Agenda packet — Santa Paula City Council, December 21, 2022

City of Santa Paula
City Council

MAYOR ANDY SOBEL

VICE MAYOR LESLIE CORNEJO

COUNCILMEMBER JENNY CROSSWHITE

COUNCILMEMBER CARLOS JUAREZ
COUNCILMEMBER PEDRO A. CHAVEZ

CITY COUNCIL REGULAR MEETING OF THE

SANTA PAULA CITY COUNCIL
WEDNESDAY, DECEMBER 21, 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 PARKS & RECREATION DEPARTMENT ACTIVITY REPORT

6.B FINANCE DEPARTMENT QUARTERLY REPORT

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

8. CITY COUNCIL REPORTS

9. CITY MANAGER REPORTS

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 Approval of Minutes
City Council Closed Session Minutes for December 7, 2022 City Council Regular Minutes for December 7, 2022

10.C NOVEMBER 2022 WARRANTS AND CERTIFICATIONS
RECOMMENDATION:

Staff recommends that the City Council:

Review and accept the "Certification of Accounts Payable" for the accounts payable
payment cycles for November 2022, starting check number 332529 and ending check number
332746.

Review and accept the "Certification of Salaries" for the pay period ending dates November
4th, 2022 through November 18th, 2022.

10.D REQUEST AND AUTHORIZATION FOR PERSONNEL TO ATTEND THE 2023 CHANDLER, ARIZONA LAW ENFORCEMENT EXPLORER

TACTICAL COMPETITION
RECOMMENDATION:

Staff recommends City Council:

1. Authorize Santa Paula Police Department personnel, acting as chaperones to ten Explorers, to travel to and attend the 2023 Law Enforcement Explorer Tactical Competition in Chandler, Arizona.

10.E SECOND AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH JHD PLANNING, LLC FOR SERVICES RELATED TO THE CITY'S 2021-2029 HOUSING ELEMENT
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the Second Amendment ("Second Amendment") to the Professional Services Agreement with JHD Planning, LLC for planning services related to the City's 2021-2029 Housing Element; City of Santa Paula - City Council - City Council Regular Meeting 4

2. Approve a budget allocation of $25,664 out of account 800-5-3001-215 (General Plan Professional Services)

3. Authorize the City Manager to execute the Second Amendment in a form approved by the City Attorney.

10.F SKID STEER EQUIPMENT PURCHASE OF A NOT-TO-EXCEED AMOUNT OF $100,000
RECOMMENDATION:

Staff recommends that the City Council:

Authorize the City Manager to purchase one (1) skid steer, one (1) broom attachment and one (1) cold planer attachment for use by the Public Works Department and Parks & Recreation Department in an amount not to exceed $100,000.

10.G NOTICE OF COMPLETION FOR THE WATER RECYCLING FACILITY ANOXIC AND AEROBIC TANKS REHABILITATION PROJECT (CIP NO. 9341)
RECOMMENDATION:

Staff recommends that the City Council:

1. Accept the work performed by Cushman Contracting Corporation for the Water Recycling Facility Anoxic and Aerobic Tanks Rehabilitation Project.

2. Authorize the City Manager to sign and staff to file the Notice of Completion with the County Recorder.

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

11.A AMENDMENT TO HARVEST CFD NO. 1 SPECIAL TAX AND BONDED

INDEBTEDNESS LIMIT AND DECLARATION OF THE RESULTS OF ELECTION TO

CERTIFY AMENDMENT
RECOMMENDATION:

It is recommended that the City Council:

1. Adopt Resolution No. 7435 authorizing amendment of the levy of a special tax and bonded indebtedness limit for Improvement Areas B & C of Harvest Community Facilities District No. 1, and

2. Resolution No. 7436 Declaring Results of an Election for Amendment of Special Tax and Bond Authorization, Determining Validity of Prior Proceedings and Directing Recording of Amended Notice of Special Tax City of Santa Paula - City Council - City Council Regular Meeting 5 Lien.

11.B
RESOLUTION NO. 7431 APPROVING AMENDMENTS TO THE
CONDITIONS OF APPROVAL FOR PROJECT 22-TM-01, VESTING
TENTATIVE TRACT MAP NO. 6074
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 7431 approving amendments to the Conditions of Approval for Project 22-TM-01, Vesting Tentative Tract Map No. 6074.

11.C
ADOPTION OF AN URGENCY ORDINANCE AMENDING CHAPTER 16.227

OF THE SANTA PAULA MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt an Urgency Ordinance of the City Council of the City of Santa Paula, California Amending Chapter 16.227 of the City of Santa Paula Municipal Code Relating to Accessory Dwelling Units and Determining the Ordinance to be Exempt from CEQA.

11.D
INTRODUCTION OF ORDINANCE NO.1320 AMENDING MUNICIPAL CODE SECTION 16.58.010 REGARDING REGULATION OF BUSINESS SIGNAGE

FOR ESTABLISHMENTS OFFERING THE SALE OF ALCOHOL
RECOMMENDATION:

Staff recommends that the City Council introduce and waive the first reading of Ordinance No. 1320, entitled: AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SANTA PAULA, CALIFORNIA AMENDING SECTION

16.58.010 (DEVELOPMENT STANDARDS AND USE CONDITIONS) OF CHAPTER 16.58 (ALCOHOLIC BEVERAGE SALES) OF THE SANTA

PAULA MUNICIPAL CODE RELATING TO RESTRICTIONS ON BUSINESS SIGNS ADVERTISING ALCOHOLIC BEVERAGES.

11.E
INTRODUCTION OF ORDINANCE NO. 1321 RELATING TO AN

EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC

VEHICLE CHARGING STATIONS
RECOMMENDATION:

Staff recommends the City Council:

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

1. Introduce and waive first reading of Ordinance No.1321, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
PAULA, CALIFORNIA AMENDING CHAPTER 16.77 TO TITLE XVI OF

THE SANTA PAULA MUNICIPAL CODE RELATING TO AN

EXPEDITED, STREAMLINED PERMITTING PROCESS FOR

ELECTRIC VEHICLE CHARGING STATIONS

12. ACTION ITEMS

12.A INTRODUCTION OF ORDINANCE NO. 1326 ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE AND THE 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE
RECOMMENDATION:

Staff recommends that the City Council:

1. Introduce and waive first reading of Ordinance No. 1326, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
PAULA AMENDING SECTIONS 150.001, 150.015, 150.025, 150.045, 150.055, 150.075, 150.085, 150.150, 150.160, 150.170, 150.180, AND 150.190 OF CHAPTER 150 OF THE SANTA PAULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA

BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING THE 2022 CALIFORNIA ADMINISTRATIVE CODE; VOLUMES 1 AND 2 OF THE 2022 CALIFORNIA BUILDING CODE; THE 2022 CALIFORNIA RESIDENTIAL CODE; THE 2022 CALIFORNIA
ELECTRICAL CODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA
GREEN BUILDING STANDARDS CODE; THE 2022 CALIFORNIA
REFERENCED STANDARDS CODE; AND THE 2021 INTERNATIONAL

PROPERTY MAINTENANCE CODE

2. Schedule a public hearing to consider adopting the proposed Ordinance at the City Council’s regular meeting of January 18, 2023;

3. Direct the City Clerk to publish a summary of the proposed Ordinance and provide notice of the public hearing twice at least 14 days before the public hearing at which the proposed Ordinance is to be considered for adoption; .

4. Take such additional, related action as may be desired.

12.B BUDGET APPROPRIATION FOR PROPERTY ASSESMENT AND DUE

DILLIGENCE PROCESS
RECOMMENDATION:

City of Santa Paula - City Council - City Council Regular Meeting 7 Staff Recommends City Council:
a) Approve a budget appropriation in the amount of $30,000 for both revenues and expenses to perform due diligence on the acquisition of property as noted in the fiscal impact section of this report, and
b) Appoint one or two members of the Council to serve on an ad-hoc basis to assist in evaluation of the property transition and use of the facility.

12.C ADOPTION OF 2023 COUNCIL MEETING CALENDAR
RECOMMENDATION:

Staff recommends that the City Council:

1. Review the City Council Meeting calendar for 2023 and consider the cancellation of the July 5, September 20 and January 3, 2024 meeting, and any additional meetings in July or August.

Presented by: Dan Singer, City Manager

12.D APPOINTMENTS TO THE MAYOR'S STANDING AND AD HOC

COMMITTEES
RECOMMENDATION:

Staff recommends that the City Council:
a) Consider appointments to the Mayor's Standing and Ad Hoc Committees and review appointments to Regional and State boards, committees and commissions. The Mayor may ratify appointments to these committees. b) Consider any modifications to the current list of committees.

Presented by: Dan Singer, City Manager

13. ITEMS FOR FUTURE AGENDAS

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 8 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 21, 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. 9 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:
10 CITY OF SANTA PAULA
City Council Closed Session Meeting
December 7, 2022, 5:30 PM

MINUTES

CLOSED SESSION - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Crosswhite called the meeting to order at 5:30 p.m. 2) ROLL CALL
Members Present: Jenny Crosswhite, Andy Sobel, Carlos Juarez, and Leslie Cornejo
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 - LIABILITY CLAIM -
Consideration of a liability claim pursuant to Government Code § 54956.95(a) - Claimant: Patricia Zavala (via a letter dated March 23, 2022, from Gregory Ramirez, Esq., and amended via a letter from Monique Fierro, Esq., dated July 25, 2022), Agency Claimed Against:
the City of Santa Paula
Council recessed to closed session at 5:32 p.m.
5) CLOSED SESSION REPORT
Interim City Attorney Monica Castillo reported there was no reportable action taken.
6) ADJOURNMENT
11 Mayor Crosswhite adjourned to the Regular City Council meeting at 6:30 p.m.

Julie Latshaw, City Clerk
ATTEST:
12 CITY OF SANTA PAULA
City Council Regular Meeting
December 7, 2022, 6:30 PM

MINUTES

REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Crosswhite called the meeting to order at 6:30 p.m. 2) INVOCATION
Chaplain Kay Wilson-Bolton provided the Invocation.
3) FLAG SALUTE
Councilmember Araiza led the flag salute.
4) ROLL CALL
Members Present: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Richard Araiza, and Leslie Cornejo
5) CLOSED SESSION REPORT
Interim City Attorney Monica Castillo reported Council convened to closed session on the following two items, with no reportable action taken:

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- CUOE-VTA; and

4.B CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIM -
Consideration of a liability claim pursuant to Government Code § 54956.95(a) - Claimant: Patricia Zavala (via a letter dated March 23, 2022, from Gregory Ramirez, Esq., and amended via a letter from Monique Fierro, Esq., dated July 25, 2022), Agency Claimed Against: the City of Santa Paula. 6) PRESENTATIONS

6.A) PROCLAMATION - ABRAHAM MORENO, SR. 100TH BIRTHDAY
13 Mayor Crosswhite presented a Proclamation to Abraham Moreno, Sr. for his 100th Birthday.

6.B) VISITOR FROM THE NORTH POLE
Santa Claus and elves came from the North Pole to spread their cheer to all for the holidays, wishing everyone a Merry Christmas and Happy New Year.
7) PUBLIC COMMENT
Zoeelynn Ornela with All Children Thrive spoke to welcome new Councilmember Chavez, and returning Councilmember Jenny Crosswhite and Councilmember Carlos Juarez. Ms. Ornela updated Council on all of the activities that All Children Thrive has been working on.

Amilia Aparicio was called to speak, explaining with the volume of people attending, the community members in the lobby were unable to hear the proceedings, and suggested monitors be placed in the lobby. 8) CITY COUNCIL REPORTS
Councilmember Araiza:

Reported he has had no city business spent time with family, though did enjoy his exit interview.

Councilmember Juarez:

Attended the city volunteer Committee, Commissioner and Board appreciation gathering.

Councilmember Cornejo:

Attended the Holiday Parade; Ventura County Air Quality Control District; met with Alex Teague who provided an updated on the Adams Canyon project; city volunteer Committee, Commissioner and Board appreciation gathering; and met with Caitlin Barringer to discuss food share.

Vice Mayor Sobel:

Attended the Holiday Parade; Economic Development Collaborative Board meeting; Social Justice Ad Hoc; State of the County presentation; city volunteer Committee, Commissioner and Board appreciation gathering; Southern California Association of Government Economic conference; Ventura County Transportation Commission; and farmworker housing tour.

Mayor Crosswhite:

Attended the Ventura Regional Sanitation District; Ventura Council of Governments; parent conference at Isabel Middle School; Holiday Parade; Santa Train; city volunteer Committee, Commissioner and Board appreciation gathering; and Social Justice Ad Hoc.
9) CITY MANAGER REPORTS
City Manager Dan Singer:

Attended the Holiday Parade; Annual State of the County presentation; Southern California Association of Governments summit; was invited by the 14 Ventura County Leadership Academy to speak to them about local government and Santa Paula community and culture; Housing and Homeless; Social Justice; and city volunteer Committee, Commissioner and Board appreciation gathering.
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
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

10.D) FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH TRIPEPI SMITH AND ASSOCIATES FOR MEDIA RELATIONS

AND PUBLIC INFORMATION SERVICES

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

GRANT A NATURAL GAS FRANCHISE TO CARBON CALIFORNIA

MIDSTREAM, LLC

10.F) RESOLUTION NO. 7434 GRANTING THE CITY MANAGER
AUTHORIZATION TO TEMPORARILY ADJUST THE CITY’S POSITION

CONTROL LIST
Amended Resolution 7434, Section 4, to read: Whenever the Personnel Officer temporarily adjusts the adopted budget and corresponding Position Control List for a temporary 90-day period pursuant to Section 2, he or she must report out the details of the adjustment at the City Council meeting immediately subsequent to the adjustment, whether such meeting is a Regular or Special Meeting.

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

GENERAL MUNICIPAL ELECTION AND DECLARING ITS RESULTS
Amended Resolution to include the certified results of the General Municipal Election.

Motion: Approve as amended CONSENT CALENDAR
Moved by Carlos Juarez, seconded by Richard Araiza
Vote: Motion carried 5-0
Yes: Jenny Crosswhite, Andy Sobel, Carlos Juarez, Richard Araiza, Leslie Cornejo
11) SPECIAL PRESENTATION
15 11.A) SPECIAL PRESENTATION FOR DEPARTING CITY COUNCIL MEMBER
Mayor Crosswhite thanked outgoing Councilmember Araiza for his service and presented him with a plaque of recognition for his years of service to the city. Councilmember Araiza spoke of his time on Council.

Each Councilmember spoke and thanked him for his service.

On behalf of Assembly member Steve Bennett's office, Michelle Sevilla presented a certificate of recognition. On behalf of Congresswoman Julia Brownley's office, Armando Gonzales presented a certificate of recognition.
12) ORDER OF BUSINESS

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

COUNCIL MEMBERS
City Clerk Julie Latshaw administered the Oath of Office to re-elected Councilmember Jenny Crosswhite, re-elected Councilmember Carlos Juarez, and newly elected Councilmember Pedro A. Chavez.

12.B) SEATING OF NEWLY ELECTED CITY COUNCIL MEMBERS
Re-elected and newly elected Councilmembers took their seats at the Dias.

12.C) NEW ROLL CALL
Mayor Crosswhite called for a new roll call by City Clerk Julie Latshaw.

Present: Mayor Crosswhite, Vice Mayor Sobel, Councilmember Juarez, Councilmember Cornejo, and Councilmember Chavez.

12.D) COMMENTS FROM NEWLY ELECTED CITY COUNCIL MEMBERS
Each newly elected Councilmembers spoke of their thanks to family, friends, and community members for their support.

12.E) COMMENTS FROM OTHER COUNCIL MEMBERS
Each Councilmember welcomed and congratulated re-elected Mayor Crosswhite, Vice Mayor Sobel, and newly elected Councilmember Chavez.

12.F) PROCEDURES FOR ELECTION OF MAYOR AND VICE MAYOR
City Clerk Julie Latshaw reviewed the procedures for the election of Mayor and Vice Mayor. Mayor Crosswhite directed City Clerk Latshaw to begin the selection process.

12.G) SELECTION PROCESS FOR MAYOR
City Clerk, Julie Latshaw opened nominations for Mayor. Mayor Crosswhite nominated Vice Mayor Sobel. Seeing no other nominations, City Clerk Latshaw closed the nominations for Mayor. There was no 16 debate on the nomination, therefore, City Clerk Latshaw called a voice vote: AYES: Mayor Crosswhite, Vice Mayor Sobel, Councilmember Juarez, Councilmember Cornejo, and Councilmember Chavez. City Clerk Latshaw announced, by a unanimous vote, the City Council of the City of Santa Paula appoints Andy Sobel as Mayor.

12.H) GAVEL PLAQUE TO OUTGOING MAYOR PRESENTED BY NEW
MAYOR
Mayor Sobel spoke of all the accomplishments during Councilmember Crosswhite's term as Mayor, presenting her with the City Gavel Plaque.

Councilmember Crosswhite expressed it has been an honor serving.

Other Councilmembers thanked her for her service.

12.I) SELECTION PROCESS FOR VICE MAYOR
City Clerk, Julie Latshaw opened nominations for Vice Mayor.

Councilmember Crosswhite nominated Councilmember Cornejo. Seeing no other nominations, City Clerk Latshaw closed the nominations for Vice Mayor. Councilmember Chavez commented on the procedures of nominating Mayor and Vice Mayor for the purpose of informing the public how each member is nominated. With no other comments or debate on the nomination, City Clerk Latshaw called a voice vote:

AYES: Mayor Sobel, Councilmember Crosswhite, Councilmember Juarez, Councilmember Cornejo, and Councilmember Chavez. City Clerk Latshaw announced, by a unanimous vote, the City Council of the City of Santa Paula appoints Leslie Cornejo as Vice Mayor. 13) ITEMS FOR FUTURE AGENDAS

13.A) FUTURE AGENDA ITEMS
Councilmember Chavez requested community college education center conversation and possible resolution to support that initiative. Council was in support of the item for a future agenda.
14) ADJOURNMENT
Mayor Sobel invited all to stay for refreshments and adjourned the meeting 7:50 p.m.

Julie Latshaw, City Clerk
ATTEST:
17 To: Honorable Mayor and Members of the City Council
From: Christy Ramirez, Finance Director
Subject: NOVEMBER 2022 WARRANTS AND CERTIFICATIONS
Date: December 21, 2022
Agenda Item: 10.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for November 2022, starting check number 332529 and ending check number 332746.

Review and accept the "Certification of Salaries" for the pay period ending dates November 4th, 2022 through November 18th, 2022.

BACKGROUND:

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

CERTIFICATION OF SALARIES
18 This is the certification (separation of duties between "preparer" and the "reviewer") of salaries and benefits (payroll checks) by fund. It lists salary (payroll) issued checks by beginning and ending check number, payroll ending dates November 4th, 2022, through November 18th, 2022.

ANALYSIS:

See the attachments for expense breakdown by respective fund.

STRATEGIC PLAN:

FISCAL IMPACTS:

OPTIONS:

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

ATTACHMENTS:

NOVEMBER 2022 WARRANTS AND CERTIFICATIONS.pdf
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: REQUEST AND AUTHORIZATION FOR PERSONNEL TO ATTEND THE 2023 CHANDLER, ARIZONA LAW ENFORCEMENT EXPLORER

TACTICAL COMPETITION
Date: December 21, 2022
Agenda Item: 10.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Authorize Santa Paula Police Department personnel, acting as chaperones to ten Explorers, to travel to and attend the 2023 Law Enforcement Explorer Tactical Competition in Chandler, Arizona.

BACKGROUND:

On November 5, 2022, Explorers from the Santa Paula Police Department participated in the annual Ventura County Sheriff Explorer Tactical Tournament (VCETT). This event took place at the Sheriff’s Criminal Justice Training Center in Camarillo. The tournament consisted of six patrol-based scenarios and some walk-up events.

