SOUTH GATE CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, November 22, 2022 at
6:30 p.m.
SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
DIAL-IN-NUMBER: 1 (669) 900-6833
MEETING ID: 823 9572 4039
HTTPS://US02WEB.ZOOM.US/J/82395724039
Call to Order/Roll Call With Invocation & Pledge
CALL TO ORDER:
Al Rios, Mayor
INVOCATION:
PLEDGE OF ALLEGIANCE:
Raul F. Salinas, City Attorney
ROLL CALL:
Yodit Glaze, City Clerk
City Officials
MAYOR CITY CLERK
Al Rios Yodit Glaze
VICE MAYOR CITY TREASURER
Maria del Pilar Avalos Gregory Martinez
COUNCIL MEMBERS CITY MANAGER
Maria Davila Chris Jeffers Denise Diaz
Gil Hurtado
CITY ATTORNEY
Raul F. Salinas
1 Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.
Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
City's Vision Statement
Coming Soon
Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.
Emails for public comment received prior to 12pm on the day of the Council Meeting will be summarized by the City Clerk, not read in its entirety. A copy of the email will be provided to the City Council and will also be available at the City Clerk's Office for public review. A copy of each email will be recorded for public record and noted on the official minutes of tonight's meeting.
Meeting Compensation Disclosure
Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $650 monthly regardless of the amount of meetings.
Proclamations, Certificates, Introductions And Ceremonial Actions
1. Introduction of the new and promoted full-time employees hired in the month of October
The City Council will consider receiving and filing the list of new and promoted full-time employees hired or promoted during October 2022. (ADMIN SVCS) Documents:
Item 1 Report 11222022.pdf
Public Hearings
2. Receive and File the 2022 City of South Gate 2022 Public Health Goals Report on drinking water quality
The City Council will consider following the conclusion of the public hearing, receiving and filing the City of South Gate 2022 Public Health Goals Report to meet the requirements of the California Health and Safety Code. (PW)
2 Documents:
Item 2 Report 11222022.pdf
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.
Reports And Comments From City Officials
During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Consent Calendar Items
Agenda Items
3, 4, 5, 6, 7, 8, 9, 10, 11
and
12 are Consent Calendar Items. All items including
Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action. Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.
Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.
3. Ordinance 2022-10-CC amending Title 9 and adopting by reference the 2022 Edition of the California Code of Regulations,Title 24, and 2021 International
Association of Plumbing and Mechanical Officials Codes
The City Council will consider waiving the reading in full and adopting Ordinance No.
2022-10-CC
amending certain chapters and sections of Title 9 (Buildings) of the South Gate Municipal Code by adopting by reference the 2022 California Codes of Regulations, 3 Title 24 ("2022 Building Standards Code") and the 2021 International Association of Plumbing and Mechanical Officials Codes. (CD)
Documents:
Item 3 Report 11222022.pdf
4. Resolution adopting the 2017 Updated Greater Los Angeles Integrated Regional Water Management Plan to pursue Grant Funding
The City Council will consider adopting a
Resolution
of the 2017 Updated Greater Los
Angeles Integrated Regional Water Management Plan (GLAC IRWM) Plan for the South Gate Water Main Replacement Program. (PW)
Documents:
Item 4 Report 11222022.pdf
5. Amendment No. 3 to Contract No. 2021-70-CC with HF&H Consultants, LLC., for solid waste management services
The City Council will consider: (PW)
a
.
Approving
Amendment No. 3 to Contract No. 2021-70-CC
with HF&H
Consultants, LLC., for solid waste management services necessary to complete the transition to UWS services and for services that are necessary for compliance with state regulations, in an amount not-to-exceed $86,784;
b
.
Authorizing the appropriation of $133,384 from the Refuse Fund balance to Account Number 413-733-51-6101 as necessary to fund transition and solid waste management expenditures through the end of Fiscal Year 2022/23; and c
.
Authorizing the mayor to execute the Amendment No. 3 in a form acceptable to the City Attorney.
Documents:
Item 5 Report 11222022.pdf
6. Amendment No. 1 to Contract No. 2020-96-CC with the City of Cerritos to extend the groundwater pumping water rights lease term for
two years
The City Council will consider: (PW)
a
.
Approving
Amendment No. 1 to Contract No. 2020-96-CC
("Amendment No. 1")
for Groundwater Pumping Water Rights Lease Agreement with the City of Cerritos to lease 1,000 acre-feet of the City of South Gate's unused water rights, annually, for a two-year term effective July 1, 2023; and
b
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
4 Item 6 Report 11222022.pdf
7. Agreement with Hydroscientific West for as-needed technical support services for the SCADA System
The City Council will consider: (PW)
a
.
Approving an
Agreement
with HydroScientific West for as-needed technical support services for the Supervisory Control and Data Acquisition (SCADA) system, for a two-year term with an option to extend up to two years, for an amount not-to-exceed $30,000, annually; and
b
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 7 Report 11222022.pdf
8. Agreement with the Tweedy Mile Association to produce the annual Tweedy Mile Street Fair Festival for three years (2023-2025)
The City Council will consider: (CM)
a
.
Approving an
Event License Agreement
("Agreement") with the Tweedy Mile
Association to produce the Annual Tweedy Street Fair Festival ("Fair") for a term of three years; and
b
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 8 Report 11222022.pdf
9. Agreement with Helpline Youth Counseling, Inc., to implement the South Gate Emergency Rental and Utility Assistance Program
with American Rescue Plan
Funds
The City Council will consider: (CD)
a
.
Approving an
Agreement
with Helpline Youth Counseling, Inc., to implement the
South Gate Emergency Rental and Utility Assistance Program; and b
.
Appropriating $245,000 from the American Rescue Plan funds to an account determined by the Director of Administrative Services to fund the South Gate Emergency Rental and Utility Assistance Program; and
c
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 9 Report 11222022.pdf
5 10. Notice of Completion for the Park Maintenance Yard Reroofing Project, City Project No. 691-PRK
The City Council will consider: (PW)
a
.
Accepting completion of construction of the Park Maintenance Yard Reroofing Project, City Project No. 691-PRK; and
b
.
Directing the City Clerk to file the Notice of Completion with the Los Angeles County Registrar Recorder's Office.
Documents:
Item 10 Report 11222022.pdf
11. Change Order No. 6 to Contract No. 2021-66-CC with NR Development, Inc., to fund additional work for the Urban Orchard,
City Project No. 539-PRK
The City Council will consider: (PW)
a
.
Approving Change Order No. 6 to Contract No. 2021-66-CC with NR Development, Inc., to fund additional work required to complete construction of the Urban Orchard Project, City Project No. 539-PRK, in a budgetary amount of $288,019; b
.
Authorizing the Assistant City Manager/Director of Public Works to execute Contract Change Order No. 6; and
c
.
Approving an increase to the City Manager's authority to administratively approve change orders from a cumulative total of $500,000 to a cumulative total of $750,000.
Documents:
Item 11 Report 11222022.pdf
12. Minutes
The City Council will consider approving: (CLERK)
a
.
The Regular Meeting minutes of September 27, 2022; and
b
.
The Special Meeting minutes of October 11, 2022.
Documents:
Item 12 Report 11222022.pdf
Reports, Recommendations And Requests
13. Ordinance amending Section 1.04.065 (Salary of Members - Compensation), of Chapter 1.04 (City Council), Title 1 (Administration And Personnel), of the South Gate Municipal Code increasing the City Council Compensation
The City Council will consider waiving the reading in full and introducing an Ordinance
amending Section 1.04.065 (Salary of Members - Compensation), of Chapter 1.04 (City 6 Council), of Title I (Administration and Personnel), of the South Gate Municipal Code increasing the City Council salary. (CM)
Documents:
Item 13 Report 11222022.pdf
14. Warrant Register for November 22, 2022
The City Council will consider approving the Warrant Register for November 22, 2022. (ADMIN SVCS)
Total of Checks: $2,380,075.63 Less: Voids $ (7
06.10)
Less: Employee Payroll Deductions $
(438,492.77)
Grand Total: $1,940,876.76
Cancellations: 98605, 99006, 95288, 97909, 98092, 98225 Documents:
Item 14 Report 11222022.pdf
Adjournment
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on November 17, 2022, at 11:10 a.m., as required by law.
Yodit Glaze
City Clerk
GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.
MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:
City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.
7 PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers first. After all speakers in the Chambers have spoken, the Presiding Officer will call upon those participating via zoom or teleconference.
Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.
Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.
To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.
CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.
STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.
SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
8 Item No. 1
elflANAOtR'80PPICE
NOV 15 2022
City of South Gate
CITY COUNCIL
AGENIDA IBI[LL
For tlie Regular Meeting of: November 22, 2022
Originating Department: Administrative Services
Administrative Services Director:
Kristopher Ryan
City Manager:
(-as Jeffers
SUBJECT: INTRODUCTION OF THE NEW AND PROMOTED FULL-TIME EMPLOYEES HIRED IN THE MONTH OF OCTOBER 2022
PURPOSE: To introduce to tlie City Council tlie newly hired and promoted full-time employees in tlie month of October 2022.
RECOMMENDED ACTION: Tlie City Council will consider receiving and filing the list of new and promoted full-time employees hired or promoted during October 2022.
FISCAL IMPACT: None
ANALYSIS: None
BACKGROUND: Tl'ie following is a list of new and promoted full-time City employees who were hired or promoted in the month of October 2022:
Employee Title Department Division
Original
Hire
Date
Promo
Date
Promoted
From
Karla Young Office
AsSiStant
Public Works Engineering 10/24/22
Andrew
Esquivel
Street
Maintenance
Worker
Public Works Streets 10/10/22
Guillerino Diaz Street
Maintenance
Worker
Public Works Streets 10/24/22
Carol Averell Housing
Manager
Comi'nunity
Developmaent
Housing 10/09/22
Marcos MLIIIOZ Grounds
Maintenance
Worker
Parks &
Recreation
Maintenance 09/08/20 10/24/22 Recreation
Leader II
1 9
Keantae
Wilkerson
Police
Officer
Police Patrol 03/29/11 10/10/22 Street
Maintenance
Worker
Karina Reveles Police
Records
Specialist
Police Services 03/13/22 10/9/22 Police
Records
Specialist
Horirly
ATTACHMENT: PowerPoint Presentation
2 10
INTRODUCTION OF THE
CITY'S NEW & PROMOTIONAL
FULL-TIME EMPLOYEES
11 12
Karla Young
Office Assistant :l l
Public Works
Hire Date: 10/24/22
A
r,,A
13 Andrew Esquivel
Street Maintenance Worker
Public Works
Hire Date: 10/10/22
14 Guillermo Dioz
Street Maintenance Worker
Public Works
Hire Date: 10/24/22
15 16
111111111111 I
Carol Averell
Housing Manager 17i
p I I
(';4i. / ('J-'lr l I
17 18
Marcos Munoz
.,I
Grounds Maintenance Worker ,/
Parks&Recreation :g! r
PromotionDate: 10/24/22 I -?-g3 -=,/l'
19 20
Keantae Wilkerson
Police Officer
Police
Promotion Date: 10/10/22
Original Hire Date: 3/29/11
., ,4,, t
21 Karina Reveles
Police Records Specialist
Police
Promotion Date: 10/9/22
Original Hire Date: 3/13/22
22 (J)523
CITYMANAGER'S OFFICE Item No. 2
NOV 15 2022
11s(5prrc C'Uy of South Gate
CITY COUNCIL
AG-ENDA BNLL
Department Director:
For the Regular Meeting of:
a a a Department:
A'f;tur erv
November 22, 2022
Public Works
City Manager:
Ne,firs
SUBJECT: CITY OF SOUTH GATE 2022 PUBLIC HEALTH GOALS REPORT ON
DRINKING WATER QUALITY
PURPOSE: The City's municipal water system must comply with the regulatory requirements of the California Health and Safety Code ("Code"). The 2022 Public Health Goals Report is required to be filed by the City Council every three years to comply with state law. The report provides information on concentration levels for certain constituents for which only public health goals have been set, but do not have established enforceable water quality standards.
RECOMMENDED ACTIONS: The City Council will consider following the conclusion of the public hearing, receiving and filing the City of South Gate 2022 Public Health Goals Report to meet the requirements of the California Health and Safety Code.
FISCAL IMPACT: None; however, the cost of preparing the 2022 Public Health Goals ("PHG") Report was $2,334 and was funded with Water Funds.
NOTICING PROCEDURES: A notice of the public hearing was published in the South Gate Press on November 10, 2022, and the report was posted on the City website.
ANALYSIS: The City's municipal water system serves water that meets state and federal drinking water quality standards. Over 2,000 water samples are taken annually to confirm compliance. The South Gate 2022 PHG Report documents the results of water sampling from 2019, 2020 and 2021 of five water contaminants for which PHG or Maximum Contaminant Level Goals (MCLG) are established. PHGs and MCLGs are not a water quality standard. They are established goals that are not enforceable. The enforceable water quality standard is the Maximum Contaminant Level (MCL). The results in the 2022 PHG Report denote that the detection levels of the five water contaminants exceeded the PHG and MCLG Goals but are below the MCL thereby meeting state and federal drinking water quality standards.
According to the PHG Report, costly treatment processes would be required to reduce the levels of the constituents identified above as below the PHG and MCLG. The costs to reduce these constituents to below their PHG and MCLG are estimated at $228 to $1,641 per service connection per year, or $3.2 million to $23.4 million per year. Given the significant financial burden on customers, no treatment action is necessary, required or proposed at this time. 1 24
The City's tap water has met all of the enforceable drinking water quality standards and the testing results have been provided in the 2021 Annual Water Quality Report, also known as the Consumer Confidence Report, which is accessible on the Cities website at South Gate Consumer Confidence Report City of South Gate.
BACKGROUND: With over 14,300 service connections, the City's public water system consists of 135 miles of water pipelines, seven (7) active water wells and six (6) water reservoirs which have a storage capacity of over 14 million gallons, and approximately 3,500 water valves.
The potable water system provides drinking water to over 90% of the City's population.
The California Health and Safety Code, Section 116470, requires water systems with more than 10,000 service connections to prepare a PHG Report every three years. The City's water system has over 14,000 service connections; thus, the report was prepared.
PHG are set by the State Office of Environmental Health Hazard Assessment (State Standards).
MCLG are set by the United States Environmental Protection Agency (Federal Standards).
ATT ACHMENTS: A.
B.
C.
2022 Public Health Goals Report
Notice of Public Hearing
2021 Water Quality Report
AC/CC:lc
2 25
ATT ACHMENT A
o, SOU7-,
CITY OF SOUTH GATE
2022 PUBLIC HEALTH GOALS REPORT
JUNE 2022
STETSON
ENGINEEEI!i INC.
861 Village Oaks Drive, Suite 100 * Covina,California 91724 Phone:(626)967-6202 a Fax:(626)331-7065 * Website:www.stetsonengineers.com Northern Callfornla Southern California Arizona Colorado Oregon 26 2022 Public Health Goals (PHGs) Report
City of South Gate
1.O Introduction
Under the Calderon-Sher Safe Drinking Water Act of 1996 public water systems in California serving greater than 10,000 service connections must prepare a report containing information on 1) detection of any contaminant in drinking water at a level exceeding a Public Health Goal (PHG), 2) estimate of costs to remove detected contaminants to below the PHG using Best Available Technology (BAT), and 3) health risks for each contaminant exceeding a PHG. This report must be made available to the public every three years. The initial PHGs Report was due on July 1, 1998, and subsequent reports are due every three years thereafter.
The 2022 PHGs Report has been prepared to address the requirements set forth in Section 116470 of the California Health and Safety Code. It is based on water quality analyses during calendar years 2019, 2020, and 2021 or, if certain analyses were not performed during those years, the most recent data is used. The 2022 PHGs Report has been designed to be as informative as possible, without unnecessary duplication of information contained in the Consumer Confidence Report (also known as Water Quality Report), which was mailed to customers by July Ist of each year.
There are no regulations explaining requirements for the preparation of PHGs reports.
A workgroup of the Association of California Water Agencies (ACWA) Water Quality Committee has prepared suggested guidelines for water utilities to use in preparing PHGs reports. The ACWA guidelines were used in the preparation of this 2022 PHGs Report. These guidelines include tables of cost estimates for BAT. The State of California (State) provides ACWA with numerical health risks and category of health risk information for contaminants with PHGs. This health risk information is appended to the ACWA guidelines.
2.O California Drinking Water Regulatory Process
California Health and Safety Code Section 116365 requires the State to develop a PHG for every contaminant with a primary drinking water standard or for any contaminant the State is proposing to regulate with a primary drinking water standard. A PHG is the level of a contaminant in drinking water that poses no significant health risk if consumed for a lifetime. The process of establishing a PHG is a risk assessment based strictly on human health considerations. PHGs are recommended targets and are not required to be met by any public water system.
The State office designated to develop PHGs is the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA). The PHG is City of South Gate 1 2022 PHGs Report
4 27
then forwarded to the State Water Resources Control Board, Division of Drinking Water (DD\/V) for use in revising or developing a Maximum Contaminant Level (MCL) in drinking water. The MCL is the highest level of a contaminant that is allowed in drinking water. State MCLs cannot be less stringent than federal MCLs and must be as close as is technically and economically feasible to the PHGs. DDW is required to take treatment technologies and cost of compliance into account when setting an MCL.
Each MCL is reviewed at least once every five years.
Two radiological contaminants (gross alpha particle and gross beta particle) have MCLs but do not yet have designated PHGs. For these contaminants, the Maximum Contaminant Level Goal (MCLG), the federal u.s. Environmental Protection Agency (USEPA) equivalent of PHGs, is used in the 2022 PHGs Report.
3.O Identification of Contaminants
Section 116470(b)(1) of the Health and Safety Code requires public water systems serving more than 10,000 service connections to identify each contaminant detected in drinking water that exceeded the applicable PHG. Section 116470(f) requires the MCLG to be used for comparison if there is no applicable PHG.
The City of South Gate (City) water system has approximately 14,289 service connections. The following constituents were detected at one or more locations within the drinking water system at levels that exceeded the applicable PHGs or MCLGs:
* Arsenic - naturally-occurring in local groundwater * Gross alpha particle activity (gross alpha) - naturally-occurring in local groundwater
@ Tetrachloroethylene (PCE) - industrial contamination in local groundwater * Trichloroethylene (TCE) - industrial contamination in local groundwater * Uranium - naturally-occurring in local groundwater.
The accompanying table shows the applicable PHG or MCLG and MCL for each contaminant identified above. The table includes the maximum, minimum, and average concentrations of each contaminant in drinking water supplied by the City in calendar years 20'l9 through 2021.
4.O Numerical Public Health Risks
Section 116470(b)(2) of the Health and Safety Code requires disclosure of the numerical public health risk, determined by OEHHA, associated with the MCLs, PHGs and MCLGs. Available numerical health risks developed by OEHHA for the contaminants identified above are shown on the accompany table. Only numerical risks associated with cancer-causing chemicals have been quantified by OEHHA.
Arsenic - OEHHA has determined the theoretical health risk associated with the PHG is 1 excess case of cancer in a million people. USEPA has determined the risk City of South Gate 2 2022 PHGs Report
28 associated with the MCL is 2.5 excess cases of cancer in 1,000 people exposed over a 70-year lifetime.
Gross Alpha - OEHHA has not established a PHG. USEPA has established an MCLG of O. USEPA has determined the risk associated with the MCL is 1 excess case of cancer in 1,000 people over a lifetime exposure.
PCE - OEHHA has determined the theoretical health risk associated with the PHG is 1 excess case or cancer in a million people. USEPA has determined the risk associated with the MCL is 8 excess cases of cancer in 100,000 people exposed over a 70-year lifetime.
TCE - OEHHA has determined the theoretical health risk associated with the PHG is 1 excess case of cancer in a million people. USEPA has determined the risk associated with the MCL is 3 excess cases of cancer in a million people exposed over a 70-year lifetime.
Uranium - OEHHA has determined the theoretical health risk associated with the PHG is 1 excess case of cancer in a million people. USEPA has determined the risk associated with the MCL is 5 excess cases of cancer in 100,000 people exposed over a 70-year lifetime.
5.O Identification of Risk Categories
Section 116470(b)(3) of the Health and Safety Code requires identification of the category of risk to public health associated with exposure to the contaminant in drinking water, including a brief, plainly worded description of those terms. The risk categories and definitions for the contaminants identified above are shown on the accompanying table.
6.O Description of Best Available Technology
Section 1 16470(b)(4) of the Health and Safety Code requires a description of the BAT, if any is available on a commercial basis, to remove or reduce the concentrations of the contaminants identified above. The BATs are shown on the accompanying table.
7.O Costs of Using Best Available Technologies and Intended Actions requires an estimate of the
BATs identified to reduce the
PHG or MCLG. In addition,
a brief description of any actions the water purveyor concentration of the contaminant and the basis for that Section 116470(b)(5) of the Health and Safety Code
aggregate cost and cost per customer of utilizing the concentration of a contaminant to a level at or below the Section 116470(b)(6) requires
intends to take to reduce the
decision.
City of South Gate 3 2022 PHGs Report
29 The City operates one Spray Aeration Treatment System installed in the South Gate Park Reservoir for the treatment of PCE and TCE detected in the local groundwater.
Arsenic - The BATs for removal of arsenic in water for large water systems are:
activated alumina, coagulation/filtration, electrodialysis, ion exchange, lime soffening, oxidation/filtration, and reverse osmosis. Arsenic was detected above the PHG in the local groundwater. The City is in compliance with the MCL for arsenic. The estimated cost to reduce arsenic levels in local groundwater to below the PHG of O.004 microgram per liter (pg/l) using ion exchange was calculated. Because the DDW detection limit for purposes of reporting (DLR) for arsenic is 2 pg/1, treating arsenic to below the PHG level means treating arsenic to below the DLR of 2 pg/1. There are numerous factors that may influence the actual cost of reducing arsenic levels to the PHG. Achieving the water quality goal for arsenic could be approximately $6,410,000 per year, or $448 per service connection per year.
Gross Alpha and Uranium - The only BAT for the removal of gross alpha in water for large water systems is reverse osmosis, which can also remove uranium, if detected.
Gross alpha was detected above the MCLG in the local groundwater. Uranium was detected above the PHG in the local groundwater. The cost of providing treatment using reverse osmosis to reduce gross alpha levels in local groundwater to the MCLG of 0 picoCurie per liter (pCi/l) (and consequently uranium in local groundwater below the PHG) was calculated. Because the DLR for gross alpha is 3 pCi/1, treating gross alpha to 0 pCi/l means treating it to below the DLR of 3 pCi/1. Achieving the water quality goal for gross alpha could range from $1,440,000 to $12,300,000 per year, or between $10I and $864 per service connection per year.
PCE and TCE - The BATs for removing PCE and TCE in water are granular activated carbon (GAC) and packed tower aeration (PTA). PCE and TCE were detected above their respective PHGs in the local groundwater and above the PHG for PCE in the treated water from the City's Spray Aeration Treatment System. The City is in compliance with the MCL for PCE and TCE. The estimated cost to treat PCE and TCE in the local groundwater to below the PHG of O.06 pg/1 using PTA was calculated.
Because the DLR for PCE and TCE is O.5 pg/1, treating PCE and TCE to below their respective PHGs means treating PCE and TCE to below the DLR of O.5 pg/1. There are numerous factors that may influence the actual cost of treating PCE and TCE levels to their respective PHGs. Achieving the water quality goal for PCE and TCE using PTA could range from $751,000 to $1,990,000 per year, or between $53 and $139 per household per year.
All Contaminants - In addition, a cost estimate to treat all water produced by the City using PTA and reverse osmosis to remove all the contaminants detected above the PHGs or MCLGs was calculated. All the contaminants listed in the accompanying table may be removed to non-detectable levels by PTA and reverse osmosis. As shown on the accompanying table, achieving the water quality goals for all contaminants using PTA and reverse osmosis could range from $3,260,000 to $23,400,000 per year, or between $228 and $1,641 per service connection per year.
City of South Gate 4 2022 PHGs Report
30 For additional information, please contact Mr. Chris Castillo at (323) 563-5790, or write to the City of South Gate, 4244 Santa Ana Street, South Gate, California 90280.
