DRAFT
168
Ventura County Fire Protection District
Summary of Changes between Ordinance Number 31 and 32
Ord 31
Article Ord 31 Section Description Ord 32 Article Ord 32 Section Description Summary of Change Classification 3 Article Title 3 Article Title Revised: Updated references to appropriate code year.
Revision
3 3.1 Admendments 3 3.1 Amendments Revised: Updated references to appropriate code year.
Revision
3 3.1.1 Amendment statement 3 3.1.1 Amendment statement Revised: Updated references to appropriate code year.
Revision
3 103.1 General Added: Information previously contained in model code language. Model code
language was changed this code cycle and
it did not fit VCFD's needs, so the section
was amended.
Addition
3 103.4 Liability 3 104.7 Liability Revised: Section was renumbered to account for use of old section number in the
current edition of the model code.
Revision
3 104.5 Notices 3 104.5 Notices Revised: Reference to section number within text of provision was updated due to
re-organzation of the model code.
Revision
3 104.5.1 Citations 3 104.5.1 Citations Revised: Reference to section number within text of provision was updated due to
re-organzation of the model code.
Revision
3 105.4.1 Submittals 3 106.1 Submittals Revised: Section was renumbered to account for use of old section number in the
current edition of the model code. Also
includes minor editorial change to correct
use of the word statutes versu laws in model
code language.
Revision
3 105.6.32 Open Burning 3 105.5.34 Open Burning Revised: Section was renumbered to account for use of old section number in the
current edition of the model code. Also
includes minor editorial change to update
the reference to Chapter 49 instead of
Appendix V due to re-organization of
VCFPD ordinance.
Revision
DRAFT
169
Ventura County Fire Protection District
Summary of Changes between Ordinance Number 31 and 32
Ord 31
Article Ord 31 Section Description Ord 32 Article Ord 32 Section Description Summary of Change Classification 3 105.6.52 Miscellaneous
combustible compost,
composting, green
waste, mulch, organic
processing and yard
waste
3 105.5.52 Miscellaneous
combustible compost,
composting, green
waste, mulch, organic
processing and yard
waste
Revised: Section was renumbered to
account for use of old section number in the
current edition of the model code.
Revision
3 105.7.26 Fuel Modification Plans 3 105.6.25 Landscpae and Fuel Modification Plans
Revised: Section was renumbered to
account for use of old section number in the
current edition of the model code. Also
includes update to section title for
clarification of application of the section.
Revision
3 106.2 Schedule of fees 3 107.2 Schedule of fees Revised: Section was renumbered to account for use of old section number in the
current edition of the model code.
Revision
3 106.3 Work commencing
before permit issuance
3 107.4 Work commencing
before permit issuance
Revised: Section was renumbered to
account for use of old section number in the
current edition of the model code. Also
includes minor editorial change to the "A
person.." vs "Any person.." to match
language used in model code section.
Revision
3 106.3.1 Investigation fee 3 107.4.1 Investigation fee Revised: Section was renumbered to account for use of old section number in the
current edition of the model code.
Revision
3 106.6 Delinquent fees 3 107.7 Delinquent fees Revised: Section was renumbered to account for use of old section number in the
current edition of the model code.
Revision
3 106.6.1 Penalties 3 107.7.1 Penalties Revised: Section was renumbered to account for use of old section number in the
current edition of the model code.
Revision
3 106.6.2 Interest 3 107.7.2 Interest Revised: Section was renumbered to account for use of old section number in the
current edition of the model code.
Revision
3 106.6.3 Legal names 3 107.7.3 Legal names Revised: Section was renumbered to account for use of old section number in the
current edition of the model code.
Revision
DRAFT
170
Ventura County Fire Protection District
Summary of Changes between Ordinance Number 31 and 32
Ord 31
Article Ord 31 Section Description Ord 32 Article Ord 32 Section Description Summary of Change Classification 3 109.1 Board of Appeals
established
3 111.1 Board of Appeals
established
Revised: Section was renumbered to
account for use of old section number in the
current edition of the model code.
Revision
3 109.2 Limitations on authority 3 111.2 Limitations on authority Revised: Section was renumbered to account for use of old section number in the
current edition of the model code. Also
includes minor editorial changes to match
model code language and update reference
to Chapter 49 instead of Appendix V due to
re-organization of VCFPD ordinance.
Revision
3 109.2.1 Finality 3 111.4 Finality Revised: Section was renumbered to move previous amendments to new section added
to model code for better readability. Also
made revisions to correct misleading
information contained in prior ordinance
suggesting the Fire District could appeal
decisions of the Board of Appeals to the
Board of Directors.
Revision
3 110.4 Violation penalties 3 112.4 Violation penalties Revised: Section was renumbered to account for use of old section number in the
current edition of the model code. Also
includes minor editorial edit to insert a
missing word from model code language.
Revision
3 110.5 Notice of intent to record
notice of noncompliance
and recordation of notice
of noncompliance
3 112.5 Notice of intent to record
notice of noncompliance
and recordation of notice
of noncompliance
Revised: Section was renumbered to
account for use of old section number in the
current edition of the model code.
Revision
3 110.5.1 3 112.5.1 Revised: Section was renumbered to
account for use of old section number in the
current edition of the model code.
Revision
3 110.5.2 3 112.5.2 Revised: Section was renumbered to
account for use of old section number in the
current edition of the model code.
Revision
DRAFT
171
Ventura County Fire Protection District
Summary of Changes between Ordinance Number 31 and 32
Ord 31
Article Ord 31 Section Description Ord 32 Article Ord 32 Section Description Summary of Change Classification 3 110.5.3 3 112.5.3 Revised: Section was renumbered to
account for use of old section number in the
current edition of the model code. Also
includes minor editorial change to update
section references due to model code
renumbering.
Revision
3 110.5.4 Release 3 112.5.4 Release Revised: Section was renumbered to account for use of old section number in the
current edition of the model code.
Revision
3 110.5.5 Fee 3 112.5.5 Fee Revised: Section was renumbered to account for use of old section number in the
current edition of the model code.
Revision
3 202 Definition of Defensible
Space
3 202 Definition of Defensible
Space
Revised: Definition was moved into Chapter
49 as part of code re-organization. Point to
definition was left in Section 202 for
readability.
Revision
3 202 Definition of Existing
Parcel
Added: Definition was added to provide
clarity to the use of this term in the
ordinance.
Addition
3 202 Definition of fire-flow
calculation area.
Deleted: Definition was deleted from the
ordinance as previous amendments to the
definition are no longer needed. Definition
from Appendix B in model code is still
applicable.
Deletion
3 202 Definition of Fire
Protection Plan
3 202 Definition of Fire
Protection Plan
Revised: Definition was moved into Chapter
49 as part of code re-organization. Point to
definition was left in Section 202 for
readability.
Revision
3 202 Definition of Fuel Break 3 202 Definition of Fuel Break Revised: Definition was moved into Chapter 49 as part of code re-organization. Point to
definition was left in Section 202 for
readability.
Revision
3 202 Definition of Fuel
Modification
3 202 Definition of Fuel
Modification
Revised: Definition was moved into Chapter
49 as part of code re-organization. Point to
definition was left in Section 202 for
readability.
Revision
DRAFT
172
Ventura County Fire Protection District
Summary of Changes between Ordinance Number 31 and 32
Ord 31
Article Ord 31 Section Description Ord 32 Article Ord 32 Section Description Summary of Change Classification 3 202 Definition of Fuel Mosaic 3 202 Definition of Fuel Mosaic Revised: Definition was moved into Chapter 49 as part of code re-organization. Point to
definition was left in Section 202 for
readability.
Revision
3 202 Definition of Greenbelts 3 202 Definition of Greenbelts Revised: Definition was moved into Chapter 49 as part of code re-organization. Point to
definition was left in Section 202 for
readability.
Revision
3 202 Definition of Hazardous
Fire Area (HFA)
3 202 Definition of Hazardous
Fire Area (HFA)
Revised: Definition was moved into Chapter
49 as part of code re-organization. Point to
definition was left in Section 202 for
readability.
Revision
3 202 Definition of Isolated
Commerical
Deleted: Definition was deleted as this term
is no longer used in the ordinance.
Deletion
3 202 Definition of Isolated
Residential
Deleted: Definition was deleted as this term
is no longer used in the ordinance.
Deletion
3 202 Definition of Ornamental
Landscape
3 202 Definition of Ornamental
Landscape
Revised: Definition was moved into Chapter
49 as part of code re-organization. Point to
definition was left in Section 202 for
readability.
Revision
3 202 Definition of
Recreational Fire
3 202 Definition of
Recreational Fire
Edited: Minor editorial change to include
metric measures to match model code.
Editorial
3 202 Definition of Rubbish
(Trash)
3 202 Definition of Rubbish
(Trash)
Edited: Minor editorial change to insert the
word "tin" now used in model code
language.
Editorial
3 202 Definition of Wildfire 3 202 Definition of Wildfire Revised: Definition was moved into Chapter 49 as part of code re-organization. Point to
definition was left in Section 202 for
readability.
Revision
3 322 Fire Hazard 3 301.1.3 Fire Hazard Revised: This provision was relocated for better readability and flow of the ordinance.
No change to the content was made.
Revision
3 304.1.2 Vegetation 3 304.1.2 Vegetation Revised: Update references from Appendix W to Chapter 49 as part of cpde reorganization. Also update reference to term WUI from HFA due to changes in model
code.
Revision
DRAFT
173
Ventura County Fire Protection District
Summary of Changes between Ordinance Number 31 and 32
Ord 31
Article Ord 31 Section Description Ord 32 Article Ord 32 Section Description Summary of Change Classification 3 Appendix W103 Unlawful disposal 3 304.1.4 Unlawful disposal Revised: Section W103 was relocated into Chapter 3 as part of migrating existing
VCFD fire hazard reduction and vegetation
management regulations into Chpater 49
and other more appropriate sections of the
code.
Revision
3 307.1 General 3 307.1 General Revised: Updated reference from Appendix V to Chapter 49 as part of code reorganization.
Revision
3 317.1 General Added: This section was amended to
include reference to provisions in Chapter
49. Revision
3 321.1 General 3 322.1 General Revised: Section was renumbered to account for use of old section number in the
current edition of the model code. Also
updated references to other code sections
as part of code re-organization.
Revision
3 321.2 Prevention of ignition 3 322.2 Prevention of ignition Revised: Section was renumbered to account for use of old section number in the
current edition of the model code.
Revision
3 321.3 Provisions for
extinguishment
3 322.3 Provisions for
extinguishment
Revised: Section was renumbered to
account for use of old section number in the
current edition of the model code.
Revision
3 321.4 Location 3 322.4 Location Revised: Section was renumbered to account for use of old section number in the
current edition of the model code. Also
updated references to other code sections
as part of code re-organization.
Revision
3 507.3 Fire-flow Deleted: This amendment is no longer
needed as we decided to adopt the
language as written in the model code.
Deletion
3 507.5 Fire hydrant systems Deleted: This amendment is no longer needed as result of Section 507.5.7 being
deleted from ordinance.
Deletion
3 507.5.7 Minimum fire hydrant
flows.
Deleted: This amendment is no longer
needed. Information will be moved into
water standard.
Deletion
DRAFT
174
Ventura County Fire Protection District
Summary of Changes between Ordinance Number 31 and 32
Ord 31
Article Ord 31 Section Description Ord 32 Article Ord 32 Section Description Summary of Change Classification 3 903.1.4 Modifications prohibited Deleted: This amendment is no longer needed.
Deletion
3 903.1.5 Maintenance of area
separation walls
3 903.1.2 Maintenance of area
separation walls
Revised: Section renumbered due to
deletion of previously existing sections.
Revision
3 903.1.6 Previously exempted Deleted: This amendment is no longer needed.
Deletion
3 903.1.7 Change of use 3 903.1.4 Change of use Revised: Section renumbered due to deletion of previously existing sections.
Revision
3 903.2 Where required 3 903.2 Where required Revised: Additional clarifying language was added to item #1 for dwellings regulated
under CCR Title 25. Also updated section
reference as result of deletion of previously
existing Section 903.1.6 and renumbering
that occurred in the model code.
Revision
3 903.2.8.1.1 Coverage Deleted: This amendment is no longer needed. Provisions are adequately covered
in the code.
Deletion
3 903.3.1.2.3 Attics Added: This amendment was added to augment existing provisions in the model
code and support deletion of Ord 31 Section
903.1.4.
Addition
3 1204.4 Ground-mounted
photovoltaic panel
systems.
Deleted: This amendment was deleted due
to the previously contained vegetation
control provisions being relocated to new
sub-section model code. New sub-section
1205.5.1 was amended to address previous
provisions contained in this amendment.
Deletion
3 1205.5.1 Vegetation Added: This amendment was added to carry over the provisions previously
contained in Ord 31 under Section 1204.4.
Addition
3 2306.2.3 Above-ground tanks
located outdoors, above
grade.
Deleted: This amendment is no longer
needed.
Deletion
DRAFT
175
Ventura County Fire Protection District
Summary of Changes between Ordinance Number 31 and 32
Ord 31
Article Ord 31 Section Description Ord 32 Article Ord 32 Section Description Summary of Change Classification 3 2802.1.2 Compost, compostable
material, mulch,
combustible yard waste,
and recycable material
3 2808.1.1 Compost, compostable
material, mulch,
combustible yard waste,
and recycable material
Edited: Changed the section number as it
was in error under previous ordinance and
not in proper sequence.
Editorial
3 2808.1.3 Other materials 3 2808.1.2 Other materials Edited: Changed the section number as it was in error under previous ordinance and
not in proper sequence.
Editorial
3 2808.3 Size of piles 3 2808.3 Size of piles Revised: Updated section to include new model code language and amend as
necessary.
Revision
3 2808.10 Fire protection plan 3 2808.10 Fire protection plan Edited: Minor editorial changes were made for grammar purposes.
Editorial
3 2810.9 Fire protection 3 2810.9 Fire-flow Revised: The previous amendment was revised to expand the fire-flow requirements
for outdoor pallet storage at pallet
manufacturing and recycling facilities.
Revision
3 2810.12 Fire apparatus access
roads
3 2810.12 Fire hydrants Revised: The provisions previously exisitng in Section 2810.12 were relocated and
section was used to relocation of fire
hydrant provisions previously contained in
Section 2810.9. This was done for
readability and flow of the ordinance.
Revision
3 2810.13 Heat treatment
chambers
3 2810.13 Fire apparatus access
roads
Revised: Section was renumbered to
account for use of old section number in the
current edition of the ordinance.
Revision
3 2810.13 Heat treatment
chambers
3 2810.14 Heat treatment
chambers
Revised: Section was renumbered to
account for use of old section number in the
current edition of the ordinance.
Revision
3 2810.13.1 Distance to other
combustibles
3 2810.14.1 Distance to other
combustibles
Revised: Section was renumbered to
account for use of old section number in the
current edition of the ordinance.
Revision
3 2810.13.2 Fuel supply 3 2810.14.2 Fuel supply Revised: Section was renumbered to account for use of old section number in the
current edition of the ordinance.
Revision
DRAFT
176
Ventura County Fire Protection District
Summary of Changes between Ordinance Number 31 and 32
Ord 31
Article Ord 31 Section Description Ord 32 Article Ord 32 Section Description Summary of Change Classification 3 2810.13.3 Above-ground fuel tanks 3 2810.14.3 Above-ground fuel tanks Revised: Section was renumbered to account for use of old section number in the
current edition of the ordinance.
Revision
3 Chapter 49 Requirements for
Wildland-Urban Interface
Fire Areas
Added: This entire chapter was added to
the ordinance as part of expanison by SFM
of Chapter 49. VCFD Ord 31 Appendicies V
and W migrated into new Chapter 49.
Addition
3 5601.1.3 Fireworks 3 5601.1.3 Fireworks Edited: Added reference to the 2006 edition of the NFPA contained in model code
language. This reference was mistakenly
left out when carrying over the model
language into Ord 31. No change to content
of the provisions.
Editorial
3 Appendix B101.1 Scope Deleted: This amendment is no longer needed as VCFD is adopting model code
language as written.
Deletion
3 Appendix B102.1 Definitions Deleted: This amendment is no longer needed as VCFD is adopting model code
language as written.
Deletion
3 Appendix B103.4 Inadequate water
purveyors
3 Appendix B103.4 Inadequate water
purveyors
Edited: Minor editorial change to remove
excess language to provide more clarity to
the section. No change in content.
Editorial
3 Appendix B105.1 One- and two-family
dwellings, Group R-3
and R-4 Buildings, and
Group U private garages
Deleted: This amendment is no longer
needed as VCFD is adopting model code
language as written.
Deletion
3 Appendix B105.2 Buildings other than oneand two-family dwellings, Group R-3 and R-4
Buildings, and Group U
private garages
Deleted: This amendment is no longer
needed as VCFD is adopting model code
language as written.
Deletion
3 Appendix V Fire Safety Provisions
for Hazardous Fire
Areas
Deleted: Provisions of this appendix were
moved into Chapter 49 as part of the State's
adoption and expansion of CFC Chapter 49.
Deletion
DRAFT
177
Ventura County Fire Protection District
Summary of Changes between Ordinance Number 31 and 32
Ord 31
Article Ord 31 Section Description Ord 32 Article Ord 32 Section Description Summary of Change Classification 3 Appendix W Fire Hazard Reduction
and Vegetation
Mangement
Deleted: Provisions of this appendix were
moved into Chapter 49 as part of the State's
adoption and expansion of CFC Chapter 49.
