Agenda packet — Santa Paula City Council, October 19, 2022

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, OCTOBER 19, 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

MONICA CASTILLO, INTERIM CITY ATTORNEY
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. PRESENTATIONS

5.A BREAST CANCER AWARENESS - PROCLAMATION

5.B VENTURA COUNTY WILDFIRE COLLABORATIVE PRESENTATION

5.C DISASTER PREPAREDNESS PRESENTATION

6. 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.

7. CITY COUNCIL REPORTS

8. CITY MANAGER REPORTS

9. 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 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 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.

9.A EXTEND APPROVAL TO HOLD VIRTUAL CITY COUNCIL, COMMISSION,

COMMITTEE, BOARD AND OTHER CITY BODIES, MEETINGS
PURSUANT TO AB361
RECOMMENDATION:

Staff recommends that the City Council:

1. Extend Approval to hold Virtual City Council, Commission, Board, and other City Bodies Meetings Pursuant to AB361.

9.B APPROVAL OF MINUTES
RECOMMENDATION:

Staff recommends Council approve the following Minutes:

1. City Council Regular Meeting - October 5, 2022

2. City Council Closed Session - October 10, 2022

9.C SEPTEMBER 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 September 2022, starting check number 332023 and ending check
number 332270.

Review and accept the "Certification of Salaries" for the pay period ending dates August 26th,
2022 through September 23rd, 2022.

9.D ROBERT WILLIAM COMPANY, LLC AMENDMENT NO. 2
RECOMMENDATION:

Staff Recommends that City Council:

1. Authorize the City Manager to execute Amendment No. 2 to a Professional Services Agreement with Robert William Company, LLC for Project Management Services, increasing the not to exceed from $49,999 to $125,000 annually.

9.E FISCAL YEAR 2022-2023 CITYWIDE STREET MAINTENANCE FUNDING RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to issue a work order authorizing payment to J & H Engineering (J&H) in the amount of $741,687 to provide street maintenance services in accordance with J&H's three-year street maintenance agreement; and

2. Approve an allocation of $741,687 in accordance with the account City of Santa Paula - City Council - City Council Regular Meeting 4 breakdown shown in Table 1.

9.F FIRST AMENDMENT OF A MEMORANDUM OF UNDERSTANDING (MOU)

WITH SPUSD & A CONTRACT WITH ALL CITY MANAGEMENT SERVICES (ACMS) FOR CROSSING GUARD SERVICES
RECOMMENDATION:

Staff recommends City Council:

1. Authorize the City Manager to execute a first amendment to a Memorandum of Understanding (MOU) with the Santa Paula Unified School District (SPUSD) to pay for school crossing guard services for one year; and

2. Authorize the City Manager to enter into a contract with All City Management Services, Inc. (ACMS) for crossing guard services in the amount of $230,937.24, conditioned on entering into the first amendment to the MOU with SPUSD.

9.G ADOPTION OF RESOLUTION NO. 7426 INTENT TO GRANT FRANCHISE

TO CARBON CALIFORNIA MIDSTREAM, LLC
RECOMMENDATION:

Staff recommends that the City Council:

Adopt Resolution No. 7426, which conveys the City’s intent to grant a franchise to Carbon California Midstream, LLC as set forth therein.

Presented by: Clete J. Saunier, Public Works Director

10. ACTION ITEMS

10.A MESA TANKS REPLACEMENT PROJECT
RECOMMENDATION:

Staff recommends that the City Council:

1. Find the Mesa Tanks Replacement Project is categorically exempt from the California Environmental Quality Act (CEQA) as a Class 2 categorical exemption;

2. Award a Construction Contract to Canyon Springs Enterprises for the construction of the Mesa Tanks Replacement Project in the amount of $4,449,900 and authorize the City Manager to execute the contract in a form approved by the City Attorney;

3. Authorize the City Manager or his designee to approve contract change orders to the Construction Contract as required and verified by staff in an amount not to cumulatively exceed $556,238 (12.5% construction contingency) for the Mesa Tanks Replacement Project;

4. Approve the execution and acceptance of a Temporary Construction City of Santa Paula - City Council - City Council Regular Meeting 5 Easement (TCE) with associated monthly compensation of $4,000 per month, for the use of adjacent vacant property for contractor equipment staging, material laydown and storage;

5. Authorize the City Manager to execute a professional services agreement with Phoenix Civil Engineering (PCE) for an amount not to exceed $378,930 for construction management, materials testing, and associated construction period services for the Mesa Tanks Replacement Project;

6. Authorize the City Manager to execute a professional services agreement with MNS Engineers, Inc. (MNS) for an amount not to exceed $84,587 for construction engineering services for the Mesa Tanks Replacement Project; and

7. Approve budget adjustments as shown in Table 2 of the Staff Report to allocate $1,210,000 in funds from the Crosstown Pipeline to the Mesa Tanks Replacement Project, to complete the necessary funding of $5,616,692 needed for this project.

Presented by: Clete J. Saunier, Public Works Director
Robert Woodward, Interim City Engineer

10.B INTRODUCTION OF ORDINANCE NO. 1322, AMENDING CHAPTER 96 OF

THE SANTA PAULA MUNICIPAL CODE TO CLARIFY ENROACHMENT

PERMIT REQUIREMENTS
RECOMMENDATION:

Staff recommends that the City Council:

1. Introduce and waive first reading of Ordinance No. 1322 entitled: An Ordinance of the City Council of the City of Santa Paula, California, Amending Subsections 96.20 et. seq. of the Santa Paula Municipal Code Regarding Encroachment Permits.

10.C
INTRODUCTION OF ORDINANCE NO. 1324 RELATING TO THE

AUTHORIZATION AND IMPLEMENTATION OF A COMMUNITY CHOICE

AGGREGATION PROGRAM
RECOMMENDATION:

Staff recommends City Council:

1. Introduce and waive first reading of Ordinance No. 1324 entitled: AN

ORDINANCE OF THE CITY COUNCIL OF SANTA PAULA RELATING

TO THE AUTHORIZATION AND IMPLEMENTATION OF A

COMMUNITY CHOICE AGGREGATION PROGRAM

10.D FISCAL REVIEW: FY 21/22 YEAR END AND FY 22/23 Q1
RECOMMENDATION:

City of Santa Paula - City Council - City Council Regular Meeting 6 Staff recommends that the City Council:
1) Adopt Resolution No. 7425 Amending the City’s Operating and CIP Budget for FY 2021/22 and FY 2022/23, and
2) Adopt a revised Position Control List to reflect the re-establishment of an Assistant Finance Director position.

11. ITEMS FOR FUTURE AGENDAS

11.A FUTURE AGENDA ITEMS

12. ADJOURNMENT
State of California )-
County of Ventura )- ss
City of Santa Paula )-
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 7 To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: EXTEND APPROVAL TO HOLD VIRTUAL CITY COUNCIL,

COMMISSION, COMMITTEE, BOARD AND OTHER CITY BODIES,
MEETINGS PURSUANT TO AB361
Date: October 19, 2022
Agenda Item: 9.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Extend Approval to hold Virtual City Council, Commission, Board, and other City Bodies Meetings Pursuant to AB361.

BACKGROUND:

With the expiration of the Governor's Executive Order, the Governor signed into law Assembly Bill 361. Effective October 1, 2021, AB 361 allows local governments to continue to conduct remote virtual meetings so long as there is a state-proclaimed state of emergency and the legislative body makes mandatory findings.

On October 6, 2021, the Council unanimously voted to continue virtual City Council meetings under AB 361 by adopting Resolution No. 7369. In November, however, the Council returned to in-person meetings and allowed Resolution No. 7369 to lapse.

On January 19, 2022, the Council again unanimously voted to continue virtual City Council, Commission, Board, and other City Bodies meeting under AB 361 by adopting Resolution No. 7384.

In order to extend the ability to hold virtual City Council, Commission, Board, and other City Bodies Meetings pursuant to AB 361, the City Council must make the findings and determinations under AB 361 to again allow the Council to meet virtually.

ANALYSIS:

In order to continue to qualify for AB 361's waiver of in-person meeting requirements, the City Council must, within thirty (30) days of its first meeting under AB 361, and every thirty (30) days thereafter, make findings that (a) state or local officials continue to recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees.
8 The above conditions continue to exist at this time, and staff recommends the City Council by motion reconfirm the findings and determinations made in Resolution No. 7384 so that the City Council may continue to meet virtually under AB 361.

Lastly, it is important to note that AB 361 is optional. If the City Council wishes, it may meet in person.

STRATEGIC PLAN:

None.

FISCAL IMPACTS:

There is no fiscal impact associated with this item.

OPTIONS:

1. Approve staff recommendations; or

2. Without a majority vote of the City Council every 30 days, to extend the time, Resolution No. 7384 approving virtual meetings pursuant to AB 361 would lapse, requiring Council to hold in-person meetings until extended by a majority vote.

ATTACHMENTS:
9 CITY OF SANTA PAULA
City Council Regular Meeting
October 5, 2022, 6:30 PM

MINUTES

REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Crosswhite called the meeting to order at 6:30 p.m. 2) INVOCATION
Chaplain Kay Wilson-Bolton provided the Invocation.
3) FLAG SALUTE
Councilmember Araiza led the flag salute.
4) ROLL CALL
Members Present: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Richard Araiza, and Leslie Cornejo
5) PRESENTATIONS

5.A) CITY MANAGER’S DEPARTMENT REPORT
City Manager Dan Singer provided the City Manager's Department Report February - August 2022.
6) PUBLIC COMMENT
None.
7) CITY COUNCIL REPORTS
Councilmember Juarez:

Attended the Citizens CORP meeting.

Councilmember Araiza:

Attended the Rotary Pumpkin Patch.
10 Councilmember Cornejo:

Attended with Mayor Crosswhite, the adhoc for Harvest development; and announced she will be absent at the next Regular City Council meeting on October 19, 2022.

Vice Mayor Sobel:

Attended Economic Development Collaborative Board meeting; Cycle Cal Coast meeting; County of Ventura electric vehicle showcase; and Oil Museum.

Mayor Crosswhite:

Attended Santa Paula together on Housing in East Area 1; Oil Museum strategy meeting; All Children Thrive youth meeting; local toy store 1 year anniversary; and Santa Paula High School Homecoming game. 8) CITY MANAGER REPORTS
City Manager Singer:

Handed out the agenda for upcoming October 13, 2022 Reconnect Ventura County Housing Conference. Community Development Director James Mason will present at the conference.
9) CONSENT CALENDAR
Councilmember Juarez recused himself from vote on September 21, 2022 Special Meeting on the Oil Museum.

Vice Mayor Sobel requested items 9C and 9E pulled for discussion and separate vote.

9.A) EXTEND APPROVAL TO HOLD VIRTAL CITY COUNCIL,

COMMISSION, COMMITTEE, BOARD AND OTHER CITY BODIES,
MEETINGS PURSUANT TO AB361

9.B) APPROVAL OF MINUTES

9.C) PURCHASE OF PRE-FABRICATED RESTROOM FOR TEAGUE PARK This item was pulled for discussion and separate vote.

Parks & Recreation Director, Greg Barnes and Project Manager, Bill Lindsey answered questions by Council.

Motion: Approve City Manager to purchase (1) New Santiago model restroom for Teague Park in the amount of $142,302.23 from CXT Precast Concrete Products.

Moved by Leslie Cornejo, seconded by Andy Sobel
Vote: Motion carried 5-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Richard Araiza, Leslie Cornejo

9.D) EJS CONSTRUCTION INC. AGREEMENT FOR BOYS & GIRLS CLUB

RESTROOM PROJECT

9.E) TRAFFIC SIGNAL MAINTENANCE WORK ORDER FOR YUNEX, LLC 11 This item was pulled for discussion and separate vote. With the Public Works Director absent from the meeting, City Manager Dan Singer will report back with Councils questions.

Motion: Approve City Manager to execute Maintenance Work Order #43A to the Traffic Signal Maintenance contract with Yunex, LLC for the maintenance and repair of City traffic signals.

Moved by Andy Sobel, seconded by Carlos Juarez
Vote: Motion carried 5-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Richard Araiza, Leslie Cornejo
Motion: Approve CONSENT CALENDAR 9A, 9B, and 9D, with Councilmember Juarez recusing from 9B, September 21, 2022, Special Meeting on the Oil Museum.

Moved by Leslie Cornejo, seconded by Carlos Juarez
Vote: Motion carried 5-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Richard Araiza, Leslie Cornejo
10) ACTION ITEMS

10.A) 2021-2023 CITY COUNCIL STRATEGIC PLAN PROGRESS REPORT This item was presented by Jonathan Royas, Management Analyst. Staff answered question from Council.

Council provided staff with additions and changes for update. 11) ITEMS FOR FUTURE AGENDAS

11.A) FUTURE AGENDA ITEMS
Additional items were added to the Future Agenda Items as requested by Council.

Councilmember Araiza announced he will be absent from the Regular City Council Meeting October 19, 2022.
12) ADJOURNMENT
Mayor Crosswhite adjourned the meeting at 7:45 p.m.

Julie Latshaw, City Clerk
ATTEST:
12 CITY OF SANTA PAULA
City Council Closed Session Meeting
October 10, 2022, 1:30 PM

MINUTES

CLOSED SESSION - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Crosswhite called the meeting to order at 1:30 p.m. 2) ROLL CALL
Members Present: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Richard Araiza, and Leslie Cornejo
3) PUBLIC COMMENTS
Laura Espinosa was called to speak on behalf of Santa Paula Latino Town Hall providing characteristics they would like to see in the interim and permanent chief of police.
4) CLOSED SESSION

4.A) PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code §54957, Title: Interim Police Chief
Interim City Attorney Monica Castillo announced Council will move to closed session for Public Employee Appointment Pursuant to Government Code §54957, Title: Interim Police Chief.
5) CLOSED SESSION REPORT
Interim City Attorney Monica Castillo reported out there was no reportable action.
6) ADJOURNMENT
Mayor Crosswhite adjourned the meeting at 3:45 p.m.

ATTEST:
13 Julie Latshaw, City Clerk
14 To: Honorable Mayor and Members of the City Council
From: Christy Ramirez, Finance Director
Subject: SEPTEMBER 2022 WARRANTS AND CERTIFICATIONS
Date: October 19, 2022
Agenda Item: 9.C

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 September 2022, starting check number 332023 and ending check number 332270.

Review and accept the "Certification of Salaries" for the pay period ending dates August 26th, 2022 through September 23rd, 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 dates. 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 number (entitled 'number') d. PY-PAYROLL for benefit 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

CERTIFICATION OF SALARIES
15 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 August 26th, 2022, through September 23rd, 2022.

ANALYSIS:

See the attachments for expense breakdown by respective fund.

STRATEGIC PLAN:

FISCAL IMPACTS:

OPTIONS:

1. Receive and file September 2022 Certifications of Accounts Payable Checks and Certification of Salaries.

ATTACHMENTS:

SEPTEMBER 2022 WARRANTS AND CERTIFICATIONS.pdf
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To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: ROBERT WILLIAM COMPANY, LLC AMENDMENT NO. 2
Date: October 19, 2022
Agenda Item: 9.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff Recommends that City Council:

BACKGROUND:

In late 2019, Parks and Recreation Department staff identified the need for assistance related to project management for various large maintenance and construction projects. In April of 2020 staff solicited Requests for Proposals (RFPs) from qualified project management firms.

After reviewing the submitted proposals, staff selected two firms: Robert William Company, LLC (RWC) and Gannett Fleming. Both were awarded contracts for future project management services on an as needed basis (project by project).

Gannett Fleming's agreement has since expired, making RWC the Parks & Recreation Department's sole provider for Project Management Services (as it relates to large maintenance and construction projects).

ANALYSIS:

Since awarding the original project management agreement, it has become apparent that there is a need to allow for a greater "not-to-exceed" amount.

RWC has provided project management services to the City on various past projects including the Boys & Girls Club Roof Replacement and repairs to the building at Mill Park. They are currently working on a number of projects on the City's behalf such as: the Mill Park Restroom Remodel, Teague Park Restroom Replacement & Demo, Police Station Remodel and Security Fencing, OES Generator Project, and the Boys & Girls Club Restroom Remodel.

While the original contract amount was thought to be sufficient, the lack of a second project management firm along with the number of projects currently underway causes staff to 50 anticipate the annual "up to amount" will be exceeded, if not amended.

The amendment before City Council this evening increases the amount, however no budget adjustment is required as the costs for services are funded through each projects existing budget.

STRATEGIC PLAN:

Approval of this item moves us closer to completing City Council's two-year Strategic Plan, Section C, Objective #3 & Section E, Objective #6.

RWC is managing projects directly related to improving employee working conditions and Police Department facility upgrades.

FISCAL IMPACTS:

Funding for Robert William Company LLC is on a per project basis and is included in each project's approved budget.

OPTIONS:

If City Council does not approve the amendment this evening, staff will need to solicit Requests for Proposals / Qualifications from new firms. While RWC can continue to manage a few of the projects mentioned in the staff report, some projects will be suspended until a new firm is selected.

