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 JANUARY 09, 2024
CLOSED SESSION @ 4:30PM
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:
1.Web Link: https://us06web.zoom.us/j/84922766460
2.Meeting ID: 849 2276 6460
3.Public can dial into the Zoom line:
a.One tap mobile: +16694449171,,84922766460# US
b.Dial the following number: +1 564 217 2000 US
4.Comments
a.Public must join Zoom meeting to comment
b.Keep your mic on Mute until you are requested to speak c.Use the “Raise your Hand” button to request to speak or, d.Send a chat request to City Clerk for request to speak e.When requested to speak state your name for the record f. Re-mute when your time to speak has ended
Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting. 1 - 145 January 09, 2024
** At this time, please take a moment to turn off your cell phones ** CLOSED SESSION @ 4:30 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: 1 Matter
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
• Housing
• OHV
• Park and Recreation
• Planning
• Public Works
• Treasurer
CITY CLERK REPORTS/LATE COMMUNICATIONS
Correspondence from J.M. Powers dated December 05, 2023, December 12, 2023, December 15, 2023, January 01, 2024, January 02, 2024, and January 03, 2024. J.M. Powers has requested that they be part of the official meeting records.
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
C1. National Law Enforcement Appreciation Day Acknowledgment by Pastor Goodell from Desert Song Church
C2. Safe Haven Kids League & Community Resources New Building Grand Opening Announcement by Anthony Myers
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 - 145 January 09, 2024
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 City Check Register dated 12/08/2023 through 01/04/2024 – by Finance Manager, Kenny Cooper
CC 2. Approve Resolution No. 01-24-3014, A Resolution of the City Council of the City of California City approving the applicant to apply for and receive grant funds for the California State Parks Grants Cooperative Agreement Program, Off-Highway Motor Vehicle Recreation grant fund – by Inge Elmes, OHV Manager
CITY MANAGER REPORT
CM 1. Interim City Manager’s Report
CONTINUED BUSINESS
CB 1. Kudu/Eland Solar Reimbursement Agreement – by Planning Consultant, Anu Doravari Recommendation:
Staff recommends that the City Council approve the Reimbursement Agreement between California City and project applicant ‘69SV 8ME, LLC’ executing the solar project entitled ‘Kudu/Eland’.
NEW BUSINESS
NB 1. Cal-Recycle CAP Annual Report – by Public Works Drector, Joe Barragan Recommendation
Staff recommends that the Council authorize the city manager to enter into an agreement with Re-Create Waste Collaborative (RCWC) per the attached proposal.
NB 2. Interim City Manager Employment Agreement – by City Attorney, Victor Ponto Recommendation
Staff recommends that the City Council approve the draft Employment Agreement for Position of Interim City Manager that has been negotiated and published, and is included as Exhibit A.
NB 3. Amend and Adopt Resolution No. SA 01-23-2964 of the Successor Agency of the California Redevelopment Agency Approving the Recognized Obligation Payment Schedule (ROPS 23-24B) for the period January 1, 2024 – June 30, 2024 – by Finance Manager, Kenny Cooper
Recommendation
Staff recommends that the City Council adopt Resolution No. SA 01-24-3013 approving the Recognized Obligation Payment Schedule (ROPS 24-25) for the period July 1, 2024 through June 30, 2025 for submittal to the Countywide Oversight Board for their scheduled meeting on January 15th, 2024. All ROPS are due to the Department of Finance by February 1, 2024. 3 - 145 January 09, 2024
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 - 145 January 09, 2024
COUNCIL AGENDA ITEM
January 9, 2024
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager
SUBJECT: Desert Jade & Legends Housing
BACKGROUND/ DISCUSSION
Desert Jade
Currently have 85 apartments filled.
9 Units are scheduled for rehab next week.
2 new leases scheduled for next week.
Inspections will resume in the 3rd week of January.
Part-time maintenance position has been filled awaiting background.
Waitlist currently has 88 applicants.
Legends
Currently has 4 apartments and 5 houses filled.
2 units are also scheduled for rehab next week.
Waitlist is combined with Desert Jade
DR
5 - 145 January 09, 2024
ITEM NO.
DEPARTMENT REPORT
COUNCIL AGENDA ITEM
January 9, 2024
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: OHV 2023 ANNUAL REPORT
___________________________________________________________________ Overview
Permit Sale quantities have been totaled for the period of January 1, 2023 – December 31, 2023. These numbers are derived from the OHV Department’s monthly permit sale reports.
List of Items Quantities Sold
Single Permits 2770
Small Family Pack 671
Large Family Pack 109
OHV 4 Pack 371
RV Passes 271
Single Dump Passes 259
Single Water Passes 255
Additional permits 152
______________________________________________________________________________ A visual count is completed at the peak of each holiday weekend. Each count includes an RV group site of approximately 4-10 RV’s/Trailers at each site. Each trailer will bring approximately 4-6 visitors. These figures are a best estimate and not actuals. Please refer to attached Annual Visitor Counts Report for holiday data and comparisons.
Date of Count Group Counts RV/Trailer Estimates Visitor Estimates Holiday 02/18/2022 250 1000 – 2500 4000 – 15000 Presidents Day
04/08/2022 41 164 – 410 656 - 2460 Easter
05/27/2022 42 168 – 420 672 – 2520 Memorial
09/02/2022 29 116– 290 464 – 1740 Labor Day
10/07/2022 43 172– 430 688 – 2580 Columbus Day
11/25/2022 410 1640– 4100 6560 – 24600 Thanksgiving
12/30/2022 315 1260 - 3150 5040 - 18900 New Year
6 - 145 January 09, 2024
7 - 145 January 09, 2024
OHV ANNUAL VISITOR COUNTS
FY - 2020 FY - 2021 FY - 2022 FY - 2023
RV Campsite Counts Former Year Former Year Prior Year Current Year President's Day Holiday 114 266 243 250
Easter Holiday Closed due to Covid 62 54 41
Memorial Day Holiday Closed due to Covid 68 39 42
Labor Day Holiday 34 28 35 29
Columbus Day Holiday 28 42 31 43
Thanksgiving Holiday 498 645 342 410
New Year's Holiday 382 482 292 315
Total RV visible campsites 1056 1593 1036 1130
Notes: A visual count is completed at the peak of each holiday weekend. These counts are completed by staff and volunteers from Twenty Mule Team Parkway and campground visits. Each count includes an RV group site of approximately 4 -10 Recreational Vehicles. Each RV will bring approximately 4 - 6 visitors.
These figures are a best estimate and are not actuals.
8 - 145 January 09, 2024
CITY COUNCIL
DATE: January 9, 2023
TO: City Council
FROM: Recreation Supervisor – Theresa Oaks
SUBJECT: Department Report for the Month of December
Events
There was a good turnout for the art show and open mic night. Staff are looking forward to hosting similar events more frequently. The city will be having our annual Desert Tortoise Days event and hopefully parade coming up on May 4th and 5th.
Operations
During the month of December, our staff have been focused on Holiday Village and partnering with nonprofits for toy and food give aways for our community. The adult walking club continues with an average attendance of 3 to
4. The Strata Center also continues to be open to basketball practice, game room activities, volleyball, and open gym.
The maintenance staff continue to work extremely hard keeping up with trash, graffiti and repairs. Staff continue to request that the public take responsibility by cleaning up after themselves. Staff are continuing to work on the walking path upgrade at Central Park. Staff are also beginning the reed removal process. The Maintenance staff continue going to Balsitis twice a week to pick up trash and clean and maintain the area. Staff are looking forward to Spring and seeding the grass area, as well as working with the landscaping team and volunteers to get at least one of the ball fields green again.
Programming
Adult Walking Club –Tues, Wed, Fri - 11:00-12:00
Open Gym – Tues, Thurs, Fri, 1:00-8:00pm
Volleyball – Wed 6-7p
Art Classes with Diane- Wed - 4:30
Drama Club – Wednesdays from 2-3
Zumba - Tues 6-7p
9 - 145 January 09, 2024
Future Programming
Staff will be having volleyball again on Wednesday nights, between 6 and 7. Staff are also beginning to prepare for the upcoming summer with Summer Camp preparations as well as beginning the lifeguard search. This spring and summer staff would like to see weekly outdoor movie night , as well as concerts in the park.
Staff will work on increasing the advertising for programming and events, and we hope to see more community support and turn out as a result.
10 - 145 January 09, 2024
Schedule
Sun/Mon Tuesday Wednesday Thursday Friday Saturday
8:00 Closed
9:00 Closed
Open
Studio
10:00 Closed Aerobics
Aerobics
Open
Studio Aerobics
11:00 Closed
Walking
Club
Open
Studio
Walking
Club
12:00 Closed
1:00 Closed Open Gym Open Gym Open Gym Open Gym
2:00 Closed Open Gym
Open Gym
Drama
Club Open Gym Open Gym Open Gym
3:00 Closed Open Gym Open Gym
Open Gym
Open Gym Open Gym
4:00 Closed Open Gym Open Gym
Art Class Open Gym Open Gym Open Gym
5:00 Closed
Open Gym
Art Class Open Gym
Art Class Open Gym Open Gym Open Gym
6:00 Closed Open Gym
Zumba Volleyball
Open Gym Open Gym Open Gym
7:00 Closed Open Gym Open Gym Open Gym Open Gym Open Gym Green = Art Center
Black= Strata Center
11 - 145 January 09, 2024
12 - 145 January 09, 2024
DEPARTMENT REPORT
CITY COUNCIL MEETING
JANUARY 09, 2024
FROM: PLANNING DEPERTMENT
SUBJECT: MONTHLY PLANNING DEPARTMENTAL COUNCIL REPORT
Staff
Consultant Planner Anu Doravari
Planning Admin (Lilia “Liz” Garcia)
Projects/Applications
This report includes the following items:
A. Major planning projects
B. Planning Dept. financial report December 2023
A. Major planning projects
1. IWVGA Pipeline Project
Staff has conducted meetings with the client to gain an understanding of this county wide 50 mile water pipeline. Applicant is advised to submit the required documents to various departments to provide an acceptable site plan document. Applicant is working on producing drawings for Site Plan Review in co-ordination with staff given the large scope of the project.
2. SoCal Gas DIMP/DREAMS Pipeline Replacement Project
SoCal Gas Company will be undertaking gas main replacement specifically transitioning from steel to plastic as part of the DIMP DREAMS SoCal Gas Program. Anticipated construction timeline for this project is around Q1/Q2 April 2024. Staff is assisting the applicant with the application process.
3. ZC 22-02 – Olivia Davidson - Cannabis Cultivation, Manufacturing and Distribution Staff presented the Zone change and general plan amendment at the Planning Commission meeting on December 19th 2023 recommending approval. The Commission voted to recommend approval of the project. This project will be presented to the Council on January 23, 2024 to meet the public hearing notice period requirements.
4. ZC 22-04 – Padron Metal Finishing Co
Staff presented the Zone change and general plan amendment at the Planning Commission meeting on December 19th 2023 recommending denial. After deliberation the Commission voted to approve the project and recommends approval of the project to the City Council.
This project will be presented to the Council on January 23, 2024 to meet the public hearing notice period requirements.
5. ZC 21-07 – CALROX II – Cannabis Cultivation, Manufacturing and Distribution Staff presented the Zone change and general plan amendment at the Planning Commission meeting on December 19th 2023 recommending approval. The Commission voted to 13 - 145 January 09, 2024
recommend approval of the project. This project will be presented to the Council on January 23, 2024 to meet the public hearing notice period requirements.
B. Planning Dept. financial report December 2023
14 - 145 January 09, 2024
Public Works Monthly Council Report
November 30, 2023
Desert Clean Up Crew FY Total NovemberTotal
Total Work Orders: 239 43
Closed Work Orders: 239 43
Open Work Orders: 0 0
Dial-A-Ride FY Total NovemberTotal
Regular Fares $ 1,786.60 $ 330.50
Seniors/Disabled/Children $ 2,614.00 $ 416.00
Desert Jade $ 76.00 $ 18.50
Total Fares $ 3,482.80 $ 765.00
Number of Riders 2,259 844
Number of Operating Days 58 19
Facilities FY Total NovemberTotal
Total Work Orders: 1,202 230
Closed Work Orders: 1,202 230
Open Work Orders: 0 0
Street Department FY Total NovemberTotal
Total Work Orders: 595 102
Closed Work Orders: 595 102
Open Work Orders: 0 0
Asphalt Patch(s) sq.ft.: 1,369 63
Pot Hole Repair(s) p.h.: 1,463 519
Water Department FY Total NovemberTotal
Total Work Orders: 672 129
Closed Work Orders: 672 129
Open Work Orders: 0 0
Meter Replacement(s): 0 0
New Meter Installments (Service): 17 4
New Main Water Line Extension (linear feet): 0 0
Main Water Line Replacement(linear feet): 8 0
Main Sewer Line (linear feet): 0 0
Water Service Line (linear feet): 57 4
Standby Callouts: 230 88
Citizen Complaints: 45 6
*Information found in this report is based on the following dates:
*Monthly* November1, 2023 through November31, 2023.
* Fiscal Year* July 1, 2023 through June 30, 2024
15 - 145 January 09, 2024
BHT Engineering, Inc.
UPDATED: 12/11/23
FEDERAL / STATE FUNDED PROJECTS
1 20406 3/18/21 Hacienda Blvd Rehabilitation
5399-(030)
RSTP Hacienda Blvd from Cal-City Blvd to
Eucalyptus. Pavement rehabilitation.
City approved program supplement 02/23/2021. Environmental & Design completed. Bids opened August 11, 2022. Bid analysis completed. Awarded to Burch Construction at 9/27/22 City Council meeting. Contract docs sent to Contractor 10/03/22. Construction completed 07/07/23. Project Accepted at 8/22/23 Council Meeting. Caltrans Close-out in progress
2 20407 3/18/21 Mendiburu Rd
Reconstruction. 5399-(031)
CMAQ paving of existing dirt road from
Hacienda to Neuralia.
City approved program supplement 02/23/2021. Environmental completed. Design In Progress. Invoices sent to Caltrans.
Construction plans ready, project specifications in progress, staff report for council approval of bidding phase January 17th 2023.
Bids opened March 16, 2023. 6 bids received; apparent low bidder is Granite Conts. Project Underfunded. Requested more CMAQ funds to Kern COG. 4/5/23 TTAC committee
recommended additional CMAQ funds. 4/20/23 Kern County
Board voted to authorize additional funds $993,669. June 13, 2023 Council awarded project to Granite Construction. Construction
IN PROGRESS
3 21420 7/13/21 HSIP Cycle 10 - Pedestrian
improvements On CCB from Yerba to Neuralia
3/26/21: Caltrans approved project at 100% State participation, no local match. 7/13/21: Received Task Order to prepare request for PE Phase. Caltrans approved PE funds on 08/02/21. Preliminary engineering Completed. 03/16/23 – Received Construction allocation letter from Caltrans. – This is authorization for construction. Bid Opening June 22, 2023. Project awarded to Cen-Cal Construction. Construction ON HOLD due to delay in signage.
4 22405 4/18/22 TDA ARTICLE 3 Pedestrian
Improvements
Hacienda Ave sidewalk curb and gutter
between So. Loop Blvd and Manzanita Ave.