J 124B7124B7-08 South Gale PHG 20221Soulh Gate 2022 PHG text Final docx City of South Gate 5 2022 PHGs Report
g 31
2022 PUBLIC HEALTH GOALS REPORT
ClTf OF SOUTH GATE
PARAMETER
UNITS
OF
MEASUREMENT
PHG
OR
iMCLGla
MCL DLR
CONCENTRATION CATEGORY
OF
RISK
CANCER RISK
AT PHG
OR MCLG
CANCER
RISK
AT MCL
BEST
AVAIIJBLE
TECHNOLOGIES
AGGREGATE
COST
PER YEAR
COST PER
HOUSEHOLD
PER YEAR
VAtuE RANGE
INORGANIC CHEMICALS
Arsenic
OROANIC CHEMICALS
Tetrachlo+oelhylene (PCE)
Tnchlii+oelhylene (TCE)
RADIOLOGICAL
Gross Alpha Parhcle Acbviffi
Llranium
4gll
ligll
ligll
pCill
pCill
0 004
0 06
17 (O)
0 43
10 5
5 15
20 2
05 05
3 l
2 0 52
0 53
ND
24 ND-55
ND-45
ND-23
ND-65
ND - 4 1
c
c
c
c
c
l x TO'
1 X 10'
1 X 10"
o
l X 10'
2 5 X TO '
8 x TO
3x 10'
t X TO '
5 X 10
AA.C/F.E.I E.LS.OIF,RO
GAC.PTA
GAC,PTA
RO
IE, RO. LS.(jF
$6.4 l O.000 (a)
$751 ,000 - $1 ,990,000 (b)
$1.440.000 - $'l2.300.00D (c)
$448 (a)
:%53 - $139 (b)
$101 - S864 (c)
ALL CONTAMINANTS PTA and RO $3,260,000 - $23.40D.0[)0 (d) $228 $1.641 fdl a MCLGs are shown m parent teses MCLGs are prcvided only wl en no applicable PHG eiists
RISK CATE(IORIES
C (Carcinogen) = A substance that is capable of pioducmg cancer NOT!i8
PHG - Publlc Health Goal
MCL - Maxlmum Contaminant Level
MCL(I - Maximum Contamlnanl Level (10!II
ND b Not Detscted
ugll - mk.nigrams ICOT liter or pails pw billlon
pCi/l - plcoCunes par 11ter
DLR - Oetectlon umli for Puiposea oT Repoding
TRE ATMENT TECHNOLOGIES
AA - Activated Alummum
CIF - CoagulabonjFTlttalion
E - Electrodialysis
GAC = Granula+ Activated Csibon
IE = Ion Exchange
LS = Lime Sofflemng
OIF - OxidalionlFillyalion
PTA = Packed Tower Aeialion
RO = Revetss Osmosis
(a) Esiimaled cost to +emove arsenic usmg IE
(b) Esbmaled cost to remove PCE and TCE using PTA
(c) Esiimaled cost to remove gross alpha panicle aclivity using RO, which also temaves uranium (d) Assummg treating Ihe entire production by PTA and RO, which can remove all conlaminanls listed in the above table lO below the deteclable levels 32 ATT ACHMENT B
CITY OF SOUTH GATE
NOTICE OF PUBLIC HEARING
Officeofthe
!mUiameCityClm
NOV g 12022
FiLED
NOTICE IS HEREBY GIVEN that the City Council of South Gate, California will conduct apublic hearing for the pui.ose of receiving comments on the City's 2022 Public Health Goals (PHG) Report as required by the California Health and Safety Code Section 116470. A copy of the PHG can be reviewed in the City Clerk's office during normal business hours. The Public Hearing is scheduled for:
DATE:
TIME:
LOCATION:
November 22, 2022
6:30 p.m.
COUNCIL CHAMBERS
SOUTH GATE CITY HALL
8650 CALIFORNIA AVENUE
SOUTH GATE, CA 90280
ThePublicHearingmeetingwillbeconductedinpersonorthroughvideoconferencing. Any comments may be made in person at the hearing or in writing to the City Clerk or the City Council prior to the hearing.
YoumayaccessthehearingsthroughZoomoraphonecall. FortheupdatedDial-inNumber and Conference Code for the November 22, 2022 City Corincil meeting, please visit the City's website at www.cityofsouthgate.org/AgendaCenter.
NOTICE IS HEREBY GIVEN that any and all persons interested in the matterhereinabove set forth are privilegedto attend saidhearing andthen andthere testify orpresent evidence upon any matter relating thereto.
THIS NOTICE IS GIVEN by the order of the City Clerk of said City and is dated this November 3, 2022.
Publicationdate: 10fhday,November,2022
Account No.: 411-731-71-6303
/O 33
ATT ACHMENT C
I S o u 7 h
Since 1991, California water utilities have been providing information on water served to its consumers. This report is a snapshot of the tap water quality that we provided last year. Induded are details about where your water comes from, how it is tested, what is in it, and how it compares with state and federal limits. We strive to keep you informed about the quality of your water and to provide a reliable and economic supply that meets all regulatory requirements.
SatTa Ana St
Firestone Blvd
Tweedy Blvd
Your tap water comes from local, deep groundwater wells that supply our service area shown on the adjacent map. The quality of groundwater delivered to your home is presented in this report.
Hwy
Your drinking water is tested regularly for unsafe levels of chemicals, radioactivity and bacteria at the SOurCe and in the distribution system. We test weekly, monthly, quarterly, annually or less often
depending on the substance. State and federal
laws allow us to test some substances less than
once per year because theirlevels do not change
frequently. All water quality tests are conducted
by specially trained technicians in state-certified
laboratories. +
34 Whatare Drinking WaterStandards?
The U.S Environmental Protection Agency (USEPA) limits the amount of certain substances allowed in tap water.ln California, the StateWater Resources Control Board (State Water Board) regulates tap water quality by enforcing limits that are at least as stringent as the Federal EPA's.
Historically, California limits are more stringent than the Federal ones.
There are two types of these limits, known as standards. Primary standards protect you from substances that could potentially affect your health. Secondary standards regulate substances that affect the aesthetic qualities of water. Regulations set a Maximum Contaminant Level (MCL) for each of the primary and secondary standards.The MCL is the highest level of a substance that is allowed in your drinking water.
Public Health Goals (PHGs) are set by the California Environmental Protection Agency (EPA). PHGs provide more information on the quality of drinking water to customers, and are similar to their federal counterparts, Maximum Contaminant Level Goals (MCLGs). PHGs and MCLGs are advisory levels that are nonenforceable. Both PHGs and MCLGs are concentrations of a substance below which there are no known or expected health risks.
How DolRead the Water Quality Table?
Although we test for over 100 substances, regulations require us to report onlythose found in your water.The first column ofthe water quality table lists substances detected in your water. The next columns list the average concentration and range of concentrations found in your drinking water. Following are columns thatlistthe MCL and PHG or MCLG,if appropriate.The last column describes thelikely sources of these substances in drinking water.
To review the quality of your drinking water, compare the highest concentration and the MCL. Check for substances greater than the MCL.
Exceedence of a primary MCL does not usually constitute an immediate health threat. Rather, it requires testing the source water more frequently for a short duration. If test results show that the water continues to exceed the MCL, the water must be treated to remove the substance, or the source must be removed from service.
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material and can pick up substances resulting from the presence of animals or from human activity.
Contaminants that may be present in source water include:
Microbial contaminants, including
viruses and bacteria, that may
come from sewage treatment
plants, septic systems, agricultural
livestock operations, and wildlife;
occurring or result from urban
stormwater runoff. industrial or
domestic wastewater dicharges, oil
andgas production, mining orfarming;
Organic chemical contaminants,including synthetic and volatile organic chemicals, that are byproducts ofindustrial processes and petroleum production, and can :31SO come from gas stations, urban stormwater runoff, agricultural application, and septic systems;
Pesticides and herbicides, which
may come from a variety of sources
such as agriculture, urban stormwa-
ter runoff, and residential uses;
Radioactive contaminants, which
can be naturally occurring or be the
result of oil and gas production and
mining activities.
In order to ensure that tap water is safe to drink, the U. S. Environmental Protection Agency (USEPA) and the State Water Resources Control Board (State Water Board) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems.
The State Board regulations also establish limits for contaminants in bottled water that must provide the same protection for public health.
All drinking water,including bottled water, may reasonably be expected to contain at least small amounts of some contaminants.The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA's Safe Drinking Water Hotline (1-800-426-4791 ). You can also get more information on tap water by fogging on to these helpful web sites:
*usEpA's web site - https://www.epa.gov/ground-water-and-drinking-water/safe-drinking-water-information *statewaterBoardwebsitehttps://www.waterboards.ca.gov/drinkingwater/certlic/drinkingwater/Chemtcalcontaminants.html If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and componertts associated with services lines and home.plumbing.The City of South Gate is responsible for.providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the-potential forlead exposure byflushing yourtap for 30 seconds to 2 minutes before using waterfor drinking or cooking.lfyou are concerned about lead in yourwater, you may wish to have your water tested.lnformation on lead in drinking water, testing methods, and -steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.
35 ShouldlTake Additional Precautions?
Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocompromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. The USEPA/Centers for Disease Control guidelines on appropriate means to lessen the risk of infection of Cryptosporidium and other microbial contaminants are available from the USEPA's Safe Drinking Water Hotline (1-800-426-4791). -f/.T-l - .[2 !
'J!'%-;r -
-_12L=_..
.,, ;.'__
$
@ I
The City of South Gate conducted an assessment of its groundwater supplies in 2003 and amended the assessment in 2016 to include the new Well 29. Groundwater supplies are considered most vuinerable to water supply wells and the following activities: dry cleaners, car washes, auto repair shops, bus terminals, parking lots/malls, appliance repair, office buildings, rental yards, high density housing, recycling centers, apartments & condominiums, schools, road/streets, storm drains discharge points, and medical/dental offices/clinics. A copy of the approved assessment may be obtained by contacting South Gate Water Operations Foreman, Ramiro Hernandez at (323) 563-5796.
How CanlParticipate in Decisions
On Waterlssues ThatAffectMe?
HowDolContactMy WaterAgencylflHave
Any Questions About Water Quality?
The public is welcome to attend City Council meetings on the second and fourth Tuesday of each month at 6:30 p.m. in the City Council Chambers, South Gate City Hall at 8650 California Avenue, South Gate, California 90280.
If you have specific questions about your tap water quality, please contact Ramiro Hernandez, South Gate Water Operations Foreman, at (323) 563-5796.
* Fix leaky faucets in your home - save up to 20 gallons every day for every leak stopped. * Savebetween15and50gallonseachtimebyonlywashingfullloadsoflaundry. @) Adjust your sprinklers so that water lands on your lawn/garden, not the sidewalk/driveway - save 500 gallons per month. * Useorganicmulcharoundplantstoreduceevaporation-savehundredsofgallonsayear. 4p visit http://www.epa.gov/watersense for more information.
Unregulated ContaminantMonitoring
Regulation (UCMR-4)
[ -g,_ ':a']
is "
! %\' ..""34@F"
:'-
(-l
. -a'j'h
,%:l; ,"::,l'4,,..,.,l,'Y,'iam.,,:7'aa'jJ,l,,.,,L(,11,l""" ;T 05 iaa'41l' "-;, r%_!ll"_.a . -" <Zi_ il_ta s ?ll - i1%, I,.i.-1. _,h. i .' I l' - 'i "" ' l
1. '
-" pK?Q< {j-j\,-'-&1 i-t!s
'%-
'- " :"':"':" "'""'a':" " '1: '! ' -
' )' l
l=
_y I
j€ -'->-,
(
The Safe Drinking Water Act requires the Environmental Protection Agency (EPA) to identify unregulated contaminants for potential regulations. Every five years, EPA identifies a list of unregulated contaminants to be monitored for by the nation's water utilities over a three year period. This occured in 2018-2020 with the fouth UCMR (UCMR-4). In 2018, the City of South Gate began monitoring for a total of 30 chemical contaminantsfrom its wells along with a corresponding sampling from the distribution systeni reflecting water from each well and no detections were found.0nce EPA has obtained this occurrence data nationally, they are required i6 determine if there is a meaningful opportunity for increased health protection of drinking water by regulating these contaminants. The findings from this monitoring will be reported in Consumer Confidence Report-through 2021.
Visit us on the web at: www.cityofsouthgate.org
36 21 Consumer Confidence Report
Results are from the most recent testing performed in accordance with state and federal drinking water regulations. The State allows the City to monitor for some contaminants less than once per year because the concentrations of these contaminants do not change frequently. Some of the data, though representative, are more than one year old.
#biw! &% €b_-tMm " a " " 'm'
I5 !AAA Q_Y_j_,,TJINJtj_j______RD'9JAl_ ONXTOREb AT THE_ SQ Qi b lA%!!$1 q F9,!:,!, % ;,d§4,.jJkl"" ;"I aas-'a' +s+z*; :
)RGANIC
:HEMICALS Ip(lll)
"""-' I31 01Jl TO.M AT!l I -""' - PRiMARY -
MCL
MCL(I
or PHCi
MAJOR 80uRCE8 IN ORINKINCi WATER "
AVERA (,i IANGE
Teltachloroelhylene (PCE) li) 08 NO - 2 2 5 0.08 (a)
Discharge jrom Taclones, dry cleaners, and auto shops (metal degreaseQ. Some people who use vraket containing leliachloroelhylene in excess oT the MCL over many years may expenence liver problems. and may have an Increased risk of getting cancer. The Clty has taken action using an appiopnale treatment lechnlque in) Water afflei tmalment is in complianca and below the MCL Tilchloroethyk.ne (TCE) (i) 08 NO - 2.3 5 1.7 (a)
Dlscharge from metal degteasing sites and other {acloiles. Some people who use wafer contalning ttlchloroelhylene in excess ok Ihe MCL over many years may expenence liver problems and may have an Incneased rlsk of gelUng cancer.
INORGANli 3 Sampled from 20191o 2021
/Vsenlt. (uqll 2.i NO - 5.i 10 0 004 ila) Eroslon oT natural deposi Is, qlassteleclronics producllon wastes: runoff Barlum 5mql
].a
ND - ( 1.21 1 2 (ai I Oil tklllln(l waste and msal refinery discharqe gosion oj natural deposils Fluorlde (mq l) ]: I 0.3 - ],i 2.(1 j (ai I Erosion or natural deposi Is, water addltlve thal promoles slronq teeth Hexavalent Chromium (ug{l) 0) 07 ND-2.3 NO MCL 0.02
Discharge from eleclroplating factorles, leather tanneries, wood preservation, chemlcel synthesis, refractory prodtx.fion, and textile manulaciudng Taclllliea:
eioslon oT natural deposits.
Nitrate (mqll as N) 13 ND-2.1 10 10 (aj Runoff and Isachlnq Trom ferllllzer use{sepllc lankslsewaqe, natural eioslon I ADIOLC (slCAL - IpCllll iResulls are Tram 2018 to 2021 ) .TOis Ali a 24 .A 15 o -_LOBon o ' na :lFa c eposl Is
I ad :um 2: B I 12i I [ i, I I
Z (J
0.1)5 :TOS on o na la c eposi Is
.ad um :i a I i.3' I i[ i,i I 0.0 n 9 jOS on o ' na 111Tgc eposi Is ranium ..7 I I .1 ..l I 20 0 5 Ila) ETOgon o na luta tiposi Is olal CollfoTm B!lCteTla
Coliform and E.Coli Bacleiia
No. of Acu(e Violalions
Dl8TRIBunON 8Y8TEM
AVERAGE % RANGE
PO81TIVE PO81nVE
O j % 0% - 0 0 j
K O'A
DISTRIBUTION SYSTEM
AVERA(IE RANaE
0.10 NO - 0.45
PRIMARY
MCL
MCLG
or PHG
0%
0%
In ihe envltonmenl.
and animal Teail waste
iunoff
BY-PRODL1CT8 (c)
D181NFECT10N RE81DuAL8
olel Trihalomelhanes-nHMS
Acids
Residual
DISTRIBUTION 8Y8TEM
HRsHESTRUNNlN3 ,NaE
ANNUAL AVERAGE
s a o.o - g.g
12 ND-14
0 93 0.07 - 193
PRIMARY
MCL
MCLG
or PHG
oT water chlorinatlon
of ' waletdlsinfection
water disinTectant added TOT trealment
THETAP
CON8TITuENT8
sites In 2021
OISTRIBLITION SYSTEM
90TH PERCENTILE NUMBER OF SITE ACTION LEVEL
=oo.zs A=BOVooEAL ,1,153AAALLL
MCL(I
or PHCi
0.3 0.2
corrosion oT household
corrosion of household
eioslon of natural
industrial manufacturer
malenals
matenals
SECONDARY MCLG
MCL or PHCi
Dismisunos SYSTEM
AVERAGE RANGE
0.6 NDIO
ND NO
CON8T1TUENTS!
QD39(J%NACC-k@jA3:C4r3-(4=FOT3_1T9.'E5T':_J--- _,,--73 3ampledTn 2021 (IROUNDWATER
AVERMsE RANGE
PERFLUOROBUTANESULFONIC ACID
(PFBS) (nt/)
2.0 ND-3.7
PERFLUOROHEPTANOICACID (PFHpA) (ng/l) 2.4 ND-26
PERFLUOROHEXANE SULFONIC ACID
(PFHXS) (ng4)
3.7 ND-6.7
PERFLUOROHEXANOIC ACI[) (PFHxA) (ng4) 2.8 ND-5.6
PERFLUORONONANOIC ACID (PFNA) (ng4) 0.4 ND-2.2
PERFLUOFIOOCTANE SULFONIC ACID
(PFOS) (n(l)
18.8 a ND-33
PERFLUOROOCTANOIC ACID
(PFOA) (ng/l)
8.8 ND-13
H_a_rg'x_y____'_ _E!l_7____-___7.._:,'_,_____Q-
Sampled fmm 2019 io 202'l GROLINDWATER
AVERAGE RANGE
Alkalinity (mtJl) 196.9 160 - 400
Calcium (mgfl) 69.0 63 - 75
1,4 - Dioxane (ugn) (h) 0.8 ND.1.8
Magnesium (mg/l) 13.5 8.4-16.0
pH (standard unit) 7.7 7.6 - 7.9
Potassium img4) 2.9 2.4 - 3.4
Sodium (mtJl) 45.1 41 - 51
Tolal Hardness (mg4) 226.3 200 - 250
/4 37
Footnotes (Notas alpie de la p6gina)
(a) California Public Health Goal (PHG). Other advisory levels listed in this column are federal Maximum Contaminant Level Goals (MCLGs). (b) Combined Radium 226 + Radium 228 has a Maximum Contaminant Level (MCL) of 5 pCi/L. (c) Running annual average used to calculate average, range, and MCL compliance. (d) Maximum Residual Disinfectant Level (MRDL)
(e) Maximum Residual Disinfectant Level Goal (MRDLG) (f) 90th percentile from the most recent sampling at selected customer taps. (g) The secondary MCL for manganese was exceeded in one well in 2021. This well is treated forlron and Manganese. Subsequent sampling of the well after treatment reported levels in compliance and below the secondary MCL. Monthly sampling was initiated to ensure Mn levels remained below the standard. The manganese secondary MCLs are set to protect against unpleasant effects such as color, taste, odor, & staining of laundry/plumbing fixtures.
A iron or manganese secondary MCL exceedance does not pose a health risk. (h) The Notification Level of l ug/l forl4-Dioxane was exceeded in several wells in 2021. Some people who use water containing 1,4-dioxane in excess of the Notification Level over many years may experience liver or kidney problems and may have an increased risk of getting cancer, based on studies in laboratory animals. This well system monitors samples quarterly for 14-Dioxane. (i) This well system uses the spray aeration treatment technique to remove Tetrachloroethylene and Trichloroethylene from four (4) of its wells prior to distribution. The data located on the water quality table is representative from the distribution system in 2021. Water after treatment is in compliance and below the MCL.
(j) As of Septemberll 2017, the maximum contaminant for hexavalent chromium is no longer in effect.
Notification of PFOA/PFOS: PFOA and PFOS are manmade fluorinated organic chemicals that are part of a layqey group of chemicali yefened to as per- and poly-fluoroalkyl substances (PFASs) Theie substances have been synthesized for water and lipid resistance and have been used extensively in consumer products such as carpets, clothing, fabrics for fumiture, paper packaging for food. and Other materials (e.g., cookware) designed to be waterproof, stain-resistant OT nOn-ttiCk In addition, they haVe been used in fire-retarding foam and VariOuS indU5tTial pmCeSSeS In May 20T 6, the United States Environmental Protection Agency (U S. EPA) issued a lifetime health advisory for F'FOS and PFOA for drinking water, advising municipalities that they should notify their Cu(tOmerS Of the preSenCe Of levels OVer 70 PARTS per ttilliOn (PPT) or nanOgramS per liter (NG/) in COmmunit'y Water tupplieSI In August 20191 State Water ROSources Control BOard, DiViSiOn Of DrinkingWater (DDW), revised the notification leVOIS tO 6.5 ppt far PFOS and 5.1 ppt far PFOA.The tingle health adVi!OTp response level ifOT the combined values Ol PFOS and PFOA) remained at 70 ppt. On February 6, 2020, DDW issued updated drinking water response levels of l 0 ppt for PFOA and 40 ppt for PFOS baied on a running four-quarter average.
Exposure tO PFOA and PFOS overcertain levels mad result in adverse health effeCtS,including developmental effeCtS tO fetuses during pragnancy atto bTeaStfed infants (e g ,10W birth Weight, accelerated puberty; ikeletal Va}iatiOnt)4 CanCer (e.g., teSticulai; kidney), liVeT effeCtS (e.g., tiISue damage)i immune effeCti (e g., antibody production and immunity), thyroid effects and other effects (e.g., cholesterol changes)." Perfluorobutane sulfonic acid [PFBS] has a notification level of 500 ng/L (PPt). Pernuorobutane sulfonic acid expoiures resulted in decreaied thyroid hormone in pregnant female mice.
Abbreviations (Abreviaciones)
< = less than
NA = constituent not analyzed
51 = saturation index
pCi/l = picoCuries per liter
uS/cm = microSiemens per centimeter
mg/l = milligrams perliter or parts per million (equivalent to 1 drop in 42 gallons) ng/l = nanograms per liter or parts per trillion (equivalent to l drop in 42,000,000 gallons) pg/l = micrograms per liter or parts per billion (equivalent to l drop in 42,000 gallons) ND = constituent rot detected at the reporting limit NTU = nephelometric turbidity units # I
Maximum Contaminant Level (MCL):The highest level of a contaminantthat is allowed in drinking water. Primary MCLs are set as doseto the PHGs (or MCLGs) as is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.
Maximum Contaminant Level Goal (MCLG):The level of a contaminant in drinking water below which there is no known or expected riskto health. MCLGs are set by the u.s. Environmental Protection Agency.
Maximum Residual Disinfectant Level (MRDL):The highest level of a disinfectant allowed in drinking water.There is convincing evidence that addition ofa disinfectant is necessaryforcontrol microbial contaminants.
Maximum Residual Disinfectant Level Goal (MRDLG):The level of a disinfectant belowwhich there is no known or expected riskto health.
MRDLGs do not reflect the benefits ofthe use of disinfectants to control microbial contaminants.
Notification Level:The level at which notification ofthe public water system governing body is required. A health-based advisory level for an unregulate decontaminant.
Public Health Goal (PHG):The level of a contaminant in drinking water belowwhich there is no known or expected riskto health. PHGs are set bythe California Environmental Protection Agency.
TreatmentTechnique (TT):A required process intended to reducethe level ofa contaminant in drinking water.
RegulatoryAction Level (AL):The concentration of a contaminantwhich,if exceeded,triggerstreatmentorother requirements which a water system must follow.
,PrimaryDrimcingWater Standards (PDWS): MCLs-and MRDLsfor contaminants that affect health along with their monitoring and reporting requirements,and'watertreatment requirements
Secondary DrinkingWaterStandards (SDWS): MCLs and MRDLs forcontaminants thataffecttheaesthetic qualities ofdrinking water such as taste, odor, or appearance.Contaminantswith SDWSs do not affectthe health at the MCL levels.
Variances and Exemptions: Department permission to exceed an MCLornot complywith a treatment technique undercertain conditions. 38 * S O u I h
Desde 1991, las agencias proveedoras de servicios publicos de Agua de California han emitido informaci6n sobre el agua que se les sirve a sus consumidores. Este informe es una copia dela calidad del agua potable que le proporcionamos este ar'io pasado. Incluimos detalles sobre el origen de su agua, c6mo se analiza, que contiene, y c6mo se compara con los limites estatales y federales. Nos esforzamos por mantenerle informado sobre la calidad de su agua y de proporcionarle un abastecimiento confiable y econ6mico que cumpla con todos los requisitos reglamentarios. 7De D6nde Proviene MiAgua Potable?
Su agua potable proviene de pozos profundos subterr5neos locales que abastecen nuestra 5rea de servicio que muestra el mapa adjunto.
En este informe se presenta la calidad del agua que llega a su hogar. 7Cuales Son Las Normas delAgua Potable?
La Agencia federal de Protecci6n al Medio Ambiente (USEPA) impone los Itmites de las cantidades de ciertas substancias permitidas en el agua potable. En California, la Mesa Directiva de Control de Recursos de Agua Estatal (Mesa Directiva Estatal) regula la calidad de agua de la Ilave haciendo cumplir Ifmites que son al menos tan rigurosos como los de USEPA. Hist6ricamente, los Ifmites de California son mis rigurosos que los Federales.
Hay dos tipos de limites conocidos como normas. Las normas primarias lo protegen a usted de sustancias que potencialmente podrfan afectar su salud. Las normas secundarias regulan las substancias que afectan la calidad estetica del agua. Los reglamentos establecen un Nivel Maximo de Contaminantes (MCL) para cada una de las normas tanto primarias como secundarias. El MCL es el nivel mas alto de substancia permitida 7C6mo SeAnaliza MiAgua Potable?
