Agenda — Delano City Council, April 2, 2024 (part 2 of 2)

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The City Council approves and adopts the following logo as the City logo, with lettering, form, arrangement, and designs all as set forth in the embossed or stamped impression thereof which follows:

1.12.030 – Custody and Use.

The City Clerk shall have the custody of the City of Delano City seal and City logo. The use of the City seal or City logo shall be for purposes directly connected with official business of the City. No person or group shall use the City seal or City logo without first obtaining the prior consent of the City Clerk as provided in this Section.

1.12.040 – Authorization for Use.

The City Clerk is empowered to authorize individuals or groups to use the City seal or City logo, provided the use has been approved in advance by the City Council. This includes authorizing use of the City seal or City logo in conjunction offered for sale by the City, for the purpose of promoting the City. Prior to authorizing such use, the City Clerk shall obtain a plan describing the items that would bear the City seal or City logo. The plan shall include the criteria used in determining the proposed items and analysis of the marketability of each item. Only those items bearing the City seal or City logo that have been authorized by the City Council pursuant to this Section may be offered for sale.

1.12.050 – City Council Use.

Currently seated Council Members may use the City seal or City logo for non-commercial and non-political ceremonial purposes such as congratulating individuals on significant anniversaries, birthdays, local sports teams and similar type events.

1.12.050 – Penalties.

City of Delano
Ordinance No. ____

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Every person who, without the prior approval of the City Council, uses or allows to be used the City seal or City logo or any copy or reproduction of either, without authority granted by the City Council, whether for commercial, personal, or any manner whatsoever not consistent with this Chapter 1.12 or state law, is guilty of a misdemeanor.” SECTION 3. Environmental Assessment. Adoption of this Ordinance is exempt from further environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., “CEQA”) and CEQA Guidelines (14 Cal.

Code of Regs., § 15000 et seq., “CEQA Guidelines”) because the actions contemplated do not constitute a “project,” pursuant to CEQA Guidelines § 15378.

Further, this Ordinance concerns use of the City’s seal, and therefore, pursuant to CEQA Guidelines § 15061(b)(3), it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

SECTION 4. Repeal and Supersession. The City Council adopts this Ordinance with the specific intent of superseding any contrary regulation or administrative policy and procedure. Consequently, all regulations that conflict with this Ordinance are repealed.

SECTION 5. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 6. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 7. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with state law.

SECTION 8. Effective Date. This Ordinance will become effective 30 days after adoption.

PASSED AND ADOPTED this ___ day of ______________, 2024. __________________________
Joe L. Alindajao, Mayor
City of Delano
Ordinance No. ____

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ATTEST:
_________________________
Nancy Garcia, City Clerk

APPROVED AS TO FORM
By: ________________________________
Mark D. Hensley, City Attorney

CITY OF DELANO

STAFF REPORT
April 2, 2024
Agenda Item:10
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Mark Hensley, City Attorney
SUBJECT: Second Reading of Ordinance Amending Delano Municipal Code Chapter

2.04 to Adjust Monthly City Council Member Compensation Pursuant to California Senate Bill 329.

RECOMMENDATIONS

1. Waive the second reading and approve an Ordinance amending Delano Municipal Code (“DMC”) Chapter 2.04 to adjust monthly City Council Member compensation, pursuant to California Senate Bill 329, to $1,000 per month.

2. Alternatively, discuss and take other action related to this item.

DISCUSSION/BACKGROUND
On March 18, 2024, the City Attorney provided an update to the City Council regarding California Senate Bill 329 (“SB 329”), signed by the Governor on June 23, 2023, which increased the maximum compensation for California city council members for the first time since 1984. SB 329 increased the maximum monthly salary for council members serving in cities with populations between 50,000 and 75,000 from $500 to $1,600.

Following the City Attorney’s presentation and its own discussion, the City Council conducted a first reading of an Ordinance amending Delano Municipal Code (“DMC”) Chapter 2.04 to increase the monthly City Council Member compensation from $500 to $1,000 per month.

The Ordinance would become effective 30 days following the recommended City Council second reading and approval.

FISCAL IMPACT
The proposed $1,000 per month for compensation for five City Council Members results in a total sum of $60,000 per calendar year. Pursuant to state law, any amounts the City pays for retirement, health, and social security benefits are not included for purposes of determining this compensation amount.

ATTACHMENTS
Ordinance
ORDINANCE NO. ________

AN ORDINANCE AMENDING ARTICLE II (SALARY) OF
CHAPTER 2.04 (CITY COUNCIL) OF THE DELANO MUNICIPAL

CODE TO ADJUST CITY COUNCIL MEMBER COMPENSATION
PURSUANT TO CALIFORNIA SENATE BILL 329.

The City Council of the City of Delano does ordain as follows:

SECTION 1. Findings. The City Council finds, determines, and declares as follows:

A. For general law cities, like the City of Delano compensation is controlled by general state law, specifically Government Code § 36516.

B. Government Code § 36516 allows the City Council to establish, by ordinance, a salary up to a ceiling determined by the City’s population.

C. California Senate Bill 329 (“SB 329”), effective January 1, 2024 established new compensation ceilings for city councils for the first time since 1984 to account for the impacts of inflation and provide a greater economic incentive for citizens to represent their municipal governments.

D. The City’s population, based on the preceding federal census is 51,428, and Government Code § 36516(a)(2) authorizes
compensation for a city with a population between 50,000 and 75,000 be set, by ordinance, at a maximum monthly amount of $1,600.

E. Government Code § 36516(a)(4) subsequently authorizes the City Council to increase compensation by the greater of either (i) an amount equal to five percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted (the same measure that has been in place since 1984), or (ii) an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, not to exceed ten percent for each calendar year. The law does not allow for automatic salary increases for council members.

F. Under Government Code § 36516.5, any change to City Council compensation becomes effective only when at least one member of the City Council begins a new term.

City of Delano
Ordinance No. ____

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G. Delano Municipal Code (“DMC”) Chapter 2.04 (City Council), Article II (Salary) requires amendment to refresh its statutory references to enabling state law and establish a new monthly compensation amount for City Council Members.

H. The City Council seeks to increase its monthly member compensation from its current $500 per month amount, pursuant to SB 329, to account for the impacts of inflation and provide a greater economic incentive for citizens to participate in the hard work of governing a local municipality.

SECTION 2. Amendment. Article II (Salary) of Chapter 2.04 (City Council) of the DMC is amended in its entirety to read as follows:
“CHAPTER 2.04 (CITY COUNCIL)
II. SALARY

2.04.320 – Purpose.

The purpose of this article is to fix compensation for the council in accordance with state law, including, without limitation, Government Code § 36516 et seq.

2.04.330 – Compensation.

Pursuant to Government Code § 36516, each member of the Council will receive a salary of $1,000 per month as compensation for serving on the City Council. This amount is based on the City’s population of 51,428, as set forth by the preceding 2020 federal census.

2.04.340 – Reimbursement.

The compensation set forth in this article excludes any amounts payable to members of the Council as reimbursement for actual and necessary expenses incurred in performing official Council duties.” SECTION 3. Environmental Assessment. Adoption of this Ordinance is exempt from further environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., “CEQA”) and CEQA Guidelines (14 Cal.

Code of Regs., § 15000 et seq., “CEQA Guidelines”) because the Ordinance concerns compensation amounts and polices and therefore, pursuant to CEQA Guidelines § 15061(b)(3), it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

City of Delano
Ordinance No. ____

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SECTION 8. Effective Date. This Ordinance will become effective 30 days after adoption. Pursuant to Government Code § 36516.5, the Ordinance’s modification to compensation will not apply to current Council Members until at least one member of the City Council begins a new term.

PASSED AND ADOPTED this ___ day of ______________, 2024. __________________________
Joe L. Alindajao, Mayor
ATTEST:
_________________________
Nancy Garcia, City Clerk

APPROVED AS TO FORM
City of Delano
Ordinance No. ____

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By: ________________________________
Mark D. Hensley, City Attorney
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CITY OF DELANO

STAFF REPORT
April 2, 2024
Agenda Item:11
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Approval of agreement with Provost and Pritchard Consulting Group to provide plans & specifications for the “Project LRSP No. 3 Roadway Segment Spot Improvements in Delano, California, HSIPL-5227(072)” in the amount of $20,00.00 and authorize the City Manager or her designee to sign the agreement.

Recommendation
Approve the agreement with Provost and Pritchard Consulting Group (P&P) to provide plans & specifications for the “Project LRSP No.3 Roadway Segment Spot Improvements in Delano, CA, HSIPL-5227(072)” in the amount of $20,000.00.

Discussion
The Department of Transportation granted the City of Delano $18,000.00 through the HSIP program for Preliminary Engineering. This project is to provide civil engineering design services for the plans and specifications for Roadway Segment Spot Improvements such as installation of centerline and edge line rumble strips/stripes and relocation of objects for clear recovery zones at various streets in Delano.

P&P demonstrated considerable current and past working experience in civil engineering design on similar projects. The firm has professional staff capable of providing all services necessary for the completion of a project of this scope and size. P&P will be responsible for providing civil engineering design services for the project. The scope for this project includes providing plans, specifications, and estimates for a complete bid document package for the construction of Roadway Segment Spot Improvements project at various streets in Delano.

Budget Impact
Staff recommends approval of this agreement with a budget of $20,000.00 to be funded by HSIP State funds of $18,000.00 (see attached finance letter) and local match of $2,000.00 from TDA funds. By this approval it is requested that the Finance Director be Authorized to amend the budget and add this project labeled “HSIP Cycle 11 LSR No. 3 Roadway Segment Spot Improvement HSIPL 5227-072 Project Design”.

Attachments: Agreement
Proposal
Finance Letter
1 Agreement for Professional Services
By means of this agreement between the City of Delano, a municipal corporation (“City”) 1015 Eleventh Avenue, Delano, CA 93215 and Provost & Pritchard Engineering Group, Inc. dba Provost & Pritchard Consulting Group, a California Corporation (“Consultant”) made this __2nd__ day of April , 2024.

