DISCUSSION
The following new sections have been added:
Section D Two-Year Budget
-year) budget, emphasizing long-range
planning and improved program management. Benefits include:
Strategic financial and operational planning
Greater forecasting accuracy
Enhanced performance measurement
Increased efficiency and cost savings
By adopting a two-year framework, the City can take a more holistic, outcome-driven approach to budgeting.
Section E Second-Year Budget
Outlines the process for reviewing and adopting appropriations for the second year of the budget cycle. Prior to the start of year two, the City Council will conduct a Mid-Cycle Budget Review to evaluate fiscal changes and program status, and approve updated appropriations as necessary. Essentially, our budget review and development process will be unchanged; however, there will be no need to create a new budget document.
Section F Operating Carryover
Authorizes the City Manager to approve the carryover of unspent operating appropriations from the first fiscal year into the second, typically for multi-year or strategic projects, ensuring continuity without requiring reappropriation by the Council. -term fiscal planning model, streamline internal
budget procedures, and improve policy alignment with existing practices.
POLICY CONSISTENCY
The addition of Sections D, E, and F to the Budget Purpose and Organization is consistent -range financial
planning. Together, these additions strengthen the City's ability to plan, allocate, and monitor resources effectively over a two-year horizon.
Update to the Budget and Fiscal Policy
April 14, 2025
FINANCIAL CONSIDERATIONS
There is no direct fiscal impact from adopting these policy additions. The revisions provide administrative and procedural clarity that will support more effective budget planning and implementation.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
None.
PRINCIPAL PARTIES EXPECTED AT MEETING
None.
ATTACHMENTS
Attachment A: Resolution No. 6387
Attachment B: Budget and Fiscal Policy (Redline)
Staff contact:
Licette Maldonado, Administrative Services Director
[email protected]; (805) 755-4448 Signature
Reviewed by: Ryan Kintz, Assistant City Manager [email protected]; (805) 755-4400 Signature Reviewed by: Michael Ramirez, City Manager [email protected]; (805) 755-4450 Signature
ATTACHMENT A
RESOLUTION NO. 6387
BUDGET AND FISCAL POLICIES Exhibit 1
-1-
BUDGET PURPOSE AND ORGANIZATION
A. Balanced Budget. The City will maintain a balanced budget. This means that:
1. Operating revenues should fully cover operating expenditures, including debt service.
2. Ending fund balance must meet minimum policy levels or other target levels established by the Council for the fiscal year.
Under this policy, it is allowable for total expenditures and uses to exceed revenues and other sources in a given year; however, in this situation, beginning fund balance should only be used to - -recurring expenditures. (See Fund Balance and Reserves policy for other circumstances when it would be appropriate to use beginning fund balance.)
B. Budget Objectives. Through its Budget, the City will link resources with goals and results by:
1. Identifying community needs for essential services.
2. Organizing the programs required to provide these essential services.
3. Describing programs and activities performed in delivering services.
4. Proposing objectives for improving the delivery of program services.
5. Identifying and appropriating the resources required to perform program activities and accomplish program objectives.
C. Measurable Objectives. The Budget will establish measurable program objectives and allow reasonable time to accomplish those objectives.
D. Two-Year Budget. The City will use a two-year Budget, emphasizing long-range planning and effective program management. Benefits of a two-year Budget include:
1. Improved Long-Term Planning
Allows cities to take a more strategic approach to financial and operational planning.
Provides a broader perspective on revenue and expenditure trends, making it easier to align funding with multi-year projects.
2. Encourages a Performance-Based Approach
Allows more time to measure and evaluate program effectiveness.
Departments can focus on long-term outcomes rather than short-term spending adjustments.
3. Greater Financial Stability and Predictability
BUDGET AND FISCAL POLICIES Exhibit 1
-2-
A biennial budget forces cities to take a longer-term approach to financial forecasting, helping decision-makers anticipate and plan for fluctuations in revenue (e.g., property taxes, sales taxes, tourism revenue).
By forecasting potential deficits over two years rather than one, cities can spread cost-saving measures over a longer timeframe, avoiding drastic cuts in any single year.
4. Increase Efficiency and Reduced Administrative Burden Budget development is a time-consuming process; a two-year cycle reduces the frequency of budget preparation, allowing staff to focus more on policy implementation and service delivery.
5. Potential Cost Savings
Reduces costs associated with frequent budget development, such as staff time and consulting expenses.
Minimizes inefficiencies related to short-term funding cycles.
E. Second Year Budget. Before the beginning of the second year of the two-year cycle, City Council will review progress during the first year via a Mid-Cycle Budget that focuses on fiscal changes from the Two-Year Budget; and approve appropriations for the second fiscal year.
F. Operating Carryover. Operating program appropriations not spent during the first fiscal year may be carried over for specific purposes typically multi-year projects - into the second fiscal year with the approval of the City Manager.
G. Budget Adoption by Resolution.
is not approved prior to the end of the fiscal year, the Preliminary Budget, except for capital outlays, H. Goal Status Reports. The status of major program objectives will be formally reported to the Council on an ongoing, periodic basis.
I. Mid-Year Budget Reviews.
amend appropriations, if necessary, based on six months of results and emerging trends since the beginning of the fiscal year.
Status: In Compliance. These practices are either in place or the Council has adopted a budget process and document for 2025-26 that meets these policy objectives. However, linking resources to outcomes and measuring performance will always be a work in progress, with ongoing improvements.
REVENUE MANAGEMENT
A. Current Revenues for Current Uses; One-Time Revenues for One-Time Purposes. The City will make all current expenditures with current revenues, avoiding procedures that balance current budgets by postponing needed expenditures, accruing future revenues or rolling over short-term debt. The City will avoid using one-time revenues to fund ongoing program costs.
BUDGET AND FISCAL POLICIES Exhibit 1
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B. Revenue Distribution. The Council recognizes that generally accepted accounting principles for accordingly, the practice of designating General Fund revenues for specific programs should be minimized in the City's management of its fiscal affairs. In those cases where it does occur, the basis Policies.
C. Grant Management. Intergovernmental assistance in the form of grants and loans will be used to finance only:
1. Capital improvements that are consistent with capital improvement plan (CIP) priorities and can be maintained and operated over time.
2. Technological upgrades or enhancements.
3. Capital acquisition items.
4. Operating programs which either can be sustained over time or have a limited horizon.
5. Other areas as determined by the Council to be in the best interest of the City.
D. Interfund Transfers and Loans. In order to achieve important public policy goals, the City has established various special revenue and capital project funds to account for revenues whose use should be restricted to certain activities. Accordingly, each fund exists as a separate financing entity from other funds, with its own revenue sources, expenditures and fund balance.
Any transfers between funds are clearly set forth in the Budget and can only be made by the Administrative Services Director in accordance with the adopted budget. These transfers, under which financial resources are transferred from one fund to another, are distinctly different from interfund borrowings, which are usually made for temporary cash flow reasons, and are not intended to result in a transfer of financial resources by the end of the fiscal year.
In summary, interfund transfers result in a change in fund balance; interfund borrowings do not, as the intent is to repay the loan in the near term.
From time-to-time, interfund borrowings may be appropriate; however, these are subject to the following criteria in ensuring that the fiduciary purpose of the fund is met:
1. The Administrative Services Director is authorized to approve temporary interfund borrowings for cash flow purposes whenever the cash shortfall is expected to be resolved within 60 days.
The most common use of interfund borrowing under this circumstance is for grant programs, where costs are often incurred before drawdowns are initiated and received. However, receipt of funds is typically received shortly after the request for funds has been made.
2. Any other interfund borrowings for cash flow or other purposes require case-by-case approval by the Council.
3. Any transfers between funds where reimbursement is not expected within one fiscal year shall be recorded under one of the following options:
BUDGET AND FISCAL POLICIES Exhibit 1
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a. Where the terms and conditions of repayment are uncertain, they should not be recorded as interfund loans but as interfund transfers that affect fund balance by moving financial resources from one fund to another. In this case, the intent to repay should be documented in the Budget or via Resolution.
b. Where repayment is more certain, long-term loans may be recorded as such; and in accordance with generally accepted accounting principles, their balance will be recorded as non-spendable fund balance. In this case, the terms and conditions of loan repayment, including need for the loan, source of repayment funds, interest rate (if any) and amortized repayment schedule, should be documented via Resolution.
Status: In Compliance. These practices are in place or the Council has adopted a budget process and document for 2025-26 that meets these policy objectives. There are currently no long-term interfund loans.
BUDGET AND FISCAL POLICIES Exhibit 1
-5-
MINIMUM FUND BALANCE AND RESERVES
A. Reserve for Fiscal Stability, Cash Flow and Contingencies The City will strive to maintain a minimum General Fund unrestricted balance (less encumbrances and reappropriation carryovers) of at least 40% of operating and debt service expenditures plus subsidy transfers to other funds for fiscal stability, cash flow and contingencies such as economic downturns, catastrophic events and unforeseen operating or capital needs. This target is based on financial management best practices and industry standards, including the risk assessment methodology for setting reserve levels developed by the Government Finance Officers Association of the United States and Canada (GFOA) in adequately addressing:
1. Economic uncertainties, local disasters, public heath crises and other financial hardships or downturns in the local or national economy.
2. Contingencies for unseen operating or capital needs, including strategic investment opportunities.
3. Unfunded liabilities such as pensions and retiree health obligations.
4. Dependency of other funds on the General Fund.
5. Institutional changes, such as State budget takeaways and unfunded mandates.
6. Cash flow requirements.
unrestricted balance falls below this target, the City will strive to restore reserves to this level within five years. As revenues versus expenditures begin moving in a positive direction, the City will allocate at least half to reserve restoration, with the balance available to fund asset replacements, unfunded liabilities, capital improvement projects, service level restorations or new operating programs.
Circumstances where taking reserves below policy levels would be appropriate include responding to the risks that reserves are intended to mitigate, such as:
1. Meeting cash flow needs during the fiscal year.
2. Closing a projected short-term revenue-expenditure gap.
3. Responding to unexpected expenditure requirements or revenue shortfalls.
4. Making investments in unfunded liability reductions, economic development and revenue base improvements, productivity improvements and similar strategic opportunities that will strengthen City revenues, reduce future costs or achieve - high-priority City goals.
5. Where a forecast shows an ongoing structural gap: providing a strategic bridge to the future by providing time to develop and implement thoughtful solutions.
BUDGET AND FISCAL POLICIES Exhibit 1
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On the other hand, the City should avoid using reserves to fund ongoing costs or projected systemic -time
(or short-term) uses.
B. General Reserve. This reserve is maintained at a level of $1,000,000 with interest earned on that balance segregated for use at the Council's direction.
C. Major Asset Replacement and Repair Reserve. Similar to the General Reserve Fund, this reserve is maintained at a level of $1,000,000 with interest earned segregated for use in the Council's discretion.
D. Future Capital Project or Other Long-Term Goal Assignments or Commitments. The Council may also commit or assign specific General Fund balance levels above the reserve targets above for fleet, facility, technology and equipment replacements; major repairs; future development of capital projects, unfunded liabilities and similar policy commitments and assignments for future purposes and long-term goals that it determines to be in the best interests of the City.
E. Other Commitments and Assignments. In addition to the minimum targets noted above, unrestricted fund balance levels will be sufficient to meet funding requirements for programs or projects approved in prior years which are carried forward into the new year; debt service reserve requirements; commitments for encumbrances; and other restrictions, commitments or assignments required by contractual obligations, state law or generally accepted accounting principles.
Status: In Compliance. The 2025-26 Budget projects that the ending reserve will meet or exceed policy minimums.
FINANCIAL REPORTING AND BUDGET ADMINISTRATION
A. Annual Reporting. The City will prepare annual financial statements as follows:
1. In accordance with best practices and industry standards, the City will contract for an annual audit by a qualified independent certified public accountant. The City will strive for an
2. The City will use generally accepted accounting principles (GAAP) in preparing its annual financial statements. The Administrative Services Director is authorized to establish Accounting Policies as needed to conform with GAAP. The City will strive to meet the requirements of the by issuing an Annual
Comprehensive Financial Report.
3. The City will issue audited financial statements within 180 days after year-end.
4. Unexpended operating appropriations lapse at year, provided however that encumbrance balances will be carried-over and reappropriated into the following fiscal year. Project-length budgets are adopted for capital projects and accordingly unexpended/unencumbered balances will be carried over and reappropriated into the following fiscal year.
BUDGET AND FISCAL POLICIES Exhibit 1
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B. Interim Reporting.
to the Council and staff. This includes on-line access for authorized users management system; monthly reports to program managers; more formal quarterly reports to the Council and Department Heads; mid-year budget reviews; and interim annual reports.
C. Budget Administration. The Council may amend or supplement the budget at any time after its adoption by majority vote of the Council members. Council approval is required for all new appropriations from fund balance. The City Manager has the authority to make administrative adjustments to the budget as long as those changes will not have a significant policy impact nor affect budgeted year-end fund balances.
D. Agenda Report Review. A Fiscal Impact Statement will be provided with each staff report submitted to the Council as part of the agenda packet.
Status: In Compliance. These practices are in place.
HUMAN RESOURCE MANAGEMENT
A. Regular Staffing
1. Unless otherwise approved by the Council to achieve one-time budgetary savings, the budget will fully appropriate the resources needed for authorized regular staffing and will limit programs to the regular staffing authorized.
2. Regular employees will be the core work force and the preferred means of staffing ongoing, year-round program activities that should be performed by full-time City employees rather than independent contractors or temporary employees. The City will strive to provide competitive compensation and benefit schedules for its authorized regular workforce. Each regular employee will:
a. Fill an authorized regular position.
b. Receive salary and benefits consistent with labor agreements or other compensation plans.
3. To manage the growth of the regular workforce and overall staffing costs, the City will follow these procedures:
a. The Council will authorize all regular positions.
b. Human Resources will coordinate and approve the hiring of all regular and temporary employees. c. All requests for additional regular positions will include evaluations of:
The necessity, term and expected results of the proposed activity.
