Agenda packet — California City City Council, September 12, 2023

Kelly Kulikoff
Mayor
Ronald Smith
Mayor Pro Tem
Jim Creighton
Councilmember
Karen Macedonio
Councilmember
Michael Kulikoff
Councilmember AGENDA

CITY OF CALIFORNIA CITY

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY

REGULAR MEETING
TUESDAY SEPTEMBER 12TH, 2023
CLOSED SESSION @ 4:00PM
REGULAR MEETING @ 5:00PM

COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the Deputy City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-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:

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2.Meeting ID: 836 1605 2757

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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 12, 2023
** At this time, please take a moment to turn off your cell phones ** CLOSED SESSION @ 4:00 PM

CALL TO ORDER

ROLL CALL
Councilmembers: Kulikoff, Creighton, Macedonio, Mayor Pro Tem Smith, Mayor Kulikoff

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.

CLOSED SESSION
CS 1. Conference with Legal Counsel- Potential Litigation Paragraph (2) of subdivision (d) of Section 54956.9: Personnel Matter CS 2. Conference with Legal Counsel- Potential Litigation Paragraph (2) of subdivision (d) of Section 54956.9: Public Record Request

REPORT OUT OF CLOSED SESSION
REGULAR MEETING @ 5:00 PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE/INVOCATION

ROLL CALL
Councilmembers: Kulikoff, Creighton, Macedonio, Mayor Pro Tem Smith, Mayor Kulikoff

DEPARTMENTAL REPORTS
• City Clerk
• Housing
• OHV
• Parks and Recreation
• Planning

CITY CLERK REPORTS/LATE COMMUNICATIONS

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS

PUBLIC BUSINESS FROM THE FLOOR
This portion of the meeting is reserved for the public to address the City Council on any matter not on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes.

The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
2 September 12, 2023

CONSENT CALENDAR

WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES
Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.

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 Minutes for Special Meeting on September 05, 2023 – by City Clerk, Socorro Chavez
CC 2. Accept the bid as submitted by R.C. Becker and Son Inc., for the Catalpa Ave Rehabilitation Project between 87th St and 94th St, SB1 Funded project in the amount of $500.414.14; and authorized the City Manager to execute the construction agreement. – by Acting City Manager, Joe D. Barragan
CC 3. Approve a resolution to cooperate with the County of Kern for CDBG Grants, and an agreement for Community Development. - by Acting City Manager, Joe D. Barragan CC 4. Approve Central Park Lights - by Acting City Manager, Joe D. Barragan CC 5. Approve Excess Property – by Fire Chief, Jeremy Kosick CC 6. Approve of Reimbursement Agreement for Services Between IWVGA, BHT, and the City of California City – by Acting City Manager, Joe Barragan

CITY MANAGER REPORT
CM 1. Oral Report

PUBLIC HEARING

PUBLIC HEARING PROCEDURE
A. Mayor read the item
B. Mayor declare the Public Hearing open
C. Hear staff report
D. Council questions only
E. Ask city clerk to report on any communication(s)
F. Mayor call for public testimony
G. Close Public Hearing by motion
H. Council discussion
I. Council motion and vote
PH 1. Amended Update to the Master Fee Schedule – by Acting City Manager, Joe Barragan Recommendation:

Staff recommends the City Council approve the requested change to the Revised DRAFT of the updated Master Fee Schedule.

CONTINUED BUSINESS
CB 1. Housing Element Professional Services Agreement – by Acting City Manager, Joe Barragan
Recommendation:

Staff recommends for the Acting City Manager to enter into an agreement with PlaceWorks to prepare the 2023-2031 Housing Element for the City of California City.

3 September 12, 2023
CB 2. Closed Session Compliance – by Mayor, Kelly Kulikoff Recommendation:

As per City Council direction.

CB 3. Reconsider Approval of Microbusinesses – by Mayor, Kelly Kulikoff Recommendation:

As per City Council direction.

NEW BUSINESS
NB 1. Water Heater Repairs (Desert Jade Villas) – by Housing Manager, Nicole Jarmon-Simmons Recommendation:

To approve the bid order by KJI Plumbing, vendor does have the required DIR registrations.

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. Socorro Chavez, City Clerk. 4 September 12, 2023

COUNCIL AGENDA ITEM
September 12, 2023
PREPARED BY: Socorro Chavez, City Clerk
SUBJECT: City Clerk Department Report (July 22, 2023 – August 22, 2023) Upcoming Information:

Please visit the City Website for Upcoming Committee Vacancies and more. https://www.californiacity-ca.gov/CC/
2023 July Monthly Report: Completed: Received: Pending:

Business License / Cannabis Permits 22 15 7
Public Record Request: 17 10 7
Agendas: 4 4 0
Special Event, etc. Permits: 5 2 2
Calls: Varies 224
Emails: 400 173
Counter Traffic: Varies 240
Research/ On Going Projects:
• City Clerk Cannabis Procedures
• Committee Vacancies
• Elections
• Claim Process
• New Coming Businesses
5 September 12, 2023
DR

COUNCIL AGENDA ITEM
September 12, 2023
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager

SUBJECT: Desert Jade & Legends Housing

BACKGROUND/ DISCUSSION
Desert Jade
Currently have 91 apartments filled.
5 are awaiting rehab
Waitlist currently 86 applicants
65% of tenant’s leases has been renewed.
10% of tenant’s inspections has been done.

Pt Maintenance worker has not been filled.

Legends
Currently have 5 apartments and 5 houses filled, 2 vacant.

Waitlist is combined with Desert Jade.
6 September 12, 2023

ITEM NO.

DEPARTMENT REPORT

COUNCIL AGENDA ITEM
September 2023
PREPARED BY: Inge Elmes, OHV Manager

SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
Labor Day Holiday Weekend had a small influx of OHV riders as weather was still hot. There was a total of 29 visible RV groups. Next holiday will be Columbus Day Weekend which historically brings out a larger number of OHV enthusiasts.

Operations
Staff is preparing for the season with maintaining grounds and riding areas. Hours of operation for Borax Bill Park Visitor Station are Thursday 7am-5pm, Friday 10am-6pm, and Saturday and Sunday 7am-5pm.

Manager Updates
The OHMVR Division Grant cycle begins on September 1, 2023. A total of 4 grants were on the Intent to Award list for the City of California City. Final awards will be posted this month.

Finance Report
For the month of August, OHV sales totaled $1,929. 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 the 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.
7 September 12, 2023
8 September 12, 2023

CITY COUNCIL
DATE: September 12, 2023
TO: City Council
FROM: Recreation Supervisor – Theresa Oaks
SUBJECT: Department Report for the Month of August
______________________________________________________________________ Events
Staff, in cooperation with PD has begun working on National Night Out planning, which will be held October 3, from 5-8pm. Staff as begun planning for the Holiday Village Event; the theme will be “Polar Express”, and the event will be held the first weekend of December.

Operations
During the month of August, our staff have been focused on planning the upcoming events as well as running summer camp and other existing programs.

The adult walking club is continuing but there has been a drop in attendance. The Strata Center also continues to be open to basketball practice, game room activities and open gym.

The maintenance staff have done an amazing job at cleaning up, making repairs, painting, and a special thanks to Rene, Rafael, and Poli for their weed clean up around the art center.

Staff have also been working on RFPs for the splash pad, as well as for the skate park. The Balsitis Playground and Basketball court project has been open to bids, and the bids will be open this week.

Staff are also looking at upcoming CDBG grant projects that could include new equipment at the pocket park on the corner of Desert Breeze and Sundowner.

Staff will be paying extra attention to the Balsitis playground in the coming month as landscaping is in serious need.
9 September 12, 2023
Staff are also currently looking for volunteers to help with planning and implementation of the holiday Village and parade. Without community involvement and support there is a risk of losing these time-honored traditions.

Adult Walking Club –Tues, Wed, Fri - 11:00-12:00
Open Gym – Tues, Thurs, Fri, 1:00-4:00, 6:00-7:00, Wed, 1:00-8:00 WGN Basketball Practice Tues, Thurs, and Fri - 4:00-6:00 Future Programming
Staff are looking forward to martial arts classes every other Friday in the art center, as well as starting a drama club. Adult aerobics is coming back, and staff are also working with a contract teacher to begin teaching Zumba at the Strata. 10 September 12, 2023

PLANNING DEPARTMENT REPORT

CITY COUNCIL MEETING
September 12, 2023
FROM: PLANNING DEPERTMENT
SUBJECT: MONTHLY PLANNING DEPARTMENTAL REPORT
Staff
Consultant Planner Anu Doravari
Planning Admin (Lilia “Liz” Garcia)
Projects/Applications
This report includes the following items:

A. Overview of projects currently under staff review
B. Staff Development Review Meetings/Meetings with Clients C. Planning Department financial status August 2023
A. Overview of projects
K-Pack SPR 22-06
Staff has completed project review and sent Notice of Exemption and CEQA documents for State’s comments on August 1, 2023. Director’s hearing is scheduled on Sept 11, 2023 to approve the project to submit grading and building plans for review.

Verizon Cell Tower CUP – 23-05
Staff has completed review of a conditional use permit for a cell phone tower to be constructed and maintained by the applicant ‘Verizon Wireless’. Staff development review is scheduled next week and the project will be presented at the Planning commission meeting on 19th September 2023.

Attil Farms SPR 18-17
Staff has arranged to meet with Department of Cannabis Control on Tuesday 12th September regarding a CEQA addendum prepared for this project. The addendum will be discussed with DCC to understand if it adequately addresses the questions posed by the agency. Once an understanding is reached, the addendum will be adopted at the next Planning commission meeting.

SPR 23-08, SPR 23-09
Staff is in the process of reviewing the IS/MND submitted by the applicant. Site plan document was received and sent for inter-departmental review. Upon review of these documents, CEQA document will be submitted for State review.

SPR 23-39
Staff is in the process of reviewing the IS/MND submitted by the applicant. Site plan is under preparation by the applicant. Upon submission of these documents, the document will be submitted to City departments for review. Subsequently submitted to the State for CEQA review. 11 September 12, 2023
B. Development Review Meetings
Staff scheduled 1 Site Development Review (SDR) meeting in the month of August – September (1st week) 2023.

1. Verizon CUP
Client Meetings
KUDU/Avantus Solar Project
Staff has conducted 2 meetings with Avantus representatives to understand and address several issues with the project. Change is ownership on the project requires discussion regarding conditions, dedications for the project and meetings were organized to resolve these issues.
12 September 12, 2023
C. Planning Department financial status August 2023
---------------------THANK YOU ---------------------
13 September 12, 2023

CITY OF CALIFORNIA CITY

CITY COUNCIL
TUESDAY SEPTEMBER 05, 2023

MEETING MINUTES
CLOSED SESSION @ 3:00 PM
21000 Hacienda Blvd., California City, CA 93505
CLOSED SESSION 3:00 PM

CALL TO ORDER
Mayor Kulikoff called the meeting to order at 3:00 PM.

ROLL CALL
City Clerk Chavez called roll:

Present: Councilmember Kulikoff, Councilmember Creighton, Councilmember Macedonio, Mayor Pro Tem Smith, Mayor Kulikoff

Absent: None

PLEDGE OF ALLEGIANCE/INVOCATION
Pledge of allegiance by: Mayor Kulikoff
Invocation by: Mark Goodell, Desert Song Four Square Church

ADOPTION AGENDA
Motion by: Councilmember Creighton 2nd by: Mayor Pro Tem Smith VOTE: 4 Yes 0 Nays 0 Abstain 1 Absent Motion Carried

PUBLIC COMMENTS

1. Shawn Bradley

2. Tami Johnson

3. Jeanie O’Laughlin

4. Sarah Lynn

5. Patti Orr, Mojave Desert News

6. Amanda Adoff

7. Al Hutson

8. Bowen

9. Theresa Martin

10. Marcus Fair

11. Rob Troutman

12. Nicole

13. Jane Writing

CLOSED SESSION
CS 1. Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator City Representative: Victor Pronto, City Attorney
Unrepresented Employee: City Manager
CS 2. Pursuant to Government Code Section 54957 – Dismissal/Release CC 1.
14 September 12, 2023
Title: City Manager
CS 3. Pursuant to Government Code Section 54957 – Public Employment/ Public Employee Appointment
Title: City Manager

REPORT OUT OF CLOSED SESSION
City Attorney Victor Ponto reported out of closed session.

CS 1. – Counsel was given and advise was provided
CS 2. – Voted (3-0-2) Relieving Ms. Elmes from Acting City Manager Duties (Yes – Councilmember Creighton, Councilmember Macedonio, Mayor Kulikoff) (No – Councilmember Kulikoff, Mayor Pro Tem Smith)
Appreciate Ms. Elmes for providing the level of service during her time as Acting City Manager.

CS 3. – Voted (4-0-0) Fill the Acting City Manger Position (Yes – Councilmember Creighton, Councilmember Macedonio, Councilmember Kulikoff, Mayor Kulikoff)
(Absent- Councilmember Macedonio having to leave during this time due to a conflict of having to attend another meeting)
No other further reportable action.

Mayor Pro Tem Smith speaks on the level of appreciation the council has with Ms. Elmes for Acting as our City Manager for the past 6 months.

Ms. Elmes also gives gratitude.

ADJOURNMENT
Motion to Adjourn by: Councilmember Kulikoff 2nd by: Councilmember Creighton PASSED, APPROVED, AND ADOPTED this 12th day of September 2023. ______________________________
Kelly Kulikoff, Mayor
ATTEST:
_______________________________
Socorro Chavez, City Clerk
15 September 12, 2023

CITY COUNCIL
Consent Agenda Item:

September 12, 2023
TO: Mayor and City Council
FROM: Joe D. Barragan, Public Works Director
SUBJECT: Accept the bid as submitted by R.C. Becker and Son Inc., for the Catalpa Ave Rehabilitation Project between 87th St and 94th St, SB1 Funded project in the amount of $500.414.14; and authorized the City Manager to execute the construction agreement.
………………………………………………………………………………………………
Background:

Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide.

The funding from SB1 will help the City of California City maintain and rehabilitate the network of local roads infrastructure. Catalpa Ave. between 87th St to 94th St, was the priority for this Fiscal Year 2022- 2023.

Back on June 13, 2023, the City Council authorized to advertise the project for construction bids.

On August 23, 2023, at 2:00 PM. the City Clerk received, and opened six (6) sealed bids for this project.

The following is the tabulation of the bids:

Bidder Total Bid
R.C. Becker and Son, Inc. $500,414.14
Burtch Construction $532,027.00
Bowman Asphalt $549,842.00
Griffith Company $577,039.25
Granite Construction $624,621.10
Nagle Earthworks $699,371.82
Attached is the Bid Summary.

The Project Engineer (BHT Engineering, Inc.) has reviewed and qualified the lowest responsible bidder, R.C. Becker and Son, Inc. The City is allowing thirty working days for the contractor to complete the project.

Recommendation:

Motion to accept the lowest responsible bid, award the project and to execute a construction agreement with R.C. Becker and Son, Inc. in the amount of $500,414.14 for the Catalpa Ave. rehabilitation from 87th Street to 94th Street project and authorize the City Manager to execute the construction agreement.

CC 2.
16 September 12, 2023
Together with the award of the Construction contract staff will utilize an additional $60,050.00 to execute a task order with BHT Engineering, Inc. to provide Construction Management/Observation to further guarantee that the City and its residents receive a quality product acceptable in quality, nature, and construction method. BHT will supply continuous inspection and provide Materials Sampling and Testing as required by the City’s Quality Assurance Program (QAP), which is a program that will ensure the materials and workmanship incorporated into each construction project conform to the requirements of the contract plans and specifications.

Fiscal impact:

Costs: Bid Construction Total: $ 500,414.14
Contingency: $ 50,041.41
Construction Management and Materials
Sampling & Testing: $ 60,050.00
Total Construction Estimated Cost: $ 610,505.55
Funding: State Match - (SB1)
Road Maintenance and Rehabilitation
Account (RMRA) available funds:
$ 825,870.23
Local Match: $ 0
Environmental action: Notice of Exemption in progress
Attachments: Bid Summary
Site Map
Construction Agreement
17 September 12, 2023

CITY COUNCIL
Consent Agenda Item:

Back on June 13, 2023, the City Council authorized to advertise the project for construction bids.

On August 23, 2023, at 2:00 PM. the City Clerk received, and opened six (6) sealed bids for this project.

The following is the tabulation of the bids:

Recommendation:

Additionally, Staff recommends the approval in the amount of $50,041, Ten percent (10%), for Construction Contingencies crucial to the successful completion of the project. Said funds are a not to exceed amount without future authorization from Council. These funds are for unforeseen work that may arise during the construction process which was unforeseen at the time of bidding. 18 September 12, 2023
Together with the award of the Construction contract staff will utilize an additional $60,050.00 to execute a task order with BHT Engineering, Inc. to provide Construction Management/Observation to further guarantee that the City and its residents receive a quality product acceptable in quality, nature, and construction method. BHT will supply continuous inspection and provide Materials Sampling and Testing as required by the City’s Quality Assurance Program (QAP), which is a program that will ensure the materials and workmanship incorporated into each construction project conform to the requirements of the contract plans and specifications.

Fiscal impact:

11.7°E
4/20/2022
Map - April 20, 2022 8:48 PM
California City, CA
-117.974 -117.972 -117.970 -117.968 -117.966 -117.964 -117.962 -117.960 -117.974 -117.972 -117.970 -117.968 -117.966 -117.964 -117.962 -117.960

35.126 35.124 35.122

0.1 0 0 0 0 0 0.1 0.2 MILES 0.3
200 0 0 200 METERS 400
Scale 1: 10482 Datum WGS84
20 September 12, 2023
SB 1 FUNDED PROJECT 1

CITY OF CALIFORNIA CITY

CONSTRUCTION CONTRACT

CATALPA AVE REHABILITATION
between 87th St and 94th St
SB1 Funded Project

1. PARTIES AND DATE.

This Contract is made and entered into this 12th day of September 2023 by and between the City of California City, a public agency and public corporation of the State of California (“City”) and R.C. Becker and Son a corporation with its principal place of business at 28355 Kelly Johnson Pkwy, Santa Clarita, California 91355 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing _Road/Pedestrian Facilities Reconstruction__ related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: General Engineering Contractor license Class A.

2.3 Project. City desires to engage Contractor to render such services for the CATALPA AVE REHABILITATION between 87th St and 94th St ) Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications, and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 Plans and Specifications (Exhibit “B”)
 Special Conditions (Exhibit “C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)
 Federal Requirements (Exhibit “G”)
 Addenda
21 September 12, 2023
SB 1 FUNDED PROJECT 2
 Change Orders executed by the City
 2018 Edition of the Standard Specifications of the State of California, Department of Transportation “Caltrans.
 Notice Inviting Bids, if any
 Instructions to Bidders, if any
 Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to complete the Project fully and adequately, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such a change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes, and articles. The contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process, or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process, or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall 22 September 12, 2023
SB 1 FUNDED PROJECT 3
include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process, or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 30 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.

Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Seven Hundred and Fifty Dollars ($750.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations 23 September 12, 2023
SB 1 FUNDED PROJECT 4
respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Five Hundred Thousand Four Hundred Fourteen and 14/100 Dollars ($500,414.14) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) 24 September 12, 2023
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erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
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3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance 26 September 12, 2023
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requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify, and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
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3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Consultant further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract 28 September 12, 2023
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Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for 29 September 12, 2023
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violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16-point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
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(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and 31 September 12, 2023
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the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. 32 September 12, 2023
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3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized 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 Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
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3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents, and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.
(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Agreement including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors to obtain and maintain, with insurers of recognized responsibility authorized to do business in the California as admitted carriers having a rating not lower than “A” as rated by A.M. Best Company, Inc. or other independent rating companies, the following insurance which shall include the minimum coverages and limits set forth below:
(i) Commercial General Liability Insurance Commercial general liability insurance on an “occurrence” basis arising out of claims for bodily injury (including death) and property damage, as will protect the Contractor, which may arise out of or result from the Contractor’s operations under the Agreement and for which the Contractor legally liable, whether such operations are by the Contractor, by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall protect the Contractor and Owner against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the performance of this Agreement, and (2) on account of injury to or destruction of property, including the resultant loss of use of the Project or other Owner facilities or equipment, resulting from acts of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Agreement. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld and shall be in amounts not less than Two Million Dollars ($2,000,000) general aggregate, Two Million Dollars ($2,000,000) personal and advertising injury aggregate, with a per occurrence limit of One Million Dollars ($1,000,000) (total limits required may be satisfied with an excess or umbrella policy).

