Calimesa City Council
May 2, 2022

Regular Meeting of the Calimesa City Council
May 2, 2022

CALL TO ORDER
ROLL CALL: MAYOR DAVIS, MAYOR PRO TEM CERVANTEZ, COUNCIL MEMBER DUVALL, COUNCIL MEMBER HEWITT AND COUNCIL MEMBER MOLINA.

STAFF: CITY MANAGER JOHNSON, CITY ATTORNEY BARROW, CITY CLERK

GERDES, FINANCE DIRECTOR REID, PLANNING MANAGER LUCIA, PUBLIC

WORKS DIRECTOR MONSON, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN SALAS.

PLEDGE OF ALLEGIANCE
City of Calimesa
Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, May 2, 2022 – 6:00 p.m.

Norton Younglove Multipurpose Senior Center
908 Park Avenue, Calimesa, CA 92320
William Davis, Mayor  Jeff Cervantez, Mayor Pro Tem
Wynona Duvall, Council Member  Wendy Hewitt, Council Member  Linda Molina, Council Member Bonnie Johnson, City Manager  Quinn Barrow, City Attorney The Calimesa City Council will be conducting this meeting in the Norton Younglove Senior Center. Members of the public may participate in this meeting in one of two ways:
1) In person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320. 2) By viewing the meeting on Facebook Live, beginning at 6:00 p.m. at https://www.facebook.com/cityof.calimesa Submission of Public Comments: If attending the meeting, public comment will be allowed by completing a blue speaker slip and providing it to the City Clerk at the meeting. Please observe a time limit of three (3) minutes when giving your presentation. When called upon, please step forward to the microphone, state your name for the record, whom you represent and any statement you wish to make. Please be advised that you may not defer your three (3) minutes to another speaker. Otherwise, public comment will be accepted via email. Please send comments via email to the Calimesa City Clerk at [email protected]. Identify public comment or the specific agenda item you wish to comment on in your email’s subject line. You may submit comments on any agenda item. Emailed comments must be submitted by 5:30 p.m. on Monday, May 2, 2022 and will be read into the record by the City Clerk. Electronic comments on agenda items may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office, (909) 795-9801. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Any public writings distributed by the City to at least a majority of the Council Members regarding any item on this regular meeting agenda will be made available at the public counter at City Hall located at 908 Park Avenue, Calimesa, CA 92320.

Regular Meeting of the Calimesa City Council
May 2, 2022

COMMUNICATIONS FROM THE PUBLIC
Anyone wishing to address the Council on any item within the Council’s jurisdiction that is not on the agenda may do so at this time. This is not a time for City Council discussion of non-agenda items. After receiving public comments, Council Members or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.

APPROVAL OF THE AGENDA
RECOMMENDATION: Move to approve the agenda
Motion____________________ Second____________________ Vote____________________ CONSENT CALENDAR (Items 1 – 10)
The following Consent Calendar items are expected to be routine and non-controversial. Council will act upon them at one time without discussion. Any Council Member or staff member may request removal of an item from the Consent Calendar for discussion.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of a regular meeting of April 18, 2022.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) There are no minutes ready for approval at this time.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $619,367.74 (Check Nos. 38529 to 38597) b) April 14, 2022 Payroll of $78,556.53

4. WAIVE FULL READING OF ANY PROPOSED ORDINANCES ON THE AGENDA.

This permits reading the title only in lieu of reciting the entire text of the Ordinances. This does not take policy action on the Ordinances or approve or disapprove any Ordinances on the agenda.

5. TREASURER’S REPORT FOR THE MONTH ENDED MARCH 31, 2022 RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended March 31, 2022.

6. ADOPTION OF RESOLUTION NO. 2021-20 APPROVING A CPI RATE INCREASE BY CR&R, INCORPORATED EFFECTIVE JULY 1, 2021.

RECOMMENDATION: That the City Council adopt Resolution No. 2022-16, a Resolution of the City Council of the City of Calimesa, California approving a CPI rate increase by CR&R, Incorporated effective July 1, 2022.

7. AGREEMENT FOR PROFESSIONAL SERVICES – CITY MANAGER RECRUITMENT.

RECOMMENDATION: That the City Council approve a professional services agreement with HR Dynamics & Performance Management, Inc.in an amount not-to-exceed $22,585. 8 RENEWAL OF LAW ENFORCEMENT CONTRACT
RECOMMENDATION: That the City Council approve renewing the law enforcement contract with the Riverside County Sheriff’s Department and authorize the Mayor to execute the agreement.

Regular Meeting of the Calimesa City Council
May 2, 2022

9. EMERGENCY CLEANUP OF SEPTIC TANK LEAK ON HARRUBY DRIVE.

RECOMMENDATION: That the City Council adopt Resolution No. 2022-17 making findings in support of a waiver of public bidding requirements and amending the FY 2021-22 budget to include an appropriation in the amount of $22,569.97 for emergency cleanup services.

10. APPROVE AMENDED AGREEMENT WITH RIVERSIDE COUNTY DEPARTMENT OF

HOUSING, HOMELESS PREVENTION AND WORKFORCE SOLUTIONS (HHPWS) FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO. 5.CM.01- 21, NORTON YOUNGLOVE SENIOR CENTER ADA IMPROVEMENT PROJECT NO 2020-02.

RECOMMENDATION: That the City Council approve an amended agreement with Riverside County Department of Housing, Homeless Prevention and Workforce Solutions (HHPWS) for Community Development Block Grant (CDBG) Project No. 5.CM.01-21 for the amount of $46,067.70 for the construction of the Norton Younglove Senior Center ADA Improvement Project No 2020-02.

POLICE CHIEF COMMENTS & REPORTS

FIRE CHIEF COMMENTS & REPORTS

MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS This is the time for comments, announcements and/or reports on meetings attended at public expense as required by AB 1234.

BUSINESS ITEMS

11. NEW CALIMESA WEBSITE REVEAL.

RECOMMENDATION: That the City Council receive and file the report received on the new website.

COUNCIL MEMBERS’ COMMENTS & REPORTS
This is the time for additional general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).

CITY MANAGER COMMENTS & REPORTS

CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)(e)(5) - A point has been reached where, in the opinion of the City Council, on the advice of its City Attorney based on existing facts and circumstances, there is a significant exposure to litigation against the City. A threat of litigation is available upon request at the City Clerk’s Office at City Hall, 908 Park Ave, Calimesa, CA 92320.

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, May 16, 2022 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: May 2, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council meeting of April 18, 2022.

ATTACHMENTS:

Attachment A: City Council action minutes of April 18, 2022 regular meeting.

City Council Action Minutes of the
Regular Meeting of April 18, 2022

City Of Calimesa
City Council Minutes of Regular Meeting
April 18, 2022
Members of the public were encouraged to participate in this meeting in one of two ways:
1) In person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320, maintaining a 6-foot distance from others.
2) By viewing the meeting on Facebook Live, beginning at 6:00 p.m. at https://www.facebook.com/cityofcalimesa
Submission of Public Comments: Those attending the meeting were allowed to speak during public comment by completing a blue speaker slip and providing it to the City Clerk at the meeting.

Otherwise, public comment was accepted via email to the Calimesa City Clerk at [email protected] with a deadline of 5:30 p.m. on Monday, April 18, 2022.

CALL TO ORDER 6:00 p.m. by Mayor Davis
ROLL CALL: MAYOR DAVIS, MAYOR PRO TEM CERVANTEZ, COUNCIL

MEMBER DUVALL, COUNCIL MEMBER HEWITT AND COUNCIL
MEMBER MOLINA.

ABSENT: NONE
STAFF: CITY MANAGER JOHNSON, CITY ATTORNEY BARROW, CITY

CLERK GERDES, FINANCE DIRECTOR REID, PLANNING

MANAGER LUCIA, CITY ENGINEER THORNTON, PUBLIC WORKS
ENGINEER BAILEY, FIRE CHIEF O’CONNELL AND SHERIFF
CAPTAIN SALAS.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Pro Tem Cervantez.

COMMUNICATIONS FROM THE PUBLIC
None

APPROVAL OF THE AGENDA

MOTION BY COUNCIL MEMBER MOLINA, SECONDED BY COUNCIL MEMBER HEWITT, CARRIED 5-0 TO APPROVE THE AGENDA AS PRESENTED.

Mayor Davis asked if there were any items to be removed from the Consent Calendar for discussion. There were no items removed.

Attachment 1A
City Council Action Minutes of the
Regular Meeting of April 18, 2022

CONSENT CALENDAR (Items 1 – 9)
The following Consent Calendar items are expected to be routine and non-controversial. Council will act upon them at one time without discussion. Any Council Member or staff member may request removal of an item from the Consent Calendar for discussion.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of a regular meeting of April 4, 2022.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of February 1, 2022 regular meeting. b) Planning Commission action minutes of special meeting of January 24, 2022.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $151,778.24(Check Nos. 38478 to 38528) b) March 31, 2022 Payroll of $73,487.64
April 1, 2022 Council Payroll of $1,673.25

4. WAIVE FULL READING OF ANY PROPOSED ORDINANCES ON THE AGENDA.

This permits reading the title only in lieu of reciting the entire text of the Ordinances.

This does not take policy action on the Ordinances or approve or disapprove any Ordinances on the agenda.

5. TRAVEL EXPENSES
RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through March 31, 2022.

6. 2021 GENERAL PLAN ANNUAL PROGRESS REPORT AND 2021 HOUSING ELEMENT PROGRESS REPORT.

RECOMMENDATION: That the City Council receive and file the attached General Plan Annual Progress Report and Housing Element Annual Progress Report and provide direction to Staff to send the reports to the City Council. Please note that the California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR) received the reports on March 30, 2022. The Planning Commission received the reports at the regular meeting of April 11, 2022.

7. ACCEPTANCE AND APPROVAL OF NALOXONE DISTRIBUTION PROJECT

APPLICATION - STATE OF CALIFORNIA HEALTH AND HUMAN SERVIES

AGENCY DEPARMENT OF HEALTH CARE SERVICES
RECOMMENDATION: That the City Council authorize the acceptance of (48) units of Naloxone available via the State of California Health and Human Services Agency Department of Health Care Services Naloxone Distribution Project and direct staff to comply with program participation and application requirements on a continuing basis under the supervision and direction of the Fire Chief and the Fire Department Emergency Medical Services Basic Life Support (BLS) Program.

City Council Action Minutes of the
Regular Meeting of April 18, 2022

8. AWARD CONSTRUCTION CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO. 5.CM.01-22, NORTON YOUNGLOVE SENIOR CENTER ADA IMPROVEMENT PROJECT NO 2020-02.

RECOMMENDATION: That the City Council:

1. Award a construction contract to I.E. General Engineering, Inc. for the amount of $46,067.70 for the construction of the Norton Younglove Senior Center ADA Improvement Project No 2020-02; and

2. Approve a construction contingency of 10% for the amount of $4,068, a design budget of $3,500 for plans specifications and bidding, and a budget for the management of construction of 12% including inspection and materials testing of in the amount of up to $5,500; for a total project cost of $59,135.70 and

3. Approve the Plans and Specifications; and

4. Approve Resolution 2022-14, a Resolution of the City of Calimesa authorizing award to a single bidder for the construction of the Norton Younglove Senior Center ADA Improvement Project No 2020-02.

