Agenda packet — Port Hueneme City Council, October 21, 2024

CC Regular Meeting Agenda – October 21, 2024, Page 1 of 4 Monday, October 21, 2024
Port Hueneme City Hall
250 North Ventura Road, Port Hueneme, CA 93041
5:30 PM Closed Session | 6:30 PM Regular Meeting
The following provides information to the public on how to participate at this meeting:

Watch Meetings Live or On-Demand
Official City Page: https://porthuenemeca.suiteonemedia.com YouTube: https://www.youtube.com/@cityofporthuenemegov
Public Comments
Public comments may be submitted in person or in writing.

In-Person: Complete a speaker request card located at the entrance of the Council Chamber and give it to the City Clerk. Your name will be called when it is your turn to speak. Public Comment is limited to 3 minutes per speaker, unless for good cause, the Mayor amends the time limit. A speaker’s time may not be transferred to another speaker.

Written: All written public comments shall be no more than 500 words and are subject to the Public Records Act. Written comments should be submitted to the City Clerk by 5:00 p.m. on the day of the City Council meeting by email or directly to the City Clerk’s Office. Email [email protected] and enter “City Council Public Comment” in the Subject line (and agenda item number if applicable). Mail or drop off written comments to the City Clerk’s Office located at 250 N. Ventura Road, Port Hueneme, CA 93041. Please clearly mark envelope with “Public Comment and meeting date”.

Translation Services
Use of a Translator
* The City shall provide a translator if one is requested by a member of the public with a 48-hour advance notice. If a 48-hour advance notice is not provided, the member of the public may provide their own translator. To request a translator, please contact [email protected]. * Per California Government Code 54954.3, if an individual utilizes a translator during Public Statements, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.
* If the City provides a translator or translation equipment that allows for the simultaneous translation of the testimony, then no additional time shall be granted.

Uso de traductor
* La Ciudad proporcionará un traductor si un miembro del público lo solicita con un aviso de 48 horas de anticipación. Si no se avisa con 48 horas de anticipación, el público podrá proporcionar su propio traductor.

Para solicitar un traductor, comuníquese con [email protected].

CC Regular Meeting Agenda – October 21, 2024, Page 2 of 4 * Según el Código de Gobierno de California 54954.3, si una persona utiliza un traductor durante las declaraciones públicas, el cuerpo legislativo de una agencia local deberá proporcionar al menos el doble del tiempo asignado a un miembro del público que utilice un traductor para garantizar que las personas que no hablan inglés reciban la misma oportunidad de dirigirse directamente al cuerpo legislativo de una agencia local.
* Si la Ciudad proporciona un traductor o equipo de traducción que permita la traducción simultánea del testimonio, entonces no se concederá tiempo adicional.

Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, contact the office of the city clerk at (805) 986-6503 or [email protected]. Notice 48 hours prior to the meeting will enable the city to make reasonable arrangements to allow participation in this meeting.

Levine Act Disclaimer
The Levine Act (Gov. Code, § 84308) requires any Party, Participant, or Agent in a Proceeding, as those terms are defined in Government Code section 84308 and Title 2, California Code of Regulations, Sections 18400 et seq., before the City of Port Hueneme that involves any action or consideration to their contract, license, permit, or other entitlement for use to disclose any campaign contributions made to City elected or appointed Officers totaling more than $250 within the 12 months prior to the City decision. Any City elected or appointed Officer who has received a contribution totaling more than $250 within the preceding twelve (12) months from a Party, Agent, or Participant, shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use the Officer’s official position to influence the decision. Violations of Government Code section 84308 may result in a civil action brought by the FPPC for an amount up to five thousand dollars ($5,000) per violation. Any person who knowingly or willfully violates any provision of the Political Reform Act is guilty of a misdemeanor and subject to a fine of up to the greater of ten thousand dollars ($10,000) or three times the amount the person unlawfully contributed upon conviction for each violation. Any Party, Participant, or Agent is further prohibited from making, and any elected or appointed City Officer is prohibited from soliciting or accepting, any contribution in excess of $250 for a period of twelve (12) months following any proceeding described above. 5:30 PM – CITY COUNCIL CLOSED SESSION AGENDA

CALL TO ORDER

ROLL CALL
Councilmembers Steven A. Gama, Laura D. Hernandez, Roberto “Bobby” Martinez; Mayor Pro Tem Martha R. McQueen-Legohn; and Mayor Misty Perez
PUBLIC COMMENT (10 Minutes)
The Council will hear closed session public comments for a maximum of 10 minutes. In-person public comments should be no more than 3 minutes in length. Written comments should be no more than 500 words. Please see Agenda cover page for submission instructions.

CLOSED SESSION ITEMS
With respect to every item of business to be discussed in CLOSED SESSION, pursuant to the California Government Code:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Position: City Attorney
Authority: Government Code Section 54957(b)(1)
CONFLICT OF INTEREST and LEVINE ACT DISCLOSURES

RECESS TO CLOSED SESSION
CC Regular Meeting Agenda – October 21, 2024, Page 3 of 4 6:30 PM CITY COUNCIL REGULAR MEETING AGENDA

CALL TO ORDER / FLAG SALUTE

ROLL CALL
Councilmembers Steven A. Gama, Laura D. Hernandez, Roberto “Bobby” Martinez; Mayor Pro Tem Martha R. McQueen-Legohn; and Mayor Misty Perez

INSPIRATION
Given by Councilmember Hernandez

CLOSED SESSION REPORT

PUBLIC COMMENT
Members of the public may submit comments for items on the Agenda or that is within the subject matter jurisdiction of the City Council. General public comments regarding items Not on the Agenda will be heard at this time. State law prohibits Council from taking action on any item Not on the Agenda. Comments regarding items on the Agenda will be heard when the item is addressed. In-person public comments should be no more than 3 minutes in length. Written comments should be no more than 500 words. Please see Agenda cover page for submission instructions.

AGENDA APPROVAL FOR CITY COUNCIL
City Council Agenda
Recommendation: Approve the City Council Agenda of October 21, 2024.

CONFLICT OF INTEREST and LEVINE ACT DISCLOSURES

PRESENTATIONS

1. Down Syndrome Awareness Month Proclamation

2. Cybersecurity Awareness Month Proclamation

3. Gun Violence Restraining Order Presentation by Ventura County Deputy District Attorney Rikole Kelly

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be considered routine by the governing body, and will be enacted by one motion in the form listed. There will be no discussion of these items unless, before the governing body votes on the motion to adopt, specific items are removed from the Consent Calendar for separate motions.

4. Minutes
Recommendation: Approve the October 7, 2024, City Council Regular Meeting Minutes.

5. Register of Disbursements
Recommendation: Receive and file the City’s register of disbursements for the period of September 30, 2024 through October 15, 2024.

PUBLIC HEARINGS – None.

BUSINESS ITEMS

6. Smoking in Multi-Unit Residential Buildings: Consideration of City Regulations Recommendation: Review the attached information regarding smoking prohibitions in multi-unit housing (MUH), consider options to modify the City’s Smoking Ordinance and provide staff with direction.

CC Regular Meeting Agenda – October 21, 2024, Page 4 of 4

7. 2024 Hueneme Beach Festival Summary and Plan for 2025 Recommendation:

1. Receive an informational report about the event details associated with the 2024 Hueneme Beach Festival; and

2. Authorize staff to plan the 2025 Hueneme Beach Festival under the current structure to be held on Saturday July 12 and Sunday July 13, 2025.

8. Waiver of Fees Associated with Orvene S. Carpenter Use of Community Center Auditorium for One-Hundredth Birthday Celebration
Recommendation: Adopt a resolution waiving fees associated with Orvene S. Carpenter’s use of the auditorium at the Orvene S. Carpenter Community Center on Friday, January 31, 2025 from 2:00 p.m. to 7:00 p.m. to hold a private event celebrating his one hundredth birthday.

9. Channel Islands Harbor Dredging Project Update
Recommendation: Receive an update on the Channel Islands Harbor dredging project, which impacts Hueneme Beach and expressly authorize the Mayor to sign letters on behalf of the City Council to highlight the significance of this project to State and Federal representatives.

CITY MANAGER COMMENTS AND REPORTS
COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Members are appointed to various Regional Committees/Agencies/Boards and will report out on their activities within these organizations and put forth any comments in regards to community events at this time.

REQUEST FOR FUTURE AGENDA ITEMS
Councilmembers may request items to be placed on future agendas at this time. All requested items will require a motion, a second, and a majority vote, per adopted Council policies, to be placed on a future agenda and will be scheduled at the City Manager’s discretion.

ADJOURNMENT
The City Council will adjourn to its next regular meeting scheduled for Monday, November 4, 2024, at 6:30 p.m.
_____________________________________________________________________________________________ Copies of staff reports or other written documentation relating to each item of business referred to in this Agenda are available for public inspection in the Office of the City Clerk and on the City’s website at www.cityofporthueneme.org. Materials received after agenda packet distributions are made available to the public on the City’s website and in the City Clerk’s office at the same time they are provided to the Council.

I, Georgianna Nicole Alvarez, City Clerk of the City of Port Hueneme, do hereby affirm that the agenda was posted at least 72 hours in advance of the meeting on the City’s website and near the front entrance of Port Hueneme City Hall, 250 N. Ventura Road, Port Hueneme, California, 93041, in accordance with California Government Code Section 54954.2(a).

THIS IS A PRESENTATION ITEM ONLY
Agenda Item No. 01 Page 1 of 1 CC Agenda 10-21-2024

THIS IS A PRESENTATION ITEM ONLY
Agenda Item No. 02 Page 1 of 1 CC Agenda 10-21-2024

THIS IS A PRESENTATION ITEM ONLY
Agenda Item No. 03 Page 1 of 1 CC Agenda 10-21-2024
CC HA Regular Meeting Minutes – October 7, 2024, Page 1 of 7 Monday, October 7, 2024
Port Hueneme City Hall
250 North Ventura Road, Port Hueneme, CA 93041
6:30 PM
The following information was provided to the public on how to participate in City meetings:

In-Person: Complete a speaker request card located at the entrance of the Council Chamber and give it to the City/Authority Clerk. Your name will be called when it is your turn to speak. Public comment is limited to 3 minutes per speaker, unless for good cause, the Mayor amends the time limit. A speaker’s time may not be transferred to another speaker.

Written: All written public comments should be no more than 500 words and are subject to the Public Records Act. Written comments should be submitted to the City/Authority Clerk by 5:00 p.m. on the day of the City Council/Housing Authority meeting by email or directly to the City/Authority Clerk’s Office. Email [email protected] and enter “City Council (or Housing Authority) Public Comment” in the Subject line (and agenda item number if applicable). Mail or drop off written comments to the City/Authority Clerk’s Office located at 250 N. Ventura Road, Port Hueneme, CA 93041. Please clearly mark envelope with “City Council (or Housing Authority) Public Comment and meeting date”.

Para solicitar un traductor, comuníquese con [email protected].

Agenda Item No. 04 Page 1 of 7 CC Agenda 10-21-2024
CC HA Regular Meeting Minutes – October 7, 2024, Page 2 of 7 * Según el Código de Gobierno de California 54954.3, si una persona utiliza un traductor durante las declaraciones públicas, el cuerpo legislativo de una agencia local deberá proporcionar al menos el doble del tiempo asignado a un miembro del público que utilice un traductor para garantizar que las personas que no hablan inglés reciban la misma oportunidad de dirigirse directamente al cuerpo legislativo de una agencia local.
* Si la Ciudad proporciona un traductor o equipo de traducción que permita la traducción simultánea del testimonio, entonces no se concederá tiempo adicional.

CALL TO ORDER / FLAG SALUTE
Mayor Perez called the meeting to order at 6:30 p.m. and led the flag salute.

ROLL CALL

Present: Councilmembers Steven A. Gama, Laura D. Hernandez, Roberto “Bobby” Martinez; Mayor Pro Tem Martha R. McQueen-Legohn; Mayor Misty Perez

Absent: None

INSPIRATION
Given by Mayor Perez

PUBLIC COMMENT
Public comments were provided in person by the following:
• Becky Breuning
• Seth Bonilla
• Ann Hein
Public comments were submitted via email and read by City Clerk Georgianna Alvarez by the following:
• David Scrivner
Agenda Item No. 04 Page 2 of 7 CC Agenda 10-21-2024
CC HA Regular Meeting Minutes – October 7, 2024, Page 3 of 7

AGENDA APPROVAL FOR CITY COUNCIL
City Council Agenda
A motion was made by Councilmember Gama, seconded by Councilmember Hernandez, and passed unanimously to approve the City Council Agenda of October 7, 2024.

CONFLICT OF INTEREST and LEVINE ACT DISCLOSURES – None.

RECESS THE CITY COUNCIL MEETNG AND CALL TO ORDER THE HOUSING AUTHORITY

REGULAR MEETING
Mayor/Chair Perez recessed the City Council Meeting and called to order the Housing Authority Regular meeting at 6:44 p.m.

ROLL CALL

Present: Port Hueneme Housing Authority Members Johnny Brown, Steven A. Gama, Laura D.

Hernandez, and Roberto “Bobby” Martinez; Vice Chair Martha R. McQueen-Legohn, and Chair Misty Perez

Absent: Member Robert Blackwell
HOUSING AUTHORITY PUBLIC COMMENT – None.

HOUSING AUTHORITY CONSENT CALENDAR
A motion was made by Member Hernandez, seconded by Member Gama, to approve the Consent Calendar, as presented.

Motion passed 6-0-1 as follows:

AYES: Brown, Gama, Hernandez, Martinez, McQueen-Legohn, Perez NOES: None; ABSENT: Blackwell; ABSTAIN: None
Authority Members:

1. Minutes
Approved the July 15 2024, Housing Authority Special Meeting Minutes.

2. Minutes
Approved the July 29, 2024, Housing Authority Special Meeting Minutes.

3. Register of Disbursements
Received and filed the Housing Authority’s register of disbursements for the period of July 3, 2024 through September 29, 2024.

Executive Director James Vega commented.

HOUSING AUTHORITY BUSINESS ITEMS – None.

AUTHORITY MEMBERS’ REPORTS, COMMENTS, & REQUESTS FOR FUTURE AGENDA ITEMS
Member Gama:

1. Requested an item be added to a future Housing Authority agenda regarding an update on the Willowbrook project, seconded by Member Martinez. Motion passed, 6-0-1 (Blackwell absent).

Agenda Item No. 04 Page 3 of 7 CC Agenda 10-21-2024
CC HA Regular Meeting Minutes – October 7, 2024, Page 4 of 7

ADJOURNMENT OF THE PORT HUENEME HOUSING AUTHORITY
The Port Hueneme Housing Authority adjourned at 6:47 p.m. to the next regular meeting scheduled for November 4, 2024, at 6:30 p.m.

Respectfully Submitted:

Georgianna Nicole Alvarez, MMC, CPMC
Authority Clerk
Approved this ___ day of ____________, 2024:
_________________________________
Misty Perez, Chair

RECONVENE CITY COUNCIL REGULAR MEETING
Mayor Perez reconvened the City Council Regular Meeting at 6:47 p.m.

PRESENTATIONS

4. Quarterly Employee Recognition
• 20 years of service – Aurelio Reyes, Solid Waste Equipment Operator Lead Aurelio Reyes (not present) was recognized for his years of service with the City.

5. Breast Cancer Awareness Proclamation
Councilmember Gama read the proclamation into record recognizing October 2024 as “Breast Cancer Awareness Month” in the City of Port Hueneme and encouraged the community to help raise awareness and support the fight against breast cancer. Police Chief Federico announced the Police Department’s efforts to bring awareness to breast cancer and domestic violence. The proclamation was presented to Becky Breuning.

6. Domestic Violence Awareness Proclamation
Mayor Perez, with Council consensus, dedicated the proclamation in memory of Jessica Tinoco, a recent victim of domestic violence in Simi Valley. Councilmember Hernandez read the proclamation into record recognizing October 2024 as “Domestic Violence Awareness Month” in the City of Port Hueneme and encouraged the community to participate in programs and outreach efforts aimed towards educating and supporting those who are victims of domestic violence. Police Chief Federico commented on the Police Department’s advocacy efforts regarding domestic violence. The proclamation was presented to the Police Department’s inhouse victims’ advocate, Pat Mages.

CONSENT CALENDAR
Councilmember Hernandez requested to pull Consent Calendar Item No. 8 for discussion.

A motion was made by Councilmember Gama, seconded by Councilmember Martinez, to pull Consent Calendar Item No. 8, and approve Consent Calendar Item Nos. 7 and 9, as presented.

Motion passed 5-0 as follows:

AYES: Gama, Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: None; ABSTAIN: None
Agenda Item No. 04 Page 4 of 7 CC Agenda 10-21-2024
CC HA Regular Meeting Minutes – October 7, 2024, Page 5 of 7 City Council:

7. Minutes
Approved the September 16, 2024, City Council Regular Meeting Minutes.

9. Co-Sponsorship of Pickleball Tournament at Moranda Park Organized by Recreation, Education, Activities & Culture in Hueneme (REACH)
Adopted Resolution No. 4513, a resolution approving the City’s co-sponsorship of REACH’s Pickleball Tournament at Moranda Park on November 9, 2024, from 8:00 a.m. to 5:00 p.m.

CONSENT CALENDAR ITEM PULLED FOR DISCUSSION

8. Register of Disbursements
Recommendation: Receive and file the City’s register of disbursements for the period of September 11, 2024 through September 29, 2024.

City Manager James Vega answered clarifying questions.

A motion was made by Councilmember Hernandez, seconded by Councilmember Gama, to approve Consent Calendar item No. 8, as presented.

Motion passed 5-0 as follows:

AYES: Gama, Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: None; ABSTAIN: None
PUBLIC HEARINGS – None.

BUSINESS ITEMS

10. Update on City Traffic and Pedestrian Safety Efforts Recommendation: Receive an update on the City’s traffic and pedestrian safety efforts, and received requested pedestrian related data, and provide direction.

City Manager James Vega presented the report. Questions and comments followed.

There were no public comments.

A motion was made by Councilmember Gama, seconded by Councilmember Hernandez, to receive an update on the City’s traffic and pedestrian safety efforts, receive requested pedestrian related data, and provided direction to move forward with the pedestrian safety campaign.

Motion passed 5-0 as follows:

AYES: Gama, Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: None; ABSTAIN: None

11. Award of Contract for Cannabis Revenue Audit Services Recommendation: Authorize the City Manager to award the contract for Cannabis Revenue Audit Services (Limited Scope) to Booth Management Consulting (B.M.C), which is anticipated to significantly reduce costs to local businesses associated with these audits.

City Manager James Vega provided a brief introduction and Finance Director Lupe Acero presented the report. Questions and comments followed. There were no public comments.

Agenda Item No. 04 Page 5 of 7 CC Agenda 10-21-2024
CC HA Regular Meeting Minutes – October 7, 2024, Page 6 of 7 A motion was made by Councilmember Hernandez, seconded by Mayor Pro Tem McQueen-Legohn, to authorize the City Manager to award the contract for Cannabis Revenue Audit Services (Limited Scope) to Booth Management Consulting (B.M.C).

Motion passed 5-0 as follows:

AYES: Gama, Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: None; ABSTAIN: None

12. Community Benefit Fund – 2024 Project List
Recommendation: Receive and approve the proposed list of Community Benefit Fund projects for Fiscal Year 2024/2025.

City Manager James Vega presented the report. Questions followed. There were no public comments.

A motion was made by Councilmember Hernandez, seconded by Councilmember Martinez, to approve the implementation funding for the City’s economic development plan as the final project on the 2024 Community Benefit Fund project list.

Motion passed 5-0 as follows:

AYES: Gama, Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: None; ABSTAIN: None

CITY MANAGER COMMENTS AND REPORTS
City Manager James Vega provided comments and reports regarding the following topics:
• Recent events: Coastal Cleanup, Touch-a-Truck, and Community Emergency Response Team (CERT) Training
• Utility Billing reminder
• Upcoming events and projects: Spook-Tacular, Movie at Bolker Park, and Beach Walkway Improvement Project
• Dredging Update
• Upcoming Council meeting topics
COUNCILMEMBERS’ REPORTS AND COMMENTS
Council provided comments and reports regarding the following topics:

Councilmember Martinez:
• Sister City Committee
• REACH pickleball tournament
Councilmember Gama:
• Request to waive fees for the Orvene Carpenter Community Center • Book, Me ‘n Paul and Old Hueneme
• Dredge project
Councilmember Hernandez:
• Thanked the Mayor for a good meeting
• Thanks to all those who participated with the Coastal Cleanup event • Association of Water Agencies (AWA) Annual Award Meeting • Military Appreciation Night
• Great Shakeout exercise & Community Emergency Response Team (CERT) training • Southern California Association of Governments (SCAG) Demographic Workshop • Institute of Local Government online session regarding updates to the Brown Act and new legislation
Agenda Item No. 04 Page 6 of 7 CC Agenda 10-21-2024
CC HA Regular Meeting Minutes – October 7, 2024, Page 7 of 7 • The Veterans of Foreign Wars (VFW) Post 3935 80th birthday • Tea con Límon – Latino History Month Celebration
Mayor Pro Tem McQueen-Legohn:
• Thanks to Councilmember Hernandez and Councilmember Gama for coordination with the Coastal Cleanup event
• Military Appreciation Dinner
• Latino History Month event
• American Public Transportation Association (APTA) Conference • Back to all meetings
Councilmember Gama:
• Thanks to City Attorney Smyth for attending Hueneme beach cleanup • Touch-a-Truck event
Mayor Perez:
• Lions Club Teacher of the Month program
• Touch-a-Truck event & kudos to Parks and Recreation
• Coastal Cleanup event
• Relay for Life – Team Becky
• Presented proclamation at Banana Festival
• Attended committee meetings, nothing to report out
• CERT training

REQUEST FOR FUTURE AGENDA ITEMS
Councilmember Gama:

1. Requested an item be added to a future Council agenda to consider waiving fees for Orvene Carpenter’s 100th birthday event at the Orvene Carpenter Community Center, seconded by Councilmember Martinez. Motion passed unanimously, 5-0.

