Agenda packet — Santa Paula City Council, April 20, 2022 (part 1 of 2)

City of Santa Paula
City Council

MAYOR JENNY CROSSWHITE

VICE MAYOR ANDY SOBEL

COUNCILMEMBER RICHARD ARAIZA

COUNCILMEMBER CARLOS JUAREZ

COUNCILMEMBER LESLIE CORNEJO

CITY COUNCIL REGULAR MEETING OF THE

SANTA PAULA CITY COUNCIL
WEDNESDAY, APRIL 20, 2022
6:30 PM - City Council Regular Meeting

SANTA PAULA CITY HALL
970 VENTURA STREET
SANTA PAULA, CA 93060

JULIE LATSHAW, CITY CLERK

DAN SINGER, CITY MANAGER
JOHN C. COTTI, CITY ATTORNEY
Spare Copies of staff reports or other written documentation relating to each item of business referred to on this agenda are on file in the Office of the City Clerk and are available for public inspection. If you have any questions regarding any agenda item, contact the City Clerk at (805) 933-4208.

City of Santa Paula - City Council - City Council Regular Meeting 1

BRINGING ITEMS BEFORE THE CITY COUNCIL
You are invited to participate in all Regular City Council meetings. Agendas are posted in the front of Santa Paula City Hall, 970 Ventura Street, Santa Paula, 72 hours in advance of the scheduled meetings. The City Council's regular meetings start at 6:30 p.m. the first and third Wednesday of each month in the City Hall Council Chambers located at 970 Ventura Street in Santa Paula.

HOW TO PARTICIPATE IN PERSON DURING THE MEETING: If you wish to speak at a City Council meeting, please fill out a Public Comment Form noting your name and address and submit the form to the City Clerk. Include the Agenda item number, when appropriate. Public comments are limited to 3 minutes.

1. Items Not on the Agenda: If you wish to discuss an item which is not scheduled on the Agenda, you may address the City Council during Public Comment. Please realize that due to the limitations placed on the City Council by provisions of the California Government Code, the City Council ordinarily cannot take action on any item that is not on the agenda. Because of these restrictions, expect that matters that you identify during public comment will be referred to staff or considered on a future agenda.

2. Agenda Items: Items being considered by the City Council may appear on the Consent Calendar, as an Action Item, or as a Public Hearing. Public comments on each type of item are handled differently, as explained below:
a. For items appearing on the Consent Calendar, please submit a Public Comment Form before the Council takes action on the Consent Calendar. Items that receive a Public Comment Form may be pulled from the Consent Calendar by the Mayor and discussed separately by the City Council.
b. For items appearing as an Action Item, the Mayor will announce the Agenda item and request the staff report, the staff member responsible will give a brief summary of the report; the City Council will have an opportunity to ask questions of staff; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); and the City Council will discuss the item and then take appropriate action.
c. For items on which a Public Hearing is scheduled, the Mayor will open the public hearing and receive the staff report; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); the City Council will discuss the item; and the Mayor will close the public hearing after City Council action.

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence on any agenda item by sending an email to [email protected]. All public correspondence received by 3:00 p.m. (PT) on the meeting date will be provided to the legislative body before the meeting. Public Comments received after 3:00 p.m. will be provided to the legislative body the next day.

Your Participation in this meeting is in the public domain; meetings are cablecast; minutes of this meeting will reflect your participation in this meeting and are posted on the city’s website.

PLEASE NOTE: Be advised that if you bring a legal challenge to an action, you may be limited to raising only those issues you or someone else raised at the meeting described in this Agenda, or in written correspondence delivered to the City Council at or before the meeting.

Any action is subject to the ninety-day time period set forth in Code of Civil Procedure § 1094.6.

In compliance with the Americans with Disabilities Act, if you need special assistance to City of Santa Paula - City Council - City Council Regular Meeting 2

1. CALL TO ORDER
REMINDER: in order to minimize distractions during public meetings, all personal communication devices should be turned off or put in a non-audible mode.

2. INVOCATION

3. FLAG SALUTE

4. ROLL CALL

5. CLOSED SESSION REPORT

6. PRESENTATIONS

6.A NATIONAL DONATE LIFE MONTH - PROCLAMATION

6.B RECOGNITION OF THE FIREWORKS COMMITTEE DONATION TO THE CITY OF

SANTA PAULA

6.C COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
QUARTERLY REPORT (JANUARY - MARCH 2022)
RECOMMENDATION:

That the City Council receive and file the report.

7. PUBLIC COMMENT
At this time, members of the public may comment on any item not appearing on the agenda that is within the subject-matter jurisdiction of the City Council. A Public Comment Form must be submitted to the City Clerk prior to the beginning of the Public Comment period in order to be recognized to speak. Individuals submitting Public Comment Forms after the beginning of the Public Comment period will not be allowed to speak at this time, but may be recognized to speak by the Mayor at the conclusion of the meeting. Individual Councilmembers may briefly respond to Public Comments or ask questions for clarification. The City Council may direct staff to report to the City Council on the item at a later meeting. For items appearing on the Agenda, the public will be invited to make comments at the time the item comes up for City Council consideration. If a member of the public wishes to address a Consent Calendar item, please submit a Public Comment Form for that item. It may then be discussed separately by the Council, and the public will be invited to make comments at that time. At all times, please use the microphone and write your name and address on the Public Comment Form provided.

8. CITY COUNCIL REPORTS

9. CITY MANAGER REPORTS
participate in this meeting, please contact the City Clerk at (805) 933-4208. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35, 102-35.104 ADA Title II). Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s office.

REGULAR MATTERS - COUNCIL CHAMBERS
City of Santa Paula - City Council - City Council Regular Meeting 3

10. CONSENT CALENDAR
Background information has been provided to the City Council on all matters listed under the Consent Calendar and these items are considered to be routine by the City Council and are normally approved by one motion. If discussion is requested by a Councilmember on any item, or a member of the public wishes to comment on an item, that item may be removed from the Consent Calendar for separate action.

10.A APPROVAL OF MINUTES
RECOMMENDATION:

Staff recommends Council approve the following minutes:

1. City Council Special Closed Session Minutes - April 6, 2022

2. City Council Regular Minutes - April 6, 2022

10.B MARCH 2022 WARRANTS AND CERTIFICATIONS
RECOMMENDATION:

Staff recommends that the City Council:

Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for March 2022, starting check number 330286 and ending check number 330594.

Review and accept the "Certification of Salaries" for the pay period ending dates February 25th, 2022 through March 11th, 2022.

10.C FISCAL YEAR 2022-2023 SENATE BILL 1 PROJECT LIST
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Resolution No. 7394 approving the Fiscal Year 2022-2023 Project List for Senate Bill 1 (Road Repair and Accountability Act of 2017) Road Maintenance and Rehabilitation Account Funding.

10.D SECOND READING TO ADOPT ORDINANCE NO. 1315 ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO AB 481
RECOMMENDATION:

Staff recommends the City Council: Conduct a second reading to Adopt Ordinance No. 1315 directing the Police Department to adopt a "Military Equipment" policy pursuant to AB 481.

10.E CANYON BOOSTER PUMP UPGRADE PROJECT
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute a Professional Services Agreement with Huitt-Zollars for the Canyon Booster Pump Upgrade Project design services in the amount of $154,720 in a form approved by the City Attorney.

City of Santa Paula - City Council - City Council Regular Meeting 4

10.F WAIVE FORMAL BIDDING AND ALLOW PURCHASE OF FARO FOCUS LASER SCANNER FUNDED BY VCSAFE GRANT.

RECOMMENDATION:

Staff recommends Council waive formal bidding and allow the purchase of the FARO Focus Laser Scanner. This purchase is fully funded through the VCSAFE Grant.

10.G PROFESSIONAL SERVICES AGREEMENT WITH M6 CONSULTING FOR

BUILDING AND SAFETY INSPECTION, CODE COMPLIANCE AND

BUILDING PLAN REVIEW SERVICES,
RECOMMENDATION:

Staff recommends that the City Council:

Authorize the City Manager to execute a Professional Services Agreement for building and safety inspection, code compliance and building plan review services with m6 Consulting, Inc. in a form approved by the City Attorney.

10.H
ALCOHOL ENFORCEMENT AGREEMENT FOR PROJECT 21-CUP-03,
VINCE’S CAFÉ INC. (DBA EL CAPRICHO RESTAURANT) LOCATED AT 827 E. MAIN STREET. (TYPE 47- BEER, WINE & DISTILLED SPIRITS – ON

SALE GENERAL - EATING PLACE)
RECOMMENDATION:

Staff recommends that the City Council:

Approve the Enforcement Agreement for Project No. 21-CUP-03, Vince Café Inc. (dba El Capricho) at 827 E. Main Street.

10.I EXISTING TEMPORARY WATERLINE VACATION - HARVEST AT

LIMONEIRA
RECOMMENDATION:

Staff recommends that the City Council

1. Take action to quitclaim its interest in, and to, the East Area 1 Temporary Access and Waterline Easement.

10.J SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS

DELEGATE REPRESENTATIVE
RECOMMENDATION:

Staff recommends Council:

Appoint Councilmember Carlos Juarez as the Voting Delegate at the SCAG's 2022 Annual Meeting of the General Assembly on May 5 and 6, 2022.

City of Santa Paula - City Council - City Council Regular Meeting 5

11. PUBLIC HEARING
Verification of posting notice by City Clerk
Declaration of conflicts (if any)
Declaration of ex parte contacts (if any)
Open public hearing
Staff presentation
Discussion and action
Close public hearing

11.A A RECOMMENDATION THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1316 AMENDING CHAPTER 16.58 OF THE SANTA PAULA

MUNICIPAL CODE TO EXCLUDE ESTABLISHMENTS WITHIN THE

CENTRAL BUSINESS DISTRICT FROM THE SEPARATION

REQUIREMENT FOR ONSITE SALE OF ALCOHOL
RECOMMENDATION:

That the City Council
Open the public hearing;
Receive testimonial and documentary evidence; and
Adopt Ordinance No. 1316 Amending Chapter 16.58 of the Santa Paula Municipal Code to Exclude Establishments within the Central Business District from the Separation Requirement for On-Site Sale of Alcohol; and Find that the Ordinance Is not a “Project” or Is Otherwise Exempt from CEQA.

Presented by: James Mason, Community Development Director

12. ACTION ITEMS

12.A 5-YEAR PAVEMENT MANAGEMENT PLAN UPDATE
RECOMMENDATION:

Staff recommends that the City Council:

1. Receive and file the updated 5-Year Pavement Management Plan Presented by: Clete J. Saunier, Public Works Director
Robert Woodward, m6 Consulting, Interim City Engineer
Rachel Williams, m6 Consulting, Project Manager

12.B PROPERTY BUSINESS IMPROVEMENT DISTRICT (PBID) INTENT TO

RENEW FORMATION
RECOMMENDATION:

1. Receive and accept the results of a petition of property owners for the proposed renewal of the downtown Property Business Improvement District (PBID) to go to ballot allowing the City Clerk to initiate Proposition 218 proceedings as prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750).

2. Approve the Management District Plan (Exhibit B).

City of Santa Paula - City Council - City Council Regular Meeting 6

3. Adopt the Resolution of Intention No. 7392 (Exhibit A).

4. Set a date for a Public Hearing on Wednesday, June 15, 2022.

Presented by: Jonathan Royas, Management Analyst

12.C AGREEMENT WITH SANTA PAULA UNIFIED SCHOOL DISTRICT FOR

SUMMER CAMP PROGRAM
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve Agreement with Santa Paula Unified School District for Summer Camp Program.

2. Recognize $323,576 in new revenue and $284,576 in new expenditures in the General Fund.

3. Approve a one-time Pay Incentive for each Summer Camp employee in the amount of $750.

Presented by: Greg Barnes, Parks & Recreation Director

12.D CITY COUNCIL COMPENSATION
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

12.E HARVEST AT LIMONEIRA PROJECT AD HOC COMMITTEE
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

13. ITEMS FOR FUTURE AGENDAS

13.A FUTURE AGENDA ITEMS
RECOMMENDATION:

Staff recommends City Council Review Future Agenda Items.

14. ADJOURNMENT
State of California )-
County of Ventura )- ss
City of Santa Paula )-
City of Santa Paula - City Council - City Council Regular Meeting 7 I declare under penalty of perjury that I posted this City Council Agenda on the bulletin board near the front door of City Hall, 970 Ventura Street, Santa Paula, California.

On_________________ at______________Signed:_________________________ Julie Latshaw
City Clerk
City of Santa Paula - City Council - City Council Regular Meeting 8 To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
QUARTERLY REPORT (JANUARY - MARCH 2022)
Date: April 20, 2022
Agenda Item: 6.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

That the City Council receive and file the report.

BACKGROUND:

STAFF UPDATES
The department continues to work with HR to conduct a recruitment for the vacant Building Official/Senior Building Official Planning and Economic Development Manager. To date the city has not received any viable applicants. The department is coordinating with Human Resources to broadened recruitment and advertising strategies in an attempt to attract more candidates.

The department will bring a new agreement with m6 Consulting to expand services in Building, Code and Plan Check to help further expedite the expanding volume of development submittals

PLANNING DIVISION
Housing Element (2040) Update
Staff is finalizing the second draft of the Housing Element based on feedback received from the state Department of Housing and Community Development. The Affordable Housing Task Force and Planning Commission will be review the draft and it will be presented to City Council in May.

Specific Plan Updates
Santa Paula West Business Park Specific Plan (SP-6)
The Project is within the West Area 2 Expansion Area as designated by the Santa Paula General Plan on the western edge of the City of Santa Paula and consists of ±54 acres of the 125-acre Expansion Area. The land uses envisioned within the Specific Plan will be a mix of 9 low-intensity industrial (such as light manufacturing or research and development), professional offices, and supporting commercial businesses.

The applicants contracted engineer has been working to address the concerns regarding drainage and flood control raised by the County Watershed Protection District. The plan design has required some modifications and once the concerns have been fully addressed the application will go to LAFCo for an annexation hearing.

East Area Specific Plan - Harvest Development
Approved project includes 1,500 new dwelling units of different types on approximately 500- acres. Construction continues on residential units and the first phase of development (586 units) is nearing completion. The project submittal for Phase II is under review and the tentative tract map was approved by City Council on April 6th. The Santa Paula Creek Bridge plans are being prepared for review by the City and initial submittals have been approved by the Army Corp of Engineers and County watershed protection. The Sports park site development has commenced and site grading is underway. The developer plans on submitting an amendment to the Specific Plan to add an additional 450 homes later this year.

Commercial Development Update
Gun Smoke BBQ (817 E Main St): Restaurant
Proposal for a new Santa Fe style barbeque restaurant. Interior renovation work is nearly completed. The sign permits and business license have been issued on the project and final improvements are underway with an opening date planned for the end of April 2022.

La Terraza (1080 E. Main Street): Banquet Hall
Proposal for a new 6,672-sf multi-venue event space adjacent to La Terraza Restaurant. A new Conditional Use Permit was approved by the Planning Commission on January 26, 2022.

The project building plans are ready for permitting and building improvements are underway.

Santa Paula Craft & Kitchen (932 E Main Street)
The tenant improvements and liquor license are in place and the venue is scheduled to open the end of April.

Event Center and Café (133 Mill Street)
The project which includes a catering and event center, café and alcohol license is currently undergoing plan review. The project site will be phased to later include the redevelopment of offices and classrooms (Faulkner Hall) into apartments.

Parque 1055 Bar and Grill (1055 East Main Street)
Staff has reviewed a concept review for the renovation of an auto repair facility into a bar and grill. The applicant has submitted for a CUP to serve alcohol which will be reviewed by the Planning Commission on April 26, 2022. Plan submittal for facility renovation is projected for Q3 of 2022.

Industrial Development Update
10 Santa Maria Industrial Park (324 W. Santa Maria Street): Industrial Park Project approved by Planning Commission in 2012. City staff continuing to coordinate with applicants to resolve project. A Conservation Easement Violation has been resolved and the project is continuing with requisite design engineering submittals. The review of the Conditional Letter of Map Revision (CLOMAR) which addresses project potential alterations to flood hydrology, has been completed by County Watershed and the City and was submitted to FEMA for comments in early September. The City Is still waiting for FEMA approval of the map revisions before allowing vertical construction to occur.

Santa Paula Self Storage Too (324 E Santa Maria St): Self Storage Facility Proposal for a 5-building, 262-unit self-storage facility. Plans have been submitted and are under review. The project will commence development once the underlying SMIP has received FEMA approval.

ActionPac (270 Quail Court/1574 Lemonwood Drive)
The packaging equipment manufacturer recently relocated from Oxnard and is working on development plans to add additional buildings and tenants on the 5-acre site.

Residential Development Update
Santa Paula Public Benefit Housing/First-Time Homebuyer Program Ventura County Community Development Corporation has been selected for the administration of the program and staff will request budget appropriation from the Council at the May 4, 2022 City Council meeting to initiate the program. In coming weeks, staff will be coordinating an orientation with VCCDC and Harvest developers’ sales agents.

Creekside Homes (Grant Line and Santa Paula St): New house New 9-lot residential subdivision on Grant Line Road. For Lot 1, construction of new singlefamily residence and detached accessory dwelling unit are occupied. Permits have been issued for Lots 2-9; and construction is underway.
“Arbor Executive Homes” – Sparkuhl Ranch (Forest Dr and Cliff Dr): New 19-du subdivision New subdivision of 19 single-family residences, one public pocket park, and extension of public streets. Final grading and site utility improvements are completed. Home pads have been certified and foundation forming is currently underway. Vertical home construction is underway and the project is being carefully monitored to ensure compliance. All nineteen homes have been sold. Staff is working closely with the developer to manage and mitigate construction impacts to city infrastructure and existing neighborhoods. There are currently ten homes occupied.

People’s Self-Help Housing (PSHH) 714 W Harvard Blvd (Mt View RV Park) Conditional Use Permit for 69 deed-restricted affordable apartments has been approved.

Building permits have been issued and project groundbreaking is planning for May. In addition, 11 the Santa Paula PSHH Project was awarded $3,842,192 from the California Department of Housing and Community Development’s Joe Serna Jr. Farmworker Housing Grant program.

Former Kmart (859 Faulkner Rd.)
Harridge Development Group, LLC., the owner and developer for the site has submitted a concept review for a project that entails 240 market-rate apartment townhomes with an affordable component. Plan submittal is projected for this summer. 11th Street Townhomes
Ten market rate townhomes on Main Street and 11th Street. Design review has been completed and the project plans are currently under review.

Tiny Quads (720 East Main Street)
12 deed restricted affordable efficiency units. Design review has been completed. The project has been put on hold due to cost of construction (materials and development) coupled with project engineering requirements.

King Building Apartments (929 East Main Street)
Six second floor market-rate apartment units above ground floor retail. Project plan review has been completed and staff is working to finalize parking and trash enclosure requirements for the project.

Redtail Apartments (18004 East Telegraph Rd)
Proposal for 288 market-rate apartments at Telegraph Rd. east of Texas Lane. Project is currently preparing to submit for Design Review. The project is contemplating a significant portion of affordable units (TBD).

Mixed-Use/Senior Housing (603 East Main Street)
Senior Housing and commercial project composed of square feet of commercial and 22 senior housing apartments. Currently in Design Review.

Chaparral Airolofts (Airpark)
Proposed project of thirty-seven aircraft hangar/residential units. The applicant is preparing for a concept review by staff to review the project engineering, fire safety and building plans. The applicant is currently working on a submittal for engineering and infrastructure plans. Submittal of full development plans are projected this fall.

Harvest at Limoneira-Lewis (East Area 1)
All 586 lots for Phase I of the project have been sold to home builders and approximately 364 homes are occupied. Sales are consistent at 2-3 homes per week. Of Phase I (Haun Creek Homes) three of the product lines are completely sold out.

Spirit of Santa Paula (1498 E. Harvard Blvd.) Homeless services center 12 Development improvements and operational permit for a homeless service center. As a result of efforts by Steve Bennett and Monique Limon $1.5 million in funding has been approved by the state Department of Housing and Community Development. The project building permits have been issued and as a result of City Council action, in-lieu funds were utilized to cover permit fees.

New Business Licenses
Eighteen (18) new business licenses were issued in January through March

BUILDING AND SAFETY DIVISION
Permit and Fee Activity
JANUARY – MARCH 2022

PERMITS

NUMBER PERMIT FEES
2022 2021 2022 2021
BUILDING 115 217 $332,710.04 $361,937.95
PLUMBING 69 98 $20,966.00 $26,775.00
ELECTRICAL 95 136 $26,427.00 $35,334.00
MECHANICAL 60 91 $20,037.00 $25,620.00
TOTAL 339 542 $400,140.04 $449,666.95
TOTAL PERMIT VALUATION TO DATE (2022 TOTAL): $27,669,048.74 TOTAL PERMIT VALUATION A YEAR AGO (2021 TOTAL): $26,881,643.61

ECONOMIC DEVELOPMENT DIVISION
Downtown Events and Street Activation
The Community & Economic Development, Parks & Recreation, Public Works, Police the Chamber of Commerce and the property business improvement District (PBID) have collaborated to implement improvement in downtown infrastructure. Staff has collaborated with the community to provide opportunities for events including Cruise Night, monthly markets and a farmers’ market. In addition, staff and the Chamber are working closely with the PBID to implement several specific improvements to downtown infrastructure including Green Alley improvement, street tree maintenance, street lightning., banners, waste receptacle repairs/replacements, parking lot improvements and sidewalk cleaning.

East Area Gateway (Hallock/126/Telegraph)
Staff facilitated a round table discussion with prospective developers, property owners and speculators in early December 2021 to develop a comprehensive plan for the development of this area. Given the shift in the retail market, we are seeking to identify development strategies that will yield a sustainable and complimentary mix of uses. Staff will continue to schedule periodic roundtables to help facilitate collaboration towards a focus on highest and best use for these properties
13 East Triangle Site (east of Hallock and SR 126)
Staff has engaged with a development consultant (The Kosmont Companies) to develop strategies for development of the site formerly identified for a fire station. Pursuant to the state surplus property act a Notice of Availability is being reissued to incorporate all recipients required by the State surplus land act process. The RFQ process to identify potential buyers/lessees will be initiated in June.

Bender Property (Todd Rd and SR 126)
The developer, Bender Farms, is currently planning an additional 86,000 square foot industrial shell building and is scheduled to submit plans Q3 of 2022. As a part of the project, improvement swill be made to Todd Rd, Calpipe Rd and Peck Rd. Once plans have been finalized staff will provide an update.

ActionPac (270 Quail Court/1574 Lemonwood)
A packaging manufacturer is relocating from Oxnard and will assume some of the existing building space with approximately 30-employees. They will lease the remaining space and developing additional industrial space for future tenants on the vacant pads.

Ventura County Santa Paula Medical Center (SEC Hallock Dr and SR 126) Staff has coordinating the development with Ventura County and the developer (Taylor Realty Advisors) and design Review has been completed for the first phase of development.

Currently the project proposal includes the following:

Phase I: Medical Offices, Ambulatory Surgical Facility, Retail Phase II: Hospital, Assisted Living Facility, Skilled Nursing Facility Phase III: Retail Development TBD
Superior Market (280 Harvard Blvd)
Superior Supermarkets has purchased Tressierras Market and is currently under renovation Superior is a value priced community grocery concept and should be fully operational this summer. Superior Grocers operates 47 stores in Southern California and has been in business since 1981.

Bank of Books (820 Main Street)
Staff had been working with the owners since last summer and has provided outreach and business assistance to facilitate their opening.

OTHER ACTIVITIES
Homeless Encampment Mitigation
Staff has been coordinating with the County Watershed Control District, The Nature Conservancy and the County CEO’s office. In addition, staff has assisted with outreach and clean-up coordinating with a resident volunteer and Athens to clean up waste along the Santa 14 Paula Creek and Santa Clara River corridors.

In early January a collaborative effort between R.A. Atmore, the Police Department, the Community and Economic Development Department and the County Watershed Control District resulted in the clean-up of eight homeless encampments and debris along Santa Paula Creek (north of Harvard Blvd). City staff is currently coordinating plans for clean-up on the Creek south of Harvard.

RI-NU Services, LLC., (815 Mission Rock Road, unincorporated Ventura County) Nu RI-NU Services, LLC has requested to update and reestablish a Conditional Use Permit to operate a wastewater treatment facility at 815 Mission Rock Road. The County has required the submittal of an Environmental Impact Report (instead of an MND) and is currently reevaluating the proposed components of the project to potentially modify the project in response to the public comments. The project discussion between the applicant and the County are scheduled to resume early June.

PLANNING COMMISSION ACTIVITY
Planning Commission Actions
January 25:

Adoption of Resolution No. 3832 approving Conditional Use Permit No. 2021-CUP-03 to allow an existing restaurant business (Vince’s Café Inc., dba El Capricho) the right to sell alcohol.

Appointment of Commissioner Kelly to the Housing and Homeless Standing Committee February 22:

Adoption of Resolution No. 3831 recommending that the City Council adopt an ordinance amending Chapter 16.44 of the Santa Paula Municipal Code (“SPMC”) to permit electric fences within the Commercial-Light Industrial (C-LI), Light Industrial (LI), and Industrial (I) zoning districts,
March 22:

Adoption of Resolution No. 3839 Recommending the City Council Adopt an Ordinance to Amend Chapter 16.58 of the Santa Paula Municipal Code to Exclude Establishments within the Central Business District from the Separation Requirement for On-Site Sale of Alcohol.

Continuation of the public hearing to the next regularly-scheduled Planning Commission meeting (currently April 26, 2022) in order to further consider recommending the Revised Draft Housing Element proceed to Council for approval.

ANALYSIS:

None
STRATEGIC PLAN:

None
15 FISCAL IMPACTS:

None
OPTIONS:

None
ATTACHMENTS:
16

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23 To: Honorable Mayor and Members of the City Council
From: Christy Ramirez, Finance Director
Subject: MARCH 2022 WARRANTS AND CERTIFICATIONS
Date: April 20, 2022
Agenda Item: 10.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for March 2022, starting check number 330286 and ending check number 330594.

Review and accept the "Certification of Salaries" for the pay period ending dates February 25th, 2022 through March 11th, 2022.

BACKGROUND:

This is the certification (separation of duties between the "preparer from the reviewer") Presented in the attached documents:
a) CERTIFICATION OF ACCOUNTS PAYABLE CHECKS by check number range and date. It also discloses any voided checks.
b) EXPENSE REPORTS showing the amounts and funds accounts payable came from
The "Check Report" depicts the following columns:
c) AP-ACCOUNTS PAYABLE for vendors (non-City staff) by the vendor number, vendor name, payment date, payment amount and check numbers (entitled 'number')
d) PY-PAYROLL for benefits payments, insurance, retirement, etc. Benefits payable on behalf of City staff.
e) Bank Code Summary by payment type
f) Fund Summary by fund the accounts payables utilized
24 CERTIFICATION OF SALARIES
This is the certification (separation of duties between "preparer" and the "reviewer") of salaries and benefits (payroll checks) by fund. It lists salary (payroll) issued checks by beginning and ending check number, payroll ending dates February 25th, 2022 through March 11th, 2022.

ANALYSIS:

See the attachments for expense breakdown by respective fund.

EMERGENCY JUSTIFICATION REPORTING
An emergency at the Water Recycling Facility recently prompted the need to waive the informal bid process for sludging services from Patriot Environmental and a special part from Huber Technology. Below is a description of the situation and cost estimates of the services:

The screw press at the WRF is used to dewater the solids produced in the treatment process.

The biosolids hauler requires that solids be dried to about 15% solids concentration. The screw press takes the solids concentration from about 2.5% in the digesters to over 15%, removing about 85% of the water. Operating staff began noticing deterioration of screw press performance on March 17 and initiated contact with the manufacturer (Huber) to obtain repairs. A quote was received from Huber on March 18, and a City purchase order for repairs was issued the same day. The initially quoted repair time was about six weeks (late April or early May). The screw press failed entirely on March 23. However, Huber was able to move up the repair date to April 11th, or about 3 weeks rather than 6. This repair should be complete within 3 days, or about April 14th. During the interim period, staff issued a PO for up to $29,000 with Patriot Environmental to haul up to 10 loads of biosolids (sludge) at 2.5% concentration for disposal at other wastewater treatment plants in the area. This should be adequate to carry the WRF though until the screw press repairs are complete. Total costs are expected to be $28,647 for repair of the screw press and a maximum of $27,977 for sludge hauling. Actual cost of sludge hauling may be less.

