Agenda packet — Santa Paula City Council, July 19, 2023

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 SPECIAL MEETING OF THE

SANTA PAULA CITY COUNCIL
WEDNESDAY, JULY 19, 2023
12:30 PM - City Council Special 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
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. Special and Closed Sessions vary by date and time.

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Public Comments received after, will be provided to the legislative body the next day.

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SPECIAL MEETING - COUNCIL CHAMBERS

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. ROLL CALL

3. PUBLIC COMMENT
At this time, members of the public may comment on any item appearing on the agenda only. Individual Councilmembers may briefly respond to Public Comments or ask questions for clarification. Public Comments are limited to three minutes.

4. 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 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. 2 4.A REJECT ALL BIDS FOR THE MAIN STREET CROSSWALK

IMPROVEMENTS PROJECT AND AUTHORIZE STAFF TO REBID

THE PROJECT
RECOMMENDATION:

Staff recommends that the City Council:

1. Reject all bids for the Main Street Crosswalk Improvements Project.

2. Authorize Staff to re-advertise for Project bids.

4.B DISASTER RECOVERY AND EMERGENCY FUNDING APPROVAL
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the use of reserve funds for costs associated with disaster response and recovery associated with winter storms and related damages sustained by City facilities commencing January 4, 2023 under the provisions of the City’s Reserves Policy.

2. Authorize the City Manager or his designee to approve payment of invoices for contracting and professional services associated with disaster recovery efforts performed January 4, 2023 through a date approved by responsible agencies using monies from the General Fund Contingency Reserve.

4.C RESOLUTION ADOPTING SOCIAL MEDIA TERMS OF USE POLICY RECOMMENDATION:

Staff recommends City Council:

1. Adopt Resolution No. 7472 establishing the City of Santa Paula Social Media Terms of Use Policy for all social media accounts established and maintained by the City.
3 5. ACTION ITEMS

5.A JOINT SANTA PAULA, FILLMORE, VENTURA COUNTY TWO-YEAR

AGREEMENT FOR OPERATIONAL FUNDING OF THE SPIRIT OF SANTA

PAULA HARVARD SHELTER
RECOMMENDATION:

It is recommended that City Council:

1. Authorize the City Manager to sign an agreement, in substantially the form submitted, with the County of Ventura and the City of Fillmore to share in the cost of the operations of the Spirit of Santa Paula Harvard Shelter at 1498 East Harvard Boulevard.

2. Authorize the City Manager to make non-monetary edits to the Council-approved form of the agreement to be consistent with the form of the agreement the County Board of Supervisors approves, provided such edits do not create undue hardship for the City of Santa Paula.

6. CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §§ 54950, et seq.) for the following purpose:

6.A CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE § 54956.8
 PROPERTY: 1435 EAST HARVARD (0.55 ACRES)
 VENTURA COUNTY APN: 101026014
 AGENCY NEGOTIATION: JAMES MASON, COMMUNITY AND

ECONOMIC DEVELOPMENT DIRECTOR
 NEGOTIATING PARTIES: CITY OF SANTA PAULA AND BUCK DREW  UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT

7. CLOSED SESSION REPORT

8. 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 4
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: REJECT ALL BIDS FOR THE MAIN STREET CROSSWALK

IMPROVEMENTS PROJECT AND AUTHORIZE STAFF TO REBID THE

PROJECT
Date: July 19, 2023
Agenda Item: 4.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Reject all bids for the Main Street Crosswalk Improvements Project.

2. Authorize Staff to re-advertise for Project bids.

BACKGROUND:

The Crosswalk Safety Improvement Program (CSIP) is an on-going capital improvement program to maintain or replace crosswalk warning lights, striping and curb ramps in accordance with disabled access regulations and current traffic safety practice. Staff has identified the following seven intersections where the in-ground, crosswalk warning lights are no longer functioning and require replacement:

Main Street
Lucada Street and Main Street
Cameron Street and Main Street
South 4th Street and Main Street
Dean Drive and Main Street
State Route (SR) 150
Oakdale and Ojai Road
Virginia Terrace and Ojai Road
Ventura Street and 10th Street
The existing in-ground warning light systems are obsolete and no longer available for purchase. Staff has identified an improved crosswalk safety option in Rectangular Rapid Flashing Beacons (RRFBs).

On April 19, 2023, the City Council adopted Resolution No. 7451 approving the plans and 5 specification for the Main Street Crosswalk Improvements Project and authorized Staff to advertise for Project bids.

ANALYSIS:

On May 30, 2023, the Main Street Crosswalks Improvements project bid opening was held at 3 PM at the City Clerk’s office. Only one (1) bid was received from Toro Enterprises Inc. in the amount of $1,336,695.50, which was over 300% above the Engineer’s Estimate of $437,034, exclusive of contingencies, construction management, inspection, materials testing, and engineering support services.

Engineering Staff along with Encompass Consulting Group, Inc. (ECG), the project’s lead designer, has analyzed the bid proposal against the engineer’s cost estimate and found several bid items that greatly exceeded reasonable expectations of cost. The current bidding environment has seen an increase in costs and decrease in the number of bidders which continues to adversely affect Public Works projects throughout the region.

Should the Council approve the recommendation to re-bid, Staff will remove the requirement for mandatory attendance at the pre-bid meeting from the plans and specifications in an effort to encourage additional bidders.

STRATEGIC PLAN:

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

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

FISCAL IMPACTS:

At this time, there are no fiscal impacts. Given the current bidding climate and the rising costs of construction, there is a potential that staff will return to Council following the bid opening should bids exceed the current budget and additional funds be required to award the project.

OPTIONS:

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

1. Award the project as submitted. This would require requesting approximately $1,314,369.50 to complete the project.

2. Shelf the project until the SR 150 Crosswalk Improvements project is ready to go out to bid and package them up together as one bid. This may help get interest from more bidders due to the larger size as well as potentially getting better pricing due to economies of scale.

3. Shelf the project and seek grant funding to cover the cost difference. This project may qualify under a few different grant programs such as Active Transportation Program (ATP) which includes Safe Routes to School (SRTS). The next ATP cycle will be in 2024, so that would delay the project by a couple of years due to the time it takes to apply and be granted the funding if successful.
6 ATTACHMENTS:
7 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: DISASTER RECOVERY AND EMERGENCY FUNDING APPROVAL Date: July 19, 2023
Agenda Item: 4.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

BACKGROUND:

Severe winter storms, which commenced in January of 2023 and continued in subsequent months, have caused damage to City buildings, roads, drainage systems, and water distribution facilities.

On January 4, 2023, the Governor of the State of California declared a state of emergency as a result of the winter storms related to a series of atmospheric river systems that occurred.

On January 8, 2023, President Biden declared an emergency in California in response to the severe winter storms, flooding, and mudslides experienced in the State. This federal emergency declaration allows for federal assistance to supplement the local response efforts and authorizes the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) to coordinate all disaster relief efforts.

In conjunction with the federal disaster declaration, personnel from FEMA have been in contact with the City, coordinating disaster recovery efforts and clarifying program requirements. Initial FEMA requests of the City include the formal assessment of damaged City property and facilities, quantification of damage scope and estimated repair costs, and coordination debris removal and protective measures to mitigate further damage pending the approval of formal repairs. In some cases, areas of latent storm damage appeared in the weeks and months following initial storm events, but still required immediate response and related repair efforts to address hazards to citizens and property. 8 On February 1, 2023 City Council approved Resolution 7445 (Exhibit A), proclaiming a state of local emergency as a result of these severe storms. The proclamation was necessary to recover disaster related costs from State and federal sources as they become available. The proclamation was to return to City Council at subsequent meetings at least every 60 days to extend the local emergency based on existing conditions and until termination of the emergency.

ANALYSIS:

Natural disasters occur irregularly in the region, with unpredictable frequency and severity.

Natural disasters can include fires, earthquakes, flooding and debris flows, as well as other damaging events. While these events are known to occur from historical experience, their irregular nature and severity make budgeting for natural disasters and related response, repair and recovery largely impractical in the City’s 2-year budgeting process.

Following the initial winter storms in January 2023, City staff began assessing damage to City roads, drainage and water distribution facilities, and other City property. These initial assessments were followed by debris removal operations where immediately necessary, as well as the implementation of sandbags, slope protection and other measures to mitigate further damage to City property pending detailed review by FEMA. Since this time, City staff have been working with FEMA personnel to categorize and quantify specific areas of facility damage, as well as to coordinate approval of specific damage locations.

