City of Santa Paula
City Council
MAYOR JENNY CROSSWHITE
VICE MAYOR ANDY SOBEL
COUNCILMEMBER RICHARD ARAIZA
COUNCILMEMBER CARLOS JUAREZ
COUNCILMEMBER LESLIE CORNEJO
CITY COUNCIL REGULAR MEETING OF THE
SANTA PAULA CITY COUNCIL
WEDNESDAY, AUGUST 17, 2022
6:30 PM - City Council Regular Meeting
SANTA PAULA CITY HALL
970 VENTURA STREET
SANTA PAULA, CA 93060
JULIE LATSHAW, CITY CLERK
DAN SINGER, CITY MANAGER
JOHN C. COTTI, CITY ATTORNEY
City of Santa Paula - City Council - City Council Regular Meeting 1
BRINGING ITEMS BEFORE THE CITY COUNCIL
You are invited to participate in all Regular City Council meetings. Agendas are posted in the front of Santa Paula City Hall, 970 Ventura Street, Santa Paula, 72 hours in advance of the scheduled meetings. The City Council's regular meetings start at 6:30 p.m. the first and third Wednesday of each month in the City Hall Council Chambers located at 970 Ventura Street in Santa Paula.
HOW TO PARTICIPATE IN PERSON DURING THE MEETING: If you wish to speak at a City Council meeting, please fill out a Public Comment Form noting your name and address and submit the form to the City Clerk. Include the Agenda item number, when appropriate. Public comments are limited to 3 minutes.
1. Items Not on the Agenda: If you wish to discuss an item which is not scheduled on the Agenda, you may address the City Council during Public Comment. Please realize that due to the limitations placed on the City Council by provisions of the California Government Code, the City Council ordinarily cannot take action on any item that is not on the agenda. Because of these restrictions, expect that matters that you identify during public comment will be referred to staff or considered on a future agenda.
2. Agenda Items: Items being considered by the City Council may appear on the Consent Calendar, as an Action Item, or as a Public Hearing. Public comments on each type of item are handled differently, as explained below:
a. For items appearing on the Consent Calendar, please submit a Public Comment Form before the Council takes action on the Consent Calendar. Items that receive a Public Comment Form may be pulled from the Consent Calendar by the Mayor and discussed separately by the City Council.
b. For items appearing as an Action Item, the Mayor will announce the Agenda item and request the staff report, the staff member responsible will give a brief summary of the report; the City Council will have an opportunity to ask questions of staff; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); and the City Council will discuss the item and then take appropriate action.
c. For items on which a Public Hearing is scheduled, the Mayor will open the public hearing and receive the staff report; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); the City Council will discuss the item; and the Mayor will close the public hearing after City Council action.
HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence on any agenda item by sending an email to [email protected]. All public correspondence received by 3:00 p.m. (PT) on the meeting date will be provided to the legislative body before the meeting. Public Comments received after 3:00 p.m. will be provided to the legislative body the next day.
Your Participation in this meeting is in the public domain; meetings are cablecast; minutes of this meeting will reflect your participation in this meeting and are posted on the city’s website.
PLEASE NOTE: Be advised that if you bring a legal challenge to an action, you may be limited to raising only those issues you or someone else raised at the meeting described in this Agenda, or in written correspondence delivered to the City Council at or before the meeting.
Any action is subject to the ninety-day time period set forth in Code of Civil Procedure § 1094.6.
In compliance with the Americans with Disabilities Act, if you need special assistance to City of Santa Paula - City Council - City Council Regular Meeting 2
1. CALL TO ORDER
REMINDER: in order to minimize distractions during public meetings, all personal communication devices should be turned off or put in a non-audible mode.
2. INVOCATION
3. FLAG SALUTE
4. ROLL CALL
5. CLOSED SESSION REPORT
6. PRESENTATIONS
6.A PARKS & RECREATION DEPARTMENT ACTIVITY REPORT
RECOMMENDATION:
Staff recommends the City Council:
1. Receive and file the Parks & Recreation Department’s Activity Report for the period of April 1, 2022 to July 31, 2022.
Presented by: Gregory Barnes, Parks & Recreation Director
7. PUBLIC COMMENT
At this time, members of the public may comment on any item not appearing on the agenda that is within the subject-matter jurisdiction of the City Council. A Public Comment Form must be submitted to the City Clerk prior to the beginning of the Public Comment period in order to be recognized to speak. Individuals submitting Public Comment Forms after the beginning of the Public Comment period will not be allowed to speak at this time, but may be recognized to speak by the Mayor at the conclusion of the meeting. Individual Councilmembers may briefly respond to Public Comments or ask questions for clarification. The City Council may direct staff to report to the City Council on the item at a later meeting. For items appearing on the Agenda, the public will be invited to make comments at the time the item comes up for City Council consideration. If a member of the public wishes to address a Consent Calendar item, please submit a Public Comment Form for that item. It may then be discussed separately by the Council, and the public will be invited to make comments at that time. At all times, please use the microphone and write your name and address on the Public Comment Form provided.
8. CITY COUNCIL REPORTS
participate in this meeting, please contact the City Clerk at (805) 933-4208. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35, 102-35.104 ADA Title II). Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s office.
REGULAR MATTERS - COUNCIL CHAMBERS
City of Santa Paula - City Council - City Council Regular Meeting 3
9. CITY MANAGER REPORTS
10. CONSENT CALENDAR
Background information has been provided to the City Council on all matters listed under the Consent Calendar and these items are considered to be routine by the City Council and are normally approved by one motion. If discussion is requested by a Councilmember on any item, or a member of the public wishes to comment on an item, that item may be removed from the Consent Calendar for separate action.
10.A EXTEND APPROVAL TO HOLD VIRTUAL CITY COUNCIL, COMMISSION,
COMMITTEE, BOARD AND OTHER CITY BODIES, MEETINGS
PURSUANT TO AB361
RECOMMENDATION:
Staff recommends that the City Council:
1. Extend Approval to hold Virtual City Council, Commission, Board, and other City Bodies Meetings Pursuant to AB 361.
10.B JUNE 2022 WARRANTS AND CERTIFICATIONS
RECOMMENDATION:
Staff recommends that the City Council:
Review and accept the "Certification of Accounts Payable" for the accounts payable
payment cycles for June 2022, starting check number 331149 and ending check number
331468.
Review and accept the "Certification of Salaries" for the pay period ending dates June 3rd,
2022 through June 17th, 2022.
10.C JULY 2022 WARRANTS AND CERTIFICATIONS
RECOMMENDATION:
Staff recommends that the City Council:
Review and accept the "Certification of Accounts Payable" for the accounts payable
payment cycles for July 2022, starting check number 331469 and ending check number
331739.
Review and accept the "Certification of Salaries" for the pay period ending dates July 1st,
2022 through July15th, 2022.
10.D SECOND READING AND ADOPTION OF ORDINANCE NO. 1319
REGULATING PUBLIC DRINKING AT MILL PARK
RECOMMENDATION:
City of Santa Paula - City Council - City Council Regular Meeting 4 Adopt Ordinance No. 1319 to amend Santa Paula Municipal Code section 130.02 to require a permit to drink alcohol at Mill Park.
10.E RESPONSE TO GRAND JURY REPORT ENTITLED CYBERSECURITY OF
WATER PROVIDERS IN VENTURA COUNTY
RECOMMENDATION:
Staff recommends that the City Council:
Approve the response letter to the Ventura County Grand Jury and authorize the Mayor to sign the letter.
Presented by: Monica Castillo, Interim City Attorney
10.F THREE YEAR PROFESSIONAL SERVICES AGREEMENT WITH MKN AND
ASSOCIATES
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to execute a Three-Year Professional Services Agreement with MKN & Associates, Inc. to provide professional engineering consulting services on a time and materials basis for Water, Wastewater, Recycled Water and Stormwater Program Support in a form approved by the City Attorney, in the following fiscal year amounts:
1. FY 2022-2023: $ 836,042
2. FY 2023-2024: $1,267,783
3. FY 2024-2025: $ 447,140
10.G THREE YEAR PROFESSIONAL SERVICES AGREEMENT WITH GSI WATER SOLUTIONS, INC.
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Three-Year Professional Services Agreement (“PSA”) with GSI Water Solutions, Inc. (“GSI”) to Provide Groundwater Monitoring Services on a Time and Materials Basis for the Santa Paula Water Recycling Facility (“SPWRF”) in a form approved by the City Attorney in the Amount of:
a. $173,480 for FY 2022-2023
b. $170,446 for FY 2023-2024
c. $173,877 for FY 2024-2025
10.H
RESOLUTION 7417 AUTHORIZING THE ADOPTION OF THE VENTURA
COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN
RECOMMENDATION:
City of Santa Paula - City Council - City Council Regular Meeting 5 Adopt Resolution 7417 authorizing adoption of relevant portions of the Ventura County Multi-Jurisdictional Hazard Mitigation Plan.
11. PUBLIC HEARING
Verification of posting notice by City Clerk
Declaration of conflicts (if any)
Declaration of ex parte contacts (if any)
Open public hearing
Staff presentation
Discussion and action
Close public hearing
11.A
SECOND PUBLIC HEARING TO RECEIVE INPUT FROM THE
COMMUNITY REGARDING THE CREATION OF A DISTRICT-BASED
ELECTION SYSTEM
RECOMMENDATION:
Staff recommends the City Council:
1. Receive an updated presentation from staff and Dr. Daniel Phillips of National Demographic Corporation (NDC) regarding the process for developing options for City Council voting districts, to be implemented in November, 2024 (Exhibit A);
2. Provide staff and NDC direction regarding any optional criteria the City Council may want to consider in the development of voting district options; and
3. Conduct a public hearing to receive public input on district boundaries.
12. ACTION ITEMS
12.A CALIFORNIA CONSULTING GRANT WRITING SERVICES
RECOMMENDATION:
Staff recommends the City Council:
1. Receive a presentation from staff and our grant writing consultant, California Consulting, on grant activity for the past year and anticipated grant activities for the current year.
2. Approve Resolution 7418 amending the City's Operating and CIP budget for FY 22/23, decreasing the ARPA Employee Enhancements allocation by $42,000 dollars and increasing the ARPA professional services allocation by $42,000 dollars.
City of Santa Paula - City Council - City Council Regular Meeting 6
12.B CITY COUNCIL TERM LIMITS - LEGAL OVERVIEW AND POLICY
OPTIONS
RECOMMENDATION:
It is recommended that the City Council consider the information provided herein regarding City Council term limits and provide direction to staff.
13. ITEMS FOR FUTURE AGENDAS
13.A FUTURE AGENDA ITEMS
14. ADJOURNMENT
State of California )-
County of Ventura )- ss
City of Santa Paula )-
I declare under penalty of perjury that I posted this City Council Agenda on the bulletin board near the front door of City Hall, 970 Ventura Street, Santa Paula, California.
On_________________ at______________Signed:_________________________ Julie Latshaw
City Clerk
City of Santa Paula - City Council - City Council Regular Meeting 7 To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: PARKS & RECREATION DEPARTMENT ACTIVITY REPORT
Date: August 17, 2022
Agenda Item: 6.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends the City Council:
1. Receive and file the Parks & Recreation Department’s Activity Report for the period of April 1, 2022 to July 31, 2022.
Presented by: Gregory Barnes, Parks & Recreation Director BACKGROUND:
For the months of April 2022 through July 2022, the Parks and Recreation Department staff worked on and executed the following:
RECREATION & COMMUNITY SERVICES
April 9
th, the department held the annual Easter / Earth Day Event; leading up to the event, staff had a daily golden egg scavenger hunt all over town.
Established a P.A.L. Chapter in partnership with the police department.
On July 26
th 24 P.A.L. participants, 5 Explorers and 4 chaperones went on an excursion to the Ronald Reagan Library.
Hosted an 8 week t-ball season for youth ages 4-6; there were 88 participants – they all received a team photo and participation medal.
Partnered with the Santa Paula Unified School District to offer a free all day Summer Camp program. Served over 330 youth in grades K – 5.
Hosted three movie nights at various parks.
Youth Center is open daily and continues to serve youth ages 12-17; Santa Paula ACT program also continues to meet weekly and is conducting a city-wide survey. They plan to share their finding at a future City Council meeting.
Coordinated the 4
th of July Fireworks Show in partnership with the Rotary Club Fireworks Committee and other city departments & agencies: Santa Paula Police, Public Works, Ventura County Fire Department and California Highway Patrol.
Partnered with the Santa Paula Social Services Coalition to host the Spring Into Summer 8 Community Festival.
The Mobile Activity Center visited three parks this summer, offering free recreation programs to the community.
Staff Departures:
Michelle Tanaka
Beverly Ruiz
New Hires / Promotions:
Laura Andrade, Recreation Coordinator
Andres Rico, Recreation Coordinator
Nina Unzueta, Temporary Administrative Assistant
SENIOR SERVICES
There are over 90 seniors currently participating in our various classes & programs at the Senior Center: Mat Yoga, Chair Yoga, Knitting Club, Zumba, Creative Writing, Walking Club, Coffee Club, Eat Healthy / Be Active Class, New Enhanced Fitness, Tai Chi and the Legal Info for Seniors Class.
On May 4
th, the Senior Center hosted their annual Senior Fair; 160 seniors attended.
Elizabeth Castaneda, Senior Coordinator retired in May. Katherine Herrera has been hired as the Interim Senior Coordinator. The position is currently open for recruitment.
Four Movie Days have been offered with an average of 20-25 seniors attending and as always the Optimist Club provided free popcorn to all in attendance.
The always popular senior luncheons have been well attended with an average of 130 seniors at each event. Themes for the last few luncheons have been: Easter, Cinco de Mayo, Dodger Day, and the 4
th of July.
Senior Nutrition Program
The Senior Nutrition Program served 3,507 congregate meals and delivered 4,598 meals to homebound seniors during the months of March – June 2022.
A total of 407 seniors served to date.
Total number of meals served for FY 21-22 : 22,125
PARKS & FACILITIES
Responded to 1,624 work orders. 354 of those were graffiti related.
Tree Maintenance
Started the Fagan Barranca / Teague Park Eucalyptus Tree Project (Funded by CalFire)
16 Trees pruned at Teague Park
59 Trees removed at Fagan Barranca
Removed an Oak Tree at Mill Park
Trees removed: 60
Trees pruned: 19
Trees planted: 7
9 Completed the insulation project of the Fleet Services building.
Installed new thermostats throughout the Community Center to assist with climate control and reduce energy consumption.
Advertised for bids for three projects:
Boys & Girls Club restroom remodel
Teague Park Prefabricated Restroom Project
City Wide Landscaping Services
Installed new HVAC units on the Community Development building.
Continued to water the newly planted trees throughout the City.
Partnered with CalFire to provide weed abatement to various City properties.
Completed the tree root spading and installation of the metal crates along Main Street.
Installed new safety lighting at the Boys & Girls Club, along with some additional interior repairs.
Solicited bids for a city wide tree inventory. Bid awarded to Mariposa Tree Care Services – scheduled to begin September 1
st
.
Continued to rehab / remodel the Caretaker’s House.
COMMISSIONS & COMMITTEES
The Recreation Commission and the Senior Advisory Committee are meeting monthly. The Harding Park Advisory Board continues to meet every other month.
New Commissioners & Committee Members:
Parks & Recreation Commission:
Brad Williams
Senior Advisory Committee:
Bruce Archer
There is currently three (3) vacancies on the Recreation Commission.
Staff brought forward to City Council Ordinance No. 1318 amending the Municipal Code to allow for two youth to serve on the Recreation Commission, making the Recreation Commission a seven (7) member panel.
FACILITY RENTALS
Community Center - 12
Cultural Arts Building - 0
Train Depot - 0
PARK RENTALS & RESERVATIONS
Teague Park: 98
Las Piedras Park: 57
McKevett Park: 44
10 Harding Park: 568
Recreation Park: 8
PERMITS, BANNERS & OTHER TRANSACTIONS
Special Event Permits: 13
Film Permits: 0
Jolly Jump Permits: 3
Main Street Banners: 2
Teague Park Banners: 4
Channel 10 Ads: 1
UPCOMING PROGRAMS, EVENTS & PROJECTS
Mariachi Fundraiser September 24
th
Halloween Carnival October 28
th
ANALYSIS:
STRATEGIC PLAN:
FISCAL IMPACTS:
OPTIONS:
ATTACHMENTS:
11 To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: EXTEND APPROVAL TO HOLD VIRTUAL CITY COUNCIL,
COMMISSION, COMMITTEE, BOARD AND OTHER CITY BODIES,
MEETINGS PURSUANT TO AB361
Date: August 17, 2022
Agenda Item: 10.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Extend Approval to hold Virtual City Council, Commission, Board, and other City Bodies Meetings Pursuant to AB 361.
BACKGROUND:
With the expiration of the Governor's Executive Order, the Governor signed into law Assembly Bill 361. Effective October 1, 2021, AB 361 allows local governments to continue to conduct remote virtual meetings so long as there is a state-proclaimed state of emergency and the legislative body makes mandatory findings.
On October 6, 2021, the Council unanimously voted to continue virtual City Council meetings under AB 361 by adopting Resolution No. 7369. In November, however, the Council returned to in-person meetings and allowed Resolution No. 7369 to lapse.
On January 19, 2022, the Council again unanimously voted to continue virtual City Council, Commission, Board, and other City Bodies meeting under AB 361 by adopting Resolution No. 7384.
In order to extend the ability to hold virtual City Council, Commission, Board, and other City Bodies Meetings pursuant to AB 361, the City Council must make the findings and determinations under AB 361 to again allow the Council to meet virtually.
ANALYSIS:
In order to continue to qualify for AB 361's waiver of in-person meeting requirements, the City Council must, within thirty (30) days of its first meeting under AB 361, and every thirty (30) days thereafter, make findings that (a) state or local officials continue to recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees.
12 The above conditions continue to exist at this time, and staff recommends the City Council by motion reconfirm the findings and determinations made in Resolution No. 7384 so that the City Council may continue to meet virtually under AB 361.
Lastly, it is important to note that AB 361 is optional. If the City Council wishes, it may meet in person.
STRATEGIC PLAN:
None.
FISCAL IMPACTS:
There is no fiscal impact associated with this item.
OPTIONS:
1. Approve staff recommendations; or
2. Without a majority vote of the City Council every 30 days, to extend the time, Resolution No. 7384 approving virtual meetings pursuant to AB 361 would lapse, requiring Council to hold in-person meetings until extended by a majority vote.
ATTACHMENTS:
13 To: Honorable Mayor and Members of the City Council
From: Christy Ramirez, Finance Director
Subject: JUNE 2022 WARRANTS AND CERTIFICATIONS
Date: August 17, 2022
Agenda Item: 10.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for June 2022, starting check number 331149 and ending check number 331468.
Review and accept the "Certification of Salaries" for the pay period ending dates June 3rd, 2022 through June 17th, 2022.
BACKGROUND:
This is the certification (separation of duties between the "preparer from the reviewer") Presented in the attached documents:
a) CERTIFICATION OF ACCOUNTS PAYABLE CHECKS by check number range and dates, It also discloses any voided checks.
b) EXPENSE REPORTS showing the amounts and funds accounts payable came from The "Check Report" depicts the following columns:
c) AP-ACCOUNTS PAYABLE for vendors (non-City staff) by the vendor number, vendor name, payment date, payment amount and check numbers (entitled 'number') d) PY-PAYROLL for benefit payments, insurance, retirement, etc. Benefits payable on behalf of City staff.
e) Bank Code Summary by payment type
f) Fund Summary by fund the accounts payables utilized
CERTIFICATION OF SALARIES
14 This is the certification (separation of duties between "preparer" and the "reviewer") of salaries and benefits (payroll checks) by fund. It lists salary (payroll) issued checks by beginning and ending check number, payroll ending dates June 03, 2022 through June 17, 2022.
ANALYSIS:
See the attachments for expense breakdown by respective fund.
STRATEGIC PLAN:
FISCAL IMPACTS:
OPTIONS:
1. Receive and file June 2022 Certifications of Accounts Payable Checks and Certifications of Salaries.
ATTACHMENTS:
JUNE 2022 WARRANTS AND CERTIFICATIONS.pdf
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53 To: Honorable Mayor and Members of the City Council
From: Christy Ramirez, Finance Director
Subject: JULY 2022 WARRANTS AND CERTIFICATIONS
Date: August 17, 2022
Agenda Item: 10.C
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for July 2022, starting check number 331469 and ending check number 331739.
Review and accept the "Certification of Salaries" for the pay period ending dates July 1st, 2022 through July15th, 2022.
BACKGROUND:
CERTIFICATION OF ACCOUNTS PAYABLE
This is the certification (separation of duties between the "preparer from the reviewer") of accounts payable which are presented in the following reports, summaries, and documents:
a) CERTIFICATION OF ACCOUNTS PAYABLE CHECKS by check number range and dates. It also discloses any voided checks.
b) EXPENSE REPORTS showing the amounts and funds accounts payable came from The "Check Report" depicts the following columns:
c) AP-ACCOUNTS PAYABLE for vendors (non-City staff) by the vendor number, vendor name, payment date, payment amount and check number (entitled 'number') d) PY- PAYROLL for benefit payments, insurance, retirement, etc. Benefits payable on behalf of City staff.
e) Bank Code Summary by payment type
f) Fund Summary by fund the accounts payables utilized
54 CERTIFICATION OF SALARIES
This is the certification (separation of duties between "preparer" and the "reviewer") of salaries and benefits (payroll checks) by fund. It lists salary (payroll) issued checks by beginning and ending check number, payroll ending dates July 1st, 2022 through July 15th, 2022.
ANALYSIS:
See the attachments for expense breakdown by respective fund.
STRATEGIC PLAN:
FISCAL IMPACTS:
OPTIONS:
1. Receive and file July 2022 Certifications of Accounts Payable Checks and Certifications of Salaries
ATTACHMENTS:
JULY 2022 WARRANTS AND CERTIFICATIONS.pdf
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87 To: Honorable Mayor and Members of the City Council
From: Travis Walker, Chief of Police
Subject: SECOND READING AND ADOPTION OF ORDINANCE NO. 1319
REGULATING PUBLIC DRINKING AT MILL PARK
Date: August 17, 2022
Agenda Item: 10.D
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Adopt Ordinance No. 1319 to amend Santa Paula Municipal Code section 130.02 to require a permit to drink alcohol at Mill Park.
BACKGROUND:
The City of Santa Paula’s Municipal Code currently allows for the unpermitted consumption of alcoholic beverages and possession of open alcoholic beverage containers within Mill Park, a public place, while prohibiting said activity in all other public places and parks within the city.
The City of Santa Paula’s Municipal Code section 130.02 prohibits any person from drinking an alcoholic beverage or possessing an open container of an alcoholic beverage on public property, including all public parks, except for Mill Park. The allowance of alcohol consumption in this one public park has created permitting and enforcement challenges for staff and some frustration for members of the community. To help create citywide permitting and enforcement consistency, staff is requesting Council amend SPMC 130.02 to remove Mill Park from the exempted locations to better regulate alcohol consumption at the park.
