Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Molivann Phlong, of our staff, at [email protected].
Sincerely,
Paul McDougall
Enclosure
Senior Program Manager
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APPENDIX
CITY OF SANTA PAULA
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The review requirement is one of the most important features of the element update. The element provides (p. A-2) a list of programs from the City’s 2013-2021 housing element; however, a thorough program-by-program review is necessary to evaluate City's performance in addressing housing goals. As part of this analysis, the element should describe the actual results of the prior element’s programs, compare those results to the objectives projected or planned, and based on an evaluation of any differences between what was planned versus achieved, provide a description of how the objectives and programs of the updated element incorporate changes resulting from the evaluation. This information and analysis provide the basis for developing a more effective housing program.
As part of the review of programs in the past cycle, the element must provide an evaluation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Affirmatively Furthering Fair Housing (AFFH) Analysis: The element has (p. 57) some information on poverty levels at a local and regional level, limited analysis on race, makes mention of no concentrated poverty impacts and where fair housing complaints can be filed. However, the element generally does not address this requirement. The element, among other things, must include outreach, an 300
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assessment of fair housing, identification, and prioritization of contributing factors to fair housing issues and goals and actions sufficient to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity.
For more information, please contact HCD and visit
https://www.hcd.ca.gov/community-development/affh/index.shtml.
2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
While the element quantifies (p. 10) existing extremely low-income (ELI) households, it must also analyze their housing needs, housing characteristics, overpayment, and available resources. The analysis of ELI housing needs could consider tenure and rates of overcrowding.
3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) While the element identifies (p. 9) the total number of overpaying households, it must quantify and analyze the number of overpaying households by tenure (i.e., renter and owner), including lower-income households. The analysis must also include the housing cost for renters in the City.
In addition, while the element identifies the age of the housing stock (p. 13), it must include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations.
4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
The City has a regional housing need allocation (RHNA) of 657 housing units, of which 201 units are for lower-income households. To address this need, the element also relies (p. B-3) on the Housing Opportunities Overlay zone and the East Area 1 Specific Plan (p. B-4). To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses on these overlay zones. For additional information, see the Building Blocks at:
https://www.hcd.ca.gov/community-development/building-blocks/site-inventoryanalysis/analysis-of-sites-and-zoning.shtml. 301
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Sites Inventory: The element lists (p. B-7) sites by parcel number or unique reference, and parcel size. However, the element must list sites by describing existing uses for any nonvacant sites, in addition to listing the zoning, general plan designation, and calculation of the realistic capacity of each site. The element must also include a general map of identified sites.
Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].
Previously Identified Nonvacant and Vacant Sites: If nonvacant sites identified in a prior adopted housing element or vacant sites identified in two or more consecutive planning periods, the sites are inadequate to accommodate housing for lower-income households unless:
• The site’s current zoning is appropriate for the development of housing affordable to lower-income households by either including analysis or meeting the appropriate density, and
• The site is subject to a housing element program that requires rezoning within three years of the beginning of the planning period to allow residential use byright for housing developments in which at least 20 percent of the units are affordable to lower-income households.
Realistic Capacity: While the element provides assumptions (p. B-1) of buildout for sites included in the inventory, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, development standards, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. To demonstrate the likelihood for residential development in commercial zones allowing residential through the Housing Opportunity Overlay Zone, the element must also account for land use controls such as allowing 100 percent non-residential uses. The analysis could describe past trends in developments that used the overlay, any performance standards mandating a specified portion of residential and any factors increasing the potential for residential development such as incentives for residential use, and residential development trends in the same nonresidential zoning districts. 302
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Small Sites: The element identifies (p. B-4) several sites consisting of small parcels less than one-half acre in size. However, the element must describe whether these small parcels are expected to develop individually or consolidated with the other small parcels. For parcels anticipated to be consolidated, the element must demonstrate the potential for lot consolidation. For example, analysis describing the City role or track record in facilitating small-lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for redevelopment, recent trends of lot consolidation, and information on the owners of each aggregated site. For parcels anticipated to develop individually, the element must describe existing and proposed policies or incentives the City will offer to facilitate development of small sites. Please be aware sites smaller than a half acre in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the housing element describes other evidence to HCD that the site is adequate to accommodate lower-income housing. (Gov. Code, § 65583.2, subd. (c)(2)(A).)
Suitability of Nonvacant Sites: While the element identifies (p. B-7) nonvacant sites to accommodate the regional housing need for lower-income households, it provides little description of how the potential for redevelopment. The element must describe the methodology used to determine the additional development potential within the planning period. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, and regulatory or other incentives or standards to encourage additional residential development on these sites. (Gov. Code, § 65583.2, subd. (g).) For sites with residential uses, the inventory could also describe structural conditions or other circumstances and trends demonstrating the redevelopment potential to more intense residential uses. For nonresidential sites, the inventory could also describe whether the use is operating, marginal or discontinued, and the condition of the structure or could describe any expressed interest in redevelopment.
Specific Plan Sites: The housing element relies upon the East Area 1 Specific Plan area to accommodate the City regional housing need for all income groups. While the housing element indicates the Specific Plans’ residential capacity and estimates the number of units by income group, it does not provide any analysis demonstrating the suitability for development in the planning period or potential affordability. To utilize residential capacity in Specific Plans, the element must:
• Identify the date of approval of the plans and expiration date. • Identify approved or pending projects within these plans that are anticipated in the planning period, including anticipated affordability based on the actual or projected sale prices, rent levels, or other mechanisms establishing affordability in the planning period of the units within the project.
• Describe necessary approvals or steps for entitlements for new development (e.g., design review, site plan review, etc.).
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• Provide a breakdown of zoning. Note the element indicates there is a Figure B-1a, but this was not included in the element.
• Describe any development agreements, and conditions or requirements such as phasing or timing requirements, that impact development in the planning period.
In addition, the sites inventory indicates that there are 501 acres in the specific plan but does not break this down by parcel nor does it indicate how these large parcels will be subdivided. Please be aware, sites larger than 10 acres in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the housing element describes other evidence to HCD that the site is adequate to accommodate lower-income housing. (Gov. Code, § 65583.2, subd. (c)(2)(A).) For example, a site with a proposed and approved housing development that contains units affordable to lower-income households would be an appropriate site to accommodate housing for lower-income households. (Gov. Code, § 65583.2, subd. (c)(2)(C).) Zoning for a Variety of Housing Types:
• Emergency Shelters: Emergency Shelters parking requirements should be updated pursuant to AB 139 (Chapter 335, Statutes of 2019) which requires only sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. • Accessory Dwelling Units (ADU): The element provides (p. 34) for enumerated land use categories allowing residential uses, including ADUs. Please note that ADUs are allowed in all zones that allow residential use. (Gov. Code § 65852.2(a)(1).) In addition, the City should ensure that ADU parking requirements are consistent with state law. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever is less, and guest parking spaces shall not be required for ADUs under any circumstances. For more information, please see https://www.hcd.ca.gov/policyresearch/accessorydwellingunits.shtml.
