Santa Paula City Council
November 15, 2023

City of Santa Paula
City Council

MAYOR ANDY SOBEL

VICE MAYOR LESLIE CORNEJO

COUNCILMEMBER JENNY CROSSWHITE

COUNCILMEMBER CARLOS JUAREZ
COUNCILMEMBER PEDRO A. CHAVEZ

CITY COUNCIL REGULAR MEETING OF THE

SANTA PAULA CITY COUNCIL
WEDNESDAY, NOVEMBER 15, 2023
6:30 PM - City Council Regular Meeting

SANTA PAULA CITY HALL
970 VENTURA STREET
SANTA PAULA, CA 93060

JULIE LATSHAW, CITY CLERK

DAN SINGER, CITY MANAGER

MONICA CASTILLO, CITY ATTORNEY
City of Santa Paula - City Council - City Council Regular Meeting 1

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 may be referred to staff or considered on a future agenda.

2. Agenda Items: Items being considered by the City Council may appear on the Consent Calendar, as an Action Item, or as a Public Hearing. Public comments on each type of item are handled differently, as explained below:
a. For items appearing on the Consent Calendar, please submit a Public Comment Form before the Council takes action on the Consent Calendar. Items that receive a Public Comment Form may be pulled from the Consent Calendar by the Mayor and discussed separately by the City Council.
b. For items appearing as an Action Item, the Mayor will announce the Agenda item and request the staff report, the staff member responsible will give a brief summary of the report; the City Council will have an opportunity to ask questions of staff; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); and the City Council will discuss the item and then take appropriate action.
c. For items on which a Public Hearing is scheduled, the Mayor will open the public hearing and receive the staff report; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); the City Council will discuss the item; and the Mayor will close the public hearing after City Council action.

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence on any agenda item by sending an email to [email protected]. All public correspondence received by 3:00 p.m. (PT) on the meeting date will be provided to the legislative body before the meeting. Public Comments received after 3:00 p.m. will be provided to the legislative body the next day.

Your Participation in this meeting is in the public domain; meetings are cablecast; minutes of this meeting will reflect your participation in this meeting and are posted on the city’s website.

PLEASE NOTE: Be advised that if you bring a legal challenge to an action, you may be limited to raising only those issues you or someone else raised at the meeting described in this Agenda, or in written correspondence delivered to the City Council at or before the meeting.

Any action is subject to the ninety-day time period set forth in Code of Civil Procedure § 1094.6.

City of Santa Paula - City Council - City Council Regular Meeting 2

1. CALL TO ORDER
REMINDER: in order to minimize distractions during public meetings, all personal communication devices should be turned off or put in a non-audible mode.

2. INVOCATION

3. FLAG SALUTE

4. ROLL CALL

5. CLOSED SESSION REPORT

6. 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.

7. PRESENTATIONS

7.A PROCLAMATION - SANTA PAULA ROTARY 100 YEAR CENTENIAL

7.B PROCLAMATION - NATIONAL FAMILY CAREGIVER'S MONTH

7.C PRESENTATION - ALL CHILDREN THRIVE (ACT)

7.D ATHENS ANNUAL RECYCLING AWARDS

7.E CITY MANAGER'S DEPARTMENT REPORT - JULY 2023 - OCTOBER 2023 RECOMMENDATION:

Staff recommends that the City Council:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (805) 933-4208. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35, 102-35.104 ADA Title II). Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s office.

REGULAR MATTERS - COUNCIL CHAMBERS
City of Santa Paula - City Council - City Council Regular Meeting 3

1. Receive and file the Department Report for City Manager’s Department for July - October 2023.

Presented by: Dan Singer, City Manager

8. CITY COUNCIL REPORTS

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 APPROVAL OF MINUTES
RECOMMENDATION:

Staff recommends Council approve the following minutes:

City Council Special Minutes for October 18, 2023
City Council Regular Minutes for October 18, 2023

10.B OCTOBER 2023 WARRANTS AND CERTIFICATIONS
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for October 2023, starting check number 335385 and ending check number 335664.

2. Review and accept the "Certification of Salaries" for the pay period ending dates October 6th, 2023 through October 20th, 2023.

10.C FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

CITYGATE ASSOCIATES LLC FOR AN ORGANIZATIONAL EFFICIENCY

ASSESSMENT OF DEVELOPMENT SERVICES PROCESS
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute Amendment No. 1 to a Professional Services Agreement with Citygate Associates, LLC for development process assessment services, increasing the not to exceed contract amount from $77,785 to $79,495.

2. Approve a budget allocation for $1,710 from the General Plan Maintenance Fund (800-5-3001-215).

10.D ON-CALL AGREEMENT FOR CITYWIDE UTILITY REPAIR AND

CONSTRUCTION SERVICES WITH SAM HILL & SONS
RECOMMENDATION:

City of Santa Paula - City Council - City Council Regular Meeting 4 Staff recommends that the City Council:

1. Authorize the City Manager to execute a three-year on-call service agreement with Sam Hill & Sons, Inc. for Citywide Utility Repair and Construction Services in a form approved by the City Attorney.

2. Authorize the City Manager or his designee to issue Citywide Utility Repair and Construction Services work orders under the on-call services agreement on a time and material basis in an amount not to exceed the adopted fiscal year budget or in the annual aggregate of $250,000, whichever is less.

10.E SB 1383 GRANT APPLICATION
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Resolution 7492 authorizing the City Manager to submit applications and support documents on behalf of the City of Santa Paula for all eligible CalRecycle grants and programs.

11. ACTION ITEMS

11.A WASTEWATER COLLECTION SYSTEM CHLORIDE SOURCE

EVALUATION
RECOMMENDATION:

Staff recommends that the City Council:

1. Receive and file the Wastewater Collection System Chloride Source Evaluation; and

2. Authorize staff to proceed with one of the three options addressed in this report:
a. Option 1: Pause the AWTF bid process and continue the Chloride Study;
b. Option 2: Conduct the AWTF bid process as currently designed and stop the Chloride Study; or
c. Option 3: Pause the AWTF bid process while concurrently conducting a Design Refinement Study and the Chloride Study.

Presented by:

Eileen Shields, PE, MKN & Associates
Clete J. Saunier, Public Works Director

11.B EXPENDITURE PLAN FOR THE FY 23/24 SUPPLEMENTAL LAW

ENFORCEMENT SERVICES ACCOUNT
RECOMMENDATION:

Staff recommends that the City Council approve the recommended Expenditure Plan appropriating the Supplemental Law Enforcement Services Account (SLESA) funds for the FY 2023-2024 allocation and authorize the City Manager to execute any documents necessary to accept the funding.

City of Santa Paula - City Council - City Council Regular Meeting 5

11.C CONSIDERATION OF VARIOUS EMPLOYEE-BASED INCENTIVES RECOMMENDATION:

Authorize staff to establish various employee based incentives and return with an adopting resolution for said incentives.

Presented by: City Manager Dan Singer

11.D AMENDED CITY COUNCIL INVOCATION POLICY
RECOMMENDATION:

Staff recommends that the City Council:

Adopt Resolution No. 7493 adopting an Amended City Council Invocation Policy.

Presented by: Monica Castillo, City Attorney

12. ITEMS FOR FUTURE AGENDAS

12.A FUTURE AGENDA ITEMS
RECOMMENDATION:

Staff recommends City Council review future agenda items.

13. 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 6 To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: CITY MANAGER'S DEPARTMENT REPORT - JULY 2023 - OCTOBER 2023
Date: November 15, 2023
Agenda Item: 7.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Receive and file the Department Report for City Manager’s Department for July - October 2023.

Presented by: Dan Singer, City Manager
BACKGROUND:

City Manager
Led efforts related to the Union Oil Building, including the execution of a Transfer Agreement to donate the property to the City along with a $2-million-dollar maintenance grant. Worked with the City Attorney on efforts to update Council's Manual of Procedural Guidelines for Conduct of the City Council and Constituent Body/Commission Meetings.

Led an exercise with the Finance Director to explore revenue generating opportunities with Council. Efforts from that discussion are still underway. Worked with the Council's subcommittee and staff to compile and finalize a comprehensive report evaluating the city's Diversity, Equity, and Inclusion (DEI) practices which includes the ad-hoc committee’s suggestions for improvement.

Negotiated a Memorandum of Understanding with the County, Fillmore and the Spirit of Santa Paula, to support on-going funding for our local homeless shelter.

Management Analyst
Administrative
Continued oversight, tracking and execution of objectives in Council’s 2-Year Strategic Plan.

In partnership with our Emergency Services Coordinator, assisted with emergency declarations and efforts related to the FEMA flood events from January-March 2023. 7 Continued oversight of the City’s transition to joining the Clean Power Alliance (CPA).

Provided community outreach, research and analysis related to a consideration in adjusting City Council meeting start times.

Economic Development
Worked with Ventura County and multiple stakeholders to support the County’s 150 th
Anniversary jubilee event which took place in Santa Paula on October 21, 2023.

Coordination and oversight of activities related to the Property Business Improvement District (PBID) to effectuate beautification and improvements to the downtown corridor.

Provided support to the Parks & Recreation Dept. related to requests for Council sponsorship for the Labor Day and Holiday Parades.

Developed a professional services agreement with the Chamber of Commerce to support several of Council's 2-Year Strategic Plan objectives related to economic development in Santa Paula.

Grants
Applied for and awarded a United States Department of Transportation Safe Streets and Roads for All (SS4A) Grant in the amount of $280,000.

Applied for and awarded an Alcohol Beverage Control (ABC) Grant in the amount of $28,108.

Continued to work with the Broadband committee to explore broadband options and utilize $192,050 in Local Agency Technical Assistance (LATA) grant funds to explore opportunities for Broadband High-Speed Internet by funding the development of a Broadband Strategic Plan for the City.

Applied for a $30,000 grant from T-mobile for a downtown kiosk on behalf of the Property Business Improvement District.

Obtained $28,108 in grant funding from the Alcohol Beverage Control (ABC) Board.

Continued to work with Public Works and VCTC to utilize $1,482,877.50 in TDA Article 3 grant funds to engineer and construct up to 2.48 miles of new bike trails in Santa Paula which would connect to the existing bike trail pathway, allowing multi-modal access from west end of Santa Paula to the east end.

Legislative Affairs
Attended the League of California Cities Conference in September to stay abreast of legislative issues that are currently, or anticipated to be, the focus of future legislation by the county, state or federal government. Worked with the Mayor, Merchant McIntyre and our Public Works Director to successfully advocate for approx. $1M dollars in Federal funding support from Congresswoman Julia Brownley, Senator Padilla and Senator Feinstein for the Mesa Tanks project. This appropriation has passed in the House and is awaiting Senate approval.

Drafted letters of Opposition based on Council's adopted Legislative platform for AB309 and AB1637.

Public Information
Established an ad hoc Communications Committee to focus on citywide communications 8 efforts and assist with the City’s upcoming website redesign.

Continued communications and support to all departments through Channel 10 content, Take 5 newsletter, social media, website updates and design and press releases.

Continue to assist the Public Works department with weekly outreach and communications efforts for the Harvard Blvd. Water/Sewer & Pavement Project.

Led efforts for the adoption of a Social Media Terms of Use Policy for all City social media platforms.

Assisted with outreach efforts related to recruitment for the Chief of Police, Union Oil Building, various committees/commissions, employment opportunities, community programs, etc.

Assisted with support for various ribbon cutting ceremonies throughout the City including the Boys & Girls Club Restroom remodel and SPIRIT of Santa Paula.

Management Fellows
Tracked and analyzed results related to the Spanish Language Interpretation Pilot Program to provide Spanish language interpretation at key city events and meetings. As a result, Council has extended and budgeted for this program for the next two fiscal years.

Created a consistent set of bi-monthly business workshops in collaboration with SCORE, EDC, and WEV. Workshops such as how to boost social media presence and how to start a business were provided.

Continued oversight of local business roundtable discussions in partnership with CEDD as part of Council’s 2-Year Strategic Plan. Meeting attendance continues to increase.

Continued oversight of meetings and mixers, in partnership with the Community/Economic Development Dept. (CEDD), to work towards the creation of a Cultural Arts Council, now called the Arte & Cultura Collective of Santa Paula. The steering committee held a Mission/Vision workshop in furtherance of moving towards a formal organizational structure earlier this summer.

Led efforts around the Bursting with Color: Downtown Youth Banners Project to encourage youth art and community engagement.

PBID – Supported the up-lighting project and created a downtown newsletter to keep business owners informed on a quarterly basis.

Human Resources Department
Successfully recruited and hired:

City Manager's Office – Executive Assistant
Community and Economic Development – Administrative Analyst Parks & Recreation – Custodian (2)
Police - Police Commander, Police Recruits (2)
Public Works - Mechanic, Water System Operator
Created and Introduced Citywide Wellness & Fitness Reimbursement Program.

Completed 2023 Open Enrollment.

Offered On-site Flu Clinic.

Offered the following trainings to City Employees: Worker's Comp 101 and Maximizing 9 Supervisory Skills.

Hosted Jersey Day Employee Ice Cream Social Event, Lunch & Learn: Supporting Your Activity with Nutrition, Halloween Employee Appreciation Luncheon.

Recognized and celebrated the 2023 Employee of the 2nd and 3rd Quarter.

Successfully negotiated successor Memorandum of Understandings for the period of July 1, 2023 through June 30. 2025 with the Community Services Officer's Association.

Assisted Recruiter with Community Forum for the Chief of Police Recruitment.

Information and Technology Department
Continuing work installing Mark 43 system at Police Department Numerous daily administration / maintenance tasks of computer systems, communications systems, and other City systems as needed.

City Clerk's Office
Processed 14 City Council agendas and minutes.

Attended 1 Bid Openings.

March-October - Processed Commission/Committee/Board applications, interviews, and oaths for Three Planning Commission; One Santa Paula Housing Authority; One Parks and Recreation Youth Commission; and Two Senior Advisory Committee.

Continue to advertise and accept applications for Commissions, Committees, and Boards.

Processed 91 Public Records Requests.

Processed and Posted 4 Notice of Publications.

Completed the Contract setup for DocuSign, and preparing for training of staff.

