AGREEMENT FOR SUMMER CAMP PROGRAM SERVICES BETWEEN
THE CITY OF SANTA PAULA AND
THE SANTA PAULA UNIFIED SCHOOL DISTRICT
This AGREEMENT is entered into this 1st day of April, 2022, by and between the CITY OF SANTA PAULA, a municipal corporation and general law city ("CITY") and the SANTA PAULA UNIFIED SCHOOL DISTRICT, a public school district organized pursuant to provisions of the California Education Code ("DISTRICT"). l. RECITALS. This Agreement is entered into with reference to the following facts and objectives:
A. The CITY and DISTRICT believe it is a benefit to the community to share resources and facilities in order to better serve the youth and offer a comprehensive summer enrichment and recreation program.
B. The CITY and DISTRICT (collectively, the “Parties”) agree to collaborate by offering Enrichment, STEM and Recreation programs and activities for elementary school participants during the traditional summer school / camp months of June, July and August. The primary locations for these programs and activities will be Barbara Webster Elementary School and Glenn City Elementary School.
C. The Parties believe it is in the public interest to enter into this Agreement.
2. CITY'S RESPONSIBILITIES.
The CITY will have the primary responsibility for coordinating recreation and enrichment programming and activities from 12pm-5pm during the Santa Paula Unified School District Summer School Program and from 8am5pm for the two-week period immediately following the end of the Summer School Program. The programs will take place on DISTRICT property at Barbara Webster Elementary School and Glenn City Elementary School.
Programs and activities will consist of various crafts, guest speakers, enrichment and STEM activities, outdoor recreation and sports and field trips.
B. CITY will ensure that during program hours they are staffed appropriately at no less than a 1:20 ratio (1 staff; 20 students).
C. The CITY will provide a staff orientation and training for all staff, including DISTRICT staff that will be working during weeks 7-8. The orientation and 316
training will take place the week prior to the beginning of summer programs.
D. The CITY will be responsible for ordering all supplies and equipment needed for the afternoon program and will coordinate all field trips.
E. CITY will ensure program oversight at the two school sites by staffing one (1) Recreation Leader III and two (2) Recreation Leader II. In addition, CITY will provide a Recreation Coordinator to provide program planning and oversite.
F. CITY will invoice the DISTRICT by the 15th day of each month for the staff services for the previous month.
G. The CITY will make the staff available during normal summer program hours. See EXHIBIT A for summer schedule of program dates and times.
3. DISTRICT'S RESPONSIBILITIES.
A. Any DISTRICT staff that will be working during the hours during which recreation and enrichment programs and activities must attend the CITY orientation and training the week prior to the Summer Program.
B. The DISTRICT will provide access to Barbara Webster Elementary School and Glenn City Elementary Schools, and any facilities necessary to provide summer programming for up to 400 students (200 at each designated school site).
C. The DISTRICT will be responsible for providing all snacks and lunch to students during the eight (8) week program.
D. DISTRICT will reimburse the CITY for the Salary and Benefits of all summer Recreation Leaders (up to twenty-six seasonal Recreation Leaders, two Recreation Leaders II, one Recreation Leader III and one Recreation Coordinator (only for Coordinator’s time spent planning and overseeing summer camp programs). The District is responsible for the fully burdened hourly rate for each employee. Estimated staff costs for the summer program is $227,026.00.
E. DISTRICT will reimburse the CITY for “Summer Camp Incentive Pay” that will be available for all Summer Camp Staff that complete the summer program. The incentive pay will be a one-time payment to each employee in the amount of $750.
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F. The DISTRICT is responsible for all costs associated with summer camp programming, including supplies, equipment, transportation, field trips, and presentations. Estimated costs for all associated costs is $96,550. See EXHIBIT A.
G. Any extra duties the DISTRICT requests of CITY staff will be at a rate of $130 for full-time staff and $45 per hour for part-time staff.
H. The CITY will invoice the DISTRICT in July, August and September 2022. The District will pay the invoice within thirty days (30) of the receipt.
I. In the event of any question or dispute on the amount, DISTRICT will notify the CITY within fifteen days of receipt of invoice, and CITY will respond within fifteen days of the receipt of the inquiry to the DISTRICT contact as in 14, below.