STRATEGIC PLAN:

FISCAL IMPACTS:

OPTIONS:

1. Receive and file March 2022 Certification of Accounts Payable Checks and Certifications of Salaries
ATTACHMENTS:

March 2022 WARRANTS AND CERTIFICATIONS.pdf
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: FISCAL YEAR 2022-2023 SENATE BILL 1 PROJECT LIST Date: April 20, 2022
Agenda Item: 10.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Resolution No. 7394 approving the Fiscal Year 2022-2023 Project List for Senate Bill 1 (Road Repair and Accountability Act of 2017) Road Maintenance and Rehabilitation Account Funding.

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill 1 (SB 1), Road Repair and Accountability Act of 2017, to address transportation funding shortfalls statewide. SB 1 established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund. A portion of the RMRA funds are distributed on a monthly basis to the City for basic road maintenance, rehabilitation, and critical safety projects on local streets and road systems. For Fiscal Year 2021-2022, the City of Santa Paula is estimated to receive $699,591 from the RMRA.

ANALYSIS:

SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. In order to be eligible for RMRA funding this year, the City must adopt a resolution approving the list of projects to receive RMRA funding in Fiscal Year 2022-2023.

On December 15, 2021 the City Council approved plans and specifications for the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project (Project). The Project contemplates the replacement of 9,000 lineal feet of new water main, 8,000 lineal feet of sewer main and 725,000 square feet of pavement on Harvard Boulevard over an 18-month period.

Extensive portions of the City’s streets will be affected by the water and sewer main replacement along Harvard Boulevard, and a comprehensive program of paving rehabilitation is projected to occur in coordination with the completion of water and sewer work. This effort has been identified as occurring in coordination with the required utility work, and associated roadway repairs have been programmed and identified in project plans. 60 For FY 2022/2023, staff recommends that the funding be applied towards constructing pavement rehabilitation improvements associated with the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project. Project design has been completed and the project is in the process of bid advertisement and award. This funding only applies to the pavement portion of the project.

STRATEGIC PLAN:

The Project supports the currently adopted Strategic Plan in achieving the following goals:

Economic Development
Objective 10: Create a welcoming environment to attract “drive-by” or “pass-through” traffic by identifying or building out key locations, access points and traffic circle islands where murals, landscaping, wayfinding signage or decorative fencing can be utilized.

The improved roadway surface and safety improvements will potentially attract drive-by and pass-through traffic to visit the Harvard Boulevard business corridor.

The rehabilitation of Harvard Boulevard improves the quality of the visitor experience in this business corridor for drive-by and local resident traffic alike.

Infrastructure, Transportation & Mobility
Objective 1: Improve and maintain pedestrian systems through a Sidewalk Maintenance Plan, which includes expanded efforts on annual sidewalk maintenance, repair, and ADA improvements.

The project will provide repairs and upgrades to curb ramps for disabled access throughout the project corridor.

FISCAL IMPACTS:

By approving the SB 1 Project List for FY 2022-2023, the City will meet the criteria necessary to receive its annual allocation of funding for the fiscal year, anticipated to be approximately $699,591.

OPTIONS:

The Council has the following available alternative options to Staff’s recommendations:

1. Do not approve the Fiscal Year 2022-2023 Project List for Senate Bill 1 that will address needed road improvement funding for the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project. This action would create a budget shortfall and delay the completion of the project.

ATTACHMENTS:

Exhibit A - Resolution 7394.pdf
61 EXHIBIT A
Resolution No. 7394
62 RESOLUTION NO. 7394

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-2023 TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 The City Council of the City of Santa Paula does resolve as follows:

SECTION 1: The City Council finds and declares as follows:

A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law in April 2017.

SB 1 is intended to address the significant multi-modal transportation funding shortfalls statewide by funding basic road maintenance, rehabilitation and critical safety needs on the City’s local streets and roads;
B. In order to be eligible for funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1,the City must adopt resolution approving a list of projects proposed to receive fiscal year funding to the California Transportation Commission. The list of project must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement;
C. The City will receive an estimated $699,591 in RMRA funding in Fiscal Year 2022- 2023 from SB 1.

D. This is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1.

E. The City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list.

F. The City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment. 63 SECTION 2: The City Council hereby approves the SB 1 Project List for RMRA funds provided in Attachment A.

SECTION 4: The City Manager or his/her designee, is hereby authorized to execute all documents necessary to implement and secure any and all funds the may become available to the City from the RMRA.

SECTION 3: This Resolution becomes effective immediately upon adoption and will remain effective until superseded by a subsequent resolution.

PASSED AND ADOPTED this ___________ day of April, 2022.

Jenny Crosswhite, Mayor
ATTEST:

Julie Latshaw, City Clerk
APPROVED AS TO FORM:

John C. Cotti, City Attorney
APPROVED AS TO CONTENT:

Dan Singer, City Manager
64 Attachment A: SB 1 Project List: FY 22/23
Proposed Project: Harvard Boulevard from Peck Road to 10th Street Pavement Rehabilitation Project.

Project Type: Road Reconstruction and Rehabilitation
Project Description: This project consists of the reconstruction and rehabilitation of Harvard Boulevard between Peck Road and 10th Street for FY 22/23. This includes slurry seal and repaving.

Project Location: Major reconstruction and rehabilitation to be performed on 1.9 miles of Harvard Boulevard on the southwest side of the city.

Estimated Completion Date: June 2023
Estimated Useful Life: 15 – 20 years

STREET NAME FROM TO
Harvard Blvd Peck Road 10th Street
65 To: Honorable Mayor and Members of the City Council
From: Travis Walker, Chief of Police
Subject: SECOND READING TO ADOPT ORDINANCE NO. 1315 ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO AB 481
Date: April 20, 2022
Agenda Item: 10.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends the City Council: Conduct a second reading to Adopt Ordinance No. 1315 directing the Police Department to adopt a "Military Equipment" policy pursuant to AB 481.

BACKGROUND:

At their April 6th, 2022 meeting the City Council waived the first reading and introduced Ordinance No. 1315 (Exhibit A), adopting a military equipment use policy for the Police Department pursuant to AB 481.

AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute.

ANALYSIS:

On September 30, 2021 Governor Newsom signed a series of policing reform legislation items into law. These laws are aimed at increasing police transparency, and AB 481 in particular requires law enforcement agencies to adopt a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. Santa Paula Police Department Policy No. 705, governing “Military Equipment,” is attached hereto as Exhibit A (the “Policy”). The Policy must be adopted by ordinance at a regular meeting of the governing body for that agency (i.e., the City Council) AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either 66 permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute.

To continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022.

In accordance with AB 481, the proposed Policy will be made available on the Santa Paula Police Department’s website at least 30 days prior to the public hearing by the City Council to adopt the Policy. Once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use.

In accordance with AB 481, the Policy is being agendized as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act.

This Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance.

The recommended ordinance (Attachment A to this City Council Report) reflects the final language for the ordinance amendment and the ordinance is now presented to the City Council for adoption.

STRATEGIC PLAN:

Not Applicable.

FISCAL IMPACTS:

These new unfunded mandates will place new obligations on staff and add costs for publication of the annual report and workshop, but no other direct fiscal impacts are associated with this item.

OPTIONS:

Conduct a second reading to Adopt Ordinance No. 1315 directing the Police Department to adopt a "Military Equipment" policy pursuant to AB 481.

ATTACHMENTS:

AB 481 Ordinance Final.pdf
Military_Equipment Policy (Final).pdf
67 AB481 Inventory.xlsx
68 ORDINANCE NO. 1315

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA PAULA, CALIFORNIA ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO AB 481
The City Council of the City of Santa Paula does ordain as follows:

SECTION 1. The City Council finds and declares that:

A. On September 30, 2021 Governor Newsom signed a series of policing reform legislation items into law. These laws are aimed at increasing police transparency, and AB 481 in particular requires law enforcement agencies to adopt a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. Santa Paula Police Department Policy No. 705, governing “Military Equipment,” is attached hereto as Exhibit A (the “Policy”). The Policy must be adopted by ordinance at a regular meeting of the governing body for that agency (i.e., the City Council).

B. AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute.

C. To continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022.

D. In accordance with AB 481, the proposed Policy will be made available on the Santa Paula Police Department’s website at least 30 days prior to the public hearing by the City Council to adopt the Policy. Once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use.

E. In accordance with AB 481, the Policy is being agendized as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act.

F. This Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued 69 approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance.

SECTION 2. Findings. Pursuant to Government Code § 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

SECTION 3. Military Equipment Use Policy Adopted. In light of the findings in Section 2, and in accordance with AB 481, the City Council hereby adopts Santa Paula Police Department Policy No. 705, entitled “Military Equipment,” attached hereto as Exhibit “A” and incorporated by this reference.

SECTION 4. Severability. Each of the provisions of this Ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 5. Environmental Assessment. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(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, directly or indirectly.

SECTION 6. City Clerk Certification. The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
70 SECTION 7. Effective Date. This ordinance shall take force and effect thirty (30) days after its adoption.

PASSED, APPROVED, AND ADOPTED this 20th day of April, 2022.

JENNY CROSSWHITE, MAYOR
ATTEST:

Julie Latshaw, City Clerk
APPROVED AS TO FORM:

John C. Cotti, City Attorney
71

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2
75 Agency Name Military Equipment Inventory 1
Type Armored vehicle Mobile command post vehicle
Description (1)Black armored, wheeled vehicle MRAP. Agency Name markings and red/blue lights. Equiped with a siren. Can hold a driver and nine passengers. (2)Tan Armored, wheeled vehicle MRAP ATV.

Agency name markings, can hold a driver three passengers. 5th Wheel style trailer
Quatity 2 1
Capabilities Armor rated to .50 cal. Mobile Field Command capabilities during emergency events and Expected lifespan 20 yrs. 15 yrs.

Manufacturer's description Four-wheeled, diesel engine-powered personnel carrier with ballistic glass and armor rated to .50 cal.

Agency Name
76 Agency Name Military Equipment Inventory 2
Purpose and authorized uses To provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents or national disasters.

Provides incident managers the
ability to coordiante and manage
police resources during incidents.

Fiscal impact N/A aquired through military surplus program $2,000 annual maintenance Legal and procedural rules Policy N/A
Required training Class A drivers license In-House training Compliance mechanisms Operational use with approval from Executive Command Staff or exigent circumstances
Agency Name
77 Agency Name Military Equipment Inventory 3
Breaching shotgun CS chemical agent Flameless OC CS chemical agent Mossberg 500 12 gauge shotgun
designed to fire frangible breaching
rounds
Spede Heat CS Flameless Expulsion OC Defense Technology 40mm short range CS chemical agent round
3 10 5 10
Capable of defeating locks and
deadbolts on doors and gates

2.9 oz of active agent .02 oz. of active agent
20 yrs. 5 yrs. 5 yrs. 5 yrs.

Royal Arms is the original inventor, as
well as oldest manufacturer of:

Breaching Stand-Off Device, 12
Gauge Breaching Shotgun, Copper &
Clay Frangible Breaching Rounds
High volume device with continuous
burn as it expels its payload in
approximately 20-40 seconds. The
payload is discharged through four
gas ports on top of the canister, three
on the side and one on the bottom.

The OC Flameless Expulsion
Device is a compact, nonpyrotechnic, chemical agent
device that provides safe
expulsion without risk of fire. It
is safe to use inside of a
residence. Unlike
pyrotechnical grenades, this
devices contents are expelled
upon actuation of a CO2
cartridge that will affect a
confined area of
approximately 1500 square
feet.

Agency Name
78 Agency Name Military Equipment Inventory 4
Allows officers to safely and
effectively breach doors and gates
during high-risk search warrant
services and hostage rescues.

Less lethal tool used to compel
violent/ armed and barricaded
suspects from vehicles and structures
when the circumstances are too
hazardous for officers to enter. May
also be used to disperse large, violent
and, riotous crowds. Verbal warnings
should procede its use when feasible.

Less lethal tool used to compel
violent/ armed and barricaded
suspects from vehicles and
structures when the
circumstances are too
hazardous for officers to enter.

May also be used to disperse
large, violent and, riotous
crowds. Verbal warnings
should procede its use when
feasible.

Less lethal chemical agent
designed to compel large, violent
and, riotous crowds to disperse
from an outdoor area. Verbal
warnings should proceed its use
when feasible. Designed as a
chemical agent dispersal tool and
not an impact weapon.

Tactical Team personnel are
authorized to use the breaching
shotgun after receiving the required
training and have shown the ability
to utilize the tool safely and
competently. Tactical Team
personnel must recieve annual
recertification and qualification.

Tactical Team officers may
deploy chemical agents during
high-risk tactical operations after
attending a chemical agents
course taught by a POST certified
instructor. Officers must qualify
annually
Operational use under the review of
the Tactical Team Commander or
appropriate team supervisor
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
Agency Name
79 Agency Name Military Equipment Inventory 5
CS chemical agent OC chemical agent CS chemical agent CS chemical agent 40 MM Defense Technology Triple Chaser
CS
Defense Technology OC Stinger Defense Technology triple chaser Riot Control CS
Defense Technology CS ferret
25 20 25 16

3.2 oz of active payload 3.2 oz of CS agent
5 yrs. 5 yrs. 5 yrs. 5 yrs.

The Triple-Chaser® CS consists of
three separate canisters pressed
together with separating charges
between each. When deployed,
the canisters separate and land
approximately 20 feet apart
allowing increased area coverage
in a short period of time.

The Stinger® OC Device is a
maximum effect device that
delivers four stimuli for
psychological and physiological
effects: rubber pellets, light,
sound, and OC. The Stinger
Device is most widely used as a
crowd management tool by Law
Enforcement and Corrections.

The Stinger Grenade has an initial

1.5 second delay that initiates
fuze assembly separation,
followed by another .5 second
delay before the blast which is
sufficient to project the rubber
balls and chemical agent in a 50
foot radius
Designed specifically for outdoor use in
crowd control situations, the Riot Control
Grenade is a high volume continuous
burn canister that expels its payload in
approximately 20 - 40 seconds. I
It is non-burning and designed
to penetrate barriers. Primarily
used to dislodge barricaded
subjects, it can also be used for
area denial.

Agency Name
80 Agency Name Military Equipment Inventory 6
Less lethal chemical agent
designed to compel large, violent
and, riotous crowds to disperse
from an outdoor area. Verbal
warnings should proceed its use
when feasible. Designed as a
chemical agent dispersal tool and
not an impact weapon.

Less lethal chemical agent /
impact weapon /LSDD designed
to compel large, violent and,
riotous crowds to disperse from
an outdoor area. Verbal
warnings should proceed its use
when feasible. Designed as a
chemical agent dispersal tool and
not an impact weapon.

Less lethal chemical agent designed to
compel large, violent and, riotous crowds
to disperse from an outdoor area. Verbal
warnings should proceed its use when
feasible. Designed as a chemical agent
dispersal tool and not an impact weapon.

Less lethal tool used to compel
violent/ armed and barricaded
suspects from structures when
the circumstances are too
hazardous for officers to enter.

Verbal warnings should procede
its use when feasible.

Tactical Team personnel
responsible for formulating
chemical agent plans must attend
California POST certified chemical
agent school and must recertify
every three years. Tactical Team
officers may deploy chemical
agents during high-risk tactical
operations after attending a
chemical agents course taught by a
POST certified instructor. Officers
must qualify annually
Tactical Team personnel
responsible for formulating
chemical agent plans must
attend California POST certified
chemical agent school and must
recertify every three years.

Tactical Team officers may
deploy chemical agents during
high-risk tactical operations after
attending a chemical agents
course taught by a POST certified
instructor. Officers must qualify
annually
Tactical Team personnel responsible for
formulating chemical agent plans must
attend California POST certified chemical
agent school and must recertify every
three years. Tactical Team officers may
deploy chemical agents during high-risk
tactical operations after attending a
chemical agents course taught by a POST
certified instructor. Officers must qualify
annually
Tactical Team personnel
responsible for formulating
chemical agent plans must
attend California POST certified
chemical agent school and must
recertify every three years.

Tactical Team officers may
deploy chemical agents during
high-risk tactical operations
after attending a chemical
agents course taught by a POST
certified instructor. Officers
must qualify annually
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
Agency Name
81 Agency Name Military Equipment Inventory 7
OC vapor 40 MM OC / CS vapor Light sound diversionary device Defense Technology ferret Defense Technology Tri Chamber Flameless CS /OC
Defense Technology (DEFTEC)
24 18 11
Designed for indoor use. OC is
released in a vapor form
.70 oz of agent. Designed for indoor
use. CS chemical agents are released
in a vapor form
Produces 6-8 candela of light and 175db of
sound.
5 yrs. 5 yrs.

The Defense Technology OC
Vapor Aerosol Device is for law
enforcement and corrections use
to deliver a high concentration of
Oleoresin Capsicum (OC) in a
powerful mist.

A unique device delivering an
invisible vapor and rendering an
intense respiratory effect. Provides
best results when used indoors
and requires no personal
decontamination.

Agency Name
82 Agency Name Military Equipment Inventory 8
Less lethal tool used to compel
violent/ armed and barricaded
suspects from structures and
vehicles when the circumstances
are too hazardous for officers to
enter. Verbal warnings should
procede its use when feasible.

Less lethal tool used to compel
violent/ armed and barricaded
suspects from structures and
vehicles when the circumstances
are too hazardous for officers to
enter. Verbal warnings should
procede its use when feasible.

The light sound diversionary device (flash
bang) is a less lethal device used during highrisk search warrants, arrests of armed and violent suspects and, during hostage
rescues. An intense bright light and loud
noise are created temporarily
overwhelming a suspect's senses which may
potentially prevent a suspect from harming
officers.

Officers must qualify annually
Tactical Team personnel responsible
for formulating chemical agent plans
must attend California POST certified
chemical agent school and must
recertify every three years. Tactical
Team officers may deploy chemical
agents during high-risk tactical
operations after attending a chemical
agents course taught by a POST
certified instructor. Officers must
qualify annually
All authorized personnel must attend a
user's course taught by a POST certified
instructor and complete a qualification.

Personnel must qualify annually.

Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies 300,303,305,404,
and 700
Agency Name
83 Agency Name Military Equipment Inventory 9
Light sound diversionary device Light sound diversionary device Patrol Rifles 40 MM Launcher Defense Technology (DEFTEC) Low
roll
Royal Arms Internantional 12 gauge
flash bang
Colt AR-15 rifle variants Defense Technology breach loading single shot 40 MM Launcher
10 25 58 7
Produces 6-8 candela of light and
175 db of sound.

Reusable LSDD using 12 gauge
blanks.

The Colt Enhanced Patrol Rifle
(EPR) is the next evolution in the
world's most dependable,
thoroughly field-tested patrol
rifle.

This is a non-bursting, nonfragmenting multi-bang device that produces a thunderous bang with
an intense bright light. Ideal for
distracting dangerous suspects
during assaults, hostage rescue,
room entry or other high risk arrest
situations.
.223 / 5.56 caliber rifle The 40LMTS is a tactical 40mm single shot launcher that features a
folding stock and an adjustable
Integrated Front Grip (IFG) with a
light rail. The Ambidextrous Lateral
Sling Mount (LSM) and QD
mounting systems allow both a
single and two point sling
attachment. The 40LMTS will fire
standard 40mm Less Lethal
ammunition, up to 4.8 inches in
cartridge length. This weapon is
NOT designed to fire 40mm High
Velocity HE ammunition. The
Picatinny Rail Mounting System will
accept a wide array of enhanced
optics/sighting systems.

Agency Name
84 Agency Name Military Equipment Inventory 10
The light sound diversionary
device (flash bang) is a less
lethal device used during highrisk search warrants, arrests of armed and violent suspects and,
during hostage rescues. An
intense bright light and loud
noise are created temporarily
overwhelming a suspect's
senses which may potentially
prevent a suspect from harming
officers.

The light sound diversionary
device (flash bang) is a less
lethal device used during highrisk search warrants, arrests of armed and violent suspects and,
during hostage rescues. An
intense bright light and loud
noise are created temporarily
overwhelming a suspect's
senses which may potentially
prevent a suspect from harming
officers.

Used to fire rounds to compel an
individual to cease his/her actions
when such munitions present a
reasonable option. A verbal warning
of the intended use of the device
should precede its application.
$1,100 per unit $996.00 per unit
All authorized personnel must
attend a user's course taught by a
POST certified instructor and
complete a qualification. Personnel
must qualify annually.

This type of LSDD is non explosive
and therefore all personnel can
deploy if they have attended a
user's course taught by a qualified
instructor and complete a
qualification. Personnel must qualify
annually.

Initial orientation course
including qualification; annual
recertificaiton including
qualificaiton.

Initial orientation course including
qualification; annual recertificaiton
including qualificaiton.

Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
Agency Name
85 Agency Name Military Equipment Inventory 11
40mm kinetic energy projectiles 40mm kinetic energy projectiles 40mm kinetic energy projectiles 40mm, foam-tipped kinetic energy projectile
fired from an agency-authorized 40mm
launcher.
40mm, Extended range OC projectile fired from
an agency-authorized 40mm launcher.
40mm, extended range kinetic energy projectile
fired from an agency-authorized 40mm
launcher.
26 10 26
Operartional range 10-40 meters. Operartional range 10-70 meters. Operartional range 10 70 meters 5 yrs. 5 yrs. 5 yrs.
40mm foam-tipped projectile capable of
travelling 250 fps to a maximum range of 100
feet.
40mm foam and OC tipped projectile capable of
travelling 250 fps to a maximum range of 100
feet.

The eXact iMpact40 mm Sponge Round is a
point-of-aim, point-of-impact direct-fire round.

This lightweight, high-speed projectile consisting
of a plastic body and sponge nose that is spin
stabilized via the incorporated rifling collar and
the 40 mm launchers rifled barrel. The round
utilizes smokeless powder as the propellant,
and, therefore, have velocities that are
extremely consistent. Used for Crowd Control,
Patrol, and Tactical Applications.

Agency Name
86 Agency Name Military Equipment Inventory 12
To compel an individual to cease his/her actions
when such munitions present a reasonable
option. A verbal warning of the intended use of
the device should precede its application.

To compel an individual to cease his/her actions
when such munitions present a reasonable
option. A verbal warning of the intended use of
the device should precede its application.

20.94 per unit
Initial orientation course including qualification;
annual recertificaiton including qualificaiton.

Initial orientation course including qualification;
annual recertificaiton including qualificaiton.

Use is subject to policies 300,303,305,404, and
700
Use is subject to policies 300,303,305,404, and
700
Use is subject to policies 300,303,305,404, and
700
Agency Name
87 Agency Name Military Equipment Inventory 13
40mm kinetic energy projectiles
40mm, Extended range marking projectile fired
from an agency-authorized 40mm launcher.
9 Operartional range 10-70 meters
5 yrs.

The 40 mm Direct Impact® LE Extended Range
Round is a point-of-aim, point-of-impact directfire round and is intended to be used in applications that exceed the performance
capability of the standard Direct Impact Round.

An excellent solution whether you need to
incapacitate a single subject or control a crowd.

When loaded with a green marking agent, the
Direct Impact LE can be used to indicate the
aggressor in a crowd or riot situation to the
team on the ground
Agency Name
88 Agency Name Military Equipment Inventory 14
To compel an individual to cease his/her actions
when such munitions present a reasonable
option. A verbal warning of the intended use of
the device should precede its application.

Initial orientation course including qualification;
annual recertificaiton including qualificaiton.

Use is subject to policies 300,303,305,404, and
700
Agency Name
89 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: CANYON BOOSTER PUMP UPGRADE PROJECT
Date: April 20, 2022
Agenda Item: 10.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute a Professional Services Agreement with HuittZollars for the Canyon Booster Pump Upgrade Project design services in the amount of $154,720 in a form approved by the City Attorney.

BACKGROUND:

The City of Santa Paula owns, operates and maintains the Canyon Booster Pump Station. The Booster Pump Station is located off State Highway 150 north of Bridge Road. The existing single pump at the station serves as a means to transfer water from the 600 Zone to the 900 Zone to fill the 0.5 million gallon (MG) Case Tank. The maximum capacity of the single pump is 137gpm.

In 2021 the State Division of Drinking Water (DDW) performed an inspection of the City’s water distribution facilities, and noted in their Sanitary Survey that the piping associated with the Canyon Booster Station was in poor condition and the single pump provided for no redundancy in the event of electrical failure. The existing booster pump is over twenty years old, and the Station does not possess any redundancy relative to a secondary pump or provisions for backup power or emergency generator connection. Further, staff has noted that the pumping equipment leaks, constantly requires maintenance, and has no protection from exposure to weather and potential vandalism.

ANALYSIS:

Due to the deteriorating condition of the booster pump station and the necessity to comply with the DDW Sanitary Survey, Staff is recommending replacement and redesign of the Canyon Booster Pump Station to include a backup booster pump and provisions for emergency generator connection for power reliability during periods of planned and unplanned power interruption by SCE.

The new booster system will include two new vertical multi-stage pumps, suction/discharge piping and appurtenances, electrical provision including a stationary backup generator, 90 SCADA equipment, site work, and a canopy or enclosure to protect the new equipment. To maintain access clearance to the irrigation reservoir, the new pump will be placed on the road side of the existing pump. A retaining wall will be designed to support the road slope and protect the equipment.

Upon reviewing the proposal and interviewing Huitt-Zollars, Staff has concluded that HuittZollars has the necessary qualifications to prepare the engineering documents. Staff recommends Council approval of the Professional Services Agreement with Huitt-Zollars for Canyon Booster Pump Project design services as described above for $154,720.

STRATEGIC PLAN:

The approval of this agenda item does not directly address the strategic goals within the City’s adopted Strategic Plan.

FISCAL IMPACTS:

The Professional Services Agreement for CIP Project #9234, Canyon Booster Pump Upgrade design will be funded from the Water Enterprise Fund. The proposed fee is consistent with the adopted FY 2021-2022 CIP Budget. Staff will create a budget adjustment, at the City Manager approval level, to move an allocation of $154,270 from 620-5-9234-660 to 620-5-9234-290.

OPTIONS:

The Council has the following available alternative options to staff’s recommendations:

1. Do not authorize the City Manager to execute a professional services agreement for design services with Huitt-Zollars for the Canyon Booster Pump Upgrade Project. This will delay necessary repair and reliability improvements for the Canyon Booster Pump Station and risk non-compliance with State Regulations.

ATTACHMENTS:

Exhibit A - Huitt-Zollars' Professional Services Agreement.pdf 91 92
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97 98
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138
To: Honorable Mayor and Members of the City Council
From: Travis Walker, Chief of Police
Subject:

WAIVE FORMAL BIDDING AND ALLOW PURCHASE OF FARO FOCUS
LASER SCANNER FUNDED BY VCSAFE GRANT.

Date: April 20, 2022
Agenda Item: 10.F

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends Council waive formal bidding and allow the purchase of the FARO Focus Laser Scanner. This purchase is fully funded through the VCSAFE Grant.

BACKGROUND:

On January 19, 2022, the City Council approved the acceptance of a Grant award to the Police Department from the the Ventura County Transportation Commission on behalf of the Ventura County Service Authority Freeway Emergencies (VCSAFE) Grant. The purpose of this Grant is to allow Law Enforcement agencies to purchase assets and equipment that will assist with enhancing the safety of our motoring public and assist with the investigation of collisions that occur within our jurisdiction. One of the specific items outlined and awarded in this Grant was the FARO Focus Laser Scanner. The FARO Focus Laser Scanner will allow investigators to create accurate, complete, and photorealistic 3D images of any environment or object in just a few minutes. Our current diagramming capabilities can take over an hour, to several hours, depending on the complexity of the scene.

Technology from FARO permits high-precision 3D measurement, and imaging. The devices are used specifically for law enforcement, forensics, accident reconstruction, crime scene investigation, arson investigation, post-blast investigation, fire and security pre-planning, bullet trajectory, bloodstain pattern analysis, and augmented/virtual reality applications.

FARO's customers include the Department of Defense, the federal government, various intelligence organizations, the U.S. military, and many state and municipal law enforcement agencies, to include all of the Law Enforcement agencies within our County.

ANALYSIS:

Due to the specific needs of our Investigators and interoperability with our neighboring agencies, this equipment was specifically selected by the City for purchase through the Grant.

Since the total cost of the FARO exceeds the purchasing threshold of both the Chief of Police 139
and City Manager, it requires Council approval along with formal bidding pursuant to our Municipal Code. Since this specific piece of equipment was identified, funded, and approved by Council during their meeting on January 19th, 2022, Staff respectfully requests Council waive the formal bidding requirements for this purchase in accordance with SPMC section

41.10, which allows the Council to waive formal bidding requirements when required or desirable.

STRATEGIC PLAN:

Not Applicable
FISCAL IMPACTS:

The total cost of the FARO Focus Laser Scanner and associated software is $66,008.97, that will be funded through the Ventura County SAFE Grant approved and accepted by Council during their regular meeting on January 19, 2022.

OPTIONS:

Waive formal bidding and allow the purchase of the FARO Focus Laser Scanner. Reject the request and require a formal bid process be conducted. Doing so could jeopardize the availability of the grant funds supporting this purchase.

