City of Santa Paula
City Council
MAYOR LESLIE CORNEJO
VICE MAYOR PEDRO A. CHAVEZ
COUNCILMEMBER JENNY CROSSWHITE
COUNCILMEMBER CARLOS JUAREZ
COUNCILMEMBER ANDY SOBEL
CITY COUNCIL REGULAR MEETING OF THE
SANTA PAULA CITY COUNCIL
WEDNESDAY, MAY 1, 2024
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
CITY COUNCIL REGULAR MEETING
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. Special and Closed Sessions vary by date and time.
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. 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.
6. PRESENTATIONS
6.A SANTA PAULA FUTBOL CLUB XTREME RECOGNITION
6.B MIGRANT SPEECH AND DEBATE RECOGNITION
6.C OLDER AMERICANS' MONTH PROCLAMATION
6.D 2024 NATIONAL PUBLIC WORKS WEEK PROCLAMATION
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.
HOW TO VIEW ON YOUR TELEVISION, COMPUTER, OR MOBILE DEVICE: Watch from home live on the local Channel 10, or view the live feed on the city website at the following link: https://www.spcity.org/523/Public-Meeting-Agendas NOTE: Special and Closed Sessions are not recorded and not available on Channel 10 or live feed on the city website.
REGULAR MATTERS - COUNCIL CHAMBERS
City of Santa Paula - City Council - City Council Regular Meeting 3
6.E PUBLIC WORKS DEPARTMENT ACTIVITY REPORT FOR DECEMBER 2023 - MARCH 2024
RECOMMENDATION:
Staff recommends that the City Council:
Receive and file the Public Works Department Report for December 2023 - March 2024.
Presented by: Clete J. Saunier, Public Works Director
7. CITY COUNCIL REPORTS
8. CITY MANAGER REPORTS
9. 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.
9.A APPROVAL OF MINUTES
City Council Special Minutes April 17, 2024
City Council Regular Minutes April 17, 2024
RECOMMENDATION:
Staff recommends Council approve minutes.
9.B AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH m6 CONSULTING, INC.
RECOMMENDATION:
Staff recommends that the City Council:
Authorize the City Manager to execute Contract Amendment No. 1 in the amount of $76,815.00 to the Professional Services Agreement with m6 Consulting, Inc. in a form approved by the City Attorney.
9.C AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH PHOENIX CIVIL ENGINEERING FOR THE HARVARD BOULEVARD
WATER AND SEWER PIPELINE REPLACEMENT AND PAVING
REHABILITATION PROJECT
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to execute Contract Amendment No. 1 to the Professional Services Agreement with Phoenix Civil Engineering in a form approved by the City Attorney.
City of Santa Paula - City Council - City Council Regular Meeting 4
2. Approve budget adjustments as shown in Table 3 of the Staff Report to allocate $165,252.80 in funds from the Water Replacement Program and Harvard Sewer Replacement Program to the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project, to complete the necessary funding of $1,365,435.80 needed for this contract.
9.D WATER RECYCLING FACILITY CHEMICAL SUPPLY AGREEMENT
RECOMMENDATION:
Staff recommends that the City Council:
Authorize the City Manager to execute a 3-year contract with Aquapulse Chemicals for the supply and delivery of sodium hypochlorite and citric acid for the Santa Paula Water Recycling Facility.
9.E VENTURA COUNTY GRANT FUNDING AGREEMENT AND BUDGET
APPROPRIATION
RECOMMENDATION:
Staff recommends City Council:
1. Authorize the City Manager to enter into an agreement between the City of Santa Paula and the County of Ventura in a form approved by the City Attorney; and
2. Approve a budget allocation of $350,000.00 in new revenue and matching expenditures from the County of Ventura, as noted in the Fiscal Impact section of this report.
10. PUBLIC HEARING
Verification of posting notice by City Clerk
Declaration of conflicts (if any)
Declaration of ex parte contacts (if any)
Open public hearing
Staff presentation
Public comments
Close public hearing
Discussion and action
10.A REVIEW THE 2023 MILITARY EQUIPMENT ANNUAL REPORT AND RENEW ORDINANCE 1315, APPROVING THE MILITARY EQUIPMENT
FUNDING, ACQUISITION AND USE POLICY FOR THE SANTA PAULA POLICE DEPARTMENT.
RECOMMENDATION:
It is recommended the City Council:
1. Review the Police Department's Annual Military Equipment Report approving the Military Equipment Funding, Acquisition and Use policy as required by Government Code 7072 (AB 481), and
City of Santa Paula - City Council - City Council Regular Meeting 5
2. Renew ordinance 1315.
Presented by: Commander Eric Starna
11. ACTION ITEMS
11.A AMERICAN RESCUE PLAN ACT (ARPA) FUNDING AMENDMENTS RECOMMENDATION:
Staff recommends City Council:
1. Review staff recommendations for amendments to recent ARPA reallocations; and
2. Adopt Resolution No. 7514 memorializing an amendment to the ARPA allocations.
Presented by: Jonathan Royas, Deputy City Manager
11.B APPOINTMENT TO THE MEASURE T OVERSITE COMMITTEE
RECOMMENDATION:
Staff Recommends that the City Council:
1. Appoint one applicant to the Measure T Oversite Committee.
Presented by: Julie Latshaw, City Clerk
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
CITY OF SANTA PAULA
MEMORANDUM
To: Honorable Mayor and Members of the City Council
From: Clete J. Saunier, Public Works Director
Subject: PUBLIC WORKS DEPARTMENT ACTIVITY REPORT
DECEMBER 2023 – MARCH 2024
Date: May 1, 2024
RECOMMENDATION:
Staff recommends that the City Council:
Receive and file the Public Works Department Report for December 2023 - March 2024.
Presented by: Clete J. Saunier, Public Works Director
CAPITAL IMPROVEMENT PROGRAM (PROJECT ACTIVITY):
FY 2023 – 2024/FY 2024-2025 and Cycle 2 Citywide Street Maintenance Programs The Street Maintenance Program is an integral component of the Pavement Management Program and consists of applying crack seals, rejuvenator seals, and micro-surfacing to maintain and extend the service life of City streets.
The Harvard Boulevard project features street improvements that include a structural overlay of the existing section of Harvard between Peck Road and 10th Street, following the completion of extensive water and sewer replacement efforts that will significantly disrupt the existing roadway pavement. In addition to the structural overlay of the project area, improvements to sidewalks and curb ramps are proposed along the entire length of the Harvard Boulevard project area. Due to the extensive and costly improvements necessary to complete the Harvard Boulevard project, it is anticipated that the paving portion of this project will constitute the majority of the citywide paving planned for FY 23/24, consistent with the City’s Pavement Management Program. The paving work will be preceded by curb ramps construction which will commence in March, 2024, with paving anticipated to start in June and be completed in July.
The current PMP contemplates four (4) 5-year cycles of paving, organized geographically throughout the City. On May 6, 2020, the City Council approved Resolution 7270 adopting the Cycle 1 5-year Pavement Management Plan (FY 2020-2021 to FY 2024-2025) requiring staff to annually update the plan and address the status of road pavement conditions within the City. The City is currently in the 4th year of Cycle 1, and staff is developing 7 recommendations for both the final year of this first 5-year PMP cycle, as well as the next Cycle of PMP programming. This plan with associated recommendations will be presented to Council May 2024.
Street Drainage
Streets provide for conveyance of storm drainage from contributory portions of adjacent property, as well as adjacent streets. The drainage capacity of streets is defined by the geometry of each individual street section, including curb height, street width and slope. As the street capacity is reached, catch basins with associated storm drainage pipes are installed. Due to the age and topography of the City, limited storm drainage facilities exist, and most of these systems are in excess of 50 years of age. Much of these existing storm drainage systems consist of corrugated metal pipe (CMP) that has exceeded its useful life.
Many of the roadway failures that have been observed in the City are a result of CMP storm drains that have collapsed under the pressure of storm water flow related to the recent winter storms. When storm drains collapse, the only viable repair methodology is excavation and replacement of the entire section of pipe, which is both disruptive to the travelling public and costly to the City.
Due to the age of the drainage infrastructure in the City, staff anticipates a greater need for replacement of the storm drain system. The 6th Street Storm Drain Replacement (View Drive to Virginia Terrace) Project will proceed to construction in Spring 2024, following the Corporation Street Storm Drain Replacement Project which was completed in late 2023.
Telegraph Road Widening
Currently, Telegraph Road consists of a 4-lane arterial between the Main Street / Harvard Boulevard intersection to 850 feet east of the intersection narrowing down to a 2-lane arterial to Hallock Drive. The City’s 2040 General Plan planned classification for Telegraph Road from Harvard/Main intersection to Hallock is a 4-lane boulevard. The implementation requirements for this section of Telegraph Road according to the General Plan include widening the street to 68 feet and restriping it as a 4-lane roadway with a center left-turn lane and buffered Class II bike lanes, as well as curb, gutter, sidewalk and drainage facilities.
No parking is recommended along this stretch, as the primary focus is cyclist safety and priority. Multiple development projects are either proposed or underway along or adjacent to Telegraph, and projects abutting the road are required to complete localized widening along their respective road frontage. While the long-term vision contemplates this localized development to gradually and completely widen Telegraph to the General Plan geometry, the near-term conditions will result in piecemeal widening with incomplete vehicle, pedestrian and bicycle improvements. The proposed project will address complete roadway design and construction with available development impact funds to insure safety, consistency and continuity for the Telegraph Road corridor in the near term. In February of 2024, this project was presented to Council for CIP approval, and a design RFP is scheduled for release in Spring 2024.
Main/Harvard Blvd/Telegraph Rd Roundabout
On November 16, 2022, staff provided a roundabout presentation which addressed a number of potential intersection locations for roundabouts within the City. Among those considered was the intersection of Main Street, Harvard Blvd, and Telegraph Road. There are several reasons why this intersection was evaluated and deemed viable including:
8 • There is enough existing right-of-way to accommodate a standard 1-lane roundabout; • This is a gateway location in the City and a segue onto Main Street leading into the City’s downtown core;
• The City recently acquired a property at the western side of the intersection, providing additional flexibility for design, and;
• The intersection in its current configuration is difficult for pedestrians to navigate safely.
This project would support the adopted 2040 General Plan Circulation Element and is a good opportunity to advance the goals for improving traffic circulation and pedestrian safety, reducing greenhouse gases, and improving air quality while providing a more aesthetically pleasing gateway entry into the City.
In February of 2024 this project was presented to Council for CIP approval, and a design RFP is scheduled for release in Spring 2024.
Sidewalks
The recently completed mobility and disabled access survey, conducted in conjunction with the City’s disabled access transition planning study identifies deficiencies in sidewalks and associated curb ramps Citywide. These deficiency findings will need to be prioritized and organized to address the recommendations in a structured format that can be implemented on a yearly basis as part of the annual Sidewalk Repair Program. The formalization of these findings will constitute a Sidewalk Master Plan, which will also serve as the public right of way transition plan that addresses disabled accessibility in the City’s street system consistent with the ADA and related accessibility standards. Typical deficiencies are uplifted, broken or missing sidewalks, low-hanging branches, utility and signposts that obstruct disabled paths of travel, missing or steeply sloped curb ramps, and other barriers to mobility in public right of way. The significant level of deficiencies identified, together with the ongoing need to upgrade curb ramps in conjunction with annual paving efforts will elevate the required budgetary commitments. Staff plans to release an RFP for the preparation of a Sidewalk Master Plan in Summer 2024, to prioritize and budget the required sidewalk deficiencies throughout the City, and coordinate their repair with other City CIP efforts.
Harvard Boulevard Street/Sewer/Water Improvement Project The project will improve 1.7 miles of Harvard Boulevard from Peck Road to 10th Street. The project scope includes street improvements for this section of Harvard Boulevard, which include 750,000 SF of pavement, curb ramp reconstruction, and replacement of 9,000 LF of 12” water main and 8,000 Lf of 24” sewer main. The project is currently under construction, with portions of the project water system along Harvard complete, with additional sections between Steckel and Palm, and between Palm and 5th Street nearing completion. Street paving construction is anticipated to commence June 2024. Construction progress updates and critical project notifications (e.g., road closures) are available at the City’s dedicated website: www.harvardblvdproject.com
Crosstown Pipeline Project
The project scope will provide a large diameter pipeline to link the wellfield and completed west side reservoir to the main reservoir on 10th Street. The Water Enterprise Fund will fund 9 the project estimated to cost $6.7M. The current alignment of portions of the pipeline were updated to facilitate a jack and bore style of pipeline installation along Santa Paula Street at State Route 150 (10th Street). This design update is complete and under review by City staff.
Peck Road Waterline Repair Project
The project will replace a damaged section of City water main located under a portion of the Peck Road Drain and adjacent to Ventura County railroad right of way. The project anticipates a jack-and-bore style of pipe installation to avoid damage to the box-culvert drain facility, owned by Ventura County Watershed Protection District. The project was expected to commence construction in March, 2024; however, the project is paused due to contractor discussions regarding high groundwater and jack and bore issues.
Mesa Tanks Replacement Project
Construction of the project to replace the two aging aboveground steel water tanks with two new water storage tanks is currently underway. Construction of the East Tank is completed and in service as of January 2024. Construction of the West Tank commenced in February 2024. The project will improve water system condition and reliability, and address State regulatory compliance.
Crosswalks and Crosswalk Safety
The Crosswalk Safety Improvement Program (CSIP) is an on-going capital improvement program to maintain or replace crosswalk warning lights, striping and curb ramps in accordance with disabled access regulations, inclusive of pedestrian safety and conspicuity treatments that include curb extensions, raised crosswalks and warning signage. Four locations on Main Street (Lucada, Cameron, South 4th Streets and Dean Drive) were released for bid March 2024 and are anticipated to be constructed in the summer to address periods of lower school pedestrian traffic associated with the summer period of school recess. Existing crosswalks on Harvard at Laurie Lane and 5th Street are being either repaired or upgraded to address pedestrian safety at these locations. Staff is coordinating three locations on SR 150 with Caltrans for construction in FY 2024/2025. Collaborative efforts between the Caltrans design and construction team and the City to integrate the SR 150 crosswalks at Oakdale, Virginia Terrace and Ventura Streets into their comprehensive rehabilitation project set to commence in 2025 may provide optimal value for the City relative to overall project cost.
Overhead Power and Communications Lines/Rule 20 Undergrounding SCE has an established fund that provides for underground conversion of existing overhead utility lines and supporting pole structures. Staff received notification from SCE that as of June 13, 2023 the California Public Utilities Commission (CPUC) issued a decision that discontinues the Rule 20 funding program, and that no further credits would be provided towards the City’s fund balance, which currently stands at $1,109,596. Further, the City is required to form an Underground Utility District (UUD) by Council resolution prior to April 30, 2025 to specify the extents of the area of planned underground conversion in which the funds will be applied. Staff evaluated two areas for potential UUD formation: 10th Street (4 locations) and Telegraph Road between Hallock Drive and the Santa Paula Creek Bridge and presented these areas for Council review and consideration on April 17, 2024. Council directed staff to pursue 10th Street as the selected UUD area and to return to Council with a resolution and Rough Order of Magnitude (ROM) cost estimate at a future public meeting. 10 Traffic Signals
The City’s traffic signals and their controllers regulate vehicle and pedestrian movements at some of the City’s busier intersections. With the exception of the new signal at Hallock/Telegraph (a developer improvement), all of the City’s traffic signals and controllers exceed 50 years of age. The age of traffic signal control systems limits the ability to upgrade to new technology, including bike detection, accessible pedestrian signals, and video detection. Additionally, traffic signal poles, mast arms and signal heads experience damage from vehicles, as well as progressive fatigue due to wind conditions over many years.