Mayor Perez:

1. Requested an item be added to a future Council agenda regarding a traffic analysis for a potential blind spot with eastbound travelers turning into Lido Boulevard to enter Hueneme Bay with westbound traffic on Channel Islands Boulevard, seconded by Councilmember Martinez. Motion passed unanimously, 5-0.

ADJOURNMENT:

The City Council adjourned at 8:09 p.m. to its next regular meeting scheduled for Monday, October 21, 2024, at 6:30 p.m.

Respectfully Submitted:

Georgianna Nicole Alvarez, MMC, CPMC
City Clerk
Approved this 4
th day of November, 2024:
_________________________________
Misty Perez, Mayor
Agenda Item No. 04 Page 7 of 7 CC Agenda 10-21-2024

DATE: October 21, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Lupe Acero, Finance Director
SUBJECT: REGISTER OF DISBURSEMENTS
RECOMMENDATION:

Receive and file the City’s Register of Disbursements for the period of September 30, 2024 through October 15, 2024.

BACKGROUND/ANALYSIS:

Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Finance Department staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City’s Purchasing Policies and Procedures Manual. The summary table below represents the Register of Disbursements as required by the Municipal Code § 2302 and included for the listed check dates. The disbursements are accounted for in the current budget.

Date Type of Payment Attachment Amount
September 30, 2024 A/P Check 138130 A $168.00
October 2, 2024 EFT Transaction 27700
A/P Checks 138131-138216
B $378,573.24
October 4, 2024 Payroll Distribution C $407,741.05
October 10, 2024 Eft Transaction 27701 D $20,518.19
October 14, 2024 EFT Transaction 27702 E $8,518.46
October 15, 2024 A/P Checks 138217-138226 $1,133,096.54 TOTAL $1,948,615.48
FISCAL IMPACT:

This is an informational report only.

Agenda Item No. 05 Page 1 of 18 CC Agenda 10-21-2024
Disbursements September 30, 2024 through October 15, 2024 October 21, 2024

Page 2 ends

ATTACHMENTS:

A through F: Disbursement Registers
Agenda Item No. 05 Page 2 of 18 CC Agenda 10-21-2024
Disbursements for 9/30/2024 Attachment A
10/16/2024
Accounts Payable Check Register
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount REFUND 99999 CUST ACCT CLOSEDWATER/SEWER/TRASH UTIL DEP REFND301000-2408 Water Operations Fund 000036983- 001027256
09/30/2024 138130 168.00
Grand Total 168.00
Check No. 138130
Check Total: 168.00
Agenda Item No. 05 Page 3 of 18 CC Agenda 10-21-2024
Disbursements for 10/2/2024 Attachment B
10/16/2024
Accounts Payable Check Register
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount ALEXANDER'S CONTRACT SERVICES, INC 3755 SEPTEMBER 2024 WATER METER READING SERVICE CYCLE 1
301560-5204 Water Operations Fund 25019 105350 10/02/2024 27700 3,226.00 ALEXANDER'S CONTRACT SERVICES, INC 3755 SEPTEMBER 2024 WATER METER READING SERVICE CYCLE 2
301560-5204 Water Operations Fund 25019 105351 10/02/2024 27700 3,930.00 ANDY GUMP, INC 5544 7/26/24 SERVICE OF LIFEGRD PORTABLE BATHROOM 101673-5220 General Fund INV1157421 10/02/2024 138131 69.00 ANDY GUMP, INC 5544 7/31/24-8/27/24 LIFEGRD PORTABLE BATHROOM RENTAL
101672-5220 General Fund INV1158582 10/02/2024 138131 1,160.38 ANDY'S AUTOMOTIOVE REPAIR INC 5407 AUTOMOTIVE REPAIRS-PDPAT VEH80316-AIR

CONDITIONING
101554-5215 General Fund 191 10/02/2024 138132 254.00
BATTERIES PLUS BULBS 4877 STREETS SUPPLIES-12 V BATTERYS/AA BATTERIES 204551-5601 Gas Tax Fund P75902795 10/02/2024 138133 176.19 BEE SPECIALIST 4365 BEE REMOVAL-185 PELICAN POINTE CT METER BOX 301560-5204 Water Operations Fund 72040 10/02/2024 138134 187.50 BURKE, WILLIAMS & SORENSEN, LLP 287 AUG'24 PROFESSIONAL LEGAL SERVICES 101115-5202 General Fund 20240069 328028 10/02/2024 138135 2,795.00 BURKE, WILLIAMS & SORENSEN, LLP 287 ADD'L AUG'24 PROFESSIONAL LEGAL SERVICES 101115-5202 General Fund 20240069 328074 10/02/2024 138135 85.50 CALIFORNIA HOSE 4937 AUTOMOTIVE REPAIRS-PWSW VEH 9123-HOSE/HOSE

FITTING
101554-5523 General Fund 34924 10/02/2024 138136 238.32 CALIFORNIA HOSE 4937 AUTOMOTIVE SUPPLIES-INVENTORY-DEF FILTERS 101554-5520 General Fund 35191 10/02/2024 138136 504.34 CALIFORNIA HOSE 4937 AUTOMOTIVE REPAIRS-PWSW VEH 9123-HOSE/HOSE

FITTING
101554-5523 General Fund 35192 10/02/2024 138136 83.65
CALIFORNIA JPIA 292 ALL RISK PROPERTY INSURANCE 7/1/24-7/1/25 101114-5313 General Fund PROP02455 10/02/2024 138137 58,441.00 CALIFORNIA JPIA 292 ALL RISK PROPERTY INSURANCE 7/1/24-7/1/25 101114-5315 General Fund PROP02455 10/02/2024 138137 137,664.00 CALIFORNIA JPIA 292 ALL RISK PROPERTY INSURANCE 7/1/24-7/1/25 101114-5315 General Fund PROP02455 10/02/2024 138137 6,495.00 CALIFORNIA JPIA 292 ALL RISK PROPERTY INSURANCE 7/1/24-7/1/25 101114-5313 General Fund PROP02455 10/02/2024 138137 544.00 CALIFORNIA JPIA 292 ALL RISK PROPERTY INSURANCE 7/1/24-7/1/25 101114-5315 General Fund PROP02455 10/02/2024 138137 1,730.00 CALIFORNIA JPIA 292 ALL RISK PROPERTY INSURANCE 7/1/24-7/1/25 101114-5313 General Fund PROP02455 10/02/2024 138137 47,410.00 CALIFORNIA UNDERGROUND FACILITIES 5112 CA STATE FEE FOR REGULATORY COSTS - DIG ALERT SVCS
301560-5204 Water Operations Fund 24-251066 10/02/2024 138138 17.14 CALIFORNIA UNDERGROUND FACILITIES 5112 CA STATE FEE FOR REGULATORY COSTS - DIG ALERT SVCS
303562-5204 Wastewater Operations
Fund
24-251066 10/02/2024 138138 17.14
Check No. 27700
Check Total: 7156.00
Check No. 138131
Check Total: 1229.38
Check No. 138132
Check Total: 254.00
Check No. 138133
Check Total: 176.19
Check No. 138134
Check Total: 187.50
Check No. 138135
Check Total: 2880.50
Check No. 138136
Check Total: 826.31
Check No. 138137
Check Total: 252284.00
Check No. 138138
Check Total: 34.28
Check No. 138139
Agenda Item No. 05 Page 4 of 18 CC Agenda 10-21-2024
Disbursements for 10/2/2024 Attachment B
10/16/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount CALIFORNIA WOOD RECYCLING 291 JULY 1-15, 2024 WOOD AND BRUSH BILLING 304563-5233 Solid Waste Operations Fund
145053C-IN 10/02/2024 138139 269.44
CANON FINANCIAL SERVICES, INC 3733 001-0668326-007 FAXBOARD -9/10/24-10/9/24 101111-5220 General Fund 35243619 10/02/2024 138140 10.06 CANON FINANCIAL SERVICES, INC 3733 001-0668326-004 COPIER/001-0668326-006 FAXBOARD 101111-5220 General Fund 35243610 10/02/2024 138141 30.06 CANON FINANCIAL SERVICES, INC 3733 001-0668326-004 COPIER/001-0668326-006 FAXBOARD 101111-5220 General Fund 35243610 10/02/2024 138141 177.68 CANON FINANCIAL SERVICES, INC 3733 001-6683236-003 PW COPIER 9/10/24-10/9/24 SERVICES 304563-5220 Solid Waste Operations Fund
35243606 10/02/2024 138142 91.28
CANON FINANCIAL SERVICES, INC 3733 001-6683236-003 PW COPIER 9/10/24-10/9/24 SERVICES 301560-5220 Water Operations Fund 35243606 10/02/2024 138142 91.27 CANON FINANCIAL SERVICES, INC 3733 001-6683236-003 PW COPIER 9/10/24-10/9/24 SERVICES 303562-5220 Wastewater Operations Fund
35243606 10/02/2024 138142 91.27
CANON FINANCIAL SERVICES, INC 3733 001-0668326-005 CD COPIER SERVICES-9/10/24-10/9/24 101330-5220 General Fund 35243616 10/02/2024 138143 163.51 CANON FINANCIAL SERVICES, INC 3733 001-0668326-002 COPIER 9/10/24-10/9/24 SERVICE 101112-5220 General Fund 35243603 10/02/2024 138144 257.50 CED ROYAL INDUSTRIAL SOLUTIONS 3689 STORM DAMAGE REPAIRS-CIRCUIT BREAKERS 101111-5250 General Fund 9009-1048844 10/02/2024 138145 60.77 CED ROYAL INDUSTRIAL SOLUTIONS 3689 STORM DAMAGE REPAIRS-CIRCUIT BREAKERS 101111-5250 General Fund 9009-1048893 10/02/2024 138145 314.52 CED ROYAL INDUSTRIAL SOLUTIONS 3689 FM SUPPLIES-B SPRINGS ELECTRICAL METR-CIRCUIT BRKR
101780-5700 General Fund 9009-1049519 10/02/2024 138145 696.13 CED ROYAL INDUSTRIAL SOLUTIONS 3689 FM SUPPLIES-B SPRINGS ELECTRICAL METER-BAR KIT 101780-5700 General Fund 9009-1049955 10/02/2024 138145 25.59 CED ROYAL INDUSTRIAL SOLUTIONS 3689 FM SUPPLIES-PD REMODEL-CABLE CONDUIT/CLIP 101780-5700 General Fund 9009-1050127 10/02/2024 138145 88.65 CHAPIN'S 302 WASTEWATER EQUIP RENTAL-MANHOLE REPAIRS 303562-5520 Wastewater Operations Fund
249310 10/02/2024 138146 176.61
CINTAS CORPORATION 3812 9/19/24 PD FIRST AID KIT SUPPLIES REPLENISHMENT 101442-5204 General Fund 8407031431 10/02/2024 138147 54.65 CIRCLE INDUSTRIAL MFG CORP 5694 PHWA- ELECTRICAL WIRE FOR VFD 302561-5520 Water Plant Operations Fund
7443-3B 10/02/2024 138148 1,354.70
CITY OF OXNARD 2293 AUG'24 FIRELINE PORTION- 234633-252984 UTIL BILL 302561-5300 Water Plant Operations Fund
2984 09172024B 10/02/2024 138149 93.09
Check Total: 269.44
Check No. 138140
Check Total: 10.06
Check No. 138141
Check Total: 207.74
Check No. 138142
Check Total: 273.82
Check No. 138143
Check Total: 163.51
Check No. 138144
Check Total: 257.50
Check No. 138145
Check Total: 1185.66
Check No. 138146
Check Total: 176.61
Check No. 138147
Check Total: 54.65
Check No. 138148
Check Total: 1354.70
Check No. 138149
Check Total: 93.09
Agenda Item No. 05 Page 5 of 18 CC Agenda 10-21-2024
Disbursements for 10/2/2024 Attachment B
10/16/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount COUNTY OF VENTURA 4270 CEDD-COUNTY RECORDER PROCESSING FEE PHCU-24- 1 101000-4400 General Fund 10042024 10/02/2024 138150 175.00 COUNTY OF VENTURA IT SVCS DEPT 457 AUGUST 2024 IT SERVICES- CLETS 101440-5301 General Fund INV0317985 10/02/2024 138151 613.81 COUNTY OF VENTURA, GSA 535 AUG'24 PD VEHICLE K9 ACCOMODATION INSTALL 101441-5600 General Fund 9360-2408 10/02/2024 138152 3,625.94 DCH THOUSAND OAKS-F, INC 5445 AUTOMOTIVE REPAIRS-PD PAT VEH 81120-BATTERY 101554-5215 General Fund 908130 10/02/2024 138153 459.95 DOCUPRODUCTS CORPORATION 651 5/3/24-8/2/24 C357iF COPIER OVERAGE SERVICES 101670-5220 General Fund 288913 10/02/2024 138154 778.36 DOCUPRODUCTS CORPORATION 651 8/31/24-9/29/24 C5740i COPIER OVERAGE SERVICES 101115-5220 General Fund 293337 10/02/2024 138154 46.10 DOOLEY ENTERPRISES, INC. 1109 9/10/24 PD RANGE EQUIPMENT 101441-5511 General Fund 25081 68657 10/02/2024 138155 5,435.99 EBERHARD EQUIPMENT 3 5001 AUTOMOTIVE REPAIRS-PWL V55823-GAGES/ASSY

ROLLER/ET
101554-5523 General Fund 4093E 10/02/2024 138156 193.91 LUCIA ELMORE 5612 10/5/24 TOUCH-A-TRUCK COMM EVENT FACE PAINT SVCS
101671-5234 General Fund 491017 10/02/2024 138157 800.00 F. MORTON PITT COMPANY 918 PD UNIFORMS-Z FRUM-SHIRTS/EMBROIDERY 101441-5214 General Fund 18244 10/02/2024 138158 128.18 FASTSIGNS OF OXNARD 5184 MUSEUM HOURS OF OPERATION SIGN W/LOGO 101672-5540 General Fund 2034-12889 10/02/2024 138159 120.68 FENCE FACTORY RENTALS 2561 7/13/24-8/12/24 756 THAYER LN TEMP FENCE RENTAL SV
101780-5212 General Fund 675029 10/02/2024 138160 208.80 FENCE FACTORY RENTALS 2561 8/13/24-9/12/24 756 THAYER LN TEMP FENCE RENTAL SV
101780-5212 General Fund 678375 10/02/2024 138160 208.80 FGL ENVIRONMENTAL 339 INORGANIC/MISC WATER QUALITY ANALYSIS PHWA 302561-5230 Water Plant Operations Fund
25008 414266A 10/02/2024 138161 30.00
FGL ENVIRONMENTAL 339 BACTI/MISC WATER QUALITY ANALYSIS PHWA 302561-5230 Water Plant Operations Fund
25008 414268A 10/02/2024 138161 52.00
FGL ENVIRONMENTAL 339 INORGANIC/MISC WATER QUALITY ANALYSIS PHWA 302561-5230 Water Plant Operations Fund
25008 414269A 10/02/2024 138161 98.00
FGL ENVIRONMENTAL 339 BACTI/INORGANIC/MISC WATER QUALITY ANALYSIS COPH
301560-5230 Water Operations Fund 25007 414270A 10/02/2024 138161 287.00 Check No. 138150
Check Total: 175.00
Check No. 138151
Check Total: 613.81
Check No. 138152
Check Total: 3625.94
Check No. 138153
Check Total: 459.95
Check No. 138154
Check Total: 824.46
Check No. 138155
Check Total: 5435.99
Check No. 138156
Check Total: 193.91
Check No. 138157
Check Total: 800.00
Check No. 138158
Check Total: 128.18
Check No. 138159
Check Total: 120.68
Check No. 138160
Check Total: 417.60
Check No. 138161
Agenda Item No. 05 Page 6 of 18 CC Agenda 10-21-2024
Disbursements for 10/2/2024 Attachment B
10/16/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount FGL ENVIRONMENTAL 339 BACTI/MISC WATER QUALITY ANALYSIS PHWA 302561-5230 Water Plant Operations Fund
25008 415084A 10/02/2024 138161 85.00
FIDELITY SECURITY LIFE INSURANCE CO 5465 OCT'24 REG EE VISION PREMIUMS 501000-2245 Payroll Clearing Fund 166470148 10/02/2024 138162 1,305.18 FIDELITY SECURITY LIFE INSURANCE CO 5465 OCT'24 RETIREE VISION PREMIUMS 501000-2245 Payroll Clearing Fund 166470341 10/02/2024 138162 448.54 FLOMOTION SYSTEMS INC 4138 WATER PLANT SUPPLIES-TUBE SEALS/CONNECTOR 302561-5520 Water Plant Operations Fund
17597 10/02/2024 138163 821.00
FRONTIER COMMUNICATIONS 4230 209-151-1421-122089-5 UTILITY BILL 303562-5300 Wastewater Operations Fund
089-5 09282024 10/02/2024 138164 43.23
FRONTIER COMMUNICATIONS 4230 209-151-1421-122089-5 UTILITY BILL 303562-5300 Wastewater Operations Fund
089-5 08282024 10/02/2024 138165 43.23
FRONTIER COMMUNICATIONS 4230 805-271-0690-091900-5 UTILITY BILL 101111-5300 General Fund 900-5 09282024 10/02/2024 138166 76.45 FRONTIER COMMUNICATIONS 4230 805-271-0690-091900-5 UTILITY BILL 101111-5300 General Fund 900-5 08282024 10/02/2024 138167 61.27 FRONTIER COMMUNICATIONS 4230 209-151-1423-062388-5 UTILITY BILL 303562-5300 Wastewater Operations Fund
388-5 08282024 10/02/2024 138168 84.02
FRONTIER COMMUNICATIONS 4230 209-151-1423-062388-5 UTILITY BILL 303562-5300 Wastewater Operations Fund
388-5 09282024 10/02/2024 138169 84.02
GAMA, STEVEN 5189 SEPTEMBER 2024 MEDICAL REIMBURSEMENT 101110-5160 General Fund 10012024 GAMA 10/02/2024 138170 224.78 GUADALUPE MEDINA 5771 PD REMODEL-DISPATCH BATHROOM PLUMBING SVC

DEPOSIT
101780-5700 General Fund 101 10/02/2024 138171 3,000.00 GRAINGER INC 345 WASTEWATER SUPPLIES-CHAIN HOIST 303562-5526 Wastewater Operations Fund
9266770263 10/02/2024 138172 321.11
GREEN DE BORTNOWSKY, LLP 4463 PHNE.0001 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48611 10/02/2024 138173 5,662.27 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0001-03 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48612 10/02/2024 138173 100.00 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0001-16 -JUNE 2024 LEGAL SERVICES 208111-5234 Community Benefit Fund 48613 10/02/2024 138173 3,061.50 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0002 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48614 10/02/2024 138173 2,005.25 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0005 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48615 10/02/2024 138173 180.00 Check Total: 552.00
Check No. 138162
Check Total: 1753.72
Check No. 138163
Check Total: 821.00
Check No. 138164
Check Total: 43.23
Check No. 138165
Check Total: 43.23
Check No. 138166
Check Total: 76.45
Check No. 138167
Check Total: 61.27
Check No. 138168
Check Total: 84.02
Check No. 138169
Check Total: 84.02
Check No. 138170
Check Total: 224.78
Check No. 138171
Check Total: 3000.00
Check No. 138172
Check Total: 321.11
Check No. 138173
Agenda Item No. 05 Page 7 of 18 CC Agenda 10-21-2024
Disbursements for 10/2/2024 Attachment B
10/16/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount GREEN DE BORTNOWSKY, LLP 4463 PHNE.0005-01 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48616 10/02/2024 138173 640.00 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0005-05 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48617 10/02/2024 138173 260.00 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0006 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48618 10/02/2024 138173 760.00 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0006-01 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48619 10/02/2024 138173 1,240.00 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0006-07 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48621 10/02/2024 138173 120.00 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0008 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48622 10/02/2024 138173 100.00 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0011 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48623 10/02/2024 138173 1,242.88 GREEN DE BORTNOWSKY, LLP 4463 PHNE.001201 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48624 10/02/2024 138173 120.00 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0012-05 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48625 10/02/2024 138173 1,935.50 GREEN DE BORTNOWSKY, LLP 4463 PHNE.0013 -JUNE 2024 LEGAL SERVICES 101112-5202 General Fund 48626 10/02/2024 138173 80.00 HD SUPPLY FACILITIES MAINTENANCE 116 FM SUPPLIES-ODOBAN DISINFECTANCT/CLOROX 101780-5520 General Fund 9230104855 10/02/2024 138174 234.30 HERNANDEZ, LAURA 4723 SEPTEMBER 2024 MEDICAL REIMBURSEMENT 101110-5160 General Fund 10012024

HERNANDEZ
10/02/2024 138175 382.70
HOLLISTER & BRACE 4735 AUG'24 WATER RIGHTS AND OPV BASIN ADJUDICATION 301560-5202 Water Operations Fund 25078 10295215 10/02/2024 138176 937.50 HOME DEPOT CREDIT SERVICES 115 LANDSCAPE MAINT SUPPLIESSHOVELS/WD40/BUCKETS101553-5520 General Fund 8281359 10/02/2024 138177 107.52 HOUSE SANITARY SUPPLY INC 118 FM SUPLIES-TOWELS/TOILET PAPER/DISINFECTANT 101780-5520 General Fund 296829 10/02/2024 138178 1,637.04 MCI COMM SERVICE 3498 805 488-1805 UTILITY BILL 101111-5300 General Fund 1805 09192024 10/02/2024 138179 35.41 MCI COMM SERVICE 3498 805 986-6516 UTILITY BILL 101111-5300 General Fund 6516 09192024 10/02/2024 138180 39.78 MCI COMM SERVICE 3498 805 986-6660 UTILITY BILL 101111-5300 General Fund 6660 09192024 10/02/2024 138180 35.74 MCQUEEN-LEGOHN, MARTHA 5473 SEPTEMBER 2024 MEDICAL REIMBURSEMENT 101110-5160 General Fund 10012024