ANALYSIS:

None
STRATEGIC PLAN:

None
FISCAL IMPACTS:

None
OPTIONS:

None
ATTACHMENTS:
10 To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: APPROVAL OF MINUTES
Date: November 15, 2023
Agenda Item: 10.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends Council approve the following minutes:

City Council Special Minutes for October 18, 2023
City Council Regular Minutes for October 18, 2023
BACKGROUND:

An account of all proceedings of the Legislative Body in open meetings shall be kept by the Clerk/Secretary. The Clerk/Secretary shall prepare an abbreviated record of the meeting proceedings for approval by the Legislative Body which when adopted by the Legislative Body shall be the official Minutes of the meeting. Amendment of the minutes may be made only as to factual accuracy and not as to a change of intent. The Minutes of the meeting need not be verbatim. Only the best and most complete available recording of the meeting shall constitute the official record of the Legislative Body, but the Minutes shall constitute the official record of the Legislative Body meeting where a verbatim record of the meeting is not available. Unless requested by a majority of the quorum, the minutes may be approved without reading.

ANALYSIS:

None.

STRATEGIC PLAN:

This item is not a goal or objective in the City Council's two-year Strategic Plan, however, the Minutes shall constitute the official record of the Legislative Body.

FISCAL IMPACTS:

There are no fiscal impacts for this item.

OPTIONS:

ATTACHMENTS:
11 2023.10.18 City Council Special Minutes.pdf
2023.10.18 City Council Regular Minutes.pdf
12 CITY OF SANTA PAULA
City Council Special Meeting
October 18, 2023, 4:30 PM

MINUTES

SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Sobel called the meeting to order at 4:30 p.m.
2) ROLL CALL
Members Present: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, and Pedro A Chavez
3) PUBLIC COMMENT
None.
4) CLOSED SESSION

4.A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957. Title: Interim CityAttorney

4.B) THREAT TO PUBLIC SERVICES OR FACILITIES pursuant to Government Code Section 54957. Consultation with Rich Williamson, Chief Information Officer
Council recessed to Closed Session at 4:31 p.m.
5) CLOSED SESSION REPORT
Interim City Attorney Monica Castillo reported there was no reportable action taken on item 4.B.

Mayor Sobel reported that on item 4.A Public Employee Performance Evaluation for Interim City Attorney Monica Castillo, there was a unanimous vote by Council, where Monica Castillo with Best, Best and Krieger, was offered a permanent position as CityAttorney for the City of Santa Paula.
13 6) ADJOURNMENT
Mayor Sobel adjourned the meeting at 6:20 p.m.

Julie Latshaw, City Clerk
ATTEST:
14 CITY OF SANTA PAULA
City Council Regular - FINAL Meeting
October 18, 2023, 6:30 PM

MINUTES

REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Sobel called the meeting to order at 6:34 p.m.
2) INVOCATION
Rev. Maddie Sifantus provided the Invocation.
3) FLAG SALUTE
Councilmember Juarez led the flag salute.
4) ROLL CALL
Members Present: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, and Pedro A Chavez
5) CLOSED SESSION REPORT
Interim City Attorney Monica Castillo reported there was no reportable action taken on the following:

THREAT TO PUBLIC SERVICES OR FACILITIES pursuant to Government Code Section 54957. Consultation with Rich Williamson, Chief Information Officer
Mayor Sobel announced by unanimous vote of Council, Monica Castillo was approved to be the permanent City Attorney on the following:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957. Title: Interim City Attorney
6) PUBLIC COMMENT
Public Speakers on Item 11.B) Flag Display Policy:

James McEachern was called to speak opposing changes to the current Flag Display Policy.

John Finley was called to speak opposing changes to the current Flag Display 15 Policy.

Johannes Moehnle was called to speak opposing changes to the current Flag Display Policy.

Viva Moehnle was called to speak opposing changes to the current Flag Display Policy.

Brian Kelly was called to speak opposing changes to the current Flag Display Policy.

Jesus Jimenez was called to speak in support of changes to the current Flag Display Policy.

Brittany Botts-Volaski was called to speak in support of changes to the current Flag Display Policy.

David McEachern was called to speak in support of changes to the current Flag Display Policy.

Karen Collins was called to speak opposing changes to the current Flag Display Policy.

Melissa Wodzinski was called to speak opposing changes to the current Flag Display Policy.

Nicole Sutherland was called to speak opposing changes to the current Flag Display Policy.

Mary Block was called to speak opposing changes to the current Flag Display Policy.

Benjamin Block was called to speak opposing changes to the current Flag Display Policy.

Chris Olsen was called to speak opposing changes to the current Flag Display Policy.

Jan Beacher was called to speak opposing changes to the current Flag Display Policy.

Thomas Weisbeecher was called to speak in support of changes to the current Flag Display Policy.

Mary Bagdazian was called to speak opposing changes to the current Flag Display Policy.

Greg Becher was called to speak opposing changes to the current Flag Display Policy.

Zachariah Huckins was called to speak opposing changes to the current Flag Display Policy.

John Paul Guy was called to speak opposing changes to the current Flag Display Policy.

Donna McClure was called to speak opposing changes to the current Flag Display Policy.

Manuel Minjares was called to speak in support of changes to the current Flag Display Policy.

Patricia Hierro was called to speak opposing changes to the current Flag Display Policy.

Richard Seeley was called to speak opposing changes to the current Flag Display Policy.

Domemic Richard was called to speak opposing changes to the current Flag Display Policy.

Richard Ferrier was called to speak opposing changes to the current Flag Display Policy.

Anthony Grumbine was called to speak opposing changes to the current Flag Display Policy.

Ann Marie Grumbine was called to speak opposing changes to the current Flag Display Policy.

Nick Zepeda was called to speak opposing changes to the current Flag Display 16 Policy.

Wendy Zepeda was called to speak opposing changes to the current Flag Display Policy.

Ben Coughlin was called to speak opposing changes to the current Flag Display Policy.

Barbara Kieswetter was called to speak opposing changes to the current Flag Display Policy.

Bob Kiesewetter was called to speak opposing changes to the current Flag Display Policy.

Christina Eilar was called to speak in support of changes to the current Flag Display Policy.

Jean Kermode was called to speak opposing changes to the current Flag Display Policy.

Steven Auckin was called to speak in support of changes to the current Flag Display Policy.

Kate English was called to speak in support of changes to the current Flag Display Policy.

Fabian Gomez was called to speak in support of changes to the current Flag Display Policy.

Angililca Dove was called to speak in support of changes to the current Flag Display Policy.

Charlotte Peters was called to speak opposing changes to the current Flag Display Policy.

Patricia Zavala was called to speak in support of changes to the current Flag Display Policy.
7) PRESENTATIONS

7.A) COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
QUARTERLY REPORT (APRIL - SEPTEMBER 2023)
James Mason, Community and Economic Development Director provide the Community and Economic Development Department Report ( AprilSeptember 2023) 8) CITY COUNCIL REPORTS
Councilmember Chavez:

Provided City Clerk written report on activities August 16 through October 18.

Vice Mayor Cornejo:

Met with Caitlin Barringer, President of Chamber and works with Food Share; attended Property Business Improvement District; Harvest Development Agreement Ad Hoc; met with group from Chevron; met with Ronie Guthery with Athens; Police Officers Association President Dan McCarthy.

Councilmember Crosswhite:

Announced upcoming Southern California Association of Governments Economic Summit; Ventura County Housing Conference; Clean Power Alliance; Ventura County Transportation Commission.

Councilmember Juarez:

Attended Senior Advisory Committee; Santa Paula Beautiful; Bruce Dickinson Memorial; Assisted with Interim Police Chief Aguilar at Ventura County 17 Leadership Acadamy; invited to Santa Paula High School to meet with United States Army General Ida T. Boris; announced the upcoming Ventura County 150th Anniversary Event.

Mayor Sobel:

Attended Ventura County Planning Commission; Cycle Cal Coast; Taste of Santa Paula; Bruce Dickinson Memorial; Ventura County Housing Conference; Womens Economic Venture; lunch with Jan Marholin with Boys & Girls Club. 9) CITY MANAGER REPORTS
10) CONSENT CALENDAR

10.A) APPROVAL OF MINUTES

10.B) AUGUST 2023 WARRANTS AND CERTIFICATIONS

10.C) SEPTEMBER 2023 WARRANTS AND CERTIFICATIONS

10.D) INVESTMENT POLICY UPDATE

10.E) TRANSPORTATION DEVELOPMENT ACT, LOCAL

TRANSPORTATIONFUND, APPORTIONMENT FOR FISCAL YEAR
2023/2024

10.F) UPDATED MANUAL OF PROCEDURAL GUIDELINES FOR THE

CONDUCT OF CITY COUNCIL AND CONSTITUENT

BODY/COMMISSION MEETINGS FOR THE CITY OF SANTA PAULA

10.G) ON-CALL AGREEMENTS FOR PROFESSIONAL CONSULTING

SERVICES

10.H) ON-CALL SERVICE AGREEMENTS FOR CITYWIDE STREET

MAINTENANCE SERVICES

10.I) ON-CALL SERVICES AGREEMENT FOR CITYWIDE TRAFFIC

SIGNAL MAINTENANCE SERVICES
Motion: Approve Consent Calendar, with Councilmember Cornejo abstaining from minutes for October 4, 2023 and October 9, 2023.

Moved by Pedro A Chavez, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
Yes: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez
11) ACTION ITEMS

11.A) UNION OIL BUILDING TRANSFER AGREEMENT
Motion: Approve Resolution No. 7488 authorizing the City Manager to execute the proposed Transfer Agreement to acquire the Union Oil Building property, and all documents necessary to carry out the Transfer 18 Agreement; and authorize acceptance of the property pursuant to Government Code Section 27281.

Moved by Leslie Cornejo, seconded by Pedro A Chavez
Vote: Motion carried 4-0
Yes: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Pedro A Chavez

11.B) FLAG DISPLAY POLICY
Motion: Approve directing staff to return with an adopting resolution to amend the flag display policy at a future meeting.

Moved by Pedro A Chavez
Vote: Motion failed -
Yes: None

11.C) FISCAL REVIEW: FY 22/23 YEAR END AND FY 23/24 Q1
Christy Ramirez, Finance Director, presented the fiscal year end report.

11.D) TRAVEL POLICY UPDATE
Christy Ramirez, Finance Director presented this item.

Motion: Approve as amended Resolution 7487, adopting a revised travel expense reimbursement policy established by Resolution No. 6258 on February 6, 2006.

Moved by Jenny Crosswhite, seconded by Carlos Juarez
Vote: Motion carried 5-0
Yes: Andy Sobel, Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, Pedro A Chavez
12) ITEMS FOR FUTURE AGENDAS

12.A) FUTURE AGENDA ITEMS
13) ADJOURNMENT
Mayor Sobel adjourned the meeting at 11:17 p.m.

Julie Latshaw, City Clerk
ATTEST:
19 To: Honorable Mayor and Members of the City Council
From: Beatriz Jimenez, Assistant Finance Director
Subject: OCTOBER 2023 WARRANTS AND CERTIFICATIONS
Date: November 15, 2023
Agenda Item: 10.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for October 2023, starting check number 335385 and ending check number 335664.

2. Review and accept the "Certification of Salaries" for the pay period ending dates October 6th, 2023 through October 20th, 2023.

BACKGROUND:

This staff report certifies the separation of duties between the Preparer (Accounting and Payroll Specialist) and the Reviewer (Finance Director and Assistant Finance Director).

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 amount and funds accounts payable came from.

The "Check Report" depicts the following columns:
c) AP-ACCOUNTS PAYABLE for the 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. 20 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 October 6th, 2023 through October 20th, 2023.

ANALYSIS:

See the attachments for expense breakdown by respective fund.

STRATEGIC PLAN:

None.

FISCAL IMPACTS:

None.

OPTIONS:

1. Receive and file October 2023 Certifications of Accounts Payable Checks and Certifications of Salaries.

ATTACHMENTS:

OCTOBER 2023 WARRANTS AND CERTIFICATIONS.pdf
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55 56
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH CITYGATE ASSOCIATES LLC FOR AN ORGANIZATIONAL

EFFICIENCY ASSESSMENT OF DEVELOPMENT SERVICES PROCESS
Date: November 15, 2023
Agenda Item: 10.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute Amendment No. 1 to a Professional Services Agreement with Citygate Associates, LLC for development process assessment services, increasing the not to exceed contract amount from $77,785 to $79,495.

2. Approve a budget allocation for $1,710 from the General Plan Maintenance Fund (800- 5-3001-215).

BACKGROUND:

On June 7, 2023 the City Council approved a contract with Citygate Associates LLC to assess the City's development services process in the not-to-exceed amount of $77,785. The purpose of this assessment is to identify and address inefficiencies in the City's development process with the goal of creating a simplified, streamlined process with predictable timelines that produces high quality development projects.

In recent weeks the Citygate Associates LLC has been conducting interviews and reviewing processes and documentation to assess operational procedures and programs. As a part of their next efforts the consultant will be conducting a community survey to assess customer input on the development services process and provide recommendations and an implementation plan for improvements.

However, the consultant has determined that the community survey originally included in the scope of work will best served if it is also available in the Spanish language. The consultant intends for the survey to remain unbiased and not subject to influence by city staff. To accomplish this the generation of the survey, the language translation, printing, and direct mail will be solely conducted by the consultant to maintain objectivity.

ANALYSIS:
57 While the initial contract amount was deemed to be sufficient to complete the defined scope of work, the consultant upon further analysis and determination of the significantly high percentage of Spanish speaking households in the community, that the survey should be made available in Spanish to ensure optimal responses.

As a result there is a need to increase the not to exceed amount from $77,785 to &79,495. (an increase of $1,710).

STRATEGIC PLAN:

1. Operational Excellence
Goal: Provide excellent service to the community in a cost-effective manner with an engaged workforce with a focus on continuous improvement and outstanding customer service.

Objective 1. Streamline the application and permitting processes for businesses.

Utilization of a consultant for review of the development review and permitting process will provide the necessary analysis and recommendations to improve customer service and permit work flows.

FISCAL IMPACTS:

The cost of the proposed contract including the amendment is an amount from $77,785 to $79,495. The increased amount will be addressed through a budget allocation for $1,710 from the General Plan Maintenance Fund (800-5-3001-215).

OPTIONS:

The City Council could choose not to amend this contract; however, this may hinder improving the development services process in the Community and Economic Development Department and impact other departments that depend on it.

ATTACHMENTS:

ATTACHMENT B _CITYGATE Santa Paula Customer Survey Change Order.pdf ATTACHMENT_A__FIRST_AMENDMENT_TO_THE_PROFESSIONAL_SERVICES_AGREEMENT_WIT 58 October 17, 2023
James Mason, Community & Economic Development Director
970 Ventura Street
Santa Paula, CA 93060
[email protected]
SUBJECT: COMMUNITY AND ECONOMIC DEVELOPMENT REVIEW FOR CITY OF SANTA PAULA – CHANGE ORDER
Dear Mr. Mason:

Per your recent request, Citygate Associates, LLC is pleased to submit this change order for the following additional scope of work items related to the customer survey:
 Prepare the customer/community survey instrument in Spanish, utilizing an experienced Spanish translator with whom Citygate has worked on prior surveys.

