Santa Paula City Council
July 2, 2024

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
TUESDAY, JULY 2, 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. CLOSED SESSION REPORT

6. PUBLIC COMMENT
At this time, members of the public may comment on any item not appearing on the agenda that is within the subject-matter jurisdiction of the City Council. A Public Comment Form must be submitted to the City Clerk prior to the beginning of the Public Comment period in order to be recognized to speak. Individuals submitting Public Comment Forms after the beginning of the Public Comment period will not be allowed to speak at this time, but may be recognized to speak by the Mayor at the conclusion of the meeting. Individual Councilmembers may briefly respond to Public Comments or ask questions for clarification. The City Council may direct staff to report to the City Council on the item at a later meeting. For items appearing on the Agenda, the public will be invited to make comments at the time the item comes up for City Council consideration. If a member of the public wishes to address a Consent Calendar item, please submit a Public Comment Form for that item. It may then be discussed separately by the Council, and the public will be invited to make comments at that time. At all times, please use the microphone and write your name and address on the Public Comment Form provided.

7. PRESENTATIONS

7.A VENTURA COUNTY FAIR POSTER

7.B PARKS AND RECREATION MONTH PROCLAMATION

7.C COMMUNITY ACTION VENTURA COUNTY (CAVC) PRESENTATION 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 Presented by: Susy Lopez-Garcia, Executive Director

7.D COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT

QUARTERLY REPORT
RECOMMENDATION:

That the City Council receive and file the report.

Presented by: James Mason, Community Development Director

7.E CITY MANAGER'S DEPARTMENT REPORT - MARCH 2024 - JUNE 2024 RECOMMENDATION:

Staff recommends that the City Council:

1. Receive and file the Department Report for City Manager’s Department for March 2024 - June 2024.

Presented by: Dan Singer, City Manager

7.F POLICE DEPARTMENT REPORT
RECOMMENDATION:
(1) Receive and file Police Department Report.

Prepared by: Don Aguilar, Police Chief

8. CITY COUNCIL REPORTS

9. CITY MANAGER REPORTS

10. CONSENT CALENDAR
Background information has been provided to the City Council on all matters listed under the Consent Calendar and these items are considered to be routine by the City Council and are normally approved by one motion. If discussion is requested by a Councilmember on any item, or a member of the public wishes to comment on an item, that item may be removed from the Consent Calendar for separate action.

10.A APPROVAL OF MINUTES
City Council Special Meeting June 5, 2024
City Council Regular Meeting June 5, 2024
RECOMMENDATION:

Staff recommends Council approve minutes.

10.B COUNTY RIGHT OF WAY USE AGREEMENT TO INSTALL AND

INTERCONNECT CONDUIT AND FIBER OPTIC CABLE NETWORK
RECOMMENDATION:

Staff recommends City Council:

1. Approve and authorize the City Manager to execute a Right of Way (ROW) City of Santa Paula - City Council - City Council Regular Meeting 4 Use Agreement with the County of Ventura, in a form approved by the City Attorney’s office, to allow access to the City’s ROW in exchange for two (2) strands of dark fibers along the 46-mile County network route.

10.C AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH

MKN & ASSOCIATES FOR PHASE I REDESIGN OF THE ADVANCED

WATER TREATMENT FACILITY
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with MKN & Associates, Inc. for the Advanced Water Treatment Facility (AWTF) Phase I Redesign in a form approved by the City Attorney.

10.D 2024 LABOR DAY PARADE REQUEST FOR FEE WAIVER
RECOMMENDATION:

1. Consider a request to waive 50% of the costs for City services for the 2024 Santa Paula Labor Day Parade.

10.E RESPONSE TO GRAND JURY REPORT ENTITLED LINKING FIRST

RESPONDERS - VENTURA COUNTY REGIONAL RADIO SYSTEM
RECOMMENDATION:

Staff Recommends that the City Council:

1. Approve the response letter to the Ventura County Grand Jury and authorize the Mayor to sign the letter.

Presented by: Don Aguilar, Police Chief

10.F THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

MERCHANT MCINTYRE AND ASSOCIATES FOR LEGISLATIVE

ADVOCACY SERVICES
RECOMMENDATION:

Staff recommends City Council:

1. Authorize the City Manager to execute a third amendment to the professional services agreement with Merchant McIntyre and Associates (MMA) for federal legislative advocacy services, in an amount of $78,000, extending the term from July 1, 2024 to June 30, 2025, and increasing the total not-to-exceed amount to $252,000.

10.G DECLARATION OF LOCAL EMERGENCY - WATER RESERVOIR BREACH RECOMMENDATION:

Adopt Resolution No. 7531 confirming the City Manager's Declaration of Emergency in response to the breach at the City’s main water reservoir.

11. ACTION ITEMS

11.A ORDINANCE AMENDING SPMC CHAPTER 124 RELATING TO DINING City of Santa Paula - City Council - City Council Regular Meeting 5

ENTERTAINMENT PERMITS IN THE COMMERCIAL BUSINESS DISTRICT ZONE
RECOMMENDATION:

Staff recommends the City Council:

1. Introduce and waive first reading of Ordinance No. 1339, entitled, "An Ordinance of the City of Santa Paula Amending Chapter 124 of the Santa Paula Municipal Code Relating to Dining Entertainment Permits in the Commercial Business District Zone".

Presented by: James Mason, Community Development Director

11.B APPOINTMENT TO COMMISSIONS AND COMMITTEES
RECOMMENDATION:

Staff Recommends that the City Council:

Appoint applicants to various Commissions and Committees.

Presented by: Julie Latshaw, City Clerk

11.C APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT (HCD) SEEKING A PROHOUSING

DESIGNATION BY THE STATE
RECOMMENDATION:

Staff recommends the City Council:

Adopt Resolution No. 7521, authorizing the City Manager’s designee to: 1) submit a Prohousing Designation Program application to the California Department of Housing and Community Development (HCD); and if the application is approved by HCD, 2) to execute all documents deemed necessary or appropriate to participate in the Prohousing Designation Program.

Presented By: Caesar Hernandez, Management Analyst

11.D PURCHASE OF DOWNTOWN TRASH AND RECYCLING RECEPTACLES RECOMMENDATION:

It is recommended the City Council:

1. Waive formal bidding requirements and consent to purchase of trash and recycling receptacles for an amount not to exceed $132,713.42 based on the finding that purchase of the receptacles is "desirable or necessary" pursuant to SPMC Section 41.10.

2. Authorize the City Manager or his designee to execute a purchase agreement with Forms + Surfaces using American Rescue Plan Act (ARPA) funds.

Presented By: Jonathan Royas, Deputy City Manager
City of Santa Paula - City Council - City Council Regular Meeting 6 Esteban Herrera, Management Fellow

11.E BALLOT ARGUMENT CONCERNING A ONE CENT (1¢) CITY

TRANSACTIONS AND USE (SALES) TAX MEASURE ON THE
NOVEMBER 5, 2024, BALLOT
RECOMMENDATION:

The City Council is asked to:

1. Consider the information herein and provide direction.

Presented by: William J. Priest, Deputy City Attorney

11.F FY 23/25 MID CYCLE BUDGET
RECOMMENDATION:

Staff recommends the City Council:

1. Receive a presentation on the 2023/25 Mid-Cycle Budget Review

2. Adopt Resolution 7523 Amending the FY 2024/25 Budget and Adopting the FY 2024/25 GANN Limit.

Presented by: Christy Ramirez, Finance Director

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 7 To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT

QUARTERLY REPORT
Date: July 2, 2024
Agenda Item: 7.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

That the City Council receive and file the report.

Presented by: James Mason, Community Development Director BACKGROUND:

PLANNING DIVISION
February 27, 2024 PC Meeting:

EIR Addendum No. 4 for the East Area 1 Specific Plan Amendment No. 4 and General Plan Amendment (Harvest at Limoneira Project)
March 26, 2024 PC Meeting:

No scheduled items (Cancelled)
April 23, 2024 PC Meeting:

No scheduled items (Cancelled)
May 9, 2024, CC PC joint meeting:

Housing Element Policy Priorities; Review Municipal Code Overhaul May 28, 2024 PC Meeting:

Resolution No. 1339 recommending the City Council consider approval of amendments to SPMC Chapter 124 regarding dining entertainment in the Central Business District June 24, 2024, CC/PC joint meeting:

Citygate presentation: Community and Economic development service delivery program 8 analysis, recommendations, and process improvement implementation plan New Business Licenses
Seven new Commercial business licenses and eight Home Business Occupations were issued in March – June 2024
Development Applications
One new development application was received in March-June 2024 for the Foothill (Phase 2 of Harvest)
Planning Applications
Eighteen new planning applications were received in March-June 2024.

SPECIFIC PLAN UPDATES
Santa Paula West Business Park Specific Plan (SP-6)
The Project is within the West Area 2 Expansion Area as designated by the Santa Paula General Plan on the western edge of the City of Santa Paula and consists of ±54 acres of the 125-acre Expansion Area. The land uses envisioned within the Specific Plan will be a mix of low-intensity industrial (such as light manufacturing or research and development), professional offices, and supporting commercial businesses.

Amendments to the drainage and flood control elements of the plan have been reviewed by LAFCo and staff has responded to all additional questions and concerns identified by LAFco staff. The project it tentatively scheduled for review in September by the LAFCo Board for a hearing hearing to finalize the annexation of the properties.

COMMERCIAL DEVELOPMENT UPDATES
Good Orchard Event Center and Café (133 Mill Street)
The initial project (Wesley Hall repurpose/renovation) which includes a catering and event center, café and alcohol license has completed plan review and renovation of the spaces are underway. The project site will be phased to include the future redevelopment of another existing onsite structure (Faulkner Hall) into affordable apartments. Staff continues to closely engage with the developer regarding these phases and the potential to turn the existing church on the project site into an arts and event space.

Parque 1055 Bar and Grill (1055 East Main Street)
The project is composed of the redevelopment of an auto parts and repair facility into a tap room, wine bar, restaurant, grill and entertainment space. The site and building improvements are well underway and the developer has plans to open 3 rd quarter 2024.

East Area Gateway (Hallock/126/Telegraph)
On a 113,000 square foot commercial center which will include grocery, in-line retail and multiple restaurant pads. Application for project review is expected by mid-July 2024. 9 INDUSTRIAL DEVELOPMENT UPDATE
Santa Maria Industrial Park (324 W. Santa Maria Street): Industrial Park Project approved by Planning Commission in 2012. City staff continuing to coordinate with applicants to complete project. A conservation easement violation has been resolved and the project is continuing with requisite design and engineering submittals. The review of the Conditional Letter of Map Revision (CLOMR) which addresses project potential alterations to flood hydrology, has been completed by the county watershed protection district and the city and will be submitted to FEMA for approval of the final Letter of Map Revision (LOMAR).

Project full entitlement is expected 3
rd quarter 2024.

Santa Paula Self Storage Too (324 E Santa Maria St): Self Storage Facility Proposal for a 5-building, 262-unit self-storage facility. Plans have been submitted and site grading and utility work is underway. The project will commence development once the underlying Santa Maria Industrial Park project has received FEMA approval.

Bender Property (Todd Rd and SR 126)
The developer, Bender Farms, is currently planning an additional 76,000 square foot industrial shell building and plan review is currently underway. As a part of the project, improvements will be made to Todd Rd, Calpipe Rd. and Peck Rd.

RESIDENTIAL DEVELOPMENT UPDATE
People’s Self-Help Housing (PSHH) 714 W Harvard Blvd
Construction of the 69 deed-restricted affordable housing development which broke ground in May 2022 is well underway with certificate of occupancy timing contingent on completion of Southern California Edison infrastructure upgrades and power activation. The developer is hoping for late July tent move in and August ribbon-cutting.

Former Kmart (859 Faulkner Rd.)
Harridge Development Group, LLC., the owner and developer has completed Design review and is preparing to submit for demolition permit 3
rd quarter of 2024 and has plans to begin site
work 1
st quarter of 2025. The project proposal includes 224 market-rate, rental town homes and staff is discussing affordability options with the developer. 11th Street Townhomes
Ten market rate townhomes on Main Street and 11th Street. Design review has been completed and the project plans are under review.

Citrus Flats - Red Tail Apartments (18004 East Telegraph Rd) 298-unit apartment complex at East Telegraph Rd. and Whipple Rd. - 162 affordable units (40 Very-Low and 122 Low) along with 136 market-rate units The project will contribute significantly to the city’s progress toward satisfying SCAG 6 th Cycle RHNA requirements.
preliminary site work Is underway (stockpiling) and results of the developer’s application for tax exempt bonds for the development of the affordable portion of the project will be 10 announced in late August 2024 with hopes to begin construction in early 2025.

Mixed-Use/Senior Living (603 East Main Street)
Mixed use senior living and commercial project composed of ~6,800 square feet of commercial and 27 senior apartments. The developer is working with the Housing Authority on connecting potential tenants through their section-eight waiting list.

Harvest at Limoneira-Lewis (East Area 1)
All 586 lots for Phase I of the project have been sold to home builders and 585 homes are occupied. Of the 121 units available in Phase 1d, 50 units have been sold to Lennar Corporation and the remainder to Richmond American for housing development. Lennar has also purchased the entirety of the 545 units which comprise Phase 2 of the development (Foothill neighborhood). In addition, Lewis has submitted preliminary plans for the development of a 300 duplex rental units directly south of the Sports Park.

BUILDING AND SAFETY DIVISION
Permit and Fee Activity
March - May 2024
2024 VALUATION $280,041,992.26
BUILDING PERMITS 235 $272,083.12
PLUMBING PERMITS 93 $15,650.00
ELECTRICAL PERMITS 200 $28,092.00
MECHANICAL PERMITS 90 $15,316.00
TOTAL 618 $331,141.12
2023 VALUATION $1,085,381.42
BUILDING PERMITS 71 $33,398.80
PLUMBING PERMITS 18 $2,241.00
ELECTRICAL PERMITS 86 $8,279.00
MECHANICAL PERMITS 16 $1,561.00
TOTAL 191 $45,479.80

CODE COMPLIANCE DIVISION
There are currently a total of 102 active code compliance cases and 1 closed case.

Recruitment is currently underway for a Code Inspector.

ECONOMIC DEVELOPMENT
Staff continues to regularly dialogue with commercial and industrial real estate brokers and land owners to look for opportunities to connect businesses with available properties and 11 expand options for employment growth.

Staff continues to participate in Business round-table meetings, PBID coordination and faceto-face meetings with businesses.

The Economic Development Standing Committee has had two meetings in the last quarter and has discussed the implementation of a business outreach program and strategies for addressing vacancies in downtown retail spaces. In addition, the committee will be working with staff to identify key economic development priorities and strategies as they relate to the City Council Strategic Goals.

OTHER ACTIVITIES
Development Services Process and Program Audit – Citygate Citygate Consutling conducted staff and community interviews in January and in addition conducted community surveys (provided in English and Spanish). Hard copies of surveys were made available at customer service counters and surveys were direct emailed to prior permit applicants and businesses. Throughout the month of June 2024 Citygate reviewed their findings, recommendations and implementation plan with staff which culminated with a joint City Council - Planning Commission Study Session discussion on June 24, 2024. Staff will be working on work assignments and the allocation of resources to begin implementation of the identified process improvements.

Wayfinding Project – Hunt
Staff will be working with the consultant through the summer to complete an implementation plan that will include project priorities, project timelines and procurement strategies.

Infill Coordination.

ANALYSIS:

STRATEGIC PLAN:

FISCAL IMPACTS:

OPTIONS:

ATTACHMENTS:
12 To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: CITY MANAGER'S DEPARTMENT REPORT - MARCH 2024 - JUNE 2024 Date: July 2, 2024
Agenda Item: 7.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Receive and file the Department Report for City Manager’s Department for March 2024 - June 2024.

Presented by: Dan Singer, City Manager
BACKGROUND:

City Manager
Worked with Council, the Executive Team and consultants to conduct a preliminary community survey, Santa Paula Speaks, on the wants and desires of the community related to streets, capital improvement projects, and local control issues within Santa Paula. As a result of this effort, Council has authorized placing a ballot measure in November 2024 to allow the voters to decide on their priorities. Additional community outreach and education will continue on this effort.

Continued efforts on a national grant from the National League of Cities (NLC) to work on efforts in partnership with the Ventura County Community Foundation (VCCF) related to the Isabella Project and early education and childhood development in Santa Paula. Working with our Management Fellows, Deputy City Manager and Parks & Recreation Department, planned and coordinated the City's 122nd Anniversary & Union Oil Dedication Event, recognizing Chevron Corporation for their donation to the City. The event commemorated the property transfer with a memorial plaque and creation of a commemorative coin.

Deputy City Manager
Administrative
Continued oversight, tracking and execution of objectives in Council’s 2-Year Strategic Plan.

In partnership with the Park’s & Recreation Department, assisted with efforts related to 13 the Union Oil Building Request for Proposals (RFP).

Continued oversight of the City’s transition to joining the Clean Power Alliance (CPA) including outreach, addressing community FAQs and selection of city energy choices.

Continued oversight of American Rescue Plan Act (ARPA) allocations and considerations.

Kicked off a new employee engagement program known as MADE or Making A Difference Everyday in Santa Paula.

Economic Development
Started new Santa Paula Business Connect Program to better engage with local businesses.

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

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

Grants
Finalized grant funding agreement with County for $350,000 for the Boys & Girls Club and Community Center Renovation Project.

Applied for and awarded a VCTC VCSAFE Grant for $85,000 to purchase a new Incident Response Vehicle for the Santa Paula Police Department.

Applied for and awarded a California Emerging Technology Fund (CETF) grant providing the opportunity to secure $20,000 in funds to assist the community with broadband efforts which will be discussed with the Broadband Committee.

Legislative Affairs
Traveled to D.C. with the Mayor and Merchant McIntyre to successfully secure Community Funding Project Requests of approx. $2M dollars in Federal funding support from Congresswoman Julia Brownley, Senator Padilla and Senator Butler for the Crosstown Pipeline Water project. Worked with Congresswoman Brownley and developer Lewis-Limoneria to advance efforts on the Santa Paula Bridge Project. Efforts resulted in the Congresswoman requesting an additional $500,000 to assist with the Santa Paula Creek work plan.

Coordinated and conducted meetings with CA Senator Limon, Assemblymember Bennett, Ventura County Supervisor Long and the Mayor & Vice-Mayor.

Drafted and submitted the following letters:

Letter of Support - Regional Early Action Planning Grants (REAP 2.0) Program Funding
Letter of Support: National League of Cities Grant Application Project Isabella Letter of Support – Santa Paula Hospital
Letter of Support – Arts in the Parks Grant
Letter of Support – VC Multimodal Transportation Network Climate Project Letters of Support – AB1772, SB1494, SB1094
Letter of Opposition – SB1037, AB1886, Initiative No. 21-0042A1 Public Information
14 Led community engagement efforts related to Santa Paula Speaks, garnering approx. 2000 residents responses.

Issued 9 press releases from March through June.

Conducted meeting with ad hoc Communications Committee to focus on website redesign and evaluate Customer Relationship Management (CRM) vendors.

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

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

Assisted with support for various ribbon cutting ceremonies throughout the City.

Management Fellows
Established Santa Paula's first Leader Academy. Promoted the pilot program, which attracted 18 participants for the inaugural cohort which began April 9, 2024.

Conducted research on Customer Relationship Management (CRM) software options and presented findings to the ad hoc Communications Committee. Implementation of Constant Contact is now in place and training of other staff has begun.

Continued collaboration with Parks & Recreation Dept. to develop a Senior Master Plan for Aging.

Researched and implemented downtown security efforts for the Property Business Improvement District (PBID).

Assisted with translation efforts for the 2023 Water Consumer Confidence Report.

Engaged in research and collaboration with the County on developing a Climate Action Plan for Santa Paula.

Conducted research on Utility Bill Assistance programs across the County. Will present findings to Council in August 2024.

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

Continued oversight of meetings and mixers to work towards the creation of a Cultural Arts Council, now officially the Santa Paula Arte & Cultura Collective of Santa Paula, a 501c3. Will come to Council in August 2024 with an update.

Assisted with all social media channels, press releases, content design, website page creation, website calendar updates, social media upgrades, script writing, and new city video newsletter.

Additional work conducted includes:

Efforts related to Santa Paula Speaks.

PBID Annual Report
Coordinate and schedule interpretation services for public meetings.

Harvard Blvd. Project updates and dissemination via Constant Contact.

Helped facilitate the placement of Measure T decals on the city's vehicles.

Completed the onboarding training for DocuSign E-Signature to assist with its integration into our workplace.

Employee Enrichment activities related to MADE Program.

Human Resources Department
Hosted Lunch & Learn: Coping with Stress - A Wellness Perspective and Day After 5 de Mayo Employee Appreciation Event.

Employee Training: Traffic Control & Flagging and Everyday Teamwork. 15 Recognized and celebrated the 2024 Employee of the 1st Quarter.

Successfully recruited and onboarded:

Police - Police Officer (2)
Public Works - Administrative Analyst; Street Maintenance Worker Information and Technology Department
Continued work installing and moving equipment for the new Mesa water tanks. Worked with contractors integrating communication systems for the East Area One wells, pumps, and tanks.

Extended City network to Streets building at Corp Yard.

Completed power and network extensions to accommodate the Police Command Post trailer at City Hall.

City Clerk's Office
Processed 14 City Council agendas and minutes;
Attended 4 Bid Openings;
March-June - Processed Commission/Committee/Board applications, interviews, and oaths for:

One Measure T Oversite Committee;
One Park & Recreation Commission;
One Park & Recreation Youth; and
Five Affordable Housing Trust Fund Oversite Committee.

Scheduled for interviews July 1
st and appointment July 2nd:

Two Senior Advisory Committee;
One Park & Recreation Committee;
One Santa Paula Housing Authority;
One Design Assistance/Historic Preservation Committee; and One Mobile Home Rent Review Commission.

Continue to advertise and accept applications for Commissions, Committees, and Boards;
Continue to update Maddy Act as changes are made;
Processed 69 Public Records Requests;
Processed and Posted 6 Notice of Publications (3/1/2024-6/26/2024); Processed the Annual Fair Political Practice Commission (FPPC) Form 700; Begun the Biennial Review of the Conflict of Interest;
Begun the Election process for the November 2024 Elections; and Working with Consultant on updating the City Records Retention.

ANALYSIS:

None
STRATEGIC PLAN:

None
FISCAL IMPACTS:
16 None
OPTIONS:

None
ATTACHMENTS:
17 To: Honorable Mayor and Members of the City Council
From: Donald Aguilar, Police Chief
Subject: POLICE DEPARTMENT REPORT
Date: July 2, 2024
Agenda Item: 7.F

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:
(1) Receive and file Police Department Report.

Prepared by: Don Aguilar, Police Chief
BACKGROUND:

For providing progress in several aspects of the Police Department, it is important to report quarterly to the City Council.

ANALYSIS:

In the past, the Chief of Police has provided reports to the City Council, highlighting key areas such as crime statistics, trends, grants status', dispatch response, achievements, and noteworthy events.

1. Crime Statistics

2. Training

3. Department Project Upgrades Status

4. Staffing/Recruitments

5. Accomplishments

6. Officer of the Year

7. Engagement

8. Emergency Preparedness
STRATEGIC PLAN:

The quarterly report provides a metric for Strategic Plan Goal E., Objective #3. E. Public Safety
Goal:

Create an environment within the City in which our residents feel safe and which promotes the City as a location of choice for living, working, visiting and recreating. 18 Objective 3:

Work towards the execution and implementation of the Police Department Strategic Plan FISCAL IMPACTS:

None
OPTIONS:

ATTACHMENTS:
19 To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: APPROVAL OF MINUTES
City Council Special Meeting June 5, 2024
City Council Regular Meeting June 5, 2024
Date: July 2, 2024
Agenda Item: 10.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:

None.
20 ATTACHMENTS:
2024.06.05 City Council Special Minutes.pdf
2024.06.05 City Council Regular Minutes.pdf
21 CITY OF SANTA PAULA
City Council Special Meeting
June 5, 2024, 5:00 PM

MINUTES

SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Cornejo called the meeting to order at 5:00 p.m.
2) ROLL CALL
Members Present: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, and Andy Sobel
3) PUBLIC COMMENT
None.
4) CLOSED SESSION

4.A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957(b)(1), Title: City Manager
Council recessed to closed session at 5:01 p.m.
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported there was no reportable action taken. 6) ADJOURNMENT
Mayor Cornejo adjourned the meeting at 6:25 p.m.

Julie Latshaw, City Clerk
ATTEST:
22 CITY OF SANTA PAULA
City Council Regular Meeting
June 5, 2024, 6:30 PM

MINUTES

REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Cornejo called the meeting to order at 6:34 p.m.
2) INVOCATION
Rev. Audrey Vincent provided the Invocation.
3) FLAG SALUTE
Vice Mayor Chavez led the flag salute.
4) ROLL CALL
Members Present: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, and Andy Sobel
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported Council convened in closed session at 5:00 p.m. There was no reportable action taken on the following item:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54947(b)(1), Title: City Manager.
6) PUBLIC COMMENT
Mary Ann Krause was called to speak with concerns of the possible closing of the Maternity Unit and ICU at Santa Paula Hospital.

Richard Rudman was called to speak on the importance of the Farmer's Market and making it grow.

Connie Romero was called to speak with concerns of safety at the pedestrian crossing at the intersection of 4th and Main Street. City Manager Dan Singer explained that new equipment is in the works to upgrade that intersection. 23 7) PRESENTATIONS

7.A) PRIDE MONTH PROCLAMATION
Mayor Cornejo presented the Pride Month Proclamation to Brittany Botts-Volaski and the Members of the Santa Clara River Valley Pride Committee.

AJ Holmes was called to speak in support of the Pride Month Proclamation.

Dr. Nancy Grass was called to speak in support of the Pride Month Proclamation.

Cynthia Salas was called to speak in support of the Pride Month Proclamation.

Francisco Estrada was called to speak in support of the Pride Month Proclamation.

7.B) LEAGUE OF CALIFORNIA CITIES LEGISLATIVE UPDATE
This item was postponed.

7.C) UNITED WATER CONSERVATION DISTRICT PRESENTATION
John Lindquist, Water Resources Supervisor, presented the United Water Conservation district Presentation.

7.D) VENTURA COUNTY HEALTH CARE AGENCY & SANTA PAULA

HOSPITAL PRESENTATION
Barry Zimmerman, VCHCA Director provided a presentation on the Ventura County Health Care Agency.

John Fankhauser, M.D., CEO VCMC/Santa Paula provided a
presentation on the Santa Paula Hospital.

Cynthia Salas was called to speak expressing she would have liked to have known earlier on the status of the down cline of the use of the Santa Paula Hospital in order to assist in getting the word out to the public.
8) CITY COUNCIL REPORTS
Councilmember Sobel:

Attended the Bobcat opening; Ventura County Regional Energy Alliance Energy meeting; Santa Paula Unified School District Career and Education Celebration; Women Economic Venture Event Community Impact Report; Volunteer Appreciation Evening; Santo Niño de Atocha Welcoming Walk; Memorial Day Celebration; Isabella Project Meetings; Fire Station 29 groundbreaking event; 2x2 meeting with Santa Paula Unified School District at Harvest; and the Celebration for Maddie Sifantus.

Vice Mayor Chavez:
24 Announced upcoming community events: Santa Paula Cruise Night; Farmers Market; Guadalupe Church Santo Nino de Atocha Procession and Closing Mass; Santa Paula Social Services Coalition Fair & Social Services Fair; Cirtus Festival; and 4th of July drone show.

Councilmember Crosswhite:

Attended the Volunteer Appreciation Event; Bobcat opening; and Southern California Association of Governments meetings.

Councilmember Juarez:

Announced that the Senior Advisory Committee meeting was canceled for May and June; attended the Employee Appreciation and Cinco de Mayo event; assisted with the orientation of new Police employee; attended the Senior Wellness Fair; Joint Planning Commission meeting; Police Memorial Ceremony; Rotary Scholarship Ceremony; Odd Fellows Function; Isbell School, The Challenge Event; Santa Paula Blue Ribbon Advisory Committee; Memorial Day Service at the Cerimetry; announced landslide pedestrian pass on the Hwy 150; Fire Station Groundbreaking; Business Roundtable; Citizen Corp Liaison meeting and announced upcoming Cruise Night.

Mayor Conejo:

Attended Memorial Day Ceremony at the Cemetary; 2x2 meeting; Business Roundtable meeting; the Santa Paula Unified School District presentation; Ventura County Taxpayers Foundation Outlook Conference; Zoom Discussion regarding Universal Income with CEO Vanessa Bechtel from the Ventura County Community Foundation; meeting with Supervisor Long; Bobcat opening; Employee Appreciation event; Santa Paula Unified School District Career and Education Event; and Santa Paula Basin Pumpers Annual Meeting. 9) CITY MANAGER REPORTS
City Manager Singer:

Attended the Fire Station Groundbreaking; 2x2 meeting; and Business Roundtable meeting.
10) CONSENT CALENDAR

10.A) APPROVAL OF MINUTES
Joint City Council and Planning Commission Special Minutes May 9, 2024
City Council Special Meeting May 15, 2024
City Council Regular Meeting May 15, 2024
Councilmember Juarez recused from the May 15, 2024 minutes.

10.B) RESOLUTION NO. 7520 OPPOSING INITIATIVE NO. 21-0042A1 - THE

TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY
ACT
This item was postponed.
25 10.C) APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING

AND COMMUNITY DEVELOPMENT (HCD) SEEKING A

PROHOUSING DESIGNATION BY THE STATE
This item was pulled for separate discussion and vote.

Council was in consensus to move this item to the June 19, 2024, meeting, providing time to further study the item.

10.D) THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH TRIPEPI SMITH AND ASSOCIATES FOR MEDIA RELATIONS

AND PUBLIC INFORMATION SERVICES

10.E) EAST AREA 1 TRACT 5854 - RESOLUTION NO. 7513 PARTIALLY

ACCEPTING PHASE ONE OF THE SPORTS PARK IMPROVEMENTS

WITH A ONE YEAR WARRANTY
This item was pulled for separate discussion and vote.

City Attorney Monica Castillo provided information of changes as follows:

1. Remove from the staff report, the second paragraph under Analysis "Consistent with DA Amendment No. 4 Developer will deposit $200,000 to ensure the successful establishment of turf using sod. This provision is also consistent with Section 11 of the Acquisition Agreement that allows for a retention of 150% of the value of remaining work to ensure completion." The Development Agreement does not require Limoneira Lewis to make a deposit. They are going to put up that cash contribution, which they may have already.; and

2. Amend the resolution, deleting the existing recital, Section 1. K., and replace with "Under Section 11 of the Acquisition Agreement, upon acceptance of the Sports Park Phase 1 Improvements, the City must issue payments from CFD funds in the amount of the acquisition price, "provided and to the extent that funds are available, except that [LLCB] shall choose one of the following options prior to release of the final five percent (5%) [of the acquisition price]: (1) City shall retain five percent (5%) of the acquisition price until expiration of the one-year warranty period for the subject [Sports Park Phase 1 Improvements]; or (2) [LLCB) shall obtain a maintenance bond until expiration of the one-year warranty period for the subject [Sports Park Phase 1 Improvements]."; and deleting the recital, Section 2. D. and replace with "LLCB will provide for a warranty agreement for a period of one (1) year in an amount equal to a maximum of five percent (5%) of the acquisition price of the Sports Park Phase 1 Improvements (i.e., $678,217.50) accepted by the City in satisfaction of Section 11 of the Acquisition Agreement." Motion: Approve as amended Resolution No. 7513 partially accepting the East Area 1 Tract 5854 Phase One of the Sports Park Improvements with a One Year Warranty, amending the staff report and resolution as provided by the City Attorney.

Moved by Jenny Crosswhite, seconded by Carlos Juarez
Vote: Motion carried 4-0
Yes: Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, Andy Sobel 26 Item 10.B was postponed to a later date. Items 10.C and 10.E were pulled for separate discussion and vote.

Motion: Approve Consent Calendar items 10.A and 10.D. with Councilmember Juarez recusing on item 10.A, minutes dated May 15, 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
11) PUBLIC HEARING

11.A) INTRODUCTION AND WAIVER OF FIRST READING OF ORDINANCE NO. 1337 TO GRANT A FRANCHISE TO BLACK WALNUT ENERGY

STORAGE, LLC FOR UNDERGROUND INTERCONNECTION AND

TRANSMISSION EQUIPMENT IN, ALONG, ACROSS, UPON, AND

UNDER CERTAIN PUBLIC STREETS AND RIGHT-OF-WAY WITHIN

THE CITY OF SANTA PAULA
Mayor Cornejo opened the public hearing. With no public comments, the public hearing was closed.

This item was presented by Tom Tarantino, Planning & Economic Development Manager and Ginger Andersen, Project Representative with Brownstein Hyatt Farber Shreck.

City Clerk Julie Latshaw announced there was no protests received.

Motion: Approve waiving the first reading and introduction by title only Ordinance No. 1337 entitled "Ordinance to Grant Franchise to Black Walnut Energy Storage, LLC to Use or Lay and Use Interconnection and Transmission Wiring and Appurtenances for the Purpose of Transmitting and Distributing Electricity In, Along, Across, Upon, and Under Certain Public Streets and Right-of-Way Within the City of Santa Paula." 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.B) SANTA PAULA GEOLOGIC HAZARD ABATEMENT DISTRICT FISCAL YEAR 2024/25 ANNUAL BUDGET AND ASSESSMENT LEVY
Mayor Cornejo opened the public hearing. With no public comments, the public hearing was closed.

This item was presented by Clete Saunier, Public Works Director and Haley Ralston, Project Geologist with ENGEO Incorporated.

Motion: Approve Resolution No. 7519 approving the fiscal year 2024/2025 budget and extending a $1,246.00 assessment levy per residential parcel onto the fiscal year 2024/2025 tax roll for the Santa Paula Geologic Hazard Abatement District.

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

12.A) CITYWIDE GOVERNANCE POLICY CONSIDERATION
This item was presented by Deputy City Manager Jonathan Royas.

Cynthia Salas was called to speak opposing a citywide governance policy.

Motion: Table this item until after the November 5, 2024 election, on the establishment of a Citywide Governance Policy.

Moved by Carlos Juarez, seconded by Pedro A Chavez
Vote: Motion carried 3-2
Yes: Leslie Cornejo, Pedro A Chavez, Carlos Juarez
No: Jenny Crosswhite, Andy Sobel

12.B) FIRST AMENDMENT TO THE AFFORDABLE HOUSING TRUST FUND

OVERSIGHT COMMITTEE GUIDELINES
Motion: Approve as amended Resolution 7522 amending the Affordable Housing Trust Fund Oversight Committee Guidelines to further refine the definition of "public employee" and add Section 2.D providing some flexibility to the Council relative to appointments outside the enumerated membership categories, and add additional amendments as follows: 1) Section 2.B., strike "A U.S Citizen"; 2) Section 2.B., add the word "someone" in the paragraph of Not a public employee; and 3) Section

5.3, add "in consultation with staff".

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
Motion: Approve to continue the meeting past 10:30 p.m.