9. WILDLAND PROTECTION AGREEMENT BETWEEN THE CITY OF CALIMESA

AND THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)
RECOMMENDATION: That the City Council adopt Resolution 2022-15, a Resolution of the City Council of the City Calimesa approving an Agreement between the City and the California Department of Forestry and Fire Protection (CAL FIRE) for Protection of Wildlands within the Local Agency Responsibility Area (LRA) of the City, approving the Wildland Operating Plan between the City of Calimesa and the CAL FIRE/Riverside Unit, approving an Agreement Summary with CAL FIRE, and authorizing the City Manager to execute these Agreements and related documents.

MOTION BY COUNCIL MEMBER DUVALL, SECONDED BY COUNCIL MEMBER HEWITT, CARRIED 5-0 TO APPROVE THE CONSENT CALENDAR AS PRESENTED.

CHAMBER OF COMMERCE REPORTS
Chamber Vice President Phillips provided the following report: The Chamber breakfast was held on April 12, 2022 with Cyndi Pierce from Twin Graphics as the speaker, the next breakfast will be held on May 10, 2022 at Kafé Royale. April 25, 2022 is the deadline for Chamber Scholarship Applications with the Scholarship Tea being held on May 12, 2022 at the Calimesa Event Center with Supervisor Hewitt as the guest speaker. The cost is $30.00 and tickets may be purchased on the Chamber website. Membership statistics for April are as follows: 3 new members, 5 renewals with 137 total members. Hungry Games will start on May 2nd and run through June 27th with winners notified in July.

POLICE CHIEF COMMENTS & REPORTS
Captain Salas reported 366 calls for service between April 1st and 17th with 6 assaults, 2 domestic violence, 2 burglaries, 5 DUI calls – no arrests, 12 grand thefts, 13 petty thefts,

City Council Action Minutes of the
Regular Meeting of April 18, 2022

1 drug call, 9 traffic citations, 6 traffic collisions and 4 stolen vehicles.

FIRE CHIEF COMMENTS & REPORTS
Fire Chief O’Connell reported 510 calls for service since January 1, 2022, 351 of those calls being medical aide, 19 fires, 12 mutual aid out of the City and 4 mutual aids into the City. 127 miscellaneous calls for public assistance. He further reported that they assisted with a residential structure fire in Beaumont. He stated that the 1st round of weed abatement inspections had been completed with a second inspection to take place in 30 days. He reported that the annual wildfire training refresher was held over the weekend.

He further reported that all apparatuses have been serviced and annual inspections completed making them ready for the upcoming fire season.

MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS This is the time for comments, announcements and/or reports on meetings attended at public expense as required by AB 1234.

Council Member Molina reported that she attended an RTA Budget and Finance Committee meeting.

PUBLIC HEARINGS

10. PUBLIC HEARING: REVISIONS TO THE CITY’S COMPREHENSIVE FEE

SCHEDULE
RECOMMENDATION: That the City Council conduct the public hearing and adopt Resolution No. 2022-05, adopting updates to the Comprehensive Fee Schedule for certain Building Department fees.

Mayor Davis opened the public hearing.

City Manager Johnson presented the agenda report and introduced Ron Grider, Building Official who answered questions of the Council.

There was no public testimony.

Mayor Davis closed the public hearing.

After Council discussion the following action was taken:

MOTION BY MAYOR PRO TEM CERVANTEZ, SECONDED BY COUNCIL MEMBER MOLINA, CARRIED 5-0 TO ADOPT RESOLUTION NO. 2022-05, ADOPTING

UPDATES TO THE COMPREHENSIVE FEE SCHEDULE FOR CERTAIN BUILDING DEPARTMENT FEES.

COUNCIL MEMBERS’ COMMENTS & REPORTS
This is the time for additional general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).

City Council Action Minutes of the
Regular Meeting of April 18, 2022

Council Member Hewitt reported that she attended the Morongo Community Awards event, adding that they presented over $200,000 in awards stating it was a nice event.

Mayor Pro Tem Cervantez spoke regarding the Countyline Road Ground Breaking that took place earlier in the day, stating that he was excited about the coordination between both the City of Calimesa and City of Yucaipa for the project.

Council Member Duvall reported that she attended the April 7, 2022 Overlay Zone Project Zoom meeting and the April 11, 2022 San Gorgonio Pass Water Agency meeting where they discussed an agreement to provide GAP Funding to the Cabazon Water District and consideration of continued participation in the Delta Conveyance Project & Determining California Environmental Quality Act Exemption. She further reported that she attended the April 13, 2022 Community Outreach Award Luncheon at Morongo Resort & Casino.

CITY MANAGER COMMENTS & REPORTS
City Manager Johnson reminded Council of the WRCOG General Assembly that would be held on June 23, 2022 and requested that they inform Deputy City Manager/City Clerk Gerdes if they plan to attend.

RECESS TO CLOSED SESSION
City Attorney Barrow announced the Closed Session Item and Mayor Davis recessed the meeting to Closed Session at 6:32 p.m.

A. CLOSED SESSION CONFERENCE INVOLVING WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG), A JOINT POWERS AUTHORITY - Pursuant to Government Code Section 54956.96 A, Subsection (1)(B), the City Council will go into closed session to receive a report from City WRCOG Representative Wendy Hewitt concerning: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1): Western Community Energy, Debtor, United States Bankruptcy Court, Central District -- Riverside Division, Case No. 6:21-bk-12821-SY

CLOSED SESSION ANNOUNCEMENT
a. Direction was given to City Attorney and City Manager with no reportable action.

ADJOURNMENT
Meeting was adjourned at 7:05 p.m. to the Regular Meeting of the City Council on Monday, May 2, 2022 at 6:00 p.m.

Respectfully Submitted,
Darlene Gerdes, City Clerk

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: May 2, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk There are no minutes ready for approval at this time.

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: May 2, 2022
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $619,367.74 (Check Nos. 38529-38597) b) April 14, 2022 Payroll of $78,556.53

City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: WAIVE FULL READING OF ANY PROPOSED ORDINANCES ON

THE AGENDA
MEETING DATE: May 2, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk This permits reading the title only in lieu of reciting the entire text of the ordinances. This does not take
policy action on the Ordinances or approve or
disapprove any Ordinances on the agenda.

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
MARCH 31, 2022
MEETING DATE: May 2, 2022
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended March 31, 2022.

BACKGROUND: Pursuant to Council Resolution No. 2021-51 approved on November 15, 2021, the monthly Treasurer’s Report is hereby submitted. The report complies with the aforementioned Council resolution, as well as Government Code Section 53646.

DISCUSSION: Significant transactions during the month include the following:
• Debt service payments for Community Facility District funds were paid from US Bank Investment accounts in the amount of $541,749.

FISCAL IMPACT: Expenditures were recognized in the Community Facility District funds for respective debt service payments of $541,749.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended March 31, 2022.

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: ADOPTION OF RESOLUTION NO. 2022-16 APPROVING A CPI

RATE INCREASE BY CR&R, INCORPORATED EFFECTIVE JULY
1, 2022.

MEETING DATE: May 2, 2022
PRESENTED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council adopt Resolution No. 2022-16, A Resolution of the City Council of the City of Calimesa, California, Approving a CPI rate increase by CR&R, Incorporated effective July 1, 2022.

BACKGROUND: The City entered into a Franchise Agreement dated August 14, 1996 with Cherry Valley Sanitation, Inc. to provide for solid waste disposal for residential, commercial and industrial properties in the City. On October 20, 2003, the Council adopted Resolution 2003-50 approving the transfer of the Franchise Agreement to CR&R Incorporated. On July 7, 2008, the Council adopted the First Amendment to the Franchise Agreement with CR&R.

The Franchise Agreement provides for an annual rate increase pursuant to the change in inflation as well as the ability of CR&R to request other modifications and adjustments to solid waste collection rates as necessary, subject to approval of the City Council by resolution.

CR&R has reviewed the data from the Bureau of Labor Statistics for the month of January 2022 and indicated that the CPI had increased by 7.64%. They further indicated that the County of Riverside’s Waste Management Department would increase their disposal rate by

8.60% from $42.68 per ton to $46.35 per ton. CR&R has informed the City that based on the date supplied by both the BLS and the County of Riverside, the overall residential rate will see an increase of $2.47 cents per month from $27.69 to $30.16 per month and a typical three cubic yard commercial bin will see an increase of $14.18 going from $158.89 to $173.07 per week. CR&R is requesting an additional SB 1383 Compliance Fee of 8.05% on all rates, with the exception of your standard residential service rates, for this coming fiscal year. This additional fee is intended to pay for the additional costs of implementing SB 1383 in the City of Calimesa. Some of the new costs include but are not limited to additional personnel costs and additional reporting requirement costs. CR&R has prepared a new Exhibit “C” to reflect the incremental increases and decreases that would become effective July 1, 2022 and is attached for Council review.

Government Code Section 53756 authorizes public agencies providing water, sewer or refuse collection services to adopt a fee schedule for a period not exceeding five (5) years. The schedule may include adjustments, including a clearly defined formula for inflationary

adjustments, provided that the adjusted fee does not exceed the cost of providing the service.

Agencies that include any adjustment in their fee schedule must give notice to their customers pursuant to Government Code section 53755(a) no less than thirty (30) days before the adjustment becomes effective. At the public hearing held on July 15, 2019, CR&R requested that we provide for the five (5) year period in the Notice of Public Hearing, as referenced above.

Staff agreed to their request as allowable through the Proposition 218 process. The 2019 Notice of Public Hearing included the appropriate language providing for the 5-year period.

This 2022 increase shall be for year 4 in the 5-year period.

ATTACHMENTS:

Attachment A: Resolution No. 2022-16 with Exhibit “C”
Attachment B: Letter from CR&R, Incorporated

RESOLUTION NO 2022-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, APPROVING A C.P.I. RATE

ADJUSTMENT BY CR&R, INCORPORATED EFFECTIVE
JULY 1, 2022
WHEREAS, the City entered into a Franchise Agreement dated August 14, 1996 with Cherry Valley Sanitation, Inc. (the “Franchise Agreement”) to provide for solid waste disposal; and
WHEREAS, on October 20, 2003 the Council adopted Resolution 2003-50 approving transfer of said Franchise Agreement to CR&R Incorporated (“CR&R”); and WHEREAS, on July 7, 2008 the Council adopted the First Amendment to the Franchise Agreement with CR&R; and
WHEREAS, on October 19, 2015 the Council adopted the Second Amendment to the Franchise Agreement with CR&R; and
WHEREAS, on September 20, 2021 the Council adopted Ordinance No. 381 to implement SB 1383 by amending the Calimesa Municipal Code, adding Chapter 8.31 (Mandatory Organic Waste Disposal Reduction) and amending Chapter 8.30 (Waste Management); and
WHEREAS, on December 20, 2021 the Council adopted the Third Amendment to the Franchise Agreement with CR&R to add SB383 and SB1383 regulations requiring the City to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations; and
WHEREAS, the Franchise Agreement provides for an annual rate increase pursuant to the change in inflation as well as the ability of CR&R to request other modifications and adjustments to solid waste collection rates as necessary, subject to approval of the City Council by resolution; and
WHEREAS, CR&R has requested an 8.9% increase in residential and 17.4% commercial rates, and specifically as listed in the Rate Schedule marked Exhibit C, and attached hereto; and
WHEREAS, CR&R. has also requested an inflationary rate increase of 8.60% in landfill and MRF charges as increased by the County of Riverside’s Waste Management Department, and specifically as listed in the Rate Schedule marked Exhibit C and attached hereto.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALIMESA AS FOLLOWS:

Section 1. The Rate Schedule attached hereto and marked Exhibit C is hereby approved and the rates approved thereon shall take effect July 1, 2022.