5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. 304
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(Gov. Code, § 65583, subd. (a)(5).)
Housing Opportunity Overlay Zone: The element relies on sites in commercial zones that allow residential through the Housing Opportunity Overlay Zone. While some information was provided on how the overlay allows residential, the element must include a complete description and analysis of the Overlay, including a breakdown of affordability requirements. While the element states that 100 percent of the project must be for affordable housing, there is no definition of affordable and the breakdown for very low and low only equal 80 percent. The elements must also clarify 21 units per acre is considered the base density for purposes of calculating density bonus and demonstrate the appropriateness of proposed development standards, including requirements for 100 percent affordable, and incentives to encourage and facilitate the development of housing affordable to lower-income households.
East Area 1 Specific Plan: The element (pp. 40 and B-4) relies on the East Area 1 Specific Plan for the City’s RHNA and sites for lower-income housing needs. However, the element must analyze the development standards for lower-income housing needs in the East Area 1 Specific Plan including the height limit of 30 feet which allows for only two stories as potential constraints.
Fees and Exaction: The element provides (p. 51) planning and building fees charged by the City and states that they are comparable to those levied in surrounding areas.
However, the analysis must analyze those fees for their impact as a potential constraint on housing supply and affordability. For example, while the element states that typically a multifamily project results in about $40,000 per unit, it could describe the total amount of fees in proportion to development costs. The analysis could also describe current fee study efforts.
Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting all zoning and development standards for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1, subdivision (a)(1).
Local Processing and Permit Procedures: The element indicates (p. 38) that many mixed-use projects were developed utilizing a Conditional Use Permit (CUP), however, per conversations with the City, the mixed-use development no longer requires a CUP.
The element should be updated to reflect how mixed-use projects are currently processed.
The element describes (p. 50) the processing procedures for residential development.
However, the element must describe and analyze the design review guidelines and process for their impact as potential constraints on housing supply and affordability.
For example, the analysis could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts. The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate. 305
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Constraints on housing for Persons with Disabilities: The element must further analyze (p. 43) the zoning, development standards, building codes, and process and permit procedures as potential constraints on housing for persons with disabilities. For example, the element must describe the City’s current procedure for requesting and granting a reasonable accommodation to zoning and land use requirements for persons with disabilities. To AFFH, the element could include a program to provide outreach and education on the availability of the reasonable accommodation procedure. (Gov. Code, § 65583, subd. (c)(1)(3).) In addition, the element currently details (p. 43) that residential care facilities serving six or fewer persons are permitted in all residential zones. However, residential care facilities serving seven or more persons are subject to a conditional use permit. The element should analyze the process as a potential constraint on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes for seven or more persons objectively with approval certainty.
6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
The element must include analysis of requests to develop housing at densities below those identified, the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially. The element must address any hinderance on the development of housing and include programs as appropriate.
7. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
The element defines (p. 20) persons with developmental disabilities. However, the element must quantify the number of persons with developmental disabilities and analyze the special housing needs of persons with developmental disabilities. The analysis should include the following:
• a quantification of the total number of persons with developmental disabilities. • a description of the types of developmental disabilities. • a description of the housing need, including a description of the potential housing problems; and
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• a discussion of resources, policies and programs including existing housing and services, for persons with developmental disabilities.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
Programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation.
Deliverables should occur early in the planning period to ensure actual housing outcomes. To have a beneficial impact in the planning period and address the goals of the housing element, all programs must be evaluated and revised with discrete timelines (e.g., month and year). Programs containing unclear language (e.g., “Evaluate”; “Consider”; “Encourage”; etc.) should be amended to include more specific and measurable actions. Example of programs to revise with specific commitment include but are not limited to Programs 1 through 11, 14 through 16, and 20. In addition:
• Programs 3 (Housing Code Enforcement Program), 7 (Mobile Home Park Resident Ownership Program), and 10 (Multifamily Housing Acquisition and Rehabilitation) should be revised to provide measurable outcomes.
• Program 20 (Objective Development Standards) should identify and provide agencies and officials responsible for implementation.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, singleroom occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B4, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results 307
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of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition:
Nonvacant Sites Reliance to Accommodate RHNA: As the element relies upon nonvacant sites and sites under the Housing Opportunity Overlay to accommodate the regional housing need for lower-income households, it should include a program(s) to promote residential development of those sites. The program(s) could commit to (1) provide financial assistance, (2) regulatory concessions, or incentives to encourage and facilitate new, or more intense, residential development on the sites and (3) a mid-term evaluation of the effectiveness of identified nonvacant sites. Examples of incentives include identifying and targeting specific financial resources and reducing appropriate development standards.
3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) The element must include programs to assist in the development of housing for special needs households (e.g., persons with disabilities, elderly, large households) with specific commitment with timelines. For example, the element could commit to proactive actions to coordinate with non-profit developers, employers or service providers, and other related organizations, to explore funding and incentives and to identify specific development opportunities.
4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B5 and B6, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in B1, the element does not include a complete assessment of fair housing.
Depending on a complete analysis, the element must add or revise programs as appropriate. In addition, while the element includes Program 22 (Fair Housing Program) which describes how the City responds to fair housing complaints, it must 308
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also include actions that promote AFFH opportunities. For example, the element could include a program committing to implement Gov. Code section 8899.50(b) which requires the City to administer its programs and activities relating to housing and community development in a manner to AFFH and take no action that is materially inconsistent with its obligation to AFFH.