ATTACHMENTS:

EXHIBIT A: RWC Amendment No. 2.pdf
EXHIBIT B: RWC Original Agreement and Amendment No 1.pdf 51 EXHIBIT A
Robert William Company, LLC
Amendment No. 2
52 1
65283.00001\32863188.1
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA AND
ROBERT WILLIAM COMPANY, LLC.

This Amendment No. 2 is entered into as of this 19th day of October, 2022 by and between the CITY OF SANTA PAULA, a California municipal corporation (hereinafter “City”), and ROBERT WILLIAM COMPANY, LLC. (hereinafter, “Consultant”).

SECTION 1: Recitals. This Amendment No. 2 is made with reference to the following facts and objectives:
a. On or about July 8, 2020, the City and Consultant entered into a Professional Services Agreement (“Agreement”).
b. The Agreement, starting from July 8, 2020 and ending June 30, 2024 (“Term”), authorizes the City to utilize Consultant for Project Management Services. c. City and the Consultant now mutually desire by this Amendment No. 2 to increase the total contract consideration amount.

SECTION 2: Amendment. In consideration of the foregoing and pursuant to Section 1 of the Agreement, the Agreement is amended to read as follows:

Section 1.C., entitled “CONSIDERATION AND COMPENSATION” is amended to read as follows:
“As additional consideration, CITY agrees to pay CONSULTANT an amount not to exceed One Hundred Twenty-Five Thousand dollars ($125,000) per year, billed at the hourly rates set forth in Exhibit B, unless otherwise specified by written amendment to this Agreement”.

SECTION 3: Counterparts. This Amendment No. 2 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.

SECTION 4: Limited Amendment. Except as modified by this Amendment No. 2, all other terms and conditions of the Agreement remain in full force and effect. In the event of a conflict between this Amendment No. 2 and the Agreement, the provisions of this Amendment No. 2 shall control.
[Signatures on next page]
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EXHIBIT B
Robert William Company, LLC
Original Agreement &
Amendment No. 1
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69 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: FISCAL YEAR 2022-2023 CITYWIDE STREET MAINTENANCE FUNDING Date: October 19, 2022
Agenda Item: 9.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

2. Approve an allocation of $741,687 in accordance with the account breakdown shown in Table 1.

BACKGROUND:

On June 19, 2019, staff presented to the City Council a 5-Year Pavement Management Plan (PMP) within a 20-year forecast. The PMP is used as a roadmap for the development of the City's Capital Improvement Program (CIP) that includes ongoing pavement repair, resurfacing, and rehabilitation of the City’s streets. The plan calls for extensive citywide street maintenance to extend the service life of certain existing roads. The Street Maintenance Program for Part 1 (fall season) of fiscal year 2022/2023 consists of road repair and maintenance including digouts and micro-surfacing to extend the service life of road surfaces in multiple areas of the city.

The Street Maintenance Program is essential for the necessary maintenance and minor rehabilitation of City roads to be completed in a systematic manner.

With Council’s approval of the proposed street maintenance work order (Exhibit A), the City will be able to effectively use these funds to address on-going street maintenance needs in conjunction with the City’s 5-Year Pavement Management Plan. The proposed Street Maintenance Program is the first part of what is typically a two-part program that will commence in the fall of this year. This current proposed work addresses maintenance work on portions of Tenth, Eleventh, Twelfth and Thirteenth Streets, Ojai Street, Saticoy Street, and Orchard Street to the approximate limits reflected below. Additional maintenance will be completed at the City’s Corporation Yard, pavement restoration at water line repair locations around town, as well as miscellaneous concrete work associated with access ramp and 70 sidewalk repairs.

FALL 2022 STREET MAINTENANCE
Street Name From To
Tenth Street SR 150 (Ojai Road) Virginia Terrace
Ojai Street Santa Paula Street SR 150 (Ojai Road)
Eleventh Street Santa Paula Street Saticoy Street
Twelfth Street Santa Paula Street Orchard Street
Thirteenth Street Santa Paula Street Orchard Street
Saticoy Street Twelfth Street Thirteenth Street
Orchard Street SR 150 (Ojai Road) Thirteenth Street
ANALYSIS:

On April 1, 2020, City Council a uthorized the City Manager to execute a three-year street maintenance agreement with J & H Engineering. This agreement ensured that the City would be able to carry out all aspects of the Street Maintenance Program. This current 2022-2023 fiscal year marks the third and final year of this three-year agreement. Staff recommends the City Council approve the street maintenance work order and related funding appropriation as requested. Upon approval, staff will schedule the street maintenance work as outlined above.

STRATEGIC PLAN:

There are no impacts to the City's Strategic Plan.

FISCAL IMPACTS:

There is available funding from Measure T and SB1 Funds to address the Street Maintenance Program for FY 2022-2023. The total project cost is $741,687 and includes the proposed work order cost from J&H Engineering for $645,945 and a 15% contingency of $96,742 to cover unforeseen additional work.

The funding for this project is available in the FY 22/23 budget, as shown below.

Table 1: Funding Sources & Appropriation Request for Part 1, FY 2022 – 2023 Fund Source Account No. Available Amount for Street
Maintenance
Measure T 104-5-9359-660 $264,483
SB1 283-5-9285-660 $477,204
Total $741,687
71 OPTIONS:

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

1. Do not approve the work order with J & H Engineering and delay street maintenance work that is essential for compliance with the adopted Pavement Management Plan.

ATTACHMENTS:

EXHIBIT A - Street Maintenance Work Order.pdf
72 EXHIBIT A
Street Maintenance Work Order
73 City of Santa Paula 970 Ventura Street / P.O. Box 569, Santa Paula, CA 93061 / (805) 933-4212 MAINTENANCE WORK ORDER #11
Issued under MAINTENANCE AGREEMENT FOR SERVICES, dated April 7, 2020.

Project Name: FY 2022-2023 Fall Street Maintenance Project Project Number:

Contractor Name: J & H Engineering, Inc.

Vendor Number: 010595
Contract Number:

Account Number: 104-5-9359-660 ($264,483) and 283-5-9285-660 ($477,204) Date Prepared: October 11, 2022
Project Description:

The FY 2022-2023 Citywide Street Maintenance work consist of pothole repairs, dig outs, microsurfacing and thin lift asphalt overlays up to 1/8-inches thick that will extend the service life of these roads an additional five to ten years.

Description of Services to be Performed by Contractor under this Work Order:

The City of Santa Paula authorizes the Contractor (J & H Engineering General Contractors, Inc.) to perform asphalt digouts and thin lift overlay on selected local streets in the City of Santa Paula. Please see additional information on the attached proposal dated October 10, 2022.

Time for Completion:

The Contractor shall complete by January 1, 2023.

Cost Estimate:

Work Order # 11 hereby authorizes payment in the amount of $741,687 and includes the proposed work order cost from J & H Engineering for $645,945 and the 15% contingency of $96,742 to cover unforeseen additional work. This project shall be completed on a time and materials basis in accordance with the unit prices shown in Exhibit A. Charges to the unit prices shall be submitted to the City for review and approval.

CONSULTANT/CONTRACTOR
Amy McMullen
J & H Engineering, Inc.

Date 2nd Signature Date
Recommended/Approved By:

Clete Saunier, Date Christy Ramirez Date
Public Works Director Finance Director
Dan Singer, Date
City Manager
For Internal Use Only:

Budgeted _____Yes _____ No
Appropriation Transfer Needed: _____Yes _____No
Date City Council Approved: __________
Agenda Item No.: _____ 74
City of Santa Paula
Public Works Agency
866 Main Street
Santa Paula, CA 93060 October 10, 2022
Attention: Bob Woodward
Subject: Fall 2022 – Santa Paula PMP
QUOTE #2749
Item Quantity Value
Construct City of Santa Paula Fall PMP per
the line items attached. Price includes
bond fee for material & labor only.

Sweeping and surface prep with tack coat
are included. Temporary tabs are included. 1 $ 644,945.22 LS $ 644,945.22 FALL PMP - 2022
Unit Price
75 76
To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: FIRST AMENDMENT OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH SPUSD & A CONTRACT WITH ALL CITY MANAGEMENT

SERVICES (ACMS) FOR CROSSING GUARD SERVICES
Date: October 19, 2022
Agenda Item: 9.F

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

BACKGROUND:

The Santa Paula Unified School District (SPUSD) has reached out to the City of Santa Paula to facilitate crossing guards throughout the various schools in the District. In this partnership, SPUSD plans to pay for crossing guard services to All City Management Services (ACMS) and utilize the City of Santa Paula as a “pass-through”. Ultimately, SPUSD is funding crossing guard services. This is an ongoing arrangement which has transpired over the course of the last several years.

ANALYSIS:

In order to move forward with the partnership, the City of Santa Paula has produced a first amendment to the Memorandum of Understanding (MOU) (Exhibit A - First Amendment SPUSD) with SPUSD and an agreement with All City Management Services (ACMS) (Exhibit B - ACMS Agreement). The first amendment to the MOU with SPUSD is good for one year with the option to renew up to four years thereafter. City staff has had all documents reviewed by the City Attorney’s Office and the California Joint Powers Insurance Authority (CJPIA).

Costs associated with the crossing guard services will be paid by SPUSD, but due to the fact that the streets are owned by the City, both agencies decided to form a partnership in order to move the program forward.
77 The program will fund nine crossing guards in total at the request of the school district officials; six located throughout the City near various elementary, middle and high school locations; one located at the intersection of N. Ojai Rd. and Oakdale Pl near Bedell Elementary; one at the intersection of Steckel Dr. and Main St. near Glen City Elementary; and one at the intersection of High St. & SR-150. For regular school days the morning shift for crossing guards starts around 7:15 AM to 8:30 AM and the afternoon shift from 2:15 PM to 3:30 PM. During minimum days the afternoon shift begins 11:30 AM to 12:30 PM.

ACMS is a full-service crossing guard services contractor that performs work for neighboring cities, including Port Hueneme, Ventura and Oxnard. The company coordinates all aspects related to recruitment, local hiring, conducting background clearance compliant with Department of Justice standards, training, payroll, administrative support, coordination of assigning qualified substitutes during absences, local supervision, and communicating with school and site safety inspectors.

The company specializes in only providing school crossing guard services. They have been in business since 1985 and are currently the largest provider of school crossing services in the area. They employ over 3,500 crossing guards for over 150 agencies.

STRATEGIC PLAN:

N/A
FISCAL IMPACTS:

Costs associated with providing crossing guard services are expected to be nominal for administrative services such as payment processing. The Santa Paula Unified School District will fund the program, reimbursing the City for payments made to ACMS. No budget allocation is required as these are pass through payments in the amount of $230,937.24.

OPTIONS:

1. Do not approve the agreement with All City Management Services to provide school crossing guard services and the MOU with SPUSD to pay for the services rendered.

Doing so is not advised as SPUSD and the City would need to confer as to an alternative manner to provide crossing guard services for youth in the City.

2. Provide staff with further direction.

ATTACHMENTS:

Exhibit A - First Amendment SPUSD.pdf
Exhibit B - ACMS Agreement.pdf
78 EXHIBIT A -

FIRST AMENDMENT TO THE
MOU

BETWEEN

THE CITY OF SANTA PAULA

AND SPUSD
79 65283.00007\40764036.3

FIRST AMENDMENT TO THE

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SANTA PAULA AND THE SANTA PAULA UNIFIED SCHOOL

DISTRICT
THIS FIRST AMENDMENT (“Amendment”) is made and entered into this 10th day of October 2022, by and between the CITY OF SANTA PAULA, a California general law city and municipal corporation (“City”), and the SANTA PAULA UNIFIED SCHOOL DISTRICT (“District”). City and District shall be referred to herein from time to time individually as “Party” and collectively as “the Parties.”

1. RECITALS. This Amendment is made with reference to the following facts and objectives:

A. On July 1, 2021, the City and District entered into a Memorandum of Understanding setting forth each Party’s responsibility with respect to the payment of and contracting for crossing guard services (the “MOU”).

B. The term of the MOU was from July 1, 2021 to June 30, 2022. Despite ending June 30, 2022, City and District have continued to perform the MOU to the present date.

C. The MOU provides that City shall pay to All City Management Services (ACMS) all costs and expenses (the “ACMS Costs”) associated with the crossing guard services provided within the City of Santa Paula at locations specified by the District.

D. The MOU provides that District shall be responsible for timely reimbursement to the City of all ACMS Costs incurred in connection with the crossing guard services.

E. The City and District now mutually desire by this Amendment to extend the MOU for an additional one (1) year term (an “Additional Term”) and increase the amount of ACMS Costs for which District must reimburse City, as set forth below.

2. AMENDMENT. In consideration of the foregoing and pursuant to Section 14 of the MOU, the MOU is amended as follows:

A. Section 3, entitled “Program,” is hereby amended to read as follows:
“3. Program. Commencing in the 2021-2022 school year, the City will contract for nine (9) persons as crossing guards at certain locations within the District and located within the City of Santa Paula as designated in EXHIBIT A attached hereto and incorporated herein by this reference. The crossing guards shall provide service between the designated hours specified in EXHIBIT A.”
80 65283.00007\40764036.3
B. Subsection 5.1 of Section 5, entitled “Crossing Guard Costs,” is hereby amended to read as follows:
“5.1 For the 2021-2022 and 2022-2023 school years, the City shall pay to ACMS all costs and expenses associated with the crossing guard services provided within the City of Santa Paula at the locations and for the amounts specified in EXHIBIT A (the “ACMS Costs”).”
C. Section 8, entitled “Term of Agreement,” is hereby amended to read as follows:
“8. Term of Agreement. The term of this MOU shall be from July 1, 2021 to June 30, 2023, unless earlier terminated as provided herein. The term may be extended for additional one (1) year terms (an “Additional Term”), for up to four (4) Additional Terms, upon the mutual agreement of the Parties. The Parties must give each other written notice of intent to extend this MOU at least thirty (30) days prior to the conclusion of the term and each Additional Term, as applicable.”
D. Exhibit A to the MOU is hereby replaced with Exhibit A attached to this Amendment.

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.

4. LIMITED AMENDMENT. Except as modified by this Amendment, all other terms and conditions of the Agreement remain in full force and effect. Whenever the term “MOU” is used in the MOU it shall mean the MOU, as modified by this Amendment. In the event of a conflict between this Amendment and the MOU, the provisions of this Amendment shall control.
[Signatures on Next Page]
81 65283.00007\40764036.3

SIGNATURE PAGE TO

FIRST AMENDMENT TO THE

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SANTA PAULA AND THE SANTA PAULA UNIFIED SCHOOL

DISTRICT
IN WITNESS WHEREOF, the duly authorized representatives of the City and District have executed this Amendment effective as of the first day and year written above.

CITY OF SANTA PAULA SANTA PAULA UNIFIED SCHOOL

DISTRICT
____________________________________ ______________________________ Dan Singer, City Manager Jeff Weinstein, Superintendent ATTEST:
____________________________________ ______________________________ Julie Latshaw, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:
_____________________________________
Monica Castillo, Interim City Attorney
82 65283.00007\40764036.3

EXHIBIT A
TO

THE FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
[Attached behind]
83 All City Management Services Inc.

Billing Rate for 2022/2023: $38.67
KEY:
24 180 4320 $38.67 = $167,054.40
6 days/yr X Hourly Billing Rate
4 151 604 $38.67 = $23,356.68
1 days/yr X Hourly Billing Rate
4 134 536 $38.67 = $20,727.12
1 days/yr X Hourly Billing Rate
4 128 536 $38.67 = $19,799.04
1 days/yr X Hourly Billing Rate
5460 $230,937.24
For sites with one regularly scheduled early release day/week, use 144 regular days and 36 minimum days Site at 4.0 hrs per day
Sites with traditional calendar:

Site at 4.0 hrs per day Total Hrs/day X
Santa Paula, CA 93060
Total Hrs/day X
Sites at 4.0 hrs per day Total Hrs/day X
September 21, 2022 - June 7, 2022 Ojai/Oakdale
201 S. Steckel
For sites with no regularly scheduled early release days, use 180 regular days Traditional Calendar:

Client Worksheet 2022 - 2023
Department: 910
City of Santa Paula

TOTAL PROJECTED HOURS TOTAL ANNUAL PROJECTED COST
Site at 4.0 hrs per day Total Hrs/day X
October 25, 2022 - June 7, 2023 High St/Hwy150
October 17, 2022 - June 7, 2023 Steckel/Main
84 Exhibit B -
ACMS Agreement
85 1

AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated October 11, 2022 and is between the CITY OF SANTA PAULA (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").

WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:

1. This Agreement is for a term which commences on or about July 1, 2022 and ends on June 30, 2023 and for such term thereafter as the parties may agree upon.

2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”.

The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City.

3. The City’s representative in dealing with the Contractor shall be designated by the City of Santa Paula.

4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor.

The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.

5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.

6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed.

7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.

8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under City’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.
86 2

9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary.

10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide City a Certificate of Insurance naming the City and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the City and shall not call on the City's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the City.

11. Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees. a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.
b) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees.
c) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of City, liability will be apportioned between Contractor and City based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s duty to indemnify City will be limited accordingly.
d) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to City for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general liability and umbrella insurance policies in the amount of $5,000,000 (Five Million Dollars).

12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.
87 3

13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City.

14. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty-eight Dollars and Sixty-seven Cents ($38.67) per hour, per Crossing Guard during the term.

Based on a minimum of eight (8) sites and upon a projected (5,972) hours of service the cost shall not exceed Two Hundred Thirty Thousand, Nine Hundred Thirty-seven Dollars ($230,937.00) per year, unless Contractor fails to perform service.

15. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.

16. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide City with 60 daysnotice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt.

17. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties.
18 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect. [SIGNATURES FOLLOW ON NEXT PAGE]
88 4

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.

CITY CONTRACTOR

City of Santa Paula All City Management Services, Inc.

By_____________________________ By______________________________ DAN SINGER, CITY MANAGER D. Farwell, Corporate Secretary _____________________________ _____________________________ Date Date
ATTEST:
_______________________________

JULIE LATSHAW, CITY CLERK
Approved as to Form:
_________________________________

MONICA CASTILLO, INTERIM CITY

ATTORNEY
89 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: ADOPTION OF RESOLUTION NO. 7426 INTENT TO GRANT

FRANCHISE TO CARBON CALIFORNIA MIDSTREAM, LLC
Date: October 19, 2022
Agenda Item: 9.G

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

Adopt Resolution No. 7426, which conveys the City’s intent to grant a franchise to Carbon California Midstream, LLC as set forth therein.

Presented by: Clete J. Saunier, Public Works Director
BACKGROUND:

Carbon California Midstream, LLC (“CCM”), is in the process of acquiring a gas transmission line owned by the grantee of a prior franchise granted by the City. CCM has submitted an application for the grant of a further franchise of an indeterminate term, a copy of which is attached to the accompanying Resolution and incorporated therein by reference. The grantee of said franchise, and its successors and assigns, will, during the life of said franchise, pay to the City an annual fee computed by multiplying the sum of one-half of the nominal internal diameter of the pipe, expressed in inches, by the number of lineal feet of the pipe within the public streets, ways, alleys, or other public places within the municipality. Said fee will be paid annually from the date of the granting of said franchise, and in the event such payment shall not be made, said franchise will be forfeited.

To grant a franchise as requested, applicable law requires a City to (1) adopt a resolution of intent to grant a franchise (2) notice and hold a hearing on the matter, and (3) adopt an ordinance taking such action. The current item is the first step of that process and contemplates that the remaining process is to be exhausted during regular meetings of this City Council over the following two months.

ANALYSIS:

Representatives from CCM will be present to answer any questions Council may have about the franchise or its operation of the pipeline
STRATEGIC PLAN:
90 The approval of this agenda item does not directly address the strategic goals within the City’s adopted Strategic Plan.

FISCAL IMPACTS:

The franchise fees are adjusted annually depending on the Consumer Price Index (CPI) (September, LA/Long Beach/Anaheim All Urban Consumers).

For calendar year 2022, franchise fees were:

Diameter Footage Price/LF Original Base Amount
(June 30, 1989)
Base Amount
(2022)
6 Inches 14,133 $0.30 $4,239.90 $6,355.60
The base rates are established in Section 6231.5 of the Franchise Act of 1937 (Public Utilities Code Section 6201, et seq.). Note that the actual adjustment for 2023 will be calculated based on the September 2022 CPI value.

OPTIONS:

In addition to the recommended action, the Council has the following option:

1. Do not approve Resolution No. 7426.

ATTACHMENTS:

Exhibit A Resolution 7426 Franchise Agreement.pdf
91 EXHIBIT A
Resolution No. 7426 Intent to Grant Franchise to
Carbon California Midstream, LLC
92 Resolution No. 7426

INTENT TO GRANT FRANCHISE TO CARBON CALIFORNIA MIDSTREAM, LLC

RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA PAULA, CALIFORNIA
October 19, 2022
WHEREAS, Section 6202 of the California Public Utilities Code authorizes the City Council to grant a nonpublic utility pipeline operator a franchise to lay and use pipes, connections and appurtenances for transmitting and distributing industrial gas or products thereof for any and all purposes under, along, across or upon the public streets and alleys; and
WHEREAS, Public Utilities Code § 6231 requires the applicant to file with the City Council an application stating:

A) The name of applicant;
B) The purpose and term, whether definite or indeterminate, for which the franchise is desired; and
C) If granted the franchise as applied for, applicant, its successors and assigns will pay to the City of Santa Paula during the life of the franchise an annual franchise fee in an amount agreed to by the applicant and the City of Santa Paula, per Public Utilities Code § 6231.5(e).

WHEREAS, Carbon California Midstream, LLC, a California corporation and nonpublic utility, has filed an application to receive such franchise, a copy of which is attached hereto as Exhibit A and incorporated herein by reference as if fully set forth herein.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Public Utilities Code § 6232, a Resolution of Intention to grant the franchise applied for by Carbon California Midstream, LLC to lay and use pipes, connections and appurtenances for transmitting and distributing industrial gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places within that portion of the City of Santa Paula is passed. This franchise will be granted for an indeterminate term. The grantee of said franchise, and its successors and assigns, will, during the life of said franchise, pay to the City an annual fee computed by multiplying the sum of one-half of the nominal internal diameter of the pipe, expressed in inches, by the number of lineal feet of the pipe within the public streets, ways, alleys, or other public places within the municipality.

Said fee will be paid annually from the date of the granting of said franchise, and in the event such payment shall not be made, said franchise will be forfeited.

BE IT FURTHER RESOLVED that the Clerk of the City Council is directed to publish a notice once within 15 days after the passage of this Resolution the date, time 93 and place of a hearing, in a newspaper of general circulation within the City.

Said hearing shall be held on the 16th day of November, 2022, at the hour of 6:30 p.m., a day not less than twenty (20) nor more than sixty (60) days after the date of the passage of this resolution, at City Hall, City of Santa Paula, 970 Ventura Street, Santa Paula, CA 93060. All persons having any objection to the granting of the franchise hereinabove described may appear before the City Council and be heard thereon. Said Notice may be in substantially the following form:

NOTICE OF INTENTION TO GRANT NATURAL GAS

FRANCHISE
Notice is hereby given by the City Council of the City
of Santa Paula that it intends to grant, under and pursuant to Division 3, Chapter 2 of the Public Utilities Code of the State of California, known as the Franchise Act of 1937, to Carbon California Midstream, LLC, a franchise to lay and use pipes and appurtenances for transmitting and distributing natural gas runs from the Sulphur Crest metering facility in upper Santa Paula through the City of Santa Paula to the CaINRG custody transfer station at the 12th Street Bridge, as more particularly described in Carbon California Midstream, LLC’s application which is incorporated by reference into City Council Resolution No. 7426. November 16, 2022, at 6:30 p.m., at the place where this City Council usually meets, is hereby fixed as the day, hour and place when and where
any and all persons having any objection to the granting of said franchise may appear before this City Council and be heard thereon. At any time not later than the hour so set for the hearing of objections, any person interested may make written protest, stating objections against the granting of such franchise. Such protest must be signed by the
protestant and be delivered to the Clerk of this City Council.

The term for which said franchise is proposed to be granted is indeterminate. The grantee of said franchise, and its successors and assigns, will, during the life of said franchise, pay to the City an annual fee computed by multiplying the sum of one-half of the nominal internal diameter of the pipe, expressed in inches, by the number of lineal feet of the pipe within the public streets, ways, alleys, or other public places within the municipality. Said fee will be paid annually from the date of the granting of said franchise, and in the event such payment shall not be made, said franchise will be
forfeited.

Dated October 19, 2022.
94 I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Santa Paula at a regular meeting thereof, held on the ___ day of _____, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jenny Crosswhite
Mayor of the City of Santa Paula
ATTEST:
________________________________
Julie Latshaw
City Clerk of the City of Santa Paula
95 EXHIBIT A
96 97
98 Santa Paula
Maxar ¢
0 0.1 0.2 0.4 0.6 0.8
Miles
6" Gas Pipeline Santa
Paula City Limits
B. Davis 6/20/2022
PL8406 - 6" Gas Pipeline
Spatial Reference
Name: WGS 1984 Web Mercator Auxiliary Sphere
Projection: Mercator Auxiliary Sphere
Sources
Basemap: Esri, Maxar, Earthstar Geographics, and the GIS User Community City Boundary: CAL FIRE - FRAP. Numerous county and cities contributed data, BOE provided notices for every new annexation.

Pipeline: The Termo Company 99
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: MESA TANKS REPLACEMENT PROJECT
Date: October 19, 2022
Agenda Item: 10.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Find the Mesa Tanks Replacement Project is categorically exempt from the California Environmental Quality Act (CEQA) as a Class 2 categorical exemption;

4. Approve the execution and acceptance of a Temporary Construction Easement (TCE) with associated monthly compensation of $4,000 per month, for the use of adjacent vacant property for contractor equipment staging, material laydown and storage;

Presented by: Clete J. Saunier, Public Works Director
Robert Woodward, Interim City Engineer
BACKGROUND:

A 2002 Condition Assessment Report analyzing the condition of the existing Mesa Tanks, 100
which currently have a combined storage capacity of 420,000 gallons, recommended replacement of both tanks. In addition, the City’s 2005 Potable Water Master Plan identified storage deficiencies in the City’s 600-pressure zone, which resulted from a new fire flow requirement of 4,000 gallons per minute (gpm) for a four-hour duration (960,000 gallons total) for Santa Paula Hospital. The 2005 Potable Water Master Plan also requires Emergency Storage and Regulatory Storage based on the Maximum Day Demand (MDD) within a given year. Based on 2018 flows, the MDD was calculated to be 215 gpm, which is higher than the 139 gpm MDD identified in the 2005 Potable Water Master Plan. In 2018, the Ventura County Fire Department assumed fire operations within Santa Paula and revised the Santa Paula Hospital’s fire flow requirement to 1,750 gpm over a two-hour duration (210,000 gallons).

In a letter dated August 9, 2017, the State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) identified the Mesa Tanks as being in poor condition, consistent with previous findings, and requiring replacement to address the deficient condition of the tanks.

Mesa Tanks Replacement Project
The proposed Mesa Tanks Replacement Project entails the replacement of Mesa Tanks #1 and #2 with two new 300,000-gallon above-ground welded steel tanks, each 47 feet in diameter and 35 feet in height. A six-foot-high perimeter security chain link fence would be installed around the perimeter of the tank facility with an approximately 12-foot-wide driveway gate, installed at the southern end of the tank facility. The fenced tank facility would be paved, and a retaining wall ranging in height from two feet to 13 feet would be installed on the western and northern edges of the tank facility. One new 15-kilowatt (kW) emergency generator would be installed on the southern portion of the tank facility. In addition, space would be reserved for installation of a second emergency generator by United Water Conservation District as part of a separate, future project. Other new site features would include replacement inlet and outlet piping to the tanks, overflow piping, bollards, a wharf head fire hydrant, hydrant piping, miscellaneous electrical improvements, and City supervisory control and data acquisition (SCADA) equipment upgrades. The aged steel potable water pipeline in the hillside slope east of Mesa Tanks #1 and #2 would be replaced with an eightinch diameter polyvinyl chloride (PVC) or ductile iron (DI) pipeline to be located within the existing easement on Montclair Drive, east of the tank facility. Acquisition of a temporary construction easement (TCE) on adjacent property is proposed, which will allow for necessary materials storage and staging, reduce traffic on local roads and improve construction efficiency.

ANALYSIS:

Construction Contracts
The project was advertised for bid in August, and bids were opened on Tuesday, September 20, 2022. Three contractors submitted bids: Monet Construction Company, Inc., Canyon Springs Enterprises, and Specialty Construction, Inc. Bids ranged in price from $4,092,584 to $6,219,000 and are summarized below.

No. Contractor Base Bid

1. Monet Construction Company, Inc. $4,092,584

2. Canyon Springs Enterprises $4,449,900
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3. Specialty Construction, Inc. $6,219,000
Staff reviewed the received bids relative to bid specifications and required qualifications.

Based on this review, staff determined that the lowest apparent bidder, Monet Construction Inc (Monet), did not list five projects of similar magnitude and character to demonstrate the required experience with the construction of domestic water storage tanks, which is an essential qualification for the Mesa Tanks Replacement project. Based on this determination, staff deemed Monet’s bid non-responsive, and rejected the lowest apparent bid accordingly.

Staff finds that Canyon Springs Enterprises submitted the lowest responsive and responsible bid of $4,449,900 and recommends City Council award the contract to Canyon Springs Enterprises (Exhibit C) pursuant to Santa Paula Municipal Code §§ 56.04(1)(3) and 56.08(D).

Construction period management, materials testing, and public outreach will be performed by Phoenix Civil Engineering (PCE) at a cost of $378,930. Construction engineering will be provided by MNS Engineers, Inc. (MNS), the project civil and structural engineer, at a cost of $84,587, for a total construction management and engineering project cost of $463,517.

Temporary Construction Easement
A temporary construction easement (TCE) will be executed to allow for the use of existing vacant property for contractor equipment staging, material laydown and storage during the construction of the project. The TCE area will provide necessary right of way for the contractor to more efficiently deliver and store construction materials and reduce vehicle trips through the adjacent residential neighborhoods. The cost of the TCE is $4,000 per month for an expected duration of 18 months, for a projected right of way cost of $72,000.

The total construction cost, including construction contract, contingency, construction management, engineering and right of way is $5,541,655. The anticipated construction schedule for the Mesa Tanks Replacement Project is approximately 18 months.

CEQA COMPLIANCE:

Staff recommends that the City Council find the project categorically exempt. The project’s environmental impacts have been reviewed and the project meets the qualifications for a Class 2 Categorical Exemption (replacement/reconstruction) under Article 19 of the State’s CEQA guidelines, Cal. Code of Regulations, tit. 14 §15302.

STRATEGIC PLAN:

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

Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.

FISCAL IMPACTS:

Funding for the Project’s water and sewer construction is established in the FY 2021-2023 capital improvement budget. The projected capital improvement budget adjustments were presented to City Council for information at the June 15, 2022, meeting. The budgetary 102
allocations and related adjustments contemplate delaying the implementation of the Crosstown Pipeline Project to provide necessary funding to address project construction costs. The project construction cost summary is presented in Table 1 below, and includes provisions for a 15% contingency, as well as costs related to construction management, materials testing, public outreach, construction period engineering services and right of way.

The Project construction contract execution is contingent upon City Council of the required budgetary allocations and adjustments reflected in Table 2.

Table 1: Project Construction Costs
Item Amount
Construction Contract $4,449,900

12.5% Construction Contingency $556,238
Construction Management and Engineering $463,517
Right of Way $72,000
Total = $5,541,655
Table 2: Budget Adjustment Needed
2021-2023 CIP Program Account Decrease Increase
Mesa Tank Study and
Replacement
620-5-9299-660 $1,210,000
Cross Town Water Pipeline 620-5-9236-660 $1,210,000
*Adjustment posted to FY 22/23 Budget
Table 3: Funding Sources after Adjustment– Water Construction* 2021-2023 CIP Program Fund Budget
Mesa Tank Study and Replacement
620-Water
Enterprise
$4,106,692
Mesa Tank Study and Replacement 412-ARPA $1,500,000
Total = $5,616,692
OPTIONS:

In addition to the recommended action, the Council has available to it the following alternative options:

1. Do not approve the construction contract with Canyon Springs Enterprises for the Mesa Tanks Replacement Project, and direct staff to re-bid the project. This action would significantly delay critical infrastructure replacement and project completion as currently scheduled for the FY 2021-2023 Capital Improvement Program.

ATTACHMENTS:
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EXHIBIT A Project Location Map.pdf
EXHIBIT B - Mesa Tanks Replacement Project Bid Results.pdf EXHIBIT C - Public Works Contract Canyon Spring Enterprises.pdf 104

EXHIBIT A
Project Location Map
105
106
107

EXHIBIT B
Mesa Tanks Replacement Project Bid Results
108
109

EXHIBIT C
Public Works Contract – Canyon Springs Enterprises
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65283.00001\40764190.2

PUBLIC WORKS CONTRACT

BETWEEN

THE CITY OF SANTA PAULA AND

CANYON SPRINGS ENTERPRISES
This CONTRACT is entered into this _19th _ day of October 2022__, by and between the CITY OF SANTA PAULA, a general law city and municipal corporation (“City”) and Canyon Springs Enterprises_ (“Contractor”), a California corporation.

1. WORK.

A. The Contractor shall provide all Work required by the Contract Documents (“Work”). The Contractor agrees to do additional Work arising from changes ordered by the City in accordance with the Contract Documents.

B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents.

C. The Contractor shall furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.

D. “Contract Documents” means the Notice Inviting Sealed Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.

2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Four Million Four Hundred Forty Nine Thousand Five Hundred Dollars ($4,449,500.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents and subject to the approval of the City Manager or City Council, as applicable.

