monitoring of all affordable deed-restricted inclusionary units to ensure said units remain occupied in a manner that is consistent with the terms of their respective affordability covenants. The monitoring program, for which the City contracts with the City of Santa Barbara to complete, found that all inclusionary units were in compliance for the last reporting period of November 2023 to October 2024.

The City continues to protect against the conversion of existing rental housing stock to condominiums or other types of owner-occupied housing through ongoing enforcement of Ordinance No. 742, which restricts ownership conversion affecting apartments conversions may not occur unless the rental vacancy rate within the City exceeds five percent.
-
series of proposed Municipal Code amendments intended to protect existing rental housing stock and protect rental housing affordability. Following the adoption of Urgency 2024, the City Council approved a Renter Relocation Assistance payment set at two 5 The payment aims to
protect tenants experiencing a no-fault just-cause eviction from falling into homelessness, considering the costs of locating to a new unit, moving, new security deposit, and potentially increased rent. -
continue in the coming years.

Program Category 5: Affirmatively Furthering Fair Housing.

Goals
of similar income levels regardless of race, color, religion, sex, national origin, disability, and familial status to have available to them the same housing choices.

Promote inclusive communities, further housing choice, and address racial and economic disparities through government programs, policies, and operations.

Policies
Promote Fair Housing: Promote fair
Program.

Information and Referral: Promote fair housing through the provision of information and referral services to residents who need help on fair housing issues. This includes referring local residents who want to file a housing 5 Documents and information related to the Renter Relocation Assistance can be found here:
https://carpinteriaca.gov/city-hall/community-development/housing/ 2024 Housing Element Annual Progress Report

discrimination complaint to the appropriate local, county, state or federal agency, depending on the nature of the complaint.

Fair Housing Information: Implement activities to broaden resident knowledge of fair housing law.

Affirmatively further fair housing in compliance with state law.

Result
The City continues to contract with the City of Santa Barbara Rental Housing Mediation Program (RHMP). The RHMP provides dispute resolution resulting from landlord, tenant, and roommate issues which arise in rental housing situations. The primary goal of the program is to provide an alternative to the formal judicial system and provide legal advice and mediation when disputes arise. The program provides free legal assistance for residents living at or below the poverty line, while also providing general social service guidance for those with disabilities, seniors, and victims of domestic violence. The program shows success in preventing litigation through mediation and conflict resolution. In 2024, the RHMP provided service to 76 Carpinteria tenants and landlords regarding issues related to rental housing and to educate local residents about the services provided by RHMP and other typical concerns related to rental housing. Throughout 2024, the City was able to refer both tenants and landlords to the RHMP for questions and disputes regarding and Renter Relocation
Assistance payments (see Program Category 4 discussion, above).

The City continues to look for opportunities to further expand home production in all levels of affordability. The City remains an active partner in the Cities-County Joint Affordable Housing Task Group, a county-wide group of elected officials, agency staff, affordable housing developers, and community members working together to share information and resources related to affordable housing production countywide.

Conclusion
The Housing Element Annual Progress Report illustrates activities undertaken by the City of Carpinteria in 2024 that seek to improve the quality and quantity of market rate and affordable housing in Carpinteria. Given the efficacy
affordable housing strategies from the 2015-2023 Housing Element were continued into the 2023-2031 Housing Element with modifications made as necessary to meet new State laws and the This is the second annual progress report for the 2023-2031 Housing Element period and the sixth RHNA cycle.

Exhibit 1 Housing Element Annual Progress Report Form 2024 Exhibit 1
Housing Element Annual Progress Report Form 2024
City Council Hearing, March 10, 2025
Jurisidiction Name Reporting Calendar Year First Name Last Name Title Click here to download APR Instructions Email Phone Street Address City Zipcode v_01_23_25 Please Start Here General Information 2024 Carpinteria Contact Information Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d. Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d. 5775 Carpinteria Avenue Carpinteria 93013 Syndi Souter Senior Planner [email protected] 8057554405 Mailing Address Annual Progress Report January 2020 Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing.

Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is Optional: This macro identifies dates entered that occurred outside of the reporting year.

RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://hcd.my.site.com/hcdconnect Toggles formatting that turns cells green/yellow/red based on data validation rules.

Submittal Instructions
Please save your file as Jurisdictionname2024 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2024 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

Jurisdiction Carpinteria
Reporting Year 2024
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 1
Non-Deed
Restricted 3
Deed
Restricted 2
Non-Deed
Restricted 2
Deed
Restricted 0
Non-Deed
Restricted 0
34 42
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 3 2 0
2 to 4 units per structure 0 0 0
5+ units per structure 24 24 0
Accessory Dwelling Unit 21 16 18
Mobile/Manufactured Home 0 0 0
Total 48 42 18
Infill Housing Developments and Infill Units Permitted # of Projects Units 19 42
0 0
23 181
22 0
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
02/15/2023 - 02/15/2031
Very Low
Low
Moderate
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 20 20
Discretionary 3 161
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 1
Number of Units in Projects Permitted with a Density Bonus 24 Housing Element Programs Implemented and Sites Rezoned Count 18 8
Number of SB 423 Streamlining Applications
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 423 Streamlining Permits
Number of SB 423 Streamlining Applications Approved
Jurisdiction Carpinteria ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 02/15/2023 - 02/15/2031 Date Application Submitted Total Approved Units by Project Total Disapproved Units by Project Streamlining 2 3 4 6 7 8 9 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVE D Units by Project Please select state streamlining provision/s the application was submitted pursuant to. Did the housing development application seek incentives or concessions pursuant to Government Code section 65915? Summary Row: Start Data Entry Below 0 2 0 4 0 0 175 181 22 0 001-190-097 6380 Via Real Lagunitas Mixed- Use 23-2243- DP/CUP/TPM/C DP 5+ R 2/8/2024 159 159 NONE No 003-161-021 5159 Ogan Road Zeoli ADU 23-2268- CDP/ADU ADU R 1/5/2024 1 1 1 0 NONE No 003-436-003 4745 Dorrance Way Franken ADU 23-2270- CDP/ADU ADU R 1/24/2024 1 1 1 0 NONE No 003-312-025 4954 Fifth Street Hernandez ADU 24-2273- CDP/ADU ADU R 3/21/2024 1 1 1 0 NONE No 004-009-009 4585 El Carro Lane Rosales ADU 24-2275- CDP/ADU ADU R 4/26/2024 1 1 1 0 NONE No 001-292-004 5378 Dariesa Street Hardy ADU 24-2277- CDP/ADU ADU R 3/7/2024 1 1 1 0 NONE No 003-212-029 4253 Carpinteria Avenue Saticoy ADU #1 24-2278- CDP/ADU ADU R 3/6/2024 1 1 1 0 NONE No 003-600-036 4715 Aragon Drive Rolph ADU 24-2282- CDP/ADU ADU R 4/26/2024 1 1 1 0 NONE No 004-007-055 5291 Cambridge Lane Friedman ADU 24-2284- CDP/ADU ADU O 3/28/2024 1 1 1 0 NONE No Table A Cells in grey contain auto-calculation formulas 1 5 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica10 Housing Development Applications Submitted Jurisdiction Carpinteria ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 02/15/2023 - 02/15/2031 Table A2 Streamlining Infill Housing without Financial Assistance or Deed Restrictions Term of Affordability or Deed Restriction Notes 2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Date Issued # of Units Issued Building Permits Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness How many of the units were Extremely Low Income? Please select the state streamlining provision the project was APPROVED pursuant to. (may select multiple) Infill Units? Y/N+ Assistance Programs for Each Development (may select multiple - see instructions) Deed Restriction Type (may select multiple - see instructions) For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable (see instructions) Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter 1000)+ Number of Demolished/Destroy ed Units Demolished or Destroyed Units Demolished/ Destroyed Units Owner or Renter Total Density Bonus Applied to the Project (Percentage Increase in Total Allowable Units or Total Maximum Allowable Residential Gross Floor Area) Number of Other Incentives, Concessions, Waivers, or Other Modifications Given to the Project (Excluding Parking Waivers or Parking Reductions) List the incentives, concessions, waivers, and modifications (Excluding Parking Waivers or Parking Modifications) Did the project receive a reduction or waiver of parking standards? (Y/N) Notes+ Summary Row: Start Data Entry Below 1 2 2 4 0 0 39 48 1 3 2 2 0 0 34 42 0 1 0 6 0 0 11 18 1 1 003-440-013 4818 Dorrance Way Howard New Residence 22-2162- DP/CDP/ARB SFD O 0 1 12/19/2024 1 0 NONE Y 001-251-001 1286 Casitas Pass Road Pagano ADU 23-2213-CDP/ADU ADU R 0 0 1 2/6/2024 1 NONE Y 003-351-005 5556 Calle Ocho Pinkernell ADU 23-2214-CDP/ADU ADU O 0 0 1 10/31/2024 1 NONE Y 003-292-023 990 Concha Loma Drive Pini ADU 23-2219-CDP/ADU ADU R 0 0 1 2/29/2024 1 NONE Y $1650-$1850/month rent per applicant 003-254-011 4854 Eighth Street Heimberg ADU 23-2220-CDP/ADU ADU R 0 1 3/13/2024 1 1 11/27/2024 1 NONE Y 004-012-021 5294 El Carro Lane Norton ADU 23-2226-CDP/ADU ADU R 0 0 1 11/18/2024 1 NONE Y 003-193-011 1126 Vallecito Road Short ADU 23-2227-CDP/ADU ADU R 0 0 1 4/18/2024 1 NONE Y 003-325-016 5307 Willow Place Miller ADU 23-2229-CDP/ADU ADU R 0 1 4/10/2024 1 0 NONE Y 004-047-026 842 Walnut Avenue Carter ADU 23-2242-CDP/ADU ADU R 0 1 5/2/2024 1 1 10/16/2024 1 NONE Y $2000/month rent per applicant 001-400-031 1359 La Mesa Plaza Lemere ADU 23-2245-CDP/ADU ADU R 0 0 1 6/13/2024 1 NONE Y $2000/month rent per applicant 003-193-015 1150 Vallecito Road Wheatley ADU 23-2250-CDP/ADU ADU O 0 1 5/29/2024 1 1 11/21/2024 1 NONE Y 003-153-003 4917 Sawyer Avenue Jacquet ADU 23-2255-CDP/ADU ADU R 0 0 1 9/12/2024 1 NONE Y $1995/month rent per applicant 003-331-002 5353 Eighth Street Mathers ADU 23-2256-CDP/ADU ADU R 0 1 5/2/2024 1 1 7/25/2024 1 NONE Y $2000/month rent per applicant 001-271-023 5491 El Carro Lane Karimy ADU 23-2260-CDP/ADU ADU R 0 1 2/29/2024 1 1 7/23/2024 1 1 NONE Y $350/month rent per applicant 004-006-080 5031 Foothill Road Jacobs JADU BP#14002 ADU R 0 0 1 7/23/2024 1 NONE Y 004-010-008 1485 Manzanita Street Goytia JADU BP#14102 ADU R 0 0 1 5/24/2024 1 NONE Y 003-431-005 4610 Fourth Street Scerni New Residence 22-2184- DP/CDP/ARB SFD O 0 1 8/26/2024 1 0 NONE Y 003-381-022 5556 Calle Arena Stout JADU BP#14167 ADU R 1 5/9/2024 1 1 5/9/2024 1 0 NONE Y 003-242-021 4620 Ninth Street Rizo JADU BP#14196 ADU O 1 5/2/2024 1 1 5/2/2024 1 1 8/30/2024 1 NONE Y 003-382-012 5559 Calle Arena Pfaff New SFD 23-2209-CDP/ARB SFD O 1 9/17/2024 1 0 0 NONE Y 003-251-021 4745 Carpinteria Avenue Klentner Mixed-Use 23-2221-DP/CDP 5+ R 1 2 21 3/26/2024 24 1 2 21 12/12/2024 24 0 0 NONE Y Other DB 99 6.0% 2 Development Standards Modification Yes No financial assistance was provided for construction of the affordable units; project was fully owner-funded. 003-314-002 5035 Seventh Street Burlison ADU 23-2259-CDP/ADU ADU R 1 1/11/2024 1 0 0 NONE Y $2000/month rent per applicant 004-006-013 5091 Foothill Road Sanchez SFD CUP 23-2263-CUP/CDP SFD O 1 3/4/2024 1 0 0 NONE Y 1 Demolished O 003-332-009 730 Olive Avenue Paola ADU 23-2262-CDP/ADU ADU R 1 1/24/2024 1 0 0 NONE Y 003-370-011 435 Concha Loma Drive Eberling-VanDerKar Lotsplit 23-2264-TPM/CDP SFD O 1 9/3/2024 1 0 0 NONE Y 003-161-021 5159 Ogan Road Zeoli ADU 23-2268-CDP/ADU ADU R 1 1/5/2024 1 1 6/6/2024 1 1 12/20/2024 1 NONE Y 003-436-003 4745 Dorrance Way Franken ADU 23-2270-CDP/ADU ADU R 1 1/24/2024 1 1 1/24/2024 1 1 2/29/2024 1 0 NONE Y $1600/month rent per applicant 003-312-025 4954 Fifth Street Hernandez ADU 24-2273-CDP/ADU ADU R 1 3/21/2024 1 0 0 NONE Y 004-009-009 4585 El Carro Lane Rosales ADU 24-2275-CDP/ADU ADU R 1 4/26/2024 1 1 10/8/2024 1 0 0 NONE Y $1500/month rent per applicant 001-292-004 5378 Dariesa Street Hardy ADU 24-2277-CDP/ADU ADU R 1 3/7/2024 1 1 7/18/2024 1 0 NONE Y 003-212-029 4253 Carpinteria Avenue Saticoy ADU #1 24-2278-CDP/ADU ADU R 1 3/6/2024 1 0 0 NONE Y $2000/month rent per applicant 003-600-036 4715 Aragon Drive Rolph ADU 24-2282-CDP/ADU ADU R 1 4/26/2024 1 0 0 NONE Y 004-007-055 5291 Cambridge Lane Friedman ADU 24-2284-CDP/ADU ADU O 1 3/28/2024 1 1 7/17/2024 1 0 NONE Y 003-153-017 4975 Sawyer Avenue Johnson ADU 24-2286-CDP/ADU ADU O 1 7/23/2024 1 0 0 NONE Y 003-470-011 126 Ash Avenue Krumm ADU #1 24-2293-CDP/ADU ADU R 1 6/7/2024 1 0 0 NONE Y $2000/month rent per applicant 003-470-011 126 Ash Avenue Krumm ADU #2 24-2294-CDP/ADU ADU R 1 6/7/2024 1 0 0 NONE Y $2000/month rent per applicant 001-271-020 1476 Haida Street Camacho ADU 24-2296-CDP/ADU ADU O 1 7/10/2024 1 0 0 NONE Y 001-262-015 1505 Casitas Pass Road Kirchner ADU 24-2311-CDP/ADU ADU O 1 10/3/2024 1 0 0 NONE Y 003-212-026 4213 Carpinteria Avenue Saticoy ADU #2 24-2321-CDP/ADU ADU R 1 12/19/2024 1 0 0 NONE Y 003-101-008 4462 Via Real Andersson JADU BP#14212 ADU R 1 3/13/2024 1 1 3/13/2024 1 1 11/21/2024 1 NONE Y 003-552-016 1319 Delta Avenue Velasquez JADU BP#14265 ADU O 1 8/5/2024 1 1 8/5/2024 1 0 NONE Y 003-291-030 5630 Fiesta Drive Tokar JADU BP#14518 ADU O 1 12/12/2024 1 1 12/12/2024 1 0 NONE Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Note: "+" indicates an optional field Housing with Financial Assistance and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus 1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10 Jurisdiction Carpinteria ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 02/15/2023 - 02/15/2031 1 Projection Period 3 4 RHNA Allocation by Income Level Projection Period - 06/30/2022- 02/14/2023 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - 1 - - - - - - - Non-Deed Restricted - - 3 - - - - - - - Deed Restricted - - 2 - - - - - - - Non-Deed Restricted - - 2 - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Above Moderate 348 1 10 34 - - - - - - - 45 303 901 1 10 42 - - - - - - - 53 848 5 6 7 Extremely low- Income Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date Total Units Remaining 143 - 1 - - - - - - - 1 142 VLI Deed Restricted VLI Non Deed Restricted 128 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column. Total RHNA Total Units Income Level Very Low Low Extremely Low-Income Units* Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten. Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data. Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 135 4 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. - Moderate 286 132 135 Please contact HCD if your data is different than the material supplied here 4 2 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 282 Jurisdiction Carpinteria ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 02/15/2023 - 02/15/2031 Date of Rezone Rezone Type 2 4 5 6 7 9 10 11 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Date of Rezone Very Low- Income Low-Income Moderate- Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses 359 30 3 392 001-080-040, 001-080- 002, 001-080-030 no address; Via Real Rezone initiated but site not yet selected for rezone. 1 5/8/2023 316 Unaccommodated Need 15.81 AG A-10 20 25 316 Non-Vacant Agriculture, avocado farm 001-080-041, 001-080- 035 5800 Via Real Rezone initiated but site not yet selected for rezone. 2 5/8/2023 242 Unaccommodated Need 16.74 AG A-10 20 25 242 Non-Vacant Agriculture, container plant nursery 001-180-006, 001-180- 041 1000 & 1010 Bega Way Rezone initiated but site not yet selected for rezone. 3 5/8/2023 178 Unaccommodated Need 9.68 RDI M-RP 20 25 178 Non-Vacant Office, warehousing & assembly facilities 001-180-064, -065, - 066, 001-080-067 6250 Bega Way Rezone initiated but site not yet selected for rezone. 4 5/8/2023 167 Unaccommodated Need 8.47 RDI M-RP 20 25 167 Non-Vacant Personal self-storage business 001-190-025, -068, - 073, -084, -086 6385 Cindy Lane, 1005 & 1013 Mark Ave, 6388 & 6382 Rose Lane Rezone initiated but site not yet selected for rezone. 6 5/8/2023 210 Unaccommodated Need 10.58 RDI M-RP 20 25 210 Non-Vacant Warehouse, office, assembly & research facilities 001-190-023, -092, - 093, -091 6390 & 6398 Cindy Ln, 1001 Mark Ave, 6392 Via Real Rezoned Ordinance No. 790 (Prj 24-2279- ORD/LCPA) 7 12/9/2024 110 Unaccommodated Need 5.51 RDI M-RP 20 25 110 Non-Vacant Warehouse, office, assembly & research facilities 001-190-099, -100, - 101, 001-430-011 1000 Mark Ave & 6402 Cindy Lane, 6410-6460 Via Real Rezone initiated but site not yet selected for rezone. 8 5/8/2023 199 Unaccommodated Need 10.02 RDI M-RP 20 25 199 Non-Vacant Office, warehouse & surface parking lot 001-430-008 no address; Cindy Lane Rezone initiated but site not yet selected for rezone. 9 5/8/2023 89 Unaccommodated Need 4.49 RDI M-RP 20 25 89 Vacant 001-070-058 5320 Carpinteria Avenue Rezoned Ordinance No. 790 (Prj 24- 2279-ORD/LCPA) 10 12/9/2024 21 Unaccommodated Need 1.08 GC CPD 20 25 21 Non-Vacant 1-story office building 003-280-017, 003-280- 005 5437 Carpinteria Avenue Rezoned Ordinance No. 790 (Prj 24- 2279-ORD/LCPA) 11 12/9/2024 39 Unaccommodated Need 1.98 GC CPD 20 25 39 Non-Vacant Mixed-use commercial/residential and vacant 003-162-011, 003-162- 012, 003-162-009 1145, 1155, 1160 Eugenia Place Rezoned Ordinance No. 790 (Prj 24- 2279-ORD/LCPA) 12 12/9/2024 92 Unaccommodated Need 4.66 GC CPD 20 25 92 Non-Vacant Four 2-story commercial office buildings with some tenant vacancies Note: "+" indicates an optional field Cells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below 3 8 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C Jurisdiction Carpinteria Reporting Year 2024 (Jan. 1 - Dec. 31) 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Adequate Sites to Accommodate Regional Housing Needs Provide adequate sites to accommodate the City’s entire 2023-2031 RHNA allocation of 901 units including rezoning land to accommodate a shortfall of 292 lower-income units. As soon as possible On 12/9/2024, City Council adopted Ordinance Nos. 788, 789, 790, and 791, creating a new Residential/Mixed-Use (RMU) zone district; rezoning 19.83 acres of land to RMU; and implementing Objective Design Standards that would apply to developments on these rezoned sites. The RMU zone implements the development standards required under this Program, including a min/max density of 20/25 units/acre. The Ordinances will take effect pending Coastal Commission approval. The item is tentatively scheduled for a Coastal Commission hearing in March or April 2025. Ord No. 788: https://carpinteriaca.gov/wp-content/uploads/2024/12/Ord-788_RMU- Zone.pdf Ord No. 789: https://carpinteriaca.gov/wp-content/uploads/2024/12/Ord-789_ODS.pdf Ord No. 790: https://carpinteriaca.gov/wp-content/uploads/2024/12/Ord- 790_Rezones.pdf Ord No. 791: https://carpinteriaca.gov/wp-content/uploads/2024/12/Ord- 791_Rezones.pdf More documents/info on the City's Housing Element: https://carpinteriaca.gov/city- hall/community-development/planning/housing-element-update/ ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. Table D Program Implementation Status pursuant to GC Section 65583 Program 2: Accessory Dwelling Units Facilitate the construction of 112 ADUs constructed during planning period including 67 lower income, 82 moderate income, and 107 above moderate income units. Ongoing In 2024, 18 ADU/JADU applications were received, 16 ADU CDPs were approved, 16 ADU/JADU building permits were issued, and 18 ADU/JADU Certificates of Occupancy were issued. The City's proposed Ordinance No. 785, which aimed to bring the City's ADU regulations in line with State ADU law, was approved on first reading by City Council in July 2024, and was submitted to the Coastal Commission in August 2024. Later that month, HCD provided a comment letter on Ordinance No. 785, which City staff is working with HCD and Coastal Commission staff to address/harmonize ADU law with Coastal Act policies. Staff have revised the ordinance and plan to return the ordinance to City decisionmakers in Q2 2025. Staff Report for City Council first reading of proposed Ord No. 785: https://carpinteria.granicus.com/MetaViewer.php?view_id=2&clip_id=1473&meta_id=93 662 Program 3: Energy Conservation Adopt Building Code updates in 2025, 2028, and 2031. Ongoing Staff will adopt Building Code updates as needed,including the upcoming 2025 Building Code to take effect in 2026. Program 4: Section 8 Rental Assistance Preserve 177 Section 8 vouchers during the planning period. Ongoing In 2024, 196 Section 8 Certificates were issued by the Housing Authority of Santa Barbara County and the City of Santa Barbara Housing Authority within the City of Carpinteria. Program 5: Affordable Rental Housing Development Assistance Facilitate construction of 418 lower income rental units, including 143 ELI units, during the planning period, commensurate with the City’s RHNA allocation. Ongoing In 2024, the City of Carpinteria approved Project 23-2221-DP/CDP, which included 1 very low and 2 low income units, as well as 5 ADUs which are rented at a rate affordable to very-low and low income households. City staff engaged quarterly with the Santa Barbara City-County Joint Affordable Housing Task Force to discuss strategies and share experiences with surrounding jurisdictions. City staff also met with prospective developers and received two SB330 pre-applications for future projects that would include additional lower income units. Program 6: Inclusionary Housing Facilitate construction of at least 8 inclusionary workforce housing units during the planning period. Ongoing Staff will continue to identify opportunities for additional inclusionary housing and work with developers which might develop multi-family housing developments. Updates to the City's Inclusionary Housing regulations were initiated in May 2023 through Resolution No. 6234 and 6235, and staff intends to prepare the draft updates to the Inclusionary Housing ordinance in 2025. Resolution No. 6234: https://carpinteria.granicus.com/MetaViewer.php?view_id=2&clip_id=1244&meta_id=80 882 Resolution No. 6235: https://carpinteria.granicus.com/MetaViewer.php?view_id=2&clip_id=1244&meta_id=80 884 Program 7: Density Bonus Adopt density bonus regulations by April 2024. April 2024 for new regulations; apply regulations ongoing In June 2024, the Planning Commission recommended approval of a proposed ordinance to align the City's Density Bonus regulations with State Law and harmonize the Coastal Act. City staff has been working with Coastal Commisison staff to harmonize Density Bonus provisions with the Coastal Act and the City's LCP. City staff intend to bring the proposed ordinance to City Council and the Coastal Commission in 2025. In 2024, the City approved Project 23-2221-DP/CDP, which utilized Density Bonus law. The City receives frequent inqueries from the public regarding usage of density bonus in Carpinteria, and City Staff has been in discussion with several other project applicants that are likely to submit density bonus projects in early 2025. Proposed Density Bonus ordinance: https://carpinteria.granicus.com/MetaViewer.php?view_id=2&clip_id=1455&meta_id=92 636 Program 8: Facilitate Lot Consolidation or Subdivision Approve 5 residential or mixed-use projects involving lot consolidations. Ongoing; City SB 9 Regulations by December 2024 Due to limited staffing and prioritization of Program 1 (Rezones), implementation of Citywide SB 9 regulations was delayed to 2025. The City processed and approved one residential subdivision for condominiums in 2024 (which will result in a net gain of 2 units), and approved one residential lot split (which will result in a net gain of 1 unit). City staff is currently in discussion with a property owner for a potential mixed-use project likely to involve lot consolidation. Staff will Program 9: Regulatory Concessions and Incentives for Affordable Housing Facilitate construction of at least 418 lower income units during the planning period commensurate with the City’s RHNA allocation. Ongoing The City continues to work with developers to explore and promote opportunities to provide affordable housing. The City strongly encourages pre-applications for larger projects, allowing City staff and the applicant to work through regulatory incentives for affordable units. Through Ordinance No. 788, part of Program 1 implementation, the City has created additional regulatory incentives for projects providing affordable housing. Pursuant to CMC 14.19 (effective following Coastal Commission approval), residential or mixed-use projects providing at least 20% of units affordable to lower-income households are considered a by-right use in the RMU zone district and will be eligible for ministerial review. All projects in the RMU zone district will be subject to the City's Objective Design Standards, further streamlining the design review component of project review/approval. Ordinance No. 788: https://carpinteriaca.gov/wp-content/uploads/2024/12/Ord- 788_RMU-Zone.pdf Program 10: Fee mitigation Facilitate construction of at least 418 lower income units during the planning period commensurate with the City’s RHNA allocation. Ongoing City DIF fees are reduced for affordable units and accessory dwelling units. The City continues to reduce DIFs by 50% for 100% affordable housing projects. The City strongly encourages pre-applications for larger projects, allowing City staff and the applicant to work through regulatory incentives for affordable units.

Program 11: Special Needs Housing Adopt all special needs-housing zoning code amendments by April 2024. 4/1/2024 Initiated by City Council 5/8/2023 by Resolution No. 6234. In Oct-Dec 2024, staff assembled an ordinance addressing various zoning requirements related to special needs housing. The administrative draft is currently undergoing internal review. Resolution No. 6234: https://carpinteria.granicus.com/MetaViewer.php?view_id=2&clip_id=1244&meta_id=80 882 Program 12: Conservation of Mobile Home Parks and Rent Stabilization Preserve 861 mobile home units throughout the planning period. Ongoing The City continues to monitor rental rates in mobile home parks through the Mobile Home Rent Stabilization Program and has had no conversion of the seven mobile home parks in Carpinteria. Long Range Planning staff provide guidance to mobilehome park residents with concerns over illegal space rent increases. Program 13: Condominium Conversion Ordinance 0 units converted unless rental vacancy rate exceeds 5%. Ongoing During the 2024 calendar year, no residential rental units were converted to condominiums due to provisions of the Condominium Conversion Ordinance related to rental vacancy rates. Carpinteria Municipal Code Ch. 14.74 - Ownership conversions affecting apartments; Conversion permits: https://library.municode.com/ca/carpinteria/codes/code_of_ordinances?nodeId=TIT14Z O_CH14.74OWCOAFAPCOPE Program 14: Housing Code Compliance Complete two surveys during the planning period and contact property owners and landlords with nonconforming conditions following each survey. Ongoing The Community Development Department's Building and Code Compliance divisions promptly respond to complaints, conduct site inspections, and enforce the housing and building and safety codes through compliance orders and administrative citations. Implemented in late 2023, the City's online GoGov service request portal has been instrumental in receiving, routing, and tracking complaints and potential violations. Carpinteria GoGov portal: https://carpinteriaca.gov/service-request/ Program 15: Single-Family Housing Rehabilitation Facilitate rehabilitation of 5 units occupied by extremely-low income owner households and 5 units occupied by very-low income households during the planning period. Ongoing The City will continue to encourage eligible extremely-low and very-low income homeowners to contact the USDA Rural Housing Repair and Rehabilitation Program for loans to help modernize and improve their homes to remove health and safety hazards.