ATTACHMENTS:

FARO Information.pdf
140
Focus
Premium
Capture With
Confidence
and Connect
Your World
Faster
141
1 On Closer Inspection
Focus Premium provides exceptional capturing efficiency, data quality and accuracy for professional applications across the construction, public safety, operations & maintenance and manufacturing markets, while offering data quality at faster scan speeds (up to 1 minute per scan) reducing onsite scanning time by up to 50%. Meanwhile, faster loading and system response yields greater data management efficiency when paired with FARO Stream and uploaded to FARO Sphere.

Up to 50% Faster
Scan Times
About 1 minute to complete a typical
scan, in combination with the optional
FARO PanoCam upgrade, even in color.

Super-High Color
Resolution
The latest color camera technology
enables the Focus Premium to capture
scans with up to 266 megapixel color
information.

Premium Preview:

The Ultimate in
3D Data Capture
Building on our history of accuracy and reliability, the new FARO® Focus Premium Laser Scanner is the fastest,
most accurate and most data-sharing-enabled scanner
on the market to date, featuring entirely new
components with a proven design.

Two-Year Warranty
Competitive service means
maximizing the life of this
product while reducing the total
cost of ownership throughout
the device’s lifespan. Two years
allows for maximum flexibility
and the piece of mind knowing
that any repairs or defective
parts will be replaced.

Focus Premium Features:
y Up to 350m scanning range, leading to superior
area coverage per scan position
y Smartphone-enabled Focus Premium remote
control capabilities, limited only by the range
of a Wi-Fi network
y Improved wireless workflow with more stable
and faster Wi-Fi operation
y On-site registration, the process of combining
multiple scans using common overlap, means
faster project completion and real-time
awareness of scan errors or missing data
y Seamless connectivity with the FARO Stream
mobile app
y Scanner control can be executed on either the app
or on the actual Focus. Users have easy access to
create projects, change scanner settings, manage
image resolution, opt for color or black and white
scans, group scans through clustering, and add
annotations
y Rugged construction and housing means
the Focus Premium can withstand the tough
day-to-day work
y Integrated high-speed SSD data storage for
maximum scan capacity and lighting fast
scan processing
142
2 1. White 90% Reflectivity, Dark-gray 10% Reflectivity, Black 2% Reflectivity, for a Lambertian scatterer | 2. Ranging noise is defined as the variation of distance samples from repeated measurements of a single point at 122k Pts/sec | 3. Some surfaces can lead to additional noise | 4. For distances larger 25 m add 0.1 mm/m of uncertainty | 5. Ranging error is defined as a systematic measurement error at around 10 m and 25 m |6. It is recommended to perform on-site compensation in the event the unit is exposed to exceptional temperature or mechanical stress|7. Low temperature operation: scanner has to be powered on while internal temperature is at or above 15° C. High temperature operation: additional accessory Thermal Cover required | 8. Accelerated Profile with PanoCam | 9. 2x150°, homogeneous point spacing is not guaranteed | 10.

Ferromagnetic objects can disturb the earth magnetic field and lead to inaccurate measurements All accuracy specifications are standard deviations, after warm-up and within operating temperature range; unless otherwise noted. Subject to change without prior notice.

CLASS 1

LASER PRODUCT
Performance Specifications
Unambiguity Interval 614 m for up to 0.5 MPts/sec 307 m at 1 MPts/sec 153 m at 2 MPts/sec Range1 White:

0.5 – up to 350 m
Dark-grey:

0.5 – up to 150 m
Black:

0.5 – 50 m
Max Speed Up to 2 MPts/sec
Range Noise1,2,3
White: Dark-grey: Black:

0.1 mm @10 m 0.3 mm @10 m 0.7 mm @10 m

0.2 mm @25 m 0.4 mm @25 m 1.2 mm @25 m
3D Accuracy4 2 mm @10 m 3.5 mm @25 m
Ranging Error5 ±1 mm
Angular Accuracy6 19 arcsec
LaserHDR Yes
Temperature Range7 Operating:
+5 ° to +40 °C
Extended Operating:
-20 ° to +55 °C
Storage:
-10 ° to +60 °C
Additional Features
Dual Axis Compensator Performs a leveling of each scan with an accuracy of 19 arcsec valid within ±2°
Height Sensor Via an electronic barometer, the height relative to a fixed point can be detected and added to a scan
Compass10 The electronic compass gives the scan an orientation GNSS Integrated GPS & GLONASS
On-Site Compensation Creates current quality report and improves compensation automatically
Accessory Bay The accessory bay connects versatile accessories to the scanner
Inverse Mounting Yes
Real-time, On-site Registration Stream App real-time scan streaming, registration, overview map and Sphere cloud upload
Electronic Automation Interface Available as option, only at point of sale Digital Hash Function Scans are cryptographically hashed and signed by the scanner
Rescanning of Distant Targets Defined areas recaptured in higher resolution at a greater distance
Retake Photos Select individual photographs with unwanted objects and retake them
Tripod Safety It is recommended that only one tripod segment is used to maximize scanner stability
General Specifications
Power Supply 19 V (external supply), 14.4 V (internal battery) Typical Power Consumption 19 W idle, 32 W scanning, 72 W charging Typical Battery Operation Time About 4 hours
Typical Scan Time8 About 1 min
Ingress Protection (IP)
Rating Class 54
Humidity Non-condensing
Weight 4.4 kg (including battery)
Size/Dimensions 230 x 183 x 103 mm
Calibration Recommended annually
Manufacturer Warranty 2 years
Additional Performance
Specifications
Color Unit
Color Resolution Up to 266 MPx color
Raw Color
Resolution 867 MPx
HDR Camera 13 MPx - 2x, 3x, 5x brackets
Parallax Minimized due to co-axial design
Deflection Unit
Field of View 300° vertical9 / 360° horizontal
Step Size

0.009° (40,960 Pts on 360°) vertical /

0.009° (40,960 Pts
on 360°) horizontal
Max. Scan Speed 97 Hz (vertical)
Laser (Optical Transmitter)
Laser Class Laser Class 1
Wavelength 1553.5 nm
Beam Divergence 0.3 mrad (1/e)
Beam Diameter
at Exit 2.12 mm (1/e)
Data Handling and Control
Data Storage
SATA 3.0 SSD 128 GB
and SDXC™ V30 64 GB SD Card; SD3.0,
UHS-I / SDXC™ / SDHC™, max. 512 GB
Scanner Control
Via touch screen display and WLAN
connection, Control by FARO Stream
App (iOS & Android) or mobile
devices with HTML
Interface Connection
WLAN
IEEE 802.11 ac/a/b/g/n 2x2 MIMO,
as access point or client in existing
networks (2.4 and 5 GHz)
USB USB 3 port
143
3 Designed for Complete Integration
FARO’s complementary products — FARO Sphere and FARO Stream (which serves as the data bridge between Focus Premium and Sphere) — create a powerful union of three distinct technologies, enabling users to capture with confidence and connect their world anytime, anywhere. This reduces time to decision while streamlining workflow tasks, meeting the demands of today’s increasingly remote, digital workforce.

Stream provides the best on-site efficiency for
data capture with the Focus Premium scanner
for scan operations in architecture, engineering,
construction and facility management. Now, users
can be confident in the successful and complete
scan data they collect in real-time, confident that
no additional site visits will be required because of
missing data and confident in radically expedited
project finalization times as Stream and Sphere
are already doing some of the work automatically
while a Focus Premium operator is returning from
the field. Premium also allows the ability to include
complementary data like field annotations and
photographic images to the project after a
scan is complete.

Stream is the first mobile app that connects FARO
hardware with FARO Sphere cloud-based applications
and services. By uniting hardware with cloud
software, Stream makes on-site capture workflows
more efficient and brings captured data directly into
the FARO ecosystem. It does so by providing live
feedback of the captured scans while performing its
pre-registration function.

Stream integrates the
captured data seamlessly
into Sphere, and provides
full FARO solution and
application compatibility.
144
4 What sets Focus Premium apart is its ability to share the on-site data it collects via Stream and send that
information to Sphere. Once data is on Sphere users
experience a centralized, efficient, and collaborative
environment across FARO point cloud applications
and customer support tools for faster 3D data
capture, processing, and delivery through a secure,
single point sign-on process. With Stream and
Sphere, registration starts in the field and processing is performed in the cloud while the scan operator
is driving back to the office. This allows off-site
colleagues to already work on the data or share it
with end-customers via FARO WebShare Software,
the world’s leading collaborative point cloud project
management solution.

Additionally, Sphere leverages WebShare to integrate
three customer service platforms: Knowledge Base,
which provides technical product information, FARO
Support, which provides 24-7 personalized service,
and FARO Academy, which provides on-demand and
live training and education programs.
145
5 Snap-In Success
The new Focus is also designed to work seamlessly
with the FARO Freestyle 2 Handheld Scanner, thanks
to its “Snap-In” feature.

Save the time that is required for multiple scanner positions when it comes to scanning complex environments/structures, equipment or tight spaces. Snap-in enables the user to seamlessly add data starting from a Focus point cloud by using it as a reference for missing data from such hard-to-scan locations, including areas in shadow and objects with irregular geometries.

The two point clouds are then pre-registered in
the same project. Together Focus and Freestyle 2
achieve what neither tool can do alone—provide
both the speed and granularity of data capture
to ensure that no on-site detail is missed.

Freestyle 2’s freedom of movement allows operators the ability to capture those hard-to-reach spots and eliminate any possible data voids, while also addressing the cumbersome need to reposition the Focus multiple times in an effort to capture that missing information. 146
1 © 2022 FARO | FARO is a registered trademark of FARO Technologies, Inc. in the United States and other countries.

Revised: 3/9/2022
FARO Global Headquarters
250 Technology Park, Lake Mary, FL 32746, USA
US: 800 736 0234 MX: +52 81 4170 3542
BR: 11 3500 4600 / 0800 892 1192
FARO Europe Regional Headquarters
Lingwiesenstr. 11/2
70825 Korntal-Münchingen, Germany
00 800 3276 7253
FARO Asia Regional Headquarters
No. 3 Changi South Street 2, #01-01 Xilin
Districentre Building B Singapore, 486548
+65 65111350
Local Offices in over 25 countries around the world. Go to www.faro.com to learn more. 147
6 A Workflow Wiz
Whether it’s for Building Information Modeling (BIM),
industrial facility management and infrastructure
projects, or improved construction quality control,
historic preservation and the sending of scan data for
digital twinning for asset and facility management,
the new Focus, paired with Sphere, via Stream,
enables enhanced workflow efficiencies that will
drive business success.

With Focus Premium, Sphere and
Stream working as partner products,
your 3D laser scanning potential has
never been more robust.

Sharing data seamlessly — and
securely — through the cloud,
wherever a Focus Premium
operator is located is what sets this
suite of complementary products
apart. Contact your local sales
representative or visit FARO.com
to learn more.
148
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: PROFESSIONAL SERVICES AGREEMENT WITH M6 CONSULTING

FOR BUILDING AND SAFETY INSPECTION, CODE COMPLIANCE AND

BUILDING PLAN REVIEW SERVICES,
Date: April 20, 2022
Agenda Item: 10.G

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

BACKGROUND:

Building and safety is involved in every planned and proposed development, including conditional use permits. Staff from the Building and Safety Division work to ensure all land development projects comply with adopted local and state codes and standards. The Community and Economic Development Department is ultimately responsible for overseeing building and safety and code related elements of development, including building inspections, plan checks, the administration of building codes and code compliance inspections.

Development throughout the City has increased significantly requiring more staff and consulting time to adequately address building inspection, building plan check and code enforcement demands.

Since September 2021 CEDD has contracted with m6 Engineering to provide land development engineering services, building and safety inspections, code compliance and building plan review services. Staff is requesting a new contract with m6 to continue consulting services to assist the city in maintaining the highest level of customer service delivery.

The new contract with m6 would include continued assistance with Building Official Services (on call as needed):

In this context, Functions as the Building Official as required by the California Building Code, the Municipal Code, and relevant Federal and State laws. Issue Certificates of Use and Occupancy for building and structures. Assist in the coordination and oversight of the building permit, building inspection, building counter and building code enforcement services so that they function as one building and safety organization. Maintain, amend and develop 149
ordinances and regulations necessary to implement and enforce the latest editions of the California Building Code, including any and all related Codes, or other uniform safety codes, laws, or regulations as adopted or amended by the City deemed necessary by the City to protect the health safety and welfare of its citizens. Prepare building and safety code violation cases for submittal to the City Attorney’s office when prosecution action is necessary to obtain compliance with existing codes and regulations. Assist in the administration and processing of complex Building Code issues and dispute resolution, including making final interpretations concerning the application of building and safety codes. Review discretionary applications for preliminary compliance with construction codes.

Inspection Services (minimum 3-days per week or as needed) The Building Inspector: Will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals. Will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable Will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit. Will verify that all inspection records, including daily records of what was inspected which will be recorded on the job card, and permit copy entered into the City’s Building and Safety computer system. Will employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers and architects as to enhance the orderly flow of the construction process yet maintaining an effective level of enforcement.

Plan review services: will provide building and safety plan review services as needed for development plan submittals. Shall ensure that any construction changes are documented and approved by appropriate City staff.

Code Enforcement Services (two days a week) Investigate complaints from the public and staff regarding violations of the municipal codes, ordinances, standards and health and safety regulations. Initiate contact with residents, business representatives, and other parties to explain the nature of the violations and encourage compliance with municipal codes, zoning and land use ordinances, and community standards. Prepare notices of violation for noncompliance according to applicable codes and regulations Prepare reports for cases requiring legal action or civil abatement. When required, meet with legal counsel and provides testimony on criminal cases. Maintain records of complaints, inspections, violation notices and other field enforcement activities. Coordinate with City departments on cases as they relate to code enforcement.

ANALYSIS:

There have been no qualified applications received during the last sixteen months of open recruitment for the city's Building Official vacancy. Staff from the Community and Economic Development Departments have evaluated the services provided by m6 over the last seven months and determined that based on expertise and availability of staff, m6 has provided exceptional services for the City's building and code services. In addition, continuing the relationship with m6 creates an important continuity of service in the area of land development, building and safety and code compliance services. Consistent with the prior professional services agreement, m6 will be provided a work station at the Community and 150
Economic Development Department service center two to three times per week (depending upon demand), and m6 will collaborate with planning and building and safety staff on land development projects. The consultant will provide Building Official, Senior Building Inspector and Code Inspector services and will be responsible for coordinating all building and safety and code related development project plan review, approvals and inspections. The contract fee is not to exceed $200,000. The contract term will expire June 30, 2023 or when a full-time Building Official/Senior Building Inspector has been hired, whichever occurs first.

STRATEGIC PLAN:

Operational Excellence Goal: Provide excellent service to the community in a cost-effective manner with an engaged workforce with a focus on continuous improvement and outstanding customer service.

Objective 1. Streamline the application and permitting processes for businesses. Utilization of contract building inspection, plan review and code compliance services will improve customer service through improvements to one-stop development permitting and review processes.

FISCAL IMPACTS:

Funding for all building and code consultant services are provided on a fee basis. Project applicants will pay fees which will cover the building review, plan checks, permits and inspection costs related to their specific projects. These fees typically fund various positions, primarily covering the Chief Building Official's duties. The contract will be funded from salary savings from the vacancies of the Planning and Economic Development Manager and Chief Building Official. Staff will process a budget adjustment, at the City Manager approval level, from 100-5-1001-001 and 100-5-3001-001 (salaries) in the total amount of $75,000 for FY 21/22 and $125,000 for FY 22/23, which will cover the consultant's services for the last six months of the current fiscal year, and entire next fiscal year respectively.

OPTIONS:

The Council has the following available alternative option to Staff’s recommendation: Do not authorize the City Manager to execute a Professional Services Agreement for building and safety inspection, code inspection and building plan review services with m6 Consulting, Inc.

This would result in increased inefficiencies and longer applicant review times due to the increasing development throughout the City. and limited resources.

ATTACHMENTS:

ATTACHMENT A m6 Professional Services Agreement Building & Safety (4-20-22).docx 151
65283.00001\33115264.1
-1- PROFESSIONAL SERVICES AGREEMENT

CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 20th day of April 2022 by and between the City of Santa Paula, a municipal corporation organized under the laws of the State of California with its principal place of business at 970 Ventura Street, Santa Paula, CA 93060, County of Ventura, State of California ("City") and m6 Consulting Inc., a CALIFORNIA CORPORATION, with its principal place of business at 4165 E. THOUSAND OAKS BOULEVARD, SUITE 355, THOUSAND OAKS, CA 91362 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing ENGINEERING AND BUILDING & SAFETY SERVICES to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional BUILDING & SAFETY consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from January 1, 2022 to June 30, 2023 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
152
65283.00001\33115264.1
-2- PROFESSIONAL SERVICES AGREEMENT

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon 153
65283.00001\33115264.1
-3- PROFESSIONAL SERVICES AGREEMENT
request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:

Masoud Mahmoud, Building Official/Code Enforcement Manager, Dan Chavin, Senior Supervising Inspector and Code Enforcement Officer

3.3.5 City's Representative. The City hereby designates the Community & Economic Development Director or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Robert Woodward, PE, CBO, CASp Director of Municipal Services or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant 154
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shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations 155
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of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.
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3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. 157
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Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions
1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall 158
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deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
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(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 160
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1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or 161
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omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
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3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: m6 Consulting Inc.
4165 E. Thousand Oaks Boulevard
Suite 355
Westlake Village, CA 91362, US
ATTN: Robert Woodward, PE Principal Engineer
City:

City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
ATTN: Community & Economic Development Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & 163
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Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal 164
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action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Ventura County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be 165
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construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SANTA PAULA AND
M6 CONSULTING INC.

IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.

CITY OF SANTA PAULA m6 CONSULTING, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Dan Singer,
City Manager
Approved as to Form:
_____________________________________
John Cotti,
City Attorney
Attested By:

Julie Latshaw,
City Clerk
168
65283.00001\33115264.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
Scope of Services
Building Official Services (on call as needed):
 Function as the Building Official as set forth in the California Building Code, in other City adopted building codes, ordinance Municipal Code, and as specified in Federal and State law.
 Issue Certificates of Use and Occupancy for building and structures.  Assist in the coordination and oversight of the building permit, building inspection, building counter and building code enforcement services so that they function as one building and safety organization.
 Maintain, amend and develop ordinances and regulations necessary to implement and enforce the latest editions of the California Building Code, including any and all related Codes, or other uniform safety codes, laws, or regulations as adopted or amended by the City deemed necessary by the City to protect the health safety and welfare of its citizens.
 Prepare building and safety code violation cases for submittal to the City Attorney’s office when prosecution action is necessary to obtain compliance with existing codes and regulations.
 Assist in the administration and processing of complex Building Code issues and dispute resolution, including making final interpretations concerning the application of building and safety codes.
 Review discretionary applications for preliminary compliance with construction codes.

Inspection Services (minimum 3-days per week or as needed) The Building Inspector:
 Will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise.  Shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.  Will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable
 Will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.  Will verify that all inspection records, including daily records of what was inspected which will be recorded on the job card, and permit copy entered into the City’s Building and Safety computer system.
 Will employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers and architects as to enhance 169
65283.00001\33115264.1
Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT
the orderly flow of the construction process yet maintaining an effective level of enforcement.
 Provide plan review services for over the counter plan review for non-complex project submittals
 Shall ensure that any construction changes are documented and approved by appropriate City staff
Plan Check Services (two days a week)

1. Percentage of standard plan check fees
Plan Check fees are proposed below based as a percentage of such fees collected by the City based on the city’s fee schedule, including Energy, CALGreen, and accessibility fees where applicable.
 Fees for Standard Plan Check Including 1st, 2nd & 3rd Reviews:
o 68% for Residential plan review, including two rechecks. Hourly rates apply for additional reviews, revisions, and review of deferred submittal items o 68% for Commercial plan review, including two rechecks. Hourly rates apply for additional reviews, revisions, and review of deferred submittal items

2. Percentage standard re-check fees
 Fees for Standard Plan Check Beyond 3rd Reviews:
o Hourly rates apply for additional reviews, revisions and review of deferred submittal items

3. Percentage for expedited plan check fees
 Fees for Expedited Plan Checks
o 140% of the above fees
o
Code Enforcement Services (two days a week)
 Investigate complaints from the public and staff regarding violations of the municipal codes, ordinances, standards and health and safety regulations.  Initiate contact with residents, business representatives, and other parties to explain the nature of the violations and encourage compliance with municipal codes, zoning and land use ordinances, and community standards.
 Prepare notices of violation for non-compliance according to applicable codes and regulations
 Prepare reports for cases requiring legal action or civil abatement.  When required, meet with legal counsel and provides testimony on criminal cases.  Maintain records of complaints, inspections, violation notices and other field enforcement activities.
 Coordinate with City departments on cases as they relate to code enforcement. 170
65283.00001\33115264.1
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] Fee Schedule
Rates should be billed hourly for services rendered and are comprehensive. In other words, the city should not be charged for project management and other operating costs. Mileage related to services provided will be charged at $0.58.5/mile.

Please provide hourly rates for the following:

Building Official: $150
Senior Building Inspector: $95
Code Inspector: $80
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To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject:

ALCOHOL ENFORCEMENT AGREEMENT FOR PROJECT 21-CUP-03,
VINCE’S CAFÉ INC. (DBA EL CAPRICHO RESTAURANT) LOCATED AT 827 E. MAIN STREET. (TYPE 47- BEER, WINE & DISTILLED SPIRITS –

ON SALE GENERAL - EATING PLACE)
Date: April 20, 2022
Agenda Item: 10.H

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

Approve the Enforcement Agreement for Project No. 21-CUP-03, Vince Café Inc. (dba El Capricho) at 827 E. Main Street.

BACKGROUND:

It is in the best interest of the citizens of the City of Santa Paula (the City) to monitor and control the sale of alcoholic beverages within the City. Enforcement Agreements have been successfully used by other California communities as a means to better monitor and enforce compliance with special conditions concerning alcohol sales.

Per SPMC Chapter 16.58 Alcoholic Beverage Sales, a Conditional Use Permit is required for alcohol sales. On January 25, 2022, the Santa Paula Planning Commission unanimously approved Resolution No. 3832 for Project 21-CUP-03 “El Capricho” restaurant for a CUP to authorize a new California ABC Type 47 license (Attachment B), On-Sale General - Eating Place license that authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises.

ANALYSIS:

The Conditional Use Permit (CUP) granted to the Applicant under Santa Paula Planning Commission Resolution No. 3832 is predicated upon execution of an Enforcement Agreement between the Applicants and the City.

SPMC Chapter 16.58 - Alcoholic Beverage Sales, 16.58.010(I) Development Standards and Use Conditions:
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The property owner/operator/applicant and the City must enter into an enforcement agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.

The agreement, as reviewed by the City Attorney, is provided as Attachment A.

STRATEGIC PLAN:

None
FISCAL IMPACTS:

None
OPTIONS:

The following alternatives are available to the City Council:

1. Make changes to Enforcement Agreement.

2. Continue the hearing in order to obtain further information or for the applicant to make any requested revisions to the project.

3. Deny the Enforcement Agreement. A denial would prohibit the sale of alcoholic beverages at the subject location
ATTACHMENTS:

A- 21-CUP-03 Enforcement Agreement-Vince Cafe Inc-El Capricho.docx B-21-CUP-03 Reso No. 3832.docx
C- VICINITY MAP.pdf
D- FLOOR PLAN.pdf
E- Site Photos.pdf
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Enforcement Agreement (Project No. 2021-CUP-04, Vince’s Café Inc.- El Capricho) 1 of 6

ATTACHMENT A

ENFORCEMENT AGREEMENT
Between
The City of Santa Paula (the City)
And (the Applicants)
Vince’s Café Inc.

For Project No. 21-CUP-03, “El Capricho” Restaurant
827 E. Main Street, Santa Paula, CA 93060
for
CA ABC Type 47 license (beer, wine & distilled spirits-on sale general-eating place) April 20, 2022
This agreement is entered into by the undersigned on April 20, 2022 at the City of Santa Paula, Ventura County, California as a consequence of the following facts:

A. It is in the best interest of the citizens of the City of Santa Paula (the City) to monitor and control the sale of alcoholic beverages within the City; B. Per SPMC Chapter 16.58 – Alcoholic Beverage Sales, 16.58.010 (I) Development Standards and Use Conditions:
“The property owner/operator/applicant and the city must enter into an enforcement agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.”
C. On January 25, 2022 the Santa Paula Planning Commission unanimously approved Resolution No. 3832 for Project No: 21-CUP-03 Vince’s Café Inc. “El Capricho”, for a Conditional Use Permit (CUP) to authorize a new California ABC Type 47 license (beer, wine & distilled spirits-on sale general-eating place) located at 827 E. Main Street;
D. The CUP granted to the Applicant on January 25, 2022 by the Santa Paula Planning Commission Resolution No. 3832 is predicated upon execution of an Enforcement Agreement between the Applicants and the City; E. Enforcement agreements have been successfully used by other California communities as a means to better monitor and enforce compliance with special conditions concerning alcohol sales;
NOW THEREFORE, the parties agree to the following:
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Enforcement Agreement (Project No. 2021-CUP-04, Vince’s Café Inc.- El Capricho) 2 of 6 I. PUBLIC DOCUMENT
This Agreement is a public document. A copy of this Agreement must be kept at all times on the premises, and must be made available for review immediately upon request by law enforcement personnel and members of the public. Failure by the Applicants or employees of the Applicants to produce a copy of this Agreement when asked to do so by a law enforcement officer will be deemed a violation of the Agreement.

II. CONDITIONS
Failure to comply with any of the conditions set forth below is a breach of this agreement and a violation of the Conditional Use Permit (CUP). Each failure by the Applicants to comply with any one condition listed below must be considered an individual and separate breach of this Agreement.
a. The Applicant and all licensees, sublessees, must adhere to the Conditional Use Permit (CUP) granted to the Applicant under Santa Paula Planning Commission Resolution No. 3832 (attached).
b. The Applicant and all licensees, sub lessees, must have a current, valid Alcohol Beverage Control license in order to serve alcoholic beverages. c. The Applicant and all licensees, sublessees, and their employees or agents who engage in the on-site sale of alcoholic beverages to the public must complete a course in Responsible Beverage Sales and Service (RBSS) or equivalent such as Licensee Education on Alcohol and Drugs (LEAD), Learn2Serve (program may be done online) and in-restaurant training within thirty (30) days of the granting of a license and/or date of employment.
d. There must be no advertising of alcoholic beverages, or promoting or indicating the availability of alcoholic beverages, visible outside of the establishment, including advertising directed to the exterior from the interior. The foregoing must not be deemed to preclude interior advertising not directed to the exterior, but which is incidentally visible outside the establishment. e. Sale and consumption of alcoholic beverages shall be governed by the California Department of Alcoholic Beverage Control license type, per California Business and Professions Code, Article 3. Rights and Obligations of Licensees § 23355- 23405.4 as it relates to on-sale and off-sale alcoholic beverages, and any other requirements per CA ABC. .
f. A copy of these conditions must be maintained on the premises and made available upon the demand of any peace officer.

III. BREACH OF THIS AGREEMENT
A breach of any condition listed in Section II (Conditions) above is a breach of this Agreement and a violation of the Applicants' Conditional Use Permit (CUP). Multiple 175
Enforcement Agreement (Project No. 2021-CUP-04, Vince’s Café Inc.- El Capricho) 3 of 6 breaches of the Agreement may result in more severe penalties, including amendment or revocation of the CUP.

IV. ENFORCEMENT
For each breach of the Agreement, the Applicants must pay a fine of five hundred dollars ($500.00) Each breach constitutes substantial and sufficient evidence for the Planning Commission to amend or revoke the Applicants' Conditional Use Permit.

In addition, the Police Department may stop the sale of alcohol for noncompliance with conditions or problems arising from the consumption of alcohol or entertainment.

V. ENFORCEMENT COSTS
Enforcement costs incurred by the City caused by noncompliance with the Agreement by the Applicants, and including, without limitation, citations for violations, issuance and collection of fines or other penalties, and related administrative paperwork and bookkeeping, must be fully recoverable by the City from the Applicants based upon a schedule of fully allocated hourly rates.

VI. APPEALS
Any violation or breach by the Applicants of the Agreement may be appealed in writing to the Planning Commission. The appeal must be filed in the Office of the Planning Department within ten days of the notice of the violation(s) being sent.

VII. AMENDMENTS
No amendment, modification, or supplement to this Agreement will be binding on any of the parties unless it is in writing and signed by authorized representatives of the parties in interest at the time of the modification.

VIII. BINDING EFFECT
Each and all of the provisions hereof must be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns.