Once the translation is complete, the Spanish version will be built and launched online concurrently with the English version. Open-ended responses to the survey in Spanish will be translated into English and incorporated into one combined survey results summary prepared in English and included as an appendix to Citygate’s Final Report. The cost for this translation is estimated at $1,258, to include six hours for our translator at her professional rate of $160 per hour plus modest Citygate survey administration time to build, launch, and monitor the additional survey.
 The English and Spanish versions of the customer/community survey will be formatted in a print-friendly layout that the City can print for customers as desired.

The City will be responsible for providing postmarked envelopes for respondents to return completed surveys via mail to Citygate. Citygate will manually enter hardcopy survey responses into the online survey database. The cost for this will not exceed $452.

The total cost of this change order is $1,710. We appreciate the opportunity to serve the City of Santa Paula on this project. If the above terms are agreeable, please have the City sign acceptance on the following page or issue a contract change order. * * *
59 James Mason
October 17, 2023

Please call Chad Jackson at (916) 458-5105 if you have any questions concerning our change order.

Sincerely,
David C. DeRoos, MPA, CMC
President
cc: Stacey Bristow
Acceptance of Citygate’s proposal and terms:

Name Signature
Title Date
60 65283.00005\41797672.2

FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITYGATE ASSOCIATES, LLC. AND

THE CITY OF SANTA PAULA
THIS FIRST MENDMENT (“Amendment”) is made and entered into this 15th day of November 2023, by and between the CITY OF SANTA PAULA, a California general law city and municipal corporation (“City”), and CITYGATE ASSOCIATES, LLC., a California Corporation (“Consultant”).

1. RECITALS. This Amendment is made with reference to the following facts and objectives:

A. On June 7, 2023 the City and Consultant entered into an agreement for professional services for an organizational efficiency assessment of the City of Santa Paula development services processes (the “Agreement”).

B. The term of the Agreement is from June 7, 2023 to May 7, 2024.

C. The Consultant’s total compensation under the Agreement may not exceed $77,785.00 without written approval of the City Council or the City Manager, as applicable.

D. The City and Consultant now mutually desire by this Amendment to increase the Consultant’s total maximum compensation by $1,710.00 to include additional Spanish translation and printing services for a community customer service survey for a total not-to-exceed amount of $79,495.00.

2. AMENDMENT. In consideration of the foregoing and pursuant to Sections 3.2.1 of the Agreement, the Agreement is amended as follows:

A. Subsection 3.2.1., under Section 3, entitled “Terms,” is hereby amended to read as follows: “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 "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed SEVENTY-NINE THOUSAND, FOUR HUNDRED NINETY-FIVE DOLLARS ($79,495.00) 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.” B. The customer survey described in the Services attached as Exhibit B to the Agreement will be made available in Spanish in addition to English, and hard copies will be provided for both languages.

3. COUNTERPARTS. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

4. LIMITED AMENDMENT. Except as modified by this Amendment, all other terms and conditions of the Agreement remain in full force and effect. Whenever the term “Agreement” is used in the Agreement it shall mean the Agreement, as modified by this Amendment. In the event of a conflict between this Amendment and the Agreement, the provisions of this Amendment shall control. [Signatures on Next Page]
61 65283.00005\41797672.2

SIGNATURE PAGE TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA PAULA AND CITYGATE ASSOCIATES, LLC.

IN WITNESS WHEREOF, the duly authorized representatives of the City and Consultant have executed this Amendment effective as of the first day and year written above.

CITY OF SANTA PAULA CITYGATE ASSOCIATES, LLC.

Taxpayer ID No. ______________
Approved By: [If corporation, TWO SIGNATURE
President OR Vice President AND
___________________________________ Secretary OR Treasurer REQUIRED] Dan Singer, City Manager
Approved as to Form: By:___________________________
Its:___________________________
____________________________________
Monica Castillo, City Attorney Printed Name:__________________ Attest By: By:___________________________
Its:___________________________
____________________________________ Printed Name:__________________ Julie Latshaw, City Clerk
62 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: ON-CALL AGREEMENT FOR CITYWIDE UTILITY REPAIR AND

CONSTRUCTION SERVICES WITH SAM HILL & SONS
Date: November 15, 2023
Agenda Item: 10.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute a three-year on-call service agreement with Sam Hill & Sons, Inc. for Citywide Utility Repair and Construction Services in a form approved by the City Attorney.

2. Authorize the City Manager or his designee to issue Citywide Utility Repair and Construction Services work orders under the on-call services agreement on a time and material basis in an amount not to exceed the adopted fiscal year budget or in the annual aggregate of $250,000, whichever is less.

BACKGROUND:

The City provides water service to approximately 30,700 customers and 8,590 service connections from the City’s water distribution system. The 96 miles of pipe ranging in size from 2” to 24”. There are throughout four pressure zones. The City’s water system consists of five groundwater wells, nine storage tanks serving four pressure zones, ten booster pump stations, two water treatment facilities and 96 miles of water mains. Some of the oldest water mains still in use were installed in 1917; a large portion of the water system was installed in the 1920’s through the 1960’s. Due to the age of the water system infrastructure, water main breaks and leaks are common and can happen at all hours of the day, any day of the week.

The City also maintains the wastewater collection system which consists of more than 6,600 sewer accounts, approximately 60 miles of collection lines, with pipeline diameters from 6 to 24 inches, 0.5 miles of force mains, 1,190 manholes and two lift stations. The collection lines in the City have been constructed over many years since the wastewater system was first established in the 1930’s. Due to the age of the wastewater collection system, the corrosive nature of wastewater, the presence of tree roots and other factors, many sections of the City’s wastewater collection system have reached the limit of their service life.

The majority of underground storm drain conduits in the City consist of corrugated metal pipe (CMP), as well as reinforced concrete pipe (RCP), poly vinyl chloride (PVC), and redwood box (RDWD) systems. Much of the City’s stormwater collection systems have reached the limits of 63 their service life and require increasing frequency of repair and replacement to address continuation service and to mitigate hazards related to pipe failure, including sinkholes and other damage to City roadway and pavement infrastructure.

The City needs specialized contractors to perform utility repair and maintenance work that exceeds staff’s ability and capacity to address internally. By pre-qualifying contractors to be utilized on an on-call basis, the delays associated with a traditional Request for Bids (RFB) process is eliminated on the front end of each project. Rather, staff has access to a prequalified group of contractors available to efficiently respond to the needs of the City.

ANALYSIS:

On June 21, 2023, City Council authorized Staff to publish a Request for Qualifications (RFQ) for Citywide Utility Repair and Maintenance Services. On September 14, 2023, staff advertised the RFQ and was received and opened on October 12, 2023. The following Statement of Qualifications (SOQs) were received:

No. Contractor

1. Central Coast Engineering

2. Sam Hill & Sons, Inc.

The contractors were evaluated based on their qualifications, experience, and unit prices. Staff determined that Sam Hill and Sons, Inc. is best qualified to accomplish the scope of work required by the City, based on the above criteria. Central Coast Engineering was disqualified based on a review of requisite licensure provisions. By having an on-call agreement, the City will be able to carry out all aspects of repairing and maintaining the water, wastewater and stormwater systems effectively.

Staff is committed to responsible financial stewardship and will regularly report to Council on the projects covered by these contracts. In addition, staff will ensure that no work order is issued for a Capital Improvement Project (CIP) until the CIP is approved by City Council.

STRATEGIC PLAN:

The item supports the currently adopted Strategic Plan in achieving the following goals:

Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.

FISCAL IMPACTS:

Individual work orders with the City Manager’s, or his designee’s approval will be separately issued, reflecting negotiated scopes of work, cost estimates and schedules for projects and services that have been adopted for the respective fiscal year. The aggregate amount of work orders issued under the on-call agreement will not exceed the adopted budget. The cumulative total for all work orders shall not exceed $250,000 annually. A sample Work Order is included in Exhibit B to Attachment A, the associated services agreement.

OPTIONS:
64 The Council has the following available alternative options to staff’s recommendations:

1. Do not authorize Staff to award contracts for Citywide Utility Repair and Construction Services. Doing so would delay critical utility repair and construction work that cannot be performed by internal staff.

ATTACHMENTS:

Attachment A - Santa Paula_ Sam Hill - On Call Services Agreement___.pdf 65 Attachment 1
0$,17(1$1&( SERVICES

AGREEMENT

ON-CALL REPAIR AND CONSTRUCTION SERVICES

AGREEMENT BETWEEN THE CITY OF SANTA PAULA AND
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66 65283.00007\41794234.2
- 1 - SERVICES AGREEMENT

CITY OF SANTA PAULA

ON-CALL REPAIR AND CONSTRUCTION SERVICES AGREEMENT

BETWEEN THE CITY OF SANTA PAULA
AND
SAM HILL & SONS, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this 11th day of November, 2023 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 Sam Hill & Sons, Inc. a California Corporation with its principal place of business at 2627 Beene Road, Ventura, CA 93003 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing utility repair and construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Citywide Utility Repair and Construction Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor 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 maintenance 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. The Services shall be more particularly described in the individual Work Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Work Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Work Order, 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 July 1, 2023 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at 67 65283.00007\41794234.2
- 2 - SERVICES AGREEMENT
its sole discretion, to renew this Agreement automatically for no more than one additional oneyear terms. Contractor 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.

3.2 Compensation.

1.1.1 Compensation. Contractor 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 maximum compensation for Services to be provided pursuant to each Work Order shall be set forth in the relevant Work Order. The total compensation for all Work Orders issued hereunder shall not exceed Two Hundred Fifty Thousand Dollars and no cents ($250,000.00) per fiscal year 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.

3.2.1 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.2.2 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.2.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor 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.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3 Responsibilities of Contractor.

3.3.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on 68 65283.00007\41794234.2
- 3 - SERVICES AGREEMENT
behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor 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. Contractor shall perform the Services expeditiously, within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Work Order issued by the City (the “Schedule”). Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule.

3.3.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.3.4 City’s Representative. The City hereby designates Clete Saunier, Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.3.5 Contractor’s Representative. Contractor hereby designates Steve Moreno, Project Manager, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his 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.

3.3.6 Coordination of Services. Contractor 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.

3.3.7 Standard of Care; Performance of Employees. Contractor 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. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement 69 65283.00007\41794234.2
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from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.8 Period of Performance and Liquidated Damages.

3.3.8.1 Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall 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 provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of One Thousand Five Hundred Dollars ($1,500.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.3.8.2 Neither City nor Contractor 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 Contractor and its subconsultants, 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.

3.3.8.3 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 Contractor 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.

3.3.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If 70 65283.00007\41794234.2
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Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.3.10 Laws and Regulations; Employee/Labor Certifications.

3.3.10.1 Compliance with Laws. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10.2 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies 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. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies 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. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.3.10 or any of its subsections.

3.3.10.3 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.

3.3.10.4 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate 71 65283.00007\41794234.2
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the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.3.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Contractor 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.

3.3.10.6 Air Quality. Contractor 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 California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.7 Water Quality.
(A) To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Colorado River Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor 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, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and 72 65283.00007\41794234.2
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subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.3.11 Insurance.]

3.3.11.1 Time for Compliance. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.3.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor 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 73 65283.00007\41794234.2
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or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.3.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Santa Paula, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, 74 65283.00007\41794234.2
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officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.3.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.3.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.3.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.3.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.3.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 75 65283.00007\41794234.2
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3.3.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.3.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.13 Bonds.

3.3.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.3.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.3.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.3.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The 76 65283.00007\41794234.2
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surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3.14 Work Site.

3.3.14.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.3.14.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.3.15 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.3.16 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been 77 65283.00007\41794234.2
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transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.4.2 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable.

3.4.3 Registration/DIR Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor 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 Department of Industrial Relations against Contractor or any subcontractor. 78 65283.00007\41794234.2
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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 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor 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.

3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.3 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 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such 79 65283.00007\41794234.2
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claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.7 General Provisions.

3.7.1 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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 Contractors. Contractor 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 Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor 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. Contractor represents and warrants that all personnel who perform the Services on Contractor’s behalf are Contractor’s employees, and that Contractor 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. Contractor 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 Contractor to use a Subcontractor, Contractor 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 respective parties may provide in writing for this purpose:

Contractor:

Sam Hill & Sons, Inc.
2627 Beene Road
Ventura, CA 93003
Attn: Spencer Hill, Secretary
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City:

City of Santa Paula
PO Box 569
Santa Paula, CA 93061
Attn: Clete Saunier, Public Works 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 Governing Law; Government Code Claim Compliance. 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, Contractor 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 Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.5 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 other costs of such action.

3.7.6 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.7 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.7.8 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.9 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.7.10 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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 81 65283.00007\41794234.2
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of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.7.11 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.12 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.

3.7.13 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.14 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.

3.7.15 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors 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.

3.7.16 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.

3.7.17 Authority to Enter Agreement. Contractor 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.

3.7.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.19 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. This Agreement may only be modified by a writing signed by both parties.
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3.8 Federal Provisions.

FEMA financial assistance may be used to fund all or a portion of this Agreement. The Contractor shall comply with all federal requirements including, but not limited to, the following: 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference, and Federal Contract Provisions attached hereto as Exhibit “E” and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions. With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
[SIGNATURES NEXT PAGE]
83 65283.00007\41794234.2
- 18 - SERVICES AGREEMENT

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SANTA PAULA
AND SAM HILL & SONS, INC.

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

CITY OF SANTA PAULA SAM HILL & SONS, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
Approved By:

Dan Singer,
City Manager
Approved as to Form:
_____________________________________
Monica Castillo,
City Attorney
Attested By:

Julie Latshaw,
City Clerk
84 65283.00007\41794234.2
Exhibit A-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “A”

SCOPE OF SERVICES
[DUE TO PAGE VOLUME, THIS EXHIBIT IS INTENTIONALLY OMITTED FROM THE BOARD PACKET. A COPY OF THE EXHIBIT IS AVAILABLE AT THE CITY CLERK’S OFFICE]
85 65283.00007\41794234.2
Exhibit B-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “B”

WORK ORDER
City of Santa Paula 970 Ventura Street / P.O. Box 569, Santa Paula, CA 93061 / (805) 933-4212
MAINTENANCE WORK ORDER # XX
Issued under MAINTENANCE AGREEMENT FOR SERVICES, dated ___________________ Project Name: XXXXX
Project Number:

Contractor Name:

Vendor Number:

Contract Number:

Account Number: XXX-X-XXXX-XXX
Date Prepared:

Description of Services to be performed by Contractor under this Work Order:

The city of Santa Paula authorizes the Contractor (__________________) to ___________________________ . Please see attached proposal dated ________________ (exhibit A) Time for Completion:

The Contractor shall complete on _________________.

