Golden State Water Company 630 E Foothill Blvd, San Dimas, CA 91773 319029172.3
April 18, 2024
Applicant
City of Gardena
1700 W. 162nd Street
Gardena, CA 90247
Attn: Kevin Kwak
Reference: GSWC Job No. 25032939 Southwest System
Enclosed are two copies of an agreement for the installation of domestic, irrigation, fire services (collectively, “Facilities”) as delineated on our Construction plan Exhibit A attached hereto. The installation of the Facilities, which will be owned by Golden State Water Company (“Utility”), will be made only after the sewers have been installed, the curb and gutters completed, streets are at a final grade, but prior to the actual paving of the street.
All amounts advanced by Applicant under this letter agreement or otherwise in connection with the installation of the Facilities serve only as a deposit in advance of the costs and expenses Utility estimates it shall incur in connection therewith, and is not a guarantee that Utility’s total costs and expenses incurred shall not exceed such advanced amounts. Applicant acknowledges and agrees that it shall be responsible for and shall pay any shortfall between the amounts so deposited and Utility’s total costs and expenses within 10 days of invoice. Any shortfall not timely paid to Utility shall accrue interest at the rate of 10% per annum until paid.
Water conservation devices are required in compliance with local/state building codes and/or ordinances.
These may include, but are not limited to; Low volume flush toilets or toilets flush valves, low flow showerheads, low flow kitchen and lavatory faucets, and automatic controls on landscape irrigation systems - set for off peak operation. GSWC has identified the need for the installation of backflow prevention assemblies for your location as detailed in the enclosed Notice to Install (NTI) package.
Utility acknowledges receipt of your advanced funds in the amount of $2,500. This amount has been credited, leaving a balance due as of the date hereof in the amount of $184,252 due Utility. Additional amounts may be payable by Applicant based on final costs and expenses incurred by Utility.
If Applicant is in agreement with the conditions as outlined in this letter agreement, the enclosed agreement and all other agreements with Utility entered into in connection with the installation of the Facilities, please indicate applicant’s approval by signing and dating both copies of the enclosed agreement in the spaces provided and return both executed versions along with, a check in the amount of $184,252 and Applicant’s countersignature to this letter agreement and NTI acknowledgement to Utility at Golden State Water Company, 160 E Via Verde, Suite 100 San Dimas, CA 91773, Attn: New Business Department. We will then return one fully executed copy of the final contract to you for your files and authorize work to proceed.
Golden State Water Company 630 E Foothill Blvd, San Dimas, CA 91773 319029172.3
Note that the bid used for the enclosed agreement expires on 7/17/24 and therefore the enclosed agreement will expire at the same time . It is possible that this timeline may be extended with the written consent of the Facilities Contractor. Should you anticipate a need for an extension, please make your written request to Utility prior to the expiration date. A late response will require the project to be re -bid, the re-issuance of a revised agreement that may impact the estimated costs reflected herein, and delay the installation of the Facilities.
Failure to return Applicant’s countersignature to this letter agreement along with both executed versions of the enclosed agreement and the required check within 90 days of the date of this letter will constitute a default of this project and cancellation of the application . Any funds advanced by Applicant remaining from Applicant’s design deposit will be returned and the project will be closed . If you wish to proceed thereafter, a new application for service and non-refundable review fee will be required.
Sincerely,
GOLDEN STATE WATER COMPANY APPLICANT
BY_________________________________ ___________________________________ Ernest A. Gisler, P.E. Print Name Director of Planning, Operations
Engineering & Innovation ___________________________________ Signature
Date_______________________________
Golden State Water Company 630 E Foothill Blvd, San Dimas, CA 91773
Job No: 25032939
System: Southwest
GOLDEN STATE WATER COMPANY
AGREEMENT - (Non-Refundable)
Utility Golden State Water Company District: Southwest
630 E. Foothill Blvd
San Dimas, CA 91773
Applicant City of Gardena
1700 W. 162nd Street
Gardena, CA 90247
This letter will serve as an agreement between Applicant and Golden State Water Company (“Utility”) for the installation of water facilities at 1654 W 160 th St, as shown on Exhi bit A and described in Exhibit B, attached to and made a part of this Agreement (collectively, “Facilities”).
The portion of the Facilities described in Exhibit A and Exhibit B shall be installed by Utility.
Commencement of construction shall be at a time mutually agreeable and suitable to the construction schedules of both parties and shall progress to completion, except for conditions causing delay beyond either parties control.
The project has an estimated total value of $186,752. The Applicant shall advance the sum of $ 184,252 upon execution of this letter a greement, which represents the estimated cost of Applicant’s portion of the Facilities. This amount includes $2,500 previously advanced by Applicant.
All amounts advanced by Applicant under this letter agreement or otherwise in connection with the installation of the Facilities serve only as a deposit in advance of the costs and expenses Utility estimates it shall incur in connection therewith, and is not a guarantee that Utility’s total costs and expenses incurred shall not exceed such advanced amounts. Applicant acknowledges and agrees that it shall be responsible for and shall pay any shortfall between the amounts so deposited and Utility’s total costs and expenses within 10 days of invoice. Any shortfall not timely paid to Utility shall accrue interest at the rate of 10% per annum until paid.
In the event said costs and expenses are less than the estimated costs, Golden State Water Company agrees to refund to the Applicant the difference between actual construction costs and estimated cost.
If Applicant is in agreement with the conditions as outlined in this letter agreement and all other agreements with Utility entered into in connection with the installation of the facilities, please indicate Applicant’s approval by signing and dating both copies of the enclosed agreement in the spaces provided and return both executed versions along with a check in the amount of $184,252 to be advanced by Applicant and Applicant’s countersignature to this letter agreement to Utility at Golden State Water Company, 160 Via Verde, Suite 100, CA 91773, Attn: New Business Department. We will then return one fully executed copy of the final contract to you for your files and authorize work to proceed.
Golden State Water Company 630 E Foothill Blvd, San Dimas, CA 91773
Failure to return Applicant’s countersignature to this letter agreement and the required check within 90 days of the date of this letter will constitute a default of this project and cancellation of the application. If you wish to proceed thereafter, a new application for service and non-refundable review fee will be required.
This letter agreement is subject to any changes or modifications that may be presented by the Public Utilities Commission of the State of California.
Sincerely,
GOLDEN STATE WATER COMPANY APPLICANT
BY_________________________________ ___________________________________ Ernest A. Gisler, P.E. Print Name Director of Planning, Operations
Engineering & Innovation ___________________________________ Signature
Date_______________________________
319029346.3
February 12, 2024
City of Gardena
c/o Kevin Kwak
1700 W 162nd Street
Gardena CA 90247
NOTICE TO INSTALL
RE: Installation and Testing of Backflow Prevention Assemblies
The California Code of Regulations, Title 17, Ch apter V, Sections 7583 through 7605 as well as Public Law 99-339 of the Federal Safe Drinking Water Act Amendments of 1986 require that the community’s water supply be protected from pote ntial and/or actual contamination or pollution hazards. In conformance with st ate and federal health code regulations, the water supplier has the primary responsibility of preventing the degradation of the approved water supply.
Golden State Water Company (GSWC) is responsible for the prevention of contamination of our water system. This responsibility includes requiring protection of the water system at the meter from hazards potentially introduced through customer meters and customer facilities.
Our customers are responsible for preventing contaminants and pollutants from their internal water system (piping) from entering the public water system as required by GSWC as well as State and Federal Standards.