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

12.C) APPOINTMENTS TO THE AFFORDABLE HOUSING TRUST FUND

OVERSITE COMMITTEE
Motion: Approve Appointment of applicants to the Affordable Housing Trust Fund Oversite Committee as follows:

Three-year term (6/5/2024-6/5/2027) Gloria Martinez, Olav Hassel, and Gayle Washburn
Two-year term (6/5/2024-6/5/2026) Joseph Beerhalter and Christen Lopez
Moved by Pedro A Chavez, seconded by Jenny Crosswhite
28 Vote: Motion carried 5-0
Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel

12.D) CONSIDERATION OF AN AD HOC COMMITTEE TO ADDRESS AN

AFFORDABLE HOUSING FUNDING REQUEST
Vice Mayor Chavez recommended Mayor Cornejo and Councilmember Crosswhite to serve on Ad Hoc Committee on Affordable Housing.

Council was in consensus with the recommendation.
13) ITEMS FOR FUTURE AGENDAS

13.A) FUTURE AGENDA ITEMS
Looking to possibly schedule for June 26th, a joint City Council and Planning Commission meeting to go over the findings of Citygate.

City Manager Dan Singer will verify if there is a legislative platform that will allow the Mayor to send a letter to the Ventura County Board of Supervisors opposing the closing of Santa Paula Hospital units.

Vice Mayor Chavez indicated that his request to place on a future agenda regarding a vacant property ordinance, can be discussed after hearing from the Community Development Department report on June 19th.
14) ADJOURNMENT
Mayor Cornejo adjourned the meeting at 10:52 p.m.

Julie Latshaw, City Clerk
ATTEST:
29 To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Deputy City Manager
Subject: COUNTY RIGHT OF WAY USE AGREEMENT TO INSTALL AND

INTERCONNECT CONDUIT AND FIBER OPTIC CABLE NETWORK
Date: July 2, 2024
Agenda Item: 10.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Approve and authorize the City Manager to execute a Right of Way (ROW) Use Agreement with the County of Ventura, in a form approved by the City Attorney’s office, to allow access to the City’s ROW in exchange for two (2) strands of dark fibers along the 46-mile County network route.

BACKGROUND:

The County of Ventura embarked on a regional public fiber network in 2022, which will serve to ultimately interconnect all of the cities in the County to improve inter-agency communications, public safety, and emergency response, while also providing an asset that could be leveraged to address broadband affordability and access for businesses and residents within the County. In addition, these actions are being taken to help close the "digital divide."
In January 2023, the County solicited a qualified private Internet Service Provider (ISP) partner and selected Astound Broadband as the operator of this regional network. Astound will privately fund and build extensions from the County network into residential neighborhoods and business corridors to provide competitive, high-speed internet services, particularly focused on under-served areas.

ANALYSIS:

Staff is requesting approval to execute a Right of Way (“ROW”) Use Agreement with the County of Ventura (“County”) to grant the County permission to encroach under, on, and along the City ROW for the purpose of installing, maintaining, and operating Ventura County’s Fiber Network.

The County would compensate the City for use of the City’s ROW by authorizing the use of two strands of dark fiber along the 46-mile length of the County Fiber Network route, from U.S.

Highway 101 and extending east to Interstate 5, providing the City with interconnection 30 capabilities on either end with the California State Middle-Mile Broadband Network.

A portion of the County Fiber Network will encroach upon, under and across the public rightsof-way of the City following an approximate route along N. 12 th Street from the railroad
crossing, and running along E. Santa Barbara Street, providing for interconnection with the City network near the intersection of 8
th Street and Santa Barbara Street, before reconnecting back onto the railroad ROW near N. 7
th Street, and will require directional boring and other construction within said public rights-of-way along the routes depicted in Attachment A (for map, see Exhibit A to the proposed Agreement attached to this staff report.) The proposed approximately 46-mile route roughly follows Highway 126 and the railroad tracks used by Sierra Northern Railway, starting with a California State Middle Mile interconnect at Highway 126 and Interstate 5, and heading west all the way to U.S. Highway 101 (and a second California middle-mile interconnect), before continuing south and terminating at the intersection of W. Gonzales Road. The County map is Exhibit B to the proposed Agreement. The route diverts into each City along the way to interconnect with the respective cities’ networks and to bring the network in closer proximity to potential subscribers.

The County has since negotiated a joint build with the State of California along the route; the original State middle-mile route was proposed to follow Highway 126 from I-5 but stop in Santa Paula; through the County-State joint build, the state middle mile will now follow the same County route and extend all the way to U.S. 101, providing the City with multiple interconnection points along the state network.

State telecom franchise agreements provide qualified ISPs like Astound Broadband with rights to encroach on any public ROW, that only applies to assets owned by the ISP. While Astound Broadband will be the County’s private partner, handling all construction, operations, and maintenance of the County network, the assets (conduit, fiber, and outside plant) will be publicly owned by the County, thus requiring the ROW Agreement between the City and County. The Agreement provides the County with the ability to sub-license the ROW access to the State of California with prior written notice to the City, so that the State’s conduits/plant (as part of the middle-mile joint build) can similarly be located in the same trench within City ROW.

As compensation for access to the City’s ROW, the County would provide two (2) strands of dark fiber for non-commercial City use along the entire ~46-mile route in perpetuity. These dark fiber routes would provide capabilities for the City, including enabling the City, if it so desired, to secure its own wholesale data transport, rather than paying for monthly subscriptions to Spectrum or any other carriers that are providing service now or in the future.

The market value of a dark fiber strand in Ventura County is currently approximately $50 – 55 per strand mile, per month.

Construction of the County Network is anticipated to start in late 2024, but final joint build agreements with the State, which require the ROW access as contemplated in the Agreement, are being finalized now.

STRATEGIC PLAN:

Approval of this item supports City Council’s goal of maintaining and developing the City's infrastructure to be safe, sustainable, innovative, and cost-efficient under Section C. 31 Infrastructure, Transportation & Mobility of the two-year Strategic Plan.

FISCAL IMPACTS:

There are no fees or costs that would create a financial impact to the City that would be triggered by the Agreement. The compensation of two (2) dark fiber strands could, in the future, potentially save the City the annual expenses it might have incurred if it were to lease dark fiber from a private carrier. However, the strands are reserved for non-commercial uses and cannot be leased, sold, or used for revenue-generating purposes.

OPTIONS:

As an alternative to staff's recommendation, the City Council has the following options available:

1. Provide staff alternative direction.

ATTACHMENTS:

Attachment A - Santa_Paula_-_ROW_License_Agreement_-_Ventura_County_Fiber_5-20- 24-c1jr1.docx
32 RIGHT OF WAY USE AGREEMENT
(Ventura County – City of Santa Paula)
This Right of Way Use Agreement (“Agreement”) is made effective as of the latter of the two signatures below, by and between the City of Santa Paula, a general law city and municipal corporation of the State of California (hereinafter called the “City”), and the County of Ventura (hereinafter “County”). City and County are collectively known as the “Parties.”
WHEREAS, the County has undertaken a countywide broadband strategic planning process to upgrade County communications and services and expand connectivity, competition, and access to all residents, businesses, and stakeholders of the County;
WHEREAS, in pursuit of the County’s broadband goals, the County intends to construct and operate a fiber optic network consisting of fiber, conduit, cabinets, handholes, and other appurtenances (“County Fiber Network”); WHEREAS, a portion of the County Fiber Network will encroach upon, under and across the public rights-of-way of City following an approximate route along N. 12th Street from the railroad crossing, and running along E. Santa Barbara Street, providing for interconnection with the City network near the intersection of 8th Street and Santa Barbara Street, before reconnecting back onto the railroad ROW near N. 7th Street, and will require directional boring and other construction within said public rights-of-way along the routes depicted in Exhibit A attached hereto and incorporated herein; WHEREAS, under City’s Municipal Code, Chapter 18.100, no encroachment or excavation is permitted within the City’s public rights-of-way without an encroachment permit or other authorization from the City;
WHEREAS, pursuant to Section 18.100.070(I), no City encroachment permit is required for encroachments or excavations on or in a City public right-of-way if the encroachment is made pursuant to a license that has been approved by the city council and grants a revocable permission to occupy a particular portion of City public rights-ofway, such as contemplated herein; WHEREAS, County has requested authorization from City to install the County Fiber Network within the City’s public rights-of-way;
WHEREAS, in lieu of any other compensation for such rights, County is willing to allow City to use specified fibers in the County Fiber Network for City’s non-commercial governmental purposes;
WHEREAS, the County, as lead agency, has determined that the Project, including this Agreement, is statutorily exempt from CEQA pursuant to Senate Bill 156 (2021) (“SB 156”). (Pub. Res. Code § 21080.51.) Pursuant to SB 156, CEQA does not 33 apply to a project funded by Item 7502-062-8506 of the Budget Act of 2021 or any entity, including a public entity or private or nonprofit corporation, that consists of linear broadband deployment in a right-of-way and meets all necessary conditions; WHEREAS, the City is a responsible agency under CEQA with respect to the Project;
WHEREAS, the City, in its role as responsible agency, has determined that the Project, including this Agreement, is statutorily exempt from CEQA pursuant to SB 156 and Public Resources Code section 21080.51 and all necessary conditions have been satisfied.

NOW THEREFORE, in consideration of the mutual promises and agreements hereinafter contained, the parties hereto agree as follows:

A. COUNTY AUTHORIZATION TO ENCROACH UPON CITY PUBLIC RIGHTS-OF-WAY

1. Authorization. The City hereby grants County a license to encroach under, on and along its public rights-of-way for the purpose of the installation, maintenance and operation of the County Fiber Network upon various portions of City public rights-of-way, as more specifically depicted on Exhibit A attached hereto and incorporated herein.

2. Term. This grant shall be in perpetuity, unless revoked in accordance with this Agreement.

3. Compensation to City.
a. The County shall not be required to pay to the City any ROW use fees for the authorization to use the public rights-of-way given hereunder other than those specified in this Agreement. b. In lieu of monetary compensation, City shall have the right to utilize two (2) strands of dark fiber along the path preliminarily identified in Exhibit B, as may be modified or changed in the final design (“City Strands”). No rent or license fee shall be payable to County from City for City’s non-commercial use of the two (2) strands of dark fiber. County, at no cost to City, shall maintain the City Strands for the useful life of the asset, and City shall provide at City’s cost, all electronics, connections, and other improvements and equipment utilized to utilize the City Strands.

B. COUNTY’S RESPONSIBILITIES

1. Repairs. Any and all damage to any property or public right-of-way resulting from the installation, maintenance, and operation of the County Fiber Network 34 by County shall be repaired by County at no expense to the City and to the satisfaction of the City or the reasonable satisfaction of the affected property owner. In addition, County agrees to restore all property or public right-of-way affected by construction of the County Fiber Network to the condition it was in prior to commencement of construction of the County Fiber Network, at no expense to the City or the affected property owner and to the satisfaction of the City or the reasonable satisfaction of the affected property owner.

2. Damages to Property. County shall assume all responsibility for all damages to property (including the County Fiber Network) or injuries to persons (including accidental death) which may arise from or be caused by County’ performance under this Agreement or by the performance of any other party which County directly or indirectly employs to perform under this Agreement. The obligations of this paragraph apply regardless of whether such damage or injury accrues or is discovered before or after termination of this Agreement.

3. City Remedial Work. In the event County fails to perform any of its obligations under this Agreement within the period after delivery of written notice of such failure specified below and the City performs any such work, County shall reimburse the City its full actual, documented and reasonable costs.

4. Notices of Failure to Perform. If County fails to perform any of its obligations under this Agreement, the City may notify County of such failure and County shall remedy such failure within the following period after delivery of written notice by City: (i) within 48 hours for Emergency Repairs as defined below; (ii) within 10 business days for non-emergency repairs or maintenance or failure to pay amounts due to City; or (iii). “Emergency Repairs” means work to correct a hazardous condition whose condition would risk injury, loss of life, property damage, or where immediate correction is required to maintain or restore essential public utility service.

5. Relocation. County shall remove or relocate, without cost and/or expense to City, the County Fiber Network, or any part of it, if and when made necessary by either the installation, abandonment, change of grade, alignment or width of any street, sidewalk or other public facility or the construction, maintenance or operation of any other City or other public agency underground or aboveground facilities (including, by way of example and not limitation, any sewer, storm drain, conduits, gas, water, electric or other utility systems or pipes), provided that City or other public agency is acting in its governmental capacity. In the event all or any portion of any public rights-of-way occupied by County Fiber Network is needed by City or other public agency for a governmental purpose or in the event the existence of County Fiber Network or any part of it shall be considered detrimental to the public health, safety, welfare, or convenience or to governmental activities including, but not limited to, interference with City or other public agency construction projects, or is in conflict vertically and/or horizontally with any proposed City or other public agency installation, County shall remove and relocate County Fiber Network or the involved part of it, without cost or expense to City or other public agency, to such other location or 35 locations on the public rights-of-way as may be designated by City or other public agency. Said removal or relocation shall be completed, without cost or expense to City, within one hundred eighty (180) days of notification by City or other public agency. In the event County Fiber Network or the involved part of it is not removed or relocated within said period of time, City or other public agency may cause the same to be done at the sole cost and expense of County. To the extent relocation of County Fiber Network or the involved part of it is required solely to accommodate (i) a non-public agency third party for non-governmental reasons, (ii) City acting in a proprietary capacity for non-governmental reasons, or (iii) City acting on behalf of a non-public agency third party for non-governmental reasons, the relocation shall be paid for in advance by City or the non-public agency third party.

6. Dig Alerts. County shall become a member of "Underground Service Alert of Southern California" and agrees to maintain and keep current its membership in said organization throughout the term of this Agreement, and to comply with "Underground Service Alert of Southern California" noticing and other requirements.

7. Indemnification. County shall indemnify, protect, defend, and hold harmless the City, its City Council, officers, officials, employees, servants and agents against any and all claims, demands, losses, costs, expenses, fees, penalties, damages, or liability of any kind or nature resulting from, or arising with respect to, the grant of this Agreement including the City’s determination that the grant of this Agreement and the County Fiber Network is covered by one or more categorical exemptions pursuant to the California Environmental Quality Act and is not subject to any exceptions. As indemnitees, the City, City Council as well as the City’s boards, commissions, officers, agents, volunteers and employees shall have the right to approve the attorneys selected by County to represent them. In the event County does not provide attorneys acceptable to the indemnified parties, the indemnified parties may select attorneys of their choice, so long as the attorney’s rates do not exceed the greater of the rates the indemnified parties pay for other legal services, or the amount the County pays for their legal services in the matter.

8. As Built Maps. County shall provide City with as built maps within thirty (30) days of completion of construction and final inspections.

9. City Permits. County will apply for and obtain all required permits and pay all City permit fees. However, no encroachment permit shall be required pursuant to Section 18.100.070(I) of the City Municipal Code.

C. CITY RESPONSIBILITIES

1. City Cooperation. To facilitate County’s buildout of the County Fiber Network with minimal disruption to the general public from County’s activities, the City agrees, to the best of its ability during the initial construction period, to do the following:
36 a. Provide streamlined processes and expedited response times for permits during the initial construction period. The City will use reasonable efforts to ensure that County’s permit application for will be reviewed and acted upon within approximately thirty (30) days from receipt of a complete application. County understands that the City may contract with outside consultants to assist in expediting the review, inspection, and monitoring process, and these costs will be passed on to County in its permit fees, and must be paid to City as a condition of permit issuance; and
b. Cooperate with County to educate residents and businesses on potential disruptions from construction, and public right-of-way access.

D. OTHER TERMS

1. Responsibility for Costs. Except as specified otherwise herein, each Party will be responsible for and bear all of its own costs and expenses incurred at any time in connection with the performance of its responsibilities under this Agreement.

2. Applicable Law and Venue. This Agreement shall be governed by the laws of the State of California. Any dispute or controversy arising under or related in any way to this Agreement shall be adjudicated by a state court of competent jurisdiction located in Ventura County, California.

3. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument.

4. Termination to Protect Public Welfare. The City may terminate this Agreement in order to protect the public health, welfare, and/or safety at any time by providing one hundred eighty (180) days’ written notice of said termination to County; provided that, no such written notice of termination may be provided by City unless the City Council makes a determination that, in the opinion of the City Council, such termination is warranted, after holding a public hearing to consider such facts and circumstances that are relevant to the determination and at which public hearing County shall have be given an opportunity to be heard. When said termination occurs, County shall have no further right to utilize those portions of the County Fiber Network within the City in any manner and (i) County shall remove the County Fiber Network at its own expense and shall repair and restore all City property and all public rights-of-way which were affected by the placement, maintenance, or removal of the County Fiber Network to a condition satisfactory to the City; or (ii) if City so elects, County shall leave the County Fiber Network (or portions thereof) in place and transfer those portions of the County Fiber Network within the City to the ownership of City without the payment of any compensation. Whenever County incurs an obligation to remove or leave in place and transfer those portions of the County Fiber Network within the City pursuant to this 37 paragraph, County shall comply with its obligation within ninety (90) days of the effective termination date of this Agreement.

5. Notices. All notices required or provided for under this Agreement shall be in writing, delivered in person or by certified mail, return receipt requested, addressed to the parties as indicated, below. Any notice so delivered shall be effective on the date of its delivery. Any party may change its address for notice by giving ten (10) days’ notice of such change in the manner provided for in this paragraph. Notices may be served as follows:
a. Upon City, to Dan Singer, City Manager, or at such address as City may subsequently provide to County, and depositing such notice in the United States mail, postage prepaid or,
b. Upon County, to _________________________ , or at such address as County may subsequently provide to City, and depositing such notice in the United States mail, postage prepaid.

6. Dispute Resolution.
a. If a dispute arises between the parties relating to this Agreement, the parties agree to use the following procedure prior to resorting to judicial relief by a court of competent jurisdiction. A meeting shall be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation in accordance with the pursuant to the rules of Judicial Arbitration and Mediation Services (“JAMS”), as amended or as augmented in this Agreement. Each party shall pay their own costs of mediation. The parties shall jointly appoint a mutually acceptable mediator, seeking assistance in such regard from the JAMS if they have been unable to agree upon such appointment within twenty (20) days from the conclusion of the negotiation period. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days.
b. If the parties are not successful in resolving the dispute through mediation as described above, the parties may pursue any remedy at law or in equity by a court of competent jurisdiction. c. Notwithstanding the provisions of this para. 6, either party shall be entitled to seek declaratory and injunctive relief in any court of competent jurisdiction to enforce the terms of this Agreement or to enjoin the other party from an asserted breach thereof, pending the selection of a referee, on a showing that the moving party would 38 otherwise suffer irreparable harm.

7. Prevailing Party. If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party reasonable costs and expenses in such amount as the court or arbitrator may adjudge to be reasonable attorney's fees and costs incurred by the prevailing party in such action or proceeding.

8. Captions. The captions herein are for convenience and references only and are not a part of this Agreement and do not in any way limit, define or amplify the terms and provisions hereof.

9. Assignment. County may sell, assign, transfer or lease any interest in those portions of the County Fiber Network within the City or assign or transfer any of its rights or obligations in this Agreement with the prior written notice to City.

10. Sub-Contracting. County may delegate or subcontract with any third party for the performance of any of its responsibilities or duties under this Agreement; provided that (i) County shall ensure the subcontractor is licensed and qualified to perform the work and the third party contract contains at least the same level of restrictions on the subcontractor as those contained in this Agreement; and (ii) any delegation or subcontracting by County will not operate to relieve County of its responsibilities and obligations under this Agreement. Rather, County remains responsible and liable for any work performed by a subcontractor as if County had performed the work itself and County accepts complete responsibility for the acts or omissions of its agents, subcontractors and all others it hires, engages, or contracts with to perform or assist in the performance of the Agreement.

11. No Waivers. A waiver by the City of any breach of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained in this agreement, whether of the same or different character.

12. Severability. If any part of this agreement is held invalid, the remaining terms and conditions shall not be affected unless their enforcement under the circumstances would be unreasonable, inequitable, or otherwise frustrate the purposes of this agreement.

13. Independent Contractors. The parties are independent entities and are not to be, and shall not be, construed as joint venturers, partners, employer/employee, or agents one of the other, and neither shall have the power to bind or obligate the other except as set forth in this Agreement.

14. Entire Agreement. This Agreement, including the Exhibit A attached hereto, constitutes the entire agreement between the parties and supersedes any 39 previous oral or written agreements with respect to the subject of this Agreement. No amendment or modification to the Agreement shall be valid and binding unless in writing and signed by authorized representatives of both parties.

15. Representations. Each party represents, with respect to this Agreement:
(a) has taken all corporate and/or governmental action necessary for the authorization, execution and delivery of such agreement and to make such agreement legal, valid and binding; (b) has no agreement or understanding with any third party that interferes with or will interfere with its performance of the Party’s obligations under this Agreement; and (c) is not interfering with any other party’s rights or contracts, or violating the terms of any agreements with other parties, by entering into and/or performing under the terms of this Agreement.

IN WITNESS WHEREOF, the authorized representatives of the parties hereby sign below:
[SIGNATURE PAGE FOLLOWS]
40 CITY:

The City of Santa Paula
By:

Name: _____________
Title: City Manager
Date:

COUNTY:

The County of Ventura
By:

Name:

Title:

Date:
41 Exhibit A: County Fiber Network
County Fiber Network
42 EXHIBIT B: County Fiber Network
County Network Route providing Dark Fiber strands
43 44
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT

WITH MKN & ASSOCIATES FOR PHASE I REDESIGN OF THE

ADVANCED WATER TREATMENT FACILITY
Date: July 2, 2024
Agenda Item: 10.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with MKN & Associates, Inc. for the Advanced Water Treatment Facility (AWTF) Phase I Redesign in a form approved by the City Attorney.

BACKGROUND:

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

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

Over the last several years, chloride concentrations at the WRF have been dropping near, and in some cases below, the 110 mg/L concentration requirement. Exhibit A presents a chart showing more than 12 years of average monthly chloride concentrations in the WRF treated effluent between January 2012 and April 2024.

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

This trend could affect the need, or at a minimum, the design criteria for the AWTF.

In November 2022, City staff presented the Wastewater System Collection System Chloride 45 Source Evaluation technical memorandum (TM). The TM summarized a study conducted by the City, Ventura Regional Sanitation District (VRSD), and MKN. The objective of the study was to evaluate concentrations of chloride in Santa Paula’s wastewater collection system in an attempt to identify potential sources, consider potential source control measures, and estimate whether the downward trend in chloride concentration is likely to continue. While the sampling program could not confirm the cause of reduction in chloride levels, it indicated collection system conditions will drive WRF effluent chloride concentrations. City Council directed staff to request an extension to the interim milestones of the CDO to continue studying the collection system chloride levels and evaluate the potential for the WRF to meet the chloride limits without the AWTF Project.

At the February 15, 2023 City Council meeting, City Council received an update on the wastewater chloride source study, considered options moving forward, and directed staff to develop a Chloride Source Identification Study to explore chloride reduction strategies with an estimated cost of $130,000 - $200,000. The detailed scope for the chloride study and cost of just under $131,000 was authorized in May. Sampling was conducted in June & July 2023.

At the November 15, 2023 City Council meeting, City Council received a report on the Draft Wastewater Chloride Source Identification Study. The Santa Paula Chloride Source Evaluation, conducted by Larry Walker Associates, aimed to identify sources of chloride impacting the Santa Paula Water Reclamation Facility. Initial efforts from the sampling conducted between April and September 2022 pointed to potential sources such as selfregenerating water softeners, water supply, residential and commercial water use. Subsequent investigations at nine strategic locations in June and July 2023 revealed major contributors in Central Santa Paula, Western Santa Paula, and downstream of Central Santa Paula on Acacia Road. These areas, particularly upstream of Site 19, within Western Santa Paula, and upstream of Site 7, were identified as focus areas for potential future chloride control strategies. The study recommended additional sampling at specific locations to confirm chloride sources, assess the feasibility of source control efforts, and determine where such efforts should be concentrated.

The November 15
th report provided three options for moving forward, including 1) pausing the bid process for the AWTF and continuing the chloride study, 2) ending the chloride study and moving forward with the AWTF bid process using the current design, or 3) pausing the AWTF bid process and performing a design refinement study for the AWTF while continuing the chloride study concurrently. The third option was recommended by City staff and, after discussion and consideration, City Council directed staff to move forward with Option 3.

At the December 6, 2023 City Council meeting, City Council authorized MKN & Associates, Inc., (MKN) the AWTF Project Manager and Design Engineer, to perform the AWTF Design Refinement Study and to perform a second phase of the Chloride Study in conjunction with VRSD and Larry Walker Associates.

At the April 17, 2024 City Council meeting, City Council authorized MKN & Associates, Inc., to proceed with a proposal to implement the recommended “Phased Project” approach. City Council directed staff to prepare a scope of work to implement the “Phased Project” (Exhibit B).

Status of Chloride Study
46 As approved by City Council, VRSD has been working with a subconsultant to install flow meters and automatic samplers in the wastewater collection system to inform the ongoing chloride study. The effort has been delayed due to substantial wet weather and unforeseen equipment problems. The samplers and flow meters were installed the week of March 25 th,
resulting in a delay to the start of the Chloride Study. The second round of sampling conflicted with construction on City’s sewer replacement project on Harvard Boulevard, resulting in additional delays. The second round of samplers were installed in May. The chloride results are pending completion of lab analyses. Once received, the results will be reviewed collectively to determine the best locations for the third round of sampling. Staff anticipates the draft Chloride Study will be available in August and an update to City Council is planned for September.

When the Chloride Study was initiated in the spring of 2022, the WRF effluent chloride concentrations had been at or below the 110 mg/L effluent limits for several months (Exhibit A). Between July 2021 and September 2022 (fifteen months), the effluent limit was met for all but one month. However, WRF effluent chloride concentrations have exceeded the 110 mg/L effluent limit since October 2022, averaging 118 mg/L, until most recently. In April, 2024, the concentration was 111 mg/L.

The Chloride Study may identify industrial dischargers that are contributing high chlorides to the collection system. However, the City may not be able to find and then enforce chloride limits on those dischargers in a timely manner or to an extent that would eliminate the need for any chloride removal at the WRF. Successfully identifying industrial dischargers could reduce the operating and maintenance expenses for the new AWTF and that is the most likely outcome. Given the amount of time required to update the design plans as discussed in the following section, and the need to meet the timeline required in the CDO, it is recommended that design proceed concurrent with the Chloride Study. Any results and recommendations from the Study would be available for City Council to consider before authorizing the project for construction bids and before the City would need to commit construction funds, providing some flexibility if significant industrial dischargers are identified.

ANALYSIS:

In order to determine how to best prepare the City to meet effluent chloride limits under varying chloride concentrations at the WRF, MKN completed the AWTF Design Refinement Study and presented it at the April 17 City Council Meeting. The Study concluded that a “Phased Project” approach, which would include developing a 500 gallon per minute (GPM) project that could be upgraded to a 1,000 GPM system in the future, is recommended to provide flexibility, cost savings, and adaptability to changing demands over time. The Phased Project is recommended to maintain flexibility to adapt to future conditions while realizing the cost benefits of not installing infrastructure until it is needed. Concurrently, continued close monitoring of the chloride concentrations is recommended to ensure they remain within manageable limits. Additionally, continuation of the Chloride Study is recommended to search for any identifiable and controllable excessive chloride discharges in the collection system.

This dual approach ensures immediate compliance efforts are complemented by long-term preventive measures, thereby enhancing the project's effectiveness in safeguarding water quality and potentially saving the City's long-term operating and maintenance costs.

If City Council desires to move forward with modifying the existing WRF AWTF design to implement the Phased Project by authorizing the City Manager to execute Amendment No. 3 47 (Exhibit C), MKN will implement the anticipated schedule for the phased design, construction, and startup. The City would need to complete project construction, startup and commissioning by February 8, 2028 to meet the CDO requirements. As shown below, if City Council authorizes development of the Phased Project by June 2024--that is, authorize entering into Amendment No. 3, design and construction could be completed by May 2027. This would allow the City to meet the CDO milestone dates as detailed below. 1: Design and Engineering of AWTF Modifications (9 – 12 months):

Prepare preliminary engineering report for the Phase one (1) 500-GPM AWTF. The preliminary engineering will provide the detailed design criteria for the various AWTF systems.

Prepare revised engineering drawings, specifications, and procurement documents for Phase 1 construction.
2: Construction and Installation (20 – 24 months):

Competitive bidding process for construction contract.

Award contract and oversee the construction and installation of the Phase 1 AWTF.

Conduct startup and system testing of the installed systems to ensure they meet design specifications and water quality standards.

Officially commission the AWTF and begin initial operation, monitoring system performance closely.
3: Evaluation and Expansion Planning (ongoing evaluation with expansion planning starting after one year of operation):

Assess the performance of the Phase 1 AWTF, including water quality improvements, operational efficiency, and cost-effectiveness.

The plan for Phase 2 is based on actual flows and loadings, technological advancements, and lessons learned from Phase 1. Develop flow and chloride concentration triggers for the planning, design, and financing for Phase 2.

Los Angeles Regional Water Quality Control Board
On March 13, 2023, City staff sent a letter to the Los Angeles Regional Water Quality Control Board (LARWQCB) to provide an update on the City’s current status with the WRF Cease and Desist Order, the AWTF Project, the CWSRF loan, and the chloride study. The letter provided the LARWQCB with an update on the AWTF Project and Cease and Desist Order, indicated the City’s intentions to comply with permit requirements, and explained why the City elected to delay the AWTF Project bid in order to further study wastewater collection system chlorides. In June/July, the City received a response from the LARWQCB, indicating they would not extend the interim milestones, that the City had sufficient time to study chlorides in the collection system. MKN collaborated with City staff to prepare a letter to the LARWQCB to provide an update on the City’s Collection System Source Identification Chloride Study, the status of the 48 AWTF Project with respect to the City Council’s November 2023 direction, and to reiterate a request for extension and or leniency on the interim milestones. Staff submitted the letter on December 11, 2023, and have not yet received a response.

If City Council approves this budget reallocation request, City staff and consultants will notify RWQCB staff. Although interim milestones of the CDO have been missed, the schedule for these were tied to the final funding agreement, which was received and executed later than anticipated. According to RWQCB staff, penalties for missing interim milestones are discretionary. City staff have closely communicated with RWQCB staff throughout the planning and design process to communicate reasoning for the City’s project decisions and strong intent to meet the final effluent deadline requirement (110 mg/L chloride by February 8, 2028).

The Phased Project has been scheduled to meet the CDO final effluent deadline. Ongoing schedule updates will be provided to RWQCB staff as the project moves forward.

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. 3 provides for a budget reallocation of $1,129,027 for redesign of the Phase 1 AWTF and an overall Agreement cost reduction of $121,107 due to the changed scope of work. The budget would be reallocated from existing budget authorized for AWTF bid and construction phase services.

The budget for the AWTF was originally $1,310,396 for FY 2022/2023 through FY 2024/2025.

If this budget reallocation is approved, approximately $1,129,027 will be allocated from the existing AWTF bid and construction phase services budget toward the tasks identified in Exhibit B, for a total contract reduction in the FY 23/24 budget of $121,107. With the reduction factored in, the total not to exceed amount for the Agreement, as amended, will be reduced to $2,660,603.

A future contract amendment for AWTF bid phase services and construction management services for FY 24/25 will be necessary since the current budget for this future work will no longer be available.

Potential cost savings from reduced capital and operating costs associated with the AWTF Phase I Redesign are approximately $585,000 per year. If chloride concentrations exceed the limits, capital and operating costs for the AWTF could be incurred and may be higher due to cost escalation or higher financing costs. Phase 1 of the project will be funded using the State Revolving Fund Loan the City has already secured. If Phase 2 is implemented in the future, the existing State Revolving Fund Loan could not be used for that project and the City would need to submit another application for Phase 2 program funding or identify other sources of funds.
49 Table 1: Budget Adjustment Request for Task 200
Account Number Original Amount Budget Increase Budget Decrease Total Project
Cost
610-5-9227-290 $414,789 $895,607 $0 $1,310,396
610-5-9227-660 $895,607 $0 ($895,607) $0
Total $1,310,396 $895,607 ($895,607) $1,310,396
Table 2: MKN & Associates & Associates Task 200 Project Amendment Account Number
Task 200 -
Contract
Amount
Requested Third Amendment
Reduction
Amended Contract
Total
610-5-9227-290 $1,310,396 ($121,107) $1,189,289
OPTIONS:

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

1. Do not authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with MKN & Associates, Inc. for the Advanced Water Treatment Facility Phase I Redesign, including staff recommendations in this report. This may result in further delaying AWTF construction and fines from LARWQCB for not meeting the final CDO chloride reduction milestone.

ATTACHMENTS:

EXHIBIT A -Average Monthly WRF Effluent Chloride Concentrations.pdf EXHIBIT B - MKN Proposal for AWTF Phase I Redesign.pdf
EXHIBIT C - Amendment No. 3 to PSA with MKN & Associates Final.pdf 50 EXHIBIT A
Average Monthly WRF Effluent Chloride Concentrations
51 0
20406080
100120140160180
Jan‐12 Jan‐13 Jan‐14 Jan‐15 Jan‐16 Jan‐17 Jan‐18 Jan‐19 Jan‐20 Jan‐21 Jan‐22 Jan‐23 Jan‐24 Jan‐25 Chloride Concentration (mg/L)
Santa Paula WRF Average Monthly Effluent Chloride Concentrations (Jan 2012 ‐ Apr 2024) 52 EXHIBIT B
MKN Proposal for AWTF Phase I Redesign
53 P.O. Box 1604
Arroyo Grande, CA 93421
805-904-6530 PHONE
805-904-6532 FAX
June 26, 2024
Clete Saunier
Public Works Director
City of Santa Paula
P.O. Box 569
Santa Paula, CA 93061
Re: Amendment 3: Advanced Treatment Recycled Water Project – FY 2023-2026 Water Recycling Facility Operations, recycled Water, Stormwater and Water Program Support Dear Clete,
At the April 17th, 2024 Santa Paula City Council Meeting, MKN presented an update on efforts to identify chloride contributions to the wastewater collection system and recommendations to reduce initial capital and operating costs for the proposed Advanced Water Treatment Facility (AWTF). MKN presented the draft Santa Paula AWTF Refinement Study which evaluated updated water quality and opportunities to optimize the AWTF design for efficiency. The Study recommended a “Phased Project” approach, installing a smaller AWTF system now which is designed to be easily expandable if/when the City needs to increase AWTF flows in the future.

As a result of this meeting MKN was directed to prepare a scope of work to implement the “Phased Project”, which will include modifying construction documents to develop a Phase 1 (500 gallon per minute or GPM) system that could be expanded to treat 1,000 GPM in the future. The Draft Santa Paula AWTF Refinement Study is attached.

MKN has prepared a revision to Task Group 200 from the FY 2022-2025 Water Recycling Facility, Recycled Water, Stormwater and Water Program Support Contract dated August 4, 2022. The following is intended to replace the scope of work for Task Group 200 in its entirety. No changes are requested in this Amendment 3 for the other Task Groups (100, 300, 400, and 500).