Attachment 6A
Section 2. The Rate Schedule attached hereto and marked Exhibit C shall be and become an Amendment to the Franchise Agreement.

PASSED, APPROVED AND ADOPTED this 2
nd day of May 2022.
_____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________________

DARLENE GERDES, CITY CLERK

Attachment 6B

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: AGREEMENT FOR PROFESSIONAL SERVICES – CITY

MANAGER RECRUITMENT
MEETING DATE: May 2, 2022
PREPARED BY: Bonnie Johnson, City Manager
RECOMMENDATION: That the City Council approve a professional services agreement with HR Dynamics & Performance Management, Inc.in an amount not-to-exceed $22,585.

BACKGROUND/DISCUSSION: The current City Manager has informed the City Council that she is planning to retire in the Fall of 2022. The City Council has elected to engage a consultant to conduct the recruitment for the next City Manager given the importance of this position to the City’s future. Staff is recommending that HR Dynamics & Performance Management, Inc. (Consultant) be retained to perform this service. The Consultant has a great deal of history and familiarity with the City. The Consultant has performed a wide variety of services for the City in the past including a classification and compensation study, goal setting and strategic planning, mentoring and dispute resolution, as well as past and current economic development services.

HR Dynamics & Performance Management consultants are seasoned and accomplished public sector professionals with over 60 years combined experience in Human Resources and Municipal Management. The Consultants have performed Executive Search services for numerous municipalities and water districts. In addition, the consultants have collectively conducted hundreds of selection processes in their professional public sector careers while serving as City Manager, and Human Resources Director for various municipalities.

The process will kick-off in June with an ultimate target hire date sometime in October. A detailed timeline is provided in Exhibit A to the proposed contract.

The Mayor and City Council members will play an integral role in developing the candidate profile.

Both the City Manager and Deputy City Manager will be available to the Consultant throughout the process as needed.

FISCAL IMPACT: As part of the upcoming 2022-23 Budget process, the 2021-22 Budget will be amended to include $30,000 from the General Fund to cover recruitment costs. As noted above, the Consultant agreement is for $22,585. The balance will be used for advertising costs, as well as any other incidental costs that may be necessary.

ATTACHMENTS:

Attachment A: Professional Services Agreement
Attachment B: Recruitment Proposal

12459-0001\2650021v1.doc rev. 11-2011

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into on May 2, 2022, by and between the City of Calimesa, a municipal corporation (“City”) and HR Dynamics & Performance Management, Inc., a California corporation (“Consultant”).

RECITALS
A. City desires to obtain services to conduct recruitment for the position of City Manager.

B. Consultant represents that it is qualified by virtue of experience, training, education, and expertise to provide these services and is able to perform the Scope of Work.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

Section 1. Consultant’s Scope of Work. Consultant shall perform the Scope of Work described in Exhibit A in a manner satisfactory to City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions (“Scope or Work” or services).

Section 2. Term of Agreement. This Agreement shall commence on May 3, 2022 and shall terminate when the services are completed, unless sooner terminated by the City.

Section 3. Time of Performance. Consultant shall commence its services under this Agreement upon receipt of a written notice to proceed from City in the manner described in Exhibit A. Consultant shall complete the services in conformance with the timeline set forth in Exhibit A.

Section 4. Compensation.
(a) City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, a flat fee of $19,500 (“Consideration”).

Additionally, the City shall reimburse Consultant to a maximum of $3,085 for expenses actually incurred by the Consultant in the performance of the services as more particularly described in Exhibit B Said Consideration shall constitute reimbursement of Consultant’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Consultant be paid more than $22,585 (which includes expenses and additional services – Job Match Assessment) during the term of this Agreement. (b) Unless expressly provided for in Exhibit B, Consultant shall not be entitled to reimbursement for any expenses. Any expenses incurred by Consultant which are not expressly authorized by this Agreement will not be reimbursed by City. (c) City may request additional services under this Agreement. All such work, however, must be authorized in writing by either the City Manager or Deputy City Manager, and

Attachment 7A
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when applicable the City Council, prior to commencement. Consultant shall perform such services, and City shall pay for such additional services in accordance with fee schedule set forth in Exhibit B, or as otherwise agreed upon by the parties. Any work incurred by Consultant which is not expressly authorized by this Agreement will not be reimbursed by City.

Section 5. Method of Payment. City shall pay Consultant in accordance with the schedule of compensation attached hereto, if any, and/or per monthly invoices submitted by Consultant in a form approved by City’s Finance Director (“Invoices”). City shall review, approve and pay such undisputed amounts on said Invoices within a reasonable time after City’s receipt of same.

Section 6. Independent Consultant. The parties agree, understand and acknowledge that Consultant is not an employee of the City, but is solely an independent Consultant. Consultant expressly acknowledges and agrees that City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance or other employee benefits and that any person employed by Consultant shall not be in any way an employee of the City. As such, Consultant shall have the sole legal responsibility to remit all federal and state income and social security taxes and to provide for his/her own workers compensation and unemployment insurance and that of his/her employees or subcontractors.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise provided herein. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

Section 7. Assignment. This Agreement shall not be assigned in whole or in part, by Consultant without the prior written approval of City. Any attempt by Consultant to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 8. Responsible Principal(s)
(a) Consultant’s responsible principals, Henry T. Garcia and Rhonda D. Strout-Garcia, shall be principally responsible for Consultant’s obligations under this Agreement and shall serve as principal liaisons between City and Consultant. Designation of another Responsible Principal by Consultant shall not be made without prior written consent of City. (b) City’s Responsible Principals shall be the City Manager or Deputy City Manager or such other person designated by the City Council who shall administer the terms of the Agreement on behalf of City.

Section 9. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform Consultant’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 10. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 11. Interests of Consultant. Consultant affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the

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performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Consultant.

Section 12. Insurance.
(a) Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage resulting from the wrongful or negligent acts by Consultant. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by City. Further, Consultant agrees to maintain in full force and affect such insurance for one year after performance of work under this Agreement is completed.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by Consultant in performing the Scope of Work required by this Agreement.
(3) Workers' compensation insurance as required by the State of California. (4) A policy or policies of Professional Liability Insurance (errors and omissions), when required, or if applicable, with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by City. Further, Consultant agrees to maintain in full force and effect such insurance for a period of no less than three years after performance of work under this Agreement is completed. (b) Consultant shall require each of its sub-contractors (if any) to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The City’s Risk Manager may, in writing, amend and/or waive the insurance provisions set forth in paragraph (a) herein. In such case, the Consultant shall comply with the insurance provisions required by the City’s Risk Manager. (d) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least an A-, VI in the latest edition of Best's Key Rating Guide or by an insurer acceptable to the City’s Risk Manager. (e) Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant's expense, the premium thereon.
(f) At all times during the term of this Agreement, Consultant shall maintain on file with the City Clerk a certificate or certificates of insurance on the form approved by the City’s Risk Manager, showing that the aforesaid general liability policy is in effect in the required amounts.

Consultant shall, prior to commencement of work under this Agreement, file with the City Clerk

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such certificate or certificates. The general liability insurance shall contain an endorsement naming the City as an additional insured. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (g) The insurance provided by Consultant shall be primary to any coverage available to City. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, Consultant shall either reduce or eliminate the deductibles or selfinsured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

Section 13. Indemnification. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), Consultant shall defend, hold harmless and indemnify the City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent Consultants in the role of City officials (collectively, “Indemnitees”), Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in connection with the performance of this Agreement, including without limitation the payment of attorneys’ fees, and other related costs and expenses. With respect such Claims, Consultant shall defend City, with counsel of City’s choice, at Consultant’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against City.

Consultant shall reimburse City for any and all legal expenses and costs actually 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 Consultant or City. All duties of Consultant under this Section shall survive termination of this Agreement.

Section 14. Termination.
(a) City shall have the right to terminate this Agreement for any reason or for no reason upon fifteen calendar days' written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Consultant, Consultant shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. Upon termination, Consultant shall provide to City any and all Documents, whether in draft or final form, prepared by Consultant as of the date of termination. Consultant may not terminate this Agreement except for City’s nonpayment upon an Invoice within sixty (60) days of City’s receipt thereof.

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Section 15. City’s Responsibility. City shall provide Consultant with all pertinent data, documents, and other requested information as is available for the proper performance of Consultant’s Scope of Work.

Section 16. Information and Documents. All documents, data, studies, surveys, drawings, maps, models, photographs, presentations, records and reports prepared for City in connection with this Agreement (“Documents”) shall become the property of City, and City may use all or any portion of the work submitted by Consultant pursuant to this Agreement as City deems appropriate. Consultant may, however, make and retain such copies of said Documents, as Consultant may desire.

Section 17. Changes in the Scope of Work. City shall have the right to order, in writing, changes in the scope of work or the services to be performed. Any changes in the scope of work requested by Consultant must be made in writing and approved by both parties.

Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

If to City:

Calimesa City Hall
908 Park Avenue
Calimesa, CA 92320
Attention : Deputy City Manager
If to Consultant:

HR Dynamics & Performance Management, Inc.
461 Green Orchard Place
Riverside, CA 92506
Attention: Henry T. Garcia, President
Section 19. Attorney's Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between City and Consultant, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both City and Consultant.

Section 21. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 22. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Consultant.

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Section 23. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 24. Equal Employment Opportunity. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry or national origin.

Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Section 25. Prevailing Wage and Payroll Records. [Check if Applicable] Notice is hereby given that in accord with 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”), Consultant is required to pay not less that the general prevailing rate of per diem wages for work of a similar character in the locality in which Consultant’s Services pursuant to this Agreement are performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of the State prevailing wage rates and the latest revisions thereto are available on the Internet at www.dir.ca.gov. (a) Covenant to Comply. Consultant covenants that it shall fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). For purposes of this Section 25(a) only, the term “subcontractors” shall not include suppliers, manufacturers, or distributors. Consultant further covenants that it shall take all practicable steps to ensure that its subcontractors comply with Prevailing Wage Laws if applicable to work performed by subcontractors. References to “Covered Services” hereinafter shall designate such Services as are subject to Prevailing Wage Laws. (b) Payroll Records. Consultant and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyperson, apprentice, or other employee. All payroll records shall be certified as being true and correct by Consultant or the subcontractors performing Covered Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Consultant’s principal office.

Section 26. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

Section 27. Guarantee. Consultant agrees that if a recommended candidate selected for the position is terminated, resigns or otherwise leaves within the first year of employment

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(regardless of reason), Consultant will conduct the search as set forth in Exhibit A at no cost (with the exception of expenses).