Kern COG selected project for $170,538 in TDA grant funds on 03/24/2022. Design in progress. Coordination with utility companies in progress
5 22408 7/25/22
CDBG # 13.21.1 Balsitis Park
Playground and basketball
court
Prepare construction plans and Specs for new
construction of playground equipment and
basketball court
Kick-off meeting 8/16/2022.task order signed 07/25/2022. Council to authorized project advertisement on 6/13/23. Bids currently being review by CDBG
6 23401 1/4/23 Hacienda Blvd Rehabilitation
5399-(033)
RSTP On Hacienda Blvd from Manzanita Ave
to Redwood Blvd - Prepare construction plans
and Specs for new Hacienda Blvd pavements
rehabilitation.
Received Caltrans E-76 on 02/08/2023 Authorization to Proceed with Preliminary Engineering. Project will designed together with TDA Art 3 project. 05/03/23 – Received fully executed program supplement agreement – and forwarded to City Staff. -- Design in progress - Coordination with utility companies in progress SB1 FUNDED PROJECTS
1 23403 5/27/22 Catalpa Rehabilitation SB1 Funded project.
Resolution completed on 05/10/2022. Task order signed
05/27/2022. Council to authorized project advertisement on 6/13/23. Bid opening August 23, 2023. Project awarded to RC Becker. Construction COMPLETED on 11/07/2023.
Close-out in progress
LOCAL FUNDED PROJECTS
1 19410 8/19/19
CMAQ Redwood Blvd. Rehab.
5933-(029) - Preliminary
Engineering
500-ft East of Hacienda Blvd. to 98th Street
12/02/19: Environmental Completed. 2/01/21: Email & Phone comm with Raquel Pacheco from Kern COG. City applied for 2021 CMAQ Call for projects. Kern COG Recommended
Construction funds for funding 2021 CMAQ Call for Projects.
Must encumber CONSTRUCTION funds by January 2024 - See
BHT # 21409 - DESIGN ON-HOLD.
2 21401 12/23/2020
CM 3/16/2023
Section 21 water mains
replacement
Prepare plans and specs for replacement and
installation of 3 miles of 12" water mains,
coordination with State Water Resources
Control Board
Project Awarded to Lyles utility Inc. Task order for CM 03/16/2023 Construction COMPLETED on 11/30/2023. Close-out in
progress
3 21403 2/21/201 Tierra del Sol Pro Shop &
Restaurant Remodel project
Prepare construction plans for
remodel/addition of restaurant
Project Engineer's cost estimate sent to city. Currently preparing break down cost estimates of construction phases. Phase One final plans sent to City for review 12/08/23
4 22404 4/18/22
Doolittle Ave and Jimson Ave
Water mains replacement
project
Prepare construction plans and Specs for new
construction of water main on Doolittle from
Mitchel to Mendiburu and Jimson from Yerba
to Isabella
Project combined with Section 21 water mains. Construction COMPLETED 11/30/2023. Close-out in progress
5 21410 6/11/21 Keniston Water main
replacement
Prepare construction plans for replacement of
water main on Kensington CCB to Walpole
(Approximately 1,300 Feet). Staff to
Complete
Project combined with Section 21 water mains. Construction COMPLETED 11/30/2023. Close-out in progress
Task Order
Executed
/Received
CITY OF CALIFORNIA CITY
BHT PROJECT # PROJECT NAME / Limits PROJECT DESCRIPTION STATUS
PUBLIC WORKS DEPARTMENT ACTIVE PROJECTS LIST
16 - 145 January 09, 2024
BHT Engineering, Inc.
6 21411 6/11/21 Neuralia Water main
replacement
Prepare construction plans for replacement of
water main on Neuralia from 79th to Poppy
Blvd (Approximately 1,600 Feet). Staff to
Complete
Project combined with Section 21 water mains. Construction COMPLETED 11/30/2023. Close-out in progress
7 22403 3/14/22 Striping Plan at Redwood
Blvd. & 98th Street
Prepare Striping Plan for Installation of STOP
Sign and markings at the intersection of
Redwood Blvd. & 98th Street.
03/29/22 - Finalized DRAFT Striping Plan and emailed to City Manager (Anne Ambrose) for her to verify with consultant Engineer and City Attorneys if this is what they recommend. 08/06/22: Forwarded email from former City Manager (Anne) to City Manager (Doug) . 10/21/22 & 12/01/22: Forwarded email to Interim City Manager Dr. Jim Hart - regarding approval of striping plan by City Council. 10/23/23 - Sent email dated 10/4/22 to Joe Barragan regarding approval of striping plan by City Council.
I also sent copy of Draft Striping Plan
8 22411 3/7/23 Indian Wells VGA Project
IWVGA (Indian Wells Valley Groundwater
Authority) Pipeline Project from Cal-City to
Ridgecrest
Began communications with Provost and Prichard Engineers for initial project planning and impacts on Cal-City's right of way.
Indian Wells to reimburse for all plan checking and project coordination process within City's right of way. Ok to continue per PW email 03/07/2023. 10/04/23 City received $30K initial fee from Indian Wells Valley Groundwater Authority
9 23404 5/24/23 2023 RSTP Call for Projects Cal City Blvd. Rehab- from Hacienda Blvd. to 94th Street
Application submitted to Kern COG on 07/12/23 - Awating approval of FTIP
10 23405 5/24/23 2023 CMAQ Call for Projects Cal City Blvd. - Shoulders from Baron Blvd. to Maverick Ave.
Application submitted to Kern COG on 07/12/23. 9/22/23 BHT responded to several questions from Kern COG on application. 11/01/23 - BHT Submitted revised application to Kern COG reducing shoulder section to qualify for CMAQ funding.
Waiting approval form KernCOG and Caltrans
11 23406 5/24/23 SB1- 2023 Call for Projects Redwood Blvd. - Frontage Rd Rehab - South side from Graham St. to 85th St. Caltrans reviewed and accepted project on June 28, 2023. 12 23407 5/4/23 Clean CA Cycle 2 Application City Hall Site Improvements and beautification project
Application sent to the State on May 30, 2023. Project was not selected for funding. Task Completed
13 23408 LAMP Annual Report LAMP Annual Report Preparation LAMP annual report completed. 14 23409 6/11/21
Isabella Blvd new water main
construction from CCB to
Moss
Prepare construction plans and Specs for new
construction of 12" water main on Isabella
Blvd from CCB to Moss Ave (Approximately
9,000 ft). Formal bidding process.
Project design in progress expected completion Jan 2024 15 23410 6/11/21
CCB new water main
construction from Yerba to
Neuralia
Prepare construction plans and Specs for new
construction of 12" water main on CCB from
Yerba to Neuralia (Approximately 10,000 ft).
Formal bidding process.
Project design in progress expected completion Jan 2024 16 23411 8/9/23 Well 3 Motor upgrade
Prepare One-Line Diagram for Well #3 for
new 200 HP well motor, plans and
specifications. Formal bid process
Edison unable to provide 3-phase service to well until further notice. City to fing natural gas powered motor.
17 23412 7/27/23 Splash Pad Skating Park
project
Prepare construction plans and specifications
for the construction of new splash pad and
skate park including onsite and offsite
improvements
Project design in progress expected completion January 2024 18 TBD TBD New 8 in Sewer Main
Lahontan application
Prepare application for new 8 in sewer main
on Cal-City frontage rd. from So. Loop to 88th
St. then, on Aspen to Corwin, the along
Corwin to Catalpa approx. 2,520 feet
Lahontan Sewer main construction application. Waiting City's direction
UPDATED: 12/11/23
17 - 145 January 09, 2024
Balance on Net Balance on Percent
10/31/2023 Transactions 11/30/2023 of Total
Bank of the Sierra -- General Checking $ 1,381,963 $ 447,592 $ 1,829,555 12.61% Bank of the Sierra -- Cannibas Checking $ 21,700 $ 106,005 $ 127,705 0.88% Sub-Total Operating Accounts $ 1,403,664 $ 553,597 $ 1,957,261 Balance on Net Balance on Percent
10/31/2023 Transactions 11/30/2023 of Total
Local Agency Investment Fund (122) $ 6,793,152 $ - $ 6,793,152 46.82% Kern County Investment Fund (20202) $ 4,506,871 $ 11,226 $ 4,518,097 31.14% Multi-Bank Securities (CD Manager) $ 1,234,672 $ 4,596 $ 1,239,268 8.54% Sub-Total Investment Accounts $ 12,534,694 $ 15,822 $ 12,550,517 Total City Operating Funds $ 13,938,358 $ 569,419 $ 14,507,777 100.00% Checking & CD Accounts 10/31/2023 Net Transactions 11/30/2023 Housing Corp. -- Bank of the Sierra, Checking $ 2,029,745 $ 2,336 $ 2,032,081 89.49% Housing Corp. -- Bank of the Sierra, CD 7653 $ 105,655 $ 424 $ 106,079 4.67% Housing Corp. -- Bank of the Sierra, CD 7654 $ 132,155 $ 530 $ 132,685 5.84% Total Housing Corporation Funds $ 2,267,555 $ 3,290 $ 2,270,845 100.00% Checking & CD Investment Accounts 10/31/2023 Net Transactions 11/30/2023 SDI -- Bank of the Sierra, Checking $ 539,849 $ (6,653) $ 533,196 0.63% SDI -- Bank of the Sierra CD $ 250,000 $ - $ 250,000 0.29% SDI -- US Bank Investments *$ 82,909,601 $ 1,182,976 $ 84,092,577 99.08% Total SDI Agency Funds $ 83,699,450 $ 1,176,323 $ 84,875,773 100.00% Checking & Investment Accounts 10/31/2023 Net Transactions 11/30/2023 Successor -- Bank of the Sierra, Checking $ 302,092 $ 7,500 $ 309,592 26.42% RDA/Successor -- US Bank Investments $ 862,083 $ - $ 862,083 73.58% Total Successor Agency Funds $ 1,164,175 $ 7,500 $ 1,171,675 100.00% California City, California 93505
TREASURER'S MONTHLY REPORT OF INVESTMENT
November 2023
The values presented in this report are as of the last bank day of the month and are only a snapshot in time.
The General Funds investment portfolio consists of funds for operations, Capital Improvement Projects (CIP), water rate stabilization, administration replacements and reserves.
General Operating Accounts
General Investment Accounts
Restricted Housing Corporation Accounts
Restricted SDI Accounts
Note: Interest earned from the SDI CD is directly deposited into the SDI checking account monthly.
Restricted RDA/Successor Agency Accounts
1 of 2
18 - 145 January 09, 2024
INVESTMENT POLICY
* Contact City Finance Manager for US Bank investment breakdown. 10/31/2023 11/30/2023
Beginning Market Value 82,922,678 82,909,601
Ending Market Value 82,909,601 84,092,577
(13,077) 1,182,976
10/31/2023 11/30/2023
Beginning Market Value - -
Ending Market Value - -
- -
10/31/2023 11/30/2023
Beginning Market Value 0 0
Ending Market Value 0 0
- -
10/31/2023 11/30/2023
Beginning Market Value 0 0
Ending Market Value 0 0
- 0
10/31/2023 11/30/2023
Beginning Market Value 862,082 862,082
Ending Market Value 862,082 862,082
- -
Total RDA/Successor Investment Assets 862,083 862,083
Total "US Bank" Investment Assets 83,771,684 84,954,660 Investment Results (Acct. Number 211146001)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX PRINCIPAL Investment Results (Acct. Number 211146002)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX RESERVE Investment Results (Acct. Number 211146003)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX INTEREST
TREASURER'S MONTHLY REPORT OF INVESTMENT
November 2023
The Treasurer shall invest the City's monies as permitted in the Citie's approved investment policy and approval of both the City Manager and Finance Director. The Treasurer shall consider current and projected cash needs in making such investments.
US Bank
SDI Account
Market Value Summary - CUSTODIAN ACCOUNT
Investment Results (Acct. Number 104388-010)
US Bank
RDA/Successor Agency Accounts
Market Value Summary - REDEVELOPEMENT AGENCY PROJ AREA TAX Investment Results (Acct. Number 211146000)
California City, California 93505
2 of 2
19 - 145 January 09, 2024
20 - 145 January 09, 2024 LC
21 - 145 January 09, 2024
22 - 145 January 09, 2024
23 - 145 January 09, 2024
24 - 145 January 09, 2024
25 - 145 January 09, 2024
26 - 145 January 09, 2024
27 - 145 January 09, 2024
28 - 145 January 09, 2024
29 - 145 January 09, 2024
C 2.
30 - 145 January 09, 2024
31 - 145 January 09, 2024
CC 1.
32 - 145 January 09, 2024
33 - 145 January 09, 2024
34 - 145 January 09, 2024
35 - 145 January 09, 2024
36 - 145 January 09, 2024
37 - 145 January 09, 2024
38 - 145 January 09, 2024
39 - 145 January 09, 2024
40 - 145 January 09, 2024
41 - 145 January 09, 2024
42 - 145 January 09, 2024
43 - 145 January 09, 2024
44 - 145 January 09, 2024
45 - 145 January 09, 2024
46 - 145 January 09, 2024
47 - 145 January 09, 2024
48 - 145 January 09, 2024
49 - 145 January 09, 2024
50 - 145 January 09, 2024
51 - 145 January 09, 2024
52 - 145 January 09, 2024
53 - 145 January 09, 2024
ITEM NO. CC 2.
COUNCIL AGENDA ITEM
January 9, 2024
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: Adopt Resolution No. 01-24-3014, A Resolution of the City Council of the City of California City approving the applicant to apply for and receive grant funds for the California State Parks Grants Cooperative Agreement Program, Off-Highway Motor Vehicle Recreation grant funds.
BACKGROUND/ DISCUSSION
The city of California City applies annually for funding through the Off Highway Motor Vehicle Recreation Grants and Cooperative Agreements Program. The state OHMVR Division requires an annual resolution from the city council that approves the applicant to apply for and receive grant funding from the California State Parks Grants Cooperative Agreement Program.
FISCAL IMPACT
Staff will be requesting funding congruent with previous year’s applications. Exact amounts will be calculated after application is submitted.
RECOMMENDATION
Staff recommends that city council adopt Resolution No. 01-24-3014 which allows applicant to apply for and receive grant funding for the upcoming 2024/2025 grant cycle from the OHMVR Division Grants and Cooperative Agreements Program.
ATTACHMENTS
A. Resolution No. 01-24-3014
54 - 145 January 09, 2024
RESOLUTION NO. 01-24-3014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY APPROVING THE
APPLICANT TO APPLY FOR, AND RECEIVE GRANT FUNDS FOR THE STATE OF CALIFORNIA,
DEPARTMENT OF PARKS AND RECREATION, OFF-HIGHWAY VEHICLE RECREATION GRANT FUNDS 2024/2025
WHEREAS, the people of the State of California have enacted the Off-Highway Motor Vehicle Recreation Act of 2003, which provides funds to the State of California and its political subdivisions for various activities including Operation and Maintenance, Restoration, Law Enforcement, Development Planning, and Education and Safety for off-highway vehicle recreation; and WHEREAS, the Off-Highway Motor Vehicle Recreation Division with the California Department of Parks and Recreation has been delegated the responsibility to administer the program; and WHEREAS, procedures established by the California Department of Parks and Recreation require an applicant’s governing body to certify by resolution the approval to receive grant funding from the OffHighway Motor Vehicle Grant (“Grant”); and WHEREAS, the City of California City (“Applicant”) wishes to apply for and receive grant funding from the Off-Highway Motor Vehicle Grant Fund; and
WHEREAS, Applicant desires to undertake various projects related to the use of off-highway motor vehicles to be funded in part by the Grant; and
WHEREAS, these proposed projects appear to or are in conformance with this jurisdiction’s adopted general or master plan and is compatible with the land use plans of those jurisdictions immediately surrounding the proposed projects.