During this event, the Santa Paula Police Explorer POST #2350 took 1st place in both the Tubular Assault scenario and the Check Well-Being scenario. Santa Paula's Explorer POST was also named the most Outstanding POST of the entire competition, giving our POST the honor of being the holder of the VCETT flag for the next year. As part of the honor of being the holder of the VCETT flag, our POST’s name will be the first POST embroidered on the flag.

The mission of the Santa Paula Police Department (SPPD) Explorer Program is to provide for the young adults a strong Community Based Policing Program that will help encourage and guide them to a better path for the future. Through education and training, Explorers learn about leadership, teamwork, discipline, friendship and develop a working knowledge of law enforcement procedures, duties and concepts that might interest them in a possible career in law enforcement.

ANALYSIS:

In furtherance of their recent accolades, the SPPD Explorer POST plans to compete in the 2023 Chandler, Arizona Law Enforcement Explorer Tactical Competition. Former Police Chief Walker gave the POST Advisors permission to plan out the logistical requirements for the 50 competition including registration and housing for the explorers and advisors. The POST has paid the registration to secure a spot in the competition and now needs to secure accommodations for the Explorers and Advisors.

Interim Chief Aguilar has approved the Explorers attending the competition and is working with the City Manager's office to obtain the appropriate approval from City Council due to some police personnel attending and the competition being out of state. Per the adopted Travel Policy, any personnel attending an event out of state requires the authorization of City Council.

Police personnel attending the event will be:

Officer Donovan Varela
Officer Alfred Valencia
Officer Sergio Gutierrez
Dispatcher Amanda Salinas
CSO Juan Navarrete
The competition takes place from January 14-15, 2023, in Chandler, Arizona. The POST team will be leaving on January 12, 2023, and prior to the competition, will tour the campus of Arizona State University on January 13, 2023. The team will then compete in the national competition and will return on January 16, 2023. Currently, there are ten Explorers registered to compete and six Advisors attending to chaperone. Chaperones are required to attend, as several Explorers are under the age of 18 and require consent from their parent or guardian.

Registration for the event was $1825 and the accommodations at an Airbnb are $5,609. Food for the stay will be approximately $500 and estimated fuel costs are $450. Police staff intend to take the department's Ford Explorer Van, Unit #431, Ford Expedition, Unit #454, and the Ford Explorer, Unit #469.

STRATEGIC PLAN:

While approval of this item does not specifically support an objective in City Council's two-year Strategic Plan, this item does support City Council's goal of "Providing the residents of Santa Paula with sustainable resources and programs to make this a great place to live and grow," under Section F. Community Vitality. The Explorer Program provides young adults a strong Community Based Policing Program which will help encourage and guide them to a better path for the future.

FISCAL IMPACTS:

The Police Department budget (GL 100-5-4502-322) for Explorer expenses has sufficient allocation for the total cost of travel, lodging, registration and per diem for this competition which is estimated to cost $8,384 in total. Police staff are utilizing the most economic means of transportation and lodging accommodations available. No additional allocation is requested at this time.

OPTIONS:

As an alternative to Staff's recommendation, the City Council may:

1. Decline to authorize out-of-state travel of SPPD personnel to accompany the Santa Paula Explorer POST team to attend the 2023 Chandler, Arizona Law Enforcement Explorer Tactical 51 Competition. As a result, staff will forfeit the $1825 registration costs and the Explorer team will not be allowed to compete in the competition.

ATTACHMENTS:
52 To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: SECOND AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH JHD PLANNING, LLC FOR SERVICES RELATED
TO THE CITY'S 2021-2029 HOUSING ELEMENT
Date: December 21, 2022
Agenda Item: 10.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the Second Amendment ("Second Amendment") to the Professional Services Agreement with JHD Planning, LLC for planning services related to the City's 2021-2029 Housing Element;

2. Approve a budget allocation of $25,664 out of account 800-5-3001-215 (General Plan Professional Services)

3. Authorize the City Manager to execute the Second Amendment in a form approved by the City Attorney.

BACKGROUND:

The City is required to update its Housing Element every 8 years. The City has been working with the consultant JHD Planning LLC to complete its 2021-2029 Housing Element ("Housing Element Update") by early next year. The purpose of the Housing Element Update is to identify programs that can accommodate sufficient housing capacity per the City’s Regional Housing Needs Assessment (RHNA) allocation. Upon its adoption by the City, the Housing Element Update must be reviewed and certified by the State Department of Housing and Community Development (HCD).

In May 2020, the City Council approved a professional services agreement, not to exceed $68,104, with JHD Consulting LLC for planning services related to the development of the City’s Housing Element Update ("Agreement"). (See Attachment B.) On December 15, 2021, the City Council approved a First Amendment to the Agreement ("First Amendment") to the extend the term to December 31, 2022. No increase in compensation was requested at that time.

ANALYSIS:

The original schedule for completion of the Housing Element Update has been delayed due to impacts related to the novel COVID-19 pandemic, new state legislation impacting Housing 53 Element requirements, limitation in consultant capacity, and limited staffing at the state Department of Housing and Community Development (HCD). As a result, staff is requesting approval of a Second Amendment to the Agreement ("Second Amendment") to extend its term by another six months to June 30, 2023 to ensure all requirements of the Housing Element Update are completed. The Second Amendment will increase the total compensation from the original contracted amount of $68,104 to a not-to-exceed amount of $84,604, representing a $16,500 increase. The Second Amendment is attached to this report as Attachment A.

STRATEGIC PLAN:

N/A
FISCAL IMPACTS:

Council previously approved a budget allocation of $75,000 in prior fiscal year budgets. Due to the delay in work, the remaining budgets from prior years were not carried over. Staff is requesting a budget allocation of $25,664 out of account 800-5-3001-215 (General Plan Professional Services) for consulting services to support the completion of the Housing Element. Of the total budget, $16,500 will cover the additional allocation, while $9,164 will cover the remaining available amount of the original contract. There is sufficient funding available for this allocation funded from General Plan DIF fees.

OPTIONS:

As an alternative to Staff's recommendation, the City Council may:

1. Decline to approve Staff's recommendation. However, doing so will result in a lack of resources to adequately complete the Housing Element Update and subject the City to state penalties.

ATTACHMENTS:

ATTACHMENT A_Second Amendment-JHD_PLANNING_LLC-c1 jm1_jd 12-14-2022 signed.pdf
B - Professional Services Agreement No. 19-01982 (fully executed).pdf 54 65283.00005\40898895.2

SECOND AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SANTA PAULA AND JHD PLANNING LLC
THIS SECOND AMENDMENT (“Second Amendment”) to the Professional Services Agreement entered as of May 6, 2020, is made and entered into this 21st day of December 2022, by and between the CITY OF SANTA PAULA, a California general law city and municipal corporation (“City”), and JHD PLANNING, LLC, a California limited liability company (“Consultant”). Consultant and City are at times individually referred to in this Second Amendment as a “Party” and collectively as the “Parties.”

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

A. On May 6, 2020, the City and Consultant entered into that certain Professional Services Agreement to provide for planning services related to the preparation of City’s 2021 Housing Element (“Housing Element Update”) through December 31, 2021 (the “Agreement”).

B. The Agreement authorizes the City to utilize the Consultant to perform services listed in the attached Exhibit “A,” which is incorporated by reference.

C. On December 15, 2021, the City and Consultant entered into that certain First Amendment to the Agreement to extend its term through December 31, 2022 (“First Amendment”).

D. The City submitted its draft Housing Element Update to the California Department of Housing and Community Development (“HCD”) for review in September 2021 and on or around April 26, 2022 a second draft of the Housing Element Update revised in response to HCD comments (“Revised Housing Element Update”) was submitted to HCD.

E. HCD has yet to certify the City’s Housing Element Update for reasons beyond the control of Consultant and City, including, but not limited to, major changes in State requirements after work on the draft Housing Element was completed and a much higher level of scrutiny of Housing Elements by HCD compared to prior cycles.

F. Given these delays to certification beyond the Parties’ control, City and Consultant now mutually desire by this Second Amendment to extend the term of the Agreement, refine indemnity obligations, and increase the Consultant’s budget by $15,000 as set forth below.
55 65283.00005\40898895.2

2. AMENDMENT. In consideration of the foregoing and pursuant to Sections 8, 12, and 35 of the Agreement, the Agreement is amended as follows:

A. Section 1, entitled “CONSIDERATION,” is hereby amended to read as follows:

A. As a partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Eighty-Four Thousand Six Hundred Four Dollars ($84,604) for CONSULTANT's services. CITY may modify this amount as set forth below.

Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A" which is incorporated by reference.

B. Section 8, entitled “TERM,” is hereby amended to read as follows:

8. TERM. The term of this Agreement will be from May 6, 2020 to June 30, 2023.

Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Completion of the work specified in Exhibit “A”;
B. Termination as stated in Section 16.

C. Section 19, entitled “INDEMNIFICATION,” is hereby amended to read as follows:

19. INDEMNIFICATION.

A. Except as provided in Subsection B below, Consultant and City shall indemnify each other and their officials, officers, agents, employees, and representatives from any losses incurred as a result of negligent acts, negligent omissions, or willful misconduct of the indemnifying party, its officials, officers, employees, agents, or subcontractors in connection with the performance of the scope of work of this Agreement. The parties acknowledge that neither party has an up-front obligation to provide a legal defense to the other party in connection with this indemnification obligation. In the event that either party incurs a loss resulting from the indemnifying party's negligent acts, negligent omissions, or willful misconduct, the indemnifying party shall reimburse the indemnified party for its reasonable defense costs proportionate 56 65283.00005\40898895.2
to the finally determined percentage of liability based upon the comparative fault of the indemnifying party. Consultant's liability shall be limited to the amounts available under Consultant's professional liability insurance policy, which shall not be reduced without the written consent of the City.

B. Notwithstanding anything to the contrary in Subsection A above, in the event of a legal challenge to any City decision, action or inaction related to Consultant's scope of work, including but not limited to approval of or failure to approve any plan, policy, development entitlement, ordinance, regulation, CEQA document or technical study, or any penalty or other loss incurred by City related to a City decision, action, or inaction with respect to the Housing Element, City shall indemnify, defend and hold Consultant harmless.

Consultant has no obligation to provide a legal defense to the City in connection with any such legal challenge, penalty or other loss; however, if requested by City, Consultant shall provide assistance to City in such matters as extra work with compensation on a time and materials basis at the rates specified in Exhibit A.

D. EXHIBIT “A” is hereby amended to read as follows:

Paragraph “2.2 Housing Needs Assessment” under Section 1, entitled “Scope of Work,” is amended to read as follows:

2.2 Housing Needs Assessment. We will prepare the housing needs assessment pursuant to State requirements and coordinate with City staff to evaluate housing conditions using State-approved criteria. Where necessary to complete this task, we will analyze current demographic and housing data. This data and analysis will be used to prepare the housing needs assessment identifying the following information in accordance with State law:
• Population, demographic and employment trends;
• Special housing needs (e.g. large families, seniors, persons with disabilities, homeless, etc.);
• Housing stock characteristics, including at-risk units, housing conditions and vacancy rates;
• Housing cost and affordability;
• Projected housing needs as assigned by SCAG in the RHNA; • Fair housing assessment and related implementation actions.

The budget assumes that all information required for the needs analysis will be available from published sources or internal City data, and that no field work or original research will be necessary.
57 65283.00005\40898895.2
Section 2. Schedule is amended as follows:

For each task identified in the Scope of Work, a schedule will be determined by mutual agreement by the City and the Consultant.

Section 3, entitled “Proposed Budget” is amended to read as follows:

Our proposed budget for this project is shown below. Additional tasks can be provided on a time-and-materials basis. Reimbursable expenses are billed at actual cost with no surcharge. We do not charge for travel expenses, and travel time to/from meetings is included in the budget for each meeting.

We commit to donating 10% of our consulting fees to charities of the City's choice that serve the communities where we work.
58 3. COUNTHRPARTS. This second Amendment may be executed in any number or counteaparts, 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 Second Amendment, all other terms and conditions of the Agreement, as amended by the First Amendment, remain in full force and effect. In the event of a conflict between this Amendment and the Agreement, as amended by the First Amendment, the provisions of this Second Amendment control.

This Second Amendment is executed on and shall become effective as of the first date written above.

CITY OF SANTA PAULA
Dan Singer, City Manager
ATTEST:

Julie Latshaw, City Clerk
APPROVED AS TO FORM:

Monica Castillo, Interim City Attorney
65283,00005\40898895.2

JHD PLANNING LLC
Taxpayer ID No. 83-0873130
59 ATTACHMENT B
PROF. SERVICES AGREEMENT NO. 19-01982

BETWEEN THE CITY OF SANTA PAULA

AND JHD PLANNING LLC
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: SKID STEER EQUIPMENT PURCHASE OF A NOT-TO-EXCEED AMOUNT OF $100,000
Date: December 21, 2022
Agenda Item: 10.F

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

BACKGROUND:

The skid steer equipment currently used by staff has reached the end of its useful life and has smog-related compliance issues. In staff’s ongoing effort to comply with the California Air Resources Control Board (CARB) Municipal Off-Road Diesel Emission Regulations, removing this unit from the active fleet, and adding the proposed new unit will further extend upcoming compliance deadlines by reducing City emissions and particulate matter output.

The City Council, at its August 29, 2022, public meeting, approved $100,000 of American Rescue Plan Act (ARPA) funding for the FY 2022-2023 purchase of this equipment.

ANALYSIS:

Staff is seeking Council approval to purchase this equipment before the end of the year to avoid anticipated cost increases for 2023 and to reduce equipment delivery time. The Parks & Recreation Department and the Public Works Department use this equipment on a regular basis to assist with landscaping, utilities, loading applications, and emergency use.

Upon Council approval, Staff will purchase the new equipment and present the replaced equipment as surplus Fleet equipment requesting Council approval for its sale at a future public meeting.

STRATEGIC PLAN:

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

Staff solicited and received a Sourcewell quote for purchasing one (1) 2022 John Deere 324G Skid Steer, one (1) 2022 John Deere BR72C 72-inch Rigid Pick-Up Broom, and one (1) 2022 John Deere CP18E Cold Planer. There are sufficient funds available in the current fiscal year budget to purchase the Skid Steer and attachments, including costs for in-house outfitting with the appropriate DOT-approved lighting equipment.

Table 1: Funding Sources
Fund Account No. Amount
Equipment - New 412-5-5022-610 $99,808.44
OPTIONS:

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

Do not authorize the City Manager to purchase the requested skid steer and attachments for use by the Parks & Recreation Department and the Public Works Department. CARB has approved amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations aimed at further reducing emissions from the off-road sector. These amendments require municipal fleets to phase-out the use of their oldest and highest polluting off-road diesel equipment. Without Council authorization, the City may incur fines from the Ventura County Air Pollution Control District for regulatory non-compliance and experience increased fleet maintenance costs and less efficient work production by using the existing equipment.

ATTACHMENTS:

Exhibit A - Sourcewell Quote ID 26190916.pdf
84 EXHIBIT A
Sourcewell Quote ID: 26190916
85 Salesperson : X ______________ Accepted By : X ______________ Confidential
Quote Summary
Prepared For:

SANTA PAULA, CITY OF
CA
Prepared By:

ALBERT FERNANDEZ
Coastline Equipment Company
1930 Lockwood Street
Oxnard, CA 93036
Phone: 805-485-2106
Mobile: 805-256-5767
[email protected]

SOURCEWELL PRICING
CONTRACT #032515-JDC

EQUIPMENT SUBJECT TO AVAILABILITY AND PRICE

INCREASE
Quote Id: 26190916
Created On: 13 December 2022
Expiration Date: 31 December 2022
Equipment Summary Selling Price Qty Extended
2022 JOHN DEERE 324G SKID
STEER
$ 63,689.70 X 1 = $ 63,689.70
John Deere Extended Warranty-2
YEARS/ 2000 COMPREHENSIVE

WARRANTY
$ 0.00 X 1 = $ 0.00
2022 JOHN DEERE BR72C 72"
Rigid Pick-Up Broom -
1T0BR72CLN0000463
$ 6,453.62 X 1 = $ 6,453.62
John Deere Extended Warranty-1

YEAR WARRANTY
$ 0.00 X 1 = $ 0.00
2022 JOHN DEERE CP18E COLD
PLANER - 1T0CP18EEM0000092
$ 22,356.68 X 1 = $ 22,356.68
John Deere Extended Warranty-1

YEAR WARRANTY
$ 0.00 X 1 = $ 0.00
Equipment Total $ 92,500.00
Quote Summary
Equipment Total $ 92,500.00
SubTotal $ 92,500.00
Sales Tax - (8.25%) $ 7,308.44
Total $ 99,808.44
Balance Due $ 99,808.44
86 Selling Equipment
Quote Id: 26190916
Confidential
2022 JOHN DEERE 324G SKID STEER
Hours: 0
Stock Number: 104857
Description Qty
JOHN DEERE 324G SKID STEER

LOADER BASE
1 Standard Options - Per Unit
JDLINK 1
2SP HIFL SLEV RC CB/AC PQT 1
ISO SWITCHABLE CTLS & JS PPK 1
ENGINE TURBO 4TNV98CT 1
ENGLISH OP MAN & DECALS 1
12X16.5 12PR GALAXY HULK 1
3" SEAT BELT W/2"SHLDR STRAP 1
AIR RIDE SEAT (CLOTH W HEAT) 1
COLD START PACKAGE 110V 1
PRE CLEANER 1
RADIO AM/FM W/BLUETOOTH 1
FOOTREST WITH FLOORMAT 1
HD 78 IN CONST BUCKET W EDGE 1
Service Agreements
John Deere Extended Warranty - 2
YEARS/ 2000 COMPREHENSIVE

WARRANTY
Other Charges
Setup 1
2022 JOHN DEERE BR72C 72" Rigid Pick-Up Broom - 1T0BR72CLN0000463 Hours: 0
Stock Number: 106943
Description Qty
JOHN DEERE 72"RIGID PU BROOM
(BR72C)
1 Standard Options - Per Unit
SPRINKLER KIT 1
87 Selling Equipment
Quote Id: 26190916
Confidential
Service Agreements
John Deere Extended Warranty - 1

YEAR WARRANTY
Other Charges
Freight 1
FRT DISC 1
Warranty Coverage
Warranty Type Coverage Term Expiration Date Days Remaining BASIC WARRANTY BASIC 12M 18-Oct-2023 309
2022 JOHN DEERE CP18E COLD PLANER - 1T0CP18EEM0000092
Equipment Notes: STOCK,PO # OXN SALES,PO # OXN SALES
Hours: 0
Stock Number: 105006
Description Qty
2022 JOHN DEERE CP18E COLD
PLANER 18"
1 Standard Options - Per Unit
CP18E RP18 COLD PLANER 1
30 GAL CAB MOUNTED WATER
TANK
1 Service Agreements
John Deere Extended Warranty - 1

YEAR WARRANTY
Other Charges
LESS FREIGHT PREPAID-CP (MKTG 1
DESTINATION CHG-US 1
MARKET DEVELOPMENT FUN 1
88 89
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: NOTICE OF COMPLETION FOR THE WATER RECYCLING FACILITY ANOXIC AND AEROBIC TANKS REHABILITATION PROJECT (CIP NO. 9341)
Date: December 21, 2022
Agenda Item: 10.G

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Accept the work performed by Cushman Contracting Corporation for the Water Recycling Facility Anoxic and Aerobic Tanks Rehabilitation Project.

2. Authorize the City Manager to sign and staff to file the Notice of Completion with the County Recorder.

BACKGROUND:

On June 15, 2022, the City Council approved the award of a public works contract to Cushman Contracting Corporation for the Water Recycling Facility Anoxic and Aerobic Tanks Rehabilitation Project. Staff authorized the Notice to Proceed with the project on August 5, 2022.

ANALYSIS:

The project involved furnishing all necessary labor, materials, and equipment for the removal of access hatches, cleaning of the tanks to remove and process all accumulated solids, removal of 138 and replacement of up to 130 ultrafine bubble diffusers, the inspection of two Anoxic Tank mixers and three mud valves, and the refurbishment of two weir gates and three mud valves.