ANALYSIS:
On August 3, the City Council introduced Ordinance 131 and passed it to second reading.
California law requires both an introduction and a second reading (adoption) of an ordinance.
The ordinance will then become effective thirty (30) days thereafter. Therefore, this item is on the agenda for a second reading in order that the ordinance may become effective thirty days thereafter.
STRATEGIC PLAN:
Not Applicable
FISCAL IMPACTS:
Minimal costs associated with the installation of updated signage in and around the park. 88 Anticipated costs can be absorbed in the current Fiscal Year department's budget.
OPTIONS:
Decline to adopt proposed Ordinance No. 1319, thereby allowing drinking alcohol in Mill Park without a permit to continue.
ATTACHMENTS:
Drinking In Public Places Ordinance 1319
89 ORDINANCE NO. 1319
AN ORDINANCE OF THE CITY OF SANTA PAULA,
CALIFORNIA, AMENDING SECTION 130.02 OF THE
SANTA PAULA MUNICIPAL CODE T O REQUIRE A
PERMIT TO DRINK ALCOHOL AT MILL PARK
The City Council of the City of Santa Paula does ordain as follows:
SECTION 1. The City Council finds and declares as follows:
A. Section 130.02 of the Santa Paula Municipal Code (SPMC) prohibits any person from drinking an alcoholic beverage or possessing an open container of an alcoholic beverage on public property, including public parks.
B. An exception to the general prohibition against drinking on public property is Mill Park, which posts signs indicating rules for drinking alcohol on the premises.
C. The City Council desires to amend SPMC Section 130.02 to remove Mill Park from the excepted locations in order to better regulate public drinking at the park.
D. The intent of this Ordinance is to require the operators of events or facilities where drinking occurs on public property, including public parks, to obtain and comply with applicable city and/or state permits or licenses, thereby reducing the chance of public nuisances.
SECTION 2. Section 130.02 of the Santa Paula Municipal Code, entitled “Drinking In Public Places Unlawful,” is hereby amended to read as follows:
§ 130.02 DRINKING IN PUBLIC PLACES UNLAWFUL.
(A) Except as otherwise provided in this code, it is unlawful for any person to drink alcoholic beverage or possess an open container of any alcoholic beverage:
(1) Upon any street, sidewalk, pathway, parking lot,
highway, alley, or other public property:
(2) In any public school grounds or buildings,
bleachers or stadium thereon; or
(3) In any public park.
(B) The prohibitions in this section do not apply to:
(1) A group operating an organized event according to
the conditions of a permit by the city issued pursuant to 90 this code that allows consumption and possession of
alcoholic beverages; or
(2) An outdoor dining facility that serves alcoholic
beverages pursuant to the terms of a state license
and/or applicable city permit.
SECTION 3. This ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Santa Paula Municipal Code.
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 17th day of August, 2022 Jenny Crosswhite, Mayor
ATTEST:
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
Monica Castillo, Interim City Attorney
91 To: Honorable Mayor and Members of the City Council
From: Monica Castillo, Interim City Attorney
Subject: RESPONSE TO GRAND JURY REPORT ENTITLED CYBERSECURITY
OF WATER PROVIDERS IN VENTURA COUNTY
Date: August 17, 2022
Agenda Item: 10.E
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
Approve the response letter to the Ventura County Grand Jury and authorize the Mayor to sign the letter.
Presented by: Monica Castillo, Interim City Attorney
BACKGROUND:
In the State of California, civil grand juries are authorized to “investigate and report upon the operations, accounts, and records of the officers, department, functions, and the method or system of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit.” (Cal. Penal Code 925(a)).
On or about June 6, 2022, the Ventura County Grand Jury issued its report entitled “Cybersecurity of Water Providers in Ventura County” (the “Report”). In the Report, the Grand Jury recognized recent cyberattacks around the United States resulting in community water supplies being poisoned or their suppliers’ business operations being held hostage by ransomware. In light of these threats, the Grand Jury investigated the cybersecurity of Ventura County (“County”) public water providers, which supply 76% of the County’s water users.
The Report focused on two primary areas of cyber vulnerability in the water sector: the Information Technology (IT) used to bill consumers and record usage and Operational Technology (OT) used to control and monitor treatment and delivery of the water supply. The Report noted that network vulnerabilities and weak user access controls in either IT or OT may be exploited by bad actors to disrupt business and water service, endangering the public.
The most cyber vulnerable component of OT, according to the investigation, is what is called the Supervisory Control and Data Acquisition (SCADA) system.
A SCADA system is an industrial control system that remotely accesses and manages the chemical treatment, filtration, storage and distribution of water. SCADA operators, including here in Santa Paula, manually operate pumps, valves, and other equipment as backup in the 92 event of a SCADA failure or interruption. As such, without adequate training, security, and preventative measures, attacks on SCADA could cause serious consequences for critical infrastructure and services, the environment, and human life.
The Report recommends that public water providers regularly assess their cybersecurity consistent with federal best practices; exchange information regarding cybersecurity threats, protections and remedies; conduct regular cybersecurity awareness training; utilize free federal and state expert cybersecurity assistance; develop recover plans; and create internal cyber incident reporting protocols. At the conclusion of the Report, the Grand Jury requested a response from the City to Findings F-01 through F-09 and Recommendations R-01 through R06.
ANALYSIS:
Within 90 days after a Grand Jury’s issuance of the report, the City Council must comment to the Presiding Judge of the Superior Court on the findings and recommendations contained in the report. The attached proposed response to the Report, prepared by our Public Works Director and other key City staff, addresses the Grand Jury’s findings and recommendations.
STRATEGIC PLAN:
The approval of this agenda item does not directly address the strategic goals within the City’s adopted Strategic Plan.
FISCAL IMPACTS:
There are no fiscal impacts associated with this item outside of staff's time to respond to the report.
OPTIONS:
In addition to the recommended action, the Council can:
1. Propose alternative language and direct that the response be revised.
ATTACHMENTS:
Exhibit A Proposed Response to Report - Cybersecurity of Water Providers in Ventura Coun.pdf
Exhibit B Cybersecurity of Water Providers in VC - Grand Jury Report May 11 2022.1.pdf 93 EXHIBIT A
Proposed Response to Report - Cybersecurity
of Water Providers in Ventura County
94 “Citrus Capital of the World” City of Santa Paula
970 Ventura Street Santa Paula, California Mailing Address: P.O. Box 569 93061 (805) 933-4214 www.ci.santa-paula.ca.us August 17, 2022
The Honorable Bruce A. Young
Presiding Judge of the Superior Court
County of Ventura
800 South Victoria Avenue
Ventura, CA 93009
SUBJECT: City’s Response to Grand Jury Report Entitled “Cybersecurity of Water Providers in Ventura County”
Dear Judge Young:
On or about June 6, 2022, the Ventura County Grand Jury issued its report entitled Cybersecurity of Water Providers in Ventura County” (the “Report”). In the Report, the Grand Jury recognized recent cyberattacks around the United States resulting in community water supplies being poisoned or their suppliers’ business operations being held hostage by ransomware. In light of these threats, the Grand Jury investigated the cybersecurity of Ventura County (“County”) public water providers, which supply 76% of the County’s water users.
The Report focused on two primary areas of cyber vulnerability in the water sector: the Information Technology (IT) used to bill consumers and record usage and Operational Technology (OT) used to control and monitor treatment and delivery of the water supply. The Reported noted that network vulnerabilities and weak user access controls in either IT or OT may be exploited by bad actors to disrupt business and water service, endangering the public. The most cyber vulnerable component of OT, according to the investigation, is what is called the Supervisory Control and Data Acquisition (SCADA) system.
A SCADA system is an industrial control system that remotely accesses and manages the chemical treatment, filtration, storage and distribution of water. SCADA operators manually operate pumps, valves, and other equipment as backup in the event of a SCADA failure or interruption. As such, without adequate training, security, and preventative measures, attacks on SCADA could cause serious consequences for critical infrastructure and services, the environment, and human life.
The Report recommends that public water providers regularly assess their cybersecurity consistent with federal best practices; exchange information regarding cybersecurity 95 Ventura County Grand Jury – Response to Grand Jury Report August 17, 2022 2 of 4
threats, protections and remedies; conduct regular cybersecurity awareness training; utilize free federal and state expert cybersecurity assistance; develop recover plans; and create internal cyber incident reporting protocols. At the conclusion of the Report, the Grand Jury requested a response from the City to Findings F-01 through F-09 and Recommendations R-01 through R-06.
Findings:
F-01. The Grand Jury finds that cybersecurity of both IT and SCADA systems is essential to safe and effective deliver of water.
We agree with Finding F-01.
F-02. The Grand Jury finds inconsistent levels of cybersecurity for IT systems among the investigated water providers.
We cannot agree or disagree with this finding as it is based on information obtained from other water providers which has not been provided to the City of Santa Paula for evaluation.
F-03. The Grand Jury finds inconsistent levels of cybersecurity for SCADA systems among the investigated water providers.
We cannot agree or disagree with this finding as it is based on information obtained from other water providers which has not been provided to the City of Santa Paula for evaluation.
F-04. The Grand Jury finds that the level of training on cybersecurity is inconsistent among the investigated water providers.
We cannot agree or disagree with this finding as it is based on information obtained from other water providers which has not been provided to the City of Santa Paula for evaluation.
F-05. The Grand Jury finds that the level and frequency of cybersecurity assessments are inconsistent among the investigated water providers.
We cannot agree or disagree with this finding as it is based on information obtained from other water providers which has not been provided to the City of Santa Paula for evaluation.
F-06. The Grand Jury finds that knowledge of cyber incident reporting requirements is inadequate among the investigated water providers.
We cannot agree or disagree with this finding as it is based on information obtained from other water providers which has not been provided to the City of Santa Paula for evaluation.
96 Ventura County Grand Jury – Response to Grand Jury Report August 17, 2022 3 of 4
F-07. The Grand Jury finds that there is insufficient information exchange among the interviewed water providers regarding cybersecurity threats, attacks, protections and remedies.
We cannot agree or disagree with this finding as it is based on information obtained from other water providers which has not been provided to the City of Santa Paula for evaluation.
F-08. The Grand Jury finds that there is insufficient awareness among public water providers of available government expert cybersecurity services and support for water provider systems.
We cannot agree or disagree with this finding as it is based on information obtained from other water providers which has not been provided to the City of Santa Paula for evaluation.
F-09. The Grand Jury finds that not all the investigated water providers’ business recovery plans addressed recovery from a cyber-incident.
We cannot agree or disagree with this finding as it is based on information obtained from other water providers which has not been provided to the City of Santa Paula for evaluation.
Recommendations:
R-01. The Grand Jury recommends that the investigated public water providers regularly assess their cybersecurity, addressing both IT and SCADA, consistent with EPA and CISA recommended best practices.
We have implemented recommendation R-01. The City regularly assesses IT and SCADA infrastructure security.
R-02. The Grand Jury recommends that the investigated public water providers regularly share and exchange information regarding cybersecurity threats, attacks, protections and remedies, and provide training, using such forums as the AWAVC.
We have implemented recommendation R-02. The City is a member of AWAVC and participates in cybersecurity discussions and trainings.
R-03. The Grand Jury recommends that the investigated public water providers use free federal and state expert assistance to enhance cybersecurity.
We have implemented recommendation R-03. The City currently uses free federal and state expert assistance for use in areas where cybersecurity can be enhanced above current levels.
97 Ventura County Grand Jury – Response to Grand Jury Report August 17, 2022 4 of 4
R-04. The Grand Jury recommends that the investigated public water providers regularly conduct cybersecurity awareness training.
We have implemented recommendation R-04. The City incorporates cybersecurity awareness/training as a topic in weekly meetings.
R-05. The Grand Jury recommends that the investigated public water providers address recovery from cybersecurity incidents in their business recovery plans.
We have implemented recommendation R-05. The City IT Department includes the Water Department in its business recovery plans for cybersecurity incidents.
R-06. The Grand Jury recommends that each investigated public water provider establish a CISA-compliant internal protocol for reporting cyber incidents.
We have implemented recommendation R-06. The City's internal protocol for reporting cyber incidents is CISA-compliant.
We thank you for the opportunity to respond to the Report. Should you have any further questions or desire any further information, please contact me or City Manager Dan Singer.
Sincerely,
Jenny Crosswhite
Mayor
cc: Santa Paula City Council
Dan Singer, City Manager
Clete Saunier, Public Works Director
Carrie Landon, Foreperson
98 EXHIBIT B
Final Report - Cybersecurity of Water Providers in Ventura County Grand Jury Report May 11, 2022
99 COUNTY~VENTURA
Grand Jury
June 6, 2022
Confidential
Director Clete Saunier
City of Santa Paula Public Works Department
903 Corporation Street
Santa Paula, CA 93060
Director Clete Saunier:
800 South Victoria Avenue
Ventura, CA 93009
Tel (805) 477-1600
Fax (805) 658-4523
grandjury. countyofventura.org
The 2021-2022 Ventura County Grand Jury has completed the attached report titled Cybersecurity of Water Providers in Ventura County. Also attached is a copy of California Penal Code Section 933.05. This copy of the report is being provided to you two working days in advance of its public release, as required by California Penal Code Section 933.05(£).
California Penal Code Section 933.05 also requires the City of Santa Paula Public Works Department to respond to the Findings and Recommendations of the Grand Jury in the report.
Please review the section of the report titled "RESPONSES" for the specific Findings and Recommendations to which you are required to respond. Also attached is a form that can be used for your responses to the Grand Jury's Findings and Recommendations.
You are required to submit your responses in writing within 90 days to: The Honorable Bruce A.
Young, Presiding Judge, Superior Court of California, County of Ventura, 800 S. Victoria Avenue, Ventura, CA 93003. Please also send a written copy of your responses to: Ventura County Grand Jury, 800 S. Victoria Avenue, Ventura, CA 93009.
Please keep in mind that this report must he kept confidential until it is publicly released by the Grand Jury. Should you have any questions, please contact the Grand Jury Foreperson at GrandJuryF [email protected].
Carrie Landon, Foreperson
41 2021-2022 Ventura County Grand Jury
100
COUNTY~VENTURA 800 South Victoria Avenue
Ventura, CA 93009
Tel (805) 477-1600
Grand Jury Fax (805) 658-4523
grandjury.countyofventura.org
Response to 2020-2021 Ventura County Grand Jury Report Form (Please See California Penal Code Section 933.05)
Report Title: Cybersecurity of Water Providers in Ventura County Responding Entity: City o{Santa Paula Public Works Department
FINDINGS
• I (we) agree with the Findings numbered: _________________ _ • I (we) disagree wholly or partially with the Findings numbered: ________ _ (Attach a statement specifying any portions of the Findings that are disputed; include an explanation of the reasons.)
RECOMMENDATIONS
• Recommendations numbered have been implemented.
(Attach a summary describing the implemented actions.)
• Recommendations numbered have not yet been
implemented but will be implemented in the future.
(Attach a summary indicating the time.frame for implementation.) • Recommendations numbered require further analysis.
(Attach an explanation to include: scope and parameters of the analysis or study and time.frame for the matter to be prepared for discussion with the agency or department head. The time.frame shall not exceed six months from the date of publication of the report.)
• Recommendations numbered ___________ will not be implemented because they are not warranted or are not reasonable.
(Attach an explanation.)
Date: --------- Signed: _________ _________ _
Title: --------- -----------
Number of pages attached: ___ _
101
California Penal Code Section 933.05
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding .
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.
(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.
(f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.
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2021 - 2022
Ventura County Grand Jury
COUNTY t;{ VENTURA
Final Report
Cybersecurity of Water Providers
in Ventura County
May 11, 2022
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2021-2022 Ventura County Grand Jury Final Report
Cybersecurity of Water Providers in Ventura County
SUMMARY
Cyber-attacks are a serious threat to the public drinking water supply. Recent cyber-attacks around the United States have resulted in community water supplies being poisoned or their suppliers' business operations being held hostage by ransomware. In recognition of this critical threat, the 2021-2022 Ventura County Grand Jury (Grand Jury) investigated the cybersecurity of Ventura County public water providers.
The Grand Jury investigated two primary areas of cyber vulnerability in the water sector: the Information Technology (IT) used to bill consumers and record usage, and the Operational Technology (OT) used to control and monitor treatment and delivery of the water supply. Malicious actors can take advantage of network vulnerabilities and/or weak user access controls in either IT or OT to disrupt the business and the water service, and potentially degrade public safety.
The Grand Jury found that Ventura County relies on a complex network of public and private water wholesalers and retailers. The investigation encompassed those public water providers who supply 76% of Ventura County water users and concluded that there is considerable opportunity for improvement of cybersecurity policies and procedures.
The Grand Jury recommends that Ventura County water providers seek out and utilize free Federal and State expert support for implementing cybersecurity best practices, such as regular vulnerability assessments and cyber training for all employees. The Grand Jury further recommends that water providers utilize forums such as water agency associations to share information concerning cybersecurity threats, attacks, protections and remedies.
The Grand Jury recommendations can serve as a model to strengthen the cybersecurity of all Ventura County water providers.
METHODOLOGY
The Grand Jury obtained information from the following:
• Environmental Protection Agency (EPA) website
• Cybersecurity & Infrastructure Security Agency (CISA) website • American Water Works Association (AWWA) website
• Water Information Sharing and Analysis Center (WaterISAC) website • Internet research to gather information from a variety of authoritative sources
• Audio-visual presentation entitled "Water Supply Conditions and Drought Update" to the Simi Valley City Council, October 11, 2021 • Interviews with officials who have knowledge of the IT and OT of the community water systems in Ventura County
Cybersecurity of Water Providers in Ventura County 1
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BACKGROUND
The Cyber Threat
In 2021, there were two well-publicized attempts by malicious actors to poison water supplies in Oldmar, Florida and the San Francisco Bay area. (Ref-01, Ref-02) In March 2019, a hacker gained unauthorized access to a public water plant in Kansas. (Ref-03) Ransomware attacks against water providers occurred in various locales, including Nevada, Maine, New Jersey, and California between September 2020 and August 2021. (Ref-04) These cyber-attacks involved the IT systems supporting the providers, such as customer account information and billing, as well as the OT systems that operate the water provider's physical plant. (Ref-01, Ref-04, Ref-05) The Grand Jury investigation addressed the vulnerability of Ventura County water providers to similar cyber-attacks, which could disrupt clean water availability and/or provider business operations, potentially threatening public health and safety. (Ref-02)
In 2019, the AWWA declared that "[c]yber risk is the top threat facing business and critical infrastructure in the United States." They also reported that "given the very real threat and significant consequences, it is critical that organizations prioritize cybersecurity and take reasonable steps to prevent, detect and respond to cyber incidents." The AWWA further observed that "optimistic reliance on sovereign immunity defenses or insurance policies, or an unconfirmed expectation that someone else within the organization is 'handling' cybersecurity issues, are not sufficient to protect an organization or its leaders from the repercussions of a cyber-attack .... " (Ref-06) In response, CISA has published best practices for enhancing cybersecurity, including but not limited to risk assessments, user tra ining, data backup and multi-factor authentication for remote access. (Ref-07) In January 2022, the Biden-Harris Administration announced a new Water Sector Action Plan to secure water systems from cyberattacks. (Ref-08) The action plan, sponsored by the EPA and its federal partners, encourages the water sector to adopt technology which will enable early detection of cyber threats. (Ref-09) The plan will also boost information sharing about cyber threats between water utilities and the federal government. (Ref-08, Ref-09)
Ventura County Water Infrastructure
According to EPA's Water Systems Summary for Quarter 4 2021, there are 64 community water systems that supply drinking water to the residents of Ventura County. (Ref-10) About 98% of the county water is supplied by the 25 largest systems. The Grand Jury investigation focused on public water providers, as almost 80% of the county water agencies are operated by the County, its cities, and special districts. The Grand Jury investigation addressed 95% of these community water systems, corresponding to 76% of Ventura County water users. (Att-01) More than half of the water delivered to Southern California homes and businesses is imported from Northern California by the Metropolitan Water District of Southern California (MWD) through the State Water Project and from the Colorado River. (Ref-11) The MWD allocates a portion of this water to Ventura County. (Ref-05) As shown on the Ventura County Water Purveyors map, two wholesale water 2 Cybersecurity of Water Providers in Ventura County
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20 2 1-2022 Ventura County Grand Jury Final Report
providers, Calleguas Municipal Water District and United Water Conservation District, are primarily responsible for distribution of this imported water to Ventura County communities. As shown on the Ventura County Water Purveyors map, these water districts provide water to every city in Ventura County except the City of Ojai, which is served by Casitas Municipal Water District. (Att-02) The water that comes from the MWD is already filtered and treated; the water from local sources is filtered and treated locally. (Ref-05, Ref-12, Ref-13) Some imported water is retreated if it has been stored for any length of time prior to its delivery to the end user. (Ref-05) Each of these points of distribution and treatment is a potential target of a cyber-attack. (Ref-04, Ref-05)
Limitations to Scope
In many cases, the IT support for municipal water systems was housed within the respective city IT division rather than dedicated to the water department. As the cybersecurity of the cities' IT divisions was addressed in a recent Grand Jury report, the 2021-2022 Grand Jury elected not to make it our primary focus. (Ref-14) Although the Grand Jury did not interview all of Ventura County water providers, the Grand Jury recommendations could serve as a model to strengthen the cybersecurity of all.
The Grand Jury also considered that this report's findings and recommendations could potentially provide useful information to a malicious actor, as could the responses of the various water providers to this report. Therefore, this report does not make overly specific assertions of vulnerabilities or recommended remedies.