3. TIME FOR PERFORMANCE.

A. The Contractor shall fully complete the Work within __320___ working days (“Contract Time”).

B. The Contract Time shall commence when the City issues a notice to proceed. The Contract Documents shall supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.

C. The Contractor may not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
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D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor shall complete the Work within the Contract Time.

E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.

4. DISPUTES. Disputes arising from this contract shall be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.

5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City shall promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification shall be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.

6. TAXPAYER IDENTIFICATION NUMBER. The Contractor shall provide the City with a Taxpayer Identification Number.

7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, shall obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.

8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but shall deliver all original materials to the City upon the City’s written notice.

9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.

10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor shall act as an independent contractor and shall have control of all Work and the manner in which is it performed.

The Contractor shall be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the Work or to exercise a measure of control over the Work means that the Contractor shall follow the direction of the City as to end results of the Work only.

11. AUDIT OF RECORDS. The Contractor shall maintain full and accurate records with respect to all services and matters covered under this Contract. The City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor shall retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
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12. NOTICES. All communications to either party by the other party shall be deemed made when received by such party at its respective name and address as follows:

The City The Contractor
City of Santa Paula Canyon Springs Enterprises
Attn: Public Works Department 27476 Via Industria
P.O. Box 569 Temecula, CA 92590
Santa Paula, CA 93061
Any such written communications by mail shall be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There shall be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

14. INTERPRETATION. This Contract was drafted in, and shall be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract shall be in Ventura County.

15. BUSINESS LICENSE. Unless waived in accordance with Santa Paula Municipal Code § 110.03(B), the Contractor and all sub-contractors must obtain a City Business License before executing this Contract.

16. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence shall be as follows:

A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.

17. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract shall continue in full force and effect.

18. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. To the extent within the City Manager’s authority, the City Manager, or designee, may execute any such amendment on the City’s behalf.

19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract shall be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature shall be treated in all respects as having the same effect as an original signature. 113
65283.00001\40764190.2

20. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.

21. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract.

22. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.

23. COUNTERPARTS. This Contract 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.

IN WITNESS WHEREOF the parties hereto have executed this contract on the day and year first hereinabove written.

CITY OF SANTA PAULA CANYON SPRINGS ENTERPRISES
_________________________________ ____________________________ Dan Singer, Eduardo Peralta, Secretary/Treasurer
City Manager
ATTEST:
_____________________________ Taxpayer ID No.

Julie Latshaw,
City Clerk
APPROVED AS TO FORM:
_________________________________
Monica Castillo,
Interim City Attorney
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To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: INTRODUCTION OF ORDINANCE NO. 1322, AMENDING CHAPTER 96

OF THE SANTA PAULA MUNICIPAL CODE TO CLARIFY

ENROACHMENT PERMIT REQUIREMENTS
Date: October 19, 2022
Agenda Item: 10.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

BACKGROUND:

From time to time, staff finds it necessary to update relevant portions of the City of Santa Paula Municipal Code (SPMC) to insure alignment of SPMC sections to current permitting requirements, terminology, safety standards, and evolving patterns of traffic circulation and regulation throughout the City. Subsections of Chapter 96, ranging from 96.20 to 96.39, were first adopted in 1981 and last amended in 2003.

In recent years, City staff has observed an increase in encroachment permit and related construction activity associated with improvements and repairs to existing overhead and underground utility infrastructure located in public right of ways, as well as expansions and improvements to infrastructure associated with development projects. Such increases in construction activity within the public right of way must be considered relative to evolving patterns of traffic circulation city-wide associated with population growth, changes in mobility patterns, and the return of traffic volumes to pre-COVID levels.

In this context, the timely accommodation of encroachment permit requests, permit processing and related construction must be balanced against the need for the safe and efficient operation of the public right of way and the protection of vehicular and pedestrian traffic in accordance with current safety standards. Further, it is understood that portions of City right of way abutting sensitive and essential facilities such as fire and police stations, schools, hospital and airport facilities, as well as critical City infrastructure should be afforded an elevated level of consideration relative to lane and road closures and similar restrictions of vehicular and pedestrian circulation. Similarly, established cross-town streets and those streets with collector, boulevard or arterial classification which convey significant and regular patterns of 115
traffic require specific consideration relative to restrictions posed by construction activity and related traffic control.

ANALYSIS:

The proposed ordinance (Exhibit A) addresses amendments to subsections 96.20 to 96.39 of the SPMC including definitions, permitting, plan and traffic control requirements, and required securities. References to established traffic control standards published by the State of California are included, as well as provisions for the Public Works Director to recognize alternative standards that meet the same intent as the established State standards. Provisions in the proposed ordinance will require the Public Works Director to issue traffic management and control specifications based on roadway classification, function, use, and adjacency to sensitive or essential facilities, specifically delineating the requirements for site-specific traffic control plans for identified portions of City right of way.

A redline of the existing provisions showing proposed amendments is attached as Exhibit B.

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 the proposed ordinance.

OPTIONS:

In addition to the recommended action, the Council has available to it the following alternative options:

1. Direct staff to make edits to the proposed Ordinance.

ATTACHMENTS:

Exhibit A Ordinance Amending Chapter 96.pdf
Exhibit B Proposed Amendments.pdf
116

EXHIBIT A
Ordinance Amending Chapter 96 - Encroachment Permits
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ORDINANCE NO. 1322

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA PAULA, CALIFORNIA AMENDING SUBSECTIONS

96.20 ET. SEQ. OF THE SANTA PAULA MUNICIPAL CODE

REGARDING ENCROACHMENT PERMITS
The City Council of the City of Santa Paula does ordain as follows:

SECTION 1. The City Council finds as follows:

A. Santa Paula Municipal Code (SPMC) provisions governing encroachment permit requirements were first adopted in 1981 and last amended in 2003.

B. Subsections 96.20 through 96.39 of the SPMC (“Encroachment Permit Ordinance”) requires a permit before any person may encroach, or make or cause an encroachment upon, over, under or within a public right-of-way.

C. The City now desires to amend the Encroachment Permit Ordinance to update terms and clarify the procedures and requirements for obtaining an encroachment permit.

SECTION 2. Subsections 96.20 through 96.39 of the Santa Paula Municipal Code, entitled “Encroachments Upon Public Streets,” is hereby amended to read in full as follows:
“§ 96.20 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEPARTMENT means the Public Works Department.

DIRECTOR means the Public Works Director or his or her duly authorized representative.

ENCROACHMENT means any pole, conduit, cable, pipeline, fence, sign, building, or any temporary or permanent structure or object of any kind or character which is placed in, under or over any portion of a right-of-way; the taking, placing, moving, or using on a right-of-way, any vehicle or combination of vehicles or other objects of a dimension, weight, or other characteristic prohibited by the California Vehicle Code; or the excavation of a right-of-way.

EMERGENCY WORK means any unscheduled maintenance or repairs that are necessary for the immediate protection of life or property, or that are necessary for the restoration of an existing utility service for reliability. “Emergency work” may involve fully repairing or temporarily repairing a structure to remove the immediate risk to life or property, or to service reliability.
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EXCAVATION means removal of any concrete, asphalt, road, earth, or other, similar surface materials covering a right-of-way.

PERMIT means an encroachment permit issued pursuant to this subchapter.

PERMITTEE means the person to whom the encroachment permit is issued.

PERSON means and includes any natural person, corporation, firm, agency, copartnership or association, and any public utility, public entity or governmental agency, including the state and the United States.

PROTECTIVE MEASURES means any barricades, traffic control devices, trench plates or similar such devices intended to give warning and protect the public from injury or loss resulting from the placement of an encroachment within a right-of-way.

RIGHT-OF-WAY means any city street, sidewalk, pedestrian path, bike path or any other "public way," as defined in the California Streets and Highways Code, as may be amended, whether or not such place is actually improved and used for street purposes.

STREET means any way or place of whatever nature publicly maintained and open to the use of the public for purposes of vehicular travel. § 96.21 PERMITS.
(A) Except for the city or its contractors, it is unlawful for any person to encroach, or to make or cause to be made any encroachment, upon, over, under or within a right-ofway within the city without first obtaining a permit from the director. (B) If the director finds that the excavation is for a purpose required or permitted by law and can be performed without undue hazard or inconvenience to the public and that the permit applicant is qualified and financially able to fulfill the applicant’s obligations and liabilities under this subchapter, the department shall thereupon issue a permit. The permit shall specify the nature, extent and location of the work permitted and shall impose such reasonable time limits and other conditions as the department may prescribe, including protective measures and such other conditions as may promote public convenience and safety.
(C) As a further condition on the issuance of a permit pursuant to the provisions of this subchapter, the permittee shall undertake and carry out the encroachment or excavation authorized by such permit in accordance with the provisions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) as published by the California Department of Transportation and/or any additions or modifications thereto now or hereafter adopted by the city.
(D) Traffic control plans, in a format and number prescribed by the director, shall be 119
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submitted with the permit application. Where required by the director, traffic control plans shall be site-specific, addressing details of street geometry, traffic lanes, driveways, limits of proposed encroachment permit work and any related excavations, and other safety features in accordance with the CA MUTCD, and to the satisfaction of the director. City streets requiring traffic control plans, and their minimum level of detail, shall be set forth in regulations issued by the director. City streets identified in the regulations may be amended from time to time if necessary due to changed circumstances. “Changed circumstances” include without limitation new traffic patterns, population increases or decreases, new development, or other changes that impact public safety on city streets.
(E) The director shall prescribe and provide a regular form of application for a permit as required by this subchapter. The permit application shall contain such information as is deemed necessary by the director. The application form shall be completed and filed with the director, together with all fees, cash deposits, bonds, construction plans, traffic control plans, and other documents which are required by this subchapter and by the director. Notwithstanding the foregoing, the director may, in consultation with the Finance Department and for good cause shown, establish an alternative process to accept payment of fees and deposits from a permittee.
(F) Blanket permits, renewable annually, may be issued by the director after receipt of a permit application therefor. The director may revoke any such blanket permit if the permittee fails to comply with any provisions of this subchapter. Blanket permits shall be limited to excavations 16 feet in length or a maximum of 32 square feet in area. (G) Before issuing a permit for the movement of a vehicle or object with a rolling height of over 16 feet, the director shall require evidence of approval of height clearance from the public utility companies having overhead lines crossing the proposed route. § 96.22 BONDS.
(A) Unless exempt from this requirement by law or by the director, each applicant shall, before a permit is issued, deposit with the city a cash deposit, surety bond or file a certificate of deposit or savings and loan share assignment in an amount, fixed by the director, sufficient to restore the right-of-way to its original condition. (B) A surety bond or other security shall not be required where a permit is issued authorizing construction or excavation work within a right of-way that is performed by a public utility or cable television company pursuant to a state or city franchise. (C) No bond or any part thereof shall be released or exonerated until the department has notified the finance director that the work has been performed to the satisfaction of the department and that all costs and liabilities incurred by the city have been paid or fully secured.
§ 96.23 FEES.

The schedule of fees and charges shall be those adopted by the resolution of the City 120
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Council from time to time.
§ 96.24 REVOCATION OF PERMIT.
(A) If any of the provisions of the permit or this subchapter are violated by a permittee, the director shall serve written notice upon the permittee giving the permittee 12 hours in which to correct the violation.
(B) If the violation results in a danger to life or property, the notice shall state that all encroachment work must stop until the violation is corrected. (C) If after 12 hours from the issuance of the notice the violation is not corrected, or there is no evidence that diligence is being used to correct the violation, the director may revoke the encroachment permit.
§ 96.25 NOTICE OF COMMENCEMENT OF ENCROACHMENT WORK.

At least 24 hours before commencing any encroachment work authorized by any permit, the permittee shall notify the director of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work.
§ 96.26 PROTECTION AND REPAIR OF FACILITIES.
(A) The permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus both aerial and underground.
(B) This expense of repairs to any damaged facilities shall be borne by the permittee. § 96.27 RESTORATION OF RIGHT-OF-WAY.
(A) Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way by replacing, repairing, or rebuilding it to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the director. Where excavation occurs within areas already paved, the director may require temporary paving to be installed within 24 hours after the excavated area is backfilled. (B) In the event that the permittee fails to act promptly to restore the right-of-way as provided in this subchapter, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the director may, at his option, make the necessary restoration. The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the City Council.
§ 96.28 UNCOVERED EXCAVATION DEEMED NUISANCE; ABATEMENT. 121
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Every person who excavates in any street without a permit or who fails to fill and cover an excavation within the time permitted by the department shall be guilty of committing a public nuisance and the department may summarily abate such nuisance and the cost of such abatement shall be the personal obligation of every person creating, causing, committing or maintaining such nuisance.
§ 96.29 CONDITIONS BY WHICH DEPARTMENT TO DO WORK; COST RECOVERY. (A) When the department finds that all or part of any work of backfilling or surfacing should be done by the department or under its supervision by reason of the location of the work or of unusual hazard, undue delay, failure to conform to its specifications or for other good cause, the department may itself perform the work or may employ a contractor to perform it and may thereupon proceed to collect the cost thereof from the person primarily obligated to perform the work, from the person for whose benefit the work was done or the owner of the land benefited by the work, or from all of them; and the department shall take such action to collect such cost and to impose and enforce liens, including mechanics' liens, as may be authorized or permitted by law. (B) (1) Where the permittee is the owner of property identified in a permit, the cost of abating nuisances, filling and covering excavations and backfilling, done by the city or the performance by the city of any other work which any contractor or other person may have failed to perform shall be a lien on the property and shall be a personal obligation of the permittee.
(2) The cost of such work or abatement shall be submitted to the City Council for confirmation and notice of the time and place fixed for the City Council to consider the cost shall be made by mail to the person liable for payment thereof at least five days prior to the time of consideration by the Council of such cost. (3) After confirmation of the cost, the cost shall become a lien on the property of the person chargeable with such cost and may be added to the next regular tax bill levied against that person's property for municipal purposes.
(4) A certified copy of the action of the City Council confirming the cost shall be filed with the County Auditor on or before August 10.
(5) The County Auditor shall enter the cost of abatement or of the work performed on the county tax roll for whatever land is owned by the person charge able with such cost.
(6) The amount of the cost shall be collected at the time and in the manner ordinary municipal taxes are collected.
(7) If delinquent, the amount is subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes. 122
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§ 96.30 DELAY OF ENCROACHMENT WORK.
(A) If the encroachment work is not completed within the time specified in the permit or if at any time the director finds that delay in commencing or prosecuting the encroachment work is caused by lack of diligence on the part of the permittee, the director may cancel the permit and restore the right-of-way to its original condition before the encroachment is commenced.
(B) The director may, at the request of the permittee, renew or extend the time limit specified in the permit.
(C) The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the City Council.
§ 96.31 EMERGENCY WORK.
(A) This subchapter shall not prevent any person from performing emergency work on any encroachment lawfully on or under any right-of-way. (B) If emergency work necessitates the closing of right-of-way or portion thereof, then the Police Department and Fire Department shall be notified. The person performing emergency work shall apply for a written permit therefor on the first working day thereafter.
§ 96.32 CONSTRUCTION STANDARDS.

All encroachment work shall conform to standards established by the director. § 96.33 OPEN TRENCH WORK.
(A) In any trenching operation, the open trench shall not be in excess of one day's work ahead of the trench work proper, unless specifically authorized by the director. (B) Backfilling shall commence immediately after work in a trench is completed and any portion of the work which is under the jurisdiction of the city is inspected and approved by the director.
§ 96.34 CLEANUP.
(A) Except for materials properly stored, the permittee shall at all times keep the right-of-way clear of all materials, earth and debris. Immediately after completion of the work, the permittee shall clean up and remove all materials, earth and debris of any kind.
(B) If the permittee fails within 24 hours after having been notified by the director to remove or clean up unpermitted materials, earth or debris from the right-of-way, such cleanup work may be done by the city and the permittee charged for all expenses incurred.
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§ 96.35 TRAFFIC CONTROL, TRAFFIC CONTROL DEVICES AND RELATED PROTECTIVE MEASURES.
(A) In the conduct of the encroachment work, the permittee shall provide and maintain traffic control devices and related protective measures as required by the approved traffic control plan, including but not limited to lights, barricades, signs, and watchmen as are necessary to protect the public. Any omission on the part of the director to specify in the permit what safety devices shall be provided by the permittee shall not excuse the permittee from complying with all laws, regulations, and ordinances relating to the protection of persons under the circumstances. If the director finds that suitable safeguards are not being provided, he may provide, maintain and relocate such safety devices as are deemed necessary, or he may cancel the permit and restore the right-of-way in accordance with existing standards, charging the permittee the entire cost of the work.
(B) A permittee making any excavation or leaving any obstruction which could be a hazard to persons using a right-of-way shall provide and maintain warning lights far enough away from the excavation or obstruction to give adequate warning to such persons from one-half hour before sunset of each day to one-half hour after sunrise the next day, until the work is completed and the right-of-way made safe for use. § 96.36 ASSUMPTION OF LIABILITY.
(A) Every permittee must comply with the provisions of this subchapter and assumes and agrees to pay all costs, obligations, and liabilities arising out of the performance of the work of excavation, removal, backfilling and surfacing authorized by the applicable permit, whether such work is performed by the permittee or by the city. (B) However, no provision of this subchapter shall be construed to impose upon the permittee or any of the permittee's agents, servants or independent contractors, a greater or different duty of care to third persons than would otherwise be imposed by law in the absence of such provisions.
§ 96.37 PERSONS PERFORMING WORK NOT TO BE RELIEVED FROM LIABILITY.