Upon final inspection conducted by MKN & Associates, construction was deemed complete and in substantial conformance with the construction documents. This work constitutes all of the identified scope items under the contract. As the previously identified scope is complete, Staff recommends signing of the Notice of Completion form and filing the signed copy with the County Recorder.

Filing the Notice of Completion establishes the beginning of the warranty period, 1 year for materials and workmanship. The warranty requires that the contractor guarantee the work performed under the contract and address any defects in the workmanship and materials. 90 STRATEGIC PLAN:

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

FISCAL IMPACTS:

Item Amount
Original Construction
Contract
$343,310
Change Orders $11,515
Total = $354,825
The Contractor has been paid the Total Construction Contract amount to date for the work completed. Filing the Notice of Completion will start the warranty period for the project.

OPTIONS:

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

1. Do not authorize staff to file the Notice of Completion. This will delay completion of the project and result in additional administrative and project management costs.

ATTACHMENTS:

EXHIBIT A - Notice of Completion.pdf
91 EXHIBIT A

NOTICE OF COMPLETION
92 Recording Requested by NO FEE (GOVERNMENT CODE § 27383) and When Recorded Mail To:

City Clerk, City Hall
P. O. Box 569
Santa Paula, CA 93061
NO FEE (GOVERNMENT CODE § 27383)_

NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: Water Recycling Facility Anoxic Tanks and Aerobic Tanks Rehabilitation Project
Project No.: CIP #9341
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:

1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described.

2. The full name of the owner is: City of Santa Paula

3. The full address of the owner is: City Hall, 970 Ventura Street, Santa Paula, CA 93060

4. The nature of the interest of the owner is: Water Recycling Facility

5. A Work of improvement on the property hereinafter described was field reviewed by the Engineer on November 30, 2022. The Work done was: Cleaning and grit removal from Anoxic and Aerobic Tanks #1 and #2, The removal and replacement of bubble diffusers, and replacement of valves and piping.

6. On November 30, 2022, the City of Santa Paula accepted the Work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder.

7. The name of the Contractor for such Work of improvement was:

Cushman Contracting Corporation

8. The property on which said Work of improvement was completed is in the City of Santa Paula, County of Ventura, State of California, and is described as follows:

9. The street address of said property is: 921 Calpipe Road Dated: 12/6/2022 Santa Paula, CA
Engineer
_ _ _

VERIFICATION
I, the undersigned, say: I am the City Manager of the City of Santa Paula, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury the foregoing is true and correct.

Executed on , 20 at Santa Paula, California.

Public Works Director
8 of 8 93
To: Honorable Mayor and Members of the City Council
From: Christy Ramirez, Finance Director
Subject: AMENDMENT TO HARVEST CFD NO. 1 SPECIAL TAX AND BONDED

INDEBTEDNESS LIMIT AND DECLARATION OF THE RESULTS OF ELECTION

TO CERTIFY AMENDMENT
Date: December 21, 2022
Agenda Item: 11.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

It is recommended that the City Council:

1. Adopt Resolution No. 7435 authorizing amendment of the levy of a special tax and bonded indebtedness limit for Improvement Areas B & C of Harvest Community Facilities District No. 1, and

BACKGROUND:

On November 21, 2016 the City Council adopted Resolution No. 7013 forming the Harvest Community Facilities District No. 1 and three Improvement Areas designated “A,” “B,” and “C” (corresponding to anticipated phases of development) to finance public infrastructure needs for The Harvest at Limoneira project and certain City services costs. Bonds, payable only from CFD No. 1 taxes and not from the general fund, to finance public infrastructure were issued in 2020 and 2022 and are contemplated to be issued again, likely in 2023, and beyond as development progresses.

The developer had originally expected to fund as much of the public infrastructure costs as possible through either bonds issued for the CFD, which began authorized in an amount not to exceed $33 million for Improvement Area A, $31 million for Improvement Area B, and $24 million for Improvement Area A, and/or directly on a pay as you go basis from special taxes levied on homeowners in the CFD.

At its meeting on December 10, 2018, the Council, at the request of the developer of the project, expressed its consideration to amend the special tax rate for the CFD. With an increased tax rate the CFD would be able to issue a greater amount of bonds, so at its meeting on January 16, 2019, the Council, likewise, at the request of the developer of the project, expressed its consideration of increasing the bond authorizations to the following amounts: $40,000,000 for Improvement Area A, $41,000,000 for Improvement Area B, and 94 $32,000,000 for Improvement Area C. These changes were finalized in February 2019.

ANALYSIS:

The Harvest at Limoneira project is approved for up to 1,500 residential dwelling units and

17.22 acres of commercial use to be constructed on 494.91 acres in the eastern part of the incorporated boundaries of the City. Approximately 632 residential units will be constructed in the first phase, with the remaining 868 residential units to be constructed in a second and third phase. The developer, Limoneira Lewis Community Builders, LLC has construction underway.

The City in 2016 formed Harvest Community Facilities District No. 1 to finance public infrastructure and certain City services costs. Bonds, payable only from CFD No. 1 taxes and not from the general fund, to finance public infrastructure for Improvement Area A were issued in 2020 and 2022 and are contemplated to be issued again as a final series for Improvement Area A. The developer would like to fund as much of the public infrastructure costs as possible through either bonds issued for the CFD, or directly by special taxes levied on homeowners within the CFD. Issuances of bonds for Improvement Area B and C are planned for the future as development of the project progresses.

The existing rate, method of apportionment, and manner of collection of the authorized special tax (the “Rate and Method”) for each Improvement Area was approved at the time of formation and is set forth in a Notice of Special Tax Lien recorded in the office of the County Recorder of the County of Ventura as follows: for Improvement Area A: on December 20, 2016 as Document No. 20161220-00188685-0; for Improvement Area B: on December 20, 2016 as Document No. 20161220-00188686-0 for Improvement Area C: on December 20, 2016 as Document No. 20161220-00188687-0. In February 2019, the Council approved amending the rate and method of apportionment of special tax and the corresponding bonded indebtedness limit for each Improvement Area, resetting the bonded indebtedness limit for Improvement Area A at $40,000,000, for Improvement Area B at $41,000,000 and for Improvement Area C at $32,000,000. Subsequently in June 2020 a first series of bonds were issued for Improvement Area A, and in March 2022 the City issued a second series, leaving approximately $5.6 million of bonds for Improvement Area A authorized but not yet issued.

Similar to the developer’s 2019 request to amend tax rates and bond authorizations, City staff has received a request from the developer to amend the Rate and Method for Improvement Area B and Improvement Area C, primarily to increase the allowable special tax rate in contemplation of future bonds for those Improvement Areas. Pursuant to that request, the Council on November 2, 2022 adopted the first required resolution to implement the change (Resolution No. 7424), which included as exhibits the modified tax rates (set forth in the “Rate and Method of Apportionment of Special Tax”) for the two Improvement Areas.

The proposed resolutions are the second and final step required by law, to make the requested changes. The changes to each Rate and Method of Apportionment of Special Tax, primarily to increase tax rates to reflect recent home price increases, are set forth in the proposed amendment to rate and method of apportionment of the Special Tax set forth in Exhibits A, B and C to the resolution, which are the same as approved by the Council in November.

If the changes are finally adopted by the Council, the increased tax rate would support the issuance of a greater amount of bonds. The existing amounts which are authorized for each of the three Improvement Areas in the CFD are: not to exceed $40 million for Improvement Area 95 A, $41 million for Improvement Area B, and $32 million for Improvement Area C, if approved, the resolution would increase those amounts to $70,000,000 for Improvement Area B, and $55,000,000 for Improvement Area C.

Legal Documents:

Revised Rate and method of apportionment for each of Improvement Area B & C. These specify actual tax structure to be used to calculate the tax each year with amendments proposed to be an increased tax rates to reflect recent home price increases (the amendments remain the same as were exhibits to Resolution 7424 adopted by the Council on November 2, 2022).

Final Actions in CFD Change Process:

The amendment resolution (the first of two) authorizes the requested changes and requires a Public Hearing followed by landowner vote on the changes. The vote will be held at this meeting, with ballots having been previously turned in to the Clerk. Since Limoneira Lewis Community Builders, LLC is the sole owner within Improvement Areas B & C, that entity will be the single voter and have executed a ballot in favor of the changes. After the unanimous landowner vote, the authorization of the levy of the Special Taxes for Improvement Areas B & C at the new rate and increases in the maximum amount of bonds that can be issued for Improvement Areas B & C become effective and the change process is complete. The election results resolution (the second of the two) certifies the election result and implements the changes. Subsequent to the meeting Bond Counsel will furnish an amendment to the Notice of Lien for the Clerk to have recorded in the County records.

STRATEGIC PLAN:

FISCAL IMPACTS:

The proposal increases the special tax authorized for the CFD. The obligation to pay special taxes in each Improvement Area of the CFD is solely an obligation of the parcels within the Improvement Area. Neither the parcel owner as an individual nor the City is directly obligated to pay the taxes. The taxes are secured solely by a lien on the taxable parcels and payable by parcel owners along with property taxes. When bonds are issued, debt service will be secured solely by a pledge of the special taxes on parcels within the respective Improvement Area.

There is no obligation from the City to pay debt service on the bonds or provide backup to the special tax levies.

OPTIONS:

ATTACHMENTS:

Reso 7435 CFD1 Reso of Amend.doc
Reso 7436 CFD1 Dec Results of Amend.doc
96 CITY COUNCIL OF THE CITY OF SANTA PAULA
RESOLUTION NO. 7435

RESOLUTION AUTHORIZING AMENDMENT OF THE LEVY OF A SPECIAL TAX AND BONDED INDEBTEDNESS LIMIT FOR HARVEST COMMUNITY FACILITIES DISTRICT NO. 1 AND IMPROVEMENT AREAS THEREIN AND SUBMITTING AMENDMENTS TO

QUALIFIED ELECTORS
WHEREAS, this Council on December 10, 2018, adopted Resolution No. 7182 (the “First Resolution of Consideration”) stating its intention to change the special tax formula for the City’s Harvest Community Facilities District No. 1 (Public Facilities) (the “CFD”) and Improvement Areas A, B, and C therein (collectively, the “Improvement Areas”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); WHEREAS, the owner of all the land in Improvement Area B and Improvement Area C of the CFD (“Improvement Areas B & C”) has requested (i) an amendment to the rate and method of apportionment of special taxes for Improvement Areas B & C, and (ii) an amendment to the maximum indebtedness limitation for Improvement Areas B & C, and this Council on November 2, 2022, adopted Resolution No. 7424 (the “Resolution of Consideration” stating its intention to implement the requested amendments;
WHEREAS, a copy of the Resolutions of Consideration, incorporating (i) a description of the proposed alteration to the rate and method of apportionment of the special taxes for Improvement Areas B & C (herein, each "Amended Rate and Method of Apportionment of Special Tax") to be levied within Improvement Areas B & C and (ii) the amended maximum authorized bonded indebtedness limit for the Improvement Areas B & C are on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein;
WHEREAS, on the date hereof, this Council held a noticed public hearing as required by the Act and the Resolutions of Consideration relative to the proposed changes to the special tax formula and indebtedness limit of Improvement Areas B & C; WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the changes to the special tax formula of the CFD and the levy of said special taxes within Improvement Areas B & C at the amended special tax rate and indebtedness limit were heard and a full and fair hearing was held;
WHEREAS, prior to the time fixed for said hearing, written protests against the proposals described in each Resolution of Consideration had not been filed by (i) 50% of more of the registered voters, or six registered voters, whichever is more, residing in the territory affected by increased special taxes arising out of the proposed amendment of the special tax formula of Improvement Areas B & C, or (ii) owners of one-half or more of the area of land in the territory affected by increased special taxes arising out of the proposed amendment of the special tax formula of Improvement Areas B & C; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA PAULA RESOLVES AS FOLLOWS:
97 -2-

1. All prior proceedings taken by this Council with respect to the CFD and the proposed amendment of the special tax formula of the CFD have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFD and Improvement Areas have been validly established pursuant to the Act and the provisions of the Resolutions of Consideration as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein

2. The proposed Amended Rate and Method of Apportionment of Special Tax for Improvement Areas B & C and amended indebtedness limit for Improvement Areas B & C, as described in the Resolution of Consideration on file with the Clerk is hereby finally approved, and is incorporated herein by reference, however the levy of special taxes at the amended rate is further subject to voter approval of the levy of the special taxes therein as hereinafter provided.

3. Pursuant to the provisions of the Act, the proposition of the levy of the special tax according to Amended Rate and Method of Apportionment of Special Tax and the proposition of the amended indebtedness limit for each Improvement Area shall be submitted to the voters of the area affected by increased special taxes arising out of the proposed amendment of the special tax formula of the CFD, at an election called therefor as hereinafter provided.

4. The Council hereby calls a special election to consider the measure described in the ballot referred to in paragraph 8 below, which election shall be held on Wednesday, December 21, 2022, at 6:30 p.m. in the City Council Chambers located at 970 Ventura Street, Santa Paula, California. The City Clerk is hereby designated as the official to conduct said election and to receive all ballots until the close of business on the election date. It is hereby acknowledged that the Clerk has on file the Resolutions of Consideration, a map of the boundaries of the CFD, and a sufficient description to allow the Clerk to determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail-delivered ballot pursuant to Section 4000 of the California Elections Code, except that Sections 53326 and 53327 of the Act shall govern for purposes of determining the date of the election.

5. This Council hereby finds that the provisions of Section 53326 of the Act requiring a minimum period of time before holding the special election are for the protection of the qualified electors of the CFD. There are on file with the Clerk written waivers executed by all of the qualified electors of the CFD allowing for a shortening of the time for the special election to expedite the amendment of the Rate and Method and the amendment of the indebtedness limit for each Improvement Area, waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, this Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

6. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory affected by increased special taxes arising out of the proposed amendment of the special tax formula of the CFD for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these amendment proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the 98 -3-
the CFD and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the CFD.

7. This City Council acknowledges that the City Clerk will cause to be delivered to each of the qualified electors within the CFD a ballot in the form set forth in Exhibit “A.” Each ballot shall indicate the number of votes to be cast by the respective landowner to which it pertains.

10. The City Clerk shall accept the ballots of the qualified electors received prior to 6:30 o’clock p.m. on December 21, 2022, whether received by mail or by personal delivery.

11. This Resolution shall take effect upon its adoption. * * * * * *
I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Paula, California, at a regularly scheduled meeting thereof, held on the 21st day of December, 2022, by the following vote of the City Council:

AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Andrew Sobel, Mayor
ATTEST:

Julie Latshaw, City Clerk
APPROVED AS TO FORM:
______________________________
Monica Castillo, Interim City Attorney
APPROVED AS TO CONTENT:
_________________________
Daniel Singer, City Manager
99 -4-
100
A - 1

EXHIBIT A
City of Santa Paula
Harvest Community Facilities District No. 2018-1
Improvement Areas B & C
2022 Amendment of Special Tax and Indebtedness Limit

OFFICIAL BALLOT

SPECIAL TAX AMENDMENT ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Santa Paula no later than 6:30 o’clock p.m. on December 21, 2022, either by mail or in person. The City Clerk’s office is located at 970 Ventura Street, Santa Paula, California.

To Vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Santa Paula and obtain another.

BALLOT MEASURE: Shall the measure whereby the City of
Santa Paula, by and for its Harvest Community Facilities District No. 1 (Public Facilities) (the “CFD”) and each Improvement Area therein, be authorized to amend the tax formula for determining the levy of special taxes and
indebtedness limit for territory in Improvement Areas B, and C of the CFD described in Resolution No. 7424 of the City of Santa Paula, adopted by its Council on November 2, 2022, be adopted?
YES:____
NO:_____
By execution in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 5327(b) of the California Government Code.

Number of Votes: ________
Property Owner:

Name:

Address:

By:

Title:
101

CITY COUNCIL OF THE CITY OF SANTA PAULA
RESOLUTION NO. 7436

RESOLUTION DECLARING RESULTS OF AMENDMENT OF SPECIAL TAX AND BOND

AUTHORIZATION ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND

DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN OF HARVEST COMMUNITY FACILITIES DISTRICT NO. 1
WHEREAS, this Council on December 10, 2018, adopted Resolution No. 7182 (the “First Resolution of Consideration”) stating its intention to change the special tax formula for the City’s Harvest Community Facilities District No. 1 (Public Facilities) (the “CFD”) and Improvement Areas A, B, and C therein (collectively, the “Improvement Areas”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); WHEREAS, the owner of all the land in Improvement Area B and Improvement Area C of the CFD (“Improvement Areas B & C”) has requested (i) an amendment to the rate and method of apportionment of special taxes for Improvement Areas B & C, and (ii) an amendment to the maximum indebtedness limitation for Improvement Areas B & C, and this Council on November 2, 2022, adopted Resolution No. 7424 (the “Resolution of Consideration” stating its intention to implement the requested amendments;
WHEREAS, in proceedings heretofore conducted by the Council pursuant to the Act, this Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land affected by a proposal to levy increased special taxes arising out of the proposed changes to the special tax formula and indebtedness limit of the Improvement Areas of the CFD;
WHEREAS, pursuant to the terms of the resolution calling a special election, which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass of Votes Cast in Special Election (the "Canvass"), a copy of which is attached hereto as Exhibit A; and,
WHEREAS, this Council has been informed of the Canvass, finds it appropriate and wishes to complete its proceedings for the CFD.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA PAULA RESOLVES AS FOLLOWS:

1. The foregoing recitals are all true and correct.

2. The issue presented at the special election was the the levy of the proposition to amend the special tax according to Amended Rate and Method of Apportionment of Special Tax and the proposition of the amended indebtedness limit for each Improvement Area heretofore approved by this Council as described in the "Resolution Authorizing Amendment of the Levy of a Special Tax and Bonded Indebtedness Limit for Harvest Community Facilities District No. 1 and Improvement Areas Therein and Submitting Amendments to Qualified Electors," adopted December 21, 2022.
102
-2-

3. The Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass, the issue presented at the special election was approved by the landowners of the territory in the CFD by more than two-thirds of such landowners voting at the special election.

4. Pursuant to the voter approval, said Rate and Method of Apportionment of Special Tax for the CFD is hereby declared to be amended as set forth in Resolution No. 7182, which amendment is now applicable to the calculation of the special taxes for each Improvement Area of the CFD, and this Council may levy special taxes therein as therein provided as a result of these proceedings.

5. Pursuant to the voter approval, said indebtedness limit for each Improvement Area of the CFD is hereby declared to be amended as set forth in Resolution No. 7187, which amendment is now applicable to such limit for each Improvement Area of the CFD as a result of these proceedings.

6. It is hereby found that all prior proceedings and actions taken by this Council pursuant to the CFD and the amendment of each Rate and Method of Apportionment of Special Tax for the CFD and amendment of the indebtedness limit for each Improvement Area of the CFD were valid and in conformity with the Act.

7. Within 15 days of the date hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Ventura, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highways Code.
* * * * * *
I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Paula, California, at a regularly scheduled meeting thereof, held on the 21st day of December, 2022, by the following vote of the City Council:

AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Andrew Sobel, Mayor
ATTEST:

Julie Latshaw, City Clerk
APPROVED AS TO FORM:

Monica Castillo, Interim City Attorney
APPROVED AS TO CONTENT:
103
-3-
Daniel Singer, City Manager
104
A-1

EXHIBIT A
City of Santa Paula
Harvest Community Facilities District No. 2018-1
Improvement Areas B & C
2022 Amendment of Special Tax and Indebtedness Limit

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on this date, in the territory affected by the proposed amendment of the special tax formula and indebtedness limit of Harvest Community Facilities District No. 1 Improvement Areas B and C of the City of Santa Paula which election is designated as the 2022 Amendment of Special Tax and Indebtedness Limit Election, and the total number of ballots cast in the territory affected by the proposed amendments and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner Votes
Votes Cast YES NO
City of Santa Paula, Harvest Community
Facilities District No. 1 2022 Amendment of
Special Tax and Indebtedness Limit Election,
December 21, 2022. _____ _____ _____ _____
BALLOT MEASURE: Shall the measure whereby the City of Santa Paula, by and for its Harvest Community Facilities District No. 1 (Public Facilities) (the “CFD”) and Improvement Areas B & C therein, be authorized to amend the tax formula for determining the levy of special taxes and indebtedness limit for territory in Improvement Areas B, and C of the CFD described in Resolution No. 7424 of the City of Santa Paula, adopted by its Council on November 2, 2022, be adopted? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 21st day of December, 2022.