DISCUSSION
For each water provider, the chemical treatment, filtration, storage and distribution of water are controlled by OT, which is remotely accessed and managed by an industrial control system identified as the Supervisory Control and Data Acquisition (SCADA) system. (Ref-05, Ref-15) Hereafter this report will focus on SCADA as the cyber vulnerable component of OT. SCADA operators are trained in manual operation of pumps, valves and other equipment as backup in the event of SCADA failure or interruption. Additionally, each provider employs enterprise IT systems that support their workforce and provide customer interface', including usage tracking and billing for services rendered. Both the IT and SCADA systems have inherent cyber vulnerabilities, being dependent upon computer networking, remote access and user and operator awareness. SCADA administrators interviewed represented their systems to be less vulnerable due to fewer authorized users. (Ref-05) However, any cyber-attack on SCADA " ... could result in devastating physical consequences to such things as critical infrastructure and services, the environment, and even human life." (Ref-16)
Seven of the 14 water providers interviewed by the Grand Jury have experienced some form of cyber-attack within the last five years, ranging from successful phishing attacks to ransomware. (Ref-05) These attacks exploited cyber vulnerabilities such as an attacker's familiarity with the network, vulnerability of connected devices, or poor access controls. (Ref-05, Ref-17) The AWWA website provides tools and a robust suite of guidance to support cybersecurity assessments, Cybersecurity of Water Providers in Ventura County 3
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including review of security weaknesses. (Ref-18) CISA offers a variety of exercises simulating cyber-attacks, many levels of cyber awareness training, and detailed vulnerability assessments, all of which are free to the recipient. Additionally, CISA offers resources to address vulnerabilities identified by their assessments. (Ref- 19) The California State Water Resource Control Board also offers information to assist water agencies in becoming more cyber aware and cyber resilient. (Ref-20) Only three of the water providers interviewed have pursued available state or federal assistance to improve cybersecurity. (Ref-05)
The Grand Jury investigation revealed that all Ventura County public water providers interviewed have some level of cybersecurity for their IT and SCADA. Ten of 14 water providers interviewed have recently conducted cyber vulnerabil ity assessments, however the complexity level and frequency vary among those assessments. (Ref-05) Cybersecurity experts recommend that a robust cyber security program includes firewalls, backups, controlled VPN access for mobile devices and multi-factor authentication. (Ref-21, Ref-22) All the water providers interviewed utilize remotely accessible IT and SCADA systems. Thirteen of 14 water providers interviewed employ firewalls, VPN access and/or multi-factor authentication to protect against unauthorized access. The water providers also employ various forms of data backup; some utilize the Cloud, while others utilize remote servers. (Ref-05)
Per the America's Water Infrastructure Act of 2018, every drinking water utility that serves at least 3,300 citizens was required to submit a Risk and Resilience Assessment by June 30, 2021 and update it at least every five years. (Ref-23) These assessments specifically address SCADA vulnerability. All Ventura County water providers interviewed by the Grand Jury are aware of this requirement, and 12 of 14 have completed the assessment. (Ref-05)
The Biden-Harris Administration's Water Sector Action Plan and CISA recommend raising the awareness of cyber risks and lessons learned from past incidents in the water and wastewater sector through cybersecurity training and information sharing. (Ref-08, Ref-21) Twelve of 14 Ventura County water providers interviewed by the Grand Jury have recently conducted cyber training in addition to the operator training required to achieve and maintain operational certification. All water providers interviewed are members of professional water associations such as the Association of Water Agencies Ventura County (AWAVC), the Association of California Water Agencies (ACWA) and AWWA; however, none have shared information with other local providers regarding cyber-attacks. (Ref-05) The AWWA encourages member agencies to ensure their business recovery plans identify potentially disruptive events including cyber-attack, estimate their impact, and implement mitigation strategies. (Ref-24) Thirteen of 14 Ventura County water providers interviewed by the Grand Jury confirmed that their agencies had some form of business recovery plan, but not all addressed recovery from cyber incidents. (Ref-05) CISA directs that all cyber incidents must be reported to Department of Homeland Security (OHS) and the Federal Bureau of Investigation (FBI) in addition to local law enforcement. (Ref-21) All water providers interviewed agreed that cyber incidents should be reported, however only five of 14 identified FBI or OHS as report recipients. (Ref-05)
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FINDINGS
F-01.
F-02.
F-03.
F-04.
F-05.
F-06.
The Grand Jury finds that cybersecurity of both IT and SCADA systems is essential to safe and effective delivery of water.
The Grand Jury finds inconsistent levels of cybersecurity for IT systems among the investigated water providers.
The Grand Jury finds inconsistent levels of cybersecurity for SCADA systems among the investigated water providers.
The Grand Jury finds that the level of training on cybersecurity is inconsistent among the investigated water providers.
The Grand Jury finds that the level and frequency of cybersecurity assessments are inconsistent among the investigated water providers.
The Grand Jury finds that knowledge of cyber incident reporting requirements is inadequate among the investigated water providers.
F-07. The Grand Jury finds that there is insufficient information exchange among the interviewed water providers regarding cybersecurity threats, attacks, protections and remedies.
F- 08. The Grand Jury finds that there is insufficient awareness among public water providers of available government expert cybersecurity services and support for water provider systems.
F- 09. The Grand Jury finds that not all the investigated water providers' business recovery plans addressed recovery from a cyber incident.
RECOMMENDATIONS
R-01. The Grand Jury recommends that the investigated public water providers regularly assess their cybersecurity, addressing both IT and SCADA, consistent with EPA and CISA recommended best practices. (F-01, F-02, F-03, F-05)
R-02. The Grand Jury recommends that the investigated public water providers regularly share and exchange information regarding cybersecurity threats, attacks, protections and remedies, and provide training, using such forums as the AWAVC. (F-01, F-02, F-03, F-04, F-06, F-07) R-03. The Grand Jury recommends that the investigated public water providers use free federal and state expert assistance to enhance cybersecurity. (F-01, F-02, F-03, F-05, F-06, F-07, F-08)
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R-04. The Grand Jury recommends that the investigated public water prov iders regularly conduct cybersecurity awareness training. (F-01, F-02. F-03, F-04)
R-05. The Grand Jury recommends that the investigated public water providers address recovery from cybersecurity incidents in their business recovery plans. (F-01, F-02, F-03, F-09)
R-06. The Grand Jury recommends that each investigated public water provider establish a CISA-compl iant internal protocol for reporting cyber incidents. ( F-01, F-02, F-03, F-06)
RESPONSES
Responses required from:
The following agencies within 90 days:
Calleguas Municipal Water District (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01 R-02 R-03 R-04 R-05 R-06) I I I f I
Camrosa Water District (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01 R-02 R-03 R-04 R-05 R-06) I I f I I
Casitas Municipal Water District {F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) {R-01 R-02 R-03 R-04 R-05 R-06) I I I I I
Triunfo Water District {F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02 R-03 R-04 R-05 R-06) I I I I
United Water Conservation District (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01 R-02 R-03 R-04 R-05 R-06) I I I I I
Ventura County Public Works Agency (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08 F-09) (R-01 R-02 R-03 R-04 R-05 R-06) I I I I I I
City of Camarillo Department of Public Works (F-01, F-02, F-03, F-04, F-05, F-06, F-07 F-08 F-09) (R-01 R-02 R-03 R-04 R-05 R-06) I I I I I I I City of Fillmore Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
City of Oxnard Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
City of Port Hueneme Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
City of Santa Paula Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
City of Simi Valley Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
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City of Thousand Oaks Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06) City of Ventura, Ventura Water (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
REFERENCES
Ref- 01.
Ref-02.
Ref-03.
Ref-04.
Ref-05.
Ref-06.
Ref-07.
Cybersecurity & Infrastructure Security Agency. Alert (AA21-042A):
Compromise of U.S. Water Treatment Facility, February 12, 2021. https://www.cisa.gov/ uscert/ncas/alerts/ aa21-042a Accessed May 7, 2022
Collier, Kevin. NBC News, June 17, 2021. 50,000 Security Disasters Waiting to Happen: The Problem of America's Water Supplies. https://www.nbcnews.com/tech/secu rity/ hacker-tried-poison-califwater-su pply-was-easy-entering-password-rcna 1206 Accessed May 7, 2022
Water Information Sharing and Analysis Center (Water ISAC). Insider Threat - Former Employee Indicted for Unauthorized Computer Access with Intent to Harm a Kansas Public Water District, October 21, 2021. https : //www.waterisac.org/ portal/updated-october-21-2021-insiderthreat---former-employee-indicted-unauthorized- computer Accessed May 7, 2022
Cybersecurity & Infrastructure Security Agency, Alert (AA21-287A):
Ongoing Cyber Threats to U.S. Water and Wastewater Systems, October 14, 2021. https: //www.cisa.gov/ uscert/ ncas/alerts/aa21-287a Accessed May 7, 2022
Interviews with Ventura County water providers
Germano, Judith H. Cybersecurity Risk & Responsibility in the Water Sector. American Water Works Association, 2019.
https ://www.awwa.org/ Portals/ O/AWWA/Government/AWWACybersec urityRiskandResponsibility.pdf Accessed May 7, 2022
Cybersecurity & Infrastructure Security Agency. Cyber Security Practices for Industrial Control Systems.
https : //www.cisa.gov/sites/defau lt/files/publications/Cybersecurity Be st Practices for Industrial Control Systems.pdf Accessed May 7, 2022
Cybersecurity of Water Providers in Ventura County 7
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Ref-08.
Ref-09.
Ref-10.
Ref-11.
Ref-12.
Ref-13.
Ref-14.
Ref-15.
Ref-16.
8 The White House. Fact Sheet: Biden-Harris Administration Expands Public-Private Cybersecurity Partnership to Water Sector, January 27, 2022. https://www.whitehouse.gov/briefing-room/statementsreleases/2022/01/2 7 / fact-sheet-biden-ha rris-ad ministration-expandspubl ic-private-cybersecu rity-partnersh ip-to-water-sector/ Accessed May 7, 2022
United States Environmental Protection Agency. EPA Announces Action Plan to Accelerate Cyber-Resilience for the Water Sector, January 27, 2022. https : //www.epa.gov/newsreleases/epa-announces-action-planaccelerate-cyber-resi lience-water-sector Accessed May 7, 2022 United States Environmental Protection Agency. SDWIS Federal Reports Search. Water Systems Summary for Quarter 4 2021. https://ordspub.epa.gov/ords/sfdw/sfdw/ r/sdwis fed reports public/2 1 ?clear=RP,RIR Accessed May 7, 2022
The Metropolitan Water District of Southern California. How We Get Our Water: Infrastructure Serving Our Communities.
https://www. mwdh2o.com/your-water/ how-we-get-our- water/ Accessed May 7 ,2022
Metropolitan Water District of Southern California. Metropolitan's Water Treatment Plants : Safeguard Public Health, September 2018. https://www.mwdh2o.com/media/4360/water-treatmentRlants-fact-sheet-final web. pdf Accessed May 7 ,2022 Miller, Joanna M. Working out the Bugs: Calleguas Playing it Safe with New Treatment Plant. Los Angeles Times, September 27, 1995. https: //www .lati mes. com/arch ives/la-xpm-1995-09-2 7-me-50595- story. html Accessed May 7,2022
Ventura County Grand Jury Final Report. Cybersecurity Strategies for Cities in Ventura County, April 17, 2020.
https: //vcportal. ventura .org/G DJ /docs/reports/ 2019- 20/Cybersecurity Final Report 2019-2020.pdf. Accessed May 7, 2022 Williamson, Graham. OT, ICS, SCADA - What's the difference? Kuppingercole Analysts, July 7, 2015.
https: //www. ku ppingercole. com/blog/willia mson/ ot-ics-scada-whatsthe-difference Accessed May 7, 2022 Maddison, John. Resolving the Challenges of IT-OT Convergence. CSO.
June 21, 2018. https: //www.csoonline.com/ article/ 3283238/ resolvingthe-challenges-of-it-ot-convergence.html Accessed May 7, 2022 Cybersecurity of Water Providers in Ventura County
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Ref-17.
Ref- 18.
Ref- 19.
Ref-20.
Ref-21.
Ref-22.
Ref- 23.
Ref-24.
Cybersecurity & Infrastructure Security Agency, Alert (AA21-209A):
Top Routinely Ex ploited Vulnerabilities, August 20, 2021. https ://www.cisa.gov/uscert/ncas/alerts/aa21-209a Accessed May 7, 2022
American Water Works Association . Cybersecurity & Guidance: What Water Utility Leaders & Professionals Should Know.
https://www.awwa.org/Resources-Tools/Resource-Topics/RiskResilience/Cybersecurity-Guidance Accessed May 7, 2022 Cybersecurity & Infrastructure Security Agency. CISA Services Catalog. https : //www.cisa .gov/ pu blication/cisa-services-cata log Accessed May 7, 2022
California State Water Resources Control Board.
https://www.waterboards.ca.gov Accessed May 7, 2022
Cybersecurity & Infrastructure Security Agency. Preparing for and Mitigating Potential Cyber Threats ISA Insights, December 15, 2021. https: //www.cisa.gov/sites/default/files/publications/CISA INSIGHTSPreparing For and Mitigating Potential Cyber Threats-508C.pdf Accessed May 7, 2022
Ekran Systems. 15 Cybersecurity Best Practices to Prevent Cyber Attacks in 2022, April 6, 2022.
https: //www.ekransystem.com/en/blog/ best-cyber-secu rity-practices Accessed May 7, 2022
Environmental Protection Agency. America's Water Infrastructure Act of 2018, January 3, 2018. https: //www.epa .gov/ground-water-andd rinking-water/a mericas-water-infrastructu re-act-2018-awia Accessed May 7, 2022
American Water Works Association. Emergency Response and Recovery Planning for Water Systems: A Kit of Tools.
https: //engage. awwa .erg/Person ifyEbusiness/ Store/Prod uctDeta ils/prod uctid/7944 Accessed May 7, 2022
ATTACHMENTS
Att-01.
Att- 02.
Ventura County Water Providers by Population Served
Map of Ventura County Water Purveyors
Cybersecurity of Water Providers in Ventura County 9
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GLOSSARY
TERM
ACWA
AWAVC
AWWA
CISA
cws
DHS
EPA
FBI
IT
OT
SCAD A
VPN
Water ISAC
DEFINITION
Association of California Water Agencies
Association of Water Agencies Ventura County
American Water Works Association
Cybersecurity & Infrastructure Security Agency
Community Water Systems
Department of Homeland Security
Environmental Protection Agency
Federal Bureau of Investigation
Information Technology
Operational Technology
Supervisory Control and Data Acquisition
Virtual Private Network
Water Information Sharing and Analysis Center
10 Cybersecurity of Water Providers in Ventura County
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2021-2022 Ventura County Grand Jury Final Report
Attach ment-01
Ventura County Waster Providers by Population Served
Cybersecurity of Water Providers in Ventura County 11
116
2021-2022 Ventura County Grand Jury Final Report
VENTURA COUNTY COMMUNITY WATER PROVIDERS
(by population served)
• Oxnard Water Dept
• Ventura City Water Department
• Ventura CWWD No. 8 (Simi Valley)
Thousand Oaks Water Dept
• Cama rillo Water Department
• Ventura CWWD No. 1 (Moorpark)
• Camrosa Water District (Camarillo &
Santa Rosa Valley)
• City of Santa Paula
• Port Hueneme Water Dept
• Fillmore Water Dept
• Casitas Mun icipa I Water District
• Small Public Community Water
Systems
The Grand Jury developed this pie chart and the following table with data from EPA Safe Drinking Water Information Service Federal Reports Search. (Ref-10)
COMMUNITY WATER PROVIDERS POPULATION SERVED
Oxnard Water Department 200 232
(City of) Ventura Water 113,500
Ventura CWWD No. 8 - Simi Valley 94,738
Cal American Water Comoany 69,828
Thousand Oaks Water Department 53 157
Golden State Water Company - Simi Valley 43,934
Camarillo Water Department 40,481
Ventura CWWD NO. 1 - Moorpark 38,703
Camrosa Water District 30,000
Citv of Santa Paula 29,321
Port Hueneme Water Department 21 926
California Water Service Company - Westlake 19,477
Fillmore Water Department 15,222
Oak Park Water Service (now Triunfo) 12,200
Casitas Municipal Water District 11,042
12 Cybersecurity of Water Providers in Ventura County
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2021-2022 Ventura County Grand Jury Final Report
COMMUNITY WATER PROVIDERS (CONTINUED) POPULATION SERVED Ojai Water System 6,712
Ventura River Water District 5,700
Channel Islands Beach CSD 5,180
Pleasant Valley Mutual Water Company 5,000
Meiners Oaks CWD 4,200
Naval Base Ventura County, Port Hueneme 3,500
Ventura CWWD No. 19 - Somis 3 275
Warring Water Service Inc. 2,100
Cal American Water Company - Las Posas Estates 2,049
Ventura CWWD No. 17 - Bell Canyon 2,049
Crestview Mutual Water Company 2,040
Vineyard Avenue Acres MWC 1,820
Cal American Water Company - Rio Plaza 1,716
Naval Base Ventura County, Point Muqu 1,700
Ventura CWWD No. 38 - Lake Sherwood 1,527
Vineyard Ave Estates MWC 1,200
Dempsey Road Mutual Water Company 990
Rio Manor Mutual Water Company 983
Nyeland Acres Mutual Water Company 915
Garden Acres Mutual Water Company 840
Limoneira Ranch #1 832
Senior Canyon Mutual Water Company 800
Verba Buena Water Company 690
Rancho Sespe Workers Imp Association 600
Cloverdale Mutual Water Company 455
Strickland Acres 429
Saviers Road Mutual Water Company 368
Fillmore Irrigation Company 353
Sisar Mutual Water Company 340
Siete Robles Mutual Water Company 323
Casitas Mutual Water Company 238
Cypress Mutual Water Company Inc. 228
Del Norte Mutual Water Company 211
Saticoy Club (Ventura Water) 196
U.S.N., San Nicolas Island 187
Glenview Mobile Park 160
Navalair Mobile Home Park 160
Elkins Ranch 150
Middle Road Mutual Water Company 134
Solano Verde Mutual Water Company 100
Cybersecurity of W ater Providers in Ventura Count y 13 118
2021-2022 Ventura County Grand Jury Final Report
COMMUNITY WATER PROVIDERS (CONTINUED) POPULATION SERVED Fillmore West Mobile Home Park 99
Tica Mutual Water Company 70
South Mountain Mutual Water Company 58
Community Mutual Water Company 53
Esterina Prooerties 50
San Cayetano Mutual Water Company 46
Krotona Institute 31
Rincon Water & Road Works 25
Waters Road Domestic Users Group 25
14 Cybersecurity of Water Providers in Ventura County
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2021-2022 Ventura County Grand Jury Final Report
Attachment-02
Map of Ventura County Water Purveyors
Cybersecurity of Water Providers in Ventura County 15
120
2021-2022 Ventura County Grand Jury Final Report
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121
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: THREE YEAR PROFESSIONAL SERVICES AGREEMENT WITH MKN
AND ASSOCIATES
Date: August 17, 2022
Agenda Item: 10.F
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to execute a Three-Year Professional Services Agreement with MKN & Associates, Inc. to provide professional engineering consulting services on a time and materials basis for Water, Wastewater, Recycled Water and Stormwater Program Support in a form approved by the City Attorney, in the following fiscal year amounts:
1. FY 2022-2023: $ 836,042
2. FY 2023-2024: $1,267,783
3. FY 2024-2025: $ 447,140
BACKGROUND:
MKN & Associates (MKN) has provided engineering services for the past five fiscal years to support operation of the Water Recycling Facility (WRF) and has prepared various additional reports in support of the City’s recycled water, wastewater, and water programs. Because of MKN’s experience with City facilities and procedures, City staff requested MKN provide a proposal for professional engineering services in continual support of these programs, including:
Support of WRF operations similar to the previous two fiscal years Planning, design, and construction phase services for installation of the Advanced Treatment Facility
Engineering support for the City’s Stormwater Program
Engineering support for the City’s Drinking Water Program Engineering support for the City’s participation in the Integrated Water Management Plan ANALYSIS:
WRF Operations Support:
For WRF support, this proposal includes the sixth through eight years of an ongoing staff 122
extension effort. In general, the work and budget for this task conforms to the budget from the previous authorization. The proposal also acknowledges the City will be implementing several capital improvement projects (CIPs) at the WRF over the next few years which will require additional construction oversight and quality assurance. MKN will continue performing the following tasks related to ongoing operations of the WRF:
As-needed support, including review of plans, recommendations, and capital expenditures proposed by the contract operations firm
Review of budgets and expenditures for wastewater operations Site visits and meetings as directed by City staff
Engineering support and preparation of bid packages
Bid-phase and construction support
This task will comprise approximately 28 percent of the work.
WRF Advanced Treatment Facility Engineering Services :
The most significant task under this proposal, comprising approximately 45 percent of the work, will be construction phase services for the Advanced Water Treatment Facility to remove chlorides from WRF effluent. This facility will be a significant component of the City’s response to regulatory requirements for reduction of chloride discharges into the Santa Clara River groundwater basin as mandated by the Los Angeles Regional Water Quality Control Board.
Project management
Loan administration and support
Bid phase support
Construction phase engineering support, observation, and materials testing Engineering Support for Stormwater Program:
The proposal includes providing support for the City’s stormwater program, including monitoring compliance and coordination with the existing 2021 Countywide Stormwater Permit. This task comprises about 10 percent of the work. This work will include the following services:
Preparation and submittal of information for the Annual Report Regular coordination, briefings, and summary memoranda with recommendations for City staff
Review and recommendations for compliance with the State Water Resource Control Board’s (SWRCB) Total Maximum Daily Loads (TMDLs) and TMDL Implementation Plans
Review of current compliance and implementation efforts for the Trash TMDL, including recommendations for installation of capture devices
Review and coordination of responses to SWRCB notifications Engineering Support for Drinking Water Program:
The proposal includes providing support for the City’s drinking water program, including completion of the 2025 Urban Water Management Plan Update, preparation and submittal of a Water Loss Audit and certified Audit Validation, assisting the City with compliance with the California Water Conservation Act, and compliance with California Division of Drinking Water 123
reporting requirements. This task comprises about 16 percent of the work.
Engineering Support for Integrated Regional Water Management Plan :
The proposal includes providing support to represent the City in the Ventura County and State Integrated Regional Water Management Plan program. MKN will assist the City by participating in meetings and coordinating the City’s involvement in the program. This task comprises about 1 percent of the work.
STRATEGIC PLAN:
The approval of this agenda item does not directly address the strategic goals within the City's adopted Strategic Plan.
FISCAL IMPACTS:
The Professional Services Agreement will be funded from water and sewer enterprise funds and the capital improvements budget and is consistent with the approved City Budget for FY 2022-2023.
Fiscal impacts by fiscal year are detailed in Table 1 and additional details are provided in the attached MKN proposal. Work will be invoiced on an hourly time and materials basis. The proposed budget total shall not be exceeded for each fiscal year’s adopted budget without prior written authorization from the City.
Table 1: Proposed Budget By Fiscal Year
Task Group 2022/2023 2023/2024 2024/2025
100 – WRF
OPERATIONS
SUPPORT
$193,487 $137,576 $141,472
300 – STORMWATER
PROGRAM SUPPORT
$93,920 $96,737 $99,639
400 – DRINKING
WATER PROGRAM
SUPPORT
$129,071 $132,944 $200,963
500 – INTEGRATED
REGIONAL WATER
MANAGEMENT PLAN
$4,775 $4,918 $5,066
Subtotal Tasks 100,
300, 400, and 500
$421,253 $372,174 $447,140
200 – RECYCLED
WATER
DISTRIBUTION
SYSTEM PLANNING,
DESIGN AND
CONSTRUCTION
PHASE SERVICES
$414,789 $895,608 $0
Total $836,042 $1,267,783 $447,140
124
The proposed work will be funded from the various water and sewer enterprise accounts. The FY 22/23 Budget has sufficient funds to cover the proposed work for all but Task 300. Staff will return with a budget adjustment in the First Quarter Fiscal Review to address this issue.