Cost Estimate:

Work Order No.XX will not exceed $____________ and will be expensed to XXX-5-XXXX-XXX.This project shall be completed on a time and materials basis in accordance with the Standard Maintenance Agreement for Services dated _______________.

CONSULTANT/CONTRACTOR
Contractor Date Date
Recommended/Approved By:

Clete Saunier, Date Dan Singer Date
Public Works Director City Manager
Christy Ramirez,
Finance Director
Date
86 65283.00007\41794234.2
Exhibit C-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “C”

COMPENSATION
87 88
89 90
65283.00007\41794234.2
Exhibit C-2 MAINTENANCE SERVICES AGREEMENT

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Santa Paula (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
91 65283.00007\41794234.2
Exhibit C-3 MAINTENANCE SERVICES AGREEMENT
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
92 65283.00007\41794234.2
Exhibit C-4 MAINTENANCE SERVICES AGREEMENT
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
93 65283.00007\41794234.2
Exhibit C-5 MAINTENANCE SERVICES AGREEMENT
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
94 65283.00007\41794234.2
Exhibit C-6 MAINTENANCE SERVICES AGREEMENT

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Santa Paula (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 95 65283.00007\41794234.2
Exhibit C-7 MAINTENANCE SERVICES AGREEMENT
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
96 65283.00007\41794234.2
Exhibit C-8 MAINTENANCE SERVICES AGREEMENT
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
97 65283.00007\41794234.2
Exhibit D-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “E”

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Contractor shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit.

1. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) Contractor shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Contractor's personnel for the purpose of interview and discussion related to the books and records. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. In compliance with the Disaster Recovery Act of 2018, the City and Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal review by the FEMA Administrator or the Comptroller General of the United States.

2. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)

2.1 Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this contract meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:

2.1.1 The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2.1.2 The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

2.1.3 The Contractor will not discharge or in any other manner discriminate 98 65283.00007\41794234.2
Exhibit D-2 MAINTENANCE SERVICES AGREEMENT
against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

2.1.4 The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

2.1.5 The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

2.1.6 The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

2.1.7 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

2.1.8 The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above 99 65283.00007\41794234.2
Exhibit D-3 MAINTENANCE SERVICES AGREEMENT
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

2.2 Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Contractor shall comply with the following:

2.2.1 Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.

2.2.2 Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.

2.3 Appendix II to Part 200 (H) – Debarment and Suspension. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply 100
65283.00007\41794234.2
Exhibit D-4 MAINTENANCE SERVICES AGREEMENT
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above.

Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this contract.

2.4 Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

2.5 Procurement of Recovered Materials. In the performance of this contract, Contractor shall make maximum use of products containing recovered materials that are EPAdesignated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

3. MISCELLANEOUS PROVISIONS

3.1 The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.

3.2 This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of this contract. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

3.3 Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

3.4 The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Contractor, any subcontractors or any other party pertaining to any matter resulting from the contract.

3.5 General and administrative expenses shall be negotiated and must conform to the Cost Principles in 2 C.F.R. Part 200. Profit shall be negotiated as a separate element of the cost.

To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. Any agreement, amendment or change order for 101
65283.00007\41794234.2
Exhibit D-5 MAINTENANCE SERVICES AGREEMENT
work performed on a time and materials basis shall include a ceiling price that Contractor exceeds at its own risk.
102
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: SB 1383 GRANT APPLICATION
Date: November 15, 2023
Agenda Item: 10.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Resolution 7492 authorizing the City Manager to submit applications and support documents on behalf of the City of Santa Paula for all eligible CalRecycle grants and programs.

BACKGROUND:

The City of Santa Paula has historically received State of California Department of Resources Recycling and Recovery (CalRecycle) funding through their grant and payment programs.

The State of California has directed CalRecycle to fund local agencies, including the City of Santa Paula, to assist them with implementing and meeting SB 1383 organic waste reduction requirements.

ANALYSIS:

In accordance with the requirement of the CalRecycle SB 1383 Local Assistance Grant Program, the City may apply for a maximum grant amount of $75,000 as established by CalRecycle.

In order to facilitate this and future grant applications to CalRecycle, the City Council is required to adopt an authorizing resolution for the City Manager or Designee to submit an application and supporting documents to CalRecycle. The adoption of Resolution 7492 meets this requirement. This authorization shall be effective for a period of five (5) years unless rescinded by the City Council or its designee, the City Manager.

STRATEGIC PLAN:

The approval of this agenda item does not directly address the strategic goals within the City's adopted Strategic Plan.

FISCAL IMPACTS:
103
Upon approval of Resolution 7492, staff will submit the City's application to CalRecycle. Upon receiving funding approval from CalRecycle, staff will return to Council with a budget allocation request for revenues and expenditures in the amount of the grant award up to a maximum amount of $75,000.

OPTIONS:

The Council has the following available alternative options to Staff’s recommendations:

1. Do not adopt Resolution 7492 authorizing the City Manager to submit application(s) and support documents for all CalRecycle grants for which the City of Santa Paula is eligible.

This action would disqualify the City of Santa Paula from receiving SB 1383 Local Assistance Grant funding.

ATTACHMENTS:

EXHIBIT A - Resolution No. 7492.pdf
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EXHIBIT A
RESOLUTION NO. 7492
105
RESOLUTION NO. 7492

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA

AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE

GRANTS FOR WHICH THE CITY OF SANTA PAULA IS ELIGIBLE
The City Council of the City of Santa Paula does resolve as follows:

SECTION 1: The City Council finds and declares as follows:

A. Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and B. In furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and C. CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

SECTION 2: The City Council of the City of Santa Paula hereby authorizes the City Manager of the City of Santa Paula, on behalf of the City of Santa Paula, to submit an application(s) to CalRecycle for all grants for which the City of Santa Paula is eligible; and
SECTION 3: The City Manager or designee is hereby authorized and empowered to execute in the name of the City of Santa Paula all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project; and SECTION 4: These authorizations are effective for five (5) years from the date of adoption of this resolution.

PASSED, APPROVED and ADOPTED by the City Council of the city of Santa Paula on this 15th day of November, 2023.

Andy Sobel, Mayor
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ATTEST:

Julie Latshaw, City Clerk
APPROVED AS TO FORM:

Monica Castillo, City Attorney
APPROVED AS TO CONTENT:

Dan Singer, City Manager
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To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: WASTEWATER COLLECTION SYSTEM CHLORIDE SOURCE

EVALUATION
Date: November 15, 2023
Agenda Item: 11.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Receive and file the Wastewater Collection System Chloride Source Evaluation; and

2. Authorize staff to proceed with one of the three options addressed in this report:
a. Option 1: Pause the AWTF bid process and continue the Chloride Study; b. Option 2: Conduct the AWTF bid process as currently designed and stop the Chloride Study; or
c. Option 3: Pause the AWTF bid process while concurrently conducting a Design Refinement Study and the Chloride Study.

Presented by:

Eileen Shields, PE, MKN & Associates
Clete J. Saunier, Public Works Director
BACKGROUND:

The Water Recycling Facility (WRF) was completed in 2010 and operates under a permit from the Los Angeles Regional Water Quality Control Board (LARWQCB) to discharge treated wastewater. The permit was amended in May 2022 (Waste Discharge Requirements R4- 2018-0022-A1). The permit requires that chloride concentration in the effluent discharge be less than 110 milligrams per liter (mg/L) to meet a groundwater quality objective of 110 mg/L.

Historically, the discharge exceeded this limit and the City received a Cease and Desist Order (CDO) for the WRF in February 2018 (CDO R4-2018-0023-A1, amended in May 2022) requiring the discharge be brought into compliance. The CDO allows ten years for the City to achieve full compliance with the effluent chloride limit by February 8, 2028.

Over the last few years, chloride concentrations at the WRF had been dropping near, and in some cases below, the 110 mg/L concentration requirement. Figure 1 (attached) presents a chart showing approximately 10 years of chloride concentrations in the WRF treated effluent between January 2012 and September 2022. A best-fit linear trendline with R2 correlation and the chloride limit are plotted on the graph. As shown, the trendline indicates effluent chloride 108
concentrations consistently decreased between 2012 and 2020. Since 2020, some monthly averages have been below the permit limit. However, monthly average chlorides were above 110 mg/L for the last three months in 2022. More recent data for 2023 is discussed in the next section.

The City has been preparing to construct the Advanced Water Treatment Facility (AWTF) to meet chloride limits at an anticipated capital cost of over $20 Million and an anticipated operating and maintenance cost of over $1 Million per year. It is important to understand whether the long-term trend of decreasing chloride concentrations in WRF effluent is likely to continue or if future concentrations cannot predictably stay below the effluent limit. This trend could affect the need, or at a minimum, the design criteria for the AWTF.

In November 2022, City staff presented the Wastewater System Collection System Chloride Source Evaluation Technical Memorandum (TM). The TM summarized a study conducted by the City, Ventura Regional Sanitation District (VRSD), and MKN. The objective of the study was to evaluate concentrations of chloride contributed by different areas of Santa Paula’s wastewater collection system in an attempt to identify potential sources, consider potential source control measures, and estimate whether the downward trend in chloride concentration is likely to continue. While the sampling program could not confirm the cause of reduction in chloride levels, it indicated wastewater collection system discharges will drive WRF effluent chloride concentrations. Collection system samples were routinely above 100 mg/L and some were above 110 mg/L, the current WRF chloride limit. City Council directed staff to request an extension to the interim milestones of the CDO from LARWQCB staff to continue studying the collection system chloride levels and evaluate the potential for the WRF to meet the chloride limits without the AWTF Project. LARWQCB staff did not approve this request but did state that penalties for missing interim milestones was discretionary.

At the February 15, 2023 City Council meeting, City Council received an update on the wastewater chloride source study, considered options moving forward, and directed staff to develop a Chloride Source Identification Study to determine if high chloride dischargers could be identified and explore chloride reduction strategies with an estimated cost of $130,000 - $200,000. At the May 2, 2023 meeting, City Council received a report presenting the proposed scope of work for the Chloride Source Identification Study, and authorized the City Manager to reallocate budget within existing contracts with MKN and LWA and execute a purchase order with VRSD to develop the Study. The Study included the following:

Review existing information and develop initial load estimates Develop Monitoring Plan
Inventory commercial and industrial users
Perform chloride and flow monitoring
Quantify chlorides sources
Identify chloride control strategies
Prepare report to summarize all work described above
The total budget was $130,873 and the schedule anticipated approximately nine months for completion. This Staff Report summarizes the results of this Study.

ANALYSIS:

Chloride Study Summary
109
The draft Santa Paula Chloride Source Evaluation was issued by Larry Walker Associates (LWA) on November 3, 2023 (attached as Exhibit A). As described above, an initial effort to identify influent sources of chloride to the Santa Paula Water Reclamation Facility (WRF) was conducted between April and September 2022. Chloride concentration was measured at 18 sites in the collection system. The results were used in February 2023 to calculate an initial mass balance, which indicated that potential chloride sources within Santa Paula likely included self-regenerating water softeners, the water supply, normal residential water use, and commercial sources.

The next step for source identification was to sample chloride concentration and measure flow at strategic locations throughout the City. Nine sites were identified based on their locations downstream of potential chloride sources, including older and newer residential areas, industrial areas, commercial areas, and the Santa Paula airport (reference Figure 2 attached).

At each site, chloride concentration, specific conductance, and total dissolved solid concentrations were sampled on June 23, June 26, and June 28, 2023. Flow was also measured at the sampling sites from June 22 through July 4, 2023.

A mass balance organized by geographic location was created using the sampling results. The major chloride contributors identified were:

Central Santa Paula on W Harvard Blvd, downstream of a medical facility and commercial and residential areas (Site 19, 55% of the influent load), Western Santa Paula, downstream of industrial and residential areas (west of Peck Road, 26%), and
Downstream of central Santa Paula on Acacia Road, downstream of residential areas and some industry (Site 7, 10%).

The other sites contribute less than 4% of the influent chloride load each. Possible contributing sources within the identified areas include domestic wastewater, and commercial wastewater.

The Study did identify focus areas for future chloride control strategies. To identify entities that could reduce chloride discharges, the City’s chloride source investigation would benefit from another round of sampling focusing on the areas identified in this sampling effort. Based on the results, significant chloride sources appear to be upstream of Site 19, within western Santa Paula, or upstream of Site 7.

The Chloride Study recommends additional sampling at five sites: four within the tributary to Site 19 and one in western Santa Paula. The sites were selected based on both the areas of highest chloride loads found during the last round of sampling, and the business inventory, which looked at high water users and entities that may contribute chloride loads based on business/industry type. It is recommended that sampling at these five locations includes 24- hour composite chloride samples and flow measurements. Results from additional sampling would be used to confirm whether chloride sources can be addressed through source control efforts and identify places where these efforts should be focused.

WRF Effluent Chlorides Update – Observed Trend Since February 2023 Update As previously reported, the WRF effluent chloride concentrations have generally trended downward over the last fourteen years. Figure 3 (attached) shows the average monthly effluent chloride concentrations from January 2012 through September 2023. Chlorides are 110
measured in the WRF effluent once per week. The limit of 110 mg/L is based on the 30-day average. Between July 2021 and September 2022, the WRF average monthly effluent chloride concentration was at or below the effluent limit of 110 mg/L for all months except one. In September 2021, it was 111 mg/L. Since October 2022, however, the effluent chloride concentration has been above 110 mg/L and ranged between 112.5 and 122 mg/L, with an average of 118 mg/L for the twelve months (Oct 2022 – Sept 2023).

Exhibit B contains charts of the same data shown in Figure 3, historical WRF average monthly effluent chloride concentrations, with added annotations for select events related to the Project. Note that due to time required for laboratory analyses and reporting, the chloride concentration data available lags behind the decisions and events noted by at least two months.

Clean Water State Revolving Fund Loan Status
The City completed an application for a low-interest loan from the Clean Water State Revolving Fund (CWSRF) in December 2020. In May 2023, the City received a draft of the financing agreement from the State. While considering undertaking the chloride study, the City confirmed that the financing agreement could be executed, while simultaneously studying chloride sources in the collection system. It was confirmed that no interest would accrue until expense reimbursement requests are submitted and fulfilled. Additionally, the loan can be used for a modified or reduced AWTF Project if the overall project scope remains consistent.