NOW, THEREFORE, BE IT RESOLVED that the City of California City hereby:
1. Approves the receiving of grant funding from the Off-Highway Vehicle Recreation Grant or Cooperative Agreement Program; and
2. Certifies that this agency understands its legal obligations to the State upon approval of the Grant; and
3. Certifies that this agency understands the California Public Resources Code requirement that Acquisition, and Development Projects be maintained to specific conservation standards; and
4. Certifies that the Project proposed projects will be well-maintained during their useful lives; and
5. Certifies that this agency will implement the proposed projects with diligence once funds are available and the Applicant has reviewed, understands, and agrees with any proposed project agreements related to proposed projects; and
6. Certifies that this agency will provide the required matching funds; and
7. Certifies that the public and adjacent property owners have been notified of the proposed projects (as applicable);and
8. Appoints the City’s Off Highway Vehicle Manager or her designee as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, amendments, payment requests and so on, which may be necessary for completion of the proposed projects.
PASSED, APPROVED, AND ADOPTED on this 9th day of January 2024 by the following roll call vote:
55 - 145 January 09, 2024
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Kelly Kulikoff, Mayor
ATTEST:
___________________________
Socorro Chavez, City Clerk
APPROVED AS TO FORM
______________________________
Victor Ponto, City Attorney
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 at a regular meeting thereof held on the 9th day of January 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Socorro Chavez, City Clerk
56 - 145 January 09, 2024
ITEM NO. CB 1.
COUNCIL AGENDA ITEM
January 09, 2024
PREPARED BY: Consultant Planner Anu Doravari
SUBJECT: Kudu/Eland 2 Solar Project- Reimbursement Agreement
PROJECT DESCRIPTION
The proposed Kudu/Eland2 Solar project is for the construction and operation of a photovoltaic (PV) solar facility and associated infrastructure necessary to generate up to a combined total of 500 megawatts (MW) of renewable energy, with up to 600 MW hours of energy storage, on approximately 1,955 acres located in jurisdictions of both unincorporated Kern County and California City. The portion of the project specifically within California City includes 35 parcels, totaling approximately 1,281.53 gross acres (ATTACHMENT 1).
The portion of the proposed project located in California City is entirely within the O/RA Zoning District (Open Space Residential Agriculture Zone). Under the O/RA zoning designation, both electrical distribution substations and public utility facilities are allowed. CUP 19-04 (ATTACHMENT 3) was presented before the Planning Commission of the City of California City on 16 August 2022 and received approval.
Kudu/Eland 2 proposes to provide many jobs for the local workforce during construction and several longterm jobs during operations. The project proponent stresses the importance of investing in the California City community and providing support wherever possible. Additionally, per CUP-19-04 Section 3 Item 6, California City is also entitled to a Cumulative Impact Charge Fee at the issuance of the project's building permit.
BACKGROUND
The Kudu/Eland2 Solar Project was originally developed by Arevon Energy, Inc.’s development partner, Avantus (formerly known as 8minute Energy). While the project development was still under their management the planning commission approved the Conditional Use Permit 19-04 in August of 2022 (CUP 19-04). Part of that agreement was to set up a Reimbursement Agreement with California City for the use of plan reviews and project coordination with the City. Unfortunately, that agreement was never executed and Avantus is no longer affiliated with the project. Therefore, Arevon Energy, Inc. is assuming full management of the project. Arevon Energy, Inc. manages the KUDU/Eland 2 project on behalf of an investor group that owns both the project and Arevon Energy, Inc. ‘69SV 8ME LLC’ is the corporate name of the project and the reimbursement agreement (ATTACHMENT 3) is drafted between the corporate entity 69SV 8ME LLC and the City of California City.
57 - 145 January 09, 2024
RECOMMENDATION
Staff recommends that the City Council approve the Reimbursement Agreement between California City and project applicant ‘69SV 8ME LLC’ executing the solar project entitled ‘Kudu/Eland2’.
ATTACHMENTS
1. Project map
2. Reimbursement Agreement
3. CUP 19-04 Signed Resolution No 22-002
58 - 145 January 09, 2024
Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Project Overview
0 1 2 4
Miles
K
Project Site
Figure 1
") Point of Interconnection
BLM-Administered Land
Gen-Tie
C a l i f o r n i a C i t y
K e r n C o u n t y
¬«14
Phillips Road
Neuralia Road
Collector Lines
Eland 1
Kudu
ATTACHMENT 1
59 - 145 January 09, 2024
ATTACHMENT 2
2024
REIMBURSEMENT AGREEMENT
(Description of Engagement: Reimbursement for the Construction of the Kudu/Eland II Solar Facility)
(Parties: The City of California City and 69SV 8ME, LLC) THIS REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into this day of 09 January 2024 (hereinafter, the “Effective Date”), by and between the CITY OF CALIFORNIA CITY, a municipal corporation (hereinafter, "CITY") and 69SV 8ME, LLC, a Delaware limited liability company (hereinafter, “69SV 8ME, LLC”). For purposes of this Agreement, the capitalized term “Parties” shall be a collective reference to both CITY and 69SV 8ME, LLC. The capitalized term “Party” may refer to either CITY or 69SV 8ME, LLC interchangeably as reasonably appropriate.
RECITALS
WHEREAS, CITY intends to provide services for the Kudu/Eland II Solar Project (“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; and
WHEREAS, 69SV 8ME, LLC desires and agrees to reimburse CITY for all direct costs associated with providing such services related to the Project, including costs for City staff and City consultant efforts; and
WHEREAS, the execution of this Agreement was approved by CITY at its Regular Meeting of City Council on 09 January, 2024.
NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and 69SV 8ME, LLC agree as follows:
I.
ENGAGEMENT TERMS
1.1 PURPOSE OF REIMBURSEMENT:
A. CITY intends to provide professional services related to the processing, review and permitting of the Project, subject to 69SV 8ME, LLC’s reimbursement to CITY of all direct costs and charges associated with the provision of such services.
60 - 145 January 09, 2024
1.2 REIMBURSEMENT:
A. Upon execution of this Agreement, 69SV 8ME, LLC shall make an initial deposit of Fifty Thousand Dollars ($50,000) payable to CITY.
B. CITY shall use funds deposited by 69SV 8ME, LLC to reimburse all direct costs associated with the labor required to review, process and permit the Project. 69SV 8ME, LLC shall maintain a minimum balance of Twenty-Five Thousand Dollars ($25,000) in the reimbursement account. 69SV 8ME, LLC shall provide additional funding as necessary and within thirty (30) calendar days of receipt of request for additional funding from CITY. Failure of 69SV 8ME, LLC to provide additional funding in a timely manner could result in the delay of work efforts on the Project.
C. CITY shall provide 69SV 8ME, LLC a monthly statement noting the costs incurred for services in the preceding month. CITY shall also monitor reimbursement account fund levels and provide 69SV 8ME, LLC with low balance notices should the account balance approach or reach the minimum balance of Twenty-Five Thousand Dollars ($25,000).
D. Upon completion of the Project, as defined by satisfaction of both a final inspection for final phase of construction and issuance of a certificate of occupancy. Within thirty (30) days of Project completion, CITY shall refund to 69SV 8ME, LLC any unexpended funds remaining in the reimbursement account at time of Project completion. CITY shall also provide final accounting to 69SV 8ME, LLC.
II.
TERMINATION
2.1 TERMINATION WITHOUT CAUSE: Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement at any time for convenience and without cause, provided that: (1) notice of such termination is made in writing issued not less than ninety (90) calendar days prior to the effective date of any such termination and (2) CITY is fully reimbursed for all direct costs associated with reviewing, processing and permitting for the Project by the effective date of such termination.
III.
MUTUAL RELEASE OF LIABILITY
3.1 69SV 8ME, LLC shall defend, indemnify and hold CITY and its directors, officers, employees, partners, contractors or agents, harmless from and against any and all claims, actions, causes of actions, demands, or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys' fees, and all other costs, fees, expenses, and charges to the extent that such claims arise out of, were caused by, or result from any breach of the performance of this Agreement or the negligence, gross negligence, or willful misconduct of 69SV 8ME, LLC, its directors, officers, employees, partners, or agents.
61 - 145 January 09, 2024
3.2 CITY shall defend, Indemnify and hold 69SV 8ME, LLC and its directors, officers, employees, partners, or agents, harmless from and against any and all claims, actions, causes of actions, demands, or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys' fees, and all other costs, fees, expenses, and charges to the extent that such claims arise out of, were caused by, or result from any breach of the performance of this Agreement or the negligence, gross negligence, or willful misconduct of CITY, its directors, officers, employees, partners, or agents.
IV.
MISCELLANEOUS PROVISIONS
4.1 NOTICES: Notice given pursuant to this Agreement shall be served upon the person to be notified by personal service upon such party, or by the deposit of such written notice in the care and custody of the United States Postal Service, postage prepaid, addressed as follows:
CITY: City of California City
Attn: City Manager
21000 Hacienda Blvd.
California City, CA 93505
(760) 373-8661
69SV 8ME, LLC: 69SV 8ME, LLC
Attn: Josh Coon
8800 N Gainey Center Drive Suite 100
Scottsdale, AZ
Notices hereunder shall be deemed to have been given on the day of personal service thereof upon the Party to be notified, or as of the second (2nd) day following the deposit of the same in the care and custody of the United States Postal Service.
4.2 EVENT OF DEFAULT; BREACH OF AGREEMENT
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 4.3B and 4.3C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement, if the defaulting Party 62 - 145 January 09, 2024
fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. 69SV 8ME, LLC shall cure the following Events of Defaults within the following time periods:
i. Within seven (7) calendar days of CITY's issuance of a Default Notice for any failure of 69SV 8ME, LLC to timely provide CITY any sums due and payable to CITY pursuant to this Agreement. ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement.
C. CITY shall cure any Event of Default asserted by 69SV 8ME, LLC within fourteen (14) calendar days of 69SV 8ME, LLC’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 14-day cure period. Prior to the expiration of the 14-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period.
D. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach.
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.
E. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to 69SV 8ME, LLC, CITY may
immediately terminate this Agreement in whole or in part; ii. Upon written notice to 69SV 8ME, LLC, CITY may extend the time of performance;
iii. CITY or 69SV 8ME, LLC may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for breach of the Agreement or to terminate the Agreement; or
iv. CITY and/or 69SV 8ME, LLC may exercise any other
available and lawful right or remedy.
63 - 145 January 09, 2024
4.3 ACCOUNTING RECORDS: 69SV 8ME, LLC shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
4.4 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
4.5 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
4.6 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.
4.7 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
4.8 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
4.9 FURTHER ASSURANCES: Each Party covenants, on behalf of itself and its successors and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all documents, instruments and writings as may be necessary or proper to achieve the purposes and objectives of the Agreement.
4.10 CONSTRUCTION OF REIMBURSEMENT AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
4.11 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.
4.12 AMENDMENT; MODIFICATIONS: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City Council approval. The requirement for written 64 - 145 January 09, 2024
amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
4.13 CAPTIONS: The captions of the various sections and subsections are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.
4.14 ENTIRE REIMBURSEMENT AGREEMENT: This Agreement shall constitute the entire, complete, final and exclusive expression of the parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and 69SV 8ME, LLC prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the parties pursuant to Section 4.12, above.
4.15 COUNTERPARTS: This Agreement shall be executed in two (2) original counterparts each of which shall be of equal force and effect. One counterpart shall be delivered to 69SV 8ME, LLC and the other counterpart shall be delivered to the CITY. No handwritten or typewritten amendment, modification or supplement to any one counterpart shall be valid or binding unless made to all counterparts in conformity with Section 4.12, above.
[SIGNATURE PAGE TO FOLLOW]
65 - 145 January 09, 2024
IN WITNESS WHEREOF, the Parties hereto have caused this Reimbursement Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF CALIFORNIA CITY
By:
City Manager
Date:
69SV 8ME, LLC
By:
Date:
APPROVED AS TO FORM:
By:
Victor Ponto
City Attorney
Date:
66 - 145 January 09, 2024
ATTACHMENT 3
67 - 145 January 09, 2024
68 - 145 January 09, 2024
69 - 145 January 09, 2024
70 - 145 January 09, 2024
71 - 145 January 09, 2024
Item No: NB 1.
COUNCIL AGENDA ITEM
January 9, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Cal-Recycle CAP Annual Report
BACKGROUND/ DISCUSSION:
As part of the state-wide ordered SB 1383, the Cal-Recycle State Department developed a Corrective Action Plan (CAP) status report to be completed bimonthly by municipalities. This CAP Report has 17 Tasks that are required to be completed by municipalities by 12-31-2023.
The City has asked for an extension on this deadline because Staff needs help completing all the Tasks. Some of the Tasks have already been completed by staff. However, the remaining tasks (tasks number 5, 6, 8, 9, 12, 13, 14, and 17) are very labor intensive and require expertise that the current staff does not have. A Request for Proposal (RFP) was advertised for 30 days with a due date of November 16, 2023. Even though the RFP was sent to five firms that perform this type of consulting, we only received one response. This response was submitted by Re-Create Waste Collaborative (RCWC) for $24,950, of which we are proposing to use grant monies already received for the Cal-Recycle program for $21,388.00, leaving a balance due of $3,562.00 to be paid from 10-4155-310. The attached RFP proposal from ReCreate Waste Collaborative (RCWC) will accomplish the compliance requirements and state reporting of the items mentioned above. It will also assist the city in developing and implementing an inspection and enforcement program to ensure overall compliance and that the generators and the city are meeting their regulatory procurement requirements and targets, training city staff to perform these tasks and reports in the future as well as complete this annual report and more (items are outlined in the proposal).
FISCAL IMPACT:
Amount Requested for FY 23-24 from 10-4155-310 $3,562.00 RECOMMENDATION:
Staff recommends that the Council authorize the city manager to enter into an agreement with Re-Create Waste Collaborative (RCWC) per the attached proposal.
ATTACHMENTS:
1. Request for Proposal (RFP)
2. Re-Create Waste Collaborative (RCWC) Proposal
3. Cal City - Professional Services Agreement (Deliverables Based) Template 2023 72 - 145 January 09, 2024
City of California City
Public Works
21000 Hacienda Blvd
California City, CA 93505
REQUEST FOR PROPOSAL (RFP) TO ASSIST
WITH CALRECYCLE’S CAP REGULATIONS
DUE ………………. November 16, 2023
TIME ………………By 5:00 pm
73 - 145 January 09, 2024
CITY OF CALIFORNIA CITY
REQUEST FOR PROPOSAL (RFP) TO ASSIST WITH CALRECYCLES’ CAP
REGULATIONS AND REPORTING
The City of California City is seeking a qualified business or firm to assist with CalRecycle’s CAP regulations and regulations.
