Agenda packet, regular meeting — Santa Paula City Council, December 7, 2022

City of Santa Paula
City Council

MAYOR JENNY CROSSWHITE

VICE MAYOR ANDY SOBEL

COUNCILMEMBER RICHARD ARAIZA

COUNCILMEMBER CARLOS JUAREZ

COUNCILMEMBER LESLIE CORNEJO

CITY COUNCIL REGULAR MEETING OF THE

SANTA PAULA CITY COUNCIL
WEDNESDAY, DECEMBER 7, 2022
6:30 PM - City Council Regular Meeting

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

JULIE LATSHAW, CITY CLERK

DAN SINGER, CITY MANAGER

MONICA CASTILLO, INTERIM CITY ATTORNEY
City of Santa Paula - City Council - City Council Regular Meeting 1

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

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

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

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

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

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

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

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

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

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

2. INVOCATION

3. FLAG SALUTE

4. ROLL CALL

5. CLOSED SESSION REPORT

6. PRESENTATIONS

6.A PROCLAMATION - ABRAHAM MORENO, SR. 100TH BIRTHDAY

6.B VISITOR FROM THE NORTH POLE

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

8. CITY COUNCIL REPORTS

9. CITY MANAGER REPORTS

10. CONSENT CALENDAR
Background information has been provided to the City Council on all matters listed under the Consent Calendar and these items are considered to be routine by the City Council and are normally approved by one motion. If discussion is requested by a participate in this meeting, please contact the City Clerk at (805) 933-4208. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35, 102-35.104 ADA Title II). Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s office.

REGULAR MATTERS - COUNCIL CHAMBERS
City of Santa Paula - City Council - City Council Regular Meeting 3 Councilmember on any item, or a member of the public wishes to comment on an item, that item may be removed from the Consent Calendar for separate action.

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

COMMITTEE, BOARD AND OTHER CITY BODIES, MEETINGS
PURSUANT TO AB 361
RECOMMENDATION:

Staff recommends that the City Council:

1. Extend Approval to hold Virtual City Council, Commission, Board, and other City Bodies Meetings Pursuant to AB 361.

10.B APPROVE MINUTES
City Council Closed Session Minutes for November 16, 2022 City Council Regular Minutes for November 16, 2022

10.C FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

MERCHANT MCINTYRE AND ASSOCIATES FOR LEGISLATIVE

ADVOCACY SERVICES
RECOMMENDATION:

Staff recommends City Council:

1. Authorize the City Manager to execute a first amendment to the professional services agreement with Merchant McIntyre and Associates (MMA) for federal legislative advocacy services, extending the term through the end of the fiscal year, from September 16, 2022 through June 30, 2023, and increasing the not-to-exceed amount to $96,000.

10.D FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

TRIPEPI SMITH AND ASSOCIATES FOR MEDIA RELATIONS AND

PUBLIC INFORMATION SERVICES
RECOMMENDATION:

Staff recommends City Council:

1. Authorize the City Manager to execute a first amendment to the professional services agreement with Tripepi Smith and Associates (TSA) for media relations and public information services, extending the term through the end of the fiscal year, from January 1, 2023 through June 30, 2023, and increasing the not-to-exceed amount to $75,000.

10.E SECOND READING AND ADOPTION OF ORDINANCE NO. 1325 TO

GRANT A NATURAL GAS FRANCHISE TO CARBON CALIFORNIA

MIDSTREAM, LLC
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Ordinance No. 1325 to Grant a Natural Gas Franchise to Carbon California Midstream, LLC.

City of Santa Paula - City Council - City Council Regular Meeting 4 Presented by: Clete J. Saunier, Public Works Director

10.F RESOLUTION NO. 7434 GRANTING THE CITY MANAGER

AUTHORIZATION TO TEMPORARILY ADJUST THE CITY'S POSITION

CONTROL LIST
RECOMMENDATION:

Adopt Resolution No. 7434, authorizing the City Manager to temporarily adjust adopted budgets and corresponding position control list as needed for a period not to exceed 90 days and to amend the position control list to reflect the category of recruit.

10.G ADOPTION OF RESOLUTION NO. 7433 RECITING THE FACT OF A

GENERAL MUNICIPAL ELECTION AND DECLARING ITS RESULTS
RECOMMENDATION:

Staff recommends that the City Council:

Adopt Resolution No. 7433 reciting the fact of the General Municipal Election held on November 8, 2022 and declaring the results and such other matters as provided by law.

11. SPECIAL PRESENTATION

11.A SPECIAL PRESENTATION FOR DEPARTING CITY COUNCIL MEMBER

12. ORDER OF BUSINESS

12.A ADMINISTER OATHS OF OFFICE FOR NEWLEY ELECTED CITY COUNCIL

MEMBERS

12.B SEATING OF NEWLY ELECTED CITY COUNCIL MEMBERS

12.C NEW ROLL CALL

12.D COMMENTS FROM NEWLY ELECTED CITY COUNCIL MEMBERS

12.E COMMENTS FROM OTHER COUNCIL MEMBERS

12.F PROCEDURES FOR ELECTION OF MAYOR AND VICE MAYOR
RECOMMENDATION:

Review procedure for election of Mayor and Vice Mayor and direct City Clerk to begin the Mayor selection process.

12.G SELECTION PROCESS FOR MAYOR

12.H GAVEL PLAQUE TO OUTGOING MAYOR PRESENTED BY NEW MAYOR

12.I SELECTION PROCESS FOR VICE MAYOR

13. ITEMS FOR FUTURE AGENDAS
City of Santa Paula - City Council - City Council Regular Meeting 5

13.A FUTURE AGENDA ITEMS

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

On_________________ at______________Signed:_________________________ Julie Latshaw
City Clerk
City of Santa Paula - City Council - City Council Regular Meeting 6 To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: EXTEND APPROVAL TO HOLD VIRTUAL CITY COUNCIL,

COMMISSION, COMMITTEE, BOARD AND OTHER CITY BODIES,
MEETINGS PURSUANT TO AB 361
Date: December 7, 2022
Agenda Item: 10.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Extend Approval to hold Virtual City Council, Commission, Board, and other City Bodies Meetings Pursuant to AB 361.

BACKGROUND:

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

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

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

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

ANALYSIS:

In order to continue to qualify for AB 361's waiver of Brown Act teleconference meeting requirements, the City Council must, within thirty (30) days of its first meeting under AB 361, and every thirty (30) days thereafter, make findings that (a) state or local officials continue to recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees. 7 The above conditions continue to exist at this time, and staff recommends the City Council by motion reconfirm the findings and determinations made in Resolution No. 7384 so that the City Council may continue to meet virtually under AB 361.

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

STRATEGIC PLAN:

None.