Su agua potable se analiza regularmente revisando niveles peli- grosos de sustancias qutmicas, radioactividad y de bacteria en su origen y en el sistema de distribuci6n. Hacemos estas pruebas cada semana, cada mes, cada trimestre, y cada ario o con menos frecuen- cia, dependiendo de la sustancia. Las leyes estatales y federates nos permiten hacer pruebas a algunas sustancias menos que una vez al ario porque sus niveles no cambian frecuentemente.Todos los anali- sis de calidad de agua se Ilevan a cabo por tecnicos especialmente entrenados en laboratorios estatales certificados.
,4C6mo Intidrepr:j@to//dla,dTadbelaAgdua,In;ormacl(:in
Aunque analizamos para m,is de100 sustancias,los reglamentos nos requiereh que reportemos solo aquellas quese encuentran en su agua.
La primera columna en la tabla de la calidad de agua las sustancias detectadas en su agua. Las siguientes
la concentraci6n promedio y la variedad
hayan encontrado en su
apropiado, muestran
(/
39 * @ s * * is s * I 00 II I * @ g *
L os lugares de origen del agua potable (ambas agua de la llave y agua embotellada) incluyen rtos, lagos, arroyos, lagunas, presas, manantiales, y pozos. Conforme el agua viaja sobre la superficie de la tierra o a traves del suelo, se disuelve naturalmente y ocurren minerales y en algunas ocasiones, material radioactivo y pueden recoger sustancias generadas por la presencia de animales o por actividades humanas.
Los contaminantes que pueden existir en los lugares de origen del agua incluyen:
* Cgn:r:n7n;e7;:7::;Hs,;;H
que pueden venir de las plantas
de tratamiento de aguaS
negras, de los sistemas s6pticos,
de las operaciones de
ganaderfa, y de la vida silvestre;
6 Ccoomntoamiains asnatieeSs y mineotarigeasniqcouse,
pueden ocurrir naturalmente o
como resultado del desagiie
pluvial, industrial, o de alcantaril-
lado, producci6n de gas natural y
petr61eo, minerfa o agricultura
de petr61eo, y que pueden provenir de las estaciones de gasolina, desagi:es pluviales urbanos, aplicaci6n de agricultura y de sistemas septicos; 4p pPeuSe'sCednavSe%r hdeerbv'acri"aass'fueronstescutaa:eess como la agricultura, del desagGe
pluvial, y de usos residenciales;
pueden ser resultados de las activi-
dades de la producci6n
de gas natural y minerfa.
Para poder asegurar de que el agua de la Ilave ses segura para beberse, la Agencia de Protecci6n Ambiental de Los Estados Unidos (USEPA) y la Mesa Directiva de Control de Recursos de Agua Estatal (Mesa Directiva Estatal) ordenan reglamentos que limitan la cantidad de ciertos contaminantes en el agua proporcionada por los sistemas de agua pi:iblica. Los reglamentos de la Mesa Directiva Estatal tambien establecen los Ifmites para contaminantes en el agua embotellada que debe proporcionar la misma protecci6n para la salud pGblica.
Es muy probable que toda el agua potable, incluyendo el agua embotellada, pueda contener cantidades pequerias de algunos contaminantes. La presencia de estos contaminantes no necesariamente indica que haya algi:in riesgo de salud. Usted puede obtener m,is informaci6n acerca de estos contaminantes y los posibles efectos a la salud llamando a la Ltnea Directa de Agua Potable Segura al telefono (1-800-426-4791 ).Tambien puede usted obtener mis informaci6n sobre el agua potable conectandose alos siguientes sitios web:
*P6gina federal de la USEPA- https://www.epa.gov/ground-water-and-drinking-water/safe-drinking-water-information *SitioWebdelaMesaDirectivaEstatal-https://www.waterboards.ca.gov/drinkingwater/certlic/drinkingwater/Chemicalcontaminants.html Los niveles elevados de plomo, si estos estuvieran presentes, pueden causar serios problema de salud sobre todo para mujeres embarazadas y nirios. El plomo en el agua potable viene principalmente de materiales y componentes asociados con lineas de servicios y plomeria residencial. La Ciudad de South Gate es responsable de proporcionar el agua potable de alta calidad pero no puede controlar la variedad de materiales usados en los componentes de plomerfa. Cuando su agua ha estado asentada durante varias horas, usted puede minimizar el potencial para la exposici6n de plomo dejando correr su agua de su llave durante 30 segundos a 2 minutos antes de usar el agua para beber o cocinar. Si usted esta preocupado por el plomo en su agua, usted puede elegir que le hagan pruebas a su agua. lnformaci6n acerca del plomo en el agua potable, metodos de las pruebas y pasos que usted puede tomar para minimizar ser expuesto estan disponibles en la Linea Directa de Agua Potable Segura o en http://www.epa.gov/safewater/lead.
Algunas personas pueden ser mis vulnerables que otros a los contami- nantes en el agua potable. Las personas que tienen problemas inmunol6gicos, tales como personas que esten en tratamiento para el cancer como la quimioterapia, personas que han tenido trasplantes de6rganos,o personas conVIH/SIDA uotros desordenes inmunol6gicos, personas de edad avanzada y los beb6s pueden ser particularmente susceptibles a correr riesgo a ciertas infecci6nes. Estas personas deben de consultar a sus proveedores de salud medica para que les guien sobrequeagua beber. Los centrosdela USEPA para el Control de Enfermedades tienen una gufa acerca de los medios adecuados para disminuir los riesgos de infecci6n di Cryptosporidium y otros contaminantes microbianos y estan disponibles por la USEPA en la Lfnea Directa deAgua PotableSegura en el tel6fono (1-800-426-4791).
40 Evaluaci6n Del prigen DelAgua
En el 2003, La ciudad de South Gate condujo una evaluaci6n de su suministro de agua subterranea e hizo una enmienda en el 2016 para incluir el nuevo Pozo 29.Los suministros de agua subterranea son considerados como los mis vulnerables para los pozos de abastecimiento de agua ylas siguientes actividades: tintorer!as,lavado de coches, talleres mecanicos, terminales de autobuses, estacionamientos / centros comerciales, reparaci6n de auto domesticos, edificios de oficinas, patios de alquiler, viviendas de alta densidad, centros de reciclaje, apartamentos y condominios, escuelas, calles/ caminos, alcantarillas y drenajes, y oficinas/ clfnicas medicas/ dentales. Puede obtener una copia de la evaluaci6n aprobada llamando al Gerente de Operaciones de Agua de South Gate, Ramiro Hern,indez al (323) 563-5796.
El publico en general est5 invitado a asistir a reuniones del Concejo Municipal cada segundo y cuarto martes de cada mes a las 6:30 p.m. en la sala principal del Concejo en el Ayuntamiento en el 8650 California Avenue, South Gate, CA 90280.
Si tiene preguntas especfficas sobre la calidad del agua potable, por favor p6ngase en contacto con Ramiro Hern,indez, Encargado de Operaciones de Agua de South Gate, al (323) 563-5796.
Algunos Consejos Otiles Para ConservarAgua
* Arregle las Ilaves que goteen en su casa - ahorre hasta 20 galones de agua diario por cada gotera que evite. 4 Ahorran entre 15 y 50 galones cada vez que lave porciones maximas al lavar su ropa. * Ajuste su sistema de rociadores para que el agua caiga en su jardfn o cesped y no en la acera o area de estacionamiento - ahorre 500 gallones de agua por mes. k Use el estiercol organico alrededor de plantas para reducirla evaporaci6n - ahorre cientos de galones al ario. 4 Visite http://www.epa.gov/watersense para obtener mis informaci6n.
La Ley de Agua Potable requiere que la Agencia de Protecci6n del Medio Ambiente (EPA) identifique contaminantes no regulados para las regulaciones potenciales. Cada cinco anos, EPA identifica una lista de contaminantes no regulados que deben ser monitore- ados porlos servicios de agua de la naci6n durante un periodo de tres ar'ios. Esto ocurri6 en 2018-2020 con la cuarta UCMR (UCMR-4). En 2018, la Ciudad de South Gat@-comenz6 a monitoreat un total de 30 contaminantes quimicos de sus pozos de agua con una muestra correspondiente del sistema de distribuci6n que refleja el agua de cada pozo y no se encontraron detecciones. Una vez que EPA haya obtenido estos datos de ocurrencia a nivel nacjonal, estan obligados a determinar si existe una oportunidad signif)cativapara aumentarla salud. Una vez que EPA haya obtenido estos datos de; ocurrencia a nivel nacional, est6n obligados a determinar si existe una oportunidad significativa para aumentar protecci6n de la salud del agua potable mediante la regulaci6n de estos contaminantes. Los resultados de este seguimiento se dar5n a conocer en el Informe de Confianza del Consumidor hasta 2021.
Visitenos en la p5gina: www.cityofsouthgate.org
41 Item No. 3
C1TYMANAGER'S'OFflCEziyoy5oul4gate
NOV ! & 2022 CITY COUNCIL
5 Dop M
AGENJDA EnILL
For the Regular Meeting of: November 22, 2022
Originating epartment: Community Development
Department Director:
Chris e ers
SUBJECT: ORDINANCE 2022-10-CC AMENDING TITLE 9 (BUILDINGS), OF THE
SOUTH GATE MUNICIPAL CODE, IN ITS ENTIRETY BY ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA CODES OF REGULATIONS, TITLE 24 AND THE 2021 EDITION OF THE UNIFORM SOLAR, HYDRONICS AND GEOTHERMAL AND THE 2021 EDITION OF SWIMMING POOL,
SPA AND HOT TUB CODES PUBLISHED BY THE INTERNATIONAL ASSOCIATION
OF PLUMBING AND MECHANICAL OFFICIALS
PURPOSE: To adopt new State Building Codes which are mandated for statewide enforcement on January 1, 2023.
RECOMMENDED ACTION: The City Council will consider waiving the reading in full and adopting Ordinance No. 2022-10-CC amending certain chapters and sections of Title 9 (Buildings) of the South Gate Municipal Code by adopting by reference the 2022 California Codes of Regulations, Title 24 ("2022 Building Standards Code") and the 2021 International Association of Plumbing and Mechanical Officials Codes.
FISCAL IMPACT: It is estimated that the cost for staff training and the purchase of the 2022 California Building Standards Code books for City staff will be $9,000. This amount will be expended from funds included in the FY 2022-2203 Budget (100-602-42-6305 and 100-602-42- 6340).
The new State Building Codes have significant changes from previous editions and will require training of Building and Safety Division staff, design professionals and contractors in coming months. Training on the new codes is currently available through a number of professional associations including the International Code Council (ICC), the International Association of Plumbing and Mechanical Officials (IAPMO), the International Association of Electrical Inspectors (IAEI), and the California Building Officials (CALBO).
ANALYSIS: In accordance with state law, the 2022 edition of the California Building Standards Code has been adopted by the State Building Standards Commission and published in the California Code of Regulations, Title 24 ("2022 Building Standards Code"). l
42 State law mandates that California jurisdictions enforce the 2022 Building Standards Code, effective January 1, 2023, for all new building constructions in California. While the California Building Standards Commission adopts building code standards to be used statewide, City Council action to adopt these codes at a local level is also part of the code adoption process.
Adoption of these codes by the City allows for the inclusion of administrative provisions and limited amendments to the state codes. State law permits local jurisdictions to make modifications to the state codes that are reasonably necessary because of local conditions provided the City makes express findings that the changes are needed because of climatic, geologic or topographic conditions. The proposed Ordinance contains the adoption of these codes and administrative provisions for the enforcement of the codes. The Ordinance makes findings regarding local geographic, climatic and topographic conditions that make the amendments to the state codes reasonably necessary for building construction in the City.
In accordance with state law, the 2021 edition of the Uniform Swimming Pool, Spa and Hot Tub Code and the 2021 edition of the Uniform Solar, Hydronics and Geothermal Code were adopted by the State Building Standards and published by the International Association of Plumbing and Mechanical Officials.
Administrative provisions of the California Building Standard Codes are adopted and include past amendments carried forward as recommended by the City's Building Official. Such amendments include provisions regarding permits, fees, inspections, completion of residential remodeling and Board of Appeals proceedings. The City has not made any amendments to building, residential, plumbing and electrical codes for over twelve years. The sections for the numerical order for the proposed ordinance have changed to match the format of the 2022 California Code of Regulations; the context has not changed. A Summary of existing amendments carried forward are provided as Attachment B.
BACKGROUND: The state's Building Standard Codes have been subject to a series of major transformation since the 2001 International Code Council (ICC) model codes were introduced.
The 2022 State Codes utilize the most up to date code documents which have been developed through a national code development process. These construction codes include the California Administrative, Building, Residential, Electrical, Plumbing, Mechanical, Energy, Historical Building, Existing Building, Reference standards and Green Building Standards as well as other related codes.
Adoption of Ordinance No. 2022-10-CC incorporates the 2022 Building Standards Codes and the 2021 International Association of Plumbing and Mechanical Officials (IAPMO) codes which will keep the City's building regulations consistent with those of the State. They provide minimum standards to safeguard life or limb, health, property and public welfare. The proposed Ordinance is necessary to keep us in compliance with State regulations while allowing the City to properly address special local conditions.
ENVIRONMENTAL ASSESSMENT: Environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378), Title 14, California Code of Regulations, because adoption of the proposed Ordinances has no potential for resulting in a physical change to the environment, directly or indirectly. 2 43
NOTICING REQUIREMENTS: A public hearing notice was published in South Gate Press on October 17, 2022. Information regarding the adoption of the 2022 California Building Code and local training opportunities are available at the Community Development/Building and Safety Division Website.
The new 2022 California Code of Regulations, Title 24 is available for review at California Building Standards Commission website: www.dgs.ca.gov/BSC/Codes. Bilingual public information is currently posted in the Department of Community Development containing important information regarding this ripcoming change to construction codes used in the State of Califotania and their effective date. Requests to review the 2022 Edition of the Califoipia Code of Regulations are available through the City Clerk's Office.
ATT ACHMENTS: A.
B.
C.
D.
Ordinance No. 2022-10-CC
Summaiy of South Gate Amendments
Notice of Public Hearing for Proposed Ordinance
Advisories and Code Updates information
3 44
Attachment A
ORDINANCE N0. 2022-10-CC
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE AMENDING TITLE 9 (BUILDINGS), OF THE SOUTH
GATE MUNICIPAL CODE, IN ITS ENTIRETY BY ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA CODES OF REGULATIONS, TITLE 24 AND THF, 2021 EDITION OF THE TJNIFORM SOLAR, HYDRONICS AND GEOTHERMAL AND THE 2021 EDITION OF
SWIMMING POOL, SPA AND HOT TUB CODES PUBLISHED BY THE
INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL
OFFICIALS
WHEREAS, a duly noticed public hearing concerning this matter was held as required by law on October 17, 2022, and
WHEREAS, in accordance with state law, the 2022 Edition of the California Building Standards Code has been adopted by the State Building Standards Commission and published in the California Code of Regulations, Title 24 ("2022 Building Standards Code"). The new California Building Codes are mandated for statewide enforcement on January 1, 2023; and WHEREAS, the City may amend the California Building Codes ("Building Codes") based on local geologic, climatic or topographic conditions. The proposed ordinance adopts the Building Codes prescribed by state law, adopts amendments to those codes based on local conditions and adopts administrative provisions for the enforcement of the Building Codes. The proposed ordinance adopts findings and changes to the California Building Codes reasonably necessary for building occupancies in the City; and
WHEREAS, State law mandates that California jurisdictions enforce the 2022 Building Standards Code, effective Jatuary 1, 2023, for all new building construction in California; and WHEREAS, while the California Building Standards Commission adopts building code standards to be used statewide, City Council action to adopt the codes at a local level is also part of the code adoption process. Adoption by the City allows for the inclusion of administrative provisions and limited amendments to the state codes. State law permits local jurisdictions to make modifications to the state codes that are reasonably necessary because of local conditions provided the City makes express findings that the changes are needed because of climatic, geologic or topographic conditions. The proposed ordinance contains the adoption of the codes, administrative provisions for the enforcement of the codes, and amendments to the codes based on local conditions; and WHEREAS, the City Council may choose not to adopt the Building Codes with local amendments. This would mean that only the State codes could be enforced and the previous local amendments would no longer be enforceable; and
WHEREAS, the new State Building Codes have significant improvements from previous editions and will require training of Building and Safety Division staff, design professionals and Page l of 19
fA 45
contractors in coming months which is currently available through a number of professional associations including the International Code Council (ICC), the International Association of Plumbing and Mechanical Officials (IAPMO), the International Association of Electrical Inspectors (IAEI), and the California Building Officials (CALBO).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 9 (Buildings), Chapter 9.01 (Administrative Code), Section 9.01.010 (Adoption by Reference of the Califomia Administrative Code) of the South Gate Municipal Code is hereby amended to read as follows:
"CHAPTER 9.01
ADMINISTRATIVE CODE
Sections:
9.01.010
9.01.020
Adoption by Reference of the California Administrative Code.
Violations and Penalties.
"9.01.010 Adoption by Reference to the California Administrative Code.
Except as provided herein, the 2022 Edition of the State of California Administrative Code (California Code of Regulations, Title 24, Part 1), including any amendments and appendices thereof, as promulgated and published by the California Building Standards Code, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "the Administrative Code of the City of South Gate" ("Administrative Code" herein). Requests to review the 2022 Edition of the California Administrative Code are available through the City Clerk's Office. "9.01.020 Violations and Penalties.
Any person violating any of the provisions of the California Administrative Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the California Building Code is committed, continued or pern'iitted. Upon conviction, any such violation shall be punishable as provided for in Title 1 of this Code." SECTION 2. Title 9 (Buildings), Chapter 9.02 (Building Code), Section 9.02.010 (Adoption by Reference of the California Building Code), Section 9.02.020 (Violations and Penalties), and Section
9.02.030 (Amendments to Building Code) of the South Gate Municipal Code are hereby amended to read as follows:
"CHAPTER 9.02
BUILDING CODE
Sections:
9.02.010
9.02.020
9.02.030
Adoption by Reference of the California Building Code.
Violations and Penalties.
Amendments to the California Building Code.
46 "9.02.010 Adoption by Reference of the California Building Code.
Except as provided herein, the 2022 Edition of the State of California Building Code (California Code of Regulations, Title 24, Part 2) including Appendix F, Rodent Proofing; Appendix H, Signs; Appendix I, Patio Covers and Appendix J, Grading; based in the 2021 International Building Code, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "the Building Code of the City of South Gate" ("Building Code" herein). Requests to review the 2022 Edition of the Califomia Building Code are available through the City Clerk's Office. "9.02.020 Violations and Penalties.
Any person violating any of the provisions of the California Building Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Califoi'nia Building Code is committed, continued or permitted. Upon conviction, any such violation shall be punishable as provided for in Title l of this Code."
"9.02.030 Amendments to the California Building Code.
Notwithstanding the provisions of Section 9.02.010, the 2022 Edition of the California Building Code is hereby amended by:
A. Amending Subsection 103.1 (Code Compliance Agency) of Part 2-Administration and Enforcement, Section 103 (Department of Building and Safety) in its entirety to read as follows:
Sectionl03.l CreationofEnforcementAgency
There is hereby established in the City of South Gate a Code Compliance Agency. Said Code Compliance Agency shall be the Division of Building and Safety under the direction of the Director of Community Development. The official in charge shall be the Building Official.
B. Adding Items 8 and 9 to Subsection [A]105.3 (Applicatiori for permit') of Section 105 (Permits) to read as follows:
[A]105.3 Applicationforpermit.
8. Where a license is required by the State of California, no permit shall be issued unless the applicant has such a license.
9. A separate application shall be required for each building.
C. Adding a new Subsection [A]105.5.2 (Expiration) of Section [A]105.5 (Expiration) of Chapter 1 (Scope and Administration) of the California Building Code to read as follows:
[A]105.5.2 Expiration.
Eveiy permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred and eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that
ty
47 such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full pertnit fee.
A peimittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the pertnittee for a period not exceeding one hundred and eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits shall not be extended more than once.
The permit shall expire two (2) years from the date of issuance. Before any work can be continued after such expiration, a new permit shall first be obtained.
D. Adding a new Subsection [A] 105.8 (Permit Refusal) to Section 105 (Permits) to read as follows:
[A]105.8 PermitRefusal.
If upon demand of the Building Official, the applicant is unable to produce evidence that the applicant has complied or is complying with all State or City laws governing or regulating the erection, construction, enlargement, alteration, repair, removal, conversion, or maintenance of buildings or structures, or governing or regulating the persons engaging in such activities, including all safeguards required for the protection of the City, the public, employees of the applicant, or other persons, such as bonds, insurance, licensing, and other specific requirements which may be required by City ordinance or State law, then the Building Official shall refuse to issue a permit required under any Technical Codes of this Title 9.
PRE-REQUISITES: Before any permit is issued (except for minor remodeling or repair of any existing structure), it shall appear to the Building Official that all ordinances and regulations of the City pertaining to zoning, public works, subdivisions, precise plans, specific plans, setback lines, fire, health, and other matters, which are applicable to the property for which the pertnit is sought, have been complied with, and that the issuance of the permit will not result in the contravention of any ordinance, law, rule or regulation of the City, including the technical codes of this Title 9.
E. Adding a new Subsection [A]105.9 (Permits Required) to Section 105 (Permits) to read as follows:
[A]105.9 Permits Required.
A list of all subcontractors and material men who are performing work or fiirnishing materials shall be provided before work is commenced under the permit. If any subcontractors or material men to be used on the project are not known at the time of application, their names and addresses shall be supplied to the Department of Community Development/Division of Building and Safety within ten (10) days after any subcontractor or material man is selected by the contractor.
No final inspection shall be made, no certificate of occupancy shall be issued, and no building or structure shall be used or occupied unless all provisions of this Section have been complied with.
48 F. Adding a new Subsection [A]107.6 (Plan Review Fees) of Section 107 (Construction Documents:) to read as follows:
[A]107.6 PlanReviewFees.
The plan review fees are separate fees from the permit fees specified in Section 109 (Fees), and are in addition to the peimit fees. The plan review fees shall be paid in accordance with the fee resolution of the South Gate Municipal Code."
G. Adding a new Subsection [A]109.7 (Double Fees) to Section 109 (Fees) to read as follows:
[A]109.7 DoubleFees.
When any work for which a permit is required by any technical code set forth in this Title 9 is commenced prior to obtaining a required permit, the fees specified under the provisions of such technical code shall be doubled, but in no event shall they be less than ninety-eight dollars ($98.00). The payment of such double fees shall not release any person from complying with the requirements of any technical code set forth in this Title 9, nor from any penalties prescribed therein. The additional fees are imposed solely for the purpose of reimbursing the City for the additional work involved with the inspection, regulation and administration of the applicable provisions of the technical codes set forth in this Title 9.
H. Adding new Subsections [A] 110.7 and [A] 110.8 to Section 110 (Inspections) to read as follows:
[A]110.7 Permission to Cover Work.
It shall be unlawful to lath over, seal, cover or otherwise conceal any improvement which is regulated by the provisions of a technical code set forth in this Title 9 and for which a permit is required, until such improvement has been inspected and approved by the Administrative Authority or his designee. The Administrative Authority, or his designee, shall have the authority to remove, or to require the removal of, any obstruction which prevents complete inspection of any work of improvement.
[A]110.8 Corrections
All installations not in compliance with the requirements of any technical code of this Title 9 shall be corrected within ten (10) days after inspection notification, or within such other reasonable period of time as may be authorized by the Administrative Authority. Failure to comply shall be sufficient cause for the refusal of the Administrative Authority to issue any additional permit until all conections have been made.
I. Adding a new Subsection [A] 111.5 to Section Ill (Certificate of Occttpancy for Existing Non-Residential Structures) to read as follows:
[A] 111.5 Certificate of Occupancy for Existing Non-Residential Structures.
A certificate of Occupancy will be required for new business license applications. An inspection of the premises will be conducted to determine compliance with existing city codes; upon inspection approval a certificate of occupancy will be issued to the new business.
J. Adding a new Subsection [A]112.4 to Section 112 (Service Utilities) to read as follows:
[A]112.4 Connections.
No serving agency shall furnish or supply any utilities energization of a work or improvement regulated by any technical code set forth in this Title 9 until authorized by the
49 Administrative Authority.
SECTION 3. Title 9 (Buildings), Chapter 9.03 (Electrical Code), Section 9.03.010 (Adoption by Reference of the Califoinia Electrical Code), Section 9.03.020 (Violation and Penalties), and Section 9.03.030 (Amendments to Electrical Code) of the South Gate Municipal Code are hereby amended to read as follows:
"CHAPTER 9.03
ELECTRICAL CODE
Sections:
9.03.010
9.03.020
9.03.030
Adoption by Reference to the California Electrical Code.
Violations and Penalties.
Amendments to the California Electrical Code.
GG9.03.010 Adoption by Reference of the California Electrical Code.
Except as provided herein, the 2022 Edition of the State of California Electrical Code (California Code of Regulations, Title 24, Part 3) based in the 2020 National Electrical Code, including any amendments and annexes thereof, as promulgated and published by the National Fire Protection Association, Inc., is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "the Electrical Code of the City of South Gate" ("Electrical Code" herein).