IX. FORCE MAJEURE
No party will be liable for any failure to perform its obligations in connection with any action described in this Agreement, if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such party's reasonable control (including any mechanical, electronic, or communications failure, but excluding failure caused by a party's financial condition or negligence). 176
Enforcement Agreement (Project No. 2021-CUP-04, Vince’s Café Inc.- El Capricho) 4 of 6 X. WAIVER OF BREACH
No waiver of any provision or consent to any action will constitute a waiver of any other provision or consent to any other action, whether or not similar. No waiver or consent will constitute a continuing waiver or consent or commit a party to provide a waiver in the future except to the extent specifically set forth in writing. Any waiver given by a party will be null and void if the party requesting such waiver has not provided a full and complete disclosure of all material facts relevant to the waiver requested.

XI. ENTIRE AGREEMENT
This Agreement and all Exhibits hereto, as well as agreements and other documents referred to in this Agreement constitute the entire agreement between the parties with regard to the subject matter hereof and thereof. This Agreement supersedes all previous agreements between or among the parties. There are no agreements, representations, or warranties between or among the parties other than those set forth in this Agreement or the documents and agreements referred to in this Agreement.

XII. SEVERABILITY
If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof will be stricken from this Agreement, and such provision will not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision will be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.

XIII. GOVERNING LAW
This Agreement will be governed by and construed under the laws of the State of California, irrespective of such state's choice of law principles.

XIV. CONSTRUCTION
The terms of this Agreement have been negotiated by the parties hereto and the language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent. This Agreement will be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under this Agreement. No rule or strict construction will be applied against any person.

XV. TRUTHFULNESS
The recitals set forth at the beginning of this Agreement of any matters or facts will be conclusive proof of the truthfulness thereof and the terms and conditions set forth in the recitals, if any, will be deemed a part of the Agreement. 177
Enforcement Agreement (Project No. 2021-CUP-04, Vince’s Café Inc.- El Capricho) 5 of 6 XVI. REPRESENTATION BY COUNSEL
Each party has been represented by counsel in the negotiation and execution of this Agreement. This Agreement was executed voluntarily without any duress or undue influence on the part of or on behalf of the parties hereto. The parties acknowledge that they have read and understood this Agreement and its legal effect. Each party acknowledges that it has had a reasonable opportunity to obtain independent legal counsel for advice and representation in connection with this Agreement. Each party further acknowledges that it is not relying on and it is not for the purposes of the negotiation, execution, and delivery of this Agreement, a client of the legal counsel employed by any of the other parties to this Agreement.

XVII. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which must be deemed an original, but all of which together will constitute one and the same instrument.

This Agreement will not be effective until the execution and delivery between each of the parties of at least one set of counterparts. The parties authorize each other to detach and combine original signatures pages and consolidate them into a single identical original. Any one of such completely executed counterparts will be sufficient proof this Agreement.
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Enforcement Agreement (Project No. 2021-CUP-04, Vince’s Café Inc.- El Capricho) 6 of 6

ENFORCEMENT AGREEMENT
Between
The City of Santa Paula (the City)
And (the Applicants)
Vince’s Café Inc.

For Project No. 21-CUP-03, “El Capricho” Restaurant
827 E. Main Street, Santa Paula, CA 93060
for
CA ABC Type 47 license (beer, wine & distilled spirits-on sale general-eating place) April 20, 2022
__________________________________
Elizabeth B. Arenas, CEO/Applicant
Vince’s Café Inc.

Date: ____________________________
CITY OF SANTA PAULA:
__________________________________
Dan Singer, City Manager
APPROVED AS TO FORM:
__________________________________
John Cotti, City Attorney
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ATTACHMENT B
RESOLUTION 3832
&
EXHIBIT A: CONDITIONS OF APPROVAL
180
RESOLUTION NO. 3832

A RESOLUTION OF THE SANTA PAULA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR PROJECT NO. 2021-CUP-03 TO ALLOW THE

SALE OF ALCOHOL IN COMPLIANCE WITH THE CALIFORNIA DEPARTMENT OF ALCOHOL AND BEVERAGE CONTROL TYPE 47 LICENSE PROVISIONS AT 827 E. MAIN STREET
The Planning Commission of the City of Santa Paula does resolve as follows:

SECTION 1: The Planning Commission finds and declares that:

A. On November 4, 2021, Elizabeth Arenas on behalf of Vince’s Café Inc. (Operator) and Eugenia B. Arenas (Property Owner) filed an application for Project No. 2021- CUP-03, a Conditional Use Permit to allow the sale of alcohol on-site in compliance with the California Department of Alcohol and Beverage Control Type 47 license provisions at an existing restaurant doing business as El Capricho Restaurant at 827 E. Main Street (APN: 103-0-101-105);
B. Per SPMC § 16.58.010, the sale of alcohol requires the issuance of a CUP; C. The Project was reviewed by the City’s Planning Division for, in part, consistency with the General Plan and conformity with the Santa Paula Municipal Code; D. The City Planning Division reviewed the project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated there under (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines (“Santa Paula Guidelines”; CEQA, CEQA Guidelines and Santa Paula Guidelines collectively referred to as “CEQA Regulations”); E. The Planning Division completed its review and scheduled a public hearing regarding the application before this Commission for January 25, 2022; F. On January 25, 2022, the Commission opened a public hearing to receive public testimony and other evidence regarding the application including without limitation, information provided to the Commission by the Applicant; and G. The Commission considered the information provided by City staff, public testimony, and the Applicant’s representative. This Resolution, and its findings, are made based upon the evidence presented to the Commission at its January 25, 2022 hearing including, without limitation, the staff report submitted by the Planning Division.
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SECTION 2: Factual Findings and Conclusions. Pursuant to the SPMC Chapter 16 Development Code, the Planning Commission finds that the following facts exist:

A. The Applicant is requesting a Conditional Use Permit to allow the sale of beer, wine, and distilled spirits (ABC License - Type 47) with the existing restaurant use in the Central Business District zone at 827 E. Main Street.

B. The facility would operate under a California Department of Alcohol and Beverage Control Type 47 on-sale license.

C. The Project does not entail changes to the footprint of the existing building.

D. The sale of alcohol in conjunction with the restaurant on the property is not expected to have negative impact to surrounding properties nor the general neighborhood. The Applicant will also be required to comply with an Enforcement Agreement that will provide the Police with the ability to quickly respond to violations and ensure compliance with the conditions of approval. The land use is supportive of and will not negatively affect the demand of existing onsite services including city services.

E. The proposed use at the particular location is desirable to provide a service or facility which will contribute to the general convenience or welfare of the neighborhood or community because expanding the restaurant to include the on-site sale of alcohol is a service that is sought and enjoyed by a large segment of the community. The restaurant is also compatible with the existing, surrounding and planned land uses within the vicinity.

F. The characteristics of the project are not unreasonable or incompatible with the types of uses in the surrounding area, such as other restaurant and commercial uses along Main Street. Any potential health and safety impacts have been addressed by requiring the applicant to comply with local and state regulations relating to serving alcohol. The applicant will be required to enter into an Enforcement Agreement with the Police Department to ensure compliance with conditions of approval and provide the Police Department with a mechanism should law enforcement need to close down the facility due to alcohol related incidents.

G. Adherence with the recommended Conditions of Approval, included herein, will ensure that the proposed Project will avoid health and safety risks to persons and/or property in the Project vicinity.

SECTION 3: General Plan and Zoning. The proposed project is consistent with the City’s General Plan and Title 16 of the SPMC as follows:

A. The Santa Paula General Plan (2040) land use designation for the property is Central Business District. The zoning district is Central Business District (CBD) which is consistent with the corresponding General Plan land use designation. The subject property is not within any overlay zones.
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B. Pursuant to the General Plan (2040), the purpose of the CBD land use category is to provide a pedestrian-scale commercial district with an emphasis on small-scale businesses intended to serve the local community and tourists. The character of the CBD zone is intended to be that which promotes the historic identity of the past through the creation of an identifiable downtown and an emphasis on architectural style. The CBD zone will support a mix of complementary retail, service, office, civic, cultural, and residential uses. Commercial use such as that proposed are encouraged to concentrate in the Downtown Plan District.

C. Pursuant to SPMC § 16.58.010(A) Development Standards and Use Conditions, “All new sales of alcohol, with the exception of temporary sales as specified in §

16.58.030, must obtain a Conditional Use Permit.”
D. The proposed business would operate under a California Department of Alcohol and Beverage Control Type 47 (Restaurant) on sale general – eating place license which authorizes the sale of beer, wine and distilled spirits for consumption on or off the premises where sold. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises.

E. Pursuant to SPMC § 16.58.010(B) Development Standards and Use Conditions, a new alcohol sales use may only be established in a location such that the proposed use will not contribute to undue concentration of such uses in an area where additional such uses would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, traffic problems and capacity.

The Project site is located in Census Tract 6 of the California Department of Alcoholic Beverage Control’s (ABC) license grid for the City of Santa Paula. According to Department of Alcohol and Beverage Control Census Tract 6 is allowed 7 on sale licenses and 14 exist. Therefore, according to ABC Census Tract 6, the project will contribute to the over-concentration of on-sale licenses. Though over-concentrated with on sale licenses, ABC may still approve the application if the Department determines that issuance of the license will serve the “public convenience or necessity” at this particular location. Under Business and Professions Code Section 23958.4(b)(1), the ABC, and not the City, makes the “public convenience or necessity” finding when an applicant is requesting an on-sale (but not off-sale) ABC license.

Notwithstanding the undue concentration of on-premises alcohol sales, the Planning Commission finds that, upon consideration of the various factors under SPMC §

16.58.010(B), the addition of the use would not produce undesirable effects. It is customary and usual for alcohol sales to be provided by a full service restaurant. In addition, the restaurant is within the CBD zone where other similar uses are encouraged; the consumption of alcohol would be confined to the grounds of the restaurant property; and the use would not create problems of crime and loitering due 183
to the nature and type of the restaurant.

F. Enforcement Agreement required. Pursuant to SPMC § 16.58.010(I) Development Standards and Use Conditions, for any use providing alcohol beverage sales for either on-site or off-site consumption, the property owner/operator/applicant and the City must enter into an Enforcement Agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.

G. The proposed use is consistent with the objectives, policies, general land uses, and programs of the Santa Paula General Plan (2040), as mentioned above in Section 3:

General Plan and Zoning, particularly the following:
 Land Use Element, Community Character and Urban Form: LU1  Land Use Element, Balanced Land Use & Economic Opportunity: LU3  Land Use Element, Extended Business Hours: LU 5.4
 Economic Development and Downtown, Support Existing Businesses: EDD1.1 SECTION 4: Conditional Use Permit. Pursuant to SPMC §16.218.040, the Planning Commission makes the following findings:

1. The proposed use at the particular location is necessary or desirable to provide a service or facilities that will contribute to the general convenience or welfare of the neighborhood or the community;
Consistent. The proposed use, on-site serving of alcohol is a service that contributes to the general convenience of the community by providing its customers with a service commonly found at a full service restaurant. This is a service sought after and enjoyed by a large segment of the community.

2. The characteristics of the proposed use are not unreasonably incompatible with the types of use permitted in the surrounding areas;
Consistent. The existing business is in harmony with the surrounding area because the intended use is commercial in nature, is supportive of a restaurant, and is compatible with the surrounding properties.

3. The proposed use is consistent with the objectives, policies, general land uses, and programs of the Santa Paula General Plan; and
Consistent. The proposed use is consistent with the relevant sections of the governing General Plan (2040), and, the Santa Paula Municipal Code, where applicable. A restaurant is a permitted use in the CBD zoning district and alcohol 184
sales is allowed with the approval of a CUP. Moreover, the proposed use is consistent with the objectives, policies, general land uses and programs of the General Plan (2040), particularly the following:
 Land Use Element, Community Character and Urban Form: LU1  Land Use Element, Balanced Land Use & Economic Opportunity: LU3  Land Use Element, Extended Business Hours: LU 5.4
 Economic Development and Downtown, Support Existing Businesses: EDD1.1

4. The proposed use will not, under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

Consistent. The proposed use will not be detrimental to the health, safety, or general welfare because as proposed and conditioned, the project will comply with all current Planning, Building & Safety, Public Works, Police and Development Code requirements.

5. In making the abovementioned findings, the Planning Commission has considered the following factors.
a. Possible damage or nuisance from noise, glare, smoke, odor, fumes, dust, or vibration;
b. Possible hazard to persons or property from explosion, contamination, or fire; and
c. Possible hazard or inconvenience caused by unusual volume or character of traffic
The sale of alcohol for on-site consumption at the existing restaurant is very unlikely to result in damage or nuisances; hazards from fire, explosion or contamination; or inconveniences caused by unusual traffic. The proposed use will not significantly change the character of the existing restaurant use, which already generates a maximum amount of traffic limited by the building’s capacity. The property will also be subject to all current Planning, Building & Safety, Public Works, Police and Development Code requirements. In addition, the mandatory Enforcement Agreement with the Police Department will ensure compliance with conditions of approval and provide the Police Department with a mechanism should law enforcement need to close down the facility due to alcohol related incidents.

SECTION 5: Environmental Assessment. The proposed Project is Categorically Exempt from the requirements of CEQA, pursuant to the Santa Paula Guidelines and CEQA Guidelines, §15301, (Class 1, Existing Facilities) since the project involves a request to allow the on-site sale of alcohol at an existing restaurant that seeks no expansion of its building footprint at this time.
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SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit “A,” which are incorporated into this Resolution by reference, the Planning Commission grants a Conditional Use Permit for Project No. 2021-CUP-03.

SECTION 7: This Resolution will remain effective until superseded by a subsequent resolution.

SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to the Applicant and to any other person(s) requesting a copy.

SECTION 9: The action of the Planning Commission may be appealed to the City Council within ten (10) calendar days of said action. The appeal fee to the City Council is $5,000.

All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal constitutes a waiver of any right of appeal. 186
Project No. 2021-CUP-03
827 E. Main Street
PASSED AND ADOPTED this 25th day of January 2022.
________________________________
Jason Herber
Chair
City of Santa Paula Planning Commission
ATTEST:

James Mason
Secretary
City of Santa Paula Planning Commission
APPROVED AS TO FORM:

Monica Castillo
Assistant City Attorney
City of Santa Paula
187

EXHIBIT A
RESOLUTION 3832 CONDITIONS OF APPROVAL
188

EXHIBIT A
RESOLUTION NO. 3832

CONDITIONS OF APPROVAL
Project No. 2021-CUP-03
Vince’s Café Inc.
827 E Main Street - APN: 103-0-101-105
In addition to all applicable provisions of the Santa Paula Municipal Code (“SPMC”), Vince’s Café Inc. “(Applicant”) agrees for itself, its heirs and assigns that it will comply with the following provisions as Conditions for the City of Santa Paula’s Approval of Project No. 21-CUP-03 (“Conditions of Approval”).

I. GENERAL CONDITIONS

1. Awareness. The Resolution and these associated Conditions of Approval have been adopted with the knowledge, understanding and consent of the Property Owner/Applicant.

2. Compliance. The Property Owner/Applicant must comply with all applicable ordinances, codes, regulations, policies, and conditions (including those herein) and pay all applicable fees and assessments to the City.

3. Violation. The Property Owner/Applicant’s failure to comply with, or breach of, any Project Condition may result in the amendment or revocation of this Permit, or any related permits, or other enforcement action, as may be appropriate in the case. The City may undertake such acts and incur such expenses as it may consider necessary to effect compliance, the cost thereof including without limitation, administration costs and recoverable attorney’s fees, to be reimbursed by the applicant or current property owners, as may be appropriate in the case.

4. Scrutiny. This permit is subject to an ongoing review. If at any time valid, substantiated complaints are received, a public hearing may be held before the Planning Commission, at the sole discretion of the City, to determine if any condition or the permit should be modified, amended or revoked.

5. Assignment. The permit is granted for the subject Property only and is not transferable.

II. PLANNING

6. Appearances. The applicant must comply with the following:
a. Provide adequate trash and recycling containers to reduce litter; 189
b. No signs advertising any kind of alcoholic beverage, which will be easily visible from the exterior of the business; and
c. Windows must be kept free of signs and other obstructions to allow visual inspection from the outside.

7. Enforcement Agreement. The Property Owner/Applicant and the City must enter into an Enforcement Agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council.

The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.

8. CA ABC License Required. Before the sale of alcohol may commence, the Applicant must obtain California Department of Alcoholic Beverage Control alcohol license Type 47 for the subject location at 827 E. Main Street.

9. CA ABC License Status. Within 7 calendar days of CA ABC status change, the Applicant must notify the Planning Division in writing of any change in the status of its CA ABC license, including any change in the type of license and/or permittee.

10.Applicant must provide specific training to employees on the methods to evaluate persons under the influence, properly refuse service, and to effectively conduct ID checks. Such training is regularly available throughout the region (i.e., Learn2Serve).

11.No alcohol shall be sold on weekdays between the hours of 6:00 pm and 7:00 am.

III. INDEMNIFICATION

12.Indemnification. The Applicant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising from the City’s approval of Project No. 2021-CUP-03.

Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Project No. 2021-CUP-03, the Applicant agrees to defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “the City” includes the City of Santa Paula’s elected officials, appointed officials, officers, and employees.
190
Project No. 2021-CUP-03
By signing this document, the Applicant/Owner certify that it has read, understood, and agrees to the project conditions listed in this document. _______________________________ _____________
Date
Elizabeth Arenas
CEO & Secretary of Vince’s Café Inc.
191
827 E. MAIN STREET- VICINITY MAP
192
193
Project. 21-CUP-03
827 E. MAIN STREET (VINCE’S CAFÉ INC., DBA. EL CAPRICHO)

VIEW OF FRONT

VIEW OF REAR

VIEW OF EAST

VIEW OF WEST
194
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: EXISTING TEMPORARY WATERLINE VACATION - HARVEST AT

LIMONEIRA
Date: April 20, 2022
Agenda Item: 10.I

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council

1. Take action to quitclaim its interest in, and to, the East Area 1 Temporary Access and Waterline Easement.

BACKGROUND:

In order to provide increased water storage and pressure to existing City users, Section 3.2.1 of the Development Agreement requires Limoneira Lewis Community Builders, LLC (Limoneira Lewis) to construct a three-million gallon potable water tank and related water transmission facilities. The tank is fed by a temporary water line that runs over a Temporary Access and Water Line Easement owned by the City. A copy of the Temporary Access and Waterline Easement Deed (Easement Deed), recorded on July 25, 2019 as Document No. 20190725-00084155-0, is attached as Exhibit A and a photo of the temporary water line and easement area (in red) and the future permanent line (in yellow) is attached as Exhibit B.

ANALYSIS:

The Easement Deed is intended to terminate by its own terms at such time as a permanent water pipeline is completed by Limoneira Lewis and a Notice of Completion is filed and recorded. Limoneira Lewis has substantially completed construction of the three-million gallon tank. Currently, there is insufficient demand for water service in the area of the water tank and it has not been placed online; therefore, the permanent water line has not yet been constructed. Limoneira Lewis is aware that the City cannot accept the water tank until the permanent water line is constructed and sufficient demand for water service is achieved within the Harvest at Limoneira development.

Because the Haun Creek Neighborhood is nearly complete, and grading and homebuilding will soon begin in the Foothill Neighborhood, Limoneira Lewis has requested that the City waive the requirement to complete the permanent water line and quitclaim the Easement Deed to facilitate the start of construction activities in the Foothill Neighborhood. A copy of the quitclaim deed is attached as Exhibit C. The permanent water line, which will also run through the 195
Foothill Neighborhood, will be constructed along with other backbone infrastructure in the Foothill Neighborhood. Limoneira Lewis is aware that after abandonment of the temporary water line the existing tank will be without water service until the permanent water line is completed and accepted by the City.

STRATEGIC PLAN:

The approval of this agenda item does not directly address the strategic goals within the City's Strategic Plan.

FISCAL IMPACTS:

There are no direct fiscal impacts associated with this action.

OPTIONS:

The Council has the following available alternative options to staff's recommendation:

1. The Council can decline to quitclaim its interest. Doing so, however, may delay construction activities in the next phase of the Harvest Project (i.e., the Foothill Neighborhood).

ATTACHMENTS:

Exhibit A-Temporary Access and Waterline Easement Deed.pdf Exhibit B-Aerial Photo of Water Lines.pdf
Exhibit C- Quitclaim Deed.pdf
196

EXHIBIT A
Temporary Access and Waterline Easement Deed
197
198
199
200
201
202
203
204
205

EXHIBIT B
Aerial Photo of Water Lines
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207

EXHIBIT C
Quitclaim Deed
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65283.00001\34942456.1

RECORDING REQUESTED BY AND
WHEN RECORDED MAILED TO:

City Clerk
City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
_____________________________________________________________________________________ Space Above This Line for Recorder’s Use Only
APN: 107-0-220-065 No fee per Govt. Code § 27383
_____________________________________________________________________________________

QUITCLAIM DEED
THE CITY OF SANTA PAULA, a California municipal corporation, herein called “Grantor,” does hereby REMISE, RELEASE and QUITCLAIM to LIMONEIRA LEWIS COMMUNITY BUILDERS, LLC, a Delaware limited liability company, herein called “Grantee,” that certain easement and right-of-way for, and those appurtenances and uses commonly associated therewith, though, in, on, over, above, under and across that certain portion of real property located in the City of Santa Paula, County of Ventura, State of California, more particularly described as follows:

See legal description described in Exhibit “A” and depicted on Exhibit “B” attached hereto and made a part hereof
which Grantor acquired by way of that Temporary Access and Waterline Easement Deed, recorded as Document Number 20190725-00084155-0, on July 25, 2019 in the Official Records of the County of Ventura, California. This Quitclaim Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective heirs, administrators, personal representatives, executors, devisees, successors and assigns.

IN WITNESS WHEREOF, this instrument has been executed on this __ day of _________, 2022.

THE CITY OF SANTA PAULA,
a California municipal corporation
By:

Title: City Manager
By:____________________________________
Title: City Clerk
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65283.00001
\34942456.1
210
65283.00001
\34942456.1
211
65283.00001\34942456.1

EXHIBIT A

LEGAL DESCRIPTION
212
65283.00001
\34942456.1
213
65283.00001
\34942456.1
214
65283.00001\34942456.1

EXHIBIT B
215
65283.00001
\34942456.1
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65283.00001
\34942456.1
217
To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS

DELEGATE REPRESENTATIVE
Date: April 20, 2022
Agenda Item: 10.J

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends Council:

Appoint Councilmember Carlos Juarez as the Voting Delegate at the SCAG's 2022 Annual Meeting of the General Assembly on May 5 and 6, 2022.

BACKGROUND:

Southern California Association of Governments (SCAG) convenes the General Assembly to bring together the official representatives of SCAG's membership and help set the agency's course for the coming year.

The 2022 Annual Meeting of the General Assembly will be held at the JW Marriott Desert Springs Resort & Spa, on May 5, 2022. In order for the City of Santa Paula to be represented at this meeting, Council will need to appoint a Voting Delegate/Alternate Representative.

ANALYSIS:

Traditionally, the Mayor serves to represent the City at such regional meetings, however the dates for this Assembly create conflicts for both the Mayor and Vice Mayor. As a result, Councilmember Juarez has agreed to attend the Annual Meeting and represent the City as a voting delegate, pending Council approval.

STRATEGIC PLAN:

FISCAL IMPACTS:

Most costs involved with attending the Assembly will be reimbursed by SCAG.

OPTIONS:

The Council can choose not to participate in this year's SCAG Annual Meeting and reject the appointment of a Councilperson to send to the Meeting.
218
ATTACHMENTS:
219
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: A RECOMMENDATION THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1316 AMENDING CHAPTER 16.58 OF THE SANTA PAULA

MUNICIPAL CODE TO EXCLUDE ESTABLISHMENTS WITHIN THE

CENTRAL BUSINESS DISTRICT FROM THE SEPARATION

REQUIREMENT FOR ONSITE SALE OF ALCOHOL
Date: April 20, 2022
Agenda Item: 11.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Presented by: James Mason, Community Development Director BACKGROUND:

The Santa Paula Municipal Code Chapter 16.58 Alcoholic Beverage Sales, § 16.58.010 (C) Development Standards and Use Conditions states that except for temporary sales of alcohol, sale of alcoholic beverages within 300 feet of a public or private school is prohibited on weekdays between the hours or 7:00 a.m. and 6:00 p.m. (referred to as the “separation requirement”). The Central Business District (CBD), outlined in Attachment C, is generally defined by the geographic boundaries of Main Street from 8th Street to 11th Street.

By eliminating the separation restrictions for on-site sale of alcohol related to school, the City will have the opportunity to attract more dining and entertainment in the Central Business District and support the economic health of our historic downtown corridor.

The City of Santa Paula CBD continues to experience an increase in the number of restaurants interested in serving alcohol. As a result, the increased concentration of on-site alcohol permits coupled with the potential for more requests for such permits will be limited by the proximity of the Central Business District to schools. The proposed ordinance amendment would also allow greater flexibility for downtown businesses serving alcohol on-site and will 220
help to increase revenues and City sales tax generation.

There is currently one school, Vista Charter School, located at 106 N 8th Street adjacent to the eastern border of the CBD. Within the stated separation requirement of 300 feet there are two establishments with on-site alcohol permits that were in operation prior to the opening of the school, Pallazio Event Center at 814 E Main Street and Anna’s Cider at 801 E Main Street. In addition, there are two new alcohol permits under review for restaurants in the CBD, Gunsmoke Barbeque at 817 E Main Street and El Caprichio Restaurant at 827 E Main Street.

Under the current Municipal Code any new on-site alcohol license within the CBD that are within 300 feet of a school will be restricted from selling alcohol during the hours of 7:00 a.m. and 6:00 p.m. during weekdays. The locations of the aforementioned businesses are identified in Attachment C.

ANALYSIS:

The proposed text amendment to the Santa Paula Municipal Code Chapter 16.58 Alcoholic Beverage Sales would exclude businesses within the CBD that apply for on-site sale of alcohol from the separation requirement identified in section 16.58.010 (C). This exception would not apply to establishments requesting off-site alcohol sales. The review and approval processes required by the City’s requisite alcohol enforcement agreement between the City and the property owner/operator/applicant facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine before approval for sale of alcohol on the property. In addition, each application for an alcohol license must apply for a Conditional Use Permit and is subject to the enforcement agreement that requires review and approval by the City Council.

On-site alcohol sales may also be denied by the Department of Alcoholic Beverage Control (ABC) unless the department determines a requested liquor license would serve a “public convenience or necessity”. In general terms, this means the applicant must demonstrate to the department that the business will provide a benefit to the surrounding community that outweighs any concerns related to undue concentration of liquor-serving establishments, crime, or other nuisances (e.g. excessive noise). The ABC may impose conditions on a liquor license to mitigate such concerns and may require a minimum distance from schools, hospitals, and churches.
2040 General Plan Consistency.

Amendments to the Development Code must demonstrate consistency with the Santa Paula 2040 General Plan Land Use and the City’s development policies.

The City Council adopted the General Plan 2040 Update in March 2020. The proposed amendments are consistent with the following elements, policies, and objectives of the 2040 General Plan:

Land Use Element
LU 5 Downtown Revitalization. Appropriate types of new development and investment to stimulate revitalization of the Downtown should be encouraged.

LU 1.2 Commercial and industrial neighborhoods. Encourage the improvement of commercial and industrial neighborhoods that contribute to Santa Paula’s local economy 221
LU 5.4 Extended business hours. Promote land uses that will generate more activity into the evening in commercial areas, especially Downtown.

Economic Development and Downtown Element
EDD 4.c Downtown strategic plan. Work with the Downtown BID to prepare a detailed Strategic Plan for the Downtown. Potential strategy that should be considered in the Plan:

Create a Downtown Entertainment District with an attractive, culturally diverse mix of dining, retail, entertainment activities to draw local residents.

Planning Commission Determination.

At the March 22, 2022 meeting the Planning Commission Adopted Resolution No. 3833 recommending that the City Council adopt an ordinance to amend Chapter 16.58 of the Santa Paula Municipal Code and determined that the proposed amendments are consistent with the objectives of Title 16 of the SPMC, the General Plan, and development policies of the City. (SPMC § 16.208.030.) Staff recommends this determination be made in the affirmative based on the following evidence:

A. The Santa Paula General Plan (2040) land use designation of the area impacted by the propose amendments is the Central Business District. The zoning district for the area is Central Business District (CBD) which is consistent with the corresponding General Plan land use designation.

The character of the CBD zone is intended to be that which promotes the historic identity of the past through the creation of an identifiable downtown and an emphasis on architectural style. The CBD zone will support a mix of complementary retail, service, office, civic, cultural, and residential uses. Commercial use such as restaurants serving alcohol are encouraged to concentrate in the CBD zone.