FISCAL IMPACTS:

There is no fiscal impact associated with this item.

OPTIONS:

1. Approve staff recommendations; or

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

ATTACHMENTS:
8 CITY OF SANTA PAULA
City Council Closed Session Meeting
November 16, 2022, 5:00 PM

MINUTES

CLOSED SESSION - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Crosswhite called the meeting to order at 5:00 p.m. 2) ROLL CALL
Members Present: Jenny Crosswhite, Andy Sobel, Carlos Juarez, and Leslie Cornejo
Members Absent: Richard Araiza
3) PUBLIC COMMENTS
None.
4) CLOSED SESSION

4.A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code 54956.9(d)(1) - Schladetzky v. City of Santa Paula, et al., Ventura County Superior Court Case No. 56-2022- 00563854-CU-OE-VTA

4.B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code § 54956.9(d)(1) - Fred and Elaine Malzacher Revocable Trust v. The City of Santa Paula; Ventura County Superior Court Case No. 56-2021-00552735-CU-TT-VTA

4.C) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code § 54956.9(d)(1) - Ventura County Fire Protection District, et al, v. Santa Clara Waste Water Company, et al, Ventura County Superior Court Case No. 56-2016-00484523-CU-POVTA

4.D) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code § 54956.9(d)(4) – Initiation of litigation; Cases: 1 - Continuation of settlement negotiations
9 4.E) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code § 54956.8
Property: 1001, 1003, and 1033 East Main Street, Santa Paula, California
Agency Negotiator: Dan Singer, City Manager
Councilmember Juarez recused himself from this item.

Councilmember Juarez recused himself from item 4.E.

Interim City Attorney Monica Castillo read the items that Council is moving into Closed Session.

Mayor Crosswhite adjourned to Closed Session at 5:01 p.m. 5) CLOSED SESSION REPORT
Interim City Attorney Monica Castillo reported out City Council recessed into Closed Session at approximately 5:00 p.m. on the above items. There was one reportable action taken on Item 4.E. In a vote 3-0, with Councilmember Juarez recusing himself and Councilmember Araiza absent, Council authorized the City Manager to enter into a nonbinding letter of intent to negotiate a real property transfer of the Oil Museum property to the City of Santa Paula and to authorize negotiations of that agreement.

Mayor Crosswhite added that the City of Santa Paula is pleased with this opportunity, knowing the importance of the property to the community. The City will be working to come to terms for the transfer to take over ownership of that property. Mayor Crosswhite also announced that Chevron, through its affiliate, Union Oil Company of California, has offered to potentially donate $2,000,000 to help the City address deferred maintenance on the building as part of that potential agreement. Much of the memorabilia is also potentially part of that transfer if we are able to come to terms.
6) ADJOURNMENT
Mayor Crosswhite adjourned the meeting to the City Council Regular meeting at 6:30 p.m.

Julie Latshaw, City Clerk
ATTEST:
10 CITY OF SANTA PAULA
City Council Regular Meeting
November 16, 2022, 6:30 PM

MINUTES

REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Crosswhite called the meeting to order at 6:30 p.m. 2) INVOCATION
Rev. Betty Stapleford provided the Invocation.
3) FLAG SALUTE
Councilmember Leslie Cornejo led the flag salute.
4) ROLL CALL
Members Present: Jenny Crosswhite, Andy Sobel, Carlos Juarez, and Leslie Cornejo
Members Absent: Richard Araiza
5) CLOSED SESSION REPORT
Interim City Attorney Monica Castillo reported out City Council recessed into Closed Session at approximately 5:00 p.m. on the below items. There was one reportable action taken on Item 4.E. In a vote 3-0, with Councilmember Juarez recusing himself and Councilmember Araiza absent, Council authorized the City Manager to enter into a nonbinding letter of intent to negotiate a real property transfer of the Oil Museum property to the City of Santa Paula and to authorize negotiations of that agreement.

4.D) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code § 54956.9(d)(4) – Initiation of litigation; Cases:
1 - Continuation of settlement negotiations

4.E) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code § 54956.8
Property: 1001, 1003, and 1033 East Main Street, Santa Paula, California Agency Negotiator: Dan Singer, City Manager
6) PRESENTATIONS

6.A) FAMILY COURT AWARENESS MONTH PROCLAMATION
Mayor Crosswhite presented the Family Court Awareness Month Proclamation to Tracey Mueller-Gibbs.

6.B) ATHENS ANNUAL RECYCLING AWARDS PRESENTATION
Jennifer Masterson, Director of Government Affairs for Athen Services, presented a presentation on recycling and presented awards to Glen City Elementary and Rabalais Bistro for their recycling. Also Manuel Minjares from Supervisor Long's office, and Michelle from Supervisor Bennett's office presented certificates.

6.C) MEASURE T OVERSIGHT COMMITTEE PRESENTATION
Caitlin Barringer, Measure T Oversite Committee Member, presented the annual report FY 2021/2022 revenues and expenditures of the City of Santa Paula local One-Cent Sales Tax.

6.D) VENTURA COUNTY FIRE DEPARTMENT QUARTERLY REPORT
Fire Chief Joseph Williamson presented the Ventura County Fire Department Quarterly Report.
7) PUBLIC COMMENT
12 John Marquez with the Santa Paula Chamber of Commerce presented a video of Santa Claus in sign language and provided information on the activities at the upcoming Santa Paula Christmas Parade.
8) CITY COUNCIL REPORTS
Councilmember Juarez:

Attended Senior Advisory Committee meeting; presentation by Los Promotoras; Quality Improvement Committee Employees Birthday; Chambers Taste; Veterans Day Ceramony; and Chamber Mixer.

Councilmember Cornejo:

Congratulated the Election Candidates; attended Housing at Harvest Ad Hoc meeting; Property Business Improvement District; and Chamber Mixer.

Vice Mayor Sobel:

Attended De Colores event; opening at the Art Museum; and Finance subcommittee meeting.

Mayor Crosswhite:

Attended Limoneira Lewis East Area Ad Hoc; met with representatives from Chevron; Finance Committee meeting; Ventura Council of Governments; Chamber Mixer; Veterans Day event; de Colores art show at the Ag Museum; School District townhall meeting; and celebrated our November employee birthdays.
9) CITY MANAGER REPORTS
City Manager Dan Singer:

Attended Veterans Day celebration, de Colores event, Taste of Santa Paula; Chamber Mixer, November employee birthday celebration; at negotiations around Harvest project; Finance Committee meeting; swearing in of new Interim Police Chief; meeting with Chevron; and expressed apology on his comment during a council meeting a few weeks ago regarding interpretation for Spanish language.
10) CONSENT CALENDAR

10.A) EXTEND APPROVAL TO HOLD VIRTUAL CITY COUNCIL,

COMMISSION, COMMITTEE, BOARD AND OTHER CITY BODIES,
MEETINGS PURSUANT TO AB 361

10.B) APPROVE MINUTES
Motion: Approve APPROVE MINUTES for City Council Regular Meeting - October 19, 2022 and City Council Regular Meeting - November 2, 2022, with correction to Item 10D that Council provided staff with direction to pursue streaming the Spanish language interpretation.