Program 16: Multi-Family Housing Rehabilitation and Preservation Facilitate rehabilitation of 5 extremely- low income units, 5 very-low income units, and 10 low income units during the planning period. Ongoing The City will continue to seek grant funds to assist property owners with the rehabilitation of multifamily housing in need of repair. The City's CDBG Committee reviews annual applications for funding from the City's allocated portion of Santa Barbara County CDBG funds. Additionally, in an effort to protect low-income renters in multifamily housing, the City adopted a Tenant Relocation Payment amount in event of a no-fault just-cause eviction, equal to two month's rent or $6,500, whichever is greater (Resolution No. 6290). Housing/tenant protection info is available here: https://carpinteriaca.gov/city- hall/community-development/housing/ Program 17: Affirmatively Furthering Fair Housing Increase Housing Affordability & Access to Opportunity and Mobility; address homelessness; enhance fair housing education. Ongoing Several "Meaningful Actions" identfied as part of AFFH are currently in progress, identified above. Additionally, the City continues to partner with the City of Santa Barbara's Rental Housing Mediation Program to provide tenants, landlords, and interested parties with information and mediation services related to housing and rental disputes. In 2024, 76 residents received rental-related consultation via phone or in person. The City also refers residents to the Legal Aid Foundation of Santa Barbara County and California Rural Legal Assistance to address concerns related to disability access, those living on fixed incomes, and victims of domestic or elder abuse. In partnership with nonprofit organization New Beginnings, the City operated its first “safe parking” pilot program thrughout 2024 to provide safe overnight shelter and rapid rehousing programs for families and individuals living in their vehicles. For the 2024 calendar year, the program served 20 individuals living in 14 vehicles. Six of the program participates were successfully transitioned into housing. The program currently serves six vehicles at a time, and as of the end of 2024, discussions were underway between City and New Beginnings staff to both extend the program beyond the end of the pilot term and to expand the program capacity from six to 12 vehicles. Program 18: Workforce Homebuyer Down Payment Loans Facilitate at least 2 loans for the local workforce per year. Ongoing The City continues to provide down payment loans, in collaboration with the Housing Trust Fund of Santa Barbara County. In 2024, two down payment loans were funded through this program (totaling $158,875), utilizing the remaining balance of the Affordable Housing Trust Fund. Upon repayment of existing loans, staff will continue to work with the Housing Trust Fund of Santa Barbara County to find interested buyers looking to use the deferred repayment loans to buy homes in Carpinteria Workforce Homebuyer Down Payment Loan Program: https://carpinteriaca.gov/city- hall/community-development/workforce-homebuyer-down-payment-loan-program/ Jurisdiction Carpinteria ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning 6th Cycle 02/15/2023 - 02/15/2031 Description of Commercial Development Bonus Commercial Development Bonus Date Approved 3 4 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved Summary Row: Start Data Entry Below Units Constructed as Part of Agreement Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E Note: "+" indicates an optional field Project Identifier 1 2 Cells in grey contain auto-calculation formulas (CCR Title 25 §6202) Annual Progress Report January 2020 Jurisdiction Carpinteria ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2024 ( 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 02/15/2023 - 02/15/2031 The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+. For detailed reporting requirements, see the chcklist here: Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/community- development/docs/adequate-sites-checklist.pdf Rehabilitation Activity Preservation of Units At-Risk Acquisition of Units Mobilehome Park Preservation Total Units by Income Table F Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F. Activity Type Units that Do Not Count Towards RHNA+ Listed for Informational Purposes Only Units that Count Towards RHNA + Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields. Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020 Jurisdiction Carpinteria ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an
optional field
Reporting
Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 02/15/2023 - 02/15/2031
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Moderate Income
Units Converted from
Above Moderate
Date
Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA
Jurisdiction Carpinteria Reporting Period 2024 (Jan. 1 - Dec. 31) Period 6th Cycle 02/15/2023 - 02/15/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation 2 3 4 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below Note: "+" indicates an optional field Cells in grey contain auto-calculation formulas Table G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting Jurisdiction Carpinteria Note: "+" indicates an optional field Reporting
Period 2024
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table must contain an invenory
of ALL surplus/excess lands the reporting
jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Santa Barbara County jurisdictions, please format the APN's as follows:999-999-999 Jurisdiction Carpinteria ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 02/15/2023 - 02/15/2031 Project Type Date 2 3 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SH - Student Housing) Date Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Summary Row: Start Data Entry Below Note: Cells in grey Table J Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of S Project Identifier Units (Beds/Student Capacity) Approved 1 4 NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F) Annual Progress Report January 2020 Jurisdiction Carpinteria ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 02/15/2023 - 02/15/2031
No
Does the Jurisdiction have a local tenant preference
policy?
If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.

Notes
Table K
Tenant Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.

Jurisdiction Carpinteria
Reporting Year 2024 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes
ADU-JADU Program Tasks &
Budget:
1) Coordination: $10,000
2) Hearing-Adoption Process:
$15,000
3) Coastal Commission: $12,000
4) Legal Review: $15,000
5) Management: $3,000
6)Outreach and Training: $10,000
$65,000.00 $65,000.00 None
COMPLETE AND CLOSED OUT.
1) Inter-agency, Tribal Consultation, and Special
District Coordination: Initial comments received from
all districts, the CCC and HCD. Tribal consultation
completed, 100% complete.
2) Local Hearing-Adoption Process: 100% complete.
3) Coastal Commission Coordination, Hearing
Attendance, Certification Process: Coastal
Commission approved 12/15/2022, 100% complete.
4) Legal Review of the ADU Program: Ongoing, but
100% complete for this project.
5) Program Public Management and Grant
Administration: 100% complete.
6) Post-adoption Public Outreach and Staff Training:
100% complete. Ordinance is in effect.

The request for close-out was submitted to HCD on
6/5/2023 and this grant was fully reimbursed with a
payment of $65,000 to the City of Carpinteria on
8/31/2023.

Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 1
Non-Deed Restricted 2
Deed Restricted 2
Non-Deed Restricted 4
Deed Restricted 0
Non-Deed Restricted 0
39 48
Current Year
Deed Restricted 1
Non-Deed Restricted 3
Deed Restricted 2
Non-Deed Restricted 2
Deed Restricted 0
Non-Deed Restricted 0
34 42
Current Year
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 6
Deed Restricted 0
Non-Deed Restricted 0
11 18
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $ 65,000.00
Task Status
Completed
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
March 10, 2025

ITEM FOR COUNCIL CONSIDERATION
Code of Conduct to Ensure the Orderly Functioning of City Council Meetings and Other Public Meetings

STAFF RECOMMENDATION
Adopt Resolution No. 6370, establishing a Code of Conduct to ensure the orderly functioning of City Council meetings and other public meetings.

Sample Motion: I move to adopt Resolution No. 6370, as read by title only.

BACKGROUND
The Carpinteria Municipal Code (CMC) establishes City Council meeting procedures and the parliamentary procedures that govern the conduct of City Council meetings. The CMC also established that the City Council may alternatively use informal procedures for the conduct of its meetings (CMC Sections 2.04.480 and 2.04.490). and are used by clubs, private boards and public agencies throughout the United States. , complex, and rather antiquated. The more
s Rules of Order.
relate better with the running of a meeting of a five-member legislative body, such as the City Council.

On May 29, 2012, the City Council adopted Resolution No. 5391 which set the latest including rules of debate, for the conduct of City Council meetings.

On November 12, 2024, the City Council adopted the new Council Advisory Group Handbook. The Handbook is designed to be a reference guide for individuals serving on the Council Advisory Groups. The Handbook is intended to describe the Council Advisory City Council Code of Conduct
March 10, 2025

Groups, their memberships and duties, and provide meeting guidelines and Rules of Conduct and Decorum. The purpose of the proposed City Council Code of Conduct is to promote mutual respect, civility, and orderly conduct among elected and appointed City officials, City staff, and members of the public. The proposed Code of Conduct shall also apply to all Council Advisory Groups.

The purpose of this agenda matter is for the Council to consider adopting a Code of Conduct for the efficient and orderly running of all City public meetings including City Council, and all other Council Advisory Group meetings.

DISCUSSION
Staff has developed the proposed Code of Conduct for the running of City Council meetings. Having an agreed upon set of procedures and rules for public meetings helps to ensure that everyone has an opportunity to be heard and that decisions can be made without confusion and in an orderly and safe environment.

Key takeaways from the Code of Conduct include the following:

The role of the presiding officer (Mayor or in absence of the Mayor, the Vice Mayor) Communication between Councilmembers
Council Communication with Members of the Public
Rules for the public attending and participating in the meeting regarding public comment (verbal and written)
Enforcement of violations of the Code of Conduct by the presiding officer The Code of Conduct, like the Council Advisory Handbook, provides that meetings are to be conducted in accordance with Rosenberg . The CMC, however, still directs City C . It is therefore proposed

2.04 to eliminate references that state council meetings will be conducted according to

POLICY CONSISTENCY
The City Council Code of Conduct is consistent with
2024/25 Annual Work Plan which includes Primary Goal #1 Enhance Public Outreach, Education and Transparency.

FINANCIAL CONSIDERATIONS
No Additional Funding Requested. Minimal staff time to prepare the report is included in the Adopted FY 2024-25 General Fund Budget.

City Council Code of Conduct
March 10, 2025

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
to respond to any questions at the meeting.

OPTIONS

1. Adopt Resolution No. 6370, adopting a Code of Conduct for the running of City Council Meetings. Direct staff to return at a later date with an amendment of CMC Chapter 2.04.

2. Decline to adopt Resolution No. 6370 and direct staff as appropriate.

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

ATTACHMENTS
A. Resolution No. 6370
Staff contact:

Brian C. Barrett, City Clerk
(805) 755-4403; [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. 6370
RESOLUTION NO. 6370

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA, ADOPTING A CODE OF CONDUCT FOR THE

RUNNING OF CITY COUNCIL AND COUNCIL ADVISORY GROUP

MEETINGS
WHEREAS, Carpinteria Municipal Code Section 2.04 establishes, among other things, procedures and Rules of Debate related to the conduct of public meetings; and WHEREAS, Carpinteria Municipal Code Section 2.04.490 recognizes that the use of “informal procedures” are an appropriate alternative to Robert’s Rules of Order for the conduct of meetings; and
WHEREAS, on March 26, 2012, the City Council received training on the use of Rosenberg’s Rules of Order and has concluded that the use of such informal procedures can create an environment where public meetings are run more efficiently and can make meetings more accessible and understandable to members of the public; and
WHEREAS, on May 29, 2012, the City Council adopted Resolution No. 5391, acknowledging that the latest version available of Rosenberg’s Rules of Order shall be used as the parliamentary procedures, including rules of debate, for the conduct of City Council meetings; and
WHEREAS, in addition to Carpinteria Municipal Code Chapter 2.04, the City Council wishes to establish a Code of Conduct for City Council and Council Advisory Groups to enhance the efficiency, transparency, and effectiveness of City Council and Council Advisory Group proceedings while fostering greater community engagement and participation in our local governance; and
WHEREAS, the City Council has determined that public participation in public meetings is enhanced when members of the public and Councilmembers/Council Advisory Group members are aware of pre-established rules and parameters that allow the presentation of various viewpoints and perspectives on matters of City business and community concern.

NOW, THEREFORE, BE IT RESOLVED as follows:

Resolution No. 6370

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

SECTION 2. The Carpinteria City Council hereby resolves that the Code of Conduct for City Council and Council Advisory Groups shown as Exhibit 1 to this resolution be adopted.

PASSED, APPROVED AND ADOPTED on the 10th day of March, 2025, 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 March 10, 2025. ______________________________
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
Exhibit 1 to Resolution No. 6370
32875611.3

CITY OF CARPINTERIA

CODE OF CONDUCT
For
City Council and City Council Advisory Groups1
MARCH 2025
Prepared By:

City of Carpinteria
City Clerk’s Office
[email protected]
(805) 755-4403
Approved by the City Council on March 10, 2025
1 City Council Advisory Groups (“Advisory Groups”) include the Planning Commission, Architectural Review Board, Downtown “T” Business Advisory Board, Tree Advisory Board, Environmental Review Committee, Carpinteria Open Space Management Advisory Board, Mobile Home Park Rent Stabilization Board, Integrated Pest Management Committee, Community Development Block Grant Committee, Library Advisory Commission.
32875611.3
2 Carpinteria Code of Conduct
March 2025
Table of Contents

1. PURPOSE............................................................................................................. 3

2. RULES FOR CITY PUBLIC OFFICIALS .............................................................. 4

2.1 Decorum .............................................................................................................................................4

2.2 Role of the Presiding Officer..............................................................................................................4

2.3 Review of Agenda Materials..............................................................................................................4

2.4 Communication among Public Officials.............................................................................................4

2.5 Communication with Members of the Public Addressing the Council or Advisory Groups............5

2.6 Procedures for the Conduct of Meetings ..........................................................................................6

2.7 Code of Conduct Application .............................................................................................................6

3. RULES FOR CITY STAFF .................................................................................... 7

3.1 Decorum .............................................................................................................................................7

3.2 Role of the City Manager ...................................................................................................................7

3.3 Availability of Agenda Materials .......................................................................................................7

4. RULES FOR THE PUBLIC ................................................................................... 8

4.1 Members of the Audience .................................................................................................................8

4.2 Persons Addressing the Body ............................................................................................................8

5. ENFORCEMENT................................................................................................. 12

5.1 Warning ......................................................................................................................................12

5.2 Removal......................................................................................................................................12

5.3 Resisting Removal ......................................................................................................................12

5.4 Motion to Enforce ......................................................................................................................12

5.5 Clearing the Room......................................................................................................................12

6. APPENDIX................................................................................................................ 13 Appendix I: Code of Conduct – Summary (for posting in Council Meeting Room)..............................13 Appendix II: CAG Handbook...................................................................................................................13 Appendix III: Code of Conduct – Practical Guidelines for Addressing Offensive Speech ....................13 32875611.3
3 Carpinteria Code of Conduct
March 2025

1. PURPOSE
The purpose of this Code of Conduct is to promote mutual respect, civility, and orderly conduct among elected and appointed City public officials, City staff, and members of the public. This Code of Conduct is not intended to deprive any person of their right to freedom of expression, but to promote, to the extent possible and reasonable, open dialogue and positive communications while discouraging intimidating, demeaning, volatile, hostile, or aggressive actions. The City expects locally elected and appointed public officials and its employees, including consultants, to comply with this Code of Conduct, and also seeks cooperation from members of the public. A summary of this Code of Conduct is attached hereto as Appendix I. This summary shall be posted in the City Council Chambers and all other meeting locations where the City Council and/or other City Council Advisory Groups (“Advisory Groups”) meet.

This Code of Conduct applies to all City public officials, which includes members of the City Council and all other Advisory Groups. For Advisory Groups, if there is a conflict between this Code of Conduct and the City Council Advisory Group Handbook (“CAG Handbook”), the CAG Handbook controls.2
2 A copy of the City’s CAG Handbook is attached to this Code of Conduct as Appendix II. An electronic copy of the CAG Handbook can also be found on the City’s website at the following link:
https://carpinteriaca.gov/wp-content/uploads/2024/11/Carpinteria-CAG-Handbook-FINAL-COMBINED.zip. 32875611.3
4 Carpinteria Code of Conduct
March 2025

2. RULES FOR CITY PUBLIC OFFICIALS

2.1 Decorum
City public officials shall conduct themselves in a professional and orderly manner to ensure City business is handled efficiently and thoroughly. They must uphold the integrity of the deliberative process at all times, fostering a respectful and productive meeting environment. Public officials shall maintain a polite, respectful and courteous manner when addressing one another, City staff, and members of the public during meetings.

The professional and personal conduct of City public officials shall be above reproach and avoid even the appearance of impropriety.

2.2 Role of the Presiding Officer
The presiding officer shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the presiding officer to ensure that the rules of operation and decorum contained herein are observed, including maintaining control of communication between members of the body, and between the body and the public.

For the City Council, the presiding officer shall be the Mayor, or in the Mayor’s absence the Vice Mayor, or in their absence any other Councilmember designated by the City Council.

For Advisory Groups, the presiding officer shall be the Chair or in the Chair’s absence the Vice Chair, or in their absence any other member designated by the body.

2.3 Review of Agenda Materials
All public officials are expected to be prepared and to have read all agenda materials and staff reports prior to the meeting at which such matters are to be discussed in order to ensure the efficient handling of matters of City business.

2.4 Communication among Public Officials

1. Public officials shall request the floor of the presiding officer before speaking.

2. A public official who is speaking shall remember that the purpose of the meeting is to attend to and resolve City business. Public officials shall avoid repetition and shall endeavor to limit their comments to the subject matter at hand. Public officials should endeavor to express their views without engaging in lengthy debates.

3. When one public official is speaking, other public officials shall not interrupt or otherwise disturb the speaker.
32875611.3
5 Carpinteria Code of Conduct
March 2025

2.5 Communication with Members of the Public Addressing the Council or Advisory Groups

1. Public officials may question the person addressing the body at the conclusion of the speaker’s comments or upon expiration of the speaker’s time to speak (see Section 4.2 - 3). Such questions shall be directed to the speaker by request to and acknowledgment of the presiding officer.

2. Public officials shall not engage the speaker addressing the body in a dialogue with the body or City staff, but shall confine communication to a question-andanswer format conducted through the presiding officer (see Section 4.2 – 1).

3. If a member of the audience has addressed the body on matters that are not on the agenda, public officials shall refrain from extended discussion of the matter.

Upon the approval of the presiding officer, or two members of the body, the body may direct staff to place the matter on an upcoming agenda.

4. To comply with the Ralph M. Brown Act (Gov. Code 54950, et seq.) (“Brown Act”), public officials may not discuss, deliberate, or vote on any matter raised under the agenda item titled “Public Comment on Matters Not on the Agenda.” However, the presiding officer may request that the City Manager or staff provide additional information on a matter of general interest to the entire body or the public at large.

5. If a public official believes that a material misstatement of fact has been made by a member of the public during “Public Comment on Matters not on the Agenda,” the public official may ask that the City Manager, staff, or City Attorney correct or clarify the misstatement, or the public official may provide a direct response at that time. If a response is not possible at that time, correction or clarification may be provided at a future meeting of the body.

6. Public officials shall not talk privately with the public during the meeting or during recesses of the meeting.
7 After any public comment where a request has been made by the speaker, the presiding officer may, if the presiding officer so deems it desirable, direct the speaker to communicate the same request to the City Manager or another appropriate staff member during regular business hours. 32875611.3
6 Carpinteria Code of Conduct
March 2025

2.6 Procedures for the Conduct of Meetings
Meetings shall be conducted as outlined in the Brown Act and Rosenberg’s Rules of order, supplemented by this Code of Conduct, the CAG Handbook and the Carpinteria Municipal Code (“CMC”). Included as Appendices in the Council Advisory Group Handbook, which is provided as Appendix II to this Code of Conduct, are Open & Public VI – A Guide to the Ralph M. Brown Act and Rosenberg’s Rules of Order, respectively.

2.7 Code of Conduct Application
This Code of Conduct and Rosenberg's Rules of Order are intended to expedite and facilitate the transaction of business in an orderly fashion and will be deemed to be procedural only. Failure to strictly observe any of these rules will not be deemed to invalidate any action taken by a body.

This Code of Conduct is not exclusive and does not limit the inherent power and general legal authority of a body, or of its presiding officer, to govern the conduct of meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City. 32875611.3
7 Carpinteria Code of Conduct
March 2025

3. RULES FOR CITY STAFF

3.1 Decorum
City staff shall not engage in dialogue with members of the public during meetings. When addressed by a public official, staff shall respond in a polite and respectful manner.

3.2 Role of the City Manager
The City Manager’s duties during City Council meetings include keeping a record of concerns raised by the Councilmembers (and, as directed, concerns raised by members of the public) regarding staff matters and directions for future staff action.

For Council Advisory Groups, appropriate staff shall keep such records.

3.3 Availability of Agenda Materials
Consistent with the Brown Act, staff shall ensure that all staff reports and additional agenda materials are made available to the public at the time those materials are circulated to the body.
32875611.3
8 Carpinteria Code of Conduct
March 2025

4. RULES FOR THE PUBLIC

4.1 Members of the Audience
Members of the public shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the meeting unfeasible. A member of the public engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the body, be subject to removal from that meeting.

Persons in the audience shall refrain from creating, provoking, or participating in any type of unwelcome physical contact. Persons in the audience and City public officials shall place cellular phones on silent or vibrate mode and refrain from placing or taking calls while the meeting is in session.

Members of the public attending a meeting virtually are subject to the same restrictions as in-person participants. Virtual participants who do not adhere to this Code of Conduct may be removed from the meeting after the presiding officer has notified the person to conduct themselves in a manner consistent with this Code of Conduct and warned them that they will be expelled from the meeting if they continue to disrupt the meeting. Unless one or more public officials is attending the meeting virtually (pursuant to the restrictions in the Brown Act), virtual participation in meetings is not a right nor a requirement of the Brown Act and is provided as a courtesy to members of the public who do not wish or are unable to attend a meeting in person. For this reason, virtual participation may be ended for all participants if the meeting can no longer be conducted in an orderly manner because of the conduct of one or more virtual participants. For those participants attending virtually, ending virtual participation or “removal” from the meeting means that the participant will be muted and/or their video will be turned off.

Appendix III to this Code of Conduct practical guidelines for addressing offensive speech at meetings.

4.2 Persons Addressing the Body

1. Although not a requirement to provide public comment at a meeting, staff requests that any person wishing to speak during “Public Comment on Matters Not on the Agenda” or on an agenda item fill out a speaker slip with their name and the agenda item or section they wish to speak on. Filled out speaker slips should be submitted to the City Clerk (or other city staff if the City Clerk is not present) prior to or during consideration of the agenda item or section on which the member of the public wishes to speak. Speakers are called in the order the speaker cards are submitted. Those participating in the meeting via Zoom shall raise their hand to notify the City Clerk they wish to speak. In-person public comment shall be heard first followed by virtual participants. The presiding officer shall announce the names from the speaker cards and the City Clerk shall announce the names from 32875611.3
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the “raised hands” on Zoom. Once the presiding officer concludes public comment, no additional public comment will be allowed. Speaker slips submitted after the presiding officer has closed public comment shall not be forwarded to the presiding officer.

2. No person shall address the body without first being recognized by the presiding officer.

3. The presiding officer may establish reasonable regulations for public comment based on the time available and/or the number of persons waiting to speak. The City’s practice has been to limit each member of the public to three (3) minutes; however, to efficiently manage the time available for the conduct of City business, the presiding officer may limit each speaker to a lesser amount of time to speak.

A countdown display of the three-minute timer shall be displayed during the meeting so the speaker can note the amount of time remaining for their comments.

At the end of their three minutes, an audible sound will be heard letting the speaker know to end their comments. The presiding officer may extend the time to speak within reason. The presiding officer shall at all times act in a manner that ensures the speaker’s right to due process and equal protection.

4. The purpose of addressing the body is to provide personal testimony and formally communicate to the body on matters relating to City business or citizen concerns.

Persons addressing the body shall confine the subject matter of their remarks to the particular matter before the body unless speaking during “Public Comment on Matters not on the Agenda.”

5. Each person addressing the body shall do so in an orderly manner and shall endeavor to not make repetitious, slanderous, or irrelevant remarks. While members of the public may speak their opinions on City business, use of swear words and signs or displays of disrespect for individuals are discouraged as they impede good communication with the body and efficient conduct of City business.

Comments criticizing the policies, procedures, programs or services of the City or the acts or omissions of a body or public official are expressly permitted.

Individuals not complying with these standards may be subject to enforcement, as authorized by law.

6. Persons addressing the body shall address the body as a whole and shall not engage in a dialogue with individual public officials, City staff or members of the public. All remarks by members of the public shall be addressed to the presiding officer and/or body as a whole and not to any other member of the public or City staff.
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7. Persons holding signs, placards, banners, or other similar items that are larger than 8 ½” x 11” may be asked to sit in the back of the Council Chambers if it is determined that the sign, placard, banner or other similar item disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting, or obstructs the view of attendees or the broadcasting of the meeting. Individuals holding signs shall be limited to no more than one sign each and signs shall remain with the holder.

8. All persons attending a meeting shall listen courteously and attentively to all public discussions at the meeting and avoid interrupting members of the public addressing the body or City staff.

9. All persons attending a meeting shall obey any lawful order of the presiding officer to enforce this Code of Conduct.

10.The City provides interpretation services from English to Spanish at most regular City Council meetings. This service is not currently provided at meetings of other Advisory Groups. Speakers that require an interpreter to provide their public comments shall be given twice the allotted time to give their comments where there is no simultaneous translation service.

11.For meetings taking place in the City Council Chambers, members of the public may request headsets connected to a hearing loop system that helps people with hearing aids hear more clearly in public spaces. Requests should be made to the City Clerk.

12.Members of the public shall not have access to audio-visual equipment to make any presentation during public comment on a specific agenda item or “Public Comment on Matters Not on the Agenda.”

13.Members of the public may only speak once on any agenda item. A speaker’s time may not be transferred, reserved, or combined with another speaker’s time.

14.If a member of the public wishes to address the body as themselves and as a representative to an organization, they may do so, but will be given three minutes for their entire remarks.

15.Members of the public shall not approach the dais at any time without prior consent from the presiding officer.

16.The presiding officer may stop a member of the public whose comments are not confined to the agendized item being heard. During “Public Comment on Matters Not on the Agenda,” the presiding officer may stop a member of the public whose comments are not within the subject matter jurisdiction of the City. 32875611.3
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17.If it appears that several members of the public desire to speak regarding a single topic, the presiding officer shall request that the speakers be succinct in their comments and not be redundant. When possible, members of the public are encouraged to designate a spokesperson to expedite consideration of agenda items and avoid repetitious presentations.

18.Written comments received by noon the day of the meeting (unless otherwise noted on the posted agenda) will be forwarded to the body and pertinent City staff prior to the start of the meeting. Written comments that are submitted after the deadline will be part of the official record of the meeting, but may not be forwarded to the body and/or City staff prior to the start of the meeting. Written public comments will not be read aloud during the meeting.

19.Members of the public wishing to share written materials with the body at the meeting must provide the City Clerk with six copies (five for public officials and one for the record). Submitted written public comments will become part of the record, but will not be read aloud during the meeting. If fewer than six copies are provided, the City Clerk (or staff-liaison assisting with other Council Advisory Group meetings) will not provide copies of the written material to members of the body until he or she has made additional copies so that members of the public may also have access to the written material.
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5. ENFORCEMENT

5.1Warning
The presiding officer shall request that a person who is violating this Code of Conduct cease such conduct. If, after receiving a warning from the presiding officer, the person persists in disturbing the meeting, the presiding officer may call for a recess, order the room to be cleared per the Brown Act, or order the person to leave the meeting. If the person does not leave the meeting, the presiding officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the City Council Chambers or other location where the meeting is being held.

5.2Removal
Any law enforcement officer who is serving as sergeant-at-arms at the meeting shall carry out the orders and instructions given by the presiding officer for the purpose of maintaining order and decorum. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms to remove from the meeting any person who is disrupting or otherwise impeding the orderly proceedings of the meeting.

5.3Resisting Removal
Any person who resists removal by the sergeant-at-arms may be charged with a violation of any applicable ordinance or law, including but not limited to Penal Code section 403.

5.4Motion to Enforce
If the presiding officer fails to enforce this Code of Conduct, any member may move to require the presiding officer to do so, and an affirmative vote of a majority of the body shall require the presiding officer to do so. If the presiding officer fails to carry out the will of the majority of the body, the majority may first designate the Vice Mayor or Vice Chair or secondly another member of the body to act as presiding officer for the limited purpose of enforcing this Code of Conduct.

5.5Clearing the Room
If a meeting is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the presiding officer or a majority of the body may exercise the authority granted in the Brown Act (see Gov. Code 54957.9.) by ordering the meeting room be cleared and continuing in session in the manner authorized by the Brown Act.
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6. APPENDIX
Appendix I: Code of Conduct – Summary (for posting in Council Meeting Room) Appendix II: CAG Handbook
Appendix III: Code of Conduct – Practical Guidelines for Addressing Offensive Speech

APPENDIX I
Code of Conduct – Summary
(for posting in Council Meeting Room)
City of Carpinteria
Code of Conduct – Summary
To ensure respectful, efficient, and productive public meetings, the City requests that all in-person and virtual participants including elected or appointed officials, City staff, and the public adhere to the following guidelines:1
General Conduct
• No profanity, obscenity, or abusive language
• Refrain from personal threats or attacks
• Treat everyone with respect and courtesy
• Refrain from hateful epithets and demeaning language based on a person’s race, religion, sexual orientation, ethnicity, gender, or disability
• Avoid disruptive behavior, including shouting or interrupting speakers • Silence cell phones and refrain from phone calls during meetings • Obey the direction of the presiding officer
Speaking at Public Meetings
• Speakers must be recognized by the presiding officer before speaking • Comments must be relevant to City business
• Each speaker is generally allotted three (3) minutes for public comment on any particular agenda item (this may be further shortened depending on circumstances) • The right to provide public comments does not include a question-and-answer period. Please direct remarks to the entire Council or Advisory Group; staff will provide responses subject to any direction from members of the body
Enforcement
• The presiding officer may issue a warning to anyone disrupting the meeting • Continued disruption may result in removal from the meeting • Law enforcement may be called if necessary
For full details, refer to the City of Carpinteria Code of Conduct document available online at https://carpinteriaca.gov/city-hall/city-clerk/ or at the City Clerk’s Office. 1 These guidelines are intended for use and promotion by City staff and elected and appointed public officials to ensure the orderly conduct of public meetings; however, they will not be enforced to the extent that they violate an individual’s right to free speech.

APPENDIX II
CAG Handbook

CITY OF CARPINTERIA

CITY COUNCIL

ADVISORY GROUP

HANDBOOK
NOVEMBER 2024
Prepared By:

City of Carpinteria
City Clerk’s Office
[email protected]
(805) 755-4403
Approved by the City Council on November 12, 2024
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Table of Contents
City Council...............................................................................................................................................6 Mayor........................................................................................................................................................6 City Manager ............................................................................................................................................7 City Clerk...................................................................................................................................................7 City Attorney ............................................................................................................................................8 City Organizational Chart.........................................................................................................................8 COUNCIL ADVISORY GROUPS .................................................................................... 9

1. Planning Commission...................................................................................................................9

2. Architectural Review Board (ARB)...............................................................................................9

3. Mobile Home Park Rent Stabilization Board (MHPRSB)...........................................................10

4. Carpinteria Open Space Management Advisory Board (COSMAB)..........................................10

5. Integrated Pest Management (IPM) Committee.......................................................................11

6. Tree Advisory Board (TAB).........................................................................................................11

7. Downtown “T” Business Advisory Board (DTBAB)....................................................................12

8. Environmental Review Committee (ERC)..................................................................................12

9. Community Development Block Grant (CDBG) Committee......................................................13

10. Library Advisory Commission (LAC).......................................................................................13 APPOINTMENT PROCESS & CONDITIONS............................................................... 15 Term of Office.........................................................................................................................................15 Appointment Process.............................................................................................................................15 Appointment of Employee’s Relative....................................................................................................16 Appointment of Relatives of City Council or City Manager..................................................................16 Immediate Family Members Serving on Same Council Advisory Group..............................................17 Individual Serving on Multiple Council Advisory Groups .....................................................................17 Removal from Office ..............................................................................................................................17 Leaving Office .........................................................................................................................................17 Qualifications..........................................................................................................................................17 Attendance .............................................................................................................................................17 Independent Governmental Agency Appointments.............................................................................18 ORGANIZATIONAL REQUIREMENTS AND DUTIES.................................................. 19 Election of Chair and Vice Chair.............................................................................................................19 3 Carpinteria Council Advisory Group Handbook
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Roles and Responsibilities......................................................................................................................19 New Member Orientation......................................................................................................................19 Staff Liaison’s Role .................................................................................................................................20 Member’s Role .......................................................................................................................................21 Do Your Homework................................................................................................................................21 Be Representative of the Whole City ....................................................................................................21 Be Careful to Represent the Council Advisory Group ...........................................................................21 Be Conscious of the City Council Expectations......................................................................................22 Become the “Eyes and Ears” of the City Council...................................................................................22 Be Conscious of the Relationship with the City Council and City Staff ................................................22 Disagreements........................................................................................................................................23 Establish a Good Working Relationship with Other Council Advisory Group Members.....................23 Understand the Role and Scope of Responsibility of the Council Advisory Group..............................23 Working with the Media ........................................................................................................................25 Participation in Political Activities.........................................................................................................25 CONFLICTS OF INTEREST ......................................................................................... 26 Assuming Office Statement ...................................................................................................................27 Annual Statements.................................................................................................................................28 Leaving Office Statements.....................................................................................................................28 Ethics Laws..............................................................................................................................................28 MEETING GUIDELINES............................................................................................... 29 Meeting Types........................................................................................................................................29 Quorum...................................................................................................................................................29 Ralph M. Brown Act (California State Law)...........................................................................................30 Virtual/Teleconference Meetings..........................................................................................................31 Meeting Agenda .....................................................................................................................................31 Order of Business...................................................................................................................................31 Placing an Item on the Agenda ..............................................................................................................32 Consideration and Action on an Agenda Item ......................................................................................32 Staff Reports / Staff Memos..................................................................................................................33 Chair Responsibilities.............................................................................................................................33 Absence of Chairperson .........................................................................................................................34 Member Meeting Responsibilities.........................................................................................................34 4 Carpinteria Council Advisory Group Handbook
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Public Participation ................................................................................................................................34 Public Hearings.......................................................................................................................................35 Ex Parte Communications......................................................................................................................36 Public Discussion at Hearings.................................................................................................................36 Continuance of Hearings........................................................................................................................37 Listening Skills ........................................................................................................................................37 The Art of Asking Questions ..................................................................................................................38 Courtesy and Decorum...........................................................................................................................38 Managing Difficult Meetings..................................................................................................................39 Parliamentary Procedure.......................................................................................................................39 General Notes About Main Motions .....................................................................................................40 Tie Votes.................................................................................................................................................40 Comments for the Record......................................................................................................................41 Adjournment ..........................................................................................................................................41 Recordings of Meetings..........................................................................................................................41 Action Minutes.......................................................................................................................................41 Public Records........................................................................................................................................41 RULES OF CONDUCT AND DECORUM ..................................................................... 42 Member Misconduct..............................................................................................................................43 Discipline of Council Advisory Group Members by the City Council ....................................................44 APPENDIX.................................................................................................................... 45 Open & Public VI – A Guide to the Ralph M. Brown Act – Revised January 2024 by the League of California Cities.......................................................................................................................................45 Rosenberg’s Rules of Order – Revised 2011 – Simple Rules of Parliamentary Procedure for the 21st Century by Judge Dave Rosenberg ........................................................................................................45 Acknowledgment of Receipt and Statement of Commitment .............................................................45 5 Carpinteria Council Advisory Group Handbook
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INTRODUCTION
On behalf of the City of Carpinteria, I would like to welcome you as a new member of a City of Carpinteria Board, Commission or Committee (Council Advisory Group). As a member, you are now considered a public official serving in an advisory capacity to the City Council performing a valuable service by addressing community issues and needs.