Project Background
The current design (2020) incorporates two nanofiltration / reverse osmosis (NF/RO) trains, each sized for 500 GPM, and supporting systems for a total design capacity of 1,000 GPM. As described in the Refinement Study, the design was reviewed to determine which portions of the treatment system could be phased, reducing the capacity for the initial installation while meeting treatment goals and allowing room for expansion as the flows increase. Phase 1 would provide a capacity of 500 GPM and allow for a second phase to reach a final capacity of 1,000 GPM. Table 1 includes the major equipment installations for the two phases. 54 City of Santa Paula / Clete Saunier | 2
Table 1: List of Major Equipment and Planned Phasing
Equipment Phase 1 Phase 2 Remarks
AWTF Capacity 500 GPM 1,000 GPM
AWTF Influent
Pumps
1+1 (Duty +
Standby)
2+1 (Duty +
Standby)
Each pump has a 500-GPM capacity;
AWTF influent wet well remains the
same size. The third pump pad shall
be constructed in the first phase.

AWTF Building Sized for Phase
2 Same The building will be installed in Phase
1 at the original size.

Chemical Tanks
(Lime,
Magnesium
Chloride, Sulfuric
Acid) and Brine
Tank
Sized for Phase
2 Same The chemical tanks and brine tank will
be installed in Phase 1 and sized for
the final capacity.

Chemical Pumps
and Skids
Sized for Phase
2 Same Chemical pumps and skids will all be
installed in Phase 1. The same pumps
can be used in both phases.

NF System Two Skids –
250 GPM each
Same Skids, add
filters – 500 GPM
each
The skids will be constructed
according to the dimensions specified
in the original design. The NF filters
will be installed to accommodate a
total flow rate of 500 GPM in Phase 1.

Additional NF filters will be installed for
Phase 2.

RO System Two Skids –
250 GPM each
Feed Pumps 220
GPM @ 15 psi
Same Skids, add
membranes –
500 GPM each
Feed Pumps 425
GPM @ 15 psi
The skids will be constructed
according to the dimensions specified
in the original design. The RO
membranes will be installed to
accommodate a flow rate of 500 GPM
in the first phase. Additional RO
membranes will be added, and feed
pumps will be upgraded for Phase 2.

Clarification
System & Wash
Water System
Skid
Consists of
Reaction Tanks,
Flocculation
Tank, Clarifier,
and Thickener
Same
Components
All equipment will be installed in the
first phase to the dimensions and
capacities specified in the original
design.
55 City of Santa Paula / Clete Saunier | 3
Table 1: List of Major Equipment and Planned Phasing
Equipment Phase 1 Phase 2 Remarks
AWTF Capacity 500 GPM 1,000 GPM
UF System Feed Pump 50
GPM @ 15 psi
Crossflow Pump
15 GPM @ 15
psi
Strainer &
Static Mixers
UF Pressure
Skids (2)
UF Filtrate Tank
– 3,000-gallon
UF Backwash
Pump 130 GPM
@ 36 psi
Filtered Water
Transfer Pump
100 GPM @ 30
psi
Feed Pump 92
GPM @ 15 psi
Crossflow Pump
26 GPM @ 15
psi
Strainer &
Static Mixers
Same 2 Skids,
increased
number of UF
Pressure
Vessels
UF Filtrate Tank
– 3,000-gallon
UF Backwash
Pump 254 GPM
@ 36 psi
Filtered Water
Transfer Pump
185 GPM @ 30
psi
The quantity of UF pressure vessels
on both skids will be increased for
Phase 2.

Pumps will be replaced in Phase 2.

All other equipment will remain the
same size and dimensions throughout
the operation.

Brine
Concentrator
System
Feed Pump 45
GPM @ 30 psi
Cartridge Filter
Static Mixer
Brine
Concentrator
System 60
Horsepower
(HP)
Feed Pump 84
GPM @ 30 psi
Cartridge Filter
Static Mixer
Brine
Concentrator
System 110 HP
The feed pump will be replaced in
Phase 2.

The brine concentrator will be
replaced in the final phase.
56 City of Santa Paula / Clete Saunier | 4
Table 1: List of Major Equipment and Planned Phasing
Equipment Phase 1 Phase 2 Remarks
AWTF Capacity 500 GPM 1,000 GPM
RO Permeate
System Skid
RO Permeate
Tank – 5,000-
gallon
Permeate
Conveyance
Pump 400 GPM
@ 15 psi
Permeate
Cartridge Filter
RO Permeate
Tank – 5,000-
gallon
Permeate
Conveyance
Pump 800 GPM
@ 15 psi
Permeate
Cartridge Filter
The permeate conveyance pump shall
be replaced in Phase 2.

Sludge Handling
System
Thickener
Sludge Pump 7
GPM @ 30 psi
Filter Press
Thickener
Sludge Pump

12.5 GPM @ 30
psi
Filter Press
The thickener sludge pump will be
replaced in Phase 2.

Clean-in-Place
(CIP) Skid
CIP Tank – 600-
gallon
CIP Pump 250
GPM @ 45 psi
Cartridge Filter
CIP Tank – 600-
gallon
CIP Pump 500
GPM @ 45 psi
Cartridge Filter
The CIP pump will be replaced in
Phase 2.

Phase 1 would be designed at this time and the facilities would be planned to allow future expansion to meet Phase 2 objectives. It is assumed the building size would remain the same, as would the stormwater, paving, utilities, and other supporting facilities.

The prior construction plans, specifications and estimates were completed to a 90% level of progress. MKN proposes to prepare the following deliverables:
• Preliminary Engineering Report Amendment 1;
• Revised 60% Plans, Specifications, and Cost Opinions; • Revised Draft Final Plans, Specifications, and Cost Opinions; and • Final Plans, Specifications, and Cost Opinions
MKN is also proposing to update the construction phase support Task Groups to incorporate rate increases due to project delays. This amendment includes an additional task (208P – Startup and Commissioning Support) to provide outside startup and operations support from Trussell 57 City of Santa Paula / Clete Saunier | 5
Technologies, an industry-recognized expert in brine minimization strategies and operations training.

Scope of Work
Task Group 200 – AWTF DESIGN AND CONSTRUCTION PHASE SERVICES Tasks are identified below. Work under Task Group 200 will be invoiced on an hourly time and materials basis, with the proposed budget total not to exceed without written authorization from the City. A table summarizing the original contract amount, estimated current expenditures (through March 31, 2024) and the recommended revised amount is included in Table 2.

Task 201 Project Management, Meetings, and Quality Control MKN will provide the following services under this task group:

Subtask 201A – Client Coordination and Progress Reports MKN will regularly coordinate with City staff, provide two (2) City Council reports, and provide brief monthly progress reports, via email, with invoices. A budget of 80 hours has been established for this work.

Subtask 201B – Project Schedule
MKN will update the project schedule in Microsoft Project format and will maintain the schedule throughout completion of the project.

Subtask 201C – Quality Control
MKN will perform quality control reviews of all deliverables prior to submitting to the City. A Senior Engineer or Principal Engineer who is not involved in the day-to-day design effort will perform an independent review of the project.

Subtask 201D – Phase 1 Site Meeting
MKN will attend a Phase 1 site meeting with City staff to review project scope, schedule, responsibilities of project team members, project deliverables, and any construction and operational concerns relevant to the proposed design modifications. Upon completion of the meeting, a site walk will be attended by the project team to identify any specific concerns prior to the initiation of work. Meeting minutes will be prepared and provided to the City to document meeting discussions and issues covered.

Subtask 201E – Progress Meetings
MKN will attend five (5) design-phase progress meetings. The following meetings are assumed for purposes of this proposal. We assume these meetings will be online unless in-person is specified below. Additional conference calls or phone meetings will be arranged on an as-needed basis as part of coordinating the project work.
• Two meetings related to RWQCB and financial planning coordination for the project; 58 City of Santa Paula / Clete Saunier | 6
• One meeting after the Draft Preliminary Engineering Report Amendment 1 submittal (inperson); • One meeting after the 60% design submittal to discuss City comments (in-person); and • One meeting after the draft final design submittal.

Task 202 – Regulatory Support and Coordination
MKN will assist with regulatory support, largely focused on coordination between the City, the Regional Water Quality Control Board, and the City’s WRF Regulatory Consultant (Larry Walker Associates, “LWA”). This task was budgeted at 84 hours, plus $2000 for other direct costs. We are recommending no change to the original budget.

Task 203 – AWTF Consultant Procurement and Technical Support MKN will provide technical support needed for the financial consultant, and assist City staff with consultant coordination. We assume this work will be completed within a budget of 48 hours.

Task 204 – Preliminary Engineering Report – Amendment 1 MKN will prepare an amended preliminary engineering report to present major Phase 1 project components, update preliminary design criteria and 30% design plans, and refine the opinion of cost in preparation for detailed design. The preliminary engineering report will include the following elements:
• Updated Process Design: MKN will prepare an updated process design describing:
o Current WRF effluent flows and water quality
o Target WRF effluent flows and water quality
o Target waste flows
o Major equipment list, including capacities
• Vendor Coordination: MKN and Trussell Technologies with work with the proposed process equipment integrator, Gradient, to confirm process requirements and confirm equipment costs
• Phase 1 Preliminary Design Criteria: MKN’s team will update the major project design criteria, including civil, electrical, structural, and instrumentation • 30% plans: MKN will prepare 30% drawings, including an updated building layout, process & instrumentation diagrams, and single-line diagram
• Opinion of construction cost: MKN will develop an opinion of probable construction cost based on the 30% design
Task 205 – Contract Documents
MKN will prepare construction plans and specifications and provide three (3) progress submittals (60%, Draft Final and Final). MKN’s design team includes Trussell Technologies, Smith Structural Group, LLC (SSG) for structural engineering, and MSO Technologies for electrical engineering and controls. It is assumed that the City will provide front-end documents to MKN for modification and inclusion into the bid package and that MKN will prepare technical specifications in CSI format. Plans will be prepared in AutoCAD. The City staff and City Building Department will review the contents of each submittal and provide comments for incorporation into the subsequent 59 City of Santa Paula / Clete Saunier | 7
submittal. An opinion of probable construction costs will be prepared to accompany each submittal. The budget for this task was developed assuming the following:

It is anticipated that design and completion of the contract documents will be completed within the 2024/2025 fiscal year.

Subtask 205A – 60 Percent Submittal
Submittal will include the following items (electronic copy in PDF format):
o Draft full size (22” x 34”) drawings
o Draft technical specifications (Divisions 02 to 44)
o Draft opinion of probable construction costs
o Identification of locations for potholing (already completed in previous submittals) Subtask 205B – Operator Workshop
MKN will plan and attend an in-person design workshop with City/VRSD operations staff to identify concerns and discuss placement of equipment.

Subtask 205C – Draft Final Submittal
Submittal will include the following items (electronic copy in PDF format):
o Revised full size (22” x 34”) drawings
o Draft front-end documents (Division 00 provided by City) o Revised technical specifications (Divisions 02 to 44) o Revised opinion of probable construction costs
Subtask 205D – Final Submittal
Submittal will include the following items (electronic copies in PDF, MS Word, and AutoCAD formats)
o Final full-size (22” x 34”) drawings
o Completed front-end documents (Division 00 provided by City) o Final technical specifications (Divisions 02 to 44)
o Final opinion of probable construction cost
Task 209 – Assist with Brine Disposal Coordination
MKN will continue to support the City’s efforts to identify suitable locations and determining approval requirements to discharge brine generated from the AWTF. This will include meetings and responses to requests for information from staff at potential receiving facilities.

Assumptions
MKN shall be entitled to rely reasonably upon the accuracy of data and information provided by or through the City and will use good professional judgment in reviewing and evaluating such information. If MKN identifies any error or inaccuracy in data or information provided by or through City, or determines that additional data or information is needed to perform the services, MKN shall promptly notify the client.
60 City of Santa Paula / Clete Saunier | 8
Fee Estimate
The original contract was approved in August 2022. Estimated expenditures for Task Group 200 under the original contract totaled $1,310,397 for FY 2022/23 through 2024/25. Work completed consists of the following:
• Project management – meetings, schedule tracking, and reporting to City staff • Development of evaluations and studies to quantify and identify sources of chloride contributions to WRF effluent
• Coordination with State Water Resources Control Board and Regional Water Quality Control Board
Table 2 summarizes the difference between the original contract Task 200 budget and the recommended amended project budget. This Amendment 3 results in a reallocation of budget from the exiting Task Group 200 to fund design revisions. It is assumed a contract amendment will be submitted to the City to cover bid phase and construction phase services which are anticipated to begin in March of 2025.

Work will be invoiced on an hourly time and materials basis, with the proposed budget total not to be exceeded without written authorization from the City.

Task
Original Contract -
FY 2022/23 - 2024/25
Proposed Revised
Contract – FY
2022/23 - 2024/25
201 Project Meetings & QA/QC $28,576 $134,907
202 Regulatory Support and Coordination $5,809 $29,415
203 AWTF Consultant Procurement and
Technical Support $7,671 $12,311
204 Preliminary Engineering Report -- $272,323
204A1 –AWTF Design Refinement Study -
Review Basis of Design -- $7,785
204A2 –AWTF Design Refinement Study –
Construction Phasing and Design Cost -- $6,571
204A3 –AWTF Design Refinement Study –
Technical Memorandum -- $13,726
205 Construction Documents -- $670,128
206A Grant Research $18,132 --
206B CWSRF Loan Application and
Coordination $11,841 $6,559
207 Bid Phase Services $48,360 --
TABLE 2: PROPOSED AMENDMENT
61 City of Santa Paula / Clete Saunier | 9
Task
Original Contract -
FY 2022/23 - 2024/25
Proposed Revised
Contract – FY
2022/23 - 2024/25
]208 Construction Phase Services $1,161,153 --
209 Assist with Brine Disposal Coordination $28,854 $28,073 210 AWTF Contractor Prequalification
(Complete) -- --
211 AWTF Architectural Renderings -- $7,491
TOTAL $1,310,396 $1,189,289
A detailed estimate of hours and estimated other direct costs (ODCs) is provided on the attached tables. If approved, the contract would be reduced by $121,107.

We hope this proposal meets your expectations and look forward to continuing our work with you and the City.

Sincerely,
Michael K. Nunley, PE
Principal Engineer
Attachments:

Draft AWTF Design Refinement Study
Detailed Budget with Manhour Breakdown by Fiscal Year
Subconsultant Proposals:

Trussell Technologies (Budget Only)
Smith Structural Group (Structural)
MSO Technologies (SCADA/ Electrical)
Gradiant (Process)
62 Trussell Technologies Cost Breakdown by Task
City of Santa AWTF Design Support
Trussell Technologies Confidential 5/2/24 Page 1of 1
Staff Classification Scope
Principal
Engineer I
Supervising
Engineer I
Hourly Billing Rate $340 $280
204 Preliminary Engineering Report 40 108 148 $ 43,840.00 $ - $ - $ 43,840.00 204A QA/QC process design and water quality
targets
QA/QC effluent flows and water
quality targets. Reading of
background documentation to
onboard Trussell to project
4 10 $ 4,160.00 $ 4,160.00
204B Vendor Coordination with Gradiant
Assist MKN to coordinate with
and review proposed process
equipment integrator (Gradiant) to
support design development,
including modeling results, cost
estimates, sizing, equipment
submittals
20 60 $ 23,600.00 $ 23,600.00
204C QA/QC design criteria and
instrumentation for membrane systems
QA/QC and provide comments on
design criteria 4 12 $ 4,720.00 $ 4,720.00
204D QA/QC 30% P&IDs and control strategies QA/QC and provide comments on 30% P&IDs and control strategies 10 22 $ 9,560.00 $ 9,560.00 204E QA/QC OPCC QA/QC and provide comments on
30% OPCC 2 4 $ 1,800.00 $ 1,800.00
205 Contract Documents 14 34 48 $ 14,280.00 $ - $ - $ 14,280.00 205A 60 Percent Submittal QA/QC
QA/QC and provide comments on
60% submittal to support design
development. P&IDs, design
criteria.
8 20 $ 8,320.00 $ 8,320.00
205B 95 Percent Submittal QA/QC
QA/QC and provide comments on
95% submittal to support design
development. P&IDs, design
criteria.
4 8 $ 3,600.00 $ 3,600.00
205C Final Submittal QA/QC
QA/QC and provide comments on
final submittal to support design
development. P&IDs, design
criteria.
2 6 $ 2,360.00 $ 2,360.00
54 142 196 $ 58,120.00 $ 58,120.00
208 Construction Phase Services 102 166 268 $ 81,160.00 $ 3,600.00 $ 9,500.00 $ 94,260.00 208K Engineering Site Visits
2 visits to site toward end of
construction to verify installation
is complete and prepare for
startup and commissioning
support
20 20 $ 12,400.00 $ 600.00 $ 2,000.00 $ 15,000.00
208P Startup and Commissioning Support
- Review Plant Checkout Plan from
Contractor and provide comments
- Review Commissioning activities
and documentation to ensure
Gradiant provided unit processes
have satisfactorily passed the
Plant Checkout Plan and are ready
for performance testing
- Provide enhanced training
beyond vendor training, such as
hands-on training for City
operations staff during startup
and comissioning to help
operations staff develop key SOPs
(up to 5x 1-day visits)
- Witness performance test (5 out
of 14 days) (5 visits)
- Review performance test
completion report to ensure
compliance with specs
82 146 $ 68,760.00 $ 3,000.00 $ 7,500.00 $ 79,260.00
156 308 464 $ 139,280.00 $3,600.00 $ 9,500.00 $152,380.00 Task No. Total Cost
Trussell Technologies Total Labor Hours
Mileage Misc
ODC's

SUBTOTAL DESIGN-PHASE SUPPORT

TOTAL (DESIGN-PHASE AND CONSTRUCTION PHASE SERVICES)
63 Project No.: S20100 May 10, 2024
Page | 1
Michael Nunley, P.E.
via: [email protected]
MKN & Associates, Inc.

PO Box 1604
Arroyo Grande, CA 93421
RE: Structural Engineering Services for:

Amendment 2 – Process Capacity Updates
City of Santa Paula – WRF - RO Building
920 Corporation St, Santa Paula, CA 93060
Dear Ms. Shields,
We thank you for considering SSG Structural Engineers, LLP as a member of your design team for the City of Santa Paula RO Building.

EXHIBIT A

1. PROJECT SCOPE OF WORK
A. Project Description:

1. Support to Revise Capacity of the Equipment in the Building a. Modify plans to match new Process Design
b. Support for other disciplines related to structural design and updates (Electical, Mechanical, Plumbing, Civil)
c. Update to new code (2022 CBC v. 2019 CBC)

2. Remains Approximately 10,000 square foot building of similar architectural cues to adjacent WRF.
64 Project No.: S20100 May 10, 2024
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3. Conventional Slab on Grade Foundation (awaiting Geotechnical Investigation) B. Project Deliverables (Subject to terms and conditions of Exhibit B & C):

1. Participation in project kick-off meeting with design and construction consultants to be held in the general San Luis Obispo area.

2. Structural Design Development (60% CD’s)
a. Outline proposed structural system(s), placement and preliminary sizes of main framing members, and proposed framing assemblies.

3. Structural Design shall be based on the provisions of the 2022 California Building Code and ASCE 7-16.
a. Seismic Restraint and Anchorage of Non-Structural Components (when information is available from Process Design Engineer).
i. Water Tanks
ii. RO Equipment Skids
iii. Pumps/Motors
iv. Roof Mounted HVAC Equipment
v. Ground Electrical Equipment in excess of 400lbs
b. Interior Framing, walls, ceilings, and anchorage.

4. Preparation of Structural Drawings to include the following:
a. Roof Framing and Foundation plans
b. Structural Detail Sheets
c. Structural Notes/Sheet Specifications
d. Structural Specification Sections
e. Anchorage detailing of equipment or redline markups for incorporation in Civil, Electrical or Mechanical drawings.

5. Preparation of Architectural Drawings to include the following aspects:
a. Building Floor Plans
b. Building Elevations
c. Building Sections
d. Reflected Ceiling Plans
e. Egress Plans
f. Code Analysis
g. Building Envelope Assemblies
65 Project No.: S20100 May 10, 2024
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6. Respond to Structural Plan Review by the Authority Having Jurisdiction.

7. Construction Administration:
a. Review of Contractor Submittals and Shop Drawings as they pertain to the approved Structural Construction Documents.
b. Response to Contractor Requests for Information (RFI’s) as they pertain to the approved Structural Construction Documents.

8. Structural Observations:

Observations will be necessary, as required by the California Building Code or the Jurisdiction Having Authority. Structural Observation is the visual observation of the structural system for general conformance to the approved construction documents.

Structural Observation shall be performed at significant stages of construction as outlined in the approved structural drawings. Structural observations are not intended to substitute, supplement, or replace inspections required by the Building Department or the Special Inspector. Structural Observation shall be in accordance with Sections 1702 and 1704.5 of the California Building Code.

Frequency of Structural Observations is directly dependent on construction sequencing and accuracy of construction at the time of the observation. For the purposes of this proposal, it is anticipated that two (2) Structural Observations would be necessary during the course of construction. Additional visits shall be considered an additional service and billed as such. 66 Project No.: S20100 May 10, 2024
Page | 4

2. COMPENSATION:

Item Compensation
Contract Amendment 2 HNTE $20,000
Total: $20,000
All fees for services performed will be billed in accordance with the prime agreement. 67 Project No.: S20100 May 10, 2024
Page | 5

3. EXCLUSIONS: The following services are specifically excluded from the scope of services provided under the conditions of this proposal.

A. Services outside the generally accepted scope for the practice of Structural Engineering unless noted otherwise in scope or work.

B. Soils and/or Geotechnical Engineering or testing.

C. Detailed review of engineering design work completed by others.

D. Preparation of demolition drawings, site surveys or building services surveys E. Material testing or Special Inspection Services
F. Design revisions, partial or complete outside the scope of Design Development.

G. Preparation of Record Drawings from the contractors ‘As-Built’ drawings.

H. Fire Suppression is deferred submittal.

I. Mechanical, electrical, plumbing, lighting and energy consultants J. The review and approval of substitute or alternate materials.

K. Site, grading or civil related design.

L. Utilities or the support and housing of utilities located more than five (5) feet outside the building footprint.

M. Site and landscape furnishings and relocation of site utilities, including those running within five (5) feet of the building footprint.

N. Site shoring or shoring design for any means and methods of the contractor during excavations.

O. Construction cost or scheduling estimating.

P. Special construction consulting and inspection services.

Q. Payment of Municipal, Agency or permit fees.

R. Safety supervision.

S. Preparation/Production of Shop Drawings.

T. Specialty Foundation Solutions not noted in the geotechnical engineering report if received after structural completion of 50% Schematic Design (i.e. deep foundation or mat/raft foundations).

U. Corrosion engineering.

V. Cal-Green, LEED® or other sustainable Consulting outside of that related to the scope of Structural Engineering.

Some of these services can be provided on a time and material basis, should they become necessary during the course of the project.
68 Project No.: S20100 May 10, 2024
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EXHIBIT B

1. EXTRA WORK
Any additional work that may be required, and not specified in the Work Description portion of "EXHIBIT A”, will be considered as Extra Work. All revisions of completed work required by the client or changes in governmental policies, codes, ordinances or requirements will also be considered as Extra Work. All Extra Work will be charged on a time and material basis.

2. ADDITIONAL SERVICES
Additional work requiring the services of outside consultants or other direct expenses (i.e., mileage, shipping, printing, etc.,) shall be reimbursed at the rate of 1.10 times the direct cost.

3. ABANDONMENT OR TERMINATION OF PROJECT
If this project is abandoned or terminated, and written or verbal notice is given, payment will be due for all services performed up to the date of notice, including all Extra Work and Reimbursable Expenses. 69 Project No.: S20100 May 10, 2024
Page | 7

EXHIBIT C

1. SERVICES TO BE PROVIDED. Design Professional through and by its officers, employees and subcontractors is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal.

Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Design Professional. The Design Professional's services under this Agreement are being
performed solely for the Client's benefit, and no other entity shall have any claim against the Design Professional because of this Agreement or the performance or nonperformance of
services hereunder. The Client agrees to include a provision in all contracts with contractors and other entitles involved in this project to carry out the intent of this paragraph.

2. PAYMENT TERMS. Client agrees to pay Design Professional's invoice upon receipt. If payment is not received within 30 days from the Client's receipt of invoice, Client agrees to pay a service charge on the past due amount at the rate of 1-1/2% per month. Client receipt of invoice will be presumed three days after mailing by Design Professional first class, with adequate postage attached. In the event legal action is necessary to enforce the payment provisions of this
Agreement, the Design Professional shall be entitled to collect from the Client any judgment or settlement sums due,
reasonable attorneys' fees, court costs and expenses incurred by the Design Professional in connection therewith and, in addition, the reasonable value of the Design Professional's time and expense spent in connection with such collection action, computed at the Design Professional's prevailing fee schedule and expense policies. If the Client-fails to make payments when due or otherwise is in breach of this Agreement, the Design Professional may suspend performance of services upon five (5) calendar days' notice to the Client. The Design Professional shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. After five days prior notice to Client, Design Professional may suspend services until paid on any project where payment of invoiced amounts not
reasonably in dispute is not received by Design Professional within 60 days of Client's receipt of Design Professional's invoice. The Design Professional shall have no liability whatsoever to the client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. If the Client fails to make payment to the Design Professional in accordance with the payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination by the Design Professional. Payment of invoices is in no case subject to unilateral discounting or setoffs by the Client, and payment is due regardless of suspension or termination of this Agreement by either party.

Payments to the Design Professional shall not be withheld, postponed or made contingent on the construction, completion or success of the project or upon receipt by the Client of offsetting reimbursement or credit from other parties causing Additional Services or expense. No withholdings, deductions or offsets shall be made from the Design Professional's
compensation for any reason unless the Design Professional has been found to be legally liable for such amounts.

3. STANDARD OF CARE. Services provided by Design
Professional under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily experienced by members of the same profession currently practicing under similar circumstances.

4. PROFESSIONAL LIABILITY. The Client agrees, to the fullest extent permitted by law, to limit the liability of the Design Professional and his or her sub-consultants to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including
attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of the Design Professional and his or her sub-consultants to all those named shall not exceed the Design Professional's total fee for services rendered on this project. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

5. CONTRACTOR AND SUBCONTRACTOR CLAIMS. The Client
further agrees, to the fullest extent permitted by law, to limit the liability of the Design Professional and his or her subconsultants to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness70 Project No.: S20100 May 10, 2024
Page | 8
fees and costs, so that the total aggregate liability of the Design Professional and his or her sub-consultants to all those named shall not exceed the Design Professional's total fee for services rendered on this project. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise permitted by law. It is intended by the parties that this provision is not an indemnity, but is a good faith agreement by the parties to place a reasonable and responsible limit for the amount of liability assumed by each party.

6. EXTENSION OF PROTECTION. The Client agrees to extend any and all liability limitations and indemnifications provided by the Client to the Design Professional to those individuals and entities the Design Professional retains for performance of the services under this Agreement, including but not limited to the Design Professional's officers and employees and their heirs and assigns, as well as the Design Professional's sub-consultants and their officers, employees, heirs and assigns.

7. OWNERSHIP OF INSTRUMENTS OF SERVICE. All reports,
plans, specifications, computer files, field data, notes and other documents and instruments prepared by the Design
Professional as instruments of service shall remain the property of the Design Professional. The Design Professional shall retain all common law, statutory and other reserved rights, including the copyright thereto.

8. RIGHT OF ENTRY. The Client shall provide for the Design Professional's right to enter the property owned by the Client and/or others in order for the Design Professional to fulfill the Scope of Services included hereunder. The Client understands that use of testing or other equipment may unavoidably cause some damage, the correction of which is not part of this Agreement. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the Design Professional and his or her sub-consultants harmless from any claim, liability or cost (including reasonable attorneys' fees and costs of defense) for injury or loss arising or allegedly arising from procedures associated with testing or investigative activities or discovery of hazardous materials or suspected hazardous materials on said property.

9. RIGHT TO RETAIN SUBCONSULTANTS. The Design
Professional may use the services of sub-consultants when, in the Design Professional's sole opinion, it is appropriate and customary to do so. Such persons and entities include, but are not limited to, surveyors, specialized consultants and testing laboratories. The Design Professional's use of other consultants for additional services shall not be unreasonably restricted by the Client provided the Design Professional notifies the Client in advance.

10. FIELD REPRESENTATIVES. The presence of the Design
Professional's or its subcontractor's field personnel, either fulltime or part-time, may be for the purpose of providing project administration, assessment, observation and/or investigation of specific aspects of the project as authorized by the Client.

Should a contractor(s) not retained by the Design Professional be involved in the project, Client will advise such contractor(s) that the Design Professional's services do not include
supervision or direction of the means, methods or actual work of the contractor(s), his employees or agents. Client will also inform contractor that the presence of the Design
Professional's field representative for project administration, assessment, observation or investigation will not relieve the contractor of its responsibilities of performing the work in accordance with the plans and specifications. If a contractor (not a subcontractor of the Design Professional) is involved in the project, Client agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working conditions on the job site, including security and safety of all persons and property during performance of the work, and compliance with all Client safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that the Design Professional will not be responsible for job or site safety or security on the project, other than for Design Professional's employees and subcontractors, and that the Design Professional does not have the duty or right to stop the work of the contractor.

11. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered at the site which could substantially alter the necessary services or the risks involved in completing the Design Professional's services. If this occurs, the Design Professional will promptly notify and consult with the Client, but will act based on the Design Professional's sole judgment where risk to Design Professional personnel is involved. Possible actions could include: a) Complete the original Scope of Services in
accordance with the procedures originally intended in our 71 Project No.: S20100 May 10, 2024
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Proposal, if practical in the Design Professional's judgment; b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of unforeseen conditions or occurrences, with such revision agreed to in writing; c) Terminate the services effective on the date specified by the Design Professional in writing.

12. DEFECT IN SERVICE. The Client shall promptly report to the Design Professional any defects or suspected defects in the Design Professional's work or services of which the Client becomes aware, so that the Design Professional may take measures to minimize the consequences of such a defect. The Client warrants that he or she will impose a similar notification requirement on all contractors in his or her Client/Contractor contract and shall require all subcontracts at any level to contain a like requirement. Failure by the Client, and the Client's contractors or subcontractors to notify the Design Professional, shall relieve the Design Professional of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given.

13. DOCUMENTS. Design Professional will furnish Client the agreed upon number of written reports and supporting
documents. These instruments of services are furnished for Clients' exclusive internal use and reliance, use of Clients' counsel, use of qualified bidders (design services only) and for regulatory submittal in connection with the project or services provided for in this Agreement, but not for advertising or other type of distribution, and are subject to the following: a) All documents generated by Design Professional under this
Agreement shall remain the sole property of Design
Professional. Any unauthorized use or distribution of Design Professional's work shall be at Client's and recipient’s sole risk and without liability-to Design Professional. Design Professional may retain a confidential file copy of its work product and related documents; b) In the event the Client consents to, allows, authorizes or approves of changes to any plans, specifications or other construction documents, and these changes are not approved in writing by the Design Professional, the Client recognizes that such changes and the results thereof are not the responsibility of the Design Professional. Therefore, the Client agrees to release the Design Professional from any liability arising from the construction, use or result of such changes, In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Design
Professional harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) arising from such changes, except only those damages,
liabilities and costs arising from the sole negligence or willful misconduct of the Design Professional; c) If Client desires to release report(s) to a third party not described above for that party's reliance, Design Professional will agree to such release provided we receive written acceptance from such third party to be bound by acceptable terms and conditions similar to this Agreement (e.g. Secondary Client Agreement). Reports
provided for disclosure of information only will not require a separate agreement. Client acknowledges to inform such third party that Design Professional's report reflects conditions only at the time of the study and may not reflect conditions at a later time. Client further acknowledges that such requests for release creates a potential conflict of interest for Design Professional and by this request Client waives any such claim if Design Professional complies with this request; d) Client agrees that all documents furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will not be used by Client or any other entity for any purpose whatsoever. Client further agrees that documents produced by Design Professional pursuant to this Agreement will not be used for any project not expressly provided for in this Agreement without Design Professional's prior written
approval; e) Client shall furnish documents or information reasonably within Client's control and deemed necessary by Design Professional for proper performance of our services.

Design Professional may rely upon Client-provided documents in performing the services required under this Agreement; however, Design Professional assumes no responsibility or liability for their accuracy. Client-provided documents will remain the property of the Client, but Design Professional may retain one confidential copy as needed to support our report.

14. OPINIONS OF COST. If requested, Design Professional will use its best efforts and experience on similar projects to provide realistic opinions or estimates of cost for remediation or construction as appropriate based on reasonably available data, Design Professional's designs or recommendations.

However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation unless specifically agreed otherwise in writing with Design Professional. Client understands actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather 72 Project No.: S20100 May 10, 2024
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conditions, contractor skills and many other factors beyond Design Professional's control.

15. DELAYS. The Design Professional is not responsible for delays caused by factors beyond the Design Professional's reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or approve or disapprove of the Design Professional's services or work product promptly, or delays caused by faulty performance by the Client or by contractors of any level. When such delays beyond the Design Professional's reasonable control occur, the Client agrees the Design Professional is not responsible for damages, nor shall the Design Professional be deemed to be in default of this Agreement.

16. SUSPENSION OF SERVICES. If the project is suspended for more than thirty (30) calendar days in the aggregate, the Design Professional shall be compensated for services performed and charges incurred prior to receipt of notice to suspend and, upon resumption, an equitable adjustment in fees to
accommodate the resulting demobilization and remobilization costs. In addition, there shall be an equitable adjustment in the project schedule based on the delay caused by the suspension.

If the project is suspended for more than ninety (90) calendar days in the aggregate, the Design Professional may, at his or her option, terminate this Agreement upon giving notice in writing to the Client.

17. INDEMNIFICATION. In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Design Professional, his or her officers, directors, employees, agents and sub-consultants from and against all damage, liability or cost, including reasonable attorney's fees and defense cost, arising out of or in any way connected with this project or the performance by any of the parties above named of the service under this Agreement, excepting only those damages, liabilities or costs attributing to the sole negligence or willful misconduct of the Design Professional.

18. LLP PROTECTION. It is intended by the parties to this Agreement that the Design Professional's services in connection with the project shall not subject the Design Professional's individual employees or partners to any personal legal exposure for the risks associated with this project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Design Professional, a California Limited Liability Partnership (LLP), and not against any of the Design
Professional's employees or partners.

19. MEDIATION. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and the Design
Professional agree that all disputes between them arising out of or related to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Client and the Design Professional further agree to include as similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements.
20: TESTIMONY. Should Design Professional or any Design Professional employee be compelled by law to provide
testimony or other evidence by any party, whether at
deposition, hearing or trial, in relation to services provided under this Agreement, and Design Professional is not a party in the dispute, then Design Professional shall be compensated by Client for the associated reasonable expense and labor for Design Professional's preparations and testimony at
appropriate unit rates. To the extent the party compelling the testimony ultimately provides Design Professional such
compensation, Client will receive a credit or refund on any related double payments received by Design Professional.

21. CONFIDENTIALITY. Design Professional will maintain as confidential any documents or information provided by Client and will not release, distribute or publish same to any third party without prior permission from Client, unless compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice to Client.
73 Project No.: S20100 May 10, 2024
Page | 11

22. GOVERNING LAW-& VENUE. The laws of the State of
California govern the validity of this Agreement, its
interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in any court located in the County of San Luis Obispo.