Staffing and materials costs including salary, benefits, equipment, uniforms, clerical support and facilities.
The ability of temporary staff, overtime, private industry or other government agencies to provide the proposed service.
Additional revenues or cost savings that may be realized.
BUDGET AND FISCAL POLICIES Exhibit 1
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B. Temporary Staffing
1. The hiring of temporary employees will not be used as an incremental method for expanding the City's regular workforce.
2. Temporary employees include all employees other than regular employees, elected officials and volunteers. Temporary employees will generally augment regular City staffing as extra-help employees, seasonal employees, contract employees, interns and work-study assistants.
3. The City Manager and Department Heads will encourage the use of temporary rather than regular employees to meet peak workload requirements, fill interim vacancies and accomplish tasks where less than full-time, year-round staffing is required. Under this guideline, temporary employee hours will generally not exceed 50% of a regular, full-time position (1,000 hours annually). There may be limited circumstances where the use of temporary employees on an ongoing basis in excess of this target may be appropriate due to unique programming or staffing requirements. However, any such exceptions must be approved by the City Manager based on the review and recommendation of the Human Resources Administrator.
4. Contract employees are defined as temporary employees with written contracts approved by the City Manager who may receive approved benefits depending on hourly requirements and the length of their contract. Contract employees will generally be used for medium-term (generally between six months and two years) projects, programs or activities requiring specialized or augmented levels of staffing for a specific period.
The services of contract employees will be discontinued upon completion of the assigned project, program or activity. Accordingly, contract employees will not be used for services that are anticipated to be delivered on an ongoing basis.
5. Temporary staffing costs are limited by the approved Budget for these positions.
C. Overtime Management
1. Overtime should be used only when necessary and when other alternatives are not feasible or cost effective.
2. All overtime must be pre-authorized by the department head or delegate unless it is assumed preapproved by its nature. For example, overtime that results when an employee is assigned to standby and/or must respond to an emergency or complete an emergency response.
3. Departmental operating budgets should reflect anticipated annual overtime costs and departments will regularly monitor overtime use and expenditures.
4. When considering the addition of regular or temporary staffing, the use of overtime as an alternative will be considered. The department will consider:
a. The duration that additional staff resources may be needed. b. The cost of overtime versus the cost of additional staff. c. The skills and abilities of current staff.
d. Training costs associated with hiring additional staff. e. The impact of overtime on existing staff.
BUDGET AND FISCAL POLICIES Exhibit 1
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D. Private Sector Independent Contractors
Private sector independent contractors are not City employees. They may be used in two situations:
1. Short-term, peak workload assignments to be accomplished using personnel contracted through an outside temporary employment agency (OEA). In this situation, it is anticipated that City staff will closely monitor the work of OEA employees and minimal training will be required. However, they will always be considered the employees of the OEA and not the City. All placements through an OEA will be coordinated through Human Resources and subject to the approval of the Human Resources Administrator.
2. Construction of public works projects and delivery of operating, maintenance or specialized professional services (such as attorneys, architects, fiscal advisors, bond counsel, engineers, scientists and other consultants) not routinely performed by City employees. Such services will be provided without close supervision by City staff, and the required methods, skills and equipment will generally be determined and provided by the contractor. Contract awards will be guided by the City's purchasing policies and procedures.
Status: In Compliance. These procedures are in place.
ATTACHMENT B
BUDGET AND FISCAL POLICY (REDLINE)
BUDGET AND FISCAL POLICIES
-1-
BUDGET PURPOSE AND ORGANIZATION
A. Balanced Budget. The City will maintain a balanced budget. This means that:
1. Operating revenues should fully cover operating expenditures, including debt service.
2. Ending fund balance must meet minimum policy levels or other target levels established by the Council for the fiscal year.
Under this policy, it is allowable for total expenditures and uses to exceed revenues and other sources in a given year; however, in this situation, beginning fund balance should only be used to - -recurring expenditures. (See Fund Balance and Reserves policy for other circumstances when it would be appropriate to use beginning fund balance.)
B. Budget Objectives. Through its Budget, the City will link resources with goals and results by:
1. Identifying community needs for essential services.
2. Organizing the programs required to provide these essential services.
3. Describing programs and activities performed in delivering services.
4. Proposing objectives for improving the delivery of program services.
5. Identifying and appropriating the resources required to perform program activities and accomplish program objectives.
C. Measurable Objectives. The Budget will establish measurable program objectives and allow reasonable time to accomplish those objectives.
D. Two-Year Budget. The City will use a two-year Budget, emphasizing long-range planning and effective program management. Benefits of a two-year Budget include:
1. Improved Long-Term Planning
Allows cities to take a more strategic approach to financial and operational planning.
Provides a broader perspective on revenue and expenditure trends, making it easier to align funding with multi-year projects.
2. Encourages a Performance-Based Approach
Allows more time to measure and evaluate program effectiveness.
Departments can focus on long-term outcomes rather than short-term spending adjustments.
3. Greater Financial Stability and Predictability
BUDGET AND FISCAL POLICIES
-2-
A biennial budget forces cities to take a longer-term approach to financial forecasting, helping decision-makers anticipate and plan for fluctuations in revenue (e.g., property taxes, sales taxes, tourism revenue).
By forecasting potential deficits over two years rather than one, cities can spread cost-saving measures over a longer timeframe, avoiding drastic cuts in any single year.
4. Increase Efficiency and Reduced Administrative Burden Budget development is a time-consuming process; a two-year cycle reduces the frequency of budget preparation, allowing staff to focus more on policy implementation and service delivery.
5. Potential Cost Savings
Reduces costs associated with frequent budget development, such as staff time and consulting expenses.
Minimizes inefficiencies related to short-term funding cycles.
E. Second Year Budget. Before the beginning of the second year of the two-year cycle, City Council will review progress during the first year via a Mid-Cycle Budget that focuses on fiscal changes from the Two-Year Budget; and approve appropriations for the second fiscal year.
F. Operating Carryover. Operating program appropriations not spent during the first fiscal year may be carried over for specific purposes typically multi-year projects - into the second fiscal year with the approval of the City Manager.
C.
D.G.Budget Adoption by Resolution.
Budget is not approved prior to the end of the fiscal year, the Preliminary Budget, except for capital E.H.Goal Status Reports. The status of major program objectives will be formally reported to the Council on an ongoing, periodic basis.
F.I.Mid-Year Budget Reviews.
amend appropriations, if necessary, based on six months of results and emerging trends since the beginning of the fiscal year.
Status: In Compliance. These practices are either in place or the Council has adopted a budget process and document for 2024-24 that meets these policy objectives. However, linking resources to outcomes and measuring performance will always be a work in progress, with ongoing improvements.
REVENUE MANAGEMENT
A. Current Revenues for Current Uses; One-Time Revenues for One-Time Purposes. The City will make all current expenditures with current revenues, avoiding procedures that balance current
BUDGET AND FISCAL POLICIES
-3-
budgets by postponing needed expenditures, accruing future revenues or rolling over short-term debt. The City will avoid using one-time revenues to fund ongoing program costs.
B. Revenue Distribution. The Council recognizes that generally accepted accounting principles for accordingly, the practice of designating General Fund revenues for specific programs should be minimized in the City's management of its fiscal affairs. In those cases where it does occur, the basis Policies.
C. Grant Management. Intergovernmental assistance in the form of grants and loans will be used to finance only:
1. Capital improvements that are consistent with capital improvement plan (CIP) priorities and can be maintained and operated over time.
2. Technological upgrades or enhancements.
3. Capital acquisition items.
4. Operating programs which either can be sustained over time or have a limited horizon.
5. Other areas as determined by the Council to be in the best interest of the City.
D. Interfund Transfers and Loans. In order to achieve important public policy goals, the City has established various special revenue and capital project funds to account for revenues whose use should be restricted to certain activities. Accordingly, each fund exists as a separate financing entity from other funds, with its own revenue sources, expenditures and fund balance.
Any transfers between funds are clearly set forth in the Budget and can only be made by the Administrative Services Director in accordance with the adopted budget. These transfers, under which financial resources are transferred from one fund to another, are distinctly different from interfund borrowings, which are usually made for temporary cash flow reasons, and are not intended to result in a transfer of financial resources by the end of the fiscal year.
In summary, interfund transfers result in a change in fund balance; interfund borrowings do not, as the intent is to repay the loan in the near term.
From time-to-time, interfund borrowings may be appropriate; however, these are subject to the following criteria in ensuring that the fiduciary purpose of the fund is met:
1. The Administrative Services Director is authorized to approve temporary interfund borrowings for cash flow purposes whenever the cash shortfall is expected to be resolved within 60 days.
The most common use of interfund borrowing under this circumstance is for grant programs, where costs are often incurred before drawdowns are initiated and received. However, receipt of funds is typically received shortly after the request for funds has been made.
2. Any other interfund borrowings for cash flow or other purposes require case-by-case approval by the Council.
BUDGET AND FISCAL POLICIES
-4-
3. Any transfers between funds where reimbursement is not expected within one fiscal year shall be recorded under one of the following options:
a. Where the terms and conditions of repayment are uncertain, they should not be recorded as interfund loans but as interfund transfers that affect fund balance by moving financial resources from one fund to another. In this case, the intent to repay should be documented in the Budget or via Resolution.
b. Where repayment is more certain, long-term loans may be recorded as such; and in accordance with generally accepted accounting principles, their balance will be recorded as non-spendable fund balance. In this case, the terms and conditions of loan repayment, including need for the loan, source of repayment funds, interest rate (if any) and amortized repayment schedule, should be documented via Resolution.
Status: In Compliance. These practices are in place or the Council has adopted a budget process and document for 2024-25 that meets these policy objectives. There are currently no long-term interfund loans.
MINIMUM FUND BALANCE AND RESERVES
A. Reserve for Fiscal Stability, Cash Flow and Contingencies The City will strive to maintain a minimum General Fund unrestricted balance (less encumbrances and reappropriation carryovers) of at least 40% of operating and debt service expenditures plus subsidy transfers to other funds for fiscal stability, cash flow and contingencies such as economic downturns, catastrophic events and unforeseen operating or capital needs. This target is based on financial management best practices and industry standards, including the risk assessment methodology for setting reserve levels developed by the Government Finance Officers Association of the United States and Canada (GFOA) in adequately addressing:
1. Economic uncertainties, local disasters, public heath crises and other financial hardships or downturns in the local or national economy.
2. Contingencies for unseen operating or capital needs, including strategic investment opportunities.
3. Unfunded liabilities such as pensions and retiree health obligations.
4. Dependency of other funds on the General Fund.
5. Institutional changes, such as State budget takeaways and unfunded mandates.
6. Cash flow requirements.
unrestricted balance falls below this target, the City will strive to restore reserves to this level within five years. As revenues versus expenditures begin moving in a positive direction, the City will allocate at least half to reserve restoration, with the balance available to fund asset replacements, unfunded liabilities, capital improvement projects, service level restorations or new operating programs.
BUDGET AND FISCAL POLICIES
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Circumstances where taking reserves below policy levels would be appropriate include responding to the risks that reserves are intended to mitigate, such as:
1. Meeting cash flow needs during the fiscal year.
2. Closing a projected short-term revenue-expenditure gap.
3. Responding to unexpected expenditure requirements or revenue shortfalls.
4. Making investments in unfunded liability reductions, economic development and revenue base improvements, productivity improvements and similar strategic opportunities that will strengthen City revenues, reduce future costs or achieve - high-priority City goals.
5. Where a forecast shows an ongoing structural gap: providing a strategic bridge to the future by providing time to develop and implement thoughtful solutions.
On the other hand, the City should avoid using reserves to fund ongoing costs or projected systemic -time
(or short-term) uses.
B. General Reserve. This reserve is maintained at a level of $1,000,000 with interest earned on that balance segregated for use at the Council's direction.
C. Major Asset Replacement and Repair Reserve. Similar to the General Reserve Fund, this reserve is maintained at a level of $1,000,000 with interest earned segregated for use in the Council's discretion.
D. Future Capital Project or Other Long-Term Goal Assignments or Commitments. The Council may also commit or assign specific General Fund balance levels above the reserve targets above for fleet, facility, technology and equipment replacements; major repairs; future development of capital projects, unfunded liabilities and similar policy commitments and assignments for future purposes and long-term goals that it determines to be in the best interests of the City.
E. Other Commitments and Assignments. In addition to the minimum targets noted above, unrestricted fund balance levels will be sufficient to meet funding requirements for programs or projects approved in prior years which are carried forward into the new year; debt service reserve requirements; commitments for encumbrances; and other restrictions, commitments or assignments required by contractual obligations, state law or generally accepted accounting principles.
Status: In Compliance. The 2024-25 Budget projects that the ending reserve will meet or exceed policy minimums.
FINANCIAL REPORTING AND BUDGET ADMINISTRATION
A. Annual Reporting. The City will prepare annual financial statements as follows:
BUDGET AND FISCAL POLICIES
-6-
1. In accordance with best practices and industry standards, the City will contract for an annual audit by a qualified independent certified public accountant. The City will strive for an
2. The City will use generally accepted accounting principles (GAAP) in preparing its annual financial statements. The Administrative Services Director is authorized to establish Accounting Policies as needed to conform with GAAP. The City will strive to meet the requirements of the by issuing an Annual
Comprehensive Financial Report.
3. The City will issue audited financial statements within 180 days after year-end.
4. Unexpended operating appropriations lapse at year, provided however that encumbrance balances will be carried-over and reappropriated into the following fiscal year. Project-length budgets are adopted for capital projects and accordingly unexpended/unencumbered balances will be carried over and reappropriated into the following fiscal year.
B. Interim Reporting.
to the Council and staff. This includes on-line access for authorized users management system; monthly reports to program managers; more formal quarterly reports to the Council and Department Heads; mid-year budget reviews; and interim annual reports.