The City Council looks forward to your contribution as we work together to provide efficient municipal services that are responsive to local needs and expectations.

Community participation and input is highly valued by the Carpinteria City Council.

Elected officials and City staff cannot by themselves provide the time, energy, knowledge, and talent needed to keep Carpinteria the exceptional community that it is. To meet the needs for advice, skills, and public service, Carpinteria looks for participation from its diverse and experienced residents. It offers a means of participating in community affairs, of helping to shape policy decisions, and of working with interested people.

This handbook is a reference guide for those residents who volunteer to serve on the Council Advisory Groups, including both standing and ad hoc groups. These advisory groups are established by the City Council so they can examine a variety of City Council directed subjects in detail and make recommendations to the City Council based upon their study and public deliberation. This handbook is intended to help Council Advisory Group members better understand their roles and responsibilities, governing regulations, and meeting protocol for effective decision-making. It has been prepared to:
a. Give an overview of the City government structure.
b. Describe the membership requirements, organizational requirements, and member roles and responsibilities of the Council Advisory Groups. c. Provide meeting guidelines for the operation of the Council Advisory Groups. d. Rules of Conduct and Decorum for all Council Advisory Groups.

Should you have any questions regarding the information in this book, reach out to the staff liaison of your Council Advisory Group or the City Clerk.

Please fill out and sign your receipt of this handbook found in the Appendix at the end of this Handbook and submit it to the City Clerk.

I appreciate your commitment and willingness to serve our community and hope you will find it to be an interesting and rewarding experience.

Sincerely,
Brian C. Barrett, CMC, CPMC
City Clerk
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CITY GOVERNMENT STRUCTURE
The City of Carpinteria incorporated as a general law city on September 28, 1965 in the State of California. Carpinteria has a Council-Manager form of government which is popular because it successfully brings together the combination of full-time professional staff in City administration with the finest talents the community has to offer in its locally elected and appointed officials. This form of government can be described as a partnership between elected officials, appointed staff, and community volunteers with each group having their own distinct roles and responsibilities.

City Council
The City Council is the governing body for the City. The City Council sets overall policy for the community and hires a City Manager to carry out the policy.

Major City Council functions include:
a. Representing the City and all its residents
b. Appointing the City Manager and City Attorney
c. Adopting and amending City laws
d. Approving the annual budget
e. Approving City contracts and agreements
f. Establishing City policies and standards
Councilmembers are not full-time City officials and do not manage the day-to-day activities of the City organization. This is done by the City Manager under the direction of the City Council. Members of the City Council are elected by District on a non-partisan ballot. The five Councilmembers serve overlapping four-year terms. As the governing body of the community, the City Council carries out its policy making at meetings held in the City Hall Council Chambers at 5775 Carpinteria Avenue, Carpinteria, CA 93013, on the second and fourth Monday of every month, commencing at 5:30 pm with special meetings and/or closed sessions as needed.

Mayor
Upon the re-organization of the Council in December of even years (after the general municipal election), the City Council selects one of its members to serve as Mayor and another to serve as Vice Mayor. The Mayor acts as the presiding officer over City Council meetings, observing order and decorum, stating questions posed before the Council, announcing the Council’s decision on all subjects, and deciding all questions of order.

The Mayor has a vote just like other members and does not have the power of veto over actions of the City Council. The Mayor also acts as the official head of the City on public and ceremonial occasions and signs all ordinances, resolutions, and agreements approved by the Council. In the absence of the Mayor, the Vice Mayor shall act as the presiding officer at the Council meeting and act as the ceremonial head of the City and sign official City documents.
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City Manager
The Carpinteria Municipal Code establishes the office of City Manager. The City Manager is appointed by the City Council on the basis of their administrative and executive ability and qualifications and holds office at the pleasure of the City Council. The City Manager is the administrative head of the government of the City under the direction and control of the City Council and is responsible for the efficient administration of all the affairs of the City which are under their control.

The City Manager’s duties include:
a. Enforcing City laws
b. Managing the City departments, programs, and activities c. Recommending policy and regulations to the City Council d. Keeping the City Council at all times fully advised of the financial condition of the City
e. Preparing and submitting a proposed annual budget and salary plan for the City Council to approve
The City Manager is responsible for hiring, promoting, disciplining, and removing all City staff (except for City Attorney). The City Council shall deal with the administrative services of the City only through the City Manager and the City Council shall not give orders to any subordinates of the City Manager. The City Manager shall take orders and instructions from the collective City Council only when sitting in a Council meeting and no individual Councilmember shall give orders or instructions to the City Manager. The City Manager takes policy direction from the City Council and is responsible for implementing that policy.

City Clerk
The City Clerk is responsible for maintaining the legislative record of the City Council and prepares City Council agendas, minutes, legal publications, processes resolutions and ordinances, and manages the recruitment of City Council Advisory Groups. As the Elections Official, the City Clerk administers municipal elections in conjunction with the County of Santa Barbara. The City Clerk acts as the compliance officer for federal, state, and local statutes including the Political Reform Act, the Brown Act, and the Public Records Act. The City Clerk provides easy access to information and serves as a guide to open participation in the decision and policy making process. 8 Carpinteria Council Advisory Group Handbook
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City Attorney
The City contracts with the law firm Brownstein Hyatt Farber Schreck, LLP (BHFS) for its legal services. BHFS is the legal advisor of the City Council and all other City officials, departments, and Council Advisory Groups. In carrying out their responsibilities, the City Attorney:
a. Provides legal opinions to the City Council, City Manager, and other City officials b. Drafts or approves as to form all the City’s ordinances, resolutions, and contracts c. Is responsible for representing the City in all litigation to which the City is a party d. Approves as to form all bonds given to or for the benefit of the City e. Prosecutes violations of the Municipal Code
City Organizational Chart
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COUNCIL ADVISORY GROUPS
Council Advisory Groups are created by the City Council to obtain increased public input and community participation in the determination of policies and programs. Council Advisory Groups make recommendations to the City Council on matters within the group’s scope of responsibility. Each group’s duties are established by law and/or Council action and are summarized below.

While all Council Advisory Groups serve as advisors to the City Council, some have decision-making authority over specified matters, such as the Planning Commission. City Council Advisory Groups are the community’s volunteer branch of the City government.

The City Council has established 10 Council Advisory Groups, as outlined below with formation documents, duties/responsibilities, membership, meeting schedule, and assigned department:

1. Planning Commission
Formed: by Carpinteria Municipal Code Chapter 2.32.

Duties: Reviews and recommends changes to the General Plan and Zoning Regulations, conducts hearings and decides on applications for development, pursuant to State law and Chapter 2.32 of the Carpinteria Municipal Code.

Membership: The Planning Commission consists of five members with the qualifications for membership being residency within the city at the time of their appointment and during their tenure in office.

Meeting Schedule: Meets the first Monday of every month at the City Council Chambers at 5:30 pm.

Assigned Department: Community Development
Compensation: $60 per meeting attended

2. Architectural Review Board (ARB)
Formed: by Carpinteria Municipal Code Chapter 2.36.

Duties: Evaluates the architectural merit of commercial, residential, and public building projects as established through Chapter 2.36 of the Carpinteria Municipal Code. The Board also advises City staff and the Planning Commission on design standards, architectural and landscape design, and site planning. Board goals are 10 Carpinteria Council Advisory Group Handbook
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1) harmonious, aesthetic development within the City and 2) preservation of the City's natural beauty and visual resources.

Membership: The ARB consists of five members with the qualifications for membership being residency within the City at the time of appointment and during tenure in office and that membership consist of a mix of lay and professional citizens skilled in the interpretation of architectural and landscape drawings and ability to evaluate the effects of proposed development upon surrounding areas.

Meeting Schedule: Set to meet twice a month on Thursdays at the City Council Chambers at 5:30 pm. Oftentimes, one of the two monthly meetings is cancelled due to lack of agenda matters being ready for ARB consideration.

Assigned Department: Community Development
Compensation: $25 per meeting attended

3. Mobile Home Park Rent Stabilization Board (MHPRSB)
Formed: by Carpinteria Municipal Code Section 5.69.030
Duties: The MHPRSB administers the City's rent stabilization ordinance (Carpinteria Municipal Code Chapter 5.69) for the City's mobile home parks. The Boards is empowered to approve, set and adjust the rent schedule and maximum rents for the mobile home tenancies within the City.

Membership: The MHPRSB consists of five members, all of which shall be appointed on an at-large basis.

Meeting Schedule: Meets as needed at City Council Chambers.

Assigned Department: General Government / Community Development Compensation: N/A

4. Carpinteria Open Space Management Advisory Board (COSMAB) Formed: Originally formed as Bluffs Management Advisory Board via Resolution No. 4694 reformed as Carpinteria Open Space Management Board via Resolution No. 6002. Also formed per Deed of Conservation Easement Carpinteria Bluffs Open Space Preserve, recorded October 16, 2000.

Duties: The Board will assist the City in its compliance with the applicable terms of relevant Conservation and Trail Easements. The Board will provide input to the City for the acquisition, creation, development, operation and maintenance of the Coastal open space and City owned or managed trail system. 11 Carpinteria Council Advisory Group Handbook
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Membership: The COSMBAB is comprised of seven members appointed on an atlarge basis.

Meeting Schedule: Meets at 3:00 pm on the third Thursday of every month in the City Council Chambers.

Assigned Department: Parks, Recreation and Community Services Compensation: N/A

5. Integrated Pest Management (IPM) Committee
Formed: by Resolution No. 5355
Duties: The committee focuses on methods to reduce the use of pesticides while considering maintenance standards for City parks, open spaces, roadways, and buildings. Conducts public outreach and information programs to help guide private citizens on best management practices to reduce the use of pesticides in public spaces and prepares an annual report to disclose pest issues encountered and tactics used and/or pesticides used to combat the issues.

Membership: The IPM Committee is comprised of no fewer than five and no more than nine members that include representation from the Parks and Recreation Department, the Public Works Department, the Carpinteria Open Space Management Advisory Board, and at least two at-large community members.

Meeting Schedule: Meets as needed.

Assigned Department: Public Works
Compensation: N/A

6. Tree Advisory Board (TAB)
Formed: by Carpinteria Municipal Code Section 12.28.080 Duties: The TAB assists City Staff in implementation of the City's Street Tree Management Plan, and local regulations established for the maintenance of street trees.

Membership: The TAB consists of five members with the qualifications for membership being residency within the Carpinteria Valley and a composition of a mix of lay citizens and professionals from a pertinent discipline. Carpinteria Municipal Code Section 12.28.080A provides examples of some of the 12 Carpinteria Council Advisory Group Handbook
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characteristics or attributes to be used in creating a composition of board members.

Meeting Schedule: Meets quarterly in the City Hall Council Chambers at 5:30 pm.

Assigned Department: Public Works
Compensation: N/A

7. Downtown “T” Business Advisory Board (DTBAB)
Formed: by Resolution No. 1882 and amended via Resolution No. 5902 Duties: The DTBAB advises the City Council on parking and business improvement matters within the Downtown retail business area of the City. The Board has a duty to file an annual report with the City Council making recommendations on the expenditure of revenues derived from the levy of assessments, an estimate of the costs of providing the improvements and activities, the method used of levying the assessment, the amount of any surpluses carried over from the previous year, and any contributions made from other sources.

Membership: The DTBAB is comprised of seven members with four of those members paying assessments within Parking and Business Improvement District No. 4, and three at-large members from the general public. There are also three alternate assessment paying members in addition to the seven members that may fill-in for any absent assessment-paying member. The position of Chair and Vice Chair are drawn from assessment-paying members only.

Meeting Schedule: Meets the first Thursday of every month at 8:30 am in the City Council Chambers.

Assigned Department: Public Works
Compensation: N/A

8. Environmental Review Committee (ERC)
Formed: by Resolution No. 4082 and amended via Resolution No. 4418 Duties: Its function is to serve the public interest by providing direct input on the City's environmental review process. The Committee is chaired by the Community Development Office who also acts as the Secretary.

Membership: The ERC is a five-member committee made up of the City Manager or his designee, the City Engineer, the Community Development Director or his 13 Carpinteria Council Advisory Group Handbook
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designee, the City Biological Resource Specialist, and a member of the general public.

Meeting Schedule: Meets as needed.

Assigned Department: Community Development
Compensation: N/A

9. Community Development Block Grant (CDBG) Committee
Formed: by Council minute order on December 11, 2006
Duties: The committee’s basic duty is to review grant applications for CDBG funds and to make recommendations to the City Council on which applications to fund and support the community’s interests and help address identified needs. The CDBG Committee shall perform the following functions: (1) establish procedures in conjunction with the Santa Barbara County Housing and Community Development Department for applying for funds, setting criteria for allocations, and making funding recommendations to the City Council; (2) Coordinate CDBG funding so that basic human service needs are met; and (3) Provide recommendations to the City Council concerning matters relating to the CDBG Program. The Committee may adopt such rules and regulations as it may deem necessary to carry out its functions.

Membership: The CDBG Committee is comprised of one member of the Planning Commission, two at-large community members, and one alternate at-large member.

Meeting Schedule: Typically meets in January/February of each year.

Assigned Department: Community Development
Compensation: N/A

10. Library Advisory Commission (LAC)
Formed: by Resolution No. 6074
Duties: Act in an advisory capacity to the Library Board of Trustees and City Librarian in matters pertaining to the management, administration, operation, development, improvement and maintenance of the library.

Membership: The LAC shall be composed of five members representative of the Library service area with an option to expand as needed. The Commission shall be representative of the Library service area population demographic; library user 14 Carpinteria Council Advisory Group Handbook
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groups, including underrepresented user groups; and person(s) knowledgeable in library management and operations.

Meeting Schedule: Meets on the first Monday of each month at 3:30 pm at the Carpinteria Community Library Community Meeting Room.

Assigned Department: Parks, Recreation and Community Services Compensation: $30 per meeting attended
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APPOINTMENT PROCESS & CONDITIONS
Term of Office
Per Carpinteria Municipal Code Section 2.24.010, the term of office for all Council Advisory Groups is set for a period of two years expiring on January 31st of every oddnumbered year; however, terms shall be automatically extended until a successor has been appointed.

Appointment Process
During the biennial (every two years) appointment process all Council Advisory Group member positions shall be open for appointment, regardless if there is currently a sitting member. In November/December of every even year, the City Clerk notifies existing Council Advisory Group members that their terms will be coming to an end and asks if they would like to be re-appointed to their Council Advisory Group. Those members wishing to continue must complete and submit an application to the City Clerk and will be moved forward for Council consideration along with any new applications for appointment at a City Council meeting in January of every odd year. If an existing member wishes to retire/resign, their position will become vacant upon the effective date of resignation/retirement.

On occasion there will be an “Unscheduled Vacancy.” An Unscheduled Vacancy occurs when an individual resigns from a position before their term ends or otherwise leaves office. This also results in a Vacancy Notice being posted. If a vacancy occurs after less than six months of a term, the selection process will begin from applications on file from the prior biennial appointment process. If there are no applications on file from the prior biennial appointment process, the selection process will follow that for a vacancy occurring after more than six months. If a vacancy occurs after more than six months of a term, the vacancy will be posted and the application and nomination/selection process will begin.

For those interested in serving on a Council Advisory Group, an application and supplemental questionnaire (both available on the City’s website) pertaining to the Council Advisory Group to which they wish to be appointed must be filled out and turned in to the City Clerk. The City Clerk will notify the individual when the City Council will make appointments to the Council Advisory Group and encourages the individual to attend the Council meeting to make a brief statement about their qualifications for the Council Advisory Group and/or respond to any questions from the Council. The City Council has the sole discretion in making appointments to Council Advisory Groups and as such there is no guarantee the City Council will make an appointment even if there is an open Council Advisory Group position and an interested individual(s).

The City Clerk’s Office prepares a “Local Appointments List” which reflects the Council Advisory Group members names, when their terms expire and how many terms they have 16 Carpinteria Council Advisory Group Handbook
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been appointed. This list is updated annually in December as required by the Maddy Act (California State Law). Posting this list on the website and at City Hall and the Community Library allows residents to see when vacancies will occur.

Appointment of Employee’s Relative
It shall be the applicant’s responsibility to disclose any relation to a current City employee, particularly in the City department the Council Advisory Group serves. Employed Relative is defined as an employee with a familial relationship to either the Council Advisory Group member or the member’s spouse as follows:

Relative of Member Relative of Member’s Spouse
Spouse Brother
Brother Sister
Sister Parent or Step Parent
Brother’s Spouse Grandparent
Sister’s Spouse Child or Step Child
Grandparent
Child or Step Child
Child’s Spouse
Furthermore, the member shall agree to abstain from any discussion or recommendation on matters that may directly or indirectly benefit, influence, or affect their Employed Relative. A member shall not become involved in any way to seek influence on behalf of the Employed Relative or become involved in any way with the supervision of work performance of the Employed Relative. Failure to follow these requirements and guidelines may lead to a member being removed from their appointment by the Council.

Appointment of Relatives of City Council or City Manager No relative of a member of the City Council or of the City Manager shall be appointed to or serve on any Council Advisory Group. If any such relationship arises, the relative’s seat is immediately vacated. “Relative” shall be defined as a City Councilmember’s or City Manager’s:
• Spouse
• Sibling
• Child or Step Child
• Child’s Spouse
• Brother’s Spouse / Sister’s Spouse
• Parent / Parent-in-law
• Grandparent / Souse’s grandparent
• Grandchild
• Cousin
• Uncle or Aunt
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• Nephew or Niece
Immediate Family Members Serving on Same Council Advisory Group Immediate family members (defined as legal partner, spouse, or children) are prohibited from serving on the same Council Advisory Group.

Individual Serving on Multiple Council Advisory Groups
The City Council discourages individuals from serving on multiple Council Advisory Groups in order to allow all interested individuals to have a chance to serve.

Removal from Office
All Council Advisory Group members serve at the pleasure of the City Council.

Carpinteria Municipal Code Section 2.24.010 states that the City Council may declare the seat of any Council Advisory Group member vacant by a majority vote of the Council and such vacant seat may be filled for the unexpired term.

Leaving Office
Council Advisory Group members may resign at any time. Sixty (60) days’ notice is suggested to enable a replacement to be identified and appointed without causing a gap in a Council Advisory Group membership. Each Council Advisory Group member must file a Fair Political Practices (FFPC) Form 700 Leaving Office Statement within 30 days of leaving office – See Conflict of Interest section later in this Handbook.

Qualifications
Generally, individuals appointed to Council Advisory Groups must be residents of the City when appointed and remain a resident through the entire time during their appointment.

Some Council Advisory Groups have special or additional membership requirements for particular backgrounds/expertise and do not require residency, but do require owning, operating, or managing a business enterprise within the City.

Specific qualifications for each Board, Commission or Committee are listed above under Council Advisory Groups section.

Attendance
Members are expected to attend all scheduled meetings and should make every effort to do so. The City Council wants the collective benefit of each member’s participation and judgment on every issue. Council Advisory Group members who cannot attend a meeting should contact their staff liaison.
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When a member does not attend two consecutive regular meetings, unless excused, the position of such member shall be deemed vacant and the term of such member terminated. The Chair of the Council Advisory Group and/or staff liaison shall monitor the attendance of members and shall notify the City Manager of any members who have missed more than two consecutive Council Advisory Group meetings without the member being excused for their absence.

Council Advisory Group members who are unable to continue their service for health, business, or personal reasons should submit a letter of resignation to the staff liaison and the City Clerk’s Office.

Independent Governmental Agency Appointments
The City Council also makes citizen appointments to the following independent governmental agencies. Since these are independent governmental agencies, they are not bound by the City of Carpinteria CAG Handbook. Each of these governmental agencies/bodies develops their own regulations.

Independent Governmental Agency Appointments
Name Website
Santa Barbara Mosquito and Vector
Management District
https://www.mvmdistrict.org/
Community Media Access Center Board
of Directors
https://tvsantabarbara.org/
County Library Advisory Committee https://www.countyofsb.org/1348/CountyLibrary-Advisory-Committee 19 Carpinteria Council Advisory Group Handbook
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ORGANIZATIONAL REQUIREMENTS AND DUTIES
Election of Chair and Vice Chair
In February of each year, all Council Advisory Groups elect a Chair and Vice Chair from its membership for a one-year term. For the Downtown “T” Business Advisory Board, the Chair and Vice Chair will be limited to assessment-paying members only.

Roles and Responsibilities
Although the specific duties of each of the City’s Council Advisory Groups vary widely with the purpose for which they are formed, there are certain roles and responsibilities that are common to all Council Advisory Group members.

The following is a summary of the important roles and responsibilities of Council Advisory Group members to assist members to maximize their contributions to the City.

New Member Orientation
Whenever a new member joins a Council Advisory Group, a new team must be developed. An effective orientation program begins immediately following appointment and continues until the member comes up to speed. Early orientation of new members helps the Council Advisory Group keep up its momentum instead of making time while the new member struggles to figure everything out alone. It also helps prevent misunderstandings, which may have long-lasting effects, and that all decisions are based on full-member knowledge.

If the new member is to be able to participate quickly and knowledgeably in decisionmaking, they need to know such things as the following before attending the first meeting:
a. How the group operates.
b. What the group’s responsibilities are.
c. What the annual work plan is.
d. What decisions the group faces immediately.
e. What and why plans and actions have been formulated. f. Laws affecting the Council Advisory Group.
g. Resources available.

An effective orientation program begins with the Council Advisory Group staff liaison, and will include the Chair, and Council Advisory Group members starting at their first meeting.

New members will be given this Handbook and must fill out the attached Acknowledgment of Receipt and Statement of Commitment (found in the Appendix to this Handbook) and return it to the City Clerk’s Office. Failure to do so may result in the member being removed from the Council Advisory Group by the City Council. 20 Carpinteria Council Advisory Group Handbook
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City Clerk’s Staff Role
a. Advise applicants of the date of the City Council meeting for appointments and encourage they attend the Council meeting to make a statement and/or respond to questions from the Council.
b. Advise of Form 700 filing obligation (if applicable) and Ethics Training requirement. c. Prepare Certificates of Appointment.
d. Give “Oath of Office” to new appointee.
e. Upon approval, email PDF copy of Handbook.

Staff Liaison’s Role
a. Make contact as soon as possible and welcome members after City Council approval of the appointment.
b. Ensure member received a copy of this Handbook to review. c. Schedule a time to review the contents of the Handbook and go over the duties and responsibilities pertaining to the particular Council Advisory Group. d. Arrange a tour of the department and City facilities and introduce City staff members.
e. Discuss the Council Advisory Group’s projects and goals, and pertinent departmental goals and objectives.
f. Indicate date, time, and place of next meeting.
g. Brief the new member of pending issues to come before the group at its next meeting to give the new member maximum time for needed background study. h. Provide minutes of recent meetings.
i. Ensure that an “Oath of Office” is conducted by the City Clerk’s Office before attending their first meeting.
j. Monitor the attendance of members and notify the City Manager of any members who have missed more than two consecutive Council Advisory Group meetings without the member being excused for their absence.

City staff provide professional support for several of the Council Advisory Groups.

Effective Council Advisory Groups develop a partnership with the City staff based upon mutual understanding and acceptance of roles and responsibilities. Key staff liaison responsibilities include:
a. Making sure agendas and reports are readily available for the public. b. Making sure the adequate room and equipment are available for the meeting. c. Being informed about the latest developments in their field such as changes in State law.
d. Actively participating in meetings by providing background and expressing views to the Council Advisory Group on agenda items.
e. Making a professional recommendation on every issue presented on the agenda. f. Alerting Council Advisory Group members of possible detrimental impacts from proposed actions.
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g. Interpreting City Council and administrative policies for the Council Advisory Group.
h. Record the meeting (audio, video, or both) and prepare action minutes of the proceedings.

Member’s Role
a. Chair and all members need to make the new member feel welcomed and a respected participant.
b. Encourage the new member’s questions and participation with a willingness to take additional time to provide background on issues and actions, which started before their term began.
c. Avoid projecting an impression of “clubbiness” among existing members. d. Be willing to hear and consider new or alternate approaches to problems and proposed actions. Infusion of new thinking should be viewed as a valued new resource and not an opportunity for a senior board member to put down.

Do Your Homework
It is extremely important that Council Advisory Group members do their homework before each meeting. This involves thoroughly reviewing the agenda and staff reports. It also may mean making on-site visits if the agenda issue involves a site or facility.

Members should also endeavor to maintain an objective attitude in their fact finding.

Remember that there are always at least two sides to every issue. Some members do not do their homework and try to “wing” it or catch-up at the meeting. This ploy is obvious to colleagues and is considered bad manners.

Be Representative of the Whole City
One of the difficult on-going dilemmas for a Council Advisory Group member is balanced representation. Should the member represent a specific group, District or the entire community? While the City Council may have appointed a member because that person represents a specific interest group, the City Council expects appointees to broaden their viewpoint. The question “What is best for the entire community?” should take precedence over “What is best for a special interest group?”
Be Careful to Represent the Council Advisory Group
Individual Council Advisory Group members should not represent their personal views or recommendations as those of the Council Advisory Group. Members making recommendations or expressing views not approved by a majority of the Council Advisory Group should indicate that they are representing themselves as individuals and not the Council Advisory Group.
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Public statements should contain no promises to the public that purport to be binding on the Council Advisory Group, City staff, or City Council. When making statements to the press, members should indicate if Council Advisory Group actions are recommendations and, if so, that final action will be taken by the City Council. Comments to the press and public should be factual.

Be Conscious of the City Council Expectations
The City Council relies upon thorough, unbiased recommendations from its Council Advisory Groups. Do not embarrass the City Council with “politically popular but impractical” recommendations.

Do not get upset or offended if your group’s recommendation is not adopted by the City Council. Your recommendation is one of several factors the City Council takes into consideration when making a decision. Remember they are directly accountable to the public.

Become the “Eyes and Ears” of the City Council
As an influential member of the community, the Council Advisory Group member is in a unique position of serving as a liaison between the City and its citizens in helping to reconcile contradictory viewpoints and to build a consensus around common goals and objectives. The Council Advisory Group member serves as a communication link to the community, presenting City programs and recommendations, and also providing a channel for citizen expression. Council Advisory Group members should explain and promote policies established by the City Council.

If a member is not careful, this communication channel may break down such as when Council Advisory Group members substitute their own opinions for those of the general public. This is seldom malicious or even intentional, but results in ineffective representation.

Be Conscious of the Relationship with the City Council and City Staff Supportive relationships with the City Councill and City staff are basic for successful operation of any Council Advisory Group.

In contacting City staff on Council Advisory Group business, the proper channel is through the Chair to the staff liaison.

City staff is required by the City Council to make individual recommendations, which may or may not agree with those of the Council Advisory Group. City staff is required to fairly present and explain the staff recommendation and the Council Advisory Group’s recommendations, but will not defend them if in disagreement. 23 Carpinteria Council Advisory Group Handbook
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When appropriate, the Chair or delegated representative should communicate in writing or be present at the City Council meeting to report on the Council Advisory Group recommendations. This is particularly true when the City staff recommendation is not in accord with the approved position of the Council Advisory Group on a given issue. What the City Council seeks is full and complete information including a range of options on a given issue.

Disagreements
A Council Advisory Group or individual member may disagree with the City Council on any matter, but once the City Council has established its position on a matter, the Council Advisory Group should not do anything contrary to the established policies and programs adopted by the City Council. If personal ethical problems arise, the resignation from the Council Advisory Group is the appropriate response.

Establish a Good Working Relationship with Other Council Advisory Group Members
On many occasions, the success or failure of the efforts of Council Advisory Groups is largely dependent on the degree of cooperation among the individual members of the group. To help build a consensus around common goals and objectives, members will often have to first reconcile contradictory viewpoints and show a willingness to objectively consider the real issues.

Another way of developing this cooperation is for each member to ensure that meetings proceed in an orderly and constructive manner. The Chair is primarily responsible for seeing that consideration of agenda items moves along without delay, but with reasonable time allocated to each item. Each member can assist the Chair by becoming familiar with the basic rules of parliamentary procedure and by adequate preparation of any presentations made to the group.

