City of Santa Paula
City Council
MAYOR LESLIE CORNEJO
VICE MAYOR PEDRO A. CHAVEZ
COUNCILMEMBER JENNY CROSSWHITE
COUNCILMEMBER CARLOS JUAREZ
COUNCILMEMBER ANDY SOBEL
CITY COUNCIL REGULAR MEETING OF THE
SANTA PAULA CITY COUNCIL
WEDNESDAY, SEPTEMBER 4, 2024
6:30 PM - City Council Regular Meeting
SANTA PAULA CITY HALL
970 VENTURA STREET
SANTA PAULA, CA 93060
JULIE LATSHAW, CITY CLERK
DAN SINGER, CITY MANAGER
MONICA CASTILLO, CITY ATTORNEY
City of Santa Paula - City Council - City Council Regular Meeting 1
CITY COUNCIL REGULAR MEETING
You are invited to participate in all Regular City Council meetings. Agendas are posted in the front of Santa Paula City Hall, 970 Ventura Street, Santa Paula, 72 hours in advance of the scheduled meetings. The City Council's regular meetings start at 6:30 p.m. the first and third Wednesday of each month in the City Hall Council Chambers located at 970 Ventura Street in Santa Paula. Special and Closed Sessions vary by date and time.
HOW TO PARTICIPATE IN PERSON DURING THE MEETING: If you wish to speak at a City Council meeting, please fill out a Public Comment Form noting your name and address and submit the form to the City Clerk. Include the Agenda item number, when appropriate. Public comments are limited to 3 minutes.
1. Items Not on the Agenda: If you wish to discuss an item which is not scheduled on the Agenda, you may address the City Council during Public Comment. Please realize that due to the limitations placed on the City Council by provisions of the California Government Code, the City Council ordinarily cannot take action on any item that is not on the agenda. Because of these restrictions, expect that matters that you identify during public comment may be referred to staff or considered on a future agenda.
2. Agenda Items: Items being considered by the City Council may appear on the Consent Calendar, as an Action Item, or as a Public Hearing. Public comments on each type of item are handled differently, as explained below:
a. For items appearing on the Consent Calendar, please submit a Public Comment Form before the Council takes action on the Consent Calendar. Items that receive a Public Comment Form may be pulled from the Consent Calendar by the Mayor and discussed separately by the City Council.
b. For items appearing as an Action Item, the Mayor will announce the Agenda item and request the staff report, the staff member responsible will give a brief summary of the report; the City Council will have an opportunity to ask questions of staff; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); and the City Council will discuss the item and then take appropriate action.
c. For items on which a Public Hearing is scheduled, the Mayor will open the public hearing and receive the staff report; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); the City Council will discuss the item; and the Mayor will close the public hearing after City Council action.
HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence on any agenda item by sending an email to [email protected]. All public correspondence received by 3:00 p.m. (PT) on the meeting date will be provided to the legislative body before the meeting. Public Comments received after 3:00 p.m. will be provided to the legislative body the next day.
Your Participation in this meeting is in the public domain; meetings are cablecast; minutes of this meeting will reflect your participation in this meeting and are posted on the city’s website.
PLEASE NOTE: Be advised that if you bring a legal challenge to an action, you may be limited to raising only those issues you or someone else raised at the meeting described in this Agenda, or in written correspondence delivered to the City Council at or before the meeting.
Any action is subject to the ninety-day time period set forth in Code of Civil Procedure § 1094.6.
City of Santa Paula - City Council - City Council Regular Meeting 2
1. CALL TO ORDER
REMINDER: in order to minimize distractions during public meetings, all personal communication devices should be turned off or put in a non-audible mode.
2. INVOCATION
3. FLAG SALUTE
4. ROLL CALL
5. PUBLIC COMMENT
At this time, members of the public may comment on any item not appearing on the agenda that is within the subject-matter jurisdiction of the City Council. A Public Comment Form must be submitted to the City Clerk prior to the beginning of the Public Comment period in order to be recognized to speak. Individuals submitting Public Comment Forms after the beginning of the Public Comment period will not be allowed to speak at this time, but may be recognized to speak by the Mayor at the conclusion of the meeting. Individual Councilmembers may briefly respond to Public Comments or ask questions for clarification. The City Council may direct staff to report to the City Council on the item at a later meeting. For items appearing on the Agenda, the public will be invited to make comments at the time the item comes up for City Council consideration. If a member of the public wishes to address a Consent Calendar item, please submit a Public Comment Form for that item. It may then be discussed separately by the Council, and the public will be invited to make comments at that time. At all times, please use the microphone and write your name and address on the Public Comment Form provided.
6. PRESENTATIONS
6.A SPIRIT OF SANTA PAULA ANNUAL REPORT
7. CITY COUNCIL REPORTS
8. CITY MANAGER REPORTS
9. CONSENT CALENDAR
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (805) 933-4208. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35, 102-35.104 ADA Title II). Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s office.
HOW TO VIEW ON YOUR TELEVISION, COMPUTER, OR MOBILE DEVICE: Watch from home live on the local Channel 10, or view the live feed on the city website at the following link: https://www.spcity.org/523/Public-Meeting-Agendas NOTE: Special and Closed Sessions are not recorded and not available on Channel 10 or live feed on the city website.
REGULAR MATTERS - COUNCIL CHAMBERS
City of Santa Paula - City Council - City Council Regular Meeting 3 Background information has been provided to the City Council on all matters listed under the Consent Calendar and these items are considered to be routine by the City Council and are normally approved by one motion. If discussion is requested by a Councilmember on any item, or a member of the public wishes to comment on an item, that item may be removed from the Consent Calendar for separate action.
9.A SURPLUS VEHICLES AND EQUIPMENT
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the designation and sale of surplus vehicles and equipment in accordance with the City’s Memorandum of Understanding with Ventura County General Services Agency.
Prepared by: Darin Howard, Fleet Supervisor
9.B AMENDMENTS TO THE CITY'S PERSONNEL RULES AND
REGULATIONS
RECOMMENDATION:
It is recommended that the City Council:
(1) Adopt Resolution No. 7536 amending the City’s Personnel Rules and Regulations.
9.C TERMINATION OF LOCAL EMERGENCY DELARED IN RESPONSE TO
BREACH OF CITY'S MAIN WATER RESERVOIR
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No. 7539 terminating the local emergency declared in response to a breach of the City's main water reservoir.
9.D HARVEST AT LIMONEIRA WELL 7 AND WELL 8 OFFSITE
IMPROVEMENT AGREEMENTS
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No. 7538 Approving Well 7 and Well 8 Offsite Improvement Agreements.
9.E ENGEO PROFESSIONAL SERVICES AGREEMENT
RECOMMENDATION:
Staff recommends that the City Council convene as the GHAD Board to:
1. Authorize the Chair to execute a One-Year Professional Services Agreement with ENGEO Incorporated to provide GHAD Manager services for the Santa Paula GHAD in a form approved by the City Attorney, in the amount of $39,969.00 for Fiscal Year 2024-2025 based on the City’s approved two-year budget.
City of Santa Paula - City Council - City Council Regular Meeting 4 Prepared by: Andrew Sumanting, Administrative Analyst I
10. PUBLIC HEARING
Verification of posting notice by City Clerk
Declaration of conflicts (if any)
Declaration of ex parte contacts (if any)
Open public hearing
Staff presentation
Public comments
Close public hearing
Discussion and action
10.A ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1 IN CONJUNCTION WITH SOUTHERN CALIFORNIA EDISON 'RULE 20A'
PROGRAM
RECOMMENDATION:
Staff recommends that the City Council:
1. Conduct a public hearing to consider adoption of Resolution No. 7532 establishing Underground Utility District No. 1 in conjunction with the Southern California Edison “Rule 20A” program.
Prepared by: Tatiana Arnaout, Deputy City Engineer, m6 Consulting, Inc.
11. ACTION ITEMS
11.A 2023-2025 CITY COUNCIL STRATEGIC PLAN PROGRESS REPORT RECOMMENDATION:
Staff recommends City Council:
1. Receive a presentation and file a progress report on the Council's Strategic Plan; and
2. Direct staff to take additional or related action that may be desirable.
Presented by: Jonathan Royas, Deputy City Manager
12. ITEMS FOR FUTURE AGENDAS
12.A FUTURE AGENDA ITEMS
RECOMMENDATION:
Staff recommends City Council review future agenda items.
13. CLOSED SESSION
14. ADJOURNMENT
State of California )-
County of Ventura )- ss
City of Santa Paula - City Council - City Council Regular Meeting 5 City of Santa Paula )-
I declare under penalty of perjury that I posted this City Council Agenda on the bulletin board near the front door of City Hall, 970 Ventura Street, Santa Paula, California.
On_________________ at______________Signed:_________________________ Julie Latshaw
City Clerk
City of Santa Paula - City Council - City Council Regular Meeting 6 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: SURPLUS VEHICLES AND EQUIPMENT
Date: September 4, 2024
Agenda Item: 9.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the designation and sale of surplus vehicles and equipment in accordance with the City’s Memorandum of Understanding with Ventura County General Services Agency.
Prepared by: Darin Howard, Fleet Supervisor
BACKGROUND:
The City has used a variety of methods to dispose of surplus property including City sponsored auctions, sealed bid process and third-party auctions. Current technology allows the use of online auction websites, such as www.publicsurplus.com ("Public Surplus") that attracts nationwide buyers and specializes in government surplus sales. This website is the one utilized by Ventura County General Services Agency (VCGSA). On September 5, 2018, the City entered into a Memorandum of Understanding (MOU) with Ventura County General Services Agency for the sale of the City’s surplus vehicles and equipment on Public Surplus.
ANALYSIS:
Publicsurplus.com marketing procedures attract a large volume of buyers, which enables the City to increase the amount of revenue generated by the sale of its surplus property. This process is ultimately the best venue to utilize for the sale of City surplus property while quickly yielding the highest revenue.
Staff recommends the following vehicles and equipment to be designated as surplus property and sold on publicsurplus.com in accordance with the City’s MOU with VCGSA:
Public Works Department
1995 Ford Explorer
1993 Case Skid Steer Loader
2002 Alkota Press. Washer W/ Recovery
2016 Total Screen Scrubber Advance SC6500 45C Ecoflex
7 1985 Case W-251 Roller
1991 Ford F250 ¾ Ton Pickup W/ Toolbox
1989 Ford F800 Dump Truck
1999 Ford F350 Super Duty Service Body W/ Crane
Police Department
2010 Dodge Charger BLK/WHT
2008 Chevrolet Colorado / Animal Transport
2015 Chevrolet Tahoe K9
2004 Ford CSO Crown Victoria
2008 Ford Expedition
Parks & Recreation
2003 Hustler 4600 Mower w/ Range Wings
These vehicles reached the end of their service life based on years in service, high mileage, and/or high repair frequency and related costs. A full description of each vehicle and related equipment recommended for surplus sale is provided in Exhibit A.
STRATEGIC PLAN:
The approval of this agenda item does not directly address the strategic goals within the City’s adopted Strategic Plan.
FISCAL IMPACTS:
A portion of the fees charged by VCGSA are used to clean and market the vehicles and equipment prior to being auctioned on publicsurplus.com This saves critical staff resources traditionally needed to clean and prepare the equipment prior to sale. VCGSA charges a $500.00 flat fee for on-road off-road (rolling stock) sales and charges a 25% fee against the sale price for all other liquidation assets. Public Surplus may charge a premium not to exceed 10% to the individual or winning bidder. The buyer’s premium is excluded from the gross proceeds and is retained by Public Surplus. All net revenue received from the sale of surplus fleet vehicles and equipment will be credited to the original funds that were used to purchase them.
OPTIONS:
The Council has the following available alternative options to Staff’s recommendations:
1. Do not authorize the designation and sale of surplus vehicles and equipment in accordance with the City’s Memorandum of Understanding with Ventura County General Services Agency and request staff use an alternative means of selling surplus property.
This action would delay the receipt of additional revenue needed for the purchase of critical replacement equipment.
ATTACHMENTS:
Exhibit A - Surplus Vehicle List FY 2024-2025.pdf
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10 To: Honorable Mayor and Members of the City Council
From: Lorena Alvarez, Human Resources Manager
Subject: AMENDMENTS TO THE CITY'S PERSONNEL RULES AND
REGULATIONS
Date: September 4, 2024
Agenda Item: 9.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
It is recommended that the City Council:
(1) Adopt Resolution No. 7536 amending the City’s Personnel Rules and Regulations.
BACKGROUND:
On October 4, 1965, the City Council adopted Resolution No. 1967 establishing Personnel Rules and Regulations (Rules) for the City of Santa Paula. As with other policies, the Rules need to be updated periodically to address changes in the law, best practices and City operations. Staff began working on a comprehensive review and update of the Rules in 2020 and has since brought amendments to the Council periodically to reflect changes in law, benefit provisions and the need to modernize policies and procedures, as other organizational priorities have allowed.
Staff continues to monitor as laws and regulations change, and will continue to work on revisions to additional amendments to the Rules as time permits, or when potential risks are identified or opportunities for improvement in practices arise to stay current with the changing needs of the City and its operations.
ANALYSIS:
Staff is proposing revisions to the Personnel Rules and Regulations to reflect changes in the law and update employee benefits, as summarized below.
The amendment to Personnel Rule 2.5, Drug and Alcohol Policy, brings the City into compliance with Assembly Bill (AB) 2188. AB 2188 became effective January 1, 2024, making it unlawful for an employer to discriminate against a person in hiring, termination or any other condition of employment, or otherwise penalize a person, if the discrimination is based upon a person’s use of cannabis off the job and away from the workplace. Although the use of cannabis off the job is legal under most circumstances, there are several classifications that are exempt from AB 2188 provisions; exempt classifications include those employees that are in the building and construction type positions, positions requiring federal background 11 investigations or clearances, or positions requiring that the employee be tested for controlled substances as a condition of employment, including those required under the Department of Transportation to submit Random Drug Testing.
Personnel Rule 6.1 and Personnel Rule 7.2 has been amended to reflect the additional benefits that City Council Resolution No. 7292 extended to part-time employees that are assigned to work more than thirty-two hours, but less than forty hours per week on a regularly scheduled basis. The adoption of Resolution No. 7292 authorized cafeteria benefits, as well as vacation, holiday and sick leave accruals to eligible part-time employees on a prorated basis.
Personnel Rule 7.7, Medical Leave, has been amended to include the Military Family Leave provision of the Family and Medical Leave Act. The amendment provides guidelines to employees for qualifying military exigencies and military caregiver leave.
STRATEGIC PLAN:
This amendment supports the currently adopted Strategic Plan in achieving the following goals:
G. Operational Excellence
Objective 4: Updated the City Personnel Policies and Procedures to comply with statues.
FISCAL IMPACTS:
The adoption of the proposed resolution, which will revise the City’s Personnel Rules and Regulations, will not have any new fiscal impact.
OPTIONS:
Council may approve these recommendations as presented or could alter or amend the recommendations.
Council could also deny these amendments and provide alternative direction to staff, but doing so could leave the City out of compliance with new employment laws.
ATTACHMENTS:
Resolution No. 7536.pdf
Redlined.pdf
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To: Honorable Mayor and Members of the City Council
From: Kate Watkins, Emergency Services Coordinator
Subject: TERMINATION OF LOCAL EMERGENCY DELARED IN RESPONSE TO
BREACH OF CITY'S MAIN WATER RESERVOIR
Date: September 4, 2024
Agenda Item: 9.C
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No. 7539 terminating the local emergency declared in response to a breach of the City's main water reservoir.
BACKGROUND:
On June 24, 2024 City Manager Dan Singer, declared an Emergency Proclamation for the City of Santa Paula due to a breach of the City’s main water reservoir. This proclamation was ratified by City Council on July 2, 2024 with the approval of Resolution No. 7531. The City’s main water reservoir was compromised, the extent to which was unknown, causing for the California State Water Resources Control Board and the Department of Drinking Water to advise declaring a “Do Not Drink the Water,” notice for approximately half of the City’s residents. To minimize disruption in services to the residents of Santa Paula, the Santa Paula Water Department provided water for free to anyone who came to the distribution site.
Upon receiving testing results, the water was determined to be drinkable. Thus, on June 25, 2024 the public was notified they would be able to drink the water once again. City staff continued to work on closing out their emergency response in their particular departments.
Immediately, staff began to pursue options for future security to limit the opportunity for a threat of this nature to occur again.
ANALYSIS:
With the restoration of water, investigation of the security breach done, and s ecurity measures well underway, the necessity for an emergency declaration has concluded. In ongoing efforts to increase security of the facility, an inner fence is being built to secure the reservoir.
Additional measures are being examined for increased security, considerations including cameras, lighting, and various warning mechanisms.
STRATEGIC PLAN:
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While this action is not an objective called out in the City's adopted Strategic Plan, it is consistent with Goal E: Public Safety & Emergency Preparedness, which calls for the creation of an environment within the City in which our residence feel safe. Through updating the security of the reservoir, the city's facilities are becoming more secure, thus promoting a safer environment for residents.
FISCAL IMPACTS:
Ratification terminating the emergency declaration has no direct fiscal impact. The incident creating the emergency caused the public, businesses, and the City harm, however, the City has little means of restitution or reimbursement for the costs associated with the response and restoration of this incident.
Approximately $137,000 will have been spent by September on increased security, new fencing and a budget for surveillance, which will come out of the City's Water Enterprise Fund from cost savings in groundwater pumping charges.
OPTIONS:
As an alternative to Staff's recommendation, the City Council has the following options:
1. Do not adopt the attached resolution because an identified necessity for a continued emergency declaration remains, and/or
2. Provide alternative direction to staff.
ATTACHMENTS:
Resolution 7539_re_Termination_of_Local_Emergency.pdf
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ATTACHMENT A
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65283.00001\42620897.2
RESOLUTION NO. 7539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA
TERMINATING THE LOCAL EMERGENCY DECLARED IN RESPONSE TO BREACH
OF CITY'S MAIN WATER RESERVOIR
The City Council of the City of Santa Paula resolves as follows:
SECTION 1: Recitals.
A. California Government Code Section 8630 empowers the City Council to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity.
B. Santa Paula Municipal Code (SPMC) section 34.05(8)(1) empowers the City Manager, acting as the Director of Emergency Services, to request the City Council to proclaim the existence or threatened existence of an emergency if the City Council is in session. If the City Council is not in session, the City Manager shall proclaim the existence or threatened existence of an emergency, subject to confirmation by the City Council at the earliest practicable time, but in no case shall such proclamation remain in effect for a period in excess of seven days unless it has been ratified by the City Council.
C. On June 24, 2024, an individual breached the City’s main water reservoir, potentially contaminating the drinking water supply to roughly half of the City’s residents.
D. The City Manager, acting as the Director of Emergency Services, proclaimed an emergency as a result of the main water reservoir breach on June 24, 2024.
E. On July 2, 2024, the City Council adopted Resolution No. 7531 ratifying the proclamation of local emergency by the City Manager.
F. Pursuant to California Government Code section 8630(d), the City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
SECTION 2: Termination of Proclamation of Local Emergency. Pursuant to California Government Code section 8630(d), and SPMC section 34.05(8)(1), the City Council finds and proclaims that the conditions of extreme peril to the safety of persons and property that arose as a result of the breach of the City's main water reservoir in the City of Santa Paula no longer exist. As such, the proclamation of an existence of a local emergency declared in response to the breach of the City's main water reservoir proclaimed by the City Manager on June 24, 2024 and ratified by the City Council on July 2, 2024 is hereby terminated.
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SECTION 3: The City Clerk shall certify to the passage and adoption of this resolution and enter into the book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of Santa Paula this 4th day of September, 2024.
_______________________________
Leslie Cornejo, Mayor
ATTEST:
_________________________
Julie Latshaw, CMC, City Clerk
APPROVED AS TO FORM:
________________________
Monica Castillo, City Attorney
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To: Honorable Mayor and Members of the City Council
From: Monica Castillo, City Attorney
Subject: HARVEST AT LIMONEIRA WELL 7 AND WELL 8 OFFSITE
IMPROVEMENT AGREEMENTS
Date: September 4, 2024
Agenda Item: 9.D
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No. 7538 Approving Well 7 and Well 8 Offsite Improvement Agreements.
BACKGROUND:
In 2008, the City Council approved a General Plan Amendment, Specific Plan, and Development Agreement with then property owner Limoneira Company that, together, allowed for the development of the East Area 1 project known as Harvest at Limoneira.
On February 17, 2015, the City Council and the Planning Commission held joint public hearings regarding the project and approved successor owner Limoneira Lewis Community Builders, LLC’s (“LLCB”) request for an amendment to the Specific Plan (the “Original EA1SP”), a First Amended and Restated Development Agreement (“Original Development Agreement”), and Master Vesting Tentative Tract Map (MVTTM) No. 5854. MVTTM No. 5854 subdivided the East Area 1 project area into several “super lots” to facilitate the development allowed within the East Area 1 plan area. The Master Map established the primary boundaries for major development areas and primary streets within the specific plan area. Over the years, the Original Development Agreement has been amended twice (“Development Agreement”), the Original EA1SP amended four times (“East Area 1 Specific Plan”), and the General Plan amended as needed (together, the “Project”).
The East Area 1 Specific Plan provides for the establishment of a new well field consisting of at least two wells known as Well 7 and Well 8. LLCB has started construction of both. Well 7 is located at the southern end of the future Santa Paula Creek Linear Park, which runs along the western edge of the development, and Well 8 is located above Well 7 at the northern end. (See Attachment A site map)
In accordance with the Specific Plan, Well 7 will be designed with a capacity to pump 2,500 gallons per minute (gpm), and Well 8 will be designed with a capacity to pump at 1,500 gpm. Well 7 will have a treatment facility that will treat water from both Well 7 and Well 8 prior to this 124
water entering the City's domestic system. Running these wells approximately 9 hours per day will provide 365 acre feet per year of water.
Staff now requests Council approval of two proposed offsite improvement agreements which would obligate LLCB to furnish improvement security for the completion of Well 7 and Well 8 (respectively, Exhibit A and Exhibit B of Attachment B [Resolution No. 7538]).
ANALYSIS:
Typically, improvement agreements are recorded against a specific subdivision map in a development project and are called subdivision improvement agreements. Improvement agreements may also be used in relation to a project site as whole, in which case they are called “offsite improvement agreements.” The two types of agreements have the same legal effect. Here, LLCB and City have negotiated offsite improvement agreements for Well 7 and Well 8.
The Well 7 Offsite Improvement Agreement (OIA) will ensure the completion of Well 7 and a water treatment facility consistent with the Specific Plan. The OIA requires LLCB to post a performance bond in the amount of $7,950,767 and to complete the Well 7 improvements before the 1000th certificate of occupancy is issued within East Area 1. Before City accepts the completed improvements, LLCB must file a one-year 10% warranty bond.
Likewise, the Well 8 OIA will ensure the completion of Well 8 and appurtenant features consistent with the Specific Plan. The OIA requires LLCB to post a performance bond in the amount of $2,121,600 and to complete the Well 8 improvements before the first certificate of occupancy issued within future Tract Map No. 6000 (Phase III – Santa Paula Creek Neighborhood), a later phase of the East Area 1 project. Before City accepts the completed improvements, LLCB must file a one-year 10% warranty bond.
STRATEGIC PLAN:
Though this item does not promote a specific objective in the City's Two-Year Strategic Plan, it furthers the following general goal: "Create an environment within the City in which our residents feel safe and which promotes the City as a location of choice for living, working, visiting and recreating."
FISCAL IMPACTS:
There are no fiscal impacts associated with approving the agreements. LLCB is responsible for the wells’ construction and maintenance until such time as they are completed and accepted by the City. Further, LLCB will be reimbursed from available bond sale proceeds from CFD No. 1, if any are available.
OPTIONS:
As an alternative to the recommended action, the Council may also:
1. Adopt the resolution approving the Well 7 and Well 8 offsite improvement agreements with specified amendments to the agreements.
2. Take other action as desirable.
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ATTACHMENTS:
ATTACHMENT A - Wells 7 and 8 Map.pdf
ATTACHMENT B - Reso Approving Well 7 and 8 Offsite Improvement Agreements w Exs_FINAL.pdf
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ATTACHMENT A
Well Locations
Well 8
Well 7
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65283.00001\42614373.1
ATTACHMENT B
RESOLUTION APPROVING WELLS 7 AND 8 OFFSITE IMPROVEMENT
AGREEMENTS
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65283.00001\42614373.1
RESOLUTION NO. 7538
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
PAULA APPROVING OFFSITE IMPROVEMENT AGREEMENTS FOR
WELL 7 AND WELL 8 AT HARVEST AT LIMONEIRA
The City Council of the City of Santa Paula does resolve as follows:
SECTION 1: Recitals.
A. In 2008, the City Council approved a General Plan Amendment, Specific Plan, and Development Agreement with then property owner Limoneira Company that, together, allowed for the development of the East Area 1 project known as Harvest at Limoneira.
B. On February 17, 2015, the City Council and the Planning Commission held joint public hearings regarding the project and approved successor owner Limoneira Lewis Community Builders, LLC’s (“LLCB”) request for an amendment to the Specific Plan (the “Original EA1SP”), a First Amended and Restated Development Agreement (“Original Development Agreement”), and Master Vesting Tentative Tract Map (MVTTM) No. 5854. MVTTM No. 5854 subdivided the East Area 1 project area into several “super lots” to facilitate the development allowed within the East Area 1 plan area.
C. The Master Map established the primary boundaries for major development areas and primary streets within the specific plan area. Over the years, the Original Development Agreement has been amended twice (“Development Agreement”), the Original EA1SP amended four times (“East Area 1 Specific Plan”), and the General Plan amended as needed (together, the “Project”).
D. The East Area 1 Specific Plan provides for the establishment of a new well field consisting of at least two wells known as Well 7 and Well 8.
E. LLCB is required to build Wells 7 and 8, which will be used to supply drinking water to Harvest residents.
F. To comply with Project requirements, LLCB and City have negotiated two proposed offsite improvement agreements which would obligate LLCB to furnish improvement security for the completion of Well 7 and Well 8. The agreements are attached as Exhibit A and Exhibit B, respectively, to this Resolution.
SECTION 2: Environmental Assessment. The City Council makes the following environmental findings:
A. The City certified the EA1 FEIR, adopted the Specific Plan, and approved a series of related actions in February 2008. As required by the California Environmental Quality (CEQA), the City adopted findings of fact for the significant impacts 129
65283.00001\42614373.1
identified in the EA1 FEIR and a statement of overriding considerations for those impacts identified as significant and unavoidable after the incorporation of all feasible mitigation into the East Area 1 project.
B. Addendum No. 1 to the EA1 FEIR, prepared by the City in February 2010, addressed the addition of three parcels to the proposed East Area 1 annexation to allow for the implementation of improvements to the intersection of Telegraph Road and Hallock Drive identified in Mitigation Measure T-2 of the EA1 FEIR.
C. From 2014 through 2016, the City prepared two subsequent Addendums to the EA1 FEIR to address changes to the Project, as well as a Final Supplemental EIR (the “FSEIR”), certified in 2015, for, among other entitlements, an amendment to the Specific Plan, followed by two Addendums to the FSEIR.
D. In 2024, the City approved Addendum No. 3 to the EA1 FEIR for approval of Amendment No. 3 to the Development Agreement, and Addendum No. 4 for approval of Amendment No. 4 to the Specific Plan and a General Plan Amendment.
E. All prior CEQA documents shall collectively comprise and be referred to hereafter in this Section as the “EA1 FEIR”.
F. The EA1 FEIR (including documents and other materials that constitute the record of proceedings on which the City’s findings and decisions are based) is located at City of Santa Paula, 970 Ventura Street, Santa Paula, CA 93060. The custodian for these documents is the Community and Economic Development Director. This information is provided in compliance with CEQA § 21081.6(a)(2) and CEQA Guidelines § 15091(e).
G. The EA1 FEIR is incorporated into this Resolution by reference as if fully set forth herein.
H. The California Environmental Quality Act (CEQA) requires a review of the information in the EA1 FEIR to address changes to a project or changes to the circumstances under which a project will occur and to assess whether a subsequent or supplemental EIR is required.
I. Pursuant to Section 15162 of the California Environmental Quality Act, approval of the offsite improvement agreements does not require a subsequent or supplemental EIR because the proposed agreements will not result in any new significant impacts or any substantial increase in severity of the significant impacts identified in the EA1 FEIR for the Amended Project. Approving the agreements does not add improvements whose impacts were not already considered in the previous environmental document, EA1 FEIR.
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65283.00001\42614373.1
SECTION 3: Approval. The City Council approves the offsite improvement agreements for Wells 7 and 8. The City Manager is authorized to execute the agreements and to implement this Resolution.
SECTION 4: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED AND ADOPTED, this 4th day of September, 2024. _____________________
Leslie Cornejo, Mayor
ATTEST:
_________________________
Julie Latshaw, City Clerk, CMC
Approved as to form:
_______________________________
Monica Castillo, City Attorney
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65283.00001\42614373.1
EXHIBIT A
WELL 7 OFFSITE IMPROVEMENT AGREEMENT
[Attached behind]
132
1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
No fee per Government Code § 6103
APNs 107-0-230-015, 107-0-220-055 and -065 (Tract 6001)
HARVEST AT LIMONEIRA
OFFSITE IMPROVEMENT AGREEMENT
WELL NO. 7
THIS AGREEMENT (“Agreement”) is made and entered into this ___ day of ___________, 2024 (“Effective Date”), by and between the CITY OF SANTA PAULA, a general law city and municipal corporation (“CITY”) and LIMONEIRA LEWIS COMMUNITY BUILDERS, LLC, a Delaware Limited Liability Company (“DEVELOPER”).
Capitalized terms not otherwise defined in this Agreement will have the meanings attributed to them in the Development Agreement.
The Parties agree as follows:
1. RECITALS. This Agreement is made with reference to the following facts and objectives:
A. On or about February 26, 2015, the City and Limoneira Company entered into an Amended and Restated Development Agreement (“Original Development Agreement”) for developing the area commonly known as “East Area 1” for a mixed-use planned community (“Project”) on real property shown in Tract Map No. 5854 recorded in the Official Records of Ventura County (“Official Records”) on December 28, 2017, as Document No. 20171220-00164292-0 (“Property”).
B. The Original Development Agreement was recorded in the Official Records on April 27, 2015, as Document No. 20150427-00062760-0. On or about September 21, 2015, DEVELOPER became the successor in interest to the rights and obligations of Limoneira Company pertaining to the Original Development Agreement.
C. The Original Development Agreement was amended by the First Amendment to the Development Agreement, dated March 18, 2020 133
2 (“Amendment No. 1”), and by the Second Amendment to the Development Agreement, dated April 21, 2021 (“Amendment No. 2”), and the Third Amendment to the Development Agreement, dated March 23, 2024 (“Amendment No. 3”).
D. The Original Development Agreement has been further clarified and supplemented by Operating Memoranda Nos. 1 - 8 (collectively, the “Operating Memoranda”) on file with the City. The Original Development Agreement, as amended by Amendment Nos. 1, 2, and 3, and the Operating Memoranda are collectively referred to herein as the “Development Agreement.”
E. Pursuant to the Development Agreement, DEVELOPER must construct certain public improvements known as Well No. 7 (“Improvements”), including the Iron & Manganese Treatment Facility for Well Nos. 7 and 8 generally described in the attached Exhibit A. The Improvements will be constructed in accordance with plans and specifications on file with CITY known as City Drawing No. 40.35.111 by DEVELOPER’s contractor Water Resource Engineering Associates (“WREA”).
F. Section 7.1.2 of the Development Agreement requires DEVELOPER to provide improvement security for the Improvements to the extent they are not financed by a Financing Mechanism. The Acquisition Agreement defined in Section 14, below, together with the CFD No. 1 formation documents, is a Financing Mechanism.
G. Section 14 of the Acquisition Agreement provides that DEVELOPER must secure construction of the Improvements with a bond or other security, but that such bond amount must be reduced by amounts of CFD proceeds dedicated for the Improvements as the City “determine[s] is appropriate.”
2. CONSTRUCTION OF IMPROVEMENTS. At its sole cost and expense, DEVELOPER agrees to furnish all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary to complete the Improvements set forth in the approved plans and specifications and in conformance with the Approvals (as that term is defined in the Development Agreement), CITY standards, and federal and state requirements.
3. ESTIMATED COST OF IMPROVEMENTS.
A. The estimated hard costs of the Improvements is $7,628,767, inclusive of a 25% contingency (“Estimated Hard Costs”).
B. A copy of the Estimated Hard Costs is attached hereto as Exhibit B and incorporated by this reference.
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3 C. The estimated soft costs to complete the Improvements include final design, permits, future price inflation, construction management, project management, and inspections at an estimated cost of $322,000 (“Estimated Soft Costs”).
D. The combined total of Estimated Hard Costs and Estimated Soft Costs is $7,950,767 (hereafter, the “Total Estimated Costs”).
4. MODIFICATIONS TO TOTAL ESTIMATED COSTS.
A. The Estimated Hard Costs in Exhibit B shall not be increased by more than five percent (5%) without DEVELOPER delivering written notice to the City Engineer. If during the course of construction of the Improvements, DEVELOPER is presented with a change order or set of change orders that would increase the Estimated Hard Costs secured by a bond by more than 15%, DEVELOPER must receive the approval of City Engineer before approving the change order(s), which shall not be unreasonably withheld or conditioned, subject only to the City Engineer’s right to require, pursuant to Subsection B below, a corresponding increase in the amount of the bonds for such Improvements.
B. Should the Total Estimated Costs bonded for be inadequate to cover increased costs to complete the Improvements, the City Engineer may require, and Developer will comply with, an increase in the bond coverage to reflect the increased costs for constructing the Improvements to ensure adequate bonds are in place. To the extent such costs exceed the Total Estimated Costs, the bonds applicable to such Improvements shall be increased by the difference.
5. TIME FOR COMPLETION. DEVELOPER shall substantially complete the Improvements prior to issuance of the 1,000th certificate of occupancy in the Project, as specified in the City’s East Area 1 Water Facilities Delivery – Tract 6001 letter, dated February 7, 2024 (“Letter”), attached hereto as Exhibit C and incorporated by this reference. Pursuant to the Letter, the Improvements will be deemed “substantially completed” when the Improvements are functional and can be utilized for potable water service. Pursuant to Section 7.2.1 of the Development Agreement, CITY must cooperate with Developer and take all actions necessary and appropriate to facilitate timely completion of the Improvements. CITY’s City Manager, in his/her reasonable discretion, may approve extensions of time upon submittal of a written request from DEVELOPER.
6. COMPLETION BY CITY. Should DEVELOPER fail to complete the Improvements within the time for completion in breach of the terms of this Agreement, CITY, at its option, may enter onto DEVELOPER’s property to complete the Improvements and satisfy Section 135
4 5, above, at DEVELOPER’s cost. This option is in addition to any other remedies available to CITY.
7. INSPECTION; CONSTRUCTION; FINAL ACCEPTANCE.
A. DEVELOPER will provide on-site construction management to supervise construction and ensure the Improvements are completed in accordance with the plans approved by the City Engineer. The DEVELOPER shall have responsibility to ensure that the construction is accomplished in accordance with the approved plans and specifications. The DEVELOPER’s construction manager shall submit timely requests for inspection by City and/or other required public agencies as needed throughout project construction.
B. The City Engineer shall have the right to inspect the construction of the Improvements to confirm that the construction is accomplished in accordance with the approved plans. City personnel shall have access to the construction at all reasonable times for the purpose of accomplishing such inspection.
C. After DEVELOPER’s contractor has completed the Improvements, provided a certification of operation readiness and water quality test, and prior to the state permit to connect to the City public drinking water system, DEVELOPER shall request a final inspection of such work, and the work shall be inspected, approved and accepted in strict compliance with the terms of Government Code section 66499.7.
D. No inspection or acceptance pertaining to specific parts of the Improvements shall be construed as final acceptance of any part until the overall final acceptance of the Improvements is made by the CITY in accordance with Government Code section 66499.7 and the Development Agreement. Final acceptance shall not constitute a waiver by CITY of defective work subsequently discovered.
E. DEVELOPER will contract with WREA, or equivalent qualified-level civil engineer as engineer of record to provide construction support services and provide certified as-built plans to the CITY prior to final acceptance of the Improvements.
F. Upon completion of the Improvements and final acceptance by the CITY, DEVELOPER shall promptly file a Notice of Completion with the City Clerk for recordation at the Ventura County Recorder’s Office.
8. CONTINUOUS WORK ON THE IMPROVEMENTS. DEVELOPER shall cause construction of the Improvements to be diligently pursued to completion, and shall not 136
5 abandon the work for a consecutive period or more than sixty (60) days, events of Force Majeure excepted.
9. WARRANTY OF IMPROVEMENT PLANS. DEVELOPER warrants that the plans and specifications for the Improvements shall conform to the Approvals (as the term is defined in the Development Agreement), together with all conditions made a part of such Approvals. Except as directed by CITY, DEVELOPER further warrants that the plans and specifications can be relied upon to accomplish the Improvement work covered by this Agreement in a good, workmanlike manner and in accordance with accepted construction practices. Should the plans and specifications at any time before final acceptance of the Improvements prove to be inadequate in any respect except to the extent said plans and specifications were directed by the CITY, DEVELOPER agrees to make such changes reasonably deemed necessary by CITY to complete the Improvements in a good, workmanlike manner and in accordance with accepted construction practices.
DEVELOPER further agrees to make or cause to be made such engineering, soils and other reports as may be required by CITY.
10.CITY NOT LIABLE FOR PLANS AND SPECIFICATIONS. CITY is not an insurer or surety for the design or construction of the Project. And CITY, its officers, officials, employees, agents, representatives, and certified volunteers are not liable or responsible for any claim arising during construction of the Project or Improvements, unless it can be shown that such person directed that the Project or Improvements be designed or constructed in a manner contrary to the wishes and desires of DEVELOPER, and DEVELOPER filed a written objection or equivalent notice with the City Engineer before commencing such work or Improvement.
11.WARRANTY OF WORK. DEVELOPER warrants that the Improvements will be constructed in conformance with the approved plans and specifications, CITY standards, and the highest industry standards. Should any Improvement fail to comply with this warranty or any other provision of this Agreement within one (1) year after CITY’s final acceptance, DEVELOPER shall, without delay and without cost to CITY, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements.
Should DEVELOPER fail to act promptly or in accordance with this requirement or should the exigencies of the case require repairs or replacements to be made before DEVELOPER can be notified, CITY will, at its option, make the necessary repairs, replacements, or reconstruction, as determined by CITY. DEVELOPER shall pay to CITY the actual cost of such repairs, replacements, or reconstruction plus CITY’s administrative costs. This section is not a waiver of any other right CITY may have for correcting faulty workmanship or defective materials.
12.REPAIRS AND REPLACEMENTS. DEVELOPER shall repair or replace, as reasonably determined by CITY, Improvements and monuments destroyed or damaged by DEVELOPER’s actions and to repair or replace, as reasonably determined by CITY, any property damaged or destroyed by DEVELOPER. Any such repair or replacement 137
6 shall be completed to CITY’s reasonable satisfaction and approval, and at no cost to CITY and not limited by any surety bond required in this Agreement.
13.CITY’S RIGHT OF ENTRY. DEVELOPER grants CITY right of entry to DEVELOPER’s property, to the extent applicable, to inspect the Improvements constructed by DEVELOPER and to ensure compliance with this Agreement.
14.CONTRACT SECURITY.
A. Concurrently with the execution of this Agreement, DEVELOPER shall furnish:
i. A surety bond in an amount equal to at least one hundred percent (100%) of the Total Estimated Costs as security for the faithful performance of this Agreement, in the amount of $7,950,767. ii. A separate surety bond in an amount equal to at least one hundred percent (100%) of the Estimated Hard Costs for said Improvements as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement.
B. The surety bonds in Subsection A. shall be paid and in effect until the earlier to occur of (i) CITY’s final acceptance of the Improvements and receipt of warranty bonds in accordance with the warranty required by Section 11 and 14, or (ii) receipt in CITY’s account of CFD bond sale proceeds from Harvest Community Facilities District No. 1 sufficient to fund the Improvements and designated for that purpose. Should another jurisdiction with authority over the Improvements project require security for the Improvements that are duplicative of the amounts set forth in this Agreement, the parties will cooperate in good faith to ensure that DEVELOPER is not required to incur the cost of bonding twice for the Improvements and to ensure that CITY and any other agency requiring bonding are adequately secured, such as adding one or more of the agencies as an obligee to the surety in an appropriate rider to the bonds furnished to the lead agency for the Improvements.
Additionally, pursuant to Government Code 66499.5, CITY acknowledges the Improvements contemplated herein are financed and installed pursuant to special assessment proceedings and, in accordance with Santa Paula Municipal Code § 16.80.950 and DEVELOPER’s satisfaction of same, agrees that, upon furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the DEVELOPER shall be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor.
C. CFD bond sale proceeds will be paid to DEVELOPER upon completion of 138
7 the Improvements by DEVELOPER and acquisition of the Improvements by CITY pursuant to this Agreement and the terms of the Funding, Construction and Acquisition Agreement for Harvest Community Facilities District No.1 dated as of March 1, 2017, as may be amended (“Acquisition Agreement”). In the event there are insufficient CFD bond proceeds, the CITY will not be responsible for reimbursing DEVELOPER for the Improvements, and pursuant to Section 15 of the Acquisition Agreement, the CITY is only required to reimburse DEVELOPER for those Public Facilities (as the term is defined in the Acquisition Agreement) which can be reimbursed with the total of the amount of available bond sale proceeds.
Nothing herein shall relieve DEVELOPER from its obligation to complete the Public Facilities pursuant to the terms of this Agreement and the Development Agreement.
D. In accordance with Section 14 of the Acquisition Agreement, the CITY will reduce the aggregate principal amount of the surety bonds by such amount as it determines is appropriate to allocate to the Improvements, upon receipt of the bond sale proceeds.
15.WARRANTY BONDS. Prior to CITY’s final acceptance of the Improvements, DEVELOPER shall file with the CITY a bond guaranteeing the warranty requirements of Section 11 in the amount of at least ten percent (10%) of the Total Estimated Costs. This warranty bond will be released one year after final acceptance of the Improvements, subject to CITY’s timely inspection of the Improvements and determination that the Improvements are free of defects. CITY’s final acceptance is contingent on DEVELOPER’s replacement of temporary power or rental generators, if any used, with permanent power sources necessary to operate the Improvements.
16.PERFORMANCE BY CITY OR SURETY.
A. Should DEVELOPER fail to construct the Improvements in the manner and at such locations as specified within the time requirements of this Agreement, or if DEVELOPER is not carrying out the intent of this Agreement, CITY may serve written notice upon DEVELOPER and the surety on DEVELOPER’s faithful performance bond demanding satisfactory compliance with this Agreement.
B. Should CITY serve such written notice, CITY may do any one, or combination of, the following:
i. Serve written notice upon the surety on its faithful performance bond demanding satisfactory compliance with this Agreement. In such event the surety must, within five (5) days, assume control and construct the Improvements as DEVELOPER’S successor;
139
8 ii. CITY may construct the Improvements itself, or by contract, at DEVELOPER’s expense on a time and materials basis. In such event, CITY may take possession of and utilize in completing the Improvements’ construction, materials, appliances, and other property belonging to DEVELOPER as may be on the site of the work without liability to CITY. DEVELOPER’s surety will be liable to CITY for any excess cost of damages incurred by CITY.
C. Nothing in this Section waives, or serves as a limitation upon, any additional remedy CITY may have under this Agreement or applicable law.
17.SURETY BOND TO INCLUDE LETTER OF CREDIT. The term “surety bond” also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. The term “surety” includes the issuer of any letter of credit or cash deposit agreement, which is acceptable to CITY as security for the performance of this Agreement. Sureties must be admitted to do business in the State of California.
18.BEST MANAGEMENT PRACTICES. DEVELOPER agrees to use best management practices (“BMPs”), as that term is defined under applicable law including, without limitation, the Santa Paula Municipal Code, in constructing the improvements anticipated by this Agreement. DEVELOPER’s failure to comply with the terms of this Section constitutes a material breach of this Agreement.
19.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports specific to the improvements identified herein prepared by DEVELOPER under this Agreement are CITY’s property. DEVELOPER may retain copies of said documents and materials as desired but must deliver all original materials to CITY upon CITY’s written notice.
20.INDEPENDENT CONTRACTOR. CITY and DEVELOPER agree that DEVELOPER will act as an independent contractor and will have control of all work and the manner in which it is performed. DEVELOPER will be free to contract for similar service to be performed for other employers while under contract with CITY. DEVELOPER is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct DEVELOPER as to the details of doing the work or to exercise a measure of control over the work means that SUBDIVIDER will follow the direction of CITY as to end results of the work only.
21.PREVAILING WAGES. Pursuant to Section 7.2.5 of the Development Agreement, DEVELOPER agrees, covenants, and warrants that the development of the Improvements shall comply with all applicable federal and state labor laws (including, without limitation, the requirement under California law to pay prevailing wages and hire 140
9 apprentices), and all obligations as set forth herein. CITY makes no representations concerning prevailing wages in compliance with California Labor Code Section 1770 et seq.
22.INDEMNIFICATION.
A. DEVELOPER indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, DEVELOPER must defend CITY (at CITY’s request and with counsel satisfactory to CITY) and indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C. The Parties agree that this section will remain in full force and effect until the Improvements have been formally accepted by CITY.
D. The requirements as to the types and limits of insurance coverage to be maintained by DEVELOPER, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by DEVELOPER pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
23.INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, Developer shall procure and maintain, and shall require its contractors and subcontractors to procure and maintain, the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial General Liability $5,000,000 Occurrence
(Bodily Injury, Personal Injury, and
Property Damage)
Commercial Automobile Liability $2,000,000 Per Accident 141
10 (Any Auto Hired and Non-Owned
Liability)
Worker’s Compensation Statutory
Employers Liability (Bodily Injury by $1,000,000 Each Accident Accident)
B. The amount of insurance set forth above will be a per occurrence for bodily injury, personal injury, and property damage for the policy coverage.
Liability policies must be endorsed to name CITY, its officers, officials, agents, employees and volunteers as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days’ prior written notice to CITY.
C. DEVELOPER must furnish and require its contractors and subcontractors to furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. DEVELOPER will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
24.NOTICES.
A. Unless expressly stated otherwise, all notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows:
If to the City
City of Santa Paula
Public Works Department
Attn: Public Works Director
P.O. Box 569
Santa Paula, CA 93061-0569
If to the Developer
142
11 Limoneira Lewis Community Builders LLC
c/o Lewis Management Corporation
Attn: David Lauletta
133 N. 10th Street
Santa Paula, CA 93060
B. When addressed in accordance with this Section, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
25.COMPLIANCE WITH LAW. DEVELOPER will comply with all laws applicable to this Agreement including, without limitation, federal, state, and local laws requiring permitting and licenses. All such compliance will be at DEVELOPER’s own cost.
26.FORCE MAJEURE. Developer's time for commencement and completion of the Improvements shall be extended for the period of any delay due to one more of the following circumstances beyond the control and without the fault of DEVELOPER (“Force Majeure”): adverse weather conditions; flood; earthquakes; strikes; lockouts; acts of God; enemy action; civil commotion; acts or failures to act of a public agency (including, without limitation, delay in the issuance of permits or approvals by governmental authorities that are required for the work); fire or other casualty; failure or inability to secure materials or labor; changes in local, state or federal laws or regulations; pandemics; epidemics; lack of financing due to generally applicable economic conditions affecting the capital markets generally; and strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of DEVELOPER, its contractors, and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. DEVELOPER shall be required to provide CITY with timely notice of the facts and circumstances constituting or giving rise to the Force Majeure event and to keep the CITY fully apprised with respect thereto. The parties shall meet as early as reasonably practicable, in no event later than one (1) month of the Force Majeure event, to discuss the event, agree on any additional actions to be taken by either party, and document the agreed length of delay caused by the Force Majeure event. The City Manager shall evaluate and approve or deny all claims to Force Majeure made by the DEVELOPER and the decision of the City Manager shall be the final determination of the City, subject only to judicial review.
27.CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.
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12 28.SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
29.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
30.WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.
31.GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in the County of Ventura.
32.AUTHORITY/MODIFICATION. This Agreement is subject to and conditioned upon approval and ratification by the Santa Paula City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY’s City Manager may execute any such amendment on behalf of CITY.
33.BINDING UPON SUCCESSORS. The terms of this Agreement constitute a burden and benefit upon the Property. Accordingly, this Agreement will be recorded and the terms will run with the Property and become binding upon DEVELOPER’s heirs, successors and assigns.
34.COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
144
13 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF SANTA PAULA,
a municipal corporation LIMONEIRA LEWIS COMMUNITY
BUILDERS, LLC,
a Delaware Limited Liability Company
Dan Singer, David Lauletta,
City Manager Authorized Agent
ATTEST:
Julie Latshaw,
City Clerk
APPROVED AS TO FORM:
Monica Castillo,
City Attorney
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65283.00302\42521356.2
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
1. 2,500 GPM Well pump and column pipe
2. Well head piping and valves
3. Removable well pump and auxiliary pump sunshades
4. Electrical panel sunshade
5. 3-2,000 GPM Iron and manganese filters with valves, fittings and appurtenances per LoPrest scope of supply
6. 120,000 Gallon useable backwash water tank
7. Sodium hypochlorite disinfection system
8. System piping, valves and auxiliary pumps
9. Concrete equipment pads/slabs, site paving
10.Signaling and control system/SCADA interface
11.Electrical panels, conduits, wiring
12.Emergency standby generator
13.Sewer line connection
14.Potable water line connection
15.Raw water line connection
16.Concrete ringwall and tank center column support (if required) for 120,000 gallon tank
17.Area drains
18.Site fine grading
19.Geotechnical Design Recommendation Report by Leighton, and Storm Water Quality Management Program (SWQMP) per separate Grading Plan and Permit (GP #17-0072)
20.All other equipment, materials, work, and installation to result in a complete operable system, whether or not expressly included in Exhibit B (Estimated Cost of Improvements)
146
65283.00302\42521356.1
EXHIBIT B
ESTIMATED COST OF IMPROVEMENTS
(Attached behind)
147
CITY OF SANTA PAULA
TRACT 5854
EA1 WELL 7 AND TREATMENT WORKS FOR WELL NO’S 7 AND 8
N:\Shared drives\Data\Projects\3000's\3044-East Area 1 West New Well\03 Documents\03 Cost Estimates\3044-Consolidated Prelim Cost Est_Well 7 Site and 7 & 8 Shrd Trtmntwrks_20240524.docx
PRELIMINARY ESTIMATE OF COSTS
05/24/2024
Item Description Qty. Unit Unit Cost Extended
Cost
1 Mobilization/Traffic Control/Erosion Control 1 JOB 100000.00 $100,000 Subtotal 1 $100,000
2 Well Pump and Appurtenances
a) Well pump; 2500 GPM to 370’ TDH
Goulds Model DWT-DITM 14RJHC-5
Stage
1 EA 105000.00 $105,000
b) Motor: 350 HP, US Motors, inverter duty 1 EA 50000.00 $50,000 c) 12” Steel collumn pipe, shaft and tubing 280 LF 285.00 $79,800 d) Installation 1 JOB 35000.00 $35,000
e) Start-up 1 JOB 3000.00 $3,000
Subtotal 2 $272,800
3 LoPrest Iron and Manganese Filter Tank and
Appurtenances per Scope of Supply, and
Proposal
a) 3-Tank system, each tank 2000 GPM
capacity, max 4000 GPM with
redundancy of 2000 GPM; Materials as
described in scope of supply. (Start-up
included)
3 EA 616700.00 $1,850,100
b) Installation 3 EA 150000.00 $450,000
Subtotal 3 2,300,100
4 Site Paving
a) 8” PCC 10,950 SF 25.00 $273,750
Subtotal 4 $273,750
5 Reinforced Concrete Foundations
a) Electrical Panel 3 YDS 1500.00 $4,500
b) Filter Tanks 210 YDS 1500.00 $315,000
c) Chlorine Enclosure 3 YDS 1500.00 $4,500
d) Genset 12 YDS 1500.00 $18,000
e) Tool Shed 4 YDS 1500.00 $6,000
f) Well Pump 4 YDS 1500.00 $6,000
g) Booster Pump 4 YDS 1500.00 $6,000
148
CITY OF SANTA PAULA
TRACT 5854
EA1 WELL 7 AND TREATMENT WORKS FOR WELL NO’S 7 AND 8
N:\Shared drives\Data\Projects\3000's\3044-East Area 1 West New Well\03 Documents\03 Cost Estimates\3044-Consolidated Prelim Cost Est_Well 7 Site and 7 & 8 Shrd Trtmntwrks_20240524.docx Item Description Qty. Unit Unit Cost Extended
Cost
Subtotal 5 $360,000
6 Chlorination Enclosure and Related
a) Fiberglass enclosure 1 EA 52250.00 $52,250
b) Water sample station 3 EA 4730.00 $14,190
c) Eyewash sink 1 EA 4620.00 $4,620
Subtotal 6 $71,060
7 Site Piping, Fittings and Valves
a) 4” Class 350 Ductile Iron Pipe 380 LF 105.00 $39,900 b) 6” Class 350 Ductile Iron Pipe 90 LF 150.00 $13,500
c) 12” Class 350 Ductile Iron Pipe 600 LF 190.00 $114,000 d) 14” Class 350 Ductile Iron Pipe 110 LF 220.00 $24,200 e) 16” Class 350 Ductile Iron Pipe 80 LF 250.00 $20,000 f) 2” Check valve 1 EA 1045.00 $1,045
g) 3” Check valve 1 EA 1320.00 $1,320
h) 12” Check valve 1 EA 10560.00 $10,560
i) 4” Adaptor 6 EA 500.00 $3,000
j) 4” 22° Reducer, FLG, DI 4 EA 511.50 $2,046
k) 4” 90° Elbow, FLG, DI 8 EA 539.00 $4,312
l) 6” Adaptor 2 EA 975.00 $1,950
m) 6” 45° Elbow, FLG, DI 2 EA 605.00 $1,210
n) 6” 90° Elbow, FLG, DI 2 EA 649.00 $1,298
o) 12” Adaptor 12 EA 2632.00 $31,584
p) 12” 22 ½° Elbow, FLG, DI 1 EA 1540.00 $1,540
q) 12” 45° Elbow, FLG, DI 8 EA 1650.00 $13,200
r) 12” 90° Elbow, FLG, DI 18 EA 1815.00 $32,670
s) 12” x 10” Reducing 90° Elbow, FLG, DI 1 EA 1870.00 $1,870 t) 16” Adaptor 6 EA 5625.00 $33,750
u) 16” 45° Elbow, FLG, DI 2 EA 2266.00 $4,532
v) 16” 90° Elbow, FLG, DI 8 EA 2475.00 $19,800
149
CITY OF SANTA PAULA
TRACT 5854
EA1 WELL 7 AND TREATMENT WORKS FOR WELL NO’S 7 AND 8
N:\Shared drives\Data\Projects\3000's\3044-East Area 1 West New Well\03 Documents\03 Cost Estimates\3044-Consolidated Prelim Cost Est_Well 7 Site and 7 & 8 Shrd Trtmntwrks_20240524.docx Item Description Qty. Unit Unit Cost Extended
Cost
w) 12” Fabricated Tee, FLG, Steel with 2”
Welded Half-Coupling Epoxy Lined and
Coated
1 EA 4500.00 $4,500
x) 16” x 12” Fabricated Tee, FLG, Steel,
Epoxy Lined and Coated
1 EA 7370.00 $7,370
y) 16” x 14” Reducer, FLG, DI 1 EA 2035.00 $2,035
z) 16” x 12” Reducer, FLG, DI 1 EA 1903.00 $1,903
aa) 10” Adaptor 1 EA 1525.00 $1,525
bb) 12” FLG Flex Coupling with Factory
Supplied Control Assembly
1 EA 5060.00 $5,060
cc) 12” Victaulic Coupling 1 EA 1650.00 $1,650
dd) 12” x 4” Tee, FLG, DI 1 EA 1826.00 $1,826
ee) 12” x 8” Tee, FLG, DI 1 EA 2024.00 $2,024
ff) 12” x 10” Tee, FLG, DI 1 EA 2288.00 $2,288
gg) 14” Adaptor 1 EA 3750.00 $3,750
hh) 12” x 10” Reducer, FLG, DI 2 EA 1188.00 $2,376
ii) 48” Square Precast Concrete Catch
Basin/Sump and Cover, 12’ depth +/-
2 EA 8360.00 $16,720
jj) 4” RW Gate Valve, FLG 6 EA 1650.00 $9,900
kk) 6” RW Gate Valve, FLG 4 EA 2200.00 $8,800
ll) 8” RW Gate Valve, FLG 1 EA 3300.00 $3,300
mm) 12” RW Gate Valve, FLG 8 EA 4950.00 $39,600
nn) 16” RW Gate Valve, FLG 3 EA 1980.00 $5,940
oo) 12” Flextend 1 EA 19000.00 $19,000
pp) 10” Flextend 1 EA 14000.00 $14,000
qq) STD Manhole and Cover, 5’ DIA, 12’
depth +/-
1 EA 7500.00 $7,500
rr) In Manhole Backwater Valve Installation 1 EA 40000.00 $40,000 Subtotal 7 $578,354
8 Specialty Valving
a) 8” Pressure Relief/Surge Antisipator
Valve
1 EA 20900.00 $20,900
b) 10” Deep Well Pump Control Valve 1 EA 35200.00 $35,200 c) 12” Solenoid/Rate of Flow Control Valve 1 EA 45000.00 $45,000 150
CITY OF SANTA PAULA
TRACT 5854
EA1 WELL 7 AND TREATMENT WORKS FOR WELL NO’S 7 AND 8
N:\Shared drives\Data\Projects\3000's\3044-East Area 1 West New Well\03 Documents\03 Cost Estimates\3044-Consolidated Prelim Cost Est_Well 7 Site and 7 & 8 Shrd Trtmntwrks_20240524.docx Item Description Qty. Unit Unit Cost Extended
Cost
Subtotal 8 $101,100
9 Sunshades/Electrical Cover/Canopies
a) Well pump cover/sunshade with
removable roof panels, 12’ x 16.5’
1 EA 26000.00 $26,000
b) Booster pump cover/sunshade with
removable roof panels, 10’ x 23’
1 EA 28000.00 $28,000
c) Electrical cover/sunshade/canopy 1 EA 19000.00 $19,000 Subtotal 9 $73,000
10 120,000 Usable Gallon Welded Steel Backwash
Tank with Knuckle
a) Engineering and ringwall foundation
construction
1 JOB 95000.00 $95,000
b) Tank erection 1 JOB 360000.00 $360,000
c) Internal/External coating 1 JOB 130000.00 $130,000
d) Cathodic protection system 1 JOB 40000.00 $40,000
e) Third party inspection services 1 JOB 25000.00 $25,000 Subtotal 10 $650,000
11 Electrical Panels, Conduits and Conductors
a) Materials and Installation 1 JOB 274600.00 $274,600
Subtotal 11 $274,600
12 Genset
a) 350 kW Unit including automatic transfer
switch
1 EA 136000.00 $136,000
b) Automatic transfer switch 1 EA 20000.00 $20,000
Subtotal 12 $156,000
13 SCADA System
a) Materials 1 LOT 90000.00 $90,000
b) Installation Labor 1 JOB 190000.00 $190,000
c) Integration 1 JOB 52000.00 $52,000
d) Radio Antenna 1 EA 20000.00 $20,000
Subtotal 13 $352,000
14 Painting and Coating
a) Above ground piping and appurtenances 1 JOB 100000.00 $100,000 151
152
65283.00302\42521356.1
EXHIBIT C
FEB. 7, 2024 WATER FACILITIES LETTER
(Attached behind)
153
February 7, 2024
David Lauletta
CITY OF SANTA PAULA
PUBLIC WORKS LAND DEVELOPMENT SERVICES
970 E. Ventura Street
Santa Paula, California 93060
Limoniera Lewis Community Builders
VIA EMAIL to [email protected]
Subject: East Area 1 Water Facilities Delivery - Tract 6001 Dear David,
This letter is to clarify and document the agreed schedule of delivery to the City of Santa Paula for water facilities and related improvements in East Area 1 and specifically as relates to the development and occupancy of Tract 6001. Tract 6001 is owned by Lewis Limoneira Community Builders and is currently approved for 554 housing units in the Harvest at Limoneira Specific Plan Area 11, also known as the Foothill Neighborhood.
The updated Water Master Plan dated December 23, 2023 for East Area 1 describes certain water facilities to service the 200 and 330 pressure zones in Tract 6001 . The major water facilities in addition to piping, equipment, and related improvements for water service to Tract 6001 include a three-million-gallon water tank (200 zone), Wells No. 6 and 7, two 756,000-gallon tanks (330 zone), and booster pump (connecting 200 zone to 330 zone nx is required for operation of the two 756,000-gallon tanks).
The following schedule of delivery milestones are mutually agreed upon for these major water improvements:
Major Water Facility Current Status Delivery Milestone
Three-million-gallon Not connected to the City Pipeline connection to be water tank (200 zone) water system. The tank and constructed in Limoneira Lane tank site are constructed. with Tract 6001 backbone
improvements and for
"substantial completion" prior to
1st occupancy for Tract 6001.
Well No. 6 Not connected to the City Pipeline connection via Autumn water system. The down Path Lane through Tract 5989
well, well head and well site existing water system to be are constructed . completed prior to 1st
occupancy for Tract 6001 .
Well No. 7 The down well is drilled and Shall be "Substantially completed" the well site and well head by the 1,oooth certificate of designs are nearing occupancy in the East Area 1
completion. Project1•
154
Major Water Facility Current Status Delivery Milestone
Two 756,000 gallon Tank site and tanks design Shall be "Substantially completed" tanks (Portion of 330 are nearing completion. by the 1,oooth certificate of zone) LLCB is considering occupancy in the East Area 1
reducing the size of the Project1 or prior to 1st occupancy tanks. City does not require in Tract 6001, whichever occurs oversizing. Water analysis first.
and design for Tract 6001
requires completion of 330-
zone for water supply.
Booster pump Design complete & Shall be "Substantially completed" (Portion of 330 Zone coordinating final approval. by the 1,oooth certificate of connecting to 200 Water analysis and design occupancy in the East Area 1 zone for delivery) for Tract 6001 requires Project1 or prior to 1st completion of 330-zone for occupancy in Tract 6001,
water supply. whichever occurs first.
1 Per East Area 1 First Amended Restated Development Agreement Section 3.2.l "Substantially completed" means the facilities are functional and can be utilized. Facilities do not have to be finally accepted by the City and can be on temporary power or rental generators to be in compliance with this delivery schedule.
This delivery schedule is intended to fully comply with all requirements set forth in the East Area 1 First Amended Restated Development Agreement, as amended, and the Tract 6001 project conditions of approval and shall not be construed to modify the terms or intent of said documents in any way.
Respectfully,
Saunier
Public Works Director
[email protected]
Cc: James Mason, Community & Economic Development Director Bob Woodward , City Engineer
Roxanne Hughes, Deputy City Engineer - Land Development Frank Almazan, Water Operations Superintendent
155
65283.00001\42614373.1
EXHIBIT B
WELL 8 OFFSITE IMPROVEMENT AGREEMENT
[Attached behind]
156
1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
No fee per Government Code § 6103
APNs 107-0-230-015, 107-0-220-025
HARVEST AT LIMONEIRA
OFFSITE IMPROVEMENT AGREEMENT
WELL NO. 8
THIS AGREEMENT (“Agreement”) is made and entered into this ___ day of ___________, 2024 (“Effective Date”), by and between the CITY OF SANTA PAULA, a general law city and municipal corporation (“CITY”) and LIMONEIRA LEWIS COMMUNITY BUILDERS, LLC, a Delaware Limited Liability Company (“DEVELOPER”).
Capitalized terms not otherwise defined in this Agreement will have the meanings attributed to them in the Development Agreement.
The Parties agree as follows:
1. RECITALS. This Agreement is made with reference to the following facts and objectives:
A. On or about February 26, 2015, the City and Limoneira Company entered into an Amended and Restated Development Agreement (“Original Development Agreement”) for developing the area commonly known as “East Area 1” for a mixed-use planned community (“Project”) on real property shown in Tract Map No. 5854 recorded in the Official Records of Ventura County (“Official Records”) on December 28, 2017, as Document No. 20171220-00164292-0 (“Property”).
B. The Original Development Agreement was recorded in the Official Records on April 27, 2015, as Document No. 20150427-00062760-0. On or about September 21, 2015, DEVELOPER became the successor in interest to the rights and obligations of Limoneira Company pertaining to the Original Development Agreement.
C. The Original Development Agreement was amended by the First Amendment to the Development Agreement, dated March 18, 2020 157
2 (“Amendment No. 1”), and by the Second Amendment to the Development Agreement, dated April 21, 2021 (“Amendment No. 2”), and the Third Amendment to the Development Agreement, dated March 23, 2024 (“Amendment No. 3”).
D. The Original Development Agreement has been further clarified and supplemented by Operating Memoranda Nos. 1 - 8 (collectively, the “Operating Memoranda”) on file with the City. The Original Development Agreement, as amended by Amendment Nos. 1, 2, and 3, and the Operating Memoranda are collectively referred to herein as the “Development Agreement.”
E. Pursuant to the Development Agreement, DEVELOPER must construct certain public improvements known as Well No. 8 (“Improvements”). The Improvements will be constructed in accordance with plans and specifications on file with CITY known as City Drawing No. 40.35.109 by DEVELOPER’s contractor Water Resource Engineering Associates (“WREA”) and generally described in the attached Exhibit A.
F. Section 7.1.2 of the Development Agreement requires DEVELOPER to provide improvement security for the Improvements to the extent they are not financed by a Financing Mechanism. The Acquisition Agreement defined in Section 14, below, together with the CFD No. 1 formation documents, is a Financing Mechanism.
G. Section 14 of the Acquisition Agreement provides that DEVELOPER must secure construction of the Improvements with a bond or other security, but that such bond amount must be reduced by amounts of CFD proceeds dedicated for the Improvements as the City “determine[s] is appropriate.”
2. CONSTRUCTION OF IMPROVEMENTS. At its sole cost and expense, DEVELOPER agrees to furnish all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary to complete the Improvements set forth in the approved plans and specifications and in conformance with the Approvals (as that term is defined in the Development Agreement), CITY standards, and federal and state requirements.
3. ESTIMATED COST OF IMPROVEMENTS.
A. The estimated hard costs of the Improvements is $1,958,400 inclusive of a 20% contingency (“Estimated Hard Costs”).
B. A copy of the Estimated Hard Costs is attached hereto as Exhibit B and incorporated by this reference.
C. The estimated soft costs to complete the Improvements include final 158
3 design, permits, future price inflation, construction management, project management, and inspections at an estimated cost of $163,200 (“Estimated Soft Costs”).
D. The combined total of Estimated Hard Costs and Estimated Soft Costs is $2,121,600 (hereafter, the “Total Estimated Costs”).
4. MODIFICATIONS TO TOTAL ESTIMATED COSTS.
A. The Estimated Hard Costs in Exhibit B shall not be increased by more than five percent (5%) without DEVELOPER delivering written notice to the City Engineer. If during the course of construction of the Improvements, DEVELOPER is presented with a change order or set of change orders that would increase the Estimated Hard Costs secured by a bond by more than 15%, DEVELOPER must receive the approval of City Engineer before approving the change order(s), which shall not be unreasonably withheld or conditioned, subject only to the City Engineer’s right to require, pursuant to Subsection B below, a corresponding increase in the amount of the bonds for such Improvements.
B. Should the Total Estimated Costs bonded for be inadequate to cover increased costs to complete the Improvements, the City Engineer may require, and Developer will comply with, an increase in the bond coverage to reflect the increased costs for constructing the Improvements to ensure adequate bonds are in place. To the extent such costs exceed the Total Estimated Costs, the bonds applicable to such Improvements shall be increased by the difference.
5. TIME FOR COMPLETION. DEVELOPER shall substantially complete the Improvements before issuance of the first certificate of occupancy within future Tract Map No. 6000 (Phase III – Santa Paula Creek Neighborhood). Improvements will be deemed completed when the Public Works Director, or designee, certifies that the Improvements have been substantially completed in accordance with all approved plans and legal requirements. Pursuant to Section 7.2.1 of the Development Agreement, CITY must cooperate with Developer and take all actions necessary and appropriate to facilitate timely completion of the Improvements. CITY’s City Manager, in his/her reasonable discretion, may approve extensions of time upon submittal of a written request from DEVELOPER.
6. COMPLETION BY CITY. Should DEVELOPER fail to complete the Improvements within the time for completion in breach of the terms of this Agreement, CITY, at its option, may enter onto DEVELOPER’s property to complete the Improvements and satisfy Section 5, above, at DEVELOPER’s cost. This option is in addition to any other remedies available to CITY.
159
4 7. INSPECTION; CONSTRUCTION; FINAL ACCEPTANCE.
A. DEVELOPER will provide on-site construction management to supervise construction and ensure the Improvements are completed in accordance with the plans approved by the City Engineer. The DEVELOPER shall have responsibility to ensure that the construction is accomplished in accordance with the approved plans and specifications. The DEVELOPER’s construction manager shall submit timely requests for inspection by City and/or other required public agencies as needed throughout project construction.
B. The City Engineer shall have the right to inspect the construction of the Improvements to confirm that the construction is accomplished in accordance with the approved plans. City personnel shall have access to the construction at all reasonable times for the purpose of accomplishing such inspection.
C. After DEVELOPER’s contractor has completed the Improvements, provide a certification of operation readiness and water quality test, and prior to a state permit to connect to the City public drinking water system, DEVELOPER shall request a final inspection of such work, and the work shall be inspected, approved and accepted in strict compliance with the terms of Government Code section 66499.7.
D. No inspection or acceptance pertaining to specific parts of the Improvements shall be construed as final acceptance of any part until the overall final acceptance of the Improvements is made by the CITY in accordance with Government Code section 66499.7 and the Development Agreement. Final acceptance shall not constitute a waiver by CITY of defective work subsequently discovered.
E. DEVELOPER will contract with WREA, or equivalent qualified level civil engineer as engineer of record to provide construction support services and provide certified as-built plans to the CITY prior to final acceptance of the Improvements.
F. Upon completion of the Improvements and final acceptance by the CITY, DEVELOPER shall promptly file a Notice of Completion with the City Clerk for recordation at the Ventura County Recorder’s Office.
8. CONTINUOUS WORK ON THE IMPROVEMENTS. DEVELOPER shall cause construction of the Improvements to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than sixty (60) days, events of Force Majeure excepted.
160
5 9. WARRANTY OF IMPROVEMENT PLANS. DEVELOPER warrants that the plans and specifications for the Improvements shall conform to the Approvals (as the term is defined in the Development Agreement), together with all conditions made a part of such Approvals. Except as directed by CITY, DEVELOPER further warrants that the plans and specifications can be relied upon to accomplish the Improvement work covered by this Agreement in a good, workmanlike manner and in accordance with accepted construction practices. Should the plans and specifications at any time before final acceptance of the Improvements prove to be inadequate in any respect except to the extent said plans and specifications were directed by the CITY, DEVELOPER agrees to make such changes reasonably deemed necessary by CITY to complete the Improvements in a good, workmanlike manner and in accordance with accepted construction practices.
DEVELOPER further agrees to make or cause to be made such engineering, soils and other reports as may be required by CITY.
10.CITY NOT LIABLE FOR PLANS AND SPECIFICATIONS. CITY is not an insurer or surety for the design or construction of the Project. And CITY, its officers, officials, employees, agents, representatives, and certified volunteers are not liable or responsible for any claim arising during construction of the Project or Improvements, unless it can be shown that such person directed that the Project or Improvements be designed or constructed in a manner contrary to the wishes and desires of DEVELOPER, and DEVELOPER filed a written objection or equivalent notice with the City Engineer before commencing such work or Improvement.
11.WARRANTY OF WORK. DEVELOPER warrants that the Improvements will be constructed in conformance with the approved plans and specifications, CITY standards, and the highest industry standards. Should any Improvement fail to comply with this warranty or any other provision of this Agreement within one (1) year after CITY’s final acceptance, DEVELOPER shall, without delay and without cost to CITY, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements.
Should DEVELOPER fail to act promptly or in accordance with this requirement or should the exigencies of the case require repairs or replacements to be made before DEVELOPER can be notified, CITY will, at its option, make the necessary repairs, replacements, or reconstruction, as determined by CITY. DEVELOPER shall pay to CITY the actual cost of such repairs, replacements, or reconstruction plus CITY’s administrative costs. This section is not a waiver of any other right CITY may have for correcting faulty workmanship or defective materials.
12.REPAIRS AND REPLACEMENTS. DEVELOPER shall repair or replace, as reasonably determined by CITY, Improvements and monuments destroyed or damaged by DEVELOPER’s actions and to repair or replace, as reasonably determined by CITY, any property damaged or destroyed by DEVELOPER. Any such repair or replacement shall be completed to CITY’s reasonable satisfaction and approval, and at no cost to CITY and not limited by any surety bond required in this Agreement. 161
6 13.CITY’S RIGHT OF ENTRY. DEVELOPER grants CITY right of entry to DEVELOPER’s property, to the extent applicable, to inspect the Improvements constructed by DEVELOPER and to ensure compliance with this Agreement.
14.CONTRACT SECURITY.
A. Upon City Council approval of the final map for Tract No. 6000, DEVELOPER shall furnish:
i. A surety bond in an amount equal to at least one hundred percent (100%) of the Total Estimated Costs as security for the faithful performance of this Agreement, in the amount of $2,121,600. ii. A separate surety bond in an amount equal to at least one hundred percent (100%) of the Estimated Hard Costs for said Improvements as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement.
B. The surety bonds in Subsection A. shall be paid and in effect until the earlier to occur of (i) CITY’s final acceptance of the Improvements and receipt of warranty bonds in accordance with the warranty required by Section 11 and 14, or (ii) receipt in CITY’s account of CFD bond sale proceeds from Harvest Community Facilities District No. 1 sufficient to fund the Improvements and designated for that purpose. Should another jurisdiction with authority over the Improvements project require security for the Improvements that are duplicative of the amounts set forth in this Agreement, the parties will cooperate in good faith to ensure that DEVELOPER is not required to incur the cost of bonding twice for the Improvements and to ensure that CITY and any other agency requiring bonding are adequately secured, such as adding one or more of the agencies as an obligee to the surety in an appropriate rider to the bonds furnished to the lead agency for the Improvements.
Additionally, pursuant to Government Code 66499.5, CITY acknowledges the Improvements contemplated herein are financed and installed pursuant to special assessment proceedings and, in accordance with Santa Paula Municipal Code § 16.80.950 and DEVELOPER’s satisfaction of same, agrees that, upon furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the DEVELOPER shall be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor.
C. CFD bond sale proceeds will be paid to DEVELOPER upon completion of the Improvements by DEVELOPER and acquisition of the Improvements by CITY pursuant to this Agreement and the terms of the Funding, Construction and Acquisition Agreement for Harvest Community Facilities 162
7 District No.1 dated as of March 1, 2017, as may be amended (“Acquisition Agreement”). In the event there are insufficient CFD bond proceeds, the CITY will not be responsible for reimbursing DEVELOPER for the Improvements, and pursuant to Section 15 of the Acquisition Agreement, the CITY is only required to reimburse DEVELOPER for those Public Facilities (as the term is defined in the Acquisition Agreement) which can be reimbursed with the total of the amount of available bond sale proceeds.
Nothing herein shall relieve DEVELOPER from its obligation to complete the Public Facilities pursuant to the terms of this Agreement and the Development Agreement.
D. In accordance with Section 14 of the Acquisition Agreement, the CITY will reduce the aggregate principal amount of the surety bonds by such amount as it determines is appropriate to allocate to the Improvements, upon receipt of the bond sale proceeds.
15.WARRANTY BONDS. Prior to CITY’s final acceptance of the Improvements, DEVELOPER shall file with the CITY a bond guaranteeing the warranty requirements of Section 11 in the amount of at least ten percent (10%) of the Total Estimated Costs. This warranty bond will be released one year after final acceptance of the Improvements, subject to CITY’s timely inspection of the Improvements and determination that the Improvements are free of defects.
16.PERFORMANCE BY CITY OR SURETY.
A. Should DEVELOPER fail to construct the Improvements in the manner and at such locations as specified within the time requirements of this Agreement, or if DEVELOPER is not carrying out the intent of this Agreement, CITY may serve written notice upon DEVELOPER and the surety on DEVELOPER’s faithful performance bond demanding satisfactory compliance with this Agreement.
B. Should CITY serve such written notice, CITY may do any one, or combination of, the following:
i. Serve written notice upon the surety on its faithful performance bond demanding satisfactory compliance with this Agreement. In such event the surety must, within five (5) days, assume control and construct the Improvements as DEVELOPER’S successor;
ii. CITY may construct the Improvements itself, or by contract, at DEVELOPER’s expense on a time and materials basis. In such event, CITY may take possession of and utilize in completing the Improvements’ construction, materials, appliances, and other 163
8 property belonging to DEVELOPER as may be on the site of the work without liability to CITY. DEVELOPER’s surety will be liable to CITY for any excess cost of damages incurred by CITY.
C. Nothing in this Section waives, or serves as a limitation upon, any additional remedy CITY may have under this Agreement or applicable law.
17.SURETY BOND TO INCLUDE LETTER OF CREDIT. The term “surety bond” also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. The term “surety” includes the issuer of any letter of credit or cash deposit agreement, which is acceptable to CITY as security for the performance of this Agreement. Sureties must be admitted to do business in the State of California.
18.BEST MANAGEMENT PRACTICES. DEVELOPER agrees to use best management practices (“BMPs”), as that term is defined under applicable law including, without limitation, the Santa Paula Municipal Code, in constructing the improvements anticipated by this Agreement. DEVELOPER’s failure to comply with the terms of this Section constitutes a material breach of this Agreement.
19.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports specific to the improvements identified herein prepared by DEVELOPER under this Agreement are CITY’s property. DEVELOPER may retain copies of said documents and materials as desired but must deliver all original materials to CITY upon CITY’s written notice.
20. INDEPENDENT CONTRACTOR. CITY and DEVELOPER agree that DEVELOPER will act as an independent contractor and will have control of all work and the manner in which it is performed. DEVELOPER will be free to contract for similar service to be performed for other employers while under contract with CITY. DEVELOPER is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct DEVELOPER as to the details of doing the work or to exercise a measure of control over the work means that SUBDIVIDER will follow the direction of CITY as to end results of the work only.
21.PREVAILING WAGES. Pursuant to Section 7.2.5 of the Development Agreement, DEVELOPER agrees, covenants, and warrants that the development of the Improvements shall comply with all applicable federal and state labor laws (including, without limitation, the requirement under California law to pay prevailing wages and hire apprentices), and all obligations as set forth herein. CITY makes no representations concerning prevailing wages in compliance with California Labor Code Section 1770 et seq.
164
9 22.INDEMNIFICATION.
A. DEVELOPER indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, DEVELOPER must defend CITY (at CITY’s request and with counsel satisfactory to CITY) and indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C. The Parties agree that this section will remain in full force and effect until the Improvements have been formally accepted by CITY.
D. The requirements as to the types and limits of insurance coverage to be maintained by DEVELOPER, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by DEVELOPER pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
23.INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, Developer shall procure and maintain, and shall require its contractors and subcontractors to procure and maintain, the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial General Liability $5,000,000 Occurrence
(Bodily Injury, Personal Injury, and
Property Damage)
Commercial Automobile Liability $2,000,000 Per Accident (Any Auto Hired and Non-Owned
Liability)
165
10 Worker’s Compensation Statutory
Employers Liability (Bodily Injury by $1,000,000 Each Accident Accident)
B. The amount of insurance set forth above will be a per occurrence for bodily injury, personal injury, and property damage for the policy coverage.
Liability policies must be endorsed to name CITY, its officers, officials, agents, employees and volunteers as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days’ prior written notice to CITY.
C. DEVELOPER must furnish and require its contractors and subcontractors to furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. DEVELOPER will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
24.NOTICES.
A. Unless expressly stated otherwise, all notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows:
If to the City
City of Santa Paula
Public Works Department
Attn: Clete J. Saunier, P.E., Public Works Director
P.O. Box 569
Santa Paula, CA 93061-0569
If to the Developer
Limoneira Lewis Community Builders LLC
c/o Lewis Management Corporation
166
11 Attn: David Lauletta
133 N. 10th Street
Santa Paula, CA 93060
B. When addressed in accordance with this Section, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
25.COMPLIANCE WITH LAW. DEVELOPER will comply with all laws applicable to this Agreement including, without limitation, federal, state, and local laws requiring permitting and licenses. All such compliance will be at DEVELOPER’s own cost.
26.FORCE MAJEURE. Developer's time for commencement and completion of the Improvements shall be extended for the period of any delay due to one more of the following circumstances beyond the control and without the fault of DEVELOPER (“Force Majeure”): adverse weather conditions; flood; earthquakes; strikes; lockouts; acts of God; enemy action; civil commotion; acts or failures to act of a public agency (including, without limitation, delay in the issuance of permits or approvals by governmental authorities that are required for the work); fire or other casualty; failure or inability to secure materials or labor; changes in local, state or federal laws or regulations; pandemics; epidemics; lack of financing due to generally applicable economic conditions affecting the capital markets generally; and strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of DEVELOPER, its contractors, and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. DEVELOPER shall be required to provide CITY with timely notice of the facts and circumstances constituting or giving rise to the Force Majeure event and to keep the CITY fully apprised with respect thereto. The parties shall meet as early as reasonably practicable, in no event later than one (1) month of the Force Majeure event, to discuss the event, agree on any additional actions to be taken by either party, and document the agreed length of delay caused by the Force Majeure event. The City Manager shall evaluate and approve or deny all claims to Force Majeure made by the DEVELOPER and the decision of the City Manager shall be the final determination of the City, subject only to judicial review.
27.CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.
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12 28.SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
29.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
30.WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.
31.GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in the County of Ventura.
32.AUTHORITY/MODIFICATION. This Agreement is subject to and conditioned upon approval and ratification by the Santa Paula City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY’s City Manager may execute any such amendment on behalf of CITY.
33.BINDING UPON SUCCESSORS. The terms of this Agreement constitute a burden and benefit upon the Property. Accordingly, this Agreement will be recorded and the terms will run with the Property and become binding upon DEVELOPER’s heirs, successors and assigns.
34.COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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13 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF SANTA PAULA,
a municipal corporation LIMONEIRA LEWIS COMMUNITY
BUILDERS, LLC,
a Delaware Limited Liability Company
Dan Singer, David Lauletta,
City Manager Authorized Agent
ATTEST:
Julie Latshaw,
City Clerk
APPROVED AS TO FORM:
Monica Castillo,
City Attorney
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65283.00302\42521178.3
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
1. 1,500 GPM Well pump and column pipe
2. Well head piping and valves
3. Removable well pump and auxiliary pump sunshades
4. Electrical panel sunshade
5. 90,000 Gallon useable backwash water tank
6. System piping, valves and auxiliary pumps
7. Concrete equipment pads/slabs, site paving
8. Signaling and control system/SCADA interface
9. Electrical panels, conduits, wiring
10.Emergency standby generator
11.Sewer line connection
12.Potable water line connection
13.Raw water line connection
14.Area drains
15.Site fine grading
16.8’ tall masonry screen wall
17.16’ access gate
18.Geotechnical Design Recommendation Report by Leighton, and Storm Water Quality Management Program (SWQMP) per separate Grading Plan and Permit (GP #17-0072).
19.All other equipment, materials, work, and installation to result in a complete operable system, whether or not expressly included in Exhibit B (Estimated Cost of Improvements).
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65283.00302\42521178.2
EXHIBIT B
ESTIMATED COST OF IMPROVEMENTS
(Attached behind)
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Harvest at Limoneira
Well 8 Site
N:\Shared drives\Data\Projects\3000's\3044-East Area 1 West New Well\03 Documents\03 Cost Es�mates\3044-Preliminary Cost Es�mate_Well 8 Site_20230927.docx
PRELIMINARY HARD COSTS ESTIMATE
8/14/2023, Rev. 9/27/2023
Item Description Unit Qty. Cost
1 Mobilization/Traffic Control/Demobilize JOB 1 $30,000 2 250 HP Well Pump, Collumn Pipe, Materials, Installation, Startup JOB 1 $250,000 3 Site Concrete: 8” PCC Paving and Individual Specific Foundations JOB 1 $176,000 4 Site Piping and Valving JOB 1 $264,000
5 Chlorination Building, Storage Tank, Pumps and Piping and Associated Equipment
JOB 1 $90,000
6 Electrical Cover and Sunshade with Removable Roof Hatch SET 1 $45,000 7 Electrical/Switchgear/Security, Genset JOB 1 $391,000 8 SCADA Instrumentation, Integration JOB 1 $271,000
9 BLACOH Bladder Surge Tank 500 G, 6” Inlet/Outlet JOB 1 $65,000 10 Painting and Coating Above Ground Piping and
Appurtenances
JOB 1 $25,000
11 Disinfection and Testing JOB 1 $25,000
Subtotal = $1,632,000
Contingencies @ 20% = $326,400
GRAND TOTAL = $1,958,400
Notes:
Several exclusions apply to this preliminary estimate, including (but not limited to):
1. Design and consultant fees, and permitting costs;
2. Improvements beyond modification of a water distribution system, and creation of a water yard;
3. System components added during final design and construction phase;
4. Sales tax.
Prepared by:
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To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: ENGEO PROFESSIONAL SERVICES AGREEMENT
Date: September 4, 2024
Agenda Item: 9.E
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council convene as the GHAD Board to:
1. Authorize the Chair to execute a One-Year Professional Services Agreement with ENGEO Incorporated to provide GHAD Manager services for the Santa Paula GHAD in a form approved by the City Attorney, in the amount of $39,969.00 for Fiscal Year 2024- 2025 based on the City’s approved two-year budget.
Prepared by: Andrew Sumanting, Administrative Analyst I BACKGROUND:
In 2008, the Santa Paula City council formed the Santa Paula Geologic Hazard Abatement District (GHAD). The members of the City Council convene as the GHAD Board to conduct business related to setting the annual assessment rate and approving related expenditures for maintaining and repairing the GHAD’s drainage, open space and geologic slope stabilization facilities.
ANALYSIS:
ENGEO Incorporated (ENGEO) has provided GHAD Management Services since 2014 to support the Santa Paula GHAD, with experience managing other GHADs throughout California. City staff requested ENGEO provide a proposal for professional GHAD Management Services in continual support of the technical and day-to-day operations of the Santa Paula GHAD. Additionally, on June 21, 2023, City Council approved a 2-year budget, which allocated $50,000 for Fiscal Year 2024-2025 for professional services for the Santa Paula GHAD. The proposed agreement will be retroactively effective from July 1, 2024 through June 30, 2025.
STRATEGIC PLAN:
This item is not a goal or objective in the City Council's two-year Strategic Plan. 173
FISCAL IMPACTS:
The Professional Services Agreement will be funded through the Santa Paula GHAD’s account, is consistent with the approved City Council budget for FY 2024-2025, and will not impact any other City of Santa Paula accounts.
Fiscal Impact for Fiscal Year 2024-2025 is detailed in Table 1 below and additional details are provided in the ENGEO proposal attached as Exhibit A to the Professional Services Agreement (Attachment 1). Work will be invoiced on an hourly time and materials basis. The proposal budget total shall not be exceeded for each fiscal year’s adopted budget without prior written authorization from the GHAD Board.
Table 1: Approved GHAD Budget vs. ENGEO Proposal for FY 24/25 Description Budget ENGEO PROPOSAL
Professional Services
503-5-5029-209
$50,000 $39,969
OPTIONS:
The Council has the following available alternative options to staff's recommendations:
1. Do not authorize the Chair to execute the Professional Services Agreement with ENGEO Incorporated at this time, but request staff to negotiate further with ENGEO Incorporated and return with a revised proposal. This action will result in a discontinuation of critically needed consultant services until a new agreement is approved.
2. Direct staff to pursue a new Request for Qualifications for professional services inviting other consultants to submit their qualifications for Board review and consideration at a future public meeting. This action will result in the same anticipated outcome as Option 1.
ATTACHMENTS:
Attachment 1 - ENGEO Professional Services Agreement.pdf 174
Attachment 1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE SANTA PAULA GEOLOGIC HAZARD
ABATEMENT DISTRICT AND ENGEO CORPORATION
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65283.00007\41515406.2
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES & COMPENSATION
Proposal for FY 2024/2025 dated July 10, 2024
attached behind
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27742 Hancock Parkway, Valencia, CA 91355 (661) 257-4004 Fax (888) 279-2698 www.engeo.com
Project No.
7290.002.024
July 10, 2024
Mr. Clete Saunier
Public Works Director
City of Santa Paula
P.O. Box 569
Santa Paula, CA 93061
Subject: Santa Paula GHAD
Santa Paula, California
PROPOSAL FOR GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
MANAGER SERVICES FOR FY 2024/2025
References: 1. ENGEO. 2008. Santa Paula Geologic Hazard Abatement District (GHAD) Plan of Control, Santa Paula, California. March 10, 2008, Revised May 23, 2008. Project No. 7290.200.101.
2. ENGEO. 2023. Santa Paula Geologic Hazard Abatement District, Program Budget for Fiscal Year 2024/25. May 16, 2024. Project No. 7290.002.023.
Dear Mr. Saunier:
Thank you for the opportunity to present our proposal to continue serving as the Santa Paula Geologic Hazard Abatement District (GHAD) Manager and to provide scheduled monitoring services. We have enjoyed working with the City of Santa Paula on the formation, management, oversight, monitoring, maintenance of the GHAD and attendance at HOA and public meetings, and transfer of the Ridgeview at Vista Glen (Ridgeview) development improvements within the Santa Paula GHAD.
On April 4, 2016, the Santa Paula GHAD Board of Directors (GHAD Board) approved Resolution No. 6974 accepting responsibility for GHAD-maintained improvements. The GHAD has been providing monitoring and maintenance services within the Ridgeview development since the acceptance of the GHAD-maintained improvements. On June 5, 2024, the above-referenced budget was approved by the GHAD Board with the adoption of Resolution No. 7519. The fees listed below are based on the Santa Paula GHAD budget for FY 2024/25, which was approved by the GHAD Board.
We propose to perform site reconnaissance twice a year and a heavy-rainfall reconnaissance event twice a year, as recommended in the Plan of Control (Reference 1). The monitoring events are intended to satisfy the requirements of the Plan of Control adopted by the GHAD Board. 204
City of Santa Paula 7290.002.024
Santa Paula GHAD July 10, 2024
PROPOSAL FOR GEOLOGIC HAZARD ABATEMENT DISTRICT Page 2
MANAGER SERVICES FOR FY 2024/2025
SCOPE OF SERVICES
Management
The GHAD Manager shall continue to be responsible for the day-to-day management of the Santa Paula GHAD in accordance with applicable state and federal statutes, the GHAD Plan of Control, and policies and guidelines adopted by the GHAD Board.
The GHAD may retain civil engineering and other consultants, contractors, and/or other vendors as may be required to evaluate, review, design, construct, or maintain GHAD facilities and improvements in accordance with the GHAD Plan of Control. We will secure these services on behalf of the GHAD in accordance with the GHAD Board’s procedures related to the awarding of contracts for GHAD repair, maintenance, and improvement projects, and for professional and support services. In addition, the GHAD Manager will facilitate payments to other consultants and contractors providing services to the GHAD.
Monitoring
The Plan of Control states that scheduled monitoring events should occur twice a year, in April and October. Prior to each monitoring event, areas of particular concern documented in previous reports, if any, and in the Plan of Control, will be identified for incorporation into the site inspection schedule. Some of the items that will be addressed during the monitoring events will include:
• Concrete-lined surface ditches
• Subsurface drain outlets and horizontally drilled drain outlets • Retaining walls, splash walls, and GEOBRUGG screen walls • Inlets, outfalls, and trash racks
• Underground detention basin and CDS water-quality treatment unit • Slopes and vegetative cover
Following our fieldwork, we will prepare a letter report summarizing the findings from our observations, which will contain photographs and a map of significant areas for documentation purposes. The letter report will be posted on the Santa Paula GHAD’s website (www.santapaulaghad.org). Depending on the findings of our site observations, the report may include recommendations for additional monitoring, exploration, or mitigation of observed problem areas.
The Plan of Control also states that monitoring events should occur, as necessary, during heavy rainfall years where cumulative rainfall exceeds historical averages. Heavy rainfall monitoring events will include inspection of the same items listed above.
FEES
We propose to provide GHAD management, consultation, contracting, oversight, and monitoring services for FY 2024/25 for the Santa Paula GHAD for a fee of $39,969, as itemized below. The fees are based on the inflation-adjusted estimates provided in the approved 2008 Engineer’s Report for the Santa Paula GHAD. The fee estimates allow for meetings and 205
City of Santa Paula 7290.002.024
Santa Paula GHAD July 10, 2024
PROPOSAL FOR GEOLOGIC HAZARD ABATEMENT DISTRICT Page 3
MANAGER SERVICES FOR FY 2024/2025
consultation with the City of Santa Paula, The Ridgeview at Vista Glen Homeowners Association, and the GHAD Board during this fiscal year. In addition, contracting and oversight for GHAD maintenance, repair, and emergency response will occur during FY 2024/25. • GHAD Manager Services .............................................................................................$4,900 • Meetings and Consultation...........................................................................................$2,350 • GHAD Contracting and Oversight Services ..................................................................$5,300 • Two Scheduled Monitoring Events ...............................................................................$9,600 • Two Heavy Rainfall Monitoring Events, as needed.......................................................$3,000 • GHAD Contractor Reimbursement…………………………………………………………$14,819 TOTAL $39,969
LIMITATIONS
ENGEO's liability for damage due to professional negligence, acts, errors, omissions, breach of contract and consequential damages will be limited by Client to an amount not to exceed an aggregate limit of one hundred thousand dollars or ENGEO’s fee, whichever is greater, regardless of the legal theory under which such liability is imposed.
AUTHORIZATION
If the proposed scope of services and fee are acceptable, please provide a change order to our contract as our authorization to proceed.
We are pleased to be of continued service to you on this project. If you have any questions, please do not hesitate to contact us.
Sincerely,
ENGEO Incorporated
Haley Ralston Uri Eliahu
Project Geologist President
hjr/ue/cb
Attachment: 2024 Preferred Client Fee Schedule
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GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAL/MARINE GEOTECHNICS
February 1, 2024 www.engeo.com
PREFERRED CLIENT FEE SCHEDULE
PROFESSIONAL SERVICES
Effective February 2024
President......................................................................................................................................$485.00 per hour Principal.......................................................................................................................................$390.00 per hour Associate .....................................................................................................................................$330.00 per hour Subject Matter Expert..................................................................................................................$425.00 per hour Senior...........................................................................................................................................$278.00 per hour Project..........................................................................................................................................$247.00 per hour Staff..............................................................................................................................................$216.00 per hour Assistant ......................................................................................................................................$173.00 per hour Construction Services Manager II ..............................................................................................$225.00 per hour* Construction Services Manager I ...............................................................................................$215.00 per hour* Senior Field Representative II ....................................................................................................$185.00 per hour*/** Senior Field Representative I .....................................................................................................$165.00 per hour*/** Field Representative ...................................................................................................................$153.00 per hour*/** Senior Laboratory Technician.....................................................................................................$185.00 per hour Laboratory Technician.................................................................................................................$165.00 per hour Senior GIS Developer .................................................................................................................$200.00 per hour GIS Developer.............................................................................................................................$190.00 per hour Senior GIS Analyst......................................................................................................................$195.00 per hour GIS Analyst..................................................................................................................................$180.00 per hour Senior CAD Specialist.................................................................................................................$180.00 per hour CAD Specialist.............................................................................................................................$170.00 per hour Network Administrator.................................................................................................................$260.00 per hour Project Assistant..........................................................................................................................$150.00 per hour * Two-hour minimum portal to portal and cancellations within 24 hours. * OVERTIME RATES: Rates increased by factor of 1.5 for all hours worked in excess of eight (8) Monday through Friday, and the first eight (8) hours worked on Saturday. Rates increased by factor of 2.0 for all hours worked in excess of twelve (12) Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours worked on Sunday and holidays. ** For Prevailing Wage projects, increase the hourly rate by $21. ** Rates increased by factor of 1.25 for night shift hours (hours commencing after 4:00 p.m. or before 4:00 a.m.); rates increased by factor of 1.875 (an additional factor of 1.5) for all night shift hours in excess of eight (8); rates increased by factor 2.5 for all night shift hours worked in excess of twelve (12).
ADDITIONAL SERVICES OFFERED
In addition to our core services of geotechnical, hydrologic and environmental engineering, including construction-phase testing and observation, ENGEO provides clients with services for establishment and management of Geologic Hazard Abatement Districts (GHAD) and for Entitlement and Permitting Support (EPS). For more information about these services and associated pricing, please contact ENGEO at (925) 866-9000.
OTHER FEES
• Equipment and materials will be charged in addition to the above hourly rates. • Outside Consultants, Subcontracted Services and Equipment Rental ...................................................................................Cost plus 25% • Expert Witness, Deposition, Mediation, Arbitration, or Court Appearance (Minimum Charge)..........$2,800.00 half day, $4,800.00 full day TERMS
Invoices will be submitted at completion of work or at approximately four week intervals and are due and payable upon receipt. Statements will be issued at monthly intervals. Charges not paid within 30 days of invoice date will accrue a late charge at a rate of 1.5 percent per month. In the event it becomes necessary to commence suit to collect amount due, Client agrees to pay attorney's fees and costs, as the court may deem reasonable until amount is paid. Fees will be applicable for one year from the effective date above; thereafter, fees will be adjusted annually. Our fees will be billed using an invoice format produced by a standardized accounting software package. A more customized itemization of charges and backup data will be provided upon Client’s requests, but at additional fees. Final reports may be withheld until outstanding invoices are paid in full.
Many risks potentially affect ENGEO by virtue of entering into this agreement to perform services on behalf of client. A principal risk is the potential for human error by ENGEO. For client to obtain the benefit of a fee that includes a nominal allowance for dealing with our liability, client agree to limit ENGEO’s liability to Client and all other parties for claims arising out of our performance of the services described in the agreement. The aggregate liability will not exceed $50,000 (or ENGEO’s fee, whichever is greater, but not more than $1,000,000) for professional acts, errors, or omissions, including attorney’s fees and costs that may be awarded to the prevailing party and client agrees to indemnify and hold harmless ENGEO from and against all liabilities in excess of the monetary limit established above. 207
EQUIPMENT AND MATERIALS CHARGES
February 1, 2024 www.engeo.com
DESCRIPTION COST PER UNIT ($) UNIT
Air Content Meter 7.00 hour
Bailers (Disposable) 10.00 each
Coatings Thickness Kit (eg. Fireproofing, Protective Paint) 30.00 hour Concrete Crack Monitor 20.00 each
Coring Machine 30.00 hour
Double-Ring Infiltrometer 50.00 hour
Electronic Water Level Indicator 5.00 hour
Engineering Analysis Software 49.00 hour
Equipment Transport(er) 100.00 hour
Exploration Equipment (Electric Auger) 50.00 hour
Floor Flatness/Floor Level Equipment 40.00 hour
Generator 15.00 hour
GIS Website Portal Subscriptions 50.00 month
GPS Handheld Device 10.00 hour
GPR/GPS/Drone Survey Equipment 228.00 hour
Hand Auger and Soil Sampler 15.00 hour
Hydraulic Pull-Test Equipment 25.00 hour
Interface Probe 2.00 hour
Magnetic Particle Test Equipment 25.00 hour
Moisture Content Test Equipment 6.00 hour
Multi-Parameter Water Meter 15.00 hour
pH Meter/Turbidity Meter 10.00 hour
Photo Ionization Detector 20.00 hour
Reinforcing Bar Locator 100.00 hour
Sampling Tubes 10.00 each
Sand Cone Equipment and Material 5.00 hour
Schmidt Hammer 20.00 hour
Seisometer 50.00 hour
Skidmore Wilhelm Bolt Tension Calib. 40.00 hour
Slope Inclinometer/Settlement Indicator/VW Readout 50.00 hour Torque Wrench 15.00 hour
Transfer Pump 3.00 hour
Ultrasonic Equipment 50.00 hour
Vapor Emission Test Kit 40.00 kit
Vector Conversion 60.00 conversion
Vehicle, nuclear gauge, equipment, wireless communication. *Add $5.00/hr. for RTK enabled autotesting equipment. 35.00* hour Vehicle, equipment, wireless communication 25.00 hour
Vibration Monitor 1800.00 month
Water Sampling Pumps 20.00 hour
Bridge Toll actual actual
Mileage .98 mile
Parking actual actual
AutoCAD, Civil 3D, GIS, Drone Data Processing 35.00 hour Photocopies Black & White 0.25 each
Photocopies Color 11 x 17 1.50 each
Photocopies Color 8½ x 11 1.00 each
Plot - Black & White 3.00 square foot
Plot - Color 4.00 square foot
Postage actual actual
Scan - Black & White 1.50 each
Scan - Color 3.75 each
Telephone 0.50 minute
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EXHIBIT "B"
ORIGINAL AGREEMENT
65283.00007\41515406.2
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT 209
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To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1 IN CONJUNCTION WITH SOUTHERN CALIFORNIA EDISON 'RULE 20A'
PROGRAM
Date: September 4, 2024
Agenda Item: 10.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Conduct a public hearing to consider adoption of Resolution No. 7532 establishing Underground Utility District No. 1 in conjunction with the Southern California Edison “Rule 20A” program.
Prepared by: Tatiana Arnaout, Deputy City Engineer, m6 Consulting, Inc.
BACKGROUND:
Southern California Edison (SCE) has looked to counties and cities it serves to prioritize the undergrounding of public utility facilities according to the rules of the State of California Public Utilities Commission (CPUC). The Tariff Rule 20A, Replacement of Overhead with Underground Electric Facilities (Rule 20A) Program funds the undergrounding of overhead power lines and was originally created to address the aesthetic impacts of the power lines.
Local projects are completed through ratepayer-funded work credits that are allocated to communities based on the number of meters in that jurisdiction.
Pursuant to the Rule 20A Program, allocated work credits not committed to a qualifying project in a given year were permitted to be accrued until an agency had enough funding to complete a project. The City's current credit balance is approximately $1,109,596. In June 2021, the CPUC made significant changes to the Rule 20 program which stated cities will no longer be receiving work credits through the program after Dec. 31, 2022. In addition, cities were no longer able to sell or borrow Rule 20A work credits with other agencies.
ANALYSIS:
On August 2, 2023, the City was informed by SCE that, “Should the city/county be interested in pursuing a new Rule 20A project, the city/county would need to approve a Resolution forming an Underground Utility District (UUD) before April 30, 2025”. Due to the limited amount of undergrounding that could be done with the available Rule 20A credits, on April 17, 2024 228
City staff presented two options for establishment of an underground utility district. These were at Telegraph Road between Santa Paula Creek Bridge and Hallock Drive and 10 th Street
Crossings at 5 Locations. The outcome of the discussion lead to a strong preference for pursuing a UDD along 10
th Street at five (5) locations as shown in Attachment 1. 10th Street (State Route 150) serves as both a gateway to the City’s historic downtown district, as well as a transit corridor connecting State Route 126 to destinations north of the City, including Ojai and Thomas Aquinas College. The underground conversion of existing overhead conductors at the locations along 10th Street would significantly improve the aesthetics of the 10th Street corridor for City destination-oriented traffic and commuters alike.
This project would face challenges in the undergrounding of these locations due to a combination of factors including limited right-of-way, non-contiguous SCE systems, and potential limitations in applying funding within non-City property (Caltrans). The underground conversion would require the installation of existing overhead conductors (SCE, telecom, cable) in underground duct systems that would traverse Caltrans right of way, which may create added challenges. Additionally, it is anticipated that in early 2025, Caltrans will be completing a comprehensive rehabilitation project including paving, sidewalk, curb and gutter and other improvements for these portions of 10th Street (SR150). Trenching for conduits and related work necessary for undergrounding of overhead conductors, as well as excavations for underground transformer vaults may be restricted due to moratorium considerations until approximately 2030.
The program requires that a formal UDD be created by Council resolution following an appropriately noticed public hearing in order to provide specificity as to location of the proposed underground conversion. This public hearing was properly noticed in the Santa Paula Times on August 21, 2024 (Attachment 3). The formation of the UUD is necessary to meet the Rule 20A requirements and it will not affect adjacent property owners as the created District is not a special assessment district. There will be no monetary assessments, taxes or other financial impacts to residents within the UUD.
After a preliminary evaluation of the area was completed by SCE, it was estimated that the five (5) locations along 10
th Street may be undergrounded, provided the known challenges and constraints could be addressed during the design phase.
If approved, project design and construction would be overseen by SCE, with the City only being required to provide inspection services for related pavement repairs.
STRATEGIC PLAN:
The Project supports the currently adopted Strategic Plan in achieving the following goals:
Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.
FISCAL IMPACTS:
At this time, there are no fiscal impacts associated with this item, as the cost for the underground conversion of existing overhead conductors at the 5 locations along 10 th Street is
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unknown. Once the resolution establishing the UUD at these locations is approved, SCE will begin its process to develop a Rough Order of Magnitude (ROM) cost estimate for the project.
Staff will return to Council once the ROM is provided by SCE to present its findings and request direction from Council before proceeding further.
OPTIONS:
The Council has the following available alternative options to staff’s recommendations:
1. Provide a different project location for establishing an Underground Utility District.
2. Do not approve any Underground Utility District, which would result in the loss of the Rule 20A credits.
ATTACHMENTS:
Attachment 1 - UUD Rule 20A Location Map.pdf
Attachment 2 - Resolution 7532 - Rule 20A UDD
Attachment 3 - August 21, 2024 Public Notice.pdf
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ATTACHMENT 1
UUD Rule 20A Location Map
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APPROX. LIMIT OF UUD
E H A R V A R D B L V D N 1 0 T H S T R E E T
E V E N T U R A S T
E M A I N S T
E S A N T A B A R B A R A S T
E S A N T A P A U L A S T S M I L L S T R E E T N M I L L S T R E E T S O J A I S T R E E T N O J A I S T R E E T CROSSING 1 CROSSING 2 CROSSING 4 CROSSING 3 CROSSING 5 RULE 20A - UUD LOCATIONS CITY OF SANTA PAULA SEPTEMBER 4, 2024 N 10TH STREET 1" = 200' - 1 in = ft 200 0 100 200 SHEET 1 OF 1 EXHIBIT A 232
65283.00001\42618250.2
RESOLUTION NO. 7532
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1 IN CONJUNCTION WITH THE SOUTHERN CALIFORNIA EDISON “RULE 20A” PROGRAM
The City Council of the City of Santa Paula does resolve as follows:
SECTION 1: The proposed project relates to the replacement and reconstruction of existing utility systems described in “Class 2” of the categorical exemptions under the State CEQA Guidelines and is therefore exempt from the requirement for preparation of environmental documents.
SECTION 2: The public necessity, health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated services within the area hereafter designated, and the underground utility district herein created is in the general public interest. The undergrounding of public utilities serves the public interest for the following reasons:
A. The undergrounding to be accomplished adjoins and passes through a traveled public right-of-way area which also will be an area of scenic interest to the general public;
B. The removal of the Overhead Facilities and installation of the Underground Facilities will avoid or eliminate an unusually heavy concentration of overhead transmission facilities; and
C. The affected streets are extensively used by the general public and carry a substantial volume of pedestrian and vehicular traffic.
SECTION 3: Affected property owners must be ready to receive underground utility service by 12/31/2028, which date may be later depending on factors beyond the City’s control.
SECTION 4: The City will use Rule 20A work credits to cover the installation of service laterals and any panel conversion work on affected private properties.
SECTION 5: Pursuant to Section 53.04 of the Santa Paula Municipal Code, the hereinafter described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 1 of the City of Santa Paula, California. 233
65283.00001\42618250.2
Attached hereto, marked Exhibit “A” and incorporated herein as part of this Resolution, is a map delineating the boundaries of said Underground Utility District No. 1.
SECTION 6: The City Council herby orders that all poles, overhead wires and associated overhead utility structures shall be removed and underground installations made in said Underground Utility District No. 1.
SECTION 7: In accordance with the provisions of Section 53.07 of the City’s Code, the City Clerk shall, within ten (10) days after the adoption of this resolution, mail a copy hereof to affected property owners as such are shown on the last equalized roll and to the affected utilities.
PASSED AND ADOPTED this ___________ day of September, 2024.
Leslie Cornejo, Mayor
ATTEST:
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
Monica Castillo, City Attorney
234
65283.00001\42618250.2
EXHIBIT A
District Boundary Map
[Attached behind]
235
APPROX. LIMIT OF UUD
E H A R V A R D B L V D N 1 0 T H S T R E E T
E V E N T U R A S T
E M A I N S T
E S A N T A B A R B A R A S T
E S A N T A P A U L A S T S M I L L S T R E E T N M I L L S T R E E T S O J A I S T R E E T N O J A I S T R E E T CROSSING 1 CROSSING 2 CROSSING 4 CROSSING 3 CROSSING 5 RULE 20A - UUD LOCATIONS CITY OF SANTA PAULA SEPTEMBER 4, 2024 N 10TH STREET 1" = 200' - 1 in = ft 200 0 100 200 SHEET 1 OF 1 EXHIBIT A 236
ATTACHMENT 3
Santa Paula Times August 21, 2024 Public Notice
237
CITY OF SANTA PAULA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held, as provided by law, before the Santa Paula City Council on WEDNESDAY, SEPTEMBER 4, 2024 AT 6:30 P.M., or as soon thereafter as possible, in the Santa Paula City Council Chambers at 970 Ventura Street, regarding the proposed project as stated below:
SUBJECT:
Rule 20A Utility Undergrounding District. The City Council will consider adopting a resolution to establish a utility undergrounding district along 10th Street to pursue a Rule 20A utility undergrounding project at that location.
Where You Come In:
At any time, not later than the aforesaid hour set for the hearing, any person or organization may file a written statement to the City Clerk of the City or email [email protected], of his or her opinions with respect to the Rule 20A Undergrounding District. Any person or organization desiring to be heard will be given an opportunity to do so. If you have questions regarding this hearing, the Rule 20A Undergrounding District, or any other matter, you may call the City offices at (805) 933-4201.
For More Information:
If you have any questions or would like more information regarding the item(s) described in this notice, please contact: the Public Works Department by telephone at (805) 933-4212 or send an e-mail to [email protected]
The City Council may also discuss other hearings or items of business at this meeting. The complete meeting agenda and copy of the staff report on the above item will be posted on the City website at www.spcity.org. Live broadcasts of City Council meetings may be seen on the local cable television Channel 10, or view the live feed on the city website at www.spcity.org. City Council meetings are rebroadcast throughout the week.
If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described in this notice, or in written correspondence delivered to the City at, or prior to, the Public Hearing (Govt. Code Sec 65009).
CLETE SAUNIER
PUBLIC WORKS DIRECTOR
TO BE PUBLISHED IN THE SANTA PAULA TIMES ON WEDNESDAY, AUGUST 21, 2024 238
To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Deputy City Manager
Subject: 2023-2025 CITY COUNCIL STRATEGIC PLAN PROGRESS REPORT Date: September 4, 2024
Agenda Item: 11.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends City Council:
1. Receive a presentation and file a progress report on the Council's Strategic Plan; and
2. Direct staff to take additional or related action that may be desirable.
Presented by: Jonathan Royas, Deputy City Manager
BACKGROUND:
On June 21, 2023, City Council adopted a new 2-Year Strategic Plan after a thorough and extensive process which included feedback and input from City Council, executive staff and the public via several public workshops. The purpose of this endeavor was to identify community challenges and develop a timeline to solve these opportunities as defined by the Council and City staff.
The 2023-2025 Strategic Plan (the "Plan") contains the following seven categories with goals:
A. Arts, Culture, and Entertainment
Goal: Become a regional leader of the arts, culture, and entertainment that accurately represents our history and core values.
B. Economic Development
Goal: Enhance the economic vitality of the community through measures targeted towards development and business retention and expansion and attraction, resulting in diverse housing options, increased revenue generation, job creation, and a businessfriendly community.
C. Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City's infrastructure to be safe, sustainable, innovative, 239
and cost-efficient.
D. Connected and Healthy Community
Goal: Educate and engage residents and businesses about programs, initiatives and foster regional partnerships that create a safe and healthy community to live, work and thrive.
E. Public Safety & Emergency Preparedness
Goal: Create an environment within the City in which our residents feel safe and which promotes the City as a location of choice for living, working, visiting and recreating.
F. Community Vitality
Goal: Provide the residents of Santa Paula with sustainable resources and programs to make this a great place to live and grow.
G. Operational Excellence
Goal: Provide excellent service to the community in a cost-effective manner with an engaged workforce with a focus on continuous improvement and outstanding customer service.
Within these seven categories are 52 objectives, some of which overlap between different strategic plan categories.
ANALYSIS:
The 2023-2025 City Council Strategic Plan Progress Report (Exhibit A - City Council Strategic Plan Progress Report) identifies progress made in the past year towards the seven overarching categories and the 52 objectives contained within.
Milestone Metrics
Each objective within the Plan contains defined metrics which are used to gauge staffs efforts towards completion of the objectives. As notated in Exhibit A, the "Milestone" column assists Council and the public in tracking the progress of each objective. A key is provided below and also displayed on the top of Exhibit A.
0 - No progress
1 - Discussed but no action taken (staff not actively working on) 2 - Planned/Scheduled - Quarter or Year of Expected Completion 3 - On Track - Quarter or Year of Expected Completion
4 - Near Completion - Quarter or Year of Expected Completion 5 - Completed
240
Despite unprecedented events last year, staffing changes and new initiatives which have required additional staff time this year, staff has completed 13 objectives and made progress on 33 objectives, with notable success in the following areas:
Completed Strategic Plan Objectives
B. Economic Development
Objective #1 - Revenue Opportunities - Actively pursue revenue opportunities to increase the City's revenue base.
Complete - On June 28, 2024, Council unanimously moved forward with placing a 1 cent sales tax measure on the November 2024 Ballot. If passed by the residents, a significant portion of the revenue will be utilized for improving and maintaining City streets.
Objective #2 - Business Communications - Business Communications - Create a positive business environment by increasing communications and partnerships with new and existing businesses.
Complete and ongoing - 1. 2024 - four Business Roundtables with 2 remaining; 2. 30+ per event; 4. Workshops with WEV, EDC, & SCORE and an ADA workshop. 5. Fellow has explored two Digital Email Marketing & Automation Software's, Mail Chip and Constant Contact. Additionally explored 5 other software's. CRM software actively in use. Started a new program, Business Connect, which is focused on engaging our current business owners and meeting in person with them to access opportunities for growth, expansion and policy improvements.
C. Infrastructure, Transportation & Mobility
Objective #5 - P&R Funding - Explore revenue options for parks, greenways and public spaces including funding for park and recreation facilities and programs. (General Plan PSU 6.7)
Complete for the time being - In 2023, staff conducted a study session with Council on exploring revenue options which included Landscape and Lighting Districts and Park Maintenance Districts amongst other options. Based on feedback from Council, staff moved forward in exploring higher priority revenue options.
D. Connected & Healthy Community
Objective #1 - Community Education - Provide community education about City projects, processes, & permits.
Complete & Ongoing; Staff will continue to work with the Chamber of Commerce to produce the "Did You Know" community education video series. Additionally, staff will continue to engage residents through various community programs and events (Future Leaders Academy, Business Roundtables, PBID, ADA Workshop, CERT, etc.) and forums to provide education about projects and processes. Upcoming community engagement events include youth facility workshops, Senior Master Plan workshops, Bike Trail Extension workshops, Fagan Barranca Park workshops. 241
Objective #2 - CRM Database - Explore options for CRM database to enhance communications with residents.
Complete & Ongoing. #1 - Research options were concluded. #2 - Council approved an ARPA budget allocation to purchase Constant Contact CRM software and the system is now in use with several distribution lists established. Official rollout will occur during website refresh launch.
Objective #5 - Citywide Communications - Analyze the effectiveness of the City's current communication efforts and provide suggestions for improvements.
Complete & Ongoing - #1 - Established an ad hoc communications committee which has provided input from residents on how to improve communications practices. Feedback included use of a CRM system which has been established. #2 and #3 - Staff continues to work with consultant to obtain monthly and quarterly feedback on communications related issues. #4 - Technology applications have been explored but budget and staff resource allocation need to be accessed prior to moving forward.
E. Public Safety & Emergency Preparedness
Objective #6 - SPPD Wellness - Expand wellness options for employees such as peer support counseling services, and mindfulness and resiliency training.
A 3-person peer support team was established in 2023 and has been deployed on a few occasions. Peer Support Team has attended several trainings in peer support, mindfulness, and resiliency. Therapy Dogs have visited the PD on two occasions and a monthly wellness newsletter for all PD employees is provided. The City is also utilizing a public safety wellness grant of $25,000 which is being used for enhanced training and counseling support.
Objective #8 - Emergency Communications - Explore technology and increase subscribership with emergency communications to enhance disaster-preparedness efforts.
Complete & Ongoing - 1. Staff continues to see increases in VC Alert and Nixle Subscribers. 2. Research concluded that the VCAlert system is the most effective means of communicating with residents during an event. In addition, all social media platforms are utilized to communicate incidents and increase subscribership to city/government trusted technology platforms.
F. Community Vitality
Objective #1 - Volunteerism - Expand, support and connect volunteers, or those with specialized skills, with local opportunities to make a difference in Santa Paula.
Complete & Ongoing - Staff has continued to host SP Beautiful Days with one in April 2024 and an upcoming one on October 12th, 2024. Hosted 2 volunteer appreciation events: (Dec 2023) Senior Center Volunteers as they do majority of year-round volunteer work and a volunteer appreciation dinner in May 2024 of all volunteers in the city, including sports, senior center and more. Software is up and running with over 200 volunteers in the system.
Staff continually works to recruit new volunteers and is working on tracking 242
volunteer hours.
Objective #2 - Internships - Expand and enhance a Citywide Internship and Apprentice Program.
Complete & Ongoing - First YARA cohort is complete; Graduation is Sept 21, 2024; 2nd cohort will begin in Feb 2025. Additionally, staff is working with Goodwill Industries to possibly expand internship opportunities.
Objective #6 - Wi-Fi - Improve Wi-Fi signal at the Community Center & Cultural Arts Building.
Complete. Tests and feedback were conducted in 2023 and 2024 in both the Community Center and Cultural Arts Building after enhancements and upgrades were made and there have been no reported issues with the Wi-Fi.
G. Operational Excellence
Objective # 7 - Wellness Options - Expand Employee Wellness options.
Complete & Ongoing - Wellness options are in place, such as the new Wellness & Fitness Benefit, and employee health events and trainings through the Lunch & Learn series continue to expand employee wellness options. Staff will continue to work with Human Resources to identify additional options.
Objective #8 - Housing/Homeless Position - Explore opportunities to establish a Housing/Homeless Services position who will pursue partnerships and options to understand, address, and meet the needs of the unhoused, including behavioral support.
Complete & Ongoing - #2, #3 and #5 complete. #1 - Strategies to address the variety of homeless and housing needs are being explored in collaboration with Spirit of Santa Paula, Ventura County and several nonprofit housing and service providers. #4 - Staff is seeking to utilize an expanded Affordable Housing Task force to serve as a Homeless and Housing task force. #5 Purchase of property for transitional housing complete.
In addition to these completed objectives, staff has made notable progress on the following items as identified in Exhibit A:
A. Arts, Culture and Entertainment
Objective #1 - Public Arts/Murals - Support public art and the mural program and pursue methods to increase funding. (General Plan EDD 4.c) Objective #2 - Cultural Arts/Tourism - Establish and support a Cultural Arts and a Tourism Council.
Objective #3 - QR Codes - Pursue the integration of technology with QR codes for historical buildings/murals.
B. Economic Development
Objective #8 - Annexation Opportunities - Review of city boundaries for annexation 243
opportunities.
C. Infrastructure, Transportation & Mobility
Objective #7 - Bike Master Plan - Create a Class I and II Bike Trail Master Plan and work towards expansion of our existing trails.
E. Public Safety
Objective #2 - Neighborhood Safety - Strengthen neighborhood safety engagement initiatives around emergency preparedness.
Objective #4 - SPPD Facility Upgrades - Pursue funding to complete all Police facility upgrades.
Objective #5 - SPPD Community Engagement - Develop methods and programs to connect our police with the community, local nonprofits and businesses.
Objective #7 - Emergency Response - Create an Emergency Preparedness, Response and Recovery Plan. (General Plan)
F. Community Vitality
Objective #7 - Senior Master Plan - Develop a Senior Master Plan.
Objective #10 - Union Oil Building - Pursue programing and public use options for the Union Oil Building.
G. Operational Excellence
Objective #4 - Personnel Policies and Procedures - Update the City Personnel Policies and Procedures to comply with statutes.
Objective #5 - Records & Retention Policy - Update records-keeping and retention policy.
STRATEGIC PLAN:
Progress in all items contained in this report will continue to advance City Council's objectives.
FISCAL IMPACTS:
There are no direct costs associated with Strategic categories or goals. Specific objectives contained within the plan may have direct fiscal impacts, which have either been incorporated into the FY 2023-25 budget, may require additional funding sources or will need to be approved by Council once a budget has been developed and a project is ready for Council’s authorization.
PERSONNEL IMPACTS:
It is important to understand that the vast majority of time spent by City staff is dedicated to mandated, routine and/or responsive tasks. Especially in Santa Paula where staff ratios are extremely burdened and there is limited ability to pursue new initiatives, the capacity to complete the objectives contained in the Strategic Goals may be constrained. 244
OPTIONS:
1. Amend the plan and/or provide further direction to staff.
2. Rescind the plan.
ATTACHMENTS:
Exhibit A - Council's Strategic Plan Progress Report.pdf 245
EXHIBIT A - CITY COUNCIL
STRATEGIC PLAN PROGESS
REPORT
246
0 - No Progress 3 - On Track - Date or Quarter
1 - Discussed but no action taken (staff not actively
working on) 4 - Near Completion - Date
2 - Planned/Scheduled - Quarter & Year 5 - Completed
Cat
ego
#
Dept.
1 Dept. 2 Dept.
3 Objective Metrics Milesto
ne
Update as of August 24, 2024
A 1 CED Admin P&R Public Arts/Murals - Support public art and the mural program and pursue
methods to increase funding. (General
Plan EDD 4.c)
1. Help facilitate production of at least one new mural per calendar year
2. Explore policies or programs which would provide a
"percent for the arts".
3. Number of grant applications vs. the number of grants won for Arts, Culture, and Entertainment.
3 ~
2025
1. Completed murals at Harding Park and the Community
Center; The fire memorial mural is still in the works. 3. SP Arte & Cultura Collective won $1500 grant award for
Bursting with Color Downtown Art Exhibit and was not
successful in obtaining funding from the County and VCCF for a second grant opportunity.
A 2 CED Admin Cultural Arts/Tourism - Establish and
support a Cultural Arts and a Tourism
Council.
1. Establish an Arts Council.
2. Promotion of arts/history/culture.
3. Number of artists and projects per year.
4. Number of digital and print materials distributed.
5. Number of events.
6. Establish monthly calendar of events.
7. Support or obtain funding for each entity.
3 ~
2025
#1 - The Santa Paula Arte & Cultura Collective is an official 501c3. The group is establishing communications protocols and a monthly meeting schedule. #2 Group will continue to work with City and Chamber on promotion of current
arts/history and culture in the community. #5 Held several meetings in 2023-2024 to get the 501c3 formation off the ground. 6. Staff continues to add all local free events to the City website calendar which has been upgraded to include all events.
A 3 CED Admin QR Codes - Pursue the integration of
technology with QR codes for historical
buildings/murals.
1. Number of plaques installed and number of QR codes
created for existing points of interest.
2. Creation of a dedicated website for historical
buildings/murals.
4 ~
2025
#2 - Website is up and active and will be revealed during Council Strategic Plan update. #1 - Now that website has been established, QR codes and a plaque to be placed on each mural are being developed by the Chamber.
A 4 CED *Historic Resources - Adopt and
implement standards and guidelines for
new development, alterations to existing
structures, and preservation of historic
resources within historic districts. (GP
ECR 4.c)
1. Update the municipal code to include standards for
historic preservation.
3 ~
2024
Updates will occur in concert with the comprehensive code update. Including potential expansion of Mills Act ordinance - 4th quarter 2024
B 1 CED Financ
e
Admin Revenue Opportunities - Actively pursue
revenue opportunities to increase the
City's revenue base.
1. Bring a list of options to Council for review.
2. Move forward on any initiatives Council supports.
5 Complete - On June 28, 2024, Council unanimously moved forward with placing a 1 cent sales tax measure on the
November 2024 Ballot. If passed by the residents, a
significant portion of the revenue will be utilized for improving and maintaining City streets.
Strategic Plan 2023-2025
A. Arts, Culture and Entertainment
B. Economic Development
Milestone
Metrics Key
247
B 2 CED Admin Business Communications - Create a
positive business environment by
increasing communications and
partnerships with new and existing
businesses.
1. Number of business roundtables per year.
2. Number of attendees on average per event.
3. Number of email blasts, newsletters, etc.
4. Development of targeted business education programs
through EDC, WEV, and SCORE.
5. Explore CRM software system. 5
Complete and ongoing - 1. 2024 - four Business Roundtables with 2 remaining; 2. 30+ per event; 4. Workshops with WEV, EDC, & SCORE and an ADA workshop. 5. Fellow has explored two Digital Email Marketing & Automation Software's, Mail Chip and Constant Contact. Additionally explored 5 other software's. CRM software actively in use. Started a new program, Business Connect, which is focused on engaging our current business owners and meeting in person with
them to access opportunities for growth, expansion and
policy improvements.
B 3 CED PW P&R *Downtown Beautification - Develop
guidelines which address architecture,
landscaping, streets, and hardscape
elements within the Downtown and
historic districts. (GP ECR 4.c)
1. Develop a schedule for completion of suggested
improvements, based on priority, and present periodic
updates to the Property Business Improvement District
(PBID) and City Council.
2. Schedule, milestones, projects (number of facades
improved, number of wayfinding signs installed, etc.)
3 ~
2024
Installation of new downtown trash receptacles to be
finished before the end of 2024. Downtown tree up lighting project complete; working on technical issue with
manufacturer. Wayfinding project still in process. Façade improvement program RFP for contractors and funding
discussion to occur before the end of the year.
B 4 CED Admin Marketing - Partner with the HVTB, PBID,
Chamber of Commerce, and local
transportation providers (rail and airport)
to work collectively to advertise and
market Santa Paula to increase tourism.
1. Explore utilizing data and software analytics along with business-related data to capture business-related analytics.
2. Measured by Transient Occupancy Tax (TOT) increase. 3 ~ 2024
Working with Community and Economic Development office
to develop a presentation of data on employment and retail ingress/egress in late 2024.
B 5 CED PW Navigational Signage - Attract "passthrough" traffic by improving and implementing new wayfinding or
"gateway" signage throughout the City
and SR126 to promote business and
tourist opportunities.
1. By Spring 2024 have a comprehensive wayfinding
program defined with critical locations installed.
2. Expand process as much as budget allows.
3 ~
2024
Staff continues to work with Hunt designs on finalizing signage designs and key locations including downtown and city entry monuments. Next update to City Council 4th
quarter 2024; Of note is upcoming planning and design
contract award for designing the Main/Telegraph/Harvard Roundabout CIP Project. This will be a primary City gateway feature.
B 6 CED *Business Attraction - Prepare an
economic base study to identify business
sectors with greatest potential for
expansion in Santa Paula and implement
a business retention, marketing and
recruitment program to attract those
businesses. (GP pg.32 EDD1.b)
1. Contract out data analytics capture in 2023 to determine opportunities for retention and attraction based on data related to leakage and the city's employment base.
2. Explore rural retail opportunities for growth.
3. Identify retail deficits and conduct outreach to
representatives of potential operators.
4. Assemble metrics to better demonstrate the city's
marketability.
5. Utilize data analytics capture software for informed decision making.
3 ~
2024
Working with City Manger's office to develop a presentation of data on employment and retail ingress/egress in late 2024. Started a new program, Business Connect, which is focused on engaging our current business owners and
meeting in person with them to access opportunities for growth, expansion and policy improvements.
B 7 CED Retail Vacancy Standards - Explore
options for addressing empty storefronts.
1. Develop strategies related to property owner outreach and education.
2. Potentially modify muni-code to require active uses on main floor CBD properties.
3. Number of reduced empty storefronts Year over Year.
3 ~
2025
Discussions with Economic Development Standing
Committee has resulted in more clarity on potential options for addressing downtown building vacancies including:
citations, property owner collaborations, and policies to hold property owners accountable for long term vacancies and maintenance /code violations.
248
B 8 CED Annexation Opportunities - Review of
city boundaries for annexation
opportunities.
1. Collaboration with property owners, county and LAFCo to identify viable sites and determine successful
implementation strategies.
4 ~
2024
Plans to take Santa Paula West Business park to LAFCo in Sept-Oct 2024. Staff continues to actively look for areas of annexation that can clean up awkward city boundaries.
C 1 PW Streets – Work to maximize funding
going to streets
1. Staff will provide 5-Year Pavement Management Plan
updates to Council on an annual basis. 2.
Review of Pavement Condition Index (PCI) changes yearover-year. 3 ~ 2025
#1 and #2 - Staff continues to provide updates to Council on Pavement Management Plan updates along with PCI
changes. Findings from streets February workshop were
incorporated into a 1 cent sales tax measure currently
placed on the November 2024 Ballot. If passed by the
residents, a significant portion of the revenue is expected to be utilized for improving and maintaining City streets.
C 2 P&R PW CED City Facilities Master Plans - Pursue long term options and Master Plans for the
Corporate Yard/Water and City Hall
Campus improvements.
1. Hire a consultant to work on creating a Corporate
Yard/Water and City Hall Campus Master Plan.
2. Have draft report / plan presented to an ad hoc
committee or Council.
1 No change / no budget identified at this time. No additional update. Funding to be available from recent development agreement with LLCB.
C 3 PW P&R Green Initiatives - Explore funding
opportunities and partnerships to
implement Energy Efficiency projects,
solar, and electric vehicle (EV)
technologies.
1. Complete lighting project (Phase 1).
2. Apply for grant funding opportunities.
3. Explore and present findings related to solar options to Council.
4. Explore and present findings related to EV options to Council.
2 ~
2025
Lighting project will begin in the next few months; New Public Works staff member hired on July 29, 2024 that will enable research and coordination of grant funding
opportunities for this initiative.
C 4 CED PW *Downtown Lighting/Safety - Improve
and maintain lighting and safety
measures in alleys and parking lots within
the downtown keeping in mind historical
aesthetics. (GP EDD 4.c.)
1. Number of lights identified, procured, and installed. 1 No updates or budget to move forward with this objective at this time.
C 5 P&R *P&R Funding - Explore revenue options
for parks, greenways and public spaces
including funding for park and recreation
facilities and programs. (GP PSU 6.7)
1. Hire a consultant to explore feasibility and process of creating a park district and explore potential revenue
options.
5 Complete for the time being - In 2023, staff conducted a study session with Council on exploring revenue options which included Landscape and Lighting Districts and Park Maintenance Districts amongst other options. Based on
feedback from Council, staff moved forward in exploring higher priority revenue options.
C 6 P&R CED Fire Memorial Building - Explore
feasibility of future interior use for the
historic Fire Memorial Building.
1. Obtain cost estimates for needed building improvements and costs of use alternatives. 1
No updates at this time.
C 7 PW CED Bike Master Plan - Create a Class I and II
Bike Trail Master Plan and work towards
expansion of our existing trails.
1. Progress on master plan (milestones).
2. Total number of miles of Class I/II bike lanes created. 3 ~
2025
The Community Bike Trail Connectivity Project Consultant MNS, has been secured to begin the major bike trail designs.
Staff is pursuing a separate RFP for the citywide Bike Master Plan which will be bid out separately and will require
additional funding most likely during Q4 2024.
D. Connected & Healthy Community
C. Infrastructure, Transportation & Mobility
249
D 1 CED Admin Community Education - Provide
community education about City
projects, processes, & permits.
1. By 3rd quarter, activate vacant space on Main Street to provide periodic town hall/remote city hall outreach for community engagement.
2. Measure the frequency and types of events hosted.
3. Number of "Did you know" campaigns created.
4. Number of in person events conducted on a particular topic.
5 Complete & Ongoing; Staff will continue to work with the Chamber of Commerce to produce the "Did You Know"
community education video series. Additionally, staff will continue to engage residents through various community
programs and events (Future Leaders Academy, Business
Roundtables, PBID, ADA Workshop, CERT, etc.) and forums to provide education about projects and processes.
Upcoming community engagement events include youth
facility workshops, Senior Master Plan workshops, Bike Trail Extension workshops, Fagan Barranca Park workshops.
D 2 Admin CRM Database - Explore options for CRM
database to enhance communications
with residents.
1. Research options, software solutions and budget
requirements to address communications needs with
residents and business owners.
2. Present findings to Council. 5
Complete & Ongoing. #1 - Research options were
concluded. #2 - Council approved an ARPA budget allocation to purchase Constant Contact CRM software and the system is now in use with several distribution lists established.
Official rollout will occur during website refresh launch.
D 3 P&R Youth Facilities - Explore expansion of
youth facilities and resources.
1. Hire an architect to provide a building design and
estimated associated construction costs.
2. Report findings back to Council.
2 ~
2025
No additional update. Working on scheduling community
workshops. Working on two additional master plans (Senior Master Plan and Barranca Master Plan) which are taking a lot of resources.
D 4 Admin Smoking - Explore updating City's "No
Smoking" Ordinance.
1. Research options and policies related to "No Smoking" ordinances.
2. Present findings to Council.
2 ~
2024
BB&K has researched ordinance options and is working with the CM's Office on a Study Session for Council in Q4.
D 5 Admin Citywide Communications - Analyze the
effectiveness of the City's current
communication efforts and provide
suggestions for improvements.
1. Obtain feedback from residents on current
communications practices.
2. Seek feedback from communications firm on areas for
improvement.
3. Devise a plan for improvement.
4. Explore technology applications which track resident concerns.
5 Complete & Ongoing - #1 - Established an ad hoc
communications committee which has provided input from
residents on how to improve communications practices.
Feedback included use of a CRM system which has been
established. #2 and #3 - Staff continues to work with
consultant to obtain monthly and quarterly feedback on
communications related issues. #4 - Technology applications have been explored but budget and staff resource allocation need to be accessed prior to moving forward.
D 6 Admin CED Climate Action Plan - Secure funding and
develop a Climate Action Plan.
1. Work with grant writers to keep an eye out for potential grant opportunities to support.
2. Apply and obtain grant. 3 ~
2025
1. Staff has met with several local consultants who can assist with a CAP. Staff has delayed working with a consultant as we are now working with the County who is conducting a
regional CAP (kickoff was on 8/23/24) which will include Santa Paula. Staff working with County and CED staff to access next steps in County participation.
E 1 PD Cameras - Pursue funding opportunities
to expand safety cameras to cover critical
infrastructure & public spaces.
1. Number of cameras installed.
2 ~
2025
#1 - Priority locations are being identified for cameras with available ARPA funding. Additional funds may be requested.
E 2 PD Neighborhood Safety - Strengthen
neighborhood safety engagement
initiatives around emergency
preparedness.
1. Number of meetings conducted annually.
4 ~
2025
#1 - Staff has conducted three Neighborhood Watch
Meetings since January 1, 2024, a Community Emergency
Response Team (CERT) class, and the recent National Night Out Event.
E. Public Safety & Emergency Preparedness
250
E 3 PD SPPD Strategic Plan - Work towards the
execution and implementation of the
Police Department Strategic Plan.
1. Publish plan to Police website.
2. Provide quarterly updates to Council on progress. 4 ~ 2024
#1 - Working on completing this with website administrator in 2024.
E 4 P&R SPPD Facility Upgrades - Pursue funding
to complete all Police facility upgrades.
1. Develop a phased plan that outlines cost and completion dates for the projects.
2. Report quarterly on the progression of the project.
4 ~
2024
Phase 1 of Station Construction Project is Underway (Public Lobby, Records Bureau and Patrol Briefing Room)
E 5 PD SPPD Community Engagement - Develop
methods and programs to connect our
police with the community, local
nonprofits and businesses.
1. Seek to host 1-2 Community Academy courses in
English/Spanish.
2. Number of meetings conducted in the community.
3. Creation of a Police Chief's Advisory Board and number of meetings held.
4. Creation of a Community Academy and number of
meetings held.
5. Number of meetings with held with Community Based
Organizations (CBO's).
6. Number of events with Police Activity League (PAL).
4 ~
2024
1.The Police Department presented a block of instruction at the City of Santa Paula Future Leaders Academy. Pending on how many of these are presented, the Police Department
will plan to conduct one Citizen Academy per year. 2.
Attended 3 School Board meetings 3. Police Chief's Advisory Board is in planning stages. 4. A 10-week Citizen Academy is being planned. 5. Business Roundtables, Coffee with Cops, Grand Openings (Chamber of Commerce. 6. We have
participated in 7 events with PAL.
E 6 PD SPPD Wellness - Expand wellness options
for employees such as peer support
counseling services, and mindfulness and
resiliency training.
1. Number of personnel who have completed training.
2. Establish a peer support team.
5 Complete; 1. Peer Support Team has attended several
trainings in peer support, mindfulness, and resiliency. 2.
Therapy Dogs have visited the PD on two occasions. 3.
Monthly wellness newsletter for all PD employees
published.
E 7 PD Admin *Emergency Response - Create an
Emergency Preparedness, Response and
Recovery Plan. (GP)
1. Update the Emergency Operations Plan Manual.
2. Have Emergency Services Coordinator conduct trainings with City staff.
3. Establish SOP for each City department.
4. Perform a table top exercise bi-annually.
4 ~
2024
#1 - Emergency Operations Plan Manual has been updated
and provided to City Manager. #2 - Emergency Services
Coordinator has conducted ongoing CPR training and DSW
training with City Staff. Emergency Services Coordinator has conducted a CERT course with 13 Santa Paula residents
graduating. #3 - Working on constructing contents of a SOP for each City department. #4 - Table top exercise is being constructed and planned for 2024.
E 8 PD Admin Emergency Communications - Explore
technology and increase subscribership
with emergency communications to
enhance disaster-preparedness efforts.
1. Measure increase in subscribership biannually.
2. Explore various technologies and associated costs
to maximize subscribership.
5 Complete & Ongoing - 1. Staff continues to see increases in VC Alert and Nixle Subscribers. 2. Research concluded that the VCAlert system is the most effective means of
communicating with residents during an event. In addition, all social media platforms are utilized to communicate
incidents and increase subscribership to city/government trusted technology platforms.
F. Community Vitality
251
F 1 P&R Volunteerism - Expand, support and
connect volunteers, or those with
specialized skills, with local opportunities
to make a difference in Santa Paula.
1. Number of volunteer projects annually.
2. Annual increase in the total number of hours logged by volunteers.
3. Host an annual volunteer appreciation event.
4. Attract retirees and professional talent.
5. Use a database to track volunteers, possibly CRM. 5
Complete & Ongoing - Staff has continued to host SP
Beautiful Days with one in April 2024 and an upcoming one on October 12th, 2024. Hosted 2 volunteer appreciation
events: (Dec 2023) Senior Center Volunteers as they do
majority of year-round volunteer work and a volunteer
appreciation dinner in May 2024 of all volunteers in the city, including sports, senior center and more. Software is up and running with over 200 volunteers in the system. Staff
continually works to recruit new volunteers and is working on tracking volunteer hours.
F 2 P&R Admin Internships - Expand and enhance a
Citywide Internship and Apprentice
Program.
1. Research and present to Council for feedback programs, policies and a budget for a citywide internship program and an apprentice program.
2. Partner with other agencies such as Santa Paula Unified School District (SPUSD) and local community colleges.
5 Complete & Ongoing - First YARA cohort is complete;
Graduation is Sept 21, 2024; 2nd cohort will begin in Feb 2025. Additionally, staff is working with Good Year
Industries to possibly expand internship opportunities.
F 3 P&R Fagan Barranca Park Master Plan -
Pursue funding and create a Master
Restoration Plan.
1. Hire consultant (biologist / landscape architect) to work with staff and community to create a master plan.
2. Present draft master plan to City Council.
3 ~
2025
Conceptual design is compete. 70% of community
workshops have been scheduled.
F 4 CED Code Enforcement - Develop
administrative hearing ordinance &
public code education programs.
1. By Fall 2023, promote educational materials and
compliance requirements through print, digital media.
2. Present the process for initiating a local code hearing officer to Council.
3. Number of educational events held.
4. Percent of tickets/fines adjudicated.
5. Percent of ticket/fines Year over Year.
3 ~
2025
Increased development activity in Harvest and citywide has limited staff's ability to proactively address code
compliance. Planning and Building & safety staff are working collaboratively to address code complaints. Recruitment is underway for a Building Inspector which will provide
additional capacity for the code inspector to implement proactive community outreach and education.
F 5 Financ
e
PW Admin Water/Sewer Bill Assistance - Explore
resources for connecting low-to-moderate or
fixed income residents with programs to assist
with water/sewer bills.
1. Research any previous programs and explore possible
new assistance programs.
2. Present options to Council for consideration.
4 ~
2024
#1 - Research on previous programs and current programs is almost complete and a staff report has been drafted. #2 - Anticipated presentation to Council in Oct/Nov 2024.
F 6 Admin Wi-Fi - Improve Wi-Fi signal at the
Community Center & Cultural Arts
Building.
1. Complete tests of Wi-Fi speeds and obtain
employee/guest feedback on Wi-Fi.
2. Present findings to IT Manager for analysis and
upgrades.
3. Implement upgrades based on available budget.
4. Measure Increased connectivity and Wi-Fi speeds and
employee/guest satisfaction for users in both buildings. 5 Complete. Tests and feedback were conducted in 2023 and 2024 in both the Community Center and Cultural Arts
Building after enhancements and upgrades were made and
there have been no reported issues with the Wi-Fi.
F 7 P&R Senior Master Plan - Develop a Senior
Master Plan.
1.Work with Senior Advisory Committee and Santa Paula
Together to Create a local Senior Master Plan.
2. Hold community outreach events.
3. Present draft Master Plan to Council.
3 ~
2025
#1 - RFP for a consultant has been advertised. Committee continues to work on developing the senior master plan; #2 - Community workshop dates have been scheduled before
the end of the year.
F 8 P&R SPUSD Partnerships - Work with Santa
Paula Unified School District to create a
joint use agreement for school and city
facilities.
1. Meet with district to resume the process.
2. Provide updates to the District and Council via 2x2
Committee.
3. Bring draft MOU to Council.
3 ~
2025
Staff has met and is working on an MOU to bring forward to the School Board and Council.
252
F 9 P&R Recreational Facilities - Explore options
for community recreational facilities (i.e.
dog park, pickle ball court).
1. Research viability, associated costs and possible
locations for potential activities.
2. Present findings to Council.
3 ~
2025
#1 - Temporary dog park location has been identified. #2 - Staff expects to present findings to Council Q1 of 2025.
F 10 P&R Union Oil Building - Pursue programing
and public use options for the Union Oil
Building.
1. Hold community outreach meetings.
2. Present findings to Council.
3. Create a Request for Proposals (RFP).
4. Present results of RFP to Council.
4 ~
2024
#1, #2 and #3 complete. #4 - Staff and ad hoc committee has been meeting with potential users and will present
committee recommendations in Oct 2024.
F 11 CED Historic Resources - Update standards for
preservation of historic resources.
1. Update the municipal code to include standards for
historic preservation. 2 ~
2024
Updates will occur in concert with the comprehensive
municipal code update including potential expansion of the Mills Act Ordinance - 4th quarter 2024
G 1 CED Permitting - Streamline the application
and permitting processes for businesses.
1. Implementation of software system to reduce cycle time for application and permitting processes. 4 ~
2024
Citygate review complete and staff is working as a part of a regional city collaboration to implement Intergov permitting software 4th quarter 2024.
G 2 CED Municipal Code - Review the City's
municipal code to reduce irrelevant
codes and update development codes.
1. Number and/or percentage of codes reduced.
3 ~
2025
Comprehensive code update process is currently underway.
Staff is coordinating with BB&K to implement the first steps of updates to the development code in Fall 2024.
G 3 Admin Employee Enrichment - Develop
programs around employee retention,
engagement, and succession planning.
1. Increase employee training and learning opportunities by at least 50%.
2. Establish a succession plan and related policies.
3. Percent of internal promotions.
4. Percent decrease in turnover YoY.
4 ~
2025
#1 - The Human Resources department and Emergency
Services Coordinator have hosted several training and
learning opportunities over the past year in excess of a 50% increase; #2 - The Making a Difference Everyday (MADE)
committee has been formed and meeting regularly to obtain feedback from employees on succession planning and
related policies; #3 - There have been several internal promotions in 2024.
G 4 Admin Personnel Policies and Procedures -
Update the City Personnel Policies and
Procedures to comply with statutes.
1. Update the policy.
2. Deliver a new policy to Council by Summer 2023. 4 ~
2024
Personnel Policy updates will be brought to Council for approval on September 4, 2024.
G 5 Admin Records & Retention Policy - Update
records-keeping and retention policy.
1. Update the policy.
2. Measure how many paper/electronic files are eligible for destruction on a quarterly/yearly basis.
3. Measure time it takes to locate files pre/post policy. 4 ~
2024
#1 - The City Clerk has hired a consultant to assist in updating the policy across all departments in the
organization. Staff will present policy to Council in Sept/Oct 2024.
G 6 Admin Staffing - Develop a staffing
augmentation plan.
1. Research options and best practices to provide
redundancy and succession planning within a smaller City.
2. Present findings to Council. 0
No updates at this time.
G 7 Admin Wellness Options - Expand Employee
Wellness options.
1. Research options and best practices to increase wellness programs for employees.
2. Present findings to Council.
3. Implement Council supported directives.
5 Complete & Ongoing as of last Council update - Wellness options in place such as the new Wellness & Fitness Benefit and employee health events such as the Lunch & Learn
Nutrition Event. Staff will continue to work with Human Resources to identify additional options.
G. Operational Excellence
253
G 8 Admin CED PD Housing/Homeless Position - Explore
opportunities to establish a
Housing/Homeless Services position who will
pursue partnerships and options to
understand, address, and meet the needs of
the unhoused including behavioral support.
1. Develop a strategy and position around
housing/homeless with Council.
2. Research, budget, and create a position to address
position/strategy.
3. Recruit for position.
4. Explore opportunities to establish a Housing/Homeless task force, local services position and comprehensive
strategy.
5. Establish permanent facility for transitional housing.
6. Measure results through annual point in time count.
5 Complete & Ongoing - #2, #3 and #5 complete. #1 -
Strategies to address the variety of homeless and housing needs are being explored in collaboration with Spirit of Santa Paula, Ventura County and several non-profit housing and service providers. #4 - Staff is seeking to utilize an expanded Affordable Housing Task force to serve as a
Homeless and Housing task force. #5 Purchase of property for transitional housing complete.
254
To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: FUTURE AGENDA ITEMS
Date: September 4, 2024
Agenda Item: 12.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends City Council review future agenda items.
BACKGROUND:
The attached Future Agenda Items forecast identifies anticipated agenda items for upcoming Council meetings as well as Study Session topics and long-range discussion items. Placing this forecast on the agenda affords the Council and the public the opportunity to discuss such topics and to make any recommendations. It should be noted this is only a forecast and may change over the course of time or based on feedback by the Mayor and City Manager during review of future agendas.
ANALYSIS:
In accordance with the Council's adopted Manual of Procedural Guidelines, Section 5.1, Vice Mayor Chavez has introduced a request, Attachment B, to receive an update on the recent ADA lawsuits impacting our small businesses in town. Council is provided the opportunity to review this request and discuss placing it on a future agenda or taking other appropriate action.
STRATEGIC PLAN:
FISCAL IMPACTS:
OPTIONS:
ATTACHMENTS:
9.4.24_Future Agenda Items.A.docx
Attachment B - Council Agenda Request Form - ADA Lawsuits.pdf 255
Santa Paula City Council Tentative Agenda Schedule
Updated 8/29/2024
Study Session
September 18, 4:00pm
CDD Discuss Animal Control and Shelter Services
September 18, 2024
Fire Ventura County Fire Department Report
PD School Resource Officer Contract
CDD Central Business District Live Entertainment Ordinance Finance TDA Allocation
Finance Finance Department Report
PD Axon Body Warn Camera Contract
Clerk Amend Conflict of Interest Code - Reso
PW WCS Chloride Study Final Report
Regular Meeting
October 2, 6:30pm
Admin Ventura College East Campus Presentation by Dean and President CDD Community Development Department Report
P&R Parks & Recreation Department Report
Clerk Records Retention Schedule Policy
CDD Peoples Self Help Funding Request
P&R Union Oil Building Tenant Selection
Finance 2023 City Audit
Admin ARPA Update and Allocation
STUDY SESSION TOPICS
Admin No Smoking Ordinance
Finance Development Impact Fees (DIF) Overview Nov
Legal Municipal Code Update – Joint Meeting with Planning Commission Sept
FUTURE AGENDA ITEMS
Finance Update on Utility Bills
PW Plans & Specifications for 8th Street Streetlight Repair Project CDD ADU Ordinance
CDD Cultural Arts Presentation Oct
Legal Fire MOU Amendment
Legal Development Code Update Oct / Nov
256
Agenda Request Form
For Council Discussion Purposes
Name: Proposed Meeting Date: Date:
Type:
Recognition _______ Proclamation _______ Policy _______ Resolution ________ Ordinance _________ Other ____________________________
Title:
General Description:
Purpose / Objective:
Staff Use Only
Est. Fiscal Impact: $______________ Budgeted: Yes No Est. Time Impact:
Anticipated Start Date: Anticipated Completion Date:
Strat Plan Consistency? Gen Plan or SPMC Consistency?
Assigned to (Department): Assigned to (Person):
Committee Assignment:
257