Agenda packet, regular meeting — Buena Park City Council, April 22, 2025 (part 3 of 6)

Notes on Chemicals with Notification Levels Page 7
Appendix 1 – Methods for Determination of Notification Levels Page 14 Appendix 2 – Health and Safety Code §116455 Page 16
Notes:

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulation for these types of PFAS. The regulation calls for a maximum contaminant level (MCL) for:

PFOS: 4 parts per trillion (ppt); PFOA: 4 ppt; PFHxS: 10 ppt; PFNA: 10 ppt; GenX (HFPO-DA): 10 ppt The EPA also set a combined hazard index limit of 1.0 for any combination of PFNA, PFHxS, PFBS, and GenX; the hazard index calculation would determine if the levels of these PFAS as a mixture pose a potential risk.

Water systems must begin monitoring for these PFAS within three years (2027), and must comply with the regulation within five years (2029).

Besides the EPA, the California State Water Resources Control Board’s Division of Drinking Water (DDW) has existing notification and response levels for four of these PFAS:

PFOS: NL 6.5 ppt, RL 40 ppt;
PFOA: NL 5.1 ppt, RL 10 ppt;
PFBS: NL 500 ppt, RL 5,000 ppt;
PFHxS: NL 3 ppt, RL 20 ppt

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Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml Table 1. Drinking Water Notification Levels
Notes* Chemical Notification Level
(milligrams per liter)
1 Boron 1
2 n-Butylbenzene 0.26
3 sec-Butylbenzene 0.26
4 tert-Butylbenzene 0.26
5 Carbon disulfide 0.16
6 Chlorate 0.8
7 2-Chlorotoluene 0.14
8 4-Chlorotoluene 0.14
9 Diazinon 0.0012
10 Dichlorodifluoromethane (Freon 12) 1
11 1,4-Dioxane 0.001
12 Ethylene glycol 14
13 Formaldehyde 0.1
14 HMX 0.35
15 Isopropylbenzene 0.77
16 Manganese 0.5
17 Methyl isobutyl ketone (MIBK) 0.12
18 Naphthalene 0.017
19 N-Nitrosodiethylamine (NDEA) 0.00001
20 N-Nitrosodimethylamine (NDMA) 0.00001
21 N-Nitrosodi-n-propylamine (NDPA) 0.00001
22 Perfluorobutanesulfonic acid (PFBS) 0.0005
23 Perfluorohexanesulfonic acid (PFHxS) 0.000003
24 Perfluorooctanoic acid (PFOA) 0.0000051
25 Perfluorooctanesulfonic acid (PFOS) 0.0000065
26 Propachlor 0.09
27 n-Propylbenzene 0.26
28 RDX 0.0003
29 Tertiary butyl alcohol (TBA) 0.012
30 1,2,4-Trimethylbenzene 0.33
31 1,3,5-Trimethylbenzene 0.33
32 2,4,6-Trinitrotoluene (TNT) 0.001
33 Vanadium 0.05
* Notes include toxicological endpoint, references, history, and other information (see page 7)

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Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml Table 2. Response Levels
(at which removal of a source from service is recommended; additional notification is recommended if the source is not removed from service, as described below) Chemical Toxicological
Endpoint
Response Level
(Multiples of
Notification Level)
RDX Cancer risk 100 times the NL
TBA Cancer risk 100 times the NL
TNT Cancer risk 100 times the NL
NDPA Cancer risk 50 times the NL
1,4-Dioxane Cancer risk 35 times the NL
NDMA Cancer risk 30 times the NL
NDEA Cancer risk 10 times the NL
PFOS and PFOA Cancer risk 100 times Cancer risk*
PFHxS Non-cancer
10 times Toxicological
endpoint**
All others Non-cancer 10 times the NL
* Theoretical de minimis cancer risk level (10-6) is less than the established notification level (NL).
** For toxicological endpoint, references, history, and other information (see page 7) History of Notification Levels
The Division of Drinking Water’s precursor, the Drinking Water Program of the California Department of Public Health (CDPH), and earlier, the California Department of Health Services, CDHS, established health-based advisory levels, called “notification levels” (referred to as “action levels" through 2004), as needed since the early 1980s. These have been used to provide information to public water systems and others about certain non-regulated chemicals in drinking water that lack maximum contaminant levels (MCLs).

When chemicals are found at concentrations greater than these levels, certain requirement and recommendations apply.

Generally, notification levels have been established in response to actual contamination of drinking water supplies, e.g., perchlorate, which now has an MCL. However, notification levels for a number of chemicals were established in anticipation of possible contamination, such as from a hazardous waste site containing many pesticides (in the 1980s), or from a Superfund site (in the 2000s).

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Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml Chemicals for which notification levels are established may eventually be regulated by MCLs (through a formal regulatory process), depending on the extent of contamination, the levels observed, and the risk to human health. Most, however, have not proceeded to MCLs.

Once established, a notification level generally stays in place, unless it is replaced by an MCL. On occasion, though, we have revised the numeric value of an individual notification level to reflect new risk assessment information on the particular chemical. For some of the chemicals that had advisory levels established early on, if no MCL was adopted and the need for the notification level had passed, the advisory level was archived. Archived advisory levels may nevertheless be updated to reflect any new risk information that may become available and may be used as notification levels if needed.

In total, notification levels have been established for 97 chemicals, for which, 33 chemicals have notification levels, 40 chemicals now have MCLS and 24 are chemicals with archived advisory levels (AALs).

Note that following adoption of an MCL, the notification level is no longer used. For more about AALs and notification levels, go to
http://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevel s.shtml.

Decade
Established
Notification
Levels
Now
with MCLs Archived Current
1980s 60 37 21 2
1990s 12 2 3 7
2000s 21 0 0 21
2010s 2 1 0 1
2020s 2 0 0 2
TOTAL 97 40 24 33
Determination of Notification Levels
Notification levels are calculated using standard risk assessment methods (see Appendix 1) for non-cancer and cancer endpoints, and typical exposure assumptions, including a 2-liter per day ingestion rate, a 70-kilogram adult body weight, and a 70-year lifetime.

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Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml · For chemicals that are not considered carcinogens, the notification level is derived from the no observed adverse effect level (NOAEL), adjusted by appropriate factors to take into account uncertainties in the available data. An estimate of drinking water's contribution to total exposure to the contaminant is also included, referred to as the relative source contribution. · For those that are considered carcinogens, the notification level is considered to pose "de minimis" risk, i.e., a theoretical lifetime risk of up to one excess case of cancer in a population of 1,000,000 people—the 10-6risk level. (In that population, approximately 250,000-300,000 cases of cancer would be anticipated to occur naturally.) In several instances, we established notification levels above the 10-6risk level.

On occasion, the chemical may not be detectable as low as the notification level by usual laboratory analytical methods. In this case, detectability prevails, and our approach is to consider a detectable quantity as over the notification level until a more sensitive method is available.

Monitoring for Chemicals with Notification Levels
Monitoring by public water systems for chemicals with notification levels is not required, except for unregulated contaminants for which monitoring is required (UCMR). Projects for groundwater replenishment using recycled water and systems proposing to use extremely impaired sources may need to monitor for certain chemicals with notification levels.

Should a chemical be detected over its notification level, we recommend a confirmation sample as soon as possible, with the average value compared to the notification level.

We recommend tracking the presence of the chemical by follow-up sampling at a reasonable frequency.

Notification Levels (see Table 1, page 2)
Notification levels are advisory in nature and not enforceable standards. However, if a chemical is present over its notification level, the following apply:
· Required by Statute: Local Government Notification—Health and Safety Code §116455 requires a drinking water system to notify the governing body of the local agency in which users of the drinking water reside (i.e., city council and/or county board of supervisors) when a chemical in excess of a notification level is discovered in a drinking water source. See Appendix 2.

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Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml · Consumer Notice (Recommendation)—If a chemical is over its notification level in drinking water that is provided to consumers, we recommend that the utility inform its customers and consumers about the presence of the contaminant, and about the health concerns associated with exposure to it. If the utility decides to provide consumer notice, it may want to consider using its annual Consumer Confidence Report, a separate mailing, or other method.

Response Levels (see Table 2, page 3)
DDW recommends that the drinking water system take the source out of service if a chemical is present at levels considerably higher than its notification level. The level at which the recommendation occurs is called the “Response Level.” The specific recommendation depends on the toxicological endpoint that provided the basis for the notification level.

Perfluoroalkyl substances and polyfluoroalkyl substances with notification levels have additional requirements per state law. When a confirmed detection exceeds the response level, a community water system or a nontransient noncommunity public water system is required to:
· Report that detection in the water system’s annual consumer confidence report (CCR).
· Take a water source where detected levels exceed the response level out of use or provide public notification (as specified in Health and Safety §116378) within 30 days of the confirmed detection.

DDW recommends source removal when the chemical's concentration is:
· 10 times the notification level, if it is based on non-cancer endpoints. A level greater than 10 times the notification level reduces the margin of safety provided.
· 100 times the notification level, if it is based on cancer risk and established at the 10-6risk level. A level 100 times the notification level corresponds to a theoretical lifetime risk of up to one excess case of cancer in 10,000 people, the upper value of the 10-6to 10-4risk range typically allowed by regulatory agencies.
· If the notification level is established at a risk greater than 10-6, as it is for 1,4- dioxane, NDEA, NDMA and NDPA, the response level for this recommendation is adjusted downward accordingly, so that it corresponds to the 10-4risk level, as discussed in the second bullet.

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When a drinking water system does not take a source out of service despite the presence of a contaminant in drinking water at a level confirmed to be greater than the response level, DDW recommends the following:
· Notification of the local governing body (i.e., city council or board of supervisors, or both) that indicates water is being provided that exceeds the chemical’s response level, and the reason for the continued use of the source.
· Notification of the water system’s customers and other water consumers that the contaminant is present in their drinking water at a concentration greater than its response level, the level at which source removal is recommended, and the reason for the continued use of the source.
· Whenever such a public "right-to-know" notice occurs, it should be provided to customers and to the water-consuming population in the affected area that would not directly receive such information, including renters, workers and students.
· Notification should be provided directly to consumers, for example by posted notices, hand-delivered notices, and water bill inserts. · A press release from the water system should also be issued to the local media.

Thereafter, DDW recommends the following:
· Monthly sampling and analysis of the drinking water supply for as long as the contaminant exceeds its response level, and quarterly sampling for 12 months, should the concentration drop below the response level. · Quarterly notification of the water system’s customers and other water consumers for as long as the contaminant is present at a concentration greater than its response level, using the methods described above.

Should the water system refuse to provide additional consumer notification, DDW may provide that notification.

Notes for Chemicals with Notification Levels

1. Boron: ENDPOINT: Noncancer—decreased fetal weight (developmental) in rats.

REFERENCE: US EPA Integrated Risk Information System (IRIS), 2004. [Date refers to latest date in revision history.] Boron and Compounds. The last revision

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Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml for the oral RfD was August 5, 2004. HISTORY: Notification level first established at 1 mg/L at an uncertain date but thought to be early to mid-1990s.

ADDITIONAL INFORMATION: The relatively large number of sources with boron detections reflects its natural occurrence.

2. n-Butylbenzene: ENDPOINT: Noncancer—increased kidney weight in rats, using cumene (isopropylbenzene) as a surrogate. REFERENCES: (1) National Center for Environmental Assessment (NCEA), 1997, Risk Assessment Issue Paper for:

Derivation of Provisional Chronic RfDs for n-Butylbenzene, sec-Butylbenzene, tert-Butylbenzene, and n-Propylbenzene. NCEA, US EPA (97-009/6-5-97) and (2) Memorandum from R. Howd, Office of Environmental Health Hazard Assessment (OEHHA), to D. Spath, CDHS, "Proposed Action Level for nPropylbenzene," October 27, 2000. HISTORY: Notification level was first established as 0.045 mg/L (date uncertain), and revised to 0.07 mg/L in 2000, and to current level in 2003.

3. sec-Butylbenzene: ENDPOINT: Noncancer—increased kidney weight in rats, using cumene (isopropylbenzene) as a surrogate. REFERENCE: OEHHA, 2000.

Memorandum from R. Howd, OEHHA, to D. Spath, CDHS, "Proposed Action Levels for sec-Butylbenzene and tert-Butylbenzene," October 27, 2000.

4. tert-Butylbenzene: ENDPOINT: Noncancer—increased kidney weight in rats, using cumene (isopropylbenzene) as a surrogate. REFERENCE: OEHHA, 2000.

Memorandum from R. Howd, OEHHA, to D. Spath, CDHS, "Proposed Action Levels for sec-Butylbenzene and tert-Butylbenzene," October 27, 2000.

5. Carbon disulfide: ENDPOINT: Noncancer—decreased motor conduction velocity in people. REFERENCE: OEHHA, 2001. Memorandum from R. Howd, OEHHA, to D. Spath, CDHS, "Proposed Action Level for Carbon Disulfide," July 5, 2001.

6. Chlorate: ENDPOINT: Noncancer—pituitary gland vacuolization & thyroid gland depletion in rats. REFERENCE: OEHHA, 2002. Memorandum from R. Howd, OEHHA, to D. Spath, CDHS, "Proposed Action Level for Chlorate," January 7, 2002. HISTORY: Notification level was established in 2002. ADDITIONAL INFORMATI0N: Notification level is derived from standard risk assessment methods with RSC = 0.8.

7. 2-Chlorotoluene: ENDPOINT: Noncancer—decrease in body weight gain in rats.

REFERENCE: IRIS, 2003. 2-Chlorotoluene. The last revision for oral RfD was

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8. 4-Chlorotoluene: See notification level for 2-chlorotoluene, which is used as a surrogate.

9. Diazinon: ENDPOINT: Noncancer—neurotoxicity. REFERENCE: ATSDR toxicological profile update (ATSDR, 2008) and Health Effects Advisory Summary Tables (HEAST), FY 1997 Update, US Environmental Protection Agency (US EPA), Solid Waste and Emergency Response, 9200.6-303 (97-1), EPA-540-R-97-036, July 1997. HISTORY: NL for was first established in 1982 as 14 µg/L, revised to 0.006 mg/L in 2000, and updated to current level in 2010. NL uses standard risk assessment methods and these assumptions: adult: Body Weight (BW) = 70 kg, Drinking Water Consumption (DWC) = 2 L/day, Relative Source Contribution (RSC) = 0.2, Uncertainty Factor (UF) = 1,000, No Observable Adverse Effect Level (NOAEL) = 0.6 mg/kg/day.

10.Dichlorodifluoromethane: ENDPOINT: Noncancer—reduced body weight in rats.

REFERENCE: IRIS, 2005. Dichlorodifluoromethane. The last revision for the oral RfD was January 31, 1987. HISTORY: Notification level was initially established at 1 mg/L (exact date uncertain, but likely mid-1990s).

11.1,4-Dioxane: ENDPOINT: Cancer in laboratory rodents. REFERENCE: IRIS, 2013. The 10-6 cancer risk level is 0.00035 mg/L. The last revision for oral slope factor for cancer risk was September 20, 2013. HISTORY: Notification level first established in 1998 at a 0.003-mg/L concentration, based on 1990 IRIS documentation, and revised to the current level on November 22, 2010.

ADDITIONAL INFORMATION: The notification level's cancer risk is 3 x 10-6, rather than the usual 1 x 10-6, because it is difficult to detect 1,4-dioxane at very low levels. Source removal is recommended at (response level=) 0.035 mg/L.

More about 1,4-dioxane.

12.Ethylene glycol: ENDPOINT: Noncancer—kidney toxicity in rats. REFERENCE:

IRIS, 2003, Ethylene glycol. The last revision for the oral RfD was September 30, 1987. HISTORY: Notification level was first established in May 2002.

13.Formaldehyde: ENDPOINT: Noncancer by ingestion—reduced weight gain, histopathology in rats. REFERENCE: IRIS, 1990. Formaldehyde. The last revision for the oral RfD was September 1, 1990. HISTORY: Notification level

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ADDITIONAL INFORMATION: Notification level is derived from standard risk assessment methods, with MF = 10 (because of formaldehyde's cancer risk associated with inhalation exposures, as shown in a variety of animals studies).

Though rarely detected in drinking water sources, formaldehyde is of interest because of its possible production as a disinfection byproduct from the use of ozone and/or hydrogen peroxide.

14.HMX (Octahydro-1,3,5,7-tetranitro-1,3,5,7-tetrazocine): ENDPOINT:

Noncancer—liver lesions in rats. REFERENCE: IRIS, 2003. The last revision for the oral RfD was September 26, 1988. HISTORY: Notification level was first established September 30, 2005.

15.Isopropylbenzene: ENDPOINT: Noncancer—increased kidney weight in rats.

REFERENCE: IRIS, 1997. Cumene (also known as Isopropylbenzene). The last revision for the oral RfD was August 1, 1997. OEHHA concurred with the notification level via a November 1, 2000 memorandum. HISTORY: Notification level was first established in 2000.

16.Manganese: ENDPOINT: Noncancer—neurotoxicity, based on human data.

REFERENCE: IRIS, 2002. Manganese. The last revision for the oral RfD was November 1, 1995. HISTORY: AL was established on March 20, 2003.

ADDITIONAL INFORMATI0N: Notification level is derived from standard risk assessment methods with RSC = 0.3. Manganese has an enforceable secondary MCL of 0.05 mg/L that is based upon aesthetics. Secondary MCLs apply only to community water systems. The relatively large number of sources with manganese detections reflects its natural occurrence. More about manganese.

17.MIBK: ENDPOINT: Noncancer—increased kidney and liver weight, kidney pathology in rats. REFERENCE: OEHHA, 1999. Memorandum from G. Alexeeff, OEHHA, to D. Spath, CDHS, "Proposed Action Level for Methyl Isobutyl Ketone," December 29, 1999. HISTORY: Notification level established in 2000.

18.Naphthalene: ENDPOINT: Noncancer—decreased body weight in rats.

REFERENCE: IRIS, 1998. Naphthalene. The last revision for the oral RfD was September 17, 1998. OEHHA concurred with the notification level via an April 20, 2000 memorandum. HISTORY: Notification level was first established in 2000 at a concentration of 0.17 mg/L, and revised to current level in April 2005.

ADDITIONAL INFORMATION: Subsequent to the establishment of the

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Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml notification level, naphthalene was identified by OEHHA in 2002 as a chemical known to the state to cause cancer for purposes of Proposition 65, and was identified by OEHHA in 2004 as a toxic air contaminant and potential carcinogen when inhaled. Notification level is derived from standard risk assessment methods, with MF = 10 (because of naphthalene's cancer risk associated with inhalation exposures, as shown in animal studies).

19.N-Nitrosodiethylamine (NDEA): ENDPOINT: Cancer in a variety of laboratory animals. REFERENCE: the 10-6 cancer risk level is 0.000001 mg/L, derived from the 10-5lifetime cancer risk level in 27 CCR §12705. HISTORY: Notification level first established September 2004. ADDITIONAL INFORMATION: The notification level's cancer risk is 1 x 10-5, rather than the usual 1 x 10-6, because it is difficult to detect NDEA at very low levels, and because it may be produced in drinking water treatment. Source removal is recommended at (response level=) 0.0001 mg/L. More about NDEA.

20.N-Nitrosodimethylamine (NDMA): ENDPOINT: Cancer in a variety of laboratory animals. REFERENCE: the 10-6 cancer risk level is 0.000003 mg/L, according to OEHHA’s public health goal for NDMA. HISTORY: Notification level first established in 1998, and revised to current level in 2002. ADDITIONAL INFORMATION: The notification level's cancer risk is 3.3 x 10-6, rather than the usual 1 x 10-6, because it is difficult to detect NDMA at very low levels, and because it may be produced in drinking water treatment. Source removal is recommended at (response level=) 0.0003 mg/L. More about NDMA.

21.N-Nitrosodi-n-propylamine (NDPA): ENDPOINT: Cancer in a variety of laboratory animals. REFERENCE: the 10-6 cancer risk level is 0.000005 mg/L, derived from the 10-5lifetime cancer risk level in 27 CCR §12705. HISTORY: Notification level first established in May 2005. ADDITIONAL INFORMATION: The notification level's cancer risk is 2 x 10-6, rather than the usual 1 x 10-6, because it is difficult to detect NDPA at very low levels, and because it may be produced in drinking water treatment. Source removal is recommended at (response level=) 0.0005 mg/L. More about NDPA.

22.Perfluorobutanesulfonic acid (PFBS): ENDPOINT: Noncancer – decreased thyroid hormone in lab animals, REFERENCES: Notification Level Recommendation - Perfluorobutane Sulfonic Acid in Drinking Water, OEHHA (January 14, 2021), National Toxicology Program (2019), Lieder et al., 2009a, Lieder et al., 2009b and Feng et al., 2017)

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23.Perfluorohexanesulfonic acid (PFHxS): ENDPOINT: Noncancer – decreased thyroid hormone in lab animals, REFERENCES: Notification Level Recommendation - Perfluorohexane Sulfonic Acid in Drinking Water, OEHHA (March 2022), NTP (2019), Chang et al. (2018) and Butenhoff et al. (2009).

24.Perfluorooctanoic acid (PFOA): ENDPOINT: Cancer – pancreatic and liver tumors in male rats, theoretical de minimis cancer risk level (10-6) at 0.1 ng/L (nanogram/liter), REFERENCES: Notification Level Recommendations - Perfluorooctanoic Acid and Perfluorooctane Sulfonate in Drinking Water, OEHHA (August 2019). HISTORY: Notification level first established in 2018 as 14 ng/L, and revised to current level in 2019. The current level is set to the lowest level of detection.

25.Perfluorooctanesulfonic acid (PFOS): ENDPOINT: Cancer –liver tumors in male rats and the structural and biological similarity of PFOS to PFOA, theoretical de minimis cancer risk level (10-6) at 0.4 ng/L (nanogram/liter), REFERENCES:

Notification Level Recommendations - Perfluorooctanoic Acid and Perfluorooctane Sulfonate in Drinking Water, OEHHA (August 2019), HISTORY:

Notification level first established in 2018 as 13 ng/L, and revised to current level in 2019. The current level is set to the lowest level of detection.

26.Propachlor: ENDPOINT: Noncancer—decrease in weight gain, decrease in food intake, relative liver weight increase in rats. REFERENCE: IRIS, 1987. The last revision for the oral RfD was January 1, 1987. HISTORY: Notification level was first established September 30, 2005.

27.n-Propylbenzene: ENDPOINT: Noncancer—increased kidney weight in rats, using cumene (isopropylbenzene) as a surrogate. REFERENCE: OEHHA, 2000.

Memorandum from R. Howd, OEHHA, to D. Spath, CDHS, "Proposed Action Level for n-Propylbenzene," October 27, 2000. HISTORY: Notification level established in 2000.

28.RDX (Hexahydro-1,3,5-trinitro-1-3-5-triazine): ENDPOINT: Cancer—liver carcinomas and adenomas in female mice. REFERENCE: IRIS, 1990. The oral carcinogenicity assessment is dated August 1, 1990. HISTORY: Notification level was first established September 30, 2005.

29.Tertiary butyl alcohol: ENDPOINT: Cancer—renal adenomas and carcinomas in male rats, thyroid adenomas in female mice. REFERENCE: OEHHA, 1999.

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Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml Memorandum from G. Alexeeff, OEHHA, to D. Spath, CDHS, "Expedited Evaluation of Risk Assessment for Tertiary Butyl Alcohol in Drinking Water," June 2, 1999. HISTORY: Notification level established in 1999.

30.1,2,4-Trimethylbenzene: ENDPOINT: Noncancer—increased serum phosphorus levels in rats. REFERENCE: OEHHA, 2001. Memorandum from R. Howd, OEHHA, to D. Spath, DHS, "Proposed Action Level for 1,2,4-Trimethylbenzene and 1,3,5-Trimethylbenzene," May 24, 2001. HISTORY: Notification level established in 2001.

31.1,3,5-Trimethylbenzene: ENDPOINT: Noncancer—increased serum phosphorus levels in rats. REFERENCE: OEHHA, 2001. Memorandum from R. Howd, OEHHA, to D. Spath, DHS, "Proposed Action Level for 1,2,4-Trimethylbenzene and 1,3,5-Trimethylbenzene," May 24, 2001. HISTORY: Notification level established in 2001.

32.2,4,6-Trinitrotoluene (TNT): ENDPOINT: Cancer—urinary bladder transitional cell papillomas and squamous cell carcinomas in female rats. REFERENCE: IRIS, 2002. The oral carcinogenicity assessment is dated June 1, 1989. HISTORY:

Notification level was first established September 30, 2005.

33.Vanadium: ENDPOINT: Noncancer—developmental and reproductive effects in rats. REFERENCE: OEHHA, 2000. Memorandum from R. Howd, OEHHA, to D.

Spath, CDHS, "Proposed Action Level for Vanadium," August 24, 2000.

HISTORY: CDHS established the notification level in 2000 at 0.015 mg/L, and revised it in late 2000 or early 2001 to 0.05 mg/L, changing the RSC in standard risk assessment methods from the default value of 0.2 to 0.6, to take into account the high number of vanadium detections—reflecting its natural occurrence—and the likelihood that drinking water would contribute more to the total vanadium intake than the default value suggested.

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Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml Appendix 1. Methods for Determination of Notification Levels DDW’s notification levels indicate concentrations of unregulated contaminants in drinking water that are considered to pose no adverse health risk.

When risk assessments have been done by other agencies for other purposes, we generally rely upon those assessments to establish notification levels. For example, theoretical de minimis cancer risk levels for certain contaminants can be determined from regulatory levels established by the Office of Environmental Health Hazard Assessment (OEHHA), or from the US EPA's Integrated Risk Information System (IRIS). Notification levels for non-carcinogens can be derived from no observed adverse effect level (NOAELs) and uncertainty factors (UFs) in IRIS. In some cases, US EPA Region 9's Preliminary Remediation Goals (PRGs) can be used to identify NOAELs and UFs in assessments done by other organizations within US EPA, such the National Center for Environmental Assessment.

On occasion, we may ask OEHHA for its views on specific information from IRIS or PRG tables and the derivation of a notification level from them. When a risk assessment for a specific chemical of drinking water concern is lacking, we may request OEHHA to develop an assessment for use as a notification level.

The methods used to determine notification levels are consistent with those used for the determination of public health goals for contaminants in drinking water by OEHHA. These methods, used by a number of state and federal regulatory agencies, are as follows:

Non-Carcinogens:

The notification level is the health protective concentration (C) for the contaminant in drinking water, and is determined by the equation:

C = (NOAEL x BW x RSC)/(MF x UF x DWC) (Equation 1)
Where:

NOAEL = the No Observed Adverse Effect Level, in milligrams per kilogram body weight per day (mg/kg-day)
BW = body weight, 70 kilograms (kg) as the default adult value

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Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml RSC = the Relative Source Contribution. The default value = 0.2 (assumes that 20 percent of the exposure is from drinking water, 80 percent from other sources)
UF = uncertainty factor, the product of several factors, often 10 for interspecies extrapolation, 10 for differences in individual human sensitivity, 10 for use of a less-than-chronic study, and 10 for inadequacy of data, so that the UF may be from 1 to 10,000, depending on available information
MF = modifying factor, to take into account other factors that are appropriate. Unless specifically stated, MF = 1
DWC = Drinking Water Consumption rate (2 liters per day, L/day) Carcinogens:

The notification level is the concentration (C) of the contaminant that poses a theoretical negligible (de minimis) cancer risk over a 70-year lifetime, and is determined by the equation:

C = (BW x 10-6)/(q1* x DWC) (Equation 2)
Where:

C = concentration (mg/L) posing negligible cancer risk (10-6risk) BW = 70 kg
q1* = upper 95% confidence limit on the cancer potency slope, the "Slope Factor," in (mg/kg-day)-1
DWC = 2 L/day

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Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml Appendix 2. Health and Safety Code §116455, (Chapter 679, Statutes of 2004, AB 2528, Lowenthal)
(a) A public water system shall comply with the requirements of this section within 30 days after it is first informed of a confirmed detection of a contaminant found in drinking water delivered by the public water system for human consumption that is in excess of a maximum contaminant level, a notification level, or a response level established by the department.
(1) If the public water system is a wholesale water system, then the person operating the wholesale water system shall notify the wholesale water system's governing body and the water systems that are directly supplied with that drinking water. If the wholesale water system is a water company regulated by the California Public Utilities Commission, then the wholesale water system shall also notify the commission. The commission in the exercise of its general and specific powers to ensure the health, safety, and availability of drinking water served by the utilities subject to its jurisdiction, may order further action that is not inconsistent with the standards and regulations of the department to ensure a potable water supply. (2) If the public water system is a retail water system, then the person operating the retail water system shall notify the retail water system's governing body and the governing body of any local agency whose jurisdiction includes areas supplied with drinking water by the retail water system. If the retail water system is a water company regulated by the California Public Utilities Commission, then the retail water system shall also notify the commission. The commission, in the exercise of its general and specific powers to ensure the health, safety, and availability of drinking water served by the utilities subject to its jurisdiction, may order further action that is not inconsistent with the standards and regulations of the department to ensure a potable water supply.
(b) The notification required by subdivision (a) shall identify the drinking water source, the origin of the contaminant, if known, the maximum contaminant level, response level, or notification level, as appropriate, the concentration of the detected contaminant, and the operational status of the drinking water source, and shall provide a brief and plainly worded statement of health concerns.

Page 17 of 17 ends

Last Update: November 1, 2022
State Water Resources Control Board — Division of Drinking Water Visit our website at: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/NotificationLevels.shtml (c) For purposes of this section, the following terms have the following meanings:
(1) "Drinking water source" means an individual groundwater well, an individual surface water intake, or in the case of water purchased from another water system, the water at the service connection. (2) "Local agency" means a city or county, or a city and county. (3) "Notification level" means the concentration level of a contaminant in drinking water delivered for human consumption that the department has determined, based on available scientific information, does not pose a significant health risk but warrants notification pursuant to this section.

Notification levels are nonregulatory, health-based advisory levels established by the department for contaminants in drinking water for which maximum contaminant levels have not been established. Notification levels are established as precautionary measures for contaminants that may be considered candidates for establishment of maximum contaminant levels, but have not yet undergone or completed the regulatory standard setting process prescribed for the development of maximum contaminant levels and are not drinking water standards.
(4) "Response level" means the concentration of a contaminant in drinking water delivered for human consumption at which the department recommends that additional steps, beyond notification pursuant to this section, be taken to reduce public exposure to the contaminant. Response levels are established in conjunction with notification levels for contaminants that may be considered candidates for establishment of maximum contaminant levels, but have not yet undergone or completed the regulatory standard setting process prescribed for the development of maximum contaminant levels and are not drinking water standards. (5) "Retail water system" means a public water system that supplies water directly to the end user.
(6) "Wholesale water system" means a public water system that supplies water to other public water systems for resale.

Appendix C
The Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) October 2023
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The Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Data Summary: October 2023
Overview
The U.S. Environmental Protection Agency (EPA) has released the second set of data collected under the fifth Unregulated Contaminant Monitoring Rule (UCMR 5) for the 30 chemical contaminants (29 per- and polyfluoroalkyl substances [PFAS] and lithium) listed in Table 1. With this latest action, the data released to date represent approximately 15% of the total results that the EPA expects to receive over the next three years. The agency has also released the UCMR 5 Data Finder that allows people to easily search for, summarize, and download the available UCMR 5 analytical results. The EPA will update the results quarterly in the UCMR 5 Data Finder and via the National Contaminant Occurrence Database (NCOD) until completion of data reporting in 2026. Data are added and possibly removed or updated over the course of this reporting cycle following further review by analytical laboratories, public water systems (PWSs), states, and the EPA. Before conducting your own assessment of the data, please review the Data Considerations section. For answers to common questions regarding accessing and understanding the UCMR 5 data, as well as information on PFAS and lithium in drinking water, please review the UCMR 5 website.

UCMR 5 will provide new data that will improve the EPA’s understanding of the frequency these contaminants are found in the nation’s drinking water systems, and at what levels. Notably, the monitoring data for 29 PFAS will enable a better understanding of where and to what extent different PFAS co-occur with each other in drinking water. The UCMR 5 data on PFAS and lithium will help the agency make determinations about future regulations and other actions to protect public health under the Safe Drinking Water Act (SDWA). This monitoring also helps federal, state, and other researchers prioritize studies for health effects information, identify data gaps, and determine the need for future studies to improve our understanding of the possible health risks associated with these contaminants in public drinking water. Through the Bipartisan Infrastructure Law, the EPA is helping states, Tribes, and especially small, disadvantaged, and rural communities to leverage billions of dollars in funding dedicated to investments in infrastructure solutions. Those investments will allow communities to remove emerging contaminants, like PFAS and lithium, from their drinking water. For more information, visit the agency’s website.

Based on this limited set of data, the EPA notes the following:
• PFOA and PFOS are two of the most widely studied PFAS, and each has an EPA Health Advisory (HA) level. One or each of these two PFAS was measured at or above the EPA’s UCMR minimum reporting level (MRL), and therefore above the agency’s HA levels, in the initial subset of sampling events for

13.6% of PWSs with results to date.
o Individually, PFOA and PFOS were measured above the EPA HA levels for 9.5% and 10.7% of PWSs, respectively.
• The other two PFAS with EPA HA levels are HFPO-DA (“GenX chemicals”) and PFBS. HFPO-DA was measured above its HA level by 0.03% of PWSs (1 of 3,073). PFBS was not found above its HA level. • HA levels have not been established for the other 25 PFAS that are part of UCMR 5. o Fourteen of these 25 PFAS were measured at or above their respective UCMR MRL by at least one PWS.
o For the other 11 PFAS, no PWSs have reported results at or above their respective UCMR MRLs. • The EPA has not published a HA level for lithium but has calculated a Health Reference Level (HRL) for screening purposes. To date, 25% of PWSs have reported lithium results above the screening HRL.

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Additional details on contaminant health effects information and a summary of occurrence results to date may be found in Table 2 and Table 3, respectively.

Background
The EPA uses the UCMR program to collect nationally representative data for contaminants that may be present in drinking water but are not yet subject to regulatory standards set under SDWA. This monitoring is used by the agency to understand the frequency and level of occurrence of unregulated contaminants in the nation’s PWSs.

Every five years, taking into consideration the EPA’s Contaminant Candidate List (CCL), the agency develops a new list of UCMR contaminants for monitoring. SDWA, as amended by Section 2021 of America’s Water Infrastructure Act of 2018, calls for the EPA to:
• Issue a list of unregulated contaminants to be monitored by certain PWS types1 every five years • Require large PWSs (i.e., those that serve more than 10,000 people) to monitor their water for the contaminants
• Require small PWSs serving between 3,300 and 10,000 people to monitor, subject to the availability of EPA appropriations and sufficient laboratory capacity
• Require a nationally representative sample of small PWSs serving less than 3,300 people to monitor • Make analytical results available in the NCOD
State and local officials may also use the UCMR data to assess the need for actions to protect public health.

When evaluating the UCMR data, one should consider the following:
• UCMR monitoring generates a robust dataset that is representative of national occurrence. • UCMR results are available after PWSs and the laboratories that support their monitoring have reported results to the EPA (up to four months after the samples are collected). Small PWS results may be available sooner relative to large PWS results since the laboratories contracted by the EPA to analyze small PWS samples are contractually obligated to report results within a shorter timeframe. • There is information about health effects and treatment techniques to address some of these unregulated contaminants.
1 UCMR 5 requirements apply to community water systems (CWSs) and non-transient non-community water systems (NTNCWSs). They do not apply to transient non-community water systems (TNCWSs). The use of “PWS” throughout this document refers to participating CWSs and NTNCWSs. For more information on PWS types, visit the agency’s website.

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Table 1. Contaminants and Methods
Contaminant CASRN1 EPA
Method
Contaminant
Classification
lithium 7439-93-2 200.7 Metal/Pharmaceutical
hexafluoropropylene oxide dimer acid (HFPO-DA) (GenX
chemicals)
13252-13-6 533 PFAS
perfluorobutanesulfonic acid (PFBS) 375-73-5 533 PFAS
perfluorooctanesulfonic acid (PFOS) 1763-23-1 533 PFAS
perfluorooctanoic acid (PFOA) 335-67-1 533 PFAS
perfluorohexanesulfonic acid (PFHxS) 355-46-4 533 PFAS
perfluorononanoic acid (PFNA) 375-95-1 533 PFAS
perfluorobutanoic acid (PFBA) 375-22-4 533 PFAS
perfluorohexanoic acid (PFHxA) 307-24-4 533 PFAS
perfluorodecanoic acid (PFDA) 335-76-2 533 PFAS
11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid
(11Cl-PF3OUdS)
763051-92-9 533 PFAS
1H, 1H, 2H, 2H-perfluorodecane sulfonic acid (8:2 FTS) 39108-34-4 533 PFAS 1H, 1H, 2H, 2H-perfluorohexane sulfonic acid (4:2 FTS) 757124-72-4 533 PFAS 1H, 1H, 2H, 2H-perfluorooctane sulfonic acid (6:2 FTS) 27619-97-2 533 PFAS 4,8-dioxa-3H-perfluorononanoic acid (ADONA) 919005-14-4 533 PFAS 9-chlorohexadecafluoro-3-oxanone-1-sulfonic acid (9ClPF3ONS)756426-58-1 533 PFAS nonafluoro‐3,6‐dioxaheptanoic acid (NFDHA) 151772-58-6 533 PFAS perfluoro (2‐ethoxyethane) sulfonic acid (PFEESA) 113507-82-7 533 PFAS perfluoro‐3‐methoxypropanoic acid (PFMPA) 377-73-1 533 PFAS perfluoro‐4‐methoxybutanoic acid (PFMBA) 863090-89-5 533 PFAS perfluorododecanoic acid (PFDoA) 307-55-1 533 PFAS
perfluoroheptanesulfonic acid (PFHpS) 375-92-8 533 PFAS perfluoroheptanoic acid (PFHpA) 375-85-9 533 PFAS
perfluoropentanesulfonic acid (PFPeS) 2706-91-4 533 PFAS perfluoropentanoic acid (PFPeA) 2706-90-3 533 PFAS
perfluoroundecanoic acid (PFUnA) 2058-94-8 533 PFAS
n-ethyl perfluorooctanesulfonamidoacetic acid
(NEtFOSAA)
2991-50-6 537.1 PFAS
n-methyl perfluorooctanesulfonamidoacetic acid
(NMeFOSAA)
2355-31-9 537.1 PFAS
perfluorotetradecanoic acid (PFTA) 376-06-7 537.1 PFAS
perfluorotridecanoic acid (PFTrDA) 72629-94-8 537.1 PFAS 1 CASRN – Chemical Abstracts Service Registry Number
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Information About UCMR 5 Results
The purpose of this document is to (1) summarize UCMR 5 results reported to date and (2) provide context around UCMR 5 results in relation to EPA-established UCMR minimum reporting levels (MRLs) and, if available, health-based reference values (i.e., reference concentrations and reference doses [RfDs]). The UCMR 5 MRLs are the lowest concentrations that laboratories may report to the EPA during UCMR 5 monitoring. UCMR MRLs are determined using data from multiple laboratories that participate in the EPA’s MRL-setting studies and are not associated with contaminant health effects information. The EPA establishes UCMR MRLs to ensure consistency in the quality of the information reported to the agency.

Depending on the available health and toxicological information for a UCMR 5 contaminant, a reference concentration (e.g., a lifetime Health Advisory [HA] level, Health Reference Level [HRL]) in drinking water may be available. Reference concentrations can be derived from an RfD (i.e., a non-cancer endpoint) or an oral cancer slope factor (CSF) (i.e., a cancer endpoint), if available, and consider additional assumptions about body weight and drinking water intake. The health-based reference values identified in this document do not represent regulatory limits or action levels and should not be interpreted as an indication of future agency actions. UCMR occurrence data are used to inform the agency’s Regulatory Determination process (i.e., the process that addresses potential regulatory actions for unregulated contaminants).

Community water systems (CWSs) required to monitor under UCMR must inform their customers of UCMR results (including the average and range of results) in their annual Consumer Confidence Report (CCR). See 40 CFR 141.153(d)(7) for the CCR regulatory requirements and Section IV of the EPA’s guidance Preparing Your Drinking Water Consumer Confidence Report for details on the content of the report. Additional resources are available on the EPA’s CCR Compliance Help webpage.

Non-transient non-community water systems (NTNCWSs), such as an office park or school that operates its own water system, and CWSs required to monitor under UCMR must inform their customers of the availability of all UCMR results through Tier 3 Public Notification (PN). See 40 CFR 141.207 for the PN regulatory requirements and the EPA’s PN Compliance Help webpage for guidance.

The EPA recognizes the high interest in timely access to UCMR results and is committed to publicly posting results on the agency’s webpage approximately quarterly (following large PWS review of their UCMR results and EPA review of small PWS results). The EPA manages the laboratory analyses for small PWSs and will work to communicate their results in a timely manner. Large PWSs wishing to have earlier access to their data should consider making arrangements with their UCMR 5 laboratory for early notification of particular UCMR results (i.e., before their contracted laboratory posts the results to the UCMR web-based reporting system).

States may establish requirements (regulatory or non-regulatory) for drinking water contaminants not yet regulated by the EPA, and those requirements may be based on state-established levels that differ from the agency’s reference concentrations for UCMR 5. PWSs are responsible for being aware of and complying with their state’s requirements, if any.

On March 14, 2023, the agency announced a proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS included in UCMR 5 monitoring. The proposed PFAS NPDWR does not require any actions until it is finalized. The EPA's PFAS website provides additional information on agency actions to address PFAS contamination, describes current PFAS research, and identifies related tools and resources.

Available drinking water treatment information for UCMR 5 contaminants can be found in the EPA’s Drinking Water Treatability Database.

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Health-Based Reference Values
Table 2 provides health-based reference values (i.e., reference concentrations and RfDs) for each contaminant monitored under UCMR 5, if available. To identify reference values, the EPA applied the following principles:
(1) Reference concentrations and RfDs were compiled from the following publicly available resources:
a. Drinking Water Health Advisories (HAs),
b. Integrated Risk Information System (IRIS) Assessments, c. Technical Support Document for the Final CCL 5 – Contaminant Information Sheets, and d. Agency for Toxic Substances and Disease Registry (ATSDR) Toxicological Profiles The above resources are the products (or compilation) of peer-reviewed health assessments. The reference values are subject to change as new health assessments are completed; they are not legally enforceable federal standards.
(2) If health information was available from more than one of the resources listed above, the most recent health information was used.
(3) If both cancer and non-cancer reference concentrations were available from the most recent resource, the lower (more conservative) of the two concentrations was used. Please review references and footnotes in Table 2 for additional health effects information. (4) If an RfD (i.e., a non-cancer endpoint) was the basis for the reference concentration, and both chronic and subchronic/short-term exposure values were available from the most recent resource, the lower concentration (associated with the chronic exposure) was used. Please review references and footnotes in Table 2 for additional health effects information (e.g., additional short-term, subchronic, or chronic values).
(5) For the contaminants that do not have a reference concentration available from a resource listed above, only the RfDs from finalized health assessments are provided in Table 2, if available. If a health assessment is in process, a link to additional information about its status is provided.

The EPA considers this a “living document” and will update Table 2 as new health-based information becomes available. For example, the agency is currently using the 2022 EPA lifetime HA levels for GenX chemicals, PFBS, PFOS, and PFOA as reference concentrations for UCMR 5 and will update the values, as appropriate, when the final PFAS NPDWR is promulgated.

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Table 2. UCMR Minimum Reporting Levels (MRLs) and Health-Based Reference Values Contaminant
[note: to convert to ng/L or parts per trillion
(ppt), multiply by 1,000]
UCMR
MRL
(µg/L)
Health-Based Reference Values
Reference Reference(s)
Concentration
(µg/L)
RfD
(mg/kg-day)
lithium1 9 HRL = 10 Subchronic and Chronic
Provisional RfD = 2 × 10−3
Technical Support Document for the Final CCL 5
– Contaminant Information Sheets (2022)
hexafluoropropylene oxide dimer acid (HFPODA) (GenX chemicals)2,30.005 Lifetime HA =

0.01 Chronic RfD = 3 × 10−6 Drinking Water Health Advisory:

Hexafluoropropylene Oxide (HFPO) Dimer Acid
and HFPO Dimer Acid Ammonium Salt, Also
Known as “GenX Chemicals” (2022)
perfluorobutanesulfonic acid (PFBS)2,3 0.003 Lifetime HA = 2 Chronic RfD = 3 × 10−4 Drinking Water Health Advisory: Perfluorobutane Sulfonic Acid and Related Compound Potassium
Perfluorobutane Sulfonate (2022)
perfluorooctanesulfonic acid (PFOS)3,4 0.004 Lifetime
Interim HA =

0.00002
Chronic RfD = 7.9 x 10-9
INTERIM Drinking Water Health Advisory:

Perfluorooctane Sulfonic Acid (PFOS) (2022)
perfluorooctanoic acid (PFOA)3,4 0.004 Lifetime
Interim HA =

0.000004
Chronic RfD = 1.5 x 10-9
INTERIM Drinking Water Health Advisory:

Perfluorooctanoic Acid (PFOA) (2022)
perfluorohexanesulfonic acid (PFHxS)3,5 0.003 - ATSDR: Minimal Risk Level = 2 × 10−5
(intermediate duration)
ATSDR Toxicological Profile for Perfluoroalkyls
(2021)
perfluorononanoic acid (PFNA)3,5 0.004 - ATSDR: Minimal Risk Level = 3 × 10−6
(intermediate duration)
ATSDR Toxicological Profile for Perfluoroalkyls
(2021)
perfluorobutanoic acid (PFBA) 0.005 - Chronic RfD = 1 × 10−3 Subchronic RfD = 6 × 10−3
Integrated Risk Information System (IRIS)
Assessment (2022)
1 The reference concentration is the Health Reference Level (HRL) calculated as part of the CCL 5 process and is based on the RfD from the following health assessment:

Provisional Peer-Reviewed Toxicity Values (PPRTV), 2008. The EPA has developed a Technical Fact Sheet on Lithium in Drinking Water for Primacy Agencies, available here. 2 More information is available on the final lifetime HAs for GenX chemicals and PFBS. 3On March 14, 2023, the EPA announced a proposed NPDWR for six PFAS (GenX chemicals, PFBS, PFOS, PFOA, PFHxS, and PFNA). After the agency has considered public comments and publishes a final PFAS NPDWR, the reference concentrations for these six PFAS will be updated as appropriate. 4More information is available on the interim lifetime HAs for PFOA and PFOS. 5 In process/draft EPA Integrated Risk Information System (IRIS) assessments for PFHxS and PFNA.

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Contaminant
[note: to convert to ng/L or parts per trillion
(ppt), multiply by 1,000]
UCMR
MRL
(µg/L)
Health-Based Reference Values
Reference Reference(s)
Concentration
(µg/L)
RfD
(mg/kg-day)
perfluorohexanoic acid (PFHxA) 0.003 - Subchronic and Chronic RfD = 5 × 10−4
Integrated Risk Information System (IRIS)
Assessment (2023)
perfluorodecanoic acid (PFDA) 0.003 - - IN PROCESS/DRAFT Integrated Risk Information System (IRIS) Assessment
11-chloroeicosafluoro-3-oxaundecane-1-
sulfonic acid (11Cl-PF3OudS)

0.005 - - -
1H, 1H, 2H, 2H-perfluorodecane sulfonic acid
(8:2 FTS)

0.005 - - -
1H, 1H, 2H, 2H-perfluorohexane sulfonic acid
(4:2 FTS)

0.003 - - -
1H, 1H, 2H, 2H-perfluorooctane sulfonic acid
(6:2 FTS)

0.005 - - -
4,8-dioxa-3H-perfluorononanoic acid (ADONA) 0.003 - - - 9-chlorohexadecafluoro-3-oxanone-1-sulfonic
acid (9Cl-PF3ONS)

0.002 - - -
nonafluoro‐3,6‐dioxaheptanoic acid (NFDHA) 0.02 - - -
perfluoro (2‐ethoxyethane) sulfonic acid
(PFEESA)

0.003 - - -
perfluoro‐3‐methoxypropanoic acid (PFMPA) 0.004 - - -
perfluoro‐4‐methoxybutanoic acid (PFMBA) 0.003 - - -
perfluorododecanoic acid (PFDoA) 0.003 - - -
perfluoroheptanesulfonic acid (PFHpS) 0.003 - - -
perfluoroheptanoic acid (PFHpA) 0.003 - - -
perfluoropentanesulfonic acid (PFPeS) 0.004 - - -
perfluoropentanoic acid (PFPeA) 0.003 - - -
perfluoroundecanoic acid (PFUnA) 0.002 - - -
n-ethyl perfluorooctanesulfonamidoacetic acid
(NEtFOSAA)

0.005 - - -
n-methyl perfluorooctanesulfonamidoacetic
acid (NMeFOSAA)

0.006 - - -
perfluorotetradecanoic acid (PFTA) 0.008 - - -
perfluorotridecanoic acid (PFTrDA) 0.007 - - -
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Terms and Definitions
a) MRL – UCMR Minimum Reporting Level. The lowest concentration that laboratories may report to the EPA during UCMR 5 monitoring. MRLs are not associated with health effects information. More specifically, an MRL is the quantitation limit for a contaminant that is considered achievable, with 95% confidence, by at least 75% of laboratories nationwide using a specified analytical method (recognizing that individual laboratories may be able to measure at lower levels). [Note that the Agency for Toxic Substances and Disease Registry (ATSDR) uses the term “MRL” for a different purpose (i.e., to describe “Minimal Risk Level”). The UCMR term and the ATSDR term have no relationship to each other.]
b) Ref Conc – Reference Concentration. Published EPA Drinking Water Health Advisories (HAs) and the Health Reference Levels (HRLs) from the EPA’s Fifth Contaminant Candidate List (CCL 5). These reference concentrations are derived from peer-reviewed health assessments published by the EPA or other governmental agencies. They are not legally enforceable federal standards and are subject to change as new health assessments are completed. Depending on available health effects information, a reference concentration in drinking water can be derived from a reference dose (RfD) (i.e., a non-cancer endpoint) or a cancer slope factor (CSF) (i.e., a cancer endpoint), and considers additional assumptions about body weight and drinking water intake. c) HA – Health Advisory. Provides information on a contaminant that can cause negative human health effects and is known or anticipated to occur in drinking water. SDWA authorizes the EPA to issue HAs for contaminants that are not subject to a National Primary Drinking Water Regulation (NPDWR). The EPA’s HAs are non-enforceable and nonregulatory and provide technical information to state agencies and other public health officials on health effects, analytical methods, and treatment technologies associated with drinking water contaminants. The HA documents include the derivation of the HA levels, which are the concentrations of contaminants at or below which adverse health effects are not anticipated to occur over specific exposure durations, such as one day, 10 days, or a lifetime. The lifetime HA for the drinking water contaminant is calculated from its associated Drinking Water Equivalent Level (DWEL), obtained from its RfD, and incorporates a drinking water Relative Source Contribution (RSC) factor of contaminant-specific data or a default of 20% of total exposure from all sources. For more information, refer to the EPA’s Drinking Water HAs webpage and questions and answers on the lifetime HAs for PFAS. d) HRL – Health Reference Level. Derived during the CCL 5 process for screening purposes. HRLs are used in the EPA’s Regulatory Determination process as risk-derived concentrations against which to evaluate the occurrence data to determine if contaminants occur at levels of public health concern. To determine the HRL for a chemical, the agency considers adverse health effects that may pose a greater risk to specific lifestages and other sensitive groups which represent a meaningful portion of the population. HRLs are not final determinations about the level of a contaminant in drinking water that is necessary to protect any particular population and, in some cases, are derived prior to development of a complete exposure assessment using the best available data. HRLs are not legally enforceable federal standards. For more information on HRL derivation, please see the Technical Support Document for the Final CCL 5 – Contaminant Information Sheets.
e) RfD – Oral Reference Dose. A non-cancer estimate (with uncertainty spanning perhaps an order of magnitude) of a daily oral exposure to the human population (including sensitive subgroups) that is likely to be without an appreciable risk of deleterious effects during a lifetime. It is typically derived by dividing a point-of-departure (POD) from a selected dose-response study (e.g., no-observed-adverse-effect level [NOAEL], lowest-observed-adverse-effect level [LOAEL], benchmark dose [BMD]) by the uncertainty factors (UFs) applied to reflect database limitations. Chronic RfDs are typically derived from animal toxicological studies with an exposure duration of months to years, representing a lifetime exposure in humans. Subchronic RfDs are typically derived from animal toxicological studies with an exposure duration of 31 to 90 days, representing a less than lifetime exposure in humans (up to 10% of average lifespan). Visit the EPA’s IRIS website for more information about RfD derivation. f) Minimal Risk Levels – Developed by ATSDR as screening tools to help identify chemicals that may be of concern. A minimal risk level is an estimate of the daily human exposure to a hazardous substance that is likely to be without appreciable risk of adverse non-cancer health effects over a specified route and duration of exposure. Minimal risk levels are derived when reliable and sufficient data exist to identify the target organ(s) of effect or the most sensitive health effect(s) for a specific duration for a given route of exposure. These substance specific estimates, which are intended to serve as screening levels, are used by ATSDR health assessors to determine areas and populations potentially at risk for health effects from exposure to a particular substance. Exposure above the minimal risk level does not mean that health problems will occur. Instead, it may act as a signal to health assessors to look more closely at a particular site where exposures may be identified. Minimal risk levels do not define regulatory or action levels for ATSDR.

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Table 3. October 2023 Data Summary1,2
Contaminant MRL3
(µg/L)
Ref Conc4
(µg/L)
Total
number
of
results
Number
of
results
≥MRL
Number of
results
>Ref Conc5
% of total
results
>Ref Conc5
Total
number of
PWSs with
results
Number of
PWSs with
results
≥MRL
Number of
PWSs with
results
>Ref Conc5
% of PWSs
with
results
>Ref Conc5
lithium 9 10 10,934 3,105 2,198 20.1% 3,214 1,089 792 24.6% hexafluoropropylene oxide dimer acid
(HFPO-DA) (GenX chemicals)

0.005 0.01 10,023 11 2 0.02% 3,073 8 1 0.03%
perfluorobutanesulfonic acid (PFBS) 0.003 2 10,019 783 0 0.0% 3,072 372 0 0.0% perfluorooctanesulfonic acid (PFOS)6 0.004 0.00002 10,014 639 639 6.4% 3,070 330 330 10.7% perfluorooctanoic acid (PFOA)6 0.004 0.000004 10,020 608 608 6.1% 3,072 293 293 9.5% perfluorohexanesulfonic acid (PFHxS) 0.003 - 10,020 512 - - 3,072 256 - - perfluorononanoic acid (PFNA) 0.004 - 10,024 31 - - 3,073 20 - - perfluorobutanoic acid (PFBA) 0.005 - 10,019 788 - - 3,073 432 - - perfluorohexanoic acid (PFHxA) 0.003 - 10,017 798 - - 3,072 388 - - perfluorodecanoic acid (PFDA) 0.003 - 10,025 4 - - 3,073 3 - - 11-chloroeicosafluoro-3-oxaundecane1-sulfonic acid (11Cl-PF3OUdS)0.005 - 10,028 0 - - 3,075 0 - - 1H, 1H, 2H, 2H-perfluorodecane
sulfonic acid (8:2 FTS)

0.005 - 10,028 0 - - 3,075 0 - -
1H, 1H, 2H, 2H-perfluorohexane
sulfonic acid (4:2 FTS)

0.003 - 10,025 1 - - 3,073 1 - -
1H, 1H, 2H, 2H-perfluorooctane
sulfonic acid (6:2 FTS)

0.005 - 10,028 38 - - 3,075 26 - -
1 This data summary represents approximately 15% of total results that the EPA expects to receive over the next three years. 2 Analytical results from the UCMR program are reported by laboratories and provided by the agency in micrograms/liter (µg/L, or parts per billion). To convert results in µg/L to nanograms/liter (ng/L, or parts per trillion), multiply the value by 1,000. UCMR results do not represent locational running annual averages. 3 MRL – EPA-established UCMR Minimum Reporting Level. Based on laboratory capability; not related to contaminant health effects information. 4 Ref Conc – Reference Concentration. The EPA Health Advisories (HAs) for four PFAS and the EPA’s CCL 5 Health Reference Level (HRL) for lithium. 5 The EPA HAs and HRLs are expressed with one significant digit; comparison of UCMR results to HAs and HRLs is therefore based on one significant digit. Results >0.015 µg/L for GenX chemicals and >2.5 µg/L for PFBS round to >0.02 µg/L and >3 µg/L, respectively, and are identified as above reference concentrations. Results for lithium are likewise identified as above the reference concentration if they are >15 µg/L. 6 The HA levels for PFOA and PFOS are below the levels that can be reliably measured; thus, the UCMR 5 MRLs for PFOA and PFOS are greater than the HA levels. Any result at or above the MRL for PFOA or PFOS is understood to be above its HA level. The number and % of PWSs with results above the reference concentration for PFOA and/or PFOS is greater than or equal to the number and % of PWSs with results at or above the UCMR 5 MRL.

October 2023
Office of Water (MS-140) EPA 815-S-23-004 Page 10 of 14 Contaminant MRL3
(µg/L)
Ref Conc4
(µg/L)
Total
number
of
results
Number
of
results
≥MRL
Number of
results
>Ref Conc5
% of total
results
>Ref Conc5
Total
number of
PWSs with
results
Number of
PWSs with
results
≥MRL
Number of
PWSs with
results
>Ref Conc5
% of PWSs
with
results
>Ref Conc5
4,8-dioxa-3H-perfluorononanoic acid
(ADONA)

0.003 - 10,025 0 - - 3,073 0 - -
9-chlorohexadecafluoro-3-oxanone-1-
sulfonic acid (9Cl-PF3ONS)

0.002 - 10,022 0 - - 3,073 0 - -
nonafluoro‐3,6‐dioxaheptanoic acid
(NFDHA)

0.02 - 10,021 1 - - 3,074 1 - -
perfluoro (2‐ethoxyethane) sulfonic
acid (PFEESA)

0.003 - 10,024 0 - - 3,073 0 - -
perfluoro‐3‐methoxypropanoic acid
(PFMPA)

0.004 - 10,024 1 - - 3,073 1 - -
perfluoro‐4‐methoxybutanoic acid
(PFMBA)

0.003 - 10,024 1 - - 3,073 1 - -
perfluorododecanoic acid (PFDoA) 0.003 - 10,025 1 - - 3,073 1 - - perfluoroheptanesulfonic acid (PFHpS) 0.003 - 10,024 0 - - 3,073 0 - - perfluoroheptanoic acid (PFHpA) 0.003 - 10,023 243 - - 3,072 129 - - perfluoropentanesulfonic acid (PFPeS) 0.004 - 10,023 15 - -- 3,073 13 - - perfluoropentanoic acid (PFPeA) 0.003 - 10,014 903 - - 3,072 431 - - perfluoroundecanoic acid (PFUnA) 0.002 - 10,020 0 - - 3,072 0 - - n-ethyl
perfluorooctanesulfonamidoacetic acid
(NEtFOSAA)

0.005 - 10,446 0 - - 3,167 0 - -
n-methyl
perfluorooctanesulfonamidoacetic acid
(NMeFOSAA)

0.006 - 10,446 0 - - 3,167 0 - -
perfluorotetradecanoic acid (PFTA) 0.008 - 10,446 0 - - 3,167 0 - - perfluorotridecanoic acid (PFTrDA) 0.007 - 10,446 0 - - 3,167 0 - - October 2023
Office of Water (MS-140) EPA 815-S-23-004 Page 11 of 14 Data Considerations
The UCMR 5 analytical results are publicly available through the UCMR 5 Data Finder and the National Contaminant Occurrence Database (NCOD) for drinking water.

The UCMR 5 Data Finder allows people to easily search for, summarize, and download the available UCMR 5 analytical results. Results can be filtered using multiple data fields, including public water system (PWS), state, EPA Region, contaminant, source water type, results at or above UCMR minimum reporting levels (MRLs), and results above healthbased reference concentrations. This tool can be accessed via the UCMR Occurrence Data webpage, and data definitions are provided in Table 4. The UCMR 5 Data Finder can be used by federal, state, and local agencies to easily locate and retrieve specific results and assist with answering questions regarding UCMR 5 monitoring. Selected results can be viewed online or downloaded as a Microsoft Excel file (.xlsx).

For those interested in large-scale data processing using statistical or data analysis software, the NCOD text files containing the UCMR 5 analytical results, as well as additional data element and ZIP Code information reported by participating PWSs, are recommended. Data are provided in tab delimited text files (.txt) within zip files (.zip) (see below for descriptions), with field names included in the first row of each file and no text qualifier. The EPA recommends importing all ID fields into your choice of software as text since some of the IDs can otherwise be misinterpreted as long integer field types when they contain alpha characters.
• To download the NCOD text files (data definitions provided in Table 5), select one of the following zip files from UCMR 5 (2023-2025) Occurrence Data:
o UCMR 5 Occurrence Data to view all the analytical results to date (i.e., results for all analytes reported by all PWSs). Note: the UCMR5_all.txt file will likely become too large to be imported into Excel once the majority of the UCMR 5 results are reported, in which case you can try other applications (e.g., Microsoft Access) or import a subset of the data as described below. o UCMR 5 Occurrence Data by State to view all the analytical results to date, organized by Tribes and states. Within that zip file, one text file (UCMR5_All_Tribes_AK_LA.txt) will have all results for Tribal systems and for the states starting alphabetically with A through L; another file (UCMR5_All_MA_WY.txt) will have all results for the states starting alphabetically with M through W. The results are organized this way to address file size limitations and streamline data management. o UCMR 5 Occurrence Data by Method Classification to view all the analytical results to date, organized by analytical method. Within that zip file, you will find individual text files with results organized by method (e.g., a Method 200.7 text file with results for lithium). • The following text files for the additional data elements (i.e., information reported by PWSs beyond the analytical results for the 30 UCMR 5 contaminants) are also contained in each of the above zip files:
o UCMR5_ZIPCodes.txt – U.S. Postal Service ZIP Code(s) for all areas served by a PWS o UCMR5_AddtlDataElem.txt – Data definitions provided in Table 7: DisinfectantType, TreatmentInformation, LithiumOccurrence, LithiumTreatment, PFASOccurrence, PFASTreatment, PotentialPFASSources, PotentialPFASSourcesDetail
 The EPA is not asking PWSs for a formal, in-depth, source water evaluation for potential PFAS sources and recognizes that some PWSs will have more complete information than others. The agency’s PFAS Analytic Tools can serve as a starting point to answer this question and are accessible here. UCMR 5 data will be updated in the PFAS Analytic Tools soon after each quarterly data release.

For step-by-step details on using the UCMR 5 Data Finder and NCOD text files, please refer to the document “Instructions for Accessing Results from UCMR 5” on the UCMR Occurrence Data webpage. Additional reference material, including common questions and answers on accessing and understanding the UCMR 5 data, is available on the EPA's UCMR 5 website.

October 2023
Office of Water (MS-140) EPA 815-S-23-004 Page 12 of 14 Table 4. Data Definitions for the UCMR 5 Data Finder
Field Name Definition
PWS ID Public Water System (PWS) Identification Code. The code used to identify each PWS. The code begins with the standard 2-character postal state abbreviation or Region code; the remaining 7 numbers are unique to each PWS in the state
PWS Name Name of the PWS
Contaminant The UCMR 5 contaminant analyzed
Result (µg/L) Numeric value of the analytical result in µg/L for the contaminants. Results less than the UCMR MRL are indicated by “<MRL”
Minimum Reporting
Level (µg/L) Minimum Reporting Level (MRL) defined by UCMR 5 in µg/L for the contaminants Collection Date Date of sample collection (month, day, year) Facility ID Identification code for each applicable facility associated with water treatment or delivery at the PWS Facility Name Name of the facility at the PWS
Sample Point ID Identification code for each sample point location at the PWS Sample Point Name Name of the sample point at the PWS
Sample Event Code Identification code for each sample event: SE1, SE2, SE3, SE4 Sample ID Identification code for each sample
Method ID Identification code of the analytical method
PWS Size Size category of the PWS for UCMR 5, based on retail population as indicated by the Safe Drinking Water Information System (Federal) (SDWIS/FED) as of February 1, 2021: S (≤ 10,000), L (> 10,000) Facility Water Type Source of water at the facility: SW (surface water), GW (groundwater), GU (groundwater under the direct influence of surface water), MX (Any combination of: SW, GW, and GU) Sample Point Type Sampling Point Type Code: EP (entry point to the distribution system) EPA Region EPA Region (states): Region 1 (CT, ME, MA, NH, RI, VT), Region 2 (NJ, NY, PR [Puerto Rico], VI [Virgin Islands]), Region 3 (DE, DC, MD, PA, VA, WV), Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), Region 5 (IL, IN, MI, MN, OH, WI), Region 6 (AR, LA, NM, OK, TX), Region 7 (IA, KS, MO, NE), Region 8 (CO, MT, ND, SD, UT, WY), Region 9 (AZ, CA, HI, NV, AS [American Samoa], GU [Guam], MP [Northern Marianas Islands], NN [Navajo Nation]), Region 10 (AK, ID, OR, WA)
State State abbreviation. Tribal PWSs without primacy are attributed to an EPA Region (01, 02, 03, 04, 05, 06, 07, 08, 09, 10)
Table 5. Data Definitions for Text Files: UCMR5_All, UCMR5_All_Tribes_AK_LA, UCMR5_All_MA_WY, and UCMR5_MethodNumber
Field Name Definition
PWSID Public Water System (PWS) Identification Code. The code used to identify each PWS. The code begins with the standard 2-character postal state abbreviation or Region code; the remaining 7 numbers are unique to each PWS in the state
PWSName Name of the PWS
Size Size category of the PWS for UCMR 5, based on retail population as indicated by the Safe Drinking Water Information System (Federal) (SDWIS/FED) as of February 1, 2021: S (≤ 10,000), L (> 10,000) FacilityID Identification code for each applicable facility associated with water treatment or delivery at the PWS FacilityName Name of the facility at the PWS
FacilityWaterType Source of water at the facility: SW (surface water), GW (groundwater), GU (groundwater under the direct influence of surface water), MX (Any combination of: SW, GW, and GU) October 2023
Office of Water (MS-140) EPA 815-S-23-004 Page 13 of 14 Field Name Definition
SamplePointID Identification code for each sample point location at the PWS SamplePointName Name of the sample point at the PWS
SamplePointType Sampling Point Type Code: EP (entry point to the distribution system) AssociatedFacilityID Null for UCMR 5
AssociatedSamplePointID Null for UCMR 5
CollectionDate Date of sample collection (month, day, year) SampleID Identification code for each sample
Contaminant The UCMR 5 contaminant analyzed
MRL Minimum Reporting Level (MRL) defined by UCMR 5 in µg/L for the contaminants Units Units of the UCMR MRL and analytical results: µg/L MethodID Identification code of the analytical method
AnalyticalResultsSign Sign indicating whether the analytical result is less than (<) the UCMR MRL or equal to (=) a numeric value at or above the UCMR MRL
AnalyticalResultValue Numeric value of the analytical result in µg/L for the contaminants. Null (or blank) values represent results less than the UCMR MRL
SampleEventCode Identification code for each sample event: SE1, SE2, SE3, SE4 MonitoringRequirement AM (Assessment Monitoring)
Region EPA Region (states): 1 (CT, ME, MA, NH, RI, VT), 2 (NJ, NY, PR [Puerto Rico], VI [Virgin Islands]), 3 (DE, DC, MD, PA, VA, WV), 4 (AL, FL, GA, KY, MS, NC, SC, TN), 5 (IL, IN, MI, MN, OH, WI), 6 (AR, LA, NM, OK, TX), 7 (IA, KS, MO, NE), 8 (CO, MT, ND, SD, UT, WY), 9 (AZ, CA, HI, NV, AS [American Samoa], GU [Guam], MP [Northern Marianas Islands], NN [Navajo Nation]), 10 (AK, ID, OR, WA) State State abbreviation. Tribal PWSs without primacy are attributed to an EPA Region (01, 02, 03, 04, 05, 06, 07, 08, 09, 10)
UCMR1SampleType Null for UCMR 5
Table 6. Data Definitions for Text File: UCMR5_ZIPCodes Field Name Definition
ZIPCode U.S. Postal Service ZIP Code(s) for all areas served by a PWS. This is entered by the PWS.

Table 7. Data Definitions for Text File: UCMR5_AddtlDataElem Additional Data Element Definition and Response Options DisinfectantType All of the disinfectants/oxidants that have been added prior to and at the entry point to the distribution system. Please select ALL that apply.

PEMB = Permanganate, HPXB = Hydrogen peroxide, CLGA = Gaseous chlorine, CLOF = Offsite generated hypochlorite (stored as a liquid form), CLON = Onsite generated hypochlorite, CAGC = Chloramine (formed with gaseous chlorine), CAOF = Chloramine (formed with offsite hypochlorite), CAON = Chloramine (formed with onsite hypochlorite), CLDB = Chlorine dioxide, OZON = Ozone, ULVL = Ultraviolet light, OTHD = Other types of disinfectant/oxidant, NODU = No disinfectant/oxidant used
TreatmentInformation Treatment information associated with the sample point. Please select ALL that apply.

CON = Conventional (non-softening, consisting of at least coagulation/sedimentation basins and filtration), SFN = Softening, RBF = River bank filtration, PSD = Pre-sedimentation, INF = In-line filtration, DFL = Direct filtration, SSF = Slow sand filtration, BIO = Biological filtration (operated with an intention of maintaining biological activity within filter), UTR = Unfiltered treatment for surface water source, GWD = Groundwater system with disinfection only, PAC = Application of powder activated carbon, GAC = Granular activated carbon adsorption (not part of filters in CON, SFN, INF, October 2023
Office of Water (MS-140) EPA 815-S-23-004 Page 14 of 14 Additional Data Element Definition and Response Options DFL, or SSF), AIR = Air stripping (packed towers, diffused gas contactors), POB = Pre-oxidation with chlorine (applied before coagulation for CON or SFN plants or before filtration for other filtration plants), MFL = Membrane filtration, IEX = Ionic exchange, DAF = Dissolved air floatation, CWL = Clear well/finished water storage without aeration, CWA = Clear well/finished water storage with aeration, ADS = Aeration in distribution system (localized treatment), OTH = Other types of treatment, NTU = No treatment used, DKN = Do not know
LithiumOccurrence A yes or no answer provided by the PWS for each entry point to the distribution system.

Question: Have you tested for the contaminant in your drinking water in the past? YES = If yes, did you modify your treatment and if so, what types of treatment did you implement? (see LithiumTreatment); NO = Have never tested for the contaminant; DK = Do not know.

LithiumTreatment If yes, select ALL that apply:

PAC = Application of powder activated carbon, GAC = Granular activated carbon adsorption (not part of filters in CON, SFN, INF, DFL, or SSF), IEX = Ionic exchange, NRO = Nanofiltration and reverse osmosis, OZN = Ozone, BAC = Biologically active carbon, MFL = Membrane filtration, UVL = Ultraviolet light, OTH = Other, NMT = Not modified after testing PFASOccurrence A yes or no answer provided by the PWS for each entry point to the distribution system.

Question: Have you tested for the contaminant in your drinking water in the past? YES = If yes, did you modify your treatment and if so, what types of treatment did you implement? (see PFASTreatment); NO = Have never tested for the contaminant; DK = Do not know.

PFASTreatment If yes, select ALL that apply:

PAC = Application of powder activated carbon, GAC = Granular activated carbon adsorption (not part of filters in CON, SFN, INF, DFL, or SSF), IEX = Ionic exchange, NRO = Nanofiltration and reverse osmosis, OZN = Ozone, BAC = Biologically active carbon, MFL = Membrane filtration, UVL = Ultraviolet light, OTH = Other, NMT = Not modified after testing PotentialPFASSources A yes or no answer provided by the PWS for each entry point to the distribution system.

Question: Are you aware of any potential current and/or historical sources of PFAS that may have impacted the drinking water sources at your water system? YES = If yes, select ALL that apply (see PotentialPFASSourcesDetail); NO = Not aware of any potential current and/or historical sources; DK = Do not know
PotentialPFASSourcesDetail If yes, select ALL that apply:

MB = Military base, FT = Firefighting training school, AO = Airport operations, CW = Car wash or industrial launderers, PS = Public safety activities (e.g., fire and rescue services), WM = Waste management, HW = Hazardous waste collection, treatment, and disposal, UW = Underground injection well, SC = Solid waste collection, combustors, incinerators, MF = Manufacturing, FP = Food packaging, TA = Textile and apparel (e.g., stain- and water-resistant, fiber/thread, carpet, house furnishings, leather), PP = Paper, CC = Chemical, PR = Plastics and rubber products, MM = Machinery, CE = Computer and electronic products, FM = Fabricated metal products (e.g., nonstick cookware), PC = Petroleum and coal products, FF = Furniture, OG = Oil and gas production, UT = Utilities (e.g., sewage treatment facilities), CT = Construction (e.g., wood floor finishing, electrostatic painting), OT = Other
Appendix D
2023 Peak Park Well Preliminary Engineering Design Report and 2022 Feasibility Study

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PEAK PARK WATER WELL

STUDY AND

PRELIMINARY ENGINEERING DESIGN REPORT
Prepared for:

CITY OF BUENA PARK

FINAL REPORT
June 2023

PEAK PARK WATER WELL STUDY AND

PRELIMINARY ENGINEERING DESIGN REPORT

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Table of Contents
SECTION 1: EXECUTIVE SUMMARY......................................................................................... 3 SECTION 2: PROJECT BACKGROUND....................................................................................... 5 SECTION 3: SITE INVESTIGATION AND LAND USE .................................................................... 7 City Zoning Codes 8
Development Standards 8
Title Report 9
SECTION 4: HYDRAULIC MODEL ANALYSIS.............................................................................. 9 SECTION 5: REFINED CONCEPTUAL SITE LAYOUT .................................................................... 9 Existing Utilities 9
El Dorado Drive 12-Inch Pipeline Alignment Alternatives 10 PRELIMINARY UTILITY INFO, January 2023 (Based ONLY on record information) 11 REVISED UTILITY INFO, March 2023 (Based on record AND POTHOLING information) 13 Conceptual Site Layout p1 15
Conceptual Site Layout p2 16
SECTION 6: HYDROGEOLOGIC ANALYSIS AND PRELIMINARY ENGINEERING DESIGN MEMORANDUM.................................................................................................................. 17 SECTION 7: PERMITS AND REGULATIONS ............................................................................. 19 SECTION 8: FUNDING SOURCES ........................................................................................... 19 SECTION 9: COST ANALYSIS.................................................................................................. 20 APPENDICES ........................................................................................................................ 21

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SECTION 1: EXECUTIVE SUMMARY
In an effort to meet peak water demands, increase water supply reliability, and satisfy its contractual obligation to the Orange County Water District (OCWD), the City of Buena Park has identified the need to drill a new groundwater well. In June, 2022; Richard Brady and Associates, Inc. (BRADY) wasretained by the City to evaluate multiple alternatives and prepare a Water Well Siting Feasibility Study. The goal of the Study was to identify and evaluate feasible location(s) for a new groundwater well based upon well production and design goals, groundwater availability and quality, system hydraulics and infrastructure considerations. The Study also considered site suitability for a potential future reservoir and pumping station for construction near the proposed well; to store, pump and possibly treat water, if needed.

The BRADY team completed an extensive evaluation of City parks and existing well site locations.

Three potential well sites were short-listed for further consideration, and ultimately a new groundwater well at Peak Park was recommended. The Peak Park site was clearly the most favorable well site; with favorable hydrogeologic conditions that would allow for construction of a well likely capable of an operational rate of 2,500 gpm, acceptable levels of manganese, and not impacted by PFAS. Additionally, the Peak Park site is reasonably close to existing infrastructure, with space for possible future expansion for a reservoir and other potentially shared future uses for mutual public benefit. The cost savings for the use of groundwater pumped from a new well, in lieu of MWD imported water is estimated to be approximately $650,000 annually.

The results of the Study were presented to the City Council at their September 27, 2022 meeting.

Alternatives were discussed and evaluated and the recommended proposed well site location at Peak Park was unanimously approved by the City Council. At that time, Council also provided direction to proceed with the next phase of the project: to complete a site specific Peak Park Water Well Study and Preliminary Engineering Design Report for the proposed construction of a new groundwater well at Peak Park with a pumping capacity of 2500 GPM. BRADY was retained to complete this next phase of the project, which provides the general engineering, site plan analysis, hydrogeology, and hydraulic analysis necessary before technical plans and specifications and bidding documents can proceed.

Based upon the more detailed analysis contained in this Report, including land use considerations, hydraulic analysis, consideration of alternative piping alignment, permitting requirements, infrastructure considerations, and cost analysis, it is recommended that the City of Buena Park proceed with the next steps to construct a new groundwater well with a pumping capacity of 2,500 gpm, to be located at William Peak Park, 7225 El Dorado Drive in accordance with the Conceptual Site Plan on the following page.

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Conceptual Site Plan - April 2023

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SECTION 2: PROJECT BACKGROUND
The City of Buena Park (“City”) currently owns and operates eight (8) groundwater wells within the City limits. These wells are the City's primary source of water, pumping groundwater from the Orange County Groundwater Basin (OCGB), which is managed by the Orange County Water District (OCWD). During the peak demand season or when a well is out of service due to maintenance or rehabilitation, the city purchases water from the Metropolitan Water District (MWD) to meet its demands and pressure requirements. In April 2018; the City entered into a 20-year agreement with OCWD, generally allowing/obligating the City to produce 100% of its water supply needs from the OCGB. The City is currently unable to achieve this goal, due to the limited capacity of the existing wells. According to the City’s 2019 Water Master Plan (WMP); on average, 77 percent of the supply was water pumped from the groundwater basin and approximately 23 percent was imported water from MWD. As a better and more cost effective alternative to meet peak water demands and satisfy its obligation to OCWD, the City of Buena Park has identified the need to drill a new groundwater well.

In June 2022 the City hired Richard Brady and Associates, Inc. (BRADY) to prepare the Buena Park Water Well Siting Feasibility Study. The goal of that study was to find a feasible location for a new water well (and potential future reservoir, if possible) to reduce the city's need to purchase water from MWD and be self-sufficient during peak season and well maintenance activities. Three locations were ultimately considered and the final recommendation was the construction of a new water well at the William Peak Park site. This site is centrally located, large enough to accommodate future expansion, shows evidence of acceptable water quality and is without interference from existing wells in the vicinity.

A draft feasibility study was prepared and the results of this study were presented to City Council on September 27, 2022. Council unanimously approved the recommended site for a proposed groundwater well at William Peak Park located at 7225 El Dorado Drive, and the Buena Park Water Well Siting Feasibility Study was subsequently finalized (Appendix A). City Council also provided direction to proceed with the next phase of the project: to complete a study and preliminary engineering design report to construct a new groundwater well at Peak Park with a pumping capacity of 2500 GPM. This phase of the project provides the general engineering, hydrogeology, and hydraulic analysis necessary before technical plans and specifications and bidding documents can proceed.

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In November 2022, the City of Buena Park executed a contract with BRADY to prepare a Feasibility Study and Preliminary Engineering Design Report for a proposed water well to be located at William Peak Park. In addition to a continued partnership with hydrogeologists Richard C. Slade and Associates (RCS), the BRADY team also includes Mission Consulting Services for the hydraulic modeling analysis. Collectively, the BRADY team scope of work for this Report includes:

Task 1 – Land Use Considerations
Review of all well location regulations and available record documents provided by the City to determine any restrictions on the proposed well site, including any easements, zoning restrictions, setbacks, etc.

Task 2 – Hydraulic Model Analysis
Complete the necessary hydraulic analysis to determine the impact a new 2500 GPM water well at Peak Park will have on city distribution system hydraulics.

Task 3 – Refined Conceptual Site Layout
Further evaluation of existing infrastructure in the site vicinity and other physical considerations for the proposed site. Project deliverables will include a final conceptual site layout as a basis for engineering design.

Task 4 – Identify necessary permits and regulations
Investigate and identify any anticipated permits and regulations expected to potentially impact the proposed well project.

Task 5 – Identify any restrictions on intended funding sources Investigate and identify any potential restrictions on funding sources (as identified by the City) anticipated for project use.

Task 6 – Refined Cost Analysis
Refine the conceptual cost estimate provided in the Well Siting Feasibility Study.

Task 7 – Preliminary Engineering Design Report
Project deliverables include a draft and then final Preliminary Engineering Design Report that summarizes the above tasks.

Pumping Capacity:
2500 Gallons Per Minute
Estimated Cost:
$6 Million
Est. Annual Cost
Savings:
$650,000
Peak Park Well Site approved by City Council Sept. 27, 2022

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SECTION 3: SITE INVESTIGATION AND LAND USE
The proposed well is located at the existing William Peak Park, 7225 El Dorado Drive (“Peak Park”) in the City of Buena Park. This larger park site property is 16 acres in size and is identified as APN #136-101-04. Below is the parcel map from which the park site was created.

Below is the corresponding aerial view of the Peak Park site in its present day use.

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City Zoning Codes
According to the City of Buena Park Zoning and Land Use Map, the William Peak Park parcel is approximately 688,633.21 square feet in size and is zoned “OR”; Recreational Space, with a land use description of “Open Space”.

All ordinances of the City of Buena Park are codified in the Buena Park City Code. The Zoning Ordinance is Title 19 of the City Code and pertains to zoning and land use. Below is a link to the zoning ordinance, which can also be found in Appendix B of this report. https://library.qcode.us/lib/buena_park_ca/pub/city_code/item/title_19 According to Section 19.604.020 of the ordinance, the OR (Open Space Recreational) Zone is, “To provide for recreational activities located in or using substantial open space.” The uses permitted in the OR Zone are described in Section 19.612.010 of the Zoning Code. In this context, a water well facility would be considered “utilities and communications”… “other public utility facilities or structures, including electrical substations and cellular telephone facilities.” Notation “C” in the Table represents “Conditional use- use eligible for consideration under the conditional use procedure Section 19.128.020 and permitted only if a conditional use permit is approved subject to the specific conditions of such permit”. In summary, there is nothing in the City’s Zoning Code that precludes construction of the proposed water well facility at the Peak Park location, provided that the project complies with all requirements of a conditional use permit issued by the city.

Development Standards
Requirements for Open Space Zones are described in Division 6 of Title 19. Chapter 19.616 elaborates further on other requirements of development in this zone, including development standards for buildings. In addition to compliance with all state, local and federal requirements, (including those concerning Environmental Protection) these requirements include (but are not limited to) the following:

1. All activities and facilities, where permitted by other provisions of this Division, shall be enclosed within permanently constructed buildings. (Section 19.616.010.A)

2. In the OR zone, the maximum building coverage of net lot area shall be 10%. (Section

19.616.040.A) (This may not be relevant unless the desire is to subdivide the existing park parcel to create a new parcel for the water well facility.)

3. In the OR zone, the maximum height of any building or structure more than 50 feet from any residential zone shall be 30 feet. Within 50 feet of any residential zone, the maximum height of any building or structure in the OR zone shall be 15 feet. (Note: additional criteria are provided with respect to antennae, which would be evaluated in the Conditional Use Permit process.) (Section 19.616.060.A)

4. Each lot in the OR and OS zones shall have front, side, and rear yard setbacks not less than 25 feet. (Section 19.616.020.A)
As mentioned above, the proposed project would need to comply with all state and federal requirements including those related to Environmental Protection. Although not included in this Report, CEQA review is anticipated, and will likely result in measures to mitigate sound and other

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unavoidable environmental impacts.

Title Report
In December of 2022, the City of Buena Park procured a current title report for the Peak Park parcel to confirm that there are no restrictions or encumbrances on the property that could impede its development as a water well site. This report was received on January 27, 2023 and is attached herein as Appendix C. In summary, this title report did not reveal any restrictions or encumbrances that would be expected to preclude construction of a new water well at the proposed site.

SECTION 4: HYDRAULIC MODEL ANALYSIS
The City’s hydraulic model was received and reviewed for completeness and calibration. Mission Consulting Services (MCS) conducted a thorough review and determined that the hydraulic model is sufficient and well-calibrated without errors. MCS performed hydraulic modeling analyses for the proposed project. (Appendix D)
In summary, the hydraulic model analysis revealed that in the initial phase of construction (Phase 1), that with the new well facility and necessary piping required to connect westerly to Knott Avenue, the system in the immediate vicinity will experience an increase in pressure of 6 to 7 pounds per square inch (psi) and velocities less than 7.1 feet per second (fps) under maximum day demand conditions. In addition, the Rosecrans Tank will experience an increase in minimum water level during these conditions. These parameters are acceptable, and no adverse impacts are noted based on the results of the hydraulic model.

Subsequent phases may be constructed, to include the addition of a new 12-inch water main in El Dorado Ave. easterly from El Coco to connect to the 8-inch pipeline in El Monte (Phase 2) and eventually (Phase 3) to the 20-inch pipeline in Western Avenue. While there is little to no gain in hydraulic conditions (pressure and velocity) through the addition of this new main, it will provide a much-needed level of operational flexibility should the connection west to Knott Avenue and/or the main in Knott Avenue become out-of-service. With the challenges associated with the existing utilities in Knott Avenue at the intersection with El Dorado, having an alternative means of getting water into the system could be beneficial.

In all Phases, the minimum and maximum pressures in the vicinity of the new well range from 60 to 81 psi.

SECTION 5: REFINED CONCEPTUAL SITE LAYOUT
Existing Utilities
In the effort to refine the conceptual site layout and establish the well discharge piping alignment, access to existing utilities and potential constructability issues in doing so was a primary consideration. We began this effort by investigating all available records of existing

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utilities provided by City staff (Appendix E), as well as those available to the public on the City's GIS system.

In addition to available power supply, the two most important utilities to be considered for the well site plan are access to adequate water distribution pipeline and proximity to storm drain connection. Storm drain access was relatively straight forward- the closest storm drain was found to be the pipeline in Knott Ave. to the west of the site. Potential connections to the City’s water infrastructure were not as straightforward, and several options were explored in detail.

Hydraulic analysis (see Section 4 of this report) revealed that a new water well would need to discharge to (minimum) 12-inch piping for optimum hydraulic results. To maintain alignment in the public right-of-way, a new 12-inch pipeline from the new well, running in El Coco Drive southernly to El Dorado Drive would be needed. Unfortunately, the existing waterline in El Dorado Drive is only 8-inch diameter.

The nearest 12-inch diameter pipeline is in Knott Avenue, which was the most obvious connection to the water distribution system. From the El Coco Drive intersections, this alignment would require construction of approximately 375 lineal feet of 12-inch piping running westerly in El Dorado Drive to connect to existing 12-inch pipeline in Knott Ave and is referred to as Option 1 in the graphic below.

El Dorado Drive 12-Inch Pipeline Alignment Alternatives City water operations staff expressed concern regarding the known presence of oil and petroleum lines in Knott Avenue which could present constructability challenges for a new connection from a pipeline in El Dorado. To address this concern, a second option to construct a new 12-inch pipeline in El Dorado easterly from the El Coco Drive intersection to the 20-inch water pipeline in Western Avenue was explored. This alignment would require approximately 2300 lineal feet of 12-inch piping in El Dorado Drive running easterly to connect to existing 20- inch pipeline in Western Ave and is referred to as Option 2 in the graphic above.

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To reduce the length of pipeline construction needed (and associated costs); another alternative was considered for connection to water infrastructure in Knott Avenue. This alternative would involve securing pipeline easements across adjacent private property. Two potential parcels that might be considered for this alternative alignment include:
(1) the Southern California Edison parcel adjacent to and north of the well site, or (2) the Boys and Girls Club parcel adjacent to and west of the well site.

The northerly parcel is owned (not an easement) by Southern California Edison, so use of this property for temporary construction purposes or permanent pipeline easement purposes was not considered further. Likewise, an easement across the property adjacent to and immediately west of the proposed well site (owned by the Boys and Girls Club) was not considered for pipeline construction purposes at this time.

This left two options for further evaluation: Option 1: Connection to 12-inch pipeline in Knott Avenue, and Option 2: Connection to 20-inch pipeline in Western Ave.

The suspected presence of petroleum pipelines in Knott Ave. was given further consideration, to determine if Option 1 wasthe most feasible. Neither record information nor contact information was readily available, however, after extensive investigation, information was ultimately received from Chevron Oil and Crimson Pipeline, which is provided in Appendix F.

As a result of this extensive record search, known utilities were identified, and then presented to City for discussion, as follows:

PRELIMINARY UTILITY INFO, January 2023 (Based ONLY on record information)

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Because the scope of this initial utility investigation did not include any subsurface investigation, it is important to note that the above information is based only upon the best available record information. BRADY recommended that field verification during the future engineering design phase be pursued for more accurate utility identification, and to reduce the likelihood of other undocumented utility interference.

After review of these findings and recommendations, the City provided direction and issued the BRADY team a new purchase order to proceed with the subsurface investigation necessary to reduce uncertainly with respect to construction of a proposed 12-inch pipeline alignment in Knott Ave., as shown in the highlighted yellow cross hatched area above. The results of this investigation yielded the following:

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REVISED UTILITY INFO, March 2023 (Based on record AND POTHOLING information)

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As discussed in Section 4 of this report, the hydraulic analysis revealed that either Option 1 or 2 would result in acceptable hydraulic conditions. Although some uncertainly is to be expected for either option, a preliminary conceptual cost analysis indicated that Option 2 (requiring nearly 2000 more lineal feet of new pipeline construction than Option 1) would likely cost at least $1.2 million more than Option 1.

In consideration of the concerns discussed above, while there may be some constructability challenges connecting to the 12-inch pipeline in Knott Avenue, Option 1 does appear to be a feasible and more economical option and was therefore the recommended pipeline alignment. The City concurred with this recommended alignment, to be included in Phase 1 of the Project, and requested that subsequent phases be considered to provide an alternative alignment for system redundancy, should the connection to Knott Avenue be out of service for any reason.

In response to the City's request that the Project be considered in three phases, the evaluation and study (including hydraulic analysis and cost estimates) were then completed as follows:

Phase 1
a. Well site development and supporting utilities.
b. Construction of a new 12-inch well discharge pipeline from the well site, down El Coco to El Dorado. Install a 12-inch cross in El Dorado.
c. Construction of a new 12-inch pipeline westerly from the cross in El Dorado to connect to the existing 12-inch pipeline in Knott Ave.
d. Construct a new 12-inch pipeline southerly from the cross in El Dorado to connect (reducer/tee needed) to the existing 8-inch pipeline in El Dorado.
e. 12-inch cross in El Dorado to be blind flanged on the easterly end to accommodate future Phase 2 pipeline easterly in El Dorado.

Phase 2
a. At the new 12-in cross in El Dorado at El Coco, construct a 12-in water pipeline in El Dorado easterly, terminating with a 12x12x8 tee at El Monte. This new tee at El Monte will connect to the existing 8-inch pipeline in El Monte and be available for future (Phase 3) pipeline extension easterly to Western.

Phase 3
a. At the 12x12x8 tee at El Monte, construct the new 12-inch pipeline in El Dorado easterly, with an ultimate connection to existing 20-in pipeline in Western.

City advised that these three phases would likely be bid as three separate bid packages, however, based on funding availability, Phases 2 and 3 could potentially be awarded together.

As a result of this direction, the Conceptual Site Layout was completed, as shown on the following two pages.

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Conceptual Site Layout p1

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Conceptual Site Layout p2

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SECTION 6: HYDROGEOLOGIC ANALYSIS AND PRELIMINARY ENGINEERING DESIGN

MEMORANDUM
For this site specific study effort, BRADY turned once again to Richard C. Slade and Associates, LLC (RCS) who bring decades of experience with Southern California hydrogeology and groundwater studies. Utilizing its hydrogeologic database and review other available information (reports, maps, etc. from various sources) on geologic/hydrogeologic conditions in the region, along with data on well construction, water levels and water quality for other City wells, and for other non-City-owned wells in the vicinity of the final potential well sites, RCS provided an extensive hydrogeologic analysis. RCS also collected newer data from the Orange County Water District (OCWD), California Department of Water Resources (DWR), California Geological Survey (CGS), State Water Resources Control Board (SWRCB), Department of Toxic Substances Control (DTSC) and U.S. Geological Survey, and reviewed electric logs (Elogs) from historic water wells and historic oil wells in the region, as well as E-logs for recently drilled wells in nearby cities.

These electric logs were re-reviewed and correlated as needed for this study and were vital to their hydrogeologic study in order to define the depth, thickness and subsurface continuity of potential aquifer systems beneath the prospective well site.

RCS refined and expanded upon their work from the Well Siting Feasibility Study, narrowing their focus to the Peak Park site. (Please see Appendix G for the complete “UPDATED Hydrogeologic Analysis and Preliminary Design Memorandum - Proposed Municipal Supply Well at William Peak Park”, prepared by Richard C. Slade and Associates, dated April 2023.) In summary, the analysis resulted in the following conclusions:

1. The potential well site at Peak Park will likely obtain its water supply from the Alpha, Beta, Lambda, Omicron and Rho aquifer systems. Consequently, drilling of the pilot hole will be performed to a depth of a 1,300 ft bgs, to intercept a sufficient thickness of aquifer units that may be capable of supplying groundwater to the proposed well. Downhole isolated aquifer zone testing will need to be performed in the proposed well to determine in-situ water quality conditions.

2. Based on a limited number of years of available static water level (SWL) data from nearby City-owned wells, water level depths have ranged between 53 ft bgs to as deep as 169 ft bgs. The current SWL depth at the sites could be on the order of 100 ft bgs.

3. Initial pumping rates for nearby City-owned wells, immediately following their construction, have generally been between 2,500 gpm and 4,615 gallons per minute (gpm). At such pumping rates, initially-reported water level drawdowns variously ranged from 20 to 77 ft. Based on these data, initial specific capacity values exhibited a wide range of values: from 45.5 gallons per minute per foot of water level drawdown

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(gpm/ft ddn), to as great as 214.5 gpm/ft ddn. The specific capacity of a new well at the proposed drill site is estimated to be on the order of 30 to 40 gpm/ft ddn, depending upon its final pumping rates.

4. The groundwater character of the local aquifer systems beneath the City appears primarily to be a mixed cation, calcium-sodium-bicarbonate (Ca-Na-HCO3) type.

5. General Physical Constituents: For most City wells, each of the listed constituents was detected at concentrations below their current California Department of Public Health (CDPH) and United States Environmental Protection Agency (US EPA) respective Primary and/or Secondary MCL, as applicable. In the Smith-Murphy and Ball Wells, color was detected at 15 and 10 color units (CU) respectively, exceeding the MCL. In the Freeway Well, turbidity was detected at maximum 37 nephelometric turbidity units (NTU), in exceedance of the MCL of 15 NTU.

6. General Mineral Analyses: Each of the listed constituents was detected at concentrations below its current CDPH and US EPA respective Primary and/or Secondary MCL, as applicable.

7. Inorganic (trace element) constituents: The abandoned Larwin and Artesia Wells had detected levels of arsenic above the MCL of 10 micrograms per Liter (μg/L) at 21 and

22.6 μg/L respectively. Mercury was detected in the Coachman Well at 87.8 μg/L, exceeding the MCL of 2 μg/L. Aluminum was detected at a maximum of 720 μg/L, the MCL is 200 μg/L. Elevated levels of Iron were detected in many of the existing wells, but only in the Smith-Murphy Well did it exceed the MCL of 300 μg/L at 2,200 μg/L.

Manganese was detected in a few existing wells, exceeding the MCL of 50 μg/L, and ranged from 53 μg/L to 79 μg/L. Unless otherwise noted, trace elements were detected below their respective MCL or notification level (NL) in all wells existing or abandoned.

8. Radiologic Constituents: Uranium and Gross Alpha was detected in most abandoned and existing wells, but at concentrations below their CDPH MCLs. Semi-Volatile and Volatile Organic Compounds: Several of these substances were detected but did not exceed their respective MCL’s in any existing well. Di (2-ethlhexyl) phthalate was detected above the NL of 3 μg/L at 3.3 μg/L in the abandoned Larwin Well.

9. PFAS: These substances were detected in only the City’s Linden Well, and, for those PFAS that have NLs and RLs (PFBS, PFOA, and PFOS), no substance was detected above its RL or NL.

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10. The water quality of the groundwater comprising the earth materials beneath the Peak Park cannot be fully determined and/or characterized until the pilot hole of proposed well is drilled and tested.

11. Based on the available data presented above, a preliminary well design is provided for the proposed well and is presented in detail in the RCS Technical Memorandum.

12. The approximate costs for drilling and constructing the new well (rounded to the nearest thousand) is approximately $2,246,000. It must be noted those costs may fluctuate (and likely increase) on a quarterly basis due to the current volatility of the economy (inflation and steel and fuel costs).

SECTION 7: PERMITS AND REGULATIONS
All phases of the project shall comply with all local, state, and federal requirements. In addition to the environmental review process (not included in this study), anticipated permits and approvals may include (but are not limited to) the following:

1. State of California Department of Drinking Water approval.

2. Orange County Water District (OCWD) approval.

3. Orange County Health Care Agency well drilling permits, required prior to commencement of any drilling operations

4. Regional Water Quality Control Board approval for stormwater and test pumping discharge.

5. National Pollutant Discharge Elimination System (NPDES) Permit to dispose of test water prior to commencement of any drilling operations

6. Southern California Edison (SCE) permit for electrical service.

7. City of Buena Park Public Works Department approval of plans and specifications prior to public bid.

8. City of Buena Park Planning Dept. issuance of Conditional Use Permit (CUP) for compliance with City ordinances..

9. City of Buena Park Building Department plan approval/building permits.

10. City of Buena Park Public Works Encroachment Permit for work in the public right of way.

SECTION 8: FUNDING SOURCES
As discussed at the September 27, 2022 City Council meeting; the proposed Peak Park Water Well Project could be funded from multiple sources. Through Townsend Public Affairs and the Office of Assemblywoman Sharon Quirk-Silva, the City was able to secure funding for $5,000,000 from SB179 for a new water well. Additionally, there is a current balance of approximately

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$1,400,000 in the New Water Well CIP Account, which accumulates funding through every budget cycle for this purpose. Should additional funding be required, American Rescue Plan Act (ARPA) funds may be used for this purpose.

Potential restrictions on funding sources:

1. City Funds. The City’s New Water Well Capital Improvement Project account has been accumulating funding through every budget cycle for the purpose of new water well construction. Staff has advised that there are no restrictions on this funding source.

2. SB179 Funding. City public works and administration staff have been in coordination with the State of California regarding any restrictions on this funding source, in particular restrictions on use of funding for engineering design. A final determination is pending as of the date of this report.

3. American Rescue Plan Act (ARPA) funds. Staff has advised that if needed, ARPA funds may be used for the Peak Park Water Well Project, which allows cities to use ARPA funds to “invest in water, sewer, and broadband infrastructure.” SECTION 9: COST ANALYSIS
The October 2022 Project Feasibility Study provided an estimated opinion of probable costs- a rough order of magnitude estimate- to construct a new 1500-2500 gpm groundwater well at the Peak Park site, indicating a total estimated cost for a new Water Well of approximately $6,000,000.

Now that the project has developed further, it is appropriate to develop a corresponding refined cost analysis, which is included in Appendix H. In summary, these order of magnitude cost estimates for the three phases are as follows:

Phase 1: Well Site Development and connection to 12-inch pipeline in Knott Ave.

OOM Estimated cost: $7, 174,800
Range: +/-20% : $5,739,900 - $8,609, 800
Phase 2: 12-inch pipeline in El Dorado from intersection at El Coco to connection to 8-inch pipeline in El Monte
OOM Estimated cost: $730,100
Range: +/-20%: $584,100 -- $876,200
Phase 3: 12-inch pipeline in El Dorado from intersection at El Monte to connection to 20-inch pipeline in Western Ave.

OOM Estimated cost: $880,200
Range: +/-20%: $704,200 -- $1,056,300

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APPENDICES
Appendices are listed on the attached pages, and can be accessed electronically through the following Dropbox link: http://gofile.me/4676y/b3uD1kBc0

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Appendices
Appendix A – Well Siting Study, October 2022
BRADY Buena Park Well Siting Study FINAL Oct 27 2022
Appendix B – Zoning Requirements
Division 1 Administration
Division 2 Nonconforming Uses and Sites
Division 3 Single Family Residential Zones
Division 4 Multifamily Residential Zones
Division 5 Commercial and Industrial Zones
Division 6 Open Space Zones
Division 7 Special Zone
Division 9 Sign Regulations
Division 10 Temporary Uses and Special Permits
Division 11 Property Maintenance and Use Standards
Division 12 Wireless Communication Facility Regulations and Guidelines Division 13 Commercial Cannabis Uses and Cultivation
Appendix C – Title Report for 7225 El Dorado
Exception 1
Exception 2
Exception 3
Exception 4
Legal Description 1
Legal Description 2

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Legal Description 3
Map
Title Report
Vesting Deed
Appendix D – MCS Hydraulic Analysis
Mission Consulting Services Hydraulic Analysis dated April 13, 2023 Appendix E – City Utility Record Information
BP Sewer System Near Holder and Ball
BP Water System Near Peak
El Dorado Drive, El Monte Drive and El Coco Way Street Plans Joe Young Well Tank Relocation, Pipe Details and Water Line in El Dorado Drive Knott Ave Arterial Water Main
Knott Ave Phase 2. Crescent Ave to Orangethorpe Ave
Knott Ave Street Plan
La Palma Ave Drainage Facilities 1
La Palma Ave Drainage Facilities 2
Reconstruction, Resurfacing and Sealing or Various Streets Tract No. 2017 Street and Sewer Improvements
Tract No. 2112 Street Improvements
William Peek Park Street Plan
Appendix F - Petroleum Pipeline Record Information
Chevron Oil Record Info
Chevron_2022-269 docs
Chevron Cal Fire Marshal Bulletin 9-25-19
Chevron_CAL0324-AS-F-023
Chevron_CAL0324-AS-F-024

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Chevron Northam-Huntington Beach sht 12 scanned
Chevron Northam-Huntington Beach sht 13 scanned
Crimson Oil Record Info
Crimson Pipeline – Safety Brochure(bilingual)
Crimson_39-A-049_REV3_util
Crimson_811 Bulletin (English)
Crimson_4978-Sht13_REV3-Util
Crimson_CSFM Encroachment Bulletin (English)
Appendix G - RC Slade Updated Final Technical Memorandum, April 2023 “UPDATED Hydrogeologic Analysis and Preliminary Design Memorandum - Proposed Municipal Supply Well at William Peak Park”, Technical Report prepared by Richard C Slade & Associates, dated April 12, 2023
Appendix H - Cost Analysis
Opinion of Cost_BP Peak Well-Phase1_DRAFT_20230413
Opinion of Cost_BP Peak Well-Phase2_DRAFT_20230413
Opinion of Cost_BP Peak Well-Phase3_DRAFT_20230413

WATER WELL SITING

FEASIBILTY STUDY
Prepared for:

CITY OF BUENA PARK

FINAL DRAFT
October 27, 2022
Water Well Siting Feasibility Study
October 2022 Final Report
Table of Contents
EXECUTIVE SUMMARY........................................................................................................... 1 PROJECT BACKGROUND......................................................................................................... 3 PROJECT GOALS..................................................................................................................... 5 • WELL PRODUCTION PARAMETERS: ...................................................................................... 5 • WATER QUALITY PARAMETERS:.......................................................................................... 5 HYDROGEOLOGIC INVESTIGATION......................................................................................... 6 • UNIQUE CITY CONCERNS AND OBSERVATIONS ........................................................................ 6 • DATA COLLECTION AND REVIEW.......................................................................................... 7 • RICHARD C. SLADE AND ASSOCIATES EVALUATION (INTRODUCTION)............................................. 7 • ORANGE COUNTY WATER DISTRICT COORDINATION ................................................................ 8 SITE AND INFRASTRUCTURE CONSTRAINTS............................................................................ 9 PRELIMINARY COST ESTIMATING ......................................................................................... 10 CONCLUSIONS AND RECOMMENDATIONS ........................................................................... 11 APPENDICES:
• APPENDIX A – ROSECRANS BOOSTER PUMP STATION PROEJCT LOAN AGREEMENT......................... 13 • APPENDIX B – HYDROGEOLOGIC ANALYSIS AND PRELIMINARY DESIGN MEMORANDUM BY RICHARD C.

SLADE AND ASSOCIATES ................................................................................................. 14 • APPENDIX C – SEPT. 27, 2022 POWERPOINT PRESENETATION TO BUENA PARK CITY COUNCIL ......... 15 Water Well Siting Feasibility Study
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EXECUTIVE SUMMARY
The City of Buena Park currently owns and operates eight (8) groundwater wells within the City limits. These wells are the City's primary source of water, pumping groundwater from the Orange County Groundwater Basin (OCGB), which is managed by the Orange County Water District (OCWD). During the peak demand season or when a well is out of service due to maintenance or rehabilitation, the city purchases water from the Metropolitan Water District (MWD) to meet its demands and pressure requirements.

In April 2018; the City entered into a 20-year agreement with OCWD, generally allowing/obligating the City to produce 100% of its water supply needs from the OCGB. The City is currently unable to meet to achieve this goal, due to the limited capacity of the existing wells combined.

According to the City’s 2019 Water Master Plan (WMP); on average, 77 percent of the supply was water pumped from the groundwater basin and approximately 23 percent was imported water from MWD. As a better and more cost effective alternative to meet peak water demands and satisfy its obligation to OCWD, the City of Buena Park has identified the need to drill a new groundwater well.

In addition to reducing the city's reliance on expensive and limited imported water supplies, construction of a new groundwater offers numerous other benefits, including the following:
• Helps to mitigates the impacts of drought
• Helps to mitigate impacts of future growth in the City • Improves system maintenance and operations
• Substantial cost savings to City
The objective of this Water Well Siting Feasibility Study is to identify feasible location(s) for a new groundwater well based upon:
• Well design goals (e.g., desired annual volume, pumping rate, water quality) • Groundwater availability and quality (extensive hydrogeologic investigation including:

Elogs, drillers logs, pump testing reports, current and historical pumping rates, water quality data/trends, etc.)
• System hydraulics
• Orange County Water District support
• Proximity to, and availability of existing infrastructure • Well site physical considerations (e.g., property availability and suitability for well construction, aesthetic and public impacts/concerns)
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The study also considered a potential future need to construct a reservoir and pumping station near the proposed well to store, pump and possibly treat water, if needed.

After limiting the investigation to city owned properties of sufficient size to accommodate new well construction, the BRADY team completed an extensive evaluation of eleven City parks and existing well site locations, in consideration of all of the above. Three potential well sites were short-listed for further consideration: a new well at William Peak Park, a second well at Boisseranc Park, or a second well at the Freeway Well site.

Further investigation revealed that drilling a new groundwater well at Peak Park was by far the superior candidate to any other site considered. The BRADY team and city staff presented the alternatives and recommended a proposed well site location at Peak Park to City Council at their September 27, 2022 meeting; which was unanimously approved. The Peak Park site has favorable hydrogeologic conditions that will allow for construction of a well likely capable of an operational rate of 2,500 gpm, acceptable levels of manganese, and not impacted by PFAS. Additionally, the site is in reasonable proximity to existing infrastructure, and also lends itself to future expansion for a reservoir and other potentially shared future uses for mutual public benefit. The rough order of magnitude cost estimate for construction of a new groundwater well at Peak Park is approximately $6 million. The estimated cost savings for the use of groundwater pumped from this well in lieu of imported water from MWD is approximately $650,000 annually.

Recommendation
It is recommended that the City of Buena Park proceed with the next steps to construct a new groundwater well pumping capacity of 2,500 gpm, to be located at William Peak Park, 7225 El Dorado Drive.

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PROJECT BACKGROUND
The City of Buena Park (City) provides potable water to a service area of approximately 10 square miles. Land use in the service area is predominantly residential with the exception of a significant industrial complex in the northwest portion of the service area and the commercial area around Knott’s Berry Farm amusement park in the southeast. The current (2022) residential population of the City is approximately 84,734.

The City’s existing potable water supply consists of imported water purchased from the Metropolitan Water District of Southern California (MWD) and groundwater from the Orange County Groundwater Basin (OCGB), which is managed by the Orange County Water District (OCWD). According to City’s 2019 Water Master Plan; from 2007 to 2016, the City pumped an average of 11,297 acre-feet per year (AFY) from the groundwater basin and imported 3,446 AFY for a total water supply of 14,743 AFY. On average then, 77 percent of the supply was water pumped from the groundwater basin and 23 percent of the potable water supply was imported water. This is illustrated in the table below, which was taken directly from the 2019 Water Master Plan.

Historical Water Production and Purchase (Annual)
The City extracts groundwater from eight (8) wells in the OCGB, which underlies most of the northern and central portions of Orange County. These wells provide potable water that does not require treatment. For selected wells, the city adds chlorine as a disinfectant prior to discharge into the distribution system.

The OCGB is managed byOCWD and is approximately 229,000 acres in size, historically providing over 300,000 AFY to the residents and businesses of Orange County. Each year, the OCWD sets the Basin Production Percentage (BPP) to regulate the local groundwater production. The BPP isthe percent ofthe member agencies’ total demand that can be pumped from the groundwater Year
Groundwater
Production
%
Imported
Water
%
Total
AFY mgd AFY mgd AFY mgd
2007 13,257 11.84 74 4,655 4.16 26 17,912 16.00
2008 13,779 12.30 81 3,206 2.86 19 16,985 15.16
2009 13,045 11.65 83 2,612 2.33 17 15,657 13.98
2010 10,222 9.13 73 3,797 3.39 27 14,019 12.52
2011 9,302 8.30 66 4,717 4.21 34 14,019 12.51
2012 8,875 7.92 61 5,670 5.06 39 14,545 12.98
2013 11,270 10.06 74 4,033 3.60 26 15,303 13.66
2014 12,149 10.85 84 2,393 2.14 16 14,542 12.99
2015 10,007 8.93 81 2,314 2.07 19 12,321 11.00
2016 11,064 9.88 91 1,065 0.95 9 12,129 10.83
Average 11,297 10.09 77 3,446 3.08 23 14,743 13.16
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basin and applies only to water producers who pump over 25 AFY. The BPP is set uniformly for all producers on an annual basis.The BPP has historically ranged from 60 percent to 80 percent.

The BPP was 75 percent for 2016-2017. Per the OCWD 2016-2017 Engineer’s Report, the City of Buena Park pumped 9,741 AF groundwater and 2,607 AF supplemental water in the 2016-2017 water year; 78.9 percent of the total demand, which is more than the 2016-2017 BPP (75 percent).

Groundwater pumped by a producer at or below the BPP is assessed as the Replenishment Assessment. Water pumped above the BPP is subject to significant levies in the form of a Basin Equity Assessment. OCWD usesthe revenue collected from the Basin Equity Assessment to fund MWD water that is purchased for groundwater replenishment.Therefore, the Basin Equity Assessment is based in part, on the current price of MWD water.

When the OCGB is operating at normal levels (i.e., within 475,000 acre-feet of maximum capacity), hydrostatic gradients create up to 20,000 acre-feet of annual subsurface outflow across the Orange/Los Angeles County line into the Los Angeles County Groundwater Basin. To help minimize groundwater formation losses from the OCGB into Los Angeles County, in 2018 the City entered into an agreement with OCWD to utilize the rebuilt Rosecrans Booster Pump Station (RBPS) to produce 100% of its total water supply needs from the OCGB. Under this 20- year agreement, known as the “Rosecrans Booster Pump Station Project Loan Agreement” (See Appendix A), the City must “make all efforts to produce 100% of its water supply needs from the OCGRWB unless it is contractually obligated by MWD to participate in its Conjunctive Use Storage Program.” In return, OCWD provides the City with a 20-year zero-interest loan to complete the RBPS and will reimburse the City for additional pumping costs. In its efforts to meet peak water demands and satisfy its obligation to OCWD, the City of Buena Park has identified the need to drill a new groundwater well.

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PROJECT GOALS
The objective of this Study is to identify feasible location(s) for a new groundwater well based upon: well production and design goals, groundwater availability and quality, system hydraulics and well site and infrastructure considerations. The study also considers site suitability for a potential future need to construct a reservoir and pumping station near the proposed well to store, pump and possibly treat water, if needed.

Well Production Parameters: It is the city's goal to achieve 100% groundwater supply, pursuant to their agreement with OCWD. This has not been achievable during the summer months; currently the differential is approximately 1000 AFY; this differential is the new wells production goal. (This is consistent with goal F-9 of the 2019 Water Master plan which lists the goal of constructing a new high capacity well and building).

Water Quality Parameters: Preliminary design of the new well must be prepared in compliance with local codes and regulations and in accordance with the following documents: State of California Water Well Standards, Bulletin No. 74-81, dated December 1981, and its Draft Supplement Bulletin No. 74-90 dated June 1991 and its September 2013 Working Draft Revision; Sections 13800 through 13806 of the California Water Code, and; American Water Works Association (AWWA) Standard for Water Wells (AWWA A100-20). Wells pumping from the lower Santa Ana basin generally provide potable water that does not require additional treatment. (Note: for selected wells, the city adds chlorine as a disinfectant prior to discharge into the distribution system.) It is desired that the new well access groundwater with no evidence of elevated levels of manganese, and avoiding the plume of PFAS in the OCGB east and southeast of the city boundary, which is thought to be migrating towards the City as reported by the OCWD.

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HYDROGEOLOGIC INVESTIGATION
Unique City Concerns and Observations
Early in the project, the BRADY team met with City staff to identify goals, as well as the City’s unique concerns and observations. These meetings revealed City-wide issues for various geographical areas of the City including the following:
• North: City prefers to avoid the existing thermal zone at the northern part of the city, proximal to the Western Coyote Hills. (Smith-Murphy Well water is approximately 70°- 78° F, requiring water to be blended.)
• South: Ball Well is designed for 3,000 GPM. Even though it has the highest HGL, production cannot be maximized because it is at lowest elevation, and the City is forced to operate the Ball Well at approximately 1,000 gpm. New well site should avoid this region of the City due to the issues regarding system pressure logistics in this area. • East: Boisseranc Well produces approximately 2,400 GPM and Linden Well approximately 2,100 GPM.
• West: Knott Well produces approximately 1,200-1,300 GPM; Caballero 1800 GPM; and Freeway Well approximately 1,000 GPM. The Freeway Well has been observed to produce silt at certain pumping rates.
• Southwest: Holder Well previously pumped up to 1,600 GPM, now approximately 1,200 to 1,300 GPM. Needs future rehabilitation.

In addition, manganese has been somewhat present citywide, with the western/southwestern City wells generally showing the highest concentrations. Manganese has also been detected above its MCL on the east side at Boisseranc Park. Raw water has been observed to actually be the color of tea, not simply discoloration from the pipelines; observed at Ball and Caballero Wells, but not at the Holder or Freeway Wells. If manganese were a concern in the proposed new well, City would consider building a (approximately 2 MG) reservoir as part of the well project, specifically to hold and “sequester” well water until the manganese has dissipated.

Reservoir bypass pipelines would allow pumping directly to system if storage becomes unnecessary. City staff were also aware of the presence of PFAS on east side (e.g. Linden Well), but are currently lower than state notification levels; certainly subject to change as requirements and technology change.

In consideration of the above challenges, City staff suggested consideration of sites located near the center of town on publicly owned property as the likeliest candidates, if supported by further hydrogeological analysis. The center of town is also generally desirable from an infrastructure pipeline/distribution accessibility perspective.

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Data Collection and Review
In addition to City infrastructure information provided with respect to the City’s GIS system, the BRADY team received the following information to review and evaluate:
• Available Elogs and drillers logs
• Construction information for Linden well
• Shape files of City owned property
• GIS data for well locations
• Pump testing reports
• Current and historical pumping rates
• Documentation of well rehabilitation or placement of liners • Documentation of sanding or other problems for existing wells. • City of Buena Park Drinking Water Source Assessment and Protection Program dated April 2, 2003. (Prepared in cooperation with the Orange County Water District for submittal to California Department of Health Services.)
Richard C. Slade and Associates Evaluation (Introduction) BRADY subcontracted with Richard C. Slade and Associates, LLC (RCS) who bring decades of experience with Southern California hydrogeology and groundwater studies. As part of their effort, RCS utilized its hydrogeologic database for the area through the collection, compilation and review of other available information (reports, maps, etc. from various sources) on geologic/hydrogeologic conditions in the region, along with data on well construction, water levels and water quality for other City wells, and for other non-City-owned wells in the vicinity of the final potential well sites. Additional sources from which newer data were obtained included the Orange County Water District (OCWD), California Department of Water Resources (DWR), California Geological Survey (CGS), State Water Resources Control Board (SWRCB), Department of Toxic Substances Control (DTSC) and U.S. Geological Survey. Further, RCS reviewed electric logs (Elogs) from historic water wells and historic oil wells in the region, as well as E-logss for recently drilled wells for other cities in the area. These electric logs were re-reviewed and correlated as needed for this study and were vital to their hydrogeologic study in order to define the depth, thickness and subsurface continuity of potential aquifer systems beneath the prospective well site.

Please see Appendix B for the complete “Hydrogeologic Analysis and Preliminary Design Memorandum for a Proposed Municipal Supply Well in the City of Buena Park”, prepared by Richard C. Slade and Associates, October 2022.

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Orange County Water District Coordination
Following extensive research and evaluation, the BRADY, RCS and City staff met with Orange County Water District (OCWD) with preliminary findings and recommendations. OCWD supported the City's goal of being 100% pumped, shared their insights regarding regional water quality issues and concerns, provided additional data and confirmed data that had been evaluated. OCWD concurred with the three short-listed candidates: a new well at Peak Park, or second wells at Boisseranc Park or the Freeway Well site.

It was agreed that the Peak Park site would likely provide water with acceptable concentrations of manganese, and is relatively distant from known PFAS contamination, which wasfirst observed on the east end of town and appears to be migrating westerly. The central location of Peak Park within the city suggests that water bearing sediments will be thicker there than in the northern and eastern portions of the city. Drilling a second well at either the Freeway Well site or Boisseranc Park could be considered if the Peak Park site proved not to be feasible. However, the main disadvantage from a hydrogeologic standpoint with a second well is the drawdown interference between the two wells which could inhibit production capacity. A new well to be drilled at Peak Park was the recommended alternative.

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SITE AND INFRASTRUCTURE CONSTRAINTS
When the list of candidates was short-listed to three and confirmed by OCWD; field visits were conducted with Brady, RCS, and City staff to confirm the selection of a potential well site; assess the coordination for mobilization of drilling equipment; and identify key site parameters necessary for the drilling, testing, and construction of a new well and possible new reservoir. Key parameters investigated at the prospective well sites included:
• Site access (ingress/egress)
• Property size relative to the area needed for a potential above ground storage reservoir, associated pump-house equipment, drill rig and ancillary equipment and storage for any drill cuttings/well construction materials.
• Proximity of water supply to site for “makeup” water required during drilling and well construction.
• Proximity to residential neighbors and consideration of types of noise abatement equipment that may be necessary. (For example, the use of noise control barrier walls, if needed, and approximate lineal feet required.)
• Location of above or below ground utilities, including proximity to available power • Fluid discharge location(s) and the location of proximal storm drains. (This is especially important for well testing and development.)
• Security concerns/issues during construction.

In evaluation and consideration of these parameters, the recommended candidates (in order of preference) remained as follows:

1. Drill a new well at Peak Park

2. Drill a 2nd well at Boisseranc Park

3. Drill a 2nd well at the Freeway Well site
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PRELIMINARY COST ESTIMATING
This section presents the estimated opinion of probable costs based on the findings and analysis presented herein. This is a rough order of magnitude estimate only, with construction cost estimates provided in 2022 dollars without escalation. Cost estimates will need to be refined as the project design develops further.

Estimated rough order of magnitude costs to construct a new 1500-2500gpm groundwater well at the Peak Park site are as follows:

Design $500,000
Well construction $4,500,000
Site improvements $1,000,000
Total Estimated Cost for Water Well: $6,000,000
The above estimate includes soft costs, construction management/support, and other related project costs. It does not include contingencies, including any required fees for environmental processing.

As discussed at the September 27, 2022 City Council meeting; the proposed Peak Park Water Well Project could be funded from multiple sources. Through Townsend Public Affairs and the Office of Assemblywoman Sharon Quirk-Silva, the City was able to secure funding for $5,000,000 from SB179 for a new water well. Additionally, there is a current balance of $1,400,000 in the New Water Well CIP Account, which accumulates funding through every budget cycle for this purpose. Should additional funding be required, ARPA funds may be used for this purpose.

Although not evaluated in detail as part of this study, it appears that the Peak Park site would allow for future construction of a 2 million gallon reservoir, with an estimated rough order of magnitude cost of approximately $10 million.

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CONCLUSIONS AND RECOMMENDATIONS
In consideration of well design goals and parameters, groundwater availability and quality, site hydrogeology and infrastructure considerations, potential sites for a new water well were identified in this Feasibility Study. The study also considered the potential future need to construct a reservoir and pumping station near the proposed well to store, pump and possibly treat water, if needed. This Feasibility Study includes the following general components:
• Well design goals (e.g., annual volume, pumping rate, water quality) • Extensive evaluation of groundwater basin data (including: Elogs, drillers logs, pump testing reports, current and historical pumping rates, water quality data/trends, etc.) • Hydrogeologic investigation
• Orange County Water District support
• Well site physical considerations (e.g., property availability, proximity to existing infrastructure, system hydraulics, future needs, beneficial uses, aesthetic and public concerns)
In consideration of all of the above, the following potential well sites were identified in the City of Buena Park: (1) Drill a new well at Peak Park; (2) Drill a second well at Boisseranc Park; and (3) Drill a second well at the Freeway Well site. Below is a summary of the pros and cons of each of these candidates, as presented to City Council at the September 27, 2022 meeting. (See Appendix C for complete PowerPoint presentation.)

1. NEW WELL AT PEAK PARK
Pros:
• City owned
• Acceptable water quality in vicinity
• Accessible infrastructure
• Hydraulically beneficial
• Center of town
• Large site: conducive to future and/or
shared use needs
• Independent of existing wells
Cons:
• No existing well on site (will rely on
isolated aquifer zone testing data
from pilot borehole).
• Environmental review/ approval, may
impact schedule
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2. DRILL 2
nd WELL AT BOISSERANC PARK
Pros:
• City owned
• Accessible infrastructure
• Hydraulically beneficial
Cons:
• Water quality issues (Mn, future
PFAS)
• Possible Water Level Drawdown
interference between the two wells
(could inhibit production capacity)
• East side of town – may be impacted
by PFAs and require treatment.

3. DRILL 2
nd WELL AT THE FREEWAY WELL SITE
Pros:
• City owned
• Expected acceptable water quality
• Accessible infrastructure
• Hydraulically beneficial
• Center of town
Cons:
• Possible Water Level Drawdown
interference between the two wells
(could inhibit production capacity)
• Very small site – limited future use
It was ultimately revealed that drilling a new groundwater well at Peak Park was the preferred candidate compared to the other sites considered. It has favorable hydrogeologic conditions that will likely produce water that does not have elevated manganese or be contaminated by PFAS, and have the capacity to be pumped at the proposed operational rate for the well of 2,500 gpm.

Additionally, this site is in reasonable proximity to existing infrastructure and also lends itself to future expansion for a reservoir and potentially other shared future uses for mutual public benefit. For example, a buried reservoir could lend itself to shared recreational facilities (e.g., pickleball courts) on the surface.

It is recommended that the City of Buena Park proceed with preliminary engineering plans to construct a new groundwater well at Peak Park, with a pumping capacity of 2500 gpm.

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Appendix A
Rosecrans Booster Pump Station Project Loan Agreement

ROSECRANS BOOSTER PUMP STATION PROJECT LOAN AGREEMENT

BETWEEN ORANGE COUNTY WATER DISTRICT AND CITY OF BUENA PARK This LOAN AGREEMENT (the " Agreement") is entered as of February 27, 2018 by and between the ORANGE COUNTY WATER DISTRICT, a special governmental district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended (" OCWD"), and the CITY OF BUENA PARK, a municipal corporation organized and existing under the laws of the State of California ("City").

RECITALS
A. Approximately seventy-five percent of all drinking water currently used within northern and central Orange County is provided from groundwater by OCWD. Inasmuch as Orange County is located in a semi-arid area, it is essential that all reasonable efforts be put forth to protect the quantity of groundwater supplies available and to provide for maximum utilization of that resource.

B. The City operates a public water system for the purpose of delivering potable water to its customers (the " Water System"), and obtains most of its water by pumping groundwater from wells for delivery to its customers.

C. The City recently awarded a contract to construct the Rosecrans Booster Pump Station (hereinafter referred to as "Project"). Once completed, the Project will allow the City to increase its groundwater utilization by approximately 3200 acre-feet per year, and give the City the ability to meet 100% of its total water demands by pumping groundwater , which has been previously identified as a strategic planning goal of City.

D. The City's cost estimate for the Project is $5,679,849 (the " Project Cost") which includes the construction contract amount, an amount for construction contingencies, and construction management services.

E. The Legislature of the State of California has vested in OCWD the statutory responsibility to manage, regulate , replenish and to protect the groundwater supplies within the boundaries of OCWD.

F. OCWD has estimated that over 20,000 acre-feet per year of groundwater supplies escape from the western side of the Orange County groundwater basin and that additional groundwater pumping by City can reduce the lost groundwater by approximately 1,000 acre-feet per year.

G. OCWD desires to provide City up to a $6 million zero interest loan, repaid over 20 years to fund the Project, in consideration for the City' s commitment to use its best efforts to annually pump sufficient groundwater to meet 100% of its total water demands.

H. City will incur additional operational cost to pump additional groundwater above the Basin Production Percentage, and OCWD commits to annually consider reducing the -2-
Basin Equity Assessment imposed upon City for pumping above the Basin Production Percentage by an amount to offset the additional City costs.

I. OCWD has determined that the value of the groundwater saved to the Orange County Groundwater Basin from the implementation of this Project exceeds the value of the interest that OCWD might charge the City for the loan to finance the Project, thereby justifying OCWD foregoing any interest on the loan to the City for the financing of the Project.

J. OCWD and the City mutually desire to enter into this Agreement for a length of 20 years ("Project Term") and to set forth the specific terms and conditions under which OCWD will loan funds for the Project and City will pump additional groundwater above the Basin Production Percentage.

EXECUTORY AGREEMENTS
NOW, THEREFORE, in consideration of the facts recited above and the covenants, conditions and promises contained herein, OCWD and the City hereby agree as follows:

SECTION 1. ROSECRANS BOOSTER PUMP STATION PROJECT

1.1. The City shall construct the Project based upon the Project design and within the Project Cost which is currently estimated as follows: $4,593,800 construction contract; $460,000 construction contingency amount; and $626,049 for construction management for a total Project Cost of $5,679,849.

1.2. In the event that the cost of the Project exceeds the Project Cost, the City shall submit such revisions to the Project Cost for review and approval by OCWD's General Manager.

In the event that OCWD ' s General Manager determines, in its reasonable discretion (which determination shall be provided by OCWD to the City within 15 business days after the date of City ' s submittal of the proposed Project Cost revisions), to approve the revisions to the Project Cost, those additional costs will be included in the loan amount; provided, however, that if the revisions cause the Project Cost to exceed $6,000,000, such revision in the Project Cost must be approved by the OCWD Board of Directors (which approval or denial shall be provided by OCWD to the City within 30 business days after the date of City's submittal of the proposed Project Cost revisions).

1.3. City shall submit approved construction contractor and construction management invoices to OCWD as they occur for reimbursement by OCWD. Alternatively City can submit a monthly summary invoice for reimbursement that includes the contractors original invoice(s).

OCWD shall reimburse City for such cost within 30 days.

1.4. Once the Project has been constructed and the City has issued a Notice of Completion for the project, City and OCWD staff will jointly determine the final Project Cost and loan amount. City shall provide OCWD with a copy of the Notice of Completion.

1.5. If (a) the Project does not allow City to meet its pumping obligations as outlined in this agreement; or (b) the Project Notice of Completion has not been filed by December 31sr, -3-
2018, then OCWD may transmit notice to the City terminating this Agreement. The City shall repay all money OCWD has paid towards the Project within 180 days of the date of such notice.

1.6. On or before June 30, 2019, and no later than June 30 each year thereafter for so long as an outstanding balance remains on OCWD's loan to the City, City shall repay the loan by making 20 equal payments to OCWD, such that the loan is fully repaid by June 30, 2039, subject to earlier repayment as set forth herein. Such amounts shall be payable solely from revenues and monies maintained by the City which are derived from the City's ownership or operation of the Water System (the "Water Enterprise Monies"). City's obligation to repay the loan from the Water Enterprise Monies is absolute and unconditional, regardless of the effectiveness of the Project in allowing the City to produce sufficient groundwater to meet 100% of its total water demands.

The City's obligation to repay the loan pursuant to this Agreement shall be a special obligation of the City limited solely to the Water Enterprise Monies. Under no circumstances shall the City be required to advance General Fund monies or monies derived from any source of income other than the Water Enterprise Monies for repayment of the loan under this Agreement, nor shall any other funds or property of the City be liable for repayment of the loan hereunder. OCWD shall have no right, directly or indirectly , to require or compel the exercise of the ad valorem taxing power of the City or the forfeiture of any property of the City, including the Water System, for the making of any payments hereunder.

1.7. City shall have the option to repay the entire outstanding loan balance at any time, without penalty, and terminate this agreement at its sole discretion.

1.8. City acknowledges that OCWD has had no involvement in the design and construction of the Project and will have no involvement in its operation; accordingly, OCWD has no responsibility for the implementation or effectiveness of the Project in allowing the City to pump sufficient groundwater to meet 100% of its total water demands.

1.9 The City shall take out and maintain in effect at all times during the term of this Agreement comprehensive general liability insurance in an amount not less than $2 million per occurrence, for bodily injury, death and property damage, naming OCWD as an additional insured under such policy. An endorsement evidencing this insurance coverage shall be furnished to OCWD. The City shall provide written notice to OCWD of any change in the City's insured status during the Project within 30 days of the effective date of such change. If the City is, or becomes, partially or fully self-insured for its public liabilities, a letter executed by the City's Mayor or City Manager stating the City's self-insured status and acknowledging its responsibility to respond to the indemnification of OCWD as provided in Paragraph 4.5 below, may be furnished in lieu of the insurance endorsement. The City shall provide written notice to OCWD of any change in the City's insured or self-insured status during the Project Term within 30 days of the effective date of such change.

SECTION 2. ANNUAL CITY GROUNDWATER PRODUCTION

2.1. Subject to Sections 2.6 and 3.3 of this Agreement, commencing with the City's first fiscal year that begins after the Notice of Completion for the Project has been issued by the -4-
City (it being acknowledged that each City fiscal year begins on July 1), City will use its best efforts annually to pump 100% of its total water supply needs from the groundwater basin.

2.2. City will take all reasonable and necessary efforts to properly maintain the Project and the City's existing groundwater pumping capacity infrastructure, including replacing existing facilities that may fail and/or reach the end of their useful life, to support the 100% pumping goal.

2.3. Subject to Sections 2.6 and 3.3 of this Agreement, if City fails to pump at least 90% of its water supply needs from the OCWD groundwater basin and OCWD has reduced the City Basin Equity Assessment as described in Agreement Section 3.2 for three consecutive fiscal years (beginning no earlier than the fiscal year in which the City's obligation under Section 2.1 of this Agreement commences), OCWD may transmit notice to the City terminating this Agreement. The City shall repay the entire remaining loan balance within 180 days of the date of such notice.

2.4. City shall pay the replenishment assessment and additional replenishment assessment levied and imposed pursuant to the OCWD Act on all groundwater produced by the City during the Project Term.

2.5. City will annually calculate its actual Additional Variable Unit Cost (AVUC) incurred to pump additional groundwater above the Basin Production Percentage as a result of this Agreement. City shall submit the calculated AVUC to OCWD by December of each year.

OCWD shall review the AVUC and notify City within 45 days if it concurs with the calculation .

If OCWD disagrees with City's calculation, OCWD and City staff will meet and utilize industry standards and best practices to determine this amount. The AVUC is currently estimated at $79/af and this amount shall be used for Fiscal Year 2018-19. This amount includes $54/af for the additional energy cost to pump groundwater a second time to the upper pressure zones of the City and an estimate of $25/af to cover the additional incremental O&M cost.

For purposes of this section 2.5, the AVUC represents the incremental additional energy and operation and maintenance costs the City will incur by entering into this Agreement with OCWD.

City Cost Not Included in the AVUC Calculation include:

City was in the process of constructing the Rosecrans Booster Pump Station (RBPS) and has already obligated itself to adequately maintain the facility so that it is operable and ready for service. The City has an existing operating and support staff and overhead structure that are needed to provide water service to the City's customer base which is funded from the city water rates. Prior to entering into this Agreement the City had plans to annually operate the REPS a certain amount of hours each year.

City Cost Included in the AVUC Calculation include:
• Electricity - The Edison electricity cost to pump additional groundwater above the BPP.

This cost is currently estimated at $54/af and will only be annually adjusted by changes to the Edison electricity rate.
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• Operation and Maintenance - By pumping additional water per this Agreement above what was originally planned, City will incur additional O&M cost (additional wear and tear on the equipment). This cost is currently estimated at $25/af., and annual cost increases to this rate shall be capped at 5%, unless a study performed by a qualified engineering firm acceptable to both OCWD and the City shows that the additional O&M cost is projected to be greater than such rate, in which event OCWD and the City agree to negotiate in good faith an appropriate increased rate for additional O&M cost.

2.6. As to any fiscal year for which the City is called upon to implement its contractual obligations with respect to the Metropolitan Water District Conjunctive Use Storage Program, (a) the City will not be required to perform per Agreement Section 2.1 for that particular year, and (b) the City will not be required to perform per Agreement Section 2.3 for that particular year and the " three consecutive fiscal years" requirement in Section 2.3 of this Agreement shall be modified to disregard any year(s) for which the City is called upon to implement its contractual obligations with respect to the Metropolitan Water District Conjunctive Use Storage Program.

SECTION 3. ANNUAL SETTING OF THE CITY'S BASIN EQUITY ASSESSMENT

3.1. OCWD will annually set the City's Basin Equity Assessment as required per the OCWD Act. City understands and acknowledges that the OCWD Board of Directors retains full discretion within the parameters set forth in the OCWD Act to annually impose the Basin Equity Assessment on the City.

3.2. For additional City groundwater pumping above the Basin Production Percentage as contemplated by this Agreement , OCWD will annually consider setting the Basin Equity Assessment to be imposed on the City in an amount that is reduced by the AVUC amount in order to offset the City's additional cost of such groundwater production.

3.3. If for any particular year OCWD does not set the Basin Equity Assessment in an amount that is reduced by the AVUC amount to offset the City's additional cost of pumping above the Basin Production Percentage (such A VUC amount being the amount determined in accordance with Section 2.5 of this Agreement in the December or subsequent months, as applicable , occurring immediately prior to the subject fiscal year), (a) the City will not be required to perform per Agreement Section 2.1 for that particular year, and (b) the City will not be required to perform per Agreement Section 2.3 for that particular year and the "three consecutive fiscal years" requirement in Section 2.3 of this Agreement shall be modified to disregard any year(s) for which OCWD has not reduced the City's Basin Equity Assessment by the applicable AVUC amount.

SECTION 4. MISCELLANEOUS

4.1. Effective Date; Term. This Agreement shall become effective once executed by the City and OCWD and shall expire on June 30, 2039, unless terminated earlier in accordance with the terms of this Agreement.
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4.2. Notices. Any notice , instrument, payment or document required to be given or delivered under this Agreement shall be given or delivered by personal delivery or by depositing the same in a Urrited States Mail depository , first class postage prepaid, and addressed as follows:

Ifto OCWD:

If to City:

Orange County Water District
PO Box 8300
18700 Ward Street
Fountain Valley, CA 92708
Attn: General Manager
City of Buena Park
6650 Beach Blvd
Buena Park, CA 90622
Attn: City Manager

4.3. Compliance with Laws. OCWD and City shall each comply with all existing and future state and federal laws and all county, municipal ordinances and regulations, which in any manner effect that party's perfonnance ohhis Agreement.

4.4. Records and Review. The City shall keep and maintain all records , accounts and reports relating to this Agreement and its performance hereunder for a period of five years following the execution of this Agreement. OCWD shall have access to such records at any time during normal business hours upon 48 hours notice to the City. At its cost, OCWD shall have the right to audit the books, records and accounts of the City relating to its perfonnance of this Agreement no more than once annually, and the City shall provide reasonable cooperation to OCWD in this regard.

4.5. Indemnification.
(a) Except as provided in Section 4.5(b) below, the City shall defend, indemnify and hold OCWD, its officers , directors, employees and representatives, harmless from and against any and all actions , suits, claims, demands, judgments, attorney' s fees, costs, damages to person or property, losses , penalties, obligations, expenses or liabilities (collectively, "OCWD Costs") that may be asserted or claimed by any person or entity arising out of the perfonnance or implementation of this Agreement by City or its officers, directors , employees or representatives, or the distribution or use of any water produced by the City; provided, that the City shall not be liable for OCWD Costs caused by OCWD's own negligence or willful misconduct or the negligence or willful misconduct of OCWD 's officers or agents. (b) OCWD shall defend, indemnify and hold the City, its officers, directors, employees and represen tatives, harmless from and against any and all actions, suits, claims, demands, judgments, attorney's fees, costs, damages to person or property, losses, penalties, obligations, expenses or liabilities (collectively, "City Costs") that may be asserted or claimed by any person or entity arising out of the performance or implementation by OCWD or its officers, directors , employees or representatives of the provisions of this Agreement relating to reduction of the -7-

City's Basin Equity Assessment by the AVUC; provided, that OCWD shall not be liable for City Costs caused by the City's own negligence or willful misconduct or the negligence or willful misconduct of the City's officers or agents.

4.6. Successors and Assigns. The City shall not assign or transfer this Agreement without the prior written consent of OCWD, which OCWD may withhold in its sole and absolute discretion. Any purported unconsented assignment or transfer by the City shall be void and of no force or effect, and shall be grounds for termination of this Agreement and the City's immediate repayment to OCWD of the entire outstanding balance on the loan. OCWD shall not assign or transfer this Agreement without the prior written consent of the City, which consent the City shall not unreasonably withhold. Subject to the foregoing, all of the terms, conditions and provisions of this Agreement shall inure to the benefit of, and be binding upon, OCWD, the City, and their respective permitted successors and assigns.

4.7. Integration, Construction and Amendment. This Agreement represents the entire understanding of OCWD and the City as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Agreement. This Agreement shall be construed as if drafted by both OCWD and the City. This Agreement may not be modified, altered or amended except in writing signed by authorized representatives of both OCWD and the City.

4.8. Agreement Not Exclusive. This Agreement shall not preclude or limit the City from participating in other cooperative opportunities with respect to the Water System with OCWD or any other entity.

IN WITNESS WHEREOF the parties have executed this Agreement as of the date firstwritten above.

APPROVED AS TO FORM: ORANGE COUNTY
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Appendix B
Hydrogeologic Analysis and Preliminary Design Memorandum for Proposed Municipal Supply Well in the City of Buena Park Prepared by Richard C. Slade and Associates; October 27, 2022. 14051 BURBANK BLVD., SUITE 300, SHERMAN OAKS, CALIFORNIA 91401 SOUTHERN CALIFORNIA: (818) 506-0418 • NORTHERN CALIFORNIA: (707) 963-3914 WWW.RCSLADE.COM

FINAL TECHNICAL MEMORANDUM
October 27, 2022
To: Ms. Deborah DeBow, PE, BRADY
Sent via email: [email protected]
From: Anthony G. LeBeau, Joseph Amar, and Anthony Hicke Job No. 778-OGE1 Richard C. Slade & Associates LLC
Re: DRAFT Hydrogeologic Analysis and Preliminary Design Memorandum Proposed Municipal-Supply Well at Peak Park
City of Buena Park

INTRODUCTION
Richard C. Slade and Associates LLC (RCS) has prepared this Preliminary Design Memorandum (PDM) for the City of Buena Park (City) to summarize hydrologic conditions at the City-owned Peak Park, and to present preliminary design recommendations for the construction of a new municipal-supply water at the park. RCS teamed with Richard Brady & Associates, Inc. (BRADY) for this effort.

At the outset of the project, it was the stated goal of the City to evaluate the initial feasibility of construction a new well at a City-owned property. Many properties owned by the City were initially considered by RCS, BRADY, and the City, based on property size and location. The eleven parks and several existing well site properties distributed throughout the City represented the larger parcels under City ownership on which well construction could be feasible. Therefore, RCS and BRADY assessed the eleven City parks and existing well site locations with respect to a number of factors, including hydrogeologic character of each site, proximity of existing infrastructure, capacity of the park to logistically undergo well construction, and other factors. The potential well sites were narrowed to three properties: the Freeway Well Site, Boisseranc Park, and Peak Park.

The key aspects related to well construction and future well operation were qualitatively evaluated for each of the three properties. A summary of this analysis was provided to the City Council on September 27, 2022. Ultimately, the City Council agreed with the analyses and selected William Peak Park (Peak Park) for further study. Technical Specifications for the drilling, construction, and testing of the new well may be provided under separate cover based on the data and recommendations presented in this PDM. Preliminary design recommendations for the new well are based on a review and interpretation of available data and key references.

The Peak Park property is located at 7225 El Dorado Drive, Buena Park, California. Figure 1, “Regional Site Location Map,” shows the regional location of the well site, whereas Figures 2A and 2B, “Park and Well Location Map,” illustrate the locations of the City-owned parks, the City’s existing wells, and the proposed new well at Peak Park. Figure 3, “Detailed Site Map,” shows an aerial photograph and detailed plan view of the Peak Park site, showing the location of the proposed well.
2 The proposed Peak Park well site has the following geographic information data:
o Township 4 South, Range 11 West, Section 2, San Bernardino Baseline & Meridian o Assessor’s Parcel Number (APN): 136-101-04
o GPS Coordinates Site No. 1 Latitude, 33.850099° N: Longitude, -118.009925° W The proposed well will supplement current groundwater resources available to the City, and intercept specific aquifer zones within the northern area of the Central Coastal Plain of the Orange County Groundwater Basin (OCGB). A minimum pumping capacity of 2,500 gallons per minute (gpm) is reportedly desired by the City for the proposed well, if available from the aquifers to be perforated in the new well. This 2,500 gpm rate was calculated by BRADY as the rate required from the new well to offset MWD imports into the City.

INITIAL ASSESSMENT OF BUENA PARK PUBLIC PARK PROPERTIES The City requested that the new municipal-supply water well be located on one of the eleven cityowned parks. RCS reviewed these data to initially assess the hydrogeologic conditions and logistical site feasibility of new well construction at the eleven City-owned parks and existing well sites. A key aspect of the assessment utilized data from the City’s existing wells that were adjacent or already within a park. These wells included the Smith-Murphy Well, Knott Well, Freeway Well, Boisseranc Well, and Holder Well (and are referred to as “refence wells” below). The City provided RCS with historical records for each of the existing City wells, including the reference wells. These historical records included: well construction data, including drillers logs, well completion reports, and reports by other consultants; static and pumping water level data; pumping rate data; annual production volumes; water quality analysis data; pump maintenance and replacement records; and other pertinent data. Additional criteria considered by BRADY was the location of City water infrastructure to each of the properties.

Data from the existing City wells are shown on Table 1, “Summary of City Park Data Review and Reference Wells.” This table summarizes the data used to evaluate each of the City parks, as well as the data from each reference well used in that evaluation (as applicable). Historic water quality data for City wells was also downloaded from the State Water Resources Control Board (SWRCB)-Division of Drinking Water (DDW) database. Table 2A, “Summary of Available Historic Groundwater Quality Data for Abandoned City Wells” and Table 2B, “Summary of Available Historic Groundwater Quality Data for Existing City Wells,” summarize the data downloaded by RCS from the online database.

Table 1 includes the analysis of seven of the City’s eleven parks; four parks were immediately ruled out as candidate sites by RCS and BRADY. Two parks (Larwin, John Beat) were removed from further consideration because of their location with respect to hydrogeology concerns or infrastructure, or the size of the Park. These two Parks in the southern portion of the City (Larwin Park and John Beat Park) are near the City’s existing Ball Well. While the Ball Well is reportedly a good producing well with respect to quantity and quality, the hydraulic aspects of the City’s system limit the ability of the City to distribute water from that well. A new well in the southern portion of the city, south of Lincoln Avenue, would also most likely be subject to similar distribution system constraints as the Ball Well. Two other parks, Images Park and Lindbergh Park were also eliminated from further consideration due to the size of the parks. While most of the City’s parks are multiple acres in size and would be able to accommodate construction of a new well, Images 3 Park and Lindbergh Park are smaller than a quarter acre, which would greatly hinder (i.e., introduce additional costs and time) well drilling and construction activities.

For the remaining seven park sites, multiple aspects of hydrogeologic and logistical concern were reviewed, as shown on Table 1. Review of hydrogeologic data for the City and surrounding area suggests that, in general, water bearing sediments become thinner towards the west and north sides of the City, based on the City’s location within the OCGB (DWR, 1967, 2003; OCWD, 2002, 2006). Specifically, the base of the San Pedro formation (the major water producing aquifer to be targeted by a new well in the City) is shallower in the western and northern portions of the City compared to the eastern and southern areas. In the far northern part of the City, in the vicinity of the Coyote Hills, not only are water bearing sediments thinner, but groundwater with elevated temperatures has reportedly been pumped from wells in the Smith Murphy Park Area, as reported by City staff. These elevated temperatures are also documented in water quality data submitted to the SWRCB DDW database. It should be noted, results of the Freeway Well Site assessment revealed unaccommodating space to drill, construct and test a new well at that site, no space for an optional future reservoir and zero- to- limited future use options at that property.

Based on the hydrogeology, more favorable conditions with respect to a future well having desirable quantity and quality (that does not require treatment before distribution) would be located in the southeastern portion of the City, with some limitations. An existing City well (Boisseranc Well) located at Boisseranc Park (in the eastern portion of the City) has elevated levels of Manganese (Mn) in exceedance of the maximum contaminant level (MCL) for that constituent. Wells that extract water from the relatively deep Main aquifer (a named aquifer within the OCGB, discussed in more detail below) may be the cause of elevated Mn concentrations.

Relatively deep perforations in the Boisseranc Well (located in Boisseranc Park) may be the cause of water quality issues at that Park.

In addition, there is also a known plume of Perfluoro Alkyl Substances (PFAS) in the OCGB east and southeast of the City boundary that is thought to be migrating towards the City, as reported by Orange County Water District (OCWD). PFAS has not been detected in the Boisseranc Well to date, but it has been detected in the Linden Well
1 , approximately 5,000 feet to the southsouthwest of the Boisseranc well. Locating a new well west of Boisseranc and Linden Wells would allow for the Boisseranc and the Linden wells to function as “early warning” points with respect to a migrating PFAS plume. In addition, if the PFAS plume does impact both or either of those wells, a treatment facility may be required in the future, taking those wells temporarily offline. Locating a new well away from the potentially impacted PFAS wells add redundancy to the City’s water supply system, and the new well could be used when the other wells are offline while PFAS treatment is being added.

Based on the multiple factors discussed above and summarized on Table 1, Peak Park is the recommended location to construct a new water-supply well for the City (and the preferred location for City personnel). Peak Park is not located in the north or western portions of the city where water bearing sediments may be thinner or may exhibit water quality issues. Water quality from the nearby Freeway Well is acceptable for potable use, and a new well constructed at Peak 1 There are currently no California MCL’s for these PFAS substances, but there are notification limits (NL). These constituents have not exceeded the NL in the Linden Well to date, as shown in Table 2B. 4 Park will likely have similar water quality to the Freeway well. There is also existing City-operated water infrastructure adjacent to Peak Park that can support connection of a new well to the City’s existing distribution system.

FINDINGS FOR PROPOSED PEAK PARK WELL
Local Geology / Hydrogeology
The proposed new well site at Peak Park lies within the northern portion of the OCGB and south of the Forebay pressure boundary (Figure 1). Within the OCGB, several discrete aquifer systems have been identified by others (DWR, 1967, 2003; OCWD, 2002, 2006). Figure 4, “Generalized Stratigraphic Column, Orange County Groundwater Basin,” shows the various aquifer units within the OCGB, as originally characterized by the California Department of Water Resources (DWR, 1967). The lateral and vertical extent of these aquifer systems is useful for targeting potential water-bearing zones beneath the proposed well site.

As shown on Figure 4, the shallow alluvial deposits in the region are underlain by the UpperPleistocene age Lakewood Formation, a sequence of continental sedimentary deposits that include the Alpha, Beta, and Lambda aquifer systems. The Lakewood Formation, in turn, is underlain by the Lower Pleistocene-age San Pedro Formation, which includes the Omicron, Rho and Main aquifer systems. The bottom contact of the San Pedro Formation constitutes the base of fresh water in the OCGB (and therefore, also within the City). Underlying all regional waterbearing formations are marine sedimentary units of the geologically older Pico Formation, composed principally of gray clay and silt, siltstone and sandstone. Due to its generally finegrained nature and low permeability, the Pico Formation is considered nonwater-bearing for municipal-supply purposes.

As stated above, the DWR-aquifer systems were re-evaluated in 2006 by OCWD, and OCWD now recognizes three major aquifer systems in the area: the Shallow Groundwater Unit (SGU), the Principal Aquifer System (PAS) and the Deeper Aquifer System (DAS). Table 3, “Aquifer System Nomenclature” provides a base correlation between the DWR aquifer system nomenclature and the OCWD-defined aquifer system nomenclature.

Table 3 - Aquifer System Nomenclature
5 Formation
(age)
Aquifer System
DWR (1967) DWR (2003) OCWD (2006)
Alluvium (Recent)
“Semi-Perched”
Upper
“Semi-perched”
Talbert Shallow Groundwater
Unit
Lakewood
(Upper Pleistocene)
Alpha
Beta
Principal
Aquifer
System
Lambda
San Pedro
(Lower Pleistocene)
Omicron
Middle
Rho
Main (Upper)
Main (Lower)
Deeper Pico Aquifer System
(Pliocene) Pico Lower
Based on the DWR (2003) nomenclature, the Upper aquifer system in the OCGB is comprised of the water-bearing sediments encompassed by alluvium and the Alpha, Beta and Lambda aquifers of the Lakewood Formation defined by DWR (1967). The Middle aquifer system of DWR (2003) is composed of the DWR (1967) Omicron, Rho and Main aquifers of the San Pedro Formation, whereas the Lower system represents the Pico Formation.

As shown on Table 3, the OCWD (2006) nomenclature groups slightly different strata compared to the DWR (1967 and 2003) definition. According to OCWD the “Semi-Perched” aquifer is a separate aquifer system within the alluvium. The Shallow Groundwater Unit (SGU) is composed of only two DWR (1967) aquifer systems, namely the Talbert and Alpha aquifers. The Principal Aquifer System (PAS), from which most wells in the OCGB pump groundwater, encompasses the Beta through the Upper Main aquifer systems. The Deeper Aquifer System (DAS) is comprised chiefly by the Lower Main aquifer system and the upper portion of the Pico Formation (see above table). The DWR (1967) classification of the aquifer systems was defined using data for the general area along the coast and near the Talbert Gap, but not necessarily near the inland areas of the OCGB. Correlation of these aquifer units and nomenclature has been extended inland by other researchers, but it is acknowledged that some these labeled aquifer systems may not continue inland. OCWD has adopted the nomenclature of SGU, PAS and the DAS for the aquifer systems in the inland portions of the OCGB. However, for the purposes of this Memorandum, RCS uses the DWR (1967) aquifer nomenclature; RCS has been correlating E-log signatures using the DWR (1967) nomenclature for water wells and oil wells in the OCGB for nearly 30 years.
6 General Description of the Aquifer Systems
DWR (1967) and OCWD (2006) provided brief descriptions of the individual aquifer systems, which are summarized, from geologically youngest to oldest, as follows:

Lakewood Formation: The aquifer systems of the late Pleistocene-aged Lakewood Formation have been separated into the Alpha, Beta and Lambda systems. These aquifer systems are generally prevalent throughout OCGB and consist of unconsolidated to semi-consolidated, interbedded and intercalated marine and continental deposits of clay, silt, sand and gravel. The thickness of this formation varies by location, ranging from a few feet at the edge of the OCGB to as much as 500 ft in the central portion of the basin. Many wells in OCGB obtain their groundwater supply from the aquifer systems in this formation and these deposits are capable of yielding groundwater to wells at rates up to 4,000 gpm in the central portions of the basin, where this formation is considered to have its maximum thickness.

San Pedro Formation: The San Pedro Formation of early Pleistocene age contains the Omicron, Rho and Main aquifer systems. Depths to the top of this formation (i.e., to the base of the overlying Lakewood Formation) may range from 1,000 to 1,300 ft; thicknesses appear to range from 250 to 1,000 ft. This formation is composed largely of unconsolidated to semi-consolidated marine deposits of clay, silt sand and gravel and, locally, more indurated sandstone and sandy conglomerate (in its deeper sections). Several wells derive all or a portion of their supply from these three aquifer systems in OCGB. However, the Omicron and Rho are the two-major waterbearing aquifers of the formation largely because the deeper Main aquifer is known to contain tea-colored groundwater in areas that generally requires extensive and costly treatment to remove the color (the color is likely from organic acids like humic and fulvic). Consequently, few wells in OCGB obtain any portion of their supply from the Main aquifer system, and if they do, it is likely treatment of some form is associated that those wells for either color, Mn, Fe, or hydrogen sulfides. A few wells owned by others in the region were originally perforated within the Main aquifer system; those wells produced colored water, but they were subsequently modified (via cementing of the lower perforations in those wells) to preclude the production of colored water from that system. Based on the depth of the Boisseranc well, I may be perforated within the Main aquifer. It is possible that the elevated manganese concentrations in the groundwater pumped from that well may be derived from the Main aquifer system.

Pico Formation: Underlying all the formations described above and their respective aquifer systems is the Pico Formation of Pliocene geologic age. Generally, this formation consists of a thick sequence of well-consolidated dark gray clay with occasional lenses of sand and gravel. The fine-grained formation is generally not targeted as a source for groundwater due to its water quality and low production rates (for large-scale municipal-supply purposes). Some wells in the OCGB reportedly contain some perforations within the Pico Formation. However, pumping rates from wells perforated entirely within that formation tend to be low.

Potential Target Aquifer Depths at the Proposed Peak Park Well Site Stratigraphic correlation using E-Logs is an important tool used by RCS to help identify useable aquifer systems and, thus, to help select potential (target) drilling depths at prospective well sites. Such correlation is also important within the study area regarding trying to avoid the colored water (and possibly Mn, Fe, or hydrogen sulfides) conditions noted above. As such, RCS has developed over the years an in-house E-log correlation network for various water wells and 7 historic oil/gas wells in the Orange County region. This correlation network is based on the concept of stratigraphic packages, which is a tool commonly used in petroleum exploration to define the subsurface continuity of key strata. Consequently, RCS was able to identify the potential depths and basic subsurface continuity of the aquifer systems and, thus, potential drilling depths for a new well at the proposed new well site.

Table 4, “Potential Depths and Thicknesses of Aquifer Units, Peak Park Site” provides RCS’s opinion regarding the depths and approximate thicknesses of the aquifer systems that could potentially be present beneath Peak Park. Table 4 shows that the approximate depth to the base of the San Pedro Formation (or the Lower Main aquifer system) may occur at a depth of 2,000 ft bgs beneath Peak Park. However, because the upper and lower Main aquifer systems will not be targeted as potential source of groundwater (because of colored water and potential elevated levels of manganese in those aquifers), the actual depth of the drilling for the proposed well will necessarily be shallower.

A pilot hole for the new well proposed at Peak Park could be drilled to a maximum depth of ~1,300 ft bgs, in order to completely intercept the Rho aquifer system (see Table 4) and drill into the Main aquifer. Due to localized variability in the stratigraphy, the actual depths of Main and Rho aquifers may be more shallow or deep, and isolated aquifer zone testing is warranted for the new well to characterize the water bearing sediments and water quality at depth. The Main aquifer is not proposed to be included as part of the completion of the proposed Peak Park well due to possible water quality concerns in that aquifer (discussed further in the text below).

CITY WELL CONSTRUCTION
Available well construction data provided to RCS by the City for the City’s abandoned and existing wells are summarized in Table 5 “Summary of Available Water Well Construction Data.” There are eight existing, active wells in the City, and six other wells were known to have existed but have been destroyed.; the locations for these existing and former wells are shown on Figures 2A and 2B. The eight existing wells are used for municipal supply purposes. Of the wells shown on Figures 2A and 2B, the City’s Freeway and Linden Wells are the closest to Peak Park, located at distances of about 2,400 and 7,000 feet from the Park, respectively. Key construction information for the City’s wells includes:
o Most of the City’s wells were constructed after 1950, except for the Moss well. The exact date that it was constructed is not known but was perhaps before 1931. It continued production into the 1990’s when it was destroyed. o In a ten year period between 1954 and 1964 there were nine wells constructed, and four of those wells are still active production wells today. o The Larwin and Artesia wells were constructed in 1954 and 1955 to maximum casing depths of 245 ft and 347 ft bgs, respectively. There was no available data on the perforation type for either well. It was reported that perforations began at 114 ft bgs and ended at 245 ft bgs for the Larwin Well. For the Artesia Well, only 17 feet of perforations, from 320 ft to 337 ft bgs, were reported. Both of these wells are now destroyed.
o Between 1963 and 1964 there were 6 wells constructed, with five of them having essentially the same design. Those wells have a maximum depth of approximately 8 1,000 ft bgs and approximately 800 feet of perforated casing. There are 4 of these wells still active today.
o There were 4 wells constructed after 1964 that are active today, constructed to depths ranging between 870 ft and 1,375 ft bgs. The top of the uppermost perforations in those wells vary between 308 ft and 475 ft bgs and the bottom of the perforations are range from 850 ft and 1,355 ft bgs.
o The Freeway Well was constructed to a depth of 1,000 ft bgs and the Linden Well was constructed to depth of 1,221 ft bgs. The perforated sections of casing in those wells are louver perforations. In the Freeway Well the perforations are set from 260 ft to 1,000 ft bgs, and in the Linden Well the perforations are interspersed from 470 ft to 1,201 ft bgs.
o Gravel pack in the Linden Well was reported as 8 x 20 gradation. Information for the gravel pack in the Freeway Well was not available
o Well casing diameter in the Freeway Well is reportedly 16 inches ID; well casing diameter in the Linden well is reportedly 20 inches ID reduced down to 16 inches ID. o Sanitary seal information showed maximum depths of the cement seals of 120 and 418 ft bgs for the Freeway and Linden Wells, respectively.

GROUNDWATER LEVELS AND PUMPING DATA
Static (non-pumping) and pumping water levels were provided by the City for all eight of the City’s active wells, namely: Ball, Boisseranc, Caballero, Freeway, Holder, Knott, Linden, & SmithMurphy wells. The provided static water level (SWL) data were collected by the City on a monthly basis monthly from May 2010 to June 2022. Figure 5, “Static Water Levels, City of Buena Park Wells” shows a hydrograph using the City-collected data. An accumulative rainfall departure curve based on an annual PRISM rainfall data set (PRISM, 2020) is also plotted in Figure 5. The comparison of SWL’s to the accumulative rainfall departure curve provides a qualitative generalization of rainfall trends and the response of groundwater levels on a short-term basis.

Plotted SWL data (Figure 5) reveals the following:
o SWLs generally follow the accumulative rainfall departure curve and show an oscillatory pattern with water levels ranging in depth from 53 to 169 ft below reference point (brp). The concordance of SWLs and the accumulative rainfall departure curve indicates (qualitatively) a moderate degree of hydraulic connection between rainfall and static groundwater levels.
o Water levels began increasing in late 2010 and peaked in late 2011. By 2013 water levels had decreased again and reached similar values as early 2010. These years of decline are contemporaneous with the State drought conditions of 2007 to 2009 and 2012 to 2016. By 2015 water levels began slowly increasing until 2018, they have remained relatively constant since.
o The decreasing and increasing SWL trends compared to the accumulative rainfall departure curve are concordant from 2013 to 2019, showing a temporal pattern of depressed SWL’s during drought years and increasing SWL’s with higher accumulative rainfall (i.e., with a “wet” period). Before 2013, Where the rainfall 9 departure curve decreases, before 2013 and after 2019, SWL’s either increase or remain relatively constant. This relationship indicates a more complex hydraulic relationship between rainfall and SWL’s in the groundwater basin.

Well specific pumping data provided by the City are summarized in Table 6, “Summary of Available Pumping Data for City Wells.” Those data include PWL’s, pumping rates, and calculated water level drawdown collected by the City on a monthly schedule from their active water-supply wells. Calculated specific capacity values from the City-provided data set showed values ranging from 9.6 to 71.4 gpm per foot of drawdown (gpm/ft ddn) for historic and existing wells. For the existing wells in production, the more recently calculated specific capacity values ranges from 9.6 to 44.8 gpm/ft ddn.

Figures 6 and 7 (“Pumping Water Levels Freeway Well” and “Pumping Water Levels Linder Well”) illustrate the pumping rates and PWL’s for the two closest wells to the proposed new well at Peak Park, the Freeway Well and Linden Well respectively. Both plots reveal the PWL’s in those two nearby wells have decreased over time. It is the opinion of RCS that the declining pumping water levels in those two wells are likely a result of the growth of biofilm and/or scale/encrustation in the perforations of those wells due to a lack of consistent well rehabilitation. As discussed above, the SWL’s in those two wells appear to have remained consistent and relatively stable from 2017 to 2022, whereas the pumping rates and PWLs appear to have slowly been in decline.

General Water Quality Conditions
Water quality data obtained from the SWRCB DDW database were reviewed to interpret the groundwater quality conditions in the potential aquifer zones beneath the proposed Peak Park well site. Groundwater quality data obtained from the DDW database for the City’s wells spanned a 38-year period (1984 to 2022). Reported minimum and maximum values for Title 22 constituents are presented in Tables 2A and 2B. The following provides a summary of Key data derived from Table 2A and 2B:
o The groundwater character of the local aquifer systems beneath the City appears primarily to be a mixed cation, calcium-sodium-bicarbonate (Ca-Na-HCO3) type. o General Physical Constituents: For most City wells, each of the listed constituents was detected at concentrations below their current California Department of Public Health (CDPH) and United States Environmental Protection Agency (US EPA) respective Primary and/or Secondary MCL, as applicable. In the Smith-Murphy and Ball Wells, color was detected at 15 and 10 color units (CU) respectively, exceeding the MCL. In the Freeway Well, turbidity was detected at maximum 37 nephelometric turbidity units (NTU), in exceedance of the MCL of 15 NTU.
o General Mineral Analyses: Each of the listed constituents was detected at concentrations below its current CDPH and US EPA respective Primary and/or Secondary MCL, as applicable.
o Inorganic (trace element) constituents: The abandoned Larwin and Artesia Wells had detected levels of arsenic above the MCL of 10 micrograms per Liter (μg/L) at 21 and 22.6 μg/L respectively. Mercury was detected in the Coachman Well at 87.8 μg/L, exceeding the MCL of 2 μg/L. Aluminum was detected at a maximum of 720 μg/L, the MCL is 200 μg/L. Elevated levels of Iron were detected in many of the existing wells, but only in the 10 Smith-Murphy Well did it exceed the MCL of 300 μg/L at 2,200 μg/L. Manganese was detected in a few existing wells, exceeding the MCL of 50 μg/L, and ranged from 53 μg/L to 79 μg/L. Unless otherwise noted, trace elements were detected below their respective MCL or notification level (NL) in all wells existing or abandoned. o Radiologic Constituents: Uranium and Gross Alpha was detected in most abandoned and existing wells, but at concentrations below their CDPH MCLs. o Semi-Volatile and Volatile Organic Compounds: Several of these substances were detected but did not exceed their respective MCL’s in any existing well. Di (2-ethlhexyl) phthalate was detected above the NL of 3 μg/L at 3.3 μg/L in the abandoned Larwin Well. o PFAS: These substances were detected in only the City’s Linden Well, and, for those PFAS that have NLs and RLs (PFBS, PFOA, and PFOS), no substance was detected above its RL or NL.

Potentially Contaminating Activities
A preliminary inventory of past and current potentially contaminating activities (PCAs) was compiled using readily available data for the proposed well site. An initial assessment was performed using the Regional Water Quality Control Board (RWQCB) GeoTracker website, as it provides a compilation of environmentally impacted sites. It is also linked to the Department of Toxic Substances Control (DTSC) Envirostor website which shows cleanup sites, land disposal sites, waste permit sites, permitted underground storage tank (UST) sites. Results of the GeoTracker inquiry are presented in Figure 8, “Map of Potentially Contaminating Activities.” Some PCAs of concern occur within a 2,500-foot radius of the proposed new well site. According to the GeoTracker website, within a 2,500 ft radius there is a single active remediation site.

La Palma Plaza (60002369)
This is an active voluntary DTSC cleanup site, and it consists of 2.66-acres at a portion of a strip mall that was once a dry cleaners. The site is located 1,300 ft southwest of the proposed well site. This cleanup site is undergoing a remedial action work plan and soil vapor extraction (SVE) for elevated VOCs in soils, Tetrachloroethylene (PCE) and trichloroethene (TCE). These contaminants have been detected in the northwest portion of the current property (DTSC).

SITE LOGISTICS
Based site visit on August 29, 2022, the proposed Peak Park well site appears to have favorable conditions regarding logistical constraints for well construction.

O The site has adequate space for drilling equipment and other requisite equipment, and is not constrained by adjacent properties.

O The DDW requires a minimum 50-foot wellhead clearance from the property line boundaries, and this can easily be achieved at the proposed well site. Additional clearances from underground or above ground infrastructure maybe needed.

O The proposed well site lies within a park in a predominantly residential part of the City., but is hundreds of feet from the nearest residence. Noise control barriers (i.e., sound walls) along all the boundaries of the construction site will be needed. Other sound 11 reduction methods may be implemented such as muffler controls and silencers on the equipment, air compressors, etc.

O Access to the site is limited to a paved road located on the western side of Peak Park, via El Coco Road, but the road stops approximately 250 feet from the proposed well site, and a temporary construction road will be needed to access the well site.

Overhead utilities (power lines, telephone lines, etc.) were not observed in the vicinity of the proposed well during the site visit. Ingress/egress to and from the site for drilling equipment does not appear hampered by overhead utilities, trees, or other possible impediments.

O The site is not close to any major thoroughfare, and thus, traffic control will not be needed when the drill rig and other equipment are entering and/or exiting the area to and from El Coco Road.

O Nearby storm drains for discharge of well development and well testing fluids are available in the immediate area of the well site. The closest storm drain infrastructure to the proposed well site are catch basins located on Knott Ave (shown as "discharge point” on Figure 3). Well development and testing fluids could be discharged into this catch basin, but the fluids will first require treatment and monitoring in order to comply with regional discharge permit requirements. The discharged water will be turbid during the development and testing of the proposed new well.

O Drilling water or “make-up” water needed for drilling purposes is typically obtained from municipal water sources such as fire hydrants or water mains. A fire hydrants was observed in close proximity to the proposed well site (shown as “water source” on Figure 3). A flow rate of 200 to 300 gpm will be needed on an occasional basis during borehole drilling and reaming operations.

O The Contractor will need to provide the entire site with security when drilling crews are not onsite.

The proposed well site on Peak Park should be of sufficient size to allow adequate room for drilling equipment on the site. The City should verify property lines, utility lines, and additional surface infrastructure for the well site in order to be in compliance with the wellhead clearances set by the DDW.

PRELIMINARY WELL DESIGN
Based on the available data presented above, a preliminary well design is provided for the proposed well in Figure 9, “Preliminary Well Design Diagram.” The preliminary well design was developed to: help optimize pumping capacity; source groundwater from deeper aquifer systems; and reduce construction material costs. The depths listed for drilling and construction in Figure 9 are considered approximate and can be used in the preparation of the Technical Specifications and line item bid sheets for the work. The final well construction design is generally finalized after assessment of the pilot hole geophysical log and isolated aquifer zone testing data at the proposed well site. Reverse circulation mud-rotary is the preferred drilling method because it produces less suspended and colloidal residuals in drilling and testing water, thereby requiring less development time and aiding discharge permit compliance. Following well construction, the 12 new well will be developed to rid the casing, gravel pack, and surrounding formation of drilling fluids, that, if not removed, will tend to clog the flow of groundwater into the new well. After the new well is developed, pumping tests will be conducted to help identify the operational pumping rate for the new well.

Well Design & Construction
o Install a 42-inch outside diameter (OD) low carbon steel (LCS) conductor casing to a minimum depth of approximately 50 ft bgs that will be cemented into a 50-inch (minimum) borehole.
o Advance a 12- to 18-inch in diameter pilot hole below 50 ft bgs to a maximum depth of approximately 1,300 ft bgs, or until the Main aquifer is encountered and identified by the representative hydrogeologist. Drift surveys will be performed in the pilot hole to help verify plumbness and alignment.
o Following pilot hole drilling, conduct downhole geophysical logging in the open borehole, consisting of 16-inch (short-normal) & 64-inch (long-normal) resistivity, focused resistivity, gamma ray, and spontaneous potential surveys. o Perform a minimum of five isolated aquifer zone tests in the pilot hole. o Ream the pilot hole to 34 inches in diameter and to a depth of approximately 600 feet bgs followed by a 26-inch minimum diameter ream to approximately 1,120 feet bgs. o Pump house casing is to be 20-inch inside diameter (ID) 3/8-inch wall thickness high strength low alloy (HSLA) steel casing to a depth of 390 ft bgs. o A five-foot long, 20- to 16-inch ID stainless steel casing reducer will be installed from 390 to 395 ft bgs. Well casing below the reducer will consist of 16-inch OD HSLA steel casing.
o Perforated casing is to be 16-inch OD by 5/16-inch wall thickness HSLA steel casing with a preliminary louver slot opening of 0.050 inches. o Perforated casing may total approximately 570 feet and be installed intermittently between the approximate depths of 400 to 1,100 ft bgs. Actual lengths and depth settings of perforated casing sections and the slot width will depend on the geologic log, geophysical logs, and the results of the isolated aquifer zone tests. o There should be approximately 20 feet of 16-inch ID HSLA steel casing, called cellar pipe, with a welded end cap, placed below the last (deepest) section of perforated casing.
o Accessory tubes should include a gravel feed tube, a sounding tube, and a camera tube. The gravel feed tube should be made from low carbon steel (LCS), and HSLA steel used for the sounding and camera tubes.
o Gravel pack for the new well will be a high silica, subrounded to rounded, sand-gravel mixture with a preliminary gradation of 8 x 20 (anticipated). A 5-foot long section of fine-grained sand shall be placed atop the gravel pack to help prevent cement filtrate from entering the top of the gravel pack.
13 o A 10-sack sand-cement grout seal should be installed from ground level to a depth of approximately 350 ft bgs to form a deep annular cement (sanitary) seal for the new well.
o Optional intra-annular seal and a bottom-hole plug can be added, based upon results of the date received from drilling and testing of the proposed pilot hole.

Well Development
o Mechanical development (swabbing and airlift pumping) will immediately follow installation of the well casing, gravel pack, bentonite seals, and cement seal. o Chemical development will be conducted in conjunction with mechanical developing, incorporating phosphate-free dispersants, along with chlorination to liberate finegrained sediment and drilling muds from the casing, gravel pack, and walls of the adjoining borehole.
o Pumping development (surging and pumping) with a temporary test pump will be used to further develop the well.
o Post-development video and alignment surveys will be completed to verify well casing condition and plumbness.

Well Testing
o After well development, two separate pumping tests will be performed to determine aquifer parameters and the pumping capacity of the new well. The pumping tests should consist of an initial 12-hour (maximum) step drawdown test (4 steps) and a subsequent 48-hour (maximum) constant rate pumping test. o During the pumping tests, groundwater levels in a few other proximal well should be monitored to help define any possible water level drawdown interference. o A dynamic flowmeter survey will be conducted at the end of the constant rate pumping test to help identify the flow rate from the various perforated casing zones. o An additional static flowmeter survey shall be conducted following full SWL recovery to identify groundwater flow regimes in the well casing under non-pumping conditions. o A final alignment test and a color video survey will be conducted after removal of the test pump.

Groundwater Conditions
o An initial static water level of approximately 120 feet bgs in the proposed well is anticipated. These water levels will likely fluctuate over time, as seen in the historic water-level data from onsite well.
o A pumping rate in the range of 100 to approximately 200 gpm is anticipated for each isolated aquifer zone test.
o A final water quality sample from the new well is anticipated to have a calcium-sulfatebicarbonate water character. Concentrations of TDS, certain VOCs, and perhaps 14 perchlorate in the final wellblend might exceed their respective State Primary or Secondary MCLs.
o The new well could experience possible problems over time from naturally-occurring biological slimes or growths, known as bio-fouling, a common problem with many water supply well in the region. Declines in pumping rates and specific capacity will occur over time because of the plugging aspects of such organisms.

POTENTIAL PUMPING RATE AND SPECIFIC CAPACITIES
Table 7, “Preliminary Assessment of Pump Rates and Pump Depth Setting”, presents a preliminary evaluation of the final pumping rates and depth settings for a new permanent pump in each proposed well. This preliminary information is based upon available water level and pumping rate data from municipal well proximal to the Peak Park site. Table 7 provides a preliminary estimate of potential pumping rates and resulting PWLs that may occur in the proposed new well. It is possible that this preliminary estimate could differ significantly from actual pumping conditions at the time each proposed well is constructed and tested.

Three PWL estimations were calculated using specific capacity values that are likely for the new well: 40, 35, and 30 gpm/ft ddn. These estimates are based on the data presented in Table 6.

The SWL was assumed to be 100 ft bgs for each calculation. A pumping rate of 2,500 gpm was also used in all three calculations. This flow rate was derived from an analysis by BRADY that identified the rate necessary for the City to be self-sustaining during periods of peak water demand (and not require Metropolitan Water Authority imports). As shown on Table 6, the resulting PWLs from these parameters could occur at depths of approximately 163 to 183 ft bgs, depending on the pumping rate and estimated specific capacity value. Factoring in an anticipated 15% decrease in the initial specific capacity over time (assumed to be caused by the growth of biofilm and scale), and an additional 50-foot SWL decline over time due to long-term drought conditions, projected estimated PWLs may range from 234 to 258 ft bgs in the new Peak Park well. Thus, the intake for a future permanent pump could be placed at a depth ranging from 254 to 278 ft bgs, factoring in a minimum 40 ft of additional submergence required for a pump.

Limitations
This Memorandum has been prepared for the City of Buena Park and applies only to evaluating the hydrogeologic conditions regarding the siting and preliminary design of the new municipalsupply water well at the proposed Peak Park well site evaluated herein. This Memorandum has been prepared in accordance with the care and skill generally exercised by reputable professionals, under similar circumstances and in this or similar localities. No other warranty, either expressed or implied, is made to the professional advice presented herein. 15 REFERENCES
California Department of Water Resources (DWR), July 1967, Progress Report on Groundwater Geology of the Coastal Plain of Orange County, 100 p.
_____, 2003 (Update), California’s Groundwater Bulletin 118. 246 p.

Department of Toxic Substances Control (DTSC), 2016, Envirostor https://www.envirostor.dtsc.ca.gov/public/profile_report.asp?global_id=60002369, accessed September 2022.

Orange County Water District (OCWD), 2019, Groundwater Elevation Contours for the Principal Aquifer – Map
_____, 2006, Hydrogeology of the Orange County Groundwater Basin – An Updated Overview, Orange County Groundwater Basin. Herndon R.L., and Bonsangue, J.D., authors. 23 p. _____, 2002, Groundwater Quality Evaluation of Newport Mesa and Vicinity, 31 p.

PRISM Climate Group – Oregon State University, (PRISM), 2019, http://prism.oregonstate.edu/ explorer/, Accessed June 2020.

Geotechnical Consultants, Inc. (GCI), 1986 Summary of Operations, Construction of City of Orange Well No. 20, 15 p.

State Water Resources Control Board (SWRCB), 2022, GeoTracker, https://geotracker.waterboards.ca.gov/, accessed October 2022. 16 ATTACHMENTS

FIGURES
Figure 1 – Regional Site Location Map
Figure 2A & 2B – Park and Well Location Map
Figure 3 – Detailed Site Map
Figure 4 -- Generalized Stratigraphic Column Orange County Groundwater Figure 5 – Static Water Levels of City of Buena Park Wells Figure 6 – Pumping Water Levels Freeway Well
Figure 7 – Pumping Water Levels Linden Well
Figure 8 – Map of Potentially Contaminating Activities
Figure 9 – Preliminary Well Design Schematic
TABLES
Table 1 – Summary of City Park Locations
Table 2A – Summary of Available Historic Water Quality Data for Abandoned Wells Table 2B – Summary of Available Historic Water Quality Data for Existing Wells Table 3 – Aquifer System Nomenclature
Table 4 – Potential Depths and Thickness of Aquifer Units Table 5 – Summary of Available Water Well Construction Data Table 6 - Summary of Available Pumping Data for City Wells Table 7 – Preliminary Assessment of Pumping Rates And Pump Depth Setting Water Well Siting Feasibility Study
October 2022 Final Report

Page 15 ends

Appendix C
PowerPoint Presentation presented to Buena Park City Council on September 27, 2022.

WATER WELL SITING

FEASIBILITY STUDY
SEPT 27, 2022

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS • City and Regional Experience
• Relationship with OCWD
• Engineering & Operations
Experience (nearly 80 years)
• Relationship with OCWD,
MWDOC, and the City
• Since 1983
• City and Regional Experience
• Completed over 250 Well Feasibility
Studies and preliminary designs
• Extensive knowledge of OC
Groundwater Basin
• Strong Relationship with OCWD

CITY PUBLIC WORKS STAFF
• Engineering • Operations

INT INTRROO SUMM SUMMARARY Y NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS

1. Need for a new well

2. Process involved in siting a new well

3. Findings of Study

4. Recommendation

5. Questions

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS WHY IS A NEW WELL NEEDED?
Drought Impacts / Reliability
• OC in a constant drought, currently in a D2 “Severe Drought.” Additional well provides reliability when import supplies are not available.

Future Growth
• 10,000 new units in next 10 years. Additional Dwelling Units (ADUs) may also increase demand. (SB-9)
Reduce Reliance on Imported Water
• OCWD Agreement: City allowed to pump 100% groundwater. • Unable to pump 100% of demand with groundwater during summer months, forced to rely on more expensive import water to meet demand.

Cost Savings • Groundwater is approximately half the cost of import water.

Diverse Water Quality Source
• Additional well at a new location or depth, creates a new source of extraction with different water quality characteristics.

Maintenance and Operations
• All wells must be in service to meet demands in the summer months.

Additional well allows for well maintenance and redundancy in low demand periods.

Consistency and Commitments
• Water Master Plan, Urban Water Management Plan, General Plan, OCWD Agreement

INTINTRORO SUMMSUMMARY ARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS

STEPS WELL SITING PROCESS

1. Determine Well Design Goals Target annual/monthly volume, pumping rate, water quality goals

2. Well Site Considerations
Property availability/ownership, proximity to existing infrastructure, system hydraulics, future needs, aesthetic/public concerns

3. Hydrogeologic investigation
The “big picture” - regional considerations and impacts, migration trends of future contaminants, etc. Detailed investigation and analysis by Richard Slade and Associates. LLC.

4. Gather and Evaluate Data
Elogs, drillers logs, pump testing reports, current and historical water levels and pumping rates, water quality data and trends, etc.

5. Short List of Candidates Develop list of "top" sites from potential properties list

6. Orange County Water District (OCWD) Meet with OCWD for "peer review" opinion and support; discuss regional challenges and areas of concern

7. Final Recommendation(s) Analyze data and present recommended action

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS City Public Parks =
Existing City Well Sites = Blue Text
“Starting Point”

INT INTRROO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS • Thermal zone at north end of City should be avoided
• Lower elevations at south end of City present hydraulic challenges (e.g. Ball Well) • Western and southern portions of City predisposed to Manganese; central and western portions of City have been targeted in studies
• PFAS not currently an issue, but plume regionally seems to be migrating westerly. East side wells (e.g. Boisseranc and Linden ) will likely detect first, and can act as "indicator wells." • Center of City most desirable with respect to hydrogeology, hydraulics, water quality Hydrogeologic, Hydraulic and Water Quality
• Property Acquisition: City–owned property saves real estate costs and shortens design/construction schedule
• Accessibility to infrastructure: Hydraulic benefit and more cost effective Physical Improvements
“Address (water) system issues and be financially feasible.” Goal

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS Northern
Portion of City
HydroGeo
Summary
Favorable Condition = Green Text
Unfavorable Condition = Red Text

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS Southern
Portion of City
HydroGeo
Summary
Favorable Condition = Green Text
Unfavorable Condition = Red Text

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS FINDINGS & OCWD Meeting
• Support City’s goal of 100% Pumped
• Shared insights re: regional water quality
issues and concerns
• Provided regional data to confirm local data
and shortlist
• Concur with BRADY/RCS candidate shortlist
#1 Peak Park
#2 Boisseranc Park
#3 Freeway Well Site

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS New Well at
• Pros:
• City owned
• Acceptable Water Quality in vicinity
• Accessible Infrastructure
• Hydraulically beneficial
• Center of town
• Large site: conducive to future
and/or shared us needs
• Independent of existing wells
• Cons:
• No Existing Well Onsite
• Will Rely on Isolated Aquifer Zone
Testing Data from Pilot Borehole
• Environmental review/approval,
may impact schedule
• Pros:
• City owned
• Accessible Infrastructure
• Hydraulically beneficial
• Cons:
• Water Quality issues (Mn, future
PFAS)
• Water Level
Drawdown interference between
the two wells (Could inhibit
production capacity)
• East side of town - may be
impacted by PFAS before other
sites
• Pros
• City owned
• Expected acceptable Water
Quality
• Accessible Infrastructure
• Hydraulically beneficial
• Center of Town
• Cons
• Water Level Drawdown
interference between the
two wells (Could inhibit
production capacity)
• Very small site- limited future
use
•
2nd Well at Boisseranc Park 2nd Well at Freeway Well Site Candidate Short List
Peak Park

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS Peak Park Well Site
Pumping Capacity:
2500 Gallons Per Minute
Estimated Cost:
$6 Million
Est. Annual Cost Savings:
$650,000

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS Preliminary Estimated Costs
Well Design/Construction
Item Millions
Design/Support $0.5
Well Drilling $2.5
Outfitting / Piping / Materials $2.0
Building / Site Improvements $1.0
Estimated Cost $6.0

INTRO SUMMARY
Reservoir & Pump Station Design/Construction
Item Millions
Design/Support $0.5
Reservoir Construction $8.5
Pump Station $1.0
Estimated Cost $10.0

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS Next Steps

1. Finalize Well Siting Report

2. Site Feasibility Study / Predesign
• Hydraulic Model Analysis
• Refined Cost Analysis to Assess Optional Reservoir

3. Secure Funding

4. Design
• Prepare Bid Package and Technical Specifications for Drilling, Construction and Testing of new well.

5. Drilling, Construction & Testing of New Well
Q&A

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS

REFERENCE DATA
Park Well Onsite
Adjacent Water
Line
Diameter/Distance
(inches/ ft)
Geologic
Consideration
Water
Quality
Reference
Well
Casing
Depth
(ft bgs)
Depth to
Perforations
(ft bgs)
Current
Production
Rates
(gpm)
Earliest
Pumping
Data
(gpm)
Peak NO 12 / < 350 ft
Thicker Water
bearing Sediments
NA Freeway 1,026 260 990 4,280
San Marino NO 10 / > 1000 ft Thinner Water
Bearing Sediments
NA Holder 1,000 240 1,184 4,612
San Antonio NO 10 / > 1000 ft
Thinner Water
Bearing Sediments
NA Holder 1,000 240 1,184 4,612
Carl Brenner NO 10 / > 1000 ft
Thinner Water
Bearing Sediments
NA Freeway 1,026 260 990 4,280
Boisseranc Yes 16 / within park
Thicker Water
bearing Sediments
Mn &
Future

PFOS/PFAS
Boisseranc 1,375 475 2,500 4,000
SmithMurphey
Yes 12 / within park
Warm Water
(Geothermal
Activity)
Color
Smith
Murphey
1,038 308 805 3,500
George Bellis NO 12 & 10 / < 50 ft
Thinner Water
Bearing Sediments
Mn Knott 1,000 240 1,240 4,290
Hydrogeologic Data Summary

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS Major City Water
Distribution Pipelines

INTRO SUMMARY NEED PROCESS FINDINGS RECOMMENDATION QUESTIONS Appendix E
Documentation of the City of Buena Park Water System Hydraulic Model 1 Documentation of the City of Burna Park Water Distribution System Hydraulic Model Stetson Engineers Inc.
9/22/2024
The purpose of this technical memorandum is to document the hydraulic model development and calibration for the City of Buena Park water distribution system. The modeling program used for the model development is Autodesk/Innovyze’s InfoWater Pro software (Innovyze was acquired by Autodesk in 2021). The developed model is an extended period simulation (EPS) model.

A reliable hydraulic model is a useful tool to ensure that demands are adequately met both quantitatively and geographically. A primary function of the model is to confirm that the production locations and output quantities are capable of meeting the demands throughout the distribution system and that pumping, storage, and piping is hydraulically sufficient to move water to where the water demand is located.

A hydraulic model is judged reliable if it meets the following criteria:
• Accurate representation of the physical water distribution system, especially facility sizes, facility connections, pump curves and operational settings (ON/OFF criteria), pressure regulating valve settings, regular valve status settings (OPEN/CLOSE), and node elevations.
• Accurate water demand allocation, especially for large water users. • Well-performed hydraulic model calibration.

This model documentation focuses on the following elements:
• Facilities (pipelines, wells, storage tanks, booster pumps, and MWD connections for imported water);
• Pressure regulating valves and settings;
• Pump curves;
• Water demand allocation; and
• Model calibration.

1. Facilities
The City’s distribution system includes an array of water infrastructure facilities, including eight (8) groundwater wells, one storage reservoir (Rosecrans Reservoir), one booster pump station (Rosecrans Booster Station), four (4) MWD connections for imported water, thirteen (13) pressure regulating stations, and water main pipelines. These facilities are located throughout the distribution system to move and store water in order to serve the system’s water demands in the system. Figure 1 shows the existing water system facilities and pressure zones.

To accommodate the variations in the service area elevations, the City’s water system consists of five (5) primary pressure zones, one (1) open pressure zone (Zone 1-241 or Lower Zone) and four 2 (4) closed pressure zones (Zones 2-385, 3a-325, 3b-285, and 3c-262, which are collectively referred to as the Upper Zones). The boundaries of the pressure zones are illustrated on Figure 1.

The pressure zone number represents the targeted hydraulic grade in feet (i.e., the sum of the pressure head and elevation head). For example, Zone 1-241 represents that the target hydraulic grade in Zone 1 (Lower Zone) is 241 feet.

The developed hydraulic model includes all individual wells, storage tanks, booster pumps, MWD connections for imported water, and pressure regulating stations. The model also uses the facilities’ names consistent with the names documented in Chapter 3 (Existing Water System) of the 2024 Water System Master Plan report (see also the names shown in Figure 1 and provided in Tables 1, 2, 3, 4, and 5).

Pipelines
The City’s existing water main Geographic Information Systems (GIS) layer (provided by the City on January 31, 2024) consists of approximately 239.44 miles of pipelines, of which 220.66 miles are active water mains owned by the City, 13.95 miles are abandoned, 4.16 miles are owned by MWD, and 0.67 mile is owned by the Suburban Water Systems.

Of the 220.66 miles of active water mains owned by the City, the sizes of about 1.8 percent of the pipes are not known, the materials of about 2.2 percent of the pipes are not known, and the installation dates of about 13.1 percent of the pipes are not known. Figure 2 shows the locations of pipelines with unknown sizes, materials, and/or ages based on the City’s existing GIS database.

The City’s existing water main inventory was first updated by locating the water mains with unknown sizes/materials/ages and filling these data gaps.

The updated GIS database for the active water mains included the following additional attribute columns to indicate the updates/edits:
• MAT_Update – “y” if material was missing and was updated. • DIA_Upate – “y” if diameter was missing and was updated. • YR_Update – “y” if installation year was missing and was updated.

The missing data gaps were filled mainly based on materials, diameters, and/or installation dates of similar pipes in the immediate vicinity. In some cases the as-built drawings were used to fill the data gaps. The filled data were then checked to determine if appropriate data was attributed to the pipes (including whether appropriate material was generally used for a given installation year or whether the pipeline diameter was appropriate for the material.) The updated GIS database was used for the distribution system hydraulic model development.

Wells
Groundwater wells are modeled as “reservoirs” in the updated hydraulic model (“Reservoir” is an element in the modeling program representing an unlimited supply of water. In this case, the groundwater at a well is assumed to be an unlimited supply with a specified groundwater level). 3 Table 1 provides an overview of the City’s existing wells, design and available capacities, ground elevations, and pumping groundwater levels. The groundwater depth data in the recent SCE energy efficiency pump tests and the ground elevation data were used to derive the pumping groundwater levels used in the model.

The recent SCE energy efficiency pump tests data were used to develop the well pump curves.

As shown in Figure 1, all the groundwater wells except the Smith-Murphy Well are located in the Lower Zone 1-241 and are the primary source of water for the Lower Zone. Although the SmithMurphy Well is located in the Zone 3b-285, this well has no direct connections with the Upper Zones. The Smith-Murphy Well discharge line connects with the dedicated 36-inch transmission line from the Rosecrans Reservoir to the Lower Zone. Through this connection, the Smith-Murphy Well is able to serve the Lower Zone 1-241 and also able to provide a source of water supply for the Rosecrans Reservoir under certain hydraulic conditions. The Smith-Murphy Well has high water temperature (approximately 78°F) in addition to sanding issues in the past. The sanding issue was found to be directly related to holes that developed in the well casing. A thin layer (a few millimeters in depth at most) of silt on the floor of the Rosecrans Reservoir was observed throughout the reservoir. The source of this very fine silt/sand is believed to be from the SmithMurphy Well which was known to pump sand in the past. The Smith-Murphy Well was recently relined and therefore, the City does not foresee any issues with sanding at this well in the future.

In general, the City primarily pumps water from the Boisseranc, Linden, and Holder Wells. The Smith-Murphy and Ball wells are typically operated during high demand periods or in an emergency. The City’s remaining wells are automatically operated via SCADA based on water levels at the Rosecrans Reservoir. Wells located at a lower ground elevation are operated first when reservoir water levels are low, and wells located at a higher ground elevation are the first to be shut off when reservoir water levels are high.

Below is a summary of general operating rules for the City’s wells:
• Typically, the City operates the Linden Well or Boisseranc Well as the primary water supply source to Zone 1-241.
• Both the Linden and Boisseranc Wells are usually running full time. • The Caballero Well is set to turn on when Rosecrans Reservoir level falls below 19.5 feet and turn off when the reservoir level exceeds 25.0 feet. • The Holder Well is set to turn on when Rosecrans Reservoir level falls below 19.0 feet and turn off when the reservoir level exceeds 24.5 feet.
• The Freeway Well is set to turn on when Rosecrans Reservoir level falls below 18.5 feet and turn off when the reservoir level exceeds 24.0 feet. • The Knott Well is set to turn on when Rosecrans Reservoir level falls below 18.0 feet and turn off when the reservoir level exceeds 23.5 feet.
• The Smith-Murphy Well is not used under normal system demand conditions because the well produces naturally warm water (approximately 78 °F). The water is mineralized which appears to reduce chlorine levels in the City's distribution system. • The City does not typically operate the Ball Well under normal system demand conditions because the well pump must operate at low efficiency in order to reduce output enough to maintain appropriate system pressures. The City operates the Ball Well during high demand periods or in an emergency.

Table 1 Active Groundwater Wells Data
Well Name Location Year
Drilled
Year
Rehabili
tated
Ground
Elevation
(ft MSL)
Total
Depth
(ft)
Screen Interval (ft)
Hydropn
-eumatic
Tank
(Y/N)
Design
Capacity
(gpm)
Current
Available
Capacity
(gpm)
Static
GW
Depth
(ft)
Pumping
GW
Depth
(ft)
HP
Ball*
6000 Ball Rd
(Larwin Park) 1995 - 50 870 260 to 870 N 3,000 2,681
(1,250) 37.6 103.4 350
Boisseranc 7520 Dale St
(Boisseranc Park)
1995 2022 89 1,375
475 to 495; 505 to 520;
635 to 665; 675 to 695;
770 to 810; 845 to 875;
940 to 970; 1,010 to
1,090; 1,100 to 1,120;
1,130 to 1,150; 1,205 to
1,275; and 1,325 to 1,355
N 3,000 2,406 143.2 350
Caballero
6490 Caballero Blvd
(Buena Park
Navigation Center)
1964 - 58 1,020 260 to 1,020 Y 1,500 1,688 54.5 149.7 200 Freeway
(Northwest
Intersection of 91
Fwy and Knott Ave)
1964 - 68 1,000 260 to 1,000 Y 1,500 950 68.4 191.5 200 Holder 9120 Holder St 1964 - 57 1,000 250 to 1,000 Y 1,500 1,237 53.2 170.1 150 Knott
(Southwest
Intersection of 8th St
and Knott Ave)
1964 - 62 1,000 260 to 1,000 Y 1,500 1,302 57.5 137.5 200 Linden 8246 Linden Circle 2005 2019 86 1,220
470 to 495; 505 to 525;
775 to 790; 815 to 830;
905 to 925; 960 to 995;
1,075 to 1,090; 1,155 to
1,165; and 1,185 to 1,200
N 3,000 2,625 159.2 350
SmithMurphy
5290 Cameron Dr
(Friendship Park)
1978 2019 114 1,038 308 to 1,038 Y 2,000 847 40.7 77.7 150 Notes:
* The Ball Well was constructed in 1995 and had a design capacity of 3,000 gpm. This well currently is capable of producing approximately 2,681 gpm based on the 2024 SCE pump test. However, the well pump is oversized, and a variable frequency drive (VFD) is used/forced to ramp down pump speed and production to about 1,200 – 1,300 gpm in order to avoid over pressurizing the system in the immediate vicinity of the well. The 1,250 gpm in the parentheses represents the actual operating capacity of the Ball Well. • Well locations based on Well Completion Reports and Orange County GIS Open Data Portal (https://www.ocgis.com/ocpw/landrecords/). • Year drilled, depth, and screened interval information obtained from Well Completion Reports. • Current capacity, static GW depth, and pumping GW depth based on SCE energy efficiency tests conducted between January 2024 and February 2024. 5 Storage Reservoirs
The City’s water system has one storage reservoir, the Rosecrans Reservoir. This reservoir is located north of Rosecrans Avenue, east of Beach Boulevard. It is a buried concrete reservoir that was constructed in 1964. The reservoir has an operating capacity of 20.0 million gallons (MG) and provides water by gravity directly to the Lower Zone 1-241 via a dedicated 36-inch transmission pipeline. It also provides suction to the Rosecrans Booster Pump Station which can pump water from the reservoir into the Upper Zones. The water source of the reservoir is mainly from the imported water connection OC-25. The Simth-Murphy Well also provides a source of water supply for the reservoir under certain hydraulic conditions.

Per the original construction plans, the reservoir is 25 feet in height and is rectangular with dimensions of 458 feet long by 278 feet wide in the top portion. The bottom portion is trapezoidal.

At its lowest point, the bottom elevation is 218 feet. The high water level is set at 241 feet.

The Rosecrans Reservoir is modeled as a trapezoidal “tank” (“Tank” is an element in the modeling program with specified dimensions). Table 2 below is a summary of the City’s existing water storage reservoir.

Table 2 Storage Reservoir
Storage
Tank Name
Tank
Material
Operating
Capacity
(MG)
Construction
Year
Gravity/
Pumped?
Ground
Elevation
(ft-msl)
Size
Tank
Height
(ft)
Overflow
Height
(ft)
Rosecrans
Reservoir Concrete 20.0 1964
Gravity to
Lower Zone;
Pumped to
Upper Zones
243 458' x 278' 25 22.83
Booster Pumps
The City’s water system includes one booster pump station, the Rosecrans Booster Station. This booster station takes suction from the Rosecrans Reservoir and provides water to the Upper Zones as needed. This booster station was upgraded in 2019.

The Rosecrans Booster Station has five (5) booster pumps. Details of the Rosecrans Booster Station pumps are summarized in Table 3. This booster station has a combined design capacity of 8,500 gpm and a combined available capacity of 7,371 gpm based on SCE energy efficiency pump tests conducted on May 24, 2022.

The recent SCE energy efficiency pump test data were used to develop the pump curves. 6 The City typically operates either Booster 2 or Booster 3 for a capacity of about 1,000 gpm. If additional capacity is required, the City operates Booster 1 (500 gpm) for a total capacity of about 1,500 gpm. If further capacity is required, the City operates the remaining Booster 2 or Booster 3 for a total capacity of 2,500 gpm.

Boosters 4 and 5 are used only for fire flow purposes. Because both of these booster pumps each have a capacity of about 3,000 gpm, there is no need for Booster 4 and Booster 5 to run at the same time. Therefore, the maximum discharge needed from the Booster Station is about 5,000 gpm.

Table 3 Booster Stations
Booster
Name Type Power (HP)
Year
Installed/
Replaced
Design
Capacity
(gpm)
Available
Capacity
(gpm)
Ground
Elevation
(ft-msl)
Water
Source
Area
Served
Rosecrans Booster Station
Booster 1 VT 30 2019 500 459
235 Rosecrans
Reservoir
Upper
Zones
Booster 2 VT 50 2019 1,000 961
Booster 3 VT 50 2019 1,000 897
Booster 4 VT 150 2019 3,000 2,557
Booster 5 VT 150 2019 3,000 2,497
Total 8,500 7,371
Note: The available capacity is based on the 5/24/2022 SCE pump test.

MWD Connections for Imported Water
The City maintains four (4) MWD connections for imported water (OC-16, OC-24, OC-25, and OC-31). The locations and details of these connections are provided in Table 4. Each connection can be controlled via output flow or pressure. Table 4 describes the primary control mode for each connection. Each connection also has a 6-inch pressure relief valve. The MWD pressure is about 200 psi and the City pressure is about 80 to 90 psi after the pressure relief valve.

The capacities of the four MWD connections are 15 cfs (6,732 gpm), 4 cfs (1,795 gpm), 15 cfs (6,732 gpm), and 10 cfs (4,488 gpm), respectively, with a combined total capacity of 44 cfs or 19,749 gpm.

The OC-25 connection is the primary source of water for the City’s Upper Zones (Zone 2-385, 3a325, 3b-285, and 3c-262) and can supply water to the Rosecrans Reservoir. The Upper Zones are closed zones and the control at OC-25 is manually regulated. The remaining imported water connections are maintained as additional sources of water for the Lower Zone 1-241. The City’s wells are the primary source of water for the Lower Zone. 7 Table 4 MWD Connections for Imported Water
MWD No. Location Area Served Capacity
(cfs)
Capacity
(gpm)
Primary Control
Type
OC-16 Crescent Ave. & Dale St. Zone 1-241 15 6,732
Pressure
Reducing and
Manual (Flow)
OC-24 Artesia Blvd. & Dale St. Zone 1-241 4 1,795
Pressure
Reducing and
Manual (Flow)
OC-25 Lincolnshire Ave. & St.

Andrews Ave.

Zone 2-385
Zone 3a-325
Zone 3b-285
Zone 3c-262
15 6,732
Pressure
Reducing and
Rate of Flow
Control
OC-31 Kass Dr. & Dale St. Zone 1-241 10 4,488
Pressure
Reducing and
Manual (Flow)
Total 44 19,749
Pressure Regulating Stations
Pressure regulating stations allow distribution systems to transfer water from higher pressure zones to lower pressure zones without exceeding the allowable pressures in the lower zones.

The City’s system includes thirteen (13) pressure regulating stations (PRS) that convey water from a higher pressure zone to lower pressure zone. All stations are a combination of pressure reducing and pressure sustaining valves. The pressure sustaining valve establishes a minimum pressure on the upstream side of the PRS. The pressure reducing valve establishes a maximum pressure on the downstream side of the PRS. Some of the PRS have a second valve that allows more flexibility in matching the demands of the lower zone. The details of each PRS are shown in Table 5.

Zone 3a-325 is provided with water via PRS 1, 2, 4, 5, and 6, which also act as pressure relief for Zone 2-385. Zone 3b-285 is provided with water via PRS 3, 7, 8, 9, 10, 11, and 13, which also act as pressure relief from Zone 3a-325. Zone 3c-262 is provided with water via PRS 12. 8 Table 5 List of Pressure Regulating Stations
PRS
ID Location Upstream Zone
Downstream
Zone
Valve
Size
Second
Valve
Size
Upstream
Pressure
Setting
(psi)
Downstream
Pressure
Setting (psi)
1 Los Coyotes & Buena
Tierra 2-385 3a-325 6" 2” 86 60
2 8371 Bonnie Brae 2-385 3a-325 4" 2” 85 60
3 4706 St. Andrews 3a-325 3b-285 6" 2” 85 67
4 8431 Ridglea @ Sunny
Brook 2-385 3a-325 4" 2” 86 62
5 4943 St. Andrews 2-385 3a-325 4" 2” 90 65
6 8790 Los Coyotes 2-385 3a-325 8” 2” 90 61
7 5131 Fox Hills @
Ridglea 3a-325 3b-285 6” - 86 71
8 8371 Country Club 3a-325 3b-285 6" - 80 63
9 8521 Deepdale 3a-325 3b-285 6" - 83 65
10 8521 Deepdale 3a-325 3b-285 6" 2” 84 65
11 5351 Emerywood 3a-325 3b-285 6" - 80 61
12 Malvern & Beach 3b-285 3c-262 8" - 90 74
13 5651 Rockledge 3a-325 3b-285 4" 2” 85 74
9 2. Water Demand Allocation
The consumption of water is the driving force behind the hydraulic dynamics occurring in water distribution systems. When simulating these dynamics in a water distribution system model, an accurate representation of the system’s water demands is as critical as precisely modeling the physical components of the system.

The City did not have geocoded water meter data. Stetson used the land use-based method to allocate water demand to the model nodes. The land use-based method was first utilized to estimate water demand for each parcel, the Closest Pipe method was then used to allocate the estimate water demand from each parcel to the model nodes. The Closest Pipe method assigns the water demand data to the closest pipe, and then distributes this data to the model nodes on the pipe by utilizing a distribution/combination strategy (see the example below, the black dot represents the estimated demand from an individual parcel).

The Closest Pipe method is proven to be more accurate than the Closest Junction method. In the Closest Junction method, the closest model node is determined by straight-line proximity between the demand node and the consumption meter. Piping routes are not considered, so the closest demand node may not be the location from which the meter actually receives its flow.

Prior to the demand allocation, the top 25 water users were identified and assigned separately to their respective closest nodes. The remaining demands were then allocated using the demand allocation method described above. Figure 3 shows the locations of the top 25 water users with a table insert showing the information for these top 25 water users in the system.

Development of Water Demand Factors for the Land Use-Based Method A water demand factor (WDF) is defined as the estimated amount of water usage per dwelling unit for residential land uses or per area for non-residential land uses. WDFs are typically expressed in gallons per day per DU (gpd/DU) or per acre (gpd/ac). These factors are normally used to estimate the ADD for planned developments by multiplying the WDF with the total number of dwelling units for residential land use or the total number of acres for a non-residential land use category. 10 WDFs were developed using the year 2023 water consumption data and the General Plan land use data within the City’s service area.

Based on the examination of the land use types in the City’s service area and the water consumption category data (see Table 6 below), WDFs were estimated for the following land use categories:
• single-family residential;
• multi-family residential;
• commercial/institutional;
• industrial; and
• landscape irrigation.

Existing vacant lands were identified and excluded from the WDF estimation.

Table 6 Historical Annual Consumption of Potable Water (AFY) Year
SingleFamily
Residential
MultiFamily
Residential
Commercial/
Institutional Industrial Landscape Irrigation Other Total 2012 6,300 2,122 3,695 261 1,186 37 13,601
2013 6,385 2,161 3,600 214 1,241 35 13,636
2014 6,332 2,172 3,771 193 1,235 33 13,736
2015 5,063 1,900 3,491 0 790 35 11,279
2016 4,931 1,871 3,265 0 824 0 10,891
2017 5,333 1,865 3,439 0 988 0 11,625
2018 6,213 1,893 3,583 0 1,103 7 12,799
2019 5,601 2,181 4,300 0 1,124 0 13,206
2020 5,850 2,020 3,244 0 1,094 7 12,215
2021 5,717 1,935 3,489 0 1,154 4 12,299
2022 5,335 1,857 3,384 0 1,100 8 11,684
2023 4,840 1,699 3,031 0 890 6 10,465
Avg 5,658 1,973 3,524 56 1,061 14 12,286
11 To estimate the WDF for the multi-family residential, there is a need to estimate the existing number of multi-family residential units in the City’s service area. Based on information developed by the Southern California Association of Governments (SCAG), the following assumptions were used to estimate the existing number of multi-family residential units in the City’s service area:
• Mobile Homes and Trailer Parks: 6 units per acre (SCAG range: 6). • Multi-Family Residential 1 (Mid Rise): 14 units per acre (SCAG range: 10 to 18). • Multi-Family Residential 2 (High Rise): 20 units per acre (SCAG range: 19 or more).

The City’s service area has 103 acres of mobile homes and trailer parks, 34 acres of mid-rise multifamily residential buildings, and 297 acres of high-rise multi-family residential buildings. Based on the above assumptions, the total existing number of multi-family residential units is estimated to be 7,042 units. The 2020 UWMP estimated that the total number of non-single family residential units was 10,704, including duplex, triplex, apartment, condo, townhouse, mobile home, as well as yachts, houseboats, recreational vehicles, and vans if they are primary place of residence. This indicates that the estimated existing 7,042 multi-family residential units is reasonable.

The estimated WDFs are presented in Table 7. The last column in Table 7 represents the WDFs after excluding the top 25 water users. These WDFs were used to allocate the water demand beyond the top 25 water users. The total allocated water demand based on these WDFs and the top 25 water users is 6,286 gpm, which is close to the average day water consumption in 2023 (6,488 gpm or 10,465 AFY). This allocated water demand was then scaled up by 1.14 for each demand node, so that the total base demand (ADD) in the model matches the annual water supply in 2023 (11,618 AFY or 7,203 gpm; see Table 8).

Note that the land use data shows that the City’s service area has 16,078 single-family residential parcels (see Table 7). This number is a little smaller than the existing total number of single-family residential connections (16,865). The reason for this is that some single-family parcels may have two or more connections.
12 Table 7 Water Demand Factors Estimated Based on the 2023 Data Land Use Type
Number of Dwelling
Units (Residential)
or acreage (NonResidential)
2023
Water Use
(AFY)
Calculated WDF
Calculated
WDF after
Excluding the
25 Top Users
Single-Family
Residential 16,078 DU 4,840 269 gpd/DU 0.19 gpm/DU 0.19 gpm/DU Multi-Family
Residential 7,042 DU 1,699 215 gpd/DU 0.15 gpm/DU 0.14 gpm/DU Commercial/
Institutional 1,156 ac 3,031 2,341 gpd/ac 1.63 gpm/ac 1.48 gpm/ac Industrial 531 ac 0 - - -
Landscape
Irrigation 393 ac 890 2,021 gpd/ac 1.40 gpm/ac 0.76 gpm/ac Table 8 Historical Annual Supply of Potable Water (AFY) Calendar
Year
Pumped
Groundwater
Purchased
Water Total
2012 8,875 5,670 14,545
2013 11,270 4,033 15,303
2014 12,149 2,393 14,542
2015 10,007 2,314 12,321
2016 11,064 1,065 12,129
2017 9,051 3,976 13,027
2018 11,226 2,306 13,532
2019 8,346 4,526 12,872
2020 11,909 1,254 13,163
2021 11,221 1,896 13,117
2022 11,503 1,423 12,926
2023 10,787 831 11,618
Avg 10,617 2,641 13,258
Avg (%) 80.1% 19.9% 100.0%
13 3. Model Calibration
The City conducted fire flow tests at various hydrant locations in both summer months and winter months for multiple years within the service area. Figure 4 shows the fire flow test locations and observed static pressures since 2019 when the Rosecrans Booster Station was upgraded. Since summer months and winter months have very different water demands, the model calibration to the observed static pressures was conducted for the summer months and the winter months separately. It was assumed that the measured static pressures in the summer months represent the maximum day demand (MDD) condition and the measured static pressures in the winter months represent the average day demand (ADD) condition.

Figures 5 and 6 show the model calibration results of static pressures at the fire hydrant measurement locations in the winter ADD and the summer MDD conditions, respectively. Figure 7 shows the overall “goodness of fit” of the calibration results. The results demonstrate that the model was satisfactorily calibrated and can be used for scenarios simulations. The results also indicate that the calibration for the winter ADD condition has a better match than that for the summer MDD condition. This may be related to the less well-defined operating facilities during the summer high demand conditions.

City of Anaheim served
by City of Buena Park
City of Buena
Park served by
City of Fullerton
City of Buena
Park served by
City of Anaheim
City of Buena Park
served by Suburban
Water Systems
City of La Mirada
served by City
of Buena Park
City of Buena Park
served by Suburban
Water Systems
Zone 1-241
Zone
3c-262
Zone 2-385
Zone 3b-285
Zone 3a-325
Los
Angeles County
Orange County
Boisseranc Well
Linden Well
Smith-Murphy Well
Holder Well
Knott Well
Ball Well
Freeway Well
Caballero Well
OC-16
OC-31
OC-24
OC-25
PRS2
PRS1
PRS4
PRS5
PRS6
PRS3
PRS7 PRS8
PRS9 PRS10
PRS11
PRS13
PRS12
Rosecrans Reservoir
Rosecrans Booster Pump Station
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: SystemFacilities

EXISTING FACILITIES AND PRESSURE ZONES

CITY OF BUENA PARK, CA
0 0.5 1
Miles
Booster Pump Station
Pressure Regulating Station
Reservoir
Imported Water Connection
Emergency Interconnection
Well
City Border
Service Area Boundary
County Boundary
Served by Buena Park
Served by Another Agency
Pressure Zones
Zone 1-241
Zone 2-385
Zone 3a-325
Zone 3b-285
Zone 3c-262
Ü
Figure 1
City of Anaheim served
by City of Buena Park
City of Buena
Park served by
City of Fullerton
City of Buena
Park served by
City of Anaheim
City of Buena Park
served by Suburban
Water Systems
City of La Mirada
served by City
of Buena Park
City of Buena Park
served by Suburban
Water Systems
Los
Angeles County
Orange County
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: PipeAgeMatSize

LOCATIONS OF ACTIVE WATER MAINS

WITH UNKNOWN SIZE, MATERIAL, OR AGE

IN THE CITY'S GIS DATABASE
CITY OF BUENA PARK, CA 0 0.5 1
Miles
Unknown Material
Unknown Diameter
Unknown Age
Water Line
City Border
Served by Buena Park
Served by Another
Agency
Service Area
Boundary
County Boundary
Pressure Zones
Zone 1-241
Zone 2-385
Zone 3a-325
Zone 3b-285
Zone 3c-262
Ü
Figure 2
City of Anaheim served
by City of Buena Park
City of Buena
Park served by
City of Fullerton
City of Buena
Park served by
City of Anaheim
City of Buena Park
served by Suburban
Water Systems
City of La Mirada
served by City
of Buena Park
City of Buena Park
served by Suburban
Water Systems
Los Angeles
County
Orange C
ounty
(4) Pepsi Cola Bottling Co
(3) Ameripec, Inc
(1) Los Coyotes Country Club, Amer
(5) Ameripec, Inc
(7) Ameripec, Inc
(6) The Realty Associates Fund, X
(2) Los Coyotes Country Club, Amer
(8) Accounts Payable AC, KNO
(11) Awesome Products Inc
(10) Corru-Kraft C/O A/P
(9) Lakeside Master Association
(13) Ho, Vinchin
(12) Dominion International Inc.
(14) 116320875810, City
(15) Service Order #0144 Order, COU
(17) JR Enterprises
(16) Uniwell Corporation
(19) C/O Hong Soo Han, HP Tower Inc.
(20) Wildewater Express Car Wash
(23) DBA Mc Comber Apartments,R J
(22) DBA Mc Comber Apartments, R J
(18) Los Coyotes Country Club, Amer
(21) B P School
(24) DBA Mc Comber Apartments,R J
(25) Club Apartments + Rental,COUN
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: Top25Users

TOP WATER USERS

CITY OF BUENA PARK, CA
0 0.5 1
Miles
Top 25 Water User
Water Main
City Border
Service Area Boundary
County Boundary
Ü
Site No. Customer Address Ave. Cons. (GPD)
1 Los Coyotes Country Club, Amer 8888 Los Coyotes #1 170,852 2 Los Coyotes Country Club, Amer 8888 Hillcrest #3 121,097 3 Ameripec, Inc 6965 Aragon # 3 98,508
4 Pepsi Cola Bottling Co 6261 Caballero 98,251
5 Ameripec, Inc 6965 Aragon # 5 51,975
6 The Realty Associates Fund, X 6535 Caballero #14 46,499 7 Ameripec, Inc 6965 Aragon # 1 41,602
8 Accounts Payable AC, KNO 7675 Crescent 32,303
9 Lakeside Master Association 2 Lakeside #4 31,141
10 Corru-Kraft C/O A/P 6600 Valley View 25,910
11 Awesome Products Inc 6370 Altura #1 25,683
12 Dominion International Inc. 7828 Orangethorpe 25,334 Site No. Customer Address Ave. Cons. (GPD)
13 Ho, Vinchin 8575 Knott #1 23,354
14 116320875810, City 7225 El Dorado 22,601
15 Service Order #0144 Order, COU 8800 Rosecrans 19,138 16 Uniwell Corporation 7000 Beach #2 18,858
17 JR Enterprises 6741 Lincoln 18,437
18 Los Coyotes Country Club, Amer 8888 Hillcrest #3 18,377 19 C/O Hong Soo Han, HP Tower Inc. 4560 Beach 17,801
20 Wildewater Express Car Wash 7995 Knott 17,759
21 B P School 8201 Country Clb 12,866
22 DBA Mc Comber Apartments, R J 5602 River 8,548
23 DBA Mc Comber Apartments,R J 5520 Cascade 8,042
24 DBA Mc Comber Apartments,R J 5325 Falls 7,296
25 Club Apartments + Rental,COUN 5295 Cameron #1 5,877
Figure 3
Los
Angeles County
Orange County
70 71
72 70
76 78
75 67
72 76
67 70
64 70
58 75
73 80
69 68
80 75
73 75 72
72 67
71 65
70 65
72 77
68 78
90 76
78 70
80 67
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: FireFlowTestSites FIRE FLOW TEST SITES (2019-2023)

AND OBSERVED STATIC PRESSURES (PSI)

CITY OF BUENA PARK, CA
0 0.5 1
Miles
Fire Flow Site Test Dates
2019
2020
2021
2023
Water Main
City Border
Service Area Boundary
County Boundary
Ü
Figure 4
Los Angeles County
Orange County
Observed: 80 psi
Simulated: 78 psi
Observed: 71 psi
Simulated: 68 psi
Observed: 80 psi
Simulated: 75 psi
Observed: 75 psi
Simulated: 77 psi
Observed: 67 psi
Simulated: 66 psi
Observed: 70 psi
Simulated: 70 psi
Observed: 73 psi
Simulated: 76 psi
Observed: 70 psi
Simulated: 68 psi
Observed: 69 psi
Simulated: 69 psi
Observed: 68 psi
Simulated: 69 psi
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: Calibration_ADD_Winter

HYDRAULIC MODEL CALIBRATION

WINTER ADD

CITY OF BUENA PARK, CA
0 0.5 1
Miles
Calibration Node
Water Main
City Border
Service Area Boundary
County Boundary
Ü
Figure 5
Los Angeles County
Orange County
Observed: 90 psi
Simulated: 71 psi
Observed: 76 psi
Simulated: 70 psi
Observed: 75 psi
Simulated: 61 psi
Observed: 65 psi
Simulated: 63 psi
Observed: 66 psi
Simulated: 66 psi
Observed: 72 psi
Simulated: 67 psi
Observed: 67 psi
Simulated: 65 psi
Observed: 70 psi
Simulated: 65 psi
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: Calibration_MDD_Summer

HYDRAULIC MODEL CALIBRATION

SUMMER MDD

CITY OF BUENA PARK, CA
0 0.5 1
Miles
Calibration Node
Water Main
City Border
Service Area Boundary
County Boundary
Ü
Figure 6
40 50
60 70
80 90
100
40 50 60 70 80 90 100
Simulated Pressure (psi)
Observed Pressure (psi)
Figure 7 Goodness of Fit of the Model Calibration Results in Static Pressures Summer Data
Winter Data
1:1 line
Appendix F
Pipe Slopes and Pipes Close to Key Water Sources, Critical Buildings/Customers, Major Roads, Freeways, Railroads, and Environmental Sensitive Lands/Parks City of Anaheim served
by City of Buena Park
City of Buena
Park served by
City of Fullerton
City of Buena
Park served by
City of Anaheim
City of Buena Park
served by Suburban
Water Systems
City of La Mirada
served by City
of Buena Park
City of Buena Park
served by Suburban
Water Systems
Los
Angeles County
Orange County
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: PrioritySetting_Slope PRIORITY SETTING: EXTREME SLOPE

CITY OF BUENA PARK, CA
0 0.5 1
Miles
<10% Slope
>10% Slope
City Border
Service Area Boundary
County Boundary
Ü
City of Anaheim served
by City of Buena Park
City of Buena
Park served by
City of Fullerton
City of Buena
Park served by
City of Anaheim
City of Buena Park
served by Suburban
Water Systems
City of La Mirada
served by City
of Buena Park
City of Buena Park
served by Suburban
Water Systems
Los
Angeles County
Orange County
Boisseranc Well
Linden Well
Smith-Murphy Well
Holder Well
Knott Well
Ball Well
Freeway Well
Caballero Well
OC-16
OC-31
OC-24
OC-25
Rosecrans Reservoir
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: PrioritySetting_WaterSource PRIORITY SETTING: KEY WATER SOURCE PIPE SEGMENT

CITY OF BUENA PARK, CA
0 0.5 1
Miles
Imported Water Connection
Reservoir
Well
Water Main
Key Pipe Segment
City Border
Service Area Boundary
County Boundary
Ü
City of Anaheim served
by City of Buena Park
City of Buena
Park served by
City of Fullerton
City of Buena
Park served by
City of Anaheim
City of Buena Park
served by Suburban
Water Systems
City of La Mirada
served by City
of Buena Park
City of Buena Park
served by Suburban
Water Systems
Los
Angeles County
Orange County
Buena Park
High School
Buena Park
Mall Shopping
Center Buena Terra
Elementary
School
Centralia Elementary
School
Crescent Junior High
School
Elizabeth Dickerson
Elementary School
Charles G Emery
Elementary School
Carl E Gilbert
Elementary School
Grand
Avenue
School
Holder
School
La Palma
Junior
High School
Lindbergh
School
McComber
School
Oro
Grande
School
Mabel L
Pendleton Elementary
School
San Marino
Elementary
School
James A
Whitaker Elementary
School
KBPK-FM (Buena Park)
Centralia School
(historical)
Anaheim General
Hospital Buena Park
Campus (historical)
Gordon H Beatty
Elementary School
Arthur F Corey
Elementary
School
Nexus Town Center
Shopping Center
Orange County
Community
Hospital
Buena Park
Town Center
Shopping Center
Los
Coyotes Shopping
Center McComber
Shopping
Center
Orange County
Fire Authority
Station 61
Orange County Fire
Authority Station 63
Gilbert
High
School-West
Hope Trainable
Mentally Retarded School
City of Buena Park
Orange County Fire
Authority Station 62
Buena Park Police
Department
Buena
Park Post Office
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: PrioritySetting_CriticalBuildings PRIORITY SETTING: PROXIMITY TO CRITICAL BUILDINGS

CITY OF BUENA PARK, CA
0 0.5 1
Miles
Critical Building
Water Main
Water Main within 250ft
City Border
Service Area Boundary
County Boundary
Ü
City of Anaheim served
by City of Buena Park
City of Buena
Park served by
City of Fullerton
City of Buena
Park served by
City of Anaheim
City of Buena Park
served by Suburban
Water Systems
City of La Mirada
served by City
of Buena Park
City of Buena Park
served by Suburban
Water Systems
Los
Angeles County
Orange County
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: PrioritySetting_MajRoad PRIORITY SETTING: PROXIMITY TO FREEWAY

CITY OF BUENA PARK, CA
0 0.5 1
Miles
Water Main
Water Main within 25ft
Freeway
City Border
Service Area Boundary
County Boundary
Ü
City of Anaheim served
by City of Buena Park
City of Buena
Park served by
City of Fullerton
City of Buena
Park served by
City of Anaheim
City of Buena Park
served by Suburban
Water Systems
City of La Mirada
served by City
of Buena Park
City of Buena Park
served by Suburban
Water Systems
Los
Angeles County
Orange County
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: PrioritySetting_Railroad PRIORITY SETTING: PROXIMITY TO RAILROAD

CITY OF BUENA PARK, CA
0 0.5 1
Miles
Water Main
Water Main within 25ft of Railroad
Railroad Line
City Border
Service Area Boundary
County Boundary
Ü
City of Anaheim served
by City of Buena Park
City of Buena
Park served by
City of Fullerton
City of Buena
Park served by
City of Anaheim
City of Buena Park
served by Suburban
Water Systems
City of La Mirada
served by City
of Buena Park
City of Buena Park
served by Suburban
Water Systems
Los
Angeles County
Orange County
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: PrioritySetting_ParkRec PRIORITY SETTING: PROXIMITY TO PARKS AND RECREATION

CITY OF BUENA PARK, CA
0 0.5 1
Miles
Water Main
Water Main within 250ft
City Border
Parks/Recreation/Openspace
Service Area Boundary
County Boundary
Ü
Appendix G
Mapbook of Proposed Pipeline Projects for Near-Term (2025-2029) Los Angeles County
Orange County
#6
#2
#8
#1
#3
#7
#4 #5
#9
#10
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: Update_CIP_Projects_2025-2029 PROPOSED WATER MAIN CIP PROJECTS IN THE NEXT 5 YEARS (2025-2029) AND CITY STREETS UNDER THE 2024-2028 PAVING MORATORIUM

CITY OF BUENA PARK, CA
0 0.5 1
Miles
CIP Project Location and No.

Paving Moratorium
Water main
City border
Service area boundary
County boundary
Ü
Index Map
(Note: Projects #4, #5, and #6 are located in close proximity to, but are not affected by the City’s 2024-2028 Paving Moratorium.) Existing: 6in
(ACP; 1973)
Replacement: 8in
6in
8in
14in 12in
8in
12in
12in 12in 12in
14in
6in
14in
Path: J:\jn2896\CityofBuenaParkMasterPlan.aprx Layout: Update_CIP_Projects_mapbook 0 60 120
Feet
Hydrant
Gate Valve
CIP Project #1
Hydrant Lateral
Water Lines
City Border
Service Area Boundary
County Boundary
FIRE FLOW DEFICIENCY (522FT)
CIP PROJECT #1 Ü

OSLO CIR
10in
Existing: 10in
(ACP; 1963)
Replacement: 12in
Existing: 6in
(ACP; 1959)
Replacement: 8in
Existing: 6in
(ACP; 1959)
Replacement: 8in
Existing: 8in
(ACP; 1959)
Replacement: 8in
Existing: 8in
(ACP; 1958)
Replacement: 8in
Existing: 6in
(ACP; 1959)
Replacement: 8in
Existing: 6in
(ACP; 1959)
Replacement: 8in
Existing: 6in
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BRE ANALYSIS (3,601FT)
CIP PROJECT #2 Ü
BALL RD. BERNADETTE AVE, BELLE AVE, BERNICE CIR, BEATRICE CIR Existing: 6in
(ACP; 1981)
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BRE ANALYSIS (6,400FT)
CIP PROJECT #3 Ü

MARS DR, NEPTUNE DR, VENUS, POLARIS, JUPITER, PLANETARY, SATURN, MERCURY Existing: 16in
(CML; 1957)
Replacement: 16in
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(ACP; 1957)
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Beach Blvd
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CIP Project #5
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Water Lines
City Border
Service Area Boundary
County Boundary
IMPROVEMENTS FOR OPERATIONS AND MAINTENANCE ACCESSIBILITY (3,940FT) CIP PROJECT #4 Ü
ARTESIA BLVD PHASE 1 – KNOTT TO BEACH
Beach Blvd
Existing: 16in
(CML; 1957)
Replacement: 16in
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(CML; 1957)
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CIP Project #5
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IMPROVEMENTS FOR OPERATIONS AND MAINTENANCE ACCESSIBILITY (3,623FT) CIP PROJECT #5 Ü
ARTESIA BLVD PHASE 2 – BEACH TO DALE
Reline 12in Pipe
Repair Coupling on Hydrant
Relocate PRV within
North/East Parkway on Malvern Ave
Abandon 8in stub
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PIPELINE RELINING (47FT) AND OTHERS
CIP PROJECT #6 Ü

MALVERN AVE AT BEACH BLVD
New Pipe 8in
New PRV to close loop of
Zone 3C-262 and Zone 3B-285
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CIP Project #7
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NEW PIPELINE (70FT) AND PRV
CIP PROJECT #7 Ü

ATCHISON WY TO BEACH
New Pipe 8in
Abandon Pipe
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Cut and abandon
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NEW PIPELINE (284FT) AND ABANDON PIPE (554FT)
CIP PROJECT #8 Ü

LINCOLN
Cut and Abandon Pipe
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CIP Project #9
Cut and abandon
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City Border
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CUT AND ABANDON STEEL PIPE (61FT)
CIP PROJECT #9 Ü

VALLEY VIEW AND LINCOLN
Cut and Abandon Pipe
New Pipe 8in
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Cut and abandon
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Service Area Boundary
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NEW PIPELINE CONNECTION (37FT), CUT AND ABANDON CAST IRON PIPE (FREQ. LEAKS) CIP PROJECT #10 Ü

VALLEY VIEW AND THELMA
City of Buena Park
City Council Regular Meeting Agenda Report
C. PURCHASE AND SALE AGREEMENT FOR CITY-OWNED PROPERTY LOCATED ON THE SOUTH SIDE OF AUTO

CENTER DRIVE, EAST OF WESTERN AVENUE
Meeting
Tuesday, April 22, 2025, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5C.

Prepared By
Matt Foulkes, Director of Community and Economic
Development
Approved By
Aaron France, City Manager
Presented By
Matt Foulkes, Director of Community and Economic
Development

RECOMMENDED ACTION
1) Approve the Purchase and Sale Agreement with Simpson & Simpson Holdings, LLC for the sale of the properties located on the south side of Auto Center Drive, east of Western Avenue; 2) Find the transaction exempt from CEQA pursuant to Section 15332, and authorize staff to file a notice of exemption; 3) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and 4) Authorize the City Manager and City Clerk to execute the agreement and take various actions in connection therewith.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
Background and Project Description
As part of the I-5 freeway widening project, Caltrans purchased several properties along the north side of the freeway between Western Avenue and Stanton Avenue. In 2016, after the freeway widening project was completed, Caltrans relinquished excess parcels associated with the freeway widening project to the City through California Transportation Commission Resolution No. R-3948.

During and after completion of the freeway widening project, several businesses closed and the subject properties became available for acquisition along Auto Center Drive, between Western Avenue and the northbound I-5 Freeway on-ramp. From 2015 to 2019, the City purchased the subject properties along Auto Center Drive, which were previously developed with a mixture of retail, restaurant and service uses.

In 2019, the City vacated an alley along the southern side of the parcels acquired by the City. The alley vacation by the City was required for Caltrans to consider decertification of two remaining remnant parcels which were ultimately acquired by the City in 2022. The City processed a parcel map (lot merger) to merge all of the parcels into a single parcel for the purpose of selling the land for the development of a car dealership. The Tentative Parcel Map (lot merger) was approved by the City in 2023, but has not yet been assigned a new Assessor’s Parcel Number (APN) by the County.

Simpson & Simpson Holdings, LLC (“Developer”) submitted a Conditional Use Permit and Variance application in December 2022, for a new 28,825-sq. ft., 36-feet high, two-story automobile dealership (Simpson Cadillac) with a roof parking deck and an attached service garage. The project includes a detached 1,320-sq. ft. carwash (for dealership use only) and an 806-sq. ft. attached canopy, off-street parking, landscaping, and other site improvements. Final design and review of the proposed dealership was substantially delayed while the City and the Developer worked to comply with Caltrans easements, which run along the southern portion of the property.

Ultimately, the dealership was redesigned to avoid the Caltrans easements and the CUP and Variance were approved by the Planning Commission in June 2024. The completion of the building plan check process has been held while the Purchase and Sale Agreement is finalized.

Purchase and Sale Agreement (PSA)
Pursuant to the Purchase and Sale Agreement presented for the City Council’s consideration (Attachment 1), the Buyer has agreed to purchase the property for $2,723,625 with an initial deposit of $50,000. This purchase price is the fair market value of the property. If the Agreement is approved by the City Council, escrow would open within 10 days of the parties’ signature and, subject to the parties’ completing various conditions, would close in the next few months with the recording of the grant deed and covenants in favor of the City ensuring development of the Project.

The Agreement contemplates at least a 60-day due diligence (or “contingency period”) during which time the Developer would conduct due diligence on the property and the Parties would work with SCE to finalize plans for relocating power lines to the subject property, which currently runs along the southern side of the property before crossing over the I-5 Freeway on-ramp/off-ramp and connecting to a power pole that provides electricity to the Honda dealership just east of the project site. Caltrans regulations require the undergrounding of power lines within any Caltrans right of way, meaning the delivery of permanent power to the property will require either:
undergrounding any power lines with Caltrans right-of-way; or relocating and installing power lines in a manner that avoids the Caltrans right-of-way.

The City explored both options, but the second has proven more viable, and the City is currently working with SCE to finalize plans, cost, and timeline for the improvements. Because these improvements are not tied to the Project but instead would be needed for any party to make productive use of the subject property, the Purchase and Sale Agreement contemplates the City paying for these costs. Staff expects that SCE will provide proposed plans, a project timeline, and an estimated cost for the improvements within the contingency period, after which the Parties will have a chance to review and confirm their approval of the work. Both parties must approve or waive this condition before escrow closes, and staff will return to the City Council for consideration of approving the cost of the work when known.

Additionally, before closing escrow, the Developer is required to provide the City with evidence of: a financing plan that includes a project budget, and a listing of all capital, debt and other financial sources intended for use to develop the site; evidence of a Cadillac franchise; building permits; and construction contracts for the work. The purpose of these documents is for the City to ensure that the developer has sufficient funds and capacity to complete the project as proposed. The City is also requiring the developer to provide a Schedule of Performance to ensure that once approved and permitted, construction of the project will commence and proceed without interruption until completed. The Developer has indicated an intention to start construction promptly after closing and expects construction to take approximately two years. The City has retained remedies in the unlikely event that the project is not completed pursuant to the Purchase and Sale Agreement, including the ability to reacquire the property and convey to another party.

Surplus Lands Act (SLA) Compliance
The California Surplus Lands Act (“Act”) applies to the City’s disposition of all “surplus property,” and requires the City to market and make properties available for housing, parks and recreational, or educational purposes before disposing of real property on the open market for other purposes. The City Council declared the subject properties ‘Surplus Land’ via Resolution No. 14409 and the City received approval from HCD on August 27, 2024, to sell the property for development of a car dealership. If the City Council approves the Agreement, staff would provide notice of that approval to HCD for final review, as required by the SLA.

California Environmental Quality Act (CEQA) Compliance
In accordance with the CEQA Guidelines, the City determined the proposed development project to be Categorically Exempt pursuant to Section 15332 of the CEQA Guidelines. Section 15332 (Class 32) consists of projects characterized as in-fill development on properties less than five-acres in size. Additionally, the Tentative Parcel Map was also found to be Categorically Exempt pursuant to Class 15 Section 15315 (Minor Land Divisions). A Notice of Exemption was filed for each of these actions.

BUDGET IMPACT
The purchase price specified in the Purchase and Sale Agreement is $2,723,625, which will be deposited into the City’s General Fund. The cost of the offsite improvements to power lines, when known, will be considered by the City Council at a future date.

Attachments
Cadillac Dealership Draft Purchase and Sale Agreement_4-22-2025.pdf 1 AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY
This AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY (this “Agreement”) is dated for reference as of April 22, 2025, and entered into by and between the CITY OF BUENA PARK, a California municipal corporation (“Seller”), and SIMPSON & SIMPSON HOLDINGS, LLC, a Delaware limited liability corporation (“Buyer”), and concerns those certain parcels of real property identified as Assessor Parcel Numbers 277-021-02, 277-021- 03, 277-021-04, 277-021-05, 277-021-06, 277-021-07, 277-021-08, 277-021-15, 277-021-16, 277- 021-17, 277-021-18, 277-021-19, 277-021-20, 277-021-21, portion of 277-021-10 (Lots 121, 122 and portion of 123), and portion of 277-021-013 (Lots 154-158) in the Official Records for the County of Orange, California, and legally described in Tentative Parcel Map No. 2023-114 attached as Exhibit “A” hereto (the “Property”). At times herein Seller and Buyer are individually referred to as a “Party” and jointly as the “Parties.”

AGREEMENT

1. PURCHASE AND SALE. Seller agrees to sell and Buyer agrees to purchase the Property subject to the terms and conditions specified in this Agreement.

2. DEFINITIONS. The capitalized words and phrases used throughout this Agreement shall have the meaning given except as the context clearly requires otherwise, including those set forth below:
“Additional Instructions” is defined in Section 4.A.
“Closing” is defined in Section 4.F.
“Contingency Date” and “Contingency Period” are defined in Section 4.E(1). "Completion Certificate” is defined in Section 5.E.
"Construction Covenants” is defined in Section 5.J.
“Deed of Trust” is defined in Section 6.A.
“Deposit” is defined in Section 3.A.
“Development Entitlements” is defined in Section 4.E(4). “Effective Date” of this Agreement is the date on which the last of Seller and Buyer have executed it.
“Escrow” is defined in Section 4.A.
“Extended Policy” is defined in Section 4.E(2).
“Financing Plan” is defined in Section 4.E(5)(c).
2 “Grant Deed” is defined in Section 4.F.
“Offsite Improvements” is defined in Section 4.E(10).
“Opening” is defined in Section 4.A.
“Permitted Exceptions” means the following described conditions and exceptions to title or possession:
i. A lien to secure payment of general and special real property taxes and assessments that accrue from and after the Closing.
ii. A lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code accruing on or after the Closing.
iii. Matters affecting the condition of title created by this Agreement or with the consent of Buyer.
iv. Other exceptions to title disclosed by the Title Report that have been approved in writing by Buyer prior to the end of the Contingency Period, which shall constitute Permitted Exceptions.
“New Parcel” is defined in Section 4.E.(9).
“Offsite Improvements” and “Offsite Improvement Costs” are defined in Section 4.E(10). “Project” is defined in Section 5.A.
“Project Budget” is defined in Section 4.E(5)(a).
“Project Documents” is defined in Section 10.C.(3).
“Purchase Price” is defined in Section 3.
"Release of Construction Covenants” is defined in Section 5.J. "Schedule of Performance” is defined in Section 5.E.
“Sources and Uses Summary” is defined in Section 4.E(5)(b). “Survey” is defined in Section 4.E(2)(a).
“Termination Costs” is defined in Section 10.A.
“Title Company” is defined in Section 4.B.
“Title Policy” is defined in Section 4.E(2).
“Title Report” is defined in Section 4.E(2)(a).
3 “Zoning Code” means the Buena Park Zoning Code (Title 19 of the Buena Park Municipal Code).

3. PURCHASE PRICE. The purchase price to be paid by Buyer to Seller in exchange for the Property is $2,723,625.00 (the “Purchase Price”) which shall be paid by Buyer to Seller in the manner specified in this Agreement. The Parties agree the Purchase Price is equal to the fair market value of the Property and Seller has provided no discounts, offsets, or subsidies to Buyer in connection with this Agreement.

A. Deposit. Within ten (10) days of the Opening Buyer shall deliver funds by check or wire transfer in the amount of FIFTY THOUSAND DOLLARS and 00/100 CENTS ($50,000.00) to Escrow to be deposited in a non-interest-bearing account and held as an earnest money deposit pursuant to the terms and provisions of this Agreement (the “Deposit”). The Deposit shall be applied to the Purchase Price at Closing.

B. Payment of Purchase Price. At the Closing Buyer shall pay to Seller through Escrow the balance of the Purchase Price (i.e., a sum equal to the Purchase Price less the Deposit) in cash, by cashier’s or certified check, or by wire transfer.

4. ESCROW INSTRUCTIONS AND CONDTIONS TO CLOSING.

A. Escrow Instructions. This Agreement constitutes the joint basic escrow instructions of Seller and Buyer for conveyance of the Property. The Parties shall execute, deliver and be bound by any reasonable or customary supplemental or additional escrow instructions (“Additional Instructions”) or other instruments as may be reasonably required by Title Company in order to consummate the transaction contemplated by this Agreement; provided such Additional Instruments do not conflict with, amend or supersede any portions of this Agreement unless agreed to in writing by Seller and Buyer.

B. Opening of Escrow. Within ten (10) days of the Effective Date Seller shall open an escrow for this transaction (“Escrow”) with First American Title Company, 18500 Von Karman Avenue, Suite 600, Irvine, CA 92612; Title Officer: Jeanne Gould, Senior Escrow Officer/Escrow Branch Manager ([email protected]) (“Title Company”). The actual date the Escrow is opened is referred to as the “Opening.”
C. Costs. Buyer shall pay the costs of the Title Policy, all transfer taxes and recording costs, and the costs associated with any extended coverage title policy (i.e., extended ALTA coverage) any title endorsements requested by Buyer, and any cost for recording the Grant Deed. Seller shall pay costs associated with recording of the Construction Covenants, if applicable and to the extent Seller is not exempt as a local governmental entity. All other closing costs and costs of Escrow shall be divided between the Seller and Buyer equally. Title Company shall provide a preliminary closing statement to the Seller and Buyer prior to the Closing Date.

D. Tax Prorations. Seller shall be liable for and shall pay in full all real property taxes and assessments levied on or incurred by the Property prior to the Closing, provided that Seller is a 4 local government agency exempt from real property taxes and accordingly the Parties anticipate that no such taxes are or will be due or owing. To the extent it is determined that any taxes are owed, Seller shall so notify Buyer in writing of the precise amount not less than thirty (30) days before Closing. Buyer shall be solely and exclusively liable for any real property taxes or assessments levied on the Property on or after the Closing.

E. Conditions Precedent to the Closing.
1) Contingency Period. It is a condition precedent to the Closing for Buyer’s benefit that on or before the date that is sixty (60) days after the Effective Date, or the date that is sixty (60) days after the date upon which Seller provides notice of the New Parcel Number for the Property pursuant to Section 4.E(9) below, whichever last occurs, (the “Contingency Date,” and the period from the Effective Date to the Contingency Date being the “Contingency Period”) Buyer has determined that, with the exception of the Offsite Improvements to be completed by Seller and accepted by Buyer pursuant to Section 4.E(10) below, the Property is suitable for Buyer’s intended use as determined in Buyer’s sole discretion. Seller shall deliver copies of all nonprivileged documents in Seller’s possession relating to the Property to Buyer within twenty (20) days after the Opening. Prior to the Contingency Date, Buyer shall determine whether the Property is suitable. In the event Buyer determines the Property is not suitable for a reason other than that relating to the Offsite Improvements, then Buyer may terminate this Agreement for convenience pursuant to Section 10.A unless Seller remedies Buyer’s concern at Seller’s cost.

Prior to expiration of the applicable Contingency Period, with the exception of the Offsite Improvements governed by Section 4.E(10), Buyer shall have approved all due diligence matters associated with the Property or have waived any objections in writing and failure to object within the Contingency Period shall be deemed a waiver.
2) Title Matters. It is a condition precedent to the Closing for Buyer’s benefit that the Title Company be committed to issue to Buyer at the Closing a standard CLTA owner’s policy of title insurance (“Title Policy”) in an amount equal to the Purchase Price, showing fee title to the Property subject only to the Permitted Exceptions. Title Company will issue the Title Policy to Buyer upon Closing. Instead of the Title Policy being a standard CLTA owner’s policy of title insurance, Buyer may instead elect to obtain an extended coverage ALTA owner’s policy of title insurance (“Extended Policy”) on the following conditions: (1) Buyer pays for all additional premiums and any other fees and costs attributable thereto (2) Buyer shall be solely responsible for the additional requirements for the issuance of the Extended Policy (such as an ALTA survey), and (3) such request (or the fulfillment thereof) does not unreasonably delay the Closing. a) Title Report, Review and Approval. Within thirty (30) days following the Effective Date or Seller’s receipt of the New Parcel Number pursuant to Section 4.E(9) below, whichever last occurs, Seller shall obtain and shall provide Buyer with a preliminary report from the Title Company, together with the underlying documents relating to the Schedule B exceptions set forth in such report (collectively, the “Title Report”). Buyer shall have until the end of the Contingency Period to review and approve the Title Report and any ALTA survey (“Survey”) obtained by Buyer. Buyer shall notify Seller in writing on or before the Contingency Date of any disapproved matters in the Title Report and Survey. Any matters not so disapproved shall be a Permitted Exception; however, Buyer hereby objects to any and all monetary encumbrances that may appear in the Title Report, all of which shall be removed therefrom by Seller at no cost to 5 Buyer. Seller shall have thirty (30) days from the receipt of Buyer’s notice either to obtain at Seller’s cost, as applicable, the issuance of an endorsement to the Title Report removing such disapproved matters or, if acceptable to Buyer, to obtain affirmative title insurance protection for such disapproved matters satisfactory to Buyer in Seller’s sole discretion. If Seller fails either to provide for the removal of such exceptions or to obtain affirmative title insurance protection for such exceptions satisfactory to Buyer within such thirty (30)-day period, then at Buyer’s option, Buyer may advance the cost of removing or satisfying the exception and deduct the cost from the Purchase Price paid by Buyer. If such notice is not timely given by the Buyer, then such disapproved matters shall constitute Permitted Exceptions. b) If any endorsement or update issued to the Title Report or Survey contains new exceptions other than those in the initial Title Report or Survey, Buyer shall be entitled to object to any such exceptions by a written notice of objections to Seller on or before the date ten (10) days following Buyer’s receipt of such endorsement or update. If Buyer fails to object to such new exceptions on or before such date, Buyer shall be deemed to have waived any objection to the new exceptions appearing on such endorsement or update, and thereafter all such new exceptions (or those not actually objected to) shall be deemed to be Permitted Exceptions. Seller shall have ten (10) days from the receipt of Buyer’s notice of object either to obtain at Seller’s sole cost, as applicable, the issuance of an endorsement to the Title Report or a revision to the Survey removing such exceptions or, if acceptable to Buyer, to obtain affirmative title insurance protection for such exceptions satisfactory to Buyer in Buyer’s sole discretion. If Seller fails either to provide for the removal of such exceptions or to obtain affirmative title insurance protection for such exceptions satisfactory to Buyer in Buyer’s sole discretion within such ten (10)-day period, then at Buyer’s option, Buyer may advance the cost of removing or satisfying the exception and deduct the cost from the Purchase Price. If such notice is not timely given by the Buyer then such disapproved matters shall constitute Permitted Exceptions.
c) Notwithstanding any contrary term or provision in this Agreement, the Closing will be extended as needed to comply with the requirements of this Section. 3) Surplus Land Act Clearance. It is a condition precedent to the Closing for Seller’s Benefit that Seller has satisfied the requirements of the California Surplus Lands Act (Gov’t Code § 54220 et seq., the “SLA”) before disposing of the Property to Buyer, as determined in Seller’s sole but reasonable discretion. The SLA is administered by the California Department of Housing and Community Development (“HCD”), and within thirty (30) days of the Opening Seller will provide HCD with written notice of this Agreement in the manner and form required by law. If, prior to the Closing, HCD determines the transaction contemplated by this Agreement violates the SLA, either Party may elect to terminate this Agreement for convenience pursuant to Section 10.A. 4) Development Entitlements. Prior to the Effective Date, Buyer’s applications for the discretionary land use approvals required by the Buena Park Zoning Code to develop and operate the Project were approved in the manner required by law: on June 12, 2024, the Planning Commission for the City of Buena Park adopted Resolution No. 6344 which: (a) found and determined that the Project was categorically exempt from CEQA pursuant to Section 15332, Class 32; and (b) approved a conditional use permit (CU-22-16) and variance (V-22-3) allowing development of an approximately 29,000 square-foot automobile dealership with detached car 6 wash tunnel, perimeter walls and associated improvements at the Property (the “Development Entitlements”). Notice of Exemption for the Development Entitlements has heretofore been filed in compliance with CEQA.
a) Vesting of Entitlements. The Development Entitlements shall not vest in Buyer unless and until the Closing.
b) Cost of Permits. Buyer shall request, and Seller shall issue, all required permits and Buyer shall pay development impact fees related to construction of the Project and all government processing fees related to the development. All such fees shall be based on the published or applicable fees as of the date of Buyer’s application for Development Entitlements. 5) Project Financing. It is a condition precedent to the Closing for Seller’s benefit that Buyer have adequate equity, capital, debt, and/or other financing capacity to acquire the Property and develop the Project. Buyer shall satisfy the requirements of this subsection to Seller’s reasonable discretion prior to the Closing.
a) Project Budget. As of the Effective Date, Buyer’s good faith estimate of the cost to acquire the Property and develop the Project has been submitted to and is on file with Seller (“Project Budget”). Prior to the Closing, Buyer will provide Seller with updates to the Project Budget to reflect reasonable adjustments, line-item allocations, revised construction costs or design changes required by Construction Contracts, Development Entitlements or building permits.
b) Sources and Uses. As of the Effective Date, Buyer has submitted Sources and Uses Summary to Seller lists all capital, debt, and other financial sources intended by Buyer to be used to pay for the Project Budget (“Sources and Uses Summary”). Prior to the Closing, Buyer shall submit an updated Summary of Sources and Uses, in a form acceptable to Seller, including all assumptions for all debt and equity financing, shall show the timing of the uses of each source of financing and shall break down which expenses each source of financing is funding. c) Financing Plan. Prior to the Closing, Buyer shall submit a financing plan for Seller’s review and approval evidencing availability of the funds necessary to finance the acquisition of the Property and construction of the Project (“Financing Plan”). The Financing Plan shall include the following:
i. An updated Project Budget (including all direct, indirect, and financing costs). ii. An updated Summary of Sources and Uses including a breakdown for costs to develop the Project (including all direct, indirect, and financing costs), and including all assumptions for all debt and equity financing, the timing of uses of each source of financing, and a breakdown of which expenses each source is funding.
iii. To the extent applicable, a copy of any commitments obtained by Buyer for the lines of credits, loans, grants, or other external financing sources listed in the Summary of Sources and uses, certified by Buyer to be true and correct copies thereof. 7 iv. A description of any joint ventures, partnerships or conveyances Buyer proposes to provide equity funds for acquiring the Property or developing the Project, including copies of any then executed joint venture, partnership and/or conveyance agreements. v. A certified financial statement or other financial statement in such form reasonably satisfactory to Seller evidencing other sources of capital sufficient to demonstrate that Buyer has adequate funds available and is committing such funds to cover the difference, if any, between costs of acquisition of the Property and develop the Project and the amount available to Buyer from external sources.
d) Seller’s Review of Financing Plan. Seller shall review the Financing Plan and either approve or disapprove of it within ten (10) days of receipt from Buyer. Seller’s review shall be limited to determining if the contemplated financing will be reasonably available, will provide sufficient funds to undertake and complete the Project, and determining if it is substantially consistent with the Summary of Uses attached to this Agreement. Seller’s review of any commitments from external debt financing sources will be solely to determine their validity and the proposed amount, terms and timing of the financing for consistency with this Agreement. If the Financing Plan is not approved by Seller, Seller shall notify Buyer in writing of the reasons therefor. Buyer shall thereafter resubmit a revised Financing Plan to Seller for its approval within ten (10) days after Seller 's notification of disapproval. Seller will either approve or disapprove the revised Financing Plan within ten (10) days after resubmission by Buyer, and if disapproved, this Agreement may be terminated for convenience by either Party in accordance with the terms of Section 10.A.
(e) Availability of Financing at Closing; Modifications. All financing sources listed in the Financing Plan shall close by or be unconditionally committed to Buyer prior to, or simultaneously with, the Closing. Buyer shall submit to Seller evidence reasonably satisfactory to Seller that any conditions to the release or expenditure of funds described in the Financing Plan to pay for Project development costs have been met or will be met upon the Closing and subject to Buyer's satisfaction of standard disbursement preconditions. Buyer shall submit any changes to the Financing Plan, including but not limited to any amendments or modifications to the Project Budget, or the commitment letter from any other lender, to Seller for approval within fifteen (15) days of the date Buyer receives information indicating that actual costs of the Project materially vary or will materially vary from the line item costs shown on the Financing Plan. Written consent of Seller shall be required to materially amend the Financing Plan. 6) Project Construction Contracts. It is a condition precedent to the Closing for Seller’s benefit that, upon the Closing, Buyer has in place all construction contracts needed to develop the Project (“Construction Contracts”). Prior to the Closing Buyer shall submit for Seller’s review the proposed Construction Contract(s) for the Project, and Seller shall review and either approve or disapprove of the same within ten (10) days of receipt from Buyer. Seller’s review shall be limited exclusively to determining whether: (1) the guaranteed maximum (or aggregate, if applicable) construction cost in the Construction Contract(s) is consistent with the approved Financing Plan; and (2) the Construction Contract(s) contain provisions consistent with this Agreement and required by state law. If the Construction Contract(s) is not approved by Seller, Sellershall notify Buyer in writing of the reasons therefor. Buyershall thereafter resubmit a revised 8 Construction Contractors to Seller for its approval within ten (10) days after Seller 's notification of disapproval. Seller will either approve or disapprove the revised Construction Contracts within ten (10) days after resubmission by Buyer, and if disapproved, the Closing will be extended to provide additional time to comply with this condition or this Agreement may be terminated for convenience by either Party in accordance with the terms of Section 10.A. If Seller fails to approve or disapprove the forms of Construction Contract within the review period(s) specified in this subsection the form Construction Contract(s) at issue shall be deemed approved by Seller. 7) Building Permits. Buyer obtaining and Seller issuing, in its governmental and regulatory capacity, building permits needed to construct the Project in compliance with the Development Entitlements is a condition precedent to the Closing for the mutual benefit of both Parties. Prior to the Closing, Buyer shall be in a position to pull building permits from Seller subject only to the payment of necessary fees or charges listed in the Source and Uses to be paid from third-party sources.
8) Dealership Franchise. Buyer having a franchise to engage in the sale of new Cadillac automobiles from the manufacturer is a condition precedent to the Closing for the benefit of both Parties. Prior to the Closing Buyer shall provide evidence demonstrating such authority to Seller, with such evidence consisting of a written agreement or similar unconditional commitment for the franchise on the Property subject only to the Closing and development of the Project. 9) Parcel Merger. As a condition precedent to the Closing, Seller shall complete the merger of the various parcels that comprise the Property as of the Effective Date, as such parcels are listed in the introductory paragraph of this Agreement and legally described in Exhibit “A”, into a single legal parcel (“New Parcel”). As of the Effective Date, Seller has initiated the merger process and is awaiting assignment and recording of a new parcel number, final parcel map, and associated information from the Recorders Office for the County of Orange. Promptly upon receipt of the New Parcel number, map, and information from the County, Seller shall provide to Buyer and Escrow a copy of the new parcel map and information recorded with the County, and at Closing the Grant Deed shall convey a single merged parcel comprising the Property to Buyer at Closing.

Seller hereby represents and warrants to Buyer that the real property included in the New Parcel is the same and represents all real property that is included in the parcels or portions thereof referenced in the introductory paragraph of this Agreement and are legally described in Exhibit “A,” such that the Property as of the Effective Date shall be identical in area and size to the Property at the Closing.
10) Offsite Improvements. The Parties acknowledge that, as of the Effective Date: (i) the Property is not connected to the electrical power grid to the satisfaction of Southern California Edison (SCE) and Caltrans requirements regarding the undergrounding of electrical lines and removal of electrical lines from Caltrans right-of-way; (ii) that without such connection, the Property lacks value for any reasonable commercial purpose; (iii) that the permitting, construction and installation of work and improvements necessary to connect the Property to electrical utility lines (the “Offsite Improvements”) is within discretion and authority of SCE and implicates the regulatory authority of Caltrans; and (iv) Seller has initiated the process for SCE approving and completing the Offsite improvements but SCE has not provided: (a) approved plans and specifications for the Offsite Improvements; (b) an estimated cost to complete the Offsite 9 Improvements (“Offsite Improvement Cost”); or (c) an estimate of the timeline for construction and installation of the Offsite Improvements (cumulatively the “SCE Approvals”). The Parties anticipate that the SCE Approvals will be provided before the Contingency Date, at which point Seller and Buyer shall in good faith review the SCE Approvals and negotiate to reach an agreement on their respective obligations to facilitate construction of the Offsite Improvements within a time that is consistent with deadlines in the Schedule of Performance for constructing and opening the Project, but the Parties agree now that all costs associated with the completion of the Offsite Improvements shall be the exclusive responsibility of Seller. Notwithstanding any contrary term of provision of this Agreement, either Party may terminate this Agreement pursuant to Section

10.A if the SCE Approvals are not acceptable or if the SCE Approvals are not provided prior to the Contingency Date, and the Closing shall not occur unless and until each Party has accepted the SCE Approvals and waived this condition in the form of a written agreement that specifies the Parties’ respective obligations and expectations concerning the Offsite Improvements.

F. Closing of Escrow. The “Closing” means the Title Company’s: (1) the recordation in the Official Records of Orange County, California, of the grant deed in the form attached hereto as Exhibit “B” conveying the Property to the Buyer (the “Grant Deed”); and (2) disbursement of funds and distribution or recording of any other documents by the Title Company as described in this Agreement. The Closing shall occur no sooner than the date on which all of the conditions precedent to the Closing as set forth in Section 4.E have been satisfied or waived by each Party, and no sooner than two (2) business days following the satisfaction or waiver of the following additional conditions precedent:
1) Seller shall have: (a) taken all actions necessary and appropriate relative to enabling the Title Company to issue the Title Policy to Buyer subject only to the Permitted Exceptions; and (b) Delivered to Escrow the following documents, which may be counterparts, in recordable form, as necessary: (i) An original of the Grant Deed for Property executed by Seller and acknowledged; and (ii) An owner’s affidavit in form and substance acceptable to the Title Company, if required. 2) Buyer shall have paid into Escrow the Deposit and the balance of the Purchase Price. 3) Each Party (or both Parties) shall have: (a) delivered to Escrow an original executed copy of the Construction Covenants, which may be executed in counterparts and shall be in recordable form with signatures and acknowledged; (b) completed all of their obligations under this Agreement that are required to be completed prior to the Closing; and (c) delivered such other documents and funds required of it under this Agreement or reasonably required by Title Company.
4) All representations and warranties of each Party hereunder that are true as of the Effective Date shall be and remain true as of the Closing and shall otherwise continue for the time periods set forth herein.
5) Unless extended by the prior mutual written agreement of the Parties, the Closing shall occur no later sixty (60) days after all conditions precedent to the Closing have been duly performed to the mutual satisfaction of the Parties.
10 G. Title Company and Escrow Agent Responsibilities. Subject to satisfaction of the conditions precedent specified herein, at the Closing the Title Company is authorized and instructed to:
1) Using the proceeds of the sale (the funds deposited by the Buyer representing the Purchase Price), cause the satisfaction and removal of all exceptions to title to the Property except for the Permitted Exceptions, provided that before such payments or charges are made, Title Company shall notify Seller of the terms necessary to satisfy and remove such monetary liens or encumbrances, and Seller shall approve the disbursement of necessary funds. 2) Pay, and charge the Buyer and Seller, respectively, for any fees, charges and costs payable under this Agreement. Before such payments or charges are made, Title Company shall notify Buyer and Seller of the fees, charges and costs necessary to clear title and close the Escrow, all of which shall be reflected on the closing statement at Closing. 3) Record the Grant Deed, the Construction Covenants, and any other instruments as appropriate, delivered through Escrow.
4) Deliver to each Party copies of all tax withholding form(s). 5) Disburse such other funds and deliver such other documents to the Parties that are entitled thereto.
6) Cause the Title Policy or Extended Policy, as applicable, to be issued. 7) Perform and take actions directed in any agreements or escrow instructions between the Parties, if applicable, to the extent not in conflict with this Agreement or otherwise approved by the Parties.

H. Notices. All communications from Title Company to the Parties shall be directed to the addresses and in the manner established in this Agreement for notices, demands and communications between the Parties, except as may be otherwise directed in writing.

5. DEVELOPMENT OF THE PROPERTY
A. The Project. As a material inducement for Seller’s agreement to sell the Property to Buyer, Buyer shall improve and develop the Property for use as a car dealership principally engaging in the sale of new Cadillac-branded vehicles, with the specific improvements to be developed and operated by Buyer on the Property to be consistent with the Development Entitlements and final building permits (“the “Project”).

B. Cost of Development. All costs for engineering, planning, designing, permits, Development Entitlements other approvals, whether imposed by Seller or another governmental entity with jurisdiction over the project, and developing the Property shall be borne exclusively by Buyer. Buyer shall also bear all costs related to discharging the duties of the Buyer set forth in this Agreement.
11 C. Changes to Financing Plan. Prior to the issuance of a Completion Certificate for the Project, any material change, modification, revision or alteration of the approved Financing Plan (including but not limited to any amendments or modifications to the Project Budget, or the commitment letter from any other lender) must first be submitted to and approved by Seller for conformity to the provisions of this Agreement. All approvals by Seller may not be unreasonably withheld. If not so approved, the approved Financing Plan shall continue to control. Following the issuance of a Completion Certificate for the Project, Buyer shall have no obligation to provide Seller with information or seek Seller approval with respect to any financing or refinancing related to the Project, the Property, or any portion thereof.

D. Seller and Other Government Permits. Before commencement of construction or development of any buildings, structures or other work or improvement on the Property, Buyer shall, at its own expense, secure or cause to be secured any normal permits which may be required by the Seller or any other governmental agency affected by such construction, development or work. Seller shall provide appropriate assistance to Buyer in securing these permits as a continuing obligation pending issuance of the Completion Certificate.

E. Schedule of Performance. Promptly after the Closing, Buyer shall commence construction and thereafter pursue construction without interruption until the Project is complete, as will be signified by a final certificate of occupancy issued by the Seller for all buildings or improvements that are part of the Project (“Completion Certificate”). Buyer shall complete all such planning, design, construction, and opening of the Project in compliance with the deadlines specified in the "Schedule of Performance" attached hereto as Exhibit “C”. The City Manager, in his/her sole and absolute, but reasonable discretion, may grant extension(s) of the Schedule of Performance not exceeding nine (9) months in the aggregate, with any longer extensions of time requiring the approval of Seller’s governing body (the Buena Park City Council). Construction of the improvements and development of the Property as described in the Development Entitlements may, at the sole election of Buyer, be completed in different phases; provided that such construction and development is within the time specified in the Schedule of Performance, and that such phased construction is consistent with the environmental analysis completed for the Development Entitlements.

F. Construction Progress Reports. Until such time as Buyer has completed construction of the Project, as evidenced by a Completion Certificate issued by Seller, Buyer shall provide Seller with quarterly progress reports, or more frequent updates if Seller reasonably requires, regarding the status of the construction of the Project, including, upon Seller request, a certification that the actual construction costs to date conform to the Financing Plan.

G. Local, State and Federal Laws. Buyer shall own the Property and carry out the construction of the Project in conformity with all applicable laws, including all applicable federal, state or local laws, rules or standards, provided, however, Buyer and its contractors, successors, assigns and transferees, and lessees are not waiving their rights to contest any such laws, rules or standards.

Buyer agrees to indemnify, hold harmless and defend the Seller, its officers, employees, contractors and agents against any claim, action, proceeding, liability, damages, expenses, attorney fees, expert fees or other costs arising out of Buyer's obligations under this subsection, provided 12 the foregoing indemnity shall not apply to any of the foregoing matters to the extent caused by any willful or negligent conduct of the Seller or its agents, servants, employees or contractors.

H. Taxes, Assessments, Encumbrances and Liens. After Closing Buyer shall pay when due all real estate taxes and assessments on the Property levied subsequent to a conveyance of title to the Property. Buyer shall not place or allow to be placed on the Property or any part thereof, any mortgage, trust deed, encumbrance or lien unauthorized by this Agreement. Buyer shall remove or have removed any lien on any of the Property or portion thereof or assure the satisfaction thereof within a reasonable time, but in any event prior to a sale thereunder. Notwithstanding the foregoing, Buyer or a successor, transferee, assignee, or tenant contests the validity or grant of any recorded lien or tax assessment, and Buyer, successor, transferee, assignee or tenant shall notify the Seller that it intends to contest the same, and any payment due to clear the lien or assessment shall be made immediately upon final resolution of any such contest.

I. Rights of Access. For the purposes of assuring compliance with this Agreement, representatives of Seller shall have the reasonable right of access to the Property without charges or fees, at normal construction hours during the period of construction for the purposes of monitoring Buyer’s compliance with this Agreement or to inspect the work being performed in constructing the Project, so long as said access only occurs after Seller provides Buyer not less than one (1) business day’s written notice of their intent to access the Property and so long as said access does not interfere with construction activities such that delay may be caused.

J. Declaration of Construction Covenants and Seller Option to Repurchase. At the time of execution of the Agreement, Seller and Buyer shall also sign the Declaration of Construction Covenants in the form attached in Exhibit “D” (“Construction Covenants”). Escrow shall record the Construction Covenants on the Property at the Closing. Following Buyer’s completing construction of the Project, and after Seller’s issuance of Completion Certificate, Seller shall, at Buyer’s request, execute and provide to Buyer a standard form release and reconveyance of the Construction Covenants which Buyer may record on the Property (“Release of Construction Covenants”). The terms and conditions included in the Construction Covenants shall survive the Closing.

6. LIENS AND MORTGAGES
A. No Encumbrance Except for Development Purposes. Mortgages and deeds of trust, or any other reasonable method of security for appropriate modes of financing real estate construction and land development (“Deed of Trust”) are permitted to be placed upon Buyer’s fee interest in the Property but only for the purpose of securing loans approved by Seller pursuant to the approved Financing Plan or as otherwise provided in this Agreement. Buyershall notify the Seller in advance of any form of financing that is secured by a Deed of Trust if Buyer proposes to enter into the same before issuance of a Release of Construction Covenants, and this limitation shall expire following Seller’s issuance of a Completion Certificate.

B. Holder Not Obligated to Construct Improvements. The holder of any mortgage, Deed of Trust, or other conveyance authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the Project or to guarantee such construction or completion. Nothing in this Agreement shall be deemed to construe, permit, or authorize any 13 such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement.

C. Notice of Default to Deed of Trust Holders; Right to Cure. Whenever Seller shall deliver any written notice or written demand to Buyer, with respect to any alleged breach or default by Buyer following the Closing, the Seller shall, at the same time, deliver to each holder of record of any financing instrument authorized by this Agreement who has requested in writing said notices from the Seller, a copy of such written notice or demand. Each such holder shall (insofar as the rights of Seller are concerned) have the right, at its option after the receipt of the notice or Buyer’s cure period, if any, to cure or remedy any such default if the right to cure is provided under the terms of the security interest. The time for a holder to cure shall be extended, if the holder has undertaken steps to cure, in which case such time will be extended for as long as holder reasonably needs, providing the holder is acting diligently. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Project (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed Buyer's remaining obligations to Seller by written agreement satisfactory to Seller. In that event, the holder must agree to complete, in the manner provided in this Agreement, the Project to which the lien or title of such holder relates, and submit satisfactory evidence to Seller that it possesses the qualifications and financial resources necessary to perform such obligations. Any such holder properly completing the Project shall be entitled, upon written request made to Seller, to a Release of Construction Covenants from the Seller.

D. Failure of Holder to Complete Improvements. In any case of an uncured default by Buyer in completion of construction of improvements under this Agreement, if the holder of any Deed of Trust creating a lien or encumbrance upon the Property or any part thereof has not thereafter timely exercised the option to construct, or if it has exercised the option and has not thereafter proceeded with construction in the manner required by this Agreement, Seller may purchase the Deed of Trust by payment to the holder of the amount of the unpaid debt. If the ownership of the Property or any party has been vested in the holder, Seller, if it so desires, shall be entitled to a conveyance of the Property, or any part of the Property, from the holder to Seller upon payment to the holder of an amount equal to the sum of the following:
1) Unpaid Deed of Trust, mortgage, deed of trust or other security interest debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection by lender and application of rentals and income received during foreclosure proceedings).
2) All reasonable expenses with respect to foreclosure. 3) The net expenses, if any (exclusive of overhead), incurred by the holder as a direct result of the Seller approved subsequent management of the Project or part thereof. 4) The cost or value, whichever is less, of any Seller approved improvements made by such holder.
14 E. Right of Seller to Cure Deed of Trust Default. In the event of an uncured material default by Buyer of any Deed of Trust prior to recordation of a Release of Construction Covenants, and the holder of any such security interest has not exercised its option to complete the Project, after another advance written demand to Buyer and the holder of such security interest, that the default must be cured within an additional 30 days, Seller may cure the default prior to completion of any foreclosure. In such event, Seller shall be entitled to reimbursement from Buyer of all costs and expenses incurred by Seller in curing the default. Seller shall also be entitled to a lien upon the Property to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, deeds of trust or other security instruments executed for the sole purpose of obtaining funds to purchase and develop the Property as authorized herein.

F. Rights of Seller to Satisfy Other Liens on the Property After Title Passes. After the conveyance of title of the Property to Buyer, and after Buyer has had reasonable time to challenge, cure or satisfy any liens or encumbrances on the Property, or any part thereof, the Seller shall have the right to satisfy any such liens or encumbrances, provided however, that nothing in this Agreement shall require Buyer to pay or make provision for the payment of any tax, assessment, lien or charge as long as the Buyer shall in good faith contest the validity or amount thereof, and provided such delay in payment shall not subject the Property, or part thereof, to forfeiture or sale.

G. Estoppel. Seller shall from time to time, within fifteen (15) days following the receipt of a request by Buyer or the holder of any Deed of Trust or other security interest affecting the Property, deliver to Buyer or such holder a written statement executed by Seller in form and substance reasonably satisfactory to Buyer and such holder, (i) stating that this Agreement is in full force and effect and has not been modified or amended (or if modified or amended, setting forth all modifications and amendments), (ii) stating whether or not to the best knowledge of Seller, Buyer is in default under this Agreement and if Buyer is in default, setting forth the specific nature of all such defaults, and (iii) as to any other matters reasonably requested by Buyer or such holder.

Seller acknowledges that any statement delivered pursuant to this subsection may be relied upon by any purchaser or owner of all or a portion of the Property and/or any improvements thereon or by the holder of such deed of trust or security interest or by any assignee of such holder or anyone claiming by, under or through such holder.

7. ENVIRONMENTAL RELEASE AND INDEMNITY.

A. Environmental Release. Subject to accurate representations by Seller to Buyer regarding all known, or with the exercise of reasonable diligence would be discovered or known, actual or potential environmental issues with the Property prior to the Closing, Buyer, for itself and its successors and assigns, unconditionally releases Seller from and against any and all liability to Buyer, both known and unknown, present and future, for Environmental Damages to Buyer arising out of any violation of Environmental Requirements or the presence of Hazardous Material on, under or about the Property (the “Environmental Release”), except to the extent of a breach by Seller of its representations and warranties set forth in this Agreement. With respect to the Environmental Release, Buyer, after consultant with legal counsel and will full knowledge of the consequences of its actions, waives the provisions of California Government Code Section 1542, which provides:
15 “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
____________________ Buyer’s Initials
B. Environmental Indemnity.
1) General. Except for a breach of Seller’s representations or warranties or breach under this Agreement, Buyer shall defend, indemnify, and hold Seller harmless from and against all Environmental Damages arising from the presence of any Hazardous Materials at, in, on, or under the Property, or migrating off the Property (including groundwater), including without limitation:
(a) all claims, lawsuits, demands, obligations, investigations, damages (including but not limited to diminution in value of property and related stigma damages, lost profits and consequential damages), penalties, fines or actions by any federal, state, or local governmental agency (collectively, “Government Claims”) based on Buyer’s or Seller’s failure to remediate the Property; (b) all claims, lawsuits, demands, obligations, investigations, damages (including but not limited to diminution in value of property and related stigma damages, lost profits and consequential damages), penalties, fines or actions by owners and operators of adjacent and nearby properties or any other persons (collectively, “Third Party Claims”); (c) all claims, lawsuits, demands, liabilities, damages, losses, or judgements for personal injury or for injury to real or personal property; all claims, lawsuits, demands, obligations, investigations, damages, penalties, fines or actions by subsequent owners and operators of the Property or any lenders providing financing with respect to the Property arising from any underlying Government Claims, Third Party Claims, or other claims under (c) above.
2) Defense of Claims. Provided that Buyer accepts tender of any reasonable expense or reasonable claim by Seller Buyer shall have the right, in consultation with Seller, to control on behalf of Seller any and all negotiations, settlement discussions, investigations, testing, defenses, trials, actions, proceedings, hearings, additional remediation obligations, and other resolutions with all Agencies and third parties arising out of, incidental to, or in connection with Buyer’s performance of Buyer’s obligations under this Section 7. If Buyer does not accept a tender of any reasonable expense or reasonable claim by Seller (except for a breach of Seller’s representation or warranties under this Agreement, Seller shall be entitled to engage in all such matters described in the preceding sentence on its own account, and shall be entitled to recover from Buyer the costs of engaging in such matters (including consultants’ fees and reasonable attorneys’ fees), provided Buyer’s denial of liability is adjudicated to be in violation of the terms hereof. Without limiting Buyer’s rights as described above, Buyer shall undertake reasonable consultation with Seller with respect to matters materially involving the Property or Seller.

C. Definitions. For purposes of Section 7 of this Agreement, the following terms have the meanings indicated.
1) “Environmental Damages” means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of 16 investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys’ fees and disbursements and consultants’ fees, any of which are incurred at any time as a result of the existence of Hazardous Material, prior to the Closing, upon, about, beneath the Property or migrating or threatening to migrate to or from the Property, or the existence of a violation of Environmental Requirements pertaining to the Property, regardless of whether the existence of such Hazardous Material or the violation of Environmental Requirements arose prior to the present ownership or operation of the Property, and including without limitation:
a) Damages for personal injury, or injury to property or natural resources occurring upon or off the Property, foreseeable or unforeseeable, including, without limitation, lost profits, consequential damages, the cost of demolition and rebuilding of any improvements on real property, interest and penalties;
b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local government agency or economic use of the Property or any other property in a manner consistent with its current use or otherwise expended in connection with such conditions, and including without limitation any attorneys’ fees, costs and expenses incurred in enforcing this agreement or collecting any sums due hereunder; c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (ii) herein; and d) Diminution in the value of the Property, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the Property.
2) “Environmental Requirements” means all applicable present and future statutes regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including, without limitation:
a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of Hazardous Materials, chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of chemical substances, pollutants, 17 contaminants, or hazardous or toxic substances, materials or wastes, whether solid, liquid, or gaseous in nature; and
b) All requirements pertaining to the protection of the health and safety of employees or the public.
3) “Hazardous Material” means any substance:
a) the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or b) which is or becomes defined as a “hazardous waste,” “hazardous substances,” pollutant or contaminant under any federal, state or local statute, regulation, rule or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.); and/or the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); or c) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of California or any political subdivision thereof; or d) the presence of which on the Property poses or threatens to pose a hazard to the health or safety of persons on or about the Property; or e) which contains petroleum, petroleum products or other hydrocarbon substances; or f) which contains polychlorinated biphenyls (PCB’s), asbestos, urea formaldehyde foam insulation or radon gas.

D. Commitments Survive Closing. The waivers, releases, and obligations of the Parties in this Section 7 shall survive the Closing.

8. BUYER’S ACKNOWLEDGMENT AND GENERAL RELEASE.

A. “AS-IS” Sale. Buyer acknowledges and agrees that, with the exception of the Offsite Improvements which are represented to be fully permitted, warranted as to all labor and materials, and compliant with all building codes and ordinances, Buyer is purchasing the Property in its “ASIS” condition, without representation or warranty, express or implied, except as set forth in this Agreement or in the Grant Deed; provided, however, that the foregoing shall not relieve Seller from its obligations under applicable law to disclose material facts about the Property known to Seller within ten (10) days from Opening escrow.

B. Waivers and Releases. Except with respect the obligations set forth herein, upon the Closing the Parties hereby waive to the maximum legal extent any and all claims, remedies and causes of action for damages, liabilities, losses or injuries related to Buyer’s acquisition of the 18 Property or Seller’s sale of the Property, whether known or unknown, foreseeable or unforeseeable. Each Party, on behalf of itself and its successors and assigns, hereby fully releases the other Party and each of their respective successors, agents, representatives and assigns from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of Buyer’s purchase of the Property or Seller’s sale of the Property.

C. California Civil Code Section 1542. The waivers and releases as between the Parties shall include a waiver of the protections of Civil Code Section 1542. Each Party hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel regarding, and represents and warrants that it is familiar with the provisions of, California Civil Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Each Party acknowledges that with respect to the sale of the Property to Buyer, each Party may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, each Party hereby acknowledges, represents and warrants that this Agreement has been negotiated and agreed upon in light of that situation, and hereby waives, to the maximum legal extent, any rights accruing to it under Section 1542 or other statute or judicial decision of similar effect.

Seller’s Initials _______________ ____________Buyer’s Initials D. Commitments Survive Closing. The waivers, releases, and obligations of the Parties in this Section 8 shall survive the Closing.

9. REPRESENTATIONS. Seller and Buyer acknowledge that neither the Party is relying upon any representations or warranties other than those set out in this Agreement, and that the representations and warranties set out in this Agreement constitute all of the representations and warranties of the Parties in regard to this transaction.

A. Seller’s Representations. Seller represents and warrants to Buyer as follows: (1) except as otherwise provided in this Agreement, there are no physical or legal facts, circumstances, problems or governmental actions known to Seller with respect to the Property which, if disclosed to Buyer, would materially or adversely impact decisions regarding acquisition and development of the Property; (2) Seller has no knowledge of any violations of governmental codes, ordinances, regulations or orders with respect to the Property; (3) Seller has duly authorized, executed and delivered this Agreement and Seller has or will authorize, execute and deliver, within the times set forth therefore in the Schedule of Performance any and all other agreements and documents required to be authorized, executed and delivered by Seller in order to carry out, give effect to and consummate the transaction contemplated by this Agreement; (4) Seller has good and marketable 19 title and at Closing will transfer the Property to Buyer free and clear of all liens and encumbrances, (5) Seller is unaware of any actual or potential environmental issues on the Property that may result in liability to Buyer following Closing, (6) Seller is unaware of any unrecorded easements, utility lines or pipes upon the Property, and (7) each of the foregoing items (1) through (6) shall be deemed to be an on-going representation and warranty and shall survive in perpetuity. Seller shall advise Buyer in writing, if there is any change pertaining to any matters set forth or referenced in the foregoing items (1) through (6).

B. Buyer’s Representations. Buyer represents and warrants to Seller as follows: (1) immediately following the approval of this Agreement by Seller, Buyer will commence work on the Development Entitlements and will diligently pursue the Project to completion in accordance with the Schedule of Performance; (2) Buyer has duly authorized, executed and delivered this Agreement and Buyer has or will authorize, execute and deliver, within the times set forth therefore in the Schedule of Performance any and all other agreements and documents required to be authorized, executed and delivered by Buyer in order to carry out, give effect to and consummate the transaction contemplated by this Agreement; (3) neither this Agreement nor anything provided to be done hereunder by Buyer violates or shall violate any contract, agreement, or instrument to which Buyer is a party; (4) Buyer has a valid and enforceable franchise to own and operate the dealership contemplated by the Project; (4); this Agreement is a valid and binding agreement enforceable against Buyer in accordance with its terms, subject to laws relating to bankruptcy and creditor’s rights and generally applicable equitable principles; (6) there is no suit, legal action, administrative arbitration or other proceeding or governmental investigation process which has been served upon Buyer or, which to Buyer’s best knowledge, is otherwise pending or threatened against Buyer in which any party is making or has made a claim or defense that, if sustained, would materially and adversely affect the performance of Buyer under this Agreement or materially and adversely interfere with the ability of Buyer to consummate the transactions contemplated herein; (7) Buyer possesses adequate financial resources, necessary franchises, and has the skill and experience to acquire the Property and develop and operate the improvements thereon that are contemplated by this Agreement; (8) Buyer is entering into this Agreement for the purpose of developing and operating the Property and not for speculation in land holding or land banking; (9) Buyer recognizes the fact that the qualifications and identity of Buyer are of particular concern to Seller and that it is because of such qualifications and identity that Seller is entering into this Agreement with Buyer; and (10) Each of the foregoing items (1) through (9) shall be deemed to be an on-going representation and warranty. Buyer shall advise the Seller in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items (1) through (9).

10. TERMINATION, DEFAULTS AND REMEDIES.

A. Termination for Convenience . In the event this Agreement is terminated by either Party for convenience on the grounds permitted in this Agreement, then the Party so terminating shall pay all Title Company termination fees and charges, if any (collectively, “Termination Costs”) and the Deposit shall be returned to Buyer minus any Termination Costs due by Buyer, unless said termination is by Seller, in which case there may be no deduction for Termination Costs.

Upon such termination, all obligations of the Parties under this Agreement, excepting for the obligation of Party so terminating to pay Termination Costs as provided herein, shall cease and terminate.
20 B. Termination for Cause Prior to Closing. In the event either Party violates any obligation hereunder which it is obligated is to perform prior to the Closing, and fails to cure such violation within fourteen (14) days after receipt of written notice from the other Party, then, in addition to pursuing any other rights or which the Party may have at law or in equity, the Party may terminate this Agreement and the Escrow by giving notice, in writing, of such termination to the defaulting Party and Title Company. In the event of a termination by Seller because of a breach by Buyer, the Deposit shall be paid to Seller as liquidated damages for Buyer’s failure or breach, as Seller’s sole and exclusive remedy, and Buyer shall be liable for Termination Costs which shall be paid directly by Buyer into Escrow with Seller retaining the entire Deposit. In the event of a termination by Buyer because of a breach by Seller, the Seller shall be liable for Termination Costs which shall be paid directly by Seller into Escrow with the entire Deposit being returned to Buyer.

IF CLOSING FAILS TO OCCUR SOLELY BECAUSE OF A PARTY’S

UNCURED MATERIAL DEFAULT, THE NON-DEFAULTING PARTY WILL BE

DAMAGED AND WILL BE ENTITLED TO COMPENSATION FOR THOSE

DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. EACH PARTY DESIRES TO LIMIT THE AMOUNT

OF DAMAGES FOR WHICH THEY MIGHT BE LIABLE SHOULD IT BREACH THIS AGREEMENT. BOTH BUYER AND SELLER WISH TO AVOID THE COSTS AND

LENGTHY DELAYS THAT WOULD RESULT IF A PARTY FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS AGREEMENT. IF CLOSING FAILS TO OCCUR BECAUSE OF A PARTY’S DEFAULT, THEN THE DEPOSIT

AND/OR TERMINATION COSTS, AS ALLOCATED ABOVE, SHALL BE DEEMED TO CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF A PARTY’S DAMAGES

AND SHALL BE RETAINED BY THE NON-DEFAULTING PARTY AS LIQUIDATED DAMAGES AS THE NON-DEFAULTING PARTY’S SOLE AND EXCLUSIVE REMEDY

FOR BREACHES OF THIS AGREEMENT THAT RESULT IN A FAILURE OF THE CLOSING. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND

UNDERSTAND THE PROVISIONS OF THIS SECTION AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.

THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH

LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO NONDEFAULTING PARTY PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

THIS SECTION SHALL APPLY ONLY TO UNCURED MATERIAL BREACHES

OF THIS AGREEMENT THAT PREVENT OR RESULT IN A FAILURE OF THE

CLOSING, AND SHALL NOT OPERATE TO LIMIT OR OTHERWISE RESTRICT THE PARTIES’ RIGHTS AND REMEDIES RELATING TO OTHER DISPUTES. __________________ ___________________
21 BUYER’S INITIALS SELLER’S INITIALS
C. Return of Funds and Documents; Release of Liability as to Title Company. In the event Title Company terminates this Escrow as a result of having received notice, in writing, from Buyer or Seller of its election to terminate the Escrow as provided herein, then Title Company shall terminate the Escrow and return all funds, less Termination Costs as appropriate, as set forth in this Section 10. Any documents in the possession of the Title Company shall be returned to the Party who deposited those documents into Escrow. Further, the Parties hereby release Escrow Holder, and shall hold Escrow Holder free and harmless, from all liabilities associated with such termination excepting for Escrow Holder’s obligations to return funds and documents as provided herein.

D. Buyer Breach after Closing and Prior to Completion Certificate. In the event Buyer, after Closing and prior to Seller’s issuance of a Completion Certificate, fails or declines to pursue development of the Project as required by this Agreement, or otherwise breaches a material provision hereof, and Buyer fails to cure such breach within thirty (30) days after receipt of written notice from Seller, or if the cure takes longer than thirty (30) days, if Buyer fails to commence to cure such breach within said 30 day period and diligently pursues the cure without interruption until complete, then, in addition to pursuing any other rights or remedies which Seller may have at law or in equity, Seller may, at Seller’s option, exercise the rights set forth in this Section 10.D by giving notice, in writing, of such election to Buyer. 1) Reversion to Seller. Upon an uncured default of Buyer described in Section 10.D, Seller shall have the right to reenter and take possession of the Property and all improvements thereon, and to revest in Seller the estate of Buyer for such Property. From and after the issuance of a Completion Certificate for the Project and the Release of the Construction Covenants, the remedies set forth in this subsection shall no longer be available to Seller under any circumstance.

The recordation of the Release of Construction Covenants shall be conclusive evidence that the rights under this subsection have been terminated.
a) Upon revesting in Seller, Seller shall promptly use its best efforts to resell the Property for purposes consistent with the Zoning Code. Upon sale, the proceeds shall be applied as follows:
(i) First, to reimburse Seller for any reasonable costs it incurs in managing or selling the Property, including but not limited to amounts to discharge or prevent liens or encumbrances arising from any acts or omissions of Buyer or its contractors; (ii) Second, to Buyer up to the sum of the Purchase Price and the reasonable costs actually expended by Buyer in undertaking the development of the Project; and (iii) Any balance to the Seller.
b) The right of reverter contained in this Section 10.D(1) shall be set forth in the Construction Covenants.
22 c) Such right to revest the property to Seller, to the extent provided in this Agreement, shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit:
(i) Any approved Deed of Trust permitted by this Agreement; or (ii) Any rights or interest provided in this Agreement for the protection of the holder of such Deed of Trust.
2) Option to Repurchase; Reenter and Repossess. Upon an uncured default of Buyer described in Section 10.D above, Seller shall have the alternative right at its option to repurchase, reenter and take possession of any portion of the Property then owned by Buyer with all improvements then-existing thereon. From and after the issuance of a Completion Certificate for the Project and the recordation of the Release of Construction Covenants, the remedies set forth in this subsection shall no longer be available to Seller under any circumstances. The recordation of the Release of Construction Covenants shall be conclusive evidence that the rights under this Section 10.D(2) have been terminated.
(a) Such right to repurchase, reenter and repossess, to the extent provided in this Agreement, shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit:
(i) Any approved Deed of Trust permitted by this Agreement; or (ii) Any rights or interest provided in this Agreement for the protection of the holder of such Deed of Trust.
(b) To exercise its right to repurchase, reenter and take possession with respect to the Property owned by Buyer, Seller shall pay to Buyer in cash an amount equal to:
(i) The Purchase Price paid to Seller for the Property; plus (ii) The reasonable costs actually expended by Buyer in constructing the Project at the time of the repurchase, reentry and repossession; less (iii) Any gains or income withdrawn or made by Buyer from the Property; less (iv) The value of any unpaid liens or encumbrances on the Property which Seller assumes or takes subject to said encumbrances.
3) Assignment of Project Plans. Upon a breach of this Agreement described in Section

10.D and Seller’s exercise of a right in Section 10.D(1) or Section 10.D(2), Buyer shall promptly deliver to Seller, within ten (10) days of such termination, copies of all plans and specifications for the Project, all permits and approvals obtained in connection with the Project, and all applications for permits and approvals not yet obtained but needed in connection with the Project (collectively, the "Project Documents"). To the maximum extent permitted under such documents or any applicable security instrument, the delivery of the Project Documents shall be accompanied by a standard form assignment of Buyer’s right, title and interest in the Project Documents; 23 provided however, that any use of the Project Documents by Seller or any other person shall be without liability of any kind to Buyer and without any representation or warranty of Buyer or its employees as to the quality, validity, or usability of the Project Documents.

E. No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this agreement or provided for under any applicable law, neither Party shall, in any event, be liable to the other Party, either in contract, tort or otherwise, for any consequential, incidental, indirect, special or punitive damages from such other person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the default or alleged breach hereof, whether or not the possibility of such damages has been disclosed to the other party in advance or could have been reasonably foreseen by such other Party.

11. INDEMNITY. Buyer shall indemnify, hold harmless and defend Seller its agents, officers, and employees from any claim, action, proceeding or damages against Seller, its agents, officers, or employees to attack, set aside, void, or annul this Agreement, approval by the Seller of this Agreement, or Seller’s approval of issuance of any Development Entitlements, permits or other approvals for the Project. Buyer’s obligations under this Section shall survive the Closing.

12. NOTICES AND DEMANDS. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested or (iii) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different complete address for itself by notice similarly given.

Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.

To Seller: City of Buena Park
Buena Park City Hall
ATTN: City Manager
6650 Beach Boulevard
Buena Park CA 90622
With Copy To: Christopher G. Cardinale, City Attorney

ALVAREZ-GLASMAN & COLVIN
13181 Crossroads Pwky North – Suite 400
City of Industry, CA 91746
To Buyer: Simpson & Simpson Holdings, LLC
ATTN: David Simpson
6600 Auto Center Drive
24 Buena Park, CA 90621
With Copy To: Ronald S. Hodges, Esq.

Goe Forsythe & Hodges
17701 Cowan, Suite 210
Irvine, CA 92614

13. ENVIRONMENAL CLEARANCE. Seller has analyzed the Project as against the requirements of CEQA”) and found, based on the evidence in the administrative record before it, that sale of the Property to the Buyer for the Project, as described in the Development Entitlements and required by this Agreement, is categorically exempt from CEQA pursuant to Section 15332, Class 32. Notice of Exemption for the Development Entitlements was filed in compliance with CEQA.

14. MISCELLANEOUS.

A. Inspections, Testing and Right of Entry. Prior to Closing, Buyer may conduct, at Buyer’s sole expense, such inspections and testing of the Property, including the improvements thereon, as Buyer may desire or deem appropriate, in Buyer’s sole discretion, to determine the suitability of the Property for Buyer’s intended use. In conducting such inspections and testing, the Buyer shall endeavor to minimize damage to the Property, and any improvements thereon, and shall, in the event escrow fails to close, return the Property, including the improvements thereon, if any, to its condition prior to Buyer’s inspections and testing; reasonable wear and tear excepted. Seller hereby grants to Buyer and its authorized employees, representatives, agents and contractors, permission and a license to enter upon the Property at all reasonable times prior to the Closing for the purpose of conducting such inspections and testing. In the event the Property is occupied by any person(s) other than Seller, Seller shall make arrangements with such person(s) to ensure access by Seller its authorized employees, representatives, agents and contractors in order to conduct the inspections and testing pursuant to this Section. Buyer shall indemnify, protect, defend (with legal counsel reasonably acceptable to Seller) and hold Seller harmless from and against any and all claims, liabilities, damages, costs and expenses arising from, related to or caused by, Buyer’s entry upon the Property or the performance of any inspection or test conducted by or at the request of Buyer or its contractors or agents. The provisions in this Section supersede any previous agreements between Buyer and Seller concerning access to the Property.

B. Confidentiality of Buyer’s Information. Subject to Seller's legal obligations, including under the Public Records Act, Seller agrees to handle all financial, proprietary, or other confidential information regarding Buyer obtained pursuant to this Agreement with confidentiality. Disclosure of information by Seller shall not be prohibited if that disclosure is of information that is or becomes a matter of public record or public knowledge as a result of the closing of the transaction or from sources other than Seller or its agents, employees, contractors, consultants or attorneys.

C. Prohibition Against Transfer, Change in Ownership, Management and Control of Buyer.

The qualifications and identity of Buyer and Buyer’s intended use of the Property are of particular concern to the Seller. It is because of those qualifications, identity, and purpose that Seller has 25 entered into this Agreement with Buyer. No voluntary successor in interest of Buyer shall acquire any rights or powers under this Agreement, except as expressly set forth herein, and Buyer shall not assign this Agreement or any part thereof without the prior written approval of the Seller, which approval may be withheld in the sole and absolute discretion of the Seller. This covenant shall survive the Closing and expire upon Seller’s issuance of a Completion Certificate.

D. Conflicts of Interest. No member, official or employee of the Seller shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. No member, official or employee of the Seller shall be personally liable to Buyer, or any successor in interest, in the event of any default or breach by the Seller, or for any amount which may become due to the Buyer or successor or on any obligations under the terms of this Agreement. The Buyer warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement, nor provided any gift, contribution, income, or other benefit to an official or employee of the Seller that creates a conflict of interest under California law, except to the extent such conflict was disclosed on the record and avoided (e.g. through the non-participation of the recipient official) in the manner required by law.

E. Brokers and Sales Commissions. Seller has not engaged any real estate broker or agent with respect to this Agreement. If Buyer does engage a real estate broker or agent in connection with marketing or soliciting interest in the Property, Buyer shall be responsible for all fees, commissions, costs and expenses of any broker, and shall indemnify, protect, defend and hold harmless Seller and its successors hereunder from and against any and all claims, liabilities, obligations, losses, damages, costs and expenses, including, without limitation, reasonable attorney’s fees, court costs and litigation expenses, arising from or in connection with any sales or brokerage commissions, finder’s fees or other commissions which are (or are claimed to be) payable in connection with the transaction which is the subject of this Agreement by reason of the actions (or alleged actions) of Buyer.

F. Survival of Covenants. Except as otherwise expressly provided herein, the covenants, representations and warranties of both Buyer and Seller set forth in this Agreement, the Grant Deed, and the Construction Covenants shall survive the recordation of the Grant Deed, the recordation of the Declaration of Construction Covenants, and the Closing.

G. Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be reasonably required in order to consummate the purchase and sale herein contemplated, and shall use commercially reasonable efforts to accomplish the Closing in accordance with the provisions hereof.

H. Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof in which time is a factor. If the date for performance of any obligation hereunder or the last day of any time period provided for herein shall fall on a Saturday, Sunday or legal holiday, then said date for performance or time period shall expire on the first day thereafter which is not a Saturday, Sunday or legal holiday.
26 I. Counterparts. This Agreement may be executed in multiple counterparts and delivered as originals, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

J. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

K. No Obligations to Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties to, any person or entity other than the Parties and, to the extent this Agreement constitutes escrow instructions, the Title Company.

L. Exhibits and Attachments. The Exhibits attached hereto are hereby incorporated herein by this reference:

Exhibit A – Legal Description of Property
Exhibit B – Grant Deed
Exhibit C – Schedule of Performance
Exhibit D – Declaration of Construction Covenants
M. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

N. Applicable Law. All questions with respect to this Agreement, and the rights and liabilities of the Parties and venue hereto, shall be governed by the laws of the State of California. Any and all legal actions sought to enforce the terms and provisions of the Agreement shall be brought in the courts of the County of Orange.

O. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto.

P. Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

Q. Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof.
27 R. Legal Fees. Each Party shall be responsible for payment of its own attorney’s fees with respect to negotiation and preparation of this Agreement and processing of the escrow. However, if either Party to this Agreement shall breach its representations or warranties hereunder or shall fail to fulfill or perform any of its covenants or obligations in this Agreement and a legal action is commenced, the non-prevailing party shall pay the costs of litigation, including, without limitation, reasonable attorneys' fees and expert witness fees, that may be incurred to enforce the terms, covenants, conditions and provisions of this Agreement, or to prove that no breach or misrepresentation occurred.

S. Fees and Other Expenses. Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Agreement.

T. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to an employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby.

U. Amendments to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto.

V. No Partnership, Third Person. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Seller and Buyer except as specifically provided herein. No term or provision of this Agreement is intended to benefit any person, partnership, corporation or other. [signatures on following page]
28 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by and through their duly authorized representatives as of the date of the last of their signatures below.

BUYER: SELLER:

By: ________________________
Christopher G. Cardinale,
City Attorney
ATTEST:

By: ________________________
Adria Jimenez, City Clerk
29 ALL PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA )

COUNTY OF ORANGE )
On ___________________, before me, ____________ _____, Notary Public, personally appeared ________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 30 ALL PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF THE PROPERTY
Assessor Parcel Numbers 277-021-02, 277-021-03, 277-021-04, 277-021-05, 277-021-06, 277- 021-07, 277-021-08, 277-021-15, 277-021-16, 277-021-17, 277-021-18, 277-021-19, 277-021-20, 277-021-21, portion of 277-021-10 (Lots 121, 122 and portion of 123), and portion of 277-021- 013 (Lots 154-158) in the Official Records for the County of Orange, California.

ATTACH TENTATIVE PARCEL MAP NO. 2023-114 BEHIND THIS PAGE 32 Exhibit “B” to Purchase and Sale Agreement

GRANT DEED

RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:

City of Buena Park
[TO BE ADDED]
APN:
(Space Above this Line For Recorder’s
Use)

GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the CITY OF BUENA PARK, a California municipal corporation (“Grantor”), hereby GRANTS to ______________________ (“Grantee”), that certain real property at ______________in the City of Buena Park, County of Orange, State of California, more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference together with all right, title and interest of Grantor in and to all buildings and improvements located thereon (“Property”).

THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO:
1) Non-delinquent general and special real property taxes, assessments and supplemental assessments, if any, for the current fiscal year;
2) All covenants, conditions, restrictions, encumbrances, agreements, reservations, rights, rights-of-way, dedications, offers of dedication, easements and other matters of record, apparent, visible from an inspection of the Property, and/or which an accurate survey of the Property would disclose, or known to Grantee.
3) A restrictive covenant that if ten (10) or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing from the date of recordation of this Grant Deed. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-interest who continues the violation by any 33 of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.
4) The following restrictive covenants against discrimination:
a) Grantee covenants and agrees that Grantee shall not discriminate against or segregate any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property herein conveyed. The foregoing covenant shall run with the land in perpetuity or the longest period permitted by law.
(b) Notwithstanding paragraph (a), with respect to familial status, paragraph (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (a).
(c) All deeds, leases or contracts made or entered into by the Grantee, its successors or assigns, as to any portion of the Property shall contain therein the following language:
(1) In deeds:
“(A) Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed, nor shall the grantee or any person claiming under or through the grantee, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land.
(B) Notwithstanding paragraph (A), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, 34 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (A).” (2) In leases:
“(A) Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee or any person claiming under or through the lessee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.
(B) Notwithstanding paragraph (A), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (A).” (3) In contracts with respect to the sale, lease, sublease, transfer, use, or occupancy, of the Property:
“(A) There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land.
(B) Notwithstanding paragraph (A), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision 35 (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (A).” IN WITNESS WHEREOF, Grantor has executed this Grant Deed on this ___ day of ______, 2025, at Buena Park, California.

CITY OF BUENA PARK, a California municipal corporation
By: _________________________
Aaron France, City Manager
36 Grant Deed - EXHIBIT A
Legal Description of Property
[NEW PARCEL LEGAL DESCRIPTION TO BE ADDED WHEN AVAILABLE] 37 ALL PURPOSE ACKNOWLEDGMENT (SELLER)

STATE OF CALIFORNIA )

COUNTY OF ORANGE )
On ________, before me, _________________, personally appeared ----------------------------------------, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

ESCROW AND PROJECT SCHEDULE
Item To Be Performed Party Time to Perform / Deadline Agreement Ref.

1. Execution of Purchase & Sale
Agreement (“PSA”) – “Effective
Date”
Both N/A

2. Escrow Opening Within 10 days of Effective Date 4.A

3. Purchase Price Deposit Within 10 days of Opening 3.A

4. Seller’s Delivery of Due Diligence
Documents
Within 20 days of Opening 4.E.(1)

5. Title Report Seller Later of: 30 days after Effective Date or Seller’s Notice of New Parcel

4.E.(2)

6. Surplus Land Act Compliance Seller 30 days after Opening 4.E.(3)

7. Contingency Date Both Later of: 60 days after Opening or 60 days after Seller’s Notice of New Parcel

4.E.(1)

8. Building Permits Ready to Issue
Except for Fees
Buyer Prior to Closing 4.E.(7)

9. Financing Plan to Seller for Review Buyer Prior to Closing 4.E.(5)

10. Project Construction Contracts to
Seller for Review
Buyer Prior to Closing 4.E.(6)

11. Evidence of Cadillac Franchise to
Seller
Buyer Prior to Closing 4.E.(8)

12. Parcel Merger Seller Prior to Closing 4.E.(9)

13. Parties’ Acceptance of SCE Approvals
for Offsite Improvements
Both Prior to Closing 4.E.(10)

14. Balance of Purchase Price At Closing 3.B

15. Closing of Escrow Both No sooner than 2 days after all conditions precedent to the closing are satisfied, and
no later than 60 days after all conditions
precedent to the closing are satisfied

4.F.

16. Start of Construction Activities
(signified by grading and foundation
work)
Buyer Within 90 days of Closing 5.E

17. Offsite improvements Completed Seller To be determined in SCE Approval’s and Parties’ written agreement to be executed
as a condition precedent to the Closing

4.E.(10)

18. Project Construction Substantially
Complete (signified by temporary
certificate of occupancy)
Seller 30 Months after the Closing 5.E

19. Certificate of Completion (signified by
final Certificate of Occupancy)
Seller 36 Months after the Closing 5.E
39 Exhibit “D” to Purchase and Sale Agreement

DECLARATION OF CONSTRUCTION COVENANTS

RECORDING REQUESTED BY

AND WHEN RECORDED RETURN TO,
AND MAIL TAX STATEMENTS TO:

City of Buena Park
Attn: DIRECTOR OF COMMUNITY

DEVELOPMENT
6650 Beach Boulevard
Buena Park, CA 90622
Assessor’s Parcel No.:

This Agreement and Declaration of Land Use Covenants and Restrictions (“Declaration”) is entered into as of this ___ day of _____, 2024, by and between the CITY OF BUENA PARK, a California municipal corporation (“Seller”), and _________________ (“Buyer”), with reference to the following facts:

RECITALS
A. Seller and Buyer have entered into that certain Agreement for the Purchase and Sale of Real Property dated ________________, 2025 (“Purchase Agreement”), pursuant to which, and subject to the terms and conditions stated therein, Seller agreed to sell to Buyer and Buyer agreed to purchase from Seller that certain real property located at _______________, Buena Park, California (Orange County Assessor Parcel No. _____________ and legally described in Exhibit “A” hereto, the “Property”).

B. As a material inducement and part of the consideration for Seller’s agreement to sell the Property to Buyer, and as a condition to the Closing of Escrow under the Purchase Agreement, Buyer and Seller agree to the terms and conditions of this Declaration.

NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is expressly acknowledged, and intending to be legally bound, Seller and Buyer (individually hereinafter at times a “Party” and jointly the “Parties”) agree as follows:

1. DEFINITIONS. All capitalized terms not defined herein shall have the meaning set forth in the Purchase Agreement.

2. NOTICE TO INTERESTED PARTIES OF CONSTRUCTION COVENANTS. The Purchase Agreement, a copy of which is available for inspection and copying at the Seller’s offices located 6650 Beach Blvd., Second Floor, Buena Park, California 91062, contains certain development covenants running with title to the Property, including but not limited to those set forth below (all section references are to the Agreement), with all such development covenants being expressly into this Declaration even if not listed below:
40 Section 5.A. of the Purchase Agreement provides:

A. The Project. As a material inducement for Seller’s agreement to sell the Property to Buyer, Buyer shall improve and develop the Property for use as a car dealership principally engaging in the sale of new Cadillac-branded vehicles, with the specific improvements to be developed and operated by Buyer on the Property to be consistent with the Development Entitlements and final building permits (“the “Project”).

Section 5.C. of the Purchase Agreement provides:

C. Changes to Financing Plan. Prior to the issuance of a Completion Certificate for the Project, any material change, modification, revision or alteration of the approved Financing Plan (including but not limited to any amendments or modifications to the Project Budget, or the commitment letter from any other lender) must first be submitted to and approved by Seller for conformity to the provisions of this Agreement. All approvals by Seller may not be unreasonably withheld. If not so approved, the approved Financing Plan shall continue to control. Following the issuance of a Completion Certificate for the Project, Buyer shall have no obligation to provide Seller with information or seek Seller approval with respect to any financing or refinancing related to the Project, the Property, or any portion thereof.

Section 5.E. of the Purchase Agreement provides:

Section 5.I. of the Purchase Agreement provides:

6. LIENS AND MORTGAGES
A. No Encumbrance Except for Development Purposes. Mortgages and deeds of trust, or any other reasonable method of security for appropriate modes of financing real estate construction and land development (“Deed of Trust”) are permitted to be placed upon Buyer’s fee interest in the Property but only for the purpose of securing loans approved by Seller pursuant to the approved Financing Plan or as otherwise provided in this Agreement. Buyer shall notify the Seller in advance of any form of financing that is secured by a Deed of Trust if Buyer proposes to enter into the same before issuance of a Release of Construction Covenants, and this limitation shall expire following Seller’s issuance of a Completion Certificate.

B. Holder Not Obligated to Construct Improvements. The holder of any mortgage, Deed of Trust, or other conveyance authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the Project or to guarantee such construction or completion. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement.

E. Right of Seller to Cure Deed of Trust Default. In the event of an uncured material default by Buyer of any Deed of Trust prior to recordation of a Release of Construction Covenants, and the holder of any such security interest has not exercised its option to complete the Project, after another advance written demand to Buyer and the holder of such security interest, that the default must be cured within an additional 30 days, Seller may cure the default prior to completion of any foreclosure. In such event, Seller shall be entitled to reimbursement from Buyer of all costs and expenses incurred by Seller in curing the default. Seller shall also be entitled to a lien upon the Property to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, deeds of trust or other security instruments executed for the sole purpose of obtaining funds to purchase and develop the Property as authorized herein.

10.D. of the Purchase Agreement states:

D. Buyer Breach after Closing and Prior to Completion Certificate. In the event Buyer, after Closing and prior to Seller’s issuance of a Completion Certificate, fails or declines to pursue development of the Project as required by this Agreement, or otherwise breaches a material provision hereof, and Buyer fails to cure such breach within thirty (30) days after receipt of written notice from Seller, or if the cure takes longer than thirty (30) days, if Buyer fails to commence to cure such breach within said 30 day period and diligently pursues the cure without interruption until complete, then, in addition to pursuing any other rights or remedies which Seller may have at law or in equity, Seller may, at Seller’s option, exercise the rights set forth in this Section 10.D by giving notice, in writing, of such election to Buyer.
1) Reversion to Seller. Upon an uncured default of Buyer described in Section 10.D, Seller shall have the right to reenter and take possession of the Property and all improvements thereon, and to revest in Seller the estate of Buyer for such Property. From and after the issuance of a Completion Certificate for the Project and the Release of the Construction Covenants, the remedies set forth in this subsection shall no longer be available to Seller under any circumstance.

The recordation of the Release of Construction Covenants shall be conclusive evidence that the rights under this subsection have been terminated.
a) Upon revesting in Seller, Seller shall promptly use its best efforts to resell the Property for purposes consistent with the Zoning Code. Upon sale, the proceeds shall be applied as follows:
(i) First, to reimburse Seller for any reasonable costs it incurs in managing or selling the Property, including but not limited to amounts to discharge or prevent liens or encumbrances arising from any acts or omissions of Buyer or its contractors; (ii) Second, to Buyer up to the sum of the Purchase Price and the reasonable costs actually expended by Buyer in undertaking the development of the Project; and (iii) Any balance to the Seller.
b) The right of reverter contained in this Section 10.D(1) shall be set forth in the Construction Covenants.
c) Such right to revest the property to Seller, to the extent provided in this Agreement, shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit:
(i) Any approved Deed of Trust permitted by this Agreement; or (ii) Any rights or interest provided in this Agreement for the protection of the holder of such Deed of Trust.
2) Option to Repurchase; Reenter and Repossess. Upon an uncured default of Buyer described in Section 10.D above, Seller shall have the alternative right at its option to repurchase, reenter and take possession of any portion of the Property then owned by Buyer with all 44 improvements then-existing thereon. From and after the issuance of a Completion Certificate for the Project and the recordation of the Release of Construction Covenants, the remedies set forth in this subsection shall no longer be available to Seller under any circumstances. The recordation of the Release of Construction Covenants shall be conclusive evidence that the rights under this Section 10.D(2) have been terminated.
(a) Such right to repurchase, reenter and repossess, to the extent provided in this Agreement, shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit:
(i) Any approved Deed of Trust permitted by this Agreement; or (ii) Any rights or interest provided in this Agreement for the protection of the holder of such Deed of Trust.
(b) To exercise its right to repurchase, reenter and take possession with respect to the Property owned by Buyer, Seller shall pay to Buyer in cash an amount equal to:
(i) The Purchase Price paid to Seller for the Property; plus (ii) The reasonable costs actually expended by Buyer in constructing the Project at the time of the repurchase, reentry and repossession; less (iii) Any gains or income withdrawn or made by Buyer from the Property; less (iv) The value of any unpaid liens or encumbrances on the Property which Seller assumes or takes subject to said encumbrances.

E. Assignment of Project Plans. Upon a breach of this Agreement described in Section

10.D and Seller’s exercise of a right in Section 10.D(1) or Section 10.D(2), Buyer shall promptly deliver to Seller, within ten (10) days of such termination, copies of all plans and specifications for the Project, all permits and approvals obtained in connection with the Project, and all applications for permits and approvals not yet obtained but needed in connection with the Project (collectively, the "Project Documents"). To the maximum extent permitted under such documents or any applicable security instrument, the delivery of the Project Documents shall be accompanied by a standard form assignment of Buyer’s right, title and interest in the Project Documents; provided however, that any use of the Project Documents by Seller or any other person shall be without liability of any kind to Buyer and without any representation or warranty of Buyer or its employees as to the quality, validity, or usability of the Project Documents.

4. TERM OF DECLARATION. This Declaration and Seller’s rights and remedies set forth herein and the Agreement shall expire and terminate upon the issuance of a final certificate of occupancy for the Project. Following the issuance of such final certificate of occupancy Seller shall execute a standard form release and reconveyance that may be recorded by Buyer to remove this Declaration from title.
45 5. MISCELLANEOUS
(a) Recording. This Declaration shall be recorded as a condition of and at the Closing of Escrow for Buyer’s purchase of the Property from Seller, and shall be recorded junior only to the grant deed by which Buyer takes title except as subordination to construction financing is contemplated in the Agreement.
(b) Amendments. This Declaration may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records of Orange County. (c) No Waiver. Any waiver by Seller of any term or provision of this Declaration must be in writing. No waiver shall be implied from any delay or failure by Seller to take action on any breach or default hereunder or to pursue any remedy allowed under this Declaration or applicable law. No failure or delay by Seller at any time to require strict performance by Buyer of any provision of the Agreement or this Declaration or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. (d) Notices. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested or (iii) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different complete address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.

To Seller: City of Buena Park
Buena Park City Hall
ATTN: City Manager
6650 Beach Boulevard
Buena Park CA 90622
With Copy To: Christopher G. Cardinale, City Attorney

ALVAREZ-GLASMAN & COLVIN
13181 Crossroads Pwky North – Suite 400
City of Industry, CA 91746
To Buyer: Simpson & Simpson Holdings, LLC
ATTN: David Simpson
6600 Auto Center Drive
Buena Park, CA 90621
With Copy To: Ronald S. Hodges, Esq.

Goe Forsythe & Hodges
46 17701 Cowan, Suite 210
Irvine, CA 92614
(e) Action by Seller. Except as may be otherwise specifically provided herein or limited by law, whenever any approval, notice, direction, consent or request by Seller is required or permitted under this Declaration, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council.
(f) Governing Law; Venue. This Declaration shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Orange County, California. (g) Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.
(h) Severability. If any provision of this Declaration is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

IN WITNESS WHEREOF, the Parties have executed this Agreement and Declaration of Restrictive Covenants as of the date first written above.

BUYER: SELLER:

SIMPSON & SIMPSON HOLDINGS, LLC
By: _______________________
David A Simpson,
Manager
CITY OF BUENA PARK, a California
municipal corporation
By: ________________________
Aaron France,
City Manager
47 Construction Covenants - EXHIBIT A
Legal Description of Property
[ADD NEW PARCEL LEGAL DESCRIPTION WHEN AVAILABLE]
City of Buena Park
City Council Regular Meeting Agenda Report
D. ORDINANCE AMENDING CHAPTER 16.08 OF THE BUENA PARK MUNICIPAL CODE TO INCREASE FINE AMOUNTS FOR ILLEGAL FIREWORKS AND APPROVAL OF A 4TH OF JULY/FIREWORKS WATER BILL INSERT The City Council will consider amending Chapter 16.08 of the Buena Park Municipal Code to increase the fines for illegal fireworks.

Meeting
Tuesday, April 22, 2025, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5D.

Prepared By
Christopher G. Cardinale, City Attorney
Approved By
Aaron France, City Manager
Presented By
Christopher G. Cardinale, City Attorney

RECOMMENDED ACTION
1) Adopt (by 4/5 vote) or introduce (by a majority vote) an Ordinance amending Chapter 16.08 of the Buena Park Municipal Code to increase penalties associated with illegal fireworks; and 2) Approval of a 4th of July/Fireworks water bill insert.

PREVIOUS CITY COUNCIL ACTION
Over the past few years, there has been aItem growing concern in the community regarding the dangers to persons and property created by the use of illegal fireworks in the City of Buena Park ('City'), and the City Council has taken up this issue on various occasions.

In 2021, the Buena Park City Council established an ad hoc committee to investigate problems and concerns with fireworks, propose potential solutions and recommendations, and survey best practices being used by other Orange County cities to address the issue. This effort also included a community survey made available to City residents from August 1, 2021 to September 29, 2021.

On October 26, 2021, the results of the survey and the report by the ad hoc committee were presented to the City Council, after which the City Council directed staff to prepare an ordinance increasing administrative fines related to fireworks incidents, create an educational campaign for illegal fireworks, and return to the City Council with information about increasing the fee for fireworks stand permits.

On April 12, 2022, the City Council adopted Ordinance No. 1703 amending Chapter 16.08 (Fireworks Sales) of the Buena Park Municipal Code to: (a) create social host liability for property owners allowing the discharge of illegal fireworks; and (b) increase administrative fines for discharging illegal fireworks to one thousand dollars ($1,000) per violation. During that meeting, the City Council also directed a public education campaign which staff initiated in early June 2022 to increase public awareness about the dangers of illegal fireworks and the City’s newly-adopted penalties for illegal fireworks usage.

On March 25, 2025, the City Council received a study session presentation at the request of Council Member Sonne regarding options for increasing fines for unlawful fireworks activities. Staff presented a summary of fireworks regulations and penalties enforced in other municipalities and the City Council directed staff to prepare and return with a draft ordinance that increases fines for violations of the Buena Park Municipal Code’s prohibition on illegal fireworks.

DISCUSSION
California law separates fireworks into two general categories: “dangerous” and “safe and sane” fireworks (Cal.

Health & Saf. Code §§ 12500 et seq.).
“Dangerous” fireworks are generally illegal in California and are characterized by explosions and air-borne projectiles. Under state law, the possession or discharge of dangerous fireworks is a misdemeanor punishable by a fine of between $1,000 and $2,000 per violation with fines increasing to as much as $100,000 for possessing large quantities of illegal fireworks.

In contrast “safe and sane” fireworks, which are considered less dangerous to individuals and pose less of a risk of causing fire and damage to property, are permitted under California law to be bought, sold and discharged for private use. However, California law allows cities and counties to enact local ordinances that further regulate or prohibit the sale, use, or discharge of safe and sane fireworks within their jurisdictional limits. Local communities take different approaches to fireworks regulations: approximately 33% of cities in Orange County (11 of the 34) – including the City of Buena Park – allow the sale and discharge of “safe and sane” fireworks in the weeks before or after the July 4th Holiday, while all other cities in Orange County prohibit the sale or use of all fireworks.

Specific to Buena Park, Title 16 (“Fire Safety”), Chapter 16.08 (“Fireworks Sale”) of the Buena Park Municipal Code allows the sale of "safe and sane" fireworks (as defined in Section 12529 of the California Health and Safety Code) between the hours of 10 a.m. and 10 p.m. during the days of July 1st, July 2nd and July 3rd; and between the hours of 10 a.m. and 9 p.m. on July 4th. Additionally, in any year where July 4th is on a Wednesday, safe and sane fireworks may be sold on the additional day of June 30th between the hours of 10 a.m. and 10 p.m. Consistent with California law, Buena Park prohibits the personal possession, use, and discharge of “dangerous” fireworks, and prohibits private property owners from allowing others to discharge illegal fireworks on their property. Currently, any person found to have violated Chapter 16 is subject to a fine of $1,000 per violation.

Consistent with the City Council’s discussion and direction at the March 25, 2025, study session, staff has prepared and now presents an ordinance that would increase these penalties as follows:

Fines for the possession or discharge of illegal fireworks would be increased from $1,000 per violation, to $1,000 for a first violation, $2,000 for a second violation, and $3,000 for a third and each subsequent violation within a 36-month period; and
Fines for any “social host” that allows the discharge of illegal fireworks on their property would be increased from $1,000 per violation, to $2,000 for a first violation, $4,000 for a second violation, and $6,000 for a third and each subsequent violation within a 36-month period.

These updated fine amounts are consistent with those enacted in other California communities with a goal of deterring and combating the negative impacts of unlawful fireworks activities, including: excessive noise levels creating harm to sensitive populations, pets, and the environment; damage to personal property; health and air quality risks; creating fire hazards particularly in moderate, high, or extreme fire risk areas; and straining the resources of law enforcement officers and diverting the resources of emergency personnel from other priorities.

If approved by the City Council, the ordinance would become effective in 30 days and be enforceable as of the upcoming summer holiday season. Staff is prepared to initiate outreach efforts to ensure the community is aware of the new fines together with education about the dangers of illegal fireworks. As part of these outreach efforts, staff is requesting approval of the proposed water bill insert that would publicize the dangers of fireworks and inform the public of the new fine structure prior to the holiday.

BUDGET IMPACT
There is no direct General Fund impact associated with this ordinance, but there are personnel, administrative, and overtime costs associated with identifying and enforcing violations of Chapter 16.08. These costs will be partially offset by collecting fines related to a violation of any of the prohibited actions. The water bill insert will be funded within the adopted budget.

Attachments
DRAFT Ordinance_ Fireworks Ord. 2025 (clean).pdf
Fireworks2025_FullPageFlyer.pdf
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA AMENDING CHAPTER 16.08
(FIREWORKS SALES) OF THE BUENA PARK MUNICIPAL CODE
BY ADDING SECTIONS 16.08.120 (SOCIAL HOST LIABILITY)
AND 16.08.130 (PENALTIES FOR VIOLATION)
A. RECITALS
(i) The City of Buena Park (“City”) is a California charter city with plenary authority over all “municipal affairs,” and the broad “police powers” vested by California’s Constitution, pursuant to which it may make and enforce laws necessary to protect and preserve the health, safety, and welfare of residents, subject only to enactments by the California Legislature on matters of “statewide concern.”
(ii) Consistent with that authority and the City’s police powers set forth under the California Constitution Article XI, Section 7 and California Health & Safety Code Section 12541, the City has authority to regulate the sale of fireworks within the City. (iii) Under California law, fireworks are divided into two (2) categories: “dangerous” and “safe and sane” fireworks (Cal. Health & Saf. Code §§ 12500 et seq.). (iv) Only “safe and sane” fireworks are sold in California for private use because they are considered less dangerous to individuals and pose less of a risk of causing fire and damage to property since such fireworks do not fly, explode, shoot projectiles, travel, or leave the ground, and such fireworks usually exclude very large fireworks or other dangerous devices like rockets and aerial shells.
(v) Title 16 (Fire Safety), Chapter 16.08 (Fireworks Sale) of the Buena Park Municipal Code (“BPMC”), prohibits the sale of safe and sane fireworks (as defined in Section 12529 of the California Health and Safety Code) except between the hours of ten a.m. and ten p.m. during the days of July 1st, July 2nd and July 3rd, and ten a.m. and nine p.m. during the day of July 4th. In addition, in any year where July 4th is on a Wednesday, safe and sane fireworks may be sold on the additional day of June 30th between the hours of ten a.m. and ten p.m. (vi) The City has long prohibited the personal possession, use, and discharge of “dangerous” fireworks, which are defined as all fireworks other than those fireworks defined as “safe and sane” under California Health and Safety Code section 12529. (vii) Despite the City’s regulations on “safe and sane” fireworks and prohibition on the use of dangerous fireworks, the City has observed increased incidents and received an increased number of citizen complaints relating to unlawful fireworks in recent years, with observations and complaints associated with excessive noise levels, damage to property, risks the health and safety of residents, creating a fire hazard, and straining the resources of law enforcement officers while simultaneously diverting the resources of emergency personnel from other priorities.

ORDINANCE NO. ______

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Buena Park City CouncilApril 22, 2025

Buena Park City Council
April 22, 2025