At the September 6, 2023 meeting, the City Council, sitting as the Board of Directors of the Santa Paula Utility Authority, approved a resolution authorizing execution of the financing agreement for the final development and construction of the AWTF. The agreement was fully executed on October 16, 2023.

Cease-and-Desist Order Status
At the February 15, 2023 meeting, City Council approved development of the chloride study.

At that meeting, staff reported the status of the CDO and noted the anticipated schedule impacts of the study. Investigating the potential to control chlorides in the collection system was recommended, though it would result in missed interim milestones. If chloride sources could be identified and reduced before reaching the WRF, it could result in a smaller AWTF or even negate the need for the Project, representing substantial savings to the City.

Table 1 summarizes the status of the CDO remedial action milestones. The City successfully completed the required remedial actions on time except bidding the AWTF, due within three months of the final funding agreement, by March 30, 2023, and selecting and awarding a contractor due by June 30, 2023.

Table 1. Summary of Santa Paula WRF CDO Remedial Actions, Dates, and Status Action CDO Milestone Date Status
Report: Effectiveness of SRWS Buyback
Program
5/1/2018 Complete
Report: Groundwater Chloride Investigation
and Well Protection Workplan
8/1/2018 Complete
Report: Final Design Report for AAWTF 3/15/22 Complete
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Complete regulatory requirements, including
CEQA
10/15/22 Complete
Bid AWTF: Complete & release Bid Package
w/in 3 mo. of Final
Funding Agreement, by
3/30/23
pending
Select & Award Contract for construction of
AWTF
6/30/23 pending
Complete AWTF Construction
w/in 24 mo of Final
Funding Agreement, by
12/30/24
pending
Full compliance with chloride limit ASAP by 2/8/28 pending Table 2 summarizes the CDO interim effluent limits. The City has met each interim effluent limit to date and has been below the current effluent limit, 1,983 pounds per day (lbs/day) since May 2020.

Table 2. Summary of Santa Paula WRF CDO Interim Chloride Effluent Limits, Dates, and Status Effluent Limit (Monthly
Average)
Equivalent
Concentration
(mg/L)1
Deadline Status
2,479 lbs/day 148 Feb 8, 2018 Complete
2,231 lbs/day 134 Feb 8, 2020 Complete
1,983 lbs/day 118 Feb 8, 2021 Complete
1,983 lbs/day 118 July 1, 2022 Complete
110 mg/L NA Mar 30, 2025 Pending
110 mg/L NA Feb 8, 2027 Pending
Notes:1Equivalent concentration for mass effluent limit based on an average day flow of 2.0 million gallons per day (MGD).

The next step for compliance with the CDO will be to prepare and submit a letter to the LARWQCB regarding progress with the funding agreement, the chloride study, and the City’s next steps.

Options for Next Steps:

At this time, the following are the main options for City Council’s consideration:

Option 1: Pause the AWTF bid process and continue the Chloride Study : Perform additional sampling as recommended in the attached draft Chloride Source Identification Study. The next portion of the Study is anticipated to take six to eight months, depending on sampling and field coordination and laboratory turn-around. The cost is estimated at $40,000 – 50,000, and all but approximately $15,000 can be reallocated from existing contracted services with LWA and MKN. The $15,000 would cover the field work, sampling, and laboratory analyses required.

This option assumes the AWTF Project bidding would remain on hold.

The advantage is the potential to save money preparing bidding documents and moving 112
forward with the AWTF Project. The Chloride Study would continue and there is a possibility that one or more controllable chloride source will be identified and the City will determine that the AWTF Project can be smaller or not needed. There is not enough information at this time to determine how likely this may be.

The disadvantage is the additional time lost in making progress on the AWTF. A controllable source or sources of chlorides within the collection system may not be found. Additional chloride sources could be added or chloride concentrations in the source water could increase in the future. Specific causes of the recent increase in chlorides have not been confirmed at this time. The City is under a Cease and Desist Order from the LARWQCB to comply with the chloride limit at the WRF by February 8, 2028. Additionally, interim milestones associated with bidding and awarding the Project have already been missed. This option adds a minimum of six to eight months to the schedule.

Option 2: Conduct the AWTF bid process as currently designed and stop the Chloride Study Advance the 95% AWTF Project design to final design and prepare construction documents for release to the prequalified contractors. This option assumes the Chloride Source Identification Study would end. It is estimated that the Project bidding documents could be finalized in approximately three to four months. Work includes integrating the final requirements from the State per the Clean Water State Revolving Fund Loan, obtaining final review and approval from City Building Department. Bids could be advertised as soon as March 2024. The cost to advance from 95% to final construction documents, bid phase services, and construction phase services has already been contracted with MKN.

The advantage to this option is there is no added delay in progressing the AWTF. Assuming approximately five months to bid and award a contract, and eighteen months for construction and startup, the AWTF could be operational by February 2026.

The disadvantage is the potential that the AWTF is overdesigned, since the design criteria was selected in April/May 2020 (3.5 years ago), based on the historical water quality available at the time, potentially resulting in a higher construction cost and higher operational costs.

Additionally, primarily due to the delay for completing the financing agreement, a significant amount of time has passed since the process design was prepared and there may be advances in treatment technologies or alternative designs that are worth considering. The general reductions in chlorides could allow for different solutions that were previously ruled out.

Option 3: Pause the AWTF bid process while concurrently conducting a Design Refinement Study and the Chloride Study (recommended): This option would move the AWTF Project forward, with an initial study of the design criteria and re-examination of alternatives. The study would consist of an analysis of the costs, benefits, and risks of reducing the design criteria for the AWTF based on more recent data and compare this option to moving forward with the existing design. The study would also include a review of current treatment technologies and/or chloride reduction solutions. The study is anticipated to take approximately four months and cost $25,000 – 30,000. The draft report would be presented to City Council in March or April 2024. The report would include options and recommendations for City Council consideration.

The chloride study would continue concurrent to the Design Refinement Study, with the next phase of sampling as recommended in the attached draft Chloride Study report and 113
summarized above. This work could potentially help inform a revised design and/or result in reduced future AWTF operational costs.

The main advantage of this option is making full use of the information currently available – both the additional years of WRF water quality data and current options in advanced treatment technologies – to evaluate the best fit for the City. There may be cost savings to be realized in optimizing the design.

The disadvantage is the additional time and cost for the Study. The Study will add a minimum of four months to the project schedule. If revisions to the design are desired, it could add an additional seven to ten months, depending on the results of the Study and extent of changes to the AWTF Project. Assuming the longer anticipated schedule, bidding would occur in April/May 2025 and the AWTF would be operational in November 2026, fifteen months ahead of the CDO final chloride compliance requirement.

STRATEGIC PLAN:

This action supports City Council’s goal of developing options for lowering water/sewer bills for low and fixed-income residents under Section F. Community Vitality, of the two-year Strategic Plan by exploring the potential to reduce future WRF capital and operating costs for all residents.

FISCAL IMPACTS:

Option 1: If Option 1 is pursued, capital and operating costs for the AWTF could be eliminated if chloride sources can be identified and controlled such that WRF chloride concentrations stay below effluent limits, or reduced if a smaller AWTF project is needed. However, the potential to identify and control chloride sources is unknown. The cost range for Option 1, assuming the AWTF Project can be discontinued, is estimated to be approximately $40,000 – 50,000 for the Study and monitoring/lab costs.

Option 2: No fiscal impact would result from pursuing Option 2 at this time since the City has budgeted to construct the AWTF.

Option 3: If Option 3 is pursued, the AWTF Design Refinement Study and continued Chloride Study is estimated to add $65,000 – 80,000. If it is determined that a smaller AWTF Project is needed, costs are anticipated to range from $830,000 to $1.3M including the Design Refinement Study, Chloride Study, and redesign. Potential cost savings from reduced capital and operating costs are unknown. However, the current AWTF operating costs are estimated to be $1.2M. If the AWTF project can be reduced by even 25%, the annual operating costs could be reduced by a similar rate, resulting in a payback of 3 to 4 years.

OPTIONS:

The Council has the following available alternative options aside from staff's recommended options:

1. Do not authorize the City Manager to take the actions recommended above. This may result in fines from LARWQCB for not meeting chloride reduction milestones. It will also delay construction of the AWTF further, resulting in higher cost escalation. 114
ATTACHMENTS:

Figures 1-3.pdf
Exhibit A - Santa Paula Chloride Source Evaluation Report.pdf Exhibit B - Santa Paula WRF Effluent Chlorides.pdf
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FIGURES 1 - 3
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Figure 1: Santa Paula WRF Effluent Chloride Concentrations (Jan 2012 – Dec 2022) Figure 2. June - July 2023 Sampling Location Tributaries and Flow Directions 117
Figure 3. Historical Santa Paula Water Recycling Facility Average Monthly Effluent Chloride Concentrations (Jan 2012 – September 2023)
0 20
40 60
80 100
120
140
160
180
0 12 24 36 48 60 72 84 96 108 120 132 144
Chloride Concentration (mg/L)
Months from January 2012
118

EXHIBIT A
Santa Paula Chloride Source Evaluation
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CITY OF SANTA PAULA November 2023 | 1

SPATIAL CHLORIDE SOURCE EVALUATION
Santa Paula Chloride
Source Evaluation
DATE:

BETSY ELZUFON

CHLOE CELNIKER
2246 Sixth Street
Berkeley, CA 94710
510.883.9873
[email protected]
[email protected]
November 3, 2023
TO: Clete Saunier, City of Santa Paula
COPY TO:

Eileen Shields, MKN
Richard Jones, VRSD
Pete Chartier, VRSD
SUBJECT: Evaluating potential sources of chloride

EXECUTIVE SUMMARY
An initial effort to identify influent sources of chloride to the Santa Paula Water Reclamation Facility (WRF) was conducted between April-September 2022. Chloride concentration was measured at 18 sites in the collection system. The results were used in February 2023 to calculate an initial mass balance, which indicated that potential chloride sources within Santa Paula might be self-regenerating water softeners, the water supply, normal residential water use, and commercial sources.

The next step for the source identification was to sample chloride concentration and measure flow at strategic locations throughout the City. Nine sites were identified based on their locations downstream of potential chloride sources, including older and newer residential areas, industrial areas, commercial areas, and the Santa Paula airport.

At each site, chloride concentration, specific conductance, and total dissolved solids were sampled on June 23, June 26, and June 28, 2023. Flow was also measured at the sampling sites from June 22–July 4, 2023.

A mass balance organized by geographic location was created using the sampling results. The major chloride contributors identified were:
• Central Santa Paula on W Harvard Blvd: downstream of a medical facility and commercial and residential areas (Site 19, 55% of the influent load), 120
CITY OF SANTA PAULA November 2023 | 2

SPATIAL CHLORIDE SOURCE EVALUATION
• Western Santa Paula: downstream of industrial and residential areas (west of Peck Road, 26%), and
• Downstream of central Santa Paula on Acacia Road: downstream of residential areas and some industry (Site 7, 10%).

The other sites contribute less than 4% of the influent chloride load each. Possible contributing sources within the identified areas include residential water use, commercial water use, and the water supply.

To better characterize these potentially significant sources, this evaluation would benefit from another round of sampling at medical facilities, a warehouse, a laundromat, and a shopping mall.

INTRODUCTION
This technical memorandum (TM) report is provided to the City of Santa Paula (City) to summarize the June-July 2023 chloride sampling and source investigation in an effort to identify approaches to reducing chloride discharges to the sanitary sewer and comply with the requirements of the Cease and Desist Order (CDO R4-2018-0023-A1, amended in May 2022) to the Santa Paula Water Recycling Facility (WRF).

BACKGROUND
The City has taken multiple steps to identify potential chloride sources. Between AprilSeptember 2022, chloride concentration was sampled at 18 sites throughout the City1. The results from this sampling effort, plus estimates of sewer flow by land use type2, allowed for a high-level, preliminary mass balance to be created in February 20233. The purpose of this initial mass balance was to identify controllable chloride sources within Santa Paula. The February 2023 mass balance results suggested that the potentially highest chloride contributors were:
• Self-regenerating water softeners (SRWS, 40% of the WRF influent chloride load). This was based on the assumption that there were 950 SRWS in Santa Paula4, the water supply hardness was 545 mg/L5, and the average regenerative efficiency of SRWS was 3,300 grains of hardness per pound of NaCl.
• The water supply (38%). It was assumed the water supply chloride concentration was 48 mg/L5.
1 Santa Paula Wastewater System Chloride Source Evaluation. MKN, November 3, 2022. 2 Land use types researched included residential (normal use and self-regenerating water softeners), commercial, and industrial land uses, plus chloride concentrations from supply water. 3 Santa Paula Chloride Source Evaluation. LWA, February 16, 2023. 4 Number of SRWS based on previous estimates of SRWS in the City after implementation of the Buyback Program (2015-2018) 5 Average from the 2018-2021 City of Santa Paula Consumer Confidence Reports. 121
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SPATIAL CHLORIDE SOURCE EVALUATION
• Normal residential use (18%, does not include the load from SRWS). It was assumed that residential water use was 55 gal/person6 and the Santa Paula population was 30,3897. • Commercial sources (11%). Commercial chloride concentrations were sampled at two locations and the commercial flow was assumed to be the difference between the influent WRF flow and flow from industrial and residential sources.

Based on these results, it was recommended that a more quantitative monitoring effort be conducted. This effort would include measuring both flow and chloride concentration at strategic locations throughout the City as described below.