CITY OF SANTA PAULA
By:

City Clerk
105
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject:

RESOLUTION NO. 7431 APPROVING AMENDMENTS TO THE
CONDITIONS OF APPROVAL FOR PROJECT 22-TM-01, VESTING
TENTATIVE TRACT MAP NO. 6074
Date: December 21, 2022
Agenda Item: 11.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 7431 approving amendments to the Conditions of Approval for Project 22-TM-01, Vesting Tentative Tract Map No. 6074.

BACKGROUND:

On August 23, 2022, the Planning Commission approved Resolution No. 3839 recommending that the City Council review and approve the proposed project as presented this evening. The applicant, Limoneira Lewis Community Builders LLC, is now requesting a review of their Vesting Tentative Tract Map (VTTM) No. 6074 on the former school site. The tract map would accommodate their proposal to build 121 detached residential condominium units on the 4 parcels originally created by Parcel Map (PM) No. 6065.

On September 21, 2022 the City Council approved Resolution No. 7423 to approve Project No. 22-TM-01, with condition amendments, for VTTM No. 6074--a subdivision of 4 existing lots that would allow for the development of 121 residential condominium units and 6 lettered lots for private streets and landscaping, and approve the street names, subject to the conditions of approval. At that time there were two edits that were not included in the final Conditions of Approval. As a result, staff returned to the Planning Commission in a public hearing to revise the conditions and make necessary corrections.

The recommended changes are as follows:

Insert the word "provide" in Condition No. 40.

40. Before the City issues a grading permit, the Applicant must provide a potable water infrastructure report and water improvement plans for review and approval by the Public 1 Works Director, or designee. report and plans shall be in accordance with the approved Master Water Plan and the Development Agreement; and 106
Remove Condition No. 47.

47. Prior to the issuance of the certificate of occupancy for the first residential dwelling unit in the project, if applicable, the Zone 330 water tank or approved alternative shall be constructed and dedicated to the City.

Condition of approval No. 47 was incorrectly included as a condition. The 330 water tank does not supply water to this area of the development and as a result this condition is not applicable.

On December 6th, 2022, the Planning Commission approved Resolution 3843 recommending that the City Council approve the proposed amendments to the project conditions as described therein and in this report.

ANALYSIS:

ENVIRONMENTAL REVIEW:

Pursuant to Section 15162 of the California Environmental Quality Act, approval of Project No. 22-TM-01 does not require a subsequent or supplemental Environmental Impact Report (EIR) because the requested amendments to the Conditions of Approval do not substantively change Tentative Tract Map No. 6074 for condominium purposes and will not result in any new significant impacts or any substantial increase in severity of the significant impacts identified in the previously approved East Area One Final EIR for the East Area 1 Project.

PUBLIC NOTIFICATION:

A notice of public hearing was published in the Santa Paula Times in compliance with state law. Also, in compliance with the City’s Zoning Ordinance, all property owners within a 300- foot radius of the project site were mailed notifications of the public hearing, and the project site was posted with a sign. As of the date of this report no comments have been received.

STRATEGIC PLAN:

None.

FISCAL IMPACTS:

None.

OPTIONS:

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

1. Reject staff's recommendation to amend the Conditions of Approval. However, doing so will create inconsistencies in the development requirements and delay the project.

ATTACHMENTS:

A - Resolution and COAs East Area 1 TTM 6074. Amended 12-21-22-40899157-v2-c1.docx 107

Page 1 of 20 ends

ATTACHMENT A
RESOLUTION NO. 7431 AND EXHIBIT A:

REVISED CONDITIONS OF APPROVAL FOR
PROJECT 22-TM-01
108

Page 2 of 20 ends

RESOLUTION NO. 7431

A RESOLUTION OF CITY COUNCIL APPROVING CORRECTIONS TO THE

CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP (VTTM) NO. 6074 CREATING A 4-LOT SUBDIVISION FOR THE DEVELOPMENT OF 121 RESIDENTIAL CONDOMINIUM UNITS AND 6 LETTERED LOTS FOR

PRIVATE STREETS LOCATED WITHIN THE CIVIC DISTRICT OF THE EAST AREA 1 SPECIFIC PLAN AREA.

PROJECT NO. (22-TM-01)
The City Council of the City of Santa Paula does resolve as follows:

SECTION 1: The City Council finds and declares that:
:

A. On February 26, 2008, the City Council certified the East Area 1 Final Environmental Impact Report (SCH#2006071134) (the “EA1 FEIR”).

B. On March 3, 2008, the City Council approved the East Area 1 Specific Plan SP3 in accordance with Government Code § 65450, et seq. (“the Specific Plan”).

The City Council also approved a Pre-Annexation Agreement and Development Agreement (the “DA”).

C. Following a special election in June 2008, the City Council adopted Resolution No. 6508 on July 7, 2008, finding that voters approved Measure G amending Section III (F) of the Land Use Element of the Santa Paula General Plan and Section III(G) of the Land Use Element to the General Plan.

D. Together, the GPA, Specific Plan and DA allow development of the East Area 1 Project (the “Project”): a mixed use-community of up to 1,500 total residential units and an estimated 810,000 square feet of office, retail, light industrial and civic facilities.

E. In February 2010, the City prepared Addendum No. 1 to the EA1 FEIR to address the addition of three parcels to the proposed East Area 1 annexation.

F. Annexation of the Project site was recorded March 7, 2013, with a correction recorded May 22, 2013. A series of amendments to the Specific Plan and other entitlements for the Project were subsequently approved.

G. On February 17, 2015, the City approved an amendment to the Specific Plan (EA1- SP 3) which revised the land use plan and regulating plan as defined in the thencurrent Specific Plan, and approved a Master Vesting Tentative Map (VTTM No. 5854) that subdivided the EA1SP Area into several “super lots” to facilitate its development. The EA1-SP 3 amendment left the maximum number of residential units (1,500) unchanged.

H. On October 25, 2016, the Planning Commission held a public hearing and recommended that City Council approve eight separate Vesting Tentative Tract 109

Page 3 of 20 ends

Maps (VTTM Nos. 5985, 5986, 5987, 5988, 5989, 5990, 5991, and 5992) to further subdivide the “super lots” created by VTTM No. 5854, creating 274 lots with a mix of single-family, multi-family, and condominium dwelling units, on approximately

72.3 acres of the 501 total acres located within the East Area 1 plan area.

I. On November 21, 2016, the City Council held a public hearing and approved Vesting Tentative Tract Map Nos. 5985 through 5992 for Phase I of the East Area Specific Plan Area. Phase I includes the Haun Creek Neighborhood and portions of the Hallock Center area of the East Area 1 Specific Plan.

J. On June 27, 2017, the Planning Commission held a public hearing and recommended that the City Council approve two additional Vesting Tentative Tract Maps, VTTM Nos. 6000 and 6001, to further subdivide the “super lots” of VTTM No. 5854. VTTM No. 6001 governs Phase II of the Project and includes the Foothill Neighborhood of the East Area 1 Specific Plan. VTTM No. 6000 governs Phase III of the Project and includes the Santa Paula Creek Neighborhood of the East Area I Specific Plan.

K. On July 17, 2017, the City Council held a public hearing and approved Vesting Tentative Tract Maps Nos. 6000 and 6001 for Phase II and Phase III of the Project.

VTTM Nos. 6000 and 6001 combined create a total of 525 lots on approximately 140.65 acres of the East Area 1 Plan Area.

L. In May 2021, the Planning Commission recommended City Council approve Addendum No. 2 to the EA1 FEIR to approve an amendment to the East Area 1 Specific Plan (Project. No. 21-SPA-01), expanding the range of residential uses allowed within the Civic District which the City Council approved.

M. In June 2021, City staff approved Parcel Map No. 6065 to subdivide a would-be 10.8-acre site of a future elementary school (“Former School Site”) into 4 lots for future development of residential units.

N. In August 2021, City staff approved a Design Review packet (21-DR-05) for the future construction of 121 detached condominium units on the Former School Site.

O. In July 2022, Limoneira Lewis Community Builders, LLC (“Applicant”) filed an application (Project No. 22-TM-01) with the City for Vesting Tentative Tract Map No. 6074 (VTTM No. 6074). The site of VTTM No. 6074 is a former school site and is located in the Civic District within the East Area 1 plan area. The Map would create 121 detached condominium units and 6 lettered lots for private streets.

P. The application for VTTM No. 6074 was reviewed by the City’s Planning Division, in part, for consistency with the General Plan and conformity with the Santa Paula Municipal Code (“SPMC”).

Q. In addition, the City reviewed proposed VTTM No. 6074’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 110

Page 4 of 20 ends

21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal.

Code of Regulations §§15000, et seq., the “CEQA Guidelines”).

R. On August 23, 2021, the Planning Commission held a public hearing regarding proposed VTTM No. 6074 and approved Resolution No. 3839 recommending that the City Council approve the map.

S. On September 21, 2022, the City Council held a public hearing regarding proposed VTTM No. 6074, at which time Resolution No. 3839 and its findings were adopted.

T. On December 21, 2022, VTTM No. 6074 returned to the City Council and a public hearing was held to consider two corrections to Condition of Approval Nos. 40 and 47 as set forth herein. Notice of the public hearing was given in accordance with SPMC § 16.104.010.

U. This Resolution No. 7431, including the corrected Conditions of Approval, and its findings are adopted based upon the evidence set forth in the entire record including, without limitation, documentary, and testimonial evidence; the staff report; and such additional information set forth in the entire administrative record that is too voluminous to reference but is on file with the City Clerk’s office.

SECTION 1: Vesting Tentative Tract Map Required Findings. Pursuant to Government Code § 66474 and SPMC § 16.80.220(D), the City Council makes the following findings to approve changes to previously-approved VTTM No. 6074, subject to the corrected conditions of approval:

A. The proposed subdivision is consistent with applicable general and specific plans.

The proposed subdivision has been reviewed for conformity with the EA1SP and deemed consistent with the plan. The site of the proposed subdivision is zoned Civic District in the EA1SP Regulating Plan. The Civic District zone applies to areas intended for residential uses, community parks, neighborhood parks and squares. The VTTM is also consistent with the Santa Paula General Plan because the underlying land use designation is East Area 1 Specific Plan, and the subdivision complies with the density intended for this land use; B. The design and improvement of the proposed subdivision is consistent with the applicable general plan and specific plans. The design and improvement of the proposed subdivision has been reviewed for conformity with the EA1SP and deemed consistent with the plan. The site of the proposed subdivision is zoned Civic District in the EA1SP Regulating Plan. The Civic District zone applies to areas intended for a range of residential uses, community parks, neighborhood parks and squares. The VTTM is also consistent with the General Plan because the underlying land use designation is East Area 1 Specific Plan, and the subdivision complies with the density intended for this land use; C. The proposed subdivision is consistent with the provision of the Development Code, as the site is physically suitable for the type of development. The site of the proposed 111

Page 5 of 20 ends

VTTM is currently vacant and cleared of agricultural trees. The site is able to physically accommodate the proposed number of lots, future improvements, site landscaping, and parking, while complying with all applicable development regulations, such as street widths, lot sizes, and requirements in the City Subdivision and Zoning Codes, street standards, and development standards.

D. The proposed subdivision is consistent with the provision of the Development Code, as the site is physically suitable for the proposed density of development. The site will have a residential area of 10.88 total acres with 121 condominium units at a density of 11.12 dwelling units per acre. This site is able to physically accommodate the proposed density.

E. The design of the subdivision or and the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat. The site is vacant and already cleared of trees. The proposed improvements to the site will be buffered by other residential areas, the existing recreation center, and a future community park and are thus unlikely to cause substantial environmental damage or substantial and unavoidable injury to fish or wildlife or their habitat.

F. The design of the subdivision and the proposed improvements are not likely to cause serious public health problems. The design of the subdivision and the proposed improvements are in compliance with all required standards. The subdivision proposes facilities and adequate infrastructure to support the proposed residential uses. In addition, the subdivision, as conditioned, is required to be in compliance with all applicable State, County, and City design, building, and other safety related laws, codes, and regulations, including, but not limited to, the Uniform Building Code and Uniform Fire Code. Furthermore, the proposed subdivision will not involve the generation, disposal, use, release, or transportation of a significant amount of toxic or hazardous substances, and will not create noxious or offensive odors. Therefore, it is not anticipated that the proposed subdivision will cause serious health problems.

G. The design of the subdivision and the type of improvements will not conflict with easements of record or established by court judgment or acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or for use will be provided and these will be substantially equivalent to ones previously acquired by the public. Review of the subdivision has revealed that the improvements will not conflict with existing easements acquired for the purposes of providing public access through, or use of, the property.

H. The proposed subdivision will not discharge waste into an existing community sewer system in violation of existing requirements prescribed by the California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. There is sufficient capacity at the Santa Paula Water Recycling Facility to treat the volume of wastewater generated by the proposed subdivision.
112

Page 6 of 20 ends

I. The subdivision is in the interest of the public health and safety because the proposed development would improve and extend City infrastructure and utilities to better serve the project site and the surrounding area.

J. The subdivision is a necessary prerequisite to the orderly development of the surrounding area for the reasons described above.
.

SECTION 3: Required Findings for Changes to Conditions of Approval. The City Council finds that the changes to the previously approved Condition No. 47 are warranted because a material mistake of fact was made in the deliberations leading to the original approval.

Original Condition No. 47 required the Applicant to construct the Zone 330 water tank, or an approved alternative, and dedicate it to the City. However, the water tank is not meant to serve proposed VTTM No. 6074. Additionally, though no finding is required to correct a nonsubstantive scrivener’s error, City Council approves the addition of the word “provide” before “a portable water infrastructure” to Condition No. 40. The word was mistakenly omitted.

SECTION 4: Environmental Assessment: The Planning Commission makes the following environmental findings:

A. The City certified EA1 FEIR, adopted the EA1SP, and approved a series of related actions in February 2008. As required by the CEQA, the City adopted findings of fact for the significant impacts identified in the EA1 FEIR and a statement of overriding considerations for those impacts identified as significant and unavoidable after the incorporation of all feasible mitigation into the Project.

B. Addendum No. 1 to the EA1 FEIR, prepared by the City in February 2010, addressed the addition of three parcels to the proposed East Area 1 annexation to allow for the implementation of improvements to the intersection of Telegraph Road and Hallock Drive identified in Mitigation Measure T-2 of the EA1 FEIR.

C. From 2014 through 2016, the City prepared two subsequent Addendums to the EA1 FEIR to address changes to the Project, as well as a Final Supplemental EIR (the “FSEIR”), certified in 2015, for, among other entitlements, an amendment to the Specific Plan, followed by two Addendums to the FSEIR.

D. All prior CEQA documents shall collectively comprise and be referred to herein as the “EA1 FEIR”.

E. The EA1 FEIR (including documents and other materials that constitute the record of proceedings on which the City’s findings and decisions are based) is located at City of Santa Paula, 970 Ventura Street, Santa Paula, CA 93060. The custodian for these documents is the Community and Economic Development Director. This information is provided in compliance with CEQA § 21081.6(a)(2) and CEQA Guidelines § 15091(e).

F. The EA1 FEIR is incorporated into this Resolution by reference as if fully set forth herein.
113

Page 7 of 20 ends

G. The California Environmental Quality Act (CEQA) requires a review of the information in the FSEIR to address changes to a project or changes to the circumstances under which a project will occur and to assess whether a subsequent or supplemental EIR is required.

H. Pursuant to Section 15162 of the California Environmental Quality Act, approval of Project No. 22-TM-01 does not require a subsequent or supplemental EIR because the proposed modified subdivision will not result in any new significant impacts or any substantial increase in severity of the significant impacts identified in the Final Supplemental EIR for the Project. Approving the VTTM would not increase the total approved units in the project (1500) and the map does not add improvements that were not already considered in the previous environmental document (East Area 1 Final EIR).
.

SECTION 5: City Council Approval. Based on the foregoing findings, City Council re-approves Vesting Tentative Tract Map No. 6074 for the East Area 1 Specific Plan subject to the corrected Conditions of Approval set forth in Exhibit “A,” which are incorporated into this Resolution by reference. Corrections to the Conditions of Approval consist of:
 The addition of the word “provide” before “a portable water infrastructure” to previouslyapproved Condition No. 40; and  Deletion of previously-approved Condition No. 47.

SECTION 6: Reliance on the Record. Each and all of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 7: Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts were made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

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

SECTION 9: This Resolution will remain effective until superseded by a subsequent resolution.

SECTION 10: The City Clerk is directed to mail a copy of this Resolution to Applicant and Applicant’s Representative and to any other person requesting a copy. 114

Page 8 of 20 ends

SECTION 11: This Resolution is the City Council’s final decision and becomes effective immediately upon adoption.

PASSED AND ADOPTED this 21th day of December 2022.
_________________________________
Andy, Sobel, Mayor

ATTEST:
____________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
_________________________________
Monica Castillo, Interim City Attorney
115

Page 9 of 20 ends

Exhibit A

CONDITIONS OF APPROVAL
22-TM-01 VTTM No. 6074 for 121 condominium units
(Original Approval 2006-CDP-02 East Area 1 SP-3)
In addition to all applicable provisions of the Santa Paula Municipal Code ("SPMC"), the Limoneira Lewis Community Builders, LLC (Applicant/Property Owner) agrees for itself, its heirs and assigns that it will comply with the following provisions as Conditions for the City of Santa Paula's Approval of Project No. 22-TM-01 for East Area 1 Vesting Tentative Tract Map No. 6074 "Project Conditions ".

GENERAL CONDITIONS
Planning

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

2. The Property Owners/Applicant must comply with all applicable law including, without limitation, the SPMC and such uncodified regulations, policies, and conditions regulating the Project. In addition, the Property Owners/Applicant must pay all applicable fees and assessments to the City.

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

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

5. Applicant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Project No. 22-TM-01 for East Area 1, Vesting Tentative Tract Map No. 6074 – Civic District. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Project No. 22-TM-01 East Area 1 Vesting Tentative Tract Map No. 6074, Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of Santa Paula's elected officials, appointed officials, officers, and employees, and consultant including, without limitation, legal counsel. 116

Page 10 of 20 ends

6. The Applicant or the Applicant's successor-in-interest is responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal.

7. The Applicant must comply with all provisions of the project's Development Agreement.

Annual monitoring is required as outlined in the Agreement.

8. The Applicant must comply with all mitigation measures identified in the Final Supplemental Environmental Impact Report prepared for the East Area 1 Specific Plan Amendment and related approvals. A Mitigation Monitoring and Reporting Program (MMRP) was prepared as part of the environmental review for the project (Resolution No. 6906). The mitigation measures of the MMRP are incorporated into these conditions of approval by reference

9. In compliance with California law, the Mitigation Monitoring and Reporting Program (MMRP) will be administered for the project. Before the City issues the first Certificate of Occupancy, the Applicant must pay a deposit of $30,000 for the administration of the MMRP. This fee must be paid no later than January 1st of each year until the final Certificate of Occupancy is issued and is subject to change.

10.Prior to the issuance of building permits, plans submitted to the Building Department, Fire Department, and Planning Department for building permits must contain a printed copy of these Conditions of Approval, the Final Mitigation Monitoring and Reporting Program (MMRP) and the Project number, "22-TM-01" for East Area 1, Vesting Tentative Tract Map No. 6074, in the title blocks of the plans.

