Agenda packet, regular meeting — Santa Paula City Council, August 16, 2023 (part 1 of 2)

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, AUGUST 16, 2023
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 may 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.

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

7. PRESENTATIONS

7.A FINANCE DEPARTMENT QUARTERLY REPORT
RECOMMENDATION:

Staff recommends that the City Council receive and file the FY 2022/2023 Fourth Quarter Activity Report for the Finance Department.

7.B PUBLIC WORKS DEPARTMENT ACTIVITY REPORT: MARCH - JUNE 2023 RECOMMENDATION:

Staff recommends the City Council:

1. Receive and file the Public Works Department Activity Report for March - June 2023
In compliance with the Americans with Disabilities Act, if you need special assistance to 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

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 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 JUNE 2023 WARRANTS AND CERTIFICATIONS
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for June 2023, starting check number 334319 and ending check number 334633.

2. Review and accept the "Certification of Salaries" for the pay period ending dates June 2nd, 2023 through June 16th, 2023.

10.B JULY 2023 WARRANTS AND CERTIFICATIONS
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for July 2023, starting check number 334634 and ending check number 334905.

2. Review and accept the "Certification of Salaries" for the pay period ending dates June 30th, 2023 through July 14th, 2023.

10.C APPROVAL OF AN ALCOHOL BEVERAGE CONTROL (ABC) GRANT

RESOLUTION AND BUDGET APPROPRIATION
RECOMMENDATION:

Staff recommends City Council:

1. Approve Resolution No. 7477, authorizing the execution of an agreement between the City of Santa Paula and the Department of Alcohol Beverage Control (ABC); and

2. Approve a budget allocation of $28,108.48 in new revenue and matching expenditures from the California Alcohol Beverage Control (ABC) Fund 304 (ABC Enforcement Education), as noted in the Fiscal Impact section of this report.

10.D 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 City of Santa Paula - City Council - City Council Regular Meeting 4 Media Terms of Use Policy for all social media accounts established and maintained by the City.

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
Public comments
Close public hearing
Discussion and action

11.A PROJECT NO. 2022-CDP-01: REQUEST FOR ADOPTION OF
RESOLUTION NO. 7475 APPROVING TENTATIVE MAP NO. 6070; A

SUBDIVISION OF AN EXISTING LOT INTO TWO PARCELS FOR THE

NEW 'ARRIVE SANTA PAULA' (RED TAIL) APARTMENTS
RECOMMENDATION:

Staff recommends the City Council:

1. Find that the affordable housing project known as "Arrive Santa Paula", proposed by developer Red Tail Multifamily Land Development, LLC ("Red Tail") is not a project under State CEQA Guidelines, §15060(c)(1) because the project is permitted by-right and therefore involves no exercise of public agency discretion, or, alternatively, the project is statutorily exempt as a ministerial project under State CEQA Guidelines, §15268(a); and

2. Adopt Resolution No. 7475 approving Tentative Map No. 6070, subdividing the existing lot into two parcels to allow for the development of 298 new apartment units (166 Affordable units on Parcel 1 & 132 Market-Rate units on Parcel 2) subject to the project’s conditions of approval.

Presented by: Tom Tarantino, Planning & Economic Development Manager

12. ACTION ITEMS

12.A AGREEMENT WITH THE SANTA PAULA UNIFIED SCHOOL DISTRICT

FOR AFTER SCHOOL YOUTH SPORTS PROGRAM AND ADOPTION OF
RESOLUTION NO. 7476 APPROVING A CHANGE TO THE

DEPARTMENT'S POSITION CONTROL LIST
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to enter into a three-year Agreement with the Santa Paula Unified School District for After School Youth Sports Program.

2. Recognize $303,500 in new revenue and $303,500 in new expenditures in City of Santa Paula - City Council - City Council Regular Meeting 5 the General Fund.

3. Adopt Resolution No. 7476 amending the City's adopted FY 23-25 Position Control List.

Presented by: Gregory Barnes, Parks & Recreation Director

12.B 2023 VENTURA COUNTY STORMWATER PERMIT IMPLEMENTATION

AND COST-SHARING AGREEMENT
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute the 2023 Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement to Fund the Ventura Countywide Stormwater Quality Management Program.

Presented by:

Clete J. Saunier, Public Works Director
Gerhardt Hubner, MKN & Associates

12.C FINANCING AGREEMENT FOR ADVANCED WATER TREATMENT

FACILITY
RECOMMENDATION:

Staff recommends that the City Council, sitting as the City Council of the City and the Board of Directors of the Santa Paula Utility Authority:

1. Receive and file the Wastewater System Chloride Source Identification Study Update; and

2. Adopt Resolution No. 7474 authorizing each of the Executive Director and Chair and their written designees to execute and deliver the Financing Agreement in the name of and on behalf of the Utility Authority for the final development and construction of the Advanced Water Treatment Facility.

Presented by:

Clete J. Saunier, Public Works Director
Eileen Shields, MKN & Associates

12.D CONSIDERATION OF THE SELECTION OF AN EXECUTIVE RECRUITER

FOR THE CHIEF OF POLICE SEARCH
RECOMMENDATION:

Staff recommends that the City Council:
(1) Provide direction on the selection of Bob Murray & Associates to lead the recruitment process for a permanent Chief of Police.

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

13. ITEMS FOR FUTURE AGENDAS

13.A FUTURE AGENDA ITEMS
RECOMMENDATION:

Staff recommends City Council Review Future Agenda Items.

Presented by: Dan Singer, City Manager

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 7 To: Honorable Mayor and Members of the City Council
From: Christy Ramirez, Finance Director
Subject: FINANCE DEPARTMENT QUARTERLY REPORT
Date: August 16, 2023
Agenda Item: 7.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council receive and file the FY 2022/2023 Fourth Quarter Activity Report for the Finance Department.

BACKGROUND:

Accounts Receivable
Finance prepares invoices and receipts funds for various types of payments due to the City, including monthly Transient Occupancy Tax and rents for City-owned property. During the fourth quarter of the fiscal year, billing for COBRA (continuation of health coverage), special events and permits, and other miscellaneous items occurred. Staff also followed up on outstanding receivables including Transient Occupancy Tax payments and rental income from City properties.

Accounts Payable
Finance processes disbursements to cover financial commitments of the City, maintains files for all City payments to vendors and contractors, and issues business license and utility deposit refunds. In the fourth quarter of the 22/23 Fiscal Year, accounts payable staff processed 2,651 invoices totaling over six million dollars, primarily due to nearly $6 million in bond payments for interest and principal payments on multiple bonds.

Purchasing
Staff continues to work with various departments to issue requests for proposals, assist in purchasing of materials, and processing purchase orders and requisitions. Fifty-three purchase orders were created between April and June 2022 totaling over $1.2 million.

Business and Dog Licenses
On January 1, 2023 the Business License tax payment period began for the calendar year and are deemed as delinquent as of February 10, 2023. These licenses will be in effect until December 31, 2023. Finance staff continues to work through their busiest time of year for 8 business licenses, processing hundreds of payments, following up on missing items, and fielding hundreds of calls monthly. Staff was able to send out renewal notices in late 2022 and as such provide a quicker turn around on license renewals this year.

Utility Billing
Staff continues to provide timely communication to residents regarding utility billing and any potential shutoffs, in line with the Senate Bill 998 requirements, including additional noticing to both the customer on file as well as residents (if different). Shutoff trends are in line with, or lower than, what was experienced prior to the pandemic.

MISCELLANEOUS
In the fourth quarter of the 22/23 Fiscal Year, Finance staff has:

Completed the two year budget process.

Transitioned a team member, Wendy Morris, from an Accounting Specialist to an Accountant
Began recruitment for an Accounting Specialist and Customer Service Representative position
Assisted with labor negotiations
Completed quarterly reporting to the federal and state government.

ANALYSIS:

STRATEGIC PLAN:

This item is not a goal or objective in the City Council's two-year Strategic Plan, however it is beneficial to the public to be transparent about activities occurring in the City's Finance Department.

FISCAL IMPACTS:

None
OPTIONS:

Council may:

1. Receive and file the quarterly department report.

2. Request further information from City staff.

ATTACHMENTS:
9 CITY OF SANTA PAULA

MEMORANDUM
To: Honorable Mayor and Members of the City Council
From: Clete J. Saunier, Public Works Director
Subject: PUBLIC WORKS DEPARTMENT ACTIVITY REPORT
MARCH – JUNE 2023
Date: August 16, 2023
Agenda Item:

RECOMMENDATION:

Staff recommends that the City Council:

1. Receive and file the Public Works Department Report for March – June 2023.

Presented by: Clete J. Saunier, Public Works Director
CAPITAL IMPROVEMENT PROGRAM (PROJECT ACTIVITY):

FY 2023 - 2024 Citywide Street Maintenance Program
The Street Maintenance Program is a critically integral component of the Pavement Management Program and consists of applying crack seals, rejuvenator seals, and microsurfacing to maintain and extend the service life of City streets.

The Harvard Boulevard project features street improvements that include a structural overlay of the existing section of Harvard between Peck Road and 10th Street, following the completion of extensive water and sewer replacement efforts that will significantly disrupt the existing roadway pavement. In addition to the structural overlay of the project area, improvements to sidewalks and curb ramps are proposed along the entire length of the Harvard Boulevard project area.

Due to the extensive and costly improvements necessary to complete the Harvard Boulevard project, it is anticipated that the paving portion of this project may constitute the only Citywide paving planned for FY 23/24. This is consistent with the City’s Pavement Management Program.

Harvard Boulevard Street/Sewer/Water Improvement Project The project will improve 1.7 miles of Harvard Boulevard from Peck Road to 10th Street. The project scope includes street improvements for this section of Harvard Boulevard, which include 750,000 SF of pavement, curb ramp reconstruction, and replacement of 9,000 LF of 12” water main and 8,000 Lf of 24” sewer main. The project is currently under construction, 10 with portions of project sewer main from the south end of Acacia to Steckel complete. Project water system construction is currently commencing. Construction progress updates and critical project notifications (e.g., road closures) are available at the City’s dedicated website:
www.harvardblvdproject.com
Crosstown Pipeline Project
The project scope will provide a large diameter pipeline to link the wellfield and completed west side reservoir to the main reservoir on 10th Street. The Water Enterprise Fund will fund the project estimated to cost $6.7M. The project is currently in final design.

Peck Road Waterline Repair Project
The project will replace a damaged section of City water main located under a portion of the Peck Road Drain and adjacent to Ventura County railroad right of way. The project anticipates a jack-and-bore style of pipe installation to avoid damage to the box-culvert Drain facility, owned by Ventura County Watershed Protection District.

Mesa Tanks Replacement Project
Construction of the project to replace the two aging aboveground steel water tanks with two new water storage tanks is currently underway. Demolition of portions of the site, subsurface piping, and retaining wall construction are complete, and construction of the tank foundations are preparing to start. The project will improve water system condition and reliability, and address State regulatory compliance.

Peck/Calpipe Road Extension Project
The project entails the extension of Peck Road south of its intersection with Corporation Street and the easterly extension of Calpipe Road from its intersection with Corporation Alley, to a knuckle where eastbound Calpipe transitions to northbound Peck. The purpose of the project is to improve access to industrial properties located west of Corporation Alley, as well as to the City’s Wastewater Reclamation Facility (WRF) and associated facilities.

Current access to these properties requires truck traffic to navigate the Corporation Street/Corporation Alley intersection, which has limited clearances for multi-axle vehicles, as well as Corporation Alley, which does not meet City commercial and industrial access width requirements. Todd Lane is a private street, which has insufficient horizontal and vertical clearances at undercrossing SR126 and does not serve as a formal secondary access to the industrial properties in the area south of SR126. The project will formalize access, improve drainage system capacity in the area, and allow for the installation of additional potable water supply piping to improve water system capacity and resilience.

FEMA Floodplain Management Projects
A substantial portion of the City is influenced by flood hazard areas identified by the Federal Emergency Management Agency (FEMA). The areas of flood hazard are mapped on Flood Insurance Rate Map (FIRM) panels that are used by City and FEMA regulators and insurance companies to determine which properties in the City are required to purchase flood insurance. These FIRM panels are updated at intervals as new or updated flood information becomes available. Earlier in 2021, FEMA completed a County-wide flood restudy, which resulted in the release of updated flood maps. These preliminary maps presented significant changes to areas of flood hazard in multiple portions of the City, which would have resulted in 600 or more properties being added to the flood hazard boundary 11 unless appealed by the City. City staff worked in tandem with Ventura County Watershed Protection District (County) staff to review the technical studies and mapping and filed an appeal with FEMA. FEMA reviewed the technical data provided, but the lack of an approved maintenance plan by County resulted in the sustaining of the original studies, with the understanding that applications for Letters of Map Revision (LOMRs) could be provided to address specific areas of concern. Updated FEMA flood maps are expected to become effective at the end of October 2023, with the understanding of the following actions on the City’s part:

1. The City, working in conjunction with the East Area 1 development team, has prepared a LOMR for Santa Paula Creek to address revisions for this watercourse, which is currently under review by FEMA. The LOMR, once approved will clarify specific areas of flooding concern, particularly west of Santa Paula Creek, and will largely eliminate the A99 zone designations that currently require property owners to purchase flood insurance. The flood zone designation also adds cost and complexity to the development process, which can include homeowners seeking to make property improvements, including accessory dwelling units (ADUs), as well as commercial business owners planning to expand or redevelop their current properties.

2. The City plans to pursue an improved study for urban portions of the City influenced by Fagan and Adams Canyon and the Peck Road Drain and related overflow drainage and flooding, with associated re-mapping. This updated mapping would then be coordinated with FEMA representatives to address necessary corrections to outdated flood designations and provide relief to property owners where appropriate.

3. The City plans to update the current floodplain management and development process to communicate hazards and development requirements for projects located in currently established flood hazard areas. These activities will include an update of the City’s Municipal Code and associated provisions that address floodplain development and associated regulation. The intent of this process is to ensure the City’s current floodplain management process complies with FEMA requirements in the interim while the current appeal process is completed. The City Municipal Code updates are currently under review by FEMA and will be presented to City Council for approval September 6, 2023.

4. The City’s Public Works engineering staff plan to engage the State Department of Water Resources to review the requirements and process for joining the FEMA Community Rating System (CRS) program. This program recognizes communities who are actively involved in improving their floodplain management measures similar to those noted above. The program, once implemented, provides discounted insurance premiums for required flood policies, reducing the financial burden associated with property ownership in flood prone portions of the City.

5. The City plans to update its Master Plan of Drainage to address current areas of drainage issues, flood hazards and associated facility improvement recommendations with cost estimates and priority recommendations. The prior Master Plan was last updated in 2008, and is outdated relative to areas of deficiency, 12 cost estimates and changes in City corporate boundaries. Recommendations may include findings from the Fagan/Adams/Peck Road flood study to improve these facilities to mitigate current contributions to flood hazards due to inadequacies in these facilities. The RFP is expected to be released in the Fall of 2023. American Rescue Plan Act (ARPA) funding in the amount of $150,000 allocated by the City Council on July 7, 2021 may be used to support this effort.

Water Recycling Facility Advanced Water Treatment Facility Project The project scope includes design and procurement for an Advanced Water Treatment Facility (reverse osmosis process) to manage the City’s effluent chloride levels. The facility will be located northeast of and immediately adjacent to the WRF. The estimated total project cost is $20.34M (including design, construction, and construction contingency).

The City applied for a low-interest loan from Clean Water State Revolving Fund (CWSRF) through the State Water Board Division of Financial Assistance (DFA). Per direction from City Council (Feb 15, 2023), City staff continued pursuing finalization of the CWSRF loan for the project, and performed sampling of wastewater collections system to determine whether chlorides can be further reduced in the collection system to either eliminate the need for the AWTF Project or reduce the size of the AWTF. The outcome of the Chloride Source Identification Study, will determine the AWTF Project outcome.

The next step involves City Council consideration of the final CWSRF Loan, scheduled for presentation to Council at its August 16, 2023 regular meeting. City staff will present an update on the Chloride Study to City Council at that time. City staff continues to communicate status updates regarding the AWTF project, Chloride Study and permit compliance with the Los Angeles Regional Water Quality Control Board.

Water Recycling Facility Blower Repairs
The four aeration blowers, which are used to promote aerobic digestion of activated sludge, have been experiencing intermittent failures for over a year and a half. The blowers, which were originally installed during construction of the WRF (completed 2010), are reaching the end of their useful life. The City is developing a prioritized blower replacement program as a CIP project that will be recommended as an integral part of the Wastewater Master Plan currently underway.

Water Recycling Facility Reaction Ammonia Analyzers Replacement The project will consist of adding ammonia analyzers to the three aerobic basins and modifying the control system to control the blower speed to produce a targeted, low ammonia concentration. Currently the process operates under manual control. This results in excess power consumption and excess greenhouse gas emissions, including ammonia into the atmosphere. VCAPCD staff has agreed this project will reduce pollutant and greenhouse gas emissions and has agreed to allow the City to offset its outstanding NOV settlement agreement costs with the equivalent in-kind costs for this project contingent upon its completion by December 2023. The estimated project cost including engineering design and construction is approximately $140,000. Funding for this project was allocated at the March 1, 2023 City Council Meeting. Design is underway and VRSD operations staff should be able to perform the installation work.
13 Wastewater Master Plan
Last March, the City authorized MKN & Associates to proceed with preparation of an updated Wastewater Master Plan. The City’s last Wastewater Master Plan update was completed in 2012 and did not include an evaluation of the WRF to serve existing and ultimate influent flow capacity. MKN is currently preparing an update to the 2012 plan, which includes development of a hydraulic model and evaluation of the Water Reclamation Facility, including hydraulic capacity, treatment capacity, and condition assessment.

Project Schedule:

Draft Capital Improvement Plan December 2023
Draft Wastewater Master Plan January 2024
Final Wastewater Master Plan March 2024
DIVISION PERFORMANCE REPORTS:

Permit Review / Approval / Inspection
Staff reviewed, approved and inspected the following permit applications for various utilities, companies and contractors:

Utility Encroachment Permits
Issued Inspected
SCE: 18 11
SCG: 9 8
Frontier: 4 1
Charter: 4 2
CalNRG: 1 1
City Water: 0 6
City Sewer: 1 4
Total: 37 33
Other Permits
Roll-off Bin: 15
Oversize Transportation: 24
Fire Flow Test: 9
Administration & Engineering Division:

Recruitment:

Christopher Ramirez was hired as an Administrative Analyst I working in the Public Works Administration and Engineering Division. His start date was May 22, 2023.

Noel Medina was hired as an Administrative Analyst I working in the Public Works Administration and Engineering Division. His start date was June 19, 2023. 14 Water Division:

CATEGORY MAR APR MAY JUN
Total Potable Water Produced (MG) 73 89 102 104
Water Quality Samples 42 42 52 42
Main, Service & Meter Leak Repairs 9 12 13 13
Water Service Requests Addressed 21 19 21 31
USA Dig-Alert Tickets 124 106 110 104
Meter Profiles / Readings 2 / 8258 5 / 8344 4 / 8267 0 / 8215 Meter Installations & Replacements 5 20 5 31
Meter Tags and Lock-Offs* 123 168 141 205
Council adopted the new Water System Operator (WSO) position classification June 21, 2023 replacing the Water Distribution and Water Treatment and Production classifications.

The WSO career track merges the two position classifications and allows employees to further advance their knowledge, experience, and education in the field while also providing career growth opportunities. The WSO classification will address employee retention issues and add additional support for the Water Division’s Treatment and Production operations.

The Water Division processed 1,853 work orders utilizing the Maintstar Asset Management and Work Order System and now includes the mapping and recording of all water leaks and repairs, the meter exchange program, water quality sampling, and daily site inspections of all City assets, including supply wells, booster stations, water storage facilities, and other significant assets.
• Alejandro Minero (WSO I) passed the SWRCB Water Distribution Grade I exam and is now awaiting certification.
• Nick Lane (WSO III) received the SWRCB Grade IV Water Distribution Certification and qualified for promotion to WSO IV.

Wastewater Division:

The Water Recycling Facility (WRF) continues to run smoothly and systems are functioning normally. Ventura Regional Sanitation District (VRSD) took over contract operation of the WRF on April 17, 2021 and has provided improved operation of the WRF. VRSD has continued to perform routine maintenance and repairs to all facility systems. All regulatory requirements are being met and all critical equipment alarms, facility alarms and emergency response systems have been continuously monitored.

Referencing the table below, the average composite chloride concentration in the treated effluent and surrounding groundwater monitoring wells has showed a slight increase over the last four months. Prior to this recent trend, the treated effluent remained below the Regional Board’s maximum allowable chloride concentration of 110 mg/L from August 2021 15 through October 2022. MKN and VRSD completed an initial chloride source study to investigate possible reasons for the improved concentration readings and presented the conclusions to Council in November 2022. City Council directed staff to evaluate the potential to extend the Cease and Desist Order and defer executing the CWSRF loan for the AWTF project in order to continue investigating chlorides in the collection system. At the February 15, 2023 City Council Meeting, City staff presented two primary options for addressing chlorides: 1) developing a more thorough chloride source identification study to examine whether chlorides can be further reduced and controlled in the collection system, or 2) continuation with the existing AWTF Project as currently designed. City Council directed staff to pursue the first option. This is currently underway. See further discussion for the Water Recycling Facility Advanced Water Treatment Facility Project under the Capital Improvement Program section of this report.

Volumes and chloride concentrations for effluent and groundwater between March 2023 and June 2023 are summarized in the table below. As previously noted, although the recent trend is above the Regional Board limit of 110 mg/L, the WRF effluent chloride concentrations are still well below historical levels. This trend for the treated effluent has generally correlated with the trend for groundwater chlorides.

CATEGORY MAR APR MAY JUN
Total Raw Wastewater Received in Millions of
Gallons (MG)* 66.3 56.6** 67.1** 64.7**
Total Treated Effluent Discharged to Percolation
Ponds (MG) 67.3 56.8 55.7 53.4
Total Reused Water Used Within Facility Process
(MG) 1.01 1.99 1.91 1.67
Total Biosolids Transported to Permitted Disposal
Facility (Tons) 344.2 291.2 354.2 342.1
Treated Effluent: Avg. Composite Chloride
Concentration (mg/L) 116 121 120.8 121.7
Groundwater Monitoring Wells: Average,
Composite Chloride Concentration (mg/L) 118 116 122 118 ∗ Due to hydrologic factors resulting from the design of the WRF influent headworks, the influent flow meter experiences more turbulence than the effluent flow meter. Effluent flow meter reading accuracy has been verified.
** The influent flowmeter was intermittently out of service; a replacement flow meter was installed in June.

Fleet Division:

The Fleet Division conducted 217 inspection, repair and maintenance service orders addressing 86 on-road and off-road vehicles. Some vehicles were assigned more than one service order from March 1st, 2023 through June 30th, 2023.

The Fleet Division also took delivery of one new Police Department Animal Control vehicle and one electric cart for the Parks and Recreation Department. 16 The flood damage to the fleet division office is in the last stages of being completed.

Replacement of flooring and dry wall was needed due to the January storm that brought flooding into to the shop and office area. Additional upgrades to the office area included new paint, window treatments and rewiring of all phone lines and communication cables.

Annual CARB emission tests (smog) are currently being conducted for all vehicles.

Vehicle service order activity for March 2023 through June 2023 is provide below:

DEPARTMENT VEHICLES SERVICED SERVICE ORDERS
Police 33 95
Public Works 34 67
Parks & Recreation 16 42
Community Development 2 11
Information Technology 1 2
TOTAL 86 217
Streets Division:

CATEGORY MAR APR MAY JUN TOTAL
Street Sweeping Mileage 174 208 198 215 795
Potholes Repaired (Tons) 289
(12.5)
154
(10.5)
237
(10.5)
197
(10.5) 877 (44)
Curb Painting (LF) 78 27 75 65 245
Banners Setup 7 37 6 5 55
Permitted Event Setup 2 6 7 2 17
Camps / Dumpsites Removed 9 7 11 15 42
Hazmat Call Outs 3 0 0 0 3
Carcass Removal 2 2 2 1 7
Stormwater Systems Cleaned 10 3 5 3 21
Traffic Sign Installations 17 14 19 27 77
Road Closures 0 0 0 0 0
Sidewalks Repaired (LF) 0 0 1 2 3
USA Markings: Sewer & Signals 123 129 107 112 471
Solid Waste Division:

Waste Collection Services:

Athens continues to provide solid waste collection and hauling services in accordance with their new franchise agreement. From January 2023 to May 2023, Athens collected 8,062 17 tons of solid waste and 4,540 tons of recycling and organics waste. Recycling and organics waste totals do not include third-party diversion tonnage.

New Solid Waste Franchise Agreement:

From January 2023 through June 2023, Athens Services implemented the new Solid Waste Franchise Agreement in Santa Paula. They continued to educate and inform customers on the new organics programs. In Q2 of 2023, Athens mailed a Spring newsletter with information on organic waste, new carts and holiday scheduling. In addition to the residential outreach efforts, Athens did site visits to the commercial customers with materials and resources to encourage participation in the organics program and increase diversion. Athens completed delivery of the new service carts with the following State mandated colors: Trash – Black, Recycle – Blue, Organics – Green. Additionally, Athens has been introducing a new fleet of collection vehicles in the City and their Outreach team has been on the ground visiting businesses and multi-family properties to educate them on the SB 1383 Organics Recycling program.

The SB 1383 2022 Annual Report was filed in compliance with CalRecycle regulations.

Some notable statistics include:

Commercial Accounts: 394
Green Waste / Organics: 18 (most have 3rd-party landscaping contractors) Food Waste: 123
Multi-Family Accounts: 103
Green Waste / Organics: 94
The City distributed 50 tons of compost in 2022.