C. Budget Administration. The Council may amend or supplement the budget at any time after its adoption by majority vote of the Council members. Council approval is required for all new appropriations from fund balance. The City Manager has the authority to make administrative adjustments to the budget as long as those changes will not have a significant policy impact nor affect budgeted year-end fund balances.
D. Agenda Report Review. A Fiscal Impact Statement will be provided with each staff report submitted to the Council as part of the agenda packet.
Status: In Compliance. These practices are in place.
HUMAN RESOURCE MANAGEMENT
A. Regular Staffing
1. Unless otherwise approved by the Council to achieve one-time budgetary savings, the budget will fully appropriate the resources needed for authorized regular staffing and will limit programs to the regular staffing authorized.
2. Regular employees will be the core work force and the preferred means of staffing ongoing, year-round program activities that should be performed by full-time City employees rather than independent contractors or temporary employees. The City will strive to provide competitive compensation and benefit schedules for its authorized regular workforce. Each regular employee will:
a. Fill an authorized regular position.
b. Receive salary and benefits consistent with labor agreements or other compensation plans.
BUDGET AND FISCAL POLICIES
-7-
3. To manage the growth of the regular workforce and overall staffing costs, the City will follow these procedures:
a. The Council will authorize all regular positions.
b. Human Resources will coordinate and approve the hiring of all regular and temporary employees. c. All requests for additional regular positions will include evaluations of:
The necessity, term and expected results of the proposed activity.
Staffing and materials costs including salary, benefits, equipment, uniforms, clerical support and facilities.
The ability of temporary staff, overtime, private industry or other government agencies to provide the proposed service.
Additional revenues or cost savings that may be realized.
B. Temporary Staffing
1. The hiring of temporary employees will not be used as an incremental method for expanding the City's regular workforce.
2. Temporary employees include all employees other than regular employees, elected officials and volunteers. Temporary employees will generally augment regular City staffing as extra-help employees, seasonal employees, contract employees, interns and work-study assistants.
3. The City Manager and Department Heads will encourage the use of temporary rather than regular employees to meet peak workload requirements, fill interim vacancies and accomplish tasks where less than full-time, year-round staffing is required. Under this guideline, temporary employee hours will generally not exceed 50% of a regular, full-time position (1,000 hours annually). There may be limited circumstances where the use of temporary employees on an ongoing basis in excess of this target may be appropriate due to unique programming or staffing requirements. However, any such exceptions must be approved by the City Manager based on the review and recommendation of the Human Resources Administrator.
4. Contract employees are defined as temporary employees with written contracts approved by the City Manager who may receive approved benefits depending on hourly requirements and the length of their contract. Contract employees will generally be used for medium-term (generally between six months and two years) projects, programs or activities requiring specialized or augmented levels of staffing for a specific period.
The services of contract employees will be discontinued upon completion of the assigned project, program or activity. Accordingly, contract employees will not be used for services that are anticipated to be delivered on an ongoing basis.
5. Temporary staffing costs are limited by the approved Budget for these positions.
C. Overtime Management
1. Overtime should be used only when necessary and when other alternatives are not feasible or cost effective.
BUDGET AND FISCAL POLICIES
-8-
2. All overtime must be pre-authorized by the department head or delegate unless it is assumed preapproved by its nature. For example, overtime that results when an employee is assigned to standby and/or must respond to an emergency or complete an emergency response.
3. Departmental operating budgets should reflect anticipated annual overtime costs and departments will regularly monitor overtime use and expenditures.
4. When considering the addition of regular or temporary staffing, the use of overtime as an alternative will be considered. The department will consider:
a. The duration that additional staff resources may be needed. b. The cost of overtime versus the cost of additional staff. c. The skills and abilities of current staff.
d. Training costs associated with hiring additional staff. e. The impact of overtime on existing staff.
D. Private Sector Independent Contractors
Private sector independent contractors are not City employees. They may be used in two situations:
1. Short-term, peak workload assignments to be accomplished using personnel contracted through an outside temporary employment agency (OEA). In this situation, it is anticipated that City staff will closely monitor the work of OEA employees and minimal training will be required. However, they will always be considered the employees of the OEA and not the City. All placements through an OEA will be coordinated through Human Resources and subject to the approval of the Human Resources Administrator.
2. Construction of public works projects and delivery of operating, maintenance or specialized professional services (such as attorneys, architects, fiscal advisors, bond counsel, engineers, scientists and other consultants) not routinely performed by City employees. Such services will be provided without close supervision by City staff, and the required methods, skills and equipment will generally be determined and provided by the contractor. Contract awards will be guided by the City's purchasing policies and procedures.
Status: In Compliance. These procedures are in place.
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6385, concerning the formation of the Ad Hoc E-Conveyance Committee, and appointment of up to two Council members to the Committee.
STAFF RECOMMENDATION
Receive nominations and appoint two Council members to serve on Ad Hoc EConveyance Committee to assist staff with developing program recommendations for City Council consideration.
Sample Motion: I move to adopt Resolution No. 6385, as read by title only, approving the formation of the Ad Hoc E-Conveyance Committee to include Council members ___ and ___. BACKGROUND The establishment of a formal Ad Hoc E-Conveyance Committee has become necessary in response to the growing number of collisions involving cyclists, drivers, and pedestrians within the City. On March 4, 2025, the City Council held a special meeting to discuss the issue with local stakeholders: including: Carpinteria Unified School District, Santa Barbara County Sheriff's Department, California State Parks, Move SB office, and a representative from the Carpinteria Open Space Management Advisory Board (COSMAB). The meeting focused on fostering community engagement and promoting safe practices for all parties (e.g., cyclists, drivers, etc.), ensuring that everyone is informed and equipped to share the streets and sidewalks safely.
The purpose of this agenda matter is for the City Council to consider forming the Ad Hoc E-Conveyance Committee to work with City staff and agency representatives to develop program recommendations for City Council consideration. Staff has prepared draft Resolution No. 6385 (Attachment A), which, if adopted, would establish the Committee.
DISCUSSION
The Ad Hoc E-Conveyance Committee may encompass a variety of elements and activities. Some of the potential program components discussed at the Special City Agenda Section: Other Business
Agenda Item No.: 14
Council Meeting Date: April 14, 2025
Formation of Ad-Hoc Committee
April 14, 2025
Council Meeting on March 4, 2025, included: a comprehensive communications address improper bike and e-bike usage through citations, and collaboration on additional programs and initiatives aimed at enhancing active transportation safety across the City.
Of particular importance are initiatives focused on educating both e-bike riders and drivers on safe practices to reduce collisions and improve overall road safety. This initiative aligns emphasizes the need for comprehensive, community-driven safety solutions Given the complexity of program elements, staffing, and budget considerations, careful viability, and long-term sustainability.
By adopting Resolution 6385, the City Council would initiate a process similar to past efforts used to explore new programs and services. Recent examples of Ad Hoc committees established by the Council to facilitate stakeholder engagement and develop recommendations for its consideration include the Senior Services Planning Committee and Harbor Seals Advisory Committee.
Formation of an Ad Hoc Committee
The City Council from time to time finds it beneficial to form a committee of its membership to address a particular subject or work matter and to make related recommendations to the City Council. Based on the current staff recommendation, staff has prepared Resolution No. 6385, which proposes formation of the Ad Hoc E-Conveyance Committee.
The following section summarizes the proposed type of committee, membership, and roles and responsibilities as set forth in Resolution No. 6385.
Type of committee. Staff is proposing that the committee be formed as an Ad hoc committee, which allows the committee to move forward expeditiously and with greater flexibility in scheduling meetings than a standing committee or a meeting involving a quorum of the Council.
Membership. An Ad hoc committee would consist of less than a quorum of City Council members. Because the City Council has five members, the Ad hoc Committee would include no more than two City Councilmembers. As part of the resolution under consideration, staff is requesting the City Council appoint up to two councilmembers to the committee. As proposed, the Committee could also invite stakeholders and/or members of the public to join it on an informal basis but not as Committee members.
Roles and Responsibilities. As contemplated in the attached resolution, the Committee would be tasked with assisting staff to develop program recommendations for City Council consideration. Any committee formed by the City Council would report recommendations to the City Council for deliberation and final action.
Formation of Ad-Hoc Committee
April 14, 2025
Term. Staff proposes the Committee work be completed and the committee dissolved upon making its final program recommendations to the City Council but no later than December 31, 2025, unless extended by action of the City Council.
POLICY CONSISTENCY
The formation of committees on discrete matters determined by the City Council to require additional study and recommendations is consistent with its authority and its interest in efficient, transparent, and accountable local government decision-making.
FINANCIAL CONSIDERATIONS
If approved, it is anticipated that the work of the Committee will be supported by City staff with no immediate additional cost to the City. However, depending on the outcomes and recommendations brought forth to Council by the Committee, there may be additional financial considerations to assess. Any proposed changes or financial impacts will be presented to the Council body for approval before moving forward.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Council from time-to-time finds it beneficial to form committees from its membership to address a particular subject or work matter and to make recommendations to the City Council. When consisting of less than a quorum of the Council, e.g., two members, such committees are considered "Ad hoc" and are not subject to certain Brown Act requirements, including opening meetings to members of the public. Once an "Ad hoc" committee's prescribed work is complete, it dissolves automatically without the need for further action by the City Council. Legal Counsel is available to advise on Brown Act compliance at this meeting as well as during the operations of the Committee.
OPTIONS
1. Adopt Resolution No. 6385, approving the formation of the Ad Hoc E-Conveyance Committee and appoint two Council Members to the Committee.
2. Decline to form the Committee and direct staff as appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
None.
ATTACHMENTS
A. Resolution No. 6385
Formation of Ad-Hoc Committee
April 14, 2025
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
ATTACHMENT A
Resolution No. 6385
RESOLUTION NO. 6385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA CREATING THE AD-HOC E-CONVEYANCE
COMMITTEE
WHEREAS, The City Council from time to time finds it beneficial to form a committee of its membership in order to address a particular subject or work matter and to make related recommendations to the City Council; and WHEREAS, the establishment of a formal Ad Hoc E-Conveyance Committee is necessary due to the increasing number of collisions involving cyclists, drivers, and pedestrians within the City, with the goal of promoting safe practices and fostering community engagement to improve safety for all parties; and WHEREAS this committee is a collaborative effort between the City and local stakeholders, including: Carpinteria Unified School District, Santa Barbara County Sheriff's Department, Move Santa Barbara, and others, and will focus on educating cyclists, e-bike riders, and drivers on safe practices, while also addressing road and sidewalk rules, and considering program components such as a communications ; and
WHEREAS, the Ad Hoc E-
-driven safety solutions
and the importance of enhancing active transportation safety to reduce collisions and improve overall road safety.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The City Council hereby creates the Ad Hoc E-Conveyance Committee consisting of Councilmembers ___________________ and _____________________.
SECTION 3. The Ad-Hoc E-Conveyance Committee shall have the following roles and responsibilities: (a) raise awareness and educate the public on safe practices for e-bike cyclists, drivers, and pedestrians; (b) collaborate with key stakeholders to recommend and support the development of safety initiatives, including communication campaigns and policy updates; and (c) evaluate the effectiveness of initiatives and report findings to the City Council for further action.
SECTION 4. The Ad-Hoc E-Conveyance Committee shall be dissolved upon completion of its work, but no later than December 31, 2025.
PASSED, APPROVED AND ADOPTED on April 14, 2025, by the following vote:
Resolution No. 6385
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 Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on April 14, 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
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Approve and adopt Resolution No. 6384, updating the Parks, Recreation and Community Services Department Program & Facility Fee Schedule
STAFF RECOMMENDATION
1. Receive and file the Parks, Recreation and Community Services Fee Study.
2. Approve and adopt Resolution No. 6384, updating the Parks, Recreation and Community Services Department Program & Facility Fee Schedule as set forth in Exhibit 1.
BACKGROUND
In 2023, the City entered into an agreement with Revenue & Cost Specialists, LLC (RCS) to prepare a Cost-of-Service Study (Study) and assist in updating the City’s Master Fee Schedule1. In reference to Parks, Recreation and Community Services (PRCS) fees (referred to collectively in the report as “community services fees”), the study stated that the “City is not limited to cost recovery for program and rental fees, as the only limit is what the market is willing to pay.” The study suggested that fee levels for community services are best set at the delivery point based on a flexible and market-based pricing model. It also stated that community services dollars are highly sensitive to overall market and economic conditions as it is a service that competes for discretionary income. Finally, it stated that pricing for class programs and related facility rentals can be set at market rate and consumer valued pricing levels subject to policy-defined discount and subsidy levels. It was suggested that the City Council should develop a policy as to what programs should be subsidized with tax monies in promoting social benefit, and to what extent.
On April 22, 2024 the City Council adopted resolution 6316, approving the City’s Master Fee Schedule2, which at the time only included some PRCS fees. No updates were made to PRCS fees at that time as the department was in the process of conducting an internal 1 https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1339 2 https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1429 Agenda Section: Other Business
Agenda Item No.: 15
Council Meeting Date: April 14, 2025
Parks, Recreation & Community Services Fee Study
April 14, 2025
Market Fee Study. One increase was implemented in the summer of 2024 for the Junior Lifeguard program to account for staffing costs related to the program. The purpose of the Market Fee Study was to gather data and develop recommendations for City Council consideration at a future meeting.
As part of the analysis, staff reviewed parks and recreation fees from several agencies, while also recognizing that amenities and program offerings may vary (e.g., BBQ/picnic areas may differ in size, amenities, and associated fees). Surveyed cities included Goleta, Ventura, Santa Barbara, Lompoc, Santa Maria, Oxnard, Solvang, and others.
The purpose of this agenda item is for the City Council to consider approval of the updated Parks, Recreation and Community Services Department Program & Facility Fee Schedule (Exhibit 1).
Discussion
Two primary funds were analyzed, as they include revenue-generating programs and associated expenses for the PRCS Department:
• Recreation Services Fund: Managed by PRCS, this fund includes revenues and expenses related to Aquatics, the Veterans Memorial Building, the Community Garden, and Parks and Recreation Administration.