Upgrades to existing traffic signals become necessary to maintain operation, improve function, and meet current code standards.
Design of a new traffic signal system at the Peck/Harvard/Main intersection is planned, which will commence in Spring 2024. The new traffic signals will improve safety, function and vehicle circulation at this intersection, which is one of the more complicated signalized intersections in the City given the 5-point street configuration, railroad interaction, and geometric challenges. Additionally, the intersection will be designed to accommodate the continuation of the City’s Crosstown Bikeway, which currently terminates at the northeast corner of Main Street and Peck Road, to safely convey pedestrians and bicyclists to the southwest to a planned continuation of the City’s bikeway to the western City limits.
Peck/Calpipe Road Extension Project
The project entails the extension of Peck Road south of its intersection with Corporation Street and the easterly extension of Calpipe Road from its intersection with Corporation Alley, to a knuckle where eastbound Calpipe transitions to northbound Peck. The purpose of the project is to improve access to industrial properties located west of Corporation Alley, as well as to the City’s Wastewater Reclamation Facility (WRF) and associated facilities.
Current access to these properties requires truck traffic to navigate the Corporation Street/Corporation Alley intersection, which has limited clearances for multi-axle vehicles, as well as Corporation Alley, which does not meet City commercial and industrial access width requirements. Todd Lane is a private street, which has insufficient horizontal and vertical clearances at undercrossing SR126 and does not serve as a formal secondary access to the industrial properties in the area south of SR126. The project will formalize access, improve drainage system capacity in the area, and allow for the installation of additional potable water supply piping to improve water system capacity and resilience.
FEMA Floodplain Management Projects
A substantial portion of the City is influenced by flood hazard areas identified by the Federal Emergency Management Agency (FEMA). The areas of flood hazard are mapped on Flood Insurance Rate Map (FIRM) panels that are used by City and FEMA regulators and insurance companies to determine which properties in the City are required to purchase flood insurance. These FIRM panels are updated at intervals as new or updated flood information becomes available. Earlier in 2021, FEMA completed a countywide flood restudy, which resulted in the release of updated flood maps. These preliminary maps presented significant changes to areas of flood hazard in multiple portions of the City, which would have resulted in 600 or more properties being added to the flood hazard boundary unless appealed by the City. City staff worked in tandem with Ventura County Watershed Protection District (County) staff to review the technical studies and mapping and filed an appeal with FEMA. FEMA reviewed the technical data provided, but the lack of an approved 11 maintenance plan by County resulted in the sustaining of the original studies, with the understanding that applications for Letters of Map Revision (LOMRs) could be provided to address specific areas of concern. Updated FEMA flood maps are expected to become effective in April 2024, with the understanding of the following actions on the City’s part:
1. The City, working in conjunction with the East Area 1 development team, has prepared a LOMR for Santa Paula Creek to address revisions for this watercourse, which is currently under review by FEMA and nearing approval. The LOMR, once approved will clarify specific areas of flooding concern, particularly west of Santa Paula Creek, and will largely eliminate the A99 zone designations that currently require property owners to purchase flood insurance. The flood zone designation also adds cost and complexity to the development process, which can include homeowners seeking to make property improvements, including accessory dwelling units (ADUs), as well as commercial business owners planning to expand or redevelop their current properties.
2. The City plans to pursue an improved study for urban portions of the City influenced by Fagan and Adams Canyon and the Peck Road Drain and related overflow drainage and flooding, with associated re-mapping. This updated mapping would then be coordinated with FEMA representatives to address necessary corrections to outdated flood designations and provide relief to property owners where appropriate.
3. The City plans to update the current floodplain management and development process to communicate hazards and development requirements for projects located in currently established flood hazard areas. The City completed an update of the City’s Municipal Code and associated provisions that address floodplain development and associated regulation, which was approved by City Council on October 4, 2023.
4. The City’s Public Works engineering staff recently engaged the State Department of Water Resources to review the requirements and process for joining the FEMA Community Rating System (CRS) program. This program recognizes communities who are actively involved in improving their floodplain management measures similar to those noted above. The program, once implemented, provides discounted insurance premiums for required flood policies, reducing the financial burden associated with property ownership in flood prone portions of the City.
5. The City plans to update its Master Plan of Drainage to address current areas of drainage issues, flood hazards and associated facility improvement recommendations with cost estimates and priority recommendations. The prior Master Plan was last updated in 2008, and is outdated relative to areas of deficiency, cost estimates and changes in City corporate boundaries. Recommendations may include findings from the Fagan/Adams/Peck Road flood study to improve these facilities to mitigate current contributions to flood hazards due to inadequacies in these facilities. The RFP is expected to be released in Spring 2024. American Rescue Plan Act (ARPA) funding in the amount of $150,000 allocated by the City Council on July 7, 2021 may be used to support this effort.
12 Water Recycling Facility Advanced Water Treatment Facility Project The project scope includes design and procurement for an Advanced Water Treatment Facility (reverse osmosis process, “AWTF”) to manage the City’s effluent chloride levels.
The facility will be located northeast of and immediately adjacent to the WRF. The estimated total project cost is $20.34M (including design, construction, and construction contingency).
The City applied for a low-interest loan from Clean Water State Revolving Fund (CWSRF) through the State Water Board Division of Financial Assistance (DFA). City Council authorized execution of the financing agreement for the CWSRF loan for the project at the September 6 2023 City Council Meeting. Reimbursement requests, which will draw on the loan, will not be submitted until if and when the City Council approves the AWTF Project for bid. The draft Chloride Source Identification Study was presented to City Council in November 2023. City Council directed staff to move forward with the second phase of the Chloride Study, which involves additional sampling. The collection system sampling has been delayed due to frequency of wet weather events and equipment issues. Sampling started in March. Concurrently, the City is developing a Design Refinement Study for the AWTF, which will evaluate the design criteria against more recent water quality data and review the design for potential phasing and optimizations. The outcome of the AWTF Design Refinement Study and the second phase of the Chloride Study will determine the AWTF Project outcome.
City staff presented the Draft AWTF Refinement Study in April 2024. City staff continues to communicate status updates regarding the AWTF project, Chloride Study and permit compliance with the Los Angeles Regional Water Quality Control Board.
Water Recycling Facility Blower Repairs
The four aeration blowers, three MBR blowers, and three digester blowers, which are used to efficiently operate the WRF have been experiencing intermittent failures for over a year and a half. The blowers, originally installed during construction of the WRF in 2010 are reaching the end of their useful life. The City recently approved a new CIP project which will prioritize the replacement of all 10 blowers over several years. The blowers are necessary to operate the WRF and phased replacement will allow operation to continue while installing new reliable equipment. MKN is currently working on the phasing and preliminary design; construction is anticipated to begin in the 2024/2025 FY. This project will span approximately 7 years to fully replace the existing ten blowers.
Water Recycling Facility Reaction Ammonia Analyzers Replacement The project will consist of adding ammonia analyzers to the three aerobic basins and modifying the control system to control the blower speed to produce a targeted, low ammonia concentration. Currently the process operates under manual control. This results in excess power consumption and excess greenhouse gas emissions, including ammonia into the atmosphere. VCAPCD staff has agreed this project will reduce pollutant and greenhouse gas emissions and has agreed to allow the City to offset its outstanding NOV settlement agreement costs with the equivalent in-kind costs for this project contingent upon its completion. The estimated project cost including engineering design and construction is approximately $140,000. Funding for this project was allocated at the March 1, 2023 City Council Meeting. Startup and commissioning has been completed by VRSD operations staff, 13 and SCADA integration is in progress. APCD has agreed to extend the completion deadline for this work to April 30, 2024.
Wastewater Master Plan
Last March, the City authorized MKN & Associates to proceed with preparation of an updated Wastewater Master Plan. The City’s last Wastewater Master Plan update was completed in 2012 and did not include an evaluation of the WRF to serve existing and ultimate influent flow capacity. .MKN delivered the final Wastewater Master Plan to the City in April 2024, including development of a 15-year CIP program.
DIVISION PERFORMANCE REPORTS:
Administration & Engineering Division:
Recruitment:
Noel Medina was promoted from Administrative Analyst I to Permit Technician - Public Works assigned to the Public Works Administration and Engineering Division. His start date was March 11, 2024. Recruitment notice for the open Administrative Analyst I position closed on April 21, 2024. Candidate applications are under review and a new hire is anticipated to be selected in May 2024.
Three-Year Professional Service Agreement Activity FY 23-24:
Permitting Activity:
Staff reviewed, approved and inspected the following permit applications for various utilities, companies and contractors:
Vendor Name Agreement Description
FY 23/24
Encumbrance
Budget
FY 23/24
Activity 7/1/23 -
3/31/24
Encumbrance Balance
Encompass Consulting Group 3-Year Agreement - Civil Engineering Services and Surveying $ 167,395.00 $ 7,155.80 $ 160,239.20 GSI Water Solutions, Inc. 3-Year Agreement - Groundwater Monitoring $ 170,446.00 $ 114,541.10 $ 55,904.90
Jensen Design & Surveying, Inc. 3 -Year Agreement -Engineering Design and Land Surveying Services $ 62,400.00 $ 1,005.00 $ 61,395.00 Larry Walker & Associates 3-Year Agreement - Waste Water Discharge Permit Compliance $ 66,000.00 $ 36,569.75 $ 29,430.25 M6 Consulting, Inc.
Consulting Services to provide support for
the Public Works as Interim City
Engineer
$ 249,200.00 $ 177,902.88 $ 71,297.12
MKN Associates, Inc. Water and Storm water Program - Year 1 of 3 Rollovers and Year 2 of 3 $ 1,869,943.95 $ 420,483.19 $ 1,449,460.76 Northern Digital, Inc. On-call and Emergency Scada
Maintenance $ 50,000.00 $ 4,717.50 $ 45,282.50
Phoenix Civil Engineering, Inc.
3-Year Agreement - Civil Engineering,
Project and Construction Management,
Water and Wastewater Engineering,
Hydrology and Storm water
$ 128,539.00 $ 35,327.75 $ 93,211.25
Sam Hill & Sons, Inc. Emergency Water Main Repair $ 140,000.00 $ 53,557.87 $ 86,442.13 Yunex LLC 3-Year Agreement - Traffic Signal
Maintenance $ 50,358.92 $ 7,737.84 $ 42,621.08
$ 2,954,282.87 $ 858,998.68 $ 2,095,284.19
14 Utility Encroachment Permits
Issued Inspected
SCE: 25 25
SCG: 2 16
Frontier: 3 1
AT&T: 1 0
Sidewalk Imp: 2 1
Driveway Imp: 3 2
City Water: 5 3
Total: 41 48
Other Permits
Issued
Roll-off Bin: 13
Oversize Transportation: 28
Fire Flow Test: 13
Temp FH Water Meter 1
Site Grading 1
Total: 56
Water Division:
CATEGORY DEC JAN FEB MAR
Total Potable Water Produced (MG) 93.98 81.70 71.85 82.13 Water Quality Samples 65 66 60 65
Main Line, Service Line, Meter Valve Leak Repairs 8 14 6 6 Customer Service Requests Addressed 41 76 44 65
USA Dig-Alert Tickets 104 112 101 115
Meter Reads & Re-reads 8158/66 8158/39 8158/158 8158/114 Meter Installations & Replacements 32 74 80 34
Lock-Offs 90 79 74 110
Following its construction, the new Mesa Tank 1 (Eastern Tank) was placed into service early March after meeting regulatory compliance requirements including the amendment to Santa Paula’s Water System Permit. The demolition of the existing Mesa Tank 2 (Western Tank) immediately followed, and the new Mesa Tank 2 is expected to be constructed and placed into service in the 3rd quarter of this year. Water staff compiled a comprehensive list of SCADA modifications aimed at enhancing efficiency and reliability and is nearing 50% completion working diligently alongside contractors. Significant progress to the Harvard Water Replacement project continues with only Palm to 4th street left to tie in.
The new Water System Operator career tract cross training program continues to progress with nearly half of the operations staff currently working as full capacity Water System Operators. Several staff members are enrolled either in Water Treatment and Distribution courses, or under work experience verification through the SWRCB as they work towards their certifications.
• John Zavala (WSO I) received the SWRCB Grade II Water Distribution Certification.
• Nick Lane (WSO IV) received the SWRCB Grade III Water Treatment Certification.
15 Wastewater Division:
The Water Recycling Facility (WRF) continues to run smoothly and systems are functioning normally. Ventura Regional Sanitation District (VRSD) took over contract operation of the WRF on April 17, 2021 and has provided improved operation of the WRF. VRSD has continued to perform routine maintenance and repairs to all facility systems. All regulatory requirements are being met and all critical equipment alarms, facility alarms and emergency response systems have been continuously monitored.
Referencing the table below, the average composite chloride concentration in the treated effluent and surrounding groundwater monitoring wells has showed a slight decrease compared to the previous activity report but remained above Regional Board’s maximum allowable chloride concentration of 110 mg/L in December 2023, January 2024, and March 2024. In November 2023, the draft Chloride Source Identification Study was presented to City Council based on results of monitoring performed within the wastewater collection system. At this time, staff has been directed to move forward with the second phase of the Chloride Study, including additional monitoring to further refine potential chloride sources in the collection system. See further discussion for the Water Recycling Facility Advanced Water Treatment Facility Project under the Capital Improvement Program section of this report.
Volumes and chloride concentrations for effluent and groundwater between December 2023 and March 2024 are summarized in the table below. Although the recent trend (with the exception of February and March 2024) is above the Regional Board limit of 110 mg/L, the WRF effluent chloride concentrations are still well below historical levels. This trend for the treated effluent has generally correlated with the trend for groundwater chlorides.
CATEGORY DEC JAN FEB MAR
Total Raw Wastewater Received in Millions of
Gallons (MG)* 65.4 79.8 64.7 63.8
Total Treated Effluent Discharged to Percolation
Ponds (MG) 55.2 53.6 64.3 59.9
Total Reused Water Used Within Facility Process
(MG) 1.87 2.16 1.99 1.51
Total Biosolids Transported to Permitted Disposal
Facility (Tons) 236.2 228.5 232.1 334.1
Treated Effluent: Avg. Composite Chloride
Concentration (mg/L) 119.8 118 107.3 116
Groundwater Monitoring Wells: Average, Composite
Chloride Concentration (mg/L) 118 116 107 110
∗ Due to hydrologic factors resulting from the design of the WRF influent headworks, the influent flow meter experiences more turbulence than the effluent flow meter. Effluent flow meter reading accuracy has been verified.
16 Fleet Division:
The Fleet Division conducted 261 inspections, repair and maintenance service orders addressing 108 on-road and off-road vehicles. Some vehicles were assigned more than one service order from December 1st, 2023 through March 31st, 2024.