E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).) While the element includes a general summary of the public participation process (p. C-1), it must also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. The element should be revised to discuss outreach to lower-income and special needs groups during the public participation efforts, solicitation efforts for survey responses, and participation in community workshops, and if translation services were provided. The element should also describe when the draft was made available to the public for review, the efforts to circulate the housing element among low- and moderate-income households and organizations that represent them and to involve such groups and persons in the element throughout the process. Finally, the element should also summarize the public comments and describe how they were considered and incorporated into the element. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/gettingstarted/public-participation.shtml. 309
ATTACHMENT F
PLANNING COMMISSION
RESOLUTION NO. 3836
APRIL 2022
310
RESOLUTION NO. 3836
A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT THE 2021-2029 HOUSING ELEMENT UPDATE TO THE SANTA PAULA
GENERAL PLAN
Project No. 2020-CI-06
The Planning Commission of the City of Santa Paula does resolve as follows:
SECTION 1: The Planning Commission finds and declares that:
A. Government Code § 65588 requires every California city and county to update its Housing Element periodically. The Housing Element establishes goals, policies and programs to encourage the maintenance and expansion of the City’s housing supply to meet demand;
B. During 2021 the City prepared a draft Housing Element update for the 2021- 2029 planning period in accordance with Government Code Section 65580 et seq.;
C. The City conducted duly noticed public meetings to discuss and receive public comment regarding the Housing Element update on December 18, 2019, July 7, 2021, August 24, 2021 and September 15, 2021;
D. On September 16, 2021 the City submitted a draft 2021-2029 Housing Element to the California Department of Housing and Community Development (“HCD”) for review pursuant to the requirements of State law;
E. On November 15, 2021 HCD issued a letter finding that the draft element addressed many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law;
F. On April 21, 2022 the City posted a revised draft Housing Element for public review. Revisions to the draft Housing Element have been made addressing each of HCD’s findings as summarized in the Planning Commission staff report dated April 26, 2022;
G. The Planning Commission held duly noticed public hearings on March 22 and April 26, 2022 to receive public testimony on the Draft Housing Element Update;
H. The 2021-2029 Housing Element update is covered by the common sense CEQA exemption (CEQA Guidelines Sec. 15061(b)(3)) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since no development project or other physical change to the environment would be approved by the adoption of the Housing Element, it can be seen with certainty that there is no possibility that Housing Element adoption may have a significant effect on the environment, and 311
therefore is not subject to CEQA;
I. The Planning Commission has considered the information provided by City staff, HCD, and public testimony. This Resolution, and its findings, are made based upon the evidence presented to the Commission at its public hearings on March 22 and April 26, 2022 including, without limitation, the staff reports submitted by the Planning Division.
SECTION 2: General Plan, the Planning Commission makes the following findings:
A. The 2021-2029 Housing Element is in the public interest and there is a community benefit resulting from the Housing Element Update including, without limitation, assisting in the provision of housing for all income groups and persons with special needs, preserving the affordable housing stock, and minimizing governmental constraints to providing housing.
B. The 2021-2029 Housing Element is consistent with the goals, policies, and objectives of the General Plan. The Housing Element establishes policies, procedures, and incentives for the City’s land use planning activities that serve to maintain and expand the City’s housing supply to adequately house people currently living and expected to live in the City.
C. The 2021-2029 Housing Element will not conflict with the SPMC.
D. The proposed 2021-2029 Housing Element promotes public health, safety, and general welfare and serves the goals and purposes of the General Plan by facilitating the continued production of housing for all incomes, thereby improving housing and living conditions for all residents. The Housing Element provides housing construction objectives consistent with the Regional Housing Needs Assessment.
SECTION 3: Environmental Assessment.
A. The Planning Commission finds that the 2021-2029 Housing Element update is covered by the common sense CEQA exemption (CEQA Guidelines Sec. 15061(b)(3)) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since no development project or other physical change to the environment would be approved by the adoption of the Housing Element, it can be seen with certainty that there is no possibility that Housing Element adoption may have a significant effect on the environment, and therefore is not subject to CEQA.
SECTION 4: Recommendations. The Planning Commission recommends that the City Council:
A. Adopt the 2021-2029 Housing Element as set forth in attached Exhibit “A,” which is incorporated herein by reference.
SECTION 5: Reliance on Record. Each and every one of the findings and determinations in 312
313
ATTACHMENT C
SUMMARY OF SANTA PAULA
AFFORDABLE HOUSING TASK FORCE
COMMENTS & CITY RESPONSES
MAY 2022
314
SANTA PAULA AFFORDABLE HOUSING TASK FORCE
May 11, 2022
Mayor Jenny Crosswhite and City Council
City of Santa Paula
Sent via email
Re: Santa Paula Housing Element 2021-2029 Final Draft
Dear Mayor and Council Members,
The SPAHTF is very hopeful that the final draft of the 2021-29 Housing Element that you are reviewing at your May 18 meeting will earn the approval of HCD. With that in mind, we offer the attached suggestions which we believe will strengthen the Housing Element and achieve compliance.
Thank you for your thoughtful attention to this very big and important project. Your leadership is key as Santa Paula advances the efforts to provide safe and affordable homes to all residents.
Very sincerely yours,
Ellen Brokaw for the SPAHTF
Cc James Mason, Community & Economic Development Director Tom Tarantino, Associate Planner
John Douglas, Consultant
Dan Singer, City Manager
Attachment: SPAHTF HE Comments
315
Santa Paula Affordable Housing Task Force Comments and Staff Recommendations (05/11/2022) Topic
Revised Draft
Housing
Element Page
No.
Comment/Question SPAHTF Recommended
Wording
City Staff
Recommendation
Sites inventory Appendix B, B-7 Table B-4 (Vacant Residential Sites) have a low number of potential units, though we don’t necessarily have additional parcels to add to the list that the City has not already identified. We would note that the last two properties listed as “Fagan Area” (20.56 acres + 12.35 acres) are hillside lots on sloping land, zoned low density, and likely would higher than average costs associated with developing
them. As such they may not be feasible to be developed
for affordable housing.
Remove Fagan area
properties.
The Housing Element
identifies the Fagan
expansion area parcels as
potential future sites for
above-moderate income
housing. Staff agrees that
these parcels may not be
suitable for high
density/lower-income
housing; however, cities
are required to identify
potential housing sites for
all income levels, not just
affordable housing.
Therefore, staff
recommends no changes to
this aspect of the draft
Housing Element
Sites inventory Appendix B,
B-9
Table B-5 (Vacant Commercial sites): One lot, APN
1010241135 (1.8 acres) appears to be a Southern
California Edison electric substation, that may preclude it being developable, so we request confirmation how that’s been taken into consideration.
Delete parcel if development
not feasible.
Staff agrees with this
comment and recommends
that the parcel be retained
but modified to reflect the
developable portion of the
parcel excluding the
substation.