Subsequent to these initial assessments of storm damage and repair, additional damage to the Case Tank access road was discovered, consisting of extensive culvert and slope failures with repair estimates ranging from $850,000-$1,000,000. Additionally, on March 1st, as a result of heavy rains and over saturation from previous storms, the City had a sinkhole develop along 6th Street between Santa Paula Street and Virginia Terrace. Due to safety considerations associated with the sink hole, proximity to Santa Paula High School, as well as the potential for further sudden pavement failures, the sinkhole was repaired shortly after it was discovered. The total cost of this repair amounted to $422,412.22.

The damages associated with January storms have been addressed under the federal disaster number DR 4683 in association with President Biden’s January 8, 2023 declaration, which covers storm related damage which occurred between December 27, 2022 to January 31, 2023. Damage which occurred in February and March are currently under review by County, State and federal agencies. Should these agencies announce disaster recovery assistance is permitted and available for such damage, similar provisions for disaster relief and recovery of qualified expenditures will be approved and available to the City.

In general, the City has addressed provisions for the funding of emergency repairs, debris removal and protective measures with reserve funds that are maintained for these types of emergencies (see Reserves Policy attached as Exhibit B), as well as other events which are not anticipated in the normal budgeting process. The City's Reserves Policy allows the entire balance of the General Fund Contingency Reserve to be used temporarily to fund recovery costs from natural disasters, provided that all aid assistance options will be sought to fund recovery efforts or reimburse the Reserve. As the City is seeking disaster recovery assistance funds from government agencies, Council approval of using Reserve funds is consistent with the the policy and may be given.
9 STRATEGIC PLAN:

This item is not a goal or objective in City Council’s two-year Strategic Plan, however, recovery of general fund monies utilized to address expenditures related to a declared disaster from State and federal funds established for this purpose is fiscally prudent to Santa Paula taxpayers.

FISCAL IMPACTS:

The City has currently expended a total of $441,323.71 on disaster related costs, which include repairs, installation and maintenance of protective measures, and consultant costs related to City, State, FEMA and County coordination, field meetings, damage assessment, cost estimation, and preliminary design of facility repairs. Should this total amount be approved by FEMA, FEMA will reimburse the applicant for 75% of eligible costs, and the applicant will be responsible for the remaining 25%. For the remaining 25% required by the applicant, the State (CAL OES) will reimburse 18.75% of this 25%, with the City responsible for 6.25% of eligible costs.

Eligibility of individual costs incurred from the January severe storms (DR 4863), as well as the anticipated disaster declaration for February and March, are under discussion and review with FEMA. Should this approval not materialize, the City will be liable for the entire amount.

The additional remediation cosst and future projects are currently on hold until FEMA provides the City a response on reimbursement. Staff is not seeking funding for those projects at this time.

As part of the reserve policy requirements, staff will return to Council within 90 days of approval with a repayment plan of the $441,323.71 being requested today. .

OPTIONS:

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

1. Do not authorize the use of reserve funds for costs associated with disaster response and recovery associated with winter storms and related damages sustained by City facilities commencing January, 2023 under the provisions of the City’s Reserves Policy, and direct staff to seek other funding to address current expenses incurred, as well as future expenses associated with the disaster recovery process. This will delay the repair of essential facilities pending budgetary approval of alternate sources of funds;

2. Do not authorize the City Manager or his designee to approve payment of invoices for contracting and professional services associated with disaster recovery efforts. This will result in contractual issues, and will compromise staff’s future reliance upon, and utilization of on call consultants and contractors to provide disaster recovery assistance to the City.

ATTACHMENTS:
10 EXHIBIT A - Storm Local Emergency Resolution.pdf
EXHIBIT B - Reserves Policy.pdf
11 EXHIBIT A
12 RESOLUTION NO. 7445

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

PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY REGARDING

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

A. Santa Paula Municipal Code Section 34.05 empowers the City Manager to request the City Council to proclaim the existence, or threatened existence, of a local emergency, if the City Council is in session, or to issue a proclamation if it is not.

B. Severe storms commencing on or about January 4, 2023, created conditions of extreme peril to the safety of persons and property within the City of Santa Paula (“City”).

C. On January 4, 2023, California Governor Newsom declared a state of emergency to provide assistance to local governments, formalize emergency actions across multiple state agencies and departments, and help the state respond to flooding, power outages, and damage caused by severe winter storms beginning December 27, 2022.

D. On January 8, 2023, President Biden declared a state of emergency in the State of California and ordered federal assistance to supplement state, tribal, and local response efforts due to the emergency conditions resulting from successive and severed winter storms, flood, and mudslides.

E. The severe storms caused damaged within the City including flooding of the Public Works Corporate Yard, loss of several mature trees, and the need to remove dangerous trees due to creek undermining. Staff’s preliminary estimate of repairs and remediation costs ranges between $115,000 and $140,000.

F. California Government Code Section 8630 and Santa Paula Municipal Code Section 34.05 empowers the City Council to proclaim the existence of a local emergency to protect and preserve public welfare when the City is affected or likely to be affected by a public calamity.

G. The City Council desires to declare a local emergency based on its finding that the severe storms caused property damage within the City and areas are still recovering from heavy flooding.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA PAULA DOES HEREBY RESOLVE AS FOLLOWS:
13 SECTION 2: Proclamation of Emergency. Pursuant to California Government Code section 8630 and Santa Paula Municipal Code section 34.05, the City Council hereby finds and proclaims a local emergency caused by conditions or threatened conditions of severe winter storms in Santa Paula, which constitutes an extreme peril of health and safety of persons within the territorial limits of the City.

SECTION 3: Duration. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. The City Council shall review the need for the continuing local emergency at least once every 60 days until the City Council terminates the local emergency.

SECTION 4: City Manager Authority. The City Manager, acting as the Director of Emergency Services, is hereby authorized to furnish information, to promulgate orders and regulations necessary to provide for the protection of life and property pursuant to California Government Code section 8634, to enter into agreements and to take all actions necessary to obtain State emergency assistance to implement preventive measures to protect and preserve the residents of the City within the scope of the local emergency hereby declared.

SECTION 5: Price Control. Pursuant to California Penal Code section 396, it is unlawful for any person or business of the City of Santa Paula to charge more than 10% higher than the price charged by that person or business 30 days after the proclamation of this local emergency. The statute also authorizes the City Council to extend the price controls for additional 30-day period as needed to protect the lives, property or welfare of the citizens.

SECTION 6: During the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City of Santa Paula.

PASSED AND ADOPTED this 1st day of February, 2023.
______________________________
Andy Sobel, Mayor
ATTEST:
________________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
14 ____________________________
Monica Castillo, Interim City Attorney
APPROVED AS TO CONTENT:
____________________________
Dan Singer, City Manager
15 EXHIBIT B
Reserves Policy
16 Reserves Policy
POLICY PURPOSE
The purpose of this policy is to establish general guidelines for the establishment, maintenance and use of reserves. The reserves will generate investment income, provide a margin of safety and stability to protect the City from exposure to catastrophic events and economic impacts and provide flexibility to pursue emergent opportunities.

General Fund Contingency Reserve
The General Fund Contingency Reserve Policy requires that the City strive to maintain a minimum balance of 20% of allocated General Fund (and sub‐funds, including but not limited to the General – Measure T Fund) ongoing expenditures of any given year. The contingency reserve balance should be reported annually, with fund transfers to be made annually prior to the closing of the fiscal year.

INTENDED USES FOR RESERVE
 Interruptions in cash inflows
Examples include the State holding back or altering tax disbursements, loss of sales tax receipts of a one‐time nature, or a significant economic slowdown.  If the cash inflow interruption is of an ongoing nature, reserve use is limited to a consecutive two‐year period, not to exceed 50% of the beginning reserve balance.
 Emergencies
In the event of an emergency or disaster such as earthquakes, fires, floods or other such emergencies, the entire balance may be used to temporarily fund recovery costs.  It is understood that all aide assistance options will be sought to fund recovery efforts or reimbursement of the General Fund Contingency Reserve for fronting of recovery costs.  Capital Acquisitions
Up to one‐third of the Contingency Reserve balance may be used to finance capital acquisitions, as long as a repayment plan is approved.  The repayment plan must be financially feasible based on the City’s adopted Long‐Term Financial Forecast.   Alternative financing options shall be presented for consideration along with the use of the Contingency Reserve.  Emergent Opportunities
17 Up to one‐third of the Contingency Reserve balance may be used to finance opportunities that directly benefit the City in a variety of ways. These include, yet are not limited to, creating, enhancing, or preserving revenue streams, or otherwise strengthening the City’s financial performance.