• Parks Maintenance Fund: Primarily managed by the Public Works Department, this fund covers the costs of maintaining City parks.
The data analyzed is from Fiscal Year 2023–2024, when the analysis began. Although there have been some incremental changes since then, overall revenues, expenses, and program fees remain largely unchanged. One exception is AgeWell programming, which began during this fiscal year and was not in operation for a full 12 months. For this program, data from 6 months of FY 23-24 (January – June) and 6 months of FY24-25 (July – December) was used for the analysis.
PRCS Department and Parks & Facilities Maintenance Cost Recovery Overview • Revenue: $1,318,142.18
• Expenses: $2,588,952.44
• Cost Recovery Rate: 49%
• General Fund Subsidy: $1,424,074.76 (51%)
While Library and AgeWell programs are included in the overview above, they were excluded from the fee-based program and rental analysis (below) as there is currently no cost to participate in those programs.
Parks, Recreation & Community Services Fee Study
April 14, 2025
Fee-Based Program and Rental Analysis
• Revenue: $509,809
• Expenses: $1,017,610
• Cost Recovery Rate: 50%
• General Fund Subsidy: $507,801.00 (50%)
Aquatics programs and pool maintenance are the largest expense in the Recreation Services Fund; however, pool programs also generate the most revenue with 45% cost recovery. The Community Garden has 32% cost recovery, and the Veterans Memorial Building recovers 44% of its costs. The Beach Services program achieves nearly full cost recovery, with Junior Lifeguards and Boathouse rentals covering nearly all related expenses (primarily staffing costs).
Community Pool Analysis
• Revenue: $294,926
• Expenses: $656,487
• Cost Recovery Rate: 45%
• General Fund Subsidy: $361,561
Staffing accounts for the largest expense ($455,199), followed by maintenance and utilities ($171,455). Pool fees in Carpinteria are generally in line with those charged by nearby agencies, however, it was noted that the rental fees charged to Carpinteria Unified School District are lower than fees charged to other facility renters.
Veterans Memorial Building (Vets Hall) Analysis
• Revenue: $48,743
• Expenses: $109,765 (includes staffing and contract services) • Cost Recovery Rate: 44%
• General Fund Subsidy: $61,022
Current rental rates in Carpinteria are significantly lower than the average rates observed in surveyed cities — approximately half as much. This suggests considerable potential for increasing rental rates and service levels. Increasing rental rates could generate additional revenue to enhance janitorial services and improve maintenance. However, with the expansion of AgeWell and Library programming, Vets Hall availability for revenue-generating use is reduced.
Community Garden Analysis
• Revenue: $7,237
• Expenses: $22,365 (primarily staffing and janitorial costs) • Cost Recovery Rate: 32%
• General Fund Subsidy: $15,128
Carpinteria's monthly garden plot fee is higher than most surveyed cities; however, some cities require a deposit for garden plots.
Parks, Recreation & Community Services Fee Study
April 14, 2025
Rental Contracts and Leases
In addition to the hourly rental fees for Veterans Hall, the City maintains various contracts and leases for ongoing use of Veterans Hall, parks, and other locations. These agreements include:
• Farm Cart Organics – $128.60 per month ($1,543 annually); a 1.5% monthly service fee applies to any outstanding balance for each 30-day period if payment is late.
• Jazzercise – $18.20 per class, paid monthly.
• Penelope’s Sno Balls – $2,299.98 per year, plus 50% of gross proceeds from any PRCS-sponsored special events; a 1.5% monthly service fee applies to any outstanding balance for each 30-day period if payment is late. • County of Public Health – $547 per month for shared use of a staff office and break room on the Veterans Hall campus.
Parks Maintenance Fund Analysis
The Parks Maintenance Fund supports park upkeep. Expenses vary based on park size and amenities. Revenues are generated through BBQ/picnic rentals, special events, field rentals and the Parks Maintenance Tax.
• Revenue: $243,241
• Expenses: $590,494
• Cost Recovery Rate: 41.2%
• General Fund Subsidy: $347,254
Recommendations
Below is a summary of staff recommendations, additional details are included as part of this staff report as Exhibit 1 of Resolution No. 6384.
BBQ/Picnic Rentals
• Carpinteria’s BBQ/picnic rental fees are among the lowest compared to surveyed cities.
o Current rate: ~$1.40 per person
o Surveyed average: $2.34 per person
• A gradual fee increase could help offset maintenance costs but would have minimal impact on closing the revenue-expense gap.
• Staff are exploring the addition of larger gathering spaces in parks (e.g., El Carro Park) to:
o Support community events
o Enhance rental revenue
• Recommendation:
o Remove $10 jumper fee and increase all BBQ/Picnic Rentals to $45 Parks, Recreation & Community Services Fee Study
April 14, 2025
Field Rentals
• Current rates are comparable to other cities.
• The City does not charge local youth nonprofit groups (e.g., Little League, AYSO) for field use.
o These groups assist with basic maintenance, reducing City costs. • Recommendation:
o Increase adult and for-profit use including camps, clinics from $27.50 per hour per field to $35 per hour per field.
o Engage local youth nonprofits to establish and formalize agreements for field use, maintenance responsibilities and facility rentals (e.g. storage, concessions at El Carro Park).
Veterans Hall Rentals
• Veterans Hall rental fees are on the lower end compared to surveyed cities. o The comparison did not account for facility conditions, amenities, or outdoor spaces.
• Current rental structure:
o Separate fees for the Hall, Kitchen, Reception Room, and Courtyard o Many renters use all areas regardless of reservation status • Potential adjustments:
o Consolidating rental fees into a single rate covering all areas o Establishing a separate “Hall Only” rate for ongoing user groups (e.g., church services)
• Availability and usage:
o Private rentals for the community are currently limited to Saturday afternoons/evenings
o Sundays fully booked for church services
o Weekday use includes Jazzercise, AgeWell programs, and other Citysponsored activities • Increasing rental revenue could support:
o Expanded janitorial services (currently limited to 2-3 times per week) o Estimated cost for 7-day janitorial services: $27,363/year (vs. current $15,636/year)
o Future maintenance, repairs, and upgrades
• Recommendation:
o Hall Hourly Rental:
▪ Current: $58/hour
▪ Proposed: $75/hour; $35 for non-profits
o New Venue Fee (Hall, Kitchen, Reception & Courtyard):
▪ Current: $122/hour
▪ Proposed: $175/hour; $88 for non-profits
o Meeting Room:
▪ Current: $39/hour
Parks, Recreation & Community Services Fee Study
April 14, 2025
▪ Proposed: $49/hour; $25 for non-profits
o Staffing Fee:
▪ $25/person per hour
▪ Subject to COLA adjustment
o Check Processing Fee:
▪ New Fee: $5 per reservation
Aquatics Fees (Community Pool & Beach)
• Fees for aquatics programs (e.g., lap swim, swim lessons) are in line with market rates.
• Carpinteria Unified School District (CUSD) currently rents a significant portion of the pool for high school aquatics. Staff recommend a gradual increase to CUSD rental fees to bring them closer to the general public rental rate charged for activities such as swim meets and SCUBA programs.
• Key challenge: Recruiting and retaining qualified staff (lifeguards, swim instructors, beach lifeguards).
o Higher wages may be needed to attract and retain staff. o Raising wages would widen the revenue-expense gap.
• To offset costs, the City could implement gradual fee increases over the next few years to:
o Ensure financial sustainability
o Maintain high-quality services
• Recommendations:
o CUSD Exclusive Facility Use:
▪ Current: $200/hour
▪ Proposed: $220/hour
o CUSD Partial Use (5 lanes):
▪ Current: $100/hour
▪ Proposed: $110/hour
o CUSD Additional Lane Rental:
▪ Current: $25/hour
▪ Proposed: $28/hour
o Facility Rentals – Exclusive Use:
▪ Current: $2,000/day
▪ Proposed: Remove all-day rate
Skate Park Special Event Fee
• Recommendations
o Skate Park – Special Event (Per Hour)
▪ Current Fee: None
▪ Proposed Fee: $150.00
o Skate Park Pavilion – Party/Special Event (Per Day)
▪ Current Fee: None
▪ Proposed Fee: $75.00
Parks, Recreation & Community Services Fee Study
April 14, 2025
▪ Note: New fee for pavilion use only (not exclusive use of the entire park)
o Skate Park Pavilion Deposit– Party/Special Event (Per Event) ▪ Current Fee: None
▪ Proposed Fee: $100.00
▪ Note: Refundable damage deposit
Community Garden Fees Recommendations
• Recommendation:
o Implement a $50 refundable deposit for community gardeners Moving forward, City staff will revise the PRCS Program & Facility Fee Schedule on an annual basis as part of the Master Fee Schedule. If approved, the effective date of the current and proposed PRCS Program & Facility Fee Schedule is July 1, 2025.
POLICY CONSISTENCY
The proposed actions align with the City's Fiscal Year 2024/25 Annual Work Plan, specifically Primary Goal #3: “Take Steps to Address the Fiscal Sustainability of the City.” While the City aims for 100% cost recovery for most fees, PRCS fees are often set below this target. The City Council may consider directing staff to develop a formal cost recovery policy for these fees, which could then be adopted by the Council.
FINANCIAL CONSIDERATIONS
No Additional Funding Requested. Minimal staff time to prepare the report is included in the Adopted FY 2024-25 Budget. City Council approval of this action would establish a Parks, Recreation and Community Services Department Program & Facility Fee Schedule effective July 1st of Fiscal Year 2025-2026.
Currently, PRCS fees are based on market conditions and are structured as a public service to City residents. These programs are significantly subsidized by the General Fund.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed this Agenda item and will be available to answer questions at the meeting.
Parks, Recreation & Community Services Fee Study
April 14, 2025
OPTIONS
1. Receive and file the Parks, Recreation and Community Services Fee Study.
2. Approve and adopt Resolution No. 6384, updating the Parks, Recreation and Community Services Department Program & Facility Fee Schedule as set forth in Exhibit 1.
3. Do not approve and adopt Resolution No. 6384, and provide direction to staff as needed.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
Attachments
A. Parks, Recreation and Community Services Department Program & Facility Fee Schedule
B. Parks, Recreation & Community Services Fee Study Presentation C. Resolution No. 6384
Staff contact: Jeanette Gant,
Signature
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4400, [email protected]
Signature
Reviewed by: Michael Ramirez, City Manager
(805) 755-4450, [email protected]
Signature
ATTACHMENT A
Parks, Recreation and Community Services Department
Program & Facility Fee Schedule
Proposed Fees
Division Facility Program Item Rate Base Price Senior (65+) Youth (<13) Sibling Non Profit Recommendation Notes Aquatics Pool Aerobics Day Pass Per Day $ 10.00 $ 8.00
Aquatics Pool Aerobics 10 Class Punch card Per 10 Visit $ 90.00 $ 75.00 Aquatics Pool Aerobics Monthly Membership Per Month $ 90.00 $ 80.00 Aquatics Pool Aerobics Annual Membership Per Year $ 900.00 $ 750.00 Aquatics Pool Rec Swim Day Pass Per Day $ 7.00 $ 5.00 $ 5.00 Aquatics Pool Rec Swim 10 Visits Punch card Per 10 Visit $ 45.00 Aquatics Pool Rec Swim 25 Visits Punch card Per 25 Visit $ 95.00 Aquatics Pool Lap Swim Day Pass Per Day $ 7.00 $ 5.00 $ 5.00 Aquatics Pool Lap Swim 10 Visits Punch card Per 10 Visit $ 64.00 $ 60.00 $ 45.00 Aquatics Pool Lap Swim 25 Visits Punch card Per 25 Visit $ 125.00 $ 95.00 $ 95.00 Aquatics Pool Lap Swim Monthly Membership Per Month $ 55.00 $ 50.00 Aquatics Pool Lap Swim Annual Membership Per Year $ 725.00 $ 575.00 Aquatics Pool Masters Day Pass Per Day $ 10.00 $ 8.00
Aquatics Pool Masters 10 Class Punch card Per 10 Visit $ 90.00 $ 75.00 Aquatics Pool Masters Monthly Membership Per Month $ 90.00 $ 80.00 Aquatics Pool Masters Annual Membership Per Year $ 900.00 $ 750.00 Aquatics Pool Swim Lessons Group (10x30min) Per Session $ 100.00 $10 per child per lesson Aquatics Pool Swim Lessons Group (4x30min) Per Session $ 40.00 $10 per child per lesson Aquatics Pool Swim Lessons Semi-Private (4x30min) Per Session $ 160.00 Aquatics Pool Swim Lessons Private (4x30min) Per Session $ 160.00 $40 per child per 30 min Aquatics Pool CAC Swim Copper Per Month $ 100.00 $ 90.00 Aquatics Pool CAC Swim Bronze Per Month $ 100.00 $ 90.00 Aquatics Pool CAC Swim Silver Per Month $ 120.00 $ 110.00 Aquatics Pool CAC Swim Gold Per Month $ 120.00
Aquatics Pool CAC Polo Polo 12U Per Month $ 120.00 $ 110.00 Aquatics Pool CAC Polo Polo 14U Per Month $ 120.00 $ 110.00 Aquatics Pool CAC Access Pass (10 visits) Per 10 $ 90.00 Remove No longer an option Aquatics Pool CUSD Swim Lessons Per Student $ 5.00
Aquatics Pool CUSD Exclusive Facility Use Per Hour $ 200.00 $ 220.00 10% increase Aquatics Pool CUSD Partial Use (5 lanes) Per Hour $ 100.00 $ 110.00 10% increase Aquatics Pool CUSD Additional Lane Rental Per Hour $ 25.00 $ 28.00 12% increase Aquatics Pool Equipment Rental Locker (Large) Per Month $ 10.00 Aquatics Pool Equipment Rental Locker (Large) Per Year $ 108.00 Aquatics Pool Equipment Rental Locker (Medium) Per Month $ 7.50 Aquatics Pool Equipment Rental Locker (Medium) Per Year $ 90.00 Aquatics Pool Equipment Rental Locker (Small) Per Month $ 5.00 Aquatics Pool Equipment Rental Locker (Small) Per Year $ 72.00 Aquatics Pool Facility Rentals General Public (1 lane) Per 30min $ 17.50 Aquatics Pool Facility Rentals General Public (1 lane) Per Hour $ 35.00 Aquatics Pool Facility Rentals Exclusive Facility Use Per Hour $ 300.00 Aquatics Pool Facility Rentals Exclusive Facility Use Per Day $ 2,000.00 Recommend removing all day rate Aquatics Beach Junior Lifeguard Summer Camp Per season $ 675.00 Aquatics Beach Equipment Rental Kayak - Single Per Hour $ 20.00 Aquatics Beach Equipment Rental Kayak - Single Per 4hrs $ 50.00 Aquatics Beach Equipment Rental Kayak - Double Per Hour $ 40.00 Aquatics Beach Equipment Rental Kayak - Double Per 4hrs $ 80.00 Aquatics Beach Equipment Rental SUP Board Per Hour $ 20.00 Aquatics Beach Equipment Rental SUP Board Per 4hrs $ 50.00 Aquatics Beach Equipment Rental Boogie Board Per Hour $ 5.00 Aquatics Beach Equipment Rental Boogie Board Per Day $ 15.00 Parks Parks Facility Rentals BBQ/Picnic Deposit Per reservation $ 100.00 Parks Parks Facility Rentals BBQ/Picnic Rental Per Site/ Day $ 35.00 $ 45.00 Remove jumper permit fee, and
make all sites $45 per day. 28.57%
increase
Parks Parks Facility Rentals Jumper Permit Per Site/ Day $ 10.00 Remove Parks Fields Facility Rentals Sports Field Per Hour/Per field $ 27.50 $ - $ 35.00 Raise for adult and for profit use
including camps, clinics. 27.27%
increase
Parks Fields Facility Rentals Field Preparation Per Day $ 60.00 Parks Salt Marsh Amphitheater Facility Rentals Special Event Deposit Per event $ 100.00 Parks, Recreation and Community ServicesDepartment Program & Facility Fee Schedule Current Fees
Proposed Fees
Division Facility Program Item Rate Base Price Senior (65+) Youth (<13) Sibling Non Profit Recommendation Notes Parks, Recreation and Community ServicesDepartment Program & Facility Fee Schedule Current Fees
Parks Salt Marsh Amphitheater Facility Rentals Special Event Per Hour $ 50.00 Parks
Misc Parks (ex. Viola Parking
Lot, Seaside Park) Facility Rentals Special Event Per Hour $ 50.00 Parks Garden Membership Monthly Per Month $ 10.00
Parks Garden Membership Deposit One Time $ 50.00
NEW FEE. Deposit for new
members, consider grandfathering in
current gardeners or giving them a
date for when this practice will begin.