The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multiple insurers. The aggregate limit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by Owner or other Persons identified in this Agreement will be excess only and will not contribute with this insurance. (ii) Automobile Liability. Automobile liability insurance, for Contractor’s liability arising out of claims for bodily injury and property damage covering all owned (if any), non-owned, leased, hired or borrowed automobiles of Contractor, including loading and unloading, with a minimum limit of not less than $1,000,000 per accident for combined bodily injury and property damage and 34 September 12, 2023
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containing appropriate no-fault insurance provisions or other endorsements in accordance with Applicable Law;
(iii) Worker’s Compensation Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the Owner for all persons whom they may employ in carrying out the work contemplated under this Agreement in accordance with the Workers’ Compensation Laws of the State of California. If the Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to employ prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the Owner immediately upon employment. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self-Insurance satisfactory to the Owner. (iv) Employer’s Liability Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance with an insurance carrier reasonably satisfactory to the Owner. During the course of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the Owner. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of SelfInsurance reasonably satisfactory to the Owner. (v) Errors and Omissions Insurance Errors and omissions insurance on a claims made basis with limits of at least One Million Dollars ($1,000,000) with a deductible or self-insured retention in an amount not to exceed the sum of One Hundred Thousand Dollars ($100,000), and Contractor will maintain such coverage for a period of five (5) years following the Final Completion Date.
(vi) Builder’s All-Risk Contractor agrees to obtain and maintain Builder’s Risk/Courseof-Construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld. This insurance shall insure against all risks, including but not limited to the following perils: vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the Owner’s costs and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall include the Owner, the Owner’s designated representative, and any other person or entity with an insurable interest in the Work as an additional named insured.
(vii) Other Insurance Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld. (b) Consultants If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of work, and Contractor shall include such provisions in its contracts with them. If any policy carried by any of the Consultants offers 50% or less of the limits required of the Contractor hereunder for an analogous policy, the Contractor shall notify the Owner of the proposed coverage to be carried by such Consultant, and the Owner shall have the right in its reasonable discretion to approve or reject the proposed coverage in each such case.
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(c) Occupancy Owner may partially or fully occupy and/or use the Project before acceptance of the entire Project by the Owner. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer. (d) Additional Insured; Primary and Non-Contributory; Waiver of Subrogation The Contractor shall name the Owner and the Owner’s designated representative as additional insureds on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or exact equivalents), automobile liability, and excess/umbrella policies. The additional insured endorsement(s) included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of operations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability, automobile liability, and excess/umbrella policies shall apply on a primary and non-contributory basis. The Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of Owner and the Owner’s designated representatives. Any excess/umbrella policies provided by Contractor shall include a follow form endorsement or schedule of underlying coverage showing that such policies sit in excess of and shall follow the form of the underlying policies set forth herein, which Contractor intends the excess/umbrella policy to supplement. (e) Proof of Carriage of Insurance The Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Agreement until all required insurance certificates, additional insured endorsements and declarations pages have been obtained for the period covered by this Agreement and delivered in duplicate to the Owner for approval, and such approval shall not be unreasonably withheld. (f) Notice of Cancellation or Non-Renewal The Contractor shall provide or shall obligate its insurance carriers or brokers/representatives to provide for thirty (30) Days written notice to the Owner of cancellation.
(g) Project Schedule Changes At the time of making application for any extension of time pursuant to the Contract Documents, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. (h) Compliance If the Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) Days of receiving written notice of the defect(s), the Owner may, but shall not be required to, take out such insurance to cover any damages accrued for which the Owner might be held liable on account of the Contractor’s failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under this Agreement.
(i) No Limitation of Liability; Subcontractors and Consultant Obligations Nothing contained in this Agreement shall be construed as limiting, in any way, the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor’s operations. Each of Contractor’s Consultants and Subcontractors shall comply with all insurance obligations under this Section, and Contractor shall include such provisions in its contracts with them.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to 36 September 12, 2023
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commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:

Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or selfinsurance maintained by the City, its officials, employees, agents, and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired 37 September 12, 2023
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or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or selfinsurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

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

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

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages 38 September 12, 2023
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for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so 39 September 12, 2023
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corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor 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 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on 40 September 12, 2023
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behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

R.C. Becker and Son, Inc.
28355 Kelly Johnson Pkwy
Santa Clarita, California 91355
(661) 259-4845
Attn: John Becker
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CITY:

City of California City
21000 Hacienda Blvd
California City, California 93505
Attn: City Manager
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees. 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.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term 42 September 12, 2023
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of this Contract, 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 Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

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

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF CALIFORNIA CITY
AND R.C. BECKER AND SON, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the _12th_ day of __September___, 2023.

CITY OF CALIFORNIA CITY R.C. Becker and Son, Inc

By: By:

Inge Elmes
Acting City Manager, Its:

Printed Name:
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ATTEST:

By:

Socorro Chavez, City Clerk
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EXHIBIT “A”

SERVICES / SCHEDULE
See Plans and Specifications, incorporated herein by this reference. 45 September 12, 2023
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EXHIBIT “B”

PLANS AND SPECIFICATIONS
See Plans and Specifications, incorporated herein by this reference. 46 September 12, 2023
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EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
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EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

R.C. Becker and Son, Inc.

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
48 September 12, 2023
SB1 Funded Project 29
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:_______________________________
DIR Registration Number:__________________________
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
 Contractor shall maintain a current DIR registration for the duration of the project.  Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.  Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor__________________________________________ Signature__________________________________________________ Name and Title_____________________________________________ Dated___________________________

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 49 September 12, 2023
SB1 Funded Project 30
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
50 September 12, 2023
SB1 Funded Project 31

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of California City (hereinafter referred to as “City”) has awarded to R.C. Becker and Son, Inc., (hereinafter referred to as the “Contractor”) an agreement for CATALPA AVE REHABILITATION – between 87th St and 94th St (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated 08/08/2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, R.C. Becker and Son, Inc., the undersigned Contractor and _______________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Five Hundred Thousand Four Hundred Fourteen and 14/100 Dollars ($500,414.14) said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. 51 September 12, 2023
SB1 Funded Project 32
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___).
(Corporate Seal)
Contractor/ Principal
52 September 12, 2023
SB1 Funded Project 33
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

53 September 12, 2023
SB1 Funded Project 34
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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SB1 Funded Project 35

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of California City (hereinafter designated as the “City”), by action taken or a resolution passed September 12th, 2023 has awarded to R.C. Becker and Son, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows:

CATALPA AVE REHABILITATION – between 87th St and 94th St (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated 08/08/2023 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and _____________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of Five Hundred Thousand Four Hundred Fourteen and 14/100 Dollars ($500,414.14) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
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SB1 Funded Project 36
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

56 September 12, 2023
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
57 September 12, 2023
SB1 Funded Project 38
EXHIBIT “G”

FEDERAL REQUIREMENTS
58 September 12, 2023
ITEM NO. CC 3.

COUNCIL AGENDA ITEM
TO:

FROM:

September 12, 2023
Mayor and City Council
Joe Barragan, Acting City Manager
SUBJECT: A resolution to cooperate with the County of Kern for CDBG Grants, and an agreement for Community Development.

BACKGROUND/ DISCUSSION:

The U.S. Department of Housing and Urban Development has identified California City as authorized to be included in the County of Kern’s Community Development Block Grant program entitlement under Title I of the Housing and Community Development Act of 1974. To be authorized to be included in the County of Kern’s Community Development Block Grant program the City Council must elect to participate in the Community Development Block Grant, HOME Investment Partnerships programs, and Emergency Solutions Grants programs for the three program years commencing with 2024-2025 and continuing through 2026-2027 in accordance with the regulations by the Act. The City previously approved this agreement (6-27-2023), but minor changes needed to be made to the agreement. The City Council must approve the attached revised resolution and authorize the Acting City Manager to sign the attached agreement.

FISCAL IMPACT: N/A
RECOMMENDATION: Staff recommends the City Council direct, the Acting City Manager to sign the required Agreements; and Authorizes Inge Elmes, Acting City Manager from this City to execute and/or perform all other appropriate acts necessary to accomplish the purpose of the Resolution.

ATTACHMENTS:

1. Resolution

2. Agreement
59 September 12, 2023
RESOLUTION NO.: 09-23-2998
Resolution of the City Council of the City of California City To Cooperate with the County of Kern
WHEREAS, the County of Kern has identified this City as authorized to be included in the County of Kern’s Community Development Block Grant program entitlement pursuant to Title I of the Housing and Community Development Act of 1974, as amended, (hereinafter the “Act”); and
WHEREAS, HUD has notified the County of Kern that it is a participant in the HOME Investment Partnerships program as defined in Title II of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended; and WHEREAS, HUD has notified the County of Kern that it is a participant in the Emergency Solutions Grants program; and
WHEREAS, the Act requires the execution of a Cooperation Agreement between this City and the County of Kern; and
WHEREAS, such Agreement allows this City’s population to be included with the County of Kern’s in determining a basic annual Community Development Block Grant, HOME Investment Partnerships program, and Emergency Solutions Grants program grant amounts; and
WHEREAS, it is the intention of this City to enter into such an Agreement with the County of Kern to cooperate in undertaking, or assist in undertaking, essential community renewal and lower income housing assistance activities in the incorporated area of this City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of California City:

1. Elects to participate in the Community Development Block Grant, HOME Investment Partnerships programs, and Emergency Solutions Grants programs for the three program years commencing with 2024-2025 and continuing through 2026-2027 in accordance with the regulations by the Act;

2. Directs, City Manager to sign the required Agreements; and

3. Authorizes Joe Barragan, Acting City Manager from this City to execute and/or perform all other appropriate acts necessary to accomplish the purpose of the Resolution. 60 September 12, 2023
PASSED, APPROVED, AND ADOPTED on this 12th day of September 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________
Kelly Kulikoff, Mayor
ATTEST:
______________________
Socorro Chavez, City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN }SS
CITY OF CALIFORNIA CITY }
I, Socorro Chavez, City Clerk of the City of California City, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of California City on the 12th day of September, 2023 by the following votes:
______________________
Socorro Chavez, City Clerk
61 September 12, 2023

COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT
This Agreement, made and entered into on ____________________________by and between the COUNTY OF KERN, a political subdivision of the State of California (hereinafter “COUNTY”) and the CITY OF CALIFORNIA CITY, a municipal corporation located within Kern County (hereinafter “CITY”), RECITALS:

WHEREAS, the United States Department of Housing and Urban Development (hereinafter “HUD”) has notified the COUNTY that it is considered to have the required qualifications (determination of essential powers) to participate in the Community Development Block Grant Entitlement (hereinafter “CDBG”) program as an urban county as that term is defined in Title I of the Housing and Community Development Act of 1974, as amended (hereinafter the “Act”); and WHEREAS, HUD has notified the COUNTY that it is a participant in the HOME Investment Partnerships Program (HOME) as defined in Title II of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended; and
WHEREAS, HUD has notified the COUNTY that it is a participant in the Emergency Solutions Grants (ESG) Program; and
WHEREAS, the CDBG qualification process requires that following HUD’s determination that a county possesses the essential powers to participate in the CDBG program as an urban county, the units of general local government within the county be notified of their opportunity to participate in the county’s CDBG, HOME, and ESG programs by entering into a cooperation agreement with the designated urban county; and
WHEREAS, such cooperation agreements provide that the unit of general local government and the county will cooperate in essential community development and housing assistance activities and that the area and population of the unit of general local government will be included with that of the county by HUD in determining funding levels; and
WHEREAS, the COUNTY has notified the CITY of the opportunity to participate in the COUNTY’s CDBG, HOME, and ESG programs; and
WHEREAS, the CITY desires to participate in and be a part of the COUNTY’s CDBG, HOME, and ESG programs;
AGREEMENT:

1. This Agreement shall remain in effect through the 2026 program year (a program year is the twelve month period commencing July 1 and continuing through and including the following June 30).

Therefore the CITY shall participate in the COUNTY’s CDBG, HOME, and ESG programs during federal fiscal years 2024, 2025, and 2026, and does therefore approve and acknowledge the COUNTY’s authority to carry out activities that will be funded from annual CDBG, HOME, and ESG appropriations for the federal fiscal years for which the COUNTY is to qualify and from any program income generated from the expenditure of such funds, including such additional time as may be required for completion of funded activities and the expenditure of any such funds granted by the COUNTY to the CITY. The Cooperation Agreement must remain in effect until the CDBG (and HOME and ESG, where applicable) funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funding activities completed.
62 September 12, 2023

2. While it remains in effect, neither the COUNTY nor the CITY shall terminate or withdraw from this Agreement (other than as provided by rules and regulations of the Act adopted by the Federal government subsequent to this Agreement).

3. The COUNTY and the CITY shall cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities.

4. The COUNTY shall have final responsibility for selecting CDBG, HOME, and ESG activities, for the filing of the Consolidated Plan with HUD, and implementing the Consolidated Plan as approved by HUD.

5. The CITY shall undertake, without reservation or intent to obstruct, all actions determined by the COUNTY or HUD to be necessary to carry out the CDBG, HOME, and ESG programs and the approved Consolidated Plan and to comply with all CDBG, HOME, and ESG program requirements and applicable Federal and State laws and regulations during the three program years for which the COUNTY qualifies as an urban county and for such additional time as may be required for completion of funded activities and the expenditure of funds granted by the COUNTY for such period.

6. The COUNTY and CITY hereby assume the obligation to take all required actions necessary to assure compliance with the COUNTY’s certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR part 100, and affirmatively furthering fair housing. See 24 CFR Subsection 91.225(a) and Affirmatively Furthering Fair Housing definitions and certifications (86 FR 30779 June 10, 2021) to be codified at 24 CFR 5.151 and 5.152, available at https://www.federalregister.gov/documents/2021/06/10/2021-12114/restoring-affirmatively-furtheringfair-housing-definitions-and-certifications. Additionally, County and CITY shall take all actions to comply with section 109 of Title I of the Housing and Community Development Act of 1974, and implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and any and all other applicable laws, regulations and orders. By this assumption, the COUNTY and CITY recognize and accept the provisions of the Act prohibiting urban county funding for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY’s actions to comply with its fair housing certification.

7. Pursuant to the requirements of the Act and implementing regulations found at 24 CFR 570.501(b), the CITY hereby agrees to be subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as precedent to implementation of individual CDBG funded activities, as set forth at 24 CFR 570.503.

8. The CITY shall maintain appropriate record of and return to the COUNTY on receipt by the CITY, any income generated by the expenditure of CDBG, HOME, and ESG funds received by the CITY. In the event of the CITY’s community development program close-out or change in the CITY’s status, any such program income that is on hand or received by the CITY subsequent to such close-out or change in status shall immediately be paid to the COUNTY.

9. The CITY has adopted and is enforcing:
63 September 12, 2023
a. a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
b. a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction;

10. The CITY shall comply with those provisions of the CDBG, HOME, and ESG program which apply to real property acquired or improved in whole or in part using CDBG, HOME, and ESG funds and which is within the control of the CITY. Such provisions include CITY responsibility to:
a. make timely notification to the COUNTY of any modifications or change in the use of the real property from that planned and approved by the COUNTY at the time of acquisition or improvement, including its disposition; b. reimburse the COUNTY in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-HUD funds) of property acquired or improved with CDBG, HOME, or ESG funds and that is sold or transferred for a use which does not qualify under CDBG, HOME, or ESG program regulations; and
c. immediately return to the COUNTY any program income generated from the disposition or transfer of property prior to or subsequent to close-out, change of status or termination of this Agreement of Cooperation.

11. The CITY understands and agrees that, as a part of the COUNTY’s CDBG program:
a. it may not apply (except as otherwise provided by legislation adopted by the Federal government subsequent to this Agreement) for grants under the HUDAdministered or State-Administered Small Cities or State CDBG programs from appropriations from a fiscal year for which it is participating in the Entitlement CDBG Program with the COUNTY; and
b. it may receive a formula allocation under the HOME Investment Partnerships program or Emergency Solution Grants program only through the COUNTY, regardless of whether the COUNTY receives a HOME Investment Partnerships or Emergency Solutions Grant formula allocation.

12. CITY agrees that it may not sell, trade, or otherwise transfer all or any portion of its HUD funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under title I of the Act.

13. This Agreement may only be modified by an instrument in writing executed by the COUNTY and the CITY and approved by HUD.

14. Any and all notices sent pursuant to, or in furtherance of the purposes of, this Agreement shall be deemed delivered if personally served upon the Clerk of the Board of Supervisors of the COUNTY or upon the Clerk of the City Council of the CITY, or if sent via the United States Postal Service, postage prepaid, directed to COUNTY, addressed as follows:
64 September 12, 2023
Clerk of the Board of Supervisors
County of Kern
1115 Truxtun Avenue, Fifth Floor
Bakersfield, California 93301
or directed to the CITY, addressed as follows:

City of California City
21000 Hacienda Blvd.

California City, CA 93505-2259
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.

Recommended and Approved as to Content

PLANNING AND NATURAL RESOURCES

DEPARTMENT
By______________________________________
Lorelei H. Oviatt, AICP, Director

COUNTY OF KERN
By______________________________________
Chairman of the Board of Supervisors
“COUNTY”
Approved as to Form:

OFFICE OF COUNTY COUNSEL
By______________________________________
Brian Van Wyk, Deputy

CITY OF CALIFORNIA CITY
By _____________________________________
Inge Elmes, Acting City Manager
“CITY”
65 September 12, 2023
ITEM NO. CC 4.

COUNCIL AGENDA ITEM
September 12, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Acting City Manager
SUBJECT: Central Park Lights
BACKGROUND/ DISCUSSION:

Central Park Lights needs repairs and replacement of the light bulbs. The main juncture box has been completely vandalized resulting in conduits and wires needing to be replaced.

Staff has researched switching from the existing Halogen light bulbs to LED bulbs. LED bulbs have been proven to be around 80% more efficient than halogen. LED bulbs are brighter and have a higher rated lifespan (outlasting halogen lamps ten times more). That longevity alone will result in a better investment. Switching to LED will cut the cost of energy being used as LED bulbs consume 85% less energy while producing better light than the Halogen counterparts. Halogen lights can become too hot within minutes creating a fire hazard if they are near flammable materials. LED lights have fins that allow heat to escape from the light bulb’s base preventing possible fire hazards.

These proposed changes will be done in house reducing labor costs.

Bringing the lights back into service and upgrading to LED would greatly benefit our kids that play and practice sports, as well as lighting up the events at the park such as Carnivals, Festivals, and special events that are held throughout the year. Better lighting ensures safety and security for everyone while saving the City money and energy costs.

Of the three vendors contacted, Main Electric’s quote does not include the light fixtures as they are not in stock and have a lengthy lead time. All Phase and Walters have the same ETA for all parts however Walters is the more economical route.

FISCAL IMPACT:

Current Fund Balance: 10-4161-408 $ 8,300.00
Amount Requested from Fund: $ 5,732.89
Ending Balance: $ 2,567.11
RECOMMENDATION: Staff Recommends Council approve the purchase of 66 September 12, 2023
the necessary materials from Walters Wholesale Electric Co. to perform the needed repairs on the main juncture box and replace the Halogen lights with LED.

ATTACHMENTS:

1. Walters Wholesale Electric Co.

2. All-Phase Electric Supply Co.

3. Main Electric Supply
67 September 12, 2023
68 September 12, 2023
69 September 12, 2023
70 September 12, 2023
71 September 12, 2023
72 September 12, 2023
73 September 12, 2023

CITY COUNCIL
DATE: September 12, 2023
TO: Mayor and City Council
FROM: Jeremy Kosick, Fire Chief
SUBJECT: Excess Property
_____________________________________________________________________________________ BACKGROUND:

The Fire Department is requesting to deem the following fire department property as excess property and to be placed on a government auction site.
• Mako Compressed Air Trailer 5406HBA-DT- CA 950872 SCBA Mobile Refilling Trailer • HURST Centaur Extrication set- (Jaws of Life).