Proposers are specifically directed not to contact any City personnel other than the Contact Person indicated below for any purpose related to this RFP. Unauthorized contact with any City personnel may be cause for rejection of a vendor’s proposal.
All inquiries concerning this RFP should be directed to the following Contact Person:
Joe Barragan
Acting City Manager
California of California City
21000 Hacienda Blvd
California City, CA 93505
Envelopes/packages containing the proposals are to be marked:
PROPOSAL: “Cal Recycle” and delivered to:
City of California City
Attn: City Clerk
21000 Hacienda Blvd.
California City, CA 93505
Telephone: (760) 373-7170
Projected Timetable
The following dates are set forth for information and planning purposes only. The City may change these dates upon notice to prospective proposers:
Issuance Date . . . . . . . . . . . . . . . . …………..October 16, 2023 Pre-Proposal Meeting . . . . . . . . …November 2, 2023 at 10 am Proposal Due Date . . . . . . . . . . ……….. . .November 16, 2023 Proposal Due Time . . . . . . . . . . . ………………..…....5:00 pm The postmark date will not constitute a timely delivery. Responses received after the above time will not be considered. Proposers are solely responsible for ensuring timely receipt of their proposals.
74 - 145 January 09, 2024
TABLE OF CONTENTS
I. GENERAL INFORMATION Page
A. Project Background and Description 1
B. Services Required of Successful Proposer 1
C. Services Provided by the City 2
D. Selection Process 3
E. Solicitation Caveat 4
F. Time 4
G. Form of Agreement 4
H. News Releases 4
I. Statutes and Rules 4
J. Background Review 4
II. PROPOSAL INFORMATION AND REQUIREMENTS
A. General Instructions 5
B. Business Address 5
C. Corrections and Addenda 5
D. Proposal Format and Contents 6
E. Pre-Proposal Meeting 7
F. Proposal Submission 7
G. Withdrawal and Submission of Modified Proposal 8
H. Disposition of Proposals and Proprietary Data 8
75 - 145 January 09, 2024
I. GENERAL INFORMATION
A. Background and Description
The State Department for waste management (CalRecycle) is forcing new regulations and requirements approved in the past few years by the State. These new regulations include but are not limited to AB 341, SB 1383, and others. These bills require local jurisdictions to meet the requirements below:
• Provide organics collection services to all residents and businesses • Conduct education and outreach to the community
• Secure access to recycling and edible food recovery capacity • Establish an edible food recovery program
• Procure recyclable and recovered organic products
• Monitor compliance and conduct enforcement
The City of California City is looking to hire a firm to help with some of these requirements, specifically some of the Task Items in the CAP Reporting.
B. Services Required of Successful Proposer
The Successful Proposer will need to provide the City with a complete proposal for the listed task items and an itemized cost to help with these items:
TASK 1- Train and teach staff to complete and/or fill all documentation needed for future CAP Reporting.
TASK 5- The Jurisdiction will increase commercial edible food generator access to food recovery organizations and services.
TASK 6- The Jurisdiction will monitor commercial edible food generator compliance and enforce the requirements.
TASK 8- The Jurisdiction will identify additional procurement opportunities within its departments and divisions for expanding the use of recovered organic waste products.
TASK 9- The Jurisdiction will meet regulatory procurement targets established by CalRecycle under 14 CCR section 18993.1; enforcement of this provision by CalRecycle will be consistent with the legislative directives in PRC section 42652.5 (a)(5)(B) and 42652.6, as amended in AB 1985 (R. Rivas, Chapter 344, Statutes of 2022).
TASK 12- The Jurisdiction will require all businesses from whom the jurisdiction purchases paper products and printing and writing paper to certify in writing:
• The minimum percentage, if not the exact percentage, of post-consumer material in the paper products and printing and writing paper offered or sold to the jurisdiction.
o The Jurisdiction may waive the certification requirement if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor Internet website.
76 - 145 January 09, 2024
o That the paper products and printing and writing paper offered or sold to the jurisdiction are eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12.
TASK 13- The Jurisdiction will develop an inspection and enforcement program to ensure overall compliance with the Regulations.
TASK 14- The Jurisdiction will begin implementing the inspection and enforcement program.
TASK 17- The Jurisdiction will take enforcement action regarding the container contaminants provisions in section 18984.5(a), through the notice provisions of section 18984.5 (b).
C. Services Provided by the City
The City will provide a Contact Person as a primary point of contact, who will arrange to help with any questions. The City will assist with providing any available information. The City will also be available to meet and discuss the requirements.
D. Selection Process
1. All proposals received by the specified deadline will be reviewed by a City Evaluation Committee. After the initial scoring, the Evaluation Committee may select those firms deemed most qualified for this project for further evaluation. Interviews of these selected firms may be conducted as part of the final selection process. Proposers are advised that the City, at its option, may award a contract strictly based on the initial proposals and not create a short list of proposals for further consideration. The firm selected by the Evaluation Committee will be recommended to the City Council to enter into a contract withthe City, but the Council is not bound to accept the recommendation or award the contractto the recommended firm.
2. The following is a list of general criteria that may be used by the Evaluation Committee in determining its recommendation to the CityCouncil . Please note that the Evaluation Committee may consider any information they deem relevant in determining a recommendation to the City Council and may give each of the criteria considered as little or as much weight as they consider appropriate. a. The Proposal.
b. Qualifications
c. Experience, specifically in working with other cities. d. Cost to the City
3. The City reserves the right to reject any and all proposals and to waive informalities and irregularities in any proposals received. The absence of required information may render a proposal non-responsive, at the sole discretion of the City, resulting in the rejection of the proposal.
77 - 145 January 09, 2024
4. The City may, during the evaluation process, request from any proposer additional information which the City deems necessary to determine the proposer’s ability to perform the required services. If such information is requested, the proposer shall be permitted five (5) working days to submit the information requested.
5. An error in the proposal may cause the rejection of that proposal; however, the City may, in its sole discretion, retain the proposal and make any corrections it deems appropriate. In determining if a correction will be made, the City will consider the conformance of the proposal to the format and content required by the RFP and any unusual complexity of the format and content required by the RFP. If the proposer’s intent is clearly established based on a review of the complete proposal submittal, the City may, at its sole option, correct an error based on that established content. The City may also correct obvious clerical errors.
The City may also request clarification from the proposer on any item in a proposal that the City believes to be in error and make corrections accordingly.
6. The City reserves the right to select the proposal which, in its sole judgment best meets the needs of the City. The recommendation by the Evaluation Committee, and the final selection of a proposer by the City Council, shall be based on any information and criteria the Evaluation Committee and Council consider relevant, which may include criteria not listed in paragraph B above.
7. All firms responding to this RFP will be notified of their selection or non-selection in writing after the Evaluation Committee has completed the selection process. All proposers shall have three business days from the date of the notice to submit any additional information not previously submitted to the City for final consideration before the Evaluation Committee’s recommendation is placed on the City Council agenda.
8. City employees will not participate in the selection process when those employees have a relationship with a person or business entity submitting a proposal which would subject those employees to the prohibition of Section 87100 of the Government Code. Any person or business entity submitting a proposal who has such a relationship with a City employee who may be involved in the selection process shall advise the City of the name of the City employee in the proposal.
9. Any person or business entity which engages in practices which might result in unlawful activity relating to the selection process including, but not limited to, kickbacks or other unlawful considerations paid to City employees, will be disqualified from the selection process.
10. The process, procedures, and evaluation criteria used by City staff and the Evaluation Committee in developing and issuing this RFP and evaluating the proposals received for purposes of making a recommendation to the City Council or Board of Directors shall be determined in the sole discretion of the City. Potential proposers shall have no rights whatsoever regarding the processes and procedures used by the City relating to this RFP or the manner in which a proposer is selected by either the Evaluation Committee or the City Council, provided their decisions are not arbitrary and capricious, and there is some reasonable basis for the selection(s) made.
78 - 145 January 09, 2024
E. Solicitation Caveat
The issuance of this solicitation does not constitute an award commitment on the part of the City, and the City shall not pay for costs incurred in the preparation or submission of proposals. The City reserves the right to reject any or all proposals or portions thereof if the City determines that it is in the best interest of the City to do so.
Failure to furnish all information requested or to follow the format requested herein, or the submission of false information, may disqualify the proposer in the sole discretion of the City.
The City may waive any deviation in a proposal. The City’s waiver of a deviation shall in no way modify the RFP requirements nor excuse the successful proposer from full compliance with any resultant agreement requirements or obligations.
F. Time
Time and the time limits stated in this RFP are of the essence of this Request for Proposal.
G. Form of Agreement
No agreement with the City is in effect until a lease/contract has been signed by both parties.
The selected Proposer will be required to execute an agreement with the City for the services requested within 3 days of the award. If agreement on the terms and conditions of the lease/contract that are acceptable to the City including, but not limited to, compensation, cannot be achieved within that timeframe, the City reserves the right to continue negotiations or to award the lease to another Proposer and begin negotiations with that Proposer.
Proposers must identify and provide contact information in their proposal of the individual within their organization who is authorized to negotiate the terms and conditions of any agreement between the Proposer and City.
H. News Releases
News releases pertaining to any award resulting from this RFP may not be made without the prior written approval of the City Manager.
I. Statutes and Rules
The terms and conditions of this RFP, and the resulting consulting services and activities performed by the successful proposer, shall conform to all applicable statutes, rules, and regulations of the federal government, the State of California, the City, and the County of Kern.
J. Background Review
The City reserves the right to conduct a background inquiry of each proposer that may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community, and financial condition. By submitting a proposal to the City the proposer consents to such an inquiry and agrees to make available to the City such books and records the City deems necessary to conduct the review.
79 - 145 January 09, 2024
II. PROPOSAL INFORMATION AND REQUIREMENTS
A. General Instructions
To receive consideration, proposals shall be made in accordance with the following general instructions:
1. The completed proposal shall be without alterations or erasures. Errors may be crossed out and corrections printed in ink or typed adjacent and must be initialed in ink by an authorized representative of the proposer.
2. No oral, telephonic, telegraphic, e-mailed, or faxed proposals will be considered.
3. The submission of a proposal shall be an indication that the proposer has investigated and satisfied him/herself as to the selection process to be used by the City, the conditions to be encountered, the character, quality, experience, and the requirements of the City.
4. All proposals shall remain firm for one hundred and eighty (180) days from the proposal submission deadline.
B. Business Address
Proposers shall furnish their business street address. Any communications directed either to the address so given, or to the address listed on the sealed proposal container, and deposited in the U.S. Postal Service by Certified Mail, shall constitute a legal service thereof upon the proposer.
C. Corrections and Addenda
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the proposer shall immediately notify the Contact Person of such error in writing and request clarification or modification of the document. Modifications will be made by addenda as indicated below to all parties in receipt of this RFP.
If a proposer fails to notify the Contact Person prior to the date fixed for submission of proposals of a known error in the RFP, or an error that reasonably should have been known, the proposer shall submit a proposal at their own risk, and if the proposer is awarded a lease/contract they shall not be entitled to additional compensation or time by reason of the error or its subsequent correction.
Addenda issued by the City interpreting or changing any of the items in this RFP, including all modifications thereof, shall be incorporated in the proposal. The proposer shall sign and date the Addenda Cover Sheet and submit the same with the proposal (or deliver them to City Hall at 21000 Hacienda Blvd. if the proposer has previously submitted a proposal to the department).
Any oral communication by the City’s designated Contact Person or any other City staff member concerning this RFP is not binding on the City and shall in no way modify this RFP or the obligations of the City or any proposers.
80 - 145 January 09, 2024
D. Proposal Format and Contents
For ease of review and to facilitate evaluation, the proposals for this project should be organized and presented in the order requested as follows:
1. Cover Page:
Include a letter of introduction signed by an authorized representative of the firm certifying that all statements in the proposal are true and correct and shall constitute a warranty, the falsity of which shall entitle the City to pursue any remedy authorized by law, which shall include the right, at the option of the City, to declare any contract made as a result thereof, to be void. Indicate the name of the firm and the RFP project title.
2. Section I – Proposal:
Provide the Proposal with specific information concerning the firm in this section, including the legal name, address, and telephone number of your company and the type of entity (sole proprietorship, partnership, or corporation and whether public or private).
Include the name and telephone number of the person(s) in your company authorized to execute the proposed contract.
If two or more firms are involved in a joint venture or association, the proposal(s) should clearly delineate the respective areas of authority and responsibility of each party.
All parties signing the Agreement with the City shall be individually liable for the completion of the entire project even when the areas of responsibility under the terms of the joint venture or association are limited.
3. Section II - Qualifications and Experience:
This section is designed to establish the proposer as an entity with the ability and experience to complete the task from the CAP Reporting Website and/or provide the services, as specified in the RFP. Provide specific information in this section concerning the firm's experience in the services specified in this RFP, preferably within the State of California. Include the number of employees involved in providing services; and the number of years providing services.
Documentation of Satisfactory Past Performance/References. Provide a minimum of three (3) reference letters for similar services rendered (must be within the last six (6) months on the reference company’s letterhead. Each reference shall include a current point of contact and a phone number. Each reference letter must have the following information: Date of the original contract; end date of the contract; services rendered; and names, addresses, and telephone numbers of contact persons within client agencies for whom the services have been provided.
Of critical importance is the composition of the team proposed to help, teach and train City Staff. Credentials and resumes of the person(s) responsible for 81 - 145 January 09, 2024
administering or providing the services must be provided. Include a statement of qualifications and resumes/backgrounds of key personnel, including training certifications of professional and non-professional personnel.
E. Pre-Proposal Meeting
A Pre-Proposal meeting has been set for November 2,2023at 10 amThe meeting will be held at 21000 Hacienda Bolevard; California City, CA 93505. The purpose of the meeting is to permit proposers an opportunity to ask questions, and/or provide feedback to City staff on CalRecycle Regulations_____Preliminary answers may be given at the Pre-Proposal meeting. However, these responses are only preliminary and will not be final until they are provided as an addendum to the RFP. While some input obtained at the meeting may be incorporated into the RFP via addenda, remarks and/or explanations made at the meeting shall not change the provisions of the final RFP.
All interested parties who may have questions are urged to attend.
F. Proposal Submission
The proposer shall submit six (4) written copies of the proposal and, if possible, one (1) copy on a flash drive (FD). The FD must be in a standard Microsoft Windows compatible format readable by the City; using word processing software that is Windows-based, or the proposal will be a PDF-readable Adobe. Please submit all proposals to:
City of California City
Attn: Joe Barragan
21000 Hacienda Blvd
California City, CA 93505
Telephone: (760) 373-7170
Proposals may be delivered in person, by courier service, or by mail to the address indicated above. ALL PROPOSALS MUST BE SEALED AND RECEIVED BEFORE 5:00 PM. on November 16, 2023, at the above office and address. Proposals submitted after the above deadline will not be accepted. It is strongly suggested that any proposers intending to hand deliver a proposal on the last day for submission arrive at City Hall 21000 Hacienda Blvd; California City, CA 93505 at least ten (10) minutes prior to the proposal receipt deadline to receive a “test” time stamp to validate the official current time. The timestamp clock at City Hall 21000 Hacienda Blvd; California City, CA 93505 will be the official time. Any proposal received at or after 5:00 pm. will be returned unopened.