Parks Garden Facility Rentals Special Event Per Hour $ 75.00 Parks Garden Facility Rentals Event Deposit Per Event $ 200.00 Parks Skate Park Facility Rentals Special Event Per Hour $ 150.00 NEW FEE. Fee for commercial use Parks Skate Park Pavillion Facility Rentals Party/Special Event Per Day $ 75.00 NEW FEE. Not exclusive use of the
park, just the party pavilion
Parks Skate Park Pavillion Facility Rentals Party/Special Event Deposit Per Event $ 100.00 Parks Various Sponsorship Dogipot Per Year $ 160.00 $ 160.00 Com. Serv. Veteran's Memorial Building Facility Rentals Event Deposit Per event $ 300.00 $ 300.00 Com. Serv. Veteran's Memorial Building Facility Rentals Hall Hourly Per Hour $ 58.00 $ 27.00 Increase base price to $75
and non-profit to $35 29% increase
Com. Serv. Veteran's Memorial Building Facility Rentals Kitchen Hourly Per Hour $ 35.00 $ 18.00 Remove and add into venue
fee
Com. Serv. Veteran's Memorial Building Facility Rentals Hall & Kitchen Per Hour $ 85.00 $ 42.00 Remove and add into venue
fee
Com. Serv. Veteran's Memorial Building Facility Rentals Reception Room Per Hour $ 37.00 $ 19.00 Remove and add into venue
fee
Com. Serv. Veteran's Memorial Building Facility Rentals Venue Fee (Hall, Kitchen,
Reception & Courtyard) Per Hour $ 122.00 $ 61.00 Recommend $175 and $88.
NEW FEE. 44% increase, but now
includes courtyard, kitchen, hall and
reception room.
Com. Serv. Veteran's Memorial Building Facility Rentals Meeting Room Per Hour $ 39.00 $ 20.00 Increase to $49 base price
and $25 non-profit 25% increase
Com. Serv. All Facilities Facility Rentals Staffing Fee Per Person/Per Hour $ 25.00 $ 25.00 Subject to COLA increase Com. Serv. All Facilities Facility Rentals Check Processing Fee Per reservation $ 5.00 NEW FEE.
Library Library Library Card Replacement Per Item $ 1.00 Library Library Library Lost/Damaged Material Per Item Cost + $5.00 Actual Replacement Cost + $5
processing fee
Library Library Library Test Proctoring Per Item $ 45.00 Library Library Library Self Serve Printing B&W Per Copy $ 0.15 Library Library Library Self Serve Printing Color Per Copy $ 0.25 Library Library Library Library Collection Recovery Per Item Charge the current Black Gold costs.
ATTACHMENT B
Parks, Recreation & Community Services Fee Study Presentation
CITY OF CARPINTERIA
Parks, Recreation and Community Services
(PRCS) Fee Study
CITY OF CARPINTERIA
1. Conducted an internal analysis of the PRCS Departments revenues and expenses.
2. Identified cost recovery opportunities for fee-based programs and facility rentals.
3. Reviewed department overall cost recovery for both fee based and non-fee-based programs.
CITY OF CARPINTERIA
$-
$500,000.00
$1,000,000.00
$1,500,000.00
$2,000,000.00
$2,500,000.00
$3,000,000.00
Revenue Expenses
$1,318,142.18
$2,588,952.44
DEPARTMENT OVERVIEW
Revenue – Expenses =
-$1,270,810.26
Current General Fund subsidy:
$1,424,074.76(51%)
CITY OF CARPINTERIA
Recreation Services Fund Overview
➢ Community Pool Services
➢ Swim Team Aquatics
➢ Veterans Memorial Building (Vets Hall)
➢ Junior Lifeguards
➢ Ocean Beach Services
➢ Beach Store
➢ Community Garden
➢ Special Events
Programs
CITY OF CARPINTERIA
Revenue & Expenses Overview:
Recreation Services Fund
$-
$200,000.00
$400,000.00
$600,000.00
$800,000.00
$1,000,000.00
$1,200,000.00
Revenue Expenses
$509,809.00
$1,017,610.00
Revenue – Expenses =
-$507,801
Current General Fund subsidy:
$507,809 (50%)
CITY OF CARPINTERIA
Carpinteria Community Pool
ANALYSIS
CITY OF CARPINTERIA
FY 23-24 Cost Recovery
$-
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
$700,000.00
Total Revenue Total Expense
$294,926.10
$656,487.12
POOL REVENUE VS EXPENSES
Revenue – Expenses =
-$361,561.02
CITY OF CARPINTERIA
Community Pool Revenue
CITY OF CARPINTERIA
Community Pool Revenue
Swim Team
Tuitions, 28%
Pool Special
Event, 22%
Swim Lessons,
16%
Senior Day Pass,
11%
Punch Card
Sales, 9%
Masters Swim
Program, 5%
Adult Pass, 3%
Aerobics
Program, 2% Child Pass Fee,
1%
CITY OF CARPINTERIA
Survey Findings
❖ Compared to 6 other agencies (Ventura, Santa Barbara, Lompoc, Santa Maria, etc.), Pool costs are comparable to City of Carpinteria. ❖ Examples:
CITY OF CARPINTERIA
Proposed Fee Increases
•CUSD Exclusive Facility Use:
•Current: $200/hour → Recommended: $220/hour (10% increase) •CUSD Partial Use (5 lanes):
•Current: $100/hour → Recommended: $110/hour (10% increase) •CUSD Additional Lane Rental:
•Current: $25/hour → Recommended: $28/hour (12% increase) •Facility Rentals – General Public (1 lane):
•$17.50 per 30 min or $35.00 per hour
•Facility Rentals – Exclusive Use:
•$300/hour
•$2,000/day → Recommend removing all-day rate
CITY OF CARPINTERIA
Veterans Memorial Building
(Vets Hall)
ANALYSIS
CITY OF CARPINTERIA
FY 2023-24 Cost Recovery
$-
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
$120,000.00
Total Revenue Total Expense
$48,743.84
$109,765.99
VETERANS HALL
Revenue – Expenses =
-$61,022.15
CITY OF CARPINTERIA
Survey Cities: Community Rooms/Halls
CITY OF CARPINTERIA
Survey Cities: Vets Hall and Kitchen
CITY OF CARPINTERIA
Survey Cities: Meeting Room Rentals
CITY OF CARPINTERIA
Proposed Fees
•Hall Hourly Rental:
•Current: $58/hour
•Proposed: $75/hour; $35 for non-profits (29% increase) •Kitchen, Hall & Kitchen, Reception Room:
•Current hourly fees removed
•Now included in new venue fee
•New Venue Fee (Hall, Kitchen, Reception & Courtyard):
•Current: $122/hour
•Proposed: $175/hour; $88 for non-profits (44% increase) •Meeting Room:
•Current: $39/hour
•Proposed: $49/hour; $25 for non-profits (25% increase) •Staffing Fee:
•$25/person per hour
•Subject to COLA adjustment
•Check Processing Fee:
•New Fee: $5 per reservation
CITY OF CARPINTERIA
Junior Lifeguards
ANALYSIS
CITY OF CARPINTERIA
FY 2023-24 Cost Recovery
Expenses:
• 80% Personnel Costs
• 14% Supplies and Materials
• 3% Travel
CITY OF CARPINTERIA
Survey Results
Carpinteria JG Program
costs are above the average
CITY OF CARPINTERIA
Junior Lifeguards
Recommendation: Junior Lifeguards Fee Adjustment – Summer 2026 •Increase program fee to $675
•Reflects rising costs of goods, including:
• Equipment
• Uniforms
•Will continue to support full cost recovery
•Accounts for increased staff wages
CITY OF CARPINTERIA
Beach Store & Beach Services
ANALYSIS
CITY OF CARPINTERIA
Beach Store Beach Services
Revenue:
• Kayak Rentals
• Pedal Board Rentals
• Wet Suits
• T-Shirts, Merch
Expenses:
• Personnel Costs
• Supplies for resale
Revenue:
• Space Rentals
• Contracts and leases
Expenses:
• PRCS Program Manager
CITY OF CARPINTERIA
Community Garden
ANALYSIS
CITY OF CARPINTERIA
FY23-24 Cost Recovery
$-
$5,000.00
$10,000.00
$15,000.00
$20,000.00
$25,000.00
Total Revenue Total Expense
$7,237.00
$22,365.84
Revenue – Expenses =
-$15,128.84
CITY OF CARPINTERIA
Survey Data
CITY OF CARPINTERIA
Proposed Fees
Recommendation: Community Garden Deposit Policy
•Implement a $50 refundable deposit for community gardeners •Applies to all new gardeners
•Existing gardeners may be:
• Grandfathered in, or
• Given a timeline for implementation
•Encourages gardeners to return plots in original (empty) condition • Reduces staff time needed to remove plants, debris, and prepare plots for new gardeners
CITY OF CARPINTERIA
Parks Maintenance Fund
Current General Fund subsidy:
$347,254 (41%)
$-
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
Revenue Expenses
$243,241.00
$590,494.00
CITY OF CARPINTERIA
BBQ Findings & Recommendations
• BBQ/Picnic Deposit:
• $100 per reservation (no change)
• BBQ/Picnic Rental (Per Site/Day):
• Current: $35
• Proposed: $45 (28.57% increase)
• All sites to be priced uniformly at
$45/day
• Jumper Permit:
• Current: $10 per site/day
• Proposed: Remove fee
CITY OF CARPINTERIA
Sports Fields Findings & Recommendations
• Sports Field Rental (Per Hour, Per Field)
• Current Fee: $27.50
• Proposed Fee: $35.00
• Increase: 27.27%
• Purpose: Applies to adult and forprofit use (e.g., camps, clinics)
CITY OF CARPINTERIA
Skate Park Recommendations
•Skate Park – Special Event (Per Hour)
•Current Fee: None
•Proposed Fee: $150.00
•Note: New fee for commercial use of the Skate Park
•Skate Park Pavilion – Party/Special Event (Per Day)
•Current Fee: None
•Proposed Fee: $75.00
•Note: New fee for pavilion use only (not exclusive use of the entire park) •Skate Park Pavilion Deposit– Party/Special Event (Per Event) •Current Fee: None
•Proposed Fee: $100.00
•Note: Refundable damage deposit
CITY OF CARPINTERIA
OPTIONS
1. Receive and file the Parks, Recreation and Community Services Fee Study.
2. Approve and adopt Resolution No. 6384, updating the Parks, Recreation and Community Services Department Program &
Facility Fee Schedule as set forth in Exhibit 1.
3.Do not approve and adopt Resolution No. 6384, and provide direction to staff as needed.