Both items listed above are out of date, with the cost of repair, maintenance, and upkeep it’s no longer cost-effective to maintain. Both units are no longer used by the department as we have other newer comparable equipment. The items will be placed on a government auction site which satisfies Cal City municipal Code Section 3-2.403 where the funding received from the sale of the equipment will go towards the purchase of needed replacement up-to-date life safety equipment. The site to be used is www.publicsurplus.com.

RECOMMENDATION:

Staff recommends the City Council deem the listed property as excess property and approval to place the items on a government auction site.

FISCAL IMPACT:

None. All fees will be charged to the buyer.

ENVIRONMENTAL IMPACT:

None
Attachments:

Photographs of equipment.

CC 5.
74 September 12, 2023
75 September 12, 2023
76 September 12, 2023

CITY COUNCIL
DATE:

TO:

FROM:

September 12, 2023
Mayor and City Council
Joe Barragan, Acting City Manager
SUBJECT: Approval of Reimbursement Agreement for Services Between IWVGA, BHT, and the City of California City
_____________________________________________________________________________________

BACKGROUND
The City is providing services for the Indian Wells Valley Groundwater Authority Project related to processing a Site Plan Review, determining compliance with Project obligations, review of building permits and activities required prior to and during construction of the Project. IWVGA has agreed to reimburse the City for the direct costs associated with providing such services, including costs for City staff and City consultant efforts, as well as BHT.

RECOMMENDATION
Staff recommends that the City Council approve the Reimbursement Agreement for Project services between IWVGA, BHT, and the City of California City.

ENVIRONMENTAL REVIEW
This Action is exempt pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

Reimbursement Agreement
CC 6.
77 September 12, 2023
AGREEMENT NO. __________

REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (the “Agreement”) is made and entered into on _________________, by and between the INDIAN WELLS VALLEY GROUNDWATER AUTHORITY, a Groundwater Sustainability Agency formed under the Sustainable Groundwater Management Act of the State of California, ("IWVGA" herein) and CALIFORNIA CITY, a municipal corporation ("CITY" herein).

R E C I T A L S
WHEREAS, IWVGA is responsible for the design and construction of the IWVGA Imported Water Conveyance System, which includes approximately eight miles of potable water pipeline, a booster pump station, and related appurtenances within CITY public right-of-way and jurisdiction as seen in attached Exhibit “C” (“PROJECT” herein); and
WHEREAS, CITY owns and maintains the public road right-of-way within its jurisdiction (“ROW”, herein); and
WHEREAS, CITY will require various permits and agreements, including a License Agreement, or other agreements, for the construction of PROJECT; and WHEREAS, IWVGA is willing to reimburse CITY for the actual cost of plan review, permit processing, and agreement development needed for approval to construct PROJECT; and
WHEREAS, IWVGA and CITY intend to enter into a separate agreement between the parties to address reimbursement for CITY inspection, testing, and related costs at the time of construction.

NOW, THEREFORE, incorporating the foregoing recitals herein, IWVGA and CITY mutually agree as follows:

1. SCOPE OF WORK. Review of plans and related submittals for a potable water pipeline and conveyance system, a portion of which will be constructed within the CITY. In addition to CITY Staff, the review and plan check work may be performed by a consultant, or consultants, hired by and working for CITY.

Some of the items that may be reviewed include, but are not limited to, a License Agreement, Encroachment Permit, Grading Permit, and Site Plan Review.
78 September 12, 2023

2. REIMBURSEMENT. Due to the size and scope of the PROJECT, it is difficult to determine the actual reimbursable costs for review and plan check work needed to get the project approved for construction. The costs will be based on work performed by CITY and/or CITY hired consultant. IWVGA shall deposit $30,000 with CITY as a deposit towards scope of work costs. CITY shall provide regular, current monthly statements of accounting of costs. The format of the Statement of Accounting report is shown in Exhibit “A”. Rate sheets of CITY consultants are included in Exhibit “B”. In no event shall the amount of such reimbursement exceed the amount of $30,000, without prior written approval of IWVGA. In the event that available funds are depleted, CITY shall provide a good faith estimate of additional monies to be deposited based on the rate that funds were depleted and the amount of probable work to occur prior to full entitlement up to the beginning of the construction of the PROJECT. IWVGA shall deposit additional monies in a timely manner, and failure to deposit such funds could result in delay of the Project. Failure to deposit additional monies within thirty (30) days is a default to this Agreement.

3. NEGATION OF PARTNERSHIP. IWVGA shall not become or be deemed a partner or joint venturer with CITY or associate in any such relationship with CITY by reason of the provisions of this Agreement. CITY shall not for any purpose be considered an agent, officer or employee of IWVGA.

4. NON-INTEREST. No officer or employee of CITY or IWVGA shall hold any interest in this Agreement (California Government Code section 1090).

5. DEFAULT INTEREST. In the event of a default by any party to this Agreement, the non-defaulting party shall be allowed to recover interest on all damages at the legal rate from the date of the breach.

6. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. The acceptance of work or services, or payment for work or services, by IWVGA shall not constitute a waiver of any provisions of this Agreement.

7. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the IWVGA Board and signed by all the parties.

8. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All 79 September 12, 2023
exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

9. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

10. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:

IWVGA: INDIAN WELLS VALLEY GROUNDWATER AUTHORITY
Attn: Carol Thomas-Keefer
General Manager
100 W. California Ave
Ridgecrest, California, 93555
CITY: CITY OF CALIFORNIA CITY
Attn: Joe Barragan
Public Works Director
7800 Moss Ave
California City, CA 93505

11. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.

12. ATTORNEY’S FEES. If either party commences an action against the other party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the losing party reasonable attorney’s fees and all other costs of such action.

13. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as IWVGA may choose to impose.

14. TIME. Time is of the essence in this Agreement.
80 September 12, 2023

15. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

16. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

17. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

18. INDEMNITY. CITY shall indemnify, defend, and hold harmless IWVGA, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CITY, CITY’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for IWVGAs sole active negligence or willful misconduct.

19. ACCOUNTING RECORDS. CITY shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CITY’s office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to IWVGA representatives upon request at any time during regular business hours.

20. ELIGIBLE COSTS. This agreement will cover reimbursement of CITY for all costs related to the SCOPE OF WORK, including costs already incurred, assuming that sufficient and appropriate documentation is provided to IWVGA to support costs.

21. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by IWVGA or CITY pursuant to the terms of this Agreement, shall, upon preparation, become or remain the property of the IWVGA.
81 September 12, 2023
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
"IWVGA" “CITY”

INDIAN WELLS VALLEY GROUNDWATER AUTHORITY CITY OF CALIFORNIA CITY

By: By:_____________________________

PHILIP PETERS INGE ELMES
Chairperson, IWVGA Acting City Manager

APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By:_________________________ By:_________________________

JOE BARRAGAN
Public Works Director
APPROVED AS TO FORM: APPROVED AS TO FORM:

IWVGA Attorney CITY Attorney
By:__________________________ By: _________________________ COUNTERSIGNED:

By:_________________________

Attachments: Exhibit “A” – Statement of Accounting (sample) Exhibit “B” – Consultant Rate Sheets
Exhibit “C” – Proposed Project Map

82 September 12, 2023
Exhibit “A”
Statement of Accounting
83 September 12, 2023
Exhibit “B”
Consultant Rate Sheets
84 September 12, 2023
Exhibit “C”
Proposed Project Plan
85 September 12, 2023
DATE:

AGMT NO:

Deposit Date Check No. Amount
$ -
Debit Date Invoice No. Amount
$ -
$ -
#DIV/0!

STATEMENT OF ACCOUNTING
PROJECT NAME: Indian Wells VGA Pipeline Project
APPLICANT: Indian Wells Valley Groundwater Authority

DEPOSITS
Notes

TOTAL CREDITS

TOTAL DEBITS
DEBITS
Notes - Work Description
Note: Invoices to City shall be attached from consultants debiting the project during a given month.

CURRENT PROJECT BALANCE

PERCENT OF BALANCE

REMAINING
ACCOUNTING STATUS #DIV/0!
86 September 12, 2023
BHT ENGINEERING, INC. EFFECTIVE – December 2018
218 S. “H” Street, Suite 201 BAKERSFIELD, CA 93304 (661) 378-2648

Civil Engineering & Construction Management

CALIFORNIA CITY

SCHEDULE OF HOURLY BILLING RATES
Personnel Rate
Senior Civil Engineer $125.00 per hour
Senior Project Manager $120.00 per hour
Assistant Project Manager $ 95.00 per hour
CAD Drafter III $ 95.00 per hour
Administrative Assistant/Clerical $ 50.00 per hour
Field Work – Prevailing Wage Rates
Construction Inspector $135.00 per hour
Chief of Party $135.00 per hour
Instrument Man $125.00 per hour
Equipment & Materials
Total Station/GPS (included in above rates)
Computer Equipment/Software (included in above rates)
Mileage $ 0.60 per mile
Materials and Copies Required for the
Execution of the Work At Cost (No Mark-up)
NOTE: These fees subject to 50% surcharge for any work performed during overtime hours. 87 September 12, 2023

PROPOSED WATER PIPELINE
NOTE: SHEETS 1-9 PROVIDED

ONLY TO DEPICT PORTIONS

OF PROJECT WITHIN
CALIFORNIA CITY LIMITS.

WASHBURN BLVD.

CALIFORNIA
CITY
88 September 12, 2023

PROPOSED WATER PIPELINE

PROPOSED TURNOUT

FACILITY ON PRIVATE PARCEL

CONNECT TO

EXISTING AVEK LINE
89 September 12, 2023

PROPOSED WATER PIPELINE
90 September 12, 2023

PROPOSED WATER PIPELINE
91 September 12, 2023

PROPOSED WATER PIPELINE
92 September 12, 2023

PROPOSED WATER PIPELINE YERBA RUSHE CREEK

JACK AND BORE LOCATION
93 September 12, 2023

PROPOSED WATER PIPELINE
94 September 12, 2023

PROPOSED WATER PIPELINE
95 September 12, 2023

PROPOSED WATER PIPELINE
96 September 12, 2023

PROPOSED WATER PIPELINE CITY LIMIT
97 September 12, 2023
ITEM NO. PH 1.

COUNCIL AGENDA ITEM
September 12, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Acting City Manager
SUBJECT: Amended Update to the Master Fee Schedule
BACKGROUND/ DISCUSSION: Staff is requesting a change in wording be allowed to be made to the July 25, 2023, approved DRAFT Master Fee. The requested change is on page 12, under Section 8; Airport (in red). No dollar amounts have been changed, only verbiage to include several mixed-use buildings on the airport that do not fall under any of the currently listed facilities.

FISCAL IMPACT: The fees in the Master Fee Schedule are for the cost of services.

The goal is that the services provided by city staff will be supported by these fees and not the general fund. The adoption of this new updated Master Fee Schedule is to lower the level of impact on the general fund subsidization.

RECOMMENDATION: Staff recommends the City Council approve the requested change to the Revised DRAFT of the updated Master Fee Schedule.

ATTACHMENTS:

1. Revised DRAFT Master Fee Schedule 9.01.23
98 September 12, 2023
California City
Master Fee Schedule
September 1, 2023
(Effective Date September 1, 2023 - City Council Resolution Number )

MASTER FEE SCHEDULE
99 September 12, 2023

TABLE OF CONTENTS

SECTIONS PAGE
SECTION 1: ADMINISTRATIVE SERVICES FEES……………………………….……… 3 SECTION 2: PLANNING DEVELOPMENT FEES……………………………….…… 4 & 5 SECTION 3: BUILDING DEPARTMENT FEES…………………………………….… 6 & 7 SECTION 4: PUBLIC WORKS DEPARTMENT FEES…………………………….…….. 8 SECTION 5: WATER UTILITY SERVICES FEES…………………………………….….. 9 SECTION 6: WATER UTILITY PAYMENTS FEES……………………………………… 10 SECTION 7: WASTEWATER UTILITY PAYMENTS FEES…………….……………….11 SECTION 8: AIRPORT SERVICES FEES……………………………….………………..12 SECTION 9: DIAL-A-RIDE SERVICES FEES…………………………….………………13 SECTION 10: RECREATION SERVICES FEES………………………….…………….. 14 SECTION 11: TIERRA DEL SOL GOLF SERVICES FEES……………….……...15 & 16 SECTION 12: FIRE DEPARTMENT FEES………………………………….…………17-20 CODE ENFORCEMENT FEES………………………………..……………21
SECTION 13: POLICE DEPARTMENT FEES………….…………………………..22 & 23 ANIMAL CONTROL FEES…………………………....……………...23 & 24
SECTION 14: OHV DEPARTMENT FEES…………………………………….…………. 25
SECTION 15: CANNABIS FEES……………………….…………………………………………… 26 Table of Contents Page 2 of 26
SECTION 1

ADMINISTRATIVE SERVICES FEES
100 September 12, 2023
Inge Elmes
Acting City Manager

APPLICATION TITLE FEE NOTES
City Clerk Fees
Notary $ 15.00 per Signature
Notary Copies $ 0.25 per Page for Black and White Copies (8½” x 11”) Notary Larger and color copies $ 1.00 per Page
Ordain Services $ 250.00 per Event
City Public Area Permit $ 250.00 per Day/Event (City Hall Chambers) for Non-City Events Special Event Permit + (SOR**) $ 500.00 (May be additional permits required by Fire or Police Non City Events)
Notice of intent to circulate petition $ 200.00
Business License $ 150.00 Annual (Gross Income > $10,000) +DSA Fee** $ 75.00 Annual (Gross Income < $10,000) +DSA Fee**
$ 25.00 Daily +DSA Fee**
$ 10.00 Non-Profit or Event Vendor +DSA Fee**
**DSA Fee – Division of the State Architect (Varies - set yearly by the State) **SOR – Statement of Requirements
Finance Fees
NSF Returned Check $ 25.00
NSF Subsequent Checks $ 35.00
Miscellaneous Fees
State Revolving Fund $ 1.00
Sales & Use Tax 1%
Transient Occupancy Tax 6%
CATV Franchise Fee 2% of gross but no less than $120 per year Filming Permit Fees
City Location Film Permit $1,250.00 per Day, per Location. Plus, any fees charged by Fire, PD and/or Public Works Departments.
***Airport Filming Permit Fees – See Section 8
Section 1: Administrative Services Fees Page 3 of 26
SECTION 2

PLANNING DEVELOPMENT FEES
101 September 12, 2023

APPLICATION TITLE FEE NOTES

Annexation
Processing Fee $ 2,500.00 (see note A)
Conditional Use Permit (CUP)
Residential - Proposed (fences, signs) $ 750.00 (see note B) Minor $ 842.00 (see note C)
Moderate $ 1,414.00 (see note D)
Major $ 2,061.00 (see note E)
Planned Development $ 2,443.00 (see note F)
Environmental Review (CEQA)
Environmental Impact Review Varies (see note G)
Environmental Review Varies (see note H) (by professionals other than city staff) Notice of Determination Varies, Actual cost + 10% State Fee (prepared by City Staff) Negative Declaration $ 68.00 per Hour (see note I) (Review City Staff) Notice of Exemption $ 100.00
General Plan Amendment and Zone Change (GPA and ZC)
General Plan Amendment $ 1,526.00 (see note J)
Zone Change $ 2,066.00 (see note J)
Zone Change-Planned Development $ 2,257.00 (see note J) Miscellaneous Applications
Amendment to Conditions of Approval $ 652.00 (see note K) (Appealed conditions and time extensions) Appeals to the City Council $ 461.00 (see note K)
Appeals to the Planning Commission $ 381.00 (see note L) (reviewed by City Staff) Certificate of Compliance $ 381.00
Small Residential Day Care No Charge (1-8 Children)
Large Residential Day Care $ 120.00 (9-14 Children)
Development Improvement Inspection Varies, 1% - 2%
Final Map Check Fee $ 68.00 per Hour
Final Parcel Map Processing $ 762.00 (see note M)
Final Subdivision Map Processing $ 1,144.00 (see note M) Lot Line Adjustment/Merger $ 375.00 (see note N)
Plan Check Fee $ 68.00 per Hour
Site Plan Review (SPR)
Minor (Business/Existing Building) $ 250.00 (see note N) Major $ 750.00 (see note N)
(Existing Business, Ownership Change, etc.)
Remodel $ 1,065.00 (see note N)
Multi-Family Residential $ 1,545.00 (see note N)
Commercial $ 1,865.00 (see note N)
Industrial $ 1,865.00 (see note N)
Section 2: Planning Development Fees Page 4 of 26
SECTION 2

PLANNING DEVELOPMENT FEES
102 September 12, 2023

APPLICATION TITLE FEE NOTES

Specific Plan
Processing Fee Varies, cost plus 10% (see note F)
Deposit Required $ 5,000.00 (see note O)

Subdivisions
Tentative Parcel Map $ 1,414.00 (see note J)
Tentative Tract Map $ 1,814.00 + $30.00 per Lot (see note J)

NOTES:

A. Annexation processing and deposit fee shall be used towards staff time, materials, and any State or LAFCO fees incurred. All costs are paid by the applicant.

B. A residential CUP is for signs, fencing, etc. in a residential zone district. This category does not include residential dwelling units.

C. A minor CUP is for an existing building/project site for which a permit is required for a particular use in that zone district and no exterior structural changes are made to the building.

D. A moderate CUP is for a project for which a Use Permit is required and there are some exterior changes that will be made to an existing building or site.

E. A major CUP is for a project requiring a Use Permit and Site Plan Review on an undeveloped parcel.

F. If two or more applications are submitted concurrently and are related to the same project, the highest cost application fee is charged at the regular fee and each additional application is charged at 50% of the regular fee. This excludes CUP’s associated with Site Plan Review.

G. Varies. Actual cost plus 10%
H. Varies. Actual cost, plus 10% deposit of scope of work. If the review process exceeds first 10% scope of work deposit, an additional 10% scope of work deposit(s) will be required until review process is complete.

I. $68.00 per hour with a $500.00 deposit.

J. If two or more applications are submitted concurrently and related to the same project, the highest cost application fee is charged at the regular fee and each additional application is charged at 50% of the regular fee.

K. Public hearing required.

L. No public hearing required.

M. This does not include map checking fees.

N. All applications which require review by professionals outside the City Planning Division will be billed to the project applicant at 100% of the cost, plus an administrative fee of 10% of the billed amount. A $1,000.00 deposit is required.

O. All Specific Plan Applications which require review by professionals outside the City Planning Division will be billed to the project applicant at 100% of the cost, plus an administrative fee of 10% of the billed amount. A $5,000.00 deposit is required. If the $5,000.00 deposit reaches a 90% usage, a review of the project at that point will determine the next deposit amount before any other services/permits are rendered.

Section 2: Planning Development Fees Page 5 of 26
SECTION 3

BUILDING DEPARTMENT FEES
Joe Barragan
103 September 12, 2023
Public Works Director

APPLICATION TITLE FEE NOTES
Minimum Permit Fee $ 56.00 Building, electric, mechanical & plumbing Minimum Plan Review Fee $ 100.00 All building permits that require plan review Application Fees $ 46.00 Building, electric, mechanical & plumbing Plan Revisions $ 100.00 + $75.00 per Hr. after first one-half hr.