MCQUEEN
10/02/2024 138181 278.22
MOTION INDUSTRIES, INC 968 LANDSCAPE REPAIRS-FLEX SLEEVE 101553-5523 General Fund CA46-00911833 10/02/2024 138182 32.25 MOTION INDUSTRIES, INC 968 LANDSCAPE REPAIRS- FLEX SLEEVE 101553-5523 General Fund CA46-00912069 10/02/2024 138182 110.15 MOTION INDUSTRIES, INC 968 LANDSCAPE REPAIRS-IRRIGATION SLEEVES 101553-5523 General Fund CA46-00912203 10/02/2024 138182 114.80 NATIONAL GRAPHICS, LLC 5660 UTILITY BILL CUSTOM ENVELOPES-SECURITY REVRSE FLAP
303562-5500 Wastewater Operations
Fund
103378 10/02/2024 138183 748.47
Check Total: 17507.40
Check No. 138174
Check Total: 234.30
Check No. 138175
Check Total: 382.70
Check No. 138176
Check Total: 937.50
Check No. 138177
Check Total: 107.52
Check No. 138178
Check Total: 1637.04
Check No. 138179
Check Total: 35.41
Check No. 138180
Check Total: 75.52
Check No. 138181
Check Total: 278.22
Check No. 138182
Check Total: 257.20
Check No. 138183
Agenda Item No. 05 Page 8 of 18 CC Agenda 10-21-2024
Disbursements for 10/2/2024 Attachment B
10/16/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount NATIONAL GRAPHICS, LLC 5660 UTILITY BILL CUSTOM ENVELOPES-SECURITY REVRSE FLAP
304563-5500 Solid Waste Operations
Fund
103378 10/02/2024 138183 748.48
NATIONAL GRAPHICS, LLC 5660 UTILITY BILL CUSTOM ENVELOPES-SECURITY REVRSE FLAP
301560-5500 Water Operations Fund 103378 10/02/2024 138183 748.47 ON DUTY UNIFORMS, INC. 4261 PD RESERVE OFFICER EQUIP-CUFF CASE 101443-5214 General Fund 1907 10/02/2024 138184 185.29 PEREZ, JOSE 333 9/9/24 PD ADM & PATROL CAR WASHES 101441-5215 General Fund 09092024-PD 10/02/2024 138185 450.00 PEREZ, JOSE 333 9/13/24 PD ADM & PATROL CAR WASHES 101441-5215 General Fund 09132024-PD 10/02/2024 138185 325.00 PEREZ, JOSE 333 9/20/24 & 9/23/24 PD ADM & PATROL CAR WASHES 101441-5215 General Fund 09232024-PD 10/02/2024 138185 550.00 PORTASTOR 3947 8/4/24-9/3/24 STORAGE CONTAINER SERVICES 101672-5220 General Fund 432813 10/02/2024 138186 85.00 PORTASTOR 3947 8/4/24-9/3/24 STORAGE CONTAINER SERVICES 101672-5220 General Fund 432814 10/02/2024 138187 164.00 PORTASTOR 3947 7/8/24-8/7/24 STORAGE CONTAINER SERVICES 101672-5220 General Fund 430794 10/02/2024 138188 105.00 PORTASTOR 3947 7/4/24-8/3/24 STORAGE CONTAINER SERVICES 101672-5220 General Fund 430507 10/02/2024 138189 85.00 PORTASTOR 3947 7/4/24-8/3/24 STORAGE CONTAINER SERVICES 101672-5220 General Fund 430508 10/02/2024 138190 164.00 PORTASTOR 3947 6/8/24-7/7/24 STORAGE CONTAINER SERVICES 101672-5220 General Fund 428449 10/02/2024 138191 105.00 PORTASTOR 3947 5/8/24-6/7/24 STORAGE CONTAINER SERVICES 101672-5220 General Fund 426059 10/02/2024 138192 225.00 PORTASTOR 3947 4/4/24-5/3/24 STORAGE CONTAINER SERVICES 101672-5220 General Fund 423318 10/02/2024 138193 164.00 PORTASTOR 3947 8/27/24-09/26/24 P-089 STORAGE CONTAINER

SERVICES
101442-5220 General Fund 434494 10/02/2024 138194 85.00 PORTASTOR 3947 8/8/24-9/7/24 STORAGE CONTAINER SERVICES 101672-5220 General Fund 433121 10/02/2024 138195 105.00 PRIME BUILDING MATERIALS INC 516 WASTEWATER MANHOLE REPAIRS-MORTAR 303562-5520 Wastewater Operations Fund
330326 10/02/2024 138196 38.26
Check Total: 2245.42
Check No. 138184
Check Total: 185.29
Check No. 138185
Check Total: 1325.00
Check No. 138186
Check Total: 85.00
Check No. 138187
Check Total: 164.00
Check No. 138188
Check Total: 105.00
Check No. 138189
Check Total: 85.00
Check No. 138190
Check Total: 164.00
Check No. 138191
Check Total: 105.00
Check No. 138192
Check Total: 225.00
Check No. 138193
Check Total: 164.00
Check No. 138194
Check Total: 85.00
Check No. 138195
Check Total: 105.00
Check No. 138196
Check Total: 38.26
Agenda Item No. 05 Page 9 of 18 CC Agenda 10-21-2024
Disbursements for 10/2/2024 Attachment B
10/16/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount ROYAL INDUSTRIAL SOLUTIONS 5250 WATER PLANT MAINT SUPPLIES- HMI SOFTWARE 302561-5520 Water Plant Operations Fund
9009-1048508 10/02/2024 138197 1,185.15
ROYAL INDUSTRIAL SOLUTIONS 5250 WATER PLANT MAINT SUPPLIES- 2CHANNEL ANALOG 302561-5520 Water Plant Operations Fund
9009-1048711 10/02/2024 138198 747.86
ROYAL INDUSTRIAL SOLUTIONS 5250 WATER PLANT MAINT SUPPLIES- ETHERNET CABLE 302561-5520 Water Plant Operations Fund
9009-1049133 10/02/2024 138198 193.47
SC COMMERCIAL, LLC 3581 1019 GALLONS OF UNLEADED GAS/894.9 GALLONS DIESEL
101554-5522 General Fund 25004 2736128-IN 10/02/2024 138199 7,721.60 SC COMMERCIAL, LLC 3581 AUTOMOTIVE SUPPLIES-BULK OIL PURCHASE 101554-5520 General Fund 2736956-IN 10/02/2024 138199 2,310.04 STANDARD PLUMBING SUPPLY CO 3970 FM SUPPLIES-PD REMODEL-PIPE/COUPLINGS/ELBOW 101780-5700 General Fund XKM041 10/02/2024 138200 38.46 STATE OF CALIFORNIA 787 AUGUST 2024 LIVESCAN FINGERPRINTS 101440-5204 General Fund 758454 10/02/2024 138201 296.00 STATE READY MIX INC. 586 CONCRETE DUMP FEES 304563-5233 Solid Waste Operations Fund
50867 10/02/2024 138202 131.00
ANGEL, STROBEL 5615 FM SUPPLIES-NITRILE GLOVES 101780-5520 General Fund BD24169 10/02/2024 138203 497.83 SUPERION, LLC 4436 OCT 2024 ANNUAL ASP ACCESS TECH FEES-MONTHLY BILL
101116-5223 General Fund 20240178 421578 10/02/2024 138204 11,992.87 NANCY K BOHL INCORPORATED 3035 OCTOBER 2024 PD EMPLOYEE SUPPORT SERVICES 210440-5204 Grant Tracking Fund INV101819 10/02/2024 138205 750.00 THE HIDEAWAY AT BEACH HOUSE 3623 OCTOBER 2024 HOA PAYMENT - 802 MORNING MIST LN 101780-5204 General Fund 0301 10012024 10/02/2024 138206 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 OCTOBER 2024 HOA PAYMENT - 303 HARBOR BREEZE DR
101780-5204 General Fund 0401 10012024A 10/02/2024 138206 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 OCTOBER 2024 HOA PAYMENT - 803 MORNING MIST LN 101780-5204 General Fund 0401 10012024B 10/02/2024 138206 449.00 THE HIDEAWAY AT BEACH HOUSE 3623 OCTOBER 2024 HOA PAYMENT - 304 HARBOR BREEZE DR
101780-5204 General Fund 0501 10012024 10/02/2024 138206 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 OCTOBER 2024 HOA PAYMENT - 322 HARBOR BREEZE DR
101780-5204 General Fund 2301 10012024 10/02/2024 138206 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 OCTOBER 2024 HOA PAYMENT - 323 HARBOR BREEZE DR
101780-5204 General Fund 2401 10012024A 10/02/2024 138206 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 OCTOBER 2024 HOA PAYMENT - 775 OCEAN BREEZE 101780-5204 General Fund 2401 10012024B 10/02/2024 138206 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 OCTOBER 2024 HOA PAYMENT - 776 OCEAN BREEZE DR
101780-5204 General Fund 2501 10012024 10/02/2024 138206 399.00 Check No. 138197
Check Total: 1185.15
Check No. 138198
Check Total: 941.33
Check No. 138199
Check Total: 10031.64
Check No. 138200
Check Total: 38.46
Check No. 138201
Check Total: 296.00
Check No. 138202
Check Total: 131.00
Check No. 138203
Check Total: 497.83
Check No. 138204
Check Total: 11992.87
Check No. 138205
Check Total: 750.00
Check No. 138206
Agenda Item No. 05 Page 10 of 18 CC Agenda 10-21-2024
Disbursements for 10/2/2024 Attachment B
10/16/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount THE HIDEAWAY AT BEACH HOUSE 3623 OCTOBER 2024 HOA PAYMENT - 332 HARBOR BREEZE DR
101780-5204 General Fund 3101 10012024 10/02/2024 138206 399.00 TRIAD INVESTIGATIVE SERVICES 5143 PD BACKGROUND INVESTIGATION-FIGUERIA 101440-5204 General Fund 24-0010 10/02/2024 138207 2,904.00 TYLER TECHNOLOGIES 4190 UB FORMS-TYLER/MUNIS ERP CONVERSION SERVICES 303562-5700 Wastewater Operations Fund
13865 045-486380 10/02/2024 138208 700.00
TYLER TECHNOLOGIES 4190 UB FORMS-TYLER/MUNIS ERP CONVERSION SERVICES 101111-5700 General Fund 13865 045-486380 10/02/2024 138208 700.00 TYLER TECHNOLOGIES 4190 UB FORMS-TYLER/MUNIS ERP CONVERSION SERVICES 301560-5700 Water Operations Fund 13865 045-486380 10/02/2024 138208 700.00 TYLER TECHNOLOGIES 4190 UB FORMS-TYLER/MUNIS ERP CONVERSION SERVICES 304563-5700 Solid Waste Operations Fund
13865 045-486380 10/02/2024 138208 700.00
UNDERGROUND SERVICE ALERT 450 SEPTEMBER 2024 TICKETS/PASSES 301560-5204 Water Operations Fund 920240540 10/02/2024 138209 34.60 UNDERGROUND SERVICE ALERT 450 SEPTEMBER 2024 TICKETS/PASSES 303562-5204 Wastewater Operations Fund
920240540 10/02/2024 138209 34.60
UNIFIRST CORPORATION 5314 9/18/24 PD JAIL BLANKET CLEANING SERVICES 101442-5204 General Fund 2210133009 10/02/2024 138210 44.10 UNIFIRST CORPORATION 5314 FM SUPPLIES-MATS/MOPS SERVICES 101780-5212 General Fund 2210134621 10/02/2024 138210 28.86 UNIFIRST CORPORATION 5314 FM SUPPLIES-CITY HALL-MATS/MOPS SERVICES 101780-5212 General Fund 2210134622 10/02/2024 138210 45.98 UNIFIRST CORPORATION 5314 FLEET UNIFORM SERVICES 101554-5214 General Fund 2210134641 10/02/2024 138210 35.89 UNIFIRST CORPORATION 5314 WASTEWATER UNIFORM SERVICES 303562-5214 Wastewater Operations Fund
2210134643 10/02/2024 138210 40.33
UNIFIRST CORPORATION 5314 LANDSCAPE UNIFORM SERVICES 101553-5214 General Fund 2210134649 10/02/2024 138210 115.46 UNIFIRST CORPORATION 5314 STREETS UNIFORM SERVICES 101551-5214 General Fund 2210134651 10/02/2024 138210 42.92 UNIFIRST CORPORATION 5314 STREETS UNIFORM SERVICES 101551-5214 General Fund 2210134653 10/02/2024 138210 17.53 UNIFIRST CORPORATION 5314 FM SUPPLIES-COMM CENTER-MATS/MOPS SERVICES 101780-5212 General Fund 2210134842 10/02/2024 138210 78.66 UNIFIRST CORPORATION 5314 REFUSE UNIFORM SERVICES 304563-5214 Solid Waste Operations Fund
2210134638 10/02/2024 138211 102.67
VENCO POWER SWEEPING, INC 454 SEPTEMBER 2024 CITY WIDE STREET SWEEPING

SERVICES
304563-5213 Solid Waste Operations
Fund
25033 74650VS 10/02/2024 138212 26,081.30
VENTEK INTERNATIONAL 3105 PARKING PARKING MACHINES MACHINES CELLULAR

SERVICE
101553-5540 General Fund 146092 10/02/2024 138213 720.00 VENTURA COUNTY AUTO SUPPLY INC 4746 AUTOMOTIVE SUPPLIES-PWSW VEH 9123-AIR FILTER 101554-5523 General Fund 016500 10/02/2024 138214 15.77 VENTURA COUNTY AUTO SUPPLY INC 4746 AUTOMOTIVE SUPPLIES-PWSW VEH 9123-AIR FILTERS 101554-5523 General Fund 016804 10/02/2024 138214 25.74 VENTURA COUNTY AUTO SUPPLY INC 4746 AUTOMOTIVE SUPPLIES-PDPAT V80316 CABIN-AIR FILTER
101554-5523 General Fund 016823 10/02/2024 138214 12.85 Check Total: 3641.00
Check No. 138207
Check Total: 2904.00
Check No. 138208
Check Total: 2800.00
Check No. 138209
Check Total: 69.20
Check No. 138210
Check Total: 449.73
Check No. 138211
Check Total: 102.67
Check No. 138212
Check Total: 26081.30
Check No. 138213
Check Total: 720.00
Check No. 138214
Agenda Item No. 05 Page 11 of 18 CC Agenda 10-21-2024
Disbursements for 10/2/2024 Attachment B
10/16/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount WESTERN EXTERMINATOR CO 211 PEST CONTROL MAINTENANCE - MUSEUM 101780-5212 General Fund 67421335 10/02/2024 138215 147.06 WEX BANK 2584 SEP'24 FM VEHICLE FUEL PURCHASES 101554-5522 General Fund 100119884 10/02/2024 138216 270.57 Grand Total 378,573.24
Check Total: 54.36
Check No. 138215
Check Total: 147.06
Check No. 138216
Check Total: 270.57
Agenda Item No. 05 Page 12 of 18 CC Agenda 10-21-2024

ATTACHMENT C

SALARY DISTRIBUTIONS
PAYROLL DIRECT DEPOSIT TOTALS: $399,175.85
PAYROLL CHECK REGISTER: $8,565.20 $407,741.05
TOTAL DISBURSEMENT: $407,741.05

CITY OF PORT HUENEME

PAYROLL CASH DISBURSEMENT FOR
October 4, 2024
Agenda Item No. 05 Page 13 of 18 CC Agenda 10-21-2024
Disbursements for 10/10/2024 Attachment D
10/16/2024
Accounts Payable Check Register
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 101553-5222 General Fund 25028 FBN5130218A 10/10/2024 27701 2,393.65 ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 101554-5222 General Fund 25028 FBN5130218A 10/10/2024 27701 677.53 ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 101670-5222 General Fund 25028 FBN5130218A 10/10/2024 27701 1,158.15 ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 304563-5222 Solid Waste Operations Fund
25028 FBN5130218A 10/10/2024 27701 450.63
ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 101444-5222 General Fund 25028 FBN5130218A 10/10/2024 27701 747.81 ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 101441-5222 General Fund 25028 FBN5130218A 10/10/2024 27701 4,100.54 ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 101550-5222 General Fund 25028 FBN5130218A 10/10/2024 27701 840.45 ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 101780-5222 General Fund 25028 FBN5130218A 10/10/2024 27701 2,562.06 ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 101551-5222 General Fund 25028 FBN5130218A 10/10/2024 27701 692.16 ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 204551-5222 Gas Tax Fund 25028 FBN5130218A 10/10/2024 27701 840.46 ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 101440-5222 General Fund 25028 FBN5130218A 10/10/2024 27701 3,316.96 ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 301560-5222 Water Operations Fund
25028 FBN5130218A 10/10/2024 27701 2,301.37
ENTERPRISE FM TRUST 5021 SEP'24 MONTHLY VEH LEASE CHARGE-CITY PORTION 303562-5222 Wastewater Operations Fund
25028 FBN5130218A 10/10/2024 27701 436.42
Grand Total 20,518.19
Check No. 27701
Check Total: 20518.19
Agenda Item No. 05 Page 14 of 18 CC Agenda 10-21-2024
Disbursements for 10/14/2024 Attachment E
10/16/2024
Accounts Payable Check Register
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount ENTERPRISE FM TRUST 5021 SEP'24 MNTHLY VEH LEASE OVER

CHRG CREDIT/SALE GAIN
101000-2500 General Fund FBN5130218C 10/14/2024 27702 -5,385.98 ENTERPRISE FM TRUST 5021 SEP'24 MNTHLY VEH LEASE OVER

CHRG CREDIT/SALE GAIN
101000-4800 General Fund FBN5130218C 10/14/2024 27702 -6,355.00 ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
101554-5222 General Fund 25028 FBN5161509A 10/14/2024 27702 677.53 ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
101780-5222 General Fund 25028 FBN5161509A 10/14/2024 27702 2,562.06 ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
303562-5222 Wastewater
Operations Fund
25028 FBN5161509A 10/14/2024 27702 436.42
ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
101550-5222 General Fund 25028 FBN5161509A 10/14/2024 27702 715.45 ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
204551-5222 Gas Tax Fund 25028 FBN5161509A 10/14/2024 27702 715.46 ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
101440-5222 General Fund 25028 FBN5161509A 10/14/2024 27702 3,308.21 ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
101553-5222 General Fund 25028 FBN5161509A 10/14/2024 27702 2,393.65 ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
301560-5222 Water Operations
Fund
25028 FBN5161509A 10/14/2024 27702 2,301.37
ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
101444-5222 General Fund 25028 FBN5161509A 10/14/2024 27702 747.81 ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
101670-5222 General Fund 25028 FBN5161509A 10/14/2024 27702 1,158.15 ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
101441-5222 General Fund 25028 FBN5161509A 10/14/2024 27702 4,100.54 ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
304563-5222 Solid Waste
Operations Fund
25028 FBN5161509A 10/14/2024 27702 450.63
ENTERPRISE FM TRUST 5021 OCT'24 MONTHLY VEH LEASE

CHARGE-CITY PORTION
101551-5222 General Fund 25028 FBN5161509A 10/14/2024 27702 692.16 Grand Total 8,518.46
Check No. 27702
Check Total: 8518.46
Agenda Item No. 05 Page 15 of 18 CC Agenda 10-21-2024
Disbursements for 10/15/2024 Attachment F
10/16/2024
Accounts Payable Check Register
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount BRINKS INC 2924 OCTOBER 2024 TRANSPORT SERVICES 101111-5204 General Fund 12723015 10/15/2024 138217 707.54 BRINKS INC 2924 SEPTEMBER 2024 TRANSPORT SERVICES 101111-5204 General Fund 6914374 10/15/2024 138218 285.13 ENVISION VTA FD AUTO, LLC 5423 AUTOMOTIVE REPAIRS-PWWW VEH 6124-ELEMENT 101554-5523 General Fund 41842 10/15/2024 138219 111.72 FRONTIER COMMUNICATIONS 4230 805-488-3611-010168-5 UTILITY BILL 101111-5300 General Fund 168-5 10012024 10/15/2024 138220 177.94 FRONTIER COMMUNICATIONS 4230 805-240-1864-010917-5 UTILITY BILL 101111-5300 General Fund 917-5 09022024 10/15/2024 138221 160.98 FRONTIER COMMUNICATIONS 4230 805-240-1864-010917-5 UTILITY BILL 101111-5300 General Fund 917-5 10022024 10/15/2024 138222 170.98 HACH COMPANY 349 AMMONIA MONOCHLORAMINE ANALYZER REPAIR 302561-5211 Water Plant Operations Fund
20240197 14091444 10/15/2024 138223 5,568.48
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6 RETENTION -B SPRINGS PARK RENEWL PRJCT
210000-2204 Grant Tracking
Fund
G702 P6

RETENTION
10/15/2024 138224 -58,854.51
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 18,642.62
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 2,677.41
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
211780-5700 American Rescue
Plan Act Fund
20240172 G702 PYMNT 6 10/15/2024 138224 90,276.17
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 82,710.40
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 121,516.71
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 1,984.97
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 2,461.98
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 2,692.79
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 9,940.22
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 344,594.38
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 277,815.78
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 35,943.51
Check No. 138217
Check Total: 707.54
Check No. 138218
Check Total: 285.13
Check No. 138219
Check Total: 111.72
Check No. 138220
Check Total: 177.94
Check No. 138221
Check Total: 160.98
Check No. 138222
Check Total: 170.98
Check No. 138223
Check Total: 5568.48
Check No. 138224
Agenda Item No. 05 Page 16 of 18 CC Agenda 10-21-2024
Disbursements for 10/15/2024 Attachment F
10/16/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 PYMNT 6 10/15/2024 138224 47,765.62
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 6-B SPRINGS PARK RENEWL PRJCT

CONSTRUCTION
211780-5700 American Rescue
Plan Act Fund
20240172 G702 PYMNT 6 10/15/2024 138224 138,067.61
TYLER TECHNOLOGIES 4190 AUG'24 TYLER/MUNIS ERP CONVERSION SERVICES 101111-5700 General Fund 13865 045-480309 10/15/2024 138225 1,665.00 TYLER TECHNOLOGIES 4190 AUG'24 TYLER/MUNIS ERP CONVERSION SERVICES 303562-5700 Wastewater Operations Fund
13865 045-480309 10/15/2024 138225 1,665.00
TYLER TECHNOLOGIES 4190 AUG'24 TYLER/MUNIS ERP CONVERSION SERVICES 301560-5700 Water Operations Fund
13865 045-480309 10/15/2024 138225 1,665.00
TYLER TECHNOLOGIES 4190 AUG'24 TYLER/MUNIS ERP CONVERSION SERVICES 304563-5700 Solid Waste Operations Fund
13865 045-480309 10/15/2024 138225 1,665.00
USABLUEBOOK 600 WATER PLANT SUPPLIES-AMMONIA

MONOCHLRAMINE REAGNTS
302561-5520 Water Plant
Operations Fund
INV00342345 10/15/2024 138226 1,018.11
Grand Total 1,133,096.54
Check No. 138226
Check Total: 1018.11
Check Total: 1118235.66
Check No. 138225
Check Total: 6660.00
Agenda Item No. 05 Page 17 of 18 CC Agenda 10-21-2024
This Page Intentionally Left Blank
Agenda Item No. 05 Page 18 of 18 CC Agenda 10-21-2024
DATE: October 21, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Charles Peretz, Deputy City Manager
SUBJECT: SMOKING IN MULTI-UNIT RESIDENTIAL BUILDINGS: CONSIDERATION

OF CITY REGULATIONS
RECOMMENDATION:

It is recommended that the City Council review the attached information regarding smoking prohibitions in multi-unit housing (MUH), consider options to modify the City’s Smoking Ordinance and provide staff with direction.