3. PUBLIC RECORDS ACT. The Parties acknowledge that they are public entities subject to the Public Records Act (Government Code §§ 6250-6276.48) and that this Agreement, and documents ancillary to this Agreement, must generally be disclosed upon request. However, the Parties agree that student records are specifically excluded from disclosure under Government Code §§ 6254(c), 6254(k), 6276.40 and 6276.42.
Accordingly, the Parties agree that such records will not be released except as otherwise provided by law.
4. TERM. The initial term of this Agreement will be from June 1, 2022, to August 30, 2022, unless terminated earlier pursuant to Section 5 of this Agreement.
5. TERMINATION. Except as otherwise provided, the Parties may terminate this Agreement at any time with or without cause. DISTRICT will pay CITY on a pro-rated basis for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that were not previously reimbursed up to the date of termination. CITY will provide all necessary documentation of services rendered to the District including but not limited to: time sheets for City full time and part time staff, logs or service records for educational or tobacco enforcement activities, and any documents needed as verification of service.
6. OWNERSHIP OF DOCUMENTS. All documents, data, studies, and reports prepared by DISTRICT relating to this Agreement are DISTRICT’S property. DISTRICT will provide copies of said documents and materials to the CITY as requested, but will retain all original materials.
7. INDEMNIFICATION.
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A. DISTRICT shall be responsible for all damages to persons or property that occur as a result of DISTRICT or its officers, agents, employees, independent contractors, and volunteers’ fault or negligence in connection with DISTRICT’S participation in the Summer Program. Further, DISTRICT shall indemnify and save harmless the CITY, its officers, agents, employees, independent contractors, and volunteers from all claims, suits, or actions of every name, kind, description, brought for, or on account of, injuries to or death of any person or damage to property arising from or related to the fault or negligence of DISTRICT, its officers, agents, employees, independent contractors, and volunteers in connection with the Summer Program.
CITY shall indemnify and save harmless DISTRICT, its officers, agents, employees, independent contractors, and volunteers from all claims, suits, or actions of every name, kind, description, brought for, or on account of, injuries to or death of any person or damage to property arising from or related to the fault or negligence of the CITY, its officers, agents, employees, independent contractors, and volunteers in connection with the Summer Program.
B. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
8. INSURANCE.
Each Party may utilize a program of self-insurance to meet the insurance requirements of this Agreement.
9. ASSIGNABILITY. DISTRICT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void.
10. AUDIT OF RECORDS. Both the CITY and DISTRICT will maintain full and accurate records with respect to all services and matters covered under this Agreement.
Both will have access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. Both the CITY and DISTRICT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
11. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to DISTRICT: If to CITY:
Superintendent City Manager
Santa Paula Unified School District City of Santa Paula 319
201 South Steckel Drive P.O. Box 569
Santa Paula, CA 93060 Santa Paula, CA 93061-
0569
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
12. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.
13. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties.
There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
14. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
15. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
19. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY.
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 320
21. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed WILL irrespective of the date of its execution of delivery be deemed an original, and all such counterparts together constitute one and the same instrument.
22. CITY COUNCIL APPROVAL. This Agreement is subject to and conditioned upon approval and ratification by the Santa Paula City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.
23. SCHOOL DISTRICT GOVERNING BOARD APPROVAL. This Agreement is subject to and conditioned upon approval and ratification by the Governing Board of Trustees of the Santa Paula Unified School District. This Agreement is not binding upon the DISTRICT until executed by the appropriate DISTRICT official, acting in the authorized capacity.
24. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
25. STATEMENT OF EXPERIENCE. By executing this Agreement, DISTRICT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. DISTRICT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that DISTRICT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
26. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
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CITY OF SANTA PAULA SANTA PAULA UNIFIED SCHOOL DISTRICT _________________________ _________________________________________ Jenny Crosswhite
MAYOR SUPERINTENDENT
ATTEST:
__________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
________________________
John C. Cotti, City Attorney
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EXHIBIT A
Days & Hours of Operation
1. Summer School / Summer Camp Dates of Operation:
• Session 1: June 13, 2022 – July 1, 2022
o 8am-12pm Summer School; 12pm-5pm Summer Camp
o June 13, 2022, 8am-5pm Summer Camp
• Session 2: July 5, 2022 – July 22, 2022
o 8am-12pm Summer School; 12pm-5pm Summer Camp
o July 5th, 2022, 8am-5pm Summer Camp
• Session 3: July 25, 2022 – August 5, 2022
o 8am-5pm Summer Camp
2. Holidays
• June 20, 2022, Juneteenth NO SUMMER SCHOOL / SUMMER CAMP • July 4th, 2022, 4th of July NO SUMMER SCHOOL / SUMMER CAMP 323
EXHIBIT B
Summer Camp Budget
June - August 2022
Personnel
Seasonal Recreation Leader I Week 1-8 26 Staff @ 30 hours per week (plus training hours and fringe benefits) $ 145,080.00 310 hours each
Recreation Leader II (Site Lead) Week 1-8 2 staff @ 30 hours per week (plus training hours and fringe benefits) $ 12,306.00 310 hours each
Recreation Leader III (Summer Program / Camp Coordinator) Week 1-8 1 staff @ 30 hours per week (plus planning, training and fringe benefits) $ 8,890.00 400 hours
Summer Incentive Pay $750 per staff x 29 $ 21,750.00
Parks & Recreation Full-Time Staff Hours Approximately 300 hours planning, training, and administering summer program $ 39,000.00 Staffing Total $ 227,026.00
Field Trips / Educational Special Guests
Transportation to Field Trips Santa Barbara Zoo & Lake Casitas for 400 kids $ 23,000.00 Field Trips Admission Fees Lake Casitas $ 7,500.00
Santa Barbara Zoo $ 7,500.00
Santa Paula Pool $ -
Educational Special Guests Mad Science Show $ 3,500.00
Reptacular Animal Show $ 1,750.00
FFA Petting Zoo $ -
Field Trip Total $ 43,250.00
Supplies
Camper Shirts 400 students $ 4,000.00
Staff Shirts 29 staff $ 2,800.00
Equipment (one time purchase with District approval) $ 15,000.00 Supplies & Equipment $65 per child x 400 kids = $ 26,000.00 Special Snacks (Chips, Otter pops, Ice cream and etc) $ 2,000.00 End of Summer Fiesta (Jolly jumpers, food, games and activities) $ 3,500.00 Supplies Total $ 53,300.00
Overall Summer Camp Total $ 323,576.00
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To: Honorable Mayor and Members of the City Council
From: John Cotti, City Attorney
Subject: CITY COUNCIL COMPENSATION
Date: April 20, 2022
Agenda Item: 12.D
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council review California law and procedure for increasing City Council compensation and provide direction.
Presented by: John Cotti, City Attorney
BACKGROUND:
In 1966, the City Council established its monthly compensation at $150. In 1982, the Council increased its monthly salary to $300.
Santa Paula Municipal Code section 30.04 was adopted pursuant to the Government Code and addresses City Council compensation.
The purpose of this staff report is to outline the law affecting City Council compensation and outline the methods for increasing compensation.
ANALYSIS:
1. Base Salary Amount Set by Population
For general law cities like Santa Paula, the Government Code establishes a base for city council salaries determined by a city’s population. (Gov. Code, § 36516.) As Santa Paula’s population is under 35,000, the City Council is authorized to receive $300 per month.
2. Methods to Increase Salary
There are two ways for a City Council to increase the base compensation: by ballot measure or by ordinance.
To increase compensation by ballot measure, the Council may submit its proposal for a salary increase to the voters for majority approval.
Government Code Section 36516(b) states:
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“At any municipal election, the question of whether city council members shall receive compensation for services, and the amount of compensation, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the compensation specified in the election call. Compensation of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.”
Therefore, the City Council may increase its compensation by placing the proposed increase on the ballot. If the proposal receives a majority of the votes, the increase will pass.
By submitting a potential salary increase to the voters, the residents can ultimately decide whether an increase is appropriate. However, it can be costly to put the measure on the ballot and to arrange for the election. Salary increases by ballot measures are not very common and are most often seen in mid-sized to larger charter cities and/or when the proposed increase is higher than what is allowed under the Government Code, as discussed in more detail below.
For example, in 2016, a ballot measure in the City of Riverside sought to increase the city council members’ salaries to 80% of the mayor’s salary. One of the council members proposed this measure because he felt that council members put in just as much work as the mayor and should be compensated accordingly. The ballot question read, “Shall Section 403 of the City Charter be amended to increase the City Council member salary to be eighty percent (80 %) of the Mayor's salary?”