Recitals
WHEREAS, Consultant represents that Consultant is experienced and well qualified in the field of architecture; and
WHEREAS, the City desires to contract with Consultant, to have Consultant perform design services for a project known and described as “Project LSR No. 3 Roadway Segment Spot Improvements in Delano, CA, HSIPL-5227(072)” project in the City of Delano in Kern County.

NOW THEREFORE, incorporating the foregoing Recitals herein, and for good and valuable consideration, the adequacy of which is acknowledged, the City and Consultant mutually agree as follows:

Agreement

1. Scope of Work: Consultant agrees to provide and perform certain professional services for the City in connection with the scope of work as set forth in Exhibit A attached hereto and incorporated by this reference. Consultant shall complete the professional services required hereunder in accordance with the prevailing standard of care by exercising the skill and ability ordinarily required performing the same or similar services, under the same or similar circumstances, in the State of California.

2. Time and Order of Work: The format of the work approach and work plan shall be as set forth in Exhibit A. Consultant shall complete all work and service assigned in a timely and professional workman like manner.

This Agreement shall be effective on the latest date on which this Agreement is fully executed by both Parties. The initial term of this Agreement shall be twelve (12) months.

Agreement shall automatically renew for subsequent twelve (12) month terms until such time as either Party notifies the other of their desire to terminate this Agreement in accordance with Section 7.

3. Compensation: The cost for services shall be as set forth in Exhibit A and incorporated herein by reference. Consultant shall only be reimbursed for expenses related to the services provided as specified and set forth in Exhibit A. Any additional services provided by consultant, including, but not limited to, services provided as a result of a change in instructions from the City, changes in law, rule or regulation, attendance at any public hearings, or otherwise beyond the scope stated in Exhibit A shall be performed only after 2 the execution by City and Consultant of a written amendment to this Agreement specifically authorizing such Additional Services.

4. Payment Procedure:
(A) Consultant shall be paid for work and services rendered after receipt of an itemized invoice for the work to be submitted monthly, completed, and approved by the City.

Invoices shall be detailed and supported with documentation. (B) Payments shall be made by the City within thirty (30) days after receipt and approval of the Consultant’s itemized invoice by the City unless the work or services being billed for are unacceptable to the City.

5. City’s Responsibilities:
(A) The City shall designate a representative authorized to act on its behalf with respect to orderly execution of this Agreement. The City, or its representatives, shall promptly render decisions pertaining to the progress of the work to avoid unreasonable delay in the progress of the work services to be provided herein by the Consultant.
(B) The City shall furnish the Consultant available studies, reports and other data pertinent to the Consultant’s services; obtain or authorize the Consultant to obtain or provide additional reports and data as required; furnish to the Consultant services of others required for the performance of the Consultant's services hereunder, and the Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing the Consultant's services under this Agreement.
(C) The City shall arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services hereunder.

6. Insurance:
(A) Consultant shall procure and maintain for the duration of this Agreement, the following types and limits of insurance prior to the commencement of work by the consultant.
1) Worker’s Compensation Insurance with statutory limits as required by Statutory Law.
2) Commercial General Liability with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence to protect the Consultant against claims for bodily injury or death and damage of property of others. This shall cover the use of all equipment, hoist and vehicles on the site(s) not covered by automobile liability under subsection (3) below. If the Consultant has a “claims made” policy, then the 3 following additional requirements apply: The policy must provide a “retroactive date” which must be on or before the execution date of the Agreement; and the extended reporting period may be less than five (5) years following the completion date of this Agreement.
3) Automobile Liability Insurance on owned and non-owned motor vehicles used on the site(s) or in connection therewith for a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence.
4) Professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services under this Agreement by Consultant or its employees.

The amount of this insurance shall not be less than two million dollars ($2,000,000.00) on a combined and single-limit per claim basis. (B) All policies shall contain the following endorsement: An endorsement providing Delano within thirty (30) days written notice of cancellation or reduction of coverage in any policy, policy language or terms.
(C) All liability insurance policies required of the Consultant hereunder except professional liability, shall be primary insurance and shall name City, its officers, employees and agents as additional insured.

7. Termination of Agreement:
(A) The City may, by thirty (30) days advance written notice to consultant, terminate this Agreement, in whole or in part, at any time. Upon receipt of such notice of termination by the City, the Consultant shall discontinue all services (unless the notice directs otherwise) and deliver to the City all data, reports, estimates and such other information, materials and work product as may have been accumulated by the Consultant in performing the work and services as set forth in this Agreement. (B) If termination is for the convenience of the City, or otherwise without cause, the Consultant shall be entitled to compensation for all work performed to date of notice of termination or upon termination. Compensation for work shall be in accordance with work completed as set forth in Exhibit A but shall not be for an amount exceeding that indicated in any approved amendment or other written agreement between the parties.
(C) If termination is due to the failure of the Consultant to fulfill the obligations under this Agreement, the City may request that Consultant deliver to it, in the manner and to the extent directed by the City, any work described above, and compensation for work so delivered and accepted by the City shall be the actual payments authorized by the City.
4 (D) Consultant may terminate this Agreement upon ninety (90) days written notice, with or without cause and with no penalty or additional cost. In case of such termination, Consultant shall be entitled to receive payment for work completed up to and including the date of termination within thirty (30) days of the termination.

Consultant’s termination for convenience does not constitute a default or breach of this Agreement.

8. Indemnity:
(A) Indemnity for Professional Liability:

When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent caused by the negligent or intentionally wrongful act of Consultant (and its sub-consultants). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent such Liabilities are caused by the sole or partial negligence or willful misconduct of the City. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault (except as otherwise provided in section 2782.8).
(B) Indemnity for Other Than Professional Liability:

Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees)(Claim), to the extent caused by the negligent or intentionally wrongful act of the Consultant. Notwithstanding the preceding, Consultant’s duty to defend City shall extend to any Claim alleging negligence of Consultant, regardless of whether negligence of City is alleged. In the event of a negotiated or otherwise determined allocation of liability between Consultant and City, defense costs shall be pro-rated on the basis of that determination. . Neither Party shall be obligated to indemnify the other Party in any manner whatsoever for the other Party’s own negligence, or for the acts of their respective officers, trustees, employees and/or agents. (C) Consultant Defense:

Consultant shall have the right to control the defense and settlement of any claim for which indemnification is sought under this Agreement, provided that 5 Consultant shall not enter into any settlement of such a claim that requires an admission of wrongdoing by an indemnified party without that party's consent.

Consultant obligation to provide indemnification is contingent upon timely notice of the claim for which indemnification is sought, such that the defense of the claim is not prejudiced, and the reasonable cooperation of the party seeking indemnification with the defense of the claim.

9. Assignment: Except for sub-consultants, as provided in Section 10(O), Consultant shall not assign or transfer any interest in this Agreement except claims for monies due or becoming due from the City under this Agreement may be assigned to a bank, trust company or other financial institution of Consultant’s choosing. Notwithstanding the preceding, Consultant may assign this Agreement to its parent, subsidiaries or sister companies (Affiliates), or to any entity which acquires all or substantially all of the assets, membership interests or equity interests of Consultant without notice to Municipality provided that the entity receiving assignment of this Agreement agrees to perform all of the terms and conditions of this Agreement to be performed by Consultant from and after the assignment.

10. Miscellaneous:
(A) In connection with the performance of work under this Agreement, Consultant agrees not to discriminate against any employee or applicant because of race, sex, color, religion, handicap, age, or national origin.
(B) No member, officer or employee of the City, or member of the City Council no other public official of such locality of localities who exercise any functions or responsibilities, with respect to this Agreement, shall, during his/her tenure, and for the year thereafter, have any interest, direct, or indirect, in this Agreement or its proceeds.
(C) The Consultant has not employed any person to solicit or secure this Agreement upon any agreement for commission, percentage, brokerage, or contingent fee. (D) In the unlikely event of a dispute arising under this Agreement, Consultant shall notify the City promptly in writing of its contentions and submit its claims within five (5) business days from the date of such claim. If the dispute arises before the performance of the related work, the written notice shall be submitted prior to commencing such work. In any event, the Consultant shall proceed with the work hereunder in compliance with the instructions of the City, but such compliance shall not constitute waiver of the Consultant’s rights to make a claim, provided Consultant has notified the City in writing as set forth above. (E) All documents, data, reports and test reports (the “Documents”) that are a part of the work and services by Consultant under the terms of this Agreement, shall be the property of the City; provided, however, that Consultant does not transfer or waive its intellectual property rights it may have in the Documents or to use the Documents in relation to projects beyond the scope of the applicable Project, 6 without the written approval of Consultant. Should the City or any successor in interest modify the Documents or Consultant’s work product without the prior consent of Consultant, Consultant shall be relieved from all resulting liability and the City shall indemnify, protect, hold harmless and defend Consultant from any such claim that results with respect to the unauthorized use. The Consultant's instruments of service hereunder are the printed hard copy reports, drawings and specifications issued for the Project, whereas electronic media, including CADD files, are tools for their preparation. As a convenience to the City, the Consultant shall furnish to the City both printed hard copies and electronic media. In the event of a conflict in their content, the printed hard copies shall take precedence over the electronic media. Because data stored in electronic media form can be altered, inadvertently, it is agreed that the City shall hold the Consultant harmless from liability arising out of changes or modifications to the Consultant's data in electronic media form in the City's possession or released to others by the City. (F) This Agreement, scope as set forth in Exhibit A, and amendment(s), if applicable, constitute the entire agreement between the parties and supersede any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Consultant for the City and contains all covenants and agreements between the parties with respect to rendering of such services. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
(G) If any provision in this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. (H) If any actions at law or in equity, including any actions for declaratory relief is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be set by the Court in the same action, or in a separate action, brought for that purpose, in addition to any other relief to which that party may be entitled. Any lawsuit pertaining to any to pertaining to any matter arising under or growing out of this Agreement shall be instituted in Kern County, California.
(I) This Agreement will be governed by and construed in accordance with the laws of the State of California.
(J) Upon at least forty-eight (48) hours advance written notice, records, books, documents and papers of the Consultant shall be made available to the City or any of its duly authorized representatives at Consultants regular place of business and during regular business hours, to examine, audit or otherwise review such records pertaining to the services provided under this Agreement. (K) Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are 7 legally required for Consultant to perform the work and services it is required to perform under this Agreement.
(L) Each and every provision of the law or clause required by law to be inserted herein in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein and if, through mistake, or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party, this Agreement shall be physically amended to make sure insertion or correction.
(M) This Agreement calls for the performance of the services of Consultant as an independent contractor, and Consultant will not be considered an employee of the City for any purpose and is not entitled to any of its benefits provided by the City to its employees. This Agreement shall not be construed as forming a partnership or any other association with Consultant other than that of an independent Contractor. Consultant shall have no authority beyond that given in this Agreement to act on behalf of the City as an agent, nor to bind the City to any contracts or obligations.
(N) Each individual executing this Agreement represents that they are duly authorized to execute and deliver this Agreement on behalf of the organization or corporation named herein and this Agreement is binding upon said corporation or organization in accordance with its terms.
(O) Consultant is authorized to use sub-consultants for the completion of the work, at Consultant’s own cost and expense as Consultant deems necessary to fulfill its duties, obligations and responsibilities under this Agreement. Consultant’s subconsultants shall comply fully with the terms of this Agreement, including, but not limited to, the insurance requirements, as applicable to the portion of the work or services performed by them.
(P) All notices, requests, demands, consents, instructions or other communications hereunder shall be in writing (which shall include e-mail or telefax) and shall be deemed to have been given or made on (A) the day of confirmed dispatch if sent by e-mail or telefax and if such day is a business day (otherwise on the first business day thereafter), (B) the day of delivery thereof to the telegraph office if sent by telegraph and if such day is a business day (otherwise on the first business day thereafter), (C) three (3) business days after deposit in the U.S. mail, if sent by certified mail, postage prepaid, return receipt requested, or (D) on the next business day if sent by overnight personal delivery, in each case addressed to the party to which such notice is requested or permitted to be given or made hereunder, at the address and/or numbers set forth underneath such party's signature line to this Agreement, or to such other address of which such party shall have notified in writing the party giving such notice. As used herein, the term "business days" shall mean the hours of 9:00 a.m. through 4:00 p.m. of each Monday through Friday during the term of this Agreement, excepting Saturdays, Sundays and legal holidays observed by the State of California.
8 (Q) Consultant will provide services in accordance with the provisions of Exhibit A. (R) The Consultant shall not be responsible for warranties, other than those specifically stated elsewhere herein, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to the City or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s sub consultants, that impact project completion and/or success.
(S) The services to be performed by the Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on the Consultant's performance of its services hereunder, and no right to assert a claim against the Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Consultant's services hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.