GSWC has identified the need for installation of backflow prevention assemblies at the following location:
Service Location: 1654 W 160
th St, Gardena
Project: WO 25032939
To maintain protection of our water supply, Golden State Water requires the installation of the following:
Water Use Backflow Prevention Assembly Type Quantity / Size Domestic Reduced Pressure Principle Assembly 1 – 4-inch Irrigation Reduced Pressure Principle Assembly 1 – 1-inch Fire Service Double Check Detector Assembly 1 – 4-inch
x GSWC requires the installation of reduced pressure principle (RP) backflow assemblies on the domestic and irrigation services to the facility in conformance to GSWC’s Standard Drawing P-35A (attached).
x GSWC requires the installation of an approved double check detector assembly (DCDA) on the fire service to this facility in conformance to GSWC’s Standard Drawing No. P35-B (attached). If chemicals or additives of any kind are to be used in the fire system, GSWC will require the installation of an RPDA.
The installed backflow prevention assemblies must be on the USC Foundation’s Approved List of Backflow Assemblies (www.usc.edu/dept/fccchr/list.html). The assembly must be tested upon installation, and annually thereafter, by a certified backflow prevention assembly tester. A Backflow Prevention Assembly Test and Maintenance Report (enclosed) must be completed and returned to [email protected]
If you need more information or have any questions, please feel free to contact Adrianna at (310) 977-7368 or [email protected]. Thank you for your cooperation.
Sincerely,
Lisa Miller
Water Quality Engineer
Cross Connection Control Specialist
Golden State Water Company
By signing below, you acknowledge that you have received and understand the requirements for installation and annual testing of backflow assemblies as described in this notice.
encl.: Standard Drawings No. P-35A, P-35B
Backflow Assembly Test and Maintenance Report
cc: T. Spearman, GSWC
GARDENA AQUATICS AND SENIOR CENTER
1654 W. 160th ST
1-4" DS (COM), 1-1" IRR, 1-4" FS & ABAND 3 SERVICES
CITY OF GARDENA, CALIFORNIAVICINITY MAP
N
LIST OF DRAWINGS
SHEET DRAWING DESCRIPTION
BLOCK SYMBOL DESCRIPTION
LEGEND
ASSET RETIREMENTS
NO. DESCRIPTION W.O./YEAR ESTIMATED QUANTITY UNIT ACTUAL QUANTITY Know what's
R
W a t e r C o m p a n y
GENERAL NOTES:
PROJECT
LOCATION
ExhibitA
2024.04.03
13:05:40-07'00'
PROP.
BUILDING
W. 160th ST
HARVARD BLVD
LA SALLE AVE
SEWER MH
INV IN= 37.84
INV OUT=37.64
Know what's
R
W a t e r C o m p a n y
N
CONSTRUCTION NOTES:
NOTE:
DETAIL 1
CONSTRUCTION NOTES: (CONT.)
DETAIL 1
OPTION 2 DETAIL
ExhibitA
2024.04.03
13:05:42-07'00'
Feet or Qty. Description Cost Company
Expenses
State & Federal
Tax @ 28%
Contingency @
10% Total Cost
1 Furnish and install 4‐inch fire service $ 18,000 $ 5,438 $ - $ 2,344 $ 25,782 1 Furnish and install 1‐inch irrigation water service with new meter box $ 6,000 $ 1,750 $ 2,170 $ 775 $ 10,695 1 Furnish and install 4‐inch large metered domestic service (for 4‐inch meter) with bypass (3‐inch and larger) $ 60,000 $ 18,066 $ 21,858 $ 7,807 $ 107,731 1 Furnish and install 4‐inch meter for domestic service $ 10,000 $ 3,044 $ - $ 1,304 $ 14,348 3 Abandon existing small size service and remove meter box $ 3,000 $ 515 $ - $ 352 $ 3,867 1 Contractor shall follow pavement restoration requirements per City of Gardena STD $ 10,000 $ 3,044 $ - $ 1,304 $ 14,348 2 Furnish, install, maintain and remove the project
information sign $ 2,000 $ 648 $ - $ 265 $ 2,913 25 Furnish and install 8‐inch DIP $ 2,500 $ 713 $ - $ 321 $ 3,534 5 Furnish additional potholes for existing utilities not shown on the plans but marked by USA $ 2,500 $ 713 $ - $ 321 $ 3,534 TOTAL $114,000 $33,931 $24,028 $14,793 $186,752
Total 186,752$
Connection/Facilities Fees -$
Less Deposits Received (2,500)$
Total Funds Due to GSWC 184,252$
Exhibit B
Facilities To Be Installed By: Golden State Water
25032939
1654 W. 160th St, Gardena
GOLDEN STATE WATER COMPANY (U 133 W) Revised Cal. P.U.C. Sheet No. 8231-W 630 E. FOOTHILL BLVD. – P.O. BOX 9016
SAN DIMAS, CALIFORNIA 91773-9016 Cancelling Revised Cal. P.U.C. Sheet No. 7833-W
(To be inserted by utility) Issued By (To be inserted by P.U.C.) Advice Letter No. 1760-W R.J. SPROWLS Date Filed November 30, 2018 Decision No. President Effective January 1, 2018
Resolution No.
Rule No. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMER’S FACILITIES
A. General
1. Utility’s Responsibility
a. (1) In urban areas with dedi cated front streets, rear service roads, or public utility easements, the Utility will furnish and install the service (T) pipe, curb stop, meter and meter box at its own expense for t he purpose of connecting its distribution system to the customer’s piping, except for temporary services and as otherwise provided in Rule No. 15, Main Extensions. The service c onnection, curb stop, meter and meter box will be installed at a conv enient place between the property line and the curb, or inside the custom er’s property line where necessary.
Please refer to Section B of th is Rule No. 16 for any current charges for (N) service connections. (N)
(2) In areas which do not hav e dedicated front streets, rear service roads, or public utility easements t he utility will furnish and install the service pipe, curb stop, meter and me ter box as above provided but at a convenient point on or near t he customer’s property except for service beyond the service area.
b. The service connection will determine the point of delivery of water service to the customer.
2. Customer’s Responsibility
a. Condition Precedent to Receiving Service
The customer as a condition p recedent to receiving service shall:
(1) Furnish and lay the necessary piping to make the connect ion from the service connection to the place of consumption and shall keep such piping in good repair in a ccordance with such reasonable requirements of the utility as m ay be incorporated in its rules herein.
(2) Provide a main valve on the piping between the service connection and the point of customer use.
(3) Where service is render ed at or near the service area boundary for use beyond the service area, install, operate and maintain the fac ilities necessary to provide service.
( L )
(Continued)
GOLDEN STATE WATER COMPANY (U 133 W) Revised Cal. P.U.C. Sheet No. 8232-W 630 E. FOOTHILL BLVD. – P.O. BOX 9016
SAN DIMAS, CALIFORNIA 91773-9016 Cancelling Revised Cal. P.U.C. Sheet No. 7834-W
(To be inserted by utility) Issued By (To be inserted by P.U.C.) Advice Letter No. 1760-W R.J. SPROWLS Date Filed November 30, 2018 Decision No. President Effective January 1, 2018
Resolution No.