Deletion
4 Effective Date 4 Effective Date Revised: Minor revisions made to reflect the current dates.
Revision
DRAFT
178
RESOLUTION NO. z. 2 - ) '-JY,
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VENTURA COUNTY
FIRE PROTECTION DISTRICT ADOPTING EXPRESS FINDINGS REGARDING AMENDMENT AND ADOPTION OF 2022 CALIFORNIA FIRE CODE
WHEREAS, the state has adopted the 2022 California Fire Code, California Code of Regulations, Title 24, Part 9, contained in the California Building Standards Code, which becomes effective on January 1, 2023;
WHEREAS, pursuant to Health and Safety Code Section 13869.7, the Ventura County Fire Protection District ("Fire District") may establish more stringent building standards than those adopted by the State Fire Marshal and contained in the California Building Standards Code that are reasonably necessary to provide fire protection for life and property because of local climatic, geological, or topographical conditions; WHEREAS, on October 11, 2022, the Fire District intends to adopt certain more stringent building standards, identified herein, in the 2022 Ventura County Fire Code, Fire District Ordinance No. 32 ("2022 VCFC"); and
WHEREAS, the remainder of the proposed modifications to the 2022 California Fire Code in the attached proposed 2022 VCFC are administrative and do not modify building standards;
NOW, THEREFORE, BE IT RESOLVED that the Board hereby finds that the following local climactic, geological or topographical conditions exist in Ventura County:
A. Ventura County experiences periods of high temperatures accompanied by low humidity and high winds each year as well as periods of limited rainfall and droughts. These conditions create an environment in which the Fire District commits large numbers of firefighting resources to the control and extinguishment of wild land fires. Additionally, wildland fires may impact emergency response routes throughout the county, creating delays in response times. Built in fire protection and reliable fire protection water supplies heighten levels of protection for structures and assist the limited firefighting resources in extinguishing or controlling of fires within structures and/or the wildland.
B. Ventura County is in a potential high activity seismic zone. After a large seismic event, the potential for multiple fires occurring simultaneously will tax the available firefighting resources. Additionally, seismic activity may impact emergency response routes throughout the county, creating delays in response times. Built in fire protection and reliable fire protection water supplies will assist in extinguishment or controlling of fires within structures and thus increase the availability of firefighting resources after seismic activity.
C. Ventura County has areas that are in wildland and wildland-urban interface 179
areas. Due to topography, access to structures in these areas may be impacted causing delays in response time and delays in fire suppression efforts. An extended response time will allow fires to grow beyond the control of initial attach fire suppression resources. Structure fires in the hillside areas will have a greater likelihood of starting a wildland fire, which may expose additional structures to fire. As well, extended response times will delay structure defense operations during a wildland fire. Built in fire protection and reliable fire protection water supplies will assist in the extinguishment or controlling of fires within structures and/or the wild land.
BE IT FURTHER RESOLVED that it is reasonably necessary because of these local climatic, geological, or topographical conditions to modify sections 507, 903, and Appendix B of the California Fire Code and adopt the 2022 California Fire Code with those amendments as shown in the proposed 2022 VCFC, attached hereto, as follows:
• Add sections 507 .6 and 507 .6.1
• Add sections 903.1.2, 903.1.3, and 903.1.4,
• Amend sections 903.2 and 903.3.1.2.3
• Amend section B103.3
• Add section B103.4
Up~ Supervisor /_jJ n , seconded by Supervisor
, and duly car ed, the Board hereby adopts the following resolution on this 13th day of September 2022.
ATTEST:
Sevet Johnson,
Clerk of the Board of Supervisors
County of Ventura, State of California.
J
By: ____,_------------1------ Board
180
FINDINGS
For revision of the Ventura County Fire Protection District Amendments to the 2022 California Fire Code of the California Code of Regulations Title 24 Part 9 and 2021 International Fire Code.
As required by the Health and Safety Code Section 13869.7, 17958, 17958.5, 17958.7, and 18941.5, the Ventura County Fire Protection District does herewith make express findings that amendments to the 2022 California Fire Code and 2021 International Fire Code are necessary for the protection of the public health, safety, and welfare due to certain climatic, topographical, or geological features existing in the Ventura County.
Key to findings for amendments to Title 24 of the California Code of Regulations and International Fire Code.
1. Climatic. Ventura County experiences periods of high temperatures accompanied by low humidity and high winds each year as well as periods of limited rainfall and droughts. These conditions create an environment in which the Fire District commits large numbers of firefighting resources to the control and extinguishment of wildland fires. Additionally, wildland fires may impact emergency response routes throughout the county, creating delays in response times. Built-in fire protection and reliable fire protection water supplies heighten levels of protection for structures and assist the limited firefighting resources in extinguishing or controlling of fires within structures and/or the wildland.
2. Geological. Ventura County is in a potential high activity seismic zone. After a large seismic event, the potential for multiple fires occurring simultaneously will tax the available firefighting resources. Additionally, seismic activity may impact emergency response routes throughout the county, creating delays in response times. Built-in fire protection and reliable fire protection water supplies will assist in extinguishment or controlling of fires within structures and thus increase the availability of firefighting resources after seismic activity.
3. Topographical. Ventura County has areas that are in wildland and wildlandurban interface areas. Due to topography, access to structures in these areas may be impacted causing delays in response time and delays in fire suppression efforts. An extended response time will allow fires to grow beyond the control of initial attach fire suppression resources. Structure fires in the hillside areas will have a greater likelihood of starting a wildland fire, which may expose additional structures to fire. As well, extended response times will delay structure defense operations during a wildland fire. Built-in fire protection and reliable fire protection water supplies will assist in the extinguishment or controlling of fires within structures and/or the wildland.
4. Administrative. This amendment is necessary for administrative clarification or to provide a greater level of fire and life safety. This amendment does not modify a Building Standard pursuant to California Health and Safety Code Sections 13869.7,17958, 17958.5, 17958.7 and 18941.5.
181
Fire District Ordinance No. 32 - Findings
Item # Article
Number
Chapter
Number
Section
Number Section Title Findings
1 1 1.1 Findings 4
2 1 1.2 Purpose 4
3 1 1.3 Authority 4
4 1.4 Adoption 4
5 1 1.5 Filing with the Clerk of the Board 4
6 1 1.6 Copies of Code for sale to the public 4
7 2 2.1 Repeal 4
8 2 2.2 References to prior code 4
9 3 3.1 Amendments 4
10 3 1 101.1 Title 4
11 3 1 102.7 Referenced codes and standards 4
12 3 1 103.1 General 4
13 3 1 104.5 Notices and orders 4
14 3 1 104.5.1 Citations 4
15 3 1 104.7 Liability 4
16 3 1 104.7.1 Legal defense 4
17 3 1 105.1.7 Sale or delivery without permit 4
18 3 1 105.3.3 Occupancy and use, prohibited before approval 4 19 3 1 105.5.34 Open burning 4
20 3 1 105.5.52 Miscellaneous combustible compost, composting, green waste, mulch, organic processing and yard waste
4 21 3 1 105.6.25 Fuel Modification plans 4
22 3 1 106.1 Submittals 4
23 3 1 107.2 Schedule of fees 4
24 3 1 107.4 Work commencing before permit issuance 4
25 3 1 107.4.1 Investigation fee 4
26 3 1 107.7 Delinquent fees 4
27 3 1 107.7.1 Penalties 4
28 3 1 107.7.2 Interest 4
29 3 1 107.7.3 Legal means 4
30 3 1 111.1 Board of Appeals established 4
31 3 1 111.2 Limitations of authority 4
32 3 1 111.3 Members and qualifications 4
Fire District Ordinance No. 32 - Findings
Item # Article
Number
Chapter
Number
Section
Number Section Title Findings
33 3 1 111.4 Finality 4
34 3 1 112.4 Violation penalties 4
35 3 1 112.5 Notice of intent to record notice of noncompliance and recordation of notice of noncompliance
4 36 3 1 112.5.1 4
37 3 1 112.5.2 4
38 3 1 112.5.3 4
39 3 1 112.5.4 Release 4
40 3 1 112.5.5 Fee 4
41 3 2 202 Definition 4
42 3 3 301.1.3 Fire hazard 4
43 3 3 304.1.2 Vegetation 4
44 3 3 304.1.4 Unlawful disposal 4
45 3 3 307.1 General 4
46 3 3 307.1.1 Prohibited Open Burning 4
47 3 3 307.1.2 Prohibited burning of rubbish 4
48 3 3 307.1.3 Prohibited open fires 4
49 3 3 307.1.4 Repsonsibility 4
50 3 3 307.2 Permit required 4
51 3 3 307.3 Extinguishment authority 4
52 3 3 307.4 Location from Structures 4
53 3 3 307.4.1 Bonfires 4
54 3 3 307.4.2 Recreational Fires 4
55 3 3 307.4.3 Portable outdoor fireplaces 4
56 3 3 308.1.6.3 Sky lanterns 4
57 3 3 315.7 Outdoor pallet storage 4
58 3 3 315.7.8 Fire apparatus access roads 4
59 3 3 317.1 General 4
60 3 3 322.1 General 4
61 3 3 322.2 Prevention of ignition 4
62 3 3 322.3 Provisions for extinguishment 4
63 3 3 322.4 Location 4
64 3 3 323.1 General 4
Fire District Ordinance No. 32 - Findings
Item # Article
Number
Chapter
Number
Section
Number Section Title Findings
65 3 3 323.2 Written report 4
66 3 3 323.3 Safety 4
67 3 3 323.4 Modifications 4
68 3 3 323.5 Non-hazardous materials 4
69 3 3 323.6 Reporting 4
70 3 5 503.1 Where required 4
71 3 5 507.6 Emergency power 1,2,3
72 3 5 507.6.1 Retroactive installation for existing water systems 1,2,3 73 3 9 903.1.2 Concurrent permits 1,2,3
74 3 9 903.1.3 Maintenance of area separation walls 1,2,3 75 3 9 903.1.4 Change of use 1,2,3
76 3 9 903.2 Where required 1,2,3
77 3 9 903.3.1.2.3 Attics 1,2,3
78 3 12 1205.5.1 Vegetation control 4
79 3 28 2802.1 Definitions 4
80 3 28 2808 Title 4
81 3 28 2808.1 General 4
82 3 28 2808.1.1 Compost, compostable material, mulch, combustible yard waste, and recycable material
4 83 3 28 2808.1.2 Other materials 4
84 3 28 2808.3 Size of piles 4
85 3 28 2808.6 Static pile protection 4
86 3 28 2808.10 Fire protection plan 4
87 3 28 2810 Title 4
88 3 28 2810.1 General 4
89 3 28 2810.7 Clearance to important buildings 4
90 3 28 2810.7.1 Distance to other combustibles 4
91 3 28 2810.8.1 Pallet pile stability and size 4
92 3 28 2810.9 Fire-flow 4
93 3 28 2810.12 Fire hydrants 4
94 3 28 2810.13 Fire apparatus access roads 4
95 3 28 2810.14 Heat treatment chambers 4
96 3 28 2810.14.1 Distance to other combustibles 4
Fire District Ordinance No. 32 - Findings
Item # Article
Number
Chapter
Number
Section
Number Section Title Findings
97 3 28 2810.14.2 Fuel supply 4
98 3 28 2810.14.3 Above-ground fuel tanks 4
99 3 49 4901.1 Scope 4
100 3 49 4901.2 Purpose 4
101 3 49 4901.3 Cost 4
102 3 49 4902 Definitions 4
103 3 49 4903 Fire protection plans 4
104 3 49 4905.4 Fencing 4
105 3 49 4905.5 Building setbacks 4
106 3 49 4906 Vegetation management requirements for new landscaping 4 107 3 49 4906.5 Greenbelts 4
108 3 49 4907.1 General 4
109 3 49 4907.2 Application 4
110 3 49 4907.3 Requirements 4
111 3 49 4907.3.1 Retroactivity 4
112 3 49 4907.4 Responsibility and costs 4
113 3 49 4907.5 Clearance of brush, vegetative growth and combustible material from parcels.
4 114 3 49 4907.6 Clearance of fuels or vegetative growth from structures 4 115 3 49 4907.7 Defensible space clearance zones and requirements 4 116 3 49 4907.8 Fire protection equipment and utilities 4 117 3 49 4907.9 Clearance of brush or vegetative growth from roadways 4 118 3 49 4907.1 Clearance of brush and vegetative growth from electrical transmission and distribution lines.
4 119 3 49 4907.11 Ignition sources 4
120 3 49 4907.12 Flammable and hazardous material processes, storage, and use 4 121 3 49 4907.13 Disposal 4
122 3 49 4907.14 Correction of conditions 4
123 3 49 4907.15 Notice and prosection 4
124 3 49 4907.16 Clearance upon defualt of owner or lessee 4 125 3 49 4907.17 Collection of the cost of abatement 4
126 3 49 4907.18 Recorded notices 4
127 3 49 4911 Fire safety provisions for wildland-urban interface(WUI) areas 4
Fire District Ordinance No. 32 - Findings
Item # Article
Number
Chapter
Number
Section
Number Section Title Findings
128 3 50 5003.13 Enclosures 4
129 3 56 5601.1.3 Fireworks 4
130 3 56 5601.7 Seizure 4
131 3 Appendix B B103.3 Areas without water supply systems 1,2,3 132 3 Appendix B B103.4 Inadequate water purveyors 4
133 3 Appendix C C103.1 Hydrant spacing 4
134 3 Appendix U Administrative Citations 4
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: CONSIDERATION OF APPROVAL OF GRANT OF EASEMENT TO SCE ON EAST AREA 1 SPORTS PARK PARCEL AND LOT LINE
ADJUSTMENT PMW NO. 536-LLA-21-01
Date: November 16, 2022
Agenda Item: 10.H
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Find that the proposed grant of easement to Southern California Edison (SCE) on the East Area 1 Sports Park Parcel and approval of Lot Line Adjustment PMW No. 536-LLA21-01 are categorically exempt pursuant to CEQA Guidelines section 15305 (minor alterations to land);
2. Approve a grant of easement to Southern California Edison (SCE) for placement of electrical equipment under, over, and on the sidewalk area along Harvest Loop Road and Santa Paula Street;
3. Approve Lot Line Adjustment PMW No. 536-LLA-21-01 to revise the lot line between Parcels F (Sports Park) and C1 (Future High School) of Tract No. 5854; and
4. Authorize the City Manager, or his designee, to execute and record all requisite instruments to perfect the lot line adjustment.
BACKGROUND:
SCE Easement:
SCE will provide electricity to the East Area 1 Sports Park Complex and street lighting in its vicinity. The existing public street right of way adjacent to the Sports Park along Harvest Loop Road and Santa Paula Street abuts and runs parallel with sidewalk curb. The sidewalk and landscaped parkways on the Sports Park parcel are within a public pedestrian access easement and public utility easement owned by the City of Santa Paula. To power the Sports Park Complex, SCE requires a grant of easement from the City to provide them rights to construct, access, operate and maintain their electrical lines and equipment on, over, under, across, and along the sidewalk area. SCE is therefore requesting that the city approve an SCE-prepared grant of easement for this purpose. (See Exhibits A and B).
Lot Line Adjustment
On December 21, 2017, Limoneira Lewis Community Builders, LLC (“LLCB”) dedicated, and 187
the City accepted Parcel F (Sports Park) of East Area 1 Specific Plan’s parent Tract Map No. 5854 upon its recording. LLCB retained ownership of Parcel C1 (Future High School).
On March 17, 2021, the Planning Director approved Lot Line Adjustment PMW No. 536-LLA21-01 to move the lot line between Parcels F (Sports Park) and C1 (Future High School) as requested by Jensen Design & Survey, Inc. on behalf of the Parcel C1-owner LLCB. (See Exhibit C - “Lot Line Adjustment Approval Memorandum East Area 1 Specific Plan Area”).
The approved lot line adjustment is incomplete, however, without City Council approval. That is because one of the affected parcels, Parcel F (Sports Park), is owned by the City of Santa Paula. In order to perfect the lot line adjustment, the city must convey its interest in Parcel F—shown in Exhibit E as a portion of Parcel F—to LLCB to form a new parcel, Parcel A.
ANALYSIS:
The grey area in the graphic attached as Exhibit D shows the location and layout of the proposed SCE easement. Much of the easement is 12’ from right of way, with pop outs over locations where there are pedestals/transformers. The proposed SCE infrastructure will provide energy to the Sports Park and street lighting in this vicinity. Staff have reviewed the proposed easement grant deed and layout and recommends approval of the easement.
This easement will need to be recorded prior to the recording of the proposed lot line adjustment PMW No. 536-LLA-21-01, as it is drawn up to the existing lot configuration of Tract 5854 Parcels F and C1.
Lot Line Adjustment
The proposed adjustment depicted in Exhibit E reconfigures the existing Tract 5854 Parcel F (Sports Park) and Parcel C1 (Future High School), which will become PMW No. 536-LLA-21- 01 Parcels A (formerly C1) and B (formerly F). The size of the newly created Parcels A and B will remain the same as former Parcels C1 and F at 8.20 acres and 37.14 acres, respectively.
The lot line adjustment is needed to fit the final layout of the soccer fields and drainage basin on the sports park parcel, as identified when the Planning Director originally issued approval.
Staff recommends approval of the proposed lot line adjustment, to include the directives provided in the Planning Director’s approval memo. In addition, the lot line adjustment (See Exhibit F) will be recorded after the SCE easement records, and quitclaim deeds (See Exhibits G and H) will be recorded after the lot line adjustment to perfect the newly created parcels.
STRATEGIC PLAN:
Not Applicable.
FISCAL IMPACTS:
Approval of the grant of easement to SCE and lot line adjustment for revision of Parcels F and C1 do not require funding from the City. SCE will be able to install and energize the needed electrical improvements, which energy cost will be paid for by the city as originally planned with the East Area 1 Specific Plan.
OPTIONS:
188
As an alternative to Staff’s recommendation, City Council has the following option:
1. Do not approve the proposed grant of easement to SCE and lot line adjustment.
However, if not approved, SCE will not be able to install and energize the needed electrical improvements for the East Area 1 Sports Complex, and the existing lot lines will be inconsistent with the approved final sports park layout.