CITY OF DELANO PROVOST & PRITCHARD
Maribel Reyna, City Manager Jeffrey Dorn, C 76749, TE 2945 Director of Operations

ATTEST APPROVED AS TO FORM
Nancy Garcia, City Clerk Mark Hensley, City Attorney
Attachments: Exhibit A, Scope of Work and Compensation
9 EXHIBIT A – SCOPE OF WORK AND COMPENSATION
1800 30th St, Ste 280 • Bakersfield, CA 93301 • (661) 661-5900 www.provostandpritchard.com
I:\Marketing\Proposals\2024\City of Delano - Project 24-263 -Local Road Safety Plan Project No. 3\Working Drafts\LRSP Proj No 3 Proposal.docx Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID February 26, 2024
Roman Dowling
Public Works Director/City Engineer City of Delano
1015 11th Avenue
Delano, CA 93215
Subject: Engineering Services for
LRSP Project No. 3 Roadway Segment Spot Improvements in Delano, California Dear Roman Dowling:

Thank you for the opportunity to submit this proposal to provide engineering services for the subject project.

This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds. The information contained in this document is based on information provided by the City of Delano on February 12th, 2024 and Delano Local Road Safety Plan (LRSP).

PROJECT UNDERSTANDING
We understand that the City of Delano would like to install spot improvements along four segments as outlined in project number 3 of the LRSP. The four roadway segments are County Line Road from Browning Road to Veneto Street, Browning Road from Garces Highway to 6th Avenue, Norwalk Street from Weaver Avenue to 18th Avenue, and W Cecil Avenue from Benner Street to Lytle Avenue. The improvements include the following:

1. County Line Road, Browning to Veneto
a. Centerline and edge line rumble strips/stripes

2. Browning Road, Garces to 6th
a. Centerline and edge line rumble strips/stripes

3. Norwalk, Weaver to 18th
a. New centerline rumble strips/stripes only

4. W Cecil Avenue, Benner Alignment to Lytle
a. New edge line rumble strips/stripes and the removal or relocation of fixed objects within the Clear Recovery Zone.

Public Works Director/City Engineer City of Delano February 26, 2024 LRSP Project No. 3 Roadway Segment Spot Improvements Page 2 of 4 Job No.: 23-610
I:\Marketing\Proposals\2024\City of Delano - Project 24-263 -Local Road Safety Plan Project No. 3\Working Drafts\LRSP Proj No 3 Proposal.docx

SCOPE OF SERVICES
Our proposed scope of work for this proposal is segregated into several phases, described below.

PHASE DD: DESIGN DEVELOPMENT
90% PLANS
We will prepare a nearly-complete set of plans for construction of the project. We anticipate that our 90% plan set will include the following sheets:
 Cover Sheet
 Street Plans (Double plan view sheets at 1”=20’ – 4 sheets)  City/Caltrans Standard Detail Sheet
90% SPECIFICATIONS
We will provide a set of technical specifications in CSI 48-Division format, to be based on the latest Caltrans Standards. The City will use the technical specifications in combination with its front end specifications for a complete set.

ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COST (EOPCC) We will prepare a preliminary Engineer’s Opinion of Probable Construction Cost for the project based on our 90% plans.

DELIVERABLES
The plans, technical specifications, and EOPCC listed above will be submitted to the City in PDF format only.

CITY REVIEW OF 90% PLANS AND SPECIFICATIONS
Once City staff has had the opportunity to review our 90% Plans, we will schedule a conference call between our design team and City staff to review the comments.

PHASE CD: CONSTRUCTION DOCUMENTS

FINAL PS&E BID PACKAGE
We will incorporate comments and feedback that we received on our 90% plans and technical specifications as we finalize the design. Once complete, the final plans and specifications will be fully ready for use as bid documents. The design team will adjust the EOPCC to reflect any final changes made to the design.

DELIVERABLES
The plans, technical specifications and EOPCC listed above will be submitted to the City in PDF format only.

PROFESSIONAL FEES
PROPOSED FEE – PROJECT NAME

PHASE ESTIMATED FEE
Phase DD $13,500
Phase CD $6,500
Total Estimated Fee: $20,000
Provost & Pritchard Consulting Group will perform the services in this Phase for the fixed fee amount of $20,000. These services will be invoiced monthly, on a percent-complete basis. Reimbursable Expenses are included in the Fixed Fee amount stated.

Public Works Director/City Engineer City of Delano February 26, 2024 LRSP Project No. 3 Roadway Segment Spot Improvements Page 3 of 4 Job No.: 23-610
I:\Marketing\Proposals\2024\City of Delano - Project 24-263 -Local Road Safety Plan Project No. 3\Working Drafts\LRSP Proj No 3 Proposal.docx

SCHEDULE
Once we are authorized to proceed, we can prepare the plans for initial submittal in approximately 8 weeks.

Agency review time is beyond our control.

ASSUMPTIONS
 The City will prepare all required funding compliance documents.  Survey will not be necessary for design of the improvements outlined.  No geotechnical investigation will be conducted with the project. Existing pavement will not be improved with this project.
 All improvements will be constructed in City right of way. No right of way or easement acquisition is included. No improvements will be constructed within Caltrans right of way.  Aerial imagery will be used for the background on all sheets.  City will Coordinate with Utility Companies for utility relocations.  Our proposal and fees do not provide for a private utility locator service to locate underground utilities.
 The Contractor will follow all applicable storm water, erosion, and dust control Best Management Practices (BMPs). Because the soil disturbance area is under 1.0 acres, no Stormwater Pollution Prevention Plan (SWPPP) or Dust Control Plan will be required.  Provost & Pritchard CAD standards and title block will be used for the design of this project.  City will advertise the notice to bidders, make the bid documents available to bidder’s electronically, conduct the bid opening, prepare a canvass of bids, and award the contract.  Materials testing, if necessary, will be provided by a separate consultant under separate contract.  Staging plans, traffic control plans, and construction phasing plans are not part of this scope of work.

If requested as additional services, City staff will recommend available staging areas and we will illustrate these areas on our plans. It will be the responsibility of the City’s awarded Contractor to define their plans for use of these staging areas.
 In providing services under this Scope of Work, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Upon notice to the Consultant and by mutual agreement between the parties, the Consultant will, without additional compensation, correct those services not meeting such a standard. The Consultant makes no warranty, express or implied, as to its professional services rendered under this Agreement.

Public Works Director/City Engineer City of Delano February 26, 2024 LRSP Project No. 3 Roadway Segment Spot Improvements Page 4 of 4 Job No.: 23-610
I:\Marketing\Proposals\2024\City of Delano - Project 24-263 -Local Road Safety Plan Project No. 3\Working Drafts\LRSP Proj No 3 Proposal.docx

ADDITIONAL SERVICES
The following services are not included in this proposal, however, these and others can be provided at additional cost, upon request.
 Utility Coordination
 Bid Process Support
 Construction Administration Support
 Construction Staking
 Construction Management and/or Observation

TERMS AND CONDITIONS
If this proposal is acceptable, please provide a standard City of Delano agreement, which will serve as our notice to proceed. This proposal is valid for 60 days from the date above.

Sincerely Yours,
Provost & Pritchard Consulting Group
Jeffrey Dorn, RCE 76749, TE 2945
Director of Operations, Transportation/Site Development

FINANCE LETTER
10/23/202306-KER-0-DLNHSIPSL-5227(072)0624000151
DEPARTMENT OF TRANSPORTATIONTo: City of Delano
Date:

D_CO_RT:

Project No:

Adv. Project Id:

Project End Date:

EA No:

Est Tot Proj Costs: $132,500

PRO RATA OR

LUMP SUM
FINANCE ITEMS TOTAL COST OF PART. COST LOCAL
WORK

STATE HSIPS
Agency Preliminary Engineering $20,000.00 $20,000.00 $18,000.00 $2,000.00 Totals: $20,000.00 $20,000.00 $18,000.00 $2,000.00
Participation Ratio: 100% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.