C. The purpose of Chapter 16.208 Development Code Amendments is to allow for amendment to the Code in recognition of the fact that physical, economic, and other conditions in the city may change over time. Currently, SPMC § 16.58.010 Development Standards and Use Conditions, with the exception of temporary sales as specified in §

16.58.030, to obtain a Conditional Use Permit; and as specified in § 16.58.010(I) and enter into an enforcement agreement. Section 16.58.010 also prohibits the sale of alcoholic beverages within 300 feet of a public or private school on weekdays between 7:00 am and 6:00 pm. The proposed amendments are consistent with Title 16 of the SPMC because it accommodates the changing economic conditions in the CBD. In addition, the amendment is incremental in nature, as it does not eliminate the Conditional Use Permit requirement or the enforcement agreement requirement, and several businesses within the CBD already legally sell alcohol for on-site consumption.

D. The proposed code amendments are consistent with the objectives, policies, general land uses, and programs of the Santa Paula General Plan (2040), as described in the section titled “2040 General Plan Consistency” and Paragraph A. below, particularly the 222
following:

Land Use Element, Community Character and Urban Form : LU1 Land Use Element, Balanced Land Use & Economic Opportunity: LU3 Land Use Element, Extended Business Hours: LU 5.4
Economic Development and Downtown, Support Existing Businesses: EDD1.1 Recommended Findings to City Council.

Before approving the proposed amendments, the City Council must make three mandatory findings of fact set forth in SPMC §16.208.050. Staff recommends that the City Council make the following findings.

A. The proposed code amendments are consistent with the goals, policies, and objectives of the General Plan. Consistent with Land Use Policy LU 1 (Community Character and Urban Form), the proposed amendments will enhance the small-town character of the City and preserve the traditional Downtown environment by permitting full-service restaurants in a concentrated area that promote pedestrian traffic. The proposed amendments are also consistent with Land Use Policy LU 3 (Balanced Land Use & Economic Opportunity), as they will allow for new development providing a greater range of services, amenities, and employment opportunities. The amendments will implement Land Use Policy LU 5.4 (Extended Business Hours), which is to promotion of land uses that will generate more activity in to the evening in commercial areas, especially Downtown. In addition, the amendments are consistent with Economic Development and Downtown Policy EDD 1.1 (Support Existing Businesses) because allowing full-service restaurants to serve alcohol will attract patrons to surrounding businesses in Downtown.

Nothing in the proposed amendments would create an inconsistency with the goals, policies and objectives of the 2040 General Plan.

B. The proposed code amendments will not adversely affect surrounding properties. The proposed amendments will not adversely affect surrounding properties because the sale of alcohol for on-site consumption will still require a Conditional Use Permit from the City, will still require an enforcement agreement to address alcohol-related complaints, including closure of a problematic business, and will still be subject to a “public convenience or necessity” determination from the Department of Alcoholic Beverage Control (ABC) in order to obtain an on-site liquor license. Though there are pending permits from two restaurants located within the CBD (Gunsmoke Barbeque at 817 E Main Street and El Caprichio Restaurant at 827 E Main Street) that would no longer be prohibited by the City from serving alcohol onsite if the proposed amendments were adopted, ABC retains the authority to impose more stringent conditions than the City, including minimum distance requirements from schools, churches, and hospitals. In addition, nothing precludes the City from imposing conditions of approval that are unique to a site to mitigate adverse effects on surrounding properties.

C. The proposed code amendments promote public health, safety, and general welfare and serves the goals and purposes of Title 16. The public health, safety, and general welfare will be promoted by allowing greater flexibility for Downtown businesses serving alcohol on-site and will help to increase revenues and City sales tax generation. Residents and tourists are drawn to venues that responsibly serve alcohol. The amendments are limited to uses in the CBD zone, do not affect off-site sales (i.e. liquor stores), and is expected to increase social interaction and community-building. In addition, the amendments are 223
intended to manage the increasing interest from existing and prospective Downtown businesses to serve alcohol on-site. For the reasons described in paragraphs B. and C. of the section in this report titled “Planning Commission Determination”, the proposed amendments will serve the goals and purposes of Title 16 of the SPMC.

ENVIRONMENTAL REVIEW (CEQA):

The City reviewed the proposed ordinance’s environmental impacts pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 California Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines (“Santa Paula Guidelines”).

CEQA, CEQA Guidelines and Santa Paula Guidelines collectively referred to as “CEQA Regulations”.

State CEQA Guidelines sections 15378(b)(2) and 15378(b)(5) provide that ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). And, even if the proposed text amendments were a “project” they are exempt from CEQA under CEQA Guidelines section 15601(b)(3)’s “common sense” rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the proposed elimination of the separation requirement for on-site sale of alcohol within the Central Business District will have a significant effect on the environment.

Alternatively, to the extent they apply to existing businesses, the proposed amendments are categorically exempt from the requirements of CEQA, pursuant to the Santa Paula Guidelines and CEQA Guidelines, § 15301, Class 1 (Existing Facilities). The licensing of a few existing restaurants to serve alcohol onsite in the CBD zone involves a negligible expansion of an existing or former use. In addition, since alcohol beverage sales subject to a conditional use permit is an existing permitted use in the CBD zone, new establishments that qualify for onsite alcohol sales represent a negligible expansion of an existing use, and thus also fall within the Class 1 exemption.

STRATEGIC PLAN:

B. Economic Development
Goal: Enhance the economic vitality of the community through measures targeted towards development and business retention and expansion and attraction, resulting in diverse housing options, increased revenue generation, job creation, and a business-friendly community.

The proposed ordinance amendment will allow greater flexibility for downtown businesses serving alcohol on-site that will foster an environment that will help retain and attract businesses and as a result will increased revenue generation, job creation, and a businessfriendly community.

FISCAL IMPACTS:

There are no fiscal impacts associated with the amendment. All applicants are required to pay associated fees for approval of an alcohol permit.
224
OPTIONS:

The following alternatives to Staff’s recommendation are available to the City Council:

Continue the hearing in order to obtain further information, and announce the time and place to which the hearing will be continued;
Approve Staff’s recommendation, but with amendments to the proposed ordinance; or Deny Staff’s request and direct staff to prepare a Resolution of Denial.

ATTACHMENTS:

ATTACHMENT A., ORDINANCE NO. 1316 CODE AMENDMENT (CBD Exception to Alcohol Sales Distance).pdf
ATTACHMENT B., RESOLUTION NO. 3833 CODE AMENDMENT (CBD Exception to Alcohol Sales Distance)FINAL.docx
ATTACHMENT C MAP.pdf
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ATTACHMENT A
ORDINANCE NO. 1316
AMENDING CHAPTER 16.58 OF THE SANTA PAULA

MUNICIPAL CODE TO EXCLUDE ESTABLISHMENTS WITHIN

THE CENTRAL BUSINESS DISTRICT FROM THE

SEPARATION REQUIREMENT FOR ON-SITE SALE OF

ALCOHOL
226
ORDINANCE NO. 1316
AN ORDINANCE AMENDING CHAPTER 16.58 OF THE SANTA PAULA

MUNICIPAL CODE TO EXCLUDE ESTABLISHMENTS WITHIN THE

CENTRAL BUSINESS DISTRICT FROM THE SEPARATION

REQUIREMENT FOR ON-SITE SALE OF ALCOHOL
The City Council of the City of Santa Paula does ordain as follows:

SECTION 1: The City Council finds and declares that:

A. Santa Paula Municipal Code (“SPMC”) § 16.58, prohibits, except for temporary sales of alcohol, the sale of alcoholic beverages within 300 feet of a public or private school on weekdays between the hours or 7:00 a.m. and 6:00 p.m. (referred to as the “separation requirement”). The proposed Development Code (“Code”) amendments would eliminate this requirement for on-site sale of alcohol within the Central Business District, defined by the geographic area on Main street between 8th street and 11th Street.

B. The proposed amendment was reviewed by the City’s Planning Division for, in part, consistency with the General Plan and conformity with the Santa Paula Municipal Code;
C. The City Planning Division reviewed the proposed amendments’ environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated there under (14 Cal.

Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines (“Santa Paula Guidelines”; CEQA, CEQA Guidelines and Santa Paula Guidelines collectively referred to as “CEQA Regulations”); SECTION 2: Factual Findings and Conclusions. Pursuant to SPMC Title 16 Development Code, the City Council makes the following findings:

A. The request to amend SPMC § 16.58 to exclude establishments within the Central Business District from the separation requirement for on-site sale of alcohol is consistent with the character and intent of uses within the Central Business District.

B. The proposed amendments to the Code are not expected to have a negative impact on the Central Business District nor the surrounding properties. All alcohol license applicants are required, under SPMC § 16.58.010(I), to comply with an enforcement agreement that will provide the Police Department with the ability to quickly respond to violations and ensure compliance. The land use is supportive of and will not negatively affect the demand of existing on-site services including City services. 227
C. The proposed amendments to the Code are desirable to encourage services and facilities which will contribute to the general convenience or welfare of the neighborhood or community because eliminating the separation requirement for onsite sale of alcohol within the Central Business District will enhance services that are sought and enjoyed by a large segment of the community. The proposed amendment is also compatible with the existing, surrounding and planned land uses within the vicinity.

D. The characteristics of the proposed amendments are not unreasonable or incompatible with the types of uses in the surrounding area, such as other restaurant and commercial uses along Main Street. Any potential health and safety impacts will be addressed by requiring an applicant for alcohol permits to comply with local and state regulations relating to serving alcohol. All applicants will be required to enter into an enforcement agreement with the Police Department to ensure compliance with conditions of approval and provide the Police Department with a mechanism to close down the establishment due to alcohol related incidents, if needed.

SECTION 3: General Plan and Development Objectives. Pursuant to SPMC §

16.208.030, the City Council determines that the proposed amendments are consistent with the objectives of Title 16 of the SPMC, the General Plan, and development policies of the City as follows:

A. The Santa Paula General Plan (2040) land use designation of the area impacted by the proposed amendments is the Central Business District. The zoning district for the area is Central Business District (CBD) which is consistent with the corresponding General Plan land use designation.

16.58.010(I) and enter into an enforcement agreement. Section 16.58.010 also prohibits the sale of alcoholic beverages within 300 feet of a public or private school on weekdays between 7:00 am and 6:00 pm. The proposed amendments are consistent with Title 16 of the SPMC because it accommodates the changing economic conditions in the CBD. In addition, the amendment is incremental in nature, 228
as it does not eliminate the Conditional Use Permit requirement or the enforcement agreement requirement, and several businesses within the CBD already legally sell alcohol for on-site consumption.

D. The proposed code amendments are consistent with the objectives, policies, general land uses, and programs of the Santa Paula General Plan (2040), as further described below in Section 4, particularly the following:
 Land Use Element, Community Character and Urban Form: LU1  Land Use Element, Balanced Land Use & Economic Opportunity: LU3  Land Use Element, Extended Business Hours: LU 5.4
 Economic Development and Downtown, Support Existing Businesses: EDD1.1 SECTION 4: Development Code Amendments. Pursuant to SPMC §16.208.050, the City Council makes the following findings:

A. The proposed code amendments are consistent with the goals, policies, and objectives of the General Plan. Consistent with Land Use Policy LU 1 (Community Character and Urban Form), the proposed amendments will enhance the smalltown character of the City and preserve the traditional Downtown environment by permitting full-service restaurants in a concentrated area that promote pedestrian traffic. The proposed amendments are also consistent with Land Use Policy LU 3 (Balanced Land Use & Economic Opportunity), as they will allow for new development providing a greater range of services, amenities, and employment opportunities. The amendments will implement Land Use Policy LU 5.4 (Extended Business Hours), which is to promotion of land uses that will generate more activity in to the evening in commercial areas, especially Downtown. In addition, the amendments are consistent with Economic Development and Downtown Policy EDD 1.1 (Support Existing Businesses) because allowing full-service restaurants to serve alcohol will attract patrons to surrounding businesses in Downtown.

Nothing in the proposed amendments would create an inconsistency with the goals, policies and objectives of the 2040 General Plan.

B. The proposed code amendments will not adversely affect surrounding properties .

The proposed amendments will not adversely affect surrounding properties because the sale of alcohol for on-site consumption will still require a Conditional Use Permit from the City, will still require an enforcement agreement to address alcohol-related complaints, including closure of a problematic business, and will still be subject to a “public convenience or necessity” determination from the Department of Alcoholic Beverage Control (ABC) in order to obtain an on-site liquor license. Though there are pending permits from two restaurants located within the CBD (Gunsmoke Barbeque at 817 E Main Street and El Caprichio Restaurant at 827 E Main Street) that would no longer be prohibited by the City from serving alcohol onsite if the proposed amendments were adopted, ABC retains the authority to impose more stringent conditions than the City, including 229
minimum distance requirements from schools, churches, and hospitals. In addition, nothing precludes the City from imposing conditions of approval that are unique to a site to mitigate adverse effects on surrounding properties.

C. The proposed code amendments promote public health, safety, and general welfare and serves the goals and purposes of Title 16. The public health, safety, and general welfare will be promoted by allowing greater flexibility for Downtown businesses serving alcohol on-site and will help to increase revenues and City sales tax generation. Residents and tourists are drawn to venues that responsibly serve alcohol. The amendments are limited to uses in the CBD zone, do not affect off-site sales (i.e. liquor stores), and is expected to increase social interaction and community-building. In addition, the amendments are intended to manage the increasing interest from existing and prospective Downtown businesses to serve alcohol on-site. For the reasons described in paragraphs B. and C. of Section 3, the proposed amendments will serve the goals and purposes of Title 16 of the SPMC.

SECTION 5: Environmental Assessment. State CEQA Guidelines sections 15378(b)(2) and 15378(b)(5) provide that ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). And even if the proposed text amendments were a “project” they are exempt from CEQA under CEQA Guidelines section 15601(b)(3)’s “common sense” rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the proposed elimination of the separation requirement for on-site sale of alcohol within the Central Business District will have a significant effect on the environment.

Alternatively, to the extent they apply to existing businesses, the proposed amendments are categorically exempt from the requirements of CEQA, pursuant to the Santa Paula Guidelines and CEQA Guidelines, § 15301, Class 1 (Existing Facilities). The licensing of a few existing restaurants to serve alcohol onsite in the CBD zone involves a negligible expansion of an existing or former use. In addition, since alcohol beverage sales, subject to obtaining a conditional use permit, is an existing permitted use in the CBD zone, new establishments that might qualify for onsite alcohol sales represent a negligible expansion of an existing use, and also fall within the Class 1 exemption.

SECTION 6: Section 16.58 of the Santa Paula Municipal Code, entitled “Alcoholic Beverage Sales” is hereby amended in its entirety to read as follows:

Any use providing alcohol beverage sales for either on-site or off-site consumption is subject to the following standards and conditions on use:
(A) All new sales of alcohol, with the exception of temporary sales as specified in §

16.58.030 of this chapter, must obtain a Conditional Use Permit. 230
(B) A new alcohol sales use may only be established in a location such that the proposed use will not contribute to undue concentration of such uses in an area where additional such uses would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, traffic problems and capacity. (C) Except for temporary sales of alcohol citywide; and for alcohol sales for on-site consumption within the Central Business District, sale of alcoholic beverages within 300 feet of a public or private school is prohibited on weekdays between the hours or 7:00 a.m. and 6:00 p.m.;
(D) The proposed use must not adversely affect adjacent or nearby properties. (E) Adequate litter receptacles must be provided.
(F) Where the proposed use is near residential uses, it must be limited in hours of operation, or designed and operated, so as to avoid disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
(G) No signs advertising any kind of alcoholic beverage, including beer, which will be easily visible from the exterior of the business will be permitted. (H) Windows must be kept free of signs and other obstructions to allow visual inspection from the outside.
(I) The property owner/operator/applicant and the city must enter into an enforcement agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.
(J) No provision in this section is intended to conflict with the authority of the State of California Bureau of Alcoholic Beverage Control (ABC) to issue alcohol sales licenses.

Before commencing the proposed use, applicants seeking a Conditional Use Permit for new alcohol sales are required to obtain the appropriate license from ABC in accordance with state law.

16.58.020 EXISTING BUSINESSES.
(A) Any establishment that has continuously held an active alcohol sales license from the State of California Bureau of Alcoholic Beverage Control (ABC) to sell alcoholic beverages as of a date before July 6, 2004 (the date when the city's requirement for a Conditional Use Permit went into effect), is exempt from the provisions of this chapter; provided, however, that no expansion of the use will be permitted without the facility complying with the provisions of this chapter, including the securing of a Conditional Use 231
Permit. Expansion includes any increase in square footage of a business, or request for increase in license privileges on or after July 6, 2004. (B) Notwithstanding the exemption from this chapter under Subsection (A), all sales of alcohol legally established prior to July 6, 2004 (the date when the city's requirement for a Conditional Use Permit went into effect) will expire in the event that the licensee or owner closes the establishment for more than 30 days, except in the case of a remodeling, fire, natural disaster, or other physical calamity beyond the control of the owner. In such cases, the use will expire within one year.

16.58.030 TEMPORARY SALES OF ALCOHOLIC BEVERAGES.
(A) Notwithstanding the provisions of Chapter 16.15 (Commercial Zones), sales of alcoholic beverages may take place for a maximum of one day without the necessity of obtaining a conditional use permit. Such one-day events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades which have been approved by the City Council. However, this prohibition does not preclude the sale of alcohol at these community events if approved by the City Council.
(B) Temporary sales lasting not more than three days, or any portion thereof over one, must be approved in advance by the City Council. The Council may establish conditions regarding such sales to assure compliance with city codes and the health, safety and welfare of the public. The City Council may deny such requests if it finds that the prior history of the organization or individual requesting the sale warrants such a denial or if the potential impacts of traffic congestion, loitering, crime, public drunkenness or other problems appear to be of a magnitude that cannot be overcome through the imposition of conditions. Such events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades that have been approved by the City Council. However, this prohibition will not preclude the sale of alcohol at the site of these community events if approved by the City Council.

SECTION 7: Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Santa Paula Municipal Code.

SECTION 8: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of 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 adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 9: The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and 232
against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED AND ADOPTED this 20th day of April 2022. ________________________________
Jenny Crosswhite, Mayor
ATTEST:

Julie Latshaw, City Clerk
APPROVED AS TO FORM:

John Cotti, City Attorney
233

EXHIBIT A
Santa Paula Municipal Code (“SPMC”) Chapter 16.58 is hereby amended to exclude establishments within the Central Business District (CBD) zone from the separation requirement for the on-site sale of alcohol. Strikethrough text indicates deletions and underlined text indicates additions.

CHAPTER 16.58: ALCOHOLIC BEVERAGE SALES
Section

16.58.010 Development standards and use conditions

16.58.020 Existing businesses

16.58.030 Temporary sales of alcoholic beverages

16.58.010 DEVELOPMENT STANDARDS AND USE CONDITIONS.

16.58.030 of this chapter, must obtain a Conditional Use Permit. (B) A new alcohol sales use may only be established in a location such that the proposed use will not contribute to undue concentration of such uses in an area where additional such uses would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, traffic problems and capacity. (C) Except for temporary sales of alcohol citywide and for alcohol sales for on-site consumption within the Central Business District, sale of alcoholic beverages within 300 feet of a public or private school is prohibited on weekdays between the hours or 7:00 a.m. and 6:00 p.m.;
(D) The proposed use must not adversely affect adjacent or nearby properties. (E) Adequate litter receptacles must be provided.
(F) Where the proposed use is near residential uses, it must be limited in hours of operation, or designed and operated, so as to avoid disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
(G) No signs advertising any kind of alcoholic beverage, including beer, which will be easily visible from the exterior of the business will be permitted. 234
(H) Windows must be kept free of signs and other obstructions to allow visual inspection from the outside.
(I) The property owner/operator/applicant and the city must enter into an enforcement agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.
(J) No provision in this section is intended to conflict with the authority of the State of California Bureau of Alcoholic Beverage Control (ABC) to issue alcohol sales licenses.

Before commencing the proposed use, applicants seeking a Conditional Use Permit for new alcohol sales are required to obtain the appropriate license from ABC in accordance with state law.

16.58.020 EXISTING BUSINESSES.
(A) Any establishment, upon the effective date of this chapter, that has continuously held currently holding an active alcohol sales license from the State of California Bureau of Alcoholic Beverage Control (ABC) to sell alcoholic beverages as of a date before July 6, 2004 (the date when the city's requirement for a Conditional Use Permit went into effect), is exempt from the provisions of this chapter; provided, however, that no expansion of the use will be permitted without the facility complying with the provisions of this chapter, including the securing of a Conditional Use Permit. Expansion includes any increase in square footage of a business, or request for increase in license privileges on or after July 6, 2004after the effective date of this chapter. (B) Notwithstanding the exemption from this chapter under Subsection (A), all sales of alcohol legally established prior to July 6, 2004 (the date when the city's requirement for a Conditional Use Permit went into effect) will expire in the event that the licensee or owner closes the establishment for more than 30 days, except in the case of a remodeling, fire, natural disaster, or other physical calamity beyond the control of the owner. In such cases, the use will expire within one year.

16.58.030 TEMPORARY SALES OF ALCOHOLIC BEVERAGES.
(A) Notwithstanding the provisions of Chapter 16.15 (Commercial Zones), sales of alcoholic beverages may take place for a maximum of one day without the necessity of obtaining a conditional use permit. Such one-day events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades which have been approved by the City Council. However, this prohibition does not preclude the sale of alcohol at these community events if approved by the City Council.
235
(B) Temporary sales lasting not more than three days, or any portion thereof over one, must be approved in advance by the City Council. The Council may establish conditions regarding such sales to assure compliance with city codes and the health, safety and welfare of the public. The City Council may deny such requests if it finds that the prior history of the organization or individual requesting the sale warrants such a denial or if the potential impacts of traffic congestion, loitering, crime, public drunkenness or other problems appear to be of a magnitude that cannot be overcome through the imposition of conditions. Such events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades that have been approved by the City Council. However, this prohibition will not preclude the sale of alcohol at the site of these community events if approved by the City Council.
236

ATTACHMENT B
PLANNING COMMISSION RESOLUTION NO. 3833
& DRAFT ORDINANCE AMENDMENT
237
RESOLUTION NO. 3833

A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND CHAPTER 16.58 OF THE

SANTA PAULA MUNICIPAL CODE TO EXCLUDE ESTABLISHMENTS WITHIN THE

CENTRAL BUSINESS DISTRICT FROM THE SEPARATION REQUIREMENT FOR

ON-SITE SALE OF ALCOHOL
The Planning Commission of the City of Santa Paula does resolve as follows:

SECTION 1: The Planning Commission finds and declares that:

Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines (“Santa Paula Guidelines”; CEQA, CEQA Guidelines and Santa Paula Guidelines collectively referred to as “CEQA Regulations”); D. The Planning Division completed its review and scheduled a public hearing regarding the application before this Commission for March 22, 2022; E. On March 22, 2022, the Commission opened a public hearing to receive public testimony and other evidence regarding the proposed amendments; F. The Commission considered the information provided by City staff and public testimony. This Resolution, and its findings, are made based upon the evidence presented to the Commission at its March 22, 2022 hearing including, without limitation, the staff report submitted by the Planning Division.

SECTION 2: Factual Findings and Conclusions. Pursuant to SPMC Title 16 Development Code, the Planning Commission finds that the following facts exist:
238
A. The request to amend SPMC § 16.58 to exclude establishments within the Central Business District from the separation requirement for on-site sale of alcohol is consistent with the character and intent of uses within the Central Business District.

C. The proposed amendments to the Code are desirable to encourage services and facilities which will contribute to the general convenience or welfare of the neighborhood or community because eliminating the separation requirement for onsite sale of alcohol within the Central Business District will enhance services that are sought and enjoyed by a large segment of the community. The proposed amendment is also compatible with the existing, surrounding and planned land uses within the vicinity.

SECTION 3: General Plan and Development Objectives. Pursuant to SPMC §

16.208.030, the Planning Commission determines that the proposed amendments are consistent with the objectives of Title 16 of the SPMC, the General Plan, and development policies of the City as follows:

B. Pursuant to the General Plan (2040) and SPMC § 16.15.010, the purpose of the CBD land use designation/zone is to provide a pedestrian-scale commercial district with an emphasis on small-scale businesses intended to serve the local community and tourists. The character of the CBD zone is intended to be that which promotes the historic identity of the past through the creation of an identifiable downtown and an emphasis on architectural style. The CBD zone will support a mix of complementary retail, service, office, civic, cultural, and residential uses. Commercial use such as restaurants serving alcohol are encouraged to concentrate in the CBD zone. 239
C. The purpose of Chapter 16.208 Development Code Amendments is to allow for amendment to the Code in recognition of the fact that physical, economic, and other conditions in the city may change over time. Currently, SPMC § 16.58.010 Development Standards and Use Conditions, with the exception of temporary sales as specified in § 16.58.030, to obtain a Conditional Use Permit; and as specified in §

16.58.010(I) and enter into an enforcement agreement. Section 16.58.010 also prohibits the sale of alcoholic beverages within 300 feet of a public or private school on weekdays between 7:00 am and 6:00 pm. The proposed amendments are consistent with Title 16 of the SPMC because it accommodates the changing economic conditions in the CBD. In addition, the amendment is incremental in nature, as it does not eliminate the Conditional Use Permit requirement or the enforcement agreement requirement, and several businesses within the CBD already legally sell alcohol for on-site consumption.

A. The proposed code amendments are consistent with the goals, policies, and objectives of the General Plan. Consistent with Land Use Policy LU 1 (Community Character and Urban Form), the proposed amendments will enhance the smalltown character of the City and preserve the traditional Downtown environment by permitting full-service restaurants in a concentrated area that promote pedestrian traffic. The proposed amendments are also consistent with Land Use Policy LU 3 (Balanced Land Use & Economic Opportunity), as they will allow for new development providing a greater range of services, amenities, and employment opportunities. The amendments will implement Land Use Policy LU 5.4 (Extended Business Hours), which is to promotion of land uses that will generate more activity in to the evening in commercial areas, especially Downtown. In addition, the amendments are consistent with Economic Development and Downtown Policy EDD 1.1 (Support Existing Businesses) because allowing full-service restaurants to serve alcohol will attract patrons to surrounding businesses in Downtown.

Nothing in the proposed amendments would create an inconsistency with the goals, policies and objectives of the 2040 General Plan. 240
B. The proposed code amendments will not adversely affect surrounding properties .

The proposed amendments will not adversely affect surrounding properties because the sale of alcohol for on-site consumption will still require a Conditional Use Permit from the City, will still require an enforcement agreement to address alcohol-related complaints, including closure of a problematic business, and will still be subject to a “public convenience or necessity” determination from the Department of Alcoholic Beverage Control (ABC) in order to obtain an on-site liquor license. Though there are pending permits from two restaurants located within the CBD (Gunsmoke Barbeque at 817 E Main Street and El Caprichio Restaurant at 827 E Main Street) that would no longer be prohibited by the City from serving alcohol onsite if the proposed amendments were adopted, ABC retains the authority to impose more stringent conditions than the City, including minimum distance requirements from schools, churches, and hospitals. In addition, nothing precludes the City from imposing conditions of approval that are unique to a site to mitigate adverse effects on surrounding properties.

C. The proposed code amendments promote public health, safety, and general welfare and serves the goals and purposes of Title 16. The public health, safety, and general welfare will be promoted by allowing greater flexibility for Downtown businesses serving alcohol on-site and will help to increase revenues and City sales tax generation. Residents and tourists are drawn to venues that responsibly serve alcohol. The amendments are limited to uses in the CBD zone, do not affect off-site sales (i.e. liquor stores), and is expected to increase social interaction and community-building. In addition, the amendments are intended to manage the increasing interest from existing and prospective Downtown businesses to serve alcohol on-site. For the reasons described in paragraphs B. and C. of Section 3, the proposed amendments will serve the goals and purposes of Title 16 of the SPMC.

Alternatively, to the extent they apply to existing businesses, the proposed amendments are categorically exempt from the requirements of CEQA, pursuant to the Santa Paula Guidelines and CEQA Guidelines, § 15301, Class 1 (Existing Facilities). The licensing of a few existing restaurants to serve alcohol onsite in the CBD zone involves a negligible expansion of an existing or former use. In addition, since alcohol beverage sales, subject 241
to obtaining a conditional use permit, is an existing permitted use in the CBD zone, new establishments that might qualify for onsite alcohol sales represent a negligible expansion of an existing use, and also fall within the Class 1 exemption.

SECTION 6: Recommendation. The Planning Commission recommends that the City Council:

Adopt an ordinance amending Chapter 16.58 of the Santa Paula Municipal Code, attached as Exhibit “A” hereto, to exclude establishments within the Central Business District (CBD) from the separation requirement for on-site sale of alcohol; and find that the ordinance is not a “project” or is otherwise exempt from CEQA.