Other important points that each member should consider in working with other members are:

1. Respect colleagues’ viewpoints even though they may be opposite of yours.

2. Practice civility when discussing contentious matters.

3. Allow other members adequate time to present their views fully before making comments on their views.

4. Be open and honest at all times.

5. Recognize new Council Advisory Group members and see that they are made welcome.

Understand the Role and Scope of Responsibility of the Council Advisory Group One of the first responsibilities of a Council Advisory Group member is to be informed of the group’s role and scope of responsibility. The role of the Council Advisory Group includes advising the City Council on specific City program areas and related policies. In 24 Carpinteria Council Advisory Group Handbook
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addition, some Council Advisory Groups have some decision-making responsibilities, such as the Planning Commission. An overview of the general roles is discussed below:

Roles include:

1. Expressing views on programs and policies within the Council Advisory Group’s authorized area of responsibility.

2. Focusing issues for the City Council by identifying pros, cons, alternatives, and possible actions.

3. Holding forums for members of the public to express their views on community issues within the Council Advisory Group’s area of responsibility.

4. Serving the general interest of the City rather than specific interest groups or special program areas.

5. Putting self in the role of the City’s general interest; balancing competing priorities and demand for resources.

6. Assuring consideration of community values and goals in the Council Advisory Group’s scope of interest.

7. Completing the Council Advisory Group annual work plans.

8. Educating the public on the democratic process and subject matters within the Council Advisory Group’s area of responsibility.

The education role is especially important and should not be discounted. For many residents, a Council Advisory Group meeting may be their first and only contact with City Hall. The Council Advisory Group’s job is to not only deal with the issue, but also represent the City and demonstrate how the democratic process works.

Roles do not include:

1. Becoming involved in the administrative matters of the City departments. The Carpinteria Municipal Code specifies that the City Manager is responsible for the oversight of administration and operations.

2. Directing City staff to initiate programs or conduct studies.

3. Establishing departmental work programs (as opposed to Council Advisory Group) and determining departmental priorities. Work programs and priorities are established through the Annual Work Plan process and are managed by the City Manager.

4. Taking unilateral action as a City representative such as attempting to resolve a complaint. Resident complaints about City services or programs should be referred to City staff for assistance.

5. Serving as advocates for departmental budgets, programs, or policies.

6. Discussing or considering personnel matters dealing with hiring, transfers, terminations, or discipline of City employees.

7. Serving the specific interests of special groups at the expense of the overall interests of the City.
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The City Council may remove a Council Advisory Group member from their seat if they do not follow the role and scope of responsibility of their particular Council Advisory Group.

Working with the Media
Members should be aware that any statements or opinions made to representatives of the media could be considered “on the record” by reporters. Such statements should always be made in consideration of the likelihood that they will be printed or broadcasted.

You may not make a statement representing your Advisory Group, unless the Group at a meeting made a motion that you can represent them on this matter with the media. When giving any statements, ensure without this authority that you state the comments/opinions are from you, as a resident, not as a representative of the Advisory Group.

Participation in Political Activities
Local government elections in California are nonpartisan. City Council appointments to Council Advisory Groups are made without regard to political party affiliation. Acceptance of an appointment to a Council Advisory Group does not in any manner restrict citizen participation in political activities of an individual’s choosing at any level of government be it local, state, or federal. However, members should not use their appointed role or title in the conduct of political activity.
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CONFLICTS OF INTEREST
The Political Reform Act of 1974 (Government Code Sections 81000, et seq.), which was approved by the voters of the State of California, is intended to prevent conflicts of interest by requiring public officials to disclose certain personal financial interests, which could foreseeably cause conflicts. In addition, a public official may be required to disqualify themselves from making, participating in, or attempting to influence any government decisions which will affect any of their financial interests, not just those that are required to be disclosed. Most Council Advisory Group appointees (see table below) will be required to complete/file a Fair Political Practices Commission Form 700.

Council Advisory Group Form 700 Required? Ethics Training Required?
Planning Commission Yes Yes
Architectural Review Board Yes Yes
Mobile Home Park Rent
Stabilization Board
Yes Yes
Carpinteria Open Space
Management Advisory
Board
No Yes
Integrated Pest
Management Committee
No Yes
Tree Advisory Board No Yes
Downtown “T” Business
Advisory Board
Yes Yes
Environmental Review
Committee
No Yes
Community Development
Block Grant Committee
No Yes
Library Advisory
Commission
Yes Yes
The City of Carpinteria has adopted a local conflict of interest code as required by the Political Reform Act. This Act requires the financial disclosure of interests by certain individuals who are in decision-making positions within state and local government.

Prior to a meeting, you should review the agenda to evaluate potential financial conflicts of interest on actions to be taken. If you have a conflict of interest, or think you may have a conflict of interest, alert the staff liaison, Chair, or the City Clerk immediately, and you should not directly or indirectly influence City staff, Council Advisory Group members, the proceedings, or the vote. At the subject meeting, you may be required to state the basis for your conflict of interest immediately after the Chair announces the time for consideration. For example, “Madame Chair, I have a conflict of interest on this item because (state reason)…, and I will not be participating in the deliberations.” The minutes 27 Carpinteria Council Advisory Group Handbook
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will reflect that you stated the conflict and did not participate in any way in the proceedings or the vote.

The penalties for violating the conflict-of-interest laws are serious and may include fines and criminal prosecution.

When a conflict of interest is declared on an item, you must leave the meeting and not participate in the decision-making process for that item.

A Council Advisory Group member will not be allowed to participate in meetings if their Form 700 statements are not completed and filed with the City Clerk’s Office, and failure to do so in a timely manner may be cause for termination of the position.

Assuming Office Statement
As an appointed Council Advisory Group member, you are required to complete and file the appropriate conflict of interest forms (Form 700) within thirty (30) days after the date you assumed office (date the City Council appointed you). Forms and assistance will be provided by the City Clerk’s Office. Financial disclosure forms are filed with the City Clerk, as a matter of public record.

All economic disclosure documents are filed online via the eDisclosure system. The City Clerk’s Office will send a notification to your email address with links and instructions for filing online. The email will come from [email protected], so please be sure to monitor your email regularly for this notification. You will receive a welcome email and a separate email with your login ID (your provided email address) and your temporary password.

The notification will include information on how to e-file your Assuming Office Statement:

1. Log in to the system at https://CarpinteriaCity.southtechhosting.com/eDisclosure/.

2. Use the email address you provided as your Login ID.

3. Setup your permanent password.

4. Login to begin the Form 700 filing process.

When you are satisfied with the document, please e-file your document. You do NOT have to print, sign, and submit a paper copy of your e-filed statement.

If you have any questions about a possible conflict of interest, the City Attorney’s Office is available to assist you. The Fair Political Practices Commission (FPPC) Office is also available at their toll-free telephone number 866-ASK-FPPC (866-275-3772), via email at [email protected], or at www.fppc.ca.gov, to answer questions regarding a conflict of interest, disclosure of certain personal financial interests, or when the law requires disqualification.
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Annual Statements
Members are required to file annual conflict of interest forms during their term (due each year in April). The City Clerk will annually notify all members of their requirement to file Form 700 in advance of the due date.

Notifications regarding the filing deadline are sent to the email address you provided. As stated previously, the email will come from
[email protected], so please be sure to monitor your email regularly for this notification.

Leaving Office Statements
You are required to complete and file the appropriate conflict of interest forms within thirty (30) days after the date you leave office.

Once the City Clerk is notified of your leaving office, the City Clerk’s Office (via [email protected] email address) sends you notification to e-file your leaving office statement.

Ethics Laws
Council Advisory Group members commit to spending significant amounts of time in service to the City; and they also assume a responsibility to work for the betterment of the City. Ethics laws impose rules on the manner in which public officials conduct themselves.

The goal of ethics laws is to maximize the likelihood that the decisions of a public agency are made solely with the public’s interests in mind. The laws frequently strive to avoid even the appearance of impropriety as well as actual improprieties. Ethics laws represent the minimum standards for the conduct of public officials.

State law requires local agency officials to attend ethics training. The basic requirement is two hours no later than one year from the date appointed and thereafter two hours at least once every two years. An online training program is available that will allow you to satisfy the requirements of Assembly Bill 1234 on a cost-free basis. Upon appointment, the City Clerk’s Office will send you a link to complete your online ethics training through the Fair Political Practices Commission. Print the completion certificate (make sure your certificate shows at least 2 hours of training), sign, and submit electronically or by paper to the City Clerk’s Office.

A Council Advisory Group member will not be allowed to participate in meetings if their ethics completion certificate has not been timely completed and filed with the City Clerk’s Office, and failure to do so may be cause for termination of the position. 29 Carpinteria Council Advisory Group Handbook
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MEETING GUIDELINES
Meeting Types
All Council Advisory Group meetings are governed by the Ralph M. Brown Act (Brown Act), California Government Code Section 54950 et seq.
• Regular Meetings
Regular meetings shall be held at a regular date, time and place, which the Council Advisory Group has approved. Regular meetings may be rescheduled with the posting of a Notice of Rescheduled Meeting. Meetings may be cancelled due to a lack of business or if a quorum cannot be obtained. Regular meetings require a 72-hour noticing of the agenda. Agenda materials shall be available to the public in attendance at meetings.
• Special Meetings
Special meetings are those meetings held outside the regular meeting date and time. Special meetings may be held at any time upon the call of the Chair or a majority of Council Advisory Group members. The agenda for such meetings is required to be posted 24-hours before the meeting.
• Joint Meetings
From time to time, it may be necessary for a joint meeting to be held between the City Council and Architectural Review Board and/or Planning Commission. The purpose of such joint meeting could be for a conceptual review of a development project, receiving updates on new housing laws, etc.

Quorum
A Council Advisory Group can only transact business when a quorum is present at the meeting. A majority of the members of the Council Advisory Group constitutes a quorum.

For a group size of five members, a quorum is three members while for a seven-member group, the quorum is four. For those Council Advisory Groups that have alternate members (such as the Downtown “T” Business Advisory Board), when an assessmentpaying member is absent, an alternate assessment-paying member may fill-in and act as a voting member on the Board. If all regular members are present in addition to any alternate members, the alternate members present would be non-voting members.

If a quorum is not present, the meeting cannot be convened. If during the meeting a quorum is no longer present, the members present must adjourn the meeting. If no members are present, the staff liaison may adjourn the meeting. 30 Carpinteria Council Advisory Group Handbook
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Ralph M. Brown Act (California State Law)
Also see Open & Public VI – A Guide to the Ralph M. Brown Act included in the Appendix to this Handbook.

The Brown Act, described as one of the strongest open meeting laws in the United States, is designed to ensure that public meetings are conducted openly without restrictions on the right of the public to attend or to make comments. The salient purpose of the Brown Act is to protect the public’s right to be informed. Provisions of the Brown Act open meeting law include:
a. The Brown Act applies to all City Council Advisory Groups. b. In general, a meeting is a quorum (majority of members) of the Council Advisory Group, no matter how informal, or where business is discussed or transacted. c. Generally, the Brown Act does not apply to ad hoc subcommittees of the Council Advisory Group composed solely of its members, which are less than a quorum.

However, standing committees that have been formally established by the City Council and which have either a continuing subject matter jurisdiction or a set meeting schedule are subject to the Brown Act.
d. In general, a meeting between a subcommittee of a Council Advisory Group and a subcommittee of the City Council may constitute a public meeting subject to the Brown Act.
e. It was once thought that in order for a “meeting” to occur that was subject to the Brown Act, “action” had to be taken at that meeting. A meeting under the Brown Act includes not only action, but also deliberation conducted by the Council Advisory Group.
f. Serial meetings occur when a majority of the members privately confer with each other in tandem on City business. Serial meeting may be a chain, in which Member A contacts Member B, B then contacts C, C contacts D, and so on, until a quorum is involved. Serial meetings also occur when a majority of the Council Advisory Group members confer with each other through an intermediary, by e-mail, text, or phone (e.g. when City staff sends out an agenda to all members and a member replies all, that may be considered a serial meeting). A Council Advisory Group member has the right to confer with a colleague about public business; but if and when a “collective concurrence as to action to be taken” is reached by a quorum of members, the Brown Act is violated. Serial meetings yield a process that deprives the public the opportunity for a meaningful contribution to the decisionmaking process. Council Advisory Group members should be alert to the possibility of serial meetings when engaging in discussion with their colleagues on a matter within the subject jurisdiction of the Council Advisory Group. g. In most cases, the law requires that the agenda for all meetings be in writing and posted 72 hours before the scheduled time of the meeting. No action can be taken on any matter that has not been listed on the agenda.
h. The agenda must allow for the public to speak on issues within the jurisdiction of the Council Advisory Group.
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i. Members of the public cannot be required to give their names, or otherwise identify themselves, as a condition of attendance at Council Advisory Group meetings. j. Members of the public have the right to record the meeting proceedings in the absence of a reasonable finding of the Council Advisory Group that such recording constitutes a disruption of the proceedings.
k. Secret ballots even when conducted in public are prohibited by the Brown Act. l. Attendance of members of the Council Advisory Group at a purely social or ceremonial occasion is permitted, provided the members do not discuss official business among themselves.

Virtual/Teleconference Meetings
The Brown Act does allow for members to participate remotely with some additional rules.

1. The address of where the member will be participating must be on the agenda and the location must be open to the public.

2. The agenda must be posted at the offsite location and follow the 72-hour noticing requirement.

3. The teleconference location must be accessible to the public, including permitting the public to participate in public comment from that location.

4. A quorum of the Council Advisory Group must participate in the meeting from locations within the City’s jurisdiction.

5. All votes take during a teleconference meeting must be by roll call.

Those Council Advisory Group members who wish to participate in a meeting remotely, need to let the staff liaison know in advance to ensure the above rules are followed.

Meeting Agenda
The agenda focuses on the discussion at the meeting by specifying topics and the order in which they will be taken up. In accordance with the Brown Act, the Council Advisory Group may not take action on any item that did not appear on the posted agenda prior to the meeting unless an exception is permitted under Government Code Section 54954.2.

The agenda must be posted on the City’s website and posted on the Public Notices Board at City Hall and/or the Community Library (e.g. for the Library Advisory Commission).

Order of Business
The agenda is prepared by City staff and is made available to Council Advisory Group members prior to the meeting so that members can review it before the meeting is held.

The agenda is generally laid out in accordance with the following order of business unless otherwise specified:
• Call to Order
• Roll Call
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• Public Comment on Items Not on the Agenda
• Consent Calendar
• Approval of Minutes
• Regular Business Items
• Council Advisory Group Communications
• Staff Communications
• Adjournment
Placing an Item on the Agenda
Either the Chair or at least two Council Advisory Group members can request an item be placed on a future agenda by bringing it up at a regular meeting under Council Advisory Group Communications. The Council Advisory Group will make a determination (i.e. majority of the Council Advisory Group) if the item should be agendized and at what meeting.

Consideration and Action on an Agenda Item
The agenda constitutes the Council Advisory Group’s road map for the meeting. Most agenda items can be handled with the following 4-step process:

1. Presenting Item
a. Opening Item – The Chair should announce the agenda item number and subject. The Chair should then announce any special procedures to be followed (e.g., if the item is a quasi-public hearing). This is also when the members would announce their conflict of interest, if any exists, recuse themselves, and leave the room.
b. Hearing the Report – The Chair should invite the appropriate people (typically the staff liaison) to report on the item. Verbal presentations should be short, so as not to repeat basic information included in the agenda packet. The Chair may provide an opportunity for members to ask any clarifying questions of the person providing the report. This not preferred as questioning tends to segue into position statements before public input is taken, which is inconsistent with open meeting principles.

2. Asking for Public Input – The Chair opens the meeting to public input. The Chair may limit speakers’ time. The standard time is three minutes per speaker per item.

3. Considering the Item – The Chair requests the Council Advisory Group deliberate.

Member deliberation would include: questions of the person(s) making the report or others with relevant knowledge, alternatives to the recommendation, additional considerations not previously stated, additional relevant facts and opinions. Time committed to deliberation should be adequate to allow the sense of the Council Advisory Group to emerge.
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4. Council Advisory Group Decision – The Council Advisory Group acts by a motion and voting. For all action items, the Chair should invite a motion from the members. Once a motion is made, the Chair should ask for a second. Once a motion and second are made, the Chair should allow any additional desired discussion. Questions for clarification of the motion should be heard at this time.

The Chair shall ask for the vote and publicly report any action taken and the vote on that action, e.g. the motion passes 3-2, with Council Advisory Group members A and B opposed.

Staff Reports / Staff Memos
Well written staff reports / staff memos are an indispensable part of the Council Advisory Group process. They are used to provide background information and frame the issue for the Council Advisory Group. Staff reports/memos should anticipate the important questions regarding the issue. In addition, staff reports should include a chronology of events or actions, an analysis of the issues, and alternative approaches. Every staff report/memo should also include a staff recommendation presenting the staff’s best professional judgment. Council Advisory Group members are not compelled to follow the staff recommendation if they do not agree.

Chair Responsibilities
The Chair is the key to the effectiveness of this group process and can be likened to the team captain. The Chair provides group direction and sets the tone for meetings. The Chair presides over all Council Advisory Group meetings and has the authority to preserve order at the meetings. This includes removing any person from a meeting for disorderly conduct, enforcing the rules of the Council Advisory Group, and determining the order of business under the rules of the Council Advisory Group.

The Chair must balance being strong enough to move the meeting along and democratic enough to involve all members in the meeting. To be effective the Chair needs the support of the members. Trust is built by even-handedness and fairness to all the participants. It also means that a Chair does not use the powers of the Chair unfairly to win a point or argument.

An effective Chair:
a. Prevents dominant Council Advisory Group members from having a disproportionate influence.
b. Defends all members from public and colleague abuse. c. Solicits opinions, feelings, and positions from reticent members. d. Keeps new thoughts from being rejected prior to fair evaluation. e. Discourages blame-oriented statements.
f. Keeps the discussion focused on the problem.
g. Encourages the generation of alternative solutions.
h. Delays evaluation and analysis of alternatives until all are on the table. 34 Carpinteria Council Advisory Group Handbook
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i. Guides the process of screening alternatives and selecting the solution. j. Attempts to obtain consensus.
k. Moves the meeting along and does not let the group drift off the subject at hand.

Absence of Chairperson
The Vice Chair acts in the absence or disability of the Chair. When the Chair and Vice Chair are absent from any meeting of the Council Advisory Group, the members present may choose another member to act as Chair Pro Tempore, and that person has the powers of the Chair for that meeting.

Member Meeting Responsibilities
Members of Council Advisory Groups also have a responsibility for making sure the meeting runs smoothly. Member responsibilities include:
a. Helping the Chair move the meeting along.
b. Obtaining recognition from the Chair before speaking. c. Limiting remarks to the issue being considered.
d. Asking clarifying questions if something is not understood. e. Respecting colleagues’ rights.
f. Explaining the reasoning behind significant decisions. g. Raising concerns and objections at the meeting rather than after the meeting. h. Always behaving and representing the City in a professional manner. This applies to the demeanor and behavior during a meeting. When attending a virtual meeting, follow the same rules and regulations that would apply to attending a meeting inperson in a City facility. This includes no smoking, no vaping, no consumption of alcohol and no profanity during any public meetings. (Also when attending virtually, keep mic off unless speaking).

Public Participation
One of the most important functions of a Council Advisory Group is to obtain increased public input and participation. The skillful Council Advisory Group is able to obtain public input by practicing positive encouragement measures.

Here are some steps that will increase the public’s willingness to participate:
a. Recognize that some people are fearful or anxious at a meeting. It may be the first time a person has addressed a public group. The Chair may try to calm and assure the individual.
b. Show patience – imagine yourself addressing the Council Advisory Group. c. The Chair should keep the audience informed of the process and procedures that are being followed.
d. Before each item is considered, the Chair should describe the item and the possible actions identified.
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e. Members should project a feeling of fairness, understanding, and graciousness as circumstances permit. Members should be considerate of all interests, attitudes, and differences of opinion.
f. Members should take care to observe the appearance as well as the principle of impartiality.
g. Members should go through the Chair and try to avoid speaker-to-audience conversation. The purpose of hearing the public is usually to help the Council Advisory Group to act, not to encourage debate or argument with the public. h. Do not spend too much time on routine items such as correcting the minutes. This is especially important when an audience is presented.
i. Relations with the City Council should also be kept in mind in communicating with the public or the media. Council Advisory Group members are considered by the public to be representatives of and spokespersons for the official City family.

Because policy decisions are the sole responsibility of the City Council, it is inappropriate for Council Advisory Group members, as representatives of the City, to publicly criticize established City policies or Councilmembers. If personal ethical problems arise, resignation from the Council Advisory Group is the appropriate response. This does not in any way preclude a member’s responsibility to advocate their position on a policy matter prior to the decision on an official policy.

Public Hearings
Note: The only Council Advisory Group to hold public hearings is the Planning Commission.

The Council Advisory Group procedure for the conduct of public hearings is generally as follows:
a. The public hearing must have been noticed.
b. Council Advisory Group members disclose any ex parte communications (see next section).
c. The Chair opens the public hearing.
d. City staff presents its report.
e. Council Advisory Group members may ask questions of City staff if they so desire. f. The applicant or appellant then has the opportunity to present comments, testimony, or arguments. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony.
g. Members of the public are provided with the opportunity to present their comments, testimony, or arguments (time limit of 3 minutes per person per item). h. The applicant or appellant is given an opportunity for rebuttal or closing comments.

In the case of an appeal when the appellant is different from the applicant, the appellant is given the opportunity for closing comments. i. The public hearing is closed.
j. The Council Advisory Group deliberates on the issue. 36 Carpinteria Council Advisory Group Handbook
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k. If the Council Advisory Group raises new issues through deliberation and seeks to take additional public testimony (questions of the applicant, or the public), the public hearing must be reopened. At the conclusion of the public testimony, the public hearing is again closed.
l. The Council Advisory Group deliberates and takes action.

Ex Parte Communications
The Council Advisory Group (e.g. Planning Commission) sometimes acts in a quasijudicial capacity (or “like a judge”) when it applies existing laws to specific facts at a public hearing concerning one person or a small number of people rather than the entire City.

The most common quasi-judicial matters that come before the Planning Commission relate to ruling on whether to grant land use entitlements, such as permits, licenses, or land use entitlements.

Ex parte communications are substantive oral or individual written communications or sensory observations concerning quasi-judicial matters that occur outside of noticed public hearings. Communications include conversations, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to the Council Advisory Group member. Casual or non-substantive communications do not violate the due process rights of non-present parties. This rule prohibiting ex parte communications in quasi-judicial proceedings is designed to ensure fairness and procedural due process for all parties.

Public Discussion at Hearings
When a matter for public hearing comes before the Council Advisory Group, the Chair will open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Chair will inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter.

There is a standard 3-minute time limit for each speaker per agenda item. a. Public Member Request to Speak – Any person desiring to speak or present evidence shall make their presence known to the Chair and upon being recognized by the Chair, the person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the Chair. b. Council Advisory Group Questions of Speakers – Members of the Council Advisory Group who wish to ask questions of the speakers or each other during the public hearing portion may do so, but only after first being recognized by the Chair.

Interaction with the speaker shall be limited to a question or questions, rather than an ongoing dialogue. Members should avoid raising questions as a method to extend the allocated time for a speaker.
c. Due Process – The Chair shall conduct the meeting in such a manner as to afford due process.
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d. Public Oral Presentations – All Council Advisory Group rules pertaining to oral presentation by members of the public apply during public hearings. e. Materials for Public Record – All persons interested in the matter being heard by the Council Advisory Group shall be entitled to submit written evidence or remarks, as well as other graphic evidence. Written communications and petitions concerning the subject matter of the hearing will be noted, read aloud, or summarized by the Chair. A reading in full shall take place if requested by the City as part of the record.
f. Germain Comments – No person will be permitted during the hearing to speak about matters or present evidence that is not germane to the matter being considered. A determination of relevance shall be made by the Chair, but may be appealed to the full Council Advisory Group.

Continuance of Hearings
At any time it appears to the Chair or the majority of the Council Advisory Group, through the Chair, that inadequate evidence has been presented to afford judicious consideration of any matter before the Council Advisory Group at any time of a public hearing, continuation of such hearing may be ordered to afford the applicant, their opponents or City staff adequate time to assemble additional evidence for the Council Advisory Group’s consideration. Any continuation ordered by the Council Advisory Group through the Chair shall be to a date certain, which date shall be publicly announced and shall constitute notice to the applicant and his opponents at the time and place that such further evidence shall be taken. Public announcements provided for in this chapter, shall constitute notice to the applicant and their opponents as to the time and place for further evidence to be taken by the Council Advisory Group.

Listening Skills
Effective meetings require members who have developed their listening skills. Although listening often is considered a passive condition, it is exactly the opposite. Listening is hard work and requires definite commitment and personal discipline. The listener must deliberately prepare to listen and the quality of that listening deteriorates as they may be carried away with the events of the moment.

Perhaps the chief requirement for effective listening is to “have room” to tend to others.

If you are preoccupied with your own thoughts and feelings, you will not be available to actively listen. People who give relaxed, open attention to others are rated as effective listeners and better recall what has been said. Active listeners signal their attention and availability both verbally (“I would like to listen to you now”) and non-verbally (by not fidgeting or looking bored, etc.).

When listening, it is helpful to try to understand the other person’s view without superimposing your own views or judgments prematurely. One sure way to prevent communications is to jump in with your own viewpoint before the other person has been able to fully express their point. Such discussions frequently deteriorate into wrangles. 38 Carpinteria Council Advisory Group Handbook
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Active listening shows others that you respect and value their contribution. It may be difficult to accept the idea that the differences between people offer a resource for progress; but if you can manage to bridge differences, there is much value to be gained.

A Council Advisory Group that sets a high standard of listening usually is enjoyed by its members. The group is generally effective and individuals feel a high commitment to the other members.

The Art of Asking Questions
Questions are one of the most important tools members can use to focus the group and to facilitate decision-making. The art of asking questions is a skill that must be developed.

It was James Thurber who once said, “It is better to know the right questions rather than the answers.” Thurber’s insight that responses are subject to change, but the ability to ask probing questions does not, underlines the important of developing and refining the questioning skill.

There are two basic types of questions: closed and open.

Closed questions can be answered with a yes or no, or with a simple statement of fact.

They are good for getting information in a hurry. They also help keep the Council Advisory Group on track.

Open questions are used to get results and build consensus. They allow the other person(s) to get involved. They also require a more in-depth response than yes or no.

Open questions are the preferred types of questions to use in a Council Advisory Group setting.

Courtesy and Decorum
Speakers should first be recognized by the Chair. This ensures that only one person speaks at a time.

Meetings should take place in an environment where members and the public can freely express their views. The Chair should ensure that discussion focuses on the item in question, not on personalities or members or the public. The Chair must protect the record, protect privacy rights for all participants, and is responsible for maintaining a harassment-free environment.

The Chair has the right to cut off discussion that is personal or too emotional. The Chair may request a break in such instances.

Refer to the Rules of Conduct and Decorum included in the Appendix of this Handbook. 39 Carpinteria Council Advisory Group Handbook
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Managing Difficult Meetings
From time to time, Council Advisory Groups may be faced with conducting highly charged controversial meetings. These meetings may involve one unified group or two or more conflicting groups. The group demeanor may also be characterized by aggressiveness and hostility. Such meetings really test the mettle of the Council Advisory Group and City staff. In addition to the points raise in the “Working with the Public” section, the following should be considered:

Before the meeting, the Chair will:
a. Try to get the group or groups to designate one or more spokespersons. This will help reduce redundancy and make sure that all sides of the issue will be heard. b. Establish ground rules before the meeting. Determine which procedures will be followed.

During the meeting, the Chair will:
a. Explain the issues, the possible actions, and the procedures that will be followed at the meeting.
b. Have speakers address the members and not the audience. Some speakers are very adept at inciting audiences, especially if they are permitted to address the audience.
c. Stop clapping and shouting early. Explain the reasons why such actions are disruptive and counterproductive.
d. Not hesitate to use recesses to help diffuse hostility or aggressiveness. e. Limiting speakers to their three minutes limit and apply it fairly and consistently. If a virtual meeting, ensure the meeting host mutes at the three minutes. f. Use speaker cards. These can help identify how many people wish to speak and also whether they support or contest an issue. They also are helpful in preparing the minutes by accurately recording the names of people who speak. Recognize, however, that if a person does not wish to complete a card, they still have the legal right to speak.

Parliamentary Procedure
Parliamentary Procedure is a set of rules for conducting meetings. It allows all participants to be heard and to make orderly decisions. Flexibility should be used in applying these rules in order to enhance rather than frustrate the democratic process.

The City Council has adopted the Rosenberg’s Rules of Order: Simple Rules of Parliamentary Procedure for the 21st Century. These are included in the Appendix to this Handbook.

Council Advisory Group meetings are usually conducted according to parliamentary procedure. The Chair directs the meeting, and the Chair’s rulings must be followed, unless they are overruled by the Council Advisory Group. 40 Carpinteria Council Advisory Group Handbook
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Preparing a Motion
When a member wishes to propose an idea for the Council Advisory Group to consider, the members makes a motion. If the idea is spelled out in written form, a motion is still needed to adopt the statement. A motion goes through the following steps:
a. The member asks to be recognized by the Chair.
b. After being recognized, the member makes the motion (e.g., “I move to …”). c. Motions should be clearly and concisely stated.
d. Another member seconds the motion.
e. The Chair states the motion and asks for discussion. f. When the Chair feels that there has been enough discussion, the debate is closed (e.g., “Are you ready for the question?” – “Is there any further discussion?”). Any member of the Council Advisory Group may move to close debate by stating, “I move that debate on this motion be closed,” or “I move the previous question.” This motion must be seconded. A motion to close debate cannot be amended or debated. The Chair immediately requests a roll call vote. g. If no one asks for permission to speak, the Chair then puts the question to a vote.

The Chair may ask, “All in favor say AYE, those opposed NO, “or a roll call vote may be taken.
h. After the vote, the Chair announces the decision (“The motion is carried” – “The motion failed” as the case may be).

General Notes About Main Motions
a. Only one motion may be considered at a time.
b. The maker of the motion is entitled to speak first.
c. The maker of the motion may withdraw their motion before the motion is seconded or if seconded, if there is no objection from the maker of the second. d. The motion of record is as stated by the Chair unless clarified or amended by the members.

City staff can also help in the phrasing and writing of difficult motions.

Tie Votes
A tie vote means the motion fails. For a five-member group, if one member is absent and the vote is 2 ayes, and 2 noes, or 2-2-1, the motion fails. Tie votes may be reconsidered on motion by any member of the Council Advisory Group voting aye or no during the original vote. Before a motion is made on the next item on the agenda, any member of the Committee may make a motion to continue the matter to another date. Any continuance for this purpose suspends the running of any time in which action of the Committee is required by law.
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Comments for the Record
If a Council Advisory Group member desires that a comment be included in the minutes, it is their responsibility to indicate that the statement is “for the record” before making the comments.

Adjournment
When the Council Advisory Group has finished its business, the Chair adjourns the meeting.

Recordings of Meetings
Recordings are maintained in accordance with the City’s adopted records retention schedule. Only City Council, Planning Commission, and Architectural Review Board meetings are videorecorded. All other Council Advisory Groups meetings may be audio recorded to assist in minute preparation.