OTHER CRITERIA FOR USE
A majority vote from the City Council is required to determine that it is necessary to use the Contingency Reserve for any of the uses listed above.

With the exception of the emergency scenario, the reserve contingency balance allocated for other intended uses shall not exceed 50% of the required balance in any given year.

The Reserve fund will strive to maintain a minimum balance, or floor, of 5% of the General Funds’ operating budget. A unanimous decision by Council must be made in order to utilize the remaining 5%.

REPLENISHMENT PLAN
Unless a repayment plan is pre‐established at the time reserves are allocated, Staff shall bring for Council consideration a replenishment plan, within 90‐days of allocation from the reserve. It would be Council’s expectation that every effort would be made to replenish the reserve as soon as it is financially feasible and practical to do so.

If the reserve cannot be replenished by the next annual budget, a repayment plan not to exceed five years should be approved by council via a majority vote.

ENTERPRISE FUND RESERVES
The City will strive to have available cash reserve to cover operating shortfalls to be used for both short term cash flow and contingency planning for unforeseen situations such as unexpected increases in costs or declines in revenues, legislative or judicial mandates, new or expanded services or programs, natural disaster emergencies, one‐time Council approved non‐capital expenditures or capital needs, and interruptions in billing process to customers.

The Enterprise Reserves Policy requires the following Reserves be established and incorporated in the budget development process:

1. Capital Improvement and Capital Replacement Reserves Fund Each Enterprise shall strive to maintain funds equal to a minimum of 3% of the net depreciable capital assets for capital repair and replacement needs. This reserve addresses the City’s long‐ term capital needs as well. The calculation of funds maintained in this category will exclude any funding anticipated to be obtained from outside sources such as external financing or grants.

2. Operating Reserve
18 The Water Enterprise shall strive to maintain an operating reserve at a minimum cash level balance equal to 25% of its annual operating expenses. This reserve target is equal to a three month (or 90‐day) cushion for normal operations.

The Sewer Enterprise shall strive to maintain an operating reserve at a minimum cash level balance equal to 50% of its annual operating expenses. This reserve target is equal to a six month (or 180‐day) cushion for normal operations.

These reserves will strive to bridge the gap between the time expenses are paid and the time revenues from the same service are collected from customers. The funds will ensure continuity of service regardless of cash flow.

3. Debt Reserve
Each Enterprise shall maintain reserve requirements of the outstanding bonds of the respective fund.

REPLENISHMENT PLAN
Unless a repayment plan is pre‐established at the time reserves are allocated, Staff shall bring for Council consideration a replenishment plan, with the next budget development cycle. It would be Council’s expectation that every effort would be made to replenish the reserve as soon as it is financially feasible and practical to do so. The replenishment plan may not exceed five years. 19 To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: RESOLUTION ADOPTING SOCIAL MEDIA TERMS OF USE POLICY Date: July 19, 2023
Agenda Item: 4.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Adopt Resolution No. 7472 establishing the City of Santa Paula Social Media Terms of Use Policy for all social media accounts established and maintained by the City.

BACKGROUND:

In recognition of the value of social media platforms for reaching a broad audience and facilitating communication with the public, the City has established social media accounts on various platforms. The purpose of these accounts is to disseminate information regarding the City's mission, meetings, activities, events, and current issues to members of the general public, while also welcoming public comments on these matters.

To protect the integrity of the information and content posted through city social media accounts, it is essential to establish clear Terms of Use (Terms) governing the public's use of these accounts. These Terms, in conjunction with the applicable terms of use established by each platform, will ensure that the City maintains control over its social media presence and upholds its interests and expectations.

ANALYSIS:

With the increased frequency and use of social media accounts around the globe, municipalities throughout the United States have adopted Terms policies to protect their interests, maintain control over content, and ensure civil and unbiased communication.

The attached Terms establish clear guidelines for acceptable behavior and content management allowing the City to maximize the benefits of social media engagement while mitigating potential risks. It should be noted, public input, an important part of transparent and open government, is encouraged and will still be allowed on the City's social media sites, provided users of the sites adhere to the Content Management rules defined in Section B of the Social Media Terms.

With Council's approval, the Terms policy will be placed on all City social media sites 20 established and maintained by the City. For transparency, the policy will also be shared on our City website. As a result, users accessing our social media sites and the content provided within, agree to our Terms of Use.

STRATEGIC PLAN:

This item is not a goal or objective in City Council’s two-year Strategic Plan, however, it support one of Council's core values of Communication, "We value open, transparent dialogue, and fostering an environment where ideas, concerns, and feedback are freely exchanged with residents and organizations."
FISCAL IMPACTS:

Currently, there are no costs associated with joining or operating on social media platforms.

PERSONNEL COSTS:

Staff time is required to manage various social media platforms, create and design content, respond to questions, and to monitor social media feeds.

OPTIONS:

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

1. Do not approve the Social Media Terms of Use for all social media accounts established and maintained by the City; or

2. Provide staff with further direction.

ATTACHMENTS:

Resolution No. 7472 - Public Social Media Policy Terms Of Use.pdf 21 RESOLUTION NO. 7472

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

ADOPTING A SOCIAL MEDIA TERMS OF USE POLICY
The City Council of the City of Santa Paula does resolve as follows:

SECTION 1. Recitals.

A. The City of Santa Paula (“City’) through its departments maintains a number of social media accounts on various platforms in order to share information about City business with the public.

B. While the City invites public comment and engagement on these platforms, the City also has a legitimate interest in protecting the integrity of information and content posted on City-maintained social media sites, and to ensure civil and unbiased communication.

C. Council therefore wishes to establish clear Terms of Use governing the public's use of these accounts in accordance with the law and best practices.

SECTION 2. The City Council hereby adopts this Resolution adopting the City of Santa Paula Social Media Terms of Use Policy attached as Exhibit A.

SECTION 3. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 19th day of July 2023.
________________________________________
Mayor Sobel, Mayor
ATTEST:
______________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
__________________________________
Monica Castillo, Interim City Attorney
22 65283.00001\41455429.3

CITY OF SANTA PAULA

SOCIAL MEDIA TERMS OF USE
Effective Date: July 19, 2023
Purpose:

The City of Santa Paula (“City”) recognizes the value of social media platforms to reach a broader audience to address the fast-changing way residents communicate and obtain information online. For this reason, the City has created and may create future City Social Media Accounts on Social Media Sites as a means to disseminate information regarding the City’s mission, meetings, activities, events, and current issues to members of the general public. These accounts are to be used solely for matters of City business and the City welcomes the public’s comments on such matters.

The City, however, has an overriding interest and expectation in protecting the integrity of the information and content posted through City Social Media Accounts. Accordingly, these Terms of Use (“Terms”) are intended to govern the public’s use of all City Social Media Accounts maintained and controlled by the City. By accessing any City Social Media Account, you agree to these Terms in addition to any other applicable terms of use established by a Social Media Site.

Definitions:
“City” includes a City department authorized by the City Manager to establish a City Social Media Account.
“City Social Media Account(s)” means any username, user identification, or user page established and maintained by the City on a Social Media Site. A City Social Media Accounts is “maintained” by the City if the City has control of the content, information, articles, pictures, videos, or other form of communication posted or published, except for advertisements or hyperlinks provided by the Social Media Site’s owners, vendors, or partners.
“Post(s)” or “Posting(s)” means all content, information, articles, pictures, videos or any other form of communication shared, posted, or published on a Social Media Site. “Social Media Site(s)” means an electronic communication platform using accessible, expandable, and upgradable publishing technologies, through and on the Internet (such as websites for social networking and microblogging), by which registered users engage in community-based input, interaction, content-sharing and collaboration. Examples of Social Media Sites include, but are not limited to, Facebook, Twitter, Instagram, NextDoor, TikTok, YouTube, and LinkedIn.