Rule No. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMER’S FACILITIES
(Continued)
2. Customer’s Responsibility
(4) Applicants requesting a new service connection, a new water meter or an (L) increase in the size of their existing service connection and/or existing water meter resulting in increased dem and within the Santa Maria Customer Service Area, as defined on the Service Area Maps, must provide a source (L) of supplemental water to offse t the increased demand, pursuant to the Court adopted Stipulation in Sant a Maria Valley Water Conservation District v. City of Santa Maria , et al. (and related actions), Lead Case No. CV770214, Superior Court of t he State of California, County of Santa Clara, in January 2008 and Commission Decision No. 13-05-11.
b. The customer’s piping shall extend to that point on the cu rb line or property line of easiest access to the utility from its existing distri bution system or requiring the least extension of the existing distribution mai n. The utility shall be consulted before installation thereof and its approval of l ocation secured.
3. Ownership and Absence of Rental Obligation Where Facilities Are on Premises of Customer. a. The service pipe, curb stop, meter, and meter box furnished by or on behalf of the utility and located wholly or partially upon a customer ’s premise are the property of the utility.
b. No rent or other charge will be paid by the utility where t he utility-owned service facilities are located on a customer’s premises.
4. Access to Premises of Customer
a. The utility shall at all reasonable hours have access to met ers, service connections and other property owned by it which may be located on custome r’s premises for purposes of installation, maintenance, operation or removal of the property at the time service is to be terminated. The customer’s system shoul d be open for inspection at all reasonable times to authorized representativ es of the utility.
b. Any inspection work or recommendations made by the utility or its agents in connection with plumbing or appliances or any use of water on customers premises, either as a result or a complaint or otherwise, will be made without charge.
5. Responsibility for Loss or Damages
a. The utility will not be responsible for any loss or damage caused by any negligence or wrongful act of a customer or of a customer’s authorized re presentatives in installing, maintaining, operating or using any or all applian ces, facilities or equipment for which service is supplied.
(Continued)
GOLDEN STATE WATER COMPANY (U 133 W) Revised Cal. P.U.C. Sheet No. 8233-W 630 E. FOOTHILL BLVD. – P.O. BOX 9016
SAN DIMAS, CALIFORNIA 91773-9016 Cancelling Revised Cal. P.U.C. Sheet No. 7835-W
(To be inserted by utility) Issued By (To be inserted by P.U.C.) Advice Letter No. 1760-W R.J. SPROWLS Date Filed November 30, 2018 Decision No. President Effective January 1, 2018
Resolution No.
Rule No. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMER’S FACILITIES
(Continued)
5. Responsibility for Loss or Damages (continued)
b. The customer will be held resp onsible for damage to utility’s meters and other property resulting from the use or operation of appliances and facilities on customer’s premises, inclu ding but not limited to damage caused by steam, hot water, or chemicals.
B. Services
1. Charges for Service Connections
Except as provided in subparagr aphs (a), (b), (c) or (d) below, the utility shall make no charge to the customer for ma king a service connection except in case of connections for private fire protection service, connections f or temporary service, changes made at the request and for the convenience o f the customer, where additional connections are requested because of division s of land ownership when the land before division wa s receiving service, and as otherwise provided in the utility’s main extension rules.
a. Individual Customer Connecti on Fee. A Class A utility district or subsidiary (T) serving 2,000 or fewer connec tions, may accept connection fees from individual customers as Contributions (a s defined in Rule 15, Section E) calculated pursuant to the Commission’s Connection Fee Data Form (or equivalent) contained in the Utility’s tariffs (including a collection of an Income Tax Component of Contribution [“ITCC”] [also known as a “tax gross-up”] pursuant to Rule 15). ( T )
b. In lieu of paying a connect ion fee, an applicant for a service connection may (T) retain a licensed contractor , qualified in the judgment of the utility, to install the service connecti on. Cost to the Utility of inspection and supervision (T) of the installation, including an ITCC pursuant to Rule 15, shall be paid by the (T) applicant. The applicant shall pr ovide the utility with a statement of actual construction cost i n reasonable detail. The amount shall be treated as a Contribution to the Utility. T he installation shall be in accordance with plans (T) and specifications of the Utility. (T)
c. Individual Customer Facilitie s Fee. A Class A utility district or subsidiary (T) serving 2,000 or fewer connec tions, may accept from individual customers amounts in contribution as a fac ilities fee calculated pursuant to tariffs approved by the Commission (including a collection of an ITCC pursuant to Rule 15). (T)
(Continued)
GOLDEN STATE WATER COMPANY (U 133 W) Revised Cal. P.U.C. Sheet No. 8234-W 630 E. FOOTHILL BLVD. – P.O. BOX 9016
SAN DIMAS, CALIFORNIA 91773-9016 Cancelling Revised Cal. P.U.C. Sheet No. 7836-W
(To be inserted by utility) Issued By (To be inserted by P.U.C.) Advice Letter No. 1760-W R.J. SPROWLS Date Filed November 30, 2018 Decision No. President Effective January 1, 2018
Resolution No.
Rule No. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMER’S FACILITIES
B. Services
1. Charges for Service Connections (continued)
d. Connection Fees. This fe e is applicable to all new service in the following districts:
District Facilities Fee
Bay Point $2,050 per residential lot
Clearlake $2,500 per residential lot
These fees, and corresponding IT CC, are for a 5/8 x 3/4” meter. (T) The districts and applicable fees and ITCC by meter size are shown below: (T) (I)
CONNECTION FEES
Bay Point
ITCC @
28%
Total
Charge Clearlake
ITCC @
28%
Total
Charge
5/8" x 3/4” $2,050 $574 $2,624 $2,500 $700 $3,200
3/4" $3,075 $861 $3,936 $3,750 $1,050 $4,800
1" $5,125 $1,435 $6,560 $6,250 $1,750 $8,000
1 1/2" $10,250 $2,870 $13,12 0 $12,500 $3,500 $16,000 2" $16,400 $4,592 $20,992 $20,000 $5,600 $25,600
3" $30,750 $8,610 $39,360 $37,500 $10,500 $48,000
4" $51,250 $14,350 $65,600 $62,500 $17,500 $80,000
6" $102,500 $28,700 $131,200 $125,000 $35,000 $160,000 8" $164,000 $45,920 $209,920 $200,000 $56,000 $256,000 10" $235,750 $66,010 $301,760 $287,500 $80,500 $368,000 Fire Sprinkler 1" to 5/8" $2,132 $597 $2,729 $2,550 $714 $3,2 64 Fire Sprinkler 1" to 3/4" $3,106 $870 $3,976 $3,750 $1,050 $4 ,800 Fire Sprinkler 1 1/2" to 3/4" $3,506 $982 $4,488 $3,975 $1,11 3 $5,088 Fire Sprinkler 2 " to 3/4" $3,659 $1,025 $4,684 $4,050 $1,134 $5,184 Fire Sprinkler 1 1/2 " to 1" $5,535 $1,550 $7,085 $6,438 $1,8 03 $8,241 Fire Sprinkler 2" to 1" $5,6 89 $1,593 $7,282 $6,563 $1,838 $8 ,401 Fire Sprinkler 3" to 5/8" $4,241 $1,187 $5,428 $5,021 $1,406 $6,427 Fire Sprinkler 3" to 3/4" $5,251 $1,470 $6,721 $6,254 $1,751 $8,005 Fire Sprinkler 3" to 1" $7,2 84 $2,040 $9,324 $8,734 $2,446 $1 1,180 Fire Sprinkler 3" to 1 1/2" $12,195 $3,415 $15,610 $14,738 $4 ,127 $18,865 Fire Sprinkler 3" to 2" $18,252 $5,111 $23,363 $22,131 $6,197 $28,328 Fire Sprinkler 4" to 5/8" $4,896 $1,371 $6,267 $5,775 $1,617 $7,392 Fire Sprinkler 4" to 3/4" $5,907 $1,654 $7,561 $7,008 $1,962 $8,970 Fire Sprinkler 4" to 1" $7,940 $2,223 $10,163 $9,489 $2,657 $ 12,146 ( I )
( D )
(Continued)
GOLDEN STATE WATER COMPANY (U 133 W) Revised Cal. P.U.C. Sheet No. 8235-W 630 E. FOOTHILL BLVD. – P.O. BOX 9016
SAN DIMAS, CALIFORNIA 91773-9016 Cancelling Revised Cal. P.U.C. Sheet No. 7837-W
(To be inserted by utility) Issued By (To be inserted by P.U.C.) Advice Letter No. 1760-W R.J. SPROWLS Date Filed November 30, 2018 Decision No. President Effective January 1, 2018
Resolution No.