TCAC/HCD
Opportunity
Maps
D-12 to D-13 Since there are not many properties that lend themselves well to attracting tax credit investments to produce more affordable housing, it is important for the City and
community advocates to collaboratively persuade the State to make changes to their tax credit allocation method to map, to at least identify one census tract (preferably in the downtown corridor) that meets the definition of Highest Resource for their scoring purposes, thereby not unfairly somewhat excluding the entire community of Santa Paula
from such critical affordable housing funding in the future.
Affordable Housing Funding
Sources. Please add: “Work
collaboratively to influence
the State to amend tax credit
allocation regulations so that
at least one census tract in
Santa Paula can meet the
definition of “Highest
Resource” for scoring
purposes, in order to prevent
Staff supports this revision.
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the entire community of Santa
Paula from being ineligible for
Tax Credit funding.”
Special Needs -
Homeless
23 2020 info on homeless - 95 people. No mention of
farmworkers sleeping in their cars.
Please add: “Currently 23
farmworkers are known to be
homeless, typically sleeping
in their cars, and there may
be more.
Staff supports expanding
the homeless analysis to
include this information
Special Needs –
Farmworkers
23 Analysis of farmworker housing needs does not mention homeless farmworkers sleeping in their cars as last resort.
Please add: “Currently 23
farmworkers are known to be
homeless, typically sleeping
in their cars, and there may
be more.”
Staff supports expanding
the homeless analysis to
include this additional
information
Table II-23,
Assisted
Affordable Units
24 Does not include Trinity Lane Homes (H4H), H4H triplex or Yale Street apartment both are deed restricted.
Please update Table. Staff recommends Table II23 be updated to include the Yale Street project. The
H4H projects are ownership
and therefore are not
included pursuant to State
law, which requires analysis
of low-income rental
projects.
Table IV-4 36 720 E. Main Street appears twice Please update table. Staff recommends Table IV-4 be updated to correct
this information.
the East Area 1
Specific Plan
36-37 Specific Plan Sites. The element has been revised to provide additional analysis of the potential for development of sites in the East Area 1 Specific Plan. Potential for renegotiation of development agreement to generate more affordable units.
Please add: “Update to
include developer request for
450 additional homes,
necessitating renegotiation of
developer agreement to
require additional affordable
units. Developer to provide
onsite as feasible, per city
determination.”
Staff recommends that the
Council consider the
following addition to
Program 9 - Workforce, and
Special Needs Housing
Development:
“As part of any future
development agreement,
the City will require an
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Recommendation
affordable housing
commitment or in-lieu fee
as a public benefit.”
Table IV-8, MultiFamily
Development
Impact Fees
51 The “inclusionary housing in-lieu fee calculation” is total of $800 for a 120 unit project; perhaps the $800 refers to a fee for the City staff to calculate the in-lieu fees? But what are the in-lieu fees for a template/example 120 unit market rate project?
The total Estimated Fees (including all Non-City fees) is incorrect; it is $5,156,807 not $4,775, 225. But the updated estimated cost per unit is correct.
Table IV-8:
1) include the in-lieu fees if
appropriate
change total of $4,775,225 to
$5,156,907 (or other change
when in lieu fees added)
Staff recommends Table
IV-8 be updated to reflect
this information.
Program 11.
Affordable
Housing Funding
Sources – land
for sites
And
Program 15.
Adequate Sites
for Housing
Development
61-62 1. Program 11. Ground leases mentioned: “The city will partner with Housing Land Trust Ventura County
(HLTVC) (incorporated December 17, 2020, 501(c)3
status pending.) HLTVC will acquire and hold property
indefinitely, primarily for conveyance under long-term
ground leases to low- and moderate-income
households and organizations operating affordable
rental housing and whereby these same households
and organizations will own the improvements located
on leased properties.”
2. Program 15: Review City-owned properties to
determine whether any are no longer needed and could
be made available for affordable housing.
Please add: “In addition to
entire parcels, authorize
ground leasing a portion of a
City-owned site that is
underutilized.”
Staff supports this revision.
Program 11:
Funding for a
local rental
assistance
program
64 Objective #3: We suggest not including one-time fees as a potential source of funding, because of the ongoing support needed for rental assistance. Also, it’s strategic to retain the one-time fees such as in lieu housing and commercial linkage fees for local match in developing affordable
housing projects. Also, The Housing Trust Fund Ventura
County cannot legally fund such a program according to
the terms of its By-Laws and CDFI charter.
“By October 2023 the City will
study the feasibility of
establishing a local rental
assistance program including
baseline affordability survey,
landlord workshops, projectbased and VASH vouchers
(HUD, HCD), recalculate
California “Fair Market
Rents.” Consider set-asides
of vouchers for farmworkers.
Staff recommends Program
11 be revised to
incorporate this comment.
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Wording
City Staff
Recommendation
Program 13,
Accessory
Dwelling Units
(ADUs)
65 What is the difference between the Program Description and the Objectives? This is in the Program Description:
“Consider additional incentives for ADU construction as permanent long-term housing via programs such as preapproved ADU plans, grant-funded financial assistance to construct ADUs (if the homeowner agrees to deed restrict the unit and cap the rent at rents affordable to very low income households), monitoring ADU rents and regulating short-term ADU rentals. Also, encourage the County to
prepare a case study template ordinance that all
jurisdictions could adopt to regulate use of ADUs as shortterm rentals.” This is in the objectives:
“Process a Development
Code amendment consistent
with current ADU law by
October 2022 and continue to
encourage construction of
ADUs through an
informational handout
available at City Hall and on
the City website throughout
the planning period.” Please
add: “Review potential
additional incentives and their
implementation on an annual
basis.”
Staff supports this revision.
Program 20.
Objective
Development
Standards and
transparency.
69 We appreciate that Program 20 was added and that it
addresses new transparency laws requiring development
impact fees to be posted on a jurisdiction’s website since January 1, 2022, however, we can’t find it on the website.
Program description:
“Pursuant to the transparency requirements of Government Code §65940.1(a)(1), the City will post development fees and zoning information on the City website continuously throughout the planning period.”
Objective: ensure that
development fees and zoning
requirements are available on
the City website throughout
the planning period. By June
1, 2022, post development
impact fees on the website so
that they are easily accessed,
in accordance with AB 602.
Staff recommends Program
20 be revised to
incorporate this change.