Signature:

Title: HQ Sr Area Engineer
REQ1: Caltrans allocated $18,000 of State-Only HSIP funding for the PE phase of work on 10/23/2023 under project ID # H11-06-009, PECT>20.30.010.551. * Total Cost of PE is $20,000, of which state share is $18,000 @90%. The remaining 10% would come from local match.* Maximum State HSIPS Funds for this project: $119,250.

For questions regarding finance letter, contact:

Printed Name: Abhijit J. BagdeTelephone No: (279) 234-8735 Remarks: _________________________________ ADV. PROJECT ID APPROP. UNIT STATE PROG. FED/ STATE ENCUMBRANCE AMOUNT APPROP YEAR EXPENDITURE AMOUNT ENCUMBRANCE BALANCE REVERSION DATE* APPROVED AMOUNT EXPIRATION DATE Cooperative Work Agreement ACCOUNTING INFORMATION HSIPSL-5227(072) *Please submit invoices to the appropriate Districts by April 1st to avoid funds lapsing on the June 30th reversion date listed above and to allow sufficient timefor Accounting and SCO year-end closing procedures.

Page 1 of 1 ends

CITY OF DELANO

STAFF REPORT
April 2, 2024
Agenda Item: 12
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, Public Works Director
SUBJECT: Report on the Status of the Local Emergency Regarding the Collapsed Sewer Line in the Kensington-Lexington Alley Pursuant to Public Contracts Code § 22050(c).

RECOMMENDATIONS
It is recommended that the City Council:

1. Receive and file the report from the Public Works Director, pursuant to Public Contracts Code § 22050(c)(1).

2. Adopt a motion, by four-fifths vote, declaring that there is a need to continue emergency actions, pursuant to Public Contracts Code § 22050(c)(2).

3. Alternatively, discuss and take other action related to this item.

DISCUSSION/BACKGROUND
Pursuant to Public Contracts Code § 20168, the City Council, declared on March 18, 2024, that public interest and necessity demanded the immediate expenditure of public money to safeguard life, health, or property because of an emergency. The ongoing local emergency concerns the collapsed sewer line in the Kensington-Lexington alley, south of Cecil Ave.

Pursuant to Public Contracts Code § 22050(c)(1), the City Council must thereafter review this emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the work described above is completed. Public Contracts Code § 22050(c)(2) requires that, by a four-fifths vote, the Council determines there is a need to continue emergency actions. As of the date of this report, there is a need to continue actions related to the local emergency because the repairs are only about 30% complete.

FISCAL IMPACT
As originally stated in the emergency resolution, there are sufficient funds in Sewer Fund Account 72-880W-570 (Sewer line Replacement) to cover the emergency repair expenditure not to exceed $350,000 on a time and materials basis.

CITY OF DELANO

STAFF REPORT
April 2, 2024
Agenda Item: 13
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Sumeet Batth-Chavez, Recreation Manager
SUBJECT: Staff is requesting direction from the City Council on whether to continue to offer non-competitive youth sports opposed to competitive youth sports programs
Discussion
Staff is requesting direction from the City Council on whether to continue to offer noncompetitive youth sports opposed to competitive youth sports programs. For the past 20 years or more, the City of Delano’s Recreation Department has offered non-competitive youth sports programs to residents, except for youth basketball. Youth basketball has been offered competitively to youth ages 8 years of age and older.

Currently, the Recreation Department is offering non-competitive youth programs for all ages. After the COVID pandemic, the City of Delano’s Recreation Department had been struggling (like most nationwide agencies) to recruit/bring back part-time, seasonal staff including coaches. Staff has been recruiting for coaches more proactively in the past few months and our coaches list is gradually increasing. If the direction to provide competitive programs is provided, then the department would need to hire additional part-time staff such as officials and scorekeepers.

If the City Council directs staff to provide competitive programs the following items may be impacted:
1) Budget costs will increase due to hiring additional staff such as officials and scorekeepers.
2) The non-competitive leagues are more inclusive in nature, where children with or without intellectual and/or developmental disabilities can play. If the leagues are changed to competitive, the inclusivity may decrease or completely be lost.
3) The current programming schedule and curriculum will need to be changed to add the competitive component to the current programs. This may push back program start dates.
4) The registration/program fees may need to be increased due to the addition of officials and scorekeepers.

Recommendation
Staff is recommending for City Council to consider the following three options:
1) Allow the City of Delano’s Recreation to continue to provide noncompetitive, learning leagues to the youth. 2) If the Council directs staff to provide competitive programs, then to provide some time to transition from non-competitive to competitive. The change can be implemented next calendar year, starting in January. This will allow the Recreation Department to carry out the pre-scheduled activities and curriculum.
3) Direct staff to place a RFP (Request for Proposal) to update the Recreation Master Plan. The current Recreation Master Plan was implemented in 2016.

The current Master Plan does not provide staff direction on whether to run competitive or non-competitive programs. However, that criteria can be added to the public surveys and workshops.

Budget Impact
Generally, competitive sports may require more coaches to focus on strategy, skill development and player management while non-competive sports may require fewer coaches, who focus on recreational enjoyment and basic skill development. If direction is provided to provide competitive programs opposed to non-competitive programs. The budget will need to be amended to add additional staff costs for coaches and officials.

The estimated cost per coach is $16 per hour and officials is $25 per game. The estimated cost for non-competive sports coaches and officials is $62,043.

CITY OF DELANO

STAFF REPORT
April 2, 2024
Agenda Item: 14
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Mark Hensley, City Attorney
SUBJECT: Authorize Entering into Professional Services Agreements Regarding the Rent Control/Stabilization and Tenant Protections Initiative Petition to (1) Assist Staff in Analyzing the Potential Staffing Requirements and Budgetary Impacts, Including a Fee Study, Regarding Implementing the Requirements of the Petition; and, (2) Assist Staff in Comparing the Requirements and Impacts of the Petition’s Proposed Regulatory Scheme Relative to Cities that have Rent Control/Stabilization and Tenant Protection Regulations.

RECOMMENDATIONS

1. Authorize entering into Professional Services Agreements regarding the Rent Control and Tenant Protections Initiative Petition (“Petition”) to:
a. Assist staff in analyzing the potential staffing requirements and budgetary impacts, including a fee study, regarding implementing the requirements of the Petition; and
b. Assist staff in comparing the requirements and impacts of the Petition relative to cities that have rent control/stabilization and tenant protection regulations.

2. Alternatively, discuss and take other action related to this item.

DISCUSSION/BACKGROUND
On December 11, 2023, proponents Yolanda Vega and Guadalupe Martinez filed a Notice of Intent to Circulate Petition for the purposes of adopting an initiative that would enact a rent control and eviction control ordinance in the City of Delano. The notice was accompanied by a copy of the text of the proposed initiative measure and a request that a ballot title and summary be prepared. In accordance with Elections Code § 9203, the City Attorney’s Office prepared the following title and summary within 15 days of the request:

BALLOT TITLE: DELANO RENT CONTROL ORDINANCE

INITIATIVE PETITION TO ADD A RENT CONTROL AND EVICTION

CONTROL ORDINANCE TO THE DELANO MUNICIPAL CODE
The proposed ordinance, if approved by the voters, would establish residential rent control and prohibit landlords from evicting tenants for reasons that are not specifically listed in the proposed ordinance. Although there are statewide rent control and eviction control laws already in place, Delano does not currently have its own local limits on residential rents or local restrictions on tenant evictions. The proposed ordinance would provide additional tenant protections beyond those in state law.

The proposed ordinance would establish and set a maximum allowable rent on rent controlled residential units in the City of Delano. The base rent for tenancies that commenced on or before the effective date of the ordinance would be the rent in effect on December 11, 2023. The ordinance would set maximum allowable annual rental increases for all residential units, except for certain exempt units. The maximum allowable annual rent increase would be 60% of the percentage increase in the Consumer Price Index, or three percent, whichever is less. No more than one rent increase per year could be imposed and the annual rent increase would take effect on September 1 of each year. Under the proposed ordinance, a landlord or tenant could file a petition with the city seeking a rent adjustment either upward or downward.

The ordinance would also establish “just cause for eviction” requirements in the City of Delano. Tenancies could not be terminated by landlords under the ordinance except for reasons that are specifically listed in the ordinance. Units exempt from rent control pursuant to the Costa Hawkins Rental Housing Act would still be subject to the eviction control provisions contained in this ordinance. The ordinance would also require relocation payments to be made to tenants under certain specified circumstances.

The proposed ordinance requires all landlords to pay an annual rental housing fee. The City Council would determine the amount of the fee. Until the Council makes that determination, the fee would be set at $120 per rent-controlled unit per year and $84 per unit per year for units that are exempt from the rent control provisions.

The ordinance would give tenants the right to organize and form tenant associations with which landlords must confer in good faith regarding issues of common concern.

The ordinance would be enforced and administered by a newly established city department. The duties of the department would include, without limitation: determining the annual allowable rent increase; adjudicating petitions for rent adjustments; promulgating regulations for the administration and enforcement of the ordinance; charging and collecting the rental housing fee; and reporting annually to the City Council.

Council Authorized Staff to Analyze the Proposed Rent Control Measure During Time Period that Signatures are Being Gathered:

At its February 5, 2024, Council Meeting, the Council authorized staff to, pursuant to Elections Code § 9215 to analyze and prepare a report on the following regarding the Petition, as applicable:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city’s general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community’s ability to attract and retain business and employment.
(6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. (8) Any other matters the legislative body requests to be in the report.

The report generally must be presented to the city council within the time prescribed by the city council, but no later than 30 days after the elections official certifies to the city council the sufficiency of the petition. The circulators of the Petition are currently gathering signatures and have until June 17, 2024, to gather 10% of the registered voters’ signatures, or 1,714 signatures. It is not possible to know if and when the signature will be presented to and certified by the City Clerk, but time is of the essence in analyzing the Petition.

