Carpinteria City Council
March 24, 2025

City of Carpinteria
City Council Regular Meeting Agenda
Monday, March 24, 2025
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website (https://carpinteriaca.gov/cityhall/agendas-meetings/). • 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 agenda website available at https://carpinteriaca.gov/city-hall/agendas-meetings/.

Please reference the agenda item to which your comment pertains. Although City Council Regular Meeting Agenda
March 24, 2025

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 24, 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 April 2025 as “DMV/Donate Life Month” in the City of Carpinteria. (Requires taking public comment and approval prior to the City Council reading and presenting the proclamation.)

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

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

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 City Council Regular Meeting Agenda
March 24, 2025

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.

3. Approve the minutes of the special meeting held March 4, 2025 and the regular meeting held March 10, 2025.

4. Receive and file the Expenditures for the period beginning March 3, 2025 and ending March 14, 2025.

5. Receive and file the Report of Contracts Executed by the City Manager for the Period of February 4, 2025 through March 3, 2025.

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

7. Adopt Resolution No. 6375, as read by title only, directing the City Manager to prepare a report for the consideration of continuing the ad valorem tax Street Lighting District No. 1 for the Fiscal Year 2025-26.

8. Adopt Resolution No. 6376, as read by title only, ordering the preparation of a report describing the financial status of the District and recommending assessments for Fiscal Year 2025-26 for Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3.

9. Adopt Resolution No. 6377, ordering a report by the Downtown “T” Business Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2025-26.

10. Adopt Resolution No. 6378, as read by title only, ordering the preparation of a report describing the Winter Protection Berm Program and associated assessment and continue the Winter Protection Berm Assessment District No. 5 for Fiscal Year 2025-26.

11. Authorize the City Manager to recruit for the Public Works Manager position.

City Council Regular Meeting Agenda
March 24, 2025

ADMINISTRATIVE MATTERS:

12. Selection of the 2024 City of Carpinteria Volunteer of the Year.

Recommendation: (1) Commend Carpinteria Volunteer of the Year nominees for their service in 2024 and select a Volunteer of the Year recipient; (2) Direct City staff to submit the Volunteer of the Year recipient to the Carpinteria Community Association’s Community Awards; and (3) Direct staff to prepare a Resolution for the Volunteer of the Year awardee to be adopted at a future City Council meeting.

Staff Presenter: Ryan Kintz, Assistant City Manager
a. Staff Report
b. Public Comment
c. City Council Determination

13. Closeout of the 2022 Pavement Rehabilitation Project.

Recommendation: (1) Authorize the Mayor to sign the Closeout Agreement and Release of Claims for the 2022 Pavement Rehabilitation Project with Toro Enterprises, Inc.; (2) Authorize the City Manager to release the construction contract bonds after one year of acceptance of the work by the City in accordance with the warranty required by the construction contract; and (3) Approve a budget appropriation in the amount of $250,000 to the Capital Improvements Fund. (Requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

14. Approval of the Amended Agreement between the City of Carpinteria and South Coast Community Media Access Center (dba TV Santa Barbara).

Recommendation: Authorize the City Manager to Approve the Amended Agreement between the City of Carpinteria and South Coast Community Media Access Center. (Requires a roll call vote.)
Staff Presenter: Michael Ramirez, City Manager
a. Staff Report
b. Public Comment
c. City Council Determination
City Council Regular Meeting Agenda
March 24, 2025

15. Adoption of an Electronic Signature Policy.

Recommendation: Adopt Resolution No. 6374, establishing an Electronic Signature Policy.

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

16. Proposition 218 Protest Hearing for Proposed 5% Increase to City of Carpinteria’s (“City”) Solid Waste AB 939 Program (“Solid Waste Program”) fee (“AB 939 Fee”)
Recommendation: (1) Conduct a public hearing to accept both written and verbal protests submitted in response to the City’s proposed 5% increase to its AB 939 Fee, track the number of protests, and, if the number of written protests received does not constitute a majority, make a finding that there is not a majority protest and that the Council can approve the proposed increase and (2) Approve and adopt Resolution No. 6371 titled “Increasing the AB 939 Fee and Amending and Restating the Amended and Restated Franchise Agreement for Solid Waste Handling Services Between the City of Carpinteria and E.J. Harrison & Sons, Inc. to Reflect This Change.” (Requires a 4/5th roll call vote.) Staff Presenter: Erin Maker, Environmental Program Manager a. Staff Report
b. Public Comment
c. City Council Determination

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:

17. Annual Progress Report on General Plan Implementation.

Recommendation: Accept the 2024 General Plan Annual Progress Report and direct the Community Development Director to submit the Report to the Governor’s City Council Regular Meeting Agenda
March 24, 2025

Office of Land Use and Climate Innovation (LCI) and the Department of Housing and Community Development.

Staff Presenter: Megan Musolf, Assistant Planner
a. Staff Report
b. Public Comment
c. City Council Determination

18. Adoption of City Council Goals and Priorities for Fiscal Years 2025-26 and 2026- 27; and Strategic Plan Final Report, including City Mission, Vision, and Value Statements (Working Drafts); and City Council-developed Norms, Values, and Principles of Governance (Final Draft).

Recommendation: Receive presentation; adopt City Council Goals and Priorities for Fiscal Years 2025-26 and 2026-27 and consider adoption of City Councildeveloped Norms, Values, and Principles of Governance; and direct staff as appropriate.

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

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

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

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

Nomura)
City Council Regular Meeting Agenda
March 24, 2025

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
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)
City Council Regular Meeting Agenda
March 24, 2025

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS

ADJOURNMENT
The next regular City Council meeting will be held April 14, 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 19, 2025, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.

A PROCLAMATION OF THE CITY COUNCIL OF

THE CITY OF CARPINTERIA DES'G'VATING
APRIL 2025 AS ''DMUIDONATE LIFE MONTH" IN

THE CITY OF CARPINTERIA
WHEREAS, organ, eye, tissue, marrow and blood donation are tife-giving acfs recognEed worldwide as expressions of compassion to those in need; and WHEREAS, more than 103,000 individuals nationwide and more than 23,000 in Catifornia are currently on the national organ transplant waiting list, and on average, 17 peopte die each day while waiting; and WHEREAS, the need for donated organsis especially urgent in Hispanic, Latino, and African Ameican communities; and
WHEREAS, a single individual's donation of the heaft, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; and
WHEREAS, donation of fissue can save and heal the lives of more than 75 others; and WHEREAS, organ donors saved more than 46,000 lives last year; and WHEREAS, any person can register to be an organ, eye and fissue donor regardless of age or medical conditions; and
WHEREAS, being a registered donor does not impact the quality of life-saving medicat care a person receives in an emergency; and
WHEREAS, California restdenfs can sign up with the Donate Life California Donor Registry online at any time by visiting www.donateLlFEcalifornia.orq or, for Spanish-speakers, www. don eV I D Acalifo rn i a. orq: and
WHEREAS, California residents can sign up to be an organ, eye and fissue donor when applying for or renewing their driver's /rcenses or lD cards at the California Department of Motor Vehicles; and
WHEREAS, California residenfs interested in saving a life through living kidney donation m ay vi sit www. Liv i n q D o n ati o n C al ifo rn i a. o rq : a n d NOW, THEREFORE, BE lT RESOLVED that in recognition of National Donate Life Month, the month of April 2025 is hereby proclaimed "DMV/Donate Life Month" in the City of Carpinteria, and in doing so we encourage all Californians to check 'YES!" online, or when applying for or renewing their driver's /icense or l.D. card at the DMV. lN WdTNESS WHEREOF, the Mayor hereunto set their hand and caused the official seal of the City of Carpinteria, California to be affixed this 24th day of March, 2025.

Natalia Alarcon, Mayor
ATTEST:

Brian C. Barreft, CMC, CPMC
City Clerk
of Carpinteria
Agenda Section: PresentationsAgenda Item No.: 1Council Meeting Date: March 24, 2025 |i
Fr -o
-t:: '. _.-.

A PROCLAMATION OF THE CIW COUNCIL OF

THE CITY OF CARPINTERIA DESIGNATING
APRIL 2025 AS ''CARPINTERIA BUS'A'ESS
MONTH'
WHEREAS, the City of Carpinteria supports the success of its local busrness commun$ and acknowledges their role in generating local tax revenue to suppott municipalservrces that enhance the qualty of life for Carpinteria residents; and WHEREAS, localbustnesses are a vital pillar of the community, providing essential products and seruices, and contributing to non-profits and volunteer projects through the dedicated efforts of business /eaders and employees; and WHEREAS, local bustnesses create significant private sector employment oppoftunities, ensuring the strength and competitiveness of the localworkforce; and WHEREAS, the City of Carpinteria values business community feedback in developing ordinances and policies, ensures busrness inclusion in City outreach, and provides aid to local businesses as needed; and
WHEREAS, srnce 1912, a Chamber of Commerce has represented localbusiness interests, helping to building a strong local economy and a positive quality of life; and WHEREAS, fhe Santa Barbara South Coasf Chamber of Commerce collaborates with the City of Carpinteria to bridge local business needs with City goals, implementing positive economic, busrness-friendly, and community-oriented public policies.

NOW, THEREFORE, BE ,f RESOLVED, that the City of Carpinteria hereby designates April as "Carpinteria Busrness Month" and encourages all residents to celebrate and support our local busrnesses.
lN WITNESS THEREOF, the Mayor hereunto set their hand and caused the official seal of the City of Carpinteia, Califomia, to be affixed this 24th day of March, 2025.

Natalia Alarcon, Mayor
ATTEST:

Brian C. Banett, CMC, CPMC
City Clerk \
-a
Agenda Section: PresentationsAgenda Item No.: 2Council Meeting Date: March 24, 2025

MEMORANDUM
Council Meeting Date: March 24, 2025
To: Honorable Mayor and City Council
From: Michael Ramirez, City Manager
Subject: City Manager’s Report

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/. • Aquatics Part-Time Summer Positions
o Apply Immediately – Open Until Filled
▪ Beach Lifeguard
▪ Pool Lifeguard
▪ Swim/Water Polo Coach
• City Librarian – Full-Time
o Deadline to Apply: April 9, 2025
• Finance Manager – Full-Time
o Pending Interviews
• Principal Planner – Full-Time
o Pending Department Interview
New Employees
None
Workplace Safety Plan
Injury and Illness Prevention Program (IIPP) Update
The City of Carpinteria’s Injury and Illness Prevention Program (IIPP) was first introduced and adopted by the City Council in 1991, in compliance with Senate Bill 198 and Cal-OSHA regulations. The IIPP is a critical workplace safety plan designed to identify, evaluate, and prevent potential hazards, ensuring a safe and healthy environment for all City employees.

Agenda Section: City Manager's Report
Agenda Item No.: N/A
Council Meeting Date: March 24, 2025
We have recently completed an update to the IIPP to reflect current Cal-OSHA guidelines, which emphasize workplace inspections, hazard identification, and employee training. The updated IIPP will be presented to all staff at an upcoming meeting, reinforcing the City’s ongoing commitment to workplace safety. The Injury and Illness Prevention Program can be found at: https://carpinteriaca.gov/wp-content/uploads/2025/03/IIPP-2025.pdf

UPDATES ON CAPITAL IMPROVEMENT PROJECTS
Via Real Stormwater Project
The Via Real Stormwater Project is nearing completion, with final construction expected by March 2025. It includes flood mitigation measures such as a new sidewalk, bioretention basin, upgraded storm drainage, and bioswales along Via Real and Poplar Street to reduce flooding and erosion. A detailed report will be presented at a future council meeting for approval of project closeout.

Chaney Avenue Repair
The Chaney Avenue Emergency Repair is approximately 90% complete. The underground subdrain system was finished on February 24, followed by the asphalt-concrete overlay on February 25. Remaining work includes a fog seal asphalt emulsion and pavement traffic striping. Project completion is on pace for March 28th. Given this is an emergency repair, a project closeout will not be provided, although a general update on completion will be given at a future council meeting.

UPDATES ON DEVELOPMENT APPLICATIONS
6380 Via Real Multifamily Residential Project Conceptual Review The Community Development Department recently received a conceptual review application and SB330 pre-application submittal for a proposed multifamily residential development to be located at 6380 Via Real (the former “Lagunitas” office park site). The proposal, submitted by City Ventures Homebuilding, LLC, contemplates a 93-unit townhome (condominium) development containing a mix of two- and three-story units in three- and four-bedroom configurations. The proposal seeks to utilize state Density Bonus Law to receive relief from certain local zoning requirements in exchange for setting aside 12 income-restricted units (10 units at “moderate-income” levels and 2 units at “abovemoderate” income levels). City staff is currently preparing a staff report in anticipation of a joint City Council, Planning Commission, and Architectural Review Board conceptual review meeting scheduled for March 31, 2025 at 5:30 p.m. in the Council Chambers. The conceptual plans and pre-application materials are on file with the Community Development Department and are available for public review upon request. The agenda and staff report for the conceptual review meeting will be posted to the City’s website at:
https://carpinteriaca.gov/city-hall/agendas-meetings/

OTHER CITY/COMMUNITY UPDATES
Housing Element Zoning Amendments Package
This past Friday, March 14th, 2025, the California Coastal Commission (CCC) approved the Local Coastal Program Amendment (LCPA) for the City’s Housing Element Zoning Amendments package. The CCC approved the LCPA with only minor changes which will be brought back to the City Council for their acceptance and final certification at an upcoming meeting. Coastal Commission approval was the last remaining major hurdle to final adoption and effectuation of the Housing Element Zoning Amendments Ordinances which are intended to help address the City’s Regional Housing Needs Allocation (RHNA) shortfall and promote infill residential development.

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 Carpinteria’s One Community, One Book Program – Carp Reads Carpinteria’s One Community, One Book program, called “Carp Reads”, will launch on Tuesday, April 1st. With generous support from the Friends of the Carpinteria Library, complimentary copies of the selected book, Solito, by Javier Zamora, are available in both English and Spanish at the Library.

The program aims to foster community-wide conversation, encouraging hundreds of residents to engage with the book. Solito is a non-fiction memoir, narrated from the perspective of a nine-year-old Zamora, recounting his journey from El Salvador to the United States. The book is a New York Times bestseller, and Mr. Zamora—a distinguished fellow at Harvard and Stanford—holds a Master of Fine Arts (MFA) degree from New York University (NYU).

A special author event will take place on May 1st, 6:00 p.m. at the Veterans Memorial Building, featuring Mr. Zamora as the keynote speaker. Additionally, the Library will host book discussions in both English and Spanish, along with other related programming. More details on upcoming events and activities will be shared in the coming weeks.

Abuelos con Cariño Partnership
AgeWell has launched a new collaboration with Carpinteria Children’s Project (CCP) by hosting the Abuelos con Cariño (Caring Grandparents Club). This free resource supports Spanish-speaking grandparents who play an active role in raising their grandchildren, offering tools and guidance to foster child development and strengthen relationships.

AgeWell now hosts the group on the first Friday of each month. As part of the program, participants will be introduced to local resources, beginning with a guided tour of the Carpinteria Community Library in April. Teresa Alvarez, Executive Director of CCP, emphasized the value of this partnership, stating, “We are excited to collaborate with the City to enhance connections with the Latino community. This partnership demonstrates how shared resources can create meaningful community benefits.” AgeWell Saturday Excursion – Inside Look at Coastal View News On April 5 at 11:00 AM, the AgeWell Saturday Excursion program will offer participants an exclusive tour of the Coastal View News office. Attendees will gain insight into the newspaper production process, learn about the work of journalists, and have the opportunity to contribute to an upcoming article about AgeWell for publication in the Coastal View News. This event provides an engaging look into local journalism and the effort behind producing each issue.

A Matter of Balance – Fall Prevention Program
In collaboration with Cottage Health, AgeWell is offering A Matter of Balance, an evidencebased program designed to reduce fear of falling and improve confidence through practical strategies and exercises. The eight-week course includes low-impact exercises aimed at enhancing stability and strengthening key muscles for fall prevention. Sessions will take place every Tuesday from 3:00 PM to 5:00 PM at the Veterans Memorial Building, beginning April 7. Community members interested in participating can register by calling 805-569-7451.

Advanced Care Directive Workshop – Presented by Hospice AgeWell, in partnership with Hospice, will offer a two-part workshop on Advance Care Directives to help individuals document their medical preferences and designate a healthcare representative.
• Part 1: April 10, 1:00 PM – 2:30 PM – Introduction to Advance Care Planning, review of the MyCare document, and guidance on selecting a healthcare representative. • Part 2: April 17, 1:00 PM – 2:30 PM – Assistance with completing the document, with a Notary Public available for legal certification.

Fraud Prevention Lecture – Presented by the Sheriff's Department On April 3 at 1:00 PM, AgeWell will host a Fraud Prevention lecture at the Veterans Memorial Building, presented by the local Sheriff’s Department. This session will provide valuable information on recognizing and avoiding common scams and fraud schemes, equipping attendees with practical strategies for personal and financial protection.

City of Carpinteria
City Council Minutes
Special Meeting
Tuesday, March 4, 2025
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 In-Person

CALL TO ORDER
Mayor Alarcon called the meeting to order at 5:31 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
Ryan Kintz, Assistant City Manager
Jeanette Gant, Parks, Recreation & Community
Services Director
John L. Ilasin, Public Works Director
Juliza Briones, Program Manager
David Hernandez, Code Compliance Supervisor
Lieutenant Rich Brittingham, Santa Barbara County
Sheriff’s Department
Brian C. Barrett, City Clerk
Others present: Heather Deutsch, Executive Director of MOVE Santa Barbara County
Martina Sexton, Education & Encouragement
Coordinator, MOVE Santa Barbara County
Diana Rigby, Superintendent of Carpinteria Unified
School District
Jamie Persoon, Middle School Principal, Carpinteria
Unified School District
Dave Wilson, Superintendent with California State
Parks
Dena Bellman, District Superintendent with California
State Parks
Gunnar Langenhuizen, Representative of
Agenda Section: Consent Calendar
Agenda Item No.: 3
Council Meeting Date: March 24, 2025
City Council Special Meeting Minutes
March 4, 2025

Assemblymember Gregg Hart
Ted Rhodes, Carpinteria Open Space Management
Advisory Board Member
E-bike Safety and Explore Potential Strategies
Representatives from State, County, and Local Agencies met to (1) identify key challenges in addressing E-bike safety, (2) review current efforts to promote safety and compliance, (3) explore opportunities for collaboration with stakeholders and external partners, and (4) identify additional areas of concern or potential action items. No formal action was required.

Mayor Alarcon introduced MOVE Santa Barbara County Executive Director Deutsch who facilitated the discussion.

Concerns presented included the following:
• Bicyclists not wearing helmets
• Multiple people on one bike
• Wheelies
• E-bikes dangerous for youth
• Surron bikes (electric motorcycles)
• People riding in the wrong direction / middle of the road / on the sidewalk • Unsafe equipment (batteries)
• Infrastructure related to safety or lack of visibility • E-bikes in inappropriate places (e.g., the Salt Marsh) • Failure of right-of-way / not stopping at stop signs
• Darting in traffic
• Reckless driving
• Speeding
The group went over e-bike classifications and discussed possible actions to the above concerns which included the following:
• Adding signage and reasoning in multiple languages at the Salt Marsh of why ebikes aren’t allowed in the Salt Marsh and other sensitive habitats • Get biking professionals to wear helmets
• Using videos of bike accidents as a deterrent to discourage risky bike behavior • Making helmets desirable (perhaps schools can provide a helmet personalization program)
• Education of bike safety and rules of the road (rules for bikes and cars don’t necessarily connect to e-bikes)
• Junior Lifeguards being role models for the community • Safety campaign with prizes (e.g., use of punch cards) rewarding good biking behavior followed by enforcement
City Council Special Meeting Minutes
March 4, 2025

• E-Bike Safety Month – Collaboration between City, School District, and community stakeholders focused on safety through education, events, enforcement, and social media (both in English and Spanish)
• Combination of education, enforcement, and engineering • Education not just for bikers, but for car drivers as well • E-bike safety presentation within the schools
There was no public comment.

There was consensus of the group to create a subgroup containing one representative from each agency present as well as a representative from the Coastal View News to take the above ideas and formulate a plan of action and bring back to the entire group and ultimately to the City Council for review and direction.

ADJOURNMENT
Mayor Alarcon adjourned the meeting at 6:50 pm.
__________________________
Natalia Alarcon, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, March 10, 2025
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 In-Person and Virtual

CALL TO ORDER
Mayor Alarcon called the meeting to order at 5:31 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
Paige Samblanet, 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
Lieutenant Rich Brittingham, Santa Barbara County
Sheriff’s Department
John L. Ilasin, Public Works Director
Marysol Smith, Associate Planner
Nick Bobroff, Community Development Director
Syndi Souter, Senior Planner
Megan Musolf, Assistant Planner
Licette Maldonado, Administrative Services Director

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

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

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

City Council Regular Meeting Minutes
March 10, 2025

AGENDA MODIFICATIONS: NONE
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.)
There was no public comment.

Motion by Vice Mayor Solórzano, seconded by Councilmember Nomura, to approve the Proclamation Designating the Month of April 2025 as “Carpinteria Beautiful Month” in the City of Carpinteria. Upon voice vote, the motion carried unanimously.

Carpinteria Beautiful Members Clyde Freeman, Donna Jordan, and Bryan Mootz provided remarks and Mayor Alarcon and the Council presented the proclamation to members of Carpinteria Beautiful.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
Mayor Alarcon temporarily adjourned the meeting at 5:38 pm.

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Alarcon reconvened the meeting at 5:58 pm.

PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
Lieutenant Brittingham with the Santa Barbara County Sheriff’s Department provided a law enforcement report for the month of February.

There was no public comment.

CITY MANAGER’S REPORT
a. City Employee Updates
City Manager Ramirez reported on City recruitments including the City Librarian position which was not included on the City Manager’s Report. b. Updates on Capital Improvement Projects
City Council Regular Meeting Minutes
March 10, 2025

City Manager Ramirez related that the City received state-aid grant funds in the amount of $342,000 for the construction phase of the Carpinteria High School Area Crosswalk Safety Improvements Project.
c. Updates on Development Applications
None.
d. Other City/Community Updates
City Manager Ramirez reported on AgeWell’s 50s Sock Hop Dance and mentioned that at tomorrow’s Santa Barbara County Board of Supervisors meeting the Boad of Supervisors would consider setting a special meeting (a community forum regarding cannabis odor abatement) in the Council Chambers this Friday, March 14th from 12 pm to 1:30 pm. He said the Board of Supervisors meeting was not listed in the City Manager’s Report.

Legal Counsel Acos introduced Justin Bogda, a new addition to the City’s legal team.

In response to Mayor Alarcon, City Manager Ramirez summarized the special Council meeting about e-bike safety held on March 4th.

Public Works Director Ilasin responded to Vice Mayor Solórzano’s question regarding the next steps for the Carpinteria High School Area Crosswalk Safety Improvements Project.

Speakers via Zoom: Lorraine McIntire
PLANNING COMMISSION ACTIONS: NONE

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Mike Damron and Rich Medel both representing Carpinteria Cultural Foundation, Debbie Nomura representing The Alcazar Theater, Bob Franco, Crystal Echeverria and Sydney Vargas both representing Future Leaders of America, and Rogelio Delgado
Emails distributed: Susan Mailheau and Randall Moon, and Anonymous In response to public comment, Councilmember Nomura requested the Council consider Mike Damron’s and Rich Medel’s mural project as a future agenda item. The Council discussed and recommended that a policy regarding art in public spaces be developed first.

Legal Counsel Acos noted that staff could resurrect the art in public spaces policy and bring back to Council at a future Council meeting or workplan. Councilmember Nomura recommended that the art in public spaces policy also include art on private property that is visible in public spaces. City Manager Ramirez summarized that staff would discuss and City Council Regular Meeting Minutes
March 10, 2025

bring back the art in public spaces policy as a goal with objectives for the Council Strategic Plan for the next two years. The Council was in agreement.

CONSENT CALENDAR:

There was no public comment.

Motion by Councilmember Mayer, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 2 through 6. The roll call vote on the motion was as follows:

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

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” program and the United Boys & Girls Club’s Carpinteria Unit. (Requires a roll call vote.) City Council Regular Meeting Minutes
March 10, 2025

Councilmember Nomura disclosed that he is the president of the Carpinteria Boys and Girls Club Foundation, as the landholder and owner of the property and site itself, but he is not involved with any of the programming. He stated that he spoke with legal counsel and confirmed that he did not have a conflict of interest on this item.

Community Development Director Bobroff introduced Associate Planner Smith who presented the staff report and PowerPoint presentation.

There was no public comment.

Motion by Vice Mayor Solórzano, seconded by Councilmember Nomura, to allocate the 2025-2026 CDBG Public Services Grant funding equally between the Peoples’ Self-Help Housing’s “Camino Scholars and College Club” program and the United Boys & Girls Club’s Carpinteria Unit, as recommended by the CDBG Committee, and with the option to renew for the 2026-2027 grant period. The roll call vote on the motion was as follows:

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

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.

Community Development Director Bobroff introduced Senior Planner Souter and Assistant Planner Musolf who provided the staff report and PowerPoint presentation.

Speakers in-person: Patrick O’Connor, Rogelio Delgado, and Jim Taylor Motion by Councilmember Mayer, seconded by Councilmember Nomura, to accept the 2024 Housing Element Annual Progress Report and direct the Community Development Director to submit the report to HCD. Upon voice vote, the motion carried unanimously.

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.

City Council Regular Meeting Minutes
March 10, 2025

City Clerk Barrett presented the staff report and PowerPoint presentation.

The Council discussed having a visual reminder (e.g., a post, fence, stanchion, a sergeantat-arms present, or line on the floor) to indicate to the public not to come up to the dais during the Council meeting or during recesses of the Council meeting. Mayor Alarcon recommended the City Clerk make an announcement at the beginning of the meeting and the presiding officer could announce as a reminder before recessing to a break or placing additional signage to that effect in the Council Chambers.

Councilmember Clark inquired about a Council policy addressing Councilmembers returning phone calls or email. Legal Counsel Acos expressed concern that requiring Councilmembers to respond to every outreach by constituents, particularly in certain situations, as such contacts could result in ex parte communication and would need to be stated on the record prior to the hearing and lead to bias, allegations, etc. She stated her hesitancy to draft a policy requiring to put Councilmembers in those types of situations. City Manager Ramirez suggested one potential solution would be to create an automated response on Council’s City email and could include a note that not all emails will be responded to, but comments are appreciated. The Council was in agreement.

Speakers in-person: Rogelio Delgado
Councilmember Nomura noted that Robert’s Rules of Order was supposed to have been removed from the Municipal Code when Resolution No. 5391 was adopted in 2012. Legal Counsel Acos responded that since the change was made by resolution; in order to amend the Municipal Code, a new ordinance would need to be adopted which staff would do in the near future once the Code of Conduct was approved.

Motion by Vice Mayor Solórzano, seconded by Councilmember Nomura, to adopt Resolution No. 6370, as read by title only. Upon voice vote, the motion carried unanimously.

Mayor Alarcon recessed to a break at 7:59 pm and reconvened the meeting at 8:07 pm.

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.

Legal Counsel Acos provided the staff report.

Speakers in-person: Jim Taylor representing Carpinteria Valley Association, Susan Allen, and Gail Marshall
Speakers via Zoom: Molly Troup
Emails distributed: John Brooks, Jim Taylor, and Susan Mailheau City Council Regular Meeting Minutes
March 10, 2025

Motion by Councilmember Mayer, seconded by Councilmember Nomura, 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. 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
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.) City Manager Ramirez and Administrative Services Director Maldonado presented the staff report and PowerPoint presentation.

Speakers in-person: Patrick O’Connor
Motion by Vice Mayor Solórzano, seconded by Councilmember Nomura, to accept the MidYear Budget Report and approve amendments to the adopted budget as provided for in Attachment B. The roll call vote on the motion was as follows:

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

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.

Legal Counsel Acos introduced Paige Samblanet from the legal team who provided the staff report.

City Council Regular Meeting Minutes
March 10, 2025

Speakers in-person: Rogelio Delgado and Fred Shaw
Motion by Vice Mayor Solórzano, seconded by Councilmember Nomura, to adopt Resolution No. 6372, as read by title only, reaffirming the City’s commitment to compliance with the California Values Act (SB 54) requirements. Upon voice vote, the motion carried unanimously.

LEGISLATIVE UPDATE: NONE

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Vice Mayor Solórzano reported on the following:
• Santa Barbara Metropolitan Transit District Board met last week and discussed draft budget and fare structure adjustments and equity analysis. • League of CA Cities Channel Counties Division Dinner in Goleta on March 14th. • Requested a meeting of the Public Engagement Committee in light of the recent Council meeting on e-bikes.

Assistant City Manager Kintz replied that staff would be setting up a Public Engagement Committee meeting soon.

Councilmember Nomura commented about adding a reference to Spanish translation during the meeting to the Council agenda. Staff responded to Councilmember Nomura’s comment.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the March 24th regular meeting.

ADJOURNMENT
Mayor Alarcon adjourned the meeting at 9:11 pm.
__________________________
Natalia Alarcon, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning March 03, 2025 and ending March 14, 2025.

STAFF RECOMMENDATION
Receive and file the Warrant Register for the period of March 03, 2025, through March 14, 2025, pursuant to Carpinteria Municipal Code 2.08.150(F).

DISCUSSION
As part of each regular City Council agenda, a list of all disbursed checks (Attachment A) 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 communicates fiscal activity since the prior reporting period and ensures expenditures align with the approved budget.

ATTACHMENTS
Attachment A: Warrant Register for the period beginning March 03, 2025, and ending March 14, 2025.

Agenda Section: Consent Calendar
Agenda Item No.: 4
Council Meeting Date: March 24, 2025
Warrant Register
March 24, 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
TODD MATHERS 03/12/2025 (91.55) 104827
KATHERINE SALANT 03/12/2025 (120.00) 104912
MISSIONSQUARE 03/06/2025 11,837.73 105291
INV0007088 Invoice MISSIONSQUARE Employee Contributions INV0007089 Invoice Deferred Compensation Contribution-Part Time Emp INV0007090 Invoice MissionSquareEmployee Contributions
INV0007091 Invoice MISSIONSQUARE Employee Contributions SEIU LOCAL 620 03/06/2025 235.32 105292
INV0007092 Invoice Employee Union Dues Contribution
MICHAEL RAMIREZ 03/06/2025 764.40 105293
INV0007036 Invoice REIMBURSE TRAVEL-JAN25 LEAGUE ACADEMY INV0007037 Invoice REIMBURSE TRAVEL-FEB25 LEAGUE MANAGERS CONFERENCE LICETTE MALDONADO 03/06/2025 205.56 105294
INV0007038 Invoice REIMBURSE TRAVEL-FEB25 CSMFO CONFERENCE ACCESS CONTROL SECURITY INC. 03/06/2025 293.13 105295
0064016 Invoice SECURITY: 12/14/24 M. DIAZ
ALEC & AMBER HARDY 03/06/2025 118.09 105296
INV0007084 Invoice PROJECT PL-24-2277 CLOSE OUT
AMAZON CAPITAL SERVICES INC 03/06/2025 3,888.89 105297
11YL-JXRW-47DF Invoice BOOKS FOR LIBRARY
143V-PM4L-MYK6 Invoice BOOKS FOR LIBRARY
147V-CQJN-PLJ7 Invoice TALL OFFICE CHAIR FOR COMMUNITY POOL 14LT-VQTD-3JRM Invoice BOOKS FOR LIBRARY
14R1-G9JW-3XNF Invoice ZIP BOOKS-C. DAHLQUIST
16F1-M7KJ-GP4R Invoice BOOKS FOR LIBRARY
16TT-D67Q-DYJC Invoice BOOKS FOR LIBRARY
173T-6V9P-6HNV Invoice KEY TAG FOBS FOR CITY HALL
17K4-713P-39WL Invoice COPY PAPER FOR LIBRARY
19LT-GFYM-3GHY Invoice BOOKS FOR LIBRARY
1C16-VXQC-HLNN Invoice ZIP BOOKS-V. HATFIELD
1C3H-H6F1-QNTX Invoice BOOKS FOR LIBRARY
1CCH-NTP1-41XF Invoice TONIES CHARACTERS FOR LIBRARY
1CCH-NTP1-MG1T Invoice ZIP BOOKS-J. OWNBEY
1CJC-NVDC-QKGX Invoice ZIP BOOKS-L. GURAVITZ
1D7N-113G-LQ69 Invoice BOOKS FOR LIBRARY
1D7N-113G-X943 Credit Memo BOOKS FOR LIBRARY
1DC1-76M4-RDT1 Invoice BOOKS FOR LIBRARY
1DDM-6HDR-VWY1 Invoice BOOKS FOR LIBRARY
1DLT-PP3J-77GY Invoice AGE WELL ART SUPPLIES
1DP9-KRPN-6RGM Invoice BOOKS FOR LIBRARY
1DP9-KRPN-GTLP Invoice BOOKS FOR LIBRARY
1DQC-VJHT-MK1K Invoice BOOKS FOR LIBRARY
1FM7-GXJK-HGTG Invoice COMPUTER PRIVACY SCREEN FOR MEGAN A. 1FPL-PW9T-NPN3 Invoice ZIP BOOKS-D. JAYNES
1FPN-QFRM-HN39 Invoice ZIP BOOKS-K. PATTON
1GQD-HYMP-9HLC Invoice AGE WELL SOCK HOP SUPPLIES
1GXH-XGN7-TJJN Invoice ZIP BOOKS-R. GULL
1GYK-YFPC-W3DV Invoice ZIP BOOKS-J. MA
1J96-749R-D6HW Invoice IPAD CASE
1JLF-VJC7-443X Invoice BOOKS FOR LIBRARY
1JLF-VJC7-VQQG Invoice BOOKS FOR LIBRARY
1JT1-GH7K-4JWK Invoice 4 WIRELESS KEY BOARDS
Warrant Register
Carpinteria, CA
Date Range: 03/03/2025 - 03/14/2025

1JWX-Q1QJ-YDTM Credit Memo BOOKS FOR LIBRARY
1K7R-11DM-L4RK Invoice NINTENDO CARRYING BAG FOR LIBRARY 1KY6-LGHL-HKVK Invoice OFFICE CHAIR FOR MEGAN A.
1LFV-NDVV-G3NR Invoice TONIES CHARACTER FOR LIBRARY
1LGD-KW3Q-1KFL Invoice ZIP BOOKS-K. PATTON
1LVT-4WDT-6XFQ Invoice BOOKS FOR LIBRARY
1P1J-QN1J-TT7M Invoice BOOKS FOR LIBRARY
1P61-P46D-W9WD Invoice BOOKS FOR LIBRARY
1PPN-KCMX-WH3N Credit Memo BOOKS FOR LIBRARY
1QJ1-DVHJ-T93R Invoice BOOKS FOR LIBRARY
1QQR-GC1L-DQ7X Credit Memo BOOKS FOR LIBRARY
1RF6-J1XF-QDKL Invoice BOOKS FOR LIBRARY
1V6Y-CVYK-94JR Invoice RUBBER STAMPS FOR HUMAN RESOURCES 1VVL-47QY-7GDW Invoice BOOKS FOR LIBRARY
1VXT-9MPY-4T36 Invoice ZIP BOOKS-B. OSHEA
1WGM-9KXY-4VVF Invoice HANGER BOLTS FOR LIBRARY
1XQL-PM1H-PWXM Invoice ZIP BOOKS-P. SALINGER
1XQM-3P3G-FRP3 Invoice 11X17 COPY PAPER, IPHONE SCREEN PROTECTORS 1XXM-V1JX-FJFD Invoice BOOKS FOR LIBRARY
1Y6G-3FQ7-WKMW Invoice BOOKS FOR LIBRARY
1YHT-X3F3-T4GF Credit Memo BOOKS FOR LIBRARY
1YRL-WJXP-YVJJ Invoice BOOKS FOR LIBRARY
**Void** 03/06/2025 - 105298
**Void** 03/06/2025 - 105299
**Void** 03/06/2025 - 105300
BAKER & TAYLOR LLC 03/06/2025 9,181.46 105301
JAN25 L4672004 Invoice BOOKS FOR LIBRARY
JAN25 L4672104 Invoice BOOKS FOR LIBRARY
BASIC 03/06/2025 157.48 105302
IN3366105 Invoice FEB25 MONTHLY FSA ADMIN FEE
BIG GREEN CLEANING COMPANY 03/06/2025 20.06 105303
666453 Invoice BATTERY FOR BOATHOUSE TOILET
BUREAU VERITAS NORTH AMERICA INC 03/06/2025 15,373.86 105304 RI 25006038 Invoice JAN25 ON-SITE INSPECTIONS
RI 25006039 Invoice JAN25 MONTHLY PERMIT TECH SERVICES
RI 25006040 Invoice JAN25 MONTHLY INSPECTOR SERVICES
RI 25006041 Invoice JAN25 PLAN CHECK SERVICES
CA DEPT OF JUSTICE 03/06/2025 105305 192.00
794342 Invoice JAN25 FINGERPRINT APPLICATIONS
CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS 03/06/2025 105306 60.00 300017584 Invoice MEMBERSHIP N. ALVARA
CANON FINANCIAL SERVICES INC 03/06/2025 105307 1,249.52 38384935 Invoice FEB25 MAINT & SERVICE CANON PRINTERS
CARPINTERIA VALLEY LUMBER CO 03/06/2025 105308 100.96
557624 Invoice LOT THREE RESTROOM REPAIRS
557723 Invoice GOO GONE FOR VETS HALL
557785 Invoice WORK GLOVES, 12X16 TARP FOR PUBLIC WORKS 558017 Invoice MATERIALS FOR WALL REPAIR CITY HALL & POOL CLEAN HARBORS ENVIRONMENTAL SERVICES 03/06/2025 105309 4,356.97 1005349897 Invoice BATTERY PACKING & UW SHIPMENT 1/28/25 COASTAL OCCUPATIONAL MEDICAL GROUP 03/06/2025 105310 190.00 5013472 Invoice DEC24 PRE-HEALTH SCREENING
COUNTY SANITATION COMPANY INC STEWARTS & SELZER PLUMBING 03/06/2025 105311 668.60 65793 Invoice RESET TOILET AT COMMUNITY POOL 1/20/25
65796 Invoice RESET TOILET AT COMMUNITY POOL 1/21/25
COX BUSINESS 03/06/2025 105312 350.76
MAR25 001 3011 028030701 Invoice MAR25 POOL & GARDEN INTERNET-PHONE SERVICE DARRYL LEE ENSTAD 03/06/2025 105313 19,750.00

20022 Invoice POOL LIGHTS REPLACEMENT
DEMCO INC 03/06/2025 288.43 105314
7603084 Invoice SUPPLIES FOR BOOK PROCESSING AT LIBRARY DEWBERRY ENGINEERS INC. 03/06/2025 9,481.57 105315
22437330 Invoice JAN25 CARPINTERIA AVE BRIDGE REPLACEMENT EVERSHADE EXTERIOR CLEANING SOLUTIONS 03/06/2025 475.00 105316 10941 Invoice AUG24 CLEANING OF TRASH CANS AT CARP & LINDEN AVE FILIPPIN ENGINEERING INC. 03/06/2025 105317 6,415.00
250301-01 Invoice JAN25 CHANEY AVE EMERGENCY REPAIR
GRAINGER 03/06/2025 56.10 105318
9402416524 Invoice THERMOSTAT GUARD FOR COMMUNITY POOL
9406973140 Invoice THERMOSTAT GUARD FOR COMMUNITY POOL
GUADALUPE LUNA 03/06/2025 100.00 105319
INV0007081 Invoice PARK DEPOSIT REFUND
HDL SOFTWARE LLC 03/06/2025 8,000.72 105320
SIN045659 Invoice NOV24 NEW ACCOUNTS, RETURNS PROCESSED SIN046503 Invoice NOV-DEC24 NEW ACCOUNTS, RETURNS PROCESSED SIN047434 Invoice JAN25 NEW ACCOUNTS, RETURNS PROCESSED IMPULSE ADVANCE COMMUNICATIONS 03/06/2025 1,478.59 105321 129694 Invoice MAR25 PHONE SERVICES
IWORQ SYSTEMS 03/06/2025 10,550.00 105322
211233 Invoice SOFTWARE MANAGEMENT AND SUPPORT 03/2025-02/2026 JASON & LYNETTE FERNANDES 03/06/2025 8.97 105323
INV0007083 Invoice PROJECT PL-21-2079 CLOSE OUT
JOSUE SANABRIA 03/06/2025 (300.00) 105324
JOSUE SANABRIA 03/06/2025 300.00 105324
INV0007082 Invoice VETS HALL DEPOSIT REFUND
JOY EQUIPMENT PROTECTION INC 03/06/2025 105325 632.71
6168 Invoice FIRE SPRINKLER INSPECTION CITY HALL
LEAGUE OF CA CITIES 03/06/2025 105326 6,944.00
INV-26771-Z2C6B2 Invoice MEMBERSHIP DUES 2025
LIEBERT CASSIDY WHITMORE 03/06/2025 105327 405.00
286170 Invoice PROFESSIONAL LEGAL SERVICESW THROUGH 1/31/25 LYNN VOLZ 03/06/2025 105328 300.00
INV0007080 Invoice VETS HALL REFUND
MARY ROSE AND ASSOCIATES 03/06/2025 105329 3,000.00
2024-0805 Invoice REVIEW EXISTING POLLING DATA
MEDALLION PROTECTIVE SERVICES INC 03/06/2025 105330 585.00 1648 Invoice SECURITY SERVICES FOR NEW YEARS 2025
MINER'S ACE HARDWARE INC 03/06/2025 105331 754.71
21714 Invoice FASTNERS FOR OCEAN PLATFORM, SHOP TOOLS
MISSION UNIFORM SERVICE 03/06/2025 105332 365.48
523314265 Invoice TOWEL & MAT REPLACEMENT CITY HALL 2/17/25 523362551 Invoice TOWEL & MAT REPLACEMENT VETS HALL 2/24/25 523362552 Invoice TOWEL & MAT REPLACEMENT LIBRARY 2/24/25 523362554 Invoice TOWEL & MAT REPLACEMENT POOL 2/24/25
523362555 Invoice MAT REPLACEMENT, UNIFORM CLEANING 2/24/25 523362556 Invoice TOWEL & MAT REPLACEMENT CITY HALL 2/24/25 MOST DEPENDABLE FOUNTAINS INC 03/06/2025 105333 12,896.42 INV82163 Invoice TWO WATER FOUNTAINS FOR VIOLA FIELDS
NEXTECH SYSTEMS INC 03/06/2025 105334 6,855.38
INV3177 Invoice CROSSWALK MAINTENANCE CARP AVE & CASITAS PASS