Nothing in this subchapter shall be deemed to relieve a permittee from liability for any damages caused by the permittee, or permittee’s authorized agents, in performing any work under this subchapter, or to impose such liability upon the city; nor shall any permittee, or permittee’s authorized agents, by reason of compliance with the minimum requirements of the director be relieved of liability to the city and others for damage resulting from the subsidence of any street surface following work performed under this subchapter; and all permittees performing work under this subchapter or for whom work is performed under this subchapter, shall compensate the city for the cost of such subsidence, and shall save the city harmless from all costs and liabilities sustained by the city on account of such work.
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§ 96.38 APPEAL.
(A) If any person or party is dissatisfied with any act or decision of the director under this subchapter, then that party may appeal to the City Council by filing a written notice of appeal with the City Clerk.
(B) Upon receiving the notice of appeal, the City Clerk shall have the matter set for hearing before the City Council.
(C) The hearing may be continued from time to time at the discretion of the Mayor. (D) The decision of the City Council to approve, modify or disapprove the decision or act of the director shall be final.
§ 96.39 EXCAVATION IN RECENTLY RESURFACED CITY STREETS. (A) Except as otherwise allowed by this chapter, city streets that were resurfaced with an emulsified asphalt "slurry" or asphalt "cape seal" within the previous two years, or improved with asphalt/concrete within the previous five years, of the proposed excavation may not be excavated for utilities or for other reasons. (B) A permit may be issued to allow a permittee to encroach within a right-of-way to install utility facilities, or for other purposes, if such work can be accomplished by boring under the public street section or by other trenchless technologies. Alternative methods for such work including, without limitation, relocating utility facilities to areas other than the public street (for example, under public sidewalks and/or parkways) will be considered and determined not to be feasible before a permit may be issued pursuant to this chapter. Any additional costs for, without limitation, relocating utility facilities outside of the public street or boring under the public street must be borne by the permittee. (C) Excavation of a city street will be allowed by permit under only the most unusual circumstances if the director determines that relocation or boring is not feasible. Under such circumstances, the director will require a permittee to meet the city's construction standards for excavating in recently resurfaced streets, pay all costs associated with such excavation, and provide such additional security to ensure the integrity of the recently resurfaced public street as may be reasonably required by the director.” SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 4. California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(c)(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) and 15378 (the activity is not a project under CEQA) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
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SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. Certification and Publication. The City Clerk of the City of Santa Paula shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Santa Paula, California on the ________ day of _________, 2022. _______________________________
Jenny Crosswhite, Mayor
ATTEST:
____________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
____________________________
Monica Castillo, Interim City Attorney
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State of California )
County of Ventura ) s.s.

City of Santa Paula )
I, Julie Latshaw, City Clerk, hereby certify that the foregoing is a true copy of Ordinance No. 1322, introduced at a regular meeting held on the 19th day of October 2022, and duly adopted by the City Council of the City of Santa Paula, California at a regular meeting thereof held the ______ day of ____________, 2022.

AYES:

NOES:

ABSTAIN:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this ____________ day of _________________________, 2022. ________________________________

JULIE LATSHAW, CITY CLERK
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EXHIBIT B
Proposed Amendments
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ENCROACHMENTS UPON PUBLIC STREETS
§ 96.20 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEPARTMENT means the Public Works Department.

DIRECTOR means the Public Works Director or his or her duly authorized representative.

ENCROACHMENT means any pole, conduit, cable, pipeline, fence, sign, building, or any temporary or permanent structure or object of any kind or character which is placed in, under or over any portion of the a street right-of-way; also, the taking, placing, moving, or using on a right-of-way, any vehicle or combination of vehicles or other objects of a dimension, weight, or other characteristic prohibited by the California Vehicle Code; or the excavation of a right-of-way.

EXCAVATION means removal of any concrete, asphalt, road, earth, or other, similar, surface materials covering a public right-of-way or public service easement.

PERMIT means an encroachment permit issued pursuant to this subchapter.

PERMITTEE means the person to whom the encroachment permit is issued.

This definition includes any public alley, public sidewalk, public driveway, curb, pavement, gutter, parkway, easement, or public place in the city either owned by the city or dedicated to the city for public use.
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STREET means any way or place of whatever nature publicly maintained and open to the use of the public for purposes of vehicular travel. part of the entire width of the rightof-way of a public street, highway, road, lane, way or alley whether or not such area is actually improved and used for street purposes.
(‘81 Code, § 12.08.010) (Am. Ord. 1063, passed 10-6-03) Statutory reference:

Obstructions and encroachments on public ways, see Cal. Gov't Code § 38775 § 96.21 PERMITS.
(A) Except for the city or its contractors, iIt is unlawful for any person to encroach, or to make or cause to be made any encroachment, upon, over, under or within a street right-of-way within the city without first obtaining a permit from the Public Works Directordirector.
(B) If the department director finds that the excavation is for a purpose required or permitted by law and can be performed without undue hazard or inconvenience to the public and that the permit applicant is qualified and financially able to fulfill his the applicant’s obligations and liabilities under this subchapter, the department shall thereupon issue a permit. The permit shall specify the nature, extent and location of the work permitted and shall impose such reasonable time limits and other conditions as the department may prescribe, including the protective measures provision of traffic control and related traffic control devices, inclusive of erection and placement of barricades, lights and warning signs and such other conditions as may promote public convenience and safety.
(C) As a further condition on the issuance of a permit pursuant to the provisions of this subchapter, the permittee shall undertake and carry out the encroachment or excavation authorized by such permit in accordance with the provisions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) as published by the California Department of Transportation and/or any additions or modifications thereto now or hereafter adopted by the city.
(D) Traffic control plans, in a format and number prescribed by the director, shall be submitted with the permit at the time of permit application. Where required by the director, traffic control plans shall be site-specific, addressing details of street geometry, traffic lanes, driveways, limits of proposed encroachment permit work and any related excavations, and other safety features in accordance with the CA MUTCD, and to the satisfaction of the director. City streets requiring traffic control plans, and their minimum level of detail, shall be set forth in regulations issued by the director. City streets identified in the regulations may be amended from time to time if necessary due to changed circumstances. “Changed circumstances” include without limitation new traffic patterns, population increases or decreases, new development, or other changes that impact public safety on city streets.
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(EC) The Public Works Directordirector shall prescribe and provide a regular form of application for a permit as required by this subchapter. The permit application shall contain such information as is deemed necessary by the Public Works Directordirector.

The application form shall be completed and filed with the Public Works Directordirector, together with all fees, cash deposits, bonds, construction plans, traffic control plans, and other documents which are required by this subchapter and by the Public Works Directordirector. Notwithstanding the foregoing, the director may, in consultation with the Finance Department and for good cause shown, establish an alternative process to accept payment of fees and deposits from a permittee. The director, for good cause shown, may allow fees to be invoiced at a later time.
(FD) Blanket permits, renewable annually, may be issued by the Public Works Directordirector after receipt of a permit application therefor. The Public Works Directordirector may revoke any such blanket permit if the permittee fails to comply with any provisions of this subchapter. Blanket permits shall be limited to excavations 16 feet in length or a maximum of 32 square feet in area.
(GE) Before issuing a permit for the movement of a vehicle or object with a rolling height of over 16 feet, the Director director shall require evidence of approval of height clearance from the public utility companies having overhead lines crossing the proposed route.
('81 Code, § 12.08.020) Penalty, see Ch. 13
§ 96.22 BONDS.
(A) Unless exempt from this requirement by law or by the Public Works dDirector, each applicant shall, before a permit is issued, deposit with the city a cash deposit, surety bond or file a certificate of deposit or savings and loan share assignment in an amount, fixed by the Public Works Directordirector, sufficient to restore the right-of-way to its original condition.
(B) A surety bond or other security shall not be required where a permit is issued authorizing construction or excavation work within a right of-way that is performed by a public utility or cable television company pursuant to a state or city franchise. (BC) No bond or any part thereof shall be released or exonerated until the department has certified notifiedto the treasurer finance director that the work has been performed to the satisfaction of the department and that all costs and liabilities incurred by the city have been paid or fully secured.
('81 Code, § 12.08.030)
§ 96.23 FEES.
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The schedule of fees and charges shall be those adopted by the resolution of the City Council from time to time.
('81 Code, § 12.08.040)
§ 96.24 REVOCATION OF PERMIT.
(A) If any of the provisions of the permit or this subchapter are violated by a permittee, the Public Works Ddirector may shall serve written notice upon the permittee in violation giving the permittee 12 hours in which to correct the violation. (B) If the violation results in a danger to life or property, the notice shall state that all encroachment work must stop until the violation is corrected. (C) If after 12 hours from the issuance of the notice the violation is not corrected, or there is no evidence that diligence is being used to correct the violation, the Public Works Director director may revoke the encroachment permit. ('81 Code, § 12.08.050)
§ 96.25 NOTICE OF COMMENCEMENT OF ENCROACHMENT WORK.

At least 24 hours before commencing any encroachment work authorized by any permit, the permittee shall notify the Public Works Directordirector of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work. ('81 Code, § 12.08.060) Penalty, see Ch. 13
§ 96.26 PROTECTION AND REPAIR OF FACILITIES.
(A) The permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus both aerial and underground.
(B) This expense of repairs to any damaged facilities shall be borne by the permittee. ('81 Code, § 12.08.070) Penalty, see Ch. 13
§ 96.27 RESTORATION OF RIGHT-OF-WAY.
(A) Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way by replacing, repairing, or rebuilding it to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the 132
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Public Works Directordirector. Where excavation occurs within areas already paved, the Public Works Directordirector may require temporary paving to be installed within 24 hours after the excavated area is backfilled.
(B) In the event that the permittee fails to act promptly to restore the right-of-way as provided in this subchapter, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the Public Works Director director may, at his option, make the necessary restoration.

The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the City Council.
('81 Code, § 12.08.080) Penalty, see Ch. 13
§ 96.28 UNCOVERED EXCAVATION DEEMED NUISANCE; ABATEMENT.

Every person who excavates in any street without a permit or who fails to fill and cover an excavation within the time permitted by the department shall be guilty of committing a public nuisance and the department may summarily abate such nuisance and the cost of such abatement shall be the personal obligation of every person creating, causing, committing or maintaining such nuisance. ('81 Code, § 12.08.090)
§ 96.29 CONDITIONS BY WHICH DEPARTMENT TO DO WORK; CHARGE TO OWNERCOST RECOVERY.
(A) When the department finds that all or part of any work of backfilling or surfacing should be done by the department or under its supervision by reason of the location of the work or of unusual hazard, undue delay, failure to conform to its specifications or for other good cause, the department may itself perform the work or may employ a contractor to perform it and may thereupon proceed to collect the cost thereof from the person primarily obligated to perform the work, from the person for whose benefit the work was done or the owner of the land benefited by the work, or from all of them; and the department shall take such action to collect such cost and to impose and enforce liens, including mechanics' liens, as may be authorized or permitted by law. (B) (1) Where the permittee is the owner of property identified in a permit, tThe cost of abating nuisances, filling and covering excavations and backfilling, done by the city or the performance by the city of any other work which any contractor or other person may have failed to perform shall be a lien on the property of the person who created the nuisance or failed to properly perform the work and shall be a personal obligation of that personthe permittee.
(2) The cost of such work or abatement shall be submitted to the City Council for confirmation and notice of the time and place fixed for the City Council to consider the 133
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cost shall be made by mail to the person liable for payment thereof at least five days prior to the time of consideration by the Council of such cost. (3) After confirmation of the cost, the cost shall become a lien on the property of the person chargeable with such cost and may be added to the next regular tax bill levied against that person's property for municipal purposes. (4) A certified copy of the action of the City Council confirming the cost shall be filed with the County Auditor on or before August 10.
(5) The County Auditor shall enter the cost of abatement or of the work performed on the county tax roll for whatever land is owned by the person charge able with such cost.
(6) The amount of the cost shall be collected at the time and in the manner ordinary municipal taxes are collected.
(7) If delinquent, the amount is subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes. ('81 Code, § 12.08.100)
§ 96.30 DELAY OF ENCROACHMENT WORK.
(A) If the encroachment work is not completed within the time specified in the permit or if at any time the Public Works Directordirector finds that delay in commencing or prosecuting the encroachment work is caused by lack of diligence on the part of the permittee, he the director may cancel the permit and restore the right-of-way to its original condition before the encroachment is commenced. (B) The Public Works Directordirector may, at the request of the permittee, renew or extend the time limit specified in the permit.
(C) The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the City Council.
('81 Code, § 12.08.110)
§ 96.31 EMERGENCY WORK.
(A) This subchapter shall not prevent any person from performing emergency maintenance work on any substructure encroachment lawfully on or under any public streetright-of-way, or from making an emergency use as may be necessary for the preservation of life or property when an urgent necessity arises. (B) If an emergency encroachment work in the street necessitates the closing of the streetright-of-way or portion thereof, then the Police Department and Fire Department shall be notified. The person making an emergency use or encroach-menperforming 134
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emergency workt upon public street shall apply for a written permit therefor on the first working day thereafter.
('81 Code, § 12.08.120)
§ 96.32 CONSTRUCTION STANDARDS.

All encroachment work shall conform to standards established by the Public Works Directordirector.
('81 Code, § 12.08.130) Penalty, see Ch. 13
§ 96.33 OPEN TRENCH WORK.
(A) In any trenching operation, the open trench shall not be in excess of one day's work ahead of the trench work proper, unless specifically authorized by the Public Works Directordirector.
(B) Backfilling shall commence immediately after work in a trench is completed and any portion of the work which is under the jurisdiction of the city is inspected and approved by the Public Works Directordirector.
('81 Code, § 12.08.140) Penalty, see Ch. 13
§ 96.34 CLEANUP.
(A) Except for materials properly stored, the permittee shall at all times keep the public highway and sidewalk area right-of-way clear of all materials, earth and debris.

Immediately after completion of the work, the permittee shall clean up and remove all materials, earth and debris of any kind.
(B) If the permittee fails within 24 hours after having been notified to do so by the Public Works Directordirector to remove or clean up unpermitted materials, earth or debris from the right-of-way, such work may be done by the city and the permittee charged for all expenses incurred.
('81 Code, § 12.08.150) Penalty, see Ch. 13
§ 96.35 ERECTION AND MAINTENANCE OF SAFETY DEVICES.TRAFFIC

CONTROL, TRAFFIC CONTROL DEVICES AND RELATED PROTECTIVE

MEASURES
(A) In the conduct of the encroachment work, the permittee shall provide and maintain traffic control devices and related protective measures as required by the approved traffic control plan, such safety devices, including but not limited to lights, 135
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barricades, signs, and watchmen as are necessary to protect the public. Any omission on the part of the Public Works Directordirector to specify in the permit what safety devices shall be provided by the permittee shall not excuse the permittee from complying with all laws, regulations, and ordinances relating to the protection of persons under the circumstances. If the Public Works Directordirector finds that suitable safeguards are not being provided, he may provide, maintain and relocate such safety devices as are deemed necessary, or he may cancel the permit and restore the right-ofway in accordance with existing standards, charging the permittee the entire cost of the work.
(B) A permittee making any excavation or leaving any obstruction which could be a hazard to persons using a right-of-way shall provide and maintain warning lights far enough away from the excavation or obstruction to give adequate warning to such persons from one-half hour before sunset of each day to one-half hour after sunrise the next day, until the work is completed and the right-of-way made safe for use. ('81 Code, § 12.08.160) Penalty, see Ch. 13
§ 96.36 ASSUMPTION OF LIABILITY.
(A) Every person who files an application under § 96.21 shall be deemed thereby to agree to all of the provisions of this subchapter and of the permit issued under §

96.21permittee must comply with the provisions of this subchapter and to assumes and agrees to pay all costs, obligations, and liabilities arising out of the performance of the work of excavation, removal, backfilling and surfacing authorized by the applicable permit, whether such work is performed by the applicant permittee or by the city. (B) However, no provision of this subchapter shall be construed to impose upon the permittee or any of the permittee's agents, servants or independent contractors, a greater or different duty of care to third persons than would otherwise be imposed by law in the absence of such provisions.
('81 Code, § 12.08.170)
§ 96.37 PERSONS PERFORMING WORK NOT TO BE RELIEVED FROM LIABILITY.

