Jeanie O’Laughlin
Mayor
Nick Lessenevitch
Mayor Pro Tem
Jim Creighton
Councilmember
Kelly Kulikoff
Councilmember
Karen Macedonio
Councilmember
AGENDA
CITY OF CALIFORNIA
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY
TUESDAY, SEPTEMBER 13, 2022
CLOSED SESSON @ 5:00 PM
REGULAR MEETING @ 6:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, please contact the City Clerk at (760)373-7140 or via email at [email protected] . We request a 72-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities ACT Title II) Zoom instructions and notes:
1. Web Link : https://us06web.zoom.us/j/81336951779
2. Meeting ID: 813 3695 1779
3. Public can dial into the Zoom line:
a. One tap mobile: +16694449171,,85423381555# US
b. Dial the following number: +1 669 444 9171 US
4. Comments
a.Public must join Zoom meeting to comment
b.Keep your mic on Mute until you are requested to speak c.Use the “Raise your Hand” button to request to speak or, d.Send a chat request to City Clerk for request to speak e.When requested to speak state your name for the record f. Re-mute when your time to speak has ended
Public is urged to listen to the meeting in a quiet place, to avoid background noise.
We also request public to MUTE your audio device when not commenting to avoid disruption during meeting. 1 September 13, 2022
** At this time, please take a moment to turn off your cell phones ** CLOSED SESSION 5:00 PM
CALL TO ORDER
ROLL CALL
Councilmembers: Creighton, Kulikoff, Macedonio, Mayor Pro Tem Lessenevitch, Mayor O’Laughlin
ADOPT AGENDA
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items the Closed Session agenda. Each member of the public will be given (3) three minutes to speak. Please state your name for the record.
CLOSED SESSION
CS 1. Pursuant to Government Code Section 54957 – Public Employee Appointment.
Title: City Manager.
CS 2. Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator.
City Negotiator: Victor Ponto, City Attorney.
Unrepresented Employee: City Manager
REPORT OUT OF CLOSED SESSION
REGULAR MEETING 6:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL
Councilmembers: Creighton, Kulikoff, Macedonio, Mayor Pro Tem Lessenevitch, Mayor O’Laughlin
CITY CLERK REPORTS/LATE COMMINICATIONS
DEPARTMENTAL REPORTS
• OHV
• Park and Recreation
• Planning
PRESENTATION
• Police Department New Hires
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
2 September 13, 2022
PUBLIC BUSINESS FROM THE FLOOR
The portion of the meeting is reserved for public who desire to address the City Council on any matter not on this agenda and over which the City Council has jurisdiction. Please state your name for the record and limit your comments to (3) three minutes.
CONSENT CALENDAR
All items on the consent calendar are considered routine, non-controversial and will be approved by (1) one motion if no member of the council, staff, or public wishes to comment or ask questions. Public comments to be limited to (3) three minutes. Roll call vote required.
CC 1. Approve City Check Register dated 08/19/2022 through 09/08/2022
NEW BUSINESS
NB 1. Adoption of Resolution No. 09-22-2950, a Resolution of the City Council Ratifying the Proclamation of State of Emergency by Governor Newsom on March 4, 2020, and Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency for the Period from September 7, 2022, through October 7, 2022 - by Doug Dunford, City Manager
Recommendation:
Staff recommends that the City Council discuss and approve the AB361 Resolution.
NB 2. Consideration and approval of a resolution and contract appointing Dr. Jim Hart as Interim City Manager. - by Doug Dunford, City Manager
Recommendation:
Staff recommends that the City Council appoint Dr. Jim Hart (“Hart”) as Interim City Manager starting September 19, 2022 and approve a resolution and a contract between the City of California City (“City”) and Heart for Interim City Manager services.
NB 3. Approval of Time Extension for the Completion of the Meister Project – by Doug Dunford, City Manager Recommendation:
Approve the Resolution authorizing execution of Amendment No 3 attached as Exhibit A to Attachment 1 of this report and also directing the City Manager in consultation the City Attorney’s Office to verify that the transferee of the property is controlled by the same parties and assumes all obligations under the Agreement and Amendment.
NB 4. Appointment of Planning and Parks Commissioners - by Doug Dunford, City Manager Recommendation:
Staff recommends that the City Council discuss and approve the recommended candidates.
NB 5. Approve “Letter of Engagement with Price Paige & Company for financial consulting and authorize the city manager to execute all necessary documents”- by Doug Dunford, City Manager Recommendation:
Staff recommends the City Council authorize the City Manager to approve the letter of engagement with PPC.
NB 6. Council to Authorize the City Manager to Enter into an Agreement with Clear Source Financial Consulting to Conduct a User and Regulatory Fee Study – by Doug Dunford, City Manager Recommendation
Staff recommends City Council authorize an appropriation not to exceed $25,500 for a comprehensive rate study for a 3 September 13, 2022
User and Regulatory Fee Study and direct the City Manager to contract with a qualified consultant for those services.
The authorization directs Staff to split the cost into the above funds in the percentages listed, authorizing Staff to reduce or increase percentages to reflect the final result, not to exceed $1,000 difference on any one fund.
COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.
ADJOURNMENT
AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards and the City website at least 72 hours prior to the Council Meeting. Deputy City Clerk
4 September 13, 2022
DEPARTMENT REPORT
COUNCIL AGENDA ITEM
September 13, 2022
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
Labor Day weekend saw few visitors as the weather was extreme. There was a total of 35 visible campsites. Staff looks forward to cooler weather and will be preparing for Columbus Day.
Operations
Park Aide positions were filled and trained for the season. Borax Bill Park Station will be open every weekend, Fridays 10am – 6pm and Saturdays/Sundays 8am – 4pm. Ground crew staff will prepare for the upcoming grant cycle projects.
Manager Updates
The OHMVR Division posted Intent to Award for the upcoming grant cycle. For 2022, the OHMVR Division intends to award California City the following grants:
• Ground Operations - $481,427
• Education & Safety - $119,992
• Law Enforcement - $38,293
Finance Report
For the month of August, OHV sales totaled $1,230.00. These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals. *Not all proceeds are deposited in the same month.
**OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29- 3998. Please refer to financial statement for details.
***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691
5 September 13, 2022
August 2022 MONTHLY OHV PROGRAM SALES FY 22/23
SALES QTY CASH CHECK CREDIT CARD PAYPAL TOTALS YTD TOTALS Single Permits (Prorated) $10
Single Permits $15 26 $210 $135 $45 $390 1,260.00
Small Family (Prorated) $40
Small Family $60 4 $120 $60 $60 $240 900.00
Large Family (Prorated) $80
Large Family $100 $0 100.00
OHV 4 Pack (Prorated) $35
OHV 4 Pack $50 2 $100 $100 300
RV Pass (Prorated) $15
RV Pass $30 4 $60 $30 $30 $120 480.00
Single Dump Pass $5 $0 5
Single Water Pass $5
Additional Permits (Prorated) $5
Additional Permits $10 3 $10 $20 $30 50.00
Free Free $0 0
Residents Permits Free $0 0
Paypal Fees - $4 $4 5 $20 $20 $56
Holiday Week Day - Power $25
Holiday Week Day - Water $15
Non-Holiday Weekday-Power $15 2 $30 $30 60.00
Non-Holiday Weekday-Water $10 $0 20.00
Holiday Weekend - Power $40
Holiday Weekend - Water $20
Non-Holiday Weekend-Power $25 4 $50 $50 $100 175.00
Non-Holiay Weekend-Water $15 1 $15 $15 60
Shower Tokens $0.50 130 $60 $5 $65 209.00
Transient Lodging $150
Vendor Fees $1
Special Event Fees $5
Map Sales $3 1 $3 $3 9
Donations $1 2 $52 $52 52
6 September 13, 2022
Hoodies $40
1 $20 $20 20.00
Short Sleeve Shirts $201 $20 $20 30.00
Long Sleeve Shirts $301 $15 $15 45.00
Caps $20 $0 90.00
Bucket Hats $201 $10 $10 70.00
Visors $15 $0 15.00
Beenies $15
MONTHLY TOTALS $705 $350 $175 $1,230 $4,006.00
7 September 13, 2022
CITY COUNCIL
DATE: 09/13/2022
TO: City Council
FROM: Recreation Supervisor – Theresa Oaks
SUBJECT: Department Report for the Month of August
______________________________________________________________________ Events
Staff and volunteers are focusing on the annual Tree Lighting, Parade, and Holiday Village event. Staff are also scheduling two more movie nights, one that is geared more towards family and the other that will be geared more toward adults.
Operations
During the month of August, our staff has been working on clean up and rejuvenation of the parks. This includes working diligently with the facilities/maintenance team to bring the grass back to a healthy state at Central Park. Staff continues to focus on clean up at Central Park, Balsitis, and Par 3. Staff has placed new trash cans at Balsitis in hopes of alleviating some of the litter issues and broken glass. Staff has also gone out and raked the broken glass up to promote a safer environment. Staff will continue to do weekly cleanings of all 3 parks bathrooms as well as any graffiti removal that is necessary.
Staff will begin talks with public works to fix the water issue at Par 3, including fixing broken leaks, and a new or revised sprinkler system. This will allow Par 3 to have a more efficient and sustainable watering system allowing for deeper watering of the trees that need it.
Staff are working on finding new ways to promote and advertise the events and programming that we have within the city. Staff will be distributing newsletters and calendars at the local Farmer’s market as well as at the local schools. Staff will continue utilizing social media as well as the local paper for advertising. Staff are also looking at mailing fliers with the water bill. As we begin planning for our 8 September 13, 2022
Holiday schedule of events, we will be utilizing Google forms in addition to hard copies for vendor forms and parade registration.
The adult aerobics class continues to be on hold until instructor can return. The Strata is open for adult walking club from 11- 12 on Tues., Wed., and Fri. The Strata Center also continues to be open with game room activities and open gym.
The Parks free art classes are every Wednesday afternoon from 2:30- 4 pm at the Strata Center. The number of people using the Strata varies on a day-to-day basis, but according to our sign in sheets we have had an average daily attendance of approximately 31 people. This includes kid’s basketball practice, open gym, game room, etc.
Staff has been working with the city engineer, as well as Kern County on moving forward with the Balsitis project. The project includes new playground equipment, playground surfacing, and a new basketball court. Staff understands that there is a desire for more and in working towards that we will be having workshops to update the master plan, and to formulate a 5-year plan that will allow us to move forward.
Programming
Programming will continue to include the adult aerobics as soon as the instructor is available, adult walking club, as well as open gym. Staff are working on getting a contract that will allow us to partner with We Got Next Sports which has brought a phenomenal basketball program, NFL flag football as well as cheerleading. They would also to bring volleyball and soccer. Staff continues to partner with the Art Commission in hosting art classes for kids of all ages. The Art Commission also hosts a paint n sip the third Saturday of every month.
Staff will begin the ABC Learning Program on September 6th at 9 AM. We have to cap the number of enrollees to 10 and are already at capacity. We are taking names down for a waiting list.
Future Programming
There are quite a few options staff are researching for future programming. Staff and volunteers are looking at possibly bringing a ceramics class to Central Park.
Staff are also in the process of having an after-school program available for the kids that would include homework time, play time, crafts, etc. 9 September 13, 2022
In addition, Staff has been researching field trips for the senior citizens. Many senior citizens struggle with boredom and loneliness, and don’t have the capacity to drive long distances. Staff is looking into the cost of chartering a bus once a month to take seniors to various places they may want to go. Places such as shopping at the outlets, the aquarium, or the Nixon Library. There would be a small fee associated with the venture.
Staff is also gathering resources for the community that include shelters, suicide hotlines, where to go for food, where to go for clothing, as well as information on how to get mental health help, and resources for those that want help with addiction issues.
10 September 13, 2022
September 2022 Planning Staff Report
DEPARTMENT REPORT
CITY COUNCIL MEETING
SEPTEMBER 13, 2022
FROM: INTERWEST/PLANNING
SUBJECT: MONTHLY PLANNING DEPARTMENTAL COUNCIL REPORT
Staff
1-Planning Clerk (Open Position)
1-Planning Admin (Marie Stowers)
1-City Planner (Open Position)
1-Consulting Company (Interwest)
Projects/Applications
This report includes the following items:
• A summary of projects and revenue for the month of August 2022 • A list of approved, new, and open projects for August 2022 8 Minute Solar Projects
The Planning Commission considered the Kudu solar project on August 16, 2022 and following discussion, consideration and public comment certified the project Environmental Impact Report and approved the projects Conditional Use Permit. This concludes the discretionary reviews for the two 8 Minute Solar projects that have been under review for the past three years.
Supernal/Hyundai Technical Center
On August 16, 2022, the Planning Commission considered and approved an application for a conditional use permit to add a new use to the Hyundai Proving Grounds facility. The Hyundai Technical Center, Inc. project will conduct research on vehicles across multiple platforms for future product development; including but not limited to eVTOLs (electric vertical takeoff and landing vehicles) as well as testing of parts and components. With review of plans underway, the first phase of this use is expected to be operational in late October 2022.
SB9 Housing Regulations
Staff has initiated SB9 municipal code updates and it is anticipated the ordinance to implement these new regulations will be presented to the Planning Commission in October and to the City Council in November.
Progress on SPR Backlog
Staff is continuing to reduce the backlog of applications with completion of six SPR review and two CUP reviews in August. Efforts are balancing the goals of clearing older applications while providing appropriate responses on new applications.