BACKGROUND/ANALYSIS:

On November 20, 2023, several public speakers requested that the City consider implementing a smoking ban within MUH and shared information regarding cities that have already adopted such prohibitions. At the end of the meeting, Mayor Martinez made a motion, seconded by Councilmember Gama, which was subsequently approved by the entire City Council, to place an item on a future agenda to discuss this topic.

On December 4, 2023 the City Council received a report detailing the current smoking regulations in Port Hueneme and potential options to prohibit smoking in MUH. The report outlined regulations and noted that private residences are expressly exempted from the City’s current smoking regulations.

During its review, the Council expressed interest in researching potential amendments to the City’s smoking ordinance and directed staff to conduct outreach with owners and property managers of MUH properties. On July 1, 2024 the City Council received the results of a survey that was sent to property managers and owners and received additional public comment on this item. The survey responses indicated general support for establishing smoking regulations in MUH, while also identifying challenges and questions regarding enforcement.

The City Council unanimously approved a motion to direct staff to research options to implement smoking prohibitions in MUH. As part of that effort, staff was tasked with reviewing smoking prohibitions in the cities of Moorpark and Carpenteria, gathering information on Ventura County cities that have implemented MUH smoking bans, along Agenda Item No. 06 Page 1 of 53 CC Agenda 10-21-2024
Smoking in Multi-Unit Residences
October 21, 2024

Page 2 ends

with any obstacles and challenges they experienced, and considering public comment which included recommendations for a potential ordinance.

According to an October 1, 2024 report from the American Nonsmokers’ Rights Foundation, 85 of California’s 483 municipalities have enacted laws that prohibit smoking in 100% of private units in MUH rental properties (78 of which prohibit smoking in rented and owner-occupied properties). 16 cities in the state partially restrict smoking in MUH, the majority of which prohibit smoking in newly occupied buildings and/or newly leased units. In Ventura County, only the cities of Moorpark and Ojai have restrictions prohibiting smoking in private units within MUH. The City of Carpenteria has recently taken action on this topic and, effective July 1, 2025, will prohibit smoking at all places on MUH properties. A summary of these cities’ ordinances is included below.

City of Moorpark
Definition of Multi-Unit Residence:

Residential property with 2 or more units on the same lot, where one or more of the units is offered for rent. Condominium projects, community apartment projects and stock cooperatives are specifically excluded from the definition. Detached or attached accessory dwelling units on property zoned to allow single-family uses are excluded.

MUH Smoking Prohibition:

Applies to common areas and private units, including balconies, patios and porches.

Cannabis is included within the prohibition. Designated smoking areas are allowed but must be approved by the Community Development Director.

Landlord Requirements:

1. Remove smoking amenities from common areas, e.g. ash trays and receptacles

2. Include language prohibiting smoking in leases

3. Post “No Smoking” signs

4. Provide written notice to tenants regarding smoking prohibitions.

Landlords that comply with these items are not be liable for a third-party’s violation of the ordinance.

Enforcement: Moorpark relies heavily on property managers/owners to enforce the prohibition and resolve smoking related complaints. When the City receives complaints, follow up includes ensuring that the property manager is aware and is appropriately addressing the complaint.

City of Ojai
Definition of Multi-Unit Residence:

Residential property with 2 or more units including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, group homes, long-term care facilities, mobile home parks, and campgrounds. Detached or attached accessory dwelling units except those use for child or heath care facilities are excluded.

MUH Smoking Prohibition:

Applies to common areas and private units, including balconies, patios and porches.

However, Ojai’s ordinance permits smoking within units that have separate ventilation systems. Cannabis is included within the prohibition. Designated smoking areas are allowed.

Agenda Item No. 06 Page 2 of 53 CC Agenda 10-21-2024
Smoking in Multi-Unit Residences
October 21, 2024

Page 3 ends

Landlord Requirements:

1. Remove smoking amenities from common areas, e.g. ash trays and receptacles

2. Include smoking prohibition language in leases

3. Provide tenants written notice regarding smoking prohibitions and their right to submit complaints to their landlord or City Manager

4. Follow up on reported violations with the potential for eviction Landlords that comply with ordinance requirements are not to be liable for a third-party’s violation of the ordinance.

Enforcement:

Code Enforcement has limited involvement and complaints are commonly referred to property managers/owners for resolution. It is the City’s practice to provide ordinance information when issuing MUH-related business licenses.

City of Carpenteria
Definition of Multi-Unit Residence:

A property with 2 or more units including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, long-term health care facilities. Accessory dwelling units except those as a heath care facility are excluded.

MUH Smoking Prohibition (effective July 1, 2025):

Prohibits smoking in units inclusive of balconies, porches, and patios. Smoking of cannabis for medical purposes is exempted. Designated smoking areas are allowed subject approval by the City Council.

Landlord Requirements:

1. Provide a copy of the ordinance and written notice of smoking prohibitions to existing and prospective tenants

2. Post “No Smoking” signs at entrances and exits and common areas

3. Include language regarding the MUH smoking prohibition in condominiums sales contracts (language not included in lease agreements)
Landlords that comply with ordinance requirements are not be liable for third-party violations.

Enforcement:

Sole remedy for MUH smoking violations is a civil action by a private party. If City is notified of violation, it will send educational material to the offending party. Recurring issues will be referred to landlords.

During the July 1, 2024 Council meeting, Matthew Buck, Vice President of Public Affairs for the California Apartment Association submitted a public comment requesting that the Council consider the following as part of any draft ordinance:
➢ Prohibit all types of smoking including marijuana
➢ Allow for an adequate phase-in period
➢ Do not require “No Smoking” signs
➢ Provide liability protection for landlords
City Council Considerations
MUH Smoking ordinances in the cities of Ojai, Moorpark and Carpenteria use similar definitions, requirements and approaches to enforcement. City Code enforcement has limited involvement in all three cities, with enforcement left to either property Agenda Item No. 06 Page 3 of 53 CC Agenda 10-21-2024
Smoking in Multi-Unit Residences
October 21, 2024

Page 4 ends

owners/managers or civil action. The City Council options include directing staff to amend the existing smoking ordinance to prohibit smoking in MUH in a manner similar to the cities researched, provide direction to draft an ordinance which contains smoking prohibitions which differ from those found in the subject cities, e.g. a partial smoking restriction or determine that no new ordinance on this item should be drafted at this time.

If Council provides direction to amend the City’s smoking ordinance to ban smoking in MUH, staff recommends considering the following:
➢ Define Multi-unit residences as those properties that contain 2 or more units including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, group homes, and long-term care facilities; excluding detached or attached accessory dwelling units on property zoned for single-family use
➢ Prohibit smoking in private units inclusive of patios, balconies and porches (smoking in common areas is already prohibited)
➢ Prohibit all types of smoking, including cannabis or cannabis related products, with the exception of products used for medicinal purposes as prescribed by a doctor ➢ Require that landlords amend property leases to prohibit smoking in individual units, balconies/patios and common areas within one-year after adoption ➢ Allow for property owners to designate smoking areas which must be at least 25 feet from children’s play areas, building entrances, exits and operable windows ➢ Require that landlords issue written notices to all tenants and/or property owners regarding smoking prohibitions (unless such restrictions are already in place) ➢ Require that landlords remove ash trays, ash cans and other designated smoking amenities from common areas and install “No Smoking” signs at visible locations on the property
➢ Include language that absolves landlords that comply with ordinance requirements from liability related violations committed by tenants. ➢ Indicate that violations of smoking prohibitions in MUH be handled via reporting the violation to the property manager/owner and, if necessary, as a civil matter between private parties. In cases where violations are reported to the City, a letter containing information about the ordinance would be sent to the offending party and property manager.

During staff’s research, it was discovered that the American Lung Association, which develops an annual State of Tobacco Control Report Card for cities, had incorrect information regarding Port Hueneme’s smoking restrictions, resulting in the assignment of a “F” grade. Staff communicated with association representatives, providing updated information, and the city’s grade has been corrected. A current listing of the grades assigned within Ventura County is provided below. Implementing MUH smoking prohibitions would improve the City’s grade, but the extent of the improvement would depend on specific changes made to the ordinance.

Agenda Item No. 06 Page 4 of 53 CC Agenda 10-21-2024
Smoking in Multi-Unit Residences
October 21, 2024

Page 5 ends

American Lung Association State of Tobacco Control Report Card Ventura County
City/Area Grade
Ventura B
Oxnard B
Port Hueneme C
Camarillo C
Moorpark C
Ojai C
Thousand Oaks D
Unincorporated Areas D
Fillmore F
Santa Paula F
Simi Valley F
FISCAL IMPACT:

If City Council directs staff to modify the City’s smoking ordinance as described herein and perform educational outreach after its adoption, it is anticipated that such efforts would require 50 to 60 hours of City staff and City Attorney time. Sufficient funds for these costs are available in the fiscal year 2024-25 City Manager and Code Compliance operating budgets in accounts 101-112-5202, 101-112-5100 101-and 101-332-5100.

Based on the recommended approach towards enforcement, it is anticipated that City involvement would be limited to approximately 20 hours annually. Sufficient funds are available for ongoing enforcement are available in the operating budget account number 101-332-5100 for Code Compliance.

STRATEGIC PLAN
Primary Strategic Pillar and Initiative:

Safe, Secure and Beautiful Community
• We invest in efforts to keep our environment and all parts of our physical spaces accessible, inviting and safe
ATTACHMENTS:

A. City of Moorpark Smoking Ordinance
B. City of Ojai Smoking Ordinance
C. City of Carpenteria Smoking Ordinance
D. City of Port Hueneme Smoking Ordinance
Agenda Item No. 06 Page 5 of 53 CC Agenda 10-21-2024
CHAPTER 8.32

PROHIBITIONS ON SMOKING
§ 8.32.010. Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Bikeway" means any Class 1 bike path or trail, separated right-of-way for bicycles; or Class 2 bike lane, restricted right-of-way.
"Common area" means every enclosed area and unenclosed area of a housing development that residents of more than one residence or unit of that development are entitled to enter or use, including, but not limited to, halls, paths, lobbies, courtyards, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking areas, restrooms, laundry rooms, cooking areas, and eating areas.
"Dining area" means any indoor or outdoor nonresidential location where food or beverages are served by a business or routinely consumed by customers and/or employees of a business. "Electronic smoking device" means an electronic or battery-operated device that delivers vapors of nicotine and/or other substances for inhalation. This term includes every variation and type of such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, a vapor cigarette, or any other similar product. This term does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of diseases. "Employee" means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.
"Employer" means any business or nonprofit entity that retains the service of one or more employees.
"Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by solid walls. The walls may be penetrated by windows, doors, or passageways. "Existing lease" means any lease or rental agreement that allows a person to occupy a unit that was entered into before February 1, 2018.
"Family day care facility" means a home providing day care for children, which is subject to state and/or county licensing requirements.
"Landlord" means any person who owns property that is leased for residential use. "Multi-unit residence" means a residential property containing two or more units on the same lot, where one or more of the units are offered for rent. The following types of housing are specifically excluded from this definition:

1. A single-family home;
A detached or attached accessory dwelling unit on a property zoned to allow singlefamily uses; 2.

City of Moorpark, CA
§ 8.32.010 § 8.32.010
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"New lease" means any lease or rental agreement that allows a person to occupy a unit that was entered into, amended, or renewed on or after February 1, 2018. This includes any month-tomonth lease that is renewed on or after February 1, 2018. "Place of employment" means any enclosed area under the control of the city or private employer or any outdoor working area, such as a construction area, which employees normally frequent during the course of employment.
"Public building" means any building to which the public is invited or in which the public is permitted.
"Public event" means any art show, fair, parade, firework display, sports activity, or any other similar event in a public place within the city, regardless of any fee or age requirements. "Public place" means any area to which the public is invited or in which the public is permitted, regardless of any fee or age requirement or whether publicly or privately owned. "Residential care home" means a home providing 24 hour care for children, adults, or elderly persons, which is subject to state and/or county licensing requirements. "Retail smoking products store" means any retail business establishment where at least 50% of product display area is for smoking products, including, but not limited to, cigarettes, cigars, pipe tobacco, electronic smoking devices, vaping E-liquids and supplies, and smoking supplies and accessories. A retail smoking products store does not include marijuana dispensaries or marijuana bakeries.
"Separate ventilation system" means a system which is exhausted to the outside and negatively pressurized.
"Service area" means any publicly or privately owned area where people use or wait to receive a service or make a transaction, whether or not such service or transaction includes the exchange of money. Service areas include, but are not limited to, areas including or adjacent to information kiosks, bus stops, train stations, Automated Teller Machine (ATM) lines, information kiosks, mobile vendor lines, and theatre lines.
"Shopping center" means any parcel of land zoned and used for retail sales. "Smoke" or "smoking" means holding, inhaling, exhaling, burning, carrying or operating any lighted or activated cigar, cigarette, electronic smoking device (e-cigarette), pipe, or other smoking device containing any tobacco, marijuana, crack cocaine, weed, plant, or other combustible substance in any manner or in any form. "Smoke" does not mean the combustion of material solely for olfactory purposes such as, for example, smoke from incense that does not contain any tobacco or nicotine, or the emissions from a product specifically approved by the United States Food and Drug Administration for use in mitigating or preventing disease. "Unit" means any personal dwelling space in a multi-unit residence, and shall include any associated exclusive-use area, including, but not limited to, a private balcony, porch, deck, or patio.

3. Hotels and motels; and
A community apartment project, condominium project, or stock cooperative, as defined in the Davis-Stirling Common Interest Development Act (California Civil Code Section 4000 et seq.).

4. City of Moorpark, CA
§ 8.32.010 § 8.32.010
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(Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017) § 8.32.020. Prohibition of smoking in public places.

It is unlawful for any person to smoke in violation of any law or regulation of the state of California and in any place set forth herein, except as provided in Section 8.32.040. (Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017) § 8.32.030. Prohibition of smoking in multi-unit apartment buildings.

Smoking in multi-unit residences shall be governed by the following rules:

A. In any park, sidewalk, bikeway, athletic field (including spectator viewing areas), playground, trail, recreational area, or publicly-owned open space; B. In indoor or outdoor public places within shopping centers, including parking lots and parking structures;
C. Within 25 feet of the entrance, exit, or open window of any public building, or any outdoor dining area;
D. In any outdoor service area or any public building, including indoor and outdoor reception and waiting areas;
E. In any dining area, or any location where food, designated for sale or distribution to the public, is prepared, served, or stored, or where such food utensils are cleaned or stored; F. Within buses, taxicabs, and other means of public transit provided by or under the authority of the city and at ticket, boarding, and waiting areas of public transit shelters, stops, and stations;
G. Within any indoor or outdoor common area within housing developments, except in a designated outdoor smoking area as described in Section 8.32.050(G); H. In any enclosed area or outdoor place of employment or work sites, except as provided in Section 8.32.050(D);
I. In any family day care facility or residential care home; J. Hotel and motel facilities, except as provided in Section 8.32.050(B); K. At any public event;
L. In any elevator;
M. At polling places;
N. In any city-owned building, facility, property, parking lot or parking structure; O. In schools;
P. In public restrooms.

City of Moorpark, CA
§ 8.32.010 § 8.32.030
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(Ord. 460 § 2, 2017)
A. Beginning February 1, 2018, the following regulations apply:

1. Smoking is prohibited in all common areas, except in a designated outdoor smoking area as described in Section 8.32.050(G).

2. Smoking is prohibited in all units governed by a new lease.

3. A landlord shall not permit the presence of ash trays, ash cans, or other receptacles designed for, or primarily used for, the disposal of smoking waste within any common area, except in a designated outdoor smoking area as described in Section 8.32.050(G).

4. Every new lease shall include a provision substantially consistent with the following:
"Moorpark Municipal Code Section 8.32.030 prohibits smoking in all common areas in a multi-unit residence, and in all units governed by a lease that was entered into, renewed, or amended after February 1, 2018. It is a material breach of this lease for the tenant, or any other person subject to the control of the tenant or resident by invitation or permission of the tenant, to engage in smoking on the property, including in the unit and common areas (as those terms are defined in Moorpark Municipal Code Section

8.32.010), or to violate any law regulating smoking while anywhere on the property.

B. On or before February 1, 2018, the following regulations apply:

1. The landlord shall post, or shall cause to be posted, clear and unambiguous "No Smoking" signs in sufficient numbers and locations in the multi-unit residence to make it obvious to a reasonable person that smoking is prohibited in all common areas. The signs shall have letters of no less than one inch in height or contain the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar). Such signs shall be maintained by the landlord. The absence of signs shall not be a defense to a violation of any provision of this chapter.

2. The landlord shall provide written notice to all tenants whose units are governed by an existing lease stating that: (a) smoking is prohibited in all common areas of the multiunit residence beginning February 1, 2018, except in a designated outdoor smoking area; (b) any unit that is governed by a lease that was entered into on or after February 1, 2018 is designated as a non-smoking unit; and (c) any unit that is governed by a lease that was entered into before February 1, 2018 will be designated as a non-smoking unit when the lease is renewed or extended, or February 1, 2019, whichever is earlier, unless an earlier date is chosen by the landlord. The landlord does not need to comply with this provision if smoking is already prohibited in all common areas and units in the multiunit residence.

C. In addition to the above, beginning February 1, 2019, smoking is prohibited in all units in a multi-unit residence.

D. If the landlord has fully complied with subsections (A)(4), (B)(1), and (B)(2) of this section, the landlord shall not be criminally or civilly liable to any person for a person's breach of any smoking provision while in the multi-unit residence.

City of Moorpark, CA
§ 8.32.030 § 8.32.040
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§ 8.32.040. Prohibition of smoking by private property owner or manager.

Nothing in this chapter shall prohibit any owner, operator, manager, employer, non-profit entity, or other person with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area and whether the area is enclosed or not.
(Ord. 448 § 2, 2017; Ord. 460 § 2, 2017)
§ 8.32.050. Smoking—Permissible smoking areas.

Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

A. Private residences, except when used as a family day care facility or residential care home, and except that "private residences" shall not include a unit in, or any portion of, a multi-unit residence.

B. A maximum of 20% of the guest rooms in hotels and motels.

C. A retail smoking products store, provided it is located 25 feet or more from any opening of a private residence, has a separate ventilation system, and does not share a ventilation system with any other enclosed area or public place not otherwise exempted in this section. This section does not apply to the smoking of marijuana, which shall be prohibited in retail smoking product stores.

D. A place of employment that employs only the owner and no other employee, independent contractor, or volunteer, provided that:

1. The place of employment does not allow members of the public within enclosed areas; and

2. The enclosed area containing the place of employment does not share a ventilation system with any other enclosed area or public place not otherwise exempted in this section.

E. Theatrical production sites, if smoking is an integral part of the story in the theatrical production, as specified in Section 6404.5(e)(4) of the California Labor Code.

F. A designated outdoor smoking area, subject to approval of the community development director, for shopping centers, public places, or parking lots provided that:

1. The smoking area is as small as practicable to accommodate the number of smokers that are expected to use the area, but is not smaller than 50 square feet in total area, and does not have a dimension on any side less than five feet; and

2. The smoking area is not located within 25 feet of any outdoor service area; entrance, exit, or open window of any public building or dining area; and

3. Appropriate ash can(s) are placed in the smoking area and are maintained regularly by the owner, operator, or manager of the smoking area; and City of Moorpark, CA
§ 8.32.040 § 8.32.050
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(Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017) § 8.32.060. Posting of signs.