NOAH ALVARA 03/06/2025 133.98 105335
INV0007111 Invoice FEB25 REPLENISH PETTY CASH
OVERDRIVE INC. 03/06/2025 479.48 105336
01352CO25048824 Invoice FEB25 EBOOKS/AUDIOBOOKS FOR LIBRARY 01352DA25046331 Invoice FEB25 EBOOKS/AUDIOBOOKS FOR LIBRARY 01352DA25052653 Invoice FEB25 EBOOKS/AUDIOBOOKS FOR LIBRARY PACIFIC METAL BUILDINGS INC 03/06/2025 250.00 105337
0221 Invoice CITY HALL CARPORT PLANS REVIEW
POLICORE INC. 03/06/2025 7,820.57 105338
403523 Invoice IT SERVICES-CITY HALL JAN25
403528 Invoice IT SERVICES-LIBRARY JAN25
ROADLINE PRODUCTS INC USA 03/06/2025 3,993.22 105339
21027 Invoice 2-FLASHING STOP SIGN SYSTEMS LINDEN & FOOTHILL ROCKWELL PRINTING 03/06/2025 105.38 105340
46152 Invoice BUSINESS CARDS W. NOMURA
46158 Invoice 4 STAMP PADS FOR COMMUNITY DEVELOPMENT
SANTA BARBARA LOCKSMITH 03/06/2025 9.66 105341
148365 Invoice KEYS FOR COMMUNITY POOL DROP BOX
SANTA BARBARA PEST CONTROL 03/06/2025 145.00 105342
43805 Invoice FEB25 PEST CONTROL AT VETS HALL
43806 Invoice FEB25 PEST CONTROL AT CITY HALL
SANTA BARBARA TROPHY/ENGRAVING 03/06/2025 53.33 105343
2448 Invoice NAME BADGES FOR CITY COUNCIL
SB COUNTY RESOURCE RECOVERY & WASTE MGMT 03/06/2025 355.42 105344 CAR02242025 Invoice SB1383 FOOD RECOVERY
SHARON OTSUKI 03/06/2025 88.00 105345
INV0007112 Invoice REIMBURSE USA SWIMMING MEMBERSHIP
SHOWSCAPES 03/06/2025 990.00 105346
388338487 Invoice TREE MAINTENANCE OGAN ROAD 11/7/24
SO CA EDISON 03/06/2025 105347 7,969.54
7590572224 Invoice RELOCATE FACILITIES AT VIA REAL
FEB25 700247140684 Invoice FEB25 ELECTRICITY-1 CARPINTERIA TC1 FEB25 700465507084 Invoice FEB25 ELECTRICITY-4950 9TH ST BT HM STAPLES ADVANTAGE 03/06/2025 105348 292.75
6024699912 Invoice BINDER COVERS, PENS, POST-ITS
6025506588 Invoice CLASSIFICATION FOLDERS, ENVELOPES
SUN COAST RENTALS 03/06/2025 105349 1,913.00
60267 Invoice FORKLIFT RENTAL FOR AVOCADO FESTIVAL
60527 Invoice EXCAVATOR RENTAL FOR STORM DRAINS
THE WHARF 03/06/2025 105350 144.49
369232 Invoice WORK BOOTS D. HUFF
TRUE NORTH COMPLIANCE SERVICES INC 03/06/2025 105351 2,505.12 25-01-039 Invoice JAN25 BP PLAN CHECK/INSPECTION SERVICES VILLAGE POOL SUPPLY 03/06/2025 105352 480.68
50367 Invoice CHLORINE, ACID FOR POOL 2/20/25
WAXIE SANITARY SUPPLY 03/06/2025 105353 3,938.52
115W700A Invoice 50 RECYCLE BINS WITH LIDS
WESTERN EXTERMINATOR COMPANY 03/06/2025 105354 91.90
73586369 Invoice FEB25 PEST CONTROL AT VETS HALL 2/6/25 WEX BANK (76) 03/06/2025 105355 407.17
103226548 Invoice FUEL FOR CITY VEHICLES
ADVANTAGE TELECOM 03/13/2025 105356 70.11
167171 Invoice MAR25 EMERGENCY PHONE LINE SERVICES

ALL LANGUAGES INTERPRETING & TRANSLATING INC. 03/13/2025 3,000.00 105357 31524 Invoice 2 INTERPRETERS FOR CC MTGS 2/3, 2/24, 2/10/2025 AMAZON CAPITAL SERVICES INC 03/13/2025 3,878.69 105358
13HQ-MGTL-9QVV Invoice HEADSET FOR PARKS ADMIN
13N1-F4N9-CV14 Invoice TONER CARTRIDGE, CALCULATOR BATTERY 13TG-VR4W-V66G Invoice ZIP BOOKS-M. WOODWARD
143V-PM4L-N1NR Invoice ZIP BOOKS-J. SMART
14QF-41K6-JGN9 Invoice BOOKS FOR LIBRARY
16FJ-LF33-CC1H Invoice PRIVACY SCREEN FOR FENCES AT POOL 17CG-DCLN-CL1F Invoice ZIP BOOKS-C. PRINS
17CG-DCLN-LN6G Invoice BOOKS FOR LIBRARY
19T9-6VPQ-D9RJ Invoice BOOKS FOR LIBRARY
1CGM-QQJD-6XV7 Invoice SUPPLIES FOR AGE WELL PROGRAM
1FCQ-CGJR-9DJD Invoice MINI GOLF SET TOY FOR LIBRARY
1FJQ-LWRF-91ML Invoice NINTENDO SWITCH COVER FOR LIBRARY 1FNR-DYD9-7MCW Invoice ZIP BOOKS-M. CARDENAS
1GQD-HYMP-QYJW Invoice ZIP BOOKS-CARP LIBRARY
1GRD-1TCQ-6FPV Invoice NINTENDO SWITCH FOR LIBRARY
1H33-4TNY-7T4Y Invoice PIPE CLAMP FOR SIGN INSTALLATION 1HCG-WK3Q-FXJ6 Invoice ZIP BOOKS-R. DE ZOYSA
1HCG-WK3Q-PF4R Invoice ZIP BOOKS-R. DE ZOYSA
1HCX-YPCM-FXYX Invoice ZIP BOOKS-CARP LIBRARY
1L6F-R4YD-LD3K Invoice GARDEN HOSES, SHEARS, LOPPERS FOR GARDEN 1LVK-QCGJ-PRCQ Invoice ZIP BOOKS-J. SMART
1MXM-C6WM-7P6Q Invoice AUTOMATIC PEOPLE COUNTER FOR LIBRARY 1NJH-QWGD-C9VC Invoice ZIP BOOKS-CARP LIBRARY
1NNX-9CDR-6P44 Invoice ZIP BOOKS-C. PRINS
1NTM-M3VP-HGL9 Invoice BOOKS FOR LIBRARY
1P4K-XVDC-9FDT Invoice 200 COPIES-A READ WITH JENNA PICK FOR CARP READS 1Q1C-C4CL-CQJD Invoice ZIP BOOKS-G. CARTER
1QT3-XGPL-KYFT Invoice OUTDOOR CLOCKS FOR POOL
1QT3-XGPL-X949 Invoice ZIP BOOKS-C. PRINS
1R69-FWFR-9RD4 Invoice BOOKS FOR LIBRARY
1RVX-3JQV-DWL9 Invoice BOOKS FOR LIBRARY
1TWX-9XC9-7V1D Invoice BOOKS FOR LIBRARY
1YWN-CF6G-VFPR Invoice ZIP BOOKS-M. CARDENAS
**Void** 03/13/2025 105359 -
**Void** 03/13/2025 105360 -
ASSOCIATION FOR RURAL & SMALL LIBRARIES 03/13/2025 105361 100.00 74824 Invoice ANNUAL MEMBERSHIP FOR LIBRARY THROUGH 3/29/26 CANNON 03/13/2025 105362 2,968.75
91205 Invoice JAN25 PROFESSIONAL PLAN CHECK SERVICES
CARPINTERIA CHILDREN'S PROJECT 03/13/2025 105363 500.00 2787 Invoice CLEANING FEE FOR COMMUNITY EVENT
CARPINTERIA VALLEY LUMBER CO 03/13/2025 105364 138.94
558139 Invoice STRAPS FOR SKATE PARK RANGE EXTENDER
558164 Invoice PAINT SUPPLIES FOR RED CURBS
558165 Invoice PAINT SUPPLIES FOR RED CURBS
558192 Invoice ZIP TIES FOR POOL PRIVACY SCREEN
558193 Invoice PLIERS FOR ZIP TIE CUTTERS
558456 Invoice PAINT FOR PARKS BAR-B-QUES
558497 Invoice PAINT FOR PARK B-B-QUES
558514 Invoice HARDWARE FOR POOL HANDRAILS
CARPINTERIA VALLEY WATER DISTRICT 03/13/2025 105365 17,466.63 CARP CITY FEB25 SERVICE Invoice FEB25-WATER FOR MULTIPLE LOCATIONS CLASSIC CAR WASH 03/13/2025 105366 485.00
INV0377 Invoice 2/19/25 FLEET CARWASH SERVICES
COAST AUTO PARTS INC 03/13/2025 105367 36.04
788721 Invoice FUEL CLEANER, OIL FOR UNIT 420 & SHOP COMPRESSOR COASTAL VIEW NEWS 03/13/2025 105368 173.00

62116 Invoice NOTICE OF PUBLIC HEARING AD 2/27/25
COUNTY SANITATION COMPANY INC STEWARTS & SELZER PLUMBING 03/13/2025 1,530.00 105369 65837 Invoice HYDRO JET CITY HALL 2/22/25
66016 Invoice HYDRO JET EL CARRO PARK 2/22/25
66017 Invoice HYDRO JET VIOLA FIELDS 2/22/25
COX BUSINESS 03/13/2025 564.42 105370
MAR25 001 3011 022093901 Invoice MAR25 CITY HALL INTERNET-PHONE SERVICE MAR25 001 3011 028450702 Invoice MAR25 VETS HALL INTERNET-PHONE SERVICE EMPATHIA PACIFIC INC 03/13/2025 600.00 105371
121156 Invoice APR25-JUN25 EAP SERVICES
EVERYWHERE RIGHT NOW 03/13/2025 285.00 105372
4270 Invoice FEB25 WEBSITE PROGRAMMING
FIRST NATIONAL BANK OF OMAHA 03/13/2025 12,001.81 105373 FEB25 3409 Invoice CREDIT CARD PAYMENT-JS
FEB25 3696 Invoice CREDIT CARD PAYMENT-LM
FEB25 4480 Invoice CREDIT CARD PAYMENT-NB
FEB25 4545 Invoice CREDIT CARD PAYMENT-BB
FEB25 5788 Invoice CREDIT CARD PAYMENT-RK
FEB25 6160 Invoice CREDIT CARD PAYMENT-JI
FEB25 9341 Invoice CREDIT CARD PAYMENT-MR
FEB25 9893 Invoice CREDIT CARD PAYMENT-JT
FRONTIER COMMUNICATIONS 03/13/2025 236.62 105374
MAR25 209-188-2500-061589-5 Invoice MAR25 PHONE & INTERNET-LG TOWER MAR25 805-566-3374-042524-5 Invoice MAR25 PHONE & INTERNET-BOATHOUSE GIRLS INC 03/13/2025 250.00 105375
8250 Invoice JAN25 EVENT RENTAL
GRACENOTE 03/13/2025 77.92 105376
150030725 Invoice MAR25 LISTING DISTRIBUTION SERVICES-GATV JOSE SEGURA 03/13/2025 100.00 105377
INV0007125 Invoice PARK DEPOSIT REFUND
KANOPY 03/13/2025 105378 207.00
442675 - PPU Invoice FEB25 LIBRARY VIDEOS
KATHERINE SALANT 03/13/2025 105379 120.00
Q2 APR-JUN 2024 Invoice PLANNING COMMISSION MEETINGS APR-JUN 2024 LIEBERT CASSIDY WHITMORE 03/13/2025 105380 3,519.00
284235 Invoice PROFESSIONAL LEGAL SERVICES THROUGH 12/31/24 MOST DEPENDABLE FOUNTAINS INC 03/13/2025 105381 1,874.11 INV82497 Invoice BOTTLE FILLER FOR VETS HALL
NGU DRONE PHOTOGRAPHY LLC 03/13/2025 105382 560.00
1031 Invoice PUBLIC WORKS PROMOTION VIDEO 1/22/25
OVERDRIVE INC. 03/13/2025 105383 137.33
01352DA25058690 Invoice FEB25 EBOOKS/AUDIOBOOKS FOR LIBRARY QUADIENT FINANCE USA INC 03/13/2025 105384 500.00
MAR25 7900 0440 8110 0954 Invoice POSTAGE FOR CITY HALL 3/6/25 RAYVERN LIGHTING SUPPLY 03/13/2025 105385 984.00
70685-0 Invoice LIGHT BULBS FOR SEASIDE BUILDING
70686-0 Invoice LIGHT BULBS FOR CITY HALL
SO CA EDISON 03/13/2025 105386 8,759.25
FEB25 700201069122 Invoice FEB25 ELECTRICITY-101 ASH AVE FEB25 700230547624 Invoice FEB25 ELECTRICITY-5103 CARPINTERIA AVE FEB25 700255596559 Invoice FEB25 ELECTRICITY-100 LINDEN FEB25 700264659490 Invoice FEB25 ELECTRICITY-1115 LINDEN AVE B PED FEB25 700274833982 Invoice FEB25 ELECTRICITY-901 CACTUS LN EV EV FEB25 700291369452 Invoice FEB25 ELECTRICITY-MULTIPLE LOCATIONS FEB25 700477662295 Invoice FEB25 ELECTRICITY-901 CACTUS LN LGHT LGHT

FEB25 700525378417 Invoice FEB25 ELECTRICITY-931 WALNUT & 4851 5TH ST FEB25 700604790697 Invoice FEB25 ELECTRICITY-CAPP AV/CSTS PAS 609 FEB25 700827356389 Invoice FEB25 ELECTRICITY-5300 CARPINTERIA AVE TC1 TC1 SO CAL GAS 03/13/2025 6,854.79 105387
FEB25 006 514 2700 7 Invoice NATURAL GAS 5305 CARPINTERIA AVE (POOL) FEB25 014 914 3239 7 Invoice NATURAL GAS 5103 CARPINTERIA AVE (FRIENDS OF THE L FEB25 016 913 9500 6 Invoice NATURAL GAS 5775 CARPINTERIA AVE (CITY HALL) FEB25 140 914 3084 4 Invoice NATURAL GAS 941 WALNUT AVE (VETS HALL) SOLID WASTE SOLUTIONS INC 03/13/2025 105388 609.00
223 Invoice FEB25 WASTEWATER PROFESSIONAL SERVICES
STAPLES ADVANTAGE 03/13/2025 39.22 105389
6025878406 Invoice 2 SETS USB DESK SPEAKERS
TODD MATHERS 03/13/2025 91.55 105390
INV0006599 Invoice PROJECT CLOSE OUT PL-23-2256
TVSB 03/13/2025 3,761.25 105391
NS2312 Invoice FEB25 VIDEO PRODUCTION SERVICES
TWO TRUMPETS COMMUNICATIONS 03/13/2025 6,000.00 105392
1457 Invoice FEB25 COMMUNICATIONS SERVICES
UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA03/13/2025 162.85 105393 220250169 Invoice MAR25 NEW TICKET CHARGES & DATABASE
24-252744 Invoice MAR25 CA STATE REGULATORY FEE
ZWORLD GIS 03/13/2025 2,977.00 105394
2025-0112 Invoice FEB25 MAPPING/GIS SERVICES
CalPERS HEALTH 03/06/2025 54,372.32 DFT0003427
100000017835375 Invoice MAR25 HEALTH PREMIUMS
CalPERS HEALTH 03/06/2025 6,382.71 DFT0003428
100000017835376 Invoice MAR25 HEALTH PREMIUMS
INTERNAL REVENUE SERVICE 03/06/2025 22,452.60 DFT0003432 PR05 3/6/25 Invoice PR05 3/6/25 FEDERAL TAX DEPOSIT
CalPERS 03/06/2025 DFT0003433 14,137.54
2/15/25-2/28/25 CLASSIC Invoice CLASSIC RETIREMENT CONTRIBUTIONS 2/15/25-2/28/25 CalPERS 03/05/2025 DFT0003434 14,771.58
2/15/25-2/28/25 PEPRA Invoice PEPRA RETIREMENT CONTRIBUTIONS 2/15/25-2/28/25 EDD-SIT 03/06/2025 DFT0003435 7,091.14
PR05 3/6/25 Invoice PR05 3/6/25 EDD PIT TAX DEPOSIT
EDD-SDI 03/06/2025 DFT0003436 2,260.64
PR05 3/6/25 Invoice PR05 3/6/25 EDD SDI TAX DEPOSIT

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of February 4, 2025 through March 3, 2025.

STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of February 4, 2025 through March 3, 2025.

DISCUSSION
The City Manager is delegated authority by the Carpinteria Municipal Code (CMC), §2.08.150B, to execute contracts on behalf of the City in the amount of $50,000 or less. Pursuant to CMC §2.08.150C, a list of all contracts executed by the City Manager is provided for City Council information and appended to this Staff Report as Attachment A. Attachment A lists all contracts entered into on behalf of the City for goods, construction and services for the Period of February 4, 2025 through March 3, 2025.

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

ATTACHMENTS
A. Report of Contracts Executed by the City Manager
Staff contact:

Agenda Section: Consent Calendar
Agenda Item No.: 5
Council Meeting Date: March 24, 2025
Report of Contracts Executed by City Manager
March 24, 2025

Brian C. Barrett, City Clerk
(805) 755-4403, [email protected]
Signature
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected] Signature

ATTACHMENT A
Report of Contracts Executed by the City Manager
Period of February 4, 2025 through March 3, 2025

VENDOR PURPOSE AMOUNT
D. Enstad Pool Service Installation of new pool lights $13,850.00 Tiny Footprint Farm, LLC (DBA
The Door Coaching)
Preparation of Library Strategic Plan $16,500.00

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

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

STAFF RECOMMENDATION
Receive and file the report.

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

BACKGROUND / DISCUSSION
The City Council of Carpinteria serves as the trustees of the City's public funds and is authorized to make investment decisions in accordance with the Prudent Investor Standard. The Prudent Investor Standard of the California Government Code Section 53600.3 states:

When investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.

The standard of prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.

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

Agenda Section: Consent Calendar
Agenda Item No.: 6
Council Meeting Date: March 24, 2025
Monthly
March 24, 2025

The purpose of this agenda item is to provide the City Council with the required monthly (Attachment A).

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

FINANCIAL CONSIDERATIONS
Cash Statement: On February 28, 2025, the City held cash and cash investments as shown in Table 1 below.

Table 1
Investments:

Changes in the market value of treasury securities are inversely proportional to changes in interest rates demanded in the open market (i.e., when rates rise market values fall, when rates fall market values rise).
changes in market rates is a function of its days to maturity and coupon rate. Securities with longer maturities and/or lower coupon rates are more sensitive to changes in market interest rates. As security matures, changes in its value become less sensitive to market rate changes.

As of February 28, 2025, the portfolio 2.37 years, the
average coupon rate was 2.77%, the average yield to maturity was 4.05%, the par value was $10,250,000 and the Market Value was $10,126,367.05.

The City does not intend to sell or have any foreseeable need to sell any securities. The to hold all securities to maturity, and securities so held are redeemed at par value resulting in no net market gain or loss. investments and cash activity for the month.

Cash and Investment Beginning of the Month $ 16,026,935.72 Cash Receipts 4,340,609.90
Cash Disbursements (4,630,998.95)
Cash and Investment End of the Month $ 15,736,546.67
CASH ACTIVITY FOR THE MO NTH:

Monthly
March 24, 2025

The City of Carpinteria will be able to meet all expenditure obligations that might reasonably be anticipated for the next six-month period from March 1, 2025, to September 1, 2025.

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

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
Attachment A: City of Carpinteria Monthly
Staff contact:

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

ATTACHMENT A
City Monthly Report
Cash and Investment Beginning of the Month $ 16,026,935.72 Cash Receipts 4,340,609.90 Cash Disbursements (4,630,998.95) Cash and Investment End of the Month $ 15,736,546.67 Type of Investment/Coupon/CUSIP # Institution/Issuer Yield to Maturity Maturity Date # Days to Maturity Par Value Market Value (1) Book Value (2) Demand Deposit - General Checking Montecito Bank N/A N/A N/A 411,368.66 411,368.66 411,368.66 Demand Deposit - Premier Public Money Market Montecito Bank N/A 3/1/2025 1 559,399.22 559,399.22 559,399.22 Demand Deposit - Section 125 Checking Montecito Bank N/A N/A N/A 5,236.89 5,236.89 5,236.89 Demand Deposit - Payroll Checking Montecito Bank N/A N/A N/A 5,000.00 5,000.00 5,000.00 Local Agency Investment Fund State of California 0.22% 3/1/2025 1 1,826,874.72 1,826,874.72 1,826,874.72 Demand Deposit - Money Market Charles Schwab N/A 3/1/2025 1 2,903,392.94 2,903,392.94 2,903,392.94 Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 3/31/2025 31 250,000.00 249,648.43 260,224.61 Treasury Note, 0.25%, (912828ZT0) U.S. Government 1.25% 5/31/2025 92 250,000.00 247,539.05 241,660.01 Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 6/30/2025 122 250,000.00 246,757.80 239,598.86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 9/30/2025 214 250,000.00 244,296.88 240,265.00 Treasury Note, 3.0%, (9128285J5) U.S. Government 4.09% 10/31/2025 245 250,000.00 247,968.75 242,136.63 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12/31/2025 306 250,000.00 242,343.75 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12/31/2025 306 250,000.00 242,343.75 240,365.00 Treasury Note, 3.875%, (91282CGE5) U.S. Government 3.77% 1/1/2026 307 250,000.00 249,375.00 250,641.19 Treasury Note, 1.625%, (912828P46) U.S. Government 1.56% 2/15/2026 352 250,000.00 244,062.50 250,595.69 Treasury Note, 0.5%, (91282CBQ3) U.S. Government 1.28% 2/25/2026 362 250,000.00 241,171.88 242,113.19 Treasury Note, 0.75%, (91282CBT7) U.S. Government 1.28% 3/31/2026 396 250,000.00 241,210.93 244,459.30 Treasury Note, 0.75%, (91282CCF6) U.S. Government 1.34% 5/31/2026 457 250,000.00 239,960.93 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S. Government 1.35% 6/30/2026 487 250,000.00 239,765.63 244,821.96 Treasury Note, 1.625%, (91282YQ7) U.S. Government 4.00% 10/31/2026 610 250,000.00 240,429.68 227,869.30 Treasury Note, 2%, (91282U24) U.S. Government 4.31% 11/15/2026 625 250,000.00 241,757.80 228,317.27 Treasury Note, 1.25%, (91282CDK4) U.S. Government 1.28% 11/30/2026 640 250,000.00 238,476.55 249,602.02 Treasury Note, 1.5%, (912828Z78) U.S. Government 3.64% 1/31/2027 702 250,000.00 238,554.68 231,040.31 Treasury Note, 2.25%, (912828V98) U.S. Government 4.29% 2/15/2027 717 250,000.00 241,835.93 229,819.14 Treasury Note, 2.5%, (91282CEF4) U.S. Government 3.96% 2/16/2027 718 250,000.00 242,656.25 235,031.06 Treasury Note, 2.75%, (91282CEN7) U.S. Government 3.71% 4/30/2027 791 250,000.00 243,632.80 241,094.62 Treasury Note, 3.25%, (91282CEW7) U.S. Government 3.70% 6/30/2027 852 250,000.00 246,054.68 245,668.13 Treasury Note, 3.125%, (91282CFH9) U.S. Government 4.19% 8/31/2027 914 250,000.00 244,921.88 238,232.21 Treasury Note, 4.125%, (91282CFU0) U.S. Government 4.02% 10/31/2027 975 250,000.00 250,937.50 250,962.10 Treasury Note, 2.25%, (9128283F5) U.S. Government 4.01% 11/15/2027 990 250,000.00 238,984.38 232,267.50 CITY OF CARPINTERIA TREASURER'S REPORT For the Month Ended February 2025 CASH ACTIVITY FOR THE MONTH: CASH AND INVESTMENT PORTFOLIO: 1 CITY OF CARPINTERIA TREASURER'S REPORT For the Month Ended February 2025 Treasury Note, 3.875%, (91282CGC9) U.S. Government 4.01% 12/31/2027 1036 250,000.00 249,375.00 248,750.00 Treasury Note, 4%, (91282CGPO) U.S. Government 3.99% 2/29/2028 1096 250,000.00 250,156.25 249,990.24 Treasury Note, 3.625%, (91282CGT2) U.S. Government 4.15% 2/29/2028 1096 250,000.00 247,500.00 244,990.00 Treasury Note, 4%, (91282CHK0) U.S. Government 4.14% 3/31/2028 1127 250,000.00 250,078.13 248,593.75 Treasury Note, 4.125%, (91282CHQ7) U.S. Government 4.13% 7/31/2028 1249 250,000.00 251,132.80 249,920.00 Treasury Note, 4.375%, (91282CHX2) U.S. Government 4.23% 8/31/2028 1280 250,000.00 253,085.93 251,445.00 Treasury Note, 4.625%, (91282CJA0) U.S. Government 4.52% 9/30/2028 1310 250,000.00 255,195.30 251,015.00 Treasury Note, 4.875%, (91282CJF9) U.S. Government 4.51% 10/31/2028 1341 250,000.00 257,382.80 253,583.99 Treasury Note, 4.375%, (91282CJN2) U.S. Government 4.20% 11/30/2028 1371 250,000.00 253,203.13 251,775.00 Treasury Note, 3.75%, (91282CJR3) U.S. Government 4.50% 12/31/2028 1402 250,000.00 247,734.38 242,177.50 Treasury Note, 4.25%, (91282CKD2) U.S. Government 4.48% 2/28/2029 1461 250,000.00 252,226.55 247,505.21 Treasury Note, 4.125%, (91282CKG5) U.S. Government 4.13% 3/31/2029 1492 250,000.00 251,054.68 247,724.61 Treasury Note, 4.5%, (91282CKT7) U.S. Government 4.50% 5/31/2026 457 250,000.00 254,765.63 251,259.77 Treasury Note, 4.25%, (91282CKX8) U.S. Government 4.25% 6/30/2029 1583 250,000.00 252,343.75 248,750.00 Treasury Note, 4.125%, (91282CLR0) U.S. Government 4.34% 10/31/2029 1706 250,000.00 251,171.88 247,675.78 Treasury Note, 4.125%, (91282CMA6) U.S. Government 4.13% 11/30/2029 1736 250,000.00 251,328.13 247,333.99 Treasury Note, 4.375%, (91282CMD0) U.S. Government 4.34% 12/31/2029 1767 250,000.00 253,945.30 250,341.80 15,837,639.48 15,961,272.43 15,736,546.67 REPORT OF ABILITY TO MEET REQUIRED EXPENDITURES FOR THE NEXT SIX MONTHS Based upon currently budgeted revenues and expenditures, the City currently has sufficient liquid financial resources to meet anticipated expenditures during the period 3/01/25 through 9/01/25. REPORT ON COMPLIANCE WITH STATEMENT OF SAFEKEEPING AND INVESTMENT OF PUBLIC FUNDS The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds. WEIGHTED AVERAGE MATURITY OF PORTFOLIO As of February 28, 2025 the weighted average days to maturity of the City's investment portfolio is 2.37 years. FOOTNOTES TO REPORT/DEFINITION OF TERMS: (1) The market value of U.S. Goverment Securities was provided by the custodial agent, Charles Schwab. For the Local Agency Investment Fund the market value represents the contract value. For all other investments, the market value is equal to book value. (2) Book value of demand deposits equals the bank balance minus outstanding checks plus deposits-in-transit. Yield to Maturity (YTM): The percentage rate of return for the note assuming that the City holds the asset until its maturity date. It is the sum of all its remaining coupon payments. Par Value: Equals face value of security (value of the security when it reaches maturity). Market Value: The last price for which a security was bought or sold. In this case, the value as of the last day of the month of this report. Book Value: The amount at which the security is carried in the City's accounting records (adjusted at year-end for GASB 40 reporting purposes). 2 City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6375, Directing the Preparation of a Street Lighting District No. 1 Report as a part of Consideration of Continuing the District for Fiscal Year 2025-

26. STAFF RECOMMENDATION
Adopt the attached Resolution No. 6375, as read by title only, directing the City Manager to prepare a report for the consideration of continuing Street Lighting District No. 1 for the Fiscal Year 2025-26.

Sample Motion: I move to adopt Resolution No. 6375, as read by title only, directing the City Manager to prepare a report for the consideration of continuing the ad valorem tax Street Lighting District No. 1 for the Fiscal Year 2025-26.

BACKGROUND/DISCUSSION
Street Lighting District No. 1 (District) is legally an independent special district governed by the City of Carpinteria. In 1977, the District was established to finance street lighting costs and continues to date. Due to the fact that this District was formed before Proposition 13 and is a property taxing district, the District is entitled to a very small share (less than 1%) of the basic one percent property tax rate.

The purpose of this agenda matter is for the City Council to consider adopting Resolution No. 6375, as read by title only, directing the City Manager to prepare a report for the consideration of continuing the ad valorem tax Street Lighting District No. 1 for the Fiscal Year 2025-26. This resolution is provided in Attachment A.

Agenda Section: Consent Calendar
Agenda Item No.: 7
Council Meeting Date: March 24, 2025
Adoption of Resolution No. 6375, Directing the Preparation of a Street Lighting District No. 1 Report as a part of Consideration of Continuing the District for Fiscal Year 2025-26 March 25, 2024

POLICY CONSISTENCY
The maintenance of public street lighting, formerly supported by the subject District, can be found consistent with various City policies including the General Plan Community in protecting public health and safety.

FINANCIAL CONSIDERATIONS
Failure to continue the District would result in a loss of approximately $200,000 in revenues to finance the cost of street lighting in the district and general fund. These funds have been used in the past to finance capital projects such as new or replacement street lights, etc. The fund balance as of June 30, 2024, is $541,062. Attachment B provides the state of Fund Transactions and Financial Condition for the District. The District Boundary Map is provided in Attachment C.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
It has been determined that continuation of this District is not subject to the conditions of Proposition 218.

The following is the sequence of events for continuing the District:

March 24, 2025 - Adopt a resolution ordering the preparation of a report describing the status of the District, which provides street lighting for the City and to provide projections for Fiscal Year 2025-26.

April 28, 2025 - The report is presented by staff with recommendations.

Adopt a resolution accepting the report.

Adopt a resolution of intention to continue the District for next fiscal year and set for public hearing.

May 27, 2025 - Conduct a public hearing on the proposal to continue the District.

Adopt a resolution continuing the District and levying the tax for fiscal year 2025-26.

Adoption of Resolution No. 6375, Directing the Preparation of a Street Lighting District No. 1 Report as a part of Consideration of Continuing the District for Fiscal Year 2025-26 March 25, 2024

OPTIONS

1. Adopt the attached Resolution No. 6375, as read by title only, directing the City Manager to prepare an assessment report for the consideration of continuing Street Lighting District No. 1 for the Fiscal Year 2025-26.

2. The City Council could choose not to order the preparation of the Annual Report; however, by omitting this step, the District would not be continued for Fiscal Year 2025-26.

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

ATTACHMENTS
Attachment A: Resolution No. 6375
Attachment B: State of Fund Transactions and Financial Condition for the District Attachment C: District Boundary Map
Staff contact:

Stephon Downes, Management Analyst
(805) 755-4446; [email protected] ___________________________ Signature
Staff contact:

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

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

Michael Ramirez, City Manager ___________________________ (805) 755-4400; [email protected] Signature

ATTACHMENT A
Resolution No. 6375
RESOLUTION NO. 6375

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

DIRECTING THE CITY MANAGER TO PREPARE AN ASSESSMENT DIAGRAM,

PLANS, SPECIFICATIONS, ESTIMATE, AND REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 FOR THE SUPPLY OF ELECTRICITY AND MAINTENANCE OF LIGHTING FIXTURES IN STREET LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2025-26.

WHEREAS, the continued public convenience and necessity require, and it is the intention of the City Council of the City of Carpinteria to order the furnishing of electric current, and the maintenance of lighting fixtures and appliances in said Street Lighting District No. 1 in the City of Carpinteria for the period beginning July 1, 2025 and ending June 30, 2026; and
WHEREAS, proceedings for such proposed improvements will be taken pursuant to the provisions of Division 14, Part 1, Chapter 8.5, Streets and Highways Code, Street Lighting Act of 1919, as amended; and
WHEREAS, the provisions of said Division 14, Part 1, Chapter 8.5, require a written report concerning such proposed improvements.

NOW, THEREFORE BE IT RESOLVED as follows:

SECTION 1. That the City Manager is hereby ordered to prepare a written report pursuant to the provisions of Section 18160 and 18161, Streets and Highways Code for the furnishing of electric current and the maintenance of certain lighting fixtures and appliances in all portions of the City that are within Street Lighting District No. 1 in said City for the period beginning July 1, 2025 and ending June 30, 2026.

PASSED, APPROVED AND ADOPTED on this 24th day of March, 2025, by the following called votes:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):
________________________
Mayor, City of Carpinteria
Resolution No. 6375

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 24, 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
State of Fund Transactions and Financial Condition for the District FUND 208

STREET LIGHTING FUND ACTUAL ACTUAL ACTUAL ACTUAL BUDGET PROJECTED 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26
A. SUMMARY OF FUND TRANSACTIONS:

Fund Balance; July 1 $ 256,170 $ 334,264 $ 395,746 $ 467,448 $ 541,062 $ 553,262 Fiscal Year Revenues 203,668 211,969 242,771 268,456 247,250 247,250 Fiscal Year Expenditures 125,574 150,487 171,069 194,843 235,050 235,050 Fund Balance; June 30 334,264 395,746 467,448 541,062 553,262 565,462 Revenue Over/(Under) Expense $ 78,094 $ 61,482 $ 71,702 $ 73,613 $ 12,200 $ 12,200 B. BALANCE SHEET, JUNE 30
ASSETS:

Cash in Savings $ 341,937 $ 403,419 $ 475,121 $ 548,735 $ 560,935 $ 573,135 Accounts Receivable - - - - - -
Total Assets 341,937 403,419 475,121 548,735 560,935 573,135 LIABILITIES AND FUND BALANCE:

Accounts Payable - - - - - -
Fund Balance 341,937 403,419 475,121 548,735 560,935 573,135 Total Liabilities & Fund Balance $ 341,937 $ 403,419 $ 475,121 $ 548,735 $ 560,935 $ 573,135 C. FISCAL YEAR REVENUE DETAIL:

Use of Money & Property $ 639 $ (6,805) $ 7,802 $ 22,288 $ 12,000 $ 12,000 District #1-Property Taxes, Secured 195,264 201,466 214,373 228,126 220,900 220,900 District #1-Property Taxes, Unsecured 2,905 7,097 7,343 8,525 8,500 8,500 District #1-Supplemental Roll 3,692 5,574 9,096 7,333 4,200 4,200 District #1-Homeowners Reimbursement 820 813 792 774 850 850 Prior Years and Penalties 348 1,223 866 1,410 800 800
Transfers In 2,600 2,500 - - -
Total Revenues $ 203,668 $ 211,969 $ 242,771 $ 268,456 $ 247,250 $ 247,250 D. FISCAL YEAR EXPENDITURE DETAIL:

Traffic Signals $ - $ - $ - $ - $ - $ -
Public Right of Way Expenses 21,842 - - - - -
Street Lighting (Utilities) 102,222 109,894 120,770 139,048 151,000 151,000 Supplies & Materials 1,510 - - - - -
Other Operating 7,561 331 649 3,000 3,000
Personnel Services 33,032 49,968 55,146 81,050 81,050
Professional Services - - - - -
Total Operating Expense 125,574 150,487 171,069 194,843 235,050 235,050 Transfers Out - - - - - -
Transfers Out Pension Trust
Transfers Out General Fund Capital
Total Transfers - - - - - -
Street Lights - - - - - -
Total Capital Outlay Expense - - - - - -
Total Expenditures $ 125,574 $ 150,487 $ 171,069 $ 194,843 $ 235,050 $ 235,050 STREET LIGHTING DISTRICT NUMBER 1

STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION

ATTACHMENT C
District Boundary Map

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6376, Directing the Preparation of a Lighting, Landscaping and Right of Way Improvement District No. 3 Report as a Part of Actions Necessary to Continue Lighting, Landscaping and Right of Way Improvement District No. 3 for Fiscal Year 2025-26.

STAFF RECOMMENDATION
Adopt Resolution No. 6376, as read by title only, ordering the preparation of a report describing the financial status of the District and recommending assessments for Fiscal Year 2025-26 for Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3.

Sample Motion: I move adoption of Resolution No. 6376, as read by title only, directing the City Manager to prepare, or have prepared, a report describing the financial status of the District and recommending assessments for Fiscal Year 2025-26 for the Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3.

BACKGROUND/DISCUSSION
The Lighting, Landscaping and Right of Way Improvement District No. 3 (District) was formed on June 8, 1985 by Resolution No. 1474, superseding Street Lighting District No. 2, providing funding for the maintenance of rights of way including repairs to curbs, gutters, sidewalks, tree removal and planting and the tree management program. Like the former Street Lighting District No. 2, this District may also make assessments for street lighting, but such assessments are not made since the overlapping Street Lighting District No.1 provides funding sufficient to meet any street lighting needs.

This District encompasses the entire City and assessments are made on a parcel-by-parcel basis depending on use, location and need for services. District revenues are currently used to pay for one Maintenance Worker I and one Maintenance Worker II positions as well as general right of way maintenance, and water and electric utilities costs.

Agenda Section: Consent Calendar
Agenda Item No.: 8
Council Meeting Date: March 24, 2025
Resolution No. 6376, to order report for Improvement District No. 3 for Fiscal Year 2025-26 March 24, 2025

The purpose of this agenda item is for the City Council to consider adoption of Resolution No. 6376, as read by title only, ordering the preparation of a report describing the financial status of the District and recommending assessments for Fiscal Year 2025-26 for Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3. This resolution is provided in Attachment A.

POLICY CONSISTENCY
The City General Plan/Local Coastal Plan includes policies that address the maintenance of street corridors in the City. Specifically, Policies CD-8a, CD-8b, CD-9a, CD-9b, CD-9c, CD-9d and CD-9f address pedestrian and bicycle pathways. The Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3 is the financial means by which the City can, in part, implement these policies.

FINANCIAL CONSIDERATIONS
Attachment B provides a summary of revenue and expenses for the District including past years, current year and projected data for the next fiscal year.

The income stream for this District is fixed at levels set in 1985 when the District was first established. The General Fund subsidized the District by $152,814 last year. The current year subsidy is estimated at $204,850.

The District has also historically received payment from the Gas Tax fund for Gas Tax related work,
payment from the Gas Tax Fund, performed by District employees. It is anticipated that the Gas Tax fund balance, which also receives a mostly static income stream, will be exhausted in the next few years. Should this occur it is expected that the General Fund subsidy would need to be increased to support the lost Gas Tax revenue.

In an effort to right size the actual cost for the maintenance of rights of way including repairs to curbs, gutters, sidewalks, tree removal and planting and the tree management program, staff is currently in the process of forming a new Landscaping and Lighting District that will be brought to the City Council for consideration at a future meeting. The District Boundary Map is provided in Attachment C.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The following is the sequence of events for continuing the District:

March 24, 2025 - Adopt a resolution ordering the preparation of a report describing the financial status and recommending assessments for Fiscal Year 2025-26.

April 28, 2025 - The report is prepared and presented by staff with recommendations. Adopt a resolution accepting the report. Adopt a resolution of intention to continue Resolution No. 6376, to order report for Improvement District No. 3 for Fiscal Year 2025-26 March 24, 2025

the District and to levy assessments for next fiscal year and set for public hearing.

May 27, 2024 - Conduct a public hearing on the proposal to continue the District. Adopt a resolution continuing the District and levying assessments for Fiscal Year 2025-26.

OPTIONS

1. Adopt the attached Resolution No. 6376, as read by title only, ordering the preparation of a report describing the financial status of the District and recommending assessments for Fiscal Year 2025-26 for Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3.

2. The City Council could choose not to order the preparation of the Annual Report; however, by omitting this step, the District would not be continued for Fiscal Year 2025-26.

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

ATTACHMENTS
Attachment A: Resolution No. 6376
Attachment B: State of Fund Transactions and Financial Condition for the District Attachment C: District Boundary Map
Staff contact:

Stephon Downes, Management Analyst
(805) 755-4446; [email protected] ___________________________ Signature
Staff contact:

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

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

Michael Ramirez, City Manager ___________________________ (805) 755-4400; [email protected] Signature

ATTACHMENT A
Resolution No. 6376
RESOLUTION NO. 6376

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

DIRECTING THE CITY ENGINEER TO PREPARE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE LEVY OF AN ASSESSMENT FOR CARPINTERIA LIGHTING, LANDSCAPING, AND RIGHT-OFWAY IMPROVEMENT DISTRICT NO. 3 FOR FISCAL YEAR 2025-26.

WHEREAS, Chapter 3, Part 2, Landscaping and Lighting Act of 1972, commencing with Section 22620 of the California Streets and Highways Codes specifies the process for the levy of annual assessments after formation of an assessment district pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, the City Council desires to consider an assessment for Fiscal Year 2025-26; and
WHEREAS, the Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3 includes the entire City of Carpinteria, including those parcels created within the City subsequent to the establishment of said District, unless any such parcel is exempt from assessment as provided by law; and WHEREAS, it is the intention of the City to continue to service and maintain street lights, landscaping and right of way in the City.

NOW, THEREFORE BE IT RESOLVED as follows:

SECTION 1. The City Manager shall have the City Engineer prepare and file a report in accordance with Chapter 3, Part 2, Landscaping and Lighting Act of 1972, commencing with Section 22620 of the California Streets and Highways Code for the purpose of consideration of the levy of an assessment for the Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3 for Fiscal Year 2025-26.