Thank You
11 September 13, 2022
Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF NC CUP 19-04 8 Minute Solar - Kudu APPROVED 08/06/19 08/16/22 InterwestNC CUP 22-01 Hyundai Testing/APN 235-243-05 APPROVED 8/3/2022 8/16/2022 Interwest C SPR 21-20 Naughty Panda APN 302-273-30 APPROVED 04/05/21 08/11/22 Interwest NC SPR M 22-26 Lee's 2nd Hand / 7101 CCB APPROVED 06/29/22 08/05/22 Planning SPR M 22-29 Majestic Beauty Expansion/8525 CCB St. D APPROVED 8/2/2022 8/2/2022 Planning NC SPR M 22-32 UHAL @ ACE/7594 CCB APPROVED 08/11/22 08/18/22 PlanningNC SPR M 22-33 Royal Womb/8209 CCB Unit 111 APPROVED 08/09/22 09/06/22 PlanningNC SPR M 22-34 Cal City Auto Reg/20301 CCB APPROVED 08/09/22 08/17/22 Planning C TPM 12450 APN 229-010-37 APPROVED 12/16/2021 8/16/2022 Interwest Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF NC CUP 22-01 Hyundai Testing/APN 235-243-05 APPROVED 8/3/2022 8/16/2022 InterwestNC CUP 22-02 RV Dump Station/227-010-+03 8/9/2022 Interwest NC CUP 22-03 RV Park/APN 218-010-04NC SPR M 22-29 Majestic Beauty Expansion/8525 CCB St. D APPROVED NA 8/2/2022 8/2/2022 Planning NC SPR 22-30 Hyundai Testing/APN 235-243-05 8/18/2022 9/6/2022 Interwest C SPR 22-31 GOK Unlimited/APN 206-042-43 8/9/2022 8/24/2022 Interwest NC SPR M 22-32 UHAL @ ACE/7594 CCB APPROVED NA 08/11/22 08/18/22 PlanningNC SPR M 22-33 Royal Womb/8209 CCB Unit 111 APPROVED NA 08/09/22 09/06/22 PlanningNC SPR M 22-34 Cal City Auto Reg/20301 CCB APPROVED NA 08/09/22 08/17/22 Planning C SPR 22-35 Biedenharn Equities/APN 206-042-28,29,16 TBD 08/18/22 08/29/22 Interwest NC SPR 22-36 RV Park/APN 218-010-04 TBD 08/09/22 Interwest C SPR M 22-37 El Patron/22510 Curtis Pl Unit 300 NA 08/17/22 09/06/22 Planning NC SPR 22-38 Dollar General/APN 213-110-26 TBD 08/18/22 Interwest C SPR 22-39 Rani Zahr/APN 302-077-02 TBD 08/16/22 Interwest NC ZC 22-04 Padron/10856 Hanover 8/11/2022 Interwest
ZC 22-05 APN 350-031-19 8/24/2022 Interwest
PLANNING PROJECT LIST
Tuesday, September 13, 2022
NEW PROJECTS JUNE 2022Planning Review Completed - PROJECTS AUGUST 2022 NOTE: NEXT MEETING THE PROJECTS LISTED ABOVE WILL BE MOVED TO ASSOCIATED PROJECT TYPE ON THE FOLLOWING PAGES AND NEW PROJECTS WILL BE LISTED ABOVE. **ALL PROJECTS ON FOLLOWING PAGES ARE SEPARATED BY PROJECT TYPE 12 September 13, 2022
Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF NC CUP 22-02 RV Dump Station/227-010-+03 8/9/2022 Interwest NC CUP 22-03 RV Park/APN 218-010-04
Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF Unknown LLA 22-01 George Mamayan/APN 302-273-31,32 and 33 Surveyor has submitted correction to applicant N/A 1/12/2022 2/27/2022 Interwest Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF C LM 19-02 Leland Krelle/APN's 299-263-01 & 08 Waiting for Resubmittal - Applicant to provide redundant deed & title guarantee N/A 03/27/19 02/01/22 InterwestC LM 19-03 Leland Krelle/APN's 299-263-04 & 05 Waiting for Resubmittal - Applicant to provide redundant deed & title guarantee N/A 03/27/19 02/01/22 InterwestC LM 19-04 Leland Krelle/APN's 261-111-05, 06, 09 & 10 Waiting for Resubmittal - Applicant to provide matching deed & title N/A 09/23/19 02/01/22 Interwest C LM 21-02 Arvin Bagdsaryan/APN's 216-010-14 & 30 Under Review - Revised submittal received on 12-7-21 N/A 02/19/21 02/01/22 Interwest Unknown LM 21-06 Jason VanCuren/APN's 206-032-20 & 21 Waiting for Resubmittal - Applicant to provide info requested on 07/23/2021 & 09/07/2021 N/A 03/29/21 02/01/22 InterwestUnknown LM 21-07 Patrick Henderson/APN 302-271-01 & 39 Under Review - Sent to Engineer on 10/19/2021 N/A 10/07/21 02/01/22 Interwest C LM 22-01 APN 299-263-01 & 08 Waiting on client corrections N/A 02/22/22 04/06/22 Interwest NC LM 22-02 APN 203-420-02 & 30 Planning Review N/A 03/15/22 04/24/22 InterwestNC LM 22-03 APN 225-221-02 & 03 Planning Review N/A 04/07/22 InterwestNC LM 22-04 APN 204-084-13 & 18 NA 06/21/22 Interwest C LM 22-05 APN 206-031-27 & 28 NA 06/20/022 InterwestC LM 22-06 APN 206-042-14 & 15 Waiting for applcant to pay fees NA 06/27/22 Interwest Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF NC SPR M 22-33 Royal Womb/8209 CCB Unit 111 NA 08/09/22 09/06/22 Planning C SPR M 22-37 El Patron/22510 Curtis Pl Unit 300 NA 08/17/22 09/06/22 Planning
LOT LINE ADJUSTMENTLOT MERGERSITE PLAN REVIEW (MINOR)CONDITIONAL USE PERMITS 13 September 13, 2022
Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF C SPR 18-38 APN 203-062-03 Sunepoint MND public review completed, waiting on updates from agency comments IS/MND 12/4/2019 5/2/2022 Interwest C SPR 20-02 APN 302-077-15 Altanova Planning Review IS/MND 01/23/20 05/02/22 Interwest C SPR 20-11 APN 216-162-06 Green Canna Awaiting payment prior to review of the project. IS/MND 04/22/20 03/29/22 InterwestC SPR 20-13 APN 302-310-16 Cannaplex Update Circulated internally for comments. N/A 10/19/20 05/31/22 Interwest C SPR 20-14 CoreCivic Planning Review (applicant non-communicative) EIR 05/15/20 05/02/22 Interwest C SPR 20-16 Urban Leaf APN 302-271-37 Urban Leaf Circulated internally for comments. NOE 07/09/20 04/06/22 Interwest C SPR 20-24 Complex Greens APN 216-140-06 Circulated internally for comments. IS/MND 11/18/20 04/06/22 Interwest C SPR 20-30 APN 302-271-37 Planning Review IS/MND 08/26/20 05/02/22 Interwest C SPR 20-32 Cantebury/APN 206-041-44 & 206-041-07 Planning Review IS/MND 08/25/20 05/02/22 Interwest C SPR 20-43 Herban Collective LLC APN 216-150-04 Circulated internally for comments. Site plan changed. Trying to contact applicant. IS/MND 02/22/21 06/06/22 InterwestC SPR 20-44 Leland Krelle APN 216-120-04 Awaiting payment prior to review of the project. IS/MND 10/30/19 01/13/22 Interwest C SPR 20-45 APN 216-113-08, 09 and 10 Awaiting payment prior to review of the project. IS/MND NA 01/10/22 Interwest C SPR 21-04 Soft Gold APN 216-010-04 Planning Review IS/MND 02/05/21 04/06/22 Interwest C SPR 21-05 Greenfield / 206-041-05 & -06 Planning Review IS/MND Interwest C SPR 21-17 Padron APN 210-263-14 Planning Review IS/MND 03/18/21 04/06/22 Interwest C SPR 21-20 Naughty Panda APN 302-273-30 APPROVED NOE 04/05/21 08/11/22 Interwest C SPR 21-21 Gary Allen Shaw APN 206-042-36 Waiting for Resubmittal - Applicant to provide site plan and additional documents IS/MND 04/06/21 01/10/22 Interwest C SPR 21-24 Goodfellas APN 216-010-18 MND complete, applicant has received COAs, schedule DH IS/MND 03/30/21 06/07/22 InterwestC SPR 21-25 Level Up APN 206-031-14 MND complete, applicant has received COAs, schedule DH IS/MND 03/31/21 06/07/22 InterwestC SPR 21-32 APN 206-031-19 Circulated interally for comments. IS/MND 04/05/21 06/07/22 Interwest C SPR 21-36 La Canada LLC/APN 206-032-22 Planning Review IS/MND 12/15/21 05/02/22 Interwest C SPR 21-39 Apo Jan, APN 299-263-01 & 08 Pending LM 22-01, applicant working on additional engineering NOE 08/31/21 06/07/22 Interwest NC SPR 21-40 Mariscos La Perla/APN 213-500-14 applicant reviewing engineering COAs, then schedule DH NOE 10/25/21 06/07/22 Interwest C SPR 21-41 Gentle Greens/APN 206-031-29 Applicant has COAs and is working on updates NOE 09/09/21 06/07/22 Interwest C SPR 21-42
Curtiss Greenhouse/Mr. Saadatkandi/APN 216-180-
18 Waiting for Resbumittal - Applicant to revise site plan and complete application NOE 10/25/21 01/15/22 Interwest C SPR 21-43 Artur Grigoryan/APN 216-120-16 Circulated internally for comments. NOE 10/07/21 06/07/22 InterwestC SPR 21-44 Lana Karapetyan/APN 216-120-15 Circulated internally for comments. IS/MND 10/07/21 06/07/22 Interwest C SPR 21-45 Mojave School Remodel 07//27/2022 Interwest C SPR 21-47 Mohammad R Saadatmandi/APN 216-180-18 Awaiting payment prior to review of the project. IS/MND 10/21/21 10/21/21 Interwest C SPR 21-48 Willow Wellness Awaiting payment prior to review of the project. IS/MND NA 03/02/22 Interwest C SPR 21-49 E. Hernandez/APN 213-232-05 Incomplete application, awaiting for resubmittal IS/MND 10/31/21 01/20/22 InterwestC SPR 21-52 Green Farmhouse Applicant has COAs and is working on updates NOE 07/09/21 04/06/22 Interwest C SPR 21-48 Willow Wellness IS/MND 03/02/22 Interwest
NC SPR 21-49 Dan Auto Install-Audio-Tint / APN 213-232-05 IS/MND 10/31/21 01/20/22 Interwest C SPR 21-52 Green Farmhouse NOE 07/09/21 04/06/22 Interwest SITE PLAN REVIEW - Under Review & Verification of Project Status 14 September 13, 2022
NC SPR 21-53 Arrow Engineering/APN 225-221-02 &03 MND being corrected by consultant, circualted for comments internally IS/MND 11/08/21 05/02/22 Interwest C SPR 21-56 Mr.Calderon/APN 212-320-36 Incomplete application, awaiting for resubmittal IS/MND 12/14/21 01/14/22 Interwest C SPR 21-57 Natural Green Empire/299-263-02 Applicant has COAs and is working on updates NOE 11/23/21 06/07/22 InterwestC SPR 21-58 Canniland/APN 350-140-10 Applicant has COAs and is working on updates. SPR/MND approved by Director on 7/21/22. IS/MND 12/22/21 06/07/22 InterwestC SPR 22-01 760 Line/APN 216-010-16 CEQA is done, applicant is working on updates per COAs IS/MND 01/24/22 06/07/22 InterwestC SPR 22-02 California Jungle/APN 206-041-42 Planning Review - need to be circulated internally IS/MND 01/18/22 05/20/22 Interwest C SPR 22-03 Vass Green/APN 216-130-01 Planning Review - need to be circulated internally IS/MND 01/18/22 05/20/22 Interwest C SPR 22-04 Exotica Nursery Gardens/APN 206-042-07 Planning Review - need to be circulated internally IS/MND 01/18/22 05/20/22 InterwestC SPR 22-05 7 Leaves/APN 216-150-19 Planning Review - need to be circulated internally IS/MND 01/20/22 05/20/22 InterwestC SPR R 22-07 El Patron/APN 216-170-05 Planning Review - need to be circulated internally NOE 01/27/22 05/20/22 InterwestC SPR 22-08 Mr.Jensen/Traditional Ranch/APN 457-020-
05,11,12 and 26 Planning Review - need to be circulated internally IS/MND 02/09/22 05/20/22 Interwest C SPR 22-10 GG Wholesales/APN 206-032-25 Planning Review - need to be circulated internally IS/MND 02/18/22 05/20/22 InterwestC SPR 22-11 Allay Essence/APN 299-264-02 Planning Review - need to be circulated internally IS/MND 02/22/22 05/20/22 InterwestC SPR 22-12 APN 302-273-03 Planning Review - need to be circulated internally IS/MND 03/03/22 05/20/22 Interwest C SPR 22-13 APN 302-271-07 Planning Review - need to be circulated internally IS/MND 03/15/22 05/20/22 Interwest NC SPR 22-14 Oasis AG/APN 225-092-13
Fire comments received, waiting on engineering comments, MND in IW review. SPR/MND approved by Director on 7/21/22. IS/MND 03/14/22 06/05/22 Interwest
C SPR 22-18 Accurate Green / APN 206-041-04 04/05/22 Interwest C SPR 22-20 Mr. Vardan / APN 216-150-41 04/29/22 InterwestC SPR 22-22 Hovanes / APN 206-042-02 06/07/22 InterwestC SPR 22-24 Nestle PM / APN 206-031-27 & 28 InterwestC SPR 22-25 HR Cali / APN 206-042-14 & 15 06/27/22 Interwest NC SPR 22-28 GCC Transition LLC / APN 210-203-14 07/12/22 Interwest C SPR 22-30 CPG / APN Interwest
C SPR 22-31 GOK Unlimited / APN 206-042-43 07/18/22 Interwest C SPR 22-35 Biedenharn Equities/APN 206-042-28,29,16 TBD 08/18/22 08/29/22 Interwest NC SPR 22-36 RV Park/APN 218-010-04 TBD 08/09/22 InterwestNC SPR 22-38 Dollar General/APN 213-110-26 TBD 08/18/22 Interwest C SPR 22-39 Rani Zahr/APN 302-077-02 TBD 08/16/22 Interwest Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF Unknown TPM 12223 APN 302-271-38 PC approved TPM, now in Final Map Review TBD 4/14/2021 InterwestUnknown TPM 12300 L. Krelle/APN 203-273-34 PC approval 12-2019, in Final Map Review, needs updated COAs IS/MND 4/19/2021 04/06/22 Interwest Unknown TPM 12324 APN 216-114-01 PC approval 12-2019, in Final Map Review, needs updated COAs IS/MND Interwest NC TPM 12374 V. Lungari/APN 350-031-02 Correctional Facility - EIR in public review period IS/MND 11/10/2020 02/04/22 Interwest C TPM 12401 A. Tsaturiyan/APN 302-273-30 PC approved TPM, now in Final Map Review IS/MND 4/13/2021 07/05/22 Interwest C TPM 12407 APN 302-271-19 PC approved TPM, now in Final Map Review IS/MND 4/12/2021 07/05/22 Interwest C TPM 12417 APN 302-271-15 PC approved TPM, now in Final Map Review IS/MND NA 07/05/202 Interwest C TPM 12450 APN 229-010-37 PC approved TPM, now in Final Map Review IS/MND 12/16/2021 2/27/2022 Interwest
TENATIVE PARCEL MAPS
15 September 13, 2022
Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF TTM 22-01 APN 302-274-01, 02, 03, 04 & 05 3/22/2022 Interwest Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF NC VAR 20-03 Shell/APN 225-061-12 601 Cal City Blvd Waiting for resubmittal - Email sent to applicant on 07/06/2021 NOE TBD Pending Interwest NC VAR M 21-02 M.Ellison/9532 Rea Ave/10' instead of 8' Planning Review - Documents received on ___________ N/A 04/21/21 Pending Interwest NC VAR M 21-03 J. Heller/9800 Joshua Bld. Block Wall Waiting for Resubmittal email sent on 04/21/2021 N/A 3/1/2021 Pending Planning Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF C ZC 21-05 Arias/299-173-02, 03, 04 City Council consideration of the Appeal on 11-9-21 - Appeal withdrawn NA 04/12/21 NA InterwestC ZC 21-06 M. Ellison/APN 299-173-02, 03, 04 PC July 2022 IS/MND 4/6/2021 06/07/22 Interwest C ZC 21-07 R. Milner/APN 225-201-12 PC July 2022 IS/MND 10/18/2021 06/07/22 Interwest ZC 22-05 C Ventura / APN 350-031019 8/23/2022
C ZC 22-01 Mr. Leaf/APN 302-020-22 PC July 2022 IS/MND 3/16/2022 06/07/22 InterwestC ZC 22-02 Olivia Davidson / APN 302-391-19 3/30/2022 Interwest NC ZC 22-04 Padron/10856 Hanover 8/11/2022 Interwest
ZC 22-05 APN 350-031-19 8/24/2022 Interwest
*LEGEND ABBREVIATIONS **CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) LEGEND ABBREVIATIONSCUP CEDH MLLA MNDLM EIRNASDRSPRSPR MSPR ETPMTBDVARZCZT ZONE TEXT AMENDMENTS NOT APPLICABLESTAFF DEVELOPMENT REVIEWSITE PLAN REVIEWSITE PLAN REVIEW MINORSITE PLAN REVIEW E (BUSINESS - EXISTING BLDG.)TENATIVE PARCEL MAPSTO BE DETERMINEDVARIANCEZONE CHANGEDIRECTOR'S HEARINGLOT LINE ADJUSTMENTSLOT MERGERS FOOTNOTE:Red text indicates payment still needed. No approval will be given without full payment of fees.