Demolition Permit $ 150.00 + $46.00 application fee + SB 1473 fee Temporary Certificate of Occupancy $ 105.00 per First 30-day period Re-Inspection Fees $ 150.00
Sign Permit $ 215.00 + $46.00 application fee + SB 1473 fee (Plus, Electrical permit if required)
Sign Permit: copy change only $ 56.00 +$46.00 application fee+ SB 1473 fee Driveways $ 218.00
Expired Permit: To Reissue-Min Fee $ 120.00 + $46 application fee + SB 1473 fee Building Permit Fees-Based on most recent edition of the ICC International Code Council Building Valuation Data – 2022 or most current*
Mobile Home Installation Inspection $ 56.00
Construction Trash Deposit $ 500.00 Deposit Refunded with Dump Receipt Construction without Permit Penalty
Residential $ 500.00 or double the permit fee whichever is greater Commercial/Industrial $1,000.00 or double the permit fee whichever is greater Unless otherwise noted, plan review fees are based upon 65% of the building permit fee. Review of Masterplan Set Fees will be calculated at 16.75% of the building permit fee. Additional plan review fees for outsourced structural review may be required. (+ Actual Cost)
The Strong Motion Seismic Hazard Mapping Fee (SMIP) is calculated at .0001% of total valuation for residential construction and at .00021% for commercial construction. This fee is required for new construction or when there is a change to the lateral load resistance elements of a structure.

The Senate Bill 1473 (Green Building Standards) fee is assessed at $1.00 per each $25,000 or portion thereof. *ICC Valuation for shell only buildings will be estimated at 80% of total building valuation based on occupancy type.

Residential/Commercial Re-Models will be estimated at 50% of total building valuation based on occupancy type.

MISCELLANEOUS APPLICATIONS / FEES
Amendment to Conditions of Approval $ 650.00 Public hearing required (Appealed conditions, time extensions)
Appeals to the City Council $ 450.00 Public hearing required Plan Check Fee $ 65.00 per Hour
Section 3: Building Department Fees Page 6 of 26
SECTION 3

BUILDING DEPARTMENT FEES
104 September 12, 2023

HOW BUILDING AND PLANNING PERMIT FEES ARE USED
When you obtain a building or planning permit, fees will be charged to cover the cost of:

1. Plan checking in the office.

2. Field inspections before and during construction

3. Service and capital improvements in your neighborhood and the surrounding areas

4. Covers the time staff spends in checking your project against:

A. The applicable Zoning Regulations such as land use, setbacks, and height B. Referencing General Plan maps detailing environmental concerns, such as stream beds, flood plains, rare and endangered plants or animals, and potential hazards from earthquakes or fires.

Section 3: Building Department Fees Page 7 of 26
SECTION 4

PUBLIC WORKS DEPARTMENT FEES
Joe Barragan
Public Works Director
105 September 12, 2023

APPLICATION TITLE FEE NOTES
Fire Hydrant Meter Application Fee +Deposit (Private Meter) $ 50.00 Deposit $ 500 Fire Hydrant Meter Application Fee +Deposit (City Meter) $ 50.00 Deposit $1,500 Fire Hydrant Minimum Monthly Charge $ 25.00 Each Month
(No Water Used while the meter is in Vendor’s Possession) Fire Hydrant Reading Not Reported On-Time Penalty $ 75.00 per Occurrence Construction Water - 0.0585 per c.f. – 0.00782 per gallon $ 5.85 per 100 Cubic Feet Inspection Fee-Water truck, Water tank, etc. $ 55.00
Back Flow Prevention Devices-Labor, Materials & Certification Fee Actual Cost + 10% Well Permits + Deposit ($1,000) $ 274.00
Testing and Sampling Actual Cost
Encroachment Permits
Encroachment Permit Review Cost - Deposit $ 250.00
Excessive Encroachment Permit Inspections $ 112.00
Concrete, sidewalk, curb & gutter 25 LF or less $ 218.00 Concrete, sidewalk, curb & gutter >25 & <100 LF $ 274.00 Concrete, sidewalk, curb & gutter >100 & <300 LF $ 330.00 Concrete, sidewalk, curb & gutter >300 & <500 LF $ 386.00 Concrete, sidewalk, curb & gutter >500 LF 2% of cost
AC or PCC Pavement 1000 SF or less $ 274.00
AC or PCC Pavement 1001 to 3000 SF $ 330.00
AC or PCC Pavement 3001 to 6000 SF $ 386.00
AC or PCC Pavement 6001 to 10,000 SF $ 442.00
AC or PCC Pavement >10,000 SF 2% of cost
Excavation outside pavement 200 LF or less $ 100.00
Excavation outside pavement > 200 LF $ 162.00
** For Each Additional Foot over 200 feet 0.18 will be charged per foot Excavation inside pavement 100 LF or less $ 240.00
Excavation inside pavement 101 to 500 LF $ 274.00
Excavation inside pavement 501 to 1000 LF $ 312.00
Excavation inside pavement 1001 to 1500 LF $ 356.00
Excavation inside pavement 1501 to 3000 LF $ 390.00
Excavation inside pavement >3000 LF $ 487.00
AC Repair
0-25 SF $ 312.50
26-50 SF $ 500.00
51-75 SF $ 637.50
76-100 SF $ 700.00
101-200 SF $1,000.00
Non-Construction Permits within Right-of-Way $ 56.00
Waterline Repairs (Customer Side)
Customer Requested Repairs plus parts and labor $ 75.00 per Hour (2 Hour Minimum). (can be charged to water account)
After Hours Service Calls $ 95.00 per Hour
Section 4: Public Works Department Fees Page 8 of 26
SECTION 5

WATER UTILITY SERVICES FEES
Joe Barragan
Public Works Director
106 September 12, 2023
WATER SERVICE LINE INSTALLATION:

The customer shall pay for all costs of the water service installation including, but not limited to the pipe, service tap, meter box, meter valves, hydrants, labor, trenching, backfilling, patching and Administrative costs from the nearest main to the customer’s property line in accordance with City standards and specifications. The applicant may have the City Water Department personnel install the service line based on the fee schedule set forth or may elect to hire a qualified contractor to perform this work, except that only City Water Department personnel may make the water main tap and install the water meter. For new residential dwellings, the connection fee and impact fee for water service are currently being waived for water and sewer connections. (Standard Flow Meter with Orian ERT Only)

Fee Schedule 3/4” 1” 1-1/2” 2” Over 2”_
New Service
Fees LS $2,150 $2,150 $2,450 $2,950 Actual Cost
SS $1,450 $1,450 $1,950 $2,450 Actual Cost
New Meter
Fees $ 319 $ 675 $ 850 $ 982 Actual Cost + 10%
Meter Relocation (Relocation)
Fees $ 850 $ 850 $1,050 $1,250 Actual Cost
Remove Water Service
Fees $ 400 $ 400 $ 450 $ 550 Actual Cost
Water Main Tap
Fees $ 140 $ 155 $ 180 $ 255 Actual Cost

APPLICATION TITLE FEE NOTES

NEW SERVICE CONNECTION FEES
3/4" Meter $ 319.00 Residential Only
1" Meter $ 675.00
1/1/2" Meter $ 850.00
2" Meter $ 982.00
> 2" Meter Actual Cost of Meter + 10%

WATER UTILITY SERVICE FEES
Security Deposit Temp Connection $ 160.00 i.e., Home Inspections New Account Deposit (Each Account) $ 70.00
New Account Application Fee (Each Account) $ 50.00
Late Payment Fee $ 10.00 OR 10% of amount owed -
Whichever is Greater
Door Hangers $ 20.00
Turn-on/off (8:30am/4pm) $ 50.00
Turn-on/off after Hours $ 80.00
Water Meter Tampering Fee $ 500.00 1st Offense
Water Meter Tampering Fee $ 1,000.00 Each Offense After Water Meter Tests $ 50.00 Customer Requested
Section 5: Water Utility Services Fees Page 9 of 26
SECTION 6

WATER UTILITY PAYMENTS FEES
Joe Barragan
Public Works Director
107 September 12, 2023
MONTHLY WATER SERVICE PAYMENTS FEES:

THIS PAGE INTENTIONALLY LEFT BLANK

WATER AND SEWER RATES CHANGES ARE
PENDING WATER/SEWER RATE STUDY.

EXPECTED COMPLETION AUGUST OF 2023
Section 6: Water Utility Payments Fees Page 10 of 26
SECTION 7

WASTEWATER UTILITY PAYMENTS FEES
Joe Barragan
Public Works Director
MONTHLY WASTEWATER SERVICE PAYMENTS:
108 September 12, 2023
The customer pays the cost to receive service to their property as well as the cost associated with the wastewater utility providing that service (which includes replacing and adding infrastructure).

Customers receive twelve wastewater bills per year, one every month. The wastewater bill is combined with the water bill.

For regular residential, your bill is a flat fee charge of $40.00 for sewer per month. Your monthly water bill is the sum of all applicable water and sewer charges.

For Multiple Unit Buildings (Duplexes, Apartments, etc.) the charge is $40.00 plus EDU in the building (Duplexes - $40.00 + 1 Unit @ $10.00 = $50.00 for sewer per month). A (4) Unit Residential Building will be charged a total of $70 per Month for sewer charges. Your monthly water bill is the sum of all applicable water and sewer charges.

For commercial accounts, your bill is a combination of consumption charges (based on the amount of water used) the more water a customer uses the higher their monthly wastewater bill will be. Your monthly water bill is the sum of all applicable water and sewer charges. * EDU = Equivalent Dwelling Unit * GPD = Gallons per Day * HCF = Hundred Cubic Foot Monthly Charges for Sewer Wastewater
Base cost for first EDU in a Residential Zone $40.00
Additional EDUs - Multiple Unit Bldgs. (Duplexes, Apts, Etc.) will be charged per each additional EDU after the 1st unit, per Month $10.00 Commercial Zones will be charged per HCF $ 2.88
Restaurants per HCF $ 4.13
Prison Charge Per Bed Capacity per Month $21.41
Prison Charge Per HCF $ 1.50
Sewage Trucks per 100 Gallons $ 5.00
Sewer Impact Fees
Impact Fee Per GPD $7.91
Sewer Capacity Fee Per Prison Bed $1,107
Residential Impact Fee (Per EDU) $1,898 (Currently Waived by City Council Vote on May 28, 2019)
Antelope Valley- East Kern Water Agency (AVEK New Construction) Base Fee- $5,387.00
¾ - Inch meter base times 1
1 - Inch meter base times 2
1 ½ - Inch meter base times 3
2 - Inch meter base times 5
3 - Inch meter base times 8
4 - Inch meter base times 17
6 - Inch meter base times 33
8 - Inch meter base times 53
10 - Inch meter base times 77
12 - Inch meter base times 100
Section 7: Wastewater Utility Payments Fees Page 11 of 26 SECTION 8

AIRPORT SERVICES FEES
Robert King
Airport Manager
109 September 12, 2023

APPLICATION TITLE FEE NOTES
Airport Fees
Monthly Tie-Down Fees
Single Engine $ 50.00 per Month, per Plane
Light Twin $ 50.00 per Month, per Plane
Medium Twin $ 60.00 per Month, per Plane
Heavy Twin $ 80.00 per Month, per Plane
Gliders (Stored- in container) $ 40.00 per Month, per Plane (off Ramp) Gliders (Stored-NOT in containers) $ 70.00 per Month, per Plane (off Ramp) (Storage on Ramp no longer available)
T Hangar
Full Size $ 325.00 per Month
All Utilities are the responsibility of the tenant
Half Size $ 200.00 per Month
All Utilities are the responsibility of the tenant
ALL NON-AVIATION RELATED BUSINESSES WILL BE CHARGED 2X THE CURRENT RENT CC Hangar $ .50 cents per Square Foot, per Month, per Hangar All Utilities are the responsibility of the tenant
ALL NON-AVIATION RELATED BUSINESSES WILL BE CHARGED 2X THE CURRENT RENT Land Lease Per Lease
ALL NON-AVIATION RELATED BUSINESSES WILL BE CHARGED 2X THE CURRENT RENT Office or Mixed-Use Spaces
All Office or Mixed-Use Spaces $ 4.00 per Square Foot, per Month, per Space All Utilities are the responsibility of the tenant
Restaurant Facility Per Lease
All Utilities are the responsibility of the tenant
Airport Filming Permit Fees
Film Permit-Rental of Non-Closed Taxiway $1,500.00 per Day. Plus, any fees charged by Fire, PD or Public Works Departments.

Film Permit-Rental of Runway $ 8,000.00 per Day. Plus, any fees charged by Fire, PD or Public Works Departments.

City Vehicle (City Manned Only) $ 150.00 per Day, per Vehicle RV/Camping Park – TEMPORARILY CLOSED
Section 8: Airport Services Fees Page 12 of 26
SECTION 9

DIAL-A-RIDE SERVICES FEES
Joe Barragan
110 September 12, 2023
Public Works Director

APPLICATION TITLE FEE NOTES
Fares
General Public Cash Fare $ 2.00 per Trip. A trip is from one address to another Senior Desert Jade Resident $ 0.50 Senior = 62+ Must show ID (with DJ address) Senior/ADA/Disabled/Medicare** $ 1.00 Senior = 62+ Must show ID and **Medicare card (Medicare card must be red, white & blue)
10-Ride Ticket Book General Public $ 20.00 Can be purchased at City Hall 10-Ride Ticket Book Senior/ADA/Disabled $ 10.00 Senior = 62+ Must show ID and **Medicare card (Medicare card must be red, white & blue)
Children $ 1.00 per Trip.
(Infants are free) $ 0.00
Children are defined as; 2 years to 18 years old, able to walk on their own.

Infants are defined as: 0 to 2 years old, unable to walk on their own.

Section 9: Dial-A-Ride Services Fees Page 13 of 26
SECTION 10

RECREATION SERVICES FEES

APPLICATION TITLE FEE NOTES
111 September 12, 2023

RECREATION FACILITIES
Central Park Group Picnic Area
Small – Resident $ 5.00 per Hour + $50 Deposit
Non-Resident $ 10.00 per Hour + $50 Deposit
Central Park Group Picnic Area
Large – Resident $ 15.00 per Hour + $50 Deposit
Non-Resident $ 20.00 per Hour + $50 Deposit
Park Vender Fee (Includes Business License) $ 46.00 per Day Ball Field Lights
Resident $ 20.00 per Hour
Non-Resident $ 25.00 per Hour
Field Maintenance Fee - Facilities & Water $ 7.00 per User (per adult or child on league – including non-profits)
Pool Facilities
Swimming Pool Daily Open Session $ 2.50
Exclusive use Season Pass $ 70.00 per Family of 5
Exclusive use Season Pass $ 30.00 per Individual
Swimming Lessons $ 30.00 per Session
Adult Aquatic Aerobics $ 25.00 per Month
Private Lessons - Four ½ hr. classes $ 60.00
Buildings
Strata Gym - Resident - Includes Staff (1) $ 70.00 per Hour Non-Resident - Includes Staff (1) $100.00 per Hour
Strata Meeting Room – Resident $ 15.00 per Hour
Non-Resident $ 20.00 per Hour
(After Hours Staff Fee + $20 hr.)
Arts & Community Center $ 65.00 per Hour - Includes Staff (1) Non-Resident - Includes Staff (1) $ 95.00 per Hour
Cleaning Deposit-Refundable – All users $200.00
Bob Parker Scout Lodge
(Local Boy Scout and Girl Scout Troops exempt from paying fees) Resident use $ 70.00 per Hour - Includes Staff (1)
Non - Resident use $100.00 per Hour - Includes Staff (1) Local non-profit $ 25.00 per Hour-Day use Includes Staff (1) Non-profit $ 50.00 per Hour-Day use Includes Staff (1)
Annual pass – Local Non-Profits – 25 uses $500.00
Cleaning Deposit-Refundable – All users $200.00
Scout Island Campground
Local Non-Profit Tent Camping $ 6.00 per Campsite
Out of Area Non-Profit Tent Camping $ 10.00 per Campsite Section 10: Recreation Services Fees Page 14 of 26
SECTION 11

TIERRA DEL SOL GOLF SERVICES FEES

APPLICATION TITLE FEE NOTES
Memberships
112 September 12, 2023
Resident $ 400.00 Annually
Senior Resident (62+) $ 350.00 Annually
Resident Family $ 500.00 Annually
Non-Resident $ 500.00 Annually
Non-Resident Senior (62+) $ 400.00 Annually
Non-Resident Family $ 550.00 Annually
Active-Duty Military $ 350.00 Annually
Junior under 18 $ 100.00 Annually

Weekday Green Fees:
(1) 18 holes: $ 20.00 per Person
(2) 9 holes: $ 15.00 per Person
Weekend and Holiday Green Fees:
(1) 18 holes: $ 25.00 per Person
(2) 9 holes: $ 20.00 per Person
Senior citizens, 62 years of age and older, receive 50% off weekday greens fees, and may purchase a “Senior Card” for $20.00 annually for green fees as follows:

Weekday:
(1) 18 holes: $ 15.00 per Person
(2) 9 holes: $ 10.00 per Person
Weekend and Holiday (no discount available for Seniors):
(1) 18 holes: $ 20.00 per Person
(2) 9 holes: $ 15.00 per Person
Golfers under the age of 18 years (Junior Golfers):

Shall pay the following green fees on weekdays, weekends, and holidays:
(1) 18 holes: $ 10.00 per Person
(2) 9 holes: $ 5.00 per Person
Twilight Golf
Green fees and cart fees for persons starting after seasonal on weekdays or seasonal. on weekends (twilight rates) are as follows:
(1) Weekdays: $ 20.00 Golf and Cart
(2) Weekend and Holidays: $ 25.00 Golf and Cart
(3) All Days: $ 15.00 Single Twilight Cart
(4) Super Twilight-Starts: Seasonal $ 15.00 Golf and Cart Section 11: Tierra Del Sol Golf Services Fees Page 15 of 26 SECTION 11

TIERRA DEL SOL GOLF SERVICES FEES

APPLICATION TITLE FEE NOTES
Golf Cart Rental (for all persons):
113 September 12, 2023
(1) 18 holes: $ 30.00 per Cart for (2) persons
$ 20.00 per Cart for (1) person
(2) 9 holes: $ 20.00 per Cart for (2) persons
$ 15.00 Single cart
Private Golf Cart
Private Golf Cart $ 450.00 Annually
Private Golf Cart Senior (62+) $ 400.00 Annually
Ride Along
Family $ 0.00 per Round
Non-Family $ 0.00 per Round
Section 11: Tierra Del Sol Golf Services Fees Page 16 of 26 SECTION 12

FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief
Fee Code Fee description Fee Amount

PERMIT-RELATED FEES
114 September 12, 2023
Construction Permits
CNG/LNG Permit Storage or Dispensing Facility To install, alter or modify a compressed natural gas or liquefied natural gas storage container or dispensing facility. $215.00 Fire Alarm System Permit To install, alter or modify a fire alarm system. Includes up to 25 initiating or notification devices.

Note: Plus $70 fee for each group of 25 devices
$435.00
$70.00 per
group
Fire-Extinguishing System Permit To install, alter or modify a fixed Fire Extinguishing Systems Halon, CO2, clean agent, dry chemical, liquid agent or other extinguishing agent. This permit does not include fire sprinkler systems. $395.00
Underground Water Piping System Permit for Fire Protection To install alter or modify underground piping for fire hydrants or water systems. $395.00 Flammable or Combustible Liquid Tanks
Aboveground Tank Permit Install 1 or 2 aboveground tanks with storage capacity of 125 gallons or more which will hold flammable or combustible liquids. (Plus $35 fee for each additional tank-over 2) $290.00 $35.00 over 2
Aboveground Tank Removal Permit To alter, rehabilitate, or place permanently or temporarily out of service or otherwise dispose of any flammable or combustible liquid tank which is not related to oil production, refining or pipeline transportation activities. $145.00
Liquefied Petroleum Gas (LPG)
Liquefied Petroleum Gas Permit - To install an LP gas container of one hundred twenty five (125) gallon water capacity or more at other than a one or two-family residence. (Plus $35.00 fee for each additional tank over 1)
$215.00
$35.00 over 1
Liquefied Petroleum Gas Permit - To install LP gas container of one hundred twenty five (125) gallon water capacity or more when such tank is capable of dispensing LP gas into other tank vessels. $145.00 Fire Pumps & Related Equipment Permit To install, alter or modify a fire pump and related tanks, jockey pumps, controllers, and generators $725.00
Spraying or Dipping Booth Permit – Spraying or dipping. To construct, install, alter, or modify a spray room or spray booth and the fire suppression system, when flammable, corrosive or combustible liquids, or flammable finishes are used.
$580.00
Dip Tank Permit To construct, alter or modify a dip tank or dipping operation utilizing flammable or combustible liquids, or flammable finishes. $580.00
Sprinkler Systems
Commercial Fire Sprinkler System Permit Commercial Sprinkler Systems of 30,000 sq. ft. or less. $1,120.00
Commercial Fire Sprinkler System Permit Commercial Sprinkler Systems more than 30,000 sq. ft. $1,120 plus $0.03 per square foot above 30,000 $1,120.00 + $.03 per sq. ft.