Moved by Jenny Crosswhite, seconded by Andy Sobel
Vote: Motion carried 4-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Leslie Cornejo 13 10.C) OCTOBER 2022 WARRANTS AND CERTIFICATIONS

10.D) APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH

MICHAEL BAKER INTERNATIONAL FOR DEVELOPMENT

PROJECTS

10.E) ADOPT RESOLUTION NO. 7427, AMENDING THE ADOPTED FY 2022-2023 SALARY SCHEDULE TO COMPORT WITH STATE

MINIMUM WAGE INCREASE

10.F) AUTHORIZATION TO ADVERTISE FOR BIDS FOR POLICE STATION IMPROVEMENTS PHASE 1
Motion: Approve Staff to advertise for bids for Police Station Improvements, Phase I, per the attached Bid Package.

Moved by Jenny Crosswhite, seconded by Leslie Cornejo
Vote: Motion carried 4-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Leslie Cornejo

10.G) RATIFICATION OF CERTAIN SECTION 507, SECTION 903, AND

APPENDIX B AMENDMENTS TO COUNTY FIRE CODE SET FORTH

IN VENTURA COUNTY FIRE PROTECTION DISTRICT ORDINANCE
NO. 32
Motion: Approve Resolution No. 7428 to (1) ratify certain Chapters 5, 9, and Appendix B amendments set forth in Ordinance No. 32 of the Ventura County Fire Protection District, allowing the VCFPD to enforce such building standards within the City of Santa Paula; (2) direct the Building Official to file a copy of the findings of the VCFPD together with a copy of the amendments with the California Department of Housing and Community Development and California Building Standards Commission; and (3) delegate enforcement of the amendments to the Fire District Chief.

Moved by Jenny Crosswhite, seconded by Andy Sobel
Vote: Motion carried 4-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Leslie Cornejo

10.H) 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

10.I) ACCEPTANCE OF EAST AREA 1 OFFSITE SEWER AND LIFT

STATION AND APPROVAL OF NOTICE OF COMPLETION (HARVEST

AT LIMONEIRA PROJECT)
Motion: Approve the East Area 1 offsite sewer and lift station completed by Limoneira Lewis Community Builders, LLC.; and authorize staff to execute the Notice of Completion, record the notice with the County Recorder, and make any changes necessary to effectuate the notice.

Moved by Carlos Juarez, seconded by Leslie Cornejo
Vote: Motion carried 4-0
14 Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Leslie Cornejo Councilmember Juarez requested item 10I pulled for discussion and separate vote. Mayor Crosswhite requested items 10B, 10F, and 10G pulled for discussion and separate vote.

Motion: Approve CONSENT CALENDAR Items 10A, 10C, 10D, 10E, and 10H.

Moved by Carlos Juarez, seconded by Andy Sobel
Vote: Motion carried 4-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Leslie Cornejo 11) PUBLIC HEARING

11.A) HEARING, WAIVER OF FIRST READING, AND INTRODUCTION OF ORDINANCE NO. 1325 TO GRANT NATURAL GAS FRANCHISE TO

CARBON CALIFORNIA MIDSTREAM, LLC
Mayor Crosswhite opened the Public Hearing.

Grant Orbach with Best Best and Kreager presented information on this item.

Public Comment by email from Jan Stevens expressing concerns on the agreement.

With no other comments, Mayor Crosswhite closed the Public Hearing.

Motion: Approve waiving the first reading and introduce the redline version of Ordinance No. 1325 to Grant Natural Gas Franchise to Carbon California, Midstream, LLC, and the legislative body finds the protest has been overruled.

Moved by Andy Sobel, seconded by Carlos Juarez
Vote: Motion carried 4-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Leslie Cornejo 12) ACTION ITEMS

12.A) FISCAL REVIEW: FY 21/22 YEAR END AND FY 22/23 Q1 FOLLOW UP
Finance Director Christy Ramirez presented this item.

Motion: Approve the additional budget allocations as noted in the Fiscal Impact section of this report.

Moved by Leslie Cornejo, seconded by Carlos Juarez
Vote: Motion carried 4-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Leslie Cornejo

12.B) ROUNDABOUT PRESENTATION
Motion: Approve Providing direction to staff to consider a mini roundabout at the intersection of 12th and Santa Paula Streets in lieu of a traffic signal.

Moved by Leslie Cornejo, seconded by Carlos Juarez
15 Vote: Motion carried 4-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Leslie Cornejo Rachel Williams with m6 Consulting, provided information on the roundabouts and how they work.

12.C) WASTEWATER SYSTEM CHLORIDE STUDY
Mike Nunley with MKN provided information on the wastewater system chloride study.

Motion: Approve directing 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 and talk with State Revolving Fund to see if we can get an extension.

Moved by Leslie Cornejo, seconded by Carlos Juarez
Vote: Motion carried 4-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Leslie Cornejo

12.D) MEMORANDUM OF UNDERSTANDING WITH VENTURA COUNTY

AND ALLOCATION OF FUNDS TO ASSIST IN THE FUNDING OF A

COUNTYWIDE FARMWORKER HOUSING STUDY AND ACTION
PLAN
James Mason, Community & Economic Development Director, presented this item.

Motion: Approve 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.

Moved by Carlos Juarez, seconded by Andy Sobel
Vote: Motion carried 4-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Leslie Cornejo 13) ITEMS FOR FUTURE AGENDAS

13.A) FUTURE AGENDA ITEMS
Councilmember Cornejo requested future item on agenda for discussions on a plan for street vendors.
14) ADJOURNMENT
Mayor Crosswhite adjourned the meeting at 10:05 p.m.
16 Julie Latshaw, City Clerk
ATTEST:
17 To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH MERCHANT MCINTYRE AND ASSOCIATES FOR LEGISLATIVE

ADVOCACY SERVICES
Date: December 7, 2022
Agenda Item: 10.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

BACKGROUND:

Over the past year, staff has worked closely with Merchant McIntyre and Associates (MMA) to represent the City of Santa Paula to respective government agencies in Sacramento, CA and Washington D.C. MMA’s services have included legislative monitoring and analysis, state and federal advocacy, and grant coordination and advocacy. MMA also provides monitoring of executive proposals and legislation, as well as administrative rules and regulations that may affect cities. Legislative advocacy services are also essential in identifying funding opportunities, grant applications and other special programs for which the City may qualify.