CONDITIONAL USE PERMIT
VARIANCESZONE CHANGESTENATIVE TRACT MAPS
16 September 13, 2022
PROJECT TYPE AUGUST TOTAL FY TOTAL
CUP: NA
LOT LINE ADJUSTMENTS: NA
LOT MERGERS: NA
SPR: NA
SPR MINOR: NA
TENATIVE PARCEL MAPS: NA
VARIANCE: NA
ZONE CHANGE & GPA: NA
ZONE TEXT AMENDMENTS: NA
PROJECT TYPE AUGUST TOTAL FY TOTAL
CUP: 2 2
LOT LINE ADJUSTMENTS:
LOT MERGERS:
SPR M: 5 7
SPR: 1 1
TENATIVE PARCEL MAPS: 1 4
VARIANCE:
ZONE CHANGE & GPA:
ZONE TEXT AMENDMENTS:
PROJECT TYPE AUGUST TOTAL
CUP: 2 NA
LOT LINE ADJUSTMENTS: 1 NA
LOT MERGERS: 12 NA
SPR M: 2 NA
SPR: 63 NA
TENATIVE PARCEL MAPS: 3 NA
TENTATIVE TRACT MAPS: 1 NA
VARIANCE: 3 NA
ZONE CHANGE & GPA: 8 NA
PROJECT TYPE AUGUST TOTAL FY TOTAL
CUP:
LOT LINE ADJUSTMENTS:
LOT MERGERS: 375.00 $
SPR: 4,230.00 $ 12,440.00 $
TENATIVE PARCEL MAPS: 762.00 $ 1,604.50 $
TENATIVE TRACT MAPS:
VARIANCE:
ZONE CHANGE & GPA: 3,592.00 $ 3,592.00 $
Other:
TOTALS $ 8,584.00 $ 18,011.50
BHT Invoices Paid by City $ 20,682.50
BHT Invoice Reimbursed to City 29,230.50 $
Difference (outstanding to collect) (8,548.00) $
PLANNING RECAP
Covers Period August 1- August 31, 2022
Note: some of the invoices maybe city projects. Fy 22/23 REVENUE (Non Reimbursable)
NEW PROJECTS
APPROVED / COMPLETED PROJECTS
OPEN PROJECTS
17 September 13, 2022
California City Check Register - City Council Meeting Page: 1 Check Issue Dates: 8/19/2022 - 9/8/2022 Sep 07, 2022 03:57PM Check Date Check# Payee Description Invoice Date Invoice# Invoice$ Check$ GLAccount GL Account Name 08/25/2022 108384 Katz, Michael Case BCV-20-100582 Settement 09/15/2020 BCV-20-100582 6,000.00- 6,000.00- 184212680 Legal Settlement Total 108384: 6,000.00-
1"'--" I 0812212022 111510 Frontier 08/ff1-08/�f722 .. , 08/01/2022 022502-5 0801 175.98 175.98 184215286 Communications Ma Total 111510: 175.98
08/30/2022 111511 Frontier 08/13-09/12/22 08/13/2022 040709-5 0813 29.30 29.30 184217284 Telephone - Land r
,,0,2022 111511 Frontier 08/13-09/12/22 08/13/2022 070174-5 0813 351.45 351.45 184215284 Telephone - Land Total 111511: 380.75
w 08/30/2022 111512 SoCalGas 07 /14-08/12/22 08/18/2022 173 738 1691 1 721.30 721.30 535310282 Gas Total 111512: 721.30
08/30/2022 111513 Verizon 07 /01-07 /31/22 07/10/2022 68159125 70.53 70.53 184215284 Telephone - Land 08/30/2022 111513 Verizon 08/01-08/31/22 08/10/2022 68634348 70.43 70.43 184215284 Telephone - Land Total 111513: 140.96
09/07/2022 111514 Frontier 08/19-09/18/22 08/19/2022 081503-5 0819 3,223.90 3,223.90 535310284 Telephone - Land Total 111514: 3,223.90
I 09/07/2022 111515 Verizon Wireless 08/17-09/16/22 08/16/2022 9913656346 304.12 304.12 194222286 Communications Ma 09/07/2022 111515 Verizon Wireless 07 /27-08/26/22 08/26/2022 9914454933 2,476.71 2,476.71 545410284 Telephone - Land 09/07/2022 111515 Verizon Wireless 07 /27-08/26/22 08/26/2022 9914454934 205.62 205.62 545410284 Telephone - Land \09/07/2022 111515 Verizon Wireless 07 /27-08/26/22 08/26/2022 9914454935 772.39 772.39 545410284 Telephone - Land .-_Jotal 111515: 3,758.84
09/08/2022 111516 661 Communications 8 Cradlepoint Modems Installed 08/22/2022 1693 1,560.00 1,560.00 184212740 Purchase of Equipm Total 111516: 1,560.00 ---
09/08/2022 111517 AES! Arrow Engineering 07 /01-06/30/23 07/15/2022 2016904 07152 1,860.00 1,860.00 515115630 Contracts Total 111517: 1,860.00 ---
09/08/2022 111518 Alexander Enterprises, I Water Bills 08/01-08/31/22 08/29/2022 3495 3,642.93 3,642.93 515115630 Contracts CC.1
18 September 13, 2022
19 September 13, 2022
20 September 13, 2022
21 September 13, 2022
22 September 13, 2022
23 September 13, 2022
24 September 13, 2022
25 September 13, 2022
26 September 13, 2022
27 September 13, 2022
28 September 13, 2022
29 September 13, 2022
30 September 13, 2022
ITEM NO. NB. 1
COUNCIL AGENDA ITEM
SEPTEMBER 13, 2022
PREPARED BY: Doug Dunford, City Manager
SUBJECT: Adoption of Resolution No. 09-22-2948, a Resolution of the City Council Ratifying the Proclamation of State of Emergency by Governor Newsom on March 4, 2020, and Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency for the Period from September 7, 2022, through October 7, 2022
BACKGROUND/ DISCUSSION
Since March 12, 2020, Executive Orders from the Governor have relaxed various Brown Act meeting requirements to allow remote meetings and to temporarily suspend the Brown Act provisions requiring the physical presence of Councilmembers at public meetings. Those authorizations expired on September 30, 2021.
On September 16, 2021, the Governor signed AB 361. AB 361 allows local agencies to continue to conduct remote (“Zoom”) meetings during a declared State of Emergency, provided local agencies make specified findings by Resolution. Absent this legislation, local agencies would have had to return to traditional meetings beginning on October 1, 2021, and traditional methods of remote participation by Councilmembers including the requirements of Government code 54953(b)(3).
Government Code 54953(b)(3) provides:
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries 31 September 13, 2022
of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
To utilize the exemption of AB 361 there must be a Proclamation from the Governor of a State of Emergency. On March 4, 2020, the Governor declared a State of Emergency which continues to this date. In addition, to utilize AB 361, one of the following must also be true:
1) “[S]tate or local officials have imposed or recommended measures to promote social distancing” ; or
2) The legislative body is holding a meeting for the purpose of determining “whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.” That is, the legislative body will be determining whether there is such risk; or
3) By “majority vote” the legislative body determined that “as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.” That is, the legislative body already determined there is such risk.
State officials continue to impose and recommend social distancing and indoor masking measures supporting an appropriate finding. The Kern County Public Health Services news release from March 8, 2022, outlined the latest COVID-19 facts and guidelines, including referencing the State’s continued recommendation for indoor masking.
The Council has the option to either return to the traditional Brown Act provisions or continue to pass the required AB 361 Resolution and avail themselves of the modified Brown Act provisions. So long as the declared State of Emergency by Governor Newsom remains in place, along with the local recommendations by Kern County, the Council will have the necessary findings to continue holding meetings under the modified Brown Act rules made available under AB 361. While the Council is not obligated to pass the attached resolution, failure to do so will require the Council, along with all Boards and Commissions of the City to return to traditional Brown Act requirements.
At the August 9, 2022, City Council meeting, the Council approved Resolution No. 08- 22-2939 that made the findings to authorize the conduct of remote “telephonic” meetings during the State of Emergency. However, the findings only last for a period of thirty days. To continue this exemption, the Council must adopt a new resolution making such findings every thirty days to continue to utilize the exemptions of AB 361. Given that Resolution Number 08-22-2939 expires on September 8, 2022, staff recommends the City Council adopt the attached resolution to avoid any lapse
FISCAL IMPACT
None
COUNCIL OPTIONS
32 September 13, 2022
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 09-22-2948 reaffirming that the aforementioned conditions continue to be true and extend the exemption from the requirements of the Government Code Section 54953(b)(3) for an additional thirty days.
ATTACHMENTS
1. Resolution No. 9-22-2948
33 September 13, 2022
RESOLUTION NO. 09-22-2948
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY,
RATIFYING THE PROCLAMATION OF STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND MAKING THE LEGALLY REQUIRED
FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY, FOR THE PERIOD FROM SEPTEMBER 7, 2022, THROUGH OCTOBER 7, 2022
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of California City (“City”);
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California, which continues to this date;
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; WHEREAS, on March 16, 2020, a local emergency related to the Coronavirus, was declared by the Kern County Administrative Office, this declaration was subsequently ratified by the Kern County Board of Supervisors on March 17, 2020; WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021, by Executive Order N-08-21; WHEREAS, on September 16, 2021, Governor Newsom signed AB 361, which went into immediate effect as urgency legislation;
WHEREAS, AB 361 added subsection (e) to Section 54953 authorizing legislative bodies to telephonically participate in meetings without compliance with the requirements of Government Code section 54953(b)(3) provided the legislative body makes specified findings;
WHEREAS, a required condition is that a State of Emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by conditions as described in Government Code section 8558; WHEREAS, a further condition of AB 361 if one of the following is true:
1) “[S]tate or local officials have imposed or recommended measures to promote social distancing”; or
34 September 13, 2022
2) The legislative body is holding a meeting for the purpose of determining “whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees”; or 3) By “majority vote” the legislative body determined that “as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.” That is, the legislative body already determined there is such risk.
WHEREAS, the Kern County Public Health Services news release from March 8, 2022, outlined the latest COVID-19 facts and guidelines as well as current State recommendations that public indoor masking for unvaccinated individuals is no longer required, but continues to be strongly recommended;
WHEREAS, within the last 30 days, on Tuesday, August 9, 2022, the City Council of the City of California City adopted a Resolution finding that the circumstances of the State of Emergency declared by the Governor and (1) the State of Emergency directly impacts the ability of the members of this legislative body to meet safely in person; and (2) State or local officials continue to impose or recommend measures to promote social distancing;
WHEREAS, the City Council, by this Resolution herein authorizes, for an additional thirty (30) days, exemption from the requirements of Government code section 54953(b)(3) for telephonic participation by Councilmembers in Council meetings from September 7, 2022, through October 7, 2022.
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of California City as follows:
1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
2. The City Council finds that local officials, specifically, the Kern County Public Health Services, continues to reference State recommendations regarding recommended masking measures to ensure the safety of residents.
3. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
35 September 13, 2022
5. This Resolution shall take effect immediately upon its adoption and shall be effective starting September 7, 2022, until the earlier October 7, 2022, or such time as the City Council adopts a subsequent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of California City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.
7. The acting City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 13th day of September 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jeanie O’Laughlin, Mayor
ATTEST:
_______________________________
Socorro Chavez, City Clerk
36 September 13, 2022
STATE OF CALIFORNIA )
COUNTY OF KERN ) SS
CITY OF CALIFORNIA CITY )
I, Socorro Chavez do hereby certify that I am the duly appointed City Clerk of the City of California City, and that the foregoing Resolution was duly adopted at a regular meeting of the Mayor and City Council of the City of California City held on the 13th day of September 2022.
_______________________________
Socorro Chavez, City Clerk
APPROVED AS TO FORM
________________________
Victor Ponto, City Attorney
37 September 13, 2022
DATE: March 22, 2022
TO: Honorable Mayor and City Council
FROM: Victor Ponto, City Attorney
SUBJECT: Approval of New Interim City Manager Employment Agreement with Dr. Jim Hart ___________________________________________________________________________________ Recommendation
Staff recommends that the City Council appoint Dr. Jim Hart (“Hart”) as Interim City Manager starting September 19, 2022 and approve a resolution and a contract between the City of California City (“City”) and Heart for Interim City Manager services.
Background:
Earlier this year, the City Council contracted Mr. Dunford as the new permanent City Manager.
Earlier this month, Mr. Dunford notified the City that has resigning from the City Manager position effective September 15, 2022.
On September 6, 2022, the City Council held a special meeting of the City Council to interview potential candidates. At the conclusion the Council directed the City Attorney’s Office to negotiate a contract with Hart.
The proposed contract (Attached) provides that Heart shall serve as Interim City Manager for on a month to month basis that shall commence on September 19, 2022. Heart will be compensated at a rate of $86.54 per an hour worked.