SECTION 7: Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 8: Summaries of Information. All summaries of information in the findings, which precede this section, are based on substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 9: The Secretary is directed to transmit the Resolution to the City Clerk for scheduling the matter for consideration by the City Council.

SECTION 10: This Resolution may be appealed within ten (10) calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period.

Failure to file a timely written appeal will constitute a waiver of any right of appeal.

SECTION 11: This Resolution is advisory to the City Council and will take effect immediately upon adoption.

PASSED AND ADOPTED this 22th day of March 2022.
________________________________
Jason Herber
Chair
City of Santa Paula Planning Commission
ATTEST:
242

James Mason
Secretary
City of Santa Paula Planning Commission
APPROVED AS TO FORM:

Monica Castillo
Assistant City Attorney
City of Santa Paula
243

CHAPTER 16.58: ALCOHOLIC BEVERAGE SALES
Section

16.58.010 Development standards and use conditions

16.58.020 Existing businesses

16.58.030 Temporary sales of alcoholic beverages

16.58.010 DEVELOPMENT STANDARDS AND USE CONDITIONS.

16.58.030 of this chapter, must obtain a Conditional Use Permit. (B) A new alcohol sales use may only be established in a location such that the proposed use will not contribute to undue concentration of such uses in an area where additional such uses would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, traffic problems and capacity. (C) Except for temporary sales of alcohol and for alcohol sales for on-site consumption within the Central Business District, sale of alcoholic beverages within 300 feet of a public or private school is prohibited on weekdays between the hours or 7:00 a.m. and 6:00 p.m.;
(D) The proposed use must not adversely affect adjacent or nearby properties. (E) Adequate litter receptacles must be provided.
(F) Where the proposed use is near residential uses, it must be limited in hours of operation, or designed and operated, so as to avoid disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
(G) No signs advertising any kind of alcoholic beverage, including beer, which will be easily visible from the exterior of the business will be permitted. 244
(H) Windows must be kept free of signs and other obstructions to allow visual inspection from the outside.
(I) The property owner/operator/applicant and the city must enter into an enforcement agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.
(J) No provision in this section is intended to conflict with the authority of the State of California Bureau of Alcoholic Beverage Control (ABC) to issue alcohol sales licenses.

Before commencing the proposed use, applicants seeking a Conditional Use Permit for new alcohol sales are required to obtain the appropriate license from ABC in accordance with state law.

16.58.030 TEMPORARY SALES OF ALCOHOLIC BEVERAGES.
(A) Notwithstanding the provisions of Chapter 16.15 (Commercial Zones), sales of alcoholic beverages may take place for a maximum of one day without the necessity of obtaining a conditional use permit. Such one-day events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades which have been approved by the City Council. However, this prohibition does not preclude the sale of alcohol at these community events if approved by the City Council.
245
(B) Temporary sales lasting not more than three days, or any portion thereof over one, must be approved in advance by the City Council. The Council may establish conditions regarding such sales to assure compliance with city codes and the health, safety and welfare of the public. The City Council may deny such requests if it finds that the prior history of the organization or individual requesting the sale warrants such a denial or if the potential impacts of traffic congestion, loitering, crime, public drunkenness or other problems appear to be of a magnitude that cannot be overcome through the imposition of conditions. Such events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades that have been approved by the City Council. However, this prohibition will not preclude the sale of alcohol at the site of these community events if approved by the City Council.
246

ATTACHMENT B

CENTRAL BUSINESS DISTRICT - BUSINESSES WITH ON-SITE ALCOHOL PERMITS (EXISITNG AND PROPOSED)

1. ANNA’S CIDER 801 EAST MAIN ST

2. GUNSMOKE BBQ 817 EAST MAIN ST

3. PALLAZIO EVENT CENTER 814 EAST MAIN ST

4. EL CAPRICHO 827 EAST MAIN ST

5. RABALAIS BISTRO 861 EAST MAIN ST

6. THE DRAFT 930 EAST MAIN ST

7. SANTA PAULA CRAFT & KITCHEN 932 EAST MAIN ST

8. LOS ARCOS CAFÉ 978 EAST MAIN ST

9. LA TERRAZA 1000 EAST MAIN ST

10. LA TERRAZA EVENT HALL 1008 EAST MAIN ST

11. PARQUE 1055 BAR & GRILL 1055 EAST MAIN ST
1 2 4
3 5
6 7
8 9
11 10
ACTIVE LICENSE PROPOSED LICENSE EXISITNG SCHOOL SITE 247 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: 5-YEAR PAVEMENT MANAGEMENT PLAN UPDATE
Date: April 20, 2022
Agenda Item: 12.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

The City’s street network consists of approximately 55 centerline miles that equate to approximately 180 lane miles. Based on the 2021 Pavement Condition Index (PCI) Report, the average PCI for all Santa Paula streets is 52, which is within the classification range of ‘fair’ condition. This reflects an improvement in PCI largely due to the extensive paving efforts which have been accomplished in the past 2 fiscal years.

Before 2018, the City did not have a long-term formal pavement management plan to maintain and rehabilitate the City’s streets. For the previous 25 years, the City focused primarily on reconstructing and rehabilitating its failing streets at a very costly improvement rate of 1.1 miles per year. With 55 centerline miles, continuing this approach would take 50 years to address all city streets. Furthermore, after newly constructed roads were finished, they were not being maintained resulting in a significantly shorter service life.

On June 19, 2019, the Public Works Department presented a 5-Year Pavement Management Plan (PMP) within a 20-year forecast to the City Council for review and adoption. This plan would guide the improvement and maintenance program for all City streets moving forward.

On May 6, 2020, the City Council approved Resolution 7270 (Exhibit A) adopting the 5-year Pavement Management Plan (FY 2020-2021 to FY 2024-2025) requiring staff to annually update the plan and address the status of road pavement conditions with the City. This report and updated plan addresses this requirement and the 5-year plan for the upcoming 2022-2023 FY Pavement Management Plan.
248
ANALYSIS:

The Public Works Department developed the PMP using the 2016 Pavement Condition Index data (updated 2020) and best pavement management practices. The ultimate goal of the PMP is to maximize the use of available funds to maintain and improve the City’s overall Pavement Condition Index. The specific objectives included:

1. Perform street maintenance regularly to extend the service life of existing roads.

2. Use pavement preservation and rehabilitation strategies to improve more roads within limited funding projections.

3. Coordinate with sewer and water utility projects to maximize use of available funding sources.

PREVIOUS FY 2021-2022 COMPLETED STREETS:

In the previous FY, Public Works was able to complete an ambitious program of paving, aided to a considerable degree by utilization of thin-lift overlay technology that has been developed and tested by the City in previous years and is performing well. The use of this technology has allowed for the paving of a greater number of streets in a given fiscal year, thus accelerating the performance of the overall PMP and the improvement of the City-wide PCI.

Table 1 in Exhibit B describes the low PCI streets that were included and completed in the 2021-2022 FY Paving Program. In addition to maintaining streets in the public right-of-way the City’s Corporate Yard underwent paving maintenance and minor drainage improvements. This City paving project was deemed of high importance due to continuous flooding during storm events and water damage at the City’s Corporate Yard facilities. Economies in the City’s use of thin lift overlay technology allowed for completion of additional street segments in the southwest portion of the City, including portions of Santa Maria, Acacia and associated side streets. Street segments south of Harvard between Steckel and Peck were completed with spring paving efforts funded by unallocated Measure T funds, allowing for the completion of nearly all residential streets in this portion of the City. Such completion allows future PMP FY efforts to shift eastward to address centrally located residential streets and collectors, and to begin to address a greater number of street segments on the eastern side of the City.

Completed street segments are listed in Table 1.

CURRENT FY 2022-2023 PROPOSED STREETS:

The streets listed in Table 2 in Exhibit B, include a combination of arterial, collector and residential streets. The FY 2022-2023 program includes the Harvard Boulevard arterial as well as the Santa Paula Street collector. Side streets to Harvard that have not been addressed by previous PMP efforts will be included with the coming year program. Santa Paula Street will be accomplished with additional anticipated VCTC funding allocations and will include bike lane improvements for the existing Class II bike lanes.

The FY 2022-2023 program reflects a concentration on central and eastern portions of the City. As previously noted, the use of thin lift paving techniques have allowed for the acceleration of progress in the overall PMP, including paving of streets with lower PCI’s that would have previously been programmed for complete rehabilitation and reconstruction.

Progress allowed for the paving of portions of Main, 11 th, 12th and Ojai Streets east of 10th
Street, and the FY2022-2023 program anticipates further improvement to specific City street 249
segments east of State Route 150/10
th Street. While rising petroleum prices are anticipated to be a factor in contractor unit paving costs, this increase will be substantially offset by additional funding from VCTC related to unallocated federal COVID program relief funds.

The Harvard Boulevard arterial maintenance will be coordinated and will commence upon the completion of the Harvard Utility project as reflected in Exhibit C.

FY 2023-2026 PROPOSED PLAN:

The proposed plan addresses the upcoming four years and has been developed based on the overall projected Five-Year Pavement Management Program previously developed and adjustments made for upcoming Utility projects. This list will be subject to yearly review and revisions based on observations of the actual condition of the street, analysis of its rate of deterioration, selection of other streets in the area, market conditions, cash flow strategies, and other factors.

In addition to maintaining streets in the public right-of-way, maintenance of City right-of-way and facilities is also proposed in the upcoming plan. This would include City owned parking lots, repair of sidewalks, and to repair/replace curb ramps. The plan currently projects the maintenance and repair of six (6) City owned parking lots and associated sidewalks. These proposed locations include four (4) parks, the Community Center and City Hall.

Staff requests the City Council review the upcoming FY 2022-2023 pavement plan as part of the 5-Year Pavement Management Plan and provide staff with further direction or receive and file the updated PMP as presented.

STRATEGIC PLAN:

The PMP supports the currently adopted Strategic Plan in achieving the following goals:

The improved roadway surface and safety improvements will potentially attract drive-by and pass-through traffic to visit the City’s business corridors.

The rehabilitation of the City’s roadways improves the quality of the visitor experience in the business corridors and for drive-by and local resident traffic alike.

The PMP when aligned with the Sidewalk Maintenance Plan and available funding will provide repairs and upgrades to curb ramps for disabled access throughout the City. 250
FISCAL IMPACTS:

The Capital Improvement Plan has been developed to align with the pavement, sewer pipeline, and water main replacement projects for the next 5 years. The PMP has been developed to ensure specific project scope and costs are within adopted program budgets.

OPTIONS:

The Council has the following available alternative options to Staff’s recommendations:

1. Do not receive and file the proposed 2022-2023 Pavement Management Plan and direct Staff to develop a new plan. This would delay all currently planned street and utility improvement projects until such time a new plan is adopted by Council.

ATTACHMENTS:

EXHIBIT A - Resolution 7270.pdf
EXHIBIT B - Recently Completed and Current FY Proposed Street.pdf EXHIBIT C - Updated 5-Year Pavement Management Plan.pdf 251

EXHIBIT A
RESOLUTION 7270
252
RESOLUTION NO. 7270

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA ADOPTING THE 5-YEAR PAVEMENT MANAGEMENT PLAN
The City Council of the City of Santa Paula does resolve as follows:

SECTION 1: The City Council finds and declares as follows:

A. The City is required to adopt and thereafter update a Pavement Management Plan to address the status of road pavement conditions with the City; B. The Pavement Management Plan manages the preservation, rehabilitation, and maintenance of paved roads by analyzing pavement life cycles, assessing overall system performance costs, and determining alternative strategies and costs necessary to improve paved road;
C. The pavement management plan analyzes the condition of the street network as measured by the pavement condition index (PCI). Currently, the estimated citywide PCI is 53 (on a scale of 0 to 100) based the 2016 Pavement Management Report; and
D. The Pavement Management Plan enables the City to cost-effectively use its pavement maintenance and rehabilitation money so as to ensure that effective treatments can be applied earlier in the life of the pavement to extend service life.

SECTION 2: Approval of the Pavement Management Plan. The City Council hereby approves the final 5-Year Pavement Management Plan, attached hereto and incorporated by this reference.

SECTION 3: Authorization. The City Council hereby authorizes the City Manager or designee to implement the 5-Year Pavement Management Plan.

SECTION 4: This Resolution becomes effective immediately upon adoption and will remain effective until superseded by a subsequent resolution PASSED AND ADOPTED this 6th day of May, 2020.

Richard Araiza, Mayor
ATTEST:

Grace Kelly, City Clerk
253
APPROVED AS TO FORM:

John C. Cotti, City Attorney
APPROVED AS TO CONTENT:

Dan Singer, City Manager
254

EXHIBIT B

RECENTLY COMPLETED AND CURRENT FY PROPOSED STREETS
255
Table 1 - 2021-2022 FY COMPLETED STREETS
FY 2021-2022
Street Name From To 2020
PCI
Length
(FT)
Width
(FT)
Area
(SF)
SPRING
Dartmouth Dr. Cornell Dr. Santa Maria St. 12 950 40 38,016 Cornell Dr. End. End. 43 980 40 39,200
Lucadia St. Harvard Blvd. Santa Cruz St. 36 1,372 40 54,912 Colgate St. Santa Anna St. Santa Cruz St. 3 581 36 20,909 Santa Ana St. Princeton St. Steckel Dr. 11 1,267 41 51,955 Tierre Ct. Santa Cruz St. End. 31 528 36 19,008
FALL
Acacia Way Peck Rd. Acacia Rd. 27 330 50 16,500
Acacia Rd. W Santa Maria Todd Ln. 27 1,200 36 43,200
Santa Maria St. Acacia Rd. Steckel Dr. 33 2,250 30 67,500 Lucada St. Santa Maria St. Cornell Dr. 40 1,020 40 40,800 Laurie Ln. Santa Maria St. Cornell Dr. 36 1,020 40 40,800 Main St. Seventh St. Twelfth St. 45 3,300 50 182,000
Ojai St. Main St. Harvard Blvd. 39 1,162 38 44,141
Eleventh St. Santa Barbara
St. Harvard St 50 1,690 25 42,240
Twelfth St. Santa Paula St. Harvard Blvd. 38 2,650 40 106,000 Corporate Yard - - - - - 15,000
Table 2 - 2022-2023 FY PROPOSED STREETS
FY 2022-2023
Street Name From To 2021
PCI
Length
(FT)
Width
(FT)
Area
(SF)
Harvard Blvd. Peck Rd. Tenth St. 57 9,755 80 780,400
Steckel Dr. Harvard Blvd. Main St. 24 845 40 33,792
Santa Paula St. Peck Rd. Grant Line St. 44 12,609 50 630,470 Thirteenth St. Orchard St. Santa Paula St. 25 1,161 36 41,237 Saticoy St. Oak St. Grant Line St. 36 2,059 38 78,250
Grant St. Line Prieto Saticoy St. 12 316 36 11,405
Olive St. Main St. Harvard Blvd. 74 1,162 26 30,202
California St Ventura St. Harvard Blvd. 25 640 30 19,200 256

EXHIBIT C
Updated 5-Year Pavement Management Plan
257

HARVARD SEWER & WATER

CROSSTOWN PIPELINE PROJECT

CROSSTOWN PIPELINE PROJECT
MAIN STREET UTILITY PROJECT PAVEMENT MANAGEMENT & UTILITIES: 2021-20

CITY OF SANTA PAULA CORPORATE YARD
1 CYCLE 1 PAVEMENT PROJECTS PIPELINE/UTILITY PROJECTS
258

HARVARD SEWER & WATER

CROSSTOWN PIPELINE PROJECT

CROSSTOWN PIPELINE PROJECT
MAIN STREET UTILITY PROJECT PAVEMENT MANAGEMENT & UTILITIES: 2022-20

CITY OF SANTA PAULA
CYCLE 1 PAVEMENT PROJECTS
1 PIPELINE/UTILITY PROJECTS HARVARD UTILITY PROJECT1 COMMUNITY CENTER TEAGUE PARK HARDING PARK CITY HALL AND VETERANS PARK MILL PARK 259

HARVARD SEWER & WATER

CROSSTOWN PIPELINE PROJECT

CROSSTOWN PIPELINE PROJECT
MAIN STREET UTILITY PROJECT PAVEMENT MANAGEMENT & UTILITIES: 2023-20

CITY OF SANTA PAULA
CYCLE 1 PAVEMENT PROJECTS
21 PIPELINE/UTILITY PROJECTS
1 PARK-ORCHARD SEWER & WATER PROJECT3
3 2 CROSSTOWN PIPELINE PROJECT
2 260

HARVARD SEWER & WATER

CROSSTOWN PIPELINE PROJECT

CROSSTOWN PIPELINE PROJECT
MAIN STREET UTILITY PROJECT PAVEMENT MANAGEMENT & UTILITIES: 2024-20

CITY OF SANTA PAULA
1 MAIN STREET UTILITY PROJECT
4 CYCLE 1 PAVEMENT PROJECTS
2 1
3 PIPELINE/UTILITY PROJECTS
4 3
2 261

HARVARD SEWER & WATER

CROSSTOWN PIPELINE PROJECT

MAIN STREET UTILITY PROJECT
CYCLE 1 PAVEMENT MANAGEMENT & UTILITIES: 2025-20

CITY OF SANTA PAULA
1 7
6 SEWER & WATER PROJECT
4 SANTA MARIA UTILITY PROJECT
CYCLE 2
5 SEWER & WATER PROJECT
2 PAVEMENT PROJECTS
3 12 PIPELINE/UTILITY PROJECTS
3 7
445
6 1
262
To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: PROPERTY BUSINESS IMPROVEMENT DISTRICT (PBID) INTENT TO

RENEW FORMATION
Date: April 20, 2022
Agenda Item: 12.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

2. Approve the Management District Plan (Exhibit B).

3. Adopt the Resolution of Intention No. 7392 (Exhibit A).

4. Set a date for a Public Hearing on Wednesday, June 15, 2022.

Presented by: Jonathan Royas, Management Analyst
BACKGROUND:

In July 2019, over 70% of downtown property owners voted to support the formation of a Property Business Improvement District (PBID) in Santa Paula for a 3-year term. As a result, Council adopted Resolution 7217 to form the PBID and confirm the assessments to be levied upon properties as described in the current PBID Management District Plan. The mission of the PBID is to facilitate growth, revitalization, and beautification efforts through developing local businesses, improving infrastructure, increasing marketing, and keeping the streets safe and clean.

Although the PBID faced unimaginable delays due to COVID-19 for two years, it still achieved significant milestones in the past 12 months, some of which include:
• Established a detailed downtown design master plan for downtown improvements in partnership with the City through the RRM Design Group
• Invested $7,500 into downtown sidewalk steam cleaning • Invested $9,000 into revitalizing the year-round downtown banner program • Enhanced downtown parking lot lighting for safety and security 263
• Partnered with City Corps to provide local youth development opportunities, perform graffiti abatement and keep the streets clean
In addition to these measurable beautification efforts, the PBID has also strengthened the voice of downtown business and property owners. Now, there exists a dedicated group of business owners who are ready and willing to advocate at City Hall for the downtown. As a result, City Council has set aside $50,000 for downtown revitalization and improvements. In addition, in December 2021, the City repaved Main St. just in time for the holiday shopping season.

The Board of Directors is currently comprised of the following members:

David Lippert, Downtown Business & Property Owner
Greg Grimes, Downtown Business Owner
Jose Luis Melgar, Downtown Business Owner
Krys Bojanowski, Downtown Business & Property Owner
John Marquez, Chamber of Commerce Executive Director
Leslie Cornejo, City of Santa Paula Councilmember
Neal Morrissette, City of Santa Paula Community/Economic Development Department The current 3-year term for the PBID is set to expire December 31, 2022. As a result, the PBID Board of Directors took action in July 2021 to begin the renewal process. In order to effectively renew the PBID for a five-year term, several steps must be taken and Council must approve the renewal.

ANALYSIS:

The downtown Santa Paula PBID is being proposed for renewal pursuant to the state law; the “Property and Business Improvement District Law of 1994,” and is a flexible financing tool for creating private-sector, self-governed management districts. The proposed PBID will provide funding for a Downtown Ambassador Program, maintenance services and beautification programs, above and beyond the baseline services currently provided by the City of Santa Paula. Council is being presented with the results of the petition process and is requested to adopt the Resolution of Intent (Exhibit A) to renew the PBID for a five-year term.

Developed by a coalition of property and business owners, the PBID is a proposed benefit assessment district designed to improve and convey special benefits to properties within the central business district of Downtown Santa Paula. To guide the PBID for the next five years, the current PBID Board of Directors has developed a Management District Plan (Exhibit B) and a proposed expanded Boundary Map (Exhibit C) that responds to today’s market opportunities and district economic, social and environmental challenges. The PBID will provide new improvements and activities, with an emphasis on clean and safe activities that benefit all community members working, visiting or living in Downtown.

The supporting property owners have requested that the City consider renewing the PBID for a 5-year term beginning January 1, 2023 to December 31, 2028, as provided under the law.

To initiate the process, staff has complied with the required provisions of the Property and Business Improvement District Law of 1994, including the preparation of a Boundary Map, showing the expanded territory proposed to be included within the District (Exhibit C). It should be noted in July 2021, due to the success of several PBID projects and programs, several 264
downtown businesses expressed strong support in joining the PBID. As such, the PBID Board of Directors took action during the renewal process to expand the PBID boundaries to include eight new parcels:
103-0-092-235 – 744 E Main St. - Century 21 Everest
103-0-101-145 – 111 N 8th St – Santa Paula Inn
103-0-091-105 – 106 N 8th St – Vista Real Charter High School 103-0-111-065 - 114 N 10th St – The Arc of Ventura County 103-0-111-055 - 120 N 10th St – W Stephen Onstot Law Office 103-0-111-045 - 124 N 10th St – Guerrero Insurance Services 101-0-212-095 - 117 N 10th St – Santa Paula Art Museum
101-0-212-105 - 123 N 10th St – Santa Paula Art Museum’s Cole Creativity Center The original Boundary Map (Exhibit D) is attached as a comparison to the proposed expanded Boundary Map (Exhibit C). By adding these eight new parcels to the District, the Board was able to reduce property owner assessments by 15% for all parcels.

Written petitions were distributed to property owners of record in March 2022, along with a Management District Plan summary describing the district boundary, assessment, and services of the PBID. On April 14, 2022, the City Clerk received signed petitions indicating support from more than 50% of the property owners, which is the threshold required by law to initiate a Property and Business Improvement District. At the time of drafting this report, petitions in support of the district formation were submitted by 23 property owners, which represent 54.8% of the total proposed assessment. These petitions are on file with the City Clerk.

The City has conducted community awareness and engagement for this effort through direct outreach to property owners and business operators. As a result of the launch of the petitioning process, City staff and the PBID Board of Directors have been conducting inperson meetings and presentations with individual property and business owners.

The following dates represent the sequence of events by which the renewal of the PBID will take place should Council approve staff’s recommendations:

By April 27th, 2022 - Ballots mailed by City Clerk
June 15th, 2022 - City Council Public Hearing and conducts ballot tabulation If approved, the PBID will have a 5-year term running from January 1, 2023, through December 31, 2027. Any subsequent renewal of the PBID will require a new Management District Plan, petition, and ballot process.

STRATEGIC PLAN:

This item supports Council's two-year Strategic Plan in the following categories:

B. Economic Development

2. Downtown beautification - Effectuate visual and physical improvements to the historic downtown corridor, to include public amenities, improved signage, façade improvements, and safety measures.
265
F. Community Vitality

9. Explore and develop ideas for greater opportunities to use public spaces in the historic downtown corridor.

FISCAL IMPACTS:

There are no fiscal impacts to the City at this time. All costs associated with the renewal process of the PBID are the responsibility of the current Board of Directors.

OPTIONS:

1. City Council could decide that the formation of the PBID is not in the best interest for Downtown and stop the process at this point. This alternative is not recommended because more than 50% of the property owners affected by the PBID assessment are in support of forming the District and the current PBID Board of Directors is in support of renewal.

2. Provide staff with further direction.

ATTACHMENTS:

Exhibit A - Resolution 7392 - Resolution of Intent.pdf
Exhibit B - Management District Plan.pdf
Exhibit C - Boundary Map.pdf
Exhibit D - Original Boundary Map.pdf
266
267
RESOLUTION NO. 7392

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA

PAULA, CALIFORNIA, INITIATING RENEWAL PROCEEDINGS FOR THE BUSINESS

IMPROVEMENT DISTRICT FOR DOWNTOWN SANTA PAULA
The City Council of the City of Santa Paula does resolve as follows:

SECTION 1. The City Council finds and declares as follows:

A. The City Council of the City of Santa Paula (the “City Council”) is authorized pursuant to Chapter 1 (commencing with Section 36600) of Part 7 of Division 18 of the California Streets & Highways Code, commonly known as the “Property and Business Improvement District Act of 1994” to establish an improvement district in order to fund the promotion of economic revitalization and physical maintenance activities through the annual levy of assessments on real property located within the district;
B. The City Council has received a written petition from the owners of certain real property within the City of Santa Paula (the “City”) requesting that the City Council initiate proceedings for the renewal of a property and business improvement district pursuant to the Property and Business Improvement District Act of 1994 (the “Downtown Santa Paula Business Improvement District”) for the purpose of providing certain services that are necessary to promote the economic revitalization and physical maintenance of the City’s historic downtown, and agreeing to the annual levy of assessments on said properties sufficient to pay the costs of such services and costs incidental thereto;
C. Sections 36606 and 36610 of the California Streets & Highways Code provides that a property and business improvement district may be established to finance certain types of improvements and activities, including, but not limited to, providing security, sidewalk cleaning, marketing and economic development, special events, the construction and maintenance of lighting facilities, landscape and sidewalk improvements, including, but not limited to, sweeping and litter removal services, sidewalk washing, graffiti removal, landscape irrigation, and replacement and repair services, within the District;
D. Pursuant to Section 36621 of the California Streets & Highways Code, the City Council is authorized upon receiving such a written petition to adopt a resolution of intention to establish a property and business improvement district; and E. The City Council believes it to be in the best interest of the City and its business persons and citizens to initiate proceedings to form a new property-based business improvement district.
268
SECTION 2. Proposed District. It is the intention of the City Council to initiate proceedings to renew the new property-based business improvement district, in accordance with Streets and Highways Code Sections 36600 et seq.

SECTION 3. Management Plan and Engineer’s Report. Pursuant to Section 36622 of the California Streets & Highways Code, a copy of the new Management District Plan and Engineer’s Report is on file in the office of the City Clerk and is hereby incorporated and made a part hereof as though set forth in full herein.

SECTION 4. Activities. The activities and improvements proposed for this District include downtown ambassadors, maintenance, beautification and management of the District once renewed.

SECTION 5. Amount of Assessment. Annual assessments are based upon an allocation of program costs and a calculation of lot square footage plus building square footage plus linear street frontage. Estimated annual maximum assessment rates for the first year of the district follow:

Land Use
Lot + Bldg
Assmt
Linear
Assmt
Commercial/Government $0.0581 $12.8077
Residential/Non-Profit $0.0290 $6.4038
SECTION 6. District Boundaries. The boundaries of the District, generally speaking, shall include:

The District encompasses approximately 3 whole and partial blocks in the commercial core of Downtown Santa Paula. The PBID boundary is concentrated with parcels fronting primarily along Main Street between 8th Street and 10th Street as well as the parcels on the east of 10th Street between Main Street and Ventura Street, and both sides of 10th Street north of Main Street including APNs 101-0-212-095, 101-0-212-105, 103-0-111- 045, 103-0-111-055 and 103-0-111-055.

SECTION 7. Public Hearing. Notice is hereby given that on Wednesday, June 15, 2022 at the hour of 6:30 p.m. in the Council Chambers, City of Santa Paula, 970 E Ventura St, Santa Paula, CA 93060, a public hearing on the renewal of the new property-based business improvement district and the levy of assessments, at which evidence and testimony may be offered by any and all persons having an interest in said proposed district, shall be conducted by the City Council.

SECTION 8. Notice. The City Clerk is directed to give notice of the time and place of the public hearing in accordance with Streets and Highways Code section 36623. The City Clerk is to do this by mailing (or causing to be mailed) written notices and assessment ballots in the time, form, and manner provided by Government Code section 53753 to all persons who own real property within the proposed District and will be subject to the proposed assessment. The City Clerk is further directed to file an affidavit with the City Council when all notices and ballots have been mailed, setting forth the time and manner 269
of his or her compliance with the requirements of law for mailing the notices and ballots.

The notice shall be mailed not less than forty-five (45) days before the date of the public hearing.

SECTION 9. Publication. The City Clerk is further directed to publish this Resolution of Intention in the newspaper of general circulation in the City of Santa Paula, not later than 10 days nor more than 25 days prior to the date of the public hearing.