Action Minutes
Minutes of Council Advisory Group meetings will be action minutes. Action minutes include final motions with votes. The minutes will also reflect the names of public speakers, but not their comments. Council Advisory Group and City staff discussion and comments will not be included in the minutes. Minutes of all meetings will be prepared by the staff liaison and are required to be kept by the department.

Generally, minutes are submitted to the Council Advisory Group at the next regular meeting for approval and once approved they become the permanent record of the Council Advisory Group. Minutes are made available to the public.

Public Records
Materials provided to Council Advisory Group members at a public meeting must be made available for inspection and copying by the public.

Members should avoid the use of electronic devices during meetings such as communications, social media posts, emails and text messages may be subject to the City’s Records Retention Schedule and disclosable under the Public Records Act. 42 Carpinteria Council Advisory Group Handbook
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RULES OF CONDUCT AND DECORUM
The City of Carpinteria prides itself on conducting its business in a professional. respectful, and courteous manner. As Council Advisory Groups are comprised of citizens of Carpinteria, serving in an advisory role to the City Council, it is understood that citizens participating in Council Advisory Group meetings and other forums are to conduct themselves in the same manner. Common courtesy and respect for fellow Council Advisory Group members, City staff, City Councilmembers, and the general public is expected. Council Advisory Group members should refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities.

Council Advisory Group members shall observe the following Rules of Conduct and Decorum:

1. A member of a Council Advisory Group shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council Advisory Group, interrupt any fellow member while speaking, or disobey the orders of the Chair.

2. Council Advisory Group members should provide the utmost courtesy to each other, to City staff, and to the public appearing before the Council Advisory Group.

Members should refrain from:
a. Rude and derogatory remarks.
b. Questioning the integrity of their fellow members and/or public speakers. c. Abusive comments.
d. Directing City staff, other than within the context of the Council Advisory Group meeting, subject to the consensus of the members and subject to review and approval of the Department Head and City Manager, and consistent with the Municipal Code and any related state law.
e. Making comments on behalf of other individuals that may be considered hearsay.
f. Statements about the member’s personal feelings about the speaker’s motives. g. Personal attacks.

3. At all times members shall conduct themselves so as to ensure that their image and appearance befit the occasion and reflect their position within the community.

4. At no time shall members engage in conduct that substantially and unreasonably interferes with the ability of any other member or City employee to perform their official duties, violates any City policies, or that creates an intimidating or hostile work environment.
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5. Members are to refrain from conduct that is abusive of a member’s public office or utilizes the Council Advisory Group in an inappropriate manner to further one’s own political gains.

6. Members shall not use their title or status as a City official for personal purposes, or other unsanctioned activity not related to official Council Advisory Group behavior, other than permitted by law.

7. Members shall not engage in conduct that is in violation of any civil or criminal law.

8. Any person(s) making personal, defamatory or profane remarks or who willfully utters loud, threatening or abusive language or engages in any disorderly conduct, which disturbs or disrupts the orderly conduct of any meeting shall be called to order by the Chair. If such conduct continues, the Chair, at their discretion, may order such person removed from that meeting. If the Chair is in violation of any of the above rules of decorum, a majority vote of the Group may order the removal of the Chair from the meeting and the Vice Chair to take over. If the Vice Chair is absent, the remaining members shall select a Chair Pro Tempore.

9. Members shall follow the role and scope of responsibility of their particular Council Advisory Group.

10.Members shall work in accordance with the Brown Act.

Member Misconduct
All Council Advisory Group members serve at the pleasure of the City Council. Violations of the Rules of Conduct and Decorum shall be handled in the following manner:

1. Minor Misconduct: Issues will be reported to the Department Head of the department that provides staff support to the Group. The Department Head shall then attempt to resolve the issue with the City Manager and member.

2. Major Misconduct: Issues of this level will involve the City Manager and possibly the City Attorney and may lead to a recommendation to the City Council to remove the member from their seat.

The City Manager shall report a member’s misconduct to the City Council. The following are examples of misconduct which may subject members to disciplinary action(s):

1. Minor Misconduct: Lack of preparation for a meeting; late arrival at meetings; failure to complete mandatory training; discourteous behavior in relations with fellow members, staff, and/or members of the public.

2. Major Misconduct: Repeated instances of minor misconduct; violation of City Council policies (including, but not limited to, City Council policies addressing 44 Carpinteria Council Advisory Group Handbook
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violence in the workplace and/or violations of the Brown Act; acceptance of gifts or gratuities; drug free workplace; drugs and alcohol in the workplace; and other policies as may be adopted by the City Council from time to time).

While the above items are presented as examples, the determination of what (if any) discipline to impose, up to and including removal from the Council Advisory Group, shall be at the sole discretion of the City Council.

Discipline of Council Advisory Group Members by the City Council Should the City Council determine, in its sole discretion, that a Council Advisory Group member may have allegedly acted in a manner inconsistent with law or a City Council policy, the City Council may determine to impose any or all of the following:

1. Provide direction to the City Manager to meet with the member to informally investigate alleged misconduct and provide counseling to the member to indicate behavior consistent with law and City Council policy.

2. Provide direction to the City Manager to investigate member alleged misconduct and report findings to the City Council.

3. Determine, in the City Council’s sole discretion and with our without cause, to remove a member from their seat. Such removal shall only be effective upon a majority vote of the City Council.
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APPENDIX
Open & Public VI – A Guide to the Ralph M. Brown Act – Revised January 2024 by the League of California Cities
Rosenberg’s Rules of Order – Revised 2011 – Simple Rules of Parliamentary Procedure for the 21st Century by Judge Dave Rosenberg
Acknowledgment of Receipt and Statement of Commitment
Open & Public VI
A GUIDE TO THE RALPH M. BROWN ACT
REVISED JANUARY 2024
Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
ii OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT

ACKNOWLEDGEMENTS

ACKNOWLEDGMENTS
Cal Cities thanks the following individuals for their work on this publication:

Brown Act Committee
Tracy M. Noonan, Committee Chair
City Attorney, Thousand Oaks
Amy Ackerman
Town Attorney, Corte Madera; Renne Public Law Group
Sheri Damon
City Attorney, Seaside
Christopher Diaz
City Attorney, Colma and Hillsborough
Best Best & Krieger LLP
Megan J. Marevich
Assistant City Attorney, Mountain View
Javan N. Rad
Chief Assistant City Attorney, Pasadena
Prasanna W. Rasiah
City Attorney, San Mateo
Sujata Reuter
Chief Assistant City Attorney, Santa Clara
Robert Schultz
Attorney
Frank A. Splendorio
City Attorney, Atwater and Plymouth
Best Best & Krieger LLP
Osa Wolff
City Attorney, Orinda
Shute, Mihaly & Weinberger LLP
Cal Cities Staff
Sheri Chapman, General Counsel
Alison Leary, Senior Deputy General Counsel
Janet Leonard, Executive Assistant, Legal Services
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 1
REVISED JANUARY 2024
Open & Public VI
A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS.................................................5 CHAPTER 2: LEGISLATIVE BODIES............................................................11 CHAPTER 3: MEETINGS............................................................................17 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ..............29 CHAPTER 5: CLOSED SESSIONS ...............................................................41 CHAPTER 6: REMEDIES ............................................................................55 2 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT

TABLE OF CONTENTS

TABLE OF CONTENTS
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS............................................... 5 The right of access ...................................................................................................................6 Broad coverage ........................................................................................................................6 Narrow exemptions .................................................................................................................7 Public participation in meetings ..............................................................................................7 Controversy..............................................................................................................................8 Beyond the law — good business practices............................................................................8 Achieving balance ....................................................................................................................9 Historical note ..........................................................................................................................9 CHAPTER 2: LEGISLATIVE BODIES ........................................................... 11 What is a “legislative body” of a local agency? .....................................................................12 What is not a “legislative body” for purposes of the Brown Act? .........................................14 CHAPTER 3: MEETINGS ...........................................................................17 Brown Act meetings...............................................................................................................18 Six exceptions to the meeting definition...............................................................................18 Collective briefings.................................................................................................................21 Retreats, trainings, and workshops of legislative bodies.......................................................21 Serial meetings.......................................................................................................................22 Informal gatherings ................................................................................................................24 Technological conferencing ...................................................................................................25 Location of meetings..............................................................................................................26 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION.............. 29 Agendas for regular meetings................................................................................................30 Mailed agenda upon written request.....................................................................................31 Notice requirements for special meetings ............................................................................32 Notices and agendas for adjourned and continued meetings and hearings ........................32 Notice requirements for emergency meetings .....................................................................33 Notice of compensation for simultaneous or serial meetings ..............................................33 Educational agency meetings ................................................................................................33 Notice requirements for tax or assessment meetings and hearings....................................33 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 3
Non-agenda items..................................................................................................................34 Responding to the public .......................................................................................................35 The right to attend and observe meetings ............................................................................36 Records and recordings .........................................................................................................37 The public’s right to speak during a meeting ........................................................................38 CHAPTER 5: CLOSED SESSIONS ..............................................................41 Agendas and reports..............................................................................................................42 Litigation.................................................................................................................................43 Real estate negotiations ........................................................................................................45 Public employment ................................................................................................................46 Labor negotiations .................................................................................................................47 Labor negotiations — school and community college districts ............................................48 Other Education Code exceptions .........................................................................................48 Joint powers authorities.........................................................................................................48 License applicants with criminal records ..............................................................................49 Public security........................................................................................................................49 Multijurisdictional law enforcement agency .........................................................................49 Hospital peer review and trade secrets.................................................................................49 Other legislative bases for closed session.............................................................................50 Who may attend closed sessions ..........................................................................................50 The confidentiality of closed session discussions .................................................................51 CHAPTER 6: REMEDIES .......................................................................... 55 Invalidation of action taken....................................................................................................56 Declaratory relief to determine whether past action violated the act..................................57 Civil action to prevent future violations.................................................................................57 Costs and attorney’s fees ......................................................................................................58 Misdemeanor penalties..........................................................................................................58 Voluntary resolution...............................................................................................................59 4 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 5 5 Chapter 1
IT IS THE PEOPLE’S BUSINESS
The right of access.............................................................................................................. 6 Broad coverage ................................................................................................................... 6 Narrow exemptions ............................................................................................................ 7 Public participation in meetings ......................................................................................... 7 Controversy......................................................................................................................... 8 Beyond the law — good business practices ...................................................................... 8 Achieving balance............................................................................................................... 9 Historical note..................................................................................................................... 9 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
6 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
The right of access
Two key parts of the Brown Act have not changed since its adoption in 1953. One is the act’s initial section, declaring the Legislature’s intent:
“In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
“The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”1
The people reconfirmed that intent 50 years later in the November 2004 election by adopting Proposition 59, amending the California Constitution to include a public right of access to government information:
“The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”2 The Brown Act’s other unchanged provision is a single sentence:
“All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.”3 That one sentence is by far the most important of the entire Brown Act. If the opening is the soul, that sentence is the heart of the Brown Act.

Broad coverage
The Brown Act covers members of virtually every type of local government body, elected or appointed, decision-making or advisory. Some types of private organizations are covered, as are newly elected members of a legislative body, even before they take office.

Similarly, meetings subject to the Brown Act are not limited to face-to-face gatherings. They also include any communication medium or device through which a majority of a legislative body discusses, deliberates, or takes action on an item of business outside of a noticed meeting. They include meetings held from remote locations by teleconference or videoconference.

Chapter 1
IT IS THE PEOPLE’S BUSINESS
PRACTICE TIP: The key to the
Brown Act is a single sentence.

In summary, all meetings shall
be open and public except
when the Brown Act authorizes
otherwise.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 7
New communication technologies present new Brown Act challenges. For example, common email practices of forwarding or replying to messages can easily lead to a serial meeting prohibited by the Brown Act, as can participation by members of a legislative body in an internet chatroom or blog dialogue. Social Media posts, comments, and “likes” can result in a Brown Act violation.

Communicating during meetings using electronic technology (such as laptop computers, tablets, or smart phones) may create the perception that private communications are influencing the outcome of decisions, and some state legislatures have banned the practice. On the other hand, widespread video streaming and videoconferencing of meetings has greatly expanded public access to the decision-making process.

Narrow exemptions
The express purpose of the Brown Act is to ensure that local government agencies conduct the public’s business openly and publicly. Courts and the California Attorney General usually broadly construe the Brown Act in favor of greater public access and narrowly construe exemptions to its general rules.4
Generally, public officials should think of themselves as living in glass houses, and that they may only draw the curtains when it is in the public interest to preserve confidentiality. Closed sessions may be held only as specifically authorized by the provisions of the Brown Act itself.

The Brown Act, however, is limited to meetings among a majority of the members of multimember government bodies when the subject relates to local agency business. It does not apply to independent conduct of individual decision-makers. It does not apply to social, ceremonial, educational, and other gatherings as long as a majority of the members of a body do not discuss issues related to their local agency’s business. Meetings of temporary advisory committees — as distinguished from standing committees — made up solely of less than a quorum of a legislative body are not subject to the Brown Act.

The law does not apply to local agency staff or employees, but they may facilitate a violation by acting as a conduit for discussion, deliberation, or action by the legislative body. 5 The law, on the one hand, recognizes the need of individual local officials to meet and discuss matters with their constituents and staff. On the other hand, it requires — with certain specific exceptions to protect the community and preserve individual rights — that the decision-making process be public. Sometimes the boundary between the two is not easy to draw.

Public participation in meetings
In addition to requiring the public’s business to be conducted in open, noticed meetings, the Brown Act also extends to the public the right to participate in meetings. Individuals, lobbyists, and members of the news media possess the right to attend, record, broadcast, and participate in public meetings. The public’s participation is further enhanced by the Brown Act’s requirement that a meaningful agenda be posted in advance of meetings, by limiting discussion and action to matters listed on the agenda, and by requiring that meeting materials be made available.

Legislative bodies may, however, adopt reasonable regulations on public testimony and the conduct of public meetings, including measures to address disruptive conduct and limits on the time allotted to each speaker. For more information, see chapter 4.

PRACTICE TIP: Think of the
government’s house as being
made of glass. The curtains may
be drawn only to further the
public’s interest. A local policy
on the use of laptop computers,
tablets, and smart phones during
Brown Act meetings may help
avoid problems.
8 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
Controversy
Not surprisingly, the Brown Act has been a source of confusion and controversy since its inception.

News media and government watchdogs often argue the law is toothless, pointing out that there has never been a single criminal conviction for a violation. They often suspect that closed sessions are being misused.

Some public officials complain that the Brown Act makes it difficult to respond to constituents and requires public discussions of items better discussed privately, such as why a particular person should not be appointed to a board or commission. Many elected officials find the Brown Act inconsistent with their private business experiences. Closed meetings can be more efficient; they eliminate grandstanding and promote candor. The techniques that serve well in business — the working lunch, the sharing of information through a series of phone calls or emails, the backroom conversations and compromises — are often not possible under the Brown Act.

As a matter of public policy, California (along with many other states) has concluded that there is more to be gained than lost by conducting public business in the open. Government behind closed doors may well be efficient and businesslike, but it may be perceived as unresponsive and untrustworthy.

Beyond the law — good business practices
Violations of the Brown Act can lead to invalidation of an agency’s action, payment of a challenger’s attorney fees, public embarrassment, even criminal prosecution. But the Brown Act is a floor, not a ceiling, for conduct of public officials. This guide is focused not only on the Brown Act as a minimum standard, but also on meeting practices or activities that, legal or not, are likely to create controversy. Problems may crop up, for example, when agenda descriptions are too brief or vague, when an informal gettogether takes on the appearance of a meeting, when an agency conducts too much of its business in closed session or discusses matters in closed session that are beyond the authorized scope, or when controversial issues arise that are not on the agenda.

The Brown Act allows a legislative body to adopt practices and requirements for greater access to meetings for itself and its subordinate committees and bodies that are more stringent than the law itself requires.6 Rather than simply restate the basic requirements of the Brown Act, local open meeting policies should strive to anticipate and prevent problems in areas where the Brown Act does not provide full guidance. As with the adoption of any other significant policy, public comment should be solicited.

A local policy could build on these basic Brown Act goals:
ƒ A legislative body’s need to get its business done smoothly. ƒ The public’s right to participate meaningfully in meetings, and to review documents used in decision-making at a relevant point in time.

PRACTICE TIP: Transparency
is a foundational value for
ethical government practices.

The Brown Act is a floor, not a
ceiling, for conduct.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 9
ƒ A local agency’s right to confidentially address certain negotiations, personnel matters, claims, and litigation.
ƒ The right of the press to fully understand and communicate public agency decision-making.

A detailed and comprehensive public meeting and information policy, especially if reviewed periodically, can be an important element in maintaining or improving public relations. Such a policy exceeds the absolute requirements of the law — but if the law were enough, this guide would be unnecessary. A narrow legalistic approach will not avoid or resolve potential controversies. An agency should consider going beyond the law and look at its unique circumstances to determine if there is a better way to prevent potential problems and promote public trust. At the very least, local agencies need to think about how their agendas are structured in order to make Brown Act compliance easier. They need to plan carefully to make sure public participation fits smoothly into the process.

Achieving balance
The Brown Act should be neither an excuse for hiding the ball nor a mechanism for hindering efficient and orderly meetings. The Brown Act represents a balance among the interests of constituencies whose interests do not always coincide. It calls for openness in local government, yet should allow government to function responsively and productively.

There must be both adequate notice of what discussion and action are to occur during a meeting as well as a normal degree of spontaneity in the dialogue between elected officials and their constituents.

The ability of an elected official to confer with constituents or colleagues must be balanced against the important public policy prohibiting decision-making outside of public meetings.

In the end, implementation of the Brown Act must ensure full participation of the public and preserve the integrity of the decision-making process, yet not stifle government officials and impede the effective and natural operation of government.

Historical note
In late 1951, San Francisco Chronicle reporter Mike Harris spent six weeks looking into the way local agencies conducted meetings. State law had long required that business be done in public, but Harris discovered secret meetings or caucuses were common. He wrote a 10-part series titled “Your Secret Government” that ran in May and June 1952.

Out of the series came a decision to push for a new state open-meeting law. Harris and Richard (Bud) Carpenter, legal counsel for the League of California Cities, drafted such a bill and Assembly Member Ralph M. Brown agreed to carry it. The Legislature passed the bill, and Governor Earl Warren signed it into law in 1953.

The Ralph M. Brown Act, known as the Brown Act, has evolved under a series of amendments and court decisions, and has been the model for other open-meeting laws, such as the Bagley-Keene Act, enacted in 1967 to cover state agencies.

Assembly Member Brown is best known for the open-meeting law that carries his name. He was elected to the Assembly in 1942 and served 19 years, including the last three years as Speaker. He then became an appellate court justice.

PRACTICE TIP: The Brown Act
should be viewed as a tool
to facilitate the business of
local government agencies.

Local policies that go beyond
the minimum requirements
of law may help instill public
confidence and avoid problems.
10 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at https://www.calcities.org/home/resources/open-government2. A current version of the Brown Act may be found at https://leginfor.legislature.ca.gov.

ENDNOTES
1 Cal. Gov. Code, § 54950.
2 Cal. Const., Art. 1, § 3, subd. (b)(1).
3 Cal. Gov. Code, § 54953, subd. (a).
4 This principle of broad construction when it furthers public access and narrow construction if a provision limits public access is also stated in the amendment to the State’s Constitution adopted by Proposition 59 in 2004. California Const., Art. 1, § 3, subd. (b)(2). 5 Cal. Gov. Code, § 54952.2, subds. (b)(2) and (c)(1); Wolfe v. City of Fremont (2006) 144 Cal.App.4th 533.
6 Cal. Gov. Code, § 54953.7.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT11 11 Chapter 2

LEGISLATIVE BODIES
What is a “legislative body” of a local agency? ................................................................ 12 What is not a “legislative body” for purposes of the Brown Act? .................................... 14 12 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 2: LEGISLATIVE BODIES
The Brown Act applies to the legislative bodies of local agencies. It defines “legislative body” broadly to include just about every type of decision-making body of a local agency.1 What is a “legislative body” of a local agency?
A “legislative body” includes the following:
ƒ The “governing body of a local agency” and certain of its subsidiary bodies; “or any other local body created by state or federal statute.”2 This includes city councils, boards of supervisors, school boards, and boards of trustees of special districts. A “local agency” is any city, county, city and county, school district, municipal corporation, successor agency to a redevelopment agency, district, political subdivision, or other local public agency.3 A housing authority is a local agency under the Brown Act even though it is created by and is an agent of the state.4 The California Attorney General has opined that air pollution control districts and regional open space districts are also covered.5 Entities created pursuant to joint powers agreements are also local agencies within the meaning of the Brown Act.6
ƒ Newly elected members of a legislative body who have not yet assumed office must conform to the requirements of the Brown Act as if already in office.7 Thus, meetings between incumbents and newly elected members of a legislative body, such as a meeting between two outgoing members and a member-elect of a five-member body, could violate the Brown Act.

Q. On the morning following the election to a five-member legislative body of a local agency, two successful candidates, neither an incumbent, meet with an incumbent member of the legislative body for a celebratory breakfast. Does this violate the Brown Act?
A. It might, and absolutely would if the conversation turns to agency business. Even though the candidates-elect have not officially been sworn in, the Brown Act applies.

If purely a social event, there is no violation, but it would be preferable if others were invited to attend to avoid the appearance of impropriety.

Chapter 2

LEGISLATIVE BODIES
PRACTICE TIP: The prudent
presumption is that an advisory
committee or task force is
subject to the Brown Act. Even
if one clearly is not, it may want
to comply with the Brown Act.

Public meetings may reduce the
possibility of misunderstandings
and controversy.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 13
ƒ Appointed bodies — whether permanent or temporary, decision-making or advisory — including planning commissions, civil service commissions, and other subsidiary committees, boards, and bodies. Volunteer groups, executive search committees, task forces, and blue ribbon committees created by formal action of the governing body are legislative bodies. When the members of two or more legislative bodies are appointed to serve on an entirely separate advisory group, the resulting body may be subject to the Brown Act. In one reported case, a city council created a committee of two members of the city council and two members of the city planning commission to review qualifications of prospective planning commissioners and make recommendations to the council. The court held that their joint mission made them a legislative body subject to the Brown Act.

Had the two committees remained separate and met only to exchange information and report back to their respective boards, they would have been exempt from the Brown Act.8 ƒ Standing committees of a legislative body, irrespective of their composition, which have either (1) a continuing subject matter jurisdiction or (2) a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body.9 Even if it comprises less than a quorum of the governing body, a standing committee is subject to the Brown Act.

For example, if a governing body creates committees on budget and finance or on public safety that are not limited in duration or scope, those are standing committees subject to the Brown Act. Further, according to the California Attorney General, function over form controls. For example, a statement by the legislative body that the advisory committee “shall not exercise continuing subject matter jurisdiction” or the fact that the committee does not have a fixed meeting schedule is not determinative.10 “Formal action” by a legislative body includes authorization given to the agency’s executive officer to appoint an advisory committee pursuant to agency-adopted policy.11 A majority of the members of a legislative body may attend an open and public meeting of a standing committee of that body, provided the members who are not part of the standing committee only observe.12 For more information, see chapter 3.
ƒ The governing body of any private organization either (1) created by the legislative body in order to exercise authority that may lawfully be delegated by such body to a private corporation, limited liability company, or other entity or (2) that receives agency funding and whose governing board includes a member of the legislative body of the local agency appointed by the legislative body as a full voting member of the private entity’s governing board.13 These include some nonprofit corporations created by local agencies.14 If a local agency contracts with a private firm for a service (for example, payroll, janitorial, or food services), the private firm is not covered by the Brown Act.15 When a member of a legislative body sits on a board of a private organization as a private person and is not appointed by the legislative body, the board will not be subject to the Brown Act. Similarly, when the legislative body appoints someone other than one of its own members to such boards, the Brown Act does not apply. Nor does it apply when a private organization merely receives agency funding.16
PRACTICE TIP: It can be difficult
to determine whether a
subcommittee of a body falls
into the category of a standing
committee or an exempt
temporary committee. Suppose a
committee is created to explore
the renewal of a franchise or a
topic of similarly limited scope
and duration. Is it an exempt
temporary committee or a
nonexempt standing committee?
The answer may depend on
factors such as how meeting
schedules are determined, the
scope of the committee’s charge,
or whether the committee exists
long enough to have “continuing
jurisdiction.”
14 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 2: LEGISLATIVE BODIES
Q. The local chamber of commerce is funded in part by the city. The mayor sits on the chamber’s board of directors. Is the chamber board a legislative body subject to the Brown Act?
A. Maybe. If the chamber’s governing documents require the mayor to be on the board and the city council appoints the mayor to that position, the board is a legislative body. If, however, the chamber board independently appoints the mayor to its board, or the mayor attends chamber board meetings in a purely advisory capacity, it is not.

Q. If a community college district board creates an auxiliary organization to operate a campus bookstore or cafeteria, is the board of the organization a legislative body? A. Yes. But if the district instead contracts with a private firm to operate the bookstore or cafeteria, the Brown Act would not apply to the private firm. ƒ Certain types of hospital operators. A lessee of a hospital (or portion of a hospital) first leased under Health and Safety Code subsection 32121(p) after Jan. 1, 1994, which exercises “material authority” delegated to it by a local agency, whether or not such lessee is organized and operated by the agency or by a delegated authority.17 What is not a “legislative body” for purposes of the Brown Act? ƒ A temporary advisory committee composed solely of less than a quorum of the legislative body that serves a limited or single purpose, that is not perpetual, and that will be dissolved once its specific task is completed is not subject to the Brown Act.18 Temporary committees are sometimes called ad hoc committees, a term not used in the Brown Act. Examples include an advisory committee composed of less than a quorum created to interview candidates for a vacant position or to meet with representatives of other entities to exchange information on a matter of concern to the agency, such as traffic congestion.19
ƒ Groups advisory to a single decision-maker or appointed by staff are not covered. The Brown Act applies only to committees created by formal action of the legislative body and not to committees created by others. A committee advising a superintendent of schools would not be covered by the Brown Act. However, the same committee, if created by formal action of the school board, would be covered.20
Q. A member of the legislative body of a local agency informally establishes an advisory committee of five residents to advise her on issues as they arise. Does the Brown Act apply to this committee?
A. No, because the committee has not been established by formal action of the legislative body.

Q. During a meeting of the city council, the council directs the city manager to form an advisory committee of residents to develop recommendations for a new ordinance. The city manager forms the committee and appoints its members; the committee is instructed to direct its recommendations to the city manager. Does the Brown Act apply to this committee?
A. Possibly, because the direction from the city council might be regarded as a formal action of the body, notwithstanding that the city manager controls the committee.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 15
ƒ Individual decision-makers who are not elected or appointed members of a legislative body are not covered by the Brown Act. For example, a disciplinary hearing presided over by a department head or a meeting of agency department heads is not subject to the Brown Act since such assemblies are not those of a legislative body.21 ƒ Public employees, each acting individually and not engaging in collective deliberation on a specific issue, such as the drafting and review of an agreement, do not constitute a legislative body under the Brown Act, even if the drafting and review process was established by a legislative body.22
ƒ County central committees of political parties are also not Brown Act bodies.23 Legal counsel for a governing body is not a member of the governing body, therefore, the Brown Act does not apply to them. But counsel should take care not to facilitate Brown Act violations by members of the governing body.24

ENDNOTES
1 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1127. 2 Cal. Gov. Code, § 54952, subds. (a) and (b).
3 Cal. Gov. Code, § 54951; Cal. Health & Saf. Code, § 34173, subd. (g) (successor agencies to former redevelopment agencies subject to the Brown Act). But see Cal. Ed. Code § 35147, which exempts certain school councils and school site advisory committees from the Brown Act and imposes upon them a separate set of rules.
4 Torres v. Board of Commissioners of Housing Authority of Tulare County (1979) 89 Cal.App.3d 545, 549- 550.
5 71 Ops.Cal.Atty.Gen. 96 (1988); 73 Ops.Cal.Atty.Gen. 1 (1990). 6 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.

App.4th 354, 362.
7 Cal. Gov. Code, § 54952.1.
8 Joiner v. City of Sebastopol (1981) 125 Cal.App.3d 799, 804-805. 9 Cal. Gov. Code, § 54952, subd. (b)
10 79 Ops.Cal.Atty.Gen. 69 (1996).
11 Frazer v. Dixon Unified School District (1993) 18 Cal.App.4th 781, 793. 12 Cal. Gov. Code § 54952, subd. (c)(6).
13 Cal. Gov. Code, § 54952, subd. (c)(1). Regarding private organizations that receive local agency funding, the same rule applies to a full voting member appointed prior to February 9, 1996, who, after that date, is made a nonvoting board member by the legislative body. Cal. Gov. Code § 54952, subd. (c)(2).
14 Cal. Gov. Code, § 54952(c)(1)(A); International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal, Inc. (1999) 69 Cal.App.4th 287, 300; Epstein v. Hollywood Entertainment Dist. II Business Improvement District (2001) 87 Cal.App.4th 862, 876; see also 85 Ops.Cal.Atty.Gen. 55 (2002).
15 International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal, Inc. (1999) 69 Cal.App.4th 287, 300 fn. 5.
16 “The Brown Act, Open Meetings for Local Legislative Bodies,” California Attorney General’s Office (2003), p. 7.
16 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 2: LEGISLATIVE BODIES
17 Cal. Gov. Code, § 54952, subd. (d).
18 Cal. Gov. Code, § 54952, subd. (b); see also Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of Directors (1993) 6 Cal.4th 821, 832. 19 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1129. 20 56 Ops.Cal.Atty.Gen. 14, 16-17 (1973).
21 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870, 878-879. 22 Golightly v. Molina (2014) 229 Cal.App.4th 1501, 1513. 23 59 Ops.Cal.Atty.Gen. 162, 164 (1976).
24 GFRCO, Inc. v. Superior Court of Riverside County (2023) 89 Cal.App.5th 1295, 1323; Stockton Newspapers, Inc. v. Redevelopment Agency of the City of Stockton (1985) 171 Cal.App.3d 95, 105 (a series of individual telephone calls between the agency attorney and the members of the body constituted a meeting).