Tenant Improvement Fire Sprinkler System Permit Tenant improvement to an existing commercial sprinkler system with a change to 20 fire sprinklers or less. $290.00 Tenant Improvement Fire Sprinkler System Permit Tenant improvement to an existing commercial sprinkler system with a change to more than 20 fire sprinklers. $500.00 Resubmittal of Commercial Design Drawings With major revisions. $435.00 Residential Sprinkler Systems Under 5,000 sq. ft. $580.00 Residential Sprinkler Systems From 5,001 sq. ft. to 10,000 $725.00 Residential Sprinkler Systems Over 10,000 sq. ft. $870.00 Section 12: Fire Department Fees Page 17 of 26
SECTION 12

FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief
Fee
Code
Fee description Fee Amount

PERMIT-RELATED FEES
Miscellaneous
Fireworks Permit - Fireworks Booth (Safe & Sane) $360.00 115 September 12, 2023
Standpipe System Permit Install, alter, or modify a standpipe system. $650.00 Tent Permit (large tent) Tents, air supported membrane structures & temporary event structures. To erect a temporary air supported membrane structure, temporary special event structure or temporary tent having an area more than two thousand (2,000) square feet, except for structures used exclusively for camping.
$215.00
Tent Permit (standard tent) Tents, air supported membrane structures & temporary special event structures. To erect a temporary air supported membrane structure, temporary special event structure or temporary tent having an area more than four hundred (400) square feet but less than two thousand (2,000) square feet, except for structures used exclusively for camping $135.00
Emergency Responder Radio Coverage Permit To install, alter or modify an emergency responder radio coverage system and related equipment $435.00
Electrified Security Gates & Fences Permit To install, alter or modify a gate or fence which is designed to provide security to a premises by discharging an electric shock to intruders. $215.00 Stationary Energy Storage Systems Permit To install, alter or modify a stationary storage battery system or capacitor energy storage system. $290.00 CO2 Beverage Dispensing Permit To install a liquefied carbon dioxide system used for beverage dispensing with more than 100 pounds of carbon dioxide. $290.00 Cannabis Facility Permit To construct, alter or modify a building for cannabis cultivation or processing, and the facility is 5,000 square feet or less. $290.00 Cannabis Facility - Large Permit To construct, alter or modify a building for cannabis cultivation or processing, and the facility is greater than 5,000 square feet or less $290 plus $0.026 per square foot above 5,000
$290.00
$.026 per sq. ft.

CO2 Enrichment System Permit To install, alter or modify a carbon dioxide enrichment system having more than 100 pounds (874 scf) of carbon dioxide $290.00 Plant Extraction System Permit To install, alter or modify a plant extraction system. $725.00 Gas Detection System Permit To install, alter or modify a gas detection system. $290.00 Operating Permits
State License Permit (CA State Form #850). $50.00
Business Operating Permit Fire & Life Safety Inspection of certain State Fire Marshal regulated facilities to gain approval to operate. This includes Group A, C, E, L, R-1, and R-4 occupancies. $145.00 Business Operating Permit Fire & Life Safety Inspection of Group B, F, H, M and S occupancies to gain approval to operate. $145.00
Explosive Permit Explosives or Blasting Agents $290.00
High-Piled Combustible Storage Permit To use a building or portion thereof with more than 500 square feet, including aisles of highpiled combustible storage. $290.00 Model Rocket Permit To sell or offer for sale model rocket engines as defined in the California Fire Code, Section 5611 $145.00
Public Assembly Permit - To conduct an assembly with 50 attendees or more in a facility which is not designed or constructed as an assembly. $180.00
Public Display Permit - To store, discharge or use explosives or fireworks, other than Safe & Sane Fireworks, at a public gathering. Plus, fees for standby time - see Fire Safety Standby Fee (Code 5280).
$145.00
Special Effects/Operations Permit To store, discharge or use pyrotechnic special effects materials, fireworks, explosives or open flame or operate aircraft or drones for filming or theatrical purposes.

Plus fees for standby time - see Fire Safety Standby Fee (Code 5280) $290.00 Section 12: Fire Department Fees Page 18 of 26
SECTION 12

FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief
Fee
Code
Fee description Fee Amount

PERMIT-RELATED FEES
Filming Permit To conduct filming operations.

Plus fees for standby time - see Fire Safety Standby Fee $100.00 116 September 12, 2023
Mobile Fueling Permit To engage in the dispensing of liquid or gaseous fuels into fuel tanks of motor vehicles from tank vehicles at locations other than at a fuel dispensing station. $290.00 Cannabis Cultivation Permit To operate a commercial indoor cannabis cultivation operation, and the facility is 5,000 square feet or less. $290.00
Cannabis Cultivation - Large Permit To operate a commercial indoor cannabis cultivation operation, and the facility is greater than 5,000 square feet. $290 plus $0.026 per square foot above 5,000 $290.00 $.026 per sq. ft.

Plant Extraction System Permit To use a plant extraction system. $145.00 Carbon Enrichment System Permit To operate a carbon dioxide enrichment system having more than 100 pounds (874 scf) of carbon dioxide $145.00
Mobile Food Preparation Vehicles Permit To operate a mobile food preparation vehicle equipped with appliances that produce smoke or greaseladen vapors. $145.00 Outdoor Assembly Event Permit To Conduct an outdoor assembly event where planned attendance exceeds 1,000 persons. $290 plus $145.00 per hour beyond the first (2) hours $290.00
$145.00/hr.

Plan Review
Building Permit - Commercial Fees for plan review and associated inspections for all commercial or industrial building permits. This does not include permits for signs, swimming pools, grading or concrete work.

Building Permit - Commercial (a)Total Valuation: $1 to $28,000. $218.00 Building Permit – Commercial (b) Total Valuation: $28,000 to $500,000. First $28,000 @ $218 each additional $100.00 up to $500,000 $218 - $0.38
each
Building Permit – Commercial © Total Valuation: $500,000 $1,000,000.

First $500,000 @ $2,034 each additional $100.00 up to $1,000,000. $2,034.00 $0.29
Building Permit – Commercial (d) Total Valuation: $1,000,000 or more, First $1,000,000 @ $3,486 each additional $100.00 of valuation.
$3,486.00
$0.10
Building Permit – Urban Wildland Interface Area Fees for plan review and associated inspections for all building permits for structures located within the Urban Wildland Interface Area (Hazardous Fire Area). This does not include permits for signs, swimming pools, grading or concrete work. $180.00 Negative Declaration Fees for review, comment, and associated functions for environmental reviews resulting in the completion of a Negative Declaration. $145.00 Environmental Impact Report - Fees for review, comment, and associated functions for environmental review resulting in the completion of an Environmental Impact Report. $215.00 Section 12: Fire Department Fees Page 19 of 26
SECTION 12

FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief

OTHER FEES
Special Inspection Fees

Re-inspection Fees will be assessed for inspection of construction work:
a. An inspection is requested, and the work is not ready for inspection upon the arrival of the inspector. b. When correction notices are not complied with during construction thereby requiring more than two inspections to approve any single phase of portion of the construction process. $500.00
117 September 12, 2023
After-hours Inspection Fee is assessed when an inspection is requested after normal working hours of 07:00am to 05:00pm Monday through Friday (2 hour minimum). $145.00/hr.
$290.00 Min.

Fire Hydrant Flow Test $350
Fire Safety Inspection / Standby Fees (2 hour minimum) - 5280 Chief Officer / Command Vehicle $300.00/hr.

Firefighter $73.00/hr.

Fire Engine & 2 Personnel
Minimum of 2 hours billable
$235.00/hr.
$470.00 Min
Fire Patrol & 2 Personnel
Minimum of 2 hours billable
$220.00/hr.
$440.00 Min
Fire Inspector or Safety Officer
Minimum of 2 hours billable
$150.00/hr.
$300.00 Min
Heavy Rescue Vehicle & 5 Personnel / plus $0.98/mile $1.20/mile Minimum of 2 hours billable
$455.00/hr.
$910.00 Min
Fire Investigation (plus materials and associated costs) - $275.00/hr.

Witness Fees $75.00/hr.

Annual Commercial Business & Fire Life Safety Inspections 0-4000 square feet – Low hazard occupancy Ambulatory health care, banks, barbers/beauty shops, retail, etc. $90.00 0-2,00 square feet – Moderate to High Hazard: Manufacturing, bakeries, auto repair, auto body, etc. $150.00 2,001-5,000 square feet – Moderate to High Hazard: Manufacturing, bakeries, auto repair, auto body, etc. $200.00 5,001-10,000 square feet – Moderate to High Hazard: Manufacturing, bakeries, auto repair, auto body, etc. $250.00 10,001-100,000 square feet – Moderate to High Hazard: Manufacturing, bakeries, auto repair, auto body, etc. $320.00 100,001-500,000 square feet – Moderate to High Hazard: Manufacturing, bakeries, auto repair, auto body, etc. $400.00 Section 12: Fire Department Fees Page 20 of 26
SECTION 12

FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief
Administrative Fees
Incident Report (except medical) - Victim. Includes all pages requested by owner where incident occurred. After 5 pages add additional cost of $0.25
$10.00
$0.25 per page
Incident Report (except medical) Others $45.00
Medical Aid Report Includes all pages. (If requested by patient/victim – No Charge) $65.00 N/C Investigation Report – Includes all pages $65.00
Logbook Documentation – Includes all pages
118 September 12, 2023
Subpoena for Records $65.00
Subpoena for Deposition of Personnel $275.00
Inspection Report Includes all pages $70.00
Permit Information – Includes all pages $70.00
Correspondence – Includes all pages $70.00
Knox Box Application $145.00
Other Disclosable Public Records Documents
Includes up to 5 pages. Duplicating costs for more than 5 pages $70.00
$.25 per page
Violations
Citations for Illegal Fireworks, Serious Life Safety Violations (CCMC), Any CFC Violation. $1500.00 Code Enforcement Fees
Illegal Dumping $1000.00
Citation 1st Offense Citation 2nd Offense Citation 3rd Offense $250.00-1st
$500.00-2nd
$1,000.00-3rd
Late Fee +50% of
Citation
Citation Appeal $85.00
Inspection- per hour (2) hour minimum $50.00
Inspection resulting in citation- 1st inspection is waived $0.00 Re-inspection Fee- per hour (2) hour minimum (Last Inspection Fee Waived if Violation is cleared) $50.00 Section 12: Fire Department Fees Page 21 of 26
SECTION 13

POLICE DEPARTMENT FEES
Jesse Hightower
Police Chief

APPLICATION TITLE FEE NOTES

RECORDS
Impound Vehicle Release $ 125.00 Cash, Certified Check or Money Order Only Stored Vehicle Release $ 20.00 Administration Fee
Incident Report $ 1.00 per Page
Crime Report- under 24 pages $ 15.00
Over 25 Pages $ 25.00
Accident Report - PDO $ 15.00
119 September 12, 2023
Accident Report - CHP555 $ 25.00
Vin Verification $ 10.00
Ticket Sign Off $ 10.00
Copy of Tape $ 35.00
Photos + over 5 pictures on CD $ 20.00 Plus Reproduction Cost Copy of Body Cam footage $ 75.00
Evidence Fees Varies per Type, Location and Length of Storage Repossession Release $ 15.00
Yard Sale Permits $ 10.00 (CIVIL CODE, Division 3. OBLIGATION (1427 -3273), PART 4. OBLIGATION ARISING FROM PARTICULAR TRANSACTIONS (1738-3273) TITLE 6. SERVICE (2019-2082) - CHAPTER 4. Lost and Unclaimed Property (2080 - 2082) ARTICLE 1. Lost Money and Goods (2080.1) (b)

MISCELLANEOUS ADMINISTRATION FEES
False Alarms First Event $ 25.00
False Alarms Second Event $ 75.00
False Alarms Third Event $ 125.00
Witness Fees $ 275.00 for Subpoena or Deposition
Supervisor $ 150.00 per Hour
Filming Call-Out Full Time Sworn $ 75.00 per Hour
Filming Call-Out Reserve / CSO $ 50.00 per Hour

FIRE RELATED REPORTS / ADMINISTRATION FEES
Incident Reports $ 45.00 Fire, Accident, Medical
Investigation Report $ 45.00 Arson, etc.

Witness Fees by city staff $ 75.00 for Subpoena or Deposition

FINGERPRINTS
Hard Copy Card $ 20.00 Per Card
Live Scan $ 20.00 + DOJ Fees
FINES
CCMC Parking Violations $ 35.00
Regular Fines: First Offense $ 250.00
Second Offense $ 500.00
Third Offense $1,000.00
Correctable Violations: $ 10.00
Section 13: Police Department Fees Page 22 of 26
SECTION 13

POLICE DEPARTMENT/ANIMAL CONTROL FEES
Jesse Hightower
Police Chief

APPLICATION TITLE FEE NOTES

ANIMAL CONTROL
Animal Licenses
Dog License Unaltered $ 65.00 per Year, per Dog **
Dog License Altered $ 20.00 per Year, per Dog **
Dog License Altered-Sr. (62+) *** $ 10.00 per Year, per Dog ** Dog License Deemed Vicious Dog $ 250.00 per Year, per Dog ** with yard inspection and approval
Dog License Unaltered $ 185.00 3 Years, per Dog **
120 September 12, 2023
Dog License Altered $ 50.00 3 Years, per Dog **
Dog License Altered-Sr. (62+) *** $ 25.00 3 Years, per Dog ** Cat License / Microchip available upon request – Will follow Dog Fees and Stipulations **All animal license requests must furnish proof of: Rabies Vaccination and Alteration (if applicable)** ***Senior Citizen Rate – Must show proof of 62+ to receive this rate*** *Licenses not renewed within 30 days of license expiration date will be charged double the current license fee* *Licenses will now be annual (or tri-annual) from time of Rabies vaccination date* Animal Impound Fees
Dog Impound 1st Event $ 30.00
Dog Impound 2nd Event $ 40.00
Dog Impound 3rd Event or more $ 70.00 Male or Female
Dog Impound Vicious Dog $ 250.00 per Event
Animal Impound other than dog $ 20.00 <25 pounds
Animal Impound other than dog $ 30.00 >25 pounds
Adoption Fees
Adoption Fee – Dog-Male $ 155.00 Each Dog
(Adoption $20, Neuter $105.00, Rabies $10, License $20) Adoption Fee – Dog-Female $ 180.00 Each Dog
(Adoption $20, Spay $130, Rabies $10, License $20)
Adoption Fee - Cat $ 142.50 Each Cat
(Adoption $20, Spay/Neuter $112.50, Rabies $10) (License optional for Cats) *Animal Rescues will be allowed to pull animals from shelter with no charge.

Rescue personnel must show proof of rescue organization establishment and affiliation*.

Daily Kennel Fees
Small Domesticated Animals $ 20.00 per Day - In addition to Above Fees (Dog, cat, goat, sheep, chicken)
Large Animal - Cow, horse or other $ 35.00 per Day - In addition to Above Fees Section 13: Police Department/Animal Control Fees Page 23 of 26 SECTION 13

POLICE DEPARTMENT/ANIMAL CONTROL FEES
Jesse Hightower
Police Chief

APPLICATION TITLE FEE NOTES

ANIMAL CONTROL
Animal Surrender Fees (when accepting)
Owner Requested Pick-Up: $ 50.00 per Domesticated Animal (Other than Large) Owner Surrender-Brought to Facility $ 40.00 per Domesticated Animal

Deceased Animal Fees
Animal Removal Fee: Small-Med $ 25.00 per Pet (Domestic Animals) 121 September 12, 2023
Animal Removal Fee: Large Refer to private company
Deceased pets brought to facility $ 20.00 per Domesticated Animal Deceased pets picked up by $ 30.00 per Domesticated Animal AC Officer
Outside Vendor Pick-up $ 75.00 per Domesticated Animal
Miscellaneous Fees
Cat/Dog Traps Cash Deposit $ 50.00 Deposit returned when trap is returned (30 Day Maximum)
Microchip Fees $ 20.00 per Domesticated Animal
Section 13: Police Department Fees – Animal Control Page 24 of 26 SECTION 14

OHV DEPARTMENT FEES
Inge Elmes,
OHV Manager
OHV – PUBLIC
Family Pack - Large $ 100.00
Family Pack - Small $ 60.00
Additional Permits-only at time of Family Pack Purchase $ 10.00 Each OHV Permit $ 15.00
OHV Permit Packs (4 permits) $ 50.00
Separate RV / Dump Pass $ 30.00
Daily Fees - Dump or Water $ 5.00
Two Free OHV Permits to any Military, LE, Fire with valid / current ID $ 0.00 Camping Fee Non-Holiday Weekday $ 15.00 per Day
122 September 12, 2023
Camping Fee Non-Holiday Weekend $ 25.00 per Day
Camping Fee Holiday Weekday $ 25.00 per Day
Camping Fee Holiday Weekend $ 40.00 per Day
1-Time Water Fill Max 150 G + 1-RV Dump Station $ 5.00
Mail Order Handling $ 4.00
Pro-Rated Single Permit (March-May Only) $ 10.00
Special Sale Permit (Special Promotion Only) $ 10.00
Transient Lodging $ 150.00 per Month

OHV VENDOR
Electrical Non-Holiday Sun – Thurs $ 35.00 per Day
Electrical Non-Holiday Fri - Sat per day $ 50.00 per Day Non-Electrical Non-Holiday Sun – Thurs $ 25.00 per Day
Non-Electrical Non-Holiday Fri – Sat $ 35.00 per Day
Electrical Holiday Sun – Thurs $ 50.00 per Day
Electrical Holiday Fri – Sat $ 65.00 per Day
Non-Electrical Holiday Sun – Thurs $ 35.00 per Day
Non-Electrical Holiday Fri – Sat $ 45.00 per Day
City Business License up to 12 days per year $ 10.00
Cleaning Deposit $ 50.00 per Event
Section 14: OHV Department Fees Page 25 of 26
SECTION 15

CANNABIS FEES

APPLICATION TITLE FEE NOTES

CANNABIS APPLICATION FEES
Phase 1: Initial Application Fee – One Time Fee $ 5,000.00 Application fee is non-refundable.

Phase 2: Permit Fee – for Each Type $ 4,000.00 If applicant fails to complete process, $3,000 of this fee will be refunded.

Annual Permit Renewal Fee $ 9,445.00
123 September 12, 2023
Section 15: Cannabis Fees Page 26 of 26
124 September 12, 2023

COUNCIL AGENDA ITEM
September 12, 2023
PREPARED BY: Joe Barragan, Acting City Manager
SUBJECT: Housing Element Professional Services Agreement

BACKGROUND/DISCUSSION
At the request of council, this item has been brought back for approval.

The California Department of Housing and Community Development requires all local governments for cities and counties to complete to adequately plan to meet the housing needs of everyone in the community by adopting a housing plan as part of their general plan. This is completed by a housing element process and to stay compliant, the city will need to hire a company to complete the requirements within the timeframe required.

Housing Element projected to be completed by January 2025.

RECOMMENDATION
Staff recommends for the Acting City Manager to enter into an agreement with PlaceWorks to prepare the 2023-2031 Housing Element for the City of California City.

FISCAL IMPACT
Cost of professional services agreement will be allocated to GL code 10-4170-310 in the amount of $183,790.00.