To date, MMA has worked with staff on the following initiatives for the City of Santa Paula:

1. Develop Funding Strategies:

1. Function as an extension of Santa Paula’s professional staff; and

2. Prepare a comprehensive Federal Funding Legislative Strategy and specific Action Plan so the City’s leadership can review and assess specific funding opportunities firsthand, and evaluate the City's strategies to secure that funding.

2. Implement Funding Strategies:

1. Schedule substantive discussions with members of Congress, Congressional staff, and agency officials in D.C. and California to highlight the City’s funding objectives.

2. Generate quality third-party support letters.
18 3. Ensure the City’s projects make the priority list of our Congressional champions.

3. Win Congressionally Directed Spending:

1. Help the City establish working relationships with key Congressional staff and Appropriations Committee staff to learn their criteria for award-worthy funding requests — long before request forms are publicly available. Drive the City’s Federal Congressional Direct Spending (CDS) requests through every step of the legislative process —subcommittee, full committee, floor action, conference committee — until they are signed into law by the President.

2. Manage the development of each funding request from start to finish. This includes the creation of timelines and deadlines management, and clarification of writing roles and responsibilities.

3. Develop and/or improve program design and specific application components.

4. Support all administration needs including federal submission portal requirements, forms, reporting, and compliance (as needed).

5. Finalize the funding request(s): provide multi-level reviews to ensure clarity, cohesiveness, and editorial input. Check budgets for cost-effectiveness, completeness, and accuracy.

Due to MMA’s efforts in 2022, the City of Santa Paula has secured support from federal legislators for the following initiatives:
$2,000,000 – United States Senator Alex Padilla
This project will install over 1.2 miles of vital utility pipeline to serve residents, businesses, and the greater Ventura County community.
$2,000,000 – California Congresswoman Julia Brownley
The funding would be used for the water and wastewater replacement portion of the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project — overall an approximately $16 million initiative. The $2 million request will install over 1.2 miles of utility pipeline, which will ensure the City can provide a reliable potable water distribution system and an efficient wastewater collection system to sustain operations in the community.
$500,000 - United States Senator for California Dianne Feinstein This funding would advance the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project, which will upgrade the City of Santa Paula water and sewer systems.

With several avenues of support for the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project, it is highly unlikely the City will secure all three funding recommendations for support. However, staff and MMA remain optimistic that either Senator Padilla or Congresswoman Brownley's support will make it through the appropriations process. At this time, the outcome of the appropriations process may not be known until early 2023.
19 ANALYSIS:

On September 21, 2022, the original agreement with MMA, which was entered into on March 21, 2022, was due to terminate. The original agreement was for a six-month trial period in the amount of $36,000. Prior to the termination of the agreement, staff and MMA mutually agreed to extend our agreement for an additional two months until staff could determine if funding would be available to extend the City's agreement with MMA through the end of the fiscal year.

Staff has now secured $70,000 in funding to extend the agreement with MMA through the end of the fiscal year, which is detailed in the fiscal impacts section below. Using these additional funds, the proposed amendment would increase the not-to-exceed amount by $60,000, resulting in a total not-to-exceed amount of $96,000.

STRATEGIC PLAN:

Approval of this item moves the City closer to obtaining funding to support multiple objectives in Council’s two-year Strategic Plan.

FISCAL IMPACTS:

The original contract term of March 2022 through September 2023 overlapped two fiscal years. The first half of the term was covered by FY 21/22 General Fund budget, however a funding allocation for the remainder of the term was required. On October 19, 2022, Council amended the City's FY 2022/23 budget, setting aside four months of lobbying services at $6,000 per month, or $24,000 to GL 100-5-0511-209, providing sufficient funding through October 2022.

On October 26, 2022, the Measure T Committee met and discussed the use of surplus funding for the last fiscal year and projected funding for the next fiscal year. On November 16, 2022, the Committee recommended and City Council approved $48,000 in GL 100-5-5022-509 to pay for MMA to seek grant and federal funding sources through the remainder of the fiscal year (8 more months covering November 2022 through June 2023). There is now sufficient funding to cover the proposed contract term.

OPTIONS:

As an alternative to staff's recommendation, the City Council has the following options:

1. Do not approve the amendment to the professional services agreement with MMA to provide legislative advocacy services. Doing so is not advised, as the City will most likely be the recipient of Federal Congressional Direct Spending (CDS) funds in the new year and the City, as a first-time recipient of these funds, will need the experience and guidance of MMA to navigate use of the funds, as well as reporting and compliance requirements; and/or

2. Provide staff with further direction.

ATTACHMENTS:

First Amendment Merchant McIntyre PSA.pdf
Exhibit A to First Amendment to MM PSA.pdf
20 65283.00001\40760248.1

FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SANTA PAULA AND MERCHANT MCINTYRE & ASSOCIATES, LLC THIS FIRST AMENDMENT (“Amendment”) is made and entered into this 7th day of December 2022, by and between the CITY OF SANTA PAULA, a California general law city and municipal corporation (“City”), and MERCHANT MCINTYRE & ASSOCIATES, LLC, a Delaware limited liability company (“Consultant”).

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

A. On March 21, 2022, the City and Consultant entered into an agreement for federal legislative advocacy and grant services (the “Agreement”).

B. The term of the Agreement was from March 16, 2022 to September 16, 2022.

C. The Consultant’s total compensation under the Agreement could not exceed $36,000.00 without written approval of the City Council or the City Manager, as applicable.

D. The City and Consultant now mutually desire by this Amendment to increase the Consultant’s total maximum compensation and extend the term of the Agreement as set forth below.

2. AMENDMENT. In consideration of the foregoing and pursuant to Sections 3.1.2, 3.2, and

3.7.14 of the Agreement, the Agreement is amended as follows:

A. Subsection 3.1.2, entitled “Term,” is hereby amended to read as follows:
“3.1.2 Term. The term of this Agreement shall be from March 16, 2022 to June 30, 2023 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional one-year term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.”
B. Subsection 3.2.1, entitled “Compensation,” is hereby amended to read as follows:
“3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed ninety-six thousand dollars ($96,000.00) without written 21 65283.00001\40760248.1
approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

3. COUNTERPARTS. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

4. LIMITED AMENDMENT. Except as modified by this Amendment, all other terms and conditions of the Agreement remain in full force and effect. Whenever the term “Agreement” is used in the Agreement it shall mean the Agreement, as modified by this Amendment. In the event of a conflict between this Amendment and the Agreement, the provisions of this Amendment shall control.
[Signatures on Next Page]
22 65283.00001\40760248.1

SIGNATURE PAGE TO

THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SANTA PAULA AND MERCHANT MCINTYRE & ASSOCIATES, LLC IN WITNESS WHEREOF, the duly authorized representatives of the City and Consultant have executed this Amendment effective as of the first day and year written above.