Conclusion:
Staff recommends that the City Council appoint Heart as Interim City Manager starting September 19, 2022 and approve an Agreement between the City of California City and Hart for Interim City Manager services.
Environmental Action
None
Fiscal Impact
The Interim City Manager will be compensated through GL 10-4131-110.
Attachments
Resolution
Interim City Manager Employment Agreement
Resume
NB. 2
38 September 13, 2022
RESOLUTION NO. 9-22-2950
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY APPOINTING DR. JIM HART AS INTERIM CITY MANAGER AND
APPROVING EMPLOYMENT CONTRACT
WHEREAS, Government Code section 21221(h) permits the City Council to appoint a California Public Employees’ Retirement System (CALPERS) retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the position of City Manager has become vacant; and WHEREAS, to ensure the efficient continued operation of the City, the City desires to retain the services of Jim Hart (Retiree), a retired member of CalPERS, to serve as Interim City Manager, effective September 19, 2022; and WHEREAS, Retiree has significant management and professional skills experience; and
WHEREAS, pending the recruitment, selection and employment of a City Manager, the City Council desires to appoint Retiree as Interim City Manager, pursuant to the authority provided under Government Code Sections 7522.56 and 2122 (h), to provide the leadership, managerial and organizational skills necessary to manage the City of California City effectively and efficiently; and WHEREAS, it is understood by Retiree and the City that the combined total hours to be served by Retiree in any fiscal year for all CalPERS employees shall not exceed the 960 hour limitation set forth in California Government Code Sections 7522.56 and 21221 (h); and
WHEREAS, the City Council has reviewed a proposed employment agreement by and between Retiree and the City.
NOW THEREFORE BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of California City as follows:
SECTION 1. As required by Government Code Section 21221 (h), the City Council makes the following findings:
(a) All facts set forth in the Recitals to this Resolution are true and correct: and (b) Jim Hart has the specialized skills needed to perform the work required of the Interim City Manager until a permanent City Manager is appointed and thereafter begins his or her services; and
39 September 13, 2022
(c) It is in the best interest of the City to enter into an employment agreement with and to appoint Jim Hart as Interim City Manager for the City pursuant to the authority provided in Government Code Sections 7522.56 and 21221 (h).
Section 2. Jim Hart is appointed as Interim City Manager of the City in accordance with Government Code Sections 7522.56 and 21221(h) and with provisions of the employment agreement, a copy of which is attached and incorporated herein by this reference.
Section 3. The employment agreement with Jim Hart, a copy of whish shall be kept on file with the City Clerk, is approved by the City Council effective September 19, 2022.
Section 4. The City Council is authorized to execute said agreement on behalf of the City with such technical amendments as may be deemed appropriate by the City Council and City Attorney.
PASSED AND ADOPTED by the City Council of the City of California City on the 13th day of September 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________________
Jeanie O’Laughlin, Mayor
ATTEST:
________________________________
Socorro Chavez, City Clerk
40 September 13, 2022
1 CITY OF CALIFORNIA CITY
EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this 13 day of September 2022, by and between the CITY OF CALIFORNIA CITY (“City”), a California municipal corporation, and DR. JIM HART (“Hart”), an individual. For the purposes of this Agreement, City and Hart may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to City or Hart interchangeably.
RECITALS
WHEREAS, the City has a vacancy for the position of City Manager, for which the City is conducting a recruitment for a permanent appointment; and WHEREAS, the City has an immediate need for an employee to temporarily perform the duties of the position of City Manager, a position involving specialized skills and training and which is critically necessary to the on-going duties and functions of the City; and WHEREAS, the City has determined that Hart is competent and qualified to perform the services required by this Agreement, and the City wishes to have Hart perform the City Manager duties on an interim basis; and
WHEREAS, Hart has retired through the California Public Employees’ Retirement System (“CalPERS”) and desires to retain his retirement status and benefits; and WHEREAS, Government Code section 21221(h) permits the City to appoint a CalPERS retired annuitant to a vacant position requiring specialized skills during recruitment for a permanent replacement; and
WHEREAS, pursuant to action by the City Council during its regular meeting on September 13, 2022, Hart has been appointed on an interim basis to the vacant position of City Manager subject to the requirements of Government Code sections 7522.56 and 21221(h).
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Hart agree as follows:
TERMS
1. Appointment and Duties. Hart has been appointed as interim City Manager by the City Council, and shall temporarily perform the duties of City Manager, a position involving highly specialized and critically needed skills, as set forth in the job description for the position of City Manager, which is attached hereto as Exhibit “A,” as well as set forth in the City’s Municipal Code, and as provided by law. Subject to the terms of this Agreement Hart’s employment as the Interim City Manager is “at will,” and Hart shall perform said duties at the pleasure of and under the direct supervision of the City Council and subject to the terms of this Agreement. It is the intent of the Parties that the Interim City Manager shall keep the City Council fully apprised of all significant ongoing operations of City. To 41 September 13, 2022
2 that end, will periodically, or as may be otherwise specifically requested by the City Council, provide oral or written status reports to the City Council on his activities and those of City.
2. Term. This Agreement shall be effective on September 19, 2022 (“Effective Date”) and shall expire as of the first of the following to occur: (i) upon the employment commencement date of a permanent City Manager employed by City; or (ii) upon termination of the Agreement by either Hart or City in accordance with Section 8 of this Agreement.
3. Hours of Work.
A. Hart is expected to devote the necessary time, within and outside normal business hours, to the business of the City. The City and Hart acknowledge that, Interim City Manager, Hart will be required to work hours outside of regular business hours including, without limitation, attendance at regular and special City Council meetings and attendance at such community events and City functions at the Council may direct. Hart agrees to be reasonably available by telephone at all times to the City Council, City staff, and members of the community.
B. The City, through the City Council, shall determine Hart’s work hours and schedule. Due to the nature of the position, the Parties understand that the work day and work week hours may vary. However, the Parties agree that Hart may work remotely on the Fridays the City is open, unless there is City business or events occurring that require him to be present, or he is otherwise directed by the City Council to report to City premises. At its discretion, the City Council may authorize Hart to work remotely on additional days as appropriated based on City business.
C. The position of Interim City Manager shall be deemed an exempt position under any applicable state and federal wage and hour laws. Hart shall not be entitled to overtime pay at the rate of time and one half for hours worked in excess of 40 in any work week. For all hours worked, including all hours worked over 40 in a work week, Hart shall be compensated at the hourly rate identified in Section 4 below.
D. Consistent with Government Code sections 21221(h) and section 7522.56, the Parties understand an agree that, as a retired annuitant, Hart’s performance of service, whether compensated or on a volunteer basis, cannot exceed 960 hours per fiscal year across all positions held with public agencies that contract with CalPERS for retirement benefits.
E. Hart will be responsible for keeping track of the number of hours worked on a time sheet form provided by the City and submitting them at least every two weeks. If Hart’s hours are approaching 960, then the City retains the right to summarily suspend Hart’s duties under this Agreement and to reassign any scheduled hours, 42 September 13, 2022
3 as needed, to ensure that Hart does not exceed the maximum hours allowed by this Agreement.
4. Compensation. Hart shall be paid at the rate of Eighty-Six Dollars Fifty-Four ($86.54) per hour. The City has confirmed that this rate is not less than the minimum, nor in excess of the maximum monthly base salary, paid by the City to other employees performing comparable duties (divided by 173.333 to equal an hourly rate) as listed on the City’s publicly-available pay schedule. Payments will be made on regularly scheduled City payroll dates and shall be subject to all applicable payroll taxes and withholdings. Such compensation shall be the sole compensation for Hart’s services under this Agreement and shall be conditioned upon Hart’s submission of true and accurate time logs indicating actual hours worked for the pay period for which compensation is sought. If the City Council approves a salary adjustment for the position of City Manager on a publicly-available pay schedule during the term of this Agreement, Hart’s hourly compensation rate shall be adjusted accordingly and in accordance with California Government Code section 21221(h).
5. Benefits. In accordance with California Government Code section 21221(h), other than the compensation described above in Section 4, Hart shall receive no other benefits, incentives, compensation in lieu of benefits, or any other form of compensation. Hart understands and agrees that he is not, and shall not be, eligible to receive any benefits from the City, including any City group plan for medical or dental insurance, any City retirement program. Additionally, Hart shall not be entitled to any paid holidays, vacation, sick leave, or other leave, with or without pay, or any other job benefits available to an employee in the regular service of the City, except for Worker’s Compensation Insurance coverage or benefits required by state or federal law.
6. Reimbursement for Business Expenses. City recognizes that certain expenses of a nonpersonal but job- related nature are incurred by Hart and agrees to reimburse or to pay said general expenses, including without limitation reimbursement for Hart’s use of his personal automobile for City related business and lodging related to his required attendance at City Council meetings or other City-related activities or events, which reimbursements shall be made in accordance with City policy, IRS regulations, and other applicable state or federal laws. Other than as specifically provided herein, Hart shall receive no other compensation or reimbursements for expenses incurred by him in the performance of this Agreement.
7. No Property Right in Employment. Hart understands and agrees that the terms of his employment are governed only by this Agreement and that no right of regular employment for any specific term is created by this Agreement. Hart further understands that he acquires no property interest in his employment by virtue of this Agreement, that the employment is “at will” as defined by the laws of the State of California (meaning that he can be terminated at any time for any reason or for no reason), and that he is not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action except as otherwise provided by law. 43 September 13, 2022
4 8. Representations by Hart.
A. Hart represents that he is properly trained and certified to perform the duties required of the interim City Manager position and this Agreement.
B. Hart further represents that he has not worked any hours as a retired annuitant for a CalPERS employer in the 2022-2023 fiscal year (July 1, 2022 — June 30, 2023) and agrees to immediately notify the City if he works any hours for another CalPERS employer.
C. Hart represents that he has not received any unemployment insurance payments for prior retired annuitant work for any CalPERS employer within twelve (12) months of the effective date of this Agreement.
D. Hart represents that more than 180 days have passed since his date of his bona fide CalPERS retirement.
9. Termination.
A. By City. The City may terminate this Agreement for any reason, and at any time, with or without case, by providing thirty (30) days written notice to Hart of such termination. In the event of such termination, the City’s only obligation of shall be payment to Hart of all compensation then due and owing as set forth in Section 4 above, up to and including the effective date of termination. Notwithstanding the foregoing, this Agreement may be terminated immediately upon the appointment of a permanent City Manager, or if necessitated by changes to CalPERS statutory or regulatory requirements, or if doing so will preclude a violation of Government Code Sections 7522.56 or 21221(h). Hart understands and agrees that he shall not be entitled to severance pay regardless of the reason for his termination.
B. By Hart. This Agreement may be terminated by Hart for any reason thirty (30) days after providing written notice to City of such termination. City shall have the option, in its complete discretion, to make Hart’s termination effective at any time prior to the end of such period, provided City pays Hart all compensation as set forth in Section 4 above then due and owing him through the last day Hart actually worked.
C. Termination Obligations. Hart agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to City and shall be returned promptly to City upon termination of Hart’s employment. Hart’s obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
44 September 13, 2022
5 10. Proprietary Information. For purposes of this Agreement, “Proprietary Information” means all information and any idea pertaining in any manner to the business of City (or any City affiliate), its elected and appointed officials, officers, employees, clients, consultants, or business associates, which was produced by any employee of City in the course of his employment or otherwise produced or acquired by or on behalf of City.
Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of City’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During his employment by City, Hart shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of City and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, Hart shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of City. Hart’s obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
11. Conflict of Interest. Hart represents and warrants to City that he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial, or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this Agreement.
12. Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified, or registered, and addressed to City at the address below, or at the last known address maintained in Hart’s personnel file. Hart agrees to notify City in writing of any change in his address during his employment with City. Notice of change of address shall be effective only when accomplished in accordance with this Section.
City’s Notice Address:
City of California City
21000 Hacienda Boulevard
California City, California 93505
Attn: Mayor and City Council
Hart’s Notice Address:
Dr. Jim Hart
12325 Tripoli Street
Victorville, CA 92392
13. Indemnification. In accordance with and subject to the limitations of the California Government Claims Act and California Labor Code, the City shall defend, save harmless 45 September 13, 2022
Dr. Jim Hart, Ph.D.
12325 Tripoli Street
Victorville, CA. 92392
Cell Phone: 949-838-6136
Email: [email protected]
Education:
Doctor of Business Administration
California Coast University, Santa Ana, CA
August 1999
Master of Public Administration
Brigham Young University
April 1976
Bachelor of Arts, Political Science
California State University, Fullerton, CA
June 1974
Work Experience:
Management/Organizational
Consultant/Interim Manager
46 September 13, 2022
March 2015 — Present
Provide management and organizational consulting services to develop more effective and efficient organizations. This includes individual employee coaching, team building, organizational analysis and strategic planning sessions. Serve in interim roles with Cities.
City of Barstow, California
February 2020 – October 2021
Interim City Manager
Served as Chief Executive Officer performing all the functions required of a City Manager as listed below for other City Manager positions.
Major Accomplishments:
• Facilitated the approval of a Marriott Hotel
• Finalized an Intergovernmental Services Agreement with the Chemehuevi Indian Tribe for a Casino.
• Facilitated development of an Intergovernmental Services Agreement with Fort Irwin
• Facilitated passage of a Cannabis Ordinance
City of Carson, California
March 2018 – February 2019
Interim Assistant City Manager
Served as Assistant City Manager with responsibility for Human Resources, Community Services, IT and Public Safety.
47 September 13, 2022
City of Adelanto, California
January 2005-March 2015
City Manager/Executive Director
Chief Executive Officer responsible for implementation of City Council/Redevelopment/Successor Agency Board policies and Administration of day-to-day functions of the City, Redevelopment Agency, Successor Agency, Water Authority and Financing Authority.
Functional Responsibilities:
• Develop, recommend and implement Board policy,
• Develop, recommend and implement annual budgets and monitor expenditures throughout the year.
• Develop, recommend and implement Economic Development strategy. • Develop effective relationships between Board, Staff, Community and Intergovernmental Agencies.
• Create an atmosphere of cooperation, customer service and respect for the staff, residents and City Council,
Major Accomplishments:
Built an outstanding City team with departments and City Council that were traditionally adversarial with each other.
Established an atmosphere of ethics and confidence in the City Manager's office and throughout the organization which resulted in employee unions dropping legal actions against the City.
Created an Economic Development strategy that improved the City's image and allowed for regional cooperation for Economic Development opportunities.
Completed a Wastewater Treatment Facility expansion within budget and on time, resulting in the Regional Water Board dropping recommended sanctions against the City.
Empowered City Staff which allowed them to development confidence in themselves and thus, provide more efficient customer service to the community. 48 September 13, 2022
City of Rancho Santa Margarita, California
May 2002 — December 2004
City Manager
Chief Executive Officer responsible for implementation of City Council policies and Administration of day-to-day functions of the City,
Functional Responsibilities:
Functional responsibilities were the same as for the City of Adelanto which includes the normal functions a City Council expects from a City Manager.