Nothing in this subchapter shall be deemed to relieve any person permittee from liability for any damages caused by him the permittee, or permittee’s authorized agents, in performing any work under this subchapter, or to impose such liability upon the city; nor shall any person permittee, or permittee’s authorized agents, by reason of compliance with the minimum requirements of the Public Works Directordirector be relieved of liability to the city and others for damage resulting from the subsidence of any street surface following work performed under this subchapter; and all persons permittees performing work under this subchapter or for whom work is performed under this subchapter, shall compensate the city for the cost of such subsidence, and shall 136
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save the city harmless from all costs and liabilities sustained by the city on account of such work.
('81 Code, § 12.08.180)
§ 96.38 APPEAL.
(A) If any person or party is dissatisfied with any act or decision of the Public Works Directordirector under this subchapter, then that party may appeal to the City Council by filing a written notice of appeal with the City Clerk.
(B) Upon receiving the notice of appeal, the City Clerk shall have the matter set for hearing before the City Council.
(C) The hearing may be continued from time to time at the discretion of the Mayor. (D) The decision of the City Council to approve, modify or disapprove the decision or act of the Public Works Directordirector shall be final. ('81 Code, § 12.08.190)
§ 96.39 EXCAVATION IN RECENTLY RESURFACED PUBLIC CITY STREETS. (A) Except as otherwise allowed by this chapter, public city streets that were resurfaced with an emulsified asphalt "slurry" or asphalt "cape seal" within the previous two years, or improved with asphalt/concrete within the previous five years, of the proposed excavation may not be excavated for utilities or for other reasons. (B) A permit may be issued to allow a permittee to encroach within a public city street to install utility facilities, or for other purposes, if such work can be accomplished by boring under the public street section or by other trenchless technologies. Alternative methods for such work including, without limitation, relocating utility facilities to areas other than the public street (for example, under public sidewalks and/or parkways) will be considered and determined not to be feasible before a permit may be issued pursuant to this chapter. Any additional costs for, without limitation, relocating utility facilities outside of the public street or boring under the public street must be borne by the permittee.
(C) Excavation of a public city street will be allowed by permit under only the most unusual circumstances if the Public Works Directordirector determines that relocation or boring is not feasible. Under such circumstances, the Public Works Directordirector will require a permittee to meet the city's construction standards for excavating in recently resurfaced streets, pay all costs associated with such excavation, and provide such additional security to ensure the integrity of the recently resurfaced public street as may be reasonably required by the Public Works Directordirector. (Ord. 1063, passed 10-6-03)
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To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject:

INTRODUCTION OF ORDINANCE NO. 1324 RELATING TO THE

AUTHORIZATION AND IMPLEMENTATION OF A COMMUNITY CHOICE

AGGREGATION PROGRAM
Date: October 19, 2022
Agenda Item: 10.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Introduce and waive first reading of Ordinance No. 1324 entitled: AN ORDINANCE OF

THE CITY COUNCIL OF SANTA PAULA RELATING TO THE AUTHORIZATION AND

IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM BACKGROUND:

On June 1, 2022, the City Council received a presentation from staff and Ted Bardacke, Executive Director for Clean Power Alliance (CPA), in an effort to determine if the City of Santa Paula would be interested in joining the CPA.

CPA is the largest Community Choice Aggregator (CCA) in California, covering 32 agencies in Los Angeles and Ventura counties. CPA is a Joint Powers Authority (JPA) and each member agency has a representative on the Board of Directors. The Board of Directors determines the programs, rates, and policies of the JPA with guidance from Clean Power Alliance staff.

Current CPA program offerings include: solar plus clean backup power for critical member agency facilities; rebates for publicly accessible electric vehicle chargers; demand response incentives for residential and commercial smart technologies; and community solar for customers in disadvantaged communities. CPA handles all customer billing and administration for its members though each member’s governing board determines its agency’s default renewable energy tier, relating to customer rates. CPA currently offers three energy tier options: Lean Power (which is 40 percent clean energy, similar to SCE’s base product), Clean Power (which is 50 percent clean energy), and 100 percent Green Power (100 percent renewable energy).

At the conclusion of the June 1, 2022 presentation to Council, staff was directed to:
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1. Determine where the required, one-time cost of $10,000, would come from to cover the feasibility study needed to support the City's inclusion in the Clean Power Alliance (CPA); and

2. Further investigate the risks and impacts to the City and residents in joining the CPA.

On August 3, 2022, Council approved Resolution 7416, amending the City's Operating and CPI budget for FY 21/22 authorizing a $10,000, one-time cost, required feasibility study to support the City's inclusion in the Clean Power Alliance (CPA). In addition, staff provided an analysis on the risks and impact to residents and the City should the City join the CPA.

Rates
Individual customers and the City both have the option of choosing lower clean energy content or opting out of the CPA program altogether and returning to paying SCE for both generation and delivery costs. An example of this opt out ability, and one the City would most likely take advantage of, would be the special street light rate the City currently receives from Southern California Edison (SCE). In staff's further conversation's with the CPA, CPA confirmed they would not be able to match the special rate we receive from SCE for street lights, similar to those received by other municipalities in Ventura County. Should Council continue moving forward with joining the CPA, the City would simply opt-out of those accounts which service City street lights resulting in no additional financial impact to the City beyond our current costs.

The same holds true for any additional accounts staff may identify during the transition process.

In July 2022, the CPA implemented its annual FY 22/23 rates, resulting in bills for CPA customers being similar to January 2022 levels, and competitive with SCE's base rates as demonstrated below.

Average Customer Bill Comparison to SCE (% Discount or Premium) Customer Class Lean Power Clean Power 100% Green Power
Residential -1.0% 0.0% 3.0%
Residential - CARE -1.0% 0.0% 0.0%
Small/Medium
Business
-1.0% 0.0% 3.0%
The percentages above are examples of what the rates would look like based on the FY 22/23 rates CPA recently approved if CPA implementation were to occur this year. The three Customer Class options are explained below:

Option 1 - With the CPA Lean Power option, rates for residents and City accounts would be on average 1.0% lower than SCE's current rates. The Lean Power option provides 40% carbon free content and access to local programs. Lean power is the most affordable way to reliable, clean power.

Option 2 - With the CPA Clean Power option, rates for residents and City accounts would be on average at parity, or 0.0% different than SCE's current rates. The Clean Power option supports building a cleaner future with 50% clean power (40% renewable content and 10% hydroelectricity) and receives competitively priced green energy. 139
Option 3 - With the CPA Green Power option, rates for residents and City accounts would be on average 3.0% higher than SCE's current rates. This option would provide 100% renewable content from wind, solar and geothermal sources. One benefit of this option is that all customers currently on SCE-CARE would not see a 3.0% rate increase and would receive 100% Green power at the Clean Power rate or 0% increase to their monthly bills. All other customers, including the City's accounts, would see a roughly 3% increase in energy costs.

This option would have fiscal impacts to the City which staff would have to further evaluate based on our current energy usage.

Reliability
Resource Adequacy (RA) is a program of the California Public Utilities Commission (CPUC) to ensure reliable electric service in California. This program requires Clean Power Alliance and other electricity providers to purchase enough power to meet customers' anticipated needs, plus reserves that can be called upon if they are needed in an emergency. Clean Power Alliance is required to meet the same resource adequacy and reliability standards as investorowned utilities such as SCE.

In addition, CPA is also regulated by the California Independent System Operator (CAISO), one of the largest independent system operators in the world, delivering 300 million megawatthours of electricity each year and managing about 80% of California's electric flow. The California Legislature created the CAISO in 1998 as part of the state restructuring of electricity markets. The legislature was responding to Federal Energy Regulatory Commission (FERC) recommendations following the passage of the federal Energy Policy Act of 1992, which removed barriers to competition in the wholesale generation of electricity business. FERC regulates the CAISO because interstate transmission lines fall under the jurisdiction of federal commerce laws.

Risk
The JPA format relieves the member agencies from any liability to their general funds. The Board of Directors determines the programs, rates, and policies of the JPA with the guidance from Clean Power Alliance staff. CPA handles all customer billing and administration for its members though each member’s governing board determines its agency’s default renewable energy rates.

Based on the analysis above, at the conclusion of the August 3, 2022 meeting, Council approved Resolution 7416, funding a feasibility study to support the City's inclusion in the Clean Power Alliance (CPA).

ANALYSIS:

Throughout the month of August, CPA proceeded in conducting their feasibility study on the potential inclusion of Santa Paula into the JPA and on September 7, 2022, the Mayor and City Manager were notified (Exhibit A - Invitation Letter & Resolution) that on September 1, 2022, the CPA Board of Directors approved Resolution 22-09-039, inviting the City of Santa Paula to become a member of CPA's Joint Powers Authority, with electricity service to customers within the City's jurisdiction to begin in 2024.

Next Steps This Year
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Should Council wish to continue moving forward, the City needs to adopt an ordinance (Exhibit B) by November 30, 2022, to implement Community Choice Aggregation within the City’s jurisdiction.

Following the City’s passage of the ordinance, the CPA Board of Directors will conduct a public hearing during its meeting on December 1, 2022, to consider and approve an Implementation Plan Addendum to add Santa Paula to the JPA. Though this is a routine matter, the Addendum must be submitted to the California Public Utilities Commission no later than December 31, 2022 for Santa Paula customers to be eligible for CPA service starting in 2024. Thus, the deadline for the City to adopt the ordinance is the end of November. To meet this deadline, the ordinance will return to City Council for a second reading and proposed adoption on November 2, 2022.

Next Steps in 2023
In 2023, staff will return to Council to request the appointment of a member of City Council to represent the City on CPA’s Board of Directors, along with one or two alternate directors who may be elected leaders, city staff, or members of the public. In addition, staff will return to Council to choose the "default rate." As discussed in the Background section of this report.

CPA currently has three rates which come with different levels of renewable energy content at different price points. The default rate is the rate Santa Paula customers would be automatically enrolled in at the start of the CPA transition unless residents take an affirmative action to choose a different CPA rate or decide to opt-out of CPA service and purchase their electricity from Southern California Edison.

Then, over the course of 2023 and 2024, CPA will work with staff to educate the community about the impending change in their default electricity provider and make residents and businesses aware of their new options and the benefits of being a customer of Clean Power Alliance.

STRATEGIC PLAN:

This agenda item does not directly address the strategic goals within the City’s two-year adopted Strategic Plan.

FISCAL IMPACTS:

Other than staff time, there will be no direct fiscal impact to the City’s General Fund at this time.

Future Costs: Risks and Impact to the City
There may be potential cost increases to City utility expenses due to this change. Staff understands almost all entities actually opt-out of CPA rates and retain SCE for street lighting because those rates cannot be matched at this time. Just as residents may opt out, the City may also choose to opt out.

OPTIONS:

1. Direct staff to perform additional research and return to Council. Doing so may jeopardize our ability to join the JPA at this time as the CPA Board of Directors will conduct a public 141
hearing during their meeting on December 1, 2022, to consider and approve an Implementation Plan Addendum to add Santa Paula to the JPA. The addendum must be submitted to the California Public Utilities Commission no later than December 31, 2022 for Santa Paula customers to be eligible for CPA service starting in 2024.

2. Direct staff not to pursue moving forward with CPA at this time.

ATTACHMENTS:

Exhibit A - Invitation Letter & Resolution.pdf
Exhibit B - Ordinance No. 1324.pdf
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EXHIBIT A -

CPA INVITATION

LETTER &

RESOLUTION
143
September 7, 2022
Mayor Jenny Crosswhite
City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
Dear Mayor Crosswhite,
On September 1, 2022, the Clean Power Alliance Board of Directors approved Resolution 22-09-039 inviting the City of Santa Paula to become a member of CPA’s Joint Powers Authority, with electricity service to customers within the City’s jurisdiction to begin in 2024. We are excited to work with you and City staff over the coming year to implement community choice in Santa Paula for the benefit of the City’s residents and businesses.

To move forward, the City needs to adopt an ordinance by November 30, 2022, to implement Community Choice Aggregation within the City’s jurisdiction and approve the CPA Joint Powers Agreement. Our staff has already shared a draft ordinance template with city staff and are available to answer any questions prior to and/or during your Council’s deliberation on the ordinance.

Following the City’s passage of the ordinance, the CPA Board of Directors will conduct a public hearing during its meeting on December 1, 2022, to consider and approve an Implementation Plan Addendum to add Santa Paula to the JPA. This is a routine matter. However, the Addendum must be submitted to the California Public Utilities Commission no later than December 31, 2022 for Santa Paula customers to be eligible for CPA service starting in 2024, thus the deadline for the City to wrap up the ordinance process by the end of November.

Assuming you move forward, in 2023 your City Council would appoint a member of your City Council to represent the City on CPA’s Board of Directors, along with one or two alternate directors who may be elected leaders, city staff, or members of the public. Over the course of 2023 and 2024 our teas would work with the City to educate the community about the impending change in their default electricity provider and make residents and businesses aware of their new options and the benefits of being a customer of Clean Power Alliance.

Another decision the City Council must make is the choice of a “default rate.” Clean Power Alliance currently has three rates which come with different levels of renewable energy content and at different 144
price points. The default rate is the rate Santa Paula customers would be automatically enrolled in at the start of CPA unless they take an affirmative action to choose a different CPA rate or decide to opt-out of CPA service and purchase their electricity from Southern California Edison.

The City Council may choose to select the default rate for the City in conjunction with joining CPA, or it may defer this decision to 2023. CPA does not advocate for one particular default rate over another; however, CPA staff has deep experience with the considerations many cities take into account when choosing a default rate and would be happy to share those experiences with you and the rest of the members of your City Council.

Please don’t hesitate to reach out to me or Karen Schmidt at [email protected] or 805- 798-1629 or if you have any questions or if we can be of assistance as you take the next steps toward joining CPA.

Warmly,
Ted Bardacke
Chief Executive Officer
cc: Dan Singer
Attachment: CPA Board of Directors Resolution 22-09-039 145
RESO NO. 22-09-039
September 1, 2022

Page 1 of 2 ends

RESOLUTION NO. 22-09-039

RESOLUTION OF THE BOARD OF DIRECTORS OF CLEAN

POWER ALLIANCE OF SOUTHERN CALIFORNIA

AUTHORIZING THE OFFER OF MEMBERSHIP TO THE

CITIES OF HERMOSA BEACH, MONROVIA, AND SANTA

PAULA TO JOIN CLEAN POWER ALLIANCE OF
SOUTHERN CALIFORNIA (“CPA”) WITH CPA SERVICE TO

CUSTOMERS IN THOSE JURISDICTIONS TO BEGIN IN
2024

THE BOARD OF DIRECTORS OF CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA HEREBY RESOLVES AS FOLLOWS:

WHEREAS, the cities of Hermosa Beach, Monrovia, and Santa Paula (individually, “City”; collectively, “Cities”) requested to be considered for membership in CPA so that customers in those jurisdictions can begin receiving service from CPA in 2024; WHEREAS, each City contributed $10,000 (“Study Fee”) toward the cost of conducting a feasibility study to assess the potential impacts to existing CPA customers of adding each City to CPA’s service territory;
WHEREAS, in 2019, the CPA Board of Directors (“Board”) identified the following priorities when considering new member agencies for expansion of CPA’s service territory in Los Angeles and Ventura counties: (1) fill geographic holes within CPA’s service territory; (2) seek out load centers where there are synergies with CPA’s environmental and/or programmatic goals; or (3) increase diversity among CPA membership (“New Membership Priorities”);
WHEREAS, each of the Cities meets one or more of the New Membership Priorities;
WHEREAS, benefits to expanding CPA membership to the Cities include (1) extending local control and choice to more customers and communities; (2) expanded use of renewable energy and reduction in greenhouse gas emissions; (3) leveraging outreach and communications across contiguous geographies in CPA territory; and (4) expanding scale economies in CPA’s energy procurement and operations; WHEREAS, the risks and impacts of offering CPA membership to the Cities are small relative to CPA’s size and can be mitigated;

NOW, THEREFORE, BE IT DETERMINED, AFFIRMED, AND ORDERED BY

THE BOARD OF DIRECTORS OF THE CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA THAT:

IT IS DETERMINED, AFFIRMED, AND ORDERED that CPA hereby authorizes the offer of CPA membership to each City to join CPA with CPA service to customers to begin in 2024; and,
146
RESO NO. 22-09-039
September 1, 2022

Page 2 of 2 ends

IT IS FURTHER DETERMINED, AFFIRMED, AND ORDERED that the Study Fee shall constitute each City’s pro rata share of CPA’s organizational and planning expenditures.

ADOPTED AND APPROVED this 1st day of September 2022.
____________________________
Julian Gold, Chair
ATTEST:
____________________________
Gabriela Monzon, Secretary
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Ordinance No. 1324
ORDINANCE NO. 1324

AN ORDINANCE OF THE CITY COUNCIL OF SANTA PAULA

RELATING TO THE AUTHORIZATION AND IMPLEMENTATION OF

A COMMUNITY CHOICE AGGREGATION PROGRAM
The City Council of Santa Paula does ordain as follows:

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

A. The City of Santa Paula has been actively investigating options to provide electric services to constituents within its service area with the intent of achieving greater local involvement over the provision of electric services and promoting renewable energy at competitive rates.