The Fleet Division is certified with the California Air Resources Board compliance with the new Advanced Clean Fleets Regulation and new TRUCRS Fleet reporting regulation, which was implemented January 1, 2024.
Fleet technicians Darin Howard and Sergio Guerrero have been certified in Light Duty Diesel Emission System though the Garage Gurus program.
Vehicle service order activity for December 2023 through March 2024 is provided below:
DEPARTMENT VEHICLES SERVICED SERVICE ORDERS
Police 55 130
Public Works 35 75
Parks & Recreation 14 47
Community Development 3 6
Information Technology 1 3
TOTAL 108 261
Streets Division:
Streets Division activity for December 2023 through March 2024 is provided below:
CATEGORY DEC JAN FEB MAR TOTAL
Street Sweeping Mileage 397 440 439 605 1,881
Potholes Repaired (Tons) 79(8.5) 125(10) 127(10.2) 250(26.3) 581(55) Curb Painting (LF) 45 25 15 60 145
Banners Setup 42 42 4 29 117
Permitted Event Setup 1 0 2 0 3
Camps / Dumpsites Removed 4 6 7 3 20
Hazmat Call Outs 0 0 1 0 1
Carcass Removal 1 0 0 1 2
Storm water Systems Cleaned 5 5 5 5 20
Traffic Sign Installations 3 5 5 8 21
Sidewalks Repaired (LF) 6 9 12 0 27
USA’s: Sewer & Signals 104 111 84 115 414
17 Solid Waste Division:
Athens continues to provide solid waste collection and hauling services in accordance with their new franchise agreement. From December 1, 2023 to March 31, 2024, Athens collected 6443.07 tons of solid waste and 3241.21 tons of recycling and organics waste. Recycling and organics waste totals do not include third-party diversion tonnage.
From December 2023 through March 2024, Athens Services continued the implementation of the Solid Waste Franchise Agreement. They continued to educate and inform customers on the new organic’s programs. Athens continued to share their Commercial outreach packet with new and current customers. At these visits Athens distributes materials and resources to encourage participation in the organics program and increase diversion.
In Q4 of 2023, Athens distributed a residential newsletter with information on organic waste and how to recycle your Christmas Tree, proper recycling of gift bags and boxes and holiday scheduling.
Outreach
From December through March, Athens’ outreach efforts included visiting and completing the Waste Assessments for 232 accounts that included getting all businesses and multifamily homes compliant with AB341 and SB1383. Athens worked with numerous small business owners to help them increase their recycling and organics services in order to avoid contamination.
While visiting and speaking with property managers, Athens worked with multiple MFDs on Santa Barbara Street to right size accounts and has been proactive about identifying bin repairs and/or replacement. Athens also continues to provide signage for customers to educate tenants on what goes where and assist property managers in educating tenants on how to properly use their organics carts.
In the new year, Athens has focused on working with customers to make sure containers are accessible and serviceable. Athens has also continued their outreach with the SPUSD to check in on progress of the Zero Waste Schools Program outlined in 2023. SPUSD mentioned that the program is going well, they have worked on getting all schools compliant and are currently waiting on delivery of some internal containers for the schools.
Community Participation
In accordance with the franchise agreement community participation from Athens Services is required. From December 2023 through March 2024, Athens Services provided sponsorships and actively participated in events put on by local organizations. Athens supported 6 initiatives and events across 5 different organizations. These organizations include, but are not limited to, The Boys and Girls Club of Santa Clara Valley, The Santa Paula Optimist Club, and The Santa Paula Chamber of Commerce. At the request of Chief Aguilar, Athens supported the National Latino Police Officers Association – Ventura County Chapter with an Officer Training Sponsorship.
18 CalRecycle Annual Reporting
The CalRecycle 2023 Annual Report Will be filed by August 1, 2024. The City tracks all programs as required by CalRecycle regulations and all associated bills (AB939, AB 341, AB1826 and SB 1383). The City continues to coordinate with Athens and the local landfills to ensure that tonnages disposed are properly allocated to the city.
This upcoming 2023 Annual Report also requires updates on the City’s compliance with the Model Water Efficient Landscape Ordinance (MWELO) and CALGreen Construction & Demolition Debris removal activities as required in the City’s building Code.
CalRecycle SB 1383 Local Assistance Grant
In May 2022, CalRecycle awarded grants to the City to assist with the implementation of SB 1383. The City received $44,282.00. To date staff has been expending the funds for the implementation costs related to SB 1383 as billed by our solid waste consultant. As there remains a large amount to be expended, staff is evaluating the procurement of organic materials for distribution and a proactive outreach program. The monies allocated in specific budget categories can be updated to accommodate these expenditures. Any remaining funds are to be returned to CalRecycle after November 1, 2024.
SB 1383 Local Assistance Grant
(OWR1): Budget Category Total Budget
Approved EIS
Expended
Amount
Reconcile/Reimburse
Amount
Admin Costs $7,282.00 $7,282.00
Collection
Compliance/Inspection/Visit/Enforcement $14,000.00 $8,537.00 $5,463.00 Education $14,000.00 $14,000.00
Enforcement
Equipment
Indirect Costs
Marketing/Promotion/Outreach
Materials
Personnel $9,000.00 $9,000.00
Total Received $44,282.00 $8,537.00 $35,745.00
In November 2023, the City submitted an application to CalRecycle for the second distribution of SB 1383 Local Assistance Grant funds OWR4. The minimum amount for application submittal was $75,000. Once awarded, this amount was increased to 89,465.00.
The City has two years to expend these funds. The expenditures in accordance with the increased budget are anticipated in the following categories:
SB 1383 Local Assistance Grant
OWR 4: Budget Category Total Budget
Capacity Planning/Program Evaluation/Gap Analysis $ 2,000.00 Edible Food Recovery - Personnel $ 5,000.00
Education $ 15,000.00
19 Personnel $ 37,465.00
Procurement - Organics, Recycled Content Paper Products $ 15,000.00 Record Keeping $ 15,000.00
Total Funds Applied For $ 89,465.00
Asset Management System
Staff continues working with MKN and VRSD to ramp up the Maintstar Asset Management and Work Order System at the Water Recycling Facility. The objective is to ensure the smooth functioning of the Maintstar program at the facility and explore any modifications required to improve the program's care and maintenance recording schedule. The process will lead to the elimination of outdated work order processes for replaced and/or upgraded assets while incorporating new programming and related standard maintenance procedures.
Staff continues to evaluate and monitor progress.
20 To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: APPROVAL OF MINUTES
City Council Special Minutes April 17, 2024
City Council Regular Minutes April 17, 2024
Date: May 1, 2024
Agenda Item: 9.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends Council approve minutes.
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:
21 2024.04.17 City Council Special Minutes.pdf
2024.04.17 City Council Regular Minutes.pdf
22 CITY OF SANTA PAULA
City Council Special Meeting
April 17, 2024, 4:00 PM
MINUTES
SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Cornejo called the meeting to order at 4:00 p.m.
2) ROLL CALL
Members Present: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, and Andy Sobel
3) PUBLIC COMMENT
None.
4) ORDER OF BUSINESS
4.A) COMMITTEE/COMMISSION/BOARD INTERVIEWS
Council interviewed applicants for Parks & Recreation Commission, Measure T Oversite Committee, and Affordable Housing Trust Fund Oversite Committee.
5) ADJOURNMENT
Mayor Cornejo adjourned the meeting at 5:30 p.m.
Julie Latshaw, City Clerk
ATTEST:
23 CITY OF SANTA PAULA
City Council Regular Meeting
April 17, 2024, 6:30 PM
MINUTES
REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Cornejo called the meeting to order at 6:30 p.m.
2) INVOCATION
Reverend Seikai provided the Invocation.
3) FLAG SALUTE
Councilmember Sobel led the flag salute.
Members Present: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, and Andy Sobel
4) ROLL CALL
Members Present: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, and Andy Sobel
5) PUBLIC COMMENT
Debbie Johnson was called to speak announcing the K-9 Foundation Spaghetti Dinner fundraiser.
6) PRESENTATIONS
6.A) POLICE MEMORIAL WEEK PRESENTATION AND PROCLAMATION Mayor Cornejo presented the Police Officers Memorial Week Proclamation.
Retired Officer Brad Talent, with Santa Paula Police Memorial Committee, introduced many other Officers and Committee members.
Councilmember Carlos Juarez, retired Police Officer, spoke of the Santa Paula Police Department, presenting the memorial bell to Chief Aguilar 24 and the Santa Paula Police Department, announcing the upcoming Memorial on May 11th, where the memorial bell will be used.
6.B) FAIR HOUSING PROCLAMATION
Mayor Cornejo presented the Fair Housing Proclamation to the Ventura County Coastal Association of Realtors.
6.C) COMMUNITY EMERGENCY RESPONSE TEAM (CERT)
RECOGNITION
Kate Watkins, Emergency Services Coordinator, provided a presentation on the Community Emergency Response Team (CERT), and recognition to the residents who graduated the 6 week program.
6.D) VENTURA COUNTY FIRE DEPARTMENT REPORT
Fire Chief Joe Williams provided the Ventura County Fire Department Report.
7) CITY COUNCIL REPORTS
Councilmember Crosswhite:
Attended Southern California Association of Governments; Legislative visit to Sacramento; Ventura County Transportation Commission; Local Area Formation meeting; Arbor Day Ceremony; Santa Paula Police Department new hire swearing in ceremony; and Santa Paula Leadership launch dinner.
Councilmember Juarez:
Attended Ventura Regional Sanitation District; Senior Advisory Committee; Santa Paula Police Department new hire swearing in ceremony; and has been tasked with conducting orientation for new Officers.
Vice Mayor Chavez:
Announced copies are available of his City Council Member Report; attended Santa Paula Police Department new hire swearing in ceremony; Cesar Chavez March; Arbor Day; Santa Paula Future Leaders Academy; Creating Community forum; and announced upcoming events.
Councilmember Sobel:
Attended Santa Clara River Preserve; announced upcoming events; Santa Paula Police Department new hire swearing in ceremony; Union Oil Building Ad Hoc; and Broadband Committee.
Mayor Cornejo:
Attended Women of the Year event; Board of Supervisor vote on permit revocation; Santa Paula Business Roundtable; Santa Paula Police Department new hire swearing in ceremony; and Santa Paula Leadership Academy. 8) CITY MANAGER REPORTS
City Manager Singer:
Reported on the Santa Paula Leadership Acadamy; announced the City of 25 Santa Paula is the third Tree City USA designation; and announced upcoming events.
9) CONSENT CALENDAR
9.A) APPROVAL OF MINUTES
City Council Regular Minutes March 20, 2024
City Council Regular Minutes April 3, 2024
9.B) MARCH 2024 WARRANTS AND CERTIFICATIONS
9.C) FISCAL YEAR 2024-2025 PROJECT LIST FOR SENATE BILL 1 ROAD
MAINTENANCE AND REHABILITATION FUNDING
This item was pulled for separate discussion and vote.
City Engineer Bob Woodward answered questions for Council.
Motion: Approve Resolution No. 7510 approving the Fiscal Year 2024- 2025 Project List for Senate Bill 1 (Road Repair and Accountability Act of 2017) Road Maintenance and Rehabilitation Account Funding.
Moved by Pedro A Chavez, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel
9.D) DISASTER RECOVERY AND EMERGENCY FUNDING
REIMBURSEMENT UPDATE
9.E) ROBERT WILLIAM COMPANY, LLC AMENDMENT NO. 3
9.F) A. GUTIERREZ PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO. 2
9.G) SPORTS PARK SPECIFIED GRANT FUNDS RESOLUTION NO. 7511 This item was pulled for separate discussion and vote.
Parks & Recreation Director Greg Barnes answered questions for Council.
Motion: Approve Resolution No. 7511 authorizing staff to submit a project application for the Specified Grant Funds Program.
Moved by Pedro A Chavez, seconded by Carlos Juarez
Vote: Motion carried 5-0
Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel
Vice Mayor Chavez requested items 9.C. and 9.G. pulled for separate discussion and vote.
Mayor Cornejo recused from the minutes of April 3, 2024, on item 9.A. 26 Motion: Approve Consent Calendar items 9. A, B, D, E, F. Mayor Cornejo recused on Item 9.A, minutes for April 3, 2024.
Moved by Carlos Juarez, seconded by Pedro A Chavez
Vote: Motion carried 5-0
Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel
10) ACTION ITEMS
10.A) APPOINTMENTS TO COMMISSIONS AND COMMITTEES
Motion: Approve appointment to Parks & Recreation Commission - Chris Ines-Solis to fill a 3-year term 4/17/2024 - 4/17/2027.
Moved by Pedro A Chavez, seconded by Carlos Juarez
Vote: Motion carried 5-0
Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel
10.B) CITYWIDE WAYFINDING PROJECT UPDATE AND
RECOMMENDATIONS
This item was presented by James Mason, Community & Economic Development Director.
Council provided direction to staff on signage.
Motion: Approve Craftsman style design with the Iconography style to be incorporated into the Craftsman designs for future identification of key city points of interest.
Moved by Pedro A Chavez, seconded by Andy Sobel
Vote: Motion carried 5-0
Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel
10.C) ADVANCED WATER TREATMENT FACILITY DESIGN REFINEMENT STUDY
Michael Nunley with MKN & Associates presented findings of the Advanced Water Treatment Facility Design Refinement Study.
Motion: Approve staff to proceed with the “Phased Project” implementation of the Advanced Water Treatment Facility Project.
Moved by Andy Sobel, seconded by Carlos Juarez
Vote: Motion carried 5-0
Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel
10.D) SELECTION OF UNDERGROUND UTILITY DISTRICT PROJECT IN CONJUNCTION WITH THE SOUTHERN CALIFORNIA EDISON "RULE
20A" PROGRAM
27 This item was presented by Interim City Engineer, Bob Woodward.
Council provided staff with direction in conjunction with Southern California Edison on "Rule 20A) program, exploring 10th Street as the first option, and Telegraph as the backup.
10.E) SELECTION OF CLEAN POWER ALLIANCE (CPA) RATES FOR CITY
UTILITY ACCOUNTS
This item was presented by Jonathan Royas, Deputy City Manager.
Motion: Approve providing direction to staff on the City's energy rate product selection for identified City accounts and authorize the City Manager to notify the CPA Board of such selection(s).
Moved by Pedro A Chavez, seconded by Andy Sobel
Vote: Motion carried 5-0
Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel
10.F) MEASURE T OVERSIGHT COMMITTEE GUIDELINES AMENDMENT Motion: Approve Resolution 7512 amending the Measure T Oversight Committee Guidelines to further refine the definition of "public employee."
Moved by Pedro A Chavez, seconded by Andy Sobel
Vote: Motion carried 5-0
Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel
11) ITEMS FOR FUTURE AGENDAS
11.A) FUTURE AGENDA ITEMS
Vice Mayor Chavez submitted an Agenda Request Form requesting to remove the existing Cruising Ordinance from the Santa Paula Municipal Code. Staff will place this on a future agenda providing Council with analysis of the California State Law, and the request for City Manager to bring back with an ordinance.
12) ADJOURNMENT
Mayor Cornejo adjourned the meeting at 10:36 p.m.