Tentative Map

11.Except as otherwise provided by a development agreement or pursuant to Government Code § 66452.6(a)(1), a tentative map expires twenty-four (24) months after the date the map was approved.

12.The right conferred upon a vesting tentative map is vested for an initial time period of twenty-four (24) months from the date a final map is recorded. Where several final maps are recorded on various phases of a project, approved by a single vesting tentative map, this time period begins for each when the final map for that phase is recorded.

13.The initial time period is automatically extended by any time used by the City for Processing a complete application for a grading permit or for design or architectural review, if the time period used by the city to process the application exceeds (30) days from the date the complete application is filed.

14.The conditions under which an extension of time or stay is granted for a vesting tentative map must be consisted with that established for tentative maps

15.If a developer submits a complete application for a building permit during the initial time period, or any granted extension, the rights conferred by the vesting map continue until the expiration of that building permit or any extension to that building permit that the City may issue.
117

Page 11 of 20 ends

16.Within twenty-four (24) months after the date the City Council approves a tentative map, or any later date that may be authorized by an extension granted pursuant to this article, the subdivider must cause the subject property to be accurately surveyed and a Final Map to be prepared in conformance with the tentative map and any and all applicable conditions.

17.The Final Map must be processed in accordance with SPMC §§ 16.80.410 through

16.80.470.

PLANNING DEPARTMENT

18.The owner/Applicant must prepare and record a declaration of Covenants, Conditions and Restrictions (CC&R's) as required by Civil Code §4250 sufficient to enforce owner/Applicant obligations to the City under this approval. Before the City approves the first final vesting master map for the project, the CC&R's must be reviewed and approved by the City Attorney. Project CC&Rs must include provisions requiring the incorporation of drought tolerant landscaping and minimal turf areas in ornamental planting areas. The Applicant must pay all of the City's costs associated with such review including, without limitation, attorney's fees of the City Attorney.

19.As subsequent maps are approved, each must include a condition that the Applicant must provide the prospective home buyers disclosure of the following items. Proof of this disclosure, must be provided to the Planning Department and included in the CC&Rs for the project before the City issues the first certificate of occupancy:

20.The presence of an active community park/detention basins that will include sports field lighting for evening use;

21.Continued agricultural uses on the 55 acres on the northern edge of the Specific Plan area.

Cultural Resources

22.Before the start of grading activities in native soils, the project specifications must require a qualified Native American monitor to be present during grading activities within native soils. The Native American monitor will be authorized to halt construction, if necessary, in the immediate area (up to 200 feet) where buried cultural remains are encountered.

Growth Management

23.The City will not issue more than 500 building permits per year in accordance with applicable law.

PUBLIC WORKS DEPARTMENT
Grading and Drainage

24.Before the City issues a grading permit, a grading and drainage plan and report for the 118

Page 12 of 20 ends

project must be prepared and approved as part of the final subdivision map approval for the project. The grading plan must demonstrate conformance with the limits of grading exhibit of the project Final SE1R, the standards of the Specific Plan, and CBC. The Public Works Director, or designee, must select the geotechnical/soils evaluations reviewer for the project grading plans. Permittee must reimburse City for all costs associated with review of plans.

25.All grading must conform to Chapter 33 and Appendix J of the California Building Code (CBC) as adopted by the SPMC, and applicable provisions of the County of Ventura Grading regulations.

26.The applicant shall submit a site-specific geotechnical report that shall include slope stability analysis where needed or requested by the City reviewer. The report shall include design recommendations for the proposed retaining walls and recommendations for building setbacks. The recommendations of the geotechnical report shall be reviewed and approved by the City prior to issuance of a grading permit.

27.The grading plan shall be consistent with the master grading plan and includes the following minimum requirements:
a. Final earthwork quantities estimates (cut/fill, import/export). b. An Erosion Control Plan outlining site specific Construction Best Management Practices (BMPs) for prevention of soil erosion/deposition and non-visible pollutant management in accordance with the current version of the State of California Construction General Permit 2009-009-DWQ and subsequent amendments.
c. Final pad and roadwayelevations.
d. Designation of borrow or stockpile site locations for import/export material. e. The extent of all remedial/corrective gradingrequired (over-excavations, etc.) f. Interim drainage detention basin locations and development phase specific drainage requirements based upon the approved project Master Hydrology and Hydraulics report or the area specific approved Hydrology and Hydraulics report.

28.Before the City issues any grading permit that will affect jurisdictional drainages, the Applicant must provide a copy of the applicable regulatory permit (US Army Corps of Engineers, California Department of Fish and Wildlife, County of Ventura, and as applicable Regional Water Quality Control Board) to the Public Works and Planning Departments. With respect to the Haun Barranca and or Santa Paula Creek restoration permits, the Applicant must submit documentation that the project requirements are satisfied or bonded for (if required by the regulatory agencies). The Applicant must also provide a plan documenting that the restoration efforts will be implemented consistent with the timing requirements of the permits.

29.Before the City issues a grading permit, a Construction Management Plan, including construction truck routes, traffic control plan, and a staging plan, must be submitted for review and approval by the Public Works Director, or designee. The plan must include the duration of the grading operation and construction activities, import/export truck 119

Page 13 of 20 ends

routes, and a daily time schedule of operations. Site construction access must utilize designated truck routes.

30.The Applicant must reconstruct any existing public improvements adjacent to the limits of the project damaged during the construction of the project.

31.Public streets that are utilized for construction and grading operations must be maintained and swept daily during construction activity using a pickup type street sweeper.

Drainage

32.Before the City issues a grading permit, the Applicant must submit a Hydrology and Hydraulic study to the Public Works Director, or designee, for review and approval. applications must demonstrate compliance with the City approved project Master Hydrology and Hydraulic report.

33.The Applicant must construct the proposed on and offsite drainage facility improvements and the debris and detention basin provisions as identified in the Specific Plan and Master Hydrology and Hydraulic Report documents that are related to this phase of the development. An appropriate maintenance mechanism and operations plan must be approved by the Public Works Director, or designee, as part of final design. Drainage and flood control facility design, including modifications to the existing on-site drainages and Haun Creek must be in accordance with the requirements of the Public Works Director, or designee, and Ventura County Watershed Protection District (VCWPD).

34.Proposed Drainage facilities can be built in phases but shall be constructed simultaneously with the grading operations of each phase of construction. Construction phasing plan must be approved by the Public Works Director, or designee, as part of final design. Storm drain infrastructure phasing plan is required to ensure public health and safety and to prevent possible adverse effects of construction operations on downstream storm drain infrastructures during a storm event.

35.The development drainage design must incorporate the requirements of the Ventura County Technical Guidnce Manual, current edition, and the County of Ventura Municipal Separate Storm Sewer System (MS4).

36.The Hydrology and Hydraulics report for the development must address offsite drainage patterns and flows that could affect the project.

Stormwater Quality

37.Before the City issues a grading permit, the project Applicant must submit a project Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No.

CAS000002). The Applicant must submit the project Stormwater Pollution Prevention Plan (SWPPP) for review and approval by the Public Works Director, or designee. 120

Page 14 of 20 ends

38.Development drainage design practices must be performed in accordance with the Ventura Countywide Stormwater Quality Management Program, National Pollution Discharge Elimination System (NPDES) Permit No. CAS004004 and current permit updates as well as the Ventura County Technical Guidance Manual. Project drainage designs must incorporate Post Construction Best Management Practices (BMPs) for review and approval by the Public Works Director, or designee, and must comply with MS4 requirements.

39.Before the City issues a grading permit, parking areas and associated drive aisles must be designed in accordance with the Ventura County Technical Guidance Manual. The design must be submitted to the Public Works Director, or designee, for review and approval.

Water and Wastewater

40.Before the City issues a grading permit, the Applicant must provide a potable water infrastructure report and water improvement plans for review and approval by the Public Works Director, or designee. report and plans shall be in accordance with the approved Master Water Plan and the Development Agreement.

41.Before the City issues a grading permit, the Applicant must prepare a detailed utility infrastructure construction phasing plan for reviewed and approval by the Public Works Director, or designee. The plan shall show the extent and schedule of each phase, connection points, and pipeline alignments.

42.For each phase of construction, a standalone set of plans shall be prepared for all infrastructures and improvements intended to be turned over to the city to own, operate, and maintain. Water and wastewater infrastructure phasing plan is required to ensure public health and safety and to prove the proposed systems in each phase can operate independently from the same systems in the next phase of construction if needed.

43.The City may elect not to accept any improvements and exonerate related construction bonds before the top lift of asphalt on the related streets has been installed.

44.All water and sewer facilities must be designed and constructed in accordance with the adopted City Standards as well as the provisions of the Standard Specifications of Public Works Construction (SSPWC) aka the "Greenbook." Improvement plans detailing materials, layout and equipment manufacturers must be submitted for review and approval by the Public Works Director, or designee.

45.Before the City issues building permits, the Applicant must submit for review and approval by the City Public Works Director, or designee, evidence that the project incorporates water conservation Best Management Practices (BMPs) and water conserving measures. The water conservation measures were identified in the project Water Supply Assessment (WSA) and in the Draft Specific Plan. Provide water conservation education materials and notification for the proper use and maintenance of water conservation facilities to the Public Works Director for review and approval. 121

Page 15 of 20 ends

46.Before the issues a grading permit, the Applicant shall submit a project specific sewer report and improvement plans for review and approval by the Public Works Director, or designee. The reports and the plans shall be in accordance with the approved Master Sewer Plan and shall include design, selection of materials and the operation of the facilities.

Circulation and Traffic

47.The Applicant must submit a project specific traffic study and circulation analysis for review and approval by the Public Works Director, or designee. The documents must be prepared by a California registered Traffic Engineer approved by City and demonstrate compliance with the approved Master traffic plan and accounts for all additions and modifications to the EA1SP and the approved mater map.

48.Road layout and cross section must be in substantial conformance with the approved Specific Plan, the General Plan or the SPMC. The Applicant must submit pavement design (structural section, layout, etc.) as part of the final subdivision map submittals. Street layout shall meet the sight distance requirements per the city of Santa Paula standard plans and must be reviewed and approved by the Public Works Director, or designee. Road layout must incorporate bicycle improvements consistent with the City andVCTC Regional Bicycle Master Plan.

49.Street configurations that are not included in the SPMC, Specific Plan or General Plan documents must be reviewed and approved by the Public Works Director, or designee.

50.Before City approves the grading plan, traffic calming devices must be approved by the Fire Chief and Public Works Director or designee.

51.Street trees must be planted on all streets within the project based upon the East Area 1 Specific Plan and as approved by the Public Works Director, or designee. A security deposit must be posted with the City to ensure maintenance before recordation of any subdivision maps within the project.

52.Applicant must grant temporary easements for, and construct, turnarounds not less than 40-foot in radius at the terminus of all streets for which regular turnarounds are not shown on the tentative map to provide temporary turnarounds until such streets are extended. A turnaround is not required on streets which extend less than two lots or 150 feet.

53. Before the City issues a grading permit, traffic circulation and control on adjacent streets, including all curb openings, control signs for regulation, warning, and guidance of traffic, must be designed as required by the Public Works Director, or designee. Traffic circulation and control onsite must meet the approval of the Planning Director and Public Works Director, or designee.

54.Permanent Ventura County survey monuments must be located and installed in 122

Page 16 of 20 ends

accordance with the County of Ventura Road Standards Plate E-4, Revision D, Locations must be at the intersection of street centerlines, and as designated by the Public Works Director, or designee. All survey monumentation must be installed in accordance with the County of Ventura Road Standards and must comply with Business and Professions Code 8771.

55.The traffic analysis report must identify direct routes to school facilities from neighborhoods that cross collector and arterial streets. Those locations must have in pavement crosswalk lights. Location and manufacturer must be approved by the Public Works Director, or designee.

56.Before the City approves any improvement plans, the Applicant must submit a street lighting plan for review and approval by the Public Works Director, or designee. The plan must include the light fixture lumens proposed within the project boundaries.

Street lights must utilize LED and/or dark sky technology as identified by the Public Works Director, or designee. For project streets that connect to an existing street, the plan must identify the location of the first existing street light on the existing street.

For street lights located on local streets, the lights must be located a maximum of 220 feet apart. For street lights located on collector streets, the lights must be located a maximum of 200 feet apart. For street lights located on primary and secondary arterial streets, the lights must be located a maximum of 200 feet apart.

57.Applicant must obtain all necessary encroachment permits before the city approves any subdivision map or grading permit as applicable. Typical permits include, without limitation, Southern California Edison Company, Southern California Gas Company, Verizon Communications (telephone), Time Warner (cable television), Ventura County Watershed Protection District, Ventura County Transportation Department, Ventura County Transportation Commission (railroad), andCaltrans.

58.Prior to building permits being issued: all water; sewer and storm drain construction within the streets shall be inspected by public works inspectors and completed per the approved improvement plans; the streets shall have all curb and gutters; base and the base course of paving installed, and the remaining street construction shall be bonded for.

VENTURA COUNTY FIRE DEPARTMENT

59.Construction Access - Prior to combustible construction, a paved all-weather access road / driveway suitable for use by a 20-ton Fire District vehicle shall be installed at locations approved by the Fire District.

60.Construction Access Utilities - Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts.

61.Vertical Clearance - All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. 123

Page 17 of 20 ends

62.Fire Lanes - Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.

63.Address Numbers (Single-Family Homes) - Address numbers, a minimum of 4 inches (4") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Where structures are set back more than 150 feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post.

64.The minimum fire flow required shall be determined as specified by the current adopted edition of the International Fire Code Appendix B with adopted Amendments and the applicable Water Manual for the jurisdiction (with ever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration at the project prior to obtaining a building permit.

65.All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.

66.Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 20 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements.

67.Applicant shall obtain VCFD Form #610B "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures.

68.Site Access - Two (2) means of ingress/egress shall be provided to the development in accordance with Fire District access standards.

69.Access Road Width, Private Roads/Driveways - Private roads shall comply with Public Road Standards.
a) Access road width of 36 feet shall be provided for residential use with parallel parking permitted on both sides.
b) Access road width of 32 feet shall be provided for residential use with parallel parking permitted on one side.
c) Access road width of 24 feet shall be required with no on-street parking permitted. d) Where one-way traffic and off-street parking occurs, a 20-foot driveway width shall be provided. (Note: limited use only and not for high hazard occupancies: H, R-1 over 2 stories, R-2) (Review with FPD)
124

Page 18 of 20 ends

e) Aerial Ladder Fire Apparatus Access, Multi-Family, Commercial or Industrial Buildings or portions of buildings or facilities with perimeter eave lines exceeding 30 feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access roads and driveways. Aerial fire apparatus access roads and driveways shall have a minimum clear width of 30 feet. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads and driveways. At least one of the required access routes meeting this condition shall be located a minimum of 15 feet and a maximum of 30 feet parallel to one side of the buildings, as approved by the Fire District.

Buildings exceeding 50,000 SQFT shall have the required access route along a minimum of two sides. Parking shall be prohibited along the required width of the access roads and driveways. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the Fire District.

70.Fire Hydrant Plan - Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number, and size of outlets.

71.Fire Hydrant(s) Required - Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments.

On-site fire hydrants may be required as determined by the Fire District.

72.Fire Hydrant Installation - Prior to combustible construction on any parcel, a fire hydrant capable of providing the required fire flow and duration shall be installed and in service along the access road / driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The owner of the combustible construction is responsible for the cost of this installation.

73.Hydrant Location Markers - Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap in completed.

74.Fire-Flow Verification - Applicant shall verify that the water purveyor can provide the required fire-flow requirements by having them fill out VCFD Form #625, Fire-Flow Verification.

75.Turning Radius - The access road shall be of sufficient width to allow for a 40 foot centerline turning radius at all turns in the road.

76.Turnarounds - Approved turnaround areas for fire apparatus shall be provided when dead-end Fire Department access roads / driveways exceed 150 feet. Turnaround areas shall not exceed a 5% cross slope in any direction and shall be located within 150 feet of the end of the access road / driveway. Turnaround areas shall not be used for parking 125

Page 19 of 20 ends

and shall be kept free of obstructions at all times. Turnaround areas shall be posted as Fire Lanes in accordance with Fire District Fire Lane Standards.

77.Access Road Certification - That the access road(s)/driveway(s) shall be certified by a registered civil engineer as having an all-weather surface in conformance with Public Works and / or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy.

78.Access Road Gates - Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15 feet in each direction shall be provided for separate entry / exit gates and a minimum 20 for combined entry / exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service.

79.Road / Street Name Required - Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire department.

80.Street Names - Prior to recordation of street names, proposed names shall be submitted to the Fire District's Fire Prevention Bureau for review and approval.

81.Address Numbers (Commercial, Industrial, Multi-family buildings) - Building address numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.

82.Water System Plans - Plans for water systems supplying fire hydrants and / or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of Mylar plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plans shall be construction drawings in accordance with the Ventura County Fire Code and applicable NFPA Standards and shall terminate above grade. Plan shall be design and submitted with the appropriate fees in accordance with VCFPD Standard 14.7.2.

83.Fire Sprinklers - All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.

84.Fire Protection System Plans - Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 20 126

Page 20 of 20 ends

or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements.

85.Fire Department Clearance - Applicant shall obtain VCFD Form #610 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures.

86.Phasing Plan - Applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction.

By signing this document, Applicant certifies that they have read, understood, and agree to the Project Conditions listed in this document.
_________________________________________ __________________________ Limoneira Lewis Community Builders, LLC Date
127
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject:

ADOPTION OF AN URGENCY ORDINANCE AMENDING CHAPTER

16.227 OF THE SANTA PAULA MUNICIPAL CODE RELATING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS
Date: December 21, 2022
Agenda Item: 11.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

BACKGROUND:

EXECUTIVE SUMMARY:

The proposed Urgency Ordinance will amend Chapter 16.227 of the Santa Paula Municipal Code to impose new limits on local authority to regulate Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with the provisions of Government Code sections 65852.2 and 65852.22 as amended by recently approved legislation that will take effect on January 1, 2023.

At the December 6, 2022 Planning Commission meeting, the Commissioners unanimously voted to eliminate the requirement of off-street parking for all ADUs, regardless of whether the property is located within a ½ mile of public transportation or meets other exceptions in accordance with the provisions of Government Code sections 65852.2 and 65852.22. Please refer to Exhibit B, our current map showing the areas currently exempt from parking for ADUs.

The recommended changes are noted in Exhibit A of attachment A-Chapter 16.227.

BACKGROUND:

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. In 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22 (“New Amendments”). 128
Among other things, the New Amendments:
require the City to allow certain ADUs to be higher — up to 18 or 25 feet, depending on the situation
require the City’s front setback to yield for certain ADUs require the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them, and remove the automatic repeal in 2025 (now the ADU statute is permanent).

SB 897 takes effect January 1, 2023. If the City’s ADU ordinance does not comply with requirements of SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City will have to allow ADUs with no local regulation except for the few requirements in the state ADU law itself.

ANALYSIS:

The proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Government Code sections 65852.2 and 65852.22.

Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) by January 1, 2023, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in Government Code sections 65852.2 and 65852.22. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety.

The attached proposed urgency ordinance includes changes to the Santa Paula Municipal Code Chapter 16.227 substantially in the form attached.

The ADU code amendments are proposed for adoption by urgency ordinance, in accordance with Government Code section 36937, subdivision (b), and will be followed at the earliest possible time by a regular ordinance that will be considered for approval by the Planning Commission before returning to the City Council for ultimate adoption.

STRATEGIC PLAN:

The proposed urgency efforts support the operational excellence goal of the strategic plan through review and update of the City's development code to reduce and eliminate irrelevant code while making improvements.

FISCAL IMPACTS:

There are no fiscal impacts associated with the amendment. All applicants are required to pay associated fees for plan review and permits.