This measure was soundly defeated by the voters.
The City of Santa Clara also had a ballot measure in 2016 proposing to increase city council salaries. The following question appeared on the ballot:
“SETTING OF SALARIES FOR MAYOR AND CITY COUNCIL. Shall section 702 of the Santa Clara City Charter be amended to set the salaries of the Mayor at $2500 per month and City Council at $2000 per month, and to create a Salary Setting Commission to review and adjust those salaries every two years?”
The voters passed this measure.
In 2018, a measure increasing city council compensation in San Diego was placed on the ballot. The measure proposed to tie city council salaries to state Superior Court judges’ salaries. The effect was that city council salaries would double, however; honoraria, car allowances, and free use of city-owned-and-controlled sports and entertainment venue tickets would be eliminated. The measure also proposed to expand restrictions on lobbying, and regulate incumbent officers’ use of taxpayer-funded, mass form constituent mailings. The ballot question read,
“Shall the Charter be amended to: (1) restrict benefits for elected City officers; (2) restrict lobbying and campaign activities of elected City officers; and (3) remove the requirement that Councilmembers set their salaries and those of the Mayor and City Attorney, providing instead that their salaries be set as percentages of the salary set by the State of California for Superior Court judges?”
This measure passed by a large margin. However, there were criticisms. A former city council 326
member said that voters were misled because the measure’s ballot language was not overt about the large pay raises. He also took issue with the measure’s title: “Charter amendments regarding ethics and compensation for elected officials.” Other ballot measures have succeeded in Tustin (2020), Berkeley (2020), Santa Ana, (2016).
In Fillmore in 2014, a measure succeeded that rescinded a voter-approved measure that set salaries at $75 and authorized the Council to set salaries as provided in State law.
In order to initiate a ballot measure, the City Attorney would draft language for Council approval, which would need to be provided to the County Elections Office prior to July 7, 2022. It is estimated that such a measure would cost the City between $10,000-$15,000.
To increase compensation by ordinance, the City Council can designate a salary amount in an Ordinance; however, the amount is limited by statute.
Government Code Section 36516(c) states:
“Compensation of council members may be increased beyond the amount provided in this section by an ordinance or by an amendment to an ordinance but the amount of the increase may not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. No salary ordinance shall be enacted or amended which provides for automatic future increases in salary.” (Emphasis added.)
The increase may not be compounded – it is one calculation based on the total number of years, not five percent (5%) applied to the first year and then another five percent (5%) applied to that number. Thus, since the City Council’s salary is $300 per month and there has been no increase in 40 years, an ordinance could be adopted setting the salary at up to $900 per month.
Starting Council Salary: $300
5% increase: .05 x $300 = $15 Annual Increase
Increase over 40 years: 40 x $15.00 = $600.00 Maximum Increase Starting plus Increase: $300 + $600 = $900.00 Maximum Salary The Government Code is not completely clear about what constitutes a calendar year. There are a number of possible interpretations but perhaps the most appropriate reading is to calculate increases from the effective date of the last increase to the effective date of the next increase.
Increasing salary by ordinance does not involve the cost of putting a measure on the ballot and having an election. While it would remove direct voter approval for the salary increase, the item would be agendized and residents would be able to voice concerns or support at public meetings and by submitting comments for City Council consideration.
3. Benefits and other Compensation
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Benefits do not count toward calculating salary and include “retirement, health and welfare, and federal social security benefits” as well as reimbursements for “actual and necessary expenses pursuant to Section 36514.5.” (Gov. Code, § 36516(d) and (e).) City council members generally may not receive additional compensation in excess of these limits for service on other city related boards and committees unless another statute authorizes it. And in that case, the limit is $150 per month for each. (Gov. Code, § 35616(c).)
4. Effective Date for Salary Increases
The change in salary does not take place immediately; however, the change in compensation would not take effect until the commencement of new terms of office for Councilmembers, which will take place in 2022.
This requirement is found in Government Code Section 36516.5, which provides:
“A change in compensation does not apply to a councilman during his term of office; however, the prohibition herein expressed shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase by virtue of his beginning a new term of office.”