Only one (1) proposal may be submitted from each proposer. For purposes of this RFP, a proposer is defined to include a parent corporation of the proposer and any other subsidiary of that parent corporation. If a proposer submits more than one (1) proposal, all proposals from that proposer shall be rejected.
82 - 145 January 09, 2024
RFP proposals are not publicly opened.
G. Withdrawal and Submission of Modified Proposal
A proposer may withdraw a proposal at any time prior to the submission deadline by submitting a written notification of withdrawal signed by the proposer or his/her authorized agent. The proposer must, in person, retrieve the entire sealed submission package. Another proposal may be submitted prior to the deadline. A proposal may not be changed after the designated deadline for submission of proposals.
H. Disposition of Proposals and Proprietary Data
All materials submitted in response to this RFP become the property of the City. Any and all proposals received by the City shall be subject to public disclosure and inspection, except to the extent the proposer designates trade secrets or other proprietary data to be confidential after the Evaluation Committee has completed its deliberative process and either the proposer has been informed that they are not the vendor selected by the Evaluation Committee for recommendation to the City Council , or the matter has been set for consideration before the City Council , whichever comes first.
Material designated as proprietary or confidential shall accompany the proposal and each page shall be clearly marked and readily separable from the proposal in order to facilitate public inspection of the non-confidential portion of the proposal. Prices, makes and models or catalog numbers of the items offered, deliverables, and terms of payment shall be publicly available regardless of any designation to the contrary. The City will endeavor to restrict the distribution of material designated as confidential or proprietary to only those individuals involved in the review and analysis of the proposals.
Proposers are cautioned that materials designated as confidential may nevertheless be subject to disclosure. Proposers are advised that the City does not wish to receive confidential or proprietary information and that proposers are not to supply such information except when it is absolutely necessary. If any information or materials in any proposal submitted is labeled confidential or proprietary, the proposal shall include the following clause:
(legal name of proposer) shall indemnify, defend and hold harmless the City of California City, its officers, agents, and employees from and against any request, action, or proceeding of any nature and any damages or liability of any nature, specifically including damages awarded under the California Public Records Act (Government Code §6250 et seq.) arising out of, concerning or in any way involving any materials or information in this proposal that (legal name of proposer) has labeled as confidential, proprietary or otherwise not subject to disclosure as a public record. 83 - 145 January 09, 2024
Proposal to the City of California City
Submitted Thursday, November 16th, 2023
PROPOSAL TO ASSIST WITH
CALRECYCLE’S CAP REGULATIONS
SUBMITTED BY RECREATE WASTE COLLABORATIVE, LLC.
84 - 145 January 09, 2024
COVER PAGE
November 16th, 2023
To City of California City Director of Public Works, Joe Barragan:
It is my pleasure to introduce ReCREATE Waste Collaborative, LLC (ReCREATE) and provide you with this proposal in response to the City of California City (City)’s RFP to assist with CalRecycle CAP Regulations.
ReCREATE is an LA-based solid waste technical assistance company with founders that bring together over 25 years of experience working directly with California municipalities on AB 939, 341, 1826, and SB 1383 implementation. Our team consists of 15 highly trained recycling specialists - and a lead located in nearby Palmdale - who have collectively provided edible food recovery inspections to over 650 businesses since the onset of SB 1383.
As the project manager for this engagement, I have consulted over 50 local jurisdictions on solid waste and recycling programs to increase participation, reduce contamination, and maximize diversion. My background in the food industry and expertise in public relations and community-based social marketing allows me to train inspectors and develop outreach strategies that change behavior, increase compliance, and best serve hungry members of the community.
For this engagement, we bring on the expertise of R3 Consulting Group (R3) who has a deep understanding of solid waste policy planning and a proven track record of guiding cities in formulating their SB 1383 compliance implementation plans. R3 will leverage their extensive experience to ensure an effective and successful implementation process. The firm’s task lead for this engagement has assisted many jurisdictions in planning for SB 1383 requirements, providing advice to client jurisdictions on the anticipated effects of changing requirements for organics programs, as well as the implications of the changes in reporting regulations for diversion performance, regulatory compliance, and long-term planning efforts.
We have the capacity to execute all tasks in a timely manner and within the proposed budget. I look forward to answering any questions you may have and to the opportunity to serve your community.
Natalie Lessa
Co-Founder and Primary Consultant, ReCREATE Waste Collaborative, LLC. [email protected] | (323) 572-8766
85 - 145 January 09, 2024
SECTION 1 - PROPOSAL
This proposal is being submitted by Co-Founder Natalie Lessa on behalf of ReCREATE Waste Collaborative, LLC. I am authorized to execute a contract should one be awarded to our firm. I may be reached at (323) 572-8766 or at [email protected].
For this engagement, ReCREATE Waste Collaborative will serve as the prime consultant and R3 Consulting Group will serve as the subconsultant. ReCREATE will oversee all tasks, and will lead tasks 5, 6, 13, 16 (optional) and 17. R3 will lead tasks 1, 8, and 9.
ReCREATE Waste Collaborative, LLC. is an S-Corporation with a primary place of business at 212 Quincy Ave #204, Long Beach, CA 90803. The primary phone number is (323) 572-8766.
R3 Consulting Group, Inc. has a primary place of business at 405 14th Street, Suite 350, Oakland, CA 94612.
Both companies understand that each is liable for the completion of the entire project even when the areas of responsibility under the terms of the joint venture or association are limited.
Task 1 Train and teach staff to complete and/or fill all documentation needed for future CAP Reporting
Corrective Action Plan (CAP) reporting is completed every two months until all the tasks identified in the CAP are complete. R3 is assisting over six cities in CAP reporting, which generally also includes attending the bi-monthly meetings with CalRecycle and responding to questions from CalRecycle Jurisdiction & Agency Compliance & Enforcement Branch (JACE) staff.
R3’s process for CAP reporting involves the following steps:
1. Log in to CalRecycle web reporting portal.
2. Download the CAP report as an Excel spreadsheet.
3. Copy the past report column and fill in updates to tasks as applicable, marking information that needs to be confirmed by City staff.
4. Check tasks that are due within the next three to five months and highlight those tasks in an email to City staff which includes the report as an Excel attachment.
5. Upon City approval and having completed the necessary updates, which often involves a phone conversation with City staff, log back into CalRecycle web reporting portal and copy contents into portal using “Edit as Table” functionality.
This process saves time because the CalRecycle web portal isn’t as user-friendly as Excel, and also facilitates a back-and-forth communication about the contents of the report while avoiding the onerous process of logging into the web reporting portal multiple times.
For this task, R3 will set up a web-based training and walk City staff through the process outlined above.
86 - 145 January 09, 2024
Task 5 Increase commercial edible food generator access to food recovery organizations and services
In this task, ReCREATE will provide the City with a list of food recovery organizations and services operating in the region, and one edible food recovery flyer describing the requirements of SB 1383 for distribution to the EFGs. As part of the list development, we will attempt to reach all food recovery organizations and services operating in the City to understand their program capabilities (food types accepted, operating hours, capacity to receive food, etc.). Inspectors will share this information with the EFGs during in-person site visits in Task 6 and follow-up email communication to serve as a liaison and bridge the gap between the donor and the recipient.
We will also share the availability of Careit to donate food to local organizations and services that may be operating in the region.
Task 6 Monitor commercial edible food generator compliance and enforce the requirements
It is our understanding that the City of California City has already identified its Tier 1 and Tier 2 EFGs and FROs/FRSs. During this task, we will confirm the Tier 1 and Tier 2 EFGs and FROs/FRSs’ status.
Inspections to Tier 1 and Tier 2 EFGs
ReCREATE will implement the inspection and enforcement program related to edible food donation through in-person inspections to Tier 1 and Tier 2 EFGs. ReCREATE’s highly qualified team of inspectors will share educational information and resources to support the implementation of edible food policies. Inspectors will also be able to then confirm the list of EFGs and fully satisfy the inspection requirements of Section 18995.1. Jurisdiction Inspection Requirements. We also welcome the involvement of City staff during inspections, when appropriate, to help provide City staff training for potential future enforcement of the program.
Inspections to FROs/FRSs
ReCREATE inspectors will conduct in-person site visits to all FRO located in California City to evaluate compliance and conduct a FRO Survey for obtaining important information about capacity planning. When conducting in-person site visits we will seek to understand the following information to determine compliance with SB 1383 and help guide any city of county capacity planning. The results of the FRO survey will be provided to the City in an Excel spreadsheet. Deliverables included in this task include:
• One (1) inspection to Tier 1 and Tier 2 EFG, and FRO/FRS located in California City • One (1) Annual Report of compliance findings, which includes:
o EFG and FRO inspection data and capacity planning information 87 - 145 January 09, 2024
Task 8 Identify additional procurement opportunities within departments and divisions for expanding the use of recovered organic waste products
For this task, R3 will attend up to three meetings with responsible staff for various functions related to the new procurement requirements in SB 1383. The meetings will be as follows:
Parks and Recreation Department – R3 will inquire about whether compost and mulch is currently purchased and from what vendor, and also whether there are additional opportunities for use of compost/mulch.
Office supplies and purchasing (this will likely be multiple City staff) – R3 will establish a pathway for paper product procurement compliance. This process generally includes an update to the City’s procurement policy (R3 can assist in this as a part of Task 9), the establishment of forms to be used in the case that paper products not meeting the standards established by SB 1383 and AB 669 are not about to be purchased (R3 can provide this form), and a training on how to comply with the State’s requirements. We will also determine whether it is possible to streamline the paper product vendors, which can help with the next meeting.
Finance and/or reporting – R3 generally finds that asking finance staff to keep the required records for purchases is the most efficient way to ensure that all paper purchases are captured.
We will report on the outcomes of these meetings in an email summary to City staff.
Task 9 Meet regulatory procurement targets established by CalRecycle To assist the City in completing this task, R3 will provide:
• Review and edits to existing procurement policy, if required or requested • Review and edits to existing vendor contracts such as janitorial services We will also meet with City staff to provide advice regarding procurement pathways as they relate to direct service provider agreements and the actions taken by other cities. Many cities are choosing to contract with California Compost (Agromin) or Zero Foodprint to cost-effectively meet their procurement targets without the need to significantly adjust regular operations. This approach can be complemented by the addition of compost giveaways, which is a popular benefit Cities can offer to local residents.
Task 12 Require all businesses from whom the jurisdiction purchases paper products and printing and writing paper
This task will be completed as a part of Task 8.
88 - 145 January 09, 2024
Task 13 Develop an inspection and enforcement program to ensure overall compliance with the Regulations
ReCREATE will create a Draft and Final Inspection and Enforcement Plan, for review by City staff, which will describe how commercial edible food recovery programs will be provided to commercial edible food generators (EFGs) located in the City. This plan will address how all edible food recovery elements of SB 1383 will be addressed and the methodology for complying with the regulations, and will include the following elements:
• Methodology for City enforcement of noncompliant generators • Description of how the City will comply with the edible food recovery requirements • Resources and templates to be included as attachments:
o De Minimis Waiver application form
o Notice of Violation Template
o Inspection Form – EFG
o Inspection Form – FRO
o FRO Survey questionnaire for capacity planning purposes Task 14 Implement the inspection and enforcement program This task will be completed as a part of Task 6.
Task 16 Perform waste evaluations to verify commercial businesses and residential generators’ compliance
ReCREATE is available to support the City and/or its franchised waste hauler with waste evaluations or route reviews to meet SB 1383 container contamination minimization requirements, at an additional cost.
Task 17 Take enforcement action regarding the container contaminants ReCREATE will provide ordinance language recommendations that support the container contamination minimization implementation in Task 16. Enforcement action will be inline with the requirements of SB 1383 Section 18984.5.
89 - 145 January 09, 2024
SECTION 2 – QUALIFICATIONS (ReCREATE)
ReCREATE is a full-service technical assistance consulting firm with its primary office location in the city of Long Beach and a team of 15 employees and 5 regularly contracted subconsultants that span Los Angeles County providing boots-on-the-ground staffing and support to its municipal, private, and nonprofit clients. ReCREATE is a Limited Liability Company (partnership) founded in 2020 with owners that bring together over 25 years of experience working in similar capacities in the solid waste and recycling industry. The team is specialized in planning for and implementing State of California laws AB 341, 1826, and SB 1383 specific to increasing participation in diversion programs, reducing contamination, and changing consumer behaviors and perceptions. Our talented staff are specialized in providing engaging education and outreach to diverse communities with COVID-19 safety best practices at the forefront of our programs.
ReCREATE Specialty Services:
● Edible Food Recovery Capacity Planning
● Edible Food Recovery Program Development
● Identification of Tier 1 and Tier 2 Commercial EFGs
● Inspection Program Planning
● Technical Assistance
● Behavior Change Marketing
● Organic Waste and Recycling Outreach
● Conducting Inspections to Commercial EFGs
● Development of Edible Food Outreach Material
● Waste Characterizations (Commercial and Residential)
● Route Reviews for Container Contamination Minimization In addition to performing in-person work for commercial food waste projects, ReCREATE staff have conducted food waste prevention and composting workshops for 18,000 households in a LA Sanitation curbside organics recycling pilot - educating residents on purchasing choices, food storage, and preparation techniques that reduce wasted food.
ReCREATE continues to help its clients with SB 1383, AB 341, and AB 1826 planning and implementation needs and is well versed in the intricacies of food diversion in Southern California.
Financial Condition
ReCREATE is in excellent financial condition, without any outstanding debts, pending litigation, or other current or foreseeable conditions that may impede our ability to complete the project. The firm has not filed for bankruptcy nor are there any planned office closures. 90 - 145 January 09, 2024
Natalie Lessa
ReCREATE Co-Founder, Edible Food Recovery Specialist
Natalie is the Co-Founder of ReCREATE and specializes in education and outreach, zero waste planning and implementation, and on-theground technical assistance to businesses and residents. With over a decade of experience working in the solid waste industry across California, Oregon, Colorado, and Florida, her specialty now lies in supporting local jurisdictions on SB 1383 planning and implementation, specific to edible food and organic waste program rollout and enforcement.
Natalie is the firm’s lead expert in edible food recovery and is responsible for writing local jurisdiction edible food recovery plans, training over 8 inspectors at multiple consulting companies how to execute edible food inspections to CEFGs and FROs, and works closely with local jurisdictions, food recovery organizations and services to understand the full picture of the food donation system. She has an excellent working relationship with CalRecycle and is at the front lines of understanding new guidance and direction related to edible food as the program evolves.
She was recently invited on numerous occasions to speak to CalRecycle LAMD representatives on her work and experience in edible food and was selected to present at the CalRecycle Edible Food Recovery Chat.