B. On September 24, 2002, the Governor signed into law Assembly Bill 117 (Stat. 2002, Ch. 838; see California Public Utilities Code section 366.2; hereinafter referred to as the “Act"), which authorizes any California city or county, whose governing body so elects, to combine the electricity load of its residents and businesses in a community-wide electricity aggregation program known as Community ChoiceAggregation (“CCA”) .

C. The Act expressly authorizes participation in a CCA program through a joint powers agency.

D. Through Docket No. R.03-10-003, the California Public Utilities Commission (“Commission”) has issued various decisions and rulings addressing the implementation of CCA programs, including a procedure by which the Commission will review “Implementation Plans," which are required for submittal under the Act as the means of describing the CCA program and assuring compliance with various elements contained in the Act.

E. The Clean Power Alliance of Southern California (“CPA”) is a joint powers authority established pursuant to California Government Code section 6500 et seq. and California Public Utilities Code section 366.2(c) and a Joint Powers Agreement (“Joint Powers Agreement"), which purposes include the following:

1. To form a Joint Powers Authority known as “Clean Power Alliance of Southern California” (formerly known as “Los Angeles Community Choice Energy Authority”); and

2. To specify the terms and conditions by which participants may participate as a group in energy programs, including the implementation of a CCA program.
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F. An Implementation Plan Addendum will be submitted for review and adoption by the CPA Board of Directors.

G. Community Choice Aggregation by and through CPA appears to provide a reasonable opportunity to accomplish all of the following:

1. To provide greater levels of local involvement in and collaboration on energy decisions;

2. To significantly increase the amount of renewable energy available to CPA energy customers;

3. To provide price stability, long-term electricity cost competitiveness and other benefits for the community; and

4. To reduce greenhouse gas emissions related to the
electricity sector.

H. The Act requires CCA program participants to individually adopt an Ordinance (“CCA Ordinance") electing to implement a CCA program within its jurisdiction by and through its participation in CPA.

I. It is in the public's interest and welfare to establish a CCA program within the City of Santa Paula.

J. The Joint Powers Agreement expressly allows the City to vote to withdraw its membership in CPA (and its participation in the CCA program) by providing no less than 180 days’ advance written notice to CPA.

Section 2. Chapter 61 of the Santa Paula Municipal Code, entitled “Community Choice Aggregation” is hereby added as follows:

CHAPTER 61: COMMUNITY CHOICE AGGREGATION
“§ 61.01 Findings and Purpose
(A) The California Public Utilities Code, Chapter 2.3 of Division 1, Part 1, Section 366.2, allows electric utility customers to aggregate their electric loads as members of their local community with community choice aggregators, where a community choice aggregator may be any city, county, or group of cities or counties who have elected to combine the loads of their programs through the formation of a joint powers agency established under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the California Government Code.
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(B) The City of Santa Paula has been investigating options to provide electric services to constituents within its service areas with the intent of achieving greater local involvement over the provisions of electric services, competitive electric rates, the development of clean, local renewable energy projects, reduced greenhouse gas emissions, and the wider implementation of energy conservation and efficiency projects and programs through a community choice aggregation (CCA) program.
(C) The City of Santa Paula has requested to become a member of the Clean Power Alliance (“CPA”) a joint powers authority whose member entities also include the county of Los Angeles and Ventura, and the cities of Agoura Hills, Alhambra, Arcadia, Beverly Hills, Calabasas, Carson, Camarillo, Claremont, Culver City, Downey, Hawaiian Gardens, Hawthorne, Malibu, Manhattan Beach, Moorpark, Ojai, Oxnard, Paramount, Redondo Beach, Rolling Hills Estates, Santa Monica, Sierra Madre, Simi Valley, Santa Paula, South Pasadena, Temple City, Thousand Oaks, Ventura, West Hollywood, Westlake Village, and Whittier to act as a regional agency to promote sustainable energy initiatives that reduce energy demand, increase energy efficiency, and advance the use of clean, efficient and renewable resources available in the region.
(D) CPA is authorized by ordinance to act as a community choice aggregator to implement and operate a CCA program under California law. (E) CPA has established key CCA program goals of maximizing the use of local renewable resources while also providing competitive rates to customers. These goals are aimed at supporting local economic development as well as reducing the environmental impacts resulting from the use of electricity in a technically and economically feasible manner. (F) To analyze the feasibility of operating a CCA program that achieves these goals, CPA has procured technical support services and has retained independent technical support services to conduct the appropriate development and operational studies, including technical, financial and risk analyses. These studies have assisted CPA, its member agencies, and the community in continually evaluating a rate structure, energy portfolio, and general CCA program viability through an implementation plan filed with the CPUC. (G) Participation in a CCA program implemented and operated by the CPA, rather than independently electing to become a community choice aggregator, will reduce the city’s financial exposure from community choice aggregation, if any, because CPA’s joint power authority structure immunizes its member agencies from its debts, liabilities and obligations, and therefore the debts, liabilities and obligations of a CCA program.
(H) Electric customers have the right to opt out of the CCA program and 150
continue to receive service from the existing utility under California Public Utilities Code section 366.2(c).
(I) Under the CPA program structure, the city will have CCA program voting privileges on the CPA board of directors as set out in the CPA Joint Powers Agreement.
§ 61.02. Participation in Community Choice Aggregation.

Based on all of the above, the City Council of the city of Santa Paula elects to implement a community choice aggregation program within the city’s jurisdiction by and through the CPA, subject to the determination of the CPA, based on its CCA program developmental and operational analyses and member agency input, that a CCA program based on the key goals set out above is not technically or economically feasible and consequently decides not to launch the CCA program.”
Section 4. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Santa Paula Municipal Code.

Section 5. 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 6. 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.

PASSED, APPROVED AND ADOPTED this 19th day of October 2022 _______________________
Jenny Crosswhite, Mayor
ATTEST
________________________
Julie Latshaw, City Clerk
151
APPROVED AS TO FORM:
________________________
Monica Castillo, Interim City Attorney

APPROVED AS TO CONTENT
________________________
Dan Singer, City Manager
152
To: Honorable Mayor and Members of the City Council
From: Christy Ramirez, Finance Director
Subject: FISCAL REVIEW: FY 21/22 YEAR END AND FY 22/23 Q1 Date: October 19, 2022
Agenda Item: 10.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:
1) Adopt Resolution No. 7425 Amending the City’s Operating and CIP Budget for FY 2021/22 and FY 2022/23, and
2) Adopt a revised Position Control List to reflect the re-establishment of an Assistant Finance Director position.

BACKGROUND:

The purpose of this report is to review the year end fund balances of FY 2021/22 to make recommended adjustments and revise projections for the FY 2022/23 budget based on current trends.

The Fourth Quarter (Year-End) Financial Review is intended to provide the City Council the opportunity to review the City’s Annual FY 2021/22 Operating Budget, which was adopted on June 24, 2021, and then amended throughout the fiscal year, and to report on the un-audited year-end financial activity. This is an overview of the revenue and expenditure activity in the General Fund, as well as the City’s Special Funds, and presents recommendations for adjustments to the adopted budget.

The first section of this report is a summary of the financial activity for the City’s most significant fund, the General Fund, as of June 30, 2021. Staff has also included discussion on other miscellaneous funds and Capital Improvement Program (CIP) projects. It provides a summary of the revenues and expenditures with an “Actual” vs. “Budget” comparison to better assess the progress of the General Fund (Attachment 1 – Budget Report). The figures presented here are un-audited and may change upon the conclusion of the independent yearend audit that is currently underway. Staff expects modifications, if any, to be minor and therefore immaterial. The City’s final audited Annual Comprehensive Financial Report (ACFR) will be presented at the completion of the audit and financial statement preparation by the auditors in January 2023.

The second half of this report deals with amended revenue projections and budget requests for the First Quarter Financial Review for FY 2022/23. While first quarter reviews are typically 153
early check-ins, the significant variance from projected revenues has prompted staff to recommend various budget adjustments to the FY 2022/23 budget, as further detailed below.

ANALYSIS:

FY 21/22 YEAR END (Q4)
General Fund Revenue Analysis
The General Fund is the general operating fund of the City and accounts for activities and services traditionally associated with general municipal services. When discussing the General Fund in this report, it includes the Measure T and Recreation Program funds. Overall, based on analyzing year to date activity, revenues and expenditures for the General Fund and subfunds trended as expected with revenues exceeding expenditures. The anticipated ending fund balance, unassigned to Capital Improvement Projects or set aside for special project carryover requests is approximately $5.7 million as shown in the chart below.

Fund Description Fund # Anticipated (Unaudited) Ending Fund Balance General Fund 100 $722,000
General Fund -
Reserve
101 $2,933,988
General Fund - Cable 103 $161,391
General Fund -
Measure T
104 $929,247
General Fund -
Measure T Reserve
105 $680,609
General Fund - Vehicle
Replacement
106 $149,683
General Fund -
Recreation
115 $110,828
The General Fund revenues are trending slightly below projected, particularly due to Plan Check Fees as noted in the Charges for Services section below. Following is an overview of the Budget to Actual figures by category, along with the proposed adjustments.

All General Funds Budget Actuals Variance Proposed Adjustments Charges for Service
3,298,975 1,366,664

41.4% (1,472,940)
Licenses & Permits
1,373,500 1,511,539
110.1% 141,400
Fines & Penalties
91,500 112,382
122.8% 22,400
Other Revenue
447,570 384,823

86.0% (66,050)
Intergovernmental
Revenues 444,000 498,275
112.2% 54,600
154
Property Related
4,317,543 4,373,347
101.3%
53,900
Sales Tax
6,985,000 7,893,048
113.0% 908,048
Other Taxes
455,000 499,454
109.8% 44,450
TOT
140,000 144,098
102.9% 4,100
Business License
140,000 161,422
115.3% 21,400
Real Property Transfer
Tax 175,000 193,933
110.8% 18,950
Franchise Fee
850,000 891,133
104.8% 42,000
Investments & Rents
22,365 22,816
102.0% -
Transfers
2,162,315 2,162,315
100.0% -
20,447,768 19,715,797

96.4% (272,192)
Charges for Services includes fees such as plan check, inspection, and application filing fees as well as developer deposit vendor activity that is recognized at the end of the year with a matching expenditure. Multiple changes are recommended in this category, most significantly is a decrease to the Developer Deposit Activity line items, a year end book entry that has been determined is no longer required in the amount of $705,000. The remainder of the decrease to Charges and Services is due to the lack of Plan Check Fees that has materialized in the current fiscal year. Plan Checks fees for Building and Safety are recommended to be decreased by $752,350.

Licenses and Permits revenue categories, are all exceeding the target levels. Building Permit activity is trending higher than projections, with the majority of funds stemming from new home building. Staff recommends an increase to various permit line items for a total increase of $141,400. Approximately 80% of this increase is attributable directly to Building Permits, with the other types of permits making up the difference.

Fines and Penalties made up of vehicle codes and criminal fines are projected to be about $22,400 above the budgeted amount. An increase of $10,900 for Criminal Fines is recommended, while an increase of $11,500 to Vehicle Code Fines is also needed.

Other Revenues encompasses all other revenues not otherwise mentioned, including miscellaneous revenue such as the reimbursement from CalJPIA and worker's compensation. While an overall decrease of $66,050 is recommended, the delay in reimbursement from CalJPIA totaling $151,070 will be recouped in FY 22/23.

The Intergovernmental Revenue category includes various items including Prop 172 sales tax (sales tax for public safety activities), vehicle license fee collection, POST reimbursement 155
and property tax payment in lieu fees. Staff recommends an increase of $19,300 for Vehicle License Fee collection and an increase of $29,000 in Property Tax Payment in Lieu Fees .

The Property Tax category is composed of two payment types - the “Traditional” Property Tax, which are received in large part during the months of December and April, and the Property Tax in Lieu of Motor Vehicle License Fees (MVLF) which is received in two payments during January and May. An increase of $53,900 is recommended to Traditional Property Tax for residual revenue not previously anticipated.

The annual Sales Tax budgeted figure of $7.9 million is comprised of twelve (12) monthly payments for the traditional Sales Tax line item, as well as an equal amount of payments for the Measure T 1% Sales Tax.The City continues to see trends above budgeted figures and recommends an increase of $331,998 to General Fund Sales Tax as well as an increase of $576,050 to Measure T Sales Tax.

Other Taxes consists of three subcategories including Transient Occupancy Tax (TOT), Business License, and Real Property Transfer Tax. All three categories are trending above projections and an overall increase of $44,450 is recommended as noted in the chart above.

The City collects Franchise Fees from four main service provider sources (Cable, Electric, Gas, Pipeline, Solid Waste) . Each provider of these services has a different payment schedule. Electric and Gas providers make annual payments in April. The Cable provider is on a quarterly payment plan, while Pipeline franchise fees are collected twice a year. The increase seen compared to budgeted figures is attributable to all four agreements, with Cable, Pipeline and Electric Franchisees all coming in $10,000 or more above expected amounts. An increase of $42,000 is recommended for this category.

Investments & Rent Income and Overhead/Transfers are trending as projected. No adjustments are recommended at this time.

General Fund Expenditure Analysis
General Fund expenditures have ended the year at about 95% of their budget (taking into account the decreased budgets for passthrough development activity). No other budget recommendations are being made at this time. An overview of Budget to Actuals by department can be found below.

Current
Budget
Activity Carryover
Request
Remaining Recomm
% of
Adj
Budget
Administration
3,268,227 3,114,974 8,850 144,403 -
96%
Community
Economic
Development
1,847,696 1,425,948 109,676 312,072 (200,000)
93%
Parks and
Recreation 2,833,488 2,033,306 418,133 382,049 -
87%
Finance
660,764 669,669 4,000 (12,905) -
102%
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Police
9,234,044 8,476,591 239,951 517,503 -
94%
Public Works
878,215 150,950 162,047 565,218 (500,000)
83%
NonDepartmental 383,774 374,579 - 9,195 -
98%
CIP
4,091,401 1,153,029 2,941,009 (2,638) -
100%
Total 23,197,608 17,399,045 3,883,666 1,914,898 (700,000)95% Other Funds
The NPDES includes a recommended budget decrease in revenues of $80,000. These funds were anticipated to materialize with the new Athens agreement, which has occured later then expected.

Most Development Impact Fee Funds have seen significant increases in revenues due to development in East Area 1, with the exception of Public Facilities and Park Impact Fees. The table below displays the revenue allocation adjustments recommended to reflect the revenue received in FY 21/22.

Name Current Budget Activity Recommendation

WATER DISTRIBUTION FAC
FEES
400,000 883,542 485,000

INCLUSIONARY HSING ORD
IMP
170,000 1,172,888 1,000,000

LIBRARY EXPANSION

FACILITIES
- 30,527 30,500
LAW ENFORCEMENT FAC FEES - 15,834 15,850

PUBLIC FACILITIES IMPACT
FEE
78,000 19,970 (58,000)
GENERAL FACILITIES IMPACT - 11,522 11,500
PARK IMPACT FEE 100,000 15,572 (85,000)

SEWER COLLECTION FAC
FEES
- 216,914 217,000

STORM DRAIN FACILITIES
FEES
40,000 603,035 565,000
TRAFFIC MITIGATION FEE 100,000 186,613 86,600
Delayed CIP Projects
On June 15, Council approved the use of reserve funds as an Interfund Loan to cover expenses related to the street portion of expenses of the Harvard Pipeline Project. Due to a slight delay in construction and the length of this large project, this funding will not be required until Fiscal Year 2023/2024. A formal loan agreement will be presented to Council for approval 157
at the time the Interfund Loan award is needed.

Council also indicated support of an increase in Water and Sewer allocations on November 3rd for the Mesa Tank and Crosstown Pipeline projects in the amount of $1,000,000 each for Fiscal Year 2022/23. Staff feels that allocation is no longer necessary and will not move forward with a budget adjustment.

FY 22/23 First Quarter Review (Q1)
General Fund Analysis
While the majority of revenues with larger allocations have not yet materialized in the current fiscal year, there are a few notable requests being made, including:

A decrease of $705,000 for Developer Deposits Activity. This will be matched with an equal decrease in expenses of the same purpose.

An increase of $938,496 in Prop 172 Sales Tax (38,496), General Fund Sales Tax (300,000), and Measure T Sales Tax ($600,000) to reflect the estimates projected by our Sales Tax consultants, HDL.

An increase of $324,756 in Summer Camp revenue that did not materialize in FY 21/22 due to the majority of the work being done after June 30th. Carryovers for staffing are reflected in the salary expenses for Parks and Recreation.

An increase of $420,463 in Property Tax in Lieu of MVLF to match the revenues the County informed the City it would be receiving for FY 22/23.

A decrease of $950,000 in Plan Check Fees to address the lack of activity, continued from FY 21/22.

The total fiscal impact of these revenue changes is an increase in revenues of $28,535 across all General Funds.

Staff has identified a need for the following expense allocation adjustments totaling an overall decrease of $585,338:

An increase of $12,762 to account for the City Council Compensation Increase, effective December 2022.
$15,000 for temporary help in the City Manager’s department to cover an extended staff absence.

An additional allocation of $4,500 for costs associated with hosting our City website.