5. City Council Compensation in Other Local Jurisdictions The following table shows current city council salaries in other jurisdictions in Ventura County.
City
Current Council Salary per Month
Ventura
$600 councilmembers/up to $700
mayor
Oxnard
$785.08
Camarillo
$1,482.57
Thousand Oaks
$1,750.00
Simi Valley
$1,202.76
Ojai
$760.00
Moorpark
$600.00
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6. Pros and Cons of Increasing City Council Compensation There are several pros and cons of increasing City Council compensation.
Pros
Increasing compensation may attract a larger pool of candidates, including those who would not have otherwise served due to lack of means.
The City should pay elected officials a fair salary for their work.
Serving on the city council often goes well beyond part-time work.
There has not been a salary increase in 40 years.
Salaries would be more consistent with other comparable cities in the county.
Cons
Would require an additional expenditure from the City’s General Fund.
General Fund money considered for salary increases could be used on other City services.
Council compensation was discussed at a regularly scheduled meeting of the City Council on February 16, 2002. Notably, the Council was mixed on which, if any, approach to take with respect to raising Council compensation, with two members favoring the Ordinance approach, two members preferring the ballot-measure approach, and one member preferring to leave compensation as is. As no majority was reached, Council requested the matter return for further consideration.
STRATEGIC PLAN:
None.
FISCAL IMPACTS:
A change in compensation levels has not been budgeted. If salaries were raised to the maximum amount allowed by ordinance, general fund expenditures would increase by $38,540 annually ($36,000 in salary and $2,540 in benefits). Any such action would need to be accompanied by a budget adjustment, effective with the 2022-23 fiscal year.
OPTIONS:
The City Council can:
1. Request that staff work on a ballot measure to increase City Council compensation.
2. Request that the attached sample ordinance be finalized and brought back for first reading.
3. Decline to move forward with this item.
ATTACHMENTS:
Ordinance re City Council Compensation Increase-c1.DOCX 329
65283.00006\33770406.2
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA PAULA INCREASING COMPENSATION FOR
MEMBERS OF THE CITY COUNCIL
The City Council of the City of Santa Paula does ordain as follows:
SECTION 1. The City Council finds as follows:
A. The City of Santa Paula, California (the “City”) is a general law city organized and existing under the Constitution and laws of the State of California.
B. California Government Code section 36516 provides a method by which salaries for members of the City Council are established and increased.
C. California Government Code Section 36516(a) authorizes the City Council to enact an ordinance providing that each member of the City Council shall receive a salary based on the population of the City.
D. California Government Code Section 36516(a)(4) further authorizes the salary of members of the City Council to be increased beyond the amount based on the population of the City, so long as such increase does not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of salary.
E. Section 30.04 of the City of Santa Paula Municipal Code authorizes the City Council to provide by ordinance that each member of the City Council receive a prescribed salary, the amount of which is based upon the population of the City, and can be increased according to California law.
F. The salary of the City Council, adopted in 1982, is currently set at Three Hundred Dollars ($300.00) per month, per member of the City Council.
G. The City Council has not elected to increase or adjust the salary for the City Council in forty years since it was last set in 1982.
H. In order to encourage qualified persons to become members of the City Council and to ensure that members of the City Council are compensated fairly and comparably to city council members of other cities, it is in the best interests of the City to increase the salary of the members of the City Council.
I. All other legal prerequisites to the adoption of this Ordinance have occurred.
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
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65283.00006\33770406.2
SECTION 2. City Council Compensation. Section 31.07 of the Santa Paula Municipal Code is hereby amended in its entirety to read as follows:
“Section 31.07 Compensation.
A. Pursuant to Section 36516 of the California Government Code, compensation shall be paid in the amount of ***dollar amount*** Dollars ($***.00) per month, per member of the City Council of the City of Santa Paula.