JUNE-JULY 2023 SAMPLING

SITE IDENTIFICATION
Identification of strategic locations to further investigate specific chloride sources throughout the City was based on the February 2023 mass balance evaluation. Sources that were identified for further investigation included the airport, older residential areas, newer residential areas to compare to older residential, and commercial areas. Nine sites were identified based on their locations downstream of potential chloride sources (see Figure 1). Potential chloride sources by sampling location are summarized in Table 1.
6 https://water.ca.gov/News/News-Releases/2021/Nov-21/State-Agencies-Recommend-Indoor-Residential-WaterUse-Standard 7 2020 Urban Water Management Plan. MKN, July 2021. 122
CITY OF SANTA PAULA November 2023 | 4

SPATIAL CHLORIDE SOURCE EVALUATION
Figure 1. Map of June-July 2023 Sampling Locations in Santa Paula 6 7
19 17 18 20 13
21 WRF
Flow direction
Airport
New
Residential
Older
Residential
Western
Santa Paula
Central Santa Paula
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SPATIAL CHLORIDE SOURCE EVALUATION
Table 1. June-July 2023 Sampling Location Land Uses
Sampling
Site Land Use Types Reason for Choosing this Location
6 Newer residential
Downstream of newer residential. The difference in chloride load between newer and older residential may be associated with SRWS use.
7 Residential,
commercial,
industrial
Downstream of one industrial site, a packinghouse, and older residential.
13 Industrial,
commercial
Downstream of industrial area. This site is the Lemonwood Lift Station.
17 Industrial Downstream of the airport.
18 Industrial,
commercial
Upstream of the airport. The chloride load difference between Site 18 and 17 could be directly associated with the airport and confirm whether the airport is a significant source.
19 Commercial,
residential
Directly downstream of a large shopping center, generally downstream from residential and commercial areas making up most of the City. Generally downstream from a medical facility. 20 Commercial,
residential Downstream of residential and commercial areas. 21 Older residential Downstream of older residential areas.

WRF Influent and effluent chloride concentrations were sampled three times.

SAMPLING EFFORTS
At each site, chloride concentration, specific conductance, and total dissolved solids were sampled on June 23, June 26, and June 28, 2023. Additionally, electrical conductivity was field tested. Samplers were set up to capture 24-hour composite samples at each site for each sampling day. However, due to low sewer flows, grab samples had to be used instead in some cases8.
8 Grab samples were used instead of 24-hour composite samples on June 23 at Sites 6, 17, 19, 20, and 21; on June 26 at Sites 6, 7, and 17; and on June 28 at Sites 6, 7, 13, and 19. 124
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SPATIAL CHLORIDE SOURCE EVALUATION
Flow was measured at the sampling sites with flow meters from June 22–July 4, 2023 (13 full days9). Measurements were taken at 5-minute intervals for Sites 6, 19, 20, and 21. Flow was measured at 15-minute intervals at Sites 7 and 18. Flow was measured at 5-minute intervals from June 22–27 and 15-minute intervals from June 28–July 3 for Site 17. Total daily flow was measured at the Lemonwood Lift Station for Site 13.

The sampling results are summarized in Table 2. The average daily flow was consistent by site between the sampling days, with Sites 21, 13 and 6 having the smallest flows.

Sites 7 and 19 consistently had the highest daily flows. Sites 7 and 19 also had high chloride concentrations compared to the other sites. Site 19 feeds into Site 7, so it’s possible that Site 19 is responsible for the high chloride and flow measured at Site 7.

Chloride concentrations were elevated at Sites 13 and 18 on June 26. Similarly, Site 13 feeds into Site 18 and may be solely responsible for the elevated chloride. Chloride concentrations were also high at Site 21 on June 28. However, Site 21 had the lowest chloride concentrations of the samples taken on June 23 and June 26.

Variations in the chloride concentration samples by sampling site and date may be due to the combination of grab and composite samples taken. Grab samples were taken under low flow conditions. Grab samples represent the chloride concentration over a short time period while composite samples represent the chloride concentration averaged over a 24-hour period.

Therefore, a composite sample will provide a better estimate of total chloride loads. However, grab samples will still provide useful estimates.

Table 2. Sampling Results
Site Sample
Type1
Chloride
Concentration
(mg/L)
Total Dissolved
Solids (TFR,
mg/L)
Average
Daily Flow
(MGD)
June 23, 2023
6 G 106 1,220 0.05
7 C 193 1,450 1.11
13 C 142 1,360 0.02
17 G 116 1,200 0.24
18 C 116 1,200 0.20
19 G 271 1,420 0.86
20 G 119 1,240 0.09
21 G 103 1,190 0.01
WRF Influent2 C 150 1,390 ---
WRF Effluent C 117 1,240 ---
9 Flow samples for Site 6 stop in the middle of July 4, 2023, giving that site 12 full days of measurements. 125
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SPATIAL CHLORIDE SOURCE EVALUATION
Site Sample
Type1
Chloride
Concentration
(mg/L)
Total Dissolved
Solids (TFR,
mg/L)
Average
Daily Flow
(MGD)
June 26, 2023
6 G 126 1,280 0.05
7 G 149 1,350 1.08
13 C 150 1,600 0.02
17 G 138 1,220 0.23
18 C 161 1,340 0.20
19 C 168 1,320 0.87
20 C 122 1,250 0.09
21 C 97 1,220 0.02
WRF Influent2 C 171 1,330 ---
WRF Effluent C 131 1,250 ---
June 28, 2023
6 G 143 1,390 0.05
7 G 207 1,460 1.09
13 G 124 1,380 0.02
17 C 104 1,250 0.25
18 C 98 1,240 0.21
19 G 158 1,300 0.84
20 C 140 1,320 0.07
21 C 261 1,520 0.01
WRF Influent2 C 143 1,340 ---
WRF Effluent C 115 1,260 ---
1 Composite (C) or Grab (G).
2 Though the WRF Influent and Effluent samples were taken on the same day, due to residence time in the system, different flows are associated with the influent and effluent samples. There is no treatment currently at the WRF that is designed to remove chlorides. 126
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SPATIAL CHLORIDE SOURCE EVALUATION

SOURCE IDENTIFICATION

MASS BALANCE
A mass balance was created using the sampling results from the June-July 2023 sampling effort.

This mass balance was designed to identify potential chloride sources by geographic location within Santa Paula10.

The WRF provided monthly influent and effluent flow and chloride concentration measurements from January 2012 – May 2023. For the purposes of this mass balance, the 5- year influent average flow and chloride concentrations from June 2018 – May 2023 were used to reflect current WRF conditions. Chloride concentrations and flow measurements from the sampling sites were averaged over the three sampling days11.

To determine the load contribution from each area monitored, the average chloride concentration from the samples collected was multiplied by the average flow measured for that site. Since many of the sampling locations are downstream of other sampling locations, the mass balance was calculated to only show the chloride contribution from each individual site (chloride contributions from upstream sites are removed from the load value for downstream sites). These estimated loads were compared to total influent load to estimate the percent chloride from each area.

Figure 2 shows the flow directions between each sampling site. 10 The last mass balance identified potential sources by land use type and did not use measured flow values. 11 June 23, 26, and 28, 2023. 127
CITY OF SANTA PAULA November 2023 | 9

SPATIAL CHLORIDE SOURCE EVALUATION
Figure 2. Sampling Location Flow Directions

RESULTS
The results of the mass balance are shown in Table 3.

Table 3. Mass Balance by Geographic Sampling Location
Sampling Site
Avg1 Chloride
Concentration
(mg/L)
Avg
Flow
(MGD)
Chloride Load
Contribution2
(lb/day)
Chloride Load
Contribution
(% of Influent Load)
6 125.0 0.05 53 2.1%
7 183.0 1.09 244 9.5%
13 138.7 0.02 23 0.9%
17 119.3 0.24 28 1.1%
18 125.0 0.20 37 1.4%
19 199.0 0.86 1,414 54.8%
20 127.0 0.08 86 3.3%
21 153.7 0.01 19 0.7%
Total Sum 1,905 73.8%
5-Year Average WRF Influent 126.5 2.45 2,580 100%
1 The average chloride concentration is a combination of grab and composite samples for Sites 7, 13, 17, 19, 20, and 21. The averages may be affected by using both grab and composite samples. However, the purpose of the average chloride concentration is to provide a general estimate of the chloride load at each site. Future sampling efforts should use only composite samples. 2 Contribution by each individual site. Does not include chloride load contributions from upstream sites.

Load Contribution from Site 6 = Load measured at Site 6 Load Contribution from Site 7 = (Load measured at Site 7) – (Load measured at Site 19) Load Contribution from Site 13 = Load measured at Site 13 Load Contribution from Site 17 = (Load measured at Site 17) – (Load measured at Site 18) Load Contribution from Site 18 = (Load measured at Site 18) – (Load measured at Site 20) – (Load measured at Site 13) – (Load measured at Site 6) – ½*(Load measured at Site 21) 12
Load Contribution from Site 19 = (Load measured at Site 19) – ½*(Load measured at Site 21) Load Contribution from Site 20 = (Load measured at Site 20) Load Contribution from Site 21 = Load measured at Site 21 The chloride load contributions from the sampling sites were added together to show the total sum. Ideally, the total sum and WRF influent would be equal and would represent all the 12 The flow from Site 21 is split between Sites 19 and 18. The flow split may not be 50:50 between the two sites. 128
CITY OF SANTA PAULA November 2023 | 10

SPATIAL CHLORIDE SOURCE EVALUATION
chloride loads in Santa Paula. However, western Santa Paula (west of Peck Road) was upstream from the WRF and not sampled. The load estimate for western Santa Paula was estimated as the difference in chloride load between the WRF influent and the sampling sites total sum. This estimate is shown in Table 4.

Table 4. Load Contribution Calculation for Western Santa Paula Sampling Site
Chloride Load
Contribution1
(lb/day)
Chloride Load
Contribution
(% of Influent Load)
WRF Influent 2,580 100%
Total Sum 1,905 73.8%
Difference
Western Santa Paula (west of Peck Road) 675 26.2%

MAJOR SOURCE CONTRIBUTORS
This mass balance indicates that major chloride contributors are most likely located in central Santa Paula on W Harvard Blvd (Site 19, 54.8% of the influent load), western Santa Paula (26.2%), and downstream of central Santa Paula (Site 7, 9.5%). The other sites contribute less than 4% of the influent chloride load each (see Figure 3).

Site 21; 1%
Site 13; 1%
Site 17; 1%
Site 18; 1%
Site 6; 2%
Site 20; 3%
Site 7; 10%
Western Santa
Paula; 26%
Site 19; 55%
Site 21 Site 13 Site 17
Site 18 Site 6 Site 20
Site 7 Western Santa Paula Site 19
129
CITY OF SANTA PAULA November 2023 | 11

SPATIAL CHLORIDE SOURCE EVALUATION
Figure 3. Chloride Load Contribution by Site
Based on review of businesses in the area and common chloride sources, possible contributing sources in central Santa Paula (upstream of Site 19) include:
• Residential water use13
• A medical facility13
• Commercial water use
• Two water purification stores
• Multiple manufacturing and construction businesses
• Multiple medical offices and clinics
• Five laundromats and dry cleaners.

Possible contributing sources in western Santa Paula include:
• A mobile home park13
• An industrial facility13
• One water purification store
• Multiple industry warehouses
• Residential water use
13 The top 25 water users between January 2020-April 2023 were identified. This is a top water user. 130
CITY OF SANTA PAULA November 2023 | 12

SPATIAL CHLORIDE SOURCE EVALUATION
Possible contributing sources to Site 7 include:
• Older residential water use
• An industrial facility
• A packinghouse.

Sites 7 and 19 had the highest chloride concentrations and flow measurements and are estimated to be major chloride contributors with Site 19 having the largest chloride load contribution and Site 7 the third highest.

The February 2023 mass balance suggested that the major sources might be SRWS, the water supply, residential water use, and commercial use. It was assumed that SRWS were used in older residential neighborhoods, (i.e., Site 21). However, Site 21 made up less than 1% of the influent load. Previous efforts to prohibit and remove SRWS appear to have been effective, resulting in SRWS contributing less chloride than in previous evaluations.

Water supply is considered a major chloride source based on chloride concentration in water supply averaging 48 mg/L, compared to influent chloride concentration of 126 mg/L. It would be expected that sites with the largest flows would also have larger chloride loads, as seen at Site 19.

The locations of Sites 21 and 6 were chosen because they were downstream from older and newer residential areas, respectively. Neither of these sites appear to be major chloride contributors. However, residential areas may still be significant chloride sources. Sites 7 and 19 and western Santa Paula all contain significant residential neighborhoods. 131
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SPATIAL CHLORIDE SOURCE EVALUATION
Commercial water use may also still be a significant source of chloride, as Site 19 and western Santa Paula are both downstream of commercial businesses.

The Santa Paula airport was thought to be a potential chloride source, so Sites 17 and 18 were sampled because they are downstream and upstream of the airport. The reasoning was that the chloride load difference between the two sites would be only from the airport. However, this difference was only 28 lb/day (1.1% of the influent load). The airport is no longer considered a potential chloride source.

A potential major contributor that has not been directly measured is a large medical facility.

The facility is the ninth largest water user between January 2020-April 2023, and medical operating practices (e.g., sanitation and disinfection) may add chloride to the water. Site 19 is downstream of the medical facility, and has the largest chloride load. It should be noted that Site 19 is distanced from the facility, so elevated chloride loads may come from other sources.

SUMMARY AND NEXT STEPS
In summary, the areas that are most likely to include potentially controllable chloride sources include
• Central Santa Paula on W Harvard Blvd: downstream of a medical facility and commercial and residential areas (Site 19, 55% of the influent load), • Western Santa Paula: downstream of industrial and residential areas (west of Peck Road, 26%), and
• Downstream of central Santa Paula on Acacia Road: downstream of residential areas and some industry (Site 7, 10%).

It appears that the airport and SRWS are not significant chloride sources.