Major Accomplishments:
Oversaw the design and construction of the City's first City Hall and Community Center.
Developed effective working relationships with the master homeowner’s association which allowed for more efficient use of City funds.
Oversaw completion and implementation of the Citvs General Plan.
Created an effective City team.
Established effective and cooperative relationships with other local and regional agencies.
City of Twentynine Palms, CA
August 1992 — May 2002
City Manager/Executive Director
Chief Executive Officer responsible for implementation of City Council/Redevelopment Agency Board policies and Administration of day-to-day functions of the City. 49 September 13, 2022
Functional Responsibilities:
These were the same as for the City of Adelanto and City of Rancho Santa Margarita.
Additionally, the City is adjacent to the Marine Corps Air Ground Combat Center and interaction with the Marine Corps brought unique and challenging opportunities.
Major Accomplishments:
Annexed the Mainside portion of the Marine Corps Air Ground Combat Center as a creative and visionary way to increase City revenues with minimal associated ongoing costs.
The annexation resulted in over One Million new dollars annually for the City. Created an Economic Development strategy to help increase tourism in the area for the nationally recognized Joshua Tree National Park. Obtained Federal funding to improve the Visitor's Center at the Joshua Tree National Park and to improve access to and from the National Park.
Developed an Economic Team of residents and business owners to assist in bringing differing opinions together to establish an economic vision that included all ideas. Was instrumental in developing a regional economic development consortium that looked at economic development from a regional perspective.
City of Rancho Cucamonga, CA
January 1986— August 1992
Administrative Services Director/Deputy City Treasurer
Served as Agency Head (Assistant City Manager) responsible for the major areas of Finance, Human Resources, Risk Management, Purchasing, Facilities Maintenance, Treasury Management, Management Information Systems and Assessment District Administration.
Functional Responsibilities:
Develop, recommend and implement City, Redevelopment Agency, and Fire District Fiscal, Human Resources and Risk Management policy.
Implement and interpret Citywide Human Resource policies for effective handling of employees.
50 September 13, 2022
Chief Spokesman for Meet and Confer process. Negotiated agreements with 5 labor groups.
• Develop and implement citywide employee training and development programs.
Major Accomplishments:
Created an atmosphere of trust and confidence in the provision of department functions.
Revised and negotiated with labor groups, new and updated Personnel rules and policies.
Insured safe and proper investment of City, Redevelopment Agency and Fire District funds.
Assisted in creating and maintaining positive employer/employee relations.
City of Chino, CA
February 1985 -January 1986 Management Services Director/City Treasurer August 1982 — November 1982 Interim City Manager/Executive Director May 1978— February 1985 Director of Personnel and Risk Management Functional Responsibilities:
Served as a Department Head and Second in Command. Responsible for functions similar to that of the Administrative Services Director in Rancho Cucamonga, California Major Accomplishments:
Created an atmosphere of service/cooperation within the City organization which created confidence in the Department.
Created and maintained an effective and positive relationship with City employee organizations/associations resulting in reaching the first ever multi-year agreements.
Developed a self-funded and self-administered Workers Compensation program which saved the City several thousands of dollars.
51 September 13, 2022
Uintah Basin Association of Governments
Roosevelt, Utah
April 1976 - May 1978 Manpower Administrator
Responsible for administration of the Federally funded CETA manpower training program for a 3 County area.
State of Utah, Job Service
Provo, Utah
April 1975 April 1976 CETA Program Administrator
Responsible for administration of the youth development program for the State service area.
Adjunct Faculty
August 1995 - May 2002 Copper Mountain College
Joshua Tree, CA
Community College Instructor in the Social Sciences Department teaching Introduction to Sociology, Human Communications and Public Speaking.
May 1982 August 1992 Chaffey Community College
Rancho Cucamonga, CA
Community College Instructor in the Business Education Department teaching Human Resources Management, Introduction to Management and Labor Relations.
Community Involvement
Member of Chino, Twentynine Palms and Adelanto Rotary Club. Past President of Twentynine Palms Rotary,
Served on the United Way Board for Ontario and Morongo Basin United Way 52 September 13, 2022
ITEM NO. NB.3
COUNCIL AGENDA ITEM
SEPTEMBER 13, 2022
PREPARED BY: Doug Dunford, City Manager
SUBJECT: Approval of Time Extension for the Completion of the Meister Project
BACKGROUND/ DISCUSSION
In 2016, the Successor Agency to the Redevelopment Agency of the City of California City entered into a purchase and sale agreement (“Agreement”) with Meister & Meister, Inc. (“Meister”), attached to this staff report as Attachment 2. The Agreement provided several conditions that required the construction of certain improvements, otherwise the property would revert back to the Successor Agency. In 2017 and 2018, the Agreement was amended two additional times, attached hereto as Attachment 3 and 4.
Meister & Meister, Inc. seeks a further time extension, as well as consent to transfer the property to a holding entity controlled by the same owners.
FISCAL IMPACT
None
COUNCIL OPTIONS
RECOMMENDATION
Approve the Resolution authorizing execution of Amendment No 3 attached as Exhibit A to Attachment 1 of this report and also directing the City Manager in consultation the City Attorney’s Office to verify that the transferee of the property is controlled by the same parties and assumes all obligations under the Agreement and Amendment.
ATTACHMENTS
1. Proposed Resolution No. 09-22-2949
2. 2016 Real Property Purchase and Sale Agreement and Mutual Escrow Instructions
3. 2017 First Amendment to Purchase and Sale Agreement
4. 2018 Amendment No. 2 to Real Property Purchase and Sale Agreement
53 September 13, 2022
SUCCESSOR AGENCY RESOLUTION NO. 09-22-2949
A RESOLUTION OF THE SUCCESOR AGENCY TO THE
FORMER REDEVELOPMENT AGENCY OF THE CITY OF
CALIFORNIA CITY, COUNTY OF KERN, CALIFORNIA,
APPROVAL OF AMENDMENT NO. 3 WITH MEISTER &
MEISTER TO A PURCHASE AND SALE AGREEMENT
GRANTING A TIME EXTENSION FOR PERFORMANCE FOR
PROPERTY LOCATED ON LINDBERGH BLVD BETWEEN
SAMPSON BLVD AND CURTISS PLACE
WHEREAS, on or about December 1, 2016, the Successor Agency of the Former Redevelopment Agency of the City of California City (“City”) and Meister & Meister, Inc, a California corporation, (“Meister”) entered into that certain agreement entitled “Real Property Purchase and Sale Agreement and Mutual Escrow Instructions” (“Agreement”) for the sale of land with conditions for improvement of the property; and
WHEREAS, per the Agreement, the City retained a revisionary interest if those conditions were not satisfied; and
WHEREAS, the conditions in the Agreement include a timeline for development and certain restrictions on transfer of the property to other parties; and WHEREAS, on or about May 2nd, 2017 the Agreement was amended and again on or about December 3, 2018 to grant time extensions; and
WHEREAS, the City and Meister both seek to update the time deadlines to encourage the completion of the improvements.
NOW, THEREFORE, THE BOARD OF THE SUCCESOR AGENCY TO THE
FORMER REDEVELOPMENT AGENCY OF THE CITY OF CALIFORNIA CITY DOES RESOLVE AS FOLLOWS:
SECTION 1. The recitals above are true and correct and incorporated herein by reference.
SECTION 2. The Board of the Successor Agency to the Former Redevelopment Agency of the City of California City hereby authorizes the City Manager, as Executive Director of the Successor Agency to enter into, make non-material changes, and execute AMENDMENT NO. 3 TO REAL PROPERTY PURCHASE AND SALE AGREEMENT, attached hereto as Exhibit A.
SECTION 3. The Board of the Successor Agency additionally authorizes the City Manager, as Executive Director, in consultation with the City Attorney’s Office to provide written consent to the transfer of the property to a holding entity, given the assignee provides satisfactory documentation that the assignee assumes all obligations under the Agreement and its amendments and tenders evidence satisfactory that the holding entity is controlled by the same owners. 54 September 13, 2022
SECTION 4. The Board further authorizes all other further actions, and the execution and delivery of all other documents required or deemed necessary, to effectuate the purpose of this Resolution.
SECTION 5. The Mayor as Board President shall sign and the City Clerk shall attest to the passage of this Resolution. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED by the Successor Agency of the City of California City at the regular meeting of this ___ day of _______________, 2022.
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Jeanie O’Laughlin, Mayor and Board
President of the Successor Agency
ATTEST:
Socorro Chavez, City Clerk
55 September 13, 2022
EXHIBIT A
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103 September 13, 2022
ITEM NO. NB. 4
COUNCIL AGENDA ITEM
September 13, 2022
PREPARED BY: Jeanie O’Laughlin, Mayor
SUBJECT: Appointment of Planning and Parks Commissioners
BACKGROUND/ DISCUSSION
Per the City Municipal Code, the Planning Commission and the Parks Commission are comprised of five members that serve a two-year term. Each term begins on May 1st and ends on April 30th.
The City Clerk posted the vacancies for the Planning and Parks Commission; I announced the opening and closing at Council meetings; letters of intent were submitted. There were five letters submitted for Planning Commission: there were three letters submitted for Parks Commission. Councilman Creighton and I reviewed all the applications and interviewed candidates.
The following citizens submitted interest in appointment to the Planning Commission:
• Jay Dunham
• Kim Welling
• Destiny Townsell
• Pastor David McKinley
• Lou Peralta
The following citizens submitted interest in appointment to the Parks Commission:
• Shauna Royten
• Carolinda Fleming
• Jazzmine Harris-Clark
• Destiny Townsell
FISCAL IMPACT
A monthly stipend of $50 per meeting per month, which has already been budgeted for the Planning and Parks Commission. In addition, Mandatory state training will have to be attended and paid for, by the City for the new commissioners.
COUNCIL OPTIONS
None
104 September 13, 2022
RECOMMENDATION
The City ordinance states: “The Mayor shall appoint qualified persons to fill each vacancy with the advice and consent of the Council.” I am recommending the following appointments to the Planning Commission:
• Jay Dunham
• Kim Welling
• Pastor David McKinley
I am recommending the following appointments to the Parks Commission:
• Shauna Royten
• Jazzmine Harris-Clark
ATTACHMENTS
105 September 13, 2022
ITEM NO. NB. 5
COUNCIL AGENDA ITEM
September 13, 2022
PREPARED BY: Kenny Cooper, Finance Manager
SUBJECT: Letter of Engagement with Price Paige & Company (PPC) for three (3) years ended 2022 – 2024.
BACKGROUND/ DISCUSSION
California City has previously engaged PPC as financial consultants to assist in the City’s year-end close and preparation for the June financial statement audits. Additionally, PPC will prepare the following services: All accounting responsibilities for Successor Agency to the City of California City Redevelopment Agency including preparation of City’s Recognized Obligation Payment Schedule (ROPS), and Prior Period Adjustment Form (PPA); Prepare all journal entries necessary to convert financial statements from modified accrual to the full accrual basis of accounting; Provide the City with additional consultation as agreed upon by City management; Preparation of the City’s Annual Financial Transactions Report (FTR).
FISCAL IMPACT
The fees for the above services for years ended 6/30/22, 6/30/23, and 6/30/24 will be for an amount not to exceed $253,500 ($84,500 per year) budgeted to 10-4155-310.
COUNCIL OPTIONS
1. Council can approve the request
2. Council can deny the request
3. Council can take no action
RECOMMENDATION
Staff recommends the City Council authorize the City Manager to approve the letter of engagement with PPC.
ATTACHMENTS
1. Letter of Engagement with Price Paige & Company
106 September 13, 2022
August 31, 2022
Mr. Douglas Dunford
City Manager
City of California City
21000 Hacienda Blvd.
California City, CA 93505
Dear Mr. Dunford:
This letter confirms the engagement of Price Paige & Company by the City of California City (the “City”) as of and for the years ended June 30, 2022, June 30, 2023, and June 30, 2024. The professional consulting services we currently expect to provide include the following:
1) We will assist the City in the year-end close of its financial records by performing reconciliations of balance sheet and income statement balances, as deemed necessary, in preparation for the City’s June financial statement audits, and function as a liaison with the City’s external auditors for any areas in which we assist. 2) We will perform all accounting responsibilities for the Successor Agency to the City of California City Redevelopment Agency, including the preparation of the City’s Recognized Obligation Payment Schedule (ROPS) and Prior Period Adjustment Form (PPA).
3) We will prepare all journal entries necessary for the City to convert its financial statements from the modified accrual to the full accrual basis of accounting.
4) We will provide the City with additional consultation as agreed upon with City management. The scope, timing, and extent of the additional consultation will be discussed prior to the commencement of any work. 5) Preparation of the City’s Annual Financial Transactions Report.
All workpapers or other documents used by us during this engagement will be maintained in segregated files, and such originals and all copies will be returned to you upon the completion of our engagement.
Electronic Data Communication and Storage and Use of Third-Party Service Provider In the interest of facilitating our services to the City, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to the City may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional standards. We also require all of our third-party vendors to do the same.
You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors, and consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers during this engagement.
It is our policy to keep records related to this engagement for a minimum of seven years after the report release date. 107 September 13, 2022
August 31, 2022
Our fees for the above services for the years ended June 30, 2022, June 30, 2023 and June 30, 2024 will be as follows:
Consulting Services, as listed in items 1-3 $210,000
Additional Consulting, as listed in item 4 (hourly, not to exceed) 30,000 City’s Financial Transaction Report, as listed in item 5 13,500 Total $253,500
Our fees are based on expected hours required to perform the service at our standard hourly rates. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your consulting engagement. Our billing rates are reviewed annually and, where appropriate, adjusted for any increases due to inflation and other factors. We will issue a monthly billing statement for the work completed in that month. Payments for services are due when rendered and interim billings may be submitted as work progresses and expenses are incurred. Our fee estimate is based on anticipated cooperation from your personnel and assumption that unexpected circumstances will not be encountered during the services listed in Exhibit A. If significant time is necessary, we will discuss it with you before we incur additional costs. The fees for these services will be billed at the hourly billing rate for the individual involved, plus out-of-pocket expenses.
If any dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties.
All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result of your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final. IN AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE THAT, IN THE EVENT OF A DISPUTE OVER FEES
CHARGED BY THE ACCOUNTANT, EACH OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A
COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.
If information becomes known that would make our continued involvement in this engagement inappropriate, or parties involved change, we reserve the right to withdraw from this engagement. In addition, we will refuse to perform any requested act that we deem a violation of law, public policy, or our professional ethical standards, and may, as a result, withdraw from the engagement without penalty.
In no event will our firm be liable for incidental or consequential damages resulting from our performance on this engagement, even if we have been advised of the possibility of such damages.