Four months of lobbying services at $6,000 per month.

Recruitment funding of $25,000 to outsource the Chief of Police employment search. $26,400 for the annual costs associated with our Investment Advisory Services Funding for a one year agreement with Govinvest for Pension Modeling services in anticipation of labor negotiations beginning in early 2023 in the amount of $7,000.

A decrease of $700,000 for Developer Deposit activity passthroughs.

A decrease in Measure T funding for the ‘local match’ of $130,000 for Valley Express costs which is no longer required. An increase of $130,000 in Measure T funding for the Street Improvements CIP project.

Staff is also requesting an organizational change in the Finance Department, returning to the previously approved position of Assistant Finance Director (AFD). A recent vacancy has provided the opportunity to reevaluate the department structure and the mid-management, 158
Assistant Finance Director position would allow for much needed backup and succession planning within the Department. As you may recall, in 2019 the City had both an Assistant Finance Director and Purchasing Agent position, which were then changed to two accountant positions due to funding shortfalls in the General fund. While the salary and benefits of an AFD compared to an accountant would be $36,000 at top step, the true cost increase would be closer to $10,000 when comparing the previous salary savings. Due to the recent vacancy, no additional allocation would be required for the current fiscal year, however the adjustment to the Position Control List would require Council approval.

The overall fiscal impact of the revenues and expenditure adjustments noted above to the General Fund 100 is a surplus of $13,872.25 , and a surplus of $600,000 in Measure T.

Staff has met with the Measure T Committee, who will prepare an annual report and recommendations for the use of surplus funds for Council in November 2022.

Other Funds
Gas Tax – Staff requests an additional allocation of $11,551 for traffic signal maintenance Transportation Development Fund – In accordance with the LTF allocation request approved by council in September, staff requests an increase to revenues and matching increase to street maintenance expenses in the amount of $305,500.

Beverage Recyling Grant – Staff received an award of $44,282 and is therefore requesting an allocation for the revenues and expenses related to this fund.

COPS Grant – The County has informed staff that the Citizens Option for Public Safety Program growth funds figure is $11,271 more than what was originally budgeted. A request for matching revenues and expenditures is requested. Funding detail will be provided in November during the annual required reporting to Council, presented by the Police Department.

Water Fund – An increase of $118,340 is requested for water replenishment charges to pay for groundwater pumping charges, to better reflect the increased water usage reflected in the prior fiscal year.

Harding Park – Various line item requests are being made to utilize the Harding Park available fund balance. Most notably is an increase to the construction capital improvement project in the amount of $140,000.

STRATEGIC PLAN:

FISCAL IMPACTS:

The overall fiscal impact of the revenues and expenditure adjustments noted above to the General Fund 100 is a surplus of $13,872.25 , and a surplus of $600,000 in Measure T.

The remaining funds have sufficient fund balance needed to meet their requests. 159
OPTIONS:

1. Approve the recommended budget resolution Amending the City’s Operating and CIP Budget for FY 2021/22 and FY 2022/23.

2. Provide additional direction to staff.

ATTACHMENTS:

Position Control List w new positions 7.1.21 as of 10.19.22.pdf Budget Resolution 7425-mc.docx
160
Position
FY21‐22
Adopted
FY22‐23
Adopted
FY22‐23
PROPOSED Position
FY21‐22
Adopted
FY22‐23
Adopted
FY22‐23

PROPOSED
CITY MANAGER POLICE
City Manager 1 1 1 Police Chief 1 1 1 Admin Secretary/City Clerk 1 1 1 Police Commander 2 2 2 Management Analyst 1 1 1 Police Sergeant 6 6 6 Executive Assistant 0.80 0.80 0.80 Senior Police Officer 7 7 7 Human Resources Manager 1 1 1 Police Officer 17 16 16 Human Resource Analyst 1 1 1 Public Safety Dispatch Supervisor 1 1 1 HR Technician 0.50 0.50 0.50 Public Safety Dispatch Clerk 5 5 5 IT Manager 1 1 1 Sr. Records Supervisor 1 1 1 IT Analyst 1 1 1 Community Services Officer 2 2 2 Department Total 8.30 8.30 8.30 Community Services Officer* 1.57 1.57 1.57 Evidence & Property Technician 1 1 1 Parks and Recreation Records Technician 1 1 1 Parks and Recreation Director 1 1 1 Animal Services Coordinator 1 1 1 Recreation Supervisor 1 1 1 Emergency Services Coordinator 1 1 1 Administrative Assistant 1 1 1 Police Cadet* 0.96 0.96 0.96 Parks and Facilities Supervisor 1 1 1 Secretary II* 0.80 0.80 0.80 Facility Maintenace Worker I 1.83 2 2 Police Reserves 0.18 0.18 0.18 Facility Maintenace Worker II 2 2 2 Department Total 49.51 48.51 48.51 Lead Park and Abatement Specialist 1 1 1 Note: Police Officer 17th position in FY 21/22 solely for hiring overlap Recreation Program Coordinator 3 3 3 PUBLIC WORKS Recreation Coordinator** 0.70 0.70 0.70 Public Works Director 1 1 1 Senior Coordinator* ‐ ‐ ‐ Assistant Public Works Director 1 1 1 Nutrition Coordinator* 0.70 0.70 0.70 Management Analyst 1 1 1 Facility Attendant* 2 2 2 Administrative Analyst I 2 2 2 Park Abatement Specialist* 1.15 1.15 1.15 Administrative Analyst II 1 1 1 Recreation Leader** 5.58 5.58 5.58 Engineering Technician I 1 1 1 City Corp Trainee*** 0.83 Associate Engineer 1 1 1 Department Total 22.79 22.13 22.13 Water Operations Superintendent 1 1 1 Lead Water Distribution Operator 1 1 1 FINANCE Lead Water Treatment/Prod Oper 1 1 1 Finance Director 1 1 1 Water Distribution Operator I 1 1 1 Assistant Finance Director ‐ ‐ 1 Water Distribution Operator II 7 7 7 Payroll Specialist 1 1 1 Water Treatment/Prod Operator II 2 2 2 Accountant 3 3 2 Street Maintenance Leadworker 1 1 1 Accounting Technician 3 3 3 Maintenance Worker I 1 1 1 Customer Service Representative 2 2 2 Maintenance Worker II 3 3 3 Department Total 10 10 10 Fleet Supervisor 1 1 1 Mechanic II 2 2 2
COMMUNITY AND ECONOMIC DEVELOPMENT Intern*** 0.48 0.48 0.48 Community & Economic Dev Director 1 1 1 Mechanic Helper*** 0.48 0.48 0.48 Planning & Economic Dev Manager 1 1 1 Department Total 30 30 30 Chief Building Official 1 1 1 Code Enforcement Inspector*** ‐ 1 1 Non‐Departmental Assistant Planner 1 1 1 Intern*** 0.48 0.48 0.48 Assistant Planner/GIS Analyst 1 1 1 Associate Planner 1 1 1 FULL TIME EQUIVALENT POSITIONS 132.04 131.38 131.38 Community Development Technician 1 1 1 Permit Technician 1 1 1 * Part Time Building Inspector I 2 2 2 ** Seasonal Community Development Specialist 1 1 1 *** Limited Term Department Total 11 12 12 ELECTED/APPOINTED OFFICIALS Mayor & Councilmembers 5 5 5 Planning Commissioners 5 5 5 Position Control List ‐ Full Time Equivalents ‐ Funded
161
RESOLUTION NO. 7425

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA, CALIFORNIA, AMENDING THE CITY’S OPERATING AND CIP BUDGET FOR FISCAL YEAR 2021/22 AND FISCAL YEAR 2022/23.

The City Council for the City of Santa Paula does resolve as follows SECTION 1: The City Council adopted the FY 2021-2023 Two Year Operating Budget and Capital Improvement program on June 23, 2021.

SECTION 2: The City Manager has proposed a budget adjustment as described in the Council report dated October 19, 2021 for Fiscal Year 2021/22 and 2022/23 based on the determination by the City Manager that this adjustment is essential to the City’s operations.

SECTION 3: The City Council has reviewed the proposed budget adjustments for the year ending June 30, 2022, and for the first quarter ending September 30, 2022 and does hereby find the recommendation to be necessary and in the City’s best interest. .

SECTION 4: The City of Santa Paula’s operating and CIP Budget for Fiscal Year 2021/22 is hereby amended as follows:

ACCOUNT NAME CREDIT DEBIT
100-4-0500-5063 MISC-DEPARTMENT REIMB 3,000
100-4-1000-1150 BUILDING PERMITS 112,750
100-4-1000-5030 PLAN CHECK FEES 752,350
100-4-1000-5063 MISC-DEPARTMENT REIMB 10,000
100-4-1500-1260 SPECIAL EVENT PERMITS 5,000
100-4-1500-3030 RENTS AND CONCESSIONS 7,200
100-4-1500-3050 RECREATION ADMIN FEE 8,000
100-4-1500-5061 FILMING FEES-PERSONNEL
REIMB 7,000
100-4-3000-5027 ATTORNEY CHG REIMB (FUND
800) 50,000
100-4-3000-5028 DEVELOPER SVC REIMB (FUND
800) 155,000
100-4-3000-5063 MISC-DEPARTMENT REIMB 13,000
100-4-4500-2010 CRIMINAL FINES 10,900
100-4-4500-2020 VEHICLE CODE FINES 11,500
100-4-4500-4040 POST REIMBURSEMENT 6,300
100-4-4500-4046 PROP 172-1/2 CENT SALES TAX 19,300
100-4-4500-5063 MISC-DEPARTMENT REIMB 11,300
162
100-4-4500-6105 WORKERS COMP REIMB-4850
PLAN 6,400
100-4-4500-6106 WORKERS' COMP REIMB-MISC. 55,050
100-4-5000-1201 PERMIT ISSUANCE,
INSPECT/MAP 10,950
100-4-5000-1210 HAZARDOUS MATERIAL FEE 18,500
100-4-5000-5030 CONSTRUCTION PLAN
CHECKING 500,000
100-4-5000-5061 FILMING FEES-PERSONNEL
REIMB 5,000
100-4-5000-5063 MISC-DEPARTMENT REIMB 2,000
100-4-7500-0010 PROPERTY TAXES-SECURED 53,900
100-4-7500-0150 SALES TAX 331,998
100-4-7500-0200 TRANSIENT OCCUPANCY TAX 4,100
100-4-7500-0500 FRANCHISE FEE TAX 42,000
100-4-7500-0600 BUSINESS LICENSE FEE 21,400
100-4-7500-0650 REAL PROP DEED TRANSFER TAX 18,950
100-4-7500-1100 ANIMAL LICENSE FEES 4,200
100-4-7500-3030 RENTS AND CONCESSIONS 37,350
100-4-7500-4015 PROPERTY TAX PMT IN LIEU 29,000
100-4-7500-5099 SUSPENSE-REVENUE 122,000
100-4-7500-6300 SALE OF PROPERTY 45,000
100-5-1502-001 SALARIES-FULL TIME
100-5-3001-232 DEVEL/ATTY REIMB (FUND 800) 200,000
100-5-5011-209 PROF/CONTR SVCS-OTHER 500,000
103-4-1500-0201 CABLE SUBSCRIBER FEE (PEG) 13,800
104-4-4500-6106 WORKERS' COMP REIMB-MISC. 38,000
104-4-7500-0151 MEASURE T 1% SALES TAX 576,050
115-4-1500-5401 YOUTH TEEN PROGRAMS 6,440
115-4-1500-5410 ADULT SPORTS LEAGUES 1,700
115-4-1500-5420 SPECIAL INTEREST CLASSES 12,000
115-4-1500-5440 SENIOR PROGRAMS 5,500
115-4-1500-5460 DONATIONS 1,500
205-4-5000-0060 NPDES STORMWATER
ASSESSMENT 80,000
218-4-7500-0763 WATER DISTRIBUTION FAC FEES 485,000
219-4-7500-0760 INCLUSIONARY HSING ORD IMP 1,000,000
220-4-7500-0756 LIBRARY EXPANSION FACILITIES 30,500
221-4-7500-0755 LAW ENFORCEMENT FAC FEES 15,850
223-4-7500-0753 PUBLIC FACILITIES IMPACT FEE 58,000
225-4-7500-0752 GENERAL FACILITIES IMPACT 11,500
226-4-7500-0754 PARK IMPACT FEE 85,000
163
227-4-7500-0761 SEWER COLLECTION FAC FEES 217,000
228-4-7500-0762 STORM DRAIN FACILITIES FEES 565,000
229-4-7500-0759 TRAFFIC MITIGATION FEE 86,600
SECTION 5: The City of Santa Paula’s operating and CIP Budget for Fiscal Year 2022/23 is hereby amended as follows:

ACCOUNT NAME CREDIT DEBIT
100-4-1000-5030 PLAN CHECK FEES 950,000
100-4-1500-5063 MISC-DEPARTMENT REIMB 324,576
100-4-3000-5027 ATTORNEY CHG REIMB (FUND
800) 50,000
100-4-3000-5028 DEVELOPER SVC REIMB (FUND
800) 155,000
100-4-4500-4046 PROP 172-1/2 CENT SALES TAX 38,496
100-4-5000-5030 CONSTRUCTION PLAN
CHECKING 500,000
100-4-7500-0046 PROPERTY TX IN LIEU OF MVLF 420,463
100-4-7500-0150 SALES TAX 300,000
100-5-0501-002 SALARIES-PART TIME 10,500
100-5-0501-042 RETIREMENT 420
100-5-0501-043 WORKERS COMP 1,155
100-5-0501-044 MEDICARE 152
100-5-0501-046 LONG TERM DISABILITY 536
100-5-0511-002 SALARIES-PART TIME 15,000
100-5-0511-207 PROF/CONTRCOMPUTER/SOFTWARE 4,500
100-5-0511-209 PROF/CONTR SVCS-OTHER 24,000
100-5-0512-205 PROF/CONTR SVCSPERSONNEL 25,000
100-5-2002-201 PROFESSIONAL/CONTRACTUAL
SERVICES -FINANCIAL 26,400
100-5-2002-209 PROF/CONTR SVCS-OTHER 7,000
100-5-3001-232 DEVEL/ATTY REIMB (FUND
800) 200,000
100-5-5011-209 PROF/CONTR SVCS-OTHER 500,000
104-4-7500-0151 MEASURE T 1% SALES TAX 600,000
104-5-5022-209 PROF/CONTR SVCS-OTHER 130,000
104-5-9285-660 IMPROV OTHER THAN BLDGSREHAB 130,000
280-5-5022-222 PROF/CONTR SVCS-SIGNAL
MAINT 11,551
164
281-4-5000-0230 SB 821-TDA ARTICLE 8A 305,500
281-5-9285-660 IMPROV OTHER THAN BLDGSREHAB 305,500
305-4-5000-4049 DEPT OF CONSERVATIONRECYCLE 44,282
305-5-5052-209 PROF/CONTR SVCS-OTHER 44,282
311-4-4500-4244 SLESF-COPS GRANT 11,271
311-5-4521-209 PROF/CONTR SVCS-OTHER 11,271
620-5-5073-516 WATER REPLENISHMENT
CHARGE 118,340
803-4-1500-5450 PARKS & FIELD USER FEES 10,000
803-5-1532-123 SUPPLIES-SHOP & FIELD 2,500
803-5-1532-209 PROF/CONTR SVCS-OTHER 5,000
803-5-1532-301 MAINT-BLDGS &
IMPROVEMENTS 10,000
803-5-9360-660 IMPROV OTHER THAN BLDGSREHAB 140,000
SECTION 6: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of the City of Santa Paula, and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

PASSED, AND ADOPTED, this 19th day of October, 2022.
_____________________
Jenny Crosswhite, Mayor
ATTEST:
_________________________
Julie Latshaw, City Clerk
Approved as to form:
_______________________________
Monica Castillo, Interim City Attorney
Approved as to content:
_______________________________
165
Daniel A. Singer, City Manager
166
Santa Paula City Council Tentative Agenda Schedule
Updated 10/13/2022

DEPARTMENT MEETING

DATE ITEM DESCRIPTION
PW November 2, 2022 Public Works Department Report
Finance Measure T Report
PW New Water Meter Installation Fee Structure
Admin Contract Extension with Merchant McIntyre
CDD Sign Ordinance Review of Liquor Prohibition
Finance November 16, 2022 Finance Department Report
Finance Bonding Rate for Harvest CFD
CDD Housing In-lieu Funding Expansion
Admin Police Department Transition
HR Minimum Wage Increase
HR Social Media Policy
PW Grant Carbon Calif. Pipeline Franchise Agreement

STUDY SESSION TOPICS
Admin No Smoking Ordinance
Admin Homelessness Discussion
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
Admin Election Districts Workshops
CDD Review of Street Naming Policy
CDD VCTC Railroad Update
CDD/Admin Cultural Arts Update
Clerk Mayor/Vice Mayor Selection
Clerk Council Committee Appointments
Admin 2023 Council Meeting Calendar
167

Santa Paula City CouncilOctober 19, 2022

Santa Paula City Council
October 19, 2022