In order to identify specific businesses and other entities that are potentially controllable chloride sources, the City’s chloride source investigation would benefit from another round of sampling focusing on the areas identified in this sampling effort. Based on the results, significant chloride sources appear to be upstream of Site 19, within western Santa Paula, or upstream of Site 7. Suggested next sampling locations, as shown in the map below, are directly downstream of:
1) A medical facility in northern Santa Paula. The flow from this facility was indirectly measured at Site 19, but no direct measurements have been taken yet. 2) A medical facility in central Santa Paula. The flow from this facility was indirectly measured at Site 19, but no direct measurements have been taken yet. 3) An industrial warehouse in western Santa Paula. The flow from this location has not been measured yet.
4) A coin laundromat. The flow from six laundromats were indirectly measured at Site 19, but no direct measurements have been taken yet.
5) A shopping mall with both a veterinary clinic and a purified water business in western Santa Paula. The flow from this location has not been measured yet. 132
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SPATIAL CHLORIDE SOURCE EVALUATION
It is recommended that sampling at these five locations includes 24-hour composite chloride samples and flow measurements. Issues with potentially low flows as was seen at some locations during this sampling effort will be addressed through identification of appropriate sites where composite samples can be reliably collected. Results from additional sampling would be used to confirm whether chloride sources can be addressed through source control efforts and identify places where these efforts should be focused. 133

EXHIBIT B
Santa Paula WRF Effluent Chlorides
134
B1. Santa Paula WRF Effluent Chlorides since 2012
Sept 2023: SRF loan
agreement approved
0 20
40 60
80 100
120
140
160
180
0 12 24 36 48 60 72 84 96 108 120 132 144
Chloride Concentration (mg/L)
Months from January 2012
AWTF Influent Design
Criteria = 133 mg/L
Feb 2018: CDO
Mar 2020: City moves
to develop AWTF
Water softener buyback program active
Apr 2018:

RWMP Update
under contract
Feb 2019:

Draft RWMPU
complete
May 2023: City authorizes Cl Source
Identification Study
April/May 2020: AWTF criteria selected
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 135
B2. Santa Paula WRF Effluent Chlorides since 2017
0 20
40 60
80 100
120
140
160
180
60 72 84 96 108 120 132 144
Chloride Concentration (mg/L)
Months from January 2012
AWTF Influent Design
Criteria = 133 mg/L
Feb 2018: CDO
Mar 2020: City moves
to develop AWTF
Apr 2018:

RWMP Update
under contract
Water softener buyback program active
Feb 2019:

Draft RWMPU
complete
May 2023: City authorizes Cl Source
Control Study
April/May 2020: AWTF criteria selected Sept 2023: SRF loan agreement approved
2017 2018 2019 2020 2021 2022 2023 2024
Note: Exhibit B2 displays some of the same information as Exhibit B1, but a shorter time frame (2017 to Sept 2023). 136 To: Honorable Mayor and Members of the City Council
From: Donald Aguilar, Interim Police Chief
Subject: EXPENDITURE PLAN FOR THE FY 23/24 SUPPLEMENTAL LAW

ENFORCEMENT SERVICES ACCOUNT
Date: November 15, 2023
Agenda Item: 11.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council approve the recommended Expenditure Plan appropriating the Supplemental Law Enforcement Services Account (SLESA) funds for the FY 2023-2024 allocation and authorize the City Manager to execute any documents necessary to accept the funding.

BACKGROUND:

A Supplemental Law Enforcement Services Account (SLESA) has been established in each county of the state for the purpose of overseeing and allocating funding being provided by the State of California's Citizens Options for Public Safety (Cal-COPS) Program. Cal-COPS funds are used for funding “frontline law enforcement services.” The total state funding from the program allots a certain percentage for “city funding.” City funding allocations are distributed based on population estimates provided by Chapter 353 of the Budget Act for the particular year of funding.

In accordance with Government Code Section 30061 and 30063, the City Council shall approve the appropriation of the anticipated funding by approving a written request in the form of an “Expenditure Plan.” (See Exhibit A.) The County of Ventura Sheriff's Office is designated as the Supplemental Law Enforcement Oversight Committee and must certify receipt and approval of the City's “Expenditure Plan” prior to submitting it to the County Board of Supervisors for review and approval. Upon the Board’s approval, the County Auditor/Controller is authorized to release the funding.

ANALYSIS:

Approving the Expenditure Plan will provide a revenue source for the purchase of the following equipment:
137

1. Trunarc Handheld Narcotics Analyzer ($45,000).

2. 2 Unmanned Aerial Vehicle (UAV) 2 Mavic3 model and 1 Matric 30T model ($40,000).

3. Laptop computers for 4 detectives, 2 Special Enforcement detectives, and 1 Traffic investigator ($50,000).

4. Mobile Press Conference audio & visual equipment ($6,000).

5. Property Safe to secure money and valuables ($4,000).

6. Patrol Crime Scene Investigations Digital SLR Camera and accessories ($2,000).

7. Fireking Evidence Electronic LockSafe ($4,700).

The Expenditure Plan will also provide funding for the following programs:

1. Police Explorer Post- funding for Explorer trips and tactical competitions, lodging and field trips ($20,000).

2. Santa Paula Police Wellness Program Costs for Jiu Jitsu and Yoga instructor & training costs for 48 one-hour sessions ($12,000).

STRATEGIC PLAN:

STRATEGIC PLAN:

This item supports City Council’s goal of creating an environment within the City in which our residents feel safe and which promotes the City as a location of choice for living, working, visiting and recreating, identified in Section E. Public Safety of the two-year Strategic Plan.

FISCAL IMPACTS:

Approval of the expenditure plan will result in revenue to the Police Department of $186,000.00 which will be used as described above. While funds have already been allocated in the FY 2023/24 budget, the fund also has an existing fund balance due to prior year staffing vacancies that the Council may allocate in addition to the existing funds. Staff may return at a later date to request an increase in expense allocation in order to fully utilize the fund balance and update this fiscal year’s expenditure plan accordingly.

OPTIONS:

As an alternative to Staff's recommendation, the City Council may take one of the following 138
alternative actions:

1. Do not approve the proposed Expenditure Plan.

2. Direct staff to modify the proposed Expenditure Plan.

3. Give other direction to staff as desirable.

ATTACHMENTS:

COPS 23-24 Expenditure Plan.xlsx
Cops 22.23 Growth 23.24 Allocation.pdf
139
City Name:

Beginning Fund Balance 186,000.00
Prior Year Allocation/Adjustment
Current Year Allocation
Total Allocation 186,000.00
Salaries and Benefits
Services and Supplies
186,000.00
Administrative Overhead
Total Expenditure Planned 186,000.00
Date approved by the City Council:

The City Manager hereby certifies that the Supplemental Law Enforcement Services Plan was submitted to the City Council and approved as listed.

Date
(805) 525-4474 11/07/23
Name Date
FY 2021-2022 City Expenditure Plan Form
City of Santa Paula - Santa Paula Police
Please provide the name of a contact person if there are any questions:

Equipment

EXPENDITURE PLANNED
Chief Don Aguilar
Supplemental Law Enforcement Standardized Forms
Expenditure Plan
FY 2023-2024
City Manager Signature
140
141
142
To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: CONSIDERATION OF VARIOUS EMPLOYEE-BASED INCENTIVES Date: November 15, 2023
Agenda Item: 11.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Authorize staff to establish various employee based incentives and return with an adopting resolution for said incentives.

Presented by: City Manager Dan Singer
BACKGROUND:

The City of Santa Paula, like many other municipalities, is currently experiencing difficulty in attracting and retaining well-qualified candidates, especially with hard to fill professions, and police officer positions. Constrained labor markets and Santa Paula’s lower-end wages in comparison to other agencies within the County, makes it all the more difficult for the City to be a strong contender in today’s competitor labor market.

As ideas for recruiting are endless and endlessly challenging, it is the City’s desire to explore new options and enhance existing incentives, without compromising established budgets, nor creating significant on-going costs. New and enhanced options could be well worth it in attracting top talent, but also in helping the City in preparing and anticipating staffing issues due to future retirements at all levels in the organization.

During the meeting of May 7, 2018, the City Council authorized the City Manager (Personnel Officer) to implement signing bonuses and moving expense reimbursements as incentives for positions deemed “difficult-to-fill.” Both the signing bonus of $5,000 and the moving expenses reimbursement not to exceed $2,000 were used in recruitment efforts on a case by case basis at the discretion of the City Manager. Signing bonuses when previously used were only paid out to the employee upon successful completion of the probationary period.

The City Manager will move forward with implementing the program as outlined in this report unless otherwise informed differently by the Council.

ANALYSIS:

Signing and Referral Bonuses
143
As noted above, the Council supported signing bonuses back in 2018 for “hard to fill” positions. At this time, staff is recommending expanding the program to include all academycomplete police hires. Such signing bonuses have become a common tool in the recruitment toolbox for police departments up and down the State of California. In fact, the Ventura County Sheriff’s Office offers a $10,000 signing bonus to laterals, with $5,000 paid upon hire and the remaining $5,000 due upon successful completion of probation (1 year of service).

It is recommended the City match this amount with suggested criteria that would award $2,000 to a candidate who is officially "sworn-in" for service, $3,000 upon completion of field training, and $5,000 upon one year of service, if in good standing with the department. Detailed criteria would be drawn up by HR staff, consistent with similar programs from neighboring jurisdictions and the City Manager would authorize this as an Administrative Policy.

In order to attract sworn talent from around our region, staff is also recommending a “referral bonus” for existing full-time employees either within the police department or as an employee of the City. The referral bonus could be awarded to an employee who has referred a sworn officer to successfully achieve employment with the City’s Police Department. It is recommended that $5,000 be awarded to the employee who has made the referral once that employee has successfully passed their probation.

Retention Bonus
During labor negotiations earlier this year, the Council authorized retention bonuses for members of the Mid Management and Supervisory & Professional Association in recognition of the added work and duties that employees in these two Associations experienced due to staffing shortages and position vacancies. These employees are exempt from overtime but often work beyond the regular workweek to accommodate the workload. The first retention bonus of $1500 will be payable in December 2023, with a second bonus of $2000 to be paid in December 2024 for those employees that were employed with the City since January 2023.

Given the pending loss of sworn officer positions within the City’s Police Department, a similar bonus could be considered for those employees who have "stuck it out," despite the added pressure to perform. Of course reduced staffing often results in additional overtime for officers, so one could argue the retention should not apply to them because they will have achieved additional income for the work performed. Still, providing such an incentive could help encourage officers to stick around during rough times. The program could be suspended once a certain staffing level was achieved, say 80%.

Early Retirement Incentives
The City's adopted Personnel Rules, as well as the standard practice in municipal government, is for an employee to give at least a two-week notice when terminating employment with the City. Were an employee to provide less than the customary two-weeks, they would not be leaving in good standing and would not be considered for re-employment as a result. Even for employees nearing retirement or contemplating a career move, it is rare for an employee to afford the City much more notice beyond a few weeks. Yet such short notice puts considerable strain on the department experiencing the departure and almost always results in an extended vacancy. Santa Paula doesn't have the luxury of excess employees or a deep workforce, so losing one employee can result in a considerable set-back for the organization and an erosion of services to the public. It also limits the opportunity to cross144 train, mentor or ready another employee to take on the duties of the departing employee, even if temporarily.

To remedy this situation, staff recommends incentivizing employees to give the City advanced notice beyond the customary two-weeks. Establishing a program that gives one-time pay would establish a cultural expectation that we want employees planning ahead and helping us with the transitioning around their departure. Options were discussed and reviewed by the City's Executive Management Team to consider a flat incentive payment, additional time-off, or a percentage of salary. The consensus was that a percentage of pay is more likely to provide a true incentive than the other options would. The below structure is suggested and, pending Council's support, would be written into an adopting resolution and brought back to the City Council.

Term Cash Incentive
Two-weeks Notice None
At least 30-day Notice 5% of monthly gross salary
At least 60-day Notice 10% of monthly gross salary
At least 90-day Notice 15% of monthly gross salary
STRATEGIC PLAN:

Establishing various employee-based incentives is consistent with the City's Strategic Plan, Section G, Operational Excellence, and Objective 3, Employee Enrichment, which calls on staff to "develop programs around employee retention, engagement and succession planning."
FISCAL IMPACTS:

The fiscal impacts of these incentives will depend on the direction Council provides. Incentive costs in the FY 23/24 budget are intended to be offset by salary savings related to any related vacancies in the department being addressed.

OPTIONS:

The City Council is under no obligation to support these incentives or may wish to modify them. Council may also support one or more incentive, but reject specific concepts or limit who they apply to or for how long.

ATTACHMENTS:
145
To: Honorable Mayor and Members of the City Council
From: Monica Castillo, City Attorney
Subject: AMENDED CITY COUNCIL INVOCATION POLICY
Date: November 15, 2023
Agenda Item: 11.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

Adopt Resolution No. 7493 adopting an Amended City Council Invocation Policy.

Presented by: Monica Castillo, City Attorney
BACKGROUND:

Legislative bodies in our nation have long maintained a tradition of solemnizing proceedings by allowing for an opening prayer or invocation before each meeting to bless the conduct of government business. Consistent with that tradition, the City Council has long followed a practice of selecting a member of local clergy to provide invocations at City Council meetings.

The City Council adopted an Invocation Policy on May 20, 2020 ("Policy") to codify this practice. Following review by the City Attorney's office, Council is being asked to consider a proposed amendment to the Policy. The amended Policy removes citations to overruled case law and language that could be interpreted to prohibit content associated with a particular faith community.

ANALYSIS:

The First Amendment to the United States Constitution provides, in part, that "Congress shall make no law respecting the establishment of religion " The Establishment Clause, as it is popularly known, is implicated by legislative prayer and invocations at governmental meetings.

The United States Supreme Court has ruled that opening of legislative sessions with prayer is a practice deeply embedded in the history and tradition of this country and does not violate the Establishment Clause.

Our federal courts have given guidance on the crucial elements of a constitutional invocation policy, including that it be given at the commencement of the meeting, lend gravity to the occasion, reflect the values of our nation's heritage, invite lawmakers to reflect upon shared ideals and common goals before they embark on the business of government, and not discriminate among faiths. In contrast, a policy that denigrates or disparages a religion, preaches conversion, proselytizes, or advances any faith or belief over another will be deemed 146
unconstitutional.

The current Policy meets the criteria of a constitutional invocation policy, but includes some language that could be misconstrued as unconstitutional (discussed further below). The Policy consists of:

A requirement that the invocation be offered at the commencement of the City Council meeting, at a place in the agenda not connected to any City business.

A provision that no Councilmember, City employee, or member of the public be required to participate.

A requirement that the invocation opportunity be offered, in rotation, to leaders of diverse established churches, congregations, or other religious assemblies in the City.

A provision that neither the City Council nor any City employee shall engage in any prior inquiry, review of, or involvement in, the content of any invocation.

A requirement that the City's invitation to participate provide that the invocation opportunity is not to be used to advance or disparage any faith or belief or promote one religion or set of beliefs over another.

A provision that any guest who provides an invocation in violation of the Policy will not be invited to provide a future invocation.

The Policy was reviewed by the City Attorney's office in response to an inquiry from the public.

Upon review, it was determined the Policy could be read in a way that allows for censorship of invocations that signal affiliations with a specific religion. Specifically, Section 6(b) of the Guidelines portion of the Policy asks that "the invocation be non-denominational".

When government decides what is considered "non-denominational" or not, or what is a religion or not, this can run afoul of the First Amendment and Establishment Clause. In the 2014 Supreme Court decision of Town of Greece v. Galloway, the Court held that “to hold that invocations must be nonsectarian would force the legislatures sponsoring prayers and the courts deciding these cases to act as supervisors and censors of religious speech, thus involving government in religious matters to a far greater degree than is the case under the town’s current practice of neither editing nor approving prayers in advance nor criticizing their content after the fact.”
To avoid this unintended effect, the proposed amended Policy removes the request that an invocation be "non-denominational" and clarifies that the Council and staff cannot edit or criticize invocations that invoke specific religious affiliations after the fact. Cited cases that have been overruled have also been deleted.