If these terms are in accordance with your understanding and meet with your approval, then please sign and date one copy of this letter in the space provided. This agreement will become effective when you return the signed copy to us.
Sincerely,
Joshua Giosa, CPA
Price Paige & Company
- - - - - - -
RESPONSE:
This letter correctly sets forth the understanding of the City of California City.
Management Signature Title Date
108 September 13, 2022
ITEM NO. NB.6
COUNCIL AGENDA ITEM
MAY 17, 2022
PREPARED BY: Doug Dunford, City Manager
SUBJECT: Council to Authorize the City Manager to Enter into an Agreement with Clear Source Financial Consulting to Conduct a User and Regulatory Fee Study
BACKGROUND/ DISCUSSION
The City relies on the collection of several different types of revenue to provide services and programs to the residents. In addition to enterprise fees based upon approved rate schedules, the City also collects fines, and fees for services and programs.
Some fee revenue are under the discretion of the Council to set and some re not, while others are required to go through very specific and detailed processes to change.
Proposition 218 governs the process for rates related to Enterprise fund services. The City has not conducted a rate study in some time and they need to reflect the current costs for services. Police fines related to items such as speeding and other moving violations are regulated and standardized by the Judicial Council of California.
Council has the discretion to set the majority of fees for services and programs. City fees for facilities, services and programs generally are updated every five years and the most recent comprehensive study of these hasn’t been completed since 2020.
However, the costs related to simply maintain the status quo in facilities, services and programs have risen. While the City continually institutes cost-saving measures, the fact remains that the cost of nearly all goods, especially during the pandemic, have risen each year along with the cost for personnel. Even if salaries remain static, personnel costs such as workers compensation, minimum wage, and benefits generally increase annually. Minimum wage alone has increased by five dollars in five years.
As Council has been informed in past budget discussions, Staff struggles to maintain services and programs at current levels. At the same time the Council has also expressed a desire to improve facilities and expand programs. With limited options, it is important to take a look at all City fees to determine if the appropriate amount is still being recovered for each. A User and Regulatory Fee Study would include all the following traditional fees for the City, but would not include either police fines, 109 September 13, 2022
Enterprise rates, Airport rental rates, Golf course rates, Dial a Ride and Housing.
The following are some of the examples of the fees that would be included: business licenses, facility rentals, park rentals, truck parking, equipment rental, swimming pool use/ lessons, all recreation classes, other police, fire inspections, animal control, fingerprinting, bicycle licenses, garage sale permits, engineering, architectural review.
Development, impact, site plan, easements and zoning.
Given the required person-hours and specialized nature of the study, staff recommends hiring a consultant, as has been done for review of enterprise funds rates in other cities.
Working with a consultant that is familiar with City costs affords costs savings. It is Important to note that, after completing a study, the consultant could recommend reducing fees- this is not anticipated but it is possible.
Staff is recommending Clear Source Financial Consulting that has completed other city’s rate studies. Clear Source Financial Consulting can complete the study in a timely manner for the Council review by February 2023. At this point, Council can make the determination if the fee would take effect in 60 days or wait until July 1, 2023 and implement the fees at that time.
FISCAL IMPACT
Based off of negotiations with Clear Source, Staff recommends that an amount not to exceed $25,500 be authorized for the consultant services required total for the User and Regulatory Fee Study.
Since the User and Regulatory Fee Study touches different funds of the City, it would be appropriate to break the costs down into those funds where the fees are collected.
Several of the program areas that would be reviewed currently receive significant support. For this reason, it seems appropriate to use a small amount of funding from those funds to complete the User and Regulatory Fee Study portion.
Estimated cost breakdown is as follows:
Water fund demand 7% $1,713.60
Sewer Fund demand 7% $1,713.60
Traffic fines demand 5% $1,224.00
Airport Hangar fees – 5% $1,224.00
Sal of City Properties – 35% $8,568.00
General Fund - $10,036.80
COUNCIL OPTIONS
RECOMMENDATION
Staff recommends City Council authorize an appropriation not to exceed $25,500 for a comprehensive rate study for a User and Regulatory Fee Study and direct the City Manager to contract with a qualified consultant for those services. The authorization directs Staff to split the cost into the above funds in the percentages listed, authorizing Staff to reduce or increase percentages to reflect the final result, not to exceed $1,000 difference on any one fund.
110 September 13, 2022
ATTACHMENTS
1. Clear Source Financial Consulting Proposal
2. Professional Services Agreement for Clear Source Financial Consulting.
111 September 13, 2022
CITY OF CALIFORNIA CITY
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of September 13, 2022 by and between the City of California City, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 21000 Hacienda Blvd., California City, California (“City”), and ClearSource Financial Consulting, a California corporation with its principal place of business at 7960 B Soquel Drive, Suite 363, Aptos, CA 95003 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
User and Regulatory Fee Study Project (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Twenty Four Thousand Four Hundred Eighty Dollars ($24,480.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
b. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following 112 September 13, 2022
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).
Consultant shall complete the services required hereunder within the schedule identified in the “Activity Schedule” attached as Exhibit C. The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
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Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and sub-consultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
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(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all sub-consultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall 115 September 13, 2022
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General 116 September 13, 2022
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is 117 September 13, 2022
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Sub-consultant Insurance Requirements. Consultant shall not allow any subcontractors or sub-consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub-consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub-consultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims’) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers.
13. California Labor Code Requirements.
118 September 13, 2022
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all sub-consultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any sub-consultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. [reserved]
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be 119 September 13, 2022
entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Terry Madsen as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of California City
21000 Hacienda Blvd.
California City, CA 93505
Attn: City Manager
CONSULTANT:
ClearSource Financial Consulting.
7960 B Soquel Drive #363
Aptos, CA 95003
Attn: Terry Madsen
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to 120 September 13, 2022
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
121 September 13, 2022
[SIGNATURES ON FOLLOWING PAGE]
122 September 13, 2022
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CALIFORNIA CITY
AND CLEARSOURCE FINANCIAL CONSULTING
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF CALIFORNIA CITY CLEARSOURCE FINANCIAL CONSULTING By: By:
City Manager Its:
Printed Name:
ATTEST:
By:
Socorro Chavez, City Clerk
123 September 13, 2022
EXHIBIT A
Scope of Services
1 | Study Orientation
To commence the study on solid ground, ClearSource will generate common understanding of objectives, known issues that must be addressed by study end, participant roles, expected procedural requirements, schedule and pre-established dates, and data collection and development procedures. Most significantly, this task includes a major upfront effort to examine prevailing fees for known issues and to discuss initial and potential modifications to structures and practices. Subtasks include:
Facilitate project kick-off event(s)
Assess prevailing fees and methods to understand effectiveness of current structures, including perceived cost recovery, perceived equity, alignment of fee categories with the manner in which work is performed, perceived competitiveness in the region, and feasibility or accuracy of billing within current capabilities
Draft initial user/regulatory fee structures, where remodeling is predicted, to direct downstream data development steps 2 | Financial and Labor Time Inputs
Consultants will develop the necessary foundation for subsequent quantitative analysis, focusing this initial work to prepare the body of data that will inform every downstream element of the fee study. To develop financial inputs, consultants will gather and/or prepare and model financial data, including:
Current and historical fee revenues,
Personnel and contractor costs and organization,
Adopted line-item expenditures,
Forecasted periodic outlays, and
Allocated indirect/overhead costs via existing plan.
To develop and test labor time inputs, based on prevailing and future business processes, consultants will gather and develop expressions of time several ways:
Utilize any existing labor time-tracking data,
Conduct interviews to estimate a distribution of annual time across core functions of service, Develop service time questionnaires linked to remodeled fee structures to estimate average or a range of service times for fee-related services,
Apply industry experience to populate under-developed or unavailable time estimates, particularly from prospective changes in workflow resulting from the project, 124 September 13, 2022
Analyze any existing data sets that inform workload/activity/use levels and project profiles for fee-related services, and
Reconcile annual time, service time estimates, and service volumes to test reasonableness of critical assumptions.
3 | Labor Time Valuation
ClearSource will develop fully burdened hourly labor rates in each department/division participating directly in the provision of services associated with a fee under review. Rates will be built to encompass labor costs, non-labor operating costs, departmental and/or divisional administration, central services/general City administration, and periodic investments. Rates will be expressed by function of direct and indirect service within each department/division, where applicable and to enable cost recovery considerations for certain fee categories. Rates may be expressed as composite for the department/division, for the position class, and/or by individual position.
4 | Fee Design
ClearSource will apply the outcomes from Tasks 1 and 2 – an assessment of existing fees and interaction with City staff to understanding current practices and work flow – to ensure cost of service analysis aligns with the fee structures recommended from that work, which may include elements of prevailing fees, recommendations based on prevailing business processes, system capabilities, and relevant market or industry practices applicable to City work flow. Consultants will prepare a working model of a master fee schedule.
5 | Cost of Service Analysis
ClearSource will prepare a cost of service model to join fully burdened hourly labor rates, time estimates associated with current work flow and business processes, and existing or any redesigned fee structures, in order to calculate the full unit cost of service associated with each fee category and layers within them.
The full cost of service informs the maximum fee amount allowed under California framework for establishing user/regulatory fees by City Council action. The full cost of service at the fee-based activity level or the programmatic level is composed of: Direct labor and non-labor costs,
Indirect labor and non-labor costs,
Periodic outlays or investments of direct or indirect benefit, Departmental overhead, and
Citywide overhead.
Analysis will include modeling of activities with under-developed or no fee imposed but where one is warranted and practical to improve the City’s cost recovery from private benefit activities. 125 September 13, 2022
6 | Cost Recovery And Impact Analysis
Consultants will recommend cost recovery targets for fee-based services or work with City staff in developing cost recovery policy to inform final fee amounts, particularly where full cost recovery is deemed undesirable. Development of cost recovery policy and practices will optimize the City’s array of funding sources considering public/private benefits, market sensitivity, compliance and behavior modification, and fiscal constraints.
Consultants will develop a master fee schedule for the City, useful in presenting proposals, as well as communicating fee descriptions, fee amounts, and charge bases to other City departments, who may have responsibility for maintaining Citywide schedules of fees. If desired, the master fee schedule developed can also include a tool for subsequent annual inflationary adjustments to the established fee structures.
Final proposed fee amounts will be applied in the master fee schedule alongside information useful in communicating fees to the public. To the extent existing data systems enable it, revenue estimates based on historical or projected performance will be attempted. Finally, comparison to prior fees will be completed in targeted service categories to assist in explaining impacts of changes.
Consultants will prepare a comparison of fees to other municipalities in targeted service categories as needed, likely by creating profiles for an array of “typical” uses in addition to onefor-one comparisons. Consultants will review associated fee practices, including waivers, deposit amounts, fee/deposit collection practices, and economic incentive practices.
Where needed, consultants will provide recommendations and industry information regarding relevant fee policies and practices which may impact cost recovery, including the use of waivers, any billing and deposit management procedures, and collections issues. 7 | Reporting and Tools
ClearSource will prepare the administrative record for pursuing implementation of revised fees.
This focuses on the draft and final reports of cost of service findings, including assumptions, critical data, and discussion of expected impacts. Analytical detail will be included, as well as executive summary and infographics useful in public presentation and legislative processes.
Consultants will deliver the analytical models used to develop fees in Microsoft Excel format for future update and management, including the working master fee schedule and its publishable version.
For reporting and the delivery of all tools, subtasks include: Deliver formal documentation and tools for the City’s ownership and future use in editable formats (e.g., Microsoft Office suite) and publishable format (PDF)
Draft and final draft report iterations
Presentation/summary materials for communicating proposals Assistance with staff report and public hearing noticing Document the statutory and legal framework and annual and five-year reporting requirements 126 September 13, 2022
Discuss best practices to ensure better collection of the fees Final report, including all background information, methodology, supporting justification, calculations, and administrative processes
Delivery of technical models and work papers
Training event for City staff in annual updates and analytical use of delivered models 8 | Engagement and Approval
ClearSource will facilitate a meaningful level of interaction between consultants, City personnel, and City Councilmembers with the goal of successful approval, implementation, and ongoing maintenance of study proposals. Subtasks include:
Departmental interaction – to develop data and provide interim reviews points by lead service areas.
City leadership interaction – to receive direction on proposals and outcomes prior to pursuit of approval.
City Council engagement – to present the final draft report and receive direction. City Council / public hearing – to adopt the proposed fees contained in the final report. Stakeholder outreach – as needed to facilitate successful implementation of proposals.
ClearSource does not impose a limit on the amount of interaction (i.e., events/meetings) to complete the project within our proposed consulting fee.
ClearSource is proud to be available to its clients as questions and needs arise in the future on the work and sustainability of the project.
127 September 13, 2022
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detained progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. See Attachment. 128 September 13, 2022
EXHIBIT C
Activity Schedule
ClearSource forecasts to deliver final draft reporting for the User and Regulatory Fee Study 120 days from project commencement. These reporting documents will enable final presentation, final edits based on management and/or legislative review and input, and any necessary public procedure thereafter along the City’s timeline and legislative priorities. 129 September 13, 2022
sAN
ClearSource Financial Consulting
7960 B Soquel Drive, Suite 363
Aptos, California 95003
TERRY MADSEN | PRESIDENT
[email protected]
831.288.0608
130 September 13, 2022
September 7, 2022
Attention: Doug Dunford, City Manager
21000 Hacienda Boulevard
California City, California 93505
VIA ELECTRONIC TRANSMISSION
To Mr. Dunford:
Thank you for the opportunity to provide user/regulatory fee consulting to the City of California City.
ClearSource Financial Consulting is well-qualified, available in the City’s current timeframe, and fully resourced to complete the scope of work envisioned by the City. We bring an open mind for change and exhibit the energy to do the heavy lifting it takes for a fresh look on the wide-ranging cost recovery topics. We commit to the City of California City to provide premier service, on time, and within budget:
We routinely demonstrate care
about the details and the rightful
influence of local conditions. We
do the hard work to achieve
modern and meaningful outcomes
that reflect the way our clients
serve their communities today.
We know time is of the essence
in this work: a key determination
of success and satisfaction for
many of our city clients. All project
reporting will be delivered 120
days from commencement,
providing time for a thoughtful
pace of consideration and
approval.
We will finish the defined scope
of services and identified fees
without change orders, which is
our standard practice. We do not
ask our clients to bear the risk in
estimating what it takes to do this
work thoroughly and with the best
conditions for pursuing successful
enactment.
I founded ClearSource Financial Consulting in 2011 to focus on these principles in service solely to California public agencies. As President, I am authorized to negotiate and bind ClearSource contractually. My signature obligates ClearSource to the commitments in this proposal and confirms that it shall remain valid for a period of 90 calendar days from submittal.