ATTACHMENTS
PlaceWorks Housing Element Professional Services AgreementRe PlaceWorks Housing Element Proposal
CB 1.
125 September 12, 2023

CITY OF CALIFORNIA CITY

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Professional Services Agreement (“Agreement”) is made and entered into this _____ day of ________, 20___, by and between the City of California City, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 21000 Hacienda Blvd., California City, CA 93505 ("City") and PlaceWorks, Inc., a California Corporation, with its principal place of business at 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional Housing Element consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Housing Element consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional Housing Element consulting services for the Housing Element project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Time of Performance.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Housing Element consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance immediately following execution of this Agreement by the Parties. Consultant shall complete the services required hereunder on or before January 31, 2025 (the “Completion Date”).

3.1.3 Extension Term. If Consultant fails to complete the services by the Completion Date, City may, at its sole election, extend the Completion Date for an additional 126 September 12, 2023
“Extension Term” not to exceed six (6) months. All services that Consultant performs during the Extension Term to complete the contract deliverables and Services contemplated herein will be performed be at no additional charge to City. Consultant’s failure to complete the Services during the Extension Term, if any, is a material breach of this Agreement.

3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: Jennifer Gastelum

3.2.5 City's Representative. The City hereby designates Acting City Manager Inge Elmes, or his/her designee, to act as its representative in all matters pertaining to the 127 September 12, 2023
administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Jennifer Gastelum, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom.

Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, 128 September 12, 2023
agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Workers' Compensation/Employer’s Liability: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers’ Compensation/Employer’s Liability Insurance in accordance with this section.
(C) Professional Liability (Errors & Omissions) Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claimsmade basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 129 September 12, 2023

3.2.10.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(D) Professional Liability (Errors & Omissions):
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This
insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. 130 September 12, 2023

3.2.10.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against 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 grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.10.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, 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 effective upon notice. 131 September 12, 2023

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.10.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.10.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(A) The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (B) Such insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of all services under this Agreement.
(C) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of all services under this Agreement.

3.2.10.13 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
132 September 12, 2023

3.2.10.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant shall additionally comply with the lawful requirements of the City, and any other water district, municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
133 September 12, 2023

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C", and further incorporated in Exhibit “A”, attached hereto and incorporated herein by reference. The total compensation shall not exceed One hundred eighty three thousand seven hundred ninety dollars ($183,790.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give 134 September 12, 2023
written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.4 California Labor Code Provisions.

3.4.1 Prevailing Wage Law. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City.

Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration. 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 subconsultants 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 subconsultants. 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. 135 September 12, 2023

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: PlaceWorks, Inc.
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
ATTN: Kara L Kosel, Director-Finance
City: City of California City
21000 Hacienda Blvd.

California City, California 93505
ATTN: Acting City Manager Inge Elmes
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its 136 September 12, 2023
applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Ownership of Materials and Confidentiality.

3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, unless required by law.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 137 September 12, 2023

3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.6.5 Indemnification.

3.6.5.1 Scope of Indemnity. 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’) to the extent arising out of, pertaining to, or incident to any alleged negligent 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. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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.

3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's reasonable attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all reasonable 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 directors, officials officers, employees, agents, or volunteers.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, 138 September 12, 2023
understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Kern County.

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

3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

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

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
139 September 12, 2023

3.6.17 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 member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[intentionally left blank. signature page follows]
140 September 12, 2023
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the Effective Date.

CITY OF CALIFORNIA CITY [INSERT NAME]
By: By:

Inge Elmes
Acting City Manager
Randal W. Jackson, President
ATTEST:

By:

Keith McCann, Secretary
By:

City Clerk
APPROVED AS TO FORM:

By:

Victor Ponto
City Attorney
141 September 12, 2023
EXHIBIT "A"

SCOPE OF SERVICES
142 September 12, 2023
EXHIBIT "B"

SCHEDULE OF SERVICES
143 September 12, 2023
EXHIBIT "C"

COMPENSATION
144 September 12, 2023
July 21, 2023
Inge Elmes, Acting City Manager
City of California City
21000 Hacienda Boulevard
California City, CA 93505
Subject: California City 2023-2031 Housing Element Update Dear Inge:

Please accept this submittal as PlaceWorks’ proposal to prepare the 2023-2031 Housing Element for the City of California City.

PlaceWorks staff has spent decades supporting local agencies for California Department of Housing and Community Development (HCD) compliance. We have extensive experience working with HCD—over 100 certified Housing Elements since 2008, the vast majority of which were certified after a single round of review. We also have considerable expertise with preparing inclusionary housing ordinances, analyses of impediments to fair housing choice, consolidated plans, annual action plans, housing condition, and income surveys, and acting as an extension of staff to help with Housing Element implementation and submittal of annual Housing Element reports to HCD.

PlaceWorks is all about places and how they work geographically, environmentally, functionally, aesthetically, and culturally. We are also passionate about how we work with our clients.

PlaceWorks brings together people from diverse practice areas, offering best-of-all-worlds capability and connectivity. Just as each place we work is distinctly different, so is our thinking.

The PlaceWorks team of highly experienced housing professionals provides clients and communities with the highest level of service. Each staff member is also cross-trained in numerous specialties—general plans, corridor plans, community design, and community health. Therefore, we add the greatest value to our housing policy and planning work. With our experience, you can also be assured of obtaining certification with HCD—100 percent of our Housing Elements have received certification by the State of California.
145 September 12, 2023
Key Staff
Jennifer Gastelum, Principal, Principal-in-Charge
Jennifer will serve as principal-in-charge and ensure that all products are produced on time and on budget and meet the highest standards of quality.

She will facilitate public workshops and meetings. Jennifer has over 20 years of experience in housing programs and public outreach throughout California, Nevada, and Washington. As a recognized leader in the field, she has managed updates to over 70 Housing Elements since 2008. Her experience includes preparing United States Department of Housing and Urban Development (HUD) consolidated plans, action plans, analyses of impediments to fair housing choice, housing condition surveys, and housing market studies. Jennifer has significant experience overseeing grant management of state and federal programs, such as the Community Development Block Grant (CDBG) program, CALHOME, and HOME. Jennifer is committed to continuing education and training, and she has experience leading project management and business development training.

Other project experience includes specific plans, general plans, EIRs, and IS/NDS.

Cynthia Walsh, Senior Associate
Cynthia has over a decade of experience working on long-range planning documents, specializing in policy writing for housing element updates, housing element annual reports, zoning codes, general plans, analyses of impediments to fair housing choice documents, consolidated plans, and action plans. She is experienced with State and federal grant programs, and she is an expert in federal (Davis-Bacon) and state labor standards compliance. Cynthia has significant experience in the preparation of analysis of impediments to fair housing choice documents, ensuring they are consistent with the guidelines and requirements outlined in HUD’s Fair Housing Planning Guide. She has also prepared over 30 housing elements over the past three housing element cycles for cities and counties throughout California.

Amy Sinsheimer, AICP, Senior Associate
Amy has over 20 years of experience managing and preparing long-range planning and policy documents, with a specialty in housing. She has significant experience in public outreach for complex projects involving multiple agencies, stakeholders, and team members. Amy prepared housing elements during the 3rd, 4th, 5th, and 6th cycles and has worked closely with staff at the California Department of Housing and Community Development to achieve certification for her clients. Amy has also prepared housing element 146 September 12, 2023
program implementation documents. She also has comprehensive zoning code and General Plan Update experience.

Deborah Rogoff-Ezra, Associate
Deborah will serve as key housing staff for the project. Deborah joined the PlaceWorks team to provide expertise in the fields of housing and community planning. She has extensive successful multilevel experience in urban planning and community development, possessing notable management, analytic problem solving, project documentation, and strong interpersonal skills.

Deborah is devoted to the formulation of viable planning solutions to challenges that arise in community growth and land use development.

Karla Martinez, Project Planner
Karla will serve as key housing staff for the project. Karla currently supports the PlaceWorks Housing Team with Housing Element updates, data analysis, preparation of outreach materials, as well as public engagement. More specifically, she works closely with project managers assisting with the preparation of Housing Needs Assessments, Sites Inventory Analysis, SB 244 Analysis, conducting consultations with local stakeholders, and gathering input from parcel owners. She is also skilled at organizing demographic data into tables and charts, helping to simplify the technical content for non-experts.

Payton Lagamorsino, Project Planner
At PlaceWorks, Payton assists both Housing and CEQA teams on various projects. Currently, Payton is working on Housing Needs Assessments for both Tuolumne County and San Joaquin County. Prior to joining PlaceWorks, Payton was a student at University of Oregon and had the opportunity to study abroad in Denmark and the Netherlands to study sustainable transportation.

While there, Payton rode through both countries, using both rural and urban bicycle infrastructure to get around.

Mark Teague, AICP, Managing Principal,
Environmental Services, Advisor
Mark will serve as an Advisor and offer environmental expertise on the project. In over 35 years of public- and private-sector experience, Mark has worked throughout California in agencies large and small and is considered an innovative problem solver. His projects include planned communities, 147 September 12, 2023
shopping center EIRs, general plan and zoning code updates, impact fees, and public outreach for projects highly scrutinized by the public. Mark is often able to offer a unique approach to meeting a critical goal of a project. His experience as a planning director, staff liaison, and ability to see the whole of the project, ensures that every document meets the need of the client. He has served as on-call extension of staff for numerous cities throughout northern and southern California, including Anderson, Mount Shasta, Wildomar, and Eastvale.

Patrick Hindmarsh, Senior Associate, Environmental Services Patrick will serve as key environmental staff on the project. Patrick has over 24 years of experience in planning and environmental analyses and preparing and editing a variety of technical sections, EIRs, and studies. Prior to joining PlaceWorks, Patrick was a CEQA project manager at Michael Baker International. He has managed environmental (CEQA) documents for complex projects, including large-scale and multidisciplinary development projects. He managed and oversaw all aspects of environmental document preparation, including directing technical writing and technical analyses; review/revision of technical staff work; supervising subconsultants and internal environmental staff, managing budget and schedule, maintaining client contact, and presenting environmental findings before Planning Commissions, Boards of Supervisors, and at other public hearings and meetings.

Lexie Zimny, Project Planner
Lexie will serve as key environmental staff. Lexie works with the PlaceWorks Environmental Team supporting the analysis and preparation of California Environmental Policy Act (CEQA) documents as well a variety of planning elements. She has researched and written analysis for all environmental resource areas and specializes in noise monitoring and analysis. She also has technical experience in a variety of software including ArcGIS, Sketchup, AutoCAD, and the Adobe Creative Suite and continues to improve her skills in these areas. Her passion in planning stems from a desire to help communities make well-informed and inclusive decisions about their future while finding creative and accessible ways to communicate complex information pertinent to these decisions.

Jessica Mendoza, Project Planner
Jessica will serve as key environmental staff on the project. Jessica holds passions for environmental justice projects, public outreach, urban planning, and policy research. As an Environmental Planner, she hopes to help support environmental projects and engage in meaningful public outreach. She supports the Environmental Planning Team at PlaceWorks to bring about a variety of environmental projects throughout the state. Currently, Jessica is 148 September 12, 2023
working on CEQA analysis for housing elements for Contra Costa County and the City of Benicia, as well as an Environmental Impact Report for Butte County.

Rob Mazur, Associate Principal, Director of GIS
Rob will offer GIS expertise on the project. Rob has extensive experience creating maps and datasets for a range of planning projects. He specializes in all facets of geodatabase development, data management, web GIS, and spatial and tabular analyses for improved decision making, information retrieval, and cartography. Rob excels at quantitative and spatial analysis, including buildout calculations, walkability, community health modeling, cartography, and land use scenario modeling. He works directly with clients and staff to develop effective, efficient, and informative GIS processes. Rob is well versed in advanced and current planning practices in both the public and private sector and has an excellent understanding of the relationship between data management and its importance in achieving service delivery standards for the work of community development and public works departments.

Rob has brought his GIS skills to a number of general plan updates throughout California and has managed a variety of mapping projects in Los Angeles County, the Bay Area, and beyond.

Tammy L. Seale, Principal
Tammy is a leader in the field of local climate action and resiliency planning, with over 25 years of local environmental and land use planning experience.

She collaborates with communities to holistically address sustainability, climate change, and resiliency in local environmental and land use plans and implementation programs, including comprehensive plans, climate action plans, hazard mitigation plans, and zoning codes. She leads planning processes that are informed by robust technical analysis, such as climate change vulnerability assessments and GHG emissions inventories. She also leads inclusive, meaningful engagement with agencies and community stakeholders to develop effective and locally appropriate climate mitigation and adaptation strategies.

Eli Krispi, Senior Associate
Eli works on planning projects to reduce environmental impacts, increase resiliency to a changing climate, and address equity and justice issues. As a planning and sustainability professional, he draws on experience implementing sustainable policies, a science-based education focused on the nexus of the built environment and the natural world, and a data-driven analytical approach to problem solving. Eli’s work includes climate action and adaptation plans, public safety and hazard plans, and environmental justice and resilience strategies, along with comprehensive planning efforts. His current projects include 149 September 12, 2023
the Contra Costa County General Plan and Climate Action Plan, the Solano County regional Safety and Environmental Justice Element updates, and the City of Salinas General Plan and Climate Action Plan, among many others.

Amanda Lukondi, Word Processor
Amanda has over 8 years of experience working collaboratively with project managers and various levels to staff to prepare winning proposals, presentations, prequalifications, award submissions, and client deliverables.

Her primary duties include template creation, formatting, review, editing, production, and delivery of final word and PDF documents. She also has a successful history of working parallel alongside project managers and their teams by providing project assistance, coordination, quality review, project setups, and task monitoring and implementation to ensure project deadlines are met.

Becky Golden-Harrell, Technical Editor
Becky is a technical editor with 19 years of professional experience editing complex, multidisciplinary technical manuscripts. Becky also has many years of experience managing and directing complex projects from manuscript preparation to publication at academic and commercial publishing houses.

Her areas of expertise lie in many areas, including coordinating large projects prepared by multiple authors and ensuring resulting work has a consistent style, tone, and terminology. Becky has experience establishing and maintaining guidelines and standard practices for formatting, editing, and producing documents.

She manages workflow for large, complex projects – defining and maintaining schedule and budget to ensure on-time, on-budget completion and provides excellent editorial support tailored to needs and schedules of individual projects. Other tasks include providing feedback and direction to authors regarding writing and project style, as well as overall editorial quality check for documents. 150 September 12, 2023
Qualifications
PlaceWorks has provided housing services since 1988. We have prepared Housing Elements, analyses of impediments to fair housing, strategic plans, pro formas, housing demand studies, and video productions. Our staff have prepared over 100 Housing Elements. PlaceWorks has also received numerous awards from the state chapter and local sections of the American Planning Association.

Few firms can offer our breadth of services or the resume of awards that demonstrate our project innovation and quality. Whether the focus is on revitalizing corridors with housing, incorporating an economic perspective into land use decisions, or integrating community health, we integrate this expertise into our housing plans.

Our housing philosophy is rooted in the belief that the housing we reside in and the neighborhoods where we live are fundamental to our communities and the quality of life offered to residents and the workforce. Successful communities are those that can embrace the value of housing and neighborhoods and can develop innovative programs to support housing. As we work with cities to plan for housing, we are guided by the following three principles.

1. Housing Strengthens Neighborhoods: Quality affordable housing and the neighborhoods where we live are critical to personal and family well-being. Quality housing provides a safe living environment for people of all ages. Strong neighborhoods with the appropriate mix of amenities are also essential to quality of life. In crafting our housing plans, we look for innovative ways to incorporate housing and amenities in a way that strengthens neighborhoods.

2. Housing Creates Jobs and Economic Prosperity: Housing brings tremendous economic value to a community—it creates jobs, improves property values, and brings tax revenue into a city or county. A home is also the most valuable asset many Americans will own. We understand the economic value of housing, both to the resident and the community. Working with the development community, we also understand the economics behind housing and what it takes for investments to be made.

3. Housing Addresses Lifestyle Needs: Housing products continue to evolve to meet lifestyle needs in our cities and counties, and our housing plans should be responsive to these industry changes.

Our work with the development industry allows us to bring the latest in housing products to our housing work. Whether it is intergenerational housing concepts, mixed-use, transit-oriented housing, or affordable housing, our housing plans reflect the latest in product innovation.

Project Experience
PlaceWorks staff bring decades of work supporting local agencies with HCD compliance. We have recently completed 46 Housing Element updates during the 6th cycle. We also have considerable expertise with preparing inclusionary housing ordinances, analyses of impediments to fair housing 151 September 12, 2023
choice, consolidated plans, annual action plans, housing condition, and income surveys, as well as acting as an extension to local staff to help with housing element implementation and Annual Housing Element report submittal to HCD.

Housing Elements: PlaceWorks understands that each community has unique housing conditions and challenges and understands the complex regulatory requirements that accompany the housing element certification process. We use our experience and knowledge to work with local governments to gain an understanding of each community’s unique housing needs and strategies to produce a user-friendly Housing Element. We have extensive experience with preparing housing elements for small to large cities and counties, as well as for urban and rural communities (see Figure 1).

Experience with HCD: PlaceWorks maintains strong and effective working relationships with HCD reviewers. Over the course of assisting cities and counties with their housing elements, we have worked closely with staff at HCD. We strive to understand updates to state law and HCD goals and serve as a liaison between HCD staff and the communities we work with. Reaching a consensus with HCD is a negotiation process, and we are committed to representing the City’s best interests in that process. By maintaining close contact with HCD and representing the needs of our clients, we have never failed to obtain certification of any of the housing elements we have prepared. Our proximity to HCD’s office in Sacramento makes it easy for us to meet with HCD staff as needed.

HCD SB 2 AND LEAP/REAP TECHNICAL ASSISTANCE
On behalf of HCD, PlaceWorks has provided technical
assistance to help launch and implement the SB 2 Planning Grants Program and the Local and Regional Accelerating
Housing Production (LEAP/REAP) Program.

For SB 2, PlaceWorks helped HCD staff and jurisdictions identify planning tools and projects to leverage the program’s $125 million allocation to increase housing production. Sample projects included targeted general plan updates, community plans and specific plans, by-right zoning, objective design standards, ADU plans, streamlined environmental analyses, and process updates to improve and expedite local permitting. The LEAP/REAP program built on these efforts to establish a new statewide “pro-housing designation,” create toolkits to help implement state housing legislation, and develop a statewide database showing various indicators related to equity and affirmatively furthering fair housing. For both projects, PlaceWorks conducted outreach throughout the state and provided direct assistance to all 540+ cities and counties through 11 regional liaisons.

PlaceWorks also developed an online GIS portal of planning grant information to enhance HCD’s internal review processes and push out information to jurisdictions. These two efforts represented the first statewide grant programs for which every city, county, and region in the state was eligible Reference
Paul McDougall, Housing Policy
Division, State of CA Housing and
Community Development |
916.263.7420 |
152 September 12, 2023
for an over-the-counter funding award. The PlaceWorks team achieved an extremely high level of participation commensurate with its outreach and technical assistance efforts. Overall, the programs have achieved over a 90 percent participation rate, with 93 percent of available funds requested or awarded.
2021-2029 (6TH CYCLE) PLACER COUNTY HOUSING ELEMENT UPDATE The PlaceWorks team prepared the County’s 6th Cycle
Housing Element update, which included an evaluation of existing housing programs; a housing needs analysis;
identification of housing resources and opportunities;
housing constraints analysis update; and housing goals, policies, programs, and quantified objectives updates. The PlaceWorks team prepared a memo for the County to address environmental justice concerns for locally identified disadvantaged communities, as well as preparing an environmental addendum to the 2013 IS/ND.

PlaceWorks is also currently working with the County to update the Health and Safety Element in the County’s existing General Plan. This update builds resilience among Placer County community members, buildings, infrastructure systems, and other important community assets. The update responds to updated state requirements and incorporates recent County planning efforts, including the Placer County Sustainability Plan, the Community Wildfire Protection Plan, and the Lake Tahoe Climate Adaptation Action Portfolio, among others. The updated Health and Safety Element will provide a framework for more comprehensive protection against issues such as wildfire, drought, pandemics, and extreme temperatures, among others.