ATTACHMENTS:
Exhibit A SCE Grant of Easement.pdf
Exhibit B SCE Easement Plan.pdf
Exhibit C LLA Approval Memo EA1 Specific Plan (1).pdf
Exhibit D Location and Layout of Proposed Easement.pdf
Exhibit E Reconfiguration of existing Tract 5854.pdf
Exhibit F LLA Certificate of Compliance - Sports Park.pdf Exhibit G Quitclaim Deed-Parcel A Sports Park LLA.pdf
Exhibit H Quitclaim Deed - Parcel B Sports Park LLA.pdf 189
190
191
192
193
194
EXHIBIT B
SCE Easement Plan
195
∆ ∆ ∆ TRACT NO. 5854 165 MR 83-103 VENTURA CO. PARCEL G PARCEL F PARCEL C1 N 196
EXHIBIT C
Lot Line Adjustment Approval
Memorandum East Area 1 Specific Plan
Area
197
198
199
200
201
202
203
204
205
EXHIBIT D
Location and Layout of Proposed
Easement
206
207
EXHIBIT E
Reconfiguration of Existing Tract
5854
208
209
EXHIBIT F
Lot Line Adjustment and Certificate of
Compliance PMW No.536 LLA-21-01
210
NOTICE OF APPROVAL OF LOT LINE ADJUSTMENT
AND
CERTIFICATE OF COMPLIANCE
Lot Line Adjustment Number: PMW NO. 536-LLA-21-01
Number of Parcels:
Prior to Lot Line Adjustment: Two
After Lot Line Adjustment: Two
Assessor’s Parcel Number(s): 107-0-230-215; 107-0-230-225 Approval Date: November 16, 2022
Property Owner(s): Limoneira Lewis Community Builders, LLC; City of Santa Paula This Lot Line Adjustment and waiver of the requirement for preparation of a parcel map pursuant to Section 16.80.560 of the Santa Paula Municipal Code are hereby APPROVED. The resultant parcels, Parcels A and B, are described in Exhibits “A” and “B” attached hereto. The size of the newly created Parcels A and B will remain the same as former Parcels C1 and F at
8.20 acres and 37.14 acres, respectively.
GOVERNMENT CODE SECTION 66499.35(f)(1)(E) NOTICE
This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcels described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval.
FINDINGS
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF SANTA PAULA
970 Ventura Street
Santa Paula, CA 93061
EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code § 6103
211
1. Compliance with the Santa Paula Municipal Code:
The City of Santa Paula hereby certifies that, as of the date of this Certificate, the property described and depicted on Exhibits “A” and “B”, attached hereto, is in compliance with City of Santa Paula Municipal Code Section 16.80.560. This Certificate does not constitute a permit to develop said property, and compliance with other provisions of law relating to land use and construction of improvements may be required prior to issuance of any such permit.
2. Compliance with Subdivision Map Act:
This Lot Line Adjustment complies with Division 2, Chapter 1, Article 1, Section 66412(d) of the Subdivision Map Act because:
1. A greater number of parcels are not created than originally existed;
2. No violations of local building or zoning ordinances will result.
3. Compliance with California Environmental Quality Act:
The Department of Community and Economic Development of the City of Santa Paula has reviewed this project and found it to be categorically exempt pursuant to §15305 of the Guidelines for Implementation of the California Environmental Quality Act, which exempts minor lot line adjustments in areas with an average slope of less than 20% which do not result in any changes in land use or density.
The lot line adjustment shall not be complete until such time as deeds are recorded in the office of the Ventura County Recorder in conformance with the attached Exhibits “A” and “B”, describing and depicting the parcels to result after completion of this lot line adjustment. __________________ __________________
Clete Saunier James Mason
Public Works Director Planning Director
City of Santa Paula City of Santa Paula
cc:
Limoneira Lewis Community Builders, LLC
County of Ventura – Surveyor’s Office
212
213
214
EXHIBIT "A"
PMW NO. 536-LLA-21-01 (LOT LINE ADJUSTMENT)
PARCEL A
Those portions of Parcels Cl and F, per Tract No. 5854, in the City of Santa Paula, County of Ventura, State of California, as shown on the map recorded on December 20, 2017 in Book 165, at Page 83 ofMiscellaneous Records (Maps) in the Office ofthe County Recorder ofsaid County, lying southerly and easterly ofthe following described line; Beginning at the northwesterly terminus ofthe line common to said Parcels Cl and F shown as having a bearing and distance of [ S 63°19'44"E 150.00'] on said map; thence leaving said common line,
ist South 45°19'45" West, a distance of 686.59 feet; thence, 2nd South 03°14'22" East, a distance of 320.23 feet to the southerly line ofsaid Parcel F.
Contains: 8.20 Acres, more or less.
PARCEL B
Those portions of Parcels Cl and F, per Tract No. 5854, in the City of Santa Paula, County of Ventura, State of California, as shown on the map recorded on December 20, 2017 in Book 165, at Page 83 ofMiscellaneous Records (Maps) in the Office ofthe County Recorder ofsaid County, lying northerly and westerly ofthe following described line; Beginning at the northwesterly terminus ofthe line common to said Parcels Cl and F shown as having a bearing and distance of [ 563 019 '44"E 150.00'] on said map; thence leaving said common line,
ist South 45°19'45" West, a distance of 686.59 feet; thence, 2nd South 03°14'22" East, a distance of 320.23 feet to the southerly line ofsaid Parcel F.
Contains: 37.14 Acres, more or less.
The above described parcels of land are delineated on the attached Exhibit B.
4521 Ex A PMW No 536-LLA-21-01 LLA Cl & F.docx
215
IdALAX4itude. 9-/- 2021
William T. Hurdle Date
PLS 5453
4521 Ex A PMW No 536-LLA-21-01 [LA Cl & F.docx
216
EXHIBIT "13"
PMW NO. 536-LLA-21-01 (LOT LINE ADJUSTMENT)
G/L HARVEST
LOOP
41'
PARCEL
A667.p.
LEGEND
c/L CENTERUNE
MR MISCELLANEOUS RECORDS
POB POINT OF BEGINNING
SHEET 2 UNE & CURVE DATA
AREA AND
EASEMENT SCHEDULE
LOT 11
- 3- - -366.02
t480•49'00'
PARGEL B
PARCEL F
TRACT NO. 5854
1 55 .MR 83
LOT B
POINT OF
BEGINNING
LOT LINES
TO MOVE
PROPOSED
LOT LINES
S87.15°10W
100.41
C4
%It
LOT 1
o° 150° 300'
SHEET 1 OF 2
SCALE: 1"=300°
SURVEYOR'S NO-FE
11-1E COURSES AND DISTANCES
SHOWN HEREON REFLECT THE
RECORDED TRACT MAP NO. 5854
(165 MR 83), AND ARE NOT THE
RESULTS OF A HELD SURVEY, OR
MATHEMATICALLY CLOSED BOUNDARY
SURVEY.
G/L HALLOGK
DRIVE
PARCEL
.............
2 .......
SEE DETAIL
ON SHEET 2
LOT
C/L SANTA PAULA
STREET
4oLikuty / 262/
WILLIAM T. HURDLE
PLS 5453
DATE
JENSEN DESIGN & SURVEY, INC. 1672 DONLON STREET, VENTURA, CA 93003 (805) 654-6977 4521 Ex5' PAW No. 5.36-11.01-21-
217
EXHIBIT
PMW NO (LOT
"B" SHEET 2 OF 2
LINE ADJUSTMENT)
0' 30' 60' 120' t(.
TRA,C7 NO SB:54
1 GS N1R 83
PARCEL 3 /
SCALE: 1"=60'
1,1
EASEMENT SCHEDULE
1 E6 /
^ 02
El THE RIGHT TO TAKE, DIVERT, APPROPRIATE OR IN ANY WAY USE THE WATERS OF -ME SANTA PAULA CREEK AND ITS TRIBUTARIES, AS
GRANTED TO SANTA PAULA WATER WORKS, A CORPORATION
RECORDED: APRIL 1, 1892, IN BOOK 36, PAGE 3 OF DEEDS, AND RECORDED: AUGUST 4, 1892, IN BOOK 36, PAGE 497 OF DEEDS - / ' Li THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT PARLi3_ A
E5
4...,
/ /
% ii 1? /
/
/
E2
DISCLOSED OF RECORD.
WATER PIPELINE EASEMENT GRANTED TO THERMAL BELT WATER COMPANY RECORDED MAY 6, 1895 IN BOOK 45, PAGE 226 OF DEEDS - ME EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT
/
/
/
/ / /
DETAIL 2
E3
DISCLOSED OF RECORD.
PUBLIC UTILITY EASEMENT GRANTED TO SOUTHERN CAUFORNIA GAS COMPANY OF CALIFORNIA RECORDED APRIL 1, 1926, IN BOOK 99, PAGE 92 OF OFFICIAL RECORDS - THE EXACT LOCATION AND/OR
NO SCALE
AREA
EXTENT OF SAID EASEMENT IS NOT DISCLOSED IN THE PUBLIC
RECORDS.
ROADWAY EASEMENT GRANTED TO SOUTHERN CAUFORNIA EDISON
EXISTING GROSS AREA: PARCEL Cl PARCEL F
E4 COMPANY RECORDED FEBRUARY 16, 1972, IN BOOK 3920, PAGE 443
8.20 ACRES 37.14 ACRES
PROPOSED GROSS AREA: PARCEL A PARCEL 8
OF OFFICIAL RECORDS - THE EXACT LOCATION AND/OR EXTENT OF SAID EASEMENT IS NOT DISCLOSED IN THE PUBLIC RECORDS.
8.20 ACRES 37.14 ACRES
LINE DATA
E5
E6
PUBLIC PEDESTRIAN ACCESS AND PUBLIC UTILITY EASEMENT IN FAVOR OF THE CITY OF SANTA PAULA PER 165 MR 83
UNDERGROUND ELECTRIC SUPPLY SYSTEMS AND COMMUNICATION
LINE BEARING DISTANCE
SYSTEMS EASEMENT GRANTED TO SOUTHERN CALIFORNIA EDISON
COMPANY RECORDED JULY 26, 2018 PER INSTRUMENT NO.
Li 52655'09W 2.23' 20180726-00085833 OF OMCIAL RECORDS
L2 S6304'51E 15.50'
L3 S2655'09°1/.4 237.96'
L4 S42"15'10W 8.41'
L5 S87'15'10W 55.28'
L6 569.'49'16W 62.60'
L7 N20.10' 44"W 250.00'
L8 SO9'11'00"E 112.00'
L9 S63'19'44E 150.00'
CURVE DATA
CURVE DELTA ANGLE RADIUS ARC LENGTH RADIAL BEARING-IN RADIAL BEARING-OUT Ex8PAIW 536-1.1A-21-01.dNo.
Cl 59'53'52" 251.00' 262.40' S81'54'53"E N3811'15"E
C2 78.43'54" 10.00' 13.74' 538.11.15W N63'04'51W
C3 60.20'01" 47450' 499.66' N63.04'51W NO2'44.50W
C4 4500'00" 3.50' 2.75' SO2'44'50"E 547'4-4'50"E
C5 45.00'00" 3.50' 2.75' N47.44'50W NO2'44'50"W
C6 17.25'54" 517.50' 157.44' SO2'44'50"E S20'10'44E
C7 90.00'00" 24.50' 38.48' N20.10'44W N69'49'16E
C8 851'21" 660.50' 102.09' S69.49'16W S60.57'55"W
C9 10951'05" 704.50' 1350.71' N60"57'55"E 509'11'00"E
010 7831'18" 25.00' 34.26' SO2'17'42"W S80.49.00W
C11 37.10'18" 251.00' 162.84' S4444'35E S8154'53E
JENSEN DESIGN & SURVEY, INC. 1672 DONLON STREET, VENTURA, CA 93003 (805) 654-6977 218
EXHIBIT E
Quitclaim Deed - PMW No. 536-
LLA-21-01 Parcel A
219
RECORDING REQUESTED BY
WHEN RECORDED MAIL THIS DOCUMENT
City of Santa Paula
C/O Lewis Management Corp.
P.O. Box 670, Upland, CA. 91785
AND TAX STATEMENTS TO:
Limoneira Lewis Community Builders, LLC
P.O. Box 670, Upland, CA. 91785-0670
APN(S) 107-0-230-215, 107-0-230-225
Space above this line for Recorder’s use
QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS $0.00, CITY TRANSFER TAX $.00 City of Santa Paula, AND
This Deed is being recorded to perfect Title into Limoneira Lewis Community Builders, pursuant to Lot Line Adjustment recorded as Instrument No. ____________________of official records.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SANTA PAULA, a municipal corporation
do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
LIMONEIRA LEWIS COMMUNITY BUILDERS, LLC, a Delaware limited liability company the following described real property in the City of Santa Paula, County of Ventura, State of CALIFORNIA:
For legal description of the real property herein, see Exhibit A attached hereto and made a part hereof.
Dated:
CITY OF SANTA PAULA, A MUNICIPAL
CORPORATION OF THE STATE OF CALIFORNIA
BY: ______________________________
DAN SINGER, CITY MANAGER
220
221
222
EXHIBIT H
Quitclaim Deed - PMW No. 536-
LLA-21-01 Parcel B
223
224
225
226
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: ACCEPTANCE OF EAST AREA 1 OFFSITE SEWER AND LIFT STATION
AND APPROVAL OF NOTICE OF COMPLETION (HARVEST AT
LIMONEIRA PROJECT)
Date: November 16, 2022
Agenda Item: 10.I
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Accept the East Area 1 offsite sewer and lift station completed by Limoneira Lewis Community Builders, LLC.
2. Authorize staff to execute the Notice of Completion, record the notice with the County Recorder, and make any changes necessary to effectuate the notice.
BACKGROUND:
To process the wastewater generated by the East Area 1 development, Section 3.4.2 of the Specific Plan requires Limoneira Lewis Community Builders, LLC (Limoneira Lewis) to construct a new lift station at 1810 E. Old Hallock Drive and associated sewer infrastructure. A previously existing lift station on Lemonwood drive is still operational, however a much lower flow rate is now directed there, and this existing lift station also serves as backup to the new lift station.
Per the Harvest at Limoneira Off-Site Sewer plan, City Drawing No. 40.35.10 (As Built 9/21/2022), the new offsite sewer infrastructure includes 15” PVC gravity sewer main from East Area 1 at Hallock Drive and Telegraph Road to the new lift station on the south side of State Route 126, an 8” force main which allows flows to cross under Santa Paula Creek to a 15” PVC sewer main constructed in Santa Clara Street and connects to existing sewer main at 12th Street.
ANALYSIS:
The new lift station, along with its offsite sewer infrastructure, is complete and fully operational. It has been in service for over 2 years. Ventura Regional Sanitation District assumed operation of the lift station on behalf of the City on July 14, 2020. Since then, Lewis Limoneira has completed work to close out related permits with Caltrans, Ventura County Watershed Protection District and completed and filed As-Built improvement plans with the City.
227
Based upon an inspection by the City’s land development staff and operations contractor (VRSD), the lift station and related offsite sewer infrastructure is ready for formal acceptance by the City. Staff recommends formal acceptance of the improvements and filing Notice of Completion (Attachment A) with the County Recorder.
STRATEGIC PLAN:
Not applicable.
FISCAL IMPACTS:
The Off-Site Sewer and Lift Station Project was paid for by Limoneira Lewis and the costs were reimbursed through East Area 1 CFD No. 1. Ventura Regional Sanitation District (VRSD) will continue to operate and maintain the station as a part of the City’s sewer enterprise.
Acceptance of the lift station and offsite improvements has no further fiscal impacts to the City outside of routine operations and maintenance.
OPTIONS:
In addition to the recommended action, the Council has the following available alternative option:
1. Decline to accept Staff's recommendation. However, doing so would result in delays to the Harvest project and additional administrative and project management costs to Limoneira Lewis.
ATTACHMENTS:
Exhibit A Notice-of-Completion - Sewer Lift Station.pdf 228
Name
Street
Address
City &
State
SPACE ABOVE THIS LINE FOR RECORDERS USE
NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
_________________________________________________________________________________ (e.g. fee, leasehold, joint tenancy, etc.)
2. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are:
Name Street and No. City State
__________________________________________________________________________________________________________ __________________________________________________________________________________________________________
3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________
4. This notice is given for (check one):
Completion of the work of improvement as a whole.
Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).
5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is:
___________________________________________________________________________________________________________
6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________
7. On the ____________ day of ___________, 20___, there was completed upon the herein described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
___________________________________________________________________________________________________________
8. The real property herein referred to is situated in the City of __________________________, County of ________________________ State of California, and is described as follows:
___________________________________________________________________________________________________________
9. The street address of said property is:
___________________________________________________________________________________________________________
10. If this Notice of Completion is signed by the owner’s successor in interest, the name and address of the successor’s transferor is:
___________________________________________________________________________________________________________ I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: _______________________________________ By: ________________________________________________________ Signature of Owner of Owner’s Authorized Agent
________________________________________________________ © Porter Law Group, Inc. 2013 Print Name
Recording Requested By:
When Recorded Mail To:
229
VERIFICATION
I, _________________________________________________, state: I am the ___________________________________ (“Owner”, “President”, “Authorized Agent”, “Partner”, etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on _______________________, _______ (date), at _____________________________________________________ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agent
PROOF OF SERVICE DECLARATION
I, _____________________________________________________________, declare that I served copies of the above NOTICE OF COMPLETION, (check appropriate box):
a. By personally delivering copies to _______________________________________________________ (name(s) and title(s) of person served) at __________________________________________________________________________ (address), on_____________________________________, __________ (date), at _______________________, _________.m. (time) b. By Registered or Certified Mail, Express Mail or Overnight Delivery by an express service carrier, addressed to each of the parties at the address shown above on __________________________________, ______________ (date). c. By leaving the notice and mailing a copy in the manner provided in § 415.20 of the California Code of Civil Procedure for service of Summons and Complaint in a Civil Action.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on _______________________, _______ (date), at _____________________________________________________ (City), ________ (State). _____________________________________________________________ (Signature of Person Making Service)
STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _________________________________________, ________ (date), before me, ____________________________________________, Notary Public (name and title of officer) personally appeared __________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 230
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: HEARING, WAIVER OF FIRST READING, AND INTRODUCTION OF ORDINANCE NO. 1325 TO GRANT NATURAL GAS FRANCHISE TO
CARBON CALIFORNIA MIDSTREAM, LLC
Date: November 16, 2022
Agenda Item: 11.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council proceed to grant a franchise to Carbon California Midstream, LLC for an indeterminate term by taking the following actions:
1. Conduct a hearing as to whether to grant a natural gas franchise, as set forth in the draft Ordinance No. 1325, to Carbon California Midstream, LLC;
2. Direct the City Clerk to announce if any written protests were filed with the Clerk up to the hour set for public hearing;
3. If such protests were filed, determine whether or not to overrule the protests as insufficient grounds to deny the grant of franchise; and
4. If protests have been overruled or no protests were received, waive the first reading and introduce by title only Ordinance No. 1325 entitled "Ordinance to Grant Natural Gas Franchise to Carbon California, Midstream, LLC."