Every owner, operator, manager, employer, or other person having control of an enclosed or outdoor area where smoking is prohibited by this chapter shall clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). (Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017)

4. The smoking area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area as follows: Signs with arrows directing the public to the smoking area may be allowed; signs shall be no smaller than three inches high and eight inches long with a pictorial representation of a burning cigarette; signs shall contain "Designated Smoking Area" and shall be posted prominently between five feet and seven feet above the floor or ground; and all signs are subject to approval of the community development director.

G. A designated outdoor smoking area, subject to approval of the community development director, for multi-unit residences provided that:

2. The smoking area is not located within 25 feet of a playground or an entrance, exit, or operable window of any building; and

3. Appropriate ash can(s) are placed in the smoking area and are maintained regularly by the owner, operator, or manager of the designated outdoor smoking area; and

4. The smoking area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area as follows: signs shall be no smaller than three inches high and eight inches long with a pictorial representation of a burning cigarette; signs shall contain "Designated Smoking Area" and shall be posted prominently between five and seven feet above the floor or ground; and all signs are subject to approval of the community development director. Signs with arrows directing the public to the smoking area may be allowed.

H. Outdoor special events, subject to community development director approval of a temporary use permit for a single event, or an administrative permit, for a recurring event, provided that:

1. Such permit shall be subject to appropriate conditions of approval to limit the duration of such permit and require compliance with state law; and

2. Such permit shall limit, to the extent feasible, exposure of nonsmoking persons to secondhand smoke; and

3. An administrative permit for a recurring event shall be subject to renewal every six months.

City of Moorpark, CA
§ 8.32.050 § 8.32.070
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§ 8.32.070. Duties of person, employer, business, or nonprofit entity. (Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017) § 8.32.080. Other applicable laws.
(Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017) § 8.32.090. Violations and penalties.

Any person who violates any provision of, or fails to comply with, any requirement of this chapter is guilty of a misdemeanor/infraction and, upon conviction thereof, shall be punished in accordance with this code. The remedies provided by this code are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017) A. No person, employer, business, or nonprofit entity shall knowingly permit smoking or place ash receptacles in an area which is under the control of the person, employer, business, or nonprofit entity in which smoking is prohibited by this chapter or by other law, unless the person, employer, business, or nonprofit entity is otherwise compelled to do so under state or federal law.

B. No person, employer, business, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal for the purpose of retaliating against another person, employee, or applicant for employment, who seeks to attain compliance with this chapter, or who is exercising any right to a smoke-free environment afforded by this chapter.

A. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

B. It is not the intention of this chapter to regulate any conduct where the regulation of such conduct has been preempted by the state of California.

City of Moorpark, CA
§ 8.32.070 § 8.32.090
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CHAPTER 10

SMOKING REGULATED OR PROHIBITED
Editor's note—Chapter 10, Smoking Regulated or Prohibited, added by Ord. No. 650, repealed and replaced in its entirety by Ord. No. 703, effective February 12, 1994. § 5-10.01. Purpose and findings.
(§ 1, Ord. 703, eff. February 12, 1994)
§ 5-10.02. Definitions.

The following words, phrases and terms, as used in this chapter, shall be construed as defined in this section:
"Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. A "bar" for the purpose of this definition does not include any bar where smoke can filter into a restaurant through a passageway, ventilation system, or any other means. "Business" means any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. "City" means the City of Ojai, California.
"Common area" means every enclosed area or unenclosed area of a multi-unit residence that residents of more than one unit are entitled to enter or use, including, for example, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
"Designated smoking area" means an outdoor common area of a multi-unit residence designated as such by the owner, manager, or operator of the multi-unit residence, and located at least 25 feet from all units and areas primarily used by children.
"Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non- (a) The City Council finds that smoking of tobacco or any other weed or plant is a positive danger to health and a cause of material annoyance, inconvenience, discomfort and a health hazard to those who are present in areas exposed to secondhand smoke. (b) The declared purpose of this chapter is to:
(1) Protect the public health, safety and welfare by prohibiting smoking in public places and places of employment; and
(2) Guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air has priority over the desire to smoke.

City of Ojai, CA
§ 5-10.01 § 5-10.02
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profit entity.
"Employer" means any person, partnership, corporation, including a public entity, or non-profit entity, who employs the services of one or more individual persons. "Enclosed area" means all space between a floor and ceiling which is enclosed on all sides of solid walls or windows (exclusive of door or passageways) which extend from the floor to the ceiling, including all space therein screened by portions which do not extend to the ceiling or are not solid, such as "office landscaping" or similar structures.
"Home occupation" means any use within a dwelling which has been issued a home occupation permit by the City.
"Incidental food sales/service" means the sale or service of food products in a bar if such sale/ service constitutes 25% of the annual gross income of the bar. "Landlord" means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multi-unit residence that is leased to a residential tenant, except that landlord does not include a tenant who sublets a unit.
"Multi-unit residence" means property containing two or more units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, group homes, long-term health care facilities, mobile home parks, and campgrounds. Multi-unit residences do not include the following:
"Non-profit entity" means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public entity is not a 'non-profit entity' within the meaning of this section.
"Person" means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care or health care facility.
"Public entity" means any county, municipality, school or special district or political subdivision of the State, to the extent such public entity is subject to the jurisdiction of the City. "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, shopping malls, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, hotels and A single-family home, except if used as a child care, group home, or health care facility subject to licensing requirements; and
(1)
A single-family home with a detached or attached accessory dwelling unit, except if used as a child care or health care facility subject to licensing requirements. (2)
City of Ojai, CA
§ 5-10.02 § 5-10.02
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motels, theaters and waiting rooms. A private residence is not a "public place." "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeterias, including any associated outdoor eating area, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a "bar."
"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. "Separate ventilation system" means a system which is approved by the building official, exhausted to the outside, and negatively pressurized.
"Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. "Smoking" means vaping, inhaling, exhaling, burning or carrying any lighted, activated, or openly burning cigar, cigarette, electronic cigarette, weed, plant, combustible substance, or other mechanical or electronic device used for consuming tobacco, tobacco products, or any other weed or plant in any manner or in any form.
"Sports arena" means enclosed sports pavilions, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
"Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.
"Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper accuracy, or other things representative of value, which dispenses or releases a tobacco product. (§ 1, Ord. 703, eff. February 12, 1994, as amended by § 1, Ord. 704, eff. April 7, 1994, and § 1, Ord. 899, eff. July 25, 2019)
§ 5-10.03. Prohibition of smoking in public places.
(a) Except as otherwise provided, smoking shall be prohibited in all public places within the City, including, but not limited to, the following areas:
(1) All areas available to and customarily used by the general public in all public, business and non-profit entities patronized by the public, including, but not limited to, offices (such as attorneys, doctors, and other professionals), banks, retail stores and shopping malls;
(2) Buses, trolleys, taxicabs and other means of public transit provided by or under the authority of the City, and in ticket, boarding and waiting areas of public transit depots; (3) Elevators;
(4) Public restrooms;
City of Ojai, CA
§ 5-10.02 § 5-10.03
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(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 2, Ord. 899, eff. July 25, 2019) § 5-10.04. Prohibition of smoking in multi-unit residences. (5) Service lines;
(6) Libraries, museums and galleries;
(7) All reception and waiting areas;
(8) Waiting rooms, dining rooms, recreation rooms, lounges, hallways, wards and semiprivate rooms of private and public health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, senior care facilities, drug and alcohol treatment facilities, and doctors' and dentists' offices; (9) Child day care facilities as defined in the California Health and Safety Code and private residences while used as a family day care home or group home; (10) Within any facility which is primarily used for, or designed for the primary purpose of exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except to the extent smoking is part of a stage production; (11) Video arcades, bingo parlors, game rooms, pool halls, and other amusement and entertainment centers;
(12) Sports arenas, health and fitness clubs, auditoriums, and other facilities used for sports, recreation and fitness purposes;
(13) Bowling centers, including, but not limited to, bowling lanes, bowlers' settees, visitors' settees and concourses;
(14) Rooms, chambers, halls, or other places used for public meetings or public assembly, during such time as a public meeting is in progress;
(15) Restaurants, including outdoor seating areas;
(16) Retail food marketing establishments, including, but not limited to, grocery stores and super-markets;
(17) Beauty and personal care salons and barber shops;
(18) Laundromats;
(19) Common areas;
(20) Hotel and motel facilities, except as provided in Section 5-10.07; (21) Educational facilities;
(22) Polling places.
(b) Notwithstanding any other provision of this section, any owner, operator, manager, or other person who control any establishment or facility may declare that entire establishment or facility as a non-smoking establishment, whether enclosed or not.

City of Ojai, CA
§ 5-10.03 § 5-10.04
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(§ 4, Ord. 899, eff. July 25, 2019)
§ 5-10.05. Regulation of smoking in places of employment. (§ 1, Ord. 703, eff. February 12, 1994, as amended by § 3, Ord. 899, eff. July 25, 2019) § 5-10.06. Restriction of smoking in other areas.

Smoking shall be restricted in Libbey Bowl and other outdoor City recreational and entertainment facilities, including, but not limited to, ball fields, sports arenas, children's play areas, swimming pools, and outdoor theaters where the general public assembles to either engage in physical exercise, participate in athletic competition or witness sports or entertainment events; provided, however, that smoking may be permitted in unenclosed areas of these facilities designated for smoking by the City.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 5, Ord. 899, eff. July 25, 2019) § 5-10.07. Smoking optional areas.

Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
(a) Smoking is prohibited in all of the following, except as permitted under Section 5-10.07:
(1) Units in a multi-unit residence;
(2) Exclusive-use enclosed areas associated with a multi-unit residence, such as a private balcony, porch, deck, or patio;
(3) Common areas in a multi-unit residence complex, except in a designated smoking area. (a) Smoking is prohibited in all enclosed places of employment. Each employer associated with each such place of employment shall make reasonable efforts, as necessary, to ensure that all enclosed areas in the place of employment controlled by such employer are free from tobacco smoke or other smoke emanating from smoking products.
(b) All employers shall comply with these non-smoking provisions and shall be responsible for their implementation in their places of employment.
(c) Employers shall post "No Smoking" signs in accordance with Section 5-10.11 of this chapter. (d) Places of employment exempt from the prohibition on smoking in other sections in this chapter shall be exempt from this section.
(a) Single-family homes, except when used as a child care or health care facility or group home; (b) Bars;
(c) Retail tobacco stores;
(d) Dwellings used for home occupations;
(e) Hotel and motel rooms with separate ventilation systems rented to guests provided each hotel and motel designates not less than 50% of its guest rooms as non-smoking rooms; City of Ojai, CA
§ 5-10.04 § 5-10.07
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(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 6, Ord. 899, eff. July 25, 2019) § 5-10.08. Prohibition of tobacco vending machines.

No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a tobacco vending machine or other device designed or used for vending purposes, except from vending machines located on premises which have either a type 61, type 42 or type 48 license from the Department of Alcoholic Beverage Control. Each tobacco vending machine must be located at least 25 feet from any entry into the premises. The provisions of this section shall become effective 180 days after the effective date of this chapter. (§ 1, Ord. 703, eff. February 12, 1994 , as amended by § 7, Ord. 899, eff. July 25, 2019) § 5-10.09. Regulation of tobacco products.
(f) Conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions provided these rooms are equipped with separate ventilation systems, while these places are being used for private functions. However, 50% of these areas will be designated non-smoking;
(g) An enclosed place of employment which employs only the owner and no other employee provided that the place of employment is not a public place and does not share a ventilation system with any other enclosed place of employment or public places; (h) Bar areas within restaurants provided that such areas meet the separation standards enumerated in subdivisions (1) through (3) of this subsection and provided that the restaurant/bar intends to comply with these standards. The intent to comply shall be demonstrated by the restaurant/bar owner in the following manner:
(1) The bar must have a separate ventilation system from the restaurant, (2) There must be a wall or walls with no penetration between the two uses. A doorway may penetrate the wall if the doorway contains a door,
(3) If a bar and restaurant are both attached through a kitchen or other space, that space must be equipped with a separate ventilation system or vented through the restaurant ventilation system;
(i) Designated smoking areas in multi-unit residences;
(j) Units within multi-unit residences with separate ventilation systems. (a) Any person in the business of selling or otherwise distributing or marketing cigarettes or other tobacco or smoking products for commercial purposes shall post plainly visible signs at the point of purchase of tobacco products which state "THE SALE OF TOBACCO

PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO I.D. IS REQUIRED." The letters of said signs should be at least one-quarter inch high.
(b) No person in the business of selling or otherwise distributing or marketing cigarettes or other tobacco or smoking products for commercial purposes shall in the course of such business distribute any cigarette or other tobacco product, or coupon, certificate, or other written City of Ojai, CA
§ 5-10.07 § 5-10.09
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(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 8, Ord. 899, eff. July 25, 2019) § 5-10.10. Out of package sales.

No person shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings. (§ 1, Ord. 703, eff. February 12, 1994, as amended by § 9, Ord. 899, eff. July 25, 2019) § 5-10.11. Education.

The City Manager or designee, in conjunction with the Ventura County Department of Health, shall engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it, and to guide landlords, owners, operators, employers and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this chapter. (§ 1, Ord. 703, eff. February 12, 1994, as amended by § 10, Ord. 899, eff. July 25, 2019) § 5-10.12. Posting of signs.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 11, Ord. 899, eff. July 25, 2019) § 5-10.13. Landlord's responsibilities.
material which may be redeemed for tobacco products without charge, to any person on a public street or sidewalk or in a public park or on other public grounds. (a) "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this chapter, by the landlord, owner, operator, manager, employer or other person having control of such building or other place. (b) Every restaurant shall have posted within every entrance a conspicuous sign clearly stating that smoking is prohibited.
(c) Every hotel and motel shall have signs posted conspicuously in the registration and lobby areas which state that non-smoking rooms are maintained and may be available; rooms designated as being nonsmoking shall have signs designating such restriction conspicuously placed within the room.
(d) The posting of signs pursuant to this section shall be exempt from the provisions of Chapter 6 of Title 9 of this Code.
(e) The City Manager may adopt such regulations as are reasonably necessary to carry out the purpose and intent of this section.
(f) The absence of signs shall not be a defense to a violation of any provision of this chapter. (a) On the effective date of the ordinance adding this section, the following regulations apply:
(1) The landlord will not permit the presence of ash trays, ash cans, or other receptacles designed for, or primarily used for, the disposal of smoking waste within any common City of Ojai, CA
§ 5-10.09 § 5-10.13
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(§ 12, Ord. 899, eff. July 25, 2019)
§ 5-10.14. Enforcement.
area, except in a designated outdoor smoking area.
(2) The landlord shall provide written notice to all tenants whose units are governed by an existing lease restating Section 5-10.04 and describing their rights to submit written complaints to the landlord under Section 5-10.13(a)(4)5-10.13(a)(4) or to the City Manager under Section 5-10.14(c). If the landlord has created a designated smoking area, the landlord must include a floor plan of the building in the notice identifying the location of the designated smoking area. The landlord does not need to comply with this provision if smoking is already prohibited in all common areas and units in the multiunit residence. (3) Every new lease shall include a provision substantially consistent with the following:
"Ojai Municipal Code Chapter 5-10 prohibits smoking in all units, exclusive use enclosed areas, and common areas in a multi-unit residence, except as permitted under Section 5-10.07. It is a material breach of this lease for the tenant, or any other person subject to the control of the tenant or resident by invitation or permission of the tenant, to engage in vaping, inhaling, exhaling, or burning any electronic cigarette, lighted cigar, cigarette, weed, plant, combustible substance, or mechanical or electronic device in any manner or in any form on the property, or to violate any law regulating smoking while anywhere on the property. Violations are punishable under Ojai Municipal Code Section 5-10.15."
(4) Upon receiving a signed written complaint regarding prohibited smoking, the landlord must provide a warning to the offending tenant, stating that the tenant may be evicted if three or more complaints are received. Upon receiving a third signed, written complaint against the offending tenant, the landlord may evict the tenant or pursue other legal remedies available. The landlord must maintain copies of the written complaints and make them available to the City upon request.
(b) If the landlord has fully complied with Chapter 5-10, the landlord shall not be criminally or civilly liable to any person for a person's breach of any smoking provision while in the multiunit residence. (c) A landlord's failure to enforce any smoking regulation of a lease agreement on one or more occasions does not constitute a waiver of the lease or agreement provisions required by this section, and does not prevent future enforcement of the lease or agreement provisions required by this section.
(a) Notice of the provisions set forth within this chapter shall be given to all applicants for a business license.
(b) Enforcement of this chapter shall be implemented by the City Manager or designee. (c) Any citizen who desires to register a complaint under this chapter may initiate enforcement with the City Manager or designee.
(d) Notwithstanding any other provisions of this chapter, a private citizen may bring legal action City of Ojai, CA
§ 5-10.13 § 5-10.14
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(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 13, Ord. 899, eff. July 25, 2019) § 5-10.15. Violations and penalties.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 14, Ord. 899, eff. July 25, 2019) § 5-10.16. Non-retaliation.

No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 15, Ord. 899, eff. July 25, 2019) § 5-10.17. Other applicable laws.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable law.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 16, Ord. 899, eff. July 25, 2019) to enforce this chapter.
(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions.
(b) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
(c) Any person, employer, business, tobacco retailer, landlord, owner, manager or operator of any establishment subject to this chapter who violates any provision of this chapter, shall be deemed guilty of an infraction at the discretion of City authorities and, upon conviction thereof, shall be subject to the following schedule of penalties: a maximum of $100 for the first offense; a maximum of $200 for the second offense; a maximum of $500 for every offense thereafter. Such person, employer, business, tobacco retailer, landlord, or owner, manager or operator shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted and shall be punishable as provided in this section. The provisions of this section are in addition to and independent of any other sanctions which are or may be imposed under this chapter or any other provision of law.

City of Ojai, CA
§ 5-10.14 § 5-10.17
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ORDINANCE NO. 778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, AMENDING IN ITS ENTIRETY CHAPTER 8.52 (SMOKING

REGULATIONS) OF THE CARPINTERIA MUNICIPAL CODE
WHEREAS, the City of Carpinteria (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke1 and the California Air Resources Board identified secondhand smoke as a toxic air contaminant for which there is no safe level of exposure;2 and
WHEREAS, secondhand smoke is responsible for an estimated 34,000 heart disease-related and 7,300 lung cancer-related deaths among adult nonsmokers each year;3 and
WHEREAS, in children, secondhand smoke causes ear infections, more frequent and severe asthma attacks, respiratory infections, and increases the risk of Sudden Infant Death Syndrome (SIDS); and
WHEREAS, several studies indicate that secondhand cannabis smoke has been identified as a health hazard. This finding is supported by the following objective studies:
•
The California Environmental Protection Agency includes cannabis smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer;4 • Cannabis smoke contains at least 33 known carcinogens;5 • In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible levels of cannabinoids in non-smoker participants’ blood and urine, 1 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health (2006) available at:
https://www.ncbi.nlm.nih.gov/books/NBK44324/pdf/Bookshelf NBK44324.pdf (accessed February 28, 2024). 2 Air Resources Board, California Environmental Protection Agency. Frequently Asked Questions — Environmental Tobacco Smoke, available at: https://ww2.arb.ca.gov/our-work/programs/environmental-tobacco-smokeidentified-toxic-air-contaminant (accessed February 28, 2024). 3 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at: https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf NBK179276.pdf (accessed February 28, 2024).
4 California Environmental Protection Agency. Evidence on the Carcinogenicity of Cannabis Smoke. Sacramento, CA:

California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, Reproductive and Cancer Hazard Branch (2009) available at: https://oehha.ca.gov/media/downloads/proposition 65/chemicals/finalmismokehid.pdf (accessed February 28, 2024). 5 Id.