SECTION 10. .CEQA Compliance. The adoption of this Resolution is not a “project” for purposes of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), pursuant to Section 15378(b)(4) of Title 2 of the California Code of Regulations, as this resolution pertains to the creation of a government funding mechanism but does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.

SECTION 11. The City Clerk is directed to certify the adoption of this Resolution.

APPROVED AND ADOPTED at a special meeting of the Santa Paula City Council this 20th day of April, 2022.
________________________________________
Jenny Crosswhite, Mayor
ATTEST:
____________________________________________________
Julie Latshaw
City Clerk
APPROVED AS TO FORM:
____________________________________________________
John Cotti
City Attorney

APPROVED AS TO CONTENT
____________________________________________________
Dan Singer
City Manager
270
271
City of Santa Paula, California
April 2022
Prepared by:

Kristin Lowell, Inc
Prepared pursuant to the State of California
Property and Business Assessment District Law of 1994
and Article XIIID of the California Constitution.

Downtown Santa Paula
Property-Based Business Improvement District
Management District Plan
272

DOWNTOWN SANTA PAULA
Property-Based Business Improvement District
Management District Plan
Table of Contents
Section Number Page Number

1. Executive Summary ............................................................................1

2. PBID Boundary ....................................................................................4

3. PBID Activity and Improvement Plan ................................................6

4. PBID Assessment Budget ..................................................................9

5. Assessment Methodology................................................................11

6. PBID Governance ..............................................................................15

7. Implementation Timeline ..................................................................16

8. Assessment Roll ...............................................................................17

ATTACHMENT
A. Engineer’s Report
273
Downtown Santa Paula PBID April 2022
Management District Plan Page 1 of 18
SECTION 1: EXECUTIVE SUMMARY
The Downtown Santa Paula Property-Based Business Improvement District (“PBID”) was first established in 2019 and is being renewed for a 5-year term, pursuant to the California Constitution and the Property and Business Improvement District Law of 1994, as amended. Developed by the formal steering committee, the PBID Management District Plan responds to today’s market opportunities, district challenges, and the City of Santa Paula’s efforts in vitalizing the downtown.

The PBID Management District Plan describes how the PBID will improve and convey special benefits to assessed parcels located within the downtown area.

Summary Management Plan
Pursuant to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code § 36600 et seq.) (the “PBID Law”), the PBID is proposed to be renewed for a 5- year term. Upon receipt of petitions signed by property owners representing greater than 50% of the PBID assessable budget, the City will initiate a ballot procedure to officially form the PBID.

Governed by an Owners’ Association, the PBID will deliver enhanced services to improve and convey special benefits to properties located within the PBID boundary, above and beyond those provided by the City.

The PBID will provide enhanced improvements and activities, such as, cleaning the downtown, improving safety, beautifying the downtown, as well as economic vitality, marketing, and special events. Each of the activities is designed to meet the goals of the District; to improve the appearance and safety of the PBID, to increase building occupancy and lease rates, to encourage new business development and attract ancillary businesses and services.

Location The District encompasses approximately 3 whole and partial blocks in the commercial core of Downtown Santa Paula, primarily on E Main Street from 8th Street to 10th Street, and on 10th Street from the alley to E Ventura Street.

Services &
Activities
The PBID will finance activities and improvements that will improve Downtown Santa Paula’s environment for property owners, residents, workers and visitors, including:

Environmental Activities (Clean, Safe, and Beautiful):
• Security Team that supports law enforcement, property owners and businesses in overall crime prevention efforts above what the City provides while providing concierge service to customers, residents, and employees.
• Homeless Outreach to address disruptive behaviors that compound maintenance issues and create an intimidating street atmosphere. • Maintenance Services that will sweep, scrub and pressure wash sidewalks and public spaces, remove litter, trash and graffiti, and provide/maintain landscaping throughout the District.
• Beautification such as installing and operating streetscape furniture, bike racks, tree lighting, information kiosks, holiday décor, and wayfinding signage.
274
Downtown Santa Paula PBID April 2022
Management District Plan Page 2 of 18
Economic Vitality:
• Marketing and Promotion activities to market the corridor pro-actively promote a positive image of the downtown.
• Special Events that draw visitors to the downtown.
• Special Projects and Collaboration on any project that benefits the downtown area.

Management:
• Administration activities that manage the GBPBID programs, communicates with stakeholders and advocates on behalf of the district.

Method of
Financing
Levy of assessments upon real property that receive a special benefit from enhanced services.

Budget Total PBID budget for its first year of operations is $95,000, as follows:

EXPENDITURES
TOTAL
BUDGET % of Budget
Environmental Activities $65,000.00 68.42%
Security Team, Maintenance,
Beautification
Economic Vitality $15,000.00 15.79%
Marketing, Promotions, Special Events
Management $15,000.00 15.79%
Total Expenditures $95,000.00 100.00%

REVENUES
Assessment Revenues $92,625.00 97.50%
Other Revenues (1) $2,375.00 2.50%
Total Revenues $95,000.00 100.00%
(1) An allowance is made for general benefits that the PBID may provide. Any PBID services that are found to provide general benefit cannot be paid for with assessment revenue. A certified engineer has estimated that the general benefit from the PBID services accounts for $2,375.00 of the estimated budget, resulting in a total assessable budget of $92,625.00.

Assessments Annual assessments are based upon an allocation of program costs and a calculation of lot square footage plus building square footage plus linear street frontage. Estimated annual maximum assessment rates for the first year of the district follow:

Land Use
Lot + Bldg
Assmt
Linear
Assmt
Commercial/Government $0.0581 $12.8077
Residential/Non-Profit $0.0290 $6.4038
275
Downtown Santa Paula PBID April 2022
Management District Plan Page 3 of 18
CPI Increase Assessments will be subject to an annual increase of up to 5% per year to address changes in the cost of providing services. The determination of annual adjustments in assessment rates will be subject to review and approval by the PBID Owners’ Association and City Council and will be subject to the requirements of the PBID Law. The Owners’ Association will develop annual budgets and service programs each year which will be presented to the City Council for approval.

City Services The City has established and documented the base level of pre-existing City services. The PBID will not replace any pre-existing general City services.

Collection PBID assessments appear as a separate line item on the annual Ventura County property tax bills.

District
Governance
The PBID will be managed by a nonprofit organization that will act as the PBID Owners’ Association. The Owners’ Association will be governed by a 5-7 member Board of Directors comprised primarily of PBID property owners or their designee. The Board will determine the annual PBID services and budgets.

District
Formation
The PBID Law requires the submission of petitions signed by property owners in the proposed district who will pay more than 50% of the total assessments (i.e., petitions must represent more than 50% of the $92,625.00 to be assessed). Petitions are submitted to the City, who then mails ballots to all assessed property owners. The majority of ballots returned, as weighted by assessments to be paid, must be in favor of the PBID for the City Council to approve the formation.

Duration The PBID will have a 5-year term running from January 1, 2023, through December 31, 2027. Any subsequent renewal of the PBID will require a new Management District Plan, petition, and ballot process. 276
Downtown Santa Paula PBID April 2022
Management District Plan Page 4 of 18
SECTION 2: PBID BOUNDARY
PBID Boundary
The District encompasses approximately 3 whole and partial blocks in the commercial core of Downtown Santa Paula. The PBID boundary is concentrated with parcels fronting primarily along Main Street between 8th Street and 10th Street as well as the parcels on the east of 10th Street between Main Street and Ventura Street, and both sides of 10th Street north of Main Street including APNs 101-0-212-095, 101-0-212-105, 103-0-111-045, 103-0-111-055 and 103-0-111- 055.

The PBID boundary is illustrated by the map on the following page. 277
Downtown Santa Paula PBID April 2022
Management District Plan Page 5 of 18
278
Downtown Santa Paula PBID April 2022
Management District Plan Page 6 of 18
SECTION 3: PBID ACTIVITY AND IMPROVEMENT PLAN
Background and Feasibility
As determined by area property and business owners, the top priority for services and activities within the Downtown Santa Paula PBID area include:
t Security Team
t Maintenance Services
t Beautification
t Economic Vitality (Marketing, Promotions, Special Events) Based upon these findings, the following Environmental and Economic activities will be funded by the PBID. The following narrative provides recommendations for the PBID’s first year of operation.

PBID activities may be amended in subsequent years within the following general categories. Final activities and budgets will be subject to the review and approval of the PBID Owners’ Association prior to City Council approval.

Environmental Activities
To respond to stakeholder priorities and guiding principles to make Downtown Santa Paula more welcoming, clean and beautiful, the PBID may fund a security program as well increased maintenance and beautification efforts. The PBID Environmental Activities are intended to improve commerce and quality of life by making each individually assessed parcel safer, cleaner and more attractive, which will encourage investment dollars and generate additional pedestrian traffic.

Security Team:

The Security Team will provide security services for the individual parcels located within the PBID in the form of vehicle and/or bike patrols. The purpose of the Security Team is to prevent, deter and report illegal activities taking place on the streets, sidewalks, storefronts, parking lots, and public alleys. The presence of the Security Team is intended to deter such illegal activities as vandalism, graffiti, narcotic use or sales, public urination, trespassing, drinking in public, prostitution, illegal panhandling, and illegal dumping. The safety activities will supplement, not replace, other ongoing City police, security, and patrol efforts within the PBID.

In addition, the Security Team will engage people who are engaging in aggressive panhandling, to suggest and coordinate services, and will document each engagement and activity to track the frequency of illegal and threatening behaviors to mobilize enforcement efforts of those people resisting services
The Security Team will continually circulate through the district to identify the population that is engaged in illegal or threatening behaviors, engage homeless people to build relationships and encourage assistance from social service providers to coordinate service delivery, triage the needs of homeless people to encourage appropriate services from provider agencies, and will document all interactions so that these individuals can be prioritized based on need 279
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Maintenance Services:

Litter
Debris will be removed from sidewalks, alleys and street gutters. Debris includes Loose trash | Cigarette butts | Sediment and loose rock
Power Washing
Regularly Scheduled Washing – The entirety of the district will be washed on a bi-annual basis
Spot Washing – we will work to immediately address
unsightly spills and stains in the district
Weeds
Weeds will be removed from sidewalk cracks and building lines while the clean team is on cleaning patrol. Areas of widespread growth will be removed by using a weed eater.

Graffiti
Graffiti will be removed immediately upon identification from public fixtures such as light posts, utility boxes and signs using the least evasive methods possible. Our methods of graffiti removal include wiping with graffiti removal chemicals, scraping, painting, or power washing.

Attention to Detail
While on normal cleaning rounds the clean team will be trained to tend to nearly every detail, they might encounter in the public right of way to include: damp wipe public fixtures, such as trash can lids, to create a clean appearance, damp wiping and inspecting the inside of fixed news rack corrals for litter and debris Inspecting free publication boxes to make sure litter or other items are not placed inside.

Beautification & Placemaking:

In addition to clean and safe services, the PBID budget may include funds for beautification and placemaking improvements that are defined as cosmetic enhancements that improve the appearance and walkability within the PBID, in turn encouraging customer traffic and improved quality of life for residents. Examples of beautification improvements might include:
• Directional/wayfinding signage or themed signage
• Street furniture and amenities, such as benches, kiosks and lighting
• Design and installation of flowering planters and baskets • Design and installation of art and decorative elements • Holiday décor or tree lighting
• Bicycle racks and other hardware
• Urban design and/or planning services to advance
beautification efforts
• Other enhancements that improve the PBID’s appearance • Special lighting as an additional level of security as well as beautification which may include lighting parking lots, decorative street lighting, and tree lighting. 280
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Economic Vitality
In addition to the Environmental Activities (Clean, Safe and Beautiful), a comprehensive economic vitality program has been included as a key component to the PBID. As the Downtown comes out of the COVID-19 pandemic and there is a more favorable economic climate, the activities for economic enhancements may include:

Marketing and Promotions:

It is important to not only provide the services needed in the PBID, but to tell the story of improvement in the PBID. Some of the marketing programs being considered are:
• Image and Marketing materials
• Media Advertising
• Website
• Meetings & Workshops
• Newsletter
• Maintain Social Media Outlets
• Restaurant/Retail Listing & Map
Special Events:

Promote and host special events downtown that draw residents and visitors that encourage them to eat at the local restaurants, shop downtown, engage in any type of commercial activity. Events may include culinary events, arts festivals, holiday parades, music events or any other special event that draws people to the downtown area.

Special Projects/Project Collaboration:

Special projects will be initiated to tackle issues that are overlooked or items that can leave a lasting impression on stakeholders in the PBID. Special project opportunities include painting of street fixtures to include utility boxes, benches, light poles, etc., thorough cleaning of tree wells, power washing and repair of waste cans, and thorough scrubbing and cleaning of street fixtures.

The PBID may also use funds to collaborate with the City or any other organization on projects that benefit the downtown area.

Management
Like any business, the PBID will require a professional staff to properly manage programs, communicate with stakeholders and provide leadership. The PBID supports a professional staff that delivers programs and advocates on behalf of the parcels in the Downtown Santa Paula PBID.

Management services may include compensation for an Executive Director, an administrative assistant or any other staff member, or subcontractor the Owner’s Association deems necessary to manage the PBID programs. The management team is responsible for providing the day-today operations. PBID funds may be used to leverage additional monies from sponsorships, contracts, grants and earned income. Additional administrative costs may include accounting and annual financial reviews, insurance, program support costs including supplies, equipment and rent, County assessment collection fee, estimated at 1% of assessments, and other administration costs associated with the overhead and administrative support of programs. This item also includes funds to renew the PBID after the 5-year term.
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SECTION 4: PBID ASSESSMENT BUDGET
2023 PBID Assessment Budget
The following table outlines the PBID maximum assessment budget for 2023.

REVENUES
Assessment Revenues $92,625.00 97.50%
Other Revenues (1) $2,375.00 2.50%
Total Revenues $95,000.00 100.00%
(1) Other non-assessment funding to cover the cost associated with general benefit.

Budget Adjustments
The services proposed for year one of the term are the same services that are proposed for subsequent years. Assessments will be subject to an annual increase of up to 5% per year to address changes in the cost of providing services. The determination of annual adjustments in assessment rates will be subject to review and approval by the PBID Owners’ Association and City Council and will be subject to the requirements of the PBID Law. 5-Year Maximum Budget
The following table illustrates the PBID’s maximum annual budget for the 5-year term based on Year 1 of inventory of development, adjusting it by the maximum 5% increase.

PBID ACTIVITY 2023 2024 2025 2026 2027
Environmental Activities $65,000 $68,250 $71,663 $75,246 $79,008 Economic Vitality $15,000 $15,750 $16,538 $17,364 $18,233 Management $15,000 $15,750 $16,538 $17,364 $18,233
TOTAL: $95,000 $99,750 $104,738 $109,974 $115,473
The cost of PBID improvements and activities may vary in any given year depending on market conditions and the cost of providing those services. Expenditures for each of the line items may be adjusted up or down 10% between them to continue the same level of service. The Owners’ Association Board of Directors shall make such determination. In addition, any annual budget surplus, including those created through cost saving measures, unexpected reductions in expenses or unanticipated increases to income, will be rolled into the following year’s budget. The carryover funds will be applied to the same budget line item as the line item that was the source 282
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of the carryover funds. The budget will be adjusted accordingly consistent with the Management District Plan to adjust for surpluses that are carried forward to ensure that the PBID is spending these funds in a timely manner and is complying with applicable State laws and City policies. Any change in line-item expenditures and/or budget surplus will be approved by the Owners’ Association Board of Directors and submitted in the annual report, pursuant to Section 36650 of the State Law.

PBID Renewal
PBID funds, which may consist of rollover funds may be used for renewing the district.

Bond Issuance
No bonds will be issued to finance improvements.
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SECTION 5: ASSESSMENT METHODOLOGY
General
This Management District Plan provides for the levy of assessments for the purpose of providing services and activities that specially benefit real property in the PBID. These assessments are not taxes for the general benefit of the City but are assessments for the services and activities which confer special benefits upon the real property for which the services and activities are provided.

Assessment Factors
Each parcel’s proportional special benefit from the PBID activities is determined by analyzing three land use factors: Building Square Footage, Lot Square Footage, and Linear Street Frontage. These land use factors are an equitable way to identify the proportional special benefit that each of the parcels receive. Building square footage is relevant to the current use of a property and is also closely correlated to the potential pedestrian traffic from each parcel and the demand for PBID activities. A parcel’s lot square footage reflects the long-term value implications of the improvement district. A parcel’s linear street frontage is relevant to the street level usage of a parcel and the demand for PBID activities. Together, these land use factors serve as the basic unit of measure to calculate how much special benefit each parcel receives in relationship to the district as a whole, which is the basis to then proportionately allocate the cost of the special benefits.

Building square footage is defined as the total building square footage as determined by the outside measurements of a building. The gross building square footage is taken from the County of Ventura Assessor’s records. Fifty percent (50%) of the assessment budget is allocated to the sum of building square footage plus lot square footage to account for the special benefit to each parcel’s land uses, its residents, and tenants and the long-term development potential.

Lot square footage is defined as the total amount of area within the boundaries of the parcel.

Linear street frontage is defined as the number of linear feet of each parcel that directly fronts a street that will receive the PBID activities. Corner parcels or whole block parcels will be assessed for the sum of all the parcels’ street frontage. Fifty percent (50%) of the assessment budget is allocated to linear street frontage to account for the special benefit received at the street level of each parcel.
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Land Use Considerations
All parcels within the PBID specially benefit from the PBID activities but not to the same degree.

The proportional special benefit and assessment methodology provides the following land use considerations for properties used exclusively for single family residential and non-profit parcels:

Assessment Methodology
The proportionate special benefit each assessed parcel receives shall be determined in relationship to the entirety of the capital cost of the PBID improvements and activities as identified in Section 5. Due to the proportionate special benefits received by these individual parcels from the PBID services, these parcels will be assessed a rate which is proportionate to the amount of special benefits received. Only special benefits are assessable, and these benefits must be separated from any general benefits. As required by the State Constitution Article XIIID Section 4(a), the general benefits of an assessment district must be quantified and separated out so that the cost of the activities that are attributed to general benefit are deducted from the cost assessed against each specially benefitted parcel. General benefits are benefits from the PBID activities and improvements that are not special in nature, are not “particular and distinct” and are not over and above the benefits that other parcels receive. The attached Engineer’s Report has calculated that 2.50% of the PBID activities may be general in nature and will be funded from sources other than special assessments, see Section E of the Engineer’s Report for discussion of special and general benefits.

Assessment Calculation
As previously discussed, the PBID services and activities will be provided uniformly throughout the district. To apportion the cost of the special benefits received from these services is in direct relationship to each lot square footage, building square footage and linear street frontage. The assessable footages for each land use type are indicated in the table below.

Land Use Lot + Bldg SF
Linear
Frontage
Commercial/Government 759,007 3,451
Residential/Non-Profit 38,658 165
TOTAL: 797,665 3,616
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To assess each parcel for the special benefits it receives from the PBID activities is to calculate each parcel’s proportionate share of its lot plus building square footage as well as its linear street frontage in relationship to the entirety of the lot plus building square footage and linear street frontage in the PBID boundary. As discussed above, 50% of the assessable budget it allocated to the sum of the lot plus building square footage, and 50% to the total linear street frontage.

Therefore, to calculate the assessment rate for each assessable square footage, divide the PBID assessment budget of $92,625.00 by 2 and then divide that by either the sum of Lot + Bldg SF or Linear Frontage. Based on this calculation the following are the assessment rates for each land use type for fiscal year 2022/2023.

Land Use
Lot + Bldg
Assmt
Linear
Assmt
Commercial/Government $0.0581 $12.8077
Residential/Non-Profit $0.0290 $6.4038
Sample Parcel Assessments
To calculate the assessment for a commercial parcel with 10,000 square foot lot + building plus 50 linear feet, the calculation is as follows:

Lot + Building: 10,000 x $0.0581 = ......................................... $581.00 Linear Frontage: 50 x $12.8077 = .......................................... $640.39 TOTAL ASSESSMENT: ....................................................... $1,221.39 To calculate the assessment for a non-profit parcel with the same parcel characteristics, the calculation is as follows:

Annual Assessment Adjustments
Budget Adjustment
Assessments will be subject to an annual increase of up to 5% per year to address changes in the cost of providing services. The determination of annual adjustments in assessment rates will be subject to review and approval by the PBID Owners’ Association and City Council and will be subject to the requirements of the PBID Law.

Time and Manner for Collecting Assessments
As provided by State Law, the PBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Ventura. The Santa Paula City Clerk’s office may direct bill any property owners whose special assessment does not appear on the tax rolls for each year of the PBID term. The assessments shall be collected at the same time and in the same manner as for the ad valorem property tax paid to the County of Ventura. These assessments shall provide for the same lien priority and penalties for delinquent payment as is provided for the ad valorem property tax.
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Disestablishment
State law provides for the disestablishment of a PBID pursuant to an annual process. The 30-day period begins each year on the anniversary day that the City Council first established the PBID.

Within this annual 30-day period, if the owners of real property who pay more than 40% of the assessments levied submit a written petition for disestablishment, the PBID may be dissolved by the City Council. The City Council must hold a public hearing on the proposed disestablishment before voting on whether to disestablish the PBID.

Duration
The PBID will have a five-year term commencing January 1, 2023, through December 31, 2027.

Any major modifications or new or increased assessments during the term of the PBID that are not consistent with the provisions of this Management District Plan will require a new mail ballot process.

Future Development
As a result of continued development, the PBID may experience the addition or subtraction of assessable footage for parcels included and assessed within the PBID boundaries. The modification of parcel improvements assessed within the PBID may then change upwards or downwards the amount of total footage assessment for these parcels, pursuant to Government Code 53750(h)(3), will be prorated to the date the parcel receives the temporary and/or permanent certificate of occupancy.

In future years, the assessments for the special benefits bestowed upon the included PBID parcels may change in accordance with the assessment methodology formula identified in the Management District Plan and Engineer’s Report provided the assessment rate does not change.

The assessment formula can only be changed in accordance with the provisions of the PBID Law and any other applicable laws.
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SECTION 6: PBID GOVERNANCE
City Council
Following the submission of petitions from property owners representing more than 50% of the assessments to be paid, the City Council, upon holding a public hearing on the proposed District, may elect to form the PBID. The PBID is formed by a City Council resolution, including the levy of an assessment on property, if the assessment is first approved by parcel owners in a balloting process.

PBID Governance
Consistent with business improvement district legislation throughout the nation, California’s “Property and Business Improvement District Law of 1994" establishes a governance framework that allows property owners who pay assessments the ability to determine how the assessments are used. This Management District Plan may be subject to changes if required by the state of California or the City of Santa Paula.

Downtown Santa Paula PBID
The Downtown Santa Paula PBID shall contract with a nonprofit organization that will act as the Owners’ Association. The Owners’ Association will be governed by a 5-7 member Board of Directors comprised primarily of PBID property owners or their designee. The role of the Owners’ Association is consistent with similar PBIDs and management organizations throughout California and the nation. The Owners’ Association determines budgets, assessment adjustments and monitor service delivery. As part of the Management District Plan, the nonprofit management organization oversees the delivery of day-to-day PBID.

Pursuant to the State of California PBID legislation the Owners’ Association Board of Directors when conducting PBID business, is subject to disclosure and notification guidelines set by the Ralph M. Brown Act and California Public Records Act.
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SECTION 7: IMPLEMENTATION TIMELINE
For the PBID to meet the start-up date of January 1, 2023, the formation process needs to adhere to the following schedule:

Formation Schedule Dates
Draft Management District Plan and Engineer’s Report - City Review Winter 2021/2022 Petitions distributed to property owners February 2022
Education campaign to obtain signed petitions: presentations, neighborhood meetings, 50% weighted vote targeting
Feb-March 2022
City Council accepts petitions; adopts resolution of intention to consider establishment; sets a public hearing; accepts the Engineer’s Report; authorizes the mailing of ballots
April 2022
City Council holds public hearing and tabulates assessment ballots, adopts resolution approving the district formation and levying of the assessments
June 2022
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SECTION 8: ASSESSMENT ROLL
The total assessment amount for FY 2022/23 is $92,625.00 apportioned to each individual assessed parcel, as follows.

APN OWNER NAME Site Address Parcel Assmt
101-0-214-225 10TH STREET 2017 TRUST 125 S 10TH ST $4,636.24 103-0-111-095 ADELSBERGER MARI ANNE BURTON 959 E MAIN ST $2,197.77 103-0-102-275 ALAMILLO ANSELMO-ORALIA TRUST 938 E MAIN ST $761.45 103-0-111-085 ALAMILLO ANSELMO-ORALIA TRUST 971 E MAIN ST $1,517.44 103-0-101-115 ARANA JOSE L-MARIA D 819 E MAIN ST $595.98 103-0-101-105 ARENAS MANUEL-EUGENIA B 827 E MAIN ST $1,122.98 103-0-111-065 ASSOC FOR RETARDED 114 N 10th St $805.66
103-0-112-185 BANK OF THE SIERRA 901 E MAIN ST $1,462.27 103-0-102-235 BERMUDEZ EDWARD F 924 E MAIN ST $686.57
103-0-112-165 BERMUDEZ EDWARD F 925 E MAIN ST $1,390.59 103-0-102-245 BINSLEY MICHAEL 926 E MAIN ST $678.43
103-0-113-075 BOJANOWSKI KRZYSZTOF 972 E MAIN ST $776.14 103-0-111-115 CASTANEDA RAY-MARHTA E 951 E MAIN ST $1,346.27 101-0-212-095 CO LIMONEIRA 117 N 10th St $2,889.14
103-0-111-075 COVARRUBIAS EFRAIN-EVELIA 989 E MAIN ST $1,397.54 103-0-103-065 DENNIS JOHN L-SUSAN A TRUST 824 E MAIN ST $933.59 103-0-111-125 FRANCIS DANIEL E & SUSAN E 107 N MILL ST $1,109.59 103-0-101-135 GARCIA JOSE G-LUZ M TRUST 801 E MAIN ST $2,011.63 103-0-113-085 GOMEZ CECILIO RANGEL 974 E MAIN ST $1,552.27 103-0-101-125 GORDON PAUL 817 E MAIN ST $597.02
103-0-102-195 GOULD JOHN J TRUST 908 E MAIN ST $728.66
103-0-102-165 HAMBLETON R H & L B 856 E MAIN ST $1,450.38 103-0-113-095 HEILVEIL IRA TR 982 E MAIN ST $772.54
103-0-103-045 HOANG CHRISTOPHER V-ANNIE C 800 E MAIN ST $1,296.52 103-0-102-175 IOOF LODGE 314 866 E MAIN ST $701.42
103-0-102-295 KANG CHONG K 944 E MAIN ST $649.68
103-0-102-185 KEOAX PROPERTIES LLC 900 E MAIN ST $673.44 103-0-102-285 LAMBERT PARTNERS 940 E MAIN ST $786.35
103-0-102-375 LAMBERT WILLIAM S-LENORE TRUST 834 E MAIN ST $2,002.22 103-0-102-225 LEAVENS J LINK ET AL 914 E MAIN ST $2,381.52 103-0-112-375 LEAVENS J LINK ET AL 915 E MAIN ST $870.31 103-0-112-385 LEAVENS J LINK ET AL 915 E MAIN ST $2,002.23 103-0-101-075 LIPPERTLAND LLC 861 E MAIN ST $1,037.31
103-0-102-265 LIPPERTLAND LLC 932 E MAIN ST $956.29
103-0-113-155 LIZARRAGA LEOVARDO-MANUELA 962 E MAIN ST $396.40 103-0-102-215 LOKEE INVESTMENTS LLC 912 E MAIN ST $488.39 103-0-112-095 LOZA INVESTMENTS LLC 949 E MAIN ST $1,011.28 103-0-112-135 LOZA INVESTMENTS LLC 939 E MAIN ST $784.15 103-0-102-255 LOZA INVESTMENTS LLC 930 E MAIN ST $880.57 103-0-102-305 LOZA INVESTMENTS LLC 948 E MAIN ST $2,060.56 103-0-113-135 MANZANO FRANK L-ANNA M TRUST 964 E MAIN ST $822.70 103-0-103-055 MATILIJA INVESTMENT PROPERTIES LLC 814 E MAIN ST $2,883.71 103-0-112-155 MATILIJA INVESTMENT PROPERTIES LLC 929 E MAIN ST $2,379.29 290
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APN OWNER NAME Site Address Parcel Assmt
103-0-101-085 MATILIJA INVESTMENT PROPERTIES LLC 851 E MAIN ST $1,906.90 103-0-102-205 MEAD EDWARD D III-CLAUDETTE 910 E MAIN ST $597.50 101-0-214-095 MORA JESUS P TRUST ESTATE 133 S 10TH ST $426.97 101-0-212-105 PAULA ART MUSEUM SANTA 123 N 10th St $1,450.38 103-0-111-045 ROBERTO & GRISELDA GUERRERO 124 N 10th St $1,343.43 103-0-113-065 RODA ROSALINE O TRUST 968 E MAIN ST $802.26 103-0-111-055 SAMUEL ALVAREZ 120 N 10th St $1,429.47
101-0-214-085 SANDOVAL ADAN-LESVIA P 135 S 10TH ST $418.05 101-0-214-155 SANDOVAL ADAN-LESVIA P 1000 E MAIN ST $2,604.22 103-0-113-025 SANDOVAL ADAN-LESVIA P 958 E MAIN ST $602.90 101-0-214-165 SANDOVAL ADAN-LESVIA P 1008 E MAIN ST $1,390.64 103-0-101-095 SANTA PAULA HOLDINGS LLC 847 E MAIN ST $3,504.93 103-0-101-145 SANTA PAULA VENTURES INC 111 N 8TH ST $2,119.62 101-0-214-215 SHAH ZAHID M 145 S 10TH ST $2,822.59
103-0-092-235 STABEN LAURA E DEC TR 744 E MAIN ST $1,608.47 103-0-113-035 SUAREZ RUBEN G-ELIZABETH M 960 E MAIN ST $517.11 103-0-112-125 TURNER JONATHAN M-ROSLYNN A 941 E MAIN ST $654.04 101-0-212-155 UNION OIL COMPANY OF CALIFORNIA 1001 E MAIN ST $2,214.44 101-0-212-185 UNION OIL COMPANY OF CALIFORNIA 1001 E MAIN ST $1,147.42 103-0-113-105 VILLALPANDO ANGELINA M TRUST 984 E MAIN ST $1,377.22 103-0-091-105 VISTA REAL PUBLIC CHARTER INC 106 N 8TH ST $2,005.66 103-0-102-145 WERNER ROBERT L-SUSAN L TRUST 848 E MAIN ST $1,331.25 103-0-102-155 WERNER ROBERT L-SUSAN L TRUST 854 E MAIN ST $663.98 103-0-111-105 WHITE ROBERT A-MARY R TRUST 957 E MAIN ST $732.59 103-0-112-105 YEPEZ MARIA G 947 E MAIN ST $747.58
103-0-112-115 YEPEZ MARIA G 945 E MAIN ST $655.13
103-0-112-145 YOO YOUNG-HIZA 935 E MAIN ST $1,065.76
TOTAL: $92,625.00
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Attachment A:

Downtown Santa Paula PBID
Engineer’s Report
Santa Paula, California
April 2022
Prepared by:

Kristin Lowell Inc.