23. PRIORITY OVER FORM AGREEMENTS/PURCHASE ORDERS.

The parties agree that the provisions of these terms and conditions shall control over and govern as to any form writings, signed by the Parties, such as Client Purchase Orders, Work Orders, etc., and that such forms may be issued by Client to Design Professional as a matter of convenience to the Parties without altering any of the terms or provisions hereof.

24. SURVIVAL. All provisions of this Agreement for indemnity or allocation of responsibility or liability between Client and Design Professional shall survive the completion of services and the termination of this Agreement.

25. SEVERABILITY. In the event that any provision of this Agreement is found to be unenforceable under law, the
remaining provisions shall continue in full force and effect.

26. ASSIGNMENT. This Agreement may not be assigned by
either party without the prior written consent of the other.

27. INTEGRATION. This Agreement comprises the final and complete agreement between the Client and the Design
Professional. It supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter of this Agreement.

Execution of this Agreement signifies that each party has read the document thoroughly, has had any questions explained by independent counsel and is satisfied. Amendments to this Agreement shall not be binding unless made in writing and signed by both the Client and Design Professional.

END OF EXHIBIT C
{{Sig_es_:signer1:signature }}{{Dte_es_:signer1:date}}
Signed Date
{{N_es_:signer1:fullname }} {{*Ttle_es_:signer1:title }} By Title
74 Project No.: S20100 May 10, 2024
Page | 12
This agreement shall be considered valid until December 31, 2021. At that time, this office reserves the right to modify it in both scope and fee.

Please acknowledge your acceptance of these terms, conditions and provisions by signing the Authorization to Proceed (below) and Exhibit C. Kindly return the executed sections to this office.

Sincerely yours,
Michael E. Parolini, P.E., S.E.

CA License No. S5405 & C69340
attached: Employee Hourly Rate Sheet
This proposal/agreement are instruments of service and are the property of SSG Structural Engineers, LLP. All drawings, information, specifications, ideas, designs and arrangements represented within proposal (as well as, attached exhibits, addenda, etc.) shall remain the property of the Engineer. No part thereof shall be copied, disclosed to other or used in connection with any work or project other than the specific project for which they have been prepared and developed, without the expressed written consent of the Engineer.

Copyright 2021, SSG Structural Engineers, LLP
75 Project No.: S20100 May 10, 2024
Page | 13

AUTHORIZATION TO PROCEED
Please sign below to indicate authorization and return a copy to us by mail or digitally City of Santa Paula – WRF RO Building Contract Amendment Approved by: {{Sig_es_:signer1:signature }} Title:{{*Ttl_es_:signer1:title }} Printed Name: {{N_es_:signer1:fullname }}
Date: {{Dte_es_:signer1:date }}
Billing Party Name: {{*Field2_es_:signer1 }}
Billing Address: {{*Address_es_:signer1 }}
Billing Email: {{*Em_es_:signer1:email }}
Billing Party Phone: {{*Field3_es_:signer1 }}
76 Project No.: S20100 May 10, 2024
Page | 14

EMPLOYEE HOURLY RATE SHEET
Effective January 1, 2019
Position Rate
Principal Structural Engineer $190 / hr
Principal Engineer $180 / hr
Senior Structural Engineer $145 / hr
Structural Engineer $135 / hr
Senior Project Engineer $125 / hr
Project Engineer $115 / hr
Staff Engineer $105 / hr
Production (CAD) Operator $75 / hr
Production (CAD) Technician $65 / hr
Administrative Professional $40 / hr
Reimbursable Expenses shall be billed at a rate of 1.1 times direct cost (Mileage, Travel, Printing, Shipping, Etc.)
77 MSOTechnologies, Inc.
2985 East Hillcrest Drive, Suite 101
Thousand Oaks, CA 91362
Voice (805) 379-8668
Fax (805) 379-8677
MSO Technologies, Inc. 1
May 1, 2024
Eileen Shields
MKN and Associates
PO Box 1604
Arroyo Grande, CA 93421
REF: City of Santa Paula – WRF Reverse Osmosis Project, Revision 2 Dear Eileen,
MSO is pleased to offer its design and consulting service for the Reverse Osmosis project at the water recycling facility for the City of Santa Paula. The City’s plan is to put in a reverse osmosis plant in the water reclamation facility to reduce by reducing the remaining chloride discharge.

Most reverse osmosis units are package systems but there will need to be some minor integration of the control and instrumentation into the water reclamation facility SCADA system.

The original project started in 2020 and the last rendition of drawings is from March 2023.

MSO’s scope slid from providing PLC panel drawings to providing Process and Instrumentation drawings, network drawings, controls and instrumentation specifications, and cost estimates. It is assumed that MSO scope will be the same as in the initial project but will support reasonable design requests from the MKN team. The following is a cost estimate for the work for the project revisions to the detailed design. MSO only charges for the time used on the project up to the estimated cost.

It has recently noted that the original electrical engineering firm IRJ Engineers Inc are not taking on any more new projects. MKN has requested MSO to provide support for the electrical engineering aspects of the project. IRJ Engineers did a very good job designing the electrical components of the project and it is assumed that most of the electrical design would mostly stay the same and there will only be slight modifications. However, the proposal must be realistic and must plan for the worst-case scenario. MSO only charges for the time used on the project up to the estimated cost.

Proposal
Item Description Hours Rate Extended
1 Detailed design drawings for instruments and
control equipment.
100 $172 $17,200
2 Controls and instrumentation equipment
specifications and cost estimate.
40 $172 $6,880
3 Electrical design modifications. 100 $172 $17,200
4 Electrical equipment specifications and cost
estimate.
40 $172 $6,880
5 Attend design review meetings (8) 20 $172 $3,440
6 Expenses, mileage, consumables 1 $400 $400
78 Eileen Shields
MKN and Associates
City of Santa Paula – WRF Reverse Osmosis Project
MSO Technologies, Inc. 2
Total $52,000
If there are any questions, please email Lloyd Trick [email protected] or call at (805) 379- 8668 extension 1002.

Sincerely,
MSO Technologies
Lloyd Trick, PE.
79 Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C

CUSTOMER

2 (22R) 05.28.2024
1 08.06.2020
0 07.31.2020

REV DATE
MKN & Associates, Inc.

Santa Paula, CA Wastewater Treatment Plant

COMMERCIAL PROPOSAL

DESIGN PACKAGE
FOR

CHLORIDE REDUCTION SYSTEM WITH

COUNTERFLOW REVERSE OSMOSIS
80 Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C
2 Contents
1 INTRODUCTION TO GRADIANT ................................................................................................. 3 2 PROPOSAL OBJECTIVE .............................................................................................................. 3 3 SCOPE OF SUPPLY ..................................................................................................................... 4 4 COMMERCIAL SECTION ............................................................................................................ 6 5 GRADIANT STANDARD TERMS AND CONDITIONS .................................................................... 7 81 Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C
4 1 INTRODUCTION TO GRADIANT
Gradiant is the leading global provider of cleantech solutions for advanced water and wastewater applications. We solve the world’s most important water challenges with end-to-end solutions that minimize our customer’s treatment costs, reuse more water within their operations and do so in the most sustainable manner.

From our founding at the Massachusetts Institute of Technology (MIT) in 2013, Gradiant has evolved from a spirited technology startup to a global leader in cleantech water solutions. We have become experts in the treatment of industrial water, water reuse, minimum liquid discharge (MLD), zero liquid discharge (ZLD), high recovery seawater desalination and resource recovery of metals and minerals.

We bring sustainability into our client’s operations and supply chain – to lower operating costs, improve efficiency and reliability, protect critical assets, and reduce water footprint.

In 2023, Gradiant received the prestigious “Desalination Company of the Year” Award at the Global Water Awards. In 2022, Gradiant was recognized at the Global Water Awards as “Water Technology Company of the Year” and our Synauta Artificial Intelligence (AI) business received the “Breakthrough Technology Company of the Year” Award. At the 2022 International Desalination Association World Congress, Gradiant won the “Most Innovative Company” Award. Our team includes some of the top minds in water, bringing the experience and resources necessary to execute turnkey water, wastewater reuse, zero-liquid discharge and resource recovery projects.

With over 900 employees, Gradiant operates from its global headquarters in Boston, global R&D innovation labs in Singapore and 17 regional offices around the world. Gradiant serves Fortune 500 companies on mission-critical operations in essential industries such as microelectronics, pharmaceuticals, mining, food and beverage and power generation. Gradiant’s systems, services and digital platform are designed to meet stringent performance metrics, optimize system performance in real time and increase reliability by mitigating the risk of unplanned downtime through proprietary AI Machine Learning algorithms.

Gradiant can deliver projects in an Engineering, Procurement and Contracting (EPC) capacity, provide water-as-a-service using a Design, Build, Own, Operate & Maintain (DBOOM) model or act as a Design-Build technology and systems provider to a primary EPC. Our overall objective in project execution is to add value by delivering custom solutions for challenging water and mineral recovery operations.

At Gradiant, our mission is to Elevate Water.
2 PROPOSAL OBJECTIVE
The objective of this proposal is to provide Engineering Design Services for an integrated water treatment solution (Gradiant System) for the Santa Paula Wastewater Treatment Plant (Plant). 82 Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C
5 The Gradiant System will be designed to reduce chlorides in the effluent water being discharged from the Santa Paula Wastewater Treatment Plant in compliance with legal and regulatory requirements and with minimum brine residual. The deliverables for this proposal include the drawings, engineering calculations and equipment specifications necessary for obtaining a firm cost estimate for detailed design, construction and commissioning of the Gradiant System.

The proposed solution features CounterFlow Reserve Osmosis (CFRO) technology. The CFRO process desalinates water that is too concentrated for treatment with conventional RO, using substantially less energy than required by any other brine concentration method. The Gradiant System integrates the CFRO process with conventional pre-treatment, water softening and advanced membrane desalination methods to produce a low chloride permeate stream while minimizing the amount of residual brine requiring offsite disposal. Gradiant System permeate can be blended with untreated Plant effluent to comply with the chlorides concentration limit at the lowest possible cost.
3 SCOPE OF SUPPLY

S/N DESCRIPTION GRADIANT CLIENT
1 Project schedule for the proposed water treatment package ✔ 2 Process flow diagram and mass balance ✔
3 Piping and instrumentation diagram ✔
4 Process design basis ✔
5 Process calculations/ projections ✔
6 Equipment skid dimensions and operating weight estimates (suitable for civil inputs)
✔
7 Controls narrative / philosophy, i/o list ✔
8 Electrical load summary ✔
9 Controls architecture drawing ✔
10 Control Panel (MCC and PLC) dimensions and weight ✔
12 Utility & chemical list ✔
13 On-skid pipe list or piping schedule indicating connections on P&ID
✔
14 Tie-in document ✔
83 Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C
6 S/N DESCRIPTION GRADIANT CLIENT
15 On-skid cable and conduit schedule ✔
16 Cost estimate for detailed design, procurement,
construction and commissioning of plant ✔
17 Plant GA ✔
18 Electrical single line drawings ✔
19 Off-skid cable and conduit schedule ✔
20 Pipe list ✔
21 Storage tanks (off skid) ✔
22 Utilities (electricity, clean water supply, instrument air if needed) at designated points ✔
23 Interconnecting piping, cable works between the skids ✔ 24 Provide the agreed-upon volume and not-to-exceed
composition of influent wastewater on a continuous basis ✔ 25 Provide continuous off-take arrangements for recovered water, and treated water from Gradiant equipment ✔
26 Construction, Erection supervision at site, Material handling equipment (Cranes, Monorail etc.), provide access to the proposed package
✔
27 Insurance of Plant & Equipment, All taxes & duties ✔ 28 Firefighting equipment, fire water loop (if required) for the skids being proposed ✔
29 Third Party approval / Authority approvals, Compliance to Laws, Statutory Requirements, and all Permits ✔
30 Communication network, Telephone, Internet, Site security ✔ 31 Temporary utilities and Power during commissioning/precommissioning ✔ 28 Sampling and Sample Analysis ✔
32 All civil & structural work and associated maintenance ✔ 33 Sludge/ treated water disposal ✔
84 Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C
7 Note: Gradiant’s proposed man hours based on maximum of 3 revisions of each document. 4 COMMERCIAL SECTION
1 SCOPE Detailed design of proposed treatment package as per Scope of Supply provided in Section 3 above
2 DETAILED

ENGINEERING
PRICE
Detailed design engineering cost is a lumpsum amount of USD 108,152.00
3 TIMELINE FOR

COMPLETION
2-3 months from acceptance of purchase order
4 DELIVERABLE
LIST
Included in the Scope of Supply in Section 3 above
5 PAYMENT

SCHEDULE
50% advance along with purchase order
50% upon submission of all deliverables
6 SCOPE

EXCLUSIONS
All scope exclusions are developed by the OWNER
7 VALIDITY 30 days from the date of this proposal
85 Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C
8 5 GRADIANT STANDARD TERMS AND CONDITIONS
Notice: Sale of any Equipment or Services is expressly conditioned on Owner's assent to these Gradiant Standard Terms and conditions.

Save in case of a non-binding Indicative Commercial Proposal which do not legally constitute an offer capable of acceptance and can be withdrawn at any time by Gradiant, any acceptance of Gradiant’s offer is expressly limited to acceptance of these Gradiant Standard Terms and Conditions and Gradiant expressly objects to any additional or different terms proposed by Owner. No facility entry form shall modify these Gradiant Standard Terms and Conditions even if signed by Gradiant’s representative. Any order to perform work and Gradiant's performance of work shall constitute Owner’s assent to these Gradiant Standard Terms and Conditions. Unless otherwise specified in the Proposal, Gradiant’s quotation shall expire 30 days from its date and may be modified or withdrawn by Gradiant before receipt of Owner’s conforming acceptance.

I. Definitions
Contract means the following documents quoted in decreasing order of precedence as follows:

1. The Special Conditions – Appendix C (if any);

2. The Commercial Section of the Proposal;

3. Appendix A of the Proposal;

4. Appendix B of the Proposal;

5. These Gradiant Standard Terms and Conditions.

Contract Price means the agreed price stated in the Contract for the sale of Equipment and Services, including adjustments (if any) in accordance with the Contract.

CONTRACTOR or Gradiant means GRADIANT CORPORATION
Equipment means the equipment sold, rented or to be rented by Gradiant to the Contractor under this Contract.

Owner means the entity identified as such on the cover page of the Proposal.

Premises means the Owner's premises.

Sales tax means the sales and use tax as appliable by law.

Services means all operation and maintenance services to be provided under this Contract and as set forth in Appendix A Contract.

Special Conditions means, if any, written terms and conditions annexed in Appendix C to the Contract that are:
(a) different from or additional to the terms and conditions set forth in these Gradiant Standard Terms and Conditions, and (b) specially negotiated by the parties in reference to the Project.

II. Agreed Terms and Conditions

1. Contract Formation: This Contract is effective as of the date of the Owner’s unconditional acceptance of the Proposal.

2. Entire Contract: This Contract is the complete agreement between Gradiant and the Owner in relation to the sale of the Equipment and Services. No Owner-issued terms and conditions, confirmation, delivery document, payment advice, or subsequent representation (unless agreed in writing) will vary this Contract.

3. Deliveries; Title Transfer; Risk of Loss; Storage:

3.1 Save as otherwise provided in the Contract:
a) Title to the Equipment shall pass to the Owner upon full payment of the Contract Price; and b) Risk of loss of any Equipment sold hereunder shall pass to Owner at the point of physical delivery. 86 Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C
9 3.2 If any Equipment to be delivered under this Contract cannot be shipped to or received by Owner when ready due to any cause attributable to Owner or its other contractors, Gradiant may ship the Equipment and equipment to a storage facility, including storage at the place of manufacture or repair, or to an agreed freight forwarder. If Gradiant places Equipment or equipment into storage, the following apply: (i) risk of loss immediately pass to Owner, if it has not already passed, and delivery shall be deemed to have occurred; (ii) any amounts otherwise payable to Gradiant upon delivery or shipment shall be due; (iii) all expenses and charges incurred by Gradiant related to the storage shall be payable by Owner upon submission of Gradiant’s invoices; and (iv) when conditions permit and upon payment of all amounts due, Gradiant shall make Equipment available to Owner for delivery. 4 Payment: Owner shall pay Gradiant the Contract Price for the Equipment and Services by paying all invoiced amounts in U.S. dollars (save as otherwise stated in the Contract), without set-off for any payment from Gradiant not due under this Contract, within the time prescribed in the Contract. For each calendar month, or fraction thereof, that payment is late, Owner shall pay a late payment charge computed at the rate of 1.5% per month on the overdue balance, or the maximum rate permitted by Law, whichever is less. 5 Owner's Other Obligations: The Owner must:
(a) Coordinate shipment, delivery to site and accept delivery of the Equipment; (b) Install, connect to power and other utilities and use the Equipment in accordance with any written specifications provided by Gradiant.
(c) Ensure the Equipment is used solely by the Owner in accordance with any user manuals supplied with the Equipment and for no other purpose other than that for which it was designed; (d) Use the Equipment in a skillful and proper manner;
(e) At its own cost and expense obtain consumables and provide all utilities to be used in conjunction with the Equipment; (f) Not make any alterations, additions or improvements to the Equipment without the prior written consent of Gradiant. (g) Ensure that the Equipment is repaired and maintained by Gradiant or Owner only and if a third party is to undertake any repair, maintenance or other service to the Equipment, obtain Gradiant's prior written consent; (h) Only use the Equipment in conjunction with chemical supplied or specified by Gradiant except that chemical supplied by others may be used with the prior written consent of Gradiant; (i) Keep and use the Equipment at the Premises unless it is being delivered for return to Gradiant or as otherwise agreed by Gradiant in writing;
(j) During the term of this Contract, permit a Gradiant representative to inspect and test the Equipment at any time during working hours, or if Gradiant gives the Owner at least eight hours’ notice, at any time outside working hours; Customer shall execute and provide all documents reasonably requested by GRADIANT to confirm ownership of such rights by GRADIANT. If any of such rights cannot be owned by GRADIANT under applicable laws, Customer hereby agrees to immediately grant an exclusive, worldwide, irrevocable, royalty free right and license to GRADIANT to make, have made, use, adapt, translate, modify, reproduce and have used, sell and distribute any such rights, or any item, design or materials incorporating such rights.

The Customer grants GRADIANT a non-exclusive, royalty free license to use, modify, adapt and copy any Customer IPR required by GRADIANT for the performance of the agreement.

Warranties: GRADIANT warrants that the Equipment shall be free of material defects for 12 months from date of shipment. GRADIANT will provide all its vendor warranties to Customer as part of equipment sale. GRADIANT expressly disclaims any warranties with respect to water system biohazards from waterborne pathogens, including but not limited to Legionella bacteria.

GRADIANT’s sole responsibility and liability for any warranty claims hereunder shall be to repair or replace the defective Equipment at GRADIANT’s cost and expense.

Liability: Notwithstanding any other provision in this agreement, neither party will be liable to the other for indirect, incidental or consequential loss or damage (including, without limitation, business interruption or loss of profits associated with the same) howsoever caused arising out of this agreement or any related document or out of the delivery, storage or use of the Equipment. This clause survives the termination of the agreement.
87 Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C
10 Insurance: The Customer will take out and maintain, for the benefit of both the Customer and GRADIANT, as an additional named insured, insurance to cover (i) all loss or damage to the Equipment (for its full replacement value) while the equipment is on the Customer’s premises, and (ii) general liability insurance covering property damage and personal injury (including death) with combined limits of not less than US Dollar 1 million, and produce evidence of such insurance coverage to GRADIANT upon request.

Force Majeure: If either party is delayed in or prevented from carrying out any of its obligations under this agreement (other than a payment of money) due to a Force Majeure Event that party will be excused from performance of such obligation for as long as and to the extent that the prevention or delay lasts.

Each party must: (a) notify the other party immediately after becoming aware that a Force Majeure Event has occurred; (b) keep the other party fully informed of the circumstances of the Force Majeure Event and the effect upon performance of its obligations; and (c) take all reasonably practical steps to limit the effects of the Force Majeure Event on the performance of its obligations. For purposes hereof, a Force Majeure Event shall mean any event or occurrence outside of the reasonable control of a party (such as a natural disaster, act of war, general labor stoppage and similar events), but shall not include financial distress or lack of profitability of any business activities conducted in connection with this agreement.

Default: A default under the Agreement shall be deemed to have occurred when one of the parties has breached a material provision of the Agreement and, such party having first received written notice setting forth the nature of the alleged breach, has not cured said breach within fourteen (14) days after notification thereof. Specifically, failure of Customer to meet any payment obligations under the Agreement is a breach of a material provision of this Agreement if Customer has not cured such material breach within five (5) days.

Termination: Either party may terminate the agreement provided the other party has breached a material provision of the Agreement and, such party having first received written notice setting forth the nature of the alleged breach, has not cured said breach within fourteen (14) days after notification thereof.

GRADIANT may (in addition to any other termination or other right it may have under any other provision of this agreement or applicable law), by giving written notice to the Customer, terminate this agreement and may retake possession of all or any of the Equipment if:
(a) the Customer fails to pay when due any amount owing to GRADIANT (whether under this agreement or any other agreement); (b) the Customer breaches any other provision of this agreement and fails to remedy the breach within 14 days after receiving written notice requiring it to do so; or
(c) any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of the whole or any part of the Customer's assets or business.

The Customer must provide, at its cost, all assistance requested by GRADIANT to assist GRADIANT to exercise its rights under this clause and pay any expenses incurred by GRADIANT in enforcing its rights under this clause. If the customer terminates the contract, the customer agrees to reimburse GRADIANT all project related direct expenses incurred up to the total contract value.

Confidentiality: Any information supplied to a party (Receiving Party) by the other party (Supplying Party) relating to this agreement (whether in writing or otherwise) and notified by the Supplying Party as confidential will be the Supplying Party's confidential information unless it is:
(a) public knowledge at the time of its supply to the Receiving Party; (b) in the Receiving Party's lawful possession prior to its supply to the Receiving Party; or (c) required to be disclosed by law or court proceedings.

The Receiving Party must keep the Supplying Party's confidential information confidential, safe and secure, not disclose to any person (except personnel of the Receiving Party who have need to know) and return it when the agreement terminates or expires. Neither party may make any public statement (oral or written) about this agreement unless it has first obtained written consent from the other party.

Despite the provisions of this clause, GRADIANT may reference the agreement and the Customer in name only on its website and promotional materials.

Assignment: Until fulfilment of Payment requirements of the contract, the customer may not assign this agreement or transfer possession of the Equipment without the prior written consent of GRADIANT, which GRADIANT may grant or withhold in its sole discretion. GRADIANT may assign this Agreement and ownership of the Equipment, provided the title has not been transferred to the customer, upon written notice to the Customer.
88 Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C
11 GST and other taxes & duties:
(a) Any consideration to be paid for a supply made under the agreement does not include an amount on account of GST/VAT/duties.

The consideration payable for a supply but for the application of this clause is increased by, and the Customer must also pay to GRADIANT, an amount equal to the GST/VAT/duties payable by GRADIANT on that supply. (b) In addition to the Charges, the Customer will be liable to pay and will reimburse GRADIANT for (or pay directly if instructed by GRADIANT) all fees, charges, duties (including stamp duty) and taxes which may be imposed or levied upon this agreement, or the renting, possession or use of the Equipment or any document, transaction, receipt or payment in connection with this agreement. (c) The only exception to the above is any export/VAT duties imposed by the country of origin of the equipment, which will be borne by GRADIANT, before the equipment is shipped to customer site.

Applicable Law: This Agreement will be subject to and beinterpreted in accordancewith the laws of Singapore, without regardto its choice of law provisions. All disputes arising hereunder, including with respect to the validity, existence and termination of this agreement, shall be resolved through binding arbitration conducted under the rules of the Republic of Singapore. Any such arbitration shall be conducted in Singapore, number of arbitrators selected to be in accordance to local rules. All proceedings and written submittals shall be in English.

The decision of the arbitrator shall be final and binding upon the parties and may be entered as a final judgment in any court having jurisdiction. The parties shall each bear their own costs and expenses incurred in any such arbitration and shall share equally the costs and fees assessed by the arbitrator.
89 EXHIBIT C
Amendment No. 3 to PSA with MKN & Associates, Inc.
90 65283.00007\42372608.4
1 THIRD AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF SANTA PAULA AND

MKN & ASSOCIATES, INC
THIS THIRD AMENDMENT (“Third Amendment”) is made and entered into this 2nd day of July 2024, by and between the CITY OF SANTA PAULA, a general law City and Municipal Corporation existing under the laws of California (“City”), and MKN & Associates, Inc. (“Consultant”).

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

A. On August 17, 2022, the City and Consultant entered into a 3-year Professional Services Agreement with Consultant (Agreement No. 22-02761) (“Original Agreement”) to provide City with engineering support services for drinking water regulatory compliance, water recycling facility (WRF) operations, stormwater regulatory compliance and regional coordination, and the Advanced Water Treatment Facility (AWTF) program for a not-to-exceed amount of $2,550,965.00 in compensation..

B. On or around March 1, 2023, the City and Consultant entered Amendment No. 1 to the Original Agreement (“First Amendment”) to add to the FY 22/23 budgeted amount an Ammonia Analyzers Project for an additional cost of $39,552.00.

C. On or around March 9, 2023, the City and Consultant entered Amendment No. 2 to the Original Agreement (“Second Amendment”) to add to the FY 22/23 budgeted amount an updated Wastewater Master Plan for an additional cost of $191,193.00. The Agreement as amended by the First Amendment and Second Amendment is referred to hereafter as the “Agreement”.

D. The combined FY 22/23 through FY 24/25 budgeted funds allocated to “Task Group 200 – WRF Advanced Water Treatment Facility (AWTF) Planning, Design and Construction Phase Services” (“Task Group 200”) under the Agreement is $1,310,396.

E. City and Consultant now mutually desire to amend the Agreement by revising (1) the work description of Task Group 200 and (2) “Table 1 Proposed Budget by Fiscal Year” to reflect a reduced FY 22/23-FY 24/25 Task Group 200 cost allocation from approximately $1,310,396 to $1,189,289, a decrease of $121,107.
91 65283.00007\42372608.4
2 2. AMENDMENT. In consideration of the foregoing and pursuant to Section 3.7.14 of the Agreement, the Agreement is further 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 and as may be amended. The total compensation shall not exceed Two Million Six Hundred Sixty Thousand Six Hundred Three Dollars and no cents ($2,660,603.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.” B. The Scope of Services in Exhibit A attached to this Third Amendment redefines Task Group 200 work and modifies its associated budget allocation for FY 22/23 through FY 24/25. Exhibit A to this Third Amendment shall control in the event of a conflict with Exhibit A to the Agreement. For purposes of clarity, the section titled “Task Group 200 – AWTF Design and Construction Phase Services” shall replace the “Task Group 200 – WRF Advanced Water Treatment Facility (AWTF) Planning, Design and Construction Phase Services” in Exhibit A to the Agreement. In addition, Table 1 “Proposed Budget by Fiscal Year” in Exhibit A to the Agreement shall incorporate Task Group 200 revisions as specified in “Table 2 Proposed Amendment” in Exhibit A to this Third Amendment, reducing the Task Group 200 FY 22/23 through FY 24/25 budget to $1,189,289.

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

4. LIMITED AMENDMENT. Except as modified by this Third Amendment, all other terms and conditions of the Agreement, as amended by the First Amendment and Second Amendment (“Agreement”), remain in full force and effect. In the event of a conflict between this Third Amendment and the Agreement, the provisions of this Third Amendment shall control
[Signatures on Next Page]
92 65283.00007\42372608.4
3 _________________________________ ____________________________ Dan Singer, Michael K. Nunley,
City Manager President
ATTEST:
_____________________________ _____________________________ Julie Latshaw, Michael K. Nunley,
City Clerk CEO
APPROVED AS TO FORM: Taxpayer ID No.
_________________________________ **2nd Signature required for Corporations.

Monica Castillo,
City Attorney
CITY OF SANTA PAULA MKN & ASSOCIATES, INC.

This Third Amendment is executed on and shall become effective this 2nd day of July 2024, at Santa Paula, California.
93 65283.00007\42372608.4
4 EXHIBIT “A”

SCOPE OF SERVICES
[Attached behind]
94 P.O. Box 1604
Arroyo Grande, CA 93421
805-904-6530 PHONE
805-904-6532 FAX
June 26, 2024
Clete Saunier
Public Works Director
City of Santa Paula
P.O. Box 569
Santa Paula, CA 93061
Re: Amendment 3: Advanced Treatment Recycled Water Project – FY 2023-2026 Water Recycling Facility Operations, recycled Water, Stormwater and Water Program Support Dear Clete,
At the April 17th, 2024 Santa Paula City Council Meeting, MKN presented an update on efforts to identify chloride contributions to the wastewater collection system and recommendations to reduce initial capital and operating costs for the proposed Advanced Water Treatment Facility (AWTF). MKN presented the draft Santa Paula AWTF Refinement Study which evaluated updated water quality and opportunities to optimize the AWTF design for efficiency. The Study recommended a “Phased Project” approach, installing a smaller AWTF system now which is designed to be easily expandable if/when the City needs to increase AWTF flows in the future.

As a result of this meeting MKN was directed to prepare a scope of work to implement the “Phased Project”, which will include modifying construction documents to develop a Phase 1 (500 gallon per minute or GPM) system that could be expanded to treat 1,000 GPM in the future. The Draft Santa Paula AWTF Refinement Study is attached.

MKN has prepared a revision to Task Group 200 from the FY 2022-2025 Water Recycling Facility, Recycled Water, Stormwater and Water Program Support Contract dated August 4, 2022. The following is intended to replace the scope of work for Task Group 200 in its entirety. No changes are requested in this Amendment 3 for the other Task Groups (100, 300, 400, and 500).

Project Background
The current design (2020) incorporates two nanofiltration / reverse osmosis (NF/RO) trains, each sized for 500 GPM, and supporting systems for a total design capacity of 1,000 GPM. As described in the Refinement Study, the design was reviewed to determine which portions of the treatment system could be phased, reducing the capacity for the initial installation while meeting treatment goals and allowing room for expansion as the flows increase. Phase 1 would provide a capacity of 500 GPM and allow for a second phase to reach a final capacity of 1,000 GPM. Table 1 includes the major equipment installations for the two phases. 95 City of Santa Paula / Clete Saunier | 2
Table 1: List of Major Equipment and Planned Phasing
Equipment Phase 1 Phase 2 Remarks
AWTF Capacity 500 GPM 1,000 GPM
AWTF Influent
Pumps
1+1 (Duty +
Standby)
2+1 (Duty +
Standby)
Each pump has a 500-GPM capacity;
AWTF influent wet well remains the
same size. The third pump pad shall
be constructed in the first phase.

AWTF Building Sized for Phase
2 Same The building will be installed in Phase
1 at the original size.

Chemical Tanks
(Lime,
Magnesium
Chloride, Sulfuric
Acid) and Brine
Tank
Sized for Phase
2 Same The chemical tanks and brine tank will
be installed in Phase 1 and sized for
the final capacity.

Chemical Pumps
and Skids
Sized for Phase
2 Same Chemical pumps and skids will all be
installed in Phase 1. The same pumps
can be used in both phases.

NF System Two Skids –
250 GPM each
Same Skids, add
filters – 500 GPM
each
The skids will be constructed
according to the dimensions specified
in the original design. The NF filters
will be installed to accommodate a
total flow rate of 500 GPM in Phase 1.

Additional NF filters will be installed for
Phase 2.

RO System Two Skids –
250 GPM each
Feed Pumps 220
GPM @ 15 psi
Same Skids, add
membranes –
500 GPM each
Feed Pumps 425
GPM @ 15 psi
The skids will be constructed
according to the dimensions specified
in the original design. The RO
membranes will be installed to
accommodate a flow rate of 500 GPM
in the first phase. Additional RO
membranes will be added, and feed
pumps will be upgraded for Phase 2.

Clarification
System & Wash
Water System
Skid
Consists of
Reaction Tanks,
Flocculation
Tank, Clarifier,
and Thickener
Same
Components
All equipment will be installed in the
first phase to the dimensions and
capacities specified in the original
design.
96 City of Santa Paula / Clete Saunier | 3
Table 1: List of Major Equipment and Planned Phasing
Equipment Phase 1 Phase 2 Remarks
AWTF Capacity 500 GPM 1,000 GPM
UF System Feed Pump 50
GPM @ 15 psi
Crossflow Pump
15 GPM @ 15
psi
Strainer &
Static Mixers
UF Pressure
Skids (2)
UF Filtrate Tank
– 3,000-gallon
UF Backwash
Pump 130 GPM
@ 36 psi
Filtered Water
Transfer Pump
100 GPM @ 30
psi
Feed Pump 92
GPM @ 15 psi
Crossflow Pump
26 GPM @ 15
psi
Strainer &
Static Mixers
Same 2 Skids,
increased
number of UF
Pressure
Vessels
UF Filtrate Tank
– 3,000-gallon
UF Backwash
Pump 254 GPM
@ 36 psi
Filtered Water
Transfer Pump
185 GPM @ 30
psi
The quantity of UF pressure vessels
on both skids will be increased for
Phase 2.

Pumps will be replaced in Phase 2.

All other equipment will remain the
same size and dimensions throughout
the operation.

Brine
Concentrator
System
Feed Pump 45
GPM @ 30 psi
Cartridge Filter
Static Mixer
Brine
Concentrator
System 60
Horsepower
(HP)
Feed Pump 84
GPM @ 30 psi
Cartridge Filter
Static Mixer
Brine
Concentrator
System 110 HP
The feed pump will be replaced in
Phase 2.

The brine concentrator will be
replaced in the final phase.
97 City of Santa Paula / Clete Saunier | 4
Table 1: List of Major Equipment and Planned Phasing
Equipment Phase 1 Phase 2 Remarks
AWTF Capacity 500 GPM 1,000 GPM
RO Permeate
System Skid
RO Permeate
Tank – 5,000-
gallon
Permeate
Conveyance
Pump 400 GPM
@ 15 psi
Permeate
Cartridge Filter
RO Permeate
Tank – 5,000-
gallon
Permeate
Conveyance
Pump 800 GPM
@ 15 psi
Permeate
Cartridge Filter
The permeate conveyance pump shall
be replaced in Phase 2.

Sludge Handling
System
Thickener
Sludge Pump 7
GPM @ 30 psi
Filter Press
Thickener
Sludge Pump

12.5 GPM @ 30
psi
Filter Press
The thickener sludge pump will be
replaced in Phase 2.

Clean-in-Place
(CIP) Skid
CIP Tank – 600-
gallon
CIP Pump 250
GPM @ 45 psi
Cartridge Filter
CIP Tank – 600-
gallon
CIP Pump 500
GPM @ 45 psi
Cartridge Filter
The CIP pump will be replaced in
Phase 2.

Phase 1 would be designed at this time and the facilities would be planned to allow future expansion to meet Phase 2 objectives. It is assumed the building size would remain the same, as would the stormwater, paving, utilities, and other supporting facilities.