The proposed measure would require the city to establish a “Program” to implement and enforce the ordinance that could be created by the Petition and would require the council to review and assess annually whether a sufficient number of staff are employed by the Program, such as a Program Administrator, hearing examiners, housing counselors, and legal services, as may be necessary to perform the functions of the Program efficiently in order to fulfill the purposes of the ordinance. The ordinance anticipates that the costs associated with the Program would be funded by a “Rental Housing Fee” charged to landlords. The amount of the fee would be set by the city council but would initially be set at $120 per rent-controlled unit per year and $84 per unit per year for units that are exempt from the rent control provisions of the ordinance but subject to the other provisions (for example, eviction control).

Staff is proposing that the Council authorize staff to enter into a professional services agreement with Baker Tilly to analyze the staffing needs and costs of such for purposes of fulfilling the Program requirements set forth above. (Baker Tilly proposal attached).

As part of this analysis, a fee study would be prepared as the initial fees set forth in the Petition are by the terms of the Petition temporary and Council will need to set permanent fees. Additionally, regardless of whether the fees are temporary or permanent, they will be considered either “regulatory fees” or “property related fees” under Proposition 218, and the fees must be justified by a study. Accordingly, Baker Tilly would also provide a fee study which will flow naturally from the assessment of the staffing needs and the costs of providing the staffing.

Staff is also proposing that the Council authorize a professional services agreement with HR&A (see attached proposal). This firm has already provided on a gratis basis high level information regarding cities that have rent control and tenant protection regulations and a sample of jurisdictions that have various forms of rent control and tenant protection regulations, the number of units in the program and the cost of City operations, compliance activities, “fair return” petitions and issues, and information about rental housing boards. Staff would use HR&A to provide the Council with a general comparison of how the regulations proposed by the Petition compare to other rent control and tenant protection regulations that currently exist in other California cities.

One issue of particular concern is whether the rent increase restrictions in the Petition will raise significant “fair return” issues for the landlords that would be subject to the rent restriction portion of the Petition. If it does raise significant fair return issues, then the City could face challenges and financial liability for “regulatory takings” of landlords’ property rights. The Petition does contain provisions that allow for landlords to seek increases beyond the formula contained in the Petition which does provide some potential protection to the City against regulatory takings claims, but it will be helpful to understand how the rent increase restrictions compare to other jurisdictions and how likely it is that the City may have to take, and how often it may need to take action to allow increases beyond those set forth in the Petition. This issue by its nature will create a lot of tension between landlords and tenants and potentially place the City in a very difficult position of potentially having to arbitrate rent increase disputes.

Depending on the outcome of staff’s analysis of the Petition and its associated recommendations, if the Petition qualifies for the November ballot, the City may work with Circulators to determine if they are willing to change some of the language in the Petition and/or propose that the Council place an alternative ballot measure on the ballot to address areas that staff believes will present challenges and issues for the City. It is too early to assess whether the likelihood of using these alternatives, but staff wanted to let Council know that this is an option, and it may or may not be proposed by staff in the near future.

FISCAL IMPACT
Approximately $100,000

ATTACHMENTS
Baker Tilly Proposal
HR&A Proposal
Current list of Cities with Rent Control Regulations (provided by HR&A) Tables of Sample Jurisdictions – Program Administration, Jurisdiction Compliance (Regulation) Activities; “Fair Return” Petition processes; Rental Housing Boards (provided by HR&A)
Client Name
September 29, 2022
1 March 5, 2024
Mr. Mark Hensley
Hensley Law Group
2600 W Olive Avenue, Suite 500
Burbank, CA 91505
Delivered electronically
Dear Mr. Hensley:

Thank you for meeting with Jay Trevino to discuss the City of Delano’s needs related to a rent control initiative which may be considered by voters at an upcoming election. The City wants to study the initiative to understand its impacts on the organization, staffing, operations and cost.

Understanding of the engagement and approach
The intended study would analyze the practical considerations for implementing and administering the rent control program, including the related costs. For instance, it is likely that the City would establish a rental registry if the initiative were adopted, and it may also want to consider governance options such as establishing a rental housing board to administer certain provisions in the initiative.

Based on our experience from similar engagements, Baker Tilly proposes to provide the City of Delano with the following.
• Review of relevant literature to inform the fiscal and operational analysis and to identify the range of impacts that may result from implementing the initiative. This review would consider information or studies that may be provided by proponents of the initiative, studies or data provided by the City, or relevant studies identified by Baker Tilly.
• Fiscal and organization structure analysis to examine the impacts on the City organization. This will address issues for implementing and administering the program based on Delano budget and cost factors. Baker Tilly’s assessment of the rent control program would also provide options for how the new governmental program could be integrated within the organizational structure and identify the fees, which are typically paid by landlords, to offset program costs. • Concise and readable report summarizing the above, as well as summarizing the initiative, what it does, and how it works. This report would inform decision makers and members of the community.

The report will detail the initiative’s impact in terms of costs, fees, and organizational structure changes.

Aligning key engagement team members with your goals
Baker Tilly consultants have years of experience working in all aspects of local government management and have built a track record of extraordinary quality service for our clients.

The core team members dedicated to this engagement will include Jay Trevino, who will serve as the project director, Al Zelinka, who will serve as the project manager, and senior consultant Vicki Sun will lead our research and analysis. Other Baker Tilly staff will assist the core team as necessary. Brief qualifications for the core team members are presented below.

Baker Tilly US, LLP
2570 W El Camino Real
Suite 640
Mountain View, CA 94040
+1 (949) 809 5588
bakertilly.com
The City of Delano
March 5, 2024
2 ENGAGEMENT TEAM FOR THE CITY OF DELANO
Jay Trevino – Director
Role: Project director
Jay helps government leaders improve operations through detailed analysis and inter-departmental collaboration. He is skilled at using performance measurement to improve effectiveness and provides management services to clients for special projects or to augment management capacity. His consulting work focuses on many different areas of government, including organization and staffing assessments in various areas including police, fire, public works, library, finance, community services and community development.

He has assisted numerous client agencies including the cities of Los Angeles, Santa Monica, Beverly Hills, Pasadena, Manhattan Beach, San Jose, Morgan Hill, Brea, Pacifica, Walnut Creek, South Gate, Downey, Whittier, Santa Fe Springs, Huntington Beach, Perris, Newport Beach, Pico Rivera, La Mirada, Norwalk, Costa Mesa, Chula Vista, Seal Beach, Cypress, Garden Grove, Los Alamitos, Fullerton, Sutter County, California and Doña Ana County, New Mexico.

Jay spent more than 31 years in California local government, serving four cities in various executive and management roles and developing expertise in all aspects of policy development, organizational leadership and planning and development services.

He worked for the cities of Santa Monica and Brea and served as the executive director of the Planning and Building Agency for the City of Santa Ana before retiring in 2013. He is skilled at building effective teams, strategic planning, managing for performance, community outreach and process improvement.

Al Zelinka – Director
Role: Project manager
Al brings a wealth of experience in both local government leadership and consulting to his work with Baker Tilly’s public-sector advisory team. He served most recently as city manager for the California cities of Huntington Beach and Riverside. Key accomplishments in those roles include creating a nationally recognized and award-winning one stop shop (and associated zoning code updates and streamlined process improvements) garnering 96% customer satisfaction, overhauling outdated administrative policies and procedures, improving financial health, developing public infrastructure, advancing strategic planning and succession planning, advancing policies on equity and homelessness and promoting community engagement. Al also served as community development director for the cities of Riverside and Fullerton, creating more efficient and effective processes and improving operations.

The City of Delano
March 5, 2024
3 Vicki Sun – Senior consultant
Role: Research and analysis
Vicki’s local government background includes project management, performance measurement, and policy development. She served as a program performance auditor with the City of San Jose, assessing the performance of various departments, services, and programs; analysis led to the saving of millions of dollars from improving organizational efficiency for the Parks, Recreation & Neighborhood Services Department. Vicki worked on performance audits related to the allocation and monitoring of emergency COVID-related housing grants, citywide grants management, and the management of real estate properties. She served previously as community engagement manager and a policy advisor in the City of San Jose’s Mayor’s Office, working on technology-related policies, including laying the groundwork for the City’s privacy policy.

About Baker Tilly
Celebrating more than 90 years serving our valued clients As a future-looking firm, we celebrate more than 90 years in the marketplace by honoring our roots and continuing to shape our future. We embrace the fact that local governments can’t stand still — and we won’t stand still. As we help our clients identify new needs and opportunities, we innovate and change to work better.

Effective on or around June 1, 2024, all consulting and tax engagements will be performed by Baker Tilly Advisory Group, LP. All assurance engagements will continue to be performed by Baker Tilly US, LLP.

Delivering specialized expertise to our public sector clients State and local government is a complex, unique environment shaped by fiscal, regulatory and operational considerations not found in other industries. We recognize this complexity, and we are eager to serve as a truly valued advisor to the public sector. Nationwide, our state and local government practice has served nearly 4,000 state and local governmental entities, including municipalities, special districts, counties, public utilities, school districts and transit.

SUPPORTING STATE AND LOCAL GOVERNMENTS WITH SPECIALIZED EXPERTISE The City will benefit from the insight Baker Tilly has gained from serving thousands of public sector clients across the United States.

The City of Delano
March 5, 2024
4 Professional fee
This project will be billed on a time and expenses basis pursuant to the following rates.

Title Hourly Rate
Project Director $295
Project Manager $275
Special Advisor $250
Senior Consultant $225
We do not anticipate any travel or miscellaneous expenses for this engagement. However, any unforeseen expenses will be billed on an actual cost basis.

Conclusion
The City of Delano will be a valued client of Baker Tilly, and I will be personally involved in all aspects of our relationship, from planning through completion. Thank you for the opportunity to make tangible contributions to your success. Our team is excited to earn your trust, and we look forward to discussing your questions and feedback.

Sincerely,
Carol Jacobs, Managing Director
Baker Tilly US, LLP
+1 (949) 809 5588 | [email protected]
Accepted for the City of Delano by:

Name: _____________________________________
Title: _____________________________________
Date: _____________________________
Baker Tilly US, LLP is currently undergoing a restructuring of its organization which is anticipated to occur on or around June 1, 2024. Following the closing of such restructuring, all consulting and tax engagements will be performed by Baker Tilly Advisory Group, LP. All assurance engagements will continue to be performed by Baker Tilly US, LLP.