OPTIONS:

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

1. Direct staff to make changes to the proposed urgency ordinance. 129
ATTACHMENTS:

ATTACHMENT A _URGENCY_ADU_Ordinance_2022-c1(1).docx
ATTACHMENT B_ADU_Transit_Buffer__2018.07.30.pdf
130
65283.00005\40840672.1

ATTACHMENT A
CITY COUNCIL URGENCY ORDINANCE NO. 1323
AND EXHIBIT A: DRAFT AMENDED ADU

REGULATIONS
131
65283.00005\40840672.1
URGENCY ORDINANCE NO. 1323

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SANTA PAULA, CALIFORNIA AMENDING
CHAPTER 16.227 OF THE CITY OF SANTA PAULA

MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING

UNITS AND DETERMINING THE ORDINANCE TO BE

EXEMPT FROM CEQA
The City Council of the City of Santa Paula does ordain as follows:

SECTION 1. Findings. The City Council finds as follows:

A. The City of Santa Paula, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California.

B. State law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”).

C. In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs.

D. In 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22.

E. SB 897 takes effect January 1, 2023, and if the City’s ADU ordinance does not comply with the requirements imposed by SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law.

F. The City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22.

G. There is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 897 because if the City’s ordinance does not comply with the amended laws as of January 1, 2023, and the City’s ADU ordinance becomes null and void, the City would thereafter be limited to applying the few default standards that are provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs.

H. The approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing 132
65283.00005\40840672.1
neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council.

I. To protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

SECTION 2. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 3. California Environmental Quality Act. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

SECTION 4. Amended and Restated. Chapter 16.227 of the Santa Paula Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.

SECTION 5. Effective Date. This ordinance takes effect immediately upon its adoption.

SECTION 6. Publication. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, within 15 days after its adoption.

SECTION 7. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

SECTION 8. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.
133
65283.00005\40840672.1
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Santa Paula, California on the __ day of ____________, 2022.

Andy Sobel, Mayor
ATTEST: APPROVED AS TO FORM:

Julie Latshaw, City Clerk Monica Castillo, Interim City Attorney 134
65283.00005\40840672.1

EXHIBIT A
Amended ADU Regulations
(follows this page)
135
65283.00005\40840672.1
CHAPTER 16.227: ACCESSORY DWELLING UNITS
Section

16.227.010 Accessory Dwelling Units
Section 16.277.010Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located. (2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection C(7) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:
(1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the California Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
136
65283.00005\40840672.1
(3) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. (4) “Efficiency kitchen” means a kitchen that includes all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(A) It is no more than 500 square feet in size.
(B) It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the singlefamily structure. (C) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. (D) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. (E) It includes an efficiency kitchen, as defined in subsection C(4) above. (6) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(7) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. (9) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (10) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
137
65283.00005\40840672.1
(11) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios:
(A) Converted on Single-family Lot: One ADU as described in this subsection D(1)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
(ii) Has exterior access that is independent of that for the singlefamily dwelling; and (iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code Section 65852.22.
(B) Limited Detached on Single-family Lot: One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D(1)(A) above), if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection E(2) below.
(C) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D(1)(C), at least one converted ADU is allowed within an 138
65283.00005\40840672.1
existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(D) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(ii) The peak height above grade does not exceed the applicable height limit provided in subsection E(2) below.
(2) ADU Permit.
(A) Except as allowed under subsection D(1) above, no ADU may be created without both a building permit and an ADU permit in compliance with the standards set forth in subsections E. and F below.
(B) The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the Planning Director and approved by the city council by resolution.
(3) Process and Timing.
(A) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(B) The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or (ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or 139
65283.00005\40840672.1
multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
(C) If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D(3)(B) above.
(D) A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D(1) or D(2) above:
(1) Zoning.
(A) An ADU or JADU subject only to a building permit under subsection D(1) above may be created on a lot in a residential, commercial or mixed-use zone.
(B) An ADU or JADU subject to an ADU permit under subsection D(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. (2) Height.
(A) Except as otherwise provided by subsections E(2)(B) and E(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. Alternatively, an ADU in compliance with the underlying zone setbacks is permitted to use the underlying zone height regulations. (B) A detached ADU that does not meet the setbacks of the underlying zone may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. The ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch that is aligned with the roof pitch of the primary dwelling unit. Alternatively, an ADU that meets the requirements this subsection E.(2)(B) that complies with the 140
65283.00005\40840672.1
underlying zone setbacks is permitted to use the underlying zone height regulations.
(C) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height unless it meets the setback requirements of the underlying zone, except as provided in subsection E.(2)(B) above.
(D) An ADU that is attached to the primary dwelling and does not meet the setbacks of the underlying zone may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E(2)(D) may not exceed two stories.
(E) For purposes of this subsection E(2), height is measured above existing legal grade to the peak of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(B) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
(5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(6) Septic System. If the ADU or JADU will connect to an onsite wastewatertreatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(7) Owner Occupancy.
(A) As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent 141
65283.00005\40840672.1
residence. However, the owner-occupancy requirement in this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. (8) Building & Safety.
(A) Must comply with building code. Subject to subsection E(8)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or building and safety officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E(8)(B) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D(2) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection F. is 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with two or more bedrooms. (B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(C) Application of other development standards in this subsection F., such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F(1)(B) above or of an FAR, front setback, lot coverage limit, or openspace requirement may require the ADU to be less than 800 square feet.
(2) Setbacks.
(A) An ADU that is subject to this subsection F. must conform to a 20- foot front-yard setback, subject to subsection F(1)(C) above. 142
65283.00005\40840672.1
(B) An ADU that is subject to this subsection F. must conform to 4-foot side- and rear-yard setbacks.
(C) No setback is required for an ADU that is subject to this subsection F. if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(3) Lot Coverage. No ADU subject to this subsection F. may cause the total lot coverage of the lot to exceed the underlying zone, subject to subsection F(1)(C) above.
(4) Minimum Open Space. No ADU subject to this subsection F. may cause the total percentage of open space of the lot to fall below the underlying zone, subject to subsection F(1)(C) above.
(5) Passageway. No passageway, as defined by subsection C(8) above, is required for an ADU.
(6) Parking.
(A) No off-street parking spaces are required for any new or converted ADU.
(B) No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(7) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
(B) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(C) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(D) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(E) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
143
65283.00005\40840672.1
(F) All windows and doors in an ADU that are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(8) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(A) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall. (B) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. (C) All landscaping must be drought-tolerant.
(9) Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

G. Fees. The following requirements apply to all ADUs that are approved under subsections D(1) or D(2) above.
(1) Impact Fees.
(A) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection G(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(B) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).
(2) Utility Fees.
(A) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
144
65283.00005\40840672.1
(B) Except as described in subsection G(2)(A), converted ADUs on a single-family lot that are created under subsection D(1)(A) above are not required to have a new or separate utility connection directly between the ADU and the utility, nor is a connection fee or capacity charge required.
(C) Except as described in subsection G(2)(A), all ADUs that are not covered by subsection G(2)(B) require a new, separate utility connection directly between the ADU and the utility.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainagefixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. (2) Unpermitted ADUs constructed before 2018.
(A) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(i) The ADU violates applicable building standards, or
(ii) The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this ADU ordinance. (B) Exceptions:
(i) Notwithstanding subsection H(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. 145
65283.00005\40840672.1
(ii) Subsection H(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California
Health and Safety Code section 17920.3.

I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A. through H. of this section may be allowed by the city with a conditional use permit, in accordance with all other applicable provisions of this title. 146
65283.00005\40840672.1

ATTACHMENT B

HALF-MILE TRANSIT BUFFER MAP
147
(!
(!
(! (!
(!
(!
(! (!
(!
(!
(!
(!
(!
(!
(!
(!
(! (!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(! (!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
(!
4 4
4 4
4 4
4 4
4 126
MAIN
OJAI

RAILROAD
10TH

HARVARD
PECK

SANTA PAULA
8TH
MILL
7TH
12TH
6TH

SANTA BARBARA
PADRE
VIRGINIA 14TH
SAY
HIGH
PALM
5TH VIEW

SANTA MARIA
9TH
OAK

TELEGRAPH

RICHARD

STECKEL
LIBBY
4TH

SATICOY

BRADLEY
LAUREL
CLIFF
CENTER

CEMETERY

MONTE VISTA

MARIPOSA
TODD

FOOTHILL

CAMERON
YALE

ORCHARD
BANK
SHELL
ELIOT

LOMA VISTA
DEAN

CALPIPE

HALLOCK

SYCAMORE
DANA

LEMONWOOD

MONTCLAIR
ENCINO

WOODLAND
ACACIA

VENTURA
WALDEN
PARK
OUTER

CURTISS
FOREST

SANTA CRUZ
13TH
PAMELA

FERN OAKS
LAURIE

MC KEVETT

BLANCHARD
GLADE
ELM
NEW
11TH
CRAIG

OL VI E
LUCADA
MAPLE

FAULKNER
LOOP

HARDISON

CORNELL

SHEPPARD
LIME

ANACAPA
SALAS

WHIPPLE
HOWIE
DAVIS
EASY
MUPU
QUAIL
BIRCH

FELKINS

DICKENSON
VENUS

RIDGECREST

BRIDGES

BECKWITH
ERNEST
ATMORE
RALPH

LA VUELTA
CALAVO

SANTA CLARA
GEORGE
WARREN

MOULTRIE

PLEASANT
RUNWAY
WACO
GARCIA
CITRUS

SOUTHWICK
TEXAS

GRANT LINE
POPPY

GUIBERSON
GLEN
CESSNA
PEAR
RHAME
126 EB OFF PECK
PEACH

DARTMOUTH
TIRRE

ELIZABETH

PINEHILL

PERALTA
BRETT

CHERRY HILL
PALM ON 126 EB
TEAGUE

SHEFFIELD

PRINCETON
CHERRY

MAGNOL AI

FILLMORE

COLGATE

TERRACINA
MUNGER
126 EB OFF PALM
DOVE
APRIL

FUCHSIA
MILLER
10TH ON 126 EB

BEDFORD
JUNE
BRUCE
126 WB OFF FAULKNER
WALNUT

CALIFORNIA
SHASTA
BAHIA
SONOMA

LINDSAY

SANTA ANNA
10TH ON 126 WB

SKYLINE

DRIVEWAY
MARCH
ORANGE
LAZIO

FREMONTIA

MOULTIRE

HAWTHORNE

LOS ROBLES

LEAVENS
MARIN

VISTA POINTE
HOBBS

VIA DEL PRADO

MANOR RIDGE

WELLMAN
AMBER

SAN MIGUEL
CORTO
ARTHUR
VELA
CEDAR

MORRISON
LILAC

WESTON CASABELLA

HILLVIEW ESTATES
VERNON
TOWNS
FERRIS

ESTRIGA

STEARMAN

FAIRWEATHER
ELFRED

GATEWOOD
RINCON

TELEGRAPH
CRAIG
ATMORE
12TH
OJAI
GARCIA

STECKEL
4TH
LAURIE
11TH

DRIVEWAY
CITRUS
LUCADA

DRIVEWAY

VIRGINIA
TODD
11TH

WOODLAND
ACACIA
LAURIE

SANTA MARIA

DARTMOUTH
126
5TH

GUIBERSON
PALM
13TH
OLIVE
CENTER

STECKEL
PALM
5TH

VENTURA

SANTA CRUZ

PLEASANT
9TH
13TH
LUCADA
OAK

TELEGRAPH

STECKEL

PALM OLIVE

GRANT L NI E
D
AT
E: 12/14/2
016
A
U
T
H
O
R: A
n
dre
w
K
e
nt, GIS/D
ata Intern, S
C
A
G
0 0.1 0.2 0.4 0.6 0.8
Miles [
LEGEND
Santa Paula Boundary
SOI
!( VCTC Stops
!( HeritageValleyStops
VCTC Routes
Heritage Valley Routes
Parks
VCTV 0.5 Mi Buffer
Heritage Valley Stops 0.5 Mi Buffer
4 Schools
SANTA PAULA 1/2 MILE TRANSIT BUFFER
148
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject:

INTRODUCTION OF ORDINANCE NO.1320 AMENDING MUNICIPAL
CODE SECTION 16.58.010 REGARDING REGULATION OF BUSINESS

SIGNAGE FOR ESTABLISHMENTS OFFERING THE SALE OF

ALCOHOL
Date: December 21, 2022
Agenda Item: 11.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council introduce and waive the first reading of Ordinance No. 1320, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA, CALIFORNIA AMENDING SECTION 16.58.010 (DEVELOPMENT STANDARDS AND USE CONDITIONS) OF CHAPTER 16.58 (ALCOHOLIC BEVERAGE SALES) OF THE SANTA

PAULA MUNICIPAL CODE RELATING TO RESTRICTIONS ON BUSINESS SIGNS ADVERTISING ALCOHOLIC BEVERAGES.

BACKGROUND:

Santa Paula Municipal Code ("SPMC") section 16.58.010 imposes sign restrictions for any land use providing alcohol beverage sales for either on-site (e.g. bars and restaurants) or offsite (e.g. markets, grocers, convenience and liquor stores) consumption. Specifically, subsection (G) prohibits "signs advertising any kind of alcoholic beverage, including beer, which will be easily visible from the exterior of the business." ANALYSIS:

Throughout the city there are establishments that are permitted to sell alcohol for on-site or offsite consumption with signs that do not comply with SPMC section 16.58.010(G).

Establishments selling alcohol generally have requirements in their Conditional Use Permits with the City; however, in some cases, there are establishments that pre-date the City's requirement for a Conditional Use Permit that went into effect in July 2004. The signs of these latter businesses are "legal non-conforming" signs and need not comply with the City's sign restriction or obtain a Conditional Use Permit unless they expand their uses. On the other hand, new businesses selling alcoholic beverages are subject to the sign restriction and Conditional Use Permit requirement, creating somewhat of a double-standard for new or existing local businesses.
149
In recent months, there have been requests from businesses to install signage with a business name that includes a reference to alcohol. Staff has not been able to identify a similar standard in any other County jurisdictions that restrict the use of a business name sign that includes a reference to alcoholic beverages. Those jurisdictions, similar to Santa Paula, do restrict signs, posters and illuminated displays advertising alcoholic products that are in the windows or visible from the exterior of the building. In contrast, SPMC section 16.58.010(G) has historically been enforced to restrict not only signs advertising alcohol that are easily visible from the exterior but business signage as well.

This interpretation comes from the express language of the code section. Namely, the advertisement of "any kind of alcoholic beverage" (e.g. beer, wine, etc.) easily visible from the outside is a clear violation of the municipal code. As such, if a kind of alcoholic beverage is in a business name sign (e.g. "Beer Hut"), such signs will violate the City's code.

The recent increase in development interest for restaurant and entertainment within the City will potentially result in more requests for signage with business names that may be in conflict with SPMC 16.58.010(G). It is common for establishments such as wine bars, microbreweries, and restaurants (both local sole proprietors and larger franchises) to have references to alcohol in their registered business names. Names such as "Ale House" or "Cider House", "Brewery," "Winery," "Tap House" and "Beergarden" are familiar monikers for restaurants and bars.

Since we do not have the benefit of determining the original intent of SPMC section 16.58.010 when it was written, input and direction was sought from Council at the regular meeting held on November 2, 2022. At the meeting, Council expressed that amendment to the code section was appropriate.

Consistent with Council's input, staff is recommending SPMC section 16.58.010 be amended to allow signage representing a business name to include reference to alcohol but maintain restrictions on signs advertising alcoholic products by name.

The recommended amendment to the SPMC section 16.58.010(G) is as follows (where bold font indicates additional text, and stricken text indicates deletions):
(G) No signs advertising any kind of alcoholic products which will be easily visible from the exterior of the business will be permitted. This prohibition does not apply to business signage representing a registered company name.

STRATEGIC PLAN:

The proposed ordinance supports the Operational Excellence strategic plan goal by reviewing and updating the development code to reduce or eliminate irrelevant information while providing updates.

FISCAL IMPACTS:
150
None.

OPTIONS:

As an alternative to Staff's recommendation, the City Council may:

1. Decline to approve Staff's recommendation. However, this may result in discouraging alcohol-selling businesses from coming to the City if they cannot reference an alcoholic beverage in their business name signage.

2. Direct Staff to make further amendments to the draft ordinance.

3. Give other direction to Staff.

ATTACHMENTS:

ATTACHMENT A - Ordinance NO.1320 CODE AMENDMENT (relating to Alcohol Bev signage)-c1-40899153-v2-c1.docx
EXHIBIT A AMENDED SSPMC Chapter16.58.010 Alcohol Sign Restrictions-c1.docx 151

ATTACHMENT A

CITY COUNCIL
ORDINANCE NO. 1320 & EXHIBIT A:

DRAFT ORDINANCE AMENDMENT
152
ORDINANCE NO. 1320

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA, CALIFORNIA AMENDING SECTION 16.58.010 (DEVELOPMENT
STANDARDS AND USE CONDITIONS) OF CHAPTER 16.58 (ALCOHOLIC

BEVERAGE SALES) OF THE SANTA PAULA MUNICIPAL CODE RELATING

TO RESTRICTIONS ON BUSINESS SIGNS ADVERTISING ALCOHOLIC

BEVERAGES
The City Council of the City of Santa Paula does ordain as follows:

SECTION 1. Recitals.

A. Santa Paula Municipal Code (“SPMC”) § 16.58.010 (G), prohibits signs advertising any kind of alcoholic beverage, including beer, which will be easily visible from the exterior of the business. The proposed Development Code (“Code”) amendment would allow signage representing a business name to include references to alcohol but maintain restrictions on the advertisement of specific alcoholic beverages by name.

B. The proposed amendment was reviewed by the City’s Planning Division for, in part, consistency with the General Plan and conformity with the Santa Paula Municipal Code.

C. The City Planning Division reviewed the proposed amendments’ environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated there under (14 Cal.

Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines (“Santa Paula Guidelines”; CEQA, CEQA Guidelines and Santa Paula Guidelines collectively referred to as “CEQA Regulations”); D. On December 6, 2022, the Planning Commission opened a public hearing to receive and consider public testimony and other evidence regarding the proposed amendment and whether to approve Resolution No. 3844 to recommend the proposed amendment to the City Council for adoption by ordinance.

E. The Commission approved Resolution No. 3844, and its findings, based upon the evidence presented to the Commission at its December 6, 2022 hearing including, without limitation, the staff report submitted by the Planning Division.

F. A public hearing for City Council consideration of the proposed amendment was set for December 21, 2022, notice of which was given pursuant to SPMC §

16.208.040(A).
153
G. On December 21, 2022, the City Council opened a public hearing to receive public testimony and other evidence regarding the proposed amendment.

H. The City council considered the information provided by City staff and public testimony. This Ordinance, and its findings, are made based upon such evidence presented to the City Council at its December 21, 2022 hearing including, without limitation, the staff report submitted by the Planning Division.

SECTION 2: Factual Findings and Conclusions. Pursuant to SPMC Title 16, Development Code, the City Council finds that:

A. Amending SPMC § 16.58 to allow signs representing a business name to include reference to alcohol but maintain restrictions on the advertisement of alcoholic beverages by name is consistent with the character and intent of uses within the City.

B. The proposed amendment to the Code is not expected to have a negative impact on existing businesses nor the surrounding properties. All permanent signs require approval and permits from the City.

C. The proposed amendment to the Code is desirable to encourage services and facilities which will contribute to the general convenience or welfare of the community because allowing signage representing a business name to include reference to alcohol but maintain restrictions on advertisement for specific alcoholic products by name may enhance services that are sought and enjoyed by a large segment of the community. The proposed amendment is also compatible with the existing, surrounding and planned land uses within the City.

D. The characteristics of the proposed amendment are not unreasonable or incompatible with the types of signs permitted within the City. All permanent signs will continue to require approval and permits from the City.

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

16.208.030(C), the City Council has reviewed the Planning Commission’s recommendation, and finds that the proposed amendment is consistent with the objectives of Title 16 of the SPMC, the General Plan, and development policies of the City as follows:

A. The Santa Paula General Plan (2040) land use designation of the area impacted by the proposed amendment include all zones where the sale of alcoholic beverages is permitted.