Julie Latshaw, City Clerk
ATTEST:
28 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH m6 CONSULTING, INC.
Date: May 1, 2024
Agenda Item: 9.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
Authorize the City Manager to execute Contract Amendment No. 1 in the amount of $76,815.00 to the Professional Services Agreement with m6 Consulting, Inc. in a form approved by the City Attorney.
BACKGROUND:
On October 4, 2023 the City Council approved a Professional Services Agreement (PSA) with m6 Consulting for engineering services in support of the Public Works Department and related city engineering services. The scope of these efforts addresses a broad range of engineering administration, capital project development and support and related services essential for the continued function of the Department.
ANALYSIS:
The later portions of 2023 and early 2024 reflected a significant increase in city engineering efforts related to capital improvement project development, inclusive of the Telegraph Road Widening, Harvard/Main Roundabout, Peck/Harvard/Main Traffic Signal, Crosstown Bikeway, SCE Rule 20 Underground, Corporation Street Storm Drain and 6 th Street Storm Drain
projects. Development of an annual right-of-way encroachment permitting process for all franchise utilities, additional efforts related to the CIP Planning Workshop with related project and budgetary projections, as well as the planning and forecasting for Cycle 2 of the City’s Pavement Management Program (PMP) all contributed to additional efforts beyond the baseline of projects and activities anticipated in the scope of work included in the PSA Work Order issued to m6 Consulting. As the cumulative total for the original Work Order and the additional efforts contemplated in the current Amendment exceed $250,000, City Council approval of Amendment No. 1 is required (Exhibit A). This Amendment will allow for continued city engineering services to support the City through June 30, 2024. The Draft Work Order, incorporating the additional services proposal from m6 Consulting, is attached as Exhibit B.
STRATEGIC PLAN:
29 The Project supports the currently adopted Strategic Plan in achieving the following goals:
Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.
FISCAL IMPACTS:
Work Order 23-03003 was issued to m6 Consulting on October 18, 2023 for $249,200.00.
Amendment No. 1 proposes an increase of $76,815.00 for a total contract value not to exceed $326,015.00.
Account Description Orig. Contract Amended New Contract Public Works Engineering Services
100-5-5011-209 General Engineering - Professional Services - Other $ 62,775.00 $ - $ 62,775.00 280-5-5021-209 Gas Tax Engineering - Prof/Contr Svcs-Other $ 27,225.00 $ - $ 27,225.00 610-5-5061-209 Sewer Engineering- Prof/Contr Svcs-Other $ - $ - $ - 620-5-5071-209 Water Engineering - Prof/Contr Svcs-Other $ - $ 23,200.00 $ 23,200.00 Total for Engineering Budget $ 90,000.00 $ 23,200.00 $ 113,200.00 Public Works Capital Project
104-5-9285-290 Measure T - Slurry Seal Pavement Rehab Program $ 31,700.00 $ 9,260.00 $ 40,960.00 104-5-9359-290 Gas Tax - Slurry Seal Pavement Rehab Program $ 24,300.00 $ 15,705.00 $ 40,005.00 281-5-9297-660 Local Transportation TDA - Crosswalk Safety Improvement $ 22,400.00 $ 5,605.00 $ 28,005.00 620-5-9324-660 Harvard Blvd Water Mainline Replacement $ 20,100.00 $ 5,850.00 $ 25,950.00 610-5-9286-660 Harvard Blvd Sewer main Replacement $ 20,100.00 $ 5,850.00 $ 25,950.00 610-5-9227-660 Advanced Reverse Osmosis Treatment Facility $ - $ - $ - 620-5-9108-660 Water Main Replacement Program $ 16,400.00 $ 3,715.00 $ 20,115.00 620-5-9299-660 Mesa Tank Rehab/Replacement $ 16,000.00 $ 5,025.00 $ 21,025.00 620-5-9236-290 Crosstown Pipeline Project $ 8,200.00 $ 2,605.00 $ 10,805.00 Total for Capital Projects $159,200.00 $ 53,615.00 $ 212,815.00 Grand Total Budget Balances $249,200.00 $ 76,815.00 $ 326,015.00 OPTIONS:
The Council has the following available alternative options to staff’s recommendations:
1. Do not approve Amendment No. 1 to the Professional Services Agreement with m6 Consulting, Inc. Doing so would negatively impact the continuation of city engineering services to the City.
ATTACHMENTS:
EXHIBIT A - First Amendment PSA_M6 Consulting to 3-Year Agreement.pdf EXHIBIT B - Draft Work Order and m6 Proposal.pdf
30 EXHIBIT A
First Amendment to the Professional Services Agreement
with m6 Consulting, Inc.
31 FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF SANTA PAULA AND
M6 CONSULTING, INC.
THIS FIRST AMENDMENT (“Amendment”) is made and entered into this 1st day of May 2024, by and between the CITY OF SANTA PAULA, a general law City and Municipal Corporation existing under the laws of California (“CITY”), and M6 Consulting, Inc.. (“CONSULTANT”).
1. RECITALS. This First Amendment is made with reference to the follow facts and objectives:
A. On October 4, 2023, the City and Consultant entered into a On-Call Services Agreement (the “Agreement”);
B. The Agreement authorizes the CITY to utilize the Consultant to provide civil engineering, project manament, traffic engineering and hydrology and stormwater services.
C. CITY and the Consultant now mutually desire by the First Amendment to the Agreement (“Amendment”) to amend the term of the Agreement as set forth below.
2. AMENDMENT. In consideration of the foregoing and pursuant to Section 3.7.14 of the Agreement, the Agreement is amended as follows:
A. Subsection 3.2.1 of Section 3, entitled “Compensation,” is hereby amended to read as follows:
3.2.1 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 Three Hundred Twenty Six Thousand Fifteen Dollars and No Cents ($326,015.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3. 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.
32 FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF SANTA PAULA AND
M6 CONSULTING, INC.
4. LIMITED AMENDMENT. Except as modified by this Amendment, all other terms and conditions of the Agreement, as amended by this First Amendment, remain in full force and effect. In the event of a conflict between this Amendment and the Agreement, the provisions of the Agreement control
This Amendment is executed on and shall become effective this 1st day of May 2024, at Santa Paula, California
CITY OF SANTA PAULA M6 CONSULTING, INC.
_________________________________ ____________________________ Dan Singer,
City Manager
ATTEST:
_____________________________ _____________________________ Julie Latshaw,
City Clerk
APPROVED AS TO FORM: Taxpayer ID No.
**2nd _________________________________ Signature required for Corporations.
Seth Merewitz,
Interim City Attorney
33 EXHIBIT B
Draft Work Order and m6 Consulting, Inc. Proposal
34 35
36 37
38 39
40 41
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH PHOENIX CIVIL ENGINEERING FOR THE HARVARD
BOULEVARD WATER AND SEWER PIPELINE REPLACEMENT AND
PAVING REHABILITATION PROJECT
Date: May 1, 2024
Agenda Item: 9.C
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to execute Contract Amendment No. 1 to the Professional Services Agreement with Phoenix Civil Engineering in a form approved by the City Attorney.
2. Approve budget adjustments as shown in Table 3 of the Staff Report to allocate $165,252.80 in funds from the Water Replacement Program and Harvard Sewer Replacement Program to the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project, to complete the necessary funding of $1,365,435.80 needed for this contract.
BACKGROUND:
On December 15, 2021 the City Council approved plans and specifications for the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project (Project). The Project, which contemplates the replacement of 9,000 lineal feet of new water main, 8,000 lineal feet of sewer main and 725,000 square feet of pavement on Harvard Boulevard over an 18-month period, is currently in construction.
On June 15, 2022, the City Council approved a Professional Services Agreement with Phoenix Civil Engineering (Phoenix) for $979,380 for construction management, materials testing, and associated construction period services for the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project.
On March 6, 2024, the City Council approved budget adjustments and allocations for the Harvard Boulevard Project. A portion of these additional funds were intended for professional services and staff identified that this item would be brought before City Council at a future time.
Several delays have been experienced through the duration of the construction phase of this 42 project. These are primarily caused by having encountered numerous unmarked and unknown utilities, poor soil conditions that exist on the west side of town that has been affecting the production of construction, and major weather impacts which prevent working during rain events. The following is a summary of project issues which correlate to schedule impacts:
30+ working days due to inclement weather. Inclement weather is a rain event where no work is performed by the Contractor.
16 working days due to initial project work suspension for holiday period on Acacia Road to not subject the residents on the narrow street with construction activities over the holidays.
31+ working days to revise the design plans to address the existing utility pothole information conflicts.
21+ working days of additional work that was requested to be performed through field orders. Some of these are replacing water services, replacing broken water valves, etc.
ANALYSIS:
Over the course of the construction of the project, additional scope and project duration has been added to the construction project. The approved scope of work for Phoenix specified eighteen (18) months of construction and five (5) months for administrative and close-out activities. At present the project is currently in its 20th month of construction. Phoenix spent four (4) months in the beginning of the project for coordination and early submittal review.
Phoenix is requesting a contract extension through October 2024 to cover the additional construction and office time, including administrative project close-out activities after construction is complete (Exhibit A).
The additional effort includes:
Submittal and RFI reviews have exceeded the amount specified in the proposal.
The original approved contract duration was 18 months of construction. The current construction estimate of completion is 24 months.
The contractor has elected to utilize two crews to expedite the work, rather than working linearly. While this has many benefits to the overall timeframe, Phoenix did not budget for two full-time inspectors.
Throughout the project there have been numerous unforeseen issues due to mislocated or unknown utilities and contractor complications. These issues have increased the amount of time that Phoenix has had construction inspectors onsite, as well as afterhours coordination and redesign.
The increased duration and delays have also increased the number of mobilizations and on-site time required for the geotechnical materials testing firm.
It has been necessary to repair water pipelines and laterals (not part of the original scope) during the project that were either damaged or as requested by the City.
This effort has required detailed design and additional inspection.
The City has requested the addition of bicycle shared lane markings and bike specific signage be added to Harvard Blvd. The design of this shared bicycle/vehicle lane environment has been completed and added to the current project plan set.
Due to the extended time that the waterline installation required, Union Materials Testing will also require an additional budget for geotechnical materials testing for the remainder of the project. Phoenix will coordinate and manage the inspection. 43 STRATEGIC PLAN:
The Project supports the currently adopted Strategic Plan in achieving the following goals:
Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.
FISCAL IMPACTS:
Amendment No. 1 to Phoenix Civil Engineering for the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project proposes an increase of $386,055.80 for a total of $1,365,435.80 (Exhibit B). The total project budget is shown in Table 1 below.
The contract amendment breakdown by fund is shown in Table 2. Amendment No. 1 is contingent upon City Council approval of the required budgetary allocations and adjustments reflected in Table 3.
Table 1: Project Construction Costs
Description Original Amount
Project Increase
(Approved 3/6/24)
Project Increase
(New Request)
Total Project Costs
Construction 16,278,052 0 0 16,278,052
Management 979,380 220,803 165,253 1,365,436
Contingency 813,903 572,819 0 1,386,722
Total 18,071,335 793,622 165,253 19,030,210
Table 2: Phoenix Contract (Project Management) Breakdown 2023-2025 CIP
Program
Account Original Contract
Amount Contract Adjustments
Requested
Amendment
Total
Contract
Amount
SB1 Streets 283-5-9285-660
137,113
0 220,803 357,916
Water Main
Replacement
620-5-9108-660 381,958 (381,958) 0 0
Sewer Pipeline
Rehabilitation
610-5-9215-660 460,309 (460,309) 0 0
Harvard Blvd
Project
610-5-9386-660 460,309 99,152 559,461
Harvard Blvd
Project
620-5-9386-660 381,959 66,101 448,060
979,380 0 386,056 1,365,437
Table 3: Budget Adjustments Needed in order to fund the new project increase request of $165,253
2023-2025 CIP Program Account Decrease Increase
Harvard Boulevard Project 620-5-9386-660
$66,101.12
Harvard Boulevard Project 610-5-9386-660 $99,151.68
44 Water Main Replacement
Program
620-5-9108-660 $66,101.12
Harvard Sewer Replacement 610-5-9286-660 $99,151.68
OPTIONS:
In addition to the recommended action, the Council has available to it the following alternative option:
1. Do not approve Amendment No. 1 to the Professional Service Agreement with Phoenix Civil Engineering for additional inspection services. Doing so would negatively impact this important project by not providing construction management and inspection of the pipelines and their appurtenances as well as the street improvements for Harvard Boulevard.
ATTACHMENTS:
EXHIBIT A - Phoenix Civil Engineers Proposal.pdf
EXHIBIT B - Amendment No. 1 to Phoenix Civil Engineers PSA.pdf 45 EXHIBIT A
Phoenix Civil Engineers Amendment Proposal
46 Mr. Bob Woodward, PE April 11, 2024
Interim City Engineer
City of Santa Paula
866 E. Main St.
Santa Paula, CA 93060
City of Santa Paula –Construction Phase Services for the Harvard Blvd. Waterline Replacement and Paving Projects – Fee Amendment No. 1
Dear BobThis proposal is for additional construction management services for the City of Santa Paula Public Works Department (PWD) for the Water and Sewer Pipeline Replacement and Pavement Projects within Harvard Blvd from 10th Street to Peck Rd. Over the course of the construction additional scope and project duration has been added to the construction project. The additional effort includes:
• Submittal and RFI reviews have exceeded the amount specified in the proposal. • The original approved contract duration was 18 months of construction. The current construction estimate of completion is 24 months.
• The contractor has elected to utilize two crews to expedite the work, rather than working linearly. While this has many benefits to the overall timeframe, Phoenix did not budget for two full-time inspectors.
• Throughout the project there have been numerous unforeseen issues due to mislocated or unknown utilities and contractor complications. These issues have increased the amount of time that Phoenix has had construction inspectors onsite, as well as after-hours coordination and redesign.
• The increased duration and delays have also increased the number of mobilizations and on-site time required for the geotechnical materials testing firm. • It has been necessary to repair water pipelines and laterals (not part of the original scope) during the project that were either damaged or as requested by the City.
This effort has required detailed design and additional inspection. • The City has requested the addition of bicycle shared lane markings and bike specific signage be added to Harvard Blvd. The design of this shared bicycle/vehicle lane environment has been completed and added to the current project planset.
As directed early in the project, Phoenix has been utilizing the approved funds for both original scope and out of scope work in an effort to keep the project moving. Specific Scope changes are listed below:
• Project Duration:
o The approved scope of work specified eighteen (18) months of construction and five (5) months for administrative and close-out activities. The project is 47 currently in its 20th month of construction. Phoenix spent four (4) months in the beginning of the project for coordination and early submittal review. Phoenix is requesting a contract extension through October 2024 to cover the additional construction and office time.
• Phase 3: Construction Phase Services
o Task 3.0 – Design Services During Construction (included in FO/RFIs/COs) • Phoenix assisted with utility conflicts in the field that were not known prior to construction. These utilities required additional meetings, preparation of exhibits and coordination with contractor and agency representatives to redesign the sewer pipeline alignment to accommodate the conflicts.
• Additionally, gas and SCE utilities were found that required additional design and coordination to discuss relocating those utilities and redesigning the current alignment for sewer within Acacia Dr.