PASSED, APPROVED AND ADOPTED on this 24th day of March, 2025, by the following called votes:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Resolution No. 6376

________________________
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 24, 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
State of Fund Transactions and Financial Condition for the District FUND 209
RIGHT OF WAY FUND ACTUAL ACTUAL ACTUAL ACTUAL BUDGET Projected 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26
A. SUMMARY OF FUND TRANSACTIONS:

Fund Balance; July 1 (1,665) $ (12,572) $ (12,572) $ (12,572) $ (12,572) $ $ (12,572) Fiscal Year Revenues 224,586 317,368 297,122 368,843 410,750 410,750 Fiscal Year Expenditures 235,493 317,368 297,122 368,843 410,750 410,750 Fund Balance; June 30 (12,572) $ (12,572) $ (12,572) $ (12,572) $ (12,572) $ $ (12,572) Revenue Over/(Under) Expense (10,907) $ - $ - $ - $ - $ - $ B. BALANCE SHEET, JUNE 30
ASSETS:

Cash in Savings - $ - $ - $ - $ - $ - $
Accounts Receivable - - - - - -
Total Assets - - - - - -
LIABILITIES AND FUND BALANCE:

Accounts Payable - - - - - -
Fund Balance - - - - - -
Total Liabilities & Fund Balance $ - $ - $ - $ - $ - $ - C. FISCAL YEAR REVENUE DETAIL:

District #3 Assessment 194,285 $ 198,186 $ 193,000 $ 201,162 $ 198,400 $ 198,400 $ Penalties and Interest 628 (423) 100 358 1,300 1,300
Miscellaneous Revenue - 2,500 2,500 14,509 6,200 6,200
Transfer from Other Funds 29,673 117,104 101,522 152,814 204,850 204,850 Total Revenues $ 224,586 $ 317,368 $ 297,122 $ 368,843 $ 410,750 $ 410,750 D. FISCAL YEAR EXPENDITURE DETAIL:

Personnel Expense 112,784 $ 127,391 $ 121,500 $ 141,326 $ 126,450 $ 126,450 $ Right-Of-Way Maintenance (Contract) 61,733 90,742 74,250 134,116 154,400 154,400 Street Tree Maintenance (Contract) - - - - - -
Supplies and Materials 15,205 34,890 21,500 38,099 61,500 61,500 Vehicle Operations - - - - - -
Other Contract Services 930 5,918 21,000 1,086 5,000 5,000 Utilities 44,841 46,269 46,300 54,216 63,400 63,400
Total Operating Expense 235,493 305,210 284,550 368,843 410,750 410,750 Transfers Out - 12,158 12,572 - - -
Capital Improvements - - - - - -
Total Capital Outlay Expense - - - - - -
Total Expenditures $ 235,493 $ 317,368 $ 297,122 $ 368,843 $ 410,750 $ 410,750 LIGHTING, LANDSCAPING AND RIGHT OF WAY IMPROVEMENT DISTRICT NUMBER 3

STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION

ATTACHMENT C
District Boundary Map

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6377 Directing the Preparation of the Report for the Continuation of Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2025-26

STAFF RECOMMENDATION
Adopt Resolution No. 6377, ordering a report for the Downtown T Business Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2025-26.

Sample Motion: I move to adopt Resolution No. 6298, as read by title only, ordering a report by the Downtown Business Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2025-26.

BACKGROUND
The Carpinteria Parking and Business Improvement Area Assessment District No. 4 was formed in 1986, pursuant to the Parking and Business Improvement Area Law of 1979 (Streets and Highways Code 36500, et. al.) to provide a means of funding downtown promotion, revitalization efforts and public parking within the District. Typically, all businesses within the District pay a flat annual assessment of $119.25.

The District area includes several sub-areas that were formed historically as a part of funding capital parking projects. None of the sub-areas are currently active. The District Boundary Map is provided in Attachment C.

Sub- Parking Lot No. 1
Parking Lot No. 1 is located on Ninth Street between Yucca Lane and Elm Street. The funding program for this parking lot, which was financed through the sale of serial bonds, was paid off in 1988 by means of property assessments on the individual property owners.

In FY 1996-97 an assessment fee was levied on businesses adjacent to Parking Lot No. 1 to reimburse the City for half of the costs incurred for resurfacing the parking lot. Final payments on this assessment were completed in June 2006.

Agenda Section: Consent Calendar
Agenda Item No.: 9
Council Meeting Date: March 24, 2025
Resolution No. 6377 to Order Report for Assessment District No. 4 March 24, 2025

Sub- Parking Lot No. 3
Parking Lot No. 3 is located at the Amtrak Station on Linden Avenue and Fifth Street.

Parking Lot No. 3 was completed in FY 1989-90. SB 959 Grant monies were used on this project and, since this lot was intended to benefit both the Downtown and the beach area, General Fund. Businesses located in the proximity of Parking Lot No. 3 were levied an assessment fee. The debt was retired in June 2017.

Sub- Parking Lot No. 2
Parking Lot No. 2 is located on Cactus Lane. The funding program for this parking lot was established in Fiscal Year (FY) 1987-88. SB 959 Grant monies were used to fund a portion of the cost and funding of the balance was equally shared by the City and the businesses adjacent to Parking Lot No. 2. The business share of the assessment was paid off in June 1997.

Most recently, Parking Lot No. 2 was completely rebuilt with new pavement, storm water capture system, and lighting and landscaping improvements. This project was paid for by various City funds including Measure A, Measure X, Road Maintenance & Rehabilitation Account, and the Parking Business and Improvement Area Fund.

The Downtown T Business Advisory Board provides oversight and budget recommendations for spending the general business promotion assessments. Examples of expenditures are funding of downtown promotions, such as the two holiday parades, the Halloween Safe Trick or Treat event, as well as the Downtown banner program and a courtesy map.

The purpose of this agenda item is for the City Council to consider the adoption of Resolution No. 6377 (Attachment A), ordering a report for Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for the Fiscal Year 2025-26.

DISCUSSION
The Downtown T Business Advisory Board (DTBAB) has a duty to prepare and present an Annual Report to the City Council that addresses all matters relating to the Assessment District, including the methods and basis of levying the assessments and recommendations on the use of funds collected by the District. Additionally, the Board makes recommendations to the City Council for general promotion of business activities, economic growth, and stability of the District, and general maintenance issues within the Downtown T . The ordering, preparation and presentation of the Annual Report are also required steps in the process for renewal of the District.

Resolution No. 6377 to Order Report for Assessment District No. 4 March 24, 2025

POLICY CONSISTENCY
economy, in particular, the Downtown Business District. This item is in conformance with

FINANCIAL CONSIDERATIONS
Any financial impact to the City is incidental staff time in working with the Downtown T Business Advisory Board to prepare the Annual Report of Assessment District No. 4.

The financial condition of the District is shown in Attachment B.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Assessments for District No. 4 are made on businesses located within the improvement area; not on property owners. As such these assessments are not subject to the provisions of Proposition 218. It is possible to establish a district that is property based making collections through the County property tax roll. Such a district and assessments would; however, be subject to Proposition 218 requirements.

The following is the sequence of events for continuing this District:

March 24, 2025 - Adopt a resolution ordering the preparation of the Annual Report.

April 28, 2025 - Staff presents Annual Report with recommendations.

Adopt resolution accepting report.

Adopt resolution setting the matter for a public hearing.

May 27, 2025 - Hold public hearing on proposal to continue District.

Adopt resolution continuing District and levying assessments for Fiscal Year 2025-26.

OPTIONS

1. Adopt the attached Resolution No. 6377
Business Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2025-26.

2. The City Council could choose not to order the preparation of the Annual Report; however, by omitting this step, the District would not be continued for Fiscal Year 2025-26.

Resolution No. 6377 to Order Report for Assessment District No. 4 March 24, 2025

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

ATTACHMENTS
Attachment A: Resolution No. 6377
Attachment B: State of Fund Transactions and Financial Condition for the District Attachment C: District Boundary Map
Staff contact:

Stephon Downes, Management Analyst
(805) 755-4446; [email protected] ___________________________ Signature
Staff contact:

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

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

Michael Ramirez, City Manager ___________________________ (805) 755-4400; [email protected] Signature

ATTACHMENT A
Resolution No. 6377
RESOLUTION NO. 6377

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

DIRECTING THE PREPARATION OF A REPORT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 FOR PARKING FACILITIES,

IMPROVEMENTS, AND BUSINESS PROMOTION ACTIVITIES IN THE CENTRAL BUSINESS DISTRICT FOR FISCAL YEAR 2025-2026 (PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NO. 4).

WHEREAS, the Carpinteria City Council did form an assessment district pursuant to the "Parking and Busine , being Part 6 of Division
18 of the Streets and Highways Code of the State of California, commencing with Section 36500; and
WHEREAS, said formation of the Carpinteria Parking and Business Improvement Area District No. 4 was accomplished by adoption of Ordinance No. 393 on September 8, 1986, following public hearings as prescribed by the Parking and Business Improvement Area Law of 1979; and
WHEREAS, said District No. 4 has been continued in full force and effect in subsequent fiscal years; and
WHEREAS, effective January 1, 1990, said Parking and Business Improvement Area Law of 1979 was repealed by the State of California and replaced by the Parking and Business Improvement Area Law of 1989, being Division 18 of Part 6 (commencing with Section 36500) of the California Streets and Highways Code; and WHEREAS, Article 3 of Chapter 1 of said 1989 Improvement Area Law (Section 36515) provides that any Parking and Business Improvement Area created prior to January 1, 1990, under the prior 1979 law, continues to be in full force and effect, subject to certain conditions, under the 1989 law; and
WHEREAS, Chapter 3 (Assessments) and Chapter 4 (Modification of Boundaries) of said 1989 Improvement Area Law (commencing with Section 36530) prescribes the process for levying assessments, including appointment of an advisory board and requires said board to make a report to the City Council on all matters relating to said Improvement Area prior to the City Council taking any action on said assessments or boundaries for the next fiscal year starting July 1, 2025; and WHEREAS, it is necessary for the public safety, convenience and economic health of the City that efforts to provide off-street public parking and other improvements and business promotion activities within the central business district be continued; and WHEREAS, the City Council wishes to consider continuing the existing Parking and Business Improvement Area District No. 4 for Fiscal Year 2025-26 including the various programs and assessments associated therewith.

Resolution No. 6377

NOW, THEREFORE BE IT RESOLVED as follows:

SECTION 1. The Carpinteria City Council does hereby resolve, determine and order that a Report be prepared by the Downtown T Business Advisory Board pursuant to Chapters 3 and 4 of the California Parking and Business Improvement Area Law of 1989, being Part 6 of Division 18 (commencing with Section 36530) of the California Streets and Highways Code, for the fiscal year starting July 1, 2025, and ending June 30, 2026, including programs for the acquisition, construction or maintenance of off-street public parking and such other eligible improvements and business promotion activities, including proposed assessments and boundary adjustments, if any.

PASSED, APPROVED AND ADOPTED this 24th day of March 2025 by the following called vote:

AYES: COUNCIL MEMBER:

NOES: COUNCIL MEMBER:

ABSENT: COUNCIL MEMBER:

ABSTAIN: COUNCILMEMBER:
__________________________
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 the 24th day of March 2025.
__________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
Resolution No. 6377

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
State of Fund Transactions and Financial Condition for the District FUND 210
STREET LIGHTING FUND ACTUAL ACTUAL ACTUAL ACTUAL Budget Projected 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26
A. SUMMARY OF FUND TRANSACTIONS:

Fund Balance; July 1 $ 45,570 $ 26,962 $ 14,126 $ 18,616 $ 22,498 $ 24,198 Fiscal Year Revenues 604 1,953 17,378 15,652 17,000 17,000 Fiscal Year Expenditures 19,212 14,789 12,888 11,770 15,300 15,300 Fund Balance; June 30 26,962 14,126 18,616 22,498 24,198 25,898 Revenue Over/(Under) Expense $ (18,608) $ (12,836) $ 4,490 $ 3,882 $ 1,700 $ 1,700 B. BALANCE SHEET, JUNE 30
ASSETS:

Cash in Savings $ 26,962 $ 14,126 $ 18,616 $ 22,498 $ 24,198 $ 25,898 Accounts Receivable - - - - - -
Total Assets 26,962 14,126 18,616 22,498 24,198 25,898
LIABILITIES AND FUND BALANCE:

Accounts Payable - - - - - -
Fund Balance 26,962 14,126 18,616 22,498 24,198 25,898
Total Liabilities & Fund Balance $ 26,962 $ 14,126 $ 18,616 $ 22,498 $ 24,198 $ 25,898 C. FISCAL YEAR REVENUE DETAIL:

Use of Money & Property 137 $ (247) $ 495 $ 2,880 $ 2,000 $ 2,000 $ Assessment General Business District #4 Assessment 467 14,883 12,772 15,000 15,000 Transfers from Other Funds - 2,200 2,000 - - -
Total Revenues $ 604 $ 1,953 $ 17,378 $ 15,652 $ 17,000 $ 17,000 D. FISCAL YEAR EXPENDITURE DETAIL:

Personnel Expense 5,306 $ 3,704 $ 662 $ - $ - $ - $
Marketing Materials 3,592 3,671 5,624 10,049 12,200 12,200 Street Maintenance 4,950 4,800 4,666 - - -
Printing & Advertising - 1,187 458 346 800 800
Dues & Subscriptions 381 625 673 719 1,550 1,550
Supplies & Materials 747 802 805 656 750 750
Equipment/Office Rent & Leases 4,236 - - - - -
Trnasfer Out - - - - - -
Total Operating Expense 19,212 14,789 12,888 11,770 15,300 15,300 Capital Improvements - - - - - -
Total Capital Outlay Expense - - - - - -
Total Expenditures $ 19,212 $ 14,789 $ 12,888 $ 11,770 $ 15,300 15,300

STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION
PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NUMBER 4

ATTACHMENT C
District Boundary Map
District Boundaries of Carpinteria
Parking and Business Improvement Area
District No. 4
Parking Lot No. 1
Sub Area

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6378, Directing the Initiation of Procedures to Continue Winter Protection Berm Assessment District No. 5 for Fiscal Year 2025-26.

STAFF RECOMMENDATION
Adopt the attached Resolution No. 6378, as read by title only, ordering the preparation of a report describing the Winter Protection Berm Program and associated assessment and continue the Winter Protection Berm Assessment District No. 5 for Fiscal Year 2025-26.

Motion: I move to adopt Resolution No. 6378, as read by title only.

BACKGROUND / DISCUSSION
The Winter Protection Berm Assessment District No. 5 (District) was formed by Resolution No. 3061, dated December 14, 1992. The District funds the annual construction and removal of the winter protection berm along Carpinteria City Beach. The annual construction and removal are necessary to provide storm wave and coastal flooding protection to the public and private improvements within the District. The District includes all properties immediately adjacent to Carpinteria City Beach from Linden Avenue to Ash Avenue.

The attached Resolution No. 6378 (Attachment A) orders staff to prepare the District report pursuant to Streets and Highways Code 10200 et seq. in which will then be the first step in a process to consider the annual renewal of the District. The District report is scheduled to be heard at the City Council Meeting of April 21, 2025, based on the adoption of Resolution No. 6378.

POLICY CONSISTENCY
public and private property improvements from winter storm waves along Carpinteria City Beach.

Agenda Section: Consent Calendar
Agenda Item No.: 10
Council Meeting Date: March 24, 2025
Adoption of Resolution No. 6378, Directing the Initiation of Procedures to Continue Beach Winter Protection Berm Assessment District No. 5 for Fiscal Year 2025-26 March 25, 2024

FINANCIAL CONSIDERATIONS
There is no financial analysis included as a part of this staff report.

LEGAL
There are no legal issues presented as a part of this report.

OPTIONS

1. Adopt the attached Resolution No. 6378, as read by title only, ordering the preparation of a report describing the Winter Protection Berm Program and associated assessment and continue the Winter Protection Berm Assessment District No. 5 for Fiscal Year 2025-26.

2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate. However, by omitting this step, the District would not be continued for Fiscal Year 2025-26.

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

ATTACHMENTS
Attachment A: Resolution No. 6378
Staff contact:

Stephon Downes, Management Analyst
(805) 755-4446; [email protected] ___________________________ Signature
Staff contact:

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

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

Michael Ramirez, City Manager
(805) 755-4400; [email protected] ___________________________ Signature

ATTACHMENT A
Resolution No. 6378
RESOLUTION NO. 6378

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

INITIATING PROCEEDINGS FOR THE CONTINUATION OF ASSESSMENT DISTRICT NO. 5.

WHEREAS, The Carpinteria City Council proposes to set the amount of the annual assessment to be collected for fiscal year 2024-25 pursuant to the Municipal Improvement Act of 1913 (section 10000 and following, Streets and Highways Code) for the purpose of constructing the following improvements:

The annual installation and removal of the Carpinteria Beach Winter Protection Berm project located along the entire length of the Carpinteria City Beach between Linden Avenue on the east to Ash Avenue to the west. The annual winter sand berm project benefits the public and measure of protection from winter ocean waves and ocean flooding, and WHEREAS, the funds collected by the proposed assessment are specifically to be used for the Assessment District Number Five project costs, in the City of Carpinteria, Santa Barbara County, California and shall be collected from all the Assessment Diagram, Assessment District No. 5, City of Carpinteria, Santa Barbara NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The Public Works Director of the City of Carpinteria is hereby designated Engineer for the purpose of these proceedings.

SECTION 2. The City Council hereby directs the Public Works Director to prepare and file with the City Clerk a report in accordance with §10204 of the Municipal Improvement Act of 1913, Streets and Highway Code.

SECTION 3. The Report shall be filed with the City Clerk and shall be presented to the City Council for consideration on April 22, 2024, at 5:30 pm or as soon thereafter as the matter may be heard.

PASSED, APPROVED AND ADOPTED on the 25th day of March, 2024, by the following vote:

Resolution No. 6378

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 25, 2024. ___________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
__________________________________
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Recruitment of a Public Works Manager position for the Public Works Department.

STAFF RECOMMENDATION
Authorize the City Manager to recruit for the Public Works Manager position.

Sample Motion: I move to authorize the City Manager to recruit for the Public Works Manager position.

BACKGROUND
Pursuant to Resolution No. 4994, the City Council, through its designated employees (e.g., City Manager), is empowered with and authorized to direct and control the City to the full extent of the law. This includes the right to:

1. Direct the work of its employees

2. Determine the staffing patterns and the number and kinds of personnel required,

3. Set standards of service and determine the procedures and standards of selection for employment and promotion;

4. Determine the content of job classifications; and

5. Exercise complete control and discretion over its organization and the methods of performing its work.

Furthermore, the City Manager may make recommendations to the City Council concerning any reorganization of offices, positions, departments, or units as necessary to further the interest of efficient, effective, and economical conduct of City business pursuant to Section 2.08.110 (Powers and Duties Designated) of the Carpinteria Municipal Code.

The purpose of this agenda item is for the City Council to authorize the City Manager to recruit for the Public Works Manager position.

Agenda Section: Consent Calendar
Agenda Item No.: 11
Council Meeting Date: March 24, 2025
Recruitment of a Public Works Manager position for the Public Works Department March 24, 2025

DISCUSSION
retirement of the incumbent Public Works Supervisor. While the current Public Works Supervisor position streets, rights-of-way, and fleet maintenance operations, a comprehensive review of departmental needs were assessed which found the necessity for higher-level, mid-management duties in a new Public Works Manager position. This new position would perform management functions for the entire Maintenance Division which includes the Street Maintenance, Fleet Maintenance, and Parks and Facilities programs. The Public Works Director/City Engineer currently performs the management functions for both the Engineering Division and Maintenance Division.

In general, the proposed duties of the Public Works Manager position would consist of management functions including direct supervision of maintenance staff and operations, budget management, interdepartmental collaboration, and coordination with external agencies. Key distinctive duties of the Public Works Manager position include:

Increased Scope of Work: The Public Works Manager manages the Maintenance programs.

Higher-Level Mid-Manager Duties: The Public Works Manager prepares and/or presents staff reports to the City Council and boards/committees, participates in long-term planning, and develops the Maintenance Division budget.

The Public Works Supervisor position does not perform the aforementioned key distinctive duties. The Public Works Manager position would replace the Public Works Supervisor position. The proposed job description of the Public Works Manager position is shown as Attachment A. The proposed updated list of full-time employees for Fiscal Year 2024/25 is shown as Attachment B.

By freeing the Public Works Director/City Engineer from concurrently managing two divisions, the operational needs of the Maintenance Division would be addressed by recruiting for a Public Works Manager position to ensure effective service delivery.

POLICY CONSISTENCY
The recommendation can be found consistent Resolution No. 4994 and Section 2.08.110 of the Carpinteria Municipal Code.

FINANCIAL CONSIDERATIONS
No Additional Funding Requested. Future budget development will need to account for the ongoing costs associated with the Public Works Manager position to ensure adequate resources are allocated to maintain this role in alignment with the Public Works Department s long-term staffing needs.

Recruitment of a Public Works Manager position for the Public Works Department March 24, 2025

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
To ensure compliance with labor laws and union agreements, staff sought legal counsel from the ebert Casidy Whitmore.

OPTIONS

1. Authorize the City Manager to recruit for the Public Works Manager position.

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

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
Attachment A: Public Works Manager Job Description
Attachment B: Updated List of Full-Time Employees for Fiscal Year 2024/25 Staff contact:

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

John Ilasin, Public Works Director
(805) 880-4402; [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
Public Works Manager Job Description
The Public Works Manager is responsible for overseeing and managing the operations of the Public Works Department Maintenance Division, including the maintenance of City streets, rights-of-way, fleet, parks, and facilities. This position plans, organizes, supervises, and coordinates both field and administrative functions to ensure effective and efficient service delivery.

The Public Works Manager leads the Maintenance Division, fostering teamwork and collaboration while working closely with the Public Works Director. This role also involves preparing, presenting, and analyzing various reports, developing maintenance strategies, and ensuring compliance with safety and regulatory standards.

Foster teamwork and collaboration of assigned personnel Conduct regular inspections of City streets, rights-of-way, fleet, parks, and facilities; identify maintenance needs and ensuring safety and compliance with City standards and requirements as well as local, state, and federal laws and regulations Conduct quality control of workmanship
Respond to service requests and emergency calls and provide timely and effective solutions

Approved: March 2025
Revision Dates: N/A
Former Titles:

Status:

ADA Review:

DOT: No
Physical: No

ATTACHMENT B
Updated List of Full-Time Employees for Fiscal Year 2024/25 2020/21* 2021/22 2022/23 2023/24 2024/25

GENERAL GOVERNMENT
City Manager 1 1 1 1 1
Assistant City Manager 1 1 1 1 1
Human Resources/Risk Manager 1 1 1 0 0
City Clerk 1 1 1 1 1
Program Manager 1 1 1 1 1
Executive Assistant/Deputy City Clerk 1 1 1 0 0
Management Analyst I/II ** 0 0 0 1 2
Human Resources Assistant 0 0 0 1 1
Office Assistant I/II 1 1 1 1 0
Management Assistant 0 0 0 0 1
General Government Department Sub-total: 7 7 7 7 8

ADMINISTRATIVE SERVICES
Administrative Services Director 1 1 1 1 1
Finance Manager 0 0 1 1 1
Accounting Technician 1 1 1 1 1
Accounting Specialist 0 0 1 1 1
Administrative Services Department Sub-total: 3 3 4 4 4

COMMUNITY DEVELOPMENT
Community Development Director 1 1 1 1 1
Principal Planner 2 2 2 2 2
Senior Planner 0 0 0 1 1
Associate Planner 2 2 2 2 2
Assistant Planner 0 0 0 0 0
Administrative Assistant I/II 1 1 1 1 1
Chief Building Inspector 1 1 1 1 1
Code Compliance Supervisor 1 1 1 1 1
Code Compliance Officer I 0 0 0 0 0
Code Compliance Officer II 2 2 2 1 1
Community Development Department Sub-total: 10 10 10 10 10

PUBLIC WORKS DEPARTMENT
Public Works Director 1 1 1 1 1
Management Analyst I/II 0 0 1 1 1
Assistant to the Public Works Director 1 1 0 0 0
Civil Engineer 1 1 1 0 0
Associate Engineer 0 0 0 1 1
Environmental Program Manager 1 1 1 1 1
Environmental Program Specialist ** 0 0 0 0 1
Engineering Technician 1 1 1 1 1
Public Works Manager 0 0 0 0 1
Public Works Supervisor 1 1 1 1 0
Lead Maintenance Worker 1 1 1 1 1
Maintenance Worker I/II 3 3 3 3 3
Public Works Department Sub-total: 10 10 10 10 11

PARKS, RECREATION & COMMUNITY SERVICES
Parks, Recreation & Community Services Director 1 1 1 1 1 Program Manager 0 0 0 0 1
Management Analyst I/II 0 0 1 1 0
Management Assistant 1 1 0 0 0
Aquatics Superintendent 1 1 1 1 1
Aquatics Program Coordinator 1 1 1 1 1
Parks & Facilities Maintenance Supervisor 1 1 1 1 1
Sr. Parks & Facilities Maintenace Technician 1 1 1 1 1
Parks & Facilities Maintenance Technician 0 0 0 0 0
Maintenance Worker I/II 1 1 1 1 1
City Librarian 1 1 1 1 1
Community Engagement Library Specialist 1 1 1 1 1
Senior Services Coordinator 0 0 0 1 1
Parks, Recreation & Public Facilities Department Sub-total: 9 9 9 10 10 GRAND TOTAL - Full Time Staff: 39 39 40 41 43
*Fiscal Year's figure updated with changes made post-budget adoption **Limited term positions

AUTHORIZED FULL TIME POSITIONS- LAST FIVE YEARS
City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Selection of the 2024 City of Carpinteria Volunteer of the Year

STAFF RECOMMENDATION

1. Commend Carpinteria Volunteer of the Year nominees for their service in 2024 and select a Volunteer of the Year recipient.

2. Direct City staff to submit the Volunteer of the Year recipient to the Carpinteria

3. Direct staff to prepare a Resolution for the Volunteer of the Year awardee to be adopted at a future City Council Meeting.

Sample Motion: I move to:

1. Commend Carpinteria Volunteer of the Year nominees for their service in 2024, as well as select and submit ___ as the Volunteer of the Year recipient to the Carpinteria Community Association on behalf of the City of Carpinteria.

2. Direct City staff to prepare a Resolution for Volunteer of the Year to be adopted during a future Council Meeting.

BACKGROUND
Each year, the City of Carpinteria nominates and selects a Volunteer of the Year for the Carpinteria Community Association. This award recognizes an individual who has made significant volunteer contributions to the City over the preceding year. The selected Volunteer of the Year will be honored at the Carpinteria Community Awards Banquet on April 26, 2025, at Girls Inc. of Carpinteria.

The purpose of this agenda item is to initiate the formal process for the Council's selection and recognition of the 2024 City of Carpinteria Volunteer of the Year recipient.

Agenda Section: Administrative Matters
Agenda Item No.: 12
Council Meeting Date: March 24, 2025
Volunteer of the Year
March 24, 2025

DISCUSSION
Nominations for the City of Carpinteria Volunteer of the Year have been submitted by City staff and City Council members who oversee or are actively involved in these volunteer efforts and activities. Only one individual may be selected as the Volunteer of the Year.

The nominees are as follows:

Ted Rhodes: Ted has been a dedicated advocate for the preservation of open space in Carpinteria since 1988, contributing to initiatives such as the Bluffs Preserve, the Salt Marsh, the Franklin Trail, and most recently, the Rincon Gateway Preserve. In addition to his participation on the Carpinteria Open Space Management Board (COSMAB), Ted contributed approximately 100 hours of service for the calendar year 2024 to various efforts related to education, preservation, and maintenance of rces.

Gaby Edwards: Gaby has been on the Friends of the Carpinteria Library Board for 12 years and has served as the President for the last 8 years. Under her leadership, the Friends contribute approximately $65,000 annually to the Carpinteria Community Library. In 2018, Gaby played a key role in the successful passage of Measure X, which allowed Carpinteria to take over management of the Library. Gaby also volunteers at the bookstore an hour each week and spends approximately two hours each week in her capacity as President of the Friends of the Library. Under her leadership, the Friends have kept the used bookstore thriving, providing financial support for the library. She also served as the City representative to the Santa Barbara County Library Advisory Committee for several years. Prior to her work with the Friends, Gaby was a Literacy tutor for ten years. Gaby is a thoughtful, active, and joyful volunteer whose efforts benefit all of Carpinteria.

Jenny McCurry: Jenny has been a committed literacy tutor since 2012 and currently volunteers 2 to 3 hours a week working with adult learners, tailoring her lessons to their specific needs and goals. When Carpinteria began operating the with Library Specialist, Eric Castro, to organize and lead training sessions for new tutors, providing guidance on effective methods for instructing adult learners.

Beyond tutoring, Jenny helps at the Library by shelving books and assisting whenever needed. Always generous with her time, Jenny is known for her kind words, her smile, and her unwavering support for others.

Rosalyn Kohute: Roz dedicated more than 250 hours of service to in calendar year 2024.

Prior to that, Roz spent several years advocating for senior programming and was instrumental in launching AgeWell, ensuring that older adults in Carpinteria have the support and resources they need to live healthy, fulfilling lives. She is the Volunteer of the Year
March 24, 2025

organizer and leader of Bridge Club and serves as a co-leader for the Meet, Greet, and Move Your Feet Walking Club, encouraging seniors to stay active and connected.
enhancing the well-being and inclusion of seniors in our community is to be commended.

Alex -Peralta: In calendar year 2024, Alex devoted more than 70 hours of her time to unique and meaningful initiatives, enriching the lives of Carpinterians. With her grounding and calming presence, Alex has become a vital support for our senior community, providing space for reflecting, connection, and growth. As the leader of a meditation group, Alex has
most popular programs. Her sessions, which include a sound bath, offer seniors a chance to relax, recharge, and find inner balance. Beyond her support of AgeWell, Alex volunteers at the Carpinteria Community Library, where she facilitates the monthly Death Café a groundbreaking and forward-thinking discussion group that helps individuals to explore and navigate conversation around end-of-life topics with openness and support. Her special talents, wisdom, and caring-spirit are greatly appreciated by all.

Attachment A provides a list of previous City of Carpinteria Volunteer of the Year award recipients.

ATTACHMENTS
A. Carpinteria Volunteer of the Year History
Staff contact:

Juliza Briones, Program Manager
805-755-4401; [email protected]
Signature
Reviewed by:

Ryan Kintz, Assistant City Manager
805-754-4400; [email protected]
Signature
Reviewed by:

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

ATTACHMENT A
Carpinteria Volunteer of the Year History

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Closeout of the 2022 Pavement Rehabilitation Project.

STAFF RECOMMENDATION

1. Authorize the Mayor to sign the Closeout Agreement and Release of Claims for the 2022 Pavement Rehabilitation Project with Toro Enterprises, Inc;

2. Authorize the City Manager to release the construction contract bonds after one year of acceptance of the work by the City in accordance with the warranty required by the construction contract; and

3. Approve a budget appropriation in the amount of $250,000 to the Capital Improvements Fund.

Sample Motion: I move to:

1. Authorize the Mayor to sign the Closeout Agreement and Release of Claims for the 2022 Pavement Rehabilitation Project with Toro Enterprises, Inc.

2. Authorize the City Manager to release the construction contract bonds after one year of acceptance of the work by the City in accordance with the warranty required by the construction contract.

3. Approve a budget appropriation in the amount of $250,000 to the Capital Improvements Fund.
(This motion requires a roll call vote.)

BACKGROUND
On April 8, 2024, the City Council awarded the 2022 Pavement Rehabilitation Project construction contract to Toro Enterprises, Inc. in the Total Base Bid amount of $5,416,217. On April 10, 2024, the Notice of Award was issued to Toro Enterprises, Inc., to begin the process of executing the construction contract including furnishing the required performance bond, payment bond, and certificates of insurance and insurance endorsements. Staff confirmed the construction contract was fully executed and issued the Notice to Proceed to Toro Enterprises, Inc. for starting construction on June 10, 2024.

On October 14, 2024, the City Council approved a budget appropriation in the amount of $402,564 from the Local Surface Transportation Program funds to the Capital Agenda Section: Administrative Matters
Agenda Item No.: 13
Council Meeting Date: March 24, 2025
Closeout of the 2022 Pavement Rehabilitation Project
March 24, 2025

Improvements Fund of the Fiscal Year 2024/25 Capital Improvements Program Budget for the 2022 Pavement Rehabilitation Project.

The purpose of this agenda matter is for the City Council to authorize the Mayor to sign the Closeout Agreement and Release of Claims for the 2022 Pavement Rehabilitation Project with Toro Enterprises, Inc.; authorize the City Manager to release the construction contract bonds after one year of acceptance of the work by the City in accordance with the warranty required by the construction contract; and approve a budget appropriation in the amount of $250,000 to the Capital Improvements Fund of the Fiscal Year 2024/25 Capital Improvements Program Budget to correct project budget.

DISCUSSION
The general scope of work for the 2022 Pavement Rehabilitation Project consisted of pavement rehabilitation, pedestrian facility upgrades, and drainage improvements. Table 1 shows the street locations of the project:

Table 1: 2022 Pavement Rehabilitation Project Locations Street Name Block Begin Limit End Limit
Byrnes Lane 1200 End Cameo Road
Callejon Drive 5500 Concha Loma Drive End
Cameo Road 5500 La Brea Lane Casitas Pass Road
Cramer Circle1 1200 1275 Cramer Circle 1234 Cramer Circle Dorrance Way 4700 Ash Avenue Holly Avenue Intersection
Dorrance Way 4700 to 4800 Holly Avenue Intersection Elm Avenue Dorrance Way 4900 Elm Avenue Linden Avenue
El Carro Lane 4500 to 4600 Santa Ynez Avenue Azalea Drive Intersection El Carro Lane 4700 Azalea Drive Intersection Sterling Avenue Fourth Street2 4500 to 4700 Holly Avenue End
Kathy Street 1500 Dariesa Street End
Lisa Street 1500 Dariesa Street End
Myra Street 1500 Dariesa Street End
Retorno Drive 5500 Concha Loma Drive South end
Star Pine Road3 5300 East end Vallecito Road
Vallecito Road 1000 to 1100 North end Carpinteria Avenue Via Real 4000 to 4100 Cravens Lane 4200 Via Real
Those street
work included the entire street intersection. A location map is provided in Attachment A.

During the course of construction, the following contract changes orders were directed by the Public Works Director:

Table 2: Contract Change Orders
Contract Change
Order No.

Brief Description Cost
Closeout of the 2022 Pavement Rehabilitation Project
March 24, 2025

1 Remove and replace curbs, gutters, sidewalks,
and driveway approaches
$172,050.00
2 Water service relocations $72,494.00
3 Vallecito Road storm drain revisions ($62,836.04)
4 Dorrance Way subgrade stabilization $46,263.13
5 Via Real pavement revisions ($84,054.08)
6 Balancing Contract Change Order ($22,252.99)
The Balancing Contract Change accounts for any increases and decreases in quantity of bid items for the final amount of work.

Table 3 summarizes the breakdown of the funding sources for the total project budget:

Table 3: Project Funding Sources
Funding Summary
Gas Tax $ 460,000
Measure A $1,121,500
*Measure X* $3,987,700
RMRA $ 367,550
Street Improvement Fee $ 140,300
State Grant (LSTP) $ 402,600
Total Funding $6,479,650

Table 4 summarizes the actual project costs:

Table 4: Actual Project Costs
Cost Summary
Design/Engineering $ 688,850
Construction $5,745,000
Construction Management $ 325,800
Total $6,729,650
The Public Works Director finds the work as being in conformance with the contract documents and determined the construction was completed on January 31, 2025.

Therefore, staff recommends for the City Council to authorize the Mayor to sign the Closeout Agreement and Release of Claims as shown in Attachment B.

Correction of Budget Appropriation
The City Council authorized and approved five (5) budget appropriations for the project as follows:

Closeout of the 2022 Pavement Rehabilitation Project
March 24, 2025

1. On September 12, 2022, the City Council authorized Agreement with Cannon Corporation for design services (i.e. design phase) in an amount not-to-exceed $611,028.

2. On January 23, 2023, the City Council authorized an amendment to the Agreement with Cannon Corporation for an amended value not-to-exceed $648,300.

3. On July 24, 2023, the City Council authorized another amendment to the Agreement with Cannon Corporation for an amended value not-to-exceed $672,842.

4. On April 8, 2024, the City Council approved a total amount of $5,949,831 for the following construction phase appropriations:

Construction Contract: Toro Enterprises, Inc. for $5,416,217 Construction Contingency: $135,504
Agreement: Flippin Engineering (construction management and inspection) for $311,320
Agreement: Cotton Shires and Associates (acceptance/materials testing) for $86,790

5. On October 14, 2024, the City Council approved an additional budget appropriation in the amount of $402,564 from the Local Surface Transportation Program funds towards the construction phase.

The total amount of said appropriations for the project budget is $6,729,650. During the routine accounts payable process, staff found an accounting input error in the project budget, which showed $6,479,650 instead of $6,729,650. This equates to a net un-appropriated amount of $250,000. As of March 1, 2025, project expenditures total $6,353,923. The Public Works Department reports all aforementioned vendors expended within their contractually agreed upon budgets.

With that, staff recommends that the City Council to approve a budget appropriation in the amount of $250,000 as a retroactive correction of the accounting input error to reflect a project budget of $6,729,650. The correction would ensure all final payments to the vendors are made, once these final payments are made the total project expenditures will match the total project cost listed in Table 2 ($6,729,650). The appropriation will use $115,000 from Street and Thoroughfare (development impact fees) and $135,000 from Measure X Funds.

POLICY CONSISTENCY
The recommendation may be found consistent with the following objectives and policies of the General Plan and Local Coastal Plan:

Circulation Element
Closeout of the 2022 Pavement Rehabilitation Project
March 24, 2025

Objective C-3: Provide a balanced transportation network with consistent designations and standards for roadways that will provide for the safe and efficient movement of goods and people through the community.

Policies:

C-3g. Establish programs that monitor and effectuate improvements on roadways as the need arises.

C-3j. Develop a prioritized Capital Improvement Program directed at roadway improvements.

Pursuant to the Capital Improvement Plan Study Session on March 19, 2024, the projects as critical infrastructure.

FINANCIAL CONSIDERATIONS
A $250,000 increase to the FY 2024/25 Capital Improvements Fund (Expense Account No. 301-403-5780) is proposed for Project ST-22-001. Additionally, a $135,000 transfer from the Measure X Fund (Expense Account No. 104-999-5911) to the Capital Improvement Fund (Revenue Account No. 301-999-4918) is planned. Following these adjustments, the remaining balance in the Measure X Fund would be $654,774.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
In accordance with the contract documents, the Closeout Agreement and Release of Claims are required for the projects to be closed out.

OPTIONS

1. Authorize the Mayor to sign the Closeout Agreement and Release of Claims for the 2022 Pavement Rehabilitation Project with Toro Enterprises, Inc.; authorize the City Manager to release the construction contract bonds after one year of acceptance of the work by the City in accordance with the warranty required by the construction contract; and approve a budget appropriation in the amount of $250,000 to the Capital Improvements Fund. (Staff Recommendation)

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

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

Closeout of the 2022 Pavement Rehabilitation Project
March 24, 2025

ATTACHMENTS
Attachment A: Location Map
Attachment B: Closeout Agreement and Release of Claims
Staff contact:

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
Location Map

ATTACHMENT B
Closeout Agreement and Release of Claims

CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS
THIS AGREEMENT AND RELEASE OF CLAIMS (Agreement) is made in Carpinteria, California, this 24th day of March, 2025, by and between the City of Carpinteria, (Owner), and Toro Enterprises, Inc. (Contractor).

KNOW ALL PERSONS BY THESE PRESENTS:

1. That the undersigned, as the authorized representative of Contractor, and for each of its successors, assigns and partners, for and in consideration of Five Million Four Hundred Sixteen Thousand Two Hundred Seventeen Dollars and Zero Cents ($5,416,217.00), for the original Contract amount, and the sum of One Hundred Twenty-One Thousand Six Hundred Sixty-Four Dollars and Two Cents ($121,664.02) for Contract Change Order Nos. 1 through 6, receipt of which is acknowledged, does release and forever discharge Owner, and each of its successors, assigns, council members, officers, agents, servants, volunteers and employees, from any and all rights, claims, causes of action, demands, debts, obligations, liabilities, actions, damages, costs and expenses (includ
expenses) and other claims, which may be asserted against Owner by reason of any matter or thing which was the subject matter of or basis for:

A. The performance of all terms and conditions of that certain agreement dated April 8, 2024, for Owner, project described as 2022 Pavement Rehabilitation Project.

B. Contract Change Order Nos. 1 through 6, as approved by the parties, dated October 15, 2024; October 15, 2024; December 16, 2024; December 17, 2024; December 19, 2024; and February 19, 2025; respectively.

2. Nothing contained in this Agreement shall waive or alter the rights, privileges, and powers of Owner or the duties, liabilities and obligations of Contractor and its surety(ies) in respect to any portion of the Contract.

3. Owner has received the following claims from Contractor: None. Except as expressly provided in this section, Owner has received no other claims from Contractor.

4. Upon execution of this Agreement, Owner agrees to promptly record a Notice of Completion with the Santa Barbara County Recorder.

5. Contractor and Owner agree that the total adjusted Contract Price and time of performance after the execution of change orders, is as follows:

Original Contract Price $5,416,217.00
Original Working Days 120 days
Adjusted Contract Price $5,537,881.02
Adjusted Working Days 159 days

6. The current amount owing to Contractor is:

Adjusted Contract Price: $5,537,881.02
Less: Amount Previously Paid
(Request Nos. 1 through 8) $(5,260,986.97)
Retention $(276,894.05)
BALANCE: $0.00
The retention will be released to Contractor at the expiration of thirty-five (35) calendar days after the date of recording a Notice of Completion with the Santa Barbara County Recorder or when all stop notices have been released, whichever last occurs. The release provided pursuant to this Agreement shall not apply to Contractor's right to the retention amount until and to the extent such amounts are received by Contractor.

7. It is understood and agreed by Contractor that the facts with respect to which the release provided pursuant to this Agreement is given may turn out to be other than or different from the facts as now known or believed to be, and Contractor expressly assumes the risk of the facts turning out to be different than they now appear, and agrees that the release provided pursuant to this Agreement shall be, in all respects, effective and not subject to termination or rescission by any such difference in facts and Contractor expressly waives any and all rights it has or may have under California Civil Code Section 1542, which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the Release which if known by it must have materially affected its settlement with the debtor."

8. The release made by Contractor is not to be construed as an admission or admissions of liability and Contractor denies any such liability. Contractor agrees that it will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against Owner based on, arising out of, or in any way connected with the subject matter of this release.