The prior construction plans, specifications and estimates were completed to a 90% level of progress. MKN proposes to prepare the following deliverables:
• Preliminary Engineering Report Amendment 1;
• Revised 60% Plans, Specifications, and Cost Opinions; • Revised Draft Final Plans, Specifications, and Cost Opinions; and • Final Plans, Specifications, and Cost Opinions
MKN is also proposing to update the construction phase support Task Groups to incorporate rate increases due to project delays. This amendment includes an additional task (208P – Startup and Commissioning Support) to provide outside startup and operations support from Trussell 98 City of Santa Paula / Clete Saunier | 5
Technologies, an industry-recognized expert in brine minimization strategies and operations training.

Scope of Work
Task Group 200 – AWTF DESIGN AND CONSTRUCTION PHASE SERVICES Tasks are identified below. Work under Task Group 200 will be invoiced on an hourly time and materials basis, with the proposed budget total not to exceed without written authorization from the City. A table summarizing the original contract amount, estimated current expenditures (through March 31, 2024) and the recommended revised amount is included in Table 2.

Task 201 Project Management, Meetings, and Quality Control MKN will provide the following services under this task group:

Subtask 201A – Client Coordination and Progress Reports MKN will regularly coordinate with City staff, provide two (2) City Council reports, and provide brief monthly progress reports, via email, with invoices. A budget of 80 hours has been established for this work.

Subtask 201B – Project Schedule
MKN will update the project schedule in Microsoft Project format and will maintain the schedule throughout completion of the project.

Subtask 201C – Quality Control
MKN will perform quality control reviews of all deliverables prior to submitting to the City. A Senior Engineer or Principal Engineer who is not involved in the day-to-day design effort will perform an independent review of the project.

Subtask 201D – Phase 1 Site Meeting
MKN will attend a Phase 1 site meeting with City staff to review project scope, schedule, responsibilities of project team members, project deliverables, and any construction and operational concerns relevant to the proposed design modifications. Upon completion of the meeting, a site walk will be attended by the project team to identify any specific concerns prior to the initiation of work. Meeting minutes will be prepared and provided to the City to document meeting discussions and issues covered.

Subtask 201E – Progress Meetings
MKN will attend five (5) design-phase progress meetings. The following meetings are assumed for purposes of this proposal. We assume these meetings will be online unless in-person is specified below. Additional conference calls or phone meetings will be arranged on an as-needed basis as part of coordinating the project work.
• Two meetings related to RWQCB and financial planning coordination for the project; 99 City of Santa Paula / Clete Saunier | 6
• One meeting after the Draft Preliminary Engineering Report Amendment 1 submittal (inperson); • One meeting after the 60% design submittal to discuss City comments (in-person); and • One meeting after the draft final design submittal.

Task 202 – Regulatory Support and Coordination
MKN will assist with regulatory support, largely focused on coordination between the City, the Regional Water Quality Control Board, and the City’s WRF Regulatory Consultant (Larry Walker Associates, “LWA”). This task was budgeted at 84 hours, plus $2000 for other direct costs. We are recommending no change to the original budget.

Task 203 – AWTF Consultant Procurement and Technical Support MKN will provide technical support needed for the financial consultant, and assist City staff with consultant coordination. We assume this work will be completed within a budget of 48 hours.

Task 204 – Preliminary Engineering Report – Amendment 1 MKN will prepare an amended preliminary engineering report to present major Phase 1 project components, update preliminary design criteria and 30% design plans, and refine the opinion of cost in preparation for detailed design. The preliminary engineering report will include the following elements:
• Updated Process Design: MKN will prepare an updated process design describing:
o Current WRF effluent flows and water quality
o Target WRF effluent flows and water quality
o Target waste flows
o Major equipment list, including capacities
• Vendor Coordination: MKN and Trussell Technologies with work with the proposed process equipment integrator, Gradient, to confirm process requirements and confirm equipment costs
• Phase 1 Preliminary Design Criteria: MKN’s team will update the major project design criteria, including civil, electrical, structural, and instrumentation • 30% plans: MKN will prepare 30% drawings, including an updated building layout, process & instrumentation diagrams, and single-line diagram
• Opinion of construction cost: MKN will develop an opinion of probable construction cost based on the 30% design
Task 205 – Contract Documents
MKN will prepare construction plans and specifications and provide three (3) progress submittals (60%, Draft Final and Final). MKN’s design team includes Trussell Technologies, Smith Structural Group, LLC (SSG) for structural engineering, and MSO Technologies for electrical engineering and controls. It is assumed that the City will provide front-end documents to MKN for modification and inclusion into the bid package and that MKN will prepare technical specifications in CSI format. Plans will be prepared in AutoCAD. The City staff and City Building Department will review the contents of each submittal and provide comments for incorporation into the subsequent 100
City of Santa Paula / Clete Saunier | 7
submittal. An opinion of probable construction costs will be prepared to accompany each submittal. The budget for this task was developed assuming the following:

It is anticipated that design and completion of the contract documents will be completed within the 2024/2025 fiscal year.

Subtask 205A – 60 Percent Submittal
Submittal will include the following items (electronic copy in PDF format):
o Draft full size (22” x 34”) drawings
o Draft technical specifications (Divisions 02 to 44)
o Draft opinion of probable construction costs
o Identification of locations for potholing (already completed in previous submittals) Subtask 205B – Operator Workshop
MKN will plan and attend an in-person design workshop with City/VRSD operations staff to identify concerns and discuss placement of equipment.

Subtask 205C – Draft Final Submittal
Submittal will include the following items (electronic copy in PDF format):
o Revised full size (22” x 34”) drawings
o Draft front-end documents (Division 00 provided by City) o Revised technical specifications (Divisions 02 to 44) o Revised opinion of probable construction costs
Subtask 205D – Final Submittal
Submittal will include the following items (electronic copies in PDF, MS Word, and AutoCAD formats)
o Final full-size (22” x 34”) drawings
o Completed front-end documents (Division 00 provided by City) o Final technical specifications (Divisions 02 to 44)
o Final opinion of probable construction cost
Task 209 – Assist with Brine Disposal Coordination
MKN will continue to support the City’s efforts to identify suitable locations and determining approval requirements to discharge brine generated from the AWTF. This will include meetings and responses to requests for information from staff at potential receiving facilities.

Assumptions
MKN shall be entitled to rely reasonably upon the accuracy of data and information provided by or through the City and will use good professional judgment in reviewing and evaluating such information. If MKN identifies any error or inaccuracy in data or information provided by or through City, or determines that additional data or information is needed to perform the services, MKN shall promptly notify the client.
101
City of Santa Paula / Clete Saunier | 8
Fee Estimate
The original contract was approved in August 2022. Estimated expenditures for Task Group 200 under the original contract totaled $1,310,397 for FY 2022/23 through 2024/25. Work completed consists of the following:
• Project management – meetings, schedule tracking, and reporting to City staff • Development of evaluations and studies to quantify and identify sources of chloride contributions to WRF effluent
• Coordination with State Water Resources Control Board and Regional Water Quality Control Board
Table 2 summarizes the difference between the original contract Task 200 budget and the recommended amended project budget. This Amendment 3 results in a reallocation of budget from the exiting Task Group 200 to fund design revisions. It is assumed a contract amendment will be submitted to the City to cover bid phase and construction phase services which are anticipated to begin in March of 2025.

Work will be invoiced on an hourly time and materials basis, with the proposed budget total not to be exceeded without written authorization from the City.

Task
Original Contract -
FY 2022/23 - 2024/25
Proposed Revised
Contract – FY
2022/23 - 2024/25
201 Project Meetings & QA/QC $28,576 $134,907
202 Regulatory Support and Coordination $5,809 $29,415
203 AWTF Consultant Procurement and
Technical Support $7,671 $12,311
204 Preliminary Engineering Report -- $272,323
204A1 –AWTF Design Refinement Study -
Review Basis of Design -- $7,785
204A2 –AWTF Design Refinement Study –
Construction Phasing and Design Cost -- $6,571
204A3 –AWTF Design Refinement Study –
Technical Memorandum -- $13,726
205 Construction Documents -- $670,128
206A Grant Research $18,132 --
206B CWSRF Loan Application and
Coordination $11,841 $6,559
207 Bid Phase Services $48,360 --
TABLE 2: PROPOSED AMENDMENT
102
City of Santa Paula / Clete Saunier | 9
Task
Original Contract -
FY 2022/23 - 2024/25
Proposed Revised
Contract – FY
2022/23 - 2024/25
]208 Construction Phase Services $1,161,153 --
209 Assist with Brine Disposal Coordination $28,854 $28,073 210 AWTF Contractor Prequalification
(Complete) -- --
211 AWTF Architectural Renderings -- $7,491
TOTAL $1,310,396 $1,189,289
A detailed estimate of hours and estimated other direct costs (ODCs) is provided on the attached tables. If approved, the contract would be reduced by $121,107.

We hope this proposal meets your expectations and look forward to continuing our work with you and the City.

Sincerely,
Michael K. Nunley, PE
Principal Engineer
Attachments:

Draft AWTF Design Refinement Study
Detailed Budget with Manhour Breakdown by Fiscal Year
Subconsultant Proposals:

Trussell Technologies (Budget Only)
Smith Structural Group (Structural)
MSO Technologies (SCADA/ Electrical)
Gradiant (Process)
103
Trussell Technologies Cost Breakdown by Task
City of Santa AWTF Design Support
Trussell Technologies Confidential 5/2/24 Page 1of 1
Staff Classification Scope
Principal
Engineer I
Supervising
Engineer I
Hourly Billing Rate $340 $280
204 Preliminary Engineering Report 40 108 148 $ 43,840.00 $ - $ - $ 43,840.00 204A QA/QC process design and water quality
targets
QA/QC effluent flows and water
quality targets. Reading of
background documentation to
onboard Trussell to project
4 10 $ 4,160.00 $ 4,160.00
204B Vendor Coordination with Gradiant
Assist MKN to coordinate with
and review proposed process
equipment integrator (Gradiant) to
support design development,
including modeling results, cost
estimates, sizing, equipment
submittals
20 60 $ 23,600.00 $ 23,600.00
204C QA/QC design criteria and
instrumentation for membrane systems
QA/QC and provide comments on
design criteria 4 12 $ 4,720.00 $ 4,720.00
204D QA/QC 30% P&IDs and control strategies QA/QC and provide comments on 30% P&IDs and control strategies 10 22 $ 9,560.00 $ 9,560.00 204E QA/QC OPCC QA/QC and provide comments on
30% OPCC 2 4 $ 1,800.00 $ 1,800.00
205 Contract Documents 14 34 48 $ 14,280.00 $ - $ - $ 14,280.00 205A 60 Percent Submittal QA/QC
QA/QC and provide comments on
60% submittal to support design
development. P&IDs, design
criteria.
8 20 $ 8,320.00 $ 8,320.00
205B 95 Percent Submittal QA/QC
QA/QC and provide comments on
95% submittal to support design
development. P&IDs, design
criteria.
4 8 $ 3,600.00 $ 3,600.00
205C Final Submittal QA/QC
QA/QC and provide comments on
final submittal to support design
development. P&IDs, design
criteria.
2 6 $ 2,360.00 $ 2,360.00
54 142 196 $ 58,120.00 $ 58,120.00
208 Construction Phase Services 102 166 268 $ 81,160.00 $ 3,600.00 $ 9,500.00 $ 94,260.00 208K Engineering Site Visits
2 visits to site toward end of
construction to verify installation
is complete and prepare for
startup and commissioning
support
20 20 $ 12,400.00 $ 600.00 $ 2,000.00 $ 15,000.00
208P Startup and Commissioning Support
- Review Plant Checkout Plan from
Contractor and provide comments
- Review Commissioning activities
and documentation to ensure
Gradiant provided unit processes
have satisfactorily passed the
Plant Checkout Plan and are ready
for performance testing
- Provide enhanced training
beyond vendor training, such as
hands-on training for City
operations staff during startup
and comissioning to help
operations staff develop key SOPs
(up to 5x 1-day visits)
- Witness performance test (5 out
of 14 days) (5 visits)
- Review performance test
completion report to ensure
compliance with specs
82 146 $ 68,760.00 $ 3,000.00 $ 7,500.00 $ 79,260.00
156 308 464 $ 139,280.00 $3,600.00 $ 9,500.00 $152,380.00 Task No. Total Cost
Trussell Technologies Total Labor Hours
Mileage Misc
ODC's

SUBTOTAL DESIGN-PHASE SUPPORT

TOTAL (DESIGN-PHASE AND CONSTRUCTION PHASE SERVICES)
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Page | 1
Michael Nunley, P.E.
via: [email protected]
MKN & Associates, Inc.

PO Box 1604
Arroyo Grande, CA 93421
RE: Structural Engineering Services for:

Amendment 2 – Process Capacity Updates
City of Santa Paula – WRF - RO Building
920 Corporation St, Santa Paula, CA 93060
Dear Ms. Shields,
We thank you for considering SSG Structural Engineers, LLP as a member of your design team for the City of Santa Paula RO Building.

EXHIBIT A

1. PROJECT SCOPE OF WORK
A. Project Description:

1. Support to Revise Capacity of the Equipment in the Building a. Modify plans to match new Process Design
b. Support for other disciplines related to structural design and updates (Electical, Mechanical, Plumbing, Civil)
c. Update to new code (2022 CBC v. 2019 CBC)

2. Remains Approximately 10,000 square foot building of similar architectural cues to adjacent WRF.
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3. Conventional Slab on Grade Foundation (awaiting Geotechnical Investigation) B. Project Deliverables (Subject to terms and conditions of Exhibit B & C):

1. Participation in project kick-off meeting with design and construction consultants to be held in the general San Luis Obispo area.

2. Structural Design Development (60% CD’s)
a. Outline proposed structural system(s), placement and preliminary sizes of main framing members, and proposed framing assemblies.

3. Structural Design shall be based on the provisions of the 2022 California Building Code and ASCE 7-16.
a. Seismic Restraint and Anchorage of Non-Structural Components (when information is available from Process Design Engineer).
i. Water Tanks
ii. RO Equipment Skids
iii. Pumps/Motors
iv. Roof Mounted HVAC Equipment
v. Ground Electrical Equipment in excess of 400lbs
b. Interior Framing, walls, ceilings, and anchorage.

4. Preparation of Structural Drawings to include the following:
a. Roof Framing and Foundation plans
b. Structural Detail Sheets
c. Structural Notes/Sheet Specifications
d. Structural Specification Sections
e. Anchorage detailing of equipment or redline markups for incorporation in Civil, Electrical or Mechanical drawings.

5. Preparation of Architectural Drawings to include the following aspects:
a. Building Floor Plans
b. Building Elevations
c. Building Sections
d. Reflected Ceiling Plans
e. Egress Plans
f. Code Analysis
g. Building Envelope Assemblies
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6. Respond to Structural Plan Review by the Authority Having Jurisdiction.

7. Construction Administration:
a. Review of Contractor Submittals and Shop Drawings as they pertain to the approved Structural Construction Documents.
b. Response to Contractor Requests for Information (RFI’s) as they pertain to the approved Structural Construction Documents.

8. Structural Observations:

Observations will be necessary, as required by the California Building Code or the Jurisdiction Having Authority. Structural Observation is the visual observation of the structural system for general conformance to the approved construction documents.

Structural Observation shall be performed at significant stages of construction as outlined in the approved structural drawings. Structural observations are not intended to substitute, supplement, or replace inspections required by the Building Department or the Special Inspector. Structural Observation shall be in accordance with Sections 1702 and 1704.5 of the California Building Code.

Frequency of Structural Observations is directly dependent on construction sequencing and accuracy of construction at the time of the observation. For the purposes of this proposal, it is anticipated that two (2) Structural Observations would be necessary during the course of construction. Additional visits shall be considered an additional service and billed as such. 107
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2. COMPENSATION:

Item Compensation
Contract Amendment 2 HNTE $20,000
Total: $20,000
All fees for services performed will be billed in accordance with the prime agreement. 108
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3. EXCLUSIONS: The following services are specifically excluded from the scope of services provided under the conditions of this proposal.

A. Services outside the generally accepted scope for the practice of Structural Engineering unless noted otherwise in scope or work.

B. Soils and/or Geotechnical Engineering or testing.

C. Detailed review of engineering design work completed by others.

D. Preparation of demolition drawings, site surveys or building services surveys E. Material testing or Special Inspection Services
F. Design revisions, partial or complete outside the scope of Design Development.

G. Preparation of Record Drawings from the contractors ‘As-Built’ drawings.

H. Fire Suppression is deferred submittal.

I. Mechanical, electrical, plumbing, lighting and energy consultants J. The review and approval of substitute or alternate materials.

K. Site, grading or civil related design.

L. Utilities or the support and housing of utilities located more than five (5) feet outside the building footprint.

M. Site and landscape furnishings and relocation of site utilities, including those running within five (5) feet of the building footprint.

N. Site shoring or shoring design for any means and methods of the contractor during excavations.

O. Construction cost or scheduling estimating.

P. Special construction consulting and inspection services.

Q. Payment of Municipal, Agency or permit fees.

R. Safety supervision.

S. Preparation/Production of Shop Drawings.

T. Specialty Foundation Solutions not noted in the geotechnical engineering report if received after structural completion of 50% Schematic Design (i.e. deep foundation or mat/raft foundations).

U. Corrosion engineering.

V. Cal-Green, LEED® or other sustainable Consulting outside of that related to the scope of Structural Engineering.

Some of these services can be provided on a time and material basis, should they become necessary during the course of the project.
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EXHIBIT B

1. EXTRA WORK
Any additional work that may be required, and not specified in the Work Description portion of "EXHIBIT A”, will be considered as Extra Work. All revisions of completed work required by the client or changes in governmental policies, codes, ordinances or requirements will also be considered as Extra Work. All Extra Work will be charged on a time and material basis.

2. ADDITIONAL SERVICES
Additional work requiring the services of outside consultants or other direct expenses (i.e., mileage, shipping, printing, etc.,) shall be reimbursed at the rate of 1.10 times the direct cost.

3. ABANDONMENT OR TERMINATION OF PROJECT
If this project is abandoned or terminated, and written or verbal notice is given, payment will be due for all services performed up to the date of notice, including all Extra Work and Reimbursable Expenses. 110
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EXHIBIT C

1. SERVICES TO BE PROVIDED. Design Professional through and by its officers, employees and subcontractors is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal.

Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Design Professional. The Design Professional's services under this Agreement are being
performed solely for the Client's benefit, and no other entity shall have any claim against the Design Professional because of this Agreement or the performance or nonperformance of
services hereunder. The Client agrees to include a provision in all contracts with contractors and other entitles involved in this project to carry out the intent of this paragraph.

2. PAYMENT TERMS. Client agrees to pay Design Professional's invoice upon receipt. If payment is not received within 30 days from the Client's receipt of invoice, Client agrees to pay a service charge on the past due amount at the rate of 1-1/2% per month. Client receipt of invoice will be presumed three days after mailing by Design Professional first class, with adequate postage attached. In the event legal action is necessary to enforce the payment provisions of this
Agreement, the Design Professional shall be entitled to collect from the Client any judgment or settlement sums due,
reasonable attorneys' fees, court costs and expenses incurred by the Design Professional in connection therewith and, in addition, the reasonable value of the Design Professional's time and expense spent in connection with such collection action, computed at the Design Professional's prevailing fee schedule and expense policies. If the Client-fails to make payments when due or otherwise is in breach of this Agreement, the Design Professional may suspend performance of services upon five (5) calendar days' notice to the Client. The Design Professional shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. After five days prior notice to Client, Design Professional may suspend services until paid on any project where payment of invoiced amounts not
reasonably in dispute is not received by Design Professional within 60 days of Client's receipt of Design Professional's invoice. The Design Professional shall have no liability whatsoever to the client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. If the Client fails to make payment to the Design Professional in accordance with the payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination by the Design Professional. Payment of invoices is in no case subject to unilateral discounting or setoffs by the Client, and payment is due regardless of suspension or termination of this Agreement by either party.

Payments to the Design Professional shall not be withheld, postponed or made contingent on the construction, completion or success of the project or upon receipt by the Client of offsetting reimbursement or credit from other parties causing Additional Services or expense. No withholdings, deductions or offsets shall be made from the Design Professional's
compensation for any reason unless the Design Professional has been found to be legally liable for such amounts.

3. STANDARD OF CARE. Services provided by Design
Professional under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily experienced by members of the same profession currently practicing under similar circumstances.

4. PROFESSIONAL LIABILITY. The Client agrees, to the fullest extent permitted by law, to limit the liability of the Design Professional and his or her sub-consultants to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including
attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of the Design Professional and his or her sub-consultants to all those named shall not exceed the Design Professional's total fee for services rendered on this project. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

5. CONTRACTOR AND SUBCONTRACTOR CLAIMS. The Client
further agrees, to the fullest extent permitted by law, to limit the liability of the Design Professional and his or her subconsultants to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness111 Project No.: S20100 May 10, 2024
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fees and costs, so that the total aggregate liability of the Design Professional and his or her sub-consultants to all those named shall not exceed the Design Professional's total fee for services rendered on this project. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise permitted by law. It is intended by the parties that this provision is not an indemnity, but is a good faith agreement by the parties to place a reasonable and responsible limit for the amount of liability assumed by each party.

6. EXTENSION OF PROTECTION. The Client agrees to extend any and all liability limitations and indemnifications provided by the Client to the Design Professional to those individuals and entities the Design Professional retains for performance of the services under this Agreement, including but not limited to the Design Professional's officers and employees and their heirs and assigns, as well as the Design Professional's sub-consultants and their officers, employees, heirs and assigns.

7. OWNERSHIP OF INSTRUMENTS OF SERVICE. All reports,
plans, specifications, computer files, field data, notes and other documents and instruments prepared by the Design
Professional as instruments of service shall remain the property of the Design Professional. The Design Professional shall retain all common law, statutory and other reserved rights, including the copyright thereto.

8. RIGHT OF ENTRY. The Client shall provide for the Design Professional's right to enter the property owned by the Client and/or others in order for the Design Professional to fulfill the Scope of Services included hereunder. The Client understands that use of testing or other equipment may unavoidably cause some damage, the correction of which is not part of this Agreement. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the Design Professional and his or her sub-consultants harmless from any claim, liability or cost (including reasonable attorneys' fees and costs of defense) for injury or loss arising or allegedly arising from procedures associated with testing or investigative activities or discovery of hazardous materials or suspected hazardous materials on said property.

9. RIGHT TO RETAIN SUBCONSULTANTS. The Design
Professional may use the services of sub-consultants when, in the Design Professional's sole opinion, it is appropriate and customary to do so. Such persons and entities include, but are not limited to, surveyors, specialized consultants and testing laboratories. The Design Professional's use of other consultants for additional services shall not be unreasonably restricted by the Client provided the Design Professional notifies the Client in advance.

10. FIELD REPRESENTATIVES. The presence of the Design
Professional's or its subcontractor's field personnel, either fulltime or part-time, may be for the purpose of providing project administration, assessment, observation and/or investigation of specific aspects of the project as authorized by the Client.

Should a contractor(s) not retained by the Design Professional be involved in the project, Client will advise such contractor(s) that the Design Professional's services do not include
supervision or direction of the means, methods or actual work of the contractor(s), his employees or agents. Client will also inform contractor that the presence of the Design
Professional's field representative for project administration, assessment, observation or investigation will not relieve the contractor of its responsibilities of performing the work in accordance with the plans and specifications. If a contractor (not a subcontractor of the Design Professional) is involved in the project, Client agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working conditions on the job site, including security and safety of all persons and property during performance of the work, and compliance with all Client safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that the Design Professional will not be responsible for job or site safety or security on the project, other than for Design Professional's employees and subcontractors, and that the Design Professional does not have the duty or right to stop the work of the contractor.

11. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered at the site which could substantially alter the necessary services or the risks involved in completing the Design Professional's services. If this occurs, the Design Professional will promptly notify and consult with the Client, but will act based on the Design Professional's sole judgment where risk to Design Professional personnel is involved. Possible actions could include: a) Complete the original Scope of Services in
accordance with the procedures originally intended in our 112
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Proposal, if practical in the Design Professional's judgment; b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of unforeseen conditions or occurrences, with such revision agreed to in writing; c) Terminate the services effective on the date specified by the Design Professional in writing.

12. DEFECT IN SERVICE. The Client shall promptly report to the Design Professional any defects or suspected defects in the Design Professional's work or services of which the Client becomes aware, so that the Design Professional may take measures to minimize the consequences of such a defect. The Client warrants that he or she will impose a similar notification requirement on all contractors in his or her Client/Contractor contract and shall require all subcontracts at any level to contain a like requirement. Failure by the Client, and the Client's contractors or subcontractors to notify the Design Professional, shall relieve the Design Professional of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given.

13. DOCUMENTS. Design Professional will furnish Client the agreed upon number of written reports and supporting
documents. These instruments of services are furnished for Clients' exclusive internal use and reliance, use of Clients' counsel, use of qualified bidders (design services only) and for regulatory submittal in connection with the project or services provided for in this Agreement, but not for advertising or other type of distribution, and are subject to the following: a) All documents generated by Design Professional under this
Agreement shall remain the sole property of Design
Professional. Any unauthorized use or distribution of Design Professional's work shall be at Client's and recipient’s sole risk and without liability-to Design Professional. Design Professional may retain a confidential file copy of its work product and related documents; b) In the event the Client consents to, allows, authorizes or approves of changes to any plans, specifications or other construction documents, and these changes are not approved in writing by the Design Professional, the Client recognizes that such changes and the results thereof are not the responsibility of the Design Professional. Therefore, the Client agrees to release the Design Professional from any liability arising from the construction, use or result of such changes, In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Design
Professional harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) arising from such changes, except only those damages,
liabilities and costs arising from the sole negligence or willful misconduct of the Design Professional; c) If Client desires to release report(s) to a third party not described above for that party's reliance, Design Professional will agree to such release provided we receive written acceptance from such third party to be bound by acceptable terms and conditions similar to this Agreement (e.g. Secondary Client Agreement). Reports
provided for disclosure of information only will not require a separate agreement. Client acknowledges to inform such third party that Design Professional's report reflects conditions only at the time of the study and may not reflect conditions at a later time. Client further acknowledges that such requests for release creates a potential conflict of interest for Design Professional and by this request Client waives any such claim if Design Professional complies with this request; d) Client agrees that all documents furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will not be used by Client or any other entity for any purpose whatsoever. Client further agrees that documents produced by Design Professional pursuant to this Agreement will not be used for any project not expressly provided for in this Agreement without Design Professional's prior written
approval; e) Client shall furnish documents or information reasonably within Client's control and deemed necessary by Design Professional for proper performance of our services.

Design Professional may rely upon Client-provided documents in performing the services required under this Agreement; however, Design Professional assumes no responsibility or liability for their accuracy. Client-provided documents will remain the property of the Client, but Design Professional may retain one confidential copy as needed to support our report.

14. OPINIONS OF COST. If requested, Design Professional will use its best efforts and experience on similar projects to provide realistic opinions or estimates of cost for remediation or construction as appropriate based on reasonably available data, Design Professional's designs or recommendations.

However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation unless specifically agreed otherwise in writing with Design Professional. Client understands actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather 113
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conditions, contractor skills and many other factors beyond Design Professional's control.

15. DELAYS. The Design Professional is not responsible for delays caused by factors beyond the Design Professional's reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or approve or disapprove of the Design Professional's services or work product promptly, or delays caused by faulty performance by the Client or by contractors of any level. When such delays beyond the Design Professional's reasonable control occur, the Client agrees the Design Professional is not responsible for damages, nor shall the Design Professional be deemed to be in default of this Agreement.

16. SUSPENSION OF SERVICES. If the project is suspended for more than thirty (30) calendar days in the aggregate, the Design Professional shall be compensated for services performed and charges incurred prior to receipt of notice to suspend and, upon resumption, an equitable adjustment in fees to
accommodate the resulting demobilization and remobilization costs. In addition, there shall be an equitable adjustment in the project schedule based on the delay caused by the suspension.

If the project is suspended for more than ninety (90) calendar days in the aggregate, the Design Professional may, at his or her option, terminate this Agreement upon giving notice in writing to the Client.

17. INDEMNIFICATION. In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Design Professional, his or her officers, directors, employees, agents and sub-consultants from and against all damage, liability or cost, including reasonable attorney's fees and defense cost, arising out of or in any way connected with this project or the performance by any of the parties above named of the service under this Agreement, excepting only those damages, liabilities or costs attributing to the sole negligence or willful misconduct of the Design Professional.

18. LLP PROTECTION. It is intended by the parties to this Agreement that the Design Professional's services in connection with the project shall not subject the Design Professional's individual employees or partners to any personal legal exposure for the risks associated with this project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Design Professional, a California Limited Liability Partnership (LLP), and not against any of the Design
Professional's employees or partners.

19. MEDIATION. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and the Design
Professional agree that all disputes between them arising out of or related to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Client and the Design Professional further agree to include as similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements.
20: TESTIMONY. Should Design Professional or any Design Professional employee be compelled by law to provide
testimony or other evidence by any party, whether at
deposition, hearing or trial, in relation to services provided under this Agreement, and Design Professional is not a party in the dispute, then Design Professional shall be compensated by Client for the associated reasonable expense and labor for Design Professional's preparations and testimony at
appropriate unit rates. To the extent the party compelling the testimony ultimately provides Design Professional such
compensation, Client will receive a credit or refund on any related double payments received by Design Professional.

21. CONFIDENTIALITY. Design Professional will maintain as confidential any documents or information provided by Client and will not release, distribute or publish same to any third party without prior permission from Client, unless compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice to Client.
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22. GOVERNING LAW-& VENUE. The laws of the State of
California govern the validity of this Agreement, its
interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in any court located in the County of San Luis Obispo.

23. PRIORITY OVER FORM AGREEMENTS/PURCHASE ORDERS.

The parties agree that the provisions of these terms and conditions shall control over and govern as to any form writings, signed by the Parties, such as Client Purchase Orders, Work Orders, etc., and that such forms may be issued by Client to Design Professional as a matter of convenience to the Parties without altering any of the terms or provisions hereof.

24. SURVIVAL. All provisions of this Agreement for indemnity or allocation of responsibility or liability between Client and Design Professional shall survive the completion of services and the termination of this Agreement.

25. SEVERABILITY. In the event that any provision of this Agreement is found to be unenforceable under law, the
remaining provisions shall continue in full force and effect.

26. ASSIGNMENT. This Agreement may not be assigned by
either party without the prior written consent of the other.

27. INTEGRATION. This Agreement comprises the final and complete agreement between the Client and the Design
Professional. It supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter of this Agreement.

Execution of this Agreement signifies that each party has read the document thoroughly, has had any questions explained by independent counsel and is satisfied. Amendments to this Agreement shall not be binding unless made in writing and signed by both the Client and Design Professional.

END OF EXHIBIT C
{{Sig_es_:signer1:signature }}{{Dte_es_:signer1:date}}
Signed Date
{{N_es_:signer1:fullname }} {{*Ttle_es_:signer1:title }} By Title
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This agreement shall be considered valid until December 31, 2021. At that time, this office reserves the right to modify it in both scope and fee.

Please acknowledge your acceptance of these terms, conditions and provisions by signing the Authorization to Proceed (below) and Exhibit C. Kindly return the executed sections to this office.

Sincerely yours,
Michael E. Parolini, P.E., S.E.

CA License No. S5405 & C69340
attached: Employee Hourly Rate Sheet
This proposal/agreement are instruments of service and are the property of SSG Structural Engineers, LLP. All drawings, information, specifications, ideas, designs and arrangements represented within proposal (as well as, attached exhibits, addenda, etc.) shall remain the property of the Engineer. No part thereof shall be copied, disclosed to other or used in connection with any work or project other than the specific project for which they have been prepared and developed, without the expressed written consent of the Engineer.

Copyright 2021, SSG Structural Engineers, LLP
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AUTHORIZATION TO PROCEED
Please sign below to indicate authorization and return a copy to us by mail or digitally City of Santa Paula – WRF RO Building Contract Amendment Approved by: {{Sig_es_:signer1:signature }} Title:{{*Ttl_es_:signer1:title }} Printed Name: {{N_es_:signer1:fullname }}
Date: {{Dte_es_:signer1:date }}
Billing Party Name: {{*Field2_es_:signer1 }}
Billing Address: {{*Address_es_:signer1 }}
Billing Email: {{*Em_es_:signer1:email }}
Billing Party Phone: {{*Field3_es_:signer1 }}
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EMPLOYEE HOURLY RATE SHEET
Effective January 1, 2019
Position Rate
Principal Structural Engineer $190 / hr
Principal Engineer $180 / hr
Senior Structural Engineer $145 / hr
Structural Engineer $135 / hr
Senior Project Engineer $125 / hr
Project Engineer $115 / hr
Staff Engineer $105 / hr
Production (CAD) Operator $75 / hr
Production (CAD) Technician $65 / hr
Administrative Professional $40 / hr
Reimbursable Expenses shall be billed at a rate of 1.1 times direct cost (Mileage, Travel, Printing, Shipping, Etc.)
118
MSOTechnologies, Inc.
2985 East Hillcrest Drive, Suite 101
Thousand Oaks, CA 91362
Voice (805) 379-8668
Fax (805) 379-8677
MSO Technologies, Inc. 1
May 1, 2024
Eileen Shields
MKN and Associates
PO Box 1604
Arroyo Grande, CA 93421
REF: City of Santa Paula – WRF Reverse Osmosis Project, Revision 2 Dear Eileen,
MSO is pleased to offer its design and consulting service for the Reverse Osmosis project at the water recycling facility for the City of Santa Paula. The City’s plan is to put in a reverse osmosis plant in the water reclamation facility to reduce by reducing the remaining chloride discharge.

Most reverse osmosis units are package systems but there will need to be some minor integration of the control and instrumentation into the water reclamation facility SCADA system.

The original project started in 2020 and the last rendition of drawings is from March 2023.

MSO’s scope slid from providing PLC panel drawings to providing Process and Instrumentation drawings, network drawings, controls and instrumentation specifications, and cost estimates. It is assumed that MSO scope will be the same as in the initial project but will support reasonable design requests from the MKN team. The following is a cost estimate for the work for the project revisions to the detailed design. MSO only charges for the time used on the project up to the estimated cost.

It has recently noted that the original electrical engineering firm IRJ Engineers Inc are not taking on any more new projects. MKN has requested MSO to provide support for the electrical engineering aspects of the project. IRJ Engineers did a very good job designing the electrical components of the project and it is assumed that most of the electrical design would mostly stay the same and there will only be slight modifications. However, the proposal must be realistic and must plan for the worst-case scenario. MSO only charges for the time used on the project up to the estimated cost.

Proposal
Item Description Hours Rate Extended
1 Detailed design drawings for instruments and
control equipment.
100 $172 $17,200
2 Controls and instrumentation equipment
specifications and cost estimate.
40 $172 $6,880
3 Electrical design modifications. 100 $172 $17,200
4 Electrical equipment specifications and cost
estimate.
40 $172 $6,880
5 Attend design review meetings (8) 20 $172 $3,440
6 Expenses, mileage, consumables 1 $400 $400
119
Eileen Shields
MKN and Associates
City of Santa Paula – WRF Reverse Osmosis Project
MSO Technologies, Inc. 2
Total $52,000
If there are any questions, please email Lloyd Trick [email protected] or call at (805) 379- 8668 extension 1002.