OPTIONS:
The Council has the following available alternative options to Staff’s recommendations:
1. Do not authorize the City Manager to execute a Three-Year Professional Services Agreement with MKN & Associates, Inc. at this time, but request Staff to negotiate further with MKN & Associates and return with a revised proposal. This action will discontinue critically needed consultant services associated with active projects and programs until a new agreement is authorized. This lapse in service provided by MKN & Associates could have adverse consequences by failing to provide mandatory reporting and meeting other compliance schedules and requirements of those agencies having jurisdiction over the water and wastewater enterprise operations and projects.
2. Direct staff to pursue a new Request for Qualifications for professional services inviting other professional engineering consultants to submit their qualifications for Council review and consideration at a future public meeting. This action will result in the same consequences anticipated in Option 1.
ATTACHMENTS:
EXHIBIT A MKN Three-Year Professional Services Agreement.pdf 125
EXHIBIT A
Three-Year Professional Services Agreement with MKN &
Associates
126
65283.00001\33115264.1
-1- PROFESSIONAL SERVICES AGREEMENT
CITY OF SANTA PAULA
PROFESSIONAL SERVICES AGREEMENT WITH
MKN & ASSOCIATES
1. PARTIES AND DATE.
This Agreement is made and entered into this 17th day of August, 2022, by and between the City of Santa Paula, a municipal corporation organized under the laws of the State of California with its principal place of business at 970 Ventura Street, Santa Paula, CA 93060, County of Ventura, State of California ("City") and MKN & Associates, a California CORPORATION, with its principal place of business at P.O. Box 1604, Arroyo Grande, CA 93421. City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing water, wastewater and reuse civil and environmental services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the 2022-2025 Water Recycling Facility Operation, Recycled Water, Stormwater and Water Program Support project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional water, wastewater and reuse consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 17, 2022 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional oneyear terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 127
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CEO/President
Michael K. Nunley
Vice President
Eileen Shields
142
143
MKN & Associates, Inc.
P O Box 1604
Arroyo Grande CA 93421
805 904 6530
Revised August 9, 2022
Clete Saunier Public
Works Director City of
Santa Paula P O Box 569
Santa Paula CA 93061
SUBJECT: Proposal – FY 2022/2023 - 2024/2025 Water Recycling Facility Operations, Advanced Water Treatment Facility, Stormwater and Water Program Support Dear Clete,
Michael K. Nunley & Associates, Inc. (MKN) is pleased to submit this proposal to assist the City of Santa Paula (City). In a continuation of our work since 2019, MKN has proposed to extend our services through 2025 to provide engineering support for the City’s drinking water regulatory compliance, water recycling facility (WRF) operations, stormwater regulatory compliance and regional coordination, and Advanced Water Treatment Facility (AWTF) programs. The services to be provided under each program are briefly described below:
WRF Operations
MKN proposes to continue performing the following tasks related to ongoing operations of the WRF:
• As-needed support, including review of plans, recommendations, and capital expenditures proposed by the contract operations firm
• Review of budgets and expenditures for wastewater operations • Site visits and meetings as directed by City staff
• Development of capital improvement projects including design and construction administration
This proposal considers years six through eight of a multi-year staff extension effort. In general, the work and budget conform to the budget from our previous budgets with some modifications. It is assumed this budget would cover services from August of 2022 through July of 2025.
Advanced Water Treatment Facility
MKN will provide project management, design, and construction phase services for the City’s AWTF Project in accordance with Los Angeles Regional Water Quality Control Board requirements. Other than some coordination with the City Building Department, design is nearing completion. The AWTF Project will provide advanced treatment to reduce chlorides in the tertiary disinfected recycled water from the City’s Water Reclamation Facility (WRF) prior to discharge at the existing percolation basins. The major project components include the following:
• 1,000 gallon per minute AWTF feed pump station,
• 9,100 square foot building,
144
Clete Saunier
WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 2 • Advanced treatment equipment (nanofiltration, reverse osmosis, chemical precipitation and sludge handling, ultrafiltration, and brine concentration), • Associated chemical feed systems,
• Piping,
• Storage tanks,
• Electrical and controls, and
• Site grading and paving.
If authorized, MKN will continue performing the following services:
• Project management
• Support for grants and loans
• Technical support for RWQCB regulatory permitting
• Consultant procurement and technical support
• Assistance with brine disposal coordination
• Bid phase services
• Construction phase office engineering support, construction management, and materials testing
It is assumed this budget would cover services from August of 2022 through March of 2025 (corresponding with anticipated project close out and completion of record drawings).
Stormwater
MKN will serve as an “extension of staff”, participating in meetings and directing the City’s compliance efforts with the Ventura Countywide Stormwater Permit (R4-2021-0105). This work will include the following services:
• Preparation and submittal of the Annual Report
• Regular coordination, briefings, and summary memoranda with recommendations for City staff
• Review and recommendations for compliance with the State Water Resource Control Board’s (SWRCB) Total Maximum Daily Loads (TMDLs) and TMDL Implementation Plans • Review of current compliance and implementation efforts for the Trash TMDL, including recommendations for installation of capture devices
• Review and coordination of responses to SWRCB notifications It is assumed this budget would cover services from August of 2022 through July of 2025.
Drinking Water
MKN will serve as an “extension of staff”, participating in meetings and directing the City’s compliance efforts with California Department of Water Resources (DWR) and SWRCB requirements, including the following services:
• Preparation and submittal of City water audit
• Annual water supply and demand assessment
• Preparation and submittal of certified City water audit validation • Engineering support for Consumer Confidence Report, Annual Report, and other Division of Drinking Water reports and submittals
• Engineering support for water conservation compliance and reports 145
Clete Saunier
WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 3 It is assumed this budget would cover services from August of 2022 through July of 2025.
Integrated Regional Water Management Plan
MKN will serve as an “extension of staff”, participating in meetings and coordinating the City’s involvement in the Integrated Regional Water Management Planning Group.
It is assumed this budget would cover services from August of 2022 through July of 2025.
SCOPE OF WORK
TASK GROUP 100 – WRF OPERATIONS SUPPORT
MKN will continue to serve as an extension of staff in support of the ongoing WRF operations. Work under Task Group 100 will be invoiced on an hourly time and materials basis, with the proposed budget not to be exceeded without written authorization from the City.
Task 101 – Review of Recommendations and Proposed Repair, Replacement, and Capital Expenditures
The WRF contract operator (Ventura Regional Sanitation District or VRSD) is required to request 3rd party verification of major capital expenditures, repairs, and replacement of equipment. A cost opinion will also be required for certain “non-emergency” work items prior to implementation by the operator.
MKN will coordinate 3rd party inspections, when appropriate, by qualified service providers who will contract directly with the City. MKN’s services will include contract negotiation, meetings, status reviews, and report review and comment.
When directed by the City, MKN will perform a review of cost opinions, 3rd party verification reports, and other supporting documentation and request additional information if warranted. MKN will provide a recommendation to City staff to accept, modify, or reject the proposed work item in writing.
We propose to budget 63 hours per year for this task group.
Task 102 – Review of Budgets, Expenditures, and Payment Requests MKN will review the annual City budget and payment requests from VRSD as requested by the City.
MKN proposes to budget 170 hours per year for this Task Group.
Task 103 – Meetings, Site Visits, and Conference Calls
As directed by City staff, MKN will plan and attend meetings, site visits, and conference calls with City and/or VRSD.
A budget of 185 hours is proposed, with a mileage and travel cost allowance of $7,500.
Task 104 – Project Management and Reporting
Subtask 104A – Progress Reporting
MKN will prepare monthly status reports outlining, at a minimum, accomplishments since the prior report, current status of performance such as cost and schedule performances, progress toward 146
Clete Saunier
WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 4 resolution of previously identified problems, problems or potential problems since prior report, planned corrective actions, and milestones expected to be reached during the next reporting period.
In addition, status of regulatory compliance activities or variances, as well as upcoming milestones, will be identified.
MKN proposes to budget 8 hours per month for this task, for a total of 96 hours per year.
Subtask 104B – File Management System
MKN will manage an electronic file-sharing and document management system (Dropbox). Due to the volume of material stored, a paid subscription to Dropbox is required for each user at a cost of approximately $100 per year each.
• Development of spill prevention, control, and countermeasures (SPCC) plan Task 105 – Engineering and Procurement
As needed, MKN will prepare requests for proposals (RFPs) or bid documents for engineering, analytical, planning, permitting, or inspection services related to the WRF.
The following capital improvements are budgeted by the City in FY 22/23 and are anticipated to require engineering and procurement support. Anticipated budget is provided below and will not be exceeded without written authorization:
• Influent bypass piping - $3,000
• Bypass pond liner installation - $3,000
Task 106 – Construction or Installation Phase Support
The following capital improvements are budgeted by the City in FY 22/23 and are anticipated to require construction or installation phase support Anticipated budget is provided below and will not be exceeded without written authorization:
• Polymer system spill containment - $4,000
• Influent bypass piping - $4,800
• Influent bypass pond liner - $5,000
• Concrete tank cleaning and inspection - $26,501
MKN will perform the following tasks in support of this work.
Subtask 106A – Bid Phase Support
Where bidding of capital improvements or equipment is required, MKN will provide bid phase support to assist City with preparation for bid, questions during bid advertisement, and bid review.
MKN will perform the following:
• Provide electronic plans and specifications for electronic and hard bid distribution (by others). It is assumed City will contract with a local copy service for distribution of plans and specifications and receive weekly updates on the list of plan holders to provide to City. • Provide City with construction documents (electronic copies) • Organize and attend pre-bid job walk
• Respond to inquiries from bidders
• Receive bidders’ questions and coordinate responses with City, as required 147
Clete Saunier
WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 5 • Prepare addenda, if required
• Assist the City in bid review
• Provide recommendations on successful bidder award
• Assist City in resolving bid protests (if necessary – budget to be determined at that time) • Attend City Council meeting to present recommendations on bid award The following engineering services during construction will be provided. Assumptions are included as the basis for the budget.
Subtask 106B – Preconstruction meeting
MKN will plan and attend a meeting with the City and the Contractor to review the project status, discuss schedule and project requirements, and establish lines of communication.
Subtask 106C – Submittal review
MKN will receive log and review technical submittals and provide responses in a timely manner.
Subtask 106D – Respond to RFIs
MKN will log, manage, and respond to Requests for Information (RFIs) from the Contractor.
Subtask 106E – Respond to Requests for Change
As directed by City, MKN will review proposed change orders related to design issues submitted by the Contractor or requested by the City. Change order submittals will include supporting records.
MKN’s review will include the potential impacts on the project schedule and budget and will include recommendations to address the proposed changes.
Subtask 106F – Engineer’s Observation of Work in Progress MKN will perform technical field observation to review work progress for general conformance with the plans and specifications and design issues or conflicts as they arise. MKN will provide a written summary of the field visit and construction progress and will contact City immediately if nonconformance issues are identified.
Overall level of effort for observation of Contractor’s work in progress can vary greatly. If additional field observation beyond our assumed budget is necessary, MKN will alert the City promptly with a recommendation on how to proceed.
Subtask 106G – Final walkthrough and punch list
MKN will attend a final walkthrough with City and contractor to develop a punch list for final completion of the project.
Subtask 106H – Record Drawings
MKN will prepare a final set of record drawings based on the Contractor’s as-built drawings.
ADDITIONAL SERVICES (TASK GROUP 100)
The following services will not be included in Task Group 100 but could be included as additional services:
• Electrical engineering;
• Structural engineering;
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 6 • Controls/instrumentation engineering and systems integration; • Design phase survey or topographic mapping;
• Construction survey and staking;
• Materials testing;
• Special inspections;
• Labor compliance monitoring;
• Environmental monitoring; and
• Permit compliance.
MKN can provide these services upon request.
Task 107 – Development of Spill Prevention, Control, and Countermeasures Plan MKN will prepare a draft and final Spill Prevention, Control, and Countermeasures Plan to comply with the requirements of the 40CFR Part 112 for the preparation of a Spill Prevention Control and Countermeasures (SPCC) Plan for City water and wastewater facilities.
TASK GROUP 200 – WRF ADVANCED WATER TREATMENT FACILITY (AWTF) PLANNING, DESIGN
AND CONSTRUCTION PHASE SERVICES
MKN will continue planning, design, and construction phase services for the City’s Advanced Water Treatment Facility in accordance with Los Angeles Regional Water Quality Control Board requirements. Tasks are identified below. Work under Task Group 200 will be invoiced on an hourly time and materials basis, with the proposed budget total not to exceed without written authorization from the City.
Task 201 – Project Management, Meetings, and Quality Control MKN will provide the following services under this task group. We recommend a budget of 120 hours for the 2022/2023 fiscal year. Project management tasks for the remaining time under this contract will be performed under bid and construction phase services tasks (tasks 207 and 208).
Subtask 201A - Progress Reports
MKN will provide brief monthly progress reports, via email, with invoices.
Subtask 201B - Project Schedule
MKN will prepare a project schedule in Microsoft Project format and will maintain the schedule throughout completion of the project.
Subtask 201C - Quality Control
MKN will perform quality control reviews of all deliverables prior to submitting to the City. A Senior Engineer or Principal Engineer who is not involved in the day-to-day design effort will perform an independent review of the project.
Task 202 – AWTF Project Technical Support for WRF Regulatory Consultant 149
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 7 MKN will assist as needed with technical aspects of the AWTF project, as it relates to WRF regulatory issued, largely focused on coordination between the City the Regional Water Quality Control Board (RWQCB), and the City’s WRF Regulatory Consultant (Larry Walker Associates, “LWA”). Updates to the City WRF’s Waste Discharge Requirements and Cease and Desist Order were recently adopted at the Los Angeles RWQCB Meeting in May 2022. MKN anticipates minor follow up will be needed to keep the RWQCB staff informed as the City progresses with the Project. An allowance of 24 hours is recommended for the 2022/2023 fiscal year.
Task 203 – Consultant Procurement and Technical Support MKN will lead procurement efforts for additional consultants required for completion of the AWTF Project. For developing the budget, procurement of the following additional consultants is anticipated:
• Environmental Consultant for Biological Assessment and Archeological Monitoring during construction (per the project environmental assessment and CEQA documentation) MKN will perform the following work under this task in coordination with City staff • Develop draft and final Requests for Proposals (RFP)
• Perform outreach to potential proposers
• Review and respond to requests for information (RFIs) • Assist City staff with review of proposals
• Provide recommendation to City staff for award
• Draft staff report for City Council review and approval MKN will coordinate with the environmental consultant for monitoring services during construction as part of the Construction Phase Services task described below. We assume the work to procure the consultant will be completed within the 2022/2023 fiscal year and recommend a budget of 36 hours.
Task 204 – Preliminary Engineering Report - complete
Task 205 – Contract Documents – Assumed completed under Fiscal Year 2021/2022 Budget Task 206 – Assist with Grant and Loan Applications
MKN will continue assisting the City with the Clean Water State Revolving Fund (CWSRF) Loan application and agreement, administered through the State Water Resources Control Board Department of Financial Assistance, and with researching potential grant opportunities. For the purposes of this proposal, it is assumed the final CWSRF loan agreement will be completed by September 2022, though the effort take longer. We recommend a budget of approximately $20,800 for this task. The work included and additional assumptions are described below.
Subtask 206A - Research Grant Opportunities
MKN will continue researching state and federal grant opportunities for the project and provide the City with any potential leads. If the City wishes to pursue a specific grant opportunity, MKN will review program application requirements, and meet with City staff to discuss the scope of work with the City and provide recommendations for completing the application efficiently. An allowance of 44 hours is recommended for the 2022/2023 fiscal year.
Subtask 206B - CWSRF Loan Application and Agreement
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 8 MKN will continue assisting the City with the CWSRF Loan application and loan agreement. Our understanding is that the application package is complete at this time. The City received a preliminary draft loan agreement in May 2022, which is currently under review by the City’s legal counsel and bond counsel. MKN anticipates the following for this task:
• Review loan agreement from the Design Engineer and Construction Management perspective
• Coordinate with Department of Financial Assistance staff and City staff on questions and/or additional information needs
• Review funding requirements for incorporation into the contract documents • Coordinate funding schedule with project design completion and bidding schedule • Prepare draft staff reports to present final agreements and request authorization to execute to City Council and Santa Paula Utility Authority
We recommend a budget of 56 hours for the 2022/2023 fiscal year.
Task 207 – Bid Phase Services
MKN will provide bid phase support to assist City with preparation for bid, questions during bid advertisement, and bid review. MKN will perform the following:
• Provide electronic plans and specifications for electronic and hard bid distribution (by others). It is assumed City will contract with a local copy service for distribution of plans and specifications and receive weekly updates on the list of plan holders to provide to City. • Provide City with construction documents (electronic copies) • Organize and attend pre-bid job walk
• Respond to inquiries from bidders
• Receive bidders’ questions and coordinate responses with City, as required • Prepare addenda, if required
• Assist the City in bid review
• Provide recommendations on successful bidder award
• Assist City in resolving bid protests (if necessary – budget to be determined at that time) • Attend City Council meeting to present recommendations on bid award We anticipate the construction contract will go out for bid during the 2022/2023 fiscal year and recommend a budget of 188 hours, plus approximately $11,000 in subconsultant costs for the bid phase services described herein.
Task 208 – Construction Phase Services
MKN will provide engineering services during construction and construction management for the recycled water project to provide construction administration and help ensure the construction is completed according to the approved plans and specifications. The scope of work and assumptions used to develop the budget for this task are described below. It is assumed the construction will be divided over the 2022/2023 and 2023/2024 fiscal years and take approximately 16 months to complete. The recommended budget for the construction phase services is approximately $289,000 for 2022/2023 and $872,000 for 2023/2024.
Subtask 208A - Pre-Construction Conference and Pre-Construction Video 151
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 9 Conduct a preconstruction conference with the City and Contractor’s team prior to mobilization on the Project. As part of this effort MKN will: (1) review project requirements with the Contractor to facilitate the Contractor’s understanding of the Project; (2) review the Contractor's construction schedule and resource scheduling including equipment, labor and supervision planning; and (3) outline contract requirements including communication protocol, permitting, and safety matters such as traffic control.
Prior to the start of construction activities, MKN will provide a video survey of the project area to document existing conditions at the AWTF site, the borrow pit area, Calpipe Road in front of the Project site, the WRF, and adjacent areas. This video will be used in conjunction with the Contractorfurnished pre-construction video in the event a question arises regarding the existing condition of surrounding surface improvements and adjacent structures.
Subtask 208B - Progress Pay Estimate
MKN will review the Contractor’s progress pay estimates in accordance with the contract documents.
Progress estimates will be supported by source documents, which represent measured quantities. A monthly pay estimate will be forwarded to the City with recommendations regarding contractor payment. MKN will maintain a current estimate of overall construction costs based on the contractor’s bid and the earned value of the work performed. It is assumed up to sixteen (16) payment requests will be reviewed.
Subtask 208C - Submittal Management
MKN will maintain a log of, manage, and review shop drawings and submittals and provide responses.
Submittals will be circulated to the City for review where applicable. It is anticipated that up to 120 submittals will be received. It is assumed that no more than one original submittal will be received, and that no more than 60 (total) conforming resubmittals will be required out of the 120 submittals (for a total of 180 submittal reviews).
Subtask 208D - Requests for Information (RFIs) Management MKN will maintain a log of, manage, review, and respond to Contractor RFIs. Our budget is based on reviewing and responding to up to 40 RFIs.
Subtask 208E - Change Order Management
MKN will investigate proposed change orders submitted by the Contractor or requested by the City.
MKN will evaluate potential impacts on the project schedule and budget and will recommend approval or disapproval. As part of this task MKN will:
o Assemble documentation to include such items as inspection reports, test reports, drawings, sketches, photographs, and other materials as required. o Circulate potential change order requests to the City for additional information and comments.
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 10 o Assess the impacts of the proposed change on the Contractor's schedule and operations; and prepare a written response summarizing the impact of the proposed change in terms of extra costs / cost savings, schedule, and effect on Contractor's obligations. o Coordinate responses to RFIs. Evaluate the Contractor's price proposals and accuracy of construction quantities, rates and unit prices, and time and schedule impacts. o Maintain a change order log as a means for tracking change order proposals through the review and approval process. MKN will establish files for potential change orders or claims to accumulate supporting documentation should the issues result in a change order or claim.
MKN will review eight (8) change order requests from the contractor and provide a recommendation to the City.
Subtask 208F - Monthly Progress Reports
MKN will provide monthly progress reports to the City for use in updating the Board and for funding reporting. These reports will include a schedule summary, budget summary, and a summary of construction activities including photos. This proposal assumes 16 progress reports.
Subtask 208G - Final Inspection and Punch List
MKN will, in conjunction with the City, evaluate the near completed facilities to confirm general compliance and/or identify discrepancies and deficiencies in the work performed by the Contractor.
MKN will prepare the necessary punch list to identify such items. Upon correction of the punch-list items by the contractor MKN will report to the City on the completion of the project and recommend project acceptance and final payment to the Contractor.
Subtask 208H - Record Drawings
MKN will receive the Contractor’s redlines and review for completeness and accuracy based on observation reports, photos, RFIs and approved change orders. Redlines will then be developed into Record Drawings using AutoCAD.
Subtask 208I - Construction Observation
For budgetary purposes, this proposal assumes that MKN will have a full-time onsite observer at the project site and a part-time Resident Engineer for the project duration. We have assumed 350 working days (16 months).
MKN will implement observation guidelines for monitoring the quality of the Contractor's work, conduct field observation, and prepare documentation (on an as-needed basis) of construction tasks.
Copies of significant photographs of construction activities will be provided to the City. Additionally, MKN will obtain delivery slips and tickets for materials delivered to the jobsite to use when checking payment requests.
Upon witnessing (and discussing with City) materials, installation process, or levels of quality that do not meet the requirements of the construction contract documents, MKN may issue a 153
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 11 NonConformance Report notifying the Contractor of such deviation and inquire about the Contractor's proposed corrective action. Copies will be immediately forwarded to the City.
The Contractor has sole responsibility for compliance with safety requirements. MKN staff will monitor the Contractor's general compliance with its safety program.
Subtask 208J - Project Review Meetings
MKN will hold bi-weekly construction meetings with the Contractor at the job site to review project schedule and to coordinate special inspections, biological monitoring, and archeological observation if required. City personnel will be invited to attend these meetings but will not be required to attend unless notified regarding a specific topic to review/coordinate with the Contractor. The design engineer may also be included when requested by the Contractor or Resident Engineer to discuss design issues.
Subtask 208K - Engineering Site Visits
The Design Engineer will perform periodic site visits to review work in progress. We assume five (5) site visits during construction.
Subtask 208L - Labor Compliance
As part of this effort, MKN will provide a Labor Compliance Program to monitor the Contractor’s labor compliance, which shall include the following at minimum:
• Pre-Job Conference. Conduct a pre-job conference with the Contractor and subcontractors listed in the bid before commencement of the work. Discuss labor compliance requirements furnish copies of the suggested reporting forms. Maintain records of the conference for the project file.