CITY OF SANTA PAULA MERCHANT MCINTYRE & ASSOCIATES,
LLC
____________________________________ ______________________________ Dan Singer, City Manager Brent Walton Merchant, Principal and CoFounder ATTEST:
____________________________________ __81-5238967__________________ Julie Latshaw, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:
_____________________________________
Monica Castillo, Interim City Attorney
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH TRIPEPI SMITH AND ASSOCIATES FOR MEDIA RELATIONS AND

PUBLIC INFORMATION SERVICES
Date: December 7, 2022
Agenda Item: 10.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

BACKGROUND:

Over the past three years, staff has worked closely with Tripepi Smith and Associates (TSA) to assist the City of Santa Paula with media relations and public information efforts on several fronts.

Most recently, TSA has assisted with the following scope of services to assist staff with bolstering our outreach and public engagement efforts:

Weekly check-in and strategy calls – These phone calls typically last up to 30 minutes and have detailed agendas and notes. After each call, the client sends an action summary email about decisions made on the phone call and related action items. Calls focus on story plans, new issues or concerns that need to be communicated, identification of major themes or ideas to address in the coming weeks and review of recent comments and social media posts.
2 articles/releases per month – Each article or press release is up to 500 words in length. The City chooses the stories while taking into consideration suggestions by Tripepi Smith. The City makes internal subject matter experts available to aid the development of the stories. The City provides access to the City’s website for posting and a media release list for use by Tripepi Smith where a press release scenario is desired. The City facilitates timely approval of quotes in press releases when attributed to City Staff or City Councilmembers.
38 Social media monitoring – Tripepi Smith monitors posts and inboxes for questions and comments on the City of Santa Paula’s main Facebook, Instagram, Twitter and Nextdoor pages. When appropriate, responses are drafted, which will occasionally require factchecking and seeking out guidance from the City. Additionally, ongoing general online monitoring of other local jurisdictions and local Facebook Groups is conducted to track posts about community needs, priorities, and issues.

Quarterly metrics report – Each quarter Tripepi Smith provides a summary report in PDF format of basic metrics (reach, posts, engagement, etc.) related to City-controlled social media platforms and the City's website, as well as media coverage highlights.

ANALYSIS:

On December 31, 2022, the original agreement with TSA, which was entered into on January 1, 2022, is set to expire. The original agreement was for a twelve-month period in an amount not to exceed $50,000.

Although the agreement with TSA is due to expire this calendar year, funding to support an agreement with TSA was budgeted for in the FY 2022/2023 budget under GL 412-5-0511-209 for $55,000. This amendment to the original agreement will increase the not-to-exceed amount to $75,000 and allow staff to work with TSA through the end of the fiscal year by extending the agreement six more months.

Aligning this service agreement with the City's fiscal year helps the City with its fiscal planning and forecasting, especially with a multi-year budget cycle.

STRATEGIC PLAN:

Approval of this item does not further any specific objective in Council’s two-year Strategic Plan.

FISCAL IMPACTS:

On June 23, 2021, Council allocated $55,000 in FY 2022/2023 of American Rescue Plan Act (ARPA) funds at the adoption of the two-year budget under GL 412-5-0511-209 for professional services from TSA. This contract amendment will keep costs below the budgeted amount of $55,000.

OPTIONS:

As an alternative to staff's recommendation, the City Council has the following options:

1. Do not approve the amendment to the agreement with TSA to provide media relations and public information services; and/or

2. Provide staff with further direction.

ATTACHMENTS:

First Amendment to Tripepi Smith PSA.pdf
Exhibit A to 1st Amendment to Tripepi Smith PSA.pdf
39 40
65283.00001\40875410.2

FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT

BETWEEN
TRIPEPI SMITH AND ASSOCIATES, INC.

THIS FIRST AMENDMENT (“Amendment”) is made and entered into this 7th day of December 2022, by and between the CITY OF SANTA PAULA, a California general law city and municipal corporation (“City”), and TRIPEPI SMITH AND ASSOCIATES, INC., a California Corporation (“Consultant”).

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

A. On January 1, 2022 the City and Consultant entered into an agreement for media relations and public information services (the “Agreement”).

B. The term of the Agreement is from January 1, 2022 to December 31, 2022.

C. The Consultant’s total compensation under the Agreement could not exceed $50,000.00 without written approval of the City Council or the City Manager, as applicable.

D. The City and Consultant now mutually desire by this Amendment to increase the Consultant’s total maximum compensation by $25,000.00 and extend the term of the Agreement by six months as set forth below.

2. AMENDMENT. In consideration of the foregoing and pursuant to Sections 1, 7, and 28 of the Agreement, the Agreement is amended as follows:

A. Subsection 1.C., under Section 1, entitled “Consideration and Compensation,” is hereby amended to read as follows:
“1.C. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed seventy-five thousand dollars ($75,000.00). Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
B. Section 7, entitled “Term of Agreement,” is hereby amended to read as follows:
“7. Term of Agreement. The term of this Agreement shall be from January 1, 2022 to June 30, 2023 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.” 41 65283.00001\40875410.2

3. COUNTERPARTS. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

SIGNATURE PAGE TO

THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF SANTA PAULA AND TRIPEPI SMITH AND ASSOCIATES, INC.

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

CITY OF SANTA PAULA TRIPEPI SMITH AND ASSOCIATES, INC.
____________________________________ ______________________________ Dan Singer, City Manager Ryder Todd Smith, President
ATTEST:
____________________________________ __731642614__________________ Julie Latshaw, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:
_____________________________________
Monica Castillo, Interim City Attorney
43 EXHIBIT A

SCOPE OF SERVICES
Tripepi Smith will provide the following services for a fixed monthly retainer fee of $3,675.00, to be paid on the 15th of each month for that month of service (e.g. we invoice on January 15 for the month of January).
• Weekly check-in and strategy calls – These phone calls will typically last up to 30 minutes and will have a detailed agenda and notes. After each call, the client will be sent an action summary email about decisions made on the phone call and related action steps. Call content will focus on story plans, new issues or concerns that need to be communicated, identification of major themes or ideas to address in the coming weeks and review of recent comments and social media posts. • 2 articles/releases per month – Each article or press release will be up to 500 words in length. The allocation of stories will be direct by the City with suggestions by Tripepi Smith. The City will make internal subject matter experts available to aid the development of the stories. The City will provide access to the City’s website for posting and a media release list for use by Tripepi Smith where a press release scenario is desired. The City will facilitate timely approval of quotes in the release when connected with City Staff or City Councilmembers.
• Social media monitoring – Tripepi Smith will monitor posts and inboxes for questions and comments on the City of Santa Paula’s main Facebook, Instagram, Twitter and Nextdoor pages. When appropriate, responses will be drafted, which will occasionally require fact-checking and seeking out guidance from the City. Additionally, ongoing general online monitoring of other local jurisdictions and local Facebook Groups will be conducted to track posts to share, community needs, priorities and issues. • Quarterly metrics report – Each quarter Tripepi Smith will provide a summary report in PDF format of the basic metrics (reach, posts, engagement, etc.) related to City controlled social media platforms and website, as well as media coverage highlghts.