Program 21:
Affordability by
Design,
Objectives re
Parking
69-70 Support City’s objectives listed after “Conduct periodic updates of parking standards by zones permitting
residential to ensure that parking standards:”
We especially appreciate “contain joint-use (shared
parking) provisions to maximize parking utilization rates, particularly for infill housing development” but SPAHTF suggests three additional objectives.
Program 21. Please add to
Objectives:
Review private parking
facilities in downtown and
alternatives for serving
residential uses on
business off-hours. In
downtown ensure offsite
parking is close by and
24 hour access.
Analyze parking capacity
when approving duplexes
and triplexes with offsite
Staff recommends Program
21 be revised to
incorporate #1 and #2, and
that #3 be revised as
follows:
“Seek to minimize the
financial impacts of parking
regulations on vehicles
owned by low-income
residents.”
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parking in Single Family
Residential zones.
When creating and
enforcing parking
regulations, guard against
towing of low-income
owned vehicles.
Affirmatively
Furthering Fair
Housing
(Appendix D)
and Program 22
70-72 Fair Housing Subcommittee reviewed revised AFFH and recommends additional actions in Program 22’s objectives to strengthen access to fair housing services.
Program 22. Please add to the
Objectives:
-The City will celebrate Fair
Housing Month in April,
beginning in 2023.
-The City will expand its
outreach and education of fair
housing information and
communications to ensure
that city residents are aware
of, and familiar with, the Fair
Housing Services offered to
this community. This will be
accomplished through
partnerships with
organizations such as the
Santa Paula Housing
Authority, Santa Paula
Affordable Housing Task
Force, area affordable
housing developers,
Farmworker Resource Center,
and similar interested parties.
-Ensure that the fair housing
services contractor’s quarterly
reports are shared with City
staff, officials, and interested
partners for periodic review.
Apply enhanced
understanding of Santa
Paula’s patterns of
Staff recommends Program
22 be revised to
incorporate these
comments, to the extent
that the City has the legal
authority to do so.
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discrimination and provide
recommendations to the
County for Amendments to the
Fair Housing Contract, in
direct response to the needs
of this community.
-Coordinate with the Santa
Paula Housing Authority to
ensure the Section 8/ Housing
Choice Vouchers are being
accepted by landlords in
Santa Paula. Furthermore,
support expanded landlord
education if applicants
experience difficulties in
securing permanent housing.
-Encourage the County to
seek a fair housing services
provider through a
competitive procurement
process conducted
periodically to ensure
compliance with open and fair
competition.
Tables B-2 and
B-5
Do not have the numbers that locate them on the map. While staff supports transparency and
accessibility in the Housing
Element document, it must
be acknowledged that City
staff has finite time and
resources. Identifying sites
by number on the inventory
map is not required by
State law.
Community
Participation
Appendix C HCD’s Comment Letter, no. E stated: “the element should also summarize the public comments and describe how
they were considered and incorporated into the element.” Recommend that the City
include these four documents
in Appendix C and consider
adding other public comments
Staff supports this
recommended revision.
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Recommendation
These documents are posted on mysantapaula.com and we
suggest adding them to Appendix C since they show many
of the comments received :
Affordable Housing Task Force Comments and
Staff Response (09.24.21 PC)
Open House #2 Station Posters 08.06.21
Open House #1 Station Posters 7.15.21
Open House #2 goal Sheets Inc. 07.15 OH#1
Comments and Responses, Potential Policy
Options for Consideration, Open House comments
received with description of
how they were considered
and incorporated into the
element.
Many thanks to City for including previous request: Page 64, Program 11, Affordable Housing Funding Sources: “To the extent feasible, the City will defer the payment of development impact fees for 15 years, which would allow affordable housing projects to count that as a public funding source, which helps increase competitiveness when applying for low income housing tax credit allocations.” Additional Comments?
• E. Public Participation: While the Element includes a general summary of the public participation process (p. C01), it must also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. The element should be revised to discuss outreach to lower-income and special needs groups during the public participation efforts, solicitation efforts for survey responses, and participation in community workshops, and If translation services were provided. The element should also describe when the draft was made available to the public for review, the efforts to circulate the housing element among low- and moderate-income households and organizations that represent them and to involve such groups and person in the element throughout the process. 322
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: FIFTH AMENDMENT TO FRANCHISE AGREEMENT WITH ATHENS
FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY
RESIDENTIAL SOLID WASTE COLLECTION
Date: May 18, 2022
Agenda Item: 11.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No. 7397 Approving a Fifth Amendment to the Solid Waste Franchise Agreement with Athens Services for Residential, Commercial, Industrial, and MultiFamily Residential Solid Waste Collection, in a form approved by the City Attorney.
Presented by: Clete J. Saunier, Public Works Director
BACKGROUND:
Prior to 2010, the City of Santa Paula provided residential solid waste collection services and outsourced commercial solid waste collection services to EJ Harrison and Consolidated Disposal, Inc. In 2010, the City Council agreed to privatize solid waste collection services and issued an RFP for solid waste services. A five (5) year non-exclusive solid waste franchise agreement (SWFA) was awarded to Crown Disposal, Inc. (Crown) on April 18, 2011 with an expiration date of May 31, 2016.
On November 4, 2013, the First Amendment to the SWFA was executed to extend Crown’s original term to May 31, 2018. On February 2, 2015, the Second Amendment was executed approving assignment of the SWFA from Crown to Recology. On July 17, 2017, the Third Amendment was executed to approve assignment from Recology to Athens Services and on May 20, 2020, the Fourth Amendment extended the SWFA with Athens Services an additional two years to May 31, 2022.
ANALYSIS:
In November 2020, the Council directed Staff to conduct a due diligence analysis and comprehensive customer rate study for their review and consideration in determining whether to continue a long-term SWFA with Athens Services, or solicit proposals from interested waste haulers within a formal SWFA Request for Proposal (RFP) process. Upon presenting this report in May 2021, the Council directed staff to commence negotiating a long-term agreement 323
with Athens.
Staff began meeting with Athens in July 2021 and on September 15, 2021, the Council appointed a SWFA Ad Hoc Committee of two councilmembers to assist City staff in negotiating a long-term agreement with Athens. Staff and the Ad Hoc Committee met numerous times with representatives from Athens to finalize terms and concessions to consider incorporating into a draft SWFA. Staff presented the terms, concessions and the related service rate tables provided by Athens for Council review and consideration on November 17, 2021. The Council approved the rates as presented and directed staff to commence preparing a final draft SWFA with Athens for Council review and approval at a future public meeting.