• Prepared drawings and clarifications for the utility conflicts. • Phoenix assisted with utility conflicts in the field that were not known prior to construction associated with the Palm Ave storm drain as well as accommodating the contractor identified constructability changes. • Coordinated with the Contractor on providing the information for the County As-Built of the two bore/jack casing pipes at the VCWPD Fagan channel at Steckel Drive as well as redesigning the pipeline to coordinate with unknown utility conflicts.
• Phoenix assisted with utility conflicts in the field that were not known prior to construction. These utilities required additional meetings, preparation of exhibits and coordination with contractor and agency representatives to redesign the alignment as designed. Continued coordination with SCE and SCGas has been ongoing.
• Coordinated overtime and effort associated with damage to the existing water line on Steckel Drive and Santa Anna St as well as at Harvard Blvd and Laurie Lane, Acacia Drive and Vernon Street. • Additionally, gas and SCE utilities were found that required additional design and coordination to discuss moving those utilities and redesigning the current alignment for sewer within Acacia Dr. and Steckel Dr., Palm Ave and 7th Street. Prepared drawings and clarifications for the utility conflicts and Manhole conflict.
• Coordinated with the Contractor on providing a new alignment for the waterline at their request.
48 • Coordinated with City and Contractor to design around unknown manhole structure discovered in Harvard.
• Additional redesign work associated with the water line was required in the Peck Rd. intersection to avoid existing utilities and additional traffic control planning to minimize the impact to the community, within the Harvard and Peck Rd. intersection. This involved engineering design, coordination and drafting.
• Additional Contractor generated traffic control plan reviews (71 submittals and resubmittals)
• Additional design and research took place for the addition of the bike lane markings and signage to the project.
o Task 3.1 – Meetings and Site Visits
• 26 additional weekly meetings
• Utility coordination meetings (SCE and The Gas Co.)
o Task 3.2 - Submittal Review
• 100 submittal reviews (50 with 2 reviews each) were included in the original proposal. 195 individual submittals have been reviewed to date. • 20 additional submittals have been added above this amount as the Contractor is still providing submittals for certain activities. o Task 3.3 - Requests for Information (RFIs)
• 40 RFI responses were included in the original proposal. 50 RFIs have been reviewed to date.
• 10 additional submittals have been added as the project work has not been completed.
o Task 3.4 – Work Change Directives (WCDs) and Change Orders • 20 field orders/work change directives were included. 35 field orders/work change directives have been reviewed. 13 change orders were included and 6 have been completed to date. 137 details and drawings have been updated and changed.
• 10 additional FO/CO have been added for future efforts/changes. 30 additional details and plan sheets have been included for updates. o Task 3.5 – Construction Management
• Two inspectors will continue to inspect the water, sewer and pavement installation. The construction inspection includes 2 inspectors for 5 months (through sewer/water) and 1 inspector through month 6 (through paving). Their time has been estimated based on the last three months of sewer/water construction.
• Additional time spent on utility repairs.
49 • Additional time spent on over-time for unforeseen issues and line breaks.
• Additional overtime associated with the contractor working late due to their failure to plan accordingly or unforeseen conditions. o Task 3.6 – Materials Testing
• Additional mobilizations and inspection effort. UMT included 195 mobilizations per the approved proposal. UMT has performed 217 mobilizations and has been onsite 228 hours beyond what was planned.
• Addition of six (6) months of testing and inspection has been added. o Task 3.7 – Public Outreach
• Increased amount of public interaction and coordination due to utility closures.
Fee (breakdown on next page):
We have maintained the budget with two inspectors and the out of scope work for 18.5 months (partial month of March) of construction.
Current Contract: $979,380
Amendment: $386,055.80
Proposed Contract: $1,365,435.80
I appreciate the opportunity to submit this proposal to assist you with this City project. It is our understanding that this work will be added as a part of the current construction phase services contract for the scope of work and fee shown. We also acknowledge that if the Contractor completes the project sooner than anticipated, we will not need to invoice for the assumed level of effort shown above.
Please let me know if you have any questions or would like to discuss my proposal.
Sincerely,
Jon Turner, PE
Principal Engineer
50 Phoenix Civil Engineering, Inc. Amendment 1 Fee Breakdown Task 3.1 Meetings Site Visits $7,067.50 $0.00 $0.00 $7,067.50 Task 3.2 Submittal Review $16,520.00 $0.00 $0.00 $16,520.00 Task 3.3 RFI $16,885.00 $0.00 $0.00 $16,885.00
Task 3.4 WCD Change Orders $13,805.00 $0.00 $0.00 $13,805.00 Task 3.5 Construction Management $246,425.00 $0.00 $0.00 $246,425.00 Task 3.6 Materials Testing/Inspection $0.00 $74,003.00 $7,400.30 $81,403.30 $81,403.30 Task 3.7 Public Outreach $3,950.00 $0.00 $0.00 $3,950.00 $304,652.50 $74,003.00 $7,400.30 $81,403.30 $386,055.80 Phoenix Civil Engineering, Inc. Fee Proposal
Harvard Infrastructure Project
Construction Phase Services
Task Description Phoenix Total Labor Cost UTM 10% Markup Subconsultant Total Total Task 51 EXHIBIT B
Amendment No. 1 to Professional Services
Agreement with Phoenix Civil Engineering,
Inc. for the Harvard Boulevard Water and
Sewer Pipeline Replacement and Pavement
Rehabilitation Project
52 FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF SANTA PAULA AND
PHOENIX CIVIL ENGINEERING, INC.
THIS FIRST AMENDMENT (“Amendment”) is made and entered into this 1st day of May 2024, by and between the CITY OF SANTA PAULA, a general law City and Municipal Corporation existing under the laws of California (“CITY”), and Phoenix Civil Engineering, Inc. (“CONSULTANT”).
1. RECITALS. This First Amendment is made with reference to the follow facts and objectives:
A. On February, 2022, the City and Consultant entered into an agreement for the Construction Phase Services for the Harvard Blvd. Water and Sewer Replacement and Pavement Rehabilitation Project (the “Agreement”); B. The Agreement authorizes the CITY to utilize the Consultant to provide construction management services for the Harvard Blvd. Water and Sewer Replacement and Pavement Rehabilitation Project;
C. CITY and the Consultant now mutually desire by the First Amendment to the Agreement (“Amendment”) to amend the term of the Agreement as set forth below.
2. AMENDMENT. In consideration of the foregoing and pursuant to Section 3.7.14 of the Agreement, the Agreement is amended as follows:
A. Subsection 3.2.1 of Section 3, entitled “Compensation,” is hereby amended to read as follows:
3.2.1 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 One Million Three Hundred Sixty Five Thousand Four Hundred Thirty Five Dollars and Eighty Cents ($1,365,435.80) 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. 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.
53 FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF SANTA PAULA AND
PHOENIX CIVIL ENGINEERING, INC.
4. LIMITED AMENDMENT. Except as modified by this Amendment, all other terms and conditions of the Agreement, as amended by this First Amendment, remain in full force and effect. In the event of a conflict between this Amendment and the Agreement, the provisions of the Agreement control
This Amendment is executed on and shall become effective this 1st day of May 2024, at Santa Paula, California
CITY OF SANTA PAULA PHOENIX CIVIL ENGINEERING, INC.
_________________________________ ____________________________ Dan Singer,
City Manager
ATTEST:
_____________________________ _____________________________ Julie Latshaw,
City Clerk
APPROVED AS TO FORM: Taxpayer ID No.
**2nd _________________________________ Signature required for Corporations.
Seth Merewitz,
Interim City Attorney
54 To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: WATER RECYCLING FACILITY CHEMICAL SUPPLY AGREEMENT Date: May 1, 2024
Agenda Item: 9.D
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
Authorize the City Manager to execute a 3-year contract with Aquapulse Chemicals for the supply and delivery of sodium hypochlorite and citric acid for the Santa Paula Water Recycling Facility.
BACKGROUND:
The Santa Paula Water Recycling Facility (WRF) entered service in 2010 and has been in continuous service since. Part of the treatment process involves using Membrane Bio-Reactor (MBR) Filtration Modules that utilize sodium hypochlorite and citric acid to assist in their filter membrane cleaning efforts.
ANALYSIS:
The estimated annual usage for sodium hypochlorite is approximately 6,000 gallons per year and for citric acid is approximately 4,000 pounds per year. The estimated amounts vary based on flow rate and water quality. To ensure compliance with the effluent requirements set forth in the Waste Discharge Requirement (WDR) Order No. R4-2018-0022-A01, the chemicals are used for both maintenance and recovery cleaning procedures of the MBR modules. The current sodium hypochlorite in use is Starchlor – 12.5% and current citric acid is Citric Acid Solution 50% both by Northstar Chemical which have demonstrated satisfactory performance.
City staff advertised a request for proposals for chemical supply and delivery on February 6, 2024. Five proposals were received and opened on February 8, 2024. Below are the companies that responded to the bid:
Aquapulse Chemicals LLC
Chemrite, Inc.
JCI Jones Chemicals Inc.(submitted a “no bid”)
Northstar Chemical
Univar Solutions USA LLC.
55 The weighting used for comparing bids balanced cost and qualification factors, each accounting for 50% of the evaluation. Notably within the cost criteria, equal weight was given to initial pricing and maximum percentage increase to evaluate both immediate affordability and long-term cost sustainability. The results of the lowest bidder are as follows:
Aquapulse is proposing a price of $2.77 per gallon of sodium hypochlorite with a delivery fee of $100 per delivery. Estimating 6,000 gallons and three deliveries per year of sodium hypochlorite, the yearly cost is approximately $16,920. Additionally, a price of $1.02 per pound of citric acid along with the $100 delivery fee, the yearly cost is approximately $4,280 (estimated 4,000 pounds per year and two deliveries per year). Aquapulse also included a maximum percentage increase for both sodium hypochlorite and citric acid, 11% respectively.
Comparatively, only two other bidders provided a maximum increase percentage, with one exceeding Aquapulse’s rate and the other offering a lower range rate. Despite the differences in maximum increase, Aquapulse emerged as the lowest bidder. Currently the City pays $3.25 per gallon of sodium hypochlorite and $1.70 per pound of citric acid with a $60 delivery fee.
City staff have verified that Aquapulse Chemicals is in good standing with the state, allowing them to conduct business in California. This verification ensures the contractor's credibility and compliance with necessary legal requirements. Aquapulse’s qualifications were confirmed through reference checks and verification of work experience.
Staff finds the contract prices submitted by Aquapulse is an acceptable price that is responsive and meets the requirements of the request for proposals.
STRATEGIC PLAN:
Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.
This contract will facilitate the continued operation of wastewater collections and treatment for City residents and businesses.
FISCAL IMPACTS:
This project will be funded from the Sewer Enterprise Fund’s Operations and Maintenance budget.
Fund CIP Project Account Number
Sewer Enterprise
Water Recycling Facility- Operations
and Maintenance
610-5-5063-228
Costs for supply and delivery of sodium hypochlorite and citric acid during the three-year term not to exceed $50,000 per year. The contract effective date will be May 1, 2024, so the contract will start in the 23-24 fiscal year and conclude in the 26-27 fiscal year. The allocations for the 23-24 and 26-27 fiscal years will be prorated based on the effective date of the contract as described in the table below:
56 Fiscal Year Allocation
2023-2024
1 $8,400
2024-2025 $50,000
2025-2026 $50,000
2026-2027
2 $41,600
Note:
(1): Calculated as: $4,166.67/month * 2 months in FY23/24, or 16.7% of $50,000. (2): Calculated as: $4,166.67/month * 10 months in FY26/27, or 83.2% of $50,000.
Based on the unit pricing provided by Aquapulse and assuming the maximum annual increase of 11% as indicated in their bid, unit pricing over the course of the 3-year contract shall not exceed the following:
Contract Year
Maximum Cost of
NaCl/gal
Maximum Cost of Citric
Acid/lb
May 1, 2024 – April 30, 2025 $2.77 $1.02
May 1, 2025 – April 30, 2026 $3.07 $1.13
May 1, 2026 – April 30, 2027 $3.41 $1.26
OPTIONS:
The Council has the following available alternative options to staff’s recommendations:
1. Do not authorize the City Manager to execute a chemical supply and delivery contract with Aquapulse Chemicals for services at the Water Recycling Facility. This will halt plant operations and place the City out of compliance with its NPDES permit.
ATTACHMENTS:
Exhibit A - Water Recycling Facility Chemical Supply Bid Tabulation.pdf Exhibit B - Water Recycling Facility Chemical Supply Agreement.pdf 57 EXHIBIT A
Water Recycling Facility Chemical Supply Bid Tabulation 58 Project Name:
City, State: Bid Opening Date: Univar SolutionsNorthstar ChemicalChemrite, Inc.Aquapulse ChemicalsJCI Price Proposals
Chemical Supply for Santa Paula Water Recycling Facility Bid Results Santa Paula, CA2/6/2024
Chemical Supply for Santa Paula Water Recycling Facility - $2.77 - Cost of Citric Acid/lb $1.59 $1.55 $1.28 $1.02 - Bidders Cost of NaCl/gal $2.96 $3.20 59 EXHIBIT B
Water Recycling Facility Chemical Supply Agreement
60 65283.00007\41133458.1
-1- PROFESSIONAL SERVICES AGREEMENT
CITY OF SANTA PAULA
SUPPLY SERVICES AGREEMENT WITH
AQUAPULSE CHEMICALS LLC
1. PARTIES AND DATE.
This Agreement is made and entered into this _1st _ day of _May___, 20_24__, 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 Aquapulse Chemicals LLC, a LIMITED LIABILITY COMPANY,], with its principal place of business at 1230 E. 5th Street, Oxnard, CA 93060 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain supply services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing supply of bulk sodium hypochlorite and citric acid services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the Chemical Supply for Santa Paula Water Recycling Facility project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the bulk sodium hypochlorite necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from May , 2024 to April 16, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 61 65283.00007\41133458.1
-2- PROFESSIONAL SERVICES AGREEMENT
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eight Thousand Four Hundred Dollars ($8,400.00) and no cents for FY 2023-2024, Fifty Thousand Dollars and no cents ($50,000.00) for FY 2024-2025, Fifty Thousand Dollars and no cents ($50,000.00) for FY 2025-2026, and Forty One Thousand Six Hundred Dollars and no cents for FY 2026/2027 ($41,600.00) for a total of One Hundred Fifty Thousand Dollars and no cents ($150,000.00) for the three year term of this agreement without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City and included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 62 65283.00007\41133458.1
-3- PROFESSIONAL SERVICES AGREEMENT
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Marc Caprial, Operations Manager
3.3.5 City's Representative. The City hereby designates Clete Saunier, Public Works Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Marc Caprial,, Operations Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such 63 65283.00007\41133458.1
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licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA 64 65283.00007\41133458.1
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requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 65 65283.00007\41133458.1
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3.3.11 Insurance
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): 1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
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3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 68 65283.00007\41133458.1
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(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 69 65283.00007\41133458.1
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3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel 70 65283.00007\41133458.1
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of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must 71 65283.00007\41133458.1
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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:
Consultant: Aquapulse Chemicals LLC
1230 E. 5th Street
Oxnard, CA 93060
ATTN: Marc Capiral, Operations Manager
City: City of Santa Paula
PO Box 569
Santa Paula, CA 93061
ATTN: Clete Saunier, Public Works Director
Such notice shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named above; (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named above; (iii) by overnight courier, on the first (1st) business day after being delivered to a recognized overnight courier; or (iv) on the date and time of delivery shown in the records of the transmitting party after transmission by facsimile machine or email to the recipient named above.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 72 65283.00007\41133458.1
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3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall 73 65283.00007\41133458.1
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indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Ventura County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 74 65283.00007\41133458.1
-15- PROFESSIONAL SERVICES AGREEMENT
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
75 65283.00007\41133458.1
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3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SANTA PAULA AND
AQUAPULSE CHEMICAL LLC
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.