9. Except as specifically provided in this Agreement, the Contractor releases Owner from all claims, including but not limited to those of its Subcontractors for all delay and impact costs, if any.

10. The Contractor represents and warrants to Owner that Contractor has not assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims and Contractor agrees to indemnify and hold harmless Owner, its successors, assigns, council members, officers, agents, servants, volunteers and employees, from and against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses xpenses
arising out of or connected with any such assignment or transfer or purported assignment or transfer.

11. The parties acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Agreement. The parties acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained in this Agreement.

12. The persons executing this Agreement represent and warrant to the other party that the execution and performance of the terms of this Agreement have been duly authorized by all individual, corporate, partnership, or other entity requirements and that such persons have the right, power, legal capacity and authority to execute and enter into this Agreement.

13. The parties further acknowledge and represent that no promise, inducement or agreement, not expressed in this Agreement, have been made and that, with respect to the matters considered, this Agreement contains the entire agreement among the parties and that the terms of the Agreement are contractual and not a mere recital.

APPROVED AS TO FORM: CITY OF CARPINTERIA
a Municipal Corporation
By
Jena Shoaf Acos, on behalf of Brownstein Hyatt Mayor
Farber Schreck, LLP acting as City Attorney of
the City of Carpinteria

APPROVED AS TO CONTENT: CONTRACTOR
By
John L. Ilasin, City Engineer

Title
ATTEST:

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

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Approval of the Amended Agreement between the City of Carpinteria and South Coast Community Media Access Center (dba TV Santa Barbara).

STAFF RECOMMENDATION
Authorize the City Manager to Approve the Amended Agreement between the City of Carpinteria and South Coast Community Media Access Center.

Sample Motion: I move to authorize the City Manager to sign the Amended Agreement between the City of Carpinteria and South Coast Community Media Access Center. (This motion requires a roll call vote.)

BACKGROUND
involvement with public access television began in 1981 with ,
and continued in 1985 with the establishment of the Public Access Advisory Committee (PAAC). During this time and through 2003, Public and Educational Access programming was managed by Cox Communications.

In 2001, Santa Barbara County staff recommended that Public and Educational Access television would be best served by a non-profit organization. After much discussion and planning by the PAAC members, the Community Media Access Cetner (CMAC) was officially established on January 1, 2003. CMAC is responsible for the operation of both Public Access (Channel 17) and Educational Access (Channel 71) in the cable franchise areas served by Cox Communications. In addition to programming, CMAC provides Carpinteria residents with access to equipment and studio space that can be used for community-based programming.

In November 2004, the City entered into an agreement with CMAC, which expired in October 2018. The second agreement was executed in August 2019 and expired in August 2022. On March 25, 2024, the City Council approved a successor Agreement between the City and CMAC, including the additional requests of broadcasting the Agenda Section: Administrative Matters
Agenda Item No.: 14
Council Meeting Date: March 24, 2025
CMAC Amended Agreement
March 24, 2025

Architectural Review Board meetings on GATV, Granicus, and Zoom as well as adding Zoom broadcast to Planning Commission meetings.

The purpose of this agenda matter is for the Council to consider authorizing the City Manager to approve an amended and extended Agreement between the City and CMAC.

DISCUSSION
Key terms and changes to the amended agreement include:

City standard template agreement terms.

Revising and simplifying the term of the Agreement to conclude on June 30, 2027 with an option to extend for up to two (2) one-year terms .

Annual agreement price: Not-to-exceed $65,000 ($15,000 flat fee and $85 per hour per employee for an additional not-to-exceed $50,000)
Remove hourly-rate increase on April 1, 2027: Amended agreement will propose language allowing both parties to meet in good faith and negotiate any adjustments to the compensation rates and/or other relevant terms prior to the expiration of the Initial Term or any Extension Term.

POLICY CONSISTENCY
The proposed agreement with TVSB is
quitable and shall encourage, to
the fullest extent possible, public participation in the decisionThe agreement is also consistent with the adopted Primary Goal #1 (Enhance public outreach, education and transparency) from the Fiscal Year 2024-25 Annual Work Plan.

FINANCIAL CONSIDERATIONS
No Additional Funding Requested. There is sufficient budget in 217-161-5201 [Professional Services] for services for the remainder of this fiscal year.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
amended & extended agreement.

CMAC Amended Agreement
March 24, 2025

OPTIONS

1. Authorize the City Manager to Approve the Amended Agreement between the City of Carpinteria and South Coast Community Media Access Center. (Staff recommendation)

2. Do not Authorize the City Manager to Approve the Amended Agreement between the City of Carpinteria and South Coast Community Media Access Center and direct staff as appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
None

ATTACHMENTS
None
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
32993029.2
City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Adoption of an Electronic Signature Policy.

STAFF RECOMMENDATION
Adopt Resolution No. 6374, establishing an Electronic Signature Policy.

Sample Motion: I move to adopt Resolution No. 6374, as read by title only.

BACKGROUND
In 1995, the California Legislature enacted Government Code Section 16.5, authorizing public entities to accept digital signatures, provided they meet specific verification standards. Four years later, in 1999, California adopted its version of the Uniform Electronic Transactions Act (UETA) (California Civil Code Sections 1633.1 to 1633.17), ensuring that electronic signatures would hold the same legal weight as traditional wet or manual signatures. In August 2016, Governor Brown signed AB 2296 into law, clarifying that both electronic and digital signatures could be used by state and local agencies, and that a digital signature, as defined in Government Code Section 16.5, is a type of electronic signature.

An electronic signature is defined as an electronic mark, sound, or process that is logically linked to an electronic record and executed or adopted by a person with the intent to sign the record. A scanned signature is an example of an electronic signature. A digital signature, which is a specific type of electronic signature, is defined as an electronic identifier created by a computer, with the intention of providing the same legal effect as a manual signature. Examples of digital signatures include those input through an Electronic Signature Service Provider (such as Adobe Sign or DocuSign), which typically include details like the date/time of signing and authentication information (such as the The City is looking to streamline its document-signing process with external partners to enhance productivity and reduce resource usage. Digital signatures will be used for most contracts that do not require notarization, which represents the majority of t executed contracts.

Agenda Section: Administrative Matters
Agenda Item No.: 15
Council Meeting Date: March 24, 2025
32993029.2
Electronic Signature Policy
March 24, 2025

The purpose of this agenda matter is for the Council to consider adopting Resolution No.

DISCUSSION
may affix a signature using a digital signature that meets the requirements outlined in this signature,
provided it satisfies the following conditions:

1. It is unique to the individual using it;

2. It is capable of being verified;

3. It is solely controlled by the person using it;

4. It is linked to data in such a way that any changes to the data invalidate the digital signature; and

5. It complies with the regulations set by the Secretary of State.

Additionally, Government Code Section 16.5 specifies that the use or acceptance of a digital signature is optional for the parties involved in a transaction, and nothing in the law mandates a public entity to use or accept documents containing a digital signature.

The proposed policy provided as Exhibit 1 to Attachment A, defines electronic and digital signatures and outlines which City documents can be signed electronically or digitally, processing of City documents, as permitted by law, assuming the City signer has been authorized to sign in accordance with the City Council, City policy, or relevant law. The City Manager has the discretion to approve the use of electronic signatures. If there is uncertainty regarding the use of electronic signatures under applicable laws, departments may consult with the City Clerk and City Attorney for guidance.

The City Manager or City Clerk, in consultation with the City Attorney, has the authority to create and amend administrative policies and procedures as necessary to implement this policy. Regular reviews will be conducted to ensure the continued relevance and applicability of electronic signatures.

POLICY CONSISTENCY
The
Plan, specifically Primary Goal #1
an Electronic Records Management Program, the policy will improve access to City records for both the public and staff.
32993029.2
Electronic Signature Policy
March 24, 2025

FINANCIAL CONSIDERATIONS
No Additional Funding Requested. Minimal staff time to prepare the report is included in the Adopted FY 2024-25 General Fund Budget. The City currently has Adobe Acrobat Sign to use for digital signatures once this Policy is adopted. Should the City wish to purchase another electronic signature service provider, such as DocuSign, staff would include the purchase in the Fiscal Year 2025-26 Budget.

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

OPTIONS

1. Adopt Resolution No. 6374, establishing an Electronic Signature Policy.

2. Decline to adopt Resolution No. 6374 and direct staff as appropriate.

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

ATTACHMENTS
A. Resolution No. 6374
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
32993029.2

ATTACHMENT A
Resolution No. 6374
32993168.1
RESOLUTION NO. 6374

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA ESTABLISHING AN ELECTRONIC SIGNATURE

POLICY FOR SELECT CITY DOCUMENTS
WHEREAS, electronic signatures have become increasingly common in public and private transactions; and
WHEREAS, California Government Code Section 16.5 expressly authorizes municipalities to use electronic signatures with appropriate security standards in place; and
WHEREAS, codified as
; and
WHEREAS, the technology implemented by the City for digital and electronic signatures will be in compliance with State law and the digital and electronic signature regulations set forth by the California Secretary of State; and WHEREAS, using appropriate electronic signature technology would allow the City to collect and preserve signatures on documents quickly, securely, and efficiently, and also reduce the use of paper, facilitate document retention, and generally contribute to a sound City-wide records management system; and
WHEREAS, electronic signatures vary in their level of security, user-friendliness, and verifiability, the conditions under which they are accepted for public records are a governmental affair for the City to determine and for which the City may set policy; and WHEREAS, the City seeks to provide its residents, businesses, vendors, and contractors the opportunity to submit information or transact business with the City electronically to the greatest extent practicable.

NOW, THEREFORE, BE IT RESOLVED as follows:

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

SECTION 2. The Carpinteria City Council hereby resolves that Electronic Signature Policy, attached as Exhibit 1 to this resolution, is hereby adopted. 32993168.1
Resolution No. 6374

PASSED, APPROVED AND ADOPTED on the 24th 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 24, 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
32993168.1
EXHIBIT 1 TO RESOLUTION NO. 6374

City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Proposition 218 Protest Hearing for Proposed 5% Increase to City of Carpinteria’s (“City”) Solid Waste AB 939 Program (“Solid Waste Program”) fee (“AB 939 Fee”)

STAFF RECOMMENDATION

1. Conduct a public hearing to accept both written and verbal protests submitted in response to the City’s proposed 5% increase to its AB 939 Fee, track the number of protests, and, if the number of written protests received does not constitute a majority, make a finding that there is not a majority protest and that the Council can approve the proposed increase.

2. Approve and adopt Resolution No. 6371 titled “Increasing the AB 939 Fee and Amending and Restating the Amended and Restated Franchise Agreement for Solid Waste Handling Services Between the City of Carpinteria and E.J. Harrison & Sons, Inc. to Reflect This Change.”
Sample Motion: I move to approve Resolution No. 6371, as read by title only. (motion requires a 4/5th roll call vote)

BACKGROUND
Since 1993, the City of Carpinteria has contracted with E.J. Harrison & Sons, Inc. (“Harrison”), pursuant to a franchise agreement for solid waste handling services. In addition to regular solid waste handling services such as trash, recycling, and organic waste, the City’s franchise agreement includes local programs such as the annual household goods disposal day, bulky item pickups for all residences, servicing public battery drop-off locations, and a free sharps container mail back program.

On May 23, 2022, the City Council adopted Resolution No. 6131, authorizing execution of a revised Franchise Agreement for Solid Waste Handling Services (“Franchise Agreement”), which incorporated expanded organic waste disposal programs, assistance meeting procurement targets related to Senate Bill (“SB”) 1383, and incorporated bulky item pickup for multifamily residential properties. On June 10, 2024, the City Council Agenda Section: Public Hearing
Agenda Item No.: 16
Council Meeting Date: March 24, 2025
Solid Waste Maximum Rates
March 24, 2025

adopted Resolution No. 6324, authorizing execution of an Amended and Restated Franchise Agreement for Solid Waste Handling Services Between the City of Carpinteria and E.J. Harrison & Sons, Inc. (“Amended and Restated Franchise Agreement”), to incorporate new multi-family maximum rates, strengthen enforcement language, and remove an exception for service to California State Parks.

Pursuant to the terms of the Amended and Restated Franchise Agreement, Harrison collects a Solid Waste AB 939 Program (“Solid Waste Program”) fee (“AB 939 Fee”) to cover expenses directly related to the City’s administration of its Solid Waste Program. 1 The City’s expenses for implementing its Solid Waste Program have increased in recent years, resulting in the City’s subsidization of this program.

The purpose of this agenda item is for the City Council to hold a public hearing to consider the proposed increase to the AB 939 Fee to offset the City’s increased costs to administer its Solid Waste Program. Additionally, the City Council will consider adopting Resolution No. 6371, titled “Increasing the AB 939 Fee and Amending and Restating the Amended and Restated Franchise Agreement for Solid Waste Handling Services Between the City of Carpinteria and E.J. Harrison & Sons, Inc. to Reflect This Change”, which is included as Attachment B.

To authorize Harrison to collect this increased AB 939 Fee, the City must further amend the Amended and Restated Franchise Agreement. Additionally, because Harrison is proposing to collect the increased AB 939 Fee as a portion of their service rates, there will be a corresponding increase to Harrison’s Maximum Rates. 2 This change to the
Maximum Rates will be automatic since the AB 939 Fee is a governmental fee and the Maximum Rates are only being increased to cover the proposed AB 939 Fee. (See Amended and Restated Franchise Agreement, Art. 12.4.)
In compliance with Article XIIID of the California Constitution, public notice of the time and place of the hearing, as well as reason for the proposed increase to the AB 939 Fee, was mailed out to all customers and/or the property owners of record receiving solid waste hauling services (“Notice”). A copy of this Notice is attached as Attachment B. At the hearing, the City Council will consider all written and oral comments received; however, only written protests will be included in the official tabulation of protests. If protests against the rate increase are not received from a majority, then the City Council is authorized to impose the proposed AB 939 Fee increase. At the time of publishing of this staff report, 1 Assembly Bill (AB) 939, also known as the lntegrated Waste Management Act, (Pub. Res. Code section 40000, et seq.) (“AB 939”), was enacted in 1989 with the goal of reducing the amount of material that is deposited in landfills. To accomplish this goal, AB 939 created waste diversion mandates, established permitting and enforcement mechanisms, and authorized local jurisdictions to impose fees to establish, implement, and administer solid waste programs.
2 AB 939 Fees are calculated as a percentage of gross receipts and are collected by Harrison and passed on to the City to fund operation of the City’s Solid Waste Program. These payments are remitted to the City on a quarterly basis.

Solid Waste Maximum Rates
March 24, 2025

the City had not received any written protests. If the City Council votes to approve the proposed AB 939 Fee increase, the increase would be effective on May 1, 2025. 3 DISCUSSION
Solid Waste Program Expenditures
AB 939 Fees support operation of the City’s Solid Waste Program, including regulatory compliance with State requirements such as SB 1383. AB 939 Fees also currently fund:
• Operation of the City’s street sweeping program;
• Maintenance and replacement of public waste receptacles; • Expanded hazardous materials disposal services for residents; • Increased community outreach to help residents and businesses comply with new regulations
4 ;
• City-run events, including community cleanups, composting workshops and giveaways, and fix-it fairs; and
• Staff time to manage and improve the above programs.

AB 939 Fees are currently set at 8% of gross receipts for all residential customers and 6% of gross receipts for all commercial customers (Amended and Restated Franchise Agreement, Arts. 12.2.) In 2024, the City collected approximately $280,000 in AB 939 Fee revenue. The proposed 5% increase to AB 939 Fees is projected to generate approximately $263,000 for fiscal year (“FY”) 2025-2026, all of which would be transmitted to the City and dedicated to the administration of the City’s Solid Waste Program.5
As noted above, the City’s expenses for implementing its Solid Waste Program have increased over the past several years. These increases in costs, without corresponding increases in AB 939 Fee revenue, have resulted in City’s subsidization of its Solid Waste Program of between $175,000 to $200,000 each year since FY 2023/2024. Without the increased revenue from an AB 939 fee increase, this subsidy is expected to increase annually due to new regulatory requirements and the associated cost to implement them.

To address this deficiency in AB 939 Fee revenue to cover the costs of the City’s Solid Waste Program, the City is proposing a 5% increase to its AB 939 Fee. If the City Council approves this proposed increase, AB 939 Fees will be set at 11% for commercial customers and 13% for residential customers. The impact to residential and commercial customers is shown in Table 1 of select residential and commercial rates. By adopting Resolution No. 6371, attached as Attachment A, the increased rates would be effective 3 Pursuant to the Amended and Restated Franchise Agreement, Harrison is required to provide a minimum of 15 days written notice to all customers of changes to the Maximum Rate. (See Amended and Restated Franchise Agreement, Art. 12.4.)
4 https://carpinteriaca.gov/public-works/sustainability-and-environment-division/solid-wasteprogram/recycling-guidelines/ 5 This figure does not include any increase that Harrison may request for FY 2025-2026.

Solid Waste Maximum Rates
March 24, 2025

May 1, 2025. A copy of the Second Amended and Restated Franchise Agreement, incorporating the proposed AB 939 Fee increase is attached to Resolution No. 6371 as Exhibit 1. The Second Amended and Restated Franchise Agreement includes an updated maximum rate schedule, as shown in Exhibit B of the agreement.

Table 1. Maximum Rates Effective May 1, 2025
Types Description Current
Rate
Proposed
Rate (5%
increase)
Minimum
Service
32 gallon trash, 96 gallon recycle, 96 gallon
organics $35.02 $36.77
Basic Service 64 gallon trash, 96 gallon recycle, 96 gallon organics $38.28 $40.19
High Volume 96 gallon trash, 96 gallon recycle, 96 gallon organics $58.70 $61.64
Bin Service 3 cubic yard bin, 96 gallon recycle, 96 gallon organics $277.22 $291.08
The City’s solid waste customers have historically benefitted from lower service rates than those of customers in nearby jurisdictions. As shown in Table 2, service rates within the City remain competitive compared to neighboring jurisdictions even with the proposed 5% increase in AB 939 Fees.

Table 2: Neighboring Jurisdictions Solid Waste Rate Comparison Jurisdiction Base Rate for 64-gallon Service
City of Carpinteria $40.19 (proposed maximum rate)
City of Goleta $43.97
County of Santa Barbara $62.86
County of Ventura $41.24
The proposed amendments detailed above were presented to the City’s Sustainability Subcommittee on May 14, 2024, and May 28, 2024. Following their consideration, the Sustainability Subcommittee recommended City staff bring this matter before the City Council for approval.

POLICY CONSISTENCY
Increasing AB 939 Fees to recover the City’s costs of operating its Solid Waste Program is consistent with the City’s Annual Work Plan Primary Goal #3: Take Steps to Address the Fiscal Sustainability of the City.

The recommendations are also consistent with the solid waste management objectives and policies in the Public Facilities and Services Element of the General Plan and Local Solid Waste Maximum Rates
March 24, 2025

Coastal Plan, and both the Sustainable Community Policy and the Environmentally Preferable Purchasing Policy.

FINANCIAL CONSIDERATIONS
While the cost to implement new regulations and other programs has risen over time, the number of customers has remained relatively low. Because solid waste fees are tied to the number of customers, this has resulted in requiring subsidies operation of its Solid Waste Program from other funding sources. For FY 2025-2026, the proposed 5% increase to AB 939 Fees is projected to generate approximately an additional $263,000 for a total of $543,000, all of which would be transmitted to the City and dedicated to the administration of Solid Waste Program.6

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City is complying with Proposition 218 in increasing its AB 939 Program Fee. The

OPTIONS

1. Approve and adopt Resolution No. 6371 (Staff recommendation).

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

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
Attachment A: Resolution No. 6371
Exhibit 1: Second Amended and Restated Franchise
Agreement
Attachment B: Notice
Staff contact:

Erin Maker, Environmental Program Manager
(805) 880.3415, [email protected]

Signature

6 This figure does not include any increase that Harrison may request for FY 2025-2026.

Solid Waste Maximum Rates
March 24, 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
Resolution No. 6371
RESOLUTION NO. 6371

A RESOLUTION OF THE CITY OF CARPINTERIA CITY COUNCIL INCREASING THE SOLID WASTE AB 939 PROGRAM FEE AND AMENDING AND RESTATING

THE AMENDED AND RESTATED FRANCHISE AGREEMENT FOR SOLID WASTE HANDLING SERVICES BETWEEN THE CITY OF CARPINTERIA AND E.J.

HARRISON & SONS, INC. TO REFLECT THIS CHANGE.

WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to protect the public health and safety by taking measures in furtherance of their authority over police and sanitary matters; and
WHEREAS, in 1989 the California State Legislature passed Assembly Bill (“AB”) 939, which enacted the California Integrated Waste Management Act of 1989 (Pub.

Res. Code § 4000, et seq.) (the “Act”); and
WHEREAS, the Act was enacted with the goal of reducing the amount of material that is deposited in landfills; and
WHEREAS, to accomplish this goal, the Act created waste diversion mandates, established permitting and enforcement mechanisms, and authorized local jurisdictions to impose fees to establish, implement, and administer solid waste programs; and WHEREAS, Chapter 8.08 of Title 8 of the Carpinteria Municipal Code (“CMC”) implements Article XI, Section 7 of the California Constitution and the Act; and WHEREAS, City of Carpinteria (“City”) adopted Resolution No. 6131 on May 23, 2022, granting E.J. Harrison & Sons, Inc. (“Harrison”) an exclusive franchise to provide solid waste hauling services within City boundaries, effective July 1, 2022 (“Franchise Agreement”); and
WHEREAS, City adopted Resolution No. 6324 on June 10, 2024, amending and restating the Franchise Agreement, effective July 1, 2024 (“Amended and Restated Franchise Agreement”); and
WHEREAS, In compliance with the Act, the City has operated a solid waste program (“Solid Waste Program”) for decades; and
WHEREAS, Public Resources Code Section 41901 authorizes the City to impose fees to cover the costs related to administration and implementation of its Solid Waste Program; and
WHEREAS, Consistent with the terms of the Amended and Restated Agreement, Harrison currently collects a solid waste program fee (“AB 939 Fee”) that it passes on to the City to fund the City’s operation of its Solid Waste Program; and Resolution No. 6371

WHEREAS, the City’s AB 939 Fee is calculated as a percentage of Harrison’s gross receipts and currently set at 8% of gross receipts for residential customers and 6% of gross receipts for commercial customers; and
WHEREAS, over the past several years, City’s expenses for implementing its Solid Waste Program have increased; and
WHEREAS, these increases in costs have outpaced the City’s AB 939 Fee revenue and forced the City to subsidize the costs of implementing its Solid Waste Program in amounts between $175,000 and $200,000 annually since fiscal year 2023/2024; and
WHEREAS, without an increase in revenues from AB 939 Fees, the City expects this subsidy to increase annually due to new regulatory requirements and the associated cost to implement them; and
WHEREAS, to address this deficiency in AB 939 Fee revenue to cover the costs of the City’s Solid Waste Program, the City is proposing a 5% increase to its AB 939 Fee; and
WHEREAS, the City has opted to comply with Proposition 218 in the interest of transparency, and without conceding the applicability of Article XIII D of the California Constitution, (“Proposition 218”) to AB 939 Fees or privately provided solid waste service; and
WHEREAS, California law requires certain changes to property-related fees be adopted or approved in accordance with the procedures and substantive requirements outlined in Proposition 218; and
WHEREAS, in conformity with law, notice of the time and place of the hearing, as well as reason for the proposed increase to the AB 933 Fee, was mailed out to all customers and/or the property owners of record within the City receiving solid waste hauling services (“Notice”); and
WHEREAS, pursuant to the Notice, the City Council set 5:30 pm on Monday, March 24, 2025 at City Hall as the time and place for a public hearing to hear public testimony and any protests to the City’s proposed increase of its AB 939 Fee; and WHEREAS, the public hearing was duly convened by the City Council at the time and place indicated in the Notice and all public testimony and protests to the proposed AB 939 Fee increase received by the City Clerk were presented to the Council; and
WHEREAS, the City Council duly heard all interested persons desiring to be heard and duly considered all public testimony and protests; and Resolution No. 6371

WHEREAS, the City Council may not impose the proposed AB 939 Fee increase if written protests are presented by a majority; and
WHEREAS, as of March 20, 2025, no protests had been received; and WHEREAS, if the Council votes to approve the proposed increase, the City must amend the Amended and Restated Agreement to authorize Harrison to collect the increased AB 939 Fee; and
WHEREAS, because (as is consistent with their current practice) Harrison proposes to collect the increased AB 939 Fee as a portion of their service rates, approval of the proposed increase will result in a corresponding increase to Harrison’s maximum rates, as set forth in Exhibit B to the Amended and Restated Agreement; and WHEREAS, the proposed changes to the maximum rates are solely due to the City’s increased AB 939 Fee; and
WHEREAS, the Amended and Restated Agreement characterizes AB 939 Fees as governmental fees; and
WHEREAS, as a result, if the Council votes to approve the proposed increase, this change to Harrison’s maximum rates will be automatic; and WHEREAS, even taking into account the proposed increase in AB 939 Fees, Harrison’s service rates will remain among the lowest in the Central Coast region; and WHEREAS, Harrison’s maximum rates remain subject to existing annual rate escalation formulas and procedures, including an annual Consumer Price Index adjustment not to exceed 4%, as described in Section 12.3 of the Amended and Restated Agreement; and
WHEREAS, this Second Amended and Restated Franchise Agreement, does not instruct Harrison on its collection methods nor supervise the collection of solid waste.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The above recitals are true and correct and are hereby incorporated.

SECTION 2. The City Council has determined that it is in the best interest of the public health, safety and well-being of the City and its residents to enter into this Second Amended and Restated Franchise Agreement.

SECTION 3. The City Council hereby makes the following findings:

Resolution No. 6371

1. Notice was mailed to all customers and/or the property owners of record within the City receiving solid waste hauling services in the time, form, and manner required by law.

2. At the time of the close of the public hearing, written protests against the proposed Solid Waste Program fee had not been filed by a majority.

3. In accordance with Article XIIID, Section 6, of the California Constitution, the amount of the AB 939 Fee charged to each parcel are maximums and do not exceed the proportional cost of providing the Solid Waste Program services to such parcel, the revenues derived from the AB 939 Fee do not exceed the funds required to provide the Solid Waste Program services, and all of the funds collected from the AB 939 Fee will be used to provide Solid Waste Program services.

4. Additionally, in accordance with Article XIIIC, section 1, of the California Constitution, the amount of the proposed AB 939 Fee is no greater than necessary to cover the reasonable costs of the Solid Waste Program and the manner in which the costs are allocated to a payor bear a fair and reasonable relationship to the payor’s respective benefits received from the Solid Waste Program.

SECTION 4. In no event shall the AB 939 Fee collected exceed the proportional share attributable to each payor and/or cost of service attributable to each parcel.

SECTION 5. The City Council approves the proposed 5% AB 939 Fee increase.

SECTION 6. The Second Amended and Restated Franchise Agreement is hereby approved and adopted as set forth in Exhibit 1 to this Resolution. By the Second Amended and Restated Franchise Agreement, Harrison shall be authorized to collect the proposed AB 939 Fee increase as a part of their service rates. Harrison’s maximum service rates shall be automatically adjusted as shown in Exhibit B to the Second Amended and Restated Franchise Agreement attached as Exhibit 1.

SECTION 7. Said Second Amended and Restated Franchise Agreement shall be effective May 1, 2025.

PASSED, APPROVED AND ADOPTED on March 24, 2025, by the following vote:

Resolution No. 6371

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 24, 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. 6371
Second Amended and Restated Franchise Agreement for Solid Waste Handling Services
Between City of Carpinteria and E.J. Harrison & Sons, Inc. 33055054.1

SECOND AMENDED AND RESTATED

FRANCHISE AGREEMENT

FOR SOLID WASTE HANDLING

SERVICES

BETWEEN

CITY OF CARPINTERIA
AND
E.J. HARRISON & SONS, INC.

CITY OF CARPINTERIA
May 2024
Franchise Agreement Effective Date: July 1, 2022
Amended and Restated Franchise Agreement Effective Date: July 1, 2024 Second Amended and Restated Franchise Agreement Effective Date: May 1, 2025
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TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS AND CONTRACT INTERPRETATION .......................1 Section 1.1 Definitions.....................................................................................1 Section 1.2 Interpretation. ...............................................................................1

1.2.1 Conflict of Definitions. .....................................................................1

1.2.2 Gender...............................................................................................1

1.2.3 Headings, Font. ................................................................................1

1.2.4 References to this Agreement.........................................................1

1.2.5 Specific Not Limitation on Generalities. .........................................1

1.2.6 Inconsistent or Conflicting Terms...................................................1 Section 2.1 Binding Agreement.......................................................................2 Section 2.2 Grant of Franchise; Scope. ..........................................................2

2.2.1 Exclusive Franchise. ........................................................................2

2.2.2 Franchise for Access to and Use of City Property.........................2 Section 2.3 Limitations on Scope of Exclusive Franchise. ...........................2

2.3.1 Contractor Approval Not Required..................................................2 Section 2.4 Enforcement of Exclusivity..........................................................3

2.4.1 Enforcement by Contractor. ............................................................3

2.4.2 Enforcement by City.........................................................................3 Section 2.5 Boundary Changes.......................................................................3 ARTICLE 3 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR AND CITY...................................................................................................4 Section 3.1 Contractor Representations and Warranties. .............................4

3.1.1 Corporate Status. .............................................................................4

3.1.2 Corporate Authorization. .................................................................4

3.1.3 Agreement Duly Executed. ..............................................................4

3.1.4 No Conflict with Applicable Law or Other Documents. .................4

3.1.5 No Litigation. ....................................................................................4

3.1.6 Financial Condition. .........................................................................5

3.1.7 Insurance and Bonds. ......................................................................5

3.1.8 Ability to Perform. ............................................................................5

3.1.9 Contractor’s Investigation. ..............................................................5

3.1.10 Statements and Information Submitted by Contractor. .................5 Section 3.2 City Representations and Warranties. ........................................5

3.2.1 City Status.........................................................................................5

3.2.2 City Authorization.............................................................................6

3.2.3 Agreement Duly Executed. ..............................................................6 ARTICLE 4 EFFECTIVE DATE AND TERM .........................................................6 Section 4.1. Effective Date of Agreement. .......................................................6 ii | P a g e
Section 4.2 Conditions to Effectiveness of Agreement.................................6

4.2.1 Accuracy of Representation. ...........................................................6

4.2.2 Absence of Litigation. ......................................................................6

4.2.3 Effectiveness of City Council Action. .............................................6 Section 4.3 Notice of Failure to Satisfy Condition. ........................................6 Section 4.4 Term. .............................................................................................7 Section 4.5 Extension of Term. .......................................................................7

4.5.1 Satisfactory Performance. ...............................................................7

4.5.2 Diversion Compliance......................................................................7

4.5.3 Customer Satisfaction......................................................................7

4.5.4 Timely Payment of Fees...................................................................7

4.5.5 No Transfer. ......................................................................................7 Section 4.6 Survival of Certain Provisions.....................................................8 ARTICLE 5 FRANCHISED SERVICES.................................................................8 Section 5.1 General..........................................................................................8 Section 5.2 Single Family Dwelling (SFD) Residential Cart Collection.........8

5.2.1 SFD Solid Waste Cart Service. ........................................................8

5.2.2 SFD Recyclables Cart Service.........................................................9

5.2.3 SFD Organic Waste Cart Service.....................................................9

5.2.4 SFD Backyard Cart Service/Pull-out or Valet Service....................9 Section 5.3 Multi-Family Dwellings (MFD) Residential Cart Collection. .....10

5.3.1 MFD Solid Waste Cart Service.......................................................10

5.3.2 MFD Recyclables Cart Service. .....................................................10

5.3.3 MFD Organic Waste Cart Service. .................................................10 Section 5.4. Additional Residential Cart Services.........................................11

5.4.1 Go-Back Service.............................................................................11 Section 5.5 Residential Bin Collection Services – Single-Family Dwellings . ....................................................................................................11

5.5.1 SFD Solid Waste, Recyclables and Organic Waste Bin Service. 11 Section 5.6 Residential Bin Collection Services – Multi-Family Dwellings.11

5.6.1 MFD Solid Waste Bin Service. .......................................................11

5.6.3 MFD Organic Waste Bin Service. ..................................................12 Section 5.7 Additional Residential Bin Services..........................................12

5.7.1 Padlock Rental and Padlock or Bar Lock Installation Service. ...12

5.7.2 Overloaded Bin Collection Service. ..............................................12

5.7.3 Bin Steam Cleaning Services. .......................................................12 Section 5.8 Additional Residential Collection Services...............................13

5.8.1 Bulky Items Collection. ..................................................................13

5.8.2 Electronic Waste.............................................................................13

5.8.3 Holiday (Christmas) Trees Collection. ..........................................13

5.8.4 Household Battery Collection........................................................13 iii | P a g e

5.8.5 Sharps Waste Collection................................................................14

5.8.6 Annual Household Goods Collection............................................14 Section 5.9 Commercial Cart Collection Services. ......................................14

5.9.1 Commercial Solid Waste Cart Service. .........................................14

5.9.2 Commercial Recyclables Cart Service..........................................14

5.9.3 Commercial Organic Waste Cart Service. ....................................15 Section 5.10 Additional Commercial Cart Services. ......................................15

5.10.1 Padlock Rental and Installation Service. ......................................15

5.10.2 Go-Back Service.............................................................................15 Section 5.11 Commercial Bin Collection Services.........................................15

5.11.1 Commercial Solid Waste Bin Service............................................15

5.11.2 Commercial Recyclables Bin Service. ..........................................15

5.11.3 Commercial Organic Waste Bin Service.......................................16 Section 5.12 Additional Commercial Bin Services.........................................16

5.12.1 Padlock Rental and Padlock or Bar Lock Installation Service. ...16

5.12.2 Overloaded Bin Collection Service. ..............................................16

5.12.3 On-Call Recycling Bin Collection Service.....................................16

5.12.4 Bin Steam Cleaning Services. .......................................................16 Section 5.13 Commercial Roll-Off Collection Services. ................................16 Section 5.14 Additional Commercial Roll-Off Services. ................................17

5.14.1 Compactor Steam Cleaning Services. ..........................................17 Section 5.15 City Owned and/or Operated Facilities Services (Not for private service).....................................................................................17 Section 5.16 Other Services. ...........................................................................17 Section 5.17 City-Sponsored Events, Programs and Construction Projects.17 Section 5.18 Community Cleanup Projects....................................................18 Section 5.19 Abandoned Items. ......................................................................18 Section 5.20 Mulch Give-Away........................................................................18 Section 5.21 Community Development Review Services..............................18 Section 5.22 Street Sweeping Debris..............................................................19 Section 5.23 Meet and Confer Regarding Additional Recycling Programs..19 Section 5.24 Recovered Organics Procurement................................................19 Section 5.25 Designated Approved Facilities ....................................................20 ARTICLE 6 OPERATIONS..................................................................................20 Section 6.1 Collection Hours and Collection Schedule...............................20

6.1.1 Residential Collection Regular Hours of Collection.....................20 iv | P a g e

6.1.2 Commercial and City Facilities Collection Regular Hours of Collection. ......................................................................................................20

6.1.3 Holiday Schedule............................................................................20

6.1.4 Noise Exceptions to Regular Hours of Collection........................20

6.1.5 Emergency Exception to Regular Hours of Collection. ...............20

6.1.6 Collection Schedule Changes. ......................................................21 Section 6.2 Service Exceptions and Non-Collection Notices......................21

6.2.1 Contaminated Materials. ................................................................21

6.2.2 Uncontainerized Solid Waste.........................................................21

6.2.3 Excess Weight................................................................................21

6.2.4 Hazardous Waste............................................................................21

6.2.5 Improper Set-Out Site. ...................................................................22

6.2.6 Health or Safety Threat. .................................................................22 Section 6.3 Route Maps, Schedules and Audits. .........................................22

6.3.1 Route Maps and Schedules. ..........................................................22

6.3.2 Route Audits/Route Reviews.........................................................22 Section 6.4 Collection Vehicles.....................................................................22

6.4.1 Air Emissions. ................................................................................23

6.4.2 Vehicles...........................................................................................23

6.4.3 Leak Containment. .........................................................................23

6.4.4 Maintenance and Safety.................................................................23

6.4.5 Appearance.....................................................................................24

6.4.6 Spare Vehicles................................................................................24

6.4.7 Sanitary Operation. ........................................................................24 Section 6.5 Personnel....................................................................................24

6.5.1 Key Personnel. ...............................................................................24

6.5.2 Workers’ Compensation Modification Factor Documentation. ...25

6.5.3 Drivers.............................................................................................25

6.5.4 Route Supervisor............................................................................25

6.5.5 Identification, Appearance and Conduct. .....................................25

6.5.6 Gratuities. .......................................................................................26

6.5.7 Nondiscrimination and Compliance with Law..............................26 Section 6.6 Interruption of Service. ..............................................................26 Section 6.7 Hazardous Waste Handling........................................................26 ARTICLE 7 CITY’S ABILITY TO CONTROL FLOW OF SOLID WASTE............26 Section 7.1 Flow Control Option. ..................................................................26 ARTICLE 8 DIVERSION......................................................................................27 ARTICLE 9 HAZARDOUS WASTE NOTIFICATIONS ........................................27 Section 9.1 Hazardous Waste Inspection and Notifications........................27 Section 9.2 Hazardous Waste Diversion Records........................................27 ARTICLE 10 CUSTOMER SERVICE ....................................................................27 Section 10.1 Customer Service Policy............................................................27 v | P a g e
Section 10.2 Container Service. ......................................................................27

10.2.1 Containers Provided by Contractor. .............................................28

10.2.2 Container Inventory........................................................................28

10.2.3 Delivery of Containers. ..................................................................28

10.2.4 Pick-Up, Exchange, Decrease or Increase Number of Containers.28

10.2.5 Maintenance, Repair or Replacement of Containers. ..................28

10.2.6 Collection and Emptying of Containers........................................28 Section 10.3 Contractor Service Standards. ..................................................29

10.3.1 General Service Requirements......................................................29

10.3.2 Customer Litter...............................................................................29

10.3.3 Contractor Litter. ............................................................................29 Section 10.4 Respect for Property. .................................................................29

10.4.1 Property Damage............................................................................29

10.4.2 Pavement Damage..........................................................................29

10.4.3 Utilities. ...........................................................................................30 Section 10.5 Customer Service Complaints, Standards and Violations.......30

10.5.1 Customer Service Complaints.......................................................30

10.5.2 Resolution of Customer Complaints.............................................30

10.5.3 Reimbursement of City Cost..........................................................30 Section 10.6 Customer Privacy and Customer Mailings. ..............................31 Section 10.7 Means of Communicating with Customers and City................31

10.7.1 Office Hours....................................................................................31

10.7.2 Telephone Numbers. ......................................................................31

10.7.3 Posting Contact Information..........................................................31

10.7.4 Web Site..........................................................................................31 Section 10.8 Education and Public Relations. ...............................................32

10.8.1 Customer Orientation Packet. .......................................................32

10.8.2 Customer Service Summary..........................................................32

10.8.3 Quarterly Newsletter. .....................................................................32

10.8.4 Customer Satisfaction Survey.......................................................32

10.8.5 Additional Information. ..................................................................32 ARTICLE 11 OWNERSHIP OF SOLID WASTE....................................................33 ARTICLE 12 RATES, FEES AND BILLING ..........................................................33 Section 12.1 Maximum Rates. .........................................................................33 Section 12.3 Escalation. ..................................................................................34 Section 12.4 Adjustment of Rates...................................................................34 Section 12.5 Rate Adjustment Dispute. ..........................................................35 Section 12.6 Competitive Rate Guarantee......................................................35 Section 12.7 Franchisee Quarterly Fees.........................................................35

12.7.1 Calculation of Franchisee Quarterly Fees. ...................................36 vi | P a g e

12.7.2 Payment of Franchisee Quarterly Fees.........................................36 Section 12.8 Customer Billing.........................................................................36

12.8.1 Contractor to Bill. ...........................................................................36

12.8.2 Frequency. ......................................................................................36

12.8.3 Automated Billing and Payment....................................................36

12.8.4 Bill Format.......................................................................................36

12.8.5 Refunds...........................................................................................37

12.8.6 Returned Check..............................................................................37

12.8.7 Termination of Service; Restart Service. ..................................37 ARTICLE 13 RECORDS AND REPORTING.........................................................37 Section 13.1 Record Retention........................................................................37 Section 13.2 Audits. .........................................................................................37 Section 13.3 Overpayment or Underpayment. ...............................................38 Section 13.4 Quarterly Reports. ......................................................................38 Section 13.6 Financial Statement....................................................................39 Section 13.7 Reporting Adverse Information. ................................................39 Section 13.8 Failure to Report.........................................................................39 Section 13.10Costs. ..........................................................................................40 Section 13.11Certification.................................................................................40 Section 13.12Submission of Reports...............................................................40 Section 13.13CERCLA Defense Records.........................................................40 Section 13.14 PERIODIC REVIEW........................................................................40 Section 13.15 DETAILED PERFORMANCE REVIEW...........................................40 ARTICLE 14 CALRECYCLE REPORTING REQUIREMENTS .............................41 ARTICLE 15 COMPLIANCE WITH LAWS AND REGULATIONS.........................42 ARTICLE 16 INDEMNIFICATION .........................................................................42 Section 16.1 Indemnification of City. ..............................................................42 Section 16.2 Hazardous Substances Indemnification. ..................................42 Section 16.3 Proposition 218...........................................................................43 Section 16.4 Indemnification. ..........................................................................44 ARTICLE 17 INSURANCE AND BONDS..............................................................44 Section 17.1 General Insurance Requirements..............................................44 Section 17.2 General Liability and Automobile Liability Insurance. .............45 vii | P a g e
Section 17.3 Workers' Compensation and Employers' Liability Insurance..45 Section 17.4 Evidence of Insurance Coverage; Insurance Repository. .......46 Section 17.5 Self-Insurance.............................................................................46 Section 17.6 Faithful Performance Bonds......................................................46 Section 17.7. Transportation pollution liability insurance..............................46 ARTICLE 18 EMERGENCY SERVICE..................................................................47 ARTICLE 19 ADMINISTRATIVE REMEDIES; TERMINATION.............................47 Section 19.1 Notice; Response; Resolution; Appeal. ...................................47

19.1.1 Notice of Deficiencies; Response .................................................47

19.1.2 Review by Director. ........................................................................47

19.1.3 Notice of Appeal. ............................................................................48

19.1.4 Review by City Manager.................................................................48

19.1.5 Appeal. ............................................................................................48 Section 19.2 City Council Hearing. .................................................................48 Section 19.3 City Council Determination........................................................49 Section 19.4 Reservation of Rights by City....................................................49

19.4.1 Right to Terminate..........................................................................49 Section 19.5 Cumulative Rights. .....................................................................50 ARTICLE 20 APPEAL TO JUDICIAL COURT; HEARING PROCEDURES..........50 ARTICLE 21 ADDITIONAL REMEDIES................................................................50 ARTICLE 22 TRANSFER OF RIGHTS; CITY CONSENT; FEES..........................50 Section 22.1 Transfer.......................................................................................50

22.1.1 Transfer Prohibited Without City Approval. ...................................50

22.1.2 Corporate Transfers........................................................................51

22.1.3 Transfer of Agreement; Payment of Transfer Fee........................51 ARTICLE 23 GENERAL PROVISIONS.................................................................51 Section 23.1 Acceptance and Waiver. ............................................................51 Section 23.2 Force Majeure. ............................................................................52 Section 23.3 Computer Hardware and Software. ...........................................52 Section 23.4 Independent Status. ...................................................................52 Section 23.5 Law to Govern; Venue................................................................52 Section 23.6 Act Amendments. .......................................................................52 Section 23.7 Amendments...............................................................................53 Section 23.8 Notices. .......................................................................................53 viii | P a g e
Section 23.9 Savings Clause and Entirety......................................................53 Section 23.10 Joint Drafting. .............................................................................54 Section 23.11Attorney’s Fees...........................................................................54 Section 23.12Entire Agreement........................................................................54 City of Carpinteria Solid Waste Franchise Agreement
Effective May 1, 2025
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ARTICLE 1 DEFINITIONS AND CONTRACT INTERPRETATION
Section 1.1 Definitions.