The current SWFA (Amendment 4) with Athens will expire on May 31, 2022, and the City must take action to avoid a citywide lapse in solid waste collection services.
Staff is working with Athens to finalize a draft SWFA for Council consideration and approval that will place the City and Athens in an exclusive, contractual relationship, over the next 25 years. The City and Athens believe there is an agreement in principle and our attorneys are finalizing language concerning certain remaining items. Staff is confident the remaining items will be finalized by or around the end of May.
Staff recommends Council adopt Resolution No. 7397 and executing the Fifth Amendment that will extend the current agreement with Athens one additional month to June 30, 2022. All other terms provided in the original agreement as amended by the Fourth Amendment remain unchanged. Executing the Fifth Amendment will allow sufficient time to complete agreement negotiations and present a final SWFA for Council review and consideration of approval at its June 1, 2022 public meeting.
Upon Council approval of the SWFA, the initiation of a 45-day (minimum) notice period as required by Proposition 218 will be required. Staff anticipates the notice period will be completed and a public hearing announcing its outcome will take place at a regularly scheduled Council meeting in August 2022. The anticipated effective date establishing the new SWFA terms and service rates is October 1, 2022.
Concurrent with Council approval of the new SWFA, Athens has also agreed to approve a Sixth Amendment extending the current agreement from July 1 through September 30 to avoid a citywide lapse in contracted solid waste collection service during the Proposition 218 process.
STRATEGIC PLAN:
The approval of this agenda item does not directly address the strategic goals within the City’s adopted Strategic Plan.
FISCAL IMPACTS:
There are no fiscal impacts associated with extending the current agreement.
OPTIONS:
The Council has the following available alternative options to staff’s recommendations:
324
1. Do not adopt Resolution No. 7397 Approving a Fifth Amendment to the Solid Waste Franchise Agreement with Athens Services. This action would result in a citywide lapse of contracted solid waste collection services with Athens Services until such time Council approves a revised Fifth Amendment and/or Council approves a new long-term SWFA.
ATTACHMENTS:
EXHIBIT A - Resolution No. 7397 One-Month Extension to Solid Waste Franchise Agreement.pdf
325
EXHIBIT A
Resolution No. 7397
326
RESOLUTION NO. 7397
A RESOLUTION APPROVING AN EXTENSION TO JUNE 30, 2022 OF THE
FRANCHISE AGREEMENT FOR RESIDENTIAL, COMMERCIAL,
INDUSTRIAL AND MULTI-FAMILY RESIDENTIAL SOLID WASTE
COLLECTION
The City Council for the City of Santa Paula does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On April 18, 2011, the City and Crown Disposal Company entered into a Franchise Agreement for Residential, Commercial, Industrial and MultiFamily Residential Solid Waste Collection (the "Franchise Agreement") that governed the collection, transferring, recycling, composting, and disposing of solid waste from residential, commercial and industrial premises within City's jurisdiction;
B. The Franchise Agreement was subsequently assigned to Araco Enterprises, LLC, dba Athens Services (Athens Services) on July 17, 2017 and, on December 17, 2017, the Santa Paula City Council extended the contract term for an additional two years through May 31, 2020; C. On May 20, 2020, the Council again extended the period during which collection services are to be provided to May 31, 2022; D. The City and Athens Services have been negotiating the terms of a new franchise agreement but such negotiations have not concluded; E. Athens Services continues to satisfactorily perform as required by the Franchise Agreement relative to quality of service, service recipient complaints, and its performance in meeting the goals and reporting requirements under the California Integrated Waste Management Act of 1989 (Public Resources Code §40000, et seq.); and
F. The City Council believes that it is in the best interest of the City to extend the Agreement to June 30, 2022, subject to the provisions of the Fifth Amendment to the Agreement.
SECTION 2: Term Extension. The Santa Paula City Council hereby approves a one-month extension of the Franchise Agreement to June 30, 2022.
SECTION 3: Fifth Amendment to the Franchise Agreement. The City Council hereby directs the Mayor to execute the Fifth Amendment to the Franchise Agreement, which is attached hereto as Exhibit A and incorporated by this 327
reference.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 18th day of May, 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
328
Exhibit A: Fifth Amendment to Franchise Agreement for Residential, Commercial, Industrial and Multi-Family Residential Solid Waste Collection
329
65283.00001\32917093.1
FIFTH AMENDMENT TO THE FRANCHISE AGREEMENT FOR
RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND MULTIFAMILY
RESIDENTIAL SOLID WASTE COLLECTION
This FIFTH AMENDMENT (“Amendment”) is made and entered into this 18th day of May, 2022, by and between The City OF SANTA PAULA, a general law city and municipal corporation (“City”), and ATHENS SERVICES, a California corporation (“Athens”).
1. RECITALS. This Amendment is made with reference to the following facts and objectives:
A. On April 18, 2011, the City and Crown Disposal Co., Inc. entered into non-exclusive solid waste franchise agreement relative to the collecting, transferring, recycling, composting, and disposing of solid waste from all residential, commercial and industrial premises within City's jurisdiction (the “Agreement”). On October 21, 2013, the parties amended the Agreement to extend the initial term through May, 2018, and delay any escalation in solid waste fees until July 1 , 2015; B. On February 2, 2015, the Santa Paula City Council consented to assignment of the A greement to Recology Los Angeles, subject to the provisions of a Second Amendment to the Agreement;
C. On July 17, 2017, the Santa Paula City Council again consented to the assignment of the Agreement from Recology Los Angeles to Athens and, on December 17, 2017, the Santa Paula City Council extended the contract term for an additional two years through May 31, 2020;
D. On May 20, 2020, the Santa Paula City Council extended the contract term for an additional two-years through May 31, 2022;
E. Section 5.01 of the Agreement, as amended, authorizes one additional extension of the Agreement through June 30, 2022; and
F. The City and Athens now mutually desire by this Fifth Amendment to the Agreement (“AMENDMENT”) to amend the terms of the Agreement.
2. AMENDMENT. In consideration of the foregoing, the Franchise Agreement is amended as follows:
A. TERM. Section 5.01 of the Franchise Agreement is amended to extend the term of the Franchise Agreement to June 30, 2022.
3. COUNTERPARTS. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
330
65283.00001\32917093.1
4. ORIGINALAGREEMENT. Except as modified by this Amendment, all other terms and conditions of the Agreement remain the same.