Terms:

A. General

EXHIBIT A
23 65283.00001\41455429.3

1. Relationship to City Website. City Social Media Accounts shall supplement, and not replace, the City’s official website (spcity.org) which shall remain the City’s primary source for online communication. To the extent possible, the City’s Posts on Social Media Sites shall link back to the City’s official website for forms, documents, online services and other information necessary to conduct business with and/or in the City. However, in no event shall any Posting on any City Social Media Account page or Post be used in lieu of providing the City’s required notices and standard methods of communication.

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5. Public Records Act. All City Social Media Accounts are subject to the California Public Records Act. Any and all content maintained on or related to a City Social Media Account, including but not limited to a list of subscribers, posted communication and content, communication submitted for posting, and private messages may be considered a public record subject to public disclosure.

6. City Disclaimer; No Endorsement. Any content by a member of the public sent to, published, or posted on or through any City Social Media Account, including without limitation a Post or a response to any City Post or comment, is the opinion of the commenter or poster alone, does not imply endorsement of or agreement

EXHIBIT A
24 65283.00001\41455429.3
by the City, and the City disclaims liability for any such content. Comments may not be reproduced for the purpose of stating or implying City endorsement or approval of any viewpoint, product, service, entity or organization.

B. Content Management

1. The City is committed to serving the online community in a civil and unbiased manner.

2. All comments and Postings related to City Social Media Accounts will be subject to monitoring by the City Manager and/or his/her designee(s).

3. Any content by a member of the public sent to, published, or posted on or through any City Social Media Account shall not contain any of the following:
a. Comments that are completely unrelated to the particular Posting being commented upon or the particular City Social Media Account being commented through
b. Solicitation of commerce
c. Commercial promotions or spam
d. Hyperlinks to material that is not directly related to the discussion e. Comments in support of, or opposition to, political campaigns, candidates or ballot measures
f. Profane or obscene language or content
g. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, or status with regard to public assistance, national origin, physical or mental disability or sexual orientation, as well as any other category protected by federal, state, or local laws
h. Sexual content or links to sexual content
i. Solicitations of commerce or other advertisement of commercial services, entities or products
j. Conduct or encouragement of illegal activity
k. Information that may tend to compromise the safety or security of the public or public systems
l. Content that violates a legal ownership interest, such as a copyright, of any other party

EXHIBIT A
25 65283.00001\41455429.3
m. Defamatory statements
n. Threats of violence or injury to any person, property, or organization

4. The City reserves the right to remove or hide any content that is deemed by the City to be in violation of these Terms or any other applicable law.

5. The City reserves the right to terminate the public’s use of City Social Media Accounts at any time, provided all public users are prevented from Posting.

6. The City will not edit your comments to make them compliant with these Terms of Use. Therefore, please ensure that any comments comply with the Terms if you would like them posted. Any delay in removing noncompliant comments or Postings shall not be construed as approval of the comment or an exception to these Terms.

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Hidden/Removed Content: Any content hidden or removed for violating these Terms will be retained by the City for purposes of the Public Records Act for at least two (2) years.

Such content will be added to a log that includes the time, date, and identity (including username or screenname) of the poster, when available.

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Amendments: These Terms may be updated or amended at any time by the City Manager or his/her designee without notice. It is your responsibility to revisit the Terms, as may be amended, each time you access a City Social Media Account.

EXHIBIT A
26 To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: JOINT SANTA PAULA, FILLMORE, VENTURA COUNTY TWO-YEAR

AGREEMENT FOR OPERATIONAL FUNDING OF THE SPIRIT OF

SANTA PAULA HARVARD SHELTER
Date: July 19, 2023
Agenda Item: 5.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

It is recommended that City Council:

BACKGROUND:

In October 2021, the Spirit of Santa Paula ("Spirit"), operator of the Harvard Shelter, received $1.5 million in state funding made possible by possible by state Assemblymember Steve Bennett and Senator Monique Limón. The funding has been administered by the City of Santa Paula ("City") to facilitate the expansion and improvement of the Harvard Shelter. The shelter provides 49 beds and an array of services including food distribution, behavioral and health care through Ventura County Healthcare Agency and year-round emergency sheltering and outreach services. Spirit of Santa Paula has debt-free ownership of the facility thanks to a generous donation; however, continued expansion of programs and services combined with the expanded facility improvements have added additional operational costs.

In recent months Spirit has experienced funding shortfalls that have jeopardized continued operation of the facility. As a result, the City has been working with several agencies to identify a funding solution to support the sustainability of this operation.

Between June 19 and July 13, City staff held several meetings to negotiate the terms of a cost-sharing agreement with Spirit's staff, the City of Fillmore, Ventura County, and Assembly Member Steve Bennett.

On June 21, 2023, City Council adopted its 2023-2025 two-year fiscal budget which included 27 the allocation of $200,000 per fiscal year from ARPA funds for use toward Spirit's operations.

On July 7, 2023, the Housing and Homeless Standing Committee met and discussed the parameters of funding needs and operational costs for the Harvard Shelter.

On July 11, 2023, the Fillmore City Council approved a $150,000 lump-sum contribution of ARPA funds to the Spirit of Santa Paula for fiscal year 2023/24.

On July 25, 2023, Ventura County staff will review the cost-sharing agreement with the Board of Supervisors, with the goal of obtaining approval.

This afternoon, Staff is requesting Council approval of a joint cost-sharing agreement, substantially in the form attached to this report as Attachment A. Staff further seeks authorization for the City Manager to make non-monetary edits to the agreement for consistency with the agreement the County Board of Supervisors approves on July 25, 2023, if at all.

ANALYSIS:

The 2023 Ventura Point-in-Time Homeless count revealed there are 126 homeless individuals in Fillmore and Santa Paula. The Harvard Shelter is the only year-round homeless shelter located within the Santa Clara Valley and it has 49 beds which are filled on a continual basis.

A cost-sharing agreement between County of Ventura, the City of Fillmore and the City of Santa Paula ("Agreement") (Attachment A) has been developed in accordance with existing agreements developed between Ventura County and other County cities with shelters in their jurisdictions. One goal in developing the proposed Agreement among Fillmore, Santa Paula and Ventura County has been to ensure there is uniformity between this agreement and the agreements Ventura County has with Oxnard, Thousand Oaks, and Ventura on the funding support for their homeless shelters. However, the Spirit of Santa Paula and the Harvard Shelter are uniquely structured and financed as they are the only shelter in the county that is owned and operated by a non-profit. In addition, with other agreements between the County and cities, the city is the operator or owner of the shelter, or both; or the County is leasing the facility to the city.

The proposed Agreement is intended to fund ongoing operations of the Harvard Shelter for two fiscal years, starting July 1, 2023 and ending June 30, 2025. As part of the proposed Agreement, the County has agreed to match the combined contributions of the City and Fillmore, such that, for each fiscal year of operation, 50% of the total contribution will be from the cities of Santa Paula and Fillmore and 50% from Ventura County.) The contributions would be as follows:

FY 23/24 FY 24/25
Santa Paula $288,000/year* $288,000/year*
Fillmore $150,000/year $144,000/year
County (match) $438,000/year $432,000/year
Total $876,000/year $864,000/year
($73,000/month) ($72,000/month)
City Council directed staff to provide $200,000 per year to support Spirit’s operational costs in 28 the city’s two-year budget. In order to meet the request of $288,000 annually the city will need to secure an additional $88,000 to ensure a county match that will meet Spirit’s identified operational expenses. Staff has been collaborating with the Ventura County Community Foundation (VCCF) who has commitments from donors willing to support the Spirit of Santa Paula. If the Foundation can provide funds directly to the City, we can budget the total amount of $288,000 and ensure a county match that will provide an annual operating budget of $876,000 in 2023/24 and $864,0000 in 2024/25.

Spirit must have a substantive role in securing funding through grants and donations. In order to provide accountability and ensure the cities and county are compensated for their contributions in the event additional funds are made available through grants or donation the following terms apply:

If Spirit receives grants in excess of $200,000 in a fiscal year for use in the operation and maintenance of the shelter, 75% of the amount in excess of $200,000 will be applied to the Shelter’s expenses off the top and the cities' and County’s respective financial contributions proportionally reduced. This provision will be implemented so that the cities and County benefit in proportion to their respective financial contributions.