With a total of $22,050 going toward toward the retainer ($3,675/month for 6 months), this will leave $2,950 available for ad hoc support such as graphic design, video projects, social media content creation, additional press releases, etc. 44

Page 2 of 4 ends

EXHIBIT B

AD HOC SERVICES AND OTHER BILLING INFORMATION
The following rates schedule applies to our work that is outside the fixed scope of services noted in Exhibit A:

If there comes the need for any additional ad hoc services, Tripepi Smith is ready to provide those services and is providing our hourly rates for the full array of our resources to support City communication efforts.

Hourly - Ad Hoc* Hourly - Retainer
Principal $324.00 $265.00
Director $216.00 $189.00
Art Director $216.00 $189.00
Senior Business Analyst $173.00 $151.00
Business Analyst $119.00 $108.00
Junior Business Analyst $92.00 $81.00
Senior Videographer/Animator $173.00 $157.00
Senior Photographer $157.00 $141.00
Photographer/Videographer $119.00 $108.00
Senior Graphic Designer $157.00 $141.00
Graphic Designer $119.00 $108.00
Junior Graphic Designer $92.00 $81.00
Web Developer $173.00 $151.00
Drone Operator $173.00 $157.00
This contract assumes the use of the “Hourly - Ad Hoc” rates listed above for all work outside the scope of our retainer listed in Exhibit A. Should the City of Santa Paula’s retainer ever exceed $6,500 per month, it would then be eligible to access our reduced “Hourly - Retainer” rates for ad hoc work performed.

Time at Tripepi Smith is billed in 15-minute increments – i.e. we invoice our time in the following examples: 1.25, .75, 4 or 6.5 hours.

If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s Standard Rate. Travel costs will be reimbursed when agreed upon by the client. 45

Page 3 of 4 ends

Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent (5%) or the regional Consumer Price Index (CPI)—whichever is higher—each year on the anniversary of the contract, beginning calendar year 2024.

Other Fees
Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during the course of our engagement that we want to tell you about.

Equipment Fees
Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply:

Half Day Full Day
Video Equipment $350 $550
Drone Equipment N/A $500
$550 for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting four (4) or more hours. $350 for a half day of video equipment use. Half day is defined as anything up to four hours of video production. All such expenses will be authorized by the organization prior to fee being assessed. $500/day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate).

Printing & Advertising Fees
Client Pays Directly Client Reimburses TS
Print costs, digital promotion, media
placement No Fees 10%
Print Costs: Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience. Tripepi Smith typically has the printer bill the client directly for work. Tripepi Smith makes no money on print services and has no economic interest in the selected print vendor other than ensuring quality and fair pricing for our clients. If Tripepi Smith is asked to pay the bill for the client, we will apply a 10% agency fee to the reimbursement expense.

Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees. Tripepi Smith typically uses a client’s credit card to cover such fees, and those fees are impossible to estimate at this time without our firm being engaged in the work with the team. If a Tripepi 46

Page 4 of 4 ends

Smith credit card is used to run the advertising campaign, then we will charge an additional 10% agency fee on all advertising charges to compensate for the administrative overhead.

Media Placement: Purchase fees for advertising media space is not included on Tripepi Smith advertising proposals. Usually, clients contract directly with media, but in the event Tripepi Smith covers these fees, then we will charge an additional 10% agency fee on all advertising charges to compensate for the administrative overhead. 47 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: SECOND READING AND ADOPTION OF ORDINANCE NO. 1325 TO

GRANT A NATURAL GAS FRANCHISE TO CARBON CALIFORNIA

MIDSTREAM, LLC
Date: December 7, 2022
Agenda Item: 10.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Ordinance No. 1325 to Grant a 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 a hearing was set and noticed for November 16, 2022, as required by the applicable statutory authority, section 6201 et seq. of the Public Utilities Code (the “Act”).

At its November 16, 2022, meeting, the City Council conducted a public hearing as to whether to grant the franchise set forth in the draft Ordinance No. 1325 to Grant a Natural Gas Franchise to Carbon California, Midstream, LLC, and, after receiving one protest which was heard and determined by the City Council to be overruled or denied, proceeded with waiving the first reading and introduced Ordinance No. 1325 to Grant a Natural Gas Franchise to Carbon California Midstream, LLC, as amended.

Pursuant to subdivision (c)(2) of section 36933 of the Government Code, notice of the proposed adoption of Ordinance No. 1325 to Grant a Natural Gas Franchise to Carbon California Midstream, LLC, contemplated in this item, was published on November 30, 2022, in the Santa Paula Times.

ANALYSIS:

As required by the Act, the November 16, 2022 hearing was convened for the following 48 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 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.

Government Code section 36934 describes the process to enact ordinances and provides:

Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting.

Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section.

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 Sulphur 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 investigated the potential franchisee’s suitability and will be available to speak to such concerns. City staff also anticipates that a representative of the potential franchisee will be in attendance to address the City Council.

STRATEGIC PLAN:

This item has no impact on the City's Strategic Plan.

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 subdivision (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 49 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 adopt Ordinance No. 1325; and/or

2. Give further direction to staff.

ATTACHMENTS:

Exhibit A Ordinance No 1325.pdf
50 EXHIBIT A
ORDINANCE NO. 1325 TO GRANT A NATURAL GAS
FRANCHISE TO CARBON CALIFORNIA MIDSTREAM, LLC.
51 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 continue to lay and use existing pipes and appurtenances for transmitting and distributing natural gas from the Sulphur 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.
52 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.

M. “Ordinance” means this Ordinance No. 1325.
53 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 one year 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. 54 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)

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 (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. 55 5
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. If the lineal feet and/or internal diameter of the pipeline changes during the course of this Ordinance, then 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; (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.
56 6
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 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 57 7
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 Ordinance 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 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. 58 8
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 Ordinance 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 Ordinance, 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 Ordinance, or its performance, Grantee will defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify 59 9
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 Ordinance 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 Ordinance, 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 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.
60 10
D. Should Grantee, for any reason, fail to obtain and maintain the insurance required by this Ordinance, 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 permitted by this Ordinance, 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 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 61 11
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 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 62 12
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 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 63 13
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.