Presented by: Clete J. Saunier, Public Works Director
BACKGROUND:
At its October 19, 2022, meeting, the City Council, upon the application of Carbon California Midstream, LLC, adopted a Resolution of Intent to grant a franchise to Carbon California Midstream, LLC as set forth therein, and the instant hearing was set and noticed as set forth therein and as required by the applicable statutory authority under section 6201 et seq. of the Public Utilities Code (the “Act”).
ANALYSIS:
As required by the Act, the instant hearing is convened for the following purpose:
At any time not later than the hour set for the hearing of objections, any person interested may make written protest stating objections against the granting of the franchise. The protest shall be signed by the protestant and be delivered to the clerk of the legislative body. At the time set for hearing objections the legislative body shall proceed to hear and pass upon all protests so 231
made and its decision shall be final and conclusive, subject to the right of referendum of the people. The legislative body may adjourn the hearing from time to time.
If no protest in writing is delivered to the clerk up to the hour set for hearing, or such protests as are filed have been heard and determined by the legislative body to be insufficient, or have been overruled or denied, the legislative body may grant the franchise. The franchise shall be granted by ordinance adopted in the manner prescribed by law for the enactment of ordinances by the granting body.
As set forth in the accompanying draft ordinance, the franchisee proposes to continue its predecessor in interest’s longstanding use of a natural gas pipeline traversing the city from the Sulpher Crest metering facility, in upper Santa Paula, through the City of Santa Paula to the CalNRG custody transfer station at the 12th Street Bridge. Voluminous risk management and safety conditions are addressed in the accompanying draft ordinance in a manner consistent with the City’s historic dealings with franchisees so as to protect the public interest. City staff have commenced to investigate that potential franchisee’s suitability and will present at the hearing its opinion on such matters, and City staff anticipates that a representative of the potential franchisee will be in attendance to address the City Council as well.
STRATEGIC PLAN:
Not Applicable
FISCAL IMPACTS:
As the franchisee proposes to transmit unrefined natural gas that will not be in a form used for light, heat, power, or feedstock at the time it is transmitted, pursuant to subd. (e) of section 6231.5 of the Act, the franchisee proposes to pay an agreed-to annual franchise fee presently computed at $6,355.60 per year and increasing annually thereafter consistent with increases in the applicable Consumer Price Index. This agreed-upon fee exceeds the statutory default fee, which is 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.
OPTIONS:
As an alternative to Staff's recommendation, the City Council may:
1. Decline to introduce Ordinance No. 1325; and/or
2. Direct staff to take other action.
ATTACHMENTS:
EXHIBIT A Draft Ordinance-Carbon Midstream Franchise.pdf 232
EXHIBIT A
Ordinance No. 1325 to Grant Natural Gas Franchise
to Carbon Californa Midstream, LLC
233
1 ORDINANCE NO. 1325
AN ORDINANCE TO GRANT NATURAL GAS
FRANCHISE TO CARBON CALIFORNIA MIDSTREAM,
LLC
The City Council of the City of Santa Paula does ordain as follows:
SECTION 1: The City Council finds and determines as follows:
A. The City of Santa Paula (“City”) received an application from Carbon California Midstream, LLC (“Franchisee”) for a franchise to lay and use pipes and appurtenances for transmitting and distributing natural gas from the Sulpher Crest metering facility in upper Santa Paula through the City of Santa Paula to the CalNRG 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 (the “Franchise”).
B. In accordance with state law, the City Council, at a regular meeting held on October 19, 2022, declared its intention to consider approving the Franchise by adopting Resolution No. 7426.
C. The City Council also conducted a duly noticed public hearing on November 16, 2022, and after considering all oral and written testimony at said hearing, approved the granting of this franchise agreement to Franchisee in accordance with the terms and conditions of this Ordinance.
SECTION 2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter.
A. “City” or “Grantor” means the City of Santa Paula, a general law city and municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
B. “Director” means the Director of Public Works of the City.
C. “Engineer” means the City Engineer of the City, or designee.
D. “Facilities” means “Pipes and Appurtenances” as defined below.
E. “Franchise” means this Ordinance, including its terms and conditions, and includes the authorization by the City to transmit and distribute gas or industrial gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places in the City by means of pipes and appurtenances as set forth in Exhibit A.
234
2 F. “Grantee” means Carbon California Midstream, LLC, a limited liability company organized and existing under and by virtue of the laws of the State of Delaware, and its lawful successors or assigns.
G. “Hazardous Materials” means any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, local law or regulation or which, even if not so regulated, may or could pose a hazard to public health and safety, including, without limitation, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as “hazardous substances” or “toxic substances” or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (Gov’t. Code §§ 66700 et seq.); the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §§ 1801 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.); California Health & Safety Code §§ 25117 or 25316, including the regulations promulgated thereto (see 22 Cal. Code of Regs. § 66261.3); any substances or mixture regulated under the Toxic Substance Control Act of 1976 (15 U.S.C. §§ 2601 et seq.); any “toxic pollutant” under the Clean Water Act (33 U.S.C. §§ 1251 et seq.); and any hazardous air pollutant under the Clean Air Act (42 U.S.C. §§ 7901 et seq.).
H. “Lay and use” means to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove.
I. “Gas or industrial gas” means any substance which is in a gaseous state at ambient conditions of temperature and pressure used for commercial, industrial, or scientific purposes, and any gaseous hydrocarbon used for light, heat, power, or feedstock.
J. “Pipes and appurtenances” means pipes, pipelines, manholes, valves, appurtenances and service connections necessary or convenient for the operation of said pipes or pipelines, including conduits, cathodic protection devices, wires, cables, other appurtenances and fiber optic communications systems necessary or convenient for the exercise of the Grantee’s business in, upon, along, across, under or over those streets of the City which are described in the attached Exhibit “A” which is incorporated by reference.
K. “SPMC” means the Santa Paula Municipal Code, as amended.
L. “Streets” means the public streets, ways, alleys and places within the City as the same now or may hereafter exist, and in which the City has the authority to grant a Franchise.
235
3 SECTION 3: Granting clause/Rights to Grantee; Term of Franchise.
A. Pursuant to, and subject to, the Franchise Act of 1937 (California Public Utilities Code §§ 6201-6302; “Act”), City grants to Grantee a franchise to use, or to lay and use pipes and appurtenances for transmitting and distributing gas and industrial gas for any and all purposes, under, along, across or upon the public streets within the City as described in Exhibit “A” and incorporated by reference.
B. As part of this Franchise, Grantee may install, operate, maintain, replace, repair, abandon in place and/or remove such scraper traps, manholes, flanges, conduits, culverts, vaults, valves, appliances, cathodic protection systems, attachments and other appurtenances (collectively, “appurtenances”) as may be necessary or convenient for the proper maintenance and operation of the pipelines under this franchise; provided, however, that Grantee must first secure the requisite permits and/or approvals from City for construction or excavation.
C. This franchise is granted in lieu of all other franchises for pipelines held by the Grantee, or by any predecessor of the Grantee, for transmitting and distributing gas or natural gas products within the City’s present or future jurisdictional limits.
Acceptance of this franchise constitutes Grantee’s abandonment of all such franchises within the City’s present or future jurisdictional limits in lieu of which this franchise is granted, and as Grantee’s agreement to comply with all of the Franchise’s terms and conditions.
D. This Franchise has an indeterminate term, commencing for an initial term of ten (10) years from and after the effective date of this Ordinance (“initial term”), and continuing from decade (10 years) to decade (10 years) thereafter (each, a “renewal term”), unless the following occurs:
1. Grantee voluntarily surrenders or abandons the Franchise; or
2. The property affected by this Franchise is purchased, condemned, or otherwise taken by a public entity rendering the Franchise useless; or
3. The Grantee forfeits the Franchise by violating its terms and conditions or that of the Act; or
4. The City tenders notice prior to the commencement of the subsequent renewal term of its intent to terminate the Franchise upon the conclusion of the current initial term or renewal term.
236
4 SECTION 4: Compensation. In consideration of City’s granting this Franchise, in addition to complying with the Franchise’s terms and conditions, Grantee must pay to the City the following:
A. Base Annual Fee.
1. During the term of this Franchise, Grantee agrees to pay the City an agreed base annual fee for this Franchise as set forth in § 6231.5 of the Act, which the Parties stipulate is $6,355.60 per year and subject to increase each year at the maximum rate authorized by the Act as further set forth herein. The Franchise fee will be prorated for the remainder of the calendar year based on a 360-day year. This rate is computed as follows:
6 Inches
14,133
$0.30/ft
$4,239.90 (Act as adopted)
$6,355.60 (Act as of on or about 2022)
Grantee represents and warrants that such fee shall at all times shall such fee exceed 2 percent of the Grantee’s gross annual receipts arising from the use, operation, or possession of the Franchise and not less than 1 percent of the Grantee’s gross annual receipts derived from the sale within the limits of the municipality of the utility service for which the Franchise is awarded, and that should such representation prove inaccurate and such warranty be breached Grantee shall immediately upon demand pay City the difference. Grantee shall furnish City upon demand all documentation City reasonably requests to verify compliance with the foregoing.
2. Should Grantee partially abandon pipelines or should Grantee partially remove such pipelines, payments otherwise due the City for occupancy of the streets by such pipelines will be reduced by the length and diameter of pipeline abandoned or the actual pipeline removed, beginning with the first day of the next succeeding Franchise year, and for each subsequent franchise year. The base rate, however, will be modified to reflect the increase (as provided below) applicable to such abandoned or removed pipeline at the beginning of the next succeeding Franchise year following abandonment or removal.
3. The base annual fee is due and payable annually on January 2, during the term of the Franchise, without demand and upon filing of the report required by this Section. Any fees or expenses charged to Grantee by City pursuant to this Section, or any other provision of this Franchise, unless disputed in good faith, must be paid when due or are deemed delinquent.
Any undisputed delinquent amounts will accrue interest commencing thirty (30) days after the due date, at the rate of one and one-half percent 237
5 (1.5%) per month (based upon a 30-day calendar month) or any lesser amount if required by law. Any neglect, omission or refusal by Grantee to pay any undisputed delinquent fee with any late charges, within thirty (30) days of delinquency is grounds for the City to declare the Franchise forfeit.
4. Payments must be made to the Finance Department, City of Santa Paula, or at such place as the City may, from time to time, designate in writing.
The base annual fee must be paid annually during the term of the Franchise, including the year of granting the Franchise.
B. Annual Increase.
1. The amount of each annual payment of the base annual fee is subject to an increase after the first year of the Franchise and each subsequent year during the term of this Franchise, based on § 6231.5 of the Act, as amended.
2. The increase is based on the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles/Long Beach/Anaheim area (1982-84 = 100), as published by the United States Bureau of Labor Statistics, Department of Labor, for the month of September immediately preceding the month in which payment is due and payable, divided by the Consumer Price Index, All Urban Consumers, for the Los Angeles/Long Beach/Anaheim area, for the month of September, 2022, which equals 268.32. If the Index is discontinued or revised during the term of this Franchise, such other governmental price index or computation with which it is replaced chosen by the City will be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised.
3. The City will determine the adjustment in CPI and will provide the Grantee with the correct schedule before December 1 preceding the month of January in which payment is due and payable.
C. Reports Required.
1. The Grantee must file with the City Clerk and City’s Finance Director, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this Franchise and within three months after the expiration of each calendar year thereafter, two copies of a report duly verified by the oath of the Grantee or by the oath of a duly authorized representative of the Grantee, showing for the immediately preceding franchise period:
(a) The length of pipelines in lineal feet covered by this Franchise; 238
6 (b) The nominal internal diameter of such pipelines expressed in inches;
(c) The rate per foot per year; and
(d) The total amount due the City.
SECTION 5: Rights of the City.
A. This Franchise does not impair or affect any right of the City to acquire the property of the Grantee, either by purchase or through the exercise of the right of eminent domain, subject to Grantee’s rights, remedies and defenses, and nothing in this Franchise may be construed to contract away, or to modify or to abridge, either for a term or in perpetuity, the City’s right of eminent domain in respect to the Grantee, nor will this Franchise be given any value before any court or other public authority in any proceeding of any character in excess of the necessary publication costs and any other sums paid by Grantee to the City at the time this Franchise was acquired.
B. In connection with any change in grade, alignment or width of any public street, way, alley or place (“the Streets”), or the construction of any subway or viaduct, or any other street improvement of any kind by the City, where Grantee’s rights to occupy the Streets do not supersede the City’s rights, Grantee must, at the City’s direction and at Grantee’s sole cost and expense, comply with all of the following provisions, as applicable:
1. Within ninety (90) days after Grantee receives written notice from the City that work is to be done pursuant to any reserved right and specifying the general nature of the work and the area in which the same is to be performed, the Grantee must commence to do all things necessary to protect and support its franchise property during the progress of such work. If so ordered by the City, Grantee must relocate those pipes and appurtenances installed, used and maintained within the street to such extent, in such manner, and for such period as is necessary to permit the performance of such work in an economical manner, and to permit the maintenance, operation and use of such street improvement.
2. Grantee must pay to the City the full amount of any increase in cost for the construction, installation or repair of any bridge, or any artificial support in or underlying any street in which any pipes or appurtenances of the Grantee are located, if such increase in cost is required in order to provide for the installation, maintenance or operation of Grantee’s pipes or appurtenances in or on the street area which the bridge or other artificial support covers or underlies.
3. Grantee must cooperate with the City to take all actions reasonably necessary in order to accomplish the completion of any City street improvement project within a reasonable period of time. After Grantee 239
7 receives written notice from the City that work is to be done, the Grantee must diligently prosecute such work to completion.
4. In the decision process necessary to determine if Grantee’s pipelines and/or appurtenances are required to be relocated, the City will also consider all known future projects that, if done separately, may cause multiple relocation of the pipelines and/or appurtenances. If such known future projects can be identified, full consideration of concurrent projects will be given by City. If the City requires the relocation within the public street, way, alley or place more than once within a period of ten (10) years, the City will pay the cost of the second and all subsequent relocations within such ten (10) year period.
5. In the event that the City changes the planned rearrangement of pipelines, or the notice given to Grantee, the Grantee will be given an additional period of not less than sixty (60) days to accomplish such work. When Grantee’s rights to occupy the Streets predate or supersede the City’s rights, such relocations will be performed by Grantee as set forth above with the costs reimbursed to Grantee by City.
6. Except as otherwise provided above, when City requires a rearrangement of Grantee’s facilities and such rearrangement is done for the accommodation of any person, firm, corporation or public agency other than the City, the cost of such rearrangement will be borne by the accommodated party. Such accommodated party, in advance of such rearrangement, must (a) deposit with the Grantee either cash or a corporate surety bond in an amount, as in the reasonable discretion of the Grantee, to pay the costs of such rearrangement, and (b) execute an instrument agreeing to indemnify, defend and hold harmless Grantee from any and all damages or claims caused by such rearrangement. This provision will not be construed to require Grantee to rearrange its facilities. Any accommodation for rearrangement of Grantee’s facilities will be made at the Grantee’s sole discretion.
7. Nothing in this Agreement may be construed to require the City to move, alter, or relocate any of its pipelines upon public streets at its own expense, for the convenience, accommodation or necessity of any other public utility, person, firm or corporation, now or hereafter owning a public utility system of any type or nature, or to move, alter, or relocate any part of its pipelines upon said streets for the convenience, accommodation or necessity of the Grantee.
SECTION 6: Other obligations of Grantee; Indemnification. The Grantee must comply with all of the following provisions:
A. Within sixty (60) days after the City Council adopts this Ordinance, Grantee must file with the Director improvement plans relating to all of Grantee’s facilities 240
8 located within the City, and a map or maps showing the location, length and size of all such facilities which have been installed, relocated, removed or abandoned by Grantee.
B. Within six (6) months after the installation of any new pipelines under this franchise, Grantee must file with the Director an “as built” map or maps showing the approximate location, length and size of all of Grantee’s pipelines so installed.
C. Grantee must construct, install and maintain all pipes and appurtenances in a good and workmanlike manner, and of good materials, and operate in conformity with all applicable federal, state, and local laws including, without limitation, the Santa Paula Municipal Code. In case of public utilities subject to the jurisdiction of the Public Utilities Commission of the State of California, the rules, regulations and orders of the Public Utilities Commission will govern whenever any conflict may exist between them and the applicable ordinances, codes, rules and regulations adopted or prescribed by the City. To the extent required by applicable law, the Grantee must obtain and maintain a permit from the Ventura County Fire Department to construct, install, use, operate, repair or modify a pipeline for the transportation of flammable or combustible liquids.
D. Grantee must pay the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this Franchise, provided Grantee fails to make such repairs after notice and reasonable opportunity to complete such repairs.
E. Grantee agrees to indemnify, defend and hold harmless the City, its elected and appointed officials, officers, and employees, from and against any and all claims, losses, liabilities, damages to persons or property, demands, actions, judgments, causes of action, assessments, penalties, costs and expenses (including, without limitation, reasonable fees of legal counsel, expert witnesses and accountants) arising out of or resulting from Grantee’s operations under this franchise, except to the extent caused by City’s sole active negligence, and for all damages proximately resulting from the failure of Grantee to faithfully observe and perform each and every provision of this franchise and of the Act. Grantee is solely responsible for complying with all laws, regulations, and other orders which are applicable to the installation, repair, relocation or removal of its facilities, whether federal, state or local. City’s approval of such installation, repair, relocation or removal will not relieve Grantee of any liability Grantee may have for contaminated soils or other environmental liability attributable to or arising from Grantee’s pipes, appurtenances and other facilities. Any fee paid by Grantee pursuant to this Agreement will in no way limit Grantee’s obligation to compensate City for any damage, claim, expense or loss whatsoever, as set forth in this paragraph.
F. In addition, Grantee indemnifies and holds the City harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney’s fees and penalties), injuries, or liability, arising out of this Agreement, 241
9 or its performance including, without limitation, damages or penalties arising from Grantee’s removal, remediation, response or other plan concerning any Hazardous Materials resulting in the release of any hazardous substance into the environment. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, Grantee will defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise.