Sincerely,
MSO Technologies
Lloyd Trick, PE.
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CUSTOMER

2 (22R) 05.28.2024
1 08.06.2020
0 07.31.2020

REV DATE
MKN & Associates, Inc.

Santa Paula, CA Wastewater Treatment Plant

COMMERCIAL PROPOSAL

DESIGN PACKAGE
FOR

CHLORIDE REDUCTION SYSTEM WITH

COUNTERFLOW REVERSE OSMOSIS
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2 Contents
1 INTRODUCTION TO GRADIANT ................................................................................................. 3 2 PROPOSAL OBJECTIVE .............................................................................................................. 3 3 SCOPE OF SUPPLY ..................................................................................................................... 4 4 COMMERCIAL SECTION ............................................................................................................ 6 5 GRADIANT STANDARD TERMS AND CONDITIONS .................................................................... 7 122
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4 1 INTRODUCTION TO GRADIANT
Gradiant is the leading global provider of cleantech solutions for advanced water and wastewater applications. We solve the world’s most important water challenges with end-to-end solutions that minimize our customer’s treatment costs, reuse more water within their operations and do so in the most sustainable manner.

From our founding at the Massachusetts Institute of Technology (MIT) in 2013, Gradiant has evolved from a spirited technology startup to a global leader in cleantech water solutions. We have become experts in the treatment of industrial water, water reuse, minimum liquid discharge (MLD), zero liquid discharge (ZLD), high recovery seawater desalination and resource recovery of metals and minerals.

We bring sustainability into our client’s operations and supply chain – to lower operating costs, improve efficiency and reliability, protect critical assets, and reduce water footprint.

In 2023, Gradiant received the prestigious “Desalination Company of the Year” Award at the Global Water Awards. In 2022, Gradiant was recognized at the Global Water Awards as “Water Technology Company of the Year” and our Synauta Artificial Intelligence (AI) business received the “Breakthrough Technology Company of the Year” Award. At the 2022 International Desalination Association World Congress, Gradiant won the “Most Innovative Company” Award. Our team includes some of the top minds in water, bringing the experience and resources necessary to execute turnkey water, wastewater reuse, zero-liquid discharge and resource recovery projects.

With over 900 employees, Gradiant operates from its global headquarters in Boston, global R&D innovation labs in Singapore and 17 regional offices around the world. Gradiant serves Fortune 500 companies on mission-critical operations in essential industries such as microelectronics, pharmaceuticals, mining, food and beverage and power generation. Gradiant’s systems, services and digital platform are designed to meet stringent performance metrics, optimize system performance in real time and increase reliability by mitigating the risk of unplanned downtime through proprietary AI Machine Learning algorithms.

Gradiant can deliver projects in an Engineering, Procurement and Contracting (EPC) capacity, provide water-as-a-service using a Design, Build, Own, Operate & Maintain (DBOOM) model or act as a Design-Build technology and systems provider to a primary EPC. Our overall objective in project execution is to add value by delivering custom solutions for challenging water and mineral recovery operations.

At Gradiant, our mission is to Elevate Water.
2 PROPOSAL OBJECTIVE
The objective of this proposal is to provide Engineering Design Services for an integrated water treatment solution (Gradiant System) for the Santa Paula Wastewater Treatment Plant (Plant). 123
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5 The Gradiant System will be designed to reduce chlorides in the effluent water being discharged from the Santa Paula Wastewater Treatment Plant in compliance with legal and regulatory requirements and with minimum brine residual. The deliverables for this proposal include the drawings, engineering calculations and equipment specifications necessary for obtaining a firm cost estimate for detailed design, construction and commissioning of the Gradiant System.

The proposed solution features CounterFlow Reserve Osmosis (CFRO) technology. The CFRO process desalinates water that is too concentrated for treatment with conventional RO, using substantially less energy than required by any other brine concentration method. The Gradiant System integrates the CFRO process with conventional pre-treatment, water softening and advanced membrane desalination methods to produce a low chloride permeate stream while minimizing the amount of residual brine requiring offsite disposal. Gradiant System permeate can be blended with untreated Plant effluent to comply with the chlorides concentration limit at the lowest possible cost.
3 SCOPE OF SUPPLY

S/N DESCRIPTION GRADIANT CLIENT
1 Project schedule for the proposed water treatment package ✔ 2 Process flow diagram and mass balance ✔
3 Piping and instrumentation diagram ✔
4 Process design basis ✔
5 Process calculations/ projections ✔
6 Equipment skid dimensions and operating weight estimates (suitable for civil inputs)
✔
7 Controls narrative / philosophy, i/o list ✔
8 Electrical load summary ✔
9 Controls architecture drawing ✔
10 Control Panel (MCC and PLC) dimensions and weight ✔
12 Utility & chemical list ✔
13 On-skid pipe list or piping schedule indicating connections on P&ID
✔
14 Tie-in document ✔
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6 S/N DESCRIPTION GRADIANT CLIENT
15 On-skid cable and conduit schedule ✔
16 Cost estimate for detailed design, procurement,
construction and commissioning of plant ✔
17 Plant GA ✔
18 Electrical single line drawings ✔
19 Off-skid cable and conduit schedule ✔
20 Pipe list ✔
21 Storage tanks (off skid) ✔
22 Utilities (electricity, clean water supply, instrument air if needed) at designated points ✔
23 Interconnecting piping, cable works between the skids ✔ 24 Provide the agreed-upon volume and not-to-exceed
composition of influent wastewater on a continuous basis ✔ 25 Provide continuous off-take arrangements for recovered water, and treated water from Gradiant equipment ✔
26 Construction, Erection supervision at site, Material handling equipment (Cranes, Monorail etc.), provide access to the proposed package
✔
27 Insurance of Plant & Equipment, All taxes & duties ✔ 28 Firefighting equipment, fire water loop (if required) for the skids being proposed ✔
29 Third Party approval / Authority approvals, Compliance to Laws, Statutory Requirements, and all Permits ✔
30 Communication network, Telephone, Internet, Site security ✔ 31 Temporary utilities and Power during commissioning/precommissioning ✔ 28 Sampling and Sample Analysis ✔
32 All civil & structural work and associated maintenance ✔ 33 Sludge/ treated water disposal ✔
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7 Note: Gradiant’s proposed man hours based on maximum of 3 revisions of each document. 4 COMMERCIAL SECTION
1 SCOPE Detailed design of proposed treatment package as per Scope of Supply provided in Section 3 above
2 DETAILED

ENGINEERING
PRICE
Detailed design engineering cost is a lumpsum amount of USD 108,152.00
3 TIMELINE FOR

COMPLETION
2-3 months from acceptance of purchase order
4 DELIVERABLE
LIST
Included in the Scope of Supply in Section 3 above
5 PAYMENT

SCHEDULE
50% advance along with purchase order
50% upon submission of all deliverables
6 SCOPE

EXCLUSIONS
All scope exclusions are developed by the OWNER
7 VALIDITY 30 days from the date of this proposal
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8 5 GRADIANT STANDARD TERMS AND CONDITIONS
Notice: Sale of any Equipment or Services is expressly conditioned on Owner's assent to these Gradiant Standard Terms and conditions.

Save in case of a non-binding Indicative Commercial Proposal which do not legally constitute an offer capable of acceptance and can be withdrawn at any time by Gradiant, any acceptance of Gradiant’s offer is expressly limited to acceptance of these Gradiant Standard Terms and Conditions and Gradiant expressly objects to any additional or different terms proposed by Owner. No facility entry form shall modify these Gradiant Standard Terms and Conditions even if signed by Gradiant’s representative. Any order to perform work and Gradiant's performance of work shall constitute Owner’s assent to these Gradiant Standard Terms and Conditions. Unless otherwise specified in the Proposal, Gradiant’s quotation shall expire 30 days from its date and may be modified or withdrawn by Gradiant before receipt of Owner’s conforming acceptance.

I. Definitions
Contract means the following documents quoted in decreasing order of precedence as follows:

1. The Special Conditions – Appendix C (if any);

2. The Commercial Section of the Proposal;

3. Appendix A of the Proposal;

4. Appendix B of the Proposal;

5. These Gradiant Standard Terms and Conditions.

Contract Price means the agreed price stated in the Contract for the sale of Equipment and Services, including adjustments (if any) in accordance with the Contract.

CONTRACTOR or Gradiant means GRADIANT CORPORATION
Equipment means the equipment sold, rented or to be rented by Gradiant to the Contractor under this Contract.

Owner means the entity identified as such on the cover page of the Proposal.

Premises means the Owner's premises.

Sales tax means the sales and use tax as appliable by law.

Services means all operation and maintenance services to be provided under this Contract and as set forth in Appendix A Contract.

Special Conditions means, if any, written terms and conditions annexed in Appendix C to the Contract that are:
(a) different from or additional to the terms and conditions set forth in these Gradiant Standard Terms and Conditions, and (b) specially negotiated by the parties in reference to the Project.

II. Agreed Terms and Conditions

1. Contract Formation: This Contract is effective as of the date of the Owner’s unconditional acceptance of the Proposal.

2. Entire Contract: This Contract is the complete agreement between Gradiant and the Owner in relation to the sale of the Equipment and Services. No Owner-issued terms and conditions, confirmation, delivery document, payment advice, or subsequent representation (unless agreed in writing) will vary this Contract.

3. Deliveries; Title Transfer; Risk of Loss; Storage:

3.1 Save as otherwise provided in the Contract:
a) Title to the Equipment shall pass to the Owner upon full payment of the Contract Price; and b) Risk of loss of any Equipment sold hereunder shall pass to Owner at the point of physical delivery. 127
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9 3.2 If any Equipment to be delivered under this Contract cannot be shipped to or received by Owner when ready due to any cause attributable to Owner or its other contractors, Gradiant may ship the Equipment and equipment to a storage facility, including storage at the place of manufacture or repair, or to an agreed freight forwarder. If Gradiant places Equipment or equipment into storage, the following apply: (i) risk of loss immediately pass to Owner, if it has not already passed, and delivery shall be deemed to have occurred; (ii) any amounts otherwise payable to Gradiant upon delivery or shipment shall be due; (iii) all expenses and charges incurred by Gradiant related to the storage shall be payable by Owner upon submission of Gradiant’s invoices; and (iv) when conditions permit and upon payment of all amounts due, Gradiant shall make Equipment available to Owner for delivery. 4 Payment: Owner shall pay Gradiant the Contract Price for the Equipment and Services by paying all invoiced amounts in U.S. dollars (save as otherwise stated in the Contract), without set-off for any payment from Gradiant not due under this Contract, within the time prescribed in the Contract. For each calendar month, or fraction thereof, that payment is late, Owner shall pay a late payment charge computed at the rate of 1.5% per month on the overdue balance, or the maximum rate permitted by Law, whichever is less. 5 Owner's Other Obligations: The Owner must:
(a) Coordinate shipment, delivery to site and accept delivery of the Equipment; (b) Install, connect to power and other utilities and use the Equipment in accordance with any written specifications provided by Gradiant.
(c) Ensure the Equipment is used solely by the Owner in accordance with any user manuals supplied with the Equipment and for no other purpose other than that for which it was designed; (d) Use the Equipment in a skillful and proper manner;
(e) At its own cost and expense obtain consumables and provide all utilities to be used in conjunction with the Equipment; (f) Not make any alterations, additions or improvements to the Equipment without the prior written consent of Gradiant. (g) Ensure that the Equipment is repaired and maintained by Gradiant or Owner only and if a third party is to undertake any repair, maintenance or other service to the Equipment, obtain Gradiant's prior written consent; (h) Only use the Equipment in conjunction with chemical supplied or specified by Gradiant except that chemical supplied by others may be used with the prior written consent of Gradiant; (i) Keep and use the Equipment at the Premises unless it is being delivered for return to Gradiant or as otherwise agreed by Gradiant in writing;
(j) During the term of this Contract, permit a Gradiant representative to inspect and test the Equipment at any time during working hours, or if Gradiant gives the Owner at least eight hours’ notice, at any time outside working hours; Customer shall execute and provide all documents reasonably requested by GRADIANT to confirm ownership of such rights by GRADIANT. If any of such rights cannot be owned by GRADIANT under applicable laws, Customer hereby agrees to immediately grant an exclusive, worldwide, irrevocable, royalty free right and license to GRADIANT to make, have made, use, adapt, translate, modify, reproduce and have used, sell and distribute any such rights, or any item, design or materials incorporating such rights.

The Customer grants GRADIANT a non-exclusive, royalty free license to use, modify, adapt and copy any Customer IPR required by GRADIANT for the performance of the agreement.

Warranties: GRADIANT warrants that the Equipment shall be free of material defects for 12 months from date of shipment. GRADIANT will provide all its vendor warranties to Customer as part of equipment sale. GRADIANT expressly disclaims any warranties with respect to water system biohazards from waterborne pathogens, including but not limited to Legionella bacteria.

GRADIANT’s sole responsibility and liability for any warranty claims hereunder shall be to repair or replace the defective Equipment at GRADIANT’s cost and expense.

Liability: Notwithstanding any other provision in this agreement, neither party will be liable to the other for indirect, incidental or consequential loss or damage (including, without limitation, business interruption or loss of profits associated with the same) howsoever caused arising out of this agreement or any related document or out of the delivery, storage or use of the Equipment. This clause survives the termination of the agreement.
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Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C
10 Insurance: The Customer will take out and maintain, for the benefit of both the Customer and GRADIANT, as an additional named insured, insurance to cover (i) all loss or damage to the Equipment (for its full replacement value) while the equipment is on the Customer’s premises, and (ii) general liability insurance covering property damage and personal injury (including death) with combined limits of not less than US Dollar 1 million, and produce evidence of such insurance coverage to GRADIANT upon request.

Force Majeure: If either party is delayed in or prevented from carrying out any of its obligations under this agreement (other than a payment of money) due to a Force Majeure Event that party will be excused from performance of such obligation for as long as and to the extent that the prevention or delay lasts.

Each party must: (a) notify the other party immediately after becoming aware that a Force Majeure Event has occurred; (b) keep the other party fully informed of the circumstances of the Force Majeure Event and the effect upon performance of its obligations; and (c) take all reasonably practical steps to limit the effects of the Force Majeure Event on the performance of its obligations. For purposes hereof, a Force Majeure Event shall mean any event or occurrence outside of the reasonable control of a party (such as a natural disaster, act of war, general labor stoppage and similar events), but shall not include financial distress or lack of profitability of any business activities conducted in connection with this agreement.

Default: A default under the Agreement shall be deemed to have occurred when one of the parties has breached a material provision of the Agreement and, such party having first received written notice setting forth the nature of the alleged breach, has not cured said breach within fourteen (14) days after notification thereof. Specifically, failure of Customer to meet any payment obligations under the Agreement is a breach of a material provision of this Agreement if Customer has not cured such material breach within five (5) days.

Termination: Either party may terminate the agreement provided the other party has breached a material provision of the Agreement and, such party having first received written notice setting forth the nature of the alleged breach, has not cured said breach within fourteen (14) days after notification thereof.

GRADIANT may (in addition to any other termination or other right it may have under any other provision of this agreement or applicable law), by giving written notice to the Customer, terminate this agreement and may retake possession of all or any of the Equipment if:
(a) the Customer fails to pay when due any amount owing to GRADIANT (whether under this agreement or any other agreement); (b) the Customer breaches any other provision of this agreement and fails to remedy the breach within 14 days after receiving written notice requiring it to do so; or
(c) any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of the whole or any part of the Customer's assets or business.

The Customer must provide, at its cost, all assistance requested by GRADIANT to assist GRADIANT to exercise its rights under this clause and pay any expenses incurred by GRADIANT in enforcing its rights under this clause. If the customer terminates the contract, the customer agrees to reimburse GRADIANT all project related direct expenses incurred up to the total contract value.

Confidentiality: Any information supplied to a party (Receiving Party) by the other party (Supplying Party) relating to this agreement (whether in writing or otherwise) and notified by the Supplying Party as confidential will be the Supplying Party's confidential information unless it is:
(a) public knowledge at the time of its supply to the Receiving Party; (b) in the Receiving Party's lawful possession prior to its supply to the Receiving Party; or (c) required to be disclosed by law or court proceedings.

The Receiving Party must keep the Supplying Party's confidential information confidential, safe and secure, not disclose to any person (except personnel of the Receiving Party who have need to know) and return it when the agreement terminates or expires. Neither party may make any public statement (oral or written) about this agreement unless it has first obtained written consent from the other party.

Despite the provisions of this clause, GRADIANT may reference the agreement and the Customer in name only on its website and promotional materials.

Assignment: Until fulfilment of Payment requirements of the contract, the customer may not assign this agreement or transfer possession of the Equipment without the prior written consent of GRADIANT, which GRADIANT may grant or withhold in its sole discretion. GRADIANT may assign this Agreement and ownership of the Equipment, provided the title has not been transferred to the customer, upon written notice to the Customer.
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Commercial Proposal
Proposal No: 24(22r)-000360 - CFRO-EPC-USA-20222-C
11 GST and other taxes & duties:
(a) Any consideration to be paid for a supply made under the agreement does not include an amount on account of GST/VAT/duties.

The consideration payable for a supply but for the application of this clause is increased by, and the Customer must also pay to GRADIANT, an amount equal to the GST/VAT/duties payable by GRADIANT on that supply. (b) In addition to the Charges, the Customer will be liable to pay and will reimburse GRADIANT for (or pay directly if instructed by GRADIANT) all fees, charges, duties (including stamp duty) and taxes which may be imposed or levied upon this agreement, or the renting, possession or use of the Equipment or any document, transaction, receipt or payment in connection with this agreement. (c) The only exception to the above is any export/VAT duties imposed by the country of origin of the equipment, which will be borne by GRADIANT, before the equipment is shipped to customer site.

Applicable Law: This Agreement will be subject to and beinterpreted in accordancewith the laws of Singapore, without regardto its choice of law provisions. All disputes arising hereunder, including with respect to the validity, existence and termination of this agreement, shall be resolved through binding arbitration conducted under the rules of the Republic of Singapore. Any such arbitration shall be conducted in Singapore, number of arbitrators selected to be in accordance to local rules. All proceedings and written submittals shall be in English.

The decision of the arbitrator shall be final and binding upon the parties and may be entered as a final judgment in any court having jurisdiction. The parties shall each bear their own costs and expenses incurred in any such arbitration and shall share equally the costs and fees assessed by the arbitrator.
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To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: 2024 LABOR DAY PARADE REQUEST FOR FEE WAIVER
Date: July 2, 2024
Agenda Item: 10.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

1. Consider a request to waive 50% of the costs for City services for the 2024 Santa Paula Labor Day Parade.

BACKGROUND:

For the past three years, Council approved in-kind services for the Santa Paula Labor Day Parade to cover the costs associated with street closures and re-openings, as well as law enforcement support. The following figures reflect the dollar amount of in-kind services for the past three years:
2023 - $2,737 (50% of the parade was covered with in-kind services) 2022 - $1,835 (50% of the parade was covered with in-kind services) 2021 - $8,566 (100% of the parade was covered with in-kind services) The Santa Paula Community Fund, a 501(c)3 non-profit organization who sponsors the annual Labor Day Parade along with the Labor Day Parade Committee, has submitted a request (Exhibit A) for the City to waive service fees for the upcoming Labor Day Parade event this September. The Municipal Code §115.007(D) authorizes the City Council to waive fees for 501(c)(3) non-profit groups.

ANALYSIS:

In June 2024, the Santa Paula Community Fund submitted a request for the City to consider waiving up to 50% of city fees related to the event. In past years, the Labor Day Parade has been a very popular event in town that honors all the residents who work in our community.

Additionally, it is known to attract people from all over Southern California to our downtown.

Upon receiving the application, staff circulated it to the applicable City departments in order to get estimated costs for City services. Below are the estimated costs for the parade:
$346 Application/Special Event Permit Fee
$245 Encroachment Permit Fee
$2,196 Public Works estimated costs
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$5,580 Police Services estimated costs
Total estimated costs for City Services: $8,367
In hopes of City support, The Santa Paula Community Foundation Fund and the Labor Day Parade Committee are kindly requesting the City of Santa Paula sponsor the event by providing in-kind services/sponsorship of the event up to 50% of total costs. It should be noted that the Labor Day Parade Committee have already paid the costs of the application fee ($346) and the encroachment permit fee ($245).

Should Council approve the in-kind sponsorship request, the estimated remaining costs for which the Labor Day Parade Committee would be responsible for would be $3,888 (excluding application and permit fees).

STRATEGIC PLAN:

Approval of this item supports City Council’s two-year Strategic Plan, Section A. Arts, Culture and Entertainment, with a goal of becoming a regional leader of the arts, culture, and entertainment that accurately represents our history and core values.

FISCAL IMPACTS:

The event organizers are requesting the partnership with the City of Santa Paula to help absorb the costs of City services. The estimated value of the in-kind sponsorship would be between $3000 - $4,200.

OPTIONS:

City Council has the following alternate options available:

1. 1. Support the event as a sponsor for a specific amount of in-kind services for the 2024 event as opposed to a percentage of costs.

2. 2. Direct event organizers to utilize the existing Special Events Sponsorship Program.

This option would limit the total amount of support the Santa Paula Community Fund would receive to $2000.

3. 3. Provide alternate direction to staff.

ATTACHMENTS:

EXHIBIT A - 2024 LDP City Waive Partial Fees Request.pdf EXHIBIT B - Labor Day Parade Application.pdf
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EXHIBIT A

LABOR DAY PARADE

SPONSORSHIP REQUEST LETTER
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2023 SANTA PAULA LABOR DAY PARADE
116 Via Solana
Santa Paula, CA 93060
June 8, 2024
Dear City of Santa Paula and Council Members,
Once again, Santa Paula Labor Day Parade Committee will be sponsoring the only Labor Day Parade in Ventura County. The purpose is to honor all the men and women who work in our community. This is the 19th year of this event. In addition to recognizing the contributions of all workers, we want it to be a celebration for all to enjoy and have an opportunity to join in the fun.

We would like the council to consider waiving partial service fees up to 50% for the 2024 Labor Day Parade.

If you have any questions please give me a call.

Warm regards,
Ron Merson, Chair
805-816-7891
[email protected]
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EXHIBIT B

LABOR DAY PARADE

EVENT APPLICATION
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To: Honorable Mayor and Members of the City Council
From: Donald Aguilar, Police Chief
Subject: RESPONSE TO GRAND JURY REPORT ENTITLED LINKING FIRST

RESPONDERS - VENTURA COUNTY REGIONAL RADIO SYSTEM
Date: July 2, 2024
Agenda Item: 10.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff Recommends that the City Council:

1. Approve the response letter to the Ventura County Grand Jury and authorize the Mayor to sign the letter.

Presented by: Don Aguilar, Police Chief
BACKGROUND:

In the State of California, civil grand juries are authorized to “investigate and report upon the operations, accounts, and records of the officers, department, functions, and the method or system of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit.” (Cal. Penal Code 925(a).) On or about May 15, 2024, the Ventura County Grand Jury issued its report titled, "Ventura County Regional Radio System." In the report, the Grand Jury recognized the need for first responders to communicate on a common radio system after researching the readiness, compatibility, and use of the radio systems first responders employed in the event of emergencies affecting Ventura County. The investigation stemmed from the 2018 Borderline Bar and Grill Mass Shooting in Thousand Oaks, revealing the inadequacies of the communication systems in place at the time.

Since this incident, significant improvements have been made in the ability of first responders to communicate with each other. The report highlighted those improvements as well as the remaining challenges.

The Sheriff's After-Action Review of the Borderline Mass Shooting states: "When a multiagency team is deployed in critical incidents, [the agencies must] provide for radio interoperability or sufficient team members who can communicate directly with the agency having primary jurisdiction for the incident."
Radio communication is crucial in facilitating coordination among first responders during a crisis incident, especially when there are numerous responding agencies on the scene. Radios 147
must have the capability to perform and must be operated appropriately by users. To avoid missing critical pieces of information, first responders must adopt a stringent, disciplined approach to communication. First responders must communicate in mutually understood terminology that is delivered clearly and succinctly. Situational updates must be provided in real-time to keep those on the scene and enroute informed of evolving conditions. (Ref-03) The Office of Emergency Services (OES) is a division of the VCSO comprising emergency managers with experience from a variety of backgrounds, including law enforcement, fire, planning, finance and technology experts. OES is responsible for the day-to-day administration of the county's preparedness, mitigation response and recovery programs. OES is also responsible for the development and maintenance of the county's emergency operations plan, maintaining the county's Emergency Operations Center (EOC) and coordinating EOC activities during a disaster. This team maintains readiness for emergencies.

Prior to the Borderline incident, various departments within the County of Ventura, including Information Technology Services Department (ITSD) and OES, saw the need for and began taking steps to implement a regional radio system, the Ventura County Regional Radio System (VCRRS). They planned to make this system available to emergency responders and other government agencies throughout Ventura County.

The Grand Jury has identified improvements that have been made since the Borderline Bar and Grill Mass Shooting. The Grand Jury also recognized remaining challenges with regional radio communication.

At the conclusion of the report, the Grand Jury requested a response from the City to findings F-7, F-8, and Recommendation R-6. The attached letter, noted as Exhibit A, is the response to the Grand Jury.

ANALYSIS:

Within 60 days after a Grand Jury’s issuance of the report, the City Council must comment to the Presiding Judge of the Superior Court on the findings and recommendations contained in the report. The attached proposed response to the Report, prepared by the Chief of Police and other key City staff, addresses the Grand Jury’s findings and recommendations.

STRATEGIC PLAN:

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

FISCAL IMPACTS:

There are no fiscal impacts associated with this item outside of staff's time to respond to the report. City Council will be presented with an MOU between the City and the Ventura County Regional Radio System (VCRRS) in order to join the system once it is completed. It is unknown at this time what costs will be associated with the MOU.

OPTIONS:
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In addition to the recommended action, the Council can:

1. Propose alternative language and direct that the response be revised.

ATTACHMENTS:

Exhibit A - Proposed Response to Report on Water Availability for Wildfires in Ventura County.docx
Exhibit B - VC Grand Jury 2023-2024 Linking First Responder Final Report.pdf 149
“Citrus Capital of the World” City of Santa Paula
970 Ventura Street  Santa Paula, California  Mailing Address: P.O. Box 569  93061  (805) 933-4214www.ci.santa-paula.ca.us 1 of 3
July 2, 2024
The Honorable Kevin G. DeNoce
Presiding Judge of the Superior Court
County of Ventura
800 South Victoria Avenue
Ventura, CA 93009
Re: City’s Response to Grand Jury Report Entitled “Linking First Responders – Ventura County Regional Radio System”
Dear Judge Kevin G. DeNoce:

On or about May 15, 2024, the Ventura County Grand Jury issued its report titled, "Ventura County Regional Radio System." In the report, the Grand Jury recognized the need for first responders to communicate on a common radio system after researching the readiness, compatibility, and use of the radio systems first responders employ in the event of emergencies affecting Ventura County.

Prior to the Borderline Mass Shooting Incident, various departments within the County of Ventura, including Information Technology Services Department (ITSD) and OES, saw the need for and began taking steps to implement a regional radio system, the Ventura County Regional Radio System (VCRRS). They planned to make this system available to emergency responders and other government agencies throughout Ventura County.

The Sheriff's After-Action Review of the Borderline Mass Shooting states: "When a multi-agency team is deployed in critical incidents, [the agencies must] provide for radio interoperability or sufficient team members who can communicate directly with the agency having primary jurisdiction for the incident."
Radio communication is crucial in facilitating coordination among first responders during a crisis incident, especially when there are numerous responding agencies on the scene. Radios must have the capability to perform and must be operated appropriately by users. To avoid missing critical pieces of information, first responders must adopt a stringent, disciplined approach to communication. First responders must communicate in mutually understood terminology that is delivered clearly and succinctly. Situational updates must be provided in real-time to keep those on the scene and enroute informed of evolving conditions.

The Office of Emergency Services (OES) is a division of the VCSO comprising emergency managers with experience from a variety of backgrounds, including law enforcement, fire, planning, finance and technology experts. OES is responsible for the day-to-day administration of 150
Ventura County Grand Jury – Response to Grand Jury Report July 2, 2024 2 of 3
the county's preparedness, mitigation response and recovery programs. OES is also responsible for the development and maintenance of the county's emergency operations plan, maintaining the county's Emergency Operations Center (EOC) and coordinating EOC activities during a disaster.

When completed, the Ventura County Regional Radio System (VCRRS) will provide improved service to the unincorporated areas of Ventura County as well as to the VCSO contract cities.

VCRRS can include "interoperability, virtually unlimited concurrent conversations, clearer reception, encryption, location services, prioritized radio traffic and cellular redundancy, which will also supply streaming video and over-the-air programming.

Santa Paula is in the process of developing a Memorandum of Understanding (MOU) to present to their city council for consideration to join the VCRRS.

At the conclusion of the Report, the Grand Jury requested a response from the City to Findings F07, F-08, and Recommendations R-06.

Findings:

F-07. Using the current system, first responders in multiple locations may lose communication.

The City agrees with Finding F-07.

F-08. A MOU for adoption of the VCRRS has not been completed for presentation to the city council
The City agrees with Finding F-08. Once the review process of the MOU has been completed and the VCRRS MOU authors have responded to any notations and recommendation of the MOU by the city’s Chief Technology Officer, it will be presented to city council.

Recommendations:

R-06. The Grand Jury recommends completing and presenting the VCRRS MOU consideration by the city council by October 2024 (F-07, F-08) The City will complete recommendation R-06. The City has established its Chief Technology Officer as a stakeholder of the VCRRS project. After completion of the review and recommendations of the VCRRS MOU by the Chief Technology Officer, the VCRRS MOU will be presented to the city council for consideration. 151
Ventura County Grand Jury – Response to Grand Jury Report July 2, 2024 3 of 3
We thank you for the opportunity to respond to the Report. Should you have any further questions or desire any further information, please contact our City Manager, Dan Singer, by telephone at (805) 933-4201 or by email at [email protected].

Sincerely,
Leslie Cornejo
Mayor
cc: Santa Paula City Council
Dan Singer, City Manager
Don Aguilar, Chief of Police
Rich Williamson, Chief Technology Officer
Lori Macdonald, Foreperson
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To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Deputy City Manager
Subject: THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH MERCHANT MCINTYRE AND ASSOCIATES FOR LEGISLATIVE

ADVOCACY SERVICES
Date: July 2, 2024
Agenda Item: 10.F

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Authorize the City Manager to execute a third amendment to the professional services agreement with Merchant McIntyre and Associates (MMA) for federal legislative advocacy services, in an amount of $78,000, extending the term from July 1, 2024 to June 30, 2025, and increasing the total not-to-exceed amount to $252,000.

BACKGROUND:

Over the past two and a half years, staff has worked closely with Merchant McIntyre and Associates (MMA) to represent the City of Santa Paula to respective government agencies in Sacramento, CA and Washington D.C. MMA’s services have included legislative monitoring and analysis, state and federal advocacy, and grant coordination, assistance and advocacy.

MMA also provides monitoring of executive proposals and legislation, as well as administrative rules and regulations that may affect cities. Legislative advocacy services are also essential in identifying funding opportunities, grant applications and other special programs for which the City may qualify.

To date, MMA has worked with staff on the following initiatives for the City of Santa Paula:

1. Develop Funding Strategies:

1. Function as an extension of Santa Paula’s professional staff; and

2. Prepare a comprehensive Federal Funding Legislative Strategy and specific Action Plan so the City’s leadership can review and assess specific funding opportunities firsthand, and evaluate the City's strategies to secure that funding.

2. Implement Funding Strategies:

1. Schedule substantive discussions with members of Congress, Congressional staff, and agency officials in D.C. and California to highlight the City’s funding objectives. 161

2. Generate quality third-party support letters.

3. Ensure the City’s projects make the priority list of our Congressional champions.

4. Identify and apply for federal grants, such as Safe Streets for All (SS4A).

3. Win Congressionally Directed Spending:

1. Help the City establish working relationships with key Congressional staff and Appropriations Committee staff to learn their criteria for award-worthy funding requests — long before request forms are publicly available. Drive the City’s Federal Congressional Direct Spending (CDS) requests through every step of the legislative process —subcommittee, full committee, floor action, conference committee — until they are signed into law by the President.

2. Manage the development of each funding request from start to finish. This includes the creation of timelines and deadlines management, and clarification of writing roles and responsibilities.

3. Develop and/or improve program design and specific application components.

4. Support all administration needs including federal submission portal requirements, forms, reporting, drawdown and compliance (as needed).

5. Finalize the funding request(s): provide multi-level reviews to ensure clarity, cohesiveness, and editorial input. Check budgets for cost-effectiveness, completeness, and accuracy.

Due to MMA’s efforts over the past two and a half years, the City of Santa Paula has secured approx. $3,000,000 million in support from Congresswoman Julia Brownley for the following initiatives:

Harvard Blvd. Water/Sewer/Pavement Rehabilitation Project - The funding would be used for the water and wastewater replacement portion of the Harvard Boulevard Water and Sewer Pipeline Replacement and Paving Rehabilitation Project — overall an approximately $16 million initiative. The $2 million request will install over 1.2 miles of utility pipeline, which will ensure the City can provide a reliable potable water distribution system and an efficient wastewater collection system to sustain operations in the community.

Mesa Tanks Replacement Project - The $1 million in funding would be used for replacement of two water tanks currently leaking water. The Mesa water tanks play important roles in supporting critical infrastructure, potable water, and fire suppression capabilities for many residents and businesses, including the Ventura County Medical Center located in Santa Paula.

On September 21, 2022, the original agreement with MMA, which was entered into on March 21, 2022, was due to terminate. The original agreement was for a six-month trial period in the amount of $36,000. Prior to the termination of the agreement, staff and MMA mutually agreed to extend our agreement for an additional two months until staff could determine if funding would be available to extend the City's agreement with MMA through the end of the fiscal year.

On December 7, 2022 Council authorized the City Manager to execute a first amendment to the professional services agreement with MMA extending the agreement with MMA through the end of the fiscal year or June 30, 2023. With Council's approval at that time, the total contract amount was increased to a not-to-exceed amount of $174,000. 162
ANALYSIS:

As MMA's contact is due to expire at the end of this month, staff is requesting Council authorize the City Manager to execute a third amendment to the professional services agreement with Merchant McIntyre and Associates (MMA) for federal legislative advocacy and grant services, extending the term through the end of fiscal year 2024/2025, from September 16, 2022 through June 30, 2025, and increasing the not-to-exceed amount to $252,000.

Essentially, MMA's costs for FY24-25 will be $78,000 or $6,500 a month.

Most recently, MMA has been instrumental in:

Assisting staff to secure appointments for the Mayor and the City's legislative analyst in Washington D.C. in April 2024 leading to the following:

Securing a $2,000,000 million FY2025 Community Project Funding Request from Congresswoman Brownley for the Santa Paula Cross-Town Pipeline Project.

Securing a $2,000,000 million FY2025 Congressionally Direct Spending Request from Senator Padilla for the Santa Paula Cross-Town Pipeline Project.