• Monthly Audit of Contractor Certified Payroll. Review certified payrolls submitted by the Contractor and their subcontractors to verify compliance with the requirements of prevailing wage. Monitor that Apprenticeship requirements are being met. • Monthly On-Site Interview. Conduct random on-site Contractor employee interviews on a monthly basis as required by the Labor Compliance Program. • Violation Enforcement and Recommendations. Communicate potential violations to the City and provide recommended action.
• Annual Reporting to the Department of Industrial Relations (DIR). Compile and submit a summary report to the DIR. The report will be submitted annually during construction and at the conclusion of the project.
Subtask 208M - Soils and Materials Testing, and Specialty Inspection MKN will provide inspection services and materials testing including but not necessarily limited to the following:
• Concrete inspection and testing
• Soil and foundations inspection
• Masonry inspection
• Hot-rolled steel, welding, and bolting
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 12 • Cold-formed steel
• Rebar inspection
• Formwork
• Structural steel
• Weld inspection
• Anchor pull testing
• Structural CMU
• Spot-check surveying
• Other quality check inspections as required for the City by the contract documents Subtask 208N - Construction Administration
MKN will compile a Construction Administration Procedures Manual for the project. The manual will define project administration team responsibilities and assignments, and to what degree and frequency the tasks will be executed. It will include emergency contacts and action plans. The primary purpose of the manual is to define the appropriate level of project administration, coordination, and communication. MKN will maintain a set of contract files per the procedures identified in the Construction Administration Procedures Manual. We recommend a budget of six (6) hours per week for this task.
ADDITIONAL SERVICES (TASK GROUP 200)
The following services will not be included in Task Group 200 but could be included as additional services:
• Property research, including easement/purchase negotiation • Permitting
• Bid advertisement, maintenance of plan holders list
• Environmental, cultural or archeological monitoring
• Mitigation of contaminated soils
• Utility potholing
• Construction staking or surveying
• Services not explicitly described in the scope of work herein TASK GROUP 300 – STORMWATER PROGRAM SUPPORT
MKN will provide engineering services in support of the City’s stormwater program. Work under Task Group 300 will be invoiced on an hourly time and materials basis, with the proposed budget total not to exceed without written authorization from the City.
Task 301 - Ventura Countywide Stormwater Permit (R4-2021-0105) Compliance and Coordination MKN will perform the following services:
• Coordination and submittal of City’s data for Annual Report to VCWPD • Monthly meeting of Ventura Countywide Stormwater Management Committee – Attend meetings as necessary (Committee meets monthly)
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 13 • Meetings of Ventura Countywide Stormwater Management Committee Subcommittees (Business, Public Agency, Construction, Public Outreach, Planning and Land Development) – Attend meetings as necessary
• Review and provide comments on revisions to VC Stormwater Program’s Implementation Agreement
• Regular coordination and briefing to City staff on Program issues • Review existing City’s Stormwater Program Best Management Practices, and inspection programs, and provide recommendations on current efforts to remain in compliance with Permit
• Coordinate any mandatory training(s)
• Update existing City Stormwater Plan(s) as necessary
• Review City’s annual stormwater budget, and benefit assessment and provide comments as requested
• Prepare staff report(s) and presentation(s) (and present if requested) for City Council • As-needed consulting assistance regarding the Stormwater Program’s compliance with Federal and State requirements
• Stay current on state of affairs at the regional, state and national level and provide a briefing if requested
MKN proposes to budget approximately 29 hours per month for this task, for a total of 196 hours per year.
Task 302 - Ventura Countywide Stormwater Watershed Management Plan (WMPs) and Coordinated Integrated Monitoring Plan (CIMP) Development MKN will perform the following services:
• Coordinate data inquires for WMP development
• Review and provide analysis of Administrative, Draft and Final WMP and CIMPs • Coordinate efforts with Ventura Countywide Stormwater Program (and attend necessary meetings) on behalf of the City
MKN proposes to budget approximately 4 hours per month for this task, for a total of 48 hours per year.
Task 303 - TMDL Compliance
MKN will perform the following services:
• Monthly meeting of Ventura Countywide Stormwater Management Committee – Attend meetings as necessary (Committee meets monthly) and provide input on TMDLs agenda items.
• Meetings of Santa Clara River Bacteria TMDL Group – Attend meetings as necessary (Committee meets monthly) and provide input on TMDLs agenda items. • Review applicable City TMDLs, and TMDL Implementation Plans. Prepare memo(s) with summary of issues of TMDL implications to City.
• SWRCB Trash TMDL. Review current compliance and implement efforts (including identified catch basins identified for installation of full capture devices) and provide recommendations.
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 14 MKN proposes to budget a total of approximately 2 hours per week, for a total of 100 hours per year.
Task 304 – Response to Other State Water Resources Control Board and/or Regional Board Inquiries
If requested, review and provide analysis of SWRCB and/or RWQCB correspondence, inquires, and initiatives received by the City. MKN proposes to budget 2 hours per month for this task, for a total of 24 hours per year.
TASK GROUP 400 – DRINKING WATER PROGRAM SUPPORT
MKN will provide engineering services in support of the City’s drinking water program. Work under Task Group 400 will be invoiced on an hourly time and materials basis, with the proposed budget total not to be exceeded without written authorization from the City.
Task 401 – Division of Drinking Water/Department of Water Resources Compliance Subtask 401A – 2025 Urban Water Management Plan Update
Data Collection and Review: A kickoff meeting will be held with City staff to discuss the project approach, review changes since 2020, discuss communications protocols and public outreach, and review the proposed schedule. At this meeting, any new DWR documents that have been released will be discussed. MKN will also provide City with a preliminary data needs list to assist staff with gathering pertinent records. A list of agencies to be notified will be prepared and draft contact letters will be provided for District staff after the meeting.
UWMP Update: Each chapter of the City’s 2020 UWMP will be updated and formatted for the 2025 update (based on the 2025 UWMP Guidebook). Changes to the UWMP will consist of reorganization of chapters, updates to the more general chapters (e.g., system description, plan preparation, etc.) and changes to the more specific chapters (e.g., supplies, demands, baselines, reliability, etc.) to meet current guidelines. It is assumed guidelines will be consistent with 2020 requirements. If guidelines change and require more effort than budgeted herein, MKN will notify the City to discuss budget augmentation or receive direction. All data will be input into the DWR-furnished UWMP and SBX7-7 tables.
Based on the 2020 UWMP and updated information provided by City, MKN will prepare an administrative draft of the 2025 UWMP for review and comment by City staff. MKN will attend an administrative draft review meeting with City staff prior to the scheduled board meeting identified below.
Public Review and Final UWMP: Comments from review of the administrative draft will be incorporated in a Public Review Draft for release during a public hearing (or Council meeting as described below). MKN will attend the public hearing and assist City in addressing any comments received. The UWMP will be finalized, uploaded to Department of Water Resources’ WUEdata web portal, and made available as required under the Code. It is assumed MKN will provide a cameraready draft and pdfs to City and/or a copy center for production of bound copies. 157
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 15 Meetings: MKN will coordinate and attend a meeting with City staff to initiate this work. MKN will prepare and provide a draft agenda at least one (1) business day before the meeting. Topics covered will include scope of work, a preliminary list of data needs, project schedule, project deliverables and review.
MKN will attend one (1) review meeting after the City has completed their review of the administrative draft UWMP.
MKN will plan and attend meetings with neighboring and partnering agencies as required for UWMP development. MKN will work with City staff to identify the appropriate agencies. Twenty-four (24) hours have been budgeted for agency coordination meetings.
MKN will attend one (1) Council meeting to present the public draft UWMP. MKN will attend a second Council meeting for adoption of the 2025 UWMP update and be available to respond to any questions.
Subtask 401B – Annual Water Supply and Demand Assessment Beginning by July 1, 2022, each Supplier shall prepare their annual water supply and demand assessment (referred to in this Guidebook as an Annual Assessment) and submit an Annual Water Shortage Assessment Report to DWR. The Annual Water Shortage Assessment Report will be due by July 1 of every year, as required by Water Code Section 10632.1. The Annual Assessment and associated reporting are to be conducted based on the Supplier’s procedures detailed in the WSCP.
DWR is developing a stand-alone guidance document that will recommend practical procedures and analytical methods that may be used, at the Supplier’s discretion, to comply with the Annual Assessment requirement effectively and efficiently. The Annual Assessment guidance will discuss varying water supply sources and water use conditions to help Suppliers develop their own procedures. The Annual Assessment guidance is included as Appendix Q to this Guidebook.
This section of the Guidebook offers general guidance for Suppliers regarding the Annual Assessment information that must be included in the WSCP, but it does not provide guidance on the Supplierspecific procedures themselves. Furthermore, this section of the Guidebook does not provide guidance on the form or substance of Annual Water Shortage Assessment Reports to be submitted to DWR by July 1, 2022.
As required by Water Code Section 10632(a), the Supplier’s WSCP shall include its specific procedures—akin to an instruction manual—that describe annual steps and timing to complete the Annual Assessment, such that it can be consistently followed year-after-year, regardless of changing Supplier staff undertaking the steps. Water Code requires that the following shall be described by the Supplier in its WSCP for this element.
Subtask 401C – Water Loss Audit
Each year, MKN will perform a water loss audit for the City using the American Water Works Association (AWWA) Excel-based water audit software. MKN will provide required submittals to the California Department of Water Resources each year. The following information will be required from the City to prepare the audit:
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 16 1. Supply from own sources consisting of monthly potable water production (should not include raw water sources) as documented by supply meters or other means
2. Supply imported/exported per connection on a monthly basis (if applicable)
3. Supply meter accuracy and calibration testing (if conducted)
4. Customer consumption records consisting of monthly consumption by user types
5. The following information is also recommended if available:
• Customer meter accuracy and calibration testing (if conducted) Customer meter inaccuracy derivation
• Average operating pressure derivation
• Customer retail unit cost derivation
• Variable production cost derivation
MKN will prepare a draft version of the spreadsheet for City review and will then prepare a final spreadsheet and submit to DWR.
Deliverables:
• Draft AWWA Excel-based water loss spreadsheet
• Final AWWA Excel-based water loss spreadsheet
Subtask 401D – Water Loss Audit Validation
MKN will assign a certified water loss audit validator to review the Water Loss Audit and complete and submit the validation report to. Work efforts are described below.
Preliminary Water Audit Documentation Review: To complete a Level 1 Water Loss Audit Validation, the certified validator will review the information used to develop the Audit.
MKN will review/compare the preliminary AWWA water loss audit (calendar years 2023-2025) to the supporting information described above. Data inputs and data validity grades (DVG) in the AWWA water loss audit software will be reviewed and documented for consistency with the required supporting and supplemental information. The following performance indicators (included in the AWWA spreadsheet once an audit is completed) will be reviewed and compared to the AWWA Manual M36 guidelines:
• Non-Revenue Water as a percent by cost of operating the system • Real losses (service connection/day, length of main/day, service connection/day/PSI) • Infrastructure Leakage index
A listing of the data received and copies of the supporting and supplemental information provided will be included in a summary memorandum.
Water Loss Audit Interview: Based on the information provided/reviewed in Task 1, MKN will develop a draft of the Level 1 Validation Summary Notes (based on available information provided), which will be discussed during the water loss audit validation interview. The certified MKN validator will schedule a time with City and MKN staff involved in preparing the water loss audit either via onsite 159
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 17 meeting or teleconference. Following the meeting there maybe additional information and/or clarification requested to complete the water loss audit validation. MKN will identify any additional requirements and assumes that the City will be able to provide comments within two weeks following the interview.
Preparation of Validated Water Loss Audit and Report: Following the water loss audit interview, MKN will prepare the final validation documentation and provide it to the City to submit to DWR. Reports are required to be submitted on or before October 1 annually, using DWR's WUEdata portal located at: https://wuedata.water.ca.gov/secure. MKN will prepare a summary memorandum documenting the supporting and supplemental information provided, results of the water loss audit interview, and required submittal items for DWR.
Deliverables:
• 2018 Water Loss Audit Summary Memorandum
• Level 1 Validation Summary Notes (submitted to purveyor) • Validated AWWA Water Loss Audit (submitted to DWR)
• Certified Validation Report (submitted to DWR)
Subtask 401E – Development of Standard Operation Procedures for Water System Facilities On December 31, 2021 the State Water Resources Control Board Division of Drinking Water completed a sanitary survey of the City’s existing water system. The City currently does not have standard operating procedures (SOPs) or emergency operating procedures (EOP) for existing water system facilities. MKN will work with the City to develop a list of recommended SOPs and EOPs and develop those documents over the next three years.
A budget of 8 hours per month is requested for a total of 96 hours per year.
Subtask 401F – Asset Management Software Support
MKN understands that the City is in the process of implementing an asset management system developed by MainStar. MKN will provide as needed GIS support for additional mapping requirements requested by the City.
A budget of 6 hours per month is requested for a total of 72 hours per year.
Subtask 401G – Water Conservation
MKN will assist the City with compliance with California Water Conservation Act (SB7x-7; Water Code 10608, 10631, and 10800) regarding urban water use targets. MKN will also provide assistance with preparation of the City’s 20x2020 analysis.
A budget of 16 hours per month is requested for a total of 192 hours per year.
Subtask 401H - Drinking Water Program Reporting and Division of Drinking Water (DDW) Compliance
MKN will perform the following tasks:
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 18 • Assistance with preparation of monthly, quarterly, and annual reports including, but not limited to Consumer Confidence, Annual Operations, Production, Coliform, and Iron and Manganese Reports.
• Review current Standard Operations Procedures and provide recommendations.
A budget of 8 hours per month is requested for a total of 96 hours per year.
Subtask 401I – Meetings and Coordination with City staff MKN will perform the following tasks:
• Regular coordination and briefing to City staff on Program issues. • Coordinate any mandatory training(s).
• Prepare presentations (and present if requested) to City Council. • As-needed consulting assistance regarding the Water Program’s compliance with Federal and State requirements.
A budget of 4 hours per month is requested for a total of 48 hours per year.
Task 402 - Other State Water Resources Control Board and/or California Department of Water Resources Inquiries
If requested, review and provide analysis of SWRCB and/or DWR correspondence, inquiries and initiatives received by the City.
A budget of 8 hours per month is requested for a total of 96 hours per year.
TASK GROUP 500 - INTEGRATED REGIONAL WATER MANAGEMENT PROGRAM MKN will research, attend meetings, coordinate and provide recommendations for opportunities for the City to participate in the Watersheds Coalition of Ventura County and the State of California’s Integrated Regional Water Management Plan program to assist the City’s stormwater, water and water conservation programs.
A budget of 2 hours per month is requested for a total of 24 hours per year. Work under Task Group 500 will be invoiced on an hourly time and materials basis, with the proposed budget total not to exceed without written authorization from the City.
ASSUMPTIONS
MKN shall be entitled to rely reasonably upon the accuracy of data and information provided by or through the City and will use good professional judgment in reviewing and evaluating such information. If MKN identifies any error or inaccuracy in data or information provided by or through City, or determines that additional data or information is needed to perform the services, MKN shall promptly notify the client.
MKN will provide data requests to City as needs arise.
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WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 19 ESTIMATED FEE
Table 1 summarizes the budget for our fee for all tasks identified above. It is assumed the fee schedule will be adjusted by 3% per year on July 1st for each fiscal year. Work will be invoiced on an hourly time and materials basis, with the proposed budget total not to exceed without written authorization from the City.
Table 1
Proposed Budget by Fiscal Year
Task Group 2022/2023 2023/2024 2024/2025
100 – WRF OPERATIONS
SUPPORT $193,487 $137,576 $141,472
200 – AWTF PLANNING,
DESIGN AND
CONSTRUCTION PHASE
SERVICES
$414,789 $895,608 $0
300 – STORMWATER
PROGRAM SUPPORT $93,920 $96,737 $99,639
400 – DRINKING WATER
PROGRAM SUPPORT $129,071 $132,944 $200,963
500 – INTEGRATED
REGIONAL WATER
MANAGEMENT PLAN
$4,775 $4,918 $5,066
Subtotal Tasks 100, 300,
400, 500 $421,253 $372,175 $447,140
Subtotal Task 200 $414,789 $895,608 $0
Total $836,042 $1,267,783 $447,140
A detailed estimate of hours and estimated other direct costs (ODCs) is provided on the attached tables.
We hope this proposal meets your expectations and look forward to continuing our work with you and the City.