If the cities or County (or any combination of the Parties) receive grants, for use in the operation and maintenance of the shelter, such funds will be applied to the Shelter’s expenses off the top, the cities' and County’s respective financial contributions will be proportionally reduced. This provision will be implemented so that the cities and County benefit in proportion to their respective financial contributions. Any proportional reduction in each party’s financial contribution will be made regardless of whether that additional revenue was individually or jointly pursued or awarded.

Private donations directly given to Spirit, the cities, County, or any non-profit for the operation of the shelter shall be deemed to be under the control of the recipient, which shall have sole discretion over its use.

Additionally, funds received by Participating Cities or County that have been historically awarded or allocated to each entity for other homeless-related programs or services, and which have not been identified for Shelter expenses, shall remain under the control of the recipient party, which shall have the sole discretion over the use of such funds.

Further, to ensure continued support from Fillmore and the County, the Agreement requires the City to enter into an operating agreement with Spirit ("Operating Agreement"). The purpose of the Operating Agreement is to provide accountability and metrics that include best efforts to achieve specified goals. For instance, Spirit will be encouraged to connect shelter occupants to needed resources (income, counseling, substance abuse, etc.) by:

Developing personalized housing plan;
Supporting Shelter occupants in managing their own lives within the scope of their resources and abilities;
Providing housing location and counseling services;
Establishing relationships with private and public property owners and rental agencies; Assisting to provide permanent housing opportunities to Shelter occupants; and Assisting with housing applications
Spirit will also be expected to use its best efforts to provide case management services that include the development of an individualized service plan based on needs, circumstances, 29 and market conditions, focused on helping individuals find and keep stable housing and linkages to other community-based support services.

Contribution payments from Fillmore and Ventura County will be made to the City for transfer to Spirit on a quarterly basis beginning thirty days after the execution of the Operating Agreement. The City will then, acting as a conduit, pay Spirit the parties' combined contribution spread out in monthly payments on the first of each month. Because Fillmore will be paying its contribution directly to Spirit for fiscal year 2023-2024, the City will only be responsible for administering its own and County's contribution for fiscal year 2023-2024.

As of the writing of this report, the County and its counsel are reviewing provisions pertaining to the logistics of its contribution payments, as well as City-requested edits to provisions that govern a County $750,000-reserve fund for the shelter, City's indemnity obligations, and City's insurance obligations. If Staff is unable to incorporate any County edits into the Agreement before the packet for this item is posted, a redline showing the proposed edits will be provided to Council at the time it is considered, with copies available to the public.

STRATEGIC PLAN:

E. Public Safety & Emergency Preparedness
Goal: Create an environment within the City in which our residents feel safe and which promotes the City as a location of choice for living, working, visiting and recreating.

By supporting services, facilities and programs that impact the most vulnerable in the community we can enhance the safety and quality of life for all residents.

FISCAL IMPACTS:

The fiscal impact will be two annual contributions of $288,000 for the fiscal years 2023/23 and 2024/25. $200,000 has been allocated each year from the General Fund budget. In order to secure an additional $88,000 to ensure a county match that will meet Spirit’s identified operational expenses staff has been collaborating with the Ventura County Community Foundation (VCCF) who has commitments from donors willing to support the Spirit of Santa Paula through the City. If funds can be directed to the City, the total amount of $288,000 can be achieved which will ensure a county match that will provide an annual operating budget of $876,000 in 2023/24 and $864,0000 in 2024/25.

If the VCCF funds can only be provided directly to Spirit, it will reduce the overall commitment in the MOA by $176,000 which will require an increase of funds from VCCF or the need for Spirit to raise additional grants and donations to meet their operational costs.

In addition, If Spirit receives funding in excess of $200,000 in a fiscal year for use in the operation and maintenance of the shelter, 75% of the amount in excess of $200,000 will be applied to the Shelter’s expenses off the top and Fillmore, Santa Paula and the County’s respective financial contributions will be proportionally reduced for the amount raised above $200,000.

OPTIONS:

1. Direct the City Manger not to enter into the proposed Agreement with Fillmore and Ventura County and jeopardize the operational viability of the Harvard Shelter; 30 2. Direct the City Manager to enter into the proposed Agreement with Fillmore and Ventura County but with modifications from City Council.

ATTACHMENTS:

ATTACHMENT A - Spirit of Santa Paula full agreement w ex A 7-17-23.pdf 31 AGREEMENT TO PROVIDE FINANCIAL SUPPORT FOR THE OPERATION OF A

PERMANENT, YEAR-ROUND SHELTER SERVING HOMELESS INDIVIDUALS IN

SANTA CLARA VALLEY COMMUNITIES INCLUDING THE CITY OF SANTA

PAULA, CITY OF FILLMORE, AND UNINCORPORATED AREA OF PIRU This Agreement to Provide Financial Support for the Operation of a Permanent, YearRound Shelter Serving Homeless Individuals in Santa Clara Valley Communities Including the City of Santa Paula, City of Fillmore, and Unincorporated Area of Piru (“Agreement”), dated ______________, 2023, is hereby entered into by and between the cities of Santa Paula and Fillmore (individually referred to as “Santa Paula” and “Fillmore”, respectively, and collectively as “Participating Cities”) and the County of Ventura (“County”) (Participating Cities and County each a “Party” and collectively the “Parties”).

RECITALS
WHEREAS, a serious need exists for a permanent, year- round shelter with sustainable funding to serve homeless individuals in Ventura County and particularly within the City of Santa Paula serving the Santa Clara Valley communities including the City of Fillmore and the unincorporated area of Piru;
WHEREAS, the Spirit of Santa Paula, a California nonprofit (“Shelter Operator”) operates a permanent, year-round shelter for homeless individuals at Harvard Shelter, located at 1498 E. Harvard Blvd. Santa Paula, CA 93060 (“Shelter”); WHEREAS, City of Santa Paula, one of the Participating Cities, shall enter into a contract with Shelter Operator for the operation of the Shelter; WHEREAS, the Shelter Operator currently provides a maximum of 49 beds yearround at the Shelter as approved by the Ventura County Fire Department; WHEREAS, the Shelter’s remarkable development has been a herculean effort by hundreds of citizen volunteers who have donated valuable resources, including their labor to provide an extremely cost-effective Shelter program;
WHEREAS, the Shelter Operator advised that as of May 2023, its ongoing monthly expenses were approximately $72,000 (Base Operating Expense) and this amount has been covered with one-time dollars which is not sustainable in the long-run; WHEREAS Shelter Operator believes that for long-term sustainability of its facility it needs to attract a professional executive director for Spirit of Santa Paula augmenting or replacing their current volunteer position and establish a sustainable monthly funding stream for the Base Operating Expense and a reserve operating fund of $750,000; WHEREAS, the City of Santa Paula was awarded $1.5 million by special State appropriation carried by Assemblymember Bennett and provided the Spirit of Santa Paula with those funds for the capital construction costs of the Shelter; 32 WHEREAS, the Shelter is necessary to meet the growing challenge of homelessness and that the Participating Cities’ and County’s financial assistance to the Shelter (with the City of Santa Paula, one of the Participating Cities, acting as a conduit) serves the public purpose of providing temporary shelter and housing navigation services to the homeless population and achieving the goal of reducing the number of individuals experiencing homelessness; and WHEREAS, the Shelter does and will continue to provide access to a range of programs and supportive services to temporarily shelter 49 homeless individuals. The Shelter shall meet the needs of the homeless population and will be operated by Shelter Operator under a contract with the City of Santa Paula, one of the Participating Cities, with the City of Fillmore and the County providing financial support as set forth in this Agreement.

WHEREAS, Assemblymember Steve Bennett is expected to use his best efforts to have the SPIRIT of Santa Paula, or if the name changes, to be recognized as the City of Fillmore’s official homeless shelter by the State of California within the term of this agreement.