CITY OF SANTA PAULA AQUAPULSE CHEMICAL LLC
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Dan Singer,
City Manager
Approved as to Form:
____________________________________
Seth Merewitz,
Interim City Attorney
Attested By:
Julie Latshaw,
City Clerk
76 65283.00007\41133458.1
EXHIBIT "A"
SERVICES,
EXHIBIT “B”
COMPENSATION,
AND EXHIBIT “C”
COMPENSATION
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To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Deputy City Manager
Subject: VENTURA COUNTY GRANT FUNDING AGREEMENT AND BUDGET
APPROPRIATION
Date: May 1, 2024
Agenda Item: 9.E
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends City Council:
1. Authorize the City Manager to enter into an agreement between the City of Santa Paula and the County of Ventura in a form approved by the City Attorney; and
2. Approve a budget allocation of $350,000.00 in new revenue and matching expenditures from the County of Ventura, as noted in the Fiscal Impact section of this report.
BACKGROUND:
On June 10, 2022, former Mayor Crosswhite drafted a letter to Ventura County Board of Supervisor Kelly Long requesting American Rescue Plan Act (ARPA) funding on behalf of the City of Santa Paula for several important local projects.
On October 11, 2022 the Ventura County Board of Supervisors approved an ARPA grant funding request in the amount of $350,000 to be used for the Boys & Girls Club of Santa Clara Valley and for remodel efforts at the Santa Paula Community Center.
On April 12, 2024, the County of Ventura reached out to staff with a grant funding agreement, attached as Exhibit A.
ANALYSIS:
Per the funding agreement (Exhibit A), t he County agrees to provide funding to the City in the amount of three hundred and fifty thousand dollars ($350,000) to support both the Community Center Project and the Boys & Girls Club Project, with a minimum amount of one hundred thousand dollars ($100,000) to be allocated to the Community Center Project.
The City shall use County funds as needed for both reimbursement of costs towards the Boys & Girls Club Project and to complete the Community Center Project.
The County funds shall be disbursed in a single installment within thirty (30) days upon 105
execution of the attached agreement (Exhibit A).
This item is being presented to the Council to request recognition of new revenue and matching expenditures as outlined in the fiscal impact section of this staff report.
STRATEGIC PLAN:
While this item is not an objective in City Council’s two-year Strategic Plan, approval of this item supports Council's goal in Section D. Connected and Healthy Community, to educate and engage residents and businesses about programs, initiatives and foster regional partnerships that create a safe and healthy community to live, work and thrive.
FISCAL IMPACTS:
A new budget allocation of $350,000.00 in revenue and matching expenditures is needed.
The following budget adjustment is recommended:
CIP # 9330 - COMMUNITY CENTER AND CULTURAL ARTS BUILDINGS:
Account Description
Debit (Increase
Expense)
Credit (Increase
Revenue)
100-5-9330-660 Grant Expenses $100,000.00
100-4-7500-4277 Grant Revenue $100,000.00
BOYS & GIRLS CLUB REMODEL:
Account Description
Debit (Increase
Expense)
Credit (Increase
Revenue)
100-5-9166-660 Grant Expenses $250,000.00
100-4-7500-4277 Grant Revenue $250,000.00
OPTIONS:
As an alternative to staff's recommendation, the City Council has the following options:
1. Decline to approve staff's recommendation. If this item is not approved by Council, staff will forfeit the County grant funds and not have the necessary funding to reimburse costs for the Boys & Girls Club nor move forward with remodel work on the Community Center; or
2. Provide staff with alternate direction.
ATTACHMENTS:
EXHIBIT A - VENTURA COUNTY FUNDING AGREEMENT.pdf
106
EXHIBIT A -
VENTURA
COUNTY
FUNDING
AGREEMENT
107
1 CITY OF SANTA PAULA PROJECTS FUNDING AGREEMENT
This Project Funding Agreement ("Agreement") is between the COUNTY OF VENTURA, a political subdivision of the State of California ("County"), and the CITY OF SANTA PAULA, a municipal corporation of the State of California (“City”). County and City are sometimes individually referred to as “Party” and collectively as “Parties”. This Agreement is effective on the date the Agreement is signed by both Parties (“Effective Date”).
RECITALS
A. WHEREAS, the County desires to provide funding in the amount of $350,000 to support the completion of two (2) specific projects within the City of Santa Paula, and
B. WHEREAS, the City is willing to accept such funding for the reimbursement of and/or allocation toward the expenses incurred for the completion of the two (2) projects in accordance with the terms and conditions set forth herein, and C. WHEREAS, the use of County General Funds is in accordance with the County Board of Supervisors’ action on December 13, 2022, when the Board of Supervisors approved the use of County General Funds to replace the use of American Rescue Plan Act (ARPA) of 2021 funds for the previously approved list of projects, which included $350,000 in total funding support for the City.
NOW, THEREFORE, in consideration of the Recitals hereof and the mutual promises and covenants set forth in this Agreement, the parties agree as follows:
AGREEMENT
1. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Agreement.
2. Description of Projects: The City agrees to allocate the County funds toward the projects described as the Santa Paula Community Center Enhancements (“Community Center Project”) and the Boys & Girls Club of Santa Clara Valley Renovation ("Boys & Girls Club Project"), both of which are located within the City of Santa Paula.
The Boys & Girls Club Project was completed in the Fall of 2023 and consisted of remodeling the boy’s and girl’s restrooms, including new water and sewer pipes and plumbing, new tile flooring, new faucets and fixtures, and new eco-friendly LED lighting.
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2 The Community Center Project will include major renovations and upgrades to the restrooms, lobby, and auditorium, as funding allows. The City has not yet started the Community Center Project, but plans to start the design process once funding from the County has been provided. The Santa Paula City Council has approved $100,000 in funding from the City’s allocation of ARPA funding as matching funds to the County’s support towards the project.
3. Funding: The County agrees to provide funding to the City in the amount of three hundred and fifty thousand dollars ($350,000) to support both the Community Center Project and the Boys & Girls Club Project, with a minimum amount of one hundred thousand dollars ($100,000) to be allocated to the Community Center Project. The County funds shall be disbursed in a single installment within thirty (30) days after the Effective Date.
4. Use of Funds: The City shall use County funds as needed for both reimbursement of costs towards the Boys & Girls Club Project and to complete the Community Center Project, in accordance with the scope detailed above in Section 2, Description of Projects, and Section 3, Funding, above.
5. Project Oversight: The City agrees to provide progress reports and updates in a timely manner as requested by the County, detailing the status of the Community Center Project, any issues encountered, and the expenditure of funds. The County reserves the right to conduct site visits or audits to ensure compliance with this Agreement. The City shall provide a complete and full breakdown of costs and expenditures for the already completed Boys & Girls Club Project and the Community Center Project, once complete, to the County, including a reconciliation of funding for the projects that detail the use of funds provided by the County.
6. Term: Unless terminated pursuant to Section 7, Termination, below, this Agreement shall commence on the Effective Date and shall continue until the completion of the Community Center Project and all reporting and oversight activities described in Section 5, Project Oversight, above, have been completed by the City to the County’s satisfaction.
7. Termination: Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If the Community Center Project is unable to be completed for any reason, or this Agreement is terminated due to material breach of any provision herein, the City agrees to return to County a minimum of one hundred thousand dollars ($100,000) within thirty (30) days of such termination.
8. Defense and Indemnification: The City agrees to indemnify, protect, hold harmless and defend (by counsel satisfactory to the County) the County, County Board of Supervisors, and its other officials, employees and agents, from and against any and all third-party suits, actions, claims, damages, losses, expenses, causes of action, demands, judgments, and liens arising out of or resulting from its performance or 109
3 failure to perform related to this Agreement.
9. Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of California.
10.Notices: Formal notices between the parties shall be deemed sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the County and City as follows:
County: City:
County of Ventura City of Santa Paula
County Executive Office City Manager’s Office
Attn: Dr. Sevet Johnson Attn: Dan Singer
800 S. Victoria Ave., L1940 970 Ventura St
Ventura, CA 93009 Santa Paula, CA 93060
(805) 654-3656 (TEL) (805) 933-4201; ext. 201 (TEL)
Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate by mail as provided in this Section. Receipt shall be deemed to have occurred on the date shown on a written receipt for delivery or refusal of delivery.
11.Amendments: No amendment, alteration or variation of the terms or conditions of this Agreement shall be valid unless agreed to in writing by the County and City.
12.Entire Understanding of the Parties: This Agreement constitutes the entire understanding and agreement of the County and City for the County’s funding and contribution to the City for support of the Projects.
13.Multiple Originals; Counterpart: This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
WHEREFORE, this Agreement has been entered into as of the Effective Date. 110
4 County of Ventura City of Santa Paula
Authorized Signature Authorized Signature
Printed Name Dan Singer
Title City Manager
Date May 1, 2024
111
To: Honorable Mayor and Members of the City Council
From: Eric Starna, Commander
Subject: REVIEW THE 2023 MILITARY EQUIPMENT ANNUAL REPORT AND RENEW ORDINANCE 1315, APPROVING THE MILITARY EQUIPMENT
FUNDING, ACQUISITION AND USE POLICY FOR THE SANTA PAULA POLICE DEPARTMENT.
Date: May 1, 2024
Agenda Item: 10.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
It is recommended the City Council:
1. Review the Police Department's Annual Military Equipment Report approving the Military Equipment Funding, Acquisition and Use policy as required by Government Code 7072 (AB 481), and
2. Renew ordinance 1315.
Presented by: Commander Eric Starna
BACKGROUND:
On September 30, 2021, California Governor Gavin Newsom approved AB 481, requiring a law enforcement agency's applicable governing body, the City Council, to adopt a Military Equipment Use Policy and implement it by ordinance. On April 6th, 2022 the City Council introduced Ordinance No. 1315 (Exhibit A), adopting a military equipment use policy for the Police Department pursuant to AB 481.
AB 481 requires the adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing' collaborate with other law enforcement agencies to deploy or use military equipment in the agency's territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481's scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute.
ANALYSIS:
On September 30, 2021 Governor Newsom signed a series of policing reform legislation items 112
into law. These laws are aimed at increasing police transparency, and AB 481 in particular requires law enforcement agencies to adopt a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. Santa Paula Police Department Policy No 705, governing "Military Equipment", is attached hereto as Exhibit B (the "Policy"). The Policy must be adopted by ordinance at a reqular meeting of the governing body for that agency (i.e. the City Council).
AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grant or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in a manner not previously subject to AB 481'S scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute.
To continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022. This ordinance shall be reviewed and renewed annually.
In accordance with AB 481, the Policy is being agendized as an open session item at a regular meeting of the City Council and public comment on the item will be allowed in accordance with the Brown Act.
This ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment or require modifications to the Policy in a manner to resolve the lack of compliance.
The Annual Report (Exhibit C) addresses the required components and is provided for the City Council to review and approve.
AB 481 provided for 15 categories of Military Equipment as described below:
Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles Category 2: Mine-resistant ambush-protected vehicles or armored personnel carriers Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-halfton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
Category 4: Tracked armored vehicles that provide ballistic protection to their occupants Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Category 6: Weaponized aircraft, vessels, or vehicles of any kind Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature
Category 8: Firearms and ammunition of .50 caliber or greater, excluding standard-issue 113
shotguns and standard-issue shotgun ammunition
Category 9: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code 30510 and Penal Code 30515, with the exception of standard-issue handguns Category 10: Any firearm or firearm accessory that is designed to launch Category 11: Noise-flash diversionary devices and explosive breaching tools Category 12: Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
Category 13: TASER Shockwave, microwave weapons, water cannons, and long-range acoustic devices
Category 14: Kinetic energy weapons and munitions
Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight
The Santa Paula Police Department is in current possession of items in Categories 2, 5, 7,9, 10, 11, and 12 from the above list and a complete inventory is provided in Attachment C.
Under AB 481, the Police Department must submit an annual report for each type of military equipment used within one year of approval, and annually thereafter. The report will include the following:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
STRATEGIC PLAN:
Not applicable.
FISCAL IMPACTS:
These unfunded mandates will continue to place new obligations on staff and add costs for publication of the annual report and workshop, but no other direct fiscal impacts are associated with this. The current budget for the Police Department has sufficient funding to cover any additional expenses that may arise.
OPTIONS:
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The following options are available to the City Council:
1. Review and approve the Annual Military Equipment Report (Attachment C) and renew Ordinance 1315;
2. Do not adopt the Annual Military Equipment Report and renew Ordinance 1315 (Attachment A);
3. Provide staff with further direction.
ATTACHMENTS:
AB 481 Staff Report April 2022.pdf (Reference Document) Military_Equipment (1).pdf Policy (Attachment B)
AB_481_Ordinance_Final.pdf (Attachment A)
AB_481_2024_Inventory.xlsx (Attachment C)
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To: Honorable Mayor and Members of the City Council
From: Travis Walker,
Subject: SECOND READING TO ADOPT ORDINANCE NO. 1315 ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO AB 481
Date: April 20, 2022
Agenda Item: 10.D
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends the City Council: Conduct a second reading to Adopt Ordinance No. 1315 directing the Police Department to adopt a "Military Equipment" policy pursuant to AB 481.
BACKGROUND:
At their April 6th, 2022 meeting the City Council waived the first reading and introduced Ordinance No. 1315 (Exhibit A), adopting a military equipment use policy for the Police Department pursuant to AB 481.
AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute.
ANALYSIS:
On September 30, 2021 Governor Newsom signed a series of policing reform legislation items into law. These laws are aimed at increasing police transparency, and AB 481 in particular requires law enforcement agencies to adopt a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. Santa Paula Police Department Policy No. 705, governing “Military Equipment,” is attached hereto as Exhibit A (the “Policy”). The Policy must be adopted by ordinance at a regular meeting of the governing body for that agency (i.e., the City Council) AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either 1 116
permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute.
To continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022.
In accordance with AB 481, the proposed Policy will be made available on the Santa Paula Police Department’s website at least 30 days prior to the public hearing by the City Council to adopt the Policy. Once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use.
In accordance with AB 481, the Policy is being agendized as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act.
This Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance.
The recommended ordinance (Attachment A to this City Council Report) reflects the final language for the ordinance amendment and the ordinance is now presented to the City Council for adoption.
STRATEGIC PLAN:
Not Applicable.
FISCAL IMPACTS:
These new unfunded mandates will place new obligations on staff and add costs for publication of the annual report and workshop, but no other direct fiscal impacts are associated with this item.