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT17 17 Chapter 3

MEETINGS
Brown Act meetings ......................................................................................................... 18 Six exceptions to the meeting definition.......................................................................... 18 Collective briefings............................................................................................................ 21 Retreats, trainings, and workshops of legislative bodies ................................................. 21 Serial meetings ................................................................................................................. 22 Informal gatherings........................................................................................................... 24 Technological conferencing .............................................................................................. 25 Location of meetings ........................................................................................................ 26 18 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
The Brown Act only applies to meetings of local legislative bodies. It defines a meeting as “any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take any action on any item that is within the subject matter jurisdiction of the legislative body.”1 The term meeting is not limited to gatherings at which action is taken but includes deliberative gatherings as well. A hearing before an individual hearing officer is not a meeting under the Brown Act because it is not a hearing before a legislative body.2
Brown Act meetings
Brown Act meetings include a legislative body’s regular meetings, special meetings, emergency meetings, and adjourned meetings.
ƒ “Regular meetings” are meetings occurring at the dates, times, and location set by resolution, ordinance, or other formal action by the legislative body and are subject to 72- hour posting requirements.3
ƒ “Special meetings” are meetings called by the presiding officer or majority of the legislative body to discuss only discrete items on the agenda under the Brown Act’s notice requirements for special meetings and are subject to 24-hour posting requirements.4 ƒ “Emergency meetings” are a limited class of meetings held when prompt action is needed due to actual or threatened disruption of public facilities and are held on little notice.5 ƒ “Adjourned meetings” are regular or special meetings that have been adjourned or re-adjourned to a time and place specified in the order of adjournment, with no agenda required for regular meetings adjourned for less than five calendar days as long as no additional business is transacted.6
Six exceptions to the meeting definition
The Brown Act creates six exceptions to the meeting definition:7 Individual contacts
The first exception involves individual contacts between a member of the legislative body and any other person. The Brown Act does not limit a legislative body member acting on their own. This exception recognizes the right to confer with constituents, advocates, consultants, news reporters, local agency staff, or a colleague.

Individual contacts, however, cannot be used to do in stages what would be prohibited in one step. For example, a series of individual contacts that leads to discussion, deliberation, or action among a majority of the members of a legislative body is prohibited. Such serial meetings are discussed below.

Chapter 3

MEETINGS
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 19
Conferences
The second exception allows a legislative body majority to attend a conference or similar gathering open to the public that addresses issues of general interest to the public or to public agencies of the type represented by the legislative body.

Among other things, this exception permits legislative body members to attend annual association conferences of city, county, school, community college, and other local agency officials, as long as those meetings are open to the public. However, a majority of members cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within their local agency’s subject matter jurisdiction.

Community meetings
The third exception allows a legislative body majority to attend an open and publicized meeting held by another organization to address a topic of local community concern. A majority cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the legislative body’s subject matter jurisdiction. Under this exception, a legislative body majority may attend a local service club meeting or a local candidates’ night if the meetings are open to the public.
“I see we have four distinguished members of the city council at our meeting tonight,” said the chair of the Environmental Action Coalition. “I wonder if they have anything to say about the controversy over enacting a slow growth ordinance?”
The Brown Act permits a majority of a legislative body to attend and speak at an open and publicized meeting conducted by another organization. The Brown Act may nevertheless be violated if a majority discusses, deliberates, or takes action on an item during the meeting of the other organization. There is a fine line between what is permitted and what is not; hence, members should exercise caution when participating in these types of events.

Q. The local chamber of commerce sponsors an open and public candidate debate during an election campaign. Three of the five agency members are up for reelection and all three participate. All of the candidates are asked their views on a controversial project scheduled for a meeting to occur just after the election. May the three incumbents answer the question?
A. Yes, because the chamber of commerce, not the city, is organizing the debate. The city should not sponsor the event or assign city staff to help organize or run the event. Also, the Brown Act does not constrain the incumbents from expressing their views regarding important matters facing the local agency as part of the political process the same as any other candidates. Finally, incumbents participating in the event should take care to limit their remarks to the program set by the chamber and safeguard due process by indicating they will keep an open mind regarding specific applications that might come before the council.

Q. May the three incumbents accept an invitation from the editorial board of a local paper to all candidates to meet as a group and answer questions about and/or debate city issues?
A. No, unlike the chamber of commerce event, this would not be allowed under the Brown Act because it is not an open and publicized meeting. 20 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
Other legislative bodies
The fourth exception allows a majority of a legislative body to attend an open and publicized meeting of (1) another body of the local agency and (2) a legislative body of another local agency.8 Again, the majority cannot discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within their subject matter jurisdiction. This exception allows, for example, a city council or a majority of a board of supervisors to attend a controversial meeting of the planning commission.

Nothing in the Brown Act prevents the majority of a legislative body from sitting together at such a meeting. They may choose not to, however, to preclude any possibility of improperly discussing local agency business and to avoid the appearance of a Brown Act violation. Further, aside from the Brown Act, there may be other reasons, such as due process considerations, why the members should avoid giving public testimony, trying to influence the outcome of proceedings before a subordinate body, or discussing the merits with interested parties.

Q. The entire legislative body intends to testify against a bill before the Senate Local Government Committee in Sacramento. Must this activity be noticed as a meeting of the body?
A. No, because the members are attending and participating in an open meeting of another governmental body that the public may attend.

Q. The members then proceed upstairs to the office of their local assembly member to discuss issues of local interest. Must this session be noticed as a meeting and be open to the public?
A. Yes, because the entire body may not meet behind closed doors except for proper closed sessions. The same answer applies to a private lunch or dinner with the assembly member.

Standing committees
The fifth exception authorizes the attendance of a majority at an open and noticed meeting of a standing committee of the legislative body, provided that the legislative body members who are not members of the standing committee attend only as observers (meaning that they cannot speak or otherwise participate in the meeting, and they must sit where members of the public sit).9 Q. The legislative body establishes a standing committee of two of its five members that meets monthly. A third member of the legislative body wants to attend these meetings and participate. May she?
A. She may attend, but only as an observer; she may not participate.

Q. Can the legislative body establish multiple standing committees with partially overlapping jurisdiction?
A. Yes. One result of this overlap in jurisdiction may be that three or more of the members of the legislative body ultimately end up discussing an issue as part of a standing committee meeting. This is allowed under the Brown Act provided each standing committee meeting is publicly noticed and no more than two of the five members discuss the issue at any given standing committee meeting.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 21
Social or ceremonial events
The final exception permits a majority of a legislative body to attend a purely social or ceremonial occasion. Once again, a majority cannot discuss business among themselves of a specific nature that is within the subject matter jurisdiction of the legislative body.

Nothing in the Brown Act prevents a majority of members from attending the same football game, party, wedding, funeral, reception, or farewell. The test is not whether a majority of a legislative body attend the function, but whether business of a specific nature within the subject matter jurisdiction of the body is discussed. As long as no such business is discussed, there is no violation of the Brown Act.

Grand Jury Testimony
In addition, members of a legislative body, either individually or collectively, may give testimony in private before a grand jury.10 This is the equivalent of a seventh exception to the Brown Act’s definition of a “meeting.”
Collective briefings
None of these exceptions permits a majority of a legislative body to meet together with staff in advance of a meeting for a collective briefing. Any such briefings that involve a majority of the body in the same place and time must be open to the public and satisfy Brown Act meeting notice and agenda requirements. Staff may provide written briefings (e.g., staff updates, emails from the city manager, confidential memos from the city attorney) to the full legislative body, but apart from privileged memos, the written materials may be subject to disclosure as public records as discussed in chapter 4.

Retreats, trainings, and workshops of legislative bodies Gatherings by a majority of legislative body members at the legislative body’s retreats, study sessions, trainings, or workshops are subject to the requirements of the Brown Act. This is the case whether the gathering focuses on long-range agency planning, discussion of critical local issues, satisfying state-mandated ethics training requirements, or team building and group dynamics.11
22 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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Q. The legislative body wants to hold a team-building session to improve relations among its members. May such a session be conducted behind closed doors? A. No, this is not a proper subject for a closed session, and there is no other basis to exclude the public. Council relations are a matter of public business.

Serial meetings
One of the most frequently asked questions about the Brown Act involves serial meetings. At any one time, such meetings include only a portion of a legislative body, but eventually they comprise a majority. The Brown Act provides that “[a] majority of the members of a legislative body shall not, outside a meeting … use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.”12 The problem with serial meetings is the process, which deprives the public of an opportunity for meaningful observation of and participation in legislative body decision-making.

The serial meeting may occur by either a “daisy chain” or a “hub and spoke” sequence. In the daisy chain scenario, Member A contacts Member B, Member B contacts Member
C, Member C contacts Member D, and so on until a quorum has discussed, deliberated, or taken action on an item within the legislative body’s subject matter jurisdiction. The hub and spoke process involves at least two scenarios. In the first scenario, Member A (the hub) sequentially contacts Members B, C, D, and so on (the spokes) until a quorum has been contacted. In the second scenario, a staff member (the hub), functioning as an intermediary for the legislative body or one of its members, communicates with a majority of members (the spokes) one by one for discussion, deliberation, or a decision on a proposed action.13 Another example of a serial meeting is when a chief executive officer (the hub) briefs a majority of members (the spokes) prior to a formal meeting and, in the process, information about the members’ respective views is revealed.

Each of these scenarios violates the Brown Act.

A legislative body member has the right, if not the duty, to meet with constituents to address their concerns. That member also has the right to confer with a colleague (but not with a majority of the body, counting the member) or appropriate staff about local agency business. An employee or official of a local agency may engage in separate conversations or communications outside of an open and noticed meeting “with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.”14 The Brown Act is violated, however, if several one-on-one meetings or conferences lead to a discussion, deliberation, or action by a majority. In one case, a violation occurred when a quorum Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 23
of a city council, by a letter that had been circulated among members outside of a formal meeting, directed staff to take action in an eminent domain proceeding.15 A unilateral written communication to the legislative body, such as an informational or advisory memorandum, does not violate the Brown Act.16 Such a memo, however, may be a public record.17 The phone call was from a lobbyist. “Say, I need your vote for that project in the south area. How about it?”
“Well, I don’t know,” replied Board Member Aletto. “That’s kind of a sticky proposition. You sure you need my vote?”
“Well, I’ve got Bradley and Cohen lined up and another vote leaning. With you, I’d be over the top.”
Moments later, the phone rings again. “Hey, I’ve been hearing some rumbles on that south area project,” said the newspaper reporter. “I’m counting noses.

How are you voting on it?”
The lobbyist and the reporter are facilitating a violation of the Brown Act. The board member may have violated the Brown Act by hearing about the positions of other board members and indeed coaxing the lobbyist to reveal the other board members’ positions by asking, “You sure you need my vote?” The prudent course is to avoid such leading conversations and to caution lobbyists, staff, and news media against revealing such positions of others.

The mayor sat down across from the city manager. “From now on,” he declared, “I want you to provide individual briefings on upcoming agenda items. Some of this material is very technical, and the council members don’t want to sound like idiots asking about it in public. Besides that, briefings will speed up the meeting.”
Agency employees or officials may have separate conversations or communications outside of an open and noticed meeting “with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.”18 Members should always be vigilant when discussing local agency business with anyone to avoid conversations that could lead to a discussion, deliberation, or action taken among the majority of the legislative body. “Thanks for the information,” said Council Member Kim. “These zoning changes can be tricky, and now I think I’m better equipped to make the right decision.” “Glad to be of assistance,” replied the planning director. “I’m sure Council Member Jones is OK with these changes. How are you leaning?” “Well,” said Council Member Kim, “I’m leaning toward approval. I know that two of my colleagues definitely favor approval.”
PRACTICE TIP: When briefing
legislative body members,
staff must exercise care not to
disclose other members’ views
and positions.
24 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
The planning director should not disclose Jones’ prospective vote, and Kim should not disclose the prospective votes of two colleagues. Under these facts, there likely has been a serial meeting in violation of the Brown Act.

Q. Various social media platforms and websites include forums where agency employees and officials can discuss issues of local agency business. Members of the legislative body participate regularly. Does this scenario present a potential for violation of the Brown Act?
A. Yes, because it is a technological device that may serve to allow for a majority of members to discuss, deliberate, or take action on matters of agency business.

Q. A member of a legislative body contacts two other members on a five-member body relative to scheduling a special meeting. Is this an illegal serial meeting? A. No, the Brown Act expressly allows a majority of a body to call a special meeting, though the members should avoid discussing the merits of what is to be taken up at the meeting.

Particular care should be exercised when staff briefings of legislative body members occur by email because of the ease of using the “reply all” option that may inadvertently result in a Brown Act violation. Staff should consider using the “bcc” (blind carbon copy) option when addressing an email to multiple members of the legislative body and remind recipients not to “reply all.” Social media should also be used with care. A member of the legislative body cannot respond directly to any communication on an internet-based social media platform that is made, posted, or shared by any other member of the legislative body. This applies to matters within the subject matter jurisdiction of the legislative body. For example, if one member of a legislative body “likes” a social media post of one other member of the same body, that could violate the Brown Act, depending on the nature of the post.19
Finally, electronic communications (such as text messaging) among members of a legislative body during a public meeting should be discouraged. If such communications are sent to a majority of members of the body, either directly or through an intermediary, on a matter on the meeting agenda, that could violate the Brown Act. Electronic communications sent to less than a majority of members of the body during a quasi-judicial proceeding could potentially raise due process concerns, even if not per se prohibited by the Brown Act. Additionally, some legislative bodies have rules governing electronic communications during meetings of the legislative body and how their members should proceed if they receive a communication on an agenda item that is not part of the record or not part of an agenda packet.

Informal gatherings
Members of legislative bodies are often tempted to mix business with pleasure — for example, by holding a post-meeting gathering. Informal gatherings at which local agency business is discussed or transacted violate the law if they are not conducted in conformance with the Brown Act.20 A gathering at which a quorum of the legislative body discusses matters within their jurisdiction violates the Brown Act even if that gathering occurs in a public place. The Brown Act is not satisfied by public visibility alone. It also requires public notice and an opportunity to attend, hear, and participate.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 25
Thursday at 11:30 a.m., as they did every week, the board of directors of the Dry Gulch Irrigation District trooped into Pop’s Donut Shoppe for an hour of talk and fellowship. They sat at the corner window, fronting on Main and Broadway, to show they had nothing to hide. Whenever he could, the managing editor of the weekly newspaper down the street hurried over to join the board.

A gathering like this would not violate the Brown Act if board members scrupulously avoided talking about irrigation district issues — which might be difficult. This kind of situation should be avoided. The public is unlikely to believe the board members could meet regularly without discussing public business. A newspaper executive’s presence does not lessen the potential for a violation of the Brown Act.

Technological conferencing
Except for certain non-substantive purposes, such as scheduling a special meeting, a conference call including a majority of the members of a legislative body is an unlawful meeting. But in an effort to keep up with modern technologies, the Brown Act specifically allows a legislative body to use any type of teleconferencing to meet, receive public comment and testimony, deliberate, or conduct a closed session.21 While the Brown Act contains specific requirements for conducting a teleconference, the decision to use teleconferencing is entirely discretionary with the body. No person has a right under the Brown Act to have a meeting by teleconference.

Teleconference is defined as “a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.”22 In addition to the specific requirements relating to teleconferencing, the meeting must comply with all provisions of the Brown Act otherwise applicable.

The Brown Act contains the following teleconferencing requirements:23 ƒ Teleconferencing may be used for all purposes during any meeting. ƒ At least a quorum of the legislative body must participate from locations within the local agency’s jurisdiction.
ƒ Additional teleconference locations may be made available for the public. ƒ Each teleconference location must be specifically identified in the notice and agenda of the meeting, including a full address and room number, as may be applicable. ƒ Agendas must be posted at each teleconference location, even if a hotel room or a residence. ƒ Each teleconference location, including a hotel room or residence, must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate ƒ The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.
ƒ All votes must be by roll call.

Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
26 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
Q. A member on vacation wants to participate in a meeting of the legislative body and vote by cellular phone from her car while driving from Washington, D.C., to New York. May she? A. She may not participate or vote because she is not in an open, noticed, and posted teleconference location.

Until Jan. 1, 2026, teleconferencing may also be used on a limited basis where a member indicates their need to participate remotely for “just cause” (e.g., childcare or a contagious illness) or due to “emergency circumstances” (e.g., a physical or family medical emergency).

This teleconferencing option has extremely detailed requirements, and careful review is needed. If the City experiences a technical issue that prevents members of the public from viewing the meeting and/or offering comments virtually, then no further action can be taken until the technical issue is resolved.24
The use of teleconferencing to conduct a legislative body meeting presents a variety of issues beyond the scope of this guide to discuss in detail.

Therefore, before teleconferencing a meeting, legal counsel for the local agency should be consulted.

Location of meetings
The Brown Act generally requires all regular and special meetings of a legislative body, including retreats and workshops, to be held within the boundaries of the territory over which the local agency exercises jurisdiction.25
An open and publicized meeting of a legislative body may be held outside of agency boundaries if the purpose of the meeting is one of the following:26
ƒ Comply with state or federal law or a court order, or attend a judicial conference or administrative proceeding in which the local agency is a party. ƒ Inspect real or personal property that cannot be conveniently brought into the local agency’s territory, provided the meeting is limited to items relating to that real or personal property.

Q. The agency is considering approving a major retail mall. The developer has built other similar malls and invites the entire legislative body to visit a mall outside the jurisdiction. May the entire body go?
A. Yes, the Brown Act permits meetings outside the boundaries of the agency for specified reasons and inspection of property is one such reason. The field trip must be treated as a meeting and the public must be allowed to attend. ƒ Participate in multiagency meetings or discussions; however, such meetings must be held within the boundaries of one of the participating agencies, and all of those agencies must give proper notice.
ƒ Meet in the closest meeting facility if the local agency has no meeting facility within its boundaries, or meet at its principal office if that office is located outside the territory over which the agency has jurisdiction.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 27
ƒ Meet with elected or appointed federal or California officials when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. ƒ Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility.
ƒ Visit the office of its legal counsel for a closed session on pending litigation when to do so would reduce legal fees or costs.27
In addition, the governing board of a school or community college district may hold meetings outside of its boundaries to attend a conference on nonadversarial collective bargaining techniques, interview candidates for school district superintendent, or interview a potential employee from another district.28 A school board may also interview members of the public residing in another district if the board is considering employing that district’s superintendent.

Similarly, meetings of a joint powers authority can occur within the territory of at least one of its member agencies, and a joint powers authority with members throughout the state may meet anywhere in the state.29
Finally, if a fire, flood, earthquake, or other emergency makes the usual meeting place unsafe, the presiding officer can designate another meeting place for the duration of the emergency. News media that have requested notice of meetings must be notified of the designation by the most rapid means of communication available.30 State law has also allowed for virtual meetings under certain emergency situations.31

ENDNOTES
1 Cal. Gov. Code, § 54952.2, subd. (a).
2 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870. 3 Cal. Gov. Code, § 54954, subd. (a).
4 Cal. Gov. Code, § 54956.
5 Cal. Gov. Code, § 54956.5.
6 Cal. Gov. Code, § 54955.
7 Cal. Gov. Code, § 54952.2, subd. (c).
8 Cal. Gov. Code, § 54952.2, subd. (c)(4).
9 Cal. Gov. Code, § 54952.2, subd. (c)(6). See 81 Ops.Cal.Atty.Gen. 156 (1998). 10 Cal. Gov. Code, § 54953.1.
11 “The Brown Act,” California Attorney General (2003), p. 10. 12 Cal. Gov. Code, § 54952.2, subd. (b)(1).
13 Stockton Newspapers, Inc. v. Redevelopment Agency of the City of Stockton (1985) 171 Cal.App.3d 95. 14 Cal. Gov. Code, § 54952.2, subd. (b)(2).
15 Common Cause v. Stirling (1983) 147 Cal.App.3d 518.
16 Roberts v. City of Palmdale (1993) 5 Cal.4th 363.
17 Cal. Gov. Code, § 54957.5, subd. (a).
18 Cal. Gov. Code, § 54952.2, subd. (b)(2).
19 Cal. Gov. Code, § 54952.2, subd. (b)(3).
28 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
20 Cal. Gov. Code, § 54952.2; 43 Ops.Cal.Atty.Gen. 36 (1964). 21 Cal. Gov. Code, § 54953, subd. (b)(1).
22 Cal. Gov. Code, § 54953, subd. (b)(4).
23 Cal. Gov. Code, § 54953. Until Jan. 1, 2024, the legislative body could use teleconferencing “during a proclaimed state of emergency” by the Governor in specified circumstances, and teleconference locations were exempt from certain requirements, such as identification in and posting of the agenda. 24 Cal Gov. Code, § 54953, subd. (f) (which will become Govt. §54953(e) as of Jan. 1, 2024). 25 Cal. Gov. Code, § 54954, subd. (b).
26 Cal. Gov. Code, § 54954, subd. (b)(1)-(7).
27 94 Ops.Cal.Atty.Gen. 15 (2011).
28 Cal. Gov. Code, § 54954, subd. (c).
29 Cal. Gov. Code, § 54954, subd. (d).
30 Cal. Gov. Code, § 54954, subd. (e).
31 Cal. Gov. Code, § 54953, subd. (e) (exp. January 1, 2026).

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT29 29 Chapter 4

AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Agendas for regular meetings .......................................................................................... 30 Mailed agenda upon written request ............................................................................... 31 Notice requirements for special meetings ....................................................................... 32 Notices and agendas for adjourned and continued meetings and hearings ................... 32 Notice requirements for emergency meetings ................................................................ 33 Notice of compensation for simultaneous or serial meetings ......................................... 33 Educational agency meetings........................................................................................... 33 Notice requirements for tax or assessment meetings and hearings............................... 33 Non-agenda items............................................................................................................. 34 Responding to the public .................................................................................................. 35 The right to attend and observe meetings ....................................................................... 36 Records and recordings .................................................................................................... 37 The public’s right to speak during a meeting ................................................................... 38 30 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Chapter 4

AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Effective notice is essential for an open and public meeting.

Whether a meeting is open or how the public may participate in that meeting is academic if nobody knows about the meeting.

Agendas for regular meetings
Every regular meeting of a legislative body of a local agency — including advisory committees, commissions, or boards, as well as standing committees of legislative bodies — must be preceded by a posted agenda that advises the public of the meeting and the matters to be transacted or discussed.

The agenda must be posted at least 72 hours before the regular meeting in a location “freely accessible to members of the public.”1 The courts have not definitively interpreted the “freely accessible” requirement. The California Attorney General has interpreted this provision to require posting in a location open and accessible to the public 24 hours a day during the 72-hour period, but any of the 72 hours may fall on a weekend.2 This provision may be satisfied by posting on a touch screen electronic kiosk accessible without charge to the public 24 hours a day during the 72-hour period.3 While posting an agenda on an agency’s internet website will not, by itself, satisfy the “freely accessible” requirement since there is no universal access to the internet, an agency has a supplemental obligation to post the agenda on its website if (1) the local agency has a website and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body or (b) has members that are compensated, with one or more members that are also members of a governing body.4
Q. May the meeting of a governing body go forward if its agenda was either inadvertently not posted on the city’s website or if the website was not operational during part or all of the 72-hour period preceding the meeting?
A. At a minimum, the Brown Act calls for “substantial compliance” with all agenda posting requirements, including posting to the agency website.5 Should website technical difficulties arise, seek a legal opinion from your agency attorney. The California Attorney General has opined that technical difficulties that cause the website agenda to become inaccessible for a portion of the 72 hours preceding a meeting do not automatically or inevitably lead to a Brown Act violation, provided the agency can demonstrate substantial compliance.6 This inquiry requires a fact-specific examination of whether the agency or its legislative body made “reasonably effective efforts to notify interested persons of a public meeting” through online posting and other available means.7 The Attorney General’s opinion suggests that this examination would include an evaluation of how long a technical problem persisted, the efforts made to correct the problem or otherwise ensure that the public was informed, and the actual effect the problem had on public OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 31
awareness, among other factors.8 For these reasons, obvious website technical difficulties might not require cancellation of a meeting, provided that the agency meets all other Brown Act posting requirements and the agenda is available on the website once the technical difficulties are resolved.

The agenda must state the meeting time and place and must contain “a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.”9 For a discussion of descriptions for open and closed-session agenda items, see chapter 5. Special care should be made to describe on the agenda each distinct action to be taken by the legislative body, while an overbroad description of a “project” must be avoided if the “project” is actually a set of distinct actions, in which case each action must be listed separately on the agenda.10 For example, the listing of an "initiative measure” alone on an agenda was found insufficient where the agency was also deciding whether to accept a gift from the measure proponent to pay for the election.11 Q. The agenda for a regular meeting contains the following items of business:
• Consideration of a report regarding traffic on Eighth Street. • Consideration of a contract with ABC Consulting.

Are these descriptions adequate?
A. If the first is, it is barely adequate. A better description would provide the reader with some idea of what the report is about and what is being recommended. The second is not adequate. A better description might read, “Consideration of a contract with ABC Consulting in the amount of $50,000 for traffic engineering services regarding traffic on Eighth Street.”
Q. The agenda includes an item entitled City Manager’s Report, during which time the city manager provides a brief report on notable topics of interest, none of which is listed on the agenda.

Is this permissible?
A. Yes, as long as it does not result in extended discussion or action by the body.

A brief general description may not be sufficient for closed-session agenda items. The Brown Act provides safe harbor language for the various types of permissible closed sessions.12 Substantial compliance with the safe harbor language is recommended to protect legislative bodies and elected officials from legal challenges.

Mailed agenda upon written request
The legislative body, or its designee, must mail a copy of the agenda or, if requested, the entire agenda packet, to any person who has filed a written request for such materials. These copies shall be mailed at the time the agenda is posted or upon distribution to all, or a majority of all, of the members of the legislative body, whichever occurs first. If the local agency has an internet website, this requirement can be satisfied by emailing a copy of, or website link to, the agenda or agenda packet if the person making the request asks for it to be emailed. Further, if requested, these materials must be made available in appropriate alternative formats to persons with disabilities.

PRACTICE TIP: Putting together a
meeting agenda requires careful
thought.
32 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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A request for notice is valid for one calendar year and renewal requests must be filed following January 1 of each year. The legislative body may establish a fee to recover the cost of providing the service. Failure of the requesting person to receive the agenda does not constitute grounds for invalidation of actions taken at the meeting.13
Notice requirements for special meetings
There is no express agenda requirement for special meetings, but the notice of the special meeting effectively serves as the agenda and limits the business that may be transacted or discussed. Written notice must be sent to each member of the legislative body (unless waived in writing by that member) and to each local newspaper of general circulation and each radio and television station that has requested such notice in writing. This notice must be delivered at least 24 hours before the time of the meeting by personal delivery or any other means that ensures receipt.

The notice must state the time and place of the meeting as well as all business to be transacted or discussed. It is recommended that the business to be transacted or discussed be described in the same manner that an item for a regular meeting would be described on the agenda, that is, with a brief general description. Some items must appear on a regular, not special, meeting agenda (e.g., general law city adoption of an ordinance or consideration of local agency executive compensation).14 As noted above, closed session items should be described in accordance with the Brown Act’s safe harbor provisions to protect legislative bodies and elected officials from challenges of noncompliance with notice requirements.

The special meeting notice must also be posted at least 24 hours prior to the special meeting using the same methods as posting an agenda for a regular meeting: at a site that is freely accessible to the public, and on the agency’s website if (1) the local agency has a website and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body or (b) has members that are compensated, with one or more members that are also members of a governing body.15
Notices and agendas for adjourned and continued meetings and hearings A regular or special meeting can be adjourned and re-adjourned to a time and place specified in the order of adjournment.16 If no time is stated, the meeting is continued to the hour for regular meetings. Whoever is present (even if they are less than a quorum) may so adjourn a meeting; if no member of the legislative body is present, the clerk or secretary may adjourn the meeting.

If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced.17 A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.

A hearing can be continued to a subsequent meeting. The process is the same as for continuing adjourned meetings, except that if the hearing is continued to a time less than 24 hours away, a copy of the order or notice of continuance must be posted immediately following the meeting.18 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 33
Notice requirements for emergency meetings
The special meeting notice provisions apply to emergency meetings, except for the 24-hour notice.19 News media that have requested written notice of special meetings must be notified by telephone at least one hour in advance of an emergency meeting, and all telephone numbers provided in that written request must be tried. If telephones are not working, the notice requirements are deemed waived. However, the news media must be notified as soon as possible of the meeting and any action taken.

News media may make a practice of having written requests on file for notification of special or emergency meetings. Absent such a request, a local agency has no legal obligation to notify news media of special or emergency meetings — although notification may be advisable in any event to avoid controversy.

Notice of compensation for simultaneous or serial meetings A legislative body that has convened a meeting and whose membership constitutes a quorum of another legislative body, may convene a simultaneous or serial meeting of the other legislative body only after a clerk or member of the convened legislative body orally announces (1) the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the meeting of the other legislative body; and (2) that the compensation or stipend is provided as a result of convening the meeting of that body.20 No oral disclosure of the amount of the compensation is required if the entire amount of such compensation is prescribed by statute and no additional compensation has been authorized by the local agency. Further, no disclosure is required with respect to reimbursements for actual and necessary expenses incurred in the performance of the member’s official duties, such as for travel, meals, and lodging.

Educational agency meetings
The Education Code contains some special agenda and special meeting provisions.21 However, they are generally consistent with the Brown Act. An item is probably void if not posted.22 A school district board must also adopt regulations to make sure the public can place matters affecting the district’s business on meeting agendas and can address the board on those items.23
Notice requirements for tax or assessment meetings and hearings The Brown Act prescribes specific procedures for adoption by a city, county, special district, or joint powers authority of any new or increased tax or assessment imposed on businesses.24 Although written broadly, these Brown Act provisions do not apply to new or increased real property taxes or assessments, as those are governed by the California Constitution, Article XIIIC or XIIID, enacted by Proposition 218. At least one public meeting must be held to allow public testimony on the tax or assessment. In addition, there must also be at least 45 days notice of a public hearing at which the legislative body proposes to enact or increase the tax or assessment. Notice of the public meeting and public hearing must be provided at the same time and in the same document. The public notice relating to general taxes must be provided by newspaper publication.

The public notice relating to new or increased business assessments must be provided through a 34 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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mailing to all business owners proposed to be subject to the new or increased assessment. The agency may recover the reasonable costs of the public meetings, hearings, and notice.

The Brown Act exempts certain fees, standby or availability charges, recurring assessments, and new or increased assessments that are subject to the notice and hearing requirements of the Constitution.25 As a practical matter, the Constitution’s notice requirements have preempted this section of the Brown Act.

Non-agenda items
The Brown Act generally prohibits any action or discussion of items not on the posted agenda.

However, there are three specific situations in which a legislative body can act on an item not on the agenda:26
ƒ When a majority decides there is an “emergency situation” (as defined for emergency meetings).
ƒ When two-thirds of the members present (or all members if less than two-thirds are present) determine there is a need for immediate action, and the need to take action “came to the attention of the local agency subsequent to the agenda being posted.” This exception requires a degree of urgency. Further, an item cannot be considered under this provision if the legislative body or the staff knew about the need to take immediate action before the agenda was posted. A new need does not arise because staff forgot to put an item on the agenda or because an applicant missed a deadline. ƒ When an item appeared on the agenda of, and was continued from, a meeting held not more than five days earlier.