CONSULTANT
Henry T. Garcia
President

CITY OF CALIMESA
Mayor
ATTEST:

Darlene Gerdes, City Clerk

APPROVED AS TO FORM
__________
Quinn Barrow, City Attorney

EXHIBIT A

SCOPE OF WORK AND TIME OF PERFORMANCE

THE RECRUITMENT PROCESS
Consultant shall assist the City in the recruitment of a City Manager. Consultant shall ensure that City has quality candidates from which to select the new City Manager. Outlined below is an Overview of our recruitment process.
• Conduct one-on-one interviews with the Mayor and City Council to develop the appropriate specifications and “candidate profile” including minimum qualifications and highly desired qualities in the top candidate;
• Solicit input from organizational leadership and other stakeholders regarding candidate qualifications, characteristics, and attributes in order to develop a comprehensive/ professional brochure;
• Perform direct targeted outreach and marketing of the opportunity including making personal contact with top-level candidates, advertising, and use of social media; • Develop recruitment materials and advertisements for review/approval by the hiring authority;
• Screen candidates for minimum qualifications and highly desirable qualifications; narrow down to the most highly qualified candidates;
• Conduct preliminary interviews with highly qualified candidates narrowing the pool further to the top/leading candidates;
• Coordinate and facilitate the interview panel process with top/leading candidates; • Conduct professional reference checks and internet searches on finalist(s); • Perform Job Match Assessment on each finalist (max of 3), as well as the current City Manager;
• Facilitate background check on the finalist(s);
• Assist in negotiations between the finalist and the organization’s hiring authority.

CITY MANAGER RECRUITMENT SCHEDULE
Timeline Activity
May 2, 2022 Contract goes to Council for Approval; finalize Contract with HRDPM
June 13 – 16, 2022 Conduct Interviews with City Council (mid-June) June 20 – July 1, 2022 Develop desired candidate profile, and create recruitment brochure; coordinate placement of advertisements in
recommended sources and trade journals to attract qualified candidates; advertise using social media.

July 5 – August 10, 2022 Active recruitment period (5 weeks) in which targeted outreach is conducted and candidates submit application materials, conduct screening of applicants as they are received.

August 15 (Council) Preliminary report on summary of candidates prepared and August 16 –19, 2022 submitted to City Council; candidates notified of status as to whether proceeding to next step; leading candidates scheduled for consultant interviews.

August 22 – 26, 2022 Consultant conducts interviews with leading candidates to identify and narrow to most highly qualified candidates.

September 6, 2022 Consultants meets with City Council to present list of most highly qualified candidates.

September 7 – 9, 2022 Consultant schedules interview panel with most highly qualified candidates, notifying candidates selected to proceed and providing details of next step. Consultant conducts preliminary background/google search on top candidates.

September 17, 2022 Proposed panel interview date for candidates with City Council.

September 19 – 23, 2022 Background check on finalist(s), facilitation of job offer and terms, salary negotiation, and related items to employment.

October, 2022 City Council approval of contract, and commencement of employment.
* Note: the timeline is subject to adjustment, as determined by discussion with City of Calimesa, and depending on the advertising sources selected where lead time for publication may be required.

EXHIBIT B

CONSIDERATION
City shall pay Contractor for the services required by this Agreement for conducting the City Manager recruitment on behalf of the City a flat fee amount of $19,500. In addition, the City will reimburse Consultant’s expenses and additional services authorized in the performance of this Agreement in an amount not to exceed $3,085. Reimbursable expenses include such items as the cost of recruiter travel; clerical support; brochure development; express mail delivery; placement of ads; credit, criminal and civil background checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges are allocated costs and included in the expense estimate.

HR DYNAMICS & PERFORMANCE MANAGEMENT, INC.

PROPOSAL FOR PROFESSIONAL

HUMAN RESOURCES CONSULTING SERVICES

EXECUTIVE SEARCH FOR CITY MANAGER
MARCH 7, 2022
HR Dynamics & Performance Management, Inc. (HRDPM) is pleased to submit a proposal in response to the City of Calimesa’s need for Executive Search services to facilitate the selection process for City Manager.

1. The Company/Services/Staffing
HR Dynamics has been in business since 2002, and has provided various Human Resources, organizational development services, and executive recruitment services to numerous public, private and non-profit clients. As a small firm, the consultants are able to provide high quality services with very competitive pricing.

HR Dynamics & Performance Management consultants are seasoned and accomplished public sector professionals with over 60 years combined experience in Human Resources and Municipal Management. The consultants have performed Executive Search services for numerous municipalities and water districts. In addition, the consultants have collectively conducted hundreds of selection processes in their professional public sector careers while serving as City Manager, and Human Resources Director for various municipalities.

The firm consists of only two (2) Principal Consultants both of which would fully participate in the Executive Search. The consultants are engaged regularly and have a robust list of current and past clients; however as an ethical practice, the consultants accept a limited number of projects at any given time for work that they can fully commit to, ensuring that each client receives the highest level of service and quality results. Work is not delegated, and the consultants perform all activities personally. The consultants remain accessible and highly responsive to both the client and to all candidates. HRDPM is available and prepared to accept and commit to this assignment.

With a unique hands-on and customized approach to client services, HR Dynamics & Performance Management has prepared a proposal in order to address the organization’s current need for executive search services.

Attachment 7B
2 2. The Approach/Strategy (Scope)
General Overview of Tasks/Services
 Conduct one-on-one interviews with the Mayor and City Council to develop the appropriate specifications and “candidate profile” including minimum qualifications and highly desired qualities in the top candidate;
 Solicit input from organizational leadership and other stakeholders regarding candidate qualifications, characteristics, and attributes in order to develop a comprehensive/ professional brochure;
 Perform direct targeted outreach and marketing of the opportunity including making personal contact with top-level candidates, advertising, and use of social media;  Develop recruitment materials and advertisements for review/approval by the hiring authority;
 Screen candidates for minimum qualifications and highly desirable qualifications; narrow down to the most highly qualified candidates;
 Conduct preliminary interviews with highly qualified candidates narrowing the pool further to the top/leading candidates;
 Coordinate and facilitate the interview panel process with top/leading candidates;  Conduct professional reference checks and internet searches on finalist(s);  Facilitate background check on the finalist(s);
 Assist in negotiations between the finalist and the organization’s hiring authority.

Information Gathering and Analysis
Consultants will meet with the organization’s hiring authority for the position, or designee, and other appropriate individuals, as determined by the hiring authority, either individually or collectively to develop the candidate profile. The process will include obtaining views of the position and expectations regarding desirable training, experience and personal characteristics and attributes of top candidates, as well as goals, expectations and challenges that the positions will face. Consultants will also gather/review relevant updated information about the organization and the position.

After summarizing the findings, the consultants will develop and submit a draft recruitment brochure with the desired qualifications and characteristics for approval. The recruitment brochure will include information about the organization and the criteria established by the stakeholders.

Candidate Targeted Recruitment/Outreach
Once the hiring authority or designee has approved the recruitment brochure, the consultants will proactively seek out highly qualified individuals with superior qualifications and invite and encourage their interest.

3 The consultants will prepare advertisements and coordinate with the organization’s designee in the placement of these announcements in recommended sources including published and online job boards and professional journals. Further, social media will be utilized to garner interest and to provide wide-spread coverage of the employment opportunity.

The organization may opt to utilize their internal applicant tracking system (e.g. NeoGov) in which candidates apply (with access to recruiter for screening and evaluation of candidates) and/or candidates may apply via the consultant’s website and job portal.

The consultants will not discriminate against any applicant for employment on the basis of race, religion, creed, age, color, marital status, sex, sexual preference, gender and gender identification, disabilities, medical condition, veteran status, national origin or any other protected category.

Initial Screening
The consultants will review, acknowledge, and evaluate all resumes received. Initial screening will be based upon qualifications criteria contained in the recruitment brochure, information contained in the cover letters and resumes submitted, and consultants’ knowledge of the people and organizations in which they work. Candidates who do not meet minimum qualifications will be disqualified. Those that meet and exceed minimum qualifications will move to the next level of screening.

Interim Reporting
Upon completion of the initial screening, the consultants will assemble and submit a report of the leading candidates in a matrix format. This report will include a summary of the applications/resumes, supplemental information, and the original applications/ resumes of those candidates it believes to be best qualified for the position. The purpose of the interim report is to allow the hiring authority an opportunity to review the candidates prior to the conclusion of the search, and it allows the consultants to receive feedback on the caliber of the candidates recruited.

In this way, the hiring authority have the opportunity to either agree with the recommended top candidates, or consider other individuals who applied for the position. The consultants will facilitate the discussion with the hiring authority and other stakeholders, as determined by the hiring authority, regarding all candidates and will be able to answer questions and provide clarification as needed.

Candidate Assessment/Screening
The consultants will interview those candidates whose qualifications most closely match the highly desirable criteria established by the hiring authority and stakeholders. Preliminary screening interviews will be conducted in person, where feasible, or by use of computer technology (e.g. Zoom, Facetime) with the most promising candidates to gain a better understanding of their backgrounds. The consultants will examine their qualifications and achievements in view of the selection criteria. The consultants will conduct preliminary references on top candidates to be interviewed, and will finalize these for the top one or two candidates.

4 Interview Panel
The consultants will facilitate the scheduling of candidates for the interview panel. The interview process shall take the form of a panel interview to include all members of the City Council.

The consultants will provide the hiring organization’s designee with binder materials in electronic format including interview/selection guidelines, rating sheet, interview questions, and candidate applications, resumes and cover letters.

The consultants will conduct a “briefing session” with the City Council immediately preceding the interview process to ensure that the process flows smoothly, and will conduct a “debriefing” with the City Council immediately following the conclusion of all interviews. The consultant shall sit as an observer during the panel interview process.

Finalist(s) Reference and Background Checking
The consultants will verify degrees and certifications, and conduct criminal background and motor vehicle record checks through an outside service. As part of the process in evaluating candidates, the consultants will personally make telephone reference checks. In conducting these references, it is our practice to speak directly with individuals who are, or have been, in a position to evaluate the candidate's performance on the job.

Further, the consultants will perform a comprehensive google search online for articles that may reflect on the candidate, either positively or otherwise. These references and the consultants’ evaluations provide the City Council with a candid, objective appraisal of the candidates.

Additional Consultant Assistance
Services that are routinely provided include:
 Providing a high-degree of personal interaction and communication with candidates at each step of the process, including preparing candidates for the interview panel process.
 Acting as a liaison between the client and finalist in discussing offers and counter offers; advising on starting salary, benefits, relocation and employment packages.  Notifying unsuccessful candidates at the various stages of the process, as candidates are eliminated from consideration.
 Debriefing with candidates who request feedback on the process, and where they can improve in the future.

3. Significant Recruitment Efforts *
The following list represents examples of successful placements made by HRDPM as a result of the Executive Search services provided to these agencies:
 City of Alhambra – Development Services Director
 City of Banning – Police Chief
 City of Cudahy – City Manager
 City of Eastvale – Assistant City Manager

5  City of Eastvale – City Manager (Contract Negotiations Only)  City of Eastvale – Community Development Director
 City of Eastvale – Community Safety Director (Currently In Progress)  City of Lynwood – Human Resources & Risk Management Director  City of Rio Vista – Fire Chief
 San Bernardino/Municipal Water Department - Water Reclamation Maintenance Planner
 San Bernardino/Municipal Water Department - Water Reclamation Operations Manager/Operations Superintendent
 San Bernardino/Municipal Water Department - Water Reclamation Plant Supervisor
 San Bernardino/Municipal Water Department - Water Reclamation Process Control Supervisor
 San Bernardino/Municipal Water Department - Water Reclamation Lead Operator
 San Bernardino/Municipal Water Department - Water Reclamation Senior Operator
 San Bernardino/Municipal Water Department - Water Reclamation SCADA Analyst
*The consultants have additionally facilitated hundreds of selection processes during their public sector careers with significant work at the highest managerial and administrative levels.