Energy Efficiency Program
SOLAR ENERGY: SoCalREN is recommending the following energy efficiency options: 1) rooftop solar panels, 2) carport solar panels, or 3) a combination of options 1 and 2. The total installation cost is estimated at $510,000, but needs to be updated. A structural analysis will be required prior to determining final project costs. The current budget has no available funding for this project. Up to $3 million is available from Water Bond proceeds as an optional funding source, but only for projects that directly benefit the Water Enterprise.

EV CHARGING STATIONS: As previously reported, SoCalREN has recommended two sites for the installation of Electric Vehicle Charging Stations (EVCS).  Main Street from 8th Street to 10th Street (Downtown Strip)  Parking Lot on south side of Main Street behind PWD office Both sites would provide 20 EVCS at a preliminary estimated cost of $400,000. Under Southern California Edison’s (SCE) Charge Ready Program, up to $320,000 of funding is available upon meeting qualifications, including a required City match of $60,000. 18 Over that last several months, the City worked with Ventura Energy (VE) a private for-profit renewable energy developer for EV charging stations. VE submitted an EVCS grant application to the California Energy Commission (CEC) to install five (5) dual charging stations and funding was approved by the CEC. A total of 10 vehicle spaces were proposed to connect to five dual chargers at a given time. The two locations were Veteran’s Park parking lot (next to the post office) and adjacent to the Main Street south alleyway parking lot near the Green Street pass-through. Although VE indicated the City would not have been required to provide matching funding for the installation of the EVCS equipment, it was unclear whether the City would have been responsible for funding the costs for constructing the service connection and related SCE infrastructure leading to the EVCS equipment. It was also unclear whether VE would accept certain permit requirements the City would require, including the ability to remove the equipment in the future (without penalty or cost) should the City’s plans change for the proposed location(s) and/or advancements in EVCS technology rendered the proposed system obsolete resulting in limited use by the public.

Staff requested an extension to the grant project to vet the City’s concerns and was informed that the CEC would not be able to do so. Moving forward, staff recommends Council be presented with other grant funding options that are currently available through a variety of contractors rather than limit selection to a single contractor. Public Works is currently researching other available EVCS grant funding options and contractors and will be presenting them to Council in the near future.

Asset Management System
Staff is currently working with MKN and VRSD to ramp up the Maintstar Asset Management and Work Order System at the Water Recycling Facility. The objective is to ensure the smooth functioning of the Maintstar program at the facility and explore any modifications required to improve the program's care and maintenance recording schedule. The process will lead to the elimination of outdated work order processes for replaced and/or upgraded assets while incorporating new programming and related standard maintenance procedures.

Staff will continue to evaluate and monitor progress.
19 To: Honorable Mayor and Members of the City Council
From: Beatriz Jimenez, Assistant Finance Director
Subject: JUNE 2023 WARRANTS AND CERTIFICATIONS
Date: August 16, 2023
Agenda Item: 10.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for June 2023, starting check number 334319 and ending check number 334633.

2. Review and accept the "Certification of Salaries" for the pay period ending dates June 2nd, 2023 through June 16th, 2023.

BACKGROUND:

This staff report certifies the separation of duties between the Preparer (Accounting and Payroll Specialist) and the Reviewer (Finance Director and Assistant Finance Director).

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 amount and funds accounts payable came from.

The "Check Report" depicts the following columns:
c) AP-ACCOUNTS PAYABLE for the vendors (non-City staff) by the vendor number, vendor name, payment date, payment amount and check number (entitled 'number'). d) PY-PAYROLL for benefit payments, insurance, retirement, etc. Benefits payable on behalf of City staff.
e) Bank Code Summary by payment type.
f) Fund Summary by fund the accounts payables utilized. 20 CERTIFICATION OF SALARIES
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 June 2nd, 2023 through June 16th, 2023.

ANALYSIS:

See the attachments for expense breakdown by respective fund.

STRATEGIC PLAN:

None.

FISCAL IMPACTS:

None.

OPTIONS:

1. Receive and file June 2023 Certifications of Accounts Payable Checks and Certifications of Salaries.

ATTACHMENTS:

JUNE 2023 WARRANTS AND CERTIFICATIONS.pdf
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59 To: Honorable Mayor and Members of the City Council
From: Beatriz Jimenez, Assistant Finance Director
Subject: JULY 2023 WARRANTS AND CERTIFICATIONS
Date: August 16, 2023
Agenda Item: 10.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for July 2023, starting check number 334634 and ending check number 334905.

2. Review and accept the "Certification of Salaries" for the pay period ending dates June 30th, 2023 through July 14th, 2023.

BACKGROUND:

This staff report certifies the separation of duties between the Preparer (Accounting and Payroll Specialist) and the Reviewer (Finance Director and Assistant Finance Director).

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 amount and funds accounts payable came from.

The "Check Report" depicts the following columns:
c) AP-ACCOUNTS PAYABLE for the vendors (non-City staff) by the vendor number, vendor name, payment date, payment amount and check number (entitled 'number'). d) PY-PAYROLL for benefit payments, insurance, retirement, etc. Benefits payable on behalf of City staff.
e) Bank Code Summary by payment type.
f) Fund Summary by fund the accounts payables utilized. 60 CERTIFICATION OF SALARIES
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 June 30th, 2023 through July 14th, 2023.

ANALYSIS:

See the attachments for expense breakdown by respective fund.

STRATEGIC PLAN:

None.

FISCAL IMPACTS:

None.

OPTIONS:

1. Receive and file July 2023 Certifications of Accounts Payable Checks and Certifications of Salaries.

ATTACHMENTS:

JULY 2023 WARRANTS AND CERTIFICATIONS.pdf
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To: Honorable Mayor and Members of the City Council
From: Donald Aguilar, Interim Police Chief
Subject: APPROVAL OF AN ALCOHOL BEVERAGE CONTROL (ABC) GRANT

RESOLUTION AND BUDGET APPROPRIATION
Date: August 16, 2023
Agenda Item: 10.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Approve Resolution No. 7477, authorizing the execution of an agreement between the City of Santa Paula and the Department of Alcohol Beverage Control (ABC); and

BACKGROUND:

On April 3, 2023, the City of Santa Paula Police Department applied for a Department of Alcohol Beverage Control (ABC) Alcohol Policing Partnership (APP) Grant to help reduce youth access to alcohol and increase safety in Santa Paula.

On July 5, 2023, ABC awarded the City of Santa Paula a grant (Exhibit A) in the amount of $28,108.48 to execute operations and programs to support the ABC grant objectives.

ANALYSIS:

Some common goals and objectives of receiving an ABC grant include:

Promoting Responsible Beverage Service
Preventing Underage Drinking
Reducing Alcohol-Related Harms
Enhancing Enforcement Efforts
Supporting Community Programs
Data Collection and Analysis
Collaboration and Partnerships
Educational Initiatives
Compliance and Training: The grant may focus on assisting licensees in meeting legal requirements and providing training to ensure they understand their responsibilities 93 under the law.

Total Grant Amount: $28,108.48
A resolution and agreement with the City, attached as Resolution No. 7477, are required by ABC. No matching funds are required on behalf of the City. This item is being presented to the Council to request recognition of new revenue and matching expenditures as outlined in the fiscal impact section of this staff report.

STRATEGIC PLAN:

While this item is not an objective in City Council’s two-year Strategic Plan, approval of this item supports Council's goal in Section E. Public Safety & Emergency Preparedness, by creating 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.

FISCAL IMPACTS:

A new budget allocation of $28,108.48 in revenue and matching expenditures is needed.

The following budget adjustment is recommended:

Account Description
Debit (Increase
Expense)
Credit (Increase
Revenue)
304-5-4501-209 Grant Expenses $28,108.48
304-4-4501-4277 Grant Revenue $$28,108.48
OPTIONS:

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

1. Decline to approve staff's recommendation. If this item is not approved by Council, staff will not have the necessary funding to move forward with alcohol related programs in the community, thereby forfeiting the awarded grants funds; or

2. Provide staff with alternate direction.

ATTACHMENTS:

Exhibit A Resolution and Grant Agreement.pdf
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To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: RESOLUTION ADOPTING SOCIAL MEDIA TERMS OF USE POLICY Date: August 16, 2023
Agenda Item: 10.D

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.

On July 19, 2023, staff brought a version of the proposed Terms to Council for consideration.

After questions and discussion, Council directed staff to discuss the Terms of the Policy with the ad hoc Communications Committee ("Committee") and make a modification to the Amendments section of the policy, which stated in part, "These Terms may be updated or amended at any time by the City Manager or his/her designee without notice." Council directed staff to change the language to ensure Council and the public are notified if such changes are made in the future.

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 115
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.

Per Council's direction on July 19, 2023, the Committee met on August 1, 2023 and reviewed the Terms. The Terms and proposed changes to the Amendments section, after discussion with Counsel, were shared with the Committee. After discussion, the Committee agreed to the updated language of the Terms which now read in part: "These Terms may be updated or amended at any time by the City Manager with notice to the City Council and public before such updates or amendments take effect."
With Council's approval, the Terms will be placed on all City social media sites established and maintained by the City. Users, by accessing our social media sites and the content provided within, agree to our Terms of Use. For transparency, the Terms will also be shared on our City website.

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 placing these social media disclaimers on the City's various social media platforms. However, 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 116
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 16th day of August 2023.
________________________________________
Mayor Sobel, Mayor
ATTEST:
______________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
__________________________________
Monica Castillo, Interim City Attorney
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CITY OF SANTA PAULA

SOCIAL MEDIA TERMS OF USE
Effective Date: August 16, 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
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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.

2. Notice of Limited Public Forum. The City’s Posts on Social Media Sites may entail communications directed to provide information to the members of the public regarding the City and neighboring communities, subject to the provisions of these Terms. By facilitating such communication, however, the City does not intend to create a designated public forum on any City Social Media Account page, Post, or comment. Accordingly, the City establishes its Social Media Accounts, Posts, and comments as limited public fora. The City reserves the right to change the character of its limited public fora into non-public fora for any reason.

3. City Responses to Posts. City personnel authorized by the City Manager to maintain a City Social Media Account may, but are not required to, respond to comments or Posts through a City Social Media Account to the extent that such content relates to City business. Postings from the public which ask fact-specific questions, or are a request for information, may be directed to the relevant department head at the City for appropriate response. However, if the comment or question posed violates these Terms or any applicable law, the comment shall be hidden or removed consistent with the provisions of these Terms.

4. No Legal Notice or Public Comment. No communications made with the City through any City Social Media Account shall be deemed to constitute public comment or legal notice to the City or any of its agencies, officers, employees, agents, or representatives where notice to the City is required or permitted by any Federal, State, or local law, rule, or regulation. Any such comment or notice shall be submitted to the City as ordinarily prescribed, and not through a City Social Media Account. You can find contact information for the City department relevant to your inquiry or comment by visiting the City website.

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
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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
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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.

Privacy: To protect your personal privacy and the privacy of other persons, please do not include identifiable or sensitive information in your Posts, such as Social Security numbers, phone numbers, or addresses.

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.

Release of Liability: By accessing a City Social Media Account, you agree to release the City (its agencies, officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute involving the posting of comments to or any other content on this site. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Amendments: These Terms may be updated or amended at any time by the City Manager or his/her designee with notice to the City Council and public before such updates or amendments take effect. It is your responsibility to revisit the Terms, as may be amended, each time you access a City Social Media Account.

EXHIBIT A
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To: Honorable Mayor and Members of the City Council
From: Tom Tarantino, Planning & Economic Development Manager Subject: PROJECT NO. 2022-CDP-01: REQUEST FOR ADOPTION OF RESOLUTION NO. 7475 APPROVING TENTATIVE MAP NO. 6070; A

SUBDIVISION OF AN EXISTING LOT INTO TWO PARCELS FOR THE

NEW 'ARRIVE SANTA PAULA' (RED TAIL) APARTMENTS
Date: August 16, 2023
Agenda Item: 11.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends the City Council:

Presented by: Tom Tarantino, Planning & Economic Development Manager BACKGROUND:

Developer & Overall Project
Red Tail Multifamily Land Development, LLC (‘Red Tail’) is a real estate development company specializing in the acquisition, due diligence, entitlement, and construction of multifamily properties. Based in Irvine, CA, Red Tail is an experienced long-term developer, owner and operator of high-quality residential communities throughout California and several other states. Over the past several years, Red Tail has been providing an increasing number of affordable units in their projects in order to meet the growing need for affordable housing by cities and counties.

This entitled by-right development, now officially named 'Arrive Santa Paula', is located on the vacant 11.28-acre parcel at 18004 East Telegraph Road (south of East Telegraph Road and east of Whipple Road). The project will provide, via new parcel map, 298 new apartment units 122
on two new parcels. 166 of the units (56% of the total unit count for the project) are proposed as deed-restricted affordable apartments situated on Parcel 1, with the remaining 132 units designated as market-rate apartments on Parcel 2. The project has been designed so that each parcel (component) could stand alone and meet all City codes and requirements, while no readily discernible visual difference exists between the designated areas.

Existing By-Right Entitlement
On October 7, 2020, the City Council adopted Ordinance No. 1305 amending Chapter 16.15 of the Santa Paula Municipal Code to permit all housing ‘by-right’ in all Commercial zones (CN, C-O, CBD, C-G and C-LI) without discretionary review consistent with the purpose and intent of Government Code Sections 65583.2(h) and (i).

By-right entitlement is intended to be the easiest path to qualify for development under the zoning codes of local jurisdictions. Such entitlements have been heavily promoted via new and updated California housing legislation over the past several years in an effort to meet the state’s serious housing shortfall. By-right entitlements are often described as ministerial – a common legal term that also refers to a lack of discretionary approval. To be clear, a development qualified for by-right entitlement must still acquire the necessary permits (grading, construction, stormwater, etc.) and maps in order to proceed.

In addition to providing such by-right entitlement, Ordinance No. 1305 also replaced all C-H (Commercial-Highway) zoning in the Santa Paula Municipal Code with the C-LI (CommercialLight Industrial) designation. The project parcel at 18004 East Telegraph Road (APN: 107-0- 042-015) was thus changed from C-H to C-LI zoning, thereby making residential use permitted by-right onsite.

Affordable Housing Plan for Distribution of Affordable Units & Bifurcation of Existing Parcel
On January 24, 2023, the Planning Commission adopted Resolution No. 3845, approving an Affordable Housing Plan for this project to allow modification of the codified inclusionary housing requirements as permitted by SPMC § 16.13.407, including siting of affordable units and bifurcation of the existing parcel.

The existing inclusionary housing requirements in the Development Code require either ‘reasonable distribution’ of affordable units throughout the project, offsite development of affordable units, payment of in-lieu fees, or some combination of these options. Generally, the historical intent of this requirement was to ensure that developers actually included affordable units in their project proposals, and in doing so, did not sequester them together in a lowerquality building or area of the project site.

Affordable housing development has evolved significantly since these inclusionary requirements were codified, as have financing and tax credit application processes, which now disfavor the complex nature of mixing market-rate and affordable units in the same building, sharing of amenities and maintenance fees, etc.

SPMC § 16.13.407 provides the option of an Affordable Housing Plan as an administrative remedy for the project design deviations necessitated by these market realities. Red Tail thus sought, and received, Planning Commission approval of an Affordable Housing Plan to pair with the existing by-right entitlement of their overall project, and are now ready to proceed with 123
the tentative parcel map process.

Planning Commission Recommendation
Pursuant to SPMC § 16.80.130, the Planning Commission held a public hearing on June 27, 2023 and adopted Resolution No. 3850, recommending the City Council approve Tentative Map No. 6070, subject to the project’s conditions of approval.

ANALYSIS:

Applicant Request
Pursuant to SPMC § 16.80.140, Red Tail is requesting review and approval of their Tentative Parcel Map ('TM 6070') (Attachment B) by the City Council as the next step in the development process. Both the Subdivision Map Act (Gov. Code § 66473.5) and the City’s Subdivision Ordinance (SPMC § 16.80.160) require that proposed subdivision maps conform to the General Plan, any Specific Plan, and zoning district regulations.

Subdivision – Mandatory Findings
Under the City’s Subdivision Ordinance (SPMC § 16.80.160), in acting to approve or conditionally approve a Tentative Map, the City Council must find that the proposed subdivision is:

1. Consistent with the Santa Paula General Plan;

2. Consistent with any applicable Specific Plan or Planned Development;

3. Consistent with provisions of the Santa Paula Development Code, including Santa Paula Municipal Code Chapter 16.80;

4. In the interest of public health and safety; and

5. Is a necessary prerequisite to the orderly development of the surrounding area.

A tentative map application must be denied if the City Council finds any of the following findings (Gov. Code §§ 66474, 66474.01; SPMC § 16.80.170):

1. The proposed map, or the design or improvement of the proposed subdivision, is not consistent with the General Plan or Specific Plans as specified by California Government Code section 65451;

2. The proposed map, or the design or improvement of the proposed subdivision, is not consistent with an applicable General Plan or Specific Plan;

3. The site is not physically suitable for the type of development proposed;

4. The site is not physically suitable for the proposed density of development proposed;

5. The design of the subdivision or the proposed improvements will likely cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;

6. The design of the subdivision or type of improvements will likely cause serious public health or safety problems;

7. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The City Council may approve a tentative map, however, if it finds that alternative easements will be provided, and that these will be substantially equivalent to the ones previously acquired by the public. All easements must be recorded or 124
established by court order; or

8. The proposed subdivision is not consistent with all applicable provisions of the Santa Paula Development Code.

The City Council may also deny a proposed Tentative Map based on any of the following findings (SPMC § 16.80.180):

1. The proposed subdivision is not compatible with surrounding development in terms of density, patterns of development, access, or other consideration.

2. The city’s cost of providing infrastructure support or services outweigh any benefits associated with the subdivision.

Findings made in response to the above criteria are detailed in Resolution No. 7475, attached hereto.

CONCLUSION
Based on the above and including, but not limited to, its by-right entitlement provision (SPMC Chapter 16.15), approved Affordable Housing Plan (SPMC § 16.13.407), and Planning Commission recommendation (Resolution No. 3850), Staff finds the subdivision proposed in TM 6070 to be in substantial conformance with the Subdivision Map Act (Gov. Code § 66473.5), the City’s Subdivision Ordinance (SPMC § 16.80.160), the 2040 City of Santa Paula General Plan, and the City of Santa Paula Development Code. Staff believes that the findings necessary for approval of Tentative Maps, described above, may be made by the City Council.

Should the Tentative Map be approved at this meeting, it will return to the City Council for consent approval as a Final Map at a later date. A copy of the tentative parcel map is attached as Exhibit B.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (‘CEQA’) does not apply to activity that does not involve the exercise of discretionary powers by a public agency. (State CEQA Guidelines, § 15060(c)(1).) Ministerial projects are thus exempt from CEQA. (State CEQA Guidelines, § 15268(a).) Here, the overall project is permitted by-right and thus qualifies as a ministerial project not subject to CEQA. A CEQA Notice of Exemption ('NOE') was filed with the Ventura County Clerk-Recorder and California State OPR on April 28, 2023.

PUBLIC NOTIFICATION
A Notice of Public Hearing was published in the Santa Paula Times on August 4, 2023, 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. As of the date of this report no comments on these notifications have been received.

STRATEGIC PLAN:

Provision of 298 new housing units, 166 of which would be deed-restricted Affordable (VeryLow and Low-Income) units, will have a major impact on achieving the housing goals of the 2029 Housing Element and SCAG 6th Cycle RHNA allotment, and generally aligns with both the Mission and Vision Statements in the 2021-2023 City Council Strategic Plan. 125
FISCAL IMPACTS:

Approval of TM 6070 is a major factor in the feasibility of the overall project moving forward.

Significant permitting/development fees and property tax revenues for the project, along with potential sales tax revenues generated by several hundred new City residents living onsite, would be lost if the project could not be completed.

OPTIONS:

1. Adopt Resolution No. 7475 approving Tentative Map No. 6070, subject to the project’s conditions of approval.

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

3. Deny Resolution No. 7475 and direct staff to prepare a Resolution of Denial. Denial may result in a legal challenge under CA SB 330.

ATTACHMENTS:

A - CC Resolution No. 7475 inc. Exhibit A - PC Resolution No. 3850 inc. COA (Signed).pdf B - Tentative (Parcel) Map No. 6070 (TM 6070).pdf
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ATTACHMENT A
CC RESOLUTION NO. 7475
(PROJECT 22-CDP-01)
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RESOLUTION NO. 7475

A RESOLUTION OF THE SANTA PAULA CITY COUNCIL APPROVING
TENTATIVE PARCEL MAP NO. 6070; A SUBDIVISION OF AN EXISTING LOT

INTO TWO PARCELS THAT WOULD ALLOW FOR THE DEVELOPMENT OF 298 NEW APARTMENT UNITS (166 AFFORDABLE UNITS ON PARCEL 1 & 132 MARKET-RATE UNITS ON PARCEL 2), SUBJECT TO THE PROJECT'S

CONDITIONS OF APPROVAL
PROJECT NO. (22-CDP-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 October 7, 2020, the Santa Paula City Council adopted Ordinance No. 1305 amending Chapter 16.15 of the Santa Paula Municipal Code to permit all housing ‘by-right’ in all Commercial zones (C-N, C-O, CBD, C-G and C-LI) without discretionary review consistent with the purpose and intent of Government Code Sections 65583.2(h) and (i).

B. Ordinance No. 1305 also replaced all C-H (Commercial-Highway) zoning in the Santa Paula Municipal Code (“SPMC”) with the C-LI (Commercial-Light Industrial) designation.

The project parcel at 18004 East Telegraph Road (APN: 107-0-042-015) was thus changed from C-H to C-LI zoning, thereby making residential use permitted by-right onsite.

C. The applicant, Red Tail Multifamily Land Development, LLC (“Red Tail”), submitted an application to the City in 2022 for a 298-unit apartment complex on the stated parcel, which is entitled for development by-right per SPMC Chapter 16.15, with a minimum 15% of the proposed units designated as affordable. This application included draft tentative maps for earlier project iterations.

D. Red Tail is designating 166 of the proposed 298 units (56% of the total units) as affordable per current SCAG AMI level definitions, but is unable to attain project feasibility by siting and sharing amenities as required by the current inclusionary housing language in the Development Code, particularly SPMC § 16.13.408 Standards.

E. SPMC § 16.13.407 provides an administrative remedy for deviations from the codified affordable housing requirements via an Affordable Housing Plan approved by the Planning Commission.

F. In January 2023, Red Tail submitted an Affordable Housing Plan to the City for review; which, per SPMC § 16.13.407, proposed several deviations from SPMC Chapter 16.13 Division 8, including, but not limited to, grouped siting of affordable units and tailoring of amenities to best serve resident needs. The City reviewed the proposal and found it to be consistent with the housing goals of the adopted 2040 City of Santa Paula General Plan and draft 2029 City of Santa Paula Housing Element, as well as the 6th Cycle SCAG RHNA requirements for Santa Paula, and scheduled the item for public hearing by the Planning Commission.
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G. The Planning Commission held a public hearing and approved this Affordable Housing Plan at their regular meeting on January 24, 2023.

H. Red Tail submitted an application for Tentative (Parcel) Map No. 6070 (“TM 6070”) to the City in May 2023. This application was reviewed by the City’s Planning Division, in part, for consistency with the General Plan and conformity with the Santa Paula Municipal Code.

I. On June 16, 2023, the City gave public notice of the Planning Commission public hearing for consideration of TM 6070 by advertising in the Santa Paula Times, a newspaper of general circulation, and on June 23, 2023 by posting notices at City Hall, and by mailing notice to all property owners within a 300-foot radius of the project site.

J. On June 27, 2023, the Planning Commission held a public hearing regarding the proposed TM 6070, and adopted Resolution No. 3850, recommending the City Council hold a public hearing and approve TM 6070, subject to the project’s conditions of approval.

K. On August 4, 2023, the City gave public notice of the City Council public hearing for consideration of TM 6070 by advertising in the Santa Paula Times, a newspaper of general circulation, and on August 10, 2023 by posting notices at City Hall, and by mailing notice to all property owners within a 300-foot radius of the project site.

L. On August 16, 2023, the City Council held a public hearing regarding this project to receive public testimony and other evidence regarding the application including without limitation, information provided to the City Council by the applicant.

M. This Resolution 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 administrative record on file with the City.

SECTION 2: Tentative Map Required Findings. Pursuant to Government Code § 66474, the City Council makes the following findings to approve TM 6070, subject to the conditions of approval:

A. The proposed subdivision is consistent with applicable general and specific plans. The proposed subdivision has been reviewed for conformity and deemed consistent with the adopted 2040 City of Santa Paula General Plan. There is no Specific Plan for the project site. The site of the proposed subdivision is zoned Commercial-Light Industrial (C-LI) under the City zoning code, and has a General Plan land use designation of Mixed Use: Commercial-Light Industrial. SPMC Chapter 16.15 permits all housing ‘by-right’ in all Commercial zones (C-N, C-O, CBD, C-G and C-LI) without discretionary review consistent with the purpose and intent of Government Code Sections 65583.2(h) and (i). Further, the project has an approved Affordable Housing Plan under SPMC § 16.13.407, which allows for the proposed siting in TM 6070;
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 129
proposed subdivision has been reviewed for conformity and deemed consistent with the adopted 2040 City of Santa Paula General Plan; including, but not limited to, the following goals, policies, and procedures therein:
i. LU 3 Balanced Land Use and Economic Opportunity: project provides a range of housing unit sizes, services, and amenities for all segments of the community. ii. LU 4 Infill and Urban Expansion: project is an appropriate density and located on an infill site within the City boundary.
iii. LU 6 Sustainability, Resilience, and Environmental Justice: over 50% of project’s proposed units will be deed-restricted as Affordable.
iv. LU 1.8 Quality Development: project contributes significant social, economic and aesthetic benefits to Santa Paula and its citizens in an appealing architectural design.
v. LU 3.3 Diverse Housing Supply: project contributes to the provision of a full range of housing types and densities to accommodate the City’s share of regional housing needs for all income levels.
vi. LU 3.5 Compact Multi-Family Development: project is a multi-family residential development within eventual walking distance of anticipated commercial services and public amenities.

There is no Specific Plan for the project site. The site of the proposed subdivision is zoned Commercial-Light Industrial (C-LI) under the City zoning code, and has a General Plan land use designation of Mixed Use: Commercial-Light Industrial. SPMC Chapter

16.15 permits all housing ‘by-right’ in all Commercial zones. Provision of 298 new housing units, 166 of which would be deed-restricted Affordable (Very-Low and Low-Income) units, will have a major impact on achieving the housing goals of the 2040 General Plan and SCAG 6th Cycle RHNA allotment, and generally aligns with both the Mission and Vision Statements in the 2021-2023 City Council Strategic Plan; C. The siteisphysically suitableforthetypeofdevelopment. Thesiteof theproposed TM 6070 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. Further, all proposed buildings will be raised above 1% BFE per FEMA A99 Flood Zone designation;
D. The site is physically suitable for the proposed density of development. The site has a total area of 11.28 acres. Under the proposed subdivision, Parcel 1 (affordable units) will have a gross area of 5.56 acres with 166 units, equaling 29.8 dwelling units/acre. Parcel 2 (market-rate units) will have a gross area of 5.71 acres with 132 units, equaling 23.1 dwelling units/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. Ministerial projects such as this are exempt from environmental review (State CEQA Guidelines, § 15268(a).) and the project site is vacant and cleared of agricultural trees. However, the applicant voluntarily completed an addendum to the adopted East Area 2 (East Gateway) Specific Plan, which applies to the geographical location of this project, to address any environmental issues. This addendum is available on the City 130
website (http://www.spcity.org). Pursuant to CEQA § 15162, approval of the proposed map does not require a subsequent or supplemental Environmental Impact Report (EIR) because the project itself is exempt and the requested Tentative (Parcel) Map No. 6070 for multifamily residential purposes 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 2 Specific Plan;
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 subdivisionproposes 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. Further, 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. Further, the project is conditioned to maintain access for current residents along Whipple Road;
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; 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: Environmental Assessment. The City Council makes the following environmental findings:

A. The City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”) and determined that CEQA does not apply to activity that does not involve 131
the exercise of discretionary powers by a public agency. (State CEQA Guidelines, § 15060(c)(1).) Ministerial projects are thus exempt from CEQA. (State CEQA Guidelines, § 15268(a).) Here, the project is permitted by-right and thus qualifies as a ministerial project not subject to CEQA. The City filed a Notice of Exemption (“NOE”) with the Ventura County Clerk-Recorder and Cal OPR on April 28, 2023.

SECTION 4: Approval. The City Council takes the following actions:

A. Subject to the conditions listed in Planning Commission Resolution No. 3850 on the attached Exhibit A, which are incorporated into this Resolution by reference, the City Council hereby adopts Resolution No. 7475 approving Tentative Parcel Map No. 6070 for Project No. 2022-CDP-01.

SECTION 5: 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 6: 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 7: 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 8: This Resolution will take effect immediately upon adoption and will remain effective until superseded by a subsequent resolution.

SECTION 9: 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.

SECTION 10: This Resolution may be appealed within ten (10) calendar days after its adoption.

All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. 132
PASSED AND ADOPTED this 16th day of August 2023.
_________________________________
Andy Sobel
Mayor
ATTEST:
________________________________
Dan Singer
City Manager
________________________________
Julie Latshaw
City Clerk
APPROVED AS TO FORM:
________________________________
Monica Castillo
Interim City Attorney
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EXHIBIT A
PC RESOLUTION NO. 3850
&

CONDITIONS OF APPROVAL
(PROJECT 2022-CDP-01)
134
RESOLUTION NO. 3850

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA PAULA , CALIFORNIA, RECOMMENDING
THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP NO. 6070; A

SUBDIVISION OF AN EXISTING LOT INTO TWO PARCELS THAT WOULD ALLOW FOR THE DEVELOPMENT OF 298 NEW APARTMENT UNITS (166 AFFORDABLE UNITS ON PARCEL 1 & 132 MARKET-RATE UNITS ON PARCEL 2), SUBJECT TO THE PROJECT'S CONDITIONS OF APPROVAL PROJECT NO. (22-CDP-01)
The Planning Commission of the City of Santa Paula does resolve as follows:

SECTION 1: The Planning Commission finds and declares that:

B. Ordinance No. 1305 also replaced all C-H (Commercial-Highway) zoning in the Santa Paula Municipal Code (“SPMC”) with the C-LI (Commercial-Light Industrial) designation.

The project parcel at 18004 East Telegraph Road (APN: 107-0-042-015) was thus changed from C-H to C-LI zoning, thereby making residential use permitted by-right onsite.

E. SPMC § 16.13.407 provides an administrative remedy for deviations from the codified affordable housing requirements via an Affordable Housing Plan approved by the Planning Commission.

F. In January 2023, Red Tail submitted an Affordable Housing Plan to the City for review; which, per SPMC § 16.13.407, proposed several deviations from SPMC Chapter 16.13 Division 8, including, but not limited to, grouped siting of affordable units and tailoring of amenities to best serve resident needs. The City reviewed the proposal and found it to be consistent with the housing goals of the adopted 2040 City of Santa Paula General Plan and draft 2029 City of Santa Paula Housing Element, as well as the 6th Cycle SCAG RHNA requirements for Santa Paula, and scheduled the item for public hearing by the Planning Commission.
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G. The Planning Commission held a public hearing and approved this Affordable Housing Plan at their regular meeting on January 24, 2023.

J. On June 27, 2023, the Planning Commission held a public hearing regarding the proposed TM 6070. This Resolution 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 administrative record on file with the City.

SECTION 2: Tentative Map Required Findings. Pursuant to Government Code § 66474, the Planning Commission recommends the City Council make the following findings to approve TM 6070, subject to the conditions of approval:

A. The proposed subdivision is consistent with applicable general and specific plans. The proposed subdivision has been reviewed for conformity and deemed consistent with the adopted 2040 City of Santa Paula General Plan. There is no Specific Plan for the project site. The site of the proposed subdivision is zoned Commercial-Light Industrial (C-LI) under the City zoning code, and has a General Plan land use designation of Mixed Use: Commercial-Light Industrial. SPMC Chapter 16.15 permits all housing ‘by-right’ in all Commercial zones (C-N, C-O, CBD, C-G and C-LI) without discretionary review consistent with the purpose and intent of Government Code Sections 65583.2(h) and (i). Further, the project has an approved Affordable Housing Plan under SPMC § 16.13.407, which allows for the proposed siting in TM 6070;
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 and deemed consistent with the adopted 2040 City of Santa Paula General Plan; including, but not limited to, the following goals, policies, and procedures therein:
i. LU 3 Balanced Land Use and Economic Opportunity: project provides a range of housing unit sizes, services, and amenities for all segments of the community. ii. LU 4 Infill and Urban Expansion: project is an appropriate density and located on an infill site within the City boundary.
iii. LU 6 Sustainability, Resilience, and Environmental Justice: over 50% of project’s proposed units will be deed-restricted as Affordable.
iv. LU 1.8 Quality Development: project contributes significant social, economic and aesthetic benefits to Santa Paula and its citizens in an appealing architectural design.
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v. LU 3.3 Diverse Housing Supply: project contributes to the provision of a full range of housing types and densities to accommodate the City’s share of regional housing needs for all income levels.
vi. LU 3.5 Compact Multi-Family Development: project is a multi-family residential development within eventual walking distance of anticipated commercial services and public amenities.

16.15 permits all housing ‘by-right’ in all Commercial zones. Provision of 298 new housing units, 166 of which would be deed-restricted Affordable (Very-Low and Low-Income) units, will have a major impact on achieving the housing goals of the 2040 General Plan and SCAG 6th Cycle RHNA allotment, and directly aligns with both the Mission and Vision Statements in the 2021-2023 City Council Strategic Plan; C. The siteisphysically suitableforthetypeofdevelopment. Thesiteof theproposed TM 6070 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. Further, all proposed buildings will be raised above 1% BFE per FEMA A99 Flood Zone designation;
D. The site is physically suitable for the proposed density of development. The site has a total area of 11.28 acres. Under the proposed subdivision, Parcel 1 (affordable units) will have a gross area of 5.56 acres with 166 units, equaling 29.8 dwelling units/acre. Parcel 2 (market-rate units) will have a gross area of 5.71 acres with 132 units, equaling 23.1 dwelling units/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. Ministerial projects such as this are exempt from environmental review (State CEQA Guidelines, § 15268(a).) and the project site is vacant and cleared of agricultural trees. However, the applicant voluntarily completed an addendum to the adopted East Area 2 (East Gateway) Specific Plan, which applies to the geographical location of this project, to address any environmental issues. This addendum is available on the City website (http://www.spcity.org). Pursuant to CEQA § 15162, approval of the proposed map does not require a subsequent or supplemental Environmental Impact Report (EIR) because the project itself is exempt and the requested Tentative (Parcel) Map No. 6070 for multifamily residential purposes 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 2 Specific Plan;
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 subdivisionproposes 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, 13718
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. Further, 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. Further, the project is conditioned to maintain access for current residents along Whipple Road;
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; 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: Environmental Assessment. The Planning Commission makes the following environmental findings:

A. The City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”) and determined that CEQA does not apply to activity that does not involve the exercise of discretionary powers by a public agency. (State CEQA Guidelines, § 15060(c)(1).) Ministerial projects are thus exempt from CEQA. (State CEQA Guidelines, § 15268(a).) Here, the project is permitted by-right and thus qualifies as a ministerial project not subject to CEQA. The City filed a Notice of Exemption (“NOE”) with the Ventura County Clerk-Recorder and Cal OPR on April 28, 2023.

SECTION 4: Recommendations. The Planning Commission makes the following recommendations to the City Council:

A. The Planning Commission recommends that the City Council approve Tentative Parcel Map No.6070 for the East Area 1 Specific Plan subject to the Conditions of Approval set forth in Exhibit “A,” which are incorporated into this Resolution by reference. 13819
SECTION 5: 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 Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 6: Limitations. The Planning Commission’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 Planning Commission’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: This Resolution will remain effective until superseded by a subsequent resolution.

SECTION 9: The Commission Secretary is directed to mail a copy of this Resolution to Applicant and Applicant’s Representative and to any other person requesting a copy.

SECTION 10: This Resolution may be appealed within ten (10) calendar days after its adoption.

All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal.

SECTION 11: This Resolution is advisory to the City Council and will take effect immediately upon adoption.
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EXHIBIT A

CONDITIONS OF APPROVAL

CITY OF SANTA PAULA COMMUNITY & ECONOMIC DEVELOPMENT
Project No. 2022-CDP-01
Red Tail Multifamily Apartments
18004 East Telegraph Road
(APN: 107-0-042-015)
In addition to all applicable provisions of the Santa Paula Municipal Code (“SPMC”), Red Tail Multifamily Land Development, LLC (Applicant) agrees for themselves, their, heirs and assigns that they will comply with the following provisions as Conditions for the City of Santa Paula’s Approval of Project No. 2022-CDP-01 (“Project Conditions”).

GENERAL CONDITIONS

1. Awareness. These Conditions of Approval have been adopted with the knowledge, understanding and consent of the Applicant.

2. Compliance. The Applicant shall comply with all federal, state, and local laws, including all City ordinances, codes, regulations, policies, and conditions (including those herein) and pay all applicable fees and assessments to the City.

At the time of building permit submittal, a signed Certificate of Compliance form must be submitted to ensure the permit plans comply with the entitlement requirements and approved exhibits.

3. Substantial Conformance. If project requirements (including Conditions of Approval) cannot be met without meeting Development Code exemptions or being considered by Planning Staff to be in substantial conformance with the approved design, a new review may be required. That new review, if required, must be approved prior to issuance of any building permit.

4. Violation. The 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 may be 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.

5. Scrutiny. Violations of the conditions of approval may be subject to ongoing review and the City maintains the right to initiate amendment or revocation proceedings consistent with Sections 16.206.070-16.206.090 of the Municipal Code.

6. Assignment. The permit is granted for the subject Property only and is not transferable.
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7. Final Parcel Map. A final parcel map shall be submitted for review and approval prior to the approval of any development.

8. Signatory. Before submitting plans to the Building and Safety Division for Plan Check, the Applicant must sign the Conditions of Approval and return the wet signature to the Planning Division.

9. CoAs on Plans. Before the issuance of building permits, plans submitted to the Building & Safety Division for building permits must have the Conditions of Approval printed directly onto the building plans and the Project number, “2022- CDP-01,” in the title blocks of the blueprints for this Project.

10. Utilities on Plans. Before the issuance of building permits, the plans provided to the Building & Safety Division for plan check must show all utilities to serve the proposed building. The meter point of responsibility must be shown on the improvement plans. Improvement plans will need to show proposed abandonment for services not needed.

11. Expiration. In accordance with Santa Paula Municipal Code Section 16.80.410, Tentative Parcel Map 6070 expires 24 months from the date of adoption of this resolution unless an extension is granted pursuant to the Santa Paula Municipal Code.

FINANCE
Standard Requirements:

12. City Fees & Charges. Before the final inspection and/or occupancy, all Department’s / Division’s (Building & Safety, Planning, Public Works, and Legal) Project Review & Plan Check fees and charges must be paid in full.

13. Business License. Within 30-days of the final inspection and/or occupancy, the business owner(s) must obtain valid City business license(s) for all applicable business activities onsite. Business license forms and information are available on the City website here: https://www.spcity.org/208/Business-License-Forms

BUILDING AND SAFETY
Standard Requirements:

14. Building Codes. The project must comply with all applicable International, Administrative, Green, Energy, and California codes as adopted by the City and/or County, including without limitation Fire, Building, Public Works, and Planning.
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15. Conformity. Plans submitted for building permits must conform to the plans and Conditions of Approval as approved by all applicable reviewing departments and/or divisions.

PLANNING
Before the City Issues Permits for Site Improvements (unless otherwise stated):

16. City of Santa Paula Title XVI: Development Code. The project must comply with all applicable code regulations adopted by the City at the date of this Project Application, including without limitation those pertaining to: Zoning Districts, Land Use Regulations and Development Standards; Landscape and MWELO Standards; Standards and Regulations Applicable to all Zoning Districts; Grading and Erosion Control; General Property Development Standards, Performance Standards and, Administration of the Development Code.

17. Affordable Housing Plan. The project must comply with the Affordable Housing Plan requirements set forth in Resolution No. 3845, adopted by the Planning Commission on January 24, 2023.

18. Construction and operation activities shall comply with Chapter 93 of the SPMC (Noise).

19. Haz Mat. Before the final inspection and/or occupancy, the Applicant shall receive final approval from the Ventura County Certified Unified Program Agency (CUPA) / Hazardous Materials Program for all on-site business activities and operations. https://www.vcrma.org/cupa

20. Air Quality. Before the final inspection and/or occupancy, the Applicant shall receive final approval of an Occupancy Permit from the Ventura County Air Pollution Control District (VCAPCD) for all on-site business activities and operations, per CGC 65850.2(c) and AB3205.
http://www.vcapcd.org/occup_prmt.htm
FIRE – PER VCFPD (DATED 01.06.2023)
Before the City Issues Permits for Site Improvements (unless otherwise stated):

21. Complete - This project has been reviewed by the Ventura County Fire Protection District and is found to be complete.

22. 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.

23. Building Plan Review - Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies shall be submitted, with payment for plan check, to the Fire District 143
for review and approval prior to obtaining a building permit. This review is concurrent with Building and Safety review. Plans (Architectural, Mechanical, Electrical, Plumbing, and dedicated fire service utility with design to finish above grade) shall be submitted directly to VCFD Fire Prevention.

24. 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.

25. Access Road Width, Private Roads/Driveways - Private roads shall comply with Public Road Standards.
 Access road width of 36 feet shall be provided for residential use with parallel parking permitted on both sides.
 Access road width of 32 feet shall be provided for residential use with parallel parking permitted on one side.
 Access road width of 24 feet shall be required with no on-street parking permitted.

26. Ground Ladder Access – Access around the building shall be provided to allow for laddering the building, at a maximum 75-degree angle, to reach emergency escape and rescue openings below the fourth story above the grade plane. A three (3) foot clear working space shall be provided around the ladder at ground level.

27. 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.

28. 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.

29. 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.

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

31. Parking Prohibited - The property owner(s) are hereby advised that parking on access roads / driveways and fire department turnarounds is prohibited.

32. Access Point(s) on Roads - Roads shall be provided such that any portion of the exterior walls, at grade level, of a building or structure, is not more than 150 feet from a road as measured by an approved route around the exterior of the building. Exception: The distance shall be permitted to be extended to 250 feet when the building is protected by an automatic fire sprinkler system in 144
accordance with NFPA 13 and provided with an approved access walkway leading from the road to the exterior openings around the structure.

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

34. 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.

35. 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.

36. 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 backup), 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.

37. 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.

38. Walkways - Approved walkways shall be provided from all building openings to the public way or fire department access road / driveway.

39. Walk and Pedestrian 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.

40. 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 145
rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.

41. Address Directory - An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation.

42. Accessory Room Door Labeling - All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.).

43. Knox Device - Exterior access doors leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access.

44. Egress Aisle Clearance - All required egress aisles shall be maintained clear of obstructions at any time.

45. Emergency Lighting and Exit Signs - All emergency lights and exit signs shall be maintained in an operable condition at all times.

46. Emergency Planning and Preparedness - The owner / applicant and all occupants of buildings shall comply with the Fire Department requirements for Evacuation Plans, Drills and training as indicated under The International Fire Code, Chapter 4 “Emergency Planning and Preparedness”, and CCR Title 19 Sec 3.09. All required records and documentation shall be available for review by the Fire Department upon request.

47. 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.

48. 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.

49. Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) - Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Water Works Manual and the following.
a. Each hydrant shall be a 6 inch wet barrel design and shall have (1) 4 inch and (2) 2 ½ inch outlet(s).
b. The required fire flow shall be achieved at no less than 20-psi residual pressure.
c. Fire hydrants shall be set back in from the curb face 24 inches on center. d. No obstructions, including walls, trees, light and sign posts, meter, shall be placed within three (3) feet of any hydrant.
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e. A concrete pad shall be installed extending 18 inches out from the fire hydrant.
f. Ground clearance to the lowest operating nut shall be between 18 to 24 inches.

50. 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.

51. 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.

52. 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.

53. 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.

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

55. Fire Alarm System - A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements.

56. Fire Alarm/Sprinkler Monitoring Plans - Plans for any fire alarm system or sprinkler monitoring system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation.

57. Five-Year Fire Sprinkler Report - A current Five-Year Fire Sprinkler System certification shall be maintained at all times in accordance with CCR Title-19 and VCFPD requirements. The required Five-Year Report shall be submitted to the Fire Department prior to expiration of the previous Five-Year certification.

58. Fire Alarm Certification - The building fire alarm system shall be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel shall be in accordance with NFPA 72. 147
Service records shall be maintained on-site and available for review by the Fire Department upon request.

59. Fire Extinguishers - Fire extinguishers shall be installed in accordance with the International Fire Code. The placement of extinguishers shall be subject to review by the Fire District.

60. Trash Dumpster Locations - Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers.

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

62. Fire Code Permits - Applicant and/or tenant shall obtain all applicable Operational Fire Code Permits prior to occupancy or use of any system or item requiring an operational permit in accordance with Section 105 of the California Fire Code.

PUBLIC WORKS – PER M6 CONSULTING (DATED 04.25.2023)
General Conditions

63. If any hazardous waste or material is encountered during the construction of this project, all work must be immediately stopped and the Ventura County Environmental Health Department, the Ventura County Fire Protection District, the Santa Paula Police Department, and the City Engineer and Public Works Director must be notified immediately. Work may not proceed until clearance has been issued by all of these agencies.

Permit Specific Conditions

64. All parking areas must be surfaced with asphalt, concrete, or other surface acceptable to the Community and Economic Development Director, City Engineer and Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking, loading and common areas must be maintained at all times to ensure safe access and use by employees, public agencies and service vehicles.

Operational Requirements (Commercial and Industrial)

65. Prior to or concurrently with the issuance of a Zoning Clearance for a Grading Permit, the applicant shall submit the construction phasing plan for approval by the Community and Economic Development Director and City Engineer and Public Works Director. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial, industrial areas, schools, parks and other city facilities, if any. 148
Landscaping, Lighting and Maintenance Requirements

66. All landscaping must be maintained in a healthy and thriving condition, free of weeds, litter and debris. All paved surfaces: including, but not limited to, the parking area and aisles, drive-through lanes, on-site walkways must be maintained free of litter, debris and dirt. Walkways, parking areas and aisles and drive-through lanes must be swept, washed, or vacuumed regularly.

When swept or washed, litter, debris and dirt must be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements.

67. The applicant and/or property owner shall provide verification to the City Engineer and Public Works Director that all proposed on-site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. Additional cleaning may be required by the City Engineer and Public Works Director depending upon site and weather conditions.

Engineering Division

68. If the applicant wishes to record the final map prior to issuance of the Grading permit, then, the applicant shall provide a Subdivision Improvement Agreement (SIA). SIA shall be recorded and approved by the City.

69. Prior to construction, applicant shall submit a construction traffic control plan for the review and approval of the City Engineer and Public Works Director.

Traffic control plan shall include construction advisory speed limits, speed limit posting locations, and enforcement measures if needed.

70. Prior to any work being conducted within any State, County, or City right-ofway, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer.

71. Reactive organic compounds, nitrogen oxides (ozone/smog precursor), and particulate matter (aerosols/dust) generated during construction operations must be minimized in accordance with the City of Santa Paula standards and the standards of the Ventura County Air Pollution Control District (APCD).

When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities must cease in order to minimize associated air pollutant emissions.

72. During construction the applicant shall utilize all prudent and reasonable measures (including installation of a 6-foot-high chain link fence around the construction site(s) and/or provision of a full time licensed security guard) to 149
prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury.

73. Prior to construction, the applicant shall post, in a conspicuous location, the construction hour limitations and make each construction trade aware of the construction hour limitations to the satisfaction of the City.

74. Prior to the issuance of a Grading Permit, the applicant shall post sufficient surety with the City, in a form acceptable to the City Engineer and Public Works Director, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval and/or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non-point water discharges, landscaping, fencing, and bridges. Grading and improvements must be designed, bonded, and constructed as a single project.

75. Prior to the issuance of a Grading Permit, the applicant shall provide written proof to the City Engineer that any and all wells that may exist or have existed within the project have been properly sealed, destroyed or abandoned per Ventura County Ordinance No. 4468 and per California Department of Conservation, Division of Oil, Gas, and Geothermal Resources requirements.

76. During construction written weekly progress reports and a grading completion report must be submitted to the City Engineer by the project geotechnical engineers. These reports must include the results and locations of all compaction tests, as-built plans of all required fill removal, over excavation and remedial grading, including geologic mapping of the exposed geology of all excavations showing cut cross-sections and sub-drain depths and locations. The lists of excavations approved by the engineering geologist must also be submitted. Building permits will not be issued without documentation that the grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable Grading Ordinance provisions.

77. During construction, the applicant shall provide temporary irrigation, hydroseeding and erosion control measures, approved by the Community and Economic Development Director, City Engineer and Public Works Director.

Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) calendar days except that during the rainy season (October 1 to April 15), these measures will be implemented immediately.

78. Grading may occur during the rainy season from October 1 to April 15, subject to timely installation of erosion control facilities when approved in writing by the City Engineer, Public Works Director and the Community 150
and Economic Development Director and when erosion control measures are in place. In order to start or continue grading operations between October 1 and April 15, project-specific erosion control plans that provide detailed Best Management Practices for erosion control during the rainy season must be submitted to the City Engineer and Public Works Director no later than September 1 of each year that grading is in progress. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During the rainy season, October 1 through April 15, all graded slopes must be covered with a woven artificial covering immediately after completion of each graded slope. Grading operations must cease if the applicant fails to place effective best management measures on graded slopes immediately after construction. No slopes may be graded or otherwise created when the National Weather Service local three- day forecast for rain is twenty percent (20%), or greater, unless the applicant is prepared to cover the permanent and temporary slopes before the rain event. The artificial covering and planting will be to the satisfaction of the Community and Economic Development Director, City Engineer, and Public Works Director.

79. Prior to construction, the applicant shall comply with the City of Santa Paula standard requirements for dust control, including, but not be limited to, minimization of ground disturbance, application of water/chemicals, temporary/permanent ground cover/seeding, street sweeping, and covering loads of dirt for the review and approval of the City Engineer and Public Works Director. All clearing, grading, earth moving, excavation, soil import and/or soil export operations must cease during periods of high winds (greater than 15 mph averaged over one hour).

80. At least one (1) week prior to commencement of grading or construction, the applicant shall prepare a notice that grading or construction work will commence. This notice shall be posted at the site and mailed to all owners and occupants of property within five-hundred feet (500') of the exterior boundary of the project site, as shown on the latest equalized assessment roll. The notice must include current contact information for the applicant, including all persons with authority to indicate and implement corrective action in their area of responsibility, including the name of the contact responsible for maintaining the list. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the twenty-four (24) hour emergency number, must be expressly identified in the notice. The notice must be re-issued with each phase of major grading and construction activity. A copy of all notices must be concurrently transmitted to the Community and Economic Development Department. The notice record for the City must be accompanied by a list of the names and addresses of the property owners notified and a map identifying the notification area.
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81. Applicant has full right to exercise the service of a new engineer responsible at any time during a project. When there is a change in engineer, the applicant/owner shall notify the City Engineer and Public Works Director in writing within 48 hours of such change. Said letter shall specify successor California Registered Civil Engineer and shall be stamped and signed and dated by said engineer in responsible charge and shall accept responsibility of project. The letter will be kept on file at the City.

82. Prior to issuance of a Grading Permit the applicant shall coordinate with Caltrans District 7 Office of Permits for encroachments within State right of way, including, but not limited to, right of way access, excavations, and drainage connections. Evidence of Encroachment Permit Approval is required prior to the issuance of a Grading Permit.

83. Prior to Grading Permit issuance, site access and fire hydrant locations shall be reviewed and approved by the Ventura County Fire Department.

84. All other requirements, notes and regulations arising from plan review as determined necessary by the City and their reviewers shall be incorporated into the design as required by the City prior to Grading Permit issuance.

85. Prior to issuance of a Grading Permit, existing utility points of connection shall be potholed to verify location and elevation. An encroachment permit shall be obtained from Public Works prior to related work being performed in Public Right of Way or easements. Utility plans shall be updated as necessary prior to final approval.

86. Prior to issuance of a Grading Permit the applicant shall be responsible for identifying all easements and related encumbrances on the project plans and related documents and ensuring that all such easements and encumbrances are not impeded, burdened, and are adequately maintained in accordance with the terms and language of the original easement. Determination of such compliance shall be subject to the City of Santa Paula Public Works approval.

87. Grading operations involving the hauling of dirt shall be controlled and reasonable efforts to avoid the spillage of dirt onto public streets shall be enforced. The grading contractor shall maintain on site at all times a means of preventing blowing dust within the project site and onto adjacent sites.

88. Any deviations from the approved grading plan must be reviewed and approved in advance by the Public Works Department. The City Engineer may issue a Stop Work Order if field conditions deviate from the approved plans without obtaining prior approval from all appropriate City Departments.

Grading and Geotechnical

89. The applicant shall submit precise grading plans, prepared by a California Registered Civil Engineer, detailing the design of finished surfaces including 152
parking lot pavement, curbs, gutter, local depressions, sidewalks, disabled accessible parking, ramps, connections to public right of way and disabled access circulation within the site. The plans should include design grades for proposed buildings, including pad and finished floor elevations, required overexcavations cut/fill slopes, keyways, subdrains, limits and details of any required remedial grading. Required retaining walls shall be detailed with top of wall/top of footing callouts every 25 to 50 feet, related finished grades at the top of walls, and details of provisions for subdrains and connections to approved points of disposal. Precise grading plans shall be submitted to the City of Santa Paula Public Works Department for review and approval prior to the issuance of a Grading Permit.

90. Proposed building and equipment pad elevations within the FEMA Special Flood Hazard Area (SFHA) shall be elevated 1 foot above the FEMA 100 year storm event’s Base Flood Elevation.

91. The applicant shall submit a design level Geotechnical Report prepared by a Geotechnical Engineer and Engineering Geologist. The Geotechnical Report shall provide specific recommendations for cut/fill slopes, foundations, retaining walls, temporary excavations, utility trenches, by the proposed development. The report shall present detailed geotechnical recommendations for design and construction of the proposed project and improvements, as well as mitigation of known geologic hazards. The Geotechnical Report shall be prepared in accordance with the County of Ventura standards and shall be submitted to the Public Works Department for review and approval prior to the issuance of a Grading Permit.

92. All pavement structural sections shall be designed by the project Geotechnical Engineer and Engineering Geologist and submitted in conjunction with the final geotechnical report for review and approval by the Public Works Department prior to the issuance of a Grading Permit.

93. All slopes shall be 2:1 (horizontal to vertical) or less in accordance with the approved geotechnical studies.

94. The applicant shall provide for the mitigation of the potential for liquefaction and lateral spreading based on the recommendations in the project Geotechnical Report. Liquefaction mitigation measures and related plans and details shall be submitted to the Public Works Department for review and approval prior to the issuance of a Grading Permit.

95. The applicant shall eliminate or remediate all geologic hazards associated with this proposed development to the satisfaction of the Public Works Department.

96. Prior to issuance of Grading Permit the applicant shall delineate required over- excavation limits (horizontal/vertical) to address the removal of loose alluvium deposits below undocumented fill on the project Grading Plans. 153

97. During grading, the project geotechnical engineer shall observe and approve all keyway excavations, removal of fill down to stable bedrock or in-place material, and installation of all sub-drains including their connections.

All fill slope construction must be observed and tested by the project geotechnical engineer, and the density test results and reports submitted to the City Engineer and Public Works Director to be kept on file. Cuts and slopes must be observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the City Engineer and Public Works Director must be obtained prior to any modification of approved plans or geotechnical report requirements.

98. The applicant agrees to address any and all Geotechnical Design and Geological Hazard Mitigation requirements not contained within these conditions, associated with the proposed development that may arise during final design.

99. Prior to final design the applicant shall provide a current copy of the preliminary title report (dated within the last ninety (90) days of the initial submittal date), for the subject property.
100. The applicant’s engineer shall plot all referenced easements on the site plans and grading plans. All existing and proposed easements shall be reflected on the project plans.
101. During construction all grading and excavation shall be observed and documented by the project Geotechnical Engineer, who shall verify that the excavation, grading, subdrainage, backfill, compaction, and related operations are executed by the site construction personnel in conformance with the provisions of the approved Geotechnical Report. Any deficiencies noted shall be brought to the attention of the grading contractor and the City. Such observations, verifications, related tests, and other pertinent documentation shall be submitted to the Public Works and Community and Economic Development Departments for review and approval prior to the issuance of a Building Permit.
102. Rough Grade Report. At the completion of rough grading, the project Geotechnical Engineer shall submit a comprehensive rough grade report summarizing the required observations, verifications, related tests, and other pertinent documentation to Public Works and Community and Economic Development Departments for review and approval prior to the issuance of a Building Permit. The report shall include the results of all compaction tests as well as a map depicting the limits of over excavation, observed geologic conditions, locations of all density tests, locations and elevations of all removal bottoms, and location and elevation of all retaining wall backdrains and outlets.
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103. Rough Grade and Building Pad Certifications. Upon completion of rough grading, the applicant shall submit Rough Grade and Building Pad Certifications on the City’s forms. The certifications shall be signed by the project Geotechnical Engineer and project Civil Engineer, as well as the Grading Contractor. The certification shall be accompanied by as-built survey where deemed necessary by the City Engineer to verify compliance with the limits and elevations required by the approved grading and drainage plans. The Rough Grade and Building Pad Certifications shall be reviewed in conjunction with the Rough Grade Report by the City of Santa Paula Public Works Department for approval prior to the issuance of a Building Permit. 104. Approval of Rough Grading. The project Rough Grade Report and Rough Grade and Building Pad Certifications shall be reviewed and approved by the City Engineer. Evidence of such approval shall be provided to the Community and Economic Development Department, Building and Safety Division, prior to the issuance of a Building Permit. No Building Permit shall be issued for the project without these approvals. 105. Final Grade Certification. Prior to the issuance of a Certificate of Occupancy (C of O), the applicant shall submit a Final Grade Certification on the City’s form. The Final Grade Certification shall be reviewed and approved by the City Engineer prior to the issuance of a C of O for the project. 106. Prior to the issuance of a C of O, the applicant shall submit elevation certifications for proposed buildings on forms provided by FEMA. 107. During construction, the applicant shall over-excavate any loose alluvium deposits below undocumented fill, characterize geotechnical conditions at bottom depth and perform testing and evaluation to delineate and substantiate over excavation depths. Limits of over excavation shall be approved by the City prior to the placement of engineered fill in excavated areas.
108. Prior to the issuance of a Grading Permit the applicant shall perform additional tests within all proposed onsite infiltration areas in conformance with the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures. Test results and related infiltration recommendations shall be incorporated in the project Geotechnical Report and the design of proposed drainage facilities.
109. The applicant shall provide a geotechnical map prior to issuance of Grading Permit depicting geological data from subsurface field explorations, limits of known fill, geological contacts, and structures. Applicant shall utilize final grading plans as a base map for geotechnical map and provide any additional geotechnical recommendations based on the final grading and geotechnical map.
110. Prior to the issuance of a Grading Permit the applicant shall provide recommendations for foundation design for the proposed buildings to address 155
anticipated accumulative seismic and static settlements. Such recommendations shall be included in the profile geotechnical report and incorporated in the plans.
111. The applicant shall determine the expansion potential of the finish grade materials at the completion of grading. Grading and foundation design recommendations shall address the expansion potential of finish grade materials. Recommendations shall be included in the rough grade report and pad certification and approved by the City Engineer prior to the issuance of a building permit.
112. At the completion of grading the applicant shall provide samples of the upper grade materials tested for R-Value. Final recommendations for pavement design should be based on the R-Values of the finish grade materials. 113. At the completion of grading the applicant shall provide samples of the onsite soils collected and tested for corrosion potential. Final recommendations for measures including cement type should be based on the corrosion potential of the finish grade allowable materials, concrete type, and protective measures. Recommendations shall be included in the rough grade report and pad certification and approved by the City Engineer prior to the issuance of a building permit.
114. The applicant shall provide a rough grade report prepared by the geotechnical consultant and must be submitted to the City Engineer for review and approval. The report shall include the results of all compaction tests as well as a map depicting the limits of over excavation, observed geologic conditions, locations of all density tests, locations and elevations of all removal bottoms, and location and elevation of all retaining wall backdrains and outlets.
115. During construction all foundation excavations must be observed and approved by the Project Geotechnical Consultant prior to placement of reinforcing steel. 116. The final grading, drainage, shoring, and foundation plans shall be reviewed, signed and wet stamped by the project geotechnical consultant. 117. The final shoring and foundation plans shall be reviewed and approved by the Community and Economic Development Department Director.

Public and Private Streets and Related Improvements
118. Prior to construction of any public improvement, the applicant shall enter into an agreement with the City of Santa Paula to complete public improvements, with sufficient surety posted to guarantee the complete construction of all improvements, except as specifically noted in these Standard Conditions or Special Conditions of Approval.
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119. Prior to issuance of the first Building Permit, all existing overhead utilities along the Telegraph Road frontage must be converted underground, consistent with plans approved by the City Engineer, Public Works Director and Community and Economic Development Director.
120. Prior to final inspection of improvements, the project Registered Civil Engineer shall submit certified original "record drawing" plans with three (3) sets of paper prints and the appropriate plan revision review fees to the City Engineer and Public Works Director along with electronic files in a format satisfactory to the City Engineer and Public Works Director. These "record drawing" plans must incorporate all plan revisions and all construction deviations from the approved plans and revisions thereto.

The plans must be "record drawings" on 24" X 36" Mylar® sheets (made with proper overlaps) with a City title block on each sheet. In addition, the applicant shall provide an electronic file update of the City's Master Base Map electronic file, incorporating all streets, sidewalks, streetlights, traffic control facilities, street striping, signage and delineation, storm drainage facilities, water and sewer mains, lines and appurtenances and any other utility facility installed for this project.
121. Prior to reduction of improvement bonds, the applicant must submit reproducible centerline tie sheets on 3-mil polyester film to the City Engineer and Public Works Director.
122. The applicant shall submit Street Improvement Plans, prepared by a California Registered Civil Engineer, detailing the horizontal and vertical design of Telegraph and Whipple Roads frontage improvements including curb, gutter, sidewalk, roadway pavement, drainage, signage, striping, utilities and other improvements. Plans shall include designs and details of existing and proposed sidewalk and driveway transitions compliant with the Americans with Disabilities Act (ADA) as well as disabled access provisions as contained in the latest edition of the California Building Code (CBC), as amended by the County of Ventura and the City of Santa Paula. Driveways and related transitions and connections to Telegraph and Whipple Roads shall be designed in accordance with County of Ventura, AASHTO and City of Santa Paula design requirements to accommodate design vehicles, associated turning movements, and required sight distance. Any existing frontage improvements (sidewalk, driveway(s), clearances around above-ground utility poles, utility boxes, etc.) shall be reviewed and upgraded as necessary to comply with disabled accessibility standards. Street Improvement Plans shall be submitted to the City Engineer and Public Works Director for review and approval prior to the issuance of a Grading Permit.
123. Design of Telegraph Road frontage improvements shall address the localized widening of Telegraph Road along the project frontage consistent with a 4-lane boulevard and a bike lane. Street improvements shall include, at minimum, half width street pavement, curb and gutter, curb ramps, transit stop with associated bus turnout, and drainage facilities. Street improvements 157
shall comply with Ventura County Road Standards and City of Santa Paula’s 2040 General Plan.
124. Prior to issuance of the first Building Permit the applicant shall complete required street improvements to Telegraph and Whipple Road project frontage.
125. The applicant shall submit a site disabled accessibility plan that addresses disabled access paths of travel connecting common areas, parking, public right of way and buildings per CBC. Site accessibility plan shall be reviewed and approved by the City Engineer and Community and Economic Development Director prior to the issuance of a Grading Permit. 126. The applicant shall maintain Whipple Road in service to adjacent property owners along Whipple Road throughout construction and grading operations.

Obstructions to access may result in the City issuing a Stop Work directive for site operations pending restoration of access to property owners. (Condition language revised as shown by B.Woodward/M6 05.10.2023)
Drainage and Hydrology
127. Prior to issuance of a Grading Permit, the applicant shall submit a drainage plan with calculations that analyze conditions before and after development, as well as potential development proposed, approved, or shown in the General Plan for the review and approval of the City Engineer and Public Works Director. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses must be addressed.
128. All storm water detention, retention, and impoundment facilities shall provide access for maintenance purposes. This includes, but is not limited to, maintenance access roads, vehicle and/or man gates, and adequate space to maneuver equipment.
129. If drainage is conveyed to or through adjacent properties, additional easements and/or approvals may be required prior to the issuance of a Grading Permit. 130. The applicant shall submit a Project Drainage Report, prepared by a California Registered Civil Engineer, to address existing and proposed hydrology, including offsite flow patterns which currently influence the project site. Report shall address developed hydrology associated with the site development, based on the provisions of the Ventura County Hydrology Manual and associated methodology, addressing both 10-year and 100- year existing and proposed drainage conditions, including provisions for the interception and conveyance of the 10-year design storm and flood hazards associated with the 100-year storm. Calculations for the mitigation of increased stormwater runoff shall be provided to support on-site detention facility sizing. Calculations shall address the detailing and sizing of 158
area drains, catch basins and storm drain laterals on site, and shall be coordinated with the project Storm Drain Plans. The Project Drainage Report shall be submitted to the City of Santa Paula Public Works Department for review and approval prior to the issuance of a Grading Permit. 131. Hydrology calculations must be per current Ventura County Standards, utilizing the VCRat software with site specific design parameters, and to the satisfaction of the City Engineer and Public Works Director prior to the issuance of a Grading Permit.
132. The applicant shall provide for the interception of tributary areas of offsite drainage to maintain existing drainage patterns for adjacent properties.

Onsite storm drain systems shall be designed to accommodate the interception and associated conveyance of such tributary offsite drainage to the satisfaction of the City Engineer and Public Works Director prior to the issuance of a Grading Permit.
133. The applicant’s engineer shall provide for detention of on-site storm drainage, based on either offsite storm drain capacity limitations or a ‘no net increase’ approach, whichever yields the greater volume or required detention. Such calculations shall be included in the Project Drainage Report to the satisfaction of the City Engineer and Public Works Director prior to the issuance of a Grading Permit.
134. Runoff coefficient values shall be reflective of final design conditions. Storm drain infiltration devices shall be sized accordingly to final runoff coefficient values. Such calculations shall be included in the Project Drainage Report to the satisfaction of the City Engineer and Public Works Director prior to the issuance of a Grading Permit.
135. Unless specifically approved by the City of Santa Paula, the project storm drain system shall be privately owned and maintained. Storm drain plans shall clarify that the project storm drain system is not to be maintained by the City of Santa Paula.
136. Prior to any Grading Permit issuance, the applicant shall obtain approval and/or permit, if applicable, from Caltrans for any storm water connection(s) and discharges into the Caltrans Channel. Any requirements for storm drain connection, including pipe size, type, allowable flow and associated detention shall be coordinated with the project plans and incorporated in the project drainage report.

National Pollutant Discharge Elimination System (NPDES) 137. Prior to the start of grading or any ground disturbance, the applicant shall identify a responsible person experienced in NPDES compliance who is acceptable to the City Engineer and Public Works Director. The designated NPDES person (superintendent) shall be present, on the project site Monday through Friday and on all other days when the probability of rain is forty 159
percent (40%) or greater and prior to the start of and during all grading or clearing operations until the release of grading bonds. The superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The superintendent shall be required to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings, and final landscaping of the site.
138. Development shall conform to the current requirements for the County’s MS4 permit for new development.
139. All storm water facilities shall conform to the most current Ventura County Technical Guidance Manual for Storm Water Quality Control Measures. 140. In-tract improvements shall incorporate Low Impact Development standards. 141. A State Storm Water Pollution Prevention Plan (SWPPP) is required for all ground disturbing activities that are greater than one acre. Prior to Grading Permit issuance, a Notice of Intent (NOI) and the SWPPP shall be filed with the State Water Resources Control Board, and a Waste Discharger Identification (WDID) number must be obtained.
142. Development shall conform to the current requirements for the County’s MS4 permit for new developments. The applicant’s engineer shall design required water quality mitigation features and related storm water mitigation volumes (Qpm) in accordance with the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures, NPDES and City requirements.

Calculations shall be submitted with the Project Drainage Report. All covenants shall be submitted to the City of Santa Paula Public Works Department for review and approval and be recorded prior to Grading Permit issuance.
143. Prior to the issuance of a Grading Permit applicant shall provide for the mitigation of the project’s storm water quality impacts. The applicant shall provide calculations for the sizing and location of devices intended to mitigate such impacts and coordinate the locations of required water quality treatment devices on the Storm Drain Plans. The details of the required devices shall be included in the Project Drainage Report and detailed on the project plans. 144. Prior to the issuance of any construction/Grading Permit and/or the commencement of any ground disturbing activities, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must address post-construction compliance with stormwater quality management regulations for the project.

The SWPPP, improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP 160
must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost-effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program, and submitted, with appropriate review deposits, for the review and approval of the City Engineer/Public Works Director. The proposed plan must also address all relevant NPDES requirements, maintenance measures, estimated life spans of Best Management Practices facilities, operational recommendations and recommendations for specific Best Management Practices technology, including all related costs. The use of permanent dense ground cover planting approved by the City Engineer/Public Works Director and Community and Economic Development Director is required for all graded slopes. Methods of protecting the planted slopes from damage must be identified. Proposed management efforts during the lifetime of the project must include best available technology. “Passive” and “natural” BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar “active” devices is not acceptable and may not be used without specific prior approval of the City Council. The use of any bioremediation, biological filtering of stormwater, and similar measures that operate without annual maintenance, and are failsafe, are required; that when maintenance is needed, they would present the need in an obvious fashion and will be maintainable in a cost effective and non-disruptive manner. As deemed appropriate for each project, the SWPPP must establish a continuing program of monitoring, operating and maintenance to:
a. Provide discharge quality monitoring.
b. Assess impacts to receiving water quality resulting from discharged waters.
c. Identify site pollutant sources.
d. Educate management, maintenance personnel and users, to obtain user awareness and compliance with NPDES goals.
e. Measure management program effectiveness.
f. Investigate and implement improved BMP strategies.
g. Maintain, replace and upgrade BMP facilities (establish BMP facility inspection standards and clear guidelines for maintenance and replacement).
h. Secure the funding, in perpetuity, to achieve items “a” through “g” above.
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Water
145. Prior to the issuance of the first building permits, the applicant shall submit proof of an approved application to the Santa Paula Basin Pumpers Association for a water allocation previously agreed upon between the Applicant and the Public Works Department. The water allotment quantity is based upon a formula of water rights per acreage of development, as determined by the Public Works Department.
146. Prior to the issuance of a Grading Permit the applicant shall submit a comprehensive water utility plan clarifying the connection and on-site water system.
147. Prior to the issuance of a Grading Permit all water system facilities and/or appurtenances shall be approved by the City of Santa Paula Water Division and the Public Works Department.
a. Water meters shall be sized per the latest California Plumbing Code. b. A separate irrigation meter is required. The landscaping and irrigation design shall meet the Mandatory Water Conservation guidelines. 148. Water system improvements must be constructed as approved by the City Engineer. These improvements will consist of the installation and test of backflow devices approved by the Ventura County Health Department.

Separate water services must be installed to serve all units and fire services.

The size of the fire services will be subject to approval of the Ventura County Fire Department. All services must be connected to the existing water main by a qualified person.
149. Unless specifically approved by the City of Santa Paula, the on-site water system shall be privately owned and maintained. Water plans shall clarify that the on-site water system is not to be maintained by the City of Santa Paula.
150. Prior to the first building permit, the applicant shall pay water in-lieu fees in accordance with SPMC.
151. Prior to the issuance of a first building permit, the applicant must pay the total estimated Public Works Water Capital Facilities Fees in accordance with SPMC.

Sewer
152. Prior to the issuance of a Grading Permit the applicant shall provide sewer impact study addressing the increased sewer contributions to the existing sewer main. Existing sewer shall be upsized as necessary to accommodate additional effluent.
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153. Prior to the issuance of a Grading Permit, the applicant shall provide comprehensive sewer plans detailing the on-site sewer system and connection at sewer main.
154. Unless specifically approved by the City of Santa Paula, the on-site sewer system shall be privately owned and maintained. Sewer plans shall clarify that the on-site sewer system is not to be maintained by the City of Santa Paula.
155. Prior to final inspection, and/or occupancy, the property must be connected to the public sewer system.
156. Sewer Connection Fee. First building permit, a separate sewer connection fee must be paid.
157. Prior to issuance of the first building permit, the applicant must pay the total estimated Public Works Sewer Capital Facilities Fees in accordance with SPMC.

SPECIAL CONDITION
Standard Requirement:
158. Indemnification. The Applicant shall to indemnify, protect, defend and hold the City harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures),damages, costs (including, without limitation, attorney’s fees), injuries, or liability (collectively, “Actions”) brought against the City that challenge, attack, or seek to modify, set aside, void, or annul, any action of. Or any approval issued by the City (including actions approved by the voters of the City) for or concerning Project No. 2022-CDP-01, whether such actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. 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. 2022-CDP-01, the Applicant agrees to defend the City (at the City’s request and with counsel satisfactory to the City), agrees to reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense, 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, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof.
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BEDROOM 2
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BEDROOM 2
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ELECTRICAL FIRE RISER BOILER BEDROOM 2 11'-0" X 13'-6" BATH 2 PATIO/ BALC. 12'-8" X 5'-6" BEDROOM 2 11'-0" X 13'-6" BEDROOM 2 11'-0" X 13'-6"

ELECTRICAL FIRE RISER PATIO/DECK PATIO/DECK ELECTRICAL RISER FIRE

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168
To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: AGREEMENT WITH THE SANTA PAULA UNIFIED SCHOOL DISTRICT

FOR AFTER SCHOOL YOUTH SPORTS PROGRAM AND ADOPTION OF
RESOLUTION NO. 7476 APPROVING A CHANGE TO THE

DEPARTMENT'S POSITION CONTROL LIST
Date: August 16, 2023
Agenda Item: 12.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to enter into a three-year Agreement with the Santa Paula Unified School District for After School Youth Sports Program.

2. Recognize $303,500 in new revenue and $303,500 in new expenditures in the General Fund.

3. Adopt Resolution No. 7476 amending the City's adopted FY 23-25 Position Control List.

Presented by: Gregory Barnes, Parks & Recreation Director BACKGROUND:

The Parks & Recreation Department has historically offered youth sports to the community; youth basketball and tee-ball as two examples. Participation has been good, but fees and the logistics of getting to practices have been barriers for some participants and families.

Over the past few years, the department has been exploring ways to expand its youth sports offerings and make them more accessible; both from a financial and geographical perspective.

Over the past few months, the School District and the Parks & Recreation Department have been in discussions on how to best formulate a partnership in order to offer various sports opportunities to the youth in the community and overcome those barriers.

Those discussions have culminated in the agreement that is before City Council this evening.

The attached agreement (EXHIBIT A) was presented to the Santa Paula Unified School District Board of Trustees at their regular meeting on August 9th, 2023. 169
ANALYSIS:

The Parks & Recreation Department, in partnership with the Santa Paula Unified School District, will offer three seasons of sports for youth in 3rd - 8th grade. Sports offered during the 23-24 school year will consist of flag football, cheer, basketball, and track. We anticipate adding additional sports in the coming school years, such as volleyball, micro soccer, and cross country.

In addition to the seven schools within the school district, the Parks & Recreation Department will offer individual registration for youth to participate through the City's Police Activities League (P.A.L.) program at both Teague and Las Piedras Park; we have also reached out to Briggs School, Olivelands Elementary, Saint Sebastian, Mupu School, and the Boys & Girls Club to invite them to participate in the program.

Beginning in the winter season, the department will also organize on campus mini camps for students to become familiar with other sports & recreation programs not offered as league play. These mini camps will consist of five-week sessions that rotate among the school sites.

Students / youth participating through their school or through the P.A.L. program will participate at no cost. Schools and organizations outside of the Santa Paula Unified School District or the Parks & Recreation Department will pay a $200 fee per team to participate in the league play.

This arrangement allows for most participants to practice at their school site, after school program, or neighborhood park and for a majority it will be at no cost. Again, eliminating that forementioned barrier for most.

The Parks & Recreation Department will also continue to offer Mighty Mights Sports to youth in grades K-2nd grade; offerings will include tee ball, basketball and flag football (FY 24-25).

The agreement also funds a full-time Recreation Program Coordinator. This position will be a three-year limited term position that aligns with the expiration of the agreement with the school district. The position could continue after three years if the school district chooses to extend the term of the agreement and agrees to provide the necessary funding.

This evening, staff is requesting City Council adopt Resolution No. 7476 approving the changes to the City's adopted FY 23-25 position control list by adding a limited term Recreation Program Coordinator and increasing the current FTE count from 3 to 4 coordinators.

STRATEGIC PLAN:

Approval of this item supports the City Council's goal of SPUSD Partnerships under section F, Objective #8, Work with the Santa Paula Unified School District to create a joint use agreement for school and city facilities.

Although this is not a joint use agreement for city and school district facilities, this is an opportunity to demonstrate how the two organizations continue to work together to better serve the community.
170
These successful partnerships will help with the ongoing discussions regarding joint use of school district and city facilities.

FISCAL IMPACTS:

The School District will be reimbursing the city up to $303,500 for costs related to the Youth Sports Program. Of this total, $75,000 will be for full-time staff expenses. The remaining balance is for part-time staff, equipment, supplies and other miscellaneous expenses. The following journal entries are needed:

Debit Credit
FT Salaries 100-5-1502-0XX $75,000
(various line items)
PT Salaries &
Contracts
100-5-1502-002 $40,000
Rec Programs (Prof
Svcs)
100-5-1502-209 $60,000
Supplies & Equipment 100-5-1502-129 $128,500
Grant Funding 100-4-1500-4279 $303,500
TOTAL $303,500 $303,500
OPTIONS:

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

1. Do not approve the agreement with the Santa Paula Unified School District.

If the agreement is not approved, the Parks & Recreation Department will revert back to its previous youth sports format of taking individual registration.

2. Provide alternate direction to staff.

ATTACHMENTS:
171
EXHIBIT A Youth Sports Agreement SPUSD 2023.pdf
Resolution No. 7476.docx
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EXHIBIT A

AGREEMENT FOR YOUTH SPORTS AND RECREATION PROGRAM

SERVICES BETWEEN

THE CITY OF SANTA PAULA AND

THE SANTA PAULA UNIFIED SCHOOL DISTRICT
This AGREEMENT is entered into this 1st day of August, 2023, by and between the CITY OF SANTA PAULA, a municipal corporation and general law city ("CITY") and the SANTA PAULA UNIFIED SCHOOL DISTRICT, a public school district organized pursuant to provisions of the California Education Code ("DISTRICT"). l. RECITALS. This Agreement is entered into with reference to the following facts and objectives:

A. The CITY and DISTRICT believe it is a benefit to the community to share resources and facilities in order to better serve the youth and offer a comprehensive youth sports and recreation program.

B. The CITY and DISTRICT (collectively, the “Parties”) agree to collaborate by offering Youth Sports and Recreation programs for elementary school participants during the traditional school year.

C. The Parties believe it is in the public interest to enter into this Agreement.

2. CITY'S RESPONSIBILITIES.

The CITY will coordiniate various youth sports and recreation programs throughout the school year at each elementary school; the middle school will be invited to participate in league play.

B. The CITY will be responsible for ordering all supplies and equipment needed for youth sports and recreation programs.

C. The CITY will assist the DISTRICT in recruiting volunteer coaches. The CITY will be responsible for all back ground checks and training of all volunteer coaches.

D. The CITY will invoice the DISTRICT by the 15th day of each month for services for the previous month.
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E. The CITY will submit an updated proposed budget to the DISTRICT by July 1st of each year.

3. DISTRICT'S RESPONSIBILITIES.

A. The DISTRICT will provide access to all elementary school, middle school and high school campuses for practices, games, recreation programs, related activities.

B. The DISTRICT will be responsible for providing all snacks to students during the program.

C. The DISTRICT is responsible for all costs associated with youth sports and recreation programming, including staff, contractors, supplies, and equipment. See attached BUDGET EXHIBIT A.

The DISTRICT will respond to the CITY’s proposed budget by August 1st of each year.

D. Any extra duties the DISTRICT requests of CITY staff will be at a rate of $130 for full-time staff and $45 per hour for part-time staff.

E. In the event of any question or dispute on the amount, DISTRICT will notify the CITY within fifteen days of receipt of invoice, and CITY will respond within fifteen days of the receipt of the inquiry to the DISTRICT contact as in 14, below.

4. PUBLIC RECORDS ACT. The Parties acknowledge that they are public entities subject to the Public Records Act (Government Code §§ 6250-6276.48) and that this Agreement, and documents ancillary to this Agreement, must generally be disclosed upon request. However, the Parties agree that student records are specifically excluded from disclosure under Government Code §§ 6254(c), 6254(k), 6276.40 and 6276.42. Accordingly, the Parties agree that such records will not be released except as otherwise provided by law.

5. TERM. The initial term of this Agreement will be from August 1, 2023, to June 30, 2026, unless terminated earlier pursuant to Section 5 of this Agreement.

6. TERMINATION. Except as otherwise provided, the Parties may terminate this Agreement at any time with or without cause. DISTRICT will pay CITY on a prorated basis for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that were not previously reimbursed up to the date of termination. CITY will provide all necessary 174

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documentation of services rendered to the District including but not limited to: time sheets for City full time and part time staff, logs or service records for educational or tobacco enforcement activities, and any documents needed as verification of service.

7. OWNERSHIP OF DOCUMENTS. All documents, data, studies, and reports prepared by DISTRICT relating to this Agreement are DISTRICT’S property.

DISTRICT will provide copies of said documents and materials to the CITY as requested, but will retain all original materials.

8. INDEMNIFICATION.

A. DISTRICT shall be responsible for all damages to persons or property that occur as a result of DISTRICT or its officers, agents, employees, independent contractors, and volunteers’ fault or negligence in connection with DISTRICT’S participation in the Summer Program. Further, DISTRICT shall indemnify and save harmless the CITY, its officers, agents, employees, independent contractors, and volunteers from all claims, suits, or actions of every name, kind, description, brought for, or on account of, injuries to or death of any person or damage to property arising from or related to the fault or negligence of DISTRICT, its officers, agents, employees, independent contractors, and volunteers in connection with the Summer Program.

CITY shall indemnify and save harmless DISTRICT, its officers, agents, employees, independent contractors, and volunteers from all claims, suits, or actions of every name, kind, description, brought for, or on account of, injuries to or death of any person or damage to property arising from or related to the fault or negligence of the CITY, its officers, agents, employees, independent contractors, and volunteers in connection with the Summer Program.

B. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

9. INSURANCE.

Each Party may utilize a program of self-insurance to meet the insurance requirements of this Agreement.

10. ASSIGNABILITY. DISTRICT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void.
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11. AUDIT OF RECORDS. Both the CITY and DISTRICT will maintain full and accurate records with respect to all services and matters covered under this Agreement. Both will have access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. Both the CITY and DISTRICT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.

12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to DISTRICT: If to CITY:

Superintendent City Manager
Santa Paula Unified School District City of Santa Paula 201 South Steckel Drive P.O. Box 569
Santa Paula, CA 93060 Santa Paula, CA 93061
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

13. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.

14. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties.

There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

15. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

16. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
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17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY.

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

19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed WILL irrespective of the date of its execution of delivery be deemed an original, and all such counterparts together constitute one and the same instrument.

20. CITY COUNCIL APPROVAL. This Agreement is subject to and conditioned upon approval and ratification by the Santa Paula City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.

21. SCHOOL DISTRICT GOVERNING BOARD APPROVAL. This Agreement is subject to and conditioned upon approval and ratification by the Governing Board of Trustees of the Santa Paula Unified School District. This Agreement is not binding upon the DISTRICT until executed by the appropriate DISTRICT official, acting in the authorized capacity.

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

23. STATEMENT OF EXPERIENCE. By executing this Agreement, DISTRICT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.

DISTRICT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that DISTRICT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.

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

Signatures on next page
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CITY OF SANTA PAULA SANTA PAULA UNIFIED SCHOOL DISTRICT _________________________ _________________________________________ Dan Singer Jeffrey Weinstein
City Manager Superintendent
ATTEST:
__________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
_______________________________
Monica Castillo, Interim City Attorney
178
EXHIBIT A Youth Sports Recreation Budget
2023-2024 Schoo Year
Personnel
Recreation Coordinator $ 75,000.00
Sports Officials / Part-Time Staff $ 40,000.00
Contracted Services
Recreation Programs $ 60,000.00
(i.e. Grasshopper Soccer, Tennis, Golf, Pickleball)
Supplies & Equipment
Awards $ 12,500.00
Game Equipment $ 18,500.00
School Site Equipment, Supplies, and Uniforms $ 97,500.00 $ 303,500.00
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RESOLUTION NO. 7476

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA AMEDING THE APPROVED FY 2023-25 BUDGET AND POSITION CONTROL LIST TO REFLECT

ONE ADDITIONAL LIMITED TERM FULL-TIME RECREATION PROGRAM

COORDINATOR
The City Council of the City of Santa Paula does resolve as follows:

SECTION 1: On June 21, 2023, the City Council adopted Resolution No. 7471 approving the City’s FY 2023-25 operating budget and position control list. The City Council now desires to amend the position control list as described in this Resolution.

SECTION 2: The City Council approved a three-year agreement with the Santa Paula Unified School District (SPUSD) for After School Youth Sport Programs.

SECTION 3: As part of the three-year agreement, the SPUSD will fund one limited term full-time Recreation Program Coordinator position for three-years.

SECTION 4: The City Council amends adopted FY 2023-25 budget and position control list to include one additional Recreation Program Coordinator position and increase the total FTE count from three to four positions.

SECTION 5: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 16th of August, 2023.
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Andy Sobel, Mayor
ATTEST:
______________________________
Julie Latshaw, City Clerk
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APPROVED AS TO FORM:
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Monica Castillo, Interim City Attorney
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Daniel Singer, City Manager
181
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: 2023 VENTURA COUNTY STORMWATER PERMIT IMPLEMENTATION

AND COST-SHARING AGREEMENT
Date: August 16, 2023
Agenda Item: 12.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute the 2023 Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement to Fund the Ventura Countywide Stormwater Quality Management Program.

Presented by:

Clete J. Saunier, Public Works Director
Gerhardt Hubner, MKN & Associates
BACKGROUND:

Since 1992, the City of Santa Paula (City) along with the other nine Cities, County and Ventura County Flood Control District (now Watershed Protection District or District) approved the concept of a single countywide Municipal Separate Storm Sewer System (MS4) Stormwater National Pollutant Discharge Elimination System or NPDES Permit (Permit).

Subsequently, the District (as the Permit’s Principal Permittee) entered into four separate District-zone-based implementation agreements with the ten Ventura County cities and the unincorporated areas of the county (Ventura Permittees). Collectively, these four agreements are known as the Implementation Agreement for the Ventura Countywide Stormwater Quality Management Program (Countywide Program).

This Implementation Agreement defines the cost sharing and methodology for using the District’s Benefit Assessment to fund the Countywide Program in their respective jurisdictions among the twelve (12) Ventura Permittees under the existing Benefit Assessment Program. In each subsequent fiscal year, the City approved its participation in funding the Countywide Program through the District’s Benefit Assessment Program as outlined in the Implementation Agreement.

Over the first sixteen years, the District implemented the requirements of the Countywide 182
Program’s administration, reporting, monitoring, and public outreach. At that time, the District provided the entire funding necessary to comply on behalf of all Ventura Permittees. Due to ever increasing costs, the Principal Permittee activities eventually exceeded collected revenues and on January 27, 2009 the original Implementation Agreement was amended to include a 50 percent cost share on the Principal Permittee requirements.

The additional program costs for the Principal Permittee as well as the Ventura Permittees’ costs associated with the 2010 Permit prompted further effort among the Ventura Permittees to equitably share the increased costs. The result of that effort was the current 2010 NPDES Implementation Agreement. In 2016, the 1st Amendment was approved to the 2010 Implementation Agreement extending the term of the 2010 Agreement for one year after a renewed Permit become effective. With the Los Angeles Regional Water Quality Control Board (LARWQCB) adopting a renewed Permit (2021 Regional MS4 Permit) on July 23, 2021, the Implementation Agreement was again extended a second time (2 nd Amendment to 2010
Implementation Agreement, Exhibit B). This 2
nd Amendment to the Agreement will expire on
September 11, 2023.

After the past success of the Countywide Program leveraging limited stormwater compliance funds to meet some of the Permit requirements, the Ventura Permittees collectively agreed to update the 2010 Implementation Agreement. Tonight, staff is recommending Council authorize the City Manager to sign the proposed 2023 Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement (2023 Implementation Agreement, Exhibit A).

The 2023 Implementation Agreement will supersede the 2010 Implementation Agreement.

ANALYSIS:

As noted above, on July 23, 2021, the LARWQCB adopted a Regional Phase I (MS4) Permit (Order No. R4-2021-0105) for Los Angeles and Ventura Counties. This 2021 Regional MS4 Permit has numerous requirements the City must fund and implement in order maintain and improve stormwater quality within the City and remain Permit compliant.

The 2023 Implementation Agreement maintains much of the 2010 Implementation Agreement but also updates the roles and responsibilities of the Management and Directors Committees; Countywide Program administration (activities set forth in Appendix A); responsibilities to budget and fund the Countywide Program through the cost sharing formula established among the Ventura Permittees; budget development and approval; benefit assessment collections and reconciliation; individual permit compliance and liability; makes the expiration date coincide with the Permit, and other agreement provisions.

The 2023 Implementation Agreement also reflects the 2021 MS4 Regional Permit with updated terms. References to “Principal Permittee” and “Co-Permittee” were eliminated and now refer to “parties,” or in some cases “City”, “County”, and the “District”. Additional language was included to clarify duties of the District regarding budget development approval and updates. The dispute resolution and termination of agreement sections were also updated for clarity.

Furthermore, the 2021 Regional MS4 Permit no longer designates the District as the Principal Permittee with specific Permit defined responsibilities. In previous discussions regarding the renewal of the Implementation Agreement, Permittees confirmed they wanted to continue the same cost sharing for Countywide program activities (50% paid by the District, 50% paid by 183
remaining Permittees proportional to their Benefit Assessment Units), and continue to have the District perform the Countywide monitoring and associated reporting, manage the Countywide Public Outreach contract, coordinate countywide compliance activities, chair the Management Committee, and act as the fiscal agent for Countywide contracts, among other duties.

A draft of the 2023 Implementation Agreement was distributed to the Ventura Permittees for legal review on May 22, 2023 and comments were due on June 19th. A revised draft incorporating accepted comments was sent out on July 10th for another round of review. On July 19
th, those revisions were incorporated and shared in the latest version of the 2023 Implementation Agreement. At the regular June 20, 2023 Ventura Countywide Stormwater Quality Management Program Management Committee meeting, the Committee unanimously voted to approve the 2023 Implementation Agreement and forward the 2023 Agreement to their respective boards and councils for further consideration and final approval.

Approval of the 2023 Implementation Agreement will continue to leverage the City’s limited funds for stormwater quality management with other Ventura Permittees, and the District’s assistance to the City in complying with certain Permit requirements such as:

1. Program Administration (Permit requirement coordination and understanding, liaison with LARWQCB, legal assistance, regional representation, special studies, grant, and funding options);

2. Stormwater Quality Monitoring (both City specific and receiving water, and data compilation);

3. Program Reporting (Countywide Annual Report preparation and submittal); and

4. Public Participation and Outreach Programs.

The effective date of the 2023 Implementation Agreement is September 12, 2023, and will expire on September 11, 2027 (one year after the 2021 MS4 Permit expires), unless the 2023 Implementation Agreement is terminated beforehand or extended by amendment.

The City’s legal counsel has reviewed the 2023 Implementation Agreement.

Staff recommends Council consider approving the 2023 Implementation Agreement (Exhibit B).

STRATEGIC PLAN:

This item is not a goal or objective in the City Council’s two-year Strategic Plan; however, by approving the 2023 Implementation Agreement, it will enable the City to continue leveraging its limited funds for stormwater quality management with other Ventura Permittees and the District's assistance to the City in complying with the regulatory requirements of the 2021 MS4 Permit.

FISCAL IMPACTS:

Proceeds from the City’s participation in the District’s Benefit Assessment Program will be used to fund the City’s participation for the activities contained in the 2023 Implementation Agreement. For example, the City’s contribution under the existing 2010 Implementation Agreement as amended, for this Fiscal Year 2023-24 is 1.43% of the total amount for the Countywide Program with the City’s share budgeted at $46,267. 184
Subsequent Fiscal Year amounts, and the City’s contribution to the Countywide Program will be developed each year in February as outlined in the 2023 Implementation Agreement, and then considered by the City Council as part of each year’s regular budget approval process.

OPTIONS:

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

1. Do not approve the 2023 Implementation Agreement discontinuing the City’s participation in the Countywide Program. This will result in additional City staff or professional contract services being needed to assume and complete the Implementation Agreement’s Countywide Program’s Permit requirements.

ATTACHMENTS:

Exhibit A -2023 Implementation Agreement with Appendix A.pdf Exhibit B - 2nd Amendment to 2010 Implementation Agreement.pdf 185

EXHIBIT B
Ventura County Stormwater Permit
Implementation and Cost Sharing Agreement
186

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VENTURA COUNTY STORMWATER PERMIT IMPLEMENTATION

AND COST-SHARING AGREEMENT
This "AGREEMENT" is made and entered into by and between the County of Ventura (the "COUNTY"), the Ventura County Watershed Protection District (the "DISTRICT"), and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley and Thousand Oaks (individually, a "CITY" and collectively, the "CITIES").

Hereinafter, the COUNTY, the DISTRICT, a CITY, and the CITIES may be referred to individually as a "PARTY" and collectively as the "PARTIES".

RECITALS
WHEREAS, Congress in 1987 amended Section 402 of the Federal Clean Water Act [33 U.S.C.A. 1342(p)] to require the federal Environmental Protection Agency ("EPA") to promulgate regulations for stormwater discharges; and
WHEREAS, the EPA regulations require a National Pollutant Discharge Elimination System (“NPDES”) permit for the discharge of stormwater into waters of the United States; and WHEREAS, the PARTIES each own and operate a municipal separate storm sewer system(s) ("MS4") that discharge stormwater and urban runoff into waters of the United States; and
WHEREAS, in 1992, the PARTIES jointly filed an application with the Los Angeles Regional Water Quality Control Board ("REGIONAL BOARD"), the state agency responsible for regulating water quality in Ventura County, for a NPDES permit covering their MS4s and stormwater discharges; and
WHEREAS, the REGIONAL BOARD in 1994 adopted Order No. 94-082, which regulated the PARTIES' MS4s and stormwater discharges; and
WHEREAS, the REGIONAL BOARD in 2000 replaced Order No. 94-082 with Order No. 00-108; and
WHEREAS, the REGIONAL BOARD on May 7, 2009 replaced Order No. 00-108 with Order No. 09-0057; and
WHEREAS, the REGIONAL BOARD on July 8, 2010 adopted Order No. 2010-0108, which replaced Order No. 09-0057, designated the PARTIES as “Co-Permittees”, and designated the DISTRICT as the “Principal Permittee”; and
WHEREAS, the REGIONAL BOARD on July 23, 2021 adopted Order No. R4-2021-0105 ("PERMIT"), which replaced Order No. 2010-0108, designates the PARTIES as “Co-Permittees”, and removes the designation of “Principal Permittee”; and WHEREAS, the Ventura County Watershed Protection District Act ("ACT") establishes the Ventura County Watershed Protection District Benefit Assessment Program ("BA PROGRAM"), which provides the DISTRICT the authority to levy and collect assessments on 187

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taxable real property to pay the costs and expenses of, among other things, stormwater control and preservation that is a common benefit to Ventura County; and WHEREAS, since 1992, the PARTIES have entered into a series of agreements ("IMPLEMENTATION AGREEMENT") that set forth their responsibilities to develop, implement, and fund the Ventura Countywide Stormwater Quality Management Program ("COUNTYWIDE PROGRAM"), an integrated stormwater discharge management program to comply with EPA and REGIONAL BOARD permits and regulations governing their MS4s and stormwater discharges and protecting and improving water quality in Ventura County; and WHEREAS, the IMPLEMENTATION AGREEMENT provides for the DISTRICT's collection of assessments on behalf of the PARTIES to fund the COUNTYWIDE PROGRAM through the BA PROGRAM; and
WHEREAS, the PARTIES have approved extensions of the IMPLEMENTATION AGREEMENT in order to provide for the ongoing administration and annual funding of the COUNTYWIDE PROGRAM; and
WHEREAS, the current IMPLEMENTATION AGREEMENT expires on September 11, 2023; and
WHEREAS, the PARTIES recognize that their continued cooperation to administer and fund the COUNTYWIDE PROGRAM is an integral part of ensuring their collective compliance with the PERMIT and thus is in their mutual best interests; and WHEREAS, given the July 2021 adoption of the PERMIT, the PARTIES desire to update the IMPLEMENTATION AGREEMENT as provided in this AGREEMENT to set forth their responsibilities for ongoing administration and continued funding of the COUNTYWIDE PROGRAM.

NOW, THEREFORE, the PARTIES agree as follows:

1. PURPOSE
A. This AGREEMENT is intended to establish the PARTIES' roles and responsibilities to administer and fund the COUNTYWIDE PROGRAM.

B. The PARTIES' roles and responsibilities to implement, administer, and fund any PERMIT compliance activities other than the COUNTYWIDE PROGRAM may be memorialized in separate agreements as needed.

2. MANAGEMENT COMMITTEE
A. There is established a Ventura County Stormwater Permit Management Committee ("MANAGEMENT COMMITTEE"), consisting of 12 members with one member representing each PARTY. PARTY representatives shall be appointed by either the legislative body or the public works director of each PARTY. All PARTY representatives appointed to serve on the MANAGEMENT COMMITTEE shall be senior level managers or staff. 188

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B. The MANAGEMENT COMMITTEE's primary objective is to review and direct the administration and funding of the COUNTYWIDE PROGRAM to assist with the PARTIES' compliance with the PERMIT. In this capacity, the MANAGEMENT COMMITTEE is responsible for directing, reviewing, and approving COUNTYWIDE PROGRAM work and budgets, including but not limited to those related to tasks and functions set forth in Appendix A, attached hereto and incorporated herein by this reference.

C. The MANAGEMENT COMMITTEE shall meet as needed but not less than quarterly.

D. The MANAGEMENT COMMITTEE will be chaired by the DISTRICT representative.

E. Each member of the MANAGEMENT COMMITTEE will have one vote for any motion. All budgetary motions must be approved by a 2/3 vote of the MANAGEMENT COMMITTEE (8 of 12), and any non-budgetary motion must be approved by majority vote (7 of 12).

F. In addition to the COUNTYWIDE PROGRAM, the MANAGEMENT COMMITTEE shall be responsible for directing and reviewing the activities, work, and budgets of any subcommittee, including but not limited to the BA PROGRAM.

3. DIRECTORS COMMITTEE
A. There is also established a Public Works Directors Committee ("DIRECTORS COMMITTEE"). The DIRECTORS COMMITTEE is composed of 12 members, consisting of the public works director of each CITY, the public works director of the COUNTY, and the director of the DISTRICT (collectively, "DIRECTORS").

B. The primary purpose and function of the DIRECTORS COMMITTEE is to hear and decide appeals of MANAGEMENT COMMITTEE actions and decisions.

4. COUNTYWIDE PROGRAM; ADMINISTRATION
A. Responsibility to Implement
i. The DISTRICT will implement and administer the COUNTYWIDE PROGRAM, which includes but is not necessarily limited to the activities and work set forth in Appendix A.
ii. The DISTRICT will retain all COUNTYWIDE PROGRAM- and PERMITrelated documents and records for no less than five (5) years and will provide copies of said records to any PARTY who requests them, and thereafter may dispose of such documents and records according to the DISTRICT's document retention policy, as may be amended from time to time. The PARTIES acknowledge that the Public Records Act (Gov. Code, § 7920.000 et seq.) applies to each of them, and the DISTRICT will respond to requests for records from any PARTY, the REGIONAL BOARD, the EPA, or the public consistent with the requirements of the Public Records Act. 189

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B. Responsibility to Fund
i. The PARTIES acknowledge that each of them is responsible to fund a portion of the budget for the performance of activities necessary to comply with the PERMIT and, by pooling their resources to implement and administer the COUNTYWIDE PROGRAM, each PARTY receives the benefit of better coordination and cost sharing for PERMIT compliance.
ii. COUNTYWIDE PROGRAM activities and work will be paid for by the DISTRICT with funds from the PARTIES. In accordance with this Section 4(B), the DISTRICT may use funds from the BA PROGRAM, funds to be deducted from the BA PROGRAM, or payments made directly by the PARTIES to fund COUNTYWIDE PROGRAM activities and work.
iii. The DISTRICT will pay 50% of the annual costs of the COUNTYWIDE PROGRAM, following adoption of a final annual budget by the MANAGEMENT COMMITTEE pursuant to Section 5(A).
iv. Collectively, the COUNTY and the CITIES will pay 50% of the annual costs of the COUNTYWIDE PROGRAM activities set forth in Appendix A, following adoption of a final annual budget by the MANAGEMENT COMMITTEE pursuant to Section 5(A). Individually, the COUNTY and each CITY will pay an amount of the annual costs they are collectively responsible for based on the proportional rate that each of them is assigned under the BA PROGRAM for the final annual budget adopted by the MANAGEMENT COMMITTEE pursuant to Section 5(A).

5. COUNTYWIDE PROGRAM; BUDGET AND FUNDING
A. By February 1 of each year, the DISTRICT will prepare and submit to the MANAGEMENT COMMITTEE a projected annual budget for the following fiscal year's administration of the COUNTYWIDE PROGRAM. The projected annual budget will include, but not be limited to, estimates for labor and fixed costs for COUNTYWIDE PROGRAM activities and work. The MANAGEMENT COMMITTEE shall review and discuss changes to the projected annual budget and thereafter approve a final annual budget prior to the start of the next fiscal year (July 1).

B. The DISTRICT will annually collect benefit assessments through the BA PROGRAM to be used to fund the COUNTYWIDE PROGRAM. By September 1 of each year, the DISTRICT shall notify the PARTIES of the assessments collected on their behalf via the BA PROGRAM during the prior fiscal year.

C. By October 1 of each year, the DISTRICT will apply the assessments collected via the BA PROGRAM during the prior fiscal year to satisfy the PARTIES' responsibility to fund the COUNTYWIDE PROGRAM unless a PARTY notifies the DISTRICT in writing by September 1 to return the BA PROGRAM assessments collected by the DISTRICT.

D. If, in any fiscal year, the DISTRICT collects assessments via the BA PROGRAM less than a PARTY's responsibility to fund the COUNTYWIDE PROGRAM, then the DISTRICT will invoice the PARTY for the balance of its responsibility to fund the COUNTYWIDE PROGRAM. Alternatively, if, in any fiscal year, the DISTRICT collects assessments via the BA 190

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PROGRAM more than a PARTY's responsibility to fund the COUNTYWIDE PROGRAM, then the DISTRICT will refund to the PARTY the difference between the BA PROGRAM assessments collected and the PARTY's responsibility to fund the COUNTYWIDE PROGRAM.

E. By September 1 of each year, the DISTRICT will prepare and provide to the MANAGEMENT COMMITTEE a report that reconciles COUNTYWIDE PROGRAM costs and expenditures against the annual budget approved by the MANAGEMENT COMMITTEE for the previous fiscal year.

F. The PARTIES, through the MANAGEMENT COMMITTEE, will work to identify and evaluate programs and opportunities to secure additional funding to implement programs and projects to satisfy their individual and collective compliance obligations under the PERMIT.

G. In the event additional funding is obtained for administration of the COUNTYWIDE PROGRAM, the PARTIES will, at a minimum, meet to determine whether the additional funding may be used to reduce the annual cost(s) of the COUNTYWIDE PROGRAM and/or each PARTY's annual responsibility to fund the COUNTYWIDE PROGRAM, and to revisit the cost-sharing formula set forth in this AGREEMENT.

6. INDIVIDUAL PERMIT COMPLIANCE
A. Each PARTY acknowledges that the PERMIT imposes regulatory requirements on its respective MS4, on its stormwater discharges, and/or within its jurisdiction that are not addressed or satisfied by the COUNTYWIDE PROGRAM, and therefore agrees that each PARTY is responsible for complying with PERMIT requirements applicable to its respective MS4, its stormwater discharges, and within its jurisdiction.

B. Nothing in this AGREEMENT prohibits any PARTY from entering into a separate agreement with another PARTY or PARTIES to jointly implement and administer activities, projects, and/or programs to comply with any PERMIT requirement(s) shared by or common to them. Such agreements may include the PARTIES' responsibility to pay for individual PERMIT compliance activities, projects, and/or programs, including a cost-sharing formula. Such agreements will not be appended to, but may reference, this AGREEMENT.

7. PERMIT NONCOMPLIANCE; INDIVIDUAL PARTY LIABILITY
Notwithstanding anything in this AGREEMENT to the contrary, each PARTY is solely responsible for all costs and liabilities related to any violation of or noncompliance with the PERMIT requirements applicable to its MS4, its stormwater discharges, and/or within its respective jurisdiction, including but not limited to the payment of penalties and interest and costs related to implementing corrective actions and providing a legal defense.

8. DISPUTE RESOLUTION
A. COUNTYWIDE PROGRAM. Any PARTY may appeal a decision of the MANAGEMENT COMMITTEE related to the COUNTYWIDE PROGRAM to the DIRECTORS COMMITTEE. All appeals must be submitted to the DISTRICT in writing within seven (7) calendar days of the MANAGEMENT COMMITTEE action or decision, identify the MANAGEMENT COMMITTEE action or decision appealed, and include any explanation or materials in support of the appeal. Upon receiving a written appeal, the DISTRICT shall promptly 191

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provide it to the DIRECTORS COMMITTEE for review and notify the MANAGEMENT COMMITTEE of the appeal at the next MANAGEMENT COMMITTEE meeting. Actions or decisions of the MANAGEMENT COMMITTEE will be reversed only upon a 2/3 vote of all DIRECTORS (and not merely upon a 2/3 vote of DIRECTORS present at any given DIRECTORS COMMITTEE meeting). Upon granting an appeal, the challenged MANAGEMENT COMMITTEE action or decision will be vacated and returned to the MANAGEMENT COMMITTEE for subsequent consideration and action (if any).

B. Individual PERMIT Compliance Activities. Disputes related to individual PERMIT compliance activities shall be decided by the PARTIES participating in those activities, including pursuant to any dispute resolution provisions included in any agreement amongst the participating PARTIES. The MANAGEMENT COMMITTEE and the DIRECTORS COMMITTEE have no authority to hear or settle disputes between PARTIES related to individual PERMIT compliance activities.

10. AMENDMENTS TO AGREEMENT
A. This AGREEMENT may be amended or modified if a separate written agreement is approved by the PARTIES, signed and approved by their respective legislative bodies, or in accordance with the delegated authority therefrom.

B. Any amendment or modification to this AGREEMENT that results in a person, PARTY, or firm other than the DISTRICT administering the COUNTYWIDE PROGRAM shall not be effective until 180 days after all PARTIES execute such amendment or modification.

C. The PARTIES will re-evaluate this AGREEMENT with the adoption of each new NPDES MS4 permit and prior to the finalization of any new major funding source for the COUNTYWIDE PROGRAM.

D. If the PERMIT is amended or revised during the term of this AGREEMENT (except in the case of adopting a new TMDL into the PERMIT), then the PARTIES may renegotiate the financial terms of this AGREEMENT.

11. WITHDRAWAL FROM THE AGREEMENT
A. Any PARTY may withdraw from this AGREEMENT upon giving at least 180 days’ written notice to the DISTRICT. The DISTRICT will notify the remaining PARTIES within 10 business days of receipt of any notice of withdrawal.

B. The withdrawing PARTY will remain responsible for paying the costs of COUNTYWIDE PROGRAM activities and work through the end of the fiscal year in which the withdrawal becomes effective.

C. Upon the effective date of a PARTY’s withdrawal, the withdrawing PARTY will be individually responsible for complying with all PERMIT requirements established by the REGIONAL BOARD.

D. Upon the effective date of a PARTY's withdrawal, cost allocations to the remaining PARTIES will be recalculated in the following fiscal year. 192

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12. FEDERAL AND STATE REGULATIONS AND GUIDELINES
The PARTIES intend this AGREEMENT to be consistent with the terms of all applicable federal and state stormwater permit regulations or guidelines as presently written, and as may be amended during the term of this AGREEMENT applicable to them. If any provision of this AGREEMENT conflicts with any federal or state regulation or guideline, then the federal or state regulation or guideline will take precedence, and all remaining provisions of this AGREEMENT will remain in force and effect.

13. TERM
This AGREEMENT will be effective September 12, 2023 and will expire one (1) year after the PERMIT expires unless the AGREEMENT is terminated beforehand pursuant to Section 14 or extended by an amendment approved pursuant to Section 10.

14. TERMINATION OF AGREEMENT
A. Notwithstanding anything herein to the contrary, this AGREEMENT may be terminated upon the written consent of two thirds (2/3) of the PARTIES. Any termination pursuant to this Section 14(A) will not be effective until the end of the fiscal year (July 1-June 30) in which the PARTIES decide to terminate this AGREEMENT.

B. If, during any term of this AGREEMENT, the PARTIES or the MANAGEMENT COMMITTEE select a person, PARTY, or firm other than the DISTRICT to administer the COUNTYWIDE PROGRAM, then the DISTRICT may terminate this AGREEMENT upon giving 180 days' written notice to PARTIES.

15. NOTICES
All notices and correspondence will be deemed duly given, if (a) sent by certified U.S.

Mail; (b) delivered by hand; (c) deposited in the U.S. Mail, postage prepaid and notice to the addresses of such mailing by phone immediately after deposit in the U.S. Mail; (d) emailed and notice to the recipient by phone immediately after sending the email (if email is provided in the below table); or (e) faxed to the receiving PARTY and confirmation by phone immediately after sending the fax. All notices and correspondence must be sent or delivered to the following:

Ventura County Watershed Protection District
Attn: Watershed Protection District Director
800 South Victoria Avenue
Ventura, CA 93009
PHONE: (805) 654-2040
FAX: (805) 654-3350
EMAIL:

County of Ventura
Attn: Public Works Director
800 South Victoria Avenue
Ventura, CA 93009
PHONE: (805) 654-2073
FAX: (805) 654-3952
EMAIL:

City of Camarillo
Attn: Public Works Director
601 Carmen Drive
Camarillo, CA 93010
PHONE: (805) 388-5307
FAX: (805) 388-5340
City of Fillmore
Attn: Municipal Services Director/Utilities
Engineer
250 Central Avenue
Fillmore, CA 93015
PHONE: (805) 524-3701
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EMAIL: [email protected] FAX: (805) 524-5707 EMAIL:

City of Moorpark
Attn: City Engineer/Public Works Director
799 Moorpark Avenue
Moorpark, CA 93021
PHONE: (805) 517-6255
FAX: (805) 532-2555
EMAIL:

City of Ojai
Attn: Public Works Director
401 South Ventura Street
Ojai, CA 93023
PHONE: (805) 646-5581 ext. 200
FAX:

EMAIL:

City of Oxnard
Attn: Public Works Director
305 West Third Street
Oxnard, CA 93030
PHONE: (805) 385-8280
FAX: (805) 385-7907
EMAIL: [email protected]
City of Port Hueneme
Attn: Public Works Director
250 North Ventura Road
Port Hueneme, CA 93041
PHONE: (805) 986-6568
FAX: (805) 986-6660
EMAIL:

City of San Buenaventura
Attn: Public Works Director
501 Poli Street
Ventura, CA 93001
PHONE: (805) 654-7800
FAX: (805) 652-0865
EMAIL:

City of Santa Paula
Attn: Public Works Director
P.O. Box 569
Santa Paula, CA 93061-0569
PHONE: (805) 933-4212
FAX: (805) 525-3742
EMAIL:

City of Simi Valley
Attn: Public Works Director
2929 Tapo Canyon Road
Simi Valley, CA 93063
PHONE: (805) 583-6786
FAX: (805) 583-6300
EMAIL:

City of Thousand Oaks
Attn: Public Works Director
2100 Thousand Oaks Blvd.

Thousand Oaks, CA 91362
PHONE: (805) 449-2457
FAX: (805) 449-2475
EMAIL: [email protected]

16. ASSIGNMENT
A PARTY may assign its rights and obligations under this AGREEMENT only with the written consent of every other PARTY, which consent may not be unreasonably withheld.

17. SUCCESSORS IN INTEREST
Except as otherwise provided herein, this AGREEMENT will inure to the benefit of and be binding upon the successors and assigns of the PARTIES. Except as expressly set forth herein, this AGREEMENT is not intended to benefit any person or entity that is not a PARTY to this AGREEMENT.

18. SECTION HEADINGS
Headings at the beginning of each numbered section of this AGREEMENT are solely for convenience and are not a material part of this AGREEMENT. 194

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19. NO AGENCY CREATED
Nothing in this AGREEMENT is intended to create a separate entity or agency and no PARTY to this AGREEMENT is the agent of any other PARTY and nothing in this AGREEMENT will be construed as permitting or authorizing any PARTY to this AGREEMENT to act in any capacity as an agent of the other except as expressly provided herein. Notwithstanding the foregoing, the PARTIES acknowledge that they are entering into this AGREEMENT for their mutual benefit, and the PARTIES agree to execute such further agreements and documents and take such further actions as may be reasonably necessary to implement this AGREEMENT.

20. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding of the PARTIES with respect to the matters contained herein, and it supersedes all prior oral and written agreements or understandings between the PARTIES with respect to the matters contained herein (including all prior IMPLEMENTATION AGREEMENTS).

21. SEVERABILITY
The invalidity in whole or in part of any provision of this AGREEMENT will not void or affect the validity of the other provisions of this AGREEMENT.

22. INTERPRETATION
The language in all parts of this AGREEMENT will be construed under the laws of the State of California according to its normal and usual meaning and not strictly for or against any PARTY. Exclusive venue for any action involving this AGREEMENT is in Ventura County. In the event of litigation in a United States District Court, exclusive venue is the Central District of California.

23. AUTHORITY TO EXECUTE AGREEMENT
Each PARTY covenants that the individual executing this AGREEMENT on its behalf is duly authorized and empowered to execute this AGREEMENT on behalf of the PARTY.

24. EXECUTION IN COUNTERPARTS
This AGREEMENT may be executed and delivered in any number of counterparts or copies by the PARTIES. When each PARTY has signed and delivered at least one counterpart to the other PARTIES, each counterpart will be deemed an original, and taken together, will constitute one and the same AGREEMENT, which will be binding and effective as to all the PARTIES.

25. ELECTRONIC SIGNATURES
The PARTIES agree that this Agreement may be transmitted and signed by electronic or digital means by either/any or both/all PARTIES and that such signatures shall have the same force and effect as original signatures in accordance with Government Code section 16.5 and Civil Code section 1633.7.
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IN WITNESS WHEREOF, the PARTIES, duly authorized on behalf of their governing authorities, have executed this Agreement as of the last date written below.

VENTURA COUNTY WATERSHED

PROTECTION DISTRICT
By:

Name:

Title:

Date:

COUNTY OF VENTURA
By:

Name:

Title:

Date:

CITY OF CAMARILLO
By:

Name:

Title:

Date:

CITY OF FILLMORE
By:

Name:

Title:

Date:

CITY OF MOORPARK
By:

Name:

Title:

Date:

CITY OF OJAI
By:

Name:

Title:

Date:

CITY OF OXNARD
By:

Name:

Title:

Date:

CITY OF PORT HUENEME
By:

Name:

Title:

Date:

CITY OF SAN BUENAVENTURA
By:

Name:

Title:

Date:

CITY OF SANTA PAULA
By:

Name:

Title:

Date:

CITY OF SIMI VALLEY
By:

Name:

Title:

Date:

CITY OF THOUSAND OAKS
By:

Name:

Title:

Date:
196

APPENDIX A
Countywide Program Activities and Responsibilities

Page 1 of 2 ends

APPENDIX A

VENTURA COUNTY STORMWATER PERMIT IMPLEMENTATION

AND COST-SHARING AGREEMENT

COUNTYWIDE PROGRAM ACTIVITIES AND RESPONSIBILITIES
The DISTRICT will perform and provide the following COUNTYWIDE PROGRAM activities, services, and/or work on behalf of the PARTIES:

1. MANAGEMENT COMMITTEE Administration
• Convene, chair, staff and provide administrative support (e.g., preparation of meeting agenda and minutes) for MANAGEMENT COMMITTEE meetings.
• Set time schedules for the performance of activities. • Provide the REGIONAL BOARD information related to the COUNTYWIDE PROGRAM.
• Track and update the PARTIES on REGIONAL BOARD and EPA regulations and guidance.
• Participate as a member, on behalf of the PARTIES, in the Southern California Coastal Water Research Project (SCCWRP), California Stormwater Quality Association (CASQA), and Southern California Stormwater Monitoring Coalition (SMC).
• Prepare legislative and regulatory response/comment letters on behalf of the PARTIES.
• Distribute materials and information related to the PERMIT to the PARTIES as needed.

2. PERMIT and COUNTYWIDE PROGRAM Administration
• Provide technical and administrative support related to implementation of the PERMIT.
• Serve as liaison between the PARTIES and the REGIONAL BOARD • Procure contractors and consultants for administration of the COUNTYWIDE

PROGRAM
o The Management Committee may direct the DISTRICT to procure any work, services, goods, or materials greater than $50,000 through a competitive process. • Provide technical leadership on the COUNTYWIDE PROGRAM and compliance with PERMIT requirements.
• Prepare legislative and regulatory response/comment letters on behalf of the PARTIES.
• Provide public outreach on PERMIT requirements, including, at a minimum, public outreach that satisfies the PERMITS public outreach elements and requirements. 197

APPENDIX A
Countywide Program Activities and Responsibilities

Page 2 of 2 ends

3. Fiscal and Accounting
• Prepare and track annual budgets for the COUNTYWIDE PROGRAM. o By February 1 each year, a projected annual budget by activity will be prepared for implementation of the following fiscal year's COUNTYWIDE PROGRAM, including but not limited to labor and fixed costs, for the MANAGEMENT COMMITTEE's review and approval.
o Accounting tracking mechanisms will be implemented to report and describe annual COUNTYWIDE PROGRAM expenditures and the PARTIES' annual contributions/payments (including revenues collected for each PARTY through the BA PROGRAM.
o Each year, COUNTYWIDE PROGRAM expenditures will be reconciled against the approved budget. Funds not expended for the COUNTY WIDE PROGRAM will be refunded to the PARTIES in the subsequent fiscal year. • Coordinate and manage the collection of assessments per the BA PROGRAM on behalf of the PARTIES participating in the BA PROGRAM.

4. Monitoring and Reporting
• Implement COUNTYWIDE PROGRAM monitoring, including but not limited to stormwater outfall-based monitoring, mass emission/receiving water monitoring. o NOTE: The PARTY, person, or firm administering the COUNTYWIDE PROGRAM shall not be responsible for total maximum daily load ("TMDL") monitoring and non-stormwater discharge screening and monitoring. • Compile and submit annual and monitoring reports related to the COUNTYWIDE PROGRAM.
• Prepare Reports of Waste Discharge (ROWD).
• Coordinate the PARTIES review of all reports and materials to be submitted to the REGIONAL BOARD or other local governments and regulatory agencies. • Provide the PARTIES trainings on the PERMIT, the COUNTYWIDE PROGRAM, and the preparation of annual and monitoring reports related to the COUNTYWIDE PROGRAM as needed.
198

EXHIBIT A
Second Amendment to NPDES Implementation Agreement
for VC Stormwater Quality Management Program
199
1 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM This “Second Amendment” is made and entered into by and between the County of Ventura (“County”); the Ventura County Watershed Protection District (“District”); and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, and Thousand Oaks (collectively, the “Cities”). Hereinafter, the County, the District, and the Cities may be referred to collectively as the “Parties.”

RECITALS
A. The Parties currently implement and administer the Ventura County Stormwater Quality Management Program (the “Program”) pursuant to an agreement, and an amendment thereto, approved by the Parties on or about July 17, 2010, and on or about May 10, 2016, respectively (collectively, the “Implementation Agreement”).

B. Among other things, the Implementation Agreement generates funds for the implementation and administration of the Program through the District’s benefit assessment program.

C. The Program is a requirement of the National Pollutant Discharge Elimination System (“NPDES”) permit issued by the Los Angeles Regional Water Quality Control Board (“Regional Water Board”), with its adoption of Order No. R4-2010-0108, for the discharge of stormwater and urban runoff from the Parties’ respective municipal separate storm systems in Ventura County (“2010 NPDES Permit”).

D. The 2010 NPDES Permit, as administratively amended by Regional Water Board Order Nos. R4-2012-0175 and R4-2014-0024, was superseded by the issuance of a new NPDES permit with the adoption of Regional Water Board Order No. R4-2021- 0105 (“2021 NPDES Permit”).

E. The 2021 NPDES Permit became effective on September 11, 2021, and the Implementation Agreement remains in effect until one (1) year after the effective date of the 2021 NPDES Permit (September 11, 2022).

F. The Parties desire to amend the Implementation Agreement to extend its term to allow the Parties sufficient time to negotiate a new implementation agreement that will govern their respective roles and responsibilities under the 2021 NPDES Permit.

NOW, THEREFORE, in consideration of the foregoing recitals, each of which is incorporated herein as if fully set forth below, the Parties agree as follows:

1. Notwithstanding any provision in the Implementation Agreement to the contrary, the Implementation Agreement shall continue in effect until September 11, 2023, or until otherwise terminated pursuant to the Implementation Agreement. 200
2 2. Until the Implementation Agreement expires or terminates as set forth herein, the District shall continue to be designated the “Principal Permittee” and the remaining Parties shall continue to be designated “Co-Permittees” under the Implementation Agreement.

3. Except for the amendments and modifications described in this Second Amendment, all other terms and conditions of the Implementation Agreement shall remain in effect.

4. This Second Amendment may be executed in any number of counterparts, each of which shall constitute an original, and all of which taken together shall constitute one and the same instrument.

5. The Parties agree that this Second Amendment may be transmitted and signed by electronic or digital means by any or all parties and that such signatures shall have the same force and effect as original signatures in accordance with California Government Code Section 16.5 and California Civil Code Section 1633.7.

IN WITNESS WHEREOF, the Parties have executed this Second Amendment through their duly authorized representatives as of the dates set forth below. 201

SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM County of Ventura Signature Page

COUNTY OF VENTURA
~~:l2~r0~
Chair, Board of Supervisors
County of Ventura
ATTEST:

SEVETJOHNSON
Interim Clerk of the Board of Supervisors
County of Ventura, State of California
4 202

SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM Ventura County Watershed Prot.ection District Signature Page IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT on the day and date below written.

Chair, Board of Supervisors
Ventura County Watershed Protection District
ATTEST:

SEVETJOHNSON
Interim Clerk of the Board of Supervisors
Ventura County Watershed Protection District
County of Ventura, State of California
3 203
5 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Camarillo Signature Page

CITY OF CAMARILLO
Shawn Mulchay, Mayor Date
City of Camarillo
ATTEST:
_________________________________
Kristy Buxkemper, City Clerk

APPROVED AS TO FORM:

Office of City Attorney:
_______________________________
City Attorney
Agreement No. 2010-58B
07 / 19 / 2022
204
6 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Fillmore Signature Page

CITY OF FILLMORE
Diane McCall, Mayor Date
City of Fillmore
ATTEST:
_________________________________
Olivia Carrera Lopez, City Clerk
APPROVED AS TO FORM:

Office of City Attorney:
_______________________________
Tiffany Israel, City Attorney
05 / 25 / 2022
Doc ID: 7432fc6e87b1ea6342177dd2e7e43a5b798d1f3c
205
206

SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT VENTURA COUNTYWIDE STORMWATER QUALITY

MANAGEMENT PROGRAM
City of Ojai Signature Page

CITY OF OJAI
Betsy Stix, Mayor
City of Ojai
ATTEST:
1,
Gail Da i-§, Deputy City Clerk
APPROVED AS TO FORM:

Office of City Attorney:

Matthew Summers, City Attorney
./456 1-fi ;71( 262Z
Date
Agreement No. 2010-58B
City Council Resolution No. 22-46 Exhibit A

Page 3 of 3 ends

208
209
210
3 G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt

SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Simi Valley Signature Page

CITY OF SIMI VALLEY
Keith L. Mashburn, Mayor Date
City of Simi Valley
ATTEST:

Lucy Blanco, City Clerk
APPROVED AS TO FORM:

Office of City Attorney:

David L. Caceres, City Attorney
DocuSign Envelope ID: 6D2C5364-E572-4F43-8B67-A18B196443D0 6/30/22
211
212
213

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM This AGREEMENT is between the County of Ventura hereinafter referred to as COUNTY, the Ventura County Watershed Protection District hereinafter referred to as DISTRICT and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley and Thousand Oaks, hereinafter collectively referred to as CITIES, with respect to the following matters:

RECITALS
Whereas, Congress in 1987 amended Section 402 of the Federal Clean Water Act [33 U.S.C.A. 1342(p)] to require the federal Environmental Protection Agency (EPA) to promulgate regulations for stormwater discharges; and
Whereas, these regulations require the control of pollutants for stonnwater discharges by requiring a National Pollutant Discharge Elimination System ("NPDES") permit for the diSCharge of stormwater into waters of the United States; and Whereas, the CITIES, the COUNTY and the DISTRICT entered into a series of agreements beginning in 1992 ("Implementation Agreements") to fund and develop an integrated stonnwater discharge management program with the objective of protecting and improving water quality in Ventura County; and
Whereas, pursuant to the Implementation Agreements, the CITIES, the COUNTY, and the DISTRICT jointly filed an application with the Los Angeles Regional Water Quality Control Board (Regional Board) for a NPDES permit; and
Whereas, the Regional Board in 1994 adopted Order No. 94-082 which regulated stonnwater discharges in Ventura County; and
Whereas, the Regional Board in 2000 replaced Order No. 94-082 with Order No. 00- 108; and
Whereas, the Regional Board on May 7,2009 replaced Order No. 00-108 with Order No. 09-0057; and
Whereas, the Regional Board on July 8, 2010 adopted Order No. 2010-0108 (PERMIT), which designates the CITIES, the COUNTY and the DISTRICT as "Co-Pennittees" and designates the DISTRICT as the "Principal Permittee;" and Whereas, the Implementation Agreements provide, among other things, for the funding ofNPDES program requirements through the DISTRlCT's Benefit Assessment Program; and 1-9
214
Whereas, the CITIES, the COUNTY, and the DISTRICT have approved annual extensions of the hnplementation Agreements in order to provide· annual funding for NPDES program requirements; and
Whereas, the latest extension of the Implementation Agreements will expire on June 30,2010; and
Whereas, the CITIES, the COUNTY, and the DISTIRCT mutually desire to modify, among other things, the cost share provisions under the Implementation Agreement in accordance with changes to the NPDES Program while preserving the Benefit Assessment Program as a source of funding for the program; and
Whereas, cooperation among the CITIES, the COUNTY and the DISTRICT to jointly implem~nt a Countywide NPDES Stormwater Program is in the best interests of the CITIES, the COUNTY and the DISTRICT; and
Whereas, the CITIES, COUNTY and DISTRICT also operate municipal storm drain systems and discharge stormwater and urban runoff pursuant to the PERMIT; and Whereas, the CITIES, COUNTY and DISTRICT as Co-Permittees have obtained, renewed and complied with the PERMIT; and
Whereas, the PERMIT requires the Co-Permittees to coordinate the development and implementation of a stormwater quality management program.

NOW, THEREFORE, the parties do mutually agree as follows:

1. PURPOSE: This AGREEMENT establishes the rights and responsibilities of each party with respect to funding and compliance with the PERMIT.

2. CONDUCT OF VENTURE: The responsibilities of the CITIES, COUNTY and DISTRICT are as described in the PERMIT and as described below:

A. Each Co-Permittee is independently responsible for complying with the requirements of the PERMIT within its own jurisdiction and complying with any individual enforcement actions pertaining to permit violations issued by the Regional Board.

B. The Ventura Countywide Stormwater Quality Management Program (PROGRAM) will be managed by a Management Committee (COMMITTEE).

The COMMITTEE will be composed of twelve (12) members; one representative of each of the CITIES, COUNTY, and the DISTRICT. The COMMITTEE will be the principal forum for directing the activities of PROGRAM. The COMMITTEE will be chaired by the representative of the Principal Permittee named in the PERMIT.

C. Each member of the COMMITTEE will have one vote for any motion. Any budgetary motion must be approved by a 2/3 majority vote of the COMMITTEE (8 of 12), and any non-budgetary motion must be approved by majority vote. 2·9
215
D. Rules governing the efficient operation of the PROGRAM (Appendix A) and COMMITTEE (Appendix B), including the definition of Co-pennittee activities, Principal Permittee activities (Administration, Reporting, Monitoring.

Countywide Outreach), as defined by the C9MMITTEE are incorporated herein and attached as appendices. The Public Works Directors Committee (DIRECTORS) will be composed of 12 members; the Public Works Director of each of the ten CITIES, the County's Public Works Director, and the District's Director, or their designees.

E. The DISTRICT, in addition to being a Co-Permittee, performs the services of the Principal Permittee. If there should be a transition 'of any Principal Permittee service(s) to another service provider, it is the intent of the Co-Permittees that a reasonable time period be required to enable a smooth transition of those services that minimizes the DISTRICT's loss in either infrastructure or staff levels. For external expenses of tasks over $50,000, Co-Permittees have the option of directing the Principal Permittee to go through a competitive process for choosing the method of delivery of services.

F. DISPUTE RESOLUTION: Any COMMITTEE member may appeal any formal decision ofthe COMMITTEE to the DIRECTORS.

All appeals brought to the DIRECTORS must be decided by a 2/3 majority vote of the DIRECTORS.

3. FINANCIAL RESPONSIBILITIES: COMMITTEE-approved activities performed by the Principal Permittee benefit all of the Co-Permittees. By pooling resources, the Co-Pennittees benefit from cost sharing and better coordination of permit-required activities. Each of the Co-Permittees has a responsibility to fund a portion of the budget for services performed by the Principal Permittee. Principal Permittee activities, in general, consist of the following: program administration/coordination, reporting, monitoring and public outreach. In addition, those activities not included in the annually approved Principal Permittee budget (for instance, those activities specific to one party) are not the responsibility of the Co-Permittees.

A. Principal Permittee Costs - The DISTRICT will pay 50% of the Principa't Permittee cost, annually, with one exception: for Fiscal Year (July 1 through June 30; Fy) 2010-2011, the DISTRICT will contribute 50% up to, but not exceeding, one million dollars ($1,000,000). If the Principal Permittee costs for FY 2010- 2011 exceed two million dollars ($2,000,000), those excess costs will be shared among the CITIES and COUNTY, as described in subsection 3.B.i.

B. Co-Permittee Costs

1. CITIES and COUNTY will pay the cost for approved Principal Permittee expenses, less the DISTRICT's cost share, per subsection 3.A., proportional to the current Benefit Assessment Unit (BAU) ratios. The BAU ratios are updated annually according to the County Assessor's records. 3-9
216
ii. All Co-Permittees will pay their own costs for Co·Permittee activities not assigned to the Principal Permittee.
iii. The CITIES and COUNTY will investigate alternatives to the BAU costsharing method and, in good faith, discuss and try to reach consensus, on maintaining the current method for cost ·sharing, or amending this AGREEMENT to initiate an alternative cost-sharing method. The investigation and discussion will take place in FY 2010-2011 with the goal to reach a consensus by April 1, 2011, so an amendment, if necessary, can be prepared to be approved by all the Co-Permittees and implemented on July 1,2011, for FY 2011-2012 and beyond.

4. FUNDING SOURCES
A. Co-Permittees may continue to fund requirements described in Section 3 through the DISTRICT's Benefit Assessment Program in accordance with annual requests submitted to the DISTRICT. Each annual request must be supported by a program description, budget, and such other information reasonably requested by the DISTRICT. The Co-Permittees' share of the Principal Permittee budget may be deducted from the proceeds of the Benefit Assessment Program or by payment to DISTRICT. Co-permittees must notify DISTRICT by February 1 of each year of their preferred method.

B. The Co-Permittees will collaborate with the DISTRICT, and invite them to participate in additional funding source(s) for activities to comply with Order No. 2010-0108.

5. RECORDS AND ACCOUNTING: By February 1 st of each year, the Principal Permittee must prepare a projected detailed annual budget by activity, including but not limited to, labor and fixed costs for COMMITTEE review and approval for the following fiscal year.

A. The Principal Permittee must implement accounting tracking mechanisms in order to report and describe contributions and expenditures annually.

B. Each year Principal Permittee expenditures will be reconciled against the approved budget. Any unexpended Principal Permittee funds will be refunded to the Co-Permittees in the subsequent year.

C. The Principal Permittee will retain all permit-required documents and fiscal records for five years, and make available for review by any Co-Permittee, the Regional Bo~d andlor the USEPA.

6. FINANCIAL IMPLEMENTATION DATE: The financial aspects of this AGREEMENT will take effect on July 1,2010.

7. AMENDMENTS TO AGREEMENT: This AGREEMENT will be re-evaluated with each new NPDES permit and prior to the finalization of any new major PROGRAM funding source. This AGREEMENT may be amended by written consent of the Co4-9 217
Permittees, signed and approved by the governing body of each Co-permittee. Any amendment must comply with the requirements and regulations set forth by the Regional Board. Should, during the AGREEMENT tenn, Order No. 2010-0108 be revised, the parties will have the right to call for renegotiating the financial terms described in this AGREEMENT. Revision of Order No. 2010-0108 through a TMDL reopener process (incorporation of newly adopted TMDLs into the Order) are not considered for these purposes a call for renegotiation.

8. NON-COMPLIANCE WITH PERMIT: Any Co-permittee or Principal Permittee not in compliance with the PERMIT within its jurisdiction or scope of responsibility will be solely responsible for any lawfully assessed penalties.

9. APPENDAGE OF AGREEMENT: Any Co-permittee may negotiate a separate AGREEMENT with other Co-Permittees or with all Co-Permittees regarding stormwater/urban runoff discharge management issues. Such agreements will not be appended to this AGREEMENT however, they may reference this AGREEMENT.

10. WITHDRAWAL FROM THE AGREEMENT: A Co-Permittee may withdraw from this AGREEMENT after giving at least 180 days' written notice of withdrawal to the Principal Permittee and the Regional Board. The Principal Permittee must notify the remaining Co-Permittees within ten (10)-business days of receipt of such notice.

A. The withdrawing Co-Permittee must obtain a separate Stonnwater NPDES permit prior to withdrawal and comply with all permit requirements established by the Regional Board. Any withdrawing Co-permittee will be responsible for its share of Principal Permittee and shared costs for the remainder of the budget year of withdrawal.

B. The withdrawing Co-Permittee will be solely responsible for all lawfully assessed penalties as a consequence of withdrawal. The cost allocations to the remaining Co-Permittees will be recalculated in the following budget year.

12. EXECUTION IN COUNTERPARTS: This AGREEMENT may be executed and delivered in any number of counterparts or copies by the parties. When each party has signed and delivered at least one counterpart to the other parties, each counterpart will be deemed an original, and taken together, will constitute one and the same AGREEMENT, which will be binding and effective as to all the parties.

13. FEDERAL AND STATE GUIDELINES: This AGREEMENT is meant to be consistent with the terms of all applicable Federal and State permit regulations or guidelines as presently written and as may be amended during the term of this AGREEMENT. If any provision of this AGREEMENT conflicts with any Federal or State permit regulation or guideline, the guideline will take precedence. All provisions, which remain consistent, will remain in force and effect.

14. TERM: This AGREEMENT will become effective upon approval of all 12 CoPermittees and will continue in effect until the term of the Permit issued by the Board on July 8,2010 (Order No. 2010-0108) expires, or until terminated in the manner provided for in this AGREEMENT.
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15. TERMINATION OF AGREEMENT: A 2/3 majority (8 of 12) of the Co-Permittees may terminate this AGREEMENT by mutual written Consent.

16. NOTICES: All notices and correspondence will be deemed duly given, if (a) sent by certified U.S. mail; (b) delivered by hand; (c) deposited in the U.S. mail, postage prepaid and notice to the addresses of such mailing by phone immediately after deposit in the U.S. mail; (d) emailed and notice to the recipient by phone immediately after sending the email; or (e) faxed to the Principal Permittee and confinuation by phone immediately after sending the fax. All notices and correspondence must be sent or delivered to the following respective addresses or phone numbers of the parties:

Ventura County Watershed Protection District
800 South Victoria Avenue
Ventura, CA 93009
Attn: Director of Watershe~ Protection District
Phone: (805) 654-2040; Fax (805) 654-3350
County of Ventura
800 South Victoria Avenue
Ventura, CA 93009
Attn: Director of Public Works
Phone: (805) 654-2073; Fax (805) 654-3952
City of Camarillo
601 Carmen Drive
Camarillo, CA 93010
Attn: Director of Public Works
Phone: (805) 388-5307; Fax (805) 388-5318
City ofFillrnore
250 Central Avenue
Fillmore, CA 93015
Attn: Director of Public Works
Phone: (805) 524-3701; Fax (805) 524-5707
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City EngineerlPublic Works Director
Phone: (805) 517-6255; Fax (805) 532-2555
City ofOjai
401 South Ventura Street
Ojai, CA 93023
Attn: Director of Public Works
Phone: (805) 640-2560; Fax (805) 640:2571
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City of Oxnard
305 West Third Street
Oxnard, CA 93030
Attn: Director of Public Works
Phone: (805) 385-8280; Fax (805) 385-7907
City of Port Hueneme
250 North Ventura Road
Port Hueneme, CA 93041
Attn: Director of Public Works
Phone: (805) 986-6568; Fax (805) 986-6660
City San Buenaventura
501 Poli Street
Ventura, CA 93001
Attn: Director of Public Works
Phone: (805) 654-7800; Fax: (805) 652-0865
City of Santa Paula
P.O. Box 569
Santa Paula, CA 93061-0569
Attn: Director of Public Works
Phone: (805) 933-4212; Fax (805) 525-3742
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Director of Public Works
Phone: (805) 583-6786; Fax (805) 583-6300
City of Thousand Oaks
2100 Thousand Oaks Blvd.

Thousand Oaks, CA 91362
Attn: Director of Public Works
Phone: (805) 449-2457; Fax (805) 449-2475

17. ENTIRE AGREEMENT: This AGREEMENT contains the entire understanding of the Co-Permittees with respect to the matters contained herein, and supersedes any prior agreement or understanding, oral or written.

18. ASSIGNMENT: Each Co-Permittee has the right to assign its rights and obligations under this AGREEMENT only with the written consent of every other Co-Permittee, which consent may not be unreasonably withheld.

19. SUCCESSORS IN INTEREST: Except as otherwise provided, this AGREEMENT will inure to the benefit of and be binding upon the successors and assigns of the parties. Except as expressly set forth herein, this AGREEMENT is not intended to benefit any person or entity not a party to this AGREEMENT. 7-9
220

20. SECTION HEADINGS: Headings at the beginning of each numbered section of this AGREEMENT are solely for the convenience of the parties and are not a part of this AGREEMENT.

21. SEVERABILITY: The invalidity in whole or in part of any provision of this AGREEMENT will not void or affect the validity of the other provisions of this AGREEMENT. .

22. INTERPRETATION: The language in all parts of this AGREEMENT will be construed under the laws ofthe State of California according to its normal and usual meaning, and not strictly for or against any party. Exclusive venue for any action involving this AGREEMENT is in Ventura County. In the event of litigation in a United States District Court, exclusive venue is the Central District of California.

23. NO AGENCY CREATED: Nothing in this AGREEMENT is intended to create a separate entity or agency and no party to this AGREEMENT is the agent of any other party and nothing in this AGREEMENT will be construed as permitting or authorizing any party to this AGREEMENT to act in any capacity as an agent of the other except as expressly provided herein. Notwithstanding the foregoing, the parties acknowledge that they are entering into this AGREEMENT for their mutual benefit, and the parties agree to execute such fiu1her agreements and documents and take such further actions as may be reasonably necessary to implement this AGREEMENT.

24. AUTHORITY TO EXECUTE AGREEMENT: Each party covenants that each individual executing this AGREEMENT on behalf of such party is a person duly authorized and empowered to execute agreements for such party. 8-9
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APPENDIX A: GUIDELINES FOR DETERMINING PRINCIPAL PERMITTEE ACTIVITIES Definition of Program Activities: Program Activities are permit required activities.

Administration
Serve as liaison between the Co-permittees and the RWQCB; • Set time schedules for the performance of activities; • Forward Co-permittee information to the RWQCB;
• Arrange for public review, when needed;
• Update C01lermittees on R WQCB and EPA regulations
222
APPENDIX B: COUNTYWIDE STORMWATER PROGRAM

MANAGEMENT COMMITTEE
The NPDES Management Committee (COMMmEE) is the principal forum for directing the countywide stormwater quality management program (PROGRAM) and is composed of twelve (12) members, one representative for each of the CrnES, COUNTY, and the DISTRICT. .

1. The COMMmEE is chaired by the Principal Co-permittee and meets as needed (at least quarterly) to achieve permit requirements· and assure PROGRAM continuity.

2. COMMmEE members and designated alternates shall be senior level and appointed by their Agency.

3. The COMMmEE shall direct and guide the Program and review and approve the Program budget, comment letters, and report submittals to various agencies (i.e., monitoring reports, annual reports and comment letters sent to Los Angeles Regional Water Quality Control Board. The COMMmEE shall conSider permit compliance, including benefit as a primary objective in approving program tasks and corresponding budgets.

4. The COMMmEE will review materials developed by the subcommittees, provide comments, and approve or reject program activities.

5. The LARWQCB may appoint a non~voting representative and alternate to the Management Committee ..
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July 14, 2010 Version

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

AMENDMENT TO IMPLEMENTATION AGREEMENT

VENTURA COUTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
County of Ventura Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the day and pate below written.

COUNTY OF VENTURA
€Zr~e-4- Board of Supervisors
ATTEST:

Marty Robinson
Clerk of the Board of Supervisors
County of Ventura
State of Califor ia
9-9
224
July 14, 2010 Version

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

AMENDMENT TO IMPLEMENTATION AGREEMENT

VENTURA COUTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
Ventura County Watershed Protection District Signature Page IN WITNESS WHEREOF. the Parties hereto have executed this Amendment on the day and date below written.

VENTURA COUNTY WATERSHED PROTECTION DISTRICT
~~L~ t1ai0>2b-r~~ Watershed Protection District
Board of Supervisors
ATTEST:

Marty Robinson
Clerk of the Board of Supervisors
County of Ventura
State of Californi
Date \
By: ~~~~~~~~~ ____________ _
9-9
225
ATTEST:

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
City of Port Hueneme Signature Page
City of Port Hueneme, California
uty City Clerk
APPROVED AS TO FORM:
~D 1 TO/DMINISTRATION:

I ,~
9-9
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Appendix A January 12,2011 Version

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

AMENDMENT TO IMPLEMENTATION AGREEMENT

VENTURA COUTYWIDE
STO.RMWATER QUALITY MANAGEMENT PROGRAM
City of Santa Paula Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the day and date below written. .

CITY OF SANTA PAULA
ATTEST.:,...: __
~4ff eM:FOntes. j C'MB.nager ~
9-9
1 j
227
July 14, 2010 Version
Agreement No. A-7357

CITY OF OXNARD
ATTEST:

APPROVED AS TO FORM: APPROVED AS TO INSURANCE
Jes Cameron, Chief Financial Officer
APPROVED AS TO CONTENT:

Rob Roshanian, Interim Public Works Director
Anthony Emmert, Water Resources Manager
228
Date
ATTEST:

NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
City of Camarillo Signature Page
Jerry A7J~ B:on, City Manager
City of Camarillo, California
effrie Madland, City Clerk
APPROVED AS TO FORM: 0(iiJ;
Brian Pierik, City Attorney
Agreement No. 2010-58
229
July 14, 2010 Version

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
City of Thousand Oaks Signature Page
~~$~ Dennis C. Gillette
City of Thousand Oaks, California
ATTEST:

Linda
~~#YLU- D. Lawrence, City Clerk
APPROVED AS TO FORM:

Office of City Attorney
lstopher G. Norman, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:

Scott Mitnick, City . anager
9-9
City Council: 09/07/2010
Contract No. 9447-2010
230

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT
VENTURACOUNTY~DE

STORMWATER IMPLEMENTATION PROGRAM
City of Simi Valley Signature Page
Paul Miller, ~or
City of Simi Valley, California
ATTEST:

Wendy K. Gree ,Assistant City Clerk
APPROVED AS TO FORM:

Office of City Attorney
APPROVED AS TO CONTENT:

Mike SedeU, City Manager
SC\Sw\IMP AGREE\2010IMP AOREEMENT\IA7-14-10
231

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
City of Moorpark Signature Page
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and date first above written.

CITY OF MOORPARK

10.13 .201 0
a . e S. Parvin, Mayor Date
ity of Moorpark, California
ATIEST:
232
July 14, 2010 Version

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM

SIGNATURE PAGE

CITY OF FILLMORE,
By: ~tJ~ Patti Walker, Mayor
ATTEST:

APPROVED AS
By :

J:\ENGR\PWIO\l003 NPDES COUNTYWIDE lA.doc 9-9
233
City of San Buenaventura Signature Page

CITY OF SAN BUENA VENTURA

APPROVED AS TO FORM
Ariel Pierre Calonne
City Attorney
234
July 14,2010 Version

20. SECTION HEADINGS: Headings at the beginning of each numbered section ofthis AGREEMENT are solely for the convenience of the parties and are not a part of this AGREEMENT.

21. SEVERABILITY: The invalidity in whole or in part of any provision of this AGREEMENT will not void or affect the validity of the other provisions of this AGREEMENT.

22. INTERPRETATION: The language in all parts of this AGREEMENT will be construed under the laws of the State of California according to its normal and usual meaning, and not strictly for or against any party. Exclusive venue for any action involving this AGREEMENT is in Ventura County. In the event oflitigation in a United States District Court, exclusive venue is the Central District of California.

23. NO AGENCY CREATED: Nothing in this AGREEMENT is intended to create a separate entity or agency and no party to this AGREEMENT is the agent of any other party and nothing in this AGREEMENT will be construed as permitting or authorizing any party to this AGREEMENT to act in any capacity as an agent of the other except as expressly provided herein. Notwithstanding the foregoing, the parties acknowledge that they are entering into this AGREEMENT for their mutual benefit, and the parties agree to execute such further agreements and documents and take such further actions as may be reasonably necessary to implement this AGREEMENT.

24. AUTHORITY TO EXECUTE AGREEMENT: Each party covenants that each individual executing this AGREEMENT on behalf of such party is a person duly authorized and empowered to execute agreements for such party. [An executed signature page must be provided by each signatory.] City of Ojai
Interim City Manager
ATTEST:
8-8
235
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: FINANCING AGREEMENT FOR ADVANCED WATER TREATMENT

FACILITY
Date: August 16, 2023
Agenda Item: 12.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council, sitting as the City Council of the City and the Board of Directors of the Santa Paula Utility Authority:

1. Receive and file the Wastewater System Chloride Source Identification Study Update; and

Presented by:

Clete J. Saunier, Public Works Director
Eileen Shields, MKN & Associates
BACKGROUND:

The Water Recycling Facility (WRF) was completed in 2010 and operates under a permit from the Los Angeles Regional Water Quality Control Board (LARWQCB) to discharge treated wastewater. The permit was amended in May 2022 (Waste Discharge Requirements R4- 2018-0022-A1). The permit requires that chloride concentration in the effluent discharge be less than 110 milligrams per liter (mg/L) to meet a groundwater quality objective of 110 mg/L.

Historically, the discharge has exceeded this limit, and the City received a Cease and Desist Order (CDO) for the WRF in February 2018 (CDO R4-2018-0023-A1, amended in May 2022) requiring the discharge be brought into compliance. The CDO allows ten years for the City to achieve full compliance with the effluent chloride limit by February 8, 2028.

The City has been developing an Advanced Water Treatment Facility Project to bring the WRF treated effluent into compliance with the effluent chloride limit at an anticipated capital cost of over $20 Million and an anticipated operating and maintenance cost of over $1 Million per year.
236
As part of the project, City staff has been pursuing low-interest financing. The State Water Resources Control Board (SWRCB), Division of Financial Assistance administers the Clean Water State Revolving Fund (CWSRF) loan program. The CWSRF program has a fixed amount of funds available each year and provides loans to agencies for wastewater and recycled water projects based on a priority scoring system. The program’s low interest rates, now at 2.6%, and other favorable terms help lower total project costs, maximizing benefits to ratepayers.

In December 2020, the City completed the CWSRF loan application for the Project. In April 2021, SWRCB determined that the City’s project was “fundable”, and the SWRCB began the full application review process. In January 2022, the City received notification that the SWRCB completed the environmental review and they were beginning the financial and legal reviews.

The final loan agreement was not received until May 2023. City staff, general counsel, and bond counsel completed review of the loan agreement.

In 2022, due to a downward trend in the WRF treated effluent chloride concentrations, the City performed a Chloride Study to try to identify potential chloride sources in the collection system and estimate whether the downward trend in chloride concentration is likely to continue. In November 2022, City staff presented the Wastewater System Collection System Chloride Source Evaluation technical memorandum (TM). The TM summarized a study conducted by the City, Ventura Regional Sanitation District (VRSD), and MKN. The objective of the study was to evaluate concentrations of chloride in Santa Paula’s wastewater collection system in an attempt to identify potential sources, consider potential source control measures, and estimate whether the downward trend in chloride concentration is likely to continue. While the sampling program could not confirm the cause of reduction in chloride levels, it indicated collection system conditions will drive WRF effluent chloride concentrations. Collection system samples were routinely above 100 mg/L and some were above 110 mg/L, the current WRF chloride limit. City Council directed staff to request an extension to the interim milestones of the CDO to continue studying the collection system chloride levels and evaluate the potential for the WRF to meet the chloride limits without the AWTF Project.

At the February 15, 2023 City Council meeting, City Council received an update on the wastewater chloride source study, considered options for moving forward, and directed staff to develop a Chloride Source Identification Study to explore chloride reduction strategies with an estimated cost of $130,000 - $200,000, while simultaneously continuing efforts towards final execution of a final CWSRF loan agreement with the SWRCB for the AWTF in case the additional treatment is needed at the WRF to control chlorides and meet permit limits. It is understood through conversations with staff at SWRCB Division of Financial Assistance (DFA) that the agreement can be executed and interest will not accrue until the City submits payment requests for reimbursement of eligible expenses. Additionally, DFA staff have verbally indicated that as long as the general scope of the project has not substantially changed, the CWSRF Loan could still be used to finance a smaller AWTF project with the loan amount amended, as needed.

On March 13, 2023, City staff sent a letter to the Los Angeles Regional Water Quality Control Board (LARWQCB) to provide an update on the City’s current status with the WRF Cease and Desist Order, the AWTF Project, the CWSRF loan, and the chloride study. The letter provides the LARWQCB with an update on the AWTF Project and Cease and Desist Order, indicates the City’s intentions to comply with permit requirements, explains why the City is electing to delay the AWTF Project bid in order to further study wastewater collection system chlorides, 237
and includes the Chloride Source Identification Workplan for the LARWQCB’s review.

On May 2, 2023, City staff presented the proposed scope and costs for the Chloride Source Identification Study. The Study would include the following steps:

1. Review Existing Information and Develop Initial Load Estimates

2. Develop Monitoring Plan

3. Inventory Commercial and Industrial Users

4. Quantify Chlorides Sources

5. Identify Control Strategies

6. Prepare Report
Staff recommended moving forward with the study at a total budgetary cost of $130,873. The report acknowledged that the study had not been budgeted for but noted potential cost savings from reduced AWTF operating costs. If it is determined that a smaller AWTF Project is needed, costs are anticipated to range from $930,000 to $1.4M for the Study and redesign.

Potential cost savings from reduced capital and operating costs are unknown. However, the current AWTF operating costs are estimated to be $1.2M. If the AWTF project can be reduced by even 25%, the annual operating costs could be reduced by a similar rate, resulting in a payback of 3 to 4 years. If chloride concentrations exceed the limits, capital and operating costs for the AWTF could be incurred and may be higher due to cost escalation or higher financing costs. City Council directed staff to proceed with the Wastewater Chloride Source Identification Study.

ANALYSIS:

SRF Financing Agreement
In May 2023, the City received the final form of the financing agreement from SWRQCB for review and execution (attached as Exhibit B). Staff and legal counsel have reviewed Resolution 7474 and it is attached as Exhibit A. Resolution 7474 authorizes the execution and delivery of and approves a financing agreement with the California State Water Resources Control Board along with certain other actions in connection therewith for the AWTF Project.

General Counsel’s opinion, supporting execution of the financing agreement is included as Exhibit C.

Staff recommends adoption of Resolution 7474. This secures the CWSRF loan for the AWTF Project. Staff recommends not submitting any reimbursement requests, which would draw on the loan, until results of the Chloride Source Identification Study are available and City Council is able to review and determine the desired path forward. It is anticipated that the alternative paths forward for the project consist of the following:

1. Chloride Source Identification Study identifies one or more sources that appear to be contributing to high wastewater chlorides and source control strategies are developed, resulting WRF effluent chlorides are consistently below limit of 110 mg/L without additional treatment required.

2. Chloride Source Identification Study determines there are not identifiable contributors to the wastewater chlorides and it is found that chlorides cannot be controlled in the collection system. At which time, two options can be pursued:

1. Move forward with AWTF Project as currently designed. 238

2. Re-evaluate AWTF design criteria, as recent data suggest the project may be oversized.

Chloride Source Identification Study Update:

The initial tasks of the Chloride Source Identification workplan have been completed. These include reviewing existing information to develop an initial load estimate, developing a monitoring plan, and conducting a business inventory. VRSD completed sampling and flow monitoring in June. The lab analyses results from the sampling were received in July and are currently under review. Efforts to further quantify chloride sources and identify control strategies are in progress. Assuming the WRF flow averages 2.14 million gallons per day (MGD) and the effluent chloride concentration is 120 mg/L, approximately twelve percent of the influent chloride load would need to be removed so that the effluent chloride concentration is 105 mg/L, a value to ensure that chloride levels remain consistently below the permit requirement of 110 mg/L. A draft report is expected by October 2023.

WRF Effluent Chloride Concentrations
WRF effluent chloride concentrations have increased in recent months. After being at or below the effluent permit limit (110 mg/L) for 14 out of 15 months, in October 2022, the effluent chloride concentration was 118 mg/L. Since then the average has been approximately 119 mg/L, ranging from 115 mg/L in January 2023 to 123 mg/L in February 2023. Figure 1 shows the average monthly effluent chloride concentrations from January 2012 through May 2023.

The red horizontal line represents the effluent limit of 110 mg/L. Attached to this report is Figure 1. Santa Paula WRF Average Monthly Effluent Chloride Concentration from January 2012 through May 2023.

Correspondence with LARWQCB:

On July 20, 2023, City staff received a letter from the LARWQCB dated July 19, 2023 (attached as Exhibit D), in response to the City’s March 13, 2023 letter. The LARWQCB acknowledged the information provided by the City and the downward trend in effluent chloride and the need to review the design criteria for the AWTF Project. Despite this, the LARWQCB denied the City’s request for an extension for the interim compliance milestones, stating the City had enough time to characterize chloride sources and comply with the order.

This result was not a surprise to City staff, as this position was discussed at meetings earlier in 2023. Staff has confirmed with LARWQCB staff that penalties for violations of interim milestones are not mandatory, and whether or not to impose penalties for not complying with CDO interim milestones is discretionary for LARWQCB staff. This was reported to City Council at the February 15, 2023 City Council Meeting, when presenting the Chloride Source Identification Work Plan. Based on the long-standing downward trend in chloride concentrations and the capital and ongoing operating costs of the AWTF Project, City Council directed staff to proceed with developing the Chloride Source Identification Study though it would likely result in missing two interim milestones: 1) “Complete and Release Bid Package for AWTF – within 3 months of final funding agreement, by 3/30/2023” and 2) Select and Award Contract for Construction of AWTF by 6/30/2023”. Staff notes that the final form of the loan agreement from CWRCB DFA was not received until May 2023.

The City has completed all other interim milestones and consistently met the interim effluent limits. Table 1 summarizes the CDO remedial actions and status. 239
Table 1. Summary of Santa Paula WRF CDO Remedial Actions, Dates, and Status Action CDO Milestone Date Status
Report: Effectiveness of SRWS Buyback
Program
5/1/2018 Complete
Report: Groundwater Chloride
Investigation and Well Protection
Workplan
8/1/2018 Complete
Report: Final Design Report for AAWTF 3/15/22 Complete
Complete regulatory requirements,
including CEQA
10/15/22 Complete
Bid AWTF: Complete and release Bid
Package
w/in 3 mo of Final Funding
Agreement, by 3/30/23
Missed.

Received
agreement in
May 2023
Select & Award Contract for construction
of AWTF
6/30/23 Missed
Complete AWTF Construction
w/in 24 mo of Final Funding
Agreement, by 12/30/24
pending
Full compliance with chloride limit ASAP by 2/8/28 pending Table 2 summarizes the CDO interim effluent limits. The City has met each interim effluent limit to date and has been below the current effluent limit, 1,983 pounds per day (lbs/day) since May 2020.

Table 2. Summary of Santa Paula WRF CDO Interim Chloride Effluent Limits, Dates, and Status
Effluent Limit (Monthly Average)
Equivalent
Concentration (mg/L)1 Deadline Status
2,479 lbs/day 148 Feb 8, 2018 Complete
2,231 lbs/day 134 Feb 8, 2020 Complete
1,983 lbs/day 118 Feb 8, 2021 Complete
1,983 lbs/day 118 July 1, 2022 Complete
110 mg/L NA Mar 30, 2025 Pending
110 mg/L NA Feb 8, 2027 Pending
Notes:
1Equivalent concentration for mass effluent limit based on an average day flow of 2.0 million gallons per day (MGD).

Next Steps:

Staff recommends the following next steps:

1. Adopt Resolution 7474 authorizing the execution and delivery of and approving a financing agreement with the California State Water Resources Control Board along with 240
certain other actions in connection therewith for the AWTF Project.

2. Execute and return CWSRF financing agreement.

3. Submit an update to LARWQCB regarding completion of the loan agreement and provide update on chloride study.

4. Complete Chloride Source Identification Study. Staff anticipates receiving a draft report by October 2023
Based on results of the Chloride Study, determine path forward for AWTF and/or control of chlorides in the treated WRF effluent.

STRATEGIC PLAN:

This item is not a goal or objective in the City Council’s two-year Strategic Plan, however, it will allow for a low-interest loan to fund the AWTF Project if and when City Council determines the Project is required for meeting treatment requirements at the WRF.

FISCAL IMPACTS:

The fiscal impacts, as discussed in this report, will be further analyzed and presented to Council at the August 16th meeting.

OPTIONS:

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

1. Do not adopt Resolution 7474. This results in not executing the low-interest loan for the AWTF Project and risks funding for the construction, should the City move forward with the project in the future.

2. Provide alternative direction to staff.

ATTACHMENTS:

Figure 1 - Average Monthly Effluent Chloride Concentration.pdf Exhibit A - Resolution 7474 SPUA 2023 SRF Installment Sale Agreement.pdf Exhibit B - Santa Paula Utility Authority Agreement.pdf Exhibit C - General Counsel Opinions SPUA & COSP for SRF Loan.pdf Exhibit D - July 19, 2023 Santa Paula RB Staff Letter.pdf 241
Figure 1. Santa Paula WRF Average Monthly Effluent Chloride Concentration from January 2012 through May 2023
y = -0.3613x + 154.29
R² = 0.8199
0 20
40 60
80 100
120
140
160
180
0 12 24 36 48 60 72 84 96 108 120 132 144
Chloride Concentration (mg/L)
Months from January 2012
242

EXHIBIT A
Resolution 7474 – Closing Resolution for the State Revolving Fund Construction Installment Sale for City of Santa Paula Advanced Water Treatment Facility
243
55600.00229\34591063.1
A-1
RESOLUTION NO. 7474

RESOLUTION OF THE BOARD OF DIRECTORS OF THE SANTA

PAULA UTILITY AUTHORITY AUTHORIZING THE EXECUTION AND

DELIVERY OF AND APPROVING A FINANCING AGREEMENT WITH
THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD;

AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION

THEREWITH
SECTION 1: The Board of Directors finds and declares:

A. The Santa Paula Utility Authority (the “Authority”), is a joint powers authority duly organized and validly existing under the laws of the State of California, is authorized under provisions of the Constitution and laws of the State of California, and in accordance therewith, to incur indebtedness.

B. The Authority, as lessee, has property rights to a wastewater collection system, such system, including all additions, improvements and extensions thereto, is referred to herein as the "System".

C. The Authority has determined that it is in the best interests of its constituents to undertake work required for the Advanced Water Treatment Facility project (the “Project”) for the System.

D. The Authority has applied for and obtained a loan from the California State Water Resources Control Board (the “State Water Board”) under the Drinking Water State Revolving Fund Program (the “SRF Loan”) to provide the funds needed to pay for the Project.

E. In connection with the SRF Loan, the Authority must enter into the following agreement, which has been presented at this meeting for approval:
(1) Construction Installment Sale Agreement for Project No. 8577-110 between the City of Santa Paula, the Authority and the State Water Board, attached hereto as Exhibit A (“Financing Agreement”).

F. The Financing Agreement is necessary to accomplish the completion and funding of the SRF Loan and eventual distribution of loan proceeds to the Authority to fund the Project.

G. All acts, conditions and things required by the Constitution and laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the entering into of the documents described above. 244
55600.00229\34591063.1
A-2

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SANTA PAULA UTILITY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 2. The Authority hereby specifically finds and declares that the statements, findings and determinations of the Authority set forth in the preambles of the documents approved herein are true and correct.

SECTION 3. The Financing Agreement is hereby approved and each of the Chair, the Executive Director, and their written designees (each an “Authorized Officer” and together, the “Authorized Officers”), acting alone, is hereby authorized and directed to execute and deliver the Financing Agreement in the name of and on behalf of the Authority, in substantially the form now before this meeting, but with such changes, modifications, additions and deletions therein as shall be deemed necessary, desirable or appropriate by the Authorized Officer or Authorized Officers. Approval of any such changes, modifications, additions and deletions shall be conclusively evidenced by the execution and delivery of the Financing Agreement by one or more Authorized Officers.

SECTION 4. Each Authorized Officer is hereby appointed as an authorized officer of the Authority for all purposes required by the Financing Agreement, and such Authorized Officers are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the foregoing actions.

SECTION 5. The Authorized Officers are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and to effectuate the SRF Loan and the Financing Agreement. Such actions heretofore taken by an Authorized Officer are hereby ratified, confirmed and approved.

SECTION 6. This Resolution shall take effect immediately upon its passage.

PASSED, APPROVED AND ADOPTED, this __ day of ________, 2023. ________________________
Andy Sobel, Chair
Santa Paula Utility Authority
245
55600.00229\34591063.1
A-3
ATTEST:
_________________
Julie Latshaw
Secretary
APPROVED AS TO FORM:
_________________
Monica Castillo
Interim General Counsel
246
55600.00229\34591063.1
A-4

STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss

CITY OF SANTA PAULA )
I, Julie Latshaw, Secretary of the Santa Paula Utility Authority (the “Authority”), do hereby certify that the above and foregoing Resolution No. 7474 was duly passed and adopted by the Board of Directors of the Santa Paula Utility Authority at a regular meeting thereof held on ________________, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Authority this __ day of ______, 2023.
_________________
Julie Latshaw
Secretary
247
55600.00229\34591063.1
A-5

EXHIBIT A

FINANCING AGREEMENT
248

EXHIBIT B
State Revolving Fund Loan Agreement for City of Santa
Paula Advanced Water Treatment Facility
249
Water Boards
State Water Resources Control Board
May 16, 2023
Santa Paula Utility Authority
Attn: Dan Singer, Executive Director
PO Box 569
Santa Paula, CA 93061
Agreement Number: D2201018
Project Number: C-06-8577-110

GAVI N NEWSOM
GOVt-R NOA
~ YANA GARCIA l '-........~ SECflEIAIW FOn
,.....,. ENVIRON MH ITAL PROTECT ION
Please review, and if appropriate, electronically sign the signature page of the Agreement via Adobe Sign no later than thirty (30) calendar days from the date of this letter. Once electronically signed, the Agreement will be routed automatically to the next signer. You will automatically receive a copy of the fully executed Agreement via Adobe Sign once the final signer has signed. This Agreement cannot be considered binding by either party until executed by the State Water Resources Control Board (State Water Board).

For the Funding Agreement to be executed by the State Water Board, the following items must also be returned electronically with the signed signature pages: The Opinion will need to be dated and signed on or after the date the agreement is signed. Counsel can file and attach the letters and submit them back to Adobe.

1. Opinion of General Counsel.

2. Bond Counsel Letter.

3. Closing Resolution.

If you have questions about the General Counsel Opinion Letter, Bond Counsel Letter, and Closing Resolution should be directed by your legal counsel to Anthony Austin , at (916) 319-8558 or email at [email protected].

Be aware that all projects receiving funding must comply with all applicable implementing guidelines and regulations adopted by the California Department of Industrial Relations (DIR), regarding state prevailing wage requirements. You must contact DIR for guidance on how to comply . Information can be found at:
http://www.dir.ca.gov/lcp.asp.

Davis Bacon Compliance:
https://www.waterboards.ca.gov/water issues/programs/grants loans/srf/davisbacon.shtml Disadvantaged Business Enterprise (DBE)
https://www.waterboards.ca.gov/water issues/programs/grants loans/srf/docs/policy0513/dbe complianc e guidelines instructions. pdf
We strive to provide superior service to our recipients and would appreciate your feedback on the application process. Please assist us in completing a 5-minute Customer Satisfaction Survey at https://www.surveymonkey.com/s/CWSRFSatisfaction so we can continue to improve on our service and process. Your comments are valuable to the success of the CWSRF Program. Thank you for your time and we look forward to continuing to work with you.

E . J OAQU IN E SQUIVEL, CHAIR I EIL EEN S OBE CK , EXECUTIVE DIRECTOR 1 001 I Street, Sacramento, CA 95814 I Mailing Address: P.O. Box 100, Sacramento, CA 95812-0100 I www.waterboards.ca.gov 250
Your Agreement may be funded with Federal Capitalization Grants (Catalog of Federal Domestic Assistance No. 66.458 OR DW Catalog of Federal Domestic Assistance No. 66.468). If your financing agreement is funded with a Federal Capitalization Grant, you must comply with the rules and regulations in Subpart F of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. These requirements include the submission of a single or program audit if you expend $750,000 or more of Federal funds during your fiscal year. The receipt of Federal funds may be directly from the Federal government or via a passthrough entity such as the State Water Resources Control Board. In addition to other reporting requirements, your Single Audit Report must be submitted to the State Controller's Office and to the State Water Resources Control Board, Division of Financial Assistance within nine months after the end of your fiscal year.

Ms. Koreenia Harmon may be contacted at (916) 319-0807 or [email protected].

Enclosures
251
Clean Water 'lt.1h. I\ \'t'h. IH·l. t u11~I

CLEAN WATER

SANTA PAULA UTILITY AUTHORITY (RECIPIENT)
AND

CITY OF SANTA PAULA (CITY)
AND

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (STATE WATER BOARD) I 1 • f • • • T f • "f ',) .. f' t 0 'O • •ltl I 0 • "II • f:J ,, •• , •••• • " • '. (,.,,.,.,,, •0••11•

CONSTRUCTION

INSTALLMENT SALE AGREEMENT

CITY OF SANTA PAULA ADVANCED WATER TREATMENT FACILITY
PROJECT NO. C-06-8577-110
AGREEMENT NO. D2201018
PROJECT FUNDING AMOUNT: $20,340,000
ESTIMATED REASONABLE PROJECT COST: $20,340,000
ELIGIBLE WORK START DATE: AUGUST 1, 2019
ELIGIBLE CONSTRUCTION START DATE: NOVEMBER 30, 2023
CONSTRUCTION COMPLETION DATE: JULY 31 , 2026
FINAL REIMBURSEMENT REQUEST DATE: JANUARY 29, 2027
FINAL PAYMENT DATE: JULY 31 , 2056
RECORDS RETENTION END DATE: JULY 31 , 2062
dobe Acrobo t Sign Transoction Number: CBJCHBCMBAAhN8qGQhxGgZcGoybdTnE89NjVnQR4frB 252

THIS PAGE INTENTIONALLY LEFT BLANK
253
City of Santa Paula & Santa Paula Utility Authority
Agreement No.: D2201018
Project No.: C-06-8577-110
Page i of 51
table of contentsAGREEMENT ..................................................................................................................... 1

1. AUTHORITY .......................................................................................................................................... 1

2. INTENTION ............................................................................................................................................ 1

3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE ....................................... 1

4. PARTY CONTACTS .............................................................................................................................. 3

5. DEFINITIONS ........................................................................................................................................ 3 EXHIBIT A- SCOPE OF WORK ................................................................................................................ 10 A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK ......................................... 10 A.2. STANDARD PROJECT REQUIREMENTS ...................................................................................... 10 A.2.1 Acknowledgements .................................................................................................................................. 10 A.2.2 Reports ..................................................................................................................................................... 10 A.2.2.1 Progress Reports .............................................................................................................................. 10 A.2.2.2 Project Con1pletion Report. ............................................................................................................. 11 A.2.2.3 As Needed Reports ....................................................................................................................... ..-.' 11 A.2.2.4 DBE Reports for SRF Projects ........................................................................................................ 11 A.2.3 Signage .................................................................................................................................................... 12 A.2.4 Commencement of Operations ................................................................................................................ 13 A.3 DATES & DELIVERABLES .............................................................................................................. 13 A.4 SCHEDULE ...................................................................................................................................... 13 EXHIBIT B - FUNDING TERMS ................................................................................................................. 15 B.1.

B.1.1
B.1.2
B.1.3
B.1.4
B.1.5
B.1.6
B.1.7
B.1.8
B.1.9
FUNDING AMOUNTS AND REIMBURSEMENTS ...................................................................... 15 Funding Contingency and Other Sources ................................................................................................ 15 Estimated Reasonable Cost. ..................................................................................................................... 15 Project Funding Amount. ......................................................................................................................... 15 [Reserved.] ................................................................................................................................................ 15 Budget Costs ............................................................................................................................................ 15 Contingent Disbursement. ....................................................................................................................... 16 Reimbursement Procedure ....................................................................................................................... 16 Withholding of Disbursements ................................................................................................................ 17 Fraud and Misuse of Public Funds; Enforcement. ................................................................................... 18 B.2 RECIPIENT'S PAYMENT OBLIGATION, PLEDGE, AND RESERVE ............................................. 18 B.2.1 Project Costs ............................................................................................................................................ 18 B.2.2 Estimated Principal Payment Due ........................................................................................................... 18 B.2.3 Interest Rate and In-Lieu of Interest Charges .......................................................................................... 18 B.2.4 [Reserved.] ............................................................................................................................................... 19 B.2.5 Obligation Absolute ................................................................................................................................. 19 B.2.6 Payment Timing ....................................................................................................................................... 19 B.2.7 Pledged Revenues .................................................................................................................................... 20 B .2. 7 .1 Establishment of Enterprise Fund and Reserve Fund .......................................................................... 20 B.2.7.2 Pledge of Net Revenues, Enterprise Fund, and Reserve Fund ............................................................. 20 254
B.2.7.3
B.2.8
B.2.9
B.2.10
City of Santa Paula & Santa Paula Utility Authority
Agreement No.: D2201018
Project No.: C-06-8577-110
Page ii of 51
Application and Purpose of the Enterprise Fund ................................................................................. 20 [Reserved.] ............................................................................................................................................... 20 No Prepayment. ....................................................................................................................................... 20 Reserve Fund ....................................................................................................................................... 21 B.3 RATES, FEES AND CHARGES ...................................................................................................... 21 B.4 ADDITIONAL DEBT ......................................................................................................................... 21 B.5 NO LIENS ......................................................................................................................................... 22 EXHIBIT C-GENERAL & PROGRAMMATIC TERMS & CONDITIONS .................................................. 23 C.1 REPRESENTATIONS & WARRANTIES ......................................................................................... 23 C.1.1 Application and General Recipient Commitments .................................................................................. 23 C.1.2 Authorization and Validity ...................................................................................................................... 23 C.1.3 No Violations ........................................................................................................................................... 23 C.1.4 No Litigation ............................................................................................................................................ 23 C.1.5 Property Rights ........................................................................................................................................ 24 C.1.6 Solvency and Insurance ........................................................................................................................... 24 C.1.7 Legal Status and Eligibility ...................................................................................................................... 24 C.1.8 Financial Statements and Continuing Disclosure .................................................................................... 24 C.1.9 System Obligations .................................................................................................................................. 24 C.1.10 No Other Material Debt. .......................................................................................................................... 24 C.1.11 Compliance with State Water Board Funding Agreements ..................................................................... 24 C.2 DEFAULTS AND REMEDIES .......................................................................................................... 25 C.2.1 Return of Funds; Acceleration; and Additional Payments ....................................................................... 25 C.2.2 [Reserved.] ............................................................................................................................................... 25 C.2.4 Judicial reme\fies ..................................................................................................................................... 25 C.2.5 Termination ............................................................................................................................................. 26 C.2.6 Damages for Breach of Tax-Exempt Status ............................................................................................. 26 C.2.7 Damages for Breach of Federal Conditions ............................................................................................. 26 C.2.8 Remedies and Limitations ....................................................................................................................... 26 C.2.9 Non-Waiver .................................................................................................................. ~ .......................... 26 C.2.10 Status Quo ................................................................................................................................................ 26 C.3 STANDARD CONDITIONS .................................................................................................................. 26 C.3.1 Access, Inspection, and Public Records .................................................................................................. 26 C.3.2 Accounting and Auditing Standards; Financial Management Systems; Records Retention .................... 27 C.3.3 Amendment. ............................................................................................................................................ 28 C.3.4 Assignability ............................................................................................................................................ 28 C.3.5 Audit. ....................................................................................................................................................... 28 C.3.6 Bonding ................................................................................................................................................... 28 C.3.7 Competitive Bidding ................................................................................................................................ 28 C.3.8 Compliance with Applicable Laws, Rules, and Requirements ................................................................ 28 C.3.9 Computer Software .................................................................................................................................. 29 C.3 .10 Conflict of Interest. .................................................................................................................................. 29 C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. ................. 29 C.3.12 Data Management. ................................................................................................................................... 29 C.3 .13 Disputes ................................................................................................................................................... 29 C.3.14 [Reserved.] ............................................................................................................................................... 29 C.3.15 Environmental Clearance ....................................................................... : ................................................. 30 C.3.16 Governing Law ........................................................................................................................................ 30 C.3.17 Income Restrictions ................................................................................................................................. 30 ii 255
C.3.18
C.3.19
C.3.20
C.3.21
C.3.22
C.3.23
C.3.24
C.3.25
C.3.26
C.3.27
C.3.28
C.3.29
C.3.30
C.3.31
C.3.32
C.3.33
C.3.34
C.3.35
C.3.36
C.3.37
C.3.38
City of Santa Paula & Santa Paula Utility Authority
Agreement No.: D2201018
Project No.: C-06-8577-110
Page iii of 51
Indemnification and State Reviews ......................................................................................................... 30 Independent Actor ................................................................................................................................... 31 Integration ................................................................................................................................................ 31 Leveraging Covenants ............................................................................................................................. 31 No Discrin1ination ................................................................................................................................... 31 No Third Party Rights .............................................................................................................................. 32 No Obligation of the State ....................................................................................................................... 32 Notice ....................................................................................................................................................... 32 Operation and Maintenance; Insurance .................................................................................................... 35 Permits, Subcontracting, and Remedies ................................................................................................... 35 Professionals ............................................................................................................................................ 36 Prevailing Wages ... ; ................................................................................................................................. 36 Public Funding ......................................................................................................................................... 36 ·Responsibility for Work. .......................................................................................................................... 36 Related Litigation .................................................................................................................................... 36 Rights in Data .......................................................................................................................................... 3 6 State Water Board Action; Costs and Attorney Fees ............................................................................... 37 Timeliness ................................................................................................................................................ 3 7 Unenforceable Provision .......................................................................................................................... 37 Venue ....................................................................................................................................................... 37 Waiver and Rights of the State Water Board ........................................................................................... 37 C.4 MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS .......................................................... 37 C.4.1 Russian Sanctions .................................................................................................................................... 37 C.4.2 State Cross-Cutters .................................................................................................................................. 38 C.4.3 Federal Requirements and Cross-Cutters for SRF Funding ..................................................................... 39 EXHIBIT D- SPECIAL CONDITIONS ........................................................................................................ 45 EXHIBIT E - PAYMENT SCHEDULE ......................................................................................................... 46 EXHIBIT F-TAX CERTIFICATE ............................................................................................................... 47 F.1 Purpose .......................................... , ................................................................................................. 47 F.2 Tax Covenant. .................................................................................................................................. 47 F.3 Governmental Unit. .......................................................................................................................... 47 F .4 Financing of a Capital Project. ......................................................................................................... 4 7 F.5 Ownership and Operation of Project. ............................................................................................... 47 F.6 Temporary Period ............................................................................................................................. 47 F. 7 Working Capital. ............................................................................................................................... 48 F.8 Expenditure of Proceeds .................................................................................................................. 48 F.9 Private Use and Private Payments ................................................................................................. .48 F.10 No Sale, Lease or Private Operation of the Project. ..................................................................... 48 F.11 No Disproportionate or Unrelated Use ......................................................................................... 49 iii 256
City of Santa Paula & Santa Paula Utility Authority
Agreement No.: 02201018
Project No.: C-06-8577-110
Page iv of 51
F .12 Management and Service Contracts ............................................................................................ 49 F .13 No Disposition of Financed Property ............................................................................................ 49 F .14 Useful Life of Project. .................................................................................................................... 49 F.15 Payments ...................................................................................................................................... 49 F .16 No Other Replacement Proceeds ................................................................................................. 49 F.17 No Sinking or Pledged Fund ......................................................................................................... 50 F.18 Reserve Amount. .......................................................................................................................... 50 F.19 Reimbursement Resolution .......................................................................................................... 50 F.20 Reimbursement Expenditures ...................................................................................................... 50 F.21 Change in Use of the Project.. ...................................................................................................... 50 F.22 Rebate Obligations ....................................................................................................................... 50 F.23 No Federal Guarantee ............... : .................................................................................................. 51 F.24 No Notices or Inquiries from IRS .................................................................................................. 51 F.25 Amendments ................................................................................................................................. 51 F.26 Reasonable Expectations ............................................................................................................. 51 F.27 Assignment. .................................................................................................................................. 51 iv 257
City of Santa Paula & Santa Paula Utility Authority
Agreement No.: 02201018
Project No.: C-06-8577-110

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Santa Paula City CouncilAugust 16, 2023

Santa Paula City Council
August 16, 2023