Rule No. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMER’S FACILITIES
(Continued)
B. Services (Continued)
1. Charges for Service Connections (Continued)
d. Connection fees (I)
CONNECTION FEES
Bay Point
ITCC @
28%
Total
Charge Clearlake
ITCC @
28%
Total
Charge
Fire Sprinkler 4" to 1 1/2" $12,850 $3,598 $16,448 $15,492 $4 ,338 $19,830 Fire Sprinkler 4" to 2" $18,908 $5,294 $24,202 $22,885 $6,408 $29,293 Fire Sprinkler 4" to 3" $31,405 $8,793 $40,198 $38,254 $10,71 1 $48,965 Fire Sprinkler 6" to 5/8" $6,444 $1,804 $8,248 $7,556 $2,116 $9,672 Fire Sprinkler 6" to 3/4" $7,455 $2,087 $9,542 $8,790 $2,461 $11,251 Fire Sprinkler 6" to 1" $9,488 $2,657 $12,145 $11,270 $3,156 $14,426 Fire Sprinkler 6" to 1 1/2" $14,398 $4,031 $18,429 $17,273 $4 ,836 $22,109 Fire Sprinkler 6" to 2" $20,456 $5,728 $26,184 $24,667 $6,907 $31,574 Fire Sprinkler 6" to 3" $32,953 $9,227 $42,180 $40,035 $11,21 0 $51,245 Fire Sprinkler 6" to 4" $52,798 $14,783 $67,581 $64,281 $17,9 99 $82,280 Fire Sprinkler 8" to 5/8" $7,287 $2,040 $9,327 $8,590 $2,405 $10,995 Fire Sprinkler 8" to 3/4" $8,298 $2,323 $10,621 $9,760 $2,733 $12,493 Fire Sprinkler 8" to 1" $10,331 $2,893 $13,224 $12,241 $3,427 $15,668 Fire Sprinkler 8" to 1 1/2" $15,241 $4,267 $19,508 $18,243 $5 ,108 $23,351 Fire Sprinkler 8" to 2" $21,299 $5,964 $27,263 $25,637 $7,178 $32,815 Fire Sprinkler 8" to 3" $33,797 $9,463 $43,260 $41,006 $11,48 2 $52,488 Fire Sprinkler 8" to 4" $53,641 $15,019 $68,660 $65,252 $18,2 71 $83,523 Fire Sprinkler 8" to 6" $103,343 $28,936 $132,279 $125,970 $3 5,272 $161,242 Fire Sprinkler 10" to 5/8" $11,162 $3,125 $14,287 $12,985 $3, 636 $16,621 Fire Sprinkler 10" to 3/4" $12,172 $3,408 $15,580 $14,218 $3, 981 $18,199 Fire Sprinkler 10" to 1" $14,206 $3,978 $18,184 $16,699 $4,67 6 $21,375 Fire Sprinkler 10" to 1 1/2" $19,116 $5,352 $24,468 $22,702 $ 6,357 $29,059 Fire Sprinkler 10" to 2" $25,173 $7,048 $32,221 $30,095 $8,42 7 $38,522 Fire Sprinkler 10" to 3" $37,672 $10,548 $48,220 $45,465 $12, 730 $58,195 Fire Sprinkler 10" to 4" $57,516 $16,104 $73,620 $69,710 $19, 519 $89,229 Fire Sprinkler 10" to 6" $107,218 $30,021 $137,239 $130,429 $ 36,520 $166,949 Fire Sprinkler 10" to 8" $167,874 $47,005 $214,879 $205,096 $ 57,427 $262,523 (I)
(D)
Sprinkler rates are for customers that require a larger meter due to fire code requirements.
GOLDEN STATE WATER COMPANY (U 133 W)
630 E. FOOTHILL BLVD. – P.O. BOX 9016
SAN DIMAS, CALIFORNIA 91773-9016
Revised Cal. P.U.C. Sheet No. 8401-W
Cancelling Revised Cal. P.U.C. Sheet No. 8236-W
Rule No. 16
Service Connections, Meters, And Customer’s Facilities
(Continued)
(To be inserted by utility) Issued By (To be inserted by P.U.C.) Advice Letter No. 1778-W R. J. Sprowls Date Filed July 3, 2019 Decision No. President Effective July 3, 2019
Resolution No.
B. Services (Continued)
1. Charges for Service Connections (Continued)
d. Connection fees (Continued)
These connection fees, and corresponding ITCC, are applicable in the Apple Valley and Morongo Valley Customer Service Areas to all applicants reque sting new service line and meter connection to the existing distribution system, not including the restoration of Services which were previously disconnected.
Specified
Maximum Flow
Rate
Ratio to a Capital
Meter Flow 5/8 x 3/4" Facilities ITCC Total
Size gpm Meter Charge @ 28% Charge
5/8 x 3/4" 20 1.0 $ 995 $ 279 $ 1,274
3/4" 30 1.5 $ 1,492 $ 418 $ 1,910
1" 50 2.5 $ 2,487 $ 696 $ 3,183
1-1/2" 100 5.0 $ 4,974 $ 1,393 $ 6,367
2" 160 8.0 $ 7,958 $ 2,228 $ 10,186
3" 320 16.0 $15,917 $ 4,457 $ 20,374
4" 500 25.0 $24,870 $ 6,964 $ 31,834
Over 4” (Determined on the same basis, but subject to available capacity.)
Service connection fees are to be considered as Contribution-in-Aid-Of-Construction and will be applied as a reduction to rate base to offset cost of capital expenditures for facilities necessitated by the addition of new customers to the existing system.
(T)
GOLDEN STATE WATER COMPANY (U 133 W) Revised Cal. P.U.C. Sheet No. 8237-W 630 E. FOOTHILL BLVD. – P.O. BOX 9016
SAN DIMAS, CALIFORNIA 91773-9016 Cancelling Revised Cal. P.U.C. Sheet No. 7839-W
(To be inserted by utility) Issued By (To be inserted by P.U.C.) Advice Letter No. 1760-W R.J. SPROWLS Date Filed November 30, 2018 Decision No. President Effective January 1, 2018
Resolution No.
Rule No. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMER’S FACILITIES
(Continued)
B. Services (continued)
2. Size of Service Pipe
a. The minimum size of service pipe installed by the utility will not be less than 3/4-inch nominal size.
b. The utility may require the customer to provide such data a s may be necessary for the utility properly to siz e a service larger than 3/4-inch nominal size consistent with pressure requirements.
3. Installation
Only duly authorized employees o r agents of the utility (or contractors, upon approval of the utility) will be permitted to install a service pipe from the utility’s main to the location of the se rvice connection. The connection from the meter to the customer’s piping will be made by the utility; provided, however, that if the customer’s piping requires r epair or replacement, the connection may, at the option of the utility, be made by the customer or his agent.