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF SANTA PAULA ATHENS SERVICES
Jenny Crosswhite
Mayor
Gary Clifford
Executive Vice President
ATTEST:
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
John C. Cotti, City Attorney
APPROVED AS TO CONTENT:
Dan Singer, City Manager
331
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: AMENDMENTS TO VENTURA REGIONAL SANITATION DISTRICT
OPERATION AND MAINTENANCE CONTRACTS
Date: May 18, 2022
Agenda Item: 11.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to execute Amendment No. 1 to VRSD Contract No. 21-004, Agreement for Wastewater Facility Operation, Management and Maintenance Between the City of Santa Paula and VRSD in a form approved by the City Attorney.
2. Authorize the City Manager to execute Amendment No. 2 to VRSD Contract No. 19-005, Wastewater Collection System and Stormwater Sewer Collection System Maintenance Agreement between the City of Santa Paula and VRSD in a form approved by the City Attorney.
Presented by: Clete J. Saunier, Public Works Director
BACKGROUND:
City’s Wastewater Collection System and Storm Drain System (WCS):
The City owns a wastewater collection system of approximately five square miles, delivered by gravity flow to the City’s Water Recycling Facility (WRF) for treatment and disposal. The wastewater collection system consists of approximately 60 miles of collection lines, with pipeline diameters from 6 to 24 inches, 0.5 miles of force mains, 1190 manholes and two lift stations. The City also owns an extensive system of curb gutters, storm drains, and catch basins as part of its storm drain system.
In February of 2014, the City contracted with American Water (AWOM) to maintain the wastewater collection system; later AWOM sold its contract interests with the City to Veolia North America. The agreement with AWOM/Veolia North America ended December 2018 and was immediately replaced with a temporary, month-to-month service agreement with VRSD.
VRSD is a regional non-tax supported public agency providing sanitation services throughout Ventura County including private and public entities.
On March 20, 2019, the City entered into a multi-year agreement with VRSD to operate and maintain the City’s wastewater collection and storm drain systems (Contract No. 19-005). 332
Amendment No. 1 to Contract No. 19-005 was approved on November 19, 2020. The amendment aligned the annual contract term with the fiscal year calendar and extended the agreement end date from March 31, 2023, to June 30, 2023.
Water Recycling Facility (WRF):
The City is the owner of a publicly owned water recycling facility (WRF). The WRF is sited on a 50-acre parcel located at 920 Corporation Street, and is designed to treat wastewater flows up to 4.2 million gallons per day (MGD) with a peak operating capacity of 7.0 MGD.
On April 7, 2021, the City Council approved an Operations, Management and Maintenance Agreement (Contract No. 21-004) with VRSD to provide services for the WRF. Subsequently, the VRSD Board approved Contract No. 21-004 at their April 15, 2021 meeting.
On April 16, 2021, VRSD assumed staffing operations from the previous contracted staffing operator (Veolia North America) for the City for a term from April 15, 2021 to June 30, 2022.
At the November 3, 2021 City Council meeting, the Council was informed that VRSD may not continue to offer contract operations staffing and assistance beyond June 30, 2022 due to the recent loss of some of their other large agency contracts. VRSD also informed the City that if they were able to continue offering contract services after this date, it would require all of their remaining operations contracts, including the City’s, to remain active. The Council also received a letter dated October 27, 2021 from MKN (consultants to the City) that provided more details for the summarized analysis in the November 3rd Staff report. In the Staff report, the City Council was provided an analysis for four (4) potential options with future operation services of its facilities:
1. Request for Proposals
2. Continued Agreement with VRSD with Extension
3. City Assumes Operations
4. City WRF Operation and Contract Wastewater Collection System Operation (“Hybrid” Option)
At the conclusion of this meeting the City Council directed staff to pursue extension of both existing Agreements (Option No 2, with Option 3 as a backup Option), and notify VRSD of its direction.
On December 15, 2021, Staff presented a report to Council addressing a December 9 th letter
received from VRSD management staff. The letter included VRSD’s Proposed Hourly Rates (revised and updated December 9, 2021) for Fiscal Year 2023, an updated Cost Comparison Budget vs. Actual for the City’s wastewater services, and a request for a five-year commitment from the City to VRSD to continue providing water/wastewater services under their existing service contracts for both the WRF and WCS.
With the significant increases in VRSD’s proposed wastewater service costs, the Council directed Staff to fully evaluate the financial and operational impacts of transferring all wastewater services contracts from VRSD to internal staff operation.
On January 19, 2022, Staff provided more detail regarding implications and options for City’s future wastewater services (2022 Updated Cost Benefit Analysis), including summarized costs and qualitative considerations for three options:
333
Option 1: VRSD operates WRF and WCS
Option 2: City staff operates WRF and WCS
Option 3: City staff operates WRF and private contractor operates WCS Upon review and consideration of the three options, the Council approved Option 1 and directed staff to pursue a five-year contract extension with VRSD for operation of both the WCS and WRF beginning July 1, 2022.
ANALYSIS:
On January 20, 2022, Staff sent a letter to VRSD describing the City Council’s direction at its January 19
th public meeting. The letter requested that City and VRSD staff and legal counsels meet to develop draft Agreements (Contract Amendments), with the intent to return to the City Council and VRSD Board before the end of April for their respective consideration and approval. The letter expressed Council’s desire that these Agreements would clearly contain all the required terms and conditions, yet also provide a pass-through cost savings to VRSD’s clients, including the City, in line with future operational cost savings realized by VRSD.
Staff and legal counsels for the City and VRSD have drafted and agreed to the proposed Contract Amendments (Exhibits A and B). On May 5, 2022, the VRSD Board approved Amendment No. 2 to Contract No. 19-005, and Amendment No. 1 to Contract No. 21-004.
Summarized below are the revised term provisions contained in the Contract Amendments. All other terms and conditions remain unchanged from the current contracts.
Both Agreement terms are extended to June 30, 2027 (5 Years).
Provision to reflect annual adjustment for inflation based upon the Consumer Price Index not to exceed 5% annually.