Unless the context otherwise requires, capitalized terms used in this Agreement shall have the meanings set forth in the definitions contained in Exhibit A.

Section 1.2 Interpretation.

1.2.1 Conflict of Definitions.

Whenever any term used in this Agreement has been defined by Chapter 8.08 of Title 8 of the Carpinteria Municipal Code and/or the Act, specifically California Public Resources Code Sections 40100, et seq., the definitions in the Carpinteria Municipal Code and the Act shall apply unless the term is otherwise defined in Exhibit A. In the event of a conflict between the definition of a term in the Carpinteria Municipal Code and/or the Act and in this Agreement, the definition in this Agreement shall prevail.

1.2.2 Gender.

Words importing the masculine gender include correlative words of the feminine and neuter genders and vice versa.

1.2.3 Headings, Font.

Any captions or headings are for convenience of reference only and do not control or affect scope, intent, meaning, construction, interpretation or effect of this Agreement. Any underlined, italicized, bold-faced, upper captioned or other font styles are for ease of reading and contract administration only and do not in any way imply relative importance or unimportance of any provision of this Agreement.

1.2.4 References to this Agreement.

References to Articles, Sections, Subsections and Exhibits refer to this Agreement, unless otherwise specified. All programs, policies, and protocols that are to be submitted by Contractor and referred to in this Agreement are incorporated by reference as though fully set forth herein.

1.2.5 Specific Not Limitation on Generalities.

The mention of any specific obligation under this Agreement may not be construed to limit or restrict any general liability or duty imposed upon Contractor elsewhere in this Agreement or under law.

1.2.6 Inconsistent or Conflicting Terms.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement.

City of Carpinteria Solid Waste Franchise Agreement
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ARTICLE 2 GRANT OF FRANCHISE; SCOPE OF AGREEMENT
Section 2.1 Binding Agreement.

In consideration of the mutual promises contained herein, City and Contractor agree to be bound by and comply with all of the obligations and requirements of this Agreement.

Section 2.2 Grant of Franchise; Scope.

2.2.1 Exclusive Franchise.

Through this Agreement, City grants to E.J. Harrison & Sons, Inc. (“Contractor”) the exclusive right and privilege, except as provided in Section 2.3, to collect the following materials within the Service Area, as set forth in Article 5:
a. Solid Waste generated at Residential Premises, Commercial Premises and City Facilities Premises.
b. Source Separated Recyclables generated at Residential Premises, Commercial Premises and City Facilities Premises.
c. Organic Waste generated at Residential Premises, Commercial Premises, and City Facility Premises
d. Source Separated Food Waste generated at Residential Premises and Commercial Premises.
e. Unscheduled roll off and bin rental located at Residential Premises and Commercial Premises.
f. Materials generated by State facilities such as the Carpinteria State Beach Park

2.2.2 Franchise for Access to and Use of City Property.

Through this Agreement, City also grants to Contractor the right to access and use certain City-owned property necessary for collecting materials described in section 2.2.1 pursuant to Article 5. These rights exceed the scope, intensity, duration, type of authorized activity, or other form of extent of the rights of the general public and include, but are not limited to:
a. Regular use of City streets by heavy duty waste hauling vehicles, excluding damage greater than ordinary wear and tear as described in article 10.4.1. b. Keys or combinations to access locked gates owned by the City. c. Ability to remove solid waste from City property pursuant to this Agreement. d. Ability to place trash bins or other receptacles within the public right-of-way or on City property.
e. Ability to access City buildings and yards for services detailed within this Agreement.

Section 2.3 Limitations on Scope of Exclusive Franchise.

2.3.1 Contractor Approval Not Required.

City may permit the Collection, Recycling and/or Disposal of any of the following by Persons other than Contractor without seeking or securing approval from Contractor:
a. Solid Waste, Recyclables, and Organic Waste which are transported personally by the Owner or Occupant of the Residential Premises or Commercial Premises at which they are generated to a Disposal Site or a Transfer and Processing Facility; and City of Carpinteria Solid Waste Franchise Agreement
Effective May 1, 2025
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b. Recyclables and Organic Wastes which are Source Separated by the Generator and sold or donated, including donations to youth, civic, or charitable organizations; and c. Recyclable beverage containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act, California Public Resources Code Sections 14500, et seq.; and
d. Animal waste and remains from slaughterhouse or butcher shops, grease waste, and used cooking oil; and
e. By-products of sewage treatment including sludge, sludge ash, grit, and screenings; and
f. Hazardous Waste and Household Hazardous Waste; and
g. Source Separated E-Waste and Source Separated U-Waste; and h. Organic Waste composted at Residential Premises and Commercial Premises; and i. Unscheduled roll off and bin rental services offered by another approved contractor; and
j. Unscheduled roll off and bin rental services offered by another approved contractor; and
k. The incidental removal of Solid Waste when the primary service performed is either of the following:
i. Landscaping, gardening, weed or refuse abatement, yard clean-up, or grading of a lot; or
ii. Construction, remodeling or demolition of a building or structure; and l. Self-hauling is only permitted if an exemption of services letter from the property owner is on file with the Contractor and meets criteria defined by the Director, and pursuant to Section 16.3 of this Agreement. The letters shall be submitted annually to the Contractor to remain in effect.

Section 2.4 Enforcement of Exclusivity.

2.4.1 Enforcement by Contractor.

Contractor shall be responsible for enforcing the exclusivity of this Agreement.

2.4.2 Enforcement by City.

City shall reasonably assist Contractor in any efforts to enforce the exclusivity herein. City shall adopt such ordinances or other regulations as City deems to be necessary or desirable to protect the exclusive rights granted herein. City shall have the right, but not the obligation, to enforce the exclusivity herein, including by instituting appropriate legal proceedings and/or to request that Contractor do so. Contractor shall have an affirmative obligation to enforce such exclusivity provisions when requested to do so by City. Contractor shall reimburse City for its reasonable legal costs, extraordinary administrative costs, including staff time, or other expenses incurred in connection with City’s actions to either enforce the exclusivity herein, or to assist Contractor in doing so.

Section 2.5 Boundary Changes.

Territory that is annexed into or detached from City boundaries shall be added to or removed from the Service Area covered by this Agreement.

City of Carpinteria Solid Waste Franchise Agreement
Effective May 1, 2025
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ARTICLE 3 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR AND CITY Section 3.1 Contractor Representations and Warranties.

Contractor hereby covenants, represents, and warrants the following to City for the purpose of inducing City to enter into this Agreement, all of which shall be true as of the Effective Date of this Agreement:

3.1.1 Corporate Status.

Contractor is a corporation, duly organized, validly existing and in good standing under the laws of the State of California, and is qualified to do business in the State of California.

3.1.2 Corporate Authorization.

Contractor has the authority to enter into and perform its obligations under this Agreement.

The directors of Contractor have taken all actions required by law, the articles of incorporation and bylaws or otherwise to authorize the execution of this Agreement.

3.1.3 Agreement Duly Executed.

The Persons signing this Agreement on behalf of Contractor have been authorized to do so and this Agreement constitutes a legal, valid and binding obligation of Contractor.

3.1.4 No Conflict with Applicable Law or Other Documents.

Neither the execution of this Agreement nor the delivery by Contractor of services nor the performance by Contractor of its obligations hereunder:
a. Conflicts with, violates or results in a breach of any existing Applicable Law; b. Conflicts with, violates or results in a breach or constitutes a default under any term or condition of any existing judgment, order or decree of any court, administrative agency or other governmental authority, or of any existing agreement (including, without limitation, the certificate of incorporation of Contractor) or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound; or
c. Will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of Contractor.

3.1.5 No Litigation.

There is no action, suit or other proceeding as of the Effective Date of this Agreement, at law or in equity, or to the best of Contractor’s knowledge, any investigation, before or by any court or governmental authority, pending or threatened against Contractor, or otherwise affecting Contractor, which is likely to result in an unfavorable decision, ruling or finding, in any single case or in the aggregate, which would materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by Contractor in connection with the transactions contemplated hereby, or which could materially and adversely affect the ability of Contractor to perform its obligations hereunder or which would have a material adverse effect on the financial condition of Contractor or the entity providing the guaranty of Contractor’s performance.

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3.1.6 Financial Condition.

Contractor has made available to City information on its financial condition. Contractor recognizes that City has relied on this information in evaluating the sufficiency of Contractor’s financial resources to perform this Agreement. To the best of Contractor’s knowledge, this information is complete and accurate, does not contain any material misstatement of fact and does not omit any fact necessary to prevent the information provided from being materially misleading.

3.1.7 Insurance and Bonds.

Contractor has the ability to procure all insurance policies and bonds or other security of performance required and as described in Article 17 and shall have procured all such insurance policies and bonds or other security of performance, which shall be in full force and effect on and as of the Services Initiation Date.

3.1.8 Ability to Perform.

Contractor has the expertise and professional and technical capability to perform all of its obligations under this Agreement.

3.1.9 Contractor’s Investigation.

Contractor has made an independent investigation and analysis, the results of which are satisfactory to Contractor, of the conditions and circumstances surrounding this Agreement, its content and preparation, and the work to be performed by Contractor under this Agreement.

Contractor is satisfied that those conditions and circumstances will not impair Contractor’s ability to perform the work and satisfy the obligations required by this Agreement. This Agreement accurately and fairly represents the intentions of Contractor and Contractor enters into this Agreement on the basis of that independent investigation and analysis.

3.1.10 Statements and Information Submitted by Contractor.

The information supplied by Contractor in all submittals made in connection with negotiation and execution of this Agreement, including all materials in Exhibits of this Agreement, and all representations and warranties made by Contractor throughout this Agreement are true, accurate, correct and complete in all material respects on and as of the Effective Date of this Agreement.

Section 3.2 City Representations and Warranties.

City hereby covenants, represents, and warrants the following to Contractor for the purpose of inducing Contractor to enter into this Agreement, all of which shall be true as of the Effective Date of this Agreement:

3.2.1 City Status.

City is a municipal corporation, duly organized and validly existing under the Constitution and laws of the State.

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3.2.2 City Authorization.

City has full legal right, power and authority to execute, deliver and perform its obligations under this Agreement.

3.2.3 Agreement Duly Executed.

The Persons signing this Agreement on behalf of City have been duly authorized to do so and this Agreement constitutes a legal, valid and binding obligation of City.

ARTICLE 4 EFFECTIVE DATE AND TERM
Section 4.1. Effective Date of Agreement.

The Effective Date of this Agreement shall be July 1, 2022 subject to the conditions set forth in Section 4.2.

4.1.1 Effective Date of Amendments.

The amendments incorporated into this Amended and Restated Agreement, as agreed to by Contractor and City on the date of execution and adopted by City’s Resolution No. 6234 shall be effective July 1, 2024.

Section 4.2 Conditions to Effectiveness of Agreement.

The satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City in writing, is a condition precedent to the effectiveness of this Agreement, and a condition of Contractor's continued right to the benefits conveyed herein:

4.2.1 Accuracy of Representation.

All representations and warranties made by Contractor and set forth in this Agreement shall be accurate, true, and correct.

4.2.2 Absence of Litigation.

There shall be no litigation pending in any court challenging the award of this Agreement to Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance.

4.2.3 Effectiveness of City Council Action.

City Council's Resolution approving this Agreement shall have become effective pursuant to California law on or before the Effective Date.

Section 4.3 Notice of Failure to Satisfy Condition.

If either Party asserts that a condition precedent to the effectiveness of this Agreement set forth in Section 4.2 has not been satisfied and has not been waived, it must deliver written notice to that effect to the other Party immediately.

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Section 4.4 Term.

The Term of this Agreement shall begin on the Services Initiation Date and shall end at midnight on June 30th, 2038 unless this Agreement is terminated sooner pursuant to Article 19 or extended pursuant to Section 4.5.

Section 4.5 Extension of Term.

No later than two years prior to the expiration of the Term or extended term, Contractor may submit to City a written request for an extension of the Term of up to five (5) years, along with the information, data, records and reports documenting to satisfaction of City that Contractor has met each of the conditions set forth in this Section during the Term (or the portion thereof if less than the entire Term). Contractor is required to include with its request full information, data, records and reports documenting satisfaction of the conditions set forth in sections 4.5.1 through 4.5.5, inclusive: Only two (2) five (5) year extensions are allowed under this agreement. Within one hundred twenty (120) Days of the date the request for an extension of the Term is received, City shall provide written notice to Contractor as to whether City accepts or rejects Contractor’s request. If City determines that Contractor has satisfied the conditions set forth in this Section, City may accept Contractor’s request and may extend the Term by a period of not to exceed five (5) years as requested by Contractor. If City fails to provide such notice within said time period, Contractor’s request shall be deemed accepted and City shall extend the Term by a period not to exceed five (5) years as requested by Contractor.

4.5.1 Satisfactory Performance.

Contractor has performed the terms and obligations of this Agreement to the satisfaction of City. A performance review prior to any five (5) year extension may be conducted two (2) years prior to the end of the initial term of the contract as described in Section 13.15. Cost of the review shall be paid as specified in that section.

4.5.2 Diversion Compliance.

Contractor has complied with the Diversion requirements set forth in Section 8.

4.5.3 Customer Satisfaction.

Pursuant to Customer satisfaction surveys conducted according to Subsection 10.8.4, City must determine that Customers are generally satisfied with Collection services provided by Contractor under this Agreement.

4.5.4 Timely Payment of Fees.

Contractor has not been delinquent in the payment of any money due to City under this Agreement more than once each Fiscal Year or at any time longer than five (5) calendar days.

City has not received written notice that Contractor has been delinquent in the payment of any sums or amounts due third parties with respect to Solid Waste Disposal and processing fees.

4.5.5 No Transfer.

This Agreement has not been transferred pursuant to Article 22.

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Section 4.6 Survival of Certain Provisions.

The following provisions shall survive the Term of this Agreement: the Parties’ representations and warranties set forth in Article 13; the Indemnification provisions set forth in Article 16; any and all outstanding payments that Contractor owes City as set forth in Article 12; the reporting requirements set forth in Article 14; and any other rights or obligations of the Parties expressly state to survive the Term of this Agreement.

ARTICLE 5 FRANCHISED SERVICES
Section 5.1 General.

Through the terms of this Agreement and to protect public health and safety, City regulates certain aspects of how Contractor must provide franchised services and conduct related activities. Except as otherwise specified in this Agreement, Contractor retains full discretion in providing franchised services and conducting related activities
To protect the public health and safety, Contractor shall provide all labor, equipment, material, supplies, supervision and all other items necessary to perform the work and provide the services described at the times and in the manner required by this Agreement (including, but not limited to, this Article), including the Collection of all Solid Waste generated or accumulated within City from Residential Premises, Commercial Premises and City Facilities Premises covered by this Agreement not less often than once per week. The enumeration of, and specification of requirements for, particular items of labor, equipment, material, supplies or supervision shall not relieve Contractor of the duty to furnish all others, as may be required, whether enumerated elsewhere in this Agreement or not.

To protect the public health, safety and welfare all regular Solid Waste handling services shall be provided at a frequency of not less than once per week. Contractor shall provide Bin Collection Service on the Customer’s Collection Day not less than once and up to six (6) times per week, except that the Customer may schedule additional Bin Collections. All services are to be provided at the Maximum Rates according to Article 12, based on frequency and level of service, unless otherwise noted.

The work performed and the services provided by Contractor under this Agreement shall be in a thorough and professional manner so that all Customers are provided at all times with reliable, courteous and high-quality Solid Waste Handling Services.

Contractor shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this Section and as otherwise specified in 14 CCR Section 18982; 14 CCR, Division 7, Chapter 12, Article 3; or other Applicable Law.

Section 5.2 Single Family Dwelling (SFD) Residential Cart Collection.

5.2.1 SFD Solid Waste Cart Service.

Contractor shall Collect Solid Waste from SFD Customers according to the following:
a. Contractor shall provide each Customer with one (1) Solid Waste Cart with the choice of the following Cart capacities: thirty-two (32), sixty-four (64) or ninety-six (96) gallons, with additional carts available upon request; and
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b. Contractor shall Collect all Solid Waste placed for Collection at Curbside using automated Collection vehicles, unless Backyard Cart Service is provided pursuant to Subsection 5.2.4 or the Customer has a Permitted Set-Out Site. c. Customers who routinely place Solid Waste outside of the cart will be required to increase their service level.

5.2.2 SFD Recyclables Cart Service.

Contractor shall Collect Source Separated Recyclables from SFD Customers according to the following:
a. Contractor shall provide each Customer with one (1) Recyclables Cart of a capacity of ninety-six (96) gallons, unless customer requests Cart with a capacity of sixty-four (64) gallons; and
b. Customer may call for one (1) additional container at no cost to the customer; and c. Contractor shall Collect all Source Separated Recyclables placed for Collection at Curbside using automated Collection vehicles, unless Backyard Cart Service is provided pursuant to Subsection 5.2.4 or the Customer has a Permitted Set-Out Site. d. Customers who routinely place Recyclables outside of the cart will be required to increase their service level.

5.2.3 SFD Organic Waste Cart Service.

Contractor shall Collect Organic Waste from SFD Customers according to the following:
a. Contractor shall provide each Customer with one (1) Organic Waste Cart of a capacity of ninety-six (96) gallons, with additional carts available upon request; and b. Contractor shall Collect all Source Separated Green Waste and other Organic Waste placed for Collection at Curbside using automated Collection vehicles, unless Backyard Cart Service is provided pursuant to Subsection 5.2.4 or the Customer has a Permitted Set-Out Site.
c. Customers who routinely place Organic Waste outside of the cart will be required to increase their service level.
d. Contractor shall provide SFD Organic Waste Collection Service to Customers at no additional charge to City or Customers according to Article 12.

5.2.4 SFD Backyard Cart Service/Pull-out or Valet Service.

Upon request by any eligible SFD Customer, Contractor shall provide Backyard Cart Service at no additional charge to City or Customers according to Article 12. SFD Customers eligible for Backyard Cart Service at no additional charge include only those SFD Customers that are receiving Cart services under this Section and that:
a. Submit documentation (e.g., a form signed by a doctor or documentation of qualification for or issuance of a Disabled Person (DP) or Disabled Veteran (DV) parking placard or license plate by the California Department of Motor Vehicles) of their inability to perform the generally applicable Curbside set-out requirements for Collection; and/or
b. Are eighty (80) years of age or older.

Upon request by any other (ineligible) SFD Customer, Contractor shall provide Backyard Cart Service for compensation paid by the Customer up to the Maximum Rates according to Article 12 based on the Cart capacity and number of Carts.

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Section 5.3 Multi-Family Dwellings (MFD) Residential Cart Collection.

5.3.1 MFD Solid Waste Cart Service.

For MFD Customers that do not have space for or do not generate enough Solid Waste to require the use of Bins for Collection, Contractor shall Collect Solid Waste from MFD Customers according to the following:
a. Contractor shall provide each Customer with one (1) Solid Waste Cart. Contractor shall provide each Customer with the choice of the following Cart capacities: thirty-two (32), sixty-four (64) or ninety-six (96) gallons, with additional carts available upon request; and
b. Contractor shall Collect all Solid Waste placed for Collection at Curbside using automated Collection vehicles, unless the Customer has a Permitted Set-Out Site. In the event that a Customer has additional waste that does not fit in the cart, Customer shall call Contractor to request an additional pick-up. c. Customers who routinely place Solid Waste outside of the cart will be required to increase their service level.

5.3.2 MFD Recyclables Cart Service.

For MFD Customers that do not have space for or do not generate enough Recyclables to require the use of Bins for Collection, Contractor shall Collect Source Separated Recyclables from MFD Customers according to the following:
a. Contractor shall provide each Customer with one (1) Recyclables Cart of a capacity of ninety-six (96) gallons; and
b. Contractor shall Collect all Source Separated Recyclables placed for Collection at Curbside using automated Collection vehicles, unless the Customer has a Permitted Set-Out Site. In the event that a Customer occasionally places Source Separated Recyclables adjacent to Carts, Contractor shall also Collect that Recyclables. c. Customers who routinely place Recyclables outside of the cart will be required to increase their service level.

5.3.3 MFD Organic Waste Cart Service.

Contractor shall Collect Organic Waste from MFD Customers according to the following:
a. Contractor shall provide the Customer with Organic Waste Carts at the capacity of ninety-six (96) gallons, unless the Customer requests Carts at a capacity of sixty-four (64) gallons. Customers with space constraints are eligible for thirty-two (32) gallon containers following approval by the Contractor; and
b. Contractor shall collect all Organic Waste placed for Collection at Curbside or at setout site using automated Collection vehicles. In the event that a Customer occasionally needs additional Organic Waste service, Customer shall call Contractor to request an additional pick-up.
c. Customers who routinely place Organic Waste outside of the cart will be required to increase their service level.

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Section 5.4. Additional Residential Cart Services.

5.4.1 Go-Back Service.

In the event that a Residential Customer has forgotten or otherwise missed the designated time on Customer’s Collection Day to place a Cart at Curbside or a Permitted Set-Out Site for Collection, Contractor shall provide a Go-Back Service to return to the Residential Premises the same Day, if the Customer contacts Contractor pursuant to Section 10.7 before noon on the Customer’s Collection Day, or the following Business Day, if the Customer contacts Contractor pursuant to Section 10.7 after noon on the Customer’s Collection Day, to provide Collection services. Contractor shall provide the Go-Back Service for compensation up to the Maximum Rates according to Article 12 paid by the Customer for each occurrence.

Section 5.5 Residential Bin Collection Services – Single-Family Dwellings.

5.5.1 SFD Solid Waste, Recyclables and Organic Waste Bin Service.

Upon request by any SFD Customer, Contractor shall Collect Solid Waste, Source Separated Recyclables and Organic Waste from SFD Customers according to the following:
a. Contractor shall provide each Customer with one (1) Solid Waste Bin. Contractor shall provide each Customer with the choice of the following Bin capacities: 1.5, 2, or 3 cubic yards; and
b. Customers who routinely have Solid Waste, Recyclables, and/or Organic Waste that exceeds the capacity of their bin shall be required to increase their level of service. c. Customers shall have adequate space for a Bin on the Customer’s premises and not within the public right-of-way; and
d. Contractor shall Collect all Solid Waste placed for Collection at a Permitted Set-Out Site; and
e. In addition to the provision of bins for Solid Waste Collection, Contractor shall provide Carts for Source Separated Recyclables and Organic Waste and shall Collect Source Separated Recyclables and Organic Waste as provided under SFD Cart services pursuant to Subsections 5.3.2 and 5.3.3, respectively.

Section 5.6 Residential Bin Collection Services – Multi-Family Dwellings.

5.6.1 MFD Solid Waste Bin Service.

Contractor shall Collect Solid Waste from MFD Customers according to the following:
a. Contractor shall provide each Customer with one (1) Solid Waste Bin. Contractor shall provide each Customer with the choice of the following bin capacities: 1.5, 2, or 3 cubic yards; and
b. Customers who routinely have Solid Waste that exceeds the capacity of their bin shall be required to increase their level of service.
c. Customers shall have adequate space for a Bin on the Customer’s premises and not within the public right-of-way; and
d. Contractor shall Collect all Solid Waste placed for Collection at a Permitted Set-Out Site; and
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5.6.2 MFD Recyclables Bin Service.

Contractor shall Collect Source Separated Recyclables from MFD Customers according to the following:
a. Contractor shall provide each Customer at a minimum thirty percent (30%) of the Customer’s Solid Waste Bin capacity for Source Separated Recyclables, with the choice of the following: 1.5, 2, or 3 cubic yards; and,; and b. Customers who routinely have Recyclables that exceeds the capacity of their bin shall be required to increase their level of service.
c. Customers shall have adequate space for a Bin on the Customer’s premises and not within the public right-of-way; and
d. Contractor shall Collect all Source Separated Recyclables placed for Collection at a Permitted Set-Out Site.

5.6.3 MFD Organic Waste Bin Service.

Contractor shall Collect Organic Waste and/or Source Separated Green Waste from MFD Customers according to the following:
a. Contractor shall provide each Customer with one (1) Organic Waste Cart or bin of an adequate size for organic waste generated on site; and
b. Contractor shall Collect all Organic Waste placed for Collection at Curbside or at setout site using automated Collection vehicles; and c. Customers who routinely have Recyclables that exceeds the capacity of their bin shall be required to increase their level of service; and
Section 5.7 Additional Residential Bin Services.

5.7.1 Padlock Rental and Padlock or Bar Lock Installation Service.

Upon request by a Residential Customer, Contractor shall provide a padlock or bar lock installation service, which includes providing a Bin with lockable lids and a padlock or bar lock, and unlocking and re-locking the Bin each time it is serviced. Contractor shall provide the padlock or bar lock installation service for compensation up to the Maximum Rates according to Article 12 paid by the Customer for each Bin. Contractor shall provide padlocks for rental on a monthly basis for compensation up to the Maximum Rates according to Article 12.

5.7.2 Overloaded Bin Collection Service.

Contractor shall provide Collection services of Overloaded Bins for compensation up to the Maximum Rates according to Article 12 paid by the Customer for each Bin.

5.7.3 Bin Steam Cleaning Services.

Upon request by a Residential Customer, Contractor shall provide steam cleaning services of Bins. All Bin steam cleaning services shall be provided on Contractor-owned or -leased premises. Contractor shall provide Bin steam cleaning services once per Fiscal Year at no additional charge to City or Customers and for two more times per Fiscal Year for compensation up to the Maximum Rates according to Article 12 paid by the Customer for each Bin.

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Section 5.8 Additional Residential Collection Services.

5.8.1 Bulky Items Collection.

Contractor shall provide on-Call Bulky Item Collection Services as defined below:
a. Two (2) free on-call bulky item collection services per calendar for single family homes, and;
b. Free on-call bulky items collection services for Multi-Family Dwelling Customers based on 50% of the units in a Multi-Family Dwelling Complex. For example, if a complex has ten (10) units, they will receive five (5) free on-call pickups.

These pickups will be provided at no additional charge to City or Customers. Upon receiving a request from a Customer, Contractor shall collect Bulky Items on a Day and at a time designated by Contractor. Requests must be made a week in advance. Additional pickups and specialty items may be subject to an additional fee according to Article 12. Note: charges will apply to any item containing Freon and tires are not accepted.

Bulky waste collected by the Contractor may not be landfilled or disposed of until the following Hierarchy has been followed by the Contractor:
a. Reuse as is (if energy efficient)
b. Disassemble for reuse and recycling.
c. Recycle (through participation of charitable organizations). d. Disposal.

5.8.2 Electronic Waste.

Contractor shall provide unlimited Electronic Waste (e-waste) Collections from the City Hall ABOP Facility. Upon receiving a request from City, Contractor shall Collect E-Waste within seven (7) Days on a Day and at a time designated by Contractor. Contractor shall provide EWaste Collection to the City at no additional charge to City according to Article 12.

5.8.3 Holiday (Christmas) Trees Collection.

Contractor shall Collect Holiday (Christmas) Trees from Residential Premises and multi-family dwellings placed Curbside or at a Permitted Set-Out Site for Collection on the Customer’s Collection Day. The holiday tree collection shall commence on the first collection after December 25 and will conclude the end of the second (2nd) week of January. Holiday (Christmas) Trees shall be free of all ornamentation and the stands shall be removed.

Contractor shall provide Holiday (Christmas) Trees Collection to Residential Customers at no additional charge to City or Customers according to Article 12. Contractor shall work with the City for the promotion of this program.

5.8.4 Household Battery Collection.

Contractor shall, at no additional cost to the City, collect household batteries, including but not limited to, nicad, alkaline, lead acid, lithium, button, rechargeable, and other non-alkaline batteries at 2 (two) drop-off sites, not including the City-operated ABOP facility, within city limits. One site shall be the Carpinteria Library and the other to be approved by City. All batteries collected shall be recycled or disposed of in a manner approved by the City.

Contractor shall be responsible for collection and processing of batteries and disposal of incidental Solid Waste deposited at each site at least bi-weekly. Contractor shall be City of Carpinteria Solid Waste Franchise Agreement
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responsible for maintaining and servicing each location, including but not limited to application of container content information and prompt removal of graffiti.

5.8.5 Sharps Waste Collection.

Contractor shall provide for Collection of Sharps Waste from Residential and Multi-Family Premises by mail. Upon a Residential Customer request, Contractor shall deliver to the Customer mail-in Sharps Waste containers on the next Business Day. The mail-in Sharps Waste containers shall be one-gallon containers with postage-paid return packaging.

Contractor shall provide Sharps Waste Collection to Residential Customers at no additional charge to City or Customers according to Article 12. Contractor shall work with the City for the promotion of this program.

5.8.6 Annual Household Goods Collection
Contractor shall provide and assist with the annual Household Goods Collection event held in the spring. Tasks include the coordination with the City Public Works Department for the collection of hazardous wastes, bulky items, e-waste, etc. from the residents of the City. This program must comply with all applicable regulatory and permitting requirements, be scheduled on a date mutually acceptable to Contractor and City, and impose no additional cost upon the City or service recipients. Contractor will be responsible for assisting the City with all aspects of the program, including but not limited to selecting the location, obtaining all applicable permits, traffic control, on-site security, and public information, as well as collection, packing, transportation, and safe disposal of all household goods and hazardous waste collected. Neither City nor City residents will be designated as the generator. A detailed report shall be provided of materials collected.

Section 5.9 Commercial Cart Collection Services.

5.9.1 Commercial Solid Waste Cart Service.

For Commercial Customers that do not have space for or do not generate enough Solid Waste to require the use of Bins for Collection, Contractor shall provide Commercial Solid Waste Collection Service according to the same Solid Waste Cart Collection services provided for MFD Customers in Subsection 5.3.1. Contractor shall provide Commercial Solid Waste Collection Service to Customers for compensation paid by the Customers up to the Maximum Rates according to Article 12 based on the Cart capacity and number of Carts.

5.9.2 Commercial Recyclables Cart Service.

For Commercial Customers that do not have space for or do not generate enough Recyclables to require the use of Bins for Collection, Contractor shall provide Commercial Recyclables Collection Service according to the same Recyclables Cart Collection services provided for MFD Customers in Subsection 5.3.2, except that Contractor shall provide Commercial Recyclables Collection Service on the Customer’s Collection Day not less than once per week.

Contractor shall provide Commercial Recyclables Collection Service to Customers for compensation paid by the Customers up to the Maximum Rates according to Article 12, except that Contractor shall provide additional Recyclables Carts at no additional charge to City or Customers according to Article 12.

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5.9.3 Commercial Organic Waste Cart Service.

Contractor shall Collect Organic Waste from Commercial Customers who do not have enough material for a bin. This service shall be provided according to Organic Waste cart services provided for MFD customers in Subsection 5.3.3, except that Contractor shall provide Commercial Organic Waste Collection Service on the Customer’s Collection Day not less than once per week. The City may increase this service level if problems are encountered.

Contractor shall provide Commercial Organic Waste Collection Service to Customers for compensation paid by the Customers up to the Maximum Rates according to Article 12, except that Contractor shall provide additional Organic Waste Carts at no additional charge to City or Customers according to Article 12.

Section 5.10 Additional Commercial Cart Services.

5.10.1 Padlock Rental and Installation Service.

Upon request by a Commercial Customer, Contractor shall provide a padlock installation service, which includes providing a Cart with lockable lids and a lock, and unlocking and relocking the Cart each time it is serviced. Contractor shall provide the padlock installation service for compensation up to the Maximum Rates according to Article 12 paid by the Customer for each Cart. Contractor shall also rent padlocks on a monthly basis for compensation up to the Maximum Rates according to Article 12.

5.10.2 Go-Back Service.

In the event that a Commercial Customer has forgotten or otherwise missed the designated time on Customer’s Collection Day to place a Cart at Curbside or a Permitted Set-Out Site for Collection, Contractor shall provide a Go-Back Service to return to the Commercial Premises the same Day, if the Customer contacts Contractor pursuant to Section 10.7 before noon on the Customer’s Collection Day, or the following Business Day, if the Customer contacts Contractor pursuant to Section 10.7 after noon on the Customer’s Collection Day, to provide Collection services. Contractor shall provide the Go-Back Service for compensation up to the Maximum Rates according to Article 12 paid by the Customer for each occurrence.

Section 5.11 Commercial Bin Collection Services.

5.11.1 Commercial Solid Waste Bin Service.

Contractor shall provide Commercial Solid Waste Collection Service to Commercial Customers according to the same Solid Waste Bin Collection services provided for MFD Customers in Subsection 5.6.1.

5.11.2 Commercial Recyclables Bin Service.

Contractor shall Collect Source Separated Recyclables from Commercial Customers according to the same Recyclable Bin Services provided for MFD customers in Subsection

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5.11.3 Commercial Organic Waste Bin Service.

Contractor shall provide Commercial Organic Waste Collection Service to Commercial Customers according to the same Organic Waste Bin Collection services provided for MFD Customers in Subsection 5.6.3.

Section 5.12 Additional Commercial Bin Services.

5.12.1 Padlock Rental and Padlock or Bar Lock Installation Service.

Upon request by a Commercial Customer, Contractor shall provide a padlock or bar lock installation service, which includes providing a Bin with lockable lids and a padlock or bar lock, and unlocking and re-locking the Bin each time it is serviced. Contractor shall provide the padlock or bar lock installation service for compensation up to the Maximum Rates according to Article 12 paid by the Customer for each Bin. Contractor shall provide padlocks for rental on a monthly basis for compensation up to the Maximum Rates according to Article 12.

5.12.2 Overloaded Bin Collection Service.

Contractor shall provide Collection services of Overloaded Bins for compensation up to the Maximum Rates according to Article 12 paid by the Customer for each Bin.

5.12.3 On-Call Recycling Bin Collection Service.

Contractor shall provide On-Call Services for the Collection of Source Separated Recyclables Bins from Commercial Premises. On-Call Services for Bin Collection may be requested by the Customer for any Business Day. Contractor shall provide On-Call Services for Bin Collection for compensation up to the Maximum Rates according to Article 12 paid by the Customer for each Collection.

5.12.4 Bin Steam Cleaning Services.

Upon request by a Commercial Customer, Contractor shall provide steam cleaning services of Bins. All Bin steam cleaning services shall be provided on Contractor-owned or -leased premises. Contractor shall provide Bin steam cleaning services once per Fiscal Year at no additional charge to City or Customers and for two more times per Fiscal Year for compensation up to the Maximum Rates according to Article 12 paid by the Customer for each Bin.

Section 5.13 Commercial Roll-Off Collection Services.

Upon request by a Commercial Customer, Contractor shall provide Roll-Off Collection services according to this Section. Contractor shall provide Roll-Off Boxes at capacities of 3, 10, 25 or 40 cubic yards for rental on a monthly basis for compensation up to the Maximum Rates according to Article 12. Contractor shall provide Collection services to the Designated Transfer and Processing Facility, Contractor’s Facilities and the Designated Disposal Site for compensation up to the Maximum Rates according to Article 12 on the basis of the capacity of the Roll-Off Box, the destination of the Collected load and whether the load is compacted or non-compacted. Roll-Off Collection services include Disposal services for compensation up to the Maximum Rates according to Article 12, which such compensation shall be the same regardless of whether the load is compacted or non-compacted.

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Section 5.14 Additional Commercial Roll-Off Services.

5.14.1 Compactor Steam Cleaning Services.

Upon request by a Commercial Customer, Contractor shall provide steam cleaning services of Contractor owned compactors. All compactor steam cleaning services shall be provided on Contractor-owned or -leased premises. Contractor shall provide compactor steam cleaning services once per Fiscal Year at no additional charge to City or Customers and for two or more times per Fiscal Year for compensation up to the Maximum Rates according to Article 12 paid by the Customer for each compactor.

Section 5.15 City Owned and/or Operated Facilities Services (Not for private service).

Contractor shall Collect all Solid Waste, Source Separated Recyclables and Source Separated Green Waste and other Organic Waste put in Containers for Collection at City Facilities Premises.

Contractor shall provide Collection services at City Facilities, Parks and Open Spaces and Public Receptacles within the City Service Area as are identified in Exhibit D at no charge to City.

Contractor shall provide service to all City Barrels. All materials collected from the City barrels shall be processed at Contractor’s designated processing facility. Contractor shall provide Collection services at least at service levels, based on quantity and capacity of Containers and number of Collections, as provided in Exhibit D. If service levels are not sufficient to ensure Containers do not become full, service levels shall be increased at no charge to City. The Director may change the level of service, and may revise the list of City Owned or otherwise identified Public Facilities, Parks and Open Spaces, or Public Receptacles, as identified within Exhibit D, during the Term at no charge to City. The Director shall provide any such changes to Contractor in writing. Collections shall be scheduled on Days and at times mutually agreed upon by Contractor and the Director.

Section 5.16 Other Services.

Should Contractor expand the services available to Carpinteria customers to include services such as portable toilets, temporary fencing, or portable generators, the City may choose at that time to amend this section of the Agreement to include such services. This shall in no way affect other sections of the Agreement. Upon the direction of the Director, if program is started, the Contractor shall provide Collection of any liquid waste and Solid Waste at the portable toilets no less than once per week. All portable toilets shall be wheelchair accessible and shall be maintained to the satisfaction of City. The Director may change the service levels after the program is started and may add or change the location of equipment serviced during the Term at no charge to City. The Director shall provide any such changes to Contractor in writing.

Collections shall be scheduled on Days and at times mutually agreed upon by Contractor and the Director.

Section 5.17 City-Sponsored Events, Programs and Construction Projects.

Contractor shall provide Solid Waste, Source Separated Recyclables and liquid waste (future) Collection for those City-sponsored events set forth in Exhibit E. Contractor shall provide Containers (Bins, Roll-off Boxes, clearly labeled Recyclables Containers and Organics Containers and cardboard waste boxes with liners) to Collect all Solid Waste, Source Separated Recyclables and Organics. Contractor and the Director shall mutually agree upon the number and location of Containers necessary for each City-sponsored event prior to the event. Contractor shall provide these services at City-sponsored events at no charge to City. The Director may City of Carpinteria Solid Waste Franchise Agreement
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replace any City-sponsored events set forth in Exhibit E that are discontinued with events requiring comparable levels of service.

At the request of the City, Contractor shall, in addition to the events set forth in Exhibit D, provide solid waste containers for City programs and construction projects not to exceed ten (10) fortyyard boxes in a given year. Boxes can be used either separately or as a onetime combination and cannot exceed four (4) tons in weight.

For commercial customers enrolled in a City sponsored New Business Incentive Program, Contractor shall provide, free of charge, Commercial Solid Waste Collection services for the first 6 months of the businesses operation, at which time customer will be expected to begin paying current commercial rates for Solid Waste Service.

Section 5.18 Community Cleanup Projects.

Contractor shall provide Solid Waste Collection service for up to six (6) community cleanup projects per Fiscal Year. A community cleanup project shall consist of City employees and/or volunteers working to pick up Solid Waste from public places over a one- or two-Day period.

Community cleanup projects shall be determined by the Director. Contractor shall deliver RollOff Boxes and/or Bins to locations determined by the Director for the community cleanup projects upon two (2) Business Days’ notice from the Director. Contractor shall Collect all Roll-Off Boxes and Bins within one (1) Business Day of completion of the community cleanup project.

Section 5.19 Abandoned Items.

Upon request by the Director, Contractor shall Collect no more than forty-five (45) times per Fiscal Year up to a Fiscal Year total of fifteen (15) tons of all Bulky Items and/or other Solid Waste discarded legally or illegally in the public right-of-way or on other City-owned property. The public right-of-way shall include highways, streets, alleys, sidewalks or any other public right-of-way owned, operated or maintained by City, the County, or the State of California. If the Director contacts Contractor before noon on a Business Day, Contractor shall Collect the abandoned item(s) that same Business Day. If the Director contacts Contractor after noon on a Business Day or on a Day that is not a Business Day, Contractor shall Collect the abandoned item(s) by the end of the following Business Day. Contractor shall provide this service at no charge to City for the first 45 requests. For requests beyond this, an estimate is required to be provided to the Director before collecting.

Section 5.20 Mulch Give-Away.

Upon request from the Director, Contractor shall provide mulch (i.e. recovered organic material) for the use and benefit of City and/or its residents at a volume to allow the City to comply with SB 1383 (14 CCR 18993.1). Mulch material shall meet the requirements of SB 1383 Regulations 14 CCR Section 19003.1(f)(40. Volume of mulch provided to be tracked by Contractor to comply with SB 1383 requirements. The Director shall provide the location for the placement of the Roll-Off Boxes and will establish limits for the residents. Contractor shall provide this service at no charge to City.

Section 5.21 Community Development Review Services.

Upon request from the Director, Contractor shall review building permit applicants' plans and advise applicants regarding adequacy of Container storage space and access, particularly to City of Carpinteria Solid Waste Franchise Agreement
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accommodate the Collection of Refuse and Source Separated Recyclables. Contractor shall provide this service at no charge to City.

Section 5.22 Street Sweeping Debris.

Contractor shall continually provide a Roll-Off Box at the Carpinteria Maintenance Yard for the Collection of street sweeping debris at no charge to City. Contractor shall Collect all street sweeping debris from the Roll-Off Box no less than once every other week. Collections shall be scheduled on days and at times mutually agreed upon by Contractor and the Director.

Section 5.23 Meet and Confer Regarding Additional Recycling Programs.

Upon City request, Contractor shall meet and confer with City regarding additional solid waste, recycling and organics service programs, including, but not limited to, mandatory commercial recycling, composting program, sharps program, organic waste diversion program, etc.

Contractor shall meet and confer with City at any time and as often as City requests during the Term of this Agreement. Contractor and City shall consider the following: the design and implementation of an outreach and education program to communicate with businesses, restaurant establishments and other Customers and the potential Recycled uses of the materials collected as part of these programs, including composting, biomass, for use as animal feed, or some other beneficial use.

The City may direct the Contractor to perform additional services (including new diversion programs, etc.), or to modify the manner in which it performs existing services or bills for services.

Pilot programs and innovative services that may entail new collection methods, different kinds of services or new requirements for customers, are included among the kinds of changes that the City may direct. The Contractor may be entitled to an adjustment in its compensation for providing those additional or modified services provided the need for such compensation is demonstrated to the City’s satisfaction.

In conjunction with the requirements above, the Contractor must present, within 30 days of a request from the City, a proposal to provide additional or expanded diversion services. The proposal must contain a complete description of the following:
a. Collection methodology to be employed (equipment, manpower, etc.). b. Equipment to be used (vehicle number, types, capacity, age, etc.). c. Labor requirements (number of employees by classification). d. Type of containers to be used.
e. Program publicity, education, and marketing.
f. Three-year projection of the financial results of the program’s operations in an operating statement format, including documentation of the key assumptions underlying the projections and the support for those assumptions.

Section 5.24 Recovered Organics Procurement
In accordance with SB 1383, City is required to procure a defined tonnage of Recovered Organic Material. This amount is provided to the City by CalRecycle. Contractor shall assist the City in meeting the procurement goal and the tracking of any SB 1383 organics materials procured.

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Section 5.25 Designated Approved Facilities
All facilities shall be identified to the City as any one or combination of processing services provided for approval. This includes but is not limited to: Solid Waste Disposal, Construction & Demolition Debris Recycling, Recyclable Material and Organic Material processing facilities and transfer facilities. Any changes in facility use to be approved by the City.

ARTICLE 6 OPERATIONS
Section 6.1 Collection Hours and Collection Schedule.

6.1.1 Residential Collection Regular Hours of Collection.

Solid Waste, Source Separated Recyclables and Source Organic Waste, including all additional services provided to Residential Premises, shall be Collected from Residential Premises on Business Days between 7:00 a.m. and 6:00 p.m. on Monday through Saturday.

6.1.2 Commercial and City Facilities Collection Regular Hours of Collection.

Solid Waste, Source Separated Recyclables and Organic Waste, including all additional services provided to Commercial Premises, shall be Collected from Commercial Premises and City Facilities Premises on Business Days between 6:00 a.m. and 6:00 p.m.

6.1.3 Holiday Schedule.

Contractor shall provide Collection services scheduled for a Holiday on the Business Day immediately following the Holiday. Contractor shall provide affected Customers advance written notice of that change in the following manners:
a. An insert in the Bill immediately preceding the Holiday; and b. By email to Customers that have provided an email address; and c. In a newsletter sent to Customers before the Holiday; and d. Notice in the local newspaper.

6.1.4 Noise Exceptions to Regular Hours of Collection.

City may restrict or require modifications to hours for Collection from Commercial Premises and City Facilities Premises to resolve noise Complaints. If any City ordinances, resolutions or other regulations that regulate noise limits or limit the hours of Collection more restrictively than the preceding Subsections, the terms of the City ordinance, resolution or other regulation shall govern.

6.1.5 Emergency Exception to Regular Hours of Collection.

In the event of an emergency in which City may request the assistance of Contractor pursuant to Article 18, Contractor shall provide Collection service that may or may not be within the regular hours of Collection.

Contractor shall coordinate all emergency requests using site specific work orders and/or details provided by the City. All work shall be itemized, and billed by work order using approved hourly rates and rate structure, in order that all expenses are eligible for reimbursement by state or federal emergency management agencies.

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6.1.6 Collection Schedule Changes.

Contractor shall notify each Customer of any change in that Customer’s Collection Day in each of the following manners:
a. On a tag attached to each Residential Customer’s Container on that Customer’s Collection Day immediately preceding the change; and
b. By phone or in person to each Commercial Customer the week preceding the change; and
c. By email to Customers who have provided an email address; and d. Notice in the local newspaper; and
e. By any other manner and time requested by City.

Section 6.2 Service Exceptions and Non-Collection Notices.

Contractor shall not be required to provide Collection services in the following events when Contractor shall take the following action:

6.2.1 Contaminated Materials.

Customer has discarded other than Recyclables in the Recyclables Container and other than Organic Waste in the Organic Waste Container. Contractor shall attach a non-Collection notice to the Container. The notice shall explain the reason for the non-Collection and provide information listing examples of Recyclables and Organic Waste and how to discard these materials. Contractor may also issue fees for contamination according to the fee schedule in Exhibit B.

6.2.2 Uncontainerized Solid Waste.

Customer discards Solid Waste outside a Container, unless otherwise allowed under this Agreement, such as Bulky Items, e-waste, white goods and Holiday (Christmas) Trees.

Contractor shall attach a non-Collection notice to the uncontainerized Solid Waste or Customer’s adjacent Container. The notice shall explain the reason for the non-Collection and explain when, where and what uncontainerized Solid Waste the Customer may discard for Collection. Contractor may also issue fees for contamination according to the fee schedule in Exhibit B.

6.2.3 Excess Weight.

Customer’s Container is in excess of weight limits posted on the Container. Contractor shall attach a non-Collection notice to the Container. The notice shall explain the reason for the non-Collection. Contractor may also issue fees for contamination according to the fee schedule in Exhibit B.

6.2.4 Hazardous Waste.

In the event Contractor determines that Containers contain Hazardous Waste, other than Household Hazardous Waste not discovered and identified by Contractor acting under its Hazardous Waste Handling Protocol submitted to City pursuant to Section 6.7. Contractor shall implement its Hazardous Waste Handling Protocol. Contractor shall attach a nonCollection notice to the Container if Contractor determines that it is safe to not Collect the Hazardous Waste. The notice shall explain the reason for non-Collection and shall provide City of Carpinteria Solid Waste Franchise Agreement
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the Customer with written information about the proper Disposal of Hazardous Waste.

Contractor shall report such non-Collection to City in the Quarterly Report provided to City pursuant to Section 13.4.

6.2.5 Improper Set-Out Site.

Customer has not set out the Container Curbside or at a Permitted Set-Out Site, excluding Customers provided Backyard Cart Service. Contractor shall attach a non-Collection notice to the Container. The notice shall explain the reason for non-Collection.

6.2.6 Health or Safety Threat.

Contractor determines that any condition at or near any Set-Out Site presents a health or safety threat to Contractor’s employees or the public. Contractor shall immediately notify the Customer in person, by phone, email or other means available to Contractor. Upon authorization by the Director, Contractor shall discontinue Collection until the threat is eliminated.

Section 6.3 Route Maps, Schedules and Audits.

6.3.1 Route Maps and Schedules.

Contractor shall provide route maps to the City upon request by the City.

Within seven (7) Days of City request, Contractor shall provide City any or all of the following:
a. Maps showing Contractor’s Solid Waste, Recyclables and Organic Waste Collection routes; and
b. Route sheets listing the Customers’ names, addresses, levels of service, day and approximate time of Collection.

At least thirty (30) Days prior to any route changes, Contractor shall give City revised maps and route sheets.

6.3.2 Route Audits/Route Reviews.

Contractor shall cooperate with City route audits of vehicles that Collect Solid Waste, Source Separated Recyclables and Organic Waste in City, including allowing City to follow the vehicles and, with Contractor’s consent, ride in the vehicles.

Contractor shall perform route reviews in accordance with 14 CCR 18982(a)(65). This includes detailed tracking of the audit, issues encountered, actions taken etc. Route reviews are a visual inspection along a hauler route for the purpose of evaluation of container contamination.

Section 6.4 Collection Vehicles.

Contractor warrants that it shall provide an adequate number of collection vehicles and equipment for the Collection, Disposal and transportation services for which it is responsible under this Agreement.

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6.4.1 Air Emissions.

All Contractor’s collection vehicles operating in the City shall meet the current California Air Resources Board’s emission standards. If a vehicle that meets the current California Air Resources Board (CARB) standards is unavailable due to unscheduled or non-routine maintenance, another vehicle from the Contractors fleet may be used. Contractor shall document and report all cases in which collection vehicles that do not meet the current CARB standards are used in the City.

6.4.2 Vehicles.

Identification: Contractor shall place the following information on every Collection vehicle in letters and figures at least three inches (3”) high in colors that contrast with the background:
a. Contractor’s name, unless Contractor immediately notifies the Director that Contractor has substituted another vehicle without Contractor’s name to temporarily provide Collection services when the vehicle that Contractor usually uses for Collection is undergoing service and/or repair; and
b. Contractor’s toll-free telephone number; and
c. A unique vehicle number.

Contractor may place safety instructions on Collection vehicles. Contractor shall not place any other words or pictures, except as provided herein, on Collection vehicles without City consent.

6.4.3 Leak Containment.

All collection vehicles, carts, and bins shall be leak-proof. Contractor shall not allow any hazardous or non-hazardous liquids or other materials to leak from any vehicle. If leaks do occur, clean-up shall be in accordance with the City of Carpinteria’s Watershed Management Program policies. Contractor shall ensure that spill containment kits are provided to all collection vehicles operating in the City and operators are trained on how to use them. This includes protecting nearby storm drains immediately to prevent materials entering the storm drain system and properly disposing of the cleanup materials. At City’s request, Contractor shall provide other cleaning services, such as steam cleaning sidewalks where Contractor’s cart has leaked, pursuant to Section 10.3.3.

Contractor shall keep a record of leaks including type, amount, action taken to clean it up, employee(s) responsible for clean-up, date and time. Contractor shall report such leaks to City within twenty four (24) hours of any occurrence and also indicate incidents in the Quarterly Report provided to City pursuant to Section 13.4.

6.4.4 Maintenance and Safety.

Contractor shall maintain Collection vehicles in clean condition and good repair to ensure that Collection vehicles operate properly and safely according to the following. a. Leaks. Contractor shall not allow hydraulic fluid or other liquid to leak from any vehicle and shall immediately clean up any leaks. Contractor shall have a spill remediation kit on board all vehicles operating within the city. Contractor shall immediately protect any storm drain inlet from receiving hydraulic fluid or other liquids. Contractor shall photograph any incident.

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Contractor shall keep a record of leaks including type, amount, action taken to clean it up, employee(s) responsible for clean-up, date and time. Contractor shall report such leaks to City within twenty four (24) hours of any occurrence and also indicate incidents in the Quarterly Report provided to City pursuant to Section 13.4. b. Inspections. Contractor shall have the California Highway Patrol inspect each vehicle under law. Contractor shall conduct additional inspections, such as brake testing, within seven (7) Days of a request from the Director. Contractor acknowledges that City may inspect any vehicle.
c. Maintenance Log and Safety Compliance Report. Within two (2) Business Days of a request from the Director, Contractor shall provide City a copy of its vehicle maintenance log and any safety compliance report, including, but not limited to, any report issued under California Vehicle Code Sections 34500, et seq. and the biennial “BIT” inspections conducted by the California Highway Patrol. d. Oil Recycling, Re-refined Oil. Contractor shall Recycle all used oil from its vehicle maintenance operations and make reasonable business efforts to use re-refined oil.

6.4.5 Appearance.

Contractor acknowledges that it is important to City that Contractor presents a professional and well-maintained image. Contractor shall wash vehicles as often as necessary to preserve and maintain a professional and pleasing image, and within two (2) Days of a request from the Director. Contractor shall paint vehicles within thirty (30) Days of a request from the Director.

6.4.6 Spare Vehicles.

Contractor shall maintain a sufficient number of vehicles, fully fueled and ready to dispatch, to replace any vehicle that breaks down enroute so that Customer service is minimally delayed.

6.4.7 Sanitary Operation.

Contractor shall comply with all laws, regulations and procedures promulgated by all agencies having jurisdiction over the safe and sanitary operation of Contractor’s equipment.

Section 6.5 Personnel.

6.5.1 Key Personnel.

Contractor acknowledges that providing services under this Agreement is personal in nature because it requires continuous and extensive communication between Contractor’s personnel and City staff, and knowledge of City streets, terrain and requirements under this Agreement.

Contractor shall use reasonable business efforts to provide City with thirty (30) Days’ notice of a change in the following personnel:
a. Route supervisor, and
b. City liaison in Contractor’s financial accounting department responsible for submitting reports with respect to Franchisee Quarterly Fees; and
c. City liaison in any Contractor department responsible for submitting reports with respect to Contractor’s Diversion of Solid Waste in City.

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In its notice to City, Contractor shall include the name and professional qualifications of the replacement personnel. The Director may request, upon thirty (30) Days prior notice, that Contractor use reasonable business efforts to appoint an alternative individual as the City liaison in any Contractor department responsible for submitting reports with respect to Contractor’s Diversion of Solid Waste in City

6.5.2 Workers’ Compensation Modification Factor Documentation.

Within two (2) Business Days of a request from the Director, Contractor shall provide City with Contractor’s Workers’ Compensation Experience Modification Factor documentation.

6.5.3 Drivers.

Contractor shall provide appropriate and applicable operational and safety training, including on-job-training by supervisors, to all employees that drive Collection vehicles and/or operate equipment for Collection. Contractor shall train a sufficient number of employees to drive all Collection routes to ensure there is no lapse of Solid Waste Handling Services under this Agreement. Contractor shall keep complete training records. Contractor shall use reasonable business efforts to assign the same employees to drive identified routes in order to encourage accountability and enhance Customer relations. Contractor shall provide a cell phone or an equivalent communication device to each employee that drives a Collection vehicle to keep in contact with Contractor’s Customer service representatives, operation and maintenance personnel and the route supervisor. Contractor shall carry out drug and alcohol testing of employees that drive Collection vehicles in compliance with Department of Transportation 49 CFR Part 40 and shall keep complete testing records. Contractor shall make certain that all employees that drive Collection vehicles have in full force and effect a valid driver’s license of the appropriate class issued by the California Department of Motor Vehicles and keep copies of such licenses.

6.5.4 Route Supervisor.

Contractor shall assign qualified personnel to supervise field operations in the Service Area, including:
a. Checking that Collection meets specifications under this Agreement; and b. Making Collection improvements; and
c. Resolving field problems, such as reports of commingling Organic Waste or Recyclables with Solid Waste; and
d. Responding to Complaints of Customers in person or by telephone, such as missed pickups, noise, litter, etc.

Contractor shall provide the route supervisor a cell phone or an equivalent communication device to keep in contact with Contractor’s Customer service representatives, operation and maintenance personnel, City and drivers.

6.5.5 Identification, Appearance and Conduct.

Contractor shall ensure that all of its employees who come into contact with the public present a neat, tidy and orderly appearance and clear identification as an employee of Contractor.

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6.5.6 Gratuities.

Contractor shall not, nor shall it permit any officer, agent or employee to, request, solicit, or demand, either directly or indirectly, any gratuity from Customers for the Collection of Solid Waste required to be Collected under this Agreement.

6.5.7 Nondiscrimination and Compliance with Law.

Contractor shall comply with all applicable nondiscrimination laws and shall not discriminate against any Person as an employee or potential employee on the basis of his or her race, color, national origin, ancestry, religion, creed, physical handicap, medical condition, marital status or sexual orientation. Contractor shall comply with all applicable labor laws and other applicable laws relating to Contractor as an employer.

Section 6.6 Interruption of Service.

Contractor shall maintain a Back-Up Plan for interruption of service and provide to the City no less than two (2) business days following a request. The Back-Up Plan shall set forth the procedures that Contractor shall follow in the event of an interruption of services provided under this Agreement. In the event that an interruption of services provided under this Agreement occurs, within twenty-four (24) hours of a request from the Director, Contractor shall implement the Back-Up Plan.

Section 6.7 Hazardous Waste Handling.

Contractor shall maintain a Hazardous Waste Handling Protocol, to be submitted to the City upon request. The Hazardous Waste Handling Protocol shall set forth procedures that Contractor shall follow to identify and Collect Hazardous Waste for proper Disposal. The Hazardous Waste Handling Protocol shall include the manner in which Contractor shall use reasonable business efforts to screen all Solid Waste for Hazardous Waste when tipping Containers into vehicles, such as using driver observation in mirrors when tipping Carts in front of the vehicle. In the event Contractor inadvertently delivers Solid Waste to any Disposal Site or Transfer and Processing Facility that includes Hazardous Waste, Contractor shall make a good faith effort to identify and contact the Customer that discarded the Hazardous Waste and recover the Hazardous Waste handling costs and cooperate with the Disposal Site or Transfer and Processing Facility owners or operators to arrange for proper Disposal under law.

ARTICLE 7 CITY’S ABILITY TO CONTROL FLOW OF SOLID WASTE Section 7.1 Flow Control Option.

City shall have the absolute ability to choose the location for the delivery and/or Disposal of all Solid Waste (including Recyclables and Organic waste) Collected pursuant to this Agreement.

Contractor expressly consents to City's ability to direct the location for Disposal of Solid Waste hereunder and waives any and all rights to challenge City's ability to do so, including without limitation any rights under the Commerce Clause of the United States Constitution.

At any time during the Term of this Agreement, the Director may notify Contractor in writing that City desires to invoke its flow control option. In the event that the Director so notifies Contractor of the desire to change the City’s flow control option, the written notification shall include the change, including whether the change is to Solid Waste, Source Separated Recyclables and/or City of Carpinteria Solid Waste Franchise Agreement
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Source Separated Organic Waste and whether the change involves the Designated Disposal Site, the Designated Transfer and Processing Facility and/or any specific one of Contractor’s Facilities.

In the event the Director so notifies Contractor of the desire to cease exercising the City’s flow control option, Contractor shall have the absolute discretion to utilize any Disposal Site, Transfer and Processing Facility, Material Recovery Facility, or other facility of its choosing to retain, Recycle, process, and Dispose of Solid Waste, Source Separated Recyclables and/or Source Separated Organic Waste generated within City, provided the use of such facility by Contractor enables it to meet all other requirements of this Agreement.

ARTICLE 8 DIVERSION
a. Contractor shall ensure through the delivery of its programs and services under this contract that City’s overall diversion rate meets or exceeds the State mandated minimum requirement, currently set at 50%.
b. Contractors compliance with the diversion requirements and goals above shall be reported by sector through the Quarterly reports to the City.

ARTICLE 9 HAZARDOUS WASTE NOTIFICATIONS
Section 9.1 Hazardous Waste Inspection and Notifications.

Contractor reserves the right and has the duty under law to inspect Solid Waste put out for Collection and to reject Solid Waste observed to be contaminated with Household Hazardous Waste and the right not to Collect Household Hazardous Waste put out with Solid Waste.

Contractor shall notify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of Household Hazardous Waste, found or observed in Solid Waste anywhere within City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Household Hazardous Waste unlawfully Disposed of or released on any City property, including storm drains, streets or other public rights-of-way, Contractor shall immediately notify the Director.

Section 9.2 Hazardous Waste Diversion Records.

Contractor shall maintain records showing the types and quantities, if any, of Household Hazardous Waste found in Solid Waste, which was inadvertently Collected from Customers within City, but Diverted from the Designated Disposal Site or other Disposal Sites.

ARTICLE 10 CUSTOMER SERVICE
Section 10.1 Customer Service Policy.

Contractor shall provide a Customer Service Policy to City upon request. The Customer Service Policy shall include procedures, to the satisfaction of the Director, for communicating with Customers and taking, responding to and resolving Customers’ questions, Complaints and disputes. Notwithstanding the Customer Service Policy, Contractor shall be subject to the Customer service requirements set forth in this Article.

Section 10.2 Container Service.

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10.2.1 Containers Provided by Contractor.

Contractor shall provide Customers with the following Containers meeting the requirements of SB 1383 and the industry quality standards for storage of discarded Solid Waste, Source Separated Recyclables and Organic Waste pending Collection by Contractor:
a. All Carts, Bins and Roll-Off Boxes (not compactors) for City and all Customers consistent with Article 5; and
b. Sharps Waste Containers for Residential Customers consistent with Subsection 5.8.5.

10.2.2 Container Inventory.

Contractor shall store unused Containers in a secure location. Contractor shall update its Container inventory within seven (7) Days of a request by the Director.

10.2.3 Delivery of Containers.

Upon a Customer request, for reasons of service commencement or lost or stolen Containers, Contractor shall deliver Containers to the Set-Out Site no later than the day following Customer’s Collection Day. Delivery of Containers pursuant to this Subsection shall be provided by Contractor at no charge to City or the Customers.

10.2.4 Pick-Up, Exchange, Decrease or Increase Number of Containers.

Upon a Customer request, for reasons of service termination or change in service, Contractor shall pick-up, exchange, increase or decrease the number of Containers at the Set-Out Site no later than the day following Customer’s Collection Day. Pick-up, exchange, increase or decrease the number of Containers pursuant to this Subsection shall be provided by Contractor at no charge to City or the Customers.

10.2.5 Maintenance, Repair or Replacement of Containers.

Contractor shall maintain and repair all Containers. Upon a Customer request or request by the Director, Contractor shall repair or replace Containers that are damaged or constitute a threat to public health and safety, including keeping out rodents, flies and other vectors. A determination by the Director that a Container shall be repaired or replaced shall bind Contractor to do so. Contractor agrees to maintain its Solid Waste containers in City free of graffiti. In addition, any emergency Containers placed at schools and at City Hall or other City Facilities Premises pursuant to Article 18 must likewise be kept free of graffiti.

10.2.6 Collection and Emptying of Containers.

After emptying each Container as part of the Collection services provided by Contractor under this Agreement, Contractor shall replace it in its Set-Out Site.

Contractor may not randomly place bins in public areas unless they are preapproved for the location and delineated by safety cones as approved by the director.

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Section 10.3 Contractor Service Standards.

10.3.1 General Service Requirements.

Contractor shall perform all services provided under this Agreement in a prompt, thorough, comprehensive, reliable, courteous and professional manner so that Customers receive highquality Collection services at all times. Contractor shall perform all services under this Agreement regardless of weather conditions and difficulty of Collection, subject to the exceptions set forth in Sections 6.2 and 23.2.

10.3.2 Customer Litter.

In the event Contractor repeatedly observes littered Solid Waste outside a Container set out by a Customer for Collection, Contractor shall discuss ways to prevent littered Solid Waste directly with the Customer. In the event that this situation persists, Contractor shall report its discussion with the Customer to City.

10.3.3 Contractor Litter.

Contractor shall immediately clean up and Collect all Solid Waste spilled, scattered or littered while performing the services under this Agreement and pursuant to Section 6.4.4, including, but not limited to, lifting and emptying Containers and driving from or between Collection stops and tracking Solid Waste onto any alley, street or public place. Contractor shall equip each Collection vehicle with a broom, shovel and absorbent material.

Section 10.4 Respect for Property.

10.4.1 Property Damage.

Contractor shall use due care in entering and exiting Residential Premises, Commercial Premises and City Facilities Premises. Contractor shall use paved surfaces where practicable and avoid crossing landscaped areas. Contractor shall not jump over hedges and fences.

Contractor shall close all gates it opened after making Collections. In the event a Customer specifically directs Contractor to drive on private driveways or pavement in the course of providing Solid Waste Handling Services under this Agreement, Contractor may request that the Customer provide Contractor a waiver of damage liability and/or indemnification. Any physical damage caused by the negligent or willful acts or omissions of Contractor to public or private property shall be repaired or replaced by Contractor at Contractor’s sole expense.

Disputes between Contractor and its Customers as to damage to private property are civil matters and Complaints of damage shall be referred to Contractor as a matter within its sole responsibility and as a matter within the scope of Section 16.1.

Contractor shall include a description of any Customer notice of damage, including status of resolution, in its Quarterly Report set forth in Section 13.4. Except as provided in Article 16 and Subsection 10.4.2, this Agreement does not purport to affect, in any way, Contractor’s civil liability to any third parties.

10.4.2 Pavement Damage.

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paved, which is caused by the operation of the Contractor’s vehicles while providing services within the City under this Agreement will be repaired or replaced by Contractor at Contractor’s Sole expense. Contractor shall understand that the exercise of this Agreement may involve the operation of its collection vehicles over privately owned roads and streets. Contractor is authorized to require releases from the owner(s) of such private roads or streets as a condition precedent to the provision of curbside service to adjoining customers. Any disputes between Contractor and its Customers as to damages to private pavement are civil matters and complaints of damage will be referred to Contractor as a matter of sole responsibility and as a matter within the Scope of Section 16.1.

10.4.3 Utilities.

Any damage to any utilities, whether located on public or private property, resulting from the negligence of Contractor shall be repaired or replaced by Contractor at Contractor’s sole expense.

Section 10.5 Customer Service Complaints, Standards and Violations.

10.5.1 Customer Service Complaints.
a. All service complaints must be directed to the Contractor. Daily logs of complaints concerning collection of solid waste must be retained for a minimum of 24 months and must be available to the City at all times upon request. b. The Contractor must log all complaints. This log must include the date and time the complaint was received, name, address and telephone number of caller, description of complaint, employee recording complaint, and the action taken by the Contractor to respond to and remedy complaint. All written customer complaints and inquiries must be date-stamped when received. All complaints must be initially responded to within one business day of receipt. The Contractor must log action taken by the Contractor to respond to and remedy all complaints.
c. All customer service records and logs kept by the Contractor will be available to the City upon request and at no cost to the City. The City shall, at any time during regular Contractor business hours, have access to the Contractor’s customer service department for purposes that may include monitoring the quality of customer service or researching customer complaints.

10.5.2 Resolution of Customer Complaints
a. Disputes between the Contractor and its customers regarding the services provided under this Agreement may be resolved by the City Manager. The decision of the City Manager shall be final and binding.
b. Intervention by the City is not a condition precedent to any rights or remedies third parties might otherwise have in any dispute with Contractor. Nothing in this section is intended to affect the remedies of third parties against the Contractor.

10.5.3 Reimbursement of City Cost.

Contractor acknowledges that City is not responsible for taking, responding to or resolving Customers’ questions, Complaints and disputes.

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Section 10.6 Customer Privacy and Customer Mailings.

Contractor shall strictly observe and protect the rights of privacy of Customers. Information identifying individual Customers, or the composition or contents of a Customer's Solid Waste or Source Separated Recyclables shall not be revealed to any Person, governmental unit, private agency or Contractor, unless required by law or upon authorization of the Customer.

This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of Solid Waste characterization studies or waste stream analyses that may be required by the Act.

Contractor shall not market or distribute mailing lists with the names and addresses of Customers.

The rights accorded Customers pursuant to this Section shall be in addition to any other privacy rights accorded Customers pursuant to federal and state law.

Section 10.7 Means of Communicating with Customers and City.

10.7.1 Office Hours.

Contractor shall maintain an office with assigned personnel. Contractor’s office hours shall be from 8:00 a.m. to 5:00 p.m. Monday-Friday and 8:00 a.m. to 12:00 p.m. on Saturdays when Collection is occurring, excluding Holidays.

10.7.2 Telephone Numbers.

Contractor’s office shall be accessible by a local phone number and a toll-free number.

Contractor shall ensure that assigned personnel will answer the telephone during office hours.

Contractor shall provide an answering or call-forwarding service system to take Customer messages outside of office hours. Contractor shall answer Customer messages no later than the following Business Day.

Contractor shall maintain an emergency telephone number for use by City personnel only outside office hours. Contractor shall have a representative, or an answering or callforwarding service system to contact such representative, available at the emergency telephone number during all hours other than office hours.

At Contractor’s expense, its regular and emergency telephone numbers shall be listed in City telephone directories under both Contractor’s name and City's name. Contractor shall have the capability of responding to Customers in English, Spanish dialects and other languages necessary for communication between Contractor and its Customers.

10.7.3 Posting Contact Information.

Contractor shall post its contact information on all of its written communications with Customers, including, but not limited to Bills, non-Collection notices and newsletters.

10.7.4 Web Site.

Contractor shall maintain a web site with content acceptable to City. Contractor shall post all of the following information on its web site:

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a. Explanation of the Solid Waste Handling Services provided under this Agreement; and b. A link to City’s web site; and
c. A link to programs or facilities where Customers can legally discard different wastes; and
d. Contractor’s contact information; and
e. Other information related to Solid Waste management upon City request.

Section 10.8 Education and Public Relations.

All written documents, notices and other printed materials provided to Customers pursuant to this Section shall be submitted to City for approval no less than five (5) business days prior to submission of the materials to Customers.

10.8.1 Customer Orientation Packet.

Contractor shall develop and provide each Customer with a Customer Orientation Packet at the start of services under this Agreement, including the restart of service that has been terminated. The Customer Orientation Packet shall include an explanation of the Customer’s current services, an explanation of the Solid Waste Handling Services provided under this Agreement and an explanation of set-out instructions.

10.8.2 Customer Service Summary.

Contractor shall provide Customers a Customer service summary annually explaining the Customer’s current services provided under this Agreement and notice that an explanation of the Solid Waste Handling Services provided under this Agreement are available on Contractor’s web site or upon request.

10.8.3 Quarterly Newsletter.

Contractor shall produce a quarterly newsletter designed to promote safe Solid Waste handling, Recycling and Diversion. Contractor shall email the newsletter to Customers that receive Bills on-line and/or request electronic communication; otherwise, the newsletter shall be distributed via United States Postal service mail as bill inserts, and/or download from the City-dedicated webpage on Contractor’s website.

10.8.4 Customer Satisfaction Survey.

City may conduct Customer service satisfaction surveys. Contractor may review and comment upon the survey form and content. Contractor shall cooperate with City in conducting the survey. Contractor may obtain a copy of the survey results.

10.8.5 Additional Information.

Contractor shall produce and distribute additional education materials upon City request at Contractor’s expense up to the Contractor monetary contribution set forth in this Section and at City’s expense thereafter. Contractor may produce and distribute additional materials subject to approval by City pursuant to this Section.

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10.8.6 Program Outreach and Tracking
Contractor shall provide detailed outreach material and tracking data for all sectors serviced in accordance with SB 13811383, other state mandate programs and Carpinteria Municipal Code Chapter 8.08, Article V.

ARTICLE 11 OWNERSHIP OF SOLID WASTE
Except as otherwise provided under State law, ownership and the right to possession of Solid Waste, including Organic Waste and Recyclables, shall transfer directly from the Customer to Contractor upon Collection by Contractor. At no time shall City obtain any right of ownership or possession of Solid Waste or Hazardous Waste placed for Collection and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights.

ARTICLE 12 RATES, FEES AND BILLING
Section 12.1 Maximum Rates.

In consideration of and as compensation for the performance of Solid Waste Handling Services, Contractor shall, in its sole discretion, establish, charge and collect Customer Rates, which shall not exceed the Maximum Rates. The Maximum Rates shall be the maximum amount Contractor may charge Customers as full, entire and complete compensation due to Contractor pursuant to this Agreement for performance of all Solid Waste Handling Services required by this Agreement.

The Maximum Rate Schedules as of the Services Initiation Date are provided in Exhibit B.

Contractor is under no obligation to charge the Maximum Rates. Contractor shall impose no other charges for any services provided to Customers, unless approved in writing by City, except for those charges provided in Exhibit C: Administrative Charges pursuant to this Article.

12.1.1 Multifamily Recycling Maximum Rates.

The Multifamily Recycling Maximum Rates effective July 1, 2024 are shown in Schedule 2 of Exhibit B. To protect public health and safety, the Multifamily Recycling Maximum Rates shall increase by 20 percent (exclusive of any increase pursuant to section 12.3 of this Agreement) on July 1 annually over the following three years. By July 1, 2027, the Maximum Rates for Multifamily Recycling shall be equivalent to the Maximum Rates for Commercial Recycling.

These annual increases in Maximum Rates do not obligate Contractor to increase Customer Rates. Any increases to Multifamily Recycling Customer Rates up to the applicable Multifamily Recycling Maximum Rates are at Contractor’s sole discretion.

Section 12.2 Residential and Commercial AB 939 Fees
In addition to the amount billed by the Contractor for services rendered hereunder, each quarterly billing shall include the surcharge in the amount of 13% of gross receipts for all residential container service and 11% of gross receipts for all commercial bin services per month. This fee shall be collected by the Contractor and paid to the City quarterly in addition to the fees paid pursuant to Section 12.8.2. The fees shall be deposited by the City into the City’s Solid Waste Fund.

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Section 12.3 Escalation.

All maximum rates shall be subject to escalation beginning on July 1, 2023. The rate shall be escalated only if the Contractor is in full and complete compliance with the obligations of this Agreement.

Such escalation shall be calculated by computing the percentage change in the CPI index for the twelve month annual average period ending June 30 of each year, and multiplying the applicable amount to be escalated by 100% (one hundred) of that percentage change in the CPI. The maximum annual CPI request shall not exceed 4% with a base of 0.0%.

The Consumer Price Index (CPI) used shall by the Consumer Price Index-All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim, CA, not seasonally adjusted, all items index, annual average, as published by the United States Department of Labor, Bureau of Labor Statistics.

The calculation to determine the CPI multiplier is as follows: (Example only) a. Current year CPI, Annual Average 224.6
b. Previous Year CPI, Annual Average 221.4
c. Change in Index (Line 1 minus Line 2) 3.2
d. % Increase (3.2/221.4)X100 = 1.44%
As defined, an annual average is comparing 1(one) 12 month period against another 12 month period.

The Contractor shall deliver to the City notification of the rate escalation, with supporting data and calculations, by April 1 prior to the rate increase becoming effective. Failure of the Contractor to escalate its rates pursuant this subsection in any one year shall result in the Contractor waiving its right to escalate the rates for that year.

Section 12.4 Adjustment of Rates.

In addition to the annual escalation provided in Section 12.3, commencing on July 1, 2024, the Contractor may apply for an increase in the maximum rates, if the Contractor can demonstrate that the Contractor’s operational costs have substantially increased or there has been a material change in the law. For the purpose of this section, operational costs shall be defined as: Motor vehicle fuel, Insurance, Contractor’s personnel costs (salaries and benefits), equipment repair costs, processing fees, tipping fees, and equipment purchases. When applying for an increase, the Contractor shall submit to the City, by April 1 of each year, information in support of the adjustment. Additional factors to be taken into consideration in connection with the adjustment request will include, but are not limited to:
a. Overall customer satisfaction
b. Satisfactory compliance with all provisions of this Agreement c. Contractor has complied with solid waste diversion requirements in all sectors as defined and mandated by the state of California and implemented by the City of Carpinteria.

Contractor shall submit any and all data requested in the format prescribed by the City Manager.

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reasonable judgment, make the final determination on the appropriate amount of the adjustment, if any. A requested adjustment may not be denied in the case of changed or additional services requested by the City, additional reporting required by the City, the City’s designation of a disposal site or processing facility, any change in the Municipal Code affecting the Contractor’s operations, or changes in state or local government solid waste fees and charges. Any such rate adjustment approved by the City Manager shall become effective on July 1.

Any change in in facility tipping fee or processing fee shall result in an automatic rate adjustment in an amount of the change plus applicable governmental fees. The tip fee shall be apportioned to the residential and commercial customers in accordance with the volume and frequency of their service.

Any change in governmental fees, including but not limited to fees imposed by the City, such as AB 939 fees, shall result in an automatic rate adjustment in the amount of the change in said governmental fee.

Contractor shall give a minimum of 15 (fifteen) days written notice to all customers as approved by the city of any such change in rates to the customers under Section 12.

Section 12.5 Rate Adjustment Dispute.

Any dispute regarding the computation of a rate adjustment shall be decided by City. A rate adjustment computation decision may be appealed by Contractor in accordance with the procedures provided in Article 19. The Maximum Rates in effect at the time a rate adjustment dispute is submitted to City shall remain in effect pending resolution of that dispute. The date a Maximum Rate is determined to be effective through the dispute resolution procedures provided in Article 19, shall be the next immediate Billing cycle of Contractor after the date of dispute resolution.

Section 12.6 Competitive Rate Guarantee.

Contractor guarantees that upon the Services Initiation Date of this Agreement that the Customer Rates and/or the Maximum Rates shall not be greater than the Comparable Rates charged for Similar Service to Residential and Commercial Customers in the Local area.

In the event that, as of the Services Initiation Date, the Customer Rates set by Contractor and/or the Maximum Rates provided in Exhibit B are greater than any of the Comparable Rates for Similar Service, City shall notify Contractor of its obligations under this Section. Such notification shall specify the Customer Rates and/or the Maximum Rates that are greater and are subject to adjustment under this Section. Within sixty (60) Days of receipt of such notice, Contractor shall ensure that any Customer Rates are not greater than the Comparable Rates for Similar Service Area.

Section 12.7 Franchisee Quarterly Fees.

Contractor shall pay to City the Franchisee Quarterly Fees as set forth in this Section.

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12.7.1 Calculation of Franchisee Quarterly Fees.

The Franchisee Quarterly Fees shall be comprised of the Franchise Fee for the Residential and Commercial sectors. Contractor shall calculate the Franchisee Quarterly Fees as follows:
a. Calculate the Total Billings for the preceding quarter broken out into Residential Container Service and Commercial Bin Service; and
b. Multiply the Residential Gross Receipts by 0.08 (Franchise Fee); and c. Multiply the Commercial Gross Receipts by 0.08 (Franchise Fee);

12.7.2 Payment of Franchisee Quarterly Fees.

Contractor shall pay the Franchisee Quarterly Fees for the prior quarter to City on or before the thirtieth (30th) Day of the following month. Should any such due date fall on a weekend or Holiday in which City Hall is closed, payment shall be due on the first business Day thereafter.

Franchisee Quarterly Fees shall be submitted to City with the calculation form provided in Exhibit F, which includes a statement certified by an officer of Contractor attesting to the accuracy of the amounts paid.

Section 12.8 Customer Billing.

12.8.1 Contractor to Bill.

Contractor shall prepare and mail Bills for services provided by Contractor and shall receive Customer payments according to this Section.

12.8.2 Frequency.

Contractor shall Bill Residential Customers for Cart services bi-monthly in advance of services provided. Contractor shall Bill Residential Customers for Bin services and Commercial Customers for all services monthly in arrears of services provided. Contractor shall submit Bills to Customers no sooner than the first day of the Billing period.

12.8.3 Automated Billing and Payment.

Contractor shall make available to all Customers a web site-based electronic Billing and payment system. This system should allow Customers to view and pay Bills through Contractor’s web site. Contractor shall ensure that Customers may choose to cease receiving paper Bills and receive all Bills through email and/or Contractor’s web site. Contractor shall ensure that the web site-based electronic Billing and payment system conforms to industrystandard practice for electronic commerce security.

12.8.4 Bill Format.

Contractor shall Bill Customers using a Bill format approved by City, if Customer does not choose to cease receiving paper Bills. Bills shall be payable solely to Contractor and no other Person, including any Affiliate. Contractor shall provide City a sample Bill upon request from City. Contractor shall include inserts, announcements or other written materials with Bills according to Section 10.8.

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12.8.5 Refunds.

Contractor shall refund to Customers any overcharges, including advance payments for services that Customer subsequently canceled, within thirty (30) Days of Contractor’s receipt of Customer payment or Contractor’s discovery of the overcharge. Contractor shall pay interest at ten percent (10%) per annum from the date originally overcharged until the date refunded, or lesser amount acceptable to City.

12.8.6 Returned Check.

Contractor may charge a Customer a return check charge as set forth in Exhibit C for any payment made in the form of a check and the check could not be processed for any reason, including, but not limited to insufficient funds available, by the Customer’s financial institution and, therefore, is returned to Contractor unpaid.

12.8.7 Termination of Service; Restart Service.

Contractor may send a notice of termination of service for non-payment upon sixty (60) Days of non-payment of the Bill. Contractor may terminate Collection service no sooner than five (5) Days after sending the sixty (60) Day termination notice and may discontinue service until payment in full has been received. Contractor shall provide City a list of delinquent accounts upon request. After a Customer’s service is terminated for non-payment, Contractor may charge the Customer a restart service charge as set forth in Exhibit C to resume services.

ARTICLE 13 RECORDS AND REPORTING
Section 13.1 Record Retention.

In addition to the record retention requirements of Sections 9.2, 13.13 and 17.4, Contractor shall maintain, in electronic form at a minimum, all records relating to the services provided hereunder, including, but not limited to, route maps, customer lists, Billing records, weight tickets, maps, the Act records, and Customer Complaints, for the period during which Collection services are provided pursuant to this Agreement, and an additional period of not less than three (3) years after expiration or termination of this Agreement, or any longer period required by law. In addition, summaries of weight tickets identifying the disposition of Solid Waste Collected in City shall be kept for a period of thirty (30) years.

Section 13.2 Audits.

City shall have the right, upon reasonable advance notice, to inspect, audit and copy all of Contractor’s records relating to Contractor’s provision of services pursuant to this Agreement, including, but not limited to, route maps, customer lists, billing records, weight tickets, the Act records and Customer Complaints, Contractor’s payment of fees to City and records which may be relevant in the event of an action under CERCLA or related Claims. In the absence of extraordinary circumstances, five (5) Business Days’ notice shall be considered reasonable.

Such records shall be made available to City (or City’s designated representative) at Contractor’s regular place of business. City shall maintain any confidential or proprietary records of Contractor in confidence and shall not disclose such records except as required by any applicable public records disclosure law. Prior to destruction of records relating to the services provided pursuant to this Agreement, Contractor shall provide copies or originals of such records to City.

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Section 13.3 Overpayment or Underpayment.

Should any examination or audit of Contractor’s records reveal an overpayment or underpayment by Contractor, the amount of underpayment, plus interest compounded monthly at the maximum lawful rate, shall be paid by Contractor to City within thirty (30) Days. The amount of any overpayment shall be paid by City to Contractor in the ordinary course of business.

Section 13.4 Quarterly Reports.

The following information is the minimum required to be reported quarterly: Tons of solid waste collected by the Contractor for the previous quarter, sorted by type of service (solid waste, recycling, organic waste, roll-off) and type of account, and itemized by percentage in the total tonnage collected, and the facilities where the tonnage was processed or disposed. Quarterly reports shall include the following information:
a. Number of residential accounts billed by the Contractor, including the number of residential accounts participating in the recycling program. b. Number of multi-family residential accounts billed by the Contractor, including the number of multi-family residential accounts participating in the recycling program c. Number of commercial accounts billed by the Contractor, including the number of commercial accounts participating in the recycling program d. Identify any residential, multi-family or commercial establishment that does not subscribe for service.
e. Gross revenue received during the quarter, franchise fees, and AB 939 fees. f. Provide diversion data for Contractors accounts. This may include recycling, source reduction and reuse of materials. Third Party data shall be used in calculating diversion rates.
g. Materials recovered. Statement showing kinds of recyclable materials collected and the quantity sold by sector (in tons).
h. Number of missed collections reported to Contractor
i. Narrative summary of problems encountered (including scavenging) and actions taken with recommendations to the City, as appropriate.
j. Copies of promotional and public education materials sent during the preceding quarter. k. Copies of hazardous waste diversion records showing types and quantities, if any, of hazardous waste that was inadvertently collected, but diverted from landfilling. l. Complaint log/summary for the quarter, on a computer disc, identifying the nature of complaints and their resolution.
m. List of any instances of leaking vehicles/equipment to be identified. n. Other information or reports that the City may reasonably request.

Section 13.5 Additional Reporting.

Upon request, Contractor shall provide additional information to the City not less that two (2) weeks following an inquiry from the Director or their Designee. Additional information requested includes, but is not limited to:
a. A list of all accounts billed by the Contractor, including service address, billing address, and service levels, i.e., number of carts/bins in service by type of service (solid waste, recycling, green waste), size (32, 65, or 95-gallon, bin size) and additional cart charges; and for bins and roll-off service -- number and size of containers, type and frequency of service.
b. Disposal records and all other requested information required under Section 13.4.

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c. A complete inventory of equipment used to provide all services (such as vehicles, containers by size, and the waste stream from each type of container). d. General information about the Contractor, including a list of officers and directors, the most recent annual report and other periodic public financial reports of the Contractor, its subsidiaries and affiliated companies, that may perform services under this Agreement. e. An explanation of any changes in integrated waste management, including projections and proposed implementation dates and costs, recommended by Contractor or this Agreement, based on developments in the law or technology. Contractor’s recommendations with respect to compliance with the Act shall state the specific requirement of the Act that the implementation of the recommendation is intended to satisfy
Section 13.6 Financial Statement.

Contractor shall prepare a financial statement with respect to the Solid Waste Handling Services provided under this Agreement for each Fiscal Year within one hundred (100) Days of the close of the Fiscal Year. Contractor shall attach to the financial statement the following:
a. The accountant’s representation that Contractor’s financial statement was audited in accordance with generally accepted auditing principles; b. That the financial statement was prepared in accordance with generally accepted accounting principles, which were consistently applied; c. The financial statement fairly presents the financial position, the results of operations, the cash flow of Contractor, and contract profitability;
d. The Contractor’s Chief Financial Officer’s statement that no events subsequent to the preparation of the last financial statement submitted under this Agreement have materially changed Contractor’s financial status or condition or describing any material changes in Contractor’s financial status or conditions since the preparation of the last financial statement.

Section 13.7 Reporting Adverse Information.

Contractor shall provide City two (2) copies (one to the City Manager, one to the City Attorney) of all Claims, reports, pleadings, applications, notifications, notices of violation, communications or other material relating specifically to Contractor’s performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, CalRecycle, any local enforcement agency, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court. Copies shall be submitted to City simultaneously with Contractor’s filing or submission of such matters with said agencies. Contractor’s routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City promptly upon City's written request.

Section 13.8 Failure to Report.

The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of this Agreement and shall subject Contractor to all remedies which are available to City under this Agreement or otherwise, provided that City must follow the procedures for dispute resolution found in Article 19 before declaring any such material breach.

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Section 13.10 Costs.

All reports and records required under this Agreement shall be furnished at the sole expense of Contractor.

Section 13.11 Certification.

Contractor shall provide a certification statement, under penalty of perjury, by the responsible corporate official, that each report submitted pursuant to this Article is true and correct.

Section 13.12 Submission of Reports.

Reports shall be submitted to:

City Manager [or designated representative]
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
Contractor agrees that cooperation between Contractor and City is critical to the success of this program. City reserves the right to request from Contractor additional information reasonably and directly pertaining to this Agreement on an "as-needed" basis.

Section 13.13 CERCLA Defense Records.

City and Contractor agree that the ability to defend against CERCLA and related litigation is of great importance. For this reason, City and Contractor regard the ability to prove where Solid Waste Collected in City was taken for disposal, as well as where it was not taken, to be relevant.

Contractor shall maintain data retention and preservation systems which, in the event of litigation, can establish where Solid Waste Collected in the City was Disposed (and therefore establish where it was not Disposed) and will provide a copy of the reports required by Sections 9.1, "Hazardous Waste Inspection and Notification," 9.2, "Hazardous Waste Diversion Records," 13.4,

13.4, “Quarterly Reports,” to the City Clerk. In addition, Contractor agrees to maintain electronic copies of the foregoing reports for thirty (30) years after the end of the period during which Collection services are to be provided pursuant to this Agreement. Contractor agrees to notify City's Risk Manager and City Attorney before destroying Contractor’s copies of such records and Contractor shall provide copies or originals of such records to City. This provision shall survive the expiration of the period during which Collection services are to be provided under this Agreement.

Section 13.14 PERIODIC REVIEW
The City will periodically review the Contractor’s performance based on subscriber complaints, timely payment of sums due, statistical reporting, program progress, etc. This review will be conveyed to the City Council, and the Contractor may review the report and submit its own statement.

Section 13.15 DETAILED PERFORMANCE REVIEW
The City, at its sole discretion, may require a Performance Review subject to the terms and conditions of this Section 13.15. A qualified firm chosen by the City and under contract to City City of Carpinteria Solid Waste Franchise Agreement
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shall perform the Performance Review. The City, in it’s the sole discretion, shall select the qualified firm to conduct the Performance Review.
a. The costs of the Performance Review shall be borne by the Contractor, except that (i) Contractor shall not be obligated to pay more than $30,000.00 for any one Performance Review, and (ii) the total amount that Contractor shall be obligated to pay for Performance Reviews during the Term of this Agreement shall not exceed $50,000.00. Notwithstanding the preceding sentence, if the Performance Review finds a material breach or default in Contractor’s performance, Contractor shall in a timely manner reimburse City the total cost of the Performance Review within ten (10) days of written demand from City and the amount shall not count against the maximum reimbursement due to City for the term of this Agreement.
b. The Performance Review shall address all appropriate areas, including, but not limited to, the following areas, and shall provide specific recommendations, as appropriate, for improvement in each area:
i. Compliance with the terms of this Agreement and Applicable Law. ii. Overall organizational structure and management systems and procedures. iii. Efficiency of collection operations, including an analysis of routes, schedules and the impact to Agreement requirements.
iv. Staffing practices, including the deployment of management and supervisory personnel.
v. Financial management practices, including Contractor’s billing and collection system and its policies with regard to uncollected accounts. vi. Personnel management practices, including compensation policies and the resolution of employee grievances.
vii. Employee job and safety training, and management of Hazardous Waste. viii. Procedures for receiving and resolving subscriber complaints and concerns. ix. Procedures for the acquisition, maintenance, safety check, and replacement of equipment.
x. Utilization and management of facilities, equipment and personnel. c. The Contractor shall cooperate fully with the Performance Review, and provide within thirty (30) days of request, all operational, financial and other information deemed reasonable or convenient by City or the firm for purposes of conducting the Performance Review. The Contractor’s failure to cooperate or provide all requested information shall be considered an event of Default.
d. In conjunction with any Performance Review, City reserves the right to require changes to Contractor’s operations, which City determines to be necessary or appropriate by reason of the findings or results of the Performance Review to carry out the intent of the terms and conditions of this Agreement.

ARTICLE 14 CALRECYCLE REPORTING REQUIREMENTS
Contractor shall cooperate with City in Solid Waste Disposal characterization studies and waste stream audits and shall implement measures adequate to achieve City's source reduction, Recycling and waste stream Diversion goals for the Solid Waste stream covered by this Agreement. During the period in which Collection services are provided pursuant to this Agreement, Contractor at Contractor’s sole expense, shall submit to City information and reports necessary for City to meet its reporting obligations imposed by the State, and the regulations implementing the AB 939 and SB 1383, for the waste stream covered by this Agreement.

Contractor agrees to submit such reports and information on computer discs, or by modem, in format compatible with City's computers, at no additional charge, if requested by City.

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ARTICLE 15 COMPLIANCE WITH LAWS AND REGULATIONS
Contractor and City shall comply with all Applicable Laws, specifically including, but not limited to, RCRA, CERCLA, the Act and all applicable ordinances, resolutions, rules and other regulations of City, County and State.

ARTICLE 16 INDEMNIFICATION
Section 16.1 Indemnification of City.

Contractor shall protect, defend (with counsel reasonably approved by City), indemnify and hold harmless the Indemnitees from and against any and all Claims arising out of or resulting in any way from Contractor’s performance of its obligations, including the provision of services, under this Agreement, unless such Claim is due to the sole or active negligence or willful acts of the Indemnitees.

Contractor shall protect City and appear in and defend the Indemnitees in any Claims and actions by third parties, whether judicial, administrative or otherwise, arising out of or resulting in any way from City’s grant of this Agreement and Contractor’s performance of this Agreement, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclables" or the limits of City's authority with respect to the grant of licenses or agreements, exclusive or otherwise, asserting rights under the Commerce Clause (including the Dormant Commerce Clause and federal or state legislation governing the process for the award of Solid Waste contracts) to provide Solid Waste Handling Services, or the necessity or propriety of notice and hearing procedures required to effect any increase in Customer Rates for Contractor’s services hereunder (to the extent arising from the acts or omissions of Contractor in connection with any notice and hearing process). This provision shall survive the expiration of the period during which Collection services are to be provided under this Agreement, for Claims arising prior to the expiration of the period during which Collection services are to be provided pursuant to this Agreement.

Section 16.2 Hazardous Substances Indemnification.

Subject to the limitation provided below, Contractor agrees to indemnify, defend (with counsel reasonably approved by City), protect and hold harmless the Indemnitees from and against any and all Claims of any kind whatsoever paid, suffered or incurred by or against the Indemnitees resulting from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the H&S Code or other similar federal, state or local law or regulation, required as a result of Solid Waste Collected, transported and Disposed of by Contractor. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA and Section 25364 of the H&S Code to defend, protect, hold harmless and indemnify the Indemnitees from all forms of liability under CERCLA, the H&S Code or other similar federal, state or local law or regulation.

Notwithstanding any provision herein to the contrary, the foregoing indemnity is expressly conditioned upon the implementation by City of an effective program for minimization and proper Recycling, treatment and Disposal of Hazardous Waste generated or accumulated by Residential Premises in compliance with the Act, specifically Sections 41500 and 41802(b)(2) of the Public Resources Code. City's implementation of a program for minimization and proper Recycling, treatment and Disposal of Hazardous Waste generated or accumulated by Residential Premises shall be presumed to be in compliance with the Act, specifically Sections 41500 and 41802(b)(2) of the Public Resources Code, unless Contractor or an agency with jurisdiction has notified City City of Carpinteria Solid Waste Franchise Agreement
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that its program is not in compliance, and a final determination has been made that City's program is not in compliance with the Act, specifically Sections 41500 and 41802(b)(2) of the Public Resources Code.

With respect to Hazardous Waste Collected by Contractor pursuant to this Agreement which has been Disposed of at places owned or operated by Contractor, or by an entity under the same ownership and control of Contractor, Contractor shall deliver a Hazardous Substances Indemnification in a form satisfactory to and approved by City.

With respect to Hazardous Waste collected by Contractor pursuant to this Agreement which has been disposed of at places not owned or operated by Contractor or by an entity under the same ownership and control of Contractor, Contractor shall cause the owner or operator of the alternate facility to deliver a Hazardous Substances Indemnification in a form satisfactory to and approved by City. f such indemnification is unavailable, then Contractor shall perform due diligence environmental site assessments of the facility in accordance with current standard practices as accepted by the American Society for Testing and Materials. Contractor shall provide copies of any Environmental Site Assessments to City and shall maintain such for no less than thirty (30) years after termination or expiration of this Agreement.

Section 16.3 Proposition 218.

City intends to comply with all applicable laws concerning the Maximum Rates provided under this Agreement. Upon thorough analysis, the Parties have determined and agree that the Maximum Rates and the Customer Rates for the Solid Waste Handling Services provided under this Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among other reasons, such services are provided by a private corporation and not by City pursuant to Article 5, Contractor independently establishes, charges and collects the Customer Rates for said services within the limits established in this Agreement pursuant to Article 12, the receipt of said services is voluntary and not required of any property within City and any Owner or Occupant of property within City has the opportunity to avoid the services provided under this Agreement either through self-hauling or use of property in such a manner that Solid Waste is not generated pursuant to Article 2 and consistent with Chapter 8 of the Carpinteria Municipal Code concerning disposal of solid waste. Nevertheless, this is a legal determination which is subject to changes in the law and further interpretations of the law.

Accordingly, Contractor shall defend, indemnify and hold harmless the Indemnitees from and against any and all Claims of any kind whatsoever paid, imposed upon, endured or suffered by or assessed against the Indemnitees resulting in any form from the Maximum Rates provided for the Solid Waste Handling Services under this Agreement or in connection with the application of California Constitution Article XIIIC and Article XIIID to the imposition, payment or collection of the Customer Rates under this Agreement to the extent not prohibited by California Public Resources Code section 400059.2.

Notwithstanding the foregoing, this indemnity shall not extend to any portion of the Maximum Rates or the Customer Rates under this Agreement that is not associated with Contractor’s costs in providing service, such as governmental fees, Franchisee Quarterly Fees or charges. Nothing herein is intended to imply that California Constitution Articles XIIIC and XIIID apply to the provision of Maximum Rates for the Solid Waste Handling Services provided under this Agreement or the Customer Rates, rather this section is provided merely to allocate risk of loss as between the Parties. This section shall survive the expiration or termination of this Agreement for claims arising prior to the expiration or termination of this Agreement.

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Section 16.4 Indemnification.

Contractor’s duty to defend and indemnify herein includes payment of all fines and/or penalties imposed by CalRecycle, subject to the requirements set forth in Public Resources Code Section 40059.1, if the requirements of AB 939, AB 341, AB 1826, and/or SB 1383 and similar reenactments or corresponding regulations are not met by the City or Contractor, and such failure is: (i) due to the failure of Contractor to meet its obligations under this Agreement, or, (ii) due to Contractor delays in providing information that prevents Contractor or City from submitting reports required by AB 939, AB 341, AB 1826, and/or SB 1383 and similar reenactments or corresponding regulations in a timely manner. In the event CalRecycle provides an administrative process to challenge the imposition of a compliance order or a fine or fines, the Contractor shall be responsible for engaging consultants and/or attorneys to represent the City in any challenge. The Contractor shall also be responsible for the retention of and payment to any consultants engaged to perform waste generation studies (diversion and disposal). All consultants and/or attorneys engages hereunder are subject to the mutual agreement of the City and Contractor. The provisions of this Section shall survive the termination or expiration of this Agreement.

The Contractor’s indemnification of the City is subject to all of the following restrictions:
a. The Contractor’s obligation to indemnify the City shall not be enforceable if the CalRecycle-imposed penalty is based solely upon the failure of the City to establish and maintain a source reduction and recycling element pursuant to Sections 41000 et seq. of the Public Resources Code.
b. No payment required under the Contractor’s obligation to indemnify the City may exceed that portion of any penalty assessed by the CalRecycle against the City that was attributable to the Contractor’s breach of or noncompliance with an express obligation or requirement. Further, the Contractor shall not be liable under the indemnity obligation to the extent that the Contractor’s breach or noncompliance resulted from the City’s action or failure to act, determined as a result of judicial review, hearing or appeal to the CalRecycle.

ARTICLE 17 INSURANCE AND BONDS
Section 17.1 General Insurance Requirements.

Contractor shall secure and maintain insurance coverage meeting the requirements set forth in this Article. Contractor may use a combination of primary and excess or Umbrella insurance coverage to satisfy these requirements. If Contractor fails to fully satisfy the coverage requirements set forth herein, Contractor agrees that it shall be liable for any loss, injury, damage, attorney’s fees or defense costs, or expenses, that City incurs that would have been insurable under the required coverage, if such coverage was obtained. Contractor further agrees that any failure of City to verify the placement and continued existence of all insurance required under this Article, or City’s knowledge that such requirements are not fully satisfied, shall not be considered a waiver of such requirements, or in any way alter Contractor’s obligations to provide such coverage, unless the coverage requirements have been amended in writing properly executed by both City and Contractor.

Contractor further agrees that the General Liability Insurance and Automobile Liability Insurance required within this Article shall each include provisions, either by blanket endorsement(s), or by specific endorsement(s), satisfying the requirements of Carpinteria Municipal Code § 8.08.230 and the following:

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a. “The City of Carpinteria, and its agents, officers, and employees” shall be an additional insured under an ISO CG 2010 11/85 form, or a functional equivalent; and
b. All such insurance shall include a waiver of any subrogation rights of that insurer against “The City of Carpinteria, and its agents, officers and employees”; and
c. All such insurance shall contain provisions that the insurance is primary and non-contributing with any other insurance or self-insurance programs maintained by the City of Carpinteria, and its agents, officers, and/or employees.

Contractor further agrees that the General Liability Insurance and Automobile Liability Insurance required within this Article shall each include provisions that make Contractor responsible for the payment of any deductible or self-insured retention such that City and its agents, officers and employees shall be entitled to a dollar-one defense and indemnity as additional insured.

In addition, to the extent that any primary or excess liability policy issued to Contractor with limits of liability in excess of the minimum limits stated in this Article provides coverage to an additional insured to the extent required by contract, this Agreement shall be construed to obligate Contractor to obtain additional insured protection for City under that/those policy(ies).

The insurance policies required by this Article shall be issued by an insurance Contractor or companies admitted to do business in the State of California, subject to the jurisdiction of the California Insurance Commissioner and with a rating in the most recent edition of Best’s Insurance Reports of size category XV or larger and a rating classification of A+ or better.

Section 17.2 General Liability and Automobile Liability Insurance.

Contractor shall obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of five million dollars ($5,000,000.00) aggregate and two and a half million dollars ($2,500,000.00) per occurrence and a Commercial Automobile Liability Insurance policy with a minimum limit of two and a half million dollars ($2,500,000.00). Said insurance shall protect Contractor and City from any claims for damages for bodily injury, including accidental death, as well as from any claim for property damage, which may arise from operations, performed pursuant to this Agreement.

Section 17.3 Workers' Compensation and Employers' Liability Insurance.

Contractor shall obtain and maintain in full force and effect throughout the entire term of this Agreement full workers' compensation insurance and Employers' Liability Insurance with a minimum limit of one million dollars ($1,000,000.00) in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days in the event of termination for non-payment) by certified mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses that arise from work performed by the named insured for the City City of Carpinteria Solid Waste Franchise Agreement
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Section 17.4 Evidence of Insurance Coverage; Insurance Repository.

Simultaneously with the execution of this Agreement, Contractor shall file certificates and/or endorsements of insurance evidencing the above-required insurance coverage with the City Clerk. From time to time thereafter, Contractor shall provide substitute certificates or endorsements at least thirty (30) Days prior to any changes in coverage or limits, or a change in the carrier. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Contractor also agrees to establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this Agreement for ten (10) years after the end of the Term during which Collection services are to be provided pursuant to this Agreement.

Contractor shall notify City's Risk Manager and City Attorney before destroying copies of such policies, and Contractor shall provide copies or originals of such policies to City. This provision shall survive the expiration of the period during which Collection services are to be provided under this Agreement.

Section 17.5 Self-Insurance.

To the extent provided by law, all or any part of any required insurance may be provided under a plan of self-insurance approved by the State of California.

Section 17.6 Faithful Performance Bonds.
a. Within 15 days after the Service Initiation Date, the Contractor must provide to the City a faithful performance bond (“Performance Bond”) in the amount of Two Hundred Thousand Fifty Dollars ($250,000) for the protection of the City. The Performance Bond must be on terms acceptable to the City Manager and the City. The Performance Bond shall serve as security for the faithful performance by Contractor of all of its obligations under this Agreement.
b. Upon Contractor’s failure to faithfully perform its obligations under this Agreement, the Bonds may be assessed by City, for purposes including, but not limited to:
i. Reimbursement of costs borne by the City to correct violations of the Agreement not corrected by Contractor, after City provides notice in accordance with Article

19. ii. To provide monetary remedies or to satisfy damages assessed against Contractor due to a material breach of this Agreement; or
iii. To satisfy an order of the City Council, or a federal or state agency. c. Contractor shall deposit a sum of money or a replacement instrument sufficient to restore the Bonds to the original amount within thirty (30) Days after notice from the City that any amount has been withdrawn from the Bonds. Contractor shall be relieved of the foregoing requirement to replenish the Bonds during the pendency of an appeal from City's decision to draw on the Bonds.
d. In the event City draws on the Bonds, all of City's costs of Collection and enforcement of the provisions relating to the Bonds called for by this Article, including reasonable attorneys' fees and costs, shall be paid by Contractor. e. Any decision or order of City under this Article may be appealed by Contractor through the dispute resolution procedures provided by Article 19.

Section 17.7. Transportation pollution liability insurance.

Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall City of Carpinteria Solid Waste Franchise Agreement
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provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

ARTICLE 18 EMERGENCY SERVICE
Should Contractor, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 23.2, "Force Majeure," below, refuse or be unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of the City Manager's discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right to contract with another Solid Waste enterprise to collect and transport any or all Solid Waste which Contractor is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-four (24) hours prior written notice to Contractor during the period of such emergency, before contracting with another solid waste enterprise to collect and transport any or all Solid Waste which Contractor would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Contractor is unable to provide such services. In such event Contractor shall identify sources from which such substitute solid waste services are immediately available, and shall reimburse City for all of its expenses for such substitute services during period in which Contractor is unable to provide collection and transportation services required by this Agreement.

Contractor shall assist City in the event of local emergency, such as an earthquake, storm, flood, fire, riot or civil disturbance, by providing Collection vehicles and drivers normally assigned to the City at no charge to City.

ARTICLE 19 ADMINISTRATIVE REMEDIES; TERMINATION
Section 19.1 Notice; Response; Resolution; Appeal.

19.1.1 Notice of Deficiencies; Response
If the Director determines that Contractor’s performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the Act (including, but not limited to, requirements for Diversion, source reduction and Recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or Disposal of Solid Waste and Hazardous Waste, the Director may advise Contractor in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The Director, in any written Notification of Deficiencies, shall set a reasonable time within which Contractor is to respond. Unless the circumstances necessitate correction and response within a shorter period of time, Contractor shall respond to the written Notification of Deficiencies within thirty (30) Days from the receipt by Contractor of such written notice. Contractor may request additional time to correct deficiencies. City shall approve reasonable requests for additional time.

19.1.2 Review by Director.

The Director shall review any written response from Contractor and decide the matter. If the Director's decision is adverse to Contractor, the Director may order remedial actions to cure City of Carpinteria Solid Waste Franchise Agreement
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any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the Director determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. The Director shall promptly inform Contractor of the Director's decision. In the event the decision is adverse to Contractor, the Director shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the Director's decision and any remedial action taken or ordered. An adverse decision by the Director shall be final and binding on Contractor unless Contractor files a "Notice of Appeal" with the City Clerk (with copies to the City Manager and City Attorney) within thirty (30) Days of receipt of the notification of the adverse decision by the Director.

19.1.3 Notice of Appeal.

In any "Notice of Appeal" Contractor shall state its factual contentions and include any relevant affidavits, documents, photographs and videotapes which Contractor may choose to submit.

In addition, Contractor shall include all of its legal contentions, citing provisions of the Agreement or other laws to support its contentions. Contractor shall bear the costs of preparing any submittal to the City.

19.1.4 Review by City Manager.

Within thirty (30) Days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's decision is adverse to Contractor, the City Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement; and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with Sections

19.2 and 19.3, below. The City Manager shall promptly inform Contractor of the City Manager's decision. In the event the City Manager's decision is adverse to Contractor, the City Manager shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered.

19.1.5 Appeal.

An adverse decision by the City Manager shall be final and conclusive unless Contractor files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within ten (10) Days of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis and all legal contentions and shall include all relevant evidence, including affidavits, documents, photographs and videotapes, which Contractor may choose to submit.

Section 19.2 City Council Hearing.

If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Contractor, the City Council will set the matter for an administrative hearing and act on the matter. If the City Council elects to hear the matter, the City Clerk shall give Contractor fourteen (14) Days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following:

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a. A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options.
b. The Director's written Notification of Deficiencies; c. Contractor’s response to the Notification of Deficiencies; d. The Director's written notification to Contractor of adverse decision; e. Contractor’s Notice of Appeal;
f. The City Manager's written notification to Contractor of adverse decision; and g. The Notice of Appeal to the City Council.

Contractor’s representatives and other interested persons shall have a reasonable opportunity to be heard.

Section 19.3 City Council Determination.

Based on the administrative record, the City Council shall determine by resolution whether the decision or order of the City Manager should be upheld. If, based upon the administrative record, the City Council determines that the performance of Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor’s performance under the Agreement is not excused during the period of time prior to a final determination by City Council. The decision or order of the City Council shall be final and conclusive. Contractor has the right to seek judicial review from an appropriate court solely as indicated in Article 20. With the exception of draws on the Cash Bond, the execution of any of City's remedies under this Article shall be stayed until Contractor has exhausted its appeals under this Article and Article 20.

Section 19.4 Reservation of Rights by City.

19.4.1 Right to Terminate.

Subject to Contractor’s rights and exhaustion of its appeals under this Article and Article 20, City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following:
a. If Contractor practices, or attempts to practice, any fraud or deceit upon City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotiations which preceded the execution of this Agreement upon which City relied; b. If Contractor becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding; c. If Contractor fails to provide or maintain in full force, effect and amount, the workers compensation, liability and indemnification coverage, Cash and Performance Bonds as required by this Agreement;
d. If Contractor violates any orders or rulings of any regulatory body having jurisdiction over Contractor relative to this Agreement, in any material manner, provided that Contractor may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Contractor is entered, and (ii) the violation is not corrected or remedied within the time set forth in the written Notification of Deficiencies
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e. If Contractor ceases to provide Solid Waste Handling Services as required under this Agreement over a substantial portion of the Service Area for a period of two (2) Days or more, for any reason within the control of Contractor; f. If Contractor fails to make any payments required under this Agreement or refuses to provide City with required information, reports or test results as to a material matter in a timely manner as provided in this Agreement, and the violation is not corrected or remedied within the time set forth in the written Notification of Deficiencies g. Any other act or omission by Contractor which materially violates the terms, conditions or requirements of this Agreement and which is not corrected or remedied within the time set forth in the written Notification of Deficiencies or if Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice, if Contractor should fail to commence to correct or remedy such alleged deficiencies within the time set forth in such notice and diligently effect such correction or remedy thereafter.

Section 19.5 Cumulative Rights.

City's rights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement.

ARTICLE 20 APPEAL TO JUDICIAL COURT; HEARING PROCEDURES Either party to this Agreement at any time after exhaustion of administrative remedies, if applicable, and following the appeal procedures set forth in Articles 19, if applicable, may appeal a disputed matter to the appropriate Judicial Court having Jurisdiction pursuant to California Code of Civil Procedure section 1094.5. The venue of any proceeding hereunder shall be as indicated in Section 23.5.

ARTICLE 21 ADDITIONAL REMEDIES
In addition to the remedies set forth above, City shall have the following rights in the event of Contractor’s material breach and failure to cure following written notice from the City and as provided in Article 19:

The right to contract with others to perform the services otherwise to be performed by Contractor; and
The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Contractor, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach thereof. These listed additional remedies shall not be exclusive.

ARTICLE 22 TRANSFER OF RIGHTS; CITY CONSENT; FEES
Section 22.1 Transfer.

22.1.1 Transfer Prohibited Without City Approval.

The rights granted by this Agreement shall not be transferred, sold, hypothecated, sublet or assigned (collectively "transferred"), nor shall any of the rights or privileges herein be transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or City of Carpinteria Solid Waste Franchise Agreement
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property therein, pass to or vest in any person, either by act of Contractor or by operation of law, without the prior written consent of City expressed by a resolution of the City Council, except as otherwise provided in Subsection 22.1.2. The decision to consent to any transfer shall be at the sole discretion of City. Any attempt to do any of the foregoing with respect to any of the rights herein without the consent of City shall be void.

22.1.2 Corporate Transfers.

Any dissolution, merger, consolidation, change in control or other reorganization of Contractor resulting in the transfer of more than fifty percent (50%) of the voting stock in Contractor shall be deemed a transfer of this Agreement, provided that the following transfers shall not be considered in computing whether a cumulative total of more than fifty percent (50%) of the voting stock has been transferred:
a. Transfers to persons who are related by blood or marriage to the transferring shareholder or to a trust established for the benefit of the transferring shareholder or such or such persons; and
b. Transfers resulting from the death of the shareholder whether such transfers are made pursuant to the will of the deceased shareholder, an inter-vivos trust instrument or the laws of intestacy.

22.1.3 Transfer of Agreement; Payment of Transfer Fee.

In the event of a transfer of this Agreement, each and all of the provisions, agreements, terms, covenants and conditions herein contained to be performed by Contractor shall be binding upon any transferee.

In the event of a transfer of this Agreement, a transfer fee shall be due and payable to the City in the following amounts: during the first through fifth year of this Franchise a transfer fee of $350,000; during the sixth through tenth year of this Franchise a transfer fee of $250,000; during the eleventh through final year of this Franchise a transfer fee of $100,000. If the City does not receive the transfer fee, then any such transfer of Agreement hereunder shall have no force and effect, and will be considered a material breach of this Franchise.

ARTICLE 23 GENERAL PROVISIONS
Section 23.1 Acceptance and Waiver.

Contractor agrees to be bound by and comply with all the requirements of this Agreement.

Contractor waives any right or claim to serve City or any part of City under any prior grant of franchise, contract, license, or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code. Additionally, by and upon the execution of this Agreement, Contractor agrees to the termination of the Prior City Franchise Agreement with E.J. Harrison as of the Services Initiation Date, agrees to waive any and all rights under the Prior City Franchise Agreement with E.J. Harrison, and agrees to release and hold City harmless from any of City's obligations under that agreement (excepting, however, the right to compensation for services provided at any rates approved by City up to the Services Initiation Date); provided, however, nothing contained in this provision is intended to or shall relieve Contractor from any obligation existing under the Prior City Franchise Agreement with E.J.

Harrison pertaining to insurance, indemnification, or other legal obligations to City or Customers (as opposed to obligations to provide service pursuant to the terms thereof), or from any obligation set forth in the Prior City Franchise Agreement with E.J. Harrison which are called out as surviving City of Carpinteria Solid Waste Franchise Agreement
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the termination thereof, and all such obligations, including specifically those indemnification obligations relating to environmental laws, general liability, and the Act shall survive the termination of the Prior City Franchise Agreement with E.J. Harrison.

Section 23.2 Force Majeure.

Contractor shall not be in default under this Agreement in the event that the Collection, transportation and/or Disposal services of Contractor are temporarily interrupted for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting City; sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the reasonable control of Contractor. "Other catastrophic events" does not include the financial inability of Contractor to perform or failure of Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public entity where such failure occurs where Contractor has failed to exercise reasonable diligence. In the event a labor disturbance interrupts collection and transportation of Solid Waste, and/or disposal of Solid Waste by Contractor as required under this Agreement, City may elect to exercise its rights under Article

19. Section 23.3 Computer Hardware and Software.

Contractor will be required to obtain all necessary computer software, hardware, supplies, personnel and training at Contractor’s expense to comply with the City's reporting requirements.

Contractor will incur all costs of moving computers, including phone lines in the event they need to relocate. Contractor will maintain a computerized data base, with the capacity to maintain an account history of at least eighteen months. Any older account information will be maintained on diskettes, tape, zip drive, or other electronic format for the full term of the contract and a period of three (3) years after termination or expiration of this Agreement, except as otherwise expressly provided for herein. City shall have access to these records during regular business hours.

Section 23.4 Independent Status.

Contractor is an independent entity and not an officer, agent, servant or employee of City.

Contractor is solely responsible for the acts and omissions of its officers, agents, employees, Contractors and sub-contractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor, nor an arrangement for the disposal of hazardous substances. Contractor nor its officers, employees, agents or sub-contractors shall obtain any rights to retirement or other benefits, which accrue to City employees.

Section 23.5 Law to Govern; Venue.

The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts of laws. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the District of California in which City is located.

Section 23.6 Act Amendments.

This Agreement is part of City's efforts to comply with the provisions of the California Integrated Waste Management Act of 1989, ("Act") as it from time to time may be amended and as implemented by the regulations of CalRecycle its successor agency ("Regulations"), as they from City of Carpinteria Solid Waste Franchise Agreement
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time to time may be amended, and the City's Source Reduction and Recycling Element, as it may be amended from time to time. In the event that the Act or other state or federal laws or regulations enacted or amended after this Agreement has been executed prevent, preclude, or eliminate the need for compliance with one or more provisions of this Agreement, or significantly increase Contractor’s costs, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. In the case of an amendment to the laws which has the effect of eliminating the need for a service provided for in this Agreement and City informs Contractor that City desires to discontinue the service, City and Contractor shall negotiate a reduction in rates. In the case of an amendment to the laws that increases the cost of Contractor’s service, Contractor may seek a rate increase to offset the costs directly attributable to the amended or newly enacted provision of law or regulations.

Section 23.7 Amendments.

All amendments to this Agreement shall be in writing, duly executed by the parties. Purported oral amendments shall be void and of no force or effect.

Section 23.8 Notices.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, addressed as follows:

To City: City Manager
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
Copy to: Public Works Director/Designee
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
Copy to: Carpinteria City Attorney
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
To Contractor: Mr. Daniel Harrison, Contract Manager
E.J. Harrison & Sons, Inc.

P.O. Box 4009
Ventura, CA 93007
or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, upon the date of the return receipt.

Section 23.9 Savings Clause and Entirety.

City of Carpinteria Solid Waste Franchise Agreement
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If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.

Section 23.10 Joint Drafting.

This Agreement was drafted jointly by the parties to this Agreement.

Section 23.11 Attorney’s Fees.

In the event that litigation is brought by any Party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions herein.

Section 23.12 Entire Agreement.

This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

City of Carpinteria Solid Waste Franchise Agreement
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IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed as of the date last written below.

CITY: CONTRACTOR:

City of Carpinteria, E.J. Harrison & Sons, Inc.,
a California municipal corporations a California corporation By:______________________________ By:_____________________________ Natalia Alarcon, Mayor Daniel Harrison, Contracts Manager Date:____________________________ Date:___________________________ ATTEST:

By: _____________________________
Title: _____________________________
__________________________________
Brian Barrett, City Clerk
Date:______________________________
APPROVED AS TO ADMINISTRATION:
__________________________________
Michael Ramirez, City Manager
APPROVED AS TO FORM:
__________________________________
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
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EXHIBIT A

DEFINITIONS
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A-1 AB 341.
“AB 341” means the Assembly Bill approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded and replaced from time to time.

A-2 AB 876.
“AB 876” means the Assembly Bill approved by the Governor of the State of California on October 8, 2015, which added Section 418214 to the Public Resources Code, relating to Solid Waste as amended, supplemented, superseded, and replaced from time to time.

A-3 AB 901.
“AB 901” means Assembly Bill approved by the Governor of the State of California on October 10, 2015, which amended Section 41821.5 of, amended, renumbered and added Section 41821.6 of, and added Sections 41821.7 and 41821.8 to, the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time.

A-4 AB 939/The Act.
“AB 939,” also referred to as the “Act””, means the California Integrated Waste Management Act of 1989, California Public Resources Code Sections 40000, et. seq., as currently in force and as it may hereafter be amended from time to time or superseded, and as implemented by the regulations of the CalRecycle.

A-5 AB 1594
“AB 1594” means the Assembly Bill approved by the Governor of the State of California on September 28, 2014, which amended Sections 40507 and 41781.3 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time.

A-6 AB 1826
“AB 1826” means the Assembly Bill approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time.

A-7 Affiliate.
“Affiliate” means a Person which is related to Contractor by virtue of direct or indirect ownership interest in common management. An Affiliate includes a Person in which Contractor has a direct or indirect ownership interest, a Person which has a direct or indirect ownership interest in Contractor and/or a Person which is also owned, controlled or managed by any Person or individual which has a direct or indirect ownership interest in Contractor. 33055054.1
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A-8 Agreement.
“Agreement” means this Agreement, including all exhibits, programs, policies, and protocols as may be amended.

A-9 Applicable Law.
“Applicable Law” means all federal, State, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals or other requirements of any governmental agency having jurisdiction over the Collection, transportation, processing and Disposal of Solid Waste, Recyclables, Organic Waste and other materials Collected pursuant to this Agreement that are in force on the Effective Date and as they may be enacted, issued or amended during the Term.

A-10 Approved Facilities.
“Approved Facility” means any one of or any combination of the: Approved Construction & Demolition (C&D) Processing Facility; Approved Disposal Facility; Approved High Diversion Organic Waste Processing Facility; Approved Organic Waste Processing Facility; Approved Source Separated Recyclable Materials Processing Facility; and, Approved Transfer Facility.

A-11 Backyard Cart Service.
“Backyard Cart Service” means the provision of Collection services to a SFD in the rear or side of the SFD or other Set-Out Site of the Cart instead of Curbside.

A-12 Bill or Billing.
“Bill” or “Billing” means statements of charges for services rendered by Contractor to Customers for the Collection of Solid Waste, Recyclables, Organic Waste and other services provided by Contractor.

A-12 Bin.
“Bin” means a metal or plastic Container with a hinged lid(s) and wheels and capacity of one (1) to fifteen (15) cubic yards, which is emptied by a front-loading Collection vehicle. Includes Bins with compactors attached to increase the capacity of the bin. Bins are also known as dumpsters.

A-13 Blue Container.
“Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.

A-14 Brown Container
“Brown Container” has the same meaning as in 14 CCR Section 18982.2(a)(5.5) and shall be used for the purpose of storage and Collection of Source Separated Food Waste.

A-15 Bulky Items.
“Bulky Items” means large Solid Waste or other discarded waste that cannot or would not typically be accommodated within a Cart including, but not limited to, furniture (including chairs, sofas, mattresses, and rugs) and major appliances (washing machines, clothes dryer, hot water heaters, 33055054.1
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dehumidifiers, conventional ovens, microwave ovens, stoves, refrigerators, freezers, airconditioners, trash compactors and residential furnaces).. Bulky Items do not include abandoned automobiles or Construction and Demolition Debris.

A-16 Business Day.
“Business Day” means days (i.e., Monday through Saturday) during which Contractor’s office is open to do business with the public. Business Days do not include Holidays or Sundays.

A-17 CalRecycle.
“CalRecycle” means the California Department of Resources, Recycling and Recovery, or any successor agency, formally the California Integrated Waste Management Board which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.

A-18 Cart.
“Cart” means a plastic Container with a hinged lid and wheels and approximate (±10%) capacities of thirty-two (32), sixty-four (64) and ninety-six (96) gallons on size.

A-19 CERCLA.
“CERCLA” means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., as may be amended and regulations promulgated thereunder.

A-20 City.
“City” means the City of Carpinteria, California, a municipal corporation, as it currently exists, or as such boundaries may be adjusted.

A-21 City Facilities Premises.
“City Facilities Premises” means premises that are owned and/or operated by City or are otherwise public facilities, including, but not limited to, City facilities, parks and opens spaces and City and the Metropolitan Transit District bus shelters and public receptacles identified at the locations set forth in Exhibits D.

A-22 Claim.
“Claim” means a claim, actual damages, natural resources damages, injuries, costs, response, remediation and removal costs, losses, liabilities, causes of action, judgments, fines, penalties, interest, and expenses, including, but not limited to, reasonable attorney's and expert's fees.

A-23 Collect or Collection.
“Collect” or “Collection” means to take physical possession, transportation, and removal of Discarded Materials at Single-Family, Multi-Family, or Commercial Premises within the Jurisdiction and from Jurisdiction facilities, and Transporting the Discarded Materials to an Approved/Designated Facility for Processing, Transfer, or Disposal. 33055054.1
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A-24 Commercial or Commercial Premises.
“Commercial” or “Commercial Premises” means any premises that is not a Residential Premises or City Facility Premises upon which Solid Waste is generated or accumulated.

A-25 Commercial Recyclables Collection Service.
“Commercial Recyclables Collection Service” means Collection of Source Separated Recyclables from Commercial Customers in the Service Area and the delivery of the Recyclables to the Designated Transfer and Processing Facility.

A-26 Commercial Solid Waste Collection Service.
“Commercial Solid Waste Collection Service” means Collection of Solid Waste from Commercial Customers in the Service Area and the delivery of the Solid Waste to the Designated Disposal Site or Contractor’s Facilities.

A-27 Comparable Rate.
“Comparable Rate” means the portion of the rate received by the Solid Waste Handling Services provider, whether it be Contractor or another Person, for Similar Services.

A-28 Complaint.
“Complaint” means a distinct grievance, criticism, or objection in the form of a written letter, email or telephone call either to City or to Contractor regarding Contractor’s performance of its duties and obligations under this Agreement. Typical “Complaints” concern missed pick-ups that are not corrected, property damage caused by Contractor, unresponsiveness to requests, billing errors, and similar issues. “Complaints” exclude normal or standard service requests (e.g., exchanging a Bin or Cart), and criticisms directed at City’s Solid Waste Ordinance and its provisions.

A-29 Construction and Demolition Debris.
“Construction and Demolition Debris” means discarded building materials, recyclable construction and demolition materials, wood, packaging, plaster, rock or brick, soil, drywall, cement and rubble resulting from construction, remodeling, and repair and demolition operations.

A-30 Consumer Price Index (CPI).
“Consumer Price Index” or “CPI” means the Consumer Price Index for All Urban Consumers for the Los Angeles-Riverside-Orange County Area not seasonally adjusted.

A-31 Container.
“Container” means any receptacle used for temporary storage of Solid Waste, Recyclables, Organic Waste and other materials Collected pursuant to this Agreement including, but not limited to, metal or plastic cans, Carts, Bins, tubs and Roll-Off Boxes.

A-32 Compost
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“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the Effective Date of this Agreement, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized Facility.

A-33 Contractor.
“Contractor” means E.J. Harrison & Sons, Inc., a California corporation, or any successors.

A-34 Contractor’s Facilities.
“Contractor’s Facilities” means the E.J. Harrison & Sons, Inc. facilities.

A-35 Construction and Demolition Debris (C&D)
“Construction and Demolition Debris” means the nonhazardous waste building material, Inerts, soil, packaging, Yard Trimmings, rubble, and other used or Discarded Materials resulting from construction or demolition.

A-36 County.
“County” means the County of Santa Barbara.

A-37 Curbside.
“Curbside” means the Set-Out Site for Collection where Carts, Bins or loose materials are placed on the street or alley against the face of the curb, or where no curb exists, placed not more than five (5) feet from the outside edge of the street or alley.

A-38 Customer.
“Customer” means a Generator of Solid Waste receiving Solid Waste Handling Services from Contractor within City pursuant to this Agreement. Customer includes the Occupant, Owner, and Owner Representative, of any Residential or Commercial Premises.

A-39 Customer Rates.
“Customer Rates” means Contractor’s charges to Customers for the provision of Solid Waste Handling Services under this Agreement.

A-40 Customer’s Collection Day.
“Customer’s Collection Day” means the day of a week that Contractor regularly Collects Solid Waste from a Residential Premises or Commercial Premises.

A-41 Day.
“Day” means calendar day unless otherwise specified.

A-42 Designated C&D Processing Facility
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“Designated C&D Processing Facility” means the Gold Coast Recycling Center, which is owned and operated by Gold Coast Recycling, Inc, that is a C&D Processing Facility.

A-43 Designated Disposal Site.
“Designated Disposal Site” means the Toland Landfill located at 3500 N. Toland Road, Santa Paula, California, which is owned and operated by the County of Ventura. Contractor shall inform the city in advance if any issue is to be discussed by the County of Ventura regarding the City’s ability to dispose of waste at the Toland Landfill. This shall be done ten (10) days in advance so that the City can determine attendance at any required meetings.

A-44 Designated Organic Waste Processing Facility
“Designated Organic Waste Processing Facility” means the multiple Agromin facilities at Simi Valley Landfill, Limoneira, and Mountain View, which is owned and operated by California Wood Recycling, Inc, that is an Organic Waste Processing Facility.

A-45 Designated Transfer and Processing Facility.
“Designated Transfer and Processing Facility” means Gold Coast Recycling & Transfer Station; 5275 Colt St # 2 , Ventura, CA 93003. This is owned and operated by: E.J. Harrison and Sons.

A-46 Director.
“Director” means the Director of the City’s Public Works Department or their designee.

A-47 Discarded Materials
“Discarded Materials” are a form of Solid Waste, and shall be regulated as such. For purposes of this Agreement, material is deemed to have been discarded, without regard to whether it is destined for Recycling or Disposal, and whether or not is has been separated from other Solid Wastes, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or levied, charged, or otherwise imposed on, or paid by, the Generator or Customer in exchange for handling services. As used herein, handling services include, without limitation, the Collection, removal, Transportation, delivery, and Processing and/or Disposal of the material. Discarded Materials do not include Edible Food that is recovered for human consumption and is not discarded.

A-48 Dispose or Disposal.
“Dispose” or “Disposal” means the final disposition of Solid Waste Collected.

A-49 Disposal Fee.
“Disposal Fee” means the fee paid by Contractor to Dispose of Solid Waste at the Designated Disposal Site, otherwise known as a “tipping fee.”
A-50 Disposal Site.
“Disposal Site” means the place, location, tract of land, area, or premises in use, intended to be used or which has been used for the landfill Disposal of Solid Waste Collected, including the Designated Disposal Site.
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A-51 Diversion.
“Diversion” or “Divert” means activities which reduce or eliminate the amount of Solid Waste from Disposal at a Disposal Site.

A-52 Effective Date.
“Effective Date” means the date this Agreement becomes effective as identified in Section 4.1.

A-53 Electronic Waste (E-Waste).
“Electronic Waste” or “E-Waste” means “Covered Electronic Wastes” as defined in the Act, California Public Resources Code Section 42463, in addition to waste that is powered by batteries or electricity, including electronic equipment such as, but not limited to, television sets, computer monitors, central processing units (CPUs), laptop computers, and peripherals (e.g., external computer hard drives, computer keyboards, computer mice, and computer printers).

A-54 Environmental Laws.
“Environmental Laws” means all federal and State statutes and City ordinances concerning public health, safety, and the environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC Section 9601, et seq.; the Resource Conservation and Recovery Act, 42 USC Section 6901, et seq.; the Federal Clean Water Act, 33 USC Section 1251, et seq.; the Toxic Substance Control Act, 15 USC Section 2601, et seq.; the Occupational Safety and Health Act, 29 USC Section 651, et seq.; the California Hazardous Waste Control Act, California Health and Safety Code Section 25100, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, California Health and Safety Code Section 25300, et seq.; the Porter-Cologne Water Quality Control Act, California Water Code Section 13000, et seq.; the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5, et seq.; all as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder A-55 Fiscal Year.
“Fiscal Year” means the period commencing July 1st and ending June 30th each year.

A-56 Franchisee Quarterly Fees.
“Franchisee Quarterly Fees” means the fees or assessments imposed by City on Contractor because of its status as party to this Agreement and which, inter alia, are intended to offset the City’s expenses in administering the Franchise and to compensate City for wear, tear and damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from the exercise of the Franchise, the expenses of administering programs for Solid Waste and other environmental services, reporting requirements under the Act and other related expenses. The Franchisee Quarterly Fee is eight percent (8%) of the gross receipts as set forth in Section 12.8.

A-57 Generator.
“Generator” means any Person whose act or process produces Solid Waste, Recyclables or Organic Waste, or whose act first causes Solid Waste to become subject to regulation.

A-58 Gray Container
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“Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and Collection of Gray Container Waste or Mixed Waste..

A-59 Green Container
“Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and Collection of Organics.

A-60 Green Waste.
“Green Waste” means untreated and unpainted wood, leaves, grass clippings, weeds, pruning, brush, branches, dead plants, tree trimmings, dead trees and other organic wastes generated from landscapes and/or gardens. Green Waste does not include materials not normally produced from gardens or landscape areas, such as brick, rock, gravel, large quantities of dirt, concrete, sod, non-organic wastes, oil, and painted or treated wood.

A-61 Hazardous Waste.
“Hazardous Waste” is a material or mixture of materials which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged, or any waste which is regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under Applicable Law, including:
a. “Hazardous Waste” pursuant to Section 40141 of the California Public Resources Code, regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code, all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by Sections 25110.2, 25115, and 25117 of the California Health and Safety Code (the California Hazardous Waste Control Act), California Health and Safety Code Section 25100, et seq., and future amendments to or recodification of said statutes or regulations promulgated thereunder, including Title 23 of the California Code of Regulations Sections 2521 and 2522; b. Materials regulated under RCRA;
c. Materials regulated under the Toxic Substance Control Act; d. Materials regulated under CERCLA;
e. Materials regulated under any future additional or substitute federal, State or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste; and
f. Household Hazardous Waste.

Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over Hazardous Waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition.

A-62 Holiday(s).
“Holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

A-63 Holiday (Christmas) Trees.
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“Holiday (Christmas) Trees” means trees targeted for diversion that were purchased and used in celebration of Christmas and other Holidays in December and January.

A-64 Household Batteries.
“Household Batteries” means disposable or rechargeable dry cells (e.g., A, AA, AAA, B, C, D, 9- volt, button-type) commonly used as power sources for household or consumer products including, but not limited to, nickel-cadmium, nickel metal hydride, alkaline, mercury, mercuric oxide, silver oxide, zinc oxide, nickel-zinc, nickel iron, lithium, lithium ion, magnesium, manganese, and carbon-zinc batteries, but excluding automotive lead acid batteries.

A-65 Household Hazardous Waste.
“Household Hazardous Waste” means any Hazardous Waste generated incidental to owning or maintaining a place of residence, excluding any Hazardous Waste generated in the course of operating a business concern at a residence pursuant to California Health and Safety Code Section 25218, et seq.

A-66 H&S Code.
“H&S Code” means the California Health and Safety Code.

A-67 Indemnitees.
“Indemnitees” means City, its officers, employees, contractors, agents and volunteers.

A-68 Inerts
“Inerts” means materials such as concrete, soil, asphalt, and ceramics.

A-69 Material Recovery Facility (MRF).
“Materials Recovery Facility” or “MRF” means a permitted facility where Solid Waste, Recyclables, Organic Waste, and other materials are processed, sorted or separated for the purposes of recovering reusable or Recyclables. For the purposes of this Agreement, the MRF is the Designated Transfer and Processing Facility.

A-70 Maximum Rate.
“Maximum Rate(s)” means the maximum monetary amounts that may be charged a Customer by Contractor for providing Collection services of Solid Waste, Source Separated Recyclables, Organic Waste and other services provided Residential Premises and Commercial Premises pursuant to Section 12.1 and as shown in Exhibit B.

A-71 MFD Recyclables Collection Service.
“MFD Recyclables Collection Service” means Collection of Source Separated Recyclables from MFD Customers in the Service Area and the delivery of the Recyclables to the Designated Transfer and Processing Facility.

A-72 MFD Solid Waste Collection Service.
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“MFD Solid Waste Collection Service” means Collection of Solid Waste from MFD Customers in the Service Area and the delivery of the Solid Waste to the Designated Disposal Site.

A-73 Mulch.
“Mulch” means a material used for landscaping, soil amendment or erosion control that results from the mechanical breakdown (chipping and/or grinding) of materials, including, but not limited to, Organic Waste, yard trimmings and wood byproducts. SB 1383 Regulations (14 CCR Section 18993.1) require that Jurisdictions procure recovered Organic Waste products to meet an annual recovered Organic Waste product procurement target. Mulch may be procured to fulfill this procurement target if the Mulch meets specific conditions specified in SB 1383 Regulations (14 CCR Section 18993.1(f)(4)).

A-74 Multi-Family Dwelling (MFD).
“Multi-Family Dwelling” or “MFD” means all dwelling units, whether detached or attached, of five (5) or more units, including triplexes, fourplexes, apartments, condominiums, townhomes, mobile homes or motor homes located on a permanent site intended for or capable of being utilized for residential living other than a hotel or motel.

A-75 Multi-Family Dwelling (MFD) Complex.
“Multi-Family Dwelling Complex” or “MFD Complex” means Multi-Family Dwellings that have centralized Collection for all dwelling units in the complex and are billed to one address.

A-76 Occupant.
“Occupant” means a Person who occupies a Residential Premises or Commercial Premises.

A-77 On-Call Service.
“On-Call Service” means Collection service provided by Contractor that is scheduled no less than twenty-four (24) hours in advance. On-Call Service is initiated by a Customer contacting Contractor pursuant to Section 10.7. On-Call Services provided pursuant to Article 5 are not Unscheduled Services.

A-78 Organic Waste
“Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green waste, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46).

Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

A-79 Overloaded.
“Overloaded” means the amount of Solid Waste or Source Separated Recyclables placed in or adjacent to a Bin that is in excess of the Bin capacity.

A-80 Owner.
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“Owner” means the Person holding legal title to the real property constituting the Residential Premises or Commercial Premises.

A-81 Party.
“Party” means City and Contractor, individually or together.

A-82 Permitted Set-Out Site.
“Permitted Set-Out Site” means the Set-Out Site mutually agreeable to the Customer and Contractor when it is determined by Contractor that Curbside Cart Collection by an automated Collection vehicle is not possible for reasons including, but not limited to, irregularly designed streets, lack of suitable Curbside placement or streets with no place for an automated Collection vehicle to turn around at the end, or the Set-Out Site mutually agreeable to the Customer and Contractor for Bins, which shall not be within the public right-of-way.

A-83 Person.
“Person” means any individual, firm, agency, Contractor, limited liability Contractor, cooperative, association, organization, partnership, limited partnership, public or private corporation, consortium, trust, joint venture, commercial entity, regulatory authority, governmental entity, including the United States, the State, counties, towns, cities, or special purpose districts, or any other legal entity.

A-84 Process, Processed, or Processing
Processing” means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

A-85 RCRA.
“RCRA” means the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901, et seq., as may be amended and related federal, State and local laws and regulations.

A-86 Recyclables.
“Recyclable(s)” means materials that are part of the Solid Waste stream which can be Recycled consistent with the requirements of the Act. As of the Effective Date, Recyclables includes the following items, as well as any additional materials that Contractor may request to add from time to time upon the written consent of City: newsprint (including inserts, coupons and store advertisements); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, milk and juice cartons, office ledger paper, legal pad backing, shoeboxes and telephone books); glass containers (including brown, clear, blue and green glass bottles and jars); aluminum (including beverage containers and foil products); small scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); steel including “tin” cans, aerosol cans (empty, non-toxic products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); bimetal containers; all plastics (Types #1-7), except expanded Polystyrene (EPS); aseptic packaging; textiles; and Household Batteries. 33055054.1
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A-87 Recycle.
“Recycle(d)(ing)” means the process of sorting, cleansing, treating and reconstituting of Recyclables, which would otherwise be Disposed of at a Disposal Site, for the purpose of returning the Recyclables to the economy in the form of raw materials for reused, remanufactured or reconstituted products. Recycling includes processes deemed to constitute a reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

A-88 Residential or Residential Premises.
“Residential” or “Residential Premises” means of, from, or pertaining to Single-Family Dwellings (SFD) and Multi-Family Dwellings (MFD), including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, cooperative apartments, MFD Complexes and other dwelling units where people reside.

A-89 Reuse
“Reuse” or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2).

A-90 Roll-Off Box.
“Roll-Off Box(es)” means a Container with a capacity from ten (10) to forty (40) cubic yards, which is typically pulled onto a roll-off vehicle used to transport Solid Waste. A Roll-Off Box may be open topped or enclosed with or without a compaction unit (compactor).

A-91 Roll-Off Box Collection Service.
“Roll-Off Box Collection Service” means Collection of Roll-Off Boxes from Commercial Customers in the Service Area.

A-92 SB 1383
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

A-93 SB 1383 Regulations
“SB 1383 Regulations” or “SB 1383 Regulatory” refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 (14 CCR 18981.1 et seq.) and amended portions of regulations of 14 CCR and 27 CCR.

A-94 Scavenging.
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“Scavenging” means the unauthorized removal of Recyclables. Scavenging is prohibited by Public Resources Code § 41950.

A-95 Self-Hauler (or Self-Haul/ing)
“Self-Hauler” or “Self-Haul” means a Person who hauls Solid Waste, Organic Waste, or recovered material they have generated to another Person, or as otherwise defined in 14 CCR Section 18982(a)(66). Self-Hauler also includes a Person who Back-Hauls waste.

A-96 Service Area.
“Service Area” means the jurisdictional boundaries of City.

A-97 Services Initiation Date.
“Services Initiation Date” means July1, 2022.

A-98 Set-Out Site.
“Set-Out Site” means the location on a Residential Premises, Commercial Premises or City Facilities Premises where Carts, Bins or loose Solid Waste are placed for Collection. Set-Out Sites include Curbside and a Permitted Set-Out Site.

A-99 SFD Organic Waste Collection Service.
“SFD Organic Waste Collection Service” means Collection of Source Separated Organic Waste from SFD Customers in the Service Area and the delivery of the Organic Waste to the Designated Disposal Site.

A-100 SFD Recyclables Collection Service.
“SFD Recyclables Collection Service” means Collection of Source Separated Recyclables from SFD Customers in the Service Area and the delivery of the Recyclables to the Designated Transfer and Processing Facility.
33055054.1
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A-101 SFD Solid Waste Collection Service.
“SFD Solid Waste Collection Service” means Collection of Solid Waste from SFD Customers in the Service Area and the delivery of the Solid Waste to the Designated Disposal Site or Contractor’s Facilities.

A-102 Sharps Waste.
“Sharps Waste” means any item generated at a Residential Premises having corners, edges, or projections capable of cutting or piercing the skin to deliver injections or for medical purposes, including, but not limited to, needles (hypodermic, pen or intravenous), needles with syringes, needles with attached tubing and lancets.

A-103 Similar Service.
“Similar Service” means the Solid Waste Handling Services provided in similar type of service, Container capacity and frequency of Collection. Similar Service for Residential Customers shall refer to an automated Cart system utilizing one Cart for Solid Waste, one Cart for Recyclables and one Cart for Organic Waste, collected not less than once per week. Similar service for Commercial Customers shall refer to Solid Waste or Recyclables Collected using Bins in which Solid Waste and Recyclables are Collected every week.

A-104 Single-Family Dwelling (SFD).
“Single-Family Dwelling” or “SFD” means all dwelling units, whether detached or attached, of no more than Five (5) units, including homes, duplexes, condominiums and townhomes.

A-105 Solid Waste.
“Solid Waste means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, dewatered, treated, or chemically fixed sewage sludge which is not Hazardous Waste, manure, and vegetable or animal solid and semisolid wastes, but does not include abandoned vehicles, Hazardous Waste, or Construction and Demolition Debris. “Solid Waste” may include Recyclables, Organic Waste, and Bulky Items if such materials are not source separated from the Solid Waste at the site of generation or Collected for Recycling, Composting or processing.

A-106 Solid Waste Handling Service.
“Solid Waste Handling Service(s)” means the Collection, transportation, storage, transfer, disposition or processing of Solid Waste.

A-107 Solid Waste AB 939 Program Fee.

Residential and commercial surcharge means 13% of Gross Annual receipts for residential customers and 11% for commercial/bin customers.
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A-108 Source Separated.
“Source Separated” means materials which otherwise would become Solid Waste, but have been segregated by the Generator, such as Recyclables or Organic Waste, for the purpose of Solid Waste, Recycling, or composting, to be Collected by Contractor or others.

A-109 State.
“State” means the State of California.

A-110 Term.
“Term” means the Term of this Agreement as set forth in Section 4.4.

A-111 Ton.
“Ton” or “Tonnage” means a unit of measure for weight equivalent to two-thousand (2,000) pounds where each pound contains sixteen (16) ounces.

A-112 Total Billings.
“Total Billings” means Billings for any and all monies, compensation, fees, charges, consideration, and revenue submitted to Customers for payment to Contractor, its Affiliates, subsidiaries, parents and any Person or entity in which Contractor has a financial interest, in connection with, arising from, or in any way attributable to the Solid Waste Handling Services carried out by or on behalf of Contractor under this Agreement, in accordance with generally accepted accounting principles.

Total Billings includes, without limitation, the Maximum Rates according to Article 12 and as set forth in Exhibit B and/or Customer Rates paid by Customers, without subtracting Franchisee Quarterly Fees or any fees or payments imposed on Contractor pursuant to this Agreement.

A-113 Toxic Substance Control Act.
“Toxic Substance Control Act” means the federal Toxic Substance Control Act, 15 U.S.C.

Sections 2601, et seq., as may be amended and related federal, State and local laws and regulations, including the Carpenter-Presley-Tanner Hazardous Substances Account Act, California Health and Safety Code Sections 25300, et seq., as may be amended.

A-114 Transfer and Processing Facility.
“Transfer and Processing Facility” means a facility primarily used for the purpose of Recycling and transferring Solid Waste from Collection vehicles to transfer vehicles to more efficiently transport Solid Waste to a Disposal Site.

A-115 Transition Plan.
“Transition Plan” means Contractor’s written transition plan as identified in and required to be submitted to City pursuant to Section 5.2 for the transition of the provision of Solid Waste Handling Services by the Previous Contractor for a portion of the Service Area to Solid Waste Handling Services provided by Contractor for the entire Service Area under this Agreement. 33055054.1
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A-116 Universal Waste (U-Waste).
“Universal Waste” or “U-Waste” means all wastes defined by Title 22 of the California Code of Regulations Sections 66273.1, et seq., including, but not limited to, Household Batteries, fluorescent light bulbs, mercury switches and E-Waste.

A-117 Unscheduled Service.
“Unscheduled Service” means services that are unscheduled or provided on an intermittent, less than monthly basis. Unscheduled Service does not include Collection services provided under this Agreement, including the services identified in Article 5 at the Maximum Rates according to Article 12 and/or Customer Rates.
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EXHIBIT B

MAXIMUM RATE SCHEDULES
33055054.1
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Schedule 1
Residential Services
Single-Family Dwellings
Proposed Residential Service Rates for Carpinteria Effective July 1st 2024 Types Description Price/Month Notes
Minimum Service
32 gallon trash, 96 gallon
recycle, 96 gallon
organics
$36.77
Basic Service
64 gallon trash, 96 gallon
recycle, 96 gallon
organics
$40.19
High Volume
96 gallon trash, 96 gallon
recycle, 96 gallon
organics
$61.64
Bin Service
3 cubic yard bin, 96 gallon
recycle, 96 gallon
organics
$291.08
Additional Fees
Returned check fee $28.25
Recyclable Material Contamination Fee (3 or
more per year)
$56.50 Per occurrence
Organic Waste Contamination Fee (3 or more
per year)
$56.50 Per occurrence
Go Back Fee $28.25 Per occurrence
Cart Exchange (in excess of 1 per year) $43.01 Per occurrence Account Cancellation Fee for Non-Payment $39.55 Per month Start Fees $16.95
Re-Start Fees for non payment $39.55
Additional Trash cart $9.83
Extra Recycle cart $0.00 1st additional barrel is free
2nd Additional Recycle cart $9.83
Extra Organics cart $9.83
Lost or damaged cart charge $67.80
Cart replacement due to damage caused by
the service recipient
$67.80 Per Occurrence
Extra Collection fee (any cart) $28.25
Extra Large Item Pickup $18.43 Per bag
On-Premise Collection (all carts) $36.28 per month
Residential Bin Rentals
Type Price Frequency
Dump $136.53 per dump
Rent after 7th day $6.05 per day
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Extra Hauls
Two free per year (bulky item pickups) $0.00
After two free
hauls
Car tires under 36" $16.42 Each
Car tires between 36" and
60"
$53.19 Each
Car tires over 60" $334.36 Each
Pallets $2.29 Each
Washer/Dryer/TV/Couch,
etc.
$43.01 Each
Freon Removal $55.29 Each
Water Heaters $24.58 Each
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Schedule 2 Multi-Family/Commercial
Commercial Rates for Carpinteria Effective July 1, 2024 Times per week 1 2 3 4 5 6
Type Size Price per Month
Trash 3 yard $272.72 $502.13 $731.56 $960.99 $1,190.42 $1,419.84 Trash 2 yard $196.33 $352.59 $508.87 $665.15 $821.44 NA Trash 1.5 yard $153.68 $272.90 $392.10 $511.31 $630.53 NA Times per week 1 2 3 4 5 6
Type Size Price per Month
*Recycle 3 yard $193.83 $376.58 $562.76 $747.25 $931.72 $1,116.21 *Recycle 2 yard $129.02 $251.73 $374.44 $497.15 $619.84 $742.53 *Recycle 1.5 yard $103.66 $195.55 $287.46 $379.37 $471.25 $563.14 Times per week 1 2 3 4 5 6
Type Size Price per Month
*Green Waste 3 yard $185.06 $359.57 $537.34 $713.50 $889.64 $1,065.79 *Green Waste 1.5 yard $98.97 $186.72 $274.48 $362.23 $449.96 $537.71 Multi Family Recycle1 3 yard $116.30 $225.95 $337.66 $448.35 $559.03 $669.72 Multi Family Recycle 1.5 yard $62.19 $117.33 $172.47 $227.62 $282.74 $337.88 Times per week 1 2 3 4 5 6
Type Size Price per Month
Organics Food Waste 32 gallon $46.41 $92.82 $139.22 $185.63 $232.04 NA Organics Food Waste 64 Gallon $46.41 $92.82 $139.22 $185.63 $232.04 NA Organics Food Waste 1.5 cubic
yard
$153.68 $272.90 $392.10 $511.31 $630.53 NA
Extra Dumps
Price: $57.58 Per Occurrence
1 As described in section 12.1.1 of this Agreement, Multifamily Recycling Maximum Rates will increase by 20 percent annually beginning July 1, 2025 until Multifamily Recycling Maximum Rates equal Commercial Recycling Maximum Rates.
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Roll Offs (Unscheduled Service) July 1, 2024
Item Price Frequency
Delivery $60.87 Per Each
Hauling $196.11 Per Each
Dump/Gold Coast Current Tip Fee Per Ton
Processing Fee $11.08 Per load
Rent after 3rd day $5.71 Per day
CIWIMP tax $0.05 Per ton
Calwood Current Tip Fee Per ton
Damage to Roll off caused by Service Recipient $457.37 Per Occurrence Dry Run/Trip Charge $85.75 Per Occurrence
Return Fee for Blocked Roll Off $85.75 Per Occurrence
Roll off Go Back or Box relocation $91.48 Per Occurrence Roll Off (no hauls in 30 days) $60.87 Per Day
Other Charges
Type Price Frequency
Bin Changes (One free every 12 months) $59.90 Each
Drive-ins/Walk-ins
$29.95
Per month
Damage to bins caused by service recipient $222.49 Per occurrence Bin Lock Installation $39.93 Per occurrence
Replacement Lock $39.93 Per Occurrence
Type Notes Price Frequency
Recyclable Material Contamination
Fee 3+ occurrences per year $114.10 Per Occurrence
Organics Waste Contamination
Fee 3+ occurrences per year $199.67 Per Occurrence
Excess of Posted Weight $85.57 Per Ton
Cart Exchange In excess of 1 free per year $39.93 Per Occurrence Cart Replacement due to damage
caused by service recipient $68.46 Per Occurrence
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EXHIBIT C

ADMINISTRATIVE CHARGES
33055054.1
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Administrative Charges
Administrative Charge Description Amount
Restart Service Charge $39.93
Return Check Charge $28.52
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EXHIBIT D

CITY FACILITIES PREMISES
33055054.1
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Public Facilities
Facility Location Service Quantity Weekly
Service
City Hall 5775
Carpinteria Ave
40 yard 1 Weekly
3 yard trash 2 Th
3 yard recycle 2 Th
64 gal recycle 2 Th
Vets Hall 941 Walnut 3 yard trash 1 M-W-F
64 gal recycle 2 Th
Community Pool 5305
Carpinteria Ave.

1.5 yard 1 F
64 gal recycle 3 Th
Carpinteria Community
Library
5141
Carpinteria Ave

1.5 yard trash 1 M-W-F

1.5 yard recycle 1 W
Parks & Open Spaces
Park/Open Space Location Service Quantity Weekly
Service
El Carro Park 5300 El Carro Lane 3 yard 2 W-F
El Carro Park 5300 El Carro Lane 36 gal 21 M-W-F
Memorial Park 1400 Santa Ynez Road 36 gal 3 M-W-F
Monte Vista Park 1100 Bailard Road 36 gal 3 M-W-F
Heath Ranch Park 1480 Charparral Drive 36 gal 3 M-W-F
Viola Fields 6145 Carpinteria Ave 36 gal 8 M-W-F
Franklin Creek Park Sterling Avenue 36 gal 2 M-W-F
Tar Pits Park Access from Campgrounds 36 gal 5 M-W-F
Salt Marsh Nature Park 101 Ash Ave 36 gal 6 M-W-F
Bluffs Park 6143 Carpinteria Ave 36 gal 6 M-W-F
Bluffs Park 6143 Carpinteria Ave 3 yard 1 M-TH
Carpinteria Tennis Courts 5305 Carpinteria Ave 36-gal 2 SUMMER Carpinteria Skate Park 5781 Carpinteria Ave 3 yard 1 W
36 gal 5 M-W-F
Beach Street Ends
Ash Avenue At beach end 3 yard 1 M-Th-S
96 gal recycle 1 M-Th-S
Holly Avenue At beach end 3 yard 1 M-Th-S
96 gal recycle 1 M-Th-S
Elm Avenue At beach end 3 yard 1 M-Th-S
96 gal recycle 1 M-Th-S
Linden Avenue At beach end 3 yard 1 M-Th-S
96 gal recycle 1 M-Th-S
Palm to Linden Trail From Palm Ave to Tomol Park 36 gal 4 3-4x/week

PUBLIC RECEPTACLES
Location/address Type Number of containers Collection
Citywide 36 gal Approximately 150 (subject
to change)
3-4x/week
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EXHIBIT E

CITY SPONSORED EVENTS
33055054.1
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City-Sponsored Event Service Level
Avocado Festival 7-36 yard bins. Must divert 75%
Independence Day Parade One 3 yard solid waste bin
One 3 yard recyclables bin
Temporary refuse containers and liners
Holiday Spirit Parade One 3 yard solid waste bin
One 3 yard recyclables bin
Temporary refuse containers and liners
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EXHIBIT F

FRANCHISEE QUARTERLY FEES FORMS
33055054.1
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FRANCHISEE RESIDENTIAL QUARTERLY FEES

PAYMENT FORM
FRANCHISEE NAME:

Total Residential Receipts for the Months of $
Less Refunds to Customers $
Gross Receipts $
8% Franchise Fee (8% x Gross Receipts) $
13% Residential AB 939 Fee (13% x Gross Receipts) $
10% Penalty (If not postmarked by the 30th of the following month) $ Total Fees and Penalty $
The undersigned affirms to be authorized and qualified to act on behalf of franchisee, has prepared this report from official accounting records, and will maintain the source documents and related permanent financial records, subject to audit, at the following address:

Authorized Signature
Print Name Date
Please mail this report and submit fees to:

City of Carpinteria: Administrative Services Department 5575 Carpinteria Avenue
Carpinteria, CA 93013
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FRANCHISEE COMMERCIAL QUARTERLY FEES

PAYMENT FORM
FRANCHISEE NAME:

Total Commercial Receipts for the Month of $
Less Refunds to Customers $
Gross Receipts $
8% Franchise Fee (8% x Gross Receipts) $
11% AB 939 Fee (11% x Gross Receipts) $
10% Penalty (If not postmarked by the 15th of the month) $ Total Fees and Penalty $
The undersigned affirms to be authorized and qualified to act on behalf of franchisee, has prepared this report from official accounting records, and will maintain the source documents and related permanent financial records, subject to audit, at the following address:

Authorized Signature
Print Name Date
Please mail this report and submit fees to:

City of Carpinteria: Administrative Services Department 5575 Carpinteria Avenue
Carpinteria, CA 93013

ATTACHMENT B
Notice

CITY OF CARPINTERIA

NOTICE TO PROPERTY OWNERS OF PUBLIC HEARING

REGARDING PROPOSED CHANGES TO SOLID WASTE RATES
Hearing Date & Time: March 24, 2025 at 5:30 pm
Hearing Location: City of Carpinteria, City Hall, City Council Chambers 5775 Carpinteria Avenue, Carpinteria, CA 93013
Why are you receiving this notice?
The City of Carpinteria (City) mailed this notice to you because you are a solid waste customer and/or the owner of record of a property that receives solid waste disposal service within the City. This notice is being provided pursuant to California Constitution Article XIIID (also known as “Proposition 218”) in an abundance of caution, in the interest of transparency, and without conceding the applicability of Proposition 218 to privately provided solid waste service. This notice describes proposed changes to the solid waste rates and gives information about a public hearing to be held on March 24, 2025 in City Council Chambers, located at 5775 Carpinteria Avenue, Carpinteria, CA 93013. If adopted, the proposed rates for solid waste service will be in effect beginning May 1, 2025.

What do solid waste rates fund?
The City contracts with E.J. Harrison and Sons, Inc. (Harrison) to provide collection services for trash, recycling, green waste and other organic waste to residential and commercial customers. Harrison is a local, privately owned trash and recycling collection company. Harrison sets and collects solid waste rates in accordance with the City’s Franchise Agreement for Solid Waste Handling Services (Franchise Agreement), which is available on the City’s website at: https://bit.ly/3Ex6u6i.

The solid waste rates include a (i) service component, (ii) disposal component, (iii) City’s franchise fee and (iv) solid waste program fee (“AB 939 Fee”). The solid waste rates may be increased annually (on July 1 of each year) to reflect changes in the Consumer Price Index (“CPI”).
1 Why are rate changes needed?
State law requires the City to meet a variety of waste reduction targets and annually report on progress. The City achieves those targets via its Solid Waste Program, providing services and programs such as: street sweeping, composting, recycling, edible food recovery, household hazardous waste collection, pollution prevention, public and school education, and spill response. Historically the City has subsidized the costs associated with its Solid Waste Program and has not collected adequate funds. The proposed 5% increase in AB 939 Fees would cover the City’s costs to implement the Solid Waste Program.

Proposed changes to solid waste rates.

The City proposes to increase the AB 939 Fee by 5% in accordance with Public Resources Code section 41901. The AB 939 Fee increase has been negotiated with Harrison, and if approved will be memorialized with an amendment to the Franchise Agreement. The proposed AB 939 Fee is commensurate with neighboring jurisdictions and is used solely for the City’s implementation of its Solid Waste Program.

The following tables summarize the current solid waste rates and proposed maximum solid waste rates. 2 If adopted, the
proposed rates for solid waste will be in effect beginning May 1, 2025. 1 The CPI used is for “All Urban Consumers” for the Los Angeles-Long Beach-Anaheim Areas, published by the United States Department of Labor, Bureau of Labor Statistics for the latest twelve-month period for which statistics are available. The formula used to calculate the percentage change is Current Year CPI minus Previous Year CPI equals Index Point Change divided by Previous Year CPI multiplied by 100 equals percent change. If that percentage exceeds 4%, the increase shall be limited to 4%. 2 The following table does not reflect any potential annual CPI adjustment that may become effective July 1, 2025. Harrison will provide separate notice at least 30 days prior to the effective date for any CPI increase.

Proposed Maximum Monthly RESIDENTIAL Solid Waste Rates
Types Description Current Rate
Proposed
Rate (5%
increase)
Notes
Minimum Service 32 gallon trash, 96 gallon recycle, 96 gallon organics $35.02 $36.77 Basic Service 64 gallon trash, 96 gallon recycle, 96 gallon organics $38.28 $40.19 High Volume 96 gallon trash, 96 gallon recycle, 96 gallon organics $58.70 $61.64 Bin Service 3 cubic yard bin, 96 gallon recycle, 96 gallon organics $277.22 $291.08 Types Description Current Rate
Proposed
Rate (5%
increase)
Notes
$26.90 $28.25 Per occurrence
$53.81 $56.50 Per occurrence
$53.81 $56.50 Per occurrence
$26.90 $28.25 Per occurrence
$40.96 $43.01 Per occurrence
$37.67 $39.55 Per month
$16.14 $16.95
$37.67 $39.55
$9.36 $9.83
$0.00 $0.00 1st additional barrel is free
$9.36 $9.83
$9.36 $9.83
$64.57 $67.80
$64.57 $67.80 Per Occurrence
$26.90 $28.25
$17.55 $18.43 Per bag
$34.55 $36.28 Per Month
Current Rate
Proposed
Rate (5%
increase)
Frequency
$130.03 $136.53 Per Dump
$5.76 $6.05 Per Day
Current Rate
Proposed
Rate (5%
increase)
Frequency
Car tires under 36" $15.64 $16.42
Car tires between 36" and 60" $50.66 $53.19 Each
Car tires over 60" $318.44 $334.36 Each
Pallets $2.18 $2.29 Each
Washer/Dryer/TV/Couch, etc. $40.96 $43.01 Each
Freon Removal $52.66 $55.29 Each
Water Heaters $23.41 $24.58 Each
Extra Recycle cart
Returned check fee
Recyclable Material Contamination Fee (3 or more per year) Organic Waste Contamination Fee (3 or more per year)
Go Back Fee
Cart Exchange (in excess of 1 per year)
Account Cancellation Fee for Non-Payment
Start Fees
Re-Start Fees for non payment
Additional Trash cart
Two free per year (bulky item pickups)
After two free
hauls
Extra Hauls
Additional Fees
Residential Bin Rentals
On-Premise Collection (all carts)
Type
Dump
Rent after 7th day
2nd Additional Recycle cart
Extra Organics cart
Lost or damaged cart charge
Cart replacement due to damage caused by the service recipient Extra Collection fee (any cart)
Extra Large Item Pickup
Proposed Maximum Monthly COMMERCIAL Solid Waste Rates
How do you file a protest or participate in the public hearing? The City will consider new solid waste rates at a Public Hearing on March 24, 2025, at 5:30 pm at the City of Carpinteria’s City Council Chambers located at 5775 Carpinteria Avenue, Carpinteria, CA 93013. You are invited to present oral or written testimony at the Public Hearing. Any owner and/or customer of record of a parcel subject to the proposed solid waste rates, or tenant directly liable for payment of the proposed solid waste rates, may submit a written protest against the proposed rate revisions. If written protests are filed for a majority of the affected parcels, the proposed solid waste rates will not be adopted.

In order for a written protest to be counted, it must include the following: a statement indicating that the identified property owner or customer of record is in opposition to the proposed solid waste rate changes; the street address or Assessor’s Parcel Number (APN) for the parcel(s) with respect to which the protest is made; and the name and signature of the owner or customer. While both property owners and tenants or customers of record may submit written protests, only one protest will be counted for each parcel. Oral protests at the Public Hearing will not be counted unless accompanied by a written protest.

Protests may be mailed or hand delivered to the City Clerk at 5775 Carpinteria Avenue, Carpinteria, CA 93013. To be counted, a signed written protest must be received by the City Clerk before the conclusion of the Public Hearing scheduled for March 24, 2025. Please identify on the front of the envelope for any written protest, whether mailed or submitted in person to the City Clerk, that the enclosed protest is for the Public Hearing on the Proposed Rate Changes – Solid Waste.

Please contact Erin Maker, Environmental Program Manager at 805.880.3415 or via email at [email protected] with questions.

Current
Rate
Proposed
Rate (5%
increase)
Current
Rate
Proposed
Rate (5%
increase)
Current
Rate
Proposed
Rate (5%
increase)
Current
Rate
Proposed
Rate (5%
increase)
Current
Rate
Proposed
Rate (5%
increase)
Current
Rate
Proposed
Rate (5%
increase)
Times per week 1 1 2 2 3 3 4 4 5 5 6 6
Type Size
Trash 3 yard $259.73 $272.72 $478.22 $502.13 $696.72 $731.56 $915.23 $960.99 $1,133.73 $1,190.42 $1,352.23 $1,419.84 Trash 2 yard $186.98 $196.33 $335.80 $352.59 $484.64 $508.87 $633.48 $665.15 $782.32 $821.44 Trash 1.5 yard $146.36 $153.68 $259.90 $272.90 $373.43 $392.10 $486.96 $511.31 $600.50 $630.53 Times per week 1 1 2 2 3 3 4 4 5 5 6 6
Type Size
*Recycle 3 yard $184.60 $193.83 $358.65 $376.58 $535.96 $562.76 $711.67 $747.25 $887.35 $931.72 $1,063.06 $1,116.21 *Recycle 2 yard $122.88 $129.02 $239.74 $251.73 $356.61 $374.44 $473.48 $497.15 $590.32 $619.84 $707.17 $742.53 *Recycle 1.5 yard $98.72 $103.66 $186.24 $195.55 $273.77 $287.46 $361.30 $379.37 $448.81 $471.25 $536.32 $563.14 Times per week 1 1 2 2 3 3 4 4 5 5 6 6
Type Size
*Green Waste 3 yard $176.25 $185.06 $342.45 $359.57 $511.75 $537.34 $679.52 $713.50 $847.28 $889.64 $1,015.04 $1,065.79 *Green Waste 1.5 yard $94.26 $98.97 $177.83 $186.72 $261.41 $274.48 $344.98 $362.23 $428.53 $449.96 $512.10 $537.71 Multi Family Recycle[1] 3 yard $110.76 $116.30 $215.19 $225.95 $321.58 $337.66 $427.00 $448.35 $532.41 $559.03 $637.83 $669.72 Multi Family Recycle 1.5 yard $59.23 $62.19 $111.74 $117.33 $164.26 $172.47 $216.78 $227.62 $269.28 $282.74 $321.79 $337.88 Times per week 1 1 2 2 3 3 4 4 5 5 6 6
Type Size
Organics Food Waste 32 gallon $44.20 $46.41 $88.40 $92.82 $132.59 $139.22 $176.79 $185.63 $220.99 $232.04 Organics Food Waste 64 Gallon $44.20 $46.41 $88.40 $92.82 $132.59 $139.22 $176.79 $185.63 $220.99 $232.04 Organics Food Waste 1.5 cubic yard $146.36 $153.68 $259.90 $272.90 $373.43 $392.10 $486.96 $511.31 $600.50 $630.53 NA
NA
Price per Month
Price per Month
Price per Month
Price per Month
Current Rate Proposed Rate
(5% increase)
$54.84 $57.58
Per Occurance
Extra Dumps
City of Carpinteria

COUNCIL AGENDA STAFF REPORT

ITEM FOR COUNCIL CONSIDERATION
Annual Progress Report on General Plan Implementation

STAFF RECOMMENDATION
Accept the 2024 General Plan Annual Progress Report and direct the Community Development Director to submit the Report to the Governor’s Office of Land Use and Climate Innovation (LCI) and the Department of Housing and Community Development.

Sample Motion: I move to accept the 2024 General Plan Annual Progress Report and to direct the Community Development Director to submit the Report to the Governor’s Office of Land Use and Climate Innovation and the Department of Housing and Community Development.

BACKGROUND
Pursuant to California State law (Government Code § 65400), each City and County is required to prepare and present an annual report to its legislative body on the status of the General Plan and progress on its implementation. The law requires that a copy of this General Plan Annual Progress Report (GP APR) be submitted to both the Governor’s Office of Land Use and Climate Innovation (LCI)
1 and the California Department of Housing and Community Development (HCD). The Community Development Department (CDD) will send the GP APR to LCI and HCD, and post the document on the City’s website, pursuant to the Council’s direction.

The GP APR is submitted separately from, but is related to, the Housing Element Annual Progress Report, which the Council discussed at its March 10, 2025 meeting. The Housing Element Annual Progress Report is included as an exhibit to the GP APR.

DISCUSSION
The General Plan identifies the central goal of the community as follows:

To preserve the essential character of our small beach town, its family-oriented residential neighborhoods, its unique visual and natural resources and its open, rural surroundings while enhancing recreational, cultural and economic opportunities for our citizens.
1 Formerly known as the Governor’s Office of Planning and Research (OPR).

Agenda Section: Other Business
Agenda Item No.: 17
Council Meeting Date: March 24, 2025
2024 General Plan Annual Progress Report
March 24, 2025