Recent projects specific to managing edible food recovery inspection programs include:
● City of Burbank
● City of Ceres
● City of Culver City
● City of Glendale
● City of Torrance
● San Gabriel Valley Council of Governments (cities of Azusa, Duarte, Covina, Irwindale, Glendora, La Canada Flintridge, Monrovia, Monterey Park, Pomona, South Pasadena, Temple City, West Covina)
During her tenure with R3 Consulting Group, Natalie supported multiple zero waste plan and procurement projects for the cities of: Santa Monica, Carlsbad, Redlands, Rancho Cordova, Sacramento, Santa Rosa, Windsor, and the Town of Corte Madera.
Licenses/Certifications/Memberships:
● BA in Journalism and Public Relations, California State University, Chico ● Certified Sustainable Resource Management Professional – San Jose State University ● Climate Protection Professional Certificate – Skyline College (Climate Corps Bay Area) ● Advanced Certificate in Community-Based Social Marketing – Doug McKenzie-Mohr ● Women in Solid Waste and Recycling SoCal Chapter, Leadership Team, Secretary 91 - 145 January 09, 2024
Kirk Kunihiro
ReCREATE Co-Founder, Waste Assessment Specialist
Kirk Kunihiro is the Co-Founder of ReCREATE Waste Collaborative, where he leads the firm’s waste characterization and route review projects. Under his leadership, ReCREATE has completed dozens of waste characterization studies throughout the U.S., and over 16,000 SB-1383 compliant route review inspections in over 20 jurisdictions throughout Los Angeles, Riverside, and San Bernardino Counties.
Previous projects that Kirk has led include those implemented for CalRecycle, WA State Department of Ecology, Los Angeles County Sanitation Districts, City of Los Angeles Sanitation Department, and the New York City Department of Sanitation.
Kirk’s professional specialties include:
• Development and implementation of large scale waste characterization studies, including cart- and generator-based studies
• Coordinating highly complex SB 1383 route review fieldwork logistics and implementation schedules with multiple third parties spanning entire regions • Developing in-house data collection and management systems that comply with SB 1383 recordkeeping requirements
• Development of outreach and education materials
Over the past 10+ years, Kirk has worked with public, private, and non-profit organizations in the waste industry, from state agencies to local municipalities to waste haulers. Prior to cofounding ReCREATE he consulted independently, assisting larger environmental consulting companies with the implementation of waste characterization and outreach projects. Kirk also has a background in waste management for large venues and events.
In addition to Kirk’s professional activities, he is a lead organizer and board member with Long Beach Community Compost, a grassroots nonprofit dedicated to providing, and increasing access to, community scale and local food scraps recycling at no cost to residents of the greater Long Beach area.
92 - 145 January 09, 2024
Antonella Zamora Galvez
ReCREATE, Recycling Specialist II
Antonella is a key edible food recovery project team lead who currently co-manages a 12-city project for the San Gabriel Valley Council of Governments. She uses her native Spanish fluency to offer outreach to all members of the diverse Tier 1 and Tier 2 EFG community, ensuring that information is accessible and equitable for all. She additionally provides education and outreach to FROs as part of the firm’s edible food recovery programs for the cities of La Canada Flintridge, South Pasadena, Glendora, and Irwindale. She recently created an Edible Food Recovery Inspection Plan for the City of Ceres and supports the community with its capacity planning and edible food recovery implementation.
If you get the pleasure to work with Antonella or have her visit one of your businesses, you can be guaranteed to be greeted by her cheerful personality and earnest commitment to move communities towards zero waste.
Kenda Schussel
ReCREATE, Recycling Specialist II
Kendra spent over 15 years in professional and school kitchens working as a chef before becoming overwhelmed with the amount of food and plastic waste generated on a daily basis. She made her move to the other side of the kitchen line to help combat food waste and eliminate single-use plastics by receiving her Certificate in Sustainable Resource Management Professional from San Jose State University.
Kendra leads edible food recovery projects for the City of Burbank and City of Glendale. She has also managed Tier 1 EFG inspections for the cities of Monrovia, Monterey Park, South Pasadena, and Temple City. She is also a key project support for the City of Glendale edible food recovery program and has helped to identify Tier 1 and Tier 2 EFGs and develop a strategy for implementing outreach efforts using Careit software.
Katherine Moreno
ReCREATE, Recycling Specialist I
Katherine Moreno is an edible food recovery inspector and provides technical assistance and recommendations to the Cities of Duarte and Monrovia. She recently conducted edible food inspections for the City of Torrance and assisted with the identification of Tier 1 and 2 EFGs. She has contributed to multiple company waste characterization projects and regularly supports route review projects in dozens of jurisdictions across San Bernardino County.
93 - 145 January 09, 2024
SECTION 2 – QUALIFICATIONS (R3)
R3 has provided services in-line with this proposal for 20 years and has a team of 18 consultants available to support the project with 3 identified as leading this project. Rose Radford is the point of contact for R3 Consulting Group. Rose may be reached at (626) 484-5609 or [email protected].
For the past two decades, R3 has specialized in providing a diverse range of solid waste management consulting services exclusively to public agencies, including rate studies, cost-of-service reviews, competitive procurement and/or extension negotiations of collection, processing and disposal services, development, implementation and monitoring of service contracts and franchise agreements, and legislative compliance.
The R3 team has dedicated their careers to the field of solid waste management and sustainability. We skillfully deliver expert industry analysis and recommendations to our clients - consisting of municipalities, jurisdictions, public agencies, and joint power authorities - but never the solid waste hauling companies we may be reviewing someday.
R3 provides a diverse range of consulting services to public agencies, including:
• Planning, implementation and monitoring, and administrative services in support of legislative compliance with SB 1383 and SB 1016 and Assembly Bill (AB) 939, AB 341, AB 1826, AB 1594, AB 1669, AB 901, and AB 876.
• Competitive procurements and/or extension negotiations of collection, processing, and disposal.
• Developing, implementing, and monitoring hauler performance of service contracts and • agreements and providing findings and recommendations. • Developing and negotiating contracts and Franchise Agreements, including rates, ratesetting formulas, performance standards, and other contractual terms and conditions. • Rate and financial reviews and analyses of fees, rates, and rate structure options. • Developing and implementing Sustainable Materials Management, Zero Waste, and other high-diversion plans.
Legislative Compliance Assistance
R3 provides a full range of planning, design, implementation, monitoring, and administrative services in support of regulatory compliance with state legislation. Our corporate headquarters is in the greater Sacramento region, which ideally positions us for legislative monitoring and tracking. We regularly attend in-person workshops and engage in stakeholder discussions related to AB 1826 and SB 1383, both regionally and statewide. As a member of regional planning groups in California, R3 facilitates discussions with municipalities about the potential implications of AB 1826 and SB 1383 on programs and helps develop plans to prepare for the future of organics infrastructure, policy, and statewide programs. 94 - 145 January 09, 2024
Knowledgeable, experienced staff advise and guide our clients to ensure that jurisdictions meet and remain compliant with all current regulatory requirements, and proactively plan for the demands of impending legislation. We provide a coordinated approach that is logical, costeffective, and draws upon our operational, public policy, and public education and outreach capabilities.
R3’s specific legislative and regulatory compliance services include the following:
• Developing and evaluating commercial recycling and organics recycling programs. • Analyzing options for program improvement and potential new programs. • Identifying businesses subject to compliance with AB 341 and AB 1826. • Monitoring and tracking covered generator compliance. • Designing and assessing public education and outreach materials and methods for notifying businesses of their requirements and compliance options. • Developing franchised waste hauler tracking methods for necessary reporting, public education and outreach, and compliance monitoring requirements. • Providing on-site waste assessments, material characterizations, and hands-on technical assistance to regulated businesses to support their compliance. • Facilitating private sector diversion opportunities, including food donations and recycle/reuse vendors.
R3 staff are experts in the current organic waste legislation and the challenges that state municipalities face. We have assisted dozens of cities and counties with reviewing the cost of commercial recycling and organic waste collection services, determining the true cost-of-service and associated cost-of-service rates, and setting commercial rates that support diversion.
On-Call Solid Waste Consulting Services
R3 has provided a range of on-call solid waste consulting services for many municipal clients throughout California, including the following:
• Monitoring residential and commercial solid waste contracts for compliance with legislative requirements, public outreach and education procedures, and rate-adjustment applications, as well as auditing franchise fee payments, and reported disposal and diversion tonnages.
• Conducting rate-setting and -analysis services, including detailed and indexed rate reviews of hauler rate-
• adjustment applications.
• Providing customer service support to residential, commercial, and C&D customers related to HHW, recycling, organics, and self-haul disposal issues. • Assisting with grant applications, program development, and administration. • Providing opportunities facilitating community engagement, including public education and outreach programs, community workshops, public opinion surveys, focus groups, and broad community print and digital outreach.
95 - 145 January 09, 2024
96 - 145 January 09, 2024
97 - 145 January 09, 2024
SECTION 3 – EXPERIENCE (ReCREATE)
ReCREATE California Clients Local Jur.
Client
Edible
Food
Recovery
Program
Capacity
Assess./
Planning
Other
SB 1383
Services
Burrtec Waste Industries, Inc.
Cascadia Consulting Group x
City of Burbank x x x x
City of Ceres x x x x
City of Culver City* (G2Z subcontractor) x x x
City of Glendale x x x x
City of Hawaiian Gardens x x
City of Palm Springs x x
City of San Luis Obispo x x
City of Torrance x x x
Diversion Strategies x
FoodCycle LA x x
San Bernardino County JPA - MDMRA x x
City of Apple Valley x x
Town of Adelanto x x
City of Barstow x x
City of Big Bear x x
City of Needles x x
City of Twentynine Palms x x
City of Victorville x x
City of Yucca Valley x x
Unincorporated County x x
San Gabriel Valley Council of
Governments (SCS subcontractor) x x x
City of Azusa x x x
City of Covina x x x
City of Duarte x x x
City of Glendora x x x
City of Irwindale x x x
City of La Canada Flintridge x x x
City of Monrovia x x x
City of Monterey Park x x x
City of Pomona x x x
City of South Pasadena x x x
City of Temple City x x x
City of West Covina x x x
98 - 145 January 09, 2024
San Gabriel Valley Council of Governments: Edible Food Recovery Program Services Provided: Edible Food Program Planning, Inspection Plan Development, Assistance Identifying Tier 1 / Tier 2 EFGs, Tracking SB 1383 Compliance, Monthly Reporting, Utilizing Innovative Data Technologies (Careit)
ReCREATE is currently providing 11 participating cities in the San Gabriel Valley Council of Governments (Azusa, Covina, Duarte, Glendora, Irwindale, La Canada Flintridge, Monrovia, Monterey Park, South Pasadena, and Temple City) with edible food recovery program technical assistance to Tier 1 EFGs. ReCREATE Recycling Outreach Specialists, led by Natalie Lessa, are educating business managers of the edible food recovery requirements of SB 1383 during in-person inspections, tracking compliance details, and providing monthly reports on a city-bycity basis. The team was responsible for developing the tools, technology, and data tracking mechanisms for this engagement. Prior to managing the edible food recovery program inspections, ReCREATE led the development of the Inspection Plan for SGVCOG, which served as a training guide and work plan for conducting in-person field work.
Name / Title: Nicholas Ryu, Manager of Sustainability and Natural Resources Phone Number: (626) 373-9365
Email: [email protected]
Address: 1000 S. Fremont Avenue, Suite 10-210, Alhambra, CA 91803 City of Glendale: Edible Food Recovery Program
Services Provided: Edible Food Program Planning, Identification of Tier 1 and Tier 2 EFGs and FROs, FRO Surveys, Edible Food Capacity Planning, Outreach to Tier 1 EFGs, Development of SB 1383 Outreach Material and Website Updates, Tracking SB 1383 Compliance, Monthly Reporting, Utilizing Innovative Data Technologies (Recyclist)
ReCREATE is providing the City of Glendale with the implementation of an edible food recovery program in accordance with SB 1383. As part of this engagement, ReCREATE developed a list of Tier 1/Tier 2 EFGs conducted a capacity planning exercise to determine overall capacity in the community to receive the edible food generated from its EFGs, and provided an approach for providing outreach to EFGs. With assistance from its subconsultants, food donation technology app Careit, and FRO FoodCycle LA, the team can offer EFGs a food donation program and provide data tracking and reporting back to the City to demonstrate compliance with SB 1383.
Name / Title: Etienne Ozorak, Integrated Waste Superintendent Phone Number: (818) 550-3468
Email: [email protected]
Address: 548 West Chevy Chase Dr., Glendale, CA 91204
99 - 145 January 09, 2024
City of Burbank: Edible Food Recovery Program
Services Provided: Edible Food Capacity Planning, Edible Food Program Planning, Identification of Tier 1 and Tier 2 EFGs and FROs, FRO Surveys, Outreach to Tier 1 and Tier 2 EFGs, Development of SB 1383 Outreach Material and Website Updates, Tracking SB 1383 Compliance, Monthly Reporting, Utilizing Innovative Data Technologies (Careit)
ReCREATE is providing the City of Burbank the implementation of an edible food recovery program in accordance with SB 1383. As part of this engagement, ReCREATE developed a list of Tier 1/Tier 2 EFGs conducted a capacity planning exercise to determine overall capacity in the community to receive the edible food generated from its EFGs, and provided an approach for providing outreach to EFGs. ReCREATE also supports the City with its MFD indoor organic waste bin delivery, plastic waste policy stakeholder engagement, school district waste sorts and more.
Dates: April 2022 to November 2023 (Current)
Name / Title: Amber Duran, Recycling Coordinator
Phone Number: (818) 669-3239
Email: [email protected]
Address: 500 S Flower St, Burbank, CA 91502
City of Torrance: Edible Food Recovery Program
Services Provided: Edible Food Program Planning, Edible Food Capacity Planning Data Gathering, Identification of Tier 1 and Tier 2 EFGs and FROs, Outreach to Tier 1 EFGs, Development of SB 1383 Outreach Material and Website Updates ReCREATE developed an Edible Food Recovery Plan for the City of Torrance to help identify a methodology for conducting inspections to CEFGs and FROs/FRSs, identified the List of Tier 1 and Tier 2 CEFGs and FROs/FRSs located in and operating in the city, and confirmed that list during in-person inspections. The Plan also included educational training information for City staff to better understand the local jurisdiction education and inspection requirements of SB 1383, outreach flyers for distribution to the generators, and other helpful resources to support compliance. ReCREATE also provided an Education and Outreach Plan to support with organic waste implementation and now develops SB 1383 social media content for the City.
Dates: May 2022 to November 2023 (Current)
Name / Title: Chris Kuebert, Sanitation Services Manager Phone Number: (310) 781-6900
Email: [email protected]
Address: 20500 Madrona Ave., Torrance, CA 90503
100 - 145 January 09, 2024
City of Palm Springs: Reusable Foodware Ordinance Implementation Services Provided: Technical Assistance to AB 341/1826 Businesses, Monthly Reporting, Phone Call and In-Person Surveys to Businesses, Identification of Environmentally Preferable Products and Alternatives to Single-Use Plastics The City of Palm Springs passed one of the most innovative and first-of-its-kind ordinances in 2021 banning Styrofoam and mandating reusables for dine-in eating, accessories on demand, and fiber-based BPI certified compostable products for takeout. ReCREATE provided education and outreach to nearly 200 food-serving businesses in the city to effectively communicate the requirements of the ordinance.