Attachment C
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Ordinance No. 778
Page2
and participants experienced minor increases in heart rate and impaired cog nitive performance;6
A recent systematic review of the literature concluded that secondhand exposure to cannabis smoke leads to cannabinoid metabolites in bodily fluids and ind ivid uals experiencing self-reported psychoactive effects;i and WHEREAS, medical cannabis is known to help patients address symptoms related to glaucoma, epilepsy, arthritis, and anxiety disorders, among other illnesses,s and under the Compassionate Use Act of 1996, doctors may recommend the medical use of cannabis to a patient; and
WHEREAS, in addition to secondhand smoke from tobacco products, exposure to electronic smoking device aerosol may be considered a health hazard and has immediate impacts on the human respiratory and cardiovascular system, posing a risk to human health, as evidenced by the following:
. Research has found at least twelve chemicals in electronic smoking device aerosol known to the State of California to cause cancer, birth defects, or other reproductive harm,s such as formaldehyde, acetaldehyde, lead, nickel, chromium, arsenic, and toluene;10 o Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke;11
o Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and poses a risk to human health;12
6 Herrmann, ES, Cone, EJ, Mitchell, JM, et al. Non-Smoker Exposure to Secondhand Cannabis Smoke tt: Effect of Room Ventilation on the Physiological, Subjective, and Behoviora!/Cognitive Effects. Drug Atcohol Depend. (2015) 751.:194-202. Doi : 10.1016/j.drugalcdep.2015.03.019, available at https://www.sciencedirect.com/science/article/abs/piilS037687161500160X?via%3Dihub. 7 Holitzki H, Dowsett LE, Spackman E, Noseworthy T, Clement F. Heatth effects of exposure to second- and thirdhond morijuana smoke: a systematic review. CMAJ Open. 2017;5(4):E8 L4-E822. doi:t}.977g/cmajo.2OI70LL2. 8 National Academies of Sciences, Engineering, and Medicine. "4. Therapeutic Effects of Cannabis and Cannabinoids." The Heolth Effects of Cannabis and Connabinoids: The Current State of Evidence ond Recommendations for Research. (20t71. https://www.ncbi.nlm.nih.gov/books/N 8K425767 / e Office of Environmental Health Hazard Assessment, California Environmental protection Agency, The proposition 65 list. https://oehha.ca.eov/proposition-65/proposition-65-list (accessed February 28,2024); California Tobacco Control Program, California Department of Public Heotth. Stote Heotth Officer's Report on E-Cigarettes: A Community Heolth Threot (2015) available at: www.cdph.ca.sovlProsrams/CCDpHp/DCDIC/CTCB/ CDPH%20Document%20Librarv/Policv/ElectronicSmokingDevices/StateHealthEcieReport.pdf; National Academies of Sciences, Engineering, and Medicine . Pubtic Heatth Consequences of E-Cigorettes (2018) Washington, DC: The National Academies Press available at: https://www.nap.edu/catalog/24952lpublic-health-consequences-of-ecigarettes 10 Fowles J, Barreau T, Wu N. Cancer and Non-Cancer Risk Concerns from Metals in Electronic Cigarette Liquids and Aerosols.lnt J Environ Res Public Health (2020) t7(6):2La6. doi: 10.3390/ijerpht7o62l46. 11 Public Health Consequences of E-Cigarettes, supra.
12 ld.
a
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a
a
Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure resulting in addiction and other harmful consequences is a serious concern;13
lndoor air experts and health authorities, including the U.S. Surgeon General, American Society of Heating Refrigerating and Air Conditioning Engineers, and the State of California Tobacco Education and Research Oversight Committee (TEROC), all support inclusion of electronic smoking devices in regulations of smoking and other tobacco product use;14 and WHEREAS, research demonstrates that secondhand smoke in multi-unit residences or common interest developments can and does transfer between units, creeping under doonruays and through wall cracks;15 and WHEREAS, the U.S. Surgeon General has concluded that eliminating smoking in indoor spaces is the only way to fully protect nonsmokers from secondhand smoke exposure; and that separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely prevent secondhand smoke exposure;16 and WHEREAS, several studies have confirmed that smoke-free multi-unit residence policies are an effective method to reduce secondhand smoke exposure in multi-unit residences; and
WHEREAS, secondhand smoke in multi-unit residences is a significant threat to the health and safety of California children;17 and
WHEREAS, research consistently demonstrates that a majority of tenants in multi-unit residences, including a large portion of smokers, supports smoke-free policies in multi-unit residences, and that support is even greater among residents with children; and
WHEREAS, 100 California cities and counties have adopted smoke-free multiunit residence ordinances;18 and t3 td.
1a U.S. Department of Health and Human Services. E-Cigorette Use Among Youth ond Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. (2016) avai la ble at: https://www. ncbi. nl m. nih.gov/books/N BK538680/ 1s Diciacomo Sl, Jazayeri MA, Barua RS, Ambrose JA. Environmental Tobacco Smoke and Cardiovascular Disease, lntJ Environ Res Public Health (2018) 16(1):96. doi: 10.3390/ijerph16010096. t6 The Heolth Consequences of tnvoluntary Exposure toTobacco Smoke. A Report ofthe Surgeon Generol (2006) supra.
17 Centers for Disease Control and Prevention (CDC). CDC Vitol Signs - Secondhand Smoke: An unequal Danger. (February 2015) available at: www.cdc.sov/vitalsisns/pdfl2015-02-vitalsiens.pdf (accessed April 10, 2023). 18 American Nonsmoker's Rights Foundation, U.5. Lows for 700% Smokefree Multi-lJnit Housing (January 1,2024) available at http://no-smoke.orslwp-content/uploads/pdf/smokefreemuh.pdf.

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WHEREAS, there is no Constitutional right to smoke; and WHEREAS, California law declares that anything which is injurious to health or obstructs the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance; and
WHEREAS, there are significant savings from adopting a smoke-free multi-unit housing policy, as evidenced by the following:
o Prior to implementation, the U.S. Department of Housing and Urban Development's smoke-free public housing policy was conservatively estimated to produce an annual savings of 4 to I million dollars a year for U.S. public housing authorities in renovation-related costs,le and 30 to 10g million dollars per year in health care costs in California alone;2o . lmplementing statewide smoke-free policies in multi-unit housing properties would save property owners in California an estimated $18.1 million in renovation expenses each year;21 and
WHEREAS, local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance; and
WHEREAS, State law allows local governments to adopt ordinances that permit residential rental agreements to prohibit smoking tobacco products within rental units; and
WHEREAS, State law prohibits smoking within 25 feet of playgrounds as well as within 20 feet of government buildings and expressly authorizes locaf communities to enact additional restrictions; and
WHEREAS, state law explicitly permits cities and counties to enact localtobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code S 22971.3); and WHEREAS, California Business and Professions Code section 22952 raised the minimum age limit to purchase tobacco or tobacco-related products to 21 years of age in California; and
WHEREAS, California Business and Professions Code section 22952(b) establishes that retailers of tobacco products are required to post conspicuously, at each point of purchase, notices with specific requirements; and 1s McFarlane A, Djoko Y, Woodward A. lnstituting Smoke-Free Public Housing: An Economic Analysis, Cityscope, 2017;19(31:435-448. Available at: https://www.huduser.eov/portal/periodicals/citvscpe/voli.9num3/ch24.pdf. 20 King BA, Peck RM, Babb SD. National and State Cost Savings Associated with prohibiting Smoking in Subsidized and Public Housing in the United States, Prev Chronic Dis. 20!4;LL:E171. doi: 10.5888/pcd1L.t4O222. 21 ong MK, Diamant AL, Zhou Q, Park HY, Kaplan RM. Estimates of smoking-related property costs in California multiunit housing, Am J Public Health,20L2; L02(3):490-493. doi:10.2105/AJpH.2011.300170.

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WHEREAS, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-smokers, especially children; to protect the public from exposure to secondhand smoke where they live, work, and play; and to protect the public from nonconsensual exposure to secondhand smoke in and around their homes, the City desires to amend Chapter 8.52 of Title 8 of the Carpinteria Municipal Code ("Smoking Regulations") in its entirety, particularly to prohibit smoking, including tobacco, cannabis, and electronic smoking device vapor or aerosol, in multi-unit residences, including apartments, owner-occupied multi-unit housing and common interest developments, such as condominiums, and to implement the signage requirements of California Business and Professions Code section 22952.

NOW THEREFORE, the City Council of the City of Carpinteria does ordain as follows SECTION 1. lncorporation of Recitals
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City Council for its adoption of this Ordinance SECTION 2. Amendment to Code
Chapter 8.52 of the Carpinteria Municipal Code should be revised to read as follows:

Ghapter 8.52- Smoking Regulations

8.52.010 Title.

The regulations contained in this chapter may be known and referred to as the "smoking regulation code."

8.52.020 Purpose.

This chapter is enacted with the specific intent to
A. Prohibit smoking in certain public places not preempted by California Labor Code section 6404.5, which provides further smoking regulations; B. Protect the public health, safety and general welfare by prohibiting smoking in certain public places under circumstances where other persons will be exposed to secondhand smoke;
C. Ensure a cleaner and more hygienic environment for the City, its residents, and its natural resources, including its creeks and streams; D. Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including residents and visitors, particularly children, to breathe smoke-free air, recognizing the threat to public health and the environment which smoking causes;
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E. Regulate the manner in which tobacco products are sold; and F. Designate the enforcing mechanism for this chapter and for Labor Code section 6404.5.

8.52.030 Definitions
The following definitions shall govern construction of this chapter unless indicated othenrise. For purposes of this chapter, these definitions shall supersede the same terms that are defined elsewhere in this Code.
"Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partneir, or" a sale for which a significant purpose is avoiding the effect of a violation of this chapter, is not an "arm's length transaction."
"Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
"Business" means any sole proprietorship, partnership, joint venture, corporation, association or other entity formed for profit-making purposes or that has an employee. "Cannabis" has the meaning set forth in California Health and Safety Code section 1 1018, as that section may be amended from time to time. "Common area" means every area of a multi-unit residence that residents of more than one unit are entitled to enter or use, including, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped iieas, restrooms, laundry rooms, cooking areas, and eating areas.
"Common interest development" means any of the following:

1. A community apartment project as defined in section 41OS of the Civil Code.

2. A condominium project as defined in section 783 of the civil code.

3. A planned development as defined in section 6562 of the civil code. 4. A stock cooperative as defined in section 1 1003.2 of the Business and Professions Code.
"Code compliance officer" means the city code compliance officer or duly authorized designee of the city code compliance officer.
"Dining area" means any area available to or customarily used by the general public that is designed, established or regularly used for consuming food or drink.

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"Electronic smoking device" means an electronic and/or battery-operated device which can be used to deliver an inhaled dose of nicotine or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes, but is not limited to, any device manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other similar product name or descriptor.
"Employee" means any person who is employed or retained as an independent contractor by any employer as defined in this section; or any person who volunteers his or her services for an employer, association, nonprofit or volunteer entity. "Employer" means any person, partnership, corporation, association, nonprofit or other entity that employs or retains the service of one or more persons, or supervises volunteers.
"Enclosed" means:

1. Any covered or partially covered space having more than fifty percent (50%) of its perimeter area walled in or othenryise closed to the outside such as, for example, a covered porch with more than two walls; or

2. Any space open to the sky (hereinafter "uncovered") having more than 75 percent of its perimeter area walled in or otherwise closed to the outside, such as, for example, a courtyard.
"Health officer" means the county health officer or the duly authorized designee of the county health officer.
"Landlord" means any person or agent of a person who owns, manages, or is othenruise legally responsible for a unit in a multi-unit residence that is leased to a residential tenant. For purposes of this chapter, a tenant who sublets their unit (e.9., a sublessor) is not a landlord.
"Multi-unit residence" means property containing two (2) or more units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities. The following are not included in the definition of a multi-unit residence:
(1) a mobile home park;
(2) a campground;
(3) a one-family dwelling, as defined in section 14.08.200 of this Code, except if used as a health care facility subject to licensing requirements; and (4) a one-family dwelling, as defined in section 14.08.200 of this Code, with an Agenda Item No. 06 Page 30 of 53 CC Agenda 10-21-2024
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accessory dwelling unit or junior accessory dwelling unit, as defined in section

14.72.020 of this Code, except if the one-family dwelling, accessory dwelling unit, or junior accessory dwelling unit is used as a health care facility subject to licensing req uirements.
"Nonprofit entity" means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section.
"Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place of employment" means any area under the legal or de facto control of an employer, business or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses and private residences that are used as childcare or healthcare facilities subject to licensing requirements.
"Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on city property.
"Premises" means a lot or contiguous lots and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same person or are under common control.
"Public place" means any public or private place open to the general public regardless of any fee or age requirement, including, for example, streets, sidewalks, parking lots, parking garages, plazas, bars, restaurants, clubs, stores, stadiums, parks, playglounds, taxis and buses. For the purposes of the provisions of this chapter, a "public pl-ce" does not mean a private residence except for (a) residences used as a child care, health care, board and care, or community foster care facility as such terms are defined by the state Health and Safety Code or (b) the common areas of multi-unit residences, such as apartment buildings and condominiums.
"Reasonable distance" means the greatest distance practicable that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be at least 25 feet, Agenda Item No. 06 Page 31 of 53 CC Agenda 10-21-2024
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except where physical constraints prevent such distance, and then the distance may only be reduced upon a showing of physical necessity. Under no circumstances shall the distance be less than 15 feet.
"Recreational area" means any public or private area open to the public for recreational purposes whether or not any fee for admission is charged, including without limitation, parks, trails, gardens, sporting facilities, stadiums and playgrounds. "Restaurant" means any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria, eating establishment, boardinghouse or guest house or similar establishment which gives or offers for sale food or drink to the public.
"Secondhand smoke" means smoke that is generated from the burning end of a lighted tobacco, weed or plant product, or smoke that is exhaled by a person who smokes after inhaling or ingesting a lit tobacco, weed or plant product, or the aerosolized or vaporized substance that is exhaled by a smoker after inhaling an "electronic smoking device." "Self-service display" means an open display of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of an employee.
"Smoking" or to "smoke" means

1. inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, except when the combusting or vaporizing material containing no tobacco, nicotine, or cannabis and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense;

2. carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or

3. using an "electronic smoking device."
"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, e-liquids, and any oiher item designed for smoking, preparation, storing or consumption of tobacco products.
"Tobacco product" means any substance containing tobacco leaf, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

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"Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things.

This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Tobacco retailer license" or "license" shall mean a business license that permits the retail sale of tobacco products and/or tobacco paraphernalia. "Tobacco vending machine" means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, bills, trade checks, slugs or other form of legal tender or consideration. "Unenclosed area" means any area which is not enclosed. "Unit'means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use encloled area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. "Unit" includes, but is not limited to, an apartment; a condominium; a townhouseia room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent.
"Vendor-assisted" means that only a store employee has access to the tobacco product and assists a customer by supplying the product. The customer does not take possession of the product until it is purchased.

8.52.040 Secondhand Smoke Generally
For all purposes within the jurisdiction of the city, the nonconsensual exposure to secondhand smoke and the uninvited presence of secondhand smoke on property in violation of this chapter shall constitute a nuisance, as is further described by Chapter

9.70 of this Code.

8.52.050 Public and other Places where Smoking Shall Be prohibited Except as othenryise provided by this chapter or by state or federal law, smoking shall be prohibited everywhere in the city, including but not rimited to:

A. Public places;
B. Residences used as a child care, health care, board and care, or community foster care facility as such terms are defined by the state Health and Safety Code;
C. Common areas of multi-unit residences, such as apartment buildings and condominiums;
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D. Effective July 1 ,2025, anywhere on the premises of a multi-unit residence, including inside multi-unit residence units, common areas, and other outdoor areas.

E. Places of employment;
F. Enclosed and unenclosed places of hotels, businesses, restaurants, bars and other public accommodations;
G. Buses or other means of public transit, and ticket, boarding and waiting areas of public transit depots and bus stops, enclosed or not;

8.52.060 Places Where Smoking May Be Permitted
Except where prohibited by state or federal law, and by Chapter 12.24.020.21A of this Code, smoking may be permitted in the following locations within the city notwithstanding section 8.52.050:

A. One-family dwellings as defined at Chapter 14.08.200 of the Municipal Code This chapter does not preclude private regulation of smoking at one family dwellings;
B. Designated smoking areas on private property provided that all of the following conditions are met:

1. The area is located a reasonable distance from
a. any doonruay or opening into an enclosed area; and
b. any access way to a public place;

2. The area has a clearly marked perimeter;

3. The area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area pursuant to section 8.52.110 of this code;

4. Apilropriate ash can(s) are placed in the smoking area and are maintained regularly by the owner, operator or manager of the smoking area;

5. No consistent complaints of secondhand smoke are filed with the city; and

6. The area is well lit
C. Designated smoking areas (DSAs) on public property approved by the city council and developed and maintained as such by the city. Prior to creating a Agenda Item No. 06 Page 34 of 53 CC Agenda 10-21-2024
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DSA, the city council shall make a finding that the DSA is consistent with the purposes of this chapter;
Smoking areas at public events which have been approved as part of a Special Event Permit or Temporary Use Permit issued by the city. lnside a private vehicle when no minor is in or within 25 feet of the private vehicle.

Any unenclosed area in which no nonsmoker is present and, due to the time of day or other factors, it is not reasonable to expect another person to arrive

8.52.070 Modifications of Designated Smoking Area (DSA) The city reserves the right to prohibit or require modifications to a DSA at a certain location if it undermines the purposes of this chapter.

8.52.080 Smoking Prohibited in Multi-Unit Residences
A. Effective July 1 ,2025, smoking is prohibited in all units and common areas of multi-unit residences.

Notwithstanding any other provisions of this chapter, smoking of cannabis for medical purposes with a doctor's recommendation as permitted by California Health and Safety Code sections 11362.7 et seq. in any unit of a multi-unit residence is not prohibited by this chapter. Notwithstanding the foregoing, such use of cannabis may be prohibited or regulated by other provisions of this code, state law, or federal law.

C. All common areas of multi-unit residences shall have signage indicating that smoking is prohibited consistent with the sign requirements of section 8.52.110.

D. lf the City receives a complaint of a violation of subdivision A, it may issue a notice to the person(s) responsible, informing them of the requirements of this Chapter. The tenant(s) of a unit, or owner-occupant(s) of an owner-occupied unit, shall be deemed the person(s) responsible for the violation where the violation was caused by the tenant(s) or owner-occupant(s) of the unit, or one or more persons subject to the control of, or present by invitation or permission of, the tenant(s) or owner-occupant(s).

Sales contracts for condominiums entered into on or after July 1, 2025 shall disclose the requirements of this Chapter.

Any person may bring a civil action to enforce this section to prevent future violations and may sue to recover actual or statutory damages, including court costs, and attorney's fees, However, this Chapter does not create a private right of action for a tenant against a landlord for any damages the tenant may suffer due to another tenant's breach of any smoking provision in a lease or oiher D
E
F
B
E
F
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rental agreement, so long as the landlord has fully complied with the terms of this section and section 8.52.090.

8.52.090 Requirements for Multi-Unit Residences
A. As of July 1,2025, the landlord or association shall deliver to each unit of a multi-unit residence, a copy of this Chapter and a written notice clearly stating

1. As of July 1 ,2025, all units are designated nonsmoking units and smoking is prohibited in a unit, including any associated private balcony, porch, deck, or patio.

2. Smoking in all common areas or outdoor areas, except for specifically designated smoking areas, is a violation of this Chapter.

B. Every landlord or association shall provide prospective tenants, and/or prospective buyers of units, a copy of this Chapter and written notice clearly stating that:

1. As of July 1 ,2025, Smoking is prohibited in units, including any associated private balcony, porch, deck, or patio; and

2. Smoking is prohibited in all common areas and outdoor areas, except for specifically designated smoking areas.

C. Every seller of a unit in a common interest development shall provide prospective buyers or renters a copy of this Chapter and written notice clearly stating that:

1. As of July 1 ,2025, smoking is prohibited in units, including any associated private balcony, porch, deck, or patio; and

2. Smoking is prohibited in all common areas and outdoor areas, except for specifically designated smoking areas,
D. As of July 1,2025, the person or persons with legal control over common areas shall post and maintain clear and unambiguous "No Smoking" signs at entrances and exits, in common areas, and in conspicuous places adjoining the property grounds. ln addition, as of July 1 ,2025, the person or persons with legal control over the multi-unit residences shall post and maintain signs in sufficient numbers and locations to indicate that smoking is prohibited in all units. The absence of signs shall not be a defense to a violation of any provision of this Chapter. "No Smoking" signs are not required inside or on doonruays of units.

E. Landlords or associations with knowledge of violations shall take reasonable steps to investigate and enforce the regulations, including a written notice to the Agenda Item No. 06 Page 36 of 53 CC Agenda 10-21-2024
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resident of the knowledge of the violation, a request to cease the violation, and the course of action to be taken if the violation is not corrected.

8.52.100 Allowing, Aiding or Abetting Smoking
A. No person, employer, business or nonprofit entity shall knowingly permit smoking in an area under his, her or its legal or de facto control in which smoking is prohibited by this Chapter or other law.

B. Except as provided in section 8.52.120 of this code, no person, employer, business or nonprofit entity shall allow the placement or maintenance of a receptacle for smoking waste in an area under his, her or its legal or de facto control in which smoking is prohibited by this chapter or other law, provided however, that a receptacle may be placed at the entry to a nonsmoking area, along with a "No Smoking" sign, in order to encourage any smokers in violation of this chapter to immediately extinguish and properly dispose of smoking materials.

C. No person shall intimidate, threaten, effect a reprisal or retaliate against another person who seeks to attain compliance with one or more of this chapter's provisions.

8.52.110 Signs
Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this Chapter.

A. "No Smoking" or "Smoke Free" signs, with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or any alternative signage approved by the Community Development Director may be conspicuously posted by the person, employer, business or nonprofit entity who or which has legal or de facto control of such place at each entrance to a public place in which smoking is prohibited by this chapter.

B. Within designated smoking areas, one or more conspicuously displayed sign(s) shall be posted identifying the area as such. Signs shall adhere to the following requirements: signs with arrows directing the public to the designated smoking area may be allowed; signs shall be no smaller than three (3) inches high and eight (8)-inches long with a pictorial representation of a burning cigarette; signs shall contain "Designated Smoking Area" or similar and shall be posted prominently between five (5) feet and seven (7) feet above the floor or ground; and all signs are subject to approval by the Community Development Director at his or her discretion.

No person shall alter, deface, obscure, remove or destroy a sign or placard that this chapter authorizes.
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8.52.120 Smoking Waste
Except for disposal of smoking waste in a smoking waste receptacle, no person shall dispose of smoking waste: (1) in or upon a public street or sidewalk; (2) in an area in which smoking is prohibited by this Chapter or other law; or (3) in any area a reasonable distance therefrom.

8.52.130 Requirement for Tobacco Retailer License
It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailer licenses are valid for one year. An application to renew a tobacco retailer license shall be submitted prior to the expiration of the license.

8.52.140 Tobacco Retailerc must operate at a Fixed Location No tobacco retailer license may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.

8.52.150 Prohibition of Tobacco Retailing within Gertain Areas of the City No tobacco retailer license may be issued to authorize a tobacco retailer in the areas of the City described in sections 14.20.075 and 14.22.070 of this Code.

8.52.160 Appl ication Proced ure
A. An application for a tobacco retailer license, plus one copy shall be submitted to the Community Development Department in the name of the person proposing to conduct tobacco retailing and shall be signed by such person or an authorized agent thereof.

It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license. No proprietor may rely on the issuance of a license as a determination by the City of Carpinteria that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to section

8.52.260 of this Chapter. Nothing in this Chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the City and shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business seeking a license.