The exceptions are narrow, as indicated by this list. The first two require a specific determination by the legislative body. That determination can be challenged in court and, if unsubstantiated, can lead to invalidation of an action.
“I’d like a two-thirds vote of the board so we can go ahead and authorize commencement of phase two of the East Area Project,” said Chair Lopez. “It’s not on the agenda. But we learned two days ago that we finished phase one ahead of schedule — believe it or not — and I’d like to keep it that way. Do I hear a motion?”
The desire to stay ahead of schedule generally would not satisfy “a need for immediate action.” Too casual an action could invite a court challenge by a disgruntled resident.

The prudent course is to place an item on the agenda for the next meeting and not risk invalidation.
“We learned this morning of an opportunity for a state grant,” said the chief engineer at the regular board meeting, “but our application has to be submitted in two days. We’d like the board to give us the go-ahead tonight, even though it’s not on the agenda.”
A legitimate immediate need can be acted upon even though not on the posted agenda by following a two-step process:

PRACTICE TIP: Subject to very
limited exceptions, the Brown
Act prohibits any action or
discussion of an item not on the
posted agenda.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 35
ƒ First, make two determinations: (1) that there is an immediate need to take action
and (2) that the need arose after the posting of the agenda. The matter is then
placed on the agenda.
ƒ Second, discuss and act on the added agenda item.

Responding to the public
The public can talk about anything within the jurisdiction of the legislative body, but the legislative body generally cannot act on or discuss an item not on the agenda. What happens when a member of the public raises a subject not on the agenda?
While the Brown Act does not allow discussion or action on items not on the agenda, it does allow members of the legislative body, or its staff, to “briefly respond” to comments or questions from members of the public, provide a reference to staff or other resources for factual information, or direct staff to place the issue on a future agenda. In addition, even without a comment from the public, a legislative body member or a staff member may ask for information, request a report back, request to place a matter on the agenda for a subsequent meeting (subject to the body’s rules or procedures), ask a question for clarification, make a brief announcement, or briefly report on their own activities.27 However, caution should be used to avoid any discussion or action on such items.

Council Member Jefferson: I would like staff to respond to Resident Joe’s complaints during public comment about the repaving project on Elm Street.

Are there problems with this project?
City Manager Frank: The public works director has prepared a 45-minute PowerPoint presentation for you on the status of this project and will give it right now.

Council Member Brown: Take all the time you need; we need to get to the bottom of this. Our residents are unhappy.

It is clear from this dialogue that the Elm Street project was not on the council’s agenda but was raised during the public comment period for items not on the agenda. Council Member Jefferson properly asked staff to respond; the city manager should have given at most a brief response. If a lengthy report from the public works director was warranted, the city manager should have stated that it would be placed on the agenda for the next meeting. Otherwise, both the long report and the likely discussion afterward will improperly embroil the council in a matter that is not listed on the agenda. 36 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
The right to attend and observe meetings
A number of Brown Act provisions protect the public’s right to attend, observe, and participate in meetings.

Members of the public cannot be required to register their names, provide other information, complete a questionnaire, or otherwise “fulfill any condition precedent” to attending a meeting.

Any attendance list, questionnaire, or similar document posted at or near the entrance to the meeting room or circulated at a meeting must clearly state that its completion is voluntary and that all persons may attend whether or not they fill it out.28 No meeting can be held in a facility that prohibits attendance based on race, religion, color, national origin, ethnic group identification, age, sex, sexual orientation, or disability, or that is inaccessible to the disabled. Nor can a meeting be held where the public must make a payment or purchase in order to be present.29 This does not mean, however, that the public is entitled to free entry to a conference attended by a majority of the legislative body.30 While a legislative body may use teleconferencing in connection with a meeting, the public must be given notice of and access to the teleconference location. Members of the public must be able to address the legislative body from the teleconference location.31 Action by secret ballot, whether preliminary or final, is flatly prohibited.32 All actions taken by the legislative body in open session, and the vote of each member thereon, must be disclosed to the public at the time the action is taken.33 Q. The agenda calls for election of the legislative body’s officers. Members of the legislative body want to cast unsigned written ballots that would be tallied by the clerk, who would announce the results. Is this voting process permissible? A. No. The possibility that a public vote might cause hurt feelings among members of the legislative body or might be awkward — or even counterproductive — does not justify a secret ballot.

The legislative body may remove persons from a meeting who willfully interrupt or disrupt proceedings.34 Ejection is justified only when audience members actually disrupt the proceedings,35 or, alternatively, if the presiding member of the legislative body warns a person that their behavior is disruptive and that continued disruption may result in their removal (but no prior warning is required if there is a use of force or true threat of force).36 If order cannot be restored after ejecting disruptive persons, the meeting room may be cleared. Members of the news media who have not participated in the disturbance must be allowed to continue to attend the meeting. The legislative body may establish a procedure to readmit an individual or individuals not responsible for the disturbance.37
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 37
Records and recordings
The public has the right to review agendas and other writings distributed by any person to a majority of the legislative body in connection with a matter subject to discussion or consideration at a meeting. Except for privileged documents, those materials are public records and must be made available upon request without delay.38 A fee or deposit as permitted by the California Public Records Act may be charged for a copy of a public record.39 Q. In connection with an upcoming hearing on a discretionary use permit, counsel for the legislative body transmits a memorandum to all members of the body outlining the litigation risks in granting or denying the permit. Must this memorandum be included in the packet of agenda materials available to the public? A. No. The memorandum is a privileged attorney-client communication.

Q. In connection with an agenda item calling for the legislative body to approve a contract, staff submits to all members of the body a financial analysis explaining why the terms of the contract favor the local agency. Must this memorandum be included in the packet of agenda materials available to the public?
A. Yes. The memorandum has been distributed to the majority of the legislative body, relates to the subject matter of a meeting, and is not a privileged communication.

A legislative body may discuss or act on some matters without considering written materials. But if writings are distributed to a majority of a legislative body in connection with an agenda item, they must also be available to the public. A nonexempt or otherwise non-privileged writing distributed to a majority of the legislative body less than 72 hours before the meeting must be made available for inspection at the time of distribution at a public office or location designated for that purpose, and the agendas for all meetings of the legislative body must include the address of this office or location.40 The location designated for public inspection must be open to the public, not a locked or closed office. Alternatively, the documents can be posted on the city's website for public review if statutory requirements are met.41
A writing distributed during a meeting must be made public:
ƒ At the meeting if prepared by the local agency or a member of its legislative body. ƒ After the meeting if prepared by some other person.42 This requirement does not prevent assessing a fee or deposit for providing a copy of a public record pursuant to the California Public Records Act except where required to accommodate persons with disabilities.43
Any tape or film record of an open and public meeting made for whatever purpose by or at the direction of the local agency is subject to the California Public Records Act; however, it may be erased or destroyed 30 days after the taping or recording. Any inspection of a video or tape recording is to be provided without charge on a video or tape player made available by the local agency.44 The agency may impose its ordinary charge for copies that is consistent with the California Public Records Act.45
In addition, the public is specifically allowed to use audio or videotape recorders or still or motion picture cameras at a meeting to record meetings of legislative bodies, absent a reasonable finding by the body that noise, illumination, or obstruction of view caused by recorders or cameras would persistently disrupt the proceedings.46
38 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Similarly, a legislative body cannot prohibit or restrict the public broadcast of its open and public meetings without making a reasonable finding that the noise, illumination, or obstruction of view would persistently disrupt the proceedings.47
The public’s right to speak during a meeting
Every agenda for a regular meeting must allow members of the public to speak on any item of interest, as long as the item is within the subject matter jurisdiction of the legislative body. Further, the public must be allowed to speak on a specific item of business before or during the legislative body’s consideration of it.48
Q. Must the legislative body allow members of the public to show videos or make a PowerPoint presentation during the public comment part of the agenda, as long as the subject matter is relevant to the agency and is within the established time limit? A. Probably, although the agency is under no obligation to provide equipment.

Moreover, the Brown Act, as well as case law, prevents legislative bodies from prohibiting public criticism of policies, procedures, programs, or services of the agency or the acts or omissions of the legislative body itself.49 However, this prohibition does not provide immunity for defamatory statements.50
Q. May the presiding officer prohibit a member of the audience from publicly criticizing an agency employee by name during public comments?
A. No, as long as the criticism pertains to job performance.

Q. During the public comment period of a regular meeting of the legislative body, a resident urges the public to support and vote for a candidate vying for election to the body. May the presiding officer gavel the speaker out of order for engaging in political campaign speech?
A. There is no case law on this subject. Some would argue that purely campaign issues are outside the subject matter jurisdiction of the body within the meaning of Section 54954.3(a). Others take the view that the speech must be allowed under paragraph (c) of that section where relevant to the governing of the agency and an implicit criticism of the incumbents’ performance of city business.

The legislative body may adopt reasonable regulations, including a limit on the total time permitted for public comment and a limit on the time permitted per speaker.51 Such regulations should be enforced fairly and without regard to speakers’ viewpoints. The legislative body has discretion to modify its regulations regarding time limits on public comment if necessary. For example, the time limit could be shortened to accommodate a lengthy agenda or lengthened to allow additional time for discussion on a complicated matter.52
The public does not need to be given an opportunity to speak on an item that has already been considered by a committee made up exclusively of members of the legislative body at a regular (but not special) public meeting if all interested members of the public had the opportunity to PRACTICE TIP: Public speakers
cannot be compelled to give
their name or address as a
condition of speaking. The clerk
or presiding officer may request
speakers to complete a speaker
card or identify themselves for
the record but must respect a
speaker’s desire for anonymity.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 39
speak on the item before or during its consideration, and if the item has not been substantially changed.53
Notices and agendas for special meetings must also give members of the public the opportunity to speak before or during consideration of an item on the agenda but need not allow members of the public an opportunity to speak on other matters within the jurisdiction of the legislative body.54

ENDNOTES
1 Cal. Gov. Code, § 54954.2, subd. (a)(1).
2 78 Ops.Cal.Atty.Gen. 327 (1995).
3 88 Ops.Cal.Atty.Gen. 218 (2005).
4 Cal. Gov. Code, §§ 54954.2, subd. (a)(1) and 54954.2, subd. (d). 5 Cal. Gov. Code, § 54960.1, subd. (d)(1).
6 99 Ops.Cal.Atty.Gen. 11 (2016).
7 North Pacifica LLC v. California Coastal Commission (2008) 166 Cal.App.4th 1416, 1432.
8 99 Ops.Cal.Atty.Gen. 11 (2016).
9 Cal. Gov. Code, § 54954.2, subd. (a)(1).
10 San Joaquin Raptor Rescue v. County of Merced (2013) 216 Cal.App.4th 1167 (legislative body’s approval of California Environmental Quality Act [CEQA] action [mitigated negative declaration] without specifically listing it on the agenda violates the Brown Act, even if the agenda generally describes the development project that is the subject of the CEQA analysis). See also GI Industries v. City of Thousand Oaks (2022) 84 Cal.App.5th 814 (depublished) (Brown Act requires CEQA finding of exemption to be listed on agenda items that are projects under CEQA). 11 Hernandez v. Town of Apple Valley (2017) 7 Cal.App.5th 194. 12 Cal. Gov. Code, § 54954.5.
13 Cal. Gov. Code, § 54954.1.
14 Cal. Gov. Code, §§ 36934; 54956, subd. (b).
15 Cal. Gov. Code, § 54956, subds. (a) and (c).
16 Cal. Gov. Code, § 54955.
17 Cal. Gov. Code, § 54954.2, subd. (b)(3).
18 Cal. Gov. Code, § 54955.1.
19 Cal. Gov. Code, § 54956.5.
20 Cal. Gov. Code, § 54952.3.
21 Cal. Edu. Code, §§ 35144, 35145, and 72129.
22 Carlson v. Paradise Unified School District (1971) 18 Cal.App.3d 196. 23 Cal. Edu. Code, § 35145.5
24 Cal. Edu. Code, § 54954.6
25 See Cal. Const. Art. XIIIC, XIIID; Cal. Gov. Code, § 54954.6, subd. (h). 26 Cal. Gov. Code, § 54954.2, subd. (b).
27 Cal. Gov. Code, § 54954.2, subd. (a)(2); Cruz v. City of Culver City (2016) 2 Cal.App.5th 239 (sixminute colloquy on non-agenda item with staff answering questions and advising that matter could be placed on future agenda fell within exceptions to discussing or acting upon non-agenda items). 40 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
28 Cal. Gov. Code, § 54953.3.
29 Cal. Gov. Code, § 54961, subd. (a); Cal. Gov. Code, § 11135, subd. (a). 30 Cal. Gov. Code, § 54952.2, subd. (c)(2).
31 Cal. Gov. Code, § 54953, subd. (b).
32 Cal. Gov. Code, § 54953, subd. (c).
33 Cal. Gov. Code, § 54953, subd. (c)(2).
34 Cal. Gov. Code, §§ 54957.9, 54957.95.
35 Norse v. City of Santa Cruz (9th Cir. 2010) 629 F.3d 966 (silent and momentary Nazi salute directed toward mayor is not a disruption); Acosta v. City of Costa Mesa (9th Cir. 2013) 718 F.3d 800 (city council may not prohibit “insolent” remarks by members of the public absent actual disruption); but see Kirkland v. Luken (S.D. Ohio 2008) 536 F.Supp.2d 857 (finding no First Amendment violation by mayor for turning off microphone and removing speaker who used foul and inflammatory language that was deemed as "likely to incite the members of the audience during the meeting, cause disorder, and disrupt the meeting”).
36 Cal. Gov. Code, § 54957.95.
37 Cal. Gov. Code, § 54957.9.
38 Cal. Gov. Code, § 54957.5.
39 Cal. Gov. Code, § 54957.5, subd. (d).
40 Cal. Gov. Code, § 54957.5(b); see also Sierra Watch v. Placer County (2021) 69 Cal.App.5th 1. 41 Cal. Gov. Code § 54957.5.
42 Cal. Gov. Code, § 54957.5, subd. (c).
43 Cal. Gov. Code, § 54957.5, subd. (d).
44 Cal. Gov. Code, § 54953.5, subd. (b).
45 Cal. Gov. Code, § 54957.5, subd. (d).
46 Cal. Gov. Code, § 54953.5, subd. (a).
47 Cal. Gov. Code, § 54953.6.
48 Cal. Gov. Code, § 54954.3, subd. (a).
49 Cal. Gov. Code, § 54954.3, subd. (c); Acosta v. City of Costa Mesa (9th Cir. 2013) 718 F.3d 800. 50 Cal. Gov. Code, § 54954.3, subd. (c).
51 Ribakoff v. City of Long Beach (2018) 27 Cal.App.5th 150 (public comment time limit of three minutes for each speaker did not violate First Amendment).
52 Cal. Gov. Code, § 54954.3. subd. (b); Chaffee v. San Francisco Public Library Commission (2005) 134 Cal.App.4th 109; 75 Ops.Cal.Atty.Gen. 89 (1992).
53 Cal. Gov. Code, § 54954.3, subd. (a); Preven v. City of Los Angeles (2019) 32 Cal.App.5th 925. 54 Cal. Gov. Code, § 54954.3, subd. (a).

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT41 41 Chapter 5

CLOSED SESSIONS
Agendas and reports......................................................................................................... 42 Litigation............................................................................................................................ 43 Real estate negotiations ................................................................................................... 45 Public employment........................................................................................................... 46 Labor negotiations ............................................................................................................ 47 Labor negotiations — school and community college districts ....................................... 48 Other Education Code exceptions.................................................................................... 48 Joint powers authorities ................................................................................................... 48 License applicants with criminal records ......................................................................... 49 Public security................................................................................................................... 49 Multijurisdictional law enforcement agency .................................................................... 49 Hospital peer review and trade secrets ........................................................................... 49 Other legislative bases for closed session ....................................................................... 50 Who may attend closed sessions ..................................................................................... 50 The confidentiality of closed session discussions............................................................ 51 42 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
A closed session is a meeting of a legislative body conducted in private without the attendance of the public or press. A legislative body is authorized to meet in closed session only to the extent expressly authorized by the Brown Act.1
As summarized in chapter 1 of this guide, it is clear that the Brown Act must be interpreted liberally in favor of open meetings, and exceptions that limit public access (including the exceptions for closed session meetings) must be narrowly construed.2 The most common purposes of the closed
session provisions in the Brown Act are to avoid revealing confidential information (e.g., prejudicing the city’s position in litigation or compromising the privacy interests of employees).

Closed sessions should be conducted keeping those narrow purposes in mind. It is not enough that a subject is sensitive, embarrassing, or controversial. Without specific authority in the Brown Act for a closed session, a matter to be considered by a legislative body must be discussed in public. However, there is no prohibition in putting overlapping exceptions on an agenda in order to provide an opportunity for more robust closed session discussions. As an example, a city council cannot give direction to the city manager about a property negotiation during a performance evaluation exception. However, if both real property negotiation and performance evaluation exceptions are on the agenda, those discussions might be conducted.

Similarly, a board of police commissioners cannot meet in closed session to provide general policy guidance to a police chief, even though some matters are sensitive and the commission considers their disclosure contrary to the public interest.3
In this chapter, the grounds for convening a closed session are called “exceptions” because they are exceptions to the general rule that meetings must be conducted openly. In some circumstances, none of the closed session exceptions applies to an issue or information the legislative body wishes to discuss privately. In these cases, it is not proper to convene a closed session, even to protect confidential information. For example, although the Brown Act does authorize closed sessions related to specified types of contracts (e.g., specified provisions of real property agreements, employee labor agreements, and litigation settlement agreements),4 the Brown Act does not authorize closed sessions for other contract negotiations.

Agendas and reports
Closed session items must be briefly described on the posted agenda, and the description must state the specific statutory exemption.5 An item that appears on the open meeting portion of the agenda may not be taken into closed session until it has been properly put on the agenda as a Chapter 5

CLOSED SESSIONS
PRACTICE TIP: Some problems
over closed sessions arise
because secrecy itself breeds
distrust. The Brown Act does
not require closed sessions and
legislative bodies may do well
to resist the tendency to call a
closed session simply because
it may be permitted. A better
practice is to go into closed
session only when necessary.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 43
closed session item or unless it is properly added as a closed-session item by a two-thirds vote of the body after making the appropriate urgency findings.6 The Brown Act supplies a series of fill-in-the-blank sample agenda descriptions for various types of authorized closed sessions that provide a “safe harbor” from legal attacks. These sample agenda descriptions cover license and permit determinations, real property negotiations, existing or anticipated litigation, liability claims, threats to security, public employee appointments, evaluations and discipline, labor negotiations, multijurisdictional law enforcement cases, hospital boards of directors, medical quality assurance committees, joint powers agencies, and audits by the California State Auditor’s Office.7
If the legislative body intends to convene in closed session, it must include the section of the Brown Act authorizing the closed session in advance on the agenda, and it must make a public announcement prior to the closed session discussion. In most cases, the announcement may simply be a reference to the agenda item.8 The legislative body must take public comment on the closed session item before convening in a closed session.

Following a closed session, the legislative body must provide an oral or written report on certain actions taken and the vote of every elected member present. The timing and content of the report vary according to the reason for the closed session and the action taken.9 The announcements may be made at the site of the closed session, as long as the public is allowed to be present to hear them.

If there is a standing or written request for documentation, any copies of contracts, settlement agreements, or other documents finally approved or adopted in closed session must be provided to the requestor(s) after the closed session if final approval of such documents does not rest with any other party to the contract or settlement. If substantive amendments to a contract or settlement agreement approved by all parties requires retyping, such documents may be held until retyping is completed during normal business hours, but the substance of the changes must be summarized for any person inquiring about them.10
The Brown Act does not require minutes, including minutes of closed sessions. However, a legislative body may adopt an ordinance or resolution to authorize a confidential “minute book” be kept to record actions taken at closed sessions.11 If one is kept, it must be made available to members of the legislative body, provided that the member asking to review minutes of a particular meeting was not disqualified from attending the meeting due to a conflict of interest.12 A court may order the disclosure of minute books for the court’s review if a lawsuit makes sufficient claims of an open meeting violation.

Litigation
The Brown Act expressly authorizes closed sessions to discuss what is considered pending litigation.13 The rules that apply to holding a litigation closed session involve complex, technical definitions and procedures. Essentially, a closed session can be held by the body to confer with, or receive advice from, its legal counsel when open discussion would prejudice the position of the local agency in litigation in which the agency is, or could become, a party.14 The litigation exception under the Brown Act is narrowly construed and does not permit activities beyond a legislative body’s conferring with its own legal counsel and required support staff.15 For example, it is not permissible to hold a closed session in which settlement negotiations take place between a legislative body, a representative of an adverse party, and a mediator.16 PRACTICE TIP: Pay close
attention to closed session
agenda descriptions. Using
the wrong label can lead
to invalidation of an action
taken in closed session if not
substantially compliant.
44 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
The California Attorney General has opined that if the agency’s attorney is not a participant, a litigation closed session cannot be held.17 In any event, local agency officials should always consult the agency’s attorney before placing this type of closed session on the agenda in order to be certain that it is being done properly.

Before holding a closed session under the pending litigation exception, the legislative body must publicly state the basis for the closed session by identifying one of the following three types of matters: existing litigation, anticipated exposure to litigation, or anticipated initiation of litigation.18 Existing litigation
Q. May the legislative body agree to settle a lawsuit in a properly noticed closed session without placing the settlement agreement on an open session agenda for public approval? A. Yes, but the settlement agreement is a public document and must be disclosed on request. Furthermore, a settlement agreement cannot commit the agency to matters that are required to have public hearings.19
Existing litigation includes any adjudicatory proceedings before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. The clearest situation in which a closed session is authorized is when the local agency meets with its legal counsel to discuss a pending matter that has been filed in a court or with an administrative agency and names the local agency as a party. The legislative body may meet under these circumstances to receive updates on the case from attorneys, participate in developing strategy as the case develops, or consider alternatives for resolution of the case. Generally, an agreement to settle litigation may be approved in closed session. However, an agreement to settle litigation cannot be approved in closed session if it commits the city to take an action that is required to have a public hearing.20
Anticipated exposure to litigation against the
local agency
Closed sessions are authorized for legal counsel to inform the legislative body of a significant exposure to litigation against the local agency, but only if based on “existing facts and circumstances” as defined by the Brown Act.21 The legislative body may also meet under this exception to determine whether a closed session is authorized based on information provided by legal counsel or staff. In general, the “existing facts and circumstances” must be publicly disclosed unless they are privileged written communications or not yet known to a potential plaintiff. If an agency receives a documented threat of litigation, and intends to discuss that matter in closed session, the record of a litigation threat must be included in the body’s agenda packet.22
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 45
Anticipated initiation of litigation by the local agency A closed session may be held under the exception for the anticipated initiation of litigation when the legislative body seeks legal advice on whether to protect the agency’s rights and interests by initiating litigation.

Certain actions must be reported in open session at the same meeting following the closed session.

Other actions, such as when final approval rests with another party or the court, may be announced when they become final and upon inquiry of any person.23 Each agency attorney should be aware of and make the disclosures that are required by the particular circumstances.

Real estate negotiations
A legislative body may meet in closed session with its negotiator to discuss the purchase, sale, exchange, or lease of real property by or for the local agency. A “lease” includes a lease renewal or renegotiation. The purpose is to grant authority to the legislative body’s negotiator on price and terms of payment.24 Caution should be exercised to limit discussion to price and terms of payment without straying to other related issues, such as site design, architecture, or other aspects of the project for which the transaction is contemplated.25
Q. May other terms of a real estate transaction, aside from price and terms of payment, be addressed in closed session?
A. No. However, there are differing opinions over the scope of the phrase “price and terms of payment” in connection with real estate closed sessions. Many agency attorneys argue that any term that directly affects the economic value of the transaction falls within the ambit of “price and terms of payment.” Others take a narrower, more literal view of the phrase.

The agency’s negotiator may be a member of the legislative body itself. Prior to the closed session, or on the agenda, the legislative body must identify its negotiators, the real property that the negotiations may concern,26 and the names of the parties with whom its negotiator may negotiate.27 After real estate negotiations are concluded, the approval and substance of the agreement must be publicly reported. If its own approval makes the agreement final, the body must report in open session at the public meeting during which the closed session is held. If final approval rests with another party, the local agency must report the approval and the substance of the agreement upon inquiry by any person as soon as the agency is informed of it.28 “Our population is exploding, and we have to think about new school sites,” said Board Member Jefferson.
“Not only that,” interjected Board Member Tanaka, “we need to get rid of a couple of our older facilities.”
“Well, obviously the place to do that is in a closed session,” said Board Member O’Reilly. “Otherwise we’re going to set off land speculation. And if we even mention closing a school, parents are going to be in an uproar.” 46 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
A closed session to discuss potential sites is not authorized by the Brown Act. The exception is limited to meeting with its negotiator over specific sites — which must be identified at an open and public meeting.

Public employment
The Brown Act authorizes a closed session “to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee.”29 The purpose of this exception — commonly referred to as the “personnel exception” — is to avoid undue publicity or embarrassment for an employee or applicant for employment and to allow full and candid discussion by the legislative body; thus, it is restricted to discussing individuals, not general personnel policies.30 The body must possess the power to appoint, evaluate, or dismiss the employee to hold a closed session under this exception.31 That authority may be delegated to a subsidiary appointed body.32 An employee must be given at least 24 hours’ notice of any closed session convened to hear specific complaints or charges against them. This occurs when the legislative body is reviewing evidence, which could include live testimony, and adjudicating conflicting testimony offered as evidence. A legislative body may examine (or exclude) witnesses,33 and the California Attorney General has opined that, when an affected employee and advocate have an official or essential role to play, they may be permitted to participate in the closed session.34 The employee has the right to have the specific complaints and charges discussed in a public session rather than closed session.35 If the employee is not given the 24-hour prior notice, any disciplinary action is null and void.36
However, an employee is not entitled to notice and a hearing where the purpose of the closed session is to consider a performance evaluation. The Attorney General and the courts have determined that personnel performance evaluations do not constitute complaints and charges, which are more akin to accusations made against a person.37 Q. Must 24 hours’ notice be given to an employee whose negative performance evaluation is to be considered by the legislative body in closed session? A. No, the notice is reserved for situations where the body is to hear complaints and charges from witnesses.

Correct labeling of the closed session on the agenda is critical. A closed session agenda that identified discussion of an employment contract was not sufficient to allow dismissal of an employee.38 An incorrect agenda description can result in invalidation of an action and much embarrassment.

For purposes of the personnel exception, “employee” specifically includes an officer or an independent contractor who functions as an officer or an employee. Examples of the former include a city manager, district general manager, or superintendent. Examples of the latter include a legal counsel or engineer hired on contract to act as local agency attorney or chief engineer.

PRACTICE TIP: Discussions of
who to appoint to an advisory
body and whether or not to
censure a fellow member of the
legislative body must be held in
the open.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 47
Elected officials, appointees to the governing body or subsidiary bodies, and independent contractors other than those discussed above are not employees for purposes of the personnel exception.39 Action on individuals who are not “employees” must also be public — including discussing and voting on appointees to committees, debating the merits of independent contractors, or considering a complaint against a member of the legislative body itself.

The personnel exception specifically prohibits discussion or action on proposed compensation in closed session except for a disciplinary reduction in pay. That means, among other things, there can be no personnel closed sessions on a salary change (other than a disciplinary reduction) between any unrepresented individual and the legislative body. However, a legislative body may address the compensation of an unrepresented individual, such as a city manager, in a closed session as part of a labor negotiation (discussed later in this chapter), yet another example of the importance of using correct agenda descriptions.

Reclassification of a job must be public, but an employee’s ability to fill that job may be considered in closed session.

Any closed session action to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee must be reported at the public meeting during which the closed session is held. That report must identify the title of the position, but not the names of all persons considered for an employment position.40 However, a report on a dismissal or non-renewal of an employment contract must be deferred until administrative remedies, if any, are exhausted.41
“I have some important news to announce,” said Mayor Garcia. “We’ve decided to terminate the contract of the city manager effective immediately.

The council has met in closed session, and we’ve negotiated six months’ severance pay.”
“Unfortunately, that has some serious budget consequences, so we’ve had to delay phase two of the East Area Project.”
This may be an improper use of the personnel closed session if the council agenda described the item as the city manager’s evaluation. In addition, other than labor negotiations, any action on individual compensation must be taken in open session.

Caution must be exercised not to discuss in closed session issues, such as budget impacts in this hypothetical, beyond the scope of the posted closed session notice.

Labor negotiations
The Brown Act allows closed sessions for some aspects of labor negotiations. Different provisions (discussed below) apply to school and community college districts.

A legislative body may meet in closed session to instruct its bargaining representatives, which may be one or more of its members,42 on employee salaries and fringe benefits for both represented (“union”) and unrepresented employees. For represented employees, it may also consider working conditions that by law require negotiation. For the purpose of labor negotiation closed sessions, an “employee” includes an officer or an independent contractor who functions as an officer or an employee, but independent contractors who do not serve in the capacity of an officer or employee are not covered by this closed session exception.43
PRACTICE TIP: The personnel
exception specifically prohibits
discussion or action on
proposed compensation in
closed session except for a
disciplinary reduction in pay.
48 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
These closed sessions may take place before or during negotiations with employee representatives. Prior to the closed session, the legislative body must hold an open and public session in which it identifies its designated representatives.

During its discussions with representatives on salaries and fringe benefits, the legislative body may discuss available funds and funding priorities, but only to instruct its representative. The body may also meet in closed session with a conciliator who has intervened in negotiations. 44 The approval of an agreement concluding labor negotiations with represented employees must be reported after the agreement is final and has been accepted or ratified by the other party. The report must identify the item approved and the other party or parties to the negotiation.45 The labor closed sessions specifically cannot include final action on proposed compensation of one or more unrepresented employees.

Labor negotiations — school and community college districts Employee relations for school districts and community college districts are governed by the Rodda Act, where different meeting and special notice provisions apply. The entire board, for example, may negotiate in closed sessions.

Four types of meetings are exempted from compliance with the Rodda Act:

1. A negotiating session with a recognized or certified employee organization.

2. A meeting of a mediator with either side.

3. A hearing or meeting held by a fact finder or arbitrator.

4. A session between the board and its bargaining agent, or the board alone, to discuss its position regarding employee working conditions and instruct its agent.46 Public participation under the Rodda Act also takes another form.47 All initial proposals of both sides must be presented at public meetings and are public records. The public must be given reasonable time to inform itself and to express its views before the district may adopt its initial proposal. In addition, new topics of negotiations must be made public within 24 hours. Any votes on such a topic must be followed within 24 hours by public disclosure of the vote of each member.48 The final vote must be in public.