Name / Title: Tracy Sheldon, Program Coordinator, Office of Sustainability Phone Number: (760) 323-8248
Email: [email protected]
Address: 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 San Bernardino County JPA: Residential Recycling Contamination Pilot Program / Education & Outreach Development / Waste Characterization Management Services Provided: Residential Outreach Program Development, CartBased Waste Characterizations, Lid Flips, Development of Educational Material, Data Tracking and Reporting, Data Analysis
ReCREATE conducted a 9-member agency residential recycling audit, coordinating with franchised waste haulers and facility operators, to conduct a waste assessment of over 1,500 households. The goal of this study was to identify behavior change strategies and test the effectiveness of outreach campaigns, including cart tagging, in the residential sector.
Name / Title: John Davis, Program Administrator
Phone Number: (909) 797-7717
Email: [email protected]
Address: 14343 Civic Dr., Victorville, CA 92392
City of Ceres: Edible Food Recovery Program
Name / Title: Toni Cordell, Administrative Analyst
Phone Number: (209) 538-5602
Email: [email protected]
Address: 2220 Hackett Rd, Ceres, CA 95307
ReCREATE provided the City of Ceres with an Edible Food Recovery Plan, inspections to Tier 1 EFGs and all FROs, identified the List of Tier 1 and Tier 2s and FROs and completed the capacity planning exercise to determine whether the City’s organizations had enough capacity to receive all edible food being disposed of. Our team trained business staff and FROs on Careit and tracked all site visit information for the FRO survey on our internal software. Our project summary included recommendations for expanding capacity and next steps.
101 - 145 January 09, 2024
SECTION 3 – EXPERIENCE (R3)
SERVICES PROVIDED
R3 California Clients
On-Call
Consulting
Services
Legislative
Compliance /
Implement.
Operations
& Perform.
Review
Negotiation/
Procure.
Assistance
City of Banning X X
City of Beaumont X X
City of Brentwood X
City of Burbank X X X
City of Clayton X X
City of Cloverdale X X X
City of Concord X
City of Duarte X X
City of El Cajon X X
City of Fairfield X X X
City of Folsom X X X
City of Glendale X X
City of Los Altos X X
City of Oakland X X
City of Piedmont X X X
City of Pomona X X X X
City of Rancho Cordova X X X X
City Rancho Cucamonga X
City of Rohnert Park X X
City of Rosemead X X
City of Salinas X X X X
City of Santa Barbara X X
City of Santa Clara X X X
City of Santa Clarita X X
City of Santa Monica X X X
City of Santa Rosa X X X
City of Turlock X
San Benito County X X
102 - 145 January 09, 2024
SECTION 4 - COST
The budget for Task 6 includes up to 15 Tier 1, Tier 2 or FRO inspections. Additional inspections may be provided at an additional cost.
Ongoing hourly consulting to be provided according to the rates below.
TASK # – DESCRIPTION COST
1 – Train and teach staff to complete and/or fill all documentation needed for future CAP Reporting $1,320
5 – Increase commercial edible food generator access to food recovery organizations and services $795
6 – Monitor commercial edible food generator compliance and enforce the requirements $3,995*
8 – Identify additional procurement opportunities within departments and divisions for expanding the use of recovered organic waste products $4,900 9 – Meet regulatory procurement targets established by CalRecycle $6,000 12 – Require all businesses from whom the jurisdiction purchases paper products and printing and writing paper (inc. in Task 8) 13 – Develop an inspection and enforcement program to ensure overall compliance with the Regulations $4,955
14 – Implement the inspection and enforcement program (inc. in Task 6) 16 – Perform waste evaluations to verify commercial businesses and residential generators’ compliance
(Adt’l cost at
request of City)
17 – Take enforcement action regarding the container contaminants $985 Ongoing Hourly Consulting as needed (monthly meetings, etc.) $2,000 Total Cost $24,950
STAFF PROJECT ROLE HOURLY RATE
Natalie Lessa Project Manager $175
Kirk Kunihiro Project Support $155
Antonella Zamora Galvez Project Lead,
Lead Inspector $105
Kendra Schussel
Katherine Moreno Field Inspector $85
Rose Radford Task Lead $220
Alex Soulard Task Support $190
103 - 145 January 09, 2024
[TEMPLATE PROFESSIONAL SERVICES AGREEMENT – DELIVERABLES BASED SERVICES– REMOVE THIS TITLE WHEN USED]
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 [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE
STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [INSERT ADDRESS] ("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 [INSERT TYPE] 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 [INSERT TYPE] 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 [INSERT TYPE] consulting services for the [INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE] 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 [INSERT TYPE] 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. [INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWAYS DELETE:
Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”]
104 - 145 January 09, 2024
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 [Insert date by which performance of the services must be completed – if more detail is required attach “Activity Schedule” as Exhibit D, otherwise delete Exhibit D.]
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: [INSERT NAME AND TITLE].
105 - 145 January 09, 2024
3.2.5 City's Representative. The City hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of 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 [INSERT NAME AND TITLE], 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 106 - 145 January 09, 2024
arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, 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. [CONFER WITH XXXX PRIOR TO MAKING ANY DEVIATIONS TO THE FOLLOWING INSURANCE PROVISIONS]
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) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Code 1), or if Consultant has no owned autos, “Hired Auto” (Code 8) and “NonOwned Auto” (Code 9), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. [***NOTE: If Consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; or (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees). ALWAYS DELETE THIS SECTION IF NOT USED.***]
(C) 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’ 107 - 145 January 09, 2024
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. [OPTIONAL: include the following provision if services are with a professional where Errors & Omissions Coverage is required/ needed; otherwise, always delete.] (D) Professional Liability (Errors & Omissions) [***NOTE:
City to determine whether coverage limit is sufficient on a case by case basis. If in doubt, consult with your risk management or insurance advisors***]: Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. [OPTIONAL: Include the following provision if there is a pollution liability exposure; otherwise, always delete.]
(E) Pollution Liability [***NOTE: City to determine
whether coverage limit is sufficient on a case by case basis. If in doubt, consult with your risk management or insurance advisors***]: Pollution Liability Insurance covering all of the consultant’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with limits of not less than $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. [ALWAYS DELETE IF NOT USED]
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:
(A) Commercial General Liability [INSERT "and Pollution Liability"; OTHERWISE, ALWAYS DELETE]:
(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 108 - 145 January 09, 2024
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.
[OPTIONAL: include the following provision if services are with a professional where Errors & Omissions Coverage is required/ needed; otherwise, always delete.] (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.
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.
109 - 145 January 09, 2024
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 selfinsured 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.
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.
110 - 145 January 09, 2024
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.
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.
111 - 145 January 09, 2024
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.
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, 112 - 145 January 09, 2024
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" attached hereto and incorporated herein by reference. The total compensation shall not exceed [INSERT AMOUNT WRITTEN OUT] ($[INSERT NUMBER]) 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 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.”
113 - 145 January 09, 2024
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.
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.
114 - 145 January 09, 2024
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: [INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT CITY STATE ZIP]
ATTN: [INSERT NAME AND TITLE]
City: City of California City
21000 Hacienda Blvd.
California City, California 93505
ATTN: [INSERT NAME AND TITLE]
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 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.
115 - 145 January 09, 2024
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.
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 nonappealable order by a court of competent jurisdiction requires that City release such information.
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. 116 - 145 January 09, 2024
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’) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. 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 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 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, 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.
117 - 145 January 09, 2024
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.
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. 118 - 145 January 09, 2024
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 selfinsurance 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.
[SIGNATURE PAGE TO FOLLOW]
CITY OF CALIFORNIA CITY [INSERT NAME]
By: By:
Inge Elmes
Acting City Manager
[INSERT NAME AND TITLE]
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
119 - 145 January 09, 2024
Secretary OR Treasurer REQUIRED]
ATTEST:
By:
[INSERT NAME AND TITLE
By:
City Clerk
APPROVED AS TO FORM:
By:
Victor Ponto
City Attorney
120 - 145 January 09, 2024
EXHIBIT "A"
SCOPE OF SERVICES
121 - 145 January 09, 2024
EXHIBIT "A-I"
FEDERALLY REQUIRED PROVISIONS FOR SERVICES
[INSERT FEDERALLY REQUIRED PROVISIONS TRIGGERED BY RECEIPT OF FEDERAL FUNDS FOR THE SERVICES; OTHERWISE
ALWAYS DELETE ENTIRE EXHIBIT “A-I”]
122 - 145 January 09, 2024
EXHIBIT "B"
SCHEDULE OF SERVICES
123 - 145 January 09, 2024
EXHIBIT "C"
COMPENSATION
[INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL
AUTOMATICALLY RENEW: In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-San Bernardino Counties.]
124 - 145 January 09, 2024
EXHIBIT “D”
125 - 145 January 09, 2024
CITY COUNCIL
DATE: January 9, 2023
TO: Honorable Mayor and City Council
FROM: Victor Ponto, City Attorney
SUBJECT: Interim City Manager Employment Agreement
_____________________________________________________________________________________
BACKGROUND
On January 2, 2024, the position of City Manager became vacant. To ensure a smooth and timely transition to a new City Manager, the City of California City (“City”) sought to appoint an Interim City Manager during the recruitment for a permanent City Manager. After reviewing potential candidates for an interim appointment, during its special meeting on January 5, 2024, the City Council identified Martin Pinon as the top candidate.
During the January 5, 2024 special meeting, City Council appointed Mr. Pinon as Interim City Manager.
The City and Mr. Pinon agreed that he will hold the appointment as the Interim City Manager during the City’s search for a permanent City Manager. City Council directed staff to negotiate a contract for Mr.
Pinon’s employment and present the final agreement between the parties at the next regular City Council meeting on January 9, 2024.
Mr. Pinon, a CalPERS retiree, is appointed as a retired annuitant under state law, and is limited to serving no more than 960 hours in a fiscal year for any CalPERS contracting agency, as set forth in his proposed employment agreement. Mr. Pinon has several years of human resources and local government management experience, serving as a Director of Human Resources at several local government entities in both California and Arizona, as well as the private sector. He has a bachelor’s of arts in political science, a juris doctor (law degree), and holds several certifications from the California Public Employers Labor Relations Association’s Labor Relations Academy.
Given his experience working with other municipal agencies, the City Council believes Mr. Pinon will be a good fit for the California City community and will work well with City staff and City Council.
DISCUSSION
After contract negotiations, the parties now wish to memorialize the terms and conditions for Mr. Pinon’s employment as detailed in the “Employment Agreement for Position of Interim City Manager” (“Agreement”). The proposed Agreement, attached hereto, has a commencement date of January 5, 2024.
The Agreement will remain in effect until the earliest of the following: (i) upon the employment commencement date of a permanent City Manager, or; (ii) upon Mr. Pinon working his 960th hour during the 2023-2024 fiscal year, including hours worked for other CalPERS agencies during such fiscal year, or; (iii) upon termination of the Agreement as set forth in the Agreement.
In addition to the standard terms and conditions, the Agreement provides for the following:
NB 2.
126 - 145 January 09, 2024
• Hourly rate of $86.54 per hour – equivalent to the hourly rate as set forth in the payroll schedule for City Manager;
• No benefits, incentives, compensation in-lieu of benefits or any other form of compensation; • No provision for or accrual of personal time off, vacation, sick leave, administrative leave, paid holidays, or other similar leave benefits.
The City will pro-actively continue its recruitment process for a new permanent City Manager during the duration of this interim appointment.
RECOMMENDATION
Staff recommends that the City Council
(1) Approve the draft Employment Agreement for Position of Interim City Manager that has been negotiated and published, and is included as Exhibit A.
ENVIRONMENTAL REVIEW
N/A.
Exhibits:
Exhibit A: [“Employment Agreement for Position of Interim City Manager] 127 - 145 January 09, 2024
RETIRED ANNUITANT EMPLOYMENT AGREEMENT
For the Position Of
INTERIM CITY MANAGER
This Employment Agreement ("Agreement") is made and entered into this 9th day of January, 2024, by and between the CITY OF CALIFORNIA CITY ("CITY"), a California general law city and municipal corporation, and MARTIN PINON (“PINON”)(collectively, the “parties”), an individual, on the following terms and conditions:
RECITALS
A. CITY desires to employ the services of PINON as its Interim City Manager, temporarily, to carry out the duties and responsibilities of City Manager as provided for by the City’s Municipal Code and other relevant local and state law, in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.
B. PINON desires to accept employment as Interim City Manager in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.
C. CITY has commenced an open recruitment to permanently fill the vacant position of City Manager. During the recruitment period, and in light of the resignation of the CITY’s prior Acting City Manager, the CITY has developed an immediate need for an Interim City manager, a position involving specialized skills and training and which is critically necessary to the on-going duties and functions of the CITY. PINON, a retired annuitant, because the position of Interim City Manager requires special skills, and PINON, by virtue of his significant experience serving as an assistant city manager in addition to other departmental management leadership positions in other cities, has those special skills.
D. PINON represents that he is a retired annuitant of CalPERS within the meaning of Government Code §§ 7522.56 and 21221(h) and acknowledges that his compensation is statutorily limited as provided in Government Code § 21221(h). PINON represents that, as of the effective date of this Agreement, he has not worked for a state agency or CalPERS contracting agency as a retired annuitant during the CITY's 2023- 2024 fiscal year, and therefore acknowledges that he is restricted to working no more than 960 hours for CITY, a state agency or other CalPERS contracting agencies (collectively "CalPERS Agencies") in a fiscal year, and that his compensation is statutorily limited as provided in Government Code § 21221(h). PINON represents that he has not received unemployment compensation from any CalPERS contracting agency during the 12-month period preceding the effective date of this Agreement. PINON further represents that his CalPERS retirement date became effective prior to the 180-day period preceding the effective date of this Agreement, that he has not received a retirement incentive upon retirement within the meaning of Government Code § 7522.56(g), and that 128 - 145 January 09, 2024
he has attained normal retirement age within the meaning of Government Code § 21220.5.
129 - 145 January 09, 2024
OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the parties agree as follows:
1. Position and Duties.
1.1 Position. PINON accepts employment with CITY as its Interim City Manager and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this Agreement. PINON shall provide service at the direction and under the supervision of the City Council as set forth under local and state law.
1.2 Term. This Agreement shall become effective upon execution by both PINON and CITY's Mayor. PINON shall commence the performance of his duties as the Interim City Manager on January 5, 2024 or at such later date as the parties hereto shall agree in writing ("Commencement Date"). This Agreement shall expire as of the first of the following to occur: (i) upon the employment commencement date of a permanent City Manager employed by CITY, or; (ii) upon PINON working his 960th hour during the 2023- 2024 fiscal year, including hours worked for other CalPERS agencies during such fiscal year, or; (iii) upon termination of the Agreement by either PINON or CITY as provided in Section 4 [Termination] of this Agreement.