Prepared pursuant to the State of California
Property and Business Improvement District Law of 1994
And Article XIIID of the California Constitution
to create a property-based business improvement district 292

TABLE OF CONTENTS
ENGINEER’S STATEMENT.............................................................................. 1 ENGINEER’S REPORT:

SECTION A: Legislative and Judicial Review................................................ 2 SECTION B: Improvements and Activities..................................................... 4 SECTION C: Benefitting Parcels..................................................................... 5 SECTION D: Proportional Benefits................................................................. 7 SECTION E: Special and General Benefits.................................................... 9 SECTION F: Cost Estimate............................................................................ 13 SECTION G: Apportionment Method............................................................ 14 293
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This Engineer’s Report is prepared pursuant to Article XIIID of the California State Constitution and the State of California Property and Business Improvement District Law of 1994 (California Streets and Highways Code § 36600 et seq.) (the “PBID Law”).

The Downtown Santa Paula Property-Based Business Improvement District (“PBID”) will provide activities either currently not provided or are above and beyond what the City of Santa Paula provides. These activities will specially benefit each individual assessable parcel in the PBID.

Every individual assessed parcel within the PBID receives special benefit from the activities identified under Section B of this Report. Only those individual assessed parcels within the PBID receive the special benefit of these proposed activities; parcels contiguous to and outside the PBID and the public at large may receive a general benefit, as outlined in Section E. The cost to provide general benefits, if any, will be funded from sources other than special assessments.

The duration of the proposed PBID is five (5) years, commencing January 1, 2023. An estimated budget for the PBID improvements and activities is set forth in Section D. Assessments will be subject to an annual increase of up to 5% per year as determined by the Owners’ Association.

Assessment increases must stay between 0% and 5% in any given year. Funding for the PBID improvements and activities shall be derived from a property-based assessment of each specially benefitted parcel in the PBID. A detailed description of the methodology for determining the proportional special benefit each individual assessable parcel receives from the service and the assessment for each parcel is set forth in Section F.

I hereby certify to the best of my professional knowledge that each of the identified assessable parcels located within the PBID will receive a special benefit over and above the benefits conferred to those parcels outside of the PBID boundary and to the public at large and that the amount of the proposed special assessment is proportional to, and no greater than the special benefits received.

Respectfully submitted,
Terrance E. Lowell, P.E.

ENGINEER’S STATEMENT
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SECTION A: LEGISLATIVE AND JUDICIAL REVIEW
Property and Business Improvement District Law of 1994
The Property and Business Improvement District Law of 1994 (the “PBID Law”) is the legislation that authorizes the City to levy assessments upon real property for the purposes of providing improvements and activities that specially benefit each individual assessed parcel in the PBID.

The purpose of the PBID is to encourage commerce, investment, and business activities. In order to meet these goals PBIDs typically fund activities and improvements, such as, enhanced safety and cleaning. Unlike other assessment districts which fund the construction of public capital improvements or maintenance thereof, PBIDs provide activities and improvements “to promote the economic revitalization and physical maintenance of the business districts of its cities in order to create jobs, attract new businesses, and prevent the erosion of the business districts.” (Streets and Highways Code Section 36601(b)). The improvements and activities funded through the PBID are over and above those already provided by the City within the PBID’s boundaries. Each of the PBID activities or improvements is intended to increase building occupancy and lease rates, to encourage new business development, attract businesses that serve the community, and improve the quality of life.

Specifically, the PBID Law defines “Improvements” and “Activities” as follows:
"Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more…”1 "Activities" means, but is not limited to, all of the following:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality.
(f) Other services provided for the purpose of conferring special benefit upon assessed real property.2

Article XIIID of the State Constitution
In 1996, California voters approved Proposition 218, codified in part as Article XIIID of the State Constitution. Among other requirements, Article XIIID changes the way local agencies enact local taxes and levy assessments on real property. It states, in relevant part, that:
(a) An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property 1 California Streets and Highways Code, Section 36610.
2 California Streets and Highways Code, Section 36606.
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related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel. Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. (b) All assessments shall be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California. 3 "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit."4 Judicial Guidance
Since the enactment of Article XIIID, the courts have rendered opinions regarding various aspects of Article XIIID. The notable portions of cases that apply to assessment districts in general and this Downtown Santa Paula PBID in particular are noted below. “The engineer’s report describes the services to be provided by the PBID [i.e. the PBID]; (1) security, (2) streetscape maintenance (e.g., street sweeping, gutter cleaning, graffiti removal), and (3) marketing, promotion, and special events. They are all services over and above those already provided by the City within the boundaries of the PBID. And they are particular and distinct benefits to be provided only to the properties within the PBID, not to the public at large—they ‘affect the assessed property in a way that is particular and distinct from [their] effect on other parcels and that real property in general and the public at large do not share.’”
5 “…separating the general from the special benefits of a public improvement project and estimating the quantity of each in relation to the other is essential if an assessment is to be limited to the special benefits.”6
“…the agency must determine or approximate the percentage of the total benefit conferred by the service or improvement that will be enjoyed by the general public and deduct that percentage of the total cost of the service or improvement from the special assessment levied against the specially benefitted property owners.”7 “…even minimal general benefits must be separated from special benefits and quantified so that the percentage of the cost of services and improvements representing general benefits, however slight, can be deducted from the amount of the cost assessed against specially benefitting properties.”8
The contents of this Engineer’s Report are prepared in compliance with the above noted authorizing legislation, the State Constitution and the judicial opinions. 3 Section 4, Article XIIID of the State Constitution. 4 Section 2 (i), Article XIIID of the State Constitution. 5 Dahms v. Downtown Pomona Property and Business Improvement District (2009) 174 Cal.App. 4th 708, 722.
6 Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516, 1532. 7 Golden Hill Neighborhood Association, Inc. v. City of San Diego (2011) 199 Cal.App. 4th 416, 438. 8 Golden Hill Neighborhood Association, Inc. v. City of San Diego (2011) 199 Cal.App. 4th 416, 439. 296
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SECTION B: IMPROVEMENTS AND ACTIVITIES
The PBID Renewal Committee collectively determined the priority for improvements and activities that the PBID will deliver. Accordingly, the PBID will provide the following services, as described in greater detail in Section 3 of this Management District Plan: Security Team, Maintenance, Beautification; Economic Vitality; and Management.
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SECTION C: BENEFITTING PARCELS
PBID Boundary Description
The District encompasses approximately 3 whole and partial blocks in the commercial core of Downtown Santa Paula. The PBID boundary is concentrated with parcels fronting primarily along Main Street between 8th Street and 10th Street as well as the parcels on the east of 10th Street between Main Street and Ventura Street, and both sides of 10th Street north of Main Street including APNs 101-0-212-095, 101-0-212-105, 103-0-111-045, 103-0-111-055 and 103-0-111- 055.

The PBID boundary is illustrated by the map on the following page. 298
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SECTION D: PROPORTIONAL BENEFITS
Methodology
Article XIIID Section 4(a) of the State Constitution states that “The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of the public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided.” Determining the proportionate special benefit for the parcels of real property within the proposed assessment district which benefit from the proposed improvements, services, and activities is the result of a four-step process:

1. Defining the proposed activities,

2. Determining which parcels specially benefit from the proposed activities,

3. Determining the amount of special benefit each parcel receives,

4. Determining the proportional special benefit a parcel receives in relation to the amount of special benefit all other parcels in the PBID receive after subtracting any general benefit.

Each identified parcel within the PBID will be assessed based upon each parcel’s unique characteristics in relationship to all other specially benefitted parcels’ characteristics. Due to the proportionate special benefits received by each parcel from the PBID services, each parcel will be assessed a rate which is commensurate with the amount of special benefits received.

Proportional Benefit Units
Each parcel’s proportional special benefit from the PBID activities is determined by analyzing three land use factors: Building Square Footage, Lot Square Footage, and Linear Street Frontage. These land use factors are an equitable way to identify the proportional special benefit that each of the parcels receive. Building square footage is relevant to the current use of a property and is also closely correlated to the potential pedestrian traffic from each parcel and the demand for PBID activities. A parcel’s lot square footage reflects the long-term value implications of the improvement district. A parcel’s linear street frontage is relevant to the street level usage of a parcel and the demand for PBID activities. Together, these land use factors serve as the basic unit of measure to calculate how much special benefit each parcel receives in relationship to the district as a whole, which is the basis to then proportionately allocate the cost of the special benefits.

Lot square footage is defined as the total amount of area within the boundaries of the parcel.

The boundaries of a parcel are defined on the County Assessor parcel maps. Fifty percent (50%) of the assessment budget is allocated to the sum of building square footage plus lot square footage to account for the special benefit to each parcel’s land uses, its residents, and tenants and the long-term development potential.
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Linear street frontage is defined as the number of linear feet of each parcel that directly fronts a street that will receive the PBID activities. Corner parcels or whole block parcels will be assessed for the sum of all the parcels’ street frontage. Fifty percent (50%) of the assessment budget is allocated to linear street frontage to account for the special benefit received at the street level of each parcel.

Each one of these land use factors represents the benefit units allocated to each specially benefitted parcel. The total number of benefit units are as follows:

Land Use Lot + Bldg SF
Linear
Frontage
Commercial/Government 759,007 3,451
Residential/Non-Profit 38,658 165
TOTAL: 797,665 3,616
Land Use Considerations
All parcels within the PBID specially benefit from the PBID activities but not to the same degree.

The proportional special benefit and assessment methodology provides the following land use considerations for properties used exclusively for single family residential and non-profit parcels:

Residential and Non-Profit: Owner-occupied residential single family and condominiums and non-profit owned properties specially benefit from the PBID activities but differently than commercial parcels. Owner-occupied residential single family and condominiums and non-profit owned parcels will not receive the same special benefit as commercial because those uses are not engaged in commercial or customer attraction activities. To account for the special benefit these land uses do receive, they will be assessed at 50% of that assessed on commercial parcels. All commercial and mixed-use parcels with residential uses will be subject to an adjusted assessment rate for the owner-occupied residential square footage of that parcel. The commercial square footage for that parcel will be assessed the commercial assessment rate. Rental residential units (i.e. apartments, 5 units or greater) are considered income-producing commercial property and will be assessed at commercial rates, receiving full benefit from all PBID services. 301
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SECTION E: SPECIAL and GENERAL BENEFITS
PBID Law, Article XIIID of the State Constitution, and judicial opinions require that assessments be levied according to the estimated special benefit each assessed parcel receives from the activities and improvements. Article XIIID Section 4(a) of the California Constitution in part states that “only special benefits are assessable,” which requires that we separate the general benefits, if any, from the special benefits provided by the proposed activities and improvements.

As of January 1, 2015, the State Legislature amended the PBID Law to clarify and define both special benefit and general benefit as they relate to the improvements and activities these districts provide. Specifically, the amendment (Section 36615.5 of the Streets and Highways Code) defines special benefit as follows: “‘Special benefit’ means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed.” In addition, the amendment (Section 36609.5 of the Streets and Highways Code) defines general benefit as follows: “‘General benefit’ means, for purposes of a property-based district, any benefit that is not a ‘special benefit’ as defined in Section 36615.5.” Furthermore, the amendment (Section 36601(h)(2)) states: “Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.”
Special Benefit Analysis
All special benefits derived from the assessments outlined in this report are for property related activities directly benefiting each individual assessed parcel in the PBID. The special benefit must affect the individual assessable parcel in a way that is particular and distinct from its effect on other parcels, and that real property in general and the public at large do not share. No parcel’s assessment shall be greater than the special benefits received.

Streets and Highways Code Section 36601(e) states that “Property and Business Assessment Districts formed throughout this state have conferred special benefits upon properties and businesses within their districts, and have made those properties and businesses more useful by providing the following benefits: (1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied. (2) Job creation. (3) Business attraction. (4) Business retention. (5) Economic growth. (6) New investments.” The PBID’s goal is to fund activities and improvements that provide a cleaner, safer, and more attractive and economically vibrant environment as outlined in Section 4. The goal of improving 302
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the economic vitality is achieved by improving the safety, cleanliness, and economic vitality of each specially benefitted parcel in an effort to increase commerce, to increase building occupancy and revenues, and to attract more customers, employees, tenants, investors and residents.

Specifically, each parcel specially benefits from each of the PBID activities as defined below.

Environmental Activities
The enhanced safety activities make the downtown safer which attracts more businesses, customers, and residents, and ultimately private investment. When business location decisions are made, “lower levels of public safety lead to increased uncertainty in decision making and can be perceived as a signal of a socio-institutional environment unfavorable for investment.” Uncertainty affects the investment environment in general, but in particular it increases the fear of physical damage to investment assets (or to people) or their returns…Almost universally, places with lower crime rates are perceived as more desirable.”9 The maintenance and beautification activities specially benefit each assessed parcel within the PBID by providing a clean and aesthetically appealing environment. This is achieved through sidewalk sweeping, power washing, removing litter and graffiti, trash removal, and streetscape furniture. These activities create the environment needed to achieve the PBID’s other goals.

Sidewalks that are dirty and unclean, particularly from vagrant activities, deter pedestrians and commercial activity.

The Security, Maintenance and Beautiful activities are expected to provide special benefits to the assessed parcels in a variety of ways. For example:
• Maintaining and cleaning sidewalks in front of each parcel creates a cohesive environment and allows pedestrians to move freely throughout the PBID. Sidewalks that are dirty and unkempt deter pedestrians and commercial activity. “Walkable communities offer many financial benefits, such as a reduction in healthcare costs. Homes with sidewalks tend to sell for more money and in less time than similar homes without sidewalks. Businesses also benefit as residents are more likely to shop locally when there is increased connectivity between residential and business/commercial districts. The well-maintained sidewalks, accessibility, and inviting atmosphere of downtown helps to attract tourists.”10 • Removing graffiti from assessed buildings to keep the aesthetic appeal uniform throughout the PBID.
• The beautification activities specially benefit each assessed parcel by providing maintained landscaped corridors and streetscape furniture in public places. These activities create the environment needed to achieve the PBID’s other goals.

Economic Vitality
The Economic Vitality activities consist of services directly benefitting the assessed parcels. For example, the PBID will market and promote businesses within the PBID area, host special events that draw people to downtown. These activities will specially benefit each assessed parcel by encouraging business development and investment and increased commercial activity (e.g., filling vacant spaces, increased lease rates for commercial spaces). Decisions on where to shop, eat 9 “Accelerating economic growth and vitality through smarter public safety management” IBM Global Business Services Executive Report, September 2012, pg. 2
10 “Benefits of Sidewalks”, Iowa Healthiest State Initiative, November 1, 2017 303
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or conduct business are largely based on a perception of the place. If these economic vitality activities were not performed, it would be a deterrent to pedestrian traffic, business and commerce for the assessed commercial parcels.

Management
The PBID requires a professional staff to properly manage programs, communicate with stakeholders, advocate with City departments, and provide leadership. Each parcel will specially benefit from the PBID executive staff that will ensure that the PBID activities are provided and deployed to assessed parcels and will provide leadership to represent the community with one clear voice.

Special Benefit Conclusion
Based on the special benefits each assessed parcel receives from the PBID activities, each of the proposed activities provides special benefits to applicable real property within the district and that each parcel’s assessment is in direct relationship to and no greater than the special benefits received. All parcels within the PBID will specially benefit from the Security, Maintenance, and Beautiful activities as well as the Economic Vitality programs.

The special benefit to parcels from the proposed PBID activities and improvements described in this report are equal to the total amount of the proposed assessment. Each individual assessed parcel’s assessment is in proportion to the special benefit it receives from the PBID activities.

General Benefit Analysis
As required by the State Constitution, Article XIIID Section 4(a), the general benefits of an assessment district must be quantified and separated out so that the cost of the activities that are attributed to general benefit are deducted from the cost assessed against each specially benefitted parcel. General benefits are benefits from the PBID activities and improvements that are not special in nature, are not “particular and distinct” and are not over and above the benefits that other parcels in the district or the general public receives. This analysis will evaluate and determine the level of general benefits that (1) parcels inside of the PBID, (2) parcels outside of the PBID, and (3) the public at large may receive.

General Benefit to Parcels Inside the PBID
The PBID provides funds for activities and services that are designed and created to provide special benefits to each individually assessed parcel within the PBID. The Safety, Maintenance and Beautiful activities are provided to the sidewalks and public rights-of-way in front of each assessed parcel while the Economic Vitality activities are targeted to promote the commercial parcels within the district. “The special benefits conferred on these parcels are distinct and special in nature. Any general benefits the parcels may receive are incidental to providing special benefits to the assessed parcels, and thus any cost associated to the incidental benefits are not reduced from the cost of providing special benefits to the assessed parcels”.11 General Benefit to Parcels Outside of the PBID
All the PBID activities and services are narrowly designed and are provided solely to each of the individual assessed parcels in the PBID boundary. Each of the PBID activities is provided to the public right-of-ways (streets, sidewalks) adjacent to all specially benefitted parcels or tenants in 11 Streets and Highways Code Section 36622 (k)(2)
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the PBID. None of the surrounding parcels will directly receive any of the PBID activities. “The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel”12. Any benefits parcels outside the PBID may receive are incidental to providing special benefits to the assessed parcels, and thus any cost associated to the incidental benefits are not reduced from the cost of providing special benefits to the assessed parcels.

General Benefit to the Public At Large
In addition to general benefit analysis to the parcels outside of the PBID boundary, there may be general benefits to the public at large, i.e., those people that are either in the PBID boundary and not specially benefitted from the activities, or people outside of the PBID boundary that may benefit from the PBID activities. In the case of the PBID, the public at large are those people that are within the PBID boundary that do not pay an assessment and do not specially benefit from the PBID activities.

The PBID activities may generally benefit the general public to some degree, as the general public may appreciate the enhanced level of maintenance and security as it passes through the PBID as well as the economic enhancements. To quantify this, we first determine a “relative benefit” factor for the PBID activities. The relative benefit factor is a unit of measure that compares the special benefit that the assessed parcels receive compared to the general benefit that the general public receives. To determine the general benefit factor, we used previous districts that conducted intercept surveys in San Francisco (Union Square and West Portal) and Los Angeles (Historic Downtown, Leimert Park, Arts District, Downtown Industrial, Fashion District, and Sherman Oaks). In light of that, the above-mentioned existing surveys were used to determine the percentage of people within a district who were generally benefitted and did not engage in business activity. The surveys found that on average 2.5% of the respondents within the district boundary were not receiving any special benefits and were just passing through. Therefore, based on professional experience and the results of previous studies, it is reasonable to conclude that this relative benefit factor properly accounts for the general public in the PBID that is not specially benefitted. The relative benefit factor is then multiplied by the PBID budget to determine the overall general benefit. The following table illustrates this calculation.

ACTIVITY
A
Budget
Amount
B
Relative
Benefit Factor
C
General Benefit Allocation
(A x B)
PBID Budget $95,000 2.50% $2,375
This analysis indicates that $2,375 of the PBID activities may be attributed to general benefit to the public at large and must be raised from sources other than the special assessments.

Total General Benefits
Using the sum of the three measures of general benefit described above, in year one of the renewal term, $2,375 is general in nature and will be funded from sources other than special assessments.
12 Streets and Highways Code, Section 36622 (k)(2)
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SECTION F: COST ESTIMATE
2023 PBID Assessment Budget
The PBID’s operating budget takes into consideration:

1. The improvements and activities needed to provide special benefits to each individual parcel within the PBID boundary (Section B),

2. The parcels that specially benefit from said improvements and activities (Section C), and

3. The costs associated with the special and general benefits conferred (Section E).

EXPENDITURES TOTAL
BUDGET % of Budget
Environmental Activities $65,000.00 68.42%
Safety Ambassadors, Maintenance,
Beautification
Economic Vitality $15,000.00 15.79%
Marketing, Promotions, Special Events
Management $15,000.00 15.79%
Total Expenditures $95,000.00 100.00%

REVENUES
Assessment Revenues $92,625.00 97.50%
Other Revenues (1) $2,375.00 2.50%
Total Revenues $95,000.00 100.00%
(1) Other non-assessment funding to cover the cost associated with general benefit.

Budget Adjustments
The services proposed for year one of the renewal term are the same services that are proposed for subsequent years. Assessments will be subject to an annual increase of up to 5% per year to address changes in the cost of providing services. The determination of annual adjustments in assessment rates will be subject to review and approval by the PBID Owners’ Association and City Council and will be subject to the requirements of the PBID Law.

Bond Issuance
No bonds will be issued to finance improvements.
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SECTION G: APPORTIONMENT METHOD
As previously discussed, the PBID services and activities will be provided uniformly throughout the district. To apportion the cost of the special benefits received from these services is in direct relationship to each lot square footage, building square footage and linear street frontage. The assessable footages for each land use type is indicated in the table below.

Land Use Lot + Bldg SF
Linear
Frontage
Commercial/Government 759,007 3,451
Residential/Non-Profit 38,658 165
TOTAL: 797,665 3,616
To assess each parcel for the special benefits it receives from the PBID activities is to calculate each parcel’s proportionate share of its lot plus building square footage as well as its linear street frontage in relationship to the entirety of the lot plus building square footage and linear street frontage in the PBID boundary. As discussed above, 50% of the assessable budget it allocated to the sum of the lot plus building square footage, and 50% to the total linear street frontage. To calculate the assessment rate for each assessable square footage, divide the PBID assessment budget of $92,625.00 by 2 and then divide that by either the sum of Lot + Bldg SF or Linear Frontage. Based on this calculation the following are the assessment rates for each land use type for fiscal year 2022/2023.

Lot + Building: 10,000 x $0.0290 = ......................................... $290.00 Linear Frontage: 50 x $6.4038 = ............................................ $320.19 TOTAL ASSESSMENT: .......................................................... $610.19 The assessment calculation is the same for every parcel in the Downtown Santa Paula PBID respective of its land use type.
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Maximum Annual Assessment Adjustments
Annual assessments may increase no more than 5% per year, consistent with the increase in consumer price index (CPI) and increases in program costs. The determination of annual adjustments in assessment rates will be subject to the review and approval of the Owners’ Association of the Downtown Santa Paula PBID.

Budget Adjustment
Any annual budget surplus or deficit will be rolled into the following year’s PBID budget. The budget will be set accordingly, within the constraints of the management plan to adjust for surpluses or deficits that are carried forward.

Future Development
Based on new development in the Downtown Santa Paula PBID, the amount of assessable square footage in the Downtown Santa Paula PBID may change over time. These changes could modify the total square footage assessed for affected parcels. Therefore, in future years, the assessments levied against Downtown Santa Paula PBID parcels may change in accordance with the assessment methodology formula and rates in the Management District Plan and Engineer’s Report. Changes to the assessment formula would require the approval of an amendment to the Management Plan.
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To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: AGREEMENT WITH SANTA PAULA UNIFIED SCHOOL DISTRICT FOR

SUMMER CAMP PROGRAM
Date: April 20, 2022
Agenda Item: 12.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve Agreement with Santa Paula Unified School District for Summer Camp Program.

2. Recognize $323,576 in new revenue and $284,576 in new expenditures in the General Fund.

3. Approve a one-time Pay Incentive for each Summer Camp employee in the amount of $750.

Presented by: Greg Barnes, Parks & Recreation Director
BACKGROUND:

The Parks & Recreation Department has historically offered a Summer Camp program to the community for youth ages 5-14; serving as many as 400 youth each summer. In recent years the program has been offered on a much smaller scale due to facility constraints and the pandemic.

Likewise, the Santa Paula Unified School District has also offered a summer school program to the community at various school sites.

ANALYSIS:

Over the past six months the School District and the Parks & Recreation Department have been in discussion on how to best formulate a partnership to share resources and offer a comprehensive summer program to the youth of our community.

Those discussions have culminated in the agreement that is before City Council this evening.

The Summer Program will consist of the School District providing services from 8am-12pm and the Parks & Recreation Department providing services from 12pm-5pm. The program will be offered at two school sites (Barbara Webster and Glenn City Elementary Schools) for eight 313
weeks for up to 200 youth at each school site.

The program offerings will include STEM, enrichment, and recreational activities along with guest speakers and presentations. There will be field trips the last two weeks of the summer program and swim lessons will also be offered to a number of the participants through a partnership with the YMCA.

In addition, breakfast, lunch and an afternoon snack will be offered daily. Parents can register their children for the summer program through the school district. The program is free to Santa Paula residents.

The Santa Paula Unified School District Board of Trustees approved the agreement at their April 6th board meeting.

STRATEGIC PLAN:

Approval of this item moves us closer to completing City Council’s two-year Strategic Plan, Section F, Community Vitality, Objective #13, Work with the school district to create a joint use agreement for school and city facilities.

Although, this is not a Joint Use Agreement for all School District and City facilities, this is an opportunity to demonstrate how the two organizations can work together to share resources and better serve the community. The success of this opportunity will hopefully lead to continued discussions around sharing facilities in the future.

FISCAL IMPACTS:

The School District will be reimbursing the City up to $323,576 for all costs related to the Summer Camp Program. Of this total $39,000 will be for full time staff expenses, which have already been budgeted. The remaining $284,576 is for part-time employees salaries and benefits (including a one-time Summer Incentive Pay of $750) as well as supplies, equipment, and miscellaneous expenses. The following journal entries are needed:

Debit Credit
PT Salaries 100-5-1531-002 163,402
PT Retirement 100-5-1531-042 6,318
PT Workers Comp 100-5-1531-043 16,016
PT Medicare 100-5-1531-044 2,290
Miscellaneous Exp 100-5-1531-199 81,550
Equipment Exp 100-5-1531-610 15,000
Total New Expenses $ 284,576
PT Staff Reim 100-4-1500-5063 188,026
Full Time Staff Reim 100-4-1500-5063 39,000
Supp & Serv Reimb 100-4-1500-5063 96,550
Total Reimbursement $ 323,576
OPTIONS:
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In addition to the recommended action, Council has the following options:

1. Do not approve the agreement with the Santa Paula Unified School District.

If the agreement is not approved, the Parks & Recreation Department will not be offering any Summer Camp Program to the community.

ATTACHMENTS:

SPUSD SUMMER CAMP AGREEMENT 2022.pdf
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Santa Paula City CouncilApril 20, 2022

Santa Paula City Council
April 20, 2022