Sincerely,
131 September 13, 2022
We introduce the City of California City to
ClearSource Financial Consulting for
performance of its User Fee Study. We look
forward to this opportunity to serve the City’s
leaders, service providers, and constituents.
ClearSource is a privately
owned California-based boutique consulting firm
intentionally sized and structured to emphasize a
highly tailored, high quality study experience for
our public sector clients. ClearSource is staffed by
a four-person team of seasoned individuals with
decades of combined experience in local
government financial analysis. We are particularly
focused on equitable forms of locally controlled
cost recovery within the challenges and
constraints of the ever-evolving California statutory
and legal environment, informed respectfully and
strategically by the voter driven principles
embedded in Propositions 218 and 26.
Our firm is centered on the philosophy and
principles of ClearSource founder and President,
Terry Madsen, who will lead this project from startto-finish. For over 21 years, Terry has provided financial consulting services to local government
agencies. In October 2011, he founded
ClearSource, a firm dedicated to providing local
government agencies with premier financial
consulting, serving with the:
Energy and enthusiasm to dive deep into the
details,
Willingness to do the heavy lifting necessary to
implement modernization and lasting change,
Exclusive staffing on projects of only tenured
professionals able to enact both the science
and art in these studies, and
Commitment to on-time delivery and not-toexceed consulting fees.
ClearSource provides
professional services to California municipal
agencies, consulting on topics focused on
revenue management through cost of servicebased resources. We specialize in conducting the following common areas of study and consultation
on a wide cross-section of governmental services
and funds:
User and regulatory fee studies
Master fee schedule development and
ongoing management
Comparative/market analysis
Cost allocation plans and indirect cost rates
Internal service fund rate studies
Specialty cost of service, cost sharing, and
cost recovery analysis
Our primary focus is on revenue streams linked to
cost of service principles, equity, and localgovernment control. Throughout these areas of expertise, we often work in harmony with
stakeholders to achieve successful
implementation of the necessary solutions.
As with
every study of this type, the successful completion
of this project for the City will require positive,
professional relationships with agency staff,
contract service providers, stakeholders, and
policymakers. ClearSource clientele can attest to
our ability to successfully navigate timing,
competing values, and other challenges that arise
when completing multi-faceted projects.
During his career, Terry Madsen has been
commended repeatedly for his integrity, client
service, dedication, and perseverance. His
treatment of agency staff and respect for the both
the challenges they face and the results they
require to successfully accomplish their goals,
results in working relationships that span multiple
years and varied projects
132 September 13, 2022
ClearSource is a
California-based consulting firm working
exclusively for a diverse array of California-based
public agencies on varied topics within the overall
question of locally controlled cost recovery of
public services. Broad service areas within which
we have performed analysis include:
Community Development: planning, land
development, building and safety, and code
enforcement
Public Safety: fire prevention, fire operations,
emergency medical services, police, animal
control
Public Works: engineering, infrastructure and
operations, and utilities
Community Services: parks, community
spaces, recreation programs, libraries, facility
rentals, special events, and filming
Administration & Governmental: indirect cost
allocation and rates, direct labor rates, internal
service fund rates, business licensing, and
public records
ClearSource has performed consulting services
within the past 24 months comparable to the City
of California City’s scope of work for its
User/Regulatory Fee Study for the sample of
California cities and their specific fee/cost
recovery-based programs listed in Exhibit 1. This
includes identification of trending topics in
California fee design, such as short term vacation
rentals, retail cannabis, electric vehicle charging,
stormwater management and inspections, and
technology enhancement cost recovery.
ClearSource
serves clients of varied size and service profiles
across California, including for the following
agencies:
• Azusa
• Bell Gardens
• Campbell
• Cathedral City
• Costa Mesa
• Elk Grove
• Escalon
• Grover Beach
• Gustine
• Hemet
• Huntington Beach
• Kerman
• La Quinta
• Laguna Woods
• Lake Forest
• Larkspur
• Lawndale
• Lincoln
• Long Beach
• Malibu
• McFarland
• Milpitas
• Monte Sereno
• Moorpark
• Novato
• Oakdale
• Ojai
• Oroville
• Oxnard
• Palos Verdes Estates
• Pinole
• Placentia
• Rancho Mirage
• Roseville
• Santa Ana
• Santa Clara
• San Leandro
• Seal Beach
• Sebastopol
• Shafter
• Solvang
• Taft
• Torrance
• Ventura
• Wasco
• Watsonville
• West Sacramento
• Wheatland
• Woodside
• El Dorado County
• Kern County
• Santa Clara County
• Pleasant Valley PRD
• Rancho Simi PRD
• Sacramento RTD
133 September 13, 2022
134 September 13, 2022
ClearSource submits the following references for our recent service to these California public agencies on cost of service analysis supporting municipal fees and other forms of locally controlled cost recovery.
Original Contract: 2019-20 | Recent Update: 2021
Carol Molina, Finance Director
Phone: 714.754.5036
Email: [email protected]
Full cost allocation plan and user/regulatory fees,
including: building, planning, land development
engineering and encroachment, fire, police,
recreation, facility rentals, City Clerk,
administration, finance, self-haul permitting, and
film permitting
Original Contract: 2019 | Recent Update: 2022
Sunny Rief, Assistant Chief Financial Officer
Phone: 714.536.5907
Email: [email protected]
Full cost allocation plan and Citywide Master Fee
Schedule, including: City Clerk, Finance,
Community Development (planning, building, and
code enforcement), information services, office of
business development, public works (engineering,
operations, and public services), police, fire
(prevention, operations, and marine safety), library,
and community services
Original Contract: 2012 | Most Recent Update: 2022
Greg Morley, Budget Manager (Citywide Contact)
Phone: 805.654.7800
Email: [email protected]
Full cost allocation plan for unbilled Citywide
central services; internal service fund rates for
billed central services including information
technology, fleet maintenance, facilities
maintenance, and risk management; and analysis
and ongoing management of Citywide Master Fee
Schedule for services including planning, land
development, construction, fire prevention, traffic
engineering, water and wastewater utilities,
stormwater quality inspection, parks, recreation
and community partnerships, special events,
treasury, police, and clerk.
Original Contract: 2019 | Recent Update: 2021
Brett Channing, Director of Management Services
Phone: 949.461.3419
Email: [email protected]
Full cost allocation plan, formal User Fee Policy,
and City Master Fee Schedule, including: building,
planning, public works, recreation, community
center, performing arts hall, clubhouse, filming,
electric vehicle charging stations, parking,
administration, finance, and business regulation
Original Contract: 2017-18 | Recent Update: 2021
Sheila Poisson, Finance Director
Phone: 310.618.5854
Email: [email protected]
Indirect cost rates and Citywide Master Fee
Schedule, including: City Clerk, Building & Safety,
Engineering, Planning, Environmental Design &
Protection, Library, Parks & Recreation, Parks
Services, Finance, Fire Prevention & Hazardous
Materials, Airport, Cultural Arts Center, Police,
Animal Control, and Water (Non-Rate)
135 September 13, 2022
In our work with the
City of California City, the Cost of Services Study for User and Regulatory Fees will be led start-to-finish by Terry Madsen. As our Project Manager, he will
conduct all meetings, present all reports, and
oversee development of all analysis and outcomes.
Analytical and strategic support will be provided only
by skillful, senior-level professionals: Jeanette Hahn
and David Schroeder, as described by Exhibit 2.
All services
identified in Scope of Services for the Cost of
Services Study for User and Regulatory Fees will be
completed by ClearSource personnel. We are
entirely qualified and fully resourced to complete the
studies within our existing firm organization. No
services will be subcontracted to other firms, nor will any subconsultants or subcontractors be used to
supplement ClearSource staff and capabilities.
The ClearSource team will be led by Terry Madsen
as our Project Manager and primary contact person
for the City. Terry is highly regarded by his clients.
Please reach the following agency leaders to discuss
their experience working with him:
Stone James, Economic Development Director
Phone: 760.770.0336
Email: [email protected]
Amy Cunningham, Finance Director
Phone: 415.899.8918
Email: [email protected]
Monika Radeva, City Clerk
Phone: 760.777.7035
Email: [email protected]
Derek Tisinger, Division Chief (Fire Dept.)
Phone: 661.330.0218
Email: [email protected]
Phone Terry at 831.288.0608 or
email to [email protected].
50% of Total Project Hours
Terry
Madsen is the President of ClearSource Financial
Consulting. For over 21 years, he has provided
financial consulting services to local government
agencies. In October 2011, Terry founded
ClearSource Financial Consulting, a firm dedicated to
providing local government agencies with premier
financial consulting services. From October 2001 to
October 2011 Terry was employed by a competing
California firm, NBS. Terry’s depth of knowledge
includes numerous service areas including user fee
studies, indirect cost allocation studies, internal
service fund rate studies, water and wastewater rate
studies, and special financing district administration.
During his career, Terry has served the following
diverse sampling of California agencies, among many
others: the Cities of Costa Mesa, Huntington Beach,
La Quinta, Laguna Woods, Larkspur, Long Beach,
Milpitas, Palos Verdes Estates, Rancho Mirage,
Roseville, San Leandro, Santa Ana, Santa Clara,
136 September 13, 2022
Sebastopol, Shafter, Torrance, and Ventura; the
Counties of El Dorado and Kern; and special districts
such as Sacramento Regional Transit and Rancho
Simi Recreation and Parks.
Within the past several years, Terry has supported
cost allocation, cost of service, and user/regulatory
fee studies for the following sampling of California
public agencies:
County of Kern, CA | Project Manager – Fire
prevention fees, fire department indirect cost
rates
City of Lake Forest, CA | Project Manager –
Citywide user and regulatory fees, formal cost
recovery policy, Citywide indirect cost allocation
City of La Quinta, CA | Project Manager –
Citywide user and regulatory fees
City of Long Beach, CA | Project Manager –
Engineering development review fees
City of Roseville, CA | Project Manager –
Citywide user and regulatory fees, internal
service fund rates
City of Ventura, CA | Project Manager – Citywide
user and regulatory fees, Citywide indirect cost
allocation, internal service fund rates
Terry has worked closely with every level of the
public body including property owners, community
organizations, City Council/Board members, special
commissions, agency managers, all members of the
agency finance team, directors of every agency
department, management analysts, and the direct
service staff that are the primary contact points for
members of the community, such as inspectors, plan
reviewers, operators, maintenance personnel, and
records staff.
Terry’s experience in performing fee studies includes
all phases of the work, from project initiation to
completion and presentation of final findings. His
efforts include data gathering, conducting interviews
with agency staff, model development, report
preparation, and presentation and delivery of study
narratives. He has analyzed fees for a
comprehensive array of municipal services, such as
planning, land development, building, fire protection,
code enforcement, community services, parks,
recreation, administration, general governmental,
public infrastructure, utilities, and others.
Terry is a member of the California Society of
Municipal Finance Officers. He received his
undergraduate degree (Cum Laude) from Cal Poly,
San Luis Obispo. He was awarded a Bachelor of
Science in Business Administration with a Finance
Concentration and an Economics Minor. He received
his graduate degree from California State University,
San Bernardino. He was awarded a Master of
Business Administration with an Entrepreneurship
Concentration.
Terry will serve as our Project
Manager, responsible for the performance of all
study elements and fulfillment of our agreement with
the City. He will also be the Principal Consultant for
the studies, directing analysis for our staff, performing targeted analysis, troubleshooting, providing quality
assurance, facilitating onsite and remote interaction
with agency staff and leadership, and representing
our work in any public procedures.
As an intentionally structured small firm that believes our size is integral to the way we provide
personalized and high quality service to our client
communities, ClearSource nonetheless is asked by
agencies about our plans for ensuring continuity of
service if a team member faces personal emergency
disruptive to the project. In fact, this is essential to our business and reputation. In addition to our collegiality and cross-discipline synergy, this is one of the key
reasons our staff is comprised only of seasoned
professionals in this area of expertise.
Our consultants are each two or more decades into
consulting careers rich with successful project
management, direct project performance, and
accomplished public engagement for successful
implementation of outcomes. For this study, in the
unlikely event our Project Manager Terry Madsen
became unable to complete these services, fellow
team member Jeanette Hahn will step into his place,
able to perform at equal level, effectiveness, and
achievement to Terry.
137 September 13, 2022
We introduce the following professionals who will be
assigned the City for specific elements within the
overall project.
9% of Total Project Hours
Jeanette
Hahn is a Senior Consultant for ClearSource Financial
Consulting. She has over 21 years of experience
advising municipal agencies on equitable and
effective costs of service, cost recovery, and
strategic financial planning.
Jeanette has analytical and policy expertise in the
following subject matter:
Cost of service analysis and cost allocation for
cost recovery opportunities, including user fees,
regulatory fees, and contracts/partnerships
Water, wastewater, reclaimed water, and storm
water/drainage utility rates and fees
Development impact fees and capacity charge
nexus analysis/justification
Economic feasibility/decision analysis
Long-range financial planning
Benchmarking
Prior to becoming part of the ClearSource team in
2017, Jeanette succeeded at competing consulting
firms. She was Director of Financial Consulting for
California-based NBS from 2007 to 2011 and served
progressive roles at FCS GROUP from 1997 to 2007,
including California Regional Manager from 2004 to
2007. Jeanette stepped down from these executive
roles in 2011 to balance family needs.
Jeanette has performed over 250 separate
engagements for public agencies of diverse size and
situation throughout the Western United States,
including in California, Washington, Oregon, Idaho,
Nevada, Utah, Montana, and Alaska. She is articulate
and agile when working within the legal framework of
rate and fee-setting across these states, with
particular emphasis on California’s Proposition 218
and the state’s Mitigation Fee Act.
As an accomplished and highly regarded speaker,
Jeanette has earned a reputation for crafting
effective and persuasive messages for attaining
legislative and public approval of financial plans and
accompanying rates and fees. Her skills have been
deployed frequently in municipal work to defuse
contentious or actively contested matters.
Furthermore, she has been repeatedly invited to
present in educational and industry forums, such as
the California Society of Municipal Finance Officers,
League of California Cities, Association of California
Water Agencies, and California Special Districts
Association, among many others.
Within the past several years with ClearSource,
Jeanette has support cost allocation, cost of service,
and user/regulatory fee studies for the following
sampling of California public agencies:
City of Milpitas, CA | Senior Consultant –
Citywide indirect cost allocation plan, Citywide
fully burdened hourly labor rates
County of Kern, CA | Senior Consultant – Fire
department indirect cost rates
City of Santa Clara, CA | Senior Consultant –
Citywide indirect cost allocation plan, parks and
recreation cost recovery public outreach
Rancho Murieta Community Services District, CA
| Senior Consultant – recycled and raw water
rates, indirect cost allocation plan
City of Huntington Beach, CA | Senior Consultant
– Citywide user and regulatory fees, indirect cost
allocation plan
City of Ventura, CA | Senior Consultant –
Citywide indirect cost allocation plan
Jeanette holds a Bachelor of Arts in Economics with
a Public Finance concentration from the University of
Washington, Seattle.