Requests to review the 2022 Edition of the California Electrical Code are available through the City Clerk's Office.
"9.03.020 Violations and Penalties.
Any person violating any of the provisions of the California Electrical Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the California Electrical Code is committed, continued or permitted. Upon conviction, any such violation shall be punishable as provided for in Title l of this Code."
"9.03.030 Amendments to California Electrical Code.
Notwithstanding the provisions of Section 9.03.010, the 2022 Edition of the California Electrical Code is hereby amended by:
A. Adding a new subsection (C) to Section 90-8 (Wiring Planning) of Article 90 (Introduction) of the electrical code to read as follows:
(C) Wiring to be in an Underground System.
Supply wiring for or to accessory uses, accessory buildings, yard lights, and post signs shall be in an underground system.
B. Adding a new Section 225-28 to Article 225 (Outside Branch Circuits and Feeders) of the Electrical Code to read as follows:
225-28 0utdoor Installations
All yard wiring shall be installed underground, except for festoon lighting, temporary lighting or
Cl 50
wires serviced by a public utility.
C. Adding a new Section 250-52 (9): (Grounding Electrode System for New and Existing Construction) of Article 250 (Grounding and Bonding) of the Electrical Code to read as follows:
250-52 (9) Grounding Electrode System for New and Existing Construction (A)New Construction
In addition to the requirements of Section 250-52, one or more copper or non-ferroris rods, as described in Table 250.66, shall be placed along the bottom of a concrete foundation, or in a building foundation trench, tensioned and supported in such a manner that it will not be less than 3 inches from the bottom or sides of the foundation, with one end terminating twelve inches (12") above the foundation sill plate or finished floor, beneath or adjacent to the main service switch panel.
Where building pier footings are used instead of a continuous foundation, service grounding shall be accomplished by fusion welding of the ground conductor to a veitical electrode which reached to within three inches (3") of the bottom of the piers.
All grounding conductors shall be electrically bonded together and connected to the property's water system and electrical service equipment.
(B) Existing Construction
Any change, alteration or remodeling of existing electrical service equipment shall require a ground electrode to be provided in accordance with Table 250-66.
The driven ground electrodes may be galvanized pipe, not less than three-quarter inch pipe size, or copper-coated rod, not less than five-eights of an inch (5/8") in diameter; driven vertically eight feet (8') or more into the ground.
Whenever more than one ground electrode is required, they shall be not less than six feet (6') apart from each other, or from any other electrode, including those used for single circuits, radio, telephone, lighting rods or any other purpose.
Where more than one electrode is required, they shall be bonded together in the same manner and with the same material as specified for pipe rod electrodes. Driven electrodes shall be of one piece.
Such pipes or rods shall have clean metal surfaces and shall not be covered with paint, enamel, or other non conducting materials.
D. Adding a new subsection (D) to Section 300-1 (Scope) of Article 300 (Wiring Methods) of the Electrical Code to read as follows:
Installation Requirements.
All wiring installed in or on building or structures, other than residential or residential accessory buildings, shall be in a metal protected raceway or cable wiring system; provided, however, that equivalent installations may be authorized when requested in writing and approved in advance by
SD 51
the Building Official."
SECTION4. Title9(Buildings),Chapter9.04(MechanicalCode),Section9.04.OlO (Adoption by Reference of the California Mechanical Code) and Section 9.04.020 (Violations and Penalties) of the South Gate Municipal Code is hereby amended to read as follows:
"CHAPTER 9.04
MECHANICAL CODE
Sections:
9.04.010
9.04.020
Adoption by Reference to the California Mechanical Code.
Violations and Penalties.
"9.04.010 Adoption by Reference to the California Mechanical Code.
Except as provided herein, the 2022 Edition of the State of California Mechanical Code (California Code of Regulations, Title 24, Part 4) based in the 2021 Uniform Mechanical Code, including any amendments and appendices thereof, as promulgated and published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference as though fully set foith herein, and shall constitute and is hereby established as "the Mechanical Code of the City of South Gate" ("Mechanical Code" herein). Requests to review the 2022 Edition of the California Mechanical Code are available through the City Clerk's Office.
"9.04.020 Violations and Penalties.
Any person violating any of the provisions of the California Mechanical Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the California Mechanical Code is committed, continued or permitted. Upon conviction, any such violation shall be punishable as provided for in Title 1 of this Code."
SECTION 5. Title 9 (Buildings), Chapter 9.05 (Plumbing Code), Section 9.05.010 (Adoption by Reference of the California Plumbing Code), Section 9.05.020 (Violations and Penalties), and Section 9.05.030 (Amendments to Plumbing Code) of the South Gate Municipal Code are hereby amended to read as follows:
"CHAPTER 9.05
PLUMBING CODE
Sections:
9.05.010
9.05.020
9.05.030
Adoption by Reference to the California Plumbing Code.
Violations and Penalties.
Amendments to the California Plumbing Code.
G'9.05.010 Adoption by Reference of the California Plumbing Code.
Except as provided herein, the 2022 Edition of the State of California Plumbing Code (California Code of Regulations, Title 24, Part 5) based in the 2021 Uniform Plumbing Code, including any amendments and appendices thereof, as promulgated and published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference as though fully set forth herein,
52 and shall constitute and is hereby established as "the Plumbing Code of the City of South Gate" ("Plumbing Code" herein). Requests to review the 2022 Edition of the Califoiwia Plumbing Code are available through the City Clerk's Office.
"9.05.020 Violations and Penalties.
Any person violating any of the provisions of the California Plumbing Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or poition thereof, during which any violation of any provision of the California Plumbing Code is committed, continued or permitted. Upon conviction, any such violation shall be punishable as provided for in Title l of this Code."
"9.05.030 Amendments to Plumbing Code.
Notwithstanding the provisions of Section 9.05.010, the 2022 Edition of the California Plumbing Code is hereby amended by:
A. Adding a new subparagraph 1014.3.4.4 (Outdoor Location) to subsection 1014.3.4 (Location) of Chapter 10 (Traps and Interceptors) of the Plumbing Code to read as follows:
1014.3.4.4 Outdoor Location
Each new grease trap shall be on the outside of all structures on the premises and shall be readily accessible for servicing and maintaining the grease trap in working and operation condition. The use of ladders or the removal of bulky equipment in order to set-vice grease traps shall be deemed to be a lack of accessibility. The location of all grease traps in the interior of a building or structure shall be permitted by the building official only when, in his judgment, there is insufficient space on the exterior of a building or structure to install an adequate grease trap. As used herein, the term "adequate grease trap" shall mean a grease trap of sufficient capacity to intercept anticipated quantities of grease generated by a business over at least a twenty-four (24) hour period." SECTION 6. Title 9 (Buildings), Chapter 9.06 (Energy Code), Section 9.06.010 (Adoption by Reference of the California Energy Code) and Section 9.06.020 (Violations and Penalties) of the South Gate Municipal Code is hereby amended to read as follows:
"CHAPTER 9.06
ENERGY CODE
Sections:
9.06.010
9.06.020
Adoption by Reference to the California Energy Code.
Violations and Penalties.
"9.06.010 Adoption by Reference to the California Energy Code.
Except as provided herein, the 2022 Edition of the State of California Energy Code (California Code of Regulations, Title 24, Part 6), including any amendments and appendices thereof, as promulgated and published by the California Energy Code, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "the Energy Code of the City of South Gate" ("Energy Code" herein). Requests to review the 2022 Edition of the California Energy Code are available through the City Clerk's Office.
53 "9.06.020 Violations and Penalties.
Any person violating any of the provisions of the Califomia Energy Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and evetay day, or portion thereof, during which any violation of any provision of the Energy Code is committed, continued or permitted. Upon conviction, any such violation shall be punishable as provided for in Title 1 of this Code."
SECTION 7. Title 9 (Buildings), Chapter 9.07 (Residential Code), Section 9.07.010 (Adoption by Reference of the California Residential Code), Section 9.07.020 (Violations and Penalties) and Section 9.07.030 (Amendments to the Residential Code) of the South Gate Municipal Code is hereby amended to read as follows:
"CHAPTER 9.07
RESIDENTIAL CODE
Sections:
9.07.010
9.07.020
9.07.030
Adoption by Reference to the California Residential Code.
Violations and Penalties.
Amendments to the Residential Code.
"9.07.010 Adoption by Reference to the California Residential Code.
Except as provided herein, the 2022 Edition of the State of California Residential Code (Califoniia Code of Regulations, Title 24, Part 2.5), including any amendments and Appendix AI - Patio Cover and Appendix AJ - Existing Buildings and Structures, thereof, as promulgated and published by the California Building Standards Code, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "the Residential Code of the City of South Gate" ("Residential Code" herein). Requests to review the 2022 Edition of the California Residential Code are available through the City Clerk's Office.
"9.07.020 Violations and Penalties.
Any person violating any of the provisions of the Residential Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Residential Code is committed, continued or permitted. Upon conviction, any such violation shall be punishable as provided for in Title 1 of this Code."
"9.07.030 Amendments to California Residential Code.
Notwithstanding the provisions of Section 9.07.010, the 2022 Edition of the California Residential Code is hereby amended by:
A. Adding Item 8 and 9 to Subsection R105.3 (Application for permit') of Section R105 (Permits) to read as follows:
R105.3 Application for permit.
8. Where a license is required by the State of California, no permit shall be issued unless the applicant has such a license.
54 9. A separate application shall be required for each building.
B. Adding a new Subsection R105.5.2 (Expiration) of Section R105.5 (Expiration) of Chapter I Scope and Application, Division II Administration, Pait 2 - Administration and Enforcement of the California Residential Code to read as follows:
R105.5.2 Expiration.
Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work arithorized by such pertnit is not commenced within one hundred and eighty (180) days from the date of such peiuiit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
A permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred and eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Pertnits shall not be extended more than once.
The permit shall expire two (2) years from the date of issuance. Before any work can be continued after such expiration, a new permit shall first be obtained.
C. Adding a new Subsection R105.10 (Permits Required) to Section R105 (Permits) to read as follows:
R105. 10 Permits Required.
A list of all subcontractors and material men who are performing work or furnishing materials shall be provided before work is commenced under the permit. If any subcontractors or material men to be used on the project are not known at the time of application, their names and addresses shall be supplied to the Department of Community Development/Division of Building and Safety within ten (10) days after any subcontractor or material man is selected by the contractor.
No final inspection shall be made, no certificate of occupancy shall be issued, and no building or structure shall be used or occupied unless all provisions of this Section have been complied with.
D. Adding a new Subsection R105. 11 (PermitRefitsal) to Section R105 (Permits) to read as follows:
R105.11 PermitRefusal.
If upon demand of the Building Official, the applicant is unable to produce evidence that the applicant has complied or is complying with all State or City laws governing or regulating the
55 erection, construction, enlargement, alteration, repair, removal, conversion, or maintenance of buildings or structures, or governing or regulating the persons engaging in such activities, including all safeguards required for the protection of the City, the public, employees of the applicant, or other persons, such as bonds, insurance, licensing, and other specific requirements which may be required by City ordinance or State law, then the Building Official shall refuse to issue a pernnit required under any Technical Codes of this Title 9.
PRE-REQUISITES: Beforeanypermitisissued(exceptforminorremodelingorrepairofany existing structure), it shall appear to the Building Official that all ordinances and regulations of the City pertaining to zoning, public works, subdivisions, precise plans, specific plans, setback lines, fire, healtli, and other matters, which are applicable to the property for which the pet-mit is sought, have been complied with, and that the issuance of the permit will not result in the contravention of any ordinance, law, rule or regulation of the City, including the technical codes of this Title 9.
E. AddinganewSubsectionRl06.6(?/anAeviei=itfflees)toSectionRl06(Constrttctionnoctm;erits) to read as follows:
"R106.6 Plan Review Fees.
The plan review fees are separate fees from the permit fees specified in Section [A]108, and are in addition to the permit fees. The plan review fees shall be paid in accordance with the fee resolution of the South Gate Municipal Code."
F. Adding a new Subsection R108.7 (Double Fees) to Section R108 (Fees) to read as follows:
R108.7 Double Fees.
When any work for which a permit is required by any technical code set forth in this Title 9 is commenced prior to obtaining a required permit, the fees specified under the provisions of such technical code shall be doribled, but in no event shall they be less than ninety-eight dollars ($98.00). The payment of such double fees shall not release any person from complying with the requirements of any technical code set forth in this Title 9, nor from any penalties prescribed therein. The additional fees are imposed solely for the purpose of reimbursing the City for the additional work involved with the inspection, regulation and administration of the applicable provisions of the technical codes set forth in this Title 9.
G. Adding new Subsections R109.5 and R109.6 to Section R109 (Inspections) to read as follows:
R109.5 PermissiontoCoverWork.
It shall be unlaw'ful to lath over, seal, cover or otherwise conceal any improvement which is regulated by the provisions of a technical code set forth in this Title 9 and for which a permit is required, until such improvement has been inspected and approved by the Administrative Authorityorhisdesignee. TheAdministrativeAuthority,orhisdesignee,shallhavetheauthority to remove, or to require the removal of, any obstruction which prevents complete inspection of any work of improvement.
R109.6 Corrections
All installations not in compliance with the requirements of any technical code of this Title 9 shall be corrected within ten (10) days after inspection notification, or within such other
56 reasonable period of time as may be authorized by the Administrative Authority. Failure to comply shall be sufficient cause for the refiisal of the Administrative Authority to issue any additional permit until all corrections have been made.
H. Adding a new Subsection R111.4 to Section Rl 11 (Service Utilities) to read as follows:
R111.4 Coru'iections.
No serving agency shall furnish or supply any utilities energization of a work or improvement regulated by any technical code set forth in this Title 9 until authorized by the Administrative Authority.
I. AmendingSectionRll2(8oardo74ppea7s)initsentiretytoreadasfollows:
R112.1 BOARDOFAPPEALSCREATED;MEMBERSHIP;DECISIONS
CREATING THE BOARD OF APPEALS.
1. There is hereby established a Board of Appeals consisting of five (5) members, all of whom shall be duly appointed members of the City Planning Commission. The Building Official shall be an ex-officio member and shall act as Secretary to the Board of Appeals.
2. The Board of Appeals shall be authorized to construe and to interpret the provisions of the Technical Codes set forth in Title 9 of this Code, and to make determinations as to whether proposed alternate construction materials or methods of construction are equivalent or superior to those required or authorized by any of such Technical codes.
3. The Board of Appeals shall adopt rules and regulations relating to the conduct of its inquiries and investigations.
4. All decisions and determinations of the Board of Appeals shall be submitted in writing to the Building Official, and a copy thereof shall be delivered to the person or persons who initiated the appeal or the request for an interpretation.
5. Any decision of the Board of Appeals to approve or deny an appeal may be appealed by the aggrieved party to the City Council by filing a request therefore with the City Clerk, not later than ten days after such decision is rendered by the Board of Appeals. Upon receipt of such a request, the City Clerk shall set a date for hearing by the City Council, not later than sixty (60) days thereafter, and shall notify the appellant of such hearing date. Following said hearing by the City Council, the findings and decision of the City Council shall be adopted by resolution. The determination of the City Council shall be final and conclusive." R112.2 ESTABLISHED
In order to hear and decide appeals of orders, decisions or detemiinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
57 R112.3 MEMBERSHIP
The Board of Appeals shall consist of five (5) members appointed by the City Council. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters peitaining to building construction and who are not employees of the City.
R112.4 TERM-APPOINTMENET OF SUCCESSOR
The Board of Appeals shall be appointed by the City Council and shall hold office as its pleasure. The Board shall adopt rules of procedures for conducting its business, and shall ender all decisions and findings in writing to the appellant with a duplicate copy to the building official.
R112.5 DISQUALIFYINGACTIVITY
A member shall not hear an appeal in which that member has a personal, professional or financial interest.
R112.6 REMUNERATION
Each appointee will receive the sum of Seventy-Five ($75.00) per meeting attended by the appointee.
R112.7 ELECTION OF CHAIRMAN OF THE BOARD OF APPEALS The Board shall annually select one of its members to serve as chairperson.
R112.8 REMOVALFROMOFFICE
The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure.
R112.9 0RGANIZATION-MEETINGS-RULES
The Board of Appeals shall consist of five individuals, one from each of the following professions or disciplines.
1. Registered design professional who is a registered architect.
2. Registered design professional with structural engineering experience.
3. State licensed contractor with at least 10 years experience.
4. Local resident or businessman with experience in construction.
5. Local advocate for accessibility and ADA requirements or local resident.
6. The City Building Official shall serve as Secretary of the Board.
There are six (6) meetings held annually.
The Board is authorized to establish policies and procedures necessary to carry out its duties.
Building related matters shall be as defined in the Califomia Code of Regulations, Title 24, Part 2, 2007 California Building Code, Volume l; but shall specifically exclude any issues related to the general plan or zoning ordinance; and, Pursuant to Health and Safety Code Section 189.45 (a) any person adversely affected by any regulation, rules, omission, interpretation, decision or practice of any state agency, respecting the administration of any building standard may appeal the issue for resolution to the Board; and,
Pursuant to Health and Safety Code Section 189.45 (b) any local agency having authority to enforce a State Building Standards and any person adversely affected by any regulations, rule, omission, interpretation, decision or practice of such agency respecting such buildings standard wish to appeal the issue for resolution to the Board, then both parties may appeal to the commission. The Board may accept such appeal only if the commission determines that the issues involved in such appeal have statewide significance; and,
58 Any and all action subject to the Boards purview shall be appealable to the City Council within ten business day after the date of execution of final decision from the Board; and, California Building Code provides that the Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
The Board shall have the authority to review code enforcement appeals and to waive or reduce rates, fees and charges related to building restoration fees for garage conversions and other related assessments, fees and/or charges arising from matters which are addressed by South Gate Municipal Code Title 9.
J. Replacing Blank Table R301.2.(1), buildings shall be designed with the additional criteria and provisions of this table which shall read as follows:
Table R301.2.(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
SECTION 08. Title 9 (Building), Chapter 9.08 (Green Buildings Standards Code) and Sections 9.08.010 (Adoption by Reference to the California Green Buildings Standards Code), and
9.08.020 (Violations and Penalties) of Title 9 (Buildings) of the South Gate Municipal Code to read as follows:
WIND [:ESIGN
SEISMIC
DESIGN
CATEGORY'
SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP "
ICE B ARRIER
L+NDERL AYMENT
REQUIRED l'
FLOOD
HAZ ARDS !
AIR
FREEZING
INDEX '
MEAN
ANNUAL
TEMP l
GROUND
SNOW
LOAD
Speed '
(mpli)
Topographic
t
effects
Special
Wind
region'
Wind-
borne
debris
zone"
Wcalhcring '
Frost
line
Deptli '
Terinite '
ZERO 85 NO NO NO D, NEGLIGIBLE ZERO ZERO 49a NO NO ZERO 60" "CHAPTER 9.08
GREEN BUILDINGS STANDARDS CODE
Sections:
9.08.010
9.08.020
Adoption by Reference to the California Green Buildings Standards Code.
Violations and Penalties.
"9.08.010 Adoption by Reference of the California Green Buildings Standards Code.
Except as provided herein, the 2022 Edition of the State of California Green Buildings Standards Code (California Code of Regulations, Title 24, Part 11), as promulgated and published by the California Building Standards Code, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "the Green Buildings Standards Code of the City of South Gate" ("Green Code" herein). Requests to review the 2022 Edition of the California Green Buildings Standards Code are available through the City Clerk's Office. "9.08.020 Violations and Penalties.
Any person violating any of the provisions of the Green Buildings Standards Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Green Buildings Standards Code is committed, continued or permitted. Upon conviction, any such violation shall be punishable as provided for in Title 1 of this Code." SECTION 9. Title 9 (Building), Chapter 9.09 (California Existing Building Code) and
1'6 59
Sections 9.09.010 (Adoption by Reference to the California Existing Building Code), and 9.09.020 (Violations and Penalties) of Title 9 (Buildings) of the South Gate Municipal Code to read as follows:
"CHAPTER 9.09
EXISTING BUILDING CODE
Sections:
9.09.010
9.09.020
Adoption by Reference to the California Existing Building Code.
Violations and Penalties.
"9.09.010 Adoption by Reference of the California Existing Code.
Except as provided herein, the 2022 Edition of the State of Califotnia Existing Code (Califomia Code of Regulations, Title 24, Part 10), as promulgated and published by the California Building Standards Code, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "the Existing Building Code of the City of South Gate" ("Existing Building Code" herein). Requests to review the 2022 Edition of the California Existing Building Code are available through the City Clerk's Office.
"9.09.020 Violations and Penalties.
Any person violating any of the provisions of the California Existing Building Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the California Existing Building Code is committed, continued or pertnitted. Upon conviction, any such violation shall be punishable as provided for in Title 1 of this Code." SECTIONIO. Title9(Building),Chapter9.lO(CaliforniaHistoricalCode)and Sections 9.10.010 (Adoption by Reference to the California Historical Code), and 9.10.020 (Violations and Penalties) of Title 9 (Buildings) of the South Gate Municipal Code to read as follows:
"CHAPTER 9.10
HISTORICAL CODE
Sections:
9.10.010
9.10.020
Adoption by Reference to the California Historical Code.
Violations and Penalties.
"9.10.010 Adoption by Reference to the California Historical Code.
Except as provided herein, the 2022 Edition of the State of California Historical Code (California Code of Regulations, Title 24, Part 8), as promulgated and published by the California Building Standards Code, is hereby adopted by reference as though fully set forth herein, and shall constihite and is hereby established as "the Historical Code of the City of South Gate" ("Historical Code" herein). Requests to review the 2022 Edition of the California Historical Code are available through the City Clerk's Office.
"9.10.020 Violations and Penalties.
Any person violating any of the provisions of the California Historical Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the California Historical Code is committed, continued or permitted. Upon conviction, any such violation shall be punishable as provided for in Title l of this Code."
SECTION 11. Title 9 (Building), Chapter 9.11 (California Referenced Standards Code)
7'i 60
read as follows:
"CHAPTER 9.13
SOLAR, HYDRONICS AND GEOTHERMAL CODE
Sections:
9.13.010
9.13.020
Adoption by Reference to the Uniform Solar, Hydronics and Geothermal Code.
Violations and Penalties.
'G9.13.010 Adoption by Reference to the Uniform Solar, Hydronics and Geothermal Code.
Except as provided herein, the 2021 Edition of the Unifornn Solar, Hydronics and Geothermal Code, including any amendments and appendices thereof, as promulgated and published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "the Solar, Hydronics and Geothermal Code of the City of South Gate" ("Solar, Hydronics and Geothermal Code" herein). Requests to review the 2021 Edition of the Uniform Solar, Hydronics and Geothetmal Code are available through the City Clerk's Office.
"9.13.020 Violations and Penalties.
Any person violating any of the provisions of the Solar, Hydronics and Geothermal Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Solar, Hydronics and Geothermal Code is committed, continued or permitted. Upon conviction, any such violation shall be punishable as provided for in Title l of this Code." SECTION 14. The modifications set forth in this ordinance which peitain to the California Administrative Code, California Building Code, the Califoinia Residential Code, the California Plumbing Code, and the California Electrical Code, are reasonably required due to local climatic, geographical and topographical conditions, and due to the need, in certain instances, to recover the actual costs and expenses incurred by the City in processing various applications for permits which are required by such technical codes. Modifications to those technical codes are reasonably required, in part, because of the local climate which is characterized by hot, dry summers, followed by strong Santa Ana winds and heavy winter rains which make buildings and structures vulnerable to rapidly spreading wind-driven fires. Furthermore, the City is located near to historic and active earthquake faults which require special safety measures and precautions.
SECTION 15. The adoption of this Ordinance shall fulfill the City of Soutli Gate's obligation under Section 17958 of the Health and Safety Code to adopt and apply the provisions of the California Building Standards Code to all occupancies within the City.
SECTION 16. This Ordinance shall take effect on the thiity-first (31s') day after its adoption and be enforced on Januaiy 1, 2023.
SECTION 17. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law.
[Remainder of page left blank intentionally]
("At 61
PASSED, APPROVED and ADOPTED this 22nd day of November 2022.
CITY OF SOUTH GATE:
By:
Al Rios, Mayor
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS T
ul F. Salinas, City Attorney
62 Attachment B
2022 BUILDING CODE ADOPTION
SUMMARY OF EXISTIISTG CITY AMENDMENTS
Such amendments include provisions regarding:
ADMINISTRATION: No amendments.
BUILDING CODE: EXISTING TO BE CARRIED FORWARD
General Safety Provisions;
Permits Required: to do work, contractors & subcontractors; Submittal Documents: Hovi many sets, procedures, etc; Plan Review Fees: Sets fees for service (not irt the code); Double Fees: Unauthorized work (min. $87);
Permission to Cover Work: Unlawful to lath over, seal or cover, conceal work without approval;
Utility Connections: Unlawful to energize without approval (Edison, Gas),' Building Corrections: Must be done within 10 days; Re-inspections Fee;
Fee Refunds: 80%;
Investigation Fee for non-authorized work: Unauthorized work done; Certificate of Occupancy for Existing Structures: For new businesses.