Provision to reflect hourly employee rates in Agreements Exhibit B, potential rebate or credit for services if certain conditions are met; specifically:
CONTRACTOR has calculated the hourly employee rates and equipment rental rates in Exhibit B based on estimated level of service commitments by five public sector clients, which could change over time. Within six months of the conclusion of each fiscal year, CONTRACTOR will perform an analysis to determine if a rebate is warranted for all water and wastewater customers for that fiscal year. A rebate in the form of a credit for future services will be provided to each customer, including CITY, prorated on revenues generated during the corresponding fiscal year. In order for a rebate to be warranted in any given fiscal year, all of the following conditions must be met:
a. Revenues generated from water and wastewater services provided CONTRACTOR exceed the costs to CONTRACTOR of providing those services; b. Cashflows maintained in the water/wastewater fund exceed 60-days of budgeted annual operating expenses for the following fiscal year; and
c. Cashflows are on target to meet all capital purchase needs.” For purposes exclusively of Section 1.I., the term “cashflow” shall mean the CONTRACTOR’s unrestricted cash and cash equivalent balances at June 30th.
Provision to reflect Termination without cause by either party:
Provision (only applicable to WCS Amendment) to reflect current RWQCB and SWRCB 334
Orders and Permits
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 Sewer Enterprise Fund will fund all costs related to both Amendments.
Costs for WCS work performed under Amendment No. 2 to Contract No. 19-005 for FY 2022- 23 are $575,821. Rates can be adjusted annually for inflation, in accordance with the U.S.
Bureau of Labor Statistics’ Consumer Price Index (CPI), from a minimum of 0% to a maximum of 5%.
Costs for WRF work performed under Amendment No. 1 to Contract No. 21-004 for FY 2022- 23 are $1,171,920. Similar to Contract No. 19-005, rates can be adjusted annually for inflation, in accordance with the CPI, from a minimum of 0% to a maximum of 5%. Staff will return to Council on June 15 to request budget allocations or amendments to the Sewer Fund Operating Budget to address the cost increase.
OPTIONS:
The Council has the following available alternative options to Staff’s recommendations:
1. Do not authorize the City Manager to execute WCS Amendment No. 1 and/or WRF Amendment No. 2 and direct staff to renegotiate one or more terms in the Amendments with VRSD. If the VRSD Board and City Council cannot agree to the revised Amendment(s) terms before June 30, 2022, the WRF and/or WCS would potentially be operating without a designated Chief Plant Operator and O&M Contractor. This could have catastrophic results, including the levying of fines against the City by the LARWQCB and other agencies of jurisdiction.
ATTACHMENTS:
EXHIBIT A - VRSD Amendment No. 1 to 21-004 City of Santa Paula.pdf EXHIBIT B - VRSD Amendment No. 2 to 19-005 City of Santa Paula.pdf 335
EXHIBIT A
AMENDMENT NO. 1 TO VRSD CONTRACT NO. 21-004
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EXHIBIT B
AMENDMENT NO. 2 TO VRSD CONTRACT NO. 19-005
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To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: DISCUSS OPTIONS RELATED TO ADDING TWO YOUTH MEMBERS TO
THE RECREATION COMMISSION
Date: May 18, 2022
Agenda Item: 11.C
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff Recommends the City Council:
1. Provide staff with direction related to adding two youth members to the Recreation Commission.
2. Take such other action the Council deems appropriate.
Presented by: Greg Barnes, Parks & Recreation Director
BACKGROUND:
In 2019 Council adopted Resolution No. 7099 establishing a Youth Advisory Committee and subsequently also adopted Ordinance No. 1281 which eliminated the two youth commissioner positions from the Recreation Commission.
In December of 2021, Council passed Resolution No. 7378 dissolving the Youth Advisory Committee. At that time, Council requested staff return with options for adding youth commissioners to serve on the Recreation Commission.
ANALYSIS:
The Recreation Commission is currently comprised of five commissioners serving three-year terms. Applicants must be at least 18 years of age and Santa Paula residents.
Prior to Ordinance No. 1281, the Santa Paula Municipal Code designated two youth commissioners between the ages of 16-20, serving one-year terms, to serve on the Recreation Commission.
Staff is recommending that two youth commissioners be added to the Recreation Commission making it a seven-member commission. The Recreation Commission would be comprised of five commissioners (at least 18 years of age and Santa Paula residents) serving three-year terms and two youth commissioners (14-17 years of age and Santa Paula residents) serving two-year terms.
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An additional option for consideration would be to revert back to the original appointment guidelines and add two youth commissioners between the ages of 16-20 serving one-year terms.
Staff is requesting Council provide feedback on the two options listed above or any additional feedback and direction that Council would like to provide this evening, prior to finalizing an ordinance effectuating the change.
Per California law, staff will return at a future meeting with both an introduction and a second reading (adoption) of an ordinance reflecting Council's direction this evening. The ordinance will then become effective thirty (30) days thereafter.
STRATEGIC PLAN:
Approval of this item moves us closer to completing City Council's two-year Strategic Plan, Section F, Community Vitality, Objective #10, Expanding Youth Programs.
Although this action is not directly creating a new youth program, it does expand the Recreation Commission and provide new opportunities for youth growth and development.
FISCAL IMPACTS:
None.
OPTIONS:
1. If Council provides no direction to staff this evening, the Recreation Commission will remain a five member commission.
ATTACHMENTS:
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Santa Paula City Council Tentative Agenda Schedule
Updated 5/12/2022
DEPARTMENT MEETING
DATE Wednesday, June 1, 2022
Finance 6/1/2022 Presentation of Annual Audit
CM Community Choice Aggregation Discussion
Finance iBank Loan Options
PW Mesa Tank Replacement Plan
Finance Contract Award for User and DIF Study
PW Public Works Department Report
PW GHAD Benefit Assessment
PW Hillsborough Openspace
PW SWFA with Athens Services
Admin ARPA 2nd Tranche Allocation
Wednesday, June 15, 2022
CDD 6/15/2022 Oil Museum Study Session
Finance Finance Department Report
Attorney Election Consolidation Resolutions
Admin PBID – Public Hearing
PW Mesa Tank Replacement Plan/Specs Bid Notice
PW Harvard Blvd. Contract Award
PW Water Shortage Contingency Plan Update
STUDY SESSION TOPICS
Admin No Smoking Ordinance
CDD Cultural Arts Council
Admin Homelessness Discussion
P&R Oil Museum Options
Admin Diversity, Equity and Inclusion Workshop
FUTURE AGENDA ITEMS
Admin SoCal Edison discussion on rates
CDD Franchise esVolta – Public Hearing
CDD Housing Element Adoption
CDD Inclusionary Housing DIF
P&R Teague Park Restroom Construction Contract
Clerk Election Consolidation
CDD Cannabis Processing Ordinance
Admin Election Districts Workshops
Attorney Term Limits
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