4. Innovative or Unique Methods Used – Distinguishing Characteristics and Key Values of the Firm
Some of the key factors that set us apart from our competitors are listed below. We offer a number advantages over large firms:
 As a small firm, we take on a limited number of projects at a time, in which to focus on the needs of the client and complete projects on schedule.
 We are collaborative, flexible, and accommodating, and will always put the relationship with the client first.
 We understand and embrace current recruiting trends as part of our efforts, particularly those shaped by the Pandemic, and the ever increasing evolution to virtual and social recruiting and related technologies; the increasing focus on Diversity, Equity and Inclusion in the hiring process; the need for adaptability and versatility in assessing transferrable skills; the importance of employer branding; the need for increased transparency in the recruitment process and more feedback (candidate relationship management), and the need to focus on “selling the role.”
 We are highly responsive and accessible to clients, employees, and candidates including evenings and weekends; and provide a level of personal interaction that is meaningful and memorable.
 We do not use “canned” work products. Every assignment is unique and customized to meet the client’s needs.

6  We do the work ourselves. We will not only serve as project lead, but will also conduct all aspects of the work personally including interviews, field visits, data collection, analysis, report writing, presentations, and recommendations.
 We have a combined unique background that includes extensive managerial experience in the public sector. We understand your work, and are therefore able to effectively evaluate the skills and qualifications of candidates and provide good job matches.  We provide extensive and detailed data collection and analysis, specific to the outcomes that the client desires to achieve.
 We are well connected and have extensive relationships from which to draw upon in performing executive searches.
 We meet project schedules and established deadlines, within budget.  We make a strong personal commitment to the organization to provide a thorough process that will achieve the intended outcomes.
 We utilize our own practical experiences and knowledge of the industry in making realistic and viable recommendations to solving staffing and operational issues.  We have a high degree of repeat clients, due to client satisfaction with services and results.

5. Method of Recruiting
Our approach to the Executive Search for the City Manager is outlined in Section 2 above.

The HRDPM consultants will coordinate closely with the City of Calimesa in all steps/phases of the process.

HRDPM will utilize and recommend the following strategies in locating potential candidates:
 Broad Advertising (e.g. GovernmentJobs.com, Western Cities Magazine Online Jobs, Public CEO)
 Specific Advertising (Professional Associations/Memberships, Online Job Boards and List Serves)
 Social Media
 HRDPM Website
 City of Calimesa Website

6. Resources & Contacts
The HRDPM consultants are well connected with City Managers, Human Resource Directors, and Department Heads in Southern and Northern California through their extensive work experience in the Public Sector, and through subsequent consulting work.

7 The HRDPM consultants have experience in recruiting and hiring department heads, and Assistant City Managers during their public sector careers, and maintain an extensive network of contacts.

Further, HRDPM Consultants maintain an extensive database of resumes of potentially qualified candidates from prior City Manager and department head recruitments conducted.

7. Resumes/Bios
This proposal contains a comprehensive brochure for HR Dynamics & Performance Management, Inc. (HRDPM) including services, current/prior clients, and bios for each of the Principal Consultants, Rhonda Strout-Garcia, and Henry Garcia.

8. Business References

1. City of Eastvale
Bryan Jones, City Manager
[email protected]
(510) 789-5823
Projects:

HRDPM has successfully conducted recruitments for Assistant City Manager, Community Development Director, and is currently conducting a search for Community Safety Director.

2. San Bernardino Municipal Water Department (City of San Bernardino) Robin Ohama, Deputy General Manager
[email protected]
(909) 384-7210
Projects:

HRDPM has successfully conducted numerous “difficult to fill” recruitments for the City of San Bernardino’s Water Department including Water Reclamation Maintenance Planner, Water Reclamation Operations Manager/Superintendent, Water Reclamation Plant Supervisor, Water Reclamation Process Control Supervisor, Water Reclamation Process Control Supervisor, Water Reclamation Lead Operator, Water Reclamation Senior Operator, Water Reclamation SCADA Analyst.

3. City of Alhambra
Tara Schultz (Prior Assistant City Manager – Retired)
(626) 644-1398
Projects:

HRDPM has successfully conducted the recruitment for a Community Development Director.

8 9. Proposed Time Schedule

CITY MANAGER RECRUITMENT
Timeline Activity
May, 2022 Contract goes to Council for Approval; finalize Purchase Order/Contract with HRDPM.

June 13 – 16, 2022 Conduct Interviews with City Council.

June 20 – July 1, 2022 Develop desired candidate profile, and create recruitment brochure; coordinate placement of advertisements in
recommended sources and trade journals to attract qualified candidates; advertise using social media.

July 5 – August 10, 2022 Active recruitment period (5 weeks) in which targeted outreach is conducted and candidates submit application materials; conduct screening of applicants as they are received.

August 15 (Council)
August 16 –19, 2022
Preliminary report on summary of candidates prepared and submitted to City Council; candidates notified of status as to whether proceeding to next step; leading candidates scheduled for consultant interviews.

August 22 – 26, 2022 Consultant conducts interviews with leading candidates to identify and narrow to most highly qualified candidates.

September 6, 2022 Consultants meets with City Council to present list of most highly qualified candidates.

September 7 – 9, 2022 Consultant schedules interview panel with most highly qualified candidates, notifying candidates selected to proceed and providing details of next step. Consultant conducts preliminary background/google search on top candidates.

September 17, 2022 Proposed panel interview date for candidates with City Council.

September 19 – 23, 2022 Background check on finalist(s), facilitation of job offer and terms, salary negotiation, and related items to employment.

October, 2022 City Council approval of contract, and commencement of employment.
* Note: the timeline is subject to adjustment, as determined by discussion with City of Calimesa, and depending on the advertising sources selected where lead time for publication may be required.

10. Policy/Guarantee
HRDPM guarantees successful placement of the selected candidate for twelve months. In the event that the candidate for any reason does not complete the twelve months of service, HRDPM consultants will work with the hiring authority to determine feasibility of any additional candidates from the initial recruitment and/or re-announcement of the position including all prior steps.

9 11. Information and Staff Support Required
The HRDPM consultants shall coordinate with City of Calimesa personnel in the placement of advertisements. HRDPM will prepare the advertising language and/or copy drafts, and a proposed list of sources for placement. The staff work is estimated at approximately 8-10 hours.

HRDPM consultants shall coordinate with the City of Calimesa on logistics for scheduling of meetings and in coordinating the logistics for the interview panel. This staff work is estimated at approximately 4-8 hours.

HRDPM consultants shall coordinate with the City of Calimesa to obtain photos for brochure, and other related information concerning the City, its organizational structure, key challenges, and related topics.

12. Fees for Services
HR Dynamics & Performance Management proposes a total flat fee of $19,500 for services described herein including all travel and material costs. Consultants’ budget does not include advertising fees, background check fees, or reimbursement for candidates who travel to be interviewed by the organization.

The consultants shall submit an invoice for services upon the completion of the finalist selection interview which shall include the flat fee and reimbursement for fees associated with background checks, not to exceed $500.

Advertising fees shall be paid directly to vendors by the organization. It has been our experience that the process of placing advertisements involves either 1) including budgeted funds in the proposal and a reimbursement process; or 2) providing the consultant with access to the agency’s credit card for the purposes of placing advertisements. HRDPM has done this both ways. However, our clients have preferred to utilize our skills in creation of the advertising materials, followed by coordination with internal staff to provide for the direct placement of the ads with the vendors. HRDPM will develop a list of recommended advertising sources for the recruitment. Typically, each organization has established relationships and accounts with these sources, and this eliminates the need to seek reimbursement for the costs or the need to inflate the proposal to account for these costs.

Depending on the recruitment, advertising can be extensive, or minimal as we assess the labor market and potential candidate pool, but generally will range in the $2,500-3,000 range. The HRDPM proposal, therefore, reflects actual costs for services, and does not include the costs associated with other vendors (advertising sources). This proposed manner in which to handle advertising has worked very successfully with other clients.

The organization may discontinue this assignment at any time by written notification. In the unlikely event that this occurs, the organization will be billed for fees based upon the time elapsed from the commencement of the assignment to the date of cancellation. If a cancellation occurs within the first 30 days of the assignment, following either verbal or written authorization to proceed, one-third of the professional fee will be due. If a cancellation occurs thereafter, the fee beyond the first one-third will be prorated based upon the number of calendar days which have elapsed. If a cancellation occurs after 90 days, all professional fees will be due in full. If the organization delays the selection process beyond 100 days, all professional fees will be due in full.

Should the organization select any additional candidates for other vacancies as a result of the recruitment process facilitated by the HRDPM consultants, an additional fee of $5,000 shall be assessed per candidate selected.

10 13. Optional Job Match Assessment
HR Dynamics & Performance Management also offers a Job Match Assessment process using validated test instruments for finalist candidates. For each recruitment, the fee shall consist of a flat rate of $1,100 for the administration of the Job Match Assessment process which shall include developing the profile, the facilitation of the assessment of one (1) candidate; and the analysis of the results. Each additional candidate shall be processed at the rate of $495 which shall include a comparative analysis of the top candidates and their strengths and weaknesses as related to the position.

If interested in this optional service, the consultants will share sample reports to illustrate the quantity and quality of the data obtained through these assessments which have been found to be highly effective in the decision-making process as well as in the over-all success of the selected candidate.

HR DYNAMICS & PERFORMANCE MANAGEMENT, INC.

Henry T. Garcia, Principal Consultant
Rhonda D. Strout-Garcia, Principal Consultant
(951) 905-0025 OR (951) 999-1617
Website: HRDPM.COM

Premier Consulting Services provided by Seasoned Public Sector Professionals Customized to Meet the Client’s Needs

11 Menu of Services
 Executive Recruiting
 Business and Economic Development Services
 Conflict Resolution/Mediation/Facilitation
Services
 Human Resources Compliance Audits
 Classification/Compensation Studies
 Recognition, Incentive, and Reward Programs
 Employee/Labor Relations Support – Grievance
Resolution/Hearing Officer
 Policy, Procedure, and Employee Handbook
Development
 Career and Outplacement Counseling
 Performance Evaluation Systems
 Organizational Assessments including Staffing
and Structure, Effectiveness and Efficiency
 Executive and Supervisory Coaching
 Leadership Development/Management &
Supervisory Training Academies
 Team Building and Conflict Resolution
 Strategic Planning and Goal Setting Workshops
 Change Management
 Customer Service Assessments and Training
 System and Process Optimization
 City Manager and CEO Evaluations
 Management Problem Solving
 Communication Skill Development

HR DYNAMICS &

PERFORMANCE
MANAGEMENT, INC.

HR Dynamics & Performance
Management, Inc. brings you
highly successful professionals
who have extensive practical
experience and outstanding
records of achievement. Their
work with organizations to
improve effectiveness has
resulted in promoting successful
communication at all levels of the
organization, developing problemsolving strategies, creating an energized and focused
organization, and generating high
productivity and efficiency. The
consultants bring complementary
strengths and backgrounds and
offer a results-oriented approach
to the organizations they work
with.