The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. © 2024 Baker Tilly US, LLP.

Baker Tilly US, LLP, trading as Baker Tilly, is an independent member of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity, and each describes itself as such. Baker Tilly US, LLP is not Baker Tilly International’s agent and does not have the authority to bind Baker Tilly International or act on Baker Tilly International’s behalf. None of Baker Tilly International, Baker Tilly US, LLP nor any of the other member firms of Baker Tilly International has any liability for each other’s acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited.
700 S. Flower Street, Suite 2995
Los Angeles, CA 90017
t: 310.581.0900 | www.hraadvisors.com
New York | Atlanta | Dallas | Los Angeles | Raleigh | Washington DC 2024 Hourly rates* for HR&A staff:

Partners ................................................................................................$460.00 Principals ..............................................................................................$420.00 Directors ...............................................................................................$370.00 Senior Analysts.....................................................................................$280.00 Analysts ................................................................................................$225.00 Research Analysts................................................................................$180.00 Admin....................................................................................................$105.00 *Trial preparation and testimony are billed at 1.5 times the hourly rates. These rates are guaranteed through December 31, 2024.

HR&A bills for customary out-of-pocket expenses (e.g., travel costs, mass reproduction, specialized graphics, long-distance telephone, messenger, and overnight delivery) at their direct cost to HR&A without mark-up.

Pronouns: He/Him/His
Paul J. Silvern | Partner
Paul is a long-tenured Partner in the firm’s Los Angeles office, where he previously served as the office’s Managing Partner for 13 years. Paul specializes in real estate advisory, economic development, affordable housing, and public policy services for both private and public clients. This has involved him in television and film studio expansions, hotel developments, high-technology office parks, high-rise office buildings, shopping centers, hospital complexes, university campus expansions, large residential developments, professional sports stadia, mixed-use developments, and a variety of types of planning initiatives. His housing experience ranges from development of affordable housing strategies to drafting and evaluating regulations for public agencies and private parties, to financial and transaction analysis for private developers and public lenders.

Education
University of California Los Angeles,
Graduate School of Architecture and
Urban Planning, Master of Arts,
Architecture and Urban Planning, 1979
University of Illinois Urbana,
Bachelor of Science (with Honors),
Architectural Studies, 1974
Analysis of Options for the County of Los Angeles Rent Stabilization Ordinance
Served as Senior Advisor to the HR&A team advising the LA County Chief Executive Office and the Board of Supervisors on post-COVID-19 pandemic period options for the annual rent increase formula. The analysis was based on review of statewide rent stabilization experience, and the characteristics of tenant households and apartment owner operating expenses for apartment buildings in the unincorporated area that are subject to the County’s 2019 Rent Stabilization and Tenant Protection Ordinance.

Policy Options for the Beverly Hills Rent Stabilization Ordinance For the City of Beverly Hills, CA, directed analysis of several unresolved issues associated with changes to the City’s Rent Stabilization Ordinances which were adopted in January and May 2017. These issues included the formula for the maximum allowable annual rent increase, amounts and beneficiaries of relocation fees that landlords must pay in cases of “nocause” evictions, and whether to exempt 2-4-unit buildings from regulation. To frame options for resolving these issues, HR&A assembled a data brief on household, landlord finance, and multifamily housing stock data. Based on a series of Issue Papers on each topic, HR&A co-facilitated a series of public dialogue meetings with tenant and landlord representatives to present the analysis results and explore whether consensus recommendations were achievable prior to reporting to the City Council.

Policy Options for a New County of Los Angeles Mobile Home Park Rent Stabilization Ordinance
For an inter-departmental Working Group under the leadership of the LA County Development Authority, directed research and analysis of mobile home park space tenants and mobile home park owner characteristics for the County’s 80 mobile home parks. Participated in regular meetings of the Working Group to discuss regulatory issues and draft an ordinance that was later combined with a separate RSO initiative for apartment Work Experience
HR&A Advisors, Inc., 1986 – Present
Lincoln Institute of Land Policy
Adjunct, Faculty Associate, 1992
City of Santa Monica, California, Policy
Development Manager and Director
of Planning, 1983 – 1985
Skid Row Development Corporation,
Economic Development Specialist,
1979 – 1983
Urban Innovations Group, Project
Manager, 1978 – 1979
University of California Los Angeles,
Graduate School of Architecture and
Urban Planning, Teaching Assistant
and Research Assistant, 1976 – 1978
Pacific Missile Test Center, Pt. Mugu,
CA, Public Works Engineering
Department, Architect, Plans and
Programs Branch, 1975 – 1976
Affiliations
LA County 3rd District Consolidated
Redevelopment Successor Agencies,
Oversight Board, Chair & Vice Chair,
2018 – Present
Santa Monica Redevelopment
Successor Agency Oversight Board,
Chair, 2012 – 2017
Santa Monica-Malibu Unified School
District Financial Oversight Committee,
Member, Former Chair, 2003 – 2017
Southern California Association of
Governments, Forecast Technical Task
Force, Vice Chair, 2002 – 2005
Santa Monica-Malibu Unified School
District, Ad-Hoc Committee on District
Facilities, 1997 – 1998, 2009 – 2010
Santa Monica College General Advisory
Board, Member, 1997 – 1998
City of West Hollywood, Ad-Hoc Task
Force on City Organization and
Management, 1986 – 1987
Southern California Association of
Governments, Planning Director’s
Committee, 1983 – 1985
Inner City Law Center, Board of
Directors, 1982 – 1985
Santa Monica Pier Restoration and
Development Task Force, 1982 – 1983
Santa Monica Architectural Review
Board, 1981 – 1983
The American Real Estate & Urban
Economics Association, 2008 – Present
The Urban Land Institute, 1982 –
Present
American Planning Association, 1979 –
Present
American Institute of Architects
(Professional Affiliate), 1976 – Present
ULI-Los Angeles Housing Council,
2017-Present
Los Angeles Business Council, 2019-
Present
Southern California Association of NonProfit Housing, 2015-Present buildings. A comprehensive Rent Stabilization and Tenant Protection Ordinance for the unincorporated area was adopted in 2019.

Analysis for Evaluation of the City of Los Angeles Rent Stabilization Ordinance
For the 1994 edition of HR&A’s three triennial analyses of the City’s Rent Stabilization Ordinance (RSO), managed analysis of rental housing demand and supply, tenant characteristics, housing stock characteristics, and housing financial characteristics of rent-stabilized housing, and assisted in crafting policy recommendations for changes to the City’s RSO.

Los Angeles Skid Row Social Services & Housing Needs Assessment Managed an assessment of shelter resources and social services needs in the Skid Row area of the Los Angeles CBD to guide future redevelopment policy formulation and implementation. Managed an authoritative investigation of the number of people sleeping in the area, but outside of conventional shelter facilities, which was cited by the U.S. General Accounting Office as one of the best surveys of the unhoused population in the nation at that time. Also managed an analysis of the neighborhood’s extensive single-room occupancy housing stock, including a detailed inventory, building characteristics, and financial characteristics of building ownership and operations.

Analysis to Support Santa Monica’s Affordable Housing Production Program
Directed detailed analyses in support of recommendations to substantially revise Santa Monica’s “inclusionary” housing program.

Directed preparation of a “nexus” study to support an in-lieu fee as one component of the City’s Affordable Housing Production Program, updates to account for changed market circumstances, and annual fee adjustments using an HR&A-designed formula. Directed analyses to support multiple Housing Element updates since the 1990s, including extensive financial feasibility analysis for the 6th Cycle update to assist City decision makers to set market-responsive FARs and building height limits on all commercial boulevards for mixed-use multifamily developments with required percentages of affordable housing.

Implementation of Affordable Housing Loan Programs for LA County For the Los Angeles County Development Authority, and since 1999, directed analysis related to various aspects of the Industry Fund affordable housing development loan program, including scoring of competitive proposals, and for selected loans, due diligence review, extensive consultations with applicants and County staff to finalize deal structures, drafting complex loan documents, and negotiations regarding the loan documents with borrowers, their professional consultants and financial partners, County staff and the County’s outside real estate counsel. Served as chief housing consultant to the County’s Department of Mental Health to design and implement the County’s MHSA Housing program to fund new Permanent Supportive Housing. Also directed work to establish a new affordable housing program for the County-affiliated First Five LA program for parents of young children.

Pronouns: She/Her/Hers
Education
Harvard University, John F. Kennedy
School of Government, Master in
Public Policy and Urban Planning, 2002
Stanford University, Bachelor of Arts,
Economics, 1999
Work Experience
HR&A Advisors, Inc., 2013 – Present
Pro Forma Advisors, Partner, 2011 –
2013
Economics Research Associates,
Senior Associate, 2005 – 2011
Lenders for Community, Development/
Opportunity Fund, Loan Officer, 2002 –
2005
City of Ontario, Redevelopment
Agency, Intern, 2000
Affiliations
Abode Communities, Board Member
Westside Urban Forum, Board
Member
American Planning Association,
Member
Urban Land Institute, Member
Women’s Transportation Seminar, Los
Angeles Chapter, Member
Judith Taylor | Partner
Judith brings over 20 years of experience in real estate, land use, housing, anti-displacement strategies, and inclusive economic development strategy. She specializes in leading forward-looking market and economic analyses that help public and private clients identify and implement transformational, yet achievable, economic development strategies. From anti-displacement, and placemaking strategies to transit oriented development, Judith is focused on advancing public sector goals and unlocking opportunities for publicprivate partnership. With an expertise in economics, her work has balanced feasibility with delivering innovative community benefits.

Rent Stabilization Study | County of Los Angeles, CA
Following pandemic-era rent freezes, high inflation, and other recent market shifts, the County of Los Angeles was interested in reviewing the formula it uses to set allowable rent increases under its Rent Stabilization and Tenant Protections Ordinance (RSTPO). Judy worked closely with County Staff and stakeholders, including tenants, property owners, and advocacy organizations, to gain insights about the challenges that tenants and property owners face, and how stabilization impacts those challenges. Based on this work, Judy developed a study of policy, legal, and market factors to inform potential changes to the County’s rent stabilization ordinance. Judy recommended six options for formulas to calculate allowable rent increases and provided guidance to help the Board of Supervisors to consider the potential impacts on tenants, housing providers, and administrators.