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 64 14
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, pandemic, 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
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 65 15
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, or its substantial equivalent in the form of an irrevocable standby letter of credit in a form and from an issuer reasonably acceptable to City in its sole and absolute discretion. 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. The Grantee shall, as a condition of proposing an irrevocable standby letter of credit in lieu of a bond, deposit with the City the sum the City reasonably estimates will be its costs and expenses to review such irrevocable standby letter of credit and shall reimburse City from such deposit and from such other funds as are reasonably necessary for all costs and expenses, including attorney’s fees and costs, incurred by the City in connection with such review.

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 Ordinance. 66 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 Ordinance or the documents and agreements referred to in this Ordinance.

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 Ordinance. 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 67 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
68 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
69 EXHIBIT A
Franchisee Pipeline Map
70 71
To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: RESOLUTION NO. 7434 GRANTING THE CITY MANAGER

AUTHORIZATION TO TEMPORARILY ADJUST THE CITY'S POSITION

CONTROL LIST
Date: December 7, 2022
Agenda Item: 10.F

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

BACKGROUND:

During the Special City Council meeting of June 23, 2022, Council adopted Resolution No. 7413, authorizing a one-time temporary amendment to the adopted FY 21-23 Budget and the corresponding Position Control List for public safety to allow for the temporary over-hiring of one sworn officer. Council’s support allowed for the hiring of three new academy-complete recruits, whereas only two open positions existed. One week after the Council’s action, a resignation brought the department back in alignment.

Also at the June 23 meeting, it was suggested that in the future, the Position Control List might make accommodations for the classification of “Police Recruit.” Since the selection and academy process can take 9-12 months before a perspective recruit is ready for service, allowing the City to hire and send selected candidates to a police academy helps us to fill future vacancies instead of waiting for those vacancies to occur.

ANALYSIS:

Since the time that Resolution No. 7413 was adopted by the Council, we have had additional shifts in staffing that require Council to consider a more permanent solution. Proposed Resolution No. 7434 attached to this report offers such a solution. Resolution No. 7434 would authorize the Personnel Officer (City Manager) to temporarily adjust adopted budgets and corresponding position control lists, as needed, to address special circumstances that may require the overlap of positions.

The Resolution would allow the Personnel Officer the flexibility to make temporary adjustments to better meet the immediate citywide needs going forward during times of transition and succession planning, without the need to go to Council with a temporary request to amend the 72 adopted position control list and increase the number of full-time equivalent positions.

For example, if the City anticipates the retirement of an employee in a more specialized position, Resolution No. 7434 would grant the Personnel Officer the authority to temporarily over-hire a new employee that will fill the vacancy that will be created by the retirement, for up to 90 days. This would allow the retiring employee more adequate time to share their knowledge and skills when training the new employee who will assume the position and, in turn, provide the new employee with a better opportunity to succeed in their new role. This could also apply to situations when we may run the risk of losing highly qualified candidates to other organizations.

All permanent requests for changes to the Council’s adopted budget and position control list will continue to be brought to Council for consideration and approval.

PERSONNEL IMPACTS: The adoption of Resolution No. 7434, will authorize the temporary placement and/or over-hiring of positions that have not been included in the current and future position control list for periods not to exceed 90 days. It will also add a line item for Police Recruit on the Position Control List.

STRATEGIC PLAN:

FISCAL IMPACTS:

While the adoption of Resolution 7434 has no direct fiscal impact, the eventual temporary over-hiring of employees could have monetary impacts. Should such impacts increase expenses beyond the Council-adopted budget, the action would require Council approval.

OPTIONS:

As an alterative to staff's recommendation, the City Council may:

1. Decline to approve staff's recommendation; and/or

2. Provide staff with further direction.

ATTACHMENTS:

Resolution No. 7434.docx
73 RESOLUTION NO. 7434

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA

AUTHORIZING THE PERSONNEL OFFICER (CITY MANAGER) TO

TEMPORARILY ADJUST ADOPTED BUDGETS AND CORRESPONDING

POSITION CONTROL LISTS AS NEEDED FOR A PERIOD NOT TO EXCEED 90 DAYS
The City Council for the City of Santa Paula does resolve as follows:

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

A. On June 23, 2021, the City Council adopted Resolution No. 7347 to approve the 2021-23 Budget, Position Control List and Salary Schedule.

The Position Control List was amended on June 23, 2022 to temporarily authorize the Personnel Officer to adjust public safety staffing levels.

B. “Personnel Officer” means the City Manager or his or her successor in function.

C. The overlap or overhiring of positions is necessary from time to time to address critical organizational needs such as succession planning.

D. The intent of this Resolution is to allow the Personnel Officer flexibility to hire an employee temporarily to address an immediate need of the City that must be addressed before City Council is able to take necessary action to approve the position.

SECTION 2: The City Council hereby authorizes the Personnel Officer to temporarily adjust adopted budgets and corresponding Position Control Lists at any time to address special circumstances for periods not to exceed 90 days. All requests for permanent changes to adopted budgets and position control lists will continue to require Council approval.

SECTION 3: The City Council also hereby authorizes adding three (3) Police Recruit designations to the Position Control List.

SECTION 4: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED, ADOPTED, and APPROVED this 7th day of December 2022. 74 ____________________
Jenny Crosswhite, Mayor
City of Santa Paula
ATTEST:
_________________________
Julie Latshaw, City Clerk
Approved as to form:
_______________________________
Monica Castillo, Interim City Attorney
Approved as to content:
_______________________________
Dan Singer, City Manager
75 To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: ADOPTION OF RESOLUTION NO. 7433 RECITING THE FACT OF A

GENERAL MUNICIPAL ELECTION AND DECLARING ITS RESULTS
Date: December 7, 2022
Agenda Item: 10.G

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

Adopt Resolution No. 7433 reciting the fact of the General Municipal Election held on November 8, 2022 and declaring the results and such other matters as provided by law.

BACKGROUND:

On November 8, 2022, a Municipal Election was conducted in the City of Santa Paula to consider the election of three City Council members for four-year terms. In accordance with Resolution No. 7407, the Municipal Election was consolidated with the Statewide General Election. The City Council authorized the Ventura County Registrar of Voters to canvass the returns.

The Ventura County Registrar of Voters is in the process of finalizing the counted ballots and canvassed returns. The final results will be available and attached and made a part of Resolution No. 7433 upon receipt of certified results by the Elections Office on or before December 7, 2022.