2. The business name, address, and telephone number of the single fixed Agenda Item No. 06 Page 38 of 53 CC Agenda 10-21-2024
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location for which a license is sought.

A single name, mailing address and email address authorized by each proprietor to receive all communications and notices (the "Authorized Address") required by, authorized by, or convenient to the enforcement of this chapter. lf an Authorized Address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above.

Proof that the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the Department of Tax and Fee Administration.

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter or any other local and state laws, rules and regulations related to tobacco retailing and, if so, the dates and locations of all such violations within the previoui five years.

B. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law, subject to the laws'exemptions.

8.52.170 lssuance of Tobacco Retailer License
A. Within thirty days of the City's receipt of an application for a tobacco retailer license, the City shall issue a license, unless it has been determined by the City that the issuance of the license should be denied, based on the following criteria

1. The information presented in the application is incomplete, inaccurate or false; or
The application seeks authorization for tobacco retailing by a person or at a location for which a suspension is in effect pursuant to section 8.52.260 of this chapter; or

3. The application seeks authorization for tobacco retailing in an area that is in violation of sections 14.20.07s and 14.22.070 of this code.

4. The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.9., mobile vending), that is unlawful pursuant to this code, or that is unlaMul pursuant to any other law.

B. A denial of a tobacco retailer license may be appealed pursuant to section

8.52.260 of this chapter.
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C. A licensed tobacco retailer shall inform the City in writing of any change in the information submitted on an application for a tobacco retailer's license within ten (10) business days ofa change.

D. The City shall keep a permanent record of all tobacco retailer licenses issued, but may destroy such records as provided by law with the approval of the City Council.

8.52.180 Display of Tobacco Retailer License
Each licensee shall prominently display the tobacco retailer license at each location where tobacco retailing occurs.

8.52.190 Fees for Tobacco Retailer License
A. The initial or renewalfee for a tobacco retailer license shall be established in a master fee schedule adopted by resolution of the City Council, The fee shall be paid to the City when a tobacco retailer license application is submitted.

B. Renewal. Renewal fees, paid to the City, are due the first business day after the date of expiration of a tobacco retailer license. A tobacco retailer will be allowed a 30-day grace period to pay the renewal fee if the renewal fee has not been paid by the end of the grace period, a penalty of 50 percent of the renewal fee shall be added to the renewal fee. lf the renewal fee and any applicable late penalty are not paid within 90 days after the date of expiration of a tobacco retailer license, then the City shall automatically revoke the license. Thereafter, if the licensee desires to resume tobacco retailing, a new license application must be submitted to the Community Development Department in accordance with section 8.52.160, along with the license fee and late penalty.

8.52.200 Tobacco Retailer Licenses Are Nontransferable
A. A tobacco retailer license is nontransferable. lf a person to whom a tobacco retailer license has been issued, changes the business location or sells the business, then that person must obtain a new license prior to acting as a tobacco retailer at the new location, or the buyer of the business must obtain a license in the buyer's name before acting as a tobacco retailer.

B. Prior violations at a location shall continue to be counted against a location and license suspension periods shall continue to apply to a location unless:

1. The location is being or has been fully transferred to a new owner; and

2. The new owner(s) provide the City with clear and convincing evidence that the new owner(s) is acquiring or has acquired the location in an arm's length transaction.

8.52.210 License Conveys a Limited Gonditional Privilege Nothing in this chapter shall be construed to grant any person obtaining and maintaining Agenda Item No. 06 Page 40 of 53 CC Agenda 10-21-2024
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a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City of Carpinteria identified on the face of the license. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code section 6404.5. Obtaining a tobacco retailer license does not make the retailer a "retailor wholesale tobacco shop" for the purposes of California Labor Code section 6404.b.

8.52.220 Positive ldentification Requirements for Sale of Tobacco Products and Tobacco Paraphernalia
No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 21, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess tobacco products or tobacco paraphernalia.

8.52.230 Minimum Age for Percons Selling Tobacco Products and Tobacco Paraphernalia
No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products or tobacco paraphernalia shall engage in tobacco retailing.

8.52.240 False and Misleading Advertising prohibited
A tobacco retailer without a valid tobacco retailer license, including for example, a tobacco retailer license that has been suspended or revoked, shall not display any advertisement promoting the sale or distribution of tobacco products or tobacco paraphernalia at the tobacco retailer's location and shall keep all such products out of public view.

8.52.250 Compl iance Monitoring
A. Compliance with the tobacco retailer license provisions of this chapter shall be primarily enforced by the Santa Barbara County Sheriff, in conjunction with the Public Health Department. However, any peace officer may enforce the penal provisions of this chapter.

B. The Sheriff will check the compliance of each tobacco retailer one to three times per 12-month period. However, the Sheriff may check the compliance of a tobacco retailer more or less often, depending on a tobacco retailer's compliance history. Nothing in this paragraph shall create a right of action for any tobacco retailer or other person, against the city, county or its agents.

8.52.260 Revocation or Suspension of Tobacco Retailer License and Appeals A. Suspension.

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1. A tobacco retailer license may be suspended if the City finds that the licensee, or an agent or employee thereof, has violated:
a. Any provision of this chapter; or
b. Any state law governing the sale, distribution, advertisement or display of tobacco, tobacco products or tobacco paraphernalia, including, but not limited to, Penal Code section 308(a), Business and Professions Code section 22950 et seq. (Stop Tobacco Access to Kids Enforcement Act (STAKE Ac|), and Business and Professions Code section 25612.5(c)(7).

2. Suspension periods
a. Upon a first finding by the City of a violation of this chapter by a licensee, or an agent or employee thereof, within any five-year period, the license may be suspended for up to 30 days.
b. Upon the second finding by the City of a violation of this chapter by a licensee, or an agent or employee thereof, within any five-year period, the license may be suspended for up to 90 days.
c. Upon the third finding by the City of a violation of this chapter by a licensee, or an agent or employee thereof, within any five-year period, the license may be suspended for up to 12 months. However, if the licensee is operating within 1,000 feet of a school pursuant to section 8.52.150 of this chapter, upon the third finding by the city of a violation by a licensee or by any agent or employee of a licensee within any five-year period the tobacco retailer license may be permanently revoked by the City Council at a public hearing.

B. Revocation

1. A tobacco retailing license may be revoked if the City finds that one or more of the bases for denial exists pursuant to section 8.52.170(4). The revocation shall be without prejudice to the filing of a new application for a license following correction of the conditions that required revocation of the license.

2. On revocation of a license, no part of the money paid to the City as a fee shall be returned.

C. Appeal of Denial, Revocation and/or Suspension. The decision of the City to revoke, suspend, or deny the issuance of a tobacco retailer license can be appealed. All appeals must be in writing and filed with the Community Development Department within ten days of receipt of notice of denial, or within ten days of the effective date of the notice of revocation or suspension of a tobacco retailer license. The City shall set an appeal hearing at the earliest Agenda Item No. 06 Page 42 of 53 CC Agenda 10-21-2024
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practicable time and shall give written notice of the hearing to the parties at least ten days before the date of the hearing. At the hearing any relevant evidence shall be admitted. Within a reasonable time after the conclusion of the hearing, the City shall make a written decision. An appeal shall stay all proceedings untit the appeal is resolved. Any decision rendered by the city shall be a final adm in istrative decision.

D. Settlement in Lieu of Appeal Hearing. For a first or second alleged violation of this chapter within any five-year period, the city may engage in setflement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter, provided that a timely appeal has been filed. Settlements shall not be confidential.

1. After a first alleged violation, any settlement must contain the following minimum terms:
a. suspension of the tobacco retailer license for at reast 15 days; b. A settlement payment tb tne City of at least 1,000 dollars; and c. An admission by the licensee that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

2. After a second alleged violation, any settlement must contain the following minimum terms:
a. suspension of the tobacco retailer license for at least 45 days; b. A settlement payment to the City of at least S,OO0 dollars; and An admission by the licensee that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

8.52.270 Minors-Posting of signs
Any person, business, tobacco retailer, or owner, manager or operator of any establishment that sells tobacco products shall post plainly visible signs at the point of purchase of tobacco products which state:
"The Sale of Tobacco Products to Persons Under 21 Years of Age is Prohibited by Law and Subject to Penalties. To Report an Unlawful Tobacco Sale, Call 1-800-5 ASK-4-|D.

Valid identification may be required."
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Signs must meet the requirements of State law under California Business and Professions Code section 22952. The letters of said signs must be readable by the consumer and must not be altered, covered, or obliterated in whole or in part.

8.52.280 Sale and distribution of tobacco products
It is unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for sale or display for purposes of sale by means of self-service displays or by any means other than vendor-assisted sales, any tobacco products other than cartons of cigarettes, multi-container packages of smokeless tobacco and cigars and pipe tobacco.

Cartons of cigarettes, multi-container packages of smokeless tobacco, and cigars and pipe tobacco may be sold by means of self-service merchandising only when these products are under direct surveillance of a store employee. Tobacco products shall be deemed to be under direct surveillance of an employee only if the tobacco products themselves (and not just the racks, shelves, kiosks, etc., where the products are displayed) are in plain view of the store employee.

8.52.290 Vending machines.

No person, business, tobacco retailer or other establishment located within the city shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance, or use of, on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. This provision shall not apply to vending machines which are located in bars, provided that such vending machines in bars must be located at least 25 feet from any entry into the bar.

8.52.300 Out-of-package sales.

No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.

8.52.310 Enforcement.

The code compliance officer, or any peace officer may enforce the provisions of this chapter.

8.52.320 Gitizen complai nts.

Any citizen who desires to register a complaint under the provisions of this chapter may request the code compliance officer to initiate enforcement. However, for complaints regarding violations of section 8.52.080 (Smoking Prohibited in Multi-Unit Residences), the sole remedy shall be as described in section 8.52.080(F).

8.52.330 Violation-Prem ises.

It shall be unlawful for any person who owns, manages or operates any premises subject to regulations of this chapter to fail to comply with its provisions. No person shall cause, permit, aid, abet or conceal a violation of any provision of this chapter.

8.52.340 Violation-lnd ivid uals.

It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

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8.52.350 Violation-Penalty.
ln addition to any other remedy available at law, violation of any provision of this chapter siall be subject to Chapter 1.06 (Administrative Remedies) and Chapter 1.08 (Penalties) of this Code. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

8.52.360 Separate offense.

A separate offense is committed for each and every day, or part of a day, during which any violation is caused, committed, continued or permitted. Each offenie is punishable separately from every other offense

8.52.370 Public education-Purposes of chapter.

The code compliance officer, in conjunction and coordination with the county health officer of the county of Santa Barbara and, where feasible, appropriate heath or safety oriented community-bas€d brganizations and coalitions, shail engage in a continuing program to explain and clarify the purposes of the provisions of the chapter to citizens affected by it, and to guide business owners, operators and managers in their compliance with it.

8.52.380 Governmental cooperation.

The city manager shall request all governmental and educational agencies which maintain an office within the city to establish local operating procedures to cooperate and comply with this chapter.

8.52.390 Other laws.

The provisions of this chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Further, it is not the intent of the provisions of this chapter to regulate smoking where such regulation has been preempted by the state.

SECTION 3. Severability.

This Chapter and the various sections thereof are severable. Should any part of this ordinance be declared by a court of competent jurisdiction to be unconsiitutional or invalid, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declared that it would have passed and adopted this Ordinance, and each and every provision hereof, irrespective of the fact tha[ one or more provisions may be declared invalid.

SECTION 4. CEQA Exemption
The City Council finds the proposed ordinance amendment to be exempt from CEeA pursuant to State CEQA Guidelines section 15060(cX2) (activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 1S060(c)(3) (the activity is not a project) as defined in section 15378 of the CEQA Guidelines, ' ' ' ' California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, direcfly or indirecfly.

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SECTION 5. Effective Date.

This ordinance shalltake effect and be in force thirty (30) days from and after its passage.

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

AYES: COUNCILMEMBER(S): Lee, Nomura, Solorzano, Alarcon, Clark NOES: COUNCILMEMBER(S): None
ABSENT: COUNCILMEMBER(S): None
ABSTAIN: COUNCILMEMBER(S): None
Mayor, City of Carpinteria
ATTEST:

Brian C. Barrett, , CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regulady introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held July 8, 2024.

Brian C. Barrett, MC, CPMC
City Clerk, City of Carpinteria
APPROVED AS O FORM:

Jena
Hyatt
behalf of Brownstein
rber Sch , LLP acting as
City A rney City of Carpinteria
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Article III - PUBLIC HEALTH AND SAFETY
Chapter 7 SMOKING REGULATIONS
Port Hueneme, California, Code of Ordinances Created: 2024-03-25 14:01:59 [EST] (Supp. No. 33)

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Chapter 7 SMOKING REGULATIONS
3601 Findings and purpose.

The Council does hereby find:
(a) Numerous studies have found that tobacco smoke and the smoke of any other weed or plant is a major contributor to indoor air pollution; and
(b) Reliable studies have shown that breathing secondhand smoke is a significant health hazard for several population groups, including elderly persons, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and
(c) Health hazards induced by breathing second-hand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; and
(d) Nonsmokers who suffer allergies, respiratory diseases, and other ill-effects of breathing second-hand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of such reactions; and
(e) Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment; and (f) Smoking is a potential cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause losses to the businesses; and
(g) Smoking is a danger to health and a cause of material annoyance, inconvenience, discomfort, and health hazards to those who are present in areas exposed to secondhand and/or side-stream smoke; and
(h) Accordingly, the Council finds and declares that the purposes of this ordinance are:
(1) To protect the public health and welfare prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and (2) To strike a reasonable balance between the needs of persons who smoke and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.
(Ord. No. 779, § 2, 5-17-21)
3602 Definitions.

The following words and phrases, whenever used in this Article, shall be used as defined in this section. (a) "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area.

Attachment D
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(b) "Bingo Game Establishments" means the facilities used by organizations operating bingo games pursuant to Sec. 326.5 of the California Penal Code.
(c) "Business" means any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering architectural or other professional services are delivered. (d) "Dining Area" means any area containing a counter or tables upon which meals are served. (e) "Employee" means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.
(f) "Employer" means any person, partnership, corporation, including a public agency or nonprofit entity, who employs more than one (1) employee.
(g) "Enclosed Area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or not solid, "office landscaping" or similar structures.
(h) "Motion Picture Theatre" means any theatre engaged in the business of exhibiting motion pictures. (i) "Non-Profit Entity" means any corporation, unincorporated association or other entity created from charitable, philanthropic, educational, character building, political, social, or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "non-profit entity" within the meaning of this section.
(j) "Open Space" means a natural, undeveloped, and unenclosed area of land owned, used, or maintained by the City, and devoted to habitat, agriculture, or passive recreation and not designated a park by the City.
(k) "Place of Employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways.
(1) A private residence is not a "place of employment" unless it is used as a child care or health facility.
(2) The dining area of a restaurant is not a "place of employment." (l) "Public Place" means any area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theatres and waiting rooms. A private residence is not a "public place."
(m) "Public Park" means any park, reservation, playground, swimming pool, recreation center or any other area in the City, owned or used by the City and devoted to active or passive recreation. (n) "Restaurant" means any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club, including veterans' club, boardinghouse, or guesthouse, which gives or offers for sale food to the public, guests, patrons or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term Agenda Item No. 06 Page 49 of 53 CC Agenda 10-21-2024
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"restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in Section 3402(a).
(o) "Retail Tobacco Store" means a retail store utilized exclusively or the sale of tobacco products and accessories and in which the sale of other products is merely incidental. (p) "Service Line" means any indoor or outdoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. (q) "Smoke" or "Smoking" means the carrying, inhaling, or emitting the fumes or vapors of a lighted or activated pipe, cigar, cigarette, electronic smoking device, or any other lighted or activated smoking product or equipment used to burn any tobacco product, weed, plant, or other combustible substance in any manner or in any form. Smoke does not mean the combustion of material solely for olfactory purposes such as, for example, smoke from incense, that does not contain any tobacco or nicotine, or the emissions from a product specifically approved by the United States Food and Drug Administration for use in mitigating or preventing disease.
(r) "Sports Arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events. (Ord. No. 779, § 2, 5-17-21)
3603 Application of this Article to City-owned facilities.

All enclosed facilities owned, leased, or controlled by the City of Port Hueneme shall be subject to the provisions of this Article.
(Ord. No. 779, § 2, 5-17-21)
3604 Prohibition of smoking in public places.
(a) Smoking shall be prohibited in public places within the City, including, but not limited to, the following places, and with the following exceptions:
(1) Elevators.
(2) Buses, taxicabs, and other means of public transit under the authority of the City of Port Hueneme, and ticket, boarding, and waiting areas of public transit depots. This prohibition does not prevent a business or other entity from establishing separate waiting areas for smokers and nonsmokers in compliance with this Chapter.
(3) Restrooms.
(4) Service lines.
(5) Retail stores, except areas in said stores not open to the public and all areas within retail tobacco stores.
(6) All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including but not limited to, professional offices and other offices and banks.
(7) Restaurants, including outdoor seating areas, whether or not in private clubs. (8) Galleries, libraries, and museums.

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(9) Any building, open to the sky, which is primarily used for, or designed for the primary purpose of exhibiting any motion picture, stage, drama, lecture, musical recital, or other similar performance, except when smoking is a part of the stage production.
(10) Indoor and outdoor sports arenas and health and fitness clubs, auditoriums, and entertainment centers.
(11) Every room, chamber, place of meeting or public assembly including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies or the City or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City.
(12) All indoor and outdoor reception and/or waiting areas. (13) Polling places.
(14) Retail food marketing establishments, including, but not limited to, grocery stores, supermarkets, and farmer's markets.
(15) Beauty and personal care salons and barber shops.
(16) Laundromats.
(17) Common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and dormitories.
(18) Not less than eighty (80) percent of units and all common areas of hotel and motel facilities. (19) Any public park, public garden or open space owned by the City. (20) Inside all facilities owned, leased, or controlled by the City. (b) Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment or facility described in this section may declare that entire establishment or facility as a nonsmoking establishment.
(Ord. No. 779, § 2, 5-17-21)
3605 Regulation of smoking in places of employment.

All employers shall comply with State law regarding smoking or vaping in enclosed spaces in places of employment, which explicitly preempt local regulation on the subject. (Ord. No. 779, § 2, 5-17-21)
3606 Where smoking not regulated.
(a) Notwithstanding any other provision of this Article to the contrary, the following areas shall not be subject to the smoking restrictions in this Article:
(1) Private residences, except when used as a childcare or health care facility. (2) Retail and wholesale tobacco shops in conformity with State law. (Ord. No. 779, § 2, 5-17-21)
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3607 Posting of signs.
(a) "Smoking" or "No Smoking" signs, whichever are appropriate shall be clearly and conspicuously posted in every building or other place where smoking is regulated by this Article, by the owner, operator-manager, or other person having control of such building or other places. Such signs shall have letters of not less than one (1) inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). (b) Every theatre owner, manager, or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theatre or auditorium, and in the case of motion picture theatres, such information shall be shown upon the screen for at least five (5) seconds prior to the showing of each feature motion picture.
(c) Every restaurant shall have posted at every public entrance a conspicuous sign clearly stating that smoking prohibited.
(Ord. No. 779, § 2, 5-17-21)
3608 Enforcement.

Enforcement of this Article shall be in accordance with the policies and procedures of Article I of the Municipal Code of the City of Port Hueneme.
(Ord. No. 779, § 2, 5-17-21)
3609 Violations and penalties.
(a) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Article.
(b) Any person who violates any provision of this Article shall be subject to a criminal prosecution or administrative citation in accordance with Article I of this Code. (c) Penalties for violations of this Article shall be consistent with Section 1102 of Article I of this Code. (Ord. No. 779, § 2, 5-17-21)
3610 Exemptions
(a) Any person, owner, or manager of a property or other establishment that is subject to this Article may apply to the City Manager or his or her designee for an exemption or modification to any of the provisions of this Article due to unusual circumstances or conditions. A person, owner, or manager must make an affirmative showing in writing that any exemption would not be injurious to public health, welfare, or safety and would further legitimate business or personal interests by clear and convincing evidence. (b) If such application for exemption from any provision of this Article is denied by the City Manager or his or her designee, the applicant may appeal the City Manager's decision to the City Council in writing within ten (10) days of the issuance of decision. The burden of proof will be on the applicant that the City Manager's decisions was not based upon substantial evidence, was arbitrary or capricious, and not in accordance with this Code.
(c) The applicant for an exemption shall be required to pay a reasonable fee to cover costs and expenses of any hearing, as set forth in the City's most current fee schedule set by City Council resolution.

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(Ord. No. 779, § 2, 5-17-21)
3611 Other applicable laws.

This Article shall not be interpreted or construed to permit smoking or vaping where it is otherwise restricted by any other applicable law or regulation.
(Ord. No. 779, § 2, 5-17-21)
Agenda Item No. 06 Page 53 of 53 CC Agenda 10-21-2024
DATE: October 21, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Charles Peretz, Deputy City Manager
SUBJECT: 2024 Hueneme Beach Festival Summary and Plan for 2025 RECOMMENDATION:

It is recommended that the City Council:

1. Receive an informational report about the event details associated with the 2024 Hueneme Beach Festival; and

2. Authorize staff to plan the 2025 Hueneme Beach Festival under the current structure to be held on Saturday July 12 and Sunday July 13, 2025.

BACKGROUND/ANALYSIS:

Event Overview
When the HBF returned from hiatus in 2021, the City contracted with Recreation, Education, Activities and Culture in Hueneme (REACH), a local non-profit organization, to coordinate and execute the event. The event included activities such as live music (main and secondary stages), food concessions including the sale of wine, beer and various food choices, carnival rides, chalk art, arts and craft vendors, and informational booths. Following the event last year, residents, Citizen Advisory Commissioners, staff and City Council each identified opportunities for improvements such as reducing the impacts of the festival (such as road closures) on residents, and focusing the event on benefitting local non-profits and youth, while limiting expenses associated with the event.