162
Clete Saunier
WRF 2022-2025 Water Recycling Facility Operations, AWTF Project, Stormwater, and Drinking Water Support 20 Sincerely,
Michael K. Nunley, PE
CEO/President
Attachments:
Detailed Budget with Manhour Breakdown
2022 Fee Schedule
163
Santa Paula WRF Operation, Recycled Water, Stormwater, and Drinking Water Support FY22/23 Project Director/
Operations Manager
Principal Engineer
Sr. Project Engineer II
Project Engineer/ Senior
Scientist
Resident Engineer
Assistant Engineer II
Construction Inspector
Drafting
Administrative Assistant
Total Hours
ODCs
Subconsultant
Total MKN Labor
Total Cost
Task 101 ‐ Review Recommendations and Proposed Repair, Replacement, and Capital Expenditures 30 28 5 63 426 $ $ 14,200 $ 14,626 Task 102 ‐ Review Budgets, Expenditures, and Payment Requests 170 170 1,224 $ $ 40,800 $ 42,024 Task 103 ‐ Meetings, Site Visits, and Conference Calls 40 100 45 185 8,817 $ $ 43,900 $ 52,717 Task 104 ‐ Project Management and Reporting 48 48 96 906 $ $ 23,520 $ 24,426 Task 105 ‐ Engineering and Procurement 2 4 6 8 8 28 580 $ $ 5,420 $ 6,000 Task 106 ‐ Construction or Installation Phase Support for Capital Improvements 16 40 24 96 16 192 2,701 $ $ 37,600 $ 40,301 Task 107 ‐ Development of Spill Prevention, Control, and Countermeasures Plan 2 4 12 22 28 68 454 $ $ 12,940 $ 13,394 Subtotal 108 396 115 0 0 109 0 24 0 802 15,107 $ ‐ $ $ 178,380 $ 193,487 Task 201 ‐ Project Management, Meetings, and Quality Control 48 16 48 8 120 832 $ $ 27,744 $ 28,576 Task 202 ‐ AWTF Project Technical Support for Regulatory Issues (allowance) 12 12 24 169 $ $ 5,640 $ 5,809 Task 203 ‐ Consultant Procurement and Technical Support 12 8 16 36 223 $ $ 7,448 $ 7,671 Task 204 ‐ Preliminary Engineering Report ‐ complete 0 $ ‐ $ ‐ $ ‐ Task 205 ‐ Contract Documents ‐ Completed under previous FY budget 0 $ ‐ ‐ $ $ ‐ Task 206 ‐ Assist with Grant and Loan Applications 0 $ ‐ $ ‐ $ ‐ Task 206A. Grant Research 8 12 24 44 260 $ $ 8,672 $ 8,932 Task 206B. CWSRF Loan Application and Agreement 24 12 12 8 56 345 $ $ 11,496 $ 11,841 Task 207 ‐ Bid Phase Services 20 24 24 36 52 24 8 188 1,088 $ $ 11,000 $ 36,272 $ 48,360 Task 208 ‐ Construction Phase Services 16 16 50 40 449 76 640 20 1307 7,253 $ $ 47,027 $ 235,105 $ 289,385 Task 209 ‐ Assistance with Brine Disposal Coordination 12 8 24 12 8 64 414 $ $ 13,800 $ 14,214 Task 210 ‐ Contractor Prequalification ‐ complete 0 $ ‐ $ ‐ $ ‐ Subtotal 152 64 190 88 449 196 640 24 36 1839 10,585 $ $ 58,027 $ 346,177 $ 414,789 Task 301 ‐ Ventura Countywide Stormwater Permit Compliance 2 130 208 340 1,797 $ $ 59,884 $ 61,681 Task 302 ‐ Ventura Countywide Stormwater WMP and CIMP Development 48 48 271 $ $ 9,024 $ 9,295 Task 303 ‐ TMDL Compliance 48 52 100 533 $ $ 17,760 $ 18,293 Task 304 ‐ Other State Water Resources Control Board and/or Regional Board Inquiries 2 16 6 24 135 $ $ 4,516 $ 4,651 Subtotal 4 0 0 242 0 266 0 0 0 512 2,736 $ $ ‐ $ 91,184 $ 93,920 Task 401 ‐ DDW/DWR Compliance
401A ‐ 2025 Urban Water Management Plan Update 0
401B ‐ Annual Water Supply and Demand Assessment 2 12 16 4 34 176 $ $ 5,864 $ 6,040 401C ‐ Water Loss Audit 1 8 12 2 23 119 $ $ 3,980 $ 4,099 401D ‐ Water Loss Audit Validation 1 10 12 2 25 131 $ $ 4,356 $ 4,487 401E – Development of Standard Operation Procedures for Water System 2 22 24 44 4 96 530 $ $ 17,664 $ 18,194 401F – Asset Management Software Support 2 8 24 34 4 72 387 $ $ 12,904 $ 13,291 401G ‐ Water Conservation 2 46 60 80 4 192 1,073 $ $ 35,760 $ 36,833 401H ‐ Drinking Water Program Reporting and DDW Compliance 2 22 24 44 4 96 530 $ $ 17,664 $ 18,194 401I ‐ Meetings and Coordination with City staff 2 20 22 4 48 284 $ $ 9,456 $ 9,740 Task 402 ‐ Other SWRCB/DWR Inquiries 2 22 24 44 4 96 530 $ $ 17,664 $ 18,194 Subtotal 16 0 140 208 0 286 0 0 32 682 3,759 $ $ ‐ $ 125,312 $ 129,071 Engineering Support 2 22 24 139 $ $ 4,636 $ 4,775
Subtotal 2 0 0 22 0 0 0 0 0 24 139 $ $ ‐ $ 4,636 $ 4,775 TOTAL ESTIMATED FEE 282 460 445 560 449 857 640 48 68 3859 32,327 $ $ 58,027 $ 745,689 $ 836,042 Billing Rates $/hrProject Director/ Operations Manager 250 Principal Engineer 240Sr. Project Engineer II 220
Project Engineer/ Senior Scientist 188
Resident Engineer 191Assistant Engineer II 168Construction Inspector 169Drafting 162Administrative Assistant 105 Mileage to be reimbursed at IRS rate
Task Group 300 ‐ Stormwater Program SupportTask Group 400 ‐ Water Program Support Task Group 500 ‐Integrated Regional Water Management Plan Support Task Group 100 ‐ WRF Operations Support
Task Group 200 ‐ WRF Advanced Treatment Facility Planning, Design, and Construction Phase Services 164
Santa Paula WRF Operation, Recycled Water, Stormwater, and Drinking Water Support FY23/24 Project Director/
Operations Manager
Principal Engineer
Sr. Project Engineer II
Project Engineer/ Senior
Scientist
Resident Engineer
Assistant Engineer II
Construction Inspector
Drafting
Administrative Assistant
Total Hours
ODCs
Subconsultant
Total MKN Labor
Total Cost
Task 101 ‐ Review Recommendations and Proposed Repair, Replacement, and Capital Expenditures 30 28 5 63 $ 439 $ 14,626 $ 15,065 Task 102 ‐ Review Budgets, Expenditures, and Payment Requests 170 170 1,261 $ $ 42,024 $ 43,285 Task 103 ‐ Meetings, Site Visits, and Conference Calls 40 100 45 185 8,857 $ $ 45,217 $ 54,074 Task 104 ‐ Project Management and Reporting 48 48 96 $ 927 $ 24,226 $ 25,152 Task 105 ‐ Engineering and Procurement 0 $ ‐ $ ‐ $ ‐
Task 106 ‐ Construction or Installation Phase Support for Capital Improvements 0 $ ‐ $ ‐ $ ‐ Subtotal 88 348 73 0 0 5 0 0 0 514 11,483 $ $ ‐ $ 126,093 $ 137,576 Task 201 ‐ Project Management, Meetings, and Quality Control ‐ completed under Task 208 0 $ ‐ $ ‐ $ ‐ Task 202 ‐ AWTF Project Planning/Technical Support for Regulatory Consultant ‐ complete 0 $ ‐ $ ‐ $ ‐ Task 203 ‐ Consultant Procurement and Technical Support ‐ complete 0 $ ‐ $ ‐ $ ‐ Task 204 ‐ Preliminary Engineering Report ‐ complete 0 $ ‐ $ ‐ $ ‐ Task 205 ‐ Contract Documents ‐ complete 0 $ ‐ $ ‐ $ ‐
Task 206 ‐ Assist with Grant and Loan Application ‐ Allowance 8 12 24 44 $ 268 $ 8,932 $ 9,200 Task 207 ‐ Bid Phase Services ‐ complete 0 $ ‐ $ ‐ $ ‐
Task 208 ‐ Construction Phase Services 46 38 164 110 1347 227 2058 40 56 4087 22,652 $ $ 94,053 $ 755,062 $ 871,768 Task 209 ‐ Assistance with Brine Disposal Coordination 12 8 24 12 8 64 $ 426 $ 14,214 $ 14,640 Task 210 ‐ Contractor Prequalification ‐ complete 0 $ ‐ $ ‐ $ ‐ Subtotal 66 46 200 122 1347 259 2058 40 56 4195 23,346 $ $ 94,053 $ 778,209 $ 895,608 Task 301 ‐ Ventura Countywide Stormwater Permit Compliance 2 130 208 340 1,850 $ $ 61,681 $ 63,531 Task 302 ‐ Ventura Countywide Stormwater WMP and CIMP Development 48 48 $ 279 $ 9,295 $ 9,574 Task 303 ‐ TMDL Compliance 48 52 100 $ 549 $ 18,293 $ 18,842 Task 304 ‐ Other State Water Resources Control Board and/or Regional Board Inquiries 2 16 6 24 $ 140 $ 4,651 $ 4,791 Subtotal 4 0 0 242 0 266 0 0 0 512 2,818 $ $ ‐ $ 93,920 $ 96,737 Task 401 ‐ DDW/DWR Compliance401A ‐ 2025 Urban Water Management Plan Update $ ‐ $ ‐ 401B ‐ Annual Water Supply and Demand Assessment 2 12 16 4 34 $ 181 $ 6,040 $ 6,221 401C ‐ Water Loss Audit 1 8 12 2 23 $ 123 $ 4,099 $ 4,222 401D ‐ Water Loss Audit Validation 1 10 12 2 25 $ 135 $ 4,487 $ 4,621 401E – Development of Standard Operation Procedures for Water System 2 22 24 44 4 96 $ 546 $ 18,194 $ 18,740 401F – Asset Management Software Support 2 8 24 34 4 72 $ 399 $ 13,291 $ 13,690 401G ‐ Water Conservation 2 46 60 80 4 192 1,105 $ $ 36,833 $ 37,938 401H ‐ Drinking Water Program Reporting and DDW Compliance 2 22 24 44 4 96 $ 546 $ 18,194 $ 18,740 401I ‐ Meetings and Coordination with City staff 2 20 22 4 48 $ 292 $ 9,740 $ 10,032 Task 402 ‐ Other SWRCB/DWR Inquiries 2 22 24 44 4 96 $ 546 $ 18,194 $ 18,740 Subtotal 16 0 140 208 0 286 0 0 32 682 $ 3,872 $ 129,071 $ 132,944 Engineering Support 2 22 24 $ 143 $ 4,775 $ 4,918
Subtotal 2 0 0 22 0 0 0 0 0 24 $ 143 $ ‐ $ 4,775 $ 4,918 TOTAL ESTIMATED FEE 176 394 413 594 1347 816 2058 40 88 5927 41,662 $ $ 94,053 $ 1,132,067 $ 1,267,783 Billing Rates $/hrProject Director/ Operations Manager 258 Principal Engineer 247
Sr. Project Engineer II 227
Project Engineer/ Senior Scientist 194
Resident Engineer 197
Assistant Engineer II 173
Construction Inspector 174
Drafting 167Administrative Assistant 108
Mileage to be reimbursed at IRS rate
Task Group 300 ‐ Stormwater Program Support
Task Group 400 ‐ Water Program Support
Task Group 500 ‐Integrated Regional Water Management Plan Support Task Group 100 ‐ WRF Operations Support
Task Group 200 ‐ WRF Advanced Treatment System Planning, Design, and Construction Phase Services 165
Santa Paula WRF Operation, Recycled Water, Stormwater, and Drinking Water Support FY24/25 Project Director/
Operations Manager
Principal Engineer
Sr. Project Engineer II
Project Engineer/ Senior
Scientist
Resident Engineer
Assistant Engineer II
Construction Inspector
Drafting
Administrative Assistant
Total Hours
ODCs
Subconsultant
Total MKN Labor
Total Cost
Task 101 ‐ Review Recommendations and Proposed Repair, Replacement, and Capital Expenditures 30 28 5 63 452 $ $ 15,065 $ 15,517 Task 102 ‐ Review Budgets, Expenditures, and Payment Requests 170 170 1,299 $ $ 43,285 $ 44,583 Task 103 ‐ Meetings, Site Visits, and Conference Calls 40 100 45 185 8,897 $ $ 46,574 $ 55,471 Task 104 ‐ Project Management and Reporting 48 48 96 949 $ $ 24,952 $ 25,901 Task 105 ‐ Engineering and Procurement 0 $ ‐ ‐ $ $ ‐ Task 106 ‐ Construction or Installation Phase Support for Capital Improvements 0 $ ‐ ‐ $ $ ‐ Subtotal 88 348 73 0 0 5 0 0 0 514 11,596 $ ‐ $ $ 129,875 $ 141,472 Task 201 ‐ Project Management, Meetings, and Quality Control 0 $ ‐ ‐ $ $ ‐ Task 202 ‐ Recycled Water Project Planning/Technical Support for Regulatory Consultant 0 $ ‐ ‐ $ $ ‐ Task 203 ‐ Consultant Procurement and Technical Support 0 $ ‐ ‐ $ $ ‐ Task 204 ‐ Preliminary Engineering Report 0 $ ‐ ‐ $ $ ‐ Task 205 ‐ Contract Documents 0 $ ‐ ‐ $ $ ‐ Task 206 ‐ Assist with Grant and Loan Application 0 $ ‐ ‐ $ $ ‐ Task 207 ‐ Bid Phase Services 0 $ ‐ ‐ $ $ ‐ Task 208 ‐ Construction Phase Services 0 $ ‐ ‐ $ $ ‐ Task 209 ‐ Assistance with Brine Disposal Coordination 0 $ ‐ ‐ $ $ ‐ Task 210 ‐ Contractor Prequalification 0 $ ‐ ‐ $ $ ‐ Subtotal 0 0 0 0 0 0 0 0 0 0 $ ‐ ‐ $ ‐ $ ‐ $ Task 301 ‐ Ventura Countywide Stormwater Permit Compliance 2 130 208 340 1,906 $ $ 63,531 $ 65,437 Task 302 ‐ Ventura Countywide Stormwater WMP and CIMP Development 48 48 287 $ $ 9,574 $ 9,861 Task 303 ‐ TMDL Compliance 48 52 100 565 $ $ 18,842 $ 19,407 Task 304 ‐ Other State Water Resources Control Board and/or Regional Board Inquiries 2 16 6 24 144 $ $ 4,791 $ 4,935 Subtotal 4 0 0 242 0 266 0 0 0 512 2,902 $ ‐ $ $ 96,737 $ 99,639 Task 401 ‐ DDW/DWR Compliance
401A ‐ 2025 Urban Water Management Plan Update 0
Data Collection and Review 8 20 28 155 $ $ 5,160 $ 5,315 UWMP Update 22 38 80 140 809 $ $ 26,972 $ 27,781
Public Review and Final UWMP 10 30 48 6 94 526 $ $ 17,541 $ 18,067 Meetings 4 8 22 16 6 56 375 $ $ 12,493 $ 12,868
401B ‐ Annual Water Supply and Demand Assessment 2 12 16 4 34 187 $ $ 6,221 $ 6,408 401C ‐ Water Loss Audit 1 8 12 2 23 127 $ $ 4,222 $ 4,349 401D ‐ Water Loss Audit Validation 1 10 12 2 25 139 $ $ 4,621 $ 4,760 401E – Development of Standard Operation Procedures for Water System 2 22 24 44 4 96 562 $ $ 18,740 $ 19,302 401F – Asset Management Software Support 2 8 24 34 4 72 411 $ $ 13,690 $ 14,101 401G ‐ Water Conservation 2 46 60 80 4 192 1,138 $ $ 37,938 $ 39,076 401H ‐ Drinking Water Program Reporting and DDW Compliance 2 22 24 44 4 96 562 $ $ 18,740 $ 19,302 401I ‐ Meetings and Coordination with City staff 2 20 22 4 48 301 $ $ 10,032 $ 10,333 Task 402 ‐ Other SWRCB/DWR Inquiries 2 22 24 44 4 96 562 $ $ 18,740 $ 19,302 Subtotal 20 8 194 300 0 440 0 0 38 1000 $ 5,853 $ 195,110 $ 200,963 Engineering Support 2 22 24 148 $ $ 4,918 $ 5,066
Subtotal 2 0 0 22 0 0 0 0 0 24 148 $ ‐ $ $ 4,918 $ 5,066 TOTAL ESTIMATED FEE 114 356 267 564 0 711 0 0 38 2050 20,499 $ ‐ $ $ 426,641 $ 447,140 Billing Rates $/hrProject Director / Operations Manager 265 Principal Engineer 255
Sr. Project Engineer II 233Project Engineer/ Senior Scientist 199 Resident Engineer 203Assistant Engineer II 178
Construction Inspector 179Drafting 172Administrative Assistant 111Mileage to be reimbursed at IRS rate Task Group 300 ‐ Stormwater Program Support
Task Group 400 ‐ Water Program Support
Task Group 500 ‐Integrated Regional Water Management Plan Support Task Group 100 ‐ WRF Operations Support
Task Group 200 ‐ WRF Advanced Treatment System Planning, Design, and Construction Phase Services 166
2022 FEE SCHEDULE FOR
PROFESSIONAL SERVICES
ENGINEERS AND TECHNICAL SUPPORT STAFF
AdministrativeAssistant $105/HR
Engineering Technician $114/HR
CAD Technician I $134/HR
CAD Design Technician II $151/HR
Senior Designer $162/HR
Assistant Engineer I $151/HR
Assistant Engineer II $168/HR
GIS Specialist $165/HR
Senior Planner $206/HR
Planner $188/HR
Project Engineer I/ Senior Scientist $188/HR
Project Engineer II $203/HR
Senior Project Engineer I $216/HR
Senior Project Engineer II $220/HR
Project Manager $229/HR
Principal Engineer $240/HR
Project Director $250/HR
CONSTRUCTION MANAGEMENT SERVICES
Construction Inspector $169/HR
Assistant Resident Engineer $176/HR
Resident Engineer $191/HR
Construction Inspector $205/HR
Construction Manager $209/HR
Principal Construction Manager $245/HR
Routine office expensessuch as computer usage, software licenses and fees, telephone charges, office equipment and supplies, incidental postage, copying, and faxes are included as a 3% fee on labor cost.
The foregoing Billing Rate Schedule is effective through December 31, 2022 and will be adjusted each year after at a rate of 2 to 5%.
DIRECT PROJECT EXPENSES
OutsideReproduction Cost + 10%
Subcontracted or Subconsultant Services Cost + 10%
Travel & Subsistence (other than mileage) Cost
Auto Mileage Current IRS Rate ‐ $.58.5/mi.
167
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: THREE YEAR PROFESSIONAL SERVICES AGREEMENT WITH GSI WATER SOLUTIONS, INC.
Date: August 17, 2022
Agenda Item: 10.G
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Three-Year Professional Services Agreement (“PSA”) with GSI Water Solutions, Inc. (“GSI”) to Provide Groundwater Monitoring Services on a Time and Materials Basis for the Santa Paula Water Recycling Facility (“SPWRF”) in a form approved by the City Attorney in the Amount of:
a. $173,480 for FY 2022-2023
b. $170,446 for FY 2023-2024
c. $173,877 for FY 2024-2025
BACKGROUND:
The Los Angeles Regional Water Quality Control Board (LARWQCB) renewed the Waste Discharge Requirements (WDR) Permit with requirements and effluent limitations on May 20, 2022. LARWQCB also adopted a Cease and Desist Order (CDO) with interim requirements for chloride. In addition, in June 2017, the Regional Board issued a Notice of Applicability (NOA) that authorized the City to produce and deliver recycled water under State’s General Water Reclamation Requirements for Recycled Water Use (Order WQ 2016-0068-DWQ, General Order). These permits and orders direct the City to perform specific monitoring and reporting of groundwater in the vicinity of the SPWRF.
GSI’s staff have worked with the City since 2007. Since 2015, they have provided required groundwater monitoring in compliance with the City’s wastewater permits and have supported the City’s efforts to develop a chloride compliance strategy and negotiate reasonable WDRs with the LARWQCB.
ANALYSIS:
As discussed, GSI will assist the City in addressing regulatory requirements associated with the CDO, its WDRs and Recycled Water Program through the following efforts:
Monthly measurement of water levels and maintenance of water level transducers 168
currently installed with each of nine monitoring wells surrounding the three percolation ponds; tabulation and presentation of the acquired data; and comparison of the water level data to groundwater separation requirements.
Collection of monthly groundwater samples from each of the nine wells in accordance with LARWQCB requirement; tabulation of the collected data.
Collection of monthly groundwater samples from each of three off-site wells in accordance with LARWQCB requirement; tabulation of the collected data.
Collection of annual groundwater samples from each of the nine on-site wells, three wells immediately off-site and several wells located further away in accordance with LARWQCB requirements; and tabulation of the collected data.
Collection of samples for “Constituents of Emerging Concern”, which were collected for the first time in 2018 and will be collected again in 2023.
Preparation and submittal of quarterly groundwater conditions reports to LARWQCB’s staff, the GeoTracker web site, City and SPWRF operations staff.
Provide additional assistance as required by City staff.
STRATEGIC PLAN:
The approval of this agenda item does not directly address the strategic goals within the City's adopted Strategic Plan.
FISCAL IMPACTS:
Fiscal impacts by fiscal year are listed below and additional details are provided in the attached GSI proposal. GSI’s work has been an integral part of the City’s required LARWQCB regulatory work associated with the WDR’s and CDO and as such considered a sole source service provider. Work will be invoiced on an hourly time and materials basis, with the proposed budget total not to be exceeded each fiscal year without written authorization from the City.
FY 2022-23 = $173,480
FY 2023-24 = $170,446
FY 2024-25 = $173,877
The Professional Services Agreement will be funded from Fund 610 (Sewer Enterprise Fees).
There are sufficient funds in the FY 2022-2023 Adopted Budget to cover the FY 2022-23 annual agreement amount. The process of amending the Professional Services Agreement is in accordance with SPMC § 41.17 (Professional Services). Future annual agreement amendments shall occur after each fiscal year contingent upon sufficient funding within the adopted fiscal year budget.
OPTIONS:
The Council has the following available alternative options to Staff’s recommendations:
1. Do not authorize the City Manager to execute a Three-Year Professional Services Agreement with GSI Water Solutions, Inc. at this time, but request Staff to negotiate 169
further with GSI Water Solutions, Inc. and return with a revised proposal. This action could threaten critically needed consultant services associated with groundwater monitoring services related to the Santa Paula Water Recycling Facility until a new agreement is authorized. This lapse in service provided by GSI Water Solutions, Inc. could have adverse consequences by failing to provide continuing groundwater consulting services related to monitoring, sampling, and reporting of groundwater conditions and groundwater-based regulatory compliance at the Santa Paula Water Recycling Facility.
2. Request staff initiate a new RFP process for such services.
ATTACHMENTS:
EXHIBIT A Three-Year PSA with GSI..pdf
170
EXHIBIT A
Three- Year Professional Services Agreement with GSI
Environmental, Inc.
171
65283.00001\33115264.1
-1- PROFESSIONAL SERVICES AGREEMENT
CITY OF SANTA PAULA
PROFESSIONAL SERVICES AGREEMENT WITH
GSI WATER SOLUTIONS, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this 17
th day of August, 2022, by and between
the City of Santa Paula, a municipal corporation organized under the laws of the State of California with its principal place of business at 970 Ventura Street, Santa Paula, CA 93060, County of Ventura, State of California ("City") and GSI Water Solutions, Inc., a California Corporation, with its principal place of business at 418 Chapala Street, Suite E, Santa Barbara, CA 93101 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing groundwater monitoring services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the FY 2022 - 2025 Groundwater Monitoring Services for the Water Recycling Facility project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional groundwater monitoring consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 17, 2022 to June 30, 2025 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional oneyear terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 172
65283.00001\33115264.1
-2- PROFESSIONAL SERVICES AGREEMENT
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Five Hundred Seventeen Thousand Eight Hundred Three Dollars and no cents ($517,803.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the 173
65283.00001\33115264.1
-3- PROFESSIONAL SERVICES AGREEMENT
professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Tim Nicely, Supervising Hydrogeologist.
3.3.5 City's Representative. The City hereby designates Clete J. Saunier, Public Works Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Tim Nicely, Supervising Hydrogeologist, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply 174
65283.00001\33115264.1
-4- PROFESSIONAL SERVICES AGREEMENT
with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 175
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3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all 176
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insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other 177
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exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall 178
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not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of 179
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liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project 180
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and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project 181
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or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the 182
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respective parties may provide in writing for this purpose:
Consultant: GSI Water Solutions, Inc.
418 Chapala Street, Suite E
Santa Barbara, CA 93101
City: City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
ATTN: Clete J. Saunier, Public Work Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
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3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 184
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3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Ventura County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease 185
65283.00001\33115264.1
-15- PROFESSIONAL SERVICES AGREEMENT
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
186
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SANTA PAULA AND
GSI WATER SOLUTIONS, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.
CITY OF SANTA PAULA
Approved By:
Dan Singer,
City Manager
Approved as to Form:
Best Best & Krieger LLP
City Attorney
Attested By:
Julie Latshaw,
City Clerk
65283.0000 I \33115264. 1
GSI WATER SOLUTIONS, INC.
By: -------------- -
Its: ---------------
Printed Name: __________ _
-16- PROFESSIONAL SERVICES AGREEMENT
Principal
Dave O'Rourke
187
65283.00001\33115264.1
Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES
188
GSI Water Solutions, Inc. 418 Chapala Street, Suite H, Santa Barbara, CA 93101 www.gsiws.com July 26, 2022
Clete Saunier, Director of Public Works
City of Santa Paula, Public Works Department
866 E. Main Street
Santa Paula, California 93060
Proposal for Groundwater Monitoring Services Related to the Santa Paula Water Recycling Facility GSI Water Solutions, Inc. (GSI), is pleased to provide this proposal for the continuation of groundwater consulting services related to monitoring, sampling, reporting of the groundwater conditions and groundwater-based regulatory compliance at Santa Paula’s Water Recycling Facility (SPWRF). This work will be performed on a monthly and quarterly basis in accordance with California Regional Water Quality Control Board (RWQCB) Waste Discharge Requirements (WDR) Order No. R4-2018-0022 and Cease and Desist Order (CDO) No. R4-2018-0023 (CI-9259).
Thorough and accurate monthly monitoring and quarterly reporting are central to satisfying the terms of the WDR and CDO. GSI offers the continuity of expertise and personnel to make this happen: the key GSI personnel assigned to this project include Tim Nicely, who has performed groundwater monitoring on behalf of the City of Santa Paula for the past 15 years, as well as Andres Lapostol and John Gauthier, who have conducted field monitoring events, worked on the data analysis, and assisted with quarterly report preparation for the past 5 years.
This proposal focuses on the scope of work required to conduct the monthly monitoring and quarterly reporting that are responsive to the RWQCB requirements for three one-year periods between August 2022 and June 2025.
We value our partnership with the City and appreciate this opportunity to continue to provide support to the City.
Please contact us if you have any questions regarding our proposal.
Sincerely,
GSI Water Solutions, Inc.
Timothy A. Nicely, PG, CHg 898 Andres Lapostol
Supervising Hydrogeologist Consulting Hydrogeologist
189
Proposal for Groundwater Monitoring Services Related to the Santa Paula Water Recycling Facility GSI Water Solutions, Inc. 1
Introduction
GSI Water Solutions, Inc. (GSI), is pleased to present this proposal for groundwater monitoring, reporting as required by RWQCB requirements in coordination with City staff.
Scope of Work
Groundwater Compliance Monitoring and Reporting Services The groundwater services we are proposing continues the monitoring we have performed for the City of Santa Paula (City) since before the installation of the WRF in order to satisfy the RWQCB’s groundwater monitoring requirements. These proposed services are based on our understanding of the current permitting requirements, which were presented in the revised WDRs and Cease and Desist Order (Order No. R4-2018-022, CI-9259, File No. 06-189, Global ID WDR100000849) adopted on May 20, 2022. This permit includes the following requirements:
▪ Monthly measurement of water levels and maintenance of water level transducers currently installed within each of the eight monitoring wells surrounding the three percolation ponds; tabulation and presentation of the acquired data; and comparison of the water level data to groundwater separation requirements per a RWQCB letter dated March 30, 2010.
▪ Collection of monthly groundwater samples from each of the nine wells in accordance with RWQCB requirements; tabulation of the collected data.
▪ Collection of monthly groundwater samples from each of three off-site wells in accordance with RWQCB requirements; tabulation of the collected data.
▪ Collection of annual groundwater samples from each of the nine on-site wells, three wells immediately offsite and several wells located further away in accordance with RWQCB requirements; and tabulation of the collected data.