OPTIONS:
Conduct a second reading to Adopt Ordinance No. 1315 directing the Police Department to adopt a "Military Equipment" policy pursuant to AB 481.
ATTACHMENTS:
AB 481 Ordinance Final.pdf
Military_Equipment Policy (Final).pdf
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AB481 Inventory.xlsx
3 118
Policy
705
Santa Paula Police Department
SPPD Policy Manual
Copyright Lexipol, LLC 2024/04/23, All Rights Reserved.
Published with permission by Santa Paula Police Department Military Equipment - 1
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department, in this case the Santa Paula City Council.
Military equipment – Includes but is not limited to the following:
(a) Unmanned, remotely piloted, powered aerial or ground vehicles. (b) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. (c) High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. (d) Tracked armored vehicles that provide ballistic protection to their occupants. (e) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (f) Weaponized aircraft, vessels, or vehicles of any kind. (g) Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
(h) Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
(i) Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns.
(j) Any firearm or firearm accessory that is designed to launch explosive projectiles. (k) Noise-flash diversionary devices and explosive breaching tools. (l) Munitions containing tear gas or Oleoresin Capsicum (Pepper Spray), excluding standard, service-issued handheld pepper spray.
(m) TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
(n) Kinetic energy weapons and munitions.
(o) Any other equipment as determined by a governing body or a state agency to require additional oversight.
119
Santa Paula Police Department
SPPD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/23, All Rights Reserved.
Published with permission by Santa Paula Police Department Military Equipment - 2
705.2 POLICY
It is the policy of the Santa Paula Police Department that its members comply with the provisions of Government Code § 7071 with respect to military equipment. 705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police will designate a member of the Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Santa Paula Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department's website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
705.4 MILITARY EQUIPMENT INVENTORY
The attachment to this policy section constitutes a list of qualifying "military equipment" for the Department.
SEE ATTACHMENT: MILITARY EQUIPMENT INVENTORY.PDF
705.5 APPROVAL
The Chief of Police or his/her authorized designee shall obtain approval from the governing body, by way of an ordinance, adopting the military equipment policy. As part of the approval process, the Chief of Police or his/her authorized designee shall ensure the proposed military equipment 120
Santa Paula Police Department
SPPD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/23, All Rights Reserved.
Published with permission by Santa Paula Police Department Military Equipment - 3
policy is submitted to the governing body, and is available on the Department's website at least thirty (30) days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).
The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
This policy recognizes the need for agencies to provide assistance to each other, whether in ongoing combined or regional operations, occasional planned operations, or in exigent circumstances. Where applicable to the provisions of Government Code § 7070 through § 7075, such assisting agencies should comply with their respective military equipment use policies when rendering assistance.
705.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or his/her authorized designee will submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. 121
Santa Paula Police Department
SPPD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/23, All Rights Reserved.
Published with permission by Santa Paula Police Department Military Equipment - 4
(c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Chief of Police or his/her authorized designee shall also make each annual military equipment report publicly available on the Department's website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 705.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
122
ORDINANCE NO. 1315
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA PAULA, CALIFORNIA ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO AB 481
The City Council of the City of Santa Paula does ordain as follows:
SECTION 1. The City Council finds and declares that:
A. On September 30, 2021 Governor Newsom signed a series of policing reform legislation items into law. These laws are aimed at increasing police transparency, and AB 481 in particular requires law enforcement agencies to adopt a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. Santa Paula Police Department Policy No. 705, governing “Military Equipment,” is attached hereto as Exhibit A (the “Policy”). The Policy must be adopted by ordinance at a regular meeting of the governing body for that agency (i.e., the City Council).
B. AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute.
C. To continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022.
D. In accordance with AB 481, the proposed Policy will be made available on the Santa Paula Police Department’s website at least 30 days prior to the public hearing by the City Council to adopt the Policy. Once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use.
E. In accordance with AB 481, the Policy is being agendized as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act.
F. This Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued 123
approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance.
SECTION 2. Findings. Pursuant to Government Code § 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
SECTION 3. Military Equipment Use Policy Adopted. In light of the findings in Section 2, and in accordance with AB 481, the City Council hereby adopts Santa Paula Police Department Policy No. 705, entitled “Military Equipment,” attached hereto as Exhibit “A” and incorporated by this reference.
SECTION 4. Severability. Each of the provisions of this Ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 5. Environmental Assessment. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 6. City Clerk Certification. The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
124
SECTION 7. Effective Date. This ordinance shall take force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED this 20th day of April, 2022.
JENNY CROSSWHITE, MAYOR
ATTEST:
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
John C. Cotti, City Attorney
125
Category 2
Type Armored vehicle
Description (1)Black armored, wheeled vehicle MRAP. Agency Name markings and red/blue lights. Equiped with a siren. Can hold a driver and nine passengers.
Quantity 2
Capabilities Armor rated to .50 cal.
Expected lifespan 20 yrs.
Manufacturer's description Four-wheeled, diesel engine-powered personnel carrier with ballistic glass and armor rated to .50 cal.
Purpose and authorized uses To provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents or national disasters.
Fiscal impact N/A aquired through military surplus program Legal and procedural rules Policy
126
Required training Class A drivers license
Compliance mechanisms Operational use with approval from Executive Command Staff or exigent circumstances
127
Category 5 Category 7
Mobile command post vehicle Breaching shotgun
5th Wheel style trailer Mossberg 500 12 gauge shotgun
designed to fire frangible breaching
rounds
1 3
Mobile Field Command capabilities during emergency events and natural disasters Capable of defeating locks and deadbolts on doors and gates
15 yrs. 20 yrs.
Royal Arms is the original inventor, as
well as oldest manufacturer of:
Breaching Stand-Off Device, 12 Gauge
Breaching Shotgun, Copper & Clay
Frangible Breaching Rounds
Provides incident managers the ability
to coordiante and manage police
resources during incidents.
Allows officers to safely and effectively
breach doors and gates during high-risk
search warrant services and hostage
rescues.
$2,000 annual maintenance
N/A
128
In-House training Tactical Team personnel are authorized to use the breaching shotgun after
receiving the required training and
have shown the ability to utilize the
tool safely and competently. Tactical
Team personnel must recieve annual
recertification and qualification.
Operational use under the review of
the Tactical Team Commander or
appropriate team supervisor
129
Category 12 Category 12 Category 12
CS chemical agent Flameless OC CS chemical agent
Spede Heat CS Flameless Expulsion OC Defense Technology 40mm short range CS chemical agent round
10 5 10
2.9 oz of active agent .02 oz. of active agent
5 yrs. 5 yrs. 5 yrs.
High volume device with continuous
burn as it expels its payload in
approximately 20-40 seconds. The
payload is discharged through four gas
ports on top of the canister, three on
the side and one on the bottom.
The OC Flameless Expulsion
Device is a compact, nonpyrotechnic, chemical agent
device that provides safe
expulsion without risk of fire. It
is safe to use inside of a
residence. Unlike pyrotechnical
grenades, this devices contents
are expelled upon actuation of a
CO2 cartridge that will affect a
confined area of approximately
1500 square feet.
Less lethal tool used to compel violent/
armed and barricaded suspects from
vehicles and structures when the
circumstances are too hazardous for
officers to enter. May also be used to
disperse large, violent and, riotous
crowds. Verbal warnings should
procede its use when feasible.
Less lethal tool used to compel
violent/ armed and barricaded
suspects from vehicles and
structures when the
circumstances are too hazardous
for officers to enter. May also be
used to disperse large, violent
and, riotous crowds. Verbal
warnings should procede its use
when feasible.
Less lethal chemical agent
designed to compel large, violent
and, riotous crowds to disperse
from an outdoor area. Verbal
warnings should proceed its use
when feasible. Designed as a
chemical agent dispersal tool and
not an impact weapon.
130
Tactical Team personnel responsible for
formulating chemical agent plans must
attend California POST certified
chemical agent school and must
recertify every three years. Tactical
Team officers may deploy chemical
agents during high-risk tactical
operations after attending a chemical
agents course taught by a POST
certified instructor. Officers must
qualify annually.
Tactical Team personnel
responsible for formulating
chemical agent plans must
attend California POST certified
chemical agent school and must
recertify every three years.
Tactical Team officers may
deploy chemical agents during
high-risk tactical operations
after attending a chemical
agents course taught by a POST
certified instructor. Officers
must qualify annually
Tactical Team personnel
responsible for formulating
chemical agent plans must attend
California POST certified chemical
agent school and must recertify
every three years. Tactical Team
officers may deploy chemical
agents during high-risk tactical
operations after attending a
chemical agents course taught by a
POST certified instructor. Officers
must qualify annually
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
131
Category 12 Category 12
CS chemical agent OC chemical agent
Defense Technology Triple Chaser CS Defense Technology OC Stinger 25 20
3.2 oz of active payload
5 yrs. 5 yrs.
The Triple-Chaser® CS consists of
three separate canisters pressed
together with separating charges
between each. When deployed, the
canisters separate and land
approximately 20 feet apart allowing
increased area coverage in a short
period of time.
The Stinger® OC Device is a
maximum effect device that
delivers four stimuli for
psychological and physiological
effects: rubber pellets, light,
sound, and OC. The Stinger Device
is most widely used as a crowd
management tool by Law
Enforcement and Corrections. The
Stinger Grenade has an initial 1.5
second delay that initiates fuze
assembly separation, followed by
another .5 second delay before the
blast which is sufficient to project
the rubber balls and chemical
agent in a 50 foot radius
Less lethal chemical agent designed
to compel large, violent and, riotous
crowds to disperse from an outdoor
area. Verbal warnings should
proceed its use when feasible.
Designed as a chemical agent
dispersal tool and not an impact
weapon.
Less lethal chemical agent / impact
weapon /LSDD designed to compel
large, violent and, riotous crowds
to disperse from an outdoor area.
Verbal warnings should proceed its
use when feasible. Designed as a
chemical agent dispersal tool and
not an impact weapon.
132
Tactical Team personnel responsible
for formulating chemical agent plans
must attend California POST certified
chemical agent school and must
recertify every three years. Tactical
Team officers may deploy chemical
agents during high-risk tactical
operations after attending a
chemical agents course taught by a
POST certified instructor. Officers
must qualify annually
Tactical Team personnel
responsible for formulating
chemical agent plans must attend
California POST certified chemical
agent school and must recertify
every three years. Tactical Team
officers may deploy chemical
agents during high-risk tactical
operations after attending a
chemical agents course taught by a
POST certified instructor. Officers
must qualify annually
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
133
Category 12 Category 12
CS chemical agent CS chemical agent 40 MM
Defense Technology triple chaser Riot
Control CS
Defense Technology CS ferret
25 16
3.2 oz of CS agent
5 yrs. 5 yrs.
Designed specifically for outdoor use in
crowd control situations, the Riot Control
Grenade is a high volume continuous burn
canister that expels its payload in
approximately 20 - 40 seconds. I
It is non-burning and designed to
penetrate barriers. Primarily used
to dislodge barricaded subjects, it
can also be used for area denial.
Less lethal chemical agent designed to
compel large, violent and, riotous crowds
to disperse from an outdoor area. Verbal
warnings should proceed its use when
feasible. Designed as a chemical agent
dispersal tool and not an impact weapon.
Less lethal tool used to compel
violent/ armed and barricaded
suspects from structures when
the circumstances are too
hazardous for officers to enter.
Verbal warnings should procede
its use when feasible.
134
Tactical Team personnel responsible for
formulating chemical agent plans must
attend California POST certified chemical
agent school and must recertify every three
years. Tactical Team officers may deploy
chemical agents during high-risk tactical
operations after attending a chemical
agents course taught by a POST certified
instructor. Officers must qualify annually
Tactical Team personnel
responsible for formulating
chemical agent plans must attend
California POST certified chemical
agent school and must recertify
every three years. Tactical Team
officers may deploy chemical
agents during high-risk tactical
operations after attending a
chemical agents course taught by
a POST certified instructor.
Officers must qualify annually
Use is subject to policies 300,303,305,404,
and 700
Use is subject to policies
300,303,305,404, and 700
135
Category 12 Category 12
OC vapor 40 MM OC / CS vapor
Defense Technology ferret Defense Technology Tri Chamber Flameless CS /OC
24 18
Designed for indoor use. OC is
released in a vapor form
.70 oz of agent. Designed for indoor
use. CS chemical agents are released in
a vapor form
5 yrs. 5 yrs.
The Defense Technology OC Vapor
Aerosol Device is for law
enforcement and corrections use
to deliver a high concentration of
Oleoresin Capsicum (OC) in a
powerful mist.
A unique device delivering an
invisible vapor and rendering an
intense respiratory effect. Provides
best results when used indoors and
requires no personal
decontamination.
Less lethal tool used to compel
violent/ armed and barricaded
suspects from structures and
vehicles when the circumstances
are too hazardous for officers to
enter. Verbal warnings should
procede its use when feasible.
Less lethal tool used to compel
violent/ armed and barricaded
suspects from structures and
vehicles when the circumstances
are too hazardous for officers to
enter. Verbal warnings should
procede its use when feasible.
136
Tactical Team personnel
responsible for formulating
chemical agent plans must attend
California POST certified chemical
agent school and must recertify
every three years. Tactical Team
officers may deploy chemical
agents during high-risk tactical
operations after attending a
chemical agents course taught by a
POST certified instructor. Officers
must qualify annually
Tactical Team personnel responsible for
formulating chemical agent plans must
attend California POST certified
chemical agent school and must
recertify every three years. Tactical
Team officers may deploy chemical
agents during high-risk tactical
operations after attending a chemical
agents course taught by a POST
certified instructor. Officers must
qualify annually
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
137
Category 11 Category 11
Light sound diversionary device Light sound diversionary device Defense Technology (DEFTEC) Defense Technology (DEFTEC) Low roll 11 10
Produces 6-8 candela of light and 175db of
sound.
Produces 6-8 candela of light and 175
db of sound.
This is a non-bursting, nonfragmenting multi-bang device that produces a thunderous bang with an
intense bright light. Ideal for
distracting dangerous suspects during
assaults, hostage rescue, room entry
or other high risk arrest situations.
The light sound diversionary device (flash
bang) is a less lethal device used during highrisk search warrants, arrests of armed and violent suspects and, during hostage rescues.
An intense bright light and loud noise are
created temporarily overwhelming a suspect's
senses which may potentially prevent a
suspect from harming officers.
The light sound diversionary
device (flash bang) is a less lethal
device used during high-risk
search warrants, arrests of armed
and violent suspects and, during
hostage rescues. An intense bright
light and loud noise are created
temporarily overwhelming a
suspect's senses which may
potentially prevent a suspect from
harming officers.
138
All authorized personnel must attend a user's
course taught by a POST certified instructor
and complete a qualification. Personnel must
qualify annually.
All authorized personnel must attend
a user's course taught by a POST
certified instructor and complete a
qualification. Personnel must qualify
annually.
Use is subject to policies 300,303,305,404,
and 700
Use is subject to policies
300,303,305,404, and 700
139
Category 11 Category 9
Light sound diversionary device Patrol Rifles
Royal Arms Internantional 12 gauge
flash bang
Colt AR-15 rifle variants
25 58
Reusable LSDD using 12 gauge blanks. The Colt Enhanced Patrol Rifle (EPR) is the next evolution in the
world's most dependable,
thoroughly field-tested patrol rifle.
