Agenda packet, regular meeting — Santa Paula City Council, October 4, 2023 (part 2 of 2)

SECTION 2: General Plan and Development Objectives. Pursuant to SPMC §

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

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

B. The purpose of Chapter 16.208 Development Code Amendments is to allow for amendment to the Code in recognition of the fact that physical, economic, and other conditions in the city may change over time. Currently, Table 15-1 of SPMC §

16.15.020 Land Use Permit Requirements, does not expressly authorize the permitting of small scale alcohol production. The proposed amendment would allow small-scale breweries, cideries, distilleries, meaderies, and wineries within commercial zones, excluding the C-N zone. The proposed amendment is consistent with Title 16 of the SPMC because it accommodates the changing consumer preferences and economic conditions within the City.

C. The proposed code amendment is consistent with the objectives, policies, general land uses, and programs of the Santa Paula General Plan (2040), as further described below in Section 4, particularly the following:
 Land Use Element, Community Character and Urban Form: LU1  Land Use Element, Balanced Land Use & Economic Opportunity: LU3  Economic Development and Downtown, Support Existing Businesses: EDD1.1 SECTION 3: Development Code Amendment Findings. Pursuant to SPMC §16.208.050, the City Council makes the following required findings of fact:

A. The proposed code amendment is consistent with the goals, policies, and objectives of the General Plan. Consistent with Land Use Policy LU 1 (Community Character and Urban Form), the proposed amendment will enhance the smalltown character of the City by allowing small-scale alcohol production in the City, which may give rise to locally celebrated producers. The proposed amendment is also consistent with Land Use Policy LU 3 (Balanced Land Use & Economic Opportunity), as small scale alcohol production will provide new services, amenities, and employment opportunities within the community. Small scale alcohol producers have the potential to stimulate the revitalization of the Downtown area consistent with LU 5 “Downtown Revitalization” by creating additional foot traffic and drawing visitors who may generate additional economic support to the 332
community. In addition, the amendment is consistent with Economic Development and Downtown Policy EDD 1.1 (Support Existing Businesses) because small scale alcohol producers may draw new consumers to the Downtown area who will shop at existing businesses too. Nothing in the proposed amendment would create an inconsistency with the goals, policies and objectives of the 2040 General Plan.

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

The proposed amendment will not adversely affect surrounding properties because the proposed amendment is authorizing only small scale alcohol production subject to a Conditional Use Permit which will mitigate impacts on surrounding properties.

C. The proposed code amendment promote public health, safety, and general welfare and serves the goals and purposes of Title 16. The public health, safety, and general welfare will be promoted by generating additional economic stimulation to the community and support new amenities within the community. The proposed amendment to SPMC § 16.05 and § 16.15 to authorize small scale alcohol production in certain commercial zones is compatible with the existing, surrounding and planned land uses within such zones. The proposed amendment will promote the general convenience and welfare because allowing small scale alcohol production uses may enhance services that are sought and enjoyed by a large segment of the community. In terms of public safety, all small scale alcohol producers will require approval and permits from the City that may be revoked for violations. And for the additional reasons already described in paragraphs B. and C. of Section 3, the proposed amendment will serve the goals and purposes of Title 16 of the SPMC.

SECTION 4: Environmental Assessment. State CEQA Guidelines sections 15378(b)(2) and 15378(b)(5) provide that ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). And even if the proposed text amendment was a “project” they are exempt from CEQA under CEQA Guidelines section 15601(b)(3)’s “common sense” rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the proposed amendment to add an additional use to commercial zones will have a significant effect on the environment. Finally, each application for small scale alcohol production will be subject to individual CEQA review such that this proposed amendment by itself does not create an environmental impact.

SECTION 5: Text Amendments. Title 17, entitled “Development Code”, of the Santa Paula Municipal Code is amended as follows:

A. Section 16.05.200 of the Santa Paula Municipal Code, entitled “‘S’ Definitions”, is hereby amended to add a new definition for “Small - Alcohol Producer” as follows, with all other existing definitions remaining the same, in alphabetical order:
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SMALL-SCALE ALCOHOL PRODUCER – Small-scale Alcohol Producer means an establishment, like a microbrewery, distillery, winery, seltzer, meadery, or cidery, which engages in production of alcoholic beverages or spirits for on and off-site consumption and sale. Small-scale Alcohol Producers may also provide for the sale of non-alcoholic beverages, alcoholic beverages produced off-site, or food. Microbreweries, wineries, seltzeries, meaderies, and cideries must produce less than 15,000 barrels of product to be considered small scale. Distilleries must produce less than 100,000 gallons of spirits annually to be considered small scale. All Small-Scale Alcohol Producers must comply with SPMC Chapter 16.58.

B. Table 15-1, “Permitted and Conditional Uses – Commercial Zones”, of Section

16.15.020 of the Santa Paula Municipal Code, entitled “Land Use and Permit Requirements”, is hereby amended to read as follows, in its entirety, with all other existing provisions of Table 15-1 remaining the same:

TABLE 15-1
Permitted and Conditional Uses - Commercial Zones
Use CNCOCBD CGCLI
Agricultural-Related Uses
Agricultural Production X X X C P
Fruit/Agriculture Stands T T T T T
Agricultural Equipment and Supplies Sales and Repair X X X C C Auction, Livestock X X X X C
Automotive/Vehicle-Related Uses
Automobile Service Stations (fuel sales; see Chapter 16.72) C* C* C* C* C* Automotive Parts Sales, without Installation X X C P P
Automotive Parts Sales, with Installation X X X C C
Automotive Repair (Major) - bodywork/painting, engine repair X X X C C Automotive Repair (Minor) - lube/tune, window tinting, mufflers (not to include tractor, semi-trailer, or the like)

C C C P P
Automotive Sales (New/Used) - Car, RV, Truck X C X C C
Automotive Wrecking X X X X X
Car Washes, Full Service and Self Service X X X C C
Truck Stop & Repair X X X X C
Vehicle Impound or Storage Yard X X X X X
Vehicle Leasing/Rental X C X C C
Vehicle Storage Facility, including RVs and Boats C X X C C 334
Boarding and Lodging Facilities
Bed and Breakfast Inn C C C C C
Boardinghouse/Roominghouse X X X C X
Congregate Care Housing Facility X C C C X
Hotels/Motels X X C C C
Conference Facility X C C C C
Eating/Drinking Establishments
Coffee, Juice Café P P P P P
Delicatessen/Sandwich Shop (no alcoholic beverage sales) P P P P P Restaurant with no drive-through (a) C C P P P
Restaurant with drive-through (see Chapter 16.66) (a) X X X C* C* Restaurant, Fast-food (a) X X C C C
Restaurant (outdoor dining on private property) (a) C C P* P P Restaurant (outdoor dining on public right-of-way) (See Chapter 124) (a) C C P* C C Night Club/Bar/Lounge (a) X X C C C
Entertainment/Recreation Uses
Adult Business/Entertainment Enterprise (see Chapter 16.54) X X X X C* Amusement Park X X X C C
Amusement Arcade or Center (see Chapter 16.56) X X C* C* C* Auditorium, Convention Halls, and Theaters X X X C C
Batting Cage, Driving Range, or Similar Outdoor Sporting facility C C X P C Billiard/Pool Hall (a) X X C C C
Bowling Alley X X C C C
Café Entertainment (See Chapter 124) X X D X X
Cultural Center P P P P P
Health/Athletic Club X C P C C
Indoor Recreation Center C C C C C
Library or Museum P P P P P
Massage Establishment (see Chapter 119 of Title 11) X X C C C Miniature Golf X X X C C
Rodeo Arena X X X X X
Skate Park or Rink X X X C C
Slot Car Racing X X X C C
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Theater, Cinema (Movie) X X C C P
Theater, Stage C X C C C
Financial Institutions
Banks, Savings and Loans, and Credit Unions P P P P P
Medical/Care Facilities
Blood Bank X C C C C
Day Care Home, Large Family - Adult or Child (See Chapter 16.60) C* A* C* C* X Day Care Home, Small Family - Adult or Child (See Chapter 16.60) C* A* C* C* X Child Day Care Center (See Chapter 16.60) C* C* C* P* C* Clinic, Outpatient X C C C X
Community Care Facility (see Chapter 16.64) X C* C* C* X Drug and Alcohol Clinic/Rehabilitation (See Community Care Facility) --- --- --- --- --- Convalescent Home or Hospital C C C C C
Emergency Shelter X C X C C
Hospital/Surgery (See Civic/Institutional Zone) X X X X X Medical Laboratory X X X C C
Medical Office (see Professional & Administrative Offices) --- --- --- --- --- Urgent Care Facility X C C C C
Personal Service
Barber/Beauty/Nail Shop P P P P C
Dance/Music Schools/Martial Arts Studio C X C P X
Dry Cleaner without on-site cleaning facilities P P P P X Dry Cleaner with on-site cleaning facilities X X X C C
Laundromat P X X P X
Leather, Luggage and Shoe Repair P P P P X
Professional and Administrative Offices
Office - Medical, Dental, Optometry, Chiropractic and the like P P P P P Office - Business or Professional P P P P P
Veterinary Office C C C P X
Residential Uses
Live/work studio P P P P P
Dwelling, Multi-Family P P P P P
Dwelling, Single-Family P P P P P
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Mixed Use Residential and Commercial Development
(See Subsection 16.15.030(D)) (b)

P P P P P
Home Occupations P P P P P
Retail Commercial
Antique Store (see also "Thrift Store") P P P P X
Art Galleries and Studios P P P P X
Auction businesses conducted within a building, excluding livestock sales X X X C C Automotive (see Automotive/Vehicle- Related Uses above) --- --- --- --- --- Bakery, Retail (with or without on-premises baking) P P P P P Book Store P P P P P
Clothing/Apparel Sales P P P P P
Confectionary Store, Candy Sales P P P P C
Convenience Store or Mini-market (a) C C C C C
Department Store X X C P P
Discount Store P X C P C
Fabric & Craft Store P P P P P
Flower/Gift Shop P P P P P
Furniture, Furnishings and Appliances (Sales) P P P P P Grocery Store or Market C C C C C
Hardware Store P X P P C
Home Improvement Store with Outdoor Display of Lumber/Garden X X X C C Jewelry Store P P P P C
Liquor Store (see Chapter 16.58) (a) C* X C* C* C*
Mobile Home Sales X X X C C
Music Store P P P P C
Nurseries/Garden Supplies X X X P P
Office Supplies/Equipment X P P P P
Pet Shop/Store X X C P P
Pharmacy C P P P P
Plumbing Supplies X X X P P
Shopping Center A (less than 50,000 gross square feet of leasable area) C X C C C Shopping Center B (from 50,000 gross square feet up to 150,000 square feet of leasable area)

X X X C C
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Shopping Center C (from 150,000 gross square feet up to 400,000 square feet of leasable area)

X X X C C
Shopping Center D (over 400,000 gross square feet of leasable area) X X X X C Thrift Store, Secondhand Store or Sales (see also "Antique Store") X X C C X Warehouse Retail Store X X X C C
Service Commercial
Catering Service C C C P P
Cleaning/Janitorial X P X P P
Copy Center/Postal Center P P P P X
Equipment Rental/Sales/Service Yard X X X C C
Interior Design Shop P P P P X
Laboratories (film, medical/dental) X C X C C
Photography Shop/Studio/Film Processing P P P P X
Printing/Publishing Facilities X P C P P
Recycling Center (See Industrial Zones for Recycling Facility) X X X C* C* Travel Agency P P P P P
Welding/Repair and Related Uses X X X C C
Other
Alcoholic Sales (See Chapter 16.58) C C C C C
Small-scale Alcohol Producer (See Section 16.05.200) X C C C C Antenna, Satellite or Dish (See Section 16.50.020) A* A* A* A* A* Antenna, Wireless Communications (See Chapter 16.50) C* C* C* C* C* Assembly Halls (includes Church, Temple, or Other Religious Institutions) (see Chapter 16.62)
C* C* C* C* C*
Cannabis Delivery X X X X X
Commercial Cannabis Activities X X X X X
Cultivation of Cannabis or Medical Marijuana X X X X X
Carnival X T T T T
Cemetery X X X C C
Check Cashing Business C X C P C
Club, Lodge, and Meeting Hall (See Assembly Hall above) --- --- --- --- --- Educational Institutions (Public or Private) C P C P P
Drive-Thru Establishment, Non-Restaurant (see Chapter 16.66) X C* X C* C* Funeral Parlor/Mortuary X C X C C
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Media Broadcasting Station C C C C C
Newsrack (See Chapter 16.68) A* A * A* A* A*
Parking Lot for off-site use C C C C C
Pawn Shop X X C P X
Utility Substation C C C C C
Swap Meet/Flea Market X X T T T
Tattoo Studio X X C C X
Trade/Technical School X P C P P
Wedding Chapel C C C C X
C. Chapter 16.58 of the Santa Paula Municipal Code is hereby amended to add a new section 16.58.015, entitled “Additional Requirements Applicable to Smallscale Alcohol Producers,” to read as follows:
§ 16.58.015 ADDITIONAL REQUIREMENTS FOR SMALL-SCALE ALCOHOL PRODUCERS.
(A) General standards.
(1) Prior to commencement of the use, a plan must be approved by the Community & Economic Development Director demonstrating compliance with the following requirements: the parcel boundaries, site elements including building location, location of any open air seating, location of parking spaces, street access, designated loading area, and any required buffers, signage, as well as the layout and square footage of each use proposed within the building. (2) For any new construction, excluding additions of less than 50% of the existing building footprint, parking shall be located behind the front line of the principal building.
(3) For any new construction, excluding additions of less than 50% of the existing building footprint, the street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the facility. (4) A 6-foot fence and 10’ set-back is required where abutting a residential use or vacant residentially zoned or entitled parcel.
(5) Outdoor storage may be allowed with the review and approval by the Community and Economic Development Director.
(6) An area for loading and unloading shall be shown on the required plan. The loading area must be sited in a way that minimizes the impact on any surrounding neighborhood.
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(7) A maximum of one (1) delivery vehicle, not to exceed two axles and 25 feet, stored on-site is permitted.
(8) The brewery, cidery, seltzery, winery, meadery or distillery must be licensed by the California Alcohol and Beverage Control (ABC) Authority. (9) All production, packaging and retail sales may be allowed with the review and approval by the Community and Economic Development Director. (10) A plan for disposal of any spent product that occurs as part of production shall be included in the plan submitted to the Community & Economic Development Director.
(11) Hours of operation and total allowed alcohol production volume shall be established by the required Conditional Use Permit.
(12) A sewage plan and all on-site infrastructure shall be approved by the appropriate City or County departments and shall include a waste water pretreatment system, clarifier, or equivalent filtering device. (B) Additional Standards in the Central Business District. (1) No parking is required. Any parking that is provided must comply with the standards in Chapter 16.46 for off-street parking, stacking and loading. (2) Production capacity shall not exceed 50% of the amount in the definition of each small-scale alcohol use.
(C) Development Standards – Off-street Parking, Stacking and Loading. (1) Any parking that is provided must comply with the standards in Chapter 16.46 for off-street parking, stacking and loading except as follows:

Land Use(1)
Required Off-Street Parking Spaces
Resident/Guest/Employee Parking Compact/Business
Vehicle Parking
Commercial
Small-scale
Brewery, Cidery,
Seltzery, Winery,
Meadery, or
Distillery
One space per 500 square feet of space not
devoted to seating or waiting such as
production, storage or office.
0 - 4,000 sf: 1 space per 80 sf of gross
floor area
Compact: Maximum 15%
where 20 spaces are
provided
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>4,000 sf: 1 space per 80 sf of gross floor
area for first 4,000 sf, then 1 space per
100 sf for area over 4,000 sf
Outdoor seating need not be included in
the calculation of required spaces.

Downtown (CBD Zone)
Retain existing parking spaces.

Abbreviations: sf=square feet
(1) Parking for all uses not specified in this table will be determined at the discretion of the Community & Economic Development Director.

SECTION 6. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Santa Paula Municipal Code.

SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8: The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED AND ADOPTED this ____ day of October 2023.
________________________________
Andy Sobel, Mayor
ATTEST:

Julie Latshaw, City Clerk
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APPROVED AS TO FORM:

Monica Castillo, Interim City Attorney
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To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: SECOND READING AND ADOPTION OF ORDINANCE NO. 1330 UPDATING CHAPTER 151 FLOOD DAMAGE PREVENTION OF THE

SANTA PAULA MUNICIPAL CODE
Date: October 4, 2023
Agenda Item: 9.G

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Conduct the second reading of and adopt Ordinance No. 1330, updating and amending Chapter 151 Flood Damage Prevention of the Santa Paula Municipal Code.

BACKGROUND:

At its September 6, 2023 meeting, the City Council waived the first reading and introduced Ordinance No. 1330 (Exhibit A), updating Santa Paula Municipal Code Chapter 151 – Flood Damage Prevention and determined the project is categorically exempt from CEQA.

The Ordinance is now presented to the City Council for adoption.

ANALYSIS:

As part of a recent review of the City’s floodplain management provisions contained in Chapter 151 of the City’s Municipal Code conducted in a cooperative effort with representatives of FEMA and of the California Department of Water Resources (DWR), a series of updates and revisions were identified as necessary to bring the City’s Flood Damage Prevention into alignment with the current version of the California Building Code, as well as current FEMA and DWR floodplain management provisions. The updates and revisions to Chapter 151 would be accomplished by the proposed Ordinance, which will align the City’s Municipal Code with the Floodplain Management Model Code that has been developed by DWR, specifically as a companion to Appendix G, Flood Resistant Construction, of the California Building Code.

Among other items, the Ordinance will adopt updated provisions for mobile homes, recreational vehicles located in flood zones, as well as provisions for the regulation of flood hazards, variances, determination of substantial improvement and substantial damage, and changes to flood insurance rate maps. These updates to the City’s Municipal Code are intended to precede the adoption of updated flood maps, which are planned for release by FEMA in the fall of 2023.
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STRATEGIC PLAN:

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

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

FISCAL IMPACTS:

There will be no direct fiscal impact to the City as a result of this amendment. However, to the extent that new construction and renovations in Santa Paula meet current codes, the longevity and value of these improvements will be enhanced and will help to support the City’s tax base and local economy. Adoption of the amendment would also help to support the continued participation of the City in the NFIP, which helps to protect real property values within the City.

OPTIONS:

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

1. Do not approve Ordinance No. 1330, updating and amending Chapter 151 Flood Damage Prevention of the City’s Municipal Code, which may adversely affect the City’s standing and participation in the National Flood Insurance Program.

ATTACHMENTS:

EXHIBIT A - Ordinance No 1330 Flood Damage Prevention.pdf 344

EXHIBIT A
Ordinance No 1330 Flood Damage Prevention
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ORDINANCE NO. 1330

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
PAULA, AMENDING SECTIONS 151.05, 151.06, 151.07, 151.12, 151.20, 151.23, 151.24, 151.25, 151.35, 151.36, 151.47, AND 151.48, OF THE

SANTA PAULA MUNICIPAL CODE REGARDING FLOOD DAMAGE
PREVENTION.

The Council of the city of Santa Paula does ordain as follows:

SECTION 1. The City Council finds as follows:

A. The legislature of the State of California has in Cal. Gov't Code §§ 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

Therefore, the City Council does ordain the regulations as set out in Chapter 151 regarding Flood Damage Prevention.

B. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extra-ordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

C. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

D. Chapter 151 was originally adopted in 1981, then amended in 1988, 2000 and finally in 2009.

E. The City now desires to amend the Flood Damage Prevention chapter to update the terms of specific sections to bring them up to state requirements.

SECTION 2. Section 151.05 of the Santa Paula Municipal Code, entitled “Definitions”, is hereby amended to read in full as follows:
“151.05 DEFINITIONS.

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. 346
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Words and phrases not given a meaning by this chapter have the meaning set forth in the National Flood Insurance Program (42 U.S.C. §§ 40001, et seq.) and the regulations promulgated to implement the National Flood Insurance Program (44 Code of Federal Regulations §§ 59.1 to 59.30; 60.1 to 60.26).

APPEAL. A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.

APPEALS BOARD. A board consisting of members who are qualified by experience and training to pass on matters pertaining to floodplain management, regulation and associated engineering and are not employees of the City, as per the provisions of Section 113 and Appendix B of the California Building Code (CBC) (CCR Title 24 Part 2), except that that references to building official shall be replaced by Floodplain Administrator.

AREA OF SHALLOW FLOODING. A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

BASE FLOOD. The flood having a one percent chance of being equaled or exceeded in any given year (also called the “one-hundred-year flood”).

BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALLS. Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
(2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
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COMMUNITY. Any state or area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or Alaska Native village or authorized native organization, which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction. When used in this chapter, “Community” means the City of Santa Paula, unless the context clearly indicates otherwise.

DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations, flood control projects, and other land-disturbing activities.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) are completed before the effective date of a given regulation in this chapter.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of floodwaters, the unusual and rapid accumulation or runoff of surface waters from any source, and/or the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

FLOOD BOUNDARY AND FLOODWAY MAP. The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

FLOOD INSURANCE RATE MAP (FIRM). The official map of the community, on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the special hazard areas and the risk premium zones applicable to the Community.
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FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source (see definition of “flooding”).

FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as “regulatory floodway.”
FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include longterm storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 349
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(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement).

An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle.”
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

MEAN SEA LEVEL. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION. For floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a given floodplain management regulation adopted by the Community.

NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of 350
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concrete pads) is completed on or after the effective date of a given floodplain management regulation adopted by the Community.

ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD. A flood which has a one percent annual probability of being equaled or exceeded. It is identical to the “base flood,” which will be the term used throughout this chapter.

PERSON. An individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REMEDY A VIOLATION. To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its non-compliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.

SPECIAL FLOOD HAZARD AREA (SFHA). An area having special flood or floodrelated erosion hazards, and shown on an FHBM of FIRM as A, AO, A1-30, AE, A99, or AH Zone.

START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit 351
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date. The actual START OF CONSTRUCTION means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. PERMANENT CONSTRUCTION does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

STRUCTURE. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to it’s before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: Before the improvement or repair is started; or if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

VARIANCE. A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

VIOLATION. The failure of a structure or other development to be fully compliant with the Community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.”
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SECTION 3. Section 151.06 of the Santa Paula Municipal Code, entitled “Applicability”, is hereby amended to read in full as follows:
“151.06 APPLICABILITY.

These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.” SECTION 4. Section 151.07 of the Santa Paula Municipal Code, entitled “Basis for Establishing the Areas of Special Flood Hazard”, is hereby amended to read in full as follows:
“151.07 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for the City, dated September 3, 1997, and accompanying Flood Insurance Rate Map (FIRM), dated September 3, 1997, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this section. This FIS and attendant mapping is the minimum area of applicability of this section and may be supplemented by studies for other areas that allow implementation of this section and are recommended to the City Council by the Floodplain Administrator. The FIS and FIRM are on file in the office of the Floodplain Administrator at 970 E. Ventura Street, Santa Paula, California.”
SECTION 5. Section 151.12 of the Santa Paula Municipal Code, entitled “Severability”, is hereby amended to read in full as follows:
“151.12 SEVERABILITY.

If any section, section, sentence, clause or phrase of this chapter is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof, other than the part so declared.” SECTION 6: Section 151.20 of the Santa Paula Municipal Code, entitled “Severability”, is hereby amended to read in full as follows:
“§ 151.20 STANDARDS OF CONSTRUCTION.
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In all areas of special flood hazards the following standards are required:
(A) Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) All manufacturing homes shall meet the anchoring standards of § 151.23. (B) Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (4) Require within the AH or AO Zones, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (C) Elevation and floodproofing.
(1) New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated at least 1 foot above the base flood elevation. Nonresidential structures may meet the standards in subdivision (3) of this division. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.
(2) New construction and substantial improvement of any structure in the AO Zone shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subdivision (3) of this division. Upon the completion of the structure, the 354
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elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. (3) Nonresidential construction shall either be elevated in conformance with subdivisions (1) or (2) of this division or together with attendant utility and sanitary facilities:
(a) Be floodproofed so that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water; (b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c) Be certified by a registered professional engineer or architect that the standards of this division are satisfied. Such certifications shall be provided to the Floodplain Administrator.
(4) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(a) Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or (b) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
(5) Manufactured homes shall also meet the standards in § 151.23.” SECTION 6: Section 151.23 of the Santa Paula Municipal Code, entitled “Standards for Manufactured Homes”, is hereby amended to read in full as follows:
“151.23 STANDARDS FOR MANUFACTURED HOMES.
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All new and replacement manufactured homes and additions to manufactured homes shall:
(A) Installation. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of these regulations. In addition to permits pursuant to these regulations, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator. (B) Foundations. All new and replacement manufactured homes, including substantial improvement of manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of Section R322.2 of the California Residential Code (CRC) (CCR Title 24 Part 2.5) and these regulations. Foundations for manufactured homes subject to Section 151.23(E) of these regulations are permitted to be reinforced piers or other foundation elements of at least equivalent strength. (C) Anchoring. All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind loads and seismic loads.
(D) General elevation requirement. Unless subject to the requirements of Section 151.23(E) of these regulations, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at least 1 foot above the base flood elevation. (E) Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 151.23(D) of these 356
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regulations, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as a result of flooding has occurred, shall be elevated such that either the:
(1) Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation. (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.
(F) Flood damage-resistant materials. Materials below elevated manufactured homes shall comply with the flood-damage resistant materials requirements of Section R322 of the CRC (CCR Title 24 Part 2.5).
(G) Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R322 of the CRC (CCR Title 24 Part 2.5).
(H) Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the lowest floor or bottom of the lowest horizontal structural member of the manufactured home, as applicable to the flood hazard area.

Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 151.23(D) or Section 151.23(E), as applicable, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).('81 Code, § 15.44.190) (Ord. 906, passed - -88) Penalty, see Ch. 13
SECTION 7: Section 151.24 of the Santa Paula Municipal Code, entitled “Standards for Recreational Vehicles”, is hereby amended to read in full as follows:
“151.24 STANDARDS FOR RECREATIONAL VEHICLES.
(A) Temporary placement. Recreational vehicles in flood hazard areas, shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use. Ready for highway use means the recreational vehicle is on wheels or 357
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jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches.
(B) Permanent placement. Recreational vehicles that do not meet the limitations in Section 151.24(A) for temporary placement shall meet the requirements of Section 151.23 for manufactured homes.”
SECTION 8: Section 151.25 of the Santa Paula Municipal Code, entitled “Floodways”, is hereby amended to read in full as follows:
“151.25 FLOODWAYS.
(A) Located within areas of special flood hazard established in § 151.07 are areas designated as floodways.
(B) Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If subdivision (1) of this division is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this subchapter.”
SECTION 9: Section 151.35 of the Santa Paula Municipal Code, entitled “Appeals Board”, is hereby amended to read in full as follows:
“151.35 APPEALS BOARD.
(A) The Appeals Board shall hear and decide appeals and requests for variances from the requirements of this chapter and shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. (B) Any interested person may appeal action taken by the Appeals Board to the City Council.
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(C) In passing upon such appeals and variance applications, the Appeals Board and the City Council shall consider all technical evaluations, all relevant factors, and standards specified in other sections of this chapter, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) The safety of access to the property in time of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. (D) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subdivisions (1) through (11) of division (C) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
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(E) Upon consideration of the factors of division (C) of this section and the purposes of this chapter, the Appeals Board or City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (F) The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances to the Federal Insurance Administration, Federal Emergency Management Agency.” SECTION 10: Section 151.36 of the Santa Paula Municipal Code, entitled “Conditions for Variances”, is hereby amended to read in full as follows:
“151.36 CONDITIONS FOR VARIANCES.
(A) A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic structure upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure.
(B) Variances cannot be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(C) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (D) Variances can only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
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(E) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of divisions (A) through (D) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (F) Any applicant to whom a variance is granted must be given written notice, over the signature of the Floodplain Administrator, that issuing a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and such construction below the base flood level increases risks to life and property. A copy of the notice must be recorded by the Floodplain Administrator in the office of the County Recorder and be recorded in a manner so that it appears in the claim of title of the affected parcel of land.”
SECTION 11: Section 151.47 of the Santa Paula Municipal Code, entitled “Designation of the Floodplain Administrator”, is hereby amended to read in full as follows:
“151.47 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.

The Public Works Director or the City Engineer, when so designated by the Director, shall serve as the Flood Plain Administrator, and shall administer and implement this chapter by granting or denying development permits in accordance with its provisions.” SECTION 12: Section 151.48 of the Santa Paula Municipal Code, entitled “Duties and Responsibilities of the Floodplain Administrator”, is hereby amended to read in full as follows:
“151.48 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
(A) Permit review.
(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied;
(2) All other required state and federal permits have been obtained; 361
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(3) The site is reasonably safe from flooding;
(4) For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the effective Flood Insurance Study or on the effective FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community.
(B) When base flood elevation data has not been provided in accordance with § 151.07, the Floodplain Administrator shall obtain review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer §§ 151.20 through 151.24 of this chapter. Any such information shall be submitted to the City Council for adoption.
(C) Whenever a watercourse is to be altered or relocated:
(1) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.
(D) Obtain and maintain for public inspection and make available as needed:
(1) The certification required in §§ 151.20(C)(1), (C)(2), (C)(3)(c), and (C)(4)(a) and (b);
(2) The certified elevation required in § 151.22(B);
(3) The certification required in § 151.24(B)(1).
(E) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §§ 151.35 and 151.36.
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(F) Take action to remedy violations of this chapter as specified in § 151.08. (G) Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(2) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(4) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.
(H) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available. (I) When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be 363
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prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA.

Submittal requirements and processing fees shall be the responsibility of the applicant.

Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.”
SECTION 13: Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 14. California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(c)(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) and 15378 (the activity is not a project under CEQA) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 15. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. //
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SECTION 16. Certification and Publication. The City Clerk of the City of Santa Paula shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Santa Paula, California on the ____ day of October, 2023. ____________________________
Andy Sobel, Mayor
ATTEST:
________________________________
Julie Latshaw, CMC, City Clerk
APPROVED AS TO FORM:
________________________________
Monica Castillo, Interim City Attorney
APPROVED AS TO CONTENT:
________________________________
Dan Singer, City Manager
365
To: Honorable Mayor and Members of the City Council
From: Donald Aguilar, Interim Police Chief
Subject: REQUEST AND AUTHORIZATION FOR PERSONNEL TO ATTEND THE 2024 CHANDLER, ARIZONA LAW ENFORCEMENT EXPLORER

TACTICAL COMPETITION
Date: October 4, 2023
Agenda Item: 9.H

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Authorize Santa Paula Police Department personnel, acting as chaperones to 14 Explorers, to travel to and attend the 2024 Law Enforcement Explorer Tactical Competition in Chandler, Arizona.

BACKGROUND:

On November 5, 2022, Explorers from the Santa Paula Police Department participated in the annual Ventura County Sheriff Explorer Tactical Tournament (VCETT). This event took place at the Sheriff’s Criminal Justice Training Center in Camarillo. Santa Paula Police Explorer POST #2350 took 1st place in both the Tubular Assault scenario and the Check Well-Being scenario. The Explorer POST was also named the most Outstanding POST of the entire competition, giving our Post the honor of being the current holder of the VCETT flag. As part of the honor of being the holder of the VCETT flag, our POST’s name is the first explorer post to be embroidered on the flag.

On January 14 and 15, 2023, Explorers from the Santa Paula Police Department participated for the first time in the Chandler, Arizona Law Enforcement Explorer Tactical Competition.

Explorer POST #2350 earned a 3rd Place award in the "Unknown Alarm Response" scenario.

On August 12 and 13, 2023, Explorers from the Santa Paula Police Department participated in the Channel Islands Challenge Tactical Competition. Explorer Post #2350 earned a 1st Place award in "Officer Down" scenario, a 2nd Place award in the "Building Search" scenario, and five 3rd Place awards in the "Virtual Reality Simulator Female", "Virtual Reality Simulator Male", "Fiver Person Bearcat Pull", "Traffic Stop", and "Crisis Negotiations" scenarios.

The mission of the Santa Paula Police Department (SPPD) Explorer Program is to provide a strong Community Based Policing Program for our youth that will help encourage and guide them to a better path for the future. Through education and training, Explorers learn about 366
leadership, teamwork, discipline, and friendship and they develop a working knowledge of law enforcement procedures, duties and concepts that might interest them in a possible career in law enforcement.

ANALYSIS:

Interim Police Chief Aguilar has authorized POST #2350 advisors to plan out the logistical requirements for the 2024 Chandler Arizona Law Enforcement Tactical Competition, including the completion of registration and housing for the explorers and advisors. Additionally, interim Police Chief Aguilar has approved the Explorers attending the competition and is requesting approval from City Council due to police personnel and volunteer advisors attending and the competition being out of state. Per the adopted Travel Policy, any personnel attending an event out of state requires the authorization of City Council.

Police personnel attending the event will be:

Officer Donovan Varela
Officer Alfred Valencia
Officer Sergio Gutierrez
Dispatcher Amanda Salinas
CSO Juan Navarrete
Police Volunteer Juan Olmos
The competition takes place from January 13-14, 2024, in Chandler, Arizona. POST #2350 explorers and advisors will be leaving on January 12, 2024, the team will compete in this national competition and will return on January 15, 2023. It is anticipated 14 explorers will be registered to compete and five (5) advisors attending to chaperone. Chaperones are required to attend, as several Explorers are under the age of 18 and require consent from their parent or guardian. Registration for the event is estimated to be $2,200 and the accommodations at an Airbnb are estimated at $2,900. Food for the stay will be estimated to be $1,400 and estimated fuel costs are $700. Police staff intend to take the department's Ford Explorer Van, Unit #431, Ford Expedition, Unit #454, and the Ford Explorer, Unit #469.

Estimated Personnel Overtime Costs:

Officers: 16 hours
Dispatcher: 24 hours (Backfill)
Cadet: 0 total hours
Volunteer: N/A
STRATEGIC PLAN:

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

FISCAL IMPACTS:
367
The Police Department budget (GL 100-5-4502-322) for Explorer expenses has sufficient allocation for the total cost of travel, lodging, registration and per diem for this competition which is estimated to cost $7,200 in total. Police staff are utilizing the most economic means of transportation and lodging accommodations available. No additional allocation is requested at this time.

Overtime costs for officers are estimated to be $1,318.40 under budget GL 100-5-4502-003.

Overtime costs for dispatcher is estimated to be $1,466.40 under budget GL 100-5-4504-003.

A budget transfer may be needed from regular salaries to overtime, to be authorized at the City Manager level.

OPTIONS:

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

1. Decline to authorize out-of-state travel of SPPD personnel to accompany the Santa Paula Explorer POST team to attend the 2024 Chandler, Arizona Law Enforcement Explorer Tactical Competition.

ATTACHMENTS:
368
To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: AUTHORIZATION OF OUT OF STATE TRAVEL
Date: October 4, 2023
Agenda Item: 9.I

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Council is asked to authorize travel to conferences out of state for both the Interim Chief of Police and the City Manager, per the adopted Travel Policy.

BACKGROUND:

The Council's adopted Travel & Training Policy requires City Council approval for any travel occurring outside of California. The Policy is being revised with an anticipated draft brought to the City Council on October 18, 2023 which will propose modifications to the out-of-state requirements.

ANALYSIS:

On September 13 through September 16, 2023, Interim Police Chief Don Aguilar attended the National Latino Peace Officers Annual Conference in Orlando, Florida. Chief Aguilar attended workshops to enhance expertise and knowledge in his position. He attended “The Pulse” Nightclub Mass Shooting Debrief, Financial Crimes Investigations, Active Assailant Response, Crisis Response, and Hostage Negotiations. Chief Aguilar is requesting reimbursement for conference registration $325, lodging $510.75, and rental car $257.39. He covered costs on his own for airfare, airport parking, and meals.

On September 30 through October 3, the City Manager attended the annual International City Manager's Association (ICMA) conference in Austin, Texas. Consistent with the City Manager employment agreement, the City will support professional development and training as well as the costs of membership associated with ICMA and other professional organizations.

Attendance at this year's ICMA conference was anticipated and budgeted. To remain consistent with the current Travel Policy, and since this conference is held out of state, authorization by Council is sought so that conference attendance expenses can be covered by the City.

STRATEGIC PLAN:

FISCAL IMPACTS:
369
Costs associated with attendance at both conferences is budgeted for in the current year adopted budget.

The mentioned costs for Chief Aguilar for attending the National Latino Peace Officers Annual Conference totaling $1,093.14 (conference registration $325, lodging $510.75, and rental car $257.39) is budgeted under 100-5-4501-352.

The associated costs for the City Manager to attend the ICMA conference are budgeted under 100-5-0511-352.

OPTIONS:

Council could deny the request and require the Interim Chief and the City Manager to pay associated expenses out of pocket.

ATTACHMENTS:
370
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: CITY STREET NAMES RECOMMENDATIONS
Date: October 4, 2023
Agenda Item: 10.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

1. Discuss and provide feedback to staff regarding the amended list of suggested street names attached to Resolution No. 7483.

2. Adopt Resolution No. 7483 with any modifications to the amended list of suggested street names.

Presented by: James Mason, Community & Economic Development Director BACKGROUND:

The city’s street naming policy is based on a set of criteria for consistency and to provide clarity for public safety response. It can also provide a historical and local context that enhances community identity.

Santa Paula Municipal Code § 16.80.770 Street Design and Improvement states:

All new public streets proposed or required within or adjacent to a subdivision must be designed in accordance with adopted city street standards and the following requirements:
(F) All streets within a subdivision must be named in accordance with City Council resolution.

On February 21, 2006 the City Council adopted Resolution No. 6274 (Attachment A) which amended the street naming list. The resolution identifies the following procedure and approval process for street naming:

Procedure and Approval of Street Names

1. All street names shall be the subject to the review and approval of the City Council at the time of approval of a subdivision final map or parcel map or at other such times as the City Council is requested to approve a street name. The City Council may, at is sole discretion, reject or change and proposed street name.

2. It is recommended that street names to be selected from the List of Suggested Street names. If a proposed street name does not appear on the list, the person proposing the 371
name shall provide a written statement explaining the significance of the name, including the identity of any individual for whom the street is proposed to be named.

3. A name shall not be issued in the event such a name is the same name as, similar to, or likely to be confused with any other existing public or private street name in use in or near Santa Paula. City staff will evaluate all new street names in accordance with policy, and make recommendations to City Council.

4. Names shall automatically be removed from the list of suggested street names upon use for public or private streets in or near Santa Paula.

Prior to approval of new subdivisions and tract maps, street names are reviewed by City departments and by the Ventura County Fire Protection District. The procedure and approval requirements for street naming identified by the Ventura County Fire Protection District and the Ventura County Geographic Information Department are consistent with City policy, which is to ensure that a street name shall not be issued if is the same as, similar to, or likely to be confused with, any other existing public or private street name in use in or near any jurisdiction in the county.

On April 19, 2023 the City Council held a Study Session to review the street naming policy and provided recommendations to staff on the framework for an updated street naming criteria.

ANALYSIS:

The current opportunities for new subdivision developments requiring new street names within the city are limited due to existing municipal and jurisdictional boundaries. These key development areas include future phases of the Harvest development in East Santa Paula and the proposed development of the 54-acre Santa Paula West Business Park. By providing a variety of street names, new development will have flexibility to implement names that enhance community identity and create clarity for emergency responders.

Periodic review and updates to the street name list can inform how the City of Santa Paula commemorates people, places, and events in the naming of streets. The expansion of available street names can encourage greater equity and inclusion in place-making and promote a broader understanding of history and its legacy in the community. In addition, expanding the street names to include more locally relevant references can help to reflect community values by visibly showing how we choose to collectively honor the past, mark the present, and shape the future.

Santa Paula is a diverse community that represents many lived experiences, backgrounds, and identities. However, the City’s current street name list does not fully reflect its rich history, cultures, and diversity. There is an opportunity to create more balance and local relevance by incorporating street names that recognize and value the traditions, knowledge and insights of a broader Santa Paula history and by the inclusion of references to the local indigenous and Latino communities.

At this time, the Council may wish to review the existing approved naming list identified in Attachment A and consider names that could be added or removed from that list. Attachment B contains the current street name list as of January 2023. Further consideration of any amendments by Ventura County Fire may be required following the formal Council action. 372
STRATEGIC PLAN:

None
FISCAL IMPACTS:

None
OPTIONS:

City Council has the following options in addition to staff's suggested action:

1. Decline to adopt the Resolution.

ATTACHMENTS:

ATTACHMENT A RESO NO. 7483.docx
Attachment_B_-_SP_Existing_Street_Names_Jan_2023.pdf
373

ATTACHMENT A
RESOLUTION NO. 7483
374
RESOLUTION NO. 7483

A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA

AMENDING THE LIST OF SUGGESTED STREET NAMES
The City Council of the City of Santa Paula does hereby resolve as follows:

SECTION 1: Recitals.

A. On February 2, 2004, the City Council adopted procedures for the naming of streets and approved a list of suggested street names outlined in an associated document "City of Santa Paula Street Naming Procedure and List of Suggested Street Names" (“Procedures”).

B. On February 21, 2006, the City Council amended the Procedures.

C. On April 19, 2023, the City Council directed staff to amend the Procedure’s suggested street names list to better represent the specific identity of the Santa Paula community including historic figures, geophysical features, military service personas, and public safety officers killed in action.

SECTION 2: The City Council hereby adopts the amended Procedures attached as Exhibit A to this Resolution and rescinds prior resolutions establishing and amending the Procedures.

SECTION 3: This Resolution becomes effective immediately upon adoption and will remain effective until superseded by a subsequent resolution.

PASSED AND ADOPTED this 4th day of October 2023
____________________________
Andy Sobel, Mayor
ATTEST
___________________________
Julie Latshaw, City Clerk

APPROVED AS TO FORM
______________________________
Monica Castillo, Interim City Attorney

APPROVED AS TO CONTENT
______________________________
Dan Singer, City Manager
375

EXHIBIT A
TO RESOLUTION NO. 7483
376

PROCEDURES FOR APPROVAL OF STREET NAMES

1. All street names shall be subject to the review and approval of the City Council at the time of approval of a subdivision final map or parcel map or at other such times as the City Council is requested to approve a street name. The City Council may, at its sole discretion, reject or change any proposed street name.

2. It is recommended that street names be selected from the List of Suggested Street Names. If a proposed street name does not appear on the list, the person proposing the name shall provide a written statement explaining 'the significance of the name, including the identity of any individual for whom the street is proposed to be named.

3. A name shall not be issued in the event such name is the same as, similar to, or likely to be confused with any existing public or private street name in use in or near Santa Paula. City staff will evaluate all new street names in accordance with policy, and make recommendations to City Council.

4. Names shall automatically be removed from the list of suggested street names upon use for public or private streets in or near Santa Paula. 377

AMENDED STREET NAMES LIST
City of Santa Paula Possible Street Names

HISTORIC NAMES OF SANTA PAULA
Bravo Brown Castaneda Harding
Millharn Preciado Thille Valdez

HISTORIC NAMES OF CALIFORNIA AND THE WEST
Anza (Juan Bautista) Cabrillo (Juan Rodriguez)
Cermeno (Sebastian Rodriguez) Cesar Chavez
Clark (William) Coronado (Francisco Vasquez)
Crocker (Charles) Doheny (E.L.)
Douglas (Donald) Drake (Francis)
Figueroa (Jose) Fremont (John C.)
Angustias de la Guerra (Maria) Hale (George E.)
Hopkins (Mark) Huntington (Collis P.)
Ishi (Native American) Jackson (Helen Hunt)
Kientepoos ("Captain Jack") Lewis (Meriwether)
Millikan (Robert A.) Muir (John)
Neve (Filipe) Ortega (Jose)
Pico (Pio) Portola (Gaspar)
Steams (Abel) Steinbeck (John)
Stockton (Robert) Sutter (John)
Vallejo (Mariano) Vancouver (George)
Vincaino (Sebastian)

SANTA PAULANS KILLED IN ACTION
WW1
Carter Ingalls
WW2
Autry Avendano Bastow Boles
Cano Clark Cole Crotty
Black On the existing street name list
Orange New street names
Redline Currently in use
378
Cryer Diaz Doran Duncan
Ingrum Juarez Kittrell Lewis
Mahan McClain Mercer Moore
Pinkerton Richardson Robles Schwindt
Spain Spencer Wagner Yarbrough
Koren War
Brown Bustillos Hernandez Hubbard
Luftenberg Moffet Moreno Soto
Travis Villa
Vietnam
Bottan Cavender Chavez Jackson
Keith Payne Vasquez
SPPD
Barmore Norman

NUMBERS
At Appropriate Locations
1st 2nd 3rd 15th +

LOCAL GEOPHYSICAL POINTS OF INTEREST
Mountains
Abel Alamo Boney Cobblestone
Conejo Dry Lakes Frazier Hopper
McDonald Monte Arido Mount Pinos Nordhoff
Oat Ortega Pine San Emigdio
San Gabriel San Jacinto San Rafael Sandstone
Santa Monica Santa Susana Santa Ynez Sewart
Sierra Madre Simi Hills Tehachapi Topa
Whiteacre
Lakes & Rivers
Agua Blanca Calleguas Casitas Castaic
Coyote Gibraltar Las Virgenis Piru
Pyramid San Antonio Sespe Sherwood
Thacher Utom (Chumash Name For Santa Clara River)
Valleys, Canyons, and Others
Arch Rock Arrastra Bardsdale Canada Larga
Channel Islands Cuddy Cuyamaca Las Posas
379
Little Simi Lockwood Los Padres Matilija
Montalvo Orcutt Ozena Punchbowl
Quatal Rose Valley San Cayetano San Nicolas
Santa Rosa Simi Wishtoyo

NATIVE PLANTS
Trees
Birdbush Bishop Buckeye Catalina
Coulter Cypress Ironwood Yerba
Shrubs & Herb
Bluecurls Brickell Brittlebush Chaparral
Chia Coffeeberry Cudweed Currant
Deerweed Durango Fescue Goldenbush
Goldfields Greenbark Hedgenettle Hollyleaf
Jojoba Laurel Manzanita Mardone
Milkweed Myrtle Needlegrass Palo Verde
Redberry Redheart Rooreh Sagebush
Sawtooth Seep Sourberry Sumac
Tarragon Toluca Tule Vervain
Wildrye Woolly Zygadene
Cactus or Succulent
Agave Cereus Cholla Dudleya
Lanceleaf Liveforever Prickley Pear Saguaro
Flowers
Aster Bugler Chamise Clarkia
Coreopsis Four O'Clock Fuchsia Gilia
Godeita Goldenaster Goldenrod Honeysuckle
Lupine Mallow Mariposa Menzies'
Morning Glory Nightshade Penstemon Phacelia
Polypod Primrose Snapdragon Sun Rose
Suncup Sunflower Tidy Tips Watercress
Wildrose Wishbone Yarrow

CITRUS & AVOCADO
Allen Bacon Campbell Eureka
Mandarin Pinkerton Washington

NATIVE BIRDS
380
Auklet Condor Cormorant Goldfinch
Grebe Guillemot Gull Hummingbird
Loon Murre Murrelet Nuthatch
Oystercatcher Parrot Pelican Petrel
Phoebe Pigeon Plover Scoter
Stilt Warbler Willet

CHUMASH WORDS
Ceanothus Islay Juniper Kaxpanis
Khap Momoy Pash Posh
Pulash Qayas Qupe Sage
Tarragon Tash Topo Toyon
Washiko Yucca
381

ATTACHMENT B

EXISTING STREET NAMES

CITY OF SANTA PAULA
JAN 2023
382

FULL STREET NAME
13TH ST
5TH ST
6TH ST

ACACIA RD

ACACIA WY

AIRPORT GATE

AMBER DR

ANACAPA MOBILE HOME
PARK

ANACAPA TE

APRICOT WY

APRIL LN

ARTHUR AV

ATMORE DR

AUTUMN PATH LN

AVOCADO WY

BAHIA CI

BANK DR

BECKWITH RD

BEDFORD CT

BEDFORD ST

BEECH DR

BEECH TAXI WY

BIRCH ST

BLANCHARD AV

BRADLEY ST

BRETT WY

BRIDGES CT

BRUCE DR

CABRILLO CT

CADWAY ST

CALIFORNIA ST

CALPIPE RD

CAMERON ST

CASABELLA CT

CEDAR ST

CELEBRATION LN

CEMETERY RD

CENTER LN

CESSNA TAXI

CHERRY DR

CHERRY HILL RD

CITRUS ST

CLIFF DR

COLGATE ST

COLTON CT

CORNELL DR

CORONADO CI

CORPORATION CT

CORPORATION ST

CORTE DESCANSO

CORTE GRANADA

CORTE LA BRISA

CORTE LINDA

CORTE MIRA FLORES

CORTE PALOMA

CORTO ST

COUNTRY VIEW CT

CRAIG DR

CRESTVIEW CT

CURTISS TAXI

DALE CT

DANA DR

DARTMOUTH RD

DAVIS ST

DEAN DR

DICKENSON DR

DOGWOOD ST

DOVE CT

E HARVARD BL

E MAIN ST

E ORCHARD ST

E PLEASANT ST

E SANTA ANNA ST

E SANTA BARBARA ST

E SANTA MARIA ST

E SANTA PAULA ST

E SULPHUR MOUNTAIN RD

E VENTURA ST

E VIRGINIA TE

EASY ST

ELDERBERRY CT

ELIOT ST

ELIZABETH CT

ELLFRED CT
ELM ST

ELOISE ST

ENCINO PL

ERNEST DR

ESTRIGA CT
383

EUREKA DR

FAULKNER RD

FELKINS RD

FERN OAKS DR

FERRIS DR

FERRIS LN

FILLMORE ST

FLOYD ST

FOOTHILL RD

FOREST DR

FREMONTIA ST

FUCHSIA LN

FUERTE DR

GARCIA ALY

GARCIA ST

GATEWOOD LN

GLADE DR

GLEN WY

GRANT LINE ST

GREEN ST

GREENWOOD RD

GUIBERSON ST

HALLOCK DR

HAPPY ST

HARDISON ST

HARVARD BL

HARVEST LP

HARVEY DR

HASS CT

HAWTHORN ST

HIGH ST

HILLSIDE DR

HILLVIEW ESTATES

HOBBS CI
HOGAN #2 TAXI

HOLLY RD

HONEYWOOD CT

HOWARD TAXI

HOWIE CT

JUBILEE PL

JUNE ST

KING CT

KUMQUAT CT

LA VUELTA PL

LARKSPUR ST

LARMON LP

LASSEN DR

LAUREL RD

LAURIE LN

LAZIO TAXI

LEAVENS CT

LEMON WY

LEMONWOOD DR

LILAC LN

LIME WY

LIMONEIRA LN

LINDSAY LN

LISBON PL

LOMA VISTA PL

LOS ROBLES DR

LUCADA ST

MAGNOLIA DR

MANOR RIDGE RD

MANZANITA DR

MAPLE ST

MARCH ST

MARIGOLD LN

MARIN RD

MARIPOSA DR

MC KEVETT HEIGHTS RD

MC KEVETT RD

MEYER CT

MILL PL

MILLER PL

MONTCLAIR DR

MONTE VISTA DR

MONTEBELLO ST

MONTEREY PL

MORO WY

MORRISON LN

MOULTRIE PL

MUNGER DR

MUPU AV
N 10TH ST
N 11TH ST
N 12TH ST
N 13TH ST
N 14TH ST
N 4TH ST
N 5TH ST
384
N 7TH ST
N 8TH ST
N 9TH ST

N GIBBS DR

N MILL ST

N OAK ST

N OJAI ST

N OLIVE AV

N PALM AV

N PECK RD

N PUMP HOUSE LN

N STECKEL DR

NAVEL CT

NECTARINE DR
NEW ST

OAKDALE PL

OJAI RD

OLD HALLOCK DR

OLINDA WY

ORANGE DR

ORANGE WY

ORCHARD ST

OUTER DR

PACKING HOUSE ST

PALM AV

PALM CT

PAMELA CT

PAMELA LN

PARK ST

PEACH DR

PEACH WY

PEAR DR

PECK PL

PERALTA DR

PERSIMMON WY

PINEHILL LN

PLUM WY

POMEGRANATE PL

POPPY LN

PORTOLA CT

PRIETO ST

PRINCETON ST

QUAIL CT

RAILROAD AV

RALPH WY

REDBUD ST

REDWOOD LN

REGENT CT

RHAME TE

RICHARD RD

RICHMOND CT

RICHMOND RD

RIDGECREST DR

RINCON CT

ROGER RD

ROSEWOOD ST

ROYAL OAKS PL

RUNWAY TAXI
S 10TH ST
S 11TH ST
S 12TH ST
S 13TH ST
S 4TH ST
S 5TH ST
S 7TH ST
S 8TH ST

S CALAVO ST

S GIBBS DR

S HALLOCK DR

S MILL ST

S OAK ST

S OJAI ST

S OLIVE ST

S PALM AV

S PECK RD

S PUMP HOUSE LN

S STECKEL DR

SALAS ST

SAN CLEMENTE

SAN JUAN ST

SAN MIGUEL WY

SAN NICOLAS AV

SANTA CLARA RIVER

SANTA CLARA ST

SANTA CRUZ ST

SANTA MARIA ST

SANTA PAULA BRANCH LINE
RR

SANTA PAULA CREEK

SANTA PAULA ST

SATICOY ST
385
SAY RD

SEVILLE DR

SHASTA DR

SHEFFIELD ST

SHELL RD

SHEPARD RD

SKYLINE DR

SLOVAK ST

SONOMA LN

SOUTHWICK ST

STABEN CT

STANFORD ST

STEARMAN TAXI

STONEGATE RD

SUNKIST DR

SUNNY ST

SYCAMORE ST

TAIL SKID RD

TANGELO WY

TANGERINE WY

TEAGUE DR

TEAGUE RD

TELEGRAPH HW

TELEGRAPH RD

TERRACINA DR

TEXAS LN

THOMAS DR

TIBBETTS ST

TIRRE CT

TODD LN

TOWNS CT

TRENT LN

TRINITY LN

VALENCIA DR

VALENCIA WY

VELA CT

VENUS AV

VERNON PL

VERNON WY

VIA DEL PRADO

VIA PACIFICA

VIA PASADA

VIA SOLANA

VIEW DR

VISTA GRANDE DR

VISTA POINTE PL

W HARVARD BL

W MAIN ST

W PLEASANT ST

W SANTA ANNA ST

W SANTA BARBARA ST

W SANTA CRUZ ST

W SANTA MARIA ST

W SANTA PAULA ST

W VIRGINIA TE

WACO TAXI

WAKEFORD AV

WALDEN ST

WALNUT ST

WARREN AV

WELLMAN WY

WENDY LN

WESTERIA LN

WESTON CT

WHIPPLE RD

WILLOW LN

WOODLAND DR

WRIGHT TAXI WY

YALE CT

YALE ST
386
To: Honorable Mayor and Members of the City Council
From: Monica Castillo, Interim City Attorney
Subject: UPDATED MANUAL OF PROCEDURAL GUIDELINES FOR THE

CONDUCT OF CITY COUNCIL AND CONSTITUENT

BODY/COMMISSION MEETINGS FOR THE CITY OF SANTA PAULA
Date: October 4, 2023
Agenda Item: 10.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Resolution No. 7484 approving the "Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Santa Paula”
Presented by: Monica Castillo, Interim City Attorney
BACKGROUND:

In an effort to update the procedures and protocols governing Council meetings and operations, City staff prepared a draft Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Santa Paula. At study sessions held on January 18, 2023, March 1, 2023, August 9, 2023, and September 19, 2023, City staff presented the Manual to the Council for its review and direction. A copy of the Manual as revised by the Council is attached to the Resolution (Attachment A).

ANALYSIS:

The Manual updates and modernizes the guidelines governing the conduct of Council (and subordinate body) meetings and conforms the guidelines to State and Federal law. For example, the Manual expands on the rules for disqualifying contributions to appointed (and now) elected officials (Section 8.5), as well as the removal of disruptive members of the public (Section 10.4), among others.

The Manual also provides a meeting structure to govern the order of Council business (Section 6.1) as well as a structure for the consideration of individual agenda items (Section

7.5). The Manual also contains letterhead and email policies. To avoid a Brown Act violation, the email policy now addresses how Council is to respond to an email when all members are contacted by a member of the public about an issue (Section 9.4).

In addition, Section 5.1 provides an updated process for Councilmembers to add an item to 387
the agenda, depending on whether the item is time-sensitive. For items that are not timesensitive, the Manual requires a councilmember to provide the subject to be considered in advance of the meeting to the City Manager so that it can be added to the agenda for consideration by the full Council. This avoids the resultant discussion about the merits of the issue in violation of the Brown Act and allows the City Manager to determine there are adequate city resources to prepare the item. For time-sensitive matters (matters needing Council action within 45 days and that were not known before the meeting), the matter may be placed on the agenda for consideration without going through the City Manager. These matters require the support of two councilmembers made by a motion and second at the meeting.

As referenced in Section 10.1, also attached as Exhibit A to the Manual is an updated Code of Conduct. The Code of Conduct governs how City Officials should treat one another, City staff, constituents, and others they come into contact with in representing the City of Santa Paula.

The Code of Conduct also contains provisions for enforcement against Councilmembers specifically (Exhibit A, Sections 7 & 8 [censure]), and allows for the removal of a disruptive Councilmember for a period of time needed to cool off.

STRATEGIC PLAN:

This item does not directly support an identified objective of the 2023-2025 Strategic Plan.

However, an updated Manual benefits the community by promoting orderly, ethical, and transparent governance.

FISCAL IMPACTS:

None.

OPTIONS:

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

1. Do not approve Resolution No. 7484 and continue relying of the current procedural rules; or

2. Provide additional direction to City staff to revise provisions of the draft Manual.

ATTACHMENTS:

Attachment A - Resolution approving Council Procedures Manual-c1.pdf 388
65283.00001\32852529.1
RESOLUTION NO. 7484

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

ADOPTING A MANUAL OF PROCEDURAL GUIDELINES FOR THE CONDUCT OF

CITY COUNCIL AND CONSTITUENT BODY/COMMISSION MEETINGS
The City Council of the City of Santa Paula does resolve as follows:

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

A. Government Code § 36813 authorizes the City Council to establish rules governing the conduct of its proceedings;
B. The City Council of the City of Santa Paula wishes to adopt certain rules of order and procedure to ensure that government is conducted in the City in an orderly, fair and open way, and that the rights of the people to speak and be heard on matters of public interest are protected; and C. These rules are intended to comply with, the Ralph M. Brown Act (Government Code §§ 54950 - 54962) and other applicable law. The Brown Act and other applicable law will supersede any conflicting provision of the rules.

SECTION 2: Adoption of the Manual of Procedural Guidelines. The City Council hereby adopts the Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings (“Guidelines”), attached as Exhibit A.

SECTION 3: The Guidelines shall remain in place until rescinded by resolution of the City Council. All prior resolutions establishing and amending the Guidelines are hereby rescinded.

SECTION 4: This Resolution becomes effective immediately upon adoption and will remain effective until rescinded and superseded by a subsequent resolution.

PASSED AND ADOPTED this 4th day of October, 2023
__________________________
Andy Sobel, Mayor
ATTEST:
____________________________
Julie Latshaw, CMC, City Clerk
389
65283.00001\32852529.1
APPROVED AS TO FORM:
____________________________
Monica Castillo, Interim City Attorney
APPROVED AS TO CONTENT:
____________________________
Dan Singer, City Manager
390
65283.00001\32852529.1
Exhibit A
to
Resolution No. 7484
Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings
391

TABLE OF CONTENTS
Page
i
ARTICLE I - SCOPE ...................................................................................................... 1

1.1 Application of Rules .................................................................................. 1

1.2 Definitions ................................................................................................. 1 ARTICLE II - MEETINGS ............................................................................................... 2

2.1 Regular Meetings ...................................................................................... 2

2.2 Special Meetings ...................................................................................... 2

2.3 Emergency Meetings ................................................................................ 3

2.4 Attendance ................................................................................................ 3

2.5 Study Sessions ......................................................................................... 3

2.6 Adjournment ............................................................................................. 3 ARTICLE III - NOTICE AND AGENDA ........................................................................... 4

3.1 Notice and Agenda for Regular Meetings ................................................. 4

3.2 Notice and Agenda for Special Meetings .................................................. 4

3.3 Notice and Agenda for Adjourned Meetings ............................................. 4

3.4 Affidavit of Posting .................................................................................... 5 ARTICLE IV - CLOSED SESSIONS............................................................................... 5

4.1 Generally .................................................................................................. 5

4.2 Persons Authorized .................................................................................. 6

4.3 Confidentiality ........................................................................................... 6

4.4 Public Reports .......................................................................................... 6 ARTICLE V - AGENDA CONTENTS .............................................................................. 6

5.1 Preparation of Agendas ............................................................................ 6

5.2 Description of Matters ............................................................................... 7

5.3 Action Items .............................................................................................. 8

5.4 Resolutions ............................................................................................... 8

5.5 Ordinances (City Council Only) ................................................................. 9

5.6 Contracts and Agreements ....................................................................... 9

5.7 Limitation of Actions by Agenda .............................................................. 10

5.8 Public Comment Period .......................................................................... 10

5.9 Exceptions to Agenda Requirement for Action Taken ............................ 10

5.10 Minutes and Recordings ......................................................................... 11 ARTICLE VI - ORDER OF BUSINESS ......................................................................... 11

6.1 Order of Business ................................................................................... 11

6.2 Call to Order ........................................................................................... 12

6.3 Consent Items ......................................................................................... 12

6.4 City Representatives and Advisory Bodies (City Council Only) .............. 12

6.5 Budgets ................................................................................................... 14

6.6 Items from Members ............................................................................... 14 392

TABLE OF CONTENTS
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ARTICLE VII - PUBLIC COMMENT AND PRESENTATIONS ..................................... 15

7.1 City Council Meeting Presentations ........................................................ 15

7.2 Public Comment ..................................................................................... 15

7.3 Time Limitations ...................................................................................... 15

7.4 Additional Procedures for Public Comment on Agenda Items ................ 16

7.5 Procedural Order for Individual Agenda Items ........................................ 17 ARTICLE VIII - NOTICED PUBLIC HEARINGS ........................................................... 17

8.1 Public Hearings; Notice; Fairness ........................................................... 17

8.2 Continuance of Hearings ........................................................................ 18

8.3 Conduct of Hearings ............................................................................... 18

8.4 Extra-Meeting Contacts on Matters Set for Public Hearing ..................... 20

8.5 Contributions and Recusal (Levine Act) .................................................. 20 ARTICLE IX - OFFICERS ............................................................................................ 22

9.1 Presiding Officer ..................................................................................... 22

9.1.1 Mayor and Vice-Mayor ................................................................. 23

9.2 Representation of Legislative Body ........................................................ 23

9.3 Use of Letterhead. .................................................................................. 24

9.4 Email Policy ............................................................................................ 25

9.5 Social Media Policy ................................................................................. 25

9.6 Clerk/Secretary ....................................................................................... 28

9.7 City Manager .......................................................................................... 28

9.8 City Attorney ........................................................................................... 29

9.9 Conflicts of Interest ................................................................................. 31

9.10 No Financial Interest in Contracts ........................................................... 31

9.11 Ethical Standards .................................................................................... 31 ARTICLE X - DECORUM AND ORDER ....................................................................... 31

10.1 Decorum and Order ................................................................................ 31

10.2 Persons Authorized To Be Within Platform/Dais ..................................... 32

10.3 Personal Privilege ................................................................................... 32

10.4 Disruptive Members of the Public ........................................................... 32 ARTICLE XI - PARLIAMENTARY PROCEDURES ...................................................... 32

11.1 Procedures In Absence Of Rules ............................................................ 32

11.2 Precedence of Motions ........................................................................... 33

11.3 Voting...................................................................................................... 34

11.4 Votes Needed ......................................................................................... 34

11.5 Reconsider .............................................................................................. 35

11.6 Tie Votes ................................................................................................. 35

11.7 Abstentions ............................................................................................. 36 393

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11.8 Votes Of Members Previously Absent .................................................... 36

11.9 Appeals by Members of Legislative Body for Quasi-Adjudicatory Decisions ................................................................................................ 37

11.10 Findings and Decisions ........................................................................... 37

11.11 Presentation of Evidence ........................................................................ 37 ARTICLE XII - MISCELLANEOUS ............................................................................... 38

12.1 Interpretation ........................................................................................... 38

12.2 Amendments ........................................................................................... 38 394
65283.00001\40935224.9 1

MANUAL OF PROCEDURAL GUIDELINES FOR THE CONDUCT OF

CITY COUNCIL AND CONSTITUENT BODY/COMMISSION MEETINGS
(Last amended: October 4, 2023)

ARTICLE I -SCOPE

1.1 Application of Rules
This Manual (the “Manual”) shall establish the procedures for the conduct of all meetings of the City of Santa Paula City Council and other constituent, governing bodies and commissions as authorized by Government Code § 36813.

This Manual rescinds and supersedes all prior City resolutions setting forth rules of procedure for the conduct of meetings by City Legislative Bodies (defined below).

Wherever there is a conflict between this Manual and any prior City resolution, the terms and rules in this Manual shall govern. Resolutions more specifically superseded by this Manual include, without limitation, the following:

City of Santa Paula Resolution No. 6023;
City of Santa Paula Resolution No. 6161;
City of Santa Paula Resolution No. 7264;
City of Santa Paula Resolution No. 7294; and
City of Santa Paula Resolution No. 7376.

1.2 Definitions
The following definitions shall apply to these rules and procedures:
a) “Legislative Body” means any quorum of any council, board, commission or standing committee (as defined in Government Code § 54952), or other governing body of the City of Santa Paula that is subject to the Brown Act (Government Code § 54950 et seq.). This includes the Santa Paula City Council, Planning Commission, Recreation Commission, and any standing committee subject to the Brown Act. The term “Legislative Body” does not include Non-Governing Bodies, as defined below. b) “Presiding Officer” means the chairperson of the Legislative Body.

For example, this refers to the Mayor when read in the context of the City Council and the Chair of any Commission.
c) “Vice Chair” means the vice chairperson to the Presiding Officer. For example, the Vice Chair means the Vice Mayor in the case of the City Council and the Vice Chairperson of any Commission.
d) “Clerk/Secretary” means the person responsible for taking and maintaining the record of proceedings for all meetings, preparation of agendas, calendar clerk and custodian of rules, resolutions, ordinances and Legislative Body records. For example, the Clerk/Secretary refers to the City Clerk in the case of the City. 395
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e) “City Attorney” means the legal advisor to the Legislative Body. f) “City Manager” means the Chief Executive Officer of the City. The City Manager, or his/her designee, may also serve as the Personnel Officer pursuant to the City’s Personnel Rules and Regulations, adopted May 16, 2005, as may be amended.

The City Manager can designate appropriate staff to serve as the clerk/secretary to any Commission of the City.
g) “Non-Governing Bodies” means wholly advisory committees and bodies that are not subject to the provisions of the Brown Act. An “ad hoc” committee is an advisory committee not subject to the Brown Act if it (1) consists solely of less than a quorum of its parent Legislative Body, (2) is composed solely of members of its parent Legislative Body, (3) has no continuing subject matter jurisdiction, and (4) does not have a meeting fixed by formal action of its parent Legislative Body. h) “Sub-Legislative Bodies” means wholly advisory committees which are subject to the Brown Act. An advisory committee is subject to the Brown Act if it (i) is established by ordinance, resolution, or other formal action; or (ii) has a fixed regular meeting schedule; or (iii) has continuing subject matter jurisdiction over a non-temporary issue; or (iv) continues to conduct business in excess of 180 days; or (v) has a majority membership of officials from other Legislative Bodies.

These rules and procedures are enacted pursuant to authority granted by Government Code §§ 36813 and 54954 et seq. The purpose of this Manual is to provide that the Legislative Bodies’ procedures will be consistent with the Brown Act and also to establish procedures which will be convenient for the public and contribute to the orderly conduct of any Legislative Bodies’ business. The procedures herein are in addition to, and not in place of, applicable ordinances and statutes and in the event of conflict between this Manual and applicable ordinances or statutes, the latter shall govern. In the event that any state statute referenced herein is renumbered, the reference herein shall be deemed to refer to the successor statute dealing with the same subject matter.

ARTICLE II -MEETINGS

2.1 Regular Meetings
Unless otherwise specified by a resolution or ordinance applicable to a specific Legislative Body, the regular meeting of the City Council will be held on the first and third Wednesday of each month at 6:30 p.m. in the Council Chambers at City Hall, or at such other times or locations as the Legislative Body may from time to time designate, in the order of adjournment, or in the notice of call of any special meeting. In the event a day of meeting shall be a legal holiday, said meeting shall be held on the next business day, unless otherwise specified by the Legislative Body.

2.2 Special Meetings
The Presiding Officer may, when he or she deems it expedient, or upon the written request of a majority of the Legislative Body, call a special meeting of the Legislative Body 396
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for the purpose of transacting the business designated in the call. The means and method for calling such special meeting shall be as set forth in the Brown Act as it now exists in Government Code § 54956 or may hereafter be amended. The City Manager, when necessary for the purpose of conducting city business and the continuity of governance, may request the Presiding Officer to call a special meeting. At such special meeting, no business shall be considered other than as designated in the call.

2.3 Emergency Meetings
An emergency meeting may be called by the Presiding Officer or by a majority of the Legislative Body where an emergency exists. An “emergency” means:
a) A work stoppage, terrorist act or threat, crippling disaster or other activity which severely impairs public health or safety as determined by the majority of the Legislative Body; or
b) Such other circumstance specified by State law as authorizing the conduct of an emergency meeting. Any emergency meeting shall be called, noticed, and conducted only in accordance with the procedures set forth in State law at Government Code § 54956.5, as may be amended.

2.4 Attendance
A majority of members of the Legislative Body shall constitute a quorum. For example, three members of the City Council constitute a quorum. Less than a majority may meet at noticed public meetings to adjourn from time to time, or to compel the attendance of absent members. Any member who fails to attend all of the regular meetings of the Legislative Body for 60 days, unless such absences are excused, shall surrender the office and be deemed to have surrendered the office.

2.5 Study Sessions
The Legislative Body may meet informally in conference or “study” sessions regarding concerns of the Legislative Body to interchange information, provided that all discussions and conclusions shall be informal. Such meeting shall be called in the same manner as for special meetings or adjourned meetings, as applicable, and be subject to the Brown Act. Each notice shall indicate that an opportunity for public comment shall be provided before any matter shall be determined. When a meeting has been designated a Study Session, the Legislative Body shall not take any action with respect to the matter under study except with prior public notice, appearing on a properly posted agenda, of such intent to take action.

2.6 Adjournment
At 10:30 p.m., if business has not concluded, no new business will be considered unless by a majority vote the City Council agrees to begin new business. Items under consideration at 10:30 p.m. may be concluded. If a majority does not agree to begin new business, the remaining items will be postponed to the next City Council meeting. 397
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ARTICLE III -NOTICE AND AGENDA

3.1 Notice and Agenda for Regular Meetings
For every regular Legislative Body meeting, the Clerk/Secretary or his or her designee shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all the items of business to be discussed at the meeting as set forth in Article V. The notice and agenda may be combined in a single document.

The notice and agenda must be posted at least seventy-two (72) hours before the regular meeting in a location freely accessible to public twenty-four (24) hours a day during the seventy-two (72) hour period and where the notice and agenda is not likely to be removed or obscured by other postal material. Specifically, the notice and agenda shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:

SANTA PAULA CITY HALL FOYER

CITY OF SANTA PAULA WEBSITE

3.2 Notice and Agenda for Special Meetings
For every special meeting, the Clerk/Secretary or his or her designee shall post a written notice specifying the time and place of the special meeting and the business to be transacted and send such notice to each member of the Legislative Body (unless the member has filed a written waiver of notice with the Clerk/Secretary) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. The notice shall serve as the agenda for the special meeting and shall contain a brief description of all the items of business to be discussed at the meeting as set forth in Article V.

The notice for a special meeting shall be conspicuously posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to the public twenty-four (24) hours a day and where the notice is not likely to be removed or obscured by other posted material. Specifically, the notice shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:

SANTA PAULA CITY HALL FOYER

CITY OF SANTA PAULA WEBSITE

3.3 Notice and Agenda for Adjourned Meetings
The Legislative Body may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. Should less than a quorum be in attendance, the Clerk/Secretary will list the attendees in the minutes. If all members 398
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are absent from any regular or adjourned regular meeting, the Clerk/Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each member of the Legislative Body at least twenty-four (24) hours before the adjourned meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special, or adjourned special meeting was held, within twentyfour (24) hours after the time of adjournment. (Government Code § 54955.) When a regular or adjourned regular meeting is adjourned as provided herein, the resulting adjourned regular meeting shall be a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. If the subsequent meeting is conducted within five (5) days of the original meeting, matters properly placed on the agenda for the original meeting may be considered at the subsequent meeting. If the subsequent meeting is more than five (5) days from the original meeting, a new agenda must be prepared and posted pursuant to Government Code § 54954.2.

3.4 Affidavit of Posting
Immediately following the posting of the notice and agenda, the Clerk/Secretary or his or her designee shall complete an Affidavit of Posting, in a form to be developed by the Clerk/Secretary. The Affidavit of Posting shall indicate the time of the posting, the location(s) of the posting, and shall be signed under penalty of perjury. The Clerk/Secretary shall retain all such affidavits, together with a copy of each notice and agenda so posted. The affidavit, notice, and agenda shall be retained at least two (2) years subsequent to the date of posting, and pursuant to Government Code § 34090, shall not be destroyed by the Clerk/Secretary thereafter except in accordance with the City’s record retention policies.

ARTICLE IV -CLOSED SESSIONS

4.1 Generally
The Legislative Body may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in closed session. Public comment shall be permitted on closed session matters prior to the closed session. If a closed session is included on the agenda, the description of the item shall meet the requirements of and shall identify the statutory basis for the closed session. During closed session, the Legislative Body shall exclude all persons which it is authorized by State law to exclude from a closed session. No minutes of the proceedings of the Legislative Body during a closed session are required. There shall be no closed session during any emergency meeting. Closed session may not be held regarding a matter not listed on a properly posted agenda for closed session except upon the Legislative Body first taking action to place the item on the agenda as a closed session item as permitted by law. 399
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4.2 Persons Authorized
Persons present in the closed session shall be only those persons necessary to the discussion of the matter under consideration. All other persons shall be excused. The Clerk/Secretary may attend each closed session of the Legislative Body and keep and enter into a minute book a record of any reportable decisions made at the meeting.

4.3 Confidentiality
The minute book for any closed session is not a public record and shall be kept confidential and shall be available only to members of the Legislative Body or as otherwise provided by law. (Government Code § 54957.2(a).) No person attending a closed session shall publicly discuss or otherwise reveal the proceedings in the closed session unless such publication has been approved by the vote of the Legislative Body taken during the closed session or as otherwise required by law. Violation of this rule shall subject the violator to censure by the Legislative Body as provided in Section 7 herein.

4.4 Public Reports
Before recessing into closed session, the Presiding Officer or City Attorney shall announce that the Body is recessing into closed session and shall name each closed session topic that will be discussed in closed session in at least as much detail as shown on the agenda.

Following closed session, the Presiding Officer or City Attorney shall report publicly any reportable actions taken on a closed session matter and, if any vote was taken, shall announce that the matter was put to a vote, the results of the vote, and the vote or abstention of every member present.

Votes will be taken in closed session for those reportable actions identified in Government Code § 54957.1 including (1) approval of an agreement concluding real estate negotiations if Council’s own approval renders the agreement final; (2) approval given to legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter into an amicus curiae; (3) approval given to legal counsel of a settlement of pending litigation, as defined in the Government Code § 54956.9, if Council accepts a settlement offer signed by the opposing party; (4) a disposition reached as to claims if Council’s action approves a monetary payment agreed upon by the claimant; (5) an action to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee (provided such action is within the scope of Council authority); and (6) approval of an agreement concluding labor negotiations if Council’s own approval renders the agreement final.

ARTICLE V -AGENDA CONTENTS

5.1 Preparation of Agendas
a) Agenda Posting. Barring insurmountable difficulties, the agenda should ordinarily be delivered to the members of the City Council by 6:00 p.m. on 400
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Thursday preceding the City Council’s regular Wednesday meeting. In the event of a Special Meeting, agendas should be delivered no less than 24 hours before the time set for the Special Meeting or as promptly as practicable, whichever is earlier. The agenda shall also be available to the general public at the time it is delivered to the members of the Legislative Body, or in any case as required by the Brown Act. b) Future Agenda Items – Not Time-Sensitive. Any Legislative Body member may have placed on the agenda any business that should be deliberated upon in the future by the Legislative Body. Any Legislative Body member desiring to present a subject for the Legislative Body’s consideration shall submit to the City Manager a request to place the matter on a future agenda by completing a City-provided form. The form must be submitted no later than the Monday before the agenda is delivered to members of City Council. Such Monday is referred to in this Section as the “Submittal Deadline.” The form will at minimum require a description of the proposed matter for discussion and a requested future meeting date. The matter shall then be listed on the next agenda under “Items for Future Agendas” for discussion of whether it should be a future agenda item.

The listing of the matter allows a discussion of whether a staff report should be prepared and the item brought back for consideration. Action to place the item on a future agenda for consideration requires a consensus and the absence of an objection. If there is an objection, the Mayor must call for a majority vote. The City Manager has discretion as to when the item will be placed on the agenda, unless otherwise directed by the City Council. c) Future Agenda Items – Time-Sensitive. If a Legislative Body member does not become aware of a time-sensitive matter before the Submittal Deadline, the member may request by motion that the matter be placed on a future agenda during a meeting. The motion must be made during the portion of the meeting designated for “Items for Future Agendas.” At least one other councilmember must second the motion, and if there is none, the item may be submitted using the procedure described in paragraph b), above. A matter is “time-sensitive” if direction or action from the City Council is needed within 45 days. When making the motion, the moving member must state the reason why the matter qualifies as time-sensitive.
d) Notwithstanding the foregoing, the City Manager generally has responsibility for setting the agenda for the Legislative Body in consultation with the Mayor (except for any Commission where the responsibility may be assigned to the City Manager’s designee), and may place matters on the agenda in accordance with the City Manager’s evaluation of administrative priorities and resource capacities of City.

5.2 Description of Matters
All items of business to be transacted or discussed at a meeting of the Legislative Body, shall be briefly described on the agenda. The description may, but need not, set out the specific action or alternatives which will be considered by the Legislative Body, but should contain sufficient detail so that a person otherwise unaware could determine the general nature or subject matter of the item by reading the agenda. The description of closed session matters shall meet the requirements of Government Code §54954.2 401
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and, where applicable, §54954.5. Matters may be designated as “pending” and listed for the sole purpose of determining if they will be on a future agenda.

5.3 Action Items
a) Matters may formally be adopted by an ordinance, a resolution, minute order, or other motion (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding but vary in the formality of respective memorialization. While most actions will be presented to the Legislative Body in a written form prior to, or at, the meeting, the Legislative Body may amend any proposed action as written by carried motion of the Legislative Body at the time of its presentation for adoption. If an action as written is so amended by the Legislative Body, it shall be revised to reflect the Body’s amendments for later execution by the Presiding Officer. b) Besides ordinances and resolutions, action can be taken by motion and recorded as a minute order. A “minute order” denotes a Legislative Body action which is recorded simply by an item entered in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. c) As a general rule, a recorded majority of the quorum for a Legislative Body may take an action. However, for the City Council, resolutions, orders or the payment of money, and all ordinances require a recorded majority vote of the total membership of the City Council. Some actions, such as the passage of an urgency ordinance or adoption of a resolution of necessity to condemn property, require a supermajority vote. Under the Political Reform Act of 1974, a member with a financial conflict of interest regarding a matter before the member’s board must leave the room while that matter is being discussed, heard, or acted on, so that member cannot be counted towards the quorum for that matter.

5.4 Resolutions
a) A “resolution” is a formal action with findings taken by the Legislative Body, generally pre-prepared in writing, designated by sequential number, and reference to which shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Legislative Body. Resolutions are used when specifically required by law, when needed as a separate evidentiary document to demonstrate findings or to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional explanatory material it often recites) to facilitate such future reference and research.
b) A resolution may be adopted at the same meeting it is presented.

Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Article XI, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it.
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c) Where a resolution cannot reasonably be prepared in advance of a meeting, the Legislative Body may instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Legislative Body meeting. Where urgent, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in Article XI, shall be followed. All resolutions must be approved by the City Attorney or Deputy City Attorney.

5.5 Ordinances (City Council Only)
a) The City Council is the only Legislative Body empowered to legislate the Santa Paula Municipal Code by adoption of ordinances. b) Ordinances, other than urgency ordinances, require at least two readings at different meetings held at least five days apart with the first reading considered to be introduction and the second adoption. Unless a Councilmember requests a full reading, a proposed ordinance may be read in title only. c) When read by title only, further reading of an ordinance may be waived by a majority vote of the Council members present and voting. The waiver of further reading may be accomplished by one vote for all ordinances presented on the agenda of the present meeting. (Government Code § 36934.) d) The Clerk/Secretary shall prepare copies of all proposed ordinances for distribution to all members of the City Council with the agenda packet for the meeting at which the ordinance is to be introduced, or at such earlier time as is expedient.

Ordinances shall be numbered and kept by the Clerk/Secretary with the same formality as resolutions as described above in Section 5.4.
e) An urgency ordinance is an ordinance adopted for the immediate preservation of the public peace, health and safety, containing a declaration of facts constituting the urgency. An urgency ordinance takes effect immediately and requires four-fifths vote of the City Council for passage pursuant to Government Code § 36937. If one member is absent in a five-member Council, an urgency ordinance must pass by a unanimous vote. Urgency ordinances may be adopted either at a regular or special meeting. (Government Code § 36934.)
f) All ordinances must be approved by the City Attorney or Deputy City Attorney. No ordinance may be prepared for presentation to the City Council unless ordered by a majority vote of the City Council, the City Manager, or prepared by the City Attorney on his/her own initiative.

5.6 Contracts and Agreements
When any contract or agreement is to be considered by the Legislative Body, the complete contract and agreement, if complete in form for execution, shall be made a part of the agenda package presented to the Legislative Body and shall be made available for viewing by the public within the time frames required under the Brown Act and/or the 403
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California Public Records Act. (Government Code §§ 6250 through 6276.48.) All contracts and agreements must, before being placed on the Agenda, be approved as to form and legality by the City Attorney or Deputy City Attorney. Such approval must be indicated in the staff report.

5.7 Limitation of Actions by Agenda
No action or discussion shall be taken by the Legislative Body, on any item not appearing on a posted agenda, subject only to the exceptions listed in Section 5.9 below. “Action taken” as used herein shall mean a collective decision made by a majority of the Legislative Body, a collective commitment or promise by a majority of the Legislative Body to make a positive or a negative decision, or an actual vote by a majority of the Legislative Body upon a motion, proposal, resolution, order, or ordinance.

5.8 Public Comment Period
a) Pursuant to Government Code § 54954.3, every agenda posted for any meeting shall contain an item entitled “Public Comment” in order to provide for an opportunity for the public to address the Legislative Body on items of interest to the public within the Legislative Body’s subject matter jurisdiction. The public comment period should be conducted in accordance with Article VII.
b) Notices and agendas for special meetings must also give members of the public the opportunity to speak before or during consideration of an item on the agenda but need not allow members of the public an opportunity to speak on other matters within the jurisdiction of the legislative body.

5.9 Exceptions to Agenda Requirement for Action Taken
The Legislative Body may take action at a meeting on an item not appearing on the agenda for that meeting only under one of the following circumstances:
a) Upon a majority determination that an “emergency situation,” which is either (i) a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, or (ii) a dire crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a Legislative Body to provide one-hour notice before holding an emergency meeting may endanger the public health, safety, or both. All discussion of such emergencies must be in open session.
b) Upon a determination by a two-thirds (2/3) vote of the Legislative Body, or if less than two-thirds of the Legislative Body are present by a unanimous vote of those members present, that the need to take action arose subsequent to the agenda posting.

For the purposes of this Subsection, the term “need to take action” shall mean those circumstances whose occurrence creates a situation which is materially different from that which existed at the time the agenda was posted, and which requires the 404
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immediate attention of the Legislative Body. The mere failure of any person to notify the Legislative Body or staff of a pre-existing situation requiring Legislative Body attention until after the time for the posting of the agenda shall not be deemed to constitute a “need to take action” hereunder. If the Legislative Body makes a determination pursuant to this Subsection, the minutes of the meeting at which the determination is made shall reflect what circumstances gave rise to the “need to take action” and why the item could not be placed on the agenda.

5.10 Minutes and Recordings
a) An account of all proceedings of the Legislative Body in open meetings shall be kept by the Clerk/Secretary. The Clerk/Secretary shall prepare an abbreviated record of the meeting proceedings for approval by the Legislative Body which when adopted by the Legislative Body shall be the official Minutes of the meeting.

Amendment of the minutes may be made only as to factual accuracy and not as to a change of intent. The Minutes of the meeting need not be verbatim. Only the best and most complete available recording of the meeting shall constitute the official record of the Legislative Body, but the Minutes shall constitute the official record of the Legislative Body meeting where a verbatim record of the meeting is not available. Unless requested by a majority of the quorum, the minutes may be approved without reading. b) Any recording of a meeting made by or at the direction of the Legislative Body is a public record that must be retained and made available to the public for at least 2 years. (Government Code § 34090(d)). A recording may be deleted without the approval of the Legislative Body and City Attorney if reproduced in an electronic medium that does not allow alteration to the original and the reproduction is a true copy of archival quality kept in a safe and separate place for security purposes. (Government Code § 34090.5.) The Clerk/Secretary must provide to the public, without charge, equipment to review the record.

ARTICLE VI -ORDER OF BUSINESS

6.1 Order of Business
The order of business of each meeting shall be contained in the agenda prepared by the Clerk/Secretary unless the majority of the Legislative Body members consent to take items out of order. The order of business at meetings of the Legislative Body may be as follows in accordance with the procedures specified in this Article VI:
a) Call to Order
b) Invocation
c) Flag Salute
d) Roll Call
e) Closed Session Report, if applicable.
f) Public Comment
g) Presentations
h) City Council Reports
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i) City Manager Reports
j) Consent Calendar (See Section 6.3 below.)
k) Action Items
l) Items for Future Agendas
m) Adjournment

6.2 Call to Order
The meeting of the Legislative Body shall be called to order by the Presiding Officer, or the Vice-Chair in the Presiding Officer’s absence. In the absence of both the Presiding Officer and Vice Chair, the meeting shall be called to order by the Clerk/Secretary and the three Legislative Body members present shall elect by majority vote a Presiding Officer for that meeting.

6.3 Consent Items
Matters of a routine or generally uncontested nature and non-controversial, shall be placed on the agenda as Consent Items and may be approved by the Legislative Body in a single motion by adoption of the Consent Calendar. For example, items the City Manager believes will not require City Council discussion and are routine in nature as well as resolutions confirming action from a previous meeting which are brought back for approval of form rather than approval of action may be added as Consent Items. The approval of the Consent Calendar shall signify the approval of each matter or recommendation included therein. All matters on the Consent Calendar shall be subject to public comment procedures in Article VII(Public Comment and Presentations). Upon the request of any member of the Legislative Body or upon the request of a member of the public made through the Presiding Officer, a matter may be removed from the Consent Calendar for separate discussion and/or action.

Each matter proposed for consideration as part of the Consent Items, including any recommended action, shall be described on the notice and agenda posted for the meeting. During the meeting, the Clerk/Secretary may be asked to read Consent Items into the record for the purpose of informing the public on the subjects being considered.

The following matters are not appropriate for the Consent Calendar:
a) Ordinances shall not be placed on the Consent Calendar for approval unless the ordinance has first been read or the reading of the ordinance has been waived as required by law.
b) Any matter where the City Manager believes (i) it unlikely that there would be unanimous approval by the Legislative Body, or (ii) there is likely to be public comment on the matter, or (iii) a public presentation of the matter would be beneficial to the community.

6.4 City Representatives and Advisory Bodies (City Council Only) a) From time to time the Council may be required to assign a representative of the City to non-City boards, commissions or organizations (e.g., boards 406
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or commissions of another agency or joint powers authority). Except as otherwise required by law or by the policies of the non-City organization, the Mayor shall make all such appointments of City representatives on non-City organizations after consultation with the City Council. Council appointments to non-City organizations shall be considered and made with the goal of keeping the appointee in the organization for a long enough period of time that the appointee may gain seniority and/or a position of leadership within the organization. This goal shall be construed to mean that the same appointee should remain within a non-City organization for at least two years where reasonably possible and convenient for said appointee. Appointees serve at the pleasure of the Council. b) The City Council shall have the power to establish advisory committees, commissions, other Legislative Bodies, and Non-Governing Bodies. Any committee which is (i) established by ordinance, resolution or other formal action, or (ii) has a fixed regular meeting schedule, or (iii) has continuing subject matter jurisdiction over a non-temporary issue, or (iv) which continues to conduct business in excess of 180 days, or (v) has a majority membership of officials from other Legislative Bodies, shall be subject to the provisions of the Brown Act. Such committees are referred to herein as “Sub-Legislative Bodies” and are made subject to the Brown Act pursuant to this Manual.

Advisory bodies and committees may take the following form:
(i) Ad Hoc Committees
The Council may, as the need arises, authorize the appointment of “ad hoc” Council committees composed of two members. Except where otherwise specifically provided by law, the Presiding Officer shall appoint the members of the Council committees, subject to the approval of the Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. (ii) Standing Committees
The Council may, subject to the Brown Act, create other committees, boards, and commissions, whether Legislative Bodies or NonGoverning Bodies, to assist in the conduct and operation of the City government with such jurisdiction and duties as the Council may specify. Except as otherwise required by law, the Mayor shall make appointments of members to such committees, boards or
commissions subject to the approval of the Council. The procedure of filling vacancies and provision of notice thereof shall be subject to the provisions of the Maddy Act (Government Code §§ 54970- 54974).
(iii) Sub-Legislative Bodies and Non-Governing Bodies shall be responsible for reporting the Body’s activities to the City Council. The members of a Sub-Legislative Body or Non407 65283.00001\40935224.9 14
Governing Body shall operate within the jurisdiction
established by the Council and shall not have authority to make subcommittees unless specifically granted such
authority by action of the full City Council. Staff members may be assigned to assist any Council-created committee by the City Manager; staff members so assigned shall not be
members of the committee unless specifically appointed as such by action of a majority of the Council.
(iv) Absent any other provision to the contrary, members of any non-City organization, or City committees, boards or
commissions may be removed by the Council without cause by a majority vote of the whole Council body. Any member of the City Council may place the question of such removal on the agenda. Any committees, boards, or commissions so
created may be abolished by a majority vote of the whole Council body by repeal of the enacting ordinance or
resolution.
c) Santa Paula Municipal Code §12.06, as may be amended, governs the appointment of members to City bodies, committees, boards, and commissions that assist City Council in conducting City business (e.g. the Recreation, Housing and Planning Commissions).

6.5 Budgets
The City Council shall have the power to approve the City budget. Approval of the budget constitutes approval of a proposed plan of expenditures and revenues. It does not constitute an authorization for expenditures. With respect to any given expenditure, the applicable procedure shall be followed. Further, adoption of the budget does not, unless otherwise specified by resolution, constitute authorization for any specific employment class or position.

6.6 Items from Members
a) There is a specific item on the agenda referred to as “City Council Reports” for receiving general comments, announcements, and/or suggestions from members of the Legislative Body. This can be used to inform the public concerning upcoming events, report on members’ attendance at conferences and seminars, or request that staff look into specific matters or similar matters. (See Section 5.1 regarding future agenda items if item requires Council action.) These matters may not be discussed, opined upon or deliberated, and if they do not concern a matter on the agenda, shall be handled by the Presiding Officer according to the same procedures set out for Public Comment in Section 7.2. No action may be taken on such matters without being placed on a subsequent agenda.
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b) There is an agenda item referred to as “Items for Future Agendas.” Matters are listed under this item pursuant to Section 5.1(b) or (c) where a member has asked that the matter be scheduled for discussion of whether a future staff report should be prepared.
c) There is an agenda item referred to as “City Manager Reports.” This may be used by the City Manager similarly to the item for members of the Legislative Body in Subsection (a) above to make announcements without separately listing the matter on the agenda, and subject to the same restriction that there may be no discussion or action on such matter.

ARTICLE VII -PUBLIC COMMENT AND PRESENTATIONS

7.1 City Council Meeting Presentations
City Council presentations are for providing information to the Mayor and Council, City management, and the community about activities of interest and value to include activities, events and infrastructure projects relating to the City, honors and celebrations for organizations, corporations and residents which reflect their service to the Santa Paula community, honors and recognitions for City staff for outstanding service or commitment to the City’s mission and goals. Please Note: This is not the appropriate time to seek funds from the City and/or endorsements from City Council or discuss politics. Subject to the discretion of the Mayor, all presentations are to be no more than five minutes in length; this is to include all speakers for the group being recognized.

7.2 Public Comment
At the beginning of any Legislative Body meeting the public shall be afforded the right to comment on any and all issues (not on the agenda) within the subject matter jurisdiction of the Legislative Body. Such general public comment on non-agendized issues shall be taken at the beginning of the meeting under a “Public Comment” heading.

With regard to matters not on the agenda, the Legislative Body may ask questions of persons who raise new matters during the Public Comment period or otherwise, and the Presiding Officer should handle such matters as provided in Section 7.3, below. However, all Legislative Body questions must be limited to facts-only informational inquiries, and the Legislative Body may not discuss the merits, express any opinions or ask questions that convey opinions or thought processes with respect to any non-agendized issue. The public shall also be afforded the right to comment on every item appearing on the agenda prior to the Legislative Body’s consideration of that item, as provided in Section 7.4 below.

7.3 Time Limitations
The time limit to speak for public comments is three minutes during a noticed public meeting, provided that these limits do not apply to a project applicant speaking at a public hearing pursuant to Article VIII. Notwithstanding these time limits, the Presiding Officer has the full prerogative to maintain meeting order and decorum as provided in Section

9.1 and Article X generally. For example, the Mayor may shorten the time limit to accommodate a lengthy agenda. Likewise, the Mayor may extend time if he or she finds 409
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such extension is reasonably necessary to allow the speaker to complete his/her message without repetition or unnecessary tangents.

The Legislative Body may also adopt reasonable regulations, including time limits, on public comments. Such regulations should be enforced fairly and without regard to speakers’ viewpoints. The Legislative Body has discretion to modify its regulations regarding time limits on public comment if necessary.

7.4 Additional Procedures for Public Comment on Agenda Items a) Members of the public shall have the opportunity to address the Legislative Body on each and every item listed on the agenda. Public comment on agenda items must be heard prior to the Legislative Body’s consideration/discussion of the item.

Public comments on an agenda item may be heard either in combination with the Public Comment period at the start of the meeting, or at the time the Legislative Body opens the item, or both, as determined by the Legislative Body and set forth in the agenda. No speaker may comment on the same item during both the Public Comment period and at the time the item is heard later in the agenda.
b) Each member of the public addressing the Council must submit such written information as the Clerk/Secretary may request for the record, step to the podium, and give their name and address for the record. However, members of the public cannot be required to provide their name or other information as a condition of providing public comment.
c) When any identifiable group of persons, as distinguished from the general public, seeks to address the Council on the same agenda item, the Mayor has the discretion to ask that the group select a spokesperson to address the Council. If additional issues are to be presented at the hearing by any other member of such group, the Mayor may limit the number of persons to address the Council to avoid unnecessary repetition of information presented to the Council.
d) The purpose of the public comment period is to receive input from the public, not to create a debate between the Members and the public. Members should generally refrain from debating members of the public during the period for public comment, but if Members desire to clarify comments by members of the public, they may ask factual questions, and if necessary, should do so during the public comment period. e) The Presiding Officer should clearly open and close the public comment period. After the close of the public comment period, no member of the public shall address the Legislative Body without first securing permission of the Presiding Officer.
f) A member of the public addressing the Council may not speak on behalf of another member of the public (i.e. “comment by proxy”) unless the person whom a speaker is representing attends the meeting and submits his or her own comment card (or equivalent in the case of virtual meetings). Such represented person is not required to stay for the entire meeting.
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7.5 Procedural Order for Individual Agenda Items
The procedural order for items of business appearing on the agenda at meetings of the Legislative Body may be as follows:
a) Introduction of item
b) Invite staff presentation.
c) Council invited to ask staff any questions or clarifications d) Public comment
e) Mayor to ask staff if they have any closing comments and/or responses to public comments.
f) Council deliberation and discussion
g) Introduction of motion, second, further discussion if needed, vote.

After a motion has been made, no member of the public shall address the Legislative Body without first securing permission of the Presiding Officer.

ARTICLE VIII -NOTICED PUBLIC HEARINGS

8.1 Public Hearings; Notice; Fairness
a) Matters noticed to be heard by the Legislative Body shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.
b) Legislative Body members shall not overtly or implicitly promise a particular action by City staff or by any Legislative Body. Where a Legislative Body member is contacted about an issue that will be presented to any Legislative Body of the City, it is appropriate to give a brief overview of the aforesaid City policy, to refer to City staff for further information, or to suggest that the concern be brought to the whole Council at the hearing or Council meeting, as appropriate.
c) All public hearing notices shall be issued and published in compliance with any statutory notice requirements applicable to the particular hearing at issue and such notice shall inform interested persons of the statute of limitations to challenge the validity of any action taken by the Legislative Body on such matter. d) In all matters before a Legislative Body, whether a public hearing or otherwise, the Body must judge the matter fairly and without personal bias. Although every Legislative Body member has a right to their own personal opinions, Legislative Body members should by their demeanor show an ability to listen to a variety of 411
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viewpoints and demonstrate a reasonable willingness to consider all sides of an issue before them. For quasi-adjudicative and adjudicative proceedings involving public hearings, the members of the Legislative Body shall not prejudice the matter prior to the public hearing, shall be fair and impartial, and shall decide the matter based upon the evidence and the statutorily required findings.
e) For such matters, Legislative Body members should avoid expressing an opinion or divulging their thought process until after the public hearing has been completed.
f) When there is a potential for conflict of interest or a due process concern that may impact a public hearing, Legislative Body members may contact the City Attorney. See Section 9.7 for provisions pertaining to City Attorney advice.

8.2 Continuance of Hearings
a) Any hearing being held or noticed or ordered to be held by the Legislative Body may, by order or, notice of continuance, be continued or re-continued to any subsequent meeting in the manner provided for adjourned meetings. b) When it is the decision of the Legislative Body to continue an item which appears on the agenda, prior to hearing any report, testimony or taking evidence on the item, the Legislative Body may make such intent known at the beginning of the meeting. At that time the public shall be offered the opportunity to speak regarding the intent to continue the item. At the time regularly scheduled for the hearing of the item, the Legislative Body shall then take action to continue the item after again informing the public of the intent to continue the matter. No testimony or evidence shall be taken at that time unless the speaker will not be available at the continued hearing date. c) When the Legislative Body has continued the public hearing on an item after its commencement, persons testifying at the first public hearing shall be permitted to again address the Legislative Body on the item at the continued hearing subject to the finding of the Presiding Officer that the testimony is redundant. If found to be redundant, the time allotted for testimony by the individual may be summarily reduced. d) Continuances of a public hearing to a date certain need not be renoticed unless (i) the hearing has not been continued to a date certain, or (ii) has been continued three or more times and the Presiding Officer believes confusion may be created as to the time of the hearing.

8.3 Conduct of Hearings
a) When a matter for public hearing comes before the Legislative Body, the Presiding Officer shall request that staff present the staff report and any other relevant evidence, but the presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing. Written materials included and not included in the agenda packet are received and filed. The Presiding Officer shall permit members of 412
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the Legislative Body to ask questions of staff, but should prevent expressions of opinion by members of the Legislative Body before the conduct of the hearing. b) The Presiding Officer shall thereafter open the public hearing and inquire if there are any persons present who desire to address the Legislative Body on the matter. Any person desiring to speak or present evidence upon being recognized, may speak or present evidence relevant to the matter being heard. Any testimony shall be truthful. The applicant/representative usually speaks first and is limited to twenty (20) minutes, any portion of which can be used for rebuttal. The City Council may amend this time limit by consensus or majority vote depending on the complexity of the issues.

Rebuttal occurs following the remainder of the public testimony. c) Members of the Legislative Body who wish to ask questions of the speakers, during the public hearing portion, may do so but should be mindful that the purpose of the public hearing is to obtain testimony and evidence from the speakers, and not to debate the merits of the matter with speakers. Members should avoid debate and expressions of personal opinion until after the close of the public hearing. Unlike public comment periods, generally there should be no response to speaker comments until after the close of the hearing. The Presiding Officer shall conduct the hearing in such a manner as to afford due process to all affected persons. All persons interested in the matter being heard by the Legislative Body shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the Clerk/Secretary as part of the record. Each speaker may only speak once during the public hearing unless the Legislative Body requests additional clarification later in the process.
d) Upon closing of the public hearing by the Presiding Officer, no additional public testimony shall be solicited or received by the Legislative Body without reopening the public hearing. If, however, the Legislative Body receives relevant new evidence after the close of the public hearing and such new evidence may impact the Legislative Body motion or vote, the Legislative Body may re-open the public hearing to obtain public comments upon such new evidence.
e) The Presiding Officer has the prerogative to establish special rules, such as to require group spokesmen, to limit the number of speakers to limit the total time for testimony to allow speakers to give time to others, or otherwise control the hearing, provided that (i) speakers are treated fairly, and that (ii) any such special rules are announced in advance of their application. The Presiding Officer always retains the prerogative to cut off speakers who are unduly repetitious, and to permit the extension of time to speakers.
f) Members of the public are allowed to show videos, PowerPoint presentations or similar presentations provided such video or presentation is relevant to the subject matter of the Legislative Body, is within the established time limit, and is provided to City staff 24 hours in advance of the meeting. 413
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8.4 Extra-Meeting Contacts on Matters Set for Public Hearing a) Legislative Body members should minimize their contacts with developers, applicants, or other persons who will be the subject of a quasi-adjudicative or adjudicative public hearing matter to be heard before the Legislative Body. Legislative Body members should avoid extra-meeting contacts with persons who will be the subject of a public hearing before the Legislative Body or with advocacy groups or special interests.
b) If a Legislative Body member is contacted directly by such person outside the meeting setting, the member shall refrain from expressing any viewpoints or thought processes to the person until after the public hearing. The Legislative Body member may explain that they are unable to express any viewpoint on the matter until all evidence has been heard in the course of a public hearing and should encourage any such person to present their position in writing or orally at the public hearing. c) At the commencement of the public hearing, the Legislative Body member must disclose publicly any extra-meeting contacts or discussions had which may be relevant to the decision.
d) The limitations set forth in this Section shall not be read as preventing a Legislative Body member from inspecting a site that will be relevant to a public hearing, although such sight inspection should be disclosed on the record at the beginning of the public hearing.

8.5 Contributions and Recusal (Levine Act)
The Levine Act (Gov. Code § 84308) imposes certain disclosure and disqualification requirements on officers with regard to campaign contributions. The Levine Act applies only to a proceeding involving a license, permit, or other entitlement for use.1Previously, the Levine Act applied only to officers on appointed boards. With the passage of Senate Bill 14392 in 2022, the Levine Act now applies to officers serving on elected boards (such as the City Council) as well.3
a) Beginning January 1, 2023, elected and appointed members of Legislative Bodies may not participate in a proceeding involving a party’s application for 1This is defined as “all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises.” (Gov. Code § 84308(a)(5).) 2The Fair Political Practices Commission (FPPC), in response to several questions from the League of California Cities and other stakeholders, has adopted implementing regulations to clarify the ambiguous text of Senate Bill 1439 (SB 1439). (See Amended and New Regulations 18438, 18438.1, 18438.2, 18438.3, 18438.4, 18438.5, 18438.6, 18438.7, 18438.8) Further, a lawsuit challenging the constitutionality of SB 1439 (Family Business Association of California, et al. v. Fair Political Practices Commission, Case No. 34-2023-00335169-CU-MC-GDS), was brought and subsequently dismissed on June 16, 2023. It is not clear at this time whether the court’s decision will be appealed. 3SB 1439 does not apply to contributions to members of elected bodies (the City Council) made during 2022.
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a license, permit, or other entitlement for use while the proceeding is pending and for 12 months after the final decision is made, if the officer has received a campaign contribution from that party, or the party’s agent exceeding $250 in the aggregate. b) This disqualification is also triggered by the receipt of a donation exceeding $250 from a “participant” in the decision, or a participant’s agent, if the member knows or has reason to know that the participant has a financial interest in the decision.

A “participant” in general means someone who is not the party but who actively supports or opposes the party’s application for a license, permit, or other entitlement and who has a financial interest in the decision. A member aware of any of the following facts “has reason to know” of a participant’s potential financial interest:
(i) The participant has an interest in property within 500 feet of the real property at issue in the proceeding;
(ii) The participant has an economic interest in a business entity that may see a significant increase or decrease in customers as a result of the proceeding; or
(iii) The participant has a business relationship with the applicant that may result in additional services provided to the applicant as a result of the proceeding.
c) The member also may not accept, solicit, or direct a contribution from a party, participant, or their agents (if the member knows or has reason to know of the participant’s financial interest), exceeding $250 while the proceeding is pending and during the 12 months after the date of the final decision. If such a contribution is received during the 12 months after the final decision, the officer may “cure” the violation by returning the contribution, provided certain conditions are satisfied. d) “Agent”: An “agent” for purposes of this section shall mean a person who represents a party or participant for compensation and appears before or otherwise communicates with the Legislative Body for purposes of influencing the pending proceeding.
e) “Pending”: For officers, a proceeding is “pending” when (1) the item is placed on the Legislative Body’s agenda, or (2) it is reasonably foreseeable that the decision will come before the member and the member knows or has reason to know the decision is within the jurisdiction of the Legislative Body. For a party or participant, the proceeding is “pending” when it is before the City for action (i.e., when the application is filed). This means that once the application is filed, the party or participant may not make a contribution over $250. An officer who accepts the contribution, however, will not be at risk of violating the Levine Act if the officer does not know or have any reason to know about the proceeding.
f) Officers must take the following steps after learning that a disqualifying contribution was made:
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(i) For contributions over $250 made before a final decision, a party, participant, and member who is disqualified pursuant to this section must disclose the contribution on the record of the proceeding. The member must then recuse him or herself
from the proceeding unless the member takes the steps
described in subparagraph 2 below.
(ii) The member may still participate in the proceeding if (i) he or she knew or should have known about the contribution and proceeding for fewer than 30 days; (ii) he or she discloses the disqualifying contribution on the record, and confirms the contribution in excess of $250 will be returned within 30 days from the time the member knew or should have known about the contribution and proceeding; and (iii) the contribution is returned within that timeframe.

ARTICLE IX -OFFICERS

9.1 Presiding Officer
a) The meeting shall be presided over and chaired by the Presiding Officer, or, in the Presiding Officer’s absence, the Vice Chair. The Presiding Officer shall have the authority to rule any speaker out of order, including speakers during the public comment period if the subject raised is not within the subject matter jurisdiction of the Legislative Body, or during a public hearing if the speaker is not presenting testimony or evidence relevant to the matter which is the subject of the public hearing. The Presiding Officer shall have the responsibility for the conduct of meetings in an orderly manner and to prevent the obstruction of business, and in carrying out this responsibility shall have the authority to give the floor to any member of the Legislative Body or public by recognizing them, to prevent the misuse of legitimate forms of motions or privileges, to take matters up out of order, to caution speakers as to disruptive behavior, and to order any persons willfully interrupting the meeting to be removed from the room, including as provided in Article X.
b) The Vice Chair shall generally take the place of the Presiding Officer in the absence of the Presiding Officer. In the absence of the Vice Chair, the Presiding Officer may call any other member to take his or her place as Presiding Officer; such substitution is not to continue beyond adjournment.
c) Any determination made by the Presiding Officer may be appealed by the making of a Motion to Appeal the Ruling by any other member of the Legislative Body. The Presiding Officer’s determination will stand unless a majority of the Legislative Body members vote in favor of the Motion to Appeal the Ruling, in which case the ruling of the Presiding Officer will be overridden.
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9.1.1 Mayor and Vice-Mayor
a) Although a ceremonial position, the Mayor occupies the highest office in the municipal government and is expected to provide the leadership necessary to keep the city moving in the proper direction. Effective mayors act not only as leaders staking out policy positions, but also facilitators of effective teamwork. The Mayor shepherds the City through public meetings and in doing so must ensure the Council’s important policy issues and long-term future concerns are fairly debated by the entire Council for the benefit of the public.
b) Each Member elected to the Council is equally qualified and deserving to hold the offices of Mayor and Vice Mayor and each Councilmember should be given ample opportunity to serve in one or both of these offices.

9.2 Representation of Legislative Body
a) The Mayor is elected by a majority vote of the Council for a one-year term at the first regular meeting of the City Council in December of each year. (Santa Paula Municipal Code § 30.02.) The Mayor must be a member of the City Council and retains all powers of a Councilmember.
b) The Vice Mayor is elected by a majority vote of the Council for a oneyear term at the first regular meeting of the City Council in December of each year. (Santa Paula Municipal Code § 30.02.) The Vice Major must be a member of the City Council and retains all powers of a Councilmember.
c) Procedure for Mayoral election:
(i) The Clerk/Secretary will state the procedures for electing the Mayor and Vice Mayor.
(ii) The election of the Mayor will be conducted by the Clerk/Secretary or a designee.
(iii) The Clerk/Secretary will declare that the office of Mayor is vacant and that nominations are open.
(iv) Any member of the City Council may nominate any member of the City Council as Mayor, including him or herself. A second to a nomination is not required.
(v) Any member of the City Council may move to close the nominations at any time after all Councilmembers have had the opportunity to make a nomination. The motion requires a second and must receive a vote of a majority of the City Council to pass.
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(vi) After nominations have been closed, the Council can debate the nominations. After deliberations conclude, the
Clerk/Secretary will call for the vote on the election of the Mayor.
(vii) The nominees will be voted on in the order the nominations were made.
(viii) The first Councilmember receiving the vote of a majority of the City Council is the Mayor and the election will be closed. (ix) If no member of the City Council receives a majority vote, the Clerk/Secretary will re-open the nominations and conduct a new election until a Mayor is elected.
(x) The Councilmember appointed as Mayor must have been a member of the Council for approximately two years. In the absence of a Councilmember with sufficient tenure on the Council, priority should be given first to any Member who has not previously served as Mayor or Vice Mayor, and thereafter to the Member with the longest continuous service since last serving as Mayor or Vice Mayor.
d) Procedure for Vice-Mayoral Election.

The election of the Vice Mayor will be conducted in the same manner as the election of the Mayor, except that it is generally expected, although not mandatory, that the Vice Mayor should succeed to the office of Mayor.
e) The Mayor is the designated representative of the City and the City Council for purposes of presenting and expressing the official City position on an issue.

If individual members of the Council or other Legislative Bodies are contacted by the media for a statement of official City position, the member should refer such inquiries to the Mayor. Otherwise, public or media statements by a Legislative Body member should be clearly characterized as comments upon a personal viewpoint.

9.3 Use of Letterhead.

Members of the City Council may use official City letterhead to correspond with other public officials and with consultants on matters of City business but any such correspondence shall state that the views expressed therein are personal and not the position of the City unless the City Council has officially adopted such position. No other Legislative Body or Sub-Legislative Body may take a position officially representing the City unless authorized to do so by the City Council.
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9.4 Email Policy
a) Members of the Legislative Body are provided with City email accounts which may be utilized for the conduct of City business, including communications with constituents. Members should be aware that all such communications may be subject to the Public Records Act (Government Code § 7920.0000 et seq). Use of private email accounts for City business may also make them subject to disclosure.
b) Members of the Legislative Body are subject to the Brown Act in the use of email. Email communications may not be used to develop a collective consensus or decision on any matter. Email communications to the entire Body should be avoided but may be permitted to provide factual information, for example such as arranging an event, where no discussion or exchange of opinions on a matter within the jurisdiction of the Legislative Body is initiated or occurs. When sending an email to provide such factual information, a member of the Legislative Body should advise all other members, “Please do not reply all to this email.” Where a concern exists regarding whether an email complies with the Brown Act, the email can be forwarded to the City Manager or City Attorney for review.
c) In the event the entire Legislative Body is contacted about an issue on a weekday, for example, by letter or email, either the Presiding Officer or designee shall within 24 hours acknowledge receipt of the communication by replying: “We have received your [email/letter] dated _____. The City Council values your opinions. To avoid any risk of violating of the Brown Act, your [email/letter] has been forwarded to the [City Manager/City Attorney/appropriate staff]. If you have not heard from a City representative within _______ days, please contact the Mayor and/or City Manager.”

9.5 Social Media Policy
a) The City Council, as the legislative body of the City of Santa Paula, hereby adopts the following policy regarding the private use of social media by its individual members. This policy is adopted, in part, in light of California Assembly Bill No. 992, effective January 1, 2021, which authorizes members of a legislative body to use social media to communicate with the public, subject to statutory exceptions. b) The Council acknowledges that social media has become an integral channel of communication between individual members and the public. The Council appreciates that proper use of social media can serve many important functions, including: (1) building awareness and interest around the City (i.e., mission, services, projects, meetings, activities and events, etc.); (2) supplementing the rapid disbursement of emergency information; and (3) fostering civic pride and engagement within the community. The Council recognizes, however, that its members’ use of social media must 419
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be balanced against legal obligations with respect to transparency in the conduct of the people’s business.4 For these reasons, the following protocols will be followed. c) Definitions
(i) City: the City of Santa Paula, California.
(ii) Councilmember and other public officials: any member of the City Council and any member of a City Council-appointed committee or other governing body of the City of Santa Paula (iii) City business: information relating to the conduct of the public’s business or communications concerning matters
within the subject matter of the City’s jurisdiction, including, but not limited to, pending or potential City projects, past or prospective City agenda items, or City budgets or
expenditures involving City funds.
(iv) Open and accessible to the public: members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internetbased social media platform determines that an individual violated its protocols or rules.
(v) Social media platforms: an online service that is open and accessible to the public. Examples include Snapchat,
Instagram, Facebook, Twitter, blogs, TikTok and Reddit. d) Public Records Act: Councilmembers and other public officials should be aware that their posts, comments, and responses about City business on social media platforms, whether on public or private pages, may be subject to disclosure under the Public Records Act.
e) First Amendment: Councilmembers and other public officials should also be aware that their private social media accounts may be transformed into public forums where members of the public may have First Amendment rights. In determining whether a private social media page has become a public forum, courts have examined factors including:
4E.g., the Brown Act requires that legislative bodies of public agencies deliberate and take action openly. (Gov. Code §§ 54950 et seq.). Additionally, communications regarding City business on private accounts may be subject to disclosure under the Public Records Act. (Gov. Code §§ 7920.0000 et seq.) 420
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(i) How the public official is identified on the site (i.e., is she identified as “Mayor” or simply “Jane Doe”?);
(ii) How the page is titled (i.e., is the account registered as a governmental account or a private account?);
(iii) How the public official “invites” users to use the page (i.e., in cases in which the account was deemed a public one, the public official solicited the public’s opinion on City matters); (iv) Whether the public official is “transacting” City matters on the site (i.e., posting about matters before the City);
(v) Whether City employees help maintain and operate the site; and
(vi) Whether the public official uses the site to engage directly with the public (i.e., replying to constituent comments regarding City business).
f) Whether an account is private or public is fact-specific and depends on the totality of the circumstances. In some instances, courts have sided with plaintiffs in finding that public officials’ use of their social media accounts have turned those sites into public forums.2 For these reasons, Councilmembers shall comply with the following best practices:
(i) No use of City staff: Councilmembers and other public officials will not use City staff to help maintain their personal accounts on social media platforms.
(ii) Separate accounts; private page disclosure: Councilmembers and other public officials will keep all personal social media accounts separate from those of the City and other
Councilmembers. To that end, Councilmembers and other
public officials should include language that is substantially similar to the following on all personal pages: “This is my personal social media and is not intended as a forum to discuss City business.”
(iii) Content moderation if potential public forum: If there are reasons to believe that a Councilmember or other public official’s private social media page has turned into a public forum, the Councilmember or public official should not block members of the public from the page or delete comments with which they disagree.
g) Brown Act: Councilmembers and other public officials may engage in separate conversations or communicate on social media platforms to answer 421
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questions, provide information to the public, or solicit information from the public regarding City business. In accordance with AB 992, Councilmembers and other public officials will not do either of the following on a social media platform:
(i) Discussion by a majority: Discuss City business with a majority of Councilmembers or, as applicable, with a majority of the relevant City Council-appointed committee or
commission. That includes communicating, posting, sharing, commenting, or using digital icons (i.e., a thumbs up or an emoji); or
(ii) Direct responses: Respond directly to another
Councilmember or other public official’s communication, comment or post if the topic concerns City business.
h) Consequences: Failure of a Councilmember to abide by this policy, following its adoption, may result in censure by the Council.

9.6 Clerk/Secretary
The Clerk/Secretary or his/her deputy shall attend all meetings of the Legislative Body unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Legislative Body.

9.7 City Manager
a) The City Manager, or designee, shall attend all meetings of the Legislative Body unless excused. The City Manager may make recommendations to the Legislative Body and shall have the right to take part in all discussions of the Legislative Body, but shall have no vote. The City Manager, shall provide the Legislative Body with a staff report providing sufficient information to be the basis for any action by the Legislative Body at its meeting. Any officer or employee of the City, when directed by the City Manager, shall attend any meeting of the Legislative Body and may present information relating to matters before the Legislative Body. b) Consistent with Title 3, Section 31.08, Powers and Duties of the City Manager, of the Santa Paula Municipal Code, it shall be the duty of the City Manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits, and privileges granted by the Council are faithfully observed. Further, it shall be the duty of the City Manager to recommend to the Council for adoption such measures and ordinances he/she deems necessary and to prepare, submit and administer, after adoption by the City Council, the annual budget and salary plan. It shall be the duty of the City Manager to keep the Council at all times fully informed as to the financial condition and needs of the city.
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9.8 City Attorney
a) The City Attorney, or deputy, shall attend all meetings of the City Council unless excused and shall upon request of any member give an opinion, either written or oral, on questions of law. The City Attorney, or deputy, shall attend all meetings of such other Legislative Bodies as directed by the City Council or City Manager. The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Presiding Officer, subject to the appeal of the full Legislative Body pursuant to Section 3 of Article XI, below. All ordinances and resolutions, all contracts, deeds, and easements or other legal instruments shall be approved as to form and legality by the City Attorney. Contracts may be approved as to form and/or legality by the City Attorney when exceeding purchasing ordinance and policy guidelines. In any case of ambiguity or uncertainty in the interpretation or application of this Manual to any procedure, the Presiding Officer may direct such question to the City Attorney for a ruling.
b) Any member of the Legislative Body may request from the City Attorney a legal opinion regarding any matter related to the interests of the City. Where a legal opinion involves substantial cost, the request for the opinion must first be approved by the City Manager or by a majority of the Legislative Body. The City Attorney is the legal representative of the City acting through its Legislative Body. There is a continuing legal question as to whether the City Attorney may have an attorney-client relationship with any individual member of the Legislative Body or the City staff. As a consequence any discussion with the City Attorney which leads to the conclusion that the interests of the City are at risk must be revealed to all relevant members of the Legislative Body and the City staff by the City Attorney. The City Attorney shall not have an attorney-client relationship with individual councilmembers. The City Attorney is required to maintain the confidentiality of such communications from persons outside the City to the extent required or permitted by law, including the Rules of Professional Responsibility promulgated by the State Bar.
c) The City Attorney has no statutory duty or authority under the Political Reform Act to provide Political Reform Act advice to any Legislative Body member but should provide advice to members when requested. However, a Legislative Body member may not rely on advice from the City Attorney to provide him or her with immunity from FPPC enforcement or prosecution. Such immunity may be obtained only through a written advice letter obtained from the FPPC, on the question at issue, by the Legislative Body member. A Legislative Body member enjoys no privilege of attorney/client confidentiality in reviewing these matters with the City Attorney. Any advice given to an individual member of a Legislative Body cannot be withheld from the rest of the City or Legislative Body. If, after receipt of an opinion of the City Attorney the Legislative Body member wishes to participate in the decision making process with immunity from prosecution or enforcement, the City Attorney shall assist the Legislative Body member in making direct contact with the FPPC for informal or formal advice upon which the Legislative Body member can rely.
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d) [City Council Only]. It often happens that other jurisdictions or the League of California Cities or other regional or statewide association will ask the City to participate in the filing of a letter or brief before a court in a matter deemed to be of concern to all or a great many cities. These “friend of the court” or “amicus” briefs have the effect of informing the court how widespread its opinion will be and how that opinion will affect cities. Such participation is normally without direct cost to the City. In considering whether to direct City Attorney to file or join an amicus brief, the City Council shall consider whether such brief would represent or propose a position that conflicts with, or causes strife amongst, other City-related interests such as, without limitation, the interests of employee organizations, law enforcement, or public safety.
(i) Upon receipt of the request, the City Attorney shall make the request available through the City Manager to the Council.

Upon a determination by any Council member that there is an interest in participating in the action in the manner proposed, the Council member shall inform the City Manager or City Attorney who shall place the matter as an item for discussion in closed session on the agenda of the next Legislative Body meeting. The City Attorney may otherwise place an amicus request on the agenda on his or her initiative.
(ii) In lieu of the foregoing process, where there is urgency to the matter, the City Attorney is authorized to undertake the filing of the letter or brief where (i) in the opinion of City Attorney the legal matter significantly affects the interests of the City, (ii) the City Attorney has consulted with and received the
approval of the City Manager, (iii) the cost to the City will not exceed $5000, and (iv) the City Attorney makes a written report of the action to the Legislative Body.
(iii) Approval given to City Attorney to defend, or seek or refrain from seeking, appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a closed session consultation shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement
negotiations to its advantage.
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9.9 Conflicts of Interest
All Legislative Body members are subject to the provisions of California Law, such as Chapter 1, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Legislative Body. Any Legislative Body member prevented from voting because of a conflict of interest shall refrain from in any way participating in the matter giving rise to the conflict. Where recusal from a matter is made on the basis of a conflict of interest arising from a financial interest in the decision, the Legislative Body member shall announce their recusal from the matter when it is first opened, and then shall set forth the reason for the recusal with the degree of specificity at least equal to the disclosure of the Legislative Body member’s financial interests on the Legislative Body member’s annual statement of financial interests; immediately after such announcements, the Legislative Body member shall leave the room. The Legislative Body member shall not overhear the staff report, participate in the discussion or deliberations and shall not otherwise make or participate in making the decision or in any way attempt to use his or her official position to influence the decision, including inquiries and discussion with City staff. This shall not prevent the conflicted Legislative Body member from coming before the Legislative Body solely during the public comment period as an affected citizen to state his/her opinion on how the matter impacts their disqualifying interests.

9.10 No Financial Interest in Contracts
A member of a Legislative Body shall not have a financial interest in a contract within the meaning of Government Code §1090 et seq. made in their official capacity and such contract shall be null and void whether the member participates in the making of the contract or not.

9.11 Ethical Standards
A member of a Legislative Body shall maintain the highest ethical standards and shall adhere to all laws and the ordinances and regulations of the City in carrying out their duties.

ARTICLE X -DECORUM AND ORDER

10.1 Decorum and Order
a) The rules governing decorum and order in the governance of the City is attached hereto as Exhibit A (the “Code of Conduct”). The Code of Conduct describes the manner in which City Officials should treat one another, City staff, constituents, and others they come into contact with in representing the City of Santa Paula. The Code of Conduct is intended to advance the City’s goals by providing efficient and high quality services to City residents and a safe and productive work environment for the City’s employees.
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10.2 Persons Authorized To Be Within Platform/Dais
No person except Legislative Body officials or authorized Legislative Body staff shall be permitted behind the Legislative Body dais without permission or consent of the Presiding Officer or the City Manager.

10.3 Personal Privilege
If a Legislative Body member is personally offended by the remarks of another member, the offended Legislative Body member should make notes of the actual words used and call for a “point of personal privilege” that challenges the other member to justify or apologize for the language used. The Presiding Officer will maintain control of this discussion. The right of a member to address the Legislative Body on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned or impugned.

10.4 Disruptive Members of the Public
Members of the public have the right to criticize the Legislative Body and public officials, which may involve the use of profanity and other forms of expression. The public does not have the right to impede the orderly conduct of a public meeting. When a member of the public is disruptive, the Presiding Officer must warn the individual that their behavior is disrupting the meeting and their failure to stop their behavior may result in their removal. If the individual does not promptly cease the disruptive behavior, the Presiding Officer or their designee may order removal of the individual. “Disruptive behavior” means behavior that “actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting,” including but not limited to: (1) behavior that violates one of the Legislative Body’s regulations addressing the conduct of open meetings or any other law, or (2) behavior a reasonable observer would perceive as an actual threat to use force by that member of the public. (Government Code § 54957.95.) Removal of the disruptive person should only be used as a last resort.

ARTICLE XI -PARLIAMENTARY PROCEDURES

11.1 Procedures In Absence Of Rules
a) City Council proceedings should be governed by common sense and good taste. Pursuant to applicable laws, including, without limitation, the Santa Paula Municipal Code, any issue of procedure relating to the conduct of a meeting or hearing not otherwise provided for in this Article XI may be determined by the Mayor, subject to a vote of the entire Council. In addition, the City Council may, upon majority vote, alter or modify any provision of this Article (hereinafter, “Rules”) when appropriate or desirable. b) These Rules are adopted to expedite the City Council’ s business transactions in an orderly fashion and are procedural only. Failure to strictly observe these Rules will not affect the Council’s jurisdiction or invalidate any Council action conforming with applicable law.
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c) Any provision of these Rules not governed by the Government Code or other applicable law may be temporarily suspended by a two-thirds vote of all members of the Legislative Body. Such suspension may be removed at any time by the same vote of members. The vote on any such suspension shall be taken by yeas or nays and entered upon the record.

11.2 Precedence of Motions
a) A motion may be debated by the Legislative Body after it is made.

During debate, any member of the Legislative Body may “call for a second.” If a second is not forthcoming, the motion dies for lack of a second. If the motion is seconded, the debate may continue.
b) When a motion is before the Legislative Body, no other motion may be considered except:
(i) Motion to Amend — (debatable only as it relates to the amendment)
An amendment which modifies the motion is in order. However, a substitute motion is in order if the intent is changed. Amendments are voted on first, and the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There may only be one amending motion on the floor at any one time.
(ii) Motion to Postpone — (a motion to postpone indefinitely is debatable)
If such a motion is adopted, the principal question is lost. Motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set.
(iii) Motion to Table — (Undebatable and not subject to amendment)
The purpose of a motion to table is to temporarily bypass the item. If a motion to table is adopted, the item may be taken from the table at any time before the adjournment of the next regular meeting. If the item is not taken from the table in the time specified, the business of the item is lost.
(iv) Motion for Previous Question (Undebatable)
A motion for previous question closes debate on the main motion and is non-debatable. If motion fails, debate is reopened; if motion passes, then vote must be taken on the main motion.
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11.3 Voting
a) After a full opportunity for debate if it appears that there is a consensus of opinion among the members of the Legislative Body on the matter to be voted upon, the Presiding Officer may state the consensus of the Legislative Body and ask if there is any objection. If there is no objection, the consensus as so stated shall become the order of the Legislative Body. The Presiding Officer may also determine that a consensus exists following a call for a vote by any member of the Legislative Body by a Motion to Call the Question.
b) The order voting shall be random with the Mayor voting last. The Clerk/Secretary shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond ‘aye’, ‘no’ or ‘abstain.’ After every vote the Legislative Body shall declare the result and, on all but consensus votes, shall note for the record the number of votes for or against the question. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Legislative Body.
c) During a collective vote (Ayes and Nays), silence of any Councilmember denotes an affirmative vote.
d) Any Councilmember has the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

11.4 Votes Needed
a) Usually, in the absence of a contrary statutory provision (such as urgency measures), a majority of a quorum which constitutes a simple majority of the Legislative Body may act for that body. However, resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of a Legislative Body.
b) State law may dictate certain instances in which the number of votes required is greater than a majority of all Legislative Body members. As a matter of convenience, questions on which the voting requirement is varied by the State statutes and these rules, include, without limitation, the following:
(i) Levying Taxes - Ordinances providing for the Assessment and collection of taxes require the approval of two-thirds of the members of the whole Council.
(ii) Assessment - Assessments require a two-thirds vote of the whole Council.
(iii) Bonds and Certificates of Participation - Authorizing the issuance of these financial instruments requires a two-thirds vote of the total Council.
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(iv) Eminent Domain - The exercise of Eminent Domain requires a two-thirds vote of the total Council.
c) Any official with a conflict of interest is not counted for purposes of establishing a quorum, and must not vote on, make, participate in any way in, or attempt to influence the decision. A Legislative Body member abstaining on any other grounds than a conflict under the Political Reform Act shall be counted as present for purposes of a quorum and such abstentions are counted with the majority. The Legislative Body member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority.
d) If a motion is lost on an ordinance or any motion when the legally required number of votes for passage is three (3), when two (2) members of the Legislative Body are absent, the matter will be automatically continued to the next regular meeting. In the case of an Urgency Ordinance, which requires a four-fifths vote to pass, a unanimous vote on a motion is required for passage when one (1) Councilmember is absent.

11.5 Reconsider
Any Legislative Body member who voted with the majority may move to reconsider any action at the same meeting or, within sixty (60) calendar days, request in writing to the Clerk/Secretary that it be agendized for consideration at the following meeting, provided that reconsideration shall not be permitted where a party other than the City has acted in reliance on the Legislative Body’s action and would be substantially prejudiced by such reconsideration. The Clerk shall apprise the City Attorney of any facts constituting substantial prejudice and may rely upon the determination of the City Attorney. The motion for reconsideration is debatable and has precedence over a pending motion. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Legislative Body member who voted against the earlier motion may move for reconsideration at the following meeting. The member seeking reconsideration must have the matter agendized unless the motion will be made at the same meeting where the original action was taken. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. If the action to be reconsidered is a Public Hearing item, it must be re-noticed in the event the motion to reconsider passes. Where it is clearly established that all interested members of the public are still present, however, the item may be reconsidered without further notice. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Legislative Body.

11.6 Tie Votes
Tie Votes shall be lost motions unless an additional Motion is made which obtains a majority vote to break the tie. When all Legislative Body members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of 429
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such appeal. In such case, the findings in support of the decision shall be those of the lower body. If a tie vote results at a time when less than all members of the Legislative Body are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Legislative Body, unless otherwise ordered by the Legislative Body. A member of the Legislative Body may change his/her vote only if the change is made immediately following the announcement of the vote by the Presiding Officer and before the next agenda item is announced.

11.7 Abstentions
Members of the Legislative Body are discouraged from abstaining from a vote for reasons other than a legally-disqualifying, financial conflicts of interest. However, if a member chooses to abstain from voting as a result of what he/she perceives as a personal or non-financial conflict of interest, the member may do so after stating for the record the nature of the perceived conflict. A member of the Legislative Body who publicly announces that he/she is abstaining from voting on a particular matter will not subsequently be allowed to withdraw the abstention. In the event of such a perceived conflict (as opposed to a legally-disqualifying conflict), the member is not required to leave the dais.
a) A Legislative Body member shall generally express their positions on all matters except those where they are required to abstain due to legally recognized conflict of interest.
b) A Legislative Body member who has appealed the action of any person or body of the City on a matter which does not constitute a conflict of interest for the member under any law, may participate in the hearing on the appeal, unless there is clear and convincing evidence that such member is not objective or the member feels that they are unable to remain neutral, or as may be otherwise advised by the City Attorney. Notwithstanding any contrary provisions herein, in bringing an appeal, the Legislative Body member need not give reasons for making the appeal. c) A Legislative Body member may abstain from action on a matter where in the member’s opinion, there might be a public perception that participation in the discussion or decision would be inappropriate even though the member has no disqualifying financial interest within the meaning of FPPC rules and regulations.

11.8 Votes Of Members Previously Absent
a) A Legislative Body member who was not present at a meeting should generally not vote on the approval of minutes for that meeting, but the voting on such minutes shall have no effect on the validity of the minutes. b) A Legislative Body member may vote on a continued item after an absence from the earlier public hearing of the matter if, prior to the vote, the member affirms on the record that they have familiarized themselves with the record of the earlier meeting and are prepared to vote on the issue. If the member shall abstain from the vote, 430
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the member shall be counted towards the quorum on the issue and the abstention shall be counted with the vote of the majority of the quorum. c) The foregoing shall not apply to the matter of a vote on the minutes of a meeting at which the member was not in attendance. In that instance, the member abstaining on the grounds of non-attendance at the meeting to which the minutes pertain shall not be counted towards the quorum on the issue and the abstention shall not be counted with the votes of the majority of the quorum.

11.9 Appeals by Members of Legislative Body for Quasi-Adjudicatory Decisions
Except where otherwise provided, a member of the City Council may be deemed an interested person in any decision by a subordinate body and shall have standing to appeal to the City Council any decision by the subordinate body, or any determination made by any official of the City by filing a written appeal. The appeal shall not state any grounds for the appeal and the resulting hearing shall be de novo. “De novo” means that the City Council decides the appeal without deference to the subordinate body’s decision and decides the matter on appeal as if heard for the first time. The appeal must be filed within 10 days of the making of the decision being appealed and shall be filed with the Clerk/Secretary who shall give written notice to the applicant, and provide written notice to other persons as required for the original action. The hearing shall be held at the first regular meeting of the Council for which notice can be legally given.

11.10 Findings and Decisions
Decisions of a Legislative Body, when acting as a quasi-adjudicative body (public hearings) should be framed in terms of “findings” of fact, potentially relevant conclusions of law, and ultimate decisions showing the basis for the decision and the nexus between the findings, the conclusions, and the decision. The Legislative Body members must consider any legally-mandated findings applicable to a matter and consider the evidence presented to them in light of such findings in making their decisions.

11.11 Presentation of Evidence
a) Oral Evidence
Oral evidence may be taken on oath or affirmation if requested by the Legislative Body.
b) Exhibits and Documents
Documentary evidence, exhibits, written communications, and documents used and relied upon by the Legislative Body during meetings must be made part of the record.
c) Communications and Petitions
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All communications and petitions must be read aloud either in full or in summary. A reading in full must be made at the request of a majority of the Legislative Body. All such communications and petitions may be placed into evidence at the discretion of the Legislative Body. d) Staff Reports
A written staff report should be prepared and orally reviewed as part of the staff presentation. Such report is evidence and part of the record. e) Large Maps and Displays
Large size maps and displays presented for use at the hearing should be displayed in full view of the Legislative Body. When practicable, such maps or displays, or their authentic reductions, will be placed into the record.
f) Admissible Evidence
A Public Hearing need not be conducted according to legal rules of evidence. Any evidence may be accepted if it is relevant and of the type which reasonable persons rely upon in conducting serious affairs.

Irrelevant and unduly repetitious evidence will be excluded.

ARTICLE XII - MISCELLANEOUS

12.1 Interpretation
This Manual shall be liberally construed to effectuate its purpose and no ordinance, resolution, proceeding or other action of the Legislative Body shall be invalidated or the legality thereof otherwise affected by the failure or omission of the Legislative Body to technically comply with, observe, or follow the within rules. The City Council may, by resolution, adopt further rules of interpretation or practice.

12.2 Amendments
This Manual may be amended from time to time as necessary by resolution passed by a majority vote of the City Council at any regular or special meeting, provided that no such amendment shall be adopted unless at least seven days’ prior written notice thereof has been given to all Legislative Body members serving the City. Such notice shall identify the Section or Sections of the Manual proposed to be amended. 432
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Exhibit A

CODE OF CONDUCT
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CODE OF CONDUCT
This Code of Conduct is designed to describe the manner in which Councilmembers should treat one another, city staff, constituents, and others they come into contact with. Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Council may “agree to disagree” on contentious issues.

The constant and consistent theme through all of the conduct guidelines is “respect.” Councilmembers experience huge workloads and tremendous stress in making decisions that could impact thousands of lives. Despite these pressures, elected officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect of each individual through words and actions is the touchstone that can help guide Councilmembers to do the right thing in even the most difficult situations.

1.0 Council Conduct with One Another
a) Members of the Legislative Body should refer to one another formally during public meetings as Mayor, Vice Mayor or Councilmember followed by the individual’s last name.
b) Difficult questions, though challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action.

This does not allow, however, members of the Legislative Body to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. c) Any member of the Legislative Body wishing to speak, or any member of the public wishing to address the Legislative Body must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any member of the Legislative Body who seeks the floor when appropriately entitled to address the Legislative Body. The Legislative Body member shall confine himself or herself to the question under debate. It is the responsibility of the Chair to keep the comments on track during public meetings. Members of the Legislative Body should honor efforts by the Chair to focus discussion on current agenda items. If there is disagreement about the agenda or the Chair’s actions, those objections should be voiced politely and with reason.
d) Any member of the Legislative Body, including the Presiding Officer, may bring a matter of business properly before the Legislative Body for decision by making a motion. Any Legislative Body member, including the Presiding Officer, except the Legislative Body member making the motion, may second a motion. Once a motion is seconded, it may be opened for discussion and debate.
e) The Presiding Officer shall determine all points of order, subject to the right of any member to appeal to the majority Legislative Body. 434
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f) Legislative Body members shall accord the utmost courtesy to each other, to City or Legislative Body employees, and to the public appearing before the Legislative Body and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities, which disrupt, disturb or otherwise impede the orderly conduct of the Legislative Body meeting.
g) Any Legislative Body member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Legislative Body shall require the member to so act.
h) The members of the Legislative Body shall not engage in communications between themselves during the Legislative Body meeting regarding matters being considered on the agenda unless and until the Legislative Body has opened that agenda item. In order to minimize exposure to a Brown Act violation, Legislative Body members are discouraged from discussing any City business during breaks or before and after meetings; City business may only be discussed by a quorum of Legislative Body members when it is opened as a duly-noticed agenda item. Legislative Body members should not leave the room during an agenda item. i) The members of the Legislative Body shall always be attentive and show respect to those addressing the Legislative Body provided that nothing shall prevent the enforcement of the rules of decorum herein.
j) No Legislative Body member attending a meeting of another City commission or committee shall make any statement or, give the appearance or indicate in any way that they are representing the Legislative Body unless they have been authorized to do so by the Legislative Body. When making a comment at such a meeting, the Legislative Body member should make it clear that they are speaking solely as an individual. Unless officially appointed to participate on a committee, Legislative Body members should make an effort not to insert themselves into or take positions on matters which will ultimately be decided upon by the Legislative Body. k) The Legislative Body may censure its own members for misconduct pursuant to Section 7.0, below.

2.0 Council Conduct with City Staff
a) Governance of a city relies on the cooperative efforts of elected officials, who set policy, and city staff, who implement and administer the Legislative Body’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. b) During meetings, City staff and employees shall observe the same rules of procedure and decorum applicable to Legislative Body members. The City Manager shall ensure that all staff and employees observe such decorum. Any staff members, including the City Manager, desiring to address the Legislative Body or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed 435
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to the Presiding Officer and not to any individual Legislative Body member or member of the public.
c) Questions of City staff and/or requests for follow-up or additional background information should be directed only to the City Manager, the City Attorney, Assistant City Manager, or Department Heads. The Office of the City Manager should be copied on any request, except those to the City Attorney. When in doubt about what staff contact is appropriate, Legislative Body members should ask the City Manager for direction. Materials supplied to a Legislative Body member in response to a request will be made available to all members of the Legislative Body so that all have equal access to information. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. d) Members of the legislative body should never express concerns about the performance of a city employee in public, to the employee directly, or to the employee’s manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. Members of the legislative body must not attempt to influence city staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of city licenses and permits.
e) Legislative Body members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace.

3.0 Council Conduct with the Public
a) In Public Meetings, members of the Legislative Body should make every effort to make the public feel welcome is an important part of the democratic process.

No signs of partiality, prejudice or disrespect should be evident on the part of individual Members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. b) Members of the Legislative Body should be fair and equitable in allocating public hearing time to individual speakers. The Presiding Officer will determine and announce limits on speakers at the start of the public hearing process. Generally, each speaker will be allocated five-minutes with applicants and appellants or their designated representatives allowed more time. If many speakers are anticipated, the Presiding Officer may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. c) Each speaker may only speak once during a public hearing unless a Member of the Legislative Body requests additional clarification later in the process.

After the close of the public hearing, no more public testimony will be accepted unless the Presiding Officer reopens the public hearing for a limited and specific purpose. 436
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d) It is disconcerting to speakers to have Members of the Legislative Body not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as “smirking,” disbelief, anger or boredom. e) Only the Presiding Officer, not individual Members of the Legislative Body, can interrupt a speaker during a presentation. However, an individual Member can ask the Presiding Officer for a point of order if the speaker is off the topic or exhibiting behavior or language the Member finds disturbing.
f) If speakers become flustered or defensive by questions, it is the responsibility of the Presiding Officer to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by individual Members to members of the public testifying should seek to clarify or expand information. It is never appropriate to belligerently challenge or belittle the speaker. A Member’s personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed.
g) Members of the Legislative Body should be aware that their body language and tone of voice, as well as the words they use, can appear to be intimidating or aggressive.
h) The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to procedures. Final rulings on parliamentary procedure are made by the Presiding Officer, subject to the appeal of the full Legislative Body.
i) Members of the Legislative Body will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise a particular action, or to promise City staff will do something specific (fix a pothole, plant new flowers in the median, etc.)

4.0 Council Conduct with Other Public Agencies
a) When any Member appearing before another governmental agency or organization to gives a statement on an issue, the Member must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the City; 2) whether this is the majority or minority opinion of the Council. b) If the Member is representing the City, the Member must support and advocate the official City position on an issue, not a personal viewpoint. c) If the Member is also a voting member on another organization’s body whose position is different from the City, the Member should abstain from voting on the issue if it significantly impacts or is detrimental to the City’s interest. Members of the 437
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Legislative Body should be clear about which organizations they represent and inform the Mayor and Council of their involvement. If there is a chance another organization’s position significantly impacts the City’s interest, Members should consult the City Attorney.

5.0 Council Conduct with Boards and Commissions
The City has established several Boards and Commissions as a means of gathering more community input. Qualified individuals who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect.
a) If attending a Board or Commission meeting, be careful to only express personal opinions.
b) Councilmembers may attend any Board or Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation - especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Board or commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. c) Members of the Legislative Body should not contact a Board or Commission member to lobby on behalf of an individual, business, or developer. It is acceptable for individual Members to contact Board or Commission members in order to clarify a position taken by the Board or Commission.
d) The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. But Board and Commission members do not report to individual Councilmembers, nor do Councilmembers have the power or right to threaten Board and Commission members with removal if they disagree about an issue.

Appointment and re-appointment to a Board or Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A Board or Commission appointment should not be used as a political “reward.”
e) Board and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember.

6.0 Other Council Conduct While In Office.

Unless expressly stated otherwise in this section, each member of the City Council shall:
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a) Safeguard the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising objectivity, independence and honesty.
b) Not deliberately lie or mislead the public, staff, or fellow Members, unless there is a good faith belief that full disclosure of facts would potentially violate the law. c) Consider whether an action exceeds or appears to exceed authority of his or her office for personal or financial gain. When in doubt, avoid actions that create, in the mind of a reasonable observer, the appearance of impropriety, ethical lapses, legal violations or actions inconsistent with this Code of Conduct or the Manual. d) Refrain from making unauthorized commitments or promises of any kind purporting to bind the City. Refrain from any gratuitous comments that may harm the City’s position in litigation or potential litigation.
e) Refrain from using status as a public officeholder to influence the outcome of a community meeting. When attending as a resident, indicate when expressing personal opinions and refer questions related to City policies to the City Manager. f) Utilize City resources, including but not limited to, equipment, supplies, staff time, telephones, computers and fax machines in a manner consistent with City policies, the Fair Political Practices Commission regulations and state laws. g) Ensure that correspondence paid for with public funds or on City stationery must relate to bona fide City business and must not purport to advance or advocate a policy not previously approved by the City Council. No Member shall create or transmit any City correspondence without authorization from the City Council to serve as spokesperson for this purpose. Councilmembers may distribute City public information.
h) Legislative Body members are encouraged to notify the City Attorney when an employee communicates alleged misconduct by the City Manager. i) Legislative Body members are encouraged to share with the City Manager information received that may be relevant to the best interests of the City.

7.0 Enforcement of Legislative Body Member Decorum During Meetings a) When a Member disrupts a meeting by speaking out of turn or continually seeking the floor to rebut other Members who disagree, the Presiding Officer should first firmly but calmly remind the Member of the rules of procedure and decorum. If the Member continues to disrupt the meeting, the Presiding Officer’s next step is to state, “The member is out of order and will not speak until called upon.” If the behavior still persists, the Presiding Officer is to name the offender, describe the offender’s unruly behavior, and instruct the City Clerk/Secretary to record the cited behavior or words in the minutes. A member of the Legislative Body may (but is not required to) then make a 439
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motion to impose a penalty on the offending Member or the Presiding Officer may ask, “What penalty should be imposed on the member?” Possible motions that the Legislative Body can make include:

1. A motion that the member must apologize

2. A motion that the member must leave the chambers for the remainder of the meeting or for a shorter period of time to cool off.

If the Legislative Body wants the Member to leave the chambers while the penalty is discussed, this option must be presented in the form of a motion. If the Legislative Body does not ask the Member to leave during the discussion, the Member should be allowed to speak briefly in his or her defense. If the Member denies the charges, then the City Clerk/Secretary can read back what he or she has said or done. Expulsion from the meeting requires a two-thirds vote. At the request of a single Member, the vote must be taken by ballot.
b) The Santa Paula Police Chief or designee shall be ex-officio sergeant-atarms of the Legislative Body. He or she shall carry out all orders and instructions given to him or her by the Presiding Officer for the purpose of maintaining order and decorum in the Legislative Body meeting. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant-at-arms to eject the disruptive Member. c) In the event the disruptive Member is the Presiding Officer, the Vice Chair shall carry out the enforcement of order and decorum as described in this section.

8.0 Censure of Legislative Body Members
a) It shall be a violation of this Code of Conduct for any sitting Member of a Legislative Body to violate any general law or regulation, and any rule, law, ordinance, or resolution of the City of Santa Paula. It shall also be a violation of this Code of Conduct for any sitting Member of a Legislative Body to violate a policy of the City which has been adopted following a vote of the Legislative Body or the City Council on the matter and which by its terms is expressly made applicable to the Legislative Body. b) Any violation of this Code of Conduct by a Legislative Body Member may be punished through the administration of a public censure of the member by the member’s legislative body. Such censure may be in addition to any other punishment applicable to the violation. For purposes of this section, “censure” shall mean the adoption of a motion setting forth a statement of disapproval of a legislative body member’s conduct.
c) A Legislative Body Member may not be made the subject of a motion for censure without first being given notice of the violation and an opportunity to correct the violation, if it can reasonably be corrected. Upon a continued violation or failure to correct, the charged member shall be given notice and an opportunity to be heard as follows:
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1. Only a sitting Member of the Legislative Body whose member commits the violation may initiate proceedings for the censure of one of its members.

2. Proceedings shall be commenced by the presentation of a written statement of charges to the subject Legislative Body Member with a copy delivered concurrently to the clerk/secretary by the member initiating the charge.

3. Initiation shall not require the prior approval of the Legislative Body.

The statement of charges shall be given at least ten days prior to the meeting at which the censure motion is proposed to be brought.

The notice shall contain, at a minimum, the designation of the specific rule, law regulation, etc. Which the member is claimed to have violated and a statement of the date, place, and time at which the violation occurred. The statement shall further contain a description of the conduct of the member which is alleged to constitute the violation. The statement of charges shall be delivered to all other Legislative Body members.

4. Within seven (7) days after delivery of the statement of charges, the charged member should deliver a written response to the other members of the Legislative Body unless the charged member chooses to defer to response to the hearing.
d) The motion for censure shall be agendized and considered at the first regular meeting occurring 10 days following the delivery of the statement of charges to the Member and clerk/secretary. The hearing may not be continued except upon the absence from the meeting of a Member of the Legislative Body other than the Member bringing the charge or the member who is the subject of the charge. e) The hearing shall be conducted in an open session by the presiding officer unless the presiding officer is a party to the action, in which case the vice chair or some other Member shall conduct the proceedings. The hearing shall generally proceed by a reading of the charges by the charging member. The charging member may present witnesses; the charged member may answer in rebuttal; members of the public may speak in favor or opposed to the charge; and the remaining members may speak to the charges in that order.
f) Passage of the motion for censure shall require a majority vote of the Members of the Legislative Body. The voting members shall not go into closed session for deliberation.
g) If the motion for censure does not pass, the proceedings shall be at an end. A new motion for censure on the same grounds of violation may not thereafter be commenced against the same Legislative Body Member for a period of one (1) calendar year from date of the vote. However, new proceedings may be commenced on the 441
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same charges within the one (1) year period on the vote of 4 members of the fivemember Legislative Body. h) If the motion for censure does pass, such motion shall become a part of the public record, a copy of which shall be made available upon demand to any member of the public and notice of same shall be placed in the administrative file of the Legislative Body Member. A censure can include:

1. Adoption of a resolution expressing disapproval of the conduct giving rise to the censure.

2. Removal from representing the Council at any activities where they might be designated by the Council as a representative of the City.

3. Removal or non-appointment of a Legislative Body Member from committees.

4. Removal or non-appointment of a Legislative Body Member from the offices of Mayor or Vice-Mayor.
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Santa Paula City Council Tentative Agenda Schedule
Updated 9/28/2023
DEPARTMENT Wednesday, October 18, 2023 Proposed
Date
CDD Community Development Department Report 10/18/23
Admin Property Transfer Agreement with Chevron 10/18/23 Finance Year-end and First Quarter Fiscal Review 10/18/23 Finance CFD Bond Issuance 10/18/23
PW Chloride Source Study Report 10/18/23
Admin Review Flag Policy 10/18/23
Finance Travel Policy Update 10/18/23
Wednesday, November 1, 2023
CDD Façade Improvement Program 11/1/23
Finance Measure T Annual Report 11/1/23
Admin Proclamation – 100th Birthday – Albino Pineda 11/1/23 Admin City Manager Department Report 11/1/23
P&R Senior Advisory Committee Presentation 11/1/23

STUDY SESSION TOPICS
Admin No Smoking Ordinance
P&R Oil Museum Use Options
Attorney Municipal Code Update Overview October

FUTURE AGENDA ITEMS
PW Plans & Specifications for 8th Street Streetlight Repair Project PW Citywide Street Maintenance Construction Award (Fall PMP Funding)
Admin SoCal Edison Discussion on Rates
Finance Unclaimed Funds
CDD VCTC Update on Railroad
CDD Cultural Arts Update
CDD Housing Element Update
Attorney Invocation Policy Update
Finance Annual City Audit
CDD ADU Ordinance
Legal Fire MOU Amendment
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Santa Paula City CouncilOctober 4, 2023

Santa Paula City Council
October 4, 2023