NOW THEREFORE, IN CONSIDERATION of the mutual agreements, obligations, and representations, Participating Cities and County hereby agree as follows:

1. FINANCIAL CONTRIBUTIONS; DUTIES AND RESPONSIBILITIES a. All Parties
i. With the exception of the two-year Initial Term, as defined in Section 3, and to the extent that the Parties agree to extend this Agreement, each of the Shelter’s subsequent years of operation will be coterminous with a fiscal year running from July 1 to June

30. By or before April 1, 2025, staff of each Party will meet and jointly determine the budget to fund the base monthly expense for operation of the Shelter for the upcoming fiscal year (or other period) and the portion of the budget to be paid by each Party. Staff of each Party will then recommend to its respective governing body that the governing body approve the budget and apportionment of the budget among the Parties as prepared by staff. If the governing body of a Party does not approve both the budget and the apportionment by June 30, 2025, or by June 30 of any applicable fiscal year thereafter, then this Agreement shall automatically terminate and no Party will have any further obligations under this Agreement. The projected operating budget for the operation of the shelter through June 30, 2024 (“FY 2023-2024 Budget”) is set forth in Exhibit A of this Agreement. The FY 2023-2024 Budget is for information purposes only. The Parties have no obligation to contribute beyond their respective shares as set forth in this Agreement.

Unless this Agreement is amended before June 30, 2024 with an updated projected operating budget, the FY 2023-2024 Budget will serve as Shelter’s projected operating budget for fiscal year 2024-2025.
ii. Payments contemplated by this Agreement by any Party for any period after June 30, 2025, are contingent on approval by the governing body of each Party of a budget for the upcoming year of operation and apportionment of the budget among the Parties. If the governing body of each Party approves the budget and the apportionment for the upcoming year of operation, the Parties’ payments for that year of operation will be governed by the terms 33 of any future amendment to this Agreement then in effect, provided this Agreement has not been previously terminated.
iii. The Parties agree that the monthly Base Operating Expense for the Shelter for the Initial Term, as defined in Section 3, shall be $72,000. The Parties further agree that payment of the financial contributions required by this Agreement shall not start until thirty (30) days after the City of Santa Paula has entered into a contract with the Shelter Operator to operate the Shelter (“Operating Agreement”). The $72,000 Base Operating Expense shall not be increased without the written approval of the Participating Cities and the County. Unless expressly stated otherwise, nothing in this Agreement shall be construed to make either Participating Cities or County responsible for any costs incurred by Shelter Operator in excess of the $72,000 Base Operating Expense. Should actual monthly Shelter costs be less than $72,000, all Parties will reduce their respective contributions by the reduced amount divided proportionally among themselves.
iv. The Parties acknowledge that Fillmore’s $150,000 lump sum contribution for fiscal year 2023-2024 will result in an aggregate contribution of $73,000, exceeding the $72,000 Base Operating Expense for that fiscal year. Fillmore expressly agrees that its $150,000 contribution for fiscal year 2023-2024 will not be subject to paragraph iii above. b. City of Santa Paula
i. Santa Paula’s Contribution. The City of Santa Paula, one of the Participating Cities, shall enter into an Operating Agreement with the Shelter Operator to operate the Shelter with a maximum of forty-nine (49) beds year-round. Unless expressly stated otherwise in this Agreement, County and the City of Fillmore shall not be a party to any contract with the Shelter Operator or for any construction contracts for the Shelter. The City of Santa Paula agrees to fund $24,000 per month for 24 months as part of the Operating Agreement it enters into with the Shelter Operator.
ii. Fiscal Year 2023-2024: Parties’ Payments from Santa Paula to Shelter. Excluding the $150,000 direct payment from the City of Fillmore to Shelter Operator for fiscal year 2023-2024 in paragraph c. below, all County and City of Fillmore payments to the Shelter Operator required under this Agreement for fiscal year 2023-2024 will be given to the City of Santa Paula for transfer to the Shelter Operator. No later than thirty-five (35) days after the Operating Agreement is entered, and provided that the City of Santa Paula has received $109,500 from County pursuant to paragraph d. below, and provided that the City of Fillmore has paid the Shelter Operator $150,000 pursuant to paragraph c. below, the City of Santa Paula shall make its first payment to the Shelter Operator in an amount equal to $59,500 per month, inclusive of Santa Paula’s share, retroactive to July 1, 2023 and prorated. Thereafter, for the remainder of fiscal year 2023-2024, the City of Santa Paula will pay $59,500 to the Shelter Operator on the 1st of each month, inclusive of Santa Paula’s share, such that by June 30, 2024 Shelter Operator will have received a total of $714,000 toward the Base Operating Expense. iii. Fiscal Year 2024-2025: Parties’ Payments from Santa Paula to Shelter. All County and City of Fillmore payments to the Shelter Operator required under this Agreement for fiscal year 2024-2025 will be given to the City of Santa Paula for transfer to the 34 Shelter Operator. Provided the City of Santa Paula has received payments from County and City of Fillmore for fiscal year 2024-2025 in accordance with paragraphs c. and d. below, the city will pay $72,000 to the Shelter Operator on the 1st of each month of said fiscal year, inclusive of Santa Paula’s share, such that by June 30, 2025 Shelter Operator will have received a total of $864,000 toward the Base Operating Expense for the 2024-2025 fiscal year. c. City of Fillmore
The City of Fillmore, one of the Participating Cities, agrees to contribute the sum of $294,000 toward the Shelter’s Base Operating Expense for fiscal years 2023-2024 and 2024-2025.

Pursuant to a separate agreement between Fillmore and the Shelter Operator, Fillmore will contribute a lump sum payment in the amount of $150,000 for fiscal year 2023-2024 directly to the Shelter Operator. For fiscal year 2024-2025, Fillmore will pay the remaining $144,000 contribution to the City of Santa Paula, on a quarterly basis, for transfer to the Shelter Operator.

Starting the first day of July 2024, Fillmore will pay Santa Paula $36,000, equal to $12,000 per month, to cover its share of Shelter operating expenses from July 1, 2024 through September 30, 2024. Fillmore will pay Santa Paula the same amount at the start of each fiscal quarter thereafter.

At the end of each fiscal quarter, Santa Paula will submit to Fillmore a statement evidencing Santa Paula’s payment of appropriate amounts to Shelter Operator for the fiscal quarter. Payments by Fillmore for any period after June 30, 2025, are contingent on approval by the governing body of each Party of a budget for the upcoming year of operation and apportionment of the budget between the Parties, as set forth in section 1.a above.

For purposes of clarity, the following table illustrates the payment schedule in this subsection:

Fillmore Payment Due
to Santa Paula
July 1, 2024 Oct. 1, 2024 Jan. 1, 2025 April 1, 2025
Amount Due to Santa
Paula
$36,000 $36,000 $36,000 $36,000
Santa Paula Statement
Due to Fillmore
Sept. 30, 2024 Dec. 31, 2024 March 31,
2025
June 30, 2025
d. County
i. County’s Contribution. In consideration for the City of Santa Paula entering an Operating Agreement with the Shelter pursuant to the terms of this Agreement, the County agrees to contribute the sum of $870,000 toward the Shelter’s Base Operating Expense for fiscal years 2023-2024 and 2024-2025. For each fiscal year, the County has agreed to match the combined contributions of Santa Paula and Fillmore. As such, County’s total contribution is split between the two fiscal years as follows: $438,000 for fiscal year 2023-2024 and a $432,000 for fiscal year 2024-2025.
35 ii. Fiscal Year 2023-2024 Contribution. The County’s first payment under this Agreement will be $109,500 to cover its share of Shelter operating expenses from July 1, 2023 through September 30, 2023, the first fiscal quarter. For the rest of the 2023-2024 fiscal year, County will pay Santa Paula the $109,500 at the start of each fiscal quarter. All payments for fiscal year 2023-2024 will be made to Santa Paula for transfer to the Shelter Operator. At the end of each fiscal quarter, Santa Paula will submit to County a statement evidencing Santa Paula’s payment of appropriate amounts to Shelter Operator for that fiscal quarter. iii. Fiscal Year 2024-2025 Contribution. Matching the combined contributions of Fillmore and Santa Paula in fiscal year 2024-2025, County will pay Santa Paula the $108,000 at the start of each fiscal quarter. All payments for fiscal year 2024-2025 will be made to Santa Paula for transfer to the Shelter Operator. At the end of each fiscal quarter, Santa Paula will submit to County a statement evidencing Santa Paula’s payment of appropriate amounts to Shelter Operator for that fiscal quarter.
iv. For purposes of clarity, the following tables illustrate the payment schedule for fiscal years 2023-2023 and 2024-2025 in this subsection:

County Payment Due to
Santa Paula
July 1, 2023 Oct. 1, 2023 Jan. 1, 2024 April 1, 2024
Amount Due to Santa
Paula
$109,500 $109,500 $109,500 $109,500
Santa Paula Statement
Due to County
Sept. 30, 2023 Dec. 31, 2024 March 31,
2024
June 30, 2024
County Payment Due to
Santa Paula
July 1, 2024 Oct. 1, 2024 Jan. 1, 2025 April 1, 2025
Amount Due to Santa
Paula
$108,000 $108,000 $108,000 $108,000
Santa Paula Statement
Due to County
Sept. 30, 2024 Dec. 31, 2024 March 31,
2025
June 30, 2025
v. In recognition of the $1.5 million capital investment supplied by the City of Santa Paula, the County agrees to reserve, the sum of $750,000, representing 50% of the $1.5 million capital investment, to be held by the County as a reserve fund for the Shelter, to be used exclusively for the sustainable operation and maintenance of the Shelter (“Reserve”). Not later than thirty (30) days after a written draw from Santa Paula, the County will disburse monies from the Reserve. The County will disburse requested funds when it is shown there is insufficient revenue to pay unforeseen costs, including without limitation damage or repairs, that, if not paid 36 within a specified time, would prevent the operation of the Shelter in accordance with the objectives in this Agreement.
e. Additional Revenue
i. If the Shelter Operator receives grants in excess of $200,000 in a fiscal year for use in the operation and maintenance of the Shelter, 75% of the amount in excess of $200,000 shall be applied to the Shelter’s expenses off the top and Participating Cities and County’s respective financial contributions proportionally reduced. This provision shall be implemented so that Participating Cities and County benefit in proportion to their respective financial contributions.
ii. If Participating Cities or County (or any combination of the Parties) receive grants, for use in the operation and maintenance of the Shelter, such funds shall be applied to the Shelter’s expenses off the top and Participating Cities and County’s respective financial contributions proportionally reduced. This provision shall be implemented so that Participating Cities and County benefit in proportion to their respective financial contributions. Any proportional reduction in each party’s financial contribution made pursuant to this paragraph ii. will be made regardless of whether that additional revenue was individually or jointly pursued or awarded.
iii. Private donations directly given to the Shelter Operator, or a Party or any non-profit for the operation of the Shelter shall be deemed to be under the control of the recipient, which shall have sole discretion over its use. iv. Additionally, funds received by Participating Cities or County that have been historically awarded or allocated to each entity for other homeless-related programs or services, and which have not been identified for Shelter expenses, shall remain under the control of the recipient party, which shall have the sole discretion over the use of such funds.

2. PROGRAM OBJECTIVE AND PERFORMANCE
Participating Cities and County agree that the following are goals, practices and principles that shall govern the operation of the Shelter. The City of Santa Paula shall work with Shelter Operator to include such goals, practices, and principles in this Section 2 in its contract with the Shelter Operator.
a. Service Model
i. The Shelter Operator will provide a safe place for homeless individuals to stay and stabilize while partnering with service providers to develop a plan for safe, secure, and permanent housing. The primary purpose of the Shelter beyond temporary sheltering is to leverage community resources that will assist homeless individuals in quickly securing and moving into suitable permanent housing and in achieving long-term housing stability. ii. The Shelter Operator will participate in the Ventura County Continuum of Care’s coordinated entry system, Pathways to Home, and will enter all Shelter occupants into the Ventura County Homeless Management Information System. 37 iii. The Shelter Operator will operate and develop the appropriate individualized case plan for each Shelter occupant that is client-centered, culturally, and linguistically appropriate, trauma-informed, and sensitive to the wide ranges of needs of the Shelter occupants, with the goal to transition the Shelter occupant to stable and affordable housing. iv. The following competencies are integral parts of the program design and operation of the Shelter:
(1) Low-barrier access and services
(2) Housing first
(3) Harm reduction
(4) Trauma-informed care
(5) Client-centered
b. Program and Service Components
i. Participating Cities and County encourage the Shelter Operator to implement the following program objectives:
(1) Manage program resources, including reasonable pursuit of grants to offset financial contributions from the Parties to this Agreement, to achieve cost efficiencies and effectiveness and to facilitate services to as many Shelter occupants as feasible; (2) Expand the capacity to serve Shelter occupants by
facilitating the delivery of services of multiple service providers; and (3) Seek additional resources to augment emergency shelter and housing opportunities for Shelter occupants.
(4) Refer families with children to the County of Ventura Human Services Agency for alternative sheltering options such as CalWORKs Housing Support Program and other transitional housing options within one business day of admission to shelter. ii. Participating Cities and County encourage Shelter Operator to work with each Shelter occupant to create an individualized case plan and provide the resources to achieve such a plan toward securing housing. To achieve these objectives, Participating Cities and County encourage Shelter Operator to perform, at a minimum, the following services and functions:
(1) Connect Shelter occupants to needed resources (income, counseling, substance abuse, etc.) by;
(a) Developing personalized housing plan;
38 (b) Supporting Shelter occupants in managing their own lives within the scope of their resources and abilities; (c) Providing housing location and counseling services; (d) Establishing relationships with private and public
property owners and rental agencies;
(e) Assisting to provide permanent housing
opportunities to Shelter occupants; and
(f) Assisting with housing applications.
(2) The case management services shall include the
development of an individualized service plan based on needs, circumstances, and market conditions, focused on helping individuals find and keep stable housing and linkages to other community-based support services.
c. Reporting and Accountability Review
Participating Cities and County shall review the performance of the Shelter Operator at least quarterly to assess whether, using its best efforts, the following goals have been accomplished and/or maintained:
i. Maintain an overall occupancy rate at the Shelter of 70% of the total available bed capacity.
ii. Reduce the overall number of individuals experiencing unsheltered homelessness within the City of Santa Paula and the City of Fillmore. iii. Establish a goal of connecting at least 75% of the Shelter occupants with stable housing or “positive” exits to other acceptable living arrangements such as residential treatment, transitional housing, reuniting with relatives within 12 months. iv. Increase each Shelter occupant's income, including disability income and other public benefits for each participant.

3. TERM AND TERMINATION
a. The initial term of this Agreement shall begin on July 1, 2023, and expire on June 30, 2025 (“Initial Term”). On or before April 1, 2025, the Parties will meet and review Shelter Operator’s performance and discuss a potential future budget for the Shelter pursuant to Section 1 of this Agreement. No later than July 1, 2025, and every July 1 thereafter if the Agreement is extended beyond that Initial Term (“Anniversary Date”), this Agreement shall be renewed with any modifications by written agreement of the Parties, unless terminated as provided below. The Parties have no obligation to extend the Agreement beyond the Initial Term ending June 30, 2025 and any renewal or modification is contingent on the approval of the respective Parties’ governing bodies.
39 b. A Party may terminate its participation in the Agreement effective on an Anniversary Date by giving at least 120 days' written notice prior to the Anniversary Date to the other Parties, with or without cause. For the avoidance of doubt, no Party may terminate its participation before July 1, 2025.
c. If a Party’s participation in this Agreement is terminated in accordance with the terms herein, and the remaining Parties elect to extend the Agreement for an additional fiscal year (or other period), the costs incurred to operate the Shelter after the Party’s termination will be solely the remaining Parties’ responsibility. Termination of this Agreement will have no effect on the Parties’ obligations under this Agreement nor under any other agreement prior to the effective date of termination.