This is a non-bursting, nonfragmenting multi-bang device that produces a thunderous bang with an
intense bright light. Ideal for
distracting dangerous suspects during
assaults, hostage rescue, room entry
or other high risk arrest situations.
.223 / 5.56 caliber rifle
The light sound diversionary
device (flash bang) is a less lethal
device used during high-risk
search warrants, arrests of armed
and violent suspects and, during
hostage rescues. An intense bright
light and loud noise are created
temporarily overwhelming a
suspect's senses which may
potentially prevent a suspect from
harming officers.
$1,100 per unit
140
This type of LSDD is non explosive and
therefore all personnel can deploy if
they have attended a user's course
taught by a qualified instructor and
complete a qualification. Personnel
must qualify annually.
Initial orientation course including
qualification; annual recertificaiton
including qualificaiton.
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies
300,303,305,404, and 700
141
Category 10 Category 10
40 MM Launcher 40mm kinetic energy projectiles
Defense Technology breach loading
single shot 40 MM Launcher
40mm, foam-tipped kinetic energy projectile fired
from an agency-authorized 40mm launcher.
7 35
Operartional range 10-40 meters.
5 yrs.
The 40LMTS is a tactical 40mm single
shot launcher that features a folding
stock and an adjustable Integrated
Front Grip (IFG) with a light rail. The
Ambidextrous Lateral Sling Mount
(LSM) and QD mounting systems
allow both a single and two point sling
attachment. The 40LMTS will fire
standard 40mm Less Lethal
ammunition, up to 4.8 inches in
cartridge length. This weapon is NOT
designed to fire 40mm High Velocity
HE ammunition. The Picatinny Rail
Mounting System will accept a wide
array of enhanced optics/sighting
systems.
40mm foam-tipped projectile capable of travelling
250 fps to a maximum range of 100 feet.
Used to fire rounds to compel an
individual to cease his/her actions
when such munitions present a
reasonable option. A verbal warning
of the intended use of the device
should precede its application.
To compel an individual to cease his/her actions
when such munitions present a reasonable option.
A verbal warning of the intended use of the device
should precede its application.
$996.00 per unit 20.94 per unit
142
Initial orientation course including
qualification; annual recertificaiton
including qualificaiton.
Initial orientation course including qualification;
annual recertificaiton including qualificaiton.
Use is subject to policies
300,303,305,404, and 700
Use is subject to policies 300,303,305,404, and 700
143
Category 10 Category 10
40mm kinetic energy projectiles 40mm kinetic energy projectiles 40mm, Extended range OC projectile fired from an
agency-authorized 40mm launcher.
40mm, extended range kinetic energy projectile
fired from an agency-authorized 40mm launcher.
10 26
Operartional range 10-70 meters. Operartional range 10 70 meters 5 yrs. 5 yrs.
40mm foam and OC tipped projectile capable of
travelling 250 fps to a maximum range of 100 feet.
The eXact iMpact40 mm Sponge Round is a
point-of-aim, point-of-impact direct-fire round.
This lightweight, high-speed projectile consisting of
a plastic body and sponge nose that is spin
stabilized via the incorporated rifling collar and the
40 mm launchers rifled barrel. The round utilizes
smokeless powder as the propellant, and,
therefore, have velocities that are extremely
consistent. Used for Crowd Control, Patrol, and
Tactical Applications.
To compel an individual to cease his/her actions
when such munitions present a reasonable option.
A verbal warning of the intended use of the device
should precede its application.
To compel an individual to cease his/her actions
when such munitions present a reasonable option.
A verbal warning of the intended use of the device
should precede its application.
144
Initial orientation course including qualification;
annual recertificaiton including qualificaiton.
Initial orientation course including qualification;
annual recertificaiton including qualificaiton.
Use is subject to policies 300,303,305,404, and 700 Use is subject to policies 300,303,305,404, and 700 145
Category 10
40mm kinetic energy projectiles
40mm, Extended range marking projectile fired
from an agency-authorized 40mm launcher.
9 Operartional range 10-70 meters
5 yrs.
The 40 mm Direct Impact® LE Extended Range
Round is a point-of-aim, point-of-impact direct-fire
round and is intended to be used in applications
that exceed the performance capability of the
standard Direct Impact Round. An excellent
solution whether you need to incapacitate a single
subject or control a crowd. When loaded with a
green marking agent, the Direct Impact LE can be
used to indicate the aggressor in a crowd or riot
situation to the team on the ground
To compel an individual to cease his/her actions
when such munitions present a reasonable option.
A verbal warning of the intended use of the device
should precede its application.
146
Initial orientation course including qualification;
annual recertificaiton including qualificaiton.
Use is subject to policies 300,303,305,404, and 700
147
To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Deputy City Manager
Subject: AMERICAN RESCUE PLAN ACT (ARPA) FUNDING AMENDMENTS Date: May 1, 2024
Agenda Item: 11.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends City Council:
1. Review staff recommendations for amendments to recent ARPA reallocations; and
2. Adopt Resolution No. 7514 memorializing an amendment to the ARPA allocations.
Presented by: Jonathan Royas, Deputy City Manager
BACKGROUND:
On February 21, 2024, Council received an update and presentation from staff on the American Rescue Plan Act (ARPA) funds and allocations previously made by Council over the course of the past two years. That evening, staff also presented several projects, programs or purchases for Council to consider in reallocating funds to support new requests from staff.
These programs/projects included funding for:
Lew Edwards Group (LEG)
Santa Paula Future Leader Academy
Union Oil Building Dedication / City Anniversary Event
Customer Relationship Management (CRM) Software
Community Educational Materials for "Santa Paula Speaks" Council approved a reallocation of funding for these efforts through Resolution No. 7501 and Resolution No. 7503. Unfortunately, post Council approval, staff realized that a previously funded ARPA item, "Special Event Sponsorship Program," which was intended to have $10,000 in funds reallocated from, was omitted from the staff report and reallocation request.
Additionally, as some of the programs and projects above have now been underway, it is necessary to make some minor budget adjustments for the reasons discussed below.
ANALYSIS:
Reallocation Requests:
148
Special Event Sponsorship Program - Decrease by $10,000 Current Allocation: $50,000 - The Special Event Sponsorship Program is intended for the purpose of supporting local festivals, parades and special events, as administered through our Parks & Recreation Department. Thus far, the program has helped cover approximately $26,465 in costs for events such as the Labor Day parade, Holiday parade and Cruise Nights over the past two years. Based on historical usage, remaining funds, and the fact that ARPA funds need to be obligated by December 31, 2024, staff is comfortable releasing an additional $10,000 to support other citywide efforts. This would leave $13,535 to assist in covering this season of Cruise Night and the anticipated 2024 Labor Day Parade and 2024 Holiday Parade, should those organizations request utilization of those funds.
Customer Relationship Management (CRM) Software - Decrease by $6,750 Current Allocation: $7,500 - Funding was intended to purchase a basic CRM system to allow the City to communicate more effectively with residents. The ad hoc Communications committee explored various vendors and recommended a vendor whose costs are significantly less than a similar vendor who was being explored. Staff has moved forward with the less expensive vendor and will have enough funding to cover the current fiscal year and FY24/25.
Santa Paula Leaders Academy - Increase by $2,000
Current Allocation: $5,000 - The inaugural Santa Paula Leaders Academy is underway with 18 participants in the program. Unfortunately, costs related to the welcome dinner, weekly sessions and anticipated graduation activities are coming in higher than anticipated. Staff is requesting $2,000 to cover these costs.
Union Oil Building Dedication / City Anniversary Event - Increase by $1,750 Current Allocation: $5,000 - Costs to put on this event are estimated to exceed the budget of $5,000. Staff is requesting an additional $1,750 to cover additional costs.
Community Educational Materials - Increase by $3,000
Current Allocation: $16,699 - As part of the Santa Paula Speak efforts, funds will be used to provide mailers and educational materials in English/Spanish to residents based on survey work performed by the Lew Edwards Group, related to quality of life desires, services and community goals. The first mailer went out the week of April 21st along with a utility bill insert which will arrive in mailboxes the first week in May. Staff anticipates sending out an additional four mailings before the end of the year and is requesting an additional $3,000 to cover these estimated costs.
As a result of the above recommendations, Council is asked to approve Resolution No. 7514, memorializing the intended reallocation of $16,750 in ARPA funding.
STRATEGIC PLAN:
This item is not a goal or objective in City Council’s two-year Strategic Plan, however, the funding for the projects and programs presented above will assist in moving several of 149
Council's strategic goals forward.
FISCAL IMPACTS:
The allocation request in attached Resolution No. 7514 includes the following adjustments:
GL Description Increase Decrease
412-5-0504-203 Special Event Sponsorship Program $10,000 412-5-0511-207 CRM Software $6,750
412-5-0501-129 Leadership Academy $2,000
412-5-0501-150 Union Oil Building Event $1,750
412-5-0501-241 Community Educational Materials $3,000
TOTAL $6,750 $16,750*
*10,000 excess decrease is to address prior unfunded allocation from February meeting Other than administrative staff time, there are no direct fiscal impacts to the City.
OPTIONS:
City Council has the following options available:
1. Do not approve Resolution No. 7514; however, doing so will put on hold some of the recently approved programs and projects which require funding to move forward. Staff would need to identify $16,750 in other funding to support the approved items from Resolution No. 7514; or
2. Provide other direction as desired.
ATTACHMENTS:
Resolution_7514_Amending_The_City_s_Operating_and_CIP_Budget_for_FY2023-24 final.docx
150
RESOLUTION NO. 7514
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA, CALIFORNIA, AMENDING THE CITY’S OPERATING AND CIP BUDGET FOR FISCAL YEAR 2023/24.
SECTION 1: The City Council for the City of Santa Paula does resolve as follows:
A. The City Council adopted the Operating Budget and Capital Improvement program for Fiscal Year 2023/24 on June 21, 2023.
B. The Fiscal Year 2022/23 Budget revenues have increased by $3.5 million in FY 22/23 due to additional funding made available by the American Rescue Plan Act (“ARPA”).
C. The Council discussed various ways to allocate the ARPA funds in various study sessions over the past nineteen months.
D. Previous budget allocations ARPA funds were approved by Council via Resolutions 7467, 7342, 7347, 7351, 7352, 7366, 7381, 7416, 7418, 7479, 7499, 7501, and 7503.
SECTION 2: The City Manager has proposed a budget adjustment as described in the Council report dated May 1, 2024 for Fiscal Years 2023/24 based direction provided by the City Council.
SECTION 3: The City Council has reviewed the proposed budget for use of a portion of the ARPA funds and does hereby find the recommendation to be necessary and in the City’s best interest.
SECTION 4: The City of Santa Paula’s operating and CIP Budget for Fiscal Year 2023/24 is hereby amended as follows:
GENERAL LEDGER USE OF FUNDS DESCRIPTION INCREASE DECREASE 412-5-0504-203 Special Event Sponsorship Program $10,000 412-5-0501-241 Community Educational Materials $3,000
412-5-0501-129 Leadership Academy $2,000
412-5-0511-207 CRM Software $6,750
412-5-0501-150 Union Oil Building Event $1,750
SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. 151
PASSED, AND ADOPTED, this 1st day of May, 2024.
_____________________
Leslie Cornejo, Mayor
ATTEST:
_________________________
Julie Latshaw, City Clerk
Approved as to form:
_______________________________
Seth Merewitz, Interim City Attorney
Approved as to content:
_______________________________
Dan Singer, City Manager
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To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: APPOINTMENT TO THE MEASURE T OVERSITE COMMITTEE Date: May 1, 2024
Agenda Item: 11.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff Recommends that the City Council:
1. Appoint one applicant to the Measure T Oversite Committee.
Presented by: Julie Latshaw, City Clerk
BACKGROUND:
On April 17, 2024, the City Council adopted Resolution No. 7512, amending the Measure T Oversight Committee Guidelines to further refine the definition of "public employee," amending Section 2.B providing Council with flexibility to appoint Committee members who are not "Santa Paula City employees" or who works with a public agency who might reasonably be expected to receive or compete for Measure T funding.
During the months of August 2023 through April 2024, the City Clerk's office published Vacancy Notices for all open positions on Commissions, Committees and Boards, in the Santa Paula Times, city website and social media.
The City Council attended a Special meeting on April 17, 2024, at 4:00 p.m., holding applicant interviews.
Measure T Oversight Committee to fill one vacancy for an at-large member, for a fouryear term (5/1/2024-5/1/2028). Applicant: Edd Bond who currently works for the Santa Paula Unified School District. Now that Council has adopted Resolution No. 7512, Council has the flexibility to appoint this applicant. No other applicants applied for this position. If applicant is appointed, this committee will be filled. The next opening available for Measure T Oversight Committee is 7/7/2025.
ANALYSIS:
None.
STRATEGIC PLAN:
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This item is not a goal or objective in City Council’s two-year Strategic Plan, however, appointments to the Commissions, Committees and Boards described in this report assist in the furtherance of the Mission, Vision, and overarching categories and goals found within City Council’s two-year Strategic Plan.
FISCAL IMPACTS:
There are no associated fiscal impacts from this item.
OPTIONS:
The Council has the following available alternative option to Staff's Recommendation:
1. Decline to appoint applicant; and
2. Direct staff to continue advertising for additional applicants.
ATTACHMENTS:
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To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: FUTURE AGENDA ITEMS
Date: May 1, 2024
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:
5.1.24_Future Agenda Items.docx
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Santa Paula City Council Tentative Agenda Schedule
Updated 4/25/2024
May 15, 2024
P&R Parks & Recreation Department Update
PW Dedication Hwy Easement on City Property to Caltrans PW Water Recycle Procurement Waiver Policy
Finance 3rd Quarter Fiscal Year Report
Finance Finance Department Report
PW PMP Cycle 1 Final Update and Cycle 2 Five Year Plan
CCD esVolta Franchise Agreement
PW Main Street Crosswalk Improvements Project Contract Award Admin Sports Park Partial Acceptance
Clerk Committee / Commission / Board Appointments
June 5, 2024
PW VCWPD Benefit Assessment Program for FY 24-45
Finance Measure T Update
CDD Community Development Report
Admin Santa Paula Speaks (Workshop)
PW Wastewater Collection System Chloride Study Update
STUDY SESSION TOPICS
Admin No Smoking Ordinance
Finance Development Impact Fees (DIF)
CDD Cultural Arts
CDD Municipal Code Overview & Housing Element Priorities – Joint Meeting with Council and Planning Commission
May / TBD
FUTURE AGENDA ITEMS
Finance Additional Revenue Options June
P&R Union Oil Building Tenant Selection May
Finance Update on Utility Bills
PW Plans & Specifications for 8th Street Streetlight Repair Project CDD ADU Ordinance
Legal Fire MOU Amendment
Finance 2023 City Audit
156
Santa Paula City Council Tentative Agenda Schedule
Updated 4/25/2024
Clerk Consolidation with Statewide Election June
HR Personnel Rules & Reg Policy Update
CDD Commercial Building District Live Entertainment Ord 157