CITY OF CARPINTERIA
Thank You
ATTACHMENT C
Resolution No. 6384
RESOLUTION NO. 6384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA ADOPTING THE PARKS, RECREATION AND
COMMUNITY SERVICES PROGRAM & FACILITY FEE SCHEDULE
PURSUANT TO CHAPTER 3.34 OF THE CARPINTERIA MUNICIPAL
CODE
WHEREAS, pursuant to Article XIIIB of the California Constitution and Carpinteria Municipal Code (CMC) Chapter 3.34, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably borne from fees, charges, and regulatory license fees; and
WHEREAS, CMC Chapter 3.34 provides a mechanism for ensuring that fees adopted by the City do not exceed the reasonable estimated cost for providing the regulation, products or services for which the fees are charged; and WHEREAS, “costs reasonably borne” shall include all direct and indirect costs, fixed asset recovery expenses, general and departmental overhead, and debt service costs as further defined in CMC Section 3.34.030; and
WHEREAS, pursuant to CMC Section 3.34.020, the City Manager has been delegated the authority to implement said City Council policy to establish or adjust the amount of fees and charges to recover the percentage of costs reasonably borne in providing the regulation, product, or service; and
WHEREAS, on April 22, 2024 the City Council adopted resolution 6316, approving the City’s Master Fee Schedule which included some but not all Parks, Recreation and Community Services Fee; and
WHEREAS, City staff has conducted a market study and cost recovery analysis of Parks, Recreation and Community Services Fees; and
WHEREAS, the Parks, Recreation and Community Services Department Program & Facility Fees will be removed from the City Master Fee Schedule and will be its own Fee Schedule approved by Council.
NOW, THEREFORE, BE IT RESOLVED as follows:
Resolution No. 6384
SECTION 1. The above recitals are true and correct, and incorporated herein by reference.
SECTION 2. The Carpinteria City Council hereby adopts the Parks, Recreation and Community Services Department Program & Facility Fee Schedule, attached herein as Exhibit 1 and incorporated by reference, as shown to reflect the recommended fees.
PASSED, APPROVED AND ADOPTED on the 14th day of April, 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 April 14, 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. 6384
Parks, Recreation and Community Services Department Master Fee Schedule Proposed Fees
Division Facility Program Item Rate Base Price Senior (65+) Youth (<13) Sibling Non Profit Recommendation Notes Aquatics Pool Aerobics Day Pass Per Day $ 10.00 $ 8.00
Aquatics Pool Aerobics 10 Class Punch card Per 10 Visit $ 90.00 $ 75.00 Aquatics Pool Aerobics Monthly Membership Per Month $ 90.00 $ 80.00 Aquatics Pool Aerobics Annual Membership Per Year $ 900.00 $ 750.00 Aquatics Pool Rec Swim Day Pass Per Day $ 7.00 $ 5.00 $ 5.00 Aquatics Pool Rec Swim 10 Visits Punch card Per 10 Visit $ 45.00 Aquatics Pool Rec Swim 25 Visits Punch card Per 25 Visit $ 95.00 Aquatics Pool Lap Swim Day Pass Per Day $ 7.00 $ 5.00 $ 5.00 Aquatics Pool Lap Swim 10 Visits Punch card Per 10 Visit $ 64.00 $ 60.00 $ 45.00 Aquatics Pool Lap Swim 25 Visits Punch card Per 25 Visit $ 125.00 $ 95.00 $ 95.00 Aquatics Pool Lap Swim Monthly Membership Per Month $ 55.00 $ 50.00 Aquatics Pool Lap Swim Annual Membership Per Year $ 725.00 $ 575.00 Aquatics Pool Masters Day Pass Per Day $ 10.00 $ 8.00
Aquatics Pool Masters 10 Class Punch card Per 10 Visit $ 90.00 $ 75.00 Aquatics Pool Masters Monthly Membership Per Month $ 90.00 $ 80.00 Aquatics Pool Masters Annual Membership Per Year $ 900.00 $ 750.00 Aquatics Pool Swim Lessons Group (10x30min) Per Session $ 100.00 $10 per child per lesson Aquatics Pool Swim Lessons Group (4x30min) Per Session $ 40.00 $10 per child per lesson Aquatics Pool Swim Lessons Semi-Private (4x30min) Per Session $ 160.00 Aquatics Pool Swim Lessons Private (4x30min) Per Session $ 160.00 $40 per child per 30 min Aquatics Pool CAC Swim Copper Per Month $ 100.00 $ 90.00 Aquatics Pool CAC Swim Bronze Per Month $ 100.00 $ 90.00 Aquatics Pool CAC Swim Silver Per Month $ 120.00 $ 110.00 Aquatics Pool CAC Swim Gold Per Month $ 120.00
Aquatics Pool CAC Polo Polo 12U Per Month $ 120.00 $ 110.00 Aquatics Pool CAC Polo Polo 14U Per Month $ 120.00 $ 110.00 Aquatics Pool CAC Access Pass (10 visits) Per 10 $ 90.00 Remove No longer an option Aquatics Pool CUSD Swim Lessons Per Student $ 5.00
Aquatics Pool CUSD Exclusive Facility Use Per Hour $ 200.00 $ 220.00 10% increase Aquatics Pool CUSD Partial Use (5 lanes) Per Hour $ 100.00 $ 110.00 10% increase Aquatics Pool CUSD Additional Lane Rental Per Hour $ 25.00 $ 28.00 12% increase Aquatics Pool Equipment Rental Locker (Large) Per Month $ 10.00 Aquatics Pool Equipment Rental Locker (Large) Per Year $ 108.00 Aquatics Pool Equipment Rental Locker (Medium) Per Month $ 7.50 Aquatics Pool Equipment Rental Locker (Medium) Per Year $ 90.00 Aquatics Pool Equipment Rental Locker (Small) Per Month $ 5.00 Aquatics Pool Equipment Rental Locker (Small) Per Year $ 72.00 Aquatics Pool Facility Rentals General Public (1 lane) Per 30min $ 17.50 Aquatics Pool Facility Rentals General Public (1 lane) Per Hour $ 35.00 Aquatics Pool Facility Rentals Exclusive Facility Use Per Hour $ 300.00 Aquatics Pool Facility Rentals Exclusive Facility Use Per Day $ 2,000.00 Recommend removing all day rate Aquatics Beach Junior Lifeguard Summer Camp Per season $ 675.00 Aquatics Beach Equipment Rental Kayak - Single Per Hour $ 20.00 Aquatics Beach Equipment Rental Kayak - Single Per 4hrs $ 50.00 Aquatics Beach Equipment Rental Kayak - Double Per Hour $ 40.00 Aquatics Beach Equipment Rental Kayak - Double Per 4hrs $ 80.00 Aquatics Beach Equipment Rental SUP Board Per Hour $ 20.00 Aquatics Beach Equipment Rental SUP Board Per 4hrs $ 50.00 Aquatics Beach Equipment Rental Boogie Board Per Hour $ 5.00 Aquatics Beach Equipment Rental Boogie Board Per Day $ 15.00 Parks Parks Facility Rentals BBQ/Picnic Deposit Per reservation $ 100.00 Parks Parks Facility Rentals BBQ/Picnic Rental Per Site/ Day $ 35.00 $ 45.00 Remove jumper permit fee, and
make all sites $45 per day. 28.57%
increase
Parks Parks Facility Rentals Jumper Permit Per Site/ Day $ 10.00 Remove Parks Fields Facility Rentals Sports Field Per Hour/Per field $ 27.50 $ - $ 35.00 Raise for adult and for profit use
including camps, clinics. 27.27%
increase
Parks Fields Facility Rentals Field Preparation Per Day $ 60.00 Parks Salt Marsh Amphitheater Facility Rentals Special Event Deposit Per event $ 100.00 Parks, Recreation and Community ServicesDepartment Program & Facility Fee Schedule Current Fees
Proposed Fees
Division Facility Program Item Rate Base Price Senior (65+) Youth (<13) Sibling Non Profit Recommendation Notes Parks, Recreation and Community ServicesDepartment Program & Facility Fee Schedule Current Fees
Parks Salt Marsh Amphitheater Facility Rentals Special Event Per Hour $ 50.00 Parks
Misc Parks (ex. Viola Parking
Lot, Seaside Park) Facility Rentals Special Event Per Hour $ 50.00 Parks Garden Membership Monthly Per Month $ 10.00
Parks Garden Membership Deposit One Time $ 50.00
NEW FEE. Deposit for new
members, consider grandfathering in
current gardeners or giving them a
date for when this practice will begin.
Parks Garden Facility Rentals Special Event Per Hour $ 75.00 Parks Garden Facility Rentals Event Deposit Per Event $ 200.00 Parks Skate Park Facility Rentals Special Event Per Hour $ 150.00 NEW FEE. Fee for commercial use Parks Skate Park Pavillion Facility Rentals Party/Special Event Per Day $ 75.00 NEW FEE. Not exclusive use of the
park, just the party pavilion
Parks Skate Park Pavillion Facility Rentals Party/Special Event Deposit Per Event $ 100.00 Parks Various Sponsorship Dogipot Per Year $ 160.00 $ 160.00 Com. Serv. Veteran's Memorial Building Facility Rentals Event Deposit Per event $ 300.00 $ 300.00 Com. Serv. Veteran's Memorial Building Facility Rentals Hall Hourly Per Hour $ 58.00 $ 27.00 Increase base price to $75
and non-profit to $35 29% increase
Com. Serv. Veteran's Memorial Building Facility Rentals Kitchen Hourly Per Hour $ 35.00 $ 18.00 Remove and add into venue
fee
Com. Serv. Veteran's Memorial Building Facility Rentals Hall & Kitchen Per Hour $ 85.00 $ 42.00 Remove and add into venue
fee
Com. Serv. Veteran's Memorial Building Facility Rentals Reception Room Per Hour $ 37.00 $ 19.00 Remove and add into venue
fee
Com. Serv. Veteran's Memorial Building Facility Rentals Venue Fee (Hall, Kitchen,
Reception & Courtyard) Per Hour $ 122.00 $ 61.00 Recommend $175 and $88.
NEW FEE. 44% increase, but now
includes courtyard, kitchen, hall and
reception room.
Com. Serv. Veteran's Memorial Building Facility Rentals Meeting Room Per Hour $ 39.00 $ 20.00 Increase to $49 base price
and $25 non-profit 25% increase
Com. Serv. All Facilities Facility Rentals Staffing Fee Per Person/Per Hour $ 25.00 $ 25.00 Subject to COLA increase Com. Serv. All Facilities Facility Rentals Check Processing Fee Per reservation $ 5.00 NEW FEE.
Library Library Library Card Replacement Per Item $ 1.00 Library Library Library Lost/Damaged Material Per Item Cost + $5.00 Actual Replacement Cost + $5
processing fee
Library Library Library Test Proctoring Per Item $ 45.00 Library Library Library Self Serve Printing B&W Per Copy $ 0.15 Library Library Library Self Serve Printing Color Per Copy $ 0.25 Library Library Library Library Collection Recovery Per Item Charge the current Black Gold costs.
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Consultant Services Agreement between the City of Carpinteria and Environmental Science Associates (ESA) to oversee and prepare environmental review documents for the Surfliner Inn Project for an amount not-to-exceed $258,890.
STAFF RECOMMENDATION
Authorize the City Manager to execute an Agreement for Consultant Services with Environmental Science Associates to oversee and prepare environmental review documents for the Surfliner Inn Project for an amount not-to-exceed $258,890.
Sample Motion: I move to authorize the City Manager to execute an Agreement for Consultant Services with Environmental Science Associates to oversee and prepare environmental review documents for the Surfliner Inn Project for an amount not-to-exceed $258,890.
(motion requires a roll call vote)
BACKGROUND
The consulting firm Environmental Science Associates (ESA), along with other consultants, responded to the City’s “Notice of Request for Proposals” 1 regarding
environmental consultant services to prepare an Environmental Impact Report (EIR) for the Surfliner Inn Project, Project 23-2254-DP/CUP/CDP. After City staff’s review and rating of all proposals, and follow-up meetings with consultant teams that had the highestrated proposals, City staff selected ESA as the preferred consultant team.
DISCUSSION
The City issued its Request for Proposals on January 22, 2025, and received five responses from the following firms: Ascent; ESA; Placeworks; SWCA Environmental Consultants; and WSP USA Inc. The responses offered a range of costs from approximately $200,000 to $260,000, with ESA coming in near the top of the range. To 1 Available here: https://carpinteriaca.gov/wp-content/uploads/2025/01/Surfliner-Inn-EIR-RFP.pdf Agenda Section: Other Business
Agenda Item No.: 16
Council Meeting Date: April 14, 2025
ESA Consultant Agreement
April 14, 2025
narrow the highest-rated proposals, staff conducted interviews with representatives from ESA, SWCA Environmental Consultants, and WSP USA Inc.
Ultimately, staff believes that the scope of work provided by ESA (see Exhibit A of the proposed Consultant Services Agreement in Attachment A) will provide thorough, yet efficient, environmental review of the proposed Surfliner Inn Project in compliance with (including the Local Coastal Program) and the California Environmental Quality Act (CEQA). As described in more detail in the scope of work, experience preparing CEQA documents for similar development projects in Southern California particularly within the California Coastal Zone was a key factor in their favorable selection. In particular, ESA demonstrated a proven track record of having recently prepared successful EIRs for several high-profile hotel/hospitality and mixed-use projects, including one such project immediately adjacent to the railroad tracks in the City of Los Angeles.
FINANCIAL CONSIDERATIONS
The maximum cost for the proposed Consultant Services Agreement with ESA would be $258,890. The applicant for the Surfliner Inn Project, 499 Linden Managers, LLC, would be required to pay the City for the full amount spent, up to $258,890, to cover services under the Agreement. A detailed breakdown of the cost is found in Exhibit B of the proposed Consultant Services Agreement in Attachment A.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed and approved the Consultant Services Agreement as to form.
OPTIONS
1. Authorize the City Manager to execute the Agreement between the City and Environmental Science Associates, to oversee and prepare environmental review documents for the Surfliner Inn Project (staff recommendation).