1.3 At-Will. PINON acknowledges that he is an at-will, temporary employee of CITY who shall always serve at the pleasure of the City Council during the period of his service hereunder. The terms of CITY's personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding City Administrative Personnel (collectively "Personnel Policies") , as they may be amended or supplemented from time to time, shall not apply to PINON, and nothing in this Agreement is intended to, or does, confer upon PINON any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate his employment, except as is expressly provided in Section 1.2 [Term] or Section 4 [Termination] of this Agreement. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of PINON, as provided in Section 1.2 [Term] or Section 4 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of PINON to resign at any time from this position with CITY, subject only to the provisions set forth in Section
1.2 [Term] or Section 4 [Termination] of this Agreement. This at-will employment Agreement shall be expressly subject to the rights and obligations of CITY and PINON, as set forth in Section 1.2 [Term] or Section 4 [Termination] below.
1.4 Duties. PENMAN shall serve as the Interim City Manager and shall for the Term of the Agreement be vested with the powers, duties and responsibilities of the City Manager as set forth in the City’s municipal code and other governing rules, regulations, or legislative enactments, the terms of which are incorporated herein by reference.
Without additional compensation, PINON shall provide such other services as are customary and appropriate to the position of City Manager, with such additional services 130 - 145 January 09, 2024
assigned from time to time by the City Council as may be consistent with state law and the City’s municipal code. PINON shall devote his best efforts and full-time attention to the performance of these duties.
1.5 Hours of Work. PINON shall devote the time necessary to adequately perform his duties as Interim City Manager. The parties anticipate that PINON will work a sufficient number of hours per week allocated between regular business hours and hours outside of regular business hours. Toward that end, PINON shall be allowed reasonable flexibility in setting his own office hours. However, in no event shall PINON be required to work more than 960 hours per fiscal year for CITY, including hours worked for other CalPERS agencies during the 2023-2024 fiscal year. The position of Interim City Manager shall be deemed an exempt position under California wage and hour law.
1.6 Reimbursements. The CITY shall reimburse PINON for reasonable and necessary travel, subsistence and other business expenses incurred by PINON in the performance of his duties. All reimbursements shall be subject to and in accordance with California law and applicable CITY reimbursement policies.
1.7 Other Activity. In accordance with Government Code § 1126, during the period of his employment, PINON shall not accept, without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of PINON's duties as Interim City Manager.
2. Compensation.
2.1 Rate of Pay. For all services performed by PINON as the Interim City Manager under this Agreement, CITY shall pay PINON compensation at the rate of $86.54 per hour according to the relevant payroll schedule in place for CITY subject to the limitations provided below.
2.1.1 Compliance with CaIPERS requirements. It is the intent of the parties to compensate PINON only to the extent permitted under Government Code § 21221(h) and corresponding CalPERS regulations, including but not limited to 7522.56(d), and policy statements. The Rate of Pay is equal to that of the established payroll schedule for the position of City Manager. PINON acknowledges that he will not receive any benefits, incentives, compensation inlieu of benefits or any other form of compensation.
2.1.2 Recordation and Reporting of Hours Worked. PINON will comply with all applicable CalPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for CITY to CalPERS as may be required. CITY shall assist in any such reporting obligations to 131 - 145 January 09, 2024
CalPERS. Additionally, PINON shall keep CITY continually apprised of any hours worked by PINON for other CalPERS Agencies during the term of this Agreement.
2.2 Benefits.
2.2.1 No Benefits. Pursuant to Government Code §21221(h) and related CaIPERS regulations and policy statements, PINON shall not receive from CITY any benefits CITY commonly provides to its employees, including without limitation health, dental, or vision insurance coverage, life insurance, employee assistance programs, and similar benefits.
132 - 145 January 09, 2024
3. Vacation and Leave.
3.1 No Leave. PINON and CITY agree that PINON, in accordance with Government Code § 21221(h) and related CalPERS regulations and policy statements, shall not be provided or accrue any personal time off, vacation, sick leave, administrative lease, paid holidays or similar leave benefits.
4. Termination.
4.1 By CITY. This Agreement may be terminated by CITY for any reason fourteen (14) days after providing written notice to PINON of such termination. CITY 's only obligation in the event of such termination will be payment to PINON of all compensation then due and owing as set forth in Section 2.1 [Rate of Pay] up to and including the effective date of termination. However, this Agreement may be terminated immediately if necessitated by changes to CalPERS statutory or regulatory requirements.
4.2 By PINON. This Agreement may be terminated by PINON for any reason fourteen (14) days after providing written notice to CITY of such termination. CITY shall have the option, in its complete discretion, to make PINON's termination effective at any time prior to the end of such period, provided CITY pays PINON all compensation as set forth in Section 2.1 [Rate of Pay] then due and owing him through the last day actually worked.
4.3 No Notice for Expiration. Nothing in this Section 4 [Termination] shall be construed to require either party to give advance written notice for the Agreement to expire as set forth in Section 1.2 [Term].
4.4 Termination Obligations. PINON agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to CITY and shall be returned promptly to CITY upon termination of PINON's employment. PINON's obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
5. Proprietary Information.
"Proprietary Information" is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY during his/her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of CITY' s organization, and all Proprietary Information so known only through improper means, shall be deemed "Confidential Information." During his employment by CITY, PINON shall 133 - 145 January 09, 2024
use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is, or may be, necessary to perform his job responsibilities under this Agreement. Following termination, PINON shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. PINON's obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
6. Conflict of Interest.
PINON represents and warrants to CITY that he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this Agreement.
7. General Provisions.
7.1 Recitals. The recitals, inclusive of all facts and representations, are incorporated into this Agreement as if set forth in the Operative Provisions.
7.2 Vehicle Operation. PINON shall operate any vehicle used in connection with the performance of his duties as Interim City Manager in a safe manner and otherwise in observance of all established traffic safety laws and ordinances and shall maintain a valid California automobile's driver's license during the period of employment.
7.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and or at the last known address maintained in PINON's personnel file. PINON agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.
City's Notice Address:
City of California City
21000 Hacienda Blvd.
California City, CA 93505
Attn: Mayor and City Council
Interim City Manager's Address:
Martin Pinon
[Deliver to last updated address in personnel file]
7.4 Indemnification. Subject to, in accordance with, and to the extent provided by the California Government Claims Act [Government Code § 810 et seq.], CITY will indemnify, defend, and hold PINON harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, 134 - 145 January 09, 2024
loss or other damages, arising out of any act or omission occurring during PINON's tenure as Interim City Manager. Such indemnification does not extend, however, to any obligation of PINON under relevant CalPERS regulations and state law for the maintenance of his retirement benefit while working as a retired annuitant.
7.5 Bonding. CITY shall bear the full cost of any fidelity or other bonds required of the Interim City Manager under any law or ordinance.
7.6 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of PINON's employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of PINON, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to PINON and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.
7.7 Amendments. This Agreement may not be amended except in a written document signed by PINON, approved by the City Council and signed by CITY’s Mayor.
7.8 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.
7.9 Assignment. PINON shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to PINON, assign its rights and obligations hereunder.
7.10 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
7.11 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
7.12 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Kern County, State of California.
7.13 Interpretation. This Agreement shall be construed, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives 135 - 145 January 09, 2024
their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.
7.14 Acknowledgment. PINON acknowledges that he has had the opportunity to consult legal counsel regarding this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and PINON has signed and executed this Agreement, as of the date first indicated above.
INTERIM CITY MANAGER CITY OF CALIFORNIA CITY
_______________________________ _______________________________ Martin Pinon Kelly Kulikoff
Mayor
ATTEST: APPROVED AS TO FORM
_______________________________ _______________________________ Socorro Chavez Victor Ponto
City Clerk City Attorney
136 - 145 January 09, 2024
SUCCESSOR AGENCY
City of California City
DATE: January 9, 2024
TO: Members of the Successor Agency Board to the dissolved California City Redevelopment Agency
FROM: Kenny Cooper, Finance Manager
SUBJECT: Adopt Resolution No. SA 01-24-3013 of the Successor Agency of the California Redevelopment Agency Approving the Recognized Obligation Payment Schedule (ROPS 24-25) for the period July 1, 2024 – June 30, 2025.
Background / Discussion
The City of California City Redevelopment Agency was dissolved on February 1, 2012 pursuant to ABx1 26.
Subsequently, the City Council elected to become the Successor Agency to the Redevelopment Agency in order to ensure that projects underway at the time of dissolution were completed, to retain control over the disposition of assets, and to make obligation payments identified in a Recognized Obligation Payment Schedule (ROPS). The ROPS serves to identify all of the enforceable obligations of the former RDA including debt service payments, loans, contracts, projects, employee and other administrative costs, etc. Each ROPS is prepared by the Successor Agency and presented to the City Council and the Countywide Oversight Board for approval. The ROPS is then submitted to the Department of Finance (DOF) for approval.
Pursuant to Health and Safety Code Section 34179.7(o)(1), the Successor Agency must submit an Oversight Board-approved annual ROPS to DOF and the County Auditor Controller by February 1st of each year for the following fiscal year. Upon submitting and obtaining ultimate approval of the ROPS, fund distributions to pay enforceable obligations are made by the County in January and June each year.
The ROPS 24-25 has been prepared by staff and provides a list of obligations and amounts due to the period July 1, 2024 through June 30, 2025. The estimated twelve-month funding requirement to satisfy identified obligations is $814,969. Obligations listed on the ROPS 24-25 include required debt service for an outstanding redevelopment bond issue; an RPTTF cash shortfall; and an administrative allocation. Upon approval of the City Council and Oversight Board, the ROPS 24-25 will be submitted to the DOF and County Auditor-Controller for review and approval.
FISCAL IMPACT
In summary, the following obligations are listed on the ROPS 24-25:
• Administrative Allocation - $75,000. Covers administrative costs for City Manager’s Office; Finance Department and City Clerk’s Office, including any supplies, materials and consultant costs necessary to carry out Successor Agency Operations for FY 2024-25. • 2014 Tax Allocation Bond Debt Service payment - $733,863 137
NB 3.
- 145 January 09, 2024
• 2014 Tax Allocation Bond Debt Service Fees - $3,500
• Unexpected Prior RPTTF Shortfall - $2,606
Total RPTTF Requested $813,735
Other Funds* $1,234
• Other funds represent revenues generated from lease of property owned by the former redevelopment agency at the City of California City Airport.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. SA 01-24-3013 approving the Recognized Obligation Payment Schedule (ROPS 24-25) for the period July 1, 2024 through June 30, 2025 for submittal to the Countywide Oversight Board for their scheduled meeting on January 15th, 2024. All ROPS are due to the Department of Finance by February 1, 2024.
ATTACHMENTS
Resolution No. SA 01-24-3013
Cal City 24-25 Recognized Obligation Payment Schedule (ROPS) 138 - 145 January 09, 2024
RESOLUTION NO. SA 01-24-3013
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE CALIFORNIA CITY
REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JULY 1, 2024 TO JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(I)
RECITALS:
A. The City Council of the City of California City (the “City”) adopted Resolution No. 01-24-3013 on January 9, 2024 pursuant to Part 1.85 of the California Health and Safety Code electing for the City to serve as the successor agency for the City of California City Redevelopment Agency (the “Successor Agency”) upon the dissolution of the California City Redevelopment Agency.
B. Health and Safety Code section 34177(1)(2) requires the Successor Agency to submit a Recognized Obligation Payment Schedule (ROPS) by February 1, 2024, listing outstanding obligations of the Agency to be performed by the Successor Agency during the time period from July 1, 2024 through June 30, 2025; and
NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE CALIFORNIA
CITY REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES,
RESOLVES, AND ORDERS AS FOLLOWS:
Section1. The above recitals are true and correct and are a substantive part of this Resolution.
Section2. This Resolution is adopted pursuant to Health and Safety Code Section 34170.5.
Section 3. The Successor Agency hereby approves and adopts the ROPS 24-25, as shown in Exhibit “A” pursuant to Health and Safety Code Section 34177.
Section 4. The Secretary is hereby authorized and directed to file a certified copy of this Resolution to the Countywide Oversight Board.
Section 5. Pursuant to Health and Safety Code Section 34179(h), all actions taken by the Successor Agency may be reviewed by the Countywide Oversight Board and the State of California Department of Finance, and therefore, this Resolution shall not be effective for three (3) business days, pending a request for review by the Countywide Oversight Board and the State of California Department of Finance PASSED AND ADOPTED this 9th day of January, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
139 - 145 January 09, 2024
____________________________________
Kelly Kulikoff, Chairman
ATTEST:
___________________________
Socorro Chavez, Secretary
I hereby certify that the foregoing resolution was duly and regularly adopted by the Successor Agency Board at their Special Meeting thereof held on 9th day of January, 2024.
___________________________
Socorro Chavez, Secretary
140 - 145 January 09, 2024
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: California City
County: Kern
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 1,234 $ - $ 1,234 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 1,234 - 1,234
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 410,054 $ 403,681 $ 813,735 F RPTTF 373,788 366,181 739,969
G Administrative RPTTF 36,266 37,500 73,766
H Current Period Enforceable Obligations (A+E) $ 411,288 $ 403,681 $ 814,969 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
141 - 145 January 09, 2024
California City
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$6,946,869 $814,969 $- $- $1,234 $373,788 $36,266 $411,288 $- $- $- $366,181 $37,500 $403,681 6 Federal Court
Stipulated
Judgment
Litigation 09/27/
1993
07/26/2038 California
City SDI
Fund
Loan for
commercial/
housing
project. Land
(2)
One - N $- - - - - - $- - - - - - $-
10 Employees/
Operating
Admin Costs 02/01/
2012
07/26/2038 Staff/
Operations
Annual Admin/
Operations
Successor
Agency
One 75,000 N $75,000 - - 1,234 - 36,266 $37,500 - - - - 37,500 $37,500 19 2014 Tax
Allocation
Refunding
Bonds
Bonds Issued
After 12/31/10
08/24/
2014
09/01/2034 U S Bank Bond
Refinance
One 6,865,763 N $733,863 - - - 367,682 - $367,682 - - - 366,181 - $366,181 21 Loan from Low/
Mod Housing
Fund
SERAF/ERAF 02/01/
2010
06/30/2015 California
City
Housing
Loan to fund
SERAF
Payment
- Y $- - - - - - $- - - - - - $-
26 Debt Service
Administration
Bonds Issued
After 12/31/10
08/24/
2014
09/01/2034 U.S. Bank Debt Service
Wire Fees for
2014 TARB
3,500 N $3,500 - - - 3,500 - $3,500 - - - - - $-
27 Unexpected
Cost
Reimbursement
Miscellaneous 07/01/
2024
06/30/2025 Successor
Agency
Unexpected
Costs
Reimbursement
2,606 N $2,606 - - - 2,606 - $2,606 - - - - - $-
142 - 145 January 09, 2024
California City
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
1 83,626 10,516 3,008
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
44,632 951,285
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
125,000 956,899
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
1 2,983 53,914 - E4 - 19-20 and 20-21 PPAs
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $(44,357) $1,234 $(2,606) E6 - Requested and approved on 23-24 ROPS. The negative balance will clear
when received. G6 - Requested in 24-25
ROPS for unexpected debt administration
143 - 145 January 09, 2024
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
costs
144 - 145 January 09, 2024
California City
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
6 10
19 21
26 27 There were new debt administrative fees for the 2014 TARB in FY21-22 that were unexpected and, accordingly, not requested for RPTTF reimbursement. The amount requested equals the exact shortage reported in the 21-22 PPA.
145 - 145 January 09, 2024