C. Cross-Connections
1. Protective Regulation
No physical connection between the potable water supply system of the public utility and that of any other water sup ply or source of actual or potential contamination will be permitted except in comp liance with the regulations of the State Water Resources Control Board (SWRCB ) contained in Title 17, Sections 7583-7605 of the California Code of Regulations under “Regulations Relating to Cross-Connections.”
2. Backflow Preventers Required
The utility will evaluate the degree of potential health hazard to the public water supply which may be created as a result of conditions existing on a u ser’s premises. As a minimum, the evaluation will consider: the existence of cross -connections, the nature of materials handled on the pr operty, the probability of a backflow occurring, the degree of piping system complex ity and the potential for piping system modification.
The utility may implement a Cross Connection Control Fee to administer the Cross- Connection Control Program as indicated on Schedule No. CCCF.
(Continued)
GOLDEN STATE WATER COMPANY (U 133 W) Revised Cal. P.U.C. Sheet No. 8238-W 630 E. FOOTHILL BLVD. – P.O. BOX 9016
SAN DIMAS, CALIFORNIA 91773-9016 Cancelling Revised Cal. P.U.C. Sheet No. 7840-W
(To be inserted by utility) Issued By (To be inserted by P.U.C.) Advice Letter No. 1760-W R.J. SPROWLS Date Filed November 30, 2018 Decision No. President Effective January 1, 2018
Resolution No.
Rule No. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMER’S FACILITIES
(Continued)
C. Cross-Connections (continued)
2. Backflow Preventers Required (continued)
The utility will require the inst allation of approved backflow preventers of required type under any of the following conditions:
a. Where a fresh water supply which has not been approved by t he SWRCB Division of Drinking Water is a lready available from a well, spring, reservoir or other source. ( If the customer agrees to abandon this other supply and agrees to remov e all pumps and piping necessary for the utilization of this su pply, the installation of backflow preventers will not be required.)
b. Where salt water, or water otherwise contaminated, is avail able for industrial or fire protection purposes at the same premises.
c. Where the premises are or may be engaged in industrial proc essing using or producing process waters or liquid industrial wastes, or wher e the premises are or may be engaged in handli ng sewage or any other dangerous substances.
d. Where fresh water hydrants o r other outlets are or may be installed on piers o r d o c k s .
e. Where the circumstances ar e such that there is special danger of backflow of sewage or other contaminated liquids through plumbing fixture s or water-using or treating equipment, or stor age tanks and reservoirs.
f. Premises that have internal c ross-connections that are not abated to the satisfaction of the utility or the health agency.
g. Premises where cross-connec tions are likely to occur and entry is restricted so that cross-connection inspecti ons cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.
h. Premises having a repeated h istory of cross-connections being established or re-established.
(Continued)
GOLDEN STATE WATER COMPANY (U 133 W) Revised Cal. P.U.C. Sheet No. 8239-W 630 E. FOOTHILL BLVD. – P.O. BOX 9016
SAN DIMAS, CALIFORNIA 91773-9016 Cancelling Revised Cal. P.U.C. Sheet No. 7841-W
(To be inserted by utility) Issued By (To be inserted by P.U.C.) Advice Letter No. 1760-W R.J. SPROWLS Date Filed November 30, 2018 Decision No. President Effective January 1, 2018
Resolution No.
Rule No. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMER’S FACILITIES
(Continued)
C. Cross-Connections (continued)
3. Type and Expense of B ackflow Preventers
Any backflow preventer utiliz ed shall be of the type and design specified and approved for the circumstances in Secti on 7604, Title 17 of the California Code of Regulations, except that a customer may utiliz e an approved backflow preventer providing greater protection than required by Sec tion 7604. Such backflow preventers shall be installed by and at the expense o f the customer, in a manner approved by the utility and the public health agency having jurisdicti on. Backflow preventers shall be installed as close as practical to the customer’s con nection to the utility and in a location which is readily available for periodic inspection.
Backflow preventers shall be te sted, repaired or replaced at the expense of the customer.
4. Periodic Testing o f Backflow Preventers
Whenever a backflow preventer i s installed, relocated, or repaired the customer shall have it tested by persons who have demonstrated their competen cy in testing of these preventers to the utility or heal th agency. Backflow preventers shall be tested at least annually or more frequently if determined to be necessary by the health agency of utility.
The utility shall notify the customer when testing of backflow preventers is needed.
The notice shall also inform the customer that, following the compliance date, the utility (N) may have all untested assemblies tested and, if needed, repaired or replaced. The costs of all testing, repair, or replacement will be borne by the customer, and the utility may add such costs to the customer’s water bill. In tenant-landlord situations, the utility shall not be responsible for determining the responsible party beyond notification of the customer of record. The notice shall give the date when the test must be completed. Reports of testing and maintenance shall be maintained by the utility for a minimum of three years.
Whenever a backflow prevention assembly is found to have failed, it must be repaired or replaced as soon as repair parts or a replacement assembly is available, but in no event later than the testing compliance date, or 20 days after testing, whichever comes first. If the assembly cannot or will not be repaired within 3 days of discovery of the failure, the backflow prevention assembly tester must notify the utility of the failure. In cases where the failed assembly presents an immediate risk to public health, the service will be discontinued until the repairs or replacement is completed. (N)
(Continued)
GOLDEN STATE WATER COMPANY (U 133 W) Revised Cal. P.U.C. Sheet No. 8240-W 630 E. FOOTHILL BLVD. – P.O. BOX 9016
SAN DIMAS, CALIFORNIA 91773-9016 Cancelling Revised Cal. P.U.C. Sheet No. 7842-W
(To be inserted by utility) Issued By (To be inserted by P.U.C.) Advice Letter No. 1760-W R.J. SPROWLS Date Filed November 30, 2018 Decision No. President Effective January 1, 2018
Resolution No.
Rule No. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMER’S FACILITIES
(Continued)
C. Cross-Connections (continued)
5. Refusal to Serve or Discontinuance of Service (L)
The utility may refuse o r discontinue service:
a. Until there has been instal led on the customer’s piping an approved backflow preventer of the requi red type, if one is required.
b. Where the utility has been deni ed access to the customer’s premises to make an evaluation.
c. Where the customer refuses to test a backflow preventer, or to repair or replace a faulty backflow preventer. (L)
d. Where there is a direct or indirect connection between the public water system and a sewer line.
e. Where there is an unprotect ed direct or indirect connection between the public water system and a system o r equipment containing contaminants.
f. Where there is an unprotect ed direct or indirect connection between the public water system and auxiliary water system.
g. When there is a situation wh ich presents an immediate health hazard to the public water system.
6. Pumps and Boosters
When a customer receiving se rvice at the utility’s main or service connection must, by means of a pump of any kind, increase the pressure of the wate r received, the pump shall not be attached to any pipe directly connected to the ut ility’s main or service pipe. Such pumping or boosti ng of pressure shall be done, at the option of the utility, either:
a. From a sump, cistern or storage tank which must be served t hrough an air gap connection, or
b. From a combination of an a pproved backflow preventer plus a device approved by the water utility to prevent the booster pump from drawing the utility’s system pressure below 20 psi.
( L )
(Continued)
GOLDEN STATE WATER COMPANY (U 133 W) Original Cal. P.U.C. Sheet No. 8241-W 630 E. FOOTHILL BLVD. – P.O. BOX 9016
SAN DIMAS, CALIFORNIA 91773-9016 Cancelling ______ Cal. P.U.C. Sheet No.