Resolution No. 7433 must be adopted by the City Council to officially declare the results of the election. Voters were asked to vote for three candidates. The vote totals below are preliminary and subject to the final declaration by the Ventura County of Registrar of Voters.

The results as of November 29, 2022, 2:00 PM are as follows:

Jenny Crosswhite - 3472
Pedro Chavez - 3462
Carlos Juarez - 3227
Manuel Minjares - 2651
Judy Klement - 1402
ANALYSIS:

None.
76 STRATEGIC PLAN:

None.

FISCAL IMPACTS:

None.

OPTIONS:

1. Resolution No. 7433 must be adopted by the City Council to officially declare the results of the election.

ATTACHMENTS:

Reso 7433 General Municipal Elections - DRAFT.DOCX
77

Page 1 of 3 ends

RESOLUTION NO. 7433

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA

RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER

MATTERS PROVIDED BY PROVISION OF LAW
The City Council of the City of Santa Paula does resolve as follows:

SECTION 1: The City Council finds and declares as follows A. A General Municipal Election was held and conducted by the Ventura County Clerk-Recorder, Registrar of Voters on Tuesday, November 8, 2022, as required by law;
B. Notice of the election was given in time, form and manner as prescribed by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California, for the holding of elections in general law cities;
C. The Registrar of Voters of the County of Ventura canvassed the returns of the election and has certified the results as attached hereto made a part hereof as "Exhibit A" to this resolution.

SECTION 2. The total ballots cast at the City of Santa Paula General Municipal Election are __________.

SECTION 3: The names of persons voted for at the election for Member of the City Council are as follows:

Jenny Crosswhite __________
Pedro Chavez __________
Carlos Juarez __________
Manuel Minjares __________
Judy Klement __________
SECTION 4: That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in "Exhibit A." SECTION 5: The City Council does declare and determine that:
78

Page 2 of 3 ends

Jenny Crosswhite was elected as Member of the City Council for the full term of four years;
Pedro Chavez was elected as Member of the City Council for the full term of four years; and
Carlos Juarez was elected as Member of the City Council for the full term of four years.

SECTION 5: The City Clerk is directed to enter in the City's records a statement of the result of the election, showing: (1) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3) for what office each person was voted; (4) the total number of votes given to each person.

SECTION 6: The City Clerk will immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; the City Clerk will also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and will have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected will then be inducted into the respective office to which they have been elected.

SECTION 7: The City Clerk shall attest and certify to the passage and adoption of this Resolution and it should become effective immediately upon its approval.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Santa Paula this 7th day of December, 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
79

Page 3 of 3 ends

EXHIBIT A
TO RESOLUTION NO. 7433
(Exhibit A attachment will be added on December 7, 2022, when the Ventura County Elections Division certifies the final results)
80 To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: PROCEDURES FOR ELECTION OF MAYOR AND VICE MAYOR Date: December 7, 2022
Agenda Item: 12.F

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Review procedure for election of Mayor and Vice Mayor and direct City Clerk to begin the Mayor selection process.

BACKGROUND:

In Santa Paula, the Mayor and Vice Mayor are selected by the Council from among its members annually at its first regular meeting in December of each year. The Mayor and Vice Mayor serve at the pleasure of the Council for a term of approximately one year, or until the next Mayor and Vice Mayor have been selected.

At its August 19, 2020 meeting, the Council adopted Resolution No. 7294, adding guidelines related to the selection of the Mayor and Vice Mayor that were included in the Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings (attached is Resolution No. 7294, sections 9.1 and 9.2 of the procedural guidelines updated, and staff report from that meeting).

Among those additions, Section 9.1 was amended to read:
“Although a ceremonial position, the Mayor occupies the highest office in the municipal government and is expected to provide the leadership necessary to keep the city moving in the proper direction. Effective mayors are not only as leaders staking out policy positions, but also facilitators of effective teamwork. The Mayor shepherds the City through public meetings and in doing so must ensure the Council’s important policy issues and long-term future concerns are fairly debated by the entire Council for the benefit of the public." "Each Member elected to the Council is equally qualified and deserving to hold the offices of Mayor and Vice Mayor and each Councilmember should be given ample opportunity to serve in one or both of these offices.”
The Council also imposed a tenure requirement on the Mayor position. Section 9.2(c) now requires:
81 * The Councilmember appointed as Mayor must have been a Member of the Council for approximately two years.
* In the absence of a Councilmember with sufficient tenure on the Council, priority should be given first to any Member who has not previously served as Mayor or Vice Mayor, and thereafter to the Member with the longest continuous service since last serving as Mayor or Vice Mayor.

Section 9.2(d) governs the selection of the Vice Mayor:
* The election of the Vice Mayor will be conducted in the same manner as the election of the Mayor, except that it is generally expected, although not mandatory, that the Vice Mayor should succeed to the office of Mayor.

ANALYSIS:

The process for selecting the Mayor and Vice Mayor will be facilitated by the City Clerk. Once the City Clerk declares the office of Mayor vacant and nominations open, any member of the City Council may nominate a member of the City Council as Mayor, including him or herself.

No second to a nomination is required.

After nominations have been closed, the Council can debate the nominations. The Clerk will then call for the vote on the election of the Mayor in the order the nominations were made. The first Councilmember receiving the vote of a majority of the City Council will serve as Mayor. If no member of the City Council receives a majority vote, the Clerk will re-open the nominations and conduct a new election until a Mayor is elected.

The election of the Vice Mayor will be conducted in the same manner as the election of the Mayor.

The appointed Mayor and Vice Mayor will serve in these roles for a one-year period beginning on December 7, 2022 and ending in December 2023.

STRATEGIC PLAN:

None.

FISCAL IMPACTS:

None.

OPTIONS:

Direct City Clerk to begin the Mayor selection process.

ATTACHMENTS:

Election of Mayor and Vice Mayor.pdf
82 83
84 85
86 87
88 89
Santa Paula City Council Tentative Agenda Schedule
Updated 12/01/2022

DEPARTMENT MEETING

DATE ITEM DESCRIPTION
P & R December 21, 2022 Parks & Recreation Department Report Finance Finance Department Quarterly Report
HR Social Media Policy – Reso 7432
Finance Bonding Rate for Harvest Project CFD No. 1
CDD Liquor/Alcohol/Beer – signs – Ord
CDD Electric Vehicle Charging Stations Ord
Admin Appointments to the Mayor’s Standing and Ad Hoc
Committees
Admin Adoption of 2023 Council Meeting Calendar
P & R January 18, 2023 ACT Report Presentation
P & R Police Dept. Contract Award
Admin District-Based Elections
CDD ADU Ordinance
Admin Police Chief Selection Process

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
90

Santa Paula City CouncilDecember 7, 2022

Santa Paula City Council
December 7, 2022