B. The compensation prescribed herein is and shall be exclusive of any amounts payable to each member of the City Council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the City of Santa Paula pursuant to the provisions of California Government Code Section 36514.5, as amended from time to time. Such reimbursement shall be as established in accordance with reimbursement policy adopted by the City Council.” SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 4. California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(c)(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) and 15378 (the activity is not a project under CEQA) 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, directly or indirectly.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 9. Certification and Publication. The City Clerk of the City of Santa Paula shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933. 331
65283.00006\33770406.2
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Santa Paula, California on the __ day of ___________, 2022. _______________________________
JENNY CROSSWHITE, MAYOR
ATTEST:
____________________________
JULIE LATSHAW, CITY CLERK
APPROVED AS TO FORM:
____________________________
JOHN C. COTTI, CITY ATTORNEY
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To: Honorable Mayor and Members of the City Council
From: John Cotti, City Attorney
Subject: HARVEST AT LIMONEIRA PROJECT AD HOC COMMITTEE
Date: April 20, 2022
Agenda Item: 12.E
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
That the City Council:
1. Appoint two members of the City Council to participate in the Ad Hoc Committee for the Harvest at Limoneira Project.
Presented by: John Cotti, City Attorney
BACKGROUND:
On February 26, 2015, the City and Limoneira Company entered into an Amended and Restated Development Agreement for developing the area now referred to as the Harvest at Limoneira Project (the “Development Agreement”). Limoneira Lewis Community Builders, LLC (“Limoneira Lewis”) is now the successor in interest to the rights and obligations of the Development Agreement.
As approved, the Development Agreement authorizes Limoneira Lewis to construct up to 1,500 total residential units, along with office, retail, and light industrial uses, educational and civic facilities, and open space preserves, parks and greenways. In exchange, the Development Agreement requires Limoneira Lewis to provide a number of public benefits, including the provision of public infrastructure, provide the equivalent costs for construction costs of a Joint Civic Facility and Public Safety Facility, and provide a program for public benefit housing, among many others.
ANALYSIS:
In October, 2021, the City received a request from Limoneira Lewis to increase the total number of authorized residential units to 1,950, an increase in 450 residential units. Among other entitlements and environmental review, the request would require an amendment to the Development Agreement.
Pursuant to Government Code section 65864, a development agreement may be approved by the City and the applicant to provide assurances to both regarding public improvements and costs associated with the development. Section 9.2 of the operative Development Agreement 333
authorizes amendments as necessary to address changing conditions and circumstances, including the record-low housing inventory in California.
Development agreements are often negotiated with two Councilmembers, City staff and the applicants with City staff and Council setting the parameters regarding the negotiations and terms of the development agreement. In order to move forward with the amended Development Agreement negotiations, City staff is requesting that the City Council identify two members to serve on an ad hoc committee to negotiate the terms of an amended Development Agreement for the Harvest at Limoneira Project. The final terms of an amended Development Agreement would require review and approval of the full Council.
STRATEGIC PLAN:
None.
FISCAL IMPACTS:
There are no direct fiscal impacts associated with this action.
OPTIONS:
In addition to the recommended action, the Council can decline to create an ad hoc committee and direct City staff to negotiate the terms of the amended Development Agreement with Limoneira Lewis.
ATTACHMENTS:
334
Santa Paula City Council Tentative Agenda Schedule
Updated 4/13/2022
DEPARTMENT MEETING
DATE Wednesday, May 4, 2022
Admin 5/4/2022 City Manager Department Report
CDD Homeless Update Presentation
Finance City Audit Presentation
P&R Eucalyptus Tree Contract Award
PW VC Benefit Assessment
Finance Contract Award for User and DIF Study
PW SWFA with Athens Services
P&R Parks & Recreation Commission – Ordinance Change
Finance 3rd Quarter Fiscal Report
Admin City Districting Next Step
Finance Measure T Surplus Funding Recommendations
Wednesday, May 18, 2022
Admin 5/18/2022 City Manager Department Report
P&R Parks & Recreation Commission – Ordinance Change
CM Community Choice Aggregation Discussion
Fire Ventura County Fire Department Report
CDD Housing Element
CDD Cannabis Process
PW Mesa Tank Replacement Plan
PW VRSD WRF Amendments
STUDY SESSION TOPICS
Admin No Smoking Ordinance
CDD Cultural Arts Council
Admin Homelessness Discussion
P&R Oil Museum Options
FUTURE AGENDA ITEMS
Admin SoCal Edison discussion on rates
CDD Franchise esVolta – Public Hearing
CDD Housing Element Adoption
CDD Inclusionary Housing DIF
P&R Teague Park Restroom Construction Contract
Admin ARPA 2nd Tranche Allocation
Clerk Election Consolidation
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