B. The purpose of Chapter 16.208, Development Code Amendments, is to allow for amendment to the Code in recognition of the fact that physical, economic, and other conditions in the city may change over time. Currently, Section (G) of SPMC §

16.58.010, Development Standards and Use Conditions, prohibits signs advertising any kind of alcoholic beverage, including beer, which will be easily visible from the 154
exterior of the business. The proposed amendment would allow signage representing a business name to include reference to alcohol but maintain restrictions on advertisement for specific alcoholic beverages by name. The proposed amendment is consistent with Title 16 of the SPMC because it accommodates the changing economic conditions of the City.

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

A. The proposed code amendment is consistent with the goals, policies, and objectives of the General Plan. Consistent with Land Use Policy LU 1 (Community Character and Urban Form), the proposed amendment will enhance the smalltown character of the City by allowing signage representing a business name to include reference to alcohol but maintaining restrictions on advertisement for specific alcoholic beverages by name. The proposed amendment is also consistent with Land Use Policy LU 3 (Balanced Land Use & Economic Opportunity), as it will allow for flexibility in business names and remove disincentives for new businesses that wish to erect signs with their registered business names despite containing references to alcohol. In addition, the amendment is consistent with Economic Development and Downtown Policy EDD

1.1 (Support Existing Businesses) because allowing flexibility in business names associated with the sale of alcohol may attract patrons to surrounding businesses.

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

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

The proposed amendment will not adversely affect surrounding properties because the proposed amendment is allowing a business name sign to include reference to alcohol but maintain restrictions on advertisement for specific alcoholic products by name. All businesses selling alcoholic beverages must still obtain a Conditional Use Permit as required by the Code to avoid adverse effects on nearby properties.

C. The proposed code amendment promote public health, safety, and general welfare and serves the goals and purposes of Title 16. The public health, safety, and general welfare will be promoted by allowing greater flexibility for business names who would like to include reference to alcohol. In addition, the amendment is 155
intended to manage the increasing interest from existing and prospective businesses to include reference to alcohol in their business name. For the reasons described in paragraphs B. and C. of Section 3, the proposed amendment will serve the goals and purposes of Title 16 of the SPMC.

SECTION 5: Environmental Assessment. State CEQA Guidelines sections 15378(b)(2) and 15378(b)(5) provide that ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). And even if the proposed text amendment was a “project” it is exempt from CEQA under CEQA Guidelines section 15601(b)(3)’s “common sense” rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the proposed amendment to allow signage representing a business name to include reference to alcohol but maintain restrictions on advertisement for specific alcoholic beverages by name will have a significant effect on the environment.

SECTION 6: Subsection (G) of Section 16.58.010, Development Standards and Use Conditions, of the Santa Paula Municipal Code is hereby amended to read as follows (underlined text denotes additional text):
(G) No signs advertising any kind of alcoholic product, which will be easily visible from the exterior of the business will be permitted. This prohibition does not apply to business signage representing a registered company name.

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

SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

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

SIGNATURES ON FOLLOWING PAGE
156
PASSED AND ADOPTED this 21st day of December 2022.
________________________________
Andy Sobel, Mayor
ATTEST:

Julie Latshaw, City Clerk
APPROVED AS TO FORM:

Monica Castillo, Interim City Attorney
157

EXHIBIT A

SANTA PAULA MUNICPAL CODE AMENDED

REFERENCES TO SIGNAGE AND ALCOHOL ADVERTISEMENT
158
CHAPTER 16.58: ALCOHOLIC BEVERAGE SALES
§ 16.58.010 DEVELOPMENT STANDARDS AND USE CONDITIONS.

Any use providing alcohol beverage sales for either on-site or off-site consumption is subject to the following standards and conditions on use:
(A) All new sales of alcohol, with the exception of temporary sales as specified in § 16.58.030 of this chapter, must obtain a Conditional Use Permit. (B) A new alcohol sales use may only be established in a location such that the proposed use will not contribute to undue concentration of such uses in an area where additional such uses would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, traffic problems and capacity. (C) Except for temporary sales of alcohol citywide and except for alcohol sales for on-site consumption within the Central Business District, sale of alcoholic beverages within 300 feet of a public or private school is prohibited on weekdays between the hours or 7:00 a.m. and 6:00 p.m.
(D) The proposed use must not adversely affect adjacent or nearby properties. (E) Adequate litter receptacles must be provided.
(F) Where the proposed use is near residential uses, it must be limited in hours of operation, or designed and operated, so as to avoid disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
(G) No signs advertising any kind of alcoholic product, which will be easily visible from the exterior of the business will be permitted. This prohibition does not apply to business signage representing a registered company name. (H) Windows must be kept free of signs and other obstructions to allow visual inspection from the outside.
(I) The property owner/operator/applicant and the city must enter into an enforcement agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property.

This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement. (J) No provision in this section is intended to conflict with the authority of the State of California Bureau of Alcoholic Beverage Control (ABC) to issue alcohol sales licenses.

Before commencing the proposed use, applicants seeking a Conditional Use Permit for new alcohol sales are required to obtain the appropriate license from ABC in accordance with state law.
(Ord. 1100,
159
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject:

INTRODUCTION OF ORDINANCE NO. 1321 RELATING TO AN

EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC

VEHICLE CHARGING STATIONS
Date: December 21, 2022
Agenda Item: 11.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends the City Council:

1. Introduce and waive first reading of Ordinance No.1321, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA, CALIFORNIA AMENDING CHAPTER 16.77 TO TITLE XVI OF THE SANTA PAULA

MUNICIPAL CODE RELATING TO AN EXPEDITED, STREAMLINED PERMITTING

PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
BACKGROUND:

The State of California has adopted Assembly Bill 1236 (Chapter 598, Statutes of 2015), which requires every city with a population of less than 200,000 residents to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations on or before September 30, 2017. AB 970 (Chapter 710, Statutes of 2021), requires, beginning January 1, 2023, such permitting applications, to be deemed complete, and subsequently deemed approved, at a certain point after submission if the City of Santa Paula (“City’) has not taken certain specified actions with respect to the applications.

Creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels. This Ordinance would amend the Santa Paula Municipal Code to meet these State law requirements and to facilitate convenient charging of electric vehicles.

On December 6, 2022, the City of Santa Paula Planning Commission adopted Resolution No. 160
3841 recommending the City Council consider amending Chapter 16.77 as described herein.

ANALYSIS:

On September 18, 2017 the City adopted Chapter 16.77 to meet with the requirements of AB 1236. AB 1236 is part of the State’s efforts to modernize and facilitate the installation of electric vehicle charging stations throughout the State. In furtherance of this goal, the State is requiring that cities and counties throughout the State adopt ordinances setting forth guidelines to facilitate expedited review and processing for electric vehicle charging stations.

On October 8, 2021, the Governor signed into law AB 970. AB 970 requires an application to install an electric vehicle charging station to be deemed complete if, either 5 business days (for applications with 25 proposed charging stations or less) or 10 business days (26 or more proposed charging stations) after the application was submitted, the city has not deemed the application to be incomplete or issued a written correction notice detailing all deficiencies in the application.

Then, AB 970 requires an application to install an electric vehicle charging station to be deemed approved if either 20 business days (for applications with 25 proposed charging stations or less) or 40 business days (26 or more proposed charging stations) after the application was submitted, (1) the city has not approved the application, (2) the building official has not made a finding that the proposed installation could have an adverse impact upon the public health or safety or required the applicant to apply for a use permit, (3) the building official has not denied the permit, and (4) an appeal has not been made to the Planning Commission of the city.

This bill’s provisions would become operative on January 1, 2022, but for every city, county, or city and county with a population of less than 200,000 residents, the bill’s provisions would apply beginning on January 1, 2023.

If adopted by the City Council, this Ordinance would streamline and expedite current departmental procedures by enacting the State's clear approval deadlines and requiring the creation and use of an approval checklist for electric vehicle charging station applications.

STRATEGIC PLAN:

Facilitating growth of electric vehicle charging stations directly aligns with Objective No. 5 of Section C: Infrastructure, Transportation & Mobility in the adopted 2021-2023 City of Santa Paula Strategic Plan.

FISCAL IMPACTS:

The fiscal impacts related to this ordinance depend on the number of applications that the City receives. Nonetheless, because the ordinance is designed to streamline permit processing, the costs associated with processing each application would likely be reduced.

OPTIONS:

As an alternative to Staff's recommendation, the City Council may:

1. Decline to approve Staff's recommendation. Doing so, however, will delay compliance with state mandates.
161

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

ATTACHMENTS:

Attachment_A_-_Draft_Ordinance_No._1321__BBK_Revisions-c1_tt_FINAL_ (1)revisedc1.docx Attachment B - PC Resolution No. 3841.pdf
162

ATTACHMENT A
ORDINANCE NO. 1321
AMENDING SPMC CHAPTER 16.77
163
ORDINANCE NO. 1321

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA PAULA, CALIFORNIA AMENDING CHAPTER 16.77 TO TITLE

XVI OF THE SANTA PAULA MUNICIPAL CODE RELATING TO AN

EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC

VEHICLE CHARGING STATIONS
The City Council of the City of Santa Paula does ordain as follows:

SECTION 1. The City Council finds and declares
A. The State of California has adopted Assembly Bill 1236 (Chapter 598, Statutes of 2015), which requires every city with a population of less than 200,000 residents to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations on or before September 30, 2017.

B. AB 970 (Chapter 710, Statutes of 2021), requires, beginning January 1, 2023, such permitting applications, to be deemed complete, and subsequently deemed approved, at a certain point after submission if the City of Santa Paula (“City’) has not taken certain specified actions with respect to the applications.

C. Creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels.

D. On December 6, 2022, the City of Santa Paula Planning Commission adopted Resolution No. 3841 recommending the City Council consider amending Chapter

16.77 as described herein.

E. The City wishes to amend the Santa Paula Municipal Code to meet these State law requirements and to facilitate convenient charging of electric vehicles.

SECTION 2. Chapter 16.77 of Title XVI of the Santa Paula Municipal Code is hereby amended to read as follows (where underlined text indicates additions):
“Chapter 16.77 ELECTRIC VEHICLE CHARGING SYSTEMS; STREAMLINED

PERMITTING
Section

16.77.010 Purpose

16.77.020 Definitions

16.77.030 Electrical Vehicle Charging Station Requirements

16.77.040 Expedited Permitting Process

16.77.050 Permit Application Process

16.77.060 Permit Review; Timing
164

16.77.010 Purpose
The purpose of this chapter is to create an expedited and streamlined electric vehicle charging station permitting process that complies with Government Code sections 65850.7 and 65850.71 to achieve the timely and cost-effective installation of electric vehicle charging stations. Pursuant to Government Code section 65850.7 and notwithstanding any other provision of this code pertaining to conditional or accessory uses, only an electrical permit shall be required for an electric vehicle charging station.

16.77.020 Definitions
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction and phrases used in this chapter.

A FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE SPECIFIC, ADVERSE IMPACT includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

BUILDING OFFICIAL means the chief building official of the City or his or her designee.

ELECTRIC VEHICLE CHARGING STATION or CHARGING STATION means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

ELECTRONIC SUBMITTAL means the utilization of one or more of the following:
(1) Email
(2) The Internet; or
(3) Facsimile
SPECIFIC ADVERSE IMPACT means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

16.77.030 Electrical Vehicle Charging Station Requirements (A) The electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company regarding safety and reliability. 165
(B) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. (C) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
(D) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

16.77.040 Expedited Permitting Process
Consistent with Government Code section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.

16.77.050 Permit Application Process
(A) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.
(B) A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the City. (C) If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
166
(D) The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

16.77.060 Permit Review
(A) The Building Official shall review all electric vehicle charging station applications. Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority lifesafety situations. (B) If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the City may require the applicant to apply for a conditional use permit.

The Building Official’s decision may be appealed by the applicant to the Planning Commission.
(C) An application for a conditional use permit to install an electric vehicle charging station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission’s decision may be appealed by the applicant to the City Council pursuant to Chapter 16.110.210.
(D) In the technical review of a charging station application, the Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
(E) Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.
(F) An application to install an electric vehicle charging station submitted to the building official of the City shall be deemed complete if, after the applicable time period has elapsed, both of the following are true:
(1) The Building Official has not deemed the application complete, consistent with the checklist created by the City pursuant to Government Code section 65850.7(g).
167
(2) The Building Official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Building Official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with subdivisions (b) and (g) of Government Code section 65850.7.
(G) For purposes of paragraph (F), “applicable time period” means either of the following:
(1) Five business days after submission of the application to the City if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
(2) Ten business days after submission of the application to the City if the application is for more than 25 electric vehicle charging stations at a single site. (H) An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in paragraph (G) has elapsed and all of the following are true:
(1) The Building Official has not administratively approved the application pursuant to Government Code section 65850.7(b). (2) The Building Official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to Government Code section 65850.7(b).
(3) The building official of the City has not denied the use permit pursuant to Government Code section 65850.7(c).
(4) An appeal has not been made to the Planning Commission pursuant to Government Code section 65850.7(d).
(I) For purposes of paragraph (H), “applicable time period means” either of the following:
(1) Twenty business days after the application was deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
(2) Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site. (J) If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the City shall reduce the number of required parking spaces for existing 168
uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.”
SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 4. California Environmental Quality Act. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (Guidelines), and the environmental regulations of the City. The City Council hereby finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a "project" pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations. Specifically, this Ordinance only establishes a streamlined process for electric vehicle charging station permits and merely authorizes administrative activities which will not result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

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

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Santa Paula, California on the ___ day of ________________, 2023.

Andy Sobel, Mayor
ATTEST: APPROVED AS TO FORM:

Julie Latshaw, City Clerk Monica Castillo, Interim City Attorney 169
State of California )
County of Ventura ) s.s.

City of Santa Paula )
I, Julie Latshaw, City Clerk, hereby certify that the foregoing is a true copy of Ordinance No. 1321, introduced at a regular meeting held on the 21st day of December 2022, and duly adopted by the City Council of the City of Santa Paula, California at a regular meeting thereof held the ___day of ______________, 2023.

AYES:

NOES:

ABSTAIN:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City this __ day of _________, 2023.
______________________________

JULIE LATSHAW, CITY CLERK
170

ATTACHMENT B

PLANNING COMMISSION
RESOLUTION NO. 3841
171
RESOLUTION NO. 3841

A RESOLUTION OF THE CITY OF SANTA PAULA PLANNING

COMMISSION RECOMMENDING THE CITY COUNCIL CONSIDER
APPROVAL OF AN ORDINANCE AMENDING CHAPTER 16.77 TO

TITLE XVI OF THE SANTA PAULA MUNICIPAL CODE, RELATING TO

AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR

ELECTRIC VEHICLE CHARGING STATIONS
The Planning Commission of the City of Santa Paula does resolve as follows:

SECTION 1. The Planning Commission finds and declares
A. The State of California has adopted Assembly Bill 1236 (Chapter 598, Statutes of 2015), which requires every city with a population of less than 200,000 residents to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations on or before September 30, 2017.

D. The City Council should consider amending Chapter 16.77 of the Santa Paula Municipal Code as described herein to meet these State law requirements and to facilitate convenient charging of electric vehicles.

SECTION 2. If ordained by the City Council, Chapter 16.77 of Title XVI of the Santa Paula Municipal Code would be amended to read as follows:
“Chapter 16.77 ELECTRIC VEHICLE CHARGING SYSTEMS; STREAMLINED

PERMITTING
Section

16.77.010 Purpose

16.77.020 Definitions

16.77.030 Electrical Vehicle Charging Station Requirements

16.77.040 Expedited Permitting Process

16.77.050 Permit Application Process

16.77.060 Permit Review; Timing
172

16.77.010 Purpose
The purpose of this section is to create an expedited and streamlined electric vehicle charging station permitting process that complies with Government Code sections 65850.7 and 65850.71 to achieve the timely and cost-effective installation of electric vehicle charging stations. Pursuant to Government Code section 65850.7 and notwithstanding any other provision of this code pertaining to conditional or accessory uses, only an electrical permit shall be required for an electric vehicle charging station.

16.77.020 Definitions
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction and phrases used in this chapter.

BUILDING OFFICIAL means the chief building official of the City or his or her designee.

16.77.030 Electrical Vehicle Charging Station Requirements (A) The electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company regarding safety and reliability. 173
(B) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. (C) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
(D) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

16.77.050 Permit Application Process
(A) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.
(B) A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the City. (C) If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
174
(D) The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

The Building Official’s decision may be appealed by the applicant to the Planning Commission.
(C) An application for a conditional use permit to install an electric vehicle charging station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission’s decision may be appealed by the applicant to the City Council pursuant to Chapter 16.110.210.
(D) In the technical review of a charging station application, the Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
(E) Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.
(F) An application to install an electric vehicle charging station submitted to the building official of the City shall be deemed complete if, after the applicable time period has elapsed, both of the following are true:
(1) The Building Official has not deemed the application complete, consistent with the checklist created by the City pursuant to Government Code section 65850.7(g).
175
(2) The Building Official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Building Official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with subdivisions (b) and (g) of Government Code section 65850.7.
(G) For purposes of paragraph (F), “applicable time period” means either of the following:
(1) Five business days after submission of the application to the City if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
(2) Ten business days after submission of the application to the City if the application is for more than 25 electric vehicle charging stations at a single site. (H) An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in paragraph (G) has elapsed and all of the following are true:
(1) The Building Official has not administratively approved the application pursuant to Government Code section 65850.7(b). (2) The Building Official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to Government Code section 65850.7(b).
(3) The building official of the City has not denied the use permit pursuant to Government Code section 65850.7(c).
(4) An appeal has not been made to the Planning Commission pursuant to Government Code section 65850.7(d).
(I) For purposes of paragraph (H), “applicable time period means” either of the following:
(1) Twenty business days after the application was deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
(2) Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site. (J) If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the City shall reduce the number of required parking spaces for existing 176
177
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: INTRODUCTION OF ORDINANCE NO. 1326 ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE AND THE 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE
Date: December 21, 2022
Agenda Item: 12.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Introduce and waive first reading of Ordinance No. 1326, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA AMENDING SECTIONS 150.001, 150.015, 150.025, 150.045, 150.055, 150.075, 150.085, 150.150, 150.160, 150.170, 150.180, AND 150.190 OF CHAPTER 150 OF THE SANTA PAULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING THE 2022 CALIFORNIA ADMINISTRATIVE CODE; VOLUMES 1 AND 2 OF THE 2022 CALIFORNIA BUILDING CODE; THE 2022 CALIFORNIA RESIDENTIAL CODE; THE 2022 CALIFORNIA ELECTRICAL CODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; THE 2022 CALIFORNIA REFERENCED STANDARDS CODE; AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE

2. Schedule a public hearing to consider adopting the proposed Ordinance at the City Council’s regular meeting of January 18, 2023;

4. Take such additional, related action as may be desired.

BACKGROUND:
178
New editions of the California Building Standards Code are published every three years in a triennial cycle with supplemental information published during other years. Publication of triennial editions of the CCR began in 1989. The most recent version of the code last adopted by the city was the 2019 edition published January 1, 2020.The California Health and Safety Code requires local governments to adopt the most current editions of the model codes related to construction. The new 2022 California Code of Regulations Title 24 will become effective January 1, 2023 and are the minimum regulated codes adopted by the State of California for construction. All jurisdictions are required to adopt the updated codes in order to maintain local consistency with state requirements. As a part of the code updates and revisions the city is also required to adopt the International Property Maintenance Code (IPMC). The IPMC is a model code that regulates the minimum maintenance requirements for existing buildings. It is a document intended to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety.