TOPA Report | County of Los Angeles, CA
On behalf of the Los Angeles County Board of Supervisors and through the Department of Consumer and Business Affairs (DCBA), Judy developed recommendations for the Tenant Opportunity to Purchase Act (TOPA) policy for Unincorporated L.A. County. To develop TOPA, Judy along with her team, facilitated workshops with County stakeholders to discuss program goals and policy priorities, as well as external stakeholders, including tenant advocates, property owners, and real estate and affordable housing industry experts, and conducted desktop research and interviews with jurisdictions with precedent programs. Based on best practices and lessons learned, Judy developed preliminary program design and implementation recommendations for Tenant Opportunity to Purchase Act (TOPA) policy for unincorporated LA County.

Anti-Displacement Strategy | City of St. Paul, MN
Since 2014, Saint Paul has undergone several transit improvements and redevelopment projects, which have sparked real estate investment pressures in surrounding communities and raised concerns about housing affordability. In response to these challenges, Judy Analyzed displacement trends and developed strategies to minimize displacement of low-and moderate-income communities, communities of color, and small businesses in Saint Paul while encouraging investments in housing, affordable housing, and small businesses. Judy provided the City with an extensive list of recommended tools, policies, and strategies that could be deployed to mitigate displacement while still supporting new development and investments within Saint Paul
San Diego Eviction Study | San Diego Housing Commission (SDHC)
Amid the growing housing affordability crisis and the expiration of eviction moratoria set during the COVID-19 pandemic, the San Diego Commission (SDHC) recognized the need for a better understanding of eviction trends and more robust programs and policies to prevent evictions. Judy worked closely with SDHC to conduct a longitudinal analysis on evictions and foreclosures in the city to help guide future data tracking on evictions and inform displacement reduction policies. As part of the Study, Judy analyzed eviction-related data and programs and highlighted relevant national best practices on eviction prevention and housing stability to inform policymaking. The analysis provided SDHC with a clear understanding of eviction trends in San Diego, the challenges of existing eviction prevention programs, and opportunities to improve housing programs and policies to protect in-need renters.

Joint Development Housing Accelerator, Metropolitan
Transportation Authority | Los Angeles County
Judy assisted Los Angeles County Metropolitan Transportation Authority (LA Metro) in revaluating its joint development policies, with the goal of spurring more meaningful affordable housing development, in response to Los Angeles’ affordable housing crisis. Based on Metro’s priorities, Judy created an interactive affordable housing calculator for LA Metro to inform Metro’s Joint Development Policy update, leveraging financial modeling to optimize the agency’s ability to develop affordable housing on Metroowned properties.

Wilkinsburg Anti-Displacement Strategy | Wilkinsburg
Community Development Corporation (WCDC)
Supported the WCDC in developing a proactive anti-displacement strategy by evaluating funding and policy tools used by other jurisdictions around the country as part of anti-displacement strategies and assessing gaps, if any, within existing antidisplacement toolkits for the City of Pittsburgh.

Pronouns: He/Him/His
Jonathan Meyers | Partner
Jon has over 20 years of experience in advising governmental and private sector clients on strategy, financing, and implementation of complex public realm projects. Jon has a dedicated focus on developing sound and effective strategies for deploying public-private partnerships in real estate development and public infrastructure. Jon returned to HR&A in 2016 after serving for ten years as the COO of the Trust for Governors Island, where he was responsible for capital projects, operations, and finance for a complex redevelopment project in New York Harbor. Prior to the Trust, Jon had more than 6 years of experience with HR&A, focusing on economic development and economic impact for both public sector and private sector clients.

Education
Columbia University, Master in
Business Administration, 2001
Dartmouth College, Bachelor of Arts,
Geography, 1996
REBNY Rent Regulations Analysis
On behalf of the Real Estate Board of New York (REBNY), led a multi-pronged study of the existing rent-regulated housing landscape in order to assess proposed revisions to the law and to inform REBNY’s policy goals for the 2019 State legislative session. Assessed New York City’s rental housing market and mapped the distribution of units and rents across geographies, typologies, and regulation statuses. Produced a series of representative base-case pro-formas based on building typologies identified in the housing assessment, allowing an analysis of the effects of proposed changes, including impacts on building conditions, capital investment, and housing supply, job creation and tax revenue. Combined, both the housing market snapshot and financial models informed reporting that presented findings as well as potential policy alternatives in a compelling, digestible format.

HR&A followed this analysis with a 2024 analysis to understand the retrospective impact of the 2019 legislative changes. This analysis focused on the impact on tenants, rents, reinvestment in existing units, and total units subject to regulation. The analysis also included a financial calculator to understand the impact of the 2019 regulations on rents and cost increases.

NYC Housing OPEX Study
Supported REBNY to conduct a detailed analysis of existing conditions and recent trends in operating expenses and revenues for a variety of rentregulated housing in New York City. Using a significant quantity of building performance data (TC 201 forms) from 2019-21, devised a set of prototypes for subsequent analysis. The analysis focused on assessing building performance before and during the COVID-19 pandemic across age, size, and location (zip code level) and in comparison with Rent Guidelines Board (RGB) performance metrics. Supported REBNY in delivering a data-driven testimony to help improve RGB's processes.

Washington State Equitable Energy Efficiency Assessment On behalf of the Washington State Department of Commerce, HR&A Advisors, Inc. (HR&A) assessed the existing ecosystem and demand for energy assistance services among low-income and energy-burdened households across the State of Washington, and then created strategies to improve significantly scale and improve programs to achieve equitable energy assistance and housing Work Experience
HR&A Advisors, Inc., 2001 – 2006,
2016 – Present
Trust for Governors Island, Chief
Operating Officer, 2006-2016
Goldman Properties, 1998 – 2000
Common Ground Communities, 1996
– 1998
decarbonization. HR&A partnered with Firelands Workers United—a local community-based organization—who led a statewide deep listening campaign to understand the needs of low-income tenants and homeowners as well as energy efficiency service providers and workers. Through existing conditions analysis, literature review, stakeholder interviews, and program analysis, the team developed 15 recommendations to improve Washington State’s energy efficiency programs and strategies to achieve the state’s equitable decarbonization goals, followed by a detailed roadmap and implementation plan to realize these transformative changes.

NYC Solar Program Design and Implementation
Supported the City of New York (NYC) on its creation of a Public Solar Program to support installation of rooftop solar on low- to moderate-income and environmental justice communities in NYC. Assisted NYC Economic Development Corporation, Office of the Comptroller, and Mayor’s Office of Climate and Environmental Justice on NYC’s application for the Solar for All – a grant within the Greenhouse Gas Reduction Fund – that would enable the creation of a new Public Solar Program in NYC to increase access to solar financing and resources for low-income tenants and homeowners.

Conducted stakeholder interviews, analyzed the NYC building stock to identify priority target neighborhoods, calculated financial and carbon emissions impact, and developed an implementation plan to inform the details of solar program design. On Earth Day 2023, NYC Mayor Eric Adams released PlaNYC: Getting Sustainability Done, which included a commitment to a public solar financing project for low-income homeowners in environmental justice communities—informed by HR&A’s study.

Energy Efficiency in Low- and Moderate-Income Housing
As part of the ACEEE team with support from National Renewable Energy Laboratory (NREL) and the Rockefeller Foundation, HR&A is supporting the Department of Energy’s design and implementation of a national challenge approach to scale clean energy retrofits in the low- and moderate-income (LMI) housing market in a manner that centers racial equity. HR&A is leading the content development for the affordable housing and energy efficiency in affordable housing trainings and serving as a technical advisor to help design and implement the challenge nationally.

Con Edison LMI Building Electrification in NYC
Assisted Consolidated Edison, Inc. (ConEd) in studying the financial impact of building electrification of low- and moderate-income (LMI) housing in New York City. Developed an Excel-based financial model to measure the changes in net operating income, tenant and owner utility costs, and greenhouse gas emissions due to building electrification – one of the most challenging yet necessary steps to achieve full building decarbonization. HR&A’s analysis shows that full building electrification in the LMI multifamily housing sector in New York City can have a tremendous impact in reducing citywide GHG emissions, setting NYC and ConEd on a path to achieve climate goals set by New York State’s Climate Leadership and Community Protection Act (CLCPA).

California Jurisdictions with Adopted Rent Stabilization or Rent Control Ordinances Jurisdiction Year Ordinances Enacted
Alameda 2019
Antioch 2022
Baldwin Park 2019
Bell Gardens 2022
Berkeley 1980
Beverly Hills Chapter 5: 1978
Chapter 6: 2017
Concord 2024
Cudahy 2023
Culver City 2020
East Palo Alto 2010
Fairfax 2023
Hayward 2019
Inglewood 2019
Los Angeles - City 1979
Los Angeles - County 2019
Los Gatos 2004
Maywood 2023
Mountain View 2016
Oakland 2000
Ojai 2023
Oxnard 2022
Palm Springs 1980
Pasadena 2022
Pomona 2022
Redwood City 2019
Richmond 2017
Sacramento - City 2019
San Francisco 1979
San José 1979
Santa Monica 1979
Santa Ana 2021
West Hollywood 1985
Source: HR&A Advisors, Inc.