RESIDENTIAL CODE: EXISTING TO BE CARRIED FORWARD
Amends California Residential Code (CRC) to provide climatic and geographic information table for design criteria;
Board ofAppeals Committee: Appeals B.0. decision or determination, not the code; General Safety Provisions;
Permits Required: to do work, contractors & subcontractors; Submittal Documents: How mariy sets, procedures, etc; Plan Review Fees: Sets fees for service (not in the code); Double Fees: Unauthorized work (min. $87);
Permission to Cover Work: Unlawful to lath over, seal or cover, coriceal work without approval;
Utility Corinections: Unlawful to energize without approval (Edison, Gas); Building Correctiom: Must be done within 10 days; Reinspections Fee;
Fee Refunds: 80%;
Investigation Fee for non-authorized work: Unauthorized work done.
ELECTRICAL CODE: EXISTING TO BE CARRIED FORWARD
Amertds California Electrical Code (CEC) by requiring exterior wiring to be underground.
Amends CEC sections regarding restricting wiring installation, disconnecting means, grounding tables.
PLUMBING CODE: EXISTING TO BE CARRIED FORWARD
63 Amends the California Plumbing Code (CPC) by requiririg grease traps to be located outside of all structures.
MECHANICAL CODE: No amendments.
GREEN BUILDING STANDARDS CODE: No amendments.
ENERGY CODE: No amendments.
HISTORICAL CODE: No amendments.
EXISTING BUILDING CODE: No Amendments.
REFERENCED STANDARDS CODE: No amendments.
UNIFORM SOLAR, HYDRONICS AND GEOTHERMAL CODE: No amendments. {JNIFORM SWIMMING POOL, SPA AND HOT TUB CODE: No amendments. 64 Attachment C
CITY OF SOUTH GATE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the South Gate City Council will conduct a public hearing to consider an ordinance of the City of South Gate adopting by reference the California Codes of Regulations, Title 24, Part 1, Part 2 (Volume 1 & 2), Part 2.5, Part 3, Part 4, Part 5, Part 6, Part 8, Part 10, Partl 1, Part 12, known and designated as the 2022 Ed tion of the California Administrative Code, the 2022 Ed tion of the California Building Code, Volume 1 and 2, the 2022 Ed tion of the California Residential Code, the 2022 Edation of the California Electrical Code, the 2022 Ed tion of the California Mechanical Code, the 2022 Ed tion of the California Plumbing Code,
the 2022 Edition of the California Energy Code,
the 2022 Edition of the California Historical Building Code, the 2022 Edition of the California Existing Building Code, the 2022 Edition of the California Green Building Standards Code, the 2022 Edition of the California Reference Standards Code; adopting by reference the 2021 International Association of Plumbing and Mechanical Officials model codes known and designated as
the 2021 Edition of the Uniform Solar Energy and Hydronics Code, and the 2021 Edition of the Uniform Swimming, Spa & Hot Tub Code; making amendments to Title 9 (Buildings), of the South Gate Municipal Code and related actions. A copy of the ordinance may be reviewed in the City Clerk's office during normal business hours.
DATE:
TIME:
PLACE:
City Council Meeting
Tuesday, November 10, 2022
6:30 pm
City Hall Council Chamber
8650 California Avenue
South Gate, California 90280
All persons interested in this matter are invited to testify or present evidence upon any matter relating thereto.
THIS NOTICE IS GIVEN by order of the City Clerk of the City of South Gate and is dated this October 17, 2022.
Yodit Glaze, City Clerk
65 Attachment D
Advisories and Code Updates
Important Notice Regarding the 2022 California Code of Regulations, Title
24. xf you are a City of South Gate property owner or an architect, engineer, designer, or contractor that performs work within the City, please be advised that the City will be enforcing the following Building Standards, effective January 1, 2023 :
2022
2022
2022
2022
2022
2022
2022
2022
2022
2022
2022
2021
2021
California Administrative Code (Part 1),
California Building Code (Part 2 Volume I and II), California Residential Code (Part 2.5),
California Electrical Code (Part 3),
California Mechanical Code (Part 4),
California Plumbing Code (Part 5),
California Energy Code (Part 6),
California Historical Building Code (Part 8),
California Existing Building Code (Part 10),
California Green Building Standards Code (Part 11), California Referenced Standards Code (Part 12), also Uniform Solar, Hydronics and Geothermal Code (IAPMO) and, Unifornn Swimming Pool, Spa and Hot Tub Code (IAPMO).
All new plan review applications submitted after December 31, 2022 will be required to comply with the above referenced code editions.
Building codes are available for purchase from the International Code Council.
Swimming Pool and Solar Codes are available for purchase from the International Association of Plumbing and Mechanical Officials.
Training classes are available through the following organizations:
ICC (International Code Council)
CALBO (California Building Officials)
Local ICC Los Angeles Basin Chapter
IAPMO (International Association of Plumbing and Mechanical Officials)
IAEI (International Association of Electrical Inspectors) 66 Building Standards Currently Enforced:
2019 California Administrative Code,
2019 California Building Code,
2019 California Residential Code,
2019 California Electrical Code,
2019 California Mechanical Code,
2019 California Plumbing Code,
2019 California Existing Building Code,
2019 California Historical Building Code,
2019 California Oreen Building Standards Code,
2019 California Energy Code,
2019 California Referenced Standards Code, and
2019 California Building Standards Code.
2019 California Fire Code.
2018 Uniform Swimming Pool, Spa and Hot Tub Code. 2018 Uniform Solar, Hydronics and Geothermal Code.
Links to the following applicable documents are provided:
City of South Gate Municipal Code, Title 9 - Building www.cityofsouthgate.org (Municipal Code-Title 9).
2022 California Green Building Standards Code
www.bsc.ca.gov/Home/CALGreen.aspx
67 ClffJINAGER'S OFFICE
Item No. 4
NOV 15 2022
il : r(> w Ciffl of South Gate
CITY COUNCIL
AGENDA BI[LL
For the Regular Meeting of: November 22, 2022
Department: Public Works
Department Director:
Artur ant
CUy Manager:
SUBJECT: RESOLUTION TO ADOPT THE 2017 UPDATED GREATER LOS
ANGELES INTEGRATED REGIONAL WATER MANAGEMENT PLAN TO PURSUE
GRANT FUNDING
PURPOSE: The City is applying for a grant for water system improvements. As a prerequisite of the application, the City must adopt a Resolution approving the adoption of the 2017 Updated Greater Los Angeles County Region Integrated Regional Water Management Plan (GLAC IRWMP).
RECOMMENDED ACTIONS: The City Council will consider adopting a Resolution of the 2017 Updated Greater Los Angeles Integrated Regional Water Management Plan (GLAC IRWM) Plan for the South Gate Water Main Replacement Program.
FISCAL IMPACT: None. There are no funding commitments associated with this item.
ANALYSIS:. The State of California Department of Water Resources (DWR) created the Integrated Regional Water Management (IRWM) Program to encourage integrated regional strategies for managing water resources and to provide :tunding for both planning and implementation of projects that supportmanagement of water supply, water quality, environmental interests, drought protection, flood protection, and reduction of dependence on imported water.
The City is participating in a collaborative process to pursue grant funding of regionally significant projects. The South Gate Water Main Replacement Project, with a construction value of $2,300,000, is under consideration. The grantor, DWR requires that applicants to adopt the latest region's IRWM Plan. Adopting the IRWM plan does not cornrnitthe City to any specific objectives within the plan itself.
BACKGROUND: The City is a member of a large watershed-based coalition called the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("GWMA"). It is currently comprised of 25 cities, three water agencies and the Port of Long Beach that are collectively responsible for coordinating the regional watershed needs of two million people in the Gateway Region located in Southeastern Los Angeles County. To increase its funding opportunities, GWMA became a member of the countywide Greater Los Angeles County Integrated Regional Water Management ("GLAC IRWM"). The GLAC IRWM is comprised of 1 68
the five Sub-Regions that span from Ventura County to Orange County, including portions of both counties, and from the Pacific Ocean coastline to the San Gabriel Mountains. The Region represents approximately nine million people.
The GLAC IRWM Plan identifies a comprehensive set of solutions to achieve the following objectives over a 25 year planning horizon: (1) reduce the Region's reliance on imported water; (2) comply with water quality regulations by improving the quality of urban runoff, (3) stormwater and wastewater; (4) protect, restore and enhance natural processes and habitats; (5) increase watershed friendly recreational space for all communities; (6) reduce flood risk in flood prone areas by either increasing pro a a
approaches; and (7) adapt to and mitigate against climate change vulnerabilities.
Adopting the 2017 Updated GLAC IRWM Plan will enable GWMA to apply for the existing and future grant funding under various grant programs. Due to the size of the document, a link to the complete GLAC IRW Plan is available at https://dpw.lacounty.gov/wmd/irwmp/.
ATT ACHMENTS: A.
B.
Proposed Resolution
Resolution No. 7680
GD:lc
2 69
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, APPROVING THE ADOPTION OF THE
2017 UPDATED GREATER LOS ANGELES COUNTY REGION
INTEGRATED REGIONAL WATER MANAGEMENT PLAN
WHEREAS, the County of Los Angeles, Los Angeles County Flood Control District ("LACFCD"), and other agencies in the Greater Los Angeles County ("GLAC") area have long recognized the importance of regional collaboration and integration of single-purpose efforts and now regularly work across jurisdictional boundaries to implement regional projects and programs that address multiple water resource management issues, including local and imported water supplies, sanitation and recycled water, stormwater management, groundwater management, water use efficiency, habitat and open space management, and many others; and
WHEREAS, the State of California Department of Water Resources ("DWR") created the Integrated Regional Water Management ("IRWM") Program to encourage integrated regional strategies for managing water resources and to provide :[unding for both plaru"iing and implementation of projects that supportmanagement of water supply, water quality, environmental interests, drought protection, flood protection, and reduction of dependence on imported water, and many other; and
WHEREAS, the IRWM Program requires that a Regional Water Management Group ("RWMG") be formed to establish an IRWM Region; and WHEREAS, the Gateway Water Management Authority (also known as the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority) herein referred to as GWMA, is an. agency comprised of approximately 25 cities and other governrnent agencies within the region of Southeastern Los Angeles County, including the City of South Gate; in which the GWMA is interested in maximizing opportunities to integrate water management activities such as water supply reliability, water quality, environmental stewardship, and flood management for the Lower San Gabriel and Lower Los Angeles sub-region; and WHEREAS, in 2015, the City Council adopted Resolution No. 7680 to support GWMA in the adoption of the Greater Los Angeles Integrated Regional Water Management Plan Update 2014 ("GLAC IRWM"); and
WHEREAS, the 2016 IRWM Guidelines require the governing bodies of member agencies of the RWMGs, the RWMG representatives of the governing bodies, as well as proponents of projects included in IRWM grant funding proposals to adopt the updated 2017 IRWM Plan; and
WHEREAS, adopting the 2017 Updated GLAC IRWM Plan will enable participants in the GLAC IRWM to apply for future grant funding under various grant programs including Proposition 1 grant rounds; and
70 WHEREAS, the City needs to adopt the 2017 Updated GLAC IRWM Plan to apply for funding for South Gate Water Main Replacement Program in the amount of approximately $2.3 million of Prop 1 Round 2 grant funding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council does hereby adopt the 2017 Updated Greater Los Angeles Integrated Regional Water Management Plan.
SECTION 3. The City Council hereby finds and determines that the adoption of the Greater Los Angeles Integrated Regional Water Management Plan Update 2017 is not a project subject to the provisions of the California Environmental Quality Act (CEQA) Guidelines because it is an activity that is excluded from the definition of a project by Section 15278(b)(5) of the CEQA Guidelines. The proposed action is an administrative activity of government, which will not result in direct or indirect physical changes to the environment.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption
PASSED, APPROVED, and ADOPTED this 22'd day of November 2022.
CITY OF SOUTH GATE:
B7:
Al Rios, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
71 RESOLUTION NO. "o
CITY OF SOUTH GATE
LOS ANGELES, CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH GATE AMENDING RESOLUTION N0. 7670 ADOPTING
THE GREATER LOS ANGELES INTEGRATED REGIONAL
WATER MANAGEMENT (IRWM) PLAN UPDATE 20'l4 FOR THE 2015 FINAL ROUND OF PROP 84 IRWM GRANT PROGRAM
WHEREAS, the Gateway Water Management Authority (formally known as the "Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority" and sometimes herein referred to as "Authority") is an agency comprised of approximately 25 cities and other government agencies within the region of Southeastern Los Angeles County. including the City of South Gate ("City"): in which the GWMA is interested in maximizing opportunities to integrate water management activities such as water supply reliability. water quality, environmental stewardship. and flood management for the Lower San Gabriel and Lower Los Angeles sub-region: and WHEREAS, Proposition 84 provided funding for the Greater Los Angeles Integrated Regional Water Management (IRWM) planning grant; and WHEREAS, the Greater Los Angeles IRWM Leadership Committee is a RegionaJ Water Management Group "RWMG" recognized by the State of California Department of Water Resources: and
WHEREAS, the GLAC IRWM Leadership Committee finalized its 2014 Integrated Regional Water Management Plan ("2 €)14 IRWM Plan"). which is a regtonal plan designed to improve collaboration in water resource management, pursuant to the Safe Drinking Water, Water Quality and Supply. Flood Control, River and Coastal Protection Bond Act of 2006 (Public Resource Code (PRC) Section 75001 et seq.).
WHEREAS, on July 14, 2015, the City Councii adopted Resolution No. 7670 to support the Gateway Water Management Authority (GWMA) in the adoption of the Greater Los Angeles Integrated Regional Water Management Plan Update 2014 (GLAIRWM Plan). Subsequent to adopting the Resolution. the Department of Water Resources determined that the City must also adopt the GLAIRWM Plan to qualify for the Proposition 84 grant funds:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY RESOLVE AS FOLLOWS:
72 SECTION 1. The City Council hereby adopts the Greater Los Angeles Integrated Regional Water Management (IRWM) Plan Update 2014 for the 2015 Final Round of Prop 84 IRWM Grant Program.
SECTION 2. Adoption of the Greater Los Angeles Integrated Regional Water Management Plan Update 2014 is not a project subject to the provisions of the California Environmental Quality Act (CEQA) Guidelines because it is an activity that is -excluded from the definition of a project by Section 15278(b-)(5) of the CEQA Guidelines. The proposed action is an administrative activity of government, which will not result in direct or indirect physical changes to the environment SECTION 3. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED. an6 ADOPTED this 25'h day of August 2015.
CITY OF SOUTH GATE:
ra Mayor
ATTEST:
Carrrien Avalos, City Clerk
(SEALI
APPROVED AS TO FORM:
R I F. Salinas, City Attorney
73 RESOLUTION CERfflCATION PAGE
i
ST ATE OF CALIFORNIA
COUNTY OF Lag ANGELES ) SS
CITY OF SOUTH GATE
I, Carmen Avalos, City Clerk of the City of South Gate, California, hereby certify that the whole number ofMembers of the City Council of said City is five; that Resolution No. 7680 was adopted by the City Council at their Regular Meeting held on August 25, 2015, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Council Members: Morales, De Witt, Hurtado and Bernal Council Members: Bennal
Council Members:
Council Members:
Davila
None
Witness my hand and the seal of said City on August 26, 2015.
Carmen Avalos, City Clerk
City of South Gate, California
74 CITY MANAGER'S OFFICE Item No. 5
CITY COUNCIL
AGENDA BaILL
Department: Public Works
SUBJECT: AMENDMENT N0. 3 TO CONTRACT N0. 2021-70-CC WITH HF&H CONSULT ANTS, LLC., FOR SOLID WASTE MANAGEMENT SERVICES PURPOSE: HF&H Consultants, LLC. ("HF&H"), provided solid waste management procurement services which resulted in the awarding of a franchise agreement for solid waste, recycling, and organic recycling services to Universal Waste Systems ("UWS") and is now assisting the City with coordinating the transition to UWS services. Amendment No. 3 to Contract No. 2021-70-CC provides additional 'Junds for transition management, coordination services, and services required for compliance with state regulations.
RECOMMENDED ACTIONS: The City Council will consider:
a. ApprovingAmendmentNo.3toContractNo.2021-70-CCwithHF&HConsultants,LLC., for solid waste management services necessary to complete the transition to UWS services and for services that are necessary for compliance with state regulations, in an amount not- to-exceed $86,784;
b. Authorizing the appropriation of $133,384 from the Refuse Fund balance to Account Number 413-733-51-6101 as necessary to 'fund transition and solid waste management expenditures through the end of Fiscal Year 2022/23; and c. Authorizing the mayor to execute the Amendment No. 3 in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact to the General Fund. Amendment No. 3 is in the amount of $86,784 and it will be funded through the Re'Juse Collection Fund (Account No. 413- 733-51-6101). The $133,384 appropriation is from the Refuse Fund balance to Account Number 413-733-51-6101. Thetotalamountoftherevisedcontractis$326,384,inclusiveofAmendments Nos. 1, 2 and 3.
ANALYSIS: AmendmentNo.3toContractNo.2021-70-CCwithHF&Hprovidesforcontinued transition, coordination, and compliance services through June 30, 2023 assisting the City in managing and coordinating the transition from WM to UWS services. AmendmentNo. 3 also adds funding for services to aSsist the City in compliance reporting associated with state regulations such as SB 1383 and AB 341.
1 75
The franchise agreement contains extensive service changes including a cart for new organics collection at residential premises, mandatory commercial recycling, and organics services, as well as many other requirements imposed by SB 1383. HF&H provides the expertise to manage the scope of work required by the franchise agreement and SB 1383. HF&H's continued support and industry knowledge is needed to complete a successful transition and ensure the City's compliance with new state regulations.
UWS and Waste Management (WM) are in the process of transitioning solid waste hauling services. The City meets regularly with UWS to discuss timelines, events, and pending items leading up to the commencement date of January 1, 2023. UWS public outreach along with the procurement of vehicles and waste receptacles have been procured. A job fair has been held.
Workshops are scheduled for November 9 and 19. UWS is scheduled to begin providing services on January 1, 2023, and the transition is estimated to continue through February 28, 2023.
Transition items planned beyond January 1, 2023, are focused on transition of commercial and multi-residential sites, right sizing their organics recycling services, and conducting targeted education efforts for SB 1383.
The complexity of the transition has required more involvement by HF&H than originally envisioned. While all parties are working cooperatively to be prepared for the significant work reqriired in the transition, there is a need for more engagement and review of items to ensure compliance with the agreement between the City and UWS. In addition, the reports that will need to be filed with CalRecycle for compliance with SB 1383 and AB 341 are turning out to be much more extensive for cities as the state begins its review.
The Public Works budget includes $30,000 for services. A $133,384 appropriation is necessary to fully fund Amendment Nos. 2 and 3 which total $163,384.
BACKGROUND: The City provides solid waste and recycling services to residential and commercial customers through a Franchise Agreement with Waste Management (WM), which is scheduled to end December 31, 2022. On July 12, 2022, the City awarded a franchise agreement to UWS for solid waste, recycling, and organic recycling collection services. The City is in the process of coordinating the transition to UWS services with the support of HF&H. Additional services are needed from HF&H to complete the transition and achieve compliance with state regulations.
On May 11, 2021, the City Council approved Contract No. 2021-70-CC with HF&H for professional services to develop a Request for Proposal and manage the competitive selection process to procure a new franchise agreement in the amount of $150,000. Contract No. 2021-70- CC included a scope of work to negotiate with one solid waste and recycling services provider.
On June 6, 2022, AmendmentNo. 1 to ContractNo. 2021-70-CC was approved administratively in the amount of $13,000 to authorize HF&F to negotiate a "Best and Final" offer with three solid waste and recycling services providers.
On July 12, 2022, the City Council approved Amendment No. 2 to Contract No. 2021-70-CC in the amount of $76,600 for Solid Waste Collector Transition Management Services. The services 2 76
included necessary oversite of the transition from WM to UWS, SB1383 program development management services, and professional services necessary for compliance with state requirements for AB 341, SB 1383, and AB 1826.
ATTACHMENTS: A. Proposed Amendment No. 3
B. Amendment No.2
C. Amendment No. 1
D. Contract No. 2021-70-CC
IB:lc
77 AMENDMENT N0. 3 TO CONTRACT N0. 2021-70-CC WITH HF &H CONSULT ANTS, LLC., FOR SOLID WASTE MANAGEMENT SERVICES This Amendment No. 3 to Contract No. 2021-70-CC for Solid Waste Management Services ("Amendment No. 3"), is made and entered into on November 22, 2022, by and between the City of South Gate, a municipal corporation ("City"), and HF&H Consultants, LLC., a California limited liability company ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on May 11, 2021, the City Council approved Contract No. 2021-70-CC with Contractor ("Agreement ") to develop a Request for Proposal and manage the competitive selection process to procure a new franchise agreement for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of One Hundred Fifty Thousand Dollars ($150,000);
WHEREAS, on June 6, 2022, AmendmentNo. l was approved administratively to include a scope of work to negotiate with all three solid waste and recycling service provides in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of Thirteen Thousand Dollars ($13,000); WHEREAS, on July 12, 2022, Amendment No. 2 was approved by the City Council to include a scope of work to perform Solid Waste Collector Transition Management Services and CalRecycle regulator compliance assistance for the City in the amount of Seventy-Six Thousand Six Hundred Dollars ($76,600); and
WHEREAS, the City and Consultant desire to execute Amendment No. 3 extending the term of the Agreement through and including June 30, 2023, in an amount not to exceed Eighty- Six Thousand Seven Hundred Eighty-Four Dollars ($86,784), for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 to a total sum of Three Hundred Twenty-Six Thousand Three Hundred Eighty-Four Dollars ($326,384).
NOW, THEREFORE, the parties hereby agree as follows:
1. SCOPE OF WORK.
The City hereby engages Contractor and Contractor accepts such engagement to perform the services set forth in the Scope of Services as described in "Exhibit A" attached hereto and made part of this Amendment No. 3. The Scope of Services may be mutually amended by both Parties in writing.
2. TERM OF AGREEMENT.
The term of the Agreement is in effect through the completion of the transition of the new solid waste franchise agreement between the City and the solid waste hauler which
78 transition is estimated to be completed by February 28, 2023. The term is hereby extended through and including June 30, 2023, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement.
COMPENSATION.
The amount of compensation paid by City to Contractor for the work identified in Exhibit "A" shall not exceed Eighty-Six Thousand Seven Hundred Eight-Four Dollars ($86,784).
EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in :tull force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section 1 above. Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
[Remainder of page left blank intentionally.]
79 IN WITNESS WHEREOF, the Parties hereto have causedthis AmendmentNo. 3 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
By:
Al Rios, Mayor
Dated:
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
ul F. Salinas, City Attomey
HF &H CONSULTANTS, LCC.:
BY:
Laith Ezzet, Senior Vice President
Dated:
80 EXHIBIT A
Remaining Tasks Budget Work Plan for Transition Assistance and Other Sup 'yort through February 28, 2023 a Qi
tJat
ja-l'. P.:l! ms W W ! @@@l! q
i mW &i
II mat 'i & p Ili sa -1 I l T IT l I agli# €;rnll j
I= ilffi w JTih r=ix N!ffikl-l a I(-al ff fflfflffl m I m I t 'l. Transition Assistance
1A Review Fulfillment of Contractors Obligations
IB ReviewandCommentonofUWSandCityTransitionPublicEducation 1C Review Reporiing Forms
1D ReviewCustometBillingFormatandFeeCalculations
1E Council Meeting Attendance
IF Bi-WeeklyVirtualTransitionMeetingsandMeetingNotes
1 G Other Transition Support
Subtotal: Task I Hours
Task I Fees
Fees In Excess of Budget at October 20, 2022
Total Transition Assistance Fees
2 9
2 13
$ 3,965
2 1
2 2
11 4
22 $ 6,380
2 22
2 4
2 30
16 78
$ 17,550
4 8
4 44
8 68
$ 11,408
6 24
ll
12 4
94 _30
181
S 39,303
4,
=$41,438
2. Other Support
2A CalRecycle Support (CAP, CalRecycle meetings)
2B Prepare for, Attend, and Recap Quarterly LARA Meetings 2C Additional Regulatory and Solid Waste Support
2D Reviewing UWS' monthly tepori submittals
2E Review UWS and City Public Education
Subtotal: Task 2 Hours
Task 2 Fees
Hourly Rate
Total Fees
$
$ 305
$ 3,965
2 6
8 $ 2,320
s 290
$ 8,700
4 4
32 5
10 55
$ 12,375
$ 225
$ 29,925
12 12
8 32
$ 5,408
$ 169
$ 16,816
18 4
50 13
10 95
5,
$ 61,641
Prepared by HF&H Consultants, LLC
City of South Gate
10/24/2022
81 City of South Gate
Tasks Budget Work Plan for Other Continued Support March 1, 2023- June 30, 2023 ! ffl m9ffI!!!I
1 a ?l gI 7M
n ffl !II ! a I si I aa )I Ii Ram K a a e inr €i (ir ffla fflffl is s I iQll I IQ xiiila liT 'TTffl ff'TT T1r' iTN ffillll ii I I in
3. Other Continued Support
3A CalRecycle Support (CAP, CalRecycle meetings)
3B Prepare for, Attend, and Recap Quarterly LARA Meetings 3C Additional Regulatory and Solid Waste Support
Subtotal: Task 3 Hours
Task 3 Fees
Hourly Rate
1 8
9 $ 2,al7
$ 313
6 8
40 54
$ 13,230
$ 245
8 36
44 $ 9,196
$ 209
15 8
84 107
$ 25,243
Prepared by HF&H Consultants, LLC 2 10/24/2022
82 ATT ACHMENI B
Amendment No. 2
Contract No. 2021-70-CC
AMENDMENT N0. 2
TO CONTRACT N0. 2021-70-CC WITH HF &H
FOR PROFESSIONAL SERVICES FOR
ASSIST ANCE WITH THF, COMPETITIVE
PROCUREMENT FOR A SOLID WASTE
CONTRACTOR
Tis Amendment No. 2 to Contract No. 2021-70-CC for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Amendment No. 2"), is made and entered into on July 12, 2022, by and between the City of South Gate, a municipal corporation ("City"), and HF&H Consultants, LLC., a California limited liability company ("Consultant"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties." RE,CITALS:
WHEREAS, on May 11, 2021, the City Council approved Contract No. 2021-70-CC with Contractor ("Agreement") for professional services to develop a Request for Proposal and manage the competitive selection process to procure a new franchise agreement for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of One Hundred Fifty Thousand Dollars ($150,000).