1. The foregoing indemnity is intended to operate as an agreement pursuant to 42 USC § 9607(e) (the Comprehensive Environmental Response, Compensation and Liability Act; “CERCLA”) and Health and Safety Code § 25364 to defend, protect, hold harmless, and indemnify the City from all forms of liability under CERCLA, or other applicable law, for any and all matters addressed in this Franchise.
G. In no event will Grantee’s indemnity obligation under this Franchise include indemnification for the City’s gross negligence or willful misconduct.
SECTION 7: INSURANCE.
A. Before commencing performance under this Franchise, and at all other times this Agreement is effective, Grantee must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial general liability: $2,000,000
Workers compensation Statutory requirement.
B. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
C. Grantee will furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating 242
10 equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage.
Grantee will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
D. Should Grantee, for any reason, fail to obtain and maintain the insurance required by this Agreement, the City may obtain such coverage at Grantee’s expense or terminate this Franchise.
E. Grantee must deliver to City, in the manner provided for notices, copies or endorsements of all insurance certificates and endorsements required by this Ordinance, within the following time limits:
1. For insurance required at commencement of this Ordinance, within thirty (30) days after this Ordinance becomes effective;
2. For insurance becoming required at a later date, at least ten (10) days before the requirement becomes effective, or as soon thereafter the requirement, if new, becomes effective; and
3. For any renewal or replacement of a policy already in existence, at least twenty (20) days after expiration or other termination of the existing policy.
F. Notwithstanding anything to the contrary, Grantee may provide a program of selfinsurance provided it can demonstrate that it had a net worth of $10,000,000.00 within the preceding year. The City, at its sole discretion, may allow Grantee to self-insure provided the self-insurance program complies with the provisions and specified limits contained herein, and is approved by the City Manager and City Attorney. If such approval for self-insurance is granted, the City will be precluded from exercising the remedies afforded to it pursuant to subsection D of this Section 7.
SECTION 8: PRESENCE OF HAZARDOUS MATERIALS. Except as otherwise provided below, Grantee may not or permit any Hazardous Materials to be discharged or released in, under, or about the streets or adjacent properties at any time. Grantee must, at its expense, procure, maintain in effect and comply with all conditions of any and all applicable permits, licenses, and other governmental and regulatory approvals required of Grantee for Grantee’s use of the streets or adjacent properties. Upon expiration or earlier termination of the franchise term, Grantee must cause all Hazardous Materials released by Grantee in or under the Streets or adjacent properties, if any, to be removed from the streets or adjacent properties in accordance with and in compliance with all applicable laws. Grantee may not take any remedial action in response to the presence of any Hazardous Materials in or about the streets or adjacent properties, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any Hazardous Materials in any way connected with the streets 243
11 or adjacent properties, without first notifying City of Grantee’s intention to do so and affording City ample opportunity to appear, intervene or otherwise appropriately assess and protect City’s interests.
SECTION 9: NOTICE TO GRANTOR. Grantee must immediately notify City in writing of (i) any enforcement, cleanup, removal or other governmental or regulatory action instituted, completed or threatened pursuant to any applicable laws relative to the streets or adjacent properties; (ii) any claim made or threatened by any person against Grantee or the streets or adjacent properties relating to damage, contribution, cost recovery compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (iii) any reports made to any governmental agency arising out of or in connection with any Hazardous Materials in or removed from the streets or adjacent properties, including any complaints, warnings or asserted violations in connection therewith. Grantee must also supply to City as promptly as possible copies of all claims, reports, complaints, notices, warnings or asserted violations, relating in any way to the streets or adjacent properties, or Grantee’s use of the streets. Grantee must promptly deliver to City copies of manifests reflecting the legal and proper disposal of all Hazardous Materials removed by the Grantee from the streets or adjacent properties.
SECTION 10: Assignability. Grantee may sell, transfer or assign this Franchise or any interest therein directly or indirectly, or any of the rights or privileges hereby granted, with the City’s prior written consent, which will not be unreasonably withheld. Notwithstanding the above statement, Grantee may transfer or assign this Franchise to any parent, subsidiary or affiliate without obtaining the consent of City, provided Grantee provides written notification within thirty (30) days of said transfer or assignment and submits written evidence of the same, including a certification executed by a duly authorized officer of the Grantee. Upon compliance with the foregoing, this Franchise will be binding on the successors and assigns of the parties hereto, and inure to the benefit of the successors and assigns of the parties hereto.
SECTION 11: Excavations.
A. Grantee must obtain an excavation permit in accordance with the SPMC, and pay the applicable fee therefor, before commencing any excavation in any street or public right of way, or before disturbing the earth beneath the surface of the street, except in the case of an emergency. Before any excavation permit is issued for the construction or installation of a pipeline for the transmission of flammable or combustible liquids, gases or hazardous materials, Grantee must obtain the applicable permits from the City. If the proposed location of the excavation does not, or will not, unreasonably interfere with the use of the streets by the City, and complies with all applicable laws, the Public Works Director will issue the appropriate permit(s).
B. Where it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, such work, where deemed by Grantee in its sole discretion to be a safe method of installation, as well as practicable and economically feasible, may be done by a tunnel or bore so as not to disturb the foundation of such paved or macadamized street. If the same cannot be done, or if 244
12 it is necessary to cut the street in order to access existing pipes and appurtenances, such work will be done pursuant to an excavation permit.
C. All work is subject to the City’s inspection. All street coverings or openings, valves, vaults and manholes must at all times be kept flush with the surface of the streets; provided, however, that vents for underground vaults and manholes as well as cathodic protection devices, including pole-mounted rectifiers may, subject to the City’s prior approval, extend above the surface of the streets when such vents and cathodic protection devices, including pole-mounted rectifiers, are located in parkways, between the curb and the property line. The Grantee must provide adequate traffic safety barriers, signs, devices and traffic safety warning equipment in accordance with the SPMC and comply with such additional safety measures as the City may direct.
D. In emergencies, Grantee may commence excavation of streets without prior permit; provided, however, Grantee acts in a reasonable and diligent manner as soon as practicable after the onset of said emergency to obtain a permit authorizing such work. In the event of a conflict between this subsection and the SPMC governing emergency work, the SPMC shall control.
E. Grantee acknowledges that the City’s records may not be complete and that pipes and appurtenances previously unknown to City are frequently discovered.
Consequently, by granting this franchise or by approving any excavation permit requested by Grantee, the City does not warrant the accuracy of information supplied to the Grantee by the City regarding the location or existence of other facilities. Nothing herein will make the City, or any officer, agent or employee of the City, responsible or liable to the Grantee or to any other person by virtue of the City’s approval of excavation permit plans, regardless of whether any information is supplied by the City to the Grantee pertaining to the location of existing pipes, facilities or other improvements on, in or under any street or other public property.
SECTION 12: Grantee’s Emergency Response Plan; Pipeline Accidents A. The Grantee must develop and maintain an emergency response plan, reasonably satisfactory to the City, which covers all franchise operations within the City. In general, an emergency response plan meeting the requirements of Federal and State law and containing the information contained in this section is acceptable.
The emergency response plan must include a 24-hour notification program and proof of arrangements capable of providing emergency response services, including without limitation to traffic control, street excavation pipeline repair, and supplies and services as necessary, within two (2) hours of notification of any problem, and such other information as the City may reasonably require. Repairs to a public street, alley or parkway must be completed within 72 hours of Grantee completing repairs to its facilities and clean up of any materials released from its facilities, if reasonably possible, unless otherwise authorized by the City. The City must be notified ten (10) days in advance of any proposed change in such 245
13 arrangements. Any changes in or revisions to Grantee’s emergency response plan must be submitted to the City on the first working day of the subsequent calendar year.
B. Whenever any pipeline or appurtenance breaks or leaks so as to cause the release of products into or under the public right-of-way, Grantee, and any other person using or controlling the pipeline or appurtenance, must immediately notify the City’s Police Department and Public Works Department and implement precautionary safety measures including traffic control, system shutdown, valve closures, and public notification. In the event of an emergency which threatens life, health, safety, or property, and where it is not possible to obtain an excavation permit before commencing the work, the Grantee may commence such work; provided, however, that no later than the first working day thereafter the Grantee must apply for an excavation permit. Adequate traffic safety barriers must be maintained at all times, and any damaged portion of the street must be restored to at least the condition that existed immediately before the damage.
C. If any portion of any City street is damaged by reason of defects, breaks or leaks in any of the pipes and appurtenances maintained or constructed by Grantee, or by reason of any other cause attributable to or arising from the operation of any pipes and appurtenances constructed or maintained by Grantee, the Grantee must, at its sole cost and expense, immediately repair all damage and restore the street to the condition existing before such damage occurred. All such work must be done under the City’s direction, and to the City’s reasonable satisfaction. Grantee must repair such damage and restore the street within three (3) working days after receiving a written demand from the City or such other reasonable period as the Director may authorize when required for the protection of the public health and safety.
D. Should Grantee, after reasonable notice, fail or refuse to pave, surface, grade, repave, resurface or regrade any damaged street as required by the provisions of this franchise, the City may cause the work to be done after written notice is given to Grantee and will keep an itemized account of all costs incurred. The Grantee agrees to, and must, reimburse the City for all such costs, including reasonable administrative overhead expenses, within thirty (30) days after presentation to Grantee of an itemized account of such costs.
SECTION 13: Abandonment. Should Grantee abandon all or any part of the pipes and appurtenances which encompass this Franchise, such abandonment must be accomplished by Grantee as required by the State of California Pipeline Safety Act, or other governing State or Federal laws or statutes. Grantee will not owe the City any compensation for the privilege of said abandonment. The ownership of all franchised property so abandoned in place, immediately vest in the City except that Grantee will retain all liability for the installation or construction of those facilities, and any liability for Hazardous Materials, as those liabilities exist as of the date of the Abandonment.
SECTION 14: Default.
246
14 A. Effect of Default. Should Grantee default in the performance of any of the terms, covenants and conditions herein, and such default is curable, the City may give written notice to Grantee of such default. Should Grantee not commence the work necessary to cure such default within sixty (60) days after such notice is received by Grantee, or prosecute such work diligently to completion, the City may declare this Franchise forfeited. Upon giving written notice of forfeiture to Grantee, this Franchise will terminate and Grantee’s rights Grantee will terminate. Should the Franchise be forfeited, Grantee must execute an instrument of surrender and deliver same to City. In the event of noncompliance by the Grantee with any of these conditions, the City may, in addition to all other remedies, bring suit for the forfeiture or termination of this Franchise.
B. Force Majeure. Should Grantee’s performance of this Franchise be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then Grantee will not be deemed to be in default or forfeit its Franchise rights if it commences and prosecutes performance with all due diligence and promptness upon being able to do so.
C. Cumulative Remedies. No provision of this Franchise for enforcing the terms and conditions of this Franchise is an exclusive remedy or procedure for enforcement.
These remedies and procedures are in addition to those provided by law and are cumulative.
SECTION 15: INTENTIONALLY DELETED.
SECTION 16: Notice.
Any notice required to be given under the terms of this Franchise, the manner of services of which is not specifically provided for here, may be served to the following identified addresses, or to such other address as may from time to time be furnished in writing by one party to the other, and by depositing said notice in the United States mail, postage prepaid. When the services of any such notice is made by mail, the time such notice will begin with and run from, is the date of deposit of the same in the United States mail.
Upon City: City of Santa Paula
Public Works Department
Attn.: Director of Public Works
970 Ventura Street/P.O. Box 569
Santa Paula, CA 93060
Upon Grantee: Carbon California Midstream, LLC
Attn: Vice President, Land and Regulatory Affairs
270 Quail Court, Suite B,
Santa Paula, California 93060
247
15 SECTION 17: Grantee’s Acceptance of Franchise. Except as otherwise stated herein, Grantee must within thirty (30) days after this Franchise is adopted, file with the officers of the City designated herein the following instruments or documents:
A. File with the City Clerk Grantee’s written acceptance of the terms and conditions of this ordinance.
B. File with the City Clerk certified copies of the policies of liability insurance and workers’ compensation insurance, or, in lieu thereof, certificates evidencing such insurance, which policies must be in accordance with the terms and conditions of this ordinance. Notwithstanding anything to the contrary, Grantee may provide a program of self-insurance provided it can demonstrate that it had a net worth of $10 million within the preceding year. The City, at its sole discretion, may allow Grantee to self-insure provided the self-insurance program complies with the provision and specified limits contained herein, and is approved by the City Administrator and City Attorney.
C. File with the City Clerk, within ten (10) business days after the City Council adopts and passes the ordinance granting this franchise and thereafter at all times during the life of the Franchise keep on file with the City Clerk, a bond issued by an admitted surety insurer, and in a form approved by the City Attorney, in the penal sum of One Hundred Thousand Dollars ($100,000), conditioned that the Grantee will well and truly observe, fulfill, and perform each condition of the Franchise and that in case of any breach of condition of the bond, the whole amount of the penal sum therein specified will be recoverable from the principal and surety upon said bond. If said bond is not filed, or if it does not receive the approval of the City Attorney, the Franchise may be revoked or forfeited and any money paid to the City in connection therewith will be retained by the City.
SECTION 18: Reimbursement for City’s posting and publication expenses. The Grantee will pay the City a sum of money sufficient to reimburse the City for all posting and publication expenses incurred in connection with the granting of this Franchise. Such payment must be made by Grantee within thirty (30) days after the City provides to the Grantee a written statement of such expenses.
SECTION 19: Venue. The Parties agree that all actions or proceedings arising in connection with the ordinance will be tried and litigated in the State courts located in the County of Ventura, State of California. The Parties intend that this choice of venue be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Ordinance in any jurisdiction other than that specified in this Section. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this Section, and stipulates that the State courts located in the County of Ventura, State of California have in person jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. 248
16 SECTION 20: No Waiver. Grantee is not excused from complying with any of the terms and conditions of this Ordinance by any failure of the City upon any one (1) or more occasions to insist upon or to seek compliance with any such terms or conditions. No City waiver of any provision or consent to any action constitutes a waiver of any other provision or consent to any other action, whether or not similar. No waiver or consent constitutes a continuing waiver or consent or commit a party to provide a waiver in the future except to the extent specifically set forth in writing. Any waiver given by a party will be null and void if the party requesting such waiver has not provided full and complete disclosure of all material facts relevant to the waiver requested.
SECTION 21: Binding Effect. Each and all of the provisions hereof are binding on and inure to the benefit of the Parties and their respective heirs, successors, and permitted transferees and assigns.
SECTION 22: Amendment. No amendment, modification, or supplement to this ordinance is binding on any of the parties unless it is in writing, signed by the parties, and approved through legislative action.
SECTION 23: Entire Agreement. This ordinance constitutes the entire agreement between the parties with regard to this subject matter. This ordinance supersedes all previous agreements between or among the parties. There are no agreements, representations, or warranties between or among the parties other than those set forth in this Agreement or the documents and agreements referred to in this agreement.
SECTION 24: Construction. Each party has been represented by counsel in the negotiation and execution of this ordinance. The terms of this ordinance were negotiated by the Parties and the language used in this Franchise is deemed to be the language chosen by the Parties to express their mutual intent. This Franchise will be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in the favor of the party receiving a particular benefit under this Agreement. No rule or strict construction will be applied against any Person.
SECTION 25: Miscellaneous Provisions.
A. Captions. The captions here are for convenience and reference only, and are not part of this Franchise, and do not in any way limit, define or amplify the terms and provisions hereof.
B. Governing Law. This Franchise has been made and will be construed and interpreted in accordance with the laws of the State of California.
C. Execution. The Mayor of the City will approve and sign and the City Clerk will attest to the passage of this Ordinance. This Ordinance will take effect thirty (30) days from the date of its adoption.
SECTION 26: Repeal of any provision of the Santa Paula Municipal Code will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed 249
17 part will remain in full force and effect for sustaining action of prosecuting violations occurring before the effective date of this Ordinance.
SECTION 27: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 28: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Santa Paula’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 29: This Ordinance becomes effective thirty (30) days after adoption.
PASSED, APPROVED, AND ADOPTED this ___________ day of _____________, 2022.
Jenny Crosswhite, Mayor
ATTEST:
Julie Latshaw
City Clerk
APPROVED AS TO FORM:
Monica Castillo, Interim City Attorney
APPROVED AS TO CONTENT:
Dan Singer, City Manager
250
18 CITY OF SANTA PAULA )
COUNTY OF VENTURA )
STATE OF CALIFORNIA )
I, Julie Latshaw, City Clerk of the City of Santa Paula, California do hereby certify that the above and foregoing Ordinance No. 1325 was duly 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:
ABSENT:
ABSTAIN:
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
251
EXHIBIT A
Franchisee Pipeline Map
252
253
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 FOLLOW UP Date: November 16, 2022
Agenda Item: 12.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council approve the additional budget allocations as noted in the Fiscal Impact section of this report.
BACKGROUND:
On October 19, 2022, staff presented the unaudited ending figures for Fiscal Year 21/22 and the fiscal review of revenues and expenses in the first quarter of Fiscal Year 22/23. At that time, various budget adjustments were recommended to and adopted by Council. Staff has since met with the Measure T Committee to discuss additional recommendations for the use of excess revenues. Following are recommendations incorporating the Committee's recommendations for the ending Measure T fund balance, as well as staff's recommendation for the anticipated remaining amount of General Fund balance, which was also reviewed by the Council's Finance Committee.
ANALYSIS:
The Two Year Budget Document for 2021-2023 adopted in June 2021 included a conservative budget estimate for Sales Tax revenue due to ongoing fiscal impacts related to the COVID pandemic. Since that time, Council has amended the budget as more positive news materialized. On October 19, 2022, a final adjustment was made to the Fiscal Year 21/22 budget to reflect the revenues received, as well as those anticipated for Fiscal Year 22/23.
The unaudited ending fund balance estimates are $700,000 in the General Fund and $1,215,000 in Measure T.
MEASURE T
Staff met with the Measure T Committee on October 26, 2022 and discussed the use of surplus funding for the last fiscal year, and projected for next fiscal year. The following recommendations were made by the Committee:
$100,000 Reserve set aside. The Measure T Reserve balance at the end of the current fiscal year will be $700,000, or 20% of the previously anticipated $3.5m budget. With sales tax trends indicating a new norm of $4 million, this additional contribution will help the Reserve fund meet the 20% level of the new expected budget of $4m. $48,000 Merchant Mcyntire contract funding for the remainder of the fiscal year (8 254
months) to seek grant and federal funding sources.