Table 1: Summary of Sample Jurisdictions’ Program Administration Jurisdiction
Full-Time
Equivalent
(“FTE”)
Annual Budget
Allocation Division of Work
Total
Number of
Rental
Units
Alameda
10 Note: FTEs
are split
between the
City and
Housing
Authority
Start-up budget: $1.7
million
Expenses: $2.2 million
Revenues: $1.8 million
Compliance, Hearings,
Petitions, Public Information,
Registration, Termination of
Tenancy
14,000
Antioch 2 FTE
TBD*
*Program has not been
implemented for a full
year yet
Compliance, Hearings,
Petitions, Registration,
Public Information
13,500
Berkeley
24 Projected to
reach 30
Start-up budget:
$225,000
Expenses: $5,466,666
Revenues: $4,850,000
Administration,
Compliance, Counseling,
Hearings, Housing,
Mediation, Petitions, Public
Information, Termination of
Tenancy
25,000
Beverly Hills 6
Expenses: $1.1 million
Revenues: Paid from
General Fund
Commission,
Complaints, Compliance,
Petitions, Registration,
7,700
Attachment 2
Jurisdiction
Full-Time
Equivalent
(“FTE”)
Annual Budget
Allocation Division of Work
Total
Number of
Rental
Units
Inglewood
8 Projected to
reach 17
Start-up costs:
$352,379 Personnel,
$788,500 Office, and
professional services
Expenses: $3,427,121
Revenues: N/A (Still
within first year of
program)
Administration Inspection,
Public Information,
Registration, Termination of
Tenancy
23,000
Richmond 12
Start-up costs: $1.1
million
Expenses: $2,425,312
Revenues: $2,609,056
Compliance, Counseling,
Hearings, Housing, Legal
Assistance, Petitions, Public
Information, Registration,
Termination of Tenancy
18,450
Santa Monica 24
Expenses: $5,287,331
Revenues: $5,307,131
Administration, Hearings,
Mediation, Petitions, Public
Information, Registration
27,484
West
Hollywood 10
Start-up costs:
$200,000 Software and
additional personnel
Expenses: $2,659,262
Revenues: $2,211,000
Administration, Complaints,
Compliance, Hearings,
Inspections, Public
Information, Registration
16,707
Sources: City Ordinances, May 2022; Zoom Interviews of Sample Jurisdictions conducted in May and June 2022
Table 2: Sample Jurisdictions’ Compliance Activities
Jurisdiction Penalties and Remedies Activities
Alameda
Series of citations for Article
violations ($250 – $1,000) or
by imprisonment not to
exceed 6 months, or by both a
fine and imprisonment
Any aggrieved person,
including the City and State of
CA, may enforce this article by
means of a civil action
Housing Authority provides annual
report of Ordinance violations to the
City
City Attorney’s Prosecution Unit is
responsible for administering
warning notices
Antioch
Violations of the Rent
Stabilization Ordinance:

Fine up to $1,000,
imprisonment in the county jail
for up to 6 months, or both
fine and imprisonment
City Manager is responsible for
designating a Hearing Officer to
consider the tenant’s petition and to
determine compliance
Berkeley
Petition the board for
appropriate relief
Withhold up to the full amount
of periodic rent in good faith
Seek injunctive relief
File a damage suit against the
landlord
City Department is responsible for
proactive compliance activities
including the provision of online tools
to assess landlord compliance in
addition to mailed communications to
tenants and landlords
Beverly Hills
Series of citations for code
violations ($100 -$500)
City Code Enforcement division is
responsible for proactive annual
inspections
Warning notices are first method of
compliance for registration
violations
Contracted Criminal Prosecutor
issues citations
Mediation services are provided
through a contracted program on
behalf of the City
Jurisdiction Penalties and Remedies Activities
Inglewood
Misdemeanor
Administrative Fine ($500)
The City’s decision regarding
enforcement shall not affect a
Tenant’s right to pursue the
following civil remedies: file a
petition with the Program
Administrator, establish
eligibility for exemptions, or
dispute the amount of
Relocation Assistance due
City department is responsible for
contacting violators including by
phone following a complaint by
tenant
City’s legal aid provides further
assistance by working with tenant to
resolve further disputes
Richmond
Misdemeanor- any landlord
who retains unentitled rent
from a Tenant shall be liable
for costs incurred by the
Tenant
In lieu of filing a civil action, a
Tenant retains the right to file
an administrative complaint
City is responsible for the proactive
administration of penalty fees
Santa Monica
Landlord who retains
unentitled rent from a Tenant
shall be liable for costs
incurred by the Tenant and
Tenant retains the right to file
an administrative complaint
Misdemeanor citations not
exceeding $500,
imprisonment not exceeding
six months, or both
City software system responsible for
notifying users of fees
If fee remains unpaid, enforcement is
handled through City’s legal
department and small claims court
City’s legal department is
responsible for making
recommendations to the Board in the
case of appeals
Mediation services are provided
through a contracted program
West Hollywood
Series of citations for code
violations ($100 to $500)
Misdemeanor upon 4th
offense
City Code Enforcement is primarily
responsible for citations
Sources: City Ordinances, May 2022; Zoom Interviews of Sample Jurisdictions conducted in May and June 2022
Table 3: Sample Jurisdictions’ Petitions
Jurisdiction Type of Petition Petition Fee Approves
Petitions
Petitions
Received
Annually
Alameda
Fair Return,
Separate Capital
Improvement Plan,
Tenant
$0 (None)
Rent Review
Advisory
Committee,
Appeal to Hearing
Officer
3 Fair Returns, 17
Tenant Petitions,
10 progress to
hearing
Antioch Fair Return,
Tenant $0 (None)
Hearing Officer
(Decision is not
appealable)
TBD*
*Program has not
been implemented
for a full year yet
Berkeley
Fair Return,
Separate Capital
Improvement,
Tenant
$0 (None) Petition;
$100-$200 Fair
Return and Capital
Improvement
appeal
Hearing Examiner,
Appeal to Rent
Stabilization
Board
0 Fair Returns
since Ordinance
Effective date,
Limited Capital
Improvements
Beverly Hills
Fair Return,
Separate Capital
Improvement,
Tenant
$896 Fair Return
and Capital
Improvement; $0
(None) Tenant
petition
Hearing Officer,
Appeal to Rent
Stabilization
Commission
0 Fair Returns
Inglewood
Fair Return,
Separate Capital
Improvement,
Tenant
$199 petition,
$265 appeal; $0
(None) Tenant
petition
Rental Housing
Board
New program, 0
Petitions
Richmond Fair Return,
Tenant $0 (None) Hearing Officer, Rent Board
5-7 Fair Returns,
60 Rent Changes
(majority tenant
downward)
Jurisdiction Type of Petition Petition Fee Approves
Petitions
Petitions
Received
Annually
Santa Monica Fair Return,
Tenant
$100 per petition
for all properties
up to ten (10)
units; $150
properties with
between eleven
(11) and fifteen
(15) units; $200
properties with
sixteen (16) or
more units; $0
(None) Tenant
petition
Hearing Officer,
Appeal to Rent
Review Board
Limited Fair
Returns, 89
Tenant Petitions
West Hollywood
Fair Return,
Separate Capital
Improvement,
Tenant
$500 for buildings
with 1-4 rental
units; $500 base
fee for buildings
with 5-9 rentals
plus additional fee
of $25 per unit;
$500 base fee for
buildings with 10+
units plus
additional fee of
$35 per unit; $25
Tenant decrease
petition (lowincome waiver
available)
Hearing Officer,
Appeal to Rent
Stabilization
Commission
2 Fair Returns in
the past 10 years,
30-40 Tenant
Petitions annually
Sources: City Ordinances, May 2022; Zoom Interviews of Sample Jurisdictions conducted in May and June 2022
Table 4: Sample Jurisdictions’ Rental Housing Board
Jurisdiction Board Name Members Scope of Work
Alameda
Rent Review
Advisory
Committee
5 members appointed
by the Mayor and
approved by City
Council
• 2 Tenants
• 2 Housing
Providers
• 1 Residential
Property Owner
but not Housing
Provider
• Review requests from
tenants concerning rent
increases
• Hold hearings for
requests for a rent
increase review
• Make recommendations
to the tenants and their
housing providers about
the increases
Antioch
“Rent Program
staff”
(No Rent Board,
Advisory
Committee, nor
Rent Stabilization
Committee)
Two Hearing Officers N/A
Berkeley
Rent Board (with a
number of
Committees)
9 Commissioners
elected by voters
• Must submit a
verified statement
of their interests
and dealings in
real property
during the
previous three
years
• Implement and oversee
program
• Enact regulations
• Hearing petition
appeals filed by tenants
and landlords
Jurisdiction Board Name Members Scope of Work
Beverly Hills Rent Stabilization
Commission
6 members and 3
alternates appointed
by City Council
• 2 Landlords
• 2 Tenants
• 2 members who
are not tenants or
managers or
have financial
interest in multifamily residential
rental property
• Make recommendations
to the City Council
concerning
amendments to
chapters of the Code
that have not been
resolved by the City
Council
• Perform any other
functions that may be
designated by
resolution or motion of
the City Council
Inglewood Rental Housing
Board
5 members appointed
by the mayor and
approved by City
Council
• 2 Landlords
• 2 Tenants
• 1 City employee
• Review applications
submitted by landlords
or tenants
• Establish policies and
procedures for
administration and
compliance of the
program
• Conduct hearings on
petitions filed or
appeals of decisions of
a Hearing Officer filed
Richmond Rent Board
5 members, appointed
by the Mayor subject to
three additional votes
by City Council
members
• Shall be no more
than two
members that
own or manage
any rental
property or are
realtors
• Establish Base Rent
• Make adjustments in
rent increases and
decreases
• Establish rules and
regulations
• Charge and collect
registration fees
• Collect/receive copies
of landlord notices
• Refer violations to
appropriate authorities
Jurisdiction Board Name Members Scope of Work
Santa Monica Rent Control
Board
5 elected
Commissioners
• Controlling residential
rents
• Limiting the grounds for
eviction
• Preserving rental
housing
• Encouraging
maintenance
• Ensuring landlords
receive a fair return
West Hollywood Rent Stabilization
Commission
7 members who shall
be residents of the
city.
• Each member of
the City Council
shall appoint one
member of the
Commission.
• The Council as a
whole will appoint
the remaining two
members.
• Responsible for
promulgating policies,
rules, forms, or
regulations found
necessary
to implement the
program
• Hear all appeals of
decisions by a hearing
examiner
• Submit an annual
written report to the City
Council describing its
activities.
• Evaluate and make
recommendations to
the City Council relative
to the city’s rent
stabilization policies.

Sources: City Ordinances, May 2022; Zoom Interviews of Sample Jurisdictions conducted in May and June 2022

Delano City CouncilApril 2, 2024

Delano City Council
April 2, 2024