▪ Collection of samples for “Constituents of Emerging Concern”, which were collected for the first time in 2018 and will be collected every 5 years thereafter (next in 2023). ▪ Preparation and submittal of quarterly groundwater conditions reports to RWQCB’s staff, the GeoTracker website, City and WRF operations staff. These reports will satisfy the RWQCB’s requirements, which require:
▪ Documentation of compliance with the requirements of the RWQCB letter dated March 30, 2010, ▪ Documentation that 2 feet of free-board exists at the pond levees, ▪ Quarterly calculation and reporting of shallow groundwater flow direction and separation beneath the percolation ponds,
▪ Documentation that daily water levels are collected (with dedicated transducers) during wet weather conditions,
▪ Documentation of daily water levels per paragraph (d) of the RWQCB letter to demonstrate “that 5 feet of separation exists at the pond center.”
▪ In addition to these groundwater monitoring tasks, we will:
▪ Attend relevant United Water Conservation District’s Groundwater Committee meetings as warranted on behalf of the City; and
▪ Assist the City’s staff or WRF operations staff with annual summary reporting or other reporting as required.
190
Proposal for Groundwater Monitoring Services Related to the Santa Paula Water Recycling Facility GSI Water Solutions, Inc. 2
▪ We will also remain available to assist the City of Santa Paula with additional groundwater-related assistance including:
▪ Technical assistance with respect to the Evaluation of Chloride SRWS Buyback Program; ▪ Assist with as-requested groundwater related services including sampling of off-site wells, communications with off-site well owners, and additional reporting tasks as requested by the RWQCB, ▪ Implementation of the Chloride Investigation and Wellhead Protection Workplan; and ▪ Coordination with the City and RWQCB staff in the process for pursuing a Basin Plan Amendment (alternative compliance plan) to modify the chloride objective as described in the City of Santa Paula’s CDO.
GSI staff have worked closely with staff members from the City, RWQCB, WRF plant operators and supporting consultant staff and understand the importance of ensuring continued compliance with the changing RWQCB requirements. To this end, we will continue to submit quarterly reports in a timely manner in a format familiar to and acceptable to the RWQCB.
To date, our staff has satisfied every submittal deadline and reporting requirement with regard to sampling, analysis and reporting of groundwater conditions for the past 15 years without exception. We will continue to provide quarterly reports augmented by water quality data and an interpretation of the acquired data relative to how the discharge is affecting the receiving groundwater in the area. We will support the compilation of the annual report to be completed by the WRF operators.
Fee Estimate
Our proposed fee to complete the tasks on a time-and-materials basis are presented below. This fee estimate includes a 10 percent markup on subconsultant work (Pace Analytical Labs, who recently acquired BC Labs, and VanEssen Instruments).
Labor
Cost
Outside
Services*
Direct
Expenses Total
Groundwater Monitoring 2022-2023 $96,505 $68,021 $8,954 $173,480 Groundwater Monitoring 2023-2024 $101,641 $59,180 $9,625 $170,446 Groundwater Monitoring 2024-2025 $104,656 $59,180 $10,041 $173,877 Project Totals $302,802 $186,381 $28,620 $517,803
These costs include laboratory analysis costs for the nine on-site monitoring wells, and limited chloride analysis from several off-site production wells.
The costs presented for fiscal years 2023-24 and 2024-25 are estimated and may will be reviewed to reevaluate laboratory and other costs in the interest of reducing costs to the City.
Our costs to perform the required monitoring and reporting responsive to the MRP and CDO are estimated to be $173,480 for the 11-month period between August 2022 and June 2023.
Between July 2023 and June 2024, monitoring and reporting is estimated to cost $170,446.
During the third year of this contract between July 2024 and June 2025, monitoring and reporting will cost an estimated $173,877.
191
Proposal for Groundwater Monitoring Services Related to the Santa Paula Water Recycling Facility GSI Water Solutions, Inc. 3
Schedule
We will continue to collect groundwater samples on a monthly basis in coordination with City staff and off-site well owners.
We will submit quarterly reports as required by the end of April, July, and October and January of each year in accordance with the RWQCB’s MRP and CDO requirements for the contract years between August 2022 and June of 2025 (final report for this contract will be April 2025). 192
2022 GSI Fee Schedule
Labor Category Hourly Rate
Technical Professionals
Principal $255 – $295
Supervising $198 – $265
Managing $175 – $198
Consulting $145 – $177
Project $135 – $151
Staff $109 – $135
Other Services
GIS/Graphics/Database $115 – $177
Editor/Documents $114 – $146
Administration $73 – $114
The hourly rate for trial preparation and expert witness testimony is 1.5 times the standard billing rate shown above.
Expenses
• Mileage: IRS authorized rate/mile plus 10 percent markup • Direct expenses and outside services: Cost plus 10 percent markup • Enterprise GIS: $50 per month for the duration of use 193
To: Honorable Mayor and Members of the City Council
From: Travis Walker, Chief of Police
Subject:
RESOLUTION 7417 AUTHORIZING THE ADOPTION OF THE VENTURA
COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN
Date: August 17, 2022
Agenda Item: 10.H
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Adopt Resolution 7417 authorizing adoption of relevant portions of the Ventura County MultiJurisdictional Hazard Mitigation Plan.
BACKGROUND:
In May 2021, a coalition of Ventura County planning partners embarked on a planning process to prepare for and lessen the impacts of specified natural hazards. Responding to federal mandates in the Disaster Mitigation Act of 2000 (Public Law 106-390), the partnership was formed to pool resources and create a uniform hazard mitigation plan that can be consistently applied to the defined planning area and used to ensure eligibility for specified grant funding sources. The City of Santa Paula is one of the jurisdictions within the planning area.
ANALYSIS:
The planning area for the hazard mitigation plan encompasses all of Ventura County. The result of the organizational efforts has been to produce a Federal Emergency Management Agency (FEMA) and California Governor’s Office of Emergency Services (Cal OES) approved multi-jurisdictional Hazard Mitigation Plan ("Plan").
Mitigation is defined in this context as any sustained action taken to reduce or eliminate longterm risk to life and property from a hazard event. Mitigation planning is the systematic process of learning about the hazards that can affect the community, setting clear goals, identifying appropriate actions, and following through with an effective mitigation strategy.
Mitigation encourages long-term reduction of hazard vulnerability and can reduce the enormous cost of disasters to property owners and all levels of government. Mitigation can also protect critical community facilities, reduce exposure to liability, and minimize postdisaster community disruption.
The hazard identification and profiling in the Plan addresses the following natural hazards considered to be of significant importance within the Ventura County planning area:
194
Dam Failure Inundation
Drought
Earthquake
Flooding (includes Levee Failures)
Landslide & Mass Movements
Sea Level Rise/Coastal Erosion (SLR)
Severe Storms
Severe Weather Events (Heat/Freeze Events)
Tsunami
Wildfire
The Ventura County Office of Emergency Services secured funding for developing the Plan and was the lead coordinating agency for this multi-jurisdictional effort. All participating local jurisdictions have been responsible for assisting in the development of the hazard and vulnerability assessments and the mitigation action strategies for their respective jurisdictions and organizations. The Plan presents the accumulated information in a unified framework to ensure a comprehensive and coordinated plan covering all planning partners within the Ventura County Planning Area. Each jurisdiction within the planning area has been responsible for the review and approval of their individual sections of the Plan.
The Plan was prepared in accordance with the Cal OES Local Hazard Mitigation Plan and FEMA preparation guidelines.
The Plan update process was overseen by a 17-member Steering Committee. The Steering Committee is composed of representative stakeholders from within the planning area and is an established committee that was leveraged for this planning process. In addition, residents were asked to contribute by sharing local knowledge of their individual area’s vulnerability to natural hazards based on past occurrences. Public involvement has been solicited via a multimedia campaign that included public meetings, web-based information, questionnaires, and progress updates via the news media.
Once the Plan has been approved by Cal OES and FEMA and adopted by all of the jurisdictional partners, the partnership will collectively and individually become eligible to apply for hazard mitigation project funding from the suite of grant programs under FEMA’s Hazard Mitigation Assistance (HMA) program. The Plan needs to be adopted as the final step in the process.
Once Cal OES and FEMA have approved the Plan (APA – Approval Pending Adoption), each jurisdiction's governing body will need to adopt, by resolution, Volume 1 and its respective annex in Volume II of the Plan to be eligible to apply for funding sources including grants.
Volumes 1 and II of the Plan are available for viewing in the City Clerk's office.
Grant funds are made available to local governments and states and can be used to 195
implement the various hazard mitigation measures specified in their respective annexes. The Plan is considered a living document, such that as awareness of additional hazards develop and new strategies and projects are conceived to offset or prevent loss due to natural hazards, the Plan will be evaluated and revised on an annual basis during the 5-year plan timeframe.
As a living document, the Plan information can be integrated and used in conjunction with other emergency and related plans, such as Emergency Operation Plans (EOPs).
Due to the size of the document, a link to both Volume 1 and 2 are listed below:
Volume 1:
https://s29710.pcdn.co/wp-content/uploads/2022/06/2022-06_VenturaHMP_Vol1_Final.pdf Volume 2:
https://s29710.pcdn.co/wp-content/uploads/2022/06/2022- 06_VenturaHMP_Vol2_Final.Reduced.pdf
STRATEGIC PLAN:
This action further advances the City Council's Strategic Goal of a Connected and Healthy Community and bolsters the City's Disaster Preparedness efforts under the Strategic Plan.
FISCAL IMPACTS:
None
OPTIONS:
Decline to adopt Resolution No. 7417, which would make the City ineligible for certain grant funding.
ATTACHMENTS:
RESOLUTION NO 7417 - Ventura County Hazard Mitigation Plan.docx.pdf 196
RESOLUTION NO. 7417
A RESOLUTION AUTHORIZING THE ADOPTION OF THE
VENTURA COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN The City Council for the City of Santa Paula does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. All of Ventura County has exposure to natural hazards that increase the risk to life, property, environment, and the County’s economy;
B. Pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property, and the Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs;
C. A coalition of Ventura County stakeholders with like planning objectives has been formed to pool resources and create consistent mitigation strategies to be implemented within each partners identified capabilities, within the Ventura County Planning Area; and D. The coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating, and revising this strategy.
SECTION 2: The City Council of the City of Santa Paula hereby:
A. Adopts in its entirety, Volume I, and the City of Santa Paula annex and appendices in Volume II of the Ventura County Multi-Jurisdictional Hazard Mitigation Plan.
B. Will use the adopted and approved portions of the Hazard Mitigation Plan to guide preand post- disaster mitigation of the hazards identified.
C. Will coordinate the strategies identified in the Hazard Mitigation Plan with other planning programs and mechanisms under its jurisdictional authority.
D. Will continue its support of the on-going countywide mitigation efforts and continue to participate in the Planning Partnership as described by the Hazard Mitigation Plan.
E. Will help to promote and support the mitigation successes of all Planning Partners.
F. Authorizes the Chief of Police, or his designee, to submit an approved and signed copy of this resolution to the Cal OES and FEMA officials to enable the HMP’s final approval. 197
SECTION 3: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 4: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this ___th day of August, 2022
Jenny Crosswhite, Mayor
ATTEST:
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
Monica Castillo, City Attorney
APPROVED AS TO CONTENT:
Dan Singer, City Manager
198
Exhibit A: Volume 2 including the Jurisdiction’s Annex of the Ventura County MultiJurisdictional Hazard Mitigation Plan 199
To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject:
SECOND PUBLIC HEARING TO RECEIVE INPUT FROM THE
COMMUNITY REGARDING THE CREATION OF A DISTRICT-BASED
ELECTION SYSTEM
Date: August 17, 2022
Agenda Item: 11.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends the City Council:
1. Receive an updated presentation from staff and Dr. Daniel Phillips of National Demographic Corporation (NDC) regarding the process for developing options for City Council voting districts, to be implemented in November, 2024 (Exhibit A);
2. Provide staff and NDC direction regarding any optional criteria the City Council may want to consider in the development of voting district options; and
3. Conduct a public hearing to receive public input on district boundaries.
BACKGROUND:
On February 22, 2022, the City received a letter from attorney Jason Dominguez on behalf of "a large segment of the population and on behalf of Laura Espinosa" demanding an end to the at-large Council election system. In response to that letter, on April 6, 2022 the City Council discussed its options and unanimously adopted Resolution 7393, indicating its intent to change the election system from at-large to by-district elections. Given the litigation risk and associated financial impact on the City, the City Council asked to enter into a settlement agreement with Mr. Dominguez and directed staff to move the districting process forward. The criteria to comply with all legal requirements to establish council district boundaries is spelled out in California law and in the Council's adopted Resolution 7393. To date, the settlement agreement has yet to be signed by Mr. Dominguez.
On May 4, 2002, Council provided staff direction to work with the City's existing public relations firm and to utilize our contract with BB&K law firm to select a qualified demographer.
Through that process, National Demographics Corporation (NDC), was selected.
On August 3, 2022, Council held our first public hearing whereby Dr. Daniel Phillips, from 200
NDC, shared with Council and the public a presentation on the districting process to solicit input on the neighborhoods and communities of interest in the City.
ANALYSIS:
As required by Elections Code Section 10010, the City will hold at least two (2) public hearings and a community workshop prior to the release of draft maps of Council election districts, followed by a community workshop and two additional Council hearings to solicit public input regarding the content of the draft maps and the proposed sequence of elections. Then an additional public hearing will be held prior to the approval of an ordinance implementing a Council election district map.
Today's second hearing fulfills the requirement of California Elections Code Section 10010 that states:
"(1) Before drawing a draft map or maps of the proposed boundaries of the districts, the political subdivision shall hold at least two public hearings over a period of no more than thirty days, at which the public is invited to provide input regarding the composition of the districts." The purpose of this second public hearing is to:
1. Inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries;
2. Provide Council with an updated presentation and public hearing/community workshop schedule regarding the process for developing options for City Council voting districts to be implemented in November, 2024 (Exhibit A); and
3. Seek direction from Council and the public regarding any optional criteria you may want to consider in the development of voting district options.
Additionally, the public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps. An online tool is available as a link from the City website or can be accessed directly at www.drawsantapaula.org for the public to provide feedback.
A community of interest is a neighborhood or group that would benefit from being in the same district because of shared interests, views, or characteristics. Possible community features include, but are not limited to:
School attendance areas;
Natural dividing lines such as major roads, waterways, train tracks, hills, or highways; Areas around parks and other neighborhood landmarks;
Common issues, neighborhood activities, or legislative/election concerns; and Shared demographic characteristics, such as:
Similar levels of income, education, or linguistic insolation; Languages spoken at home; and
Single-family and multi-family housing unit areas.
Additionally, the City must ensure compliance with the following state and federally-mandated 201
criteria:
Federal
Each district shall contain a nearly equal population.
Each district shall be drawn in a manner that complies with the Federal Voting Rights Act.
Each district shall not be drawn with race as the predominant factor in violation of the principles established by the U.S. Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny.
State
Each district shall be contiguous.
Each district should avoid dividing neighborhoods and communities of interest.
Each district should be bordered by easily identifiable boundaries such as major roads or rivers.
Each district should be compact.
Districts shall not be drawn to favor or disfavor a political party.
It should also be noted, in addition to the legal criteria, City Council may choose to adopt optional criteria to be used in the development of the districts. Optional criteria varies by community; some direct that specific criteria be used in addition to the legal criteria, others use only the legal criteria. Examples of NOC-provided optional criteria that have been used in other communities are as follows:
The boundaries of the districts may consider avoiding pairing two or more incumbents in a single district, insofar as this does not conflict with the constitution and laws of the State of California and the United States.
To maintain a longer-term population balance, districts known to be areas of higherthan-average population growth following redistricting may be under-populated within the population deviation amounts allowed by law.
The boundaries of the districts may comply with such other factors which become known during the redistricting process and are formally adopted by the City Council.
This evening, Council is asked to consider and provide feedback to NDC as to what criteria, if any, should be included. Council may choose to include some, all, or none of these criteria, or may choose to come up with unique criteria that Council believes is applicable to Santa Paula.
In addition, members of the community may suggest criteria that the Council may want to consider. Some specific questions for Council are provided below for discussion:
What are the neighborhoods and communities of interest in the city that should be kept together in one district?
Would the downtown area be better represented by multiple councilmembers, or should it be kept together in one district?
What features in the city could serve as easily identifiable boundaries for districts? Would you like respecting voters’ choices / continuity of office to be a consideration when drawing boundaries?
Would you like future growth to be a consideration, and if so, would you rather that growth be concentrated in one (underpopulated) district or spread across multiple 202
districts?
Once City Council has established the criteria, NDC will use the legal and optional criteria to develop at least three district options for the public and the City Council to consider.
Public Forums
There will be several community forums where the district options are discussed in addition to public forums and public hearings prior to the adoption of the districts. During the first public hearing on August 3, 2022, several public comments were received asking for additional opportunities, locations and methods to host public workshops during this process to ensure as many residents have an opportunity to provide feedback during this process. In addition, there were requests to add additional workshops in between the September 14 Community Workshop and the January 18 public hearing. As such, staff and NDC have provided a revised schedule below taking into account Council's direction and the public's feedback. NDC has proposed to maintain this adjusted timeline which allows for an additional Community Workshop and a hybrid "virtual" Community Workshop which will be moderated in both English and Spanish. The revised schedule is provided below and the additional dates have been highlighted.
Date* Location & Documents
August 3, 2022 at 6:30pm
First Public Hearing
City Hall, 970 E Ventura Street, Santa Paula, CA
93060
August 17, 2022 at 6:30pm
Second Public Hearing
City Hall, 970 E Ventura Street, Santa Paula, CA
93060
September 14, 2022 at 6:00pm
Community Workshop
Santa Paula Cultural Arts Building @ The
Santa Paula Community Center
530 W Main Street, Santa Paula, CA 93060
October 6, 2022 at 6:00pm
Virtual Online Bi-Lingual Community
Workshop
December 1, 2022 at 6:00pm
Community Workshop
Our Lady of Guadalupe Church Salon
427 N Oak St, Santa Paula, CA 93060
January 6, 2023 by 11:59pm
Deadline for the public to submit maps for
consideration at the January 18, 2023 public
hearing
January 11, 2023 by 5:00pm Draft maps to be posted to the website 203
January 18, 2023 at 6:30pm
Third Public Hearing to review draft maps
City Hall, 970 E Ventura Street, Santa Paula,
CA 93060
January 21, 2023 at 10:00am
Community Workshop
Santa Paula Youth Center, Las Piedras Park
431 N 13th St, Santa Paula, CA 93060
February 1, 2023 at 6:30pm
Final deadline for the public to submit maps for
consideration
February 15, 2023 at 6:30pm
Fourth Public Hearing to adopt a map
City Hall, 970 E Ventura Street, Santa Paula,
CA 93060
March 1, 2023 at 6:30pm
City Council Meeting (Second Reading of
Ordinance)
City Hall, 970 E Ventura Street, Santa Paula,
CA 93060
April 2023 Deadline to adopt a map
*Subject to change
STRATEGIC PLAN:
This matter was not included in, nor anticipated by, the Council's Strategic Plan.
FISCAL IMPACTS:
In addition to the required payment of $34,000 to Mr. Dominguez should the settlement agreement be executed and which would be payable within 30 days of map adoption, the City will spend approximately $70,000 - $80,000 on the two consulting firms assisting the City in this highly specialized districting process. On May 4, the Council set aside $50,000 for anticipated expenses. An additional budget adjustment may become necessary at mid-year.
OPTIONS:
1. City Council could choose to delay this matter past the fall election cycle to minimize confusion and avoid workshops in the coming months. Doing so, however, could result in new demands from Mr. Dominguez as such a delay would be inconsistent with the Council's adopted Resolution on April 6.
2. City Council could consider Mr. Dominguez's request, on behalf of his client, to expeditiously accelerate the districting process. There are several concerns both NDC and our City Attorney raise with Mr. Dominguez's initial request to conclude the entire process by October 5, 2022, however a more expedited schedule concluding before the end of the year could be achieved, although with certain sacrifices as identified below:
Mr. Dominguez's proposed schedule allows for only one Community Workshop prior to a 204
deadline on September 1 for the public to submit maps for consideration. This is contrary to the public comments received during the August 3 public hearing requesting additional opportunities for community engagement and requests to add virtual/hybrid workshops. It is also converse to the proposed revised schedule presented this evening for your consideration, whereby NDC and staff are recommending additional opportunities for public engagement; adding a workshop on October 6 (Virtual/Hybrid) and December 1 (Community Workshop @ Our Lady of Guadalupe Church).
At least three, and preferably seven, days are needed to process and post public map submissions. The statutory penalty for allowing too little time to process and post maps is severe and it should be noted "submitted" maps do not equate to "posted" maps available on the website for the public to review. Based on these parameters, an accelerated schedule may not be desirable, much less feasible by the Council's November 16 regular meeting and ahead of the Thanksgiving Holiday as requested by Mr. Dominguez's client.
ATTACHMENTS:
EXHIBIT A - Santa Paula Second Public Hearing 2.pdf
205
EXHIBIT A –
SANTA PAULA SECOND PUBLIC HEARING
PRESENTATION
206
August 17, 2022 2
City of
Santa Paula
Transition to
District
Elections
Dr. Daniel Phillips
Consultant,
National Demographics
Corporation
207
3 Election Systems
1. “At Large”
2. “From District”
3. “By District”
August 17, 2022
The California Voting Rights Act
was written to specifically
encourage by-district elections
208
4 California Voting Rights Act (CVRA)
Under the Federal Voting Rights Act (passed in 1965), a jurisdiction must fail 4 factual tests before it is in violation of the law. The California VRA makes it significantly easier for plaintiffs to force jurisdictions into “by-district” election systems by eliminating two of the US Supreme Court Gingles tests:
Can the protected class constitute the majority of a district? Does the protected class vote as a bloc?
Do the voters who are not in the protected class vote in a bloc to defeat the preferred candidates of the protected class?
Do the “totality of circumstances” indicate race is a factor in elections? Liability is now determined only by the presence of racially polarized voting August 17, 2022 209
5 CVRA Impact
Switched (or in the process of
switching) as a result of CVRA:
At least 240 school districts
34 Community College Districts
154 cities
1 County Board of Supervisors
35 water and other special districts.
Cases So Far:
Palmdale, Santa Clara and Santa Monica
went to trial on the merits. Palmdale and
Santa Clara lost. Santa Monica is awaiting
a decision.
Modesto and Palmdale each spent about
$1.8 million on their defense (in addition
to the attorney fee awards in those
cases).
Santa Monica has spent an estimated $7
million so far. Plaintiffs in Santa Monica
requested $22 million in legal fees after
the original trial.
Key settlements:
Palmdale: $4.7 million
Modesto: $3 million
Highland: $1.3 million
Anaheim: $1.1 million
Whittier: $1 million
Santa Barbara: $600,000
Tulare Hospital: $500,000
Camarillo: $233,000
Compton Unified: $200,000
Madera Unified: about $170,000
Hanford Joint Union Schools:
$118,000
Merced City: $42,000
An estimated $16 million in total
settlements and court awards so far.
August 17, 2022 210
6 Transition Process
August 17, 2022
Step Description
Two pre-draft hearings:
Aug. 3 & 17, 2022
Held prior to the release of draft plans.