$275,000 for Park Improvements at East Area 1 Park and Las Piedras Park, specifically the construction of the parking lot nearest the Tot Lot area of East Area 1 Park and the restoration of the swing set area of Las Piedras park including the removal of existing surfaces and reduction of curbs (if needed), the repair and installation of new swings on existing structure, and the pouring in place of rubber surfacing. $792,000 for the Citywide Street Improvement Program
The increased funding to the street maintenance program will decrease the amount of the inter-fund loan previously anticipated.
GENERAL FUND
Staff is recommending the following recommendations for the unassigned General Fund balance:
$60,000 to remain as unassigned in accordance with practice and policy $145,000 Reserve set aside. Previously the City was at approximately 18% of the adopted budget (at that time). This contribution will allow the City to be in compliance with the adopted Reserve Policy, reflecting a 20% reserve balance for all General Fund budgets, currently budgeted at $15.35m
$105,000 Capital Improvement Building projects (existing) including updates to the City Hall buildings and the Train Depot.
$140,000 Vehicle Equipment Replacement Fund
$150,000 Police Department Remodel
$100,000 is recommended to be kept as unassigned to account for any potential year end changes.
STRATEGIC PLAN:
FISCAL IMPACTS:
The recommended changes would assign $1,215,000 in Measure T unassigned fund balance, and $600,000 in General Fund unassigned fund balance. Included below are the line item adjustments.
Increase Budget
$100,000 104-5-7501-706 Transfer to General Reserve Measure T Fund $100,000 105-4-7500-7104 Transfer from Measure T Fund
$48,000 104-5-5022-209 Professional Services
$100,000 104-5-9103-660 Las Piedras Park Improvement CIP $175,000 104-5-9XXX-660 East Area 1 Park
$792,000 104-5-9285-660 Street Improvement Program
$145,000 100-5-7501-701 Transfer to General Reserve Fund $145,000 101-4-7500-7100 Transfer from General Fund
$105,000 100-5-9XXX-660 Various Building CIPs
$140,000 100-5-7501-761 Transfer to Vehicle Replacement Fund $140,000 106-4-7500-7100 Transfer from General Fund
$150,000 100-5-9329-660 Police Department Remodel
OPTIONS:
255
1. Council may decide to amend or not approve staff recommendations, which would alter the amount of unassigned fund balance.
ATTACHMENTS:
256
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: ROUNDABOUT PRESENTATION
Date: November 16, 2022
Agenda Item: 12.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff Recommends that the City Council
1. Receive this presentation for information.
2. Provide direction to staff to consider a mini roundabout at the intersection of 12 th and
Santa Paula Streets in lieu of a traffic signal.
BACKGROUND:
The Public Works Department has oversight over public streets, traffic signals, intersection controls, and related traffic safety and circulation City-wide. Population growth, development projects, and trends in traffic safety and technology require on-going innovation in the management of public right of way and related practice. In addition, the City’s General Plan, recently updated in 2020, sets goals for improving traffic circulation and pedestrian safety, reducing greenhouse gases, and improving air quality. Increasing traffic volumes related to development and post-COVID resumption of commuting patterns place capacity pressures on existing City streets and intersections, often working contrary to the above General Plan goals. While traffic signals at certain intersections may improve operation and decrease delays, new signal installations are both expensive to install and have long term maintenance liabilities.
In 2008, Governor Arnold Schwarzenegger signed into law Assembly Bill 1358, the Complete Streets Act, which requires all cities and counties to consider inclusive roadway design that meets the needs of all users, including pedestrians, bicyclists, and vehicles. The process of inclusive design contemplates the provision roadway features that enhance pedestrian safety and promote bicycle and other non-motorized means of transit. The reduction of congestion and vehicle speeds typical of roundabout installations encourages these alternative forms of transit by creating a safer and more inviting roadway environment. Caltrans has recognized the benefits of complete streets and roundabouts in their planning processes and in the administration of their Active Transportation Plan and program, which includes funding opportunities for cities and counties. In this context, roundabouts are a traffic circulation technology that has emerged as a sustainable solution for improved traffic circulation and pedestrian safety, with benefits of both reduced maintenance and impacts to vehicle flow. 257
ANALYSIS:
Roundabouts represent a circular intersection geometry that allows for nearly continuous traffic flow at cross streets. In a roundabout configuration, traffic moves in a counterclockwise direction, with the driver yielding to traffic in the roundabout as they enter and merge with flowing traffic. The nature of the traffic movement limits traditional conflicts with opposing and cross traffic, as well as pedestrians, that require drivers to resolve multiple decisions prior to moving through an intersection. Traditional traffic signals and stop controls are removed, and the only decisions a driver must make in navigating a roundabout is to yield left to roundabout traffic, and then make the decision to exit according to their destination. The entry and exit points of roundabouts are shaped by raised medians to guide vehicles into the circular intersection geometry. These guiding features require a reduction in approach speed, such that yielding to pedestrians is more natural as drivers are already slowing to navigate the confines of the roundabout. Pedestrian crossings are relocated out of the roundabout, so that drivers may concentrate separately on yielding to pedestrians, and then entering the roundabout. This combination of factors, including reduced speed, relocation of pedestrian crossings, and singular yielding result in improved safety for pedestrians and a reduction in vehicle collisions.
Roundabouts typically contain 1 or 2 lanes of traffic and feature a raised center median and directional islands to guide the flow of traffic in and out of the intersection. Commonly, 1-lane roundabouts are utilized for intersections, even for multi-lane roads. For example, in a 2-lane approach condition, such as that on Harvard Boulevard, 2 lanes of traffic merge, then flow into the roundabout. The efficiencies of flow through the roundabout eliminate the need for multiple lanes to address traffic capacity and related vehicle stacking due to delays typical of either a signalized or stop-controlled intersection. Roundabouts can be used to address unusual intersection geometries, such as the 5-point intersection at 10th Street and Santa Paula, where multiple intersecting streets require significant traffic delays to accommodate multiple road movements. Roundabouts at these locations allow for nearly continuous flow of traffic, minimizing the typical delays associated with waiting for a traffic signal to proceed.
Mini roundabouts are somewhat scaled down versions of traditional roundabouts that are used in locations where available right of way is constrained. With mini roundabouts, the raised center is allowed to be nearly flush with the adjacent drive lanes, to allow for longer vehicles like tractor-trailers, delivery trucks, and commuter buses to over-track the center area. Often this center portion of the mini roundabout is distinguished by textured paving, slightly raised to provide cues to drivers that they are no longer in the normally travelled portion of the road.
However, the pavement is sufficiently traversable so that longer vehicles can navigate the roundabout without damaging or destabilizing their vehicles. Mini-roundabouts are often utilized where right of way is limited, as in the case of an existing stop-controlled intersection.
Benefits of roundabouts, aside from improved pedestrian and vehicular safety, include:
reduction of greenhouse gas emissions, decreased fuel consumption, and decreased maintenance costs for the City with respect to a normally signalized intersection. Minimizing vehicle stops and queuing, with associated acceleration reduces noise, engine idling and translates to decreased fuel consumption, as well as reducing CO2 and particulate emissions from vehicles. Avoidance or elimination of traffic signals decreases annual electricity and signal maintenance related costs to the City and insures that these intersections will continue to operate during and following power outages. Additional benefits include opportunities for landscaping, beautification, community monumentation and identification elements created by 258
the central portion of the roundabout.
Currently staff is considering a developer-funded intersection improvement for the 12 th and
Santa Paula, which has the potential to feature a mini-roundabout. The current development condition for Harvest-Limoneira is to construct a traditional traffic signal at the intersection to address future increases in vehicular flow and related traffic impacts to this intersection once the Santa Paula Creek Bridge to the east is constructed. As an alternative to the traditional traffic signal contemplated by the development condition, the Harvest-Limoneira team and their engineering team, Jensen Design, have been asked to review opportunities for both traditional and mini-roundabouts at this intersection. A traditional roundabout and related geometry would have required significant right of way acquisition and utility relocation, and a mini roundabout was found to be the best fit given the constraints at the intersection. As the decision to implement a roundabout instead of a signalized intersection would entail both a change to the approved development condition and a modification to City traffic policy, staff is seeking direction from Council relative to the implementation of roundabouts at this location and elsewhere in the City in the future.
STRATEGIC PLAN:
The Project supports the currently adopted Strategic Plan in achieving the following goals and objectives:
B. Economic Development
Objective 10: Create a welcoming environment to attract "drive-by" or "pass-through" traffic by identifying or building out key locations, access points and traffic circle islands where murals, landscaping, wayfinding signage or decorative fencing can be utilized.
C. Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.
FISCAL IMPACTS:
The presentation of roundabouts for policy consideration is informational, and no immediate financial implications are contemplated. Conventional roundabout design and construction costs are similar to design and construction costs for energized traffic signals, assuming no right of way acquisition is required for the roundabout. Longer term, the implementation of roundabouts as a transportation feature has the potential to provide cost savings relative to reduced accident risk exposure, long term maintenance, repair costs and electricity use at existing and future signalized intersections.
The design and construction of the prospective roundabout improvements to 12 th and Santa
Paula Streets are a development condition and the cost is borne by the East Area 1 (HarvestLimoneira) development.
OPTIONS:
In conjunction with the information provided for Council consideration, the Council has available to it the following alternative options:
259
1. Do not authorize Staff to consider roundabouts as an option for future roadway and intersection improvements.
2. Do not authorize the specific implementation of a mini roundabout for the 12 th and Santa
Paula Street intersection.
ATTACHMENTS:
ExhibitA_Mini-Roundabout Design_12Th_SantaPaula.pdf
260
EXHIBIT A
Mini Roundabout Plan for 12th and Santa Paula Streets
Draft Improvement Plan (Jensen Design and Survey)
261
262
CITY OF SANTA PAULA
MEMORANDUM
To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Clete Saunier, Public Works Director
Subject: WASTEWATER SYSTEM CHLORIDE STUDY
Date: November 16, 2022
Agenda Item: XX
RECOMMENDATION:
Staff recommends that the City Council:
(1) Receive and file the Wastewater System Chloride Source Evaluation – Technical Memorandum
(2) Provide Staff with direction
Presented by: Clete J. Saunier, Public Works Director
ISSUES / ANALYSIS:
The Water Recycling Facility (WRF) was completed in 2010 and has been in continuous service since. The WRF operates under a permit from the Los Angeles Regional Water Quality Control Board (LARWQCB) to discharge treated wastewater. The permit was amended in May 2022 (Waste Discharge Requirements R4-2018-0022-A1). The WRF is currently rated for an average dry weather flow (ADWF) of 3.4 MGD, peak wet weather hourly flow of 17 MGD, and a buildout ADWF of 4.2 MGD. The permit requires that chloride concentration in the effluent discharge be less than 110 milligrams per liter (mg/L) to meet a groundwater quality objective of 110 mg/L. Historically, the discharge has exceeded this limit, and the City received a Cease and Desist Order (CDO) for the WRF in February 2018 (CDO R4-2018-0023-A1, amended in May 2022) requiring the discharge be brought into compliance. The CDO allows ten years for the City to achieve full compliance with the effluent chloride limit (by February 8, 2028).
Over the last few years, chloride concentrations at the Water Recycling Facility have been dropping near, and in some cases below, the 110 mg/L concentration requirement. Figure 1 presents a chart showing approximately 10 years of chloride concentrations in the WRF 263
treated effluent between January 2012 and August 2022. A best-fit linear trendline with R2 correlation and the chloride limit are plotted on the graph. As shown, the trendline indicates effluent chloride concentrations have consistently decreased since 2012. Since 2020, some monthly averages have been below the permit limit.
Figure 1: Santa Paula WRF Effluent Chloride Concentrations (Jan 2012 – Aug 2022) City staff are preparing to construct the Advanced Water Treatment Facility (AWTF) to meet chloride limits at an anticipated capital cost of over $20 Million. It is important to understand whether the trend of decreasing chloride concentrations in WRF effluent is likely to continue or if future concentrations cannot predictably stay below the effluent limit. This trend could affect the need, or at a minimum, the design criteria for the AWTF.
The attached Technical Memorandum summarizes a study recently conducted by the City, Ventura Regional Sanitation District (VRSD), and MKN. The objective of this study was to evaluate concentrations of chloride in Santa Paula’s wastewater collection system in an attempt to identify potential sources, consider potential source control measures, and estimate whether the downward trend in chloride concentration is likely to continue.
Wastewater samples were obtained throughout the City’s wastewater collection system and at the WRF by the City’s wastewater operator, VRSD. Sources of chlorides were analyzed, including the City’s well water, municipal water treatment operations, domestic wastewater, industrial and commercial dischargers, and WRF operations.
The City, VRSD staff, and MKN collected and analyzed collection system data during four (4) rounds of sampling events from April through September of 2022. This information y = -0.0132x + 696.38
R² = 0.8644
0 20
40 60
80 100
120
140
160
180
Sep-11 Jan-13 Jun-14 Oct-15 Mar-17 Jul-18 Dec-19 Apr-21 Aug-22 Jan-24 Avg Monthly
Effluent
Chloride
(mg/L)
EFF LIMIT =
110 mg/L
(Monthly
Average)
264
was compared to raw water quality and treated water quality to establish baseline chloride concentrations from the water supply. The potential contributions from industrial usage, WRF operations, and home use were discussed, as well as any collection system changes from these activities that could have resulted in lower chloride concentrations in WRF effluent.
As a result of this study, the following conclusions were reached:
• Collection system sampling indicated the northern sewershed (Site 1) had low concentrations of chlorides (approximately 80 mg/L) compared to the majority of the sewershed along Highway 126, which ranged from 102 to 114 mg/L. Site 1 includes an older part of the City where the SRWS Buyback Program was successfully implemented, whereas SRWSs have been observed at homes in the Harvest community within the eastern sewershed. This could be a factor in the lower chloride levels at Site 1.
• Highest collection system chloride concentrations (150 to 344 mg/L) were measured in the vicinity of Santa Paula Airport.
• Harvest Loop Pool chloride concentrations are over 23 times higher than collection system concentrations. However, the pool is not permitted to discharge to the sewer system other than the recirculating filtration system, which would contribute minimal flows.
• Lemonwood Lift Station should be cleaned to reduce TSS and prevent potential for settling of solids, resulting in odors through biological decomposition. However, chloride levels were lower than the other collection system samples within the same sewershed.
• Raw water chloride concentrations were relatively consistent over the past several years (approximately 40 to 50 mg/L), other than a trend of increasing concentration at Well 12 which has reached 58 mg/L. The data indicates raw water quality is not causing a decrease in chloride concentrations at the WRF. However, utilizing lower chloride water supplies could keep chloride levels lower than would result from using Well 12.
• Water treatment operations do not increase chloride concentrations in the collection system. In fact, they are likely to dilute downstream chloride concentrations through the discharge of water during backflow activities. • In general, collection system concentrations were very similar to WRF effluent concentrations during the study period. It can be concluded that WRF operations do not significantly affect chloride levels in plant effluent. • The SRWS Buyback Program has reduced chlorides in the collection system but is not likely to have been the only cause of the steady decline in chloride levels of the past decade. The program should be enforced in the new Harvest community.
Enforcing the ordinance prohibiting SRWSs, coupled with relying more on water supplies with lower chloride concentrations than Well 12, could possibly reduce concentrations consistently to 70 to 100 mg/L from that area as discussed previously. However, monitoring and routine inspections would be required to maintain any reductions.
265
While this sampling program could not confirm the cause of reduction in chloride levels, it indicated collection system conditions will drive WRF effluent chloride concentrations.
Collection system samples were routinely above 100 mg/L and some were above 110 mg/L, the current WRF chloride limit. Unless collection system chlorides along the east sewershed can be reduced consistently and predictably below 100 to 105 mg/L (allowing for a small safety factor below the WRF effluent limit), the AWTF is still necessary to ensure compliance with the CDO requirements.
City Staff recommends City Council consider pursuing the following options as a result of this study.
Option 1: Continue development of the AWTF
Advantages:
• Meets LARWQCB timeline
• Ensures effluent chloride limits can be met
• Improves water quality for future reuse opportunities • Ensures SRF financing
• Better cost control than deferring to the future
Disadvantages:
• May not be needed if chlorides continue to decline
• High capital cost
• High operating cost
Option 2: Request CDO extension from LARWQCB to continue studying collection system chloride levels and evaluate potential for WRF to meet chloride limits without AWTF
Advantages:
• AWTF could be canceled, or design criteria could be reduced • High capital and operating cost for AWTF could be avoided or reduced Disadvantages:
• Extension may not be granted
• Chloride levels may not continue to decline
• City and VRSD staff may not be able to find and control significant chloride sources
• Risk losing SRF financing
• Uncertain future capital costs
FISCAL IMPACTS:
266
No fiscal impact would result from pursuing Option 1 at this time since the City has budgeted to construct the AWTF. If Option 2 is pursued and LARWQCB grants the CDO timeline extension request, capital and operating costs for the AWTF could be eliminated or reduced if chloride concentrations stay below effluent limits. If chloride concentrations exceed these limits, capital and operating costs for the AWTF could be incurred and may be higher due to cost escalation or higher financing costs.
STRATEGIC PLAN:
The agenda report does not directly address the strategic goals within the City’s adopted Strategic Plan
OPTIONS:
The Council has the following options:
1. Council can direct staff to continue development of the AWTF
2. Council can direct staff to request a CDO extension from LARWQCB to continue studying collection system chloride levels and evaluate potential for the WRF to meet chloride limits with AWTF and report results back to City Council
3. Council may select a different option other than those identified above.
ATTACHMENTS:
EXHIBIT A - Technical Memorandum – Santa Paula Wastewater System Chloride Source Evaluation
267
EXHIBIT A
Technical Memorandum - Santa Paula Wastewater
System Chloride Source Evaluation
268
TECHNICAL MEMORANDUM
To: Clete Saunier
Public Works Director
City of Santa Paula
From: Becca Bugielski, PE
Mike Nunley, PE
Ryan Provost, EIT
Date: November 3, 2022
Re: Santa Paula Wastewater System Chloride Source Evaluation
1. Background
The Santa Paula Water Recycling Facility (WRF) and wastewater collection system are owned by the City of Santa Paula (City).