Securing a $1,500,000 million FY2024 Congressionally Direct Spending Request from Senator Butler for the Santa Paula Cross-Town Pipeline Project.

Assisting staff to submit and be awarded a transportation Action Plan application to the United States Department of Transportation (USDOT) for the Safe Streets and Roads for All (SS4A) Grant Program in the amount of $280,000 to allow for subsequent applications seeking up to $10 million in funding for implementation costs to assist with transportation safety projects.

Assisting staff with the draw-down of $2 million in Federal Congressional Direct Spending (CDS) related to the Harvard Blvd. Project and Mesa Tanks Project.

Staff is therefore asking Council to authorize the City Manager to execute a third amendment to the professional services agreement with MMA, as outlined above.

STRATEGIC PLAN:

This item is not a goal or objective in City Council's two-year Strategic Plan; however, approval of this item moves the City closer to obtaining funding to support multiple objectives in Council’s two-year Strategic Plan.

FISCAL IMPACTS:

Funding for a third amendment to the professional services agreement with MMA is included in the FY24-25 fiscal budget in the amount of $78,000 under GL 100-5-0511-209.

OPTIONS:

As an alternative to staff's recommendation, the City Council has the following options:
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1. Do not approve the amendment to the professional services agreement with MMA to provide legislative advocacy services. Doing so is not advised, as the City is the recipient of Federal Congressional Direct Spending (CDS) funds and staff will need the experience and guidance of MMA to navigate use of the funds, as well as reporting and compliance requirements; and/or

2. Provide staff with further direction.

ATTACHMENTS:

Attachment A - MMA Third Amendment FY24-25.docx
Exhibit A to Attachment A - MMA Scope of Services.pdf
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65283.00001\42419787.2

THIRD AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

MERCHANT MCINTYRE & ASSOCIATES, LLC
THIS THIRD AMENDMENT (“Amendment”) is made and entered into this 2nd day of July 2024, by and between the CITY OF SANTA PAULA, a California general law city and municipal corporation (“City”), and MERCHANT MCINTYRE & ASSOCIATES, LLC, a Delaware limited liability company (“Consultant”).

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

A. On March 21, 2022, the City and Consultant entered into an Agreement for federal legislative advocacy and grant services (the “Agreement”).

B. The term of the Agreement was from March 16, 2022 to September 16, 2022.

C. The Consultant’s total compensation under the Agreement could not exceed $36,000.00 without written approval of the City Council or the City Manager, as applicable.

D. On December 7, 2022, the City and Consultant mutually agreed to extend the terms of the March 16, 2022 agreement to June 30, 2023 through a First Amendment to the Agreement (“First Amendment”).

E. The Consultant’s total compensation under the First Amendment could not exceed $96,000.00 without written approval of the City Council or the City Manager, as applicable.

F. On June 21, 2023, the City and Consultant mutually agreed to extend the terms of the first agreement to June 30, 2024 through a Second Amendment to the Agreement (“Second Amendment”).

G. The Consultant’s total compensation under the Second Amendment could not exceed $174,000.00 without written approval of the City Council or the City Manager, as applicable. The Agreement, as amended by the First Amendment and Second Amendment is referred to hereafter as the “Agreement”.

H. The City and Consultant now mutually desire by this Amendment to increase the Consultant’s total maximum compensation and extend the term of the Agreement as set forth below.

2. AMENDMENT. In consideration of the foregoing and pursuant to Sections 1, 7, and 28 of the Agreement, the Agreement is amended as follows:

A. Subsection 3.1.2, entitled “Term,” is hereby amended to read as follows:
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65283.00001\42419787.2
“3.1.2. Term. The term of this Agreement shall be from January 1, 2022 to June 30, 2025 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional one-year term. 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.”
A. Subsection 3.2.1, 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 two hundred fifty-two thousand dollars ($252,000.00) without written approval of the City Council. 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.

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

THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SANTA PAULA AND MERCHANT MCINTYRE & ASSOCIATES, LLC IN WITNESS WHEREOF, the duly authorized representatives of the City and Consultant have executed this Amendment effective as of the first day and year written above.

CITY OF SANTA PAULA MERCHANT MCINTYRE & ASSOCIATES,
LLC
____________________________________ ______________________________ Dan Singer, City Manager Brent Walton Merchant, Principal and CoFounder ATTEST:
____________________________________ __81-5238967__________________ Julie Latshaw, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:
_____________________________________
Monica Castillo, City Attorney
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To: Honorable Mayor and Members of the City Council
From: Kate Watkins, Emergency Services Coordinator
Subject: DECLARATION OF LOCAL EMERGENCY - WATER RESERVOIR BREACH
Date: July 2, 2024
Agenda Item: 10.G

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Adopt Resolution No. 7531 confirming the City Manager's Declaration of Emergency in response to the breach at the City’s main water reservoir.

BACKGROUND:

The purpose of this report is to prove the necessity of declaring an Emergency Proclamation for the City of Santa Paula due to the breach at the City’s main water reservoir and approve the adoption of Resolution 7531. The City’s main water reservoir was compromised, the extent to which was unknown, causing the California State Water Resources Control Board and the Department of Drinking Water to advise declaring a “Do Not Drink the Water” notice for approximately half of the City’s residents. To minimize disruption in services to the residents of Santa Paula, the Santa Paula Water Department provided drinking water for free to anyone who came to the distribution site.

The City mobilized resources to ensure the public was aware of the notice, utilizing the City website, social media accounts, and VC Alert. Through a combined effort of staff and volunteers, the City set up a water distribution site to the rear of the Community Center, 532 Main Street. The City Water Department filled containers with water for seventeen hours between June 24 and June 25, 2024. This was provided free of charge to anyone who came in order to ensure residents had clean drinking water.

Ventura County Environmental Health, with this directive in mind, reached out to local businesses in the affected area and required they stop serving food and beverages, until the water safety could be determined.

Simultaneously, City Staff worked tirelessly to investigate and begin the steps to restore the water reservoir to working conditions. The Police Department investigated the water reservoir to determine what happened, while the Water Division tested and submitted samples to diagnose the water viability. Public Works in conjunction with the Water Division worked together to drain the water reservoir, following the steps to re-establish the reservoir.

Complications occurred during this process causing flooding in the City. Due to limitations and exhaustion of resources, an outside company was requested to assist. Upon removal of 182
debris, cleaning the water tank, and testing to ensure the tank is ready to hold water, the water reservoir will be filled and viable for use.

ANALYSIS:

The “Do Not Drink the Water” order caused disruption to the public’s activities, including sustained impacts to the public welfare, the local economy, and city resources. Upon declaration of a local emergency the Santa Paula Municipal Code 34.12 states:

34.12 EXPENDITURES.

Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Paula.

Under the California Emergency Services Act (Gov’t Code (“GC”) Sec. 8550 st seq.) and City law, a declaration of local emergency provides certain emergency powers and authorities to the City. Among those powers are that the Director of Emergency Services may promulgate orders and regulations necessary to provide for the protection of life and property. The DES can further provide and receive mutual aid to any affected area in accordance with the law (GC Sec. 8631). This local declaration of emergency is also a recommended step in potentially seeking intergovernmental mutual aid, reimbursement, and other assistance.

Additionally, once a local emergency has been declared, cities have immunity against claims for the performance or failure to perform any discretionary function or duty by an agency, officer, or employee in carrying out duties under the Emergency Services Act (GC Sec. 866).

STRATEGIC PLAN:

While this emergency declaration is not anticipated in the City's Strategic Plan, it is consistent with Goal E: Public Safety & Emergency Preparedness in working to create an environment within the City in which our residents feel safe.

FISCAL IMPACTS:

Ratification of the emergency declaration has no direct fiscal impact. The incident creating the emergency caused the public, businesses, and the City harm, however, the City has little means of restitution or reimbursement for the costs associated with the response and restoration of this incident. The costs associated with this incident will be charged to the water fund, should the City Council declare this emergency, as the water was made available to, and for the benefit of, all residents.

OPTIONS:

The following alternatives are available to the City Council:

1. Do not adopt the attached resolution and provide alternative direction to staff.

ATTACHMENTS:
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City Manager Declaration of Emergency
Resolution 7531 Local Emergency - Reservoir Water.docx
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RESOLUTION NO. 7531

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA

RATIFYING THE PROCLAMATION OF LOCAL EMERGENCY BY THE CITY

MANAGER AND PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO BREACH OF CITY’S MAIN WATER RESERVOIR
The City Council of the City of Santa Paula resolves as follows:

SECTION 1: On June 24, 2024, an individual breached the City’s main water reservoir, potentially contaminating the drinking water supply to roughly half of the City’s residents; and
SECTION 2: California Government Code Section 8630 empowers the City Council to proclaim the existence or threatened existence of a Local Emergency when the City is affected or likely to be affected by a public calamity; and SECTION 3: Government Code Section 8634 empowers the City Council to promulgate orders and regulations to provide for the protection of life and property; and SECTION 4: Pursuant to Section 34.5 et seq. of the Santa Paula’s Municipal Code, the Director of Emergency Services (“DES”) declared the existence of a Local Emergency, and requested that the City ratify and proclaim the same; and SECTION 5: The aforesaid and existing conditions of extreme peril warrant and necessitate the confirmation of the DES’s proclamation of a Local Emergency.

SECTION 6: The recitals above are true and correct.

SECTION 7: The City Council of the City of Santa Paula hereby confirms the proclamation of a state of Local Emergency in the City of Santa Paula, pursuant to California Government Code Section 8630 and all other applicable law.

SECTION 8: During the existence of this Local Emergency, the powers, functions and duties of the Director of Emergency Services shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Santa Paula, this resolution and any subsequent emergency orders of the City Council, and any other local, state, or federal laws providing powers, immunities, or duties in such emergency.

SECTION 9: To the extent permitted by law, City goods and services procurement requirements are stayed during this Local Emergency to procure and respond to the Local Emergency, and the Director of Emergency Services is empowered to exercise all powers granted by any local, state, or federal emergency laws, rules, and regulations, and such procurements made by the DES are hereby ratified.

SECTION 10: To the extent permitted by law, this declaration of a Local Emergency is intended to satisfy any local, state, or federal law or regulation requiring such a declaration 186
as a prerequisite or requirement for mutual assistance, reimbursement or other cooperation with any other local, state, or federal entity; this declaration of Local Emergency also hereby activates any and all existing City Emergency Plans, and authorizes the DES to amend such plans in writing as necessary.

SECTION 11: The Director of Emergency Services was delegated by the City Council through Santa Paula Municipal Code Section 34.5 et. seq., and such delegation is further confirmed and continued by this Resolution, the power to promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations to preserve the public order and safety, per Government Code Sec. 8634.

SECTION 12: This Local Emergency shall be reviewed by the City Council within 60 days from adoption and continue until it is terminated by proclamation of the City Council.

Pursuant to Section 8630 of the Government Code, the City Council shall proclaim the termination of a local emergency at the earliest possible date that conditions warrant.

SECTION 13: The City Clerk is directed to place on a future meeting agenda, for City Council’s consideration, termination of this Local Emergency no later than 60 days from the date this Resolution is adopted.

SECTION 14: The City Clerk shall certify to the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the City Clerk.

PASSED AND ADOPTED by the City Council of the City of Santa Paula this 2nd day of July, 2024.
_______________________________
Leslie Cornejo, Mayor
ATTEST:
_________________________
Julie Latshaw, CMC, City Clerk
APPROVED AS TO FORM:
________________________
Monica Castillo, City Attorney
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To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject: ORDINANCE AMENDING SPMC CHAPTER 124 RELATING TO DINING

ENTERTAINMENT PERMITS IN THE COMMERCIAL BUSINESS

DISTRICT ZONE
Date: July 2, 2024
Agenda Item: 11.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends the City Council:

1. Introduce and waive first reading of Ordinance No. 1339, entitled, "An Ordinance of the City of Santa Paula Amending Chapter 124 of the Santa Paula Municipal Code Relating to Dining Entertainment Permits in the Commercial Business District Zone".

Presented by: James Mason, Community Development Director BACKGROUND:

In accordance with Santa Paula Municipal Code Chapter 124, Dining Entertainment Permit, the city requires an active dining entertainment permit for businesses to offer live entertainment that includes amplified music within their establishment. This permit process is exclusively for businesses within the Commercial Business District ("CBD") (Attachment B).

This area is designated “Arts & Culture” districts in the Downtown Specific Plan, home to retail, entertainment and dining. Many buildings have been remodeled with patio spaces, open doors and windows, and outdoor seating.

Businesses within the CBD zone are currently required to apply for a Dining Entertainment Permit in order to provide amplified music or entertainment. (SPMC 16.15.020.) In recent months, city staff has been approached by multiple business requesting a more predictable, timely and affordable process for applying for dining entertainment permits.

ANALYSIS:

The City aims to support the area as an entertainment destination while mitigating potential impacts on businesses and residential neighborhoods.

Based on requests from local businesses and Council direction, staff proposes an ordinance (Attachment A) to amend SPMC Chapter 124 to clarify and update regulations for dining entertainment permits, including the use of amplified outdoor or semi-outdoor entertainment, 188
within the Commercial Business District with these provisions:

1. Allowable Locations: Amplified entertainment is permitted exclusively in the Commercial Business District.

2. Number of Performers: Eliminate the restriction limiting the number of performers.

3. Location Restrictions: Limited to ground level and approved patio areas.

4. Time Limits for Amplified Entertainment:

Monday to Thursday: 5:00 pm to 9:00 pm
Friday: 5:00 pm to 10:00 pm
Saturday: Noon to 10:00 pm
Sunday: Noon to 9:00 pm
Extended hours on holidays may be approved by the City Manager or designee with a written request at least ten business days in advance.

5. Enforcement Policy: Progressive enforcement for noise complaints, with escalating actions up to a 12-month suspension of the live entertainment permit after six valid complaints. Prior to applying, the Dining Entertainment Permit Package provides the business with the applicable municipal code, application instructions, exemptions to the permit requirement, Santa Paula Police Department background check form and answers to frequently asked questions.

6. Proposed Application Process: If a business would like to offer Cafe entertainment as defined above, they are required to hold an active dining entertainment permit.

Application should be submitted 45 days prior to start of any entertainment, effective date for a change in class (permit type) or applied condition, and/or sale of ownership in the business equal to or greater than 10%. The live entertainment permit package includes:

A completed and signed Dining Entertainment Permit Application, Floor plan where the live entertainment will take place.* ( *Amplified live entertainment outdoors/semi-outdoors is limited to designated planning districts/areas; outdoor entertainment is only allowed in permitted patio areas.) Copy of ABC license, if alcohol will be served
Completed Santa Paula Police Department miscellaneous information sheet for all business partners owning 10% or more of the company, and current manager.

List of current employees including licensee, managers and servers and copies of their Responsible Beverage Sales and Service Certificates if alcohol will be served.

FUTURE AMENDMENTS TO ACTIVE DINING ENTERTAINMENT PERMIT Once a business has acquired a Dining Entertainment Permit if they would like to request an amendment to that permit, they will be required to submit the Dining Entertainment Amendment application and the following information.

Completed and signed “Request for Amendment to Dining Entertainment Permit”.

Floor plan (if requesting to add amplification and/or dancing) Miscellaneous information sheet (for any new managers or owners)

AMENDMENT & CONFORMITY
The City’s current process for permitting for live entertainment has requirements that involve staff resources that can be better adjusted to require the applicant to meet specific criteria and 189
notification requirements to attain a permit and maintain compliance. The recommended amendments will require the applicant/business to complete public outreach and maintain compliance with SPMC Chapter 124 (Dining and Entertainment Permit), Chapter 94 (Noise), Chapter 16.58 (Alcohol Sales) and Chapter 16.15.030(C) (Land Use in the Central Business District.)
The proposed amendment was reviewed by the City’s Planning Division for, in part, consistency with the General Plan and conformity with the Santa Paula Municipal Code.

Those findings of consistency are incorporated in Section 2 General Plan and Development Objectives and Section 3 Development Code Amendments of Resolution No. 3860 (Attachment A).

PUBLIC NOTIFICATION
A notice was posted in the Santa Paula Times on Friday, May 17, 2024 in accordance with Brown Act requirements.

ENVIRONMENTAL/CEQA
Staff has determined that the City’s amendment to Chapter 124 of the SPMC pertaining to the permitting of cafe entertainment in the Central Business District will not result in an indirect nor direct physical change to the environment, and that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(c)(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) and 15378 (the activity is not a project under CEQA) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 4, because it has no potential for resulting in physical change to the environment, directly or indirectly.

STRATEGIC PLAN:

B. Economic Development Goal: Enhance the economic vitality of the community through measures targeted towards development and business retention and expansion and attraction, resulting in diverse housing options, increased revenue generation, job creation, and a business-friendly community.

The proposed ordinance amendment will allow greater flexibility for downtown businesses wanting to provide live music and entertainment fostering an environment that will help retain and attract businesses; and as a result will increased revenue generation, job creation, and a business-friendly community.

FISCAL IMPACTS:

Based on historical application history there are no foreseeable fiscal impacts In addition, the $1,300 permit deposit defined by the City-approved fee schedule will not be modified.

OPTIONS:

The City Council may consider the following options:
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1. Direct staff to further revise proposed Ordinance No. 1339 and re-introduce the revised ordinance at a future regular meeting.

ATTACHMENTS:

ATTACHMENT A ORDINANCE NO. 1339 CODE AMENDMENT Cafe Entertainment (SPMC Chapter 124).docx
ATTACHMENT B COMMERCIAL BUSINESS DISTRICT MAP.docx
ATTACHMENT C Dining Entertainment Permit Package (draft) jm1.docx ATTACHMENT D Dining Entertainment Permit Package Amendment (draft) jm1.docx 191
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ATTACHMENT A
ORDINANCE NO. 1339
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ORDINANCE NO. 1339
AN ORDINANCE OF THE CITY OF SANTA PAULA AMENDING CHAPTER 124

OF THE SANTA PAULA MUNICIPAL CODE RELATING TO DINING

ENTERTAINMENT PERMITS IN THE COMMERCIAL BUSINESS DISTRICT ZONE
The City Council of the City of Santa Paula does ordain as follows:

SECTION 1: Recitals.

A. Chapter 124 of the Santa Paula Municipal Code, Dining Entertainment Permit, establishes uniform regulations for dining entertainment and outdoor dining within the public right-of-way in areas zoned Commercial Business District (CBD).

B. In recent months, Planning staff has received multiple requests from businesses for more predictable, timely and affordable process for applying for dining entertainment permits.

C. Based on these requests, staff proposes amendments to the dining entertainment permit requirements (e.g. change of ownership, hours of operations, limited to ground floor and patio areas), public notification requirements, and exemptions.

D. The City Planning Division reviewed the proposed ordinance amendments’ environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated there under (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines (“Santa Paula Guidelines”; CEQA, CEQA Guidelines and Santa Paula Guidelines collectively referred to as “CEQA Regulations”).

SECTION 2: Environmental Assessment. The proposed code amendment is statutorily exempt from CEQA, pursuant to the Santa Paula Guidelines, CEQA Guidelines, § 15378(a), and Public Resources Code § 21065, because it is not a “project”. CEQA defines "project" as "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." The proposed code amendment does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, as the amendment does not call for any change in the existing environmental conditions within the City. In addition, the proposed ordinance is categorically exempt from CEQA under CEQA Guidelines, § 15301, Class 1 (Existing Facilities), because it involves negligible or no expansion of existing uses by dining establishments in CBD-zoned areas.
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SECTION 3: Code Amendments. Santa Paula Municipal Code Chapter 124, Dining Entertainment Permits, is hereby amended as shown in the attached Exhibit “A,” which is incorporated into this Ordinance by reference.

SECTION 4: Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Santa Paula Municipal Code.

SECTION 5: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6: The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED AND ADOPTED this ____ day of ________ 2024.
________________________________
Leslie Cornejo, Mayor
ATTEST:

Julie Latshaw, City Clerk, CMC
APPROVED AS TO FORM:

Monica Castillo, City Attorney
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EXHIBIT A

DRAFT CODE TEXT AMENDMENT
(red font indicates additions, stricken text indicates deletions) CHAPTER 124: DINING ENTERTAINMENT PERMIT
Section
124.01 Purpose
124.02 Definitions
124.03 Applicability
124.04 One-stop permitting
124.05 Administration by Director
124.06 Permit required
124.07 Nature of the permit
124.08 Fees
124.09 Limitations on outdoor dining permits
124.10 Issuing permits
124.11 Permit denial
124.12 Application for permit
124.13 Review by city departments
124.14 Time for review
124.15 General permit conditions
124.16 Special permit conditions
124.17 Subsequent conditions
124.18 Change in application information
124.19 Permit modification, suspension, revocation
124.20 Emergency suspension of permit
124.21 Notices
124.22 Administrative review
124.23 Public Notification
124.23 Exemptions
§ 124.01 PURPOSE.

This chapter is adopted in accordance with California Constitution Article XI, § 7, for the purpose of establishing uniform regulations for allowing dining entertainment within the central commercial business district zone and outdoor dining within the public right-of-way of that zone.

The city's intent in adopting this chapter is to establish reasonable restrictions on the ability for restaurants to engage in dining entertainment and use the public right-of-ways to promote the public welfare while still protecting public health and safety. § 124.02 DEFINITIONS.

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:

DINING ENTERTAINMENT means any live entertainment presented at a sit-down restaurant, where fewer than four individuals provide such entertainment and when the dining 195
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entertainment is incidental to the primary use of the premises. Examples of dining entertainment include presentations, acts, reading, performance, musical rendition, or recitation, when the dining entertainment is intended to divert, amuse, explain, focus, or attract the attention of persons observing such activity. Such entertainment may be provided free of charge or for a fee on a regularly scheduled daily, weekly, or monthly basis CITY MANAGER means the City Manager or designee.

DIRECTOR means the City of Santa Paula's Planning Director, or designee.

EXTRAORDINARY LAW ENFORCEMENT OR PUBLIC SAFETY SERVICES mean city services that require more than two police units to adequately respond to a situation, or that are beyond the course and scope of the services routinely provided to other businesses and citizens, and stretch the resources of the responding agency beyond those normally available for response.

OUTDOOR DINING means areas located on public property used by sit-down restaurants for dining purposes and approved for such use by the city as set forth in this chapter.

PERMITTEE means a person or entity to which the city issues a permit pursuant to this chapter.
§ 124.03 APPLICABILITY.

This chapter applies to sit-down restaurants in the commercial business district zone (CBD) (see SPMC § 16.15.020, Table 15-1) seeking to provide dining entertainment, outdoor dining, or both.
§ 124.04 ONE-STOP PERMITTING.

Persons who obtain a permit pursuant to this chapter are not also required to obtain, for dining entertainment, an entertainment permit or, for outdoor dining, an encroachment permit under this code.
§ 124.05 ADMINISTRATION BY DIRECTOR.

The Director will receive applications, issue and revoke permits, and otherwise implement this chapter according to the procedures set forth below.
§ 124.06 PERMIT REQUIRED.
(A) It is unlawful for any person to conduct, sponsor, or knowingly participate in any dining entertainment without a valid permit issued pursuant to this chapter. (B) It is unlawful for any person to allow, cause, or engage in outdoor dining without a valid permit issued pursuant to this chapter.
§ 124.07 NATURE OF THE PERMIT.

Permits issued pursuant to this chapter are subject to the following limitations:
(A) Permits are personal to the applicant, not to the premises upon which the entertainment is conducted. No other individual may conduct entertainment under the authority of a license issued to another. For purposes of this chapter, a permit is not deemed transferred or assigned if the permittee is a corporation or partnership which remains under the control of the same individual or individuals who controlled it at the time the permit was approved; (B) Permits cannot be transferred or assigned;
(C) No property rights are conferred to the permittee;
(D) There is no right of renewal; and
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(E) Permits are specific to the location for which it is applied. A new permit must be obtained in the event there is a relocation of the permitted activity, a change of ownership of more than 10% or a major alteration to the existing facility.
§ 124.08 FEES.

Except as otherwise provided by federal, state, or local laws, or other City Council authorized restrictions, all fees applicable to this chapter including, without limitation, fees for using public property, will be established by City Council resolution. § 124.09 LIMITATIONS ON OUTDOOR DINING PERMITS.
(A) Permits cannot be issued for outdoor dining in a street or alley. (B) To provide for adequate pedestrian circulation, outdoor dining must maintain a minimum of four feet of clearance between dining furnishings and any curbline, street furniture, or above ground utilities. A minimum of 50 feet of clearance must be maintained between dining furnishings and the centerline of intersecting perpendicular driveways, alleys or streets to provide for adequate vehicle sight, unless a lesser distance is determined by the Director to be adequate for the protection of the public safety.
(C) Tables and chairs used for outdoor dining must be of substantial materials. Tables may be a maximum of three feet in diameter if round and three feet along the longest side if rectilinear.

All such furnishings must be stored indoors after hours of operation unless otherwise determined by the Director.
(D) Mono-colored umbrellas, without lettering, may also be permitted by the Director. (E) No outdoor dining, including furnishings and signs, may block visibility of display windows or signage of adjacent businesses unless written consent of any affected adjacent business owner to block visibility is obtained by the applicant and provided to the Director. (F) The permittee must maintain the outdoor dining area in a clean and safe condition at all times, including properly disposing of all trash generated by the operation. (G) The city may charge a rental fee for use of public property. (H) Dining entertainment is limited to ground level and approved patio areas. § 124.10 ISSUING PERMITS.
(A) The Director must issue a permit if:
(1) The application was complete in accordance with this chapter; (2) There are no grounds for denying the permit; and
(3) The applicant accepts the permit approval or conditional approval in writing. (B) Use of any permit issued pursuant to this chapter must conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the Director to protect public safety or welfare. § 124.11 PERMIT DENIAL.

A permit may be denied for the following reasons:
(A) The application is incomplete;
(B) The applicant failed to provide reasonable supplemental application information requested by the Director;
(C) Information submitted by the applicant is materially false; 197
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(D) The application is submitted by a person with a suspended permit or whose permit was revoked;
(E) The location of the proposed dining entertainment or outdoor dining does not conform to the requirements of this chapter;
(F) The application seeks authorization for dining entertainment or outdoor dining that is prohibited by this code or unlawful under any other local, state, or federal law; or (G) Issuing the permit would endanger public health, safety, or welfare as determined by the Director.
§ 124.12 APPLICATION FOR PERMIT.
(A) Permit applications must be filed by a natural person. (B) Permit applications must be in a form prescribed by the Director and, for all permits, will contain all of the following information:
(1) The name, mailing address, and daytime and evening telephone numbers of the person filing the application;
(2) If the permit is obtained on behalf of an organization, the name, mailing address, and daytime telephone number of the organization; and if requested by the Director, written documentation of the authority under which the applicant is applying for the permit on behalf of the organization; and
(3) The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable. (C) For dining entertainment permits:
(1) The nature of the dining entertainment;
(2) Whether any sound amplification may be used during the entertainment; (3) Estimated starting and ending times for the dining entertainment; (4) A diagram drawn to scale and dimensioned showing location of the performance area on the premises with all seating and a list of equipment or instruments to be used in the performance;
(5) The estimated number of participants in the dining entertainment; (6) Parking requirements for the dining entertainment; and (7) Such other information as may be required.
(D) For outdoor dining permits:
(1) A diagram drawn to scale and dimensioned showing the proposed location of the outdoor dining with all seating and signage;
(2) A graphical depiction, such as sample photographs, depicting the appearance of the chairs, tables, and other equipment proposed to be used in the outdoor dining area; and (3) The proposed days and times of operating the outdoor dining area. § 124.13 REVIEW BY CITY DEPARTMENTS.
(A) After an application is filed, the Director will immediately forward the application to the following city departments for review:
(1) The Fire Department;
(2) The Police Department;
(3) Building and Safety Department; and
(4) The Public Works Department.
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(B) Upon receiving an application, these departments will consider the application, conduct any necessary investigation, and provide the Director with written recommendations regarding:
(1) Any special conditions for a permit; and
(2) Any additional recommendations.
(C) The reviewing officers must complete their review within the time that the Director must make a decision on the application.
§ 124.14 TIME FOR REVIEW.
(A) Except as provided in this chapter, completed applications for a permit authorizing an event will be denied, approved, or conditionally approved by the Director within 21 business days after receiving the completed application.
(B) Unless otherwise provided, the applicant's acceptance of the approval or conditional approval must be received by the Director within five business days after the applicant was served with notification of the decision and before any dining entertainment or outdoor dining may occur.
§ 124.15 GENERAL PERMIT CONDITIONS.
(A) Unless suspended or revoked, permits issued pursuant to this chapter have a term of one year. Permits are automatically renewed on the anniversary date of being issued for an additional one-year term so long as all material information regarding the permittee remains unchanged.

Should a permit expire, the permittee must comply with this chapter to obtain a new permit. (B) Permittees must enter into a hold harmless agreement, in a form approved by the City Attorney, with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from a permit issued pursuant to this chapter. (C) Insurance requirements. Permittees must obtain liability insurance from an insurance company licensed to do business in the state and having a financial rating in Best's Insurance Guide of not less than "A VII." Such insurance will provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. For outdoor dining, such insurance must be in a minimum amount of $1,000,000. Insurance will name the city and the city's elected and appointed officials, officers, and employees as additional insureds under the coverage afforded. In addition, such insurance will be primary and noncontributing with respect to any other insurance available to the city and will include a severability of interest (cross-liability) clause. If alcoholic beverages are sold or served during dining entertainment, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000.
(D) Certificates of insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city's risk manager, must be filed with the Director not less than five business days, except as otherwise provided in this chapter, before the date of the event unless the Director for good cause waives the filing deadline. (E) Permittees must attempt to notify all affected persons, by any reasonable means, regarding the nature, date, and time of dining entertainment as specified by the Director. Failure of the permittee to give such notice will not invalidate a permit. § 124.16 SPECIAL PERMIT CONDITIONS.
(A) Grounds for special permit conditions. The Director may condition a permit with reasonable requirements to protect public health, safety, and welfare. 199
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(B) Conditions may include, without limitation, the following:
(1) Accommodating pedestrian and vehicular traffic;
(2) Use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of dining entertainment (3) Time Limits for Amplified Entertainment:
o Monday to Thursday: 5:00 pm to 9:00 pm
o Friday: 5:00 pm to 10:00 pm
o Saturday: Noon to 10:00 pm
o Sunday: Noon to 9:00 pm
o Extended hours on holidays may be approved by the City Manager or designee with a written request at least ten business days in advance. (4) Obtaining of any and all business licenses required by this code for the sale of food, beverage or other goods or services; and
(5) The manner of which alcohol sales and service, if any, will be conducted. § 124.17 SUBSEQUENT CONDITIONS.

The Director may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable.
§ 124.18 CHANGE IN APPLICATION INFORMATION.
(A) Whenever any change occurs in the information contained in the permit, the permittee must give the Director written notice of the change within 30 days of the date that the change becomes effective.
(B) If a permittee fails to give the Director timely written notice of a change in the information contained in the application, the Director may charge the permittee an additional administrative fee.
§ 124.19 PERMIT MODIFICATION, SUSPENSION, REVOCATION.
(A) The Director may modify, suspend, or revoke a permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable. (B) The Director may modify, suspend, or revoke a permit when the permittee, dining entertainment, or outdoor dining violates the permit's terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that the Director will not revoke a permit without warning the permittee and allowing him or her to correct the violation(s) within a reasonable time.
(C) The Director may modify, suspend, or revoke a permit when extraordinary law enforcement or public safety services were required as a result of the permit activities to the extent that they create an unreasonable burden on the city. (D) Progressive enforcement for noise complaints, with escalating actions up to a 12-month suspension of the cafe entertainment permit after six valid complaints. § 124.20 EMERGENCY SUSPENSION OF PERMIT.

The Director and any sworn public safety officer may temporarily suspend a permit whenever there is an emergency that requires such action to protect public safety. 200
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§ 124.21 NOTICES.
(A) Where the provisions of this chapter require that an applicant or permittee be served with notice, such notice will be deemed served when personally delivered to such applicant or permittee or when deposited in the first class U.S. Mail, addressed to such applicant or permittee at the applicant's or permittee's last known address.
(B) Unless otherwise provided, written notification to a permittee or applicant of a permit decision will state with particularity the basis for such decision. § 124.22 ADMINISTRATIVE REVIEW.
(A) Except as otherwise provided, an applicant may request administrative review of the Director's decision pursuant to this chapter.
(B) Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the Director's decision is served on the applicant or permittee.
(C) If request is untimely, the Director may, nevertheless, extend the time for commencing such review for good cause shown.
(D) A request for administrative review must be on a form provided by the Director and contain the following information:
(1) The name, address and telephone number of the person making the request; (2) A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; (3) A brief description of all grounds for making the request; and (4) Such other information as may be required by the Director. (E) Upon request for administrative review being filed, the Director will provide a copy of the notice to the City Manager within two business days.
(F) Upon receiving a request for review from the Director, the City Manager will review the request and, within ten days of receiving the request notice, provide the appellant with a written notification that:
(1) The Director's decision is affirmed;
(2) The Director's decision is modified;
(3) The Director's decision is reversed and a permit is issued or issued without special conditions.
(G) The City Manager may, but is not required to, conduct a hearing at a time and place determined at the City Manager's sole discretion.
(H) In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the Director's decision.
(I) The City Manager's decision is final. There is no right to a City Council appeal. § 124.23 PUBLIC NOTIFICATION.
(A) All adjacent neighbors (adjacent property lines) must be contacted by the applicant regarding the applicant's intended use of live entertainment. § 124.24 EXEMPTIONS.

The following types of entertainment and entertainment establishments are EXEMPT from the permit requirements:
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(A) Entertainment authorized through a Special Event or Park Event permit. (B) Entertainment held at a City-owned facility (authorized pursuant to a contract). (C) Entertainment sponsored by:

1. The City of Santa Paula,

2. The County of Ventura,

3. Various Boards of Education,

4. Any political subdivision of the State of California, or

5. A Charter School's educational or instructional program. (D) Entertainment provided by:

1. Radio,

2. Music recording machine,

3. Juke box,

4. Television,

5. Video games,

6. Video programs, or

7. Recorded music (unless to be used for dancing or karaoke). (E) Entertainment provided by private clubs.
(F) Entertainment provided at private residences.
(G)Entertainment provided by non-profit organizations with current Internal Revenue Code Section 501(c)(3) status.
(H)Entertainment held in theaters.
(I) Entertainment provided through dance lessons, theatrical and performing arts lessons. (J) Entertainment provided through book readings, book signings, poetry recitations, and any other entertainment consisting of spoken words, including plays. (K)Entertainment provided at fundraisers for political causes. 202

ATTACHMENT B

CENTRAL BUSINESS DISTRICT MAP
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1 INSTRUCTIONS FOR DINING ENTERTAINMENT PERMIT APPLICATION Background

1. Applicant must obtain a valid permit prior to offering any dining entertainment to the public.

Please review the list of EXEMPTIONS listed on page 3

2. Annual Permit Deposit is $1,300 and Permit Types consist of:

Permit Type Alcohol Amplification Dancing
1 No No No
1A Yes No No
2 No Yes No
2A Yes Yes No
3 No Yes Yes
3A Yes Yes Yes

3. Complete application and submit 45-days prior to:
a. Start of any entertainment
b. Effective date for a change in Class (permit type) or applied conditions
c. Sale of ownership in the business equal to or greater than 10% Application

4. Business Information
a. If corporation, the person authorized to bind corporation may sign up with proof of Board’s action authorizing that person a signatory on behalf of the corporation.
b. If alcohol is offered in the business, please provide a copy of the ABC License OR the ABC License number.