Website: HRDPM.COM
RHONDA D. STROUTGARCIA
Owner/Principal Consultant
461 Green Orchard Place
Riverside, CA 92506
951.905.0025
[email protected]
HENRY T. GARCIA
Owner/Principal Consultant
461 Green Orchard Place
Riverside, CA 92506
951.999.1617
[email protected]

12 Partial Client List
(Client References Available Upon Request)

MUNICIPALITIES
 City of Alhambra
 City of Banning
 City of Bell
 City of Calexico
 City of Calimesa
 City of Colton
 City of Corona
 City of Covina
 City of Cudahy
 City of Desert Hot Springs
 City of Duarte
 City of Eastvale
 City of El Segundo
 City of Gardena
 City of Hawaiian Gardens
 City of Laguna Niguel
 City of La Puente
 City of La Verne
 City of Lathrop
 City of Lynwood
 City of Rialto
 City of Ridgecrest
 City of Rio Vista
 City of Rosemead
 City of San Jacinto
 City of Santa Ana
 City of South Pasadena
 City of Stockton
 City of Victorville
 City of Willits
 City of Yorba Linda

LAW FIRMS WATER DISTRICTS
 Law Firm of Best, Best and Krieger
 Law Firm of Slovak, Baron, Empey,
Murphy and Pinkney
 Beaumont-Cherry Valley Water District
 Crescenta Valley Water District
 East Valley Water District
 Elsinore Valley Municipal Water District
 Hi-Desert Water District
 Mission Springs Water District
 Mojave Water District
 San Bernardino Municipal Water
Department
 Victor Valley Water District
 West Valley Water District

13 OTHER AGENCIES
 AMCO
 Child Advocates of San Bernardino
County
 (CASA)
 Children's Fund
 City of Azusa Chamber of Commerce
 City of Colton Chamber of Commerce
 City of San Jacinto Downtown Business
Association
 Colton Unified School District
 Contour Dermatology
 East Fork Swimming Pool District/
Carson Valley Swim Center
 Full Circle Home Loans/Vista Realty
 San Bernardino County Housing
Authority
 San Bernardino County Sheriff's
Department – Crime Lab
 Southern California Association of
Governments (SCAG)
 Sublime MD, A Professional Medical
Corporation
 Tetra Tech (International)
 TransTech Engineering
 Vital Signing, Inc.
 Western Region Council of Governments
(WRCOG)

PARTIAL CLIENT LIST FOR EXECUTIVE RECRUITMENT SERVICES
 City of Alhambra – Development Services Director
 City of Banning – Police Chief
 City of Cudahy – City Manager
 City of Eastvale – Assistant City Manager
 City of Eastvale – Community Development Director
 City of Eastvale – Community Safety Director (In Progress)  City of Lynwood – Human Resources & Risk Management Director  City of Rio Vista – Fire Chief
 San Bernardino Municipal Water Department - Water Reclamation Maintenance Planner
 San Bernardino Municipal Water Department - Water Reclamation Operations Manager/
Superintendent
 San Bernardino Municipal Water Department - Water Reclamation Plant Supervisor  San Bernardino Municipal Water Department - Water Reclamation Process Control Supervisor
 San Bernardino Municipal Water Department - Water Reclamation Lead Operator  San Bernardino Municipal Water Department - Water Reclamation Senior Operator  San Bernardino Municipal Water Department - Water Reclamation SCADA Analyst

14 PARTIAL CLIENT LIST FOR HUMAN RESOURCES COMPLIANCE/BEST PRACTICES ASSESSMENTS  Beaumont-Cherry Valley Water District
 Crescenta Valley Water District
 City of Cudahy
 City of Eastvale
 City of Lynwood
 City of El Segundo
 City of Rialto
 Elsinore Valley Municipal Water District
 West Valley Water District

PARTIAL CLIENT LIST FOR STRATEGIC PLANNING SERVICES
 City of Azusa Chamber of
Commerce
 City of Banning (Multiple)
 City of Bell (Multiple)
 City of Calexico (Multiple)
 City of Calimesa (Multiple)
 City of Cudahy
 City of Desert Hot Springs (Multiple)
 City of Duarte
 City of Eastvale (Multiple)
 City of Lathrop (Multiple)
 City of La Puente
 City of La Verne
 City of Lynwood
 City of Ridgecrest (Multiple)
 City of Rio Vista
 City of Stockton (Multiple)
 Full Circle Home Loans/Vista
Realty
 Mission Springs Water District
 San Bernardino Municipal Water
Department
 Southern California Association of
Governments (SCAG)

PARTIAL CLIENT LIST FOR ORGANIZATIONAL DEVELOPMENT LEADERSHIP

TRAINING/EXECUTIVE COACHING
 Beaumont-Cherry Valley Water District
 City of Bell (Multiple Groups/Sessions)
 City of Eastvale
 City of El Segundo (Multiple Groups/Sessions)
 City of Gardena (Multiple Groups/Sessions)
 City of Palm Springs
 San Bernardino Municipal Water Department (Multiple Groups/Sessions)  Western Region Council of Governments (WRCOG)

15 PARTIAL CLIENT LIST FOR CLASSIFICATION/COMPENSATION STUDIES  City of Alhambra
 City of Bell
 City of Calimesa
 City of Colton
 City of Covina
 City of Cudahy
 City of Eastvale
 City of Lynwood
 City of Rialto
 City of Rosemead
 City of South Pasadena
 City of Yorba Linda
 East Fork Swimming Pool
District/Carson Valley Swim Center
 East Valley Water District
 Elsinore Valley Municipal Water
District
 Full Circle Home Loans
 Mission Springs Water District
 San Bernardino County Housing
Authority
 San Bernardino Municipal Water District
 West Valley Water District

16 Consultant Biography
Rhonda D. Strout-Garcia, M.S.H.R.
(951) 905-0025
[email protected]
Rhonda’s experience includes over 35 years of professional human resources management experience in the public sector having ultimately served for nine years as Human Director for a large and complex municipality with 2500 employees and 16 bargaining units, serving a population of over 350,000. Additionally, Rhonda has over 15 years of experience as a Human Resources Consultant and successful business owner serving public, private and non-profit entities.

Rhonda received her Master’s Degree in Human Resources Management from Chapman University, and a Bachelor’s Degree from Southern Illinois University in Workforce Education and Development.

She has also served as an adjunct professor at California State University San Bernardino (CSUSB) and at the University of California – Riverside (UCR) Extension - teaching courses in Human Resources Management, and has been active in various professional associations.

Rhonda uses her broad background to help organizations achieve optimum organizational effectiveness. She has specific and extensive expertise in the area of Classification and Compensation including various aspects involving evaluating and developing organizational structures, career ladders, salary plans, and job descriptions; conducting job evaluations and systems analysis for efficiency and effectiveness; developing recognition, incentive, and reward programs; evaluating salary, benefits, and total compensation; establishing labor market comparison agencies based on sound criteria; and making recommendations consistent with best practices and current trends.

Additionally, Rhonda has direct experience in conducting executive recruiting, organizational climate and staffing studies; executive, supervisory and employee coaching and mentoring; team building and conflict resolution; strategic planning; and in developing policies, procedures, and employee handbooks. An additional area of expertise is in conducting Human Resources assessments for both compliance and best practices. Rhonda is adept at assessing organizational issues and developing successful interventions and strategies, and in identifying staff development needs to enhance team cooperation, communication, and optimal performance.

Exceptionally organized and resourceful, Rhonda brings highly effective customized approaches to assessing organizational issues and concerns. She is effective at recommending viable solutions and in developing an action-oriented approach to achieving the organization’s objectives.

17 Consultant Biography
Henry T. Garcia, M.A.
(951) 999-1617
[email protected]
Henry T. Garcia received his Master’s degree from the University of California, Los Angeles, in Political Science and his Bachelor’s degree from the University of California, Riverside in Political Science. He is a graduate of Berkeley’s Executive Institute of Public Policy, Harvard’s Leadership and Strategic Planning Program, and University of Virginia’s Public Policy Program. Henry is also a distinguished author of two major publications with the League of California Cities.

Henry’s employment experience includes over 30 years of professional public administration, where he served as City Manager for the cities for the cities of Azusa, Colton, Rialto, and Moreno Valley, and worked in other managerial capacities for the cities of Fontana, Riverside, and San Jacinto. Mr.

Garcia has served as a professor of public policy at California State University teaching a variety of undergraduate and graduate level courses.

With Henry’s broad background, he serves as a consultant to cities and organizations in areas of Strategic Planning and Goal Setting; City Manager and City Council Evaluation Process; Executive Coaching and Leadership Development; Executive Searches; Team building and Conflict Resolution; Economic Development; and Management Problem Solving.

Using his exceptional interpersonal relationship skills and abilities, Henry has been highly successful in mentoring those in leadership positions including elected officials and staff, as well as working with teams to maximize performance and improve effective communication. He is also highly skilled at seeking out, assessing, and identifying talent for the purposes of job matching and executive recruitment.

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: RENEWAL OF LAW ENFORCEMENT CONTRACT
MEETING DATE: May 2, 2022
PREPARED BY: Bonnie Johnson, City Manager
RECOMMENDATION: Staff respectfully requests that the City Council approve renewing the law enforcement contract with the Riverside County Sheriff’s Department and authorize the Mayor to execute the agreement.

SUMMARY/BACKGROUND: Staff and City Attorney have reviewed the proposed agreement and have determined that no significant changes or modifications have been proposed when compared to the current agreement as amended in 2021 to add the Problem Oriented Policing (POP) Deputy.

The term of this agreement is for the five- year period of July 1, 2022, through June 30, 2027. The current level of service, as noted above, remains unchanged.

FISCAL IMPACT: The cost of this contract has been budgeted and approved in the Fiscal Year 2021-22 budget cycle and will continue to be budgeted annually going forward.

ATTACHMENTS:

Attachment A: Agreement for Law Enforcement Services Between the City of Calimesa and the County of Riverside

Original 1 of 3
3333

AGREEMENT FOR LAW ENFORCEMENT SERVICES

BETWEEN THE CITY OF CALIMESA

AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT FOR LAW ENFORCEMENT SERVICES (“Agreement”) is made and entered into by and between the CITY OF CALIMESA, a General Law City, hereinafter “City,” and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside County Sheriff’s Department, hereinafter “County”, sometimes collectively referred to herein as the “parties” and individually as a “party”.

IT IS THEREFORE AGREED AS FOLLOWS:

1. TERM

1.1 Effective Dates. This Agreement shall be effective from July 1, 2022 through June 30, 2027.

1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current five (5) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same.

1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date.

2. SCOPE OF SERVICE

2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. It is understood that the Sheriff’s Department shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The Sheriff’s services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes.

Such services shall include the enforcement of State Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. However, all investigator overtime will be charged to City at the Board of Supervisors approved hourly overtime rate.

Attachment 8A

2.2 California Identification System (CAL-ID) and Records Management System. (RMS) City agrees as a condition of receiving services hereunder to participate in CAL-ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings.

2.2A Definitions. For purposes of this Agreement the following are some of the more common definitions which shall apply, but shall not be limited by this reference:
a) Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases.
b) The California Law Enforcement Telecommunications System Access (CLETS) shall mean that access to the Department of Justice computers provided by County to City.
c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS.
d) LAWNET shall mean the County’s law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below.
e) County Services shall mean the collective hardware and software, work LAWNET, stations, RMS functions and CLETS.

2.2B Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice.

2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LAWNET shall remain with County. The County shall furnish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC-based equipment for services defined herein, the equipment must be configured in accordance with County specifications. Further, City shall not alter the configuration of any PCbased equipment used to provide services herein without the permission of Sheriff's Information Technology Officer.