WHEREAS, Amendment No. l included a scope of work to negotiate with all with three solid waste and recycling services providers in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of thirteen thousand dollars ($13,000).
WHEREAS, the City and Consultant desire to execute AmendmentNo. 2 forprofessional services in the amount of Seventy-Six Thousand Six Hundred Dollars ($76,600), in accordance with services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and AmendmentNo.l to a total sum of Two Hundred Thirty-nine Thousand Six Hundred Dollars ($239,600).
NOW, THEREFORE5 THE PARTIES HEREBY AGREE AS FOLLOWS:
1. SCOPE OF WORK.
City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Amendment No. 2. The Scope of Semces may be mutually atnended from time to time by both Parties in writing.
83 Atnendment No. 2
Contract No. 2021-70-CC
TERM OF AGREEMENT.
The term of the Agreement shall be extended and will remain in effect through the transition of the new solid waste franchise agreement between the City and the solid waste hauler, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement, however, terminating no later than June 30, 2023.
COMPENSATION.
The amount of compensation to be paid by City to Consultant for the work identified in Exhibit "A" shall not exceed Seventy-Six Thousand Six Hundred Dollars ($76,600).
EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section l above. Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
IN WITNESS WHERHiOF, the Partieshereto have caused this AmendrnentNo. 2 to be executed and attested by their respective officers hereunto duly authorized. [Remainder of page left blank intentionally.]
84 Amendment No. 2
No. 2021-70-CC
CITY OF SOUTH GATE:
ATTEST:
Yodit City Cierk
EAL)
APPROVED AS TO FORM:
F. Salinas, City Attorney
CONSULT ANT:
Date: 7 / l'j AI:OI 2
85 Exhibit "A"
2081 Business Center Drive, Suite 265
Iwine, California 92612
Telephone: (949) 251-8628
Fax: (949) 251-9741
wzinu.hfh-consultants.com
Robert D. Hilton, Emerihis
John W. Farnkopf, PH
Laith B. Ezzet, CMC
Richard J. Simonson, CMC
Marva M. Sheehan, CPA
Robert C. Hilton, CMC
July 6, 2022
Mr. Chris Jeffers
City Manager
City of South Gate
8650 California Avenue
South Gate, California 90280
Addendum #2 to Professional Services Agreement for Solid Waste Consulting Services Dear Mr. Jeffers:
As requested, we have provided a scope of services and fee estimate to perform solid waste collector transition management services and CalRecycle regulatory compliance assistance for the City of South Gate (City). We have also included a fee estimate of S5,000 to complete our negotiations assistance which outlines the additional tasks performed which were outside the original scope which have impacted our budget. The total cost for both services is 976,600.
The City selected Universal Waste Systems (UWS) at the Special City Council Meeting on June 27, 2022.
We will initiate the transition management services upon approval of our scope of work and fee estimate, and execution of the new Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services Agreement (Agreement).
We believe that HF&H brings the following qualifications and benefits to the City:
1. We are an industry recognized thought-leader in environmental strategic planning, goal setting, policy development ond program implementation. Clients of HF&H receive innovative and pragmatic solid waste and recycling plans that have been developed with decade's worth of diverse experience. Our pioneer role in the zero-waste planning field, assisting communities such as the cities of San Diego, Santa Monica, and Livermore, and the County of San Diego, has provided us with an unmatched menu of services and programs, as well as unrivaled implementation experience. This range of experience allows us to develop both short and long-term goals that meet the specific needs of our clients, while maintaining a realistic understanding of the impacts on client costs and diversion.
2. HF&H /s regarded as the /ndustry expert for 58 13J?3 compliance. In 2019, CalRecyde engaged HF&H to develop a stakeholder input group and create Model SB 1383 Implementation Tools and Guidance. These model tools were developed to support jurisdictions and other regulated entities across the state with implementing programs and policies to reach compliance with SB 1383 regulations. The model tools include a Model Enforcement Ordinance, Model Procurement Policy, Model Franchise Agreement, and Model Food Recovery Agreement. In total, HF&H has worked with over 70 communities throughout California, representing over 7 maillion residents, continuously 86 Mr. Chris Jeffers
July 6, 2022
adapting compliance to fit a variety of rcal world conditions. Our range of experience supporting California jurisdictions with SB 1383 includes, but is not limited to, strategic planning, cost modeling, sole
regulatory process.
3. We ident% the individual needs of our dients. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable parties, to set measurable, achievable goals. The purpose of these goals is to meet the specific needs of the community and achieve regulatory compliance while minimizing the financial impact on ratepayers. Again, our experience has helped us develop a vast array of facilitation methods, including online surveys, webinars, live streams, and council workshops. HF&H staff includes SWANA and CRRA certified zero waste instructors.
4. HF&H does not provide solid woste consu/t/ng services to waste haulers. HF&H exclusively provides consulting services to municipalities for the better interest of our clients and to avoid potential conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. We believe this independence is particularly important for managing a successful transition of service providers. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials.
Thank you for the opportunity to provide you with this information. We look forward to the opportunity to continue our partnership with the City. If you have any questions, please contact Debbie Morris at (949) 251-1106 or [email protected].
Very truly yours,
;1.4 (;t- D '7,7/?)'-
Laith Ezzet, CMC
Senior Vice President
Debbie Morris, CMC
Senior Manager
Attachments:
1. Scope of Work and Fee Estimate to Provide Solid Waste Collector Transition Management Services and Additional Funds to Complete Negotiation Assistance 87 ATTACHMENT I
Scope of Work and Fee Estimate to Provide Solid Waste Collector Transition Management and CalRecycle Regulatory Compliance Services
SCOPE OF WORK
The City" new Agreement contains extensive service changes, including a cart for new organics collection at residential premises, mandatory commercial recycling and organics services, as well as many other requirements due to the requirements of Senate Bill 1383. Additionally, UWS will be assuming responsibility for residential billing which is currently performed by Golden State Water on behalf of the City. The tasks below outline our approach to providing service transition and CalRecycle regulatory compliance assistance.
Task 1: Track Submittal of Contractually Required Fees and Documents The Agreement contains items to be provided to the City in a short timeframe upon execution of the Agreement. These items include, but are not limited to:
Contracting Fee
* Insurance Certificates
* Performance Bond and Letter of Credit
* Corporate Guaranty
* Notary Certification
@ Contractor's Implementation Plan
* Environmentally Preferable Purchasing Policy
* AB 341 and SB 1383 Implementation Plan
HF&H will prepare a complete list of all items and track submittal by the UWS using information and documents forwarded to us by the City and UWS.
Task 1A: Review Contractor's Implementation Plan and Schedule, and 48 34j/58 1383 Implementation Plan
In order to work toward a successful transition, it is imperative to have a comprehensive implementation plan and schedule. UWS is required to submit an implementation plan and schedule which HF&H will review and meet and confer with UWS and City staff to ensure that this will meet the contractual requirements and ensure that services will be provided by January 1, 2023.
Additionally, UWS is required to submit an AB 341/SB 1383 implementation plan. The City adopted the mandatory recycling and organics program ordinance which requires all generators of organic waste to have an organics waste program. This implementation plan should include the development of public education and outreach, a schedule of site visits to be performed, and a strategic services roll-out plan.
HF&H will review the proposed plan to ensure that it is complete and provide feedback.
Both of these implementation plans will be tracked by HF&H during the transition period.
July 6, 2022 Page 1- 1 HF&H Consultants, LLC
88 ATTACHMENT I
TasklB: ReviewandRevisionofPublicOutreachMateriags
A successful transition will require thoughtful and accurate public education and outreach. Exhibit C of the Agreement includes newspaper articles, initial mailings, community workshops, recycling guides, printed public education materials, website content development, and a dedicated web site page for City-specific information, all of which will need to be developed by UWS prior to the transition of services.
HF&H will review drafts of public education and outreach materials proposed by UWS for accuracy and consistency with the provisions of the Agreement.
Task IC: Review Reporting Forms
The City's Agreement requires UWS to submit monthly, quarterly, and annual reports. SB 1383 requires a substantial amount of data that must be submitted by jurisdictions, some of which must be available within 10 days of request by CalRecycle. In order to ensure proper reporting of the information required in the Agreement and SB 1383, HF&H will review UWS' reporting forms for consistency with the Agreement requirements.
TasklD: ReviewCustomerBillingFormatandReviewAccuracyofCityFeeCalculation The City's Agreement requires UWS to provide residential and commercial billing services for the City.
HF&H will review the proposed format for customer invoices for consistency with the Agreement requirements, and review UWS' calculation of City fees contained in the initial monthly fee report remitted to the City for consistency with the calculation methodology identified in the Agreement Task 15: Bi-Weekly Virtuo/ Trons/t/on Meetings
In order to ensure that transition tasks stay on schedule and to resolve issues as they arise, HF&H will prepare for and attend bi-weekly (every other week), virtual transition meetings with UWS and City staff during the service transition period.
Task 2: Mandatory Commercial Recycling and Or@anics Regulation Compliance HF&H will track the progress of customer compliance with the SB 1383 mandatory programs. Additionally, HF&H will:
ASSiSt the City by preparing and submitting, for City approval, public education and outreach materials to encourage participation in the source separated recyclables and organics collection programs.
Review program participation levels and UWS's outreach and discuss findings during the bi-weekly transition meetings with UWS and the City.
Prepare documentation to be included with the City's Electronic Annual Report (EAR) submitted to CalRecycle, and assist the City in responding to other inquiries by CalRecycle. * Brief the City on new updates to key recycling legislation.
Task 3: 58 1383 Assistance
In addition to the SB 1383 compliance tasks included in Task 2, HF&H will perform the following to assist the City in complying with SB 1383:
July 6, 2022 Page 1- 2 HF&H Consultants, LLC
if 89
ATTACHMENT I
Review information provided by UWS to confirm that they provide their customers with information on properly separating materials, organic waste prevention, on-site recycling, methane reduction benefits, how to recycle organic waste, self-haul requirements, and edible food donation.
Review public education and outreach information for edible food generators. This information will be distributed by the City to the Tier One and Tier Two Edible Food Generator lists provided by UWS.
HF&H will prepare for the City's review the annual SB 1383 compliance report required by 14 CCR 18994.2 based on information available to us. HF&H will submit this electronic report to CalRecycle on behalf of the City by October 1, 2022, and August 1 annually, thereafter.
In the event that HF&H is retained beyond the transition period we will maintain all electronic implementation records provided to us in Sharepoint so that they may be accessed by CalRecycle within ten business days of request (14 CCR 18995.2).
Task 4: CalRecycle Electronic Annual Report
1. HF&H will prepare the City's Electronic Annual Report to CalRecycle which will include documentation of diversion program adivities conducted throughout the specified year, as well as a calculation of numerical compliance with diversion mandates..
2. HF&H will assist with any additional reports required by CalRecycle.
3. HF&H will assist the City by responding to questions from CalRecycle, and prepare for and participate in the annual conference calls and meetings with CalRecycle.
Additional Funds to Complete Negotiation Assistance
The City approved Amendment I to our consulting agreement for !513,000 to negotiate with an additionat two proposers. These funds have been expended. HF&H has been requested to provide additional tasks which were not anticipated in our original fee estimate, and we are requesting an additional SS,000 to complete the engagement. This estimate assumes that there will be no further negotiations with the selected proposer subsequent to the selection by City Council and the selected proposer's Agreement will only be updated to reflect the proposer's name in certain sections of the Agreement, inclusion of the approved facilities, and the previously proposed enhancements.
Tasks performed outside of the original scope and fee estimate:
* Individual meetings with the City Council members to review the initial evaluation report and the updated evaluation report.
* Updating the rate revenue analysis, evaluation report and presentation tables to reflect the City's solid rates that go into effect July 1, 2022 under the existing Waste Management franchise agreement
* OneadditionalCityCouncilmeetingtoselectthehaulerpriortoapprovaloftheAgreement.Our scope included one City Council meeting to present the evaluation report, and one City Council for the approval of the final Agreement.
The term for the transition services shall commence upon award of the new waste hauler franchise agreement, anticipated on July 12, 2022, and continue until the available budget is utilized.
July 6, 2022 Page 1- 3 HF&H Consultants, LLC
90 ATTACHMENT I
We will perform the scope of work based on time and materials at the hourly rates contained in our existing agreement with the City. The estimated cost for this scope of work is 571,600 plus 65,000 for the additional negotiation assistance. Our actual costs could be higher or lower than estimated depending on the level of support requested by the City. We will notify you in writing if additional budget is required, and we will not proceed prior to obtaining written authorization should a budget adjustment be required. We will bill the City once per month based on the number of hours worked multiplied by our hourly billing rates, plus expenses incurred. Payment is due within 30 of invoicing.
Workplan
'xa a.-x z
aim - - - - l
:'ail'llli il'l"li7'Tfl!ffi kwusrnx z i
A -- -# !&l*-a & --j-& - - - - I '
't. 1yanaargn+axanm I
IA ReuewContractor'slmpmn'ema!ionPlansandSchedule 1
IB Re&ewand Reusion of Trans'tlon Public EducaUon
1C Re*ewReporUngForms 1
10 Re*ewCustomerBIlllngFormitandFeeCabulauons 1
IE Bi-WeeklyVirtualTransltlonMedn(Is
8ubtotal:TasklHours 3
TasklFees 916
2. Mandatory Commerclal Recycllng and Organlcs Regulatlon Complljnce 2A Prepare public educauon and oukeach nmerials
2B RettlewprogiamparUcipation 1
2C Brief City on program updates -
8ubtotal:Task2Hours I
Taak2Fees $ 305
8 8
4 2
3 38
11,020
' 2
4 4
10 $ 2,900
8 8
8 4
20 48
10,800
2 2
4 $ 900
18 16
a
4 _,___!!
70 11,830
8 e
14 $ 2,386
33 32
21 if
2 169
34,686
12 13
4 29
$ 6,471
3 8B 1383 Asslatance
3A Renew public educaUon and outreach to 'ner 1 and Tier edible food generators
3B Prepare annual compliance report
3C Maintaln Implementation records
Subtotal: Task 3 Hours
Task 3 Fees
4 CalRecycb Aasistance
4A Prepare Elffitronic Annual Repor!
4A Respond to questions from CalRecycle and prepare for and participate in annual metings
Subtotal: Task 4 Hours
Task 4 Fees
AddRional Funds to Complete Negotiation Asslstance Hours
Fees
Total Hours
$
$
2 $ 610
6 4
2 6
$ 1,740
4 4
$ 1,160
9 $ 2,690
67 6
8 8
22 $ 4,9!i0
6 4
10 $ 2,250
8 $ 1,800
92 ie
40 32
as
$ 14,872
18 18
32 $ 6,408
$
204
22 62
Q
116
$ 21,662
22 2
48 $ 8,818
19 $ 6,000
389
Hourty Rate
Subtotal
Expenses
Total Fees and Expenses
$ 306
$ 1,830
$ 290
$ 19,410
$ 226
$ 20,700
$ 189
$ 34,47ti $ 76,418
$ 184
$ 76,600
' Hours rmy be shlflm among taaks
Limitations
@ City staff will be responsible for resolving disputes, if any, between the UWS and the previous waste hauling contractor.
July 6, 2022 Page 1- 4 HF&H Consultants, LLC
91 ATT ACHMENT C
Amendment No. l
Contract No. 2021-70-CC
AMENDMENT N0. 1
TO CONTRACT N0. 2021-70-CC WITH HF &H
FOR PROFESSIONAL SERVICES FOR
ASSISTANCE WITH THE COMPEIIIIVK
PROCUREMENT FOR A SOLID WASTE
CONTRACTOR
This Amendment No. 1 to Contract No. 2021-70-CC for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Amendment No. I "), is made and entered into on June 6, 2022, by and between the City of South Gate, a municipal corporation ("City"), and HF&H Consultants, LLC., a California corporation ("Consultant"). City and Contractor are sometimes hereinafter individuallyreferred to as a "Party" and collectively as "Parties."
RECITALS:
WHEREAS, on Mayll, 2021, the City Council approved Contract No. 2021-70-CC with Contractor ("Agreement") for professional semces to develop a Request for Proposal and manage the competitive selection process to procure a new franchise agreement for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of One Hundred Fifty Thousand Dollars ($150,000).
WHEREAS, the Agreement includes a scope of work to negotiate with one solid waste and recycling services provider, however, on April 19, 2022, the City Council provided direction to negotiate a "Best and Final" offer with three solid waste and recycling services providers in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services.
WHF,REAS,theCityandConsultm'itdesiretoexecuteAmendmentNo. 1 forprofessional services to negotiate with two additional solid waste and recycling services providers, for a total of three, in an amount not to exceed Tbirteen Thousand Dollars ($13,000), in accordance with services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No.l to a total sum of One Hundred Sixty-Three Thousand Dollars ($163,000).
NOW, THERH,FORE, THE PARTIES HERF,BY AGREE AS FOLLOWS:
1. COMPENSATION.
The amount of compensation paid by City to Consultant for the work identified in Exhibit "A" shall not exceed Thirteen Thousand Dollars ($13,000).
Page I of 3
92 Amendment No. 1
Contract No. 2021-70-CC
SCOPE OF WORK.
City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Amendment No. 1. The Scope of Services may be mutually amended from time to time by both Parties in writing EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section I above. Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
IN WITNF,SS WHEREOF, the Parties hereto have caused this Amendment No. l to be executed and attested by their respective officers hereunto duly authorized. [Remainder of page left blank intentionally.]
93 Amendment No. 1
Contract No. 2021-70-CC
CITY OF GATE:
ChrisJeffers,hiW.
ATI'KST:
BY:
Yodit City Clerk
(SEAL)
APPROVED AS TO FORM:
F. Salinas, City Attorney
CONSULTANT:
B7:
a\2et, kPresident
Date:
20 94
EXHIBIT A
2081 Business Center Dr., Suite 265
Irvine, CA 92612
Telephone: 949/251-8628
www.hfh-consultants.com
Robert D. Hilton, Emeritus
John W. Farnkopf, PE
Laith B. Ezzet, CMC
Richard J. Simonson, CMC
Marva M. Sheehan, CPA
Robert C. Hilton, CMC
Mr. Arturo Cervantes, P.E.
Assistant City Manager/Director of Public Works
Ms. Gladis Deras
Senior Engineer
City of South Gate
Department of Public Works
8650 California Avenue, South Gate, CA 90280
Subject: Contract No. 2021-70-CC Request for Additional Funds Dear Mr. Cervantes and Ms. Deras,
HF&H Consultants, LLC (HF&H) appreciates the opportunity to continue to assist the City of South Gate (City) with its competitive procurement for solid waste services.
The City received three proposals from qualified solid waste providers in response to the request for proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services. During the April 19, 2022 City Council Study Session, City Council directed City staff to negotiate with all three proposing companies.
HF&H's approved Fee Estimate included in Contract No. 2021-70-CC between the City of South Gate (City) and HF&H provides for a budget increase of 56,500 for each additional agreement negotiated above one.
This will increase our budget by S13,000 for a total budget of 5163,000.
The workplan below includes the additional tasks and budget.
Workolan
' Hours may be shifted amoung tasks
1 Analyses of Best and Final Rate
2 update Evaluation Report
3 Attend One Additional Council Meeting to Select
Proposer for Final Negotiations
Total Hours
Total Fees
Expenses
16 16 12 4 48
S 4,896 S 4,640 S 2,700 S 640 S 12,876
S 124
95 Mr. Art Cervantes, and Ms. Gladis Deras
May 10, 2022
**llllll*
directly at (949) 251-1106 or dmorris(a)hfh-consultants.com.
Sincerely,
HF&H CONSULTANTS, LLC
Laith Ezzet, CMC
Senior Vice President
D q
Debbie Morris, CMC
Senior Project Manager
22,- 96
ATT ACHMENT D
Contract No. 2021-70-CC
AGREEMENT FOR PROFESSIONAL SERVICES
FOR ASSIST ANCE WITH THE COMPETITIVE PROCUREMENT FOR
AN EXCLUSIVE SOLID WASTE CONTRACTOR BETWEEN
THE CITY OF SOUTH GATE AND HF &H CONSULT ANTS, LLC.
This Agreement for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Agreement"), is made and entered into on Mayl2, 2021, by and between the City of South Gate, a municipal corporation ("City"), and HF&H Consultants, LLC, a California limited liability corporation ("Consultant"). The City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, Citydesires to retain professional services for assistance with the competitive procurement for an exclusive solid waste contractor; WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the professional services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform professional services described in the Proposal attached hereto as Exhibit "A" and made a part to this Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A". The Scope of Services may be mutually amended from time to time by both Parties in writing.
2. COMPENSATION. The total amount of compensation paid by the City to Consultant for this Agreement shall not exceed the sum of One Hundred Fifty Thousand Dollars ($150,000) as described in Exhibit "A." City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the Director of Public Works.
2.1 Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between the Consultant's office and City Hall shall not be billable; however, mileage is an allowable charge reimbursable at the federal rate. Consultant may request an exemption on a case by case basis.
2.2 Consultant shall submit to City a monthly invoice for services rendered included in Exhibit "A." City shall pay the Consultant within forty-five (45) days of receipt of the invoice.
Page I of 10
97 2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
TERM OF AGREEMENT. This Agreement is effective as of May 12, 2021, and will remain in effect through the execution of a new exclusive solid waste franchise agreement between the City and a solid waste hauler, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
CITY AGENT. The Director of Public Works, for the purposes of this Agreement, is the agent for the City. Whenever approval or authorization is required, Consultant understands that the Director of Public Works has the authority to provide that approval or authorization.
CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located within City which may be affected by the services to be performed by Consultant under this Agreement. Consultant furthetrepresents that inperfortnance ofthis Agreement, no person having such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the term of this Agreement.
5,1 Consultant represents that no City employee or official has a material financial interest in the Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in the Consultant's business or in this Agreement by any City employee or official.
GENERAL TERMS AND CONDITIONS.
6.1 Termination for Convenience. The City may terminate this Agreement at any time without cause by giving fifteen (15) days written notice to Consultant of such temiination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided herein, Corisultant will be paid a total amount equal to its outstanding fees for services rendered as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
6.2 Termination for Cause.
6.2.1 The City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
,af 98
a.
b.
If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof, or
If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.
6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.
6.2.3 IfthisAgreementisterminatedasprovidedaboveinSubsection6.2.1,City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computation, surveys, models, or other similar documentation prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to otherdocuments whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.
6.2.4 If, after notice of tennination of the Agreement under the provisions of Subsection6.2.l above,itisdetermined,foranyreason,thatConsultantwas not in default, or that the default was excusable, then the rigl"its and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6. l above.
6.3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.
6.4 Non-Discrimination.
6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and City governments. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry,
99 sex, national origin, disabled or age. Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, are free from such discrimination. Such employment practices include but are not limited to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
6.4.2 The provisions of Subsection 6.4.1 above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporatedhereinbythisreference.AcopyofExecutiveOrderNo. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.
6.5 Insurance. Consultant shall submit to City certificates indicating compliance with the following minimum insurance requirements no less than one (l) day prior to beginning of performance under this Agreement:
6.5.1 Workers' Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
6.5.2 Comprehensive general and automotive liability insurance protecting Consultant in amounts not less than $1,000,000 for personal irijury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a.
b.
e.
Be issued by a financially responsible insurance company or companies admitted or authorized to do business in the State of California or which is approved in writing by City.
Name and list as additional insured City, its officers and employees.
Specify its acts as primary insurance.
Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled or materially changed except upon thirty (30) days prior written notice to City of such cancellation or material change."
Cover the operations of Consultant pursuant to the terms of this Agreement.
100
6.6 Indemnification. Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third parties not acting on behalf of, at the direction of, or under the control of Consultant.