5. Property Owner
a. Property owner (landlord) must approve applicant’s intended use of dining entertainment or, if not, determine conditions that the property owner might find acceptable upon which to agree to use.

6. Business Owners
a. Each owner with a 10% or greater ownership in business must complete the Miscellaneous information sheet
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2 7. Adjacent Neighbor Notification
a. All adjacent neighbors (next door) must be contacted by the applicant regarding the applicant's intended use of dining entertainment

8. License Type
a. Determine three characteristics of establishment and entertainment sought:
i. Is alcohol being served
ii. Is amplification (microphone) desired
iii. Is dancing desired
b. Check appropriate Type of permit requested

9. Sign application under penalty of perjury.

10. Submit the following documents to Community and Economic Development Department, via hand delivery or mail (970 Ventura Street, Santa Paula, CA 93061) or via email to [email protected] Permit fee (varies) and Santa Paula Police Department background investigation fee ($50) must be paid prior to issuance of permit.

Process

11. Application will be submitted to Santa Paula Police Department for 30-day background investigation.

12. After Santa Paula Police Department investigation, the Community and Economic Development Director or designee will conduct review of application and consult with appropriate parties to determine assignment of conditions warranting approval of application OR will deny application based upon results of application review.
a. If approved with conditions, applicant may submit written request for additional Community and Economic Development Director or designee review if applicant has objection(s) to any assigned conditional Instructions for Dining Entertainment Application i. Written request for review must be filed with the City Clerk within 10 days of date of approval, and must list specific conditions which are objected to in addition to arguments why those conditions should not be imposed.
ii. Community and Economic Development Director or
designee will respond to objection in writing.
b. If denied, applicant has the right to appeal to the City Council. i. Written request for appeal must be filed with the City Clerk within 10 days from the date of denial.
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3 Exemptions
The following types of entertainment and entertainment establishments are EXEMPT from the permit requirements:

1. Entertainment authorized through a Special Event or Park Event permit.

2. Entertainment held at a City-owned facility (authorized pursuant to a contract).

3. Entertainment sponsored by:
a. The City of Santa Paula
b. The County of Ventura
c. Various Boards of Education
d. Any political subdivision of the State of California e. A Charter School's educational or instructional program

4. Entertainment provided by:
a. Radio
b. Music recording machine
c. Juke box
d. Television
e. Video games
f. Video programs
g. Recorded music (unless to be used for dancing or karaoke

5. Entertainment provided by private clubs

6. Entertainment provided at private residences

7. Entertainment provided by non-profit organizations which are exempt from Internal

8. Revenue Code Section 501(c)(3)

9. Entertainment held in theaters

10. Entertainment provided through dance lessons, theatrical and performing arts lessons

11. Entertainment provided through book readings, book signings, poetry recitations, and any other entertainment consisting of spoken words, including plays

12. Entertainment provided at fund raisers for political causes 207
4 Application for Dining Entertainment Permit
(Santa Paula Municipal Code Chapter 124)
If applicant is a partnership, corporation, or LLC, names of all owners, partners, directors, trustees, etc., with at least a 10% ownership must be shown.

Check one: Single ownership □ Partnership □ Corporation □ LLC □ If other than single ownership, state name of entity:

Business Information:

Name: ___________________Phone: _________________
Address: ____________________________________________________________________ Days and Hours of Operation: ___________________________________________________ Other Business Licenses in Santa Paula____________________________________________ Please describe the nature of the business or principal activities conducted on the premises for which dining entertainment is requested:
____________________________________________________________________________________ ____________________________________________________________________________________ Type of Entertainment:

Describe the type of entertainment proposed:

Square Footage of the area in which the café entertainment activity will occur? _____________ (Please attach a floor plan to this application; identify where the dining entertainment will occur.) What is the maximum capacity of the room(s) where dining entertainment will occur? Amplification (microphone)? Yes □ No □
Will there be dining entertainment outdoors or semi-outdoors (windows and doors open)*? Yes □ No □
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5 * Amplified café entertainment outdoors/semi-outdoors is limited to the central Business District; outdoor entertainment is only allowed in permitted patio areas If so, please describe and attach a floor plan showing the area:

Dancing*? Yes □ No □
* The business must have a minimum 10 x 10 designated area for dancing Size of dance floor? ______________________ (Please ensure the dance floor is shown on the floor plan) Days and times when dining entertainment will be provided? Please indicated all preferred days and times requested
Monday: __________________________
Tuesday: __________________________
Wednesday: ________________________
Thursday: __________________________
Friday: ____________________________
Saturday___________________________
Sunday: ___________________________
Will alcohol be served? Yes □ No □
If yes, do you have a current ABC license? Yes □ No□ Please attach a copy of the ABC license to the application OR provide the ABC License Application Number here: ____________________________
Has any owner, operator, or employee been issued a criminal or administrative citation for violating alcoholic beverage control or any other law that is currently awaiting legal or ABC administrative action? If so, please explain:
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Manager of Venue or Program: (Must complete Misc. Info. Sheet for Sheriff’s Department) Name: Phone:

Address:

List Business Owners (with 10%+ share of ownership): (Must complete Miscellaneous Information Sheet for each owner for Santa Paula Police Department.) If business owner is a corporation, Limited Liability Company, or partnership, list all officers or partners. If additional owners, please add attachment.

Name: Phone:

Address:

Name: Phone:

Address:

Name: Phone:

Address:

Name: Phone:

Address:

Name: Phone:

Address:

Please list all misdemeanor or felony offense(s) resulting in conviction or plea of nolo contendere within the past ten years:

Date Place/ Agency Charge Disposition
_______________________________________________________________________________________ _______________________________________________________________________________________ Period of residence in Santa Paula
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Property Owner:

Name: Phone:

Address: _____________________________________________________________________ Approval for entertainment: Yes □ No □
Adjacent Neighbor Support of Entertainment (attach additional sheets if necessary):

Business Name: Phone:

Address:

Support for entertainment: Yes □ No □
Name and title of person spoken to: ________________________________________________ Business Name: Phone:

Address:

Support for entertainment: Yes □ No □
Name and title of person spoken to: ________________________________________________ Business Name: Phone:

Address:

Support for entertainment: Yes □ No □
Name and title of person spoken to: ________________________________________________ Business Name: Phone:

Address:

Support for entertainment: Yes □ No □
Name and title of person spoken to: ________________________________________________ 211
Permit Type Requested (check box next to permit type/ Annual Permit Deposit is $1,300):

Permit Type Alcohol Amplification Dancing
1 No No No
1A Yes No No
2 No Yes No
2A Yes Yes No
3 Yes Yes Yes
Responsible Beverage Sales and Service
In accordance with SPMC §16.58, Alcoholic Beverages – Responsible Beverage Sales and Service, the licensee, manager, and servers must complete Responsible Beverage Sales and Service (RBSS) Training every three years. To verify compliance, please submit a list of all employees as well as a copy of their RBSS certification.

Under penalty of perjury, I swear that the foregoing statements are true and accurate to the best of my knowledge. Any false or misleading responses to any of the questions are grounds for denial of a café entertainment permit.

Date Signature of Applicant
Dining entertainment permits are valid for a period of 12-months and payable in advance.

One $20.00 Livescan investigation fee will be added to the invoice for the dining entertainment permit.

Submission information
Submit the following documents to Community and Economic Development Department, via hand delivery or mail (970 Ventura Street, Santa Paula, CA 93061) or via email to [email protected] • Completed and signed application
• Floor plan
• Copy of ABC license (if number not included in application), if alcohol will be served • Completed Santa Paula Police Department Miscellaneous Information Sheet for all business partners owning 10% or more of the company and manager
• List of employees and copies of Responsible Beverage Sales and Service certificates (for licensee, managers, and servers), if alcohol will be served
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MISCELLANEOUS INFORMATION SHEET FOR THE CITY OF SANTA

PAULA POLICE DEPARTMENT
PLEASE PRINT DATE: __________NAME: ________________________________________ (Last) (First) (MI)
OTHER NAMES ____________________________
(or Maiden)
CALIF DRIVER’S LICENSE NO.___________________ SOCIAL SECURITY NO._____________________ RESIDENCE PHONE ( ) ______________________BUSINESS PHONE ( )_______________________ SEX_____________RACE___________________________HEIGHT_____________WEIGHT____________ BIRTHDATE______________BIRTHPLACE_______________________CITIZENSHIP_________________ HOME ADDRESS_________________________________CITY_______________ZIP___________________ BUSINESS ADDRESS_________________________________________CITY ___________________ LIST PRIOR RESIDENCES FOR PAST FIVE (5) YEARS:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ARE YOU THE SOLE OWNER OF THIS BUSINESS? [ ] YES [ ] NO (If not, a Miscellaneous Identification Form must be completed by each partner and/or business associate and submitted along with this application)
OWNER OF PREMISES _____________________________________TELEPHONE ___________________ IN CASE OF EMERGENCY NOTIFY_______________________ RELATIONSHIP____________________ ADDRESS________________________________________________CITY____________________________ LIST ALL CHARGES RESULTING IN CONVICTION OR PLEA OF NOLO CONTENDERE WITHIN THE PAST FIVE (5) YEARS, EXCLUDING MISDEMEANOR TRAFFIC VIOLATIONS.

DATE PLACE/AGENCY CHARGE DISPOSITION
_________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ I declare under penalty of perjury that the foregoing is true and correct.

Executed on the _____ day of _______________20___, at _______________, California ________________________________________________________ (Signature of Applicant)
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□
□
□
Request for Amendment to Application for Dining Entertainment Permit (Santa Paula Municipal Code Chapter 124)
Business Information:

Name:

Address:

Contact name: Phone number:

Type of amendment sought (mark all that apply):

Add amplification (microphone)
Add outdoor or semi-outdoor (windows and doors open)* dining entertainment * Amplified dining entertainment outdoors/semi-outdoors is limited to designated planning districts/areas; outdoor entertainment is only allowed in permitted patio areas Please describe and provide a floor plan of the area: Describe the type of entertainment proposed:

Add dancing*
* The business must have a minimum 100 square foot area designated for dancing Size of dance floor?
Provide a floor plan showing the location of the dance floor. 215
□
□ □
□ □
□ □
Change days and/or times of dining entertainment to (list all, not just those that are changing):

Monday: Friday:

Tuesday: Saturday:

Wednesday: Sunday:

Thursday:

If requesting to add outdoor or semi-outdoor entertainment, please complete the following:

Property Owner:

Name: Phone:

Address:

Approval for outdoor/semi-outdoor entertainment: Yes No Adjacent Neighbor Support of Entertainment (attach additional sheets if needed): Business Name:

Phone:

Address:

Support outdoor/semi-outdoor entertainment: Yes No
Name and title of person spoke to:

Business Name: Phone:

Address:

Support outdoor/semi-outdoor entertainment: Yes No
Name and title of person spoke to:
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Ownership and Management:

Has there been any change in ownership or management since the time the current permit was issued? Yes No
If Yes, please list changes below. A Miscellaneous Information Sheet will need to be completed for each new member of the ownership group.

Under penalty of perjury, I swear that the foregoing statements are true and accurate to the best of my knowledge. Any false or misleading responses to any of the questions are grounds for denial of a dining entertainment permit.
________________________ ____________________________________________ Date Signature of Applicant
The addition of amplification or dancing will result in a fee equal to the amount of the difference of the current permit fee and the amended permit fee. Permit fees are listed below.

If additional background checks are required for new owners or managers, a $20.00 Santa Paula Police Department investigation fee will be charged.

Dining Entertainment Permit Type (annual deposit $1,300) Permit Type Alcohol Amplification Dancing
1 No No No
1A Yes No No
2 No Yes No
2A Yes Yes No
3 No Yes Yes
3A Yes Yes Yes
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To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: APPOINTMENT TO COMMISSIONS AND COMMITTEES
Date: July 2, 2024
Agenda Item: 11.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff Recommends that the City Council:

Appoint applicants to various Commissions and Committees.

Presented by: Julie Latshaw, City Clerk
BACKGROUND:

The City Clerk's office published the Vacancy Notices for all open positions on Commissions, Committees and Boards, in the Santa Paula Times and on the City website and social media during the months of April and June.

The City Council held applicant interviews on July 1, 2024 to fill the following:

Senior Advisory Committee to fill three vacancies. One partial term through September 6, 2025, and two full 2-year terms. Applicants: Veronica Biron-Stone and Ron Merson.

Staff recommends Council consider appointments. If both applicants are appointed, the City Clerk will continue to advertise to fill one additional opening.

Parks & Recreation Commission to fill one vacancy for a three-year term. Applicant:

Anna Varela (interviewed in April and is returning for the new open position), and new applicant Monique Vargas. Staff recommends Council consider appointment. If one applicant is appointed, this Committee will be filled.

The following are returning applicants. No other applications were received for the open positions below.

Santa Paula Housing Authority to fill one vacancy for a four-year term. Applicant:

Susana Willeford (returning applicant). Staff recommends Council consider reappointment. If applicant is appointed, this Committee will be filled.

Design Assistance/Historic Preservation Committee to fill one vacancy for a fouryear term. Applicant: Jason Herber (returning applicant). Staff recommends Council consider reappointment. If applicant is appointed, this Committee will be filled. 218
Mobile Home Rent Review to fill one vacancy for a two-year term. Applicant: Karen Harrison (returning applicant). Staff recommends Council consider reappointment. If the applicant is appointed, this committee will be filled.

ANALYSIS:

At this time the Council may choose to make appointments to fill Commission or Committee vacancies.

STRATEGIC PLAN:

Appointments to the Commissions, Committees and Boards described in this report, will support the following City Council Strategic Goal:

F: Community Vitality
Goal: Provide the residents of Santa Paula with sustainable resources and programs to make this a great place to live and grow.

FISCAL IMPACTS:

There are no associated fiscal impacts from this item.

OPTIONS:

City Council may also decline to appoint one or more applicants and direct staff to publish openings again for additional applicants. Any additional applicants could be interviewed in August or September 2024.

ATTACHMENTS:
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To: Honorable Mayor and Members of the City Council
From: Caesar Hernandez, Management Analyst
Subject: APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT (HCD) SEEKING A PROHOUSING

DESIGNATION BY THE STATE
Date: July 2, 2024
Agenda Item: 11.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends the City Council:

Adopt Resolution No. 7521, authorizing the City Manager’s designee to: 1) submit a Prohousing Designation Program application to the California Department of Housing and Community Development (HCD); and if the application is approved by HCD, 2) to execute all documents deemed necessary or appropriate to participate in the Prohousing Designation Program.

Presented By: Caesar Hernandez, Management Analyst
BACKGROUND:

On June 5th, 2024, Staff presented a Consent Item requesting that the City Council consider a Prohousing Designation Program application to the California Department of Housing and Community Development (HCD). After discussing the item, City Council determined that the item be continued to address Council's questions and provide clarification of the application process. Please note, the Prohousing Designation is not a competitive program, any jurisdiction that receives the necessary points and HCD approval will receive the designation.

Application and Scoring Process
There are four scoring categories to evaluate jurisdictions under the Prohousing Designation:

Category 1: Favorable Zoning and Land Use
Category 2: Acceleration of Housing Production Timeframes Category 3: Reduction of Construction and Development Costs Category 4: Providing Financial Subsidies
An additional Category titled “Enhancement Factors” allows a jurisdiction to receive extra points for each qualifying Prohousing Policy. For example, Enhancement Factor Category 4 is for “Policies that go beyond state law requirements in reducing displacement of lower income households and conserving existing housing stock that is affordable to lower income 220
households.” Each City policy that works to achieve the goals of Enhancement Factor Category 4 may receive an additional point. However, a policy may not be double counted: if a policy has received points under one category, it cannot receive points in another category.

In order to receive a Prohousing designation, a jurisdiction must receive a minimum of 30 points. Existing and proposed policies may receive points. Staff has done a preliminary assessment of existing policies and those proposed in the 6th Cycle Housing Element. The attached Preliminary Prohousing Score Sheet details each of the categories eligible for points.

Staff has calculated that the City of Santa Paula is likely to receive 32 points under the four Prohousing categories. Staff has done a full assessment of all policies that qualify for enhancement factors but is confident that the City qualifies for a minimum of three (3) Enhancement Factor points. The following table summarizes these calculations:

Category
Preliminary Prohousing
Scoring Calculations
Eligible
1 Favorable Zoning and Land Use 8
2 Acceleration of Housing
Production Timeframes
12 3 Reduction of Construction and
Development Costs
8 4 Providing Financial Subsidies 2
Enhancement Factors
Each Prohousing Policy will
receive extra points
enhancement factors in
accordance with the chart below.
(If multiple policies, multiple
points)
2+
TOTAL
30 Points Required for
Prohousing Designation
32 Councilmember Questions and Staff Responses (from 6/5/2024 CC Meeting) Prohousing Categories are in parenthesis:

Will the City lose any time if Staff would conduct further review? Per the HCD website, this is not is not a time sensitive application.
(Threshold Requirement). Does the City comply with the Seven (7) Principles of Addressing Encampments created by the United States Interagency Council on Homelessness (USICH)? Yes. Although the City does not have any encampments, the City has cooperated with other external agencies such as VCTC to address encampments located in the railroad corridor and the Ventura County Watershed Protection District (VCWPD) to address those located in Santa Paula Creek and the Santa Clara River. In October 2019, the City issued an Ordinance allowing Emergency Shelters in the Industrial zone. This permitted the Spirit at Harvard to be established at their present location. On behalf of the City, Spirit has provided outreach, shelter, case management, and storage to comply with the seven principles. (1F). Parking concerns: Prohousing Local Policies means policies that facilitate the planning, approval, or construction of housing. These policies include reduced parking requirements for sites that are zoned for residential development. 221
(Resolution). The attached Resolution includes an acknowledgment statement confirming that the City Council will refrain from enacting local laws or policies such as "local voter approval requirements related to housing production ." Council inferred that this statement may be in reference to the existing Save Open Space and Agricultural Resources (SOAR) initiative SOAR was adopted to protect Ventura County's agricultural, rural, and open space lands. This initiative has been very successful while allowing for reasonable residential development, allowing the County to meet its housing requirements under state law.
(2L). Status of projects is not included in the Cities Active Project map. Staff is revising the Active Project map to include a Status update.

Timeline
City Council is scheduled to consider a resolution authorizing submittal of the application at the July 2, 2024 meeting. Staff proposes to complete all required documentation and submit the application to HCD pending approval by council. Following submittal of the application, HCD has 60 days to provide comments. Application approval and designation as a Prohousing jurisdiction is dependent on the number of comments received and subsequent turn-around time from both the City and State. Pending approval, HCD promptly processes awards with a targeted timeframe of 30 days.

ANALYSIS:

Consistency with the City's Housing Element
The Prohousing Designation Program is consistent with the City’s current 2021-2029 Housing Element’s goals and programs, including the following:

Policy 1.5 Continue to implement the mobile home rent review ordinance to ensure the affordability of mobile homes.

Policy 2.7 Continue implementation of the City’s Inclusionary Housing regulations.

Policy 3.4 Provide adequate housing sites for special needs groups, including the elderly, homeless, and agricultural workers, through appropriate zoning designations and regulations.

Policy 4.1 Offer financial and/or regulatory incentives, including density bonuses, where feasible to off-set or reduce the costs of developing affordable housing.

Policy 4.2 Periodically review City regulations, ordinances, and residential fees to ensure that they do not unduly constrain housing development.

Policy 5.1 Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, selling or renting of housing on the basis of race, religion, family status, national origin, physical disability or other such circumstances.

Policy 5.2 Continue to financially support the provision of fair housing services to City residents.

The Community and Economic Development Department has determined that the City qualifies for inclusion in the program, based on the City's existing policies and programs in progress. The City's application does not commit the City to any policies or programs not 222
already adopted. The program criteria and self-scoring sheet is submitted to HCD as part of the City’s application and a draft has been provided as Attachment A and B for review.

STRATEGIC PLAN:

Though this item does not promote an objective from the City’s Two-Year Strategic Plan, it is consistent with Goal B (Economic Development): Enhance the economic vitality of the community through measures targeted towards development and business retention and expansion and attraction, resulting in diverse housing options, increased revenue generation, job creation, and a business-friendly community.

FISCAL IMPACTS:

City Staff have prepared the draft application for the Prohousing Designation using currently budgeted staff time. No funding from the General Fund is required. Granting of the Prohousing designation would provide the City with a competitive advantage for several State grant funding programs, which could make more funding available to the City.

OPTIONS:

The Council is under no obligation to support this request and could deny moving forward with an application or provide alternate direction to staff.

ATTACHMENTS:

Prohousing Application_Signed.pdf
Attachment A - Scoring Sheet.pdf
Attachment B - Categories.pdf
Prohousing_Reso.docx
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RESOLUTION NO. 7521

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA

AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING

DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive Applications for specified housing and infrastructure funding; and WHEREAS, the California Department of Housing and Community Development (“Department”) has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Santa Paula (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).

NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Santa Paula that:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production.

Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development 247
standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583.

Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code sections 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property comply and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments” (June 17, 2022, update).

4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

5. Applicant acknowledges and agrees that it shall be subject to the Application, the terms and conditions specified in the Program Documents, the Program Regulations, and any and all other applicable law.

6. City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program. 248
APPROVED AND ADOPTED by the Santa Paula City Council on this 5th day of June, 2024.
_________________________
Leslie Cornejo, Mayor
ATTEST:
_____________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
_____________________________
Monica Castillo, City Attorney
APPROVED AS TO CONTENT:
_________________________
Dan Singer,
City Manager
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To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Deputy City Manager
Subject: PURCHASE OF DOWNTOWN TRASH AND RECYCLING

RECEPTACLES
Date: July 2, 2024
Agenda Item: 11.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

It is recommended the City Council:

1. Waive formal bidding requirements and consent to purchase of trash and recycling receptacles for an amount not to exceed $132,713.42 based on the finding that purchase of the receptacles is "desirable or necessary" pursuant to SPMC Section 41.10.

2. Authorize the City Manager or his designee to execute a purchase agreement with Forms + Surfaces using American Rescue Plan Act (ARPA) funds.

Presented By: Jonathan Royas, Deputy City Manager
Esteban Herrera, Management Fellow
BACKGROUND:

The purpose of this report is to recommend the purchase of new trash and recycling receptacles for the downtown. This initiative aims to replace the existing dilapidated trash cans and increase the quantity of recycling cans to match that of the trash cans, thereby enhancing waste management and reducing litter in the downtown area.

Over the past year, our Management Fellows have conducted extensive research on various models of trash and recycling cans. This research included:

Reviewing the types of trash and recycling cans used by neighboring cities Gathering feedback from the Property Business Improvement District (PBID) Assessing the current condition and effectiveness of our existing cans The findings indicate that our current trash cans are not only old and unsightly but also insufficient in number, particularly in terms of recycling options.

Additionally, in alignment with Council's two-year strategic plan, this item would support one of Council's objectives by enhancing the downtown through beautification projects such as new trash and recycling receptacles.
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ANALYSIS:

There are many styles of trash and recycling receptacles to choose from. Currently, the City of Santa Paula utilizes eight distinct receptacle types at different locations throughout the City.

These receptacles have been selected based on the trash needs of each distinct location.

Attached, as Exhibit A, is a visual of each type, along with the general location, quantity and responsible party for waste service. In the downtown, where this purchase is directly focused, there are currently (9) Type A - blue colored recycling receptacles, (19) Type C - green colored trash receptacles, and (5) Type E - black colored trash receptacles.

Based on staff's assessment, the existing trash and recycling receptacles are in poor condition and insufficient to handle the volume of waste generated in the downtown area. Additionally, the current number of recycling receptacles is significantly lower than that of trash receptacles, leading to an imbalance and potential reasoning behind excessive waste in the public right of way.

Trash Receptacles in Poor Condition
When trash receptacles are in poor condition, they are less effective at containing waste. This can result in several issues:

Overflowing Trash: Damaged or poorly maintained trash receptacles are less likely to accommodate the required amount of waste, leading to overflowing bins. Overflowing trash can attracts pests, create foul odors, and contribute to littering, which degrades the cleanliness and aesthetics of the downtown area.

Increased Litter: If trash receptacles are not functional or are unpleasant to use (due to odor, damage, or lack of regular emptying), people might be less inclined to use them properly. This increases the likelihood of littering as individuals discard waste improperly.

Ineffectiveness: Several of our current receptacles are missing lids and/or the lids are ineffective because they come off easily allowing rummage and trash to spilled onto the floor. Newer cans with security locking mechanisms can prevent this.

Insufficient Number of Recycling Receptacles
A significant imbalance between trash receptacles and recycling receptacles can have several adverse effects:

Overflowing Recycling Bins: If recycling receptacles are too few, they can quickly become full, leading to overflowing bins. This not only looks unsightly but can also contaminate other recycling streams if people start using trash receptacles for recyclables.

Waste Diversion Issues: When there are too few recycling cans, recyclable materials might end up in trash cans, reducing the effectiveness of recycling programs. This not only impacts the environment by increasing landfill usage but also diminishes the economic benefits of recycling.

Environmental Impact: Proper recycling reduces the need for raw materials, saves energy, and decreases greenhouse gas emissions. An insufficient number of recycling 251
cans can hinder these environmental benefits.

Overall, research shows that the condition and number of trash and recycling receptacles directly influence the cleanliness and visual appeal of the downtown area and properly maintained and adequately distributed waste and recycling bins help keep public spaces clean and attractive. Improving the condition and quantity of both trash and recycling receptacles can significantly enhance waste management in downtown areas, leading to a cleaner, healthier, and more sustainable urban environment.

As a result, staff is recommending replacing the existing trash and recycling receptacles in the downtown and increasing the number of recycling receptacles to match the number of trash receptacles. Specifically in the downtown, this would result in a total of approximately 48 new trash (24 units)/recycling receptacles (24 units), as identified in Exhibit B. On a replacement basis, this would not add any new trash receptacle locations, however, it will increase the number of available recycling receptacles available from 9 units to 24, an increase of 15 new recycling receptacles which will be directly located next to the trash units.

Selecting the Right Receptacle - Neighboring Cities: What Do They Use? Analysis of other Southern California cities revealed that modern, durable, and aesthetically pleasing trash and recycling cans are crucial in maintaining cleanliness and promoting environmental responsibility. Several examples are detailed below.

City of Ventura
The City of Ventura currently has along the downtown corridor self-compacting trash receptacles (Exhibit C). After a thorough review, there is also the cost of these units to consider. The cost of the single compacting units’ ranges from $4,127 to $5,818 per can, and a double unit ranges from $8,254 to $10,966. The vendor does provide a subscription plan, more like renting the units. This would cost approximately $105 to $130 per station for a single unit or $210 to $250 per station for a double unit per month. The subscription option would require a contract for at least 60 months, which would be a total cost of $6,300- $7,800 for a single unit or $12,600-$15,000 for a double unit over the 60-month period. The cans have a life span of 8-10 years. Overall, staff did not feel these cans would be a cost-effective solution, and concerns over proprietary accessories and issues with the software and other specialty items outweighed any potential benefit.

City of West Hollywood
Our Athens Services partners provided information on the receptacles the City of West Hollywood is currently using (Exhibit C), which are also Bigbelly products. Their city plans to replace all receptacles with this brand in the coming years. The Bigbelly product is enclosed, limiting the amount of debris that can be removed from the canister.

City of Pismo Beach
The City of Pismo Beach recently replaced its trash receptacles in the City. Amongst these are the DuMor branded receptacles (Exhibit D). DuMor did mention they are the only manufacturers and providers of these type of specific receptacles. The DuMor product is similar to Santa Paula's current downtown trash receptacles, but contains a lid which makes it less accessible to foraging.
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City of Monterey
City of Monterey uses the Urban Renaissance receptacles from Forms and Surfaces (Exhibit E). These receptacles do a relatively good job of keeping animals and water out of the trash as long as they are not overflowing and also limit the ability to rummage through the bin. The receptacles also offer a recycling option which provides three added benefits; the first being that the unit acts as a rain guard preventing rain from entering the unit; second, encouraging those who might be tempted to throw a recyclable item into the trash to throw it into the recyclable section instead; and three, passersby who might be looking for scrap or redemption value items can easily retrieve those items without trying to rummage through the bin below or try to break the security lock.

Recommended Receptacle
Based on the options above, staff researched the aforementioned manufacturers as well as others and obtained three quotes for similar units. Because of the industry, it is not common that a different manufacturer carries the same exact model or design of their competitors. As such, staff obtained quotes for those receptacles which were most suitable and desirable for Santa Paula: Forms + Surfaces (Exhibit F), DuMor (Exhibit G) and Victor Stanley (Exhibit H).

The three models and manufacturers were discussed at length with the Property Business Improvement District (PBID), Parks and Recreation staff and the Streets Division. The combined feedback from all groups was the following:

1. The need for additional recycling cans to encourage proper waste segregation and recycling habits among residents and visitors.

2. Security locking mechanisms to secure the trash inside.

3. Lids or rain guards which could not be removed.

4. Inclusion of a durable graffiti-resistant coating to maintain the receptacles efficiently.

Based on a review of the three models fitting the criteria above, as well as taking into account the downtown aesthetics, it is staff's recommendation to select the Forms+Surfaces model (Exhibit F).

Installation
Staff has already discussed the purchase of new receptacles with the Public Works Street Division and they are confident with the supplied installation kits they will be able to properly remove and install the new receptacles.

Waste Service
Recently, the city renewed its agreement with Athens Services which includes trash and recycling services on Main Street (from 8th to 11th streets) every Monday. However, due to the uptick in events and activity in the downtown, such as monthly Cruise Nights, weekly Farmers Markets, and parades, our Parks and Recreation City Corps members have been servicing downtown receptacles 2-3 times weekly, subject to the volume of events.

Wavier
As mentioned earlier, each of the manufacturer's quoted makes a specific model brand 253
receptacle which is not found amongst competitors. Through this extensive process to identify "desirable" replacement receptacles which fit our unique downtown aesthetics, coupled with the feedback from the Parks & Recreation department and the Streets Division and the PBID, staff is recommending the Forms + Surfaces model as the unit of choice although it is more expensive than the Victor Stanley units by $401.04.

Manufacturer Unit Cost Rain Cover Shipping Tax
Anchor
Kit
Total
DuMor $2189 $146 $113 $192.64 - $2640.63
Victor Stanley $1819 $268 $104.64 $172.18 - $2363.82
Forms+Surfaces $2212 Integrated $333.15 $210.71 $9 $2764.86 SPMC Section 41.10 Wavier gives Council the sole authority to waive SPMC Section 41.09's formal bidding requirement “when required or desirable and in conformance with state law.” State law provides that cities must adopt purchasing regulations and that purchases must conform to the city’s purchasing regulations. See Gov. Code 54202. An example of what is “required or desirable” is when “supplies … are available from only one vendor as supported by appropriate documentation.” Because staff is recommending the purchase award go to Forms + Surfaces, and Forms + Surfaces is not the lowest bidder, Council can waive this requirement based on a finding that Forms + Surfaces is "required or desirable".

As such, staff is requesting Council's consent to purchase the trash (24 units) and recycling (24 units) receptacles through Forms + Surfaces for a purchase order total not to exceed $132,713.42. The replacement of old and dilapidated receptacles and the addition of more recycling units are critical steps in improving waste management in downtown Santa Paula.

The proposed new receptacles will not only enhance the aesthetic appeal of our downtown but also promote environmental sustainability and economic growth. Should Council approve this purchase, staff will coordinate with the Community and Economic Development Department's wayfinding effort on final selection of colors to ensure aesthetic cohesiveness in the downtown.

STRATEGIC PLAN:

Approval of this item moves the City closer to completing City Council’s two-year Strategic Plan, Section B. Economic Development, Objective #3, Downtown Beautification, by replacing damaged and dilapidated downtown trash receptacles which are close to 20-years old.

FISCAL IMPACTS:

There is sufficient funding available through previously allocated ARPA funds for "Downtown Beautification - Funding to be used to support downtown enhancements, amenities and beautification efforts such as wayfinding, tree wells, benches, lighting, new trash receptacles." GL 412-5-3002-199 and GL 412-5-3002-209, in an amount not to exceed $132,713.42, will fund the cost of the trash and recycling receptacle purchase.

OPTIONS:

As an alternative to the recommendation action, the City Council may:

1. Direct staff to utilize formal bidding procedures in lieu of a wavier; or 254

2. Provide staff alternative direction.

ATTACHMENTS:

Exhibit A - Existing Receptacle Types.pdf
Exhibit B - Recommended Replacement Locations.pdf
Exhibit C - Bigbelly Sense Max.pdf
Exhibit D - DuMor.pdf
Exhibit E - Forms and Surfaces.pdf
Exhibit F - Forms and Surfaces Quote.pdf
Exhibit G - DuMor Quote.pdf
Exhibit H - Victor Stanley Quote.pdf
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Exhibit A - Existing
Receptacle Types
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Assessment of Current City Receptacles
Currently, the City utilizes eight distinct can types at different locations throughout the City. These cans have been selected based on the trash needs of each distinct location. Below is a visual of each of these cans, along with the location of each general location of the receptacle.

Type Location Quantity Responsible Party
A Blue Trash Cans (Recycle) Downtown Corridor 13 Athens/Parks & Rec B Blue Trash Cans V2 (Recycle) Train Depot 2 Parks & Rec C Green Trash Can (Waste) Downtown Corridor 19 Athens/Parks & Rec D Green Trash Can V2 (Waste) Train Depot 7 Parks & Rec
E Black Trash Can Green St. Alley / 10th St. 5 Athens/Parks & Rec F Pet Waste Bike Trail 11 Parks & Rec
G Brown Trash Can Veterans Park 6 Parks & Rec
H Brown Trash Can V2 City Hall/CED 2 Parks & Rec
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Exhibit B -
Recommended Replacement
Locations
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Green = (19) Type C Green Trash Cans
Blue = (9) Type A Recycle Cans
Black = (5) Type E Black Trash Cans
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Exhibit C - Bigbelly Sense Max
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Exhibit D - DuMor
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Exhibit E - Forms and Surfaces
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SPECIFICATION SHEET
Urban Renaissance Receptacle
SLURB-36RB
Quantity: 6
Weight: 107.30 lbs.

Capacity: 36-Gallon, Fire Rated Black Polyethylene Liner

26.5" D X 39.5" H
Configuration: Side Opening
Litter & Recycling Opening: Integrated Recycle Bin With Dome Lid
Body Material: Stainless Steel
Body Finish: Powdercoat, Dark Corten Texture
Grillwork Option: Vertical
Latch Option: Tool-operated Security Latch
Mounting: Surface Mount With Levelers
T 800.451.0410 | www.forms-surfaces.com
© 2024 Forms+Surfaces® | All dimensions are nominal. Specifications and pricing subject to change without notice. or the most current version of this document, please refer to our website at www.forms-surfaces.com.