The WRF was completed in 2010 and has been in continuous service since then. The WRF operates under a permit from the Los Angeles Regional Water Quality Control Board (RWQCB) to discharge treated wastewater, which was amended in May 2022 (R4-2018-0022-A1). The WRF is currently rated for an average dry weather flow (ADWF) of 3.4 MGD, peak wet weather hourly flow of 17 MGD, and a buildout ADWF of 4.2 MGD. The permit requires that chloride concentration in the effluent discharge be less than 110 milligrams per liter (mg/L) to meet a groundwater quality objective of 110 mg/L.
Historically, the discharge has exceeded this limit, and the City received a Cease and Desist Order for the WRF in February 2018 (CDO R4-2018-0023-A1, amended in May 2022) requiring the discharge be brought into compliance. The CDO allows ten years for the City to achieve full compliance with the effluent chloride limit (by February 8, 2028).
Over the last few years, chloride concentrations at the Water Recycling Facility have been dropping near, and in some cases below, the 110 mg/L concentration requirement. Figure 1 presents a chart showing approximately 10 years of chloride concentrations in the WRF treated effluent between January 2012 and August 2022. A best-fit linear trendline with R2 correlation and the chloride limit are plotted on the graph. As shown, the trendline indicates effluent chloride concentrations have consistently decreased since 2012. Since 2020, some monthly averages have been below the permit limit.
269
| 2
Figure 1: Santa Paula WRF Effluent Chloride Concentrations (Jan 2012 – Aug 2022) City staff are preparing to construct the Advanced Water Treatment Facility (AWTF) to meet chloride limits at an anticipated capital cost of over $20 Million. It is important to understand whether the trend of decreasing chloride concentrations in WRF effluent is likely to continue or if future concentrations cannot predictably stay below the effluent limit. This trend could affect the need, or at a minimum, the design criteria for the AWTF.
2. Objective
The objective of this study is to evaluate concentrations of chloride in Santa Paula’s wastewater collection system in an attempt to identify potential sources, consider potential source control measures, and estimate whether the downward trend in chloride concentration is likely to continue.
Wastewater samples were obtained throughout the City’s wastewater collection system and at the WRF by the City’s wastewater operator, Ventura Regional Sanitation District (VRSD). Sources of chlorides were analyzed, including the City’s well water, municipal water treatment operations, domestic wastewater, industrial and commercial dischargers, and WRF operations.
3. Chloride Sampling and Analysis
On April 28, 2022 wastewater samples were collected from six (6) manhole locations using 24-hour composite samplers placed throughout the City’s wastewater collection system, as shown in Figure 2.
Table 1 summarizes sample results for chloride, total suspended solids (TSS), total dissolved solids (TDS), electrical conductivity, and temperature. Site 1 represented the sewershed north of the WRF. y = -0.0132x + 696.38
R² = 0.8644
0 20
40 60
80 100
120
140
160
180
Sep-11 Jan-13 Jun-14 Oct-15 Mar-17 Jul-18 Dec-19 Apr-21 Aug-22 Jan-24 Avg Monthly
Effluent Chloride
(mg/L)
EFF LIMIT = 110
mg/L (Monthly
Average)
Linear (Avg
Monthly Effluent
Chloride (mg/L))
270
""WRF
Ú[
Ú[
1$
1$
1$
ä[
GF
GF XY
XY
XY XY
XY
XY
^_
^_
^_
^_
^_
^_
4 3
1 2
5 6
10 9
7 8
11 12
16 17 18
13 15
14 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Figure 2:
Wastewater
Sample Locations
1 inch = 2,000 feet
O
0 1,000 2,000
Legend
Sewersheds
Site 1
^_
XY
GF
ä[
$1
Ú[
""WRF
Site 2
Site 7
Round 1 Sample Locations
(sample date April 28, 2022)
Round 2 Sample Locations
(sample date June 13, 2022)
Round 3 Sample Locations
(sample date August 1,
2022)
Lemonwood Lift Station
Round 4 Sample Locations
(sample date September 1,
2022)
Lift Station
Water Recycling Facility
(WRF)*
WRF Site Boundary
! Manholes
Sewer Pipe
Santa Paula City Limits
City of Santa Paula
Wastewater System
Chloride Source
Evaluation
Note: Sample Locations are
Approximate
Sewershed at Harvest
is approximated
for this figure
271
| 4
Site 2 included the sewershed east of the WRF and along HWY 126, including the Santa Paula Airport.
Site 2 also included the collection system at the eastern boundary of the City and north of HWY 126, as well as Harvest at Limoneira (Harvest). The other sites represented specific discharge sites in the collection system including the Saticoy Lemon and Steckel Water Treatment Plant facilities. The new Harvest collection system and Harvest Lift Station were also sampled.
Overall, it can be observed that on the eastern side of the City, near Harvest and the new Harvest Lift Station, chloride concentrations were approximately 100 mg/L. Within the western sewershed (Site 1), chloride concentration was approximately 50 to 80 mg/L. Chloride concentration in the wastewater collection system at the Steckel plant was approximately 50 mg/L, which is similar to concentrations in the City’s well water. Concentrations increased from upstream to downstream as the collection system approaches the WRF. The sewershed immediately north of the WRF (Site 1) had a considerably lower chloride concentration than the east collection system north of and along HWY 126 (Site 2).
Table 1: City of Santa Paula Sewer Collection System Sampling Results (April 28, 2022) Location
Number
on Figure
Location
Description Manhole ID Chloride (mg/L) TSS (mg/L) TDS (mg/L) Electric
Conductivity
(Field) (u/S)
1 West Santa Paula
collection at
HWY126
MH 1C04 80 310 1190 1792
2 East Santa Paula
collection at
Acacia St
MH 2C18 110 610 1250 1969
3 Saticoy Lemon MH 2E01 70 440 2950 3293
4 Steckel Treatment
Plant MH 3D37 50 100 1060 1445
5 Harvest Lift
Station LS003 100 220 1250 2009
6 Harvest Tract MH 9C20 100 130 1260 2000
A second round of sampling was conducted on July 13, 2022. VRSD targeted specific locations such as the Harvest Loop Pool, since the treatment and conditioning process for the pool could contribute chlorides if wastewater is generated and released to the City collection system. 272
| 5
Table 2: City of Santa Paula Chloride Study Sampling Results (sampled on July 13, 2022) Location
Number
on Figure
Location
Description
Manhole
ID
Chloride
(mg/L) TSS (mg/L TDS (mg/L)
Electric
Conductivity
(Field) (u/S)
7 North City
Collection System
at HWY 126
crossing
MH2C15 109 590 1,300 1952
8 South City
Collection System
along HWY 126
MH2C30 114 370 1,250 2066
9 Central Santa
Paula at HWY 126 MH5C02 344 1000 1,620 2476
10 Harvest Lift
Station LS003 94 200 1,150 1941
11 Autumn Path 105 440 1,280 1793
12 Harvest Loop Pool
(Grab Sample) 2570 3 7,560 9464
Site 9, which represented the eastern part of the sewershed along HWY 126, had considerably higher chloride, TSS, and TDS than the other sites except the Harvest Loop Pool sample. It is located immediately downstream of the Santa Paula Airport.
VRSD staff collected water directly from the pool to determine if water extracted from the pool, or from the recirculating filtration system, could contribute to WRF chloride levels. As shown, the pool itself could be a significant chloride contributor if water is released to the collection system. Concentrations were over 23 times that of the collection system sample at Site 7. However, quantities of pool water released to the collection system would be insignificant and would only be released during filter backwashing activities.
Sites 7 and 8 represented areas contribution flow to Site 2 from the first round of sampling. Site 7 represented the majority of the collection system north of HWY 126. Chloride levels were very similar to Site 8 results, which represented the eastern sewershed along HWY 126.
The Harvest Lift Station had the lowest chloride levels in this round of sampling. As the eastern sewershed along HWY 126 approached the WRF (Site 8), chloride levels remained close to the chloride levels at Site 2 in Table 1.
VRSD staff conducted a third round of sampling to focus on the east sewershed on August 1, 2022, as shown in Table 3.
273
| 6
Table 3: City of Santa Paula Chloride Study Sampling Results (sampled on 8-1-2022) Location
Number
on Figure
Location
Description
Manhole
ID
Chloride
(mg/L) TSS (mg/L TDS (mg/L)
Electric
Conductivity
(Field) (u/S)
13 Lemonwood Lift
Station LS 002 104 7500 1490 1703
14 S. Hallock Dr. MH 9C13 73 450 1250 1718
15 Old Hallock Dr. 113 630 1380 2216
Lemonwood Lift Station and Old Hallock Drive sites yielded similar chloride levels (104 and 113 mg/L) to those in the east sewershed from previous sampling. However, TSS at Lemonwood Lift Station was almost 19 times that of typical domestic wastewater (400 mg/L). This could indicate the lift station should be cleaned, although it does not appear to be contributing significant chlorides to the collection system. South Hallock Drive was considerably lower at 73 mg/L.
VRSD performed a final round of sampling in the vicinity of the City airport. While Sites 16 and 17 are downstream of the airport and are similar to previous results in the east sewershed along HWY 126, Site 18 near the airport hangers yielded a significantly higher chloride level.
Table 4: City of Santa Paula Chloride Study Sampling Results (sampled on 9-1-2022) Location
Number
on Figure
Location
Description
Manhole
ID
Chloride
(mg/L) TSS (mg/L TDS (mg/L)
Electric
Conductivity
(Field) (u/S)
16 Olive St @ Santa
Maria MH 5C02 102 240 1190 1405
17 S Fifth St MH 5C05 102 370 1220 1366
18 Airport by 10th St. MH 6C05 150 400 1320 1670
High chloride concentrations correlate with high electric conductivity (EC) meters. Since chloride concentrations must be measured in a laboratory, whereas EC can be measured in the field, EC is often considered a surrogate for testing high chloride levels. VRSD returned to areas with high chloride samples (over 150 mg/L) with EC field meters to verify results. However, the high values could not be replicated. This indicates high chlorides in the collection system are not likely chronic conditions and chloride concentrations may vary at these locations.
4. Sources of Chloride
Potential sources of chloride in Santa’s Paula’s wastewater collection system include well water, municipal water treatment plant operations, domestic use, industrial dischargers, and the Water Recycling Facility.
4.1 Well Water
The City owns and operates five deep wells that pump groundwater from the Santa Paula Basin to supply the City’s drinking water: Well 1B, Well 11, Well 12, Well 13, and Well 14. Chloride present in groundwater originates from natural sources such as stormwater runoff, leaching from natural 274
| 7
deposits, and atmospheric deposition of chloride from the ocean. Runoff from agricultural irrigation around the Santa Paula Basin also contributes chloride to the groundwater supply. Table 5 displays the five wells’ chloride concentrations during biannual sampling from May 2011 to November 20201.
Table 5: Historical Municipal Well Groundwater Chloride Concentrations (mg/L) (May 2011 – November 2020)
Sample Date Well 1B Well 11 Well 12 Well 13 Well 14
May 2011 45 41 41 39 -
Nov 2011 46 41 40 39 43
May 2012 45 44 41 - 43
Nov 2012 43 44 39 57 43
May 2013 46 49 42 41 45
Dec 2013 45 55 48 51 51
May 2014 45 48 41 40 45
Dec 2014 42 47 41 40 41
June 2015 47 45 - 42 46
Dec 2015 43 44 43 41 43
Nov 2016 47 46 48 44 45
May 2017 47 44 49 44 -
Dec 2017 47 43 51 43 45
May 2018 46 43 51 41 45
Nov 2018 46 45 52 43 43
May 2019 46 43 52 43 42
Nov 2019 46 46 53 44 44
May 2020 47 48 54 45 45
Nov 2020 47 48 58 42 43
Figure 3 below displays raw well and treated well water chloride concentrations over time. 1 Groundwater sampling is currently only conducted every two to three years. Therefore, no data is available for 2021 or 2022. The next groundwater sampling event is scheduled for 2023. 275
| 8
30 35
40 45
50 55
60 Dec-09 Dec-10 Dec-11 Dec-12 Dec-13 Dec-14 Dec-15 Dec-16 Dec-17 Dec-18 Dec-19 Dec-20 Dec-21 Well 1B
Well 11
Well 12
Well 13
Well 14
Linear (Well 1B)
Linear (Well 11)
Linear (Well 12)
Linear (Well 13)
Linear (Well 14)
Figure 3: Historical Well Water Chloride Concentrations As shown in Figure 3, chloride levels are generally below 50 mg/L. This indicates raw water does not contribute significantly to background chloride levels prior to usage and conversion to wastewater. However, Well 12 chloride levels have been consistently increasing as shown in the data above. It is unknown why these concentrations are increasing.
4.2 Municipal Water Treatment Procedures
The City owns and operates two water treatment plants, the Well 12 Water Conditioning Facility and the Steckel Water Conditioning Facility. The Steckel Facility treats water from Wells 11, 13, and 14 and the Well 12 Facility treats water from Well 12. Both remove iron and manganese from groundwater and add low levels of sodium hypochlorite in the treatment process. The City injects
12.5% sodium hypochlorite solution for disinfection at the following dosages:
• Well 1B, onsite: 2 mg/L
• Well 11, onsite: 1.7 mg/L
• Well 11, at Steckel: 0.55 mg/L
• Well 13, onsite: 1.39 mg/L
• Well 13, at Steckel: 1.06 mg/L
• Well 14, at Steckel: 1.5 mg/L
• Well 12, onsite: 1.4 mg/L
The target chlorine residual level is 1.1 mg/l prior to entering the distribution system. Table 6 displays chloride concentrations of treated water from the City’s two water treatment facilities. 276
| 9
Table 6: Historical Municipal Treated Water
Chloride Concentrations (mg/L)
Sample
Date
Well 12
Facility (Steckel Facility)
Dec 2014 45 45
Dec 2015 49 47
May 2017 50 46
May 2018 53 47
May 2019 54 44
May 2020 53 44
April 2022 50
Figure 4 displays treated water chloride concentrations over time.
Figure 4: Historical Treated Water Chloride Concentrations (Dec 2014 – May 2020) As shown in Figure 4, treatment does not significantly increase chlorides since chlorine dosage is relatively low. The addition of chloride during the treatment process is largely insignificant to the wastewater collection system’s chloride concentrations. Additionally, the treatment process supplies a significant amount of water to the collection system from filter backwashing which helps to dilute chloride concentrations.
30 35
40 45
50 55
60 Aug-13 Dec-14 May-16 Sep-17 Feb-19 Jun-20 Oct-21
Well 12 Treated
Well 11, 13, 14 Treated
277
| 10
4.3 Home Use Projections
Residential discharge adds chloride to the wastewater collection system from human biological excretion, food waste, personal care products, detergents, chlorine-based cleansers, and bleach as well as household water-softening systems. According to a report on high chloride concentrations in Santa Clarita Valley wastewater, prepared by the Los Angeles County Sanitation District, chloride concentration typically increases between 30 and 50 mg/ L as water is used and discharged to the wastewater system. In the Fillmore area, the study indicated that chloride concentration increased by 31 mg/ L for “normal” water use.2
The City performed a similar chloride source study in 2005 and identified home self-regenerating water softeners (SRWSs) as a significant source of chloride. The City implemented a softener buyback program which resulted in the removal of some 300 of an estimated 1,250 self-regenerating softeners over the period of 2015 to 2019. According to projections by Larry Walker Associates, this could have reduced chloride concentration of the wastewater by 30 to 35 mg/l over that specific time. While this may explain most of the observed reduction (Figure 1), it does not account for all of it, specifically the 10 to 15 mg/L drop since 2019. However, the northern sewershed (Site 1) represents an older area of the City where the softener program was successfully implemented and measured chloride concentration was 80 mg/L. Considering raw water quality typically varies from 40 to 50 mg/L, adding 30 to 50 mg/L (as cited above) for typical domestic uses results in a range of 70 to 100 mg/L.
VRSD staff have noted they have observed the presence of SRWS in the Harvest community. The City has an ordinance preventing installation of new SRWSs. This could be a significant source of chlorides to the collection system, resulting in the higher chloride concentrations (over 100 mg/L) at Sites 7 and 8 compared to the northern sewershed at Site 1.
4.4 Industrial Dischargers
Industrial facilities that discharge into the City’s wastewater collection system can contribute to chloride concentrations. However, this discharge is largely represented by the collection system sample at Lemonwood Lift Station. Based on discussions with VRSD staff, the permitted industrial dischargers are typically crop and food processing activities that have minimal amounts of chemical addition (if any) and are unlikely to contribute significantly to wastewater collection system levels. However, this is based on knowledge of permitted dischargers. Unpermitted dischargers or various commercial operations that have not yet been identified under the permitting program, could contribute and should continue to be considered as potential causes of high chloride levels.
4.5 Water Recycling Facility
The Santa Paula Water Recycling Facility uses chlorine to clean the membranes within the membrane bioreactor treatment process, which adds to chloride in the WRF’s treated effluent. 2 Study cited in Salts Minimization Plan – Southland WWTF, Boyle Engineering Corporation, 2008. It should be noted the study was completed prior to 2008, indicating typical chloride contributions may have changed in the past years based on water conservation and multi-year drought conditions. 278
| 11
Table 7 displays the average monthly chloride concentration in the WRF treated effluent, which was used as the basis for Figure 1.
Table 7: Historical Average Monthly WRF Effluent Chloride Concentrations (mg/L) (Jan 2012 – Aug 2022)
Month 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Jan 157 166 164 142 146 131 125 117.8 120 113 105
Feb 161 158 146 142 139 134 127.2 125 119 121 107
Mar 153 150 138 132 138 143 117.5 129 118 127 109
Apr 151 153 143 135 137 133 127.5 125.75 122 112 109.5
May 147 156 142 134 138 131 120.75 119 113 117 101.3
June 145 153 141 132 138 131 124 123.5 117 115 106
July 143 161 139 136 134 129 124 121.6 116 106 107
Aug 149 162 144 134 125 126 121 115.5 110 107 109
Sept 144 145 150 129 133 129 118 112 115 111
Oct 147 143 145 132 142 127 119 113.8 112 104
Nov 143 160 155 133 140 124 123 117 120 98.2
Dec 153 157 136 129 141 132 117 115.2 103 109
Avg. 149 155 145 134 138 131 122 120 115 112 107
As shown in Table 7 for April, July, and August 2022, chloride concentrations ranged from 107 to 109.5 mg/L. These were similar to the sampling results during this time for collection system Sites 2, 7, 8, 16, and 17 from Tables 1, 2, and 4, which ranged from 102 to 114 mg/L. VRSD staff provided monthly WRF influent data from 24-hour composite samples for April, May, and June of 2022 indicating influent chloride concentrations of 104 to 116 mg/L were recorded. As expected, the data indicates the WRF treatment process is not likely to significantly increase chloride levels over influent wastewater concentrations.