2.2D Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 7.2 and 7.4 of this Agreement.

3. LEVEL OF SERVICE

3.1 Level of Service Specified. County shall provide all enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference.

3.2 Variation in Level of Service. Variationsin the level of service shall be made by amendment, as provided for in Section 11 of this Agreement, and under the following terms:

If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits.

If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (10%), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.

4. CHIEF OF POLICE
The Sheriff will, to the extent practical, coordinate appointment of a Police Chief with City and consult with City on final selection for the position.

5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT

5.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services.

5.2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the Sheriff's specifications shall remain within the City limits, and ownership title thereto shall remain with City.

However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this Agreement without permission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis.

5.3 City-Owned Motorcycles and Specialized Support Vehicles. In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriff’s personnel, or persons authorized by the Sheriff.

City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City-owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City-owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City-owned motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles shall be used only for city-approved functions.

5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the Cityowned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this Agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance.

General Insurance Provisions - All lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The City shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City-owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of

endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section.
c. It is understood and agreed by the parties hereto and the City's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

6. EMPLOYMENT STATUS OF PERSONNEL

6.1 Employment Status. Any persons employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers’ compensation coverage, pension, or civil service benefits from City.

6.2 Labor Shortage. In the event of a work slow-down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received.

7. COMPENSATION

7.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established by the County Board of Supervisors in the form of hourly rates for Sheriff’s Department personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CAL-ID fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriff's Special Investigations Bureau, Emergency Services Team and Aviation Unit.

7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend.

7.3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriff’s Department at County-owned or leased facilities. Costs are prorated according to the facility’s square footage occupied by a Sheriff’s Department Bureau or Unit.

7.3A Calculation of Facility Rates. The total of the facility’s cost components is divided by the appropriate variable number of positions (number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city’s share of the facility cost.

The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriff’s decision to move Contract or unincorporated County Patrol positions from the Station.

7.4 Payment of Costs. County, through the Sheriff’s Department, shall provide to City within 30 days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within 30 days after receipt of such statements. If such payment is not received by the County within thirty (30) days after presentation of billing, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907.

7.5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided for field training costs in conjunction with the rate adjustment billing. Field training costs will not apply to supervisory or classified positions added to the level of service.

7.6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor any other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to, charges from vendors for: crime scene clean-up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement.

8. INDEMNIFICATION AND HOLD HARMLESS

8.1 Indemnification by City. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives

in any such action or claim. With respect to any action or claim subject to indemnification herein by City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the County.

8.2 Indemnification by County. County shall indemnify and hold harmless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County's obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County's obligations to indemnify and hold harmless the City.

9. ADMINISTRATION
The Mayor of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County.

10. RECORDS
County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County’s appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement.

11. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties.

No waiver of any term or condition of this Agreement by either party shall be a continuing waiver thereof.

12. NOTICES
Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below:

County City
Chad Bianco, Sheriff City of Calimesa
Riverside County Sheriff’s Department Post Office Box 1190 Post Office Box 512 Calimesa, California 92320
Riverside, California 92502 Attn: City Manager
or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to:

Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1st Floor
Riverside, California 92501
Notice shall be deemed given when in writing and delivered personally or mailed with confirming delivery receipt addressed as set out above.

13. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

14. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriff’s personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation.

15. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.

16. ENTIRE AGREEMENT

This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith.

17. ELECTRONIC/DIGITAL SIGNATURES
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [Signatures on Following Page]

10 IN WITNESS WHEREOF, the City of Calimesa, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below.

CITY OF CALIMESA
Dated:_________________ By:________________________
William Davis, Mayor
ATTEST:

Name:

Title:

By:___________________

COUNTY OF RIVERSIDE
Dated:_________________ By:_________________________
Jeff Hewitt
Chair of the Board of Supervisors
Riverside County Board of Supervisors
ATTEST: APPROVED AS TO FORM:

Kecia R. Harper County Counsel
Clerk of the Board
By:____________________ By:_________________
Deputy Amrit P. Dhillon
Deputy County Counsel

11 ATTACHMENT A

CITY OF CALIMESA

LEVEL OF SERVICE
Average Patrol Services
24 fully supported hours per day. (Equivalent of 4.6 Deputy Sheriff position @ 1,884 annual productive hours per position standard)
Dedicated Positions
One (1) Deputy Sheriff (Supported) - POP
One (1) Community Services Officer II

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: EMERGENCY CLEANUP OF SEPTIC TANK LEAK ON HARRUBY DRIVE
MEETING DATE: May 2, 2022
PREPARED BY: Mari Shakir, Associate Engineer
RECOMMENDATION: That the City Council adopt Resolution No. 2022-17 making findings in support of a waiver of public bidding requirements and amending the FY 2021-22 budget to include an appropriation in the amount of $22,569.97 for emergency cleanup services.

BACKGROUND: On April 13, 2022, the City received a complaint about an overflowing septic tank from the residence at 167 Harruby Drive. The caller mentioned that the tank seemed to be flowing into the street and down to the golf course. Code Enforcement and Public Works immediately responded to the site to arrive to a foul odor and confirmed the septic tank contents was flowing from the front lawn, down the driveway, and into the street. Staff followed the flow of discharge for approximately 1,500 feet until it was observed entering the catch basin in front of 119 Fairway Lane.

This catch basin connects to a storm drain that empties into the former golf course property where a jurisdictional waterway is located.

Code Enforcement instructed the resident to get the septic tank serviced and gave a 2-hour time limit to provide proof of service. The resident was also made aware that any cleanup expense would be the responsibility of the homeowner. Staff notified all appropriate entities of the spill as required and contacted HCI Environmental & Engineering Service to request emergency cleanup services.

In the meantime, the City’s maintenance crew temporarily covered the catch basin to prevent any further flow from entering.

DISCUSSION: In accordance with the National Pollutant Discharge Elimination System (NPDES) Permit, the City is required to “respond to or arrange for the appropriate entity or agency to respond to Emergency Situations such as accidental spills, leaks, illicit connections or discharges, etc., to prevent or reduce the discharge of Pollutants to their MS4 facilities and the Receiving Waters.” Due to the emergency nature of the situation, and in accordance with the Public Contract Code Sections 20168 and 22050 and the Calimesa Municipal Code Section 3.15.120 subsection I, it was necessary to dispense with competitive bidding requirements in order to carry out necessary emergency cleanup. The City Council is authorized by state law and the City’s Municipal Code to allow for the waiver of public bidding requirements in these types of emergency situations.

HCI conducted a cleanup to include washing and sanitizing the whole length of curb and gutter and the catch basin. The final billed amount is $22,569.97. Staff is working to recover the costs from the homeowner, but the invoice will need to be paid by the City in the interim.

FISCAL IMPACT: The budget will be amended to include an appropriation in the amount of $22,569.97 from the general fund. As stated above, Staff will be pursuing reimbursement from the homeowner, up to and including file a lien against the property if necessary. Per the recent MidYear Budget Review, the General Fund has a projected $2.9 million of unreserved fund balance.

ATTACHMENTS:

Attachment A: Resolution 2022-17
Attachment B: HCI Invoice
Attachment C: Notice of Violation
Attachment D: Photos

RESOLUTION 2022-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

CALIFORNIA, WAIVING FORMAL NOTICE AND COMPETITIVE
BIDDING REQUIREMENTS AND AMENDING THE FY 2021-22 BUDGET

TO INCLUDE AN APPROPRIATION FROM THE GENERAL FUND FOR

SEPTIC TANK LEAK EMERGENCY CLEANUP
WHEREAS, on April 13, 2022, the City was notified of a septic tank leak at 167 Harruby Drive; and
WHEREAS, City staff observed the flow of discharge entering a catch basin over 1,500 feet away; and
WHEREAS, said catch basin connects to a storm drain that empties into a property containing a jurisdictional waterway; and
WHEREAS, the City is required to respond to or arrange for the appropriate entity or agency to respond to emergency situations such as accidental spills, leaks, illicit connections or discharges, etc., to prevent or reduce the discharge of pollutants to their MS4 facilities and the receiving waters in accordance with the NPDES permit; and WHEREAS, staff requested emergency cleanup services from HCI Environmental & Engineering Service; and
WHEREAS, the total cost of cleanup is $22,569.97; and
WHEREAS, staff is working to recover costs from the homeowner, but the City is required to pay HCI by May 15, 2022; and
WHEREAS, pursuant to Public Contract Code Sections 20168 and 22050, and Calimesa Municipal Code Section 3.15.120, subdivision (I), the City Council may by a resolution approved by a fourth-fifths vote, authorize public bidding to be dispensed with and an emergency expenditure to be made when the City Council determines that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property, including to repair or replace a public facility, and authorize any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts; and
WHEREAS, the City Council adopted the Fiscal year 2021-22 Budget on June 7, 2021; and
WHEREAS, the City Council now deems it appropriate to allocate $22,569.97 in General Funds for the cleanup.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1: Pursuant to Public Contract Code Section 20168 and 22050, and CMC Section 3.15.120, subdivision (I), the City Council hereby finds and confirms, based on

Attachment 9A
the circumstances described in the above Recitals and in the staff report for this resolution, that as a result of the septic tank leak on April 13, 2022, an emergency existed in the City of Calimesa and that the public interest and necessity demanded the immediate expenditure of public money to safeguard the health of residents and the integrity of waterways and ensure compliance with the NPDES permit.

Section 2: Based on the emergency findings described in Section 1 above, the City Council hereby further finds, orders and confirms that:
a. Formal notice and competitive bidding requirements under the Public Contract Code and Municipal Code be waived with respect to the cleanup work required to be performed to ensure the health and safety of residents and the environment. b. In light of the need for emergency cleanup described above, and pursuant to Public Contract Code Sections 20168 and 22050 and Calimesa Municipal Code Section 3.15.120, subdivision (I), the City Council ratifies the actions of the City Manager to take all steps necessary to protect public health, safety, welfare, and property including, without limitation, awarding contracts without compliance with formal bidding procedures.
c. The Fiscal Year 2021-22 Budget is hereby amended to incorporate an adjustment as follows:
• Increase expenditure account 01-5100-7210 by $22,569.97 PASSED, APPROVED, and ADOPTED this 2
nd day of May 2022.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

Attachment 9B

Attachment 9C

Attachment 9D

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: APPROVE AMENDED AGREEMENT WITH RIVERSIDE

COUNTY DEPARTMENT OF HOUSING, HOMELESS

PREVENTION AND WORKFORCE SOLUTIONS (HHPWS)

FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECT NO. 5.CM.01-21, NORTON YOUNGLOVE SENIOR
CENTER ADA IMPROVEMENT PROJECT NO 2020-02.

MEETING DATE: May 2, 2022
PREPARED BY: Bonnie Johnson, City Manager
Margaret Monson, Public Works Director
RECOMMENDATION: That the City Council approve an amended agreement with Riverside County Department of Housing, Homeless Prevention and Workforce Solutions (HHPWS) for Community Development Block Grant (CDBG) Project No. 5.CM.01-21 for the amount of $46,067.70 for the construction of the Norton Younglove Senior Center ADA Improvement Project No 2020-02.