LIVERMORE GENERAL PLAN UPDATE, HOUSING ELEMENT UPDATE, AND EIR As part of the Comprehensive General Plan Update being led by PlaceWorks, the PlaceWorks Housing Team worked with
City staff, decision makers, and the community to update the 2023-2031 Housing Element. Key issues included
affirmatively furthering fair housing (AFFH), identifying sites to address the City’s RHNA and crafting feasible and proactive programs and actions to implement the Housing Element. The Housing Element update was completed in Winter 2023.

Reference
Shawna Purvines, Deputy Director,
County of Placer | 530.745.3031 |
[email protected]
Reference
Steve Stewart, Planning Manager,
City of Livermore | 925.960.4468 |
[email protected]
153 September 12, 2023
Figure 1 PlaceWorks’ Housing Element Experience
154 September 12, 2023
2023 – 2031 (6TH CYCLE) ALAMEDA HOUSING ELEMENT AND ON-CALL HOUSING

ASSISTANCE
On June 15, 2009, the City of Alameda received an eight-page list of issues based on its draft Housing Element that dated back to 2001 when the Housing Element was conditionally certified based on a lengthy list of conditions, including rezoning land from Alameda Point, the naval base that still has control of the property. As a result, the City’s Housing Element had not been certified since the early 1990s. PlaceWorks staff, while with a previous firm, were hired to assist the City with addressing HCD’s compliance letter. The team worked closely with the Planning Department to create an Affordable Housing Overlay that would allow development at 30 units an acre to meet the default density in the city. The Housing Element successfully achieved conditional certification within six months. PlaceWorks staff, while with a previous firm, assisted the City with Housing Element implementation and preparation for the 5th Cycle Housing Element update and currently provides on-call staffing assistance. PlaceWorks staff just assisted the City of Alameda with 6th Cycle compliance after one round of review.

SAN LUIS OBISPO COUNTY HOUSING ELEMENT UPDATE
The PlaceWorks Housing Team prepared the County of San
Luis Obispo 2020-2028 Housing Element. Amy Sinsheimer
was the Project Manager and Jennifer Gastelum was the
Project Director. The team’s work on the update included public workshops, an online survey, and hearings with the Planning Commission and Board of Supervisors. The updated document addressed the housing needs in the County and updates to State law along with analyzing sites to satisfy the City’s RHNA numbers. The team worked closely with County staff and adopted the Housing Element in time to meet the HCD deadline for adoption. The PlaceWorks team also prepared an analysis of accessory dwelling unit (ADU) affordability throughout the county that supported the County and other county jurisdictions’ ADU analysis in their Housing Element updates.

YUBA COUNTY HOUSING ELEMENT, SAFETY ELEMENT, AND DEVELOPMENT CODE UPDATE
PlaceWorks worked with Yuba County to prepare an update to the County’s Housing Element, Safety Element, and
Development Code. Spanning from the floor of the
Sacramento Valley to the peaks of the western Sierra Nevada, Reference
Airlin Singewald, Planning Manager,
County of San Luis Obispo |
805.781.5198 |
[email protected]
Reference
Andrew Thomas, Planning Director,
City of Alameda | 510.747.6805 |
[email protected]
Reference
Kevin Perkins, Assistant CDD, Yuba
County | 530.749.5470 |
[email protected]
155 September 12, 2023
Yuba County is faced with a range of public safety issues, including extreme temperatures, flooding, drought, and wildfire. The Safety Element update helped to address these issues by conducting an extensive vulnerability assessment of the effects of climate change on populations and assets in Yuba County, analyzing gaps in the current Safety Element in response to community needs and changes in State law, and developing new policies and mapping to address the identified challenges. The 6th cycle Housing Element update analyzed the areas suitable for housing and identified sufficient sites to address the RHNA assigned to the unincorporated county. It also evaluated programs needed to address housing needed through 2029. Updates made to the Development Code addressed state housing law and implemented some of the County’s Housing Element programs.

Approach
PlaceWorks understands that the City requests assistance in preparing its 6th-cycle Housing Element update for submission to HCD in accordance with state laws, regulations, and statutes since the last Housing Element adoption. The current Housing Element will serve as the foundation for the 2023-2031 Housing Element update.

This effort will include public outreach and coordination with HCD during the Housing Element update process. PlaceWorks will review the City’s existing Housing Element, work with City staff to identify key housing stakeholders, and provide public outreach services. We will also prepare the updated element using input from City staff and HCD as necessary to ensure compliance with recently passed state housing legislation and current state housing element law.

PlaceWorks will submit the updated Housing Element for HCD approval and attend City Council hearings for review and adoption. Our scope of work follows this approach and focuses on achieving state certification by early 2025. If possible, we hope to assist the City with achieving conditional approval of the Housing Element after the first round of HCD review to accelerate the schedule; however, it is far more typical in the last couple years for Housing Elements to need to go through two rounds of HCD review before receiving conditional approval. Therefore, we have included a schedule and scope of work that assumes two rounds of HCD review.

We are flexible regarding the proposed scope of work and will work with you to fine-tune any additional details when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project. We have extensive experience working with HCD— completing over 100 certified housing elements since 2008. 156 September 12, 2023
Work Program
This section describes the scope of services to be completed by PlaceWorks for the City of California City Housing Element Update. To facilitate your review of this proposal, we have prepared a concise scope that emphasizes key components of our approach to this project. We are flexible regarding the proposed scope of work and will work with you to fine tune the scope when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project.

Task 1. Project Kick-off Meeting
PlaceWorks will prepare for and attend a virtual kick-off meeting to exchange information, refine the scope and schedule, and initiate work. At the meeting, we will:
• Determine staff contact protocol.
• Review and finalize the scope of work and schedule.
• Review Housing Element legal requirements.
• Identify stakeholders.
• Provide a list of data needs.

Task 1 Deliverables:
» Kick-off meeting agenda, data needs list, and meeting minutes (electronic copies).

Task 2. Project Management and Coordination
Task 2.1 Housing Element Project Management
PlaceWorks will communicate with City staff via phone and email throughout the project. In addition, PlaceWorks’ project team will:
• Lead Zoom check-in discussions once per month which will include one or two appropriate PlaceWorks team members.
• Provide an internet-based folder for all project materials accessible to the City and consultants. • Reallocate any remaining funds to other tasks within the scope when tasks are completed under budget.
• Send all draft documents through quality control in advance of submitting to the City for review.
• Act as a liaison to ensure successful communication and coordination with HCD over the course of the project.
157 September 12, 2023
Task 2.1 Deliverables:
» Once a month virtual meeting until the Administrative Draft Housing Element is prepared (8 meetings).
» Monthly virtual check-in meetings after the Administrative Draft Housing Element is complete until the draft is submitted to HCD for review (4 meetings). » Monthly progress reports that accompany the invoice.

Task 2.2 Safety Element Project Management
PlaceWorks will communicate with City staff via phone and email throughout the Safety Element portions of the project.

Task 2.2 Deliverables:
» Regular communication with City staff as needed.

Task 3. Community Outreach and Engagement
Focused and meaningful community engagement is an important part of the Housing Element update process. California Government Code Section 65583(c)(7) requires: “The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.” PlaceWorks recommends a community outreach program consistent with state and federal laws.

However, flexibility in community participation is essential. PlaceWorks will collaborate with City staff to adjust and customize our community involvement strategy during our initial kick-off meeting as needed. Our philosophy is to bring the most innovative, effective, and efficient approach to your project. We believe in an iterative process for community engagement that breeds robust and valuable results. We understand that unique situations require creative approaches, and we are always looking to revisit, revise, and improve as we collaborate with you on this process. PlaceWorks’ outreach strategy will include outreach activities throughout the Housing Element update process.

Task 3.1 Stakeholder Consultations
PlaceWorks has been conducting virtual stakeholder interviews with organizations representing different socioeconomic members of the community to identify housing needs. We have found these consultations to be a valuable way of getting targeted input. We will work with City staff to develop a list of 3 to 5 organizations, and we will conduct a phone or email survey to discuss the issues and housing-related needs of their clients.

Task 3.1 Deliverable:
» 3 to 5 completed consultations to be included in the Housing Element. 158 September 12, 2023
Task 3.2 Planning Commission and City Council Joint Study Session/Community Outreach Meeting (1)
One study session with the joint Planning Commission and City Council, that the community will be invited to attend at the start of the project to inform them of the new laws and the project schedule and to answer any questions at the beginning of the project.

Task 3.2 Deliverables:
» Information for the staff report, draft and final PowerPoint presentations for the meeting and in-person attendance one study session.
» Attendance by two PlaceWorks staff members at one in-person workshops where the public is invited to attend.
» Promotional flyer.
» PowerPoint presentation.
» Summary notes incorporated in the Housing Element.

Task 3.3 Planning Commission and City Council Hearings (4) We propose to attend four public hearings, two with the Planning Commission and two with the City Council. One meeting with the Commission and one with the Council would occur at the time the Public Draft Housing Element is first made available. The second two meetings with these bodies would occur at the time of Housing Element adoption.

Task 3.3 Deliverables:
» PlaceWorks will prepare draft and final PowerPoint presentations for each meeting along with media information for posting on the City website, and in-person attendance at four public hearings.
» We are assuming virtual attendance at these four meetings.

Task 4. Housing and Special Housing Needs
Task 4.1 Housing Needs Assessment
PlaceWorks will update the needs analysis pursuant to Government Code Section 65583 with data from the preapproved HCD data packet, U.S. Census data, American Community Survey, and other relevant sources. PlaceWorks will coordinate with staff to evaluate housing conditions using stateapproved criteria. The updated needs analysis will include the following. • Population and Demographics: Population trends and projections, race and ethnicity, and population age.
• Household Characteristics: Number, size, and type of existing households and characteristics of lower-income households (including extremely low).
159 September 12, 2023
• Employment and Income: Employment by industry, occupation of employed residents, and income trends.
• Housing Stock Characteristics: Housing types and conditions, overcrowded households, and vacancy rates.
• Housing Costs and Affordability: Home sale price trends, rental costs, affordability for households at all income levels, and overpayment.
• Special Housing Needs: Special housing needs of persons with disabilities (including persons with developmental disabilities), seniors, large households, and female-headed households. • At-Risk Housing: Inventory and analysis of existing affordable units at risk of converting to market rate during the planning period.
• Opportunities for Energy Conservation: Pursuant to Senate Bill (SB) 375 and AB 32, an inventory and analysis of opportunities to encourage the incorporation of energy-saving features, energy-saving materials, and energy-efficient systems and design for residential development.

Task 4.1 Deliverables:
» Housing Needs Assessment to be included in the Administrative Draft Housing Element.

Task 4.2 Affirmatively Furthering Fair Housing (AFFH) Assessment AB 686 requires each city or county to take actions to overcome patterns of segregation, address disparities in housing needs and access to opportunity, and foster inclusive communities. The City will need to include an assessment of fair housing practices, examine the relationship of available sites to areas of high opportunity, and include actions to affirmatively advance fair housing. The California Tax Credit Allocation Committee (TCAC)/HCD Opportunity Maps will be included as well as approved HCD maps that are intended to display the areas, according to research, that offer low-income children and adults the best chance at economic advancement, high educational attainment, and good physical and mental health. The goal of AB 686 is to ensure available sites for low-income housing are in high-resource areas. It will be important to demonstrate adequate sites throughout the City and meaningful actions to overcome geographic disparities.

Task 4.2 Deliverables:
» AFFH Assessment to be included in the Administrative Draft Housing Element.

Task 5. Housing Constraints
PlaceWorks will update the analysis of potential and actual governmental and nongovernmental constraints to meeting housing needs, including constraints to maintenance, improvement, and development of housing (pursuant to California Government Code Section 65583(a)(4,5)).

Potential constraints to be reviewed include any land use controls, fees and exactions, permit processing procedures, building codes and code enforcement, land and construction costs, and the availability of financing. We will identify potential programs and strategies to reduce or remove 160 September 12, 2023
identified constraints. This task will include all the analysis needed to comply with recent updates to state housing law.

Task 5 Deliverables:
» Included in the Administrative Draft Housing Element Constraints chapter.

Task 6. Review of Existing 2014-2022 Housing Element
PlaceWorks will work closely with the City to determine the status, effectiveness, and appropriateness of the previous housing programs. We will gather and document all available information regarding specific accomplishments. We will identify content to drop, change, or add.

Findings from the evaluation will be detailed in a matrix to be included in the draft Housing Element and used as a basis for program revisions for the remainder of the planning period. PlaceWorks will populate the first draft of this matrix with what has been written for the annual progress reports by staff and narrate that information into a response that will meet HCD’s expectations along with additional follow up questions for City staff to answer that will help to respond to HCD. We can then schedule a conference call with City staff to work on responding to all the accomplishments.

We will send the review matrix to the City to provide input before including it in the Administrative Draft Housing Element.

Task 6 Deliverables:
» Included in the Administrative Draft of the Review of Previous Housing Programs chapter.

Task 7. Sites Inventory
We assume that the City will be able to identify enough sites to meet the 6th-cycle Regional Housing Needs Assessment (RHNA) allocation. We will work with City staff to create an HCDapproved land inventory that includes current vacant sites.

Task 7.1 Housing Parcel Identification Analysis
PlaceWorks will build on the current sites inventory and work with the City to determine which sites are still viable RHNA sites. While the City’s RHNA for the 6th cycle Housing Element is 427 units which includes 64 units of high-density (30 units an acre) zoned land. The analysis of sites will be based on new state law requirements, including, but not limited to:
• Additional analysis for sites smaller than one-half acre and larger than 10 acres. • Additional analysis for underutilized sites.
• Identify sites included in the past two Housing Element cycles that are now required to allow 20 percent affordable housing by-right.
• Identify if sites are publicly owned.
161 September 12, 2023
• Indicate whether a site has available or planned and accessible infrastructure.

PlaceWorks will request GIS shapefiles with parcel level data from the City to help populate the land inventory. We will work with the City to identify sites to meet the RHNA. For this task, our approach is as follows:
• Incorporate the RHNA for the 2023-2031 cycle.
• Document potential sites. We will prepare an inventory, map, and analysis clearly illustrating the City’s capacity to accommodate the new RHNA. In keeping with state law, PlaceWorks will document the realistic development capacity of each site and will prepare a map showing all identified sites.
• Investigate alternative RHNA credits. This includes analyzing the capacity for alternative RHNA credits for accessory dwelling units (ADUs) and preservation of existing at-risk affordable housing projects.
• Ensure sites affirmatively further fair housing. We will analyze the sites identified in the inventory to ensure they are located throughout the community in a manner that affirmatively furthers fair housing.

Task 7.2 Infrastructure Analysis
PlaceWorks will work to determine if parcels in the inventory have sufficient water, sewer, and dry utilities available and accessible to support housing development. The analysis will include sufficient detail to determine whether the service levels of water delivery/treatment systems and sewer treatment facilities are sufficient and have capacity to accommodate development on sites identified to accommodate the RHNA.

Task 7.3 Financial and Programmatic Resources
PlaceWorks will update financial, physical, and programmatic resources available for affordable housing programs, including local and state funding programs and private-sector resources. We will assess current and potential housing programs to recommend future programs that will support the City’s housing objectives.

Task 7.4 Electronic Housing Element Site Inventory Form Pursuant to SB 6 (Chapter 667, Statutes of 2019), jurisdictions adopting a Housing Element on or after January 1, 2021, must prepare an electronic copy of the final inventory of parcels using HCDapproved Excel spreadsheets and must submit it to HCD with the Housing Element. PlaceWorks will prepare the electronic land inventory to submit to HCD upon adoption of the Housing Element. 162 September 12, 2023
Task 7 Deliverables:
» Sites chapter and financial and programmatic resources included in the Administrative Draft of the Housing Element.
» Site Inventory on HCD’s Electronic Inventory Form submitted to HCD with Adopted Housing Element.

Task 8. Housing Goals, Policies, Programs, and Quantified Objectives
PlaceWorks will work with City staff to update goals, policies, programs, and quantified objectives (pursuant to California Government Code Sections 65583 et seq.) to address identified housing needs and constraints based on the effectiveness and continued appropriateness of existing programs, information received through public outreach, the analysis of constraints, and findings from the needs assessment. Programs will describe specific steps for implementation and will identify a time frame and responsible department. Programs will address:
• New state requirements since adoption of the existing Housing Element. • Consistency and compliance with the rest of the City’s General Plan elements and community goals.
• Development controls and regulatory incentives.
• Housing opportunities for all residents, including seniors, those with disabilities, homeless persons, and other special-needs groups.
• Fair housing programs.
• Sources of affordable housing funding.
• Preservation and improvement of existing affordable housing. • Development of adequate housing and infrastructure to meet the needs of low- and moderate-income households, in keeping with the regional fair-share allocation. • Mitigation of governmental constraints to providing and improving housing.

Task 8 Deliverables:
» Administrative Draft of the Goals, Policies, Programs and Quantified Objectives chapter.

Task 9. Draft Housing Element
Task 9.1 Administrative Draft
PlaceWorks will incorporate the feedback received during the community meetings and stakeholder consultations into a comprehensive, formatted Administrative Draft Housing Element. PlaceWorks will submit the Administrative Draft Housing Element to City staff for 163 September 12, 2023
review as an electronic copy in Microsoft Word along with a PDF of the combined Administrative Draft. Any outstanding data still needed from the City will be flagged so it can be addressed during City staff’s review. We request that we receive one consolidated set of City comments on the Administrative Draft.

Task 9.1 Deliverables:
» One electronic copy (in MS Word) along with a combined PDF of the Administrative Draft and one reproducible hardcopy of the Administrative Draft Housing Element.

Task 9.2 Public Review Draft
PlaceWorks will address staff comments on the Administrative Draft and reply to any questions.

We will incorporate comments and revisions from staff’s review of the Administrative Draft, as directed. PlaceWorks will then prepare and submit a Public Review Draft Housing Element to present at public hearings.

Task 9.2 Deliverables:
» One electronic copy (in MS Word) along with a combined PDF of the Public Draft and one reproducible hardcopy of the Public Review Draft Housing Element to be posted on the City’s website for 30 days at a minimum.

Task 9.3 HCD Review Draft
After the public draft has been available to the public for at least 30 days, PlaceWorks will address public comments received on the draft Housing Element (no more than four hours), summarize and incorporate them into the Public Review Draft, and prepare a second Public Review Draft for submittal to HCD for review.

Task 9.3 Deliverables:
» One electronic copy (PDF) and one hard copy of the HCD Review draft to send to HCD with a cover letter for their 90-day review.

Task 9.4 Second HCD Review Draft
PlaceWorks will work with City staff to address HCD’s comments and incorporate them into the third Public Review for posting on the City’s website for seven days and then for submittal to HCD for an additional 60-day review. PlaceWorks will send the 2nd draft Housing Element to HCD for their 60-day review.

Task 9.4 Deliverables:
» One electronic copy (PDF) and one hard copy of track changes of the HCD Review draft to send to HCD with a cover letter for their 60-day review. 164 September 12, 2023
Task 9.5 Final Adoption and Certification
PlaceWorks will prepare a final Housing Element that incorporates changes to the HCD Draft from City staff, HCD, or public comments. Following adoption of the Housing Element, PlaceWorks will submit the final Housing Element to HCD for final certification. The City will be responsible for submitting the Housing Element to the water/sewer districts and Office of Planning and Research.

Task 9.5 Deliverables:
» Electronic copies (PDF) and one hard copy of each version of the final draft to the City and to HCD with a cover letter for their 60-day certification review. One clean version and one showing all changes made will be included.
» The adopted Housing Element will have the date of adoption prominently displayed on the front cover.

Task 10. State Certification
PlaceWorks staff maintains strong working relationships with HCD reviewers. Our staff is very familiar with HCD’s processes, staff, and what steps need to be taken to ensure Housing Element certification.

PlaceWorks will serve as the City’s liaison to HCD. This service will include:
• Respond to comments on the first draft Housing Element from HCD (90-day initial review). • Respond to comments on the second draft Housing Element from HCD (60-day review). • City staff will be included in all calls and emails with HCD staff to discuss comments.