2. Authorize the City Manager to execute the Agreement with City Council modifications.
3. Receive staff report and choose not to execute the Agreement, and direct staff to explore other options.
PRINCIPAL PARTIES EXPECTED AT MEETING
Brian Allee, Environmental Science Associates
Whitt Hollis, 499 Linden Manager's LLC
ESA Consultant Agreement
April 14, 2025
ATTACHMENTS
Attachment A Agreement for Consultant Services Between the City of Carpinteria and Environmental Science Associates
Staff Contact: Mindy Fogg, Principal Planner
Community Development Department
(805) 755-4408 / [email protected] Signature
Reviewed by: Nick Bobroff, Director
Community Development Department
(805) 755-4407 / [email protected] Signature
Reviewed by: Ryan Kintz, Assistant City Manager (805) 755-4400 / [email protected] Signature Reviewed by: Michael Ramirez, City Manager (805) 755-4450 / [email protected] Signature Attachment A
Agreement for Consultant Services Between the City of Carpinteria and Environmental Science Associates
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT FOR CONSULTANT SERVICES Agreement
the 14th of April, 2025 City the
Environmental Science Associates (ESA), a California corporation ( Consultant , (collectively, the Parties at Carpinteria, California, with reference to the following facts:
A. City has determined that it is necessary and appropriate to engage a non-design professional to prepare an EIR evaluating the potential impacts of the Surfliner Inn Project; and B. Consultant has represented itself as being fully qualified and available to perform the consultant services required or necessary under this Agreement in a fully competent, professional and timely manner; and
C. City desires to contract with Consultant and Consultant is willing to perform the consultant services, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. SERVICES.
1.1 Basic Services. City hereby retains Consultant to perform the services described and set forth in the attached Exhibit A Basic Services
as though set forth in full. Consultant hereby agrees to perform said services within the designated time frames and accepts this retention. Consultant shall complete the Basic Services according to a schedule of performance which is also set forth in Exhibit A. The Parties agree and acknowledge that time is of the essence in performance of this Agreement.
1.2 Additional Services. In addition to the Basic Services, City may elect to have Consultant perform additional services that are beyond the current scope of the Basic Services, but Additional Services
be mutually agreed to in advance and specified in a writing, which shall also specify the Services are referenced collectively as Services. At the time the Parties entered into this Agreement, there are no Additional Services.
2. PERFORMANCE.
2.1 Standard of Performance. Consultant shall faithfully, competently and diligently perform the obligations and responsibilities required by this Agreement, applying best management practices and the same standards of care utilized by persons commonly engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall not engage the assistance of 2 subcontractors for performance of the Services unless previously agreed to in writing by the City.
2.2 Labor and Materials. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the Services. Consultant shall give its attention and supervision to the fulfillment of the provisions of this Agreement by its employees and subcontractors and shall be responsible for the timely performance of the Services required by this Agreement. Consultant is an independent contractor of City. Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the City, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. Consultant is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services.
2.3 Review of Service. Consultant shall furnish City with reasonable opportunities from time to time to ascertain whether the Services of Consultant are being performed in accordance with this Agreement. All work done and materials furnished shall be subject to final review and approval by City; Consultant is not providing final approval or review, which is solely however, relieve Consultant of any of its obligations under this Agreement.
2.4 Contract Administration. The City Manager or his/her designee shall represent the City in all matters relating to the administration of this Agreement. The City Manager or his/her products submitted by Consultant and may execute all necessary documents to authorize Consultant to perform Additional Services as provided for herein. The City Manager or his/her designee shall have the authority to render decisions within guidelines established by the City Council and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. The following individual(s) will serve as the primary contact(s) for Consultant in the administration of this Agreement:
Mindy Fogg, Principal Planner, Community Development Department
2.5 Representations and Warranties. Consultant represents and warrants to City that: (i) its fulfillment of its obligations and, as applicable, performance the Services under this Agreement, will not violate any applicable or breach any contracts with third parties and (ii) it has the right, power and authority to fulfill its obligations, and, as applicable perform the Services, and enter into this Agreement; (iii) the Services contemplated hereunder will be performed by adequately trained, competent personnel, in a professional manner, with such personnel having the requisite skill and expertise necessary to perform and complete the Services in accordance with industry standards and in accordance with the terms and conditions of this Agreement; and (iv) the Services and all deliverables provided hereunder will conform to the specifications agreed-to by the parties. 3 3. TERM. This Agreement shall be effective as of the date first above written and shall continue until all Services to be provided by Consultant are completed to the satisfaction of the City, unless terminated earlier as provided for herein.
4. COMPENSATION.
4.1 Basic Services. For Basic Services, City shall pay Consultant on a time and materials basis, not to exceed amount of $258,890 as full compensation for all labor, materials, equipment, tools, transportation, and Services. This compensation shall be paid in accordance with the payment rates and schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based on the actual time spent on the tasks and the actual price of the necessary materials. In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows:
. 4.2 Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Basic Services, unless such services are authorized Additional Services agreed to in advance and in writing in the method provided for herein. Consultant will submit fee estimates for such Additional Services upon request of City.
4.3 Invoices. Should City reasonably determine that Consultant has not fulfilled any services or met the timelines established in Exhibit A, City shall notify Consultant of the failure in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product or performance of Services. The City, at its discretion may provide the Consultant five (5) days to cure the breach. City may withhold the accompanying payment without penalty until such time as Consultant cures the breach. In the alternative, upon Should Consultant or its representatives fail to cure the breach within five (5) days, or fail to reasonably agree to such modified schedule, City may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Consultant.
4.4 Withholding. City reserves the right to withhold future payment to Consultant if any or performance of Services is found to be substantially inadequate. City shall notify Consultant in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product or performance of Services.
4.5 Taxes/Insurance/Licenses. Consultant shall be solely responsible for the payment of any state disability insurance, and any other taxes or insurance which Consultant is responsible for paying as an independent contractor under federal, state or local law. At all times during the term of this Agreement, Consultant and any approved subcontractors performing Services under this Agreement shall have in full force and effect all licenses necessary for 4 the performance of Services hereunder, including without limitation, business licensing from City, all at the sole cost of Consultant.
5. RECORDS. 5.1 Financial Records. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall also maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
5.2 Access to Records. Consultant shall (i) provide free access to the representatives of City or its designees at reasonable times to books and records as set forth in section 5.1; (ii) shall give City the right to examine and audit said books and records; (iii) shall permit City to make transcripts therefrom as necessary; and (iv) shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of four (4) years after receipt of final payment.
5.3 Original Records. All original agreements, data, documents, designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys, notes, and other work, materials or providing the Services pursuant to this Agreement shall be referred to as Consultant Work Product . Upon completion of, or in the event of termination or suspension of this Agreement, all completed and incomplete Consultant Work Product shall become the sole property of City once the Consultant has received payment. City may duplicate, disclose, disseminate, use, reuse or otherwise dispose of Consultant Work Product in whole or in part in any manner it deems appropriate, without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at Consultant's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
Consultant may retain copies of such Consultant Work Product as a part of its record of professional activity
. 6. TERMINATION.
6.1 Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten (10) days prior written notice by the terminating party to the other party.
In the event of a termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.
6.2 Termination With Cause. Either party may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure 5 of the breaching party to correct within five (5) days of receiving such notice, based upon the occurrence of any of the following events:
Material breach of this Agreement;
Cessation of Consultant to be licensed, as required by applicable law; Failure to substantially comply with any applicable federal, state or local law or regulation;
Filing by or against Consultant of any petition under any law for the relief of debtors; and,
Filing of a criminal complaint against Consultant for any crime, other than minor traffic offenses.
6.3 Performance Upon Termination. In the event this Agreement is terminated pursuant to this Section, City shall pay Consultant for the outstanding balance owed for work performed up to the time of termination. Upon termination of the Agreement, Consultant shall submit an invoice to City as provided for herein and shall submit to the City all of its files for any billable or non-billable matters in which the Consultant is involved under the scope of this Agreement.
6.4 Termination Upon Mutual Consent. This agreement may also be terminated by mutual consent of the parties and in accordance with the terms and conditions of any plan of termination established by the parties. In the event of a termination by mutual consent, the date of termination shall be such date as is agreed upon by the parties. The parties may agree to suspend or terminate a portion of this Agreement and such suspension or termination shall not make void or invalidate the remainder of this Agreement.
7. DISPUTE RESOLUTION. If any dispute, claim or disagreement shall arise relative to the interpretation or enforcement of this Agreement, the parties shall use commercially reasonable efforts to settle the dispute, claim or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of thirty (30) days, then, upon notice by either party to the other, the dispute, claim or disagreement shall be submitted to final, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator shall have the authority to assess arbitration costs and expenses against either or both parties. The decision in the arbitration shall be binding on all parties, and judgment on any arbitration award may be entered in any court of competent jurisdiction.
8. INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in the attached Exhibit C, which is incorporated by this reference as though set forth in full.
9. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any of its officials, directors, Indemnified Parties from and against any and all losses, liabilities, damages, costs, charges, payments, caused by the negligence, recklessness, or willful misconduct of Consultant in the performance 6 under the terms of this Agreement, including but not limited to any activities associated with carrying out the agreed to Services by Consultant, its agents, employees, subcontractors, consultants, assigns or by any individual or entity for whom Consultant is legally liable. In no event shall the cost to defend charged to Consultant exceed the Consultant's proportionate percentage of fault. City will reimburse Contractor for the proportionate percentage of defense percentage of fault as determined by a Court of
competent jurisdiction.
10. RELEASE OF INFORMATION.
10.1 Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released except to the City, directly or indirectly, by Consultant without City's prior written authorization. Consultant, its officers, employees, subcontractors or sub-consultants shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement unless requested by the City Attorney or authorized in writing by the City Manager. Response to a subpoena or court order shall not be considered "voluntary" provided that Consultant shall give City prompt written notice of any such court order or subpoena. The provisions of this Paragraph shall survive the termination of this Agreement.
10.2 Notice and Cooperation. Consultant shall promptly notify the City Manager and City Attorney in writing if Consultant, its officers, employees, agents, subcontractors or subconsultants are served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from elated Services. City has no
obligation to, but may exercise discretion to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide the City an opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not grant or imply a right of City to control, direct, dictate or rewrite said response.
11. RELATIONSHIP TO CITY.
11.1 Independent Contractor. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
11.2 No Employee Privileges. No City employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages or other compensation to 7 Consultant for performing Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing Services hereunder.
11.3 Consultant Duty to City. Consultant understands and agrees that its responsibility to provide complete and accurate Services is owed solely to City and that its accountability under this contract shall likewise be solely to City and not to any City applicants or any other third person or entity.
11.4 Interest of Consultant. Consultant represents and warrants to City that it presently has no interests, and covenants that it shall not acquire any interests, direct or indirect, financial or otherwise, which would conflict with the performance of the services to be provided by Consultant under this Agreement. Consultant further covenants that, in the performance of this Agreement, no subcontractor or employee having such an interest shall be employed by Consultant. Consultant certifies that no one who has or will have any financial interest under this Agreement is: (a) an officer or employee of City, or (b). an officer or employee of the applicant and any of its consultants. Consultant agrees to comply with any applicable conflict of interest code.
11.5 Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Consultant or any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.
11.6 Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Consultant and will not confer any rights upon any person not expressly a party to this Agreement.
12. GENERAL PROVISIONS.
12.1 Assignment of Rights. Contractor agrees to assign City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act arising from purchases of goods, services, or materials pursuant to this Agreement.
12.2 Further Assurances. City and Consultant each agree to cooperate with one another, to use their best efforts, to act in good faith, and to promptly perform such acts and execute such documents or instruments as are reasonably necessary and proper to consummate the transactions contemplated by this Agreement.
12.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if personally served or on the second day after mailing if mailed by first-class mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows:
8 To City: To Consultant:
Michael Ramirez, City Manager Ruta K. Thomas
City of Carpinteria Environmental Science Associates
5775 Carpinteria Avenue 115 S. La Cumbre Lane, Suite 300 Carpinteria, CA 93013-2698 Santa Barbara, CA 93105
P: (805) 684-5405 P. (805) 880-0922
Any party may change their address for the purpose of this paragraph by giving the other party written notice of the new address in the above manner.
12.4 Legal Responsibilities. Consultant shall keep itself informed of state, federal and laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Service pursuant to this Agreement. The Consultant shall reasonably observe and comply with such laws and regulations. The City and its officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
12.5 Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses, certifications, or related credentials required by law for the performance of Services described in this Agreement. Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation.
12.6 Labor Conditions. City is a public entity in the state of California, and therefore, City and Consultant are subject to the provisions of the Government Code and the Labor Code of the state of California. All provisions of law applicable to public contracts and/or this Agreement are incorporated herein by this reference and are made a part of this Agreement to the same extent as if they were fully stated in the Agreement and shall be complied with by Consultant.
12.7 Labor Requirements. Consultant shall abide by all federal and California laws and regulations regarding wages, including, without limitation, the Fair Labor Standards Act , and require Consultant to pay the general prevailing wage rates. The California statutory provisions for penalties for failure to pay prevailing wages will be enforced and the statutory provisions for penalties for failure to comply w wage and hour laws will be enforced. In addition, Consultant is required to comply with the statutory requirements relating to employment of apprentices. Consultant also must law. Consultant
before beginning work as set forth in the attached Exhibit D (together, if applicable) which is incorporated by this reference as though set forth in full. Additionally, Consultant is required to comply with all statutory requirements relating to certified payroll records, including the maintenance of the records, their certification, and their availability for inspection.
9 12.8 Discrimination. No person shall be excluded from employment in the performance of this Agreement on the grounds of race, creed, color, sex, age, marital status, sexual orientation or place of national origin. Consultant shall comply with all local, state, and federal laws relating to equal employment opportunity rights.
12.9 Assignment. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City, which shall have the sole discretion to consent to any proposed assignment. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.
12.10 Waiver. No waiver of a provision of this Agreement shall constitute a waiver of any other provision, whether or not similar. No waiver shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
12.11 Force Majeure. Neither Consultant nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.
12.12 Construction of Terms. All parts of this Agreement shall in all cases be construed according to their plain meaning and shall not be construed in favor or against either of the parties. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, in whole or in part, the remainder of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. In the event of any provision shall be adjudged invalid, void or unenforceable, the parties hereto agree to enter into a supplemental agreement to effectuate the intent of the parties and the purposes of this Agreement.