For that reason, some modifications were made for HBF this year, and for the first time since the return of HBF, a City staff committee partnered with the Police Explorer’s to operate the event “in-house.” This year’s 2-day event was held September 7 and 8, 2024 and provided entertainment and recreational opportunities to thousands of residents and visitors. Additionally, as approved by City Council, this year had a new footprint that was focused on minimizing the negative impacts to residents and streets, and the event enhanced its focus on local youth, non-profits and community. The new event site plan provides an illustration of activity locations (Attachment A).

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HBF Wrap Up and Plan for 2025
October 21, 2024

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Under the prior event format, costs had increased and resulted in event organizers proposing a need to charge for event admission and/or parking in 2023. A major goal of this year’s (2024) festival was to develop a festival strategy and format that would keep free event admission and parking to be inclusive of all community members, and the City was able to accomplish that while rebuilding relationships with community partners and businesses, and also balancing the event budget to ensure the festival is sustainable into the future.

Event Budget Summary
Attachment B includes an event budget summary. A high-level summary of the event budget is as follows:
2023 Actuals 2024 Actuals
Income* $219,891 $179,836
Expenses* $290,845 $151,771
Surplus or (Deficit) $(70,954) $28,065
*Note – Totals include City Sponsorship Contribution
The above does not include the estimated costs for usage of budgeted staff time. Usage of budgeted staff time increased slightly this year due to being a staff led event, from approximately $27,139 (in 2023), to approximately $27,648 in 2024.

It is important to note that two primary reasons revenue was reduced from prior year is because of staff’s focus on reducing costs for participants and attendees. As noted, parking was free for attendees this year. Also, based on feedback from local vendors and non-profits regarding high costs in the past, the fees were reduced for participants to encourage their participation. The feedback was very positive from these vendors and non-profits – many had expressed frustration in the past and stated they would not participate initially this year, but after receiving information about reduced fees many expressed a desire to continue to participate in future Beach Fest events.

An additional benefit of this year’s event management structure is that youth Police Explorer’s were involved with many aspects of the event, and the City Council approved a $25,000 donation to the Police Explorer’s, which can be funded from the event surplus and will not require any additional funding from the City.

Holding an event that was well-received by the community, while reducing impacts to neighboring residents, while also benefitting local non-profits and youth and balancing the budget is a significant accomplishment. The City would like to highlight the efforts of the Police Explorers, the City Staff Committee (including Frank Montelongo, Michelle Gutierrez, Blanca Smith, Veronica Montelongo, Jose Coyotl, Mayra Rodriguez, Henry Montelongo, Rick Cervantes, Chris Bates, and Ryan Bates) and many other employees who contributed efforts to the event.

In addition to better balancing revenues to expenses, the City also made progress on several other goals identified by the Citizen Advisory Commission and approved by the City Council.

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Citizen Advisory Commission Recommendations
On September 5, 2023, the City Council approved a list of topic areas appropriate for Citizen Advisory Commission (CAC) review which included the review of City sponsored large-scale events. During its discussion, the City Council specifically noted its interest in having CAC review a 2023 Hueneme Beach Festival (HBF) wrap up report before its presentation to City Council.

On October 9, 2023, the Citizen Advisory Commission received a report and presentation regarding the Hueneme Beach Festival. The report provided a summary of the finances and activities associated with the 2023 HBF and afforded CAC the opportunity to offer the City Council recommendations regarding the 2024 event.

The November 13, 2023 CAC meeting included consideration of additional public input and further discussion amongst the commissioners. At the conclusion of the item, CAC recommended that the City Council provide direction to incorporate the below concepts in the planning and management of the 2024 HBF. City staff made significant progress in implementing most of these recommendations as noted in italics below:
• Engage Non-Profit Partners and Enhance Involvement of Community Groups (The City lowered fees for non-profit partners to encourage participation, sought out additional non-profit partners, and coordinated activities with community groups such as Oxnard Union High School District Bands, Port Hueneme Little League food booth, and others.)
• Increase Utilization of Hueneme Beach with Beach-Based Activities (The City added the first Beach Wrestling event and provided better access to Hueneme Beach from the Festival.
• Overall Focus on Port Hueneme Community (Events including the local Port Hueneme Community were added and activities and entertainment focused on the Port Hueneme Community were included).
• Account for Financial Impact and Seek to Make Event Self-Sustaining (Significant effort was put in place to better manage costs and resulted in a balanced budget with some surplus for future Beach Fest events.
• Avoid Conflicts with VC Fair & VC Pride Events (Event was coordinated to avoid conflicts with other local events, including VC Fair and VC Pride Events, and new date avoided conflict with Cornhole Throwdown). For future years, staff is recommending a new date (see below) which is intended to avoid conflict with these events and provide more buffer between Beach Festival and Banana Festival. • Regional Draw to Maximize Attendance (Staff obtained coverage in VC Star, VC Reporter, and via local radio stations to ensure regional draw. Additionally, tour buses from as far as Inland Empire were identified at the event, resulting in significant number of visitors)
• Retain Cannabis Presence at Event (Although “cannabis cove” was eliminated, staff worked with cannabis businesses interested in participating to ensure the presence remained and received positive feedback)
• Reduce to a 1-Day Event (Although staff initially agreed with this recommendation, it became quickly apparent that the reduction to a one day event would have Agenda Item No. 07 Page 3 of 10 CC Agenda 10-21-2024
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resulted in significant loss of vendors which would have had a negative impact on all aspects of the event. Staff recommends continuing as a 2-day event at this time). • Incorporate Sports Activities, e.g. Basketball, Surf, Volleyball and/or Triathlon Volleyball and Soccer were not available on this year’s dates, however Beach Wrestling was incorporated as a sports activity. If dates are selected in advance this year, more sports may be able to be incorporated.
• Incorporate Navy, Chumash, and Community Group Activities (Due to change of command occurring during event preparations, Navy was not able to be formally incorporated this year. However, many local group communities, and military families participated. If dates are selected in advance this year, staff will work as early as possible to obtain Navy and Chumash Tribal Council participation this year. • Youth involvement (Significant Youth Involvement was developed, including Beach Wrestling event, High School Marching Band Showcase, Police Explorers, and many others.)
• Include Resources Serving the Community, e.g. Ventura County Agencies (Due to short timeframe this is an area that staff will focus on for this coming year, as well as reaching out to more Port Hueneme businesses and vendors that have not historically participated.)
• Increase Event Sponsorships (Many event sponsors were unsatisfied in prior years – however staff spent significant effort reengaging event sponsors and restored many prior event sponsors. As noted above, staff will focus on reaching out to additional sponsors for this coming year.)
• The CAC’s feedback indicated an event with a smaller, more locally focused footprint may be desired. (Significant effort was focused on making the event successful but with a smaller, less impactful and more locally focused footprint.) Citizen Advisory Commission Meeting of October 14, 2024 At their October 14, 2024 meeting, CAC received a presentation which summarized the 2024 HBF and explained the proposed approach to plan and execute the 2025 event.

The presentation covered event management, objectives, physical footprint and finances.

Commissioner’s comments included consideration of a tennis tournament, event dates in the spring and the incorporation of activities such as those recently coordinated by the Recreation and Community Services Division, e.g. Kite Flying and activities within the Fun Run event. CAC voted unanimously to recommend that the City Council authorize staff to begin planning the next Hueneme Beach Festival under the current structure with event dates of Saturday, July 12 and Sunday 13, 2025.

Moving Forward
Typically, the first year of doing a new event or layout is the most challenging. Many items had to be “re-thought” or created from scratch due to the transition from prior event organizers. These items are now in place and available for future years. One example is the Hueneme Beach Festival website, which was not available and had to be re-built from scratch. It took significant effort this year and caused timing challenges, but staff was able to re-build the website and it is now available for future year events without any delay.

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Additionally, the timeframe to plan the event was fairly short last year due to the change in event organizers. Staff recommends that City Council authorize staff and the Police Explorer’s to begin planning the event next year, with the same structure in place, beginning immediately. Finally, staff recommends that the City Council agree to set the dates for the event as Saturday July 12 and Sunday July 13, 2025. By setting the event date now and planning early, staff will have more time for proactive outreach and coordination and can continue to work towards the goals identified by the CAC and the City Council.

FISCAL IMPACT:

The 2024 HBF is estimated to result in a $28,065 surplus, which is recommended to be used for the Council-approved $25,000 donation to the Police Explorers.

STRATEGIC PLAN:

Primary Strategic Pillars and Initiatives:

Optimal Levels of Service for Residents and Businesses
• Support and establish programs and events that created a strong sense of community pride and a connection to our history and heritage ATTACHMENTS:

A. Site Plan for 2024 Hueneme Beach Festival
B. 2024 HBF Budget Summary
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25' 30' SPONSOR BOOTH CITY BOOTH FOOD BOOTH OR TRUCK PAID BOOTH NON-PROFIT BOOTH FIRST AID MAIN STAGE ALCOHOL SALES CARNIVAL AREA ALCOHOL BOOTH ENTERTAINMENT RESTRICTED AREA RESTRICTED AREA SAND CASTLE CONTEST SUN. 8TH WRESTLING CONTEST SAT. 7TH ENTRANCE MAIN STAGE FOOD COURT RESTROOM ATM TABLES FOOD BOOTHS FOOD TRUCKS FESTIVAL STAGE FOOD BOOTH ENTERTAINER'S REST & EQUIPMENT AREA HUENEME BEACH FESTIVAL LAYOUTAttachment A Agenda Item No. 07 Page 7 of 10 CC Agenda 10-21-2024
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INCOME 2023 Actuals 2024 Actuals
Concessions, Parking & ATMs:

Subtotal: $ 52,402.02 $41,274
Food & Commercial Vendors
Subtotal: $ 42,939.00 $17,625
Sponsorship:

Sub-total $ 124,550.00 $120,937.00
TOTAL INCOME $ 219,891.02 $179,836

EXPENSES
Administration & Overhead:

Subtotal: $ 86,607.81 $40,129
Advertising & Marketing:

Subtotal: $ 52,956.77 $5,636.00
Vendors, Concessions & Related Costs
Subtotal: $ 17,623.86 $9,579.34
Entertainment & Attractions
Subtotal: $ 39,481.87 $ 44,575.81
Site Contractors; Equipment Rental & Services
Subtotal: $ 65,841.47 $ 33,192.09
Site Logistics & Services
Subtotal: $ 9,792.45 $2,562.00
Parking & Security
Subtotal: $ 18,541.00 $16,098.20
TOTAL EXPENSES $ 290,845.23 $ 151,771.99
TOTAL INCOME $ 219,891.02 $ 179,836.00
SURPLUS OR (DEFICIT) $ (70,954.21) $ 28,064.01
*Net of REACH 10% Admin Fee
Hueneme Beach Festival 2023 Actuals vs 2024 Actuals
Attachment B
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Agenda Item No. 07 Page 10 of 10 CC Agenda 10-21-2024
DATE: October 21, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Anna Hanely, Recreation and Community Services Manager
SUBJECT: WAIVER OF FEES ASSOCIATED WITH ORVENE S. CARPENTER USE

OF COMMUNITY CENTER AUDITORIUM FOR ONE-HUNDREDTH

BIRTHDAY CELEBRATION
RECOMMENDATION:

It is recommended that City Council adopt a resolution waiving fees associated with Orvene S. Carpenter’s use of the auditorium at the Orvene S. Carpenter Community Center on Friday, January 31, 2025 from 2:00 p.m. to 7:00 p.m. to hold a private event celebrating his one hundredth birthday.

BACKGROUND/ANALYSIS:

At the October 7, 2024 City Council meeting, Councilmember Gama made a motion, seconded by Councilmember Martinez, which was subsequently approved by the entire City Council, to place an item on a future agenda to consider waiving fees associated with the use of the Orvene S. Carpenter Community Center as the venue for Mr.

Carpenter’s 100th Birthday.

Orvene Carpenter, who is the Community Center’s namesake since August of 1991, is the longest-serving Port Hueneme Council member of 32 years (1964-1996), former Mayor, served in the United States Marines during WWII (1943-1945), served in the United States Army during the Korean War from 1950-1952 and retired from the United States Post Office as Postmaster after serving as Postmaster in both Port Hueneme (1968-1975) and Oxnard (1975-1986).

Pursuant to the Council action on October 7, staff reached out to Mr. Carpenter’s family to obtain information related to the desired request from the Carpenter family: They have requested to hold a private birthday celebration on Friday, January 31st, and are seeking the City’s support in waiving rental fees for use of the Community Center. The facility is available that day, and this request can be accommodated with only minor impacts related to it being held within normal business hours, closing the facility for the private rental will result in the following impacts: change of egress and ingress for the Agenda Item No. 08 Page 1 of 4 CC Agenda 10-21-2024
Orvene Carpenter– Waiver of Rental Fees
October 21, 2024

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Bridge Program operating in Classroom C, limitations to courtyard access for the Boys and Girls Club Teen Center operation, and after-hours custodial duties for the Facilities Division in order to restore the facility before the following days existing rental reservation.

FISCAL IMPACT:

This item does not require an expenditure of City funds. If approved, reservation fees of $2,205, the application fee of $32 and a refundable security deposit of $500 would be waived.

STRATEGIC PLAN:

Primary Strategic Pillar(s) and Initiative(s):

A. Resolution
Agenda Item No. 08 Page 2 of 4 CC Agenda 10-21-2024
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, WAIVING FEES ASSOCIATED WITH ORVENE S.

CARPENTER’S USE OF THE ORVENE S. CARPENTER COMMUNITY
CENTER
WHEREAS, Orvene S. Carpenter is the longest serving Port Hueneme Council member, veteran, retired Postmaster and the building’s namesake; and WHEREAS, the City Community Center provides a venue suitable for meetings, events, and activities that support community enrichment and engagement; and WHEREAS, Orvene S. Carpenter has submitted a request to host a private onehundredth birthday celebration event at the City Community Center on January 31, 2025; and WHEREAS, waiving fees for the use of the City Community Center by Orvene S.

Carpenter demonstrates the City’s support for community members contributions to public service and promotes a strong sense of community pride.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1: The City Council of Port Hueneme hereby authorizes all fees associated with the Orvene S. Carpenter’s use of the City Community Center January 31, 2025 to be waived.

SECTION 2: The City Council of Port Hueneme authorizes the City Manager to execute all necessary agreement, contracts or permits as may be required for this event.

SECTION 3: This Resolution shall take effect immediately upon its passage.

SECTION 4: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED, this 21st day of October, 2024.

Misty Perez, Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
Attachment A
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CC Resolution No. ___, Page 2 of 2

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.

CITY OF PORT HUENEME )
I, Georgianna Nicole Alvarez, City Clerk of the City of Port Hueneme, California, do hereby certify that the foregoing Resolution No. ____ was duly adopted at the regular meeting of the City Council on the 21st day of October, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 08 Page 4 of 4 CC Agenda 10-21-2024
DATE: October 21, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Brian Popovich, City Manager’s Administrative Analyst
SUBJECT: CHANNEL ISLANDS HARBOR DREDGING PROJECT UPDATE RECOMMENDATION:

It is recommended that City Council receive an update on the Channel Islands Harbor dredging project, which impacts Hueneme Beach and expressly authorize the Mayor to sign letters on behalf of the City Council to highlight the significance of this project to State and Federal representatives.

BACKGROUND/ANALYSIS:

The following is background information related to the history of the dredging project:

Congressionally authorized dredging to re-nourish Hueneme Beach started in the 1960’s in order to remedy the negative impacts on regional sand transport and Hueneme Beach resulting from the construction of Naval Base Ventura Harbor. The dredging project is vital to Hueneme Beach, but also to Channel Islands Harbor, the Port of Hueneme and Navy Base Ventura County. With insufficient dredging in the past, the City of Port Hueneme saw major beach loss and threats of undermining public access and public infrastructure.

The goal of the County of Ventura is to dredge a minimum of 2.2 million cubic yards biannually. Over the past three dredging cycles, the total sand has been 2.4 million (2023); 1.9 million (2021); and 1.6 million (2019) cubic yards.

At the April 15, 2024 City Council Meeting, the City Council received a report on the City’s dredging project and authorized staff to collaborate with key partners, such as the Port, Harbor, Army Corps of Engineers, United States Navy, BEACON, and other advocates for the project. At that time, the City and its partners on this project had become aware of funding challenges for the project. The City and its partners spent significant effort to ensure that the funding challenges for the project were resolved. However, a new challenge has arisen in recent months.

Agenda Item No. 09 Page 1 of 4 CC Agenda 10-21-2024
Dredging Project Update
October 21, 2024

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Recently, the City, Port, and Harbor were informed of delays to the dredging project due to changes made in the state’s section 401 permit process, which involves the State Water Quality Control Board and the US Army Corps of Engineers. In response, the City, Port, and the Harbor have been urgently reaching out to state and federal elected representatives to bring attention to the issue. This has led to several meetings in recent weeks with representatives from the Army Corps of Engineers, Congresspersons, and others to address the matter. The City has now been notified that the Army Corps of Engineers expects to issue the project solicitation this week. However, efforts are ongoing to ensure the solicitation process remains on track. The City, Port, and Channel Islands Harbor are continuing to partner to encourage the State Water Quality Control Board and the US Army Corps of Engineers to resolve their permitting issues and move the project forward in a timeframe that will allow for the full dredge project to proceed.

Staff has submitted several letters to state and federal representatives on behalf of the City. At this time, staff recommends that the City Council expressly authorize the Mayor to sign letters in support of the dredging project to reiterate the importance of this project.

FISCAL IMPACT:

Advocating for the dredging project has required more staff time than initially estimated due to these additional challenges that have arisen at the state and federal levels, estimated at 80 hours of staff time. No additional fiscal impact is anticipated at this time.

Updates will be provided as information becomes available.

STRATEGIC PLAN:

Primary Strategic Pillar(s) and Initiative(s):

Safe, Secure, & Beautiful Community
• Actively support on-going beach preservation efforts and funding for prevention of erosion
Strategic Partnerships
• Establish a mechanism for engagement, information sharing, dialogue and ongoing cooperative decision-making with key stakeholders ATTACHMENTS:

A. Letter on behalf of City Council Requesting Assistance to Resolve a Permitting Issue and Prioritize the Channel Islands Harbor Project Agenda Item No. 09 Page 2 of 4 CC Agenda 10-21-2024
250 N Ventura Road, Port Hueneme, CA 93041 │ 805-986-6500 │cityofporthueneme.org

October 21, 2024
Lieutenant General Scott A. Spellmon
Chief of Engineers and Commanding
General
U.S. Army Corps of Engineers
441 G Street NW
Washington, DC 20314-1000
The Honorable Michael L. Connor
Assistant Secretary of the Army for Civil
Works
U.S. Army Corps of Engineers
441 G Street NW
Washington, DC 20314-1000
The Honorable Yana Garcia
Secretary for Environmental Protection
California Environmental Protection
Agency
1001 I Street
Sacramento, CA 95812-2815
The Honorable E. Joaquin Esquivel
Board Chair
California State Water Resources
Control Board
1001 I Street
Sacramento, CA 95812-0100
Col. James J. Handura
Commander and Division Engineer – South Pacific Division U.S. Army Corps of Engineers
450 Golden Gate Ave., 6th Floor
San Francisco, CA 94102-3406
Re: Channel Islands Dredging Project
Dear Lieutenant General Spellmon, Assistant Secretary Connor, Secretary Garcia, and Chairman Esquivel,
We, the City Council of Port Hueneme, are writing to urgently request your assistance in resolving a permitting issue that is delaying a critical U.S. Army Corps of Engineers dredging project at Channel Islands Harbor, a project essential to replenishing the shoreline and protecting the beaches down the coast of the Port of Hueneme. We also request that every effort be made to expedite this project to keep it on track to ensure the appropriate amount of sand is dredged.

As we understand, discussions between the U.S. Army Corps of Engineers and the California State Water Resources Control Board regarding modifications to the state’s Section 401 permit process have caused delays to dredging projects along the coast.

These delays are particularly concerning as dredging in Ventura County must adhere to Attachment A
Agenda Item No. 09 Page 3 of 4 CC Agenda 10-21-2024
Channel Islands Harbor Dredge Project

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250 N Ventura Road, Port Hueneme, CA 93041 │ 805-986-6500 │cityofporthueneme.org a strict environmental timeline, related to the migration and nesting schedules of endangered species. Although we appreciate all efforts to resolve this matter, we also understand that additional effort may be necessary to ensure the project remains on track and does not get delayed. We ask for your help to provide that additional effort due to the vital nature of this project.

As we understand, the Corps has not yet completed the bidding process for this project.

Dredging at Channel Islands Harbor/City of Port Hueneme must begin by October 31, 2024, to allow sufficient time to remove the 2.5 million cubic yards of sand from Channel Islands project before moving on to other locations such as Ventura Harbor and Oceanside. Failure to complete this dredging will result in severe erosion down coast, putting vital infrastructure and homes in the City of Port Hueneme, as well as Naval Base Ventura County, at significant risk. Projected winter storms will only compound the potential damage.

We respectfully urge you to address this matter with the utmost urgency to ensure these essential dredging projects can proceed without further delay.

Thank you for your immediate attention to this critical issue. We look forward to working together to secure timely progress on these vital projects.

Sincerely,
Misty Perez
Mayor of Port Hueneme, on behalf of the City Council
Agenda Item No. 09 Page 4 of 4 CC Agenda 10-21-2024

Port Hueneme City CouncilOctober 21, 2024

Port Hueneme City Council
October 21, 2024