These codes to be updated are as follows:

Part 1 Administration Code
Part 2 Volumes 1 and 2 Building Code
Part 3 Electrical Code
Part 4 Mechanical Code
Part 5 Plumbing Code
Part 6 Energy Code
Part 8 Historical Code
Part 9 Fire Code
Part 10 Existing Building Code
Part 11 Green Building Standards Code
Part 12 Referenced Standards Code
The 2021 International Property Maintenance Code
ANALYSIS:

The 2022 California Code of Regulations are the standards for construction and the 2021 International Property Maintenance Code are standards for code compliance. These codes are adopted by the State from the 2022 International Code Council’s model codes and they will go in to effect January 1, 2023. Government Code Section 50022.3 establishes the following procedure for adopting another code by reference, which is different from the City’s usual procedure. This procedure requires that at the first meeting to consider the ordinance, the Council introduce the ordinance, waive a further reading, and order a public hearing to be conducted. As part of the recommended actions, City staff recommends that the City Council set the public hearing for January 18, 2023. Notice of this public hearing must be published twice in a local newspaper at least 14 days before the public hearing. The City Council may 179
adopt the ordinance at the conclusion of the public hearing.

STRATEGIC PLAN:

N/A
FISCAL IMPACTS:

There is no fiscal impact.

OPTIONS:

As an alternative to Staff's recommendation, the City Council may:

1. Reject Staff’s recommendation. Doing so, however, would result in the city code misaligning with the 2022 California Code of Regulations Title 24 and the 2021 International Property Maintenance Code for the City of Santa Paula Building and Safety Division resulting in non-compliance with current building code development, health and safety standards set by state law.

ATTACHMENTS:

A - ORDINANCE NO 1326 2022 ADOPTION OF CALIFORNIA CODE OF REGULATIONS TITLE 24 AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE-c2-c1.docx 180

ATTACHMENT A
ORDINANCE NO. 1326 ADOPTING BY REFERENCE
THE 2022 CALIFORNIA BUILDING STANDARDS CODE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24)
AND THE 2021 INTERNATIONAL PROPERTY

MAINTENANCE CODE
181
ORDINANCE NO 1326

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA AMENDING SECTIONS 150.001, 150.015, 150.025, 150.045, 150.055, 150.075, 150.085, 150.150, 150.160, 150.170, 150.180, AND 150.190 OF CHAPTER 150 OF THE SANTA PAULA MUNICIPAL CODE TO ADOPTING BY REFERENCE THE 2022

EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING THE 2022 CALIFORNIA ADMINISTRATIVE CODE; VOLUMES 1 AND 2 OF THE 2022 CALIFORNIA BUILDING CODE; THE 2022 CALIFORNIA RESIDENTIAL CODE; THE 2022 CALIFORNIA ELECTRICAL CODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; THE 2022 CALIFORNIA REFERENCED STANDARDS CODE; AND THE 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE
The City Council of the City of Santa Paula ordains as follows:

SECTION 1. Recitals.

A. California Government Code Section 50022.1 et seq. authorizes the City of Santa Paula (“City”) to adopt by reference the California Building Standards Code, 2022 Edition (Title 24 of the California Code of Regulations), including certain uniform codes including the 2022 California Administrative Code, the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, 2022 California Historical Building Code, the 2022 California Existing Building Code, the 2022 California Green Building Standards Code, and the 2022 California Referenced Standards Code, as well as the 2021 International Property Maintenance Code.

B. The City Council previously adopted the 2019 Edition of the California Building Standards Code as adopted by the State of California Building Standards Commission in Title 24 of the California Code of Regulations.

C. The City now desires to adopt the provisions of the 2022 California Building Standards Code.

D. The City Council previously adopted the 2018 Edition of the International Property Maintenance Code as published by the International Code Council.

E. The City now desires to adopt the provisions of the 2021 International Property Maintenance Code.
182
F. The City held a public hearing on January 18th, 2023, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the California Building Standards Code as amended herein.

G. The City published notice of the aforementioned public hearing pursuant to California Government Code section 6066.

H. Any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

SECTION 2: Section 150.001 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.001 CALIFORNIA ADMINISTRATIVE PROVISIONS ADOPTED BY REFERENCE.

Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., Title 24, Part 1 of the California Code of Regulations, namely the 2022 California Administrative Code, as published by the California Building Standards Commission, is hereby adopted by reference."
SECTION 3: Section 150.015 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.015 CALIFORNIA BUILDING CODE ADOPTED BY REFERENCE.

Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., Title 24, Part 2 of the California Code of Regulations, namely the 2022 California Building Code, as published by the California Building Standards Commission, is hereby adopted by reference.” SECTION 4: Section 150.025 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.025 CALIFORNIA PLUMBING CODE ADOPTED BY REFERENCE.

Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., Title 24, Part 5 of the California Code of Regulations, namely the 2022 California Plumbing Code, as published by the California Building Standards Commission, is hereby adopted by reference.” SECTION 5: Section 150.045 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.045 CALIFORNIA ELECTRICAL CODE ADOPTED BY REFERENCE. 183
Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., Title 24, Part 3 of the California Code of Regulations, namely the 2022 California Electrical Code, as published by the California Building Standards Commission, is hereby adopted by reference.” SECTION 6: Section 150.055 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.055 CALIFORNIA MECHANICAL CODE ADOPTED BY REFERENCE.

Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., Title 24, Part 4 of the California Code of Regulations, namely the 2022 California Mechanical Code, as published by the California Building Standards Commission, is hereby adopted by reference.” SECTION 7: Section 150.075 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.075 CALIFORNIA RESIDENTIAL CODE ADOPTED BY REFERENCE.

Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., Title 24, Part 2.5 of the California Code of Regulations, namely the 2022 California Residential Code, as published by the California Building Standards Commission, is hereby adopted by reference.” SECTION 8: Section 150.085 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.085 CALIFORNIA GREEN BUILDING STANDARDS CODE ADOPTED BY REFERENCE.

Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., Title 24, Part 11 of the California Code of Regulations, namely the 2022 California Green Building Standards Code, as published by the California Building Standards Commission, is hereby adopted by reference.”
SECTION 9: Section 150.150 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.150 INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED BY REFERENCE.

Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., that certain code known as the International Property Maintenance Code, 2021 Edition, published by the International Code Council, is hereby adopted by reference.” 184
SECTION 10: Section 150.160 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.160 CALIFORNIA ENERGY CODE ADOPTED BY REFERENCE.

Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., Title 24, Part 6 of the California Code of Regulations, namely the 2022 California Energy Code, as published by the California Building Standards Commission, is hereby adopted by reference.” SECTION 11: Section 150.170 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.170 CALIFORNIA REFERENCED STANDARDS CODE ADOPTED BY REFERENCE.

Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., Title 24, Part 12 of the California Code of Regulations, namely the 2022 California Referenced Standards Code, as published by the California Building Standards Commission, is hereby adopted by reference.”
SECTION 12: Section 150.180 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.180 CALIFORNIA EXISTING BUILDING CODE ADOPTED BY REFERENCE.

Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., Title 24, Part 10 of the California Code of Regulations, namely the 2022 California Existing Building Code, as published by the California Building Standards Commission, is hereby adopted by reference.”
SECTION 13: Section 150.190 of Chapter 150 of the Santa Paula Municipal Code is hereby amended to read as follows:
“§ 150.190 CALIFORNIA HISTORICAL BUILDING CODE ADOPTED BY REFERENCE.

Pursuant to Cal. Gov’t Code §§ 50022.1 et seq., Title 24, Part 8 of the California Code of Regulations, namely the 2022 California Historical Building Code, as published by the California Building Standards Commission, is hereby adopted by reference.”
SECTION 14: All references to the Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building, Green Building 185
Standards, and Referenced Standards Codes, as well as the International Property Maintenance Code, and/or the Santa Paula Code by that name in the Santa Paula Municipal Code, any City forms, City documents, or City regulations shall be construed to refer to the Codes adopted herein and as amended hereinafter.

SECTION 15: One (1) complete copy of each of these Santa Paula Codes, including all of the codes adopted by reference, shall be maintained in the office of the Building Official and available for public review.

SECTION 16: In the event there are conflicts between the provisions of these codes and other codes or provisions adopted by the City, the most restrictive provision shall apply.

SECTION 17: Repeal of Conflicting Ordinances. All former ordinances or parts conflicting or inconsistent with the provisions of this Ordinance or of the codes are hereby repealed.

SECTION 18: Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 19: Publication. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and with fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933.

SECTION 20: Effective Date. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect on February 17, 2023, which is to be no less than thirty (30) days from and after the date of its final passage and adoption.

SECTION 21: CEQA. The City Council finds that this Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change to the environment.

The terms of the building standards adopted herein are dictated by the California 186
Buildings Standards Code. The City Council further finds that the changes made to the Codes are enacted to mitigate the threats posed to public peace, health, and safety from earthquakes, high winds, and fire. Therefore, it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a notice of exemption within five (5) days of the adoption of this Ordinance.

PASSED APPROVED AND ADOPTED this 18th day of January, 2023. _________________________
Andy Sobel, Mayor
ATTEST:
_________________________
Julie Latshaw, City Clerk
_________________________
Monica Castillo, Interim City Attorney
_________________________
Dan Singer, City Manager
187
To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: BUDGET APPROPRIATION FOR PROPERTY ASSESMENT AND DUE

DILLIGENCE PROCESS
Date: December 21, 2022
Agenda Item: 12.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff Recommends City Council:
a) Approve a budget appropriation in the amount of $30,000 for both revenues and expenses to perform due diligence on the acquisition of property as noted in the fiscal impact section of this report, and
b) Appoint one or two members of the Council to serve on an ad-hoc basis to assist in evaluation of the property transition and use of the facility.

BACKGROUND:

On November 9th, Chevron representatives met with city staff and Mayor Crosswhite to discuss the future of the Union Oil Building. At that meeting, Chevron made an offer to donate the Union Oil Building, most of the artifacts inside said building and potentially $2,000,000 to go towards maintenance and repairs, to the City of Santa Paula.

At the November 16th Council meeting, the City Council authorized the City Manager to execute a non-binding Letter of Intent (LOI) with Chevron and to enter into property acquisition negotiations.

ANALYSIS:

As part of the acquisition process, it is typical that both parties perform due diligence on the property (parcels of land), the improvements (buildings), and the conditions related to the terms of the offer. This includes completing various assessments and securing property related reports.

Staff, along with the assistance of RWC, LLC, will be undergoing a 90-day due diligence process which will require funding to cover related costs and expenditures. Simultaneously, Chevron will conduct an audit of the content of the building and the City Attorney will begin negotiations around purchase and sale agreement terms.

As the City moves in the direction of ownership of the buildings and land, a discussion on the 188
use of the building seems warranted. To assist staff with the coordination of achieving community and Council input on the future of the building, Council may wish to consider appointing one or two members of Council to work, on an ad-hoc basis, with staff.

STRATEGIC PLAN:

Although this item does not specifically address one of Council's strategic goals, it does touch on "B" - Economic Development: Beautify downtown with public amenities.

FISCAL IMPACTS:

The council recently reported a tentative agreement with Chevron to receive $2 million as well as the building, not currently valued. In order to perform the due diligence, staff recommends budgeting a portion of this anticipated funding to offset the budget allocation needed. As such, a budget request of $30,000 is requested in Miscellaneous Revenue (100-4-7500-5099) and a new CIP (100-5-93XX-290).

OPTIONS:

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

1. Do not approve a budget allocation.

If Council does not approve a budget allocation, staff will not be able to perform due diligence prior to the possible building / land acquisition.

2. Do not appoint any Councilmembers to an ad-hoc committee.

If Council does not appoint a Councilmember to an ad-hoc committee, staff will move forward with community meetings and come back to Council at a later date to present their findings and receive Council feedback at that time.

ATTACHMENTS:
189
To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: ADOPTION OF 2023 COUNCIL MEETING CALENDAR
Date: December 21, 2022
Agenda Item: 12.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Review the City Council Meeting calendar for 2023 and consider the cancellation of the July 5, September 20 and January 3, 2024 meeting, and any additional meetings in July or August.

Presented by: Dan Singer, City Manager
BACKGROUND:

In December of each year, the City Council has an opportunity to establish its City Council meeting schedule for the year ahead. Staff is recommending that Council review the 2023 meeting schedule, attached as Exhibit A, and consider cancelling or changing meetings on or near holidays, and in consideration of any summer breaks.

ANALYSIS:

Council Meetings
The Santa Paula Municipal Code (Section 30.01) establishes a fixed meeting schedule for regular City Council meetings, setting those meetings for the first and third Wednesday of each calendar month. With the expectation that a meeting will be held on those dates, it is helpful to the public, staff and Council to plan well ahead for any proposed cancelled meetings and/or conflicts with known holidays.

For the 2023 calendar year, there are no conflicts with City-recognized National holidays, attached as Exhibit B, however, the annual League of Cities conference to be held in Sacramento, which runs from Wednesday, September 20 through Friday, September 22. As a result, and so that Council and staff may attend the conference, it is recommended the Council cancel the September 20 meeting. Alternatively, should the necessity exist, the Council could consider meeting on Tuesday, September 19 in place of the regular meeting date of September 20.

In order for the Council to meet the first Wednesday of January (1/3/24), a meeting agenda 190
would need to be released Thursday, December 28 which is during the week city offices often close. The week between Christmas and New Year's is often used by employees to take time off as City offices will be closed. As a result, it is recommended the Council consider cancelling the first meeting of 2024, on January 3.

In past years in Santa Paula a few summer meetings have been cancelled. This provides periods of time for administrative staff to know that planning for and attending a meeting will not be required during those breaks. Similarly, it allows members of the Council to plan vacations or time away. Numerous other public entities cancel meetings around July and August, which lessens impacts on Councilmembers who serve as liaisons to those boards and commissions.

Looking at the 2023 calendar, it is recommended Council consider going dark on July 5, as it is during the July 4, Independence Day holiday. A second meeting in either July or August could also be cancelled in order to support vacation plans. Prior to the Council meeting, Councilmembers might look ahead to any vacation plans and/or preferences for time off during those months.

The remainder of the calendar and holiday schedule looks to afford the opportunity for Council to keep all of the regularly scheduled meetings as is. It should also be noted that there will be the need for additional meetings of the Council in February through June to accommodate the bi-annual budget and strategic planning process.

STRATEGIC PLAN:

None.

FISCAL IMPACTS:

Cancelling a Council meeting has little monetary effect but does save the City some money in printing, publication and utility costs, as well as any overtime or direct contracts with personnel such as our videographer.

OPTIONS:

As an alternative to Staff's recommendation, the City Council may:

1. Decline to adopt staff's recommendation or alter the recommendation. Cancelling any regularly scheduled meeting is at the full discretion of the City Council.

ATTACHMENTS:

Exhibit A - Council 2023 Calendar.pdf
Exhibit B - 2023 Holiday Schedule.pdf
191
192
193
194
195
196
To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: APPOINTMENTS TO THE MAYOR'S STANDING AND AD HOC

COMMITTEES
Date: December 21, 2022
Agenda Item: 12.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:
a) Consider appointments to the Mayor's Standing and Ad Hoc Committees and review appointments to Regional and State boards, committees and commissions. The Mayor may ratify appointments to these committees.
b) Consider any modifications to the current list of committees.

Presented by: Dan Singer, City Manager
BACKGROUND:

The Mayor's annual appointment of Councilmembers to various committees, boards and commissions is in accordance with the Santa Paula Municipal Code Section 30.03 (A). That section provides that the Mayor must appoint the members of the City Council's standing committees no later than the second regular meeting in the month following the appointment as Mayor. Members of such committees shall serve a term of one year.

Based on the various committee adjustments, and with the rotation of the Mayor and the election of one new member to the Council, an opportunity now exists to consider appointments to the Council's various committees, boards and commission.

ANALYSIS:

Exhibit A showcases the current Local Standing and Ad Hoc Committees, Regional Boards and Commissions and State Committees. The list has been modified to reflect the current Mayor (Sobel) and Vice Mayor (Cornejo) who are assigned to the committees that require the appointment of the presiding Mayor and Vice Mayor. Former Councilmember Araiza's assignments have been identified as "vacant" on this Exhibit.

Exhibit B offers the same list of appointments, however it reflects a chart that more visually outlines each Councilmember's current appointments, demonstrating how many committees each Councilmember is currently assigned. Former Councilmember Araiza's assignments are 197
identified under his name, but are obviously vacant, whereas newly elected Councilmember Chavez has yet to be given any assignments. This chart also identifies those assignments involving a primary and alternate appointee, whereby the alternate is listed with a capital "A." Tonight's item also affords Council the opportunity to review the current list of committees and determine the necessity for any changes. For example, earlier in the year, Council established an Ad Hoc Committee to review ARPA Micro-grants. That effort has now concluded thus the Committee has completed their task and is no longer needed. Two new opportunities also exist. One appointment is to select a primary and alternate member to represent the City on the Clean Power Alliance (CPA) Board. The City was recently accepted as a member of the CPA and while our transition to the CPA as the City's power provider won't be completed until early in 2024, the City is eligible to begin service on the Board as of February, 2023. The Board meets the first Thursday afternoon of each month. Earlier this evening, the Council was also given the opportunity to establish an ad hoc committee to work with staff on the transition of the Oil Museum building to possible City ownership and control.

If supported, the Mayor shall make appointments of one or two members to that committee.

Council should also discuss the elimination of the Sewer and Water Rate Standing Committee since the City is still two years away from a new rate review study and process so it is not anticipated this Committee will need to meet over the next appointment cycle. Finally, it should be noted that both the Broadband and Cannabis Committees are identified as "ad hoc", yet have existed with a fairly broad purpose for over four years. Ad hoc committees, by their very nature, are designed to be temporary until they achieve a specific task assigned by Council and meet on an as-needed basis. Consideration should be given to the need for either committee to continue to exist and to identify whether either effort should be moved to a Standing Committee.

Members of the Council are asked to review their current assignments and come to the meeting with any recommendations for changes. In addition, it is recommended that any alteration to assignments takes place with the start of the new year, beginning in January, so that current activities may conclude this month and staff may inform outside agencies of proposed representational changes ahead of future meetings.

STRATEGIC PLAN:

This is a routine, annual action, as anticipated in the City's Municipal Code, thus it is not identified as strategic in nature.

FISCAL IMPACTS:

Each committee, whether ad-hoc or standing, requires the presence and involvement of at least one staff person. Meetings take time to establish, agenize, publish, conduct and then follow up on. The more frequently a committee meets and the more requests or recommendations a committee has or makes, creates a direct impact on those staff members assigned to that committee.

OPTIONS:

ATTACHMENTS:
198
Exhibit A - Mayor Standing Committee DRAFT 2.pdf
Exhibit B - Chart of Appointments DRAFT 3.pdf
199
200
201
202
203
204
Santa Paula City Council Tentative Agenda Schedule
Updated 12/15/2022

DEPARTMENT MEETING

DATE ITEM DESCRIPTION
PR January 18, 2023 ACT Report Presentation
PR Security Fence Contract Award
HR Social Media Policy – Reso 7432
PD Annual Cops Grant
PW Peck Road Water Main Repair Construction Contract
PW Energy Efficiency Program Status Report
Admin District-Based Elections
Admin Rescind Pandemic Declaration of Emergency
Admin Police Chief Selection Process
CED Property Sale (closed session)
CDD February 01, 2023 Community Development Department Report PW Report on LARWQCB and CWSRF Acceptance of
CDO Extension
PW Plans & Specifications for 8th Street Streetlight Repair Project
PW Asset Management System Implementation Report and
Presentation

STUDY SESSION TOPICS
Admin No Smoking Ordinance
Admin Homelessness Discussion
Admin Diversity, Equity and Inclusion Workshop
Admin Jan/Feb Legislative Platform Update
Legal Jan/Feb Review of Council Procedural Guidelines

FUTURE AGENDA ITEMS
Admin SoCal Edison discussion on rates
Admin 3/1/2023 District-Based Elections – Ord Intro 2nd Read CDD Jan/Feb Review of City Street Naming Policy
CDD VCTC Update on Railroad
CDD Cultural Arts Update
Finance Travel Policy Update
HR/CM Jan/Feb IT Manager Reclassification
CDD Housing In-lieu Funding Expansion
Admin Community College Education Center
Admin 211 Presentation
205

Santa Paula City CouncilDecember 21, 2022

Santa Paula City Council
December 21, 2022