6.7 Compliance With Appltcable Law. Consultant and City shall comply with all applicable laws, ordinances and codes of the federal, state, county and city governments, without regard to conflict of law principles.
6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between City and Consultant.
6.8.1. Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement
6.8.2. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold hamiless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any fees assessed and interest, which would otherwise be the responsibility of City.
6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City.
Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of the Consultant.
101
6.9 Consultant's Personnel.
6.9.1 All services required under this Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, perinits and licenses required by State and local law to perform such services, iicluding, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
6.9.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable perfon'nance standards established by City.
6.9.3 Consultant shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
6.9.4 Consultant shall indemnify and hold harmless the City and all other related entities, officers, employees, and representatives, from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices, or of any acts or omissions by Consultant in connection with the work performed arising from this Agreement.
6.10 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Consultant.
6.11 Legal Construction.
6.11.1 This Agreement is made and entered into in the State of California and shall iri all respects be interpreted, enforced and governed under the laws of the State of California, without regard to conflict of law principles.
6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and everyprovision ofthis Agreement shall be construed as though each of the parties participated equally in the drafting of the same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
6.11.3 The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
27 102
6.11.4 Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.12 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check.
However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
6.13 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all enors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to the Consultant.
6.14 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.15 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver ofsuch Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
6.16 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.
2'i 103
6.17 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.18 Attorney's Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorney's fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorney's fees and costs in addition to all other reliefto which that Party or those Parties may be entitled.
6.19 Entire Agreement and Amendments. This Agreement, including Exhibit "A" attached hereto which is incorporated herein by this reference, constitutes the whole agreement between City and Consultant, and neither Party has made any representations to the other except as expressly contained herein. Neither Party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.
6.20 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery, and depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
City of South Gate
Arturo Cervantes
Assistant City Manager/
Director of Public Works
8650 California Avenue
South Gate, CA 90280
E*maxl: aCelTunfCS.(11"='
WITH COURTESY COPY TO:
City of South Gate
Carmen Avalos
City Clerk
8650 California Avenue
South Gate, CA 90280
E-mail: cavalos(u..scicate.orq
TO CONSULT ANT:
HF&H Consultants, LLC.
Laith Ezzet, CMC
Senior Vice President
19200 Von Karman Avenue
Suite 360
Irvine, CA 92612
E-mail: leuzct(a ht1i-ccinsultams.coin
.M 104
6.21 Warranty of Authorized Signatories. Each of the signatories hereto wanants and represents that he or she is competent and authorized to enter into this Agreement on behaIf of the Party for whom he or she purports to sign.
6.22 Consultation With Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.
6.23 Interpretation Against Drafting Party. City and ConsuItant agree that they have cooperated in the review and drafting of this Agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be construed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.
6.24 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all Parties herein.
[Remainder of page left blank intentionally]
105
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE
BY:
AI Rios, Mayor
Dated: 6€ - 6 "' z'
ATTESTED:
BY:
Carmen Avalos, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
F. Salinas, City Attorney
HF &H CONSULT ANTS, LLC:
B)/:
e'a!th Ezzet. Sen'iot' Vice President
Dated:
.5jl/2o2 /
32- 106
Exhbrth
City or South Gate Fee Estimate
Fee Estimate - CompetiUve RFP Process
We wlll perform the scope of work for the competitive procurement submitted to the City of South Gate on February 25, 2019, based On time and materials, The estlmated total budget is 6iso,ooo. Our actual COStS Could be higher Or lower than thlS amouni depending On the COmpleXity Of the Clt7S COntraCttng process, the numberofproposalsto be evatuateti, the number ofnegotiation sessions required, and other Ta-a-o-rs -that cannot be pre-cls-ely estrmated In advance The proposed work plan Includes preparation of an Integrated resldentla and commercial RFP, gathering operatlng data, sollciting proposals, conductlng a pre-proposal conference, evaluating up to four proposals, partlclpatingin the negotiation sessionsldentified in thework plan, and finallzlngan agreement with one proposer. Should more than four proposals be submitted, we estlmate that the budget will Increase by 95,900 per proposal. If agreements are flnallxed with more than one proposer, our cost wlll Increase byl6,500foreach additional agreement.
The workplan on the next page Itemizes hours bytask and staff classlflcatlon. Hours may be shifted among tasks and staff.
April 20, 2021 Page 3 HF&H Consultanti, LLC
5?-
M 107
aty of South Gate Fee Estimate
Solld Waste Agreement Competltlve Procurement Work Pian .!!fflWfi!m
fflfFmr=ffl l il I N a I N
',j,.,aj lb#-...;ffa [Op__ii4il5'(tJ4,,,%",,,_,,-'-"';,, _,,-. -,,_." - Q F"4')" : {Z A. '-D-ado"'pdam-CO;tlaniOfns,'-a;'meal;r-mheai;'10;ocutnenlM-*-m=' -'- - aubmtled by City am Waste Managemanl
lubtotali Taskl Hours
a
8 a
--- 8
' -- - - -- %)
14 - -f4-
. .') -ia'M
30 -3-tl-
('J!!-&-Th- €t_f!Ua'!Nm%u_'::I:":::-'o'J:4,-'::=:-4:..._-;?:l:e\': tty_,+ .a,,-!M
+a -lm aa,- 49!-'
" A':-5;;;-dF:;:nt' =' -"-' a'a+ "- 'a- a'
8, pmaa doaunsnls altar rough by C17 Ablney, amT any malt, and pobiribl ptapossts
C. Ahnd Council rnaa!lng lo approw RFP packags
D. Pmpare for and afflem proposers: conference
E. Pmpaie addmida
aublolal: Task 2 Hours
20 8
s
a
6 47
80 16
s
a
28 135
: '4I - - - " sw
24 2
W
&ia sjl'iatj'
124
24 10
fit
:}4
208
eP4Q0lf iililiffi?*NTilrl eii-@-- aa':'-i"'-'-'-'+r"'= -- -_-. -._ t-=i..a:htbSlit-i- . . ,,_'__q-=,;:- t(L -"--5yy" ' - - aQA Abn
K.,,_,
12 a
12 6
16 .34al)%ly_....- -
.!'!'--l(l '-Yaj&
a
24 a
12 6
18 f-'i_,n.
iyriaai. ' " ail""-._. 'i'
Q
4 [
t.=..-..-. -ia=)
a
76 14
28 12
32 -'Q.-; %; oleoa
B. EmluamcampbmpropomJmalmumofroui)
C. Prepare Tolhwup queitlorui (or proposers
D. Relay rasponses am clarify iinraaohed lasuea
e. DIeuuprelmra7aeluatlonWtiCIJbff
F. ImrJswproposeis
Ail. lallll61 I al al a It;W 1111 I a;1111 ffll lal lual IQ 11011181 H. PrepsramakmUonrepori,raJThCityiWandpmsanlkiCi)yCouncll Subtofali Task 3 Hours
1 2
76 2
jO
ita
a
8 60
11 70
261
rln7sonMlaffiNfflF;in[sr;!anW!F'lt:. ""'ir"'t"qr'a".o -ila'r_mf,at ffii#}a, a .+-I, -!-0. 5ia'' .p
' A--Pr"eparefor-andp;-tlclpaleln-;-on-'-a'-} "'
B. PiepretemsedparUomolAgieement
C. AttendCauncllmea!ing(orappromloffinalagresimnl
8ublolali Task 4 Hours
Total Hours
- - 20'
a
4 32
affl2
24 30
4 88
317 laa
44 38
a
90 C!I
Houi%r Rale
8ubtotal
bpeni*s
Total Faoa and ffxpomas
$ 299
I 48,438
s tag
$ 85,273
$ ia(l
$ 16,000 $ 149,711
$ 289
S i8dJW
April 20, 2021 Page 4 HF&H ConsuRants, LLC
g
108
CffVMANAOIR'S OFFICE Item No. 6
NOV 15 2022
'h,J:lr;,=Aa C'Uy of South Gate
CITY COUNCIL
AG-ENJDA IBT[LL
For the Regular Meeting of: November 22, 2022
a a a Department: Public Works
Department Director:
i' es
City Manager:
(/Iris %ffers
SUBJECT: AMENDMENT NO. l TO CONTRACT N0. 2020-96-CC FOR
GROUNDWATER PUMPING WATER RIGHTS LEASE AGREEMENT BETWEEN
THE CITY OF SOUTH GATE AND THE CITY OF CERRITOS
PURPOSE: Amending the current lease agreement with the City of Cerritos to extend the term for an additional two years, which will generate revenue for the Water Fund which can be used for infrastructure improvements to benefit customers in South Gate.
RECOMMENDED ACTIONS: The City Council will consider:
a.
b.
Approving Amendment No. 1 to contract No. 2020-96-CC ("Amendment No. 1") for Groundwater Pumping Water Rights Lease Agreement with the City of Cerritos to lease 1,000 acre-feet of the City of South Gate's unused water rights, annually, for a two-year term effectiveJmy 1, :).023; and
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact to the General Fund. Amendment No. l will generate revenue in the amount of $190,000 each fiscal year for a total of $380,000 for the two- year term.
ANALYSIS: The City can lease its iu'iused water rights. Annually, the City has 11,183 AF of water from the adjudicated APA and a water demand of 8,300 AF, leaving an estimated 2,883 AF of unused water rights aru"iually. Unused water rights cargover annually but the unused water rights are subject to lapse if the balance exceeds 6,210 AF. Currently, the City has a projected balance of over 3,138 AF of unused water rights.
A Request for Proposal ("RFP") was issued to competitively select lease agreements on June 23, 2022, and no bids were received. However, the City of Cerritos agreed to amend the existing contract and extend the lease for two more years with the same terms. Staff is recommending amending the contract with the City of Cerritos extending the term at the same rate of $190 per AF.
1 109
Staff contacted the Water Replenishment District ("WRT)") to obtain the market value of Water Rights and, based on limited information, the rates averaged between $165 to $190 per AF.
BACKGROUND: The City owns and operates a municipal water system that serves over 14,300 customers. The water system is 100% dependent on groundwater. The City extracts groundwater utilizing its water rights. The City has been leasing unused water rights for the last ten years, primarily to prevent their lapsing, and to generate revenue for the Water Fund.
The Public Works Department's policy is to properly manage the City's water rights which requires maintaining an adequate contingency in water rights in case conditions change. Below is a summary of the status of the water rights which demonstrates that the proposed leases are feasible while meeting the Department policy.
FY 2022/23 FY 2023/24 FY 2024/25
Drought Cargover- "91" 447 AF 447 AF 447 AF
Anticipated carryover 1,708 AF 3,138 AF 5,468 AF
Allowed Pumping Allocation (APA) 11,183 AF 11,183AF 11,183 AF Water Pumped (Groundwater) (3,800) AF (8,300) AF (8,300) AF Water Pumped (Stored Water) (4,500) AF
Lease to Cerritos (1,000) AF (1,000) AF (1,000) AF
Lease to Compton (900) AF
"Contingency (Water Rights
Balance) 3,138 AF 5,468 AF 7,798 AF
* Water rights lapse if the balance exceeds 6,210 AF.
B. Contract No. 2020-96-CC
CC:lc
2 110
AMENDMENT NO. I TO CONTRACT N0. 2020-96-CC FOR
GROUNDWATER PUMPING WATER RIGHTS LEASE AGREEMENT
BETWEEN THE CITY OF SOUTH GATE AND THE CITY OF CERRITOS This Amendment No. 1 to Contract No. 2020-96-CC for Groundwater Pumping Water Rights Lease Agreement ("Amendment No. 1 ") is made and entered into on November , 2022, by and between the City of South Gate, a municipal corporation ("Lessor"), and the City of Cerritos, a municipal corporation ("Lessee"). Lessor and Lessee are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on September 22, 2020, the South Gate City Council approved Contract No. 2020-96-CC with the City of Cerritos ("Lease Agreement ") for a three-year term through and including June 30, 2023, in the amount of One Hundred and Ninety Thousand Dollars ($190,000) each Fiscal Year for 1,000 acre-feet of water rights without flex at a rate of $190 per acre-foot and for a total sum of Five Hundred and Seventy Thousand Dollars ($570,000); and WHEREAS, the City and Lessee desire to execute Amendment No. 1 extending the term of the Agreement for an additional two-year term through and including June 30, 2025, in the amount of One Hundred and Ninety Thousand Dollars ($190,000) each Fiscal Year for 1,000 acre-feet of water rights without flex at a rate of $190 per acre-foot, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No. 1 to a total of Nine Hundred and Fifty Thousand Dollars ($950,000).
NOW, THEREFORE, the parties hereby agree as follows:
1. TERM OF AGREEMENT
The term of the Agreement shall be extended by two (2) additional years through and including June 30, 2025, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement.
2. COMPENSATION.
The amount of compensation paid by the City of Cerritos to the City of South Gate for the extended term of Agreement pursuant to Section 1 above shall not exceed Three Hundred and Eighty Thousand Dollars ($380,000). The aggregate total of the Agreement and Amendment No. I shall not exceed Nine Hundred and Fifty Thousand Dollars ($950,000).
3. EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section 1 above.
111
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE: CITY OF CERRITOS:
By:
AI Rios, Mayor
Dated:
B7:
Arthur Gallucci, City Manager
Dated:
ATTEST: ATTEST:
By: B7:
Yodit Glaze, City Clerk
(SEAL)
Vida Barone, City Clerk
APPROVED AS TO FORM:
F. Salinas, City Attorney Bill Thrke, City Attorney
112
Contract No. 2020-96-CC
GROUNDWATER PUMPING WATER RIGHTS LEASE AGREEMENT
BETWEEN THE CITY OF SOUTH GATE AND
THE CITY OF CERRITOS
This Groundwater Pumping Water Rights Lease Agreement ("Lease Agreement"), is made and entered into on September 22, 2020 and retroactively effective July 1, 2020, by and between tlie City of South Gate, a municipal corporation ("Lessor"), and tlie City of Cerritos, a municipal corporation ("Lessee"). Lessor and Lessee are soinetimes liereinafter individually referred to as a "Party" and collectively as the "Parties."
RECIT ALS
WHERF,AS, Lessor has certain Allowed Pumping Allocation ('APA") riglits under and pursuant to tliat ceitain Judgment entered in tlie action entitled "Central and West Basin Water Replenishment District vs. Charles E. Adai'ns, et. al,' Los Angeles Superior Court Case No. 786656 ("Action"); and
WHEREAS, Lessor has determined that it is in its best interests to lease water extraction rights, without flex rights, to Lessee under the terms set foith lierein.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
(2) Lessee agrees to pay to Lessor the sum of One Hundred and Ninety Thousand Dollars ($190,000) each Fiscal Year for 1,000 acre-feet of water riglits witliout flex at a rate of $190 per acre-foot and for a total sum of Five Hundred and Seventy Thousand Dollars ($570,000).
(3) Lessor will invoice Lessee within thirty (30) days after the Effective Date (defined in paragraph 5 below) of this Lease Agreement for the first Fiscal Year of the Term, and anmially thereafter within thirty (30) days after tlte beginning of the second Fiscal Year or the Term. Payt'nent must be made within fourteen (14) days after Lessor transmits the invoice to Lessee.
(4) Lessee shall exercise said riglit and extract the same on behalf of Lessor during the Lease Term and put the same to beneficial use. Lessee shall not by the exercise hereunder of said riglit acquire any right to extract water independent of tlie rights of Lessor.
113
Contract No. 2020-96-CC
(5) The Term of tliis Lease Agreement shall retroactively coi'niiience July 1, 2020 ("Effective Date") and shall expire by its own accord on June 30, 2023, or wlien Lessee lias extracted the permitted acre feet of water per year under this Lease Agreeinent. (6) This Lease Agreei'nent i'nay be terininated as follows:
A. Autoi'natically, at the expiration of tlie term;
B. Upon i'nutual written agreeinent between the Parties; or C. Sliould either Party inaterial)y breac)i this Lease Agreemei'it and fail to cure sucli breach within thirty (30) days of being notified by the other Party regarding such breach to the non-breaching Party's reasonable satisfaction. (7) Lessee shall pay replenisht'nent assesst'nents levied on the pumping of said grocindwater by the Water Replenishment District of Soutliern California. (8) Lessee shall notify tliat District and its Watermaster that said pumping was done pursuant to this Lease and provide tl'ie Watermaster witli a copy of tliis Lease Agreei'nent. (9) Lessee shall note, in any recording of water production for the Term of tliis Lease Agreeinent tliat said pumping was done pursuant to this Lease Agreement. (10) Lessee's APA shall not be increased by the amount liereby Leased when computing carryover or allowable over extraction as provided by Pait III Subpart A and B in said Judginent.
(I 1 ) Lessee and Lessor represent and warrant that they have tlie right, power, legal capacity and autliority to enter into and perform their respective obligations under this Lease Agreeinent. (12) Lessee and Lessor shall each indemnify. defend and hold the other harmless from and against al) claii'ns, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) arising from the indeinnifying party's breach of any teim or condition of this Lease Agreement or from the negligence or willful misconduct of the indemnifying party or its agents or employees. (13) Lessor warrants that it has 1,000 acre-feet of APA and that it has not pumped and will not pump or permit any other person to puinp any pait of said 1,000 acre-feet during eacli Fiscal Year retroactively commencing July 1, 2020 and continuing tl'irough and including June 30, 2023.
[Remainder of page left blank intentionally]
114
Contract No. 2020-96-CC
IN WITNESS WHEROF, the Parties liereto liave caused tliis Lease Agreeinent to be executcd and attested by tlieir respective officers tliereuiito duly autliorized.
CITY OF SOUTH GATE:
BY:&, ,,44*A
Dated: 7z4 -;z-sz#
CITY OF CERRITOS:
Aithur Gallucci. Cite Manager
ATTESTED
Cari'nen Avalos, City Clerk
(SEAL)
ATTESTED:
B7: V&k
Vida Barone, City Clerk
APPROVED AS TO FORM: APPROVF,D AS TO FORM:
L}l F. Salinas, City Attorney Mark W. Steres, City Attorney Page3of3
115
effYmahaatnfsomet Item No. 7
NOV 15 2022
It:i:=;xwt Cig ofSouth Gate
CITY COUNCIL
AGENDA BNLL
Department Director:
For the Regular Meeting of: November 22, 2022
Ori i i Department: Public Works
o ervantes
SUBJECT: AGREEMENT WITH HYDROSCIENTIFIC WEST TO PROVIDE AS-
NEEDED TECHNICAL SUPPORT SERVICES FOR THE SUPERVISORY CONTROL
AND DATA ACQUISITION (SCADA) SYSTEM OF THE CITY'S MUNICIPAL WATER SYSTEM
PURPOSE: To approve an Agreement with HydroScientific West ("HSW") for a two-year term for as-needed technical support services. The City utilizes the services of a consultant for as- needed technical support services of the Supervisory Control and Data Acquisition (SCADA) System.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an Agreement with HydroScientific West for as-needed technical support services for the Supervisory Control and Data Acquisition (SCADA) system, for a two- year term with an option to extend up to two years, for an amount not-to-exceed $30,000, annually; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The total amount of the Agreement is $60,000, which is $30,000, annually, for atwo-year period, and will be funded with Water Funds budgeted in Account No. 411-731-71-6101.
ANALYSIS: The City utilizes the services of HSW for as-needed technical support services for the SCADA System under Contract No. 3377 which was set to expire on September 30, 2022. On September 13, 2022, the City Council extended the contract on a month-to-month basis, for up to six months, to provide time to issue a Request for Proposal ("RFP") to procure a new contract. The RFP has since been issued and only one proposal was received; and it was from HSW.
Staff is recommending proceeding with awarding a new contract to HSW, for a two-year term with an option to extend the contract up to two years. The proposed contract will commence effective December 1, 2022, and will expire on November 30, 2024, unless extended by the City Council.
The proposed budget is $30,000, annually.
Continuing the service agreement with HSW provides the following benefits: 1) having installed the current SCADA system in 2013, HSW has detailed knowledge of the system unique to the 1 116
City; 2) contracting with the current service provider will minimize any software security concerns; (3) reasonable fees; (4) a licensed CIO Electrical Contractor and certified system integrator; and (5) a proven track record of troubleshooting complex technical iSsues by the service provider.
BACKGROUND: The City's municipal water system is a complex network of facilities consisting of ten water wells, four booster pump stations, four reservoir sites, and over 135 miles of water distribution pipelines. One of the tools utilized to manage and operate the water system's facilities is laiown as the SCADA system. The SCADA system is a software and hardware program that provides the ability to operate water facilities remotely, in real-time, from a central computer station located at the City's Corporate Yard. SCADA software and hardware is installed at the location of several water facilities. That said, the SCADA system is a vital component of the water system.
The SCADA System requires regular maintenance, troubleshooting, software and hardware upgrades, and technical support of the type that is common to any computer-based system.
Technical support is also required after infrastructure upgrades are completed, such as, to install or integrate new components to the SCADA system.
On August 30, 2022, an RFP for the engineering services was sent to five firms. On October 17, 2022, City Clerk's Office received one proposal submitted by HSW.
The proposed Agreement provides the following technical support services:
* Troubleshoot instrumentation and hardware to rectify system issues. * Install new control components and hardware as directed by the City staff. * Upgrade/enhance existing monitoring systems at remote sites to supplement capital projects. @ Ensure so'Jiware updates on a continuous basis. Provide continuous remote assistance. * Meet with City staff and other support contractor to ensure the integrity of the SCADA System.
Located in the City of Escondido, HSW is a reputable company in water facility maintenance and rehabilitation. HSW has the necessary technical expertise, and experience to provide the City as- needed emergency repairs and major maintenance services.
HSW's performance record with the City has met expectations. They have provided similar services for purveyors such as the City of Pico Rivera, Metropolitan Water District, United States Bureau of Reclamation, and Kern Water Bank Authorities.
ATTACHMENT: Proposed Agreement
AA:lc
2 117
AGREEMENT FOR AS-NEEDED
SERVICES BETWEEN THE CITY
HYDROSCIENTIFIC WEST
TECHNICAL SUPPORT
OF SOUTH GATE AND
This Agreement for Professional Services for As-Needed Technical Support Services for the Supervisory Control and Data Acquisition System ("Agreement") is made and entered into on November 22, 2022, by and between the City of South Gate, a municipal corporation ("City"), and HYDROSCIENTIFIC WEST, a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, City desires to retain a qualified provider for certain services relating to As- Needed Technical Support Services for the Supervisory Control and Data Acquisition ("SCADA") System; and
WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the Professional Services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform the services as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing.
2. COMPENSATION FOR SERVICES. The total amount of compensation for this Agreement shall not exceed Thirty Thousand Dollars ($30,000) during the term of each year identified in Section 3, below and as described in Consultant's proposal attached hereto as Exhibit "B." City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by Assistant City Manager/Director of Public Works or his/her designee.
2.1 Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.
2.2 Consultant shall be paid in accordance with the schedule included in Consultant's 5116863.1-L235.0 (Form Rev. 9/8/21)
118
Agreement for Professional Services
HYDROSCIENTIFIC WEST
proposal attached hereto as Exhibit "B. City shall pay Consultant within thirty (30) days of receipt of the invoice.
2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
3. TERM OF AGREEMENT. This Agreement is effective as of December 1, 2022 and will remain in effect for a period of two years from said date, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided herein. The contract may be extended for up to a two-year period at the discretion of the City and with City Council approval.
4. CITY AGENT. The Assistant City Manager/Director of Public Works ("Director"), or his/her designee, for the purposes of this Agreement, is the agent for City. Whenever approval or authorization is required, Consultant understands that the Director, or his/her designee, has the authority to provide that approval or authorization.
5. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by Consultant under this Agreement.
Consultant 'further represents that in performance of this Agreement, no person having any such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will imtnediately notify City of any other conflict of interest that may exist or develop during the term of this Agreement.
5.1 Consultant represents that no City employee or official has a material financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this contract, Consultant shall not offer, encourage or accept any financial interest in Consultant's business or in this Agreement by any City employee or official.
6. GENERAL TERMS AND CONDITIONS.
6.1 Termination for Convenience. City may terminate this Agreement at any time without cause by giving fifteen (15) days written notice to Consultant of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided herein, Consultant will be paid the total amount of its costs as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
5116863.1-L235.0
119
Agreement for Professional Services
HYDROSCIENTIFIC WEST
6.2 Termination for Cause.
6,2.1 City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
a. If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof, or b. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure withing a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.
6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated. 6,2.3 If this Agreement is terminated as provided above in Subsection 6.2.1, City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computations, surveys, models, or other similar documentation prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.
6.2.4 If, after notice of termination of the Agreement under the provisions of Subsection 6.2.1 above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6.1. above.
6.3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.
6.4 Non-Discrimination.
6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of to race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, 5116863.1-L235.0
120
Agreement for Professional Services
HYDROSCIENTIFIC WEST
national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and the City governments. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, disability, or age.
Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, are free from such discrimination. Such employment practices include, but are limited to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
6.4.2 The provisions of Subsection 6.4.2 above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data, and records of Consultant and its subcontractors for' purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.
6,5 Insurance. Consultant shall submit to City, certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
6.5.1 Workers Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such workers' compensation insurance for their respective employees.