4. INDEMNITY AND INSURANCE AND HOLD HARMLESS PROVISIONS a. Since the City of Santa Paula is contracting with the Shelter Operator, and the Shelter Operator will have the primary responsibility for the Shelter operations, the City of Santa Paula will ensure that the Shelter Operator, at its sole cost and expense, obtain and maintain in full force during the term of this Agreement the following types of insurance:
i. General Liability "occurrence" coverage in the minimum amount of $2,000,000 combined single limit (CSL) bodily injury & property damage each occurrence and $4,000,000 aggregate, including personal injury, broad form property damage, products/completed operations, and broad form blanket contractual.
ii. Automobile Liability coverage in the minimum amount of $1,000,000 CSL bodily injury & property damage, including owned, non-owned, and hired automobiles. Also, to include uninsured/underinsured motorists coverage in the minimum amount of $100,000 when there are owned vehicles.
iii. Workers' Compensation coverage, in full compliance with California statutory requirements, for all employees of contractor and Employer's Liability in the minimum amount of $1,000,000.
b. All insurance required will be primary coverage as respects the Parties and any insurance or self-insurance maintained by the County and the City of Fillmore will be excess of the City of Santa Paula’s insurance coverage and will not contribute to it. c. The Parties are to be notified immediately if any aggregate insurance limit is exceeded. Additional coverage must be purchased to meet requirements. d. The County of Ventura, its boards, agencies, departments, districts, officers, employees, agents, and volunteers are to be named as Additional Insured as respects work done by the City of Santa Paula under the terms of this Agreement on all policies required (except Workers' Compensation).
e. The City of Fillmore, its council, boards, agencies, departments, districts, officers, employees, agents, and volunteers are to be named as Additional Insured as respects work Commented [MC1]: Pending county review. City has
requested insurance requirements apply to Spirit as operator and not to City. City has also requested City’s indemnity obligation exclude claims arising from shelter’s operation. 40 done by the City of Santa Paula under the terms of this Agreement on all policies required (except Workers' Compensation).
f. The City of Santa Paula agrees to waive all rights of subrogation against the City of Fillmore, the County of Ventura, their boards, agencies, departments, officers, employees, agents, and volunteers for losses arising from work performed by the City of Santa Paula under the terms of this Agreement as it pertains to Workers’ Compensation. g. Policies will not be canceled, non-renewed, or reduced in scope of coverage until after sixty (60) days written notice has been given to the County’s, Risk Management Division.
h. The City of Santa Paula agrees to provide all Parties with the following insurance documents on or before the effective date of this Agreement:
i. Certificates of Insurance for all required coverage. ii. Additional Insured endorsements.
iii. Waiver of Subrogation endorsements (a.k.a.: Waiver of Transfer Rights of Recovery Against Others, Waiver of Our Right to Recover from Others) as it pertains to Workers’ Compensation.
iv. Failure to provide these documents will be grounds for immediate termination or suspension of this Agreement. The City of Santa Paula’s obligation to provide evidence of insurance coverage may be wholly satisfied by providing a certificate of selfinsurance. i. The Participating Cities shall defend, indemnify and hold harmless the County, its Board of Supervisors, officers, directors, districts, agents, employees and volunteers from and against all demands, claims, actions, liabilities, losses, damages, and costs, including reasonable attorney’s fees, arising out of or resulting from the performance of the Agreement, caused in whole or in part by the grossly negligent or intentional acts or omissions of the Participating Cities, their officers, directors, agents, employees, or subcontractors. With respect to Santa Paula’s obligations under this paragraph, “performance of the Agreement” does not include Shelter Operator’s operation of the Shelter.
j. The County shall defend, indemnify, and hold harmless the Participating Cities, their officers, directors, districts, agents, employees, and subcontractors from and against all demands, claims, actions, liabilities, losses, damages and costs, including reasonable attorney’s fees, arising out of or resulting from the performance of the Agreement, caused in whole or in part by the grossly negligent or intentional acts or omissions of the County’s Board of Supervisors, officers, directors, agents, employees, or volunteers.
k. It is the intention of the Parties that the indemnity provisions of this section be interpreted to impose on each Party responsibility to the other for the acts and omissions of their respective officers, directors, agents, employees, volunteers. It is also the intention of the Parties that, where comparative fault is determined to have been contributory, principles of comparative 41 fault will be followed and each Party shall bear the proportionate cost of any damage attributable to the fault of that Party, its officers, directors, agents, employees, volunteers.

5. LEGAL COMPLIANCE
The Parties, in expending funds which will be used by Shelter Operator to operate the Shelter as contemplated in this Agreement, shall comply with all applicable federal, state, and local laws, regulations and ordinances.

6. GOVERNING LAW; JURISDICTION
This Agreement and all matters pertaining thereto will be construed and enforced according to the laws of the State of California. Any litigation or other court proceeding shall take place in the state or federal courts located in the State of California, and the Parties will accept the exclusive jurisdiction of these courts. Venue shall be in the County of Ventura, California.

7. NOT CONSTRUED AGAINST DRAFTER
This Agreement has been negotiated and prepared by the Parties and their respective counsel, and should any provision of this Agreement require judicial interpretation, the court interpreting or construing the provision shall not apply the rule of construction that a document is to be construed more strictly against one Party.

8. DISCLAIMER OF RELATIONSHIP
Nothing in this Agreement will be deemed or construed to create any relationship of principal and agent, limited or general partnership, joint venture, or any association among the Parties.

9. SEVERABILITY
If any provision of this Agreement shall be declared invalid, inoperative or unenforceable by a final judgment or decree of a court of competent jurisdiction such invalidity or unenforceability of such provision shall not affect the remaining parts of this Agreement which are hereby declared by the parties to be severable from any other part which is found by a court to be invalid or unenforceable.

10. DISPUTE RESOLUTION
If the Parties have a dispute that they are unable to resolve at the staff level, any of the Parties may escalate the dispute to the executive staff level (i.e., to the City Managers and the County Executive Officer) by submitting a signed and dated request for dispute resolution. If the City Managers and the County Executive Officer are unable to resolve the dispute, the item in dispute may be presented to the City Councils and the County Board of Supervisors for resolution.

11. ENTIRE AGREEMENT; AMENDMENT; WAIVER
42 Unless explicitly stated otherwise in this Agreement, this Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof. This Agreement can only be amended or modified in a writing signed by authorized representatives of each of the Parties.

All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Party to be charged.

12. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages of one or more counterpart copies may be removed from such counterpart copies and all attached to the same copy of this Agreement, which, with all attached signature pages, shall be deemed to be an original.
[Remainder of page intentionally left blank.]
43 WHEREFORE, the Parties have executed this Agreement as of the date first written above.

DATE:________________________

COUNTY OF VENTURA
DATE:______________________

CITY OF SANTA PAULA
_____________________________ ______________________________ Matt LaVere Dan Singer
Chair of the Board of Supervisors City Manager
ATTEST: ATTEST:
_____________________________ ______________________________ Deputy Clerk of the Board Julie Latshaw
County of Ventura City Clerk

APPROVED AS TO FORM APPROVED AS TO FORM
_____________________________ ______________________________ County Counsel Monica Castillo
County of Ventura Interim City Attorney
DATE:______________________

CITY OF FILLMORE
______________________________
Mark Austin
Mayor
ATTEST:
______________________________
David Rowlands
44 City Manager

APPROVED AS TO FORM
______________________________
Tiffany Israel
Interim City Attorney
45 EXHIBIT A
FY 2023-2024 Projected Operating Budget
[Attached behind]
46 Santa Paula Harvard Shelter Project Santa Paula – 49 beds Monthly
Notes
Executive Director ** Projected 8,708 Not included in current monthly budget
Second Case Manager ** Projected 4,333 Not included in current monthly budget
Grant Writer** Projected 4,000 Not included in current monthly budget
All Personnel – Current 36,639
Accounting –CPA 4,452
VCHMIS 125
(City pays these licenses,
recommend transferring to SPIRIT
Insurance 4,105
Professional fees - Audit 4,951
Licenses 338

PROGRAM AND FACILITY COSTS
Supplies 2,414
Equipment 6,021
Rent/Mortgage 0
Janitorial 225
Facility Repairs/Maintenance 1,940
Utilities/Trash/Phones/Internet/Cameras 6,336 Many cameras and gates eliminated need for nighttime security
Replacement cots, bedding 500
Security Guards – eliminated due to
good staffing and building security
0 Landscaping and grounds 200
Cooking supplies 100.

Meals, snacks, beverages 0
Vehicle Expense 2,634
Fundraising 1,200
Special Needs 1,200
Advertising 75
Total Current Monthly Budget 73,385
**Total Proposed Monthly Budget
with 3 new positions
$90,426
47 To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT
TO GOVERNMENT CODE § 54956.8
PROPERTY: 1435 EAST HARVARD (0.55 ACRES)
VENTURA COUNTY APN: 101026014
AGENCY NEGOTIATION: JAMES MASON, COMMUNITY AND

ECONOMIC DEVELOPMENT DIRECTOR
NEGOTIATING PARTIES: CITY OF SANTA PAULA AND BUCK DREW
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT
Date: July 19, 2023
Agenda Item: 6.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

BACKGROUND:

ANALYSIS:

STRATEGIC PLAN:

FISCAL IMPACTS:

OPTIONS:

ATTACHMENTS:
48

Santa Paula City CouncilJuly 19, 2023

Santa Paula City Council
July 19, 2023