Jeanette will provide senior
level analysis within the User/Regulatory Fee
elements of the overall project, including framework
of quantitative models, strategic positioning in
targeted subjects, and quality assurance/quality
control.
138 September 13, 2022
41% of Total Project Hours
David
Schroeder is a Senior Consultant for ClearSource
Financial Consulting. He has served the public sector
for more than 16 years, focusing on recovery of
municipal service costs, particularly within the varied structures of California special financing districts used by cities, counties, and special purpose districts
across the state.
David’s technical expertise is centered on large-scale
and complex database analysis on multiple platforms,
geographic information systems and science (GIS),
and auditing of records and systems. Project areas in
which David applies these skills for public sector
clients have included:
Special financing district administration,
formation, annexation, auditing, and continuing
disclosure reporting.
Advanced GIS, including design and analysis to
support district formation, annexation,
Proposition 218 procedures, rate studies, and
development impact fee analysis.
Solutions generation for complex issues facing
municipal clients, including fund close-outs,
independent auditing of special financing
districts, design and administration of refund
programs, and data-driven public outreach.
David’s expertise has supported a variety of public
services including: lighting and landscaping, public
safety, public facilities and maintenance services, and other municipal activities spanning general and
special benefit. He is conversant in and has trained
client agencies on GIS, including systems such as
ESRI ArcGIS and the creation and usage of GIS web
applications on the platform.
Within the past several years with ClearSource, David
has support cost allocation, cost of service, and
user/regulatory fee studies for the following sampling
of California public agencies:
City of Santa Ana, CA | Senior Consultant –
Citywide indirect cost rates and charges, internal
service fund rates
City of Lincoln, CA | Senior Consultant – Citywide
user/regulatory fees, indirect cost allocation
City of Placentia, CA | Senior Consultant –
Citywide user/regulatory fees, indirect cost
allocation
City of Solvang, CA | Senior Consultant –
Citywide user/regulatory fees, indirect cost
allocation
City of Hemet, CA | Senior Consultant – Citywide
user/regulatory fees, indirect cost allocation
City of Seal Beach, CA | Senior Consultant –
Citywide user/regulatory fees, indirect cost
allocation, budget analysis of labor allocations
David earned a Bachelor of Science in Business
Administration, concentrating in Accounting
Information Systems, from California State University
San Bernardino. He is also certified from the
University of West Florida’s Graduate Geographic
Information Science program.
David will provide large scale
data analysis, financial modeling, and research in
support of analytical tasks in the User/Regulatory Fee
elements of the overall project.
139 September 13, 2022
The City of California City is initiating a Cost of
Services Study for User and Regulatory Fees.
ClearSource understands this type of project is
expected to deliver an updated Master Fee
Schedule for Citywide services linked to
underlying cost of service consistent with
California statutory obligations.
This type of study is focused on the ethic of “the
costs to serve” as the essential justification for fees in California to be enacted through action by the
local governing body. Broadly speaking, the cost
of service-based fee study answers:
What are the costs of indirect services
supporting service provision to the community
which may be reasonably recovered across
various available mechanisms, including fees
and other charges? (This is the chief purpose
of the Cost Allocation Plan component of
study.)
What are the full costs of direct services
provided to the community, which currently
have or may be eligible for a user or regulatory
fee?
What are the cost recovery targets or policies
of the agency as to the amounts that should
be paid for those who request or cause these
services?
What structure of fee ensures a reasonable
relationship between a fee amount paid and
the underlying costs to serve?
What is the impact to the source funds of
changes to user/regulatory fees?
It is expected that the fee-related services under
review in this study will focus on direct services
eligible for user fee methodology, as well as
identification during this study of any relevant
additions for services performed without a fee or
for under-quantified or ineffectively structured
fees. Within the participating departments, this can
encompass activities that generally may include:
Regulatory activities, such as review, approval,
and inspection of land development,
construction/building, and improvements to
infrastructure, and other areas of code review,
compliance, and enforcement
Permitting, such as special events and use of
public facilities, infrastructure, and services
Facility rentals and use of public spaces
Program participation
Operations and services of individual
benefit/request or in response to individual
action
Licensing, billing, records management, and
administrative service
Hourly rates for direct-billing City staff time
Based on ClearSource’s review of the City’s
prevailing Schedule of Fees and Charges, we
expect the broad fee categories to be included in
this study will include:
Administrative Services
Planning
Building and Safety
Public Works Department
Utilities (non-rate)
Recreation
Police
Animal Control
Cannabis
Item’s NOT anticipated to be studied include
Airport
Dial-A-Ride
Golf Services
OHV Department
Utilities (rates and impact fees)
Administration
140 September 13, 2022
ClearSource presents the following step-by-step
work plan to complete the Cost of Services Study
for User and Regulatory Fees.
ClearSource will generate common understanding
of objectives, known issues that must be
addressed by study end, participant roles,
expected procedural requirements, schedule and
pre-established dates, and data collection and
development processes. Most significantly, we will
examine prevailing fees for known issues and to
discuss initial and potential modifications to fee
structures, practices, and policies. We will assess
prevailing fees and methods to understand
effectiveness of current structures, including
perceived cost recovery, perceived equity,
alignment of fee categories with the manner in
which work is performed, perceived
competitiveness in the region, and feasibility or
accuracy of billing within current capabilities. We
will draft initial user/regulatory fee structures,
where remodeling is predicted, to direct downstream data development steps.
ClearSource will conduct a meeting with the City
project management team and meeting(s) with
individual direct service departments overseeing
fee categories under review.
ClearSource will develop the necessary
foundation for subsequent quantitative analysis,
with focus on preparing the body of data that will
inform every downstream element of the fee study.
To develop financial inputs, we will gather and
model financial data including: current and
historical fee revenues, personnel and contractor
costs and organization, adopted line-item
expenditures, forecasted periodic outlays, and
allocated indirect costs via new or existing plan. To
develop and test labor time inputs, based on
prevailing and future business processes, we will
gather and develop expressions of time by
utilizing any existing labor time-tracking data;
conducting interviews to estimate a distribution of
annual time across core functions of service;
developing service time questionnaires linked to
remodeled fee structures to estimate average or
range of service times for fee-based services;
applying industry experience to populate underdeveloped or unavailable time estimates; analyzing any existing data sets that inform
workload/activity/use levels and project profiles;
and reconciling annual time, service time
estimates, and service volumes to test
reasonableness of critical assumptions.
ClearSource will conduct meetings with individual
direct service departments to develop critical
inputs.
ClearSource will develop fully burdened hourly
labor rates in each department/division
participating directly in the provision of services
associated with a fee under review. Rates will be
built to encompass labor costs, non-labor
operating costs, departmental and/or divisional
administration, Citywide central services/general
administration, and periodic investments. Rates will
be expressed by function of direct and indirect
service within each department/division, where
applicable and to enable cost recovery
considerations for certain fee categories. Rates
may be expressed as composite for the
department/division, for the position class, and/or
by individual position.
ClearSource will apply the outcomes from Tasks 1
and 2 – an assessment of existing fees and
interaction with City staff to understanding current
practices and work flow – to ensure cost of service
analysis aligns with the fee structures
recommended from that work, which may include
elements of prevailing fees, recommendations
141 September 13, 2022
based on prevailing business processes, system
capabilities, and relevant market or industry
practices applicable to City work flow. We will
prepare a working model of a master fee schedule
to guide subsequent analysis.
ClearSource will prepare a cost of service model
to join fully burdened hourly labor rates, time
estimates associated with current work flow and
business processes, and existing or any
redesigned fee structures, in order to calculate the
full unit cost of service associated with each fee
category and layers within them. The full cost of
service informs the maximum fee amount allowed
under California framework for establishing
user/regulatory fees by City Council action. The full
cost of service at the fee or programmatic level is
composed of direct labor and non-labor costs,
indirect labor and non-labor costs, periodic outlays
of direct or indirect benefit, departmental
overhead, and Citywide overhead. Analysis will
include modeling of activities with underdeveloped or no fee imposed but where one is warranted and practical to improve the City’s cost
recovery from private benefit activities.
ClearSource will recommend cost recovery targets
for fee-based services or work with City staff in
developing cost recovery policy to inform final fee
amounts, particularly where full cost recovery is
deemed unfeasible. Development of cost recovery
policy and practices will optimize the City’s array of
funding sources considering public/private
benefits, market sensitivity, compliance and
behavior modification, and fiscal constraints. We
will review and recommend where warranted
associated fee practices, including waivers,
discounts, deposit amounts, fee/deposit collection
practices, and economic incentive practices.
ClearSource will develop a publishable master fee
schedule for the City, useful in presenting
proposals, as well as communicating fee
descriptions, fee amounts, and charge bases to
the public and to other City departments, who may
have responsibility for maintaining Citywide
schedules of fees. The master fee schedule
developed can also include a tool for subsequent
annual inflationary adjustments to the established
fee structures between comprehensive cost of
service studies. To the extent existing data
systems enable it, revenue estimates from
proposed fees based on historical or projected
performance will be attempted, and we will
compare prior fees in targeted service categories
to assist in explaining impacts of notable changes.
ClearSource will prepare a comparison of fees to
other municipalities in targeted service categories
as needed, likely by creating profiles for an array
of “typical” uses in addition to one-for-one
comparisons.
ClearSource will prepare the administrative record
for pursuing implementation of revised fees. This
focuses on the draft and final reports of cost of
service findings, including assumptions, critical
data, and discussion of expected impacts.
Analytical detail will be included, as well as
executive summary and infographics useful in
public presentation and legislative processes. We
will deliver the editable analytical models used to
develop fees, including the detailed working
master fee schedule and its streamlined, userfriendly publishable version. ClearSource will also provide presentation/summary materials for
communicating proposals and assistance with both
the staff report and public hearing noticing.
ClearSource will deliver the Citywide Master Fee
Schedule; Microsoft Excel-based and editable
analytical models to calculate cost of service
based fees; comprehensive report identifying
detailed full costs of service (direct and indirect),
current and recommended cost recovery, revenue
impacts of recommended fees, and comparison of
fees to other cities; and the report in bound paper
copies and digital file.
142 September 13, 2022
Throughout the study and at its concluding stages,
ClearSource will facilitate a meaningful level of
interaction between consultants, City personnel,
and City Councilmembers or other City
committee(s) to ensure applicable and sustainable
outcomes and wide understanding of impacts.
ClearSource will conduct meetings with the City
project management team; meetings with
individual direct service departments with fees
under review, meeting with any applicable
stakeholders; meetings with City Council and/or
other City commission or committee); and public
hearing(s).
ClearSource imposes no limit on the number of
events necessary to complete this defined Scope
of Services.
ClearSource forecasts to deliver draft reporting
for the project 120 days from project
commencement. These reporting documents will
enable final presentation, final edits based on
legislative review, and any necessary public
procedure thereafter along the City’s timeline and
legislative priorities. Exhibit 3 illustrates a timeline for consulting task completion.
It is expected that the City intends to conduct this
study in a timeframe that will enable outcomes to
inform the City’s Fiscal Year 2023-24 budget
development process, with user and regulatory
fees able to become effective by July 1, 2023, if
not earlier.
Project Element and Major Task 30 Days 60 Days 90 Days 120 Days Approval
Process at
City's
Timing
User and Regulatory Fee Study
1 | Study Orientation
2 | Financial and Labor Time Inputs
3 | Labor Time Valuation
4 | Fee Design
5 | Cost of Service Analysis
6 | Cost Recovery and Impact Analysis
7 | Reporting and Tools
8 | Review and Engagement
Estimated 2022-23 Calendar Timing November December January February > February Engagement event (actual timing to be determined at task commencement) Delivery of final draft report, ready for any legislative approval procedures and public review 143 September 13, 2022
ClearSource has developed
the work plan and schedule described in the
previous Scope of Services section of this
proposal, designed to deliver a successful Cost
of Services Study for User/Regulatory Fees to
the City of California City. To complete the
overall project, including optional tasks,
ClearSource proposes a total maximum cost
for this contract at $24,480.
The
maximum consulting fee presented here is
based on ClearSource’s industry experience in
comparable cities across California. Our
proposal ensures that all fees and charges
identified in the Scope of Services and eligible
for the prescribed methodologies can be
analyzed without shortcuts or explanations for
non-analysis and that the process is carried
through to successful implementation of
recommendations.
Exhibit 4 at the end of this document illustrates
the detail behind our presented maximum price
for the study. This includes our estimated
consultant labor time paired with hourly billing
rates by task in the ClearSource Work Plan.
The proposed
consulting fee presented is based on assumed
time to complete the Scope of Services paired
with hourly billing rates for ClearSource
consultants.
The schedule of hourly billing rates for all
positions contemplated in this project is as
follows:
Rates fixed through June 30, 2023:
- Project Manager: $180 per hour
- Principal Consultant: $180 per hour
- Senior Consultant: $180 per hour
ClearSource does not
bill clients for ordinary direct expenses, such as
travel and document production. All costs
incurred by ClearSource to complete the City’s
project as currently scoped are embedded in
our professional rates. The City’s project does
not contemplate and include extraordinary
expenses, such as mailing or polling, as part of
the consultant’s required deliverables; therefore,
no cost above the billed time of our
professionals is proposed in our consulting fee.
Should the City seek an amendment to the
contract to add consulting services it did not
contemplate in its original scope of services as
of this submittal date, ClearSource will estimate
an additional consulting fee using the
professional rates listed above.
ClearSource will issue monthly progress reports
to the City. Accompanying monthly invoices will
be based on progress recorded to the project
following the major tasks described in the Work
Plan. We will not invoice for tasks not yet
completed, and we will not submit a final invoice
for the study until work is completed. Total
invoices issued over the course the study will
not exceed the maximum price presented here.
144 September 13, 2022
Principal
Cons.
Senior
Cons.
Senior
Cons.
Madsen Hahn Schroeder
Professional Hourly Rates: $180 $180 $180
User and Regulatory Fee Study
1 | Study Orientation 2 0 2 4 $ 720
2 | Financial and Labor Time Inputs 6 2 12 20 3,600$
3 | Labor Time Valuation 4 2 8 14 2,520$
4 | Fee Design 12 2 6 20 3,600$
5 | Cost of Service Analysis 16 4 8 28 5,040$
6 | Cost Recovery and Impact Analysis 6 2 8 16 2,880$
7 | Reporting and Tools 6 0 8 14 2,520$
8 | Review and Engagement 16 0 4 20 3,600$
Subtotal Fee for Single Element 68 12 56 136 24,480$
Grand Total Not to Exceed Fee 68 12 56 136 24,480$
Total Project
Project Element and Major Task
ClearSource Labor
Professional
Labor
Consulting
Fee
145 September 13, 2022