BACKGROUND: The City Council approved an application for funding from the federal Community Development Block Grant (CDBG) and a plan for the Norton Younglove Senior Center ADA Improvement Project No 2020-02 (Project) in October of 2020. This plan would provide for an ADA accessible walkway from the existing ADA accessible parking spaces to the front entrance of the Senior Center. The original agreement with HHPWS for award of CDBG funding was $34,141. The agreement was fully executed and an Authorization to incur costs was issued in December of 2021.

DISCUSSION: On April 18, 2022, City Council awarded a contract for construction to IE General Engineering, Inc. for the amount of $46,067.70. At the same time, staff requested, and the City Council approved the use of additional funding from HHPWS to cover the additional construction costs. HHPWS allowed for the advance of future grant funding from fiscal year 2023/2024 to cover the difference of $11,927 for a total CDBG funding of $46,067.70.

FISCAL IMPACT: Council approved a construction budget of $46,067.70 for the Project on April 18, 2022. Estimated costs are outlined in the table below:

BUDGET AMOUNT
1 Design/Bidding/Project Management $3,500.00
2 Construction $46,067.70
3 Contingency 10% $ 4,068.00
4 Construction management
12% - estimated (materials testing included)
$ 5,500.00
5 GRAND TOTAL $59,135.70

The CDBG funding has been amended from $34,141 to $46,068. Staff has requested an advance on future funding from FY 23/24 for the full construction shortfall of $11,927 from HHPWS. City staff is recommending approval of the agreement with HHPWS for additional funding. The City’s Public Works Department budget will cover the design, bidding and project management costs. The existing ADA Transition Fund will cover the Construction Management as previously approved by Council, which has an available fund balance of approximately $60,000. No additional appropriation is necessary at this time.

ATTACHMENTS:

Attachment A: HHPWS Amended Agreement

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File No. 5.CM.01-21

AMENDMENT TO SUPPLEMENTAL AGREEMENT

FOR THE USE OF COMMUNITY BLOCK GRANT FUNDS
THIS AMENDMENT to the Supplemental Agreement made and entered this _____ day of __________________ 2022, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, herein called, "COUNTY," and the CITY OF CALIMESA, herein called "CITY."
W I T N E S S E T H:

WHEREAS, the parties hereto are the parties to a certain Cooperation Agreement dated December 8, 2020, whereas the CITY elected to participate with COUNTY, under the terms of which certain Community Development Block Grant funds were allocated to said CITY and designated for a specific use. Said Cooperation Agreement dated December 8, 2020, is incorporated herein by reference and made a part of this Amendment as if each and every provision was set forth herein; and
WHEREAS, the parties desire to amend said Supplemental Agreement dated December 7, 2021, under the terms of which certain Community Development Block Grant funds were allocated to said CITY and designated for a specific use; and WHEREAS, the CITY desire to amend said Supplemental Agreement, as hereinafter set forth, to reflect the increase in funding for 5.CM.01-21 Norton Younglove Senior Center ADA Improvements.

NOW, THEREFORE, in consideration of the promises and the mutual covenants and conditions hereinafter set forth, said Supplemental Agreement dated December 7, 2021, is hereby amended as follows:

1. PURPOSE. Section 2 of said Supplemental Agreement entitled, “PURPOSE,” is hereby deleted in its entirety and replaced with the following language:
“2. PURPOSE. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of

Attachment 10A

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$46,068, Community Development Block Grant, Entitlement Funds, as specifically identified in Exhibit A, which is attached hereto and consists of 6 pages, and by this reference is incorporated herein, for the following project(s)”:

5.CM.01-21 Norton Younglove Senior Center ADA Improvements, $46,068.

2. AMENDMENT TO EXHIBIT. Exhibit “A” pages 1 thru 6 to said Supplemental Agreement is hereby amended by deleting said Exhibit “A” therefore in its entirety and adding Exhibit C pages 1 thru 6 which is attached hereto and by this reference incorporated herein.

3. ENTIRE UNDERSTANDING. This Amendment and the Agreement set forth and contain the entire understanding and agreement of the Parties hereto. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements, which are not contained or expressly referred to within this Amendment and the Agreement.

4. AGREEMENT IN FULL FORCE AND EFFECT. Except to the extent specifically modified or amended hereunder all of the terms, covenants and conditions of said Supplemental Agreement dated December 7, 2021, shall remain in full force and effect between the parties hereto.

5. EFFECTIVENESS OF AMENDMENT. The effective date of this Amendment is the date the parties execute this Amendment. If the parties execute this Amendment on more than one date, then the last date this Amendment is executed by a party shall be the Effective Date.

Continued on next page

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6. FURTHER ASSURANCES. The Parties agree to execute such other documents and to take such other actions as may be reasonably necessary to further the purpose of this Amendment.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the dates set forth below.

COUNTY OF RIVERSIDE, CITY OF CALIMESA,
a political subdivision of the a general law city
State of California
BY: ____________________________ BY: _________________________ Michael Walsh,
Deputy Director
Date: Date:

File: 5.CM.01-21

AMENDED EXHIBIT A

SPONSOR’S AGREEMENT

SCOPE OF WORK
(NON-PUBLIC SERVICE)
I. GENERAL INFORMATION
SPONSOR NAME: City of Calimesa DUNS#: 808716229
ADDRESS: 908 Park Avenue
Calimesa, CA 92320
PROGRAM CONTACTS: Bonnie Johnson, City Manager
PHONE : (951)7959801 FAX : (951) 795-4399
E-MAIL : [email protected]
PROJECT NAME: Norton Younglove Senior Center ADA Improvements PROJECT LOCATION: 908 Park Avenue, Calimesa, CA 92320
LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion CDBG ELIGIBILITY CODE: 570.201 (c )
PROJECT FUNDING SUMMARY: $46,068
II. SCOPE OF SERVICE
A. Activities
Sponsor will be responsible for administering a 2021-2022 Community Development Block Grant for the Norton Younglove Senior Center ADA Improvements in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:

Activity #1 The City of Calimesa will use CDBG funds for ADA upgrades to the Norton Younglove Senior Center. All improvements are recommended in the City’s ADA Transition Plan Report. CDBG funds will be used to pay for design, construction, project management, compliance monitoring, inspection, and other related expenses.

File: 5.CM.01-21

AMENDED EXHIBIT A

B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program’s National Objective Criteria as required under 24 CFR 570.200(a)(2). Sponsor certifies that the activity (ies) carried out under this Agreement will meet the following National Objective:

National Objective Criteria: 570.208 (a)(2)(i)(A)
CFR Reference: Low Mod Limited Clientele Presumed
C. Levels of Accomplishment – Goals and Performance Measures The Sponsor agrees to implement and complete the following activity (ies):

Activity #1 design, construction, project management, compliance monitoring, inspection, and other related expenses.

CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): Creating Suitable Living Environments Providing Decent Affordable Housing
Creating Economic Opportunities
Outcome (select one): Availability/Accessibility
Affordability
Sustainability (promoting livable or viable communities) D. Sponsor Capacity
By executing this Sponsor’s Agreement, the Sponsor certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds.

Sponsor will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact Sponsor’s performance under this Agreement.

Any changes in the above items are subject to the prior approval of the County.

E. Performance Monitoring
The County of Riverside Grantee will monitor the performance of the Sponsor against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sponsor within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated.

File: 5.CM.01-21

AMENDED EXHIBIT A

F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $46,068. Drawdowns for the payment of eligible expenses shall be made against the line-item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).

The County may require a more detailed budget breakdown than the one contained herein, and the Sponsor shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and Sponsor.

G. Total Amount of Non- CDBG Leveraging

TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL

FEDERAL
STATE/LOCAL City of Calimesa $11,868 $11,868

PRIVATE
OTHER
TOTAL: _____$11,868_________
Line Item CDBG Granted
Funds
Total of NonCDBG Funds Total
Activity/Project
Budget
Notes
Design/Engineering Costs X
Project Administration Costs X
Construction Costs X
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs: Other Related
Expenses
X
TOTAL CDBG BUDGET $46,068

File: 5.CM.01-21

AMENDED EXHIBIT A

III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The Sponsor agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

B. Cost Principles
The Sponsor shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping

1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
i. Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

2. Records Retention
The Sponsor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.

3. Client Data
The Sponsor shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.

File: 5.CM.01-21

AMENDED EXHIBIT A

4. Disclosure
The Sponsor understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County’s or Sponsor’s responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Close-outs
The Sponsor’s obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sponsor has control over CDBG funds, including program income.

6. Audits & Inspections
All Sponsor records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Sponsor within 30 days after receipt by the Sponsor. Failure of the Sponsor to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Sponsor hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits, the Single Audit Act, and the Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

File: 5.CM.01-21

AMENDED EXHIBIT A

IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, Sponsor will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below:

Tasks / Milestone Start Date Completion Date
Complete CDBG Training July 2021 July 2021
Implement Project Activities Upon Notification from HHPWS Execute Supplemental Agreement September 2021 October 2021 & Notice to Incur Cost
Tasks / Milestone Start Date Completion Date
Submit Quarterly Performance Start October 2021 Through June 2022 Reports to County
County Monitoring of City Program/Performance To be determined by Program Manager Specific Project Activities

1. City executes Supplemental Agreement; receives Authorization to Incur Cost letter

2. City prepares final construction documents (incorporating Special Federal Provisions) for HHPWS review and approval

3. HHPWS authorizes City to advertise for bids

4. HHPWS reviews and approves bidding process

5. City awards construction contract

6. City and HHPWS conduct “pre-construction meeting”

7. HHPWS authorizes City to issue “Notice to Proceed”
City Submits Reimbursement Requests Monthly Submittal Other Schedule CDBG-funded Project Complete June 15, 2022
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
City must follow proper procurement and construction policies and procedures of the City and CDBG regulations.

No construction will shall commence using CDBG funding without prior Notice to Proceed. Pre-Construction meeting required. City is required to contact the County Program Manager for review prior to submission of RFP, construction activity or cost without prior written approval. County must be contacted 10 days in advance for attendance of Pre-Construction meeting. Original Certified payrolls to be submitted on a weekly basis to County.

This public facility project meets a National Objective of the CDBG program by primarily serving Seniors that are presumed to have low and moderate incomes. Upon project completion, City/Sponsor must collect and report annual Direct Benefit data to HHPWS for a five (5) year period.

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: NEW CALIMESA WEBSITE REVEAL
MEETING DATE: May 2, 2022
PRESENTED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council receive and file the report received on the new website.

BACKGROUND: At your July 19, 2021 meeting, Council approved the agreement with CivicEngage(CivicPlus LLC) for redesign of the City’s current website, with the Scope of Work to include the design of a new City Logo, which will be incorporated into the website design.

At your December 6, 2021 meeting staff provided Council with the new logo concept and the color scheme of the new website, all of which were approved by Council. Then at your January 18, 2022 meeting, Resolution No. 2022-02 was adopted approving the new city logo.

CivicEngage(CivicPlus LLC) has completed the design of the website and has provided staff with the necessary training for managing the website. The new website is scheduled to go live on Thursday, May 5, 2022.

STAFF WILL PROVIDE A LIVE DEMONSTRATION OF THE NEW WEBSITE AT THE MEETING.

FISCAL IMPACT: The City will receive Annual recurring services from CivicEngage(CivicPlus LLC), for hosting and security, software maintenance including service patches and system enhancements, 24/7 technical support and access to the CivicPlus Help Center and a dedicated Client Success Manager for the cost of $7,900.00, which has been budgeted for in the 2022-2023 Fiscal Year.