A copy of the proposed amended Policy is attached as Exhibit A to Resolution No. 7493 for Council's consideration. A redline showing proposed changes to the current Policy is also provided with this staff report.

STRATEGIC PLAN:
147
This item does not directly promote an objective in the City's two-year strategic plan.

FISCAL IMPACTS:

None.

OPTIONS:

The Council has the following available alternative options to Staff's recommendations:

1. Decline staff's recommendation and keep the Policy as is. Doing so, however, leaves open the risk of censoring religious speech.

2. Provide alternative direction to staff.

ATTACHMENTS:

Attachment A - Resolution 7493 Amending City Council's Invocation Policy Ex. A to Resolution 7493 (Attachment A)- Amended Invocation Policy Attachment B - Redline
148

RESOLUTION NO. 7493

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

PAULA AMENDING THE CITY COUNCIL INVOCATION POLICY
The City Council of the City of Santa Paula resolves as follows:

SECTION 1: The City Council finds and declares that:

A. The City Council of the City of Santa Paula is an elected legislative and deliberative public body serving the community of Santa Paula; B. Legislative bodies in America have long maintained a tradition of solemnizing proceedings by allowing for an opening prayer before each meeting, for the benefit and blessing of the City Council and the community;
C. The United States Supreme Court has counseled against the efforts of government officials to affirmatively screen, censor, prescribe and/or proscribe the specific content of public prayers offered by private speakers, as such government efforts would violate the First Amendment rights of those speakers;
D. The Supreme Court has also ruled that absent a pattern of prayers that over time denigrate, proselytize, or betray an impermissible government purpose, a prayer policy satisfies constitutional requirements;
E. The Supreme Court also proclaimed that it should not be the job of the courts or deliberative public bodies “to embark on a sensitive evaluation or to parse the content of a particular prayer” offered before a deliberative public body; F. The City Council intends, and has intended in past practice, to adopt a policy that upholds an individual’s “free exercise” rights under the First Amendment; and G. The Supreme Court has repeatedly clarified that “there is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect”;
H. Consistent with constitutional requirements and with its past practice, the City Council adopted a City Council Invocation Policy on May 20, 2020 (“Policy”). The Policy is not intended to advance or disparage any faith, or promote one religion or set of beliefs over another, ensures that the selection of those individuals who give the invocation is neutral, and respects an individual's rights to free speech under the First Amendment; I. The City Council recognizes its constitutional duty to interpret, construe, and amend its policies and ordinances to comply with constitutional requirements as they are announced and interpreted;
149

J. The City Council now desires to amend its current Policy to avoid a scenario that could result in censorship of religious speech.

SECTION 2: The City Council hereby adopts an amended Policy attached hereto as Exhibit A and incorporated herein by reference (the “Amended Policy”).

SECTION 3: The Amended Policy established as part of this Resolution shall remain in place until rescinded by resolution of the City Council.

SECTION 4: This Resolution will become effective immediately upon adoption and remain effective until superseded by a subsequent resolution.

PASSED, APPROVED AND ADOPTED this 15th day of November, 2023. ____________________________
Andy Sobel, Mayor
ATTEST:
________________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
________________________________
Monica Castillo, City Attorney
APPROVED AS TO CONTENT:
________________________________
Dan Singer, City Manager
150
-1-

EXHIBIT A
TO
RESOLUTION NO. 7493
(AMENDED INVOCATION POLICY)
151
-2-

CITY OF SANTA PAULA

INVOCATION POLICY
(Amended 11/15/2023)

INTRODUCTION
The purpose of this Policy is to provide for traditional legislative invocations at the commencement of City Council meetings in a manner that upholds and balances the principles of the Establishment Clause and the Free Exercise Clause of the First Amendment consistent with such court rulings as Marsh v. Chambers, 463 U.S. 783 (1983) and Town of Greece v. Galloway, 572 U.S. 565 (2014).

Courts have ruled that an invocation at the beginning of a legislative session is consistent with the First Amendment if it is intended to lend gravity to the occasion, is solemn and respectful in tone, does not advance or disparage any one faith or belief over another, and invites lawmakers to reflect upon shared ideals and common ends.

This Policy in not intended, and shall not be implemented or construed in any way, to affiliate the City with, nor to express the Council’s preference for, any faith or religious denomination. Rather, this Policy is intended to acknowledge and express the City’s respect for the diversity of religious denominations and faiths represented and practiced among the Santa Paula community.

Nothing herein shall abridge the right of any person to address the Council during that portion of any meeting set aside and designated for public comment, subject to the laws and policies regarding such participation.

GUIDELINES

1. The invocation shall be given at the commencement of the meeting and the speaker shall keep his/her remarks to the same time period as permitted for public comments. The invocation shall be at a place on the agenda that is not connected to any City business.

2. At the time of the “Call to Order, Flag Salute, Invocation and Roll Call” on the agenda, the Mayor shall introduce the speaker and shall invite attendees to join in the invocation only if they voluntarily wish to do so.

3. No Councilmember, City employee, or any other person in attendance at the meeting, shall be required to participate.

4. No Councilmember or City employee shall engage in any prior inquiry, review of, or involvement in, the content of any invocation. 152
-3-

5. No Councilmember or City employee shall edit or criticize any invocation that invokes a particular religious affiliation after the fact.

6. The invocation shall not advance or disparage any faith or belief or promote one religion or set of beliefs over another.

7. The invocation shall be voluntarily delivered by an eligible member of the clergy/religious leader in the City. To ensure that such person is selected from among a wide pool of clergy/religious leaders, on a rotating basis, the speaker shall be selected according to the following procedure:
(a) The City Clerk shall compile and maintain a database (“Clergy List”) of the religious congregations with an established presence in the City. All religious congregations with an established presence in the City are eligible to be included on the Clergy List, and any such congregation can confirm its inclusion by specific written request to the City Clerk. The Clergy List shall be updated, by reasonable efforts of the City Clerk, on an annual basis. (b) The City Clerk shall mail and/or email an invitation addressed to the religious leader of each congregation listed on the Congregations List. The invitation should include language along the following lines:

Dear Religious Leader,
The City of Santa Paula City Council makes it a policy to invite members of the clergy to voluntarily offer an invocation before the beginning of its Council meetings. As the leader of one of the religious congregations with an established presence in the City, you are eligible to give an invocation at an upcoming City Council meeting.

If you are willing to participate, please send a written reply to the City Clerk at the address and/or email address included herein.

Clergy are scheduled on a first-come, first-serve or other random basis. The dates of the Council meetings scheduled for the upcoming year are listed on the following attached page. If you have a preference among the dates, please state that request in your written reply.

This opportunity is voluntary, and you are free to offer the invocation according to the dictates of your own conscience. The opportunity may not be used as an effort to convert others to the particular faith of the speaker, nor to disparage any faith or belief different than that of the speaker.
153
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8. No speaker shall receive compensation for his or her service.

9. The City Clerk shall make every reasonable effort to ensure that a variety of eligible speakers are scheduled for the Council meetings. In any event, no speaker shall be scheduled to offer a prayer at consecutive Council meetings, or at more than five (5) Council meetings in a calendar year.

10. Any speaker who provides an invocation in violation of this Policy shall not be invited to provide a future invocation.

11. All speakers participating shall be given a copy of this Policy. 154
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CITY OF SANTA PAULA

INVOCATION POLICY
(Amended 11/15/2023)

INTRODUCTION
The purpose of this Policy is to provide for traditional legislative invocations at meetings of the City of Santa Paula City Council (the "City")the commencement of City Council meetings in a manner that upholds and balances the principles of the Establishment Clause and the Free Exercise Clause of the First Amendment consistent with such court rulings including, but not limited to,as Marsh v. Chambers, 463 U.S. 783 (1983) and Town of Greece v. Galloway, 572 U.S. 565 (2014), Rubin v. City of Burbank (2002), Lynch v. Donnelly (1984), and Marsh v. Chambers (1983). .

Courts have ruled that an invocation at the beginning of a legislative session is consistent with the First Amendment if it is intended to lend gravity to the occasion, is solemn and respectful in tone, does not advance or disparage any one faith or belief over another, and invites lawmakers to reflect upon shared ideals and common ends.

This Policy is to provide for traditional legislative invocations at the commencement of City Council meetings in a manner that upholds and balances the principles of the Establishment Clause and the Free Exercise Clause of the First Amendment.

This Policy in not intended, and shall not be implemented or construed in any way, to affiliate the City with, nor to express the Council'sCouncil’s preference for, any faith or religious denomination. Rather, this Policy is intended to acknowledge and express the City'sCity’s respect for the diversity of religious denominations and faiths represented and practiced among the Santa Paula community.

Nothing herein shall abridge the right of any person to address the Council during that portion of any meeting set aside and designated for public comment, subject to the laws and policies regarding such participation.

GUIDELINES

1. 1. The invocation shall be given at the commencement of the meeting and the speaker shall keep his/her remarks to the same time period as permitted for public comments. The invocation shall be at a place on the agenda that is not connected to any City business.

2. 2. At the time of the "“Call to Order, Flag Salute, Invocation and Roll Call"” on the agenda, the Mayor shall introduce the speaker and shall invite attendees to join in the invocation only if they voluntarily wish to do so. 155
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3. 3. No Councilmember, City employee, or any other person in attendance at the meeting, shall be required to participate.
-4. 4. No Councilmember or City employee shall engage in any prior inquiry, review of, or involvement in, the content of any invocation.

5. No Councilmember or City employee shall edit or criticize any invocation that invokes a particular religious affiliation after the fact.

5. 6. The invocation shall not advance or disparage any faith or belief or promote one religion or set of beliefs over another.

6. 7. The invocation shall be voluntarily delivered by an eligible member of the clergy/religious leader in the City. To ensure that such person is selected from among a wide pool of clergy/religious leaders, on a rotating basis, the speaker shall be selected according to the following procedure:
(a) (a) The City Clerk shall compile and maintain a database ("“Clergy List"”) of the religious congregations with an established presence in the City. All religious congregations with an established presence in the City are eligible to be included on the Clergy List, and any such congregation can confirm its inclusion by specific written request to the City Clerk. The Clergy List shall be updated, by reasonable efforts of the City Clerk, on an annual basis. (b) (b) The City Clerk shall mail and/or email an invitation addressed to the religious leader of each congregation listed on the Congregations List. The invitation should include language along the following lines:

Dear Religious Leader,
The City of Santa Paula City Council makes it a policy to invite members of the clergy to voluntarily offer an invocation before the beginning of its Council meetings. As the leader of one of the religious congregations with an established presence in the City, you are eligible to give an invocation at an upcoming City Council meeting.

If you are willing to participate, please send a written reply to the City Clerk at the address and/or email address included herein. Clergy are scheduled on a first-come, first-serve or other random basis. The dates of the Council meetings scheduled for the upcoming year are listed on the following attached page. If you have a preference among the dates, please state that request in your written reply.

This opportunity is voluntary, and you are free to offer the invocation according to the dictates of your own conscience. To maintain a spirit of respect and inclusion, the City Council requests that the invocation be nondenominational. The City Council also 156
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requests that theThe opportunity may not be exploitedused as an effort to convert others to the particular faith of the speaker, nor to disparage any faith or belief different than that of the speaker.

7. 8. No speaker shall receive compensation for his or her service.

8. 9. The City Clerk shall make every reasonable effort to ensure that a variety of eligible speakers are scheduled for the Council meetings. In any event, no speaker shall be scheduled to offer a prayer at consecutive Council meetings, or at more than five (5) Council meetings in a calendar year..

9. 10. Any speaker who provides an invocation in violation of this Policy shall not be invited to provide a future invocation.

10. 11. All speakers participating shall be given a copy of this Policy. 157
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158
To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: FUTURE AGENDA ITEMS
Date: November 15, 2023
Agenda Item: 12.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council review future agenda items.

BACKGROUND:

The attached Future Agenda Items forecast identifies anticipated agenda items for upcoming Council meetings as well as Study Session topics and long-range discussion items. Placing this forecast on the agenda affords the Council and the public the opportunity to discuss such topics and to make any recommendations. It should be noted this is only a forecast and may change over the course of time or based on feedback by the Mayor and City Manager during review of future agendas.

ANALYSIS:

Should a member of the City Council wish to introduce a future agenda topic, it should be done in compliance with the Council's adopted Manual of Procedural Guidelines, Section 5.1.

Items introduced by a member of the Council during a Council meeting requires a second and should be reserved for time-sensitive matters needing attention within the proceeding 45 day period.

STRATEGIC PLAN:

FISCAL IMPACTS:

OPTIONS:

ATTACHMENTS:

11.15.23_Future Agenda Items.docx
159
Santa Paula City Council Tentative Agenda Schedule
Updated 11/09/2023
Wednesday, December 6, 2023
PR Visitor from the North Pole 12/6/23
PR Santa Paula Social Services Coalition 12/6/23
PW Public Works Department Report 12/6/23
Fire Fire Department Report 12/6/23
CDD Lafco Application for Business Park West Project 12/6/23 Admin Selection Process for Mayor 12/6/23
Admin Crossing Guard Contract Award 12/6/23
PW Water Meter Purchasing Contract (3-year) 12/6/23
CDD Façade Improvement Program 12/6/23
Admin Appointments to the Mayor’s Standing and AdHoc Committees 12/6/23 Admin Adoption of 2024 Council Meeting Calendar 12/6/23

STUDY SESSION TOPICS
Admin No Smoking Ordinance March
P&R Oil Museum Use Options 11/15/23
Attorney Municipal Code Update Overview January
Finance Development Impact Fees February

FUTURE AGENDA ITEMS
CDD Red Tail Tentative Track Map
Admin Harvest at Limoneira Off-Site Improvement Agreement Admin Development Agreement Lewis Limoneira
Admin Appointments to the Mayor’s Standing and Ad Hoc Committees PW Plans & Specifications for 8th Street Streetlight Repair Project Admin Strategic Plan Update
Admin Development Agreement Lewis Limoneira
Admin SoCal Edison Discussion
Finance Unclaimed Funds
CDD VCTC Update on Railroad
CDD Cultural Arts Update
CDD Housing Element Update
Finance Annual City Audit
CDD ADU Ordinance
Legal Fire MOU Amendment
Finance Additional Revenue Options
Admin Expand Video Recordings to Commissions & Special Meetings CDD Appointment of Housing Trust Fund Oversite Committee 160