5. Conclusions and Recommendations
The City, VRSD staff, and MKN collected and analyzed collection system data during four (4) rounds of sampling events from April through September of 2022. This information was compared to raw water quality and treated water quality to establish baseline chloride concentrations from the water supply.
The potential contributions from industrial usage, WRF operations, and home use were discussed, as well as any collection system changes from these activities that could have resulted in lower chloride concentrations in WRF effluent.
As a result of this study, the following conclusions were reached:
• Collection system sampling indicated the northern sewershed (Site 1) had low concentrations of chlorides (approximately 80 mg/L) compared to the majority of the sewershed along Highway 126, which ranged from 102 to 114 mg/L. Site 1 includes an older part of the City where the SRWS Buyback Program was successfully implemented, whereas SRWSs have been observed at homes in the Harvest community within the eastern sewershed. This could be a factor in the lower chloride levels at Site 1.
279
| 12
• Highest collection system chloride concentrations (150 to 344 mg/L) were measured in the vicinity of Santa Paula Airport.
• Harvest Loop Pool chloride concentrations are over 23 times higher than collection system concentrations. However, the pool is not permitted to discharge to the sewer system other than the recirculating filtration system, which would contribute minimal flows. • Lemonwood Lift Station should be cleaned to reduce TSS and prevent potential for settling of solids, resulting in odors through biological decomposition. However, chloride levels were lower than the other collection system samples within the same sewershed. • Raw water chloride concentrations were relatively consistent over the past several years (approximately 40 to 50 mg/L), other than a trend of increasing concentration at Well 12 which has reached 58 mg/L. The data indicates raw water quality is not causing a decrease in chloride concentrations at the WRF. However, utilizing lower chloride water supplies could keep chloride levels lower than would result from using Well 12. • Water treatment operations do not increase chloride concentrations in the collection system.
In fact they are likely to dilute downstream chloride concentrations through the discharge of water during backflow activities.
• In general, collection system concentrations were very similar to WRF effluent concentrations during the study period. It can be concluded that WRF operations do not significantly affect chloride levels in plant effluent.
• The SRWS Buyback Program has reduced chlorides in the collection system but is not likely to have been the only cause of the steady decline in chloride levels of the past decade. The program should be enforced in the new Harvest community. Enforcing the ordinance prohibiting SRWSs, coupled with relying more on water supplies with lower chloride concentrations than Well 12, could possibly reduce concentrations consistently to 70 to 100 mg/L from that area as discussed previously. However, monitoring and routine inspections would be required to maintain any reductions.
While this sampling program could not confirm the cause of reduction in chloride levels, it indicated collection system conditions will drive WRF effluent chloride concentrations. Collection system samples were routinely above 100 mg/L and some were above 110 mg/L, the current WRF chloride limit.
Unless collection system chlorides along the east sewershed can be reduced consistently and predictably below 100 to 105 mg/L (allowing for a small safety factor below the WRF effluent limit), the AWTF is still necessary to ensure compliance with the CDO requirements.
MKN recommends enforcing the ordinance restricting SRWSs, particularly within the Harvest community. Facilities near the Santa Paula Airport should also be inspected to determine the characteristics of discharge to the City wastewater collection system, since the highest concentrations were identified in that location. We also recommend routine (quarterly) sampling of the east sewersheds both north and south along HWY 126 with sampling conducted both upstream and downstream of the Santa Paula Airport. This will be very important to evaluate any impact of these recommendations. Any discharges from the Harvest Loop Pool should be prohibited since chloride concentrations are so high.
The City should consider requesting a variance to the CDO timeline in order to implement these recommendations. If ongoing collection system monitoring and routine inspections indicate these 280
| 13
steps are keeping the WRF in compliance, the significant cost of AWTF construction and operation could be deferred.
281
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: MEMORANDUM OF UNDERSTANDING WITH VENTURA COUNTY AND
ALLOCATION OF FUNDS TO ASSIST IN THE FUNDING OF A
COUNTYWIDE FARMWORKER HOUSING STUDY AND ACTION PLAN
Date: November 16, 2022
Agenda Item: 12.D
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the Memorandum of Understanding with Ventura County to support the collaboration on the development of the Ventura County Farmworker Housing Study and Action Plan;
2. Approve a budget allocation (as noted in the fiscal impact section), and authorize the City Manager to expend a total not-to-exceed amount of $20,000, for the Ventura County Farmworker Housing Study and Action Plan in the event additional funding is required to complete the analysis and action plan using General Plan Fund balance.
BACKGROUND:
Countywide farmworker housing studies were last completed 2002: "The County of Ventura Farm Worker Housing Study" and "Farm Worker Housing: A Crisis Calling for Community Action" by the Ventura County Ag Futures Alliance. Since then, the nature of the farm labor force, and the type of housing required by farmworkers has changed, and there is limited data available representative of the current trends. It is imperative that updated information regarding farmworkers is available in order to develop housing types that address their needs.
Ventura County Farmworkers
As identified in the Background Report of the Ventura County Housing Element (Chapter 5 - Housing of the County of Ventura’s 2040 General Plan), the estimated number of farmworkers in Ventura County ranges from 18,000 to 36,500 persons, depending on the data source.
The farmworker workforce includes permanent and seasonal/temporary workers, as well as single farmworkers, and those with families. Housing currently designated for farmworkers includes units provided on the agricultural land to employees, labor camps overseen by HCD, and other units built and managed by affordable housing developers. 282
The Ventura County Farmworker Housing Study and Action Plan is intended to gain an accurate understanding of the number of farmworkers in the County, along with updated farm labor trends affecting agricultural workforce needs. In addition to providing stakeholders and decision makers with the tools necessary to identify opportunities and constraints to producing additional farmworker housing, the study seeks to give a voice to the County’s farmworkers, specifically related to local housing needs for this vulnerable, yet essential population. This information can then be utilized by County and City governments, affordable housing providers and organizations, farmworker advocate organizations, and other public and private sectors including healthcare, transportation, and education, to focus on meeting verified farmworker needs, including the development of innovative models for housing provision and identifying gaps in social services.
ANALYSIS:
Project Memorandum of Understanding (MOU) Responsibilities The MOU (Attachment A) states that the County will contribute $130,000 to the anticipated costs of $250,000 to complete the Farmworker Housing Survey and that staff from the County Planning Division will lead and manage the program activities for Fiscal Year 2022-23 at County’s own expense.
The County has requested that each city within Ventura County contribute funds for the remaining $120,000 of the total cost anticipated for completing the Farmworker Housing Survey. The allocation of $120,000 will be based on contributions from each city based on each city’s respective, key characteristics including: population, acreage, number of housing units included in each city’s regional housing need allocation provided by the state, and estimated crop acreage in each city and its area of interest. Based on the this allocation formula the City of Santa Paula's contribution will be $9,000.
Project Funding
This Project plans to utilize funding from a range of funding sources. • In the spring of 2021, House Farm Workers! was awarded a Regional Early Action Planning (REAP) grant and the County of Ventura was awarded a Local Early Action Planning (REAP) grant by the Southern California Association of Governments (SCAG), which will fund portions of Phases 1 and 2 for the project respectively. Attachment B to this report explains the phases in more detail.
• Additional funding is being provided by the County of Ventura, through donations and grants from other stakeholder and other jurisdictions within the counties.
Santa Paula is geographically located proximal to a variety of agricultural operations. As a result, there is potentially a significant need for farmworker housing opportunities within the community. By participating in the funding of the study and action plan the city would be providing a fair share of contribution to determine the farmworker housing need and action strategies for Santa Paula residents.
The funding for the study is to be allocated from the General Plan Maintenance Fund which is funded through General Plan Development Impact Fees. The requested funding of $9,000 is based on the allocation identified in Exhibit A of the MOU. In addition, staff is requesting that the City Council provide authorization for the City Manager to allocate an amount not to exceed $20,000 in the event additional funding is required to complete the analysis and action 283
plan.
STRATEGIC PLAN:
None
FISCAL IMPACTS:
Staff is requesting a budget allocation of $20,000 out of account 800-5-3001-215 (General Plan Professional Services) for the support of the Ventura County Farmworker Housing Study and Action Plan. There is sufficient funding for this allocation.
OPTIONS:
As an alternative to Staff's recommendation, Council may:
1. Deny approval of the MOU with Ventura County and deny funding for the V entura County Farmworker Housing Study and Action Plan, forgoing the opportunity to identify and address farmworker housing needs in Santa Paula.
2. Approve the MOU conditioned on amendments.
ATTACHMENTS:
ATTACHMENT A DRAFT FARMWORKER HOUSING SURVEY MEMORANDUM.pdf ATTACHMENT B Project Phasing & Timeline.docx
284
285
1 FARMWORKER HOUSING SURVEY MEMORANDUM OF
UNDERSTANDING BETWEEN
COUNTY OF VENTURA AND CITY OF _______________
This Farmworker Housing Survey Memorandum of Understanding (MOU) is entered into by and between the County of Ventura (County) and the City of ______________ (City) and shall become effective on the date last signed by the parties below (Effective Date). The County and City are collectively referred to herein as “Parties” and each individually as “Party.”
RECITALS
WHEREAS, the last countywide farmworker housing study was conducted in 2002 and current counts of farmworkers and their household members significantly underestimate the true population;
WHEREAS, it is vital that City and County work together to get updated information regarding the current needs of farmworkers and their household members in Ventura County, as residents within all jurisdictions benefit from the agricultural community and farmworkers are not bound by jurisdictional boundaries for housing or where they contribute economically for purchasing retail and service needs; WHEREAS, County included the following Program E in County’s adopted and certified Housing Element, tentatively scheduled to be completed by 2024:
“The County, working with advocacy groups, agricultural organizations and Ventura County cities, will: (1) take on a coordinating role to seek funding for, and to implement, a countywide survey of farmworkers, employers, and housing providers to further define housing conditions, needs and barriers to farmworker housing; and, (2) utilize the survey results to develop targeted programs and strategies to address the identified housing needs of farmworkers and to support agricultural businesses with a stable and healthy workforce.
In implementing this program, the County shall strive to affirmatively further fair housing by providing housing opportunities (farmworker units or complexes) under the County’s RHNA obligation and for both County and cities to provide services for the farmworker population throughout the County.” WHEREAS, a countywide survey of farmworkers, employers, and housing providers will assist City and County to identify the special housing needs for farmworkers and their household members in their jurisdiction and to assess the potential constraints relevant to meeting those needs (Farmworker Housing Survey); WHEREAS, County’s Planning Division, in partnership with the local nonprofit House Farm Workers!, commenced work on Program E in Fall 2021 and outlined five phases for this multi-year program, as follows:
286
2 Phase 1 – Advisory Council Formation
Phase 2 – Farmworker Housing Survey Design
Phase 3 – Farmworker Housing Survey Implementation
Phase 4 – Farmworker Housing Study and Action Plan
Phase 5 – Community engagement in implementing the Action Plan WHEREAS, as part of Phase 1, the County and House Farm Workers! worked together to convene an advisory council which includes key stakeholders and agency staff representing local cities, transportation, agriculture, nonprofit organizations, healthcare groups, small and large agricultural employers, housing advocacy groups, affordable housing developers, and farmworkers; and circulated a request for proposals (RFP) for a survey consultant to conduct the farmworker housing survey of farmworkers and their household members, stakeholders, and employers in Ventura County for Phases 2 and 3;
WHEREAS, the following program activities will be completed in Fiscal Year 2022-23, with an anticipated total cost of $250,000:
Phase 2 (Farmworker Housing Survey Design); and
Phase 3 (Farmworker Housing Survey Implementation).
WHEREAS, the anticipated $250,000 cost to complete Phases 2 and 3 includes the cost of hiring a Survey Consultant to design and implement the Farmworker Housing Survey;
WHEREAS, County will contribute $130,000 to the anticipated costs of completing the Farmworker Housing Survey, in addition to dedicated County Planning Division staff time to lead and manage the aforementioned program activities for Fiscal Year 2022-23, at County’s own expense;
WHEREAS, County has requested that each city within Ventura County contribute some funds for the remaining $120,000 of the total cost anticipated for completing the Farmworker Housing Survey;
WHEREAS, County requests a funding contribution amount from each city toward the Farmworker Housing Survey as set forth in Exhibit A hereto based on each city’s respective, key characteristics including population, acreage, number of housing units included in each city’s regional housing need allocation provided by the state, and estimated crop acreage in each city and its area of interest; WHEREAS, City desires to contribute the funding requested by County for the Farmworker Housing Survey; and
WHEREAS, the parties desire to memorialize their mutual understanding of these matters in this MOU.
287
3 AGREEMENT
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section 1. The above recitals are incorporated by reference and made a part of this MOU.
Section 2. County agrees to contribute One-Hundred Thirty Thousand Dollars ($130,000.00) of the total anticipated cost of completing the Farmworker Housing Survey (Phases 2 and 3). County also agrees to contribute County staff time, at County’s own expense, to lead and manage completion of the Farmworker Housing Survey by the Survey Consultant.
Section 3. City agrees to pay to County its respective minimum contribution amount as stated in Exhibit A to this MOU toward the anticipated cost of completing the Farmworker Housing Survey (Phases 2 and 3) within 60 days of the Effective Date.
Section 4. Following completion of the Farmworker Housing Survey, County will provide City with the following:
A. A survey report with details of the survey results, including an assessment of farm labor patterns in the County and their current housing needs, land use constraints, and infrastructure barriers;
B. Survey data collected, which may be filtered by jurisdiction; and C. A draft scope of work for the Farmworker Housing Study Consultant for Phases 4 and 5, to be conducted in FY 2023-24.
Section 5. Miscellaneous.
A. Integrated Agreement. This MOU is an integrated agreement and constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, communications, representations, or warranties, whether oral or written, by either party or any agent, officer, partner, employee, or representative of either party.
B. Amendments. This MOU may not be modified, altered, amended, or rescinded except by an instrument in writing, which is signed by both parties hereto.
C. Notices. All notices pursuant to, or in furtherance of the purposes of, this MOU shall be in writing and personally delivered, or sent by overnight mail, registered or certified mail, postage prepaid, or facsimile, addressed as follows:
288
4 To City: _________________________
_________________________
_________________________
_________________________
_________________________
To County: Kimberly L. Prillhart
Director, Resource Management Agency
County of Ventura
800 S. Victoria Ave., L#1740
Ventura, CA 93009-1700
Such addresses may be changed from time to time by the addressee by serving notice as heretofore provided. Service of such notice or demand shall be deemed complete on the date of actual delivery as shown by the addressee’s registry or certification receipt or at the expiration of the third day after the date of mailing (whether or not actually received by the addressee), whichever is earlier in time.
D. Third Party Beneficiaries. No term or provision of this MOU is intended to or shall be for the benefit of any person or entity not a party hereto, and no such other person or entity shall have any right or cause of action hereunder.
E. Defense and Indemnity. County agrees to indemnify, hold harmless and defend at its sole expense, with counsel reasonably acceptable to City, any third party claims, actions, proceedings, demands, judgments, damages, fines and liabilities of whatever nature (Claims and Liabilities) against City and all of City’s officials, boards, agencies, departments, officers, employees, agents and volunteers (City Parties) arising from or related to this MOU or the Farmworker Housing Survey, unless the Claims and Liabilities be caused by the sole active negligence or willful misconduct of City Parties.
F. Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, and may be executed by way of electronic signature.
Electronic signatures shall be considered original signatures for all purposes and shall have the same force and effect as an original signature. 289
5 IN WITNESS WHEREOF, the undersigned each has executed this MOU as of the date written below.
COUNTY OF VENTURA
Date: By:
Kimberly L. Prillhart, Director, County of
Ventura Resource Management Agency
[CITY]
[Signature] [Date]
[Name] [Title]
Attachment: Exhibit A
290
6 EXHIBIT A
Funding distribution, by jurisdiction, for Countywide Farmworker Housing Study for FY 2022-23
Funding Source Total
Population
(ACS 2014-
2018)
Total acres in
jurisdiction
Total RHNA
(2021-29)
Minimum
Funding
Contribution
LEAP grant (County) $75,000
City of Camarillo 67,543 12,640 1,376 $15,000
City of Fillmore 15,598 2,111 415 $9,000
City of Moorpark 36,274 7,982 1,289 $9,000
City of Ojai 7,555 2,795 53 $5,500
City of Oxnard 207,568 17,341 8,549 $22,000
City of Port Hueneme 22,215 2,884 125 $5,500
City of Santa Paula 30,258 3,654 657 $9,000
City of Simi Valley 126,199 27,053 2,793 $15,000
City of Thousand Oaks 128,481 35,486 2,621 $15,000
City of Ventura 110,234 14,208 5,312 $15,000
County of Ventura 96,187 1,046,593 1,262 $55,000
TOTAL $250,000
291
ATTACHMENT B
FARMWORKER HOUSING STUDY
PROJECT PHASES AND TIMELINE
292
Project Phases &Timeline
293
Santa Paula City Council Tentative Agenda Schedule
Updated 11/10/2022
DEPARTMENT MEETING
DATE ITEM DESCRIPTION
Admin December 7, 2022 Proclamation – Mr. Moreno 100 Year Birthday PR Visitor from the North Pole
Admin General Election Declaring Results
Admin Seating of Elected Officials
Admin Election of Mayor and Vice Mayor
Admin December 21, 2022 Adoption of 2023 Council Meeting Calendar P & R Parks & Recreation Department Report
Finance Bonding Rate for Harvest Project CFD No. 1
Admin Appointments to the Mayor’s Standing and Ad Hoc
Committees
PD Cops Grant
Admin Contract Extension with Merchant McIntyre
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
294