16.47.020, the statement required by 16.45.050 must be submitted prior to the final approval of the grading by the City Engineer or Building Official.
(2) Reports that reflect conditions which are not in agreement with the approved grading plans must be submitted to the field engineer and the City Engineer or Building Official by the appropriate consultants.
(E) Non-inspected grading. No person may own, use, or maintain any non-inspected graded property. For the purposes of this Code, non-inspected grading is defined as any grading for which a grading permit was first obtained, but which has progressed beyond any point requiring inspection and approval by the City Engineer or Building Official without such inspection and approval having been obtained.
(F) Notification of nonconformance.
(1) If, in the course of fulfilling their responsibility under this chapter, the field engineer, soil engineer or geologist finds that the work is not being done in conformance with this chapter or the plans approved by the City Engineer or Building Official, or in accordance with good accepted practices, the person in charge of the grading work and the City Engineer or Building Official must be immediately notified in writing of the nonconformity and of the corrective measures to be taken. (2) All uncertified fills and nonconforming grading must be recorded on the title of the property so that any future buyer will be aware of the situation. This recordation may only be removed when the City Engineer or Building Official determines conformance. No building permits will be granted until the fill and/or grading is in conformance.
(G) Termination of services. The termination of the services of the field engineer, soil engineer or geologist prior to the completion of the work shown on the approved grading plan must be reported to the City Engineer or Building Official in writing within 48 hours. The report must be by the person terminated and must include the status of the work at the last inspection. The work must be stopped until the replacement has agreed to accept the responsibility within the area of his or her technical competence for verification upon completion of the work. (H) Violation. It is a violation of this Code for any person to verify to the satisfactory completion of work as required by this chapter if such work is subsequently found by the City Engineer or Building Official to be in substantial noncompliance with the approved design or code requirement at the time of verification.
(Ord. 1103, passed 3-7-05)
§ 16.45.050 REPORTS AND STATEMENTS, ENGINEERED GRADING. (A) General. The reports and statements set forth in this section are those required for engineered grading. The City Engineer or Building Official may waive the requirement for a report or statement when such report or statement is found to be unnecessary for the approval of the graded site.
Nothing in this section may be deemed to waive the requirement for reports or statements by other provisions of this Code.
(1) The statement required by this section supplement the records of the City Engineer or Building Official. These forms may be duplicated and the letterhead of the responsible person may be utilized. Final approval of grading by the City Engineer or Building Official cannot be given until all required maps, statements and reports have been submitted. (2) Where reference is made to initial, rough or final grading, it means those stages of construction set forth in 16.45.040.
(B) Field engineer. At the completion of rough grading and final grading, the field engineer must submit a statement that work is in conformance with the approved plans. A final contour map (asbuilt plan) must be submitted unless the work has been completed in close agreement with the approved plan.
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(C) Soil engineer. At the completion of rough grading, the soil engineer must submit a statement that the portion of the work concerning the preparation of the existing ground surface and the placing and compaction of fill is in conformance with the approved plans and the appropriate provisions of this Code. The soil engineer must submit a report which includes the recommended soil-bearing capacity, a finding as to the expansive qualities of the soil, the location of subdrains and a summary of tests. The location of such tests and the limits of the compacted fill must be shown on a final plan which must also show by plan and cross section the location of any rock disposal areas and/or buttress fills, is such were involved in the grading.
(D) Geologist. When a site inspection by the geologist is required under 16.45.040, a report based on an “as-built” geologic map must be submitted by the geologist. The report must be submitted at the completion of rough grading and must include specific approval of the grading as affected by geological factors. Where necessary, such report must include geologic cross sections and recommendations regarding the location of buildings or sewage disposal systems. (E) Planting and irrigation. At completion of final grading, a landscape architect or a field engineer must submit a statement that the slope planting has been established and the irrigation system has been installed in conformance with the approved plans. (F) Grading contractor. At the completion of rough grading, the grading contractor must submit a statement that the work under the direction of the grading contractor was performed in accordance with the approved plans and the appropriate requirements of this chapter or that such work was not in accordance with such plans and chapter.
(Ord. 1103, passed 3-7-05)
CHAPTER 16.46:HILLSIDE GRADING PRACTICES
Section
16.46.010 Purpose and applicability
16.46.020 Use of natural topography
16.46.030 Ridgeline preservation
16.46.040 Roadways and driveways
16.46.050 Location of building pads
16.46.060 Manufactured slopes
§ 16.46.010 PURPOSE AND APPLICABILITY.
(A) Purpose. The city finds that the hillsides areas of Santa Paula contribute a unique character to the city and forms an integral part of the city’s overall environment. Due to the physical dominance of hillsides on the landscape, development of the hillside areas will affect the visual and environmental character of the community. The city’s primary objective regarding hillside development is to preserve the natural terrain, the quality environment, and the aesthetic features of the city while encouraging creative, innovative, diverse, and safe development. Such goals will only be achieved when special consideration is given to development in hillside areas. (B) Intent. In enacting the provisions of this chapter, it is the intention and policy of the city to:
(1) Encourage only minimal grading which relates to the natural contour of the land, and which will round off, in a natural manner, sharp angles at the top and ends of cut and fill slopes so as to avoid a “staircase” or “padding” effect;
(2) Require the retention of trees and other vegetation which stabilize steep hillsides, retain moisture, prevent erosion, and enhance the natural scenic beauty and, where necessary, require additional landscaping to enhance the scenic qualities of the hillsides; 285
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(3) Encourage a variety of building types and design, when appropriate, to materially reduce grading and disturbance of the natural character of the area; (4) Require immediate planting wherever appropriate to maintain necessary cut and fill slopes, to stabilize slopes with plant roots, and to conceal bare soil from view; and (5) Impose appropriate conditions on the development of all slopes to obtain conformity with approved development policies of the city’s General Plan. (C) Application. This chapter applies to all parcels zoned HR1-PD, HR2-PD; any parcels with an average slope of 10% or more; and any parcel included in the “Potential High Landslide and Debris and Mud Flow Hazard” and/or “High Potential for Rock Falls” areas as designated in the General Plan. (Ord. 1103, passed 3-7-05)
§ 16.46.020 USE OF NATURAL TOPOGRAPHY.
Grading must be designed and performed to respect the natural topography of a site. The principals of contour grading must be used to blend manufactured slopes with the natural topography as follows:
(A) Manufactured slopes must be rounded and shaped to simulate the natural terrain. (B) Grading must follow the natural topographic contours. (C) Where cut or fill slopes exceed 200 feet in horizontal length, the horizontal contours of the slope must be curved in a continuous, sinuous manner with varying radii to reflect the natural terrain. (D) Manufactured slopes must blend with adjacent natural slopes at a radius comparable with the existing natural terrain.
(E) Grading on slopes of 30% or greater is prohibited, except as necessary as determined by the City Engineer or Building Official.
(F) Grading in the hillside areas shall be limited to that necessary to construct a driveway to serve the dwelling, the footprint of the dwelling, a walkway around the house seven feet in width, and a patio area of 300 square feet. The Planning Commission may modify these standards to be less or more restrictive, depending on the particular characteristics of the lot. The intent of this division is to avoid any grading which is not required to accommodate a house and the access to the house, and to eliminate cut and fill slopes except in driveway areas when absolutely necessary. (Ord. 1103, passed 3-7-05)
§ 16.46.030 RIDGELINE PRESERVATION.
Significant natural hillside landmarks and defining ridgelines, as identified in the Santa Paula General Plan, must be retained in their natural state. Development on the ridgelines is prohibited. (Ord. 1103, passed 3-7-05)
§ 16.46.040 ROADWAYS AND DRIVEWAYS.
(A) Street alignments must, to the maximum extent feasible, be parallel to the natural contours of the land.
(B) Street widths must conform to adopted minimum city standards. However, the City Engineer, Building Official and Director will have the authority to approve narrower street pavement widths where such narrower width would work to preserve natural contours and slopes, minimize grading, reduce heights of required retaining walls, and/or result in better overall subdivision design. Such approval is subject to the provision of sufficient emergency access, as determined by the Fire Chief.
Where such narrower widths are provided, the City Engineer may require intermittent widening or turnouts to be provided for turnarounds or parking.
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(C) The Director will have the authority to approve the establishment of sidewalks on only one side of a street where such design would preserve natural contours and slopes, minimize grading, reduce heights of required retaining walls, and/or result in better overall subdivision design. (D) The maximum slope of any driveway must be 15%, with no portion of any driveway exceeding a slope of 20%.
(Ord. 1103, passed 3-7-05)
§ 16.46.050 LOCATION OF BUILDING PADS.
(A) Building pads must be located on that portion of a lot that achieves the most of the following objectives:
(1) Requires the least amount of grading to create a suitable building site; (2) Preserves primary views from existing home sites;
(3) Minimizes the visual prominence of proposed structures from close by and distant view points;
(4) Avoids ridgeline development as required by 16.46.030; (5) Keeps development below the ridgeline; and
(6) Preserves existing native vegetation and similar natural features. (B) Building sites must be located to allow structures to follow the natural slope of the property.
(Ord. 1103, passed 3-7-05)
§ 16.46.060 MANUFACTURED SLOPES.
(A) Height. No manufactured slope may exceed a vertical height of 25 feet unless a higher slope is required for a public street, or unless approved by the Planning Commission or City Council through the review and approval of a tentative tract map. The height of a manufactured slope must include the height of any retaining wall constructed as an integral part of the slope. (B) Slope. No manufactured slope angle may be steeper than 2:1 unless approved by the City Engineer or Building Official, based on studies provided by the applicant demonstrating that:
(1) Special circumstances applicable to the property, including size, shape, topography, location, or surroundings, deprive the property of development opportunities otherwise available to properties in the same zone; and
(2) Data provided by a soils engineer, engineering geologist, and landscape architect support the contention that the slope material and material underlying the slope are capable of permanent stability at an angle steeper than 2:1, and that the required slope planting can be adequately maintained.
(C) Location of lot line. Any manufactured slope occurring on a side or rear lot line must be made a part of the downhill lot.
(D) Cut slopes in rock. Manufactured cut slopes in rock material must be provided with soil pockets or cut terraces to facilitate the planting of landscaping. (Ord. 1103, passed 3-7-05)
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CHAPTER 16.47:DRAINAGE, EROSION, AND DUST CONTROL
Section
16.47.010 Purpose and applicability
16.47.020 Slope protection and graded surface revegetation
16.47.030 Protection of trees during grading
16.47.040 Protection of watercourses and wetlands
16.47.050 Drainage provisions
16.47.060 Erosion and stormwater control
16.47.070 Dust prevention and control provisions
§ 16.47.010 PURPOSE AND APPLICABILITY.
This chapter establishes standards for the conduct of all grading activity, whether or not a grading permit is required pursuant to Chapters 16.44 through 16.47 (Grading and Erosion Control) of this Title
16. (Ord. 1103, passed 3-7-05)
§ 16.47.020 SLOPE PROTECTION AND GRADED SURFACE REVEGETATION. (A) All manufactured slopes greater than three feet in height and all graded areas not to be occupied by structures or other approved improvements must be planted with live landscape material and provided with an automatic irrigation system in accordance with landscaping and irrigation plans approved by the Director.
(B) Installation of landscaping and irrigation required for erosion and sediment control must be completed within 30 days of completion of grading activity. All other required landscaping and irrigation must be installed in accordance with applicable land use and development permits. (C) Acceptable landscape materials used for slope protection and erosion/sediment control include groundcover from rooted cuttings, hydromulched mixtures, lawn seed or sod, or other similar materials, and may include certain species of trees, as shown on landscape plans approved by the Director.
(D) For slopes in hillside residential areas, fire hazard mitigation landscape approaches must be used consistent with the requirements of 16.08.150 (Fire Hazard Mitigation) of this Title 16. (E) The use of fire-resistant, drought-tolerant landscape materials is encouraged. (Ord. 1103, passed 3-7-05)
§ 16.47.030 PROTECTION OF TREES DURING GRADING.
(A) Identification of tree protection. Where any mature trees will affected by grading, other than trees for which removal will be permitted via a tree removal permit pursuant to Chapter 156.584 of this Title 16, details for retaining walls, drains, pruning, trimming, and the establishment of a drip line with respect to each such tree must be prepared by a licensed landscape architect and be included with the grading plan. Grading or activity detrimental to the health of such tree is prohibited to take place within an established drip line of the tree.
(B) Protective fences required. Prior to the commencement of grading, fences must be constructed around the established drip line of all such trees. The purpose of such fences is to prevent grading, heavy equipment work, and the storage or dumping of materials within the established drip lines of such trees. Grading or other site work within the established drip line must be only as authorized by the approved grading plan and must be supervised and approved by a landscape architect in attendance continuously during the progress of the work. Fences may be temporarily removed or omitted, upon the 288
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approval of the City Engineer or Building Official, to facilitate such authorized work. All such work must comply with the approved details to protect the tree.
(C) Coordination. Where mature trees could be affected by a grading operation, a field orientation meeting must take place prior to the commencement of the work when deemed necessary or desirable by the City Engineer or Building Official. The purpose of such meeting is to communicate the approved methods of grading and tree preservation to all parties involved with the grading operation.
Such meeting should include the City Engineer or Building Official or their authorized representatives, a representative of the Planning Department, the permittee or his or her authorized representative, the landscape architect, and the soils engineer.
(Ord. 1103, passed 3-7-05)
§ 16.47.040 PROTECTION OF WATERCOURSES AND WETLANDS.
(A) Watercourses and wetlands must, to the maximum extent feasible, be left in their natural state, with grading designed to protect such features.
(B) Grading, dredging, or any similar disturbance of a watercourse or wetland will not be permitted except in accord with an approved grading plan and provided that all permit requirements imposed by state and federal agencies with jurisdiction have been complied with. Proof of compliance with other agencies’ requirements must be provided to the satisfaction of the City Engineer or Building Official, and the Director.
(C) Watercourses and wetlands must be protected during grading operations in accord with standards and requirements of the State of California Regional Water Quality Control Board, the U.S.
Army Corps of Engineers, and other state or federal agency with jurisdiction. Proof of compliance with other agencies’ requirements must be provided to the satisfaction of the City Engineer or Building Official, and the Director.
(Ord. 1103, passed 3-7-05)
§ 16.47.050 DRAINAGE PROVISIONS.
(A) General. The drainage structures and devices required by this chapter must conform to the provisions of this section as well as recognized principles of hydraulics. (B) Disposal. Drainage facilities must be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the City Engineer or Building Official or other appropriate governmental agency as a safe place to deposit such waters. Desilting basins, filter barriers or other methods, as approved by the City Engineer or Building Official, must be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains or natural watercourses. If the drainage device discharges onto natural ground, riprap or a similar energy dissipator may be required.
(C) Site drainage. Graded building sites (building pads) must have a minimum slope of 2% toward a public street or drainage structure approved to receive storm waters. A lesser slope may be approved by the City Engineer or Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made, when the City Engineer or Building Official finds such modification will not result in unfavorable drainage conditions. The grading must provide for drainage around proposed buildings and their appurtenances.
(D) Drainage terraces required. All cut or fill slopes steeper than three horizontal to one vertical must have drainage terraces. For slopes not steeper than three horizontal to one vertical, the City Engineer or Building Official may require a drainage and terrace design to be submitted. Suitable access to permit proper cleaning and maintenance must be provided for all drainage terraces. Cut or fill slopes more than 30 feet in height must have drainage terraces provided vertical intervals not exceeding 25 feet except that where only one terrace is required, it must be at midheight. Such terraces must be not less than eight feet in width (measured horizontally from the outside edge). When the total slope height exceeds 100 feet, one terrace near midheight must be not less than 20 feet in width (measured horizontally from the outside edge). In lieu of the above, for cut and fill slopes greater than 120 feet in 289
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height, the applicant may submit a drainage and terrace design by a civil engineer to be approved by the City Engineer or Building Official.
(E) Drainage terraces construction. Drainage terraces must have a longitudinal grade of not less than 5% nor more than 12% and a minimum depth of one foot at a flow line. There must be no reduction in grade along the direction of flow unless the velocity of flow is such that the slope debris will remain in suspension on the reduced grade. Such terraces must be paved with concrete not less than three inches thick reinforced with 6-inch x 6-inch No. 10 x No. 10 welded wire fabric or equivalent reinforcing centered in the concrete slab. Drainage terraces exceeding eight feet in width need only be so paved for a width of eight feet provided such pavement provides a paved channel at least one foot in depth. Downdrains or drainage outlets must be provided at approximately 300 foot intervals along the drainage terrace or at equivalent locations. Downdrains and drainage outlets must be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal as defined in subsection (B) of this section.
(F) Overflow protection. Berms, swales or other devices must be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto the damaging face of the slope. Gutters or other special drainage controls must be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity. Swales used for slope protection must conform with subsection (H) of this section. Berms used for slope protection must be at least 12 inches above the level of the pad and must slope back at least four feet from the top of the slope. (G) Subsurface drainage. Cut and fill slopes must be provided with subsurface drainage as necessary for stability. Any required subsurface drainage facilities will be passive in design and require no ongoing monitoring to insure site stability.
(H) Interceptor drains. Paved interceptor drains must be installed along the top of all cut slopes where the height of the cut is greater than five feet measured vertically. Interceptor drains must be paved with a minimum of four inches of concrete or granite and reinforced as required for drainage terraces. They must have a minimum depth of 12 inches and a minimum paved width of 36 inches measured horizontally across the drain. The side slope of interceptor drains must not be steeper than 1- 1/2:1. The slope of the drain must be approved by the City Engineer or Building Official. (I) Drainage guidelines. All drainage devices which collect from the slopes must be screened by means of underground pipes, diagonal curvilinear drains, rock-lining, colored concrete or other approved materials to blend with the natural topography in character, color or design. Downdrains must be non-centralized to avoid a repetitive pattern. Where feasible, underground drains must be utilized.
(J) Cross lot drainage device maintenance. All cross lot drainage devices not eligible for transfer to a flood control district or similar entity must be maintained by the owner or a private entity such as a homeowners association.
(Ord. 1103, passed 3-7-05)
§ 16.47.060 EROSION AND STORMWATER CONTROL.
Best Management Practices, or BMP, must be used to control erosion and stormwater runoff during all grading and construction activities consistent with Chapter 54 (Stormwater Quality Management) of Title V of the Santa Paula Municipal Code and the Building Code. (A) Slopes. The faces of cut and fill slopes must be prepared and maintained to control erosion. This control must consist of jute netting and effective planting as described elsewhere in this section, or other devices satisfactory to the City Engineer or Building Official. (B) Planting. The surface of all cut slopes more than five feet in height and fill slopes more than three feet in height must be protected against damage by erosion by planting with grass or ground cover plants. Slopes exceeding 15 feet in vertical height must also be planted with shrubs, spaced at not to exceed ten feet on centers; or trees, spaced at not to exceed ten feet on centers; or a combination of shrubs and trees at equivalent spacings, in addition to the grass or groundcover plants. The plants selected and planting methods used must be suitable for the soil and climatic conditions of the site and in 290
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accordance with standard specifications prepared by the City Engineer or Building Official. Planting need not be provided for cut slopes rocky in character and not subject to damage by erosion and any slopes protected against erosion damage by other methods when such methods have been specifically recommended by a soil engineer, engineer geologist, or equivalent authority and found to offer erosion protection equal to that provided by the planting specified in this section. Plant material must be selected which will produce a coverage of permanent planting effectively controlling erosion. Consideration must be given to deep rooted plant material needing limited watering, to low maintenance during the lifetime of the project, to high root to shoot ratio (weight of above ground parts versus root system), wind susceptibility and fire-retardant characteristics.
(C) Irrigation. Slopes required to be planted by subsection (B) above must be provided with an approved system of irrigation, designed to cover all portions of the slope and plans therefore must be submitted and approved prior to installation. A functional test of the system may be required. For slopes less than 20 feet in vertical height, hose bibs to permit hand watering will be acceptable if such hose bibs are installed at conveniently accessible locations where a hose no longer than 50 feet is necessary for irrigation. The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that because of the type of plans selected, the planting methods used and the soil and climatic conditions at the site, an irrigation will not be necessary for the maintenance of the slope planting. (D) Plans and specifications. Planting and irrigation plans must be submitted for slopes required to be planted and irrigated by subsections (B) and (C) of this section. Except as waived by the City Engineer or Building Official for minor grading, the plans for slopes 20 feet or more in vertical height must be prepared and signed by a civil engineer or landscape architect. These plans must be approved by the city prior to issuance of the grading permit unless other provisions are made to the satisfaction of the City Engineer or Building Official. The responsibility of maintenance of drainage terrace must be clearly stated on the grading plan to the satisfaction of the City Engineer or Building Official. (E) Rodent control. Fill slopes steeper than two horizontal and one vertical within a grading project located adjacent to undeveloped and unoccupied land (as determined by the City Engineer or Building Official) to be infested by burrowing rodents, must be protected from potential slope damage by a preventative program of rodent control.
(F) Release of security. The planting and irrigation systems required by this section must be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of any grading security, the planting must be well established and growing on the slopes and, where required by subsection (E) of this section, there must be evidence of an effective rodent control program. (G) Other devices. Where necessary, check dams, cribbing, riprap or other devices or methods must be employed to control any erosion. Also, jute netting must be immediately installed on any slopes having a vertical height of seven feet or more and steeper than 3:1 (horizontal: vertical) to minimize or control erosion problems.
(H) Maintenance. Graded and/or landscaped areas are to be maintained in accordance with the original landscape plans and design concept per the originally approved subdivision or development plans. Any alteration of landscape plans or of areas must be approved by the city. Homeowner encroachments such as fences, block walls, structures, unauthorized plantings, alterations to the irrigation, grading or drainage are not allowed. Any approved alterations must be done by city-authorized crews through an approved city permit. Failure to comply with this section will constitute a use of land contrary to the provisions of this Code and is deemed a public nuisance under this Code. (Ord. 1103, passed 3-7-05)
§ 16.47.070 DUST PREVENTION AND CONTROL PROVISIONS.
To protect the health, safety, and general welfare, all construction sites must make all reasonable efforts to prevent or control blowing dust and debris. Property owners shall be responsible for maintaining their property in such a manner that dust and other wind borne debris transported to adjacent properties are kept to reasonable minimal levels. In the case of site grading and other construction operations, it will also be the responsibility of the permittee to make all reasonable efforts to control blowing dust and debris 291
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onto adjacent properties. When grading operations involve the hauling of dirt from one site to another, it is also the permittee’s responsibility to maintain the public streets in a clean condition and limit any spillage that would generate dust or other blowing debris.
(A) Dust prevention and control plan required. A dust prevention and control plan shall be submitted in conjunction with a grading plan or other plan involving the movement of dirt. The City Engineer or Building Official may also require the submittal of a dust prevention and control plan for other development deemed necessary.
(B) Plan requirements. The plan shall demonstrate that the discharge of dust from the construction site will not occur or can be controlled to an acceptable level depending on the particular site conditions and circumstances. The plan shall address site conditions during construction operations, after normal working hours, and during various phases of construction. The plan shall include the name and the 24-hour phone number of a responsible party in case of emergency. If the importing or exporting of dirt is necessary as demonstrated by the cut and fill quantities on the grading plan, the plan shall also include the procedures necessary to keep the public streets and private properties along the haul route free of dirt, dust, and other debris. When an entire project is to be graded and the subsequent construction on the site is to be completed in phases, the portion of the site not under construction shall be treated with dust preventive substance or plant materials and an irrigation system. All phased projects shall submit a plan demonstrating that dust will not be generated from future phase areas. (C) Plan review. The City Engineer or Building Official will be responsible for the review and approval of the dust prevention and control plan. This plan shall be incorporated into the grading plan and constructive notice shall be placed on the grading plan to notify the owner and contractors of the need to comply with the dust prevention and control plan.
(D) Dust control compliance statement. A dust control compliance statement form must be completed and signed by the property owner.
(E) Inadequate dust prevention and control measures. If an investigation of the project site indicates that dust prevention and control measures are inadequate, the City Engineer or Building Official may limit or halt all activities on the site until adequate dust prevention and control measures are achieved. The City Engineer or Building Official may charge the property owner and/or contractor for reasonable costs related to providing the necessary site inspections to determine the adequacy of the dust control plan.
(F) Notice of inadequate prevention and control measures. If it is determined that a property in violation of 16.47.030, the City Engineer or Building Official may deliver the property owner or contractor a written notice of violation, and the property owner or contractor will then have 24 hours to bring the site into compliance. If after 24 hours, the site is not brought into compliance or an extension of time has not been granted by the City Engineer or Building Official, the violation may be prosecuted by the City Attorney as a misdemeanor violation of the Municipal Code. (G) Responsibility for adequate dust prevention and control. The approval of a dust prevention and control plan does not relieve the owner or contractors of the responsibility to implement whatever additional measures may be required to properly prevent and control dust as required by
16.47.060.
(H) NPDES Stormwater Regulations. The dust prevention and control plan and any additional measures that may be necessary for the adequate prevention and control of dust must comply with all applicable NPDES Stormwater Regulations.
(Ord. 1103, passed 3-7-05)
CHAPTER 16.48:GENERAL PROVISIONS
Section
16.48.010 Purpose and intent
16.48.020 Definitions
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16.48.030 Exempt activities
§ 16.48.010 PURPOSE AND INTENT.
(A) Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16 are adopted pursuant to the California Surface Mining and Reclamation Act of 1975 (Cal. Pub. Res. Code §§2710 et seq.).
(B) The City Council finds and declares that the extraction of minerals is essential to the continued economic well-being of the state and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.
(C) The Council further finds that the reclamation of mined lands as provided in Chapters
16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16 will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
(D) The Council further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different, and that reclamation operations and the specifications for the reclamation may vary accordingly. (Ord. 1103, passed 3-7-05)
§ 16.48.020 DEFINITIONS.
The following words, terms and phrases, when used in Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
EXPLORATION or PROSPECTING. The search for minerals by geological, geophysical, geochemical or other techniques, including but not limited to sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.
MINED LANDS. Includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from or are used in surface mining operations are located.
MINERALS. Any naturally occurring chemical element or compound or groups of elements and compounds formed from inorganic processes and organic substances including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.
MINING WASTE. The residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from or displaced by surface mining operations.
OPERATOR. Any person who is engaged in surface mining operations himself or herself or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation.
OVERBURDEN. Soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.
RECLAMATION. The process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures. 293
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STATE BOARD. The State Mining and Geology Board, in the Department of Conservation. STATE GEOLOGIST. The individual holding office as structured in Cal. Pub. Res. Code 677.
SURFACE MINING OPERATIONS. All or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits; open-pit mining of minerals naturally exposed; mining by the auger method; dredging and quarrying; or surface work incident to an underground mine. Surface mining operations include, but are not limited to:
(1) In-place distillation, retorting or leaching;
(2) The production and disposal of mining waste; and
(3) Prospecting and exploratory activities.
(Ord. 1103, passed 3-7-05)
§ 16.48.030 EXEMPT ACTIVITIES.
The provisions of Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16 are not applicable to the following:
(A) Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster, provided the grading and removal of material do not exceed that required to meet the primary objective.
(B) Prospecting and exploration for minerals of commercial value where less than 1,000 cubic yards of overburden is removed in any one location of one acre or less. (C) Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores, and overburden or involve more than one acre in any one location.
(D) Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose. (E) Such other mining operations that the city determines to be of an infrequent nature and which involve only minor surface disturbances and are categorically identified by the State Board pursuant to Cal. Pub. Res. Code §2714(d) and 2758(c).
(Ord. 1103, passed 3-7-05)
CHAPTER 16.49:PERMIT AND RECLAMATION PLAN
Section
16.49.010 Conditional use permit and reclamation plan required
16.49.020 Annual report required
16.49.030 Compliance with State Surface Mining and Reclamation Act
16.49.040 Performance bond
16.49.050 Periodic inspection
16.49.060 Amendments to conditional use permit or reclamation plans § 16.49.010 CONDITIONAL USE PERMIT AND RECLAMATION PLAN REQUIRED. (A) Any person, except as provided in Cal. Pub. Res. Code § 2776, who proposes to engage in surface mining operations must, prior to the commencement of such operations, obtain the following:
(1) A conditional use permit to mine in accordance with Chapter 16.63 of this Title
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(2) Approval of a reclamation plan in accordance with Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16 and as further provided in Cal. Pub. Res. Code §§ 2770 et seq.
(B) No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1975 will be required to secure a conditional use permit as long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16. A person will be deemed to have such vested rights if, prior to January 1, 1976, that person has in good faith and in reliance upon a conditional use permit, if such a permit was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary for the operation. (C) A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 must submit to the Director a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. The reclamation plan will be approved or denied within three months of the date the Director deems the plan complete.
(D) Nothing in Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16 will be construed as requiring the filing of a reclamation plan or the reclamation of mined lands on which surface mining operations were conducted prior to but not after January 1, 1976. (Ord. 1103, passed 3-7-05)
§ 16.49.020 ANNUAL REPORT REQUIRED.
The owner, lessor, lessee, agent, manager, or other person in charge of any mining operation of whatever kind or character within the state must forward to the Director of the State Department of Mines and Geology and the city not later than July 1, 1991, and every year thereafter not later than an anniversary date established by the Director, upon forms which are supplied by the state, a report which contains all the required information specified in Cal. Pub. Res. Code 2207 §§ et. seq. (Ord. 1103, passed 3-7-05)
§ 16.49.030 COMPLIANCE WITH STATE SURFACE MINING AND RECLAMATION ACT. (A) The state geologist will be notified of the filing of all applications. (B) Required reclamation plans must consist of at least those items as outlined in Cal. Pub.
Res. Code 2770 §§ et seq.
(Ord. 1103, passed 3-7-05)
§ 16.49.040 PERFORMANCE BOND.
Upon a finding by the Planning Commission that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the Director of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, lien, or other security guarantee conditioned upon the faithful performance of the reclamation plan must be filed with the City Clerk. The surety must be executed in favor of the city and will be reviewed and revised, as necessary, bi-annually. The surety must be maintained in an amount equal to the cost of completing the remaining reclamation of the site, as prescribed in the approved or amended reclamation plan, during the succeeding two-year period or other reasonable term.
(Ord. 1103, passed 3-7-05)
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§ 16.49.050 PERIODIC INSPECTION.
As a condition of approval for the conditional use permit or the reclamation plan or both, a schedule for periodic inspections of the site will be established to evaluate continuing compliance with the permit and the reclamation plan.
(Ord. 1103, passed 3-7-05)
§ 16.49.060 AMENDMENTS TO CONDITIONAL USE PERMIT OR RECLAMATION PLAN.
Amendments to an approved conditional use permit for surface mining activity or to an approved reclamation plan must be processed in the same manner as the original permit application. (Ord. 1103, passed 3-7-05)
CHAPTER 16.50:REGULATIONS FOR OPERATION OF SURFACE MINE Section
16.50.010 Access and circulation
16.50.020 Performance standards
16.50.030 Fencing and signage
16.50.040 Removal of buildings and equipment
§ 16.50.010 ACCESS AND CIRCULATION.
(A) All access points from a mining operation directly to a public roadway must have adequate sight distance provided to ensure traffic safety. (B) The City Engineer may require the mine operator to post access points to the mine to provide traffic direction to mining vehicles and to ensure traffic safety. (Ord. 1103, passed 3-7-05)
§ 16.50.020 PERFORMANCE STANDARDS.
(A) Dust control. Roads, driveways, and parking areas on the site must be maintained to control dust and to comply with applicable regulations established by the Ventura County Air Pollution Control District.
(B) Drainage and erosion control.
(1) Surface drainage must be controlled to prevent the addition of silt or loose material above or beyond that normally occurring in any existing drainage course. (2) Silt, sand, and dirt must be controlled in a manner that prevents such materials from being deposited on adjacent properties and public rights-of-way. (3) All provisions to control watercourses must be designed to prevent overflow or diversion of water away from the natural point of discharge. (4) Adequate provisions for conveyance of water across and from the site and for long-term retention of water must be accomplished in a manner so as to minimize potential damages from erosion and landslide.
(Ord. 1103, passed 3-7-05)
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§ 16.50.030 FENCING AND SIGNAGE.
(A) Fencing.
(1) Fencing must be provided to enclose excavation areas, settling basins, and other areas that pose potential public health and safety hazards. Fencing must consist of, at a minimum, a sixfoot-high steel, chain link, or similar fence. Such fencing must be maintained in good condition and repair. (2) Gates of the same material and height as the fence must be installed at all points of vehicular or pedestrian access. Said gates must be equipped with keyed locks and must be kept locked at all times when not in regular use.
(B) Signage.
(1) Within 90 days after a permit has been issued pursuant to the provisions of Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16, the outer boundaries of the site must be continuously posted with signs not less than 500 feet apart and along each property line.
Said sign must contain letters at least four inches high stating the following or similar language:
“THIS PROPERTY MAY BE USED FOR THE MINING, QUARRYING, OR COMMERCIAL EXTRACTION OF SAND, GRAVEL, ROCK, AGGREGATE, CLAY, AND SIMILAR MATERIALS. PLEASE OBSERVE APPROPRIATE SAFETY PRECAUTIONS.”
(2) Required signs must be of a durable, weather-resistant material and must be maintained in legible condition.
(Ord. 1103, passed 3-7-05)
§ 16.50.040 REMOVAL OF BUILDINGS AND EQUIPMENT.
Buildings and equipment used in surface mining and quarrying operations must be removed within six months of the termination of surface mining and quarrying operations. (Ord. 1103, passed 3-7-05)
CHAPTER 16.51:GROWTH MANAGEMENT
Section
16.51.010 Purpose and intent
16.51.020 Application and exceptions
16.51.030 Regulations by resolution
16.51.040 Time limits
16.51.050 Other applicable regulations
§ 16.51.010 PURPOSE AND INTENT.
This chapter establishes the authority of the City Council to issue regulations that place limitations on the issuance of residential building permits within specified time periods. Such limitations are considered necessary to ensure that the rate and/or level of residential growth in the city is consistent with regional growth management and resource protection plans.
(Ord. 1104, passed 7-19-04)
§ 16.51.020 APPLICATION AND EXCEPTIONS.
The provisions of this chapter apply to all residential developments that result in the creation of a new dwelling unit within any type of residential development project, with the following exceptions:
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(A) Single-family homes on vacant legal lots of record on the effective date of City Council Ordinance No. 832.
(B) Residential units that are constructed to replace demolished units, provided the replacement construction occurs within one year of the demolition, that the replacement occurs on a 1-to1 basis, and that the demolition was accomplished with a valid city permit. (C) Second dwelling units (“granny flats”) constructed pursuant to Chapter 16.08 Division 4 (Second Dwelling Units) of this Title 16.
(Ord. 1104, passed 7-19-04)
§ 16.51.030 REGULATIONS BY RESOLUTION.
(A) The City Council may, from time to time, issue by resolution regulations to provide for the administration and implementation of this chapter, including the establishment of fees to provide for the processing of applications. The regulations provide for limitations on the issuance of building permits for residential units based on the limits established by the Ventura County Air Quality Management Plan and the 208 Water Quality Plan, as said plans may be amended over time. (B) The provisions of this chapter will in no way require that the city issue permits for a project which may not exceed the population limitations which may be set forth by resolution. The city will have the right to review, approve, and deny residential development proposals through the ordinary discretionary review processes set forth in Chapters 16.54 through 16.71 (Administration of Development Code) in this Title 16.
(C) The city may carry over allocations for previous review periods into future review periods. (Ord. 1104, passed 7-19-04)
§ 16.51.040 TIME LIMITS.
Time limits for submitting building plans, obtaining approved plans, and commencement and completion of construction may be established by Resolution of the City Council. (Ord. 1104, passed 7-19-04)
§ 16.51.050 OTHER APPLICABLE REGULATIONS.
In addition to the requirements contained in this Chapter 16.51, the provisions of Chapter 16.54 (Administration of the Development Code) and City Council Ordinance No. 832 apply to growth management allocations.
City Council Ordinance No. 832
(Ord. 1104, passed 7-19-04)
CHAPTER 16.52:TRANSPORTATION DEMAND MANAGEMENT
Section
16.52.010 Purpose and intent
16.52.020 Applicability
16.52.030 Transportation demand and trip reduction measures
16.52.040 Review of transit impacts
16.52.050 Monitoring and enforcement
16.52.060 Definitions
§ 16.52.010 PURPOSE AND INTENT.
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(A) The Ventura County Transportation Commission (VCTC) is responsible for the preparation of the Congestion Management Plan (CMP) for the County. Among the state-mandated elements of the CMP is a trip reduction and transportation demand management element that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, walking, park-and-ride lots, improvement in the balance between jobs and housing, and other strategies, including flexible work hours, telecommuting and parking management programs. The goals and policies of the CMP also support the increased use of low- and no-emission vehicles. (B) This chapter is intended to promote trip and travel demand reduction measures in the city and to meet the TDM facilities ordinance adoption requirement as set out in the CMP. The requirements of District Rule 210 are separate from this chapter and administrated by the District. This chapter sets forth the minimum requirements for meeting the CMP. Employers are encouraged to offer or provide additional inducements to use alternatives to single-occupant vehicles to their employees necessary to meet Rule 210 requirements.
(Ord. 1104, passed 7-19-04)
§ 16.52.020 APPLICABILITY.
Prior to approval of any development project, the applicant must make provision for, at a minimum, all the applicable transportation demand management and trip reduction measures contained in this chapter. (Ord. 1104, passed 7-19-04)
§ 16.52.030 TRANSPORTATION DEMAND AND TRIP REDUCTION MEASURES. (A) Nonresidential development projects: 50 to 99 employees. Nonresidential development projects serving 50 to 99 employees must provide a bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it.
Information in the area must include, but is not limited to, the following:
(1) Current maps, routes and schedules for public transit routes serving the site; (2) Ridesharing promotional material supplied by commuter-oriented organizations; (3) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency, Dial-A-Route, and local transit operators; (4) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; and
(5) A listing of facilities and services available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.
(B) Nonresidential development projects: 100 to 149 employees. Nonresidential development projects with 100 to 149 employees must comply with subsection (A) above and must provide all of the following to the satisfaction of the city:
(1) Not less than 10% of the employee parking area must be located as close as practical to the employee entrance(s) and must be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area must be identified on the site plan upon application for a building permit, to the satisfaction of the city. A statement that preferential carpool/vanpool spaces for employees are available and description of the method for obtaining such spaces must be included on the required transportation information board.
Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of 50,000 square feet to 100,000 square feet, and two spaces for projects over 100,000 square feet, will be signed/striped for carpool/vanpool vehicles. (2) Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of 7 feet 2 inches must be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii 299
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and parking space dimensions (minimum 9 feet by 19 feet) must also be included in vanpool parking areas.
(3) Bicycle lockers or other secure bicycle parking must be provided near building entrances to accommodate four bicycles per the first 50,000 square feet of gross floor area and one bicycle per each additional 50,000 square feet. Calculations that result in a fraction of 0.5 or higher must be rounded up to the nearest whole number. Specific facilities and locations (e.g. provision of racks, lockers, or locked room) must be to the satisfaction of the city. (4) Safe and convenient access from the external circulation system to bicycle parking facilities on site.
(C) Nonresidential development projects: 150+ employees. Nonresidential development serving 150 or more employees must comply with subsections (A) and (B) above and must provide all of the following measures to the satisfaction of the city:
(1) A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers. Passenger loading areas should be located as close as possible to the building entrance and should be designated in a manner that does not impede vehicular circulation in the parking area.
(2) Sidewalks or other designated pathways following, to the greatest extent feasible, direct and safe routes from the external pedestrian circulation system to, and between, each building in the development.
(3) If determined necessary by the city to mitigate project traffic congestion or air quality impacts, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate improvements (e.g. bus pullouts, bus pads, shelters, and the like).
When locating bus stops and/or planning building entrances, entrances should be designed to provide safe and efficient access to nearby transit stations/stops. (4) Development design must incorporate, to the extent feasible, showers, changing rooms, lockers, and the like, for employees who bicycle, jog or walk to work. (5) Development design must incorporate lunchrooms, cafeterias, eating establishments, and other facilities that will reduce the need for mid-day driving. (6) Development design must incorporate, to the greatest extent feasible, interconnected circulation systems, such as joined parking lots, to reduce the need for cars to travel on the street when traveling from one business to another. (D) Residential development projects: 100 to 349 units. Residential development projects of 100 to 349 dwelling units must provide the following to the satisfaction of the city:
(1) Safe, convenient, and direct pedestrian and bicycle access from the internal circulation system to adjacent collector and/or arterial roadways. (2) If determined necessary by the city, bus stop improvements must be provided.
The city will consult with the local bus service providers in determining appropriate improvements. (E) Residential development projects: 350+ units. Residential development of 350 dwelling units or more must comply with subsection (D) above and must comply with the following to the satisfaction of the city:
Development design must, to the greatest extent possible and as appropriate based on adjacent land use and markets, incorporate services such as dry cleaners, eating establishments, child care facilities, grocery markets, neighborhood work centers and other facilities which will reduce home-based vehicle trips and vehicle miles traveled. Such services must, to the greatest extent feasible, interconnect to circulation systems.
(F) Maintenance of facilities. All facilities and improvements construction or otherwise required must be maintained in a state of good repair.
(Ord. 1104, passed 7-19-04)
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§ 16.52.040 REVIEW OF TRANSIT IMPACTS.
(A) Prior to approval of any development project for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed-route transit operators providing service to the project must be identified and consulted to provide input. Pursuant to the provision of CEQA, transit operators will be sent a Notice of Preparation (NOP) for all contemplated EIRs and will, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator will be evaluated in the draft EIR prepared for the project. Related mitigation measures adopted will be monitored through the mitigation monitoring requirements of CEQA.
(B) Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals need not repeat this process as long as no significant changes are made to the project. It will remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR. (Ord. 1104, passed 7-19-04)
§ 16.52.050 MONITORING AND ENFORCEMENT.
(A) Compliance with the standards required in this chapter will be ensured by the following two methods:
(1) Prior to the issuance of the certificate of occupancy for projects which are newly constructed or expanded, city staff will inspect the property to ensure that all amenities, facilities and measures required in this chapter and all conditions of approval have been fulfilled; and (2) Prior to the issuance of a business license, staff will inspect all projects for which amenities, facilities, and measures or conditions of approval were provided in order to comply with this chapter, to ensure ongoing compliance with the standards or conditions of this chapter. For example, if preferential parking spaces and bicycle lockers were installed on a project in order to meet the requirements of this chapter, all subsequent property owners must maintain the same amenities, facilities, or measures.
(B) Failure to comply with this chapter will be enforced according to applicable provisions of this Title 16.
(Ord. 1104, passed 7-19-04)
§ 16.52.060 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE TRANSPORTATION. The use or modes of transportation other than the singlepassenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.
APPLICABLE DEVELOPMENT. Any development project that is determined to meet or exceed the project size threshold criteria contained in § 16.52.030.
BUSPOOL. A vehicle with at least 16 seating positions used and maintained primarily for carrying commuters to and from work.
CARPOOL. A vehicle occupied by two or more persons aged 16 years or older commuting to or from work and/or school.
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DEVELOPER. The builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this chapter as determined by the property owner if defined by a legal agreement.
DEVELOPMENT. The construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of the ordinance codified in this chapter and which exceed the thresholds defined in § 16.27.030 will comply with the applicable requirements but will not be added cumulatively with existing square footage; existing square footage will be exempt from these requirements. All calculations will be based on gross square footage.
EMPLOYEE PARKING AREA. The portion of the total required parking at a development used by on-site employees. For information purposes, based upon information developed by the Institute of Transportation Engineers (ITE), broad employee parking needs could be calculated as follows:
Type of Use % of Required Parking
Devoted to Employees
Commercial 30%
Office/Professional 85%
Industrial/Manufacturing 95%
NEIGHBORHOOD WORK CENTER. A location in a community where facilities are provided either by public or private means for shared employee work activities.
PREFERENTIAL PARKING. Parking spaces designated or assigned, through use of a sign or painted space markings, for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single-occupant vehicles.
TRANSPORTATION DEMAND MANAGEMENT (TDM). The alteration of travel behavior, usually on the part of commuters, through programs of incentives, services and policies. TDM addresses alternatives to single-occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate then altogether (as is the case in telecommuting or compressed work weeks).
TRIP. At a minimum, the starting of an engine and the travel from an origin to a destination. If the trip is nonstop, it also means the round trip to and from an origin.
TRIP REDUCTION. Reduction in the number of work-related trips made by single-occupant vehicles.
VANPOOL. A group of at least seven commuters traveling to work in a vehicle designed for carrying more than six but less than 16 persons, including the driver, which is maintained and used primarily for work related transportation of adults for the purpose of ride sharing. (Ord. 1104, passed 7-19-04)
CHAPTER 16.53:NONCONFORMITIES
Section
16.53.010 Purpose and intent
16.53.020 Establishment of nonconforming status
16.53.030 Nonconforming uses - continued use after damage or destruction
16.53.040 Nonconforming use - voluntary demolition of structure
16.53.050 Nonconforming use - lack of conditional use permit
16.53.060 Nonconforming use - allowed only by conditional use permit
16.53.070 Continuation and maintenance
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16.53.080 Nonconforming status tied to property
16.53.090 Abatement
16.53.100 Nonconforming uses - allowable changes
16.53.110 Abandonment
16.53.120 Nonconforming structures - generally
16.53.130 Nonconforming structures - reconstruction of multi-family residential structures
16.53.140 Nonconforming structures - reconstruction of single-family dwellings and non-residential structures
16.53.150 Nonconforming fences and walls
16.53.160 Historic properties
16.53.170 Nonconforming lot
16.53.180 Nonconformity abatement - notice
16.53.190 Public hearing
16.53.200 Findings and decisions
16.53.210 Appeals
16.53.220 Extension of time
16.53.230 City removal
§ 16.53.010 PURPOSE AND INTENT.
This chapter establishes regulations for legal nonconforming land uses, structures, and parcels.
These are land uses, structures, and parcels within the city that were lawfully established, constructed, or subdivided before the adoption or amendment of this Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Code or its amendments. This chapter is intended to encourage the city’s continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property or business owners. (Ord. 1104, passed 7-10-04; Am. Ord. 1181, passed 11-19-07) § 16.53.020 ESTABLISHMENT OF NONCONFORMING STATUS.
(A) Applicability. Nonconforming uses, structures and lots within the city may continue to be used, and may be maintained, altered, expanded, reconstructed, or replaced only as allowed by this chapter.
(B) This chapter does not apply to any nonconforming structures owned in whole or part by the city. Nothing in this chapter is intended to, nor can it, require the city to remove a publicly owned nonconforming structure or use.
(C) Effective date. Whenever a use, structure, or lot becomes nonconforming as a result of amending this Code, the time period for eliminating the use established by this Code is computed from the effective date of the amendment.
(D) Legal nonconforming use. An existing use, structure, or lot is deemed to be “legal nonconforming” if, prior to its establishment, such use, structure, or lot was established or created in full conformance with applicable regulations in effect at the time of such establishment or creation. (Ord. 1104, passed 7-19-04; Am. Ord. 1181, passed 11-19-07) 303
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§ 16.53.030 NONCONFORMING USES – CONTINUED USE AFTER DAMAGE OR DESTRUCTION. (A) Unless otherwise provided by applicable law, a nonconforming residential use occupying a structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner’s control may be re-established.
(B) Unless otherwise provided by applicable law, a nonconforming non-residential use occupying a structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner’s control may be re-established with a conditional use permit. (Ord. 1181, passed 11-19-07)
§ 16.53.040 NONCONFORMING USE – VOLUNTARY DEMOLITION OF STRUCTURE.
A nonconforming use which occupies a structure that is voluntarily demolished or demolished because of a maintenance failure or other neglect can be replaced only with a use that complies with all applicable provisions of this Code.
(Ord. 1181, passed 11-19-07)
§ 16.53.050 NONCONFORMING USE – LACK OF CONDITIONAL USE PERMIT.
A use that is nonconforming because it lacks a conditional use permit may continue only to the extent that it previously existed (e.g., floor or site area occupied by the use, hours of operation). Any change to such use requires a conditional use permit.
(Ord. 1181, passed 11-19-07)
§ 16.53.060 NONCONFORMING USE – ALLOWED ONLY BY CONDITIONAL USE PERMIT.
A nonconforming use previously allowed by a conditional use permit but is no longer permitted by the Code within the applicable zoning district can continue in operation, but only in compliance with all provisions of the original conditional use permit.
(Ord. 1181, passed 11-19-07)
§ 16.53.070 CONTINUATION AND MAINTENANCE.
A nonconforming non-residential use, structure, or lot may continue to be used until such time it is required to be abated provided no alterations, expansions, or modifications of area or use are made, except as otherwise permitted by this chapter.
(Ord. 1181, passed 11-19-07)
§ 16.53.080 NONCONFORMING STATUS TIED TO PROPERTY.
Restrictions and conditions affecting nonconforming uses, structures, and lots apply to that use, building, and structures, and are not affected by ownership changes. (Ord. 1181, passed 11-19-07)
§ 16.53.090 ABATEMENT.
Non-residential nonconforming uses must be abated or brought into conformance with this Code in accordance with the following amortization schedule:
TABLE 53-1 Abatement of Nonconforming Nonresidential Uses Zone or Use Abatement
Schedule
1. In any zone, a nonconforming non-residential use not occupying a structure.
1 year
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Zone or Use Abatement
Schedule
2. In any zone, a nonconforming non-residential use
located in a structure with less than 100 square feet of gross floor area.
3 years
3. Any zone – Use not permitted 5 years
(Ord. 1181, passed 11-19-07)
§ 16.53.100 NONCONFORMING USES – ALLOWABLE CHANGES.
(A) Enlargement or expansion. A nonconforming use cannot be enlarged or increased to occupy a greater floor area or portion of the site than it lawfully occupied before becoming a nonconforming use. Alterations which do not increase or enlarge a nonconforming use may be approved. (B) Extended hours. The hours of business for a nonconforming use may be expanded to operate under extended business hours with a conditional use permit. (C) No nonconforming use can be changed to a less restrictive nonconforming use. (Ord. 1181, passed 11-19-07)
§ 16.53.110 ABANDONMENT.
A nonconforming use that is voluntarily discontinued or ceased operations for a continuous period of 12 months or more cannot be re-established on the site. Any further use of an existing structure or site must be used in conformity with all applicable provisions of this Code. (Ord. 1181, passed 11-19-07)
§ 16.53.120 NONCONFORMING STRUCTURES – GENERALLY.
(A) Expansions. A nonconforming structure cannot be expanded, except as required by law, unless such expansion results in elimination of the nonconformity. (B) Maintenance, repair, and alterations. A nonconforming structure may be regularly maintained and repaired. Alterations without expansion are permitted if they improve the appearance or stability of the structure.
(C) A building or structure which does not conform to the yard regulations applicable to the zone in which such building or structure is located may be structurally altered only when:
(1) The alteration causes the building or structure to conform to the applicable yard regulations;
(2) The alteration or enlargement does not project into any required yard; or (3) The alteration or enlargement is an extension of that portion of the existing building or structure that encroaches into a required yard; provided, however, the alteration or enlargement cannot extend into the required yard farther than the existing portion and cannot have an area greater than 50% of the area of the existing portion within the required yard (see Figure 110-1). This allowance may only be utilized once on a property; future alterations or enlargements after the initial 50% allowance has been used on a property may not encroach into the required yard. 305
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(Ord. 1181, passed 11-19-07)
§ 16.53.130 NONCONFORMING STRUCTURES – RECONSTRUCTION OF MULTI-FAMILY RESIDENTIAL STRUCTURES.
Except as otherwise provided by applicable law, a residential nonconforming structure containing two or more dwelling units that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner’s control may be reconstructed in compliance with this Code as follows. (A) The replacement structure contains at most the same number of dwelling units and floor area as the damaged structure;
(B) The replacement structure complies with all other applicable provisions of this Code to the maximum extent feasible;
(C) Reconstruction or rebuilding of the structure will not be detrimental or injurious to the health, safety, or general welfare of the persons residing or working in the neighborhood, or will not be detrimental or injurious to the property and improvements in the neighborhood; (D) A complete application for reconstruction is submitted within 12 months of the date of damage, and reconstruction is commenced within 180 days of land use permit approval; and (E) Reconstruction, restoration, or rebuilding of a multi-family dwelling or duplex may be prohibited if the Planning Commission finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood. (Ord. 1181, passed 11-19-07)
§ 16.53.140 NONCONFORMING STRUCTURES – RECONSTRUCTION OF SINGLE-FAMILY DWELLINGS AND NONRESIDENTIAL STRUCTURES.
Except as otherwise provided by applicable law, a damaged single-family dwelling or non-residential structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner’s control may be reconstructed in compliance with this Code as follows. (A) Less than 50% destruction. A structure with 50% or more of the total length of its original exterior walls remaining in place after the damaging event, requiring no replacement, may be reconstructed provided that:
(1) The reconstructed structure occupies the same footprint or decreases the nonconformity of the structure, and is of no greater height than the original structure; and, (2) A complete application demonstrating compliance with Title 15 for reconstruction is submitted within 12 months of the date of damage, and reconstruction is commenced within 180 days of land use permit approval.
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(B) More than 50% destruction. A structure that is damaged so that more than 50% of the total length of its exterior walls must be replaced, may also be reconstructed, provided that:
(1) The reconstructed structure occupies the same footprint or decreases the nonconformity of the structure, complies with the city’s design standards to the extent feasible, and is of no greater height than the original structure;
(2) A complete application for reconstruction demonstrating compliance with Title 15 is submitted within 12 months of the date of damage, and reconstruction is commenced within one year from land use permit approval; and;
(3) The reconstructed structure must provide at least as much parking as previously existed and as much as determined by the Director to be feasible. (C) Replacement after destruction of nonconforming residential structures. A nonconforming residential structure that is completely destroyed by fire, earthquake, or other calamity beyond the property owner’s control may be replaced provided that:
(1) The replacement structure occupies the same footprint or decreases the nonconformity of the structure, complies with the city’s design standards to the extent feasible, and is of no greater height than the original structure; and
(2) A complete application for reconstruction demonstrating compliance with Title 15 is submitted within 12 months of the date of damage, and reconstruction is commenced within one year from land use permit approval.
(D) Replacement after destruction of nonconforming non-residential uses. A nonconforming non-residential structure that is completely destroyed by fire, earthquake, or other calamity beyond the property owner’s control can be replaced only with a structure that complies with all applicable provisions of this Code.
(Ord. 1181, passed 11-19-07)
§ 16.53.150 NONCONFORMING FENCES AND WALLS.
Nonconforming fences and walls cannot be enlarged or altered unless they are altered to conform with this Code.
(Ord. 1181, passed 11-19-07)
§ 16.53.160 HISTORIC PROPERTIES.
Based upon substantial evidence, the Planning Commission can find that a national-, state-, or localdesignated historic use or structure is nonconforming and exempt from this chapter. (Ord. 1181, passed 11-19-07)
§ 16.53.170 NONCONFORMING LOT.
(A) Allowed use of a nonconforming parcel. A parcel that does not comply with the applicable requirements of this Code for minimum lot area, dimensions, or access, is considered to be a legal building site for the purposes of development or the establishment of a new land use only if:
(1) The parcel was previously a legal lot of record; or (2) The parcel has a Certificate of Compliance.
(B) Development and use standards. Any proposed development or use of a nonconforming parcel must comply with all applicable requirements of this Code. (C) Further division prohibited. A nonconforming parcel cannot be further subdivided, and its boundaries may be changed through lot line adjustment only if the extent of the nonconformity remains unchanged or is reduced.
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(Ord. 1181, passed 11-19-07)
§ 16.53.180 NONCONFORMITY ABATEMENT – NOTICE.
(A) Upon determination by the Director that a use on a given parcel of land is a nonconforming use and the permitted abatement period has lapsed, the Director must send a notice to the owner of the parcel, as shown on the last equalized assessment roll, identifying the requirement for abatement. Such notice must be sent by a method certifying delivery of the notice. (B) The notice required by this section must state the following:
(1) The property in question contains a nonconforming use; (2) The date the use became nonconforming; and
(3) The date of required abatement established in this Code. (Ord. 1181, passed 11-19-07)
§ 16.53.190 PUBLIC HEARING.
(A) Within 30 days after the city issues a notice, the owner of the subject property may request a public hearing before the Planning Commission to consider the matter. (B) The Planning Commission must receive written and oral testimony at such hearing with regard to abatement of the nonconformity.
(C) At the close of the public hearing, the Planning Commission must find and determine whether the nonconformity should be abated or whether a time extension should be granted. The Commission must base its decision as to the length of the permitted abatement period on evidence including, without limitation, the depreciation schedule attached to the owner’s latest federal income tax return.
(D) The Planning Commission must also find and determine whether the nonconformity can economically be used in its present condition or if the nonconformity can be successfully modified for a purpose permitted by the zone in which it is located.
(Ord. 1181, passed 11-19-07)
§ 16.53.200 FINDINGS AND DECISIONS.
(A) The decision of the Planning Commission and the findings in support of the decision must be in the form of a written order and be served to the property owner personally or by a method certifying delivery within ten calendar days after the decision is rendered. (B) Findings must be made as to whether or not the balancing of the public interest and the request by the owner for continuance complies with the intent of this Title 16. (Ord. 1181, passed 11-19-07)
§ 16.53.210 APPEALS.
The decision of the Planning Commission may be appealed to the City Council in accordance with this Code.
(Ord. 1181, passed 11-19-07)
§ 16.53.220 EXTENSION OF TIME.
(A) In establishing the time periods for the termination of nonconforming uses, the city recognizes that there may be some uses which entail a substantial investment in time and money and which require a greater period of time for abatement of the investment than that set forth in the timetable.
Any party may file a petition to the Planning Commission for an extension of time for the termination of a 308
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nonconforming use. The Planning Commission may direct the Director to conduct a study of the specific use and prepare a report recommending the appropriate time for termination of the use. (B) The Planning Commission, or the City Council on appeal, at its discretion, may grant an extension of time for the abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner.
(Ord. 1181, passed 11-19-07)
§ 16.53.230 CITY REMOVAL.
If removal of a nonconforming use is not performed within the termination period determined by the Planning Commission in accordance with this chapter, the city can remove the nonconforming use. Any cost of removal can be charged to the property owner or recorded as a lien on the subject property, in accordance with this Code.
(Ord. 1181, passed 11-19-07)
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To: Honorable Mayor and Members of the City Council
From: Dale Goodman, Public Works Director
Subject: SANTA MARIA INDUSTRIAL PARK TRACT 5428 DEVELOPER
REIMBURSEMENT
Date: October 1, 2025
Agenda Item: 10.F
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Authorize the City Manager or designee to reimburse Santa Maria Industrial Park, LLC $27,627.37 in costs for County of Ventura permitting for Tract 5428 public storm drain improvements.
BACKGROUND:
2007 Tentative Tract Map Proceedings
On March 17, 2005, James Orr of Aspen Investments Company (the “Applicant”) filed an application for a tentative tract map to subdivide an existing undeveloped parcel into ten industrial-zoned lots (the “Project”).
The Planning Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for February 27, 2007. At the request of the Planning Commission, the Applicant agreed to continue the item to April 10, 2007.
On February 27, 2007 and April 10, 2007, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by the Applicant. Following the public hearing, the Planning Commission voted to: 1) Approve and certify the Mitigated Negative Declaration (“MND”) proposed for the project; 2) Approve the Mitigation Monitoring and Reporting Program (“MMRP”); and 3) Recommend to the City Council approval of the Project for reasons stated in Planning Commission Resolution No. 3588.
On May 7, 2007 the City Council adopted Resolution No. 6394 Adopting a Mitigated Negative Declaration with Mitigation Monitoring Program and Approving Tentative Tract Map No. 5428.
Amended Project - Santa Maria Industrial Park
Council Resolution No. 6394 required the Applicant to apply to modify Tentative Tract Map No. 5428 from ten to nine lots. Accordingly, on July 10, 2012, Ron Gallagher of CATS Development filed an application for a Modification to approved Tentative Map No. 5428, a 310
Conditional Use Permit to construct an industrial subdivision, a Planned Development Permit, and Design Review on a vacant parcel located in the Industrial (I) Zone, Industrial Park Overlay (IP), Airport Safety Zone Overlay-Outer Safety Subzone (KS-OS), and Planned Development Overlay zoning district (“Amended Project”).
On May 28, 2013, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the Amended Project including, without limitation, information provided to the Commission by the Applicant's representative. The Planning Commission approved the modification with Resolution 3714 on the same date.
On December 1, 2016, the Final Map No. 5428, as modified, (hereafter, “Tract 5428”) was recorded as 164 MR 62-64 in the office of the Ventura County Recorder with the owner listed as Santa Maria Industrial Park, LLC, a California Limited Liability Company (“Developer”) owned by The Charles and Patricia Rasmussen Irrevocable Trust. The recorded map included an offer by the owner and an acceptance by City Council of an easement for the storm drain lines.
On April 16, 2018, the Assistant Public Works Director/City Engineer John Ilasin directed the Developer’s engineer in writing to obtain necessary approvals, including a Watercourse Permit, from the County of Ventura Watershed Protection District to extend the Tract 5428 public storm drain improvements to the Santa Clara River, noting the City’s responsibility for permit fees.
On June 4, 2018, the grading and improvement plans were approved for construction and included approximately 791 LF of 54” storm drain piping, a junction structure, and a new 24” low-flow by-pass storm drain piping to be dedicated the City as a public improvement per Condition #2 of Resolution 6394.
The storm drain improvements, which extend an existing City storm drain through Tract 5428 to the Santa Clara River (Attachment A), were completed to the satisfaction of the Public Works Director and were formally accepted by the City at the September 18, 2024 City Council Meeting with the adoption of Resolution No. 7541.
The storm drain improvements for Tract 5428 are fully operational. The Developer’s improvements provided for the extension of an existing City storm drain to facilitate the construction of their subdivision. In conjunction with the public storm drain improvements, water quality mitigation and trash interception facilities were constructed, which benefit the City relative to its required compliance with State water quality permit provisions.
ANALYSIS:
Following the City’s acceptance of the Tract 5428 storm drain improvements, the Developer requested reimbursement for costs associated with the County of Ventura issued Watercourse Permit 2020-088 (reference County Project 8C903, Santa Clara River Zone 2) in 2021 per their letter dated December 30, 2024 (Attachment B). Permit costs included efforts associated with permit processing, engineering, project management and construction period inspection by County staff.
The City participates in the Countywide NPDES program with related Waste Discharge Requirements for storm water (wet weather) and non-storm water (dry weather) discharges related to their role as a Municipal Separate Storm Sewer System (MS4) discharger under the 311
current permit. The permit places expectations upon the City to mitigate pollutants of concern from their stormwater prior to discharge to the Santa Clara River. In conjunction with the development of Tract 5428, the Developer constructed storm water improvements, including stormwater quality mitigation devices, at their own cost which support the City’s obligations under the current NPDES permit. The reimbursement of County permitting costs directly related to necessary connections to the Santa Clara River represent a fair and reasonable compensation for a larger and more costly effort that would otherwise be entirely the responsibility of the City.
STRATEGIC PLAN:
The Project supports the currently adopted Strategic Plan in achieving the following goals:
Infrastructure, Transportation & Mobility
Goal: Accelerate the City’s funding and investments to improve infrastructure.
FISCAL IMPACTS:
Funding for the project’s construction is provided in the FY 2025-2027 capital improvement budget, utilizing the proposed FY 2025-2026 Stormwater budget. The budgetary summary is presented in Table 1 below.
Table 1: Costs - Storm Drain Permitting
2025-2027 CIP Program Account Cost
Stormwater 206-5-5027-209 $27,627.37
Total $27,627.37
OPTIONS:
In addition to the recommended action, the Council has the following available alternative option:
1. Decline to approve reimbursement Santa Maria Industrial Park, LLC for Tract 5428 public storm drain improvements, County of Ventura permitting costs.
ATTACHMENTS:
Attachment_A_-_Storm_Drain_Map.pdf
Attachment B_Reimbursement Request.pdf
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313
Attachment B
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315
316
317
To: Honorable Mayor and Members of the City Council
From: Dale Goodman, Public Works Director
Subject: SR 150 CROSSWALK IMPROVMENTS PROJECT BID RESULTS Date: October 1, 2025
Agenda Item: 10.G
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
Reject all bids submitted for construction of the SR 150 Crosswalk Improvements Project.
BACKGROUND:
The Crosswalk Safety Improvement Program (CSIP) is an on-going capital improvement program to maintain or replace crosswalk warning lights, striping and curb ramps in accordance with disabled access regulations and current traffic safety practice. Staff identified seven intersections where the in-ground, crosswalk warning lights are no longer functioning and require replacement. Four locations on Main Street have been completed. The three remaining locations on State Route (SR) 150 at Oakdale, Virginia Terrace and Ventura are currently proposed for construction
ANALYSIS:
The City advertised the Project for bid in August, 2025. Bids were opened on September 4, 2025 and two contractors submitted bids: Toro Enterprises and Lee Construction. Bids ranged from $1,348,910 to $1,857,000. After reviewing the bids, staff noted that the lowest apparent bid submitted by Toro Enterprises was at significant variance with both the engineer’s estimate as well as the budgetary allocation contemplated by the project’s presentation and approval at the May 21, 2025 City Council meeting. Given these considerations, staff recommend rejecting the submitted bids.
Staff will review both the current scope of work as well as opportunities for sequencing activities or adjustment of specific project components that may have been contributors to the significant variance observed in the bids from the engineer’s estimates and budgetary expectations. Staff remains committed to the completion of the SR 150 Crosswalk Improvements Project, with the safety improvements contemplated in the current designs.
STRATEGIC PLAN:
The Project supports the currently adopted Strategic Plan in achieving the following goals:
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Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.
FISCAL IMPACTS:
The rejection of bids has no related fiscal impact. Any prospective re-bid effort and related contract approval would be presented to Council at a subsequent meeting with associated fiscal impacts addressed.
OPTIONS:
In addition to the recommended action, the Council has available the following alternative options:
1. Do not approve rejection of all bids submitted for construction of the SR 150 Crosswalk Improvements Project.
2. Request staff to address the fiscal impacts associated with the variance in budget versus lowest apparent bid and return to Council at a subsequent meeting.
ATTACHMENTS:
319
To: Honorable Mayor and Members of the City Council
From: Dale Goodman, Public Works Director
Subject: AMENDMENT NO. 5 TO VRSD CONTRACT NO. 19-005 REGARDING EMERGENCY MILL ST. SEWER MAIN REPLACEMENT
Date: October 1, 2025
Agenda Item: 10.H
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to execute Amendment No. 5 to VRSD Contract No. 19-005, Wastewater Collection System and Stormwater Sewer System Maintenance Agreement By and Between the City of Santa Paula and Ventura Regional Sanitation District (VRSD).
2. Approve a budget allocation request in the amount of $131,792 to Account No. 610-5- 5063-209 from the Wastewater Enterprise Fund balance to fully fund the emergency sewer main replacement and associated road repairs.
BACKGROUND:
In early June of 2025, City roads staff observed a small surface depression on Mill Street, approximately 200 feet north of Harvard Boulevard in the southbound lane. The depression measured approximately three feet in diameter and three inches in depth. Initial maintenance was performed by the Roads Division to fill and monitor the depression.
On July 8, 2025, crews returned to the site to address additional settlement and reported the issue to Public Works management. Upon inspection, staff determined that the depression appeared to be worsening, prompting immediate evaluation of the underlying infrastructure.
The City requested that VRSD inspect the sewer main beneath Mill Street, between Main Street and Harvard Boulevard. On July 9, VRSD completed a TV inspection and issued a report indicating that the sewer line had experienced severe structural degradation and required full replacement on an emergency basis.
ANALYSIS:
Camera footage and VRSD's assessment reveal that the vitrified clay pipe (VCP) sewer main is compromised, and the supporting bedding material is eroding. This condition presents two major concerns:
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Public Health and Environmental Risk: A significant amount of untreated sewage is seeping into the surrounding subgrade, posing a serious risk of groundwater contamination. Continued loss of pipe support increases the likelihood of pipe collapse, which would interrupt sanitary sewer service for the citizens of a substantial area.
Public Safety Risk: As the bedding material around the pipe continues to erode, the sinkhole will grow, and increase the potential for collapse. This puts anyone driving on the road physically at risk.
To address the immediate threat, staff requested emergency quotes from the City’s on-call contractors. The City Manager issued an emergency memorandum so that work could proceed. VRSD submitted a proposal for $161,178 to complete the road repair and sewer main replacement work under their existing on-call maintenance contract no. 19-005 and emergency work began on Monday September 8 and should be completed by September 12.
Staff recommends City Council approve Amendment No. 5 to VRSD Contract No. 19-005 (Exhibit A).
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:
In order to fund the Mill St. Repair cost of $161,178, staff will utilize an existing budget savings of $29,386 stemming from lower than expected CPI percentage, as well as request for City Council to approve an additional budget allocation of $131,792 to cover the remaining needed amount, as shown below.
Table 1: Previous Budget Allocation Request
Account
Number
Previous Budget
Allocation for FY
25/26
Actual Budget with
Annual CPI
Adjustment
Budget Available to Date
610-5-5063-209 $813,923 $786,537 $29,386
Budget Allocation Request
Account
Number
Budget Available
Request Additional
Increase
(Amendment No. 5)
Total New Increase Amount
610-5-5063-209 $29,386 $131,792 $161,178
OPTIONS:
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In addition to the recommended action, the Council has available to it the following alternative options:
1. Do not authorize the City Manager to execute Amendment No. 5 and direct staff to renegotiate one or more terms in the Amendments with VRSD. This action would significantly delay critical infrastructure repair.
2. Do not authorize the City Manager to execute Amendment No. 5 and direct staff to seek other bids for the project. This action would significantly delay critical infrastructure repair.
ATTACHMENTS:
EXHIBIT A - Santa Paula Amendment No. 5 to VRSD Contract No. 19-005 EXHIBIT B - VRSD Original Contract No. 19-005 and Amendment Nos. 1 through 4 322
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1 EXHIBIT A
Santa Paula Amendment No. 5 too VRSD Contract No. 19-
005
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2 AMENDMENT NO. 5 TO VRSD CONTRACT NO. 19-005
WASTEWATER COLLECTION SYSTEM AND STORMWATER SEWER SYSTEM
MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA
AND VENTURA REGIONAL SANITATION DISTRICT
This AMENDMENT NO. 5 (“AMENDMENT NO. 5”) to that certain WASTEWATER
COLLECTION SYSTEM AND STORMWATER SEWER SYSTEM MAINTENANCE
AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA AND VENTURA REGIONAL SANITATION DISTRICT, dated March 20, 2019 (“ORIGINAL AGREEMENT”) is made and entered into this ____ day of __________2025, by and between the VENTURA REGIONAL SANITATION DISTRICT, a public agency formed pursuant to California Health & Safety Code Section 4700 et. seq., (“DISTRICT”) and the CITY OF SANTA PAULA, a California general law city and municipal corporation (“CITY”) (each a “Party”; and together, the “Parties”.
RECITALS
A. On March 20, 2019, DISTRICT and CITY entered into the ORIGINAL AGREEMENT, wherein DISTRICT agreed to service and maintain the CITY’s wastewater collection system and separate stormwater sewer system.
B. On November 19, 2020, CITY and DISTRICT entered into AMENDMENT NO. 1 to the ORIGINAL AGREEMENT. AMENDMENT NO. 1 extended the end date of the ORIGINAL AGREEMENT to June 30, 2023 to align with the fiscal year (“FY”) and made corresponding amendments to the Base Annual Fee schedule, attached as Exhibit A-2 to the ORIGINAL AGREEMENT, including an increase to the total four-year contract amount from $1,416,201 to $1,542,201, an $81,000 increase.
C. On May 18, 2022, CITY and DISTRICT entered into AMENDMENT NO. 2 to the ORIGINAL AGREEMENT. AMENDMENT NO. 2 extended the end date of the ORIGINAL AGREEMENT to June 30, 2027, increased the contract amount for FY 2022-2023 (i.e. Contract Year 4) to $575,821, specified in greater detail the costs of services and equipment (including the addition of an exhibit with DISTRICT hourly rates), added an automatic annual Consumer Price Index (CPI) adjustment, required rebates to customers under certain conditions, and revised the grounds and conditions for termination.
D. On June 29, 2023, CITY and DISTRICT entered into AMENDMENT NO. 3 to the ORIGINAL AGREEMENT. AMENDMENT NO. 3 increased the contract amount for FY 2022-2023 (i.e. Contract Year 4) to $767,021 and for FY 2023- 2024 (i.e. Contract Year 5) to $740,066. Rates can be adjusted annually for inflation, in accordance with the U.S. Bureau of Labor Statistics’ Consumer Price 324
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3 Index (CPI) from a minimum of 0% to a maximum of 5%.
E. On August 23, 2023, CITY and DISTRICT entered into AMENDMENT NO. 4 to the ORIGINAL AGREEMENT. AMENDMENT NO. 4 increased DISTRICT compensation for FY 2023-2024 (i.e. Contract Year 5) to fund road repair and storm drain replacement work resulting from severe winter storms.
F. As used hereafter, the term “AGREEMENT” shall mean the ORIGINAL AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3., and AMENDMENT NO. 4.
G. DISTRICT and CITY now desire to enter into this AMENDMENT NO. 5 to increase DISTRICT compensation for FY 2025-2026 (i.e. Contract Year 7) to fund emergency road repair and sewer main replacement work under Mill Street.
Unless otherwise specifically defined herein, all capitalized terms will have the same meaning ascribed in the ORIGINAL AGREEMENT.
NOW, THEREFORE, in consideration of the mutual promises, terms and conditions hereinafter contained, and intending to be legally bound hereby, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
SECTION 1. The foregoing Recitals are true and correct and are made a part of this Fifth Amendment as if fully set forth herein.
SECTION 2. In addition to the work listed in the SCOPE OF SERVICES in Section 3 and Exhibit B of the Agreement, District will perform road repair and storm drain replacement work on a portion of Mill Street as shown in the vicinity map attached as Exhibit A to this Amendment No. 5 (the “Mill Street Work”). Whenever the term “Services” is used in the Agreement, it shall include the Mill Street Work.
SECTION 3. City will increase District’s compensation for FY 2025-2026 (Contract Year 7) to an amount not to exceed $947,715, an increase of $161,178. This amount is inclusive of a not to cumulatively exceed general contingency of $11,500.00 in contract change orders that must be approved by the City Manager or his designee.
SECTION 4. The contract year compensation schedule in Exhibit A-2 (“Base Annual Fee”) to the Agreement is hereby amended to read as follows:
“The Annual Fee in the first Contract Year, defined as April 1, 2019 to June 30, 2020, is an amount equal to and not to exceed $444,925. The Annual Fee not-to-exceed amount for each subsequent Contract Year during the Term is:
Contract Year Contract Date Amount
Contract Year 2 July 1, 2020 to June 30, 2021 $363,420
Contract Year 3 July 1, 2021 to June 30, 2022 $370,689
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4 Contract Year 4 July 1, 2022 to June 30, 2023 $767,021 Contract Year 5 July 1, 2023 to June 30, 2024 $932,810
Contract Year 6 July 1, 2024 to June 30, 2025 $777,069
Contract Year 7 July 1, 2025 to June 30, 2026 $947,715
Contract Year 8 July 1, 2026 to June 30, 2027 $856,719
TOTAL EIGHT-YEAR EXPENSE $5,015,443
District operates as a time and materials district so the City is only billed when the Staff is onsite and working. District does not have a flat monthly fee. Should District complete a project faster than estimated, the cost will be less than the proposal. Should the project take longer to complete, District will inform the City and seek approval for the cost overrun.” SECTION 5. Except as provided in this Amendment No. 5, all other terms and conditions of the Agreement shall remain in full force and effect. In the event of a conflict between this Amendment No. 5 and the Agreement, the provisions of this Amendment No. 5 shall control.
SECTION 6. This Amendment No. 5 may be executed in counterparts, each of which shall constitute an original, and all of which taken together shall constitute one and the same agreement.
SECTION 7. The Parties agree that this Amendment No. 5 may be transmitted and signed by electronic or digital means by either/any or both/all parties and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code Section 16.5 and California Civil Code Section 1633.7.
SECTION 8. The person or persons executing this Amendment No. 5 on behalf of the respective Parties warrant and represent that they have the authority to execute this Amendment No. 5 and the authority to bind the Parties, as applicable, to the performance of their respective obligations hereunder.
[SIGNATURES ON NEXT PAGE]
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5 SIGNATURE PAGE
TO
AMENDMENT NO. 5 TO VRSD CONTRACT NO. 19-005
WASTEWATER COLLECTION SYSTEM AND STORMWATER SEWER SYSTEM
MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA
AND VENTURA REGIONAL SANITATION DISTRICT
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written (“Effective Date”).
CITY OF SANTA PAULA VENTURA REGIONAL
SANITATION DISTRICT
_________________________________ ____________________________ Dan Singer, Kevin Kildee,
City Manager Chairman of the Board
ATTEST: ATTEST
_____________________________ _____________________________ Julie Latshaw, Juliet Rodriguez,
City Clerk Clerk of the Board
APPROVED AS TO FORM:
_________________________________
Monica Castillo,
City Attorney
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EXHIBIT B
VRSD Original Contract No. 19-005 and Amendment Nos. 1
through 4
(Click on the underlined hyperlink to view the linked information) 328
To: Honorable Mayor and Members of the City Council
From: Christy Ramirez, Finance Director
Subject: TRANSPORTATION DEVELOPMENT ACT, LOCAL TRANSPORTATION FUND, APPORTIONMENT FOR FISCAL YEAR 2025/2026
Date: October 1, 2025
Agenda Item: 10.I
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
Adopt Resolution No. 7592 authorizing the submittal of claims for allocation of FY 25/26 Transportation Development Act (TDA) funds.
BACKGROUND:
Each year the City must file a claim with Ventura County Transportation Commission for our share of Transportation Development Act (TDA) local transportation funds. This year the City’s apportionment is $1,476,790. The attached resolution authorizes the City Manager or designee to file the necessary claims for these funds and also allocate the funds into two categories. Of the $1,523,370, $986,239 is allocated to pay Valley Express Transit for the public transportation system, including the Dial-A-Ride system, from TDA Article 8(c) revenue; and the balance of TDA funds ($490,551) is TDA Article 8(a) revenue to the City and is used for local streets and roads. The 2025/26 Budget had estimated TDA article 8(a) revenue in the amount of $542,896 compared to the $490,551 allocated. Staff will return on November 5th with necessary budget adjustments to address this shortfall, however it is anticipated that there is sufficient funding in prior year allocations to continue with all planned street work.
ANALYSIS:
The Heritage Valley Transit cost for fiscal year 2024/25 is $986,239. This amount is transferred directly from the County to the Ventura County Transportation Commission, as the operators of Valley Express. This is noted on the claim submissions Form A, line 19-22. No additional changes are needed at this time.
The two-year budget adopted in June utilized estimated figures for both revenues and expenses related to the Local Transportation Funds, based on the initial draft budget from the County. As noted, staff will return to Council with a budget amendment to address the decreased revenues as well as allocate prior year carryover amounts. 329
STRATEGIC PLAN:
While this item is not a direct goal or objective in City Council's two-year strategic plan, the submission of this claim is necessary to maintain funding from the Transportation Development Act Local Transportation Fund.
FISCAL IMPACTS:
No fiscal impacts are related to the passage of this resolution. Staff will return at a later time to request a budget allocation recognizing decreased revenue and necessary expense allocations.
OPTIONS:
As alternatives to staff's recommendation, the City Council may
1. Reject the recommendation; and/or
2. Provide additional direction to staff.
ATTACHMENTS:
Resolution TDA 25-26.docx
TDA Claim Forms FY 25-26.pdf
330
RESOLUTION NO. 7592
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA,
CALIFORNIA, AUTHORIZING THE FILING OF A CLAIM WITH THE
VENTURA COUNTY TRANSPORTATION COMMISSION FOR ALLOCATION
OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 2025/26
SECTION 1: The City Council for the City of Santa Paula does resolve as follows:
A. The Transportation Development Act (TDA), as amended (Public Utilities Code Section 99200 et seq.), provides for the allocation of funds from the Local Transportation Fund (LTF) and the State Transit Assistance Fund for use by eligible claimants for various transportation and transit purposes as allowed by TDA; and,
B. Pursuant to the provisions of the TDA, as amended, and pursuant to the applicable rules and regulations hereunder (California Code of Regulations Sections 6600 et seq.), a prospective claimant wishing to receive an allocation from the Local Transportation Fund and the State Transit Assistance fund shall file its claim with the Ventura County Transportation Commission.
SECTION 2: The City Manager, or designee, is authorized to execute and file an appropriate claim pursuant to the applicable rules and regulations promulgated hereunder, together with all necessary supporting documents, with VCTC for an allocation of TDA funds in FY 2023/24.
SECTION 3: The authorized claim for Article 8(a) for local street and road purposes (PUC 99400(a)) is in the amount of $490,551.
.
SECTION 4: The authorized claim for Article 8(c) for local street and road purposes (PUC 99400(c)) is in the amount of $986,239.
SECTION 5: That a copy of this resolution be transmitted to the Ventura County Transportation Commission in conjunction with the filing of the claim.
SECTION 6: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. 331
PASSED, AND ADOPTED, this 1st day of October, 2025.
_____________________
Pedro Chavez, Mayor
ATTEST:
_________________________
Julie Latshaw, City Clerk
Approved as to form:
_______________________________
Monica Castillo, City Attorney
Approved as to content:
_______________________________
Dan Singer, City Manager
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To: Honorable Mayor and Members of the City Council
From: Tom Tarantino, Planning & Economic Development Manager Subject: APPROVAL OF RESOLUTION NO. 7589 FORMALLY ADOPTING THE
CITY'S FEMA-APPROVED LOCAL HAZARD MITIGATION PLAN, AS
PART OF THE VENTURA COUNTY MULTI-JURISDICTIONAL HAZARD
MITIGATION PLAN, AND AMENDING THE HAZARD AND PUBLIC
SAFETY ELEMENT OF THE 2040 GENERAL PLAN TO REFLECT THIS
ADOPTION AND REQUIRED LANGUAGE, AND FINDING THE ACTION
TO BE STATUTORILY EXEMPT FROM CEQA
Date: October 1, 2025
Agenda Item: 11.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends the City Council open the public hearing, receive public testimony, close the public hearing, and by motion:
1. Find that the adoption of the proposed Resolution is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code Section 15183.
2. Adopt Resolution No. 7589 formally adopting the City’s Federal Emergency Management Agency-approved Local Hazard Mitigation Plan, as part of the Ventura County Multi-Jurisdictional Hazard Mitigation Plan, and amending the Hazard and Public Safety Element (‘Safety Element’) of the City of Santa Paula 2040 General Plan to reflect this adoption and required language.
BACKGROUND:
Assembly Bill 2140
In 2006, the state legislature passed Assembly Bill No. 2140 ("AB 2140"), allowing California counties and cities to be considered for additional state cost-share on eligible Public Assistance projects by adopting their current, FEMA-approved local hazard mitigation plans ("LHMP"s) into the Safety Element of their General Plan. This adoption, along with other requirements, makes the county or city eligible to be considered for part or all of its local-share costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act ("CDAA").
AB 2140 is not a requirement; it is an optional state incentive to help counties and cities become more resilient to natural hazards. As such, it is recommended that the City comply with AB 2140's requirements.
346
Multi-Jurisdictional Hazard Mitigation Plan
Rather than enact a number of individual LHMP’s that might otherwise compete for limited resources, in 2021, a coalition of Ventura County jurisdictions began a planning process to prepare for and lessen the impacts of specified natural hazards by pooling resources and creating a Multi-Jurisdictional Hazard Mitigation Plan ("MJHMP") that could be consistently applied to the defined Ventura County Planning Area ("VCPA"). This MJHMP could be used to ensure eligibility for specified grant funding sources.
The hazard identification and profiling in the MJHMP addressed the following natural hazards considered to be of significant importance within the VCPA, with each jurisdiction responsible for the review and approval of their respective section(s):
Dam Failure Inundation
Drought
Earthquake
Flooding (includes Levee Failures)
Landslide & Mass Movements
Sea Level Rise/Coastal Erosion (SLR)
Severe Storms
Severe Weather Events (Heat/Freeze Events)
Tsunami
Wildfire
The MJHMP compiled this information into a unified framework to ensure a comprehensive and coordinated plan covering all organizational partners within the VCPA.
ANALYSIS:
AB 2140 Compliance
There are multiple steps that must be completed before the California Office of Emergency Services ("Cal OES") can issue a letter of AB 2140 compliance. A jurisdiction must have:
1. Formally adopted their LHMP via resolution.
2. A current, FEMA-approved or approvable pending adoption (APA) LHMP.
3. Formally adopted their most current, approved LHMP into the Safety Element of their General Plan via resolution.
4. Included language within the Safety Element of their General Plan that references their LHMP.
5. Included a web link, appendix, or language within the Safety Element that directs the public to the most current, approved LHMP in its entirety.
6. E-mailed the link to the updated General Plan Safety Element web page along with the signed, adoption resolution(s) to the Cal OES AB 2140 inbox for review and approval.
On August 17, 2022, the Santa Paula City Council unanimously adopted Resolution No. 7417, authorizing the adoption of relevant portions of the Ventura County MJHMP. (Attachment C.) This satisfied Requirement 1, listed above.
In January 2023, the Federal Emergency Management Agency ("FEMA") notified the Ventura 347
County Sheriff’s Office of Emergency Services that they had received documentation from the Cities of Fillmore, Moorpark, Ojai, San Buenaventura, and Santa Paula, and the Channel Islands Beach Community Services District ("CIBCSD"), confirming their adoption of the Ventura County Multi-Jurisdictional Local Hazard Mitigation Update 2022, and confirming that these jurisdictions are in conformance with the Code of Federal Regulations, Title 44, Part 201, Section 6 (44 C.F.R. 201.6) until August 16, 2027, five years from the plan’s original approval date. (Attachment D.) This satisfied Requirement 2, listed above.
In order to be fully compliant with AB 2140, the City of Santa Paula now must satisfy the above Requirements 3 through 6, by formally adopting the FEMA-approved MJHMP into the Safety Element of the 2040 General Plan and making appropriate and required language changes to the Safety Element to reflect this adoption.
On August 26, 2025, the Planning Commission adopted Resolution No. 3872, recommending the City Council adopt the City’s Federal Emergency Management Agency-approved Local Hazard Mitigation Plan, as part of the Ventura County Multi-Jurisdictional Hazard Mitigation Plan, and amend the Hazard and Public Safety Element (‘Safety Element’) of the City of Santa Paula 2040 General Plan to reflect this adoption and required language, and finding these actions to be statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code Section 15183.
General Plan Amendment Process & AB 2140 Compliance Language SPMC § 16.212.020 provides that the Planning Commission or City Council may at any time initiate an application to amend the General Plan, up to four (4) times per calendar year. This action represents the first amendment of the General Plan in the 2025 calendar year.
Per SPMC § 16.212.030, the Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications. The Planning Commission voted unanimously to recommend approval to the City Council via Resolution No. 3872 on August 26, 2025.
Per SPMC § 16.212.040, the City Council shall then consider the Planning Commission’s recommendation and act by resolution to approve or deny the application. A majority vote of the entire Council is required to amend the General Plan. This is the resolution being considered at tonight's meeting.
In order to attain full AB 2140 compliance, t he following language would be added to Section 5, Hazards and Public Safety, under Part 1, Purpose and Legal Requirements, of Subsection A, Overview:
“Information regarding hazards and public safety planning presented in this Section reflects available data and plans in effect at the time of the last General Plan update (2040) or before.
On October 1, 2025 the Santa Paula City Council adopted Resolution No. 7589, formally adopting the FEMA-approved ‘Ventura County Multi-Jurisdictional Hazard Mitigation Plan – Update 2022’ (available here in its entirety (large file, please allow sufficient time to load):
https://www.spcity.org/DocumentCenter/View/6023/Ventura-County-MultijurisdictionalHazard-Mitigation-Plan---2022-Update) into this Section, which supersedes any prior references to hazards and public safety planning contained herein. The Multi-Jurisdictional 348
Hazard Mitigation Plan (MJHMP) for the Ventura County planning area, which includes the City of Santa Paula, was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The MJHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities.” Environmental/CEQA
Pursuant to Section 15183 of the CEQA Guidelines, formal adoption of the FEMA-approved MJHMP and amendment of the 2040 General Plan Safety Element to include the proposed language is exempt from further review under the California Environmental Quality Act. These actions create no inconsistency with the development density established by the 2040 General Plan policies for which an Environmental Impact Report was certified. Further there are no project-specific significant effects from these actions which are peculiar to the project, and the actions do not have the potential for significant or cumulative impacts not already addressed in the certified 2040 General Plan Environmental Impact Report.
Public Notice/Brown Act
Tonight's meeting was publicly noticed in the Santa Paula Times on Wednesday, September 17, 2025, in compliance with California Government Code § 54950.
STRATEGIC PLAN:
Formally adopting the FEMA-approved Ventura County MJHMP into the 2040 General Plan and ensuring AB 2140 compliance directly relates to 2025-2027 City Council Strategic Goals Section C: Public Safety & Emergency Preparedness, particularly Objectives C.5-C.8.
FISCAL IMPACTS:
AB 2140 compliance, along with other requirements, makes the county or city eligible to be considered for part or all of its local-share costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act ("CDAA").
For eligible Public Assistance projects, the typical local (non-federal) cost share is 25% of the total project cost. CDAA can allow the state to pay up to 18.75% of the non-federal share, that would otherwise fall upon the county or city, to pay for eligible Public Assistance projects once the legislature has passed a bill allowing additional state funding after a disaster occurs. Upon approval of the legislature, counties and cities that are AB 2140 compliant are also eligible to be considered for the remaining 6.25% local share to be funded by the state, essentially covering the entire local-share cost for eligible Public Assistance projects.
OPTIONS:
In addition to the recommended action, the City Council has the following options:
1. Adopt Resolution No. 7589 with requested modifications.
2. Deny Resolution No. 7589. Denial will result in the City's inability to seek additional costshare funding for eligible projects under CDAA.
ATTACHMENTS:
349
A - CC Resolution No. 7589.pdf
B - PC Resolution No. 3872 (Signed).pdf
C - CC Resolution No. 7417 (Signed).pdf
D - FEMA VC HMP Additional Jurisdictions Approval Letter.pdf 350
ATTACHMENT A
CC RESOLUTION NO. 7589
351
RESOLUTION NO. 7589
A RESOLUTION OF THE SANTA PAULA CITY COUNCIL FORMALLY
ADOPTING THE CITY’S FEDERAL EMERGENCY MANAGEMENT
AGENCY-APPROVED LOCAL HAZARD MITIGATION PLAN, AS PART
OF THE VENTURA COUNTY MULTI-JURISDICTIONAL HAZARD
MITIGATION PLAN, AND AMENDING THE HAZARD AND PUBLIC
SAFETY ELEMENT (‘SAFETY ELEMENT’) OF THE CITY OF SANTA
PAULA 2040 GENERAL PLAN (PROJECT 2025-GPA-01) TO REFLECT
THIS ADOPTION AND REQUIRED LANGUAGE, AND FINDING THE
ACTION TO BE STATUTORILY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER PUBLIC RESOURCES CODE
§ 15183
The City Council of the City of Santa Paula does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. In 2006, the state legislature passed Assembly Bill No. 2140 ("AB 2140"), allowing California counties and cities to be considered for additional state cost-share on eligible Public Assistance projects by adopting their current, FEMA-approved local hazard mitigation plans ("LHMP"s) into the Safety Element of their General Plan. This adoption, along with other requirements, makes the county or city eligible to be considered for part or all of its localshare costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act ("CDAA").
B. For eligible Public Assistance projects, the typical local (non-federal) cost share is 25% of the total project cost. CDAA can allow the state to pay up to 18.75% of the non-federal share, that would otherwise fall upon the county or city, to pay for eligible Public Assistance projects once the legislature has passed a bill allowing additional state funding after a disaster occurs. Upon approval of the legislature, counties and cities that are AB 2140 compliant are also eligible to be considered for the remaining 6.25% local share to be funded by the state, essentially covering the entire localshare cost for eligible Public Assistance projects.
C. AB 2140 is not a requirement; it is an optional state incentive to help counties and cities become more resilient to natural hazards. As such, the City of Santa Paula is desirous of AB 2140 compliance.
D. There are multiple steps that must be completed before the California Office of Emergency Services ("Cal OES") can issue a letter of AB 2140 compliance. A jurisdiction must have:
1. Formally adopted their LHMP via resolution.
352
2. A current, FEMA-approved or approvable pending adoption (APA) LHMP.
3. Formally adopted their most current, approved LHMP into the Safety Element of their General Plan via resolution.
4. Included language within the Safety Element of their General Plan that references their LHMP.
5. Included a web link, appendix, or language within the Safety Element that directs the public to the most current, approved LHMP in its entirety.
6. E-mailed the link to the updated General Plan Safety Element web page along with the signed, adoption resolution(s) to the Cal OES AB 2140 inbox for review and approval.
E. Rather than enact a number of individual LHMP’s that might otherwise compete for limited resources, in 2021, a coalition of Ventura County jurisdictions began a planning process to prepare for and lessen the impacts of specified natural hazards by pooling resources and creating a MultiJurisdictional Hazard Mitigation Plan ("MJHMP") that could be consistently applied to the defined Ventura County Planning Area ("VCPA"). This MJHMP could be used to ensure eligibility for specified grant funding sources.
F. The hazard identification and profiling in the MJHMP addressed the following natural hazards considered to be of significant importance within the VCPA, with each jurisdiction responsible for the review and approval of their respective section(s):
Dam Failure Inundation
Drought
Earthquake
Flooding (includes Levee Failures)
Landslide & Mass Movements
Sea Level Rise/Coastal Erosion (SLR)
Severe Storms
Severe Weather Events (Heat/Freeze Events)
Tsunami
Wildfire
G. The MJHMP accumulated this information into a unified framework to ensure a comprehensive and coordinated plan covering all organizational partners within the VCPA.
H. On August 17, 2022, the Santa Paula City Council unanimously adopted Resolution No. 7417, authorizing the adoption of relevant portions of the Ventura County MJHMP. This satisfied the requirement in Section D.1., listed above.
I. In January 2023, the Federal Emergency Management Agency ("FEMA") 353
notified the Ventura County Sheriff’s Office of Emergency Services that they had received documentation from the Cities of Fillmore, Moorpark, Ojai, San Buenaventura, and Santa Paula, and the Channel Islands Beach Community Services District ("CIBCSD"), confirming their adoption of the Ventura County Multi-Jurisdictional Local Hazard Mitigation Update 2022, and confirming that these jurisdictions are in conformance with the Code of Federal Regulations, Title 44, Part 201, Section 6 (44 C.F.R. 201.6) until August 16, 2027, five years from the plan’s original approval date. This satisfied the requirement in Section D.2., listed above.
J. In order to be fully compliant with AB 2140, the City of Santa Paula now must satisfy the above requirements in Sections D.3. and D.4., by formally adopting the FEMA-approved MJHMP into the Safety Element of the 2040 General Plan and making appropriate and required language changes to the Safety Element to reflect this adoption.
K. In early 2025, the Santa Paula Police Department Emergency Services Coordinator contacted the Planning Division to initiate a project application (2025-GPA-01) to complete the remaining steps for AB 2140 compliance.
L. The Planning Division completed its review and scheduled a duly noticed public hearing regarding this application before the Planning Commission on August 26, 2025.
M. On August 26, 2025 the Planning Commission unanimously adopted Resolution No. 3872, recommending the City Council approve a resolution formally adopting the City’s FEMA-approved LHMP, as part of the Ventura County MJHMP, and amend the Hazard and Public Safety Element (‘Safety Element’) of the 2040 General Plan to reflect this adoption and required language, and find the action to be statutorily exempt from CEQA under Public Resources Code § 15183.
N. Based upon this resolution, the Planning Division scheduled a duly noticed public hearing before the City Council on October 1, 2025.
O. On October 1, 2025 the City Council opened a public hearing, received staff recommendation and public testimony, closed the public hearing, and adopted Resolution No. 7589, formally adopting the City’s FEMA-approved LHMP, as part of the Ventura County MJHMP, and amending the Hazard and Public Safety Element (‘Safety Element’) of the 2040 General Plan to reflect this adoption and required language, and finding the action to be statutorily exempt from CEQA under Public Resources Code § 15183, because the amendment is consistent with the certified 2040 General Plan FEIR.
P. This Resolution, and its findings, are made based upon the evidence presented to the City Council at its October 1, 2025 hearing, including, without limitation, the staff report submitted by the Planning Division and 354
written and oral public comments.
SECTION 2: Factual Findings. The City Council finds that the following facts exist:
A. SPMC § 16.212.020 provides that the Planning Commission or City Council may at any time initiate an application to amend the General Plan, up to four (4) times per calendar year. This action represents the first amendment of the General Plan in the 2025 calendar year.
B. Per SPMC § 16.212.030, the Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications. The Planning Commission voted unanimously to recommend approval to the City Council via Resolution No. 3872 on August 26, 2025.
C. Per SPMC § 16.212.040, the City Council shall then consider the Planning Commission’s recommendation and act by resolution to approve or deny the application. A majority vote of the entire Council is required to amend the General Plan. The City Council voted to adopt Resolution No. 7589 to approve the application on October 1, 2025.
SECTION 3: General Plan Amendment. The General Plan shall be amended as follows:
1. The following language is added to Section 5, Hazards and Public Safety, under Part 1, Purpose and Legal Requirements, of Subsection A, Overview:
“Information regarding hazards and public safety planning presented in this Section reflects available data and plans in effect at the time of the last General Plan update (2040) or before. On October 1, 2025 the Santa Paula City Council adopted Resolution No. 7589, formally adopting the FEMA-approved ‘Ventura County Multi-Jurisdictional Hazard Mitigation Plan – Update 2022’ (available here in its entirety (large file, please allow sufficient time to load):
https://www.spcity.org/DocumentCenter/View/6023/VenturaCounty-Multijurisdictional-Hazard-Mitigation-Plan---2022-Update) into this Section, which supersedes any prior references to hazards and public safety planning contained herein. The Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) for the Ventura County planning area, which includes the City of Santa Paula, was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The MJHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short 355
and long-term strategies, involve planning, policy changes, programs, projects, and other activities.”
SECTION 4: General Plan Amendment Findings. SPMC § 16.212.050 requires the following findings to be made:
A. The Project is in the public interest, and there will be a community benefit resulting from the amendment given that:
1. Updating the Safety Element to include reference to the adopted MJHMP ensures interested parties will be directed to the most recent hazard mitigation and public safety planning for the City.
2. Including the proposed language in the Safety Element ensures the City is compliant with AB 2140, which makes the City eligible to be considered for additional state funding of local-share costs, essentially covering the entire local-share cost for eligible Public Assistance projects.
B. The Project is consistent with the goals, policies and objectives of the General Plan.
1. There is no change to the existing language, data tables, and exhibits in the Safety Element, only the addition of the proposed new language shown above.
C. The Project will not conflict with provisions of the Development Code.
1. The existing language in the Safety Element is compliant with the Development Code, and there is no change to the existing language, data tables, and exhibits in the Safety Element.
D. The Project will not adversely affect surrounding properties.
1. The 2040 General Plan is applicable citywide.
2. The MJHMP was developed in collaboration with neighboring jurisdictions in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance, with the intent of maximizing response capabilities across the region by pooling resources.
3. The addition of the proposed language to the Safety Element will not result in environmental impacts not otherwise addressed in the Environmental Impact Report (EIR) for the 2040 General Plan update, and is thus exempt from CEQA pursuant to Section 15183.
SECTION 5: Environmental Review. Pursuant to Section 15183 of the CEQA Guidelines, formal adoption of the FEMA-approved MJHMP and amendment of the 2040 General Plan Safety Element to include the proposed language is exempt from further review under the California Environmental Quality Act. These actions create no inconsistency with the development density established by the 2040 General Plan policies for which an 356
Environmental Impact Report was certified. Further there are no project-specific significant effects from these actions which are peculiar to the project, and the actions do not have the potential for significant or cumulative impacts not already addressed in the certified 2040 General Plan Environmental Impact Report.
SECTION 6: Notice of Exemption. The Secretary, or designee, is directed to file a Notice of Exemption in accordance with 14 CCR § 15062 and any other applicable laws.
SECTION 7: Approval. The City Council adopts the City’s FEMA-approved Local Hazard Mitigation Plan, as part of the Ventura County Multi-Jurisdictional Hazard Mitigation Plan, and approves amending the Hazard and Public Safety Element (‘Safety Element’) of the City of Santa Paula 2040 General Plan to reflect this adoption and add the language in Section 3 above.
SECTION 8: The City Clerk is directed to certify a copy of this Resolution.
SECTION 9: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this 1st day of October, 2025.
_________________________________
Pedro A. Chavez, Mayor
ATTEST:
_________________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
_________________________________
Monica Castillo, City Attorney
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ATTACHMENT B
PC RESOLUTION NO. 3872
358
RESOLUTION NO. 3872
A RESOLUTION OF THE CITY OF SANTA PAULA PLANNING
COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF A RESOLUTION FORMALLY ADOPTING THE CITY’S FEDERAL
EMERGENCY MANAGEMENT AGENCY-APPROVED LOCAL HAZARD
MITIGATION PLAN, AS PART OF THE VENTURA COUNTY MULTIJURISDICTIONAL HAZARD MITIGATION PLAN, AND AMENDING THE HAZARD AND PUBLIC SAFETY ELEMENT (‘SAFETY ELEMENT’) OF
THE CITY OF SANTA PAULA 2040 GENERAL PLAN TO REFLECT THIS
ADOPTION AND REQUIRED LANGUAGE, AND FINDING THE ACTION
TO BE STATUTORILY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER PUBLIC RESOURCES CODE
§ 15183, BECAUSE THE AMENDMENT IS CONSISTENT WITH THE
CERTIFIED 2040 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT
REPORT
PROJECT 2025-GPA-01
The Planning Commission of the City of Santa Paula does resolve as follows:
SECTION 1: The Planning Commission finds and declares that:
A. In 2006, the state legislature passed Assembly Bill No. 2140 ("AB 2140"), allowing California counties and cities to be considered for additional state cost-share on eligible Public Assistance projects by adopting their current, FEMA-approved local hazard mitigation plans ("LHMP"s) into the Safety Element of their General Plan. This adoption, along with other requirements, makes the county or city eligible to be considered for part or all of its localshare costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act ("CDAA").
B. For eligible Public Assistance projects, the typical local (non-federal) cost share is 25% of the total project cost. CDAA can allow the state to pay up to 18.75% of the non-federal share, that would otherwise fall upon the county or city, to pay for eligible Public Assistance projects once the legislature has passed a bill allowing additional state funding after a disaster occurs. Upon approval of the legislature, counties and cities that are AB 2140 compliant are also eligible to be considered for the remaining 6.25% local share to be funded by the state, essentially covering the entire localshare cost for eligible Public Assistance projects.
C. AB 2140 is not a requirement; it is an optional state incentive to help counties and cities become more resilient to natural hazards. As such, the City of Santa Paula is desirous of AB 2140 compliance.
D. There are multiple steps that must be completed before the California Office 359
of Emergency Services ("Cal OES") can issue a letter of AB 2140 compliance. A jurisdiction must have:
1. Formally adopted their LHMP via resolution.
2. A current, FEMA-approved or approvable pending adoption (APA) LHMP.
3. Formally adopted their most current, approved LHMP into the Safety Element of their General Plan via resolution.
4. Included language within the Safety Element of their General Plan that references their LHMP.
5. Included a web link, appendix, or language within the Safety Element that directs the public to the most current, approved LHMP in its entirety.
6. E-mailed the link to the updated General Plan Safety Element web page along with the signed, adoption resolution(s) to the Cal OES AB 2140 inbox for review and approval.
E. Rather than enact a number of individual LHMP’s that might otherwise compete for limited resources, in 2021, a coalition of Ventura County jurisdictions began a planning process to prepare for and lessen the impacts of specified natural hazards by pooling resources and creating a MultiJurisdictional Hazard Mitigation Plan ("MJHMP") that could be consistently applied to the defined Ventura County Planning Area ("VCPA"). This MJHMP could be used to ensure eligibility for specified grant funding sources.
F. The hazard identification and profiling in the MJHMP addressed the following natural hazards considered to be of significant importance within the VCPA, with each jurisdiction responsible for the review and approval of their respective section(s):
Dam Failure Inundation
Drought
Earthquake
Flooding (includes Levee Failures)
Landslide & Mass Movements
Sea Level Rise/Coastal Erosion (SLR)
Severe Storms
Severe Weather Events (Heat/Freeze Events)
Tsunami
Wildfire
G. The MJHMP accumulated this information into a unified framework to ensure a comprehensive and coordinated plan covering all organizational partners within the VCPA.
H. On August 17, 2022, the Santa Paula City Council unanimously adopted Resolution No. 7417, authorizing the adoption of relevant portions of the 360
Ventura County MJHMP. This satisfied Requirement D1, listed above.
I. In January 2023, the Federal Emergency Management Agency ("FEMA") notified the Ventura County Sheriff’s Office of Emergency Services that they had received documentation from the Cities of Fillmore, Moorpark, Ojai, San Buenaventura, and Santa Paula, and the Channel Islands Beach Community Services District ("CIBCSD"), confirming their adoption of the Ventura County Multi-Jurisdictional Local Hazard Mitigation Update 2022, and confirming that these jurisdictions are in conformance with the Code of Federal Regulations, Title 44, Part 201, Section 6 (44 C.F.R. 201.6) until August 16, 2027, five years from the plan’s original approval date. This satisfied Requirement D2, listed above.
J. In order to be fully compliant with AB 2140, the City of Santa Paula now must satisfy the above Requirements D3 through D6, by formally adopting the FEMA-approved MJHMP into the Safety Element of the 2040 General Plan and making appropriate and required language changes to the Safety Element to reflect this adoption.
K. In early 2025, the Santa Paula Police Department Emergency Services Coordinator contacted the Planning Division to initiate a project application (2025-GPA-01) to complete the remaining steps for AB 2140 compliance.
L. The Planning Division completed its review and scheduled a duly noticed public hearing regarding this application before the Planning Commission on August 26, 2025.
M. On August 26, 2025 the Planning Commission opened a public hearing to receive public testimony and other evidence regarding the application.
N. This Resolution, and its findings, are made based upon the evidence presented to the Planning Commission at its August 26, 2025 hearing, including, without limitation, the staff report submitted by the Planning Division and written and oral public comments.
SECTION 2: Factual Findings. The Planning Commission finds that the following facts exist:
A. SPMC § 16.212.020 provides that the Planning Commission or City Council may at any time initiate an application to amend the General Plan, up to four (4) times per calendar year. This action represents the first amendment of the General Plan in the 2025 calendar year.
B. Per SPMC § 16.212.030, the Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with 361
modifications.
C. Per SPMC § 16.212.040, the City Council shall then consider the Planning Commission’s recommendation and act by resolution to approve or deny the application. A majority vote of the entire Council is required to amend the General Plan.
SECTION 3: General Plan Amendment. The Planning Commission recommends that the City Council approve an amendment to the General Plan as follows:
1. The following language is added to Section 5, Hazards and Public Safety, under Part 1, Purpose and Legal Requirements, of Subsection A, Overview:
“Information regarding hazards and public safety planning presented in this Section reflects available data and plans in effect at the time of the last General Plan update (2020) or before. On _______, 2025 the Santa Paula City Council adopted Resolution No. _____, formally adopting the FEMA-approved ‘Ventura County Multi-Jurisdictional Hazard Mitigation Plan – Update 2022’ (available here in its entirety (large file, please allow sufficient time to load):
https://www.spcity.org/DocumentCenter/View/6023/VenturaCounty-Multijurisdictional-Hazard-Mitigation-Plan---2022-Update) into this Section, which supersedes any prior references to hazards and public safety planning contained herein. The Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) for the Ventura County planning area, which includes the City of Santa Paula, was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The MJHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities.”
SECTION 4: General Plan Amendment Findings. SPMC § 16.212.050 requires the following findings to be made:
A. The Project is in the public interest, and there will be a community benefit resulting from the amendment given that:
1. Updating the Safety Element to include reference to the adopted MJHMP ensures interested parties will be directed to the most recent hazard mitigation and public safety planning for the City.
2. Including the proposed language in the Safety Element ensures the City is compliant with AB 2140, which makes the City is eligible to be considered for additional state funding of local-share costs, 362
essentially covering the entire local-share cost for eligible Public Assistance projects.
B. The Project is consistent with the goals, policies and objectives of the General Plan.
1. There is no change to the existing language, data tables, and exhibits in the Safety Element, only the addition of the proposed new language shown above.
C. The Project will not conflict with provisions of the Development Code.
1. The existing language in the Safety Element is compliant with the Development Code, and there is no change to the existing language, data tables, and exhibits in the Safety Element.
D. The Project will not adversely affect surrounding properties.
1. The 2040 General Plan is applicable citywide.
2. The MJHMP was developed in collaboration with neighboring jurisdictions in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance, with the intent of maximizing response capabilities across the region by pooling resources.
3. The addition of the proposed language to the Safety Element will not result in environmental impacts not otherwise addressed in the Environmental Impact Report (EIR) for the 2040 General Plan update, and is thus exempt from CEQA pursuant to Section 15183.
SECTION 5: Environmental Review. Pursuant to Section 15183 of the CEQA Guidelines, formal adoption of the FEMA-approved MJHMP and amendment of the 2040 General Plan Safety Element to include the proposed language is exempt from further review under the California Environmental Quality Act, as doing so does not have the potential for significant or cumulative impacts not already addressed in the certified 2040 General Plan Environmental Impact Report.
SECTION 6: Notice of Exemption. The Secretary, or designee, is directed to file a Notice of Exemption in accordance with 14 CCR § 15062 and any other applicable laws.
SECTION 7: Approval. The Planning Commission approves and certifies this Resolution and recommends that the City Council adopt a Resolution formally adopting the City’s FEMA-approved Local Hazard Mitigation Plan, as part of the Ventura County MultiJurisdictional Hazard Mitigation Plan, and amending the Hazard and Public Safety Element (‘Safety Element’) of the City of Santa Paula 2040 General Plan to reflect this adoption and required language in Section 3 above, and finding the action to be Statutorily Exempt from CEQA under Public Resources Code § 15183, because the amendment is consistent with the certified 2040 General Plan Environmental Impact Report.
SECTION 8: This Resolution is advisory to the City Council and will become effective 363
immediately upon adoption and remain effective unless superseded by a subsequent resolution.
SECTION 9: The Secretary is directed to provide a copy of this Resolution to the City of Santa Paula and to any other person requesting a copy.
SECTION 10: This Resolution may be appealed within ten (10) calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal.
PASSED AND ADOPTED this 26th day of August, 2025.
ATTEST:
James
City of
ason, Secretary
ta Paula Planning Commission
APPROVED;/
Casiilo
City Attorney
Chairperson · c;.: H\
City of Santa Paula Commission
364
ATTACHMENT C
CC RESOLUTION NO. 7417
365
366
367
368
ATTACHMENT D
FEMA VC HMP ADDITIONAL JURISDICTIONS
APPROVAL LETTER
369
U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607
www.fema.gov
January 13, 2023
Bonnie Luke
Emergency Manager
Ventura County Sheriff’s Office, Office of Emergency Services 800 South Victoria Avenue, L3450
Ventura, CA 93009
Dear Bonnie Luke:
The Federal Emergency Management Agency (FEMA) received documentation from the Cities of Fillmore, Moorpark, Ojai, San Buenaventura, and Santa Paula, and the Channel Islands Beach Community Services District (CIBCSD), confirming their adoption of the Ventura County MultiJurisdictional Local Hazard Mitigation Plan Update 2022. These jurisdictions are in conformance with the Code of Federal Regulations, Title 44, Part 201, Section 6 (44 C.F.R. 201.6). An updated list of the status of participating jurisdictions is enclosed with this letter.
The adoption of this plan ensures the Cities of Fillmore, Moorpark, Ojai, San Buenaventura, and Santa Paula, and the CIBCSD’s continued eligibility for funding under FEMA’s Hazard Mitigation Assistance programs, including the Hazard Mitigation Grant Program (HMGP), the Building Resilient Infrastructure and Communities program (BRIC), and the Flood Mitigation Assistance (FMA) program. All requests for funding are evaluated individually according to eligibility and other program requirements. Approved hazard mitigation plans may also be eligible for points under the National Flood Insurance Program’s Community Rating System (CRS).
The Ventura County Multi-Jurisdictional Local Hazard Mitigation Plan Update 2022 is valid for five years from the plan’s original approval date, August 16, 2022 for all approved participants.
Prior to August 16, 2027, all participating jurisdictions must review, revise, and submit their plan to FEMA for approval to maintain eligibility for grant funding.
If you have any questions regarding the planning or review processes, please contact the FEMA Region 9 Hazard Mitigation Planning Team at [email protected].
Sincerely,
Alison Kearns
Planning and Implementation Branch Chief
Mitigation Division
FEMA Region 9
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Ventura County Hazard Mitigation Plan Update Additional Jurisdiction Approval Notice January 13, 2023
www.fema.gov
Enclosure (1)
Status of Participating Jurisdictions, dated January 13, 2023 cc: Jacy Hyde, Acting State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor’s Office of Emergency Services
371
Ventura County Hazard Mitigation Plan Update Additional Jurisdiction Approval Notice January 13, 2023
www.fema.gov
Status of Participating Jurisdictions as of January 13, 2023 Jurisdictions – Adopted and Approved
# Jurisdiction Date of Adoption
1 Ventura County 7-12-2022
2 Camarillo, City of 9-14-2022
3 Fillmore, City of 10-11-22
4 Moorpark, City of 10-5-2022
5 Ojai, City of 9-13-2022
6 Oxnard, City of 9-20-2022
7 Port Hueneme, City of 9-6-2022
8 San Buenaventura, City of 9-12-2022
9 Santa Paula, City of 8-17-2022
10 Thousand Oaks, City of 8-30-2022
11 United Water Conservation District 7-13-2022
12 Ventura County Fire Protection District* 7-12-2022
13 Simi Valley, City of 7-25-2022
14 Calleguas Municipal Water District 7-20-2022
15 Casitas Municipal Water District 7-27-2022
16 Channel Islands Beach Community Services District (CIBCSD) 12-13-2022 17 Conejo Recreation and Park District 9-8-2022
18 Ojai Valley Sanitary District 7-25-2022
19 Pleasant Valley Recreation and Park District 9-7-2022 20 Saticoy Sanitary District 8-17-2022
21 Triunfo Water & Sanitation District 8-22-2022
22 Ventura Regional Sanitation District 7-21-2022
Jurisdictions – Approvable Pending Adoption
# Jurisdiction
1 Ventura, City of
2 Ventura County Office of Education
3 Ventura County Public Works Agency – Watershed Protection * The Ventura County Fire Protection District is a dependent special district whose governing body is the County Board of Supervisors, therefore the County Board of Supervisor Resolution adopted on July 12, 2022 is sufficient for both the County and the Fire Protection District to receive approval from FEMA. 372
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: JOINT SANTA PAULA, FILLMORE, VENTURA COUNTY ONE-YEAR
AGREEMENT FOR OPERATIONAL FUNDING OF THE SPIRIT OF
SANTA PAULA HARVARD NAVIGATION CENTER FOR FISCAL YEAR
2025/2026
Date: October 1, 2025
Agenda Item: 12.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
That the City Council:
1. Authorize the City Manager to execute an agreement, substantially in the form attached, with the County of Ventura and the City of Fillmore to share operational costs for the Spirit of Santa Paula Harvard Shelter, located at 1498 East Harvard Boulevard.
2. Authorize the City Manager to make non-monetary edits to the agreement as necessary to conform with the version approved by the City of Fillmore City Council and County Board of Supervisors, provided such changes do not create undue hardship for the City.
Presented by: James Mason
BACKGROUND:
In October 2021, the Spirit of Santa Paula ("Spirit"), operator of the Harvard Shelter, received $1.5 million in state funding made possibly state Assemblymember Steve Bennett and Senator Monique Limón. The funding has been administered by the City of Santa Paula ("City") to facilitate the expansion and improvement of the Harvard Shelter. The shelter provides 49 beds and an array of services including food distribution, behavioral and health care through Ventura County Healthcare Agency and year-round emergency sheltering and outreach services. Spirit of Santa Paula has debt-free ownership of the facility thanks to a generous donation; however, continued expansion of programs and services combined with the expanded facility improvements have added additional operational costs.
On August 8, 2023, the Santa Paula City Council approved entering an "Agreement to Provide Financial Support for the Operation of a Permanent, Year-Round Shelter Serving Homeless Individuals in Santa Clara Valley Communities including the City of Santa Paula, City of Fillmore, and Unincorporated Area of Piru" ("Funding Agreement"). The two-year joint cost-sharing agreement was initiated with the County of Ventura, the City of Fillmore and the City of Santa Paula to fund operations at the Spirit of Santa Paula Harvard Shelter ("Spirit"), 373
located at 1498 East Harvard Boulevard in the City of Santa Paula. This agreement was developed after several meetings held in June and July 2023 between staff from the City of Fillmore, City of Santa Paula, and Ventura County ("Parties") as well as State Assembly member Steve Bennett.
On June 30, 2025, City Council adopted its 2025-2026 fiscal budget which included the allocation of $200,000 fiscal year from the General Fund for use toward Spirit's operations. On October 14, 2025, the Fillmore City Council will consider approval a $150,000 contribution of ARPA funds to the Spirit of Santa Paula for fiscal year 2025/26. On October 21, 2025, Ventura County staff will review the cost-sharing agreement with the Board of Supervisors, with the goal of obtaining approval.
Staff is requesting Council approval of a joint cost-sharing agreement, substantially in the form attached to this report as Attachment A. Staff further seeks authorization for the City Manager to make non-monetary edits to the agreement for consistency with the final agreement the Fillmore City Council may approve on October 14, 2025 and thereafter the County Board of Supervisors may approve on October 21, 2025, if necessary.
ANALYSIS:
The January 2025 Ventura County Point-in-Time Homeless count for Santa Paula and Fillmore identified 117 unhoused individuals.
Jurisdiction ShelteredUnsheltered Total
Shelter
Transitional
Housing
Santa Paula 47 0 60 107
Fillmore 0 0 10 10
The Harvard Shelter is the only year-round homeless shelter located within the Santa Clara Valley and it has 49 beds which are generally filled on a continual basis.
A cost -sharing agreement among County of Ventura, the City of Fillmore and the City of Santa Paula ("Agreement") for Fiscal Year 2025-2026 (Attachment A) has been developed in accordance with existing agreements developed between Ventura County and other County cities with shelters in their jurisdictions. One goal in developing the proposed Agreement among Fillmore, Santa Paula and Ventura County, has been to ensure that cost sharing is fair between the City of Santa Paula and the City of Fillmore.
The Spirit of Santa Paula and the Harvard Shelter are uniquely structured and financed as they are one of two shelters in the county that is owned and operated by a non-profit organization. In addition, with other agreements between the County and cities, the City is the operator or owner of the shelter, or both; or the County is leasing the facility to the City.
The proposed Agreement is intended to fund ongoing operations of the Harvard Shelter for one fiscal year, starting July 1, 2025 and ending June 30, 2026. The shelter operations and operational costs will be analyzed and reviewed by April 2026 for further discussion between Santa Paula, Fillmore and Ventura County to identify the funding commitment for the 2026 - 2027 fiscal year.
374
As part of the proposed Agreement, the County has agreed to match the combined contributions of the City and Fillmore. The contributions would be as follows:
FY 25/26
Santa Paula $200,000
Fillmore $150,000
VC County
Match
$350,000
Total $700,000
Spirit must have a substantive role in securing funding through grants and donations. In order to provide accountability and ensure the cities and county are compensated for their contributions, the Spirit Shelter will provide monthly invoices to the City of Santa Paula for payment.
Contribution payments from Fillmore and Ventura County will be made to the City to transfer to Spirit. The City will then, acting as a conduit, pay Spirit the parties' combined contribution spread out in monthly payments on the first of each month. Matching the combined contributions of Fillmore and Santa Paula, County will reimburse Santa Paula for 50% of actual Shelter operation costs or up to $87,500 each fiscal quarter, whichever amount is lower.
Further, to ensure continued support from Fillmore and the County, the Agreement requires the City to extend its two-year operating agreement with Spirit ("Operating Agreement") and make other amendments consistent with the terms of the Agreement. The purpose of the Operating Agreement is to provide accountability and metrics that include best efforts to achieve specified goals. For instance, Spirit will be encouraged to connect shelter occupants to needed resources (income, counseling, substance abuse, etc.) by:
Developing personalized housing plan;
Supporting Shelter occupants in managing their own lives within the scope of their resources and abilities;
Providing housing location and counseling services;
Establishing relationships with private and public property owners and rental agencies; Assisting to provide permanent housing opportunities to Shelter occupants; and Assisting with housing applications
Spirit will also be expected to provide case management services that include the development of an individualized service plan based on needs, circumstances, and market conditions, focused on helping individuals find and keep stable housing and linkages to other community-based support services.
As of the writing of this report, the County and its counsel are reviewing provisions pertaining to the logistics of its contribution payments, as well as City-requested edits to provisions that govern a County $750,000-reserve fund for the shelter, City's indemnity obligations, and City's insurance obligations. If Staff is unable to incorporate any County edits into the Agreement before the packet for this item is posted, a redline showing the proposed edits will be provided to Council at the time it is considered, with copies available to the public. 375
STRATEGIC PLAN:
E. Public Safety & Emergency Preparedness
Goal: Create an environment within the City in which our residents feel safe and which promotes the City as a location of choice for living, working, and recreating. The City may enhance the safety and quality of life for all residents including the un-housed by supporting such facilities, services and programs.
FISCAL IMPACTS:
The City's contribution of $200,000 per fiscal year is already included in the adopted two year Budget FY 25/26 & FY 26/27 (General Ledger No.100-5-0501-323).
OPTIONS:
1. Direct the City Manager not to enter into the proposed Agreement with Fillmore and Ventura County.
2. Direct the City Manager to enter into the proposed Agreement with Fillmore and Ventura County but with modifications from City Council.
ATTACHMENTS:
Harvard Shelter Funding Agreement
376
65283.00005\44213251.2
AGREEMENT TO PROVIDE FINANCIAL SUPPORT FOR THE OPERATION OF A
PERMANENT, YEAR-ROUND SHELTER SERVING HOMELESS INDIVIDUALS IN
SANTA CLARA VALLEY COMMUNITIES INCLUDING THE CITY OF SANTA
PAULA, CITY OF FILLMORE, AND UNINCORPORATED AREA OF PIRU FISCAL YEAR 2025-2026
This Agreement to Provide Financial Support for the Operation of a Permanent, YearRound Shelter Serving Homeless Individuals in Santa Clara Valley Communities Including the City of Santa Paula, City of Fillmore, and Unincorporated Area of Piru (“Agreement”), dated July 1, 2025, is hereby entered into by and between the cities of Santa Paula and Fillmore (individually referred to as “Santa Paula” and “Fillmore”, respectively, and collectively as “Participating Cities”) and the County of Ventura (“County”) (Participating Cities and County each a “Party” and collectively the “Parties”).
RECITALS
WHEREAS, a serious need exists for a permanent, year-round shelter with sustainable funding to serve homeless individuals in Ventura County and particularly within the City of Santa Paula serving the Santa Clara Valley communities including the City of Fillmore and the unincorporated area of Piru;
WHEREAS, the Spirit of Santa Paula, a California nonprofit (“Shelter Operator”) operates a permanent, year-round shelter for homeless individuals at Harvard Shelter, located at 1498 E. Harvard Blvd. Santa Paula, CA 93060 (“Shelter”); WHEREAS, pursuant to an agreement dated August 8, 2023, and amended on August 18, 2025, the Parties provided financial assistance for the Shelter for fiscal years 2023-2024 and 2024-2025;
WHEREAS, the Shelter Operator has provided a projected annual budget for Shelter operations of approximately $745,596 (Exhibit A - FY 2025-2026 Projected Operating Budget) for fiscal year 2025-2026;
WHEREAS, the Parties now intend to enter into this new Agreement to provide financial assistance to the Shelter Operator for the actual operating expenses of the Shelter for fiscal year 2025-2026, for a total amount not-to-exceed $700,000 for the fiscal year (“Base Operating Expense”).
WHEREAS, the Shelter is necessary to meet the growing challenge of homelessness and continued financial assistance to the Shelter (with the City of Santa Paula acting as a conduit) serves the public purpose of providing temporary shelter and housing navigation services to the homeless population and achieving the goal of reducing the number of individuals experiencing homelessness; and
WHEREAS, the Shelter does and will continue to provide access to a range of programs and supportive services to temporarily shelter 49 homeless individuals. The Shelter shall meet the needs of the homeless population and will be operated by Shelter Operator under a contract with 377
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the City of Santa Paula, one of the Participating Cities, with the City of Fillmore and the County providing financial support as set forth in this Agreement.
NOW, THEREFORE, IN CONSIDERATION of the mutual agreements, obligations, and representations set forth herein, Participating Cities and County hereby agree as follows:
1. FINANCIAL CONTRIBUTIONS; DUTIES AND RESPONSIBILITIES a. General Provisions
i. The Shelter year of operation covered by this Agreement is the 2025-2026 fiscal year running from July 1, 2025 to June 30, 2026. By or before April 1, 2026, staff of each Party will meet and jointly determine the projected operating budget for the Shelter for the upcoming fiscal year (or other period) and the portion of the budget to be paid by each Party for consideration in deciding whether to extend this Agreement as set forth in Section 3.a. below. Staff of each Party will then recommend to its respective governing body whether to approve the budget and apportionment of the budget among the Parties as prepared by staff. If the governing body of a Party does not approve both the budget and the apportionment by June 30, 2026, or by June 30 of any applicable fiscal year thereafter, then this Agreement shall automatically terminate, and no Party will have any further obligations under this Agreement. The projected operating budget for the operation of the shelter from July 1, 2025, through June 30, 2026, (“FY 2025-2026 Budget”) is set forth in Exhibit A of this Agreement. The FY 2025-2026 Budget is for information purposes only. The Parties have no obligation to contribute beyond their respective shares as set forth in this Agreement.
ii. Payments contemplated by this Agreement by any Party for any period after June 30, 2026, are contingent on approval by the governing body of each Party of a budget for the upcoming year of operation and apportionment of the budget among the Parties. If the governing body of each Party approves the budget and the apportionment for the upcoming year of operation, the Parties’ payments for that year of operation will be governed by the terms of any future amendment to this Agreement then in effect, provided this Agreement has not been previously terminated and is extended by the Parties in writing following approval by their respective governing bodies.
iii. It is understood by all Parties that the financial assistance to be provided to Shelter Operator pursuant to this Agreement in an amount not to exceed $700,000 is to fund the actual cost of the main shelter operations not other programs offered at the Shelter site such as street outreach, a food pantry and Behavioral Health Bridge Housing and, therefore, the Shelter Operator will need to continue to identify alternative sources of funding. b. City of Santa Paula
i. Operating Agreement with Shelter Operator. The City of Santa Paula and Shelter Operator entered into an Operating Agreement on or around August 8, 2023 with an Initial Term (as defined therein) ending on June 30, 2025. The City shall extend the Operating Agreement through June 30, 2026 and amend its terms to align with this Agreement (hereafter, “2025-2026 Operating Agreement”). Unless expressly stated otherwise in this Agreement, County and the City of Fillmore shall not be a party to any contract with the Shelter 378
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Operator or for any construction contracts for the Shelter; however, County and City of Fillmore shall, in the Operating Agreement, be designated as third party beneficiaries with the right to enforce the Operating Agreement’s defense and indemnification provision that is required pursuant to Section 4.m. below. City of Santa Paula shall provide the proposed 2025-2026 Operating Agreement to County and City of Fillmore for their review and approval as to consistency with the applicable provisions of this Agreement before the 2025-2026 Operating Agreement is executed and/or extended by the City of Santa Paula.
ii. Santa Paula’s Contribution. The City of Santa Paula agrees to fund at least $200,000 for the fiscal year 2025-2026 as part of the 2025-2026 Operating Agreement it enters into with the Shelter Operator, subject to Council approval. iii. Parties’ Payments from Santa Paula to Shelter. All County and City of Fillmore payments to the Shelter Operator required under this Agreement will be given to the City of Santa Paula for transfer to the Shelter Operator. The City of Santa Paula will process payments to Shelter Operator within 30 days of receipt of complete and adequate documentation from the Shelter Operator as outlined in their 2025-2026 Operating Agreement with the City of Santa Paula. The City of Santa Paula shall provide documentation of same to County within 60 days and to City of Fillmore within 60 days of the end of each fiscal quarter. If the City of Santa Paula fails to provide timely and adequate documentation for any payment to the Shelter Operator, County and City of Fillmore shall be entitled to deny reimbursement, suspend future payments and/or recover any payment for which adequate supporting documentation has not been timely provided. Acceptable documentation for staff and non-staff costs to operate the Shelter includes, but is not limited to, payroll records, receipts, invoices and proof of payment. County staff will provide documentation training for City of Santa Paula and Shelter Operator if requested. Inclusive of City of Santa Paula’s share, Shelter Operator will have received up to $700,000 toward the actual Base Operating Expense for fiscal year 2025-2026. c. City of Fillmore
The City of Fillmore agrees to contribute the sum of $150,000 toward the Shelter’s actual Base Operating Expense for the fiscal year 2025-2026. Starting July 1, 2025, the City of Fillmore will pay the City of Santa Paula $37,500, on a quarterly basis, for transfer to the Shelter Operator to cover its commitment to Shelter operating expenses for each fiscal quarter. Within 60 days of the end of each fiscal quarter, as set forth in Section 1.b. above, the City of Santa Paula will submit to the City of Fillmore a statement evidencing Santa Paula’s payment of appropriate amounts to the Shelter Operator for the fiscal quarter. Payments by Fillmore for any period after June 30, 2026, are contingent on approval by the governing body of each Party of a budget for the upcoming year of operation and apportionment of the budget between the Parties, as set forth in Section 1.a. above.
For purposes of clarity, the following table illustrates the payment schedule in this subsection:
FISCAL QUARTERS July 1 – October 1 – January 1 – April 1 – 379
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FOR FY 2025-2026 September 30 December 31 March 31 June 30 Fillmore Payment Due
to Santa Paula (start of
quarter)
July 1 October 1 January 1 April 1
Amount Due to Santa
Paula
$37,500 $37,500 $37,500 $37,500
Santa Paula Statement
Due to Fillmore (60 days
after quarter end)
December 30 March 2 May 31 August 30
d. County
i. County’s Contribution. In consideration for the City of Santa Paula entering the 2025-2026 Operating Agreement with the Shelter Operator pursuant to the terms of this Agreement, the County agrees to contribute a combined total amount not to exceed $350,000 toward the Shelter’s actual Base Operating Expense for the fiscal year 2025-2026, through reimbursement payments to City of Santa Paula. For the fiscal year, the County has agreed to match the combined contributions of the City of Santa Paula and the City of Fillmore. ii. Matching Contribution. Matching the combined contributions of Fillmore and Santa Paula, County will reimburse Santa Paula for 50% of actual Shelter operation costs or up to $87,500 each fiscal quarter, whichever amount is lower, provided Shelter expenses have been verified and timely paid by the City of Santa Paula with documentation acceptable to County as set forth in this section and Section 1.b. above. iii. In recognition of the $1.5 million capital investment supplied by the State of California, the County agrees to reserve the sum of $750,000, representing 50% of the $1.5 million capital investment, to be held by the County as a reserve fund for the Shelter.
Notwithstanding Section 1.d.ii., above, such reserve fund shall be used exclusively for the sustainable operation and maintenance of the Shelter for emergency repairs and other essential items to include major facility repairs involving roofing, environmental controls, plumbing, appliances or essential furniture and equipment (“Reserve”). Not later than thirty (30) days after a written draw from Santa Paula, the County will disburse monies from the Reserve. The County will disburse requested funds when it is shown there is insufficient revenue to pay unforeseen costs, including without limitation damage or repairs, that, if not paid within a specified time, would prevent the operation of the Shelter in accordance with the objectives in this Agreement. e. Additional Revenue for Base Shelter Operations
The Shelter Operator will need to raise funds to support the Base Operating Expense (BOE) not covered by the amounts in this Agreement. Once the BOE is funded, any funding received for operations and maintenance including grants, private donations, or other funds to support the Base Operating Expense, Participating Cities and County’s respective financial contributions shall be 380
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proportionately reduced so that Participating Cities and County benefit in proportion to their respective financial contributions. Any proportional reduction in each party’s financial contribution made pursuant to this paragraph will be made regardless of whether that additional revenue was individually or jointly pursued or awarded. Private donations directly given to Spirit, the cities, County, or any non -profit for the operation of the shelter shall be deemed to be under the control of the recipient, which shall have sole discretion over its use. The Shelter Operator will provide a list of grants applied for and philanthropic inquiries at the end of each quarter.
2. PROGRAM OBJECTIVE AND PERFORMANCE
Participating Cities and County agree that the following are goals, practices and principles that shall govern the operation of the Shelter. The City of Santa Paula shall include such goals, practices, and principles in this Section 2 in its Operating Agreement with the Shelter Operator. a. Service Model
i. The Shelter Operator will provide a safe place for homeless individuals to stay and stabilize while partnering with service providers to develop a plan for safe, secure, and permanent housing. The primary purpose of the Shelter beyond temporary sheltering is to leverage community resources that will assist homeless individuals in quickly securing and moving into suitable permanent housing and in achieving long-term housing stability. ii. The Shelter Operator will participate in the Ventura County Continuum of Care’s Coordinated Entry System, Pathways to Home, and will enter all Shelter occupants into the Ventura County Homeless Management Information System. iii. The Shelter Operator will operate and develop the appropriate individualized case plan for each Shelter occupant that is client-centered, culturally, and linguistically appropriate, trauma-informed, and sensitive to the wide ranges of needs of the Shelter occupants, with the goal to transition the Shelter occupant to stable and affordable housing. iv. The following competencies are integral parts of the program design and operation of the Shelter:
(1) Low-barrier access and services
(2) Housing first
(3) Harm reduction
(4) Trauma-informed care
(5) Client-centered
b. Program and Service Components
i. Participating Cities and County encourage the Shelter Operator to implement the following program objectives:
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(1) Manage program resources, including reasonable pursuit of grants to offset financial contributions from the Parties to this Agreement, to achieve cost efficiencies and effectiveness and to facilitate services to as many Shelter occupants as feasible; (2) Expand the capacity to serve Shelter occupants by
facilitating the delivery of services of multiple service providers; (3) Seek additional resources to augment emergency shelter and housing opportunities for Shelter occupants; and
(4) Refer families with children to the County of Ventura Human Services Agency for alternative sheltering options such as CalWORKs Housing Support Program and other transitional housing options within one business day of admission to shelter. ii. Participating Cities and County encourage Shelter Operator to work with each Shelter occupant to create an individualized case plan and provide the resources to achieve such a plan toward securing housing. To achieve these objectives, Participating Cities and County encourage Shelter Operator to perform, at a minimum, the following services and functions:
(1) Connect Shelter occupants to needed resources (income, counseling, substance abuse, etc.) by:
(a) Developing a personalized housing plan;
(b) Supporting Shelter occupants in managing their own
lives within the scope of their resources and abilities; (c) Providing housing location and counseling services; (d) Establishing relationships with private and public
property owners and rental agencies;
(e) Assisting to provide permanent housing
opportunities to Shelter occupants; and
(f) Assisting with housing applications.
(2) The case management services shall include the
development of an individualized service plan based on needs, circumstances, and market conditions, focused on helping individuals find and keep stable housing and linkages to other community-based support services.
c. Reporting and Accountability Review
i. City of Santa Paula will provide quarterly reporting in a format provided by the County to be completed by the Shelter Operator so that goals can be assessed, this will include a quarterly Performance Report from the Homeless Management Information 382
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System. The City of Santa Paula will implement a performance-based outcome specific payment structure that includes the following performance goals for the Shelter Operator, and will reduce Shelter Operator invoice payment by five percent (5%) should fewer than four of the following five goals be attained:
(1) Exits to Positive Destinations: Shelter Operator shall facilitate exits to permanent housing or other positive destinations for at least 30% of shelter residents.
(2) Housing Plans: Shelter Operator shall develop housing plans for each shelter resident within 30 days of entering the shelter. (3) Length of Stay: Shelter Operator shall ensure an average length of stay of 180 days or less for non-permanent supportive housing (non-PSH) clients entering the facility on or after July 1, 2025.
(4) Occupancy Rate: Shelter Operator shall maintain a
minimum shelter occupancy rate of 90%.
(5) Enrollment in Coordinated Entry System: Shelter Operator will enter clients into the Coordinated Entry System within one week of client entry into the shelter.
ii. City of Santa Paula will process payments to the Shelter Operator within 30 days of receipt of complete and adequate documentation as outlined in their 2025-2026 Operating Agreement and provide documentation of same to County following payment. iii. Participating Cities and County shall review the performance of the Shelter Operator at least quarterly to assess whether, using its best efforts, all goals are being pursued.
iv. In addition to the performance and reporting above, Shelter Operator is expected to reduce the overall number of individuals experiencing unsheltered homelessness within the City of Santa Paula and the City of Fillmore.
3. TERM AND TERMINATION
a. The initial term of this Agreement shall begin on July 1, 2025 upon execution by all Parties, and expire on June 30, 2026, (“Initial Term”). On or before April 1, 2026, the Parties will meet and review Shelter Operator’s performance and discuss a potential future budget for the Shelter pursuant to Section 1 of this Agreement. The Parties have no obligation to extend the Agreement beyond the Initial Term ending June 30, 2026, and any renewal or modification is contingent on the approval of the respective Parties’ governing bodies.
4. INDEMNITY AND INSURANCE AND HOLD HARMLESS PROVISIONS 383
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a. Since the City of Santa Paula is contracting with the Shelter Operator, and the Shelter Operator will have the primary responsibility for the Shelter operations, the City of Santa Paula will, at its sole cost and expense, obtain and maintain in full force during the term of this Agreement the following types of insurance:
i. General Liability "occurrence" coverage in the minimum amount of $2,000,000 combined single limit (CSL) bodily injury & property damage each occurrence and $4,000,000 aggregate, including personal injury, broad form property damage, products/completed operations, and broad form blanket contractual.
ii. Automobile Liability coverage in the minimum amount of $1,000,000 CSL bodily injury & property damage, including owned, non-owned, and hired automobiles. Also, to include uninsured/underinsured motorists coverage in the minimum amount of $100,000 when there are owned vehicles.
iii. Workers' Compensation coverage, in full compliance with California statutory requirements, for all employees of contractor and Employer's Liability in the minimum amount of $1,000,000.
b. All insurance required will be primary coverage as respects the Parties and any insurance or self-insurance maintained by the County and the City of Fillmore will be excess of the City of Santa Paula’s insurance coverage and will not contribute to it. c. The Parties are to be notified immediately if any aggregate insurance limit is exceeded. Additional coverage must be purchased to meet requirements. d. The County of Ventura, its boards, agencies, departments, districts, officers, employees, agents, and volunteers are to be named as Additional Insured as respects work done by the City of Santa Paula under the terms of this Agreement on all policies required (except Workers' Compensation).
e. The City of Fillmore, its council, boards, agencies, departments, districts, officers, employees, agents, and volunteers are to be named as Additional Insured as respects work done by the City of Santa Paula under the terms of this Agreement on all policies required (except Workers' Compensation).
f. The City of Santa Paula agrees to waive all rights of subrogation against the City of Fillmore, the County of Ventura, their boards, agencies, departments, officers, employees, agents, and volunteers for losses arising from work performed by the City of Santa Paula under the terms of this Agreement as it pertains to Workers’ Compensation. g. Policies will not be canceled, non-renewed, or reduced in scope of coverage until after sixty (60) days written notice has been given to the County’s Risk Management Division.
h. The City of Santa Paula agrees to provide all Parties with the following insurance documents on or before the effective date of this Agreement:
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i. Certificates of Insurance for all required coverage. ii. Additional Insured endorsements.
iii. Waiver of Subrogation endorsements (a.k.a.: Waiver of Transfer Rights of Recovery Against Others, Waiver of Our Right to Recover from Others) as it pertains to Workers’ Compensation.
iv. Failure to provide these documents will be grounds for immediate termination or suspension of this Agreement. The City of Santa Paula’s obligation to provide evidence of insurance coverage may be wholly satisfied by providing a certificate of selfinsurance. i. As an alternative to subsections a. through h. above, the City of Santa Paula can contract with the Shelter Operator so that the Shelter Operator, at its sole cost and expense, obtains and maintains in full force during the term of this Agreement the insurance specified in subsections a. through h. above on behalf of all parties. Such Shelter Operator insurance would be primary coverage. In the event that the Shelter Operator fails to provide or maintain such coverage, the City of Santa Paula’s obligation to provide insurance set forth in this Section 4 shall apply.
j. The Participating Cities shall defend, indemnify and hold harmless the County, its Board of Supervisors, officers, directors, districts, agents, employees and volunteers from and against all third party demands, claims, actions, liabilities, losses, damages, and costs, including reasonable attorney’s fees, arising out of or resulting from the performance of the Agreement, caused in whole or in part by the grossly negligent or intentional acts or omissions of the Participating Cities, their officers, directors, agents, employees, or subcontractors. With respect to Santa Paula’s obligations under this paragraph, “performance of the Agreement” does not include Shelter Operator’s operation of the Shelter. k. The County shall defend, indemnify, and hold harmless the Participating Cities, their officers, directors, districts, agents, employees, and subcontractors from and against all third party demands, claims, actions, liabilities, losses, damages and costs, including reasonable attorney’s fees, arising out of or resulting from the performance of the Agreement, caused in whole or in part by the grossly negligent or intentional acts or omissions of the County’s Board of Supervisors, officers, directors, agents, employees, or volunteers. l. It is the intention of the Parties that the indemnity provisions of this section be interpreted to impose on each Party responsibility to the other for the acts and omissions of their respective officers, directors, agents, employees, volunteers. It is also the intention of the Parties that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any damage attributable to the fault of that Party, its officers, directors, agents, employees, volunteers. m. City of Santa Paula shall require, as part of its 2025-2026 Operating Agreement with the Shelter Operator, that Shelter Operator agree to defend, indemnify and hold harmless the County and City of Fillmore and their respective officials, officers, directors, districts, 385
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agents, employees and volunteers (each individually, “Indemnified Party”), from and against all third party demands, claims, actions, liabilities, losses, damages, and costs, including reasonable attorney’s fees, arising out of or resulting from Shelter Operator’s operation of the Shelter, except for those resulting from an Indemnified Party’s gross negligence or intentional misconduct.
5. LEGAL COMPLIANCE
The Parties, in expending funds which will be used by Shelter Operator to operate the Shelter as contemplated in this Agreement, shall comply with all applicable federal, state, and local laws, regulations and ordinances.
6. GOVERNING LAW; JURISDICTION
This Agreement and all matters pertaining thereto will be construed and enforced according to the laws of the State of California. Any litigation or other court proceeding shall take place in the state or federal courts located in the State of California, and the Parties will accept the exclusive jurisdiction of these courts. Venue shall be in the County of Ventura, California.
7. NOT CONSTRUED AGAINST DRAFTER
This Agreement has been negotiated and prepared by the Parties and their respective counsel, and should any provision of this Agreement require judicial interpretation, the court interpreting or construing the provision shall not apply the rule of construction that a document is to be construed more strictly against one Party.
8. DISCLAIMER OF RELATIONSHIP
Nothing in this Agreement will be deemed or construed to create any relationship of principal and agent, limited or general partnership, joint venture, or any association among the Parties.
9. SEVERABILITY
If any provision of this Agreement shall be declared invalid, inoperative or unenforceable by a final judgment or decree of a court of competent jurisdiction such invalidity or unenforceability of such provision shall not affect the remaining parts of this Agreement which are hereby declared by the parties to be severable from any other part which is found by a court to be invalid or unenforceable.
10. DISPUTE RESOLUTION
If the Parties have a dispute that they are unable to resolve at the staff level, any of the Parties may escalate the dispute to the executive staff level (i.e., to the City Managers and the County Executive Officer) by submitting a signed and dated request for dispute resolution. If the City Managers and the County Executive Officer are unable to resolve the dispute, the item in dispute may be presented to the City Councils and the County Board of Supervisors for resolution.
11. ENTIRE AGREEMENT; AMENDMENT; WAIVER
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Unless explicitly stated otherwise in this Agreement, this Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof. This Agreement can only be amended or modified in a writing signed by authorized representatives of each of the Parties.
All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Party to be charged.
12. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages of one or more counterpart copies may be removed from such counterpart copies and all attached to the same copy of this Agreement, which, with all attached signature pages, shall be deemed to be an original.
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COUNTY OF VENTURA CITY OF SANTA PAULA
Dr. Sevet Johnson Dan Singer
County Executive Officer City Manager
APPROVED AS TO FORM ATTEST:
Francesca S. Verdin Julie Latshaw
Assistant County Counsel City Clerk
County of Ventura
APPROVED AS TO FORM
Monica Castillo
City Attorney
CITY OF FILLMORE
Mark Austin
Mayor
ATTEST:
Olivia Carrera Lopez
City Clerk
APPROVED AS TO FORM
Tiffany Israel
City Attorney
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EXHIBIT A
FY 2025-2026 Projected Operating Budget
389
To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO - OCTOBER 8- 10, 2025
Date: October 1, 2025
Agenda Item: 12.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
Nominate a voting delegate and alternate delegate to participate in the 2025 League of California Cities Annual Conference.
Presented by: Julie Latshaw, City Clerk
BACKGROUND:
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Each City is asked to designate a voting delegate and an alternate who plans to attend the 2025 League of California Cities Annual Conference. The voting delegate votes on behalf of the City on conference resolutions that will guide cities and the League in efforts to improve the quality, responsiveness and vitality of local government in California.
ANALYSIS:
To date, the City has yet to receive any proposed resolutions or changes to the League's bylaws or policies. As proposals or resolutions are received from the League, they will be forwarded to the Mayor to determine whether or not those items should come before the full Council for consideration prior to a vote of the League membership.
Traditionally, the Mayor serves as the voting delegate when they are attending the conference, or an alternate is chosen by the Council in advance of the conference. This year, all five Councilmembers have registered to attend the annual conference, therefore it is recommended the Council designate the Mayor as the City's delegate for the October conference and at least one other Councilmember as the alternate.
STRATEGIC PLAN:
390
This item is not a goal or objective in City Council's two-year Strategic Plan. However, nominating a delegate to speak on behalf of the City of Santa Paula meets the Council's mission to providing and continually creating a safe, sustainable, and innovative place to live, work and thrive.
FISCAL IMPACTS:
There are no fiscal impacts associated with this item.
OPTIONS:
Should the Mayor prefer not to participate, Council may select from among any of its members since all will be attending this year's conference. In the event no member of the City Council wishes to participate in the annual meeting, the City of Santa Paula will be without a vote on the items that may be of importance to the City of Santa Paula.
ATTACHMENTS:
391
To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: FUTURE AGENDA ITEMS
Date: October 1, 2025
Agenda Item: 13.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:
Should a member of the City Council wish to introduce a future agenda topic, it should be done in compliance with the Council's adopted Manual of Procedural Guidelines, Section 5.1.
Items introduced by a member of the Council during a Council meeting requires a second and should be reserved for time-sensitive matters needing attention within the proceeding 45 day period.
STRATEGIC PLAN:
FISCAL IMPACTS:
OPTIONS:
ATTACHMENTS:
10.01.2025 Future Agenda Items lm.docx
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Santa Paula City Council Tentative Agenda Schedule
Updated 9/24/25
Activities associated with the Council’s Strategic Plan* Regular Meeting
October 15 - 6:30pm
Admin City Managers Department Report
CDD Community Development Department Report
P&R Holiday Parade Request
PW Plans & Specifications for 8th Street Streetlight Repair Project PW EV Fast Charger Installation & Maintenance Agreement Finance Master Fee Schedule
Admin Committee/Commission Interview & Appointments
Regular Meeting
November 5 - 6:30pm
Finance Year End & First Qtr. Financial Report
Finance Measure T Audit
Finance Community Facilities District & Developer Agreement PD Police Department Report
STUDY SESSION TOPICS
Admin No Smoking Ordinance 3
rd Qtr.
Finance Development Impact Fees (DIF)* 3
rd Qtr.
Admin Municipal Code Update – Joint with Planning Commission* Ongoing CDD Use of Triangle Property on Housing TBD
FUTURE AGENDA ITEMS
P&R Fireworks Funding Oct/Nov
PW 5-Year Pavement Management Plan – Cycle 2 Nov
PD COPS Law Enforcement Funds Oct
CDD Central Business District Live Entertainment Ord 1339 TBD Legal Fire MOU Amendment for Station 26 TBD
CDD Downtown Vacancies Options* TBD
CDD Downtown Parking Inventory and Options* TBD
PW Water & Sewer Rate Study TBD
CDD Animal Shelter Agreement TBD
CDD Athens Rate Adjustment Request TBD
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