6.5.2 Comprehensive general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. Be issued by a financially responsible insurance company or comparues admitted and authorized to do business in the State of California or which is approved in writing by City.
b. Include an Additional Insured Endorsement (CG 20 10 11 85) naming the 5116863.1-L235.0
121
Agreement for Professional Services
HYDROSCIENTIFIC WEST
City of South Gate and its agents as an additional insured with respect to the City's and its officers and employees' interests under this Agreement.
This is to be complied with by presenting an appropriate insurance policy.
The limits of insurance provided to the additional insured shall be the greater of that set forth in this Agreement or the full pre-occurrence limit set forth in the policy.
c. State that the insurance provided to the additional insureds is primary and non-contributory to any other insurance (including without limitation primary, umbrella, excess, self-insurance, or any other basis) available to the additional insureds.
d. Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except upon thirty (30) days prior written notice to City of such cancellation or material change."
e. Cover the operations of Consultant pursuant to the terms of this Agreement.
6.5.3 Professional liability insurance with a limit of not less than $1,000,000 per claim and $5,000,000 annual aggregate.
6.6 Indemnification. Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from claims or actions asserted against City and/or any other City agency caused by Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement or arising from Consultant's alleged violations of personnel practices, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third parties not acting on behalf of, at the direction of, or under the control of Consultant.
6.7 Compliance with Applicable Law. Consultant and City shall comply with all applicable laws, ordinances, and codes of the Federal, State, County and City governrnents, without regard to conflict of law principles.
6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between City and Consultant.
6.8.1 Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or 5116863.1-L235.0
122
Agreement for Professional Services
HYDROSCIENTIFIC WEST
any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement.
6.8.2 Indemnification of CalPERS Determination - In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemni:ty, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of City.
6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City. Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of Consultant.
6.9 Consultant's Personnel.
6.9.1 All services required under the Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
6.9.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
6.9.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance and Social Security.
6.9.4 Consultant shall indemni'fy and hold harmless City and all other related entities, officers, employees, and representatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel 5116863.1-L235.0
123
Agreement for Professional Services
HYDROSCIENTIFIC WEST
practices or of any acts of omissions by Consultant in connection with the work performed arising from this Agreement.
6,10 Copyright. No reports, maps or other documents provided to City by Consultant in performance of this Agreement will be published by Consultant without the prior written permission of City.
6.11 Legal Construction.
6.11.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California without regard to conflict of law principles.
6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
6.11.3. The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
6.11.4. Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6,12 Counterparts. This Agreement may be executed in counterparts and, as so executed, shall constitute an agreement which shall be binding upon all Parties hereto.
6.13 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, :turnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, sub- consultants, and agents.
6.14 Corrections. In addition to the above indemnification obligations, Consultant shall 5116863.1-L235.0
124
Agreement for Professional Services
HYDROSCIENTIFIC WEST
correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably, timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant.
6.15 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.16 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, Or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
6.17 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party,
6.18 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in :tull force without being impaired or invalidated in any way.
6.19 Attorneys' Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that Party or those Parties may be entitled.
6.20 Entire Agreement and Amendments. This Agreement constitutes the whole agreement between City and Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information 5116863.1-L235.0
125
Agreement for Professional Services
HYDROSCIENTIFIC WEST
not contained in this Agreement. Any amendments, changes or modifications to tis Agreement must be made in writing and appropriately executed by both City and Consultant.
6,21 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery and depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
City of South Gate
Arturo Cervantes
Assistant City Manager/
Director of Public Works
8650 California Avenue
South Gate, CA 90280
Email: [email protected]
TEL: (323) 563-9567
TO CONSULT ANT:
HydroScientific West
Ronald Nauman.
President
926 South Andreasen Drive #106
Escondido, CA 92029
E-mail: rnauman(Qhydroscientificwest.com
TEL: (858) 735-8359
WITH COURTESY COPY TO:
City of South Gate
Yodit Glaze, City Clerk
8650 California Avenue
South Gate, CA 90280
Email: yglaze(isogate.org
TEL: (323) 563-9511
6,22 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. 6,23 Consultation with Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.
6.24 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be construed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.
7, EFFECTIVE DATE. The effective date of this Agreement is November 22, 2022 and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
5116863.1-L235.0
126
Agreement for Professional Services
HYDROSCIENTIFIC WEST
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
By:
Al Rios, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
B7:
Raul F. Salinas, City Attorney
HYDROSCIENTIFIC WEST:
BY:
Ronald Nariman, President
Dated:
5116863. I-L235.0
127
EXHIBIT A
SCOPE OF WOa
AS-NF,EDED TF,CHNICAL SUPPORT SERVICES FOR THE SUPERVISORY
CONTROL AND DATA ACQUISITION (SCADA) SYSTEM OF THE CITY'S
MUNICIP AL WATER SYSTEM
I. PURPOSE
The City of South Gate ("City") is requesting proposals from qualified firins to provide As-Needed Technical Support Services for the Supervisory Control and Data Acquisition (SCADA) System of the City's Municipal Water System utilized to manage and operate the City's municipal water system. The Consultant will provide the suppoit services to the City for proper local and remote monitoring, operation, and troubleshooting of the water system.
The SCADA System requires regular maintenance, troubleshooting and upgrades, as well as itnmediate technical support of the type that is coi'nirion to any coinputer-based system. From time to time, technical support is also required after infrastructure upgrades are completed, such as, to install or integrate new coi'nponents to the SCADA system.
II. AGREEMENT TERM
The teri'n of the Agreement for as-needed technical support services for the Supervisory Control and Data Acquisition System is for three years with a provision for two-year contract extension. m. BACKGROUND
The City's municipal water system is a complex network of facilities consisting of eight active water wells, three standby water wells, four booster pump stations, four reservoir sites, and over 135 miles of water distribution pipelines.
The City's water system serves the approximately 90 percent; Golden State Water Company serves the Hollydale area; and Tract 180 Mutual Water Company and Walnut Mutual Water Company serves a few properties in the City. There are over 14,500 custoiner accounts that the City is servicing including residential, commercial and industrial customers. The City also has several recycled water service connections to serve mainly landscape irrigation.
Currently, the City's potable water demand is met by eight active wells (see Figures 1 and 2, and Table 1). The annual production is approxii'nately 8,300 acre-feet and the City has an Allowed Pumping Allocation (APA) of 11,183. Three additional wells (Well No. 13, 23, and 25) in the system are classified standby at present due to elevated levels of iron, inanganese, or other volatile organic carbon (VOC) contaminants as classified by EPA.
Well No. 28 and 29, located at Ardmore Avenue, are primary production wells for the west side of the City. Well No. 26 and No. 27, located at Tweedy Boulevard, serves south west portion of the City. Wells No. 13 (standby), 14, 18, and 19, located in the South Gate Park on the east side Exhibit A- Scope of Work A-1
128
of the City. Well No. 24, located on the east side of the City, is the main feed to the Hawkins Reservoir and area east of Los Angeles River.
The water extracted from all groundwater wells is disinfected with liquid sodium hypochlorite at the well facilities prior to the delivery into the distribution systei'n. Currently, there is wellhead treatment at two facilities of the water system for removal of primary and secondary contaminants:
l) Spray Aeration Treatment Systems for Park Well No. 13, 14, 18, and 19 to remove VOC; and 2) Loprest Greensand Treatment Plant for Well No. 27 at the Westside Reservoir site to rei'nove Iron and Manganese. These two systems have been operating successfully for many years on a continuous basis.
There are five, at grade, steel water tanks and one underground concrete tank in the system with a total capacity of 14 MG. Two of the at grade tanks, capacity 2.5 MG each, are located at Firestone Boulevard and the I-710 Freeway, referred to as the Hawkins Reservoirs, while the two at grade tanks, capacity 1.66 MG each, at Westside Reservoir site are located at Tweedy Boulevard between Well No. 26 and Well No. 27. The recently coinpleted Elizabeth Reservoir has a capacity of 1.8 MG. The underground concrete tank, capacity 4.2 MG, is located in the South Gate Park.
The water systei'n has two MWD connections, CB-7 and CB-11, in the City (See Location Map).
The City has not used MWD water for several years and currently anticipates using the connections only for major emergencies. In addition, the City water system has five interconnections with neighboring purveyors for mutual assistance in a supply shortage. Although all these five interconnections are bi-directional, the City is the intended provider. The City currently has sufficient pumping rights to supply their residents and sell water to the neighboring agencies.
Regardless, these interconnections may provide the essential backup supply needed during emergencies.
One of the tools utilized to manage and operate the City water system facilities is the SCADA systein. The SCADA system provides the ability to operate water facilities remotely, in real-time, from a central computer station located at the City's Corporate Yard, as well as through laptop computers assigned to operators. SCADA software and hardware is installed at the location of several water facilities.
The existing SCADA system was originally installed in 2013. City plans to upgrade SCADA software and hardware as part of its Capital Improvement Programs to be implemented in the near future. The proposed project will replace software and hardware currently not supported to properly update the system.
The Consultant shall write control logics and prograi'ns to operate the City water system control components sucl'i as programmable logic controllers (PLC's), data radios, operator interface terminals (OIT's), and the water control human machine interface (HMI) using the City's ClearSCADA software on an as-needed basis.
Exhibit A- Scope of Work A-2
129
Figure I -Water System Map
( { n h
Iltationa IllaJ
CE1.7'
A"
RESERVOIR
Twtedy Ilrd
Cud.iliy
Cudahy
tttl} nlril
Exhibit A- Scope of Work A-3
130
Figure 2 - Water System layout
ml M'06
WFaffi.
8 A-4Exhibit A- Scope of Work
131
TABLE 1- WELLSrTES AND RESERVOIRS
State Well No. Well No. Location Drilled Capacity Status 03S/ 12W-06DOl 13 SG Park - 9615 Pinehurst Avenue 1940 1,650 GPM Stand-by (Submersible pump. High levels of Iron and Manganese).
03S/ 12W-06DO2 14 SG Park - 9615 Pinehurst Avenue lg44 2,900 GPM Active 03S/ 12W-06DO3 18 SG Park - 9615 Pinehurst Avenue 1945 1,500 GPM Active 035/ 12W-06DO4 19 SG Park - 9615 Pinehurst Avenue 1947 2,000 GPM Active 035/12W-05MOl 22-B 10740 Lee Lane 1948 950 GPM In-active (High levels of TCE - Not connected to distribution svstem).
035/ 12W-06BO3 23 9595 Salt Lake Avenue 1952 600 GPM Stand-by (High levels oflron and Manganese).
02S/ 12W-31QO3 24 9021 W. Frontage Road 1985 1,500 GPM Active 02S/ 12W-31QO2 25 9021 W. Frontage Road 1985 350 GPM Stand-by (High levels oflron and Manganese).
02S/ 13W-3 4QO3 26 2541 Tweedy Boulevard 1984 1,600 GPM Active (Natural Gas powered). 025/ 13W-3 4ROl 27 2645 Tweedy Boulevard 1987 1,500 GPM Active (Iron and Manganese Facility) 025/ 13W-3540025 28 3414 Ardmore Avenue 2003 2,500 GPM Active 02S/13W-344035 29 2700 Ardmore Avenue 2017 2,000 GPM Active Location Built Capacity
Hawkins Reservoir 9021 W. Frontage Road 1985 2 - 2.5 Million Gallons Santa Fe Tank (Out of
Servrce)
2700Ardmore Avenue
(8600 Santa Fe)
1946 500,000 Gallons
Salt Lake Tank (Out of
Servrce)
9595 Salt Lake Avenue 1951 500,000 Gallons
Westside Reservoir 2751 Tweedy Boulevard 1999 2-1.66 Million Gallons Park Treatment
Reservoir (below Brade)
South Gate Park - 9615
Pinehurst Avenue
1994 4.2 Million Gallon
Elizabeth Reservoir 3414 Ardmore Ave 2017 1.8 Million Gallon Exhibit A- Scope of Work A-5
Tanks and Reservoirs
132
Interties with Other Puiveyors
Interconnection
City or Downey
City of Lynwood
Walnut Park Mutual Water Company
City of Huntington Park
Southern California Water Company
Pipe Size
(lnches)
6 12
6 6
8 Location
De Palma St and Mitla Ave
Santa Fe Ave and Seminole Ave
Santa Ana Ave and Mountain View Ave
Santa Ana Ave and Salt Lake Ave
Garfield Ave and Monroe Ave
A-6Exhibit A- Scope of Work
133
IV. SCOPE OF WORK
The Consultant will:
* Troubleshoot instrumentation and hardware to rectify system issues. @ Install new control components and hardware as directed by the City staff. * Upgrade/enhance existing monitoring systems at remote sites to supplement capital projects. * Ensure software updates on a continuous basis. Provide continuous remote assistance. * MeetwithCitystaffandothersupportcontractortoensuretheintegrityoftheSCADASystem.
TASK A - NON-OPTIONAL TASKS
The routine instrumentation and control support services can be broken up into 3 components, hardware, software, and communication. Following will be A brief description of the 3 components.
1. Sofhvare Support
a. Keep version of ClearScada current by ensuring software updates are installed on both main and backup servers, in addition to desktop and laptop computers currently used by operations.
b. Keep version of Win 911 current by ensuring software updates are installed on both main and backup servers.
c. Keep version of WebX current by ensuring software updates are installed on both main and backup servers, in addition to desktop and laptop computers currently used by operations. (1. Modify/build/add new windows and miinic screens for display as field components are added or deleted at the request of district personnel. This includes screen layouts, alarms, set points, and runtime schedules of pumps and boosters as conditions/seasons change. e. Write/modify PLC control logic to accommodate or add features and functionality to existing and new sites as dictated by district personnel. f. Document any and all changes to software, and provide backup files to district personnel.
2. Hardware Support
a. Troubleshoot instrumentation and control hardware (transducers, flow i'neters, pressure and level sensors, motor control) as needed to ensure continuity and integrity of the water distribution system.
b. Add sensors, controls, components, operator displays, motors, etc. as needed and directed by district personnel.
c. Meet with district personnel and other support contractors to ensure the integrity of the instrui'nentation and control systein as needed.
d. Modify current electrical and control drawings with AutoCAD as required to maintain currency.
Exhibit A- Scope of Work A-7
134
3. Communication Support
a. Maintain radio and antenna hardware and software. b. Troubleshoot radios and antennas/cables at individual sites and repeaters. c. Ensure Esteem software drivers are updated to interface with HMI for reporting and status conditions.
d. Ensure CDMA modem is operational for call out purposes at water control headquarters. e. Ensure the integrity and troubleshoot the remote access/firewall as needed.
TASK B: OPTIONAL TASKS
(To be included by Consultant)
V. CITY RESPONSIBILITIES
a) Water Division Manager and Operation Foreman to act as the point of contact. b) Provide or make available upon request, reports, drawings, specifications, GIS land base maps, available contour survey maps for the project area, City standard specifications, records and other data deeined useful for project development. c) Administer agreei'nent and inake payments to Consultant.
VI. MISCELLANEOUS
a) All reports, plans and other documents prepared by Consultant on behalf of City shall become the sole property of City.
A-8Exhibit A- Scope of Work
135
Exhibit B
July 17, 2022
HydroScientific West
Time and Material Rates
Labor Rate
Fee Structure: (rates include all taxes, benefits, fees, and overhead)
1. Labor rates are as follows Straight Time Over-Time (> 8 liours, Sattirday, Stinday, Holiday)
Apprentices $62.00 $93.00
Journeyman $97.00 $145.50
Foreman $121.00 $181.50
Superintendent $119.00 $178.50
Engineer/CADD operator (in house) $95.00
Engineer(onsite) $150.00 $225.00
SCADATechnicianw/truck $160.00 $240.00
(callout)
Travel Time (straight & overtime) $60.00 $60.00
Note: Overtime is charged for hours worked over an 8 hour day.
2. Material
a. Billed at invoice amount plus 20% for overhead b. Material out of stock billed at list price plus 15% overhead and profit
3. Equipment Rental and Subcontractors
a. Billed at invoice rate plus 15% overhead.
926 S. Andreasen Drive, #106 EscondidoCA 92029 858 486 8825 www liydroscientificwest coin 2/ 136
CITYMANAGER'S OFFICE Item No. 8
NOV I 6 2022
6H 13 (iry City of South Gate
CITY COUNCIL
AGENIDA BULL
For the Regular Meeting of: November 22, 2022
Originating Depaitment: City Manager's Office
MarxagementAnalyst: ffllselleMares
City Manager:
SUBJECT: APPROVE AGREEMENT WITH TWEEDY MILE ASSOCIATION FOR THE ANNUAL STREET FAIR FESTIV AL FOR THREE YEARS (2023-2025) PURPOSE: To approve a three-year agreement with the Tweedy Mile Association which outlines the roles, responsibilities and requirements of all parties related to the annual Tweedy Street Fair Festival.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an Event License Agreement ("Agreement") with the Tweedy Mile Association to produce the Annual Tweedy Street Fair Festival ("Fair") for a term of three years; and b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: The City's costs associated with this event include overtime costs for City personnel at approximately $90,012 and implementation for the traffic control plan at approximately $25,000. The Tweedy Mile Association ("TMA") will reimburse the City $30,000 for the expenses incurred, leaving a Net Cost to the City of approximately $85,012. If the City Council approves this Agreement, the fiscal impact to the General Fund will be approximately $85,012 for Police, traffic plan implementation, and Public Works Department personnel overtime.
ANALYSIS: The Fair features carnival rides, entertainment, games, and food vendors. The proposed Agreement specifies the roles, responsibilities and expectations of all parties related to the Fair. All impacted departments have reviewed the Agreement, and with only one (l) exception, have not requested any substantive changes, the Agreement essentially remains the same as in prior years.
The one exception is the elimination of a contingency that, should the Fair expenses exceed revenues, the City would be responsible for up to an additional subsidy of $10,000 (which would result in the City receiving $20,000 in total reimbursement, instead of the customary $30,000).
BACKGROUND: The TMA has been successfully organizing and producing the Fair for 32 years in the community. Over the years, the City has provided the TMA with Police and Public Works personnel support to conduct the Fair via a three-year agreement. The previous three-year agreement expired on June 30, 2022. The attached Agreement continues the City's support and proposes the same terms as the previous agreement. Provided below is a summary of the main terms of the proposed Agreement:
1 137
Term of Agreement
The Agreement will remain in effect for three years or up to and including June 30, 2025.
Hours of Operation
a Friday from 5:00 p.m. to 12:00 a.m.
a Saturday from 12:00 p.m. to 12:00 a.m.
a Sunday from 12:00 p.m. to lO:OOpm.
Entertainment stages will close one hour prior to closing each day. The TMA will cease selling carnival tickets at 11 :OO p.m. on Friday and Saturday, and at 9:00 p.m. on Sunday.
Advertising
The TMA will develop and submit to the City, thirty days prior to the Fair, any flyers, posters, and street banners to advertise to the community.
Schedule of Activities
The TMA will develop a Schedule of Activities which includes the TMA's duties to provide the equipment and entertainment required under the proposed Agreement and submit to City for review thirty days prior to the Fair.
Waiver of License Fees and Certain Inspection Fees The City will waive all business license, special permit, and inspection fees. However, the TMA is responsible for all other inspections which are legally required including Health Department inspections and County Fire Department inspections.
Reimbursement to the City
Within sixty days a:[ter the conclusion of the Fair, the TMA will submit to the City an accounting of all proceeds derived from the Fair and pay to the City the amount of $30,000 for reimbursement of expenses incurred in providing Police Services and other City services related to the Fair.
Notification of Fair
The TMA will notify, in writing, all businesses, residents and churches whose property is adjacent to the Fair area, the dates and times of the Fair, and the street closures at least thirty days prior to the Fair.
Street Fair Festival Management
The TMA will hire a professional carnival and entertainment management firm to provide carnival management services including advertising, activity/food booths, entertainment, and other related services. As a co-sponsor of the event, the City may review any contract for carnival management SerVlCeS.
Carnival Ride Parking
Carnival rides, equipment, supplies, and vehicles may not be stored at City park facilities before, during, or after the Fair without a parking permit. In the event the carnival ride management firm wishes to store or park equipment, rides, or vehicles at City park facilities, the carnival ride management firm must secure a parking permit from the Department of Parks & Recreation directly and pay a parking fee not to exceed $500 per day. TMA will not be allowed to secure such permit on behalf of the contractor. Carnival vehicles, rides, or equipment parked or stored at City park facilities without a peimit will be subject to fines and impound. 2 138
Show Mobile Set-up
In the event the TMA wishes to utilize the City's show mobile as an auxiliary stage during the event, the TMA must notify the City's Director of Parks & Recreation at least thirty days prior to the event.
The TMA will provide the City with a diagram indicating the location where the show mobile is to be set up. TMA will anaange to have the show mobile delivered, set up, and removed during normal City working hours. The City will waive all normal rental fees for the use of the show mobile and normal setup. Any extraordinary costs including overtime or special equipment will be reimbursed by the TMA.
Traffic Control Plan
City shall take such measures to restrict vehicular traffic during the total Fair time from the Fair area, and to restrict all vehicular traffic during preparation time on Tweedy Boulevard in the Fair area; in accordance with a traffic control plan to be prepared and approved by City with an approximate cost of $25,000. The TMA will be responsible for following and implementing the traffic control plan approved by the City.
ATTACHMENT: Proposed Agreement
3 139
EVENT LICENSE AGREEMENT FOR PRODUCTION OF THE
TWEF,DY STREET FAIR FESTIV AL BETWEEN THE CITY OF SOUTH
GATE AND THE TWEEDY MILE ASSOCIATION
This Event License Agreement ("Agreement") to produce the Tweedy Street Fair Festival is made and entered into on November 22, 2022, by and between the City of South Gate, a municipal corporation ("City"), and the Tweedy Mile Association, a California corporation ("Licensee"). City and Licensee are sometimes hereafter individually referred to as "Party" and collectively referred to as "Parties."
RECIT ALS
WHEREAS, Licensee desires to organize and produce the Tweedy Street Fair Festival event ("Fair") within the City of South Gate on the Friday through and including Sunday, inclusive, on the first weekend of June, during the term of this Agreement; and WHEREAS, the City will close to vehicular traffic on Tweedy Boulevard, between California Avenue and Alexander Avenue, for a limited time, and wherein Licensee will provide Fair equipment, entertainment, and festivities with which to attract members of the public, all for the benefit of Licensee and City, as herein provided; and WHEREAS, Licensee warrants to the City that it has the qualifications, experience, and facilities to perform properly and timely the Fair permitted under this Agreement; and WHEREAS, City is willing to grant a special event permit and license to Licensee for operation of the Fair on Tweedy Boulevard under the terms and conditions herein stated; and WHEREAS, the Agreement is intended to cover a three-year cycle for Fairs in 2023, 2024 and 2025.
NOW THEREFORE, the paities agree hereto as follows:
1.0 OBLIGATIONS AND DUTIES OF THE PARTIES.
A. City hereby grants to Licensee a temporaiy exclusive license to use a designated portion of the City's right-of-way la'iown as Tweedy Boulevard, between California Avenue and Alexander Avenue, for the limited purpose of conducting the Fair during the times specified in Section 4.1 Hours of Operation.
B. Licensee is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of City.
Page l of 18
140
1.1 REVOCABILITY.
City may in its sole and unfettered discretion, revoke this pernnit and license and/or terminate the Agreement without cause upon thirty (30) days advance written notice. In the event that any of the terms of this Agreement or city ordinances are violated, or, in the event that, in the City's sole discretion and judgment, there is an eminent threat to public health or safety, City may revoke this permit and license at any time and require that all activities related to the license be ceased. In the event that the City should revoke the permit as a result of an eminent threat to public health or safety, the City shall not be responsible for any additional costs or lost revenues incurred by licensee.
1.2 CITY AGENT.
The City's Director of Public Works ("Director"), or his/her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is reqriired, Licensee understands that the Director has the authority to provide that approval or authorization. The Director retains full discretion to consult with the City Manager, City Attorney, other City personnel and consultants, and the City Council, as necessary, during the term of this Agreement relating to such approvals or authorizations related to Licensee's Fair hereunder.
2.0 TERM OF AGREEMENT
This Agreement is effective November 29, 2022, and will remain in effect through and including June 30, 2025, unless otherwise expressly extended or revoked in writing.
3.0 EVENT AREA.
The Fair shall be conducted on that poition of Tweedy Boulevard, between Califomia Avenue from the eastern most boundary of the intersection crosswalk (thereby leaving the intersection properly open, and unaffected by the Fair) and Alexander Avenue from the western most boundary of the intersection crosswalk (thereby leaving the intersection properly open, and unaffected by the Fair). Said portion of Tweedy Boulevard is hereby designated as the "Event Area." The intersection at Otis Street and California Avenue shall at all times remain accessible to emergency traffic.
3.1 HOURS OF OPERATION.
The Fair shall operate on the first weekend of June, within the following days and times:
* Friday from 5:00 p.m. to 12:00 a.m.
@ Saturday from 12:00 noon to 12:00 a.m.
* Sunday from 12:00 noon to 10:00 p.m.
Entertainment stages will close l hour prior to closing each day. The Licensee will cease selling carnival tickets at 11 :OO p.m. on Friday and Saturday, and Sunday at 9:00 pm.