Task 10 Deliverables:
» Emails and memoranda to address HCD questions and comments, as needed. » Versions of the Housing Element with proposed revisions to the Housing Element resulting from HCD comments shown in a tracked-changes format for review and approval by City staff and subsequent posting to the City website during HCD review periods.
» Following certification of the Housing Element by HCD, PlaceWorks will provide one electronic copy in Word and one electronic copy in PDF.

Task 11. CEQA Compliance
The appropriate level of environmental analysis will depend on the extent of land use and policy change proposed in the Housing Element. This scope includes preparation of an initial study to help organize the substantial evidence needed to support the environmental conclusion. Depending on the results of the initial study, it may be possible for the City to approve the update using an Addendum to the previously prepared General Plan EIR. It may also be possible to prepare a Notice 165 September 12, 2023
of Exemption. One option (either Addendum or Exemption) shall be selected in consultation with the City during the project.

Task 11.1a Addendum
As one option for addressing the environmental review requirement for the Housing Element, PlaceWorks can draft an addendum to the City’s General Plan EIR. The addendum will be prepared pursuant to CEQA Guidelines Section 15164. Because existing land use designations will not change, we do not believe that the update of policies would trigger new significant impacts. The use of an addendum significantly shortens the time period for consideration of the project.

PlaceWorks will provide an administrative draft addendum following a format discussed during the kickoff meeting. Our default format for an addendum follows the findings in CEQA Guidelines Section 15162. All impacts identified in the General Plan EIR will be reviewed in the context of the proposed changes. One administrative draft will be provided for City review. The final draft of the addendum will be used to support the CEQA determination during the hearing(s) for the proposed project.

Task 11.1(a) Deliverables:
» Administrative Draft Addendum, Final Addendum, Assistance with Resolution and Staff Report Language.

Task 11.1b Exemption
A second option for the environmental review of the Housing Element is to find the Housing Element update exempt from CEQA. Because the changes to the Housing Element are limited to procedural changes and updates to policies necessary to meet state requirements, there are no direct or indirect physical changes to the environment. The California Environmental Quality Act allows an agency to adopt an exemption for projects when it can be seen with certainty that there is no physical change to the environment. In this instance, the changes to the Housing Element are minor, and all future construction is subject to the existing regulations, ordinances, and laws that affect all construction.

Because there is no change to the environment, the commonsense exemption would apply. Section 15061(3) of the CEQA Guidelines states “The activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” In this context, the local jurisdiction would determine that the proposed Housing Element is a project as defined by CEQA, but that there is no possibility that the project would result in a significant effect on the environment and therefore qualifies for the commonsense exemption. PlaceWorks would provide a short memorandum to accompany the exemption explaining the changes 166 September 12, 2023
proposed in the Housing Element and why there would be no impact. The memorandum and the exemption would accompany the staff report at the adoption hearings for the project. One administrative draft and one final draft of the document will be prepared.

Task 11.1b Deliverables:
» Prepare a short memorandum to accompany the Exemption for the staff report, one Administrative Draft document, Final Draft document
» Approved documents will be submitted to the State Clearinghouse and Governor’s Office of Planning and Research (OPR).

Task 11.2 SB 18 and AB 52 Consultation
PlaceWorks will assist the City by completing the Native American Heritage Commission (NAHC) online form requesting a tribal contact list. Using the addresses on the list from NAHC, PlaceWorks will draft letters (for distribution on City letterhead) to each of the tribes on the NAHC list inquiring whether they want consultation. While not required for an Addendum, we recommend AB 52 notification to cover the rezoning activities. It is a small additional scope and cost but can help relieve issues later in the process. To comply with AB 52, letters will be prepared for any tribes who have requested consultation pursuant to AB 52.

As consultation for AB 52 and Section 21080.3.1 of CEQA is a government-to-government process, it must be initiated by the local governmental agency, and counties are usually represented at the consultation(s). PlaceWorks can facilitate and attend the consultation(s); however, the City must be represented. Pursuant to SB 18, tribes identified by NAHC will receive a written letter notifying them of the proposed project and asking if they wish to consult; tribes who notified the City under AB 52 will also be notified of the project and asked if they desire to consult in accordance with AB 52 and Sections 21080.3.1 and 21080.3.2 of CEQA. Following the consultation meeting (or conference call), PlaceWorks will provide the written outcome of the process and a record for the environmental documentation showing that AB 52 consultation has been completed. Completion of the AB 52 process is needed prior to circulation of the environmental document for public review. Completion of the SB 18 process is needed prior to acting on the project.

Task 11.2 Deliverables:
» Draft letter to NAHC; draft letters to identified tribes; facilitation, attendance, and documentation of requested consultations; and written results of consultation, including closure of AB 52 consultation. The City should have a list of Tribes who have requested consultation for projects as part of the AB-52 requirements. Our experience has been that the Tribes typically do not consult, or have a very brief consultation, for Housing Elements as there is no ground disturbance or entitlement process that requires monitoring. The SB-18 process is linked to the General Plan Amendment process and is a function of the NAHC list sent to the City upon request. Similar to the AB-52 process, we have not seen a high level of interest in consultation on the Housing 167 September 12, 2023
Element, as it is policy based. As such, we assume 8-16 hours of total time for consultation. This includes requesting the NAHC and sending letters to the tribes listed, as well as sending the same letter to the AB-52 list. We assume 26 tribes will request consultation resulting in conference calls rather than in-person meetings given the policy focus of the project. Note that a representative from the City should be present during the consultations as they are government to government and consultants alone are often not enough to meet this requirement. PlaceWorks can take the lead on the consultation meeting if needed. The exact role and approach for PlaceWorks for the consultation would be discussed ahead of time. Note that AB-52 consultation is not required if an Addendum or Exemption is used; all other CEQA compliance methods require AB-52. SB-18 compliance is required because of the General Plan Amendment.

We additionally recommend that the consultation process be started as soon as possible to ensure that completion does not delay consideration of the project.

Task 12. Safety Element Review
PlaceWorks worked closely with the Governor’s Office of Emergency Services and the Governor’s Office of Planning and Research to prepare the Adaptation Planning Guide, which provides guidance to local governments on how to prepare climate vulnerability assessments and integrate climate change adaptation into general plans, consistent with SB 379. We have prepared dozens of safety elements and general plans in recent years that comply with SB 379 and other relevant State laws and have excellent working relationships with mandatory review agencies, including CAL FIRE.

State law requires local planning agencies to review, and, as necessary, to update, their Safety Elements upon each revision of the housing element or hazard mitigation plan, but not less than once every eight years to ensure consistency with State requirements (refer to California Government Code Section 65302(g)(6)). Updating the housing element triggers this requirement to review the City’s General Plan and assess its conformance with current requirements, specifically for safety elements, and if not, to update it as needed.

Task 12.1 Review Existing Safety Element
We propose to review the City’s General Plan for conformance with California Government Code Section 65302(g), as updated by SB 1241, 379, 1035, and 99, among others. We would review the existing General Plan, including the Public Safety, Natural Hazards, and Climate Change chapters and Technical Background Report to identify existing content that complies with State law and identify any gaps in the existing General Plan, including those created by recent changes to state legislation or emerging best practices. Following this review, PlaceWorks will prepare a memo that provides the results of our crosswalk review and recommendations, if any, for how the General Plan can be updated to conform with existing requirements for safety elements. 168 September 12, 2023
This review does not include an update of the existing Safety Element. Upon review of PlaceWorks’ recommendations for revisions to comply with the existing requirements for Safety Elements, if staff determines an update of the General Plan is needed, PlaceWorks can provide a tailored scope of work and budget for that work separately. We understand the City has limited resources and welcome the opportunity to collaborate with staff to identify streamlined and efficient options for an update of the general plan, if needed.

Task 12.1 Deliverables:
» Draft and final memo summarizing results of review, including identification of content and sections to be updated and the estimated extent of a safety element update. 169 September 12, 2023
Proposed Schedule
PlaceWorks proposed schedule for completion of the City of California City Housing Element Update is shown in Table 1. As shown in the schedule, we anticipate that the project can be completed by January 2025, we understand this is past the state deadline for the City and we will work with City staff to try and cut down the schedule where possible to get the City into compliance. As the graphic schedule in Table 1 is broken out by month.

PlaceWorks has a strong track record in meeting project schedules and coordinating closely with its clients. Over years of managing projects similar to the City of California City Housing Element we have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times:
• We maintain an up-to-date schedule throughout the project to ensure that all team members are aware of upcoming meetings and product due dates.
• We stay in close, regular contact with staff and document important decisions about the project in writing, which ensures that decisions are understood by all team members. • We schedule project due dates for staff with adequate time for editing and formatting into finished reports.
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Table 1 Project Schedule
2025
Tasks August September October November December January February March April May June July August September October November December January Task 1. Project Kick-off
✓
Task 2. Project Management and Coordination
✓ ✓ ✓ ✓ ✓ ✓
Task 3. Community Outreach and Engagement

3.1. Stakeholder Consultations ✓ ✓ ✓

3.2. Community Meetings ✓ ✓

3.4. Planning Commission and Board of Supervisor Hearings ✓ ✓ ✓ Task 4. Housing and Special Housing Needs

4.1. Housing Needs Assessment
2023 2024

4.2. Affirmatively Furthering Fair Housing (AFFH) Assessment Task 5. Housing Constraints
Task 6. Review of the Previous 2015-2023 Housing Element Task 7. Sites Inventory

7.1 Housing Parcel Identification Analysis

7.2 Infrastructure Analysis

7.3 Financial and Programmatic Resources

7.4 Electronic Housing Element Site Inventory Form
Task 8. Housing Goals, Policies, Programs, and Quantified Objectives Task 9. Draft Housing Element and Public Hearings

9.1 Administrative Draft

9.2 Public Review Draft

9.3 HCD Review Draft

9.4 2nd HCD Review Draft

9.5 Final Adoption and Certification
Task 10. State Certification
✓ ✓
Task 11. CEQA Compliance

11.1 Addendum

11.2 Notice of Exemption

11.3 SB 18 and AB 52 Consultation
Task 12. Safety Element Review

12.1 Safety Element Review and Recommendations
PlaceWorks Preparation of Project Task
Staff Review of Work Products
Public Review
HCD Review
Meetings - Conference Calls or In-Person ✓
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Cost Estimate
As shown in Table 2, the estimated cost to complete the scope of work described in this proposal is $183,790 (assuming an Addendum is the CEQA document option). If an Exemption is prepared, the estimated cost is $181,515.

We are flexible regarding project costs and hope that you will not eliminate us from consideration on the basis of cost alone.

The billing rates for each team member are included in Table 2. We have also included our standard fee schedule below.

PlaceWorks bills for its work on a time-and-materials basis with monthly invoices.

PlaceWorks – 2023 Standard Fee Schedule

STAFF LEVEL HOURLY BILL RATE
Principal $210-$335
Associate Principal $195-$275
Senior Associate II $170-$260
Senior Associate I $160-$215
Associate II $135-$190
Associate I $125-$175
Project Planner $105-$165
Planner $90-$145
Graphics Specialist $90-$155
Administrator $145-$200
Clerical/Word Processing/Technical Editor $45-$150
Intern $80-$115
Subconsultants are billed at cost plus 10%.

Mileage reimbursement rate is the standard IRS-approved rate.

Possible Yearly Increase of 5% on bill rates.
172 September 12, 2023
Assumptions
This scope of work and cost estimate assumes that:
• Our cost estimate includes the meetings shown in the Project Schedule. Additional meetings would be billed on a time-and-materials basis. At least one of the following staff will attend each meeting: Amy Sinsheimer, Cynthia Walsh, or Jenny Gastelum. • All products will be submitted to the City in electronic (PDF) format. • PlaceWorks will provide a data request to City staff at the time of the kickoff meeting with data/resources PlaceWorks requests assistance from City staff in locating. • City staff will be responsible for meeting logistics, including schedule coordination, document production, printing notices, mailing costs, room reservations, room set-up and take-down. 173 September 12, 2023
Table 2 Cost Estimate
Gastelum Walsh Sinsheimer PlaceWorks Rogoff-Ezra Martinez Teague Hindmarsh Zimny Mendoza Mazur Seale Krispi Barker Principal-inChargeProject
Manager Outreach Associate Associate Project Planner Advisor Environmental Services Project
Planner
Project
Planner
Director of
GIS Principal Senior Associate Associate
Hourly Rate: $260 $205 $240 $160 $155 $125 $260 $235 $130 $130 $225 $250 $210 $155 $130 $135 $125 TASK 1. Project Kick-Off Meeting
2 6 6 6 20 $3,460 $3,460
Task 1. Subtotal 2 6 0 6 0 6 0 0 0 0 0 0 0 0 0 0 0 20 $3,460 $3,460 TASK 2. Project Management and Coordination
1 Housing Element Project Management 4 25 20 49 $9,365 $9,365 2 Safety Element Project Management 2 4 2 8 $1,650 $1,650 Task 2. Subtotal 4 25 0 20 0 0 0 0 0 0 0 2 4 2 0 0 0 57 $11,015 $11,015 TASK 3. Community Outreach and Engagement

3.1 Stakeholder Consultations 4 20 6 30 $4,770 $4,770

3.2 Study Session/Community Meetings (1) (in-person) 2 2 20 12 8 4 8 4 60 $11,090 $11,090

3.4 Planning Commission and Board of Supervisor Hearings (4) (virtua 4 28 8 8 4 52 $9,580 $9,580 Task 3. Subtotal 6 34 20 40 0 22 0 0 0 0 4 0 0 0 12 0 4 142 $25,440 $25,440 TASK 4. Housing and Special Housing Needs

4.1 Housing Needs Assessment 8 12 40 4 4 68 $9,580 $9,580

4.2 Affirmatively Furthering Fair Housing (AFFH) Assessment 4 26 50 16 4 8 108 $17,850 $17,850 Task 4. Subtotal 0 12 0 38 50 40 0 0 0 0 16 0 0 0 8 0 12 176 $27,430 $27,430 TASK 5. Housing Constraints
4 12 35 4 1 2 58 $8,535 $8,535
Task 5. Subtotal 0 4 0 12 0 35 0 0 0 0 4 0 1 2 0 0 0 58 $8,535 $8,535 TASK 6. Review of Existing 2019-2024 Housing Element
2 8 20 8 38 $5,190 $5,190
Task 6. Subtotal 0 2 0 8 0 20 0 0 0 0 0 0 0 0 0 0 8 38 $5,190 $5,190 TASK 7. Sites Inventory

7.1 Housing Parcel Identification Analysis 25 18 24 16 83 $14,605 $14,605

7.2 Infrastructure Analysis 8 14 22 $3,030 $3,030

7.3 Financial and Programmatic Resources 2 4 6 $820 $820

7.4 Electronic Housing Element Site Inventory Form 4 18 8 30 $4,070 $4,070 Task 7. Subtotal 0 29 0 28 0 60 0 0 0 0 16 0 0 0 0 0 8 141 $22,525 $22,525 TASK 8. Housing Goals, Policies, Programs, and Quantified Objectives 15 20 8 43 $7,275 $7,275
Task 8. Subtotal 0 15 0 20 0 8 0 0 0 0 0 0 0 0 0 0 0 43 $7,275 $7,275 TASK 9. Draft Housing Element

9.1 Administrative Draft 6 12 24 12 2 16 16 88 $13,780 $13,780

9.2 Public Review Draft 4 10 16 8 4 6 8 56 $9,360 $9,360

9.3 HCD Review Draft 2 10 8 2 4 6 32 $5,750 $5,750

9.4 Second HCD Review Draft 1 8 6 2 2 4 23 $4,060 $4,060

9.5 Final Adoption and Certification 2 4 1 1 4 12 $1,905 $1,905 Task 9. Subtotal 13 42 0 58 0 24 0 0 0 0 11 0 0 0 3 22 38 211 $34,855 $34,855 TASK 10. State Certification
8 24 36 8 16 8 100 $17,000 $17,000
Task 10. Subtotal 8 24 0 36 8 16 0 0 0 0 0 0 0 0 0 0 8 100 $17,000 $17,000 TASK 11. CEQA Compliance

11.1a Addendum 2 4 4 25 10 4 49 $7,440 $7,440

11.1b Exemption 1 2 4 20 5 2 34 $5,165 $5,165

11.2 SB 18 and AB 52 Consultation 1 2 4 4 11 $1,545 $1,545 Task 11. Subtotal 0 4 0 2 0 0 6 8 49 15 0 0 0 0 0 0 10 94 $14,150 $14,150 TASK 12. Safety Element
1 Safety Element Review and Recommendations 2 8 30 2 42 $7,080 $7,080 Task 12. Subtotal 0 0 0 0 0 0 0 0 0 0 0 2 8 30 0 0 2 42 $7,080 $7,080 Labor Hours Total 33 197 20 268 58 231 6 8 49 15 51 4 13 34 23 22 90 1122 Labor Dollars Total $8,580 $40,385 $4,800 $42,880 $8,990 $28,875 $1,560 $1,880 $6,370 $1,950 $11,475 $1,000 $2,730 $5,270 $2,990 $2,970 $11,250 $183,955 $183,955 PlaceWorks Percent of Total Labor 3% 18% 2% 24% 5% 21% 1% 1% 4% 1% 5% 0% 3% 2% 2% 8%

EXPENSES
PlaceWorks Reimbursable Expenses $5,000
EXPENSES TOTAL $5,000
OPTION A (TASK 11.1A) GRAND TOTAL $183,790
OPTION B (TASK 11.1B) GRAND TOTAL $181,515
GRAPHICS TECH.

EDITOR
WP/

CLERICAL

PLACEWORKS
Total Task Budget
PlaceWorks
Hours
PlaceWorks
Total
174 September 12, 2023
Acknowledgement
This proposal shall remain valid for 90 days from the date of submittal. As a Principal, I am authorized to bind the team to the contents of this submittal and to negotiate contracts on behalf of PlaceWorks. Please contact me with any questions.

We look forward to your response.

Respectfully submitted,

PLACEWORKS
Jennifer Gastelum
Principal
175 September 12, 2023
ITEM NO. CB 2.

CITY COUNCIL AGENDA ITEM
September 12, 2023
PREPARED BY: Mayor Kulikoff
SUBJECT: Closed Session Compliance

BACKGROUND/ DISCUSSION
During the August 8, 2023 City Council meeting, Mayor Kulikoff requested this item on the August 22, 2023 City Council meeting agenda. This item was trailed during the August 22, 2023 City Council meeting to the September 12, 2023 City Council meeting agenda.

A discussion and potential resolution modifying the documentation of closed session in compliance with state mandates.

FISCAL IMPACT
Minimal fiscal impact for discussion.

COUNCIL OPTIONS
As per City Council direction.

RECOMMENDATION
As per City Council direction

ATTACHMENTS
NONE.
176 September 12, 2023
ITEM NO. CB 3.

CITY COUNCIL AGENDA ITEM
September 12, 2023
PREPARED BY: Mayor Kulikoff
SUBJECT: Reconsider Approval of Microbusinesses

A discussion and potential direction/action to reconsider the approval of microbusinesses to include cannabis dispensaries. The last time microbusinesses were discussed occurred during the December 28, 2021 City Council meeting as CC6 and the December 14, 2023 City Council meeting during Public Hearing (PH 1).

FISCAL IMPACT
Minimal fiscal impact for discussion.

COUNCIL OPTIONS
As per City Council direction.

RECOMMENDATION
As per City Council direction

ATTACHMENTS

PREVIOUS AGENDA REPORTS RELATED TO THIS ITEM
177 September 12, 2023
96 CC
178 September 12, 2023
97 179 September 12, 2023
98 180 September 12, 2023
99 181 September 12, 2023
100
182 September 12, 2023
101
183 September 12, 2023
PH 1
159
184 September 12, 2023
160
185 September 12, 2023
161
186 September 12, 2023
162
187 September 12, 2023
163
188 September 12, 2023
164
189 September 12, 2023
165
190 September 12, 2023
166
191 September 12, 2023
167
192 September 12, 2023
193 September 12, 2023
NB 1.
194 September 12, 2023
195 September 12, 2023
196 September 12, 2023
197 September 12, 2023
198 September 12, 2023
199 September 12, 2023

California City City CouncilSeptember 12, 2023

California City City Council
September 12, 2023