Purpose is to educate on the process and to solicit input on the neighborhoods and communities of interest in the City.
Three public workshops:
Sep. 14, 2022
Oct. 6, 2022 (Virtual)
Dec. 1, 2022
Training on public mapping tools, guidance on drawing maps, and seeking input on communities of interest.
Deadline to submit draft
maps:
Jan. 6, 2023
Deadline for the public to submit draft maps for consideration at the first hearing on draft plans.
Release draft plans:
Jan. 11, 2023
Draft plans posted to the website. All draft plans to be considered must be posted at least 7 days prior to the first post-draft hearing.
Two post-draft hearings:
Jan. 18 & Feb. 15, 2023
Purpose is to present, discuss, and, if necessary, revise the draft plans, and to discuss the election sequence.
Public workshop:
Jan. 21, 2023
Forum to receive public feedback on draft maps.
Plan adoption:
Mar. 1, 2023
Plan adopted via ordinance.
Final plan must be posted at least 7 days prior to adoption. 211
7 Rules and Goals for Drawing Districts
August 17, 2022
Equal Population
Federal Voting
Rights Act
No Racial
Gerrymandering
1. Federal Laws 2. California Criteria for
Cities
1. Geographically contiguous
2. Undivided neighborhoods
and “communities of
interest”
(Socio-economic geographic areas that
should be kept together)
3. Easily identifiable
boundaries
4. Compact
(Do not bypass one group of people
to get to a more distant group of
people)
Prohibited:
“Shall not favor or discriminate against a political
party.”
3. Other Traditional Districting
Principles
Respect voters’ choices /
continuity in office
Future population growth
212
8 Demographic
Summary
August 17, 2022
All data
presented are
the official and
most current
available.
Each of the
5 districts
must contain
about
6,150 people.
Category Field Count Pct Category Field Count Pct
2020 Adjusted Pop. 30,772 age0-19 9,745 32%
2020 Census Pop. 30,657 age20-60 15,630 51%
Hisp 25,145 82% age60plus 5,165 17%
NH White 4,712 15% immigrants 8,520 28%
NH Black 121 0% naturalized 2,743 32%
Asian-American 284 1% english 10,083 36%
Total 16,024 spanish 17,663 63%
Hisp 11,510 72% asian-lang 43 0%
NH White 4,071 25% other lang 170 1%
NH Black 68 0% Language Fluency Speaks Eng. "Less
than Very Well" 7,631 27%
Asian/Pac.Isl. 256 2% hs-grad 9,454 51%
Total 14,301 bachelor 1,625 9%
Latino est. 10,287 72% graduatedegree 947 5%
Spanish-Surnamed 9,432 66% Child in Household child-under18 3,491 40% Asian-Surnamed 84 1% Pct of Pop. Age
16+ employed 13,063 58%
Filipino-Surnamed 149 1% income 0-25k 1,617 18%
NH White est. 4,406 31% income 25-50k 2,024 23%
NH Black 55 0% income 50-75k 1,799 20%
Total 11,215 income 75-200k 3,016 34%
Latino est. 7,751 69% income 200k-plus 335 4%
Spanish-Surnamed 7,116 63% single family 7,158 77%
Asian-Surnamed 64 1% multi-family 2,175 23%
Filipino-Surnamed 108 1% rented 4,219 48%
NH White est. 3,760 34% owned 4,572 52%
NH Black 41 0%
Total 7,410
Latino est. 4,651 63%
Spanish-Surnamed 4,315 58%
Asian-Surnamed 32 0%
Filipino-Surnamed 53 1%
NH White est. 2,887 39%
NH Black est. 27 0%
Voter Turnout
(Nov 2018)
City of Santa Paula
Language spoken at
home
Total population data from the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2016-2020 American Community Survey and Special Tabulation 5-year data.
Housing Stats
Household Income
Education (among
those age 25+)
Total Pop Immigration
Citizen
Voting Age
Pop
Age
Voter
Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
213
August 17, 2022 9
Demographic Summary
Category Field Count Pct
2020 Adjusted Pop. 30,772
2020 Census Pop. 30,657
Hisp 25,145 82%
NH White 4,712 15%
NH Black 121 0%
Asian-American 284 1%
Total 16,024
Hisp 11,510 72%
NH White 4,071 25%
NH Black 68 0%
Asian/Pac.Isl. 256 2%
Total Pop
Citizen
Voting Age
Pop
City of Santa Paula
214
10 Latino CVAP
August 17, 2022
Latinos are heavily concentrated
throughout the city, especially in
the central part.
There are no significant
concentrations of other
protected classes.
215
11 Defining Neighborhoods
1st Question: What is your neighborhood?
2nd Question: What are its geographic boundaries?
Examples of physical features defining a neighborhood boundary:
Natural neighborhood dividing lines, such as highway or major roads, rivers, canals and/or hills
Areas around parks or schools
Other neighborhood landmarks
In the absence of public testimony, planning records and other similar documents may provide definition.
August 17, 2022 216
12 Defining Neighborhoods
August 17, 2022 217
13 Defining Neighborhoods
August 17, 2022 218
14 Defining Neighborhoods
August 17, 2022 219
15 Beyond Neighborhoods:
Defining Communities of Interest
1st Question: What defines your community?
Geographic Area, plus
Shared issue or characteristic
Shared social or economic interest
Impacted by city policies
Tell us “your community’s story”
2nd Question:
Would this community benefit from being “included within a single district for purposes of its effective and fair representation”? Or would it benefit more from having multiple representatives? August 17, 2022
Definitions of Communities of Interest may not include relationships with political parties, incumbents, or political candidates. 220
16 Defining Communities of Interest
August 17, 2022
Renters are concentrated in the center of the city, as are those who live in apartments.
221
17 Defining Communities of Interest
August 17, 2022
Lower earners are concentrated in the center of the city, as are those who did not graduate high school.
222
18 Defining Communities of Interest
August 17, 2022
Spanish speakers are concentrated in the center of the city, while those with a child at home are more in the north-center. 223
19 Online Neighborhood Survey
August 17, 2022
DrawSantaPaula.org/Neighborhood-Survey
224
20 Public Mapping and Map Review Tools
Different tools for different purposes
Different tools for different levels of comfort and
interest, found at DrawSantaPaula.org
Draw your own districts on a simple paper map:
Paper Participation Kit
Draw your own districts with an easy-to-use online map tool:
Dave’s Redistricting App
Explore the city’s demographics and review draft maps once they are posted:
Interactive Review Map
August 17, 2021 225
21 Public Hearing & Discussion
What are the neighborhoods and communities of interest in the city that should be kept together in one district?
Would the downtown area be better represented by multiple councilmembers, or should it be kept together in one district? What features in the city could serve as easily identifiable boundaries for districts?
Would you like respecting voters’ choices / continuity of office to be a consideration when drawing boundaries?
Would you like future growth to be a consideration, and if so, would you rather that growth be concentrated in one
(underpopulated) district or spread across multiple districts? August 17, 2022 226
22 Share Your Thoughts
August 17, 2022
Website: DrawSantaPaula.org
Email: [email protected]
227
To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: CALIFORNIA CONSULTING GRANT WRITING SERVICES
Date: August 17, 2022
Agenda Item: 12.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends the City Council:
1. Receive a presentation from staff and our grant writing consultant, California Consulting, on grant activity for the past year and anticipated grant activities for the current year.
2. Approve Resolution 7418 amending the City's Operating and CIP budget for FY 22/23, decreasing the ARPA Employee Enhancements allocation by $42,000 dollars and increasing the ARPA professional services allocation by $42,000 dollars.
BACKGROUND:
On May 5, 2021, Council initially approved setting aside $42,000 of American Rescue Plan Act (ARPA) Tranche 1 funds in an effort to bolster staff’s ability to respond to upcoming grant cycles and stimulus programs. Coming out of the COVID-19 pandemic, federal, state and local governments find ourselves in unprecedented times where State and Federal agencies are flush with funds and have begun to release grants and programs Santa Paula could take advantage of. Today, grants funds and programs continue to materialize based on actions taken by the President, Senate and Congress providing ample opportunities for Santa Paula to apply for and obtain funds.
As such, on July 7, 2021, Council memorialized their approval of moving forward with grant writing and service efforts through budget Resolution 7351, allocating $42,000 dollars of ARPA Tranche 1 funds to enlist the services of a grant writing consultant.
On July 12, 2021, the City Manager entered into a one-year professional services agreement with California Consulting, Inc. to provide grant writing services including grant research, grant identification, grant writing, and post award administration as needed.
The terms of our one-year agreement concluded on June 30, 2022.
ANALYSIS:
Over the past year, California Consulting has served as an extension of City staff, working 228
directly with all of our departments to maximize obtaining funds to achieve Council’s two–year Strategic Goals, CIPs and unfunded projects and programs.
To that end, California Consulting assisted our Public Works department in obtaining $40,000 for a Local Road Safety Plan (LRSP), which once conducted, will allow us to apply for additional large transportation grant opportunities in the upcoming year. California Consulting also assisted our Police Department in obtaining a Ventura County Transportation Commission (VCTC) Incident Responder grant for $191,000 to assist the department in purchasing an emergency response vehicle and crime scene scanner equipment. To date, California Consulting has assisted the City of Santa Paula in obtaining $231,000 dollars in grant funding.
Additional efforts have included working with staff to apply for over $10,000,000 million dollars in grant funds through the following grants:
California Parks & Recreation Outdoor Equity Grant Program - $67,978 (Parks & Recreation Department)
Firehouse Subs Public Safety Foundation Grant - $42,610 (Police Department) Office of Traffic Safety - $100,846 (Police Department) Clean California Local Government Assistance Grant - $405,000 (Community Economic Development Department)
Californians For All Youth Workforce Development Program - $1,596,205 (Parks & Recreation Department)
Urban Greening - $6,933,935.66 for the Sports Park Complex at East Area One (Parks & Recreation Department)
Active Transportation Program (ATP) - $190,300 for Enhanced Bike Trail connecting the East/West ends of town and $262,800 for Crosswalk Project Enhancements (Public Works)
Edward Byrne Memorial Justice Assistance Grant Program (JAG) - $846,924 for the new CAD system and evidence equipment (Police Department)
As Council’s initial allocation of ARPA Tranche 1 funds for $42,000 dollars for grant writing services has been exhausted with the fulfillment of a one-year agreement, staff is seeking Council’s approval to set aside another $42,000 of ARPA funds to renew a professional services agreement with California Consulting.
It should be noted on June 1, 2022, Council considered potential allocations for ARPA Tranche 2 funding and at that time, Council expressed support in setting aside funding for grant writing services and lobbying efforts.
STRATEGIC PLAN:
While pursuing grant writing services is not specifically referenced in Council's two-year Strategic Plan, the pursuit of grants is recommended in several objective budget impact sections as many of Council's objectives in the plan are currently not budgeted.
FISCAL IMPACTS:
At the conclusion of the 2021/2022 fiscal year, our Finance Director/City Treasurer determined the City had $62,681 dollars in American Rescue Plan Act (ARPA) funds available from Tranche 1 which were allocated for Employee Enhancements. As those funds were not fully 229
utilized, $52,681 dollars are available for reallocation. As a result, should Council wish to move forward with grant writing services, a budget expenditure and revenue adjustment from ARPA Tranche 1 funds could cover this cost.
Should Council direct staff to proceed in moving forward with these efforts, the attached budget resolution should be approved, which reallocates $42,000 of ARPA funds remaining from Employee Enhancements (GL 412-5-7501-199) to Professional Services / Grant Writing (GL 412-5-0511-209). Other than staff time, there will be no direct fiscal impact to the City's General Fund at this time.
OPTIONS:
1. Do not allocate $42,000 dollars towards grant writing services for FY22/23. This is not recommended as staff would have to prioritize our ability to apply for certain grants as grant applications in many circumstances require a substantial amount of staff time and research, thus impacting the City's ability to obtain grant funds.
ATTACHMENTS:
Resolution 7418 Amending The City's Operating and CIP Budget for FY2022-23.pdf 230
RESOLUTION NO. 7418
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA, CALIFORNIA, AMENDING THE CITY’S OPERATING AND CIP BUDGET FOR FISCAL YEAR 2021/22.
SECTION 1: The City Council for the City of Santa Paula does resolve as follows:
A. The City Council adopted the Operating Budget and Capital Improvement program for Fiscal Year 2021/22 on June 23, 2021,
B. The Fiscal Year 2021/22 Budget revenues increased by $3.5 million in FY 21/22 due to additional funding made available by the American Rescue Plan Act (“ARP”),
C. The Council discussed various ways to allocate the ARP funds in a study session on May 5, 2021.
D. Previous budget allocation of $2,043,495 of ARP funds for Fiscal Year 2020/21 & FY 2021/22 was approved by Council via Resolutions 7342, 7347, 7351, 7366, 7381, and 7416.
SECTION 2: The City Manager has proposed a budget adjustment as described in the Council report dated August 17, 2022 for Fiscal Years 2021/22 based on the determination by the City Manager that unspent Employee Enhancements allocation could be used to fund grant writing professional services.
SECTION 3: The City Council has reviewed the proposed budget for use of a portion of the ARP funds and does hereby find the recommendation to be necessary and in the City’s best interest.
SECTION 4: The City of Santa Paula’s operating and CIP Budget for Fiscal Year 2021/22 is hereby amended as follows:
GENERAL LEDGER USE OF FUNDS DESCRIPTION CREDIT DEBIT
412-4-7501-199 Misc Exp – Employee
Enhancements
$ 42,000
412-5-0511-209 Professional Services $ 42,000
SECTION 6: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. 231
PASSED, AND ADOPTED, this 17th day of August, 2022.
_____________________
Jenny Crosswhite, Mayor
ATTEST:
_________________________
Julie Latshaw, City Clerk
Approved as to form:
_______________________________
Monica Castillo, City Attorney
Approved as to content:
_______________________________
Dan Singer, City Manager
232
To: Honorable Mayor and Members of the City Council
From: Monica Castillo, Interim City Attorney
Subject: CITY COUNCIL TERM LIMITS - LEGAL OVERVIEW AND POLICY
OPTIONS
Date: August 17, 2022
Agenda Item: 12.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
It is recommended that the City Council consider the information provided herein regarding City Council term limits and provide direction to staff.
BACKGROUND:
Each Santa Paula City Council member is elected at large to serve a four-year term. The Mayor and Vice Mayor are selected from among the City Council members at the first regular meeting in December of each year for a one-year term. There are currently no rules that limit the number of four-year terms a councilmember may serve.
On April 20, during a discussion on Council compensation, Councilmember Araiza requested a future analysis and discussion on Council term limits. This report is in response to that request.
ANALYSIS:
California Government Code section 36502(b) authorizes general law cities to limit the number of terms that elected City Council members may serve. This State law outlines two principal rules:
• Term limits must be approved by the voters. A ballot measure must be submitted to Santa Paula voters at a “regularly scheduled election” and obtain majority voter approval. Under case law, a “regularly scheduled election” means (i) a statewide primary election, (ii) a statewide general election or (iii) a general municipal election. Because term limits measures require voter approval, the State Elections Code for local measures applies. Such a measure may be placed on the ballot by either a citizens’ initiative petition, signed by at least 10% of the City’s registered voters, or by City Council majority action to call the measure for election.
Once placed on the ballot, the City Attorney will prepare an impartial analysis of the measure and interested persons may submit written arguments for or against the measure, to be included in the voter information guide as provided by State Elections Code. • A local term limits measure must be “prospective.” It may only apply to new Council terms 233
that were voted upon at the same election as the measure, or terms voted upon at a later election. Term limits cannot be applied retroactively.
Beyond these two principal rules, local policy dictates the other rules for term limits. There are a number of term limit structures to consider when proposing a measure.
Length of Term Limits
California cities typically set either a two- or three-term limit. While one-term and four-term limits are legally permissible, they are exceedingly rare in California.
Lifetime Term Limits
A lifetime term limit confines the number of terms an elected official may serve in his or her lifetime. When the elected official reaches the applicable term limit, he or she may no longer serve in that elected office for the remainder of his or her life. For example, the City of Corona has a lifetime term limit, stating “no person shall be eligible for nomination and/or election to more than three (3) terms of office as a City Council Member, whether by election or appointment and whether served consecutively or not.” (See Corona Municipal Code, sec.
2.08.180(A).)
Consecutive Term Limits
In the case of a consecutive term limit, when the elected official reaches the applicable term limit, he or she must step down from the office for a period of time. During this “cooling off” period, the person may not be elected or appointed to serve in that office. State law does not set a specific “cooling off” period. The period is typically set by local agencies at either two or four years. After the “cooling off” period expires, the person may again run for that elected office (or be appointed to such office, in cases where appointment is permitted) for additional consecutive terms as allowed under the term limits measure. The City of Camarillo uses this model:
No person shall serve more than three consecutive terms of office as a member of the city council, either by election or appointment, until at least four years after the expiration of the third consecutive term in office. After a break in service of at least four years, an individual who has previously served on the city council for three or more terms will become eligible to again serve on the city council.
(See Camarillo Municipal Code, sec. 2.08.050(B).)
Treatment of Partial Terms
Partial Terms Generally
Another issue concerns how to handle partial terms - when someone is specially elected or appointed to fill a Council vacancy for less than the full term or when someone does not finish a term, but then wants to serve another term.
Some measures count partial Council terms against the applicable term limit (i.e., a partial time in office of a certain length is treated as though the full term was served), while others do 234
not. Further, among those measures that count partial terms, virtually all of them are lifetime term limits measures. Partial terms are rarely counted against a consecutive term limit.
Common Term Limits Measures Addressing Partial Terms
There are three potential policy options commonly seen among term limits measures that address partial terms:
• Option 1: Partial terms do not count against the applicable term limit. However, where a person has already served the maximum number of full terms, he or she may not be elected or appointed to fill a partial term, either for life or until the applicable “cooling off” period has expired, depending upon the type of measure.
• Option 2: Partial terms of any length do count against the applicable term limit. In this scenario, even if a person served only one year of a four-year term, that would count as if it were a full term. Again, nearly all measures that count partial terms also impose a lifetime term limits restriction.
• Option 3: A hybrid model where partial terms may count under certain circumstances, such as resignation. In this scenario, a partial term would count against the applicable term limit if, as of the effective date of the resignation, there are two (2) years or less remaining in the current term. This is intended to allow resignations in the first half of a term due to illness or other unforeseen circumstances without any “penalty”. However, it would disincentivize “second-half resignations” meant to avoid the effect of the term limits measure. Also, partial terms may count depending on how long the partial term is. For example, in the City of Oceanside, “[a] partial term of more than two (2) years shall count as one (1) term. A partial term of less than two (2) years shall not count as one (1) term.” (See Oceanside Municipal Code, sec. 2.94(b).)
Partial Terms Resulting from Involuntary Vacancy
Another issue involves how to treat a term that ended prematurely due to a recall election, conviction of a crime, or other forced removal from elected office. Most term limits measures are silent on this issue. However, some that are not silent provide that these terms will count against the applicable limit to avoid any appearance of “rewarding” an elected official for being removed from office.
In summary, the wording of a term limits measure is largely left to local policy, subject of course to voter approval. In the case of a Council-sponsored measure, the City Council would ultimately propose the final language as a ballot measure to Santa Paula voters at a regularly scheduled election.
Survey of Other Jurisdictions
The following table shows a survey of city council term limits of nearby jurisdictions :
City Date Term Limits
Fillmore n/a None
235
Camarillo 2018
After 3 consecutive 4-
year terms, at least 4
years off
Partial term of 2 or more
years is treated as
serving full 4-year term
Moorpark n/a
Mayor serves 2-year term;
councilmembers serve 4-year
terms
Oxnard 2020
After 3 consecutive 4-
year terms, at least 2
years off
Partial term of 2 or more
years is treated as
serving full 4-year term
Port Hueneme n/a None
Simi Valley n/a None
Thousand Oaks n/a None
San Buenaventura 2016
After 3 consecutive 4-
year terms, at least 4
years off
Partial term of 2 or more
years is treated as
serving full 4-year term
Arguments in Favor of Term Limits
1) Term limits encourage competitive elections. In theory, with more term limits, more elected officials must leave office with greater regularity creating open seats where no incumbent is seeking reelection. This could encourage constituents to vote more often. 2) Term limits curb the influence of lobbyists. As a practical matter, those who contribute to political campaigns often are providing funds to multiple candidates running for the same office. Because political campaigns often cost so much, even at the local level, money and at least the appearance of influence are intertwined with governance. 3) Term limits encourage leadership from ordinary citizens rather than full-time politicians.
In such a circumstance, term-limited representatives would be more in harmony with public opinion and with their city’s or district’s constituents. 4) Term limits will promote fresh ideas. New office holders can bring a fresh perspective.
Arguments in Opposition to Term Limits
1) Term limits result in a loss of experience. City council members gain experience over time, gather institutional knowledge, and understand the fundamentals of government. 2) Term limits remove popular leaders and are thus undemocratic. Elections will create term 236
limits in practice. If a city council member proves unpopular, then that person will not be reelected. Otherwise, citizens should be able to keep reelecting a popular representative if that person is a major asset to the city.
3) Term limits negatively affect the types of projects that elected leaders implement and the continuity of those projects. Projects may or may not be supported by a successor. Projects may get partially completed, but a new council shift could lead to projects being de-funded and de-staffed.
4) Term limits reduce the city’s involvement in and influence on state, regional and local bodies, boards and commissions since such bodies select more tenured individuals to serve and rapport among elected officials may be stronger over time.
STRATEGIC PLAN:
FISCAL IMPACTS:
None at this time. However, if a term limits measure were placed on the ballot, there would be an expense to the City to have the Ventura County Registrar of Voters conduct the election.
There are no Personnel Impacts at this time. Any future proposed term limits measure would require the City Clerk to work with the Ventura County Registrar of Voters to place the measure on the ballot for the 2024 election.
OPTIONS:
ATTACHMENTS:
237
Santa Paula City Council Tentative Agenda Schedule
DEPARTMENT MEETING
DATE
Monday, August 29, 2022
Admin 8/29/2022 ARPA Tranche 2 Funding Workshop
Finance Contract Award for User and DIF Study
Wednesday, September 21, 2022
CDD 9/21/2022 Community Development Department Report
PD Police Department Report
Admin Conflict of Interest Code Update
Admin Contract Extension with Merchant McIntyre
Finance Bonding Rate for Harvest Project
Wednesday, September 28, 2022
PW 9/28/2022 SWFA Prop 218 Protest Hearing
Study Sessions
P&R Oil Museum Options
Admin No Smoking Ordinance
Admin Homelessness Discussion
Admin Diversity, Equity and Inclusion Report
FUTURE AGENDA ITEMS
Admin SoCal Edison discussion on rates
CDD Franchise esVolta – Public Hearing
CDD Housing Element Adoption
CDD Inclusionary Housing DIF
P&R Teague Park Restroom Construction Contract
CDD Cannabis Processing Ordinance
Admin Election Districts Workshops
238