Other Education Code exceptions
The Education Code governs student disciplinary meetings by boards of school districts and community college districts. District boards may hold a closed session to consider the suspension or discipline of a student if a public hearing would reveal personal, disciplinary, or academic information about the student contrary to state and federal pupil privacy law. The student’s parent or guardian may request an open meeting.49
Community college districts may also hold closed sessions to discuss some student disciplinary matters, awarding of honorary degrees, or gifts from donors who prefer to remain anonymous.50 Kindergarten through 12th grade districts may also meet in closed session to review the contents of the statewide assessment instrument.51
PRACTICE TIP: Prior to the closed
session, the legislative body
must hold an open and public
session in which it identifies its
designated representatives.

PRACTICE TIP: Attendance by the
entire legislative body before a
grand jury would not constitute
a closed session meeting under
the Brown Act.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 49
Joint powers authorities
The legislative body of a joint powers authority may adopt a policy regarding limitations on disclosure of confidential information obtained in closed session, and may meet in closed session to discuss information that is subject to the policy.52 License applicants with criminal records
A closed session is permitted when an applicant who has a criminal record applies for a license or license renewal and the legislative body wishes to discuss whether the applicant is sufficiently rehabilitated to receive the license. The applicant and the applicant’s attorney are authorized to attend the closed session meeting. If the body decides to deny the license, the applicant may withdraw the application. If the applicant does not withdraw it, the body must deny the license in public, either immediately or at its next meeting. No information from the closed session can be revealed without consent of the applicant, unless the applicant takes action to challenge the denial.53
Public security
Legislative bodies may meet in closed session to discuss matters posing a threat to the security of public buildings; essential public services, including water, sewer, gas, or electric service; or to the public’s right of access to public services or facilities over which the legislative body has jurisdiction. Closed session meetings for these purposes must be held with designated security or law enforcement officials, including the Governor, Attorney General, district attorney, agency attorney, sheriff or chief of police, or their deputies or agency security consultant or security operations manager.54 Action taken in closed session with respect to such public security issues is not reportable action.

Multijurisdictional law enforcement agency
A joint powers agency formed to provide law enforcement services (involving drugs; gangs; sex crimes; firearms trafficking; felony possession of a firearm; high technology, computer, or identity theft; human trafficking; or vehicle theft) to multiple jurisdictions may hold closed sessions to discuss case records of an ongoing criminal investigation, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases.55 The exception applies to the legislative body of the joint powers agency and to any body advisory to it. The purpose is to prevent impairment of investigations, to protect witnesses and informants, and to permit discussion of effective courses of action.56 Hospital peer review and trade secrets
Two specific kinds of closed sessions are allowed for district hospitals and municipal hospitals under other provisions of law:57

1. A meeting to hear reports of hospital medical audit or quality assurance committees or for related deliberations. However, an applicant or medical staff member whose staff privileges are the direct subject of a hearing may request a public hearing.

2. A meeting to discuss “reports involving trade secrets” — provided no action is taken. 50 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
A “trade secret” is defined as information that is not generally known to the public or competitors and that (1) “derives independent economic value, actual or potential” by virtue of its restricted knowledge; (2) is necessary to initiate a new hospital service or program or facility; and (3) would, if prematurely disclosed, create a substantial probability of depriving the hospital of a substantial economic benefit.

The provision prohibits use of closed sessions to discuss transitions in ownership or management, or the district’s dissolution.58 Other legislative bases for closed session
Since any closed session meeting of a legislative body must be authorized by the Legislature, it is important to review the Brown Act carefully to determine if there is a provision that authorizes a closed session for a particular subject matter. There are some less frequently encountered topics that are authorized to be discussed by a legislative body in closed session under the Brown Act, including a response to a confidential final draft audit report from the Bureau of State Audits,59 consideration of the purchase or sale of particular pension fund investments by a legislative body of a local agency that invests pension funds,60 hearing a charge or complaint from a member enrolled in a health plan by a legislative body of a local agency that provides MediCal services,61 discussions by a county board of supervisors that governs a health plan licensed pursuant to the Knox-Keene Health Care Services Plan Act related to trade secrets or contract negotiations concerning rates of payment,62 and discussions by an insurance pooling joint powers agency related to a claim filed against, or liability of, the agency or a member of the agency.63 Who may attend closed sessions
Meetings of a legislative body are either fully open or fully closed; there is nothing in between.

Therefore, local agency officials and employees must pay particular attention to the authorized attendees for the particular type of closed session. As summarized above, the authorized attendees may differ based on the topic of the closed session. Closed sessions may involve only the members of the legislative body and only agency counsel, management and support staff, and consultants necessary for consideration of the matter that is the subject of closed session, with very limited exceptions for adversaries or witnesses with official roles in particular types of hearings (e.g., personnel disciplinary hearings and license hearings). In any case, individuals who do not have an official or essential role in the closed session subject matters must be excluded from closed sessions.65
Q. May the lawyer for someone suing the agency attend a closed session in order to explain to the legislative body why it should accept a settlement offer? A. No, attendance in closed sessions is reserved exclusively for the agency’s advisors.

PRACTICE TIP: Meetings are
either open or closed. There is
nothing “in between.”64
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 51
The confidentiality of closed session discussions
The Brown Act explicitly prohibits the unauthorized disclosure of confidential information acquired in a closed session by any person present, and offers various remedies to address breaches of confidentiality.66 It is incumbent upon all those attending lawful closed sessions to protect the confidentiality of those discussions. One court has held that members of a legislative body cannot be compelled to divulge the content of closed session discussions through the discovery process.67 Only the legislative body acting as a body may agree to divulge confidential closed session information. With regard to attorney-client privileged communications, the entire body is the holder of the privilege, and only the entire body can decide to waive the privilege.68 Before adoption of the Brown Act provision specifically prohibiting disclosure of closed session communications, agency attorneys and the Attorney General long opined that officials have a fiduciary duty to protect the confidentiality of closed session discussions. The Attorney General issued an opinion that it is “improper” for officials to disclose information regarding pending litigation that was received during a closed session,69 though the Attorney General has also concluded that a local agency is preempted from adopting an ordinance criminalizing public disclosure of closed session discussions.70 In any event, in 2002, the Brown Act was amended to prescribe particular remedies for breaches of confidentiality. These remedies include injunctive relief and, if the breach is a willful disclosure of confidential information, disciplinary action against an employee and referral of a member of the legislative body to the grand jury.71 The duty of maintaining confidentiality, of course, must give way to the responsibility to disclose improper matters or discussions that may come up in closed sessions. In recognition of this public policy, under the Brown Act, a local agency may not penalize a disclosure of information learned during a closed session if the disclosure (1) is made in confidence to the district attorney or the grand jury due to a perceived violation of law; (2) is an expression of opinion concerning the propriety or legality of actions taken in closed session, including disclosure of the nature and extent of the illegal action; or (3) is information that is not confidential.72 The interplay between these possible sanctions and an official’s First Amendment rights is complex and beyond the scope of this guide. Suffice it to say that this is a matter of great sensitivity and controversy.
“I want the press to know that I voted in closed session against filing the eminent domain action,” said Council Member Chang.
“Don’t settle too soon,” reveals Council Member Watson to the property owner, over coffee. “The city’s offer coming your way is not our bottom line.” The first comment to the press may be appropriate if it is a part of an action taken by the city council in closed session that must be reported publicly.73 The second comment to the property owner is not. Disclosure of confidential information acquired in closed session is expressly prohibited and harmful to the agency.

PRACTICE TIP: There is a strong
interest in protecting the
confidentiality of proper and
lawful closed sessions.
52 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS

ENDNOTES
1 Cal. Gov. Code, § 54962.
2 Cal. Const. , Art. 1, § 3.
3 61 Ops.Cal.Atty.Gen. 220 (1978); but see Cal. Gov. Code, § 54957.8 (multijurisdictional law enforcement agencies are authorized to meet in closed session to discuss the case records of ongoing criminal investigations and other related matters).
4 Cal. Gov. Code, § 54957.1.
5 Cal. Gov. Code, § 54954.5.
6 Cal. Gov. Code, § 54954.2.
7 Cal. Gov. Code, § 54954.5.
8 Cal. Gov. Code, §§ 54956.9, 54957.7.
9 Cal. Gov. Code, § 54957.1, subd. (a).
10 Cal. Gov. Code, § 54957.1, subd. (b).
11 Cal. Gov. Code, § 54957.2.
12 Hamilton v. Town of Los Gatos (1989) 213 Cal.App.3d 1050; 2 Cal. Code Regs. § 18707. 13 But see Roberts v. City of Palmdale (1993) 5 Cal.4th 363 (protection of the attorney-client privilege alone cannot by itself be the reason for a closed session). 14 Cal. Gov. Code, § 54956.9; Shapiro v. Board of Directors of Center City Development Corp. (2005) 134 Cal.App.4th 170 (agency must be a party to the litigation). 15 82 Ops.Cal.Atty.Gen. 29 (1999).
16 Page v. Miracosta Community College District (2009) 180 Cal.App.4th 471. 17 “The Brown Act,” California Attorney General (2003), p. 40. 18 Cal. Gov. Code, § 54956.9, subd. (g).
19 See e.g., Avco Community Developers, Inc. v. South Coast Regional Com. (1976) 17 Cal.3d 785; Trancas Property Owners Assn. v. City of Malibu (2006) 138 Cal.App.4th 172. 20 Trancas Property Owners Assn. v. City of Malibu (2006) 138 Cal.App.4th 172. 21 Cal. Gov. Code, § 54956.9, subd. (e).
22 Fowler v. City of Lafayette (2020) 46 Cal.App.5th 360. 23 Cal. Gov. Code, § 54957.1.
24 Cal. Gov. Code, § 54956.8.
25 Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904. See also 93 Ops.Cal.Atty.Gen. 51 (2010) (redevelopment agency may not convene a closed session to discuss rehabilitation loan for a property already subleased to a loan recipient, even if the loan incorporates some of the sublease terms and includes an operating covenant governing the property); 94 Ops.Cal.Atty.Gen. 82 (2011) (real estate closed session may address form, manner, and timing of consideration and other items that cannot be disclosed without revealing price and terms).
26 73 Ops.Cal.Atty.Gen. 1 (1990).
27 Cal. Gov. Code, §§ 54956.8, 54954.5, subd. (b).
28 Cal. Gov. Code, § 54957.1, subd. (a)(1).
29 Cal. Gov. Code, § 54957, subd. (b).
30 63 Ops.Cal.Atty.Gen. 153 (1980); but see Duvall v. Board of Trustees (2000) 93 Cal.App.4th 902 (board may discuss personnel evaluation criteria, process and other preliminary matters in closed session but only if related to the evaluation of a particular employee).

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 53
31 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 85 Ops.Cal.Atty.Gen. 77 (2002).
32 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 80 Ops.Cal.Atty.Gen. 308 (1997). Interviews of candidates to fill a vacant staff position conducted by a temporary committee appointed by the governing body may be done in closed session. 33 Cal. Gov. Code, § 54957, subd. (b)(3).
34 88 Ops.Cal.Atty.Gen. 16 (2005).
35 Morrison v. Housing Authority of the City of Los Angeles (2003) 107 Cal.App.4th 860. 36 Cal. Gov. Code, § 54957, subd. (b); but see Bollinger v. San Diego Civil Service Commission (1999) 71 Cal.App.4th 568 (notice not required for closed session deliberations regarding complaints or charges when there was a public evidentiary hearing prior to closed session). 37 78 Ops.Cal.Atty.Gen. 218 (1995); Bell v. Vista Unified School District (2000) 82 Cal.App.4th 672; Furtado v. Sierra Community College (1998) 68 Cal.App.4th 876; Fischer v. Los Angeles Unified School District (1999) 70 Cal.App.4th 87.
38 Moreno v. City of King (2005) 127 Cal.App.4th 17.
39 Cal. Gov. Code, § 54957.
40 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165. 41 Cal. Gov. Code, § 54957.1, subd. (a)(5).
42 Cal. Gov. Code, § 54957.6.
43 Cal. Gov. Code, § 54957.6, subd. (b); see also 98 Ops.Cal.Atty.Gen. 41 (2015) (a project labor agreement between a community college district and workers hired by contractors or subcontractors is not a proper subject of closed session for labor negotiations because the workers are not “employees” of the district).
44 Cal. Gov. Code, § 54957.6; 51 Ops.Cal.Atty.Gen. 201 (1968). 45 Cal. Gov. Code, § 54957.1, subd. (a)(6).
46 Cal. Gov. Code, § 3549.1.
47 Cal. Gov. Code, § 3540.
48 Cal. Gov. Code, § 3547.
49 Cal. Edu. Code, § 48918; but see Rim of the World Unified School District v. Superior Court (2003) 104 Cal.App.4th 1393 (Section 48918 preempted by the Federal Family Educational Right and Privacy Act in regard to expulsion proceedings).
50 Cal. Edu. Code, § 72122.
51 Cal. Edu. Code, § 60617.
52 Cal. Gov. Code, § 54956.96.
53 Cal. Gov. Code, § 54956.7.
54 Cal. Gov. Code, § 54957.
55 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.

App.4th 354.
56 Cal. Gov. Code, § 54957.8.
57 Cal. Gov. Code, § 54962.
58 Cal. Health and Saf. Code, § 32106.
59 Cal. Gov. Code, § 54956.75.
60 Cal. Gov. Code, § 54956.81.
54 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
61 Cal. Gov. Code, § 54956.86.
62 Cal. Gov. Code, § 54956.87.
63 Cal. Gov. Code, § 54956.95.
64 Ops.Cal.Atty.Gen. 34 (1965)
65 82 Ops.Cal.Atty.Gen. 29 (1999); 2022 WL 1814322, 105 Ops. Cal.Atty.Gen. 89 (2022). 66 Cal. Gov. Code, § 54963.
67 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 327. See also Cal. Gov. Code, § 54963. 68 Roberts v. City of Palmdale (1993) 5 Cal.4th 363.
69 80 Ops.Cal.Atty.Gen. 231 (1997).
70 76 Ops.Cal.Atty.Gen. 289 (1993).
71 Cal. Gov. Code, § 54963.
72 Cal. Gov. Code, § 54963.
73 Cal. Gov. Code, § 54957.1.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT55 55 Chapter 6

REMEDIES
Invalidation of action taken .............................................................................................. 56 Declaratory relief to determine whether past action violated the act............................. 57 Civil action to prevent future violations............................................................................ 57 Costs and attorney’s fees ................................................................................................. 58 Misdemeanor penalties .................................................................................................... 58 Voluntary resolution.......................................................................................................... 59 56 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 6: REMEDIES
A violation of the Brown Act can lead to invalidation of the agency’s action, payment of a challenger’s attorney fees, public embarrassment, and even criminal prosecution. As explained below, a legislative body often has an opportunity to correct a violation prior to the filing of a lawsuit. Compliance ultimately results from regular training and a good measure of self-regulation on the part of public officials.

This chapter discusses the remedies available to the public when that self-regulation is ineffective.

Invalidation of action taken
Any interested person, including the district attorney, may seek to invalidate certain actions of a legislative body on the grounds that they violate the Brown Act.1 The following actions cannot be invalidated:
ƒ Those taken in substantial compliance with the law. No Brown Act violation is found when the given notice substantially complies with the Brown Act, even when the notice erroneously cites the wrong Brown Act section but adequately advises the public that the legislative body will meet with legal counsel to discuss potential litigation in closed session.2
ƒ Those involving the sale or issuance of notes, bonds, or other indebtedness, or any related contracts or agreements.3
ƒ Those creating a contractual obligation, including a contract awarded by competitive bid for other than compensation for professional services, upon which a party has in good faith relied to its detriment.4
ƒ Those connected with the collection of any tax.5

ƒ Those in which the complaining party had actual notice at least 72 hours prior to the regular meeting or 24 hours prior to the special meeting, as the case may be, at which the action is taken.6
Before filing a court action seeking invalidation, a person who believes that a violation has occurred must send a written “cure or correct” demand to the legislative body. This demand must clearly describe the challenged action and the nature of the claimed violation. This demand must be sent within 90 days of the alleged violation, or within 30 days if the action was taken in open session but in violation of Section 54954.2, which requires (subject to specific exceptions) that a legislative body may act only on items posted on the agenda.7 The legislative body then has up to 30 days to cure and correct its action.8 The purpose of this requirement is to offer the body an opportunity to consider whether a violation has occurred and, if so, consider correcting the action to avoid the costs of litigation. If the legislative body does not act, any lawsuit must be filed within the next 15 days.9
Chapter 6

REMEDIES
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 57
Although just about anyone has standing to bring an action for invalidation,10 the challenger must show prejudice as a result of the alleged violation.11 An action to invalidate fails to state a cause of action against the agency if the body deliberated but did not take an action.12 Declaratory relief to determine whether past action violated the act Any interested person, including the district attorney, may file a civil action to determine whether a past action of a legislative body constitutes a violation of the Brown Act and is subject to a mandamus, injunction, or declaratory relief action.13 Before filing an action, the interested person must, within nine months of the alleged violation of the Brown Act, submit a “cease and desist” letter to the legislative body clearly describing the past action and the nature of the alleged violation.14 The legislative body has 30 days after receipt of the letter to provide an unconditional commitment to cease and desist from the past action.15 If the body fails to take any action within the 30-day period or takes an action other than an unconditional commitment, the interested person has 60 days to file an action.16
The legislative body’s unconditional commitment must be approved at a regular or special meeting as a separate item of business and not on the consent calendar.17 The unconditional commitment must be substantially in the form set forth in the Brown Act.18 No legal action may thereafter be commenced regarding the past action.19 However, an action of the legislative body in violation of its unconditional commitment constitutes an independent violation of the Brown Act, and a legal action consequently may be commenced without following the procedural requirements for challenging past actions.20
The legislative body may rescind its prior unconditional commitment by a majority vote of its membership at a regular meeting as a separate item of business not on the consent calendar. At least 30 days written notice of the intended rescission must be given to each person to whom the unconditional commitment was made and to the district attorney. Upon rescission, any interested person may commence a legal action regarding the past actions without following the procedural requirements for challenging past actions.21
Civil action to prevent future violations
The district attorney or any interested person can file a civil action asking the court to do the following:
ƒ Stop or prevent violations or threatened violations of the Brown Act by members of the legislative body.
ƒ Determine the applicability of the Brown Act to actions or threatened future action of the legislative body.
ƒ Determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid under state or federal law.
ƒ Compel the legislative body to audio-record its closed sessions.22 PRACTICE TIP: A lawsuit to
invalidate must be preceded by
a demand to cure and correct
the challenged action in order
to give the legislative body
an opportunity to consider its
options. The Brown Act does not
specify how to cure or correct
a violation; the best method
is to rescind the action being
complained of and start over, or
reaffirm the action if the local
agency relied on the action and
rescinding the action would
prejudice the local agency.
58 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 6: REMEDIES
It is not necessary for a challenger to prove a past pattern or practice of violations by the local agency in order to obtain injunctive relief. A court may presume when issuing an injunction that a single violation will continue in the future when the public agency refuses to admit to the alleged violation or to renounce or curtail the practice.23 A court may not compel elected officials to disclose their recollections of what transpired in a closed session.24 Upon finding a violation of the Brown Act pertaining to closed sessions, a court may compel the legislative body to audio record its future closed sessions.25 In a subsequent lawsuit to enforce the Brown Act alleging a violation occurring in closed session, a court may upon motion of the plaintiff review the audio recording if it finds there is good cause to think the Brown Act has been violated and make public a certified transcript of the relevant portion of the closed session recording.26 Costs and attorney’s fees
A plaintiff who successfully invalidates an action taken in violation of the Brown Act or who successfully enforces one of the Brown Act’s civil remedies may seek court costs and reasonable attorney’s fees. Courts have held that attorney’s fees must be awarded to a successful plaintiff unless special circumstances exist that would make a fee award against the public agency unjust.27 When evaluating how to respond to assertions that the Brown Act has been violated, elected officials and their lawyers should assume that attorney’s fees will be awarded against the agency if a violation of the Brown Act is proven.

An attorney’s fee award may only be directed against the local agency and not the individual members of the legislative body. If the local agency prevails, it may be awarded court costs and attorney’s fees if the court finds the lawsuit was clearly frivolous and lacking in merit.28 Misdemeanor penalties
A violation of the Brown Act is a misdemeanor if (1) a member of the legislative body attends a meeting where action is taken in violation of the Brown Act, and (2) the member intends to deprive the public of information that the member knows or has reason to know the public is entitled to.29 “Action taken” is not only an actual vote but also a collective decision, commitment, or promise by a majority of the legislative body to make a positive or negative decision.30 If the meeting involves mere deliberation without the taking of action, there can be no misdemeanor penalty.

A violation occurs for a tentative as well as final decision.31 In fact, criminal liability is triggered by a member’s participation in a meeting in violation of the Brown Act — not whether that member has voted with the majority or minority, or has voted at all.

As with other misdemeanors, the filing of a complaint is up to the district attorney. Although criminal prosecutions of the Brown Act are uncommon, district attorneys in some counties aggressively monitor public agencies’ adherence to the requirements of the law.

Some attorneys and district attorneys take the position that a Brown Act violation may be pursued criminally under Government Code section 1222.32 There is no case law to support this view.

If anything, the existence of an express criminal remedy within the Brown Act would suggest otherwise.33
PRACTICE TIP: Attorney’s fees
will likely be awarded if a
violation of the Brown Act is
proven.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 59
Voluntary resolution
Successful enforcement actions for violations of the Brown Act can be costly to local agencies. The district attorney or even the grand jury occasionally becomes involved. Publicity surrounding alleged violations of the Brown Act can result in a loss of confidence by constituents in the legislative body and its members. It is in the agency’s interest to consider re-noticing and rehearing, rather than litigating, an item of significant public interest, particularly when there is any doubt about whether the open meeting requirements were
satisfied.

Overall, agencies that regularly train their officials and pay close attention to the requirements of the Brown Act will have little reason to worry about enforcement.

ENDNOTES
1 Cal. Gov. Code, § 54960.1. Invalidation is limited to actions that violate the following sections of the Brown Act: section 54953 (the basic open meeting provision), sections 54954.2 and 54954.5 (notice and agenda requirements for regular meetings and closed sessions), 54954.6 (tax hearings), 54956 (special meetings), and 54596.5 (emergency situations). Violations of sections not listed above cannot give rise to invalidation actions, but they are subject to the other remedies listed in section 54960.1. 2 Castaic Lake Water Agency v. Newhall County Water District (2015) 238 Cal.App.4th 1196, 1198. 3 Cal. Gov. Code, § 54960.1(d)(2).
4 Cal. Gov. Code, § 54960.1(d)(3).
5 Cal. Gov. Code, § 54960.1(d)(4).
6 Cal. Gov. Code, § 54960.1(d)(5).
7 Cal. Gov. Code, § 54960.1, subds. (b), (c)(1).
8 Cal. Gov. Code, § 54960.1, subd. (c)(2).
9 Cal. Gov. Code, § 54960.1, subd. (c)(4).
10 McKee v. Orange Unified School District (2003) 110 Cal.App.4th 1310, 1318-1319. 11 Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 547, 556, 561. 12 Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1116-17, 1118. 13 Cal. Gov. Code, § 54960.2, subd. (a); Senate Bill No. 1003, Section 4 (2011-2012 Session). 14 Cal. Gov. Code, § 54960.2, subds. (a)(1), (2).
15 The legislative body may provide an unconditional commitment after the 30-day period. If the commitment is made after the 30-day period, however, the plaintiff is entitled to attorneys’ fees and costs. Cal. Gov. Code, § 54960.2, subd. (b).
16 Cal. Gov. Code, § 54960.2, subd. (a)(4).
17 Cal. Gov. Code, § 54960.2, subd. (c)(2).

Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
60 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 6: REMEDIES
18 Cal. Gov. Code, § 54960.2, subd. (c)(1).
19 Cal. Gov. Code, § 54960.2, subd. (c)(3).
20 Cal. Gov. Code, § 54960.2, subd. (d).
21 Cal. Gov. Code, § 54960.2, subd. (e).
22 Cal. Gov. Code, § 54960, subd. (a).
23 California Alliance for Utility Safety and Education (CAUSE) v. City of San Diego (1997) 56 Cal.App.4th 1024; Common Cause v. Stirling (1983) 147 Cal.App.3d 518, 524; Accord Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904, 916 and fn.6.
24 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 334-36. 25 Cal. Gov. Code, § 54960, subd. (b).
26 Cal. Gov. Code, § 54960, subd. (c).
27 Los Angeles Times Communications, LLC v. Los Angeles County Board of Supervisors (2003) 112 Cal.

App.4th 1313, 1327-29 and cases cited therein.
28 Cal. Gov. Code, § 54960.5.
29 Cal. Gov. Code, § 54959. A misdemeanor is punishable by a fine of up to $1,000 or up to six months in county jail, or both (California Penal Code section 19). Employees of the agency who participate in violations of the Brown Act cannot be punished criminally under section 54959. However, at least one district attorney instituted criminal action against employees based on the theory that they criminally conspired with the members of the legislative body to commit a crime under section 54949. 30 Cal. Gov. Code, § 54952.6.
31 61 Ops.Cal.Atty.Gen. 283 (1978).
32 California Government Code section 1222 provides that “[e]very wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor.” 33 The principle of statutory construction known as expressio unius est exclusio alterius supports the view that section 54959 is the exclusive basis for criminal liability under the Brown Act.

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Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
ii
MISSION and CORE BELIEFS
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VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
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About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
1 Table of Contents
About the Author............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion........................................................2 Motions in General.........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input..................................................................................7 2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:
5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: Tell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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Acknowledgment of Receipt and Statement of Commitment
I have received my copy of the City of Carpinteria’s City Council Advisory Group Handbook. My signature below certifies that I understand and agree that it is my responsibility to read and abide by the policies and procedures contained in this Handbook. I further understand that the policies and procedures contained in this Handbook may be added to, deleted or changed by the City at any time.

As a member of a Carpinteria City Council Advisory Group, I agree to uphold the Rules of Conduct and Decorum specified in this Handbook.

I affirm that I have read and that I understand, accept, and support the City’s Rules of Conduct and Decorum.

Please fill out the information below and sign and return this page to the City Clerk’s Office.
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APPENDIX III
Code of Conduct - Practical Guidelines for
Addressing Offensive Speech
32885189.1
City of Carpinteria
Code of Conduct – Practical Guidelines for Addressing
Offensive Speech
The following practical guidelines are intended to assist City staff and elected or appointed officials navigate and respond to offensive speech from members of the public during public meetings:

Difference Between Offensive Speech and Disruption of Meeting • During public comments periods, individuals have a right to say whatever they wish (including, using obscene and/or demeaning language and hate epithets) as long as it does not disrupt the meeting
• The following actions are not within a speaker’s rights and can be enforced to avoid disruption of a meeting:
o Exceeding the allotted time to provide public comments (usually 3 minutes) o Yelling and screaming in a manner that does not make it possible continue the meeting o Speaking without being recognized by the presiding officer o Making specific threats that they are capable of following through on o Inciting violence or using “fighting words”
o Speaking on issues that are not in the subject matter jurisdiction of the body, (this may be difficult to know without listening to the testimony which might seem to start off topic but later connect to topics within the body’s jurisdiction) Strategies for Managing Offensive Speech at Public Meetings (while protecting First Amendment rights)
• Stop the meeting to consult with your attorney for advice. If you think that a member of the public is disrupting the meeting, stop the meeting to ask for advice from the City Attorney.

This will allow for a cooling off before reacting in the heat of the moment. • Gavel and/or mute microphone. When bigoted epithets, profanity, personal attacks and other offensive comments are made by a member of the public, the presiding officer can temporarily gavel to silence and/or mute a speaker’s microphone. If the presiding officer gavels a member of the public to silence or mutes their microphone they should also:
o Acknowledge that the individual has a First Amendment right to make such comments and is not restricted or prohibited from using offensive speech o Inform the speaker that he or she will be given the full three minutes they are entitled to under law
o State that, notwithstanding the individual’s free speech right under the First Amendment, the individual’s offensive speech is unwelcome, inappropriate and interferes with the ability of those present to listen and/or fully consider the individual’s comments o Following the speaker’s comments, invite and allow other members of the body to use their free speech rights to make statements condemning the speaker’s offensive speech (while also reassuring the speaker that he or she has the right to use the offensive language)
• Wait out the 3 minutes. Rather than getting into a back and forth with the problematic speaker In many cases it may be better to wait out the 3 minutes (or however many minutes the presiding officer has designated for each public comment) and then allow members of the body to make statements (as set forth above). As a reminder, the presiding officer may not prohibit the individual from using offensive speech. The only speech that can be restricted are specific threats that the individual is capable of following through on and/or “fighting words” or words that incite violence.
• Warning and removal from meeting. Uniformed law enforcement officers can also be called upon to help avoid disruption of a meeting, including removal of an individual if warranted.

Public officials should be careful not to be publicly prescriptive in directing law enforcement officers to remove an individual, but rather ask for intervention, seek advice from the City Attorney, and allow the law enforcement officer to make the judgment call about how to control the situation. Repetitive and progressive warnings should also be provided to the individual prior to his or her removal by law enforcement.
• Calling for a break in the meeting. If the conduct is not brought within control or additional speakers or audience members continue the disruption, consider calling for a break in the meeting before proceeding. This can cool down anger and give City staff and law enforcement officers the opportunity to talk with other members of the public and establish respect that can bring more civil behavior upon resumption of the meeting. • Adjourning the meeting. If the above tactics do not control the disruption, the meeting can be adjourned to a future time when the business of the public body can be continued. 32876757.2
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
March 10, 2025

ITEM FOR COUNCIL CONSIDERATION
Resolution Opposing Oil Transportation By Pipeline

STAFF RECOMMENDATION
Adopt Resolution No. 6373 Opposing Oil Transportation by Pipeline and direct staff to transmit the resolution to the Santa Barbara County Board of Supervisors and the California Coastal Commission.

Sample Motion: I move to adopt Resolution No. 6373, as read by title only, and to transmit the resolution to the Santa Barbara County Board of Supervisors and the California Coastal Commission.

BACKGROUND
On February 14, 2024, Sable Offshore Corporation b acquired onshore Santa Ynez Unit ( SYU ) facilities from ExxonMobil Corporation, and the Pacific Offshore Pipeline Company ( POPCO ) Gas Plant and Las Flores Pipeline System from the Pacific Pipeline Company. The three facilities are existing, operationally interrelated oil and gas facilities, permitted to operate under Santa Barbara County Final Development Plan Permits and Coastal Development Permits.

On March 14, 2024, Sable submitted applications to County Planning and Development for the following:

A Change of Owner, Operator and Guarantor of the onshore SYU facilities permit, No. 87-DP-32cz (RV06), from ExxonMobil Corporation to Sable; A Change of Operator and Guarantor of the POPCO Gas Plant permit, No. 93- FDP-015 (AM03), from ExxonMobil Corporation to Sable; and A Change of Operator and Guarantor of the Las Flores Pipeline System permit, No. 88-DPF-033 (RV01)z, 88-CP-60 (RV01)(88-DPF-25cz;85-DP-66cz; 83-DP- Resolution Opposing Oil Transportation by Pipeline
March 10, 2025