(To be inserted by utility) Issued By (To be inserted by P.U.C.) Advice Letter No. 1760-W R.J. SPROWLS Date Filed November 30, 2018 Decision No. President Effective January 1, 2018
Resolution No.
Rule No. 16
(Continued)
SERVICE CONNECTIONS, METERS, AND CUSTOMER’S FACILITIES
C. Cross-Connections (continued)
6. Pumps and Boosters (continued)
This requirement shall not apply to American Water Works Association (AWWA) Class 2 Fire (L) Protection systems, except as provided for in the information Bulletin issued by the Office of State Fire Marshall on December 10, 1984.
AWWA Class 2 fire protection systems have direct connections from public water mains only; no pumps, tanks or reservoirs, except that booster pumps may be installed in the connections from the street mains to the fire protection systems; no physical connection from other water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry well, or other safe outlets. (L)
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 19.A
Section: COUNCIL ITEMS
Meeting Date: May 14, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
RESOLUTION NO. 6664
, A Resolution of the City Council of the City of
Gardena California, In Support of An Enduring Ceasefire in Gaza , Ukraine, Haiti and the
Democratic Republic of Congo
COUNCIL ACTION REQUIRED:
Staff Recommendation: Discuss and Consider Adopting Resolution No. 6664 RECOMMENDATION AND STAFF SUMMARY:
During the April 9, 2024, City Council meeting, a directive was given to staff by Mayor Pro Tem Henderson and seconded by Councilmember Francis to prepare a resolution for the council to adopt in support of an enduring ceasefire in Gaza, Ukraine, Haiti and the Democratic Republic of Congo.
Attached for City Council consideration and adoption is Resolution 6664, which resolves that the City of Gardena City Council finds that the International Court of Justice has determined the plausibility of genocide and that Israel is in violation of the Genocide Convention. That the Gardena City Council condemns anti-Semitic, anti-Palestinian, anti-Arab, Islamophobic, and all xenophobic rhetoric and attacks. T
hat the Gardena City Council
condemns the continued
Russian invasion of Ukraine and honors the courage and spirit of the Ukrainian people in their resistance against unjust aggression. In addition, the Gardena City Council condemns the increasing violence, criminal activities, and human rights abuses and violations which undermine the peace, stability, and security of Haiti and the Democratic Republic of Congo.
FINANCIAL IMPACT/COST:
N/A
ATTACHMENTS:
RESOLUTION No. 6664.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
1 RESOLUTION NO. 6664
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GARDENA, CALIFORNIA, IN SUPPORT OF AN
ENDURING CEASEFIRE IN GAZA , UKRAINE, HAITI AND
THE DEMOCRATIC REPUBLIC OF CONGO
WHEREAS, the Gardena City Council recognizes that all human life is precious regardless of color, religion, ethnicity, or nationality; and the targeting of civilians is a violation of international humanitarian law and basic human morality; and
WHEREAS, since the horrific Hamas attacks of October 7, 2023, in which over 1,200 Israelis were killed and more than 240 taken hostage, over 30,000 Palestinians have been killed by the Israeli response and nearly 70,000 wounded, 70 percent of whom are women and children; and
WHEREAS, on October 26, 2023, the United Nations General Assembly adopted a resolution calling for an “immediate, durable and sustained humanitarian truce” between Israeli forces and Hamas militants in Gaza, and numerous other international humanitarian organizations have similarly called for a sustained ceasefire; and
WHEREAS, the International Court of Justice has determined the plausibility of genocide and that Israel is in violation of the Genocide Convention; and
WHEREAS, since February 24, 2022, tens of thousands of Ukrainian civilians – children, mothers, fathers, siblings, grandparents, and other human beings – have been killed by Russian military forces bombing and shelling of apartment buildings, private residences, hospital s, children’s schools and playgrounds, and other non -military locations in cities throughout the sovereign state of Ukraine; and
WHEREAS, the Russian Federation as the aggressor, has committed violations of human rights and war crimes against the Ukrainian people; and
WHEREAS, Ukraine is a sovereign, autonomous democratic state whose borders and territorial integrity cannot be changed by fo rce and whose citizens have an inherent right to make their country’s decisions and determine their country’s future; and
WHEREAS, following the assassination of President Jovenel Moïse in July 2021, Haiti has descended into a multidimensional crisis char acterized by political deadlock, extreme violence, and dire humanitarian conditions; and
WHEREAS, according to the Office of the United Nations High Commissioner for Human Rights, between January 1, 2023 and August 15, 2023, at least 2,439 people have been killed and a further 902 injured and 951 kidnapped; and
WHEREAS, according to the United Nations Integrated Office in Haiti the first DocuSign Envelope ID: CE860DD3-4D29-4D56-97CA-FB9187264A59 RESOLUTION NO. 6664
2 quarter of 2024 was the deadliest for Haitians with around 2,500 people killed or injured in gang violence , which amoun ts to a 53 percent increase in casualties from the previous reporting period, the most violent period since the United Nations Integrated Office in Haiti’s Human Rights Section started recording statistics in January 2022; and
WHEREAS, in the Democratic Republic of Congo, devastating protracted conflict has been ongoing for nearly thirty years, which has seen a considerable escalation since 2022. Since the conflict began in March 2022, approximately 1.6 million people have been displaced according to United Nations data; and
WHEREAS, in early 2024, the conflict in the Democratic Republic of Congo intensified further, particularly between the armed forces of the Democratic Republic of Congo and the armed rebel group M23 . Tensions are also rising between the Democratic Republic of Congo and Rwanda, with them blaming each other for supporting various armed groups. The Democratic Republic of Congo accuses Rwanda of backing M23.
WHEREAS, the escalation of conflict in the Democratic Republic of Congo has resulted in devastating consequences for civilians. People in the region are living in extremely precarious conditions, lacking access to basic necessities such as clean water, healthcare, and food. Additionally, the spread of cholera poses a significant threat, primarily due to the mass displacement of people;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA , CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE , that t he International Court of Justice has determined the plausibility of genocide and that Israel is in violation of the Genocide Convention.
BE IT FURTHER RESOLV ED, th at the Gardena City Council condemns anti- Semitic, anti-Palestinian, anti-Arab, Islamophobic, and all xenophobic rhetoric and attacks.
BE IT FURTHER RESOLV ED, that the Gardena City Council urges the Biden Administration, Senate, and Congress to cease being complicit in the genocide and work towards a permanent ceasefire, providing humanitarian aid, restoring funding to UNWRA, and the release of all hostages, detainees, and political prisoners.
BE IT FURTHER RESOLV ED, that the Gardena City Council condemns the continued Russian invasion of Ukraine and honors the courage and spirit of the Ukrainian people in their resistance against unjust aggression.
BE IT FURTHER RESOLVED, that the Gardena City Council condemns the increasing violence, criminal activities, and human rights abuses and violations which undermine the peace, stability, and security of Haiti.
BE IT FURTHER RESOLVED, that the Gardena City Council condemns the DocuSign Envelope ID: CE860DD3-4D29-4D56-97CA-FB9187264A59 RESOLUTION NO. 6664
3 increasing violence, criminal ac tivities, and human rights abuses and violations which undermine the peace, stability, and security of the Democratic Republic of Congo.
BE IT FURTHER RESOLV ED, that copies of this resolution be sent to President Biden, Vice President Kamala Harris, and to each member of the California Congressional delegation urging them to use their position to enact a sustained ceasefire in Gaza, Ukraine, Haiti and the Democratic Republic of Congo.
BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.
Passed, approved, and adopted this day of __ , 2024.
TASHA CERDA, Mayor
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
DocuSign Envelope ID: CE860DD3-4D29-4D56-97CA-FB9187264A59 14th
May
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 19.B
Section: COUNCIL ITEMS
Meeting Date: May 14, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
Consider Letter of Support for California Assembly Bill 2309 (Muratsuchi) Regarding Allowing Local Prosecution of Misdemeanors
COUNCIL ACTION REQUIRED:
Staff Recommendation: Approve Letter
of Support for AB 2309
RECOMMENDATION AND STAFF SUMMARY:
During the April 23, 2024, City Council meeting, a directive was given to staff by Mayor Cerda and seconded by Councilmember Love to prepare a letter of support for California Assembly Bill 2309 (Muratsuchi).
Current law allows city attorneys in general law cities or chartered cities to prosecute state law misdemeanors if they are provided consent by the county district attorney to do so. In December 2020, the Los Angeles District Attorney’s Office issued a Special Directive 20-07 titled, “Misdemeanor Case Management” which listed certain misdemeanor offenses that will be declined or dismissed before arraignment, unless “exceptions or factors for consideration” exist to proceed. These offenses include:
Trespassing
Disturbing the peace
Criminal threats
Drinking in public
Public intoxication
Driving without a valid license
Driving on a suspended license
Drug and paraphernalia possession
Minor in possession of alcohol
Loitering
Loitering to commit prostitution
Resisting arrest
As a result of this directive, some cities in Los Angeles County, including the City of Gardena, that rely on the District Attorney’s Office for the prosecution of their misdemeanors have explored avenues of handling their own prosecutions of misdemeanors by their city attorneys.
Several cities have made attempts to gain consent from the district attorney to be able to remove their requirement to have consent to prosecute misdemeanor offenses but the district attorney has denied such requests.
AB 2309 removes the requirement that cities receive consent from the District Attorney’s office in order to prosecute state misdemeanors and empowers cities to pass a local ordinance that restores autonomy to local governments by allowing a City Attorney to prosecute state misdemeanors to respond swiftly and appropriately to the public safety challenges they face.
FINANCIAL IMPACT/COST:
N/A
ATTACHMENTS:
AB 2309 Bill Text.pdf
AB 2309 Fact Sheet.pdf
AB 2309 Letter of Support.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
AMENDED IN ASSEMBLY APRIL 17, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2309
Introduced by Assembly Member Muratsuchi Members Muratsuchi and Pacheco
February 12, 2024
An act to amend Section 41803.5 of the Government Code, to amend Section 115885 of the Health and Safety Code, and to amend Section 633.05 of the Penal Code, relating to local government. legislative counsel’s digest
AB 2309, as amended, Muratsuchi. City attorne y: state la w:
misdemeanor.
(1) Existing
Existing law authorizes the city attorne y of any general law city or chartered city to, with the consent of the district attorney of that county, prosecute any misdemeanor committed within the city arising out of violation of state law, as specified.
This bill would remove the above-described consent requirement and, instead, would, notwithstanding the above-described authorization for city attorneys, authorize the city attorne y of an y general la w city or chartered city to prosecute any misdemeanor committed within the city arising out of violation of state law. The bill would make conforming changes. law, provided that the le gislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney. (2) Existing law makes violations of specified standards relating to public beaches by an y pri vate person a misdemeanor . Existing la w requires, subject to specified limitations, a health officer, as defined, to report any violation of those standards to the district attorney, or to the
Revised 4-24-24—See last page. 98
city attorney if the violation occurred in that city and the city attorney is authorized by the district attorne y of that county to prosecute an y misdemeanor committed within the city, as specified.
This bill w ould, instead, require a health officer to report the above-described violations to the district attorne y and city attorne y without the limitation described abo ve. By increasing the reporting obligations of a health officer, as specified above, the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes no. State-mandated local program: yes no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 41803.5 of the Government Code is line 2 amended to read:
line 3 41803.5. (a) With the consent of the district attorne y of the line 4 county, the city attorney of any general law city or chartered city line 5 within the county may prosecute an y misdemeanor committed line 6 within the city arising out of violation of state la w. This section line 7 shall not be deemed to af fect any of the pro visions of Section line 8 72193.
line 9 (b) In an y case in which the district attorne y is granted an y line 10 powers or access to information with regard to the prosecution of line 11 misdemeanors, this grant of powers or access to information shall line 12 be deemed to apply to any other officer charged with the duty of line 13 prosecuting misdemeanor char ges in the state, as authorized by line 14 law.
line 15 (c) Notwithstanding subdivision (a), the city attorne y of any line 16 general law city or chartered city may prosecute any misdemeanor line 17 committed within the city arising out of violation of state law , line 18 provided that the le gislative body of a city passes an or dinance line 19 granting that prosecutorial authority to the city attorney. 98 — 2 — AB 2309
line 1 (d) This section shall not be deemed to af fect any of the line 2 provisions of Section 72193.
line 3 SECTION 1. Section 41803.5 of the Government Code is line 4 amended to read:
line 5 41803.5. (a) The city attorne y of an y general la w city or line 6 chartered city may prosecute any misdemeanor committed within line 7 the city arising out of violation of state law. This section shall not line 8 be deemed to affect any of the provisions of Section 72193. line 9 (b) In an y case in which the district attorne y is granted an y line 10 powers or access to information with regard to the prosecution of line 11 misdemeanors, this grant of powers or access to information shall line 12 be deemed to apply to any other officer charged with the duty of line 13 prosecuting misdemeanor char ges in the state, as authorized by line 14 law.
line 15 SEC. 2. Section 115885 of the Health and Safety Code is line 16 amended to read:
line 17 115885. (a) The health officer ha ving jurisdiction o ver the line 18 area in which a public beach is created shall:
line 19 (1) Inspect the public beach to determine whether the standards line 20 established pursuant to Section 115880 are being complied with. line 21 If the health officer finds any violation of the standards, the health line 22 officer may restrict the use of, or close, the public beach or portion line 23 thereof in which the violation occurs until the standard is complied line 24 with.
line 25 (2) Investigate an y complaint of a violation of an y standard line 26 established by the department pursuant to Section 115880. If the line 27 health officer finds an y violation of the standards prescribed by line 28 the department, the health officer may restrict the use of, or close, line 29 the public beach or portion thereof until the standard is complied line 30 with. If the person who made the complaint is not satisfied with line 31 the action taken by the health officer, they may report the violation line 32 to the department. The department shall in vestigate the reported line 33 violation, and, if it finds that the violation e xists, it may restrict line 34 the use of or close the public beach or portion thereof until the line 35 standard violated is complied with.
line 36 (3) Whenever a beach is posted, closed, or otherwise restricted line 37 in accordance with Section 115915, inform the agency responsible line 38 for the operation and maintenance of the public beach within 24 line 39 hours of the posting, closure, or restriction.