12.13 Controlling Law. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement, with venue proper only in the County of Santa Barbara, State of California.
12.14 Authorization. All officers and individuals executing this and other documents on behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated.
12.15 Entire Agreement. This Agreement, along with its attached exhibits, which are incorporated herein by this reference, constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement may be altered, amended or modified only by a supplemental writing executed by the parties to this Agreement and by no other means.
Each party waives any future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver or estoppel.
10 12.16 Counterparts. This Agreement may be executed in counterparts, each of which shall remain in full force and effect as to each party.
12.17 Severability. In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first written above.
"CITY" "CONSULTANT"
City of Carpinteria Environmental Science Associates
By:_________________________ By:__________________________ Michael Ramirez, City Manager Ruta K. Thomas, So. Cal. Regional Director APPROVED AS TO FORM: ATTEST:
City of Carpinteria City of Carpinteria
By:___________________________ By:___________________________ Jena Shoaf Acos, on behalf of Brian C. Barrett, CMC, CPMC Brownstein Hyatt Farber Schreck, LLP City Clerk
Acting as City Attorney of the City of Carpinteria
11 EXHIBIT A
BASIC SERVICES TO BE PERFORMED
City of Carpinteria, Community Development Department
Project Team Leader: Brian Allee Environmental Science Associates esassoc.com
City of Carpinteria, Community Development Department
PREPARED FOR:
City of Carpinteria, Community Development Department
Mindy Fogg
Principal Planner
PREPARED BY:
Environmental Science Associates
Environmental Science Associates esassoc.com
Table of Contents
SECTION 1
Who is ESA? ......................................................................................................................................... 1 SECTION 2
Meet the Team ..................................................................................................................................2 SECTION 3
Experience That Speaks .........................................................................................................6 SECTION 4
Voices of Trust ................................................................................................................................10 SECTION 5
Our Approach to Project Success ................................................................................11 SECTION 6
Insurance Review ........................................................................................................................2 Environmental Science Associates esassoc.com
SECTION 1
Who is ESA?
SECTION 2
Meet the Team
Brian Allee | Project Manager
Ruta K. Thomas | Project Director
Selena Whitney, AICP | Coastal Policy, Land Use & Planning Lead Alan Sako, LEED AP BD+C | Technical Lead for Air Quality, Energy, Greenhouse Gas, & Noise
Alison Garcia Kellar | Technical Lead for Historic Resources SECTION 3
Experience That Speaks
Miramar Hotel EIR
Back Bay Landing EIR and EIR
Addendum
Marina del Rey Marriott Courtyard and
Residence Inn Hotel EIR Addendum
Hilton Universal City Hotel EIR
Fourth and Central EIR
670 Mesquit Street EIR
SECTION 4
Voices of Trust
SECTION 5
Our Approach to Project Success
Scope of Work
Task 1: Project Initiation and Kickoff Meeting
Task 2: Project Description
Task 3: CEQA Adequacy Peer Review
Task 4: Notice of Preparation/Notice
of Completion, Scoping Meeting
Task 5: Administrative Draft EIR
EXECUTIVE SUMMARY
INTRODUCTION
PROJECT DESCRIPTION
CUMULATIVE PROJECTS IDENTIFICATION
INTRODUCTION TO THE ENVIRONMENTAL ANALYSIS
ENVIRONMENTAL TOPICS
ALTERNATIVES
OTHER CEQA CONSEQUENCES
LIST OF EIR PREPARERS AND REFERENCES
APPENDICES
Task 6: Public Review Draft EIR, “Proof Check” Public Review Draft EIR, Notice of Availability, Notice of Completion
Task 7: Administrative Final
EIR (Draft Response to
Comments)
Task 8: Final EIR (Final Response to Comments)/Notice of Determination
Task 9: Mitigation Monitoring and Reporting Program
Task 10: Meetings
Task 11: Project Management
Project Timeline
SECTION 6
Insurance Review
Team Resumes
12 EXHIBIT B
PAYMENT RATES AND SCHEDULE
City of Carpinteria, Community Development Department
Cost Proposal
Project Team Leader: Brian Allee Environmental Science Associates esassoc.com
Revised Cost Proposal
13 EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross-liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
When applicable, Workers Compensation on a state-approved policy form providing statutory benefits as Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall olicy limits. Policy shall
by the insured first. There shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must s duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement. 14 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Consultant also agrees to require all contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate soany contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, certificate.
15 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to selfcoverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 16 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. Agreement.
23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
17 EXHIBIT D
The Consultant is required to sign and file either a statement acknowledging its obligation to secure payment , or a declaration confirming that as a sole proprietor I, Ruta K. Thomas
before beginning work.
Environmental Science Associates
By:__________________________
Ruta K. Thomas, So. Cal. Regional Director
Dated:________________________
These are the biggest bills for cities this year (so far) Apr 2, 2025
By Cal Cities Staff
State legislators have introduced over 2,300 bills this year, many of which will impact cities. These measures could bolster local revenues, remove dangerous forever chemicals, improve disaster responses, build out critical infrastructure, and change local housing plans.
It’s a long list. Cal Cities lobbyists have sorted through the bill buzz to create a list of the most important bills — the ones city leaders need to act on and a few others to watch as the year unfolds.
Housing, Community, and Economic Development
This year could see some big changes to the state’s housing law, including some proposed by Cal Cities. AB 650 (Papan) would refine parts of the Housing Element Law to ensure the Department of Housing and Community Development (HCD) efficiently certifies local housing plans. The Cal Cities-sponsored bill would allow cities to start drafting their housing elements six months earlier. It would also require HCD to provide more guidance when reviewing draft plans and ensure cities can respond to changes proposed by HCD during the review process.
But one of the most significant housing bills so far is SB 79 (Wiener), which would ignore state-certified housing elements and force cities to automatically approve certain transitoriented development up to seven stories high and at a density of 120 homes per acre.
Transit agencies would have full land use authority on land they own without any requirements to develop housing. Cal Cities strongly opposes the bill.
Cal Cities is also reviewing a 22 permitting reform bill package introduced last week by 16 legislators and the state Attorney General. Lawmakers released the proposal in response to the Assembly Select Committee on Permitting Reform’s white paper. The measures cover everything from the development application process to further enforcement mechanisms for local governments that violate state housing laws.
Agenda Section: Legislative Update
Agenda Item No.: N/A
Council Meeting Date: April 14, 2025
Other notable bills include:
• AB 736 (Wicks): The Affordable Housing Bond Act of 2026 Cal Cities Position: Support
• SB 677 (Wiener): Housing Development: Streamlined Approvals Cal Cities Position: Oppose
Environmental Quality / Emergency Services
One of Cal Cities’ sponsored environmental bills, SB 454 (McNerney), raced through on consent in a packed Senate Environmental Quality Committee hearing this week with unanimous support. The bill would help fund local efforts to remove PFAS — also known as forever chemicals — from water and wastewater supplies.
Next Monday, lawmakers will hear AB 262 (Caloza) in the Assembly Emergency Management Committee. The Cal Cities-backed measure would create an assistance program under the Office of Emergency Services to support communities impacted by disasters. This would help ensure California can provide disaster assistance in the event federal aid is unavailable.
The Assembly Water, Parks, and Wildlife Committee will hear AB 846 (Connolly) next Tuesday. The measure would streamline the California Department of Fish and Wildlife permitting process for vegetation management projects in fire-prone areas. Cal Cities sponsored a similar measure in 2024, which Gov. Gavin Newsom vetoed due to its costs.
This new version seeks to address those concerns while ensuring that cities can more quickly clear flammable vegetation to prevent future wildfires.
Other notable bills include:
• AB 372 (Bennett) Office of Emergency Services: state matching funds: water system infrastructure improvements
Cal Cities Position: Support
• AB 1153 (Bonta) Solid waste disposal site cleanup: illegal disposal site abatement Cal Cities Position: Support
• AB 452 (Irwin) Coastal recreation: designated state surfing reserves Cal Cities Position: Support If Amended
• AB 436 (Ransom) Composting facilities: zoning
Cal Cities Position: Support
Community Services
Cal Cities is co-sponsoring SB 569 (Blakespear) with the city of San Diego. This measure would improve coordination between state agencies and cities when addressing homeless encampments on state properties. The bill has gained support from local leaders throughout the state.
Cal Cities is also sponsoring a package of bills that would address concerns over the state’s oversight of alcohol and drug treatment facilities. The Senate Health Committee will hear SB 35 (Umberg) on April 23. The measure would ensure the Department of Health Care Services provides timely and thorough oversight of sober living homes that illegally advertise treatment services.
Other sponsored bills — AB 492 (Valencia), AB 424 (Davies), and SB 329 (Blakespear) — would implement recommendations from a state audit on the state’s oversight over recovery homes. Some other notable bills include:
• SB 456 (Ashby) Contractors: Exemptions: Muralists
Cal Cities Position: Sponsor
Transportation, Communications, and Public Works
Cal Cities is sponsoring a bill that would make it easier for cities to comply with the state’s Advanced Clean Fleets rule. SB 496 (Hurtado) would establish an appeals board to review extension request denials and create several much-needed reforms.
Two other sponsored measures would help combat copper theft and fund critical local infrastructure projects. AB 476 (González, Mark) would enhance reporting requirements for recyclers and expand the definition of public infrastructure nonferrous metals to include things like streetlights and manhole covers. SB 74 (Seyarto) would create a “gap fund” grant program that covers up to 20% of the remaining costs for eligible projects.
Other notable bills include:
• AB 911 (Carrillo) Telecommunications: Advance Clean Fleets Cal Cities Position Support
• AB 620 (Jackson) Rentals: Advance Clean Fleets
Cal Cities Position: Support
• AB 538 (Berman) Payroll Records
Cal Cities Position: Oppose
• SB 431 (Arreguín) Assault on Public Works Employees
Cal Cities Position: Support
Revenue and Taxation
Cal Cities is sponsoring a bill that would help cities better enforce their short-term rental ordinances and collect transient occupancy taxes (TOT). SB 346 (Durazo) would require short-term rental facilitators, at the request of a city, to provide a listing’s Assessor Parcel Number to a city. It would also give cities the ability to audit TOT collected and remitted by short-term rental facilitators and require platforms to publish the local license number and TOT Certification on their short-term rental listings.
A measure supported by Cal Cities, AB 330 (Rogers), would extend the sunset date on the Local Prepaid Mobile Telephony Services Collections Act. It authorizes local governments to apply public safety charges and utility user taxes (UUT) to prepaid wireless bills. If lawmakers do not extend the act, over 100 cities will lose their ability to collect UUT for prepaid wireless services at the end of the year.
Other notable bills include:
• SB 710 (Blakespear) Property taxation: active solar energy systems: extension Cal Cities Position: Oppose
• SB 696 (Alvarado-Gil) Sales and Use Tax Law: exemptions: firefighting equipment
Cal Cities Position: Support (Pending amendments)
Public Safety
Cal Cities has taken positions on several bills sponsored by Insurance Commissioner Ricardo Lara focused on wildfire mitigation, recovery, and fire insurance availability, including AB 1 (Connolly). The bill would require the Department of Insurance to consider updating its Safer from Wildfires regulations to include home hardening efforts.
The Safer from Wildfires regulations incentivize homeowners to invest in specific wildfire risk reduction measures by requiring admitted insurers to reflect and take into account these measures in their ratings. These efforts could include creating a five-foot emberresistant zone around homes, Class-A fire-rated roofs, enclosed eaves, and noncombustible construction materials, among many other steps.
The current regulations do not incorporate the benefits of home hardening and community-hardening efforts in relation to rates. This has led some insurers to not write or renew policies. Including home hardening efforts in these regulations would help to address the insurance crisis by improving the availability of insurance coverage.
Other notable bills include:
• AB 237 (Patel) Crimes: Threats
Cal Cities Position: Support
• Ab 400 (Pacheco) Law Enforcement: Police Canines
Cal Cities Position: Support
• SB 6 (Ashby) Controlled Substance: Xylazine
Cal Cities Position: Support
• SB 19 (Rubio) Threats: Schools and Places of Worship
Cal Cities Position: Support
• SB 759 (Archuleta) Crimes: Supervised Release
Cal Cities Position: Support
Governance, Transparency, and Labor Relations
Legislators are again weighing changes to California’s open meetings and labor laws. A bill co-sponsored by Cal Cities, SB 239 (Arreguín), would modernize the Brown Act by removing the in-person requirement for some local advisory bodies. The narrowly tailored bill includes several notable limitations and is backed by disability rights organizations.
Another measure, AB 339 (Ortega), would require public agencies to provide written notice to unions no less than 120 days before issuing a request to change existing contracts that are within the scope of the jobs represented by the organization. Cal Cities and a host of other organizations oppose the measure, as its impractical nature would undermine vital public services — especially during natural disasters and other emergencies.
Cal Cities also opposes two bills that would restrict employer-employee communications. AB 340 (Ahrens) would prohibit cities from questioning employees or their union representatives about communications concerning workplace matters. AB 1109 (Kalra) would effectively create an attorney-client privilege between a union agent and a represented employee for certain confidential communications.
Both bills would restrict cities’ ability to conduct workplace investigations while adding new costs and liability. Other notable bills include:
• SB 707 (Durazo) Open meetings: meeting and teleconference requirements Cal Cities Position: Concerns
• AB 465 (Zbur) Local public employees: memoranda of understanding Cal Cities Position: Oppose
What can my city do?
Lawmakers will break on April 10 for Spring Recess and return to the Capitol on April 21 — two days before Cal Cities’ marque advocacy event in Sacramento. Legislators have until May 16 to get their bills through the first round of policy committee meetings, so expect a flurry of action alerts and updates in the coming weeks.
Keep your eyes open for a new and improved State Bills in Brief — delivered a few days early to Cal Cities members via Cal Cities’ public affairs managers. To learn how you can make your voice heard, contact your regional public affairs manager.