98 AB 2309 — 3 —
line 1 (4) Establish a telephone hotline to inform the public of all line 2 beaches currently closed, posted, or otherwise restricted. The line 3 hotline shall be updated as needed in order to con vey changes in line 4 public health risks.
line 5 (5) Report any violation of the standards established pursuant line 6 to Section 115880 to the district attorne y, or if the violation line 7 occurred in a city, to a city attorney.
line 8 (6) In the e vent of a kno wn untreated se wage release, line 9 immediately test the w aters adjacent to the public beach and to line 10 take action pursuant to re gulations established under Sections line 11 115880 and 115881.
line 12 (7) Notwithstanding any other law, in the event of an untreated line 13 sewage release that is known to have reached recreational waters line 14 adjacent to a public beach, immediately close those w aters until line 15 it has been determined by the local health officer that the w aters line 16 are in compliance with the standards established pursuant to line 17 Section 115880.
line 18 (b) If the department is a ware of an untreated se wage release line 19 that has reached recreational w aters adjacent to a public beach, line 20 and that the local health officer has not tak en action to close the line 21 beach, it may take action to close those waters until the waters are line 22 in compliance.
line 23 (c) Any duty imposed upon a local public officer or agenc y line 24 pursuant to this section shall be mandatory only during a fiscal line 25 year in which the Legislature has appropriated sufficient funds, as line 26 determined by the State Public Health Officer, in the annual Budget line 27 Act or otherwise for local agencies to co ver the costs to those line 28 agencies associated with the performance of these duties. The State line 29 Public Health Officer shall annually, within 15 days after enactment line 30 of the Budget Act, file a written statement with the Secretary of line 31 the Senate and with the Chief Clerk of the Assembly memorializing line 32 whether sufficient funds have been appropriated. line 33 SEC. 3. Section 633.05 of the Penal Code is amended to read:
line 34 633.05. (a) Nothing in Section 632, 632.5, 632.6, or 632.7 line 35 prohibits a city attorney acting under authority of Section 41803.5 line 36 of the Go vernment Code, or an y person acting pursuant to the line 37 direction of one of those city attorneys acting within the scope of line 38 their authority, from overhearing or recording any communication line 39 that they could lawfully overhear or record.
98 — 4 — AB 2309
line 1 (b) Nothing in Section 632, 632.5, 632.6, or 632.7 renders line 2 inadmissible any evidence obtained by the above-named persons line 3 by means of o verhearing or recording an y communication that line 4 they could lawfully overhear or record.
line 5 SEC. 4. If the Commission on State Mandates determines that line 6 this act contains costs mandated by the state, reimb ursement to line 7 local agencies and school districts for those costs shall be made line 8 pursuant to Part 7 (commencing with Section 17500) of Division line 9 4 of Title 2 of the Government Code.
line 10
line 11
REVISIONS: line 12
Heading—Line 1. line 13
line 14
O
98 AB 2309 — 5 —
Last Updated: 1/31/2023
A S S E M B L Y M E M B E R A L M U R A T S U C H I
66 TH A S S E M B L Y D I S T R I C T
1021 O S TREET , S U I T E 53 10 S A C R A M E N T O , CA 9 5 8 1 4 3424 W. C A R S O N S TREET , S U I T E 450 T O R R A N C E , CA 90505 WWW . A 66. ASMDC . O R G
AB 2309 (Muratsuchi) – city attorney: state law: misdemeanor SUMMARY______________________________
AB 2309 removes the requirement that cities receive
consent from the District Attorney’s office in order
to prosecute state misdemeanors and allows city
attorneys to prosecute any state misdemeanor that
occurs within their city.
BACKGROUND__________________________
On December 7, 2020 , the Los Angeles District
Attorney’s Office issued Special Directive 20 -07
titled, “Misdemeanor Case Management.” The
directive listed misdemeanor charges that will be
declined or dismissed before arraignment unless
“exceptions” or “factors for considerati on” exist.
These crimes include:
Trespassing
Disturbing the peace
Criminal threats
Drinking in public
Public intoxication
Driving without a valid license
Driving on a suspended license
Drug and paraphernalia possession
Minor in possession of alcohol
Loitering
Loitering to commit prostitution
Resisting arrest
Following the directive by the Attorney General ’s
Office, multiple cities in Los Angeles County that
rely on the District Attorney’s Office to prosecute
crimes have been exploring ways to prosecute state
misdemeanors themselves.
The City of Manhattan Beach agreed to contract with
the City of Redondo Beach to provide prosecutorial
services – this is the same agreement that the City of
Hermosa Beach has had with the City of Redondo
Beach since 2014.
Despite multiple requests for consent to prosecute
state misdemeanors, the City of Manhattan Beach
has been denied consent by the District Attorney’s
Office.
ISSUES___________________________________
At its core, this is a local control issue. Cities possess a unique understanding of the public safety
challenges within their jurisdictions. However, in
California, many cities do not have the ability to
prosecute their own misdemeanors and must report
to the county’s District Attorney’s Office if a city
attorney does not have consent to prosecute
misdemeanors.
AB 2309 empowers our cities and restores autonomy
to local governments by allowing city attorneys to
prosecute state misdemeanors to respond swiftly and
appropriately to the public safety c hallenges they
face. Granting prosecutorial authority to cities is an
acknowledgment of their ability to tailor law
enforcement responses to the specific needs and
priorities of their communities.
SOLUTION_______________________________
AB 2309 removes the requirement that cities receive
consent from the District Attorney’s Office to
prosecute state misdemeanors and allows any city
attorney’s office to prosecute misdemeanors.
AB 2309 does not require a city to take on this
prosecutorial burden if the city prefers to have the
District Attorney’s Office continue to handle these
cases.
STAFF CONTACT_________________________
Carson Richards, Legislative Director
[email protected]
SUPPORT________________________________
City of Manhattan Beach (Sponsor)
May 14, 2024
Honorable Kevin McCarty
Chair, Assembly Committee on Public Safety
California State Assembly
Sacramento CA, 95822
RE: Assembly Bill 2309 (Muratsuchi) – SUPPORT
Dear Chair McCarty:
On behalf of the City of Gardena we write to inform you of our support for AB 2309 (Muratsuchi), which would allow a City Attorney to prosecute any state misdemeanor crime that occurs within their city, upon approval of a local ordinance.
At its core, this is a local control and parity issue. Cities possess a unique understanding of the public safety challenges within their jurisdictions. However, in California, many cities do not have the ability to prosecute their own misdemeanors and must defer to the county’s District Attorney’s Office. While charter cities can determine their own ability to prosecute these crimes through their own City Charter, general law cities like the City of Gardena cannot. AB 2309 seeks parity with this allowance by giving general law cities an ability to determine their own needs.
On December 7, 2020, the Los Angeles District Attorney’s Office issued Special Directive 20-07 titled, “Misdemeanor Case Management.” The directive listed misdemeanor charges that will be declined or dismissed before arraignment unless “exceptions” or “factors for consideration” exist.
These crimes include:
Trespassing
Disturbing the peace
Criminal threats
Drinking in public
Public intoxication
Driving without a valid license
Driving on a suspended license
Drug and paraphernalia possession
Minor in possession of alcohol
Loitering
Loitering to commit prostitution
Resisting arrest
As the negative impacts of this directive unfolded , multiple cities in Los Angeles County that rely on the District Attorney’s Office to prosecute crimes have been exploring ways to prosecute state misdemeanors themselves. However, no solution has been found, which is why we are now supporting AB 2309.
AB 2309 empowers cities to pass a local ordinance that restores autonomy to local governments by allowing a City Attorney to prosecute state misdemeanors to respond swiftly and appropriately to the public safety challenges they face. Granting prosecutorial authority to cities is an acknowledgment of their ability to tailor law enf orcement responses to the specific needs and priorities of their communities.
For the reasons listed above, the City of Gardena is supportive of AB 2309. For any questions regarding our position, contact the City Council office at 310-217-9507. Thank you for considering our position.